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HomeMy WebLinkAbout1957-04-01 (Regular) Meeting MinutesI REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, HELD MONDAY THE lST DAY OF APRIL, A. D. 1957, AT 8:00 P. M. • * * • * • * • Mayor Pro-tea Parker called the meeting to order and Councilman Scott gave tbe invocation. • * • • • • • * .llayor Pro-tea Parker asked for roll call: PRBSBIT: AllllDT; !fOl'B: Braun, llcLellan, Parker, Rapp and Scott. McCabe, Robbins, Purcell. Only eight Councilmen accounted for due to resignation of Russell G. Woods, Jr., effective April 1, 1957. * • • • • • • * Councilll&D Rapp moved ) McLellan seconded) that the minutes of March 4th, 18th and 25th be approved as corrected. AYBS: NAYS: ABSBll'l': Braun, llcLellan, Parker, Rapp and Scott. None. llcCabe, Robbins and Purcell. • • * * * * • * One sealed bid was received and opened on Sanitary Sewer Exten•ion No. 55, District No. 1 as follows: Lakewood Pipe Line Construction Company -$15,706.00. Councilmen Rapp moved ) that the bid be referred to The City Engineer for study witb request that be return same later in this session with reco•- mendations. AYBS: NAYS: ABSENT: Braun seconded) Braun, llcLellan, Parker, Rapp and Scott. None. llcCabe, Robbins, Purcell. * * • • * • * * Mr. Dale Holben, Auditor, discussed the audit report for the 1ear 1956 which bad been presented to Council on March 18, 1957. Mr. Holben clarified various phases of the report and answered certain questions of Councilmen. Council11&11 Braun moved ) llcLellan seconded) that the audit report for the year 1956 be accepted. AYBS: lfAYS: ABSBHT: Braun, llcLellan, Parker, Rapp and Scott. lfone. llcCabe, Robbins and Purcell. • * • • • * * * City Engineer, N. W. Barde, returned the bid of Lakewood Pipe Line Construction Coapany for construction of Sanitary Sewer Extension No. 55, District No. 1, with the recommendation that it be rejected as excessive. Council11&11 Rapp moved ) Braun seconded) that the bid be rejected and that the project be readvertised AYBS: NAYS: ABSEMT: for bids to be opened at 8:00 P.M., April 15, 1957. Braun, McLellan, Parker, Rapp and Scott. None. llcCabe, Robbins and Purcell. • • • • • • • • Mr. Lee Jon .. , representing The Colorado .Central Power Company, stated that bis Coapany is currently interested in the possible purchase of the Don John's Firestone Store property at 35 Bast Haapden Bvenue. (Mortlnrest corner of the intersection of South Lincoln Street and Bast Baapclen Avenue.) llr. Jones pointed out that, at present, 10 feet of the presently used street of South Lincoln fro• Bast Baapclen Avenue to the north end of the Firestone property bas never been dedicated and that an additional 15 feet would be necessary to widen South Lincoln Street to full width. Mr. Jones stated that tbe purchase price of the property would be about $45,000.00 ,and bis Coapany propose• that, if Tbe City of Englewood will put up $15,000.00 and arrange to widen South Lincolq Street, Tbe Colorado Central Power Company will remove and rebuild tbe Bast wall of tbe exiating building 15 feet westward, estimated cost to be about $10,000.00, and install curb, gutter and sidewalk, with proper dedication of land being made for street purposes to allow for a street of 60' width. Mr. Jone• stated further that if the purchase price of the property should be less than $45,000.00, tbe City'• abare would be reduced proportionately. The following co111aunication from Tbe Englewood Planning Co1111ission was presented and read: . ' ''That Council consider seriously the probability and possibility of acquirins the por- tion of South Lincol~ Street north of it's inter•ectiOb wit~ East Haapden Avenue aa pJ'OVided for in the llaster Street Plan." After discussion, Councilaan Rapp moved ) AYES: NAYS: Braun seconded) that the City Manager be instructed to set aside $15,000.00 in the 1958 budget to cover the above project, that the proper paper negotiations be prepared by the City Attorney, between The Colorado :Central Power Company and The City of Englewood and that a letter of appreciation, for their spirit of cooperation, be directed to The Colorado Central Power Company over the signature of the Mayor. Braun, McLellan, Parker, Rapp