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HomeMy WebLinkAbout1956-03-05 (Regular) Meeting MinutesREGULAR MEETING OF 'TIIE CITY COUNCIL OF THI CITY OF ENGLEWOOD, CO LORA DO, HELD MONDAY rnE 5th DAY OF MARCH, A. D. 19.56. Mayor Purcell called the •eting to order and asked for Roll Call. ~m.T1 Braun, McCabe, Mclellan, Nies, Par ker, Purcell, Scott and Woods• ABSENT1 Rapp. ** ReYerend Stowell Sandmeyer .of the En glewood Methodist Church gave the Invocation • ... CouncilJftan Braun, Moved) McCabe, Secorxied) That the Minu tes of t he rrevious meetings be approved as written. AYES1 Braun, McCabe, Mc~ll.an, Nies, Parker, Purcell, Scott and Woods. NllSs None. ABSEMT: Rapp. ** coancu.n Rapp entered aNI vas seated with the Council. ** Mr. Richard C&tron asked the Council for permission to place benches at the bus stop•, the benches would carry advertising and t he City would be paid 5% of g ross receipts. CoancilMn Parker, Moved) Braun, Seccnied) To receive the propoul and refer it to the City Attorney for legality. AIESr Braun , McCabe , McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NilS1 Hone A.BSINT. Hone ** Mr. Richard L. Mark, owner of the building site at Broadway and w. Girard stated he wanted to get a bui.lding permit and has leased p arking space from Shoppine; Centers Incorpora ted1 in order to becane eligible urxler the new zoning code, but elgibili ~ would have to be determined by the Council. Councilman Braun, Moved) Woods, Seconded) That Mr. hark be given a building pennit if the sub-lease was approved by the City Attorney. AYBS1 Braun, McCabe , McLellsn, Nies, Purcell, Scott and Woods. DYS r ParkBr and Happ. ABSENTt None. *"** Mr. Fred c. U1rich1 Bonde buye r vi th Peters, Writer and Christensen, Inc. and also representing Boettcher and Cmpal\J', Bosworth, Sullivan and Campany and the Coughlin and Ccmpal\Y, stated they wre p-epared to purchase the $150 1 000.00 water extension bonds, being sold by the City or Engle- 1llOOd. ,ooo. sso,ooo. 17S,ooo. turity 1977 • 1978 1979 Interest rate 3.10 " 3.15 " 3.20 and p-eaented the resolution authorizing the same. RF.SOWTION ~, Ordinance Ho. 15, Series of 195L, of the City of Englewood, Colorado, authorised the issuance or 11,000,000 or t he ne gotiable COU!JOn Water Extension Bonda or said Ci~ ; and WHEREAS, the Cit7 has heretofore issued $225,000 of the bonds so authorised, such bonds bearing date June 1 1 1954 and December 1, 1955J and WHEREAS, it is necessary for the City to issue 8150 1 000 of the bonds m> authorized tor the parpoaea specified in said Ordinance No. l5J THBREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD IN THE CDUNTI OF ARAPAHOE , COLORADO r · Section 1. '!hat for 1he purpose of providing funds for supplying water and for extending and blprcn1.ng the Englewood Wa terworka System 1 the City shall is sue negotiable coupon bonds in the principal aount of llSo,ooo pqable in ls.wful money of t he United States or Amrica, consisting or lSO bonds in the dencaination or $1,000 each, numbered 626 to 775, inclusive, bearing interest p1.1able on the first dq or June and the first day of December each year, a evidenced by interest coupons to be attached to said bonds. Said bonds shall be dated December 1 1 and shall mature en Dec1 ber 1 1 as !ollowt Amount ,25,000 50,000 75,000 Maturity 1977 1978 1979 Interest Rate 3.10 J.15 3.20 I I I I Said bonds shall be redeemable at .he option of the City on December 1 1 1969 1 and on any interest pqaent date thereafter in imerae numerical order. Said bonds and the coupons to be attached thereto shall be pqable at the office or the City Clerk, ex-officio City Treasurer, in Engle wood, Colorado, shall be signed by t he Mayor of said City and attested and countersigned by the City Clerk, ex-officio City Treasurer, under the official s Aal or said City, and shall be recorded in a book to be kept by the ity Clerlt tor that purpose. All coupons sh all bear t h e f acsimile signature or the City Clerk, mc-of't'icio Cit7 Treasurer. ~eotion 2. Said bonds and the coupons to be attached thereto shall be in substantially the fora in aaid Ordinance Ho. lS, except that the date of the ·bonds: authorised by this Resolution shallm O.Omber-1 1 19SS, and the redeemable date thereof shall be December 1 1 1969 1 as hereinbetore prorided. Section lJ lhtn said bonds han been duly executed the City Clerk shall deliver the s8M to Petera, Writer and Chriatenaen, Inc. and associateda, of Denver, Colorado, on receipt of the agreed purchase price. Section 4. Tbe intere•t due on said bonds in the year 1956 shall be advanced tran the wter or al\T other tund an.ilabl.e there tor. For the purpose of reimbursing such fund and meting the intereat accruing on aid bonda propmptly and as the same becomes due, and for the purpose of providing for the ultimate paymnt al'Ki redemption of said bonds to be issued there shall be lnied on all the taxable property in aid City, in addition to all other taxes, direct annual taxes in each or the 19ars 1956 to 1978 1 inclusive, sut!icient to make such reimbursement and pay such interest and principal a the same becane due and payable, re11pective]3. Said taus, when collected, shall be deposited in a specia:L tund to be knOllll as "City of En glewood Water Extension Bond Fund, 1956• and such tu.nd shall be applied solely to the purpose or the payment of the interest on and principal or said bonds, and tor DO other purpose whatever until the indebtedness so contracted under the Ordinance, both principal and interest, shall have been fully paid, satisfied and discharged, but nothing herein contained shall be so construed as to prevent said City fran app~ any other tunda or revenues that may be in City Treasury and available for that purpose, to the payment ot said interest or principal, as the same respectively mature, 111d upon any such payments, the leV7 oir leTiea herein i:r ovided may the reupon to that extent be diminished. The sums herein provided to t the interest on said bonds and to discharge the principal therof when due, are hereby appropriated for that purpose, an d said amounts for each year shall also be included in the annual budget and the appropriation bills to be adopted and passed by the City Council of said City, in each 19ar, respectively. Section 5. It shall be the duty of the City Council of said Ci.ty, annually, at the time and in the manner p rorlded by law for le vying other City taxes, if such action shall be neoeaaar.r to etrectuattt the prori.aiona or t his Resolu tion, to ratify and carry out the provisions hereof w1 th 'reference to the l8¢ng and collection of taxe1JJ and said City shall levy, certify and collect such taxe• in the mer prOYided by ~ • for the ourpose of creating a fund for the payment of the principal of said bonds and ainterest theron, and such taxes-, when collected, shall be kept for and a ··plied only to the payment of the interest on and principal of said bonds, as hereinabOV'e specified. Section 6. After said bonds are issued, this Res olut ·on shall be and remain irrepealable until said bonda and t he in ~erest thereon shall have been fully paid, satisfied and discharged. Section 7. 