HomeMy WebLinkAbout1957-08-19 (Regular) Meeting MinutesREGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF ENGLEWOOD, COLORADO,
HELD MONDAY THE 19TH DAY OF AUGUST,
A. D. 1957
• • • • • • •
Ma1or Purcell called the meeting to order and the invocation was given by Councilman
Jack Robbi•.
The Mayor called for roll call:
PRBSBln': Braun, Brownewell, McCabe, Parker, Robbins, Scott and Purcell.
ABSEMT: McLellan and Rapp.
• • • • • • •
The City Mana•er read a report prepared by the City Engineer regarding drainage in the
4600 Block fro• Broadway to Bannock.
Mr. Ernest Howerton of 4651 South Acoma asked that a suitable drain be maintained between
Broadway and Bannock.
Council asked the City Manager to request tbe State Highway Department to place a · drain
.approxi .. tely 3 x 8 feet under Broadway and requested Mr. Howerton to get more information
regarding easements and to report back to the Council September 3rd.
• • • • • • •
Councilaan Rapp entered and was seated with the Council.
• • • • • • •
A letter was received and read from Mr. Leonard A. Johnson of 2948 So. Corona regarding
weeds on vacant lots in bis block.
Jlr. Rudd stated that Ordinance No. 2, Series of 1914, regarding weeds, was rather vague
and should be revised and brought up to date.
Councilaan Robbins moved )
AYES:
RAYS:
ABSBIT:
Brownewell seconded ) that the City Attorney re-write and revise the weed
ordinance to bring it up to date.
Braun, Brownewell,· McCabe, Parker, Rapp, Robbins, Scott and Purcell.
None.
llcLellan.
• • • • • • •
The following Ordinance was presented and read:
ORDINANCE NO. 25, SERIES OF 1957
Alf ORDIMAlfCE RBZOMIMG THE FOLLOWING DESCRIBED PROPERTY FROM R-1-D (RESIDBMTIAL) TO C-2
(BUSIKBSS) CLASSIFICATION, TO-WIT: BEGINNING AT A POINT 50 FEET EAST AMI> 193 FUT lfORTB OF
TBB SOULDWBST COIUfBR OF SICTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF TBB SIXTH PRllCIPAL
DRIDIO; 'l'llKEI NORTH 65.63 FllT; THENCE NORTHEASTERLY ALONG GREIDOOD PABDAY 202.19 FBBT;
TDICE SOUTH 208.14 FUT; THENCE WEST 145.0 FEET TO POINT OF BBGINlfIMG, ENGLEWOOD, ARAPAHOE
couwrt , COLORADO.
Councilaan Brownewell moved)
Parker seconded )
ORDIKAEI
m. 2s
that the Ordinance just read be introduced and passed on
second reading as Ordinance No. 25, Series of 1957, and
ordered published in the Englewood Herald and Enterprise.
AYBS:
MAYS:
ABSBlfr:
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
None.
llcLellan. . ,. . . . . .
The following Bill was presented and read in full:
A BILL
POR Alf ORDINANCE APPROVING AN AGREEllBMT WITH THE STATE HIGHWAY COllllISSION OF COLORADO FOR
TBB PURPOSI OF IllPROVIMG A PORTION OF STATE HIGHWAY NO. 87 WITHIN TBE CITY OF ENGLEWOOD,
COLOBADO, ARD AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGRBBllBIT
01' BBllAI.p OF THE CITY.
BB IT ORDAilfBD BY THE CITY CO~IL OF THE CITY OF ENGLEWOOD, COLORADO:
Section 1. The City Council of the City of Englewood, Colorado, berebJ approves the
hereinafter set forth agreement with the State Highway Commission of Colorado, and author-
izes and directs the Mayor and City Clerk to execute said agreement on behalf of the
CitJ:
A G R E E M E N T
us 0162(2)
South Broadway
Englewood
THIS AGRBBllBlrl', made this day of , A. D. 1957, by and between the
STATI HIGHWAY COllllISSION OF COLORADO, a body corporate, acting for the use and benefit of
tbe DBPARTllBlft' OF HIGHWAYS of the STATE OF COLORADO, hereinafter referred to as the "De-
part-nt", and the CITY OF ENGLEWOOD, hereinafter referred to as the "City";
WITMBSSBTH: that
WBBRBAS, under the authority of the laws of the United States and of the State of
Colorado, by and with the concurrence and approval of the United States Bureau of Public
Roads, certain Federal and State funds have been allocated for the purpose of iaproving
a portion of State Highway Mo. 87 which passes through the City, or what is known aa
South Broadway, said iaprovement bein1 known aa US 0182(2), the route and general plan
of such project being shown on .Exblbit "A" which is attached hereto and by reference in-
corporated as a part hereof, and
WBBRKAS, tbis portion of State Hi1hway Mo. 87 will, when completed, be a finiahed four-
lane street and highway with raised aedian, two lanes for parallel parking and provision
for left turns at intersections, and
WRBRBAS, the parties desire to agree upon certain construction and maintenance fea-
tures and upon traffic regulations to become effective after construction.
MOW, TllERBFORE, in consideration of the mutual covenants set forth hereinafter and
the faithful perforaance thereof, the parties agree as follows:
1. The Department will make all plans and specifications for tbe project deaignated
aa US 0182(2), South Broadway, and will let the contract for and supervise the construction
of tbe project, all with funds allocated by the Federal and State governments and without
expense to tbe City for such construction except as •et forth hereinafter. Tbe preliainary
plans as prepared by the Department are hereby accepted and approved by the City subject to
the right of either the Department or the City to correct minor discrepancies and 118.ke ainor
deviations in details provided that both parties are advised of such changes and agree there-
to.
2. The Department will, at its sole expense, obtain and clear all necessary privately
owned l .. d required for right of way. The City will secure all necessary right of way over
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lands owned by the City, or any other affiliated municipal subdivisions. In the event that I
it becomes necessary to acquire any of the land by exercising the governmental right of
eminent domain, such procedures will be handled by the Department.
3. Construction Details: The Department will construct the entire project at its
sole expense except for the following listed construction items to be performed by the City:
(a) The City shall install all necessary sanitary sewers serving city uaase.
The City will further construct any irrigation systems and install any land-
scaping which the City deairea to construct or install provided that written
approval is first obtained from the Department.
(b) All signs install'ed under the construction contract between the Departaent
and ita contractor shall not be changed by the City, and any new construction
sipia or si1nals are not to be erected by the City without prior written approval
of the Departaent.-
(c) If the City desires to have the Department or its contractor perform any of
the work which is the obligation and expense of the City hereunder, or aa agreed
hereafter, the City •J requ .. t aaU:l work .. to. be. done by . the ',Departaent or its con-
tractor and tbe City hereby a1rees to reimburse the Depart .. nt for any costs ex-
pended by the Depart .. nt therefor.
4. Traffic Regulation•: The plana for said project will '.provide for left-turn 110ve-
aents aa indicated on Exhibit "A" at tbe following intersections:
(a) Quincy Avenue
Radcliffe Avenue
Stanford Avenue
Tufts Avenue
Belleview Avenue
Union Avenue
Layton Avenue
Cbenan10 Avenue
West Grand Avenue
(b) The City will, by ordinance, prescribe a speed limit of 35 ailea per hour
alon1 South Broadway within the li•its of this project. Thia speed regulation
•1 be modified by the City provided that prior written approval is first of-
tained fro• the Depart .. nt.
5. Maintenance of the roadway proper and the structure except sidewalks an:l driveways
sball be the reaponsibility of the Departaent.
8. The City shall furnish to the Department certified copies of all ordinances enact-
ed by tbe City for the purpoae of carrJlng out the proviaiona of this Agreeaent.
7. This Asree .. nt •Y be modified at any time by the 11Utual consent of the parties
hereto aa ... y be neceaaary in order to coaplete the street and highway improvement.
8. Thia Agreeaent sball not be deeaed valid until it shall have been approved by the
Controller of the State of Colorado, or by such assistant as be may designate.
9. Thia Agree .. nt is executed under the authority of the laws in such cases made and
provided, and with reference to the signatories on behalf of the City by virtue of an or-
dinance duly paased on , A. D. 19 , and shall be binding upon and inure
to the benefit of the auccesaors and aaaigns of t1ii parties hereto.
II WITRBSS WBBRBOF, the partiea hereto have caused this Agreeaent to be executed on
tbe day and year first above written.
THE STATE HIGHWAY COIOIISSIOB OP C~RADO,
a body corporate, for the uae and bene-
fit of the DBPARTllB1'1' OP HIGHWAYS of
the STATB OP COLORADO
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ATl'BST:
By
--~~~~~-c-&~1-e-r.--ic•tre-r~k~~~~~~~~~ --~~~~~--.IL\Rl ...... --~u·.--1•1ntllbtJ.-i ..... 9--~~~~~~
Chief Adaini•trative Officer
ATl'BST:
Recorder of the -cny-or-· xna~ewaoa JIAYOR
of tbe City of Bn1lewood
(SBAL)
APPROVBD AS TO PORll:
DUKB W. DU1'BAR, Attorney General APPROVED:
By
~-------Di--pu__,,t_y __ A_t_t_o_r_n_e_y __ Gi __ n_e_r_a_l ________ ~ St-al:e-PUrcllu1.n1 qent
APPROVBD: APPROVED:
Stal:e Controller GOVBlmOR
of tbe State of Colorado
Section 2. Tbe City Council berebJ finds, deteraines and declare• tbis ordinance is
neceaaar1 for tbe i ... diate preservation of tbe public peace, bealtb, safety and convenience.
Section 3. In tbe opinion of tbe City Council an emergency exi•ta; therefore, this
ordinance aball take effect and be in force from and after its final .paaaase and publication.
Paaaed on Pirat Readin1 by tbe City Council of tbe City of Bn1lewood, Colorado, this
______ daJ of , A. D. 1957, and ordered published in the Bn1lewood Herald and
IDterpri••·
ATl'BST:
City Clerk
Councilll&D Robbin• 110ved )
McCabe •econded )
JlaJOr
that tbe Bill just read be approved and passed on first
readin1 and ordered published in the Bnglewood Herald and
Bnterprise.
AYD:
llAYS:
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Bone.
ABS&Jrl': llcLellan.
• • • • • • •
Tbe followin1 Reaolution waa presented and read in full:
RBSOLUTI01'
WBBRBAS, The State Bi1hway co .. iaaion of Colorado proposes to improve a portion of
State Bi1bwa1 Ro. 87, within tbe City of Bn1larood, Colorado, wbicb iaproveaent will include
tbe inatallation of curb, sutter and sidewalks; and
WJIXRBAS, tbe said State Highway Colllli••ion of Colorado and the City of Bn1lewood, Colo-
rado deaire to enter into an a1ree .. nt for tbe installation of said curb, gutter and side-
walk• by the State Bi1bway Colllli••ion of Colorado, and tbe payaent therefor by tbe City of
Bn1lewood, Colorado.
499
1'01', TllBRBPORB, BB IT RBSOLVBD by tbe City Council of tbe City of Bnglewood, Colorado,
thi• 19th day of Auguat, A. D. 1957, that tbe hereinafter set forth proposed agree .. nt between
tbe State Bi1bway Co .. i•aion of Colorado and tbe City of Bnglewood, Colorado, be, and is
hereby, approved and tbe llayor and City Clerk authorized and directed to execute said asree-
aent on behalf of tbe City.
A G R B B II B N T us 0162(2)
City of Bnglewood
THIS AGRBBllR1ft', aade tbia 25tb daJ of June, 1957, by and between TBB STATB BIGllWAY
C0 .. 188101' OF COLORADO, a body corporate, for the use and benefit of tbe DBPARTll8lft' OF
HIGHWAYS of tbe STATB OP COLORADO, hereinafter called tbe "Department", and tbe CITY OF
BBGLBWOOD, Arapahoe County, Colorado, hereinafter called tbe "City", WIT1'BSSBTB that
WBBRBAS, tbe Departaent baa budfeted an Urban Secondary Project, presentl1 desi1nated
aa us 0162(2), for tbe iaproveaent of s.e. Ro. 87, tbrou1b tbe City, tbe plans for which
project include curb, sutter and •idewalk• in tbe City at tbe City's expense, and
WllBRBAS, tbe CitJ baa requeated tbat the Department install said curb, gutter and
sidewalk• at the expenae of the City as a part of the Departaent project, and
DUBAS, the Depart .. nt is asrMable to havin1 its Contracto~ inatall the curb, .. gutter
and sidewalks for the reaaon that it will not inconvenience the Department and will .... terial-
1, benefit tbe CitJ and tbe Departaent.
MOW, TBBRBPORB, in consideration of the premises and of tbe mutual covenants and agree-
.. nt• herein contained, and the faithful pertoraance thereof, the parties hereto agree as
followa:
1. Tbe Departaent will cause to be installed between approxiaatel~ Enfineer'a Station
O+OO and approxiaately Engineer's Station 54+00 tbe curb, gutter and aidewa k structures as
apecified ln tbe project construction plans.
2. The coat of tbe Depart•ent's operation as set forth in Paragraph 1 hereof is eati-
.ated at $30,000.00; however, tbe City shall pay tbe Department on tbe basis of the actual coat
of said installation which may be more or less than the estimate. The City hereby asreea to
pay the actual coat of tbe installation of the curb, gutter and sidewalks upon coapletion of
the work and receipt of proper billing from the Department.
3. Tbe City shall pay the Department on the basis of the above billing, in twelve con-
aecutive equal pay .. nta, payments to be aade each three months, until fully paid. In the 1·
event the City should fail to make any such payment, the Departaent ia .. authorized to request
tranafer of the City's share of all "Highway Users Tax Fund" moniea (Sec. 12, Art, 8, Chap.
llO, C.R.S. 1953) toward payment of this account.
4. Tbia Agreement shall be binding upon and inure to the benefit of the successors and
aaaigna of tbe parties hereto respectively.
5. Tbia Agreeaent shall not be deemed valid until it shall have been approved by tbe
Controller of the State of Colorado, or by such assistant as be aaay designate.
6. Thia Agree11ent is executed under authority of Section 6, Article 2, Chapter 120,
C.R.S. 1953, and with reference to tbe signatories on behalf of tbe City by virtue of a
reaolution paaaed at a aeeting of tbe City Council held on , 1957, a certi-
fied copy of which is attached hereto.
IR WITlfBSS WllBRBOF, the parties hereto have caused the foregoing Asree .. nt to be ezeouted
the day and date first above written.
ATTBBT:
cn1er Cl.erk
A'M'BST:
~eeoraer
of the City of Englewood
(SUL)
APPROVBD AS TO FORll:
DUKB w. DU1'BAR, Attorney General
By
THE STATE HIGHWAY COllMISSIOK OP COLORADO,
a body corporate, for tbe uae and benefit
of the DBPARTllDT OP BIOllWAYS Of tbe STATE or COLORADO
By -11AKK:--... u~.-w,.1·fi-0191v•a .... ,-cl'W!h ... l""!!e ... f-1~n"""'!c!"ll"""'!n"""'!ee~r""'"',-Di-----
Partment of Ricbwaya, and Chief Ad-
miniatrat i ve Officer, State -Highway
Commission.
JIAYOR
of tbe City of En,lewood
APPROVED:
-----oe~pu--.!t"""'!y--i~t ... t""'"'o-r .... n""'"'e"""'!y~oe--n""'"'e""'"'r~a~1....------~ StatenPiii'cnulng-Agent
APPROVBD: APPROVED:
State Control~er _ GOVBR1'0R
of tbe State of Colorado
Councilman Parker moved )
AYES:
NAYS:
AB8Km':
Brownewell seconded ) that the Resolution just read be approved and adopted
with the following correction "in twelve coneecutive
equal payMnta".
Braun, Brownewell, llcCabe, Parker, Rapp, Robbins, Scott. and Purcell.
lfone.
llc&ellan.
• • • • • • •
Tbe followinc Reaolution waa preaented and read in full:
RUOLtrrlOlf
WJISRSAS, Tbe Depart .. nt of Ricbwaya of the State of Colorado, and Tbe City of Englewood,
Colorado, are entering into an agreeMnt for the purpose of iaproving a portion of State
Bigbway llo. 87 wbicb paaaea tbrousb the City, known as South Broadway between Qalacy Avenue
and BeUeview Avenue; and
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properties along aaid street to be improved do not now have curb, 1-·· ·
which auat be inatalled as a part of tbe iaprovement of said street;
WJOCRSAS, Ordinance lfo. 43, Serie• of 1955, Ordinance No. 13, Series of 1951, and otber
applicable ordinances and regulationa of the City of Englewood, Colorado, provide for tbe ll&k-
lns of .aucb iaprove .. nta at the expenae of the owner of tbe abutting propertiea, and .. tboda of
notice and aaae•••nt therefor.
1'01', ~RI:, B• IT R•SOLVKD by the City Council of the City of Englewood, Colorado,
tbia 19th clay of AUl\Ult, 1957, that all owners of property on South Broadway between Quincy
Avenue and Belle•i .. AYenue wbo ha~• not p.royided curb, gutter and aidewalka aball be noti-
fied by the proper official• of tbe CitJ to do so at once in conformity with the applicable
ordinances and with variance• now 1ranted, auch notice to contain information as to contract,
conatruction and probable pric .. for aa .. , and also auggestin1 that inadequate water service
conaeotiona be replaced at once, that conteaplated new services be provided and that any other
illllinent connections to utilitiea be aade before paving is laid.
BB IT PURTRBR RBSOLVBD that the aforeaaid notice be given in conforaitJ witb the ordinances
of tbe City of Bn1lewood, and that in the event such improveaents are not aade bJ the owner or
owner• of the abutting property, tbe aaid iaprovements shall be coapleted pursuant to tbe agree-
aent of tbe City of Englewood with the Departaent of Highways of the State of Colorado, and
tbat tbe coat thereof be aaaeaaed againat the owner or owners of tbe adjacent or abutting pro-
pertJ.
Councilaan Scott moved )
AYBS:
KAYS:
Parker seconded ) that tbe resolution just read be approved and adopted.
Braun, Brownewell, llcCabe, Parker, Rapp, Robbins, Scott and Purcell.
Kone.
ABSBllT: llcLellan.
• • • • • • •
Tbe following Bill for an Ordinance waa presented and read in full:
A BILL
JOB il ORDIKAJCB AllBNDING ORDIKAKCB KO. 45, SBRIBS OF 1955, OP THI ORDilfAJfCES OP THI CITY OP
KJllGLDOOD, COLORADO, BllTITLBD "ZOKIKG ORDIRAICE OF THB CITY OP BRGLBWOOD" TO EXTBIU> TBB TillB
JOB RmISTRATIOR OF 1'0X~Olfl'ORllI1'G USBS TO JULY 1, 1958.
U IT ORDAIKBD BY TBB CITY COUNCIL 01' TBB CITY OF BNGLDOOD, COLORADO:
Section l. Subaection 1 of Section 2 of Article V of Ordinance No. 45, Series of 1955,
i• bere61 &11ended bJ adding thereto Section d, which shall read as follows:
Tbe tiae for registerin1 non-conforaing uses under the terms of this ordinance,
as provided in Section l(b) above is herebJ extended to Jul1 1, 1958.
Section 2. Subsection 6(f) of Article V of Ordinance No. 45, Series of 1955, is hereby
amended to read as follows:
(f) Failure to register a non-conforming use in the manner and within tbe time,
plus two additional years, aa required by this ordinance. ~
Section 3. All ordinances and parts of ordinances in conflict herewith are berebJ re-
pealed.
Section 4. Tbe City Council herebJ finds, deteraines and declare• this ordinance is
neceaaar1 for tbe i..ediate preservation of the public peace, health, safety and convenience.
Section 5. In the opinion of tbe City Council an emergency exiata; therefore, this or-
dinance •ball take effect and be in force from and after its final passage and publication.
Paaaed on First Reading by the City Council of the City of En1lewood, Colorado, this 19 dar-of August, A. D. 1957, and ordered published in the Englewood Herald and Enterprise.
ATTBST:
crt y-Cl.erll:
Councilaan Scott WM>ved )
llcCabe seconded )
ll&yor
tbat the Bill for an Ordinance just read be approved and
paaaed on first reading and ordered published in the
Bn1lewood Herald and Enterprise.
AYBS:
KAYS:
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
None.
ABSBllT: llcLellan.
• • • • • • •
Tbe following Bill for an Ordinance was presented and read in full:
A BILL
FOR Alf ORDINAICE CBAlfGING THE NAllBS OP CERTAIN STREETS WITHIN THE CITY OF DGLBWOOD, COLORADO.
WlllRBAS, the City Council of the City of Englewood, Colorado, is of the opinion, and here-
bJ finds, deteraines and declares that it is for the best interests of the putlic and in tbe
interests of the public safety and welfare that the various streets, avenues, ways and public
bigbwa1a within the said City be as uniformly named as possible; and
WllmlBAS, it appears to tbe City Council that certain streets, avenues, ways and public
bi1bwa1a are not uniformly na .. d and do not conform with tbe general system of street naaes
within the City.
lfOW, TllBRBPORB, BB IT ORDAIKBD BY THE CITY COUNCIL OF THE CITY 01'.DGLBWOOD, COLORADO:
Section 1. The naae of each and every street, avenue, way or public highway within the
CitJ of Bnslewood, Colorado, hereinafter set forth under tbe heading "Present N ... or Descrip-
tion" in tbe hereinafter left band coluan i• hereby changed to the "New Raae" set forth op-
posite each said street, avenue, way or public highway in the hereinafter right band coluan.
PRDDT XAllB OR DBSCRIPl'IOK ND NAiii
ZR>Un --.i-une cour~ Soutb Jaaon Court
w .. t Radcliff Avenue fro• South Kala .. th Street to South
Lipan Street
Baat or Weat Dartamouth Avenue fro• Santa Fe Drive to
South University Boulevard
Bates Parkway fro• South Downin1 Street around to
Bast Allberat Avenue
Bates Parkway fro• Baat Bates Avenue around to
South Franklin Street
Bates Parkway fro• South Ogden Street to South
Downin& Street
Cherry Lane
Dartmouth Circle
Dartmouth Place
Floyd Place
Lafayette Drive
Cornell Cirole
Arapahoe Place
Street South of Charle• HaJ School fro• South Downing
Street to South Lafayette Street
Street Borth of Charles Ray School fro• South Downing
Street to South Lafayette Street
Linwale Place
Greenwood Parkway fro• South Broadway to South Bannock
Street
Greenwood Parkway from South Bannock Street to South
l'ox Street
Greenwood Parkway froa West Floyd Avenue to Exten-
sion of South Buron Street
Ba.at and West Roadway near awiaain1 pool fro• South
Blati Street to old .Greenwood Parkway .
Circle in 3400 block on South Cherokee Street
Greenwood Parkway fro• Weat llaapden Avenue to new
City Park Drive
Present Mo. 70 Highway fro• South Cherokee Street
to South Broadway
Brickson Paakway from South Sherman Street to South
Clarkson Street
Belisle Drive from West Tufts Avenue to West
La1ton Avenue
Whittaker Lane
Topeka Court fro• West OZford Avenue
Korth to Lip&D-ll&riposa alley
Brown Road fro• West Quincy Avenue South to West Stan-
ford Avenue extended (City Limits)
That part of Colaan Drive adjacent to Denver City Ditch
That part of Colaan Drive runnin1 North and South
That part of West Stanford Place runnin1 North and South
Street along West side of Maddox School from West Mansfield
Avenue to West Lehigh Avenue
Sbort atreet now connecting the two legs of present
Bates Parkway
West Radcliff Place
East or West Dart110uth Avenue
East Aaberst Drive
Bast Bate• D1·ive
East £11berst Place
South Clarkson Circle
East Dartmouth Circle
East Dart110uth Place
East Floyd Place
South Lafayette Drive
East Cornell Circle
East Cornell Place
East Bastaan Aven•e
.
East Eastman Place
East Yale Place
West Greenwood Avenue ~
West Floyd Avenue
City Park -Drive
City Park Place
South Cherokee Circle
South Buron Street
.
West Biallway Place
East Jackson Drive
South Mariposa Drive
South Inca Drive
South Navajo Court
South Pecos Lane
West Stanford Cirole
South Inca Street
South Kalamath Street
South Huron Street
South Lafayette Court
Section 2. In the opinion of the City Council an emergency exists; there«ere,thi•
or~iD&DCe shall take effect and be in force from and after its final passage and publica-
tion.
Passed on First Reading by the City Council of the City of Englewood, Colorado, tbi•
19 day of August, A. D. 1957, and ordered published in the Englewood Herald and BDterpri ...
ATTBST: Iayor
c-1-iyc lerk
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Council11&11 Braun moved )
AYIS:
KAYS:
ABSBIT:
Parker seconded ) that the Bill just read be approved and passed on first
reading and ordered published in tbe Englewood Herald and
Enterprise. ·
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Kone.
llcLellan.
• • • • • • •
Tbe following Bill was presented and read in full:
A BILL
JOB AK OBDIRAlfCB TO PROVIDE FOR THE CONSTRUCTION AND REGULATION OF PRIVATB SWllDIING POOLS
A1'D OTllD SUCH FACILITIES IN THE CITY OF ENGLEWOOD, COLORADO.
BS IT OBDAllfBD BY THE CITY COUNCIL OF THE CITY OF ENGLEIOOD, COLORADO:
Section 1. Tbe words, terms or phrases listed below, for the purpose of this ordinance,
ahall bi defined as followa:
Private Swimming Pools: Any artificially constructed pool designed, used and maintained
for awlildng purposes by an individual for use by bis household and guests and located on a
lot as an accessory use to a residence. The term "artificially constructed pool" shall mean
a pool coaposed entirely of artificial construction.
Wading Pool: Any artificially constructed pool, not designed or used for swi .. ing, with
a 11aalmua area of one hundred and twenty (120) square feet and a maximum water depth of twen-
ty-four (24) inches.
"Local Board of Health" and "Board of Health" shall be d•-d to refer to the Tri-County
Diatrict Health Department and "Health O'flicer" shall be deemed to refer to tbe appropriate
officer of aaid depart98nt until such time as such a board and officers thereof 11&J be es-
tablished in tbe City of Englewood.
Section 2. It shall be unlawful to construct or establish a Private Swi .. ing Pool or
Wadins POOi as herein defined without having obtained a permit therefor in the 11&DDer here-
inafter prescribed.
Section 3. Peraita: Application for tbe construction and maintenance of a private swi•-
lliDS pool or wading pool shall be made to the Building Inspector by the owner of the property
and by tbe contractor who will construct said swimming pool. Tbe application sball be accoa-
paaiecl by duplicate sets of plans, specifications and plot plane of the property. Tbe plot
plan aball show tbe accurate location of the proposed swimming pool on the property, together
witb any proposed bath houses or cabanas. The plot plan shall also abow the location, height
and type of all existing fencing or walls on the boundary linea of the property,. together with
the type and height of such fencing or enclosure as may be requir8d by Section 11 of tbia
Ordinance to prevent, within reason, any person from gaining acceaa beneath, over, or through
aaid fence when tbe pool is unguarded or unattended. A fee of Twenty Dollars ($20) •ball
be paid to the City of Englewood for such private swimming pool perait, wbicb perait fee
aball be exclusive of tbe permit fee required for erection of any accessory structure to be
uaed in connection witb such swi .. ing pool. A fee of Ten Dollars ($10) shall be paid to tbe
City for a Wading Pool permit as defined herein. No permit for a private awi .. ing pool or
wadinc pool shall be issued by the Building Inspector until tbe plane, specifications and
plot plan bave been approved by tbe Health Officer and by the City Engineer of tbe City of
Bnglewood, and aucb approval bas been properly certified on tbe plans. Such approval must
be directly obtained fro• the Health Officer by the applicant.
Section 4. Construction and Maintenance: All material used in the construction of
artificial private awl .. In1 pools and wading pools as herein defined shall be waterproof
and easilJ cleaned. Construction and design of said pools shall be such that aaae may be so
aaintained and operated as to be clean and sanitary at all times. Tbe owners of every pri-
vate awilllling pool sball be responsible to maintain said pool in such condition aa to er•-•••t break• ia t~e pooJ chassis or water from the pool overflowing into adjacent public or
private property.
Section 5. Water Suppl~: There shall be no physical connection between a potable
public or private water supp y system and such private swimming pools or wading pools.
Section 6. Discharge srstem: All private swimming pools hereafter constructed with-
in tbe cltJ of Englewood sba 1 bi provided with one drainage outlet not in excess of three
(3) inch•• in dia98ter extending froa aaid pool to either a brook, storm sewer or lawn
aprinklins •J•tea in the prelliaes on wbicb said private pool is located. Tbe discharge of
water froa aucb private swi .. ing pool• into a brook or storm sewer sball be permitted only
followin1 approval by the proper State, County and City officials, as each case requires.
Ko private pool drain shall be connected into the City's sanitary •ewer systea. The City
BDsineer or bis desisnated employee, aball inspect the premises on wbicb sucb pool is plan-
ned to be constructed in order to deteraine tbe proper place and type of connection witb
the drainase aystea. Approval shall not be given to discharge such water at the curb or
upon tbe surface of any street.
Section 7. Disinfection: All private swimming pools sball be treated witb chlorine
or it• coapounds In sultlclent quantity so that there will be present in the water at all
ti-when the pool i• in use, a residual of excess chlorine of net leas than 0.20 .. parts per
llillion of available tree chlorine.
Section 8. Bacteriolo1ical Standards: Not more than 2()1 .ot the saaples of .water taken
froa &DJ private awliiln1 pool, when more than twenty saaples have been exaained, and not
aor• than tbree saaples, when le•• than twenty aaaples have been examined, shall contain
aore than two hundred bacteria per cubic centimeter or shall show positive test (confir .. d)
tor colifora in &DJ of five, ten cubic centiaeter portions of water at times when tbe pool
ia in uae. For tbe purpoae of this section, any number of saaplings of water on a single
daJ aball be conaidered aa one aaaple. Tbe Local Board of Health is hereby authorized to
take aaaples to inaure coapliance with these requireaents.
Section 9. Accessory Buildin1s: Locker rooms, bath houses, cabanas, shower roo .. ,
toilets, runway& and all other physical facilities or equipment incident to tbe operation
of &DJ private awi .. in1 pool shall be kept in a sanitary condition at all ti .. a.
Section 10. Location: Every private swimming pool or wading pool shall be located
within the rear one third of the owner's premises, and not less than ten (10) feet from
tbe rear and side property lines.
Section 11. Fencinl: All private awiDUDing pools now existing or hereafter construct-
ed or lnata1ied within t e City of Englewood which are located two hundred (200) feet or
lea• fro• any property line of the lot or plot upon which the saae is situated, shall be 1.
encloaed by a substantial fence not less than five (5) feet in hei1ht which shall also be in
accordance witb the provisions relating to fences under the relevant section of "TBB BUILD-
ING CODB OF THE CITY OF BNGLDOOD". Said fence shall be so constructed as to prevent, wil.tb-
in reaaon, any pereon fro• 1ainin1 access beneath, over or throu1h said fences aid which
aball have sillilarly substantial 1ates or doors of the same height as the fence, with facil-
i tiea for locking said 1ates or doors at all times when the pool is unsuarded, unattended,
or not in actual uae. A si1n of not more than three (3) square feet in area, readin1
"Private--llo Adllittance" can, at the discretion of tm owner, be placed on the outaide of
any such 1ates or doors leadin1 into such private swiDUDing pool. No provision contained within
tbi• section, however, shall be applicable where a private swiDUDiDI pool now existin1 or here-
after constructed is located on a plot not less than two hundred (200) feet fro• the front
property line, and where there is present on the side and rear property lines walls or fencing
the hei1ht of which shall confora with the provisions relating to fences under the relevant
section of "The Building Code of the City of Englewood" and which shall be constructed to
prevent within reason any person fro• gaining access beneath, over or throu1h said fencing.
Section 12. Ligbtin1. Mo artificial lighting shall be maintained or operated in con-
nection with private swliiiiin1 pools in such a manner as to be a nuisance or an &DDOJ&nce to
nei1hborin1 properties.
Section 13. Ap~als. Appeals from the decision of the Building Inspector may be .. de
to tbe ZOnln1 BOard () ldjustaent in the manner provided in the "Zoning Ordinance of the
City of Bn1lewood".
Section 14. Enforceaent. Every private swimming pool or wading pool as defined here-I
in constructed, or to bi constructed in the City of Englewood, shall at all times c~aply
with tbe require .. nts of the Local Board of Health. Any nuisance, or hazard to safety or
health which aay exist or develop in or in consequence of or in connection with &DJ such
swillllin1 pool, shall be abated and removed by the owner, lessee or occupant of tbe prea-
isea on which the pool is located within ten (10) days of receipt of notice fro• the Police
Depart .. nt, Board of Health, or other appropriate agency of the City of Englewood.
Section 15. Penaltl: Any person who violates this ordinance, or any part thereof,
shall, upon convictlon,orfeit and pay a fine not exceeding Three Hundred Dollars($300),
or be imprisoned for a term not ezceedin1 ninety (90) days, for each and every offense.
Bach and every day during which such offense continues shall be considered a separate
offense.
Section 16. The City of Englewood may, in its discretion, proceed against any vio.la-
tion or violator of this Ordinance by abatement, injunction, or other appropriate civil
action, which reaedies shall be additional and cumulative to the penalties in Section 15.
Section 17. If any section, subsection, sentence, clause or phrase of this ordinance
is for &DJ reason held to be unconstitutional or invalid, such decision shall not affect
the remaining portions of thi• ordinance.
Section 18. The City Council hereby finds, determines, and declares that tbi• or-
dinance ls necessary for the i ... diate preservation of public peace, health, safety and
convenience.
Section 10. In the opinion of the City Couneil an e11r1ency 1111t1: therefore, tb11
ordinance shall take effect and be in force from and after its final passage and publica-
tion.
Passed on first readin1 b1 the City Council of the City of En1lewood, Colorado, tbis
19 day of August, A. D. 1957 and ordered published in the En1lewood Herald and Enterprise.
Iayor
ATTEST:
Cl. ty-Cl.erli
Councilman Rapp aoved )
AYBS:
MAYS:
ABSB1"T:
Braun aeconded ) that the Bill just read be approved and passed on first
reading and ordered published in tbe Bn1lewood Herald
and Enterprise.
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott alll Purcell.
Mone.
llcLellan.
• • • • • • •
llr. Rudd stated that the City's share, $7272.50, for the purcba.e of propertJ at 3740
South Logan Street (Clar, Strauae, et al) should be placed in a au•ptnse account or special
account until such ti .. as directed by the Manager to pay aa .. to desi1nated parties.
I
I
Councilaan Parker moved )
Rapp seconded ) that tbe transfer be made to J. L. Barron, City Treasurer,
City's share of payment for prealaes at 3740 South Logan,
(Clar, Strauss et al) contract price $14,545.00, City and
school to share equally. City Treasurer to bold $7272.50
in bis suspense account or special account until sucb time
as directed by the City Manager to pay saae to designated
parties.
AYBS:
KAYS:
ABSB1'1':
Braun, Brownewell, McCabe, Parker, Rapp, Robbins and Purcell.
Scott.
llcLellan.
• • • • • • •
Councilman Scott moved )
Rapp seconded ) that an appropriate Resolution coamending Attorney M. o.
Shivers, Jr., and Joseph Esch for their efforts and
success in tbe Blue River-South Platte Conservatory
District court proceedings be made. .
AYBS:
MAYS:
ABSBlft':
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
lfone.
llcLellan.
• • • • • • •
CitJ Attorney Joaepb Beeb stated that tbe miscellaneous offenses "Bill for an Ordinance"
should be studied and recoamended tbat it not be taken up at this time.
Councilaan Braun moved )
AYJal:
KAYS:
ABSBlft':
Robbins seconded ) to table and instruct the City Manager to place the Bill
on the agenda for Sept. 3, 1957.
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
llcLellan.
• • • • • • •
Tbe following Resolution was presented and read in full:
R B S 0 L U T I 0 M
BB IT RBSOLVBD BY THE CITY COUMCIL OF THE CITY OF BMGLDOOD, COLORADO:
That for the purpoae of paying for general benefits to be derived by the City of Bnglewood,
Colorado, fro• tbe conatruction of street improvements in Paving Districts lfo. 8 and lfo. 7,
there shall be set aside in a special fund from tbe amounts received by tbe City fro• tbe
bi1bway uaera tax revenue, $5,000 each year for a period of ten years for Paving District
lfo. 8 in aaid City and $2500 each year for a period of ten years for Paving District lfo. 7
in aaid City.
Said amounts shall be used for tbe purpose of paying any delinquencies in the pay .. nts of
tbe bonda iaaued for said Districts and interest thereon, the intention being tbat :all bonds
iaaued for said Districts and interest thereon shall be paid in full on or before ti. aaturi-
tiea of said bonds.
ADCl»TBD AXD APPROVED This 19th day of August, 1957.
( S B A L )
ATTBST:
(Biped) J. L. Barron
CI-it c-ierx
(Signed) Richard J. Purcell
llayor
Council.an Scott moved )
AYBS:
MAYS:
ABSDT:
Parker seconded ) that the Resolution just read be approved and adopted.
Braun, Br ownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
llcLellan.
• • • • • • •
Tbe City Manager transaitted to all councilmen a plan and procedure to set up and to
inatitute a "Staff Planner and Traffic Regulation Director" and tbe organizational changes
to aake the transition thereto.
Tbe Council accepted the plan and the Manager was instructed to proceed.
• • • • • • •
The City Manager presented a framework for a curb, gutter and sidewalk policy.
Councilaan Scott moved )
AYBS:
MAYS:
ABSBIT:
Parker seconded ) that the policy as set up by tbe City Manager be drafted
as a Resolution.
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
McLellan.
• • • • • • •
Tbe Mayor discussed the reaction of the public regarding the Civil Service Bill wbicb
was passed on first reading on August 5th and asked for comments from the Council. And after
lengthy discussion,
Councilman Scott moved )
Rapp seconded ) that the proposed Bill for an Ordinance be tabled for
further study and that the Mayor appoint a comaittee
of 5 leading citizens to assist with same.
AYBS:
MAYS:
ABSElfl':
McCabe, Rapp, Robbins, Scott and Purcell.
Braun, Brownewell and Parker.
McLellan.
• • • • • • •
Councilaan Parker 110ved )
Scott seconded ) that the committee beaded bf Mr. B. B. Wright be asked
to attend the regular session of Council Septeaber 3,
1957.
AYES:
MAYS:
ABSElfl':
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
llcLellan.
• • • • • • •
Councilaan Braun moved )
Rapp seconded ) that the motion on storm draina1e, tabled August 5, 1957,
be raised fro• the table.
AYBS:
MAYS:
ABSBlft':
Braun, McCabe and Rapp.
Brownewell, Parker, Robbins, Scott and Purcell.
llcLellan.
The Mayor declared the motion lost.
• • • • • • •
Councilman Scott moved )
AYBS:
MAYS:
ABSBMT:
McCabe seconded ) that it is the consensus of the City .Council of the
City of Englewood that we go on record as opposing
the Denver City incoae tax.
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
Mone.
llcLellan.
• • • • • • •
Councilaan Robbins moved )
AYES:
MAYS:
ASSERT:
Brownewell seconded ) to adjourn to Tuesday, September 3rd, at 8:00 P.M.
Braun, Brownewell, McCabe, Parker, Rapp, Robbins, Scott and Purcell.
None.
llcLellan.
• • • • • • •
I
I
The ainutes of the meeting of