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HomeMy WebLinkAbout1964-09-21 (Regular) Meeting MinutesI I I I 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. SOS' 5tJb 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 ' 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. 'I I I I I I I ii 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. -0 WWW <":I . 5t,.7 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. 'I I I I I I I 'I 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. 315 .!;-tJ ;· aat SJ . 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. :I I I I I I I I 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. <£2.. a1-e___,,__ fJity Clerk ~ $/j