'nlis Resolution, 1.Mmediately on its passage, shall be recorded in the Book of Resolutions ke pt for that purpose, authenticated by the signa t ures of the Mayor and Clerk. Section B. By reason of the !act that said improvements and extensions are imperative]3 needed in order that the City and its inhabitants may be properly and adequately supplied with water, it is hereby declared t hat an emergency exists, tha t the Resolution is necessary to the immediate preser- vation or the public pe a ce, health a nd safety, an d i t shall be in full force and effect immediately. ADC PTED AND APPROVED this 5th day of March, A. D. 1956. A'M'E.5T s J. L. Ba rron ci t y cie!'k Councilman Pa rke r, Moved) Richard J. Purcell Hay or Woods, Seconded) That said Resolu t i on, introduced and read in full at this meeting, be passed e.nrl a dopted as read. AYES1 Braun, McCabe, McLellan, Nies, t'arker, Purcell, Ra pp, Scott and Woods. NAIS1 None BSEN T : None. i f-:} • Gordon Hoeye representing a fact finding group from the Scenic View area on the possibility ot annexation to the City of En glewood, questions were asked and answered, then it was suggested that he prepare a plat and rr er;·~nt i t to t he Planning Canmission for further stud;y and recommendations. ~·~ Counc i l.JTian Scoff asked to be excused at t his time. ·~ ·. Mr. Long repesenting Mr. KcAull.y asked that Mr. McAul ly be allowed to construct a transmission tower in his yard a t L297 s. Sherman, his previous pennit given in 1951 or 1952 was tor tower extended from the roof or his house. 'lbe new tower would be s et in concrete base and would be about 78 feet high. Councilman Rapp , Moved) Woode, Seconded) '!hat Mr. McAu l l.y be allowed to build the tower. ilES1 Braun , McCabe, McLellan1 Nies , Parker, Purcell, Rapp and Woods. NAYS1 None ABS!N T 1 Scott. Petitions wre presented for paving on West Na ssau Way from s. Fox to s. Hi1ron Streets; and ori s. Elati Street f'ran w. -Stanford to w. Tufts Avenue. Councilman Braun , Moved} Nies, Seconded) To receive the petitions and refer them to the City Attorney. AYES: Braun , McCabe, Mclellan, Nie s, Parker, Purcell, Rapp and Woods. AYS 1 None ABSENT: Scott. ** CouncilJnan Scott entered an d was seated with the Council. •:t- carwrrunication fran Attorney vbn Bodan was read stating t hat Mr. Finer wanted to purchase a small triangular track of land east of Broadway and adjacen t to the Hampden Right or Way. Councilman Parker, Moved) Rapp, Seconded} A plat be prepared and oresented to the Council. AYES: Braun, McCabe , ?foLellan, Nies , Parker, Purcell, Rapp, Scoot and Woods. HAYS: None ABSENT: None ** A plat of Preston sub-division, "located at w. La y ton Street and Bell Isle Drive" approved by the planning cCllD!lission was presented for a p!1 r .oval. · Councilman Braun, Moved) oods 1 Seconded) 'Ihe plat be approved and accepted by the City. AYF.S: Braun, f1 cCabe, McLellan, Nies , Parker, Purcell, Rapp, Scott and woods. NAYS : None ABSENT : None . x_u .,. .... .< Attorney Bob Kelley renresenting Mr. Clark asked for anproval of a plat near E. Bates Avenue and s. &nerson Street which woul~ exclude lots 1 to 5 and lot 13, which was approved by the Planning Conniesion. Councilman Scott,Moved) Braun, Seconded) To approve and acce pt the new plat which would exclude lots 1 to 5 and 13. ~s Braun , McCabe , 1'l cLe llan, Ni es, Parker, Purcell, Rnpp, Scott and Woods. NAYSs None ABSENTs None *"* following Resolu ti.on wa s presented and r ead in full. RESOLUTION · ··mEAS, since it's very existence, the City of Englewood has ha d within it's borders and continuine in extenuation, as those borders have been changed or altered, certain natural drainage courses and/or c ha nnels, and, WH~S, no practical building re strictions have been he retofore imposed by the City Council of Englewood in respect to construction within the se draina ge areas, and, WHEREAS, new constru ction has so increased wi thin t he oast ten years that it has now encroached into these natural drainage courses and is continuing such encroactunent, and, WIEREAS, the City of En glewood, since November, 1955, has had it it's possession a "Proposed Drainage Plan" prepared by 1,;onsul ting En gineers Ripple and Howe, Inc., and, WHERLAS 1 this plan offers solutions to En g lewood'~ storm drainage problems. NCM, THEREFCRE, BE IT RESOLVED that