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HomeMy WebLinkAbout1960-03-07 (Regular) Meeting MinutesRB8ULAR UBTING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 7 , 1 9 60 The City Council of the City of Englewood, County of Arapahoe, Colorado met in regular session on Monday, March 7, 1960 in the Council Chambers, City Hall, Englewood , at the hour of 8:00 P.M. Mayor Scott presiding called the meeting to order and the invocation was given by Councilman Martin. The llayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Braun, Brownewell, Kreiling, Martin, McLellan , Woods, Scott. Also Present: City Manager Rudd . Abaen t : None. City Attorney Esch City Cler!~ Beausang. The llayor declared a quorum present. 601 2 APPROVAL OF MINUTES COUlfCILllAN BRAUN MOVED, COUNCILMAN KREILING SECONDED, THAT THE MINUTES OF l'BBRUARY lST AND FEBRUARY 15TH, 1960 BE APPROVED AS TYPED. Upon the call of the roll, the vote resulted as follows: • Ayes: Councilmen Woods, McLellan, Martin, Krelling, Brownewell, Braun, Scott. Nays: None. Absent : None. The llayor declared the motion carried. RELATING TO INSPECTION FEES ON MOBILE HOMES llr. Fred Haverkate and other motel owners were present and asked to be repre- aented by llr. William Hart of 3055 South Santa Fe Drive. Mr. Bawt reviewed the results of the court action concerning the Mobile Home Ordinance of tbe City of Englewood which provided for an inspection fee. He stated that tbe court bad found Section 33 unconstitutional. He discussed other aspects of tbe problem. He stated that after contact with all the other trailer park owners in ~ Englewood with the exception of two, that the fee be set at 50~ per month due to the fact tbat the trailer park owners pay the Business and Occupational Tax and ~bat the turnover was not substantial at all and would permit a bimonthly. inspection which woaAd net $1.00 fee per Inspector trip per trailer. It was suggested that the Inspector bill the trailer home owners on the basis of the number of trailers inspected. The City Manager and City Attorney discussed the proposal with the Council. The City llanager stated tbat be felt it to be desirable to have the Ordinance self admin- latrating whereby the trailer park owners would make p~yment in line with the number of trailer spaces rented for more than 15 days would be included while less ·than 15 days would not be included in the monthly charge. COUlfCILllAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE PROPOSAL BY llR. WILLIAM HART FOR THE MOBILE HOME OWNERS BE RECEIVED AND RBPERRED TO THE CITY maon 1FOR S'nJDY AND RECOllllBNDATION TO THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent : None. The Mayor declared the motion carried. 601 -37 APPLICATION FOR APPROVAL OF CHANGE OF OWNERSHIP IN MUTT'S BAR HARBOR The City Clerk read an application fDom Lionel M. Zinn and Ben L. Hoffman dba llutt's Bar Harbor for a Beer, Wine and Spirituous Liquor License at 3484 South Broadway, Englewood, Colorado. He stated that this is a change of ownership with Mr. Maurice Saliman withdrawing from the partnership with Mr. Hoffman. He stated that letters of reference and the partnership agreement had been filed with him. The City Manager reported that the Police Chief bad been instructed to inves- tigate llr. Zinn. The report showed that Mr. Zinn does not have a police record. Minutes of March 7, 1960 COUNCILMAN KRBILING MOVED, COUNCILMAN MCLELLAN SECONDED, THAT THE APPLICATION Puat <.,&NGB 01'' O"'.HIRSHIP IN THE LIQUOR LICENSE AT MUTT'S BAR HARBOR BE APPROVED. Upon the call of the ~oll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, K1eiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The Mayor declared the motion carried. 601 -26 PROCEEDINGS OF BOARD OF ADJUSTMENT AND APPEALS SESSION OF FEBRUARY 10, 1960 and 601-8 PROCEEDINGS OF CITY PLANNING AND ZONING COMMISSION OF FEBRUARY 18, 1960 The City Manager reported that these were informational and no action was required. The llayor requested that they be placed on file. 601-22 PROCBBDINGS OF BOARD OF CAREER SERVICE COMMISSIONERS SESSION OF FEBRUARY 17, 1960 The City Manager reported that he was edified by the fact that there were 25 applicants who took the examination for police patrolman on February 19th. The llayor accepted the minutes and asked that they be placed on file. 601-38 COMMUNICATIONS The City Clerk read a communication addressed to the City Manager from Mrs. Lillian W. Bullen thanking the City for the beautiful plaque recently presented to her. The City Clerk read a letter from Mr. C. L. Maddox addressed to the Mayor nd the City Council expressing his appreciation for the fine lighting instal- lation recently completed on South Bannock. The Mayor accepted the letters and expressed bis appreciation for their thoughts. RELATING TO THE ENGLEWOOD DAM The City Attorney reported that he had recently written to the County Commissioners about the problem and the City's concern and also proposed an agreement which be had sent to Mr. Redak for his approval. The City Manager discussed the text of the proposed agreement submitted to Mr. Redak. COUNCILMAN WOODS MOVED, COUNCILMAN MARTIN SECOND.ED, THAT THE COUNCIL APPROVE THE SUBSTANCE OF THE PROPOSED AGREEMENT SUBMITTED TO MR. REDAK RELATING TO THE llAIMTBNANCE OF THE ENGLEWOOD DAM. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 5, SERIES OF 1960 Introduced as a Bill by Councilman Woods AN ORDINANCE AUNDING PARAGRAPH 13 OF SECTION 5 OF ARTICLE IV, "R-1-D ZONE DISTRICTS", OF ORDINANCE NO. 45, SERIES OF 1955, OF THE ORDINANCES OF THE CITY OF &NGLBWOOD, COLORADO, KNOWN AS THE "ZONING ORDINANCE OF THE CITY OF ENGLBWOOD," BY ADDING THERETO A SUB-PARAGRAPH (c) TO PROVIDE THAT BUILDING SITES WITH 50-FOOT FRONTAGE MAY BB PERMITI'ED BY ACTION OF THE BOARD OF ADJUSTMENT AND APPEALS, AJ'TBJC: A PUBLIC HEARING, WHEN CERTAIN CONDITIONS THEREIN SPECIFIED ARB FOUND TO EXIST. was read for the second time. COUNCILMAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT ORDINANCE NO. 5, SERI&S OF 1960, BB PASSED ON SECOND READING AND ORDERBD PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTBRPRISE. Upon the call of the roll, the vote re- sulted as fol!ows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The llayor declared the motion carried. I I I I Minutes of March 7, 1960 APPEAL OF RICE CASE TO SUPREME COURT The City Attorney reported that the Rice Case dealing with the contested annexation of some 134 acres of land southwest of Englewood bad been appealed to the Supreme Court. He requested permission to defend the case. COUNCILMAN BRAUN MOVED, COUNCILMAN MCLELLAN SECONDED, THAT THE CITY ATTORNEY BB GIVEN AUTHORITY TO DEFElt) ON BEHALF OF THE CITY THE APPEAL OF THE RICE CASE TO THB SUPRBllB COURT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The Mayor declared the motion carried. RKPORT ON SALES TAX CASES The City Attorney reported that the motion to dismiss the petition had failed and that the next step was to prepare an answer to the charges. He stated that the Supreme Court is reviewing the recently enacted legisla- tion by tbe State Legislature dealing with Sales Tax and the action of that court may help in this particular case. After the answer is filed with the court than a trial date on the case will be aet. R&LATING TO AWARD OF CONTRACT FOR SANITARY SEWER CONSTRUCTION The City Manager reported than an award had not been made for this contract because easements had not been secured. He reported that the low bidder, the Awalt Construction Company seemed to be reliable. He recommended approaching the low bidder as to permitting an extension on the period for acceptance of bid by the City. Discussion ensued. COUNCILMAN KRBILING MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE LOW BID OF THE AWALT BROT~ BE ACCEPT~D SUBJECT TO A MUTUAL AGREEMENT TO AN EXTENSION OF TIME IF THE EASEMENT IS NOT SECURED WITHIN THE NORMAL 30 DAY PERIOD FOR ACCEPTANCE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: Rone. The Mayor declared the motion carried. REPORT RELATING TO COVERING IRRlGATIONAL LATERAL The City Manager reported that the improvement of East Floyd Avenue between Sherman and Broadway would require the covering of a ditch lateral which carried water from that vicinity to the vicinity of West Dartmouth and .the railroad tracks. He emphasized the many sections of this lateral which had been covered, rerouted or still ran open. He suggested that the owner of these ditch rights be approached for the possibility of purchase of those rights and .. doing away with this lateral. He stated that the owners of these rights are Mr. and ·Mrs. Louis O&trousky. Discussion ensued. COUNCILMAN W:LELLAN MOVED, COUNCILMAN BRAUN SECONDED, THAT THE MATTER BE REFERRED TO THE CITY WATER AND SEWER BOARD FOR RECOMMENDATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The llayor declared the motion carried. RELATING TO THE MCBROOM DITCH COMPANY WATER RIGHTS The City Manager reported that after the water rights un.der purchase by the City are transfered to the City by the Colorado Central Power Company the Power Company -All have no interest in the McBroom Ditch. As the principal stock bolder of the Ditch, the City would have two members on the Board of 23 24 Minutes of March 7, 1960 Directors. Be discussed the detail of this transfer. He requested that the City Council designate the officials of the City to act on behalf of the City as Directors of the llcBroom Ditch Company. Discussion ensued. COUNCILMAN BBmlfDELL MOVED, COUNCILMAN MARTIN SECONDED, THAT MR. HAROLD BABCOCK AND MR. JOHN CURTICE BE CONSIDERED TO SERVE AS DIRECTORS ON THE BOARD or TRI llmROOM DI'n:H COMPANY WITH DETAILS OF TRANSFER OF DI'n:H STOCK AND VOTING RIGWl'S TO BE REVIEWED BY WATER AND SEWER BOARD. Upon the call of the roclal, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The Mayor declared the motion carried. APPROVAL OF PLANS FOR PROPOSED MEADOW CREEK DAM The City Manager reviewed that the plans and specifications for the proposed Meadow Creek Dam were recently completed by Tipton and Kalmbach, Inc. He showed tbe plans to the Council in general. He reported that the estimated cost of the pro j ect originally was $950,000. presently had been reviewed and increased to $990,000. In discussing the plans he remarked that he had completed contract with Tipton and Kalmbach, Inc. and he personally was very satisfie~ with their work. The City Manager reported that in order to have these plans approved prior to a call by the court to prove due diligence in developing these Meadow Creek water rights, that the Council act rapidly on this matter. Discussion ensued. COUNCILMAN BROWNEWELL MOVED, COUNCILMAN MARTIN SECONDED, THAT THE COMPLETED PLANS BB RD'BRRBD TO THE WAT.ER AND SEWER BOARD WITH THE UNDERSTANDING THAT THE COU1'CIL WOULD ACT ON THE RBCOMUNDATION OF THE WATER AND SEWER BOARD AT A SPECIAL ll&BTING or THE COUNCIL IF NECESSARY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The Mayor declared the motion carried. RECESS The Mayor called a recess of the Council until 10:20 P.M. CALL TO ORDER The Mayor called the meeting to order with the following persons present: Councilmen Braun, Brownewell, Kreiling, Martin, McLellan, Woods, Scott. Absent: None. The Mayor declared a quorum present. RBLATING TO PERSONNEL FOR CLERK'S OFFICE The City llaaaser reported that he had received a request from the City Clerk for an additional clerical en1ployee in that office. He reported that be bad reviewed this request and recommended that an additional employee be hired and that $2,500. of the Unappropriated Surplus be encumbered for that purpose. Discussion ensued. The Mayor reported that he had no advance knowledge of this and be would need to have further information. The City Clerk asked for permission to read his memorandum to the City Manager in full. Permission was granted. Discussion ensued. The llayor stated that be wished to review the request, not as a matter of lack of confidence in the administration, but for his own information prior to acting. He discussed the possibility of a special informal meeting for that purpose. The meeting was set for March 16th on or about 9:00 P.M. in the Library. I I I I Minutes of March 7, 1960 REGARDING THE INVESTMENT OF SEWER REVENUE BOND PROCEEDS The City Manager read a memorandum from the City Clerk-Treasuerer relating to the investment of the Sewer Revenue Bond proceeds over the next eight to ten months which would earn the City an amount of $6,502.70 interest. REVENUE FROM SALE OF GRAVEL The City Manager reported that the receipts from the sale of gravel from the Cooley land amounted to $92,633. as compared to the cost of $40,000. This revenue is a benefit beyond the use of the water rights. REPORT ON PROGRESS ON FEDERAL GRANT IN AID FOR PLANNING The City Manager reported that he was grogressing in clearing up loop boles. When this is done the application will be forwarded to the Federal gency. ACQUISITION OF BOOKMOBILE • The City Manager reported that the Greater Englewood Foundation had donated a Bookmobile to the City as an expanded service of the Library. He stated that this acquisition will bind the C i ty to $10,000. to $12,000. expenduture each year. He stated that the Library Board will accept the gift on behalf of tbe City when formally p resented by the Greater Englewood Foundation. MR. SUMMBRS WITH REGARD TO HOLIDAY DRIVE-IN LIQUOR APPLICATION Mr. Summers announced that be would oppose the application for transfer of tbe Liquor License of the Beefeater to the Holiday Drive-In. He requested that the premises be posted and a hearing be held because the operation of the liquor establishment has been terminated by the present license bolder and therefore, it is not the usual transfer. Discussion ensued. COUNCILMAN Kll.EILING MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE CITY COUNCIL RBCBIVB TH& APPL ICATION FOR BEER, WINE AND SPIRITUOUS LIQUOR LICENSE BY SHllJ;IE GRISWOLD DBA HOLIDAY DRIVE -IN AND THAT THE USUAL POLICE INVESTIGA- TION OF MRS. GRISWOLD BE REQUESTED AND THAT THE MATTER OF LEGAL PROCEDURES BE RBFBRRED TO TUB CITY A'M'ORNEY; THESE REPORTS TO BE PRESENTED TO THE COUNCIL llBBTING OF MARCH 21, 1960. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. bsent: None. The Mayor declared the motion carried. 601-19 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR FEBRUARY, 1960 COUI«;ILllAN BROWNEWBLL MOVED, COUNCILMAN KREILING SECONDED, THAT THE BILLS, CLAillS, AND INVOICES FOR THE MONTH OF FEBRUARY, 1960 AS LISTED BY THE CITY CLBRK AND APPROVBD BY THE CITY MANAGER BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kraling, Brownewell, Braun,. Scott. Nays: None. Absent: None. The Mayor declared the motion carried. MAYOR'S CHOICE The Mayor reported that officials of the City of Englewood had met with the City of Littleton representatives relating to water matters. He was pleased with regard to the cooperative attitude which is developing between the two communities. Councilman Kreiling reported on a recent Arapahoe Mayor's Association meet- ing which he attended on behalf of the Mayor. 25 26 Minutes of March 7, 1960 ADJOURN COUNCILMAN BRAUN MOVED, COUNCILMAN MARTIN SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Kreiling, Brownewell, Braun, Scott. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 11:50 P.M. /s/ B. o. Beausang City Clerk, Clerk of the Council • The minutes of the meeting of the City Council of the City of Englewoo9, Colorado, held on the 7th day of March, 1960 A.D. stand approved as corrected this 4th day of April, 1960 A.D. I