HomeMy WebLinkAbout1964-09-21 (Regular) Meeting MinutesI
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RBGULAR MEETING:
COUNCIL CHAMBBRS
CITY OF ENGLEWOOD, COLORADO
SEPTEMBBR 21, 1964
The City Council of the City of Englewood, Arapahoe County, Colorado, met on
Monday, September 21, 1964, in the Council Chamber•, City Hall, Englewood, at the
hour of 8:00 P.M.
Mayor Love presiding called the meeting to order and the invocation was given
by the Reverend Allen Strong of the Firat United Prebyaterian Church.
The Mayor asked for roll call. Upon the call of the roll, the following persona
were preaent:
Councilmen: Allen, Braun, Fullerton, Hanaon, Kreiling, Rice, Love.
Also Present: City Manager Dial,
Administrative Assistant Malone,
Assiatant City Attorney Myrick,
City Clerk Chase.
Absent: None •
The Mayor declared a quorum present.
Dr. w. w. Maercklein, M.D. was present to receive an award from Mayor Love and
member• of the City Council for twenty years aervice as Police Surgeon.
Captain William Hamilton and Li•utenant Bruce Donald were present on behalf of
the Bnglewood Fire Department to receive recoqnition for said Department's effort
in attaining for Englewood the Governor'• Clean Up Campaign award for 1964.
Mr. James Hensel, 2980 South Ogden, was preaent in regard to storm drainage.
The grates which were formerly loose and could be removed by the citizens of the
area have now bean welded down so that debris collects in them damming up the water.
It was noted that the grates must remain flat, so a• not to creat a hazard that
would make the City of Englewood liable. Mr. Gu• Guerin, 2995 South Ogden, also
appeared before council in regard to this matter. The Council agreed to refer this
back to the City Manager for further engineering study.
BNCROACHMBNT OF FENCE & PAVIRG 5001 SOUTH BROADWAY
Mr. Bill Crouch of Southside Chryaler-Plymouth and Mr. F. Thomas Zack of the
Chrysler Corporation were present in regar• to the erection of a fence on City
property in the 5000 block on South Acoma Street. Diacuaaion ensued.
OOUNCII.HAN RICE MOVED, COUNCII.HAN FULLDTOB SBCOllDBD, THAT A PROPER CONTRACT
BE DRAWN BY THE CITY ATTORNEY TO ALLOW SOU'l'HSIDB CllRYSLBR-PLYMOU'M TO ERECT A
FBllCB ON CITY PROPERTY WITHIN EIGHTEEN INCBBS OF THB SIDEWALK. Upon the call of
the roll, the vote •e•ulted as follows:
Aye•: Councilmen Allen, Fullerton, Hanson, Rice, Love.
Nays: Councilmen Braun, Kreiling.
Abaant: None.
The Mayor declared the motion carried.
HEARING ON ANNEXATIOIJ -DB MOULIN PROPERTY
COUNCILMAN FULLERTON MOVED, COUNCILMAN HAllSOIJ SBCOIJDBD, 'MAT THE PUBLIC HEAR-
IIJG OB THE PROPOSED ANNEXATION BE OPENED. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanaon, Kreiling, Biae.,, Love.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
No persona appeared in opposition to this annexation.
COUNCILMAN BRAUN MOVED, COUNCILMAN RICB SBCOBDBD, THAT 'l'HE CITY ATTORNEY PREPARE
LBGAL DOCUMENTS FOR AFFECTING THIS ANNEXATIOIJ. Upon the call of the roll, the vote
resulted as follows:
Ayes: . Councilman Allen, Braun, Hanaon, Kreiling, Rice, Love.
Haya: Qouncilman Fullerton.
Absent: None.
The Mayor declared the motion carried.
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Minutes of September 21, 1964
RESIGNATION FROM ELECTION COMMISSION
The Council acknowledged a letter from Mr. Robert J. Weiahaupl submitting his
resignation from the Election Cormnission.
COUNCILMAN BRAUN MOVED, COUNCILMAN ALLEN SBCX>RDBD, THAT THE RESIGNATION BE
ACCBPTBD. COURCILMAN FULLERTON AMENDED THAT MR. WBISBAUla BE SEH'l' A LETTER IN
RBOOCDJITIOR OF HIS FIVE YBARS OF SERVICE ON THE BOARD. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Raya: None.
Absent: None.
The Mayor declared the motion carried.
REPLACE ON ELBCTIOR OOMMISSION
COURCIIMMI ALLBN MOVED, CX>UNCILMAN BARSOR SBOOllDBD, THAT MR. HARRY FLEENOR,
3383 SOUTH CORONA, BB APPOINTED TO THE URBXPIRBD TERM OF MR. WBISHAUPL. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Hanson, Kreiling, Rice, Love.
Raya: Councilman Fullerton.
Absent: None.
The Mayor declared the motion carried.
LETTER TO MR. VIRGIL O. LOHOFF
Tbe City Manager had presented to city Council a letter written to Mr. Virgil
O. Lohoff, 3388 South Washington Street, with regard to excessive noise by the
•team boilers at SWediah Hospital. The Council agreed there was no further action
necessary.
PLANNING & ZONING CaotISSION MEETING OP SBPTDIBER 9, 1964
The council considered the reommendation of the Commission recommending zon-
ing of the recently annexed area south of Belleview Avenue and east and west of South
Broadway. The Council ruled for the City Attorney to prepare the proper ordinance
to accomplish the recommended zoning.
MINTUES OF WATER AND SEWER BOARD -AUGUST 31, 1964
The Council considered the recommendation of the Water and Sewer Board whereby
they recommended that the Ferguson tract be included in the Valley Sanitation District.
COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECORDBD, THAT THB FERGUSON TRACT BE
IRCLUDBD IN THE VALLEY SANITATION DISTRICT. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, nctve.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
SOUTH ARAPAHOE SARITATION DISTRICT
The council considered the recommendation of the Water and Sewer Board to in-
clude the Fox tract in the South Arapahoe Sanitation District.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SBCONDBD, 'nlAT THE FOX TRACT BE
INCLUDED IN THE SOUTH ARAPAHOE SANITATION DISTRICT. Upon the call of the roll, the
vote resulted as follows:
Ayes: councilmen Allen, Braun, Fullerton, Hanson, Kreiling,.Rice, Love.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
SOUTHEAST ENGLEWOOD WATER DISTRICT
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The Council considered the recommendation of the Water and Sewer Board that
tract in the Conway Addition be included in the Southeast Englewood Water District.
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Minutes of September 21, 1964
COUNCIUQN ALLEN MOVED, COUNCILMAN RICE SECORDBD, THAT TRACTS IN THE CONWAY
ADDITION BE INCLUDED IN THE SOUTHEAST ENGLEWOOD WATBR DISTRICT. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanaon, Kreiling, Rice, Love.
Nays: None.
Abaen t: None •
The Mayor declared the motion carried.
MINUTES OF LIBRARY BOARD
The council received the minutes of the Library Board meeting of September 8,
1964.
NON CONFORMING USES
Introduced as a Bill by Councilman Braun
A BILL
POR AN ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLBWOOD,
COLORADO, RELATIVE TO ZONING BY ADDING THERETO A NEW SECTION 22.2-6c(7) AS TO THE
JURISDICTION OF THE BOARD OF ADJUS'lMENT AND APPBALS AS TO GRANTING VARIANCES AND
Atn'BORIZING THE SAID BOARD TO STAY THE EFFECTIVE DATE OF ORDERS ISSUED BY THE
BUILDING INSPECTOR.
BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP BNGLEWOOD, COLORADO:
Section 1. Section 22-2-6 of the Municipal Code of the City of Englewood,
Colorado, relative to zoning, and the jurisdiction and powers of the Board of
Adjustment and Appeals, is hereby amended by adding thereto a new Section 22.2-6c(7)
aa to the granting of variances which shall read aa follows:
"22.2-6c(7). Whenever the Building Inapector has issued an order
to cease and desist from the operation of dwelling units in
excess of the number authorized by thi• ordinanee, and the Zoning
Board of Adjustment and Appeals alao find• that literal enforce-
ment of the provisions of this ordinance by reaaon of unique
and exceptional circumstances including phyaical condition, age,
and/or other factors aa deemed to be unique or exceptional will
result in unnecessary hardship, then and in that event the Board
may order a delay for a reasonable period of time not to exceed
the total period of time which would have been permitted under
other provisions of this ordinance if properly reqiatered. Any
such variance granted by the said Board ahall apply only to permit
continued operation of legal non-conforming uaea to be registered
at any time upon evidence of legal documentation or other evidence
that the use was allowed by the City or aome agency thereof at
some previous time, or any other agency having jurisdiction at the
time of original construction. 'l'he payment of a buainess and occupa-
tional license fee or other similar fee or tax •hall not be deemed
to have legalized an illegal uae. The Board cannot by virtue hereof
permit the registration or continueance •n uae of an illegal use.
Any such variance allowed by the Board shall be deemed to be appli-
cable to the property and not a peraonal variance applicable to
the person or persona applying therefor. All such actions by the
Board shall be recorded in the off ice of the Clerk and Recorder
of Arapahoe County, Colorado."
Passed on First Reading by the City Council of the City of Englewood, Colorado,
this 21st day of September, A.D. 1964, and ordered publiahed in full in the· Engl8Wood
Herald and Enterprise.
Mayor
ATTEST:
CdP7!3_.
-ciycrer'k
waa read for the first time.
COUllCILMAN BRAUN MOVED, COUNCILMAN PULLBR'IOll SBCO!IDBD, THAT THE BILL BE
AMBRDBD. Upon the call of the roll, the vote reaulted aa follows:
Ayea: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
llaya: None.
Absent: None.
'l'he Mayor declared the motion carried.
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Minutes of September 21, 1964
caINCILMAN BRAUN MOVED, COUNCILMAN FULLBRTOR SBOOlfDBD, THAT THE BILL BE
PASSBD ON FIRST READING AND ORDERED PUBLISHED IN PULL IN THE BNcmEWOOD HERALD
Alfi> BllTBRPRISE. Upon the call of the roll, the vote reaulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanaon, Kreilin9, Rice, Love.
Nays: None.
Absent: None •
The Mayor declartld the motion carried.
SALE OF CITY LAND TO DALB H. REA
Introduced as a Bill by Councilman Rice
BY AUTHORITY
ORDINANCE NO. 19, SBRIBS OF 1964
AN ORDINANCE AUTHORIZING THE SALE BY THE CI'l'r OF BNGLBWOOD, COLORADO, TO DM.E
B. RBA OF 'nlE FOLLOWING DESCRIBED PROPERTY LOCATED IN ARAPAHOE COUN'l'Y', COLORADO:
BBGIDDJG 594 FEET NORTH OF THE SOUTHWEST COIU1BR OF SBCTIOH 9, TOWNSHIP 5 SOUTH,
RUGE 68 WEST: THENCE NORTH 89° 59' EAST FOR 565.9 FBBT: BBNCE NORTH 0° 8' EAST
FOR 1206.6 FEET: THENCE a:>RTH 27° 10' EAST POR 238.2 FEBT1 THENCE NORTH 0° 5'
WBST FOR -188 FEET TO THE TRUE POINT OF BEGIDIRG, WHICH POINT IS APPROXIMATELY
60 FBBT SOUTH OF THE CENTER LINE OF BIG DRY CRBBX1 THBNCE NORTH 0° 5' WEST FOR
707.7 FEET TO THE SOUTH BOUNDARY OF THE COUNTY ROAD1 THENCE SOUTH 83° 12' WEST
ALONG THB SOUTH BOUNDARY OF THE COUN'l'Y' ROAD FOR 128.7 FEBT: THENCE SOUTH 6° 48'
BAST FOR 80.S FEET THENCE SOUTH 83° 12' WEST FOR 145 FEET, MORE OR LESS, TO THE
CBllTBR LINE OF 'ME SOUTH PLATTE RIVER: THBBCE SOUTHBRLY AIDNG BE CENTER LINE OF
'l'RB SOtn'H PLATTE RIVER TO A POINT FRC»t WHICH THB TRUE POINT OF BEGINNING BEARS
BORTH 89° 55' EAST: THENCE NORTH 89° 55' EAST FOR 100 FEBT, MORE OR LESS: THENCE
HORTH 99• 55' EAST FOR 200 FEET TO THE TRUE POIHT OF BEGINNING: AND RESERVING TO
THE CITY OF ENGLEWOOD AND TO ALL PRIVATE OWNBRS oa PUBLIC UTILITIES ALL UTILiiY
BASBMEH'l'S NOW OF RECORD AND ALL WATER RIGHTS EXISTING IN CONNECTION WITH SAID
REAL PROPERTY: AND AUTHORIZING THE MAYOR OF THE CITY OF ENGLEWOOD, COLORADO, TO
BXBCUTE AND THE CLERK OF SAID CITY TO ATTEST A QUIT CLAIM DEED TO SAID REAL
PROPERTY TO DM.E H. REA,
COUNCU'MAN RICE MOVED, COUNCILMAN FULLBRTOR SBOONDED, THAT ORDINANCE NO. 19,
SBRIES OF 1964 BE PASSED ON SECOND AND FINAL RBADING AND PUBLISHED IN FULL IN THE
BllGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Allen, Fullerton, Hanaon, Kreilin9, Rice, Love.
Nays: Councilman Braun.
Absent: llone.
The Mayor declared the motion carried.
SUIT OF SANCHEZ VS CITY OF BllGLEWOOD
COUNCILMAN RICE MOVED, COUNCILMAN BRAUN SECONDED, THAT THE CITY ATTORNEY BE
GRANTED AU'DIORITY TO PROCEED IN DEFENSE OF THIS MATTER. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreilin9, Rice,Love.
Nays: None.
AJtsent: None.
The Mayor declared the motion carried.
LEASE OF OLD NORTH SCHOOL
The City Attorney presented a ninety day lease on the City Hall Annex for
execution.
COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECOBDED, THAT THE MAYOR AND CITr
CLBRK BB AUTHORIZED TO EXECUTE THE LEASE ON BEHALF OP THE CITY. Upon the call
of the roll, the vote resulted aa follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanaon, Kreilin9, Rice, Love.
Nays: None.
Absent: None •
'ftle Mayor declared the motion carried.
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Minute• of September 21, 1964
PARKS AND RECREATION CCIUIISa.9N
Mr. Colbert Cushing and Mr. E. P. Romana appeared in regard to the 1965 Parks
and Recreation Coanission budget. They explained the variances that will affect
the 1965 Budget.
COUNCILMAN BRAUN MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE RECOMMENDATION
BE ACCBPTBD. Upon the call of the roll, the vote reaulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
They also presented a letter to the Mayor and City Council pertaining to a
deficit in the Old Timers Baseball program, aaking the City ot pay $518.50 of the
deficit.
COUNCILMAN ALLEN MOVED, COUNCILMAN HANSON SECONDED, TO APPROVE PAYMENT IN THE
MOUBT OP $518 .SO TO BE PAID FROM UNAPPROPRIATED SURPLUS. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Haya: None.
Absent: None •
The Mayor declared the motion carried.
RECESS
The Mayor called a recess of the Council at 10:28 P.M.
CALL TO ORDER
The Mayor called the Council to order at 10:40 P.M. with the following members
preaent:
Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
The Mayor declared a quorum present.
APPLICATION FOR LIQUOR LICBNSE BY 98M
City Manager Dial presented an application for Retail Liquor Store license
for GDI Liquor, 5450 South Broadway.
COUNCILMAN BRAUN MOVED, COUNCILMAN HANSON SBCOHDBD, THAT THE APPLICATION BE
ACCEPTED, THE PROPERTY BE POSTED AND A PUBLIC llBARING BE SCHBDULBD POR MONDAY,
OCTOBBR 19, 1964, 8:00 P.M. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanaon, Kreiling, Rice, Love.
Nays: None.
Abaent: None •
The Mayor declared the motion carried.
SHRINER'S PARADE AND PANCAKE RACE
A request to close South Broadway from Bat•• Avenue to Hampden Avenue on
Saturday, October 10, 1964, between the hour• of 9:45 A.M. and 11:45 A.M •. for a
Shriner'• Parade and Pancake Race waa presented to Council.
COUNCILMAN ALLEN MOVED, COUNCILMAN RICE SECONDED, THAT THE REQUEST BE
AePROVED. Upon the call of the roll, the vote reaulted as follows:
Ayes: councilmen Allen, Braun, Fullerton, Hanaon, Kreiling, Rice, Love.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Mayor Love announced that City Manager Dial would represent the City in the
Pancake Race.
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Minutes of September 21, 1964
OFFER PURCHASE CI'l'r HALL
City Manager Dial presented to Council an offer from Jack E. Waggenblaat to
purchase City Hall.
City Manager Dial recommended to Council that October 9, 1964, be established
aa the deadline for filing of peitiona for Paving District No. 15.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HAllSON SECONDED, THAT OCTOBER 9, 1964,
BE ESTABLISHED AS A DEADLINE FOR FILING PETITIONS ON PAVING DISTRICT NO. 15. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
PARKING TIME ON WEST BAS'lMAN AVENUE
Petition for change in street parking limitation on We•t Eastman between South
Bannock and South Cherokee Streets.
COUNCILMAN BRAUN MOVED, COUNCILMAN RICE SECOllDBD, THAT A PROPER ORDINANCE BE
PREPARED TO EFFECT THIS alANGE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
CITY MANAGER'S REPORT
The City Manager's monthly report waa presented to Council.
HOUSING CODE
A report from Mr. Smith of Inter-County Regional Planning Commission on· the
Housing Code was presented. The Council recommended sending copies to the Housing
Code Committee.
REQUEST FOR USE OF SEMI-TRAILER IN FRONT OF JOSLIN'S
A request from Joslin'& to park a semi-trailer in front of their store for
sale of appliances was discussed.
COURCiutAN BRAUN MOVED, COUNCILMAN ALLEN SBCONDBD, THAT 'DIE REQUEST BE DENIED.
Upon the call of the roll, the vote resulted as follow•:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
It was announced that the Planning Commission would meet on Wednesday,
October 23, 1964, to consider the report of Small-Cooley. Council members were
invited to attend.
CITY MANAGER'S VACATION
The City Manager announced that he would be out of the City on September 28,
29, and 30, 1964 attending the City Managers ·conference in Chicago.
The date of September 25, 1964, is the date for the State Highway Safety
Conference. Councilmen Fullerton and Kreiling to attend.
The matter of City owned land located in the commercial area south of West
Kenyon and North of West Oxford was discuased aa to assessment on Paving District
No. 15.
COUNCILMAN RICE MOVED, COUNCILMAR HANSON SBCONDBD, 'DIAT PROPER CITY OFFICIALS
SIGN THE PETITION FOR ASSESSMENT. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
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Minute• of September 21, 1964
Nays: None.
Absent: None.
'l'he Mayor declared the motion carried.
BRIDGE AT DAR'DIOU'IH
COUNCIU4AN ALLEN MOVED, COUNCILMAN FULLBRTOll SBCOllDBD, THAT THE CITY MANAGER,
CITY EllGillEER AND CITY ATTORNEY PREPARE A OONTRACT WITH '1'BB OONSULTING FIRM OF
LOVBLL-OSllBS-NISBET CC»IPANY TO DRAW DESIGNS FOR A BRIDGE AT DARTMOUTH AND THAT
PROPER '' ~ CITY OFFICIALS SIGN THE AGREEMENT. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Allen, Braun, Fullerton, Han80n, Kreiling, Rice, Love.
Nays: None.
Absent: None •
The Mayor declared the motion carried.
ADJOURN
COUNCIIMAN BRAUN MOVED, COUNCILMAN ALLEN SECONDED, THAT THE MEETING BE
ADJOURNED. Upon the call of the roll, the vote resulted as follows:
Ayes: councilmen Allen, Braun, Fullerton, Hanson, Kreiling, Rice, Love.
Nays: None.
Absent: None.
'ftle Mayor declared the meeting adjourned at 12:00 P.M.
/s/ Ray Chase, City Clerk
Clerk of the council
The minutes of the meeting of the City Council of the City of Englewood,
Colorado, held on the 21st day of September, 1964 A.D., stand approved as written
this 5th day of October, 1964 A.D.
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fJity Clerk
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