Loading...
HomeMy WebLinkAbout1961-11-20 (Regular) Meeting MinutesRBGULAR MBBTIBG1 COUHCIL CHAMBERS CITY OP DIGLBWOOD, COLORADO HOVIMBBR 20, 1961 The City Council, City of Englewood, Arapahoe County, Colorado, met in regular ••••ion on Monday, November 20, 1961 in the Council Chambera, City Ball, Bngl9WOC>d, at th• hour of 8100 P.M. Mayor JCreilinq preaiding called th• meeting to order and th• invocation waa given by Reverend Frederick Hahn of the Inmanuel Lutheran Church. t The Mayor aaked for roll call. Upon the call of the roll, the following peraona were pr•••nts Councilmen: Braun, Brown.well, McLellan, Martin, Miles, Wooda, Kreiling. Alao Preaent: City Manager Rudd, .\City Attorney Bach, Abaent: Bone. City Planning Director Romans, City Clerk Beauaang. The Mayor declared ai ~orum preaent. RELATING TO ORDER OF BUSIHESS COUllCIUIAB BRAUM MOVBD, COUHCIIMAR MILES SBCOBDBD, THAT IT• 4J, RBLA'l'- DIG TO llDJmLS OP LIQUOR LICa&BS FOR 1962 BB SBT ON TBB AG~ IJ'"BDIATBLY APTBll '1'BB LIS'l'BD PRB-SamDULSD CI'l'IZDS AND VIS'l'ORS,· '1'BB BAI.Aa::B OF TBB A~ TO RlllAIB AS PRBS•TBD. Upon the call of the roll, the vote reaulted aa followas Ayeas Council .. n Braun, Brown.well, McLellan, Martin, Mile•, Wooda, Kreiling. Bayas None. Abaents Hone. 'ftl• Mayor declared th• motion carried. 612-49 BBAllIBG ml PROPOSBD RBZORIRG OF PART OF GORDON TRACT FRCll R-1-A irG M-1 COUllCIU--.U BaOWllDfBLL MOVBD, COUllCIUIAlf MARTIR SBCOBDBD, 'l'llA'l' 'l'BB PUBLIC BBUlillG BB OPIDIBD. Upon the call of the roll, the vote reaulted aa followas Ayea 1 Council .. n Braun, Brown.well, McLellan, Martin, Mile•, Wood•, JCreiling. Rayas Bone. Abaent 1 Rone. Th• Mayor declared the motion carried. The City Manager briefly explained that the Gordon tract waa that area generally aoutheaat of the interaection of South Decatur and Weat Union Avenue. Councilman Mil•• requeated that the Planning Director preaent the Planning CO-iaaion • • viewpoint on thi• propoaed rezoning. Mr•. Romana, Planning Director, revitlWed th• chronological event• leading to the preaent public hear- ing. She atated that while at the hearing on thia rezoning before the Planning Co ia84k>n there had been no objection aubaequently she had heard from varioua owner• in th• area •tating that they objected to the propoaed rezoning and wanted aoae type of acr .. ning or reaidential zoning on the eaat of South Clay Str .. t extended. Diacuaaion enaued. Mr. Barry carleno apok• for the proposed rezoning and presented photo- graph• of the area indicating the extent of the development and showing further that the area would be ideal for induatrial development. Th• Mayor aaked for a •bowing of those favoring as well aa thoae oppoaed to the rezoning. There were thr•• peraons preaent which indicated approval and three peraon• preaent which indicated oppo•i tion. The Mayor aaked if there were anyone further to •peak for the proposal, there were none. Be aaked tha"l that the peraon• oppoaed apeak. Mr. Blanford Duckett, 2727 Weat Union Avenue, spoke againat the propoaed resoning a• it did not provide protection for his residential property iaaed- iately weat of South Clay Street extended. He stated that Mr. Gordon waa agreeable to providing a atrip of land zoned reaidential iaaediately eaat of South Clay Street extended ao that one row of houses could be constructed facing tho•• preaently on the weat aide of South Clay Street extended. Diacuaaion enaued. ·ts Minute• of Rovember 20, 1961 Mr. Paar atated that hi• land faced on South Clay Street and he also deaired aimilar reaidential zoning eaat of South Clay. Mr. carleno replied that th• lower area or southeasterly portion of the tract waa eo11pletely unauitable for reaidential use, he objected to Mr. Paar'• requeat for reaidential zoning to act aa a acreen aa the Paar reaidence waa not located cloae to south Clay Street extended. Mr. Joe Gordon related that h• waa agreeable to residential zon~g in the nortlnMat corner of hi• land along south Clay Street but he had not agreed er COlmllitted th• owner• to a aimilar uae. Mr. Windaor Wade, Jr., 2903 Weat Layton Avenue, spoke of hi• desire to have a buffer •trip provided between the reaidential uae weat of south Clay and th• propo8ed induatrial uae eaat of South Clay. Mr. Duckett apok• further that hi• main concern waa for an adequate atreet or road into th• area and aug9eated that the proponent• of the change of zoning provide auch a road in connection with their requeat. Be spoke of th• need for such a road and urged that right-of-way be aecured at thi• time. Diacusaion enaued. OOUllCIUIAll BRAUit *>YBD, OOUllCILMAll BROWllBWBLL SBCOHDBD, THAT 'l'BB PUBLIC BBARillG BB CLOSBD. Upon th• call of the roll, the vote reaulted as follows: Ayeas Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Raya: Ilene. Ab-nt: •one. The Mayor declared the motion carried. Tb• Mayor thanked tho•• preaent for expreaaing their view• on thia re- aoning requeat. Councilman Brownewell aaked if any diacuaaion had come be- fore the Planning Coamiaaion aa to ••curing right-of-way into the area? llra. llo••n• replied that there had been no definite plan• propoaed but that acceaa waa definitely neceaaary for the entire area. Councilman Braun au9- 9eated that th• owner• cooperate to provide a joint effort to give r-.i right-of-way. Councilman Wood• and McLellan auggeated that rezoning may be pr ... ture until the balance of the area determine• the use they deair• for their land rather than impoaaing either a •trip of residential property or a planting atrip in the midat of what may develop aa one induatrial area. Tb• City Attorney replied to a queation of the Mayor that no particu- lar time limit had been aet by the charter or law on the request for rezon- incJ any reaaonable time would, therefore, be proper. COUllCIU'.AR BRAUB MOVBD, CX>URCIIMAN WOODS SBCORDBD, TBA'l' 'l'llB cmSIDBRA'l'I08 IOR '1'11B RBZORilfG OP '1'BB GORDO& 'l'RACT BB TABLED UH'l'IL TBB HBX'l' MBB'l'DIG OP TBS CCXJllCIL. Upon the call of the roll, the vote reaulted aa follow•: Ayea: Councilmen Braun, Brownewell, McLellan, Martin, Milea, Woode, Kreilin9. 8aya: Ilene. Abaent: !lone. The Mayor declared th• motion carried. 612-79 COllSIDBRATION OP BIDS POR SANITARY SBWBR IN 'l'BE ALI.BY BBTWBBH 3900 BLOCK SOUTH KALAMA'l'B-SOU'l'B LIPAlf STRBB'l' '1'he City Manager read a memorandum from the City Engineer which recom- .. nded that the low bidder, Mann Conatruction Company be awarded the contract for an 8 inch aanitary aewer line in ~he alley between South Kalamath Street and south Lipan Street in the 3900 block for an amount of $2,175.50. One other bid waa received from the Herrick Conatruction Company in the amount of f3,506.00. COUllCILMAH WOODS MOVBD, OOURCIIllAN BROWHEWELL SECONDED, THAT TBB RBCOM- MIDUa'l'I08 OP 'l'BB Cift DJGINDR BB ACCBP'l'ED AND 'nlAT THE MAYOR AND Cift CLBRK BB AU'l'llORIZBD TO SIG& 'nlB CONTRACT ON BEHALF OF THE Cift. Upon the call of the roll, the vote reaulted aa followa: Ayea: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Naya: Ilene. Abaent: None. The Mayor declared the motion carried. I I I I I I Minutes of November· 20, 1961 RELATING TO COTTAGE COORT CONVERSION TO TRAILER COURT Mr. and Mrs. Adam Ringenburg, 3141 South Santa Fe Drive, spoke to the Council requesting that 8 cottages were located within their cottage trailer court which they wished to demolish and replace with 8 trailer sites. Dis- cussion ensued. The City Manager reported that there was no provision for additional apace• under the City of Bnglewood Trailer Court ordinance and that the same number of trailer spaces existing could be arranged so as to provide a greater site for each trailer but not to add additional trailer spaces. Discussion ensued as to whether this was merely a trading of cottage quarters for trailer quarters. The City Attorney reported that this very point of law was challenged in a court case where the parties were not giving up cabin apace but the case was quite similar and he could not see where any relief could be given in this case without an amendment to the ordinance after proper revi.w. OOUBCILMAN BRAUN MOVED, COUllCII.HBN MARTIN AND WOODS SBOOHDBD, 'lV.JlBCBIVB MRS. RIRGDBURG'S RBQUBST ARD RU'BR THB MATTER OP EXPANSION OP TRAILER COURTS 'ft> TBB PLAmIHG CC»IMISSION POR ITS REVIEW BOTH OP THB ORDINMCB MD 'l'BB asotlUllDIDATION POR CHANGE, IP ARY. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 612-84 RBQUBST POR CCMMBRCIAL USAGE ON RESIDENTIALLY ZOIJBD LOT Mr. Richard Graham, representing the Englewood Sertoma Club, requested that the City Council grant permission for the erection of a Christmas tree sales lot at the southeast corner of South Logan and Highway No. 70, which is zoned R-3-A. The coanercial usage would be from December 8th until December 25th. Mrs. Romana, Planning Director, stated that R-3-A zoning does not per- mit retail sale• and, further, that certain traffic hazards may exist at this location. The City Attorney stated that the particular site was not zoned for such operation •• sale of Christmas tr••• and that altbough the City is sympathetic toward the project and the use of the proceed• from the sale of Christmas tr••• it cannot approve or grant a temporary permit. Discus- sion ensued. There was no action on this matter. 