HomeMy WebLinkAbout1962-02-19 (Regular) Meeting MinutesCOUNCIL CH AMBERS
CITY OF ENGLEWOOD , COLORADO
FEBR UARY 19, 1962
REGULAR MEETING:
The City Counci l o f the City o f En glewood, Arapahoe County, Colorado,
met in regular session on Monday , February 19, 1962, in the Council Chambers
City Hall, Englewood, at the hour of a:OO P.M.
Mayor McLellan presiding called the meeting to order and the invocation
was given by the Re verend Wayn e Caldwell of the Wesleyan Methodist Church.
The May or asked f or roll call. Upon the call of the roll, the follow-
in~ persons were present:
Councilmen: Braun, Brownewell, Love Miles, McLellan.
Al so Present: City Manar,er Rudd,
City Attorney Esch,
Cit y Clerk Beausan g .
Abs ent: Councilmen Smukler, Woods.
The Mayor declared a quo~um present.
6 21-39 RELAT ING TO PROPOSED GREEN RIVER ORDINANCE
The City Attorn e y read his letter directed to the Mayor and City Council,
dated February 7, 196 2, which reached the conclusion that the City Council
of the City o f En glewood might enact an enforceable Green River type of
ordinance.
Mr . Donald C. Leek, 3770 South Elati Street, stated that he was local
manager for the Encyclopedia Americana, which company makes sales from
leads and solicitations of residents throughout the City. He read various
excerpts from the direct selling league as well as other legal actions that
the company had taken to protect their ri ghts as a company dealing in inter-
state commerce, therefore, not subject to local discriminatory regulations.
Councilman Braun explained to Mr. Leek the reason that this matter
was being considered by the Council, in that it was an attempt to control
the "fly by ni gh ters". He sugg ested that the fact of a company having a
local office might be included in the proposed ordinance if adopted to
prevent hardship on legitimate operators such as Mr. Leek and his company.
(Councilman Woods entered and took his seat at the Council table
at 8:27 P.M.)
Mr. Leek expressed his and his company's position on the matter as
not having objection to reasonable fees or control. Councilman Braun
asked that copies of the City Attorney's letter be provided for each
memb er of the City Council.
621-8 PROCEEDINGS OF PUBLIC LIBRARY BOARD MEETING OF FEBRUARY 6th
The City Manager called the Council's attention to the following
resolution passed by the Public Library Board at the above meeting:
R E S 0 L U T I 0 N
Whereas: In carryin ~ out the duties imposed by provisions of the City
Charter and City Ordinances on the Library Board, the Board with
the approval o f the City Manager and Council requested that a survey
and assessment o f the needs of the Library over the next decade be
made, and
Whereas: The said survey was received and accepted by the Library Board
and transmitted to the City Council to serve as a working basis for
planning the f uture development of the Library, and
Wh ereas: Acquiring adequate library facilities and achieving the service
the residents o f En ~lewood need and deserve requires a close adherence
to this proposed development plan, and
Wh ereas: One o f the stated objectives of the proposed Metropolitan Capital
Improvement District was providin g adequate library service to resi-
dents of Englewood, and
Wher eas: Fulfillin~ the foregoinp ohjectives is the proper duty of the
Library Bo ard and the Librarian,
NOW, THEREFORE BE IT RESOLVED:
That the Englewood Lihrary Board adopt the re port of Dr. Wyer as a basis
for planning:
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Minutes of February 19, 1962
1. Library Building. Adequate facilities are essential for good li-
b rary service and are a orimary goal for a modern library system in Englewood.
The space requirements outlined in the report should be provided in a stra-
tegi cally located new oublic library building or in the present City Hall,
enlarg ed and expanded. The City Hall location is ideal for the Public Li-
brary, but the total floor area of the City Hall falls short of the requirements
of the library .
An attractive Public Library building in close proximity to the central
business district will reinforce the solidarity of the district and will
draw strength from its location.
2. Finances. A modern library system which desires to be accepted
as a community educational and cultural center requires adequate financial
support. The En glewood Public Library needs a larger staff for reference
and informational service, for guidance to readers of all age groups, and
for adult education.
Additional funds for the purchase of books for the reference portion
of the book collection will be needed over the next few years to bring this
collection to its pro per stature.
Be it further resolved that an a pp ropriation for adequate library
f acilities be submitted as an ur ~ent capital improvement need.
Discussion ensued.
above resolution was not
felt that support should
by the Council.
Councilman Brownewell stated thlt although the
directed to the Council as a recommendation he
he p iven to resolution and that it be accepted
COUNCILMA N MILES MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE RE-
SOLUTION OF THE PUBLIC LIBRARY BOARD ADOPTED ON FEBRUARY 6, 1962 BE RECEIVED
AND FILED. Upon the call o f the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
621-5 PROCEEDINGS OF BOARD OF CAREER SERVICE COMMISSION MEETING OF
FEBRUARY a, 1962
The Mayor asked that the minutes be received and placed on file.
6 21-40 Relating to Raritan Industrial Park
The City Clerk read the following recommendation of the City Planning
and Zonin£ Commission in full:
"Th e plat o f Raritan Industrial Park Subdivision be approved and recom-
mended to City Council: also, that the Council be reminded of Article
II, Section 6 , B, o f the Subdivision Regulations, which reads:
STREET IMPROVEMEN TS. In order to provide for the orderly construction
of public improvements as areas are built and developed, to avoid
intermittent sections so improved and unimproved, and to promote the
public health, sa f ety and wel f are, all streets shall be graded and
improved by pav in g , concrete curb s and gutters and sidewalks, unless
and provided that Council shall f ind, upon the recommendation of the
Planning Commission, that pavin g , curbs, gutters and sidewalks, or
any of them, are not required f or an adequate use and development of
the area invo l v ed .
Al so, that adjoinin~ property owners put money in escrow for the im-
provement of these streets."
Councilman Mi les ex plained the conditions set forth in the recommend•
ation are quotations f rom the subdivision regulations and submitted ~o the
Coun cil at this time as a reminder of these provisions. Discussion ensued.
Councilman Braun spoke f urther that in order to postpone construction of
paving , curbs, gu tters and sidewalks or any other developments in connection
with this subdivision that a further recommendation from the Plannin~ Com-
missi on is required. This point is not under consideration by the Council.
The City Mana~er pointed out to the Council that the City Charter
provides for the initiation of the paving of any street in the City of
Englewood if it is determined to be in the public interest. The Mayor
stated further that no policy had been set forth as to the City's parti-
cipation in the pavinF. of intersections in the industrially zoned areas.
Dis cussion ensued .
COUNCILMAN MIL ES MOVED , COUNCILMAN WOODS SECONDED, THAT THE RECOM-
·.mNDATION BE ACCEPTED SUBJECT TO CO RRECT IO NS IN THE PLAT AS MAY BE DETER-
MINED BY THE CITY ENG I NE ER. Upon the call of the roll, the vote resulted
as fo llows:
Minutes of February 19, 1962
Ayes : Councilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
6 21-41 RBLATING TO ANNE XATION OF AREA TO SOUTH ARAPAHOE SANITATION DISTRICT
The City Clerk read the followin g recommendation of the En~lewood Water
and Sewer Board i n f ull:
"That the f ollowing described land be allowed to annex to the South .
Arapahoe Sanitation District, by Supplemental Agreement:
Gilbert Goldstein, Trustee
First National Bank Buildin g
Denver, Colorado
Lawrence C. Phi pps, Jr.
Denver National Bank Buildin g
Denver, Colorado
•
The NE ! and the SW! and the SE ~ of Section 36, Township
5 South, Range 66 West of the 6th P. M., Arapahoe County,
Colorado
Gilbert Goldstein, Trustee
First National Bank Buildin g
Denver, Coloracb
The NWi of Section 3 6 , Township 5 South, Range 66 West
of t h e 6 t h P. M., Arapahoe County, Colorado"
COUNCILMAN BRO VJN EWELL MOVED, COUNCILMAN BRAUN SECONDED, THAT THE RECOM-
mNDA TION BE ADO PTED AND THAT THE MA YOR AND CITY CLERK BE AUTHORIZED TO SIGN
A SUPPLEMENT AL AGREEMENT WITH THE SOUTH ARAPAHOE SAIITATION DISTRICT TO EFFECT
SUC H AN ANN EXA TION. Upon the call of the roll, the vote resulted as follows:
Ayes: Co un cilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None
Absent: Councilman Smukler.
Th e May or declared the motion carried.
6 21-42 FORMAT IO N OF seENIC VIEW SANITATION DISTRICT
_ The City Clerk read the followin~ recommendation of the Englewood Water
and s .. er Board in full:
"That the En glewood Water and Sewer Board recommend .to Mr. George
Johnston, 2401 South Pecos Street, representative of property
owners involved, that necessary steps be taken to petition Engle-
wood City Council for the formation of a sanitary sewer special
improvements district, in the desired area of Scenic View, after
which the f inancing of all phases of said district's sewer laterals
and City trunk lines may be worked out between the City of Engle-
wood and the Petitioners."
Counc~l m an Braun stated that representatives of the Scenic View resi-·
dents had appeared before the Water and Sewer Board requesting City par-
ticipation in the District. He reported that he and Councilman Brownewell
would meet with the residents of the Scenic View area to discuss the or-
anisation of the District. He asked that the City Attorney prepare peti-
tions to create t h e Scenic View Sanitation District, an initial step for
those residents should they decide to organize.
The City Man a ger re ported favorably on the proposed organization of
the District and expressed his belief that they would be or~anized and
represent a substantial part of the entire Scenic View area. Discussion
ensued as to the City 's possible participation in the District. The Mayor
reconnended that the City provide for the trunk sanitary sewer line to ;the
District at an a pproximate cost of $12,000.00 to $15,000.00 as its con-
tribution toward the formation of the district. He aaked Council approval
o f this construction as a minimum. Discussion ensued. Councilman Browne-
well spoke for the need of the Council support of the District and reminded
the Council that the area was within the City of Englewood and should be
that much support and consideration as the Council can legally give.
COUNCILMAN BRAUN MOVED, COUNCILMAN BRBWNEWELL SECONDED, THAT THE RE-
COMMEN DATIO N OF THE WATER AND SEWER BOARD BE ACCEPTED AND THAT THE CITY
ATTORNEY BE I NST RUCTED TO DRA W PETITIONS FOR THE ORGANIZATION OF A SPECIAL
SAN ITARY SEWER I MP ROVEMENT DISTRICT IN THE SCENIC VIEW AREA. Upon the call
o f the roll, the vote resulted as follows:
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Minutes of February 19, 1962
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None
Absent: Councilman Smukler.
The Mayor declared the motion carried.
621-4) RELATING TO COUNTY PARTICIPATION IN ENGLEWOOD STREET PROGRAM
The City Clerk read a letter from the office of the County Engineer,
E. s. Burno, addressed to the Mayor and Councilmen dated February 13, 1962,
aa follows:
"NOTE: THIS MEMO WENT OUT TO THE .. MAYOR AND COUNCILMEN OF YOUR CITY THIS
DATE. THIS IS TO PRE-ADVISE YOU OF WHAT APPEARS TO BE THE POLICY TO BE
EFFECTED BY THE COMMISSIONERS."
E.S. Burno
County Engineer
February 13, 1962
A R .. A P A H 0 E C 0 U N T Y
OFFICE OF COUNTY ENGINEER
Court House, Littleton, Colorado
M E M 0 R A N D U M
FROM: ARAPAHOE COUNTY ENGINEER
TO: MAYOR AND COUNCILMEN, CITY OF ENGLEWOOD
SUBJECT: COUNTY PARTICIPATION IN ENGLEWOOD STREET PROGRAM
In anticipation of the Metropolitan Capital Improvement Funds being
available for replacement dollars with regular budget funds, your city
had a tentative credit of $23,057.87. It appears as the disastrous
result of the Supreme Court's decision this date that these funds may
of necessity be reduced. It has been my unfortunate duty to so advise
the County Commissioners of Arapahoe County. A firm decision has not
been reached on this matter, and every effort will be made to make avail-
able the maximum monies possible.
It is requested that by April 15, 1962 you forward to the County Engineer
information concerning your very minimum needs for either work or material
to be supplied by the Arapahoe County Road and Bridge Department. This
information will be most helpful in integrating your needs with the overall
program for the calendar year 1962.
My recommendation to the Commissioners concerning this program restrict-
ion is made with the deepest reg ret as we understand the Court's decision
has been equally disastrous for your community as it has been equally dis-
astrous for your community as it has been for the county as a whole. It
is certain that every effort shall be made by the county to adjust this
ma tter on a reasonable basis in the budget of 196J.
/s/ E. S. Burno, P.E.
COUNCIIJ ·1AN BRA UN MOVED, COUNCI LMAN LOVE SECONDED, THAT THE CITY MAN-
GER BE DI RECTED TO SET OUT THE MINIMU M STREET REQUIREMENTS FOR THE CITY
OF ENGLEWOOD FOR 1962 AN D INFORM THE CITY ENGINEER OF THE ABOVE LETTER.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Na ys: No ne.
Absent: Councilman Smukler.
The Ma yor declared the motion carried.
The City itanager reported that the City Engineer is acquainted with
the above letter and is preparing a report for the Council.
Introduced as a Bi ll by Councilman Love
621-17 BY AUTHORITY
ORDINANCE NO. 1, SERIES OF 1962
AN ORDIN AN CE REZONING THE FOLLOWING DESCRIBED PROPERTY FROM P (PARKING)
TO C-2 (COMMERCIAL) DISTRICT CLASSIFICATION TO-WIT: THE WEST 100 FEET OF
VAN METER'S ADDITION AND THE WEST ONE-HALF OF BLOCK 8, HARLEM 2ND ADDITION,
AND BEGINNING AT A POINT ON THE NORTH LINE OF WEST CHENANGO AVENUE 196 FEET
Minutes of February 19, 1962
WEST OF THE WEST LINE OF SOUTH BROADWAY; THENCE NORTH PARALLEL TO THE SAID
WEST LINE OF SOUTH BROADWAY TO THE SOUTH LINE OF WEST LAYTON AVENUE; THENCE
EAST ALONG SAID SOUTH LINE OF WEST LAYTON AVENUE A DISTANCE OF 70 FEET;
THENCE SOUTH PARALLEL TO SAID WEST LINE OF SOUTH BROADWAY TO THE NORTH LINE
OF WEST CHENANGO AVENUE; THENCE EAST ALONG SAID NORTH LINE OF WEST CHENANGO
AVENUE A DISTANCE OF 70 FEET TO POINT OF BEGINNING, ALL IN THE CITY OF ENGLE-
WOOD, ARAPAHOE COUNTY, COLORADO.
was read for the second time
COUNCILMAN LOVE MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT ORDINANCE
NO. 1, SERIES OF 1962 BE ADOPTED ON SECOND AND FINAL READING AND ORDERED
PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
Int~oduced as a Bill by Councilman Braun
621-Jl+ BY AUTHORITY
ORDINANCE NO. 2, SERIES OF 1962
AN ORDINANCE PROVIDING FOR THE PURCHASE OF CERTAIN SUPPLIES, MATERIALS
OR EQUIPMENT IN EXCESS OF $500.00 WITHOUT SEALED BIDS PURSUANT TO THE PRO~
VISIONS OF SECTION 113 OF THE CHARTER OF THE CITY OF ENGLEWOOD.
was read for the second time.
COUNCILMAN BRAUN MOVED, COUNCILMAN WOODS : SECONDED, THAT ORDINANCE
NO. 2, SERIES OF 1962 BE ADOPTED ON SECOND AND FINAL READING AND ORDERED
PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilman Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Cauncilman Smukler.
The Mayor declared the motion carried.
Introduced as a Bill by Councilman Miles
621-27 BY AUTHORITY
ORDINANCE NO.J, SERIES OF 1962
AN ORDINANCE APPROVING AN AGREEMENT WITH THE STATE HIGHWAY COMMISSION
OF COLORADO FOR THE PURPOSE OF IMPROVING A PORTION OF STATE HIGHWAY NO. 66
PARTLY WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND AUTHORIZING AND DIRECT-
ING THE MAYOR AND CITY CLERK TO EXECUTE AND THE CITY ATTORNEY TO APPROVE
SUCH AGREEMENT ON BEHALF OF THE CITY.
was read for the second time.
COUNCILMAN MILES MOVED, COUNCILMAN LOVE SECONDED, THAT ORDINANCE NO.
J, SERIES OF 1962 BE ADOPTED ON SECOND AND FINAL READING AND ORDERED PUB-
LISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
Introduced as a Bill by Councilman Woods
621-32 A BILL
FOR AN ORDINANCE AMENDING ORDINANCE NO. 1, SERIES OF 1961, OF THE ORDIN-
ANCES OF THE CITY OF ENGLEWOOD, COLORADO, RELATIVE TO THE CAREER SERVICE
OF SAID CITY BY ADDING THERETO A NEW SUB-PARAGRAPH (d) OF SECTIONtil HPRO-
YIDING FOR THE RE-EMPLOYMENT UNDER CERTAIN CONDITIONS OF FORMER EMPLOYEES
OF THE CLASSIFIED SERVICE AND WHO HAVE RESIGNED FROM PERMANENT STATUS WHILE
IN GOOD STANDING.
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Minutes of February 19, 1962
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. Ordinance No. 1, Series of 1961, of the Ordinances of the
City of Englewood, Colorado, relative to the career service of said City
is hereby amended by adding thereto a new sub-paragraph (d) of Section 11
of said Ordinance, which shall read as follows:
(d) Fonner lamployees of the Classified Service who resign from
permanent status while in good standing may make written
application for a re-employment in his previous classifi-
cation within two years of the date of resignation under
the following conditions:
(1) Written application must be received by the City
prior to the expiration of two years from the daee
of resignation; and
(2) The department head and the appointing authority
shall make such recommendations to the Board of Car-
eer Service Commissioners for re-employment as in
their discretion they deem appropriate; and
(J) The applicant must possess special qualifications
for the position, or make a showing that his or her
re-employment would materially benefit the City; and
(4) Re-employment shall be made thereafter only with the
approval of the Board of Career Service Commissioners
after such examination and other conditions as the
Board deems necessary.
Passed on First Reading by the City Council of the City of Englewood,
Colorado this 19th day of February, A. D. 1962 and ordered published in
full in the Eng1ewood Herald and Enterprise.
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ATTEST:
v-or-Mayo~~
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was read for the first time.
COUNCILMAN WOODS MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE
PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL
IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilman Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
612-94 IUTENTION TO CREATE PAVING DISTRICT NO. 12
The City Clerk read the following resolution in full:
R E S 0 L U T I 0 N
A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT
DISTRICT IN SAID CITY TO BE KNOWN AS PAVING DISTRICT NO. 12,
ENGLEWOOD, COLORADO, ADOPTING DETAILS AND SPECIFICATIONS
THEREFOR, AND ORDERING PUBLICATION AND MAILING OF NOTICE
OF HEARING TO THE OWNERS OF THE PROPERTY .TO BE ASSESSED FOR
IMPROVEMENTS IN SAID DISTRICT.
WHEREAS, the City Council of Englewood, Colorado, has determined to
create Paving District No. 12 in said City, and to order the construc~ion
of the street and alley improvements therein as more particularly specified
in the form of Notice hereinafter set forth; and
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Minutes of February 19, 1962
BE IT ORDAINED 3Y THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. Ordinance No. 1, Series of 1961, of the Ordinances of the
City of Englewood, Colorado, relative to the career service of said City
is hereby amended by adding thereto a new sub-paragraph (d) of Section 11
of said Ordinance, which shall read as follows: ·
(d) Fonner •mployees of the Classified Service who resign from
permanent status while in good standing may make written
application for a re-employment in his previous classifi-
cation within two years of the date of resignation under
the following conditions:
(1) Written application must be received by the City
prior to the expiration of two years from the daee
of resignation; and
(2) The department head and the appointing authority
shall make such recommendations to the Board of Car-
eer Service Commissioners for re-employment as in
their discretion they deem appropriate; and
(3) The applicant must possess special qualifications
for the position, or make a showing that his or her
re-employment would materially benefit the City; and
(4) Re-employment shall be made thereafter only with the
approval of the Board of Career Service Commissioners
after such examination and other conditions as the
Board deems necessary.
Passed on First Reading by the City Council of the City of Englewood,
Colorado this 19th day of February, A. D. 1962 and ordered published in
full in the Englewood Herald and Enterprise.
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was read for the first time.
COUNCILMAN WOODS MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE
PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL
IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilman Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
~
Absent: Councilman Smukler.
The Mayor declared the motion carried.
612-94 INTENTION TO CREATE PAVING DISTRICT NO. 12
The City Clerk read the following resolution in full:
R E S 0 L U T I 0 N ----------
A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT
DISTRICT IN SAID CITY TO BE KNOWN AS PAVING DISTRICT NO. 12,
ENGLEWOOD, COLORADO, ADOPTING DETAILS AND SPECIFICATIONS
THEREFOR, AND ORDERING PUBLICATION AND MAILING OF NOTICE
OF HEARING TO THE OWNERS OF THE PROPERTY .TO BE ASSESSED FOR
IMPROVEMENTS IN SAID DISTRICT.
WHEREAS, the City Council of Englewood, Colorado, has detennined to
create Paving District No. 12 in said City, and to order the construction
of the street and alley improvements therein as more particularly specified
in the fonn of Notice hereinafter set forth; and
Minutes of February 19, 1962
WHEREAS, the City Council has heretofore adopted a preliminary order
directing the City Engineer to make the necessary preliminary surveys,
estimates and maps as required by the provisions of the City Charter and
Ordinance No. 8, Series of 1959, as amended by Ordinance No. 17, Series
of 1959, of said City; and
WHEREAS, the City Engineer, in pursuance of said order has reported
to this Council the completion of all matters and things enjoined on him
in the fonn and manner as directed, all of said data being now on file
with the City Clerk in completed form and substance, as by said order and
by law required:
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE-
OOD, COLORADO:
1. That said Engineer's reports, together with the details, specifi-
cations, estimates, maps and schedules prepared and filed with the City
Clerk be and the same are hereby approved and adopted by this Council for
use in the construction of the improvements to be made in said Paving
District.
2. That the materials to be used in constructing the proposed im-
provements are stated in the Notice hereinafter set forth.
J. That the assessments to be levied for said improvements shall be
due and payable within thirty days from and after the final publication
of the ordinance assessing the whole actual cost of said improvements
against the real property in said District; provided, however, that any
owner who shall pay his full assessment within said period of thirty days,
shall be entitled to an allowance of five per cent (5%) of the amount so
assessed against his property and paid by him. In case any owner of real
estate shall fail to pay the whole of such assessment against his property
within said thirty days, then the whole cost of said improvements so
assessed against his property shall be payable in 10 equal annual install-
ments of principal, with interest on unpaid installments at the rate of
6~ per annum, payable annually; the first of said installments of said
principal and interest shall be due and payable at such time as may be
detennined in and by the assessing ordinance, and the remainder of said
annual installments of principal and interest shall be due and payable
successively on the same day in each year thereafter until all are paid
in full.
4. That the property to be assessed for said improvements shall
be the property within the District more particularly described in the
Notice hereinafter set forth.
5. That there shall be prepared an ordinance, in confonnity with
and under the provisions of the City Charter and said Ordinance No. 8,
Series of 1959, as amended by Ordinance No. 17, Series of 1959, creating
within the corporate limits of said City a local improvement district to
be known as Paving District No. 12; providing for the construction in
said District of the improvements, all as is in this Resolution set forth
and described, and in accordance with the report, plans, maps, specifi-
cations, details and estimates of the Engineer of said City, herein re-
ferred to and now on file in the office of the City Clerk.
6. That the proposed ordinance will be introduced as a Bill at the
regular meeting of the City Council at 8:00 o'clock P. M. on the 2nd day
of April, 1962.
7. That Notice of the proposed improvements be given by the City
Clerk and published in the Englewood Herald and Enterprise, a newspaper
published in and of general circulation in said City, in three consecutive
weekly editions, therein giving Notice to the owners of the property to
be assessed of the matters and things required by law. At or about the
time of the first publication, to-wit: February 22, 1962, Notice shall
also be given by prepaid mail to all known owners of property to be
assessed with the cost of said improvements.
The Notice to be published shall be in substantially the following
fonn, to-wit:
NOTICE OF A PROPOSITION TO CREATE A LOCAL IMPROVEMENT DIS-
TRICT IN ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT
NO. 12, TO MAKE CERTAIN STREET AND ALLEY IMPROVEMENTS THEREIN
AND FOR A HEARING THEREON.
All owners of real estate and property hereinafter described, and
all persons generally, are hereby notified that the City Council of
Englewood, Colorado, pursuant to requisite petitions of property owners
and designations by the City Council under the laws of the S•ate of ·
Colorado and provisions of the Home Rule Charter of the City of Englewood,
has adopted full details, plans and specifications for the construction
of street and alley improvements and appurtenances in and for a proposed
local improvement district within the corporate limits of Englewood, Colo-
rado, to be known as Paving District No. 12. Said persons are further
notified as follows:
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Minutes of February 19, 1962
(a) The kinds of improvements proposed are:
ON
1. Necessary grading and excavation, paving with six-inch com-
pacted gravel base course, with two-inch asphaltic concrete
surface, and concrete walks, curbs and gutters, where not
already installed; together with appurtenances and incidentals
on the following streets and avenues:
FROM TO --
South Acoma Street
S. side W. Radcliff Ave. N. side W. Stanford Ave.
South Bannock Street
S. side w. Quincy Ave. N. side W. Stanford Ave.
East Bates Avenue w. side s. Ogden St. E. side S. Emerson St.
East Bates Avenue
E. side S. Downing St. W. side E. Bates Parkway
South Delaware Street
S. side w. Quincy Ave. N. side W. Radcliff Ave.
South Downing Street
S. side E. Bates Ave. N. side E. Dartmouth Ave.
South Downing Street
(Strip paving and curb, gutter and sidewalk only) s. side E. Girard Ave. N. side E. Hampden Ave.
East Eastman Avenue
E. side s. Lafayette St. w. side s. Franklin St.
East Floyd Avenue
E. aide S. Washington St. W. side S. Downing St.
South Fox Street
S. side vi. Jefferson Ave. N. side W. Kenyon Ave.
South Gilpin Street
S. side E. Eastman Ave. N. side E. Floyd Ave.
··eat Grand Avenue w. side S. Delaware St. E. side S. Elati St.
