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HomeMy WebLinkAbout1955-01-10 (Regular) Meeting MinutesAdjourned RIDULARjMEETING OF THE CIT Y OOUNCIL OF THE CITY OF ENGL1VOOD , COLORAOO, HELD MONDAY JAf 'UARY 101 1955, T 8tOO P.M. Mayor Weigand called the meeting to order and asked for Roll Callt ROLL CALLt Banta, Absent Gushing, Present McCabe, Present Parker, Present Robohm, Present Purcell, Present Weigand, Present Rapp, Present Wright, Present P~ENT r Eight ABSENT: One The Council after having interveiwed a number ot applicants and having been unanimous in apprOYa1. Q!ouncilman Robohm, MOYed) Parker, Seconded) That Mr. Leslie R. Rudd be appointed· City Manager. ROLL CALL: Banta, Absent Cushing, Aye McC a be, Aye AYES: Eight Parker, Aye Purcell, Aye Rapp, Aye NAYS: None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: One Whereupon Councilman Cushing, escorted Mr. Rudd to the Council Chamber and he was seated withthe Council. City Manager L. R. Rudd, made the follwoing statement: It is an honor a nd a privilege to be designated for the position of City Manager in Engl0 wood. The assignment carries great responsibilities and obligations. Sucess in Englewood's governmental affairs c ~n be continuted by full co-operation betveea City Council, City Mana ger, City emoloye e s and the citizens. To the City Council I pledge sincere effort, to the employees fair and impartial consideration, and to the citizens honest adm i nistration. For myself, I shall retain a clear conscience in all of my dealings. I have been briefed on some of t he •Jor proble1'!18. Thq are a challenge to your gOYerning bocfT. I accept rq part in •eting tha t ahallenge. ~r levood shows strong evidence of c ood citizenship and good living. It w1l:l. be my pleasure to contribute and share t herein. L. R. Rudd Councilman Cushing, M:>ved) Wright, Seconded) That bond be obtained for Manager, Leslie R. aadd in the amount of $101 000. ROLL CALLt Banta, Absent C\ishing, Aye McCabe, Aye AYESr Eight Parker, Aye Purcell, Aye Rapp, Aye NAYSr None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: One Clerk read a letter from the Recreational Council, requesting that Councilman Cushing be reappointed to the Recreational Council. Councilman Wrigh t, Moved) ROLL CALLt Roboh m, Seconrled) That Councilman Cushing be reappointed to the Recreational Council. Banta, Absent Parlee r 1 Aye Cushing, hot voting Purcell, Aye McCabe, Aye Rapp, A.ye A~r Seven NAYSt None Robohm, Aye Weigand, Aye Wright, Aye ABSENT t ONE ( ~e not voting) I I I I Clerk read the report of the Firemen's Compensation Board. **iHt- Clerk rea d the following recommendation from the planning colllllission MEMORANDUM TO THE ENGLEWOOD CITY" OOUNCIL RIDA T?'.HNG ACTION OR RECOMMENDATION OF THE mlJIEWOOD PLANNING COMM ISSION• Dates Janurary 10, 1955. Subjects Applica tion by Archbishop Urban J. Vehr, Archbishop of Denver, far rezoning of Block 84, South Broadway Heights, except Ea.st 30 feet thereof, from R-1 to R-2 to pennit construction of church thereon. Recommendation: That application be granted, such use being permitted under proposed rezoning now under study for this district, and, in the commission's opinion, being compitible with a djoing development. Respectfully submitted, The En el ewood Planning Commission By L. M. Guilford, Vice Chairman Councilman Rapp, Moved) Robohlll, Seconde~) That excavation be allQWed to start at the owners risk and ordered notice be published beginning ROU. CALLI Banta, Absent Cushing, A-,e McCabe, Aye AYES : Eicht the 13th and a he aring be held February 7th at 8:00 PM. Parker, Aye Purcell, Aye Rapp, Aye NAISt None Robohm, Aye Weigand, Aye Wright, Aye ABSENT 1 One City Engineer, Neil w. Barde, presente d an approved final estimate on the 15 11 Kenyon Trunk Line Sewer, amounting to IB,690.53. Councilman Cushing, f'oved) ROLL CALL: McCabe, Seconded) That the Contractor McMillan & Pascal be paid the final estimate. Banta, Absent Cushing, Aye McCabe, Aye AYES : EiGht Pnrker, Aye Purcell, Aye Rapp, Aye NAYSs None Robohm, Aye Weigand, Aye Wri ght, Aye ABSENT: One Mr. Sunshine, Attorney for the Supreme Coal Company asked for a letter in regards to the mixing of fertilizer at 3201 S. Huron. Attorney Bodan stated he did not believe thia could be considered manufacturing. <:ouncil.an Cushing, MoTed) Roll Calls Purcell, Seconded) That this be referred to the Planning Board !or Banta, Ab sent Cushing, Aye McCabe 1 A.ye A~I Eight a detinate report and Attorney Bodan write a letter stating his views. Parker, Aye Purcell, Aye Rapp, Aye HAYSt None Robohm, Aye Weigand, Aye Wright, Aye AB.5ENTt One Cl.e rk read a report on proposed annexation a rea m<•de by Harmon & O'Donnell regarding the area west of Sa nta Fe Drive, contaitling approximately 323 acres. ( cow in clerk tile) **** Clerk a lso read the recommendation or the Planning Commission• (Copy in Clerk's file) Councilmen Pnrke r, Moved) ROLL CALLr Robohm, Seconded) Th Pt a resolution be a dopted accepting the petition of the Fritsinger Tract. Banta, Absent Cushing, Nay McCabe, Nay AYFS : Two Parker, Aye Purcell, Nay Rapp, Nay NAYSr Six Robohm, Aye Weigand, Nay Wright, Nay ABSENT: One Councilman Cushing, Moved) Wright, Seconded) That the above petition be referred to the City Manager !or his advice as to whether this should be explored furthur after talking to the Water Board and Planning Conunission. ROLL CALLI . Banta, Abeent Cushing, A'8 McCabe, Aye AIES1 Eight Parker, Aye Purcell, Aye Rapp, Aye NAYS1 None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: One Attorney Irvin representing Mr. Fritsinger & Mr . Gabriel on the annexation of the above area which was not accepted, asked to withdraw the above petition and asked the petition and plat be returned to thea. Councilllan Parker, Moved) Robohll, Seconded) 'nlat the petition and plats be returned ROLL CALLI Banta, Absent Cushing, A'YfJ McCabe, Aye AYFS1 Eight Parker, Aye Purcell, Aye Rapp, Aye NAYS I None Robohm, Aye Weigand, Aye Wright, Aye ABSENT1 Qne Attorney Wm Bodan, presented and the Clerk read the following Agreement. AGREEMFlfT , Made this 10th day of January, 1955, between SHOPPING CMERS, INC. a Colorado Corporation, or Denver, Colorado, hereinafter referred to as "Pirst Partytt·, and the CITY OF ENOLEliUOD , a Municipal Corporation of the Second Class, of Arapahoe County, Colorado, hereinafter referred to as "Second Party" 1 W~SETH t That WHEREAS, First Party is the owner or the parcel or land located in the City of Englewood, Arapahoe County, Colorado, described belowJ and WHEREAS, Second Party desires to purchase said parcel of land for the reason that Second Party believes that said property should be acquired by purchase or otherwise under the City of Englewood's proprietary powers nnd be used to afford parking facilities for the City of EnglewoodJ N<li, THEREFCJU:• In consideration of the mutual cOYenants and agreements hereinafter set forth, IT IS AGREED as follows, to witt lJ First Party agrees to sell and Second Party aGrees to purchase the parcel of land in the City of Englewood, Arapahoe County, State of Colorado, described as f'ollowst A tract of land in the Southenet Qunrter (S E:i) of the Southwest Quarter (Slfi) of Section Thirt7-tour (.34 )1 Township Four (L) South , Range Sixty-eight (68) West of the Sixth Principal Meridian, d.,scribed a.s follows: BIDINNING at a point which is South 890 40 1 u66 feet East and 658.76 feet North of tae Southwest (SW) ccrner of the Southeast Quarter (SE ~) of the Southwest Quarter (swt ) of said SectionJ thence Horth 10° 20' Wes t 185.78 feet; thence due West 311 f'eetJ '!'hence North 276.S feetJ thence East 484.S feet; thence South 336.74 feet more or less to point of beginning, Except that part thereof described in Deed recorded in Book 371 at page 468 on January 15, 1936. 2J Second Party agrees to pay First Party tL,364.68 ns the purchase price for said parcel of land • .3J That part of the consideration fort he sale of snid parcel of land to said Second · Party is that as soon as conveniently possible after the completion of said sale, Second Party agrees to lease the f ollowine described parcel of land in the City of Englewood, Arapahoe County, Sta.te of Colorado1 A tract of land in the Southea st Quarter (S E~) of the Southwest Quarter (SW~) of Section 'nlirty-four (JL), Township Four(L ): South, Range Sixty-eight (68} West , described as follows: BEGilmING at a point whic~ is South 890 uO' 486 feet East and 733.09 feet North of the Southwest (SW) corner ot the Southeast Quarter (SE *) of the Southwest Quarter (SW ~) of said Section; thence North 7rl' 20 1 West 516.1 feetJ thence North 91.02 feet, more or less; thence East I I I I 484.S feetJ t~ence South 262.41 feet, more or less to point of beginning, to a Corporation to be formeed by the Merchants of Englewood Shopping Center as a parking lot for employees of said Merchants, for a term of TEN (10) YEARS at a rental of One Dollar (tl.00) per year, said lease to cover the following matters and others customarily inserted in leases1 (a) IT lS AGREED that the Corporation of the Merchants of ENGIEW IOD SHOPPING CENTER as part of the consideration for aid lease will surface the land, blacktop said surface and install electric lighting, and maintain such facilities, (b) Second Party agrees to provide the necessary richt of way for ineress and egress of said lot and will grant by ordinance or otherwise, a right of way to said lot just North of Dry Creek, and also will grant a permit to widen the curb-cut to 20 feet, (c) First Party agrees to place steps from said parking lot to the sidewalk along the South aide or the City Hall and widen said sidewalk if deemed advisable, (d) IT lS FURTHER UNDERSTOOD AND AGREED that said lease shall pr:>vide that the Merchants ot ENGL&lOOD S fOPPING CEHTER will have the exclusive use of said parking lot as a parking lot for the cars of the employees employed by them. Provided, however that said parking lot shall be availabe for use by the General Public on Sundays and Holidays, and that 15 spaces will be provided for the general public at all times. IN WITNESS WHEREOF, the Parties hereto ha ve hereunto set t~~ds~d seil!s the day and year fir st above written. ATTESTt C • D. Willia.ms, Secretary A'M'EST1 J. L. Barron, City Clerk Shopping Centers, Inc. BY Paul D. Ambrose, President HIU It THE CITY OF ENGLEWOOD, COLORADO BY Harry G, Weigand, Mayor Whereupon the f ollwing resolution was presented and read. WHEREAS, Shopping Center, Inc., is the owner of land adjacent to the City Park of Englewood, which land is more particularly dwscribed as follows1 A tract ot land in the Southeast Quarter (SE4) of Southwest Quarter (SWi) ot Section Thirty-four (34), Township four (4) South, Range Sixty-eight (68) West ot 6th Principal Meridian described as foll ... • B!DINHIID at a point which is South 89° 40' 466 feet East and 6$8.76 feet North or Southwest (SW) corner of Southeast Quarter (SEt) of "1arter (SW~) of said Section; thence North 70" 20 1 West 185.78 feet; thence due West 311 feetJ thence North 276.5 feet; thence East 48L.5 feet; thence South J.36.74 feet more of less to point of beginning, except that part thereof described in deed recorded in Book .371 at Page 468 on January 1$1 19.36, and WHEREAS, in the opinion or the City Council of the City of Englewood it is deemed adYisable and necessary that the City of Englewood purchase the said tract of land, and WHEREAS, the Shopping Center, Inc., has executed an agreement providing for the sale of said tract to the City of Englewood in consideration of the sum of Four Thousand Three Hundred Sixty-four and 68,71.00 ( t4,J64.68) Dollars· and in further consideration that the City of En el ewood lease to the Sa id Corporation that portion of said tract of land lying North of Little Dry Creek, NCli, THEREFcmE, BE IT RFSOLVED, that the City Council of the City of Englewood, State of Colorado, does hereb7 authorize the City of Englewood to enter into the atorementioned agreement and the Mayor is hereby authorized to execute the said agreement on behalf ot the City of Englewood. /.J~ G-. wuflnP-. ~ /City Clerk PASSED and ADOPl'ED by the City Council of the City of Englewood, Colorado, this 10th day of January, A. D. 1955 Councilman Cushing, Moved) Parker, Seconded) That the above Resolution be passed and adopted. ROLL CAI.L). Banta, Absent. Cushing, Aye ft:Cabe, Aye AYES t Eight. Parker, Aye Purcell, Aye Rapp, Aye NAYSt None Roboi., Aye Weigand, Aye Wr~ht 1 Aye ABSEHT1 One There being no furthur business t o come tietore the Council. Councilman Purcell, Moved) Cushing, Seconded) That Council adjourn. ROLL CAI.Lt Banta, Abeent Cushing, A-ye ft:Cabe, Aye AYESt Eight Parker, Aye Purcell, Aye Rapp, Aye NAYS: None Robohln, Aye Weigand, Aye Wright, Aye ABSEN'l't One The Minutes of the Regular Adjourned Meeting of the City Council of the City of Engle- wood, Colorado, held this Monday January 10th, 1955, stand approved as ,J;e ''f ; this Monday the 7th day of February, 1955, A.D. ATTESTt ~ .... --.4 -<:::/f caerk I