612-65 APPLICATIOHS POR RBllBWAL OP VARIOUS LIQUOR LICENSES IR THE CIT!' OP BHGLBWOOD FOR 1962 The City Clerk read th• applications for Liquor License renewals of the following liquor outlets in Bngl.wood: Walter Brom, dba Hilda's C.fe, 4386 S. Broadway Silver Saddle Restaurant, Inc., dba Silver Saddle Restaurant, 4595 s. Santa Pe John c. Greathouse and James P. Malone dba Two-Jay's, Ltd. under the trade name of Hor•• Car Inn, 65 West Ployd Charle• H. Klein and Herman w. Andersen dba Glass Bottle Liquors, 3439 s. Broadway John W. & Mary P. Lidke dba Cherrelyn Drug Store, 4285 S~ Broadway Lincoln v. Bonen dba E-Z Liquors, 3353 s. Santa Pe John W's, Inc. dba John W7a Tap Room, 3467 S. Broadway J ... a Francia Preaanall dba Frontier Liquors, 3511 s. Broadway Fred and Hazel ·Buhlman dba Bngl.wood Liquor Store, 3434 s. Broadway John L. Longworth dba Park "N" Shop Drug, 3370 S. Acoma Dry Creek Liquors, Inc., 325 B. Jefferson ~ Interstate Bowling Corp. dba Belleview Bowl, 4900 s. Federal Blvd. Bnglewood Elka Lodge #2122, 55 w. Ployd J. Ivan Bout& and Margaret L. Houtz dba Houtz Self Service Drug, 4204 s. Broadway Buy-4-Leas Drug Syateaa, Inc., 3421 s. Broadway The Plantation, Inc., 5020 South Broadway John L. Blair dba Magnet Inn, 2893 s. Broadway Ben L. Hoffman dba Bar Harbor, 3484 s. Broadway owners or manager• of the above liquor licensed outlets were present in the Council Chambers. Councilman Braun •poke briefly of the reason for •the request that each of the owner• or managers of the respective liquor out- lets be present and urged them to feel free to call upon the police should any diaturbance arise and thereby protect themselves as well as preventing any serious trouble from developing. • • Minute• of •ov.aber 20, 1961 COUIJCIUIAIJ BROWll•BLL MOVBD, COUlfCilMAB MCLELLAN SECOlmBD, THAT THE APPLICATIO•S POR RBllBWAL OP LIQUOR LICDISBS FRat THE ABOVE LISTBD OUTLETS BB APPllOVBD POR 1962. Upon th• call of the roll, the vote reaultec:l as followa1 Aye•1 Councilmen Braun, Brown.well, McLellan, Martin, Miles, Woods, Kreiling. Raya: Bone. Abaent1 Bone. The Mayor declared the motion carried. RBCBSS The Mayor called a rec••• of th• Council at 10:00 P.M. CALL TO ORDER Th• Mayor called the Council to order with the following members present: Councilmen Braun, Brown.well, McLellan, Martin, Miles, Woods, Kreiling. The Mayor declared a quorum pr•••nt. 612-66 RBLATDIG TO USB or PARJC-•-SHOP LOT FOR SCHOOL DAIJCB Th• City Clerk r ... a letter addr•••ed to the Englewood City Council from Barbara Berghauaer, Preaident Priendahip Club, Doug Sovern, Jr., Preaident Key Club, Donna Bill, Chairman Street Dance conmittee, dated llov1mber 8, 1961 thanking th• City Council for the cooperation in regard to th• &omecoaing Street Dance. '1'he City Clerk read a letter addressed to the City Council from the Bnglewood Public School• signed by Mr. John A. Ferguson, Principal dated lloYvaber 3, 1961 thanking th• City for it• cooperation and providing a site for the •tr-t dance on •ov8111ber lat. Th• Mayor aaked that the letter• be received and placed on file. 512-83 APPLICATION POR TRAllSPD or OWNERSHIP OF LIQUOR LICBHSB AT M-D PHARMACY '1'he City Clerk read an application for a Liquor Licen•ed Drug Store aul:aitted by M-I-D Drug, Inc. dba M-D Pharmacy at 2895 South Broadway. Thi• Liquor License had been iaaued in th• name of Truman B. Davi• dlta M-D Pharmacy. The corporate of fic•r• are members of Mr. Davi•• family. Th• Police report on the off ic•r• of the corporation waa available and paaaed ..ong th• Council. COUllCIIMAB MILES MOVBD, COUllCilMAB MARTIN SECX>HDBD, THAT THE TRABSPBR OP TBB LIQUOR LICBRSB AT TBB M-D PHARMACY BE APPROVED. Upon the call of the toll, the vote reaulted as followa1 Aye•1 councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Bayas Bone. Abaent: llone. Th• Mayor declared the motion carried. OCUllCil.MAB WOODS MOVBD, COUIJCILMAll MILES SECONDED, THAT THE APPLICA- TIO. POil A LIQUOR LICDJSBD moo STORE LICENSE BY M-I-D DRUG, INC. DBA AS M-D PllAllllACY BB APPROVBD POR 1962. Upon the call of the roll, the vote reaulted a• followa1 Ayea1 Councilaen Braun, Brownewell, McLe~lan, Martin, Mile•, Wood•, Kreiling. Raya: Hone. Abaent1 llone. Th• Mayor declared the motion carried. APPROVAL OP MAP ARD APPLICATIOR FOR APPROVAL OP REMIOIR SITB BY STATB DIGINBBR The City Manager reported that th• map showing the site of the Dad Clark Gulch raw water reeisvoir dam had been completed and was ready for filing with the State Engineer in conformance with State Law. Be requested that the map be approved and th• Mayor and City Clerk be authorized to aign on behalf of the City. I I I • I Minutes of November 20, 1961 COUBCIUIAll BROWIJBWBLL MOVBD, COUNCILMAN MILES SECONDED, THAT THE llAP OP TBS PROPOSBD ~ CLUJ< RAW WATD RBS.a'f>IR SITE BB APPROVBD MD 'ftlAT TBB MAYOR Alm CITY CL&RX 88 AUTllORIZBD TO SIGN ON BBHALP OP 'l'BB CITY OP BmGLBllOOD, '1'BB MAP AllD OTBBR DOCWIDTS AS NBCBSSARY POR PILIJIG WITH '1'BB STATB BRGIRBBR. Upon th• call of the roll, the vote resulted as lollowa: Aye•: Councilmen Braun, Brownewell, McLellan, Martin, Mile•, Woode, Kreiling. ; Raya: &one. Abaent: Rone. Th• Mayor declared the motion carried. 