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HomeMy WebLinkAbout1954-07-19 (Regular) Meeting Minutes~ ~· ~ r: REXWLAR., MF,ETING OF Ti.rE CITY ·COUNCIL OF THE CITI ENGLEWOOD, COLORA DO, HELD MONDAY JULY 19th, 1100 P.M. Mri.yor Weigand called the meeting to order and asked for Roll Call. ROLL CALLI Bant a , Present Chasteen, ~resent Cushin&, Present . Jan i e son, Absent Robohm, Present McAlister, Absent Weigand, Present Pa rker, Pre sent Wright, Present PRESENT: Sev en ABSENT: Two Clerk rea d the following pommunicationst A letter from the Planning Commission recommendtn& tha t the City Attorney shoUld check and approve all Sub-division Plats and a line h e provided on the Plat for his signature and presented the tollowinga " I hereby cer tify that I have examined the Abstract ot tltle to the land described he reon, and find the title to the streets, courts~ avenues, alleys, and easements to b e in the abo~e na JTed d e dic at e~~, this _day or A.D., 19 , at o'clock m., free an d c lear :-'" encumbrandil"a ccording to said Abstract.• Si~ed , ~t t orn ey for City of Englewood. A letter f rom the Pl.snning Commissio~ recommend1~he change of zonin& of the North JOO rt. of the.East l of Block 5, Lo ean cm le, lots 37 thru LB. Clerk rend a lettPr from Fred JP~!P ll n ~f e r i n g his r e siena tion as Police Magistrate and the reply written by the Cit y Clerk acceptinc his resignation. Councilman McAlister en t ered a n ~ e o.t ed with the Council. .Attorney Joe Esch presented a pet i tion for r.r.n exat i on an d a Plat as follows: Blocks )1 4 and 8, Gumaer's Broa d ay Heiehts, all that portion of Section 91 Township 5 South, Range 68 West of the 6th Principal Meridian, cont.ained within the followin& described boundaries: Be&innin& at the point or intersect i on of th e center line· of South Jason Street and the center line of West , Stanford Avenue; thence South alon& the center line or South Jaaon Street to the center line or West Tufts Av Pnue; thence East alonb the center line ot West. Tutt• Avenue to the center line of South Inca Street; the nce South alon& the center line or South Inca Street to the north l i n e of West Union Avenue; thence 1'ast alona the north line ot West Union Avenue to the center line of South Huron StreetJthence North alon& the center line of South Huron Street to the center line or West Stanford Avenue; thence West along the center line of West Stanford Avenue to the point of beginningJ Councilman Robotu&, Moved) Banta, Seconded) That petition an~ plat be received and checked by the IOLL CALL1 Banta, Aye Ch a steen, Aye Cush ine, Aye AYES: Eight City Attorney. · Jamieson, Absent McAlister,' Aye Parker, Aye NAYS: None Robotun, Aye Weigand, Aye Wright, Aye ABSENT: One The followin& Bill wa s rre s e nt€'d o.n ri r ea i l n f ul l: BI LL FOR AN ORDINANCE AMENDING OR OINJtNCE MO. l:, SERIES OF 19401 'JF THE CITY ~ ENGt v'OOD, COLCJU.DO, !RTITLEDJ " AN ORDINANCE FOR ZONING THE CITY CF !XlIA100D, TO RIDULATE THE LOCATIClf, APPEAJtU•'CE, SIZE, CHARACTER AND USE OF BUILDINGS HERF.AFTER .ERECTED OR AL'l'ERED, ilD P'(JI SUCH PURPa;~' TO DIVIDE THE cm IllTO DISTRICTS' PRESCRIBE PERALTIES FOR THE VIOLlTICJI OF ITS PROVISIONS, A?.i f1 TO PROVIDE FOR ITS mFORCEMENT AND A BOlRD OF ADJUSTMllll• SUCH lmlULlTION BEING NECESSARY FOR THE GENERAL WELFARE OF THE COMMU?IITY" 1 BY CHANGING THE ZCIJI?fi...'1f THE NORTH 452.8 FEET CF THE lt'EST OME*HALF OF BLOCK 31 LCXJANDALE, AND Tiii FAST 00 ... OF BLOCl ), LOOANDALE, P'RCJ.1 "A-1" DISTRICTS TO "R-1" DISTRICTS, WITH THE PU!rf'HBR R~TRICTIONS AS HEP.EIN SET FORTH• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLD:OOD, COLORADOt Section lt That pursuant to Section 161 Or rt in ~nc e No. J, Series of 1940 as allove entitled, and Chapter 26 1 Sections 19 a nd 20 1 1935 C. s. A., as Amended, the North 452.8 feet of the West one-half of Block J, Logand a le,. be, and it is hereby, removed from the use, height and area reg ul a tions of Section 6, Ordinance No. ), Series of 19401 •A-1" .. 55.~ ,. 554 Farm Residence District regulat io"s, a nd that said property be, and it 11 hereby, desiin&ted as an "R-1" Residence District, subject to the use and height reiulations of said Section 3 1 and subject to the further restriction tha t each residence erected thereon must have a minimum square footage of 850 squa re fe et, exclusive of garage and breezeway, each residence site must have a fronta ~e of 56.5 f eet and a lot area of 7o60 square feet. Section 2t Th a t the F.a.st One-half of Block J, Logandale, be, and it is hereby, removed from the use, height and area regulations of District regulations, and that said propertJ° be, and it is hereby, desi&nated as an "R-1" Resiice District, subject to the re1ulat1-la of Section 31 Ordinance No. 31 Series of 1940, and he further re&ulation that 911Ch buildin& site have a fronta ge of 60 f eet and a lo area of 7200 square feet, and that each residence erected thereon have a min imum of 850 square feet, exclusive of &arage and breezeway. Section .31 That all requirements concerning notice and hearing have been accompliahed in accordance with statute. Section 4t That the Buildin& Zone Map attached to Ordinance Ho • .3 1 Series of 1940, be, and it is hereby, amended to show t he property herein described as a residential area. Section St The City Council hereby finds, determines and declares that this Ordinance 18 necessary for the immediate preservation of the public peace,· health,. safety and convenience. Section 6t In the opinion ot the City Council an emergency existsJ therefore, this Ordinance shall take effect and be in force from and after its final passage and- publication. Passed on First Readini by the City Council of the City of Englewood, Colorado, this 19th day of July, A. D., 19$4 and ordered published in the Englewood Press. ATTESTt ~ G-.w;.J~g May pr crty· Cle itC Council.nan Cushing, Moved) Wright, Seconded) That the a bove Bill be passed on first readin& and published in the Englewood Press. ROLL CALL: Banta , Aye Chasteen, Aye Cushing, Aye Ayes ; Eight Jami es on, Absent McAli ster, Aye ~ar ker, Aye Nays; No ne Robohm, Aye Weigand, Aye Wright, Aye Absent: One Attorney M. O. Shivers presented and there v.·as r ead the fol lowing Notice. NaI'I-CE :: TO WH~ IT MAY CONCERNi • }11 citizens and parties in interest are hereby notified that the City Council ot the Cit7 of Englewood, upon its own motion, pursuant to Section 16, Ordinance Ko • .31 99".e• ot 1940 of the City or Englewood, and Sections 19 and 20, Chapter 26, 193S C.S.l .. a• !Jlended, upon recommendation of the Pl ~nning Commission of the City ot ln&lewood, intenct. to int roduce an ordinance amendin ~ Ordinance No. J, Series of 1940 of the City of ... 1.-ood, Colorado, and the Building Zone Map constituting a part thereof, ch&n111\Jthe zonina ot the following deaeribed property as follows, to-wit: Lots .37 through 48 inclusive, Block 5, LOO ANDALE, from an "A-1" J)i s trict to an "R-1" Dis t rict with the furthe r r e striction that each buildinc side have a minumum f rontage or 60 feet and a minimum lot a rea of 7200 square feet, and that each residence therP.on have a minimwn · of 850 square reet in sise, exclusive of garage and breezeway. Pu blic hearine will be ha d upon s a i d proposed amendat ory ordinance at which partie• in interest and citizens shall have an opportunity to he heard, at 8tOO P.M. on the 16tJt day of August, A . D. 1951i 1 in t he City Counci l Chambers of the City Hall of the City of Englewood, as provided by stc tute . BY ORDER OF TJ.JE CITY COUNCIL (Ji' THE cm OF ENGLE\·TOOD, COLORADO. CI ty -ClelHC .. . .- I I ' ·I .. ' I Councilman Robohm, Moved) Cushing , Seconded' Thatthe above Notice published in the Englewood Press of July 22 and a hearing be held August 16, 19~. ROLL CALLI Ba nta , Aye Chasteen, Aye Cushing, Aye AYES: Eight Jami e son, Absent McAlister, Aye Pa rker, Aye NAYS: None Robohm, Aye Weigand, Aye Wri cht, Aye ABSENT: One The City Clerk informed the Council th ~t a n Ordinance, introduced, read in full for the first time and ordered published at the r egul a r me e ting of the City ColDlcil held on the 6th dny or July, 1954, was duly published in full in the Englewood Press, July 8th and 15th, 1954. The City Clerk than r ead Orrl~na nce in full for the second time as Ordinance No. 12 1 Series: of 1954. Councilman Banta, Mov ed) - Ch a steen Seconded) Th a t the above Ordinance be passed on second readin& a s Or dina nce No. 121 Sert~s of 1954,, a.nd be published in the Engl ,wood Press. ROLL CALLI Banta, Aye Ch a steen, Aye Cushin c , Aye AYES: EiLht Jami e son, Absent McAlister, Aye Pa rke r, Aye NAYS: Non e Robohm, Aye Weigand, Aye Wri~ht, Aye AB SENTS One 'nle Public Service Co. requested permission to cross under the proposed Logan Street brid&e across Little Dry Creek with e a s main a nd presented pencil detail• on drawin&s. Col.lllc ilman Cushing, Moved) Wright, Seconded) That the Public Service Co. be allowed to proceed u requested. ROLL CALL: Banta,.Aye Chasteen, Aye Cushing, Aye AYES: Eight Councilman Robohm, MC'v~d) Jrunieson, Absent McAlistc r, Aye Pa rke r, Aye NAYS: 1\fone Robohm, Aye Weigand, qe Wright, Aye ABSENT: One Pa rker, Seconded) That Mr. Wilson P. Walcher, an At t ornq-at-law be appointed a s Po lie e Mag is tr ate 1 ef'f ective Friday 16th day of July 195L. ROLL CALLr Banta, Aye Chasteen, Aye Cushing, Aye AYmi Eight Jamieson, Absent Mc Al is ter, Aye Pa rker, Aye NAYS: NG>ne Robohm, Aye Weicand, Aye Wrieht, Aye ABSENT: One City Attorney Wm Bodan, Jr., reported tha t th e Rossiter vs City o! Englewood suit had been dismissed. . will in& City Attorney Wm Bodan stated that the Bowes Firm of Appraise r s werelto proceed with the appraisals of land from Bannock Stre et to Clarkson Streets for the approximate tee of $1700.00. Col.Ulcilman Cushin&, Moved) Parker, Seconded) To accept the above proposal ROLL CALLI Banta, Aye Chasteen, Aye c!ushin&, Aye AYES: Eight Jamieson, Absent McAl ister, Aye Parker, Aye WAYS: None Robohm, Aye Weigan~, Aye Wright, Aye ABSENT: One • ( L It was moved by Councilman Robohm and 8econ ded by Chasteen, that the City of n&lewood proceed to purchase a.11 of the water filings, water decrees, water appropriations, ri&hts of way and all other riGhts ap purtenant to them; now cnmed by the Moffat T\mnel Water and Development Co., A Colorado Corporat ion, nt a gross price of $500,000.00, said price to be pa.id $1So,ooo.oo 1n cash as soon as said money can be obtained by the issuance or water bonds, and the balance ot ~350 1 000.00 to be paid in annual installment!l of $2S,ooo.oo per year, said balance to be evidenced by a non-neeotiable note beari.Jli interest at two c2•> per c9nt per annum, J>&7&ble annually. That said purchase further require th at t he corpora t ion set aside Ufl to t75,ooo.oo tor liti1ation and prelimina ry eneine er in r. eJrpen s e, $50,000.00 from the down payment, llS,000.00 from the first a.nn~.l pay Ment, and $10,000.00 f rom the second annual payment, and that the Corpora tion be fully responsible for diligence upon it• water rights up to the date or transfer, and t ha t payments upon th e within described indebtedness sh211 cease it said water rights are Toided by Court action due to failure of dilfience on the part ot the Corporation prior to trnns!er to the Cit;y 1 and further, that the purchase price be reduced on a pro rata basis 1t B ~id ~ater richts be reduced in amount by Court action due to failure ot diligence by the Corporation prior to transfer. . Further, that the Mayor of the City of En gl e wood be authorized to execute and the Clerk authorised to attest, any a nd all documents necessary in connection with tbis purchase, and that an Ordinance ratifying and confirming their actions be introduced and passed I... on first readini 'ilJiust 21 1954. /\ ROLL CALL: Banta, Aye Chasteen, Aye Cushing, Aye A~: Eight Jami P-son, Absent McAlister, Aye Parker, Aye ?JAYS: None Robohm, Aye Wtieand1 Aye Wright, Aye ABSENT: One There being no further busine ss to come b efore t he Council. Councilman Banta, Moved) Robohm, Seconded) That t he Council Adjourn. ROLL CALL: Banta, Aye Chasteen, Aye Cushing, Aye AYES1 Eight ~Tand.e son, Ab s ent ~Alister, Aye 'a rker, Aye NAYS 1 None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: One The Minutes o! the/Adjourn meeting or the City Council of the City of Englewood, Colo. held thi• Monday the 19th, day of Jul.¥ 19Sli, stand a pproved as AN~ this Monday the 2nd dq of August 1 1954 J. • D. 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