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HomeMy WebLinkAbout1954-10-18 (Regular) Meeting Minutes~ REGULAR ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF EN GID'OOD, COLORADO, HELD MONDAY EVENn«l, OCT CE ER 18th 1954, at 8 P.M. Mayor Weigand called the meeting to order and asked for Roll Call t ROLL CALLI Banta, Present McCabe, Present Cuahing 1 Absent Jamieson, Absent Purcell, Present Parker, Absent Robohm, Present Weigand, Present Wright 1 Present PR~ENT: Six ABSENT: Three The following communications were reads A letter from Wilson P. Walcher submitting his resignation as Police Magistrate, becauae or being recalled to Service. A letter from Mr. Cooley requesting the cancellation of the lease of Engl.91ood Gun Club. The curbs and gutters on Bellewood Drive and Penwood Circle having been put in late 1n September, to late for the 19S4 street program and having been collllitted. Col.UlC:ilman Purcell, Moved) ROLL CALL: Wright, Seconded) That these streets be given consideration tor the year 1955. Banta, qe McCabe, Aye Cushing, Absent AYESJ Six Jamieson, Absent Purcell, Aye Parkl!! r, Absent NAYSt None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: Three Mr. Ambrose stated there should be outlets on Ba nnock Street for the parking lot and was told. Thia would be invesi.'gated and if possible the City would allow this be done. Mr. George Mason ot 3790. s. Fox asked the Council not to open the all97 through his property as it would put his house within Jt feet of the alley and would place his back yard accroas the alley,he stated he was willing to give access road from the alley to the street. He was told to see the planning Commission. Mr Charles Allen, Chaiiwan of Water Advisory Board, recommended to the Council that the Citf of Englewood pay 11000.00 to participate in the cloud seeding program. Councilan McCabe, Moved) ROLL CALL: Wright, Secorrled) Th 2t the City pay to the Water Resouraes DeVelopment $1000.00 for participations cloud seeding. Banta, Aye McCabe, Aye Cushing, Absent AYES 1 Six Jamieson, Absent Purcell, Aye Parker 1 Absent NAYS: None Robohm, Aye Weigand, Aye Wright, Aye ABSENT : 'nlree Clerk read a letter from the NeTada Ditch Co., stating there would be a meeting of the ahareholda Monday, November 1st at 2:00 P.M., City Hall, Littleton. Council-.n Robohm, Moved) ROLL CALLI Purcell, Seconded) That Attorney Marc Shivers, be appointed to represent the City of Englewood. Banta, Aye McCabe,~ Cuahing, Ibsent AYES1 Six Jamieson, Absent Purcell, Aye Parker, Absent NAYS: None Robohm, Aye Weigand, J.ye Wright, Aye ABSPllT: Three • , I I I I I I Att0n1ey Marc o. Shivers, Jr. presented and there was read a Resolution changing the Agree•nt made to the Jlt>ffact Tunnel Water and Development Co. which reads Union National bank of Deaver, Trustees, to read the Englewood State Bank, Truatees, Englewood, Colorado. RES 1LUTION WHIRBAS, on October 4, 1954, an Ordinance was initiated on first reading concerning the depository for funds from the purchase price of certain water rights from the Moffat Tunnel Water and DeTelopment Company for the purpose of paying litigation expense, which depository wa s stated to be the Union National Bank of Denver, and WHERF.AS, said Bank, of its own volition, declined to act as the depository for said funds, and WHEREAS, representatives of the Moffact Tunnel Water and Development Company and the Water Advisory Board of the City of Englewocxl, have conferred and selected Inglewood State Banlc, F.nglewood, Colorado, as the substitute for the said Union lational Bank of Denver, NClrl, THEREFORE, BE IT RESOLVED that Englewood State Bank, Englewood, Colorado, is llesignated as the depository for the Trust Account under the agreement between the City of F.nglewood, Colorado, and the Moffat Tunnel Water and