HomeMy WebLinkAbout1957-08-05 (Regular) Meeting MinutesI
REGULAR llBRTIMG OF THE CITY COUNCIL
OF THB CITY OF IMGLDOOD, COLORADO,
HELD llOMDAY, THE 5TH DAY OF AUGUST,
1957, AT 8:00 P.M.
• • • • • • • • • • • • •
· 11&1or Purcell called tbe .. etin1 to order and the invocation was given by the Reveren4
O. r. Ree1 of tbe Grace Lutheran Church.
• • • • • • • • • • • • •
11&1or Purcell called for roll call.
PRESDT: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
ABSBIT: Mone.
• • • • • • • • • • • • •
Councilaan Rapp moved)
Parker seconded) that the minutes of July 1st and 15th be approved as written.
AYBS:
KAYS:
ABSDT:
Braun, Brownewell, llcCabe, McLellan, Parker, Rapp, Robbins,·Scott and Purcell.
Mone.
Mone.
• • • • • • • • • • • • •
llr. John B. Pere1oy, 3000 South Clarkaon Street, made an appeal to the Council for a per-
ait to build another bouae on a plot wbicb did not have the necessary square feet for two (2)
chrelli ... , and for wbicb the Zonin1 Board of Adjustment bad refused a permit.
Councilaan Parker moved)
llcCabe seconded) that Council suggest to the Zoning Board of Adjust11ent
to have this land posted and a bearing be held.
Councilll&D Scott moved)
Rapp seconded) to table the above motion.
AY&S:
RAYS:
ABSUI':
Brownewell, llcCabe, McLellan, Rapp, Robbins, Scott and Purcell.
Braun and Parker.
Mone.
• • • • • • • • • • • • •
llr. Klmett Howerton, 4851 South Acoaa Street, requested that a larger culvert or a pan
be placed in Acoma Street to permit the water to flow on through instead of backiDI •p ·on bis
propert1 and neisbbors. Mr. Howerton presented a sketch of tbs proposed plan and stated be
and a nei1bbor owned tbe property in question. There bas been an understanding in City Ball
heretofore that the drainase was on a non-dedicated street.
Councilll&D Rapp 110ved)
llcLellan seconded) that tbe City Engineer investigate and make a report to
Council at the next Council meeting, August 19th.
AYKS:
BYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
ABS&lft': Mone.
• • • • • • • • • • • • •
llr. RoJ Tollen, 4584 South Cherokee Street, stated that the alley at tbe rear of bis
preaia .. baa been filled with dirt and that tbe retaining walls wbicb bad been built to keep
th•• fro• bein1 flooded would not be of any help if they bad a rain of any · consequence. Be
alao atated that tbe contractors working on the Paving District bad recently duaped large
quantiti•• of dirt in the alley.
Councilll&D Rapp aoved)
Robbins seconded) that an investigation be made and that tbe alley be
cleared as soon as possible.
AYU:
RAYS:
Braun, Brownewell, llcCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
ABSDT: Mone.
• • • • • • • • • • • • • •
Ill'. lred Janaaen, Bn1lewood representative to, and Chairman of the Inter-County Re1ional
Plannina Colllaiaaion, stated that be would present a aemo after each aeetin1 of tbe 1.c.1.P.C.
in order tbat tbe CitJ Council would be adYised at all times, and also stated that the
Colllaiaaion in turn would welcoae any reaction or comments from tbe Council.
The 11&1astated that there would be times when the Council would like to ~ave bi• meet
at the fourth llonday sessions.
• • • • • • • • • • • • • •
'
Bearing was held on the application of Maurice P. Saliman for a liquor license at
the Spa Grill located at 3484 South Broadway previously operated by llr. and llrs. Beckfield.
The poliCBreport was read and there were no objections, whereupon,
Councilaan Parker moved)
AYBS:
RAYS:
ABSBlf'l':
llcLellan seconded ) that the request for a liquor license be granted.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
Rone.
• • • • • • • • • • • • •
An application was received from llr. Clifford R. Starr for a package liquor store
to be located at 3491 Soutb Downing Street.
Councilaan Parker moved)
Robbins seconded) that the application be received and the preaises poated
and that a bearing be held Tuesday, September 3rd, 1957.
AYBS:
lfAYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
ABSDI': None.
• • • • • • • • • • • • •
A comaunication was received from Bosworth, Sullivan and Company Bond Bouse showing
adjust .. nt on bond bid for Paving District No. 7 and a reduction of average net interest
rate fro• 4.598' to 4.4951.
• • • • • • • • • • • • •
A letter was read and filed from llr. B. T. Paca of 4306 South Wasbin1ton Street, on
bis reactions to Boae Rule 110vement.
• • • • • • • • • • • • •
A letter was read fro• Mr. Willia• Norlie of 3098 So•tb Downin1 Street, claiain1
$5.00 for cleaning drain pipe and gutter in front of bis residence.
llr. Rudd was asked to write llr. Norlie explaining that if, and when, any of the
streets on this corner were paved, bis drainage problem would be over.
• • • • • • • • • • • • •
An invitation was extended fro• llr. Clark B. Carpenter, Mayor of Golden, to atten~
tbe M.A.M.A. aid-su ... r .. etin1 to be held at the Holland House. Sewen aealBrs of tbe
City expressed their desire to attend.
• • • • • • • • • • • • •
A reco ... ndation was received from the Water Advisory Board tbat the sewer tap fees
previously authorized for Sheridan Bills Subdivision covered in the Connector's Agr...ent
with Glencoe Builders, Inc. be approved, as recommended, under date of June 19th, 1957,
on a basis of $100.00 for each tap and tl:at no further tap peraita be issued until the
entire amount for sewer taps issued to date is collected.
Councilaan Brownewell moved)
Robbins seconded) that the City Council approve and adopt the Water
Advisory Board's recommendation.
AYBS:
NAYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and 1>1:1rcell.
None.
ABSBlf'l': lfone.
• • • • • • • • • • • • •
Reco ... ndation was received f~om the Water Advisory Board that upon receipt by City
Council of formal request from the Valley Sanitation District for permission to annex by
Supple .. ntal Agree .. nt the following described land to that District, saae be approved
allowin1 no additional taps beyond those now authorized for the District:
"Southeast Quarter (SB!> of Section 7, Towuhip 5 South, Range 68 West, Arapaboe
County, Colorado;"
s ... being approximately 160 acres, West of Lowell Boulevard and North of West
Belleview Avenue.
Councilaan McCabe moved)
Scott seconded) to approve and adopt the recomaendation _of tbe Water
Advisory Board.
AYES:
RAYS:
Braun, Brownewell, llcCabe, McLellan, Parker, 8app, Robbins, Scott and Purcell.·
lfone.
ABSBMT: None.
• • • • • • • • • • • • •
I
r
I
I
I-
I
Reco ... ndation was received from the Water Advisory Board that the Southwest Cherry Hills
Water District be allowed to annex to that District by Supplemental Agreement the following
described land and that the red line be extended to include the area:
Blocks 1, 2, 3 and 16, South Broadway Heights Addition, and a parcel situated
Ba.at of Blocks l and 16, South Broadway Heights Addition, bounded on the North
by Bast Oxford Avenue, on the Bast by Cherry Bills Golf Course and on the South
by Bast Quincy Avenue.
Councilman Parker moved)
Brownewell seconded) that the recommendation of the Water Advisory Board
be approved and adopted.
AYBS:
NAYS:
ABSBIT:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
None.
None.
• • • • * * * • * * * * *
City approved the appointment of Mayor Purcell, Mr. Robert Frantz and llr. M. o. Shivers,
Attorney, as meabers of a joint committee to consider a plan for sewage disposal service to
outer areas.
* * * * * * * * * * * * *
Kr. Rudolph Maerz has offered to dedicate land for street purposes at the northwest
corner of Buron and Quincy.
Councilman Scott moved)
AYES:
NAYS:
ABSDl':
Parker seconded) that the City accept the land for street purposes.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
None.
None.
• * * * • * * * • * • * *
A recollm8ndation was received from the Planning Commission that the period of regis-
tration for non-conforming uses be extended beyond the present termination date.
Councilman Brownewell moved)
Robbins seconded) that the City Attorney be instructed to amend the present
Zoning Ordinance for an extension of time for . regis-
tration of non-conforming uses to July 1, 1958.
AYBS:
NAYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
None.
ABSBlft': None.
* * * * * * * * * * • • *
The following bill for an ordinance was presented and read in full:
A BILL
FOR AR ORDIMAICE ESTABLISHING A CIVIL SERVICE FOR THE POLICE AND FIRE DEPARTllBlfl'S OP TBB CITY
OF -.GI.ftOOD, COLORADO; CRKATING THB DGLDOOD POLICE AND FIRE DEPARTDlft'S CIVIL SBRVICB
co•ISSIOll; ADOPl'llfG RULES AID RBGULATIONS GOVERNING THE POLICE AID l'IRB DBPARTllDTS; PRB-
SCRIBIE DBTAILS RBLATING TRBRBTO; BllPOWBRilfG THE CIVIL SERVICE COlllllSSIOll TO l'ORllULATE RULES,
RmULATIOMS, AID PROCDUm TO CARRY OUT TD ·"8QYISI01'S 'OF .TBI8 ORDIIU.ES; AND DJX::LARillG AX
~ I < r '4. Y.
BB IT OBDAIDD BY THE CITY COUll:IL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. Establishing a Civil Service System. Under the provisions of Chapters
139-4?-1 tO 139-48-10, inclusive, oi the Colorado Revised Statutes 1953, as Amended, there is
berebJ e•tablisbed a Civil Service System for the Police and Fire Departments of the City of
Bnsl9WOOd, Colorado. On and after the ~ffective date of this ordinance, all appointments,
promotioD8, de11ations, changes in grade, suspenaions and all other administrative acts that
affect the ri1bt of an eaployee occupying a position in the Classified Service of tbe Police
and Fire Departaents to be secure in his position shall be in accordance with the provisions
of tbi• ordinance. ' ·
Section 2. Creatin1 a Civil Service Commission. Under the provisions of Chapters
139-47-1 to 139-48-10, inclusive, of the Colorado Revised Statutes, 1953, as Amended, there is
berebJ created the Police and l'ire Departments Civil Service Comaission, thereafter referred
to aa tbe Co111lission, coD8istin1 of three membersof known devotion to the merit systea, who
shall ••rve without pay, but who shall be reimbursed for the actual expenses they incur in
tbe discharge of their duties.
Tbe DOl" .. l tera of each co .. issioner shall be six years; provided that the teras of the
first Co111li•sioners appointed shall be as follows: One for two yeara, one for four years,
and one for six years. Vacancies occurring hereafter in the Collllisaion aball be filled by
appoint .. nta br the City Council for a term of six years, excett that appointaents to fill
vacancies dccurrin1 during the term of office of a Commissioner shall be for the unexpired
portion of tbe ter• of such eo .. issioner. The City Clerk or a clerk designated by bi• shall
act as secretary to the co .. ission without additional compensation.
The City Council aay reaove any co .. issioner from his office for inefficiency, neglect,
violation of the proviaioD8 of this or any other ordinance of the City of Englewood, or any
other cause which renders hi• unfit to perform the duties of a Commissioner, by furnishing
the Collllissioner with a written notice of intention to take such action, a written statement
of the reasons for such dismissal, allowing him an opportunity to appear before the next
regular or special .. ating of the City Council in his own defense, and afterwards passing a
resolution of reaoval by a aajority vote of the members of the Council present and voting.
Any Gollllissioner against wboa re110val action has been i11&tituted shall have the right to be
represented by counsel at any meetings where such action is to be considered.
Section 3. Powers and Duties of the Commission. The powers and duties of the
Collllisslon shall be:
(a) To classify all positions within the Police and Fire Departments.
(b) To formulate and publish minimum standards and qualifications for each
class of positions within the Classified Service of the Police and Fire
Depart .. nts, which standards and qualifications shall be realistic, and
shall be based on the duties performed by the incuabents of the positions
within the class.
(c) To publish announcements of vacancies, and of examinations to fill such
vacancies, and to accept applications for employment with the Police and
Fire Departaents. In acceptin1 such applications, the Coamission shall
have the ri1bt to require any applicant to furnish satisfactory proof
that be possesses the minimum qualifications established for the class of
position for which be is applying, and to refuse to adait to the examination
any applicant who fails to furnish such satisfactory proof that he possesses
such ainimua qualifications.
(d) To prepare and conduct, or contract for the preparation and conducting of
examination• to determine the fitness of applicants for employment within
the Claasified Service of the Police and Fire Departments. _
(e) To aaintain lists of eligibles for employment within the Classified Service.
There shall be aaintained a list of eligibles for each class of positioas
within the Classified Service.
(f) The co .. ission aay, at its option, certify for employaent in any position
within the Classified Service, any employee who has de110nstrated bis fit-
ness for poaitions in tbe same or a higher class by virtue of having taken
the appropriate exaaination for such positions and attainin1 a passin1
score, whenever, in tbe opinion of the Commission, such eaployee possesses
tbe necessary qualifications for appointment to tbe positioas.
(g) In all examinations tbe grade by percentum attained in all graded parts of
tbe examination shall be totalled and divided by tbe nuaber of separate
parts of the examination. The average by percentua shall be the grade in
points.
Five points shall be added to tbe grade of every applicant for origiaal
appalnt .. nt who furnishes to the Commission satisfactory evidence of having
served in the Araed Services of the United States durin1 any war, or of having
served on active duty with such Armed Services on foreign soil while engaged
in hostilities during &JWdeclared emergency or so-called "police action";
provided, however, that this provision shall not apply to any applicant
whose final period of service with such Armed Services was aot terminated
under honorable conditions.
Ten points shall be added to the grade of every applicant for original
appoint .. nt who furnishes to the Commission satisfactory evidence of having
served in the Ar .. d Services of the United States during any war, or of
bavin1 aerved on active duty with such Armed Service• on foreign soil while
engaged in bostilities during any declared emergency or so-called "police
action"; pd ·of _b,vin1 ,bee~ d1.aabUttl &11 : ·a ··rei1ui.t:bfl 8uola t aeJ'Yll'el o pn,icled,
lapp•••~ .. :. ttaai tbl• pro~tsion sliall . not apply to an;r appllcutc no•est..-1
per.iod....of aervice .. wi.tb:-llilch .Ar11ed '.Services was not terainated under honor-
able conditions.
(b) To prepare and conduct, or contract for the preparation and conducting cf
examinations to determine the fitness of applicants for promotion to higher
grades within the Classified Service.
' (i) 7o formulate and publish rules, regulations, and procedures to carry out
the provisions of this ordinance. All such rules, reaulations, and pro-
cedure• shall be consistent with the provisions of this ordinance, and
all the relevant laws of the State of Colorado. ·
(j) To act as a board of eeview to investigate all written appeals of eaployees
boldin1 peraanent appointments in the Classified Service arisin1 fro• the
re11aval fro• office, de110tion, suspension for more than ten days, or other
administrative actions adversely affecting the right of the eaployee to be
secure in bis position. If such investigation shall reveal tbat ·such re-
moval, suapenaion, demotion, or other administrative action is not in
accor.a&nce with the provisions of this ordinance, then the Coaaission
shall order the reinstatement of the employee to bis foraer position and
condition of eaploy .. nt.
(k) To bold re g ular meetings of the Comm l ssion on the second Monday in Janu~y,
April, July, and October of each year, and such special meetin1s as aay be
called by the chairman of the Commission, or by any two meabers ·of the
co .. ission, after three days notice in writing to all members of the co .. ission.
Two meabers of the Coamission shall constitute a quorum to conduct business.
(1) To elect a chairman and a vice-chairman from among its members. The chair-
man shall preside at all meetings of the Commission, if be is present. In
the absence of the chairman, the vice-chairman shall preside.
(•)
(n)
To furnish the appointin1 officer with lists of eligibles for appoint .. nt
to all positions within the Classified Service of the Police and Fire De-
partments within a reasonable time after proper requisition. All such
lists will contain the 111.mes <1 two eligibles in exceas of the nuaber of
existing vacancies to be filled in each class. Tbe appointin1 officer a&J
appoint to any position any one of the three certified eli1ibles with the
bi1best total scores.
Applicants for eaployllBnt in the Clasaified Service •ball lave been res-
idents of the State of Colorado for at least one rear prior to receipt of
I
I
I
I
their applications. Further, no eli1ible applicant wboae place of
residence for tbe one year next precedin1 application bas been outside
tbe lillita of tbe City of Bnslewood aball be certified for eaplo1 .. nt
in tbe Clasaified Service of tbe Police and Fire Depart .. nta until all
eli1lble applicants wbo bave resided continuoualJ within tbe citJ liaits
of tbe City of BD1lewood for tbe year next precedin1 tbe certification
bave been certified for eaplo1ment and aball bave failed to accept
offered emplo1 .. nt within a reasonable ti ...
Further, no eli1ible wbo baa not been, for tbe one 1ear next precedin1
date of certification a aeab9r of tbe Bn1lewood Volunteer Fire Depart .. nt,
shall be certified for eaploJ1Bnt within tbe Classified Service of tbe
Fire Departaent until all eli1ibles wbo are .. abers of tbe said voluntar1
Fire Depart .. nt sball bave been certified and bave failed to accept offered
eaplo1 .. nt within a reasonable time.
(o) Tiit investi1ative facilities and personnel of tbe Police Department shall
be available to make any requested investigations for tbe Comaission.
Section 4. Appointaents. The City llana1er sball be the appointin1 officer for tbe
purposes di' this ordinance. After tbe effective date of this ordinance, all appoint11mats
to positions in tbe Classified Service shall be either temporar1 appoint .. nts, probational
appointaents, permanent appointments or actin1 appointments.
(a)
(b)
Teaporary Appointments to perform duties that do not require special skills
may be made by the appointing officer without prior approval of tbe Co•-
mission. Such temporary appointments shall not exceed nine months duration.
Probational appointments shall be made by the appointing officer from cert-
i f icatea of eligibility furnished by the Commission.
(c) Every employee who is allowed to enter on duty in bis reaular position
after tbe completion of six calendar months of service in a position in
tbe Classified Service shall be deemed to bold permanent appointment in
that position.
(d) Actin1 appointments. Whenever a regular supervisory position in the Class-
ified Service is temporarily vacant by reason of tbe authorized absence
of the incumbent to that position, any employee whose name appears on the
eli1ible list ... intained by the Commission for that position ma1 be appointed
to act in the position for the purposes of training or for observation
to determine the suitability of the employee for promotion to that position.
Such appoint .. nts aay be made by the appointin1 officer without prior app-
roval by the Colllllission. Such acting appointments 118.J not be continued for
a period of ti1D8 in excess of six (6) calendar months, at the end of which
time the eaployee must either be promoted, or reassigned to a position
witbin the class in which tB bolds regular appointment.
Section 5. Terminations. Terminations shall be by resignation, retirement or dis-
llissal.
(a) Resignations. Any ••ployee may submit a resignation in writing at any ti1D8,
and such resignation shall, upon acceptance by the appointing officer, be-
come effective at the ti1D8 and date specified in the resi1nation. If no
tiae and date is specified in the resignation, then it shall become effec-
tive at the time and date designated by the appointing o:l1icer.
(b) Disaissal of probationary employees. Any employee servin1 in &DJ position
within the Classified Service of the Police and Fire Depart1D8nts under a
probational appoint1D8nt aay be dismissed from the service by the appointing
officer, and such probational appointment terminated at any ti1D8 prior to
the expiration of six calendar months of full time service in the position
wbicb be occupies when it is administratively determined tbat sucb dis-
llissal and termination is in the best interests of tbe City of Bn1lewood.
(c) Dislliaaal of .. ployees holding permanent appointments. Any eaployee serv-
in1 in a full time position under a permanent appointment m&J be dismissed
fro• tbe service and such appointment terminated for tbe following reasons
and no other: ·
1. Prohibited political activity as designated in Section 10 of tbis
ordinance.
2. Conduct unbecoain1 an officer.
3. Inaubordination, or refusal to obey the lawful order of a superior
officer or a supervisor.
4. Inefficency.
5. Unautborized absence from duty for more than three days.
6. Drinkin1 alcoholic beverages or being under tbe influence of alcobol
or narcotic drugs while on duty.
7. Conduct involving moral turpitude which is in violation of an or-
dinance of the City of Englewood, or violation of a law of the State
of Colorado or of the United States.
8. Failure to make reasonable effort to meet bis financial obli1ations.
9. Knowingly ll&king a false official statement.
10. railure to report a known violation of an ·ordinance of tbe CitJ of
&n1lewood, or failure to report a violation of tbe laws of tbe State
of Colorado or of the United States.
~
11. ADJ act or oaission contrary to good order and discipline, or wbicb
conatitutea a violation of any of the rules and reaulationa adopted
489
and published by the Coauaission for the government of the Classified
Service of the Police and Fire Depart11ents.
(d) Teraination by Retirement. Termination by retire .. nt shall be ac-
coaplisbed under tbe conditions and provisions of Articles 139-49
and 139-50, Colorado Revised Statutes 1953, as Amended.
(e) Re1ardless of any conflicting or contrary provisions al this ordin-
ance, tbe City, at any time, may, in its sole discretion, adopt a
new or revised fora of Police and/or Fire Depart .. nt oraanizational
set-up, and disaiss and/or reduce in grade such eaployees as aar be
necessary to aeet the requirements thereof; provided, tbat any eaploy .. •
so disaissed or reduced in grade shall have preference for future
eaploy11ent.
(f) Abolition of a position shall be grounds for reassi1n .. nt or disllissal;
provided that, in such event, tbe said position shall not be recon-
stituted for a period of one year, and any employee disaissed as a
result thereof shall be accorded such preference as aay be feasible
for other eaployaent in the department.
section 6. Disciplinary actions. The following disciplinary actions are appoved
for vloiatlona of departmental rules and regulations.
(a) Official reprimand. Official reprimands may be given by the Chief
of Police ar Fire Departments for violations of rules and reaulations
proaulaated by the co .. ission, or for violations of departmental rules
and reaulations. Such official reprimands shall be in writing, and
shall becoae a part ~ the employee's official record.
(b) Reassignment. Any employee may be reassigned by the Chief of the Police
or Fire Departments whenever the good of the service requires.
(c) Suspensions without pay for a period.11>t in excess of ten days. Any
employee may be suspended without pay for a period of not more than
ten days for any serious violation of the rules and reaulations of ~e
depart11ent upon the reco ... ndation of the bead of the depart11ent concerned.
Such suspension without pay shall not require approval of tbe Collllission;
provided, however, that any employee who bas been suspended twice witbin
any five year period, and who shall again commit such serious violation
of the rules and ~eaulations shall not again be suspended, but bis dis-
missal shall be recommended by the bead of the depart .. nt concerned.
(d) Suspension without pay for more than ten days. Any eaplo19e may be
suspended without pay for any period not in excess of thirty days by
the ColllRission upon the recommendation of the appointin1 officer and
the Chief of the department so concerned. All such suspensions without
pay shall be for serious derelictions of duty. In all such suspensions,
the emplo1ee shall be furnished with a written state .. nt of the chars••
and specifications pending against him prior to the be1innin1 of tbe
suspension. Any employee receiving such written statell8nt of char1es
shall be allowed ten days in which to file with the Co.U.ssion a written
reply to the charges and specifications. After such written reply is
received by the Commission, the Commission shall make or have aade such
investi1ations and bearings as it deems desi~ab1e and proper, and if
such investigations and bearings reveal that the suspension was made in
accordance with the provisions of this ordinance, and is reasonable and
proper, tbe suspension shall .be approved. If such investiaations reveal
that the suspension was not made in accordance with the provisions of
this ordinance, or is not reasonable and proper, tben the co .. ission .. ,
order the eaployee reinstated to bis position without loss of pay or
privile1es. If no written reply is received by the Co1111iasion within
ten days after notification in writing to an employee of a pendin1 sus-
pension, the employee will be deemed to have assented to the suspension.
(e) De110tions. Any employee occupying a position in the Classified Service
may be demoted to the next lower grade by the appointing officer for in-
efficiency, serious dereliction of duty, serious violation of tbe rules and
reaulations of the Commission, or because of abolition of the position
which the eaployee occupies. In any case of demotion for reaaons other
than abolition of the position which the employee occupies, the eaployee
shall have the ri1bt to file with the Commission a written appeal fro•
the decision to demote bi• to the lower grade. If, after such inveatiaation
and bearin1s as it shall deem proper and just, the co .. ission should de-
cide that the demotion was not justified, the employee shall be reinatated
to bis former position and status without ~oss of pay or privileaes.
If an eaployee fails to file a written appeal to the co .. ission within
the ten day period, be shall be deemed to have assented to tbe demotion.
Whenever an eaployee is demoted because of the abolition of a position,
such position shall not be aaain activated until after tbe lapse of one
calendar year.
I
1 ..
section 7. Riabt of appeal in disaissals. Whenever an eaployee occupyina a posi-
tion within the Classified Service under a permanent appoint .. nt i• di•lli•••d and tbe 1·
appoint11ent terainated under the provisions of Section 5 (c) of tbi• ordinance, be shall,
before the effective ti•• of the dismissal, be furnished with a written •tatell8nt of tbe ~ ,
cbar1es and.specifications, and be aay, within ten days, file with tbe Collllission a
notice of appeal fro• such disaissal. When such appeals are received br the co .. ission,
it shall ll&ke or have aade such investigations and bearings as it dee .. necessary and proper,
and either approve or reverse the dismissal. If the Coamission approve• tbe disaissal,
tbe eaploree aay appeal tbe decision to tbe City Council by filina within ten days with
tbe City Clerk written notice of such appeal. The filing thereof •ball •uapend all further
proceedinas until tbe City Council shall bear and determine such appeal, eitber at a rea-
ular or special 11eetin1 in its discretion. The action of the City Council •ball be final.
If the Colllliaaion or tbe City Council reverses the dismissal, tbe employee shall be restored
to bi• for .. r poaition and status without loss of pay or privileges. In any case, where no
appeal i• file~ witbin tbe ten day period with the Commission or tbe City Council, the eaployee
shall be dee .. d to have aasented to the dismissal. ·
Section 8. Tenure of present employees. Every employee occupying a position with tbe
Police or tire Departaents on tbe effective date of tbis ordinance and wbo shall have coapleted
at leaat aix month• of service in such positions, shall be deeaed to bold peraanent appointments
in aucb poaitiona. Ivery eaployee occupying a position with tbe Police and Fire Departaents
on tbe effective date of this ordinance, wbo shall have completed le•• than •ix montbs of ser-
vice in aucb poaition shall be deemed to bold probational appoint .. nt• in aucb positions. Every .
eaployee, wbo, on tbe effective date of tbis ordinance, shall be in a leave-without-pay status
wbicb waa cranted for tbe purpose of enabling aucb employee to obey an official order calling
or recalliDI aucb eaployee to active duty with the armed forces of tbe United States, and wbo
aball have coapleted at least six months of full time service in bis position at tbe ti .. such
leave-witbout-pay was granted shall be deemed to bold permanent appointaent in tbe position.
Section 9. Residence requirement. Every employee occupying a position within tbe Classi-
fied Service under a per11&Dent position shall, within ninety days after attaining sucb status,
.. t~liab and continuously maintain residence within tbe city liaits of tbe City of Inglewood.
Pailure to coaply with this requirement shall be deemed to be violation of Section 5 (c) 3, of
tbi• ordinance, and sball be reason for dismissal; provided, that tbe Commission 11&J for good
cauae in it• diacretion suspend or waive tbe requirements of tbis . section for such period or
perioda of tiae u it .. , deem necessary.
Section 10. Political activity probibited. No person holding an office or place in tbe
Police or fire Departaents shall seek or accept election, nomination or appoint .. nt as an officer
al a political club or organization, or take an active part in a county or municipal political
caapai1n, or aerve as a .. aber of a coaamittee of such club, organization, or circle, or seek sig-
nature• to &DJ petitions privided for by any law, Dr act as a worker at tbe polls, or distribute
bads••• or paapblets, dodgers or handbills of any kind favoring or opposing any candidate for
election, or for noaination to a public office, whether county or municipal; provided, bow .. er,
tbat nothing in this act shall be construed to prevent any auob of fioer or eaployee from becoming
or continuing to be a meaber of a political club or organization or fro• attendance at a political
... ting, or fro• enjoying entire freedom from all interference in casting bis vote. Any willful
violation tbereof, or any violation through culpable negligence, shall be sufficient grounds to
authorize the discharge of any employee.
Section 11. Severability clause. If any section,sub-section, sentence, clause, or phrase
of tbls ordinance is for any reason held or decided to be unconstitutional, sucb decision shall
not affect the Y&lidity of the remaining portions of this ordinance. The Council bereby express-
lJ declares tbat it would have passed this ordinance and each section,subsection, sentence, clause
and pbrue thereof, irrespective of the fact that any one or more sections, subsections, sentences,
clauaea, or phrases might be declared unconstitutional.
Section 12. It is hereby declared that an emergency exists, and that this ordinance is
neceaaary for the i ... diate preservation of the public peace, health, and safety, and it is bere-
bJ further declared that this ordinance shall take effect and be in force upon its passing and
final publication.
Pused on First Reading by the City Council of the City of Englewood, Colorado, this 5 day
of Au1U11t, A. D. 1957, and ordered published in the Englewood Herald and Enterprise.
ATl'BST:
cnyCJ.en
Councilll&D McLellan moved )
Scott seconded )
llayor
• • • • • • • • • • • • •
that the above ordinance just read be passed on first reading
and ordered published in the Englewood Herald and Enterprise.
AYBS: Braun, Brownewell, McLellan, P~ker, Rapp, Robbins, Scott and Purcell.·
KAYS: llcCabe.
ABSBlft': Mone.
• • • • • • • • • • • • •
Councilaan llcLellan subaitted the following men recommended by the Fire Departaent to be
naaed to tbe Civil Service Commission: Dr. Harry G. Weigand, llr. Harold Rust and Dr. John Siaon,
Jr. .
llr. llcLellan also stated that if &aJ of the Co~ncil .. n know of any persons well qualified
that they ahould be considered.
• • • • • • • • • • • • •
The following bill for an ordinance was presented and read in full:
A BILL
FOR A1f ORDIMARCB TO BB KlfOD AS THE "ilTI-LITl'BR ORDIMAJICE OF TBB CITY OF E1'GLBWOOD, COLORADO",
PROlllBITl1'G TBB LITTBRl1'G OP PUBLIC AMI> PRIVATE PLACES WITHIN SAID CITY; RBGULATIE TD DISTRI-
BUTIOB OF CIRCULARS, BAJmBILLS, OR arm LITERATURE AMI> PROBIBITIKG CDTAI1' PRACTICD IX co•-D:TIOI TBIBDITB; PROBIBITllG THI DISCBARGI OF LIQUIDS UPOI THI PUILIC IATS; PBOVIDIE PDAL-
TIBS l'OR TD VIOLATIOlf or TRIS SAID ORDllA~E AND PROVISIOIS POR TRI IDORClllDT TlllRIOr; U-
PBALllfG ALL ORDINAlfCBS AlfD PARTS OF ORDilfAMC•S IN CONFLICT HBRBWITB; Alm DBCLARl1'G Alf BllBRGBICY.
BB IT ORDAINED BY THE CITY COUNCIL OF TBB CITY OF ENGLEWOOD, COLORADO:
Section 1. This ordinance shall be known as the "Anti-litter Ordinance of the City of
Bnglewood, Colorado".
Section 2. It shall be unlawful for any person, firm, or corporation to litter, or per-
llit to be littered, any of tbe streets, alleys, or public places in the City of Bnglewood,
1tttb &DJ waste, rejected, valueless, or worthless matter, materials, earth, 11&11ure, trash,
debris, ashes, waste paper, garbage, filth, or other waste materials, or to deposit, or cause
tbe sa .. to be deposited upon, or permit the same to be accumulated upon, &DJ prelliaea other
than those designated as official City Dumps.
Section 3(a). It shall be unlawful for any person to distribute, deposit, place, throw,
scatter, or cast any co ... rcial or non-coamercial circular, handbill, advertise .. nt, or other
literature in or upon &DJ auto11e>bile or other vehicle. The provisions of this subsection shall
not be dee .. d or construed to prohibit the handing, transmitting, or distributing of &DF non-
co ... rcial circular, handbill, or other literature to an occupant of any auto110bile or other
vehicle who is willing to accept the same.
(b). If circulars, handbills, advertisements, or other literature are distributed to
private perllises, other tban by personal delivery to the occupant of an auto110bile or vehicle
as provided in 3(a) above, the distribution shall be lawful only in coapliance with tbe follow-
ing procedure: tbe circulars, handbills, advertisements or other literature shall first be
firaly bound or folded, or shall be securely affixed or confined in so .. position near a prin-
cipal entrance to tbe preaises to obviate the likelihood of dispersal by tbe wind, or litter of ·
&DJ area.
(c). It shall be unlawful not to comply with the procedure outlined above, and it shall
be unlawful to select or eaploy any person who distributes circulars, handbills, advertieeaents,
or other literature in any 111mner except in accordance with such procedure.
(d). Proof that any area was found unduly littered and unsightly by a specifi-4 kind
of circular, handbill, advertise .. nt, or other literature which was diatributed by unidentified
distributors shall be prima facie evidence of a violation of tbts section.
(e). Section 3(b) shall not apply to newspapers or other literature ordered by or sold
to the owner, or occupant of the preaises, nor to circulars, handbills, advertise .. nts, or
other literature delivered by or through the United States mail.
Section 4. It shall be unlawful for any person, firm, or corporation to convey or cause
to be conveyed through the streets, alleys, and public places in the City of Bn1lewood, any
waate or loose materials of any description, except in tight receptacles, boxes, or truck bod-
ies equipped with secure tarpaulin or otaaer covers which prevent tbe escape of any aaterial
contained therein, and tbe depositing on or littering of any public places or private prellises
with said waste or loose materials, or any part thereof.
Section 5. It shall be unlawful to discharge any industrial or commercial water or any
polluted or contaainated waste upon the sidewalks, streets, alleJs or gutters within tbe City
of Bnglewood at any tiae.
Section 6. It shall be unlawful to throw or discharge fro• any lot, buildin1, or preaises
any water, fluid, or liquid sublltance so as to affect injuriously tbe surface of any street, aliey,
sidewalk, or any public place or way, or to make the same unsafe for travel.
Section 7. Every person convicted of a violation of any provision of tbi• ordinance aball
be punished by a fine of not more than Three Hundred Dollars ($300.00) or iaprison .. nt of not
110re than ninety (90) days.
I
I
Section 8. The City of Englewood, Colorado, may at its option, proceed by injunction, I
abate .. nt, suit for collection, or any other legal action which it may dee• advisable in tbe en-
force .. nt of the ter .. of this ordinance; provided, that such election aball not in any way
waive or release any peraon fro• the penalties provided for in Section 7 of this ordinance,
and conviction under said Section 7 shall not preclude the City of Inglewood fro• proceedin1
with &DJ further and additional legal action which it may deem advisable.
Section 9. If any aection, subsection, sentence, clause or phraae of this crdinance is
for any reaaon held to be unconstitutional, such decisions shall not affect tbe validity of this
ordinance. Tbe City Council hereby declares that it would have pasaed this ordinance, and eacb
section, aubllection, aentence, clause or phrase thereof, irrespective of tbe fact tbat any one,
or &DJ section, aubaection, sentence, clause or phrase be declared unconatitutional.
Section 10. Any ordinances and parts of ordinances in conflict berewitb are hereby re-
pealed.
Section 11. The City Council hereby finds, determines and declare• that tbia ordinance is
necesaary for the i .. ediate preservation of the public peace, health, safety and convenienc~ • .
Section 12. In tbe opinion of the City Council an emergency exiats; therefore, this or-
dinance aball take effect and be in force from and after its final paasage and publication.
Passed on First Reading by the City Council of the City of Englewood, Colorado, tbis 5 daJ
of August, A. D. 1957, and ordered published in the Englewood Herald and Bnterprise.
A'M'BST: llayor
c-1-iy--crerk
• • • • • • • • • • • • •
Councilman Braun moved )
Brownewell seconded ) that the above ordinance just read be passed on first
reading and ordered published in the Englewood Herald
and Enterprise.
I
I
I
AYBS:
KAYS:
ABSENT:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Puroell.
Mone.
Mone.
• • • • • • • • • • • • •
The following bill for an ordinance was presented and read in full:
A BILL
FOR AM ORDIMAMCB AllBMDIMG ORDINANCE NO. 13, SERIES OF 1951, TO PROVIDE FOR THE FILLIJfG IM OF
SPACBS BBTWBBR TBB CURB LINES AND THE SIDEWALKS WITHIN THE CITY OF EXGLBWOOD, COLORADO.
BB IT ORDAilfBD BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. Ordinance No. 13, Series of 1951, is hereby amended by adding the following para-
sraphs at the end of Section 18 (a) of the said ordinance:
In cases where the space between a curb line and a set-back sidewalk in a residential
district is less than eighteen (18) inches in width, the City Engineer may, upon application,
issue a permit for such spaces to be filled with concrete of the specifications and under the
requirements of this ordinance. The City Council may, on its own motion, order any such
strip of less than eighteen (18).inches in width, to be constructed or repaired, under the
terms and provisions of Ordinance No. 43, Series of 1955, as Amended.
In cases where the space between a curb line and a set-back sidewalk in a residential
district is eighteen (18) inches or more in width, the owner or occupant of the abutting
property may, at his own option, fill such space with coarse gravel, cruabed stone or sim-
ilar material to a depth of not less than two (2) inches, sucb material to be approved by
the City Engineer, and the maximum size of which will pass through a standard one (1) inch
screen. Such material shall be continually maintained by the owner or occupant in a plane
with the top of the curb and the surface of the sidewalk.
Section 2. The City Council hereby finds, determines and declares this ordinance is neces-
sary for the t .. ediate preservation of the public peace, health, safety and convent .. ce.
Section 3. In the opinion of the City Council an emergency exists; therefore, this ordin-
ance shall tike effect and be in force from and after its final passage and putilication.
Passed on First Reading by the City Council of the City of Englewood, Colorado, this 5 day
of Ausuat, A. D. 1957, and ordered published in the Englewood Herald and Enterprise.
llayor
ATTBST:
Ci~y CJ.erk
• • • • • • • • • • • • •
Councilman Braun moved )
Parker seconded ) that the above ordinance just read be passed on first read-
ing and ordered published in the Bnslewood Herald and Enter-
prise.
AYBS: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
RAYS: Rone.
ABSBIT: Kone.
• • • • • • • • • • • • •
The following bill for an ordinance was presented and read in full:
A BILL
POR AR ORDIKAEB APPROVING THE ANXBXATIOlf OF THE PROPERTY HBRBIKAFTBR DBSCRIBBD, TO TBB CITY OF
llGLDOOD, COLORADO, A1'D AlflfBXIlfG SAID DBSCRIBBD PROPERTY TO TBB CITY OF BlfGLBWOOD, COLORADO,
TO-WIT: ALL THAT PORTIOR OF SECTION 10, TOWJllHIP 5 SOUTH, RARGI 88 WIST OP THI SIXTH PRIEIPAL
mlDID, ARAPAllOB COUtn'Y, COLORADO, COXTAIKBD WITHIN THE FOLLOWI1'G DBBCRIBBD BOU1'DARIB8: BBGIX-
KillG AT A POilft' OR TBB CD'rBR LIMB OF SOUTH BROADWAY WHBRB SAID csma LID OF SOUTH BROADWAY
llft'Bll81CTS WITllTBB CBlft'BR LINE OF WEST CHBRANGO AVEXUB BXTB1'DBD; TDa!I SOUTllBRLY AL01'G THE
CDTD LID OP SOOTH BROADWAY TO THE POIM'I' OF INTBRSIX:TIOR WITH TB& CDTBR LID OP RJll.IJNIBW
AVKlnm; Tlllll:& WBSTBRLY ALORG THB CUTER LINE OF WEST BBLLBVIBW AVmnJB TO TBB POllft' 0-. llTBRSBC-
TIOB WITH TD CDTIR LIMB OF SOUTH BAlflfOCK STRBEI', BXTDDBD; TllBJl:B llORTBBRLY ALOKG TBB CDTBR
LID OP SOUTB BADOCK STUBT TO THE POIXT OF INTBRSBCTIOlf WITH TU CDTBR LID OP WBST GRilD
AVDUI UTDDSD; TllB.:B BASTBRLY ALOKG THE CEM'l'ER LIKE OF WEST GRA1'D AVDUB AS BXTDDJa>, TO THE
POllT OP llTDSll:TIOK WITH THE CUTER LIMB OF AOUTH ACOllA STRUT BXTDDID; TBB.:B lfORTllDLY AL-
OE TD CDTBR LID OP SOOTH ACOllA ITRllT Alfi> SOUTH .ACOllA STRUT IXTllDBD TO TBB POllT OF IITBR-
SICTIOK WITH TBB CDTIR LIKE OF WEST CHBKAMGO AVBXUE; ma.:s BASTBRLY ALORG TBB CDTBR LID OF
WSST CBDAlfGO AVBllUS Alm WBST CRBlfAMGO AVBJruE EXTEMDBD TO THB POl1'T OP BBGIDIKG.
Bl IT ORDAIDD BY TBB CITY cou.:IL OF THE CITY OF BMGLDOOD, COLORADO:
Section 1. That written petition was properly filed in accordance with statute w1th the
CitJ Council of the City of Bnslewood, Colorado, proposing the annexation to said City of Engle-
wood, of the hereinafter described land, situate in the County of Arapaboe, State of Colorado,
to-wit:
All that portion of Section 10, Township 5 South, Range 88 West of the Sixth
Principal Meridian, Arapahoe County, Colorado, contained within the following
described boundaries:
Be1innin1 at a point on the center line of South BroadwaJ where said center
line of South Broadway intersects with the center line of We•t Chenan10 Avenue
Extended; thence Southerly along the center line of South Broadway to the point
of inter•ection witb tbe center line of Belleview Avenue; thence w .. terlJ alone
the center line of West Belleview Avenue to the point of intersection with tbe
center line of South Bannock Street, extended; thence Northerly along the center
line of South Bannock Street to the point of intersection with the center line
of West Grand Avenue extended; thence Easterly along the center line of We•t Grand
Avenue aa extended, to the point of intersection with the center line of South
Acoaa Street extended; thence Northerly along the center line of South Acoma
Street and South Acoma Street extended to the point of intersection with the
center line of lest Chenango Avenue; thence Easterly along the center line of
West Chenango Avenue and West Chenango Avenue extended to the point of be1in-
ning.
Section 2. That said petition was signed by the owners of more than fifty percent (5()1)
of the area of such territory, who also comprised a majority of the landowners 'residing in the
said territory at the time the petition was filed.
Section 3. That said petition was in all respects in confqrmity with the provisions of
Article 11, Chapter 139, Colorado Revised Statutes 1953, as Amended; that said petition was fav-
orably considered by the City Council of the said City of Englewood, constituting the le1is-
lative body of the municipality to which said territory is proposed to be annexed; tbat notice
of the substance of the petition, the date if signing, the number of persons signing, a des-
cription of the territory included in the proposed annexation, and a statement that landowners
of the area may express their opposition to the annexation and secure an election by complying
with the provisions of Section 139-11-4, Colorado Revised Statutes 1953, was published pursuant
to statute.
Section 4. That said hereinabove described parcel or parcels of property be, and they here-
by are, declared annexed to the City of Englewood, Colorado, and are hereby made a part of the
said City, pursuant to the provisions of Article 11, Chapter 139, Colorado Revised Statutes 1953,
as Allended.
I
Section 5. The City Council hereby finds, determines and declares this ordinance is neces-I
sary for the t ... diate preservation of the public peace, health, safety and convenience.
Section 6. In the opinion of the City Council an eaergency exists; therefore, this ordin-
ance shall tiie 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 August, A. D. 1957, and ordered published in the Englewood Herald and Enterprise.
ATTEST:
City Clerk
Councilman McCabe moved )
Parker seconded )
llayor
• • • • • • • • • • • • •
that the above ordinance just read be passed on first reading
and ordered published in the Englewood Herald and Enterprise.
AYES:
NAYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell .•
None.
ABSENT: None.
• • • • • • • • • • • • •
The State Highway Department presented a contract for the pavin1 of South Broaclwa1 fro•
Quincy to Belleview and asked that the agreement be by resolution and ordinance.
Councilman McCabe .-ved )
Robbins seconded ) that the City Attorney prepare the resolution and ordinance.
AYES: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
KAYS : Kone.
ABSEMT: None.
Councilman McLellan moved )
Robbins seconded )
• • • • • • • • • • • • •
that Mr. Marvin Foote, Attorney, be designated to act as
Police Magistrate in the absence of llr. Swearingen.
AYES:
KAYS:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
None.
ABSEMT: None.
• • • • • • • • • • • • •
Mr. Joseph Esch, City Attorney, gave a report on the proposed Barris Act in Con1ress on
natural gas re .. lation.
Councilman Brownewell moved )
Braun seconded ) that the Senators and Representatives should receive letters
signed by the Mayor requesting defeat of the bill.
AYES: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
NAYS: None. ABSENT: None.
• • • • • • • • • • • • •
I
I
Councilman Braun moved )
Rapp seconded ) that two specific cases and others in violation of tbe Zoning
Ordinance be referred to the City Attorney for prosecution.
AYBS:
KAYS:
ABSBllT:
. . . . ~
Br~un, Brownewell, McCabe, .Mc~ellaQ, Parker, Rapp, Robbins, Scott and :Purcell.
1fone.
1fone.
• • • • • • • • • • • • •
llr. Rudd presented an agree98nt between the City of Englewood and Cberry Hills Village for
tbe maintenance of South Clarkson Street from Jefferson Avenue to Belleview Avenue whereby tbe
CitJ would receive tbe Highway Users Tax distribution from the State and maintain tbe street.
Councilaan Parker 110ved )
AYES:
1fAYS:
ABSBllT:
McLellan seconded ) that the City enter into the agreement with Cherry Hills
Village and that the Mayor be authorized to sign.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
1fone.
1fone.
• • • • • • • • • • • • •
495
Tbe City Manager aaked Council for permission to contact tbe Martin Company in regard to tbe
re11aval of buildings on the Atchison Ranch.
Councilman Parker moved )
McLellan seconded ) that the Manager be •uthorized to contact tbe Martin Com-
pany.
AYBS: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
1fAYS: 1fone.
ABS&1'1':1fone.
• • • • • • • • • • • • •
Tbe City Manager read a preliminary report from Dale Rea suggesting a 12" water main
fro• Baapden to Dart11autb and an 8" main from Dartmouth to the General Iron Works.
• • • • • • • • • * • * *
Tb• CitJ Manager stated that an additional amount of funds would be needed to proceed
with tbe Blue-South Platte River Conservancy District •uit. (See Resolution dated June 18,
1956.) Council agreed tbat $4,000.00 should be made available.
• • • • • * * * * * * * *
Tbe City Manager presented a list of tentative changes in street names to conform with
I.C.R.P.C. plans. (Subaitted to all councilmen.)
Councilman Rapp 11aved )
AYBS:
1fAYS:
ABSmft':
Braun seconded ) that the City Attorney prepare the ordinance for tbe changes
in street names.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
1fone.
1fone.
• • • * * • * • • * * * •
Tbe City Manager stated tbat tbe tenants were moving out of tbe City-owned house at 2950
South Logan Street and asked for authority to rent or lease tbe property.
Councilman Rapp 11aved )
llcLellan seconded ) tbat the City Attorney prepare a lease on tbe basis of
$50.00 per month.
AYES: Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
1fAYS : 1fone.
ABSSllT: 1fone.
• * • • • * • * * * * * •
Tbe City Manager prepared and presented to the councilmen a written delineation of ·city
policy witb resard to tbe maintenance of natural drain courses, drain ditches, gutters and cul-
vert• or drain structures. (CaDY i• ~·•~'s=fiie.)·
Councilaan Rapp 110ved )
Robbins seconded ) that Items 1 through 6 as changed be adopted as a policy
by tbe City of Englewood.
Councilman Robbins lioved )
AYES:
1fAYS:
ABSBllT:
Rapp seconded ) to amend Item 5 to read effective January 1, 1958.
llcLellan, Rapp, Robbins, Scott and Purcell.
Braun, Brownewell, McCabe and Parker.
1fone.
Councilman Parker moved )
AYES:
1fAYS:
ABSBllT:
Braun seconded ) that the motion as amended be tabled.
Braun, Brownewell, llcCabe, Parker and Scott.
llcLellan, Rapp, Robbins and Purcell.
1fone.
Tbe Mayor declared the motion tabled.
* * * * * * • * * * * * *
Councilaan Rapp 110ved )
Braun seconded ) that tbe approved bills as presented be paid.
General Fund, totaling ••••••••••••••••••••••••••••••••••••••••••••••
Water Fund, totaling••••••••••••••••••••••••••••••••••••••••••••••••
Sewqe Disposal, totalinK •••••••••••••••••••••••••••••••••••••••••••
Sewer Districts, totaling ••••••••••••••••••••••••••••••••••••••••.•••
$77,881.15
33,368.13
2,817.45
509.73
TO'l'AL -all funds •••••••••••••••••••••••••••••••••••••••••••••• $114,374.46
AYBS:
NAYS:
ABSBIT:
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Pf,lrcell.
None.
None.
• • • • • • • • • • • • •
Councilaan Rapp presented and there was read tbe following resolution:
RESOLUTION
1. In 1955, Englewood's Zoning Ordinance was approved by tbe City Council under .cbae
process by notification to the public and holding of public bearings.
2. Such Ordinance was drawn on tbe basis of "percentages of square footage ae related
between one zoning area and another".
3. This percentas• ratio was the result of a thorough study of land use by experts in ·
tbe professional field of zoning.
4. On approval, this Zoning Ordinance became an integral part of Englewood's llaster
Plan as provided by Colorado Statute.
I
5. The people, through their elected councilmen, did approve this Zoning Ordinance 1or,
a.:>ng several purposes, "the most appropriate use of land tbrougbout tbe CitJ", and
for said purposes to divide the City into zones of 9ucb number, shape, and area as I
aay be deemed best suited to carry out these zoning regulations.
It is noted that the term "highest and best use" of small parcels of land is
becoaing more and more prominent as a basic reason appearing in rezoning applications.
Zoning for the "highest and best use of a small parcel of land" is considered to be
"spot zoning". In no sense does the 1955 Zoning Ordinance provide for "spot zoning".
"Spot Zoning" is known to be the "cardinal" sin in zoning, and as such is tbe prime
factor in tbe reduction of land values and the neutralizing of zoning in general of
any city.
Council hereby endorses the following enumerated elements now considered as
reasonable requirements for each rezoning application by Englewood's Planning Commis~
sion:
1. Area: must consist of at least one (1) City block and be contiguous· to
like zoning classification.
2. Proof must be presented that there is a demand for and need of enlarging
the existing zoning areas.
3. There must be compliance with all the other usual elements wbicb tbe ord-
inance provides for as a part of every rezoning study and action.
Council11&11 Braun moved )
AYBS:
NAYS:
ABSBIT:
McLellan seconded ) that the Resolution covering tbe five (5) points re-
garding zoning be approved and adopted and ordered
placed in the minutes.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and .Purcell.
None.
None.
• • • • • • • • • • • • •
Council11&11 Braun moved )
AYBS:
RAYS:
AllDT:
Robbins seconded ) to adjourn.
Braun, Brownewell, McCabe, McLellan, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
Mone.
• • • • • • • • • • • • •
The ainutes of tbe meeting of the City Council of the City of Englewood, Colorado, held
this 5th day of August, A. D. 1957, stand approved as corrected this 3rd day of Septem-
ber, A. D. 1957.
---------------------------------------------Mayor
ATI'BST:
I
I