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HomeMy WebLinkAbout1962-08-06 (Regular) Meeting Minutes,, I I I RBGULAR MEETING: COUNCIL CHAMBBRS CITY OF DJGLBWOOD, COLORADO AUGUST 6, 1962 The City c ouncil of the City of Englewood, Arapahoe County, COlorado, met in reqular session on Honday, August 6, 1962 in the Council Chambers, City Hall, Englewood, at the hour of 8:00 P.M. Mayor Pro Tam Brownewell presiding called the meeting to order and the invocation was given by Councilman Smukler. The Mayor Pro Tem asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Braur., Love, Milea, Parker, Smukler, Woods, Brownewell. Also Present: City Manager Dial, Absent: None. Cicy Attorney Each, City Engineer Davie•, Utility Director Babcock ~saistant City Engineer Barde, City Clerk Beauaang. The Mayor Pro Tem declared a quorum preaent. ELBCTIOll OP MAYOR The Mayor Pro Tem Brownewell asked for nomination• for Mayor. COUNCIU4AN WOODS MOVED, COUNCILMAN MILU SBCORDBD, THAT COUNCIIMAN L. L. BROWNBWELL BE NOMINATED l'OR MAYOR. COUNCIIMAN LOVE MOVED, COUNCILMAN WOODS SBCOllDBD, THAT THE NOMINATIONS BE CLOSED AND THAT THE CLERK BE INSTRUCTED TO CAST Ml UHMIIMOUS BALLOT FOR COUNCILMAN BROWNBWELL FOR MAYOR. Upon the call of the roll, th• vote resulted as follows: Ayes: Councilmen Braun, Love, Mile•, Parker, Smukler, Woods. Nays: None. Absent: None. Abstaining: Councilman Brownewell. The Clerk cast an unanimous ballot for Councilman Brownewell for Mayor. Council- man Woods declared the motion carried and that councilman Brownewell was elected Mayor by his fellow members of the Council. Mayor Brownewell thanked the Council for hi• election as their Mayor. He stated that he would make every effort to ••rve in thi• poaition with honor and credit to hi• City. ELECTION OP MAYOR PRO TBM COUNCILMAN PARKER NOMINA'IED COUNCILMAN RUSSBLL G. WOODS, JR. FOR MAYOR PRO TIM. COUNCIU4AN LOVE MOVED, COUNCIIMAN SMUKL8R SBCONDBD, THAT NOMINATIONS BE CLOSED AND THAT THE CITY CLERK BE INSTRUCTBD TO CAST Ml UNAHIMOUS BALLOT FOR RUSSELL G. WOODS, JR •. FOR THE POSITION OF MAYOR PRO TIM. Upon the call of the ' roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Mile•, Parker, Smukler, Brownewell. Nays: None. Absent: None • Abstaining: Councilman Woods. • The Mayor declared the motion carried and the Clerk cast an unanimous ballot for Councilman Woods for Mayor Pro Tem. The Mayor congratulated Councilman Wood• on hi• election. PRESENTATION OF FLAGS BY THE JUNIOR CHAMBER OP COMMERCE Mr. William Benton, President, and Mr. John Handley, member, of the Englewood Junior Chamber of Commerce, preaented a SO star American Flag and a COlorado Flag to the Mayor for use in the City Council Chambers. The Mayor accepted the flags on behalf ·of the City and thanked the members of the Junior Chamber of Commerce for their civic interest and patriotic pride which led to the presentation of these flag• to the City. 285 286 Minutes of August 6, 1962 621-108 CONSIDERATION OF BIDS ON ENGLEWOOD NO. 1 DAM The Utility Director reported that W. w. Wheeler, Consulting Engineer, had prepared the specifications for the construction of Englewood No. 1 Dam and appurtenant works and had supervised the opening of the bids for this work on Friday, August 3rd at 2:00 P~M. after which they had tabulated the results of the opening. This tabulation and recommendation was available at this time. The City Clerk read a letter from w. w. Wheeler and Associates dated August 6, 1962 directed to the Mayor and City Council tabulating all bids received on Schedule "A• and 11 8 11 and reconmending that the loweat bid on Schedule "A" by Northwestern Engineering Company in the amount of $1,172,200.50 and Schedule "B" by Robert Dougan Construction Company in the amount of $217,400.00 be considered. The text of the letter follows: Mayor and City Council City of Englewood Englewood, Colorado Gentlemen: "W. W. WHEELER AND ASSOCIATES CONSULTING BVGDTBERS OFFICE NO. 11 2133 South Bellaire Street Denver 22, Colorado Auguat 6, 1962 As scheduled, bids were opened at 2:00 PM, •riday, August 3, 1962, at the City Hall, for Construction of Englewood No. 1 Dam and Appurtenant Works. Nine bids were received, as follows: Northwestern Engineering 6001 Dexter Street Denver 16, Colorado Winslow Construction Co. 3002 South Huron St. Denver . Colorado Morriaon-Knudaen Company 8610 Atlantic Ave. South Gate, California Peter Kiewit Sons Co. 7711 East Iliff Ave. Denver 22, Colo. Harrison Construction Co. 1314 w. Oxford Ave. Englewood, Colorado Colorado Constructors, Inc. 725 W. 39th Ave. Denver 16, Colorado Robert Dougan Const. Co. 110 w. 13th Ave. Denver 4, Colo. R. A. Nielsen Constr. Co. 801 w. 5th Ave. Denver 4, Colo. Berglund-Cherne Co. 801 CUrtis St. Denver 4, Colorado Engineer's Estimate Schedule A $1,172,200.50 $1,185,811.32 $1,331,150.00 $1,498,.579.00 $1,500,657.80 $1,545,786.00 • $1,l85,145.00 Total Bid Schedule B $258,122.16 $439,377.00 $217,400.00 $223,659.00 $240,000.00 $190,206.00 Combination of Schedules A & B $1,434,556.48 $1,640,692.00 $1,375,000.00 The lowest combination bid for both Schedule A and Schedule B would be: Northwestern Engineering Co. Robert Dougan Construction Co. Schedule A Schedule B Total $1,172,200.50 217,400.00 $1,389,600.50 I I I .I I I I :I Minute• of August 6, 1962 The lowest bid under Schedule A, by Northweatern Engineering Company, was $12,944.50 less than the Engineer's eatimater the next lowest bid, by Winslow Construction Company, was $666.32 higher. The lowest bid under Schedule B, by Robert Dougan Conatruction Company, was $27,194.00 higher than the Engineer'• eatimat•1 the next lowest bid, by R. A. Nielsen Construction Company, waa $33,453.00 higher. The proposals were all accompanied with bid bonds in the sum of ten per- cent of total amount bid. · Bach proposal was submitted on the City'• official proposal form (as one of the Contract Documents) which contain• thia atat911lents "If this proposal is not accepted within thirty (30) calendar daya after the date set for the opening of Proposals, ---the bid bond ahall be returned to the undersigned bidder." We have carefully checked each propoaal or bid for accuracy and compliance with the requirements set forth in the "Contract Document•, Specifications and Drawings for Construction of Englewood No. 1 Dam and Appurtenant Works" and found no deviations or exceptions. Reapectfully submitted, W. w. Wheeler and Associates /•/ W. w. Wheeler" The Mayor asked if there were any recommendations as to the award of Schedule 