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Home My WebLink About1964-06-01 (Regular) Meeting Minutes428 COURCIL CllAllDU CITY OP DGLBWOOD, CX>LOaADO RllB 1, 1964 RBGULIUl DBTI•Gs 'fh• City council of th• City of Bngl.wood, Arapahoe county, COlorado, met in r9C)Ular ••••ion on Monday, June 1, 1964, in th• council ChUlb•r•, City Ball, BncJl9WOOd, at the hour of 8100 P.M. Mayor Love preaiding called the meeting to order and th• invocation waa given by Jteverend Marvin Ad ... of the .... nuel Methodi•t Church. 'I'll• Mayor aaked for roll call. Upon the call of th• roll, the following per- .on• were pre•ents COuncilmen1 Allen, Braun, Fullerton, Ban•on, 1Creilin9, Rice, Love. Al•o Preaents City Manager Dial, Adaini•trative Aaaiatant Malone, City Clerk Beauaang. Ab•ents City Attorney Bach. 'fbe Mayor declared a quorum preaent. 641-2 comSIDBltA'l'IO• OP MIRUTBS OP PRBVIOUS JIBB'l'IllGS CX>UllCILllAll RICB MOVSD, COUllCIIltAR llAllSO• SBCX>llDBD, 'l'llAT TBB MillU'l'BS OP TBB CX>UllCXL JIBftDG OP MAY 4'1'11, MAY 2S'l'B, MAY 27'1'11, 1964, BB APPROVBD AS WRiftD A10) lflK>S• OP MAY 18, 1964 BB APPROVBD AS CORRBC'l'BD. Upon th• call of the roll, th• vote reaulted aa followas Aye•1 councilmen Rice, Kreiling, Ban•on, Fullerton, Braun, Allen, Love. •ay•1 llone. Ab•ent1 Hone. 'l'be Mayor declared th• motion carried. 641-86 RBLATI•G TO ADULT SCHOOL CROSSillG GUARDS ltr. Roy c. Lininger, repreaentatiy•~ of th• mD9lewood Divi•ion of th• Metro- politan Safety council, pr•••nted the Divi•ion'• recouuendation that adult •chool patrol CJU&rd• be eatabli•hed to protect children at certain dan9erou• •chool c .. ••- inva. Be •tated that the c:omaittee had reviewed the probl .. and noted ••v•ral acbool croaaing areaa that were particularly haaardou•, na11ely, tho•• along Bi9hway llo. 70, certain croaainga on Dartmouth Avenue and llaa•field Avenue. Be informed the council that th• comaitt•• had not made a definite recoraendation but would prefer to have th• City throu9h atudi•• prepared by the Traffic Sngineer determine where th• greateat hazard or need for the adult vuard• wa• pr•••nt. Diacu•aion en•ued. (City Attorney B•ch entered at 8115 P.M.) councilman Kreiling inquired aa to the co•t eatiaate of $1,000 per year for a vuard. Dr. Linin9er reported that thia waa baaed on certain average coat• and record• available from national publication•. 'fbe actual co•t will vary with the nUElber of hour• of actual duty that th• patrolman would aerve. B• noted that all the control people would be police directed and trained. 'file Mayor thanked Dr. Lininger for hi• intere•t in th• problema of th• City aDd a••ured him that the City Council would carefully review th• r•qu••t for the adult achool CJUArda. 641-96 ADDSlllUI TO RBPORT OS Cift BVILDI•G PACILI'fIBS Mr. Walter Jorgenaen, Chairman of the Citisena Action Coamittee reported on an Addendua prepared by hi• cOlmllittee to the 1962 report on th• City Building Pacilitiea. Mr. Jorgenaen read th• addendum in full and commented that every atte11pt waa being made in the addendum to brin9 the thinking of the camitt•• up to date, namely, taking into conaideration the fact that with the ahopping develop- llellt on the city park ait• the c. A. lforgren auildinv will be extr ... ly acc•••ibl• and, therefore, waa recoaaended by the cOlllllittee for ••riou• con•ideration by the City Council aa the fir•t choice aolution to th• City'• needa for adequate municipal houaing. 'file Mayor thanked Mr. Jor9enaen and hi• co.aittee for their continued excellent work on behalf of the City and aa•ured him that the City Council would carefully review and weigh information included ;in th• &ddeaclUla pr•••nted. COUllCIUIAN RICB MOaD, COUllCILllAll llAll80• 8S009Dm>, '!BAT Bm ADDDIJUI TO TBB 1962 RBPORT BB RBCBIVBD. Upon th• call of th• roll, the vote r••ulted a• follow•1 I I I 11 ,I I I I Minute• of June 1, 1964 Ayea1 Councilmen Rice, Xreilin9, Ban80n, Fullerton, Braun, Allen, Love. •aya1 llone. Abaenta Rone. 'l'h• Mayor declared the motion carried. 641-87 RBLATillG TO A mR'l'BWBST DJGLBWOOD IllDUIDIAL DSVSLOl'llDlT ••••r•. Barl Tatum, Richard,Ru•••l and Toll Collin•, apoke to the Council about th• propoaed BIMJlewood Induatrial Park Subliviaion. Mr. Tatwa outlined the 9eneral ar-to be aub-divided and the nature of their plan• for th• development. Be •poke apecifically of th• aubdiviaion bond require .. nt aa bein9 quite reatrictiv• a• th• development -y not be completed in ten year• or before 1974. Be acknowled9ed th• r-.on for ••tabliahin9 th• bond, ..-ly, to a••ur• that th• utiliti•• and variou• aanicipal iaprov...nt• were coapleted in th• aubdiviaion and that they readily a~eed to thi• objective bQt did not feel they could.be lillited aa to th• ti .. in which th• aubdiviaion waa to be completed and atr .. t• and utiliti•• in place. Di•- cuaaion -ued. Oouncilaan Rice, M.-ber of the Plaaai1a9 Op• laaion, atated that thi• wa• 9enerally diacuaaed with th• aubdivid•r• and th• wber• of th• eo-i••ion and they noted that th• u•• of a •t•p or phaain9 bond wa• found to be unaatiafactory and anaucc•••ful and that a ain9le bond waa recomended by th• Planninv eo-i••ion • . 'fta• City Manager diatributed a memo relatiq to th• propoaed aubdiviaion and the UIOUnt of bond ••ti.mated to be required. Be read th• applicable aectiona re- latin9 to aubdiviaion bond• in th• Municipal Code to th• Council. Be awmarised that hi• reCOlmllendation waa intended merely to be a 9eneral guide baaed upon the teraa of th• Code. Be diacuaaed the development of the atreet ayat .. in th• northweat Bnglewoocl and indicated that potentially south Raritan, Tejon and Zwii str-t• will be arterial •tr••t•. Be noted that th• propoaed aubdiviaion border• on South Tejon Street and the aubdivider• ,.....s lMi reaponaibl• for one-half of th~ atr .. t and the balance would need to be aaaeaaed againat the owner• to the weat. Diacuaaion enaued. Councilman Braun doubted if the coat of the bond and ita term• could be ••ttled at thia tiae and noted further that thi• it-waa aeheduled for conaideration later on the Agenda. COUllCII.11.Alf BRAUll MOVBD, OOUBCILMAR RI CB SBCOBDBD 1 THAT TBB MA'l"l'BR OP TBB BmLSWOOD IllDUSTRIAL PAD SUBDIVISION BB TABLBD TO ALLOW A STUDY OP '!'BB BOND RBQUIRB- llm&. Mr. Collin• atated that aa aubdividers they had no objection to the bond and •poke of th• difficulty of the phaainq of the development ao that if a buyer wanted to purch••• a tract for which the improvement• were not completed that auch a aale could be .. d• without violating the contract or bond proviaiona. B• expr•••ed doubt if the City could enforce ••l• of ·only improved lota. Diacuaaion enaued. Coancilaan Braun noted th~ the aubdiviaion re911lation• were deaigned baaically for reaidential aubdiviaiona and perhapa the .... proviaiona were not exactly applicable to induatrial aubdiviaiona. Mr. Collin• au99eated that the aubdiviaion plat be approved aubject to working out the detail• of the bondin9. Th• Mayor explained that there would be no advantage in auch approval becau•• the Council only ha• the authority to ••t the bond requirement• and tentative approval could not be ~.. Th• queation waa called for. Upon th• call of the roll, th• vote reaulted •• followaa Ayeas Cowicilmen Rice, Xreilin9, Banaon, Fullerton, Braun, Allen, Love. ••y•a llone. Abaents lion•. 'lb• .. yor declared the aotion carried. 641-U RBLATIRG 'fO PAVING OP DDUSTllIAL AllD Mr. Harold s-paon, Chairman of th• tnduatrial Comaitt•• of th• Challber of CO erce, and Mr. George Goorman were pr•••nt to di•cu•• the propoaed paving of an induatrially developed area between Weat Kenyon and Weat Oxford Avenu••· Be inquired aa to th• iaprov•-nt of South Santa Pe Lan• and learned that where railroad property i• ia.olved that it become• a liability of th• City to pay any a•••• .. ent that ai9ht have been aacl• againat their right-of-way. B• aaked other queatioaa •• to th• Mthod of a••••-nt and waa told that •• long •• th• Mtbod of •••••-.at waa unifora and related to th• benefit ••cured by th• reapectiv• parcel• of land that it would be perai••ible. Diacuaaion enaued. '!'he queation aro•• •• to whether the City would pay for th• paving of the int•r••ctiona. Diacuaaion enaued. 'lb• City Mana9er in- dicated that if the propoaed paving waa undertaken •• well •• a 9enerally reaiden- tial paving that an additional •um would need to be ••t ••id• for th• City'• coat. Council.aan Allen inquired •• to whether that money wuld be available. !be City Mana9er •tated that at thi• point he did not have information •• to revenue• avail- able for next year but that it wa• quite poaaibl• additional tax•• would be required dependent upon the City demand• for expendituea. COuncil-n Kreiling atated that it ha• been th• policy of th• City to ••tabliah a certain •ount of money for th• pavin9 in paving diatricta, which money i• available to ••t th• City coat of tho•• legally petitioned atreet• fir•t then th• council initiated illprov ... nt of other Minute• of June 1, 1964 atr-ta to the amount of money available for thia purpoae. 'fh• Mayor noted that 110at of the matter• involved were that of adminiatrati .. deciaion or referring to previoua induatrial paving to determine any perc .... ce that haa been eatabliahed. 641-89 RBLATIRG TO RBW PDIOmL DIUC!OR Mr. Barry Carleno, Chairllan of the career Service eo-i••ion, introduced Mr. Ra)'llOnd OVerfield, th• new Per.onnel Director. Mr. carleno alao diacuaaed th• intent of th• recommendation that the City Council have a member in attendance at th• Career Service eo...iaaion •-tin9a in order to provide liaaon between th• Coamiaaion and the City Council. Diacaaaion enaued. 641-81 PUBLIC BBAJlillG OR PROPOSBD STRDT VACA'l'IOR COURCIIA.U FULLBRTO• JIOVBD, COUllCIIMAll RICB SSCO•DBD, TBA'l' '1'llB PUBLIC BBARillG BS OPBSD O• 'ftlB YACA'l'IOR OP A POR'l'IOR OP SOU!R LI•COLll S'l'Rm I• TD 3600 BLOCK. Upon th• call of th• roll, th• vote r••ulted aa follow•• . Ayea1 COuncil .. n Rice, Xreiling, Hanaon, Fullerton, Allen, Love. Rayas Rone. Abatainin91 Councilman Braun. Ab••nt1 Rone. !he Mayor declared the motion carried. 'l'h• Mayor inquired aa to how many peraona were preaent on th• hearing. Ten per.on• indicated their intereat. The Mayor aaked if there were anyone preaent to •peak for the vamion. llr. William Biahop, Superintendent of Sc:hoola, preaented a hiatorical background of the land available for u•• in connection with Flood Junior Bi9hachool. Be noted that the plant and nUllber of atudenta attentiav Flood require• nearly twenty acre• of land to be adequately ••rved but that they have only thr .. and a half acrea ail the moat. Be noted that recently eleven home• have been •amuired and the propoaed vacation of a portlela of South Lincoln Street in connection with a carefully developed plan to make full u•• of the land owned by th• achool and provide a minimum diatDtbance to th• nearby reaidenta. Be pr•••nted -P• of th• propoaed vacation and uae of the land. Be noted that all thi• infor- -tion had been pr•••nted to th• Planning co-i•aion at th• ti•• th• School Board preaented it• requeat and it had recommended the vacation of the atr .. t portion. Mr. Walt Jorgenaen, Chairman of the School Board, atated that a atudent load- ing mon• will provide aubatantial aafety by providing a point of arrival and departure for the atudenta at th• eaat aid• of the building. 'l'hi• son• will be located on a portion of the propoaed vacated South Lincoln Street. Be expreaaed the wiah of the School Board that the achool were further north at a 110re adequate ait• but that thi• waa not poaaibl• and th• Board waa endeavoring to utilise all the land poaaibl• in a 110at efficient .. nner. llr. Richard Simon, Attorney for the School Diatrict, referred generally to th• lawa pertaining to achool board• and power• granted to tho•• board• in provid- ing adequaae achool faciliti•• and playground•. Be noted that th• Board• conai- dered judge .. nt cannot be queationed after a full review and deliberation of th• Board. Be noted that th• School Diatr ict ha• a choice in the matt•r that of aakinq for the vacation of the atreet by the City or to condemn the property. Be atated th• School Board would prefer to have the City vacate th• atreet but noted that in the ca•• of providinq adequate achool site for the Maddox School South Buron Street waa taken by the Diatrict. The City Attorney noted that the City may be liable for dama9ea which could occur to property which miqht be damaqed by the vacation of th• atr .. t. Mr. Simon indicated that he felt th• City would not be liable. 'fh• City Attorney aaked if the School could condemn City owned property. Mr. SillOn atated that a achool could. Diacuaaion enaued. 'l'he Mayor aaked if there were anyone preaent to oppoae the vacation. There were five preaent in oppoaition. Mr. John Buah, repreaenting Mr. Bronatein owner of the Tucker Building, aaked to apeak in oppoaition. Be brouqht up the queation •• to whether the Council can vacate the atreet on behalf of the School Diatrict when it ia in uae and there op- poaition to auch vacation. Re auggeated that h• prepare a brief on th• matte•1 and preaent it to th• City Attorney and that Mr. Simon do the •••• en behalf of the School lloard. Mr. Buah then expreaaed hi• objections to the confiacation of the owner'• tlMIU- ,, ity in the Tucker Buildinq a• a reault of atr••t vacation. Re emphaaiaed that an act of a public body could not be to direct benefit of one and diaadvantaqe to an- other without incurrinq the liability for any d ... 9•• which .. Y ari••· Be referred to previoua teatimony made before the City Council in thi• .. tter and auggeated that a traffic count on the uae of Lincoln Street be ••cured before any vacation be made to determine whether the atreet waa neceaaary and the alternate ace••• route would be aufficient. I I !I I I I I I Minute• of June 1, 1964 Mr•. Mary Allen, 3632 South Lincoln Street, al•o a•ked that a traffic count be made a• the road ••rvea the Catron Clinic in addition to the Tucker Building . and that a number of patient• were involved. She •999eated that the School Board condemn the entire block if the Council qo•• ahead. She informed the Council that a real estate agent had told her that her hou•• would •ell for only one-half of previous market if the vacation were allowed. Councilman Braun asked to speak aa a citizen on thi• mat~r. He exprea•ed hi• per•onal concern about student and teacher parking as well aa traffic flow in the area. He stated that presently traffic from the northeast turn• left from the highway onto Sherman Street through the Tucker Building easement to South Lincoln then onto the school property. He •tated this route will be continued to be used. A property owner on South Sherman Street, who•• house ia very close to the propo•ed access road, had received notice of •om• of hi• tenant• that they would move. In rebuttal Mr. Jorgensen stated that if parking were restricted on the ace••• road that thi• road would have greater width than the exi•ting or a normal street. Mra. Kelley, President of the Flood Junior High P-TA apoke in •avor of the vacation a• providing additional safety for the achool children. Mr•~ Eugene Johna, Treasurer of the Flood Junior High P-TA, stated that aha live• directly aero•• Kenyon Street but haa had no loaa of property through damage or annoyance from the children playing. The Mayor asked if there were anyone el•• who wiahed to apeak. There were none. COUBCILMAN ALLBlf MOVED, COUNCIUOUf l"ULLDTOR SBCOllDBD, 'ftlAT THE PUBLIC HBARIBG Bl CLOSBD. Upon the call of the roll, the vote re•ulted aa follows: Ayea: Councilmen Rice, Kreiling, Han80n, rullerton, Allen, Love. •ay•: lfone. Abataining: Councilman Braun. Abaent: Hone. The Mayor declared the motion carried. RECESS The Mayor called a race•• of the Council at 10130 P.M. CALL TO ORDD 'l'he Mayor called the Council to order at 10145 P.M. with the following member• preaent: Councilmen Allen, Braun, rullerton, Kreiling, Rice, Love. Ab•ents Councilman Hanaon. lfbe Mayor declared a quorum preaent. Councilman Kreiling inquired what the City'• re•pon•ibility might be in the caae of auit for damage• in connection with the propo•ed vacation. (Councilman Hanson entered and took hi• seat on the Council at 10:46 P.M.) 'l'he City Attorney expr•••ed the view that the City waa in the middle in thi• .. tter and diacuaaed the problem. He aumaarized by atating that it was hi• opinion that the School Board ahould condemn the land a• it i• the one who will benefit from the condemnation. COURCILMAlf FULLERTON MOVBD, COUNCIIllA1f KRBILillG SBCOllDBD, 'ftlAT THE CITY CX>UllCIL RBPD BACK TO TRB BBGLBWOOD BOARD OF BDUCATIOR 'l'llBIR RBQUBST POR TBB VACATION or A PORTIOIJ or !BB 3600 BLOCK SOU'l'B LINCOLN STRBBT POR DIRBCT ACTIO• o• TBIIR OWll BBBALF. Diacu••ion ensued. Councilman Rice inquired whether traffic count and other •-udiea •hould not be performed. 'l'he City Attiorney atated that these matter• are not the re•pon•ibility of the City and should not take the initiative in this matter becau•• of po••ible liability for damage•. The Mayor noted that there had been too much evidence of potential property damage for him to vote for the vacation. Councilman Ban80n •poke that he was sympathetic to the need• of the School Board but noted that he llU8t al80 act for the citizens of Inglewood and would vote for the motion. The que•tion was called for. Upon the call of the roll, the vote re•ulted a• follow•: Ayes: Councilmen Rice, Kreiling, Han•on, Fullerton, Allen, Love. Ray•: lfone. Minute• of June 1, 1964 Abataining: Councilman Braun. Abaent: None. The Mayor declared the motion carried and •umaariaed that th• over-all plan for development of the land waa not being acted upon or refu•ed it wa• merely that the City felt that it waa not be•t qualified to act on th• vacation of South Lincoln Street on behalf of the School Di•trict and the School wa• better qualified to aecure the land. 641-72 REPORT ON TBLEPRO&E COMPAllY FRAllCRISB Councilman Braun reported on aeveral meeting that he and Councilmen Kreiling and Rice had attended at which time off iciala of th• Telephone Company expre••ed the view that although they are an utility they are not •ubject to a franchi•• a• aet forth in our Charter. Councilman Braun referred to Ordinance Ro. 4, Serie• of 1943, which authorized the Telephone company to enter upon and u•e the •treet• of the City of Englewood and generally included the terminology of a franchi••· Thi• ordinance expired on or about Augu•t 1, 1963. On October 7, 1957, a letter agreement waa entered into which aet the percentage of groaa receipt• that the Telephone Company would pay in lieu of all other tax••· But at the pr•••nt time they are operatJlg without a franchi•• and udder the provi•ion• of the Charter •uch a franchiae cannot be granted without an election and favorable vote of .the people. Mr. Ken John•on, Manager of the Englewood Telephone Office, •tated that in the Company'• opinion the Colorado Statute• had auperaeded the Charter in thi• reqard, therefore, a franchise aa such wa• not nec•••ary. He further pointed out that the coat of an election in Englewood ia approximately $3,000 and aa other home rule citiea have aimilar proviaions in their Charter• several more elections -y be required at a coat substantially greater than that of Englewood. Be stated that th••• coats would have to come from the Telephone users. Be asked why the City ahould add to the coat of service, when th• Company agreed to any and all the term• that may normally be found in the franchise and that a simple agreement in their opinion i• sufficient. The City Attorney reported that the Charter i• extremely clear in thia area and the provision• calling for franchise election• are copied word for word from Article XX of the State Constitution authorizing home rule cities. He •tated that generally where public property ia involved a franchi•• i• granted by the people through public vote while an agreement ia something of not •o broad a scope and may be entered into by the Council. Diacu••ion en•ued. Th• City Attorney •poke for bringing the matter into the court• tor determination whether the Telephone Company i• •ubject to the provi•ion• of the Charter •• to franchi•e or not. Be remarked that if the court determines there ia no franchise necessary that all of the safe-guards of a franchise would be written into an agreement without the coat of conducting an election. Di•cu••ion en•ued. COUBCILMAH BRAU• MOVBD, COUNCILMAN RICB SBCOm>BD, THAT THE CITr ATTORBBY BB DIRBC.'WBD TO BllTBR A DBCL&.RATORY JUDGBMDT AGAI•ST 'IBB MOUllTAIR S'l'ATBS TELEPBOIJB DD TBLBGRAPB COMPAllY RBQUBS'l'IRG '1'IUDt TO PULLPILL 'ftlB PROVISIORS OP 'l'RB CHARTBR RBLATIVB TO IDITBRillG Ilft'O A TBLEPBONE PRAllCHISB WITH 'ftlB CI'1'Y OP BRGLBWOOD. Upon the call of the roll, the vote resulted aa follow•: Ayes: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Raya: None. Ab•ent: None. '!'he Mayor declared the motion carried. 641-6 PROCBBDIRGS OF PLANNIRG AND ZONING C<»tMISSIOR MBBTIRG OF MAY 20TH The Mayor asked that the minutes be received and placed on file. 641-90 Regarding Rezoning £.! Parr Property The City Clerk read the following recommendation of the City Planning and zoning Commission: •'fhe Planning Commi•aion recommends to the City Council rezoning of Mr. Parr'• property west of Clay Street Extended, South of West Union Avenue, north of the present Littleton city limits, and east of the Brown Ditch from R-1-C to I-1, be approved for the following reasons: 1. The area i• adjacent to I-1 zoning to the east, and 2. 'ftle Brown Ditch provides a natural boundary, and would be a logical zone boundary line.• COUJICILMAll RICE MOVBD, COURCIIMAN HANSOR SBCORDBD, THAT A PUBLIC HEARING BB BBLD OR THE RBZORIHG RBQUBST AT 8: 00 P.M., MORDAY, JULY 6, 1964, AT THE CITr COUJICIL CBAMBBRS, CITY' BALL, DGLBWOOD AND THAT TBB PROPERTY' •E POSTBD AS REQUIRBD BY LAW Am> llOTICB BB GIVER BY PUBLICATION IR TBB LBGAL RBWSPAPBR. Upon the call of the roll, the vote reaulted aa follows: I I I I I I I I Minute• of June 1, 1964 Ayea1 Councilmen Rice, Xreiling, Han80n, Pullerton, Braun, Allen, Love. •ayaa Bone. Abaenta Rone. 'l'h• Mayor declared th• motion carried. 641-91 Relating ~ Rezoning of South Downing Street 'nl• City Clerk read the following recommendation of the City Planning and zoning Collllliaaion: •That the Planning Commiaaion reconaenda to the City council the rezoning of the 2900 and 3000 block• south Downing weat aid• only, from R-1-A to R-1-C for the following reaaona1 1. The land i• adjacent to R-1-C zoned land, and 2. The area wa• previoualy zoned comparably under th• 1955 zoning ordinance, and 3. The propoaed zone claasification would permit compatible and reaaonabl• development of the only vacant land in the area in accordance with it• reaubdiviaion approved by the City in 1959." COUBCIIlllJI BRAUN MOVBD, COWCILMAN PULLDTOll &•COllDBD, 'l'BAT A PUBLIC HBARDIG BB BBLD OR TRB RBZO&DrG RBQUBST AT 8:00 P.N., llOllMY, JULY 6, 1964, AT THE CITY COU•CIL CBAMBBRS, CI'l'Y BALL, BIJGLBWOOD MID THAT '1'11B PROPERTY BB POSTED AS RBQURD BY LAW AlfD llOTICB BB GIVBll BY PUBLICATION IR 'ftlB LBGAL &BWSPAPBR. Upon the call of the roll, the vote reaulted aa follow•: Ayea: Councilmen Rica, Kreiling. Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Abaent: None. The Mayor declared the motion carried. 641-87 Approval S!£. Englewood Induatrial Park Subdiviaion The City Clerk read the following recommendation of the City Planning and zoning Commiaaion: •The Planning Commiaaion recommend• to th• City council the Englewood Induatrial Park Subdiviaion for favorable conaideration and that the proper bonding requirement of the aubdiviaion regulation• be met." Mr. Tatum asked that the plat be considered separately from the bond require- -nt. Counc i lma n Brc1uu .iudLcated that the council could not approve the subdivision aubject to the bond requirement• and the City Attorney verified. Diacuaaion ensued. Mr. Tatum stated that it was a desire to have all of the various points set forth in the subdivision reviewed by the Council and approval in aubatance given. The Mayor atated that they could not approve in part and that after the review by the Planning Commission and Engineer'• Office the council very aeldom queationed the technical detail of a subdivision. 641-7 641-4 PROCEEDINGS OF WATER AND SBWBR BOARD NBBTING OP MAY 19TH The Mayor aaked that the minute• be received and placed on file. PROCEEDINGS OF BOARD OF ADJUSTMENT MID APPEALS MBBTIRGS OF MAY 15TH MID MAY 20TH The Mayor asked that the minutes be received and placed on file. 641-92 Encroachment .!?!! Retaining Wall .!?!! City Property The City Clerk read the following recommendation from the Board of Adjustment and Appeals: •The Board of Adjustment and Appeals recommend• to the City Council for ita consideration or approval of the following request for a retaining wall to encroach on City p~operty by Elmer B. Schwab, 4795 South Inca, case Ho. 64-24. The applicant requeata permission to erect a retaining wall at a distance of 100 feet along Weat Lay-..n Avenue to be twelve inches from the existing sidewalk to start at grade level from the east end and to be approximately forth-eight inch•• above the sidewalk grade on the west end.• COUNCILMAN FULLERTON MOVED, COUHCILMAN ALLBR SBCOllDBD, 'MAT 'ME RBCOMMBRDATIOl!T BB ACCEPTED AND APPROVBD MID 'MAT THE MAYOR AlfD CitY CLBRX BB AUTHORIZED TO SIG1f AR AGRBJDlBJ1'1' TO ALLOW SUCH DCROACHMENT. Upon the call of the roll. the vote re- sulted aa follows: Minute• of June 1, 1964 Aye•: Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raye: None. Abaent: None. The Mayor declared the motion carried. 641-5 PROCEEDINGS OF BOARD OF CAREER SERVICE CQllMISSIOlfBRS MBBTING OF MAY 27TH 'l'he Mayor aaked that the minutes be received and placed on file. 641-3 PROCEEDINGS OF PARKS ARD RECREATION C<»OIISSIOlf MBBTilfG OP MAY 28TH 'l'he Mayor aaked that the minutes be received and placed on file. 641-93 Relating £2 Park Replacement Program The City Clerk read the following recommendation of the Parka and Recreation Collllliaaion: •That the 8ity council approve the propoaed expenditures for appraisal and engineering work of $2,000 and $4,106 respectively, necessary for the development of the Replacement Park Pr04Jram with a suggestion that the second bid be received for the engineering work. The eo.nieeion also wishes to call attention to the fact that neither of th••• items were included in the original coat of th• Park Replace- ment Program($1,000,000) since it was hoped that the City and School Diatrict would absorb this type of expenditure. It i• au99eated that ~f these expenditures are taken out of the $1,000,000that aome arrange- ment be made for the money to be reimbursed to the Park Replacement Pund in the 1965 Capital Improvement Budget.• The City Manager reported that he had contacted Bill Van Schooneveld of Water B. Heider and Company on the matter of authorization for expenditure from the Park Replacement Bacrow Fund and received the recommendation that an ordinance be enacted to make these expenditures from the Replacement Pund. He noted that $18,000 waa appropriated in the Public Improvement Pund for the development of Belleview Park and aa Belleview Park will be engineered ae well aa the proposed Dartmouth and Lutheran sites he recommended repayment of this proposed engineer- ing and appraisal amount from the Public Iaprovement Pund. Councilman Kreiling discuased the ethic• of securing bids for profeaaional work. Councilman Allen connented that the Parka and Recreation Commiaaion deaired to have another price or estimate than a bid and did not intend to require a aecond bid aa part of their reconnendation. Diacuaaion enaued. Th• City Manager atated that the Parka and Recreation Director and he had moved rapidly ao that the Park Replacement Program could proceed smoothly. They did not intend to uaurp the authority of the Council or rush the matter. Diacuaaion enaued. COUllCIIMAN ALLEN MOVED, COUNCILMAN BRAUN SBCORDBD, THAT THB CITY MANAGER BE AUTBORIZBD TO PROCEED IR SECURING CONTRACTS POR '1'HB APPRAISAL ARD ENGINEERING SBRVICBS AS RBQUIRBD AND THAT THE SIGNATURES OP 'flU: MAYOR AND CITY CLERK BE AUTHORIZED. Upon the call of the roll, the vote ~••ulted as follows: Ayea: Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Abaent: Rone. The Mayor declared the motion carried. 641-94 MEMORANDUM RELATING TO STATE-WIDE SALES TAX INCREASE The Mayor aaked that the memorandum be received and-the Cotincil discuaa the propoaal in detail at a later date. 641-71 1965 Pay Plan 'l'he Mayor aaked the City Manager/a recommendation be received for study by the Council at a later date. 641-53 CHANGING PARKING TIME LIMIT FOR ORE HOUR TO TWO HOURS Introduced ae a Bill by Councilman Hanson BY AUTHORITY ORDINANCE NO. 10, &BRIES OF 1964 Alf ORDIHANCE AMBRDilfG SECTION 25.20-8 (a) o~ ~MUNICIPAL COD• OF THE ~CITY OP BllGLBWOOD, COLORADO, TO CHARGE THE PARKING TIME LIMITS ON CERTAIN STRBBTS PRat on HOUR TO '!WO HOURS. I I I I I I I I Minute• of June 1, 1964 (Bill for ordinance copied in official minute• of May 18th) waa read for the aecond time. comtCILMAN HMTSOR MOVED, COURCILMAN PULLERTOlf SBCONDBD, THAT ORDINANCE NO. 10, SBRIBS OP 1964, BB PASSBD OR SECOND ARD PIDL RBADilfG AlfD ORDBRBD PUBLISHED IN PULL IR TllB BllGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote reaulted aa follow•: Ayea: Councilmen Rice, Kreilin9, Han•on, Fullerton, Braun, Allen, Love. lfaya: None. Abaent: None. 'l'h• Mayor declared the motion carried. 641-75 RBLATIRG TO PARKING LIMITS ON ~-N-SHOP LOT Introduced aa a bill by Councilman Fullerton BY AU'l'HORITY ORDINANCE NO. 11, SBRIBS OF 1964 AR ORDINANCE AMBRDilfG THE MUNICIPAL CODB OP 'ftlB CITY OP BNGLBWOOD, COLORADO, BY OIAllGillG THE PRBSBRT DBSIGlfATION OF SBCTIOlf 25.20-8 SUB-PARAGRA8H (c) TO SUB- PARAGRAPH (d) AND ADDING TBBRBTO A NEW SUB-PARAGaAPH (c) CHANGING THE TWO HOUR PARKilfG LIMIT ON 'ftlB CITY PARKING LOT TO THREE HOURS. (Bill for ordinance copied in full in official minutes of May 18th) waa read for the aecond time. COUllCIUIAN FULLERTON MOVED, COUNCILMAN ALLD SECONDED, THAT ORDINANCE NO. 11, &DIBS OP 1964, BE PASSED ON SECOND AND FINAL RBADilfG AND ORDBRBD PUBLISHBD Ill PULL IR !BB BIJGLBWOOD HERALD AlfD DITBRPRISE. Upon the call of the roll, the vote reault4id aa follow•: Ayea: councilmen Rice, Kreilin9, Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Abaent: Rone. 'l'he Mayor declared the motion carried. 641-73 VACATION OP TD PBET LOT 3, BLOCK 2, BAMPDElf HILLS SUBDIVISION Introduced a• a ·bill by Councilman Fullerton BY AUTHORITY ORDINANCE NO. 12, SBRIBS OP 1964 Alf ORDIDHCB VACATING THE EAST TEN (10) FBBT OF LOT 13, BLOCK '!WO (2), HAMPDBR BILLS SUB-DIVISION, CITY OF BNGLBWOOD, ARAPAHOS COUNTr, COLORADO. (Bill copied in full in official minute• of May 18th) waa read for the aecond time. COUlfCILMAN FULLERTON MOVED, COUNCIIMAN BAlfSON SECONDED, THAT ORDINANCE NO. 12, SBRIBS OP 1964, BB PASSBD ON SECOND AND FINAL READING ARD ORDBRBD PUBLISHBD IN FULL IR '!'BB BllGLBWOOD HERALD AND BR'l'BRPRISB. Upon the call of the roll, the vote reaulted aa followas Ayea: Councilmen Rice, Kreilin9, Hanaon, Fullerton, Braun, Allen, Love. Raya: Rone. Abaent: None. Th• Mayor declared the motion carried. 641-59 ORDINANCE ANNEXING .ARBA SOUTH OF BELLEVIEW Introduced as a Bill by Councilman Rica BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1964 AR ORDINAHCB APPROVING THE ANNEXATION OF TBB PROPBR'l'r HBRBIRAFTBR DBSCRIBBD !O 'ftlB Cift OP BHGLBWOOD, COLORADO, AND AHNBXIlfG SAID DESCRIBED PROPBRTY TO THB CITY OP BllGLBWOOD, COLORADO, TO-WIT: Minutes of June l, 1964 ~ Beginning at the N.B. corner of the •.w.~ of Sec. 15, TIS, R 68 w of the 6th P.M.: thence Weaterly along the North line of said Section 15 a diatance of 1653 f .. t to the West line of Miramonte Subdivision extended: thence Southerly along aaid line extended and along the Weat line of said Subdivision a distance of 630.00 feet to the Southweat corner of Lot 9 of aaid Subdiviaion: thence Southerly along the Weat line of Lot 8 of aaid Subdiviaion a diatance of 28.2 feet: thence Southeaaterly along the southw•aterly line of aaid Lot 8 a diatance of 123.6 feet: thence southeaaterly along the Southerly line of said Miramonte Subdiviaion a diatance of 280.21 feet to the Southeaat corner thereof: thence South along the West line of Tract 15 Interurban Addition a distance of 215.80 feet to the Southweat corner of aaid Tract 15, thence southeaaterly at right angle• with the Rorthweaterly line of Lebow Ave. a diatance of 70 feet to a point on the SOutheaaterly line Of Lebow Ave. aaid point being the Southweaterly corner of Plot 3, Rafferty Gardena: thence southeasterly along the &ortherly lines of Plot• 4, 8, 9, 10, 11, 12 and 13 of the Northweat corner of Plot 14, aaid Rafferty Gardena: thence South along the Weat line of said Plot 14 a diatance of 189 feet to the Southweat corner of said Plot 14, aaid point alao being on the Rorth line of Rafferty Lane (Fir•t Ave.)1 thence Baat along aaid North line of Rafferty Lane (Firat Ave.) and aaid North line extended a diatance of 578 feet to the center line of South Broadway, aaid center line being the Weat line of the N.B.~ of Sec. 15, T SS, R68W, 6th P.M.: thence South along the Weat line of said N.B.~ to the s.w. corner of the R.B.~1 thence Baat along the South line of aaid R.B.~ to a point which i• 496.69 feet Weat of the Southeaat corner of the N.B.~ of Sec. 15, T SS, R68W, 6th P.M.: thence Rorth a diatance of 206.95 feet: thence Weat 151.37 feet: thence Borth SS• 14' Weat 989.15 feet: thence Rorth 3• 41' 40• Weat 375.42 feet: thence Rorth &o• 59' Weat 174.2 feet: thence North 40• 38' Weat 420.9 feet: thence North 28• 08' Weat 59.76 feet: thence North 61• 54' Weat 263.35 feet, more or leaa, to the Southeaat corner of Lot 1, Block 3A,Brookridge Height• Third Filing: thence Northeaaterly along the Southeaaterly line of aaid Lot l, Block 3A a diatance of 120 feet to the N'ortheaat corner of aaid Lot 1, Block 3A: thence North 17• 37' Baat 61.02 feet to the southeast corner of Lot 1, Block lA, Brookridge Height• Third Filing: thence llorth 28• 06' Baat along the Southe•terly line of aaid Lot 1, Block lA a diatance of 122.15 feet: thence North 12• 13' Weat along the Southweaterly line of Lota 11, 12 and 13, Block 2, Brookridge Heights a distance of 111.36 feet: thence North OO• 10' East along the Weaterly linea of Lota 13 through 20 of Block 2, Brookridge Heights and said lines extended 520 feet to the North line of aaid Section 15: thence Weaterly along the Rorth line of said Section 15, T SS, R68W a diatance of 584 feet more or leas to the point of beginning, Arapahoe County, Colorado. (Bill for ordinance copied in minute• of May 18t~) waa read for the second time. COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT ORDINANCE NO. 13, SERIES OF 1964, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN 'BIB BlfGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted •• follows: Ayes: Councilmen Rice, Kr eiling, Hanson, Braun, Allen, Love. Nays: Councilman Fullerton. Abaent: None. 'l'he Mayor declared the motion carried. 641-35 CONTRACT FOR RAILROAD CROSS!G IN CONNP£TION WITH MC LBLLAN RESERVOIR The City Manager reported that a pipeline license had been secured from the Atchiaon, Topeka and Santa Fe Railway for the pumping line between the Englewood Pumping Station and the McLellan Reaervoir. He recommended that the license be approved. I I I ' ,I I I I I Minute• of June 1, 1964 COUNCIIMAR BRAUN MOVED, COUNCILMAN FULLBRTOR SBCOHDBD, THAT THE PIPELIHB LICBllSE BB APPROVBD ARD THAT THE MAYOR AND CITY CLERK BB AUTBORIZBD TO EXECUTE ON BBllALP OP 'ftfE CITY. Upon the call of the roll, the vote reaulted as follows: Aye•: councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Abaent: None. The Mayor declared the motion carried. ATTORNEY'S CHOICE 'l'h• City Attorney reported that the City haa loat the auit with regard to opening an acceaa acroaa property in the 4300 block South Penn to allow the drainage water to flow from the atreet. He atated that thia waa the property previously owned by Ruaaell B. Ford and preaently owned by Mr•. Amy Miller. Diacussion enaued. The City Manager auggeated that aa a aolution a atorm drain be put from South Penn to Quincy and down Quincy to a point where it would flow in the normal drain- age area again. Thi• would coat approximately $5,700. Councilmen Braun and Rice apoke againat the precedent of eatabliahing drainage at City expenae for private property. Be auggeated that the area between the atreet line and property line be excavated to form a aettling pond for the water. Diacuaaion ensued. COURCILMAN ALLER MOVBD, COUNCILMAN BARSON SBCONDBD, THAT THDlA'l"l'BR OP THE DRAillAGB POR THE 4300 BLOCK SOUTH PENNSYLVARIA BB TABLED. Upon the call of the roll, the vote reaulted aa followa: Ayea: Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Abaent1 Rone. '!'be Mayor declared the motion carried. Councilman Braun inquired about the Engl.wood Dam. The City Attorney reported that he had received a report aa to the condition of the Dam and now he waa aeeking an engineer'• opinion aa to the need for the Dam aa a flood control meaaure. 641-84 RBLATIRG TO 3100 BLOCK SOUTH IAPAYBTTB 'lb• City Manager diacuaaed the problem of the drainage ditch between Eaat Dartllouth Avenue and Ba•t Baatman Avenue in th• 3100 block South Lafayette. Be atated that Mr. Dykatra and Mr. Jeltema were pre .. nt. Be reported on converaation• he had with both of the owner• of ·,property adjoining the drainage ditch and atated that Mr. Jeltema may participate in the problem. 'l'he Mayor di•cu••ed the po••ibility of the uae of the land without vacation or deed. Di•cu••ion ensued. Mr. Jeltema indicated that he would conaider an offer and could enter into an agreement for covering or alleviating the problem. Councilman Braun co111Dented on the safety and the problem of children going into th• pipe. Be •tated that if the pipe ha• a grill inatalled at the lower end that thia would defeat th• purpoae of providing atorm drainage and would be unaafe for anyone to unlock or remove in caae of a atorm. Diacuaaion enaued. COUllCIIMAN At.r.a MOVBD, COUIJCILMAN BARSON SBCONDBD, THAT TBB MATTBR BB 'fABLBD Ull'l'IL 'l'BB CITY M..UAGBR IS ABLE TO APPROACH AND WORK OUT DETAILS WITH MESSRS. JBLTlllA AllD DYJCSTRA POR THE COVERING OP THE DITCH. Upon the call of the roll, the vote resulted aa follows: Aye•: councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. •aya: Rone. Abaent: None. The Mayor declared the motion carried. 641-89 RELATING TO COUNCIL REPRESENTATIVE TO CAREER SBRVICB CC»IMISSION Councilman Braun urged that thi• matter be considered further. 'lb• Mayor agreed. councilman Fullerton inquired about replacement for Mr. Carleno. He auggeated that Mr. Richard Bason be conaidered, that he would accept the poaition if appointed. Diaeuaaion enaued. COUllCILMAN PULLERTOR MOVBD, COUNCILMAN RICB SECORDBD, THAT MR. RialARD BASOR BB APPOill'nD TO 'nm CARBBR SERVICE COIMISSIOB TO PILL TBB UNBXPIRBD TBRM or MR. BADY CARLBllO BFFBCTIVB IMMBDIATBLY AllD TBRMIRATING JUJ!1B 1, 1967. Upon the call of the roll, the,vote reaulted aa follows: Minute• of June l, 1964 Aye•: councilmen Rice, Kreilin9, Hanaon, Fullerton, Braun, Allen, Love. lfaya: None. Atiaent: None. '!'he Mayor declared the motion carried. COURCILMAN BRAUN MOVBD, COUNCILMAN RICB SBCOllDBD, THAT TRB CITY MAllAGBR BB DIRBCTBD TO WRITE A LE'l"l'ER TO MR. CARLBNO BXPRBSSillG .TRB CITY! S LOSS UPQ~_ fJJ;S . RBSIGllATION FR<* 'ftlE CAREER SBRVICE BOARD ARD TBAllKilfG HIM .FOR HIS SERVICE •. Upon the call of the roll, the vote reaulted aa follow•: . Aye•: Councilmen Rice, Kreilin9, Hanaon, Fullerton, Braun, Allen, Love. lfaya: None. Abaent: None. ifh• Mayor declared the motion carried. Councilman Rice inquired whether a Councilman ahould be preaent at the career Service meeting• or not. Diacuaaion enaued. 'Die City Attorney apoke of the poa- aible conflict of intereat which could eaaily be •reaent with a Councilman in attendance at the Career Service meeting•. Councilman Braun apoke further that in hi• opinion there waa a direct conflict with the Charter and auggeated that the Adlliniatrative Aaaiatant be the liaaon between the City Council and th• Career Service Board. Diacuasion enaued. 641-57 CONTRACT FOR COlfSTRUCTION OP SABITARY SBWBR BX'l'DSIOlf !'he City Manager reported that bid• for Sanitary Sewer Bxtenaion Ro. 82 had been received on May 22nd at 10:00 A.M. for the conatruction of a Sanitary S.wer in the vicinity of south Huron Street and Weat lfaaaau Way. Be recoamended that the low bid aubmitted by Aaaociated Engineering Conatruction, Inc. of Aurora, COlorado, in the amount of $3,510.66 be approved. Diacuaaion enaued. COURCILMAlf BRAUlf MOVBD, COUlfCIU4AB ALLBlf SBCORDBD, THAT TBB LOW BID OP ASSOCIATBD DlGIDBRilfG COllSTRUCTION, INC. IN TBB AMOUllT OF $3,510.66 BB ACCBPTBD Alm THAT TllB COllTRACT BB AWARDE> TO THIS BIDDBR ABD TBB MAYOR ARD CITY CLERK BB AUTBORIZBD TO SIGN Oll BBRALP OP THE CITY. Upon the call of the roll, the vote reaulted aa follows: Ayea: Councilmen Rice, Kreilin9, Hanaon, Fullerton, Braun, Allen, Love. lfaya: None. Abaent: None • Tb• Mayor declared the motion carried. 641-97 PIPELINE CROSSING AGREDIEHT WITH DBllVBR RIO GRUDB RAILWAY The City Manager atated that a pipeline Cl'Cf••ing agreement waa neceaaary with the Denver and Rio Grande Weatern Railroad Company for the City to croaa their right-of-way in the vicinity of West Oxford Avenue in connection with the pipeline to bring water from the McBroom Ditch and Public Service Company well• to the Pilter Plant. COUllCILMAll RICB MOVBD, COURCILMAll FULLBR'l'ON SBCOllDBD, 'MAT 'l'BB PIPBLIRB CROSSIS AGRBDIBllT BB APPROVBD AND THAT THB MAYOR AllD Cift CLBRIC BB AUTBORIZBD TO 8I8 'ftlB SAMB OR BBHALP OF 'l'HB CITY. Upon the call of the roll, the vote reaulted aa follow•: Ayea: councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. •aya: lfone. Abaent: Hone. •t.., ' •. The Mayor declared the motion carried. 641-19 EXTBNSION OF SALES TAX AUDITOR CONTRACT ., 'l'h• City Manager reported that the Field Auditor hired on a part time baaia for a three month period had produced a reault of $4,028 in actual aaaeaament• with approximately ,1,000 additional amount being an income which will recur annually for a total figure of approximately $5,000. Re noted that the $600 per month fee had been a wiae inveatment and reconaended that he be authorized to enter into a contract for the three month• of May, June and July. Be apologized to the Council that he had allowed the initial agreement to go one month beyond it• term. Diacu••ion enaued. The City Manager pointed out that the budget for Sal•• Tax auditor would be in•ufficient and that :.he would prepare a reaolution for adoption by the Council. I I I I 11 'I I I Minute• of June 1, 1964 COUllCILMAll RICB MOVBD, COUllCILMAll PULLBR'IO• SICOlfDBD, 'l'BAT '1'BB CITY MAIJAGIR'S RSCXIUIBRM'l'IOR mAT MR. BD1'1'LBY JDIKS COM'l'RACI' OP SALIS TAX AUDI'IOR BB BX'l'BllDBD POR A 'l'BRBB MOll'l'R PERIOD BllDIBG JULY 31, 1964 Bl ACCBP'l'BD. Upon the call of the roll, the vote re•ulted •• follow•: Aye•: Councilman Rice, Kreiling, Hanaon, Fullerton, Love. •ay•: Councilmen Braun, Allen. Abaent: None. 'lb• Mayor declared the motion carried. 641-35 RBLATIRG TO COllDDUIATIOR OF BURJIBTt IA1fD POR PIPILI .. RIGHT-OF-WAY 'l'h• City Clerk read the following r••olution in fulls RBSOLUTIOll BB IT RB80LVBD1 !. '!hat th• City of Englewood doe• hereby determine to ••tabli•h and conatruct, •• a public work and public improvement, a pumping atation on the South Platte River and pipeline• th9refrom to McLellan Reaervoir. 2. '!'hat the City Council of the City of BncJlewood do•• hereby determine that aaid pwaping •tation and pipeline• and •••ement• to provide right-of-way for ••id pipeline• are a matter of public nece••ity and the right-of-way i• nece••ary for public purpo•e. 3. '!'hat the following de•cribed property i• nece•••ry for right-of-way and eaa ... nt under the foregoing provi•iona of this Reaolution, to-wit: A right-of-way 20 feet in width, over and aero•• Block 45 Wolhurat Hqtra., Arapahoe county, COlorado, the center line of which ia described aa follows: Beginning at a point on the west line of Santa Fe Street, •aid point being 280 feet north of the aouth-ea•t corner of Block 45 Wolhurat Bqtra., Arapahoe county, colorado: thence weat and parallel to the aouth line of said Block 45 to the west line of aaid Block 45, the we•t line of Block 45 being common to the ea•t R.o.w. line of the Denver and Santa Fe Railroad. All located in th• s.w. 1/4 of Section 32-'1'5S-R68W of the 6th P.M., Arapahoe county, State of Colorado. 4. '!'hat negotiation• with the owners thereof have failed and condemnation to acquire said right-of-way i• expressly authorized and th• City Attorney and M. o. Shivers, Jr., Special Water Counsel, are authorized to in•titute and pro- ••cute •uch proceeding•. Adopted and approved this first day of June, 1964. Mayor A'l'TBST1 COUllCIIMAll ~TOii llOVBD, COUllCILMAlf BAllSOll SBCORDBD, THAT THE RBSOLUTIOll BB ADOPTED AllD APPROVBD ABD THAT THE MAYOR UD CIT!' CLBRK BB AUTHORIZED TO BXECUTB COPIBS TBBl.:>F. Upon the call of the roll, the vote re•ultad as follows: Aye•: councilmen Rica, Kreiling, Ban•on, Fullerton, Braun, Allen, Love. Ray•: Rone. Ab•ent: Rone. The Mayor declared the motion carried. RBLATillG TO SALARY OP MUllICIPAL COURT CLBRK The City Manager reported that the 1965 propo•ed Pay Plan recommended that the •alary for Municipal court Clerk be increaaed from $350.00 to $367.00 par month from Grade lOC to O.ade llC. He informed the council that a• a result of additional dutie• and re•pon•ibiliti•• •• well •• coordination of her witll.lwith that of the Central Printing and Off ice Supply Clerk and Receptionist he would Minute• of June 1, 1964 reco ... nd that the above increaae be effective June 1, 1964, with no further adjuatment January lat. Re aaaured the Council that Municipal Judge Kelley had been contacted on the propoaed increaae and agreed to it. Diacuaaion enaued. COUllCILMA!f FULLBRTON MOVBD, COUllCIUCAN KRBILI&G SBCONDBD '!BAT TBB PROPOSBD SALARY I&CRBASB FOR THE MUllICIPAL COURT CLBRJ< BB APPROVED BPPBCTIVB JUl1B 1, 1964. Upon the call of the roll, the vote reaulted aa follows: Aye•: Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Abaent: Hone. 'l'h• Mayor declared the motion carried. RELATING TO PBTBR KIBWIT WBLLS The City Manager reported that he had proceeded to take bid• on the drilling of one well and outfitting with pump• of that well and another well ao that addi- tional atandby water could be available in caae it i• needed thi• aummer. Re re- ported that the low bidder Gobel, Sampson and Smith suanitted a bid of $3850.45 but commented that the aecond low bidder waa Adam• City Pump company with a bid of $4,480.00 with an ••timated delivery of ten day•. He atated that due to the fact that time may be of ••••nee he would recommend award to the aecond low bidder4 Diacuaaion ensued. COUllCILMAN RICB MOVBD, COUNCILMAN ALLBN SBCONDBD, 'nfAT TBB BID OP ADAMS CI'l'Y PmlP C<llPAllY IN THE AMOUllT OP $4,480.00 BB ACCBP'l'BD AllD THAT TllB CITY MABAGBR BS AU'l'BORIZBD TO PROCBBD WITH 'l'BB PLACING OF TWO WATBR WBLLS Ilft'O PRODUCTION. Upon the call of the roll, the vote reaulted aa follow•: Ayea: councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: Hone. Abaent: None. '!'he Mayor declared the motion carried. 641-71 RELATING TO 1965 PAY PLAN Councilman Kreiling aaked if the City Manager'• reco....Sationa and alteration• of the Career Service Pay Plan needed to be referred back to that Commiaaion. Diacuaaion enaued. 'ftle City Manager reported that he had diacuaaed th••• change• with the Board or Peraonnel Director but haa not •pacifically reviewed hi• recom- mendation with the Commiaaion. Councilman Kreiling aaked that the City Manager review hi• alteration• of the proposed Pay Plan with the career Service Commiaaion ao that the Council might have the result of thi• review. 641-10 CONSIDBRATIOB OF BILLS, CLAIMS ARD IllVOICBS POR MAY, 1964 COUllCIIMAN BRAUlf MOVED, COUNCIMAN HARSOB SBCOllDBD, THAT THB BILLS, CLAIMS ARD IllVOICBS FOR MAY, 1964 A8 APPROVED BY TBB CI'1'Y MAllAGBR AJll) LISTBD BY TBB CITY CLBRJC BB ALLOWED. Upon the call of the roll, the vote reaulted a• follow•: Ay••: Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. Raya: None. Absent: None. The Mayor declared the motion carried. 641-86 RBLATING TO ADULT CROSSIHG PATROLS 1'h• Mayor aaked if th• Council desired to ••nd•r a decision on the requeat by Dr. Lininger. Councilman Allen auggeated that the propoaal be tried at a achool croaaing along the highway. Councilman Rice expreaaed the view that he would like to have the uae of the patrol allocated amoung the achoola and inquired if the achool ahould undertake any of the coat of th• patrol. Diacuaaion ensued. 'l'he City Manager noted that the Safety Council had indicated that this was a municipal reaponaibility. Councilman Braun apoke in favor of a aimilar aum of money being •pent for educational ••rvicea and a public relation• program to train children and adult• in good pedestrian habit•. Diacuaaion ensued. COUllCILMA!f RICB MOVBD, OOUHCILMAlf HAlfSON SBCOllDBD, THAT TRB RBQUBST POR ADULT SAPBft PATROLS BB RBPBRRBD TO 'l'RB PLA101ING ARD TRAn'IC DIRBCTOR, POLICB alIBP, ARD Ol'll.a& COBCBRllED POR TBBIR RBCC»IM.BHDATIONS. Upon the call of the roll, the vote reaulted aa follows: Ayess Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, .. ve. Rays:. Councilman Allen. Abaents Rone. The Mayor declared the motion carried. I I I I ,1 I I I Minute• of June 1, 1964 641-68 RBQUEST FOR 3.2" BBBR LICDSB FOR WESTERN STEAK HOUSB COU9CILMAR BRAUN MOVBD, COUllCIIl4AH RICB SBCOl!tDBD, 'MAT 'l'BB MAT'l'BR OF 'l'BB APPLICATIOR PORA 3.2 BBBR LICDSB BY WBSTBIUl STBAK BOUSB BB .RmtOVBD FROM THE TABLE. Upon the call of the roll, the vote re•ulted a• follow•• Ay••• councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen, Love. •aya1 Hone. Abaent1 Hone. The Mayor declared the motion carried. Councilman Kreiling apok• againat the iaauance of the licenae in apite of the good reputation of th• current applicant•. Be noted that the Council wa• iaauing a licanae to individual• but baaically to a buain•••· Diacuaaion en- aued. Councilman Fullerton inquired if a licena• were ia•ued could not the City revoke it a year from now. The City Attorney reported that the council could not revolt• the licen•• until the holder waa convicted of a violation. Diacuaaion enaued. Councilman Braun reviewed the Sierota caae. Councilman Ban.an coanented he felt there were enough 3.2 and liquor outlet• in Bnglewood and expr•••ed the viMt that if a licenae were iaaued to th• Weatern Steak Houae the operation could change in a hurry after that licen•e waa iaaued. Diacua•ion enaued. COUllCILMAll KRBILI•G MOVBD, COUHCILMMJ RICB a.aellDBD, '1'BAT TBB APPLICATIOB POR RBTAIL PBRMD'l'BD MALT BBVBRAGB LICDSB (POR SALB 01' 3.2" BUR 011LY) SU91I'l"l'BD BY llBSSRS. BORTON SIBGBR AID> STAllLBY SIRGBR dba WBSTBRN STBAK BOUSB, 3457 SOU'l'B BROADWAY, BllGLBWOOD, BB DaIBD AS HOT BBIBG RBQUIRBD TO MBBT THE RBASOBABLB RB- QUIRBMDTS OP THE BBIGBBORBOOD AND TRB DBSIRBS OP TBB IBBABITAllTS AS DBTBRMillBD BY TBB BVIDBBCB PRBSBllTBD AT THB PUBLIC HBARIRG, I•CLUDIBG TBB FOLLOWIRG1 1. 'l'RBRB ARB THRBB 3.2" BBBR OUTLETS IN TBB CITY OP BlfGLBWOOD, IRCLUDIRG ORB AT 4161 SOUTH BROADWAY, A DISTANCE OP 011LY SIX CITY BLOCKS PR<»I 'l'HB APPLICANT'S LOCA'l'IOR1 2. TBAT A COURTER PBTITIOlf SIGRBD BY 178 PBRSOBS RBSIDIRG IN THE IM.MBDIATB RBIGBBORHOOD PROTBSTIBG THE ISSUABCB OP TBB LICDSB WAS PILBD: 3. TBAT 'l'BB PROPOSBD LICDSB WILL ALLOW SALB OP 3.2" BBBR AT A LOCATIOR Wrr&IR LBSS THAR TWO Cift BLOCKS OP A JUlfIOR HIGH SCHOOL AllD WI'IBIR WALKIRG DISTARCB OP A S•IOR HIGH SCHOOL: 4. TBAT TllERB ARB PIVB LIQUOR OUTLBTS IS 'l'llB BLOCK IR WHICH 'l'BE LICBllSB IS RBQUBSTBD, IBCLUDIRG TWO OU'l'LBTS AT WHICH LIQUOR IS DISPDSBD BY '!'BB DRDO<: 5. THAT ALTHOUGH '1'BE APPLICMITS IRDICATB 'l'llBIR DBSIRB '1'0 LIMIT THE SALB OP 3.2" BBBR '1'0 THOSE OVBR 'rBB AGB OP 'l'WBll'n-OD Ul1Ll!:SS ACCOIPAllIBD BY A PARJDIT OR GUAltDIAll AT WHICH TIMB THOSE OVER BIGBTBD WILL BB SBRVBDr BAT 'IBIS LIMITATIOR IS A VOLURTARY on Alf)) UBDPORCBABLB BY '1'IB CITY OR STATB AllD BllPORC91DT BY THE APPLICANTS TBIMSBLVSS IS DOUBTBD WBD TRI!: STATB LAW PERMITS SALES TO TBOSB OVBR BIGRTBD WITHOUT SUCH RBSTRICTIORS: 6. AllI> l'URTBBR THAT SHOULD THE CURRD'l' APPLICAllTS BB SOCCBSSl'UL IB LIMITIBG TBB SALB OP 3.2" BBBR '1'0 'l'llOIB OVBR 'l'WBllft-OD TBBRB IS RO ASSURUCB THAT TBB PRBSD'l' APPLICAllTS WOULD COll'l'IllOB IR BUSIRBSS AT THIS LOCATIOR OR TBAT AllY POTUllB OWllDS WOULD ROT RBVBRT TO SALB& '1'0 PBRSORS BIGHTS• YBAll8 OLD AllD OVD, AS PBRMIT'?BD BY STATB STATOTBS, OVER WRICH COllDITI<m TllB LICDSING AUTBORift WOULD BAVB llO CON'l'ROL AIU> COULD BOT TBIUIIllATB TRI!: LICBRSB RIGHT UBLBSS VIOLATION OP TllB 89ATB STATUTBS BAD OCCURRBD OR BXISTBD. Diacuaaion enaued. 'l'h• queation waa called for. Upon th• call of the roll, the vote reaulted aa followa1 Ay••• Councilmen Rice, Kreiling, Hanaon, Fullerton, Braun, Allen. Raya: Mayor Love. Abaent: Rone. ftle Mayor declared the motion carried and directed the City Clerk to notify the applicant• of th• City Council'• daciaion. MAYOR'S CllOICB The Mayor announced that the next meeting of the Arapahoe Mayor• Aaaociation would be held at the Rad Slipper on Thuraday, June 4, 1964 at 6130 P.M. 'l'h• Mayor announced that the City of parade and celebration and de•ired a City float• and coatumea. Diacuaaion enaued. aecure aaneone to •erve in thi• capacity. 'l'hornton waa having a Fourth of July Official to ••rve aa a judge of the '!'ha City Manager noted that he would '!'he Mayor coanented on a piece of de•criptive literature on local airport• and di•cua•ed the need for an airport and th• poaaibl• presaure• which may result in the conatruction of an airport in Arapahoe County. He inquired whether the trend and presaures developing ia something that the City ahould recoqnize and po•aibly fo•ter. Minutes of June l, 1964 COUNCII.HAN'S CHOICE Councilman Fullerton reported on air pollution by noting that Tom Heaton, President of Littleton City Council, baa been active in a group which baa secured a certificate of incorporation. By-laws baaed upon a model ordinance are in the process of being drafted. He stated that after the by-lawa are adopted and the organization formed, Englewood will be invited to join. The estimated coat will be $25.00 to $50.00 fo~ Englewood with approximately $4,000 being raised by the corporation to aeek a federal grant of approximately $12,000 for a total of $16,000 for air pollution atudy. Councilman Fullerton alao inquired about remedial repairs necessary to the City Ball Annex. He noted in particular the stairway which baa been blocked off due to looae plaater on the ceiling. The City Manager replied that an esti- mate had been secured for this repair and it waa felt that if any repair• were done the entire ceiling would need to be replaatered at a coat of approximately $1,000. Councilman Braun auggested a safety acreen be conatructed under the looae plaster. ADJOURN COUBCILMAN BRAUN MOVED, COUNCILMAN HANSON SBC01'DBD, THAT 'ftlB MBftING BE ADJOURRED. Upon the call of the roll, the vote resulted aa follows: Ayea: Councilmen Rice, Kreiling, Hanson, Fullerton, Braun, Allen, Love. Haya: None. Abaent: None • '1'he Mayor declared the meeting adjourned at 2:17 A.M., Tuesday, June 2, 1964. I•/ e. o. Beauaang, City Clerk Clerk of the Council '1'he minute• of the meeting of the City Council of the City of Englewood, Colorado, held on the lat day of June, 1964 A.D., atand approved as corrected thia 15th day of June, 1964 A.D. I I