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HomeMy WebLinkAbout1966-03-07 (Regular) Meeting Minutes224 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 7, 1966 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, March 7, 1966, in the Council Chambers, City Hall, Englewood, at the hour of 8:00 P.M. Mayor Allen presiding called the meeting to order and the invocation was given by J. Leo Barron, Deputy City Clerk-Treasurer. The Mayor asked for roll call. Upon the call of the roll, the following per- sons were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Also Present: City Manager Dial, Absent: None. City Attorney Criswell, City Clerk Malone. The Mayor declared a quorum present. The Mayor recognized the following "Special Citizen Invitees" and welcomed them to the Council meeting: Mr. & Mrs. E. E Wheeler, 3860 South Pennsylvania Street, Mr. W. R. Ross, 3120 South Race Street. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 7TH AND 21ST AND THE SPECIAL MEETING OF FEBRUARY 28, 1966, BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Ernest P. DeMoulin appeared before Council regarding his five acre tract of land inunediately south of the GEM Store upon which litigation is pending andwhich there has arisen some question as to whether or not the City of Englewood should continue with such litigation. Mr. DeMoulin expressed his desire to Council that litigation be discontinued on the part of the City of Englewood. The Mayor thanked Mr. DeMoulin for his expression on the matter. Mr. Harold Rust, Manager of Public Service Canpany, presented the Council wi~h a check for $30,894.46, representing the Public Service Canpany's semi-annual franchise tax payment for the period dated from July 1, 1965 to December 31, 1965. Mr. Kent Morgan and others representing the Englewood Jaycees, appeared before Council to discuss the possible use of McLellan Reservoir for an Annual July 4th Regatta. Mr. Morgan explained that his conunittee had appeared before the Water and Sewer Board and the Parks and Recreation Commission and that what they were proposing involved the use of the McLellan site for a boat regatta or hydro-plane races during the day of July 4th culminating with a fireworks display on the evening of July 4th. The Jaycees felt that this site was excellent for this purpose and that there were many problems to be worked out, such as ingress and egress but they felt this could be done in sufficient time. The 3aycees propose that one half of the net 'from this event be turned back into the development of the McLellan Reservoir site. Mr. Morgan reported that the sheriff had volunteered support such as a mounted posse for traffic control, extra patrol for trespassers and vandalism before and after the event and trustees to clean up the area afterwards. Mr. Morgan explained that for the last twenty years the Englewood Jaycees had held their fireworks display at the Arapahoe County Fairgrounds but were now being asked to move their display due to the increased horsemanship activities being held there. Mr. Morgan referred to a letter from the Arapahoe County Fair Association, copy of which was sent to the City Manager, explain- ing the reason for asking the Jaycees to relocate their fireworks display and further conanending the Jaycees and expressing a highly satisfactory relationship with the Jaycees over the past years during their annual fireworks event. Mayor Allen expressed concern of access to the area, the lack of sanitary faci- lities, and the problem of cleaning up the ar.ea after the event as well as the fact that permitting such an event would set a precedent. Councilman Kreiling indicated that he felt the plan was premature at this time and that the joint conunittee appointed by former Mayor Sam Love should first develop the plan for the entire area before events such as this were permitted. He further pointed to the fact that the site being proposed for this event would probably be the site for a future filter plant, which, when constructed, would eliminate access to this area. I I I I Minutes of March 7, 1966 Other matters were discussed, such as the Water and Sewer Boards' objections and the Parks and Recreation Commission's findings, liability insurance, which Mr. Morgan indicated would be provided by the Jaycees, incidental costs, which Mr. Morgan indicated the Jaycees would pay, and the fact that there would be an admis- sion charge for the races which the Jaycees hope will attr act three to five thousand people. COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE JAYCEES BE ALLOWED TO USE THE MC LELLAN RESERVOIR SITE WITHIN THE FRAMEWORK OF STIPULATIONS SET FORTH BY THE PARKS AND RECREATION COMMISSION AND THE WATER AND SEWER BOARD AS PAR AS SANITARY FACILITIES AND OTHER MATTERS ARE CONCERNED: THAT THE JAYCEES WILL HOLD THE CITY HARMLESS BY SECURING AN INSURANCE POLICY OF SUFFICIENT DENOMINATION OR ASCERTAIN THAT SAME IS SECURED: THAT THE AREA WILL BE CLEANED UP AFTER THE EVENT: ARD THAT NOTHING WILL BE DONE THAT WOULD IN ANY WAY INTERFEREOR ENDANGER THE FACILITIES AT THE MCLELLAN SITE, PROVIDED, HOWEVER, THAT ALL NECESSARY DETAILS AND CONSIDERATIONS MAY BE ACCOMPLISHED BY JULY 4, 1966. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton. Nays: Councilmen Kreiling, Allen. Absent: None. The Mayor declared the motion carried. Mr. Morgan further approached the Council regarding the Englewood Jaycees tak- ing over reconditioning and placing upon City thoroughfares, preferablly at bus stops, some thirty one benches recently confiscated by the City. Discussion ensued. COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED, THAT THE ENGLEWOOD JAYCEES BE PERMITTED TO RECONDITION SOME THIR'rY ONE BENCHES NOW WAREHOUSED BY THE CITY DUE TO DEFAULT AND DELINQUENCY ON THE PART OF THE FORMER BENCH OWNERS, TO PLACE THEM ON CITY THOROUGHFARES FOR THE BENEFIT OF THE CITIZENS OF ENGLEWOOD WHILE WAITING FOR TRANSPORTATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Jack Eberl, CPA with Leslie Whittemore and Company, presented the audit of the 1965 books and records of the City of Englewood. He commented briefly on the matter of an inventory of fixed assets not included in the 1Bti5 1 8udit because it was not completed at that time but which is complete at this time and will be a part of the 1966 audit as required by the newly adopted Colorado Logan Government Audit Law. He commented on the improper charging of certain expenditues, primarily Water Construction Fund expenditures which, due to the lack of issuing authorized bonds, have been charged directly to the Water Operating Account, and the need for a more precise method of accounting for special improvement district funds. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE AUDIT REPORT BY LESLIE E.WHITTEMORE AND COMPANY FOR THE YEAR ENDING DECEMBER 31, 1965, BE RECEIVED AND ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Dennis Slinn, of Merrick and Company Consulting Engineers, reviewed the bids received and opened at 9:00 A.M., March 3, 1966, regarding the grading, leveling and drainage and tree removal for the Belleview and Lutheran Park-Sites. A bid tabu- lation sheet was provided the Council and Mr. Slinn recommended the low bidder which was Stubby 's Hauling and Excavation, 4343 South Santa Fe Drive. I COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE E:I :o OF STUBBY'S HAULING AND EXCAVATION, 4343 SOUTH SANTA FE DRIVE, FOR GRADING, LEVELING, DRAINAGE AND TREE REMOVAL AT THE BELLEVIEW AND LUTHERAN PARK SITES IN THE AMOUNT OF $17,611.40 BE ACCEPTED AS BEING THE LOWEST AND BEST BID AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE A CONTRACT FOR SAME. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. 2 226 Minutes of March 7, 1966 COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING ON THE ISSUANCE OF A LIQUOR LICENSE TO MR. ANTHONY A'COSTA, 3200 WEST RADCLIFF DRIVE, FOR A RESTAURANT AND BAR TO BE LOCATED AT 3294 SOUTH ACOMA STREET BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Clerk presented a liquor license investigation report from the Englewood Police Department, indicating that the Bureau of Records in the Denver Police Department, the FBI and other agencies including the Englewood Police Depart- ment finds that Mr. A'Costa has had only a traffic offense and no criminal record, and that Mr. A'Costa has a very good reputation in his neighborhood with his neighbors considering him to be a very good citizen. Mr. Robert Flynn, Attorney for the applicant, addressed the Council, stating that the proper publication of hearing had been done, that the premises had been properly posted, which he presented an affidavit attesting thereto, and he further presented three petitions containing 373 signatures in favor of the Council's grant- ing this license. The petitions were read and the petition circulators signed an affidavit attesting to the signatures. Mr. A'Costa stated that he was married, had three children, a resident of Englewood, and that he was presently employed at the Club Bar, 1738 Curtis Street. He stated that he had been a bar tender for seventeen years and in the Denver area since 1957. He indicated that he knows the rules and regulations of bars and the sale of liquor and has had food handling and experience. Mr. A'Costa stated that the restaurant he proposes would be a class "A" restaurant similar in nature to the Brown Palace or the Broadmoor, that he would have eight or more employees and one full time chef. He felt that Englewood does not have ade- quate restaurant facilities at this time and that the City is growing and the type restaurant and bar proposed by him would be beneficial to the City. He indicated that the property that he has a lease agreement upon is not now in use except for five apartments which are located over the proposed restaurant. He further indicated that the occupants of these apartments were pleased with the idea of a restaurant going in on the lower floor. He expects to spend $25,000 for interior decorations. Artist's renditions of the proposed interior were shown, including a view of the dinning room which is to seat sixty five people, a small bar, and a kitchen with a large window. He explained that for parking facilities he would have the use of the City lot plus both sides of the street in the front of the restaurant, fifteen spaces in the rear of the restaurant and after six o'clock the use of the Telephone Company lot and the First National Bank lot. No live entertainment is proposed and the restaurant will have piped