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HomeMy WebLinkAbout1962-03-05 (Regular) Meeting MinutesI I I I 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~. , .. I "' -1 I 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 • 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 . I I ,, 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. \ / } I 'JYt~i/JUh~;(_( ATTEST: ---~~ayor~'-JZ~ ,, 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 I I I I 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 I 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.