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HomeMy WebLinkAbout1964-07-20 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF F.NGLEWOOD, COLORADO JULY 20, 1964 RBGUIAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, mat in regular session on Monday, July 20, 1964, in the Council Chamber•, City Ball, Englewood, at the hour of 8:00 P.M. Mayor Love presiding called the meeting to order and the invocation wa• given by the Reverend F. F. Hahn of the Inmanuel Lutheran Church. The Mayor asked for roll call. Upon the call of the roll, the following per- sona were present: Councilmen: Allen, Fullerton, Hanaon, Rice, Love. Also Preaent: City Manager Dial, Adminiatrative Assistant Malone, City Attorney Esch, Planning Director Romana, City Clerk Beausang. Abaent: Councilmen Braun, Kreiling. The Mayor declared a quorum present. 642-19 PETITION REQUESTING ABATEMENT OF NOISE AT SWEDISH HOSPITAL Mr. Virgil o. Lohoff, 3388 South Washington Street, waa present to diacuas a petition filed with the City on July 10, 1964 as follows: "City Council Englewood, Colorado Gentlemen: We the undersigned residents living in Girard Street, wish to advise you that SWedi•h Hoapital that is causing great dent• adjacent to this hospital. the vicinity of Waahington Steet and Eaat a nuisance and disturbance exists at the inconvenience and disturbance to the resi• It is the exhaust from the furniace and prevails night and day and respectfully request that you require that this nuisance be abated. Please give this your irmnediate attention. Respectfully signed, 42 signatures" Mr. Lohoff reported that he had talked to Mr. Roger Larson, Manager of the SWedish Bo•pital about the noi•e emitted by the steam boiler but the noise was not reduced. He stated that he had alao talked with the Building Inapector with regard to the nuisance which may have resulted in the erection of a five foot extension on the amoke stack. He stated the problem still exi•t• and it is a neighborhood problem. Councilman Fullerton reported he went to Lohoff'• home and heard the low pitch tone which reverberated throughout the building and waa quite distracting. He inquired whether the noise could be declared objectionable under the ordinance. Diacuaaion ensued. The Mayor asked the City Manager to inveatiw•te the poaaibility of abating the noiae problem. There were •even peraon• preaent on thi• noiae problem including one who spoke against a similar noiae emiaaion from the air conditioning unit. 642-20 RBQUEST FOR RENEWAL OF 3.2 BBBR LICBHSB POR KillG'S SOOPBRS STORE Mr. Richard Simon waa preaent on behalf of the J. s. Dillon and sona Store• Company, Inc. dba King'• Soopera, Inc., 5050 South Federal Boulevard, Englewood, who through error had submitted an application for R•tail Fermented Malt Beverage Licenae to the Arapahoe County Co1111issioner• in January, 1964, which was approved and forwarded to the State Liquor Licenaing authoritie• who issued the State 3.2 Beer License. No license from the County or the City of Englewood had been issued and the matter was recently called to the Store'• attention by the State Liquor Inspector. Accordingly he indicated arrangement had been made for an application to be aubmitted to the City Council at this time for the year ending January 26, 1965 and requested the City Council to favorably act upon thi• application as a renewal application. He introduced Mr. Samuel Overstreet, Manager of the store. The City Manager reported that there had been no call• to this outlet during the last year and a half of any nature at all with regard to the diapensing of 3.2 beer. I ,I I I I I I 'I Minute• of July 20, 1964 COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE APPLICATION FOR 1 RBTAIL FERMENTED MALT BEVERAGE LICENSE (FOR SALE OF 3.2 BEER ONLY) BY THE J. S. DILLON AND SONS STORES COMPANY, INC. dba KING'S SOOPBRS, INC., 5050 SOUTH PEI>rt BRAL BOULEVARD, BE APPROVED AND THAT THE MAYOR ARD CITY CLERK BE AUTHORIZED TO INDICATE THIS APPROVAL ON THE APPLICATION. Upon the call of the roll, the iiote reaulted as follows: Ayes: Councilmen Allen, Fullerton, Hanaon, Rice, Love. Naya: None. Abaent: Councilmen Braun, Kreiling. The Mayor declared the motion carried. SPECIAL COMMUNICATION FROM VISITORS FRat ENGLAND The Mayor announced that Mr. and Mrs. Leonard Barrett of Wanatead and Woodford, a borough of London, England, were present in the council Chambers and were brin9in9 a letter from Hi• Worship and Mayor D. K. L'Estran9e of their borough to the Englewood Mayor. Mrs. Barrett was visiting her sister Mrs. Bmma Harling of 4132 South Acoma Street. The City Clerk read the letter from Mayor L'Batrange. The Mayor expressed his appreciation for the greeting and letter from the Mayor of Wanatead and Woodford and requeated the Barretta to act aa couriers for a letter from him to Mayor L'Estrange. Discussion enaued. The Mayor thanked the Barretta for coming to the Council meeting and wished them a very pleaaant visit in Englewood and indicated he would write a letter for them to take to England. 641-90 PUBLIC HEARING ON REZONING OF LAND WEST OP SOUTH CLAY STREET SOUTH OF WEST UNION AVENUE COUNCIIHAN FULLERTON MOVED, COUNCILMAN RICE SECC*DED, THAT THE PUBLIC HEARING ON THE REZONING OF A TRACT OF LAND WEST OF SOUTH CLAY STREET EXTENDED, SOU'l'H OF WEST OBION AVENUE, NORTH OF THE PRESENT LITTLETON CITY LIMITS, AND EAST OF THE BROWN DITCH, FRCJit R-1-C ZONE TO I-1 ZONE BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Rice, Love. Nays: None. Absent: Councilmen Braun, Kreiling. The Mayor declared the motion carried. The Mayor asked if there were anyone present to be heard on this matter. There was no one present other than the Planning Director. He asked the Planning Director to review the request for the rezoning. The Planning Director indicated that this rezoning was initiated by the City and the land is part of an area known as the Gordon Tract. She noted that this represented a small triant~which should logically have been zoned industrial rather than residential originally. Diacuaaion enaued. The Mayor aske f if there were any others that wiahed to speak. There were no other• to apeak. COUNCIIICAN FULLERTON MOVED, COUNCILMAN llANSON SBa.DBD, THAT THE HEARING BE CLOSED. Upon the call of the roll, the vote reaulted aa follow•: Ayes: Councilmen Allen, Fullerton, Hanaon, Rice, Love. Naya: None. Absent: Councilmen Braun, Kreiling. 'ftle Mayor declared themotion carried. 'ft\e City Attorney announced that the bill had been introduced and read in full previoualy and published in full prior to thia hearing. Introduced as a Bill by councilman Rice. A BILL FOR AN ORDINANCE REZONING THE FOLLOWING DESCRIBBD PROPERTY FROM R-1-C (SINGLE FAMILY RESIDENTIAL) TO I-1 (LIGHT INDUSTRIAL) SAID PROPERTY BEING LOCATED IN THE Cift OP DIGLBWOOD, COUNTY OF ARAPAHOE, COLna•oo, AND BBING MORE PARTICULARLY DES- CRIBBD AS FOLLOWS: BEGINllIHG AT THE SB CORHBR OP 'ftlB HWli OP SBJi OF SECTION 9, TONllSBIP 5 SOUTH, RANGE 68 WEST OF 'ME 6TH P.M.: THDICB NORTH ALONG 'ME EAST LINE OP SAm IRf\ OP 'DIE SE\ A DISTANCE OF 856 PEBT MORE OR LESS TO A POINT WHERE THE CDITBR LINE EXTENDED OF A TRIBUTARY DITCH OF 'l'BE n••m DITCH INTERSECTS SAID EAST LID OP 'ME ~ OP THE SB\: THENCE SOUTHWESTBRLY ALONG 'ME CENTER LINE OF SAID , TRIBUTARY DITCH EXTENDED TO A POINT WHERE SAID CJDl'l'BR LINB BXTatDED INTERSECTS 'ME SOtn'B LINE OP SAID NW\ OF THE SE\: THENCE BAS• ALORG 'rBE SOUTH LINE OF sa&8 WJ., OF 'ftlB SBli: THENCE BAST ALONG THE SOUTH LINE OP SAID -OP THE SB\ A DIS!'WBIX>F 153.5 PBBT MORE OR LESS TO THE POINT OF BEGINNING. Minutes of July 20, 1964 (Bill copied in full in official minute• of June 15, 1964) COUNCILMAN RICE MOVBD, COUHCILMAN FULLERTON SECONDED, THAT THB PROPOSED BILL BB PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN ME ENGLEK>OD HERALD ARD ID1'1'BRPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Rice, Love. Nays: None. Absent: Councilmen Braun, Kreiling. The Mayor declared the motion carried. 641-91 RB~NING OF CRYSTAL ACRES SUBDIVISION PROM R-1-A TO R-1-C COUNCILMAN RICE MOVBD, COUNCILMAN FULLERTON SECONDED, THAT THE PUBLIC HEARING ON 'l'llB REZONING OP CRYSTAL ACRBS FROM ~-.1-A TO R-1-C BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Allen, Fullerton, Hanaon, Rice, Love. Nays: None. Absent: Councilmen Braun, Kreiling. The Mayor declared the motion carried. The Mayor asked if there were anyone who wished to be heard. There was none. '!'he Mayor asked the Planning Director to explain the reaaon for the rezoning request. The Planning Director stated that the subdivision was platted in fifty foot lots but zoned R-1-A which required seventy-five foot frontage. Tile rezon- ing request was initiated by the Planning Conaiaaion to allow construction on the narrower fifty foot frontages and that was the baaic difference between the zone claaaification of R-1-A and R-1-C. · The Mayor asked if there were anyone present to .,eak on the matter. There was none. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HBAR- IllG BB CLOSED. Upon the call of the roll, the vote reaulted aa follows: Ayes: Councilmen Allen, Fullerton, Hanson, Rice, Love. Naya: None. Abaent: Councilmen Braun, Kreiling. The Mayor declared the motion carried. (Councilman Kreiling entered and took hi• aeat on the Council at 8:44 P.M.) The Mayor asked that the bill be read by title only as it kad been fully read in advance of its publication as part of the notice of the public hearing. Introduced as a Bill by Councilman Fullerton A BILL FOR AN ORDINANCE REZONING ME FOLLOWING DESCRIBED PROPERTY' PR<»t R-1-A (SINGLE FAMILY RESIDENTIAL) TO R-1-C (SINGLE FAMILY RBSIDIDITIAL) SAID PROPERTY BEING LOCATED IN THE CITY OF ENGLEWOOD, ARAPAHOE comrrr, cowwaoo, ON 'niE WEST SIDE OF 'l'HB 2900 ARD 3000 BLOCKS OF SOUTH DOWNING, AND BEING MORB PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN THE -SECTION 35, 'l'OWNSHIP 4 SOUTH, RANGB 68 WBST OP 'ftlE 6'1'8 P.M. DESCRIBED AS FOLLOWS: BBGIDillG AT A POINT BBING THB IN'l'ER- SBCTION OP 'ftlE CD'l'ERLINE OF 'mE DOWNING-CORONA ALLBY WITH THE CENTERLINE OF EAST BA'1'BS AVBBUB, SAID POINT BEING ALSO A POINT ON TBB NOW EXISTING R-1-C RESIDENTIAL ZC9B DISTRICT: l'HEHCE EAST ALONG SAID CBNTERLID OP BAST BATBS AVENUE TO ITS INTBR- SBCTIOll WI'ftl THE CD'l'ERLINE OF SOUTH DOWNING STRBB'1'1 'l'llDlCB SOUTH ALONG SAID CENTBR- LID or SOU'ftl DOWNING STREET TO ITS INTERSECTION WITH 'l'HE CIDITBRLINE OF EAST DUl'DIOU'l'B AVBNUE: THENCE WBST ALONG SAID CIDl'l'BRLilfB OP BAST lall'DIOU'l'H AVENUE, SAID CmTBRLillE BBING ALSO THE BOUNDARY OF 'BIB NOW EXISTING R-1-C RESIDENTIAL ZONE DISTRICT TO ITS INTERSECTION WI'nl THE APORIMBftimtBD CBHTBRLINE OF 'BIB DOWNING- COROllA ALLBY: THENCE NORTH ALONG SAID CENTERLINE OF 'DIE DOWNING-CORONA ALLEY, SAID CBllTBRLID BEING ALSO 'BIB BOUNDARY OF 'mE NOW BXISTillG R-1-C RESIDENTIAL ZONE DISTRICT, TO 'DIE POINT OP BEGINNING ALL IN THE Cift OP ENGLEWOOD, COUNTY OF ARAPAllOB, STATE OF COLORADO. (Bill copied in full in official minute• of June 15, 1964) COUllCILMAN FULLERTON MOVED, COUNCILMAN RICE SBCX>llDBD, 'DIAT THE PROPOSED BILL BB PASSBD ON FIRST READING AND ORDERED PUBLISHBD IN PULL IN THE ENGLEWOOD HERALD AND Bll'l'BRPRISB. Upon the call of the roll, the vote reaulted as follows: ·1· ~ r 'I I I I I I I Minute• of July 20, 1964 Aye•: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Love. lfaya: None. Abaent: Councilman Braun. 'l'he Mayor declared the motion carried. PRBSBNTATION OP FIVE Yr.AR Pilf TO MR. WBISHAUPL The Mayor recognized Mr. Robert J. Weiahaupl, member of the Blection Commi••ion, and former member of the Charter Convention, and a•ked him to atep forward to receive a five year volunteer service award which he waa unable to receive at the regular award• dinner, due to the fact that he wa• out of town. Mr. Weiahaupl received the pin and expressed hi• appreciation of being able to work for hi• City in the varioua capacities. 632-72 REZONING OP CITY PARK AND ADJOINillG ARBAS TO B-1 COUNCILMAN FULLERTON MOVED, OOUNCILMAN RICE SBCOllDBD, THAT THE PUBLIC HEARING Olf '1'BB UZOlfING OP THE CITY PARK AND ADJACENT ARBAS 1"RClt R-1-A TO B-1 BB OPENED. Upon the call of the roll, the vote resulted aa follow•: Aye•: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Love. Haya: None. Abaent: Councilmen Braun. 'l'he Mayor declared the motion carried. The Mayor asked how many were present in favor of the proposed rezoning. There ware four present. The Mayor asked if there were any present in opposition. There w.r• three preaent in oppoaition. The Mayor aaked that thoae in favor speak fir•t and that time would be given for those in oppoaition to •peak and a period allowed for rebuttal. Mr. Harold Ruat, President of the Chamber of commerce, spoke on behalf of the five hundred member• of the Chamber and urged approval of the proposed rezoning. The Planning Director spoke of the background on th• reque•t for rezoning and the finding• of the Planning Conmisaion. Copie• of the finding• were previously included in minutes of the Planning Commiaaion meeting and excerpts from those meet- ing• including the finding• were passed to the councilmen preaent. She reviewed the many conaiderations which led to the adoption of the City Park alte of the former KLZ transmitter as well as the basis for the resoning request before the Council thi• evening. She discussed the screening •trip which waa propoaed on the north edge of the area to protect the residence• and diacuaaed the many problem• with reqard to traffic circulation as well aa •creening which had been con•idered and th• rea80n for the deciaions as recommended by the Planning Commi••ion. She atated that the Planning commission reconmended the rezoning aa requested. Mr. Walt Jorgenaen, President of the School Board, echoed the plea of the Challber of COlllD8rce that the rezoning be gaanted. Be •poke of the value to the School Diatrict in tax advantages of the propcmad development. Mr. Nate Burt, business property owner1 operator of Burt Chevrolet Company, expressed hi• interest in the development of th• park land into a shopping area. Be atated that the retail sales produced in downtown Bnglewood are decreasing at an alarming ~ate and this decrease will soon -1effect the revenues of the City. Be apoke of the competition to the downtown Englewood area by the number of shop- ping center• recently constructed nearby. He •poke favorablly of the proposed park redevelopment to be achievrd through expenditure of the monies derived from the •ale of the park land. He noted the propoaed development would increase the asaesaed valuation of the City as well as provide aa much a• $500,000 a year in new sale• tax revenue. He expreaaed the view that the City baa everything to gain and nothing to lose by favorablly considering the rezoning. Mr. Robert Montgomery, Manager of the local J. c. Penney Store, past president of the Chamber of Conmerce, spoke of the plan •operation Survival" which led to the appointment of the Citizens Action Committee appointed for the purpose of improving the business atmosphere. He expressed the view that the proposed redeveiopment of the downtown area was a direct result of the action of the Citizens Action Committee and of other interested persons and urged that it be approved. Mr. Jack Eachon, President of the Firat National Bank, Vice-Chairman of the Citizen• Action Committee, spoke briefly on behalf of the Chairman who was unable to attend. He reviewed the commercial development in Englewood and the development of shopping centers cklrrounding Englewood. He expr•••ed the view that the presently ataqnating tax base must be rejuvenated by the development of the downtown area. Be reviewmd that the queation of the aale of the downtown park site had been approved by the voters by a margin of nearly two to one. Be urged on behalf of the Citizens Action Committee the favorable rezoning of the site. 466 Minute• of July 20, 1964 Mr. Ray Ludwig, Realtor 2282 South Ogden, offered further that the present City council, as had the past City council run for office on the platform of sup- porting the shopping center development. He urged the council grant the rezoning. Mr. Lee Bennett, Manager of the Chamber of Colll\erce, noted that retail aales in Engi.wood had dacreaaad $6,000,00CWhile other communiti•• had increased as much as fifty per cent. Ha noted that Englewood had dropped from its one time dominant position as a buainess center in Colorado. Mr. George Johnson, 2401 south Peco•, spoke on behalf of rezoning for a sel- fiah motive, namely, wanting a bridge constructed over the South Platte River at Dartmouth Avenue. He noted further that the pr•••nt park location is not a good place for a park and favored the change toward more of a neighborhood park plan. The Mayor asked if there were any other• to speak for the rezoning. There were none. The Mayor aaked if there were any to apeak againat. Mr. Elmer Reed, 3400 South Cherokee, spoke on behalf of himaelf and as an officer of the Save the Park Aasociation. He atated that he and the other owners aurrounding the proposed aite have the aame right• a• those who opposed the deve- lopment of Cinderella City on the KLZ tranamitter aite. He commented that the members of the City council wewe elected for their stand on the erection of a shopping center on the KLZ transmitter site not on the major park site in Englewood. He stated the sale price was $1,000,000 which is basically the value of the land and not the improvements. He commented that the improvements are irreplaceable and further that the sites proposed are not good ones or equivalent to the present park. ·· Mr. Read noted that those favorable to the rezoning have a vested interest in the matter and spoke of the Citizens Action COamittee appointment to study the downtown area but in reality it fostered a plan for the aale of tke park for commercial development. The various public hearing• on the matter conducted by the Citizen• Action committee did not provide adequate publicity of the issue and the election on the sale of the land should have been restricted to tax payers as it definitely effects the tax base of the City. He apoke of the Save the Park group plan to bring the matter to referendum. Be also noted that a peti~ion had been filed with the City Clerk aigned by thirty- three residents of the area. The City Clerk read the petition as followsz "PETITION OF PROTBST We, the underaigned owner• of the properties at the address and with the legal description listed opposite our names, do hereby proteat the passage of Peoples Ordinance No. 1, rezoning the land area from R-1-C to B-1, for the reason that we purchased these properties in reliance upon the continued existence of residential zoning in the immediate area, and because of the fact that Council has no legal right to rezone said properties for the purpose of complying with the contract for sale thereof to the Rew Bnglewood C011pany.• Mr. Robert J. Weiahaupl, 3290 south Delaware, spoke as an individual to pro- test the rezoning. Ha reviewed that he is immediately aero•• the street from the proposed commercial development. He bought hi• house in a good reaidential area and objected to the buaineas activity adjoining hi• land and the proballlle relecat- ing and narrowing of Floyd Avenue adjoining his house. Mr. William Hix, 3290 South Cherokee Street, Preaident of Sawe the Park Asaociation, spoke against the use of the park and non-reaidenta of the area speaking in favor of the aale. 'ftle City Clerk noted that he had received a letter from Mr. M. M. Summers, dated July 15, 1964, presenting arguments againat the propoaed rezoning and indi- cating his inability to attend the meeting. The Mayor aakad if there were anyone el•• who wiahed to apeak against the re- zoning. There were none. He asked thoae in favor to preaent their arg~ants i1 in r~ttal. Mr. Jack Eachon spoke briefly of Reverend Hahn's invocation and his references to the desire• of the minority and wishes of the majority and that all may be heard •ut the desires of the majority must be the guide for the Council. He stated that the election on the sale of the park clearly ••t• forth the view of the majority in this area. Mr. Dick Lone, President of the Junior Chamber of Conaerce, indicated that organization was vitally interested in the propoaal and apoke briefly of the varioua park areas propoaed for development and atated that all had a good potential for thi• service. Ha noted that present park aite uaed to be a awamp. He commented that when the neighborhood aites are developed he and his family will make regular uae of the park and recreation facilitiaa. The Mayor aaked if there were anyone who wiahed to apeak on rebuttal againat the rezoning. Mr. Elmer Reed queationad the eatimated value of aales tax receipt• at $500,000. He commented that a proposed tax and revenue advantage are highly theoretical and far from being definite. I I ,, I I I I I Minute• of July 20, 1964 Mr. Charles Richardson, 3115 South Fox Street, inquired as to general arrange- ment• for the •ale of the park and guarantee• of th• proper uae of the money. The Mayor and City Manager answered his queation• in a 9eneral way indicating that the figure• were estimates but that every effort would be made to provide the park de- velopment proposed or even greater if poaaible. The Mayor aaked if there were any other• that wiahed to apeak. There were none. COUNCILMAN ALLEN MOVED, COUNCILMAN FULLBR'IW SBCOHDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote reaulted aa follow•: Aye•: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Love. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 'ftle Mayor aaked the Council's desire• aa to conaideration of the bill for an ordinance. Councilman Rice noted that no new evidence had been presented, there- fore, he felt the bill ahould be acted upon. Introduced as a Bill by Councilman Braun A BILL FOR AN ORDINANCE REZONING FRCM R-1-C (SINGLE FAMILY RESIDENTIAL) TO B-1 (BUSINESS) CERTAIN PROPERTY LOCATED IN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, CCMIONLY KNOWN AS THE ENGLEWOOD CrrY HALL LAND MID CERTAIN PROPERTY ADJOINING SUCH LANDS TO 'ME WEST, MORE PARTICULARLY DESCRIBED THEREIN. The Mayor noted that the bill had been read in full at ita introduction before the Council and included in the notice of the public hearing, therefore, waa not required to be read in full at thia time. COUNCIIMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE PROPOSED BILL BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Nay•: None. Absent: Councilman Braun. The Mayor declared the motion carried. 642-6 PROCEEDINGS OF PLANNING AND ZONING COMMISSION MEETING OF JULY 16TH The Mayor asked that the minutes be received and placed on file. 642-7 PROCEEDINGS OF WATER AND SEWER BOARD MEETING OF JULY 14TH The Mayor asked that the minutes be received and placed on file. 641-21 Regarding inclusion of parcel in South-Baa!, Englewood Water District 'ftle City Clerk read the following recommendation of the Water and Sewer Board in full: "That upon receipt of a proposed supplemental agreement from the South-Bast Englewood Water District for the incluaion of Tracts 295 and 296, Section 13, Township 5 South, Range 67 Weat, South Denver Gardena, Arapahoe County, except the eaaterly 203.15 feet thereof: and, providing for one water tap only for the existing houae thereon, such supplemental agreement be approved and properly executed." The City Manager explained this location waa on South Univeraity Blvd. Diacuaaion ensued. COUNCILMAN FULLERTON MOVED, COUNCii.HAN RICE SBCOHDBD, THAT THE RECOMMENDATION BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AGREJ!MENT ON BBBALF OF 'niE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Love. Nays: None. Abaent: Councilman Braun. The Mayor declared the motion carried. Minutes of July 20, 1964 642-22 Regarding inclusion of parcel of land in Southgate Sanitation Diatrict The City Clerk read the following recommendation of the Water and Sewer Board in full: "That the following described lands be allowed to annex to Southgate Sanitation Diatrict, by Supplemental Agreement. Tract• 24, 25, 26 and 27 in Section 21, Townahip 5 South, Range 67 Weat, Clark COlony, Arapahoe County, COlorado." 'l'he City Manager reported that the tract waa located on South Quebec Street. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT '!HE RECOMMENDATION BE ACCEPTED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. councilman Fullerton asked about the South-Eaat Englewood Water District negotiations. Councilman Kreiling discussed recent development•. 642-4 PROCEEDINGS OF BOARD OF ~S'DtENT AND APPEALS MEETING OF JULY STH The Mayor asked that the minutes be received and placed on file. 642-23 Recommendation for .!!'.! Encroachment .2!! City Property 3348 South Emerson The City Clerk read the following recommendation from the Board of Adjustment and Appeals~ "The Board of Adjustment and Appeals recommends to the City Council for their consideration of approval the following requeat made by Earl R. Seago, 3348 South Bmerson, for a retaining wall approximately 12 feet long on the north property line to be approximately 16 inches high on the east end tapering to 0 inches on the west end. The west end to encroach upon City property." Discussion eaaaad. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONmED, 'nlAT THE RECOM- ~TION BE APPROVED AND AN AGREEMENT FOR THE ENCROACHMENT BE DRAWN FOR THE SIGNATURES OF THE MAYOR AND CI'!Y CLERK ON BEHALF OF THE CI'!Y AND THAT THE SAME BE EXECUTED AND RECORDED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Love. Nays: None. Absent: Councilman Braun. 'l'he Mayor declared the motion carried. 642-3 PROCEEDINGS OF PARKS AND RECREATION COMMISSION MEETING OF JULY 7TH The Mayor asked that the minutes be received and placed on file. RECESS 'l'he Mayor called a recess of the City Council at 10:00 P.M. CALL TO ORDER The Mayor called the meeting to order and aaked the Clerk for roll call. Upon the call of the roll, the following Councilmen were preaent: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. The Mayor declared a quorum present. 632-72 Relating £2 Contract with New Englewood Company .£2!: Floyd Avenue The City Clerk read the following recommendation of the City Planning and zoning commission: "The Planning Commission recommends to the City Council that the contract submitted by the New Englewood Company dated July, 1964, be approved with the provision that adequate watering facilities be installed in the planting strip prior to completion of construction." I I , I I I I I I Minutes of July 20, 1964 The Mayor asked Mrs. Romans, Planning Director, to review the recommendation and the proposed agreement on behalf of the Council. The Planning Director re- viewed that three different contracts had been considered in the past and discussed the various provisions of the plans. She then discussed the final plan which pro- vided both east and west traffic on West Floyd Avenue with a planting strip in between andpointed out the arrangement on a map. The Planning Director introduced for the Council'• information the petitions which had been submitted in support of a two-way street signed by 137 residents adjoining the street as well as those indicating approval of the second screening plan which provided for cul-de-sacs at the intersections which did not go through signed by twelve persons. A letter from the Englewood Merchants Association signed by Bill Patrick, President, indicated approval of the two-way traffic on West Floyd Avenue. 'l'he City Attorney reported that he had reviewed the contract and indicated his approval of the contract legally. The provision for irrigation of the planting strip ~s discussed and as the maintenance of the strip rested with the subdivider adequate provision for irrigation would be provided. The City Manager discussed the provision for authorization to enter into the streets granted to the New Englewood company. He stated that this was for the pur- pose of giving clear authority for the contractor to enter upon other city-owned land in the form of the streets immediately adjacent to the improvements on Floyd Avenue. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE COUNCIL ACCEPT THE RBC<»IMENDATION AND FAVORABLY APPROVE THE FINAL AGREF.MDT AS PROPOSED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. CITY ATTORNEY'S CHOICE 641-84 Relating to Drainage Ditch between Bast Dartmouth and East Eastman Avenues The City Attorney reported that he had prepared a bill for an ordinance vacat- ing the drainage easement between Lot• 4 and S, Christensen Subdivision and providing for a drainage culvert through the easement. Discussion ensued. Introduced as a Bill by Councilman Fullerton A BILL FOR AN ORDINANCE AUTHORIZING THE CONVEYANCE TO THB ABUTTING PROPERTY OWNERS OF A CBR'l'AIN DRAINAGE WAY LOCATED BETWEEN LOTS 4 AND 5, CHRISTENSEN SUBDIVISION, ARAPAHOE COUNTY, COLODDO, TO BE COVERED BY SAID ABUTTING OWNERS, EXCEPT FOR AN BASBMBRT FOR UTILITY PURPOSES TO BE RETAINED BY 'ftlE CITY OF ENGLEWOOD. 8E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO~ Section 1. The Mapor and City Clerk of the City of Englewood are hereby authorized to convey to the abutting owners the following described drainage way, except for an easement for utility purposes, the description of each tract to be conveyed being as follows: Beginning at the southwest corner of Lot 4, Christensen Subdivision, City of Englewood, County of Arapahoe, State of COlorado: thence Bast along the south line of said Lot 4, a distance of 140 feet: thence South along the east line of Lot 4 extended a distance of 8 feet: thence West and parallel to the south line of said Lot 4 a distance of 140 feet to the west line of said lot 4 extended: thence North along the west line of said Lot 4 extended a distance of 8 feet to the point of beginning. Beginning at the northwest corner of Lot I, Christensen Subdivision, City of Englewood, County of Arapahoe, State of COlorado: thence Bast along the North line of aaid Lot I a distance of 140 feet to the east line of said Lot 5: thence North along the east line of said lot 5 extended a distance of 8 feet: thence West and parallel to the north line of said Lot 5 a distance of 140 feet to the west line of said Lot 5 ex- tended: thence South along the west line of said Lot S extended, a distance of 1 -1eeet.c to'L cher po·int of beginning. Section 2. In consideration therefor said owners shall cover said drainage way and place therein a pipe for the flow of water through said drainage way according to the specifications and subject to the approval of the City Engineer of the City of Englewood. Minutes of July 20, 1964 Section 3. The City of Englewood •hall pay one-half of the coat of covering aaid drainage way, estimated at $1,850.00, the other half to be paid by the abutting owners. Section 4. In conveying said drainage way the City shall retain an easement therein for the parcels described in Section 1 above for utility purpose. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 20th day of July, A.O. 1964 and ordered published in full in the Englewood Herald and Enterprise. Mayor ATTEST: was read for COUNCILMAN FULLERTON MOVED, COUNCILMAN RICB SBCC.DBD, THAT THE PROPOSED BILL POR AB ORDINANCE BE PASSED ON FIRST READING AND ORDBRBD PUBLISHED IN FULL IN THE DIGLBWOOD HERALD AND ENTERPRISE •. Upon the call of the roll, the vote reaulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. RELATING TO TELEPHONE FRANCHISE The City Attorney reported that he had received indications of intereat fran the COlorado Municipal League as well as other cities in the State as to the test suit brought against the Telephone Company for not having a franchise with the City of Englewood. 642-24 RELATING TO ENGINEERING CONTRACT FOR WATER DISTRillUTION SYSTEM ANALYSIS The City Manager reported that he had discussed details of a study of distribu- tion aystem of the City of Engl9WC>Od under several various alternatives of demand and supply circumstances. He recOlllllended that a contract for the study be entered into with Parker and Underwood, Inc., Engineers of Englewood, Colorado, at a total fee of $11,500 to be paid upon the completion Of the study. He commented that should any portion of the program set forth by the study be completed by the Engineers the fee would be credited toward charges for the additional plans and specifications. Discussion ensued. COUHCILMAN FULLERTON MOVED, COUNCIIMAN RICE SECONDED, THAT THE ENGINEERING COl1TRACT POR WATER DISTRIBUTION SYSTEM STUDY AND ANALYSIS BY PARKER AND UNDERWOOD, DIC., DGINBBRS, BE APPROVED AND THE MAYOR AND CI'lY CLERK BE AUTHORIZED TO SIGN TBB SAMB ON BEHALF OF 'nlE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Bays~ None. Absent: Councilman Braun. The Mayor declared the motion carried. j ' Councilman Kreiling inquired if the Water and Sewer Board was acquainted with the proposed study. The City Manager stated that he had talked ~ith the Chairman of the Board, the Mayor, the Utility Director and Secr~~•ry of the Board. Councilman • Kreiling asked the City Manager to officially inform th«\_ Water Board of this action and the extent of the study so that they may be kept abreast of the wa•er development• •• REQUEST FOR CAR WASH The City Manager reported he had received a request from Sue Railey of the Upper Division of the Englewood SWinming Team for permission to have a car wash on Saturday, July 25th as a money making measure to help finance the cost of sending the team to the AAU Meets to be held in Grand Junction, Colorado. Discussion ensued. I II I I Minute• of July 20, 1964 Section 3. The City of Englewood shall pay one-half of the cost of covering said drainage way, estimated at $1,850.00, the other half to be paid by the abutting owners. Section 4. In conveying said drainage way the City shall retain an easement therein for the parcels described in Section 1 above for utility purpose. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 20th day of July, A.O. 1964 and ordered published in full in the Englewood Herald and Enterprise. Mayor ATTEST: waa read for the COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE PROPOSED BILL POR AB ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE DGLBWOOD HERALD AND ENTERPRISE •. Upon the call of the roll, the vote resulted aa follow•: Ayea: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Haya: None. Abaent: Councilman Braun. The Mayor declared the motion carried. RELATING TO TELEPHONE FRANCHISE The City Attorney reported that he had received indications of intereat from the Colorado Municipal League as well as other cities in the State as to the test auit brought againat the Telephone Company for not having a franchise with the City of Englewood. 642-24 RELATING TO ENGINEERING CONTRACT FOR WATER DISTRI8UTION SYSTF>t ANALYSIS The City Manager reported that he had discuaaed details of a study of distribu- tion ayatem of the City of Engl.wood under several varioua alternatives of demand and supply circumatancea. He recommended that a contract for the study be entered into with Parker and Underwood, Inc., Engineer• of Englewood, Colorado, at a total fee of $11,500 to be paid upon the completion of the atudy. He commented that should any portion of the program set forth by the atudy be completed by the Engineers the fee would be credited toward charges for the additional plans and apecificationa. Diacusaion ensued. COUNCILMAN FULLERTON MOVED, COUNCIIJ.tAN RICE SECONDED, THAT 'nlE ENGINEERING COlfTRACT FOR WATER DISTRIBUTION SYSTEM STUDY AND ANALYSIS BY PARKER AND UNDERWOOD, DIC., DGIDBRS, BE APPROVED AND THE MAYOR AND CI'l'r CLBRK BE AUTHORIZED TO SIGN 'ftlE SAMB ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted aa follow•: Ayea: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Nays.a. None. Abaent: Councilman Braun. The Mayor declared the motion carried. Councilman Kreiling inquired if the Water and Sewer Board was acquainted with the proposed study. The City Manager stated that he had talked ~ith the Chair~n of the Board, the Mayor, the Utility Director and Secr.~~•ry of the Board. councilman • Krail.in g asked the City Manager to officially inform th~ .. Water Board of this action and the extent of the study so that they may be kept abreast of the wa-er development• •• REQUEST FOR CAR WASH The City Manager reported he had received a request from Sue Railey of the Upper Diviaion of the Englewood SWinming Team for permiasion to have a car wash on Saturday, July 25th aa a money making measure to help finance the coat of sending the team to the AAU Meets to be held in Grand Junction, Colorado. Diacuaaion enaued. ii I I I I I I Minutes of July 20, 1964 COUNCILMAN FULLERTON MOVED, COUNCILMEN ALLEN AND RICE SECONDED, THAT THE CAR WASH BE AUTHORIZED AS A REVENUE MEASURE FOR THE ENGLEWOOD SWIM TEAM. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Raya: None. Abaent: Councilman Braun. The Mayor declared the motion carried. APPOIN'!MENT OF CITY CLBRK-TRBASURER The City Manager reported that in reapoaae to a resignation submitted by City Clerk-Treasurer Beauaang, effective July 31, 1964, that he had located a very well qualified man by the name of Raymond L. Chase, who until recently was the Administrative Director of the Public Work• Department in the City andCounty of Denver. He held thia position for approximately twelve years. He stated that Mr. Chase would officially take office August lat although it appeared he would be able to work for a week with Mr. Beausang. 641-76 APPOilf'lKENT OF INDEPENDENT AUDITOR FOR 1964 Councilman Kreiling inquired as to the status of the appointment of the auditor. The City Mana99~r atated that he was reviewing the qualifications of the auditors available and would have a report on this matter very soon. COUNCILMAN'S CHOICE councilman Rice reported to the members of the Council that in the recent Urban Mayors' Association Golf Tournament, held at the Broomfield county Club, that Bnglewodd councilman Allen was the winner. The Mayor congratulated Councilman Allen on his victory and expressed pleasure at having the McLellan Trophy in the City of Englewood for the coming year due to councilman Allen's golf prowess. councilman Fullerton reported on the air pollution study group and inquired whether a resolution for the adoption by Englewood to indicate its participation in the program had been received. The Mayor reported that he had received this resolution and would introduce it to the Council aoon. councilman Kreiling inquired as to the appointment of members to the Metropolitan Transportation Study Conwnittee. He reminded the Council that two repreaentativea were needed, one on the Policy committee and one on the Technical Coaaittee. He suggested that the City Engineer be appointed to the Technical Committee. Discussion ensued. There was no action on this matter. ADJOURN COUBCILMAN FULLERTON MOVED, COUNCILMAN HANSON SBCONDED, THAT THE MEETING BE ADJOURBED. Upon the call of the roll, the vote reaulted as follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Love. Nays: Bone. Absent: Councilman Braun. The Mayor declared the meeting adjourned at 11:30 P.M., Monday, July 20, 1964. /•/ B. o. Beausang, City Clerk Clerk of the Council The minutes of the meeting of the City council of the City of Englewood, COlorado, held on the 20th day of July, 1964 A.D., stand approved as written this 3rd day of August, 1964 A.D.