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HomeMy WebLinkAbout1959-01-05 (Regular) Meeting MinutesI I I REGULAR SESSION OF TRB CITY COUNCIL OF THB CITY OF BNGLDO<I>, COLORADO HBLD MONDAY THB 5TH DAY OF JAXUARY A.D., 1959 AT 8:00 P.M. • • • • • • • llayor Scott called the meeting to order and the invocation was given by Reverend L. R. Kirby of the Free Methodist Church. • • • • • • • The llayor asked for roll call. PRBSB1'T: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. ABSBllT: Martin. • • • • • • • Councilaan Hill moved ) AYBI: lfAYS: Wooda seconded ) that the minutes of December 1st and 15th be approved as typed. Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. None ABSENT: Martin. • • • • • • • llr. L. R. Jone•, Chairman of the Planning Commission and Mr. Joe M. Lacy, Plannin1 Director, each gave a report on the economic and practical aspects of a poaaible annexation of an area in College View. Council asked various queation• and discuaaed the feasibility of same. • • • • • • • A petition waa preaented for annexation of a tract 330.3 feet (B & W) x 658.4 feet (N • S) South of and adjacent to West Belleview Avenue and between South Blati and South Fox Streets extended. Councilman Bill moved ) AYBS: NAYS: Kreiling seconded ) that the petition be received and referred to the Planning Commission, and that a contract between attorneys as to title be made. Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Wooda and Scott. None. ABSENT: Martin. • • • • • • • Tbe following recommendation was received from tbe City Planning and Zonin1 Co .. ission. Tbat Lot• 48 and 49, Block 1, Taylor's addition be rezoned from R-2-B (Residential) claaaif ication to M-1 (Light Industrial) clasaif ication and tbat lot• 46 and 47, Block l, Taylor's Addition, be rezoned from R-2-B (Reaidential) classification to P Zone. Councilaan Graham moved ) McLellan seconded ) that the recommendation be approved and that a bearing be held Monday, February 2nd at 8:00 P.M. AYES: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Martin. • • • • • • • The followin1 recoamendation was received from tbe City Plannin1 and Zonin1 Coaaission. That the Zoning Ordinance be amended by additions as follow•: Article IV, Section 9, Subsection 3 (C-1 Zone District), add, "One additional story to a total not greater tban 75 feet may be peraitted by directive of the City Council, if recommended by tbe City Planning and Zoning co .. ission, and all normal safety requirements are satisfied." Article IV, Section D, Subsection 2 (C-1 Zone District), add, "Olle additioial story to a total not greater than 65 feet aay be per- aitted by directive of the City Council, if recommended by the City Planning and Zoning Comaisaion, and all normal safety requirements are satisfied." Councilman Graham moved ) Hill seconded) the adoption of the recommendation and that the City Attorney be requested to prepare the ordinance for same. AYBS: Braun, Brownewell, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: Martin. • • • • • • • The following recoaaendation was received from the City Plannin1 and Zonins Co .. iasion. Tbat tbe zoning co .. 1t .. nt, as requested in letter fro• Board of County co .. iaaioners, Arapahoe, County, under date of December 8, 1958, be authorized. It was the opinion of the Council that this Council could not guarantee the action• of later Councils, and that the City Attorney sbould write a letter to the coaaiasioners expressing the Council's views. • • • • • • • councilman K.eiling save a report on a meeting held with State Rishway Depart .. nt representatives, County Commissioners and City officials, par- ticipating in regards to the Highway users Tax. • • • • • • • Councilman Martin entered and was seated witb the Council. • • • • • • • An application by Joseph H. Pollock, 3268 South Washington Street, for a 3-way liquor licenae, to be located at 33 West Girard·-i Avenue was presented. Councilaan Graham moved ) Woods seconded ) that the application be received and that the premises be ordered posted, and tbat the date of hearing be set for February 2, 1959 at 8:00 P.M. AYBS: Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: Mone. ABSENT : Braun. • • • • • • • Suppleaent Muaber 7 to the Contract and Agreement by and between the City of BDslewood and the Southeast Englewood Water District waa presented for approval. The additions are described as follows: The Northeast Q\larter (NEt) of the Northeast Quarter CB&t) of the Southwest Quarter (SWi) of Section 30, Township 5 South Range 67 West of the Sixth Principal Meridian, Arapahoe County, Colorado. All of that portion of the Northeast Quarter CNEi) of the Morthwest Quarter (Jnri) of the Southwest Quarter (SWt) of Section 14, Township 5 South, Ranse 68 West of the Sixth Principal Meridian, Arapahoe County, Colorado, which lies B&*t of the right-of-way of Righline Canal. Councilaan Kreiling moved ) Hill seconded ) to approve and that the llayor and City Clerk be authorized to sign. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woode and Scott. NAYS: None. ABSENT: None. • • • • • • • I I I I I I I Right of way grants for opening of West Grand Avenue and South Acoma Street near Sinclair Junior High School were presented. "Quit Claim Deeds were received fro• School District No. 1, Arapahoe Couaty and from Jlr. Richard Andrews." Councilman Grabaa moved ) Brownewell seconded ) that tbe City accept same. ATBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woode and Scott. NAYS: lfone. ABSENT: None. • • • • • • • An eaae .. nt to Public Service Company across water intake lanc:la was presented for signatures. A check for $500.00 was presented for aa ... Councilman Brownewell moved ) Braun seconded ) that the following be included in tbe easement, "or other ground structure• to be erected on sa•," and that tbe Mayor and Clerk be authorized to aiga. AYES: Braua, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Wooc:la and Scott. NAYS: None. ABSENT : None. • • • • • • • The following Bill for an ordinance was presented and read in full. A BILL POR Alf llRDllfAlfCB ADllDING ORDINANCE NO. 33, SBRIBS OP 1957, Blfl'ITLBD TBB "MISCBLLARBOUS OPPBtfSBS ORDINANCE: OF THB CITY OF BNGLDOCI>, COLORADO, BY RDUllBDillG .&RTICLB 17 TBBRBOF AS ARTICLE 18 Alm ADDilfG TllDfiO A lfBW ARTICLB 17 DUilfllfG CDTAIN DISANCES WITHIN TBB CITY OP BJIGLDOCI>, COLalADO, AllD PROVIDllfG POR THB ABATBllBNT, RDOVAL, OR SUPPRBSSIOlf OP TBB SAD AID llAKlllG TRB SAD SUBJICT TO ALL arBER PENALTIBS AND RBlllDIBS OF SAID ORDI- NilCB. BB IT ORDAINBD BY THE CITY COUNCIL OF THB CITY OF BlfGLBW<XI>, COLORADO: Section 1. Article 17 of Ordinance No. 33, Series of 1957, eatitled tbe "lliscellaneoua Offenaea Ordinance: of the City of Bnglewood, Colorado, is berebJ renuabered as Article 18 of said ordinance, and tbe nuaber "17.1 (a)!' ,in tbe lut line of Section 17 .1 (b) is hereby amended to read "18.1 (a)." Section 2. Ordiaance No. 33, Series of 1957, entitled tbe "lliscel- laneoua Offialel Ofdinance: of the Clty of Englewood, Colorado, is hereby a•nded by adding thereto a new A1·ticle 17, entitled "Article 17. lfuisances," which aball read as follows: •• "Article 17. Nuisances. "17.1 The keeping of animals or fowl of any kind within the City of Englewood which shall be or beco .. obno~ious by reason of odor, uncleanliness, disease, or eaitting loud and unusual noises sufficient to disturb tbe peace and quiet of any neighborhood or family shall be and hereby is declared to be a nuisance. "17.2 Any abandoned, or unused ice box or other compart- ment capable of being air tight when the doors thereto are closed is hereby declared to be a nuisance when exposed to access of children or the general public. "17.3 Any person who shall dump, throw or place upon the streets, alleys or other public places, any garbage, waste, debris, or any object or substance which ia·, or tends to beco .. noisome, foul, offensive, or putrid shall be guilty of creating a public nuisance. "17.4 It shall be the duty of the Chief of Police and such other officer& as he may direct, from time to time, to ascertain and cause all nuisance• herein declared to be abated. Bach and all of said officer• aball, under the supervision of the Chief of Police, have authority in the daytime to enter any storebouae, stable or any building, in order to make a thorough examination of the cellar, vaults, sinks or drains; to enter upon all lots or grounds; and to cause all stagnant waters to be drained off, and pools, sinks, vaults, drains, boles, or low ground to be cleaned, filled up or otherwise purified; and so cause all noisome subatances or unhealthy conditions to be abated or removed as provided by this ordinance, or other ordinance of this City. "17.5 In all cases where a nuiaance shall be found in any building, or upon any ground or other prellises, nitbin the City of Englewood, twenty-four (24) hours notice ma.y be given in writiag.,si~ned by the Chief of Police or such other officer as be ma.y designate, to the owner or occupant or person in possession, charge or control of such building or other premises where be is known and can be found, to remove such nuisance. In case of the neglect or refuaal of such person to abate the same in accordance with such notice, be ahall be chargeable with the expenses which aay be in~ curred in the removal thereof, to be collected by suit or otherwise, in addition to penalty for violation hereof. "17.6 In all cases where no provision is herein made defining what are nuisances and how the same may be re- moved, abated, or prevented, in addition to what may be declared such herein, those offenses which are :~known to the Co1me>n Law of the land and the Statutes of Colorado as nuiaancea aay, in case the same exist within the city liaits of the City of Englewood or within one mile thereof, be treated as such and proceeded against as in this ordinance provided, or in accordance with any other provision of law." "17.7 Any act declared in this ordinance to be a auisance shall be subject to all of the other penalties and remedies of Ordinance No. 33, Seri•• of 1957, aa amended." Passed on First Reading by the City Council of the City of Ingle- wood, Colorado this 5th day of January, A.D. 1959, and ordered published in full in tbe Bnglewood Herald and Enterprise. ATTBST: Cl'Cf Clerk Couadilaan McLellan moved ) Martin seconded ) 11&yor that the bill just read be passed on first reading and ordered published in full in the Englewood Herald and Enterprise. AYBS: Braun, Brownewell, Martin, Graham, Rill, Kreiling, McLellan, Woode and Scott. NAYS: None. ABSENT: !lone. • • • • • • • The following bill for an ordinance was presented and read in full. A BILL FOR Alf ORDINAI«:B RELATING TO THE KEEPING AND llAINTAINIHG OF DOGS; PRClllBITllfG DOGS FROM RUMlfilfG AT LARGE WITHIN THE CORPORATE LIMITS OF TBB CITY OP DGLB- WO<I>, COLORADO; AUTHORIZING THE IMPOUNDING AND DBSTRWCTION OP DOGS; PR<lllBITilfG Tiii: POISONING OF DOGS; PROVIDING PBNALTIBS FOR TRB VIOLATIOK TRBRBOF, AND RBPBALlllG ORDIKAI«:B NO. 11, SERIES OF 1954, AND ALL ORDINAlfCBS OR PARTS OF ORDIKAlfCBS IN COIU'LICT RBRBWITH. BB IT ORDAINED BY THB CITY COUNCIL OF THB CITY OP BNGLDO<I>, COL<llADO: Section l. Definition of terms, as used in this ordinance, unless the context otheilt•e indicates. I I I I I I I (a) "Dog" (b) "OWner" intended to mean both male, and f eaale shall be intended to mean any person or persons, firm, association or cor- poration owning, keeping or harboring a dog or dogs. (c) "At Large" shall be intended to mean off the pre- mises of the owner and not under con- trol by leash, cord, chain or otherwise, or not under the immediate control oi supervision of the keeper or an eaployee, servant or member of the ia .. diate family of the keeper or of the owner or an employee, servant or meaber of the immediate family of the owner. Section 2. It shall be unlawful for the owner of any dog to keep or maintain any such dog unless it shall have been vaccinated by a licenaed veterinary surgeon with anti-rabies vaccine, within one year preceding the date on which such dog is kept or maintained, and every such dog within the limits of the City of Englewood, Colorado, shall at all time• have a current rabies tag as provided by the State Department of Health, or a subdivision or legal representative of such department. Section 3. No owner or keeper of any dog sbal1 permit such dog to be or to run at large, and the same is hereby declared to be a public nuisance. Section 4. It shall be unlawful for any owner or keeper of any dog or do .. to permit such dog or dogs, by loud and persistent habitual barking, bowling or yelping, to disturb any person or neighborhood, and the same is hereby declared to be a public nuisance. It shall not be necessary, for the purposes of this section, to identify and describe the dog or dogs which are barking, bowling or yelping, provided only that it shall be shown who baa possession, care, custody or control of said dog or dogs. Section 5. It shall be the duty of the Chief of Police, or such person or persons as be may designate, to apprehend every dog running at large contrary to the provisions of this ordinance and toimpound such dog in the City J>Ound or other suitable place, PROVIDBD however, that if any dangerous, fierce or vicious dog so found at large cannot be safely taken up and impounded, such dog may be slain by any police officer. The person in charge of the City Dog Pound, or such other person as the Chief of Police may designate, upon receiving any dog shall make a complete registry, en- tering the breed, color and sex of such dog and whether or not such dog baa a current rabies tag. If such dog has a current rabies tag, be shall enter the number of said tag and the name and address of the owner, if the same can be obtained. Section 6. Not later than three (3) days after the impounding of any dog, the owner shall be notified, or if the owner of the dog is unknown, written notice shall be posted for three (3) days in three (3) or more con- spicuous places in the City of Englewood describing the dog and the time and place of taking. The owner of any dog so impounded may reclaim such dog upon payment of all costs and charges incurred by the City of Englewood for impounding and maintenance of such dog, provided that be shall also forth- with obtain a current rabies tag if such dog shall not have such tag. Section 7. It shall be the duty of the person in charge of the City Pound, or such other person as the Chief of Police may direct, to keep all dogs impounded under the provisions of this ordinance for a period of six (6) days. If at the expiration of six (6) days from the date of notice to the owner or the posting of such notice, such dog shall not have been redeemed, it may be destroyed. Section 8. It shall be unlawful for any person to poison any dog or dogs or to aistribute poison in any manner whatsoever with the intent of poisoning any dog or dogs. Section 9. (a) Whenever, in any section of this ordinance, the doing. of any act is required, prohibited or declared to be unlawful or a nuisance, any person or persons, firm, association or corporation defined as an owner under the provisions of this ordinance who shall be convicted of a violation of any such section shall for each offense be fined in a sum not more than Three Hundred Dollars ($300.00) or imprisoned not to exceed ninety (90) days. (b) any violation or violator other civil action, which Section 9 (a). The City may, in its discretion, proceed against of this ordinance by abatement, injunction or remedies shall be cumulative to the penalties in Section 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitu- tional by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct and independent division and such holdings shall not affect the validity of the remaining portions thereof. The City Council here- by declares that it would have passed this ordinance and each portion or portions thereof irrespective of the fact that any one portion or portions be declared invalid or unconstitutional. Section 11. Ordinance No. 11, Series of 1954, and all other ordinances and parts of ordinances in conflict herewith are hereby repealed. Passed on First Reading by the City Council of Jthe City of Englewood, Colorado, this 5th day of January, A.D. 1959, and o•dered published in full in the Englewood Heral~ and Enterprise. llayor ATTEST: CI~--ci:erK Council .. n Woods moved ) Graham seconded ) that the bill just read !be passed on first reading and ordered published in full in the Englewood Herald and Enterprise. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • The following bill for an ordinance was presented and read and full. A BILL Pell AK ORDIKANCB AllBNDING ORDINANCE NO. 45, SERIBS OP 1955, AS AllBKDBD, TO PROVIDB POR A1' ADDITIOKAL STORY ON BUILDINGS IN C-1 A1'D C-2 BUSIDSS DISTRICTS BY DIRBCTIVB OF THE CITY COUNCIL. IF Rioc=OIOIENDED BY TBB CITY PLAIOllKG ill> ZOKIMG COIOllSSIOM, AND 'IBERB ALL NORMAL SAFETY REQUIRBllBITS ARB SATISPIBD. BB IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BKGLD<XI>, COLORADO: Section 1. Subsection 3 of Section 9 of Article IV of Ordinance No. 45, Serles of 1955, as amended, of the ordinances of the City of Engle- wood, Colorado, is hereby amended to read as follows: ,,., ~. Maximum Height of Buildings: (1) 5 stories but not greater than 60 feet; provided that one additional story to a total not greater than 75 feet may be permitted by directive of the G1tJ •. Coync:11, if recommended by the City Planning and Zoning Commission, and all normal safety re- quirements are satisfied." Section 2. Subsection 2 of Section 10 of Article IV of Ordinance No. 45, Serles of 1955, as amended, of the ordinances of the City of Engle- wood, Colorado, is hereby amended to read as follows: "2. Maximum Height of Buildings: (1) 4 stories but not greater than 50 feet; provided that one additional story to a total not greater than 65 feet may be permitted by directive of the City Council, if recommended by the City Planning and Zoning Commission, and all normal safety re- quirements are satisfied." Passed on First R ~ading by the City Council of the City of Engle- wood, Colorado, this 5th day of January, A.D. 1959, and ordered published in full in the Englewood He rald and Enterprise. Mayor ATTBST: Clty---cTerk I I I I I I I I Councilman Hill moved ) Graham seconded ) that the bill just read be passed on first reading and ordered published in full in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • The City Manager made a ~eport on the 3.2 beer outlet at 3201 South Santa Pe Drive. • • * • • • • The City Manager gave a preview of the budget and cash balances in the various funds at the close of the year 1958. • * • • • • • The City Manager presented a statement from the Colorado Municipal League for membership in the league in 1959 in the amount of $1,100.00. Councilman Brownewell moved ) Braun seconded ) to continue membership in the League and that the bill for same be placed in line for payment. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellaa, Woods and Scott. NAYS: None. ABSENT: None. * * • • • • • Councilman Braun moved ) Brownewell seconded ) that the invoices, bills and claims approved by the Manager and listed by the Clerk, be allowed and paid. ATES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • Mayor Scott gave a report on the Urban Mayors and Managers group activities. The Mayor stated that the City of Englewood should have a delegate to the State Highway Study Group. • • • • • • • Councilman Brownewell moved ) Martin seconded ) to adjourn. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. * • * • * ··J~¥~ De pat /7"~ Y er (signed) The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 5th day of January, 1959 A.D., stand approved as written this 2nd day of February, 1959, A.D. ATl'BST: