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HomeMy WebLinkAbout1956-12-17 (Regular) Meeting MinutesRBGULAR llBBTIKG OF THE CITY COUlfCIL OF TRB CITY OF EKGLEWOOD, COLORADO, RBLD llOKDAY THE 17th DAY OF DBC-D, A. D. 1956. • • • • • • • • • Mayor Purcell called the meeting to order and Manager Rudd gave the invo- cation. llayor Purcell called for roll call: PRBSBKT: Braun, McCabe, llcLellan, Kies, Parker, Purcell, Rapp, Scott and Wooda. ABSDT: Kone. • • • • • • • • • Sealed bida were received on a self-propelled street sweeper, as follows: Ray Corson Machinery Coapany 4 cu.yd. capacity net 3 cu.yd. capacity 2-3/4 cu.yd. capacity 4 cu.yd. capacity $10,568.75 9,785.00 8,646.00 10,987.00 10,970.00 Ray Corson llacbinery Company Jobnaon Tudor Coapany mcDonald Bquipment Coapany Colorado Builders Supply Coapany 4 cu.yd. capacity The bid& were referred to the Engineer for tabulation, comparison and a ,later report in this ••••ion. · • • • • • • • • • A bearin1 was held on the proposed re-zoning of Block 1 and West t Block 2, s. G. llaalin's Addition fro• R-2-B to 11-1, same having been advertised and posted. There were no proteats. Councilaan Rapp aoved) Parker aeconded) that ·the City Attorney be authorized to prepare an ordinance for the cb&Dse in zonina. AYBS: Braun, llcCabe, llcLellan, Kies, Parker, Purcell, Rapp, Scott and Wooda. KAYS: Mone. ABSDT: Mone. • • • • • • • • • lleabers of the Board of Education of School District Ko. 1 aet with the Coun- cil on the aatter of purchase of land north of the present Bi1h School. Attorney Joe Bach stated that the owners were asking $64,000.00 and that the appraisers bad placed a value of $51,050.00 on the property. Councilman Scott moved) llcLellan seconded) that the Council and School Board joint co•- mi ttee try to make a reasonable settle .. nt on the purchase price and if not successful that they be empowered to institute action for con- demnation. AYES: Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSENT: None. • • • • • • • • • The following memorandum was received from the Water Advisory Board: ''That City Council authorize The Water Advisory Board and its Leaal Counsel, together with such engineering consultants as may be necessary, to investigate the probability of increased adverse effect upon the Englewood 11Unicipal water supply by &DJ increased withdrawal of water from sources not legally established, neces- sitated by an increase of demand upon the supply of any other aunicipality throuah enlar1e .. nt of the municipal area of said municipality and take whatever steps legally or otherwise may be necessary to protect the water rights of The City of Englewood and its future water development program from depletion on encroachment; and further, that the Water Advisory Board study and report to Council the extent to which water service now being provided by Englewood in certain areas, and con- teaplated for other areas, is jeopardized and placed in question by indicated vol- untary breach of existing agreements entered into between Englewood and other aunicipalitie•." Councilaan Parker moved) Braun seconded) that the Water Advisory Board be authorized to investigate and obtain engineering· consultant service to .protect the water rights of the City of Englewood. AYBS: KAYS: ABSENT: Braun, llcCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. Kone. Kone. • • • • • • • • • I I I I I I A bearing was held on the proposed trash and garbase collection ordinance due to be pasaed on at this Council session. llr. B. W. Scott of 7137 So. Bannock presented petitions containing 1893 signa- ture& in oppoaition to the ordinance and the following citizens appeared and spoke in oppoaition: llr. B. B. Wright llr. Bolland llr. Slocua llr. Boakina llr. Bolland llr. Don Barth llr. II. Zabel llr. Pitchford Council~ Rapp moved) 2900 So. Bannock 4524 So. Bannock 4665 So. Buron 3631 So. Bannock 4&2& So. Aco- 4958 So. Sherman 3156 So. Clarkson 1200 B. Dartmouth Woods seconded) the adoption of the followin1 resolution: ''1fbereaa, the citizens of this community have registered in unusual nuabers their wisbea in connection with the garbage and trash proposal as being considered tonight for final reading, and Wbereaa, the Council bas taken greater preparation in the formation of ~be or- dinance than is uaually called for in the formation of a re,ular ordinance; and, Wbereaa, it ia apparent to Council that many people have not learned of the apecifica considered by Council in the preparation of this ordinance, Row, Therefore, Be it Resolved, That the petitions as presented here tonight be accepted and included in the official records. That the five points in objection enumerated on Page 11 of the petition #5 be eapecially noted for further consideration, and That the people's comments presented here tonight be fully considered in Council'• further actions, and That this aatter be laid on the table." AYBS: Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS: None. ABSBlfT: If one. • • • • • • • • • A letter was received and read which was signed by six property owners of 4400 and 4500 South Broadway, protesting a median strip in the proposed street iaproveaent or paving project in that area. (Letter in file.) Councilaan Braun moved) Parker secollled) to receive the above communication. AYBS: Braun, McCabe, llcLellan, Nies, Parker, .Purcell, Rapp, Scott and Woods. If AYS: None. ABSDT: None. • • • • • • • • • A request was received from the Southeast Englewood Water District for the incluaion of additional land into their Water District. Council~ Braun moved) McCabe seconded) to refer the request to tbe Water Advisory Board. AYBS: Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS : None. ABSBllT: None. • • • • • • • • • The Southeast Englewood Water District asked permission to lay a water line froa Clarkson to the City Reservoirs. Councilaan llcCabe aoved) Braun seconded) that the Southeast Englewood Water District be permitted to lay a water line i ,n City owned driveway lane from So. Clarkson Street eastward to City's upper reservoirs, upon the assurance by the Water District that detailed measure11ents and locations will be furnished for an eaae11ent docuaent as sbon. as the pipe baa been laid in the driveway. AYBS: Braun, llcCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Wooda. RAYS: Rone. ABSDT: Rone. • • • • • • • • • A letter waa received from Bomer Harris, stating that be wished to retire as cuatodian effective aa of December 31, 1956. Councilll&D Parker 11e>ved) Braun seconded) that a letter of reco ... ndation be 1iven llr. Harris for bis long and faithful aervicea. AYES: Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS: Mone. ABSBMT: Mone. • • • • • • • • • The following Assignment was received and read: ASSIGIOIENT For Value Received, we hereby transfer, sell and assign to The Valley Water District, all of our right, title and interest in and to that certain Distributor's Contract between the City of Englewood and The Valley Development Company, elated llay 9th, 1955, together with our interest in all supplements to said Distributor's Contract. Dated at Denver, Colorado, this 15th day of August, A.D. 1955. Signed: Valley Development Company. Councilman McCabe moved) Woods seconded) to .approve the above assignment. AYES: Braun, McCabe, llcLellan, Mies, Parker, :Purcell, Rapp, Scott and Woods. NAYS: Mone. ABSBMT: None. • • • • • • • • • Tbe following aaaigmaent was received and read: ASSIGNMENT For Value Received, we hereby transfer, sell and assign to the Valley Sanita- tion District, all of our ri1bt, title and interest in and to that certain Connect- or's .&creeaent between the City of Englewood and The Valley Development Coapany, dated April 18, 1955, together with our interest in all supplements to said Con- nector's Agreeaent. Dated at Denver, Colorado, this 16th day of August, A. D. 1955. Signed: Valley Development Company. Councilman McCabe moved) Braun seconded) that the above asai1nment be approved. AYES: Braun, llcCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS : Mone. ABSBMT: Mone. • • • • • • • • • City Engineer Barde and Street Superintendent Lidolph returned their report of the bids and coaparison on street sweepers for bids received earlier in the session, and reco ... nded the bid of Ray Corson Machinery COllP&DY for a 4 cu. yard Wayne-Austin at $10,568.75 as the lowest and best bid. Councilman Braun moved) llcLellan seconded) that the Ray Corson Machinery Company be award- ed the Contract and a purchase order be given. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS: None. ABSDT: Mone. • • • • • • • • • City Attorney Esch gave a report on the lease with Pre-Mix Concrete Coapany and suggested that Council release them from tbe Contract. Councilman Woods moved) Parker seconded) that the Contract be cancelled as of January 18, 1957. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSEMT: None. • • • • • • • • • I I I I I I I I Tbe following Bill was presen~ed and read in full: A BILL FOR il OIWIMDCE VACATING ALL OF THE ALLEYS IN BLOCKS 13 .A1ID 22, IDIGLEWOOD, CITY OF BllGLDOOD, ARAPAHOE COUMTY, COLORADO. BB IT ORDAIMBD BY THE CITY COUNCIL 01' THE CITY OF BNGLBWOOD, COLORADO: Section 1. That the hereinafter described property located in Enclewood, City of Bnciewood, Arapahoe County, Colorado, be and hereby is, declared vacated pursuant to the provisions of Section 13, Article 1, Chapter 120, Colorado Revised Statutes 1953, and that title thereto shall vest in the owners of abutting land, as provided in said Chapter 120; said vacated land being particularly described as follows: All of the alleys in Blocks 13 and 22, Englewood. Section 2. That the hereinabove described land is located entirely within the City of Inglewood, Colorado, and does not constitute a boundary line between the City of Englewood and any County or other municipality. Section 3. That the vacation of the hereinabove described alleys will not leave any adjoining land without an established public road connecting said land with an- other established public road. Section 4. That the City of Englewood does hereby expressly reserve the rights- of-way or easements for the continued use of existing sewer, gas, water, or similar pipe lines and appurtenances, and for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances, now located in the herein- above described part of Englewood. Section 5. The City Council hereby finds, determines, and declares that this Ordinance ls necessary for the immediate preservation of public peace, health, safe- ty, and convenience. Section 6. 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 ...a publication. Paased on First Reading by the City Council of the. City of Englewood, Colorado, this 17 clay of Deceaber, A.D. 1956, and ordered published in the Englewood Herald and Bnterpriae. ATTBST: City Clen Councilman Parker 1m>ved) llcLellan seconded) llayor that the above bill just read be passed on first reading and ordered published in the Englewood Herald and Enterprise. AYES: Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS: None. ABSDT: None. • • • • • • • • • An amendment to the Business License tax was presented which would cost apartment house owners $3.00 per unit and motel operators $4.00 per unit, with first unit exempted in each case. Councilaan Scott moved) Parker seconded) After lengthy discussion: Councilman Braun moved) McCabe seconded) that apartments and motels be charged $5.00 per unit. to table until January 7, 1957 meeting and ask those wbo made the recommendation to give it further study. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS: None. ABSBNT: Mone. • • • • • • • • • A Bill for an ordinance authorizing the sale of property to llrs. Effie King was presented. 367 Councilaan Rapp moved) Braun seconded) to table. Mayor Purcell ruled this out of order. The followin1 Bill for an ordinance was presented and read in full: A BILL AUTHORIZING THE MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, TO BXBCUTB, AID TRB CLBRlt OP TBB CITY OF ENGLEWOOD, COLORADO, TO ATl'EST A WARRANTY DBD COlfVEYilfG TO Bl'PIB II. KllfG TBB FOLLOWING DESCRIBED REAL PROPERTY, TO-WIT: THAT PART OF TBB NORTR•AST QUARTER (NBt) OF TBB NORTHWEST QUARTER (Ht) OF SBCTIOM 3, TOIWIP 5 SOUTH, RAHGE 68 WEST OP THE SIXTH PRINCIPAL llBRIDIAM, DBSCRIBBD AS FOLLOWS: COllllDClllG AT A POINT AT THE SOUTHEAST (SE) CORNER OF LOT THREE (3), SICBRRITl''S ADDITION TO BJIGLBWOOD THIRD PILING, THENCE SOUTH 0°26 '30" WBST A D.ISTAMCB OF 50 FUT; TllBICB NORTH 89°52'30" WEST A DISTANCE OP 13.01 FEET: TllDCB 11' A NORTH- WBSTBRLY DIRBCTION ALONG THE ARC OP A CURVB TO THE LBPT WITH A RADIUS 0 0P 988.8 PUT, A DISTAlfCJ: OF 83 •. 2 PEET ( THE CHORD OF WHICH ARC BEARS KORTH 52 55 ' WBST A DISTAlfCJ: OF 83.2 FUT) TO THE SOUTH LINE OF LOT THREE (3), SKERRITl''S ADDI- TIOM TO BlfGLBWOOD THIRD PILING; THENCE SOUTH 89°52'30" BAST ALOMG THE SOtJTll LIMB OF SAID LOT TllRBB (3), SKBRRITT'S ADDITION TO ENGLEWOOD THIRD PILIMG, A DISTAJICB OF 79.73 PEET TO TBB POINT OF BB:ilNNING; ARAPAHOE COUNTY, COLORADO. 1fllBRBAS, the title to the above described property now stands in the Dall8 of the City of Englewood, Colorado, and has never been used for municipal, eov-~ ernmental or park purposes, and WllBRBAS, Effie II. King has agreed to purchase said property froa the City of Englewood for the sum of Three Hundred and no/100 Dollars ($300.00), which sum is more than the appraised value of said tract of land and, in the opinion of the City Council of the City of Englewood, Colorado, is the fair and reason- able value of said real property, and WllBRBAS, the said City Council of the City of Englewood, Colorado, deems it to be in the beat interests of the people of the City of Englewood, Col rado, to sell and convey said property for the sum aforesaid; NOW, TBBRBl'ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP BJIGLB- WOOD, COLORADO: Section 1. That the llayor of the City of Englewood, Colorado, be, and be i• hereby, authorized to execute, in behalf of said .City, and the Clerk of the City of Bn1lewood, Colorado, be, and he is hereby, authorized and dir- ected to atteat, in behalf of said City, a Warranty Deed conveyin1 to Effie II. Kin1 the following described property, to-wit: That part of the Northeast Qµarter (NEt) of the Northwest Quarter (Di) of Section 3, Township 5 South, Rance 68 West of the Sixth Principal Meridian, described as follows: Coa- .. ncin1 at a point at the Southeast (SE) corner of Lot Three (3), SKBRRITT'S ADDITION TO ENGLEWOOD THIRD FILillG, thence South 0°26'30" West a distance of 50 feet; thence North 89° 52'30" Weat a distance of 13.01 feet; thence in a Nortb- weaterly direction along the arc of a curve to the left with a radius of 966.8 feet, a distance of 83.2 feet (the chord of which arc bears North 52°55' West a distance of 83.2 feet) to the South line of Lot Three (3), SICBRRITl''S ADDITION TO ENGLEWOOD THIRD FILING; thence South 89°52'30" Baat alone the South line of said Lot Three (3), SKBRRITl''S ADDITION TO ENGLEWOOD THIRD FILING, a distance of 79.73 feet to the point of beginning; Arapahoe County, Colorado. S.Ction 2. The City Council hereby finds, determines and declares that the foregoing conveyance is for the benefit of the taxpayers of the City of Bn1lewood, Colorado, and that this Ordinance is necessary for the immediate preservation of the public peace, health, safety and convenience. Section 3. In the opinion of the City Council, an emergency exists; therefore, this Ordinance shall take effect and be in force :froa and after its final passage and publication. Passed on First Reading by the City Council of the Ciry of Englewood, Colorado, this 17 day of December, A.D. 1956, and ordered published in the Englewood Herald and Enterprise. ATl'BST: City nen Councilman Woods moved) Scott seconded) llayor that the above Bill just read be adopted and passed on first reading and ordered published in the Engle10od Herald and Enterprise. I I I I I I I I AYES: NAYS: ASSERT: McCabe, McLellan, Nies, Parker, Purcell, Scott and Woods. Braun and Rapp. None. • • • • • • • • * Notice was received from the McElroy Ranch Company of Ft.W-orth~ Tesas, of the release or tbe Oil and Gas Lease on the entire acreage of the Atchin- son Ranch. - _, Councilman llcLellan moved) Scott seconded) to receive the release of the Oil & Gas Lease. AYES: 'Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott anl Woods. NAYS: None. ASSERT: None. * • * • • * • • • City Attorney Esch stated that be believed a suit for fire dama2es to the church near the old city dwap could be settled for $750.00. Councilman McLellan moved) McCabe seconded) that Reverend Smith be offered $750.00 in settlement of suit. AYES: Braun, McCabe, 14cLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSENT: None. • • * * * * * * • City Attorney stated it was not legal to make deductions from salaries of paid fire .. n for the Pension Fund, but that each member could enter into an acreement to have the deduction made. The deduction would be 3ii less $50.00 deductible. Councilman Parker moved) Braun seconded) that the City Attorney be authorized to draw the agreements. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSBRT: None. • • • • • • • • • City Attorney Esch stated that Attorney William Bodan, Jr. would accept the position as Assistant City Attorney to handle cases brought before the Police llagistrate. Councilman Braun moved) McLellan seconded) that attorney William Bodan, Jr. be re- tained as Assistant to the City Attorney. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. MAYS: Mone. ASSERT: None. • • • * * • • • • llr. Arthur Wright of 3230 So. Bannock asked that the City try to get the sidewalk comple.ted in the 3200 Block~ 4"#""''c""\.... Be was told that the City would investigate. • • • • • • • • • City llanager Rudd presented the extension of the present contract with Tipton and Kalabach for the signatures of the Mayor and City Clerk. This was authorized in a previous session. • • • • * • * • • City 11anaaer Rudd stated that the .State Bighw•y Depart .. nt was cancellinc the loan agree .. nt involvin1 $80,000.00 upon the condition that the City would soon pay the balance due upon an earlier agreement invol~ing $60,000.00. The llanager stated further that he was informed by the State Bichway Departaent that the $60,000.00 loan agreement bad been reduced by virtue of a $25,000.00 pa,..nt by the City. 369 370 Councilman Scott moved) Braun seconded) that the City pay the balance of $35,000.00 during the present f1scal :1ear. AYBS: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSDT: None. (City llanager's comments dated 12-19-1956. See letter delivered to all Councilaen on that date, a copy of which is in the Clerk's files.) • • • • • • • • • Adainiatrative Assistant Joe Lacy presented estimate of costs for surfac- in1 or reaurfacing of certain str~ets in the City of Englewood, and asked that a policy of procedure be established. Councilaan Scott moved) Braun seconded) that the 1957 budgeted Paving District funds be allocated between residential and prime arterial streets, and recommended that ap- proximately 50'J, be residential and approxi- mately 50$ be prime arterial, and that in the event contiguous prime arterial is not entirely allocated by February 15, 1957, the balance be added to the residential portion, and that deadline for :.all peti- tions be March 1, 1957. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSBJIT: None. • • • • • • • • • Councilman Braun stated that a drain course runs over So. llarion Street and north of Charles Bay School, which should have a foot bridge to keep the children froa walking through the mud. Councilman Scott moved) Parker seconded) that the City Manager investigate. AYES: Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott ·~and Woods. NAYS: None. ABSBJn': None. Councilman Rapp moved) Braun seconded) • • • • • • • • • to adjourn to 1:15 A.II., Tuesday, Deceaber 18, 1956. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. NAYS: None. ABSENT: None. • • • • • • • • • ADJOURJIBD CITY COUNCIL SESSION DECEMBER 18, 1956 Council reconvened at 1:15 A. II., December 18, 1956. Mayor Purcell called for roll call: PRBSBJn': Braun, McCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. ABSDT: None. • • • • • • • • • The following Ordinance was presented and read: ORDINANCE NO.~' SERIES OF 19 • AH ORDINAlfCB PROVIDING FOR THE PLACING OF BOCHES WITHIN THE CITY OF DGLBIOOD FOR THE COKVBNIBllCB OF THE GBNDAL '.PUBLIC AND AUTHORIZING TBE MAYOR AND CITY CLBRK TO DTBR INTO A CONTRACT THEREFOR ON BEHALF OF THE CITY WITH EMPIRE BDCB ADVBRTISIJfG COllPAJCY. Councilaan Parker moved) Braun seconded) that Ordinance No. , Series of 19 , just read, be introduce~d passed OD second read- Ordinance ing as Ordinance No. 30, Series of 1956, and No. 30 ordered published in the Englewood Herald and Enterprise. . ' I I I I I I I I AYBS: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. . NAYS: None. ABSENT: None. • * • • • * • * • The following Ordinance was presented and read: ORDINANCE NO.~, SERIES OF 19 • AN ORDINAJl:E AllBMDING ORDINANCE NO. 47, SERIES OF 1955, ENTITLED "AN ORDINAXCB RBOBGAlflZl1'G TBB GOVBIUfllBNT OF THE CITY OF ENGLEWOOD, COLORADO, PURSUAIT TO CllAPl'BR 139, ARTICLE 6, COLORADO REVISED STATUTES 1953, AS AllBNDBD AND SUPPLE- llDTBD; ADOPl'IMG AN ADlllNISTRATIVE PLAN PURSUANT TO SECTION 15 OJ' SAID ARTICLE 6; SBTTIBG FORTH TBB DBPARTllBNTS, EMPLOYEES, AND DUTIES PRESCRIBED BY SAID ADMI1'ISTRATIVB PLAN; PRESCRIBING SALARIES -AND WAGES FOR EllPLOYBBS";. AND RB-· PEALING ALL ORDINANCES A1'D PARTS OF ORDINANCES IN CONFLICT BWRBWITR. CouncillULD Rapp moved) Parker seconded) that Ordinance No. , Series of 19 , just ordinance No. 31 read, be introduceQ""'ind passed on second reading as Ordinance No. 31, Series of 1956, and ordered published in the Englewood Her- ald and Enterprise. AYES: Braun, llcCabe, llcLellan, Nies, Parker, Purcell, Rapp, Scott and Woods • . NAYS: None. ABSE1'T : None. • • • • • • • • • Councilman Nies DK>ved) llcLellan seconded) to adjourn to Monday, January 7, 1957, at 8:00 P.M. AYBS: Braun, llcCabe, llcLellan, ~ies, Parker, Purcell, Rapp, Scott and Woods. NAYS: NoDe. ABSENT: None. * * * * • * * * * The ainutes of the meeting of the City Council of the City of Englewood, Colo- rado, held this 17th day of December, A.D. 1956, stand approved as~this 7th day of ~anuary, A.D. 1957. J'7!/1~~ Mayor ~ -City Clerk ,.