11 A11 and "B" at this time. Mr. Wheeler atated that Schedule 11 A11 could be awarded at this time but that Schedule "B" would require the deter- mination of a legal procedural problem before awarding Schedule "B". Discus- sion ensued. The Mayor summarized the discussion, atating that the City was in a position to award the contract on Schedule "A" tonight, and that the low bid on Schedule 11 B11 could be accepted within 30 days if the legal procedural difficulties were clarified as to delivery of the water from the reservoir to the Charles Allen Filter Plant. COUNCILMAN PARKER MOVED, COUNCIIMAN LOVB SBCONDBD, THAT THE REPORT OF TBB TABULATION BY W. W. WHEELER AND ASSOCIATES B 'ACCBPTBD AND THE AWARD OF A COR'l'RACT BE MADE FOR SCHEDULE 11 A11 TO NORTBWBSTBU BBGINBBRING COMPANY IN THE AMOUNT OP $1,172,200.50 AND THAT THE MAYOR ARD CITY CLBRK BE AUTHORIZED TO SIGN A CONTRACT TO THIS EFFECT ON BEHALF OF TBB CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Praun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCIIMAN SMUKLER MOVED, COUNCILMAN MILBS SBCORD~, THAT THE BIDS ON SCHEDULE 11 8 11 BE TABLED UNTIL LEGAL PROCEDURAL PR09LBMS BE DETERMINED, WITHIN A THIRTY DAY PERIOD IF POSSIBLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 621-42 PUBLIC HEARING ON SCENIC VIEW SARITARY SEWER DISTRICT COUNCILMAN BRAUN MOVED, COUNCILMAN LOVB SBCONDED, THAT THE PUBLIC HEARING BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Braun asked the City Manager to outline the extent of the District and give the background upon its formation. The City Manager reviewd the historic background of the District and that Minutes of August 6, 1962 how the Council was proceeding to initiate the Diatrict now that strong evi- dence had been secured indicating interest of the reaidents of the area. He stated that the method of assessment was under question by the residents who had first been approached with regard to the formation of a District based upon a tap fee, then later a per front foot basis was used and now upon a square foot area basis which is the basis on which the District may be legally formed. After this introduction he asked that the City Engineer outline on the map, prepared for that purpoae, the boundaries of the District. The City Engineer pointed out the District boundaries on the map and the exclusions from the District and the reason• therefor. He stated that the maximum cost would be slightly more than two cent• per aquare foot. The City would participate in :the District by paying for the trunk lines connecting the District with the plant. He offered to calculate the maximum assessment for anyone present who wished to give him their lot size. Mr. Dennis Kelly, 3293 West Warren Avenue, one of the persons active in securing signatures on petitions requeating formation of the District, asked why the cost of the District would be assesaed on a aquare foot basis. Mr. Jim Kreidle of Kirchner and Company, fiscal agent, atated that it was the only basis for such assessments under State Law. Mr. Kelly atated his objection to this method of assessment and set forth in detail his own situation which involved a very deep lot and results in his aewer aasesament being double under the square foot basis over What it would be under any other basis and, furthermore, if a~ a later date a street is cut through the middle of the block providing for the use of the back half of hi• property, an additional sewer line would be necessary and he would once again pay for sewer service. He stated that he felt this was very unfair. Councilman Braun inquired as to whether street paving is on a front foot baaia. The Aaaiatant City Engineer stated that where the lots bodering on a atreet are of uniform size then the square foot area becomes constant allowing the eatablishment of a front foot price. Actually, he stated, street paving i• ••••••ad on a square foot area also. The City Manager reported that Tallmadge and Tallmadge, Bond Attorneys, had called to his attention the need for aaaeaaing on the aquare foot basis as soon as the initiation of the District waa proposed. The only difference between paving district and this proposed sewer district is that the assessing for paving is stopped one-half way to the next atreet. Diacussion ensued with regard to the excluding of the rear half of long lots. The City Engineer ~ pointed out that if exclusions were made for rear half of long lots that would reduce the amount of area over which the coat of the aewer construction would be divided, resulting in an increased square foot coat, perhaps, to the extent where there would be no dollar advantage in excluding such area. Discussion · .~ ensued. Mr. George Johnston, 2401 South Pecos Street, spoke against the square foot basis of assessment. Mrs. Douglas Stanley, 2310 Weat Harvard Avenue, stated that the square foot basis of asseaament would provide a charge of slightly increased over the per tap basis for a•••••ing her four property sites. She stated that she was in favor of the Diatrict. The City Attorney offered the opinion that if by ordinance and in com- pliance with our Charter a method of aaaeaaing for conatruction of sewers in a sewer district was provided he felt that the Charter would over-ride State Stuatues on this matter, providing the procedure met th.• requirements oli the• .mnd. houses ·ancl :bbnd,'attorneys. Councilman Braun inquired if there were persona preaent on any other matter other than the method of asseaaing for the Diatrict improvements. Mrs. Stanley and Mrs. Terry presented a letter to the City Manager and City Council requesting assurance that if the Sewer District is organized that it would curtail the expansion and growth of junk yards and undersirable use of the industrial land. Mr. Stanley H. Dial, City Mgr. Mayor Pro-Tem, L. Brownewell City Councilmen: Gentlemen: "Bnglawood, Colorado August 6, 1962 We would like the aaaurance that if thi• Sewer District is set up that it will curtail the expansion and growth of the junk-yards and unde•irable use of the industrial land. If these busineas are allowed to expand, pile cars three and four high, create dumping grounds for old cars, thus allowing them to expand, it will not be worth the expenditure for sewer. " • I I I I I I I Minutes of Auqust 6, 1962 We would like to go on record as objecting to the•e non-conforming uses of land in our area, and question this added improvement as a remedy. Very truly yours, /s/ Mrs. Maxine Stanley 2310 w. Harvard Ave. I•/ Mrs. Celia M. Perry 2349 w. Harvard Ave." Mrs. Stanley commented that they questioned whether the organization of the District would aid in reducing the operation of the undesirable non-con- forming uses in the industrial area. Several questions were raised as to use and location of sewer wyes, the cost of the installation of the wyes, and location of certain sewer lines. These were answered by the City Engineer and member• of the Council. Councilman Braun expressed his concern with the square foot baris of assessment and stated that he had been very active in promoting thEf>rganiza- tion of this district and would not allow thi• matter to be closed until several questions which had arisen with regard to the assessments were re- solved. He once again asked if there were any other questions. Mr. Boone, 2398 West Warren Avenue, inquired as to the pobbibility of the exclusion of the rear half of a lot from the diatrict. Mrs. Terry inquired about the assessments of industrial aite• which will require access roads for their development. The City Engineer suggested that a street could be dedicated to divide the long lots into two site• under which circumstances the dedicated street whether in an industrial site or residential area would be excluded from the district and two or more sites would result although the assessment would still be on a square foot basis. Discussion ensued as to provisions under which the excluded area could join the district later. Councilman Braun expressed the feeling that excluded area upon joining the district would need to pay the equivalent amount of aasessments which would be used to reduce the bonded indebtedness and the over-all City's share of the cost of the District. He remarked that it would not be practical to refund such monies to the original members of the District. The Mayor stated that all industrial areas will pay on a square foot basis plus necessary service lines from the sewer main to the site of the plant. Councilman Love, philosophically, remarked that regardless of how the cost is distributed it is not unlikely that some one or more would not have an equitable charge. He stated further that no matter how the Council and the citizens may feel as to the method of a•••••ment if that method is the only one on which financing may be provided that method must be used. Questions were asked as to whether a person must connect and how soon they would be required to connect and whether the streets would be widened and sewers established at one time rather than having different types of street construction going on for a long period of time. The City Engineer stated that every effort is made to coordinate atreet improvements in such a manner that when a major improvement of the atreet is undertaken and that there will not be excavations in that street immediately thereafter. He stated that the specifications for construction include tamping of the back filled trench to reduce the amount of settling and other inconvenience to the citizens once the project is completed. COUNCILMAN SMUKLER MOVED, COUNCILMAN BRAUN SECONDED, THAT '!HE HEARING BE TABLED AND THE CITY MANAGER AND CITY AT'l'ORHft BE INSTRUCTED TO REVIEW THE LBGALITY OF THE METHOD OF ASSESSMENT FOR SEWER DISTRICTS AND THAT THE HEARING BE REOPENED AT THE NEXT REGULAR MEETING OF THE CITY COUNCIL, HELD ON AUGUST 20TH. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Rays: None. Absent: None. The Mayor declared the motion carried. 622-29 PETITION FOR REZONING KLZ TRANSMITTER SITE Mr. Alex Holland, Legal Counsel, for Von Prellick and Associates and Time- Life Broadcasting Company presented a petition for zoning of the entire tract of land occupied by the KLZ Transmitter site as C-3 (Commercial Zone). Mr. Holland read a letter addressed to the City Council dated August 6, 1962, signed by Mr. Hugh B. Terry, rresident of Time-Life Broadcast, Inc. a Colorado Corporation, in full: • • Minutes of August 6, 1962 "TIME-LIFE BROADCAST, INC. A Subsidiary of Time Incorporated Radio Station KLZ 131 Speer Boulevard -Denver,17, Television Station KLZ-TV · Colorado The Honorable City Council City of Englewood 3345 South Bannock Street Englewood, Colorado Gentlemen: August 6, 1962 As owner of the KLZ transmitter site which has been annexed to Englewood by your recent action, we respectfully request and apply for classification of the entire tract of land as C-3 conunercial zoning under the Engle"WOod zoning ordinance as amended by Ordinance No. 14, Serie• 1962, for use as a regional shopping center. Today our application is also lodged with your City Planning and Zoning Coltl1\ission. In presenting this application to you, our repreaentative••will deliver to the Council the market analysis, surety bond, traffic study, and financial report re- quired under Ordinance No. 14, Series 1962, as our payment of the filing fee. Very truly yours, TIME-,IFE BROADCAST, INC. (A Colorado Corporation) /•/ Hugh B. Terry President" Mr. Holland subsequently, as a consequence, of the foregoing letter, filed with the City Clerk the following documents: 1. Check No. 8338 in the amount of $50.00 in payment of the petition filing fee for zoning consideration: 2. Market Research Sales Potential Study, prepared by John w. Combs Limited, John Combs Associates, Inc.: 3. Surety Bond in the amount of $250,000.00 conditioned on compliance of Time-Life Broadcast, Inc. with the provisions of Ordinance 45, Series of 1955, as amended, in accordance with the aforesaid ordinance provisions as a condition to the development of said land as a C-3 regional shopping center district: 4. Addendum to Traffic S t udy for Cinderella Shopping Center located at KLZ Site at Hampden Avenue, prepared by Meurer, Serafini and Meurer of Denver; 5. Financial statement by Ernst and Ernst, setting forth that Time-Life Broadcast, Inc. has a net worth exceeding one million dollars. The City Clerk received all of the above documents at 9:45 P.M., August 6, 1962. Mr. Holland asked that the matter be referred to the Planning Conunission and informed the Council that he had filed a similar petition for zoning with that Conunission. COUNCILMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE APPLICATION FOR ZONING OF THE KLZ TRANSMITTER SITE AND RELATED PAPERS BE REFERRED TO THE CITY ATTORNEY AND PLANNING COMMISSION FOR ACTION AND RECOMMENDATION TO THE COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 622-2 MINUTES OF THE MEETING OF JULY 16, 1962 COUNCILMAN LOVE MOVED, COUNCILMAN MILES SECONDED, THAT THE MINUTES OF THE COUNCIL MEETING OF JULY 16, 1962 BE APPROVED AS CORRECTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Love, Miles, Par~er, Smukler, Woods, Brownewell. Nays: None. Absent: None. Abstaining: Councilman Braun. The Mayor declared the motion carried. 611-31 RELATING TO ENGLEWOOD UNLIMITED AND OPENING OF CHEROKEE Councilman Smukler asked that rules of the Council be suspended by allowing · ... ,<rl / I .... I I 1 - I I I Minutes of August 6, 1962 representatives of Englewood Unlimited to appear at this time. The Council indi- cated no object j on. COUNCILMAN SMUKLER MOVED, COUNCILMAN WOODS SECONDED, THAT THE RULES BE SUSPENDED BY ALLOWING REPRESENTATIVES OF ENGLEWOOD UNLIMITED TO BE HEARD AT THIS TIME. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None • The Mayor declared the motion carried. The Mayor recognized Mr. Harold Abbott, Mr. Ray Ludwig, and Mr. Jack Eachon, all present to discuss the Englewood Unlimited matter. Mr. Harold Abbott stated that he and the other gentlemen were present due to an indication that the Council's viewpoint on the operning of South Cherokee Street, through City Park may have changed. Councilman Woods inquired as to what was the basis for feeling that the matter should be recon•idered. Di•cussion ensued. Mr. Ray Ludwig stated that as petitions for e•tabliahing the district had been circulated, more and more indication has been given by owners of property in the downtown area that Cherokee Street should be opened through the park. He stated tha£ good traffic planning favored this route and that as an alternative without Cherokee Street South Huron Street, which winds through the Park would become a thoroughfare. Accordingly, he expre••ed the hope that there was a possibility of extending South Cherokee and had di•cu••ed the matter several times with the City Attorney relating to his opinion that uae of the Park land required favorable vote of the people. He stated that petitioners have secured 25% of the aignatures necessary to initiate the district with the alternate route of Cherokee to Girard, Gi rard to South Bannock but if Cherokee Street can be opened he can foresee no difficulty in securing the additional 26%. He suggested to the Council that rather than assuming the need for an election before making Cherokee Street available the Council proceed and if necessary an election can be called when required. The Mayor stated that the Council had cooperated with Englewood Unlimited and would continue to do so. The City Attorney reported that law in this matter is very meager and expressed his opinion as previoualy that an election would be required. The one case available set forth that any use of park land for purposes 9ther than park or recreation use required an election. Councilman Smukler and Councilman Braun expressed the view that new informa- tion on the matter of the opening of South Cherokee Street had been presented and should be reviewed. COUNCILMAN BRAUN MOVED, COUNCIIHAN LOVE SECONDED, THAT THE CITY ATTORNEY MEET WITH THE REPRESENTATIVES OF THE ENGLEWOOD UNLIMITED IN ORDER TO SECURE ANY ADDI- TIONAL INFORMATION THE GROUP MAY HAVE SECURED WITH THE REGARD TO THE OPENING OF SOU'l'H CHEROKEE STREET AND REPORT THE SAME AND HIS OPINION ON SUCH INFORMATION TO 'DIE COUNCIL AT ITS EARLIEST DATE. Councilman Love stated that he seconded thefotion in order to have available for discussion only. Mr. Ray Ludwig spoke further that the City leaderahip was ne~essary to develop a sound downtown district and that the property owners of the downtown area will buy a well pla~ned program. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Miles, Parker, Smukler, Woods, Brownewell. Nays: Councilman Love. Absent: None. The Mayor declared the motion carried. (Councilman Smukler left the Chambers at 9:50 P.M.) 622-17 REPORT ON BUS SERVICE The Mayor stated that Councilman Smukler had asked that the matter be post- poned until later on the agenda. 622-5 MINUTES OF CAREER SBRVICE BOARD MEETING OF JULY 25, 1962 The Mayor asked that the minutes be received and placed on file. Minutes of August 6, 1962 622-7 MINUTES OF WATD. ·AND SEWER BOARD MUTING OF JULY 11, 1962 The Mayor asked that the minutes be received and placed on file as the recommendations included therein had been acted upon previously. 622-4 MINUTES OF BOARD OF ADJUSTMP.NT AND APPEALS MEETING OF JULY 11, 1962 The Mayor asked that the minutes be received and placed on file. 622-6 MINUTES OF PLANNING C<»tMISSION MBBTING OF JULY 19, 1962 The Mayor asked that the minutes be received and placed on file. 622-30 Relating to Rezoning half block Southwest of the intersection of South Lincoln and East Chenango The City Clerk read the following recommendation of the City Planning and zoning Commission in full: "That the Planning Commission recommend to the City Council the rezon- ing of the area immediately east of Kinney's Shoe Store, 4900 South Broadway between the Broadway-Lincoln alley and Lincoln projected, and fronting on Chenango, from R-1-D to C-2: and that simultaneous consi- deration be given to the access as propoaed by Mr. Shaffer." COUNCILMAN LOVE MOVED, COUNCILMAN MILESSECONDBD, THAT THE RECCl4MENDATION OF THE PLANNING COMMISSION BE ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Wo<lis, Brownewell. Nays: None. Absent: Councilman Smukler • . The Mayor declared the motion carried. 622-31 Relating to Accepting of a Deed from Mr. Shaffer for a 20 foot alley The City Clerk read the followin g recommendation of the City Planning and Zoning Commission in full: "That the Planning ConunissiLn recommends to the City Council that the deed from Mr. Shaffer for a 20 foot alley running the length of his property on the east be accepted." COUNCIIlttAN LOVE MOVED, COUNCILJ.1.AN WOODS SECONDED, THAT THE DEED BE ACCEPTED FROM MR •. SHAFFER ON THE APPROVAL OF ITS FORM BY THE CITY ATTORNEY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Mi les, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Smukler. The Mayor declared the motion carried. 622-32 Recommending Zoning of Centennial Acres Shopping Center The City Clerk read the following recommendation of the City Plann i ng and zoning Commissi o n in full: "The Planning Commission recommend to City Council the area between West Belleview Avenue: the South Federal Boulevard-South Grove alley and South Federal Boulevard be zoned C-2, in as much as the area is now developed by uses permited in this zone classification." COUNCILMAN LOVE MOVED, COUNCILMAN WOODS SECONDED, THAT THE RECOMMENDATION BB ACCEPTED AND THAT A PUBLIC HEARING BE SET UPON READING OF A BILL FOR AN ORDINANCE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Love, Miles, Parker, Woods, Brownewell. Nays: Councilman Braun. Absent: Councilman Smukler. The Mayor declared :the motion carried. 622-33 VACATION SUBSTITU9E FOR MUNICIPAL JUDGE The City Clerk read a letter from Municipal Judge Robert F. Kelley, dated July 30, 1962, requesting the appointment of a vacation substitute for him for the period from August 20th through August 31st. The letter suggested that former Judge Bodan be considered for this temporary appointment. "~"- ,I I I I I I Minutes of August 6, 1962 COUNCIU4AN MILES MOVED, COUNCILMAN PARKER SECONDED, THAT WILLIAM BODAN BE APPOINTED MUNICIPAL JUDGE FOR THE PERIOD FRC»t AUGUST 20TH TO AUGUST 31ST INCLUSIVE, THE PERIOD OF JUDGE KELLEY'S ABSENCE WITH A SALARY OF ONE HALF MONTH PAY TO BE ALLOWED FOR THIS SERVICE. (Councilman Smukler entered and toolt his seat on the Council at 10: 02 P.M.) Councilmen Love and Braun discussed the proposed appointment of former Judge Bodan. Upon the call of the roll. the vote resulted as follows: Ayes: Councilmen Miles, Woods, Parker, Brownewell. Nays: Councilmen Braun, Love. Abstaining: Councilman Smukler. Absent: None • The Mayor declared the motion carried. RECESS The Mayor called a recess of the Council until 10:20 P.M. CALL TO ORDER The Mayor called the Council to order with the following members present: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. The Mayor declared a quorum present at 10:22 P.M. 622-17 REPORT ON CURRENT STATUS OF BUS SERVICE Councilman Smukler reported that he had attended the recent Public Utilities Commission hearing on the disco~tinuance of bus service on the Yale- Downing and Bannock Street routes in the City of Englewood. He stated that pos- sibly 10 persons were present to protest the discontinuance of the route and that the information brought out at the hearing was that the objections were by older folks, that financial statements were presented to the Public Utility Co1'fClission which lead to the hearing officer's suggesting bankruptcy. The City Manager stated that he had discussed the problem of re-establishing bus service with the Littleton City Manager. He stated that Mr. Bussard, who previously operated the bus service, had contacted the Littleton officials with regard to establishing a limited bus service from downtown Englewood to downtown Littleton. A 25¢ fare was proposed for adults. He requested that he be given permission to indicate Englewood City Council's approval of the proposal in prin- ciple with hope that it could be extended into a more complete service at a later date. Councilman Parker discussed the need for bus service in Englewood to serve business and school children. Discussion ensued as to means of providing bus service in Englewood. Councilman Braun expressed the view that bus service was necessary and that free bus service for Englewood residents should be considered. The Mayor appointed a committee of Councilmen to consider the matter of pro- viding bus service, made up of the following Councilmen: Councilman Smukler, Chairman, Councilmen Parker and Braun members. COUNCILMAN PARKER MOVED, COUNCILMAN MILES SECONDED, THAT THE MAYOR BE AUTHORIZED TO WRITE A LETTER GRANTING THE USE OF ENGLEWOOD CITY STREETS AND PROVIDING LOADING ZONES FOR A PROSPECTIVE BUS OPERATOR UPON HIS REQUEST AND AT THE DISCRETION OF THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None . The Mayor declared the motion carried. 622-20 VACATING EAST EASTMAN PLACE AND PORTION OF SOUTH MARION Introduced as a Bill by Councilman Braun A BILL FOR AN ORDINANCE VACATING THE FOLLOWING DESCRIBED STREETS: EAST EASTMAN PLACE, BEIRG < :BOUNDED ON THE WEST BY SOUTH DOWNING STREET AND ON THE EAST BY 294 Minutes of August 6, 1962 SOUTH LAFAYETTE STREET, MORE FULLY DESCRIBED AS: LOTS 17, 18, 33 AND 34, VACATED BLOCK 16, EVANSTON BROADWAY ADDITION; AND LOTS 17, 18, 33 AND 34, BLOCK 15 EVANSTON BROADWAY ADDITION TOGETHER WITH THAT PORTION OF THE PREVIOUSLY VACATED STREETS AND ALLEYS ABUTTING SAID DESCRIBED LOTS; THAT PORTION OF SOUTH MARION STREET WHICH ABUTS LOTS 35, 36 AND THE SOUTH 10 FEET OF LOT 37, BLOCK 16 EVANSTON BROADWAY ADDITION, 2ND FILING: AND LOTS 15, 16 AND THE SOUTH 10 FEET OF LOT 14, BLOCK 15, EVANSTON BROADWAY ADDITION, ALL IN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. BE IT ORDAINED BY THE CITY 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 pur- suant to the provisions of Section 13, Article l, 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: East Eastman Place, being bounded on the west by South Downing Street and on the east by South Lafayette Street, more fully described as: Lots 17. 18, 33 and 34, vacated Block 16, Evanston Broadway Addition; and Lots 17, 18, 33 and 34, Block 15 Evanston Broadway Addition to- gether with that portion of the previously vacated streets and alleys abutt i ng said described lots; that portion of South Marion Street which abuts Lots 35, 36 and the south 10 feet of Lot 37, Block 16 Evanston Broadway Addition, 2nd Filing; and Lots 15, 16 and the south 10 feet of Lot 14, Block 15, Evanston Broadway Addition, all in the City of Englewood, Arapahoe County, Colorado. Section 2. That the hereinabove described land is located entirely with- in the City of Englewood, Colorado and does not constitute a boundary line between the City of Englewood and · any county or other municipality. Section 3. That the vacation of the hereinabove described streets will not leave any adjoining land without an established public road connecting said land with another established public road. 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 or canals and appur- tenances, and for electric, telephone, and similar lines and appurtenances, if any, now located in the hereinabove described part of Englewood. Passed on First Reading by the City Council of the City of Englewood, Colorado this 6th day of August, A.O. 1962, and ordered published in full in the Englewood Herald and Enterprise. /g:/L~~d Mayor ATTEST: surer time. COUNCILMAN BRAUN MOVED, COUNCii.HAN 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 Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 622-34 BILL FOR AN ORDINANCE VACATING ALLEY NORTH OF CHARLES HAY SCHOOL Introduced as a Bill by Councilman Braun A BILL FOR AN ORDINANCE VACATING THE FOLLOWING DESCRIBED ALLEY: THAT PART OF THE ALLEY BETWEEN SOUTH MARION STREET AND SOUTH LAFAYETTE STREET WHICH ABUTS LOTS 14, 16 AND THE SOUTH 15 FEET OF LOT 14 AND LOTS 35, 36 AND THE SOUTH 15 FEET OF LOT 37, BLOCK 15, EVANSTOt. BROADWAY ADDITION, ALL IN THE CITY OF ENGLEWOOD, ARAPAHOE OOUN'l'Y I COLORADO. I I :1 • I I ;I I 'I Minutes of August 6, 1962 BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGL.E.WOOD, 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 13, Article l, 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 des- cribed as follows: That part of the alley between South Marion Street and South Lafayette Street which abuts Lots 15, 16 and the south 15 feet of Lot 14, and Lots 35, 36 and the south 15 feet of Lot 37, Block 15, Evanston Broadway Addition, all in the City of Englewood, Arapahoe County, Colorado. · Section 2. That the hereinabove described land is located entirely within the City of Englewood, Colorado and does not con•titute a boundary line between the City of Englewood and any county or other municipality. Section 3. That the vacation of the hereinabove described alley will not leave any adjoining land without an established public road connecting said land with another established public road. Section 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 or canals and appur- tenances, ani for electric, telephone, and similar lines and appurtenances, if any, now located in the hereinabove described part of Englewood. Passed on First Reading by the City Council of the City of Englewood, Colorado this 6th day of August, A.O., 1962, and ordered published in full in t~e Englewood Herald and Enterprise. ~_j/L~'41 ~a -----------~ -, 17 _,-,---, --Mayor ATTEST: was read for the COUNCILMAN BRAUN MOVED, COUNCiu-tAN SMUKLER SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Miles A BILL POR AN ORDINANCE REZONING THE FOLLOWING DESCRIBED PROPERTY FROM R-1-D (RESIDENCE DISTRICT) CLASSIFICATION TO R-2-B (RESIDENCE DISTRICT) CLASSIFICATION TO-WIT: LOTS 5 THROUGH 46 INCLUSIVE, BLOCK 4 HIGGINS SOUTH BROADWAY HEIGHTS, BEING THE AREA BOUNDED ON THE NORTH BY THE SOUTHERLY LINB OF THE C-2 (BUSINESS DISTRICT) ON EAST HAMPDEN AVENUE, ON THE EAST BY THB CBNTBR LINE OF SOUTH EMERSON STREET, ON THE SOUTH BY THE NORTHERLY LINE OF HIGHWAY NO. 70, AND ON THE WEST BY THE CENTER LINE OF SOUTH CLARKSON STREET, ALL IN THE CITY OF DlGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, pursuant to ordinance, the City Planning and Zoning Commission of the City of Englewood, Colorado, has duly held public hearing on a certain pro- posed amendment to Ordinance No. 45, Series of 1955, as amended, of the ordinances of the City of Englewood, Colorado, known as the "Zoning Ordinance of the City of Englewood," and has made recommendation of the adopting of an ordinance embodying said amendment; and, WHEREAS, the City Council has complied with the rules prescribed by its charter and ordinances in taking the preliminary action in amending said Ordinance No. 45, Series of 1955, as amended; and WHEREAS, the public necessity, convenience, general welfare and good zoning practices justify the proposed amendment to the zoning ordinance, as hereinafter set forth: Minutes of August 6, 1962 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The zoning of the hereinafter described property located within the City of Englewood, County of Arapahoe, State of Colorado, is hereby changed from R-1-D (Residence District) Classification to R-2-B (Residence District) Classification, to-wit: Lots 5 through 46 inclusive, Block 4 Higgins South Broadway Heights, being the area bounded on the North by the southerly line of the C-2 (Business District) on East Hampden Avenue, on the East by the center line of South Emerson Street, on the South by the northerly line of Highway No. 70, and on the west by the center line of South Clarkson Street, all in the City of Englewood, County of Arapahoe, State of Colorado. Section 2. The City Council hereby finda, determines and declares that the hereinabove change in zoning is justified by the public necessity, convenience, general welfare and good zoning practices. Introduced as a Bill for an Ordinance at the regular meeting of the City Council of the City of Englewood, Colorado, on August 6, 1962, read a first time in full and set for public hearing before said City Council at the regular meet- ing of the City Council on September 4, 1962, at 8:00 P.M. in the Council Chambers at the City Hall, 3345 s. Bannock Street, Englewood, Colorado. Notice of said hearing embodying this Bill for an Ordinance in full, ordered by the City Council to be published in full in the Englewood Herald and Enterprise, at least fifteen days before said hearing. f)f}{)2~w~¥?ff ------, --r --r---Mayor ATTEST: was read in full. COUNCILMAN MILES MOVED, COUNCILMAN LOVE SECONDED, THAT THE PROPOSED BILL BE PUBLISHED AS INTRODUCED AND PUBLIC HEARING ON THE PROPOSED RE1'CNING BE SET FOR SEPTEMBER 4TH AT 8:00 P.M. IN THE CITY COUNCIL CHAMBERS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 622-32 BILL FOR AN ORDINANCE ZONING CENTENNIAL ACRES SHOPPING CENTER Introduced as a bill by Councilman Love A BILL FOR AN ORDINANCE ZONING THE FOLLOWING DESCRIBED PROPERTY RECENTLY ANNEXED TO THE CITY OF ENGLEWOOD, COLORADO, AS C-2 (BUSINESS DISTRICT) CLASSIFICATION TO-WIT: LOTS 7 THROUGH 13, BLOCK 18, CENTENNIAL ACRES 2ND FILING, ALL IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, pursuant to ordinance, the City Planning and zoning Commission of the City of Englewood, Colorado, has duly held public hearing on a certain proposed amendment to Ordinance No. 45, Serie• of 1955, as amended, of the ordinances of the City of Englewood, Colorado, known aa the "Zoning Ordinance of the City of Englewood," and baa made recommendation of the adoption of an ordinance embodying said amendment: and, WHEREAS, the City Council has complied with the rules prescribed by its charter and ordinances in taking the preliminary action in amending said Ordinance No. 45, Series of 1955, as amended: and WHEREAS, the public necessity, convenience, general welfare and good zoning practices justify the proposed amendment to the zoning ordinance as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY THB CI'l'r COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: I I :I , ~ I ,I I I ,. I Minutes of August 6, 1962 Section 1. The hereinafter described property located within the City of Englewood, County of Arapahoe, State of Colorado, recently annexed to said City of Englewood is hereby zoned C-2 (Business Diatrict) Classification to-wit: Lots 7 through 13, Block 18, Centennial Acres, 2nd Filing, all in the City of Englewood, County of Arapahoe, State of Colorado. Section 2. The City Council hereby finds, determines and declares that the hereinabove zoning is justified by the public necessity, convenience, gener- al welfare and good zoning practices. Introduced as a Bill for an Ordinance at the regular meeting of the City Council of the City of Englewood, Colorado, on August 6, 1962, read a first time in full and set for public hearing before aaid City Council at the regular meeting of the City Council on September 4, 1962, at 8:00 P.M. in the Council Chambers at the City Hall, 3345 s. Bannock Street, Englewood, Colorado. Notice of said hearing embodying this bill for an Ordinance in full, ordered by the City Council to be published in full in the Englewood Herald and Enterprise, at least fifteen days before said hearing. ~~~~/~# ATTEST: ..---,-----ncayu;i;.-----------~ was read in full. COUNCILMAN LOVE MOVED, COUNCILMAN SMUKLBR SBCONDBD, THAT THE BILL AS INTRODUCED BE PUBLISHED AND THAT PUBLIC HBARING ON THE PROPOSED ZONING BE HELD ON SEPTEMBER 4TH AT 8:00 P.M. IN THE COUNCIL alAMBERS, AND NOTICE OF SAID HEARING BE GIVEN THE PROPERTY POSTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 622-30 BILL FOR AN ORDINANCE REZONING PROPERTY LYING SOUTHWEST OF CHENANGO AND LINCOLN AVENUE BXTENDED Introduced as a Bill by Councilman Love A BILL FOR AN ORDINANCE REZoNING THE FOLLOWING DESCRIBED PROPERTY FROM R-1-C (RESIDENCE DISTRICT) CLASSIFICATION TO C-2(BUSINESS DISTRICT) CLASSIFICATION TO-WIT: TRACT A, BELLEWOOD, ALL IN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. WHEREAS, pursuant to ordinance, the City Planning and Zoning Commission of the City of Englewood, Colorado, has duly held public hearing on a certain pro- posed amendment to Ordinance No. 45, Series of 1955, as amended, of the ordinances of the City of EnglewoaJ, Colorado, known as the "Zoning Ordinance of the City of Englewood," and has made recommendation of the adoption of an ordinance embodying said amendment: and, WHEREAS, the City Council has complied with the rules prescribed by its charter and ordinances in taking the preliminary action in amending said Ordinance No. 45, Series of 1955, as amended: and WHEREAS, the public necessity, convenience, general welfare and good zoning practices justify the proposed amendment to the zoning ordinance, as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. The zoning of the hereinafter described property located within the City of Englewood, County of Arapahoe, State of Colorado, is hereby changed from R-1-C (Residence District) Classification to C-2 (Business District) Classification, to-wit: Tract A Bellewood, all in the City of Englewood, Arapahoe County, Colorado. Section 2. The City Council hereby finds, determines and declares that the hereinabove change in zoning is justified by the public . necessity, convenience, general welfare and good zoning practices. 297 298 Minutes of August 6, 1962 Introduced as a Bill for an Ordinance at the reqular meeting of the City Council of the City of Englewood, Colorado, on Auqust 6, 1962, read a first time in full and set for public hearing before said City Council at the regular meet- ing of the City Council on September 4, 1962, at 8:00 P.M. in the Council Chambers at the City Hall, 3345 s. Bannock Street, Englewood, Colorado. Notice of said hearing embodying this Bill for an Ordinance in full, ordered by the City Council to be published in full in the Englewood Herald and Enterprise, at least fifteen days before said hearing. COUNCILMAN LOVE MOVED, COUNCiu.tAN PARKER SECONDED, THAT THE BILL INTRODUCED BE PUBLISHED AND THAT PUBLIC HEARING ON THE PROPOSED REZONING BE HELD ON SEPTmitBER 4TH AT 8:00 P.M. IN THE COUNCIL CHAMBBRSr NOTICE OF SAID HEARING TO BE PUBLISHED AND PROPERTY TO BE POSTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 621-62 RELATING TO REZONING OF PARK-BLITCH LAND The City Attorney reported that Mr. Mark Shivers, Jr., Counsel for Park- Elitch, had requested that the petitior. for rezoning be withdrawn from considera- tion by the Council. Discussion ensued. COUNCIUIAN MILES MOVED, COUNCIIllAN LOVE SECONDED, THAT THE MATTER OF PARK- ELITCH REZONING BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN MILES MOVED, COUNCIUotAN LOVE SECONDED, THAT THE MATTER OF REZONING OF THE PARK-ELITCH TRACT OF LAND BE REFERRED BACK TO THE PLANNING COMMISSION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Woods BY AUTHORITY 621-74 ii ORDINANCE NO. 20, SERIES OF 1962 AN ORDINANCE VACATING THAT PORTION OF SOUTH BANNOCK STREET EXTENDED THAT LIES TO THE WEST OF STANDER SUBDIVISION AND THE UTILITY EASEMENT THAT LIES WITHIN SAID STANDER SUBDIVISION, ALL IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. was read for the second time. C<XJNCI~ WOODS MOVED, COUNCILMAN LOVE SERIES OF 1962 BE PASSED ON SECOND AND FINAL FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. vote resulted as follows: SECONDED, THAT ORDINANCE NO. 20, READING AND ORDERED PUBLISHED IN Upon the call of the roll, the Ayes: Councilmen Love, Miles, Smukler, Woods. Nays: Councilmen Braun, Parker, Brownewell. Absent: None. The Mayor declared the motion carried. Introduced as a bill by Councilman Love BY AUTHORI'l'r 622-26 ORDINANCE NO. 21, SBRIBS OF 1962 AN ORDINANCE AMENDING ORDINANCE NO. 31, SBRIBS OP 1957, RELATIVE TO THE ~- 'I I I ·1··. ,. I I I I 'I Minutes of August 6, 1962 CONSTRUCTION AND REGULATION OF PRIVATE SWIMMING POOLS AND OTHER SUCH FACILITIES IN THE CITY OF ENGLEWOOD, COLORADO BY DELETING THEREFROM 11 SECTION 6 -DISCHARGE SYSTEM" AND SUBSTITUTING THEREFOR A NEW SUCH "SECTION 6 -DISCHARGE SYSTEM". was read for the second time. COUNCILMAN LOVE MOVED, COUNCILMAN WOODS SECONDED, THAT ORDINANCE NO. 21, SERIES OF 1962 BE PASSED ON SECOND AND FINAL 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 Love, Miles, Smukler, Parker, Woods, Brownewell. Nays: None. Abstaining: Councilman Braun. Absent: None. The Mayor declared the motion carried. REPORT ON RESULTS OF RIPPLE AND --LAW SUIT The City Attorney reported that the Supreme Court reversed District Court decision and dismissed a $10,599.00 judgement against the City of Englewood. He reviewed the details of the decision and points of the case with the Council. 622-52 AGREEMENT WITH DENVER FOR SEWER LINE UNDER CITY DITCH AT SWEDISH HOSPITAL The City Attorney reported that sewer l i cense agreement forms with the City of Denver had been prepared for the relocating of a 10 inch sewer line under the Denver City Ditch in the vicinity of the Swedish Hospital. He asked that the Mayor and City Clerk be authorized to sign the license agreement on behalf of the City. COUNCILMAN SMUKLER MOVED, COUNCILMAN LOVE SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE SEWER LICENSE AGREl!JmB'S ON BEHALF OF THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: N0 ne. '.l'he Mayor declared the motion carried. 622-35 SEWER EXTENSION IN 4100 AND 4200 BLOCK SOUTH LIPAN STREET The City Manager presented letters and other evidence of the need for a sanitary sewer line in the 4100 and 4200 block of South Lipan Street. He stated that the estimated cost was $6,000.00. COUNCILMAN SMUKLER MOVED, COUNCILMAN PARKER SECONDED, THAT THE CI~ MANAGER AND CITY ENGINEER BE AUTHORIZED TO PROCEED WITH THE PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE SEWER EXTENSION AND BIDS BE SOUGHT, CONSTRUCTION INITIATED AS SOON AS POSSIBLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 622-14 PURCHASE OF PROPOSED JASON PARK LAND The City Manager reported that he had no information on the proposed pur- chase. 612-59 PROPOSED CHANGES IN GROUP LIFE INSURANCE COVERAGE The City Manager reviewed that in September, 1961 the Council received a Career Service recommendation that the present Group Life Insurance policy with the Equitable Life Assurance Society be amended to provide additional coverage l Or the City employees. At that time the Council requested that a study be con~ ducted and additional information sought. He stated that he had reviewed the study prepared by the City Treasurer and conducted investigations on his own behalf and would recommend the proposal as originally submitted. COUNCILMAN SMUKLER MOVED, COUNCILMAN LOVE SECONDED, THAT THE CITY COUNCIL ACCEPT THE REVISED PLAN SUBMITTED BY EQUITABLE LIFE ASSURANCE SOCIETY AND AUTHORIZE THE CITY MANAGER TO PERMIT THE CONTACT OF EMPLOYEES BY REPRESENTATIVES OF THE LIFE INSURANCE COMPANY. Upon the call of the roll, the vote resulted as follows: 299 300 Minutes of August 6, 1 9 62 Ayes: Councilman Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 622-36 RELATING TO 1962 AUDIT The City Manager suggested that the Council consider appointment of the auditor for 1962 so that some of the preliminary work may be completed in the near future. Discussion ensued. COUNCILMAN LOVE MOVED, COUNCILMAN PARKER SECONDED, THAT WALTER E. HEIDER AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, BE AUTHORIZED TO CONDUCT THE 1962 AUDIT FOR THE CITY. Councilman Braun discussed this appointment and stated that he would vote no as he felt the Ci~y should have another auditor. Councilman Smukler spoke in favor of continuing with Heider becauae as an auditor becomes more and more acquainted with the books he can do a better job. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: Councilman Braun. Absent: None • The Mayor declared the motion carried. 622-37 PROPOSED PAVING DISTRICT FOR 1963 The City Manager reported that considerable interest had been expressed in the securing of paving petitions for 1963 and that he had set the deadline of September 28th for the submission of completed petitions to the Council. Dis- cussion ensued. Councilman Smukler asked if the City Council would have an occassion to propose the inclusion of certain streets in the proposed district by Council initiative. The City Manager stated that he could not say at this time as the City had a limited amount of money with which to participate in the district. The City Manager agreed to prepare and provide copies of a list of the streets under consideration for paving in 1963. 622-25 RELATING TO ISSUANCE OF WATER BONDS The City Manager presented a schedule of proposed Debt Service required in the new $1,750,000.00 bond issue and the ultimate $4,000,000.00 necessary to complete outstanding projects. He stated that the schedule showed that the Debt Service could be met with existing Water revenue• without a rate change. He stated that this item was presented for information of the Council at this time. 622-9 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR THE MONTH OF JULY, 1962 COUNCILMAN PARKER MOVED, COUNCILMAN LOVE SECONDED, THAT THE BILLS, CLAIMS, AND INVOICES AS APPROVED BY THE CITY MANAGER AND LISTED BY THE CITY CLERK BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell~ Nays: None. Absent: None. The Mayor declared the motion carried. 622-53 COUNCII.MATIC APPOINTMENTS TO FILL VACANCIES The Mayor reported that Councilman Woods had submitted his resignation from the Public Library Board effective August lat. Diacuaaion ensued. COUNCILMAN SMUKLER MOVED, COUNCILMAN LOVE SECONDED, THAT THE CITY COUNCIL ACCEPT WITH REGRET THE RESIGNATION OF COUNCILMAN WOODS FROM THE PUBLIC LIBRARY BOARD, EFFECTIVE AUGUST l, 1962. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None • The Mayor declared themotion carried. I I I I I I I Minutes of August 6, 1962 The Mayor stated that in addition to filling the vacancy on the Public Library Board that there was a vacancy on the Water and Sewer Board and Firemen's Pension Board. Discussion ensued. COUNCILMAN SMUKLBR MOVED, COUNCILMAN LOVE SECONDED, THAT THE FOLLOWING APPOIN'lMENTS BE MADE EFFECTIVE AUGUST 1, 1962: COUNCILMAN PARKER TO THE WATER AND SEWER BOARD FOR TENURE, COUNCILMAN WOODS TO THE FIREMEN'S PENSION BOARD FOR A TERM EXPIRING FEBRUARY 1, 1964, COUNCILMAN LOVE TO THE PUBLIC LIBRARY BOARD FOR TENURE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Smukler, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. RELATING TO CENTENNIAL ACRES The Mayor reported that a meeting of the citizens of the Centennial Acres area had been scheduled and urged the attendance of the Councilmen at that meeting. COUNCILMAN'S CHOICE Councilman Love discussed the recent expenditures of the South Suburban Metropolitan Park and Recreation Commission outside of its district boundaries. Discussion ensued. Councilman Parker stated that he did not feel it proper to pursue this matter at this time. ADJOURN COUNCiatAN SMUI<LER MOVED, COUNCILMAN LOVE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Mi les, Parker, Smukler, Woods, Brownewell. Nays: Nore. Absent: None. The Mayor declared the meeting adjourned at 11:25 P.M. The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 6th day of August, 1962 A.O., stand approved as written this 4th day of September, 1962 A.O.