and Scott. None. ABSBlft': llcCabe, Robbins, Purcell. • • • • • • • • Letters fro• The Valley Sanitation ;District and Glencoe Builders, Inc., were presented and read which constituted an application for 165 sewer taps in an area within and adjacent to the Town of Sheridan. The following communication from The Englewood Water Advisory Board recommending that sewer service be allowed for the above mentioned area: ''That a Sanitation District be formed within a reasonable time to be fixed by contract and provided suitable contracts can be arranged to clear the Town of Sheridan Ordinances and other problems. That 166 sewer taps be made available to the new district under a contract limiting the area of the district, providing for payment of outside city limits treatment rates and a .head tap fee, tbe &llOUDt of which is to be deterained within the next 30 days, the remainder of the con-,- tract to have terms aiailar to the terms of the contract with The Valley Sanita- tion District." Councilman Scott moved ) Rapp seconded) that the letters from The Valley Sanitation District and Glencoe Builders, Inc., be received and that the petitioners be required to submit documents referred to and in accordance with the terms specified in the communication froa The Englewood Water Advisory Board under date -of March '3, 1957. AYBS: NAYS: ABSDT: Braun, llcLellan, Parker, Rapp and Scott. Hone. llcCabe, .Robbins and Purcell • • • • •• • • • • City llanager Rudd, reportiDf on the status of the ne1otiated Nevada Ditch shares, stated that, to date, there bas been 15i shares purchased leaving 2i shares yet to be purchased at the contract price of $2,000.00 per share. There will be 5 more shares available for pur- chase at an agreed price of $4,500.00 per share. • • • • • • • • The following communication from The Englewood Planning Commission was presented and read: "Due notice having been given and property properly posted, a bearing was held with four property owners being beard. Three spole in favor of the proposed zoning change and one spoke in opposition. (The proposed change is from R-i-D zone to R-3 zone.) Under provisions of Article 3 of The Zoning Ordinance, the Planning Co11111lission reco•- aends approval of a change, in whole, of the south 100 feet of Blocks 1 and 2, Westview Addition and the east one-half (1/2) of now vacated Block 8, Westview Addition, Englewood, Arapahoe County, Colorado, from R-1-D zone district to R-3 zone district." After discussion, Councilaan Rapp moved ) AYES: NAYS: ABSElfl': Braun seconded) that the recommendations of The Englewood Planning Collllis- sion be accepted, that the property be posted and a bearing be advertised to be held Monday, llay 6th, 1957, -t 8:00 P.11. Braun, McLellan, Parker, Rapp and Scott. None. llcCabe, Robbins and Purcell. • • • • • • • • I The final plat of Luna's Subdivision, a subdivision in the NWt of the swt, Section 34, I T. 4 S., R. 68 W., the West side of the 3200 Block South Galapago between West Eastll&D Aven- ue and West Floyd Avenue, was presented, together with a co11111lunication from The Englewood Planning Co..U.a81on recommending it's approval. Councilman Braun moved ) Rapp seconded) that the plat of Luna's Subdivision be approved as preaented and that the Mayor, City Attorney and Clerk be authorized to sign with same being duly recorded in the office of the County Clerk and Recorder. AYES: Braun, llcLellan, Parker, Rapp and Scott. NAYS: None. ABIDI': llcCabe, Robbins and Purcell. • • • • • • • • I I A petition signed by seventeen property owners along both sides of the 2900 and 3200 Block• South <>eden and South Corona was presented, asking that preventative measures be taken to iaprove the atora drainage facilities in their vicinity and stating that if such aeaaurea are not taken, a possible lawsuit might be brought against the City and all re- spoaaible individuals in the City government, for damages incurred in the flood area. Tb• signers are as follows: Rayaond A. Billburg ~· -----------2970 South Ogden Bdward Lind ----------------2980 South Ogden Dwayne B. Davenport ------------2996 South Ogden Ray Clark -----------------2954 South Ogden Sabin C. Percefull ------------2952 South Ogden Beraan