Loading...
HomeMy WebLinkAbout1963-12-02 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 2, 1963 RBGULAR MEETING: The City Council of the City of Englewood, Arapahoe county, Colorado, met in regular seaaion on · Monday, December 2, 1963, in the Council Chambers, City Hall, Bngl9WOod, at the hour of 8:00 P.M. Mayor Brownewell presiding called the meeting to order and the invocation was given by the Reverend Allen B. Strong of the Firat United Preabyterian Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Braun, Kreiling, Love, Miles, Parker, Wooda, Brownewell. Also Present: City Manager Dial, Administrative Assistant Malone, City Attorney Each, City Clerk Beausang. Abaent: None. The Mayor declared a quorum present. 632-2 CONSIDERATION OF THE MINUTES OF THB PREVIOUS MEETINGS COUNCILMAN MILES MOVED, COUNCIU4AN WOODS SBCOHDED, THAT THE MINUTES OF THE MBBTillGS OF NOVPXBER 18TH AND 25TH, 1963 BB APPROVED AS WRITTEN. Upon the call of the roll, the vote reaulted aa followa: Ayes: Councilmen Braun, Kreiling, Love, Milea, Parker, Wood•, Brownewell. llaya: None. Abaent: None. The Mayor declared the motion carried. 632-76 CONSIDERATIC. OF APPLICATIONS FOR RBRBWAL OF LIQUOR LICENSES The City Clerk reported that he had received application• for renewal of Liquor Licenses for the following peraona: A. H. Conrardy dba Englewood Liquor Store, 3434 s. Broadway Loyal Order of Mooae, Inc., dba Englewood Lodge Ro. 1793, 3531-35 s. Broadway Mr. Bm>ld E. Adams, Preaident, Plantation, Inc., 5020 s. Broadway CCXJNCIUIAN WOODS MOVED, OOUIJCIIAAN MILES SECONDED, TBA'!' 'ftlE RDEWAL APPLICA- TIOllS FOR 1964 LICBIJSBS BB GRMrl'BD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Milea, Parker, Wooda, Brownewell. Haya: None. Abaent: None • The Mayor declared the motion carried. 632-6 PROCEEDINGS OF PLANNING AND ZONDIG OOMMI88I011 MBBTING OF NOVF.MBER 21, 1963 The Mayor aaked that the minute• be received and placed on file. 632-84 Relating to Enforcement of 1963 zoning Ordinance The City Clerk read the following reocmmendation ef the City Planning and zoning Commission: •1n view of the fact that there is a new zoning Ordinance that the Coamiasion reconwnend that the City Council inveatiqate the practicality and the mean• of enforctaq .the Ordinance aa it now exiata.• Councilman Love discussed the reason for the reconmendation to the Council. Be aaked that the matter be discuased as to the practicality of enforcement, namely, whether the ordinance is workable, what penalties may be available to the Building Inapector or Planning Director, etc. Councilman Braun commented that the City Council cannot enforce and this is an administrative matter and should be handled by the City Manager. Be stated that the City Manager should meet and discuss enforcement of the Ordinance with the Planning Director and Building Inapector. Diacussion ensued with regard to ex>nstruction of apartments in reatricted areas and other violations. Minute• of December 2, 1963 The City Manager reported that he had di•cu••ed the matter generally with the Building In•pector, Planning Director and City Attorney in connection with the preparation of a Hou•ing Code and the problem of non-conforming u•age• throughout the City. The City Attorney •poke further upon the matter and recommended a general tightening of enforcement through the Building In•pector'• Office. The City Manager commented further that the problem of rooms and apartments let during World War II have continued in zones prohibiting •uch usage. The Mayor suggested that penalties be set for those who construct or alter without a Building Permit and that strict enforcement of Building Permit require- ments be established. councilman Kreiling discu••ed the survey work done by the Water Department in connection with up-dating their records and suggested that a review of these records be made as to zoning requirements.. Discu•sion ensued. councilman Kreiling inquired as to the need for a written complaint againet a violation of the ordinance. The City Manager reported that the Building Inspec- tor is charged with this enforcement and that he could act on his own knowledge in filing a complaint on the violation. He would merely need to be informed of the nature and location of the violation. Diacuaaion en•ued. '!he Mayor sunmarized the discussion and that the City Manager is to present a complete report upon the Zoning Ordinance and its operations and enforcement to the new council or as soon as possible. 632-7 PROCEEDINGS OF WATER AND SEWER ADVISORY BOARD MEETINGS OF NOVEMBER 19'l'H & 29TB The Mayor asked that the minutes be received and placed on file. 631-27 Development .2£ Western Slope .Water Rights The City Clerk read the following recommendation of the Englewood Water and Sewer Board: •That the proposed contract between the City of Englewood and Holsam concrete Products company for the construction of the Walden-Hollow- Meadow Creek conduit be rejected on the gxounda that the City baa been unable to acquire all the necessary right-of-way and the contractor as of this date has refused to accept an award in which he can only work on construction as specifically authorized by the Engineer in order to •tay within the presently acquired right-of-way.• COUllCILMAH KRBILIHG MOVED, COUNCILMAN PARKBR SBCOHDBD, THAT THE RBCOMMBHDATION OP 'l'BB WATER AND SEWER BOARD BE ACCEPTED. Upon the call of the roll, the vote re•ulted as follows: Ayea: Councilmen Braun, Kreiling, Love, Milea, Parker, Woods, Brownewell. Haya: None. Ab•ent: Hone. The Mayor declared the motion carried. 