to both insure the orderly growth and detelopnent of the City and it's quicker consideration of ways and me a ns to put into effect the aforementioned I I I I I I I •proposed Drainage Plan", no further construction be pennitted in or anlong any natural drainage courses within the city limits without City Council sanction where, in the opinion of the Englewood Planning Ccmniasion or the City Engineer, such cons t tuction would either contribute to fiood conditions along such c ourae or be subject itself to flood hazard by reason of such location. Councilman Scott, Moved) Braun, Seconded) To adopt t h e above Resolution. AIESt Braun, McCabe, 1'1cLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. HAYS: None A~T : None. ** The Color~do Central Power Canpany asked for an easement over and across City owned land on the south side of w. Union Ayenue and iJTlnediatley south of City Water intake station, for install.a tion of a high voltage line to the Glen L. Na rtin Plant. They propose a fee of $260.00. Councilman Braun, Moved) McCabe, Seconded) To pennit easement to the Colorado Central rover Compaey. 1!111 Braun, McCabe, McLellan, Nies, Parker, Purcell, Ra pp, Scott and Woods. IAJS' None ABSENT: None. ** Coun cilman Nies stated the Board of Education was willing to pay one-half the cost tor an appraisal of certain properties on s. Lo ga n Street if the City wished to have the a p praisal made. "This is in line with the project of widenine s. Logan Street between E. Jefferson and E. Kenyon Avenue." Councilman Ni es, Moved) Wood8 1 Seconded) The City pay one-half t he cost for the appraisal of certain property on S. Lo gan St. AYF.S: Braun, McCabe, l1i.c Lellan, Nies, .P arker, Purcell, Rapp, Scott and Woods. NAYS: None ABSENT: Mone. ·:1-* Councilllan Scott pntsented and there wa s r ead the followin~ Resolution. RESOLUT ION ~s, the City of En glewood, Colorado, contemplates issuing Street Improvement Bonds, and, WHEREAS, the bond buyers require a guare.ntee by the Mu rtl.cipali ties issuing the bonds or an Ulount equal to 20% of the issues sold to be eannarked to take care of deliquent pa)'l'l8nta. Now, 'IHmEFmE, B E I T RES OLVED by the Cicy Gouncil of the City or Englewood, Colorado, thia 5th day of March, A. D. 1956, that an amount of the budgeted street fund equal to 20% of the estilllated n.lue of pa'Ying petitions ir eeented to 1he Council by April 1 1 1956, be earmarked and set aside speci- tically for the purpose or underwriting the paving projects accepted to that date. Councilman Scott, Moved) Braun, Seconded) That the above resolution presented and read in full be passed and adopted. AYES: Braun , McCabe, McLella.n 1 Nies, Parker, Purcell, Ra pp, Scott and Woods. NAYS: None ABSENT : None• ** Councilman Braun, Moved) Rapp, ii>econded) That nominations be accepted for one member to the Water Boa.rd. A~: Braun, McCabe, Mc.t.llan, Nies 1 Parker, Purcell, Re pp, Scott and Woods. NAYS: None ABSENT: None. Richard L • ..,a nta and Jack C. Robbins were selected and nomina t ions were closed and upon vote. Richard L. rlanta was selected to serve on the Board. ** There •s presented and read in full Ordinance No. , Series of 19 1 AN CRDINANCE AU'!HORiznrn niE EXCHANGE OF PA RTS OF LOTS 26 and 271 Block 1 1 Hl'ggrns En glewood Gardens, Arapahoe Count7, Colo- rado, Ollned b7 the City of Eng lewood, for a part of Lots 28 and 29, Block 1, Higgins Englewood Gardens, Arapahoe Connt7, Colorado, For highway right-of-way purposes, and authorizing the Mayor and Cit7 . Clerk to excute a deed therefor-. . Councilman Parker, Moved) Braun, Seconded) . . That Ordinance No. 1 Series of 19 1 just read be introduced and ~ssed on second""reading as Ordinance No. 5, Series of 1956, and ordered pu blished inthe En gl ewood Press. AYES: Braun, McCabe, NcLell.an, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None ABSENTS None. ** City 4 ttorney stated the paving petiti..on for Ogden street between Bates and Dartmouth Avenuea was not canplete. Councilman Rapp, Moved) Parker, Seconded) That the petition be returned to the City Manager. il!Ss Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. HAYS: None ABSENT s None• ** There was presented and read in full an assignment of the Jack Janowi tz lease on the Atchinson Ranch to the Glen L. Martin Canpany. Councilman Rapp, Moved) Parker, Seconded) That the assignnent of the Jack Janowits lease on the Atchinson Ranch to the Glen L. Martin Company be approved and the Mayor and City Clerk be authorized to sign. AYF.S: Braun, McCabe, Mclellan, Nies, Parker, Purcell, Ra.pp, Scott and Woods. NAYS: None. ABSENT: None. ** City Manager stated Jefferson County wished to rerwte Highway 75 and the Platte Canyon Ditch and requested a quit claim deed. Councilman Braun, Moved) Scott, Seconded) That a letter of approval be written and the quit claim deed would be prepared when correct legal descriptions were avail.able. (copy of letters· are in Clerk's file.) AYE.5s Braun, McCabe, McLellan; Nies, Parker, Purcell, Rapp, Scott and Woods. NAYSs Hone ABSENTs None ** The following resolution was presented and read in full. RESOLUTION WHEREAS, the City of En g lewood, ~olorRdo, is now included with .. the boundaries of the proposed . Blue River South PJ.atte Connrancy District; and, WHEREAS, it is th e opinion of the City Council of the City of Englewood that there is very 1ittle prospect of any benefit accruing to the citizens of the City of Englewood or the municipality fran inclusion in said District) and, WIEREAS, the citisens of the City of Englewood will be subject to the taxation of said District, if the City is included within the boundaries thereof. HOW, THEREFORE, BE :IT RESOLVED b7 the City ~ouncil of the City of EnglP.wood 1 Colorado, this .5th day of March, a.. D. 1956, that the City of Engl-wood opposes its inclusion within the proposed Blue Rinr S°'1th Platte Conservll?lcy District, and that the said District shall be notified by the Mayor that the City requests that it be excluded from said District. BE IT FURTHER RESOLVED that the City Attorney and Water Board Attorney are authorized and directed to take such steps as they may deem necessary in coopera t ion with other persons and municipalities: to oppose the inclusion or the City within the said Districtr and if necessary to oppose the formation and inetituion of t he said District by petition, law suits, or otherwise, and to expend such SUMS as may be necessary therefor, not to exceed $J500e00e BE IT FURTHER ~OLVED that any and all ar.tion of the Council of the City or Englewood and the officers and employees ot the City in conformity with this resolution prior to the passage thereof is hereby approved, ratified, and confirmed. Councilman Parker, Moved) Br aun, Seconded) That the above resolution be accepted and adopted. AIES: Braun, McCabe, McLellan1 Nies, Parker, Purcell, Rapp, Scott and Woods. HAYS: None ABSENTs None. ** Approved bills were presented for payment as follows: General Fund :ater Fund Disposal Plant Fund Sewer District Fund Grand total all Funds: ~JL,371.32 bB,602.u.5 2,227.69 47.15 185,248.61 I I I I I I I Councilan Rapp, Moved) Nies, Seconded) The a noroved claims be paid. AYES: Braun, McCabe, MeLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None ABSENT1 None• ** There being no further busine s s to cane before the Council. Councilman Braun, Moved) Mc~ellan, Seconded) To adjourn. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSENT: None. ** 'lbe Minute• of the Meeting of the City Counci~~!:2:. e.City of En glewood, Colorado, held this 5th day of March, A. D. 1956, s tand a pp roved as i'l'A _ this 2nd day of April. ATTF.sT: ~ef:-~7 ~ M'.tt~ Ray or ,.. "'•