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Home My WebLink About1967-07-13 (Regular) Meeting Minutes552 f . ' REGULAR MEETING1 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 3, 1967 ·p ''I The City Council of the City of Englewood, Arapahoe County, Colorado, met in regul~r session on Monday, July 3, 1967, at the hour of 8:00 P.M. Mayor Allen, presiding, called the meeting to order and the invocation was given by Mr. Stanley H Dial, City Manag·er ~ The Mayor asked for roll call. Upon the call of the roll, the following persons were present: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Also Present: City Manager Dial City Attorney Criswell City Clerk Lyon Absent: Councilman Rice, Ludwig The Mayor declared a quorum present. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL ON JUNE 5, 1967 AND JUNE 19, 1967 BE APPROVED AS READ. Upoh ' the call of ' the · roll, ''the vot:e '' resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Nays: None Absent: Councilman Rice, Ludwig The Mayor declared the motion carried. Mayor:.-Allen .recoqnized .. the following "Special Citizen Invitees" and welcaned them to the council Meetings Mr. & Mrs. George Johnston, 2401 South Pecos Street M • & Mrs. John P. Leslie, 3101 South Pennsylvania Street Mr. & Mrs. W. D. Nisbet, 2961 South Franklin Mr. & Mrs. Selwyn G. Hewitt, 4915 South Pearl Street Ma yor Allen recognized Chief of Police Clasby and Detective Ronald Frazier. Mr. Clasby and Mr. Frazier displayed marijuana plants found on the 2700 block south between Tejon and Zuni Streets in the City of Englewood. The City Council discussed the growth of marijuana in the area with Chief Clasby and Detective Frazier. The minutes of the Planning and Zoning Commission special meeting of May 24, 1967 were received for the record by the City Council. A memorandum reconnending that the portion of South Pennsylvania Street in the Bates-Logan Park and the portion of South Galapago Street in Dartmouth Park be vacated was received for the record by the City Council. It was the consensus of the City Council that the City Attorney be instructed to prepare an ordinance accomplishing said vacations. A memorandum from the Planning and Zoning Camnission recommending that the zoning of the area known as the KLZ site be changed fran R-1-A to R-3-A was received for the record by the City Council. Mrs. D. Andrews Romans, Planning and Traffic Director appeared before the City Council and called its attention to the following items which were transmitted with the memorandum. 1. The application for rezoning of the tract commonly referred to as the KLZ site, which was filed by J. J. Carey on April 5, 1967. 2. The Notice of Hearing which was published in the official City newspaper, the Englewood Herald, on April 13, 1967. 3. The minutes of the Public Hearing before the City Planning and Zoning camnission on May 3, 1967. 4. The 8lanning and Traffic Director's report and summary of said Public Hearing dated June 21, 1967. I I I I I I I I Minutes of July 3, 1967 5. A copy of paqe 3 of the December 14, 1965 minutes of the Arapahoe county Planninq Commission which sets forth action concerning the zoning of a parcel of land which is in the County, and which abuts the subject site on the east. 6. A copy of proceedings before the Arapahoe County Canmissioners on the 14th day of February, 1966, which action rezoned the parcel referred to in Item No. 5. 7. A copy of Section 9 (a), Ordinance No. 7, Series of 1956, as amended, of the Cherry Hills Village Zoninq Resolution. 8. Copies of letters and memorandums concerning rezoning application from various City Departments and utility companies. 9. A graph from a land use study showinq the ,percent of the area which is zoned for multi-family use that is developed as such, and a map showing the approximate location of the multi-family development within the City. 10. A copy of the recommendation of the City Planning and Zoning Commission upon this application. It was the consensus of City Council that the City Attorney be in- structed to prepare, for consideration, a bill for an ordinance approving the rezoning, and that at the meeting which the bill for an ordinance is introduced, a public hearing before the City Council be set. City Clerk Lyon stated that he wished to present two additional items of information to the City Council, said items being two ,petitions signed by those in attendance at the Englewood Planning and Zoning Commission meeting of May 3 , 1967 protestinq the rezoninq of the KLZ tract from R-1-A to R-3-A. ..