The URL can be used to link to this page

Home My WebLink About1962-03-26 (Recessed) Meeting MinutesRECESSED MEETING . COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 26, 1962 CALL TO ORDER The Mayor called the Council to order at a:OO P.M., Monday, March 26, 1962, in the Council Chambers, City Hall, Englewood. Upon the call of the roll, the following members were present: Councilmen: Brownewell, Love, Miles, Smukler, Woods, McLellan. Also Present: Acting City Manager Babcock, City Attorney Esch, City Engineer Davies, Acting Clerk Curtice. Absent: Councilman Braun, City Clerk Beausang. The Mayor declared a quorum present. 612-94 PUBLIC HEARING ON THE CREATION OF PAVING DISTRICT #12 The Acting Clerk read the Notice of the Proposition to Create a Local Improvement District in Englewood, Colorado, to be known as Paving Dis- trict #12, and to make certain street and alley improvements therein and for a hearing thereon in full. He stated that this notice had been pub- lished in full in the Englewood Herald and Enterprise a legal newspaper, on February 2~, March 1 and g, 1962. · COUNCILMAN MILES MOVED, COUNCILMAN S.MUKLER SECONDED, THAT THE PUBLIC HEARING BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Woods, Smukler, Miles, Love, Brownewell, McLellan. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried and that the hearing was opened. The Acting Clerk read a written protest filed by Alfred Imbro, 1400 East Oxford Avenue, and noted that he had received a copy of a petition which would be filed later in the meeting, and a favorable reply from Mr. and Mrs. Leo G. Dorris, 1311 East Bates Avenue which stated that although they could not attend the public hearing they were in favor of the proposed district. The Mayor asked that the City Engineer explain the extent of the district and the various improvements proposed for each of the streets within the City. The City Engineer did so by use of maps and diagrams showing the district, the methods of assessment, and the maximum costs for the improvements to be undertaken in the district. Mr. James Colletti, 1360 East Bates Parkway, read the following petition directed against the proposed improvement district #12: Mr. B. O. Beausang, City Clerk Englewood City Council City Hall · Englewood, Colorado Englewood, Colorado 22 March 1962 Dear Sir: RE: Proposed Improvement District No. 12 Please communicate to the honorable members of the Ehglewood City Council, and to all others whom this memorial may rightly concern, that the undersigned citizens, residents and taxpayers of this city, having carefully read and examined the contents and purport of the Council's novel proposition to set up what is denominated as "Paving District No. 12, to make certain str eet and a J ley improvements therein,~· do here.kl74·": in aat:orda nce with the ' procedureJ .outlined in · the twice published not- ification appearing in the Engl:ewood Herald and Enterprise and Press, dated: Feb. 22 and March S, 1962 tender this demurrer and protest, in writing, as requested, and also take sharp and unequivocal exception to the necessity, desirability and justification for the political venture in city beautification as embodied in the proposal above noted. We do not question the Council's formal authority ·to submit the proposal named above, yet we do not understand the so-called @explana- tions" that accompany the verbal apparatus in which the hbnorable Council sees fit to dress the proposition. But we would now sharply remind the honorable members that they have in no wise succeeded in lawfully justifying their proposition; rather, we would submit that I I .__ Minu,es of March 26, 1962 the language employed in their notification rather poorly disguises a possi- ble abuse of the honorable Council's authority, to attempt 'to impose an arbitrary financial burden on all those potentially involved in this so- called beneficial improvement. As a political maneuver, we profess to see in it an unmistakable abuse of authority. May we now suggest to the members of the honorable Council that, in the perfonnance of their obligations to the resident taxpayers of this so- called District No. 12, they continue to supervise the reasonable and effective repair of the str.eets within the limits of the proposed district, and in place of the fitful attention and careless indifference which mark past perfonnances, let them undertake, as they are duty bound, to maintain the decent street conditions, at the City's current expense, for the well- being and convenience of the undersigned and all others who are affected by the fair, just and rightful expenditure of the City's tax collections and income. Respectfully and mindfully yours, THE UNDERSIGNED (followed by 43 signatures) 1·!r. Colletti stated that there were 43 signatures upon the protest. Discussion ensued. Mr. Robert Slyter, 4147 South Lincoln Street, presented, a petition of protest against the inclusion of East Oxford Avenue from the East side of South Lincoln Street to the West side of South Logan Street within the ·proposed Paving District No. 12 as follows: Protest is hereby made to exclude the proposed paving from the fol- lowing places named. On- East Oxford Ave. East 5side S. Lincoln St. To- West side S . Logan St. In the notice of proposition for Paving District 12, Inclusion in this proposition would be financial hardship for the property .. ·. owners on S. Lincoln from Oxford to Nassau included in Paving District #1 0 , as well as the owners who reside on East Oxford from Lincoln to Logan. Mr. Slyter stated that the above p etition was signed by 64 persons who did not feel that the paving was necessary and would be an excessive financial burden upon those required to pay its cost. Discussion ensued. Various citizens present questioned the Council and the City Engineer as to the s peci fi c i mp rovements to b e undertaken a nd the approximate cost of t h ese imp r ov e ments. There b eing no f urther questions or co mm ents by those present or the City Engineer or the Councilmen in res ponse, the 1'1ayor asked for a motion to close t h e hearin~. COU UCILI :AH BRO:·.TNE ~!ELL "" PUBLIC HEARING BE CLOSED . a s follows: , COUI J CI LITA~ T:JO ODS SECONDED, THAT THE t h e c a ll of the roll, the vote resulted Ayes: Councilmen \•foods, Sm u kler, I·li les, Love, Brownewell, Mclellan. ays: None. Absent: Councilman Dr aun. The Ma yor -declared the mo tion c a rried. RE CESS The Ma yor c a lled a recess of t h e Council until 10:20 P.M. CALL TO ORDER The r~ay or c a lled the Council to order at 10: 20 P .M. with the following members present: Council m en ·~ Brownewell, Love, Tiiles, Smukler, Mclellan. bsent: Councilmen Braun, \·foods, lso Present: Ci ty Clerk Beaus a n g . The May or declared a quorum present. Mi nutes of Ma rch 26, 1962 The May or reviewed the various protests and comments made, both in writing and verbally in the course of the public hearing just completed and stated that in his opinion that no objection expressed was strong or firm enough to warrant the striking of a ny of the improvements from the proposed district. Discussion ensued. COUNCIIJ.'!AN BROWNm·JELL MOVED , COUNCILMAN MILES SECONDED, THAT THE STREET I MPR OVEMEUT PR OGR AM AS ADVERTISED I N THE NOTICE OF THE PROPOSITION TO CREATE A LOC AL I MPR OVEMEN T DISTRICT BE AP PROVED IN FULL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Miles, Love, Brownewell, Mclellan. Nays: Councilman Smukler. Absent: Councilmen Braun, Woods. Councilman Smukler reviewed the petition submitted by Mr. Colletti for content and found that it was not specifically against the inclusion of any particular block of the district. He stated that if it had been against the particular block in the district that he felt the street should be deleted. Under these conditions he changed his ~No" vote to "Aye". The Ma yor declared the motion carried. RELATING TO PUR CH ASE OF LAND AT SOUTH LOGAN AND EAST BATES The City Attorney reported that a difference of opinion as to the method of purchase by the South Suburban Park and Recreation District and leasing of land at South Logan and East Bates from that District by the City had arisen. The Attorney for the District had infonned him that the City Council was to petition the District for the use of the land under a lease. Discussion ensued. The May or suggested that under the circumstances that the City should be careful to present a uniform action in dealing with the South Suburban Parks and Recreation District. If the proposed purchase and lease of the site at South Logan and East Ba tes had been si ·~cessful it may have been the beginning of a workable arrangement, but under the circumstances he recomm ended that there be no further action with regard to seeking the land under question through the District. The City Attorney agreed that any cooperative action at this time may represent an undermining of the position maintained by the City of Englewood in seeking to bring the question of dissolution of the District to a vote of the people. AD JOUR N COUNCI LMAN SMUKLER MOVED, COUNCILl-'lAN MILES SECONDED, THAT THE MEET- ING BE ADJOURNED . On the call of the roll, the vote resulted as follows: Ay es: Councilmen Smukler, Mi les, Love, Brownewell, McLellan. Nay s: Non e. Ab sent: Councilmen Braun, Woods. The Mayor declared the meeting adjourned at 10:35 P.M. The mi nutes of the meeting of the City Council of the City of Engle- wood, Coloradoi held on 26th day of Ma rch, 1962 A. D., stand approved as written this loth day of Ap ril, 1962 A. D. ~. I I I