612-15 APPROVAL OP CITY PARTICIPATION IN USDA PROGRAM OF WHBAT STABILIZATION The City Manager preaented the u. s. Department of Agriculture form indicating an intention to participate in the 1962 wheat atabilization program on City owned r•••oir land•. He atated that Mr. Charles M. Mac Lean wa11 the operator and would farm certain city owned lands. OOUIJCILMAll MILBS MOVBD, COUllCIIMAN BRAUN SECONDED, 'ftlAT THB REQUEST BB APPROVBD AllD '!BAT TBB MAYOR BB AUTHORIZED TO SIGH ON BBHALP OP TBB CITY OP .. GLDfOOD. Upon the call of the roll, the vote resulted as follow•: Ayea1 councilmen Braun, Brown.well, McLellan, Martin, Milea, Wooda, Kreiling. Rayas Rone. Abaent1 &one. The Mayor declared the motion carried. 612-3 PROCUDI1'GS OP PARK AllD RBCRBATION COMMISSION llBBTING OP NOVBMBBR 7TB The Mayor aaked that the minute• be received and placed on file. 612-8 PROCUDIRGS OP PUBLIC LIBRARY BOARD MEETING OF NOVBMBBR l•TH Th• Mayor aaked that the minute• be received and placed on file. Th• City Manager ccmmented on the hiring of a consultant by the Library Board, atating that thi• waa a little irregular but not contrary to the intention• of the Council. 612-5 PROCBBDIRGS OP a:>ARD OP CAR&D SBRVICB COMMISSIONERS MBBTD1G OF ROVDIBBR BTH 'l'h• Mayor aaked that th• minute• be received and placed on file. The City Attorney reported that requeat for rehearing on behalf of Mr. J. T. Miller waa to exhauat an adminiatrative remedy by the introduction of n.w evidence and waa proper in thi• regard. 612-6 PROCBBDIBGS OP CITY PIAIDIIRG AND ZONING COMMISSION MBBTING OF NOVBMBBR 9'1'B The Mayor aaked that the minute• be received and placed on file. councilman Mile• diacu••ed the inaertion of the certification of adopt- ion of the Metropolitan Growth Plan in the minutes did not represent the CO'"'i••ion•a approval. Diacuaaion enaued. Councilman Brownewell discussed the Metropolitan Growth Plan a• being extremely general in it• •cope. Mr•. Romans diacu••ed the matter of the City of Englewood ~epzeaenta«mon to the Inter county Reqional Planning Conaiaaion. Discussion ensued. The City Manager auggeated that conaideration of this matter be deferred until the reorganization of the Council. Diacu••ion waa held with reqard to recent annexations to Littleton. The City Attorney reported that although the City did not approve of such annexation it could not enter into a direct suit. The Council favorably conaidered the aupport of an individuals suit by the City should such a auit ari••· 612-86 ABSTRACT OP VOTBS CAST AT NOVDtBBR 7TH BLBCTION The City Clerk read an abatract of votes cast at an election held in Bnglewood, COlorado on TUeaday, the 7th day of November, 1961 as follows: B. R. Braun A. w. Krieqer 1412 1098 Councilman at Large 4 years Minute• of Rovember 20, 1961 S. G. Milea Julia Oatrouaky H. A. swearin9en B. M. Fleenor, Jr. B. J. Rielaon C. H. Slaukler R. Barnwell s. L. Love A. R. Phillipa Total Vote• Caat 1359 287 930 Councilman at Lar9• 2 years 175 373 387 Councilman Di•trict No. 2 120 362 155 Councilman Diatrict No. 4 2683 OOUllCIUIAR BROWBDfBLL MOVID, COURCIIMAN MARTIN SECOllDBD, 'l'BA'l' 'l'BB CAllVASS OP 'DIB BLBC'l'ION RBSUL'l'S BB RBCBIVBD. Upon the call of the roll, the vote reaulted a• follow•• Ay••• Councilmen Braun, Brown.well, McLellan, Martin, Mile•, WOOda, Kreiling. Raya: Rone. Abaent: Rone • The Mayor declared th• motion carried. 612-87 RBSIGllATIOR OP CARLSON FROM BOARD OP ADJUS'DISll'l' A1ID APPBALS Th• City clerk read a letter from Kenneth P. carlaon dated Rov.aaber 20, 1961, tendinq hi• re•ignation from th• Board of Adjuatment and Appel•, effective December 1, 1961. OOUllCIIMAR BRAUN l«>VBD, COURCILMAN MARTIN SBCORDID, TllA'f '1118 RBSIGD- TIOR BB ACCBP'l'BD AllD THAT THB MAYOR WRITE A LB'l"l'BR OP Ur r\..':ClA'fIO• POR MR. CARLSOR'S SBRVICB. Upon the call of the roll, the vot• reaulted a• follow•: Ay••• Councilmen Braun, Brownewell, McLellan, Martin, Mile•, Woods, Kreiling. Naya1 None. Abaent1 None. The Mayor declared the motion carried. The City Manager reminded th• members of the Council that the Board of Adjuatment and Appeal• would have only 4 members and would need all those a ember• pr•••nt and unanimou• in their decision• in order to act on any cases. He urged the appointment of a man to fill the vacancy aa aoon a• possible. 'l'h• Mayor au99eated that the member• of the Council consider this appoint- nt and have aome thought• on this matter to be presented at the informal ting. Introduced aa a Bill by Councilman Miles 612-36 BY AUTHORITY ORDINANCB NO. 33, SERIES OF 1961 AR ORDillANCB ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORAOO, FOR TBB FISCAL YEAR 1962. waa read for the second time. OOUllCIUIAN MILES MOVBD, COUNCIU4AN WOODS SECONDED, THAT ORDINANCE NO. 33, SBRIBS OP 1961 BE PASSBD ON SBCOND AND FINAL READING AND ORDERED PUB- LISHBD IR PULL IN THE BNGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote reaulted aa follows: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Haya: None. Absent: None. The Mayor declared the motion carried. I,· I I I I I Minutes of November 20, 1961 Introduced as a bill by Councilman Braun 612-36 BY AUTHORITY ORDINANCE NO. 34, SERIES OF 1961 AN ORDINANCE APPROPRIATING StlitS FOR ALL MUNICIPAL PURPOSES IN THE CITY OP IDJGLBWOOD, COLORADO, IN THE FISCAL YF.AR BEGINNING JANUARY 1, 1962, Mm DIDING DBCBMBBR 31, 1962, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIA- TION BILL POR THE FISCAL YEAR 1962. waa read for the aecond time. COUNCILMAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT ORDDJASCE HO. 34, SBRIBS OF 1961 BE PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISRBD IN PULL IN THE BNGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownawell, McLellan, Martin, Miles, Woods, Kreilin9. Nays: None. Abaent: None. Th• Mayor declared the motion carried. Introduced as a Bill by Councilman Braun 612-74 BY AUTHORI'IY ORDINANCE NO. 35, SERIES OF 1961 All ORDillAHCB MBNDING ORDINANCE NO. 22, SERIES OF 1961, WHICH AMBNDBD ORDIRAarB RO. 2, SBRIBS OP 1953, OP 'DIE ORDINANCES OP THE CITY OP ENGLEWOOD, COLORAW, lmOWll AS THB "BLBCTRICAL CODE" AND REPEALING ALL ORDIRANCBS OR PARTS OP ORDINAlfCBS IN CONFLICT HBRBIN. waa read for the aecond time. COUllCILMA!I BRAUN MOVED, COUNCIIMAN MILES SECONDED, THAT ORDINANCE NO. 35, SBRIBS OP 1961 BE PASSED <»I SECOND AND FINAL READING AND ORDERED PUBLISHED DI PULL IN TBB BllGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote reaulted aa follows: Ayea: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreilin9. Haya: None. Abaen t: None • The Mayor declared the motion carried. Introduced as a Bill by Councilman Woods 612-76 BY AUTHORITY ORDINANCE NO. 36, SERIES OF 1961 AN ORDINANCE AMENDING ORDINANCE NO. 39, SERIES OP 1957, AS AMBNDBD, OP TBB ORDINANCES OF THE CITY OF ENGLDK>OD, COLORADO, KNOWN AS THE "TRAFFIC ORDIHAHCB," BY ADDING TO SECTION 120.2.1 THEREOF EAST EASTMAN AVENUE ARD BAST BAS'DIAN PLACE BETWEEN SOUTH DOWNING STREET AND SOUTH LAPAYB'l'TE STRBBT AS ORB-WAY STREETS. waa read for the second time. COUNCILMAN WOODS MOVED, COUNCILMAN BRAUN SECONDED, THAT ORDINANCE NO. 36, SBRIBS OP 1961, BE PASSED ON SECOND AND FINAL READING ARD ORDBRBD PUB- LISRBD D1 PULL IN THE DIGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote reaulted aa follows: Ayes: Councilmen Braun, Brownawell, McLellan, Martin, Miles, Woods, Kreilin9. Nays: None. Abaent: None. The Mayor declared the motion carried. Introduced aa a Bill by Councilman Martin 612-77 BY AUTHORITY ORDINANCE NO. 37, SERIES OP 1961 AN ORDDIANCE RBORGMJIZIJIG ·' THE GOVERNMENT OF THE CITY OP DlGLBWOOD, I Minutes of November 20, 1961 COLORADO, PURSUAllT TO TBB BC»IB RULB alARTER OF SAID CITYJ ADOPTI&G All AD- KillISTRATIVB PLAll PUJlSUAllT TO TllB PROVISIONS OF SAID CHARTBRJ PRBSCRIBI&G DUTIBS, SALA.RIBS AllD WAGBS POR OPPICBRS AND BMPLOYBBSJ RBPBALDG ALL ORDIDllCBS OR PARTS OP ORDDAllC&S IR CONFLICT HBRBWITH J AND DBCLARI&G All lllBRGDJCY. waa read for the aecond time. COUIJCilllAll KAaTIJI MOVSD, COUllCIIMAll WOODS SBCOHDBD, THAT ORDIRARCB NO. 37, SBIUBS OP 1961 88 PASSSD ml 8SCOlfD AND PDIAL READING Al1D ORDBRBD PUB- LISBBD IR PULL I• '1'118 BmLBllOOD DRALD AND BNTBRPRISB. Upon the call of the roll, the vote reaulted aa followas Ayeas Councilmen Braun, Brown.well, McLellan, Martin, Miles, Woods, Kreilin9. Rayas llone. Abaents Hone. The Mayor declared the motion carried. Introduced aa a Bill by Councilman Braun 612-88 A BILL roa M ORDillMJCB MDJDIRG ORDillAIJCB NO. 33, SBRIBS OF 1957 OP '1'BB ORDDMCBS OP '1'BB CITY