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HomeMy WebLinkAbout1956-04-02 (Regular) Meeting MinutesRE GULAR r~r.:E 'f T tJIJ OF THE CI TY CO UN CIL ITY < F EUG Lm•iOOD, COL ORADO, HELD MON DAY THE 2N D DAY OF APR IL A. D. 1956. Mayo r Pu rcell c alled the mee t ing to orde r and a s ked fo r roll call. Present: Br aun , ~1cCabe , r.fc Lellan, Ni e s, .t a rke r, Purcell, Rapp, Scott, Woods None Ab s ent : 'levere nd Orvill e Reeg of th r a ce Luthe r an Chur c h gave the I nvocation. Counc ilman Ra pp moved , Aye s: Nays : Br aun s e c o nded ; To app r ov e t he Mi nutes of Ma rch 5th and 19th as written Braun, McC abe , ~cLel lan, Ni es, Pa rke r, Pu rcell, Rapp, Scott and Woods None letter was presente d and r ea d from the Plaza Company ; whic h letter is an application for ·a ~ter Distr ibutors Cont r act fo r ~pp roximate ly 75i acre s i n Gr e enwood Village. Councilmen McCabe moved clellan seco nde u ; That t.L e a nplic a ti on be r e ferre d t o the Water Board for report on f ea sibility and i nte r grat i on. Aye s: Nays : Br au n, McCabe , NcLellan , Nie s, Parker, Pu rcell, Rapp, Scott and Woods None A l'em ur a ndum was received f rcm t ho Planning Conmrl.ssi on r e c ommending that the alley between South Br oadway and So'Clth Linc oln Street f r om Eas t Jeffe r son Aven ue to East Kenyon Avenue be vacated with t ne usu;i l conditions . Councilman Rapp mov e d , Br aun secon ded ; To a c cept the Planni ng Commissions recommendations and that the City Attorney be di r ected t o p r epare the bi ll for a n Or di na nce. Ayes : Braun , McC abe , Mc Le llan , "i c s , Nays : None rkc r , Pu rcell , Ra.p p , Scot t and Woods '!here was presented R.nd read s let :..c r f r an t h e l'U.adl e fic ld Development Company as follows: "We are wr iting t i.is letter to noti.l'r t he Ci t y of En glewood o f t he ass ignmen t by t he Middlefiel d velopment Company to Colur ib i ne \'.Ater and Snni tati c n Di strict of t he Company's rights and · obligations under the Con tract and acreement be t wee n the City c f Snele wo od, the Valley Developmen t Comparzy and he }'i dd l efield De velopment Com pany, d e e i~nated as suppleme nt No. 2 to the original agreement dated ril 18 , 19SS be t ween the City o f Englewood ~nd t he V~lley Dev e lopment Com pany." Councilman Rapp moved , Scott seconde d : That t h e a p pr oval o f the a bove a s si gmnent be fonned by the City ~. Attorney exe c uted by Mayo r a nd City Clerk. !.y e s : Nays: Braun , t icCa be, LcLellan , :!i c s , I'ci rlc e r , Pur c ell , Ra pp , Scott and Woods None A rec cmme ndation was presen ted f r om t he water Board , that t h e Tri-City Trust agreement be approved and t hat $5000 .00 be _p a i d i n t o t he t ru s t f und nnd t Le ba lanc e of one t hird of the purchase price of the Br own Ditc h W.,t er Rights and the E,,persoo Ditch Wa ter Righta and the Epperson Ditch Water Rights amounting to $43 ,000 .00 be r,a id into t he t rus t f und a t on c e . Councilman Scott moved, . Parker seconded; That the City Manager be empowered to transmit 139,000.00 as the Cit7•s share of p&JlllBnt tor the Brown Ditch Rights. Ayes r Braun, McCabe 1 McLellan, Ni e s, Parker, Purcell, Rapp, Scott and Woods Nays: None Absent: None The f ollowing Resolution was presented and read in full: ~OLUT I ~ WHEREAS, the resident land-owners in a portion of Sections JJ and ~. Township 4 South, Range 68 West, have expressed a desire t o b e armexed to the City of Englewood, in which area the Cit7 is a sub- stantial land owner, and WHERF.AS, it is the wish of the City, acting by and through its City Council, to cooperate with land-owners adjacent to its property whenever, and it whatever manner may be feasible, NCM TH!REFORE, BE IT RESOLVED that the City Manager be empowered to sign the petition for annexa- tion of this area to the City or Englewood, for and on behalf of the City. ATTFS T: Richard J. Purcell M&ior J. L. Barron cn-~ric PASS ED AND ADO Pl'E D by the City Coun cil of the City of Englewood, Colorado, this Jrd ~ ot April, A . D. 1956. I ../ Council.an Rapp moved,, Scott aecondedJ To approve and adopt the above Resolution. Ayesr Braun,, McCabe,, McLellan,, Nies,, Parker,, Purcell,, Rapp,, Scott, and Woods Nays r Rone Absent r None Paving petitions were received as follows: 1. On F.ast F.astaan Avenue f'rom South High Street to South Williams Street. 2. On South Williams Street from F.ast Dartmouth Avenue to East F.astman Avenue,, {carries notation "The gravel to be furnished from the City Gravel Pit at no more than the City ot ~lewood cost.~) J. On East Cornell Avenue from South Corona Street to South Downing Street. L. On East Dartmouth Avenue from South Marion Street to South Franklin Street. S. ()!South Emerson Street from kst F.astman Avenue to F.ast Floyd Avenue. 6. On South F.meraon Street from East Floyd Avenue to East Girard Avenue. 7. On South Washington Street r rom F.ast Union Avenue to East Layton Avenue and on F.ast Layton Avenue from South Washineton Street to South Pearl Street. 8. On South Jason Street from West Union Avenue to West Layton Avenue and on South Inca Street from West Layton Avenue to West Chanango Avenue and on West Layton Avenue from South Huron Street to South ICalamath Avenue. {Carries request that City increase specifications for West Layton Avenue and bear cost of increaseJ also request for traffic control along West Layton ATenue.) 9. On South Galapago from West Radcliffe Avenue to West Chanango Avanue and on South Galapago Street from West Grand Avenue to Belleview,, and on South Fox Street from West Tufts Avenue to West Union Avenue,, and on West Tufts Avenue from South Delaware Street to South Huron Street,, and on West Union Avenue from South Fox Street to South Galapago Street. 10. On West Chanango ATenue from South Fox Street to South Galapago Street. 11. On ~est Grand Avenue from South Elati Street to South Huron Street. 12. On South Corona Street from F.ast Floyd Avenue to F.ast Girard ATenue. lJ. On South Galapago Street from West Oxford Avenue to West Princeton Avenue. JJJ. On South Huron Street from West Kenyon Avenue to West Lehigh Avenue. lS. Q-1 South Huron Street from West Stanford Avenue to West Layton Avenue and on West Union ATenue from South Galapago Street to South Huron Street and on West Stanford Avenue from South Huron Street to South Galapago Street. (One signor reserves "right to have licensed curb and gutter contractor to install same.") 16. On South High Street .r rom :East Eastman Avenue to F.ast Floyd Avenue. 17. On South Gilpin Street from East ~tmouth Avenue to F.ast F.astnan Avenue. 18. Q-1 South Halt of F.ast Dartmouth Avenue from South Franklin Street to South Race Street {on City limits line to match pavinc on Denver side.) ' 19. On East :Eastman Avenue from South Williams Street to South Gilpin Street. 20. On East Cornell Avenue from South Downin ~ Street to South Marion Street. 21. On South Pearl Street from F.ast Union Avenue to East Layton Avenue. 22. On South Huron Street from West Mansfield Avenue to West Oxford Avenue. 23. On F.ast Chenango Avenue from South Broadway to South Logan Street. ~. On South Pennsylvania Street from F.ast Layton Avenue to East Grand Avenue and on East Qienango ATenue from South !Dgan Street to South Pennsylvania Street. 25. On South Delaware Street from West Cornell Avenue to West Eastman Avenue. Councilman Braun moved,, McCabe seconded; That the above petitions be received, excluding No's. 2, 8 and lS. qesr Braun,, McCabe, MeLellan, Nies,, Parker,, Purcell, Rapp,, Scott and Woods Nays: None Absent r None Councilman Rapp moved, Braun seconded; That Number eight and fifteen be accepted and that number tvo be denied unless a new petition for same is presented by April 16th without the special request. Ayesr Braun,, McCabe,, Pt:Lellan,, Nies, Parker, Purcell,, Rapp, Scott and Woods Nqs: Uone Absent r None ,. I I rA>W'lCilman Scott moved; Rapp seconded; To direct the l,;ity Manager to consult with Bonding House representa- tives, to authorize the City Attorney to appoint legal eounael if necessary and to assist in the ex- pediting of the Paving program. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Maya: None Absent: None It was requested that action be taken on Mr. Ernest Hebertson's request to lease a tract of land in Block 1 Petersburg for Manuf'acturine and Storage of concrete pipe. ColD'lcilnan Woods rm>ved, Rapp seconded; That Mr. Hebertson's offer be rejected, and that any and all offers tor leases be brought to the Council for consideration and action. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp and Woods Nays: Scott Absent: None The Joint Committee on school and city plann i n ~ requested that the City appoint two members to a group ot eight representing "Recreation, ConnUnity Center, City Council and School Board" tor the purpose ot gathering infornation concerning a Conmn1nity Building. The purpose of the Conunittee would be as follows: 1. To take an inventory of present available facilities. 2. To make a study of the immediate as well as the long range needs to be incorporated in such a cOlllllunity building. 3. To submit to the combined cormiittee a report of their findings and recommendations. Councilman Nies moved, Rapp seconded; The mayor be instructed to appoint two members to the survey conmdttee. Ayes: Nies and Rapp Nays: Bratm, McCabe, McLellan, Parker, Purcell, Scott and Woods Absent: None The Mayor declared the motion lost. There was presented for approval, Sanitary Sewer Installation Contract with Goorman's and G. W. Gabriel, Jr. from West Kenyon Avenue to West Ithica Avenue, near South Huron Street. ColD'lcilnan Rapp moved, Parker seconded; That the Mayor and Clerk be authorized to sign the above contract. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays: None Absent: None The following Bill for an Ordinance was presented and read in full: A BILL FOR AN ORDINANCE REPEALING AND AMmDING ·PARTS OF ORDINANCE NO. L, SERIF.s OF 1912 ~ITLED "AN CIU>INARCE PROHIBITING ASSAULTS AND DISTURBANCES AND PROVIDING PUNISHMmT FOR SUCH OFFENSES IN THE CITY OF ENGI.&t- WOOD"1 ORDINANCE NO. S, SERlES OF 1912 ENTITLED "AN OODINANCE PROHIBITING DRUNJCmESS WITHIN THE CITY rJF DllLEWOOD"; ORDINANCE NO. 9, SERIF.s OF 1912 ENTITLED "AN ORDINANCE TO PREVENT QUARRELING OR P'IDlft'- D«l JllD OT i-IER DISORDERLY CCJIDUCT IN THE cm OF D«iLEWOOD AND PROHIBITlHG THE CONDUCT OF DISORDERLY HOOSBS AND DANCEHALI.S THERElH" J ORDINANCE NO. 13, SERlES OF 1912 ENTITLED "AN ORDINANCE PROHIBITlHG GAMBLD«i AND GAMING ESTABLISHMENTS WITHIN THE CITY OF ENGLEWOOD" J AMENDnm SAID ORDIRANCE; PROVIDING PENALTIES FOR THE VIOIATICfi THEREOF; AND REPF.ALING ALL ORDINANCES AND PARTS OF ORDINAN~ IN CONFLICT THERmaTH. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF nmL&IOOD, COLORADO: Secticm 1. Section 2 of Ordinance No. L, Series of 1912, entitled "An Ordinance Prohibiting AssaU!ts and Disturbances and providing punishment for such offenses in the City of Englewood" is hereby repealed and the following substituted thereforJ "Section 2. That any person who shall, in the City or Enelewood, assault or beat or strike or r1ght another, shall, upon conviction thereof, be fined not exceeding t.300.00 or illprisoned not exceeding 90 days for each and every such offense." Section 2. Section 2 or Ordinance No. 5, Series of 1912 1 entitled "An Ordinance Prohibiting Drunkeneas within the City of Englewood" is hereby repealed and the following substituted thereforJ "Section 2. Any person violatine any of the provisions of this ordinance shall be fined not exceedtng $)00.00 or illlprisaned not exceeding 90 days tor each and every offense." Section 3. Section 9 ot Ordinance No. 91 Series of 1912, entitled "An Ordinance to Prevent Quarrefirii of P'ighting and Other Disorderly Conduct in the City or &lglewood, and Prohibiting the conduct ot Disorderly Houses and Dancehalla therein" is hereby repealed and the tolloving is sub- stituted therefor' •section 9. Any person or persons violatine any provision of this ordinance shall, upon con- viction, be f 1ned not exceeding t.300.00 or imprisoned not exceeding 90 days tor each and every offense." Section l4. Sections 1 and 2 of Ordinance No. 13, Series of 1912, entitled "An Ordinance Pro- hibiting Gaabling and Gaming Establishments within the City or Englewood" are hereby repealed and the following are substituted therefors "Section 1. Art¥ person who shall keep or exhibit any gaming table, establishment, device or apparatus to win or gain money or other property, or shall aid, assist or permit others to do the same, or aiv person who shall engage in any eambling for a livelihood or shall be without a tixed residence and in the habit or practice or gambling, shall be deemed a cODDDOn gambler, and upon conviction thereof, shall be fined not exceeding $JOO.OO or imprisoned not exceeding 90 dqs." "Section 2. It aiv person shall play at any game whatsoever for any sum of money or any pro- perty of yiJ.ue, or shall make any bet or wager for any sum of money or property of value, upon the result of such game, every suchperson shall, on conviction, thereof, be fined not exceeding tJOJ.00 or illprisoned not exceeding 90 days." Section S. All ordinance and parts or ordinances in conflict herewith are hereby repealed. Section 6. The City Council hereby finda, determines, and declares that this ordinance j_s neces- 8&17 ror the illaediate preservation of public peace, health, safety and convenience. Section 7• In the opinion or the City Council an emergency existsJ therefore, this ordinance shall tab effect and be in force frOJn and after its final passage and publication. Passed on First Reading by the City Co\D'lcil of the City of Englewood, Colorado, this 2nd day ot April, A. D. 19S6, and ordered published in the Englewood Press. Cotmcilman Parker moved, MclAlllan secondedJ That the above Bill be passed on first reading and ordered pub- lished 1n the Englewood Press. AJes: Braun, Mccabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Hays: None Absent: None The following Resolution l:&S presented and read in full. RF.S OLtJT IC!t WHEREAS, it was resolved by the City Council or the City of Englewood, Colorado on March S, 19S6, that it would be to the best interests of the City of Englewood and its citizens not to be included within the boundaries of the proposed Blue River-South Platte Conservancy DistrictJ and WHEREAS it appears that legal action will probably be necessary to oppose the inclusion of the Cit7 of Englewood within the Said District. NCM THEREFORE, be it resolved by the City Council of the City of Englewood, Colorado, this 2nd day of April, 19S6, that the City Attorney and Water Board Attorney are authorized and direc- ted to take such legal action as they may dee" necessary in cooperation with other persons and ~ municipalities to oppose the inclusion or the City within the Blue River-South Platte Conservancy District, and to opposethe firmation and institution of the said District. BE IT FURTHER ~OLVED that the expenditure of such sums as may be necessary therefor, is hereby expressly authorized, not to exceed 13500.00 including amounts heretofore expended or in- curred in opposition to the rormation or the said District. Cotmcil.Mn Rapp llK)Ved 1 Braun secondedJ That the above Resolution be approved and adopted. Ayess Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Nays& Hone Absent: None Councilman Rapp moved, Braun secondedJ That the City Attorney be authorized to prepare a Bill for an Ordinance adopting the technical section of the De nver Building Code as revised and recomnended by the special committee. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott, and Woods Hays& None Absents None The City Attorney was asked to check on the legality of the Sale of property purchased for Highway 10 1 to Albert J. F:ines. Colll'lcil.man Nies moved, Scott secondedJ That the City Mana ger write a letter to the State Highway Depart- ment suggesting that they redesign their plans for Highway 87 South Broadway, from Quincy Avenue to Belleview Avenue to allow greater sidewalk width. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Wooda. Nays: None Absent: None The City Manager stated that a si111' for the new Fire Substation had been procured at Fox Street and Belleview Avenue and that he ne e ded authority to proceed with Building Plans. Council.nan McLellan moved, Parker seconded; That the City Manaeer negotiate for plans and specifications for the new Fire Station. A)"8s: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods Hqa: None Absent t None I I I I I I I I Mr. Westerberg or the Enelewood Insurance Group presented a proposal on the hand.ling of Insur- a~e of the City of Englewood, after discussion. Councilman Parker moved, Scott seconded; pare estimate costs and etc., a meeting of the City Council. To receive the proposal and to request Mr. Westerberg to pre- d to oresPnt snme to the Council on April 16th, the next regular Ayes: Braun, McCabe, McLellan, Nies , Parker, Purcell, Rapp, Scott and Woods. Nays: None Ab!ent: None The approved claims on the followine funds wer e presented for payments: General Fund Wa ter Fund Sewage Disposal Plant Fund Set1er Districts Fund Total of all Funds Council Rapp moved,. $ 33,532.11 39,969.78 3,579.n 1,526.n BL,608.91 Scott seconded; That the above approved claims be paid. Ayes: Braun, McCabe, Mclellan, Nies, Parker, Purce:ll, fiapp and Scott. Nays: None Absent: None A Petition for annexation to the City of Engl ew ood for a parcel of land "beginning at s. Elati and Yale Avenue extending West to Pecos Street Sout h to Dartmouth Avenue and East to City Limits", was presented to the Council by Attorney Richard Graham. Councilman Parker moved, Braun seconded ; That the petition be accepted and notice of acceptance be published in the Englewood Press for three successive weeks beiinning with the 5th c1ay of April, 1956. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. Mays: None Absent: None The following Resolution to support the above action was presented and read in full: RFSOLUTION WHERE.AS, the owners of more than f :tfty pe-r cent (50%) of the territory hereinafter described, also compris:lllg more than fifty percent (50%) of the resident land owners in said territory, have filed a petition to annex to the City of Englewood the territory described as: All that portion of Sections 33 and JL, Township L South, Range 68 West or the 6th Principal Merid- ian, contained within the following described boundaries: Beginning at the point of intersection of t he West line of the Right-of-Way or the Denver and Rio Grande Railroad and the F.ast-West center line ot Section 33, Township L South, Range 68 West; thence West along said center line to the center of said Section 33; thence North, along the North and South center line or said Section 33, to the South- west corner or the Northwest quarter of the Northeast quarter of said Section 33; thence F.st, along the South line of said Northwest quarter Northeast quarter of said Section JJ, L25 feet more or lees, to the point of intersection of said South line with the Westerly line proposed to be annexed to the City and County of Denver, pursuant to Resolution 2, Series of 1956, of the Council of said City and County, said Westerly line being parallel to and 50 feet westerly of the Official Channel of the South Platte River as established by Ordinance No. 16, Series of 1935, of the City and County or Denver; thence Southerly to the extreme Southern point or said area proposed to be annexed by said Resolution 21 being 152.7 feet, more or less; thence Northeasterly in a straight line a distance of 817.07 feet to a point of curve of an arc defining the Southeasterly line or said Official Channel of the South Platte River; thence Northeasterly and parallel with the Southeasterly line or said Official Channel l)J).92 feet to the North line of said Section 33; thence F.ast along the North line of Sections )) and .JL, Township L South, Range 68 West, to the point where said North line of said Section .3L inter- sects the West line of South El.ati Street and the We sterly linits of the City of EnglewoodJ thence South along the West line of said South Elati Street, and the Westerly line or said City of Englewood, to the North line of West Bates Avenue; thence West along the North line or said West Bates Avenue and West Bates Avenue extended, and alone the Northerly line of the city limits or the City of Engle- wood, to the West line of the right-of-way or the Denver and Rio Grande Railroad; thence Southerly along said West line of right-of-way of Denver and Rio Grande Railroad, and along the Vesterl.7 line of said City of Englewood, to the point of Beginninc; and, WHEREAS said petition fulfills all of the requirements of Article 11, Chapter 139 1 Colorado Revised Statutes of 1953, NCJl THEREFORE, BE IT RESOLVED that said Petition be, a nd the same is hereby accepted by the City of Englewood, Colorado, and Notice of Acceptance shall be published in the F.nglewood Press for three successive weeks beginning with the 5th day of April, 1956, in accordance with the statutes in such cases made and approved. PASSED AND ADOPl'ED by the City Council of the City of Englewood, Colorado, this 2nd day of April, A. D. 1956. 246 Councilman Rapp moved, McCabe seconded; The above resolution just read be approved and adopted. Ayes: Braun, McCabe, McLellan, Nies, Parker, Purcell, Ra.pp, Scott and Woods Nays: None Absent: None Councilman Parker moved, Rapp seconded; That a bill for an Ordinance be prepared adopting the parking plan and parking time limits as prepared by the City Manager. Ayes: Nays: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. None Absent: None Councilman McCabe moYed, Nies seconded; To adjourn to L/16/56 RapJ>, Scott and Woods ATmT: Major ~cz-- held this 2nd day I I I I