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HomeMy WebLinkAbout1962-03-19 (Regular) Meeting MinutesREGULAR ME ETING: COUNCIL CH A~IB ERS CITY OF ENGLE WOOD, COLORADO MAR CH 19, 1962 The City Council of the City of Englewood, Arapahoe County, Colorado met in regular session on Monday, March 19, 1962 in the Council Chambers, City Hall, Englewood, at the hour of S:OO P.M. Mayor Pro Tern Brownewell presiding called the meeting to order and the invocation was given by the Reverend Frank McCall of Saint Thomas Community Church. The Mayor Pro Tern asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Braun, Brownewell, Love, Miles, Smukler, Woods. Also Present: Acting City Manager Babcock, City Attorney Esch, City Engineer Davies, City Clerk Beausang. Absent: Mayor Mclellan. The Ma yor Pro Tem declared a quorum present. 611-10 PUBLIC HE AR ING ON ASSESSMEN TS FOR I MPROVEMENTS IN PAVING DISTRICT NO. 11 COUNCIIJQ.N BRAUN MOVED, CO UN CI LMAN MILES SECONDED, THAT THE PUBLIC HEARING BE OPENED. Upon the c a l ~ of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun. Nays: None. Absent: Mayor McLellan. The Mayor Pro Tern declared the motion carried. The City Clerk read a written protest to the assessments on Paving District No. 11. A protest from Mr. Vernon C. and Mrs. Lucille Waddelow, owners of property located at 4093 South Logan Street, Englewood, that their assessment on Lots 27 and 28, Block 12, South Broadway Heights, included concrete work which had not been constructed through the District and that their assessment should be approximately $159.00 instead of $175.48. He stated that this protest had been referred to the City Engineers who checked their assessment computations and found that an error had occurred on this property assessment. The owners were noti~ied of the proposed change in the assessment rolls. The City Clerk also read the protest of Mr. Kenneth A. Heron which complained and protested against the assessment of $4,Jl0.04 (correct amount was $4,309.95) for the purposes of paving or improvements in District No. 11 of the City of Englewood as assessed against Block 2, McKinley Subdivision, 2nd Filing. He read the protest petition in full, He stated that as requested by Mr. Heron in the letter of transmittal, that various ordinances and public notices setting forth the method of assessing property in Paving District No. 11 as well as the authority for such assessments, in addition to the detailed computation figures, by which the assessment on Block 2 was computed were sent t'o Mr. Heron by special delivery, registered mail so that he would have this infor- mation by the time of the public hearing. There were no other written requests received prior to 5:00 P.M. March 16, 1962. Councilman Braun asked that the City Attorney comment on the protest by Mr. Heron. The City Attorney expressed his opinion on each of the points in contention by Mr. Heron and stated that the amount of benefit to property by special improvement was a matter of opinion and they could not be based on the comparison of that assessment to the assessed valu- • ation, that deed restrictions through convey were known to the purchaser at the time of purchase and had nothing to do with the assessment or the improvement of the land. That the streets under consideration were de- dicated as shown on the plat and accepted by the City at the time of the filing of that plat. No separate acceptance of public right-of-way is necessary under these conditions. The Mayor Pro Tem asked if there were anyone present to protest verbally. There were none. COUNCILMAN BRAUN MOVED, COUNCIL MAN WOODS SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: ' \ I I I! I Minutes of March 19, 1962 Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun. Nays: None. Absent: Mayor McLellan. The Mayor Pro Tern declared the motion carried. COUNCIU•!AN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE FOLLOWING CORRECTION TO THE ASSESSMENT LIST BE MADE: THAT THE ASSESSMENT ON LOTS 25 AND 26, BLOCK 12, SOUTH BROADWAY HEIGHTS IN THE ORIGINAL AMOUNT OF $159.06 BE CORRECTED TO $175.58, THAT THE ORIGINAL ASSESSMENT ON LOTS 27 AND 28, BLOCK 12, SOUTH BROADWAY HEIGHTS IN THE ORIGINAL AMOUNT OF $175.48 BE CORRECTED TO AN AMOUNT OF $159.06. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun. Nays: None. Absent: Mayor McLellan. The Mayor Pro Tern declared the motion carried. (Mayor McLellan entered the Council Chambers at 8:23 P.M.) Councilman Smukler stated that on the second protest the Cit7 Attor- ney had explained the City's position on the various points brc~ght out by Mr. Heron to his personal satisfaction. COUNCILMAN SMUKLER MOVED, COUNCILMAN MILES SECONDED, THAT THE PRO .. tlST MID COMPLAINT BY KENNETH A. HERON BE RECEIVED AND THAT THE CITY ATTORH BE DIRECTED TO ANS\'lER THE PROTEST ON BEHALF OF THE CITY. Upon th• call of the roll, the vote resulted as follows: Ay es: Councilmen vl oods, Smukler, Miles, Love, Brownewell, Braun, McLellan. Nays: None. Absent: None. The Mayor Pro Tern declared the motion carried. 621-51 OFFER OF LAND FOR CITY PURCHASE SOUTH OF SEWAGE TREATMENT PLANT 1'11-. John Holland spoke on behalf of the owner of the 3 acres immed- iately south of the Englewood Sewage Treatment plant. He said this land was for sale at a price of $5,000.00 per acre plus a 10 foot access ease- ment from South Santa Fe Drive. Discussion ensued. The Acting City Manager reported that the City had purchased land ' south of the present plant previously but actually built to the north and he did not see where it would need further land to the south at this or any time in the future. (Mayor McLellan assumed chairmanship and Mayor Pro Tern Brownewell took his seat at the Council ~able) 621-6 PROCEEDINGS OF PLANNING AND ZONING COMMISSION MEETING OF MARCH 8, 1962 621-61 Approval of Jensen Subdivision Jrd Filing The City Clerk read the following recommendation of the City Planning and Zoning Commission in full: "That the plat of Jension Subdivision Jrd Filing be accepted and referred to the City Council." COUNCIIJ.!AN SMUKLER MOVED, COUNCIL1-!AtJ LOVE SECONDED, THAT THE CITY ATTORNEY BE INSTRUCTED TO VERIFY A TITLE OPINION TO THE LANDS TO BE DEDICATED IN CONNECTION WITH THE JENSEN SUBDIVISION JRD FILING OR IF SUCH TITLE OPINION DOES NOT EXIST SECURE THE SAME. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen \·loads, Smukler, Miles, Love, Brownewell, Braun, McLellan. Na ys: None. Absent: None. The Ma yor declared the motion carried. The Mayor asked that the minutes be received and placed on file. inutes of March 19, 1962 621-3 621-5 PROCEEDINGS OF PARK AND RECREATION COMMISSION MEETING OF FEBRUARY 23, 1962 The Mayor asked that the minutes be received and placed on file. PROCEEDINGS OF CAREER SERVICE COMMISSION MEET~NG OF MARCH ?TH The Mayor asked .that the minutes be received and placed on file. 621-52 REQUEST OF ANNEXATION OF LAND TO SOUTHGATE SANITATION DISTRICT The City Clerk read the following recommendation of the Englewood Wa ter and Sewer Board in full: ~That the following described land be allowed to annex to the South- gate Sanitation District, by Supplemental Agreement: Lots 1-4, Incl. Block 7; Lots 1-5, Incl., Block 8; Lots 1-3, Incl., Block 9; and, Lots 1-6, Incl, Block 10, Greenwood Hills Second Filing, Arapahoe County, Colorado. Tract 85 ~Clark Colony No. 3) a subdivision of Section 17, Township 5 South, Range 67 \'lest of the 6th P .M., Arapahoe County, Colorado. Tract 72, except N. 15 feet, and Tract 72 (Clark Colony No. 3) a subdivision of Section 17, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado. Tracts 121 and 122 (Clark Colony No. 3) a subdivision of Section 17, Township 5 South, Range 67 West of the 6th P.M., Arapahoe County, Colorado." The Acting City Manager explained that this annexation related to small tracts of land in Greenwood Hills and Clark Colony subdivisions. COUNCILMAN BROWNEWELL MOVED, COUNCILMAN BRAUN SECONDED, THAT THE RECOi~tENDATION BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE SUPPLEMENTAL AGREEMENT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, McLellan. Nays: None. Absent: None. The Ma yor declared the motion carried. 621-53 OFFICIAL NAME FOR PROPOSED NEW RESERVOIR The City Clerk read the following recommendation of the Englewood Wa ter and Sewer Board in full: "That the proposed new reservoir in Dad Clark Gulch be named Englewood Reservoir No. l." Councilman Braun questioned the urgency of naming the reservoir. The Acting City Manager stated that the consulting engineers need to have an official name for the reservoir in filing certain papers and documents and in the preparation of final specifications for the dam. Councilman Braun stated ·that he felt the naming should be for some prominent citizen or person active in the acquisition of water for Englewood. The Acting City Manager stated that the reservoir could be officially named at its dedication. Discussion ensued. COUNCILMAN BRAUN MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE MATTE R BE TABLED UNTIL THE NEXT REGULAR MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, McLellan. Nays: None. Absent: None. The May or declared the motion carried. 621-54 APPO I NTMEN T TO WA TER AND sm·mR BOARD TO FILL VACANCY The City Clerk read the following recommendation of the Englewood Wa ter and Sewer Board in full: · "That an appointment be made promptly to fill the vacancy on the Englewood Water and Sewer Board created recently by the resigna- tion of r.u-. Richard J. Purcell. I I I Minutes of March 19, 1962 It is further recommended that consideration be given to the appoint- ment of Mr. John C. Kreiling due to his past affiliation with, and future potential value to the Board, provided he is agreeable." Councilman Smukler asked that further considerations to this appoint- ment be given. Discussion ensued. Councilman Smukler expressed the thought that appointing a person that is presently a member of the Planning Com- mission to tae Water Board would not be practical. He suggested that another person who is not presently serving on a Board or Commission be sought for the position. COUNCILMAN SMUKLER MOVED, COUNCILMAN BRAUN SECONDED, THAT THE MATTER BE TABLED UNTIL THE NEXT REGULAR .MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: None. The Mayor declared the motion carried. 621-8 PROCEEDINGS OF PUBLIC LIBRARY BOARD MEETING OF MARCH 13, 1962 The Mayor asked that the minutes be received and placed on file. Introduced as a bill by Councilman Brownewell 611-10 BILL FOR ORDINANCE NO. , SERIES OF 1962 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR PAVING DISTRICT NO. 11 IN THE CITY OF ENGLEWOOD, COLORADO; AP- PROVING AND CONFIW.llNG THE APPORTIONMENT OF SAID COST TO EACH LOT · OR~­ TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMER- GENCY. WHEREAS, there has been compliance with all the provision of law relating to the construction of paving improvements in Paving District No. 11 in the City of Englewood, Colorado, created pursuant to Ordinance No. 12, Series of 1961, finally adopted and approved on the 17th day of April, 1961; and WHEREAS, the time for filing with the City Clerk of the City of Englewood complaints or objections to the proceedings of the City Council has elapsed; and ,VHERE AS, two written complaints were received prior to March 16, 1962 and considered by the Council with the following action: 1. The assessment on Lots 25 and 26, cor r ected to $175.58 and lots 27 and 28 corrected to $159.06 both in Block 12, South Broadway Heights, without any change in the total assessment. 2. The assessment on Block 2, McKinley Subdivision 2nd filing was considered and the objection or protest overruled; and WHEREAS, no other objections or protests were made orally on the matter of assessments; and WHEREAS, fro m the statement made and filed with the City Council, it appears that the whole cost of said improvements is the sum of $332 022.83, of which amount the City of Englewood will pay $82,077.63, leaving $249,945.20 to be assessed against the real property in said District, said amount including costs of inspection, collection and other incidentals and also including interest as allowed by law; and WHEREAS, from said statement it also appears that the City Council has apportioned a share of the said whole cost to each lot or tract of land in said District, in accordance with the benefits to be derived by said property and in the proportions and am ounts severally set forth in a Re- solution adopted by the City Council on the 5th day of February, 1962, and in a public Notice, published in the Englewood Herald and Enterprise and Press on February 8, 15, a nd 22 a nd I·!a rch 1, 1962, which Resolution a nd Notice are by reference made a pa rt hereof; BE IT OR D/\IfJED DY THE CIT Y COUNC I L OF TH E CITY OF ENGl.EWOOD, COLORADO: Section 1. Th a t the whole cost a nd ap porti onment of the same, as set forth in sai u Resolution and Notice is hereby approved and confirmed, and said apportionment is hereby declared to be in accordance with the benefits which the property in said District will receive by reason of the construction ~ Minutes of Ma rch 1 9 , 1962 of said i mp rovements, and a share of said cost is hereby assessed to and upon each lot or tract of land within the District in the proportions and amounts set forth in said Resolution and Notice. Section 2. That said assessments shall be due and payable at the office of the City Treasurer, within thirty days after the final publi- cation of this Ordinance, without demand; provided that all such assessments may ; at the election of the owner, be paid in installments, with interest as hereinafter provided. Failure to pay the whole assessment within said period of thirty days shall be conclusively considered and held an election on the part of all persons interested, whether under disability or other- wise, to pay in such installments. In case of such election to pay in installments, the assessments shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual install- ments of principal, the first of which installments of principal shall be due and payable on or before the 1st day of August, 1962, and the remainder of said installments shall be due and payable successively on or before the 1st day of January, 1963, and the 1st day of January in each year there- after, until paid in full, and assessments will become delinquent on the 1st day of August in each year immediately following the date when install- ments of assessments are due, with interest in all cases on the unpaid principal at the rate of six per centum (6%) per annum, payable August 1, 1962, and annually thereafter on January 1 each year at the time of paying installments of principal. Failure to pay any installment, whether of principal or interest, when due, shall cause the whole of the unpaid prin- cipal to become due and payable immediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1 %) per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pay the amount of all unpaid installments with interest at one per centum per month, or fraction of a month, upon all delinquent installments, and all penalties accrued, and shall there- upon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default as to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the maturity of the next installment of interest or principal. Payments may be made to the City Treasurer at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (5%) will be made on all payments made during such period, but not thereafter. Immediately after the expiration of said thirty day period, said assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for col- lection, as provided by law. Section J. That if any one or more sections or parts of this Ordinance shall be adjudged unenforceable or invalid, such judgment shall not affect, impair or invalidate the remaining provision of this Ordinance, it being the intention that the various provisions hereof are severable. Section 4. By reason of the fact that bonds of said Paving District No. 11 are now outstanding and interest thereon will shortly become due and payable, that funds must be made available at the earliest possible date for payment of such interest and that payment of such interest is necessary to the immediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 5. This Ordinance, after its final passage, shall be recorded in the City Ordinance Book kept for the purpose, shall be authenticated by the signature of the Mayor and City Clerk, and shall be published in the Englewood Herald and Enterprise and Press, a newspaper of general circulation published in said City, within 7 days after its final passage and shall be and remain irrepealable until the assessments hereby made shall be paid in full. Section 6. A public Hearing on the Ordinance will be held at the City Hall in Englewood, Colorado, on Monday, the 2nd day of April, 1962, at the hour of 8:00 o'clock P. M., and Notice of such Hearing is hereby authorized to be given by publication once in The Englewood Herald and Enterprise and Press, in its issue of March 22, 1962. INTRODUCED AND READ This 19th day of March, 1962. ,,,. \ . .._J-./, /7'_ £?\I~ --( S E A L ) ATTEST: ~---,---T V-~~ ~ ,; I' ', .. I I Minutes of March 19tih, 1962 was read for the first time. COUNCILMAN BROWNEWELL MOVED, COUNCILMAN SMUKLER 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: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, McLellan. Nays: None. Absent : None. The Ma yor declared the motion carried. 621-55 RELEASE OF OFFICIAL BOND OF LESLIE R. RUDD The Acting City r.1anager presented a Cancelation Notice and Release of the Official Bond No. J02SoJ-SJ75 on behalf of Leslie R. Rudd, fonner City Manager. COUNCILMAN BRAUN r.!QVED, COUNCILrtJi.N LOVE SECONDED, THAT THE :MAYOR BE AUTHORIZED TO SIGN A RELEASE OF BOND FOR LESLIE R. RUDD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, McLellan. Nays: None; Absent: None. The Mayor declared the motion carried. 621-56 ANN UAL REPORT OF RECEIPTS AND EXPENDITURES FOR CITY STREET SYSTEM The Acting City 1·ianager presented the Annual Report to the Sa.aa•e Auditor of the Statement of Receipts and Expenditures of the City of Englewood for City Street Systems for the Year Ending December 31, 1961. He said this report had been prepared by the Engineer's office with the cooperation of the City Treasurer's Office. COUNCILMAN LOVE MOVED, COUNCILr!i AN BRO'VJNEWELL SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORI ZED TO SIGN THE ANN UAL REPORT OF RECEIPTS AND EX- PENDITURES FOR THE CITY STREET SYSTEr·i . Upon the call of the roll, the vote resulted as follows: Ay es: Councilmen Hoods, Sm u kler, 1li les, Love, Brownewell, Braun, McLellan. Nay s: None. Ab sent: None. The May or declared the motion carried. 621-27 A1"1ENDMENT TO AGREE MEN T \'TITH STNEE HIGHWA Y COMMISSION ON BELLEVIEW AVEN UE The City Attorney reported that in the ordinance authorizing an agree- ment with the State Highway Commission relative to the widening of West Belleview Avenue, that a paragraph relating to parking on the proposed highway was omitted. He stated that he would prepare a bill for an ordinance authorizing the additional paragraph. 6 21-59 RELATING TO VACATION OF ALLEY REQUESTED BY SWEDISH HOSPITAL The City Attorney reported that he had received a letter setting out the terms and arrangements for the relocation of the sanitary sewer affected by the vacation of part of the alley in Block 6, West View Addition. He recommended tha t the Council pass the ordinance vacating the alley on second reading. Introduced as a bill by Councilman Braun BY AUTHORITY ORDI NAN CE NO. 5, SERIES OF 1962 ,,. 1N ORDINANCE VACATING TH AT PAR T OF THE ALLEY IN BLOCK 6, WESTVIEW ADD- ITION TO EN GL EUOOD , DESCRIBED f,S FOLLO VlS : THAT PART OF SAID ALLEY BEING DST OF AND AD J ACENT TO THE SO UTH L OF LOT 9, AN D ALL OF LOT 10 THROUGH 16 INCLUSIVE, AND ALSO THAT PART OF SAID ALLEY BE .IN G \•TEST OF AND ADJACENT TO LOTS 32 TO 39 INCLUSIVE AND THE SOUTH i OF LOT 40, CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLO- RADO; AND DECLARING AN EMERGENCY. Mi nutes of March 19, 1962. was read for the second time. COUNCILMAN BRAUN MOVED, COUNCILMA N WOODS SECONDED, THAT ORDINANCE NO . 5, SERIES OF 1962, BE ADOPTED ON SECOND AND FINAL READING AND ORDERED PUBLISHED IN FULL I N THE ENGLEWOOD HER ALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Mi les, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: None. The Mayor declared the motion carried. 621-62 VACATION OF STREET RIGHT-OF-WAY AT SOUTH END OF HURON COURT The City Attorney reported that a new street access had been provided between Oxford and Princeton extending South Huron Court southwesterly from the cul-de-sac. The new right-of-way left a strip of land which the City had no use for and should be vacated. He stated that he had prepared a bill for an ordinance for this vacation. The Acting City Manager inquired as to whether the water main in the area was in the new right-of-way location. The City Engineer expressed the viewpoint that the water main was. Councilman Braun stated that this should be checked into and that if the ordinance was pass•d on first readin~ this evening it could not be killed by non passage on second reading should the water main not be located within the easement. Introduced as a bill by Councilman Woods A BILL FOR AN ORDINANCE VACATING THAT CERTAIN PART OF SOUTH HURON STREET DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF BLOCK 24, JACKSON'S BROADWAY HEIGHTS, SAID POINT BEING 2 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 17 OF SAID ADDITION; THENCE NORTH PARALLEL TO THE WEST ~INE OF SAID BLOCK 24 A DISTANCE OF 24 FEET; THENCE NORTH 33 DEGREES EIGHTEEN MINUTES JS SECONDS EAST A DISTANCE OF 20.94 FEET; THENCE NORTH 28 DEGREES 05 MINUTES 55 SECONDS EAST A DISTANCE OF 58.38 FEET; THENCE NORTH 16 DEGREES 02 MINUTES 23 SECONDS EAST A DISTANCE OF 41.62 FEET MORE OR LESS TO THE NORTHWEST COR- NER OF THE SOUTH 10 FEET OF LOT 12 OF SAID ADDITION; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTH 10 FEET OF LOT 12 A DISTANCE OF 20.81 FEET TO A POINT; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 4 DEGREES 16 MINUTES 40 SECONDS, A RADIUS OF 674.69 FEET, A CHORD WHICH BEARS SOUTH 22 DEGREES 28 MINUTES J9 SECONDS WEST, AND AN ARC LENGTH OF 50.36 FEET, THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10 DEGREES 14 MINUTES 39 SECONDS, A RADIUS OF 280.99 FEET, A CHORD WHICH BEARS SOUTH 28 DEGREES 14 MINUTES 11 SECONDS WEST AND AN ARC LENGTH OF 50.24 FEET; THENCE SOUTH JJ DEGREES 21 MINUTES JO SECONDS WEST A DISTANCE OF 51.10 FEET MO RE OR LESS TO THE TRUE POINT OF BEGINNING, ALL IN JACKSON'S BROADWAY HEIGHTS, CITY OF ENGLEWOOD, ARAP AHOE COUNTY, COLORADO. BE IT ORDAINED BY THE CII'Y COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 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 lJ, 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 certain part of South Huron Street described as follows: Beginning at a point on the West line of Block 24, Jackson's Broadway Heights, said point being 2 feet north of the Southwest corner of Lot 17 of said addition; thence West 50.5 feet to the true point of beginning; thence North parallel to the West line of said Block 24 a distance of 24 feet; thence North 33 degrees eighteen minutes JS seconds East a distance of 20.94 feet; thence North 28 degrees 05 minutes 55 seconds East a distance of 58.38 feet; thence North 16 degrees 02 minutes 2J seconds East a distance of 41.62 feet more or less to the northwest corner of the south 10 feet of Lot 12 of said addition; thence East along the north line of said south 10 feet of Lot 12 a distance of 20.81 feet to a point; thence along a curve to the right having a central angle of 4 degrees 16 minutes 40 seconds, a radius of 674.69 .. feet, a chord which bears South 22 degrees 28 minutes J9 seconds West, and an arc length of 50.J6 feet; thence along a tangent curve to the right having a centaal angle of 10 degrees 14 minutes 39 seconds, a radius of 280.99 feet, a chord which bears South 2S degrees 14 minutes 11 seconds West and an arc length of 50.24 feet; thence South 33 degrees 21 minutes JO seconds West a distance of 51.1 0 feet more or less to the true point of beginning, all in Jackson's Broadway Heights, City of Englewood, Arapahoe County, Colorado. I I I Minutes of March 19, 1962 Section 2. That the hereinabove described land is located entirely within the City of Englewood, Colorado, and does not constitute a boundary line between the City of Englewood and any county or