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HomeMy WebLinkAbout1962-04-02 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLE WOOD, COLORADO APRIL 2, 1962 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, April 2, 1962, in the Council Chambers, City Hall, Englewood, at the hour of $:00 P.M. Mayor Mclellan presiding called the meeting to order and the invoca- tion was given by the Reverend Richard Lundberg of Saint .George's Episcopal Church. The Mayor asked for roll call. Upon the call of the roll, the follow- ing persons were present. Councilmen: Braun, Brownewell, Love, Miles, McLellan. Also Present: Acting City Manager Babcock, City Attorney Esch, City Clerk Beausang. Absent: Councilmen Smukler, Woods. The Mayor declared a quorum present. 621-2 MINUTES OF PREVIOUS .MEETINGS COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE CONSID- ERATION OF THE MINUTES OF THE MARCH COUNCIL .MEETINGS BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Miles, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: Councilman Smukler, Woods. The Mayor declared the motion carried. 621-14 PUBLIC HEARING ON PROPOSED REZONING OF LUNDGREEN PROPERTY The Acting City Manager reported that a bill for an ordinance re- zoning the property at the northeast corner of West Oxford and South Inca Street, from R-1-D to R-3-B zoning was introduced at the regular meeting of the City Council on March 5, 1962. Public notice was pub- lished on March 8, 1962 of the public hearing scheduled for this meeting of the Council. (Bill for an ordinance copied in full in minutes of March 5th) Legal description of the property under proposed rezoning is as follows: 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. COUNCILMAN LOVE MOVED, COUNCILMAN MILES SECONDED, THAT THE PUBLIC HEARING BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Miles, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: Councilmen. Smukler, Woods. The Mayor declared the public·hearing opened. The Mayor announced that, although there was a long agenda of items to be considered by the Council after the public hearing, there would be no time limits placed on the presentation of arguments for or against the proposed zoning. He requested that duplication of arguments be eliminated as much as possible. He requested that those in favor of the resoning raise their hands. Two persons raised their hands. He requested that those opposed to the rezoning also raise their hands. There were 25 persons in opposition. The Mayor asked that Mrs. Dorothy Romans, Planning Director, present colored picture slides and other information pertinent to this case. Mrs. Romans presented approximately 12 colored slides of the area showing the existing buildings on the site under consideration as well as those located on area immediately surrounding the site. '· Minutes of April 2, 1962 The Mayor asked the proponents to present their case. Mr. William Caldwell, representing the petitioner, Mr.·Robert F. Lundgreen of 855 est Oxford Avenue, presented the case for the petitioner. He asked Mr. Lundgreen various questions to establish certain facts as follows: That he had owned the property f or approximately Ji years, That he had bought the property on the assumption of R-3 zoning, That there were no other buildings in the area when he purchased the property, That if rezoning were granted he would construct a two story U- shaped apartment building at an estimated cost of $200,000.00, That the site was only 150 feet from industrially zoned land, That the present buildings had been used for multi units for 12 to 25 years, That the present buildings are in need of repair which cannot be be made under the present zoning. (Councilman Smukler entered and took his seat at 8:13 P.M.) Mr. Lundgreen stepped to a map to indicate the various non-resi- dential usages in the immediate area which would support or establish need for multi residential units in the area. Councilman Braun inquired as to who told Mr. Lundgreen that the zoning of the property was R-J. Mr. Lundgreen said that both Mrs. Childers, the owner, and a representative of the Towne Realty Company gave him this infonnation. He remarked that he should have personally checked on this but did not do so. The Mayor called for arguments by those opposed. Mr. Robert E. Ratcliff, 4025 South Inca Street, rose as the spokesman for those in opposition. He presented the following documents to the Council: 1. A petition against rezoning as follows: "PETITION AGAINST REZONING TO: ENGLEWOOD CITY COUNCIL: (Hearing Ap ril 2, 1962) We the undersigned residents and/or homeowners residing on the premises who address is set· opposite our names respectfully petition the City Council to refuse the request to rezone certain property fronting on Oxford Street immediately East of Inca; part of this property being described as All of tracts 7 and a, except the North 21.4 feet thereof and the So uth 71 feet of the No rth 92.4 feet of tract 6, CHILDERS SUBDIVISION, County of Arapahoe, Colorado, and any other property con- tinguously situated fr om Rl to R J B a nd in support hereof represent: 1. That such property is not contiguous to like zoning, is not a full city block and represents Tl s po t zoning'' of the most obnoxious nature. 2. That the firm pol icy of the Ci ty of Englewood has always been in complete opposition to i:s pot zoning" and would constitute an unwar- ranted radical depar ture from est ablish ed poli cy upon which land owners have relied. J. That there is no zoning simi lar to that proposed for numerous blocks around and where there is , at a di stance, ma in arteries of travel exist. 4 . That such rezoning would ch ange t h e .established character of the nei ghborhood, upon which land owners have relied. 5 . That such zoning would de stroy land values in a large neighbor- hood and gradually create a canc erous slum a re a right in the center of what is now one of En glewood's largest residential districts. 6 . That a building erected under terms of such rezoning would be out of proportion and out of ch a r act er a nd destroy the esthetic properties of the neighborhood. 7. That the gran ting of such a request is a radical departure from establi shed zoning and would render the planning commission liable for the granting of similar requ ests in that, having set this precedent, refusal would then b e arbitr a ry. This wo uld for all practical purposes destroy zonings in Engl ewood. " I I I Mi nutes of April 2, 1962 a. !numerable fam ilies have purch as ed ho mes in the area in old and new subdivisions relying on the established character of the neighborhood. 9 . Granting of such rez oni n g would over burden existing school facilities which a re presently ad e quate a nd therefore require additional taxation to provide for pr oper fa c ilities . 10. That construct ion and o ccu pancy of a building in conformance with such rez oning would cre a te a traffi c probl e m and place on onerous burden on surrounding pro perties.' There were 167 signatures on the ab ove peti tion. 2. A letter by Ma r y A. Crosby, owner of the north $0 feet of tract 9, Childers Sub division, statine that the request for rezoning was made without her kn owled g e or consent a nd certified copy of a deed to this land . J. That Ada E . Peterson was the owner of Tract 9 Childers Sub- division, except th a t deeded por tion noted in 2 above. 4 . Certified d eed to Wilson Investment Company, relating to the south 198 feet of Tract 6, Childers Subdivision. 5. Certified deed to Robert J. and Ma rgaret W. Hogland, for the north 21.4 feet of Lots 6, 7 and $ a nd all of Lot 5 Childers Sub- division, except a porti on of said lot 5, described in detail, not under consideration a t this time. 6 . A certified deed to Robert F . Lundgreen and Jene M. Lundgreen, joint ownership, of all of Tracts 7 and g except the north 21.4 feet thereof and the south 71 feet of the north 92.4 feet, Tract 6, Childers Subdivision. 7. Photostatic co py of Ordinance No. 36, of 1960, vacating a certain utility easement described as the west 7 feet of Lots 1, 2, J, 4 , 5, and 6 of Childers Subdivision. 8 . Certified co py of a deed from Robert F. Lundgreen to Jene . Lundgreen fo r the property described in 6 above. 9. The deed of trust in the amount of $26,ooo.oo from Robert F. and Jene M. Lundg reen to r ~ary R. Chi lders . 10. A letter to Mr. Robert Ra tcli ff from Robert R. Leino, of el l Realty, expressing a n opinion th a t the rezoning would ad- versely affect the res al e value of the property at 4045 South Jason Street. 11 . A letter of protest from B. J. and Alma Egan, 4055 South Inca Street . 12. A letter of pro test from Mr . A. N. Kubala, 4045 South Inca. lJ. A letter of protest from Irving Bennett, 4040 South Inca. 14. A letter of protest from Mr . Robert E. and Genevieve A. Ratcliff, Sr., 4025 South Inca. 15. A letter of protest from Mr. Harold E. and Mrs. Shirley J. Howe, 4060 South Jason Street. All of the above were filed at 8:37 P.M. and immediately thereafter. (Councilman Woods entered and took his seat at 8:43 P.M.) Mr. Ratcliff set forth that the description of land proposed for rezoning includes all of Tract 9, the owners of which are Mary Crosby and Ada Peterson. He discussed the inclusion of Tract 9 by the planning co mmission , although not included in the original zoning request sub- mitted by the Lundgreens. Statements were also made by Mr. Allen Kubala and Bernard Egan that ~ii'. Lundgreen had stated he would t ak e the case to the Supreme Court if not grant ed the zoning request. Mr . A. H. Sipes of $05 West Oxford observed that there were nearly 11 traffic collisions recently in the area and that additional traffic would undoubtedly cause an increase in a ccidents. Mr. Ratcliff continued with citations of various Colorado and other Supreme Court decisions relating to "spot zoning" and related legal questions. linutes of April 2, 1962 Mr. Caldwell replied in rebuttal that increased children .increased traffic are not related to this matter of rezoning. He stated that the present structures devalue the land and that the proposed improvements would increase the value of the land and promote its beat usage. He stated that a denial of the right to use the land to its best use would be depriving the owner of his rights. Mr. Ratcliff countered with a question as to what assurance could the petitioners give as to the construction of the buildings as proposed. The Mayor spoke of his appreciation to all those present for the excellent way the hearing had progressed. COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE HEARING BE CLOSED. 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. The City Clerk read a letter fro m ITr. Kenneth W. Jones, of 4075 South Inca and Mrs. Hall Asling, 4065 South Inca, received on March 2, 1962, at his office, seeking to erase their signatures from the petition submitted to the Planning and Zoning Commission in protest to the re- zoning cons:iJlred by the Planning Commission at that time. The letter stated that this removal was intended to promote neutrality in the mat- ter rather than to indicate favorable consideration. Councilman Miles spoke of the Planning Commission's consideration of this request for its denial based u pon the facts that the site is less than a city block not contiguous to a similar zoning classification; that inadequate proof has been submitted for the need for the zoning that the surrounding area is developed in single family dwellings; and that ~here was considerable strong objection to the rezoning. COUNCIIJ..iAN MILES MOVED, THAT THE MATTER BE TABLED. COUNCILMA N BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE MATTER BE SET ASIDE FOR FURTHER CONSIDERATION AND THAT THE MINUTES OF THE COUNCIL AND PLANNING COMMISSION BE SET BEFORE THE COUNCIL WITH ALL OF THE ISFORMATION TABULATED AND SET FORTH CLE ARLY SO THAT THE COUNCIL - MIGHT ARRIVE AT AN EARLY DECISION. COUNCIL MAN MILES WITHDREW HIS MOTION. 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 r.1ayor declared the motion carried. REL ATI NG TO ZO NI NG AND CLEAN-UP PROBLEMS IN SCENIC VIEW r.~s. Maxine Stanley, 2310 West Harvard Avenue, stated that she was spokeswoman for the residents of the Scenic View area that were interested in improving the Scenic View area of the City. She stated that she had been a property owner in Scenic View for 23 years and was instrumental in the annexation of the area to Englewood. She remarked that the M-2 zoning of a major part of the Scenic View area was secured by persons seeking personal gain by sale of their land at a substantial profit. This zoning permitted the establishment of junk and wrecking yards which had degraded the entire area. She reviewed the various methods used to encourage a clean-up of the area which their varying success. She stated that stronger legis- lation was necessary which would permit enforcement of clean-up orders and efforts. She thank•d the City officials and Councilmatic representatives of the area for their past consideration of the Scenic View problems and suggested that a transitional zone be introduced between the residential areas and the M-2 industrial zone. Discussion ensued .. _,I I I I .inutes of April 2, 1962 ~s. Celia Perry , 23 49 West Harvard Avenue, spoke briefly about the lack of g rowth in an industrial manner of the Scenic View area in particular wh y more o f the )0 industrial plants not locate themselves in the Scenic iew area. The Mayor stated that water and sewer utilities were necessary as well as access to the area. He stated that effort• were bein~ made in each of these re ~ards and t ha t in ·his opinion the Scenic View area provides the b eat industrial location in the Englewood area. Mr. Robert Carman , Z onin~ Inspector, s poke in detail as to various speci f ic requirements whi ch e y isti n~ ordinances did not cover, namely that of confiscating propert y n ot owned by the person who has it stored. He stated this situation a rises man y times in connection with wrecked cars. Discussion ensued. The Mayor thanked r~s . Stanley and Mrs. Perry for their comments and attendance to the Cou nci l m eetin ~. 621-64 AUDIT REPORT FOR YEAR ENDING DECEMBER 31, 1961 Mr. Wi lliar11 v,~n Sch oone veld o f Walter E. Heider and Company, Certified Public Accountants, prese nt ed co pi es of the Audit Report for the year ending Decem b er )1, 1961 o f all the f u nd s of the City of Englewood to the City Council. He re vi ewe d the r eneral and specific comments of the audit report with the Councilmen. He stated that in gene;al the City records are well k e p t and the City is a f airly £ood financial condition. He recommended that the Reserv e Fund f or Capital Additions, and the Sewer Districts Fund, could b e com b i n ed with the Sewage Disposal Plant Fund through an impro v ed administrative procedure. The City Clerk-Treasurer co mme n ted that t h e division of funds had b een established by ordinan ce and t h at Council action would be required to integrate f unds. RECESS The Mayor called a recess of the City Council at 10:20 P.M. CALL TO ORDER The Mayor called the Council to order at 10:20 P.M. with the follewing members present: Councilmen Braun, Brownewell, Love, Miles, Smukler, Woods, McLellan. The Mayor declared a quorum present. 621-66 RELATING TO DENIAL OF REZONING REQUEST OF A. E. THOMPSON LAND Mr. M. M. Summers, representirgMr. A. E. Thompson owners of the land west of South Cherokee Street extended, hetween Grand and Belleview Avenue in his request f or R-3-B zonin ~. This re~onin g request was denied by the City Planning and Zoning Commission on March 22, 1962. Mr. Summers re- quested that a hearing h e f ore the Council he conducted on this matter. The Mayor requested that the Cit y ~ttorney draft a bill for an ordinance to be introduced b e f ore the Cit y Cou n cil at its next regular meeting so that a hearin g mav b e set at that time. 621-6 PROCEEDINGS OF PLA NN I NG AND ZONING COMMISION MEETING OF MAR CH 1 6 , 196 2 621-4 The Mayor asked that the minutes b e received and placed on file. PROCEEDI NGS OF BOARD OF ADJUSTMENT AND APPEALS MEETING OF MARCH 14, 1962 The Mayor asked that the minutes be received and placed on file. 621-3 MINUTES OF PARKS AND RECREATION COMMISSION MEETING OF MARCH 21, 1962 6 21-78 Recommending Purchase of ~ates --Logan Park Site The City Clerk read the followin g recommendation of the Parks and Recreation Commission in full: "That the Commission recommends to the City Council that they proceed as quickl y as possible to purchase the three remaining parcels of land proposed for the Bates --Logan Park Site." Minutes of April 2, 1962 COUNCILMAN BROWNEWELL MOVED, COUNCIL MAN WOODS SECONDED, THAT THE COUNCIL CONCUR IN THE PARK AND RECREATION COMMISSION RECOMMENDATION AND THAT THE CITY MANAGER PROCEED TO NEGOTIATE FOR PURCHASE OF THE TRACTS WHICH MAKE UP THE SITE AS SOON AS POSSIBLE FOR AN ESTIMATED AMOUNT OF $6 ,600.00 AND, FURTHER, THAT THE ACTIVG CITY MANAGER PREPARE A RESOLUTION FOR TRANSFER OF UNAPPROPRIATED SURPLUS WHEN THE SALE IS COMPLETED. Councilman Smukler inquired if there had been further communication from the South Suburban Metropolitan Park and Recreation Commission with regard to the development o f this park. The May or read the followinp, letter in full: SOUTH SUBURBAN METR OPOLITA N RECREATION and PARK DISTRICT N. L. Mclellan, 1'18.yor City of Englewood City Hall En2lewood, Colo~ado Dear Sir: Willard Leuthauser, Director of Recreation & Parks 3405 S. Lincoln March 28, 1962 The Board of Directors o f the South Suburban Metropolitan Recreation and Park District requests the lease, at the rate of one dollar per y ear, of that land parcel owned by the City of Englewood, located north of E. Cornell Ave. at S. Pennsylvania, a similar lease to be obtained f rom the En glewood School District No. 1 upon their land pa rcel north of yours, with the condition that the South Suburban Metropolitan Recreation and Park District will obtain, by purchase or otherwise, those land parcels lyin~ to the east of the Englewood-owned parcels, provided they can be obtained at a reasonable price, and upon the condition that, upon obtaining all these parcels by lease and hy purchase, the South Suburban Metropolitan Recreation and Park District will develop the entire area into a puhlic park, immediately. Your earliest possi b le answer to t h is request will be appreciated. Very truly y ours, s / Dorothy L. Nestlerode Dorothy L. Nestlerode Secretary The City Attorneyrendered his o p inion that the City could not enter into a lease f or t h e use o f nark land without a vote of the people. Councilman Love su ~~ested that the South Suburban District be en- courae ed to develop other sites where no conflict of interests exist. The Mayor asked that the Cit y Attorney reply to the Park District with a letter settin ~ for t h the need f or an election. The question was called f or. Upon the call of the roll, the vote resulted as fo llows: Ay es: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, Mclellan. Nay s: None. Ab sent: None. The May or declared the motion carried . 621-7 PROCEEDINGS OF WATER J\ND SE WER BOARD MEETING OF MARCH 14, 1962 621-53 Official Nam e f or Dad Clark Gulch Reservoir COUNCILMAN BRA UN MOVED , COID-!CILMAN BR OWN EWELL SECONDED, THAT THE MATTER OF OFFICIALLY NAM I NG THE l'TE \•! RAV! WA TER RESERVOIR IN THE DAD GULCH AREA BE REMOVED FROM THE TA BLE. Upon t h e call of the roll, the vote resulted as follows: Minutes of April 2, 1962 Ayes: Councilmen Woods, Smukler, Hiles, Love, Brownewell, Braun, McLellan. Nays: None. Absent: None. The Mayor declared the motion carried . Councilman Braun expressed the opinion that the reservoir should be named for aome person who has been acti ve in the acquirin~ of the Englewood water rights or water s y stem rather than simply Englewood Reservoir No. 1, Discussion ensued. Several names of men active in securing and building up the Englewood water s y stem were mentioned. Councilman Brownewell stated that the proposed reservoir could alwa y s be renamed at the time of its dedication rather than at this date. Discussion ensued. COUNCILMAN SMUKLER MOVED, COUNCI LM AN WOODS SECONDED, THAT THE NAME OF THE RESERVOIR TO BE CONSTRUCTED I N DAD CLARK GULCH BE ENGLEWOOD RESERVOIR NO. 1. 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. 621-54 Appointment to :----_"' . or} __ Ylate:r:. and Sewer Board COUNCILMAN SMUKLER MOVE D, COUNCIL MAN LOVE SECONDED, THAT THE APPOINTMENT OF A MEMBER TO TH E WATER AN D SEWER BOA RD TO FILL THE VACANCY CREATED BY THE RESIGNATION OF ~m. PURCELL BE REMOVED FROM THE TABLE. 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. Councilman Smukler stated that he had considered the matter of appoint- ment and offered the name of Dr. S. C. Percefull in nomination for the appointment. Councilman Brownewell placed the name of former Mayor Kreiling into nomination in recognition of his past services and ability. Discussion ensued as to the need for a past Councilman to serve on the Water and Sewer Board. The Mayor spoke that he would vote for Kreiling because of Kreiling'a experience with the City problems as a whole and specif~cally as Kreiling had served on the Water and Sewer Board as Mayor. COUNCI~N BRAUN MOVED, COUNCIIJ~AN SMUKLER SECONDED, THAT NOMINATIONS BE CLOSED. Upon t h e 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 an d directed that a poll of the Council be taken by roll. Percefull: Councilmen Woods, Smukler, Miles, Love, Braun. Kreiling : Councilmen Rrownewell, Mclellan. The Mayor declared Dr. Percef ull elected by the Council and thereby appointed to fill the v acancy on the Water and Sewer Board, term ending February 1, 1966. 621-5 PROCEEDI NGS OF CAREER SER VICE CO MM ISSIONERS MEETING OF MARCH 28, 1962 The Mayor asked that the minutes be received and placed on file. 621-10 QUARTERLY REPORT OF MUN ICIPAL COURT The Mayor asked the re port ~e received and placed on file. Minutes of April 2, 1962 621-6 PROCEEDINGS OF PLANNI NG AND ZO NING COMMISSION MEETING OF MARCH 22, 1962 621-73 Relating to Zoning of Area including Pleasant View Lan! The City Clerk read the following recommendation of the City Planning and Zoning Commission in full: The Planning Commission recommend to City Council that the resoning request for the area hounded by South Lowell Boulevard on the west, by South Irving Street on the east, and extending on either aide of Pleasant View Lane to the present city limits for R-1-C zonin r. be p,ranted. The Mayor directed the Cit y Attorney to prepare .a bill for an ordinance to enact the proposed rezoning for introduction at the next regular Council meeting. 621-74 Relating to vacation of _r.ortion of South Bannock Street in vicinity of Gral'l.q, _~~e_nu~ ------ The City Clerk read the f ollowing recommendation of the City Planning and Zoning Commission in full: That the Planning Commission recommend to Council the vacation of that portion o f South Pannock Street extended .that lies to the West of Stander Suhdivision, and the utility easement that lies within the Stander Subdivision. The Mayor directed the City Attorney to prepare a bill for an ordinance to vacate that portion of South Bannock Street extended that lies to the west of Stander Subdivision and the utility eaaement in that subdivision. 621-79 Denial of rezonin g Southeast of ~Sou~ Sherman and Jefferson Avenues The City Clerk read the followin ~ recommendation of the City Planning and Zoning Commission in full: That the rezonin g request made by Mr. Anderson for the rezoning of the area bounded by South Sherman on the west, East Jefferson Drive on the north, South Lo ~an on the east, and East Kenyon on the south, be denied f or the f ollowinP, reasons: 1. No clear indication o f need ha s been shown. 2. The rezoninr o f this area woul d render most of the existing uses non-conformin p in as much as the y would not meet front- age and area requiremen ts . J. The subject area is well de veloped accordin g to the present zone. The May or asked that the recommendation ~e received and placed on fi le. The Mayor asked that the minu tes o f the City Planning and Zoning Commission be recei v ed and placed on fi le. 621-80 REPORT FROM BUILDirG If'.TSPECTOR otr ACTIVITIES I N THE SCENIC VIEW AREA The Mayor stat e d that as t hi s n atter h ad been discussed with Mrs . Stanley and Mr s. Perry be f o r e th e Coun c i l that the report be received a ~d placed o n fi le . 621-27 AVEf'.'Dr"Ef·tT OF STATE HIGffi•Tfi.Y AGREEMEN T Introduced as ill l'w Coun cilrra rownewell /, PILL FOR AN ORDINA~TCE /J "Etrr n'G Of?DINANCE NO . 3' . SE RIES OF 196 2 OF THE ORDINANCES OF THE CITY OF Ef;GLE'·mon , COL ORADO ' BY PROV IDI}1G FOR AN AMENDMENT TO THE SAID ORDINANCE WHICH /IPPRO'!ED A~! AGREEMErTT WITH THE STATE HIGHWAY COMMIS- SIOU OF COLO RADO FOR THE PURP OSE OF Ir-TROV I NG A PO RT IO N OF STATE HIGHWAY NO . 88, PAR TLY WITHU: THE CITY OF Er 1GL EW OOD, COLORADO, AND AUTHORIZING AND DI RECTING TH E MAY OR AND CITY CLE RK TO EXEC UTE AND THE CITY ATTORNEY TO APPROVE SUCH Ar.!ENDr·~TT ON BEHALF OF THE CITY. BE IT ORD AI NED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Or dinBn ce No. J, Series o f 196 2 of the ordinances of the City of Engl ewood, Colorado, i s h ere by amended by the adoption of the following amendment to the aFreement set f orth in the aforesaid ordinance, and hereby authorizes and directs t h e Mayor. and City Clerk to execute and the City Attorney to approve said amendment on behalf of the City, which said amendment shall b e a follows: "US 0056 (1) Belleview Avenue- Broadway to Windermere ~. !IMENDMENT OF Minutes of April 2, 1962 AGREEMENT OF'°JANUARY J, 1962 THIS AGREEMENT, made this day o f , A.D. 1962, by and between the STATE HIGH1.1A Y Ccm'M"TSSION OF COLORADO, a body corporate, acting for the use and benefit o f the DEPARTMENT OF HIGHWAYS of the STATE OF COLO- IADO, hereinafter referred to as the ''Department", and the CITY OF ENGLEWOOD, hereinafter referred to as the "Ci t v '' ~ WITNESSETH: That tlhereas, the parties h ereto hav e determined that it is necessary to amend their agreement o f January J, 19 6 2 in re g ard to project US 0056 (1), Belleview Av enue-Broadwa y to \'!inderrnere. NO ':I, THEREFORE, it is f'urther a p;reed as f ollows: The City will, by ordinance, prohibit parking within the limits of Belleview Av enue on either si d e as to that portion which lies within the City boundaries. ATTEST: Chie f Clerk ---- APPROV ED AS TO FORM : DUKE W. DUNBAR, Attorne y General By~-eput t tornev---ae-nerar-- APPROVED: S-tate Controiier . THE STATE HIGHWAY COMMISSION OF COLORADO, a body corporate, for the use and benefit o f the DEPARTMENT OF HIGHWAYS By-Y~A RK~U. WA TROUS, Chief Engineer Department of Highways, and Chief dministrative Officer, State Highway Commission .r APPR OVED AS TO FORM: Englewood Cfty Attorney APPROVED: State P-urcnasing-Agent APPROVED : --GOVERNOR of the State of Colorado Passed on First Reading by the City Council of the City of Englewood, Colorado, this 2nd da y of April, A.D. 1962, and ordered published in full in the Englewood Herald and Enterprise. , ·~~~;' 'TT// . -----~-~ ATTEST: Mayor~~~ was read f or the fi COUNCILMA N BRO\IJNEWELL 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 f ollows: Ay es: Councilmen Woods, Srnukler, Miles, Love, Brownewell, Braun, McLellan. Nay s: None. Absent: None. The Mayor declaredthe motion carried. JU.nut•• or April 2, 1962 621-62 BY AUTHORITY ORDINANCE NO. 6, SERIES OF 1962 AJI ORDINAICE VACATING THAT CERTAIN PART OF SOUTH HUROI STRBBT Dl- SCRIBID AS FOLLOWS: BIGINNING AT A POINT ON THE WEST Liii OP BLOCI· 24 6 T~"S BROADWAY HEIGHTS, SAID POINT BEING 2 FEET IOl!I or Tiii SO CORllR OF LOT 17 OF SAID ADDITION; THENCE WEST SO.S ,.. TO TRI Tiii PODT OF BEGINNING: THENCE NORTH PARALLEL TO OP SAID BLOCK 24 A DISTANCE OF 24 FEET; THENCE NORTH 33 D llDIOTIS Ja SICOIDS EAST A DISTANCE OF 20.94 FEET: THERCI rr=--_ OS JIDIBS SS SECONDS EAST A DISTANCE OF 58 .38 FEET; tmd . ft . DICllllS 02 MDDTIS 23 SECONDS EAST A DISTANCE OF 41.62 fll't OI LISS l<llTllWIST CORNER OF THE SOUTH 10 FEET OF LOT 12 OP SAD ADDITIOI; TBlllCI IAST ALOIQ THE NORTH LINE OF SAID SOUTH 10 FEET or LOT 12 A DIS- TAICI OF 20.81 FllT TO A POINT·· THENCE ALONG A CURVE TO TB 1tHft llAVDO A c:9TIAL AIOLI OF 4 DEGREES 16 MINUTES 40 SECONDS, A RADIUS Ol 674.69 P'llT A CHORD WHICH BEARS SOOTH 22 DEGREES 28 MINUTES 39 SICCllDS IUT, DD B ARC LllGTH OF 50.36 FEET; THENCE ALONG A TANGERT CORVI TO Tiii RIGHT HAVDG A CIRTRAL ANGLE OF 10 DEGREES 14 MINUTES 39 SICCJIDS A RADIUS OF 2ao.99 FEET, A CHORD WHICH BEARS SOUTH 2S DEGRllS 14 iflDTll 11 SICOllDS WEST ARD AN ARC LENGTH OF 50.24 FEET; THENCI SOU!I )3 »•QI 21 JWIDTIS )0 SICONllS WEST A DISTANCE OF 51.10 FEET MORI Cit Liii TO --- TRUI POillT OF BEGINNING, ALL IN JACKSON'S BROADWAY HEIGHTS, CITY OF DO' WIOD, ARAPAHOE COUNTY, COLORADO. waa read for the second time. COUICILMAK WOODS MOVED, COUNCIUliA t' LOVE SECONDED THAT ORDDAJICS RO. 61-SIRIIS OF 1962 BE PASSED ON SECOt'D Ai•n FINAL RUDDO AID ORDlbD PUBLimmn IR FULL IN THE ENGLEWOOD HER ALD AND ENTERPRill. Upon th• 'call 0£ the roll, the vote resulted aa f ollows: .Ayea: Councilmen Woode, Smukler, Miles, l,ove, Brown ... 11, Braun, McLellan. Raya: None. Absent: None. The Mayor declared the motion carried. 621-6S RBLATIIG TO RIGHT-OF-WAY ERROR AT 3051 SOUTH OGDEN STIBBT The City Attorney explained that a deed conveying to the City or lntaetfOOd a portion of South O~den Street, known aa 3051 South Ogden, had been erl"8fteoua and that the best way to correct it would be to vacate th• exiating rirht-of-way and accept a deed for the correct right-or-way. Diacusaion ensued. Introduced aa a Bill by Councilman Smukler A BILL FOR Al ORDINAICI AUTHORIZING THE MAYOR AND CITY CLERK OF THI CITY OP lllOLIWOOD~~ORADO, A MUNICIPAL CORPORATION, TO EXECUTE A DIED TO THI II OR S OF THE PROPERTY AT 3051 SOUTH OGDEN STREIT FOil TRI Hlll- IIAFTBR DISCRIBID PROPERTY ERRO?'EOUSLY PREVIOUSLY cm!VE!ED TO SAID CITY: TIAT PART OF SECTION 35, TO Wt?SHIP 4 SOUTH, RANGE 68 WEST OF TRI 6th PRDCIPAL MIRIDI~1 DESCRIBED AS -BEGI NNING ·395.5 FEET ROITR ARD 612 FDT BAST OF THE ::SOUTHWEST COR NER OF THE NORTH WEST QUARTER (IW!) OF SAID SICTIOR 35; TRDCE NORTH 50 FEET~ THENCE EAST 30 FEET; THIRCE Slllli!':SO FllT; THBRCE WIST 30 FEET TO POI NT Of BEGINNING. BE IT ORDAINED BT THE CITY COUNCIL OF THE CITY OF ERGLIWOOD, COLOR Section 1. T)..at the Mayor and City Clerk of the City 0£ Engl..., • . wood, Colorado, a municipal corporation, be and hereby are anhori·•ed directed to execute a quit claim deed to the owner or ownert or the prdji .. J3'y at 3051 South Ogderi Street for the hereinafter described property, erron.;;· eoualy conveyed to aaid City , located in Arapahoe County, Colorado, to-wit: That part of Section 35, Township 4 South, Range 6d Weat or the 6th Principal Meridian, described as -Beginning 395.5 feet North and 612 feet East of the Southwest corner or the Northweat Quarter (NW!) of said Section 35; thence Korth 50 fett; thence East 30 feet ~ thence South 50 feet; thence West 30 r .. t to point of beginning. Paaaed on Firat Reading hy the City Council of the Cit{ or lnd.wood-9· Colorado, thia 2nd day of April, A.D. 1962, and ordered pub iahed in tull in the lngl.!!09d Herald and Enterpr_i~~· ATTIST: Minutes of April 2, 1962 wa s re ad f or th e f i r s t time . CO UNCI Ll·'!AN 5r·:UKLER MOVED , COUNC I LMAN LO VE SECO NDED, THAT THE PROPOSED BILL BE PASSED ON FI RST READ I ~~G AND ORDERED PU BLISHED IN FULL IN THE ENGLE- WOOD HERALD AND ENTERPR I SE. AND THAT THE CITY ATTOR NEY BE AUTHORIZED TO AC CEPT A DEED FROM THE m·JN ER OR OWN ERS OF THE PROPERTY AT 3051 SOUTH OGDEN STREET AS AGREED . Upo n t he call o f t he roll, the vote resulted as follows: Ay es: · Cou n cilmen \'loo d s, Sm ukle r , Mi les, Love, Brownewell, Braun, c Lellan . ay s: No n e. bsent: No n e. Th e Ma y or declared the motion carr i ed. CIT Y AT TO RNEY 'S CHOI CE Suit by Mr. Za ll db a Grand v iew Tra i ler Court The City Attorn e y re ported that t h e Cit:· had been used by Mr. Zall d ba Granview Trailer Court to present t h e enforcement of the Trailer Park Ordinance a g ainst him an d h is trailer court o peration. The City Attorney ask ed that he be aut h or ized to prese n t t h e City . · CO UN CI LMAN BRA UN MOVED , COUNCI LMAN WOODS SECO NDED, THAT THE CITY ATTORNE Y BE AUT HOR I ZED TO PR OC EED I ~T ALL DUE HASTE TO ANSWER THE SUIT ON BEHALF OF THE CI TY OF EN GLEW OO D. Upon the call of the roll, the vote resulted as f ollows : Ay es: Counc i l me n Woo d s, Sm ukler, Mi les, Love, Brownewell, Braun, Mc Lellan . Nay s: None. Ab sen t: No n e. Th e Ma y or declared th e motio n carried . Re port on James D~ J.U ller Sa ni tary Pro blem The City Attorn e y re port e d tha t he h a d g i ven all consideration to t h e particular case and had secured a d ecree to provide JO days for con- f ormance with the sani ta ry l a ws o f t h e City of En glewood and have the drain covered and i n o pera ti np con d ition . 611-1 0 RELA TI NG TO PAV I NG DI STRICT NO. 11 Protest to Mr. Harrr JI . Mc Cormick Councilman Braun int~oduced Mr. Harry H. McCormick who resides at 83 0 West Quincy Av enue and is assessed for improvements on South Huron Street in connection with Pa v ing District No. 11. Councilman Braun reported that Mr. McCormick has o b jected a F,ainst the improvement of South Huron Street as he would not h ene f it when the District was or~an­ ized. He stated t ha t he h a d r ecei v e d h is assessment now and was once a g ain protest i n g the a mou n t o f the a ssessment. Discussion ensued. Councilma n Brownewell s t ated tha t t h e policy of assessing various tracts of land f or pa v i np i mp ro v eme nt s h a d been established by ordinance and i f it were c hanf"ed t o an y o t1"'er meth od Mr. McCormick would still be a ssessed. Mr. McCormick wa s prese nt and s tat e d t h at he had no direct benefit to t h e i mp ro v e me nt and wa s he inp ass e ssed hec a use his property was with- in a hal f block of th e are a on e ma tte~ of rule only. He stated that he f elt the assessmen t was u nj ust . Di scussion e n sued. Councilmen Brownewell, Lo v e and Miles s po k e f or t h e a ssessme nt sta t in~ that it was an unfortunate case but there was n ot bin~ th e y c oul d do at t h is time without jeopardizing the entire district, sett in~ a serious rr eced ent in the future. Introduced as a b ill bv Cou n c i l ma n Brown ewell BILL FOR AN O RD I ~ANCE NO . 7 , SER IES OF 1962 AN ORD I NAN CE APPROV I NG THE \•!H OLE COST OF THE I MPROVEMENTS MADE IN AND FOR PAVIN G DI STRICT NO . 11, IN TH E CI TY OF EN GLE WOOD, COLORADO: APPROVING AND CONF I RMIN G THE APPOR TI ONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND I N SAID DI STR ICT ; AS SES SI NG A SHARE OF SAID COST AGAINST EACH LOT OR TR ACT OF LAND I N THE DI STRICT: PRESCR I BI NG THE MANNER FOR THE COLLECT- ION AND PAYMENT OF SA I D ASSESSMENTS: AND DE CL AR I NG AN EMERGENCY. was read f or the secon d t ime. COUN CI LMAN BROl/JNEWE LL MOVED , COUNC I LMAN SMUKLER SECONDED, THAT ORD I NAN CE NO. 7, ~ER IE S OF 19 ~2 BE PASSED ON '1 S.ECO ND AND FINAL READING AND ORDERED PUBL I SH ED I N FULL n,1 THE ENGLEW OO D HERALD AND ENTERPRISE. Upon t h e call of t h e roll, th e vo t e r e~ulte d as f ollows: Av es: Cou n cilmen Woo d s, Smukl er, r.i:i les, Lo ve, Brownewitll, Braun, f·~c L ell an . Nay s: No n e. b sent: No n e. Minutes o f Ap ril 2, 196 2 The May or declared the motion carri e d . Councilma n Brau n t hank e d r~r. r.:c Co rmi ck f or appearing before the Council and exp ressing his di ssatis f action wit h the assessment and was sorry that thev Council d id not see i ts wa y clear t o o ff er him a remedy. R e~olution to p ro v id_E!_f o_r __ A_ssessme nt Clla_ne;es i fl Paving District No. 11 The Citv Clerk read the f ollow in~ resolution in full: RESOLUT I0~1 rlHEREAS, by t h e a ppr o pri ate ordinan ces and resolution, the City of Englewood, Colorado, h as estah lished PavinF District No. 11, flEREAS, the aforesaid Pavinp Di strict includes assessments against vari ous rarcels o f real pronert y wit h i n said District: and, ~HEREA S, subseque n t to the com pi lation of the assessment rolls, from time to time, a part o f a pa rticularl y d escribed property is sold and trans- f erred, and it becomes necessar y to divid e the assessment of the parcel tran s f erred: OW THE REFORE, RE IT RESOLVED h y the City Council of the City of Englewood, Colorado, this 2nd rl a y o f Apri l, 196 2 that the City Clerk, with t h e assistance of t h e Cit y EnF,in eer, r e and h ere by is authorized and directed fr om time to time a s o cc a s i o n ~ay arise, to d i vid e the assessaents of s r ec ifi c par cels withi n Pa,·inp Di s trict t'o . 11 proportionate to the division o f the par cels o f r e a l pro p e rt y BFai n st whi c h t h e same may be assessed, and to certify t h e re vi sed assessme nt s to t h e Treasurer o f Arapahoe County, Colo rad o. dopted and appro v e d thi s 2nd da y o f Ap ril, 196 2 A. D. COUNCIL MAN BR0 1 RESOLUT IO N BE PASSE resulted as f ollows: \./~~/} A -1-./~lt!,· -~~~ COUNCILr1M 1 SMUKLER SECONDED, THAT THE Upon the call o f the . roll, the vote Ay es: Councilmen \'l oo n s, Smukl er, 1 ~iles, Love, Brownewell, Braun, cLellan. Nay s: None. b sent: None. The Ma y or declared the mot i o n carried . 12-94 RELATING TO ESTAR LIS HI NG PAVIN G DISTRICT NO. 12 Introduced as a Bill bv Co un cilnan ~raun IT.L I STRI CT H ' THE CITY OF ENGLEWOOD, I STRICT NO . 12: ORDERING THE CONSTRUCTION novIDiflG FOR THE ISSUANCE OF BONDS OF THE SAID n~PR OVEr-:EtrTS : PRO VI DI!JG FOR NOTICE TO CON- t' EIIBRGEtJCY . 1THEREAS, t h e Ci t y Cou n c i l o f En~l ewood, Colorado, pursuant to the Charter and Ordi nan ce No . e, Seri es o f 19 59, as amended, of said City and the laws o f the State o f Colorad o, h e r e by f inds and determines that there exists a n ecessit y f or t h e creatio n o f Paving District No. 12, in said City, and the co n stru ction therei n o f certain street improvements, as described herein: and · WHER EAS, the Ci ty Council ha s h e r etof ore directed the City Engineer to prepare plans, s p eci fi cations, map s ~and schedules in accordance with said laws: and WHEREAS, the Cit y Enr,in eer ha s mad e his report in the premises and has filed with the Clerk o f sa id City all the maps and certificates of his survey, as well as schedu les, p lans, speci f ications, approximations of cost, and all other matters and thin ~s in complete form and substance as by law required~ and WHEREAS, the sai d report so mad e and f iled, together with details, speci f ications, estima tes, maps and sched ules, are hereby approved and adopted by said Citv Coun cil: and WH ERE AS, the City Council directed the City Clerk to publish in t h e Englewood Herald and Enter~rise, a newspaper of g eneral circulation I I I I Minutes of April 2, 1962 in said City, Notice o f a proposition to create said Dis~rict, and that on March 26, 196 2, at e:OO ·O'clock P.M., all complaints and objections that might be made in writin ~ concernin f the proposed improvements by the owner or owners o f any real estate to ~e assessed, or any person or persons interested g enerall y, would be heard and determined by the City Council of siid City o f EnP'lewood, hefore final action of said Council thereon, and that after the deter~ination of all complaints and object- ions was made, said Cit y Council would take up and consider an ordinance creatin £ said Distri ct and orderin ~ the rroposed improvements; and \'lHEREAS, the City Clerk, b:r advertisement f or a period of more than fift een (15) day s prior to the said 2 6 th day of March, 1962, gave notice in form and substance o f the mat ters and things above-mentioned as ordered to be £iven, in all respects in accordance with law and said order: and WHEREAS, the Ci t y Clerk has mailed to each known owner of real pro·-_ perty to be assessed with the cost o f said improvements a Notice of Intention to create said Distri ct, as nro v ided by the Resolution adopted by the City Council on February 19, 196 2: and WHEREAS, at the time and nlace specified in said Notice, the City Council met in open session f or the purpose of hearin~ any objection~ or protests that miF,ht re mane a~ainst said improvements: and WHEREAS, certain written o~jections were f iled and certain oral inquiries and objections were made at said meeting; and HEREAS, all objections were dul y considered and were by the Council overruled and denied: and \'/HEREAS, the Cit y Council herehy find s and determines that a general public benefit will accrue to the City f rom the proposed improvements: THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF ENGLE- ~OOD, COLORADO, THAT: Section 1. Said Pavinp District No. 12 is hereby created and said improvements hereina f ter descri b ed, consisting of street improvements, are duly ordered after Not ic e du l y ~iven and hearing duly held, all as required bv law. Section 2. Said i mn rov eme nt s shall consist of: (a) Necessary ~radin~ and e y ca vati on, paving with six- inch compa cted "ra v el h ase course, with two-inch asphaltic concrete surf ace, and co n crete walks, curbs and gutters, where not alread y instDlled: toF,ether with appurtenances and incidentals o n the f ollow in~ streets and avenues: 0N FR Or South Acoma Street S. side W. Rad cli South Banno c k Street S. side W. Quine East Ba tes Avenue · e. W. side S. O~den St. East Bates Avenue E. side S. Downin p St . South Delaware Street S. side W. Quine South Downing Street · v e. S. side E. Ba tes Av e. TO enue side W. Stanford Ave. . side W. Stanford Ave. E. side S .. Emerson St. .v. side E. Bates Parkway N. side W. Radcliff Ave. N. side E. Dartmouth Ave. South Downing Street (Stri p pavinp and curb, gutter and sidewalk only) S. side E. Girard Av e. N. side E. Hampden Ave. East Eastman Av enue E. side S. La f ayette St. East Floyd Av enue · E. side S. Washin Fton St. South Fox Street S . side W. Jefferson Av e. South Gilpin Street S. side E. Eastman Av e. ;/est Grand Av enue W. side S. Delaware St. South Grant Street S. side E. Stan f ord Ave . West Ithaca Avenue W. side S. Huron St. South Lafayette Street S. side E. Dartmouth Av e . South Lafayette Court S. side E. Bates Parkwa est tehi gh Avenue W. side S. Galaravo St. W. side S. Franklin St. 1:1 . side S. Downin.e: St. N. side W. Kenyon Ave. N. side E. Floyd Ave. E. side S. Elati Street N. side E. Tufts Ave. E. side S. Inca St. N. side E. Floyd Ave. N. side E. Bates Parkway E. side of alley between S. inca St., & S. Jason St. Minutes of April 2, 19 f.2 CB FROM TO South Lincoln Street S. aide E. Mans fi eld Ave. N. side E. Nassau Ave. South Logan Street ~Sidewal k only) a. aide E. Lehi gh Ave. So uth Logan Street N. side E. Mansfield Ave. S. Side E. Layton St. Weet Mansfield Avenue N. side E. Chenango Ave. W. aide s. Foy St. E. side S. Jason St. Eaet Oxford Avenue E. aide S. Lincoln St. W. side S. Logan St. Weat Oxford Avenue W. aide S. Broadwa v E. side S. Fox St. East and West Radcliff Avenue W. aide S. Clarkson St. E. side s.. Washington St. and W. aide S. Penns yl vania St. E. side S. Huron St. (Strip paving and curb, gutter and sidewalk only) South Sherman Street S. aide E. Stanford Ave. N. side E. Tufts Ave. West Stanford Avenue W. aide S . Broadwa y South Washington Street E. side S. Acoma St. S. aide E . Ox f ord Av e . N. side E. Princeton Ave. South Williama Street S. aide E. Eastman Ave. N. side E. Floyd Ave. (b) Necessary ~radin g and excavation, compacted sub-grade, and with aiY-inch Portland Cement concrete surface, for a total over-all width of f ourteen feet; together with ap- purtenances and other inciden tal work on the following alleys: On alley between South Bannock Street and South Cherokee Street from S. side of West Yale Avenue to N. side of West Amherst Avenue. (c) Preparation of present surf ace, overlaying of same with two-inch asphaltic concrete, and concrete walks, curbs and gutters, where not presently adequate; to~ther with appurtenances and other incidental work on the fol- lowing streets and avenues: ON FROM - East Amherst Avenue E. side S. Ogden St. Eaat Bates Avenue E. aide E. Bates Parkwa y Ea st Bates Parkwa y E. aide S. Ogden St. E. aide S. Downin g St . N. aide E. Bates Av e. East Cornell Avenue E. aide S. Ma rion St. East Cornell Circle S. aide East Cornell Ave . East Cornell Place W. aide E. Cornell Circle eat Cornell Avenue W. aide S. Broadwa East Dartmouth Place W. aide S. Uni versity Bl vd. South D9wning Street S. aide E. Yale Av e. East Eastman Avenue E. aide S. Franklin St. Eaat Floyd Place W. aide S. University Blvd. South Franklin Street S. aide E. Eastman Ave. South Gaylord Street ~ s. aide E. Daranouth Plc. South H~gh Street S. aide E . Dartmouth Ave. South Humboldt Street S. aide E. Eastma n Ave. South Lafayette Drive S. aide E. Bates Av e. South Marion Str .. t S. aide E. Bates Ave. South Race Str .. t S. aide E. Dartmouth Av e. a nd and TO W. side S. Downing St. w. aide S. Franklin St. \·J . side S. Downing St. s. side E. Amherst Ave. W. side S. Franklin St. . W. side S. Franklin St. s. side E. Cornell Ave. E. side E. Cornell Circle E. side S. Acoma St. E. a'de S. Vine St. N. side E. Batea Ave. W. side S. Gilpin St~ E. side s. Race St. N. side E. Floyd Ave. _ N. side E. Eastman Ave. N. side E. Eastman Ave. N. side E. Floyd Ave. N. side E. Cornell Ave. N. side E. Dartmouth Ave. N. side E. Eastman Ave. :-~~~·. ,~~ ~! k. I , .,,,, ·.),j.f!~;'. ':". 7,J_ \,;~!'~: Minutes of April 2, 1962 ON FROM and TO ' S. aide E. Floyd Av e. City Limits South Vine Street S. aide E. Dartomouth Ave. N. side E. Eastman Ave. South Vine Court S. aide E. Dartmouth Place N. side E. Eastman Ave. South York Street S. aide E. Dartmouth Place N. side E. Eastman Ave. Section J. Said Di strict shall be known as and the same ia hereby designated "Paving District rro. 12'', Englewood, Colorado. Section 4. The co n struction of said street improvements in and for said District, as shown by the plans, specifications and maps thereof, prepared by the City En~ineer and nrproved by the City Council of said City and now on file in the office of the Clerk of said City, be and the same ia hereby authorized and ordered, the material to be used in the construction of said street improvements to be in accordance with such maps, plane and specifications . Section 5. By virtue o f and in pursuance of the aforesaid Lawe and the Charter and Ordinance No. S, Series of 1959, as amended, or aaid City, local improvement bonds o f the City shall be issued for the purpose of paying for the local improvements in this Ordinance described and pro- videdto be constructed in said Paving District, in an amount not to exceed the coat of said improvements, including en gineering and all incidental expenaea, aa in aaid laws, Charter and Ordinance provided. Section 6 . Said bonds shall be authorized by an Ordinance later to be paaaed in accordance with the laws of the State of Colorado, the Charter and said Ordinance No. e, Series 1959, as amended, of said City. Section 7. The Ma yor and City Clerk are hereby authorized to advertise for bids to construct such improvements and for bids for said bonds to be issued, in three (3) consecutive weekly issues of the Engle- wood Herald and Enterprise, a newspaper of general circulation pbblished in said City, which advertisements ma y run concurrently with the publi- cation of this Ordinance. Section S. By reason o f the f act that the completion at the earliest possible date of the impro vements described in this Ordinance ia necessary to bile immediate ~reservation of the public property, health, peace and safety , it is herehy declared that an emergency exists and that this Ordinance shall ta ke e ff ect upon its final paaaage. Section 9. All ordinances, or parts thereof in conflict here- with are hereby repealed. This Ordinance, after its final paaaage., shall be recorded in a book kept f or that purpose, shall be authenticated by the signatures of the Ma yor and Cit y Clerk, shall be published in aaid City, and after becomin g effecti ve, shall be irrepealable until the bonds of said District shall be pa id in full. Section 10. A public hearin g on the Ordinance will be held at the City Hall in En glewood, Colorado, on Monday, the 16th day of April, 1962, at the hour o f 8:00 o'clock P.M., and Notice of such hearing ia hereby authorized to be g iven by publication once in the Englewood Herall and Enterprise and Press, in its issue of April 5, 1962. INTRODUCED AND READ This 2n d da y of April, 1962. ( S E A L ) ATTE ST: waa read time . d~ 'Nayo~~: - COUNCILMAN BRAUN MOVED, COUN CIL MA~! SMUKLER SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READI~TG Ar 1D ORDERED PUBLISHED IN FULL IN THE ENGLE- WOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted aa follows: Ayes: Councilmen Woods, Smukler, Miles, Love, Brownewell, Braun, Mclellan. Nays: None. Absent: None. The Mayor declared the motion carried. "·""" I .. Minute• of April 2, 1962 CITY MANAGER'S CHOICE 621-10 street Department Report f or_~he first Quarter of 1962 'ftle ~yor aaked that the report be received and placed on file. Fire De)>artment R!)'ort for the fi rst Quarter of 1962 ' The Mayor asked that the rerort be received and placed on file. 621-SS PROPOSED AGREElllMT FOR RAMP TO STATE HIGHWAY NO. 70 Th• Acting City ~iana~er ~ointed that the proposed agreement denied any left turn• at the hiFhwav and South Bannock Street. Diacusaion enned. Mra. Dorothy Romans, Planninr and Traffic Director,apoke of a meeting which ah• had with Mr. Fred Merton, Di strict Engineer, at which time he had agreed to permit left turns Bt South Bannock Street for an indefinite riod. Diacusaion ensued . Cou nc i l ma n Rrownewell suegeated that the City ager be instructed to co nta ct ell department heads in an effort to ... k ace••• on Cherok .. and Delewere Streets south of State Highway No. 70 to provide an additional nortr-eout h acc ess route throurh Englewood and that the proposed agreement r e altered to r e f lect the intention• of the City Council with regard to abolishment of le f t turns at South Bannock, namely that turns be allowed until additio nal access is provided. · The Mayor expressed the helie f that the City can work out details on this matter with the State Highway Department. COUNCILMAN LOVE MOVED, COUNCILMAN SMUKLER SECONDED, THAT THI MAYOR AND CITY CLERJC BE AUTHORIZED TO SIGf-T THE PROPOSED AGREEMENT UPON RECEIPT OF WRIT'l'!R CCllFIRMATION OF THE STATE HIGHWAY DEPARTMENTS PBRMISSIOlf TO ALLOW LEFT TURNS AT HIGHWAY NO. 70 AND SOUTH BANNOCK STREET. Upon the call of the roll, the vote resulted as follows: Ayee: Councilmen Woods, Smukler, Miles, Love, Brown.,.11, Braun, MclAllan. Nays: None. Absent: None. The Mayor ·declared the motion carried. 621-42 RELATING TO FORMATION OF SCENI C VIEW SANITATION DISTRICT Mr. Kelley, circulator of petitions for the organisation or a aantt aewr district in the Scenic View area filed petitions for the organi . 0£ the diatrict with the City Clerk at 12:37 A.M., Tuesday, April), 1 COUNCILMAN BRAUN MOVED, COUNCIL MAN SMUKLER SECONDED THAT THI CITY COUICIL ACKNOWLEDGES RECEIPT OF THE PE TITIONS FOR THE ESTABLISRM121T OP SCllIC VIEW SANITATION DISTRICT AftD THAT THE PETITIONS BE RlrlRRID TO TR9 CITY ATTORNEY FOR AN OWNERSHIP CHECK TO DETERMINE THEIR ADEQUACY AID LEGALITY. Upon the call of the roll, the vote resulted ae follows: Ayee: Councilmen Woode, Smukler, Miles, Love, Brown ... 11, Braun,; McLellan. Haya: None. AbMnt: None. T!l• Mayor declared the motion carried. REQUEST FOR JOINT MEETING OF CITY COUNCIL, BOARD OF AD.JUSTJlllT, PLANNING COMMISSION The Acting City Mana"er reported he had received a reqaeat trem Jira. Dorothy Rollana, Pllnnin~ and Traffic Directo~, for a joint ...ting of the City Council, Board of Adjustment and Appeals, and Planning and Zoning COlllliaeion, to discuss mutual problems. Discussion ensued. Th• Mayor nggested that the f ourth Monday, April 23, 1962 at S:OO P.M. be ••t aaid• for this meetinp,. 621-81 REQUEST FOR CHANGE OF BUS STOP LOCATION 'ftle Acting City Mana~er read the f ollowinp, memorandua from the City Planning and Zoning Director relatinr, to certain route change• and bue atop change• z--.ueated by the local.bus company as followa: Minutes of April 2, 1962 Charter Fuses For Schools, Churches, Dorothy H. Romans SUPU RPMT TR M'SIT CO MPANY 339 5 So. Lincoln En~lewood, Colorado Clu bs r11 arch 9, 1962 Dir. of Plannin~ & Traffic 3345 South Pannock En£lewood, Colorado Dear Dorothy: 761-1368 This letter is in con f irmation o f our discussion this morning March 9, in reference to alterin£ one o f the rus routes. This is the Yale & Downin~ and Ft. Lo~an run. The enclosed hus schedule is self explanitory of the current serv ice. The chan ge we desire on the Yale & Downin£ and Ft. Lo£an run is as f ollows. Yale & Downin g east on Girard to Clark son, south on Clarkson to Hampden and proceed with the same route as in t h e schedule, returning the same route to Hampden and Clarkson, n o rth to Clarkson to Girard, west on Girard to Broadway, this is the en d o f the Yale & Downing run, with a 5 to 8 minute stop. This is the only stop that is not on our permenant bus stops at the present. It is my opinion that this would reli eve a great deal of traffic con- ._estion at Hampden & Proa rl wa·1 and would he ahle to better serve the folk east of Broadwav, especiall •r Swedish Hospi tel and the apartment house areas. Sincerely yours, SURURPAN TRANSIT COMPANY /s/ T. C. Koshland T. C. Koshland COUNCIL MAN S?vmKLER f\~OVED, COUNCILT.O:AN BRAU~! SECONDED, THAT THE PROPOSED . CHANGES BE APPROVED SUBJECT TO ~CCEPTANCE BY THE COLORADO PUBLIC UTILITIES COMMISSION AND AGREEMENT AS TO LOCAL STOPS AFTER REVIEW AND APPROVAL OF LOCATIONS BY THE CITY MArAGER, PLArNING AND TRAFFIC DIRECTOR, POLICE CHIEF, AND BUS COMPANY MANAGER. Upon the call of the roll, the vote resulted as follows: Aves: Councilm en Woods, Smukler, Mi les, Love, Brownewell, Praun, Mclellan. Nays: None. Absent: None. The Mayor declared the motion carried. 621-57 LEASE OF CITY OWNED PUILDING ON NAT CHES COURT The Acting Cit y M ana ~e r rerorted that Street Superintendent Nelson was interested in Fard e nin~ a r ound the City owned building on Natches Court. The Actin ~ City Mana ~er rerorted that the buildin~ was hein~ vandalized since it was no lon ~er rent e d and was vacant. He recommended that an agreement be entered into with Mr. Nelson as being in the best interests of the Citv . COUNCIIJ.i!AN sr~KLER J-ftQl/ED, COUNCIU ~AN LOVE SECONDED, THAT THE CITY AGER AND CITY ATTORt.'EY RE AUTHORIZED TO ENTER INTO AN AGREEMENT WITH . ROPERT NELS ON FO R THE LE A SI~T G OF THE LAND IN RETURN FOR CERTAIN MAIN- TEN ANCE AND OTHER CONSIDER ATION. Upon the call of the roll, the vote resulted as follows: es: Councilmen Woods, Smukler, r;;iles, Love, Rrownewell, Braun, 1!.cLellan. Nays: None. Absent: None. The Mavor declared t h e motio n carried. 21-9 CONSIDERATIO N OF RIL LS, CLAI ~S A~D !~VOICES FOR THE MONTH OF r ~A PCH, 19 62 A...s.i;! 2, 1962 !9'!!!111'tl IOODS MOVED, COUNCILMAN LOVE SECOIDBD, '1'1nrftICll AS APPROVED ~y THE ACTING CITY MAR.,.. Bl ALLOWED. Upon the call of the IW Woode, Smukler, Miles, Love, Brown9d!:~:···· ~~.a.an • ...... : iM. lone. the motion carried. MAYOR'S CHOICE ._:YOr reported that the Ararahoe Mayor's would m P.t1. •~Walter'• Club. llaYOr' reed a letter from the Lea~e of Women V0'9& or th• Council to be present at a ... tt S, 1962 at the Littleton Hi~h School • .,,ort \o provide reat'rortionment to the Stat«·••• intere•t to the Council. · ~••keel that Councilmen indicate time when ·"9J .~jf' ~~charinR the neYt few months. The tabulation COUNCILMEN'S CHOIC! . Brown.W.11 rerorted that the City Mana It Pttee. -14 wt at 7 :)0 P .M., Tuesday, April )rd. ......,... . • ADJOURN LOVB MOVED, COUNCILMAN SMUKlER SECONDED, Upon the call of the roll, the vote reeul_.. Coaneilmen Woode, Smukler, Miles, Love, Brown-11, Mel.ellan. lone. Dtll9lt: lone. ,• •r .declared the meetin~ adjourned at 1:10 A.M., of the meeting of the City Council 1lorado held on the 2nd day of April, l~~" . __ .. nen tbia 7th day of May, ·1962 A.D. · · ~tl,.~~~ff""-'•·~t