HomeMy WebLinkAbout1954-07-19 (Regular) Meeting Minutes~
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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
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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"
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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
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}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
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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
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( 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.
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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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