-'. The minutes of the Water and Sewer Board meeting of·· June 20, 1967 were received for the record by the City council.-·J:.t:w.s ~ noted . that-: fcur memor- anda were attached. ,,._ COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RECOMMENDATION FROM THE WATER & SEWER BOARD 'l'HAT AN BXTEllSI011 OF THE CONNEC- TOR'S AGREEMENT OF THE CHERRY HILLS SANITATION ASSOCIATIOB BB ACCEPTED _AND THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Nays: None Absent: Councilmen Rice, Ludwig The Mayor declared the motion carried. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKXNSON SECONDED, THA_T THE RECOMMENDATION FROM THE WATER & SEWER BOARD THAT A BILL OF SALE AND DEED OF SOUTH ARAPAHOE SANITATION DISTRICT FOR THE SANITARY SEWER TRUNK LINE FROM MANSFIELD AVENUE NORTH TO THE SEWAGE TREATMENT PLANT BE ACCEPTED AND THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreilinq, Parkinson, Allen Nays: None " .. Absent: Councilmen Rice, Ludwig ·-.. ·-·::.. .. .. ' ..._ . . The Mayor declared the motion carried. The memorandum from the Water & Sewer Board reconmending adoption of a proposed amending ordinance pertaining to ownership of water mains outside the City limits was received for the record by the City Council. Introduced as a Bill by councilman Fullerton, A BILL FOR AN ORDINANCE AMENDING SECTIONS 8.8-1 AND 8.8-3 (c) (2) OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, WITH REFERENCE TO OWNERSHIP OF ' 554 Minutes of July 3, 1967 MAINS OUTSIDE CITY LIMITS AND REDEFINING ENTITIES WITH WHOM THE CITY WILL CONTRACT UNDER DISTRIBUTOR'S CONTRACTS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADOi Section 1. Section 8.8-1 of the Municipal Code of the City of Engle- wood, Colorado, is hereby amended to read as follows: "8.8-1 Ownership of Lines. The individual service or distribution of water outside the City that originates in the system of the City shall be by pipes, mains or service line and appurtenances installed by the individual or distributor, and the City shall assume no obligation for costs of construction thereof, even though the City shall require, under a Distributor's Contract, that title to mains be conveyed to the Cityr all service shall be connected under the same provisions as may be required by the City for connections within its corporate limiter all water served outside the corporate limits of the City shall be metered at each individual service, or as provided for under a Distributor's Contract, the charges for service to be computed from rates as established from time to time by resolution of the City Council. Section 2. Section 8.8-3 (c) (2) of the Municipal Code of the City of Englewood, Colorado, is hereby amended to read as follow~:, " 8 • 8-3 ( c ) ( 2 ) , Service will be provided under a Distributor's Contract. ··such contracts may be made with municipalities or quasi-municipal corporations (water districts), non-profit water users associ- ations or such other legal entities as may be recommended by the Water and Sewer Board and ap.proved by the City Council. The City may, in its discretion, provide service under prelim- inary agreements with any person or corporation, prior to the formation of any of the foregoing legal entities satisfactory to the City, for a period of time as fixed by the City councilr at the expiration of such period, the preliminary agreement shall expire and, at time of expiration or prior thl!reto,'a distributor's contract must have been entered into between the City and such approved legal entity. The City may require execution of a distributor's contract at the time of execution of the preliminary agreement and, in such event, said distributor's contract must be assigned and transferred to the approved legal entity on or before the expiration of the preliminary a.greement or such distributor's contract shall be automatically null and void at expiration of such preliminary agreement." Introduced, read in full, passed on first reading and unanimously approved by a quormn present at the regular meeting of city council of_ the City of Englewood, Colorado, held on Monday, the 3rd day of July, 1967 and ordered published in the Englewood Herald and Enterprise. Attest: COUNCILMAN FULLERTON MOVED, CDUNCILMAN HANSON SECONDED, THAT THE BILL FOR AN ORDINANCE AMENDING SECTIONS 8.8-1 AND 8.8-3 (c) (2) OF '!'HE 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 Fullerton, Hanson, Kreiling, Parkinson, Allen Nays: None Absents councilmen Rice, Ludwig The Mayor declared the motion carried. I I I I I I I I Minutes of July 3, 1967 COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE REC<>tMENDATION OF THE WATER & SEWER BOARD CONCERNING THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SCHOOL DISTRICT NO. 6, ARAPAHOE COUNTY, COLORADO, FOR SEWAGE TREATMENT SERVICE FOR ROBERT GODDARD JUNIOR HIGH SCHOOL AND AN AGREEMENT BETWEEN THE CITY, THE VALLEY SANITATION DISTRICT AND SCHOOL DrSTRICT NO. 6 PROVIDING FOR THE CONNECTION AND USE OF THE VALLEY SANITATION DISTRICT'S TRUNK LINE BE ACCEPTED AND THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Nays: None Absent: Councilmen Rice, Ludwig The Mayor declared the motion carried. A memorandum recommending a special meeting between the City council, the Water and Sewer Board and Mr. William H. Kilpatrick, consultant to the City on the proposed Gates plant located near McClellan Reservoir was discussed by the City Council. It was the consensus of City Council that the City Manager arrange for the meeting to be held on Monday, July 10, 1967. The minutes of the Parks & Recreation COmmission meeting of June 22, 1967 were received for the record with a memorandum recommend- ing placement of the Parks Department on industrial rates for water and sewer assessments. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RECOMMENDATION OF THE PARKS & RECREATION COMMISSION THAT THE PARKS DEPARTMENT BE PLACED ON INDUSTRIAL RATES FOR WATER AND SEWER ASSESS- MENTS BE REFERRED TO THE WATER AND SEWER BOARD : FOR THEI~-DISCUSSION AND RECOMMENDATION. Upon the call of the roll, t~e vot~ resulted as follows: ,.; J _1 Ayes: Councilmen Fullerton, Hanson, Kreiling, P~rkinson, Allen Nays: None I I Absent: Councilmen Rice, Ludwig The Mayor declared the motion carried. The minutes of the Board of Career Service Commissioners of June 29, 1967 with a memorandum attached reconanending that the proposed Salary Progression Chart be the official grade and salary plan for the City of Englewood effective January 1, 1968 were re- ceived for the record by the City Council. Discussion ensued. COUNCILMAN PARKINSON MOVED, COUNCILMAN -HANSON · SECONDED, THAT THE RECOMMENDATION CONTAINED WITHIN SAID MEMORANDUM .BE . TABLED. , . Upon the call of the roll, the · vote · resulted as · follows~: -, Ayes: Councilmen Fullerton,· Hanson,:. Krei:ling, .Parkinson,_ Allen Nays: None Absent: councilmen Rice, Ludwig ' The Mayor declared the motion carried. A. report of cash Receipts and Disbursements for the Firemen ·• s Pension Fund for the period ending June 30, 1967 was received ·for the record by the City council. ~I . • A report of Cash Receipts and Disbursements ~or the ~olicemen's Pension Fund for the period ending June 30, 1967 was received for the record by the City Council. RESOLUTION NO. 26, SERIES OF 1967 J . A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS, PURSUANT TO THE PRO- VISIONS OP CHAPTER 139, ARTICLE 21,. AS AMENDED, COMMONLY REFERRED TO AS "THE MUNICIPAL ANNEXATION ACT OF 1965" AND ANNOUNCING THE CITY'S INTENT NOT TO ANNEX THE TERRITORY DESCRIBED THEREIN. 555 556 Minutes of July 3, 1967 (Resolution No. 26, Series of 1967, is copied in full in the minutes of June 3, 1967, Page 530.) COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT RESOLUTION NO. 26, SERIES OF 1967 BE ADOPTED AND APPROVED. Upon the call of the cell, the vote resulted as follows: Ayes1 Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Nays: None Absent: councilmen Rice, Ludwig The Mayor declared the motion carried. City Attorney Criswell stated that he had hoped to recommend a settlement on the Ostrousky property at a price of $39,000 without further trial. However, he had discussed the settlement with the Department of Housing and Urban Development and they had stated that they would not con- cur with a settlement in excess of $36,000. Mr. Criswell stated that in light of this statement by HUD, he could not reconanend settlement. Mr. Criswell stated that he had been in court over the past two weeks on three matters: (a) exclusion of certain areas within the City· from existing special districts, (b) the litigation against the City of Engle- wood issuing a liquor license to Andri Nagy, dl!Ja ~he Golden Fiddle and (c) the Atchison Ranch -Martin Company litigation. City Manager Dial reported on the drainage prob~em near-West Kenyon Avenue and South Santa Fe Lane. Mr. Dial sta~ed that itJ~as the 1ntent of the City to push the 70 inch diameter storm -·aew~r ·beneath ~outh -Santa Fe Drive to the Platte River. The cost of this storm sewer is estimated at $200,000. Mr. Dial .stated that an alternate temporary solution would be to run a fifteen inch diameter storm sewer to the State Highway No. 70 Underpass at South Santa Fe. This would cost between $33,000 and $40,000 to build and would not solve the long range problem by handling all the water that drains to the West Kenyon Street and South Santa Fe La~e inter- section. City Engineer Kells Waggoner appeared before City Council and dis- cussed the proposal. It was the consensus of City Council that the City Manager and City Engineer continue investigation of the feasibility of bhe temporary solution. r City Manager Dial stated that when the State had rebuilt County Line Road in the vicinity of McClellan Reservoir, the Highway Department had invited Arapahoe County and Douglas County to pass resolutions not pro- testing the vacation of Old County Line Road and further stating that the counties did not wish to maintain it. After passage of these resolutions, the State Highway Department had passed a standard resolution vacating the portion of county Line Road which had been replaced. Mr. Dial stated that the only access to the north side of McClellan Reservoir is through the Highline Ditch Roads which are property of the Denver Water Board. Mr. Dial stated that Mr. Maurice Fisher who owns property adjacent to McClellan Reservoir has offered to give the City of Englewood a 15 foot access ease- ment provided that the City would construct and maintain a roadway and make certain minor fence repairs on his property. Mr. Dial stated that this easement would not be open to public use. Mr. Dial further stated that the coat of construction and the fence repairs ia estimated at $700. It was the consensus of council that _the problem be discuased with the Water $nd Sewer Advisory Board and the Park~ & Recreation Coanission in the near future. City Manager Dial stated that when he had received notification that the Martin Company wished to exercise its option to purchase the Atchison Ranch property he had received a letter fran a Mr. McLain inquiring whether the City would forego its lease payments during 1967. Mr. Dial stated that he had informed Mr. McLain that the City would waive the lease payments specifically conditioned upon the fact that the Martin Company exercise its option within a reasonable length of time. City Attorney Cr iswell stated that as the matter now stands, the Martin Company cannot be required to pay the lease for 1967. However, should the present litigation be decided in favor of the City of Englewood, some arrangement would be in order for the Martin Company to pay either a proportional amount of the lease for 1967 or interest on the money which would be due the City of Englewood had the property been purchased in March, 1967. I I I I I I I I Minutes of July 3, 1967 City Manager Dial stated that Mrs. D. Andrews R6mans, :p1a·rining ' and Traffic Director, had been requested by· Mr. J. J. Carey of Carey Construc- tion Company, 1501 East Hampden ~ to travel to San Mateo, California to investigate the Woodlake Planned camnunity developnent which is similar to the proposed development to take place at: the '\KLZ slte·• Cit:y ·Manager Dial stated that he felt 'that ' the·:trip• would be· beneficial·, and that the City of Englewood should pay the expense which is estimated at $200. ' r COOBCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT MRS. ROMANS BE AUTHORIZED TO TRAVEL TO SAN MATEO, CALIFORNIA TO INVESTIGATE THE WOODLAKE PLANNED COMMUNITY DEVELOPMENT AND THAT THE EXPENDITURE OF $200 FOR THAT PURPOSE BE AUTHORIZED BY THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Absent: Councilmen Rice, Ludwig Nays: None .} The Mayor declared the motion carried. City Manager Dial stated that he had received a request for an en- croachment of the New Englewood parking structure beneath the west side of street right-of-way in the 3400 block of South Elati Str.eet. This encroach- ment would run about six feet beneath the street and would not be beneath the traveled surface. Mr. Dial stated that presently there is a 24 foot roadway o~ the f i~~t le...yel of :~he center between the east wall and the base- ment of the -J~sli~~~ildinq. ~n ~~der that fire trucks may be able to manuever_ be.neath the ·Center, -i..t .: .. would_. pe necessary that the 30 foot roadway be constructed .... COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON +SECONDED, THAT THE CITY OF ENGLEWOOD ALLOW THE ENCROACHMENT BENEATH THE WEST RIGHT-0~-WAY OF THE 3400 BLOCK OF SOUTH ELATI PROVIDED THAT DURING THE CONSTRUCTION OF SAID ENCROACHMENT THAT THE CLOSING OF THE WEST LANE OF SOUTH ELAT.I BE DONE EXPEDIENTLY FOR A PERIOD NOT TO EXCEED 60 DAYS AND THAT THE SURFACE OF ELATI STREET BE RESTORED BACK TO ITS ORIGINAL CONDITION AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen Nays: None Absent: Councilmen Rice, Ludwig The Mayor declared the motion carried. City Manager Dial stated that he had a film on a snorkel fire truck and an aerial ladder fire truck for presentation to the City Council meeting next Monday, July 10, 1967. City Manager Dial stated that he and Fire Chief Sovern were going to Greeley and Denver Thursday to view aerial ladder and snorkel equipment. City Manaqer Dial stated that he had employed Mr. Robert Mack of Boulder, Colorado as Assistant to the City Manager. Mayor Allen stated that he had received a call on a 4og on South Logan and East Floyd Avenue. Mayor Allen stated that the dog had been a pest for a long length of time to the residents of the area and he felt that some teeth should be put t in the doq leash law. Councilman Hanson inquired as to the status of the Englewood Dam litigation. City Attorney Criswell stated that the case is pending and will probably be tried this fall. He stated that he had assigned the case to Assistant City Attorney Robert Gallagher. Councilman Parkinson reported that the CATV camnittee had met twice and will have one more meeting to discuss general provisions of an ordinance granting a permit for cable television. Mr. Parkinson stated that the council had not received verbal application of Time Life, Inc., although it had received the written application. It was the consensus of Council that Time Life, lnc. be allowed to make a formal presentation on their CATV license application. 557 558 Minutes of July 3, 1967 Councilman ~ullerton requested the City Manager to fqrward .a copy of the written notice that incin~rators would b~ ·banned January l, · .1968: i ·n Arapahoe county beinq distributed to indiv-iduals t ·akinq out. build!ng·:permi ts. councilman Fullerton inquired about the f~nce l~ated at 2950 SQutn .. Corona upon which Councilman Ludwlq had rec~i~e~ a complaint. Qijy Manager Dial reported that the fence is within the legal height, and the material meets all specifications except the fence itself is unsightly. He stated that the Building Departmen~ h~s ordered it ~o .ba r~epai~~e~. • I I COUNCILMAN FULLERTON MOVED, COUNCILMAN. ~_SON S~9NDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: .. Ayes: Gouncilmen Fullerton, ~anson, Kreiling, Par~i~~qn ~:Allen Nays: None .. ,. . Absent: Councilmen Rice, Ludwig The Mayor declared the meeting adjourneq .at 10~3~ ~.M. '.l · ... \I I '". " ' .... • r . I ' .} . . ' . ! ... . -·. ~ ,, . ; 1) ... : .. . . : ~ . J ••• .. , ... . ' . ' . • .. , I' I I • I I I