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HomeMy WebLinkAbout1957-06-17 (Regular) Meeting MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, HELD MONDAY, JUNE 17 . 1957 AT 8:00 P. M. • • • • • • • Mayor Purcell called the meeting to order and Reverend Edwards of the Church of the Nazarene gave the invocation. The Ma1or asked for roll call: PRBSENT: Braun, Brownewell, McLellan, ,Parker, Robbins, Scott and Purcell. McCabe and Rapp. ABSEMI': • • • • • • • Tbe Mayor asked that bids be opened and read for the construction of Paving District No. 7, and that the bids be received and referred to t~e Engineers for compilation and re- co111Mtndation to the Council. · Tbe following bids were received: The Brannan Sand & Gravel Co. Total bid $268,076.31 E. W. Lewan, Inc. II II 276,429.32 Western Paving Co. " " 264,581.15 Inland Construction Co. " " 281,133.96 Peter Kiewit Sons' Co. II II 262,899.43 Colorado Constructors, Inc. " II 289,638.88 Councilaan Parker moved ) Braun seconded ) that the bids be received and referred to the City Engineers for coapilation and that recommendations be made to the Coun- cil at a later time in the Council meeting. AYES: NAYS: ABSENT: Braun, Brownewell, McLellan , Parker, Robbins, Scott and Purcell. None. llcC abe and Rapp. • • • • • • • A reco..enclation was received from the Water Advisory Board that Mr. Leonard Robobm be appointed to the Water Advisory Board to fill the unexpired term of Richard Banta. Councilman Robbins moved ) AYES: NAYS: ABSENT: McLellan seconded ) that Mr. Robohm be appointed to the Water Advisory Board as recommended. Braun, Brownewell, McLellan, Parker, Robbins, Scott and Purcell. None. McCabe and Rapp. • • • • • • • A communication was received from the Public Utilities Commission stating that The Pub- lic Service Coapany of Colorado had asked for a hike in gas rates, and that bearings would be held on Wednesday, June 19, 1957. Councilman Scott moved ) AYBS: NAYS: ABSENT: Brownewell seconded ) that the City Manager and City Attorney be present at the meeting to represent the City of Englewood in the best interest of the City. Braun, Brownewell, McLellan, Parker, Robbins, Scott and Purcell. None. McCabe and Rapp. • • • • • • • A second communication from the Public Utilities Commission was received, stating that the bearing on a requested raise in taxi fares bad been held earlier than originally scheduled. The .. tter was noted only. • • • • • • • A letter was received from the Glenn L. Martin Company notifying the City of official name change of the Company to "The Martin Company". • • • • • • • Miss Judyth K. Hudson of 2815 So. Broadway spoke for her own letter regarding drainage and bad boles in the alley in the 2800 block between S. Acoma St. a.ad S. Broadway. After discussion, she agreed to try to get petitions signed to have her alley paved when petitions are again accepted for a paving district. • • • • • • • Councilaan Scott asked to be excused at this time, and the Mayor granted bis request. • • • • • • • The Planning Commission recommended that the following described property be rezoned fro• R-1-D to C-2 District: Beginning at a point 50 feet East and 193 feet North of the S.W. corner of Section 34, Township 4 South, Range 68 West of Sixth P.M.; thence Nortb 65.63 feet; thence Northeasterly along Greenwood Parkway 202.19 feet; thence South 206.24 feet; thence West 145.0 feet to point of beginning.· Councilman Braun moved ) AYES: NAYS: ABSENT: Robbins seconded ) that the above recommendation be adopted and that hearin1 on change of zoning be held Monday, July 15, 1957. Braun, Brownewell, McLellan, Parker, Robbins and Purcell. None. McCabe, Rapp and Scott. • • • • • • • The Planning Commission recommended that deeds for the following proposed street rights-of-way be accepted when offered: The West 30 ft. of the South 150 feet of South Acoma Street extended between West Layton Avenue and West Chenango Avenue and the East 30 feet of South Bannock Street extend- ed between West Layton Avenue and West Chenango Avenue. Councilll&n Robbins moved ) Braun seconded ) that the above deeds be accepted when approved: :by the City Attorney. AYES: NAYS: ABSENT: Braun, Brownewell, McLellan, Parker, Robbins and Purcell. None. llcCabe, Rapp and Scott. • • • • • • • A reco ... ndation was received from the Planning Commission that tbe Bill for an\ Ordinance approving annexation of the Scenic View area include the following Section, "That all unplatted areas in the annezation as proposed be zoned M-1 (Industrial). Councilman McLellan moved ) Parker seconded ) that the Bill for annexation of an area in Scenic View shall include the following Section Np. 5 .which reads "all unplatted areas shall be zoned M-1 (Industrial)". AYES: NAYS: ABSENT: Braun, Brownewell, McLellan, Parker, Robbins and Purcell. None. McCabe, Rapp and Scott. • • • • • • • A recommendation was received from tne Planning Commission that Ordinance No. 13, Series of 1951, the sidewalk, curb and gutter ordinance , be amended to cover all streets within the City limits in the City's Master Street Plan. Councilman Braun moved ) AYES: NAYS: ABSENT: Parker seconded ) that the City Attorney be instructed to prepare an amend- ment to Ordinance No. 13, Series of 1951, to include all areas within the City limits. Braun, Brownewell, McLellan, Parker, Robbins and Purcell. None. McCabe, Rapp and Scott. • • • • • • • A letter was read from Mr. J. Nelson Truitt, Attorney for the Nazarene Church at 4775 s. Pearl, in which a protest was given regarding the water drainage. Councilman Braun moved ) McLellan seconded ) that Asst. Manager Joe Lacy reply to the letter re- ceived from Attorney J. Nelson Truitt. • • • • • • • Councilman Rapp entered and was seated with the Council. • • • • • • • The following Bill for an Ordinance was presented and read in full: A BILL I I I FOR AN ORDINANCE APPROVING THE ANNEXATION OF THE PROPERTY HEREINAFTER DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORAOO, AND ANNEXING SAID DESC RIBED PROPERTY TO THE CITY OF ENGLEWOOD, COLO- RADO, TO-WIT: ALL THAT PORTION OF SECTIONS 28, 33 and 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CONTAINED WITHIN THE FOLLOWING DBSCRIBBD BOUBDARY LINES: ·I BEGINNING AT THE POINT WHERE THE WEST LINE OF SOUTH ELATI STREET INTERSECTS THE NORTH LINE OF , .J.:,, SAID SECTION 34, WHICH POINT IS THE SOUTHERLY LIMITS OF THE CITY AND COUNTY OF DENVER; THENCE WEST, ALONG THE NORTH LINE OF SAID SECTION 34 , AND THE NORTH LINE OF SAID SS::TION 33, AND ALONG THE SOUTHERLY LIMITS OF THE CITY AND COUNTY OF DENVER, TO THE POINT OF INTERSPX:TION WITH THE RIGHT-OF-WAY KNOWN AS SOUTH PLATTE RIVER DRIVB, BEING 425.60 FEET EAST OF THE NORTH- BAST .CORNER OF THE NORTHWEST QUARTER (NW ~) OF THE NORTHEAST QUARTER (NEt) OF SAID SECTION 33; THENCE SOUTHWESTERLY AND ALONG THE CU RVE OF AN ARC, 1333.92 FEET, ALONG THE EASTERLY LINE OF SAID PLATTE RIVER DRIVE, AND PARALLEL TO, BUT 100 FEET DISTANT FROM THE OFFICIAL CHANNEL OF THE SOUTH PLA TTE RIVER, ESTABLISHED BY ORDINANCE NO. 16, SERIES OF 1935, OF THE CITY AND COUNTY OF DENVER, TO A POINT; THENCE SOUTH, 220 54' 20" WEST, 817.07 FEET, IN A STRAIGHT LINE TO A POINT 50 EEET WEST OF SAID OFFICIAL CHANNEL OF SAID SOUTH PLATTE RIVER AND IN THE CENTER OF THE RIGHT-Of-WAY KNOWN AND DESIGNATED AS SOUTH PLATTE RIVER DRIVE; I Ta.NCE WEST, 50 FEET, TO THE WEST LINE OF SAID SOUTH PLATTE RIVER DRIVE, TO A POINT; THENCE . SOUTHERLY AND SOUTHEASTERLY, ALONG THE WEST LINE OF SAID SOUTH PLATTE RIVER DRIVE, AND PARA- J.I.EI, TO, BUT 100 FEET DISTANT FROM SAID OFFICIAL CHANNEL OF . THE SOUTH PLATTE RIVER TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF WES T DARTMOUTH AVENUE; THENCE WEST, ALONG SAID NORTH LINE OF WEST DARTMOUTH AVENUE, 1785.9 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION WITH THE EAST LINE OF THE RIGHT-OF-WAY OF THE C. AND S. RAILROAD; THENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID C. Al'1> S. RAILROAD RIGHT-OF-WAY TO THE POINT OF INTERS.ECTION WITH THE NORTH LINE OF SAID SECTION 33, AND THE SOUTHERLY LIMITS OF THE CITY AND COUNTY OF DENVER; THENCE WEST ALONG SA~D NORTH LINE OF SAID SECTION 33 AND SAID SOUTHERLY LIMITS OF THE CITY AND COUNTY PF DE~ER, 2.72 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE NORTHEAST QUAR- TER (NE t ) OF SAID SECTION 33; THENCE NORTH ALONG THE NORTH-SOUTH CENTER LINE OF SAID S.ECTION 28, AND ALONG THE WESTERLY LIMITS OF SAID CITY AND COUNTY OF DENVER TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (NEi SEi NWi) OF SAID SECTION 28; THENCE WES T , ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE SOUTH- EAST QUARTER OF NORTHWEST QUARTER (NE ! SEt NW i ) OF SAID S.ECTION 28, TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH, ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (NE! SE t BWi) TO THE NORTHWEST CORNER THEREOF; THENCE WEST, ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER (Si NWi) OF SAID SECTION 28 TO THE NORTHWEST CORNER THEREOF; THENCE SOUTH, ALONG THE WEST LINE OF SAID SECTION 28 AND THE WEST LIME OF SAID SECTION 33, TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER (Sl SWi) OF SAID SECTION 33, WHICH POINT IS ALSO THE NORTHERLY LIMITS OF THE TOWN OF SHERIDAN; THENCE EAST, ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER (Sl SWi) OF SECTION 33, AND ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SWi SEi) OF SAID SECTION 33, AND ALONG THE NORTHERLY LIMITS OF SAID TOWN OF SHERIDAN, TO A POINT 288 FEET EAST OF THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER (SWi SEi) OF SAID SECTION 33; THENCE SOUTHWESTERLY, 609 FEET, ALONG THE EASTERLY LIMITS OF SAID TOWlf OF SHERIDAN TO A POINT ON THE EAST LINE OF SAID SOUTH HALF OF THE SOUTHWEST QUARTER (Si SWi) OF SAID SS:TION 33; THENCE SOUTH, ALONG SAID EAST LINE OF SAID SOUTH HALF OF THE SOUTH- WEST QUARTER (Sj SWi) OF SAID SECTION 33, AND ALONG THE EASTERLY LIMITS OF SAID TOWN OF SHBRl- DAN, TO THE POINT OF INTERSECTION WITH THE SOUTH L.INE OF SAID SECTION 33; THENCE EAST, ALONG SAID SOUTH LINE OF SAID SECTION 33, AND ALONG THE NORTHERLY LIMITS OF SAID TOWN OF SHERIDAN TO THE POINT OF .INTERSECTION WITH THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE D. AND R. G. W. RAILROAD; THENCE NORTHEASTERLY, ALONG SAID WESTERLY LINE OF SAID D. AND R. G. W. RAILROAD RIGlfl'-OF-WAY, AND ALONG THE PRESENT WESTERLY LIMITS OF THE CITY OF ENGLEWOOD. TO A POINT WHERE SAID RIGHT-OF-WAY LINE WOULD INTERSECT THE NORTH LINE OF WEST BATES AV.BlfUE EXTENDED; THENCE EAST, ALONG THE NORTH LINE OF WIST BATES AVENUE EXTENDED, AND THE NORTH LINE OF WEST BATES A AVENUE AS PLA'M'ED TO THE POINT OF INTERSECTION WITH THE WEST LIXS OF SOUTH ELATI STREBT; TllEll:E NORTH, ALONG THE WEST LINE OF SOUTH ELATI STREET TO POINT OF BEGINNING; S. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: S~ction 1. That written petitions were properly filed in accordance with statute with the City Council of the City of Englewood, Colorado, proposing the annexation to said City of Englewood, of the hereinafter described land, situate in the County of Arapahoe, State of Colorado, to-wit:. All that portion of Sections 28, 33 and 34, Township 4 South, Range 68 West of the 6th Principal Meridian, contained within the following described boundary lines: Beginning at the point where the West line of South Elati Street intersects the Horth line of said Section 34, which point is the Southerly limits of the City and County of Denver; thence West, along the North line of said Section 34, and the North line of said Section 33, and along the Southerly limits of the City and County of Denver, to the point of intersection with the right-of-way known as South Platte River Drive, being 425.60 feet East of the Northeast corner of the Northwest Quarter (NW!) of the Northeast Quarter (NEi) of said Sectlon 33; tbence Southwesterly and along the curve of an arc, 1333.92 feet, along the Easterly line of said Platte River Drive, and parallel to, but 100 feet distant from the Official Channel of the South Platte River, established by Ordinance No. 16, Series of 1935, of the City and County of Denver, to a point; thence South, 220 54' 20" West, 817.07 feet, in a straight line, to a point 50 feet West of said Official Channel of said South Platte River and in the center of the right-of- way known and designated aa South Platte River Drive; thence West, 50 feet, to the West line of aaid South Platte River Drive, to a point; tbence Soutberly and Southeaaterly, along the Weat line of aaid South Platte Biver Drive, and parallel to, but 100 feet diatant fro• aaid Official Channel of tbe South Platte River to the point of interaection with the Worth line of West Dartaouth Avenue; tbence w .. t, alon1 aaid Korth line of Weat Dartaouth Avenue, 1785.9 feet, aore or l .. a, to the point of interaection with the Baat line of the ri1ht-of-way of the c. and s. Railroad; thence Rortheaaterly, along the Baaterly line of said c. and s. Rail- road right-of-way to the point of interaection with the 1'orth line of said Section 33, and the aoutherly liaita of the City and County of Denver; thence w .. t along aaid 1'orth line of •aid Section 33 and aaid Southerly liaita of the City and County of Denver, 2.72 f .. t, aor• or leaa, to the Rortbw .. t corner of the Rortbeaat quar- ter < .. !> of •aid Section 33; tbence Korth, alon1 the Rorth-South center line of •aid Section 28; and alons the w .. terly liaita of aaid City and County of Denver to the loutbeaat corner of tbe Rortbeaat quarter of tbe loutbeaat quarter of the Rortbw .. t quarter < .. ! sat IWt> of aaid Section 28; tbence w .. t, alone the Soutb line of •aid llortheaat quarter of tbe Southeaat quarter of llorthw .. t quarter < .. ! SB! inr!> of aaid Section 28, to the Soutbw .. t corner thereof; thence Bortb, alons the w .. t line of aaid Rortbeaat quarter of the Soutbeaat quarter of tbe Rortbweet quarter < .. i s•t inrt> to tbe Korthweat corner thereof; tbence West, along tbe Korth line of tbe loutb half of tbe llorthw .. t quarter (Si .. !>·of aaid Section 28 to the Jlortbw .. t corner thereof; tbence South, along the w .. t line of said Section 28 and the w .. t line of •aid Section 33, to tbe Rorthweat oorner of tbe South half of tbe Southw .. t quarter (Sj s•i> of •aid Section 33, wbicb point i• alao the Xortberly liait• of tbe Town of Sheridan; thence Baat, along tbe Borth line of aaid South half of the Soutlnreat quarter (Si SW!> of Section 33; and alons the North line of the Soutbw .. t Quarter of the loutheaat quarter (SW! SB!) of •aid Section 33, and alon1 tbe lortberly lillit• of •aid Town of lberidan, to a point 288 feet ... t of the 1'ortbw .. t corner of •aid Southw .. t quarter of tbe Soutbeaat .-arter (SW! SB!) , of said Section 33; thence Soutbweaterly, 609 feet, alon1 tbe BaaterlJ lillita of said Town of Sheridan to a point -on tbe Bast line of •aid Soutb balf of tbe Soutb- weat quarter (Si s•i> of •aid Section 33; thence Soutb, alon1 •aid ... t line of said Soutb balf of tbe Soutbweat quarter (Si SWi) of ·said Section 33, and alons tbe BaaterlJ lillit• of •aid Town of Sheridan, to the point of interaec~ion witb tbe South line of said Section 33; thence Bast, alon1 said South line of said Section 33, and alon1 the lfortberlJ lillit• of said Town of Sheridan to tbe point of inter- section with the •••terlJ line of the ri1ht-of-way of the D. and R. G. w. Railroad; tbence Bortbeaaterly, alons •aid Weaterly line of said D. and a. G. w. Railroad ri1bt- of-way, and alons tbe preaent Weaterly liaits of tbe C11¥ of BDclewood to a point I wbere •aid ri1bt-of-wa1 line would intersect tbe Nortb line of West Bates Avenue ex- tended; thence Baat, alon1 thr Bortb line of West Bates Avenue extended,, and tbe Bortb line of w .. t Bate• Avenue aa platted to tbe point of intersection witb tbe Weat line of Soutb Blati Street; thence Borth, along tbe Weat line of Soutb Blati Street to point of be1innin1. Section I. Tbat •aid petitiona were sicned by tbe owners of 110re tban fiftJ percent (5()1) of the area of •ucb territory, wbo also coaprised a .. jority of tbe landowner• reaid-· in1 in the •aid territory at the ti .. the petitions were filed. Section 3. Tbat •aid petitiona were in all reapects in conforaity witb tbe provi•iona of Article 11, Chapter 139, Colorado Reviaed Statute• 1953, aa A .. nded; tbat aaid petitiona were favorablJ conaidered bJ the City Council of the •aid CitJ of Kn1lewood, conatitutin1 tbe le1i•lative bodJ of tbe aanicipality to which eaid territor1 i• propoaed to be annexed; tbat notice of tbe aub9tance of tbe petitiona, tbe date of •icninc, tbe nuaber of peraona •i1DiD1, a deacription of tbe territory included ln tbe propose~ annexation, and a atate .. nt tbat land- owner• of tbe area aay expre•• tbeir oppo•ition to tbe annexation and aecure an election bJ co•- plJiDI witb the provi•iona of Section 139-11-4, Colorado Revi••d Statute• 1963, waa publiabed pur•uant to statute; and tbat the counter petition• wbicb were filed witb tbe Clerk of tbe CitJ of BD1lewood, were inaufficient and did not meet tbe require .. nt• of Sectiona 139-11-3 and 139-11-4, Colorado Reviaed Statute• 1953. Section 4. Tb&t aaid bereinabove d .. cribed parcel or parcel• of propertJ be, and tbey berebj are, declared umexed to tbe City of .lnclewood, Colorado, and are berebJ aade a .part I of tbe said CitJ, pur•uant to the provi•iona of Article 11, Chapter 139, Colorado Revised Statut• 1953, aa Amended. Section 5. All unplatted areaa in tbe bereinabove annexed property aball be soned M-1 ~ (lnduatrlai). Section 6. Tbe City Council hereby find&, deterainea and declare• tbi• ordiD&Dce 1• nece••arJ for tbe i ... diate pre•ervation of tbe public peace, bealtb, safety and convenience. Section 7. In tbe opinion of tbe City Council an eaercency exist•; therefore, thi• or- dinance shall take effect and be in force fro• and after its final .paaaase and publication. Passed on Pir•t Readinc by tbe City Council of tbe City of BDclewood, Colorado, tbia 17tb day of June, A. D. 1957, and ordered published in tbe BDclewood Herald and -.iterpriae. ATT&ST: ll&yor Cltt-c~erk Councilaan Robbina 110ved ) llcLellan •econded ) tbat tbe above Bill, juat read, be approved and published I witb tbe addition of Sec. 5, wbich reada "all unplatted AYU: KAYS: ABIDr: areaa shall be zoned M-1 (lnduatrial). Braun, Brownewell, McLellan, Parker, Rapp, Robbins and Purcell. lfone. llcCabe and Scott. • • • • • • • Tbe followinc Re•olution was presented and read: lllSOLUTIOB WBRRKAS, propo•al• bave been aade to tbe City of Bn1lewood, to provide for tbe •11Ploree• of tbe •aid City, a boapital and •urcical benefit insurance plan, and a croup life and acci- dental deatb and di• ... ber .. nt inaurance plan; and WBRRSAS, •ucb plana would contribute to tbe welfare of tbe eaplo1eea of tbe •&id OitJ, and tbe ata~ility and iaprove .. nt of e~ployee relationships with tbe CitJ; and WJISR••s, it appear• tbat tbe adoption of sucb plans would be to tbe beat inter .. ta of tbe CitJ and it• ••PlOJ .... SOW, TBDUOU, BB IT RBSOLVKD by tbe City Council of tbe City of BDclewood, Colorado, I tbi• 17tb day of June, A. D., 1957, tbat tbe proper officer• of tbe CitJ are berebJ autbor- i .. d and directed to enter into asree .. nt• for a boapital and •urcical benefit inauranc• plan, and a 1roup life and accidental death and diaaeaber .. nt inaurance plan on bellalf of tbe City and it• resular eaplo1eea. AIU) BIS IT l'URTllml RmlOLVm> tbat the afore•aid croup life inaurance plana •ball provide for voluntar1 participation of tbe •aid resular eaplo1ee• of tbe CitJ of BDclewood, and tbat tbe proper officer• of tbe City are berebJ authorized and directed to p&J on bebalf of tbe CltJ up to one-balf of the cbarce• for tbe •aid inaurance pla.na, the reaainder to be paid bJ tbe eaploree beneficiary of tbe •aid plan•. I Councilll&D Rapp 110ved ) AYU: DYS: Brownewell aeconded ) that tbe above Resolution be approved and adopted. Braun, Brownewell, McLellan, Parker, Rapp, BObbiDB and Purcell. Bone. ABSmft': llcCabe and Scott. • • • • • • • City Attorney Joe .. cb .. de a report on tbe daaage claia aade bJ llr. llcllurtry of 2890 Soutb Clarkeon and reco ... nded tbat tbe clai• be denied by tbe City. Councilaan Rapp 110ved . ) AYml: KAYS: Brownewell aeconded ) that tbe City approve tbe reco ... ndation of tbe City Attorney and deny the da11&Ke clai• of llr. llcllurtry. Braun, Brownewell, llcLellan, Parker, Rapp, Robbins and Purcell. Kone. ABSDI': llcCabe and Scott. • • • • • • • Council ... n Scott returned and waa aeated with tbe Council. • • • • • • • Tbe City Attorney, reportin1 on tbe City's le1al atatua in controllln1 State B11bwa1 pavins, aaid be could find no atatute whereby the City baa any ri1bta re1ardin1 a State BislnraJ project tbrousb a City ezcept for control of apeed liaita, curiae, suttera and side- walk•. llr. Kldon Ball, Mr. Wollenweber, Mra. Lieno and Mr. Barton, of CberrelJn Diatrict, said' tbey would like 110re infor11ation. It waa asreed that tbe State Bi1bway Departaent should aeet with the people in that area to ezplain tbeir plana. Tbe City llanaser waa directed to arran1e aucb a meeting. Tbe followin1 Reaolution waa preaented and read: R.ISOLUTIOJf to tbe City liaits of BD1lewood now WBIRSAS, it aervea tbe beat interest• of the citizena of Bnslewood as a whole that tbia atreet b9 conatructed in a coaplete and adequate manner aa soon aa possible and at tbe leaat poaaible direct coat to it• citizens, and WJIWRSAS, tbe propoaed iaproveaent does iapleaent tbe City's llaster Street Plan in a 11&DDer wbicb it finda iapoaaible at this tiae to accoaplisb itaelf, KOi, ~RB, BK IT RBSOLVBD, Tbat the City llanager of tbe City of ... lewood arranse for a ... tins, and publiab notification of same to all concerned, with representatives of tbe State Bisbway Colllliaaion and the property owners interested for tbe purpose of presenttns tbe propoaed plana, eapecially in the areaa of: 1. City control of speed and other orderly traffic resulations. I. Curb cute and bow they are proposed and allowed. 3. Widtba of street lanea and sidewalks, and be it furtber RKSOLVm», That tbe BD1lewood City Council hereby endorses the curb and gutter packaae plan aa propoaed. . . . . Council-.n Rapp .110ved . ) AYD: DYS: Parker aeconded ) that the above Resolution, juat read, be approved and adopted. Braun, Brownewell, llcLellan, Parker, Rapp, Robbina, Scott and Purcell. lloDe. AB8mrl'.: llcCabe. • • • • • • • Tbe followins .Bill for. an Ordinance was presented and read in full: A BILL Ra AJI oaDl•AllCE JmGULATIE UCAVATIO• OP PUBLIC ROADS, BIGBWAYS_,. na.BTS, AIJ.ftS Am Ol'W PU9LIC PIOPaft, aTABLISBilfG PDIOIM&JC• STAIDARDS n>R SUCH UCAVATIO•S, PBOVIDIE UCUBITY Ra TD aaTOllATIO• OP TD DCAVATm» TBOROUGDARK TO ITS ORIGllUL CODITIO•, A1ID PIOVIDIE ta"·Tla fta VIOLATIO•B °" Tea• PIOYISIO•S, OD RBPULllfG ORDlllAE• llO. 19, sa1a OP 1928, dD ALL Ol'W ORDl•AIEa AID PARTS OP ORDIK~BS IR COIU'LICT BBRDITB. D IT OBDAIDD BY TD CITY COU.:IL OP TD CITY OP DGLBIOOD, COLORADO: Section l. Definitiona: Por tbe purpoae of tbi• Ordinance, certain worda and pbrues are clillniCI and certain proviaiona aball be conatrued aa hereinafter aet out, unl .. • it aball be apparent fro• tbeir conteat tbat a different .. anin1 i• intended. (a) City: i• tbe City of Bn1lewood, Colorado; (b) City BD1ineer: i• tbe City Bn1ineer of tbe City of &nslewood, Colorado; (c) Person: i• to be coDStrued to mean do-•tic and foreip corporationa, aa•oclationa, ayndicates, joint stock coapanie•, fil'll8, partner•bipe of every kind, truats, societies, and individual.8. (d) Peraittee: i• tbe per•on, firm or corporation to wboa an excavation perait baa biin iaaued under tbe provisiolUI of tbi• Orclimce. Section 2. Unlawful to excavate without Perait: It •ball be unlawful for &DJ person, fira, or corporation to dl1 up, open, excavate, or to cau•e to be du1 up, opened, or ex- cavated any public road, bi1bway, atreet, alley or public property, or aay part tbereof, in tbe City of Bnslewood, without bavin1 first secured a perait therefor fro• tbe CitJ Di-I 1ineer or bis autbori••d repr•••ntative. Such perait •ball be kept at tbe •ite of tbe ex- cavation wbile tbe work i• in pro1re•• aad aball be exhibited upon requ .. t to &DJ City Police Officer or repre•entative of tbe City BD1ineer. Section 3. Afplication: Application for a permit to excavate shall be aade on a fora provided by the Cl y ID1lneer or bia representative, and shall apecifically show: (a) x ... aad addre•• of person or firm wbo will actually perfora tbe excavatins work; (b) •a-and addre•• of peraon or firm causin1 excavation to be aade; (c) Purpo•e for wbicb excavation is necessary; (d) Exact •i•e of openin1 to be made; (e) Specific location of proposed excavation, includin1 illu•tration or plan if nece••ary; (f) Amount of ti .. required to .commence and coaplete requ .. ted excavat:Lon; (1) LiceD8e nuaber of applicant's City Contractor'• LiceD8e, or Bu•i118118 License for tbe current year. Section 4. Condi tioD8 of Peral t: (a) All peraits shall be issued according to tbe provisiona of this ordinance and aball be in .effect for a period not longer than thirty (30) days fro• tbe date of i••uance. All work performe~ as authorized by perait aball be •ubject to aucb rules, directiona and regulations as tbe City BD1ineer aay eatabli•b as neceaaary to provide for the proper care, protection aad maintenance of all public roada, bi1bways, streets, alleys and public place• witbin tbe City of KD1lewood. Such perlli.ta aball be conditioned that all work done thereunder •ball be only aucb work aa is allowed by tbe City of BD1lewood aad ao speci- fied by ordinaace, reaolution, or contract with tbe City, aad •ball apecifical- ly provide that peraittee shall be liable for aaintenaace of tbe cut for one year fro• tbe date of tbe issuance of tbe perait. Bo perait i••u•d under tbe proviaiona hereof shall be for 1M>re than one excavation project. AD excava- tion perait aball not be required for work on aidewalk•, curbm, ptten, or driveways if such work is done in accordance with tbe ter .. of tbe proviaions of other applicable ordinances of tbe City of Bn1lewood. (b) Ko perait shall be isaued to any person, fir• or corporation tbat i• in current violation of tbe rules, directions, and regulatioD8 under tbi• ordinance, or tbe ter .. of aay otber ordinance, rule or regulation of the City. I Section 5. l'eea: Applicaata for excavation peraits aay elect either of two alternativ• . for paJln1 perait lees to aasure proper handling of openinp in public way• and plac• witbin I tbe City of BDglewood: ! (a) Payaent of tbe appropriate permit fee fro• tbe following table. Wben work -r is coapleted and excavation is properly backfilled, tbe City sball be re- spoDSible for final resurfacing of the openin1: (1) Adequately Paved Public Ways: 2-feet by 4-feet excavation (8 Sq. Ft.) •••••• $11.00 Bach additional square foot • • • • • • • • • • • • 1.00 Partially Paved Public Ways: 2-feet by 4-feet excavation (8 Sq. Ft.) •••••• $ s.oo Bach additional square foot • • • • • • • • • • •. • 1.00 UD8urfaced Public Ways: 2-feet by 4-feet excavation (8 Sq. Ft.) • Bach additional square foot • • • • • • • • • • • . . . ' • • • 2.00 .25 (2) Filin1 with the City Bn1ineer an official docu .. nt of evidence of contract between the applicant for an excavation perait aad a reput-. able pavin1 fir• abowin1 that auch fir• will finallJ r-*f•. •-all ~: I ' excavatiou, accorcliq to CitJ 8pecificatioD8, after tbeJ ba•e been • properly backfilled by tbe peraittee. A cbar1e of Two Doll&rli· <•l.00) will be aade for each aucb perait 1-ued. Section I. ID8F.ition: It •ball be tbe duty of th• City Bn1ineer or bi8 pepr .. enta• tive to ID8pect and ~t ail excavation work peraitted under tbe proviaioD8 of tbi• ordin- anoe to deteraine aclberence to replatioD8 hereunder provided, aa well aa additional re- quir-nta •tabli•bed aa enabled under Section 4 above. If it i• deterllined tbat tbe actual excavation aade i• lar1er thaa that authorised under the perait iasued, tbe peraittee •ball be billed for tbe additional amount of tbe perait fM, accordiq to tbe rat .... tab- li•bed in Section 5 above. If it i• deterained .tbat iaproper or unauthorised •tllod8 lave been eaploJed in openin1 or cloaiq tbe excavation, tbe peraitt .. wt~~ be 1i••n a rea80nable amount of ti .. , not to exceed thirty (30) day• to correct &DJ and all cleficieaci•. If the peralttee fail• to correct auch deficienciea, auch correction •ball be aade bJ CitJ forcea and tbe actual co•t• plua fifty percent (5<>'1) shall be billed to the peraittee. I I Section 7. Area of Coutruction: It •ball be unlawful to atop up or obatruct more tban the •pace of one 61ocE and one lnt•r•ection at tbe •w ti• iD &DJ one street. Section a. Safetz Appliance• R'J!iired: It •ball be unlawful for &DJ per•on, fira, or corporation to cl11 up or cauae to 6i 1 up any bole, drain, ditcb or any other ezcavation in &DJ public road, bi1bway, •tr .. t, alley, or public place within t~• City of BD1larood witbout provicliDC clurins tbe ni1bttiM •ufficient red lights to be .placed witb a •uitable barricade or teaporary fence around •ucb bole, drain, ditch, or otber ezcavation in order to prevent peraou, aniaal•, and vebicl•• fro• sustaining injury. Durin1 tbe daytiae tbe bar- ricade •ball be aaintained, but red warnin1 lights are not required. Section 9. Liability for Daaaa•: Any person, fin, or corporation who shall under- take wori punuut to a periilt liiUid under tbe provisiou of tbi• ordinance, or to per- fora work under contract• with tbe City of Bn1lewood, sball be wwezable for &DJ' da••1• occuioaecl to peraou, aDiaal•, or property by reason of carele••n•• and negligence con- nected witb •ucb work. Pel'ldta •ball be 1ranted and contract• awarded only to tho•• peraons,1 fi1'118, or corporationa wbo •ball be resularly licensed by tbe City of Bn1lewood ·and who aain- taiu a perforaance bond at le .. t $1,000.00, renewable annually. Section 10. Sufjrvi•ion of tbe City Bn1ineer: All operationa for which a perait is 1rantid &ereunCler a&a 1 6i undir t&e direction and •upervi•ion of tbe City BDsinMr. Section 11. -.aforc ... nt: (a) Any peraon, fira, or corporation wbo fail• to coaply witb &DJ of tbe ter• of tbi• ordinance •ball, upon conviction, be fined a •u• not ezceediDI Three Hundred Dollar• ('300.00), or be iapri•oned for a period of not ezceediDC ninety (90) day•. Upon •ucb conviction any liceue .or licena• wbicb sucb per•on, fira, or corporation so convicted aay bold under and by virtue of any ordinance of tbe City of Bn1lewood for •D1&1in1 in &DJ' buaine••, t~, occupation, or prof•••ion, •ball i ... diately be revoked, and sucb peraon, fira, or corporation •ball not be eli1ible to obtain any new lioenae or per- lli t under tbi• or &DJ' other ordinance• until full coapliance witb tbe pro- viaiou of tbi• ordinance b .. been aade. (b) Tbe City aaJ, at it• option, proceed by inj11nction, abateaent, suit for col- lection, or any other le1al action wbicb it aay dee• advi•able for tbe en- forceMDt of tbi• ordinance and collection of tbe fM• provided for herein; provided tbat, •ucb election •ball not in any way be dee .. d a waiver of or rel• .. • of &DJ' per•on .froa tbe penaltie• provided for bereiaabove in tbis •ection, and conviction thereunder •ball not preclude tbe City of BD1lewood froa proceedl.n1 witb any other le1al action or actiona tbat it a&J' dee• ad- vi•able. Section 12. Ordinances Hereunder Repealed: Ordinance Ro. 29, Series of 1928, and a~l ot&er ordinances and part• ol ordinance• in conflict berewitb are berebJ' eaprea&lJ' re- pealed. Section 13. Savini Clause: If any •ection, aubaection, sentence, clawae or pbr .. e Of tbl8 ordinance la for &DJ' reason beld to be UDCODStitutiOD&l, BUCh deci8iOD8 8hall DOt affect tbe valiclitJ' of tbia Ordinance. Tbe City Council berebJ' cleclarea tbat it would bave pu•ed thi• Ordinance and eacb section, subsection, sentence, clause or phrase thereof, irr .. pective of tbe fact tbat any one section, subsection, sentence, clau•e er phrase be declared uncoutitutional. Section 14. Bmer1enc1 Exists: Tbe City Council berebJ' find8, deterllines and declares tbi• ordlD&DCe i• nec•••arJ' ror tbe i ... diate preservation of tbe public peace, health, safe- ty, and convenience; and that in tbe opinion of tbe City Council an eaer1enc1 exist•; there- fore, thi• Ordinance •ball take effect and be in force fro• and after its final pu•ase and publication. Paa•ed on Pir•t Readin1 by tbe City Council of tbe City of Bnalewood, Colorado,~~bis 17tb day of June, A. D. 1957, and ordered published in tbe !Dflewood Herald and -.iterprise. AT1'88T: lli.J'Or ci.~-,-Cl.erk Councilaan Braun moved ) AYD:. DYS: ABSDT: Brownewell aeconded ) . tbat tbe Bill just read be approved and puaed on first reading and ordered publi•bed in tbe BDlle- wood Herald and Bnterpriae. Braun, Brownewell, llcLellan, Parker, Rapp, Robbina, Scott and Purcell. Rone. llcCabe. • • • • • • • City -.i1in .. r Reil Bard• aade a report on tbe bids received earlier: ''City Council 0.Dtle-D: Tb• tabulation of bid8 received for Pavin1 Di•trict Ro. 7 •hoW8 tbat tbe Peter Kiewit Sona Co. i• tbe low bidder, tbe propo•al i• in order, bidder• bond enclo••d in the required &110unt, power of attorney i• eacloaed for •i1D&ture, and tbe Coapany i• dM-d a reapon•ible and reliable fira. It i• reco ... nded tbat tbe bid of Peter Kiewit Sona Co. be accepted. Neil Barde, City bsineer" Councilaan Robbina moved ) AY&S: BAYS: ABSDI': llcLellan ••conded ) that the bid of Peter Kiewit Sona Co. be accepted as the lowest and best bid. Braun, Brownewell, llcLellan, Parker, Rapp, Robbin•, Scott and Purcell. lfone. llcCabe. • • • * • • • Ada. Ali•i•tant Joe Lacy made a report on the burglary of City Ball the nisbt of June I 11th, sivins total eatiaated loss figures, insurance coverage, and stepa .taken to lliniaize tbe cbanc• of •-recurriqr • . • • • • • • • llr. Dale Rea, Conaultins Bnsineer for the laying of the 24" water line froa tbe filter plant to tbe upper r .. ervoir, reco .. ended that .the bids received June 3 be rejected .. too bisb, and that new bida be received. Councilaan Scott moved ) Rapp aeconded ) that the bids received June 3, 1957, for laJiqs II" W&ter line be rejected, and that the CitJ re-advertiae for bicla and that bids be received and opened Jul1 1, 19&7. AYD: MAYS: ABSBlft': Braun, Brownewell, llcLellan, Parker, Rapp, Robbina, Scott and ~ell. lfone. llcCabe. • • • * * * * Ada. Aaaiatant Joe LacJ preaented the CitJ Bnsineer'• report concernins the CitJ Ditcb overflow at ll&Dafield Avenue. After discuasion, Council requeated that further contact witb tbe Denver Board of Water Coaaiaaionera be aade to aecure official autborization for con- atruction of bead wall inatallation aa proposed bJ the CitJ Bnsineer'• plan. • • • • • • • Ada. Aaaiatant Joe LacJ reported that the CitJ Bnsineer and llanager's office were at- t-ptins to arrans• for pavins on B. Dartmouth Ave. between s. Race St. and s. Vim St., in aucb a a&DDer that Denver would pay for it• share and Bnslewood propert1 owner• 1f01ll4 do likewise in advance, to preclude waitins for the 1958 Paving Dist. • • • • • • • Ada. Aaaiatant Joe Lacy reported that the CitJ bad coapleted Sewer Extension 55 at approziaately 1/2 tbe coat of the bida received. • • • • • • • llr. Ray Miller of the Junior Cbaaber of co .. erce requested that the City contribute to the Fourth of July firework• diaplaJ and show. Councilaan Robbina moved that tbe City contribute $200.00. llotion was lost for lack of a aecond. Councilaan Scott moved ) AYBS: DYS: ABSBlft': Braun aeconded ) that the City contribute $125.00. Braun, Brownewell, llcLellan, Parker, Rapp, Scott and Purcell. Robbina. llcCabe. • • • • • • • llr. Joe Lacy atated that an application bad been received froa •elvin c. SnJder of 2835 So. Clarkaon StrMt, for a perllit to build a awi-ins pool. Councilaan Rapp moved ) AYD: BAYS: A88mft': llclAllan aeconded ) that the City Manager and City Attorne1 be authorized to draft an ordinance resulatins pools, and that the Plannins co .. isaion be siven copiea to studJ and llake their reco ... ndations to the Council for their app.-oval JulJ 1, 1957. Braun, Brownewell, llcLellan, Parker, Rapp, Robbins, Scott and Purcell. lfone. llcCabe. • • • • * * • Councilll&D Bobbina moved ) AYU: BAYS: ABllDT: Scott aeconded ) to adjourn. lfone. Braun, Brownewell, llcLellan, Parker, Rapp, Robbins, Scott and Purcell. llcCabe. • • • • • • • llr. MJrick and llr. Carleno, Attorne1•, were voted on for Aesiatant CitJ Attorn•J• llr. Williaa MJrick was appointed as tbe Aasiatant City Attorne1. • • • • • • • I I I Councilll&D Braun moved ) AYD: BAYS: ABSDI': llcLellan •econded ) to adjourn. Braun, Brownewell, llcLellan, Parker, Rapp, Scott and Purcell. Robbiu. llcCabe. • • • • • • • .Tbe ainut .. of tbe ... t1n1 of the City Council of the City of BD1lewood, Colorado, beld this 17th daJ of June, A. D. 1957, stand approved as corrected . this lat daJ of JulJ, A. D. 1957. ATl'aT: Kay or o~ 473.