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HomeMy WebLinkAbout1967-06-05 (Regular) Meeting Minutes528 I '' l,i REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JUNE 5, 1967 The City Council of the City of Englewood, Arapahoe County, Colorado met in regular session on Monday, June 5, 1967, at the hour of 8:00 P.M. Mayor Allen, presiding, called the meeting to order and the invocation was given by the Reverend Marvin Adams of the Bmmanuel Methodist Church, 2100 South Down- Lncj4 ;, Englewood, Colorado. 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: Absent: None City Manager Dial Assistant City Manager Malone City Attorney Criswell City Clerk Lyon The Mayor declared a quorum present. COUNCILMAN FULLERTC. MOVED, COUNCILMAN HANSON SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL ON MAY 1, 1967, AND MAY 15, 1967, BE APPROVED AS ~-Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Ludwig, Kreiling, Full,erton, Hanson, Allen Nays: None Absent: None The Mayor declared the motion carried. Mayor Allen recognized the following "Special Citizen Invitees" and welcaned them to the Council Meeting: Mr. and Mrs. Frank B. Crowe, 3472 South Cherokee Circle. Mr. Gary Cassell, President of the Englewood Jaycees appeared before the City Council. Mr. Cassell requested that the City participate in the amount of $250 for the Jaycees Annual Fireworks Display. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY COUNCIL AUTHORIZE THE EXPENDITURE OF $250 FOR THE ENGLEWOOD JAYCEES 1967 FOURTH OF JULY FIREWORKS DISPLAY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Mr. George Goorman, owner of property adjacent to Highway No. 70, (940 West Hampden Avenue) and Mr. Bill Gunesch, 1090 West Hampden Avenue appeared before the City Council. Mr. Guensch stated that the present sanitary sewer which runs south serving their property is approximately 2~ feet in depth. Mr. Gunesch proposed that a deeper sanitary sewer be constructed beneath State Highway 70 to connect with a sewer on the north during the widening of the highway this summer. He stated that he and Mr. Goorman would be glad to pay the cost of the construction if the City of Englewood would do the engineering on the project and patch State High- way 70. COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY OF ENGLEWOOD JOIN MR. GOORMAN AND MR. GUNESCH AS REQUESTED IN CONSTRUCTING A SANITARY SEWER BENEATH STATE HIGHWAY 70 CONTINGENT UPON PAYMENT FOR THE CONSTRUCTION AND INSTALLATION BY MR. GOORMAN AND MR. GUNESCH: IN RETURN THE CITY OF ENGLEWOOD WILL DO THE ENGINEERING AND PATCHING OF STATE HIGHWAY 70 WITH THE TOTAL COST NOT TO EX- CEED $600 OUT-OF-POCKET EXPENSES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. I I I I I I I I Minutes of June 5, 1967 Mr. Bill Coffin of Bill's Auto Service, 3700 South Kalamath, appeared before the City Council. Mr. Coffin stated that about three years ago people in his area had objected to the installation of paving in his area until such time as storm drainage would be put in. Mr. Coffin stated that the paving had been done anyhow without the installation of a storm drainage. Mr. Coffin inquired as to the City's intent? Mayor Allen stated that it was definitely the City's intent to install a storm sewer outlet in the area. However, there did not appear to be enough funds to accomplish the job this year. City Manager Dial stated that there had been discussions with members of the State Highway Department and Denver Rio Grand Railway concerning construction of a storm sewer crossing beneath the railroad tracks inunediately east of South Santa Fe Drive. Councilman Ludwig stated that he felt the storm sewer problem should be approach- ed on a unified basis and from an over-all plan. Mr. Rossbach of Joy Industries, 3701 South Kalamath, appeared before the City Council. Mr. Rossbach inquired whether a ditch could be placed through the Park Floral property. Mr. Bill Buensch of the Park Floral Company indicated that the City of Engle- wood presently runs water which drains into the area through his property. Mr. Rossbach inquired as to why the proposed storm sewer would cost $2QO.OOO~OO. City Manager Dial stated that at one time a cost estimate of $150,000 .. had been· given. This estimate had been increased because it now appears neces$ary to enclos~ the •I•• f I ,''' • , ' \ storm sewer from west of South Santa Fe to the Platte River. · Mr. Leo Lentsch, 1550 East Dartmouth, appeared before the City Council. Mr. Lentsch stated that in light of the recent Court decision, he wished the City to restore the left turn movement at South Bannock and State Highway 70 •. Mayor Allnn stated that the City Council was considering this matter and would give the City Attorney direction on the question this evening. City Attorney Criswell reviewed the decision of the District Court on May 19, 1967, calling for the restoration of left hand turns at South Bannock and State Highway 70. Mr. Criswell stated that he felt the decision may have an effect upon turning Bannock into a one-way street pursuant to the proposed one-way grid pattern and suggested that the City Council request that the Court clarify its decision. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY ATTOR- NEY BE INSTRUCTED TO SEEK CLARIFICATION FROM THE COURT AS TO WHAT EFFECT ITS DECISION WILL HAVE UPON THE IMPLEMENTATION OF THE ONE-WAY TRAFFIC PATTERN ON SOUTH BANNOCK STREET. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT LEFT HAND TURNS BE REINSTATED AT BANNOCK AND HIGHWAY 70. Discussion ensued. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Hanson, Fullerton Nays: Councilmen Rice, Ludwig, Kreiling, Allen The Mayor declared the motion lost. ~OUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING ON THE ANNEXATION OF A TRACT OF LAND LOCATED BETWEEN WEST DARTMOUTH AVENUE ON THE NORTH, WEST FLOYD AVENUE ON THE SOUTH, SOUTH ZUNI STREET ON THE EAST, AND SOUTH BRYANT STREET ON THE WEST BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the public hearing open at 8:50 P.M. 529 530 Minutes of June 5, 1967 Note: The proceedings of the pilblic hearing on the annexation were reported by Mr. Elvin v. Jones of Depositions, Inc., Certified Shorthand Reporters, 418 Majestic Building, Denver. The transcript of the public hearing is on file in the official records of the City Council in the City Clerk's office. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING ON THE ANNEXATION BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the public hearing closed at 9:31 At¥. City Attorney Criswell stated that according to the annexation statutes, the City Council is bound to adopt a resolution on the findings of the eligibility of the area. The resolution should contain any terms and conditions imposed upon the area. Discussion of possible terms and conditions took place. RESOLUTION NO. 21, SERIES OF 1967 A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS, PURSUANT TO THE PROVISIONS OF CHAPTER 139, ARTICLE 21, AS AMENDED, COMMONLY REFERRED TO AS "THE MUNICIPAL ANNEXATION ACT OF 1965" AND DIRECTING PREPARATION OF AN ANNEXATION ORDINANCE. This resolution was read at a regular meeting of the City Council of the City of Englewood on June 5, 1967, but it was not passed. It has been amended and re- numbered as Resolution No. 26. RESOLUTION NO. 26, SERIES OF 1967 A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS, PURSUANT TO THE PROVISIONS OF CHAPTER 139, ARTICLE 21, AS AMENDED, COMMONLY REFERRED TO AS "THE MUNICIPAL ANNEXATION AC'l' OF 1965 11 AND ANNOUNCING THE CITY'S INTENT NOT TO ANNEX THE TERRITORY DESCRIBED THEREIN. WHEREAS, on or about April 6, 1967, there was filed with the City Clerk of the City of Englewood a petition requesting annexation of the following described territory to the City, to wit: Beginning at the NE corner of the NE 1/4, Section 32, Township 4 South, Range 68 West of the 6th Principal Meridian, Thence Westerly along the North line of said NE 1/4 SE 1/4, Section 32, which is the centerline of W. Dartmouth Avenue, to a point on the centerline of South Bryant Street, said point would be equidistant from the East line of Block 15, Boulevard Gardens, and the West line of Block 16, Boulevard Gardens, if said lines were extended to intersect with the said center line of West Dartmouth Avenue: thence Southerly along the centerline of South Bryant Street to a point on the South line of said NE 1/4 SE 1/4: Section 32, thence Easterly along the South line of said NE 1/4 SE 1/4, Section 32 to the SE corner of said NE 1/4 SE 1/4, Section 32: thence Northerly along the East line of NE 1/4 SE 1/4, Section 32 to the point of beginning, con- taining all of Block 16, Boulevard Gardens, and the contiguous one-half of all streets surrounding said Block 16, excepting therefrom all portions of present West Floyd Avenue lying South of the South line of said NE 1/4 SE 1/4, Section 32, and, WHEREAS, said petition was referred to City Council and said Council did, at its regular meeting on Monday, April 17, 1967, adipt a resolution finding that said petition substantially complied with the provisions of Chapter 139, Article 21, as amended, setting a time and place for a public hearing on said petition and directing notice of the same to be given in accordance .with the provisions of said statute, and WHEREAS, after due notice thereof, a public hearing on said petition was held, as required, before City Council at its regular meeting on Monday, June 5, 1967, which hearing was devoted to the taking of evidence upon the eligibility of the said territory for annexation to the City of Englewood and as to whether any conditions should be imposed upon said annexation, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD as follows: 1. That the City Council hereby finds and concludes as follows: a. That the territory requested to be annexed has a total perimeter of 3,909.45 feet and that 1,290.25 feet thereof (or approximately 33% thereof) is contiguous to the boundaries of the City of Englewood. I I I I I I I I Minutes of June 5, 1967 b. That there exists a conununity of interests between the territory proposed to be annexed and The City of Englewood. c. That the territory proposed to be annexed is urban in nature. d. That the territory proposed to be annexed is capable of being integrated with the City of Englewood. e. That there was presented no evidence which would support a finding that: i. Less than fifty percent of the adult residents of the territory make use of all or a part of the recreational, civic, social, religious, industrial or commercial facilities of the City of Englewood: or ii. Less than twenty-five percent of the adult residents of the territory are employed in the City of Englewood: or iii. One-half or more of the land in the territory is devoted to agricultural uses or that the landowners intend to continue any agricultural use presently in existence for the next five years or more: or iv. It is not physically practicable to extend to the area proposed to be annexed those urban services rendered to the City of Englewood to its present citizens. f. That based upon the foregoing, the territory described in the petition for annexation is eligible to be annexed to the City of Englewood. 2. That the City Council is under no duty or obligation to annex any territory to the City, even though the same is eligible therefor, and the City Council, having held a public hearing upon the annexation of the here- inabove-described territory, and having duly considered .the same, does hereby conclude that it would not be in the best interests of the City or its present inhabitants to annex the same and does hereby announce its intent not to annex said territory, by reason of which there shall be no further proceedings undertaken to accomplish its annexation. ATTEST: I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and complete copy of a resolution adopted by the City Council of the City of Englewood at its regular meeting on the 3rd day of July, 1967. COUNCILMAN PARKINSON MOVED, CDUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 21, SERIES OF 1967, BE ADOPTED AND APPROVED. Discussion ensued. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 21, SERIES OF 1967, BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Kreiling, Hanson, Allen Nays: Councilmen Parkinson, Ludwig, Fullerton The Mayor declared the Resolution tabled. The Mayor called a recess of Council at 10:15 P.M. Council reconvened at 10:25 P.M. Upon the call of the roll, the following Councilmen were present: 531 532 Minutes of June 5, 1967 Councilmen Parkinson, Rice, Hanson, Ludwig, Kreiling, Fullerton, Allen. The Mayor declared a quorum present. Mayor Allen appointed Councilmen Parkinson, Ludwig, and Kreiling to a committee to consider the annexation of the petitioning area. Mayor Allen stated that Councilman Parkinson would serve as chairman. City Manager Dial presented a bid tabulation on the bids opened June 1, 1967 for sprinkler installation and seeding at Bates-Logan Park. City Manager Dial stated that the following three bids had been received. BIDDER (a) Denver Lawn Sprinkler (b) Kesson & Sons (c) Howard Jury Company TOTAL BID $20,720.00 20,865.96 22,905.00 City Manager Dial stated that he had received a memorandum from the Parks and Recreation Director and the Director of Finance recommending that the award be made to the Denver Lawn Sprinkler Company contingent upon the approval of the Department of Housing and Urban Development. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT DENVER LAWN SPRINKLER COMPANY WITH A TOTAL BID OF $20,720.00 BE AWARDED THE CONTRACT FOR SPRINKLER INSTALLATION AND SEEDING OF BATES-LOGAN CONTINGENT UPON THE APPROVAL OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. The minutes of the Water and Sewer Board meeting of May 16, 1967, with (1) a memorandum reconunending that the City receive title to the mains and facilities of the Scenic View Water and Sanitation District, and (2) a memorandum recommend- ing the amounts of assessments for sewer and water taps for Bates-Logan Park were received for the record by the City Council. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD CONCERNING SEWER AND WATER TAPS FOR BATES-LOGAN PARK BE ACCEPTED AND THAT THE CITY ATTORNEY AND CITY MANAGER BE AUTHORIZED TO EXPLORE THE POSSIBILITY OF RECOVERING THE WATER AND SEWER TAP ASSESSMENT COSTS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Ludwig, Kreiling, Fullerton, Allen, Parkinson Nays: Councilman Rice Absent: None The Mayor dec·lared the motion carried. COUNCILMAN · FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE MEMO- RANDUM FROM THE WATER AND SEWER BOARD RECOMMENDING THAT THE CITY RECEIVE TITLE TO THE MAINS }\ND FACILITIES OF THE SCENIC VIEW WATER AND SANITATION DISTRICT BE ACCEPTED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE ANY DOCUMENTS NECESSARY THERETO. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Fullerton, Kreiling, Allen Nays: None Absent: None The Mayor declared the motion carried. I I I I I I I I Minutes of June 5, 1967 The minutes of the Public Library Board meeting of May 9, 1967, were re- ceived for the record by the City Council. The minutes of the Board of Adjustment and Appeals special meeting of April 18, 1967, were received for the record by the City Council. The minutes of the Board of Adjustment and Appeals special meeting of April 27, 1967, were received for the record by the City Council. The minutes of the Board of Career Service Conunissioners meeting of May 18, 1967, were received for the record by the City Council. The minutes of the Parks and Recreation Commission meeting of June 1, 1967, were received for the record by the City Council. A memorandum from the City Manager regarding the selection of an auditor for the year 1967 was received for the record. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE FIRM OF LESLIE E. WHITTEMORE & COMPANY BE RE-APPOINTED AS CITY AUDITORS FOR THE FISCAL YEAR OF 1967. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 9, SERIES OF 1967 AN ORDINANCE AMENDING ORDINANCE NO. 14, SERIES OF 1963 TO CLARIFY THE BOUNDARY OF COUNCIL DISTRICT NO. 4 and DECLARING AN EMERGENCY. COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 9, SERIES OF 1967 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 Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 10, SERIES OF 1967 AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO PROVIDE FOR OBTAINING A PERMIT AND REGULATION OF ·HOUSE MOVERS. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED ~ THAT ~ORDINANCE NO. 10, SERIES OF 1967 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: councilman Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton Allen Nays: None Absent: None The Mayor declared the motion carried. 534 Minutes of June 5, 1967 BY AUTHORITY ORDINANCE NO. 11, SERIES OF 1967 AN ORDINANCE AMENDING ORDINANCE NO. 24, SERIES OF 1966 AND CODIFYING THE SAME AS SECTION 17.16 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, RELATING TO BUSINESS AND OCCUPATIONAL LICENSES, AND DECLARING AN EMERGENCY. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE 11, SERIES OF 1967 BE PASSED ON SECOND AND FINAL IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. vote resulted as follows: SECONDED, THAT ORDINANCE NO. READING AND ORDERED PUBLISHED Upon the call of the roll, the Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 12, SERIES OF 1967 AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT-CLAIM DEED TO WELLSHIRE DEVELOPMENT, INC., TO CONVEY THE CITY'S INTEREST IN AN EXIST- ING EASEMENT UPON THE ACCEPTANCE AND FILING OF A PLAT TO BE KNOWN AS KENT VILLAGE, SECOND FILING AND DECLARING AN EMERGENCY. COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 12, SERIES OF 1967, 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 Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion .carried. Introduced by Councilman Kreiling A BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY ADDING THERETO NEW SECTIONS 25.5-5 AND 25.5-6 WO PROHIBIT UNAUTHOR- IZED PARKING OF MOTOR VEHICLES UPON PRIVATE PROPERTY. BE IT ORDAINED BY -THE CITY 'COUNCIL OF THE "CITY 'OF ~ENGLEWOOD, COLORADO as follows: Chapter 25 of the Municipal Code of the City of Englewood, as amended, is hereby amended to add thereto new Sections 25.5-5 and 125.5-6, which shall read as follows, to wit: 11 25.5-5. Parking of motor vehicles on private property. It shall be unlawful for any person to park, or to stand, a vehicle, whether occupied or not, otherwise than temporarily for the pur- pose of, and while actually engaged in, loading or unloading, in a private driveway, or on private property without the express or implied consent of the owner or person in lawful possession of such driveway or property. " 25.5-6. Parking of motor vehicles in private parking lots. Where private property, or a portion thereof, is devoted to the purpose of the parking of motor vehicles, and where the owner, or other authorized person, has established parking restrictions on said property, which restrictions are prominently posted so as to give notice thereof, it shall be unlawful for any person to park or to stand a vehicle, whether occupied or not, in vio- lation of the parking restrictions so posted." Introduced and passed on first reading by the City Council of the City of Englewood, Colorado, at its regular meeting on the 5th day of June, 1967, and ordered published in the Englewood Herald and Enterprise. Mayor I I I I • I I I I Minutes of June 5, 1967 COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THA~ THE BILL FOR AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE 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, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. RESOLUTION NO. 22, SERIES OF 1967 A RESOLUTION AMENDING RESOLUTION NO. 19, SERIES OF 1967, RELATING TO APPROVAL OF A HOTEL AND RESTAURANT LIQUOR LICENSE. WHEREAS, Council has heretofor adopted Resolution No. 19, Series of 1967, which purported to approve the application of Edward T. Cart- wright for a hotel and restaurant liquor license, and, WHEREAS, the application was in the name of Cartwright's Et Cetera, Inc., a Colorado corporation wholly owned by the said Edward T. Cartwright, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD AS FOLLOWS: 1. That the said Resolution No. 19, Series of 1967, is hereby amended by the substitution of the name "Cartwright's Et Cetera, Inc." as the applicant for the name "Edward T. Cartwright", but said resolution is otherwise hereby fully confirmed and ratified. Attest: COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 22, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. RESOLUTION NO. 23, SERIES OF 1967 A RESOLUTION AUTHORIZING THE ENGAGING OF A FINANCIAL CONSULTANT AND AGENT FOR THE PURPOSE OF EXECUTING AN AGREEMENT WITH , A PROPOSED NON- PROFIT CORPORATION. WHEREAS, the City of Englewood did, by virtue of the passage of People's Ordinance No. 3, Series of 1964, execute a lease agree- ment, whereby the City leased a certain parcel of realty, together with the improvements thereon, for a period of thirty-three (33) years, terminating on January l, 1968, at and for a total rental payment for said term of approximately Two Million, Five Hundred Eight Thousand Dollars ($2,508,000.00), which realty and improve- ments is now in use as the City's City Hall, and WHEREAS, said lease agreement gave to the City the right and option to purchase said realty, and improvements, in accordance with the terms and provisions of said agreement, and WHEREAS, it has been reconanended to Council that a non-profit corporation be formed to acquire title to said realty and improve- ments and that the City enter into a lease agreement with said 535 536 Minutes of June 5, 1967 corporation containing provisions which would authorize the City to acquire title thereto at the end of a fifteen (15) year period, and, WHEREAS, this reconanendation, if followed, would result in the City acquiring title to said realty and improvements at a cost of approximately One Million Three Hundred Seventy Thousand Dollars · ($1,370,000.00), and, WHEREAS, the firm of Bosworth, Sullivan and Company, Inc., a member of the New York Stock Exchange, has offered to act as financial consultant and fiscal agent for the City and the proposed non-profit corporation, in accordance with the terms and provisions of that letter of May 24th, 1967, a copy of which is attached hereto, and WHEREAS, it is in the financial interest of the City and its taxpayers to effect the savings that such a proposal would bring, NOW, THEREFORE, BE IT RESOLVED as follows: 1. That the Mayor and City Clerk are hereby authorized and directed to accept, on behalf of the City, the proposal of the firm of Bosworth, Sullivan and Company, Inc., as outlined in its letter of May 24, 1967. 2. That said firm be, and is hereby, authorized to engage the services of the firm of Tallmadge, Tallmadge, Willson and Lamm, to render to the City and the said proposed non-profit corporation all necessary legal services to accomplish the purposes of said proposal in accordance with the provisions of said letter of May 24, 1967. Mayor Attest: COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 23, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. RESOLUTION NO. 24, SERIES OF 1967 A RESOLUTION AMENDING RESOLUTION NO. 8, SERIES OF 1967, AND APPROVING REVISED FIXED RELOCATION PAYMENTS SCHEDULE. WHEREAS, this Council did, on the 20th day of March, 1967, duly adopt Resolution No.8, Series of 1967, which resolution approved a Fixed Relocation Payments Schedule for payment of re- location allowances, pursuant to the rules and regulations of the Federal Government, and, WHEREAS, the schedule therein approved incorrectly set the proposed fixed amount of relocation payments, which schedule has been corrected on the schedule attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, as follows: 1. Resolution No. 8, Series of 1967, is hereby amended by the substitution of the schedules attached to this resolution for the schedules attached to said Resolution No. 8. 2. In all other respects, the provisions of Resolution No. 8, Series of 1967, are hereby fully confirmed and ratified. I I I I I I I I Minutes of June 5, 1967 Attest: COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 24, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Introduced by Councilman Rice A BILL FOR AN ORDINANCE APPROVING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MANLEY, INC., RELATING TO A CONCESSION STAND TO BE LOCATED AT BELLEVIEW PARK AND DECLARING AN EMERGENCY. WHEREAS, the City Council did, at its regular meeting on Monday, April 17, 1967, authorize and direct the Mayor and City Clerk to execute, on behalf of the City, an agreement with Manley, Inc., whereby Manley, Inc., and the City would cooperatively operate a concession stand in Belleview Park, and WHEREAS, due to the nature of said agreement it was impossible to obtain written bids therefor and Council did assure itself that it was in the best interests of the City to enter into such an agreement, and WHEREAS, the Mayor and City Clerk did, on or about the 29th day of May, 1967, execute such an agreement, an executed copy of which is presently on file in the Office of the Director of Finance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO as follows: Section 1. Pursuant to the provisions of Ar ticle X, Section 116, of the Charter of the City of Englewood, the execution of that agreement hereinabove described is hereby fully approved, confirmed and ratified. Section 2. In view of the fact that construction has already conunenced under said agreement, City Council hereby finds and declares that the immediate passage of this ordinance is needed to preserve the public health, safety or welfare, by reason of which this ordinance shall take effect immediately upon its final passage. Introduced, read in full, passed on first reading and unani- mously approved by a quorum present at the regular meeting of City Council of the City of Englewood, Colorado held on Monday, the 5th day of June, 1967, and ordered published in the Englewood Herald and Enterprise. 'I ,•, . L~~~H · ayor 537 538 Minutes of June 5, 1967 COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE BILL FOR AN ORDINANCE APPROVING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MANLEY, INC. BE APPROVED ON FIRST READING AND COPIES IN FULL IN THE OFFICIAL MINUTES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Fullerton, Kreiling, Allen Nays: None Absent: None The Mayor declared the motion carried. City Attorney Criswell stated that the City of Englewood had been sued by Mr. M. M. Smners, 3140 South Delaware, for issuing a three-way liquor license to Andri Nagy, dba Golden Fiddle, 3370 South Acoma. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THIS LITIGATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Rice, Parkinson, Ludwig, Fullerton, Allen Nays: Councilmen Kreiling, Hanson Absent: None The Mayor declared the motion carried. RESOLUTION NO. 25, SERIES OF 1967 A RESOLUTION AUTHORIZING REPLACEMENT OF INADEQUATE WATER LINES. WHEREAS, 18.7-1 (b) of the Municipal Code of the City of Englewood provides that City Council may construct a water main of sufficient size to serve an area served by an inadequate line when, in Council's opinion, the present line is causing an undue hardship upon the users thereof, or the City: and, WHEREAS, City Council has, and does hereby, determine that the lines presently existing in the streets hereinbelow enumerated are in- adequate and are causing undue hardships thereby upon the users thereof and upon the City, NOW, THEREFORE, BE IT RESOLVED, that all service connections to the present lines in the following locations be changed over to adequate city mains at once, that charges therefor be made in accordance with the schedules established by City Council by resolution dated July 2, 1956, and that the same be collected by the Utilities Department of the City: 2700 Block on South Acoma Street 3100 Block on South Acoma Street 3100 Block on South Bannock Street 3200 Block on South Bannock Street 3400 Block on South Bannock Street 3100 Block on South Cherokee Street 3200 Block on South Cherokee Street 3000 Block on South Lincoln Street ~ 7 Mayor COUNCILMAN FULLERTON MOVED, CX>UNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 25, SERIES OF 1967, BE ADOPTED AND ~PPROVED. Upon the call of the roll, the vote resulted as follows: • I I I I I I I I Minutes of June 5, 1967 Ayes: Councilmen Rice,Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None .. . . The Mayor declared the motion carried. City Attorney Criswell reported that the hearing has been set on the Atchison Ranch litigation for June 29, 1967. City Manager Dial stated that the State Highway Department has approved, in general, a plan regarding the realighnment of the railroad crossing at West Tufts Avenue and South. Santa Fe Drive to West Union Avenue and South Santa Fe Drive. Mr. Dial stated that the City needs right-of-way fran Mr. Tuttle at the corner of Pecos Street and West Union Avenue extended in order to accomplish this realignment. City Manager Dial inquired whether council desired to proceed with acquisition of Mr. Tuttle's property although the Railroad and the Public Utility Connnission had not given their final approval. Mr. Dial stated that Arapahoe County is to bear one half of the cost. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY COUNCIL INDICATE TO ARAPAHOE COUNTY COMMISSIONERS THAT IT IS WILLING TO SHARE 50% OF THE ACQUISITION PRICE OF THE TUTTLE PROPERTY AT THE CORNER OF PECOS STREET AND WEST UNION AVENUE EXTENDBD IN CONNECTION WITH THE RE- ALIGNMENT OF WEST UNION AVENUE CROSSING: PROVIDED THAT THE COST OF THE PROPERTY DOES NOT EXCEED THE APPRAISED VALUE BY MORE THAN 10%: AND FURTHER THAT THE CITY OF ENGLEWOOD IS AUTHORIZED TO NEGOTIATE FOR SAID PROPERTY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. Introduced by Councilman Parkinson A BILL FOR AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, A PERMIT TO CONSTRUCT AND MAINTAIN A SANITARY SEWER IN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Upon the conditions hereinafter set forth there is hereby granted to the City and county of Denver, a municipal corporation of the State of Colorado, sometimes hereinafter referred to as "Denver", a permit to con- struct, operate and maintain a sanitary sewer under and across certain here- inafter described dedicated roads, streets and property in the City of Englewood, Colorado, sometimes referred to as "Englewood", to wit: 1. 2. 3. 4. 5. South Zuni South Zuni Place: South Zuni South Zuni West Evans Street: Street between Street between Street between Street between Avenue between Dartmouth and Cornell: West Bates Avenue and West Hillside West Bates Avenue and West Wesley Avenue: West Iliff Avenue and West Evans Avenue: South Zuni Street and South Vallejo 7. South Tejon Street from West Vassar Avenue South approximately (250 feet). Section 2. Upon the same conditions heretofore referred to, there is hereby granted to Denver, a permit to construct, operate and maintain a sanitary sewer under and across the following easements owned by and located in the City of Englewood, to wit: ·. A twenty foot (20') easement ten feet (10') either side of and parallel to a center line described as follows: Commencing at the SW corner of the SE ~ of the SW ~ of Sec. 28, T4S, R68W of the 6th P.M.: thence East thirty feet (30'): thence Northerly along and parallel to the West line of said SE ~ of the SW ~ a distance of five hundred forty one and seventeen hundredths feet (541.17') to the true point of beginning: thence on an angle to the right of 92 40' 29" a distance of five hundred fifteen and twenty seven hundredths feet (515.27'): thence on an angle to the right of 19 19' 31", a distance of one hundred twenty-four and thirty- two hundredths feet (124.32'): thence on an angle to the left 539 540 Minutes of June 5, 1967 of 6 59' 55", a ·distaflce of 348.6': thence on an angle to the right of 12 58' 34" a distance of 351' more or less to the North- westerly right-of-way line of the C & S Railroad. A strip 24' in width across a part of the SE ~ of the SW ~ of Section 28, T4S, R68W, lying Westerly from~ adjacent to and parallel with the present Westerly right-of-way line of the Colorado & Southern Railway Co. (Sheridan Branch), and extending Northeasterly and Northerly from the South line to the East line of said Southeast Quarter of the Southwest ~ of Section 28, T4S, R68W, all within the City of Englewood, Ar apahoe county, Colorado; Section 3. As concerns the permit granted to use that property described in Section 2 above, it is clearly understood that Englewood holds only easements on the property, that it does not in any way, warrant that it has the right or authority to grant the aforementioned permit and that Denver will hold Englewood harmless for any liability whatsoever that may arise out of the granting of such permit. Section 4. The foregoing permit is granted only upon the following ex- press terms and conditions, to wit: A. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved, and the least possible obstruction to travel in and along such streets or avenues. B. Denver shall take all possible precautions to prevent accidents and injuries in connection with any of its work in Englewood. c. In no event, during the process of construction and laying of said sanitary sewer or in the maintenance thereof shall any public or private street, alley or right-of-way be obstructed to travel in a con- tinuous period of more than four (4) days. D. During the construction, maintenance, repair and operation of said sanitary sewer, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of Englewood, any pipe , materials or equipment used in construction or maintenance of said sewer in a period of more than two (t) weeks at any one location before being put to use. E. Should it become necessary for Denver, during the course of work, to disconnect any house service lines from any lines presently in place, Denver shall cause the same to be done in such a manner as to cause the least possible delay and inconvenience to the users thereof, ~nd the interruptions in service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such servicelines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of Denver. F. The construction of the above mentioned sewer shall be at all times subject to the inspection of a competent and qualified inspector selected to represent Engle~od during the construction and replacement operation. Denver agrees to comply with all reasonable requests of said inspector and to pay the actual field cost of said inspector in an amount not to exceed one thousand dollars ($1,000.00). G. Denver will protect any of Englewood's water mains, water service lines ; sanitary sewer mains or sewer service lines thay may encounter during the construction, maintenance, repair and operation of their sanitary sewer and any damage to such lines will be repaired at Denver's expense. H. That where Denver's sewer main crosses under Englewood-'s existing sewer mains or service lines, Denver will replace Englewood's lines with cast iron pipe to a distance of five (5) feet outside the trench excavation. I. That where Denver's sewer main is above and within a distance of ten (10) feet measured diagonally from either a water main or a water service line, Denver will use cast iron pipe for their sewer line. J. Denver will take all possible precautions to protect private property during the aforementioned construction and maintenance. K. Denver will replace any street surfacing, either asphaltic, concrete or gravel to the satisfaction of the City Engineer of Engle- wood, and will guarantee against trench settlement for a period of five (5) years and will repair any trench settlement at its expense. I I I I I I I I Minutes of June 5, 1967 L. As concerns that land described in Section 2 above, if the sur- face of said land is disturbed by Denver in the construction, maintenance, repair, and operation of its sewer lines, Denver will restore the ground to its original condition as nearly as practical, including leveling of the ground. M. Denver will give Englewood notice of the beginning of work at least one week prior to such beginning. N. Denver, its successors and assigns shall at all times save and keep harmless the City of Englewood and its City Council and other officers and employees from any and all damages that may, in any manner, arise from the granting of this permit and the exercise of any rights granted hereunder, provided, however, that Denver, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. Section 5. It is further agreed that in consideration of the granting of this permit Denver will pay to Englewood a sum in the amount of Seven Hundred Dollars ($700) which sum represents approximately one-half of the costs expended by Englewood in obtaining the easements described in Section 2 above. Section 6. Nothing herein shall be construed as granting to Denver any rights other than the permit herein expressly defined and set forth, nor shall anything in this ordinance be construed as granting an ex- clusive privilege to Denver, it being fully understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys, easements and other rights-of-way to others for public and private purposes is fully reserved to Englewood, consistent with the full ex- ercise of the rights granted by this permit. Section 7. A copy of this ordinance, signed by the Mayor and City Clerk- Treasurer of the City of Englewood, Colorado, shall .be sufficient evi- dence of the permit herein granted. The acceptance of this permit by resolution by Denver, a copy of which shall be duly certified to by the Clerk of the City of Englewood, Colorado, and the commencement of work hereunder shall be conclusive evidence of the acceptance by Denver of all the terms and conditions of this ordinance, and Denver agrees to perform such terms and conditions. Section 8. It is expressly understood and agreed that the granting and accaptance of this permit is and shall be without prejudice to any rights or obligations of the City and county of Denver, Colorado, or the City of Englewood, Colorado: or any inhabitants thereof. Introduced, read in full, passed on first reading at the regular meeting of the City Council of the City of Englewood, Colorado, held on Monday, the 5th day of June, 1967, and ordered published in the Englewood Herald and Enterprise. v <:2/kay r eOUllCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE BILL FOR AN ORDINANCE GRANTING TO THE CITY OF DEIJVER A PERMIT TO CONSTRUCT AND MAINTAIN A SANITARY SEWER SYSTEM IN THE CITY OF ENGLEWOOD 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, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manager Dial requested approval for an out-of-State trip for Mr. J. c Maxwell, a member of the Library Board, to attend the American 541 542 Minutes of June 5, 1967 Library Association Conference in San Francisco,.California June 26-28, 1967. Mr. Dial stated that the cost of the trip7sestimated at $250.00 which is budge~ed. COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE OUT-OF- STATE TRIP FOR MR. J. C. MAXWELL TO SAN FRANCISCO TO ATTEND THE AMERICAN LIBRARY ASSOCIATION CONFERENCE JUNE 26-28, 1967, IN THE AMOUNT OF $256 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen. Nays: None .Absent: None The Mayor declared the motion carried. City Council discussed the possibility of joining the "National League of Cities" and authorization of City Council members to attend the annual National League of Cities Convention in Boston, Massachusetts. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY OF ENGLEWOOD BE IU'l'HORIZED TO JOIN THE NATIONAL LEAGUE OF CITIES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Fullerton, Allen. Nays: Councilmen Hanson, Kreiling .Absent: None The Mayor declared the motion carried. councilman Fullerton stated that he had discussed with Mr. Richard Eason the possibility of continuation on the Board of Career Service Camnissioners. Mr. Fullerton stated that Mr. Eason would not object to stepping down. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT MR. H. REECE BRAUN BE APPOINTED TO A NEW TERM OF 6 YEARS ON THE BOARD OF CAREER SERVICE COMMISSIONERS. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manag~r Dial presented to council a memorandum discussing appropriations in the Public Improvement Fund. City Council discussed the feasi~ility of purchasing an Aerial Ladder Fire Truck. City Manager Dial read fran a letter from Mrs. c. A. Matson, 1330 East Amherst, requesting that the City of Englewood take action in banning topless entertainment. It was the consensus of Council that the letter be given to councilman Parkinson whose committee was studying a Bill for an Ordinance concerning same. City Manager Dial read from a letter from Mrs. Maxine Stanley, 2310 West Harvard, and Mrs. Louis Perry, 2349 West Harvard. The letter stated that Mrs. Stanley and Mrs. Perry had heard rumors that the area in which they lived would be changed to industrial zoning. They asked that the City appoint a committee on aesthetics and would like to talk with members of the City council regarding this. City Manager Dial stated that he had received a request from Mr. Dick Simon, attorney representing Mountain States Video, to attend the next Council meeting to make a 40 minute presentation on cable television. It was the consensus of Council that Mr. Simon be allowed to make this presentation at the next Council meeting. I I I I I I I I Minutes of June 5, 1967 COUNCILMAN UCE .: . MOVED, COUNCILMAN 'JLtJDWTG N SECONDED, THAT TH£ llAYOR ·ARD ONB .DCDSRC!rEMAN BE AUTHORIZED TO ATTEND THE NATIONAL LEAGUE OF CITIES IN BOSTON, MASSACHUSETTS, JULY 20 TO AUGUST 8, 1967, Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton. Nays: Councilman Kreiling Abstained: Mayor Allen The Mayor declared the motion carried. councilman•Ludwig stated that Mr. Frank Dall of the Englewood Glass Canpany, 75 West Hampden, should be added to the list of people who have volunteered to serve on the various City boards and commissions. Mr. Lud- wig also stated that he had talked with a Mrs. Mason on the 2900 block of South Corona. Mrs. Mason's neighbor is building a sheet iron fence between their property which is very unattractive. Councilman Ludwig asked the City to investigate to see if the construction of this fence is a violation of the City Code. Councilman Fullerton stated that he felt the City Council should take action to inform people constructing new dwellings that incinerators will be banned in Arapahoe County on January l, 1968. City Manager Dial stated that he would have the Building Department advise people taking out a permit of this fact. COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Kreiling, Fullerton, Allen Nays: None Absent: None The Mayor declared the meeting adjourned at 12:25 A.M.