other municipality. Section J. That the vacation of the hereinabove described part of So uth Huron Street will not leave any adjoining land without ' an established public road connecting said land with another established public road. , •I Section 4. That the City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar pipe lines and appurtenances, and for ditches and appurtena nces, if a n y , now located in the hereinabove described part of Engl ewood. Pa ssed on Fi rat Reading by the City Council of the City of Englewood, Colorad o, this 19th day of Ha rch, A. D. 1962, and ordered published in full in the Engl ewood Herald and Enterprise. v · /7 #/1 / 71~/ ~M~~_,,f'y . TTEST: ?:" 1 ....--------, 17Mayor ~~ wa s read fo r the COU N CILl,~AN '.!OODS r:ovED ' COU NCI Lr-iAN MIL ES SZCO ND ED' THAT THE PROPOSED BILL BE Pl .SSED O t~ FIRST READHJG AND ORDE RED PUBL I SHED I N FULL IN THE ENGLE- ·/OO D HERA LD M~D EN TE RPRISE . Upon t h e c all of t h e roll, the vote resulted as follows : .y es: Councilmen \·Joods, Smu k ler, r-:il es, Love, Brownewell, Braun, :cLe llan . . ays : n one. bs ent: t:one. ... Th e J·~ayo r declared the motion carried. 6 21-57 QUIET TITLE SU IT BY r':R . .AN D r-':R S. HIATT The City Attorney reported that service had been made on March 14th on the City Clerk in a quiet title suit brought by A. E. and Eileen M. Hiatt to quiet the title on an alley on which they had erected a garage. Di scussion ensued. Councilman Smukler stated that if the City can maintain right-of...tWay and service of the utilities in that alley they should not contest the suit. COUNCILMA N SMUKLER MOVED, COUNCIU'1AN BRO\tJNEWELL . SECONDED, THAT THE CITY ATTORNEY BE DIRECTED TO ACT AS NECESSARY IN ANSWERING THE QUIET TITLE SUIT; TO PROVIDE EASEMENT FOR THE UTILITIES LOCATED IN THE AREA UNDER SUIT; AND TO PROVIDE FURTHER PROTECTION FOR THE UTILITY LINES AS HE MAY DETERMINE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, Mclellan. Na ys: None. Ab sent: None. The Ma yor declared the motion carried. CITY ATTOR NE Y'S CHOICE The City Attorney reported that the City won the suit with J. T. Miller in which his dismissal by the Career Service Board was upheld. He reported that in the case of the District Court decision on the Cinderella City zoning that he did not feel it to be to the best interest of the City to appeal the District Court decision. The City Attorney gave notice that he desired a vacation from the last week of Ap ril through the first week in May. He stated that the Deputy City Attorney would serve for this period in his stead. Minutes of March 19, 1962. 621-11 TREASURER'S REPORT FOR MONTH OF FEBRUARY The Ma yor asked that the report be received and placed on file. NON SCHEDULED VISITORS AND CITIZENS Relating to South Suburban Park and Recreation District Mr. James Murphy, 2101 East Floyd Avenue, expressed the viewpoint that the City was moving in a direction which was detrimental .to its best interest and recreation in the City. He reviewed the background of the establishment of the Parks and Recreation Commission. He stated that those conditions were no longer in effect. He stated that as a citizen he would recommend that the City drop its effort to disb a nd the South Suburban Parks and Recreation District for the following reasons: 1. The City was not in a financial position to assume Recreaticn costs. 2. That the South Suburban District covers all the area of Englewood while its School District does not. J. That the recreation Council had not made valid attempts to work with the District. 4. That he felt the Recreation District should not turn over a blank check to the Recreation Commission as it does not represent all areas of the City. Councilman Smukler answered Mr. Murphy's statement~. point for point stating that Englewood was not seeking dissolution of the District but that the matter be brought to an election by the people. He expressed that Englewood was serving the recreational needs of the community with very few exceptions. He read the activities offered through the Engle- wood Recreation Commission. He reminded Mr. Murphy that the Englewood Parks and Recreation Commission originally was instrumental in the organ- ization of the South Suburban Parks and Recreation District. Discussion ensued. Councilman Braun inquired of the City Attorney what the City's pro- gress had been in securing drainage and park land immediately north of the Charles Hay School. The City Attorney stated that he had made agree- ments with all of the owners and had secured two of the tracts. Councilman Braun reviewed that this area had been under consideration for purchase by the South Suburban District but nothing had happened until construction was begun and Englewood moved into the area to prevent its being lost for recreational purposes. Discussion ensued. The Mayor intrnduced Mayor Calkins of Greenwood Village, is a member of the South Suburban Parks and Recreation District Board. Mayor Calkins stated that the District has its money in the bank but cannot buy property as rapidly as it would like. He stated that he personally would work with anyone and everyone to secure a solution to the problem which exists. He offered means of compromise rather than continued disagreement between the City and the District. Councilman Smukler set forth in detail the various projects and improvements requested of the South Suburban Parks and Recreation District, none of which were received, including the land acquisition at Charles Hay School site. RECE SS The Mayor called a recess of the Council until 10:35 P.M.' CALL TO ORDER The Ma yor c a lled the Council to order at 10:45 P.M. with the follow- ing persons present: Councilmen: Braun, Brownewell, Love, Miles, Smukler, Woods, McLellan. The Mayor declared a quorum present. REL ATI NG TO POSSIBLE PURCHASE OF LAND IN THE EAST CORNELL SOUTH LOGAN STREET AREA Mr. Mack D. Dohman, 1111 East Tufts Avenue, stated that he had an option for the purchase of 1.6 acres of land in the East Cornell South Logan area, owned by Mrs. Si gler. He stated that the price was $6,600.00. Mrs. Nestlerode stated that all arrangements had been made for the purchase of this land by South Suburban. Mrs. Nestlerode stated that per- haps the District could lease the above site to the City after it had acquired it. Discussion ensued. There was no action on this matter. I I ' I I Minutes of March 19, 1962 621-63 ANNEXATION PETITION FOR CENTENNIAL ACRES SHOPPING CENTER Mr. Walter R. Wellman, presented a petition for annexation of an incorporated territory in the County of Arapahoe, State of Colorado, to the City of Englewood, known as the Centennial Acres Shopping Center. The City Clerk received the petition at 10:57 P.M. and so noted. COUNCILMAN HILES MOVED, COUNCILMAN SMUKLER SECONDED, THAT THE PETITION FOR ANNEXATION BE RECEIVED AND FAVORABLY CONSIDERED FOR ANNEXATION TO EB9LEWO OD AND BE REFERRED TO THE CITY ATTORNEY FOR CHECK AS TO ADEQUACY AND PREPARATION OF LEGAL NOTICE AS REQUIRED BY LAW. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, Smukler, Hiles, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: None. The Mayor declared the motion carried. OTHER MATTERS Councilman Smukler inquired as to the last date of changes in the extent of Paving District No. 12 could be made. The City Clerk stated that on April 2nd a bill for an ordinance would be presented for the Council's consideration. Councilman Brownewell, Chairman of the Committee for the selection of a City Manager, distributed summaries of the qualifications of appli- cants to date. RECESS COUNCIIJ 1AN BR AUN r!OVED, COUNCIL MA N SMUKLER SECONDED, THAT THE MEETING BE RECESSED UNTIL 8: 00 P .M. , MONDAY, J.'v1ARCH 26TH TO CONVENE AT THE CITY cotmCIL CHAIIDERS' CITY HALL, ENGLEWOOD, FOR THE PURPOSE OF A PUBLIC HEARING ON THE PROPOSED PA VING DISTRICT NO. 12. Upon the call of the roll, the vote resulted as follows: 1yes: Councilmen \'/oods, Smukler, Miles, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: None. The Mayor declared the meeting recessed at 11:07 P.M. The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 19th day of March, 1962 A.D., stand approved as written this 16th day of April, 1962 A. D.