B. Jackson -------------2997 South Corona Theodore C. Schneider -----------3001 South Corona Charles F. Baines -------------2960 South Ogden Lucille Blanchard -------------2989 South Corona Clara Bailey ---------. ------2979 South Corona Richard A. Risley -------------2929 South Ogden Wm. s. Baumann --------------3025 South Corona John E. Fischer --------------3055 South Corona Harvey H. Joffer -------------3011 South Corona Richard P. Seabaugh ------------2995 South Ogden J. L. Beer ----------------2919 South Ogden Harold A. Huffer -------------2975 South Ogden A letter fro• llr. Raymond A. Billburg, 2970 South Ogden Street, was also presented and read at this tiae. The letter states that the existing storm sewer runs inside the Bast pro- perty line of the property at 2970 South Ogden Street next to the alley .which sewer line is purported to have been installed without the authority of the owner. The letter asked that the City move the storm sewer line out into the alley or purchase the property. llr. Billburg was recognized and spoke in favor of the City coastructing a portion of the heretofore propoaed City-wide storm sewer, construction to be in the above mentioned general area. llr. Billburg stated that building permits have been issued recently for sites which are in a natural drain course. A discussion by Councilmen brought out again that the City is not presently and will not be in a position to proceed with any storm sewer construction until such time that it is · auth- orized by a vote of the people of the City of Englewood. Councilaan Braun moved ) Scott seconded) that the petition and letter be received and that the City Manager be instructed to investigate the various points of complaint brought up relative to existing facilities, and report on April 15th if possible. AYBS: RAYS: ABSBJrl': Braun, llcLelJ&D, Parker, Rapp and Scott. None. llcCabe, Robbins and Purcell. • • • • • • • • The following Ordinance was presented and read in full: ORDINANCE HO. 11, SERIES OF 1957 Alf ORDIHAlfCE DBCLARIHG TBB ABAMDOHBD PORTION OF STATE HIGHWAY HO. 70 WITHIN TBB CITY C:. BELDOOD, COLORADO, TO BE NJK:BSSARY AS A STREET OF THE SAID CITY, AID ADOPl'ING, DEDICATING, A1ID DBSIGNATIHG TBB SAllB AS A PUBLIC STREET OF THE SAID CITY, PURSUAMT TO TBB PROVISIONS OF CllAPl'BR 120, ARTICLB 13, SBCTION 6, COLORADO REVISED STATUTES OF 1953, AS AllBHDBD ARD SUP- pI.mMTBD. Councilman Rapp 11e>ved ) that Ordinance No. , Series of 19 , just read be OBDl1fAll:B llO. 11 AYBS: NAYS: ABSBlft': KcLellan seconded) introduced and passed on second readi'iii as Ordinance Ho. 11, Series of 1957, and ordered published in The Engle- wood Herald and Enterprise. Braun, KcLellan, Parker, Rapp and Scott. None. llcCabe, Robbins and Purcell. • • • • • • • • The following Resolution, as proposed by M. o. Shivers, Jr., Special Water Counsel, waa conaidered: RESOLUTION WllBRBAS the existing law concerning the organization of Water Conservancy Districts contains provisions which, arbitrarily and without any legal or other sound basis, discrimin- ate between cities and towns of the State of Colorado, aD4, WBBRKAS such discriainatory features permit activity which may be detrimental and dam- asing to towna or cities under 25,000 in population by the last, or 1950, United States cen- aua, and, WJllRBAS the General Assembly, recognizing the existence of such unwarranted discriain- ation and the inequities resultant therefrom, passed and adopted Bouse Bill 243 as Amended, which will provide all towns, cities and cities and counties within the State equal pro- tection of law. _,. TllDD'OU, BB IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, l. THAT Bouse Bill 243 as Amended, passed and adopted by the General Assembly is a neceaaary law and in the public interest, to establish equal protection of law for all in- corporated llWlicipalities. 2. THAT the administration of the City of Englewood finds and determines that the proviaiona of aaid Bouse Bill are essential for the protection of said ~City and all of its citizens, aa well as other communities within tbe State and their citi•ens. 3. THAT the Honorable Stephen L. R. McNichols, Governor of the State of Colorado is respectfully, and urgently, requested to act favorably upon said Bouse Bill, in order that the a&11e may beCo .. law and eliminate existing discrimination and inequity. 