632-4 PROCEBDIHGS OF BOARD OF ADJUSTMENT AND APPBALS MEETING OF NOV.EMBER 13TH The Mayor aaked that the minutes be receiv ... and placed on file. 632-3 MINUTES OF PARK AND RECREATION caou:SSION MBBTING OF NOVEMBER 21ST The Mayor asked that the minutes be received and placed on file. Councilman Parker discussed the COnniaaion•a action with regard to the dissolu- tion of the South Suburban Parks and Recreation District. He stated that although the majority had approved the recirculation of petitions for the dissolution he wi•hed to discuss the possibility of the introduction of special legislation for the purpose of allowing Bnglewood, as a Home Rule City, to get out of the District. Diacu••ion ensued. The City Attorney stated that •hould the proposed legislation be included in the Governor's call he would certainly favor that approach over circulating petitions which is costly and time consuming. The Mayor suggested that State Representative Myrick be approached to determine if legislation as discussed could be included in the Governor's call for special session. 'nlere was general agreement on this action. 632-5 PROCEBDINGS OF CAREER SERVICE CC»OIISSION MEETING OF NOVEMBER 13TH & 26Th The Mayor asked that the minutes be received and placed on file. 621-42 RELATING TO SCENIC VIEW SANITARY SEWER DISTRICT ASSESSMENTS The Mayor announced that letters had been received in protest after the public hearing from Mr. Levi J. Beall, Station Manager for KPSC, 2185 Broadway, who had located on a tract of land owned by Francisco v. (Paco) Sanchez, at 3150 South Vallejo Street, which is being used as a radio transmitter site and tower for approximately five years. Bia letter stated that accordingly the protest was made on the grounds that the •ewer installation ia of no behef it to the property as pre•ently and foreaeeably used to the property owner. ·. I I I I I I I I Minutes of .December 2, 1963 The Mayor stated that it was not his intention to reopen the public hearing on the assessments but that it anyone were present to discuss further the written protests he would allow such an appearance. Mr. Beall was present and discussed the current use of the land and reaffirmed the fact there would be no requirement for sewer on the site to his knowledge at any time in the future. Councilman Kreiling asked if there were easements secured from the property on behalf of the District. Mr. Beall stated there was and that the City had purchased the easement required. Discussion ensued. COUNCILMAN BRAUN MOVED, COUCILMAN PARKER SECONDED, THAT THE PROTEST BE RECEIVED 'l'BAT SUCH RECEPTION IS NOT A WAIVER OF ANY OF 'DIE CI'l'Y''S RIGHTS OR RECOURSE DUE TO THE LATENESS OF 'DIE FILING OF THE PROTEST AND THE FAILURE TO APPEAR AT 'DIE HEARING BY THE PROTESTANTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Parker, Milea, Wooda, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. The Mayor announced that a letter had been received from A. G. Ortenqren, representing Cellular Concrete Products of Colorado, Inc. atatin9 that an easement right-of-way had been granted without compensation and that the assessment against the property involved a considerable sum of money, that a hearing on this matter be held at the ear lie ~t convenience of the Council. Mr. Ortengren was present and indicated hi• protest was due to his granting of an easement without compensation to the City and did not anticipate such a substantial assessment for the sewer connection. Discussion ensued. The City Attorney· stated that street right-of-way for development of Harvard Avenue had been received and paid for. Mr. Ortengren commented that he had received nothing for the sewer easement and had connected to the District line in July or August. councilman Love inquired whether Mr. Ortengren had been led to believe that the granting of the right-of-way would be in lieu of an aaaeaament. Mr. Ortengren said he did not believe so but on the other hand did not expect an assessment in the amount of $3,866.05. Discussion ensued. COUllCIUQN LOVE MOVED, COUNCILMAN MILES SBCONDBD, 'DIAT EE PROTEST BE RECEIVED BUT THar SUCH RECEIPT DID NOT WAIVE ANY OF 'DIB RIGlft'S ACQUIRBD BY THE CI'l'Y' DUE TO TllB LATE FILING OF THE PROTEST AND FAILURE TO APPEAR AT 'DIE PUBLIC HEARING BY THE PROTESTANT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Milea, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. George Jolanson asked if another hearing could be held as he had received word that the Public Hearing would not be held on Monday, November 25th which was declared a day of National Mourning and accordingly he had notified many of his friends and neighbors of the Scenic View Area that the hearing would not be held that evening. Discussion ensued. Mr. Johnson reported that there were considerable questions about the method of computation of the aaaeaamenta and verification of the square footage of the land. Councilmen Love and Braun discussed the point that if any clerical errors were made that they could be corrected simply by verification of the method of computation at the City Engineer'• Office and reporting the same to the City Clerk. The Mayor asked that the protests by A. G. Meyers, et al, against the assess- ment on their property be discussed. The Mayor referred to the copies of letters and correspondence which had been reproduced and forwarded to the Councilmen for their review in this connection. Councilman Kreiling inquired as to the legal status of the request based upon the information provided the Council. The City Attorney stated that in his opinion there was no legal implications or committment upon the City baaed upon the corres- pondence presented ~ the protestants. The Mayor asked that the Bill for Ordinance assessing the District be read. The City Clerk read the following bill in full: BILL FOR ORDINANCE NO. , SBRIES OF 1963 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVBMBHTS MADE IN AND FOR SCENIC VIEW SANITARY SEWER DISTRICT, IN THE CI'l'Y' OF EHGLBMOOD, COLORADO: APPROVING AND CONFIRMillG THE APPORTIO!MENT OF SAID COST TO EACH LOT OR TRACT OF LARD IN SAID DISTRICT: ASSBSS- IIJG A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAllD IR THE DISTRICT: PRESCRIB- IBG 'l'BB MADER FOR THE COLLECTION AND PAYMBllT OF SAID ASSESSMENTS: AND DECLARING AN IDIBRGBHCY. 