South Grant Street
S. aide E. Stanford Ave. N. side E. Tufts Ave.
West Ithaca Avenue
W. side S. Huron St. E. side S. Inca Street
South Lafayette Street
S. side E. Dartmouth Ave. N. side E. Floyd Ave.
South Lafayette Court
S. side E. Bates Parkway N. side E. Bates Parkway
est Lehigh Avenue
. side S. Galapago St. E. side of alley between
South Lincoln Street
S. side E. Mansfield Ave.
South Logan Street
(Sidewalk only)
S. side E. Lehigh Ave.
South Logan Street
S. side E. Layton Ave.
est Mansfield Ave.
W. side S. Fox St.
East Oxford Avenue
E. side S. Lincoln St.
i est Oxford Avenue
. side S. Broadway
East and West Ra dcliff Avenue
. side S . r.lar k son St.
and
S. Inca St. and S. Jason St.
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N. side E. Nassau Ave.
N. side E. Mansfield Ave.
N. side E. Chenango Ave.
E. side S. Jason St.
J . side S. Logan St.
E. side S. Fox St.
E . side S. Washington St.
W. side S . Pennsylvania St. E. side S. Huron St.
(Stri p paving and curb, gutter and sidewalk only)
South Shennan Street
S. si d e E . Stanford Ave. N. side E. Tufts Ave.
e·st Stanford Ii venue
. side S. Broadway E . side S. Acoma St.
South Washington Street
S. side E. Oxford Ave. R . side E. Princeton Ave.
South Williams Street
S. side E. Eastman Ave. N. side E. Floyd Ave.
2. Necessary grading a nd excavation, compacted sub-grade,
and with six-inch Portland cement concrete surface,
for a total over-all width of fourteen feet; together
with appurtenances and other incidental work on the
following alleys:
On alley between South Bannock Street and South
Cherokee Street from S. side of West Yale Avenue
to N. side of Vlest Amherst Avenue.
J. Preparation of present surface, overlaying of same
with two-inch asphaltic concrete, and concrete walks,
curbs, and gutters, where not presently adequate; to-
gether with appurtenances and other incidental work
on the following streets and avenues:
Minutes of February 19, 1962
ON FROM TO
East Amherst Avenu e
E. side S . Ogden St. w. side S. Downing St.
East Bates Avenue
E. side E. Bat es Parkway w. side S. Franklin St.
East Bates Parkway
E. side s. Ogden St. w. side s. Downing St.
a nd
E. side s . Downing St . s. side E. Amherst Ave.
and
N. side E. Bates Ave. W. side S. Franklin St.
East Cornell Avenue
E . side S . Marion St . w. side s. Franklin St.
East Cornell Circle
S. side East Cornell Ave. s. side E. Cornell Ave.
East Cornell Place
W. side E. Cornell Circle E. side E. Cornell Circle
West Cornell Avenue
W. side S. Broadway E. side S. Acoma St.
East Dartmoutp Place
W~ side S. University Blvd. E. side S. Vine St.
South Downing Street s. side E. Yale Ave. N. side E. Bates Ave.
East Eastman Avenue
E. side S. Frankling St. W. side S. Gilpin St.
East Floyd Place
W. Side S. University Bl vd. E. side s. Race St.
South Franklin Street
S. side E. Eastman Ave. N. side E. Floyd Ave.
South Gaylord Street
S . side E. Dartmouth Place N. side E. Eastman Ave.
South High Street
S. side E. Dartmouth Ave. N. side E. Eastman Ave.
South Humboldt Street
S. side E. Eastman Ave. N. side E. Floyd Ave.
South Lafayette Drive
S. side E. Bates Ave. N. side E. Cornell Ave.
South Ma rion Street s. side E. Bates Ave. N. side E. Dartmouth Ave.
South Race Street
S. side E. Dartmouth Ave. N. side E. Eastman Ave.
and
S. side E. Floyd Ave . City Limits
South Vine Street
S. side E. Dartmouth Ave. N. side E. Eastman Ave.
South Vine Street
S. side E. Dartmouth Place N. side E. Eastman Ave.
South York Street ..
S. side E. Dartmouth Place N. side E. E~stman Ave.
(b) The assessments for said improvements may be paid in
ten equal annual installments.
(c) Said assessments will be due and payable without demand
within thirty days from and after the final publication of an ordinance
assessing the whole cost of said improvements against the real property
in said District; provided, however, that any owner who shall pay his
full assessment within said period of thirty days, shall be entitled
to an allowance of five per cent (5%). In case any owner of real pro-
perty shall fail to pay the whole of such assessment against his property
within said thirty days, then the whole cost of said improvement so
assessed against his property shall be payable in ten equal annual in-
stallments of principal, as aforesaid. The first of such installments
of said principal shall be due and payable at such time as may be deter-
mined in and by the assessing ordinance, and the remainder of said
installments shall be due and payable successively on the same day in
each year thereafter until all are paid in full.
(d) The rate of interest to be paid on unpaid and deferred
installments shall be six per cent (6 %) per annum, payable semi-annually.
(e) The extent of the District to be improved shall be all
of the real property fronting or abutting on the streets, avenues and
alleys between the termini hereinbefore described, including the real
property within one-half (i ) block of such streets, avenues, and alleys.
Adjus tments will be made for irregular and odd shaped lots and parcels
of property.
(f) As shown by the estimates of the engineer, the probable
total cost ~of said improvements in said District is $620,000, .0 of which
amount the City will pay approximately $102,000. Probable costs per
front foot on each side of the streets, avenues and alleys in said
District are:
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Minutes of February 19, 1962 ·
Asphalt paving on streets J6' wide
$4.65 per front foot
Asphalt paving on streets 44' wide
$5.90 per front foot
Concrete alley paving 14' wide
$5.25 per front foot
Asphalt overlay paving on streets J6' wide
$1.98 per front foot
Asphalt overlay paving on streets 44' wide
$2.45 per front foot
Paving of other widths in proportion to above estimates:
Curb~ gutter and sidewalk (Hollywood type)
~2.95 per front foot
Vertical type curb and gutter
$2.75 per front foot
Sidewalk 4' wide
$2.24 per front foot
6" concrete slab
$0.69 per squa re roo ~
All estimates exclude the six per cent (6%) for inspection,
collection and incidentals and interest as provided by law.
The cost of paving to be constructed along the side of corner
lots within said District shall be assessed against properties within0 one-half (!) block of such intersections and corner lots on a zone bases
in accordance with benefits conferred on such properties.
Each one-half (~) block will be divided into six (6) parallel
zones, and assessments will be on the following basis:
1st Zone abutting on street, avenue or alley ••••••••• 28.55%
Next Zone ••••••••••••••••••••.••••••••••••••••••••••• 14. 29%
Next Zone •••••••••••••••••••••••••••••••••••••••••••• 14 • 29%
Next Zone ••••••••••••••••••..•••••••••••••••••••••••• 14.2~
Next Zone •••••••••••••••••••••••••••••••••••••••••••• 14 • 29%
Next Zone •••••••••••••••••••••••••••••••••••••••••••• 14 • 29%
Total ••••••••••••••••••••••••••••••••••• 100%
No assessments will be made for curbs, gutters and sidewalks
in place, which conform with the plans and apecifications for the pro-
posed improvements and which are acceptable to the City Engineer.
The cost of improving street, avenue and alley intersections a
and of paving in excess of J6 ft. widths on streets designated as art-
erial within residential zoning as of February 19, 1962, will be borne
by the City of Englewood. Credit will be given for partial asphaltic
concrete replacements on certain streets and avenues, and in amounts
to be determined by the City Engineer.
Property owners are specifically referred to the schedule
of proposed assessments on file in the Office of the City Clerk, from
which the approximate amount to be assessed against any particular lot
or parcel of property may be determined.
Upon completion of said improvements, or as soon as the total
cost thereof is definitely ascertained, such cost shall be apportioned
to the property in the District. Notice of such apportionment shall
be given and a hearing will be held prior to the adoption of an ordinance
assessing such cost, all as provided by law.
(g) A hearing on this proposition will be had by the City
Council on the 26th day of March, 1962, at the hour of 8:00 o'clock
P. M. at the City Hall in Englewood; and a bill for an ordinance
authorizing said improvements will be considered by the City Council
on ·the 2nd day of April, 1962, at the hour of 8:00 o'clock P.M., or
at an adjourned meeting thereafter, at the City Hall in said City.
(h) A map, estimate and schedule showing the approximate
amount to be assessed, and all resolutions and proceedings are on
file and can be seen and examined by any person interested at the
Office of the City Clerk at any time during business hours prior to
the 26th day of March, 1962.
Minutes of February 19, 1962
(i) All complaints and objections that may be made in writing
concerning the propo~ed improvements, by the owner or owners of any real
property to be assessed, including those to be assessed for side street
paving, will be heard and determined by the City Council at the hearing
specified in the above paragraph (g) or at some adjournment thereof, be-
fore final action shall be taken.
DATED the 19th day of February, 1962 .
.:...
( S E A L )
Published in the Englewood Herald and Enterprise, Englewood, Colorado.
l'IRST publication February 22i 1962.
FINAL publication March S, l9b2.
The Notice to be mailed to the owners of property to be assessed
with the cost .of said improvements, shall be in substantially the following
form, to-wit:
CITY OF ENGLEWOOD
ARAPAHOE COUNTY, COLORADO
YOU ARE HEREBY NOTIFIED That the City Council of the City of
Englewood, Colorado, has adopted a Resolution of Intention to create
Paving District No. 12 in said City for the purpose of constructing
paving, overlaying with asphaltic material, curbs, gutters and sidewalks
(where existing improvements do not conform to City Specifications) on
certain streets and avenues and alleys in said District, and to assess
the cost thereof against the real property to be benefited by said im-
provements.
You are specifically referred to the Notice of Intention to
create said District, to be published in the Englewood Herald and Enter-
prise on February 22, March 1 and S, 1962, and to the plans, specifications
and proceedings on file in the office of the City Clerk in said City.
A hearing on said proposal will be held by the City Council
at a meeting on March 26, 19o2, at the hour of S:OO o'clock P. M., at
the Council Chambers in the City Hall, in Englewood, Colorado.
DATED This 19th day of February, 1962.
The above Resolution was adopted and approved on the 19th
day of February, 1962.
( S E A L )
ATTEST:
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COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE RE-
SOLUTION BE ADOPTED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
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Minutes of February 19, 1962
621-11 CITY TREASURER'S REPORT FOR MONTH ENDING JANUARY fl, 1962
COUNCILMAN MILES MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE
TREASURER'S REPORT FOR THE MONTH OF JANUARY, 1962 BE ACCEPTED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilman Woods, Miles, Love, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
621-31 RELATING TO PROPOSED LAND PURCHASES
The City ~1a nager reported that negotiations had been completed for
the purchase of all but one piece of property. He requested authority
to offer $3,000 .00 on the Lundin property and if not accepted to proceed
with condemnation suit. He stated that the negotiations had amounted
to $12,500.00 total as compared with $12,000.00 appraised.
COUNCIU..iA N BBOWNEWELL MOVED, COUNCIIJv1EN BRAUN AND MILES SECONDED,
TH AT THE COUNCIL CONCURS WITH THE RECOMMENDATION OF THE CITY MANAGER FOR
ACQUISITION OF THE PARCELS OF LAND AS SET FORTH AND THAT THE CITY ATTORNEY
BE INSTRUCTED TO PREPARE LEGAL PAPERS AS REQUIRED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT AN OFFER OF
$3,000.00 BE MADE TO MR. LUNDIN AND IF NEGOTIATIONS FAIL CONDEMNATION
PROCEEDINGS BE INITIATED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
REPORT OF VARIOUS DEP ARTMENTS OF THE CITY ON OLD
FAS HIONED BARGAIN DAYS
The City Manager read from reports of various depar~ment of the city
containing various objections and problems invc~ved in the annual Old
Fashioned Bargain Daya promotions but informed the Council of the City's
desire to cooperate with the conununity and desires of the Council. Council-
man Brownewell suggested that the reports be available for consideration
by the Council when the Chamber of Conunerce makes the request for the
blocking of South Broadway.
621-45 RELATING TO OLD NORTH SCHOOL
The City Manager reported that the School Board had approved an
extension agreement providing for the occupancy of the Old North School
as City Hall Annex for one year, beginning July 1, 1962.
621-46 RESIGN ATION OF CITY MANAGER RUDD
The City Manager stated that each member of the City Council had
received a copy of his resignation. He stated that he planned on taking
his vacation time from February 23rd to March 15th, the effective date
of his resignation. During this time he informed the Council that he
was going to appoint City Clerk-Treasurer Beausang as Acting City Mana@er.
Discussion ensued as to the correctness of the Manager's designation
of an Acting City Manager when the City Manager was leaving the employee
of the City and taking his vacation during the last few days of his em-
ployment. The City Attorney etated that the interpretation of temporary
absences was the key to the authority for the Manager to appoint an Acting
City Manager for the period of his vacation or whether the appointment
should be made by the City Council. It was agreed that the City Manager
had the a uthority to appoint an Acting City Manager until March 15th.
COUNCI ~N BRAUN MOVED, THAT THE CITY MANAGER BE REQUESTED TO APPOINT
HAROLD BABCOCK AS ACTING CITY MA NAGER.
Minutes of February 19, 1962
The City Manager stated that he had asked Mr. Babcock to serve as
Acting City Manager but that Mr. Babcock had refused. Discussion ensued
as to the effect of a direct request by the Council on Mr. Babcock.
The Mayor declared the motion defeated for want of a second.
COUNCILMAN BROWNEWELL MOVED, COUNCILMAN LOVE SECONDED, THAT THE
RESIGNATION OF THE CITY 1·1ANAGER BE ACCEPTED EFFECTIVE MARCH 15, 1962.
Upon the call of the roll, the vote resulted as follows:
Ay es: Councilmen Woods, Miles, Love, Brownewell, Braun, McLellan.
Nay s: None.
Absent: Councilman Smukler.
The Mayor declared the motion carried.
r.J\YO R' S CHOICE
The ~ayer stated that he had received a letter from the South Sub-
urban Metropolit a n Parks and Recre a tion Commission urging that the City
reconsider its efforts to effect dissolution of the district. The Mayor
co mm ented tha t he felt the City should pursue its effort to dissolve the
district as it represented double taxation and duplicity of facilities
and equipment and was, therefore, inefficient. ·
Councilman Love asked that the letter be received and that a re-
presentative of the City Council b e present at the meeting of the South
suburban Metropolitan Parks and Recreation Commission on March 13, 1962,
as set forth in the letter. The r~yor agreed.
The Ma yor reported that he had been elected President of the Urban
ayers' Association which resulted in his being a member of the Executive
Council of that body, a member of the Metropolitan Cooperative Commission
and a member of the Metropolitan Area Municipal Association Board of
Directors. He expressed the need for the cooperation of all the members
of the Council in presenting him with the Council's yiewpoint on the
many various programs and activities supported by the Urban Mayors'
Association. He stated that his election as President had been an
unexpected honor, that he hoped he would be able to serve in the posi-
tion with credit.
Councilman Brownewell reported that he had contacted the Colorado
Municipal League as to procedures to be followed in securing a City Man-
ager. He stated that the plans were to advertise in the Colorado Muni-
cipalities and the International City Managers Association of the vacancy.
The Mayor appointed Councilman Brownewell, Chairman, Councilman
Love and Miles members of a Selection Committee to seek a City Manager.
ADJOURN
COUNCILMAN BRAUN MOVED, COUNCIIJ,!J\N LOVE SECONDED, THAT THE MEETING
BE ADJOURNED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Miles, Love, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Smukler.
The Mayor declared the meeting adjourned
The minutes of the meeting of the City Council of the City of Engle-
wood, Colorado held on the 19th day of February, 1962 A. D., stand approved
as written this 5th day of March, 1962 A. D. ·
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