4. THAT a copy of this Resolution be published in order t~at the tax paying citizens of the co11m1nity may be fully advised of this formal request by their duly elected represent-1. atives, aade in their behalf. . Passed and adopted by unanimous vote of the City Council of the City of Englewood this lat day of April, A.D., 1957. (Signed) Richard J. Purcell Mayor Councilll&D llcLellan moved ) Rapp seconded ) that the above Resolution be passed and adopted and that a certified copy of same be sent to the Governor of The State of Colorado, by tbe Mayor. AYBS: NAYS: ABSBlfT: Braun, llcLellan, Parker, Rapp and Scott. None. McCabe, Robbins and Purcell. • • • • • • • • Mr •. Shivers stated that be felt that letters of appreciation should be written, over the si111ature of the Mayor, and forwarded to the following State Le&jslators commending their efforts on Bouse Bill 243: Senator Neal D. Bishop Senator David J. Clarke Senator Vernon A. Cheever Senator James W. Mowbray Senator Charles T. Porter Councilman Braun moved ) Rep. Richard L. Banta Rep. Peter H. Dominick Rep. Rockard E. Finley Rep. Frederic T. McLaughlin Rep. Arthur K. Wyatt McLellan seconded) that the above mentioned letters of appreciation be written. AYBS: NAYS: ABSEMT: Braun, McLellan, Parker, Rapp and Scott. None. McCabe, Robbins and Purcell. • • • • • • • • The following Bill for an Ordinance was presented and read in full: A BILL FOR AN ORDINAllCB AllBNDING ORDINANCE NO. 1, SERIES OF 1937, ENTITLED "AN ORDINANCE RBGULATIHG THE USE OP AND TRAFFIC UPON THE PUBLIC STREETS AND HIGHWAYS OF THE CITY OF EHGLBWOOD, PRO- VIDIJfG PDALTIBS FOR VIOLATIONS AND REPEALING ORDINANCE NO. 3, SIRIBS OF 1920, ARD ALL OTlllR ORDIHAJl:BS OR PARTS OF ORDINANCES IN CONFLICT HEREWITH", BY ADDilfG TRIRBTO A DD'IBITIOH OF SPBCIAL BQUIPllBNT, AND A ND SECTION 25 (e), LIMITING THE STOPPilfG, STANDING, PARKIBG OR I LOADING OP CERTAIN TYPBS OF VEHICLES ON THE STREETS OR HIGHWAYS' ALLBYS OR OTHER SUCH WAYS I WITHIN TRB CITY OF BHGLEWOOD, AND REPEALING ALL ORDINANCES AND .PARTS OF ORDIHANCBS IB CON- FLICT HKRDITB. BB IT ORDAIKBD ·ey THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. That Article l, Section 1, of Ordinance No. 1, Series of 1937, be and the S&ll8 hereby la amended by adding thereto: Definition: Special Mobile E~ui~ment. Special mobile equipment shall consist of vehicles, self-propelled or otherwlse,es gned primarily for operation or use on or off the streets and highway• and only incidentally .used or moved on such streets and highways. This definition shall include by way of example and not by limitation, snow plows, road construct- ion or ... intenance equipment, ditch digging or excavating apparatua~ well drilling or boring equipment, fire figbting equipaent, and vehicles designed to transpc>rt equipment, and ve- hicles uaed in connection with or the repair and maintenance of construction eqµipment~ tem- porarily or per11&11ently 110unted on such vehicles, provided such equipment is transported froa yard to job, job to job, or job to yard, and equipment primarily designed for hoisting, lifting, 110ving, loading, or digging operations. The foregoing definition is partial, and shall not exclude other vehicles of unusual design, size, or shape that are designed priaarily for purposes other than transporting .. rchandise or passengers. Section 2. That Article VI, of Ordinance No. 1, Series of 1937, be and the same hereby is ... naea by adding the following thereto: Section 25 (e). Sto,ping standing, or 'arking limited for certain ty~s of vehiclea. (1) It shall be un awfui for the opera or or owner of an automobile ~anaport trailer, moving van, transit-mix concrete truck, trailer, semi-trailer, or truck with 11&11u- facturer'• rated capacity in excess of one and one-half tons, or special mobile equipment to atop, stand, or park such vehicle, or to cause such vehicle to be stopped, stood, or parked, for a period in excess of four hours at any time except when such vehicle is being expeditiously loaded or .unloaded, or such special mobile equipment is being used to per- fora the special