OP BBGLDfOOD, COLOJtADO, KNOWN AS THE "MISCBLLUIBOUS OPPBRSBS" ORDillAmCB Br ADl>IRG TBBRBTO A HBW SBCTION 10.9 AS TO PALSB OR WISA&CB CALLS AID> RBPBALDIG SBCTIOH 14.2 OP ORDIHANCB NO. 33, SBRIBS OP 1957, SBCTION 3 OP ORDillAllCB NO. 12, SBRIBS OP 1912, AND ALL OTHER ORDINARCBS OR PARTS OF ORDDIAl1CBS DJ CONPLICT HBRBWITH. a. it ordained by the city council of the city of Sllglewood, Colorado: Section 1. Ordinance Ho. 33, Series of 1957 of the Ordinances of the City of Bn9l.wood, Colorado, known aa the Miacellaneous Offen••• Ordinance", i• hereby amended by addin9 thereto a new Section 10.9, which shall read as follow•: "10.9 Pal•• or Nuiaance Calla. a. It ahall be unlawful for any person intentionally to make, turn in, or give a fal•• alarm for fire, need for police, ambulance, or mortuary aaaiatance1 to make, turn in, or give a falae alarm of the placing or exiatence ol a dangerous bomb or nuisance type of bomb or other device in any public or private place1 or to make, turn in, 9ive, or deliver or cause to be made, turned in, given or delivered any false · telephone call or meaaage of any kind for any goods, service, or merchandi••· b. It •hall be unlawful for any person to make obscene or profane telephone calla to any other person or persons, or to cause repeated telephone calla to be made to any other person or persons for the purpo•• of annoying or disturbing such other person or persona." Section 2. Section 14.2 of Ordinance No. 33, Series of 19571 Section 3 of Ordinance 12, Seri•• of 1912 of th• Ordinances of the City of Bnglewood, Colorado1 and all other ordinance• and parts of ordinances in conflict here- with, are hereby repealed. Paaaed on Pirat Reading by the City Council of the City of Englewood, Colorado, thi• 20th day of Rov .. ber, A.D. 1961 and ordered published in full in the Bnql.wood Herald and Bnterpriae. Mayor AftBSTs waa read CCXJ&CIIICAN BRAUR MOVBD, COUNCILMAN MARTIN SECONDED, THAT 'ME PROPOSED BILL BB PASSBD Oii PIRST RMDIRG ARD ORDERED PUBLISHED IN PULL IR 'ME BIJGLBWOOD BBR.&J .n Al1D Dl'l'BRPRISB. Upon the call of the roll, the vote resulted as follow•: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nay•: None. Minute• of November 20, 1961 Absent: Hone. The Mayor declared the motion carried. Introduced as a Bill by Councilmen Wood• and McLellan 612•89 A BILL POR All ORDIBANCB AMDIDIRG ORDINAllCB HO. 9, SBRIBS OP 1960, BSTABLISHIBG A JOillT CX»IMISSIOR BBTWBBll THB CI'l'Y OP BNGLBWOOD, COLORADO, MD SCBOOL DISTRICT HO. 1, ARAPAllOB COUll'l'r, COLORADO, TO BB KNOWB AS TBB PARK AllD RBCRBATIOB OOlllUS8IOB ARD PROVIDIBG POR TllB MBMBBRSHIP AND DUTIBS THBRBOP BY RBPBALillG SBCTIOR 6 OP SAID ORDIBAllCB MD BllACTillG A NBW SECTION 6 PROVIDING FOR A SPBCIAL PU11D POR SAID CC»OIISSIOll ABO &ACTING A llBW SBCTIOB 7 THBREOP PRO- VIDillG POR TBB DUTIBS OP SAID C<»IMISSION. BB IT ORDAillBD BY THB CITY COUBCIL OP 'l'BB CITY OP BNGLBWOOD, COLORADO: Section 1. Section 6 of Ordinance No. 9, Series of 1960 of the Ordinance• of the City of Englewood, Colorado, is hereby repealed. Section 2. Ordinance No. 9, Series of 1960 .of the Ordinances of the City of Bnglewood i• hereby amended by adding thereto a new Section 6, which ahall read •• follow•: "Section 6. There is hereby created a special fund of the City of Bnglewood to be known as the 'Parka and Recreation Conaiaaion Pund' to which ahall be credited all gifts, bequests, devises, and donation• for the benefit of the Parks and Recreation Commission, receipts from charge• by the Conmiaaion for services, allocations by the City of Bnglawood to the Commission from its tax and revenue sources, and any and all other funds from whatsoever source derived for the specific uaea andpurpoaea of said Commission. Expenditures shall be made frOlll the aaid fund for the purpose of the dissemination by the Commission in the promotion and development of parka and recreation for the City of Bnglewood in cooperation with School District #1; Arapahoe County, Colorado. Appropriations may be made from time to time for the aforeaaid purpoaea by the City Council to the order of the Parks and Recreation Commiaaion to be expended by said Commission for the hereinabove object• and purposes. The Parks and Recreation Comniaaion ahall keep a full and complete set of books as to all receipts and expenditure• and the apecial fund herein created shall be audited annually by an independent auditor. Any and all employees and members of the Commiaaion authorized to diaburae funds shall be bonded with a aufficient fidelity bond to cover all funds so handled." Section 3. Ordinance llo. 9, Serie• of 1960 of the Ordinances of the City of Bnglewood, Colorado, i• hereby amended by adding thereto a new Section 7, which •hall read aa follow•: "Section 7. Th• Parka and Recreation Commission shall have the following powers and dutieaa (a) To recommend a joint policy of recreation. (b) To draw a recoaaended annual budget with an estimate of the anticipated revenue from all 80urcea, including the amount of fund• required therefor from the City of Bnglewood, together with an ••ti.mate of expenditure• for the next calendar year, which said budget shall be submitted to the City Manager prior to July 1 of each year. (c) To plan a recreational program with the advice of the Park• and Recreational Director. (d) To have power• of reco ... ndation for the poaition of Parks and Recreational Director, aa well a• recommending release, if he fails to carry out hi• duti•• and reaponaibilitiea. (e) To adopt rules and regulations for the conduct of its ... ting• and duti•• of ita officers and committees. (f) To carry out such other functions and duties as may be frc:m time to time deaignated by identical resolutions of the City Council of the City of Englewood and the Board of Education of School Diatrict No. 1, Arapahoe County. Paaaed on Pirat aeading by the City Council of the City of Englewood, Colorado, thi• 20th day of November, A.D. 1961, and ordered published in full in the Bnglewood Herald and Enterprise. Mayor I I I Minute• of Rovember 20, 1961 waa read for the firat time. The City Manager comnented on the effect of the propoaed ordinance which would permit the City to appropriate City moni•• for auch a fund and authorizing the expenditure of th••• monies by the order of the Conmiaaion. Be queationed the authority for the handling of theae monies. Councilman McLellan compared the handling of fund• under the proposed ordinance to that of the operation of the Water and Sewer Board. Discua•ion ensued. The City Attorney reported that the Park and Recreation Conmission would aet the budget and appropriations, and on rendering a voucher that the City Treaaurer will tranafer monies equivalent to that voucher to the Park and Recreation Commission which would expend the monies. Discussion enaued. COUllCIUCAN MCLELLAN MOVED, COUNCILMAN WOODS SECONDED, THAT THE PROPOSBD BILL BB PASSBD OR FIRST R&ADING AND ORDERED PUBLISHED IN FULL IR THE BlfGLBWOOD HBRALD AMI> Brl'BRPRISB. Upon the call of the roll, the vote re- aulted aa follow•: Ayes: Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 612-9 0 RELATING TO POLICDIBN'S SALARY CONTRIBUTION TO POLICBMBH'S PENSION FUND The City Manager reported that he had received a memorandum from the City Treasurer t h at although a .5% deduction had been authorized by the City that the authority for contribution on behalf of the individual police officer remained 2%. The City Attorney reported that the City Council by its action could require a contribution from the individual policemen in conformance with State Statute• in this reqard without individual permission by the various policemen. The City Mana9er suggested that the resolution be drafted for adopt.ioG by the Council at its next regular meeting. OOUHCIIMU WOODS MOVED, COUHCI LMAN MARTIN SECONDED, THAT THE CITY ATTOIUIBY BB IRSTRUCTBD TO DRAFT AN APPROPRIATE RESOLUTION SETTIRG PORTH A S" OOBTRIBUTIOR OR BBHALP OP THE INDIVIDUALPOLICBMBN TO MATCH A SIMILAR 5" CCBTRIBUTION BY THB CITY. Upon the call of the roll, the vote resulted aa followas Ayeas Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Haya: None. Abaent: None •. The Mayor declared the motion carried. 612-57 RBLATillG TO PREPAYMENT OF MOFFAT TUNNEL WATER DEVBLOPMDT NOTE The City Clerk read a letter addreaaed to him aa City Treaaurer, from Henry w. Toll of Grant, Shafroth, Toll and McHendrie, Attorneys at Law, repreaening Moffat Tunnel Water and Development Company, dated Rovember 20, 1961, wirtten in reply to the City Treasurer's letter of October 18, 1961. Thia letter atated that the figure arrived at as a settlement figure in payment of the note outatand i ng in full was not agreeable and aet forth that by the term• of the note an amount of $192,556.87 would be required to retire the note. Due to ambi9uiti•• the note and agreement Mr. ·Toll offered to settle the account for $171,888.44. Diacuaaion enaued. OOUllCILMMI BRAUlf MOVED, OOUHCIIllAN MARTIN SECONDED, 'l'BAT 'l'BB MATTER OP PIRAL SBT'l'LIMDT OP TBB MOPPAT TUNNEL AND WATER DBVBLOPMDT OOllPAIJY IK>TB BB RBPDPBD TO THE CITY ATTORNEY, SPECIAL WA'!D ~COUHSBL, CI'IY AUDITOR, AS WBLL AS TBB CITY MAllAGBR MID CITY TREASURER. Upon the call of the roll, the vot.• reaulted aa followaa Ayea 1 Counc il .. n Braun, Brownewell , McLel lan, Martin, Mil••, Woods, Kreiling. Rayas Rone. Abaent: Rone. The Mayor declared the motion carried. Minutes of Hovember 20, 1961 612-10 CITY TRBASURBR'S REPORT FOR MONTH ENDING OCTOBER 31ST The City Trea•ur•r di•cu••ed the report with the Council. Th• Mayor a•ked that the report be received and placed on file. 612-91 RBPORT OB BUILDING IBSPBC'l'OR ON ENFORCEMENT ACTIVITIES The City Manager commented on a memorandum that he had received and had been tran811litted to the City Councilmen relating to the activities and accompli•hllent• of the Junior A••i•tant Building In•pector. Councilman Braun expr•••ed hi• approval of the report and •ugge•ted that periodic report• of thi• nature be furnished the Council IK> that the enforc ... nt area of the zoning Ordinance and Building Code could be re-· vi.wed regularly. 612-52 'lb• City Manager called the attention of the Council to the encroach- .. nt on City owned land on th• north and 80uth of Little Dry Creek we•t of South Bannock Str .. t. He •tated in both these ca•e• a concrete •id.walk had been con•tructed on City owned property adjoining the buildings which are erected to the property line. He al•o discua•ad the matter of parking on City owned land without permi••ion, cau•ing a hazardou• condition ••pe- cially on the north •id• of Little Dry Creek for access i• nec•••ary to th• Englewood Merchant• Bmploy••• Parking Association lot at the rear of the City Ball. Di•cu••ion en•ued. CX>UllCIIMll BRAUB MOVBD, COUBCILMAN MILBS SECOHDBD, THAT 'l'BE CITY A'l"l'ORRBY U Du.BC9BD TO WRITB OWBBRS OP PROPBRTY ON THE NORTH AND SOUTH OP CITY onm LAID> aaJMPASillG LITTLB DRY CRBBK FOR THEIR DCROACBMDl'l' AND USB OP Cift PIOPDft WITS>UT DOCWIDTARY AGREIDIENT OR APPROVAL OP TBB CITY AND PllOl'08S '1'118 RBMOVAL OF SAID IMPROVDIBNTS Am/OR LBASIBG OP THIS CITY 011•BD LAlm POR SPBCIFIC OR O'l'HBR PURPOSES. Upon the call of the roll, the vote re•ulted a• follow•: Aye•a Councilmen Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Ray•: Hone. Ab•enta Hone. Th• Mayor declared the motion carried. 612-92 RBLATilfG TO BlfGLEWOOD COMMUNITY COUHCIL The City Manager •tated that he had received an inquiry from the BncJl.wood Colllllunity Council reque•ting a statement of policy by the City of Snql.wood on thi• organization. Council.llan Wood• •tated that Councilman elect Smukler was a member of th• AdvilK>ry Comaitt .. and undoubtedly would know more about the purpose of the eo--itt .. and it• operation. He sugge•ted that Mr. Smukler be contacted in thi• regard 80 that the City may be represented. 612-38 RBLATDIG TO 3400 BLOCK SOUTH BROADWAY, MID-BLOCK CROSSING The City Manager di•cu••ed in considerable detail the history of the reque•t for an actual operation of a mid-block cro•sing in the 3400 block South Broadway. The late•t reque•t for the r••••tabliahment of this mid- block cro••ing had been withdrawn by the Bnglewood Merchant• A•IK>ciation in a letter to Mrs. Romana dated lfovember 10, 1961. 'l'h• Mayor a•ked that the letter be received and placed on file. CITY MANAGER'S CHOICE 612-93 llqu••t for 2 Kelley day• by Fire Department 'l'be City Manager reported that he had received a petition from all the •"V"Pber• of the Pir• Department, excluding the Chief and Deputy Chief, reque•t- ing that 2 Kelley day• each month be granted to members of the Pire Department. Be stated that if the Council were favorable the Per80nnel Ordinance would. need to be changed to make thi• po••ible. Oth!r It .. a The City Manager reminded the Council they were meeting at the informal ... ting with Bn9l9WOC>d Unlimited as well as members of the Planning and zoning Co i••ion. I Th• City Manager reported there th• Bn9lewood Storm Draina9e Study. letter• to the varioua Congreaaional act in thia matter. Minutea of November 20, 1961 was no progsaaa on Federal payment for The Mayor au99eated that he write representatives and request that they ADJOURN CX>UllCIIM.Alf BRAUit MOVBD, COUllCIIl4Mf MARTIN SECONDED, '!BAT '1'BB MBB'l'IBG BB ADJOURllSD. Upon the call of the roll, the vote resulted aa followa1 Ayea1 Councilmen Braun, Brownewell, McLellan, Martin, Miles, Wood.a, Kreiling. Haya: Hone. Absent: None. The Mayor declared the meeting adjourned at 1:20 A.M., Tuesday, November 21, 1961. /s/ B. o. Beauaang, City Clerk Clerk of the Council The minute• of the meeting of the City Council of the City of Englewood, Colorado, held on the 20th day of November, 1961 A.D., stand approved aa written thia 4th day of December, 1961 A.D. 29