Development Company, which account is established forthe purpose of paying litigation costs in accordance with the terma of said Agreement and the subsquent Ordinance initiated by the City Council of the City of Englewood, October 4, 1954, arx:l the deposit of said funds in said Bank and the signing of the Escrow Agreement with said Bank, is hereby ratified am confirmed. hlcwWi G- ATTEST: q~ -~~~ PASSE D and ADOPl'ED by the City Council of the City of Faglewood, Colorado, this day of October, A.D. 1954. · -- ROLLO\LL1 RICHARD L. BANTA, JR. COLBERT E. Ct5HING PAUL C. JA~ON c. H. McCABE B.B. WRIGHT CHALMERSE A • PARKER RICHARD J. PURCELL LEONARD A. ROBOHM HARRY B • WEIGAND Councilman Banta, Moved) rloboha, ~econd.ed) That the above Resolution be adopted. ROLL CALLI Banta, Aye McCabe, A-ye Cushing, Absent A~: Six Jamieson, Absent Purcell, Aye Parker, Absent NAYS1 None Robohm, Aye Weigand, Aye Wright, Aye ABSENT : Three City Attorney Marc o. Shivers, Jr. presented and there was read the following application for a Restaurant and Hotel Liqour License. Applicants Elmr L. Ausfahl and Harold R. Ausfahl doing business as Auatahl and Auafahl trade name Loop Kitchen Cafe, a Co-partnership, located at JS24-26 So. Broam.a,., ~lewood, Colo. Councilman Wright, MoYed) ROLL CALLI Banta, Seconded) That the above application be received, the premises posted and a hearing be held the night of November 15th, 19.54. Banta, Aye McCabe, Aye Cushing,, Absent A!FS1 Six Jamieson, Absent Purcell, Aye Parker, Absent HAYSI None Robohm, Aye Weigand, Aye Wright, Aye AB.SENT: Three City Clerk presented and there was read the fo l lowing application for a transfer ot ownership of the following liguor store. The Glass Bottle, 3439 s. Broadway, now owned by Mamie A. Fayraa, to be purchased by Martha E. Davis. Councilman Banta, Moved) ROLL CAIJ,: Purcell, Seconded) That the above application be receiv~d and the Police make proper investigations as to the qual~fications of the new applicants. Banta, Aye K:Cabe, Aye Cushing, Absent AYES: Six Jamieson, Absent Purcell, Aye ·Parker, Absent NAYS: t;one Robohm, A.ye Weigand, Aye Wright, Aye ABSENT: Three Reverend Edwards ot the Wesleyan Methodist ChUE"ch presented a letter from the Planning Commiss1on ·reco111Dending the rezoning of a 7S x 125 foot plat at Tufts Avenue and Fox Street from R-lA to R-2 use in order to permit construction of Englewood Wesleyan Chapel. Cotmcilmn Roboha1 Mewed) ROLL CALL: Wright, Seconded) That a notice be published and a hearing be held November 15th. Banta, Aye McCabe, Aye Cushing, Absent A~: Six Jamieson, Absent Purcell, Aye Parker, Absent NAYS: None OT ICE Robohm, Aye Weigand, Aye Wright, Aye ABSENT: Three TO WHClf IT MAY CONCERN: All cit~ens and parties in interest are hereby notified that the City Council of the City of ~glewood, as the legislative body of said City, upon petition and recommendation ot the Planning Commission of the City of Englewood, on its own motion, pursuant to Section 16, Ordinance No. J, Series ot 1940 of the City of Englewood, Colorado and Sections 19 and 20 1 Chapter 26, 193.5 C. s. A., as Amended, intends to introduce an Ordinalce on the 15th day of November, A. D. 19.54, amending said Ordinance No. 31 Series ot 19401 City of Inglewood, Colorado, and the Building Zone Map which constitutes a part thereof, changing the zoning and regulating the following described areas as foll0t1s, to-wits Lots 19 and 201 Morse Subdivision from an "R-lA" District to an "R-2" Distric:t. Public hearing will be had upon said proposed amend1ng ordinance at which parties in interest and citizens shall have an opportunity to be heard, at 8100 P.M. on the 15th~ ot November, A. D. 1954, in the City Council Chambers at the City Hall .. of the City of Englewood, as provided ~ statute. By order of the City Council of the