operations for which it was designed, on any street or highway, alley or other public way within the city limits of the City of Englewood, Colorado. (2) Tank trucka, tank trailers or tank semi-trailers shall not park upon the streets, alleys, public I I or private placea of the City of Englewood, except when entirely eapty, and then only for a period of not exceeding one hour. No tanks of such vehicles shall be repaired except when completely eapty from inflaaaable liquids and only after being thoroughly steamed or waahed to remove all explosive vapors. lfo tank trucks, tank trailers or tank semi-trailers used for ·transportation of liqui- fiecl petr9:J,eua, 9r 1u, wletber :J,Qacled Qr e~ty, aJ)a~:J. be parled 9r ~~•d to remain upon the streets, alleys, or other public property, or upon any private prope~iJ within the City liaits of the City of Englewood except when actually engaged in filling storage tanks, or while under repair•. Ko tank truck, tank trailer, tank semi-trailer or tank cars so used shall take on or diachar1e its load at any point within the limits of the City of Englewood between the hours of 9:00 P.11. of one day and 5:00 A.M. of the following day, includin1 Sundays and holidays. Section 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4. The City Council hereby finds, determines and declares that this or- dinance ia necessary for the immediate preservation of public peace, safety, health and con- venience. Section 5. In the opinion of the City Council an emergency exists; therefore, this ordinance abaii take effect and be in force from and after its final.pasaage and pub- lication. Paaaed on Firat Reading by the City Council of the City of Englewood, Colorado, this lat clay of April, A.D. 1957, and ordered published in the Englewood Herald and Enterprise. ATl'BST: Kayor ~yC1.erk Councilaan Braun moved ) McLellan seconded) that the Bill just read be approved on first reading and ordered published in The Englewood Herald and Enterprise. AYBS: KAYS: ABSDT: Braun, McLellan, Parker, Rapp and Scott. Mone. McCabe, Robbins and Purcell. • • • • • • • • llayor Purcell entered and took the Chair at this time. • • • • • • • • Tbe following Bill for an Ordinance was presented and read in full: A BILL FOR All ORDIKAJICB AllDDIJfG SBCTION 3 OF ORDINANCE NO. 13, SERIES OF 1956, EMTITLED "AN OR- DillAll::B llBGULATIJIG TRAFFIC AMI> PRGVIDING FOR PARKING SPACE AND TIME LIMITATIOMS OM STREETS WITBIR TBI CITY or BlfGLDOOD, COLORADO" TO PROVIDE THAT THBRE SHALL BB MO PARKIKG OM TBB UST SIDI or SOUTH ACOllA STRllT rROll WBST GIRARD AVllUB TO IBST IWIPDIM AVDUB, UITIL SAID STB&ST IS WID&JIKD TO 44 FBBT, AND RBPBALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CON- FLICT RQDITB. . U IT ORDAIMBD BY THE CITY COUMCIL OF THB CITY OF ENGLEWOOD, COLORADO: Section 1. Section 3 of Ordinance Mo. 13, Series of 1956, is hereby amended by adding thereto subiection (f), which shall read as follows: "(f) The east side of South Acoma Street from West Girard Avenue to West Baapden Avenue until said South Acoma Street shall have been widened to 44 feet." Section 2. All ordinances and parts of ordinances in conflict are hereby repealed. Section 3. The City Council hereby finds, determines and declares this ordinance is neceaaary for the iamediate preservation of the public peace, health, safety and convenience. Section 4. In the opinion of the City Council an emergency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and publica- tion. Passed on First Reading by the City Council of the City of Englewood, Colorado, this lat clay of April, A.D. 1957, and ordered published in the Englewood Herald and Enterprise. &rrm: 118.yor City Clerk Councilman Parker 110ved ) Rapp seconded) that the Bill just read be approved on first reading and ordered published in The Englewood Herald and Enterprise. AYES: MAYS: Braun, McLellan, Parker, Purcell, Rapp and Scott. Mone. ABSBJn": llcCabe and Robbins. • • • • • • • • The foliowing Resolution was presented and read in full: RESOLUTIOll WllBRBAS, The City of Englewood, Colorado, is the owner of the following described property: Be1inning at a point on tbe llortb line of East Cornell Avenue, such point being 30 feet East of the Southeast corner of