in music and will not maintain expecially late hours. Mr. Flynn and Mr. A'Costa responded to questions from the Council stating that the property was properly zoned, that there was no public or parochial schools within five hundred feet of the establishment and that Mr. A~Costa did have adequate financing. Mr. Edward Leechman, 3145 South Sherman Street, spoke in favor of the establishment indicating that in his opinion the needs of the neighborhood and the City of Englewood does require an establishment of this nature. Others present in favor of the granting of the license were Mrs. Edward Leechman, 3145 South Shennan Street, and Mr. Frank Judy, 3294 South Acoma Street. Mr. M. M. Summers, 3140 South Delaware, appeared before the Council in opp:isi- tion to the grandidgof the license. Mr. Summers stated that he was representing himself and the signers of petitions containing 268 signatures. The City Clerk read the petitions and Mr. Flynn questioned the receipt by Council of a petition not personally circulated by Mr. Summers, nor attested thereto by the circulator. Mr. Summers entered a protest to this objection and the City Attorney advised the Council that they should physically accept both petitions but that they did not necessarily have to give consideration to the one that had not been circulated by Mr. Summers or properly attested to. Mr. Summers objected. Mr. Summers opposed the granting of this license and stated that there are twenty five liquor establishments in the City and nine food establishments in the immediate area and that State Statutes require that consideration be given to the needs of the community and desires of the inhabitants. He pointed out that apart- ment dwellers now living above the proposed site presently have trouble ftnding adequate parking on the street, that there are fourteen cottages immediately across the street occupied by elderly women and that this establishment would be a nuisance and disturbance to those people and that this was the tenth liquor outlet within a two block area. Mr. Flynn gave a brief rebuttal referring to the 373 signatures of people who feel that the neighborhood and the City of Englewood need this establishment. Mr. Summers gave a brief rebuttal stating that the issuance of this license would provide three liquor outlets immediately adjacent to each other on one per- so~' s property and that the community does not need this establishment. I I I I Minutes of March 7, 1966 COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The Mayor called for a brief recess at 10:19 P.M. The Mayor called the Council to order at 10:32 P.M. with the following persons present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. The Mayor declared a quorum present. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE LIQUOR LICENSE APPLICATION OF MR. ANTHONY A'COSTA BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE MATTER OF STREETS AND ALLEYS TO BE INCLUDED IN PAVING DISTRICT NO. 16, DISCUSSED AT THE SPECIAL MEETING OF FEBRUARY 28, 1966, AND TABLED FOR FURTHER REVIEW AT THE MEETING OF MARCH 7, 1966, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The Mayor proceeded to consider the streets upon which there were objections at the Special Meeting of February 28, 1966. The City Manager recommended that Layton Avenue be paved from the intersection of Layton and Mariposa with a twenty-four foot roadway with four foot shoulders west to Pecos Street at a cost of $7,100 to the Water Department and $3,600 to the Public Improvement Fund as the City's share. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE PAVING OF LAYTON AVENUE BE EXTENDED FROM THE INTERSECTION OF LAYTON AND MARIPOSA DRIVE WEST TO PECOS STREET WITH A TWENTY FOUR FOOT PAVED ROADWAY AND FOUR FOOT SHOULDERS AS RECOMMENDED BY THE CITY MANAGER. Upon the.icall of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Ludwig referred to the matter of paving the alley between South Grant Street and South Logan Street from the south side of East Hampden Avenu.e to a point approximately 200 feet north of the north side of State Highway No. 70 and stated that the minutes of February 28, 1966, erroneously reflected a statement by himself concerning the development of this area by Englewood Unlimited. He stated that Englewood Unlimited did not anticipate any development in this area and that his concern was the fact that the property owners would not necessarily benefit by paving the alley and that the fact that no one objected is not sufficient evidence that the City should go ahead with this paving. The City Manager stated that the City could permit the owner who had requested this paving to pave the alley adjacent to his property at his own expense. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE ALLEY BETWEEN SOUTH GRANT STREET AND SOUTH LOGAN STREET FROM THE SOUTH SIDE OF EAST HAMPDEN AVENUE TO A POINT APPROXIMATELY 200 FEET NORTH OF THE NORTH SIDE OF STATE HIGHWAY NO. 70 BE DELETED FROM PAVING DISTRICT NO. 16. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Ludwig, Kreiling, Hanson, Fullerton. 