City ot &l glewood, Colorado. ~~~e· ._ . Y r The letter from Cooley GraTel Co. was introduced and read at this time stating they would need the land now lease• to the Englewood Trap and Gun Club, whereupon1 Councilman Wright, Moved) ROLL CALLI McCabe, Seconded) Th a t the Englewood Ti-ap and Gun Club be notified that their lease would not be renewed January 1st, 1955. Banta, Aye K:Cabe, A-ye Cushing, Absent ADS1 Six Jamie son, Absent Purcell, Aye Parker, Absent HAYSI None Roboha, 'Aye Weigand, Aye Wright, Aye ABSENT: 'nlree I I I I I I I ·I City Clerk read resolution regarding the use of City owned land by the School and the widening of Logan Street at Mansfield • After discussions Counc ilEn Robohll, Moved) Banta, Seconded) That the school board and City Council should meet next Mondny evening 25th at City Hall to agree upon a plan suitable to both. ROLL CAI.Lt Banta, Aye McCabe, Aye Cushing, Absent AYIBt Six Jamieson, Absent Purcell, Aye Parker, Absent NAYS 1 None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: Three Mr. Boba.y having filed a petition for annexation signed by all the owners, City Attorney presented and there was read the follwing Resolution. RESO L. ;TION WHEREAS, the owners of more than fifty (.5o%) per cent of the territory hereinafter described, also comprising more than fifty (50%) per cent of the resident land owners in said territory, have filed a petition to annex to the City of Englewood the territory described as follows: and All of Blocks one (1), Two (2) and Nine (9), F. P. Gumaer's Broadway Heights; WHEREAS, said petition fulfills all of the requirements of Chapter .31Ji, Colorado · Session Laws of 1947, NCJN, THEREFORE,, BE IT RESOLVED that said Petition be, and the same is hereb71 accepted by the City of Englewood, Colorado, and Notice of Acceptance shall be published ih the Englewood Press for three sucessive weeks beginning with the 21st day of October,· A.D. 1954, in accordance with the statutes in such cases made and provided. f9 "" w..rvL rr v-~ 011Vlg ATTEST: PASSED and ADOPTED by the City Council of the City of Englewood, Colorado, this ·18th day of October, A_. D. 1?54. Richard A. Banta Glarence H. McCabe Colbert Cushing Councilman Robohm, Moved) ROLL CALL Paul E. Jamieson Richard J. Purcell Chalmerse Parker Leonard A. Robohm Harry G. Weigand B. B. Wright Purcell, Seconded) To adopt the above resolution ROLL CALL: Banta, Aye McCabe, Aye Cushing, Absent AYESz Six Jamieson, Absent Purcell, Aye Parker, Absent NAYSt None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: Three The Clerk introduced and read the letter of resignation of Mr. Walcher as Police Magistrate: ~hereupon: Councilman Wright, Moved) McCabe, Seconded) 'l'hat Mr Walchers resignation be accepted. ROLL CA IJ..: Banta, Aye McCabe, Aye Cushing, Absent AYES: Six Jamieson, Absent Purcell, Aye Pa rker, Absent NAYS: None Robohlll1 Aye Weigand, Aye Wright, Aye ABSENT: Three ') Councilman Banta, Moved) Robohm, Seconded) To appoint Mr. William YolD'lg as fE JM; Police · ROLL CALL: Banta, Aye McCabe, Aye Cushing, Absent AYES: Six Magistrate. Jamieson, Ab sent Purcell, Aye Parker, Absent NAYS: None lobohm, Aye Weigand, Aye Wright, Aye A~ENT: Three The f oll oving bill for an ordinanc e was presented and read in fulls BI LL A BILL FOR AN ORDlHANCE APPROPRIAT nm s tJ)I) FOO ALL MUNICIPAL PURPOOES IN THE CITY OF EM:JLEWOOD, COLCRAOO, IN THE FISCAL YEAR BEXHNNING JANUARY 11 1955, AND ENDING DECEMBER 31 1 1955, CONSTITUTING WHAT 15 TERMED THE ANNUAL APPROPRIATIOO BILL FOR THE FlSCAL IEAR 1955. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGI&IOOD,COLORAD01 ~ Section le That there be and there is hereby appropriated from the revenue derived ~ from taxation in the City of F.nglewood 1 Colorndo, from the collection of License Fees and from all other sources of revenue during the year beginning January 1, 1955, and ending December 31, 1955, the a mounts hereinafter set forth for the objects and purposes specified arxi set opposite thereto specifically as follows, toawit1 le City Manager and Governing Boord 2. Finance Department J. General Government Expense 4. Fire Depa r tment 5. Police Department 6. Public Library 7. Public Works Departments: A. Engineering Division lf • .Street Division c. Parks and Recreation Division D. Sanitation Division TOTAL $15,150.00 7,250.00 126,900.00 38,510.co 80,980.00 10,000.00 2u,090.oo lliJ,o6o.oo lJ,600.00 4J,4oo.oo $ 499,ooo.oo Section 2. That all monies in the hands of the City Clerk or to come into his hands for the fiscal year of 1955 may be applied on the outstanding claims now due or to become due for the s a id fiscal year of 1955. Section .3• That all unappropriated moneys that may come into the hands of the City ~rk during the )"8Ar 1955 may be so distributed a mong the r e spective funds herein a8 the City ~ouncil may deem best under such control as is prescrib~d by law. Section 4. That during and a t the close or the fiscal year 1955, any surplus money in aey of the respective funds, after all cla ims for 1955 against the same have been paid, may be distributed to any other fund or funds in the discretion of the City Council. · Section $. The City Council hereby finds, determines and declares that this Ordinance is necessary for the immedi a te preservat ion of th e public peace, health, safety and convenience. Section 6. In the opinion of the City CoW1cil an eroorpncy exists; THEREFORE, this ordfunce sfiall take effect and be in force from and after its final paaoage and publication. PASSED on t 'irst Re a ding by the City Council of the City of Englewood, Colorado this 18th day of October, A. D. 1954, and ordered published in the Englewood Press. PASSED AND ADOPI'ED on le~inal reading by the City Council of the City of Englewood, Colorado 1 this ~ ·; day of , A • D • 1954, and ordered publ ish~d in the En glewood Presa. Councilman Robohm 1 }obved) Purcell, Seconded) ROLL CALL1 Banta, Aye McCabe, Aye Cushing, J.bsent AYES: Six fJ~CW,~ yor c .&.'he above bill for an ordinance and ordered publis hed ln the En glewood Press. Jamieson, Absent Purcell, Aye Parker, Absent NAYS: None Robohm, Aye Weigand, Aye Wright, Aye ABSENT : Three I I I I I l I I Councilman McCabe asked t o b e excused a t this time. Clerk read Ordinance No. , Series of 19 1 AN ORDillANCE AMENDING ORDINANCE NO. 31 SERIES OF 1940 1 OF THE cI't'rOF ENGIEWOOD, moRADO , ENTITLED: " AN ORDINANCE FOR ZONillG THE CITY OF E~IEWOOD, TO RIDUIATE THE LOC ATION, APPEARANCE, SIZE, CHARACTER AND USE OF BUILDmGS HEREAFTER ERECTED OR ALTERED, AND FOR SAID PURP00:&5 TO DlVIIB . THE CITY INTO DISTRICTS~ PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS PROVlSIONS, AND TO PRC71IDE FOR TI'S ENFORCEMENT AND A BOARD OF ADJUSTMrnT,SUCH REGULATION BEmG NEC:&5SARY FOR THE GENERAL WELFARE OF THE COMMUNITY". AND THE BUI LDING ZOOE MAP IN CONNECTION THEREWITH. Councilman Banta, Moved) Wrieht, Seconded) ROLL CALL: Banta, Aye McCabe, Absent Cushing, Abs ent AYF.S: Five 'l'hat Ordinance No. , Series of 19 _, just read ~e introduced and passed on second reading as Ordinance No. 211 Series of 1954, and ordered published in the ~lewood Press. Jamieson, Absent Purcell, Aye Parker, Absent NAIS: .None Robohm, Aye Weigand, Aye Wright, Aye ABSENT: Four . Clerk read Ordinance No. , Series of 19 , anORDJNANCE REXlUIATillG PA P.KING IN THE PARKillG LOT m THE )j00"'9BLOCl BE'l'WEEX S'5lffit ACOMA STREET AND SOUTH BANNOCK STREET AND PROVIDD1G PENALTIF.S FOR VIOUTIONS THEREOF. Councilman Robohm, Moved) Purcell, Seconded) 'fhat Ordinance No. , Series of 19--! just read be introduced on-5econd Reading as Ordinance No. 22 1 Series of 1954, and ordered published in ROLL CALL: Banta, A-ye McCabe, Absent Cushing, Absent AYF.s: Five the ~L le wood Press. Jamieson, Absent Purcell, A-ye Parke r, Absent NAYS: Nom Robohm, Aye Weigand,, Aye Wright,, Aye ABSENT: Four Clerk read Ordinance No. ,.Series of 19 , AN ORDINANCE RATIFYING AND APPROVING THE EXECUTION OF AN AGREEMENT BETWEEN THE Ctl'rOF ENGWiOOD, COLORADO, AND THE K>FFAT TUNNEL WATER AND DEVELOPMENT CO., A COLORADO CORPORATION, HERETOFORE EXECUTED ON THE llTH DAY OF AUGUST, 1954, FOR THE PURCHASE OF CERTAIN WATER RIGHTS: AND AUTHORIZING AND DIRECTlNG THE UECUTIJN OF A PROMISSORY NOfE FCR THE BALANCE OF THE PURCHASE PRICE OF SAID WATER RIGHTS AND AUTHCRIZINCJ THE PAYMENT OF SUM:> NOtJ DUE UNDER SAID HEREINBF..FORE DESCRIBED AGREEMENT• Comcilman Wright, Robohm, Moved) Seconded) That the above Ordinance No. , Series of 19 , just read be introduced and passed on ROLL CALLS Banta, Aye McCabe, Absent Cushing, Absent AYE.5: Five second reading as Ordinance No. 23 1 Series of 19$4. Jamieson, Absent Purcell, Aye Parker, Absent • .NAYS: None Robohm,, Aye Wei gand, Aye Wright, Aye ABSENI' : Four Clerk read Ordinance No. 1 Series ef 19 , AN ORDINANCE VACATING THE FOLLOWING D:&5CRIBED !AND: BID:DlNING-nri. FEET WE.5T OF THE NORTH EAST CORNER CF BLOCK 1 , MANSFIELD ' ADDITIOO, THmCE lmST AIDfO THE SOUTH LINE CF EAST IEHIGH AVENUE A DISTANCE OF ll03 ''\. FEET MORE OR LESS, TO THE NORTH WFST CORNER OF BLOCK $ MANSFIELD ADDITION, THENCE NORTH A~G THE EAST LINE OF SOUTH LOOAN STREET A DISTANCE OF 60 FEET TOT HE SOUTH WEST CORNER OF BLOCK 1, MITCHEM'S SUB DIVlSION, THENCE EAST AIDNG THE NORTH LINE OF EAST LEHIGH AVENUE A DISTANCE OF 1103 FEET MORE OR IBSS, THENCE SOUTH 60 FEET TO THE POINT OF BEGINNING. Comcilman Robohm, Moved) Purcell Seconded) That Ordinance No. , Series of 19 , just read be introduced am passed on second reading as Ordinance No. 24, Series of 1954. ,~ ROLL CALLI Banta, Aye McCabe, absent Cushing, Absent AYESz Five Jamieson, Absent Purcell, Aye Parker, Absent NAYSz None Robohm 1 Aye Wei gand, Aye Wright, Aye AmENT1 Four There was presented a release for claim for property dama ge caused by James R. T0118r r1.D'llling into a tree, Insurance compan J paying to the City 25.oo. ColDlcilman Robohm, Moved) ROLL CALLz Purcell, Seconded) That the Mayor be authorized to sign the above release. Banta, A-ye McCabe, Absent Cushing, Absent AYES: Fi ve Jamieson, Ab sent Purcell, Aye Parker, Abs e nt NAYS1 None Robohm, Aye Weigand, Aye Wright, Aye AffiENT : Four Consulting Engineer Dale Dea discussed proposal for elevated storage and an additional floculator. After discussion it was deemed advisable to have all councilmen present, so ··~his was tabled for the meeting of November 1st. ' ~~City Attorney Wm Bodan presented signecf option on a parcel of land being purchasecf from 1 ~' \ Geo. M. Hesse, purchase price being $ll,500. with a deposit of $3 1 000. ' Councilman Robohm, Moved) ROLL CALLI Purcell Secorrled) Th a t the Mayor be authorized to sign the above option and Clerk a ttest the same and a warrant be drawn paya ble to Mr. Geo. M. Hesse for 13 1 000. as deposit an same. Banta, Aye McCabe, Absent Cushing, Absent AYE5z Five J a mieson, Absent Purcell, Aye r arke r, Absent NAYS1 None Robohm, Aye Weigand, Aye Wright, Aye ABSENTz Four There being no furthur business to come before the Council. Councilman Banta, Moved) Purcell, Seconded) That the Council Adjourn. ROIJ, CALLI Banta, Aye McCabe, Absent Cushing, Absent AYE51 Five Jamieson, Absent Purcell, Aye Pa rker, Absent NAYS1 None Robohm, A-ye Weigand, Aye Wright, Aye AB.5ENT I Four The Minutes ot the Regular Adjourn meeting of the City Council ot the City of Englewood, Coloracb, held this Monday October 4, 1954, stand approved as £.f'lihis Monday the 1st day of Nov ember 1 19S4e lj ~ (j I Wiiq M?9 gr I I I