Lot 3 in Wri1bt's Addition; running thence llortb, parallel to the East line of said Wri1bt's Addition, a distance of 150 feet; running thence East, a distance of 20 feet; runnin1 thence South, parallel to the East line of said Wright's Addition, a diatance of 150 feet, to the llortb line of East Cornell Avenue; runnin1 thence West, a distance of 20 feet to the point of beginning; and WllBRBAS, South Pennaylvania Street is a public highway within the said City, and a part of the said property could be .used to widen said street for the 1reater benefit and convenience of the citizens of the City of Englewood, and the public in general. MOW, THBRBFORB, BB IT RESOLVED By the City Council of the City of En1lewood, Colorado, this lat day of April, A.D. 1957, that the City of Englewood, Colorado, grant and convey a ri1bt-Qf-way of the hereinabove described property for tbe use and benefit of the public . I within said City, to be known as South Pennsylvania Street, and that the llayor and City I Clerk be and hereby are authorized and directed to execute the proper instruaent of dedi- cation therefor on behalf of the City. After discuasion, Council11&11 Rapp 110ved ) AYES: MAYS: ABSB1'1': Scott aeconded) that the above Resolution just read be approved and adopted. Parker, Purcell, Rapp and Scott. Braun and McLellan. llcCabe and Robbina. • • • • • • • • City Attorney Beeb, reportin1 on the status of the conde1111ation proceedin1• of the properties located on the Bast aide of the 3700 Block South Lo1an Street stated that the propertJ of J. Lorensano at 3700 Soutb Logan bad been appraised at $31,000.00 and that a settle .. nt could now be aade, wltbcwt further action, for $35,000.00. It is understood that The Bn1lewood Public Schools are to participate by paying one-half of the total cost. Councilll&D Rapp 110ved ) AYBS: MAYS: ABSBIT: Braun seconded) tbat The City Attorney be autborized to make settleaeat with J. Lorenzano on the basis of $35,000.00 total co~t, with school district participation. Braun, McLellan, Parker, Purcell, Rapp and Scott. Mone. llcCabe and Robbins. • • • • • • • • City Attorney Bach, reportin1 further on the conde1111ation proceedings, stated tbat be would su11eat tbat authority be given to offer an a110unt for eacb of tbe re11&ining two pro- perties baaed on the aaae percentage of increase over the appraised amount as that just authorized for aettle .. nt on the Lorenzano property, the accumulated fisures as abown below: J. Lorenzano, 3700 South Lo1an Street I. Clar, 3740 Soutb Lo1an Street Appraised Allount ss1,ooo.oo 12,900.00 7,100.00 Su11eated Off er sas,000.00 • 14,345.00 7,895.00 Bettie L. Broaiua, 3750 South Logan Street • -Authorized in action next above. Councilaan McLellan 110ved ) Parker seconded) Totals ,51,000.00 ,D7,:Z40.00 that the City Attorney be authorized to offer amounts for settle .. nt for the two .propertiea, otber than Lorea .. ao'a, on tbe basis of saae percentase increase over tbe appraised value as previously authorized for the aettle .. nt for tb9 Lorenzano property, or a total &110unt of $57,240.00, it being understood that The Bn1lewood Public Scboola are to participate by paying one-half of tbe total coat. AYBS: MAYS: Braun, llcLellan, Parker, Purcell, Rapp and Scott. Mone. ABSEMT: llcCabe and Robbina. • • • • • • • • I I Tbe City Attorney, at this ti .. , stated that be would like to apply for a short leave of abaence for tbe purpose of a vacation to be taken in June. It was deterained that tbe duties of Tbe City Attorney would be assumed by the Assistant City Attorney durin1 tbe at.ence of llr. Bach. • • • • • • • • Adlliniatrative Aasistant, llr. Lacy, presented a report on tbe status of petitions for inclusion in Pavin1 District Ho. 7. llr. Lacy pointed out that petitions, Huabers 1 tbrou1b 36 would all apparently qualify for inclusion and that petition Ho. 37 bad been dropped be- cauae of ille1al handling. The City cost, on the basis of 36 petitions covering 53 blocks will approaimate $70,346.00. Following llr. Lacy's report, the City Manager presented a tentative or possible plan for readjuataent of the 1957 bud1et so as to provide additional funds for City participation in Pavin1 District Ho. 7. The report analyzed the probability of aiacellaneoua revenue collect- ions and also indicated additional revenues by virtue of sale of the old City duap grounds and the benefits of tbe State Highway repayment arrangements. Councilaan Rapp 110ved ) AYBS: HAYS: ABSBJrl': Parker seconded) that consideration of these reports be deferred until later in the session. Braun, llcLellan, Parker, Purcell, Rapp and Scott. Hone. McCabe and Robbins. • • • • • • • • City llanaser Rudd reported that, after careful study, it bas been determined that a traffic sianal li1bt abould be installed at South Broadway and Mansfield Avenue. llr. Rudd •us1ested that the type of signal to be installed should be one ~bicb is controlled by the traffic voluae on either street. The cost of such an installation would be about $1,600.00. Councilaan Rapp 110ved ) AYES: HAYS: ABSENT: llcLellan seconded) that the expenditure of $1,600.00 be approved for the installation of a signal li1bt at South Broadway and Mans- field Avenue. Braun, McLellan, Parker, Purcell, Rapp and Scott. Hone. McCabe and Robbins. • • • • • • • • City Manager Rudd brou1bt out, at this time, the need for a rule or regulation in the coaputation of water and sewer tap fees for large or irre,ular tracts. Councilman Parker moved ) AYES: HAYS: ABSDT: McLellan seconded) that the matter be referred to the Water Advisory Board for study and recomaaendationa to Council and that tbe Administrative be directed to handle such matters tem- porarily until definite rates are established. Braun, McLell111, Parker, Purcell, Rapp and Scott. Hone. McCabe and Robbins. • • • • • • • • City Manager Rudd stated that Council action was necessary for approval of location of benches, at various bus stops within the City, as proposed by :tbe Empire Bench Advertising Coapany. Mr. Rudd presented a map which indicated the suggested sites for the benches and stated that be bad visited each site personally. Councilaan McLellan 11aved ) Rapp seconded ) that the sites shown on the map prepared by Mr. Rudd, for location of benches, be approved and that the Bapire Bench Company be so informed by the City Manager with the condi- tion that any complaints fro• local residents will be ad- justed by the bench company at once. AYES: HAYS: Braun , llcLellan, Parker, Purcell, Rapp and Scott. Hone. ABSBllT: McCabe and Robbins. • • • * * • • • City llanaaer Rudd reported that the matter of settlement or comproaising of a paving diatrict aaseaaaent wbicb bad been contested at the time of the asseasment bearing bas been discuased with the coaplainants. Mr. Rudd presented a tentative plan whereby tbe City would take title to the area within a natural drain course at a consideration of .approxi ... tely $250.00 and would also aasuae the paving assessment for that area. This par~icular area :Is located within tbe natural drain course immediately Horth of West Stanford Avenue and extends fro• South Galapaao Street to South Huron Street on land now owned by llr. Davolt. The Council, without action, indicated approval of the ganeral plan if it is acceptable to the coaplainants. • • • • • • • • The aatter of bud1et readjustment for the purpose of providing additional funds for City participation in the 1957 District Paving Program was again brought up for discussion. During the discussion, llrs. •linor Lewis of 2909 South Corona Street was recognized and stated that she felt that Paving Petition No. 23, which cover• South Corona Street froa Baat Bates Avenue to Baat Dartmouth Avenue and East Bates Avenue from sou•b Ogden Street to South Downing Street, should be dropped because it involves a flood area. llr. Lacy advised that the area bas been studied by the City Engineering Department and it baa been deterained that the flood conditions are not serious enough to eliainate the area fro• the paving prograa. After so .. f\arther discussion, Councilaan Scott moved ) Braun seconded) that the plan of budget readjustment, aa presented by the City Manager !>e approved so as to provide additional funds for City participation in the 1957 .District Paving program and that the appropriate steps be taken to allow foraatioD of Paving District No. 7 to include petitions 1 to 36, in- clusive, a total of 53 blocks. AYBS: MAYS: Braun, llcLellan, Parker, Purcell, Rapp and Scott. Mone. ABSBtn': McCabe and Robbins. • • • • • • • • A letter was presented and read from Marvin w. Foote, Cbail"a&ljl, Teaporary Citizens' co .. ittee on Ho .. Rule, together with an appendix of recommendations. Councilaan Rapp moved ) llcLellan seconded) that the letter and the appendix thereto be received, that a letter of commendation be sent to the Chairman of the Committee and that the Council endorses the proposed action set forth and reapectfully .requeets that this group accept the function of instituting such action with all possible expediency. Councilaan Scott moved ) No second ) that the original motion be aaended to receive the letter and appendix and letter of commendation be fo~ded to the Chairman of the Committee. Councilman Scott moved ) Mo second ) that the original motion be amended to table &DJ further action on the matter until the next session of tbe Council •. Tbe Mayor called for a vote on the original motion: AYBS: MAYS: Braun, McLellan, Parker, Purcell, Rapp and Scott. Hone. ABSBMT: llcCabe and Robbins. • • • • • • • • Mayor Purcell s-tated that be bad been contacted as to the feeling of tbe Bnslewood City Council regarding tbe establiabaent of daylight saving time in tbe City of Denver. An infor .. l poll reflected that Council is favorable. • • • • • • • • Councilman Braun brought up the matter of a proposed community swimming 1>9<>1 in tbe Arapahoe Acres develop.ant and read various items of the protective covenants wbicb run with tbe titl .. to tbe properties in that area which covenants reflect that such a use would not be allowed in tbe area. The City Attorney stated that it was his opinion that the City bad no direct control of enforce .. nt of such protective covenants. Councilaan Braun moved ) Parker seconded) -that the request for permit for installation of tbe swimming pool be denied and that the petitioners be ad. · vised that this action is taken as a result of tbe beretofore mentioned protective covenants. It was pointed out that the petitioners were not present and action should be de- ferred until the next session so that the petitioners may be present for discussion be- fore action is taken. Councilaan Parker withdrew the second and Councilman Braun withdrew the motion ·in favor of tbe deferraent. • • • • • • • • The following approved bills were presented for payment: General .Fund totaling Water Pund totaling Sewase Disposal Plant Fund totaling Sewer Districts Fund totaling Paving District Ho. 6 totaling $67,584.09 19,296.79 2,699.25 528.68 1,181.68 Councilaan Rapp moved ) McLellan seconded) that the above claims be approved for pa,.ent. I I I I AYB8: RAYS: ABSBlft': Braun, llcLellan, Parker, Purcell, Rapp and Scott. Rone. llcCabe and Robbins. • • • • • • • * An agree .. nt, drawn between the City of Englewood and Leon DuCharme, Asent for Land- owner• in the Scenic View area, concerning wa.ter and sewer service to the area by the City of Bnalewood, was preaented for conaideration. A collllWlication fro• the Water Advisory Board was presented which reco .. ended that if Council cleterain .. to conatruct water or sewer lines outside the City at City expense, that it be done under an individual service contract to assure that the line is not affected with a public purpo•• and that the City is not offering water service to an outside area as a public utility. The asree .. nt provides that if the area does not annex to the City bf Englewood, a water and sanitation district will be formed and service will be rendered under a Distribu- tor'• Contract and a Connector's Agreement. Councilaan Parker 90ved ) Braun seconded) that the agreement be approved and the City Manager auth- orized to sign same. AYBS: DYS: ABSDT: Braun, llcLellan, Parker, Purcell, Rapp and Scott. Mone. llcCabe and Robbins. • * • * • • • • Councilaan Braun 110ved ) AYBS: RAYS: ABSDT: KcLellan seconded) to adjourn. Braun, McLellan, Parker, Purcell, Rapp and Scott. Rone. llcCabe and Robbins. * * • • • • • • The ainutes of the meeting of the City Council of the City of Englewood, Colorado, held this lat day of April, A.D. 1957, stand approved as written this 6th day of llay, A. D. 1957. ll&yor &TTDT: