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Home My WebLink About1958-05-05 (Regular) Meeting MinutesREGULAR SESSION OF THE CITY COUNCIL OF ElfGLDOOD, COLORADO HELD MONDAY THB 5TH DAY OF MAY, 1958 A.D. AT 8:00 P.M. • • • • • • • • • Tbe Meeting was called to order by Mayor Scott and tbe invocation was given by Reverend Frank McCall of St. Thomas Community Church. • • • • • • • • • Mayor Scott asked for roll call. PRBSBlft': Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. ABSBlft': llcLellan. • • • • • • • • • Councilman Woods moved ) Martin seconded ) that the Minutes of April 7, and 21, be approved as written. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, Woods and Scott. NAYS: None. ABSENT: McLellan. • • • • • • • • • Councilman McLellan entered and was seated with the Council. • • • • • • • • • A bearing bad been scheduled on an appeal in ~be matter of rezoning of tbe 4300 Block on South Lincoln Street from R-1-D to R-3 Zone. Tbe appeal for bearing bad been requested by Richard H. Simon, Attorney for Fredrika Broadhurst operator of a rest home at 4332-40 South Lincoln. Mr. Simon asked for permission to withdraw bis appeal and presented the following letter addressed to the City Council. City Council City of Englewood Englewood, Colorado Gentlemen: May 5, 1958 Re: Re-Zoning 4300 Block South Lincoln Street You have scheduled, at my request , a public bearing with reference to rezoning 4300 Block South Lincoln Street for May 5, 1958. Since requesting the public hearing it bas come to my attention that although ~be owners of property in the block and the property immediately adjacent thereto have no particular objection to a change of zoning for cer- tain purposes, many of the owners are opposed to an R-3 zone, because of a rumor that one owner intends to demolish a home and use the property for a public parking lot. Under tbe circumstances it seems advisable to request permission to withdraw tbe request for said public bearing at this time. The request for rezoning was recommended by the Zoning Board of Adjust11ent after coaplaints were aade with reference to obnoxious odors coming froa the bolle of Mrs. Broadhur•t at 4332 South Lincoln , Mrs. Broadhur•t bas arranged to have all refuse removed to tbepablic d~mp rather than burn the same and I believe tbe objection to tbe use of her home no longer exista. Should there be further coaplaints resulting from the burning of thing• at 4332 South Lincoln Street which constitutes a public nuisance, the enforcement of the appropriate ordinance or statute by the City Attorney or District Attorney is available to abate such a nuisance. Thanking you for your consideration in this matter, I am Sincerely, Richard H. Simon Mr. Simon spoke briefly on his request for withdraw&~ of the appeal for hearing. Some of the Council Members thought that the residents who had appearert for a hearing should be heard , and after a lengthy discussion, Councilman Graham moved ) Kreiling seconded ) that there be no hearing as the petition for rezoning had been withdrawn. AYES: Brownewell, Martin, Graham, Hill, Kreiling , McLellan, Woods and Scott. NAYS: Braun ABSBMT : None . • • • • • • • • • llrs. Palmer of 3924 South llati Street asked the Council if they would allow the carnival to show without paying the license fee since the Junior Police Band would have to pay the license. Mrs. Palmer was told that the carnival would have to pay the resular license fee. • • • • • • • • • Councilman Braun presented and read a petition signed by 20 property owners living in the 3300 Block South Ogden Street. These property owners have pledged $680.00. The petition reads as follows: To: City Council, City of Inglewood. B.R.Braun Councilman Ward #2 April 28, 1958 We, the undersigned property owners, desiring to have something done in resarda to the removal of drainaae waters from the 3300 Block So. Osden St. and 3300 Block So. <>sden So. Corona alley, do hereby pledge the amounts opposite our naae• towards the purcbaae of the neceasary equipment (pipe and puap) to drain the above area. All money to be paid in on or before Aulust 15, 1958 to the City Clerk treaaUJ"er of Bn1lewood, Colo. It is fully understood that the puap would be unable to handle a ll&jor flood con- dition but it would be used to keep the area clear of waters froa normal run off. Councilaan Grabaa moved ) Woods seconded ) to receive the petition and refer aame to tbe City Manager for a report on cost, feasibility and liability. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSB:MT : None . • • • • • • • • • City Attorney Joaepb Isch gave a summary of the Simpson Plan. llayor Scott stated that the cities affected by the plan bad been requested to contribute 1/10 of one mill on tbe assessed valuation for a fund to coabat tbe plan. Councilman Braun moved ) McLellan seconded ) that the City of Inglewood make available to tbe executive committee $3,801.55 to combat tbe plan. AYIS: Braun, Brownewell, Martin, Graham, Hill , Kreiling, McLellan, Woods and Scott. NAYS: None. ABSBMT: None . • • • • • • • • • Glen N. Robertaon • Lucille O'Neil dba The Beacon Grocery, presented an appli- cation for a 3.2 Beer License at 4732 South Broadway. Councilaan McLellan moved ) Graham seconded ) that the application be received, the premises poated and that the bearing be held June 2, 1958. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSBMT: None. • • • • • • • • • I I I I ,1 I f A report by Justin H. aaynes and Company on appraisal of lands and structures near tbe sewage Disposal Plant was presented. Councilman McLellan moved ) Braun seconded ) to receive the report and refer same to the nego- tiating committee. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT : None . • • • • • • • • • A letter was presented and read from Mr. J. E. "Ernie" Wilson asking that bis resignation from the Zoning Board of Adjustment be accepted as be was moving out- side the City Limits. Counc.ilman Braun moved ) Graham seconded ) Councilman Woods moved ) Graham seconded ) to ac -·t bis resignation with regrets and that a let \. ... r sig·ned by the Mayor be given to Jlr. Wilson. • • • • • • • • • that Mr. Tymer Rice be appointed to tbe ~Zoning Board of Adjustment. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods -and Scott. NAYS: None. ABSEJIT: None. • • • • • • • • • Mr. Joe Lacy, Planning Director, presented and explained a tentative proposal for an amendment to the zoning ordinance to institute a second multiple family zone district (R-3-A) (Recommended by the Planning Commission see Minutes of their meeting dated 4-24-1958) Councilman Braun moved ) Hill seconded ) to receive the recommendation and refer same to the City Attorney for preparation of the ordinance. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woode and Scott. NAYS: None. ABSENT: None. • • • • • • • • • A letter was received from Mr. McDougal in regards to planning. Councilman Braun moved ) Kreiling seconded ) to receive same. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods ".and Scott. NAYS: None. ABSENT : None. • • • • • • • • • The following Ordinance was presented and read. DRD. Ro. 13 ORDINANCE NO. SERIES OF 19 Alf ORDINANCE RBZONlNG THE FOLLOWING DBSCRIBED PROPERTY FROM M-1 (INDUSTRIAL DIS- TRICT) AND R-1-A (RESIDENTIAL DISTRICT) TO THE VARIOUS CLASSIFICATIONS AS SBOWlf ON THE llAP ATTACHED HERETO AND MADE A PART HEREOF: ALL OF THOSE PORTIONS OF SBCTIONS 28, 33, AND 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL llBRmIAM, ARAPAHOE COUNTY, COLORADO, MORB PARTICULARLY DESCRIBED AS: ALL OF THAT PART OF THE PRESENT AREA OF THE CITY OP ENGLEWOOD LYING WEST OF THE WEST LIMB OF SOOTH BLATI STRBBT FROM WEST YALE AVBNUE TO THE NORTH LINE OF WBST BATES AVE!fUE, AND ALL OF THAT PART OF THE CITY LYING WEST OF THE EAST RIGB'l'-OF-WAY LINE OF THB A. T. • S. F. RAILWAY COMPANY, CITY OF ENGLEWOOD, ARAPAHOE COU14TY, COLORADO. Councilman McLellan moved ) Brownewell seconded ) that the Ordinance just read be passed on Second Reading as Ordinance No. 13, Series of 1958 and ordered published in the Englewood BeEald and Enterprise. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following Bill for an Ordinance was presented. A BILL AN ORDINAlfCE REZONING THE FOLLOWING DESCRIBED PROPERTY FROM R-3 (RBSID.BNTIAL) TO C-1 (COIOIBRCIAL) CLASSIFICATION TO-WIT: THE SOOTH 15 FBBT OF Lor 12, AND ALL OF LOTS 13 AND 14 IN BLOCK 2, HIGGINS BROADWAY ADDITION, CITY OF BNGLDOOD, ARAPAHOE COUNTY, COLORADO. Councilman Graham moved ) Brownewell seconded ) the bill for an Ordinance be tabled indef- initely. AYES: Brownewell, Graham and Scott. NAYS: Braun, Martin, Hill, Kreiling, McLellan and Woods. Councilman Hill moved ) McLellan seconded ) that the above bill for an Ordinance be defeated. AYES: Braun, Martin, Hill, Kreiling, McLellan and Woods. NAYS: Brownewell, Graham and Scott. • • • • • • • • • The following Ordinance was presented and read. ORD. ORDINAlfCE NO. SERIES OF 19 lo.14 AN ORDINANCE AllENDING THE DBSCRIPrION OF THE LAND TO BE CONVEYED BY THE CITY OP ENGLDoa>, COLORADO, TO SCHOOL DISTRICT NUMBER ONE, ARAPAHOE COUNTY COLORADO, IN ORDINANCE NO. 9, 8.ERIES OF 1958, BY ADDING THERETO Lor l,BXCBPT THE NORTH 1 FOOi' TllBRBOP, AND ALL OF LOO'S 2, 3, AND 4, BLOCK 1, MITCHEM'S SUBDIVISION, ARAPAHOE COUNTY, COLORADO. Councilman Graham moved ) Kreiling seconded ) that the Ordinance just read be passed on Second Reading as Ordinance No. 14, Series of 1958, and ordered published in the Englewood Herald and Enterprise. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods -.and Scott. NAYS: None. ABSENT: None. • • • • • • • • • The following Bill for an Ordinance was presented and read in full. A BILL FOR AN ORDINAlfCE AllBNDING ORDINAlfCE NO. 39, SERIES OF 1957, KNOWN AS THE "TRAFPIC ORDINAlfCE" OF THE CITY OF ENGLDOOD, COLORADO, BY DELETING SCHEDULES (a) AND (b) OF SECTION 120.3.1 OF SAID ORDINAlfCE AND SUBSTITUTING THEREFOR REVISED SCHEDULBS RELATING TO ARTERIAL STREETS AND COIOIBRCIAL STREET~, AND All.BNDING SCHEDULE 7 OF SAID ORDINANCE BY ADDING TllERBTO A NEW SECTION 120.7.3 RELATING TO THE TRANSPOR- TATION OF FLAIOIABLE LIQUIDS WITHIN THE CITY OF ENGLEWOOD. - BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section l. Section 120.3.1 of Ordinance No. 39, Series of 1957, of the ordinances of the City of Englewood, Colorado, is hereby amended by deleting therefrom subsections (a) and (b) and substituting in lieu thereof the following subsections (a) and (b): ''{a) ARTERIAL STREETS NAME OF STREET Yale Avenue West Bates Avenue PORTIONS AFFECTED South side only from South Elati Street to South Downing Street From South Galapago Street to South Broadway Street I I I I I I I • JU:terial Streets Continued NAME OF STREET Dartmouth Avenue Bast Floyd Avenue Bast Hampden Avenue West Kenyon Avenue llansf ield Avenue OXf ord Avenue Quincy Avenue Tufts Avenue Chenango Avenue West Evans Avenue South Huron Street South Fox Street South Delaware Street South Bannock Street South Logan Street South Clarkson Street South Downing Street South Zuni Street South Tejon Street Platte River Drive II lb) COMMERCIAL STREETS South Broadwa1 Street 1'10110 Avenue South Acoma Street South Lincoln Street Girard Avenue Hampden Avenue PORTIONS AFFECTED From West City Limits Line to South University Boulevard From South Sherman Street to South University Boulevard rrom South Logan Street to South Lafayette Street From South Bannock Street to South Huron Street From South Bannock Street to South Clarkson Street From West City Limits Line to South Logan Street From West City Limits Line to South Clarkson Street From West City Limits Line to South Clarkson Street Frp~ South Huron Street to South Losan Street South side only from South Raritan Street to South Zuni Street From West Hampden Avenue to West oxford Avenue and from West Quincy Avenue to West Belleview Avenue From West Oxford Avenue to West Quincy Avenue From West Yale Avenue to West Dartmouth Avenue and from West T.fts Avenue to West Belleview Avenue From West Yale Avenue to West Tufts Avenue From East Yale Avenue to East Belleview Avenue From East Yale Ave11ue to State Highway No. 70, and that portion within the City Liaits from State Highway No. 70 to ,-·East Belleview Avenue That portion within the City Limits between East Yale Avenue and State Highway No. 70 That portion within the City Limits from West Evans Avenue to West Floyd Avenue From West Evans Avenue to Wast Dartmouth Avenue That portion on both sides of the South Platte River located within the City Limits. From Yale Avenue to State Highway No. 70 FA 'Oua South Bannock Street to South Sherman Street From West Floyd Avenue to West Hampden Avenue From East Floyd Avenue to State Highway No. 70 From South Bannock Street to South Logan Street From South Bannock Street to South Logan Street." Section 2. Schedule 7 of Ordinance No. 39, Series of 1957, of the ordinances of the City of Englewood, Colorado, is hereby amended by adding thereto a new Section 120.7.3 relating to the transportation of flammable liquids within the City of Englewood, which shall read as follows: "Section 120. 7. 3. TRANS~ORTATWK OF Ft.A¥¥AJJlaB t.lQllD>S ', (a) No truck or other vehicle having an empty weight exceeding ~1ye t~ousand (5,000) pounds shall be operated, stopped or parked on any street of the City except as provided herein- after. (b) Trucks or other vehicles having an empty weight exceeding five thousand (5,000) pounds and not carrying a flammable load of more.than 1 ,500 gallons may be operated over the following described routes: South Broadway Street From Yale Avenue to Dartmouth Avenue and from Quincy Avenue to Belleview Avenue From South Broadway to the West City Limits Line West Dartmouth Avenue Quincy Avenue South Clarkson Street From South Clarkson Street to the West City Limits Line From Highway No. 70 ,to East Belleview Avenue Stat• Highway No. 70 South Santa Fe Drive South Zuni Street Within the City Limits Within the City Limits From West Evans Avenue to West Floyd Avenue South Tejon Street Platte River Drive (c) (d) (e) From West Evans Avenue to West Dartmouth Avenue On both sides of the South Platte River within the City Limits Trucks carrying a flammable load of more ~ban 1,500 gallons are permitted only on Santa Fe Drive within the City Liaita and are subject to applicable provisions of Ordinance Ko. 2, Series of 1954. Nothing herein contained shall be construed as preventing the use of trucks or other vehicles having an empty weight in excess of five thousand (5,000) pounds on City streets for the purpose of carrying merchandise or. providing services to or from a destination in the City which cannot otherwise be reached, and for the purpose of loading or unloading such merchandise o~ providing such services provided that the opera- tor ·of the truck or other vehicle leaves the truck route to the point of destination and return by the shortest practical route of deviation. The traffic engineer is hereby authorized to permit deviations from designated truck routes when such deviation is deterllined to be in the best interests of public safety and efficient traffic movement. Such permitted deviations must be made in writing with a copy in the possession of the vehicle driver." Section 3. The City Council hereby finds, determines and declares this ordinance ls necessary for the · immediate preservation of the public peace, health, safety and convenience. Section 4. In the opinion of ~he City Council an emergency exists; therefore, this ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 5 day of May, A.D. 1958, and ordered published in the Englewood Herald and Enterprise. Mayor ATTEST: cny CJ.erk Councilman Braun moved ) Hill seconded ) that the bill just read be passed on First Read- ing and ordered published in the .Inglewood Herald and Enterprise. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling , McLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • City Attorney Joseph Esch, stated that the application for liquor license by the Swiss Society of Denver, presented to Council April 21st could not be considered by Council as a liquor license cannot be granted to a vacant lot or to a building not completed. • • • • • • • • • See paragraph at bottom of page, erroneously omitted. The following Resolution was presented and read in full. RESOLUl'ION WHEREAS, ordinance No. 15, Series of 1956, of the Ordinances of the City of Englewood, Colorado, was finally passed and approved on July 2, 1956, and is now in full force and effect; and WHEREAS, said Ordinance prescribes rules and regulations for the opera- tion and maintenance of the Water System of the City of Englewood; and WJIEREAS, said Ordinance provides, in part, by sub-paragraphs (b), (c), Paraaraph 25, subsection A of Section 2 thereof, that the City may, without peti- tion, construct a main of sufficient size, to serve the area served by an inadequate line, when, in its opinion, the line is causing undue hardship upon the users of • • • • • •• • • Joe Lacy, Acting City Manager gave a report on the insurance carried by KGIE on the Radio Tower erected on City property. The City Attorney was asked to investisate, the possibility of a rider protecting the city. • • • • • • • • • I I I I I I said line, or on the City; and WllBRBAS, undue hardship will accrue to the City and the owners connected to the present private lines in certain locations because of illllDinent street IP'V. ing construction in said locations if connection is not made to the City water lines. NOW, TRBRBFORE, be it resolved by the City Council of the City of Bn1le- wood, Colorado, this 5th day of May A.D.1958,that all service connections to the present s11all private water lines in the following locations be changed over to City mains at once,, because of imminent street paving construction in said locations, and that charges be made according to the schedule in the current resolutions covering such charges, and that the same be collected by the Water Department of · the City; On South Acoma Street between West Girard Avenue and West Hampden Avenue. On South Pennsylvania between East Amherst Avenue and Bast Bates Avenue. On South Logan Street between East Kenyon Avenue and Bast Lehigh Avenue. Passed and adopted by the City Council of the City of Englewood, Colorado this 5 day of May A.D. 1958. ( S E A L ) ATTBST: J. L. Barron c1 ~,--Cl.erk Published in the Englewood Press, 1958. Councilman Brownewell moved ) Edward s. Scott llayor Martin seconded ) that the Resolution just read be adopted. AYES: Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods and Scott. NAYS: Graham. ABSENT: None. • • • • • • • • • A letter was received from the City Engineer regarding the construction of the sidewalk on property belonging to Mr. Leroy Stellway located at 3298 South Bannock Street. llr. Barde, City Engineer, stated that Mr. Stellway bad not complied; whereupon The following resolution was presented and read: RESOLUTION WHEREAS, Ordinance No. 43, Series of 1955, as amended · by Ordinance No. 12, Series of 1957, of the ordinances of the City of Englewood, Colorado, provide for the installation and repair of sidewalks within the City by the owner of the property adjacent thereto upon notice from the City Engineer as provided in said ordinances, or by the City in lieu thereof upon failure of the owner to make such installation and repair; and WHBRBAS, sidewalk as deemed necessary is not in place for approximately 91 feet on the east side of South Bannock Street at the south end of the 3200 block, approximately in front of 3291 South Bannock Street; and WHERBAS, the City Council resolved on October 14th, 1957, that notice be sent to the owner of the abutting property pursuant to the above ordinances; and WHEREAS, such notice waa sent according to the prescribed for11at; and •ucb required sidewalk bas not been installed, installed9by the owner of the abutting property as of April 30th, 1958. NOW, TllBRBl'ORB, BB IT R.aOLVm> by the City Council of the City of Bnalewood this 5th day of llay, A.D. 1958, that the City Engineer· advertise ·for bids for the construction of the required sidewalk purauant to tbe applicable ordinances and that the lowe•t and be•t bidder be co .. iaaioned to inatall said sidewalk, and that the final cost of such sidewalk installation be aaaeased against the owner of the abutting property. If such aaaea• .. nt is not paid within 30 days after coapletion of the sidewalk inatallation and after notice of coapletion bas been given by registered mail to said owner, the City Clerk shall certify said assessment to the Treasurer of Arapahoe County, who shall extend said assessment upon the tax roll and collect the same in the manner as other taxes assessed upon said property. Councile11&11 Graham JM>ves ) Braun seconded ) that the Resolution just read be approved and adopted. AYBS: Braun, Brownewell, llartin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. NAYS: Bone. ABSBNr: None. • * * * * * * * * Councilman Braun moved ) llcLellan seconded ) that the approved bills as presented, be paid. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods add Scott. NAYS: Mone. ABSBNr: None. The approved bills are as follows: General Fund ..•.••••.••.••••.•.•••.. total in& •••.•••• $68, 568. 42 Water Fund ••••••••••..•••....•...... totaling •••..... 31,584.13 Sewage Disposal Plant ..•............ totaling .•....•• 2,751.78 Sewer Districts Fund .•..•••.•••.•.•. totaling........ 293.24 * • * • • * * * * There being no further business to come before the Council, Councilman Braun moved ) Grahaa seconded ) to adjourn. AYBS: Braun, Brownewell, llartin, Graham, Hill, Kreiling, KcLellan, Woods and Scott. NAYS: None. ABSENT: None. * * * * • • * • • The minutes of the meeting of the City Council of the City of Englewood, Colorado, held the 5th day of May, 1958 A. D., stand approved as corrected this 8ntt day of June, 1958, A. D. A'M'BST: I I