228 Minutes of March 7, 1966 Nays: Councilmen Rice, Parkinson, Allen. Absent: None. The Mayor declared the motion carried. The paving of South Tejon Street was discussed and the City Manager presented a diagram indicating the nwnber of school children living the area and traveling to and from the Scenic View School. There were 133 children residing west of Tejon and 37 children residing east of Tejon. The City Manager reported that the Plan- ning and Traffic Director recommends that sidewalks be installed especially on the west side so the children could travel on a sidewalk until they could cross the street at a signalized inters~ction. The City Manager presented a cost comparison of fort¥-four foot paving with sidewalk, curb and gutter as opposed to a twenty- four foot roadway with four foot shoulders. Councilman Parkinson suggested that consideration be given to the City's sub- sidizing the cost of curb, gutter and sidewalk as required in industrial areas as opposed to the cost of hollywood curb, gutter and sidewalks used on residential streets. COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT SOUTH TEJON STREET FROM THE SOUTH SIDE OF WEST EVANS AVENUE TO THE SOUTH SIDE OF WEST YALE AVENUE BE INCLUDED IN PAVING DISTRICT NO. 16 WITH CURB, GUTTER AND SIDEWALKS ON BOTH SIDES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Kreiling, Hanson. Nays: Councilmen Ludwig, Fullerton, Allen. Absent: None. The Mayor declared the mption carried. Introduced as a Bill py Councilman Rice A BILL FOR AN ORDINANC~ CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 16: ORDERING THE CONSTRUCTION THEREIN OF STRE~T, AVENUE AND ALLEY IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY: AND DECLARING AN EMEREGENCY-. WHEREAS, the City Council of Englewood, Colorado, pursuant to the Charter and Ordinance No. 14, Series 1965, of said City and the Laws of the State of COlorado, hereby finds and determines that there exists a necessity for the creation of Paving District ~o. 16, in said City, and the construction therein of certain street, avenue and alley improvements, as described herein: and WHEREAS, the City Council has heretofore directed the City Engineer to prepare plans, specifications, maps and schedules in accordance with said laws: and WHEREAS, the City Engineer has filed with the Clerk of said City all the maps and certificates of his survey, as well as ·schedules, plans, specifications, approximations of cost, and all other matters and things in complete form and sub- stance as required by law: and WHEREAS, the said report so made and filed, together with details, specifica- tions, estimates, maps and schedules, are hereby approved and adopted by said City Council: and WHEREAS, the City Council directed the City Clerk to publish in the Englewood Herald and Enterprise, a newspaper of general circulation in said City, Notice of a proposition to create said District: and WHEREAS, the Council has heretofore set a date for the Hearing on said proposi- tion to create Paving District No. 16, such date being February 28, 1966: and that on said date at 8:00 o'clock P.M., all complaints and objections that might be made in writing concerning the proposed improvements by the owner or owners of any real estate to be assessed, or any person or persons interested generally, would be heard and determined by the City Council of said City of Englewood, before final action of said Council thereon, and that after the determination of all complaints and objections was made, said City Council would take up and consider an ordinance creating said Qistrict and ordering the proposed improvements: and WHEREAS, the City Clerk, by advertisement for a period of more than fifteen (15) days prior to the said 28th day of Febr~ary, 1966, gave notice in form and substance of the matters and things above mentioned as ordered to be given, in all respects in accordance with law and said order: and . . WHEREAS, the City Clerk has mailed to each known owner of real property to be assessed with the cost of said improvements a Notice of Intention to create said District, as provided by the Resolution adopted by the City Council on February 7, 1966: and I I I I Minutes of March 7, 1966 WHEREAS, at the time and place specified in said Notice, to-wit: February 28, 1966, the City Council met in open session for the purpose of hearing any objections or protests that might be made against said improvements: and WHEREAS, the City Council considered the following complaints and objections: STREETS OBJECTIONS 4000 S. Fox Mr. Donnel Stanton, 4080 S. Fox 1200 W. Layton 4600-4700 S. Mariposa Drive Mrs. Melvin Horton, 4780 S. Mariposa Mr. Layton, 4795 S. Lipan 2100-2690 S. Tejon Petition signed by Ida Holifield and others, containing 13 signatures Petition signed by Jim D. Wadkins and others, containing 6 signatures and Petition signed by Samuel W. Vardeman and others, containing 6 signatures Letters from: Mr. James Mace Mr. Charles L. Ferris Mr. & Mrs. Wade H. Long Mr. DeWa¥ne Fox, 1985 S. Iliff Mrs. Vardeman, 1985 W. Baker Mr. Fair Preston, 2400 S. Tejon Mr. John Reffel, 2600 S. Tejon Mr. Dennis Kelley, 2315 S. Tejon Mrs. Julia Hollyfield, 2052 W. Iliff Mrs. Mossbarger Mr. Chester Williams, 1990 W. Baltic ACTION Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied WHEREAS, all objections and complaints having been duly heard and considered, the Council has determined that such objections should be denied except as indicated above: and WHEREAS, the City Council hereby finds and determines that a general public benefit will accrue to the City from the proposed improvements: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Said Paving District No. 16 is hereby created and said improvements hereinafter described, consisting of street, avenue and alley improvements, are duly ordered after Notice duly given and Hearing duly held, all as required by law~ Section 2. Said improvements and the streets, avenues and alleys on which such improvements shall be constructed or installed shall be as follows: 1. Necessary grading and excavation, paving with 6 11 compacted gravel base course and 2" asphaltic concrete surface, concrete walks, curb and gutter where not already installed: together with appurtenances :and incidentals on the following streets and avenues: ON FROM TO East Bates Ave. East side of South Logan Street West side of the City Ditch South Elati Street South side of West Quincy Avenue North side of West Radcliff .Ave. South Fox Street South side of West Nassau Avenue North side of West Oxford Avenue East Girard Avenue East side of South Downing St. West side of South Lafayette St. South Grant Street South side of East Quincy Ave. North side of East Radcliff Ave. West Layton Avenue West side of South Mariposa Dr. West side of South Lipan St. South Mariposa Dr. South side of West Tufts Avenue North side of West Layton Avenue South Pennsylvania Street South side of East Union Avenue North side of East Layton Avenue 2. Necessary grading and excavation, paving with 8 11 compacted gravel base course and 3" asphaltic concrete surface, concrete walks, curb and gutter where not already installed: together with appurtenances and incidentals on the following streets and avenues: ·2 • 230 • Minutes of March 7, 1966 ON FROM TO West Bates Avenue East side of South Zuni Street West side of South Tejon Street South Tejon Street South side of West Evans Avenue South side of West Yale Avenue West Yale Avenue East side of South Tejon Street West right-of-way of c & S Railway Secti on 3. Said District shall be known as and the same is hereby designated "Paving Di strict No. 16", Englewood, Colorado. Secti on 4. The construction of said street, avenue and alley improvements in and for said District, as shown by the plans, specifications and maps ,there9f, pre- pared by th~ C~ty Engineer and approved by th~ City Council of said City and now on file in the office of the Clerk of said City, be and the same is hereby authorized and ordered, the material to be used in the construction of said street improvements to be in accordance with such maps, plans and specifications. Section 5. By virtue of and in pursuance to the aforesaid laws and the Charter and Ordinance No. 14, Series 1965, of said City, local improvement bonds of the City shall be issued for the purpose of paying for the local improvements in this Ordinance described and provided to be constructed in said Paving District, in an amount not to exceed the cost of said improvements, including engineering, legal and all inci- dental expenses, as in said laws, Charter and Ordinance , provided. Section 6. Said bonds shall be authorized by an Ordinance later to be passed in accordance with the Laws of the State of Colorado, the Charter and said Ordinance No. 14, Series 1965, of said City. Section 7. The Mayor 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 Englewood Herald and Enterprise, a newspaper of general circulation published in said City, which advertisements may run con- currently with the publication of this Ordinance. Section 8. By reason of the fact that the completion at the earliest possible date of the improvements described in this Ordinance is necessary to the inunediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exists and that this Ordinance shall take effect upon its final passage. Section 9. All ordinance, or parts thereof in conflict herewith are ll!reby repealed. This Ordinance, after its final passage, shall be recorded in a bo9k kept for that purpose, shall be authenticated by the signatures of the Mayor apd City Clerk, shall be published in said City, and after becoming effective, shall be irrepealable until the bonds of said District shall be paid in full. Section 10. A public Hearing on the Ordinance will be held at the City Hall in Englewood, Colorado, on Monday, the 21st day of March, 1966, at the hour of 8:00 o'clock P.M. INTRODUCED AND READ This 7th day of March, 1966 • ATTEST: • > Mayor COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE P·ROPOSED 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 Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Minutes of the Planning and Zoning Conunission meeting of February 9, 1966, were received for the record and it was noted that the memorandum contained therewith reconunending approval of Hampden Hills Baptist Church Subdivision was considered and acted upon at the regular meeting of February 21, 1966. I I I I Minutes of March 7, 1966 Minutes of the Planning and Zoning Commission meeting of February 16, 1966, were received for the record and it was noted that the memorandum contained therein, reconune~ding approval of a zoning change in the 3800 block South Inca Street was considered and acted upon at the regular meeting of February 21, 1966. Minutes of the Parks and Recreation Commission meeting of February 24, 1966 were received for the record and it was noted .that the memorandum ·contained therein recommending the deletion of cer,ain items on the Sinclair Junior High School Swimming Pool was considered and acted upon at the Special Meeting of February 28, 1966. Minutes of the Water and Sewer Board meeting of February 23, 1966, were received for the record. Consideration was given to the memorandum contained therein recom- mending inclusion of certain lands in the Southgate Sanitation District by Supplemental agreement. COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT CERTAIN DESCRIBED LANDS APPROVED FOR INCLUSION INTO THE SOUTH GATE SANITATION DISTRICT BY SUPPLEMENTAL AGREEMENT AT THE REGULAR MEETING OF JANUARY 3, 1966, BE AMENDED AND APPROVED AS AMENDED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Consideration was given to a memorandum recommending that change in anniversary date for head tap fees. COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE WATER AND SEWER BOARDS RECOMMENDATION EXTEJllDING THE ANNIVERSARY DATE FOR NEGOTIATIONS OF HEAD TAP FEES FOR THE SOUTH ARAPAHOE SANITATION DISTRICT AND THE SOUTH GATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FROM MARCH 7, 1966 TO APRIL 7, 1966 BE APPROVED. Upon the.call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Hanson A BILL FOR AN ORDINANCE AMENDING SECTION 13.24-3 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, EXEMPTING TEMPORARY SIGNS AT CONSTRUCTION SITES FROM THE PROVISIONS OF SECTION 13.24 AND AUTHORIZING THE CHIEF BUILDING INSPECTOR TO ISSUE A PERMIT FOR THE ERECTION THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 13.24-3 of the Municipal Code of the City of Englewood, Colorado, is hereby amended to read as follows: 113.24-3 Exemptions. The provisions of Section 13.24, except those provisions thereof relating to safety, shall not apply to the following: (a) (b) Any sign not more than two feet (2') in height, or over a show window or door of a store or business establishment, announcing, without display or elaboration, only the name of the proprietor and the nature of his business: Any sign, not exceeding one (1) square foot of display surface on a residence building, stating only the name and profession ·of an occupant: (c) Any sign, not exceeding ten (10) square feeto£ display surface ona building used for public meetings, assemblies or gatherings, giving only the name and nature of the occupancy and information as to the conditions of use or admission: (d) Any wall sign or any ground sign, not exceeding two and one-half (2 1/2) square feet of display surface, where the sign only advertises the sale or rental of the premises upon which it is maintained. (e) Any street sign erected by the City; 2 232 Minutes of March 7, 1966 (f) Any temporary sign or banner, the erecting or display of which is specifically authorized by City Council by resolution duly adopted; (g) Any non-animated ground sign erected upon realty where construction of an improvement is underway and which states the name of the owner, lessee or contractors thereof and the nature of the improve- ment being constructed, provided that a permit for the erecting of such sign shall be obtained from the Chief Building Inspector, upon presentation of plans thereof, which permit shall be effective only for a period not beyond the date the Chief Building Inspector issues his final certificate of occupancy for said improvement and which permit shall be issued only i£ the Chief Building Inspector is satisfied that: (i) The erecting and maintenance of said sign shall not violate the provisions of any other ordinance of the City of Englewood; (ii) The sign shall be so erected and maintained as to present no safety problem and shall be so located as to present no traffic hazard; (iii) The erectin and construction thereof shall be done by a contractor licensed by the City of Englewood; · provided however, that nothing in this Section 13.24-3 shall make lawful the erecting or maintenance of any sign the erecting or maintenance of which would be unlawful by reason of the provisions of any ordinance other than Section 13.24 of the Municipal Code of the City of Englewood. Introduced, read in full, passed on first reading and ordered published in full as a Bill in the Englewood Herald and Enterprise at a regular meeting of the City Council held on March 7, 1966. -~ ATTEST: COUNCILMAN HANSON MOVED, COUNCILMAN RICE 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 Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Attorney reported that he was not .fully prepared to give a recommen- dation to Council regarding the initiative petition for an ordinance permitting angle parking, filed with the City on February 23, 1966, but that a written report would be forthcoming in time for the City Council to take action on the matter at their next regular meeting of March 21, 1966. COUNCILMAN FULLERTON MOVED, COUNCILMAN KREILING SECONDED, THAT THE LITIGATION NOW PENDING REGARDING THE ERNEST f DEMOULIN ANNEXATION BE WITHDRAWN AND THAT THE CITY ATTORNEY BE AUTHORIZED TO TAKE ANY NECESSARY ACTIONS TO WITHDRAW FROM THE CASE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City attorney reported that possession had been granted to all three pieces of property constituting the Lutheran Park Site, and that letters had been mailed to the owners of the proposed Dartmouth Site property. The City Attorney reviewed with Council Subdivision wherein the City had retained an said easement was not for drainage purposes. drainage easement should be secured and that The Council concurred that the City Attorney action was taken. a drainage problem in the Pleasant View easement through this property but that The City Attorney indicated that a he would proceed if the Council so desires. should pursue the matter. No official • I I I I Minutes of March 7, 1966 RESOLUTION WHEREAS, street improvements in Paving District No. 15, Englewood, Colorado, have been satisfactorily completed and have been accepted by the City of Englewood; and WHEREAS, a statement showing the whole cost of said improvements and a proposed apportionment of the same on the property in said District has been filed in the office of the City Clerk: and WHEREAS, the City Council has considered the benefits accruing to each lot or tract of land in said District by reason of the making of said street improvements and has determined that the apportionment of the assessments for said improvements, as set forth in the following Notice, is in accordance with such benefits: • ?«>W, THEREFORE, BE IT RESOLVED That the Clerk of this City be, and he is hereby authorized and directed to notify the owners of the property to be assessed for said .µnprovements by advertisement in three consecutive weekly issues of The Englewood Herald and Enterprise, a newspaper published and of general circulation in the City of Englewood, that said improvements have been completed and accepted, that the cost thereof has been apportioned according to benefits and that a Hearing on the assess- ments will be held at the time and place specified in the Notice, the date of such Hearing being not less than fifteen days after the first publication of such Notice. In addition, a summary of said Notice shall be mailed to all owners of property to be assessed with the costs of said improvements. The City Clerk shall send such Notices by prepaid mail to the last known address of each such owner of property. BE IT FURTHER RESOLVED That the published Notice and mailed Notice shall be substantially as follows: (Porm of Published Notice) PUBLIC NOTICE OF THE CCMPLETION OF STREET IMPROVEMENTS IN PAVING DISTRICT NO. 15, IN THE CITY OF ENGLEWOOD, STATE OF COLORADO, OF THE APPORTIONMENT OF THE COST THEREOF AND HEARING THEREON. TO ALL PERSONS INTERESTED GENERALLY and to the owners of the real estate which is hereinafter described, said real estate comprising the District known as Paving District No. 15, in the City of Englewood, Colorado NOTICE IS HEREBY GIVEN: That the street improvements in Paving District No. 15, Englewood, Colorado, which were authorized by Ordinance No. 5, Series of 1965, finally adopted and approved on the 15th day of March, 1965, have been completed, that the same have been accepted by the City Engineer and the City Council of said City of Englewood and that the cost thereof has been apportioned against the real property in said District according to benefits. NOTICE IS FURTHER GIVEN: 1. That the whole cost of said improvements has been definitely ascertained and is in the amount of $337,514.60, said amount including costs of inspection, collection, incidentals and interest as allowed by law. 2. Of the whole coat stated in paragraph 1, the City of Englewood will pay $93, 387. 76, leaving t.le amount of $244, 126. 84 to be assessed against the real pro- perty in said District for the cost of said improvements. 3. That the share apportioned to and upon each lot and tract of land within said District and assessable for said improvements is as follows: Paving Dfstrict No. 15, Englewood, Colorado NAME AND ADDRESS LEGAL DESCRIPTION OF PROPERTY AMOUNT OF ASSESSMENT See Legal publications 4. That any complaints or objections which may be made in writing by the owners •of land within said District to the City Council and filed in the office of the Clerk of said City up to 5:00 o'clock P.M. on the 7th day of April, 1966, will be heard and determined by the City Council before the passage of an ordinance assessing the cost of said improvements. 5. Complaints or objections to the proposed assessments will be heard by the Council on the 11th day of April, 1966 at the hour of 8:00 o'clock P.M., at the City Hall in said City. WITNESS my hand and official seal this 7th day of March, 1966. /s/ Claude Malone City Clerk (SEAL) 2 234 Minutes of March 7, 1966 (Form of Mailed Notice) NOTICE OF FILING ASSESSMEJf'r ROLL OF CITY OF ENGLEWOOD, COLORADO, PAVING DISTRICT NO. 15 AND OF HEARING THEREON. ; NOTICE IS HEREBY GIVEN That the assessment roll for the City of Englewood, Colorado, Paving District No. 15 has been filed in the office of the City Clerk. The owner or owners of any property which is assessed in said assessment roll, whether named or not in said roll, may, on or before the day of , 1966, file with the undersigned, his or her or their complaints ·or objections in writing to the proposed assessments. • The City Council will meet to hear and consider complaints or objections to the assessments by any party or parties aggrieved thereby on the day of ~~~~~~' 1966, at o'clock P.M., at the City Hall in said City. Mny complaint or objection to the validity of the assessments or the proceed- inqs taken therefor shall be deemed waived unless presented in writing at the time and in the manner herein specified. BY ORDER OF THE CITY COUNCIL OF THE City of Englewood, Colorado. DATED This 7th day of March, 1966. /s/ Claude Malone City Clerk RESOLUTION ADOPTED AND APPROVED This 7th day of March, 1966. V' Mayor ·, ATTEST: . '. , COUNCILMAN FULLERTON K>VED, COUNCILMAN HANSON SECONDED, THAT THE ABOVE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager reported on the progress in removing ·improvements from City Park and the removing of sod upon which quotes are presently being obtained. He further reported that he had talked with Mr. Ramsbottom, the Federal Representative in Fort Worth, Texas, and that the City's application for federal funds was, according to Mr. Ramabottom, in good order. COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE OUT OF STATE TRAVEL FOR MRS. DOROTHY ROMANS, PLANNING AllD TRAFFIC DIRECTOR AND MR. RUSSELL G. WOODS, JR., CHAIRMAN OF THE PLANNING AND ZONING COMMISSION, TO ATTEND THE A.S.P.O. CONFERENCE IN PHILADELPHIA, PENNSYLVANIA, APRIL 17-~l BE APPROVED. Upon (•the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager reported on the drainage problem of Mr. Edward D. Nelson, 4160 South Galapago, conveyed to Council by means of a letter and indicated that action was being taken to alleviate the problem. He further referred to a policy of the City Council adopted sometime ago whereby generally the City would not apply gravel to an alley only in the case of extremely bad holes. The ~tty Manager stated that unless the Council objected the he will begin to institute a new policy regarding alleys whereby more graveling by the City would be done. The Council concurred. I I I I Minutes of March 7, 1966 The City Manager reported that he had met recently with representatives of the Mountain States Inspection Bureau and that an overall inspection of the City of Englewood's fire protection would begin in the latter part of March. This inspec- tion would determine whether or not the City maintained its current insurance rates and would be based upon the Fire Department capability, the City's water Department including the intensity of flow of water and water presssure. The Council was reminded of a meeting to be held on Wednesday, March 16, 1966, at the Welfare Building with County Cormnissioners to discuss airport needs. A meeting to be held on March 30, 1966, with Mr. Von Frellick, Mr. Art Davis and others, the City Council and the Planning Commission relative to the Englewood Shopping Complex was announced. The City Manager reviewed a problem which had arisen regarding the relocation of Little Dry Creek and stated that the Hoskins Report calls for a conduit capacity of eighty-eight hundred cfs to enclose Little Dry Creek. Engineers for Von Frellick and Associates have reported that a conduit capacity of· five thousand cfs -\-would be sufficient and Yan Frellick and Associates therefore feel that if they are required to design a larger conduit that the City of Englewood should pay for the difference in size. The City Manager reported that this difference in size could cost as much as $150,000 and it was the general consensus of the Council that the City could not bear this cost. The Council further concluded that the conduit size should be in accordance with the Hoskins Report. No official action was taken. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE 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 Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. A letter of resiqnEtion from Mr. George w. McGee resigning as a member of the Board of Adjustment and Appeals, effective inunediately, was presented to Council. Two reconunendations from Bill Clayton, Chairman of the Board were mentioned, how- ever, the Council took no official action in that they felt the matter should be given further consideration. Councilman Fullerton reported to Council that the Urban County matter was not dead and that it may very well be on a ballot at the next gubernatorial election. He stated that petitions are now being circulated and endorsed by the League of Women Voters and the AFL-CIO. He cited an example of increased cost of government to the citizens of Englewood through the spread of high Denver Welfare cost over the five county area. He indicated concern for the distorted facts that were being presented to people and felt that something should be done to convey the true facts and information. The City Manager reported that the insurance company involved in the sewer back- age case resulting in the 3800 block South Fox ;had again resolved that the City of Englewood was not liable. COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes• Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 12:50 A.M. /s/ Claude D. Malone, Jr., City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 7th day of March, 1966 A.D., stand approved as corrected this 4th day of April, 1966 A.D. 2