210 Minutes of December 2, 1963 WHEREAS, there has been compliance with all the provisions of law relating to the conatruction of sanitary aewer improvement• in Scenic View Sanitary Sewer District in the City of Englewood, Colorado, created purauant to Ordinance No. 24, Series of 1962, finally adopted and approved on the 4th day of September, 1962: and WBBRBAS, the time for filing with the City Clerk of the City of Englewood com- plaint• or objection• to the proceedings of the City Council ha• elapsed: and WBBREAS, there were filed in writing three complaint• protesting the District aasesament•: and tlHBRBAS, the aaaesament against the A. G. Meyer• and others tract in the amount of $23,024.52 waa reduced to an amount of $11,512.26 due to the fact that thi• property had been partially served by an exiating line prior to the formation of the Diatrict: and WBBRBAS, the two remaining protests were reviewed and denied after careful ri and complete consideration of the Council; and WllBRBAS, the reduction of the A. G. Meyers tract assessment in the amount of $11,512.26 was added to the cost that the City will pay and the amount ta.I be assessed againat the real property adjusted accordingly: and WBBRBAS, from the statement made and filed with the City Council, it appears that the whole coat of said improvements ia the aum of $295,525.73, of which amount the City of Englewood will pay $56,462.49, leaving $239,063.24 to be assessed againat the real property in aaid District, aaid amount including coats of inspection, col- lection and other incidentals and also including intereat as allowed by law; and WHEREAS, from aaid statement it also appear• that the City Council has appor- tioned a ahare of aaid whole coat to each lot or tract of land in said District, in accordance with the benef ita to be derived by aaid property and in the proportions and amount• aeverally aet forth in a Resolution adopted by the City Council on the 2lat day of October, 1963, and in a public lfotice, publiahed in The Englewood Herald and Enterprise on October 24, 31, November 7, 14, 1963, whichReaolution and Notice are by reference made a part hereof: BE IT ORDAINED BY THE CITY COUNCIL OF THB CITY OP BNGLBWOOD, COLORADO: Section 1. That the whole cost and apportionment of the same, as set forth in aaid Resolution and Notice is hereby approved and confirmed, and said apportion- ment is hereby declared to be in accordance with the benefit• which the property in aaid District will receive by reason of the conatruction of aaid improvements, and a ahare of said coat is hereby assessed to and upon each lot or tract of land with- in the District in the proportions and amount• aet forth in aaid Resolution and Botice. Section 2. That aaid assesaments ahall be due and payable at the office of the City Treaaurer, within thirty daya after the final publication of this Ordinance, without demand: provided that all auch aaaeaamenta may, at the election of the owner, be paid in inatallmenta, with interest aa hereinafter provi•ed. Failure to pay the whole aaseaament within said period of thirty daya •hall be conclusively considered and held an election on the part of all persona intereated, whether under disability or otherwise, to pay in such installment•. In caae of auch election to pay in in- atallments, the aaaesamenta shall be payable at the office of the County Treasurer of Arapahoe County, Colorado, in ten (10) equal annual inatallmenta of principal, the first of which installments of principal ahall be due and payable on or before the lat day of Augu5t, 1964, and the remainder of aaid inatallments shall be due and payable successively on or before the lat day of March, in each year thereafter, until paid in full, with interest in all caaea on the unpaid principal at the rate of six per centum (6%) per annum, payable each year at the time of paying installment• of principal. Failure to pay any installment, whether of principal or interest, "1en due, ahall cause the whole of the unpaid principal to become due and payable iamediately, and the whole amount of the unpaid principal and accrued interest shall thereafter draw interest at the rate of one per centum (1%) per month, or fraction of a month, until the date of tax sale, as by law provided, but at any time prior to the date of the sale, any owner may pay the amount of all unpaid installment• with interest at one per centum per month, or fraction of a month, upon all delinquent installments, and all penalties accrued, and ahall thereupon be restored to the right thereafter to pay in installments in the same manner as if default had not been suffered. The owner of any property not in default •• to any installment or payment may, at any time, pay the whole of the unpaid principal with accrued interest to the date of the next assessment installment payment date. Payments may be made to the City Treasurer at any time within thirty days after the final publication of this Ordinance, and an allowance of five per centum (S") will be made on all payments made during such period, but not thereafter. Iaaediately after the expiration of aaid thirty day period, aaid assessments shall be certified to the County Treasurer of Arapahoe County, Colorado, for collection, •• provided by law. 8ection 3. That if any one or more aectiona of parts of thia Ordinance shall be adjudged unenforceable or invalid, auch judgment ahall not affect, impair or invalidate the remaining proviaiona of thi• Ordinance, it being the intention that the various proviaiona hereof are severable. I I I I I I I I Minute• of December 2, 1963 Section 4. By reason of the fact that bonda of aaid Scenic View Sanitary Sewer Diatrict are now outstanding and intereat thereon will become due and payable, funds must be made available at the earliest possible date for payment of such interest, and for the immediate preservation of the public property, health, peace and safety, it is hereby declared that an emergency exiata. Section 5. Thia Ordinance, after its final paaaage, shall be recorded in the City Ordinance Book kept for that purpose, shall be authenticated by the signatw:ea of the Mayor and City Clerk, and shall be published in The Englewood Herald and Bnterpriae, a newspaper of general circulation published in ••id City, within seven days after ita final passage, and s~~ll be and remain irrepealable until the aaaeaaments hereby made shall be paid in full. Section 6. A public Hearing on the Ordinance will be held at the City Hall in Englewood, COlorado, on Monday, the 16th day of December, 1963, at the hour of 8:00 o'clock P.M., and Notice of such Hearing ia hereby authorized to be given by publication once in The Englewood Herald and Bnterpriae, in it• issue of December 5, 1963. INTRODUCED AND READ This 2nd day of December, 1963. 1 -~/~LUN//( ~ayor ------'--' ATTEST: waa read for the first The City Attorney informed the Council the protests against the assessments would need to be determined before the aaaeaaing ordinance could be passed aa these figures must be inserted therein. The Mayor diacuaaed a drawing wherein the portion of the A. G. Meyer tract more than two feet higher that the District sewer lines aurrounding the tract waa shaded. The shaded area represented 39.85 per cent of the property. Diacuaaion ensued. Mr. Ducharme stated that he would agree to the shaded area as a possible means of assessment. The City Attorney reported that it waa within the Council'• authority to reduce an assessment with the City assuming the payment of any such reduction. Discussion ensued aa to the fact that the fifteen inch trunk line waa now part of the District that all property in the District benefited and that although all of the property could be served through the fifteen inch line benefit was received by the location of District a.wer linea on the other boundariea. Mr. Robert B. Moch waa present and stated that any general benefit to the land waa not a legal basis for sewer assessments. Diacuaaion ensued. Councilman Mile• replied that the City had received acme benefits in the con- struction of the fifteen inch sewer line which aaaiated in the annexation of the area. Be auggeated that a compromise should be conaidered. The Mayor pointed out that baaed upon tap feea into the fifteen inch main a maximum of $8,700.00 could be ••••••ad against the tract and the owner• would need to extend the sewer lines from the main throughout their land at their expenae. Diacuaaion ensued. Councilman Woods suggested a fifty per cent of aaaeaament baaia for compromise. Councilman Kreiling auggeated that if an adjustment ia made then everyone in the District would be entitled to an adjustment. Mr. Moch countered, atating that the City had legal remedy in that the people did not appear •~ th• public hearing or file a written protest thereby having no legal right• '° auch adjuatment. Discussion *1aued. RECBSS The Mayor declared a recess of the Council at 10:00 P.M. CALL 'l'O ORDER The Mayor called the Council to order at 10:15 P.M. with the following persona present: Councilmen Braun, Kreiling, Love, Milea, Parker, Wooda, Brownewell. 'l'he Mayor declared a quorum present. CONTINUED DISCUSSION OF SCDIC VIBW ASSBSSMEN'Jb The Mayor asked if a decision had been made on the Meyer tract assessment. Minutes of December 2, 1963 COURCIUIAN WOODS MOVED, COUNCILMAN MILES SBCODBD, THAT 'DIB SANITARY SBWBR ASSBSSMBll'l' AGAINST THE A. G. MBYBR TRACT DESCRIBBD AS '!BAT PART OP THE NBl.i - SBCTIOB 33,TOWBSBIP 4 SOU'1'B, RABGE 68 WEST OF THE 6TH P.M. LYIBG WESTERLY OP 'l'BE RIGHT-OP-WAY OP THE COLORADO AND SOU'ftlERN RAILROAD BXCBPT RIGHTS-OF-WAY FOR RUDS DBSCRIBBD IN BOOK 1079 ON PAGE 131, BE PIP'l'Y PBR CBIIT OF 'ftlE ORIGINAL ASSESSMENT OF $23,024.52 BASED UP<B INPORMATION ARD RESULTS OP PUBLIC HEARINGS WHial INDICATE 'l'BAT 'l'BE PROPERTY N:>ULD NOT RECEIVE 'ftlE BBNBFIT BQU&VALB11T TO 'l'HE ORIGINAL ASSBSSMDJT. Discussion ensued. Mr. &. G. Meyer was present and spoke of his desire for the cooperation and that the proposed adjustment of his assessment was satisfactory if favoraltly passed by the Council. councilman Kreiling inquired if tap fees would be charged for connection to the 15 inch line. The Mayor explained that as the Meyer tract was within the District that no tap fees would be charged in consideration of the District assess- ment. Councilman Kreiling indicated that he would vote against the motion as he felt tap fees should be charged. The Mayor indicated that he would vote for the motion as it appeared to him that the adjustment was fair and equitable. The question was called for. Upon the call of the roll, the vote resulted aa follows: Ayes: Councilmen Braun, Love, Miles, Woods, Brownewell. Nays: Councilmen Kreiling, Parker. Absent: None. The Mayor declared the motion carried. Councilman Bzaun discussed the protest entered by the station Manager of KPSC. He stated that although there is no facilities or need for sewage service at the present time there was no assurance that such usage would continue indefini- tely, therefore, COUBCIUQN BRAUN MOVED, COUNCIU4.AB MILBS SBOOllDBD, 'l'BAT THE REQUEST BY MR. BEALL ON BBHALF OF KPSC BE DENIED IN RECOGBIATION or THB"!PU'l'URB BDJBFITS OF 'l'HB SBWBR TO TBB LARD. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownawell. Nays: None. Ab-nt: None. The Mayor declared the motion carried. 'l'he City Attorney commented that in connection with Mr. Ortengren, that he baa a eheck in his office in excess of $1,100.00 to pay for the sawer right-of~way. The City Attorney indicated that the check had not been delivered pr .. iously due to a haggle over application of the monies on behalf of Mr. Ortengren by the Small Business Administration. Discussion ensued. oomJCILMAlf BRAUR MOVED, CX>UNCIIMAN KRBIJ.IJIG SBCOIJDBD, 'DIA'!' TRB RBQUBST BB DBllIBD Mm THAT 'l'BE lfOTIFICATION BE SDTT TO IllDICAU Tim TAKillG DJTO COlfSIDBRATIOR Br TBB CITY COUNCIL 'l'BE PAYMENT OF $1,100.00 POR APPROXDIATBLY 620 PBBT SBWBR BASIMBl1'1' TO MR. ORTEHGRBN. Upon the call of the roll, the vote resulted aa follows: Ayes: councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Raya: None. Absent: None. The Mayor declared the motion carried. 'l'he City Treasurer calculated the amount of money to be assessed and the amount of money to be paid by the City as follows: Of the whole cost of said improvements the sum of $56,462.49 was paid by the City of Englewood an amount of $239,063.24 to be aaaeaaed against the real property in the District to equal the total coat of $295,525.73. The above figures were inserted into the bill for an ordinance. COUBCIDtAN LOVE MOVED, COUNCILMAN WOODS SBCOllDBD, '!'HAT THE PROPOSBD BILL BB PASSBD ON FIRST READING ARD ORDERED PUBLISHED Ill FULL IN 'DIE ENGLEWOOD HERALD ARD Bll'l'BRPRISE. Upon the call of the roll, the vote reaulted as follows: Ayea: Councilmen Braun, Love, Miles, Woods, Brownewell. Haya: councilmen Kreiling, Parker. Abaent: None • The Mayor declared the motion carried. I ·I I I I I I I Minute• of December 2, 1963 632-86 RELATING TO PROPOSED LEGISLATION TO ALLOW WI'l'llDRAWAL FROM SOUTH SUBURBAN RECREATION DISTRICT The City Attorney reported that he had juat completed a call to State Repreaentative Myrick who indicated that he would make arrangement• for an appoint- ment to aee the Governor with regard to having a propoaal for the withdrawal of the City from the Parka and Recreation Diatrict placed on the Governor'• call for the special ••••ion of the 1964 legialature. The City Attorney reported that Mr. Myrick had emphaaized that the Governor would not place any matter on the call which may be controveraial. Diacuaaion ensued. The Mayor appointed Councilmen Braun and Love to meet with the Governor at a time eatabliahed by State Repreaentative Myrick. He aaked alao that the City Manager and City Attorney aa well aa Representative Myrick plan on attending this meeting. The City Attorney indicated that he would contact repreaentativea of the South Suburban Metropolitan Park and Recreation Diatrict for their opinion on the propoaal. The Mayor auggeated that Colbert CUahing or acme other repreaentative of the Bnglewood Recreation Conwniaaion be invited to attend the meeting with the Governor. 632-72 RBLATING TO FISCAL AGBHT CONTRACT FOR BOBDS TO PillANCB MUNICIPAL BUILDING The City Attorney reported that he had revi.wed the fiacal agent's contract for the general obligation bond isaue and/or COllbined park aale and acquisition of City building and facilitiea and recoa11ended that it be executed. He stated the proposed agreement meets thoae objection• previoualy brought .forth by the Council and City Manager. COUNCILMAN PARKER MOVED, COUNCIIMAN LOVB SBOOllDBD, TBAT THE CONTRACT FOR FISCAL AGBllT SERVICES WITH KIRCHNER AND CC»IPARY 88 APPROVBD ARD THAT THE MAYOR AID> CITY CLERK BE AUTHORIZED TO SIGN ON BBHALP OP 'ftlB Cift. Upon the call of the roll, the vote reaulted as follows: Ayea: councilmen Braun, Kreiling, Love, Miles, Parker, Wooda, Brownewell. Haya: None. Absent: None. The Mayor declared the motion carried. 632-79 RELATING TO ll:>USDIG CODB The City Manager reported that he had met with the Building Inspector, Planning Director and City Attorney to diacuaa the Rousing Code. At the time of the meeting he had a copy of the Denver Houaing Code and uniform Houaing Code. He reported that it was the opinion of thoae preaent that the Building Code ahould be up-dated and the Housing Code drafted aimultaneoua. He recommended that the City Council appoint a committee to review the code• available and make recoamendations for adoption. He remarked that thia finding waa in concurrence with Councilman Braun's proposal 'tdlat a committee of qualified members of the trade• and professions affected review the proposed Bouaing Code and up-date the Building Code. Discussion ensued. Councilman Kreiling recommended that thi• be a matter held over for the conaideration of the new Council after it• organisation. Councilman Braun com- mented though that action on the Building Code ahould not be held up indefinitely pending up-dating of the Denver Code upon which Bn9lewood'• ia baaed. There waa general agreement that as far as possible the Bnglewood code be brought into con- formity with the Denver Code. 632-55 RELATING TO PBRSO•BL POLICY CHANGBS The City Manager reviewed with the Council a propoaed bill for an ordinance Wiich amended the employee benefit• and right• under the career Service Commiaaion. He atated generally that all department• with the exception of the Fire Department will work a 40 hour week: it provides for joint authority tu eatablian limit• for payment of overtime: changes annual leave from calendar day to working day baaia and provides a method of converaion of thi• pr09Z'a• to meet the Fire Department'• working condition•. Diacuaaion ensued. Councilman Kreiling inquired if the employ ... had been informed ef theae changes and were in agreement with them. The City Manager reported that the change• were of general knowledge. councilman Kreiling au99eated that the laat paragraph of the proposed aection bearing the number of 7.7-20 ahould be atruck. Diacuaaion enaued. The City Clerk waa instructed to read the bill in full: Introduced as a Bill by Councilman Wood• A BILL FOR AN ORDINANCE AMENDING SECTION 6.7-18, 6.7-20, 6.7-21 AID> 6.7-22 OF THE MUNICIPAL CODE OP 'l'llE CITY OP ENGLEWOOD, COLORADO, RELATIVE TO MORJ<ING CONDITIONS OP EMPLOYBES OP SAID CITY AND DECLARING AN EMERGENCY. Minute• of December 2, 1963 BB IT ORDAINED BY THE CITY COUNCIL OF '1'HB Cift OF DJGLBWOOD, COLORADO: Section 1. Section 6.7-18 of the Municipal Code of the City of Englewood, COlorado, la hereby amended to read a• follow•1 "Bour• of Work -Monthly Employ•••· All depart .. nt•, function• or activitiea •hall ob•erve office and working hour• neceaaary for the efficient trana- action of their reapective aervicea. Such have been determined for monthly employees a• follows: (a) All department• except the Fir• Department, •hall work at least fort• (40) hour• per week, or in the ca•• of ahift work, an average of forty (40) hours per week. The work week •hall conaiat of five (5) eight (8) hour• ahifta, or other work achedul•• a• determined by the Department Head with the approval of th• City Manager. (b) Fire DepartQtent. Fire Department employ••• ahall work an a8erage of 72.9 hours per week, plu• training aa required. 'l'he work ahall con- sist of alternate 24 hour •hift•. Bvery month each fireman •hall receive two daya off to bring the a•era9e of ach41duled hours to 72.9 per week •. Other employee• of the Pir• Department not claaaified as firemen, but performing a duty for the Pir• Department, such as clerical or diapatching, •hall work an average of 40 hours per week. 'l'he work •chedule shall be determined by th• Pire Chief with the Approval of the City Manager." Section 2. Section 6.7-20 of the Municipal COde of the City of Englewood, Colorado, is hereby amended to read as follow•1 . "overtime work. Except aa hereinafter provided, dutie• performed over and above the normal work week or on holiday• •hall be con•idered overtime for monthly employeea. 'l'he appointing authority and the career Service Board are llreby authorized to eatabliah by agre .. ent apecific JM>•itions which will be conaidered exempt from overtime pay or compen•atory time. All per•onnel, other than thoae determined by afJZ'••ment by the appointing authority and the Career Service Board to be exempt from compensation for overtime, may be compenaated •ither with compen•atory time off during normal t;«>rking houra or by additional atraight pay aa determined by the appointing authority. The aforeaaid notwithstanding, the appointing authority may authorize overtime compen•ation for overtime worked during emergenciea for any municipal employee below the Department Head level." Section 3. Section 6.7-21 of the Municipal Cod• of the City of Englet;«>od, COlozado, la hereby amended to read as followa1 (b) "Annual Leave (Vacationa). (1) All employee• in the Claaaified Service working forty (40) hour week ahall be entitled to twelve (12) working day• of Annual Leave each year. Annual Leave •hall accumulate monthly at the rate of one ( 1) working day per each month of active ••rvice. In order to qualify for Annual Leave credit during a month, the .. ployee muat have recei- ved pay for at least one-half (1/2) of th• working day• of that month. Annual Leave shall not be granted to any employee until ha ha• bean in the employ of the City for at l•a•t •ix (6) conaecutiwe months. Such leave •hall be cumulative -o a maxiaum accumulation of twanth- four (24) working daya. (2) All employees in the Claaaified Service working alternate periods of twenty-four (24) hour• (Fire Department), ahall be entitled to seven (7) twenty-four (24) hour working •hift• of Annual Leave each year. Annual Leave for theae employ••• ahall accumulate at the rate of one- half (1/2) working ahift per each month of active aervice, plus one (1) working ahift per calendar year effective January 1, 1965, and may accumulate to a maximum accumulation of fourteen (14) working ahifta. Employees in the Fire Departll9nt beginning employment with the City after January 1, 1964, will receive the •eventh (7th) shift entitlement on qach succeaaive anniveraary date. Qualification for Annual Leave to .>e the aame aa for other employee•. (3) After ten (10) yeara of continuoua aervice, regular employee• will receive one and one-fourth (1-1/4) working daya per month of active aervice and firemen will receive 5/8 working •hift for each month of active aervice, plus one and one-fourth (1-1/4) working shifts per calendar year effective January 1, 1965, and the maximum accumulations for employees working 40 houra ahall be thirty (30) days and for fire- men •hall be seventeen and one-half (17-1/2) ahifts re•pectively. Uae. The schedule for use of Annual Leave ahall be determined by the needs ~the department. Annual Leave shall be taken at a time convenient to and approved by the Department Head. Annual Leave ahall be allowed only to the total amount accumulated at the beginning of the leave, aa verified by the Per•onnel Office. I I I I I 11 I I Minute• of December 2, 1963 (c) Bow Charged. (d) (•) (f) (1) Annual leave for employees working a forty (40) hour week shall be charged on a working day basis, excluding holiday• and other regular days off. Shift 1'orkers, or employees working an irregular schedule, shall file with the Career Service Office their •chedule of working days. (2) Annual Leave for firemen shall be charged on a twenty-four (24) hour shift basis, excluding holidays and Kelly day•. A achedule of Kelly days shall be on file in advance with the Career Service Office. On Separation. After completion of •ix (6) months of full time continuous aervice, all Annual Leave balance shall be payable aa a lump sum added to the final pay for the last day of work. Ron-forfeiture. An employee dismi••ed for cauae, or who reaigns while under auapenaion, may forfeit all earned leave when auch action is recommended by the appointing authority and approved by the Board. Employees shall not lose Annual Leave becau•e of tran•fer or re-a••ignment. Accumulated calendar vacation time as of January 1, 1964, •hall be converted to working day• by multiplying by 5/7 for all Claaaified Personnel, except the firemen. Accumulated calendar day• of firmnen •hall be converted to work shift• by multiplying by .43. Fraction• reaulting from this calcula- tion •hall be adju•ted to the next higher quarter. of a day, or shift." Section 4. Section 6.7-22 of the Municipal COde of the City of Englewood, COlorado, i• hereby amended to read as follows: •sick Leave. (a) Accumulation. Sick leave shall accumulate at the same rate and under (b) the same conditions a• Annual Leave. Maximum accumulation for regular employees shall be ninety (90) working day•, and for firemen shall be fifty-three (53) working shifts. Sick Leave cannot be converted to Annual Vacation Leave. In order to qualify for Sick Leave credit dur- ing a month, the employee must have received 1 pay for at least one-half (1/2) of the working days of that month. ll!.!· Authorization for Sick Leave •hall be granted only for the follow- ing rea•ons: (1) Peraonal illness or injury not ••rvice connected, except aa herein otherwise provided: (2) Medical appointments for the employee: (3) Sick Leave •hall be allowed only to the total amount accumulated at the beginning of the leave, a• verified by the Per•onnal Office1 (4) It shall be the responsibility of the Department Head to determine the validity of the eligibility for Sick Leave. Ria signature on the Leave Reque•t form noting Sick Leave ent+tlement shall indicate auch determination •. (c) Bow Charged. Sick Leave •hall be charged on a scheduled working day, or working •hift ba•is, exluding holiday•, and for the Fire Department, their Kelly day•. For three (3) conaecutive daya, or two (2) con•ecu- tive shifts, of absence, or more, it will be necessary to obtain a phyaician'• •tatement verifying th• illn••• and inability to work. If no •uch atatement ia available, the employee shall be charged for Annual Vacation Leave. If sufficient Annual Leave i• not available, the employee shall be charged leave without pay. (d) Unused Balance. All Sick Leave ahall expire on the date ot ••paration from aervice and no employee shall be reimbursed for unused Sick Leave balance. (e) Ron-forfeiture. Employee shall not loae earned Sick Leave becau•e of transfer or re-aaaignment. (f) Workmen'• COmpenaation Caaea. In case of abaence due to illne•• or injury for which Workmen'• Compen•ation benefit• are ·received, Sick Leave may be utilized to the extent of the difference between such benefit• and the employee'• regular salary. (g) Service-Connected Inifc;. In ca••• where an employee i• off the job aa a re•ult of a aerv~e-connected injury, the City will pay the regular aalary of •uch employee for a period of up to one week, which week will not be deducted from the normal lick Leave time of such employee. (a) conver•ion Schedule for Firemen. Accumulated Sick Leave time of firemen aa of January 1, 1964, shall be converted to a working •hift basis by multiplying 7/12 time• the number of accumulated day•. Fractions re- sulting from thi• calculation •hall be adju•ted to the next higher quarter of a day." Minute• of December 2, 1963 Section 5. The City council hereby finda, determine• and declares that this ordinance •hetald be effective on a calendar year baaia for orderly city adminia- tration and i• nece••ary for the public property, health, peace er safety, and ahall become effective January 1, 1964. Paaaed on Firat Reading by the City council of the City of Englewood, COlorado, thia 2nd day of December, 1963, and ordered publiahed in full in the 8ngl.wood Herald and Enterprise. ~~~~AJwtJd ,---Mayor-~--' AftBST: wa• read for the COUHCILMAN KRBILIRG MOVBD, COUNCILMAN BRAUN SBCONDBD, 'ftlAT THE PROPOSED BILL BB :n : rn. R•1•s :-0r.--..~•1••• ••··-• • a.an• li.--:i-n.-. ~-··· .. ).1 n~P.l.~:: "' !.• __ ~· · • Upon the call of the roll, the vote reaul ted aa follows: Ayes: councilmen Braun, Kreilinq, Brownewell. Raya: councilmen Love, Miles, Parker I Wood•. Abaent: Hone. 'fh• Mayor declared the motion defeated. COUBCILMAN WOODS MOVED, COUHCILMAN MILES SBCONDBD, THAT THB PROPOSED BILL BB PASSED Oil FIRST READING AND ORDBRBD PUBLISHED IN FULL IN '1'HB ENGLEWOOD HERALD ARD Bll'l'BRPRISB. Upon the call of the roll, the vote re•ulted as follows: Aye•: councilmen Braun, Love, Miles, Parker, Woods, Brownewell. Haya: councilman Kreilinq. Ab•ent: Hone. The Mayor declared the motion carried. RELATING TO MUNICIPAL COURT PROCEDURES 'l'he City Manager aunmarized a discussion which waa held at the laat meeting with raqard to the requirement that a member of the City Attorney'• office ataff be pre•ent at all Court Bearings. He stated that he had reviewed the propo•al with the City Attorney and Municipal Judge and •et forth by A••i•tant City Attorney Myrick that the attorniea appear in court only when an attorney was pre•ent on behalf of the defendant and in all caaea where a jury trial ha• been reque•ted. The City Manager reported further that the City Attorney'• Office ha• offered to train Police Officer• in proper presentation of evidence in Court. Diacuaaion enaued aa to the detail• of the training program. The City Attorney reported that Messrs. Myrick, Smith and Criswell had all indicated their approval and endoraement of the propoaal. The Mayor requeatad that the Attorney'• Office provide training in evidence preparation prior to removing the attorney'• preaence as aet forth in the propoaed change. Discuaaion enaued. The City Attorney conaented that no Council action waa necessary that thia was simply a matter of information and adviee to the Council. 632-85 lfATJaH COMPANY RBQUBST POR SBWBR BX'l'BRSIOH 'l'he City Manager atated that he had received a contract proposal for the ex• tension of the sewer line to serve the property immediately north of Canada Dry at the expense of the developer. Upon completion of the line the line will be deeded to the City for maintenance and operation. He augge•ted that in connection with construction of this extension that the City re•erve complete and final right for further taps into the extension and that the City maintain inspection and approval of the line prior to acceptance of the line by the City. COUBCILMAN KRBILillG MOVED, COUHCILMAB LOVE SBCONDBD, 'ftlAT THE REQUEST OF D'l'XIH AND CCllPAHY FOR THE EXTBHSION OF A SBWBR IR TBB 2700 BLOCK SOUTH ZUNI 8TRBBT TO SBRVB CHARTER PAGE, INC., TO BE APPROVBD UPOH THB FOLLOWING COHDITIONS: 1. THAT THE CITY ENGINEER WILL INSPBCT THE CORSTRUCTIOH OF THE SBWBR LINE. I I I I I I I Minute• of December 2, 1961 2. 'ftL\T THE CITY RESERVES EXCLUSIVE .RIGHT TO THE CONTROL OP ANY ADDITIONAL TAPS OR CODECTIOHS TO 'DIIS LINE AS WBLL AS EXTBNDING THE LINE SHOULD THE NEED ARISE, AllD FURTHER THAT IT IS MOVED THAT THE MAYOR AllD Cift CLERK BB AUTHORIZED 'ro ENTER Ill'l'O AN AGRBP.MDT WITH &ATKIN AND COMPANY ON BEHALF OP THE Cift. Upon the call of the roll, the vote reaulted aa follows: Ayea: Councilmen Braun, Kreiling, Love, Milea, Parker, Wooda, Brownawell. Naya: None. Abaent: None • The Mayor declared the motion carried. 632-87 COMMUNICATION REGARDING DEDICATION OP PARK LARD FOR STREET PURPOSES The City Clerk read a conanunication dated November 15, 1963, and signed by Angela Kiefer, 3255 south Cherokee, and four other peraona addressed to the City council aetting forth that any conatruction of a road-way or atreet through the City Park land would be objected to and reaisted by every means possible to pro- tect the land in Englewood Park or any other parka. COUNCILMAN PARKER MOVED, COUNCii.HAN KRBILIHG SBCOHDED, THAT THE LETTER BB RBCBIVED. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Braun, Kreiling, Love, Milea, Parker, Wooda, Brownewell. Raya: None. Abaent: None. The Mayor declared the motion carried. 632-78 RBQUEST TO LOCATE SANTA CLAUS HOUSE AT BROADWAY AND GIRARD The City Manager reported that a recent letter from the Englewood Chamber of Commerce requesting a participation on behalf of the City in the street light- ing proqram also requested that permission be granted for the locating of the Santa Houae similar to the previous years, at the southwest corner of South Broadway and Weat Girard during the Chriatmaa aeaaon. COUHCIU4AN WOODS MOVED, COUNCILMAN LOVE SECONDED, THAT THE REQUEST BB APPROVED. Upon the call of the roll, the vote reailted as follows: Ayea: Councilmen Braun, Kreiling, Love, Mile•, Parker, Wooda, Brownewell. Nays: None. Abaent: None. The Mayor declared the motion carried. 632-9 CON~IDBRATIOH OP BILLS, CLAIMS AND INVOICES FOR NOVP.MBBR, 1963 COUNCii.HAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE BILLS, CLAIMS AND INVOICES FOR NOVEMBER, 1963, AS LISTED BY THE CITY CLERK AND APPROVED BY TBB CITY MANAGER BB ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Milea, Parker, Woods, Brownewell. Nays: None. Absent: None • The Mayor declared the motion carried. MAYOR'S CHOICE The Mayor read a letter from Martin-Marietta Company thanking the Englewood Police Department for their cooperation and aid during the recent strike at the plant. 632-88 Public Hearing ~ Widening State Highway 88, Broadway east to University The Mayor reported on a public hearing for the widening and improvement of Belleview Avenue, State Highway 88, between South Broadway and South University Avenue to be held at the State Highway Department Building on December 5, 1963 at 2:30 P.M. The Mayor aaked that a reaolution approving and reconnending the propoaed widening be adopted and preaented at that public hearing. The City Clerk read the following resolution in full: Minute• of December 2, 1963 RESOLUTION WHBREAS, the State Highway Department is contemplating the widening and improve- ment of Ea•t Belleview Avenue from South Broadway to South Univeraity Balevard: and, WBERBAS, the City of Englewood concurs in the great :meed of improvement to this avenue for the benefit and safety of thoae who travel thereupon: and, WHBRBAS, such improvement is not only desirable but essential to relieve the traffic congestion between South Broadway and South University ec.1.evard, which are major north and south traffic arterials: ROW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE City of Englewood, this, the second day of December, 1963, in consideration of the premises that this council do•• hereby approve the widening and improvement of East Belleview Avenue between South Broadway and South University Boulevard. ADOPTED AND APPROVED THIS 2nd day of December, 1963. ~~~~YC -·-Mayor ATTEST: COUllCILMAR KRB~RG MOVED, COUNCIIMAN WOODS SECONDED, THAT THE RESOLUTION BB ADOPTED AND APPROVED. councilman Kreiling discussed thepcasible need for a school light at South Loqan Street and Belleview Avenue to serve the students going to All Souls and Cherrelyn School•. Discussion ensued. The question waa called for. Upon the call of the roll, the vote resulted •• follows: Ayes: COuhcilmen Braun, Kreiling, Love, Milea, Parker, Woods, Brownewell. Haya: None. Absent: None. The Mayor declared the motion carried. The Mayor asked who could be present at the Ribbon cutting ceremonies to be held at 4249 South Broadway on behalf of a new Army Recruiting Office. Councilman Braun indicated that he would attend and represent the City. COUNCIIMEN'S CHOICE Councilman Kreiling expressed his thanks to the Volunteer Firemen for the annual Fireman's Dinner at which the Council and members of the administration were invited. COUNCILMAN KREILING MOVED, COUNCILMAN PARKER SECONDED, THAT A "LETTER OF THANKS BE ADDRESSED TO THE VOLUNTEER FIREMEN ON BEHALF OF THE COUNCIL AND SIGNED BY THE MAYOR. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. ADJOURN COUNCILMAN WOODS MOVED, COUNCILMAN BRAUN SECONDED, THAT THE MEETING BE ADJOURRBD. Upon the call of the roll, the vote resulted as follows: Ayea: councilmen Braun, Kreiling, Love, Milea, Parker, Woods, Brownewell. Haya: None. Absent: None • The Mayor declared the meeting adjourned at 11:58 P.M., Monday, December 2, 1963. /s/ B. o. Beauaang, City Clerk Clerk of the Council I I I I Minute• of December 2, 1963 The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 2nd day of December, 1963 A.D., atand approved as corrected thia 16th day of December, 1963 A.D.