HomeMy WebLinkAbout1962-03-05 (Regular) Meeting MinutesI
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COUNCIL CHAMBERS
CITY OF ENGLE WOOD, COLORADO
MARCH 5, 1962
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session on Monday, March 5, 1962 in the
Council Chambers, City Hall, Englewood, at the hour of 8:00 P. M.
Mayor Mclellan presiding called the meeting to order and the
invocation was given by the Reverend Frank McCall of Saint Thomas
Community Church.
The Mayor asked for roll call. Upon the call of the roll the
following persons were present:
Councilmen: Braun, Brownewell, Miles, Smukler, Woods, Mclellan.
Also Present: Acting City Manager Babcock,
City Attorney Esch,
City Clerk Beausang.
Absent: Councilman Love.
The Mayor declared a quorum present.
621-2 APPROVAL OF COUNCIL MINUTES
COUNCILMAN BROWNEVIELL MOVED, COUNCILMAN WOODS SECONDED, THAT THE
MINUTES OF FEBRUARY 5TH, 14TH, 19TH, 1962 BE APPROVED AS WRITTEN. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Smukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
621-14 PUBLIC HEARING ON PROPOSED REZONING OF NORTHWEST CORNER OF WEST
OXFORD AND SOUTH HURON STREET
Mayor Mclellan asked that the City Attorney speak prior to the
hearing.
The City Attorney reported on a recent District Court decision
which set forth the requirement that the bill for an ordinance be in-
troduced before the City Council prior to a public hearing on the matter
concerned in the bill. He stated that the notice for the public hearing
scheduled for this evening had not been prepared and advertised in con-
formance with this decision. It was the City Attorney's opinion that
a new hearing should be set after the introduction of a bill for an
ordinance.
COUNCIIMAN BRAUN MOVED, COUNCILl-'lAN BROWNEWELL SECONDED, THAT A
PUBLIC HEARING BE HELD ON MONDAY, APRIL 2, 1962 AT 8:00 P.M. AT THE
COUBCIL CHAMBERS IN THE CITY HALL AND THAT A COPY OF THE BILL FOR AN
ORDINANCE SETTING FORTH THE REQUESTED ZONING WOULD BE ON FILE IN THE
CITY CLERK'S OFFICE FOR PUBLIC VIEW.
Mr. Harold Harrison, attorney, concurred in the procedure as set
out by the City Attorney.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Smukler, Miles, Brownewell, Braun, McLellan.
Nays: None. •
Absent: Councilman Love.
The Mayor declared the motion carried.
621-48
• BIDS FOR CONSTRUCTION OF J\N ADDITION TO BEAR CREEK FILTER PLANT
The City Clerk read the following recommendation of the Acting City
Manager relating to the bids for the addition to the Bear Creek Filter
Plant:
TO:
FROM:
"INTER-OFFICE
t.1EMOR AN DUM
ENGLEWOOD CITY COUNCIL. DATE: FEBRUARY 28, 1962
HAR OLD H. BABCOCK, ACTI NG €ITY MANAGER.
SUBJECT: BIDS ON ADDITION TO BE AR CREEK FILTER PLANT.
Minutes of March 5, 1962
The followin g is the tabulation of bids received Monday, February
26th, 1962 for additions to the Bear Creek Filter Plant:
F. H. Linneman
Robert Dougan Construction Co.
R. A. Nielson Construction Co.
Yngve Hanson, Inc.
$ 61,475.00
64,697.00
66,981.00
76,800.00
Engineer's Estimate ·$ 60,000.00
It is the recommendation of myself and Mr. Dale Rea, our consult-
ing engineer, that the low bid of F. H. Linneman be accepted and contract
awarded accordingly. Mr. Linneman is a reliable contractor and has had
previous experience in the construction of filter plants.
H.H.B. ej
c.c. Dale H. Rea."
/s/ Harold H. Babcock
Acting City Manager
COUNCILl tAN SMUKLE R r1 0VE D, COU NCIIJ.1A N MILES SECONDED, THAT THE LOW
BID OF $61,475.00 REN DERED DY F. H. LINNEMAN BE ACCEPTED AND THAT THE
MA YOR AND CITY CLERK BE AUTHORI ZED TO EXECUTE A CONTRACT WITH SAID COM-
PAN Y ON BEH ALF OF THE CITY. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen \'l oods, Sm ukler, Miles, Brownewell, Braun,McLellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
621-58 REL ATING TO RAMP FRO M HIGH WAY NO. 70 TO SOUTH BROADWAY
Mr. Fred Merton, District Engineer, State Highway Department,
reported that the State Highway Department had secured an allotment
for the ~urchase of right-of-way and construction of a ramp from
State Highway No. 70 at Bannock southeast to Jefferson thence east
to South Broadway at Jefferson Avenue intersection. He outlined
the various matters that need to be included in an agreement with
the City relating to this ramp and its construction and eventual
maintenance of various facilities.
Mr. Jack Eachon, representing Englewood Unlimited as well as being
a Chairman of a committee for the organization of 3an improvement district
to provide better access to the central business district, discussed
the over-all progress of the committee. He stated that the various
officials who supported the improvement district were still hopeful
that South Cherokee Street could be opened from West Girard to West
Floyd Streets. He stated that the alternate route over Little Dry
Creek represented a cost equivalent to one fourth of the estimateu
cost of the district. Discussion ensued. Mr. Merton also spoke for
the opening of South Cherokee Street if at all possible. He requested
permission to use the Englewood City Hall for a public hearing on the
proposed ramp construction. He proposed that the ;·public hearing be
held on Friday, March 23rd at ?:JO P. M. in the Council Chambers of
the City Hall. The Mayor granted permission for the State Highway
Department to hold a public hearing as requested.
... Ma yor Mc Lellan reviewed the request for opening South Cherokee
S ~reet through City Park and stated that the City Attorney had rend-
ered an opinion that an election would be required for the use of
the land necessary to open South Cherokee Street to West Floyd. He
stated that a further alternative would be a bridge across Little
Dry Creek to the north side of the creek could be used for right-of-
way to South Bannock Street. Discussion ensued.
Councilman Smukler spoke of the need to seek ways to work things
out and get them done rather than find reasons why a proposal cannot
be done. He commended the committee who has been active in the down-
town improvement district for their perseverance and expressed his
vote of thanks for the services rendered to their community. The Mayor
stated that he was not unfavorable to the proposal of opening South
Cherokee Street but that a majority vote of the people on the question
of opening the street would be required.
621-7 PROCEEDINGS OF WATER AND SEWER BOARD MEETING OF FEBRUARY 14th
The Ma yor asked that the minutes be received and placed on file.
621-4 PROC EE DI NGS OF BO AR D OF ADJUSTMENTS AND APPEALS MEETING OF
FEBRUARY 14TH ·and 21S~1
The Mayor asked that the minutes be received and placed on file.
621-5 PROCEEDI NGS OF CAREER SERVICE COMMISSION MEETING OF FEBRUARY 21ST
The Mayor asked that the minutes be received and placed on fii~.
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Minutes of March 5, 1962
621-49 ANNUAL STREET MILEAGE INVENTORY FOR STATE HIGHWAY DEPARTMENT
The Acting City Manager read the City Engineer's certificate of
the additional streets added to the Englewood street system during the
year of 1961. He stated that the City Engineer had prepared a map as
well as the certificate as required by law.
COUNCILMAN BROWNE\'IELL MOVED, COUNCILMAN SMUKLER SECONDED, THAT
THE CHANGES IN THE STREET CLASSIFICATION AND MILEAGE FOR THE YEAR ENDING
DECEMBER 31, 1961 BE ADOPTED AND APPROVED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilman Woods, Smukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Love.
The Mayo r declared the motion carried.
Introduced as a bill by Councilman V/oods
621-32 BY AUTHOR ITY
ORDINANCE NO. 4, SERIES OF 1962
AN ORDINANCE AMENDING ORDINANCE NO. 1, SERIES OF 1961, OF THE
ORDINANCES OF THE CITY OF ENGLE\'IOOD, COLORADO, RELATIVE TO THE CAREER
SERVICE OF SAID CITY BY ADDING THERETO A NEW SUB-SECTION (d) OF SEC-
TION rll PROVIDING FOR THE RE-EMPLOYMENT UNDER CERTAIN CONDITIONS OF
FORMER EMPLOYEES OF THE CLASSIFIED SERVICE WHO HAVE RESIGNED FROM
PERMANENT STATUS WHILE IN GOOD STANDING.
was read for the second time.
COUNCILMAN WOODS MOVED, COUNCILl~AN BROWNEWELL SECONDED, THAT
ORDINANCE NO. 4, SERIES ':OF 1962, BE ADOPTED ON SECOND AND FINAL READ-
ING 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, Smukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Ab sent: Councilman Love.
The Mayor declared the motion carried.
621-50 RESOLUTION FOR TRANSFER OF FUNDS FOR EXPENSES INCURRED IN
SELECTION OF CITY MANAGER
Councilman Brownewell introduced the following resolution:
RESOLUTION
WHEREAS, due to the resignation of City Manager L. R. Rudd it has
become necessary for the City of Englewood to employ a new City Manager
and to incur additional expense therefor unanticipated at the time of
the adoption of the budget; and,
WHEREAS , it will be necesaary in order to provide for the expense
of the employment of a new City Manager to transfer funds from the
General Fund unappropriated surplus to a fund for such purpose; and,
WHEREAS, the City Treasurer has certified that funds are available
arad eligible for the aforesaid purpose;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD this 5th day of March 1962, that the following budget account
be established in the amount set forth opposite said account, and that
the amouftt thereof be appropriated from the General Fund unappropriated
surplus or cash reserve:
1.110.13-96 Selection of City Manager $2,500.00
~ BE IT FURTHER RESOLVED that the City Treasurer is hereby directed
to enter upon the books and records for the year 1962 the item set forth
above in the same manner as if it had been originally appropriated by
Ordinance No. 34, Series of 1961, of the Ordinances of the City of Engle-
wood, Colorado,
App roved and adopted by the City Council of the City of Englewood,
Colorado, on the 5th day of March 19o2.
ATTEST:
Isl B. O. Beausang
City Clerk
Isl N. L. Mclellan
Mayor
Minutes of Karch ~5' 1962
COUNCILMAN BROWNEWELL MOVED, COUNCILMAN SMUKLER SECONDED, THAT
THE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen \·/oods, Srnukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Abs ent: Councilman Love.
The Mayo r declared the motion carried.
COURT DECISION ON CINDERELLA CITY ZONING
: The City At torney reported that the District Court rendered its
decision in the Cinderella City case relating to the zoning. He stated
that the decision set forth three basic points of legal procedure:
1. A public hearing may not be conducted in advance of the
introduction of the bill for an ordinance,
2. That the Council must meet regularly at the City Hall twice
a month,
J. That any ordinance may not contain more that one subject matter.
He stated that accordingly Ordinances No. 9, 10 and 21,-Series of 1961
were invalid as being in conflict with the Charter or S~ate r;aw •. -
The City Attorney reported that the re-codification program has
been progressing a nd that the ch apt ers dealing with zoning should be
discussed and considered in the very near future.
He sta ted that until he had studied the District Court decision
f urther that he was unable to advise the Council what action to take
in the Cinderella City T~tter.
621-69 REL ATING TO REQ UES T FOR /1.LLE Y VA CAU1IO N BY SWEDISH HOSPITAL
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The Ci t y l ttorney re ported that Richard Banta, representing the
Swedish Hospital Association, had inqui red as to bhe progress on tlis
vacation request. This vacation request involved part of the alley
in Blo c k 6 , i/estview Addition to Englewood where a sewer was located
and over which the Hospital Association planned to construct a building.
The City Attorney stated that he had received assurance from Mr. Banta
that an adequa te agreement would be submitted ~~o the City for the re-
location of the sanitary sewer main as well as the granting of an ease-
ment for the relocation if the alley were vacated at this time. He
reconunended the consideration of a bill for an ordinance vacating this
portion of the all ey subject to further assurance that a sanitary sewer
easement will be forth co mi ng from the Hospital.
Introduced as a bill by Councilman Braun
A DILL
FOR AN ORDINANCE VAC ATING THAT PART OF THE ALLEY IN BLOCK 6, WESTVIEW
ADD ITIOM TO ENGLEWOOD , DESCRIBED AS FOLL OWS : THAT PART OF SAID ALLEY
BE I NG EAST OF AND ADJ ACENT TO THE SO UTH l OF LOT 9 .:go;,A LL OF LOTS 10
THROUGH 16 INCLU SIVE, AND ALSO TH AT. PART OF SAID ALLEY BEING WEST OF
AND ADJACENT TO LOTS 32 TO 39 INCLUSIVE AND THE SOUTH ~ OF LOT 40,
CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Se ction·1. That the hereinafter described property located in
the City of Englewood, Arapahoe County, Colorado, be and hereby is
declared vacated pursuant to the provisions of Section 13, Article ~
1, Chapter 120, Colorado Revised Statutes 1953, as amended, and that
title thereto shall vest in the owners of abutting land, as provided
in said Chapter 120; said vacated land being particularly described
as follows:
That part of the alley in Block 6, Westview Addition to Englewood,
described as follows: that part of said alley being east of and
adjacent to the south one-fourth of Lot 9 and all of Lots 10 to
16 inclusive, and also that part of said alley being west of and
adjacent to Lots 32 to 39 inclusive and the south one-fourth of
Lot 40, City of Englewood, Arapahoe County, Colorado.
Section 2. That the hereinabove described land is located entirely
within the City of Englewood, Colorado, and does not constitute a bound-
ary line between the City of Englewood and any county or other munici-
pality .
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Minutes of March 5, 1962
Section J. That the vacation of the hereinabove described alley
will not leave any adjoining land without an established public road
connecting said land with another established public road.
Section~. That the City of Englewood does hereby expressly re-
serve the ri ts-of-way or easements for the continued use of existing
sewer, gas, water, or similar pipe lines and appurtenances, and for
ditches or canals and appurtenances, and for electric, telephon9, and
similar lines and appurtenances, if any, now located in the hereinabove
described part of Englewood.
Section 5. The City Council hereby finds, declares, and deter-
mines that the passage of this ordinance is necessary in the interest
of the expansion of Swedish Hospital in the City of Englewood, and an
emergency exists requiring the passage of this ordinance as an emer-
gency ordinance, and that this ordinance is necessary for the preser-
vation of public property, health, peace, or safety.
Passed on First Reading by the City Council of the City of Englewood,
Colorado this 5th day of March, A. D. 1962 and ordered published in full
in the Englewood Herald and Enterprise.
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ATTEST: ---~~ayor~'-JZ~
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was read for the
COUNCILMAN BRAUN MOVED, COUNCILMAN WOODS SECONDED, THAT THE PRO-
POSED 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: Councilmen Woods, Smukler, Miles, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
621-60 AGREEMENT FOR PERMISSION TO ~.AINTAIN PRIVATE SIDEWALK ON CITY
PRO?ERTY
The City Attorney reported that the owners of Lot 5, Flood's
Addition, Englewood, Colorado, namely, M. P. James and Grace James,
had constructed a four foot sidewalk adjoin~ng their building con-
structed on Lot 5 adjacent to that building on City of Englewood
owned Lot 6. He stated that an agreement had been reached between
Mr. and Mrs. James for an easement type permit for the sidewalk. He
asked that the Mayor and City Clerk be authorized to sign the agree-
ment on behalf of the City.
COUNCILMAN MILES MOVEE, COUNCILMAN WOODS SECONDED, THAT THE
AGREEMENT FOR A TEMPORARY RIGHT TO MAINTAIN THE SIDEWALK ON LOT 6,
FLOODS ADDITION BE GRANTED TO 1'm.. AND MRS. JAMES AND THAT THE MAYOR
AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT TO THAT EFFECT ·ON
BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Woods, Smukler, Miles, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
621-Jl REPORT OF LAND ACQUISITION NORTH OF CHARLES HAY SCHOOL.
The City Attorney reported that the had negotiated with Hubert
J. Lundin, for his tract of land in the area north Charles Hay School
which the City is seeking for a drainage way-park. He stated that
although the property has been appraised at a maximum of $J,OOO.OO
he had reached an agreement with Mr. Lundin for purchase in the amount
of $J,29S.05. He requested that he be authorized to proceed on the
basis of this purchase figure.
Minutes of March 5, 1962
COUNCILMAN BR AUN.MOVED, COUNCILMA N MILES SECONDED, THAT THE CITY
ATTORNEY BE AUTHORIZED TO PROCEED WITH NEGOTIATIONS FOR PURCHASE OF
THE TRACT OF LAND rn·JNED BY HURBERT J. LUNDIN . IN THE AMOUNT OF $3, 298. 05.
Upon the call of the roll, the vote resulted as follows:
yes : Councilmen Woods, Smukler, Miles, Brownewell, Braun, McLellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
621-Jl APPR AISAL OF LANDS SOUGHT FOR DRAINAGE AND .PARKS
The Mayor asked that provision be made for charging these purchases
in the 1962 Budget. He stated that purchase of park land had not been
anticapted when the budget was prepared. Discussion ensued.
COUNCI U·iAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT AN
EN CUHB RAN CE OF THE GENERAL FUND UNAPPROPRIATED SURPLUS BE MADE FOR THE
PURPOSE OF MEETI NG THE COST OF THE LAND ACQUISITION IN THE DRAINAGE
WA Y I NMEDI ATELY NORTH OF EAST EASTMAN PLACE AND THE CHARLES HAY SCHOOL;
THA T A RESOLUTIO N AUTHORIZING THE TR ANSFER OF THESE FUNDS BE PREPARED
;ffiEN THE TOTAL Al!O UNT OF VARIOUS PURCHASE PRICES WAS KNOWN OR AT THE
E?lD OF THE 1 96 2 FISC AL YE AR, PROCEDURE TO BE DETER1.UNED BY THE CITY
?·!A N AGER . Up on the call of the roll, the vote resulted as follows:
yes: Councilmen \·foods, Smukler, Miles, Brownewell, Braun, Mclellan.
Na ys: None.
Ab sent: Councilman Love.
The Mayor declared the motion carried.
621-14 RE LATI NG TO REZONING OF LUNDGREN PROPERTY
The City Attorney discussed the need for the introduction of a
bill for rezoning the northwest corner of West Oxford and South Huron
Streets in a dvance of a public hearing on the proposed rezoning. He
stated tha t the previous motion setting the time and place of hearing
should be strick en and should be made only after the bill was introduced.
COUN CILMAN BRAUN MOVED, COUNCI LMA N MILES SECONDED, THAT THE MOTION
ES TAB LISHI NG THE TIME AND PLACE FOR A PUBLIC HEARING ON THE REZONING OF
THE LUN DG REN PR OPERTY BE RESCINDED. Upon the call of the roll, the
vote resulted a s follows:
Ayes : Councilmen Woods, Smukler, Miles, Brownewell, Braun, Mclellan.
Na ys: ~one.
Absent : Councilman Love.
The Ma yor declared the motion carried.
Introduced as a bill by Councilman Brownewell
A BILL ·
FOR AN ORDI NAN CE REZON I NG THE FOLLO WING DESCRIBED PROPERTY FROM R-1-D
(RE SID EN CE DI STRICT) CL ASSIFIC ATION TO R-3-B (MULTI-FAMILY RESIDENTIAL
DISTRICT) CL ASS IFIC ATION TO-\'lIT: THE EAST 6 FEET OF TRACT 6, EXCEPT
THE NORT H 21.4 FEET THEREOF; ALL OF TRACTS 7 and 8 EXCEPT THE NORTH
21.4 FEET THE RE OF AND ALL OF TRACT 9, CHILDERS SUBDIVISION, ALL IN THE
CITY OF EN GLEWOOD, ARAPAHOE COUNTY, COLORADO.
WHERE AS, application has been made for the rezoning of certain
property hereinafter described from R-1-D (Residence District) Class-
ification to R-3-B (Multi-Family Residential District) Classification
as hereinafter set forth, and the City Planning and Zoning Commission
ha s recomm ended a gainst approval of such change in zoning; and
WHE RE AS , public notice has been given of such proposed rezoning
by one publication in the Englewood Herald and Enterlrise, a newspaper
of genera l circulation within the City and the offic 81 newspaper of
the City, a t least fifteen (15) days before the public hearing on such
rezoning, and the notice of such proposed rezoning has been posted ~on
the property f or fifteen (15) consecutive days prior to such hearing,
as required by ordinance; and
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Minutes of March 5, 1962
WHEREAS, public hearing was held pursuant to the aforesaid notice
by the City Council of the City of Englewood in the Council Chambers of
the City Hall, 3345 South Bannock Street, Englewood, Colorado on the
2nd day of April, A.D. 1962, at the hour of S:OO P.M., at which hearing
persons appeared to protest or oppose the proposed change in
zoning; and
WHEREAS, the public necessity, convenience, general welfare and
good zoning practices justify the change in zoning of the hereinafter
described property from R-1-D (Residence District) Classification to
R-J-B (Multi-Family Residential District) Classification .as hereinafter
set forth;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. The zoning of the ·hereinafter described property
located Within the City of Englewood, Colorado is hereby changed from
R-1-D (Residence District) Classification to R-J-B (Multi-Family Res-
idential District) Classification as hereinafter set forth, to-wit:
The east 6 feet of Tract 6, except the north 21.4 feet
thereof; all of tracts 7 and 8, except the north 21.4
feet thereof and all of Tract 9, Childers Subdivision,
all in the City of Englewood, Arapahoe County, Colorado.
Section 2. The City Council hereby finds, determines and declares
that the herelnabove change in zoning is justified by the public nec-
essity, convenience, general welfare and good zoning practices.
Passed on First Reading by the City Council of the City of Englewood,
Colorado this 5th day of March, A.D. 19o2 and ordered published in full
in the Englewood Herald and Enterprise.
~:j/~
ATTEST:
r ----or---r---Nayo~4~
was read for the first time.
Councilman Brownewell stated that his introduction of the bill
for an ordinance did not represent his favoring of the proposal and
was merely for the procedure of bringing the matter of the proposed
rezoning before the Council so that public hearing could be held.
COUNCIUiAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT A
PUBLIC HEARING BE HELD ON THE REQUESTED REZONING ON MONDAY, APRIL Z
1962 AT 8:00 P.M. IN THE COUNCIL CHAMBERS AT THE CITY HALL; NOTICE
OF HEARING TO BE PUBLISHED WITH REFERENCE THAT A COPY IS ON FILE WITH
THE CITY CLERK FOR PUBLIC REVIEW AS REQUIRED BY LAW; AND THAT SUCH
NOTICE BE MADE AND POSTED ON ·THE PREMISES AS REQUIRED BY LAW. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Smukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
621-46 APPOINTMENT OF ACTING CITY MANAGER
The Acting City Manager reported to the Council that he had been
appointed by Mr. Rudd, former City Manager, until the 15th of March.
He stated that as the City Council did not meet again prior to this
date that consideration should be made for the appointment of an acting
City Manager after March 15th. Discussion ensued.
COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT HAROLD
H. BABCOCK BE APPOINTED ACTING CI:TY MANAGER EFFECTIVE MARCH 16, 1962
AND CONTINUE TO SERVE AS ACTING CITY MANAGER UNTIL AN APPOINTMENT OF
A DULY QUALIFIED PERSON AS CITY MANAGER BY THE CITY COUNCIL AND THAT
PERSON ASSUMES THE OFFICE OF CITY MANAGER; MR. BABCOCK TO RECEIVE
COMPENSATION FOR HIS DUTIES AS ACTING CITY MANAGER AT THE SAME MONTHLY
RATE AS THE FORMER CITY MANAGER WAS RECEIVING FROM THE DATE OF HIS
FIRST APPOINTMENT AS ACTING CITY MANAGER UNTIL RELIEVED BY A DULY
APPOINTED AND QUALIFIED CITY MANAGER, AT WHICH TIME r.m. BABCOCK WOULD
Minutes of March 5, 1962
RETURN TO HIS POSITION AS WATER AND SEWER UTILITIES DIRECTOR AT THE SALARY
SET OUT FOR THAT POSITION. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilman Woods, Smukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried. The Acting City Manager expressed
his appreciation of the confidence shown in him by the City Council. He
urged them to seek and secure a City Manager as soon as possible as he had
no desire to serve as Acting City Manager for a prolonged period of time
and had no plans for following the City Manager field.
621-9 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR FEBRUARY, 1962
COUNCIU~N WOODS MOVED, COUNCILMAN BRAUN SECONDED, THAT THE BILLS,
CLAIMS AND INVOICES FOR FEBRUARY, 1962 AS LISTED BY THE arY TREASURER
AND APPROVED BY THE ACTING CITY MANAGER BE ALLOWED. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Woods, Smukler, Miles, Brownewell, Braun, Mclellan.
Nays: None.
Absent: Councilman Love.
The Mayor declared the motion carried.
NON-SCHEDULED CITIZENS AND VISITORS
Several non-scheduled visitors were present. Mrs. Mildred Bassett
inquired as to the effect of the recent district Court ruling on certain
legal procedures of the City. She suggested that perhaps a study of the
Charter would be in order and that amendments to the Charter be considered.
The City Attorney agreed that there were several areas in the Charter which
had been found to be difficult to administer and that the appointment of
a .Charter Convention would be advisable.
The City Treasurer reported receipt of the natural gas franchise tax
for the year 1961 in the amount of $12,309.43 from the Public Service Com-
pany of Colorado.
MAYOR'S CHOICE
The Mayor reported that he had been in contact with Mayor Batterton
with regard to financing Denver's deficit caused by the declaration that
the Four County Metropolitan Capital Improvement District was unconstitu-
tional. He discussed the various proposals being considered for the relief
of Denver's financial problem.
The Mayor reported that the President of the Council Taylor of Little-
ton had stated that the Littleton Sales Tax must be retained through the
calendar year of 1962 with the possibility of repeal in 1963 under the
condition of a 10 to 12 mill levy increase.
Councilman Smukler inquired if the Mayor had received a letter of
resignation from Mr. Richard Purcell from the Water and Sewer Board. The
Mayor reported that the had not received resignation but that there was
a vacancy on the Water and Sewer Board as Mr. Purcell had been transferred
out of the City. Councilman Smukler urged that a written resignation be
secured. Councilman Braun stated that perhaps a resignation had been dir-
ected to the Chairman of the Water and Sewer Board. He requested that this
be investigated.
The Mayor reported that he had appointed 20 persons to the Citizens
Committee to study Englewood's municipal building needs and means of fin-
ancing the same. He reported that at the first meeting that 11 members
of the Committee were present for a presentation of information available
as to the alternatives in this area. Another meeting with the same pre-
sentation was planned for the members that were unable to attend the first.
Councilman Brownewell, Chairman of the City Manager Selection Commit-
tee, reported that an advertisement had been placed in the International
City Manager's Association News Letter and in the March issue of the Colo-
rado Municipalities 11agazine for a City Manager for Englewood.
Councilman Brownewell discussed the need for rapid pursuit on the
revamping of the zoning ordinance.
I
I
I
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Minutes .of March 5, 1962
COUNCILMAN BROT;JNEWELL rmVED, COU NCIL MAN SMUKLER SECONDED, THAT THE
CITY PLANNING AND ZONIN G CDrll·ITSSION DE URGED TO RE SUBMIT A REVISED ZONING
ORDINANCE FOR COUt !CIL REVIEW AND ADOPTIO N AT THE EARLIEST DATE POSSIBLE.
Upon the call of the roll, the vote resulted as follows:
yes: Councilmen T.·/oods, Sm u kler, r:i les, Brownewell, Braun, McLellan.
Na ys: None.
bs ent: Councilman Love.
The Ma yor declared the motion carried.
ADJOURN
COUNCILMAN BRAUN rr.OVED, COU NCILMAN MILES SECONDED, THAT THE MEETING
BE AD JOUR NED . Upon the c all of the roll, the vote resulted as follows:
Ayes: Councilmen Wood s, Sm ukler, Miles, Brownewell, Braun, McLellant
Na ys: None.
Ab sent: Co uncilma n Lov e.
The Mayo r declared the n eeting ad journed a t 9:55 P.M.
The mi nutes of the meeting of the City Council of the City of Engle-
wood, Colorado, held on the 5th day of March, 1962 A.D., stand approved
as written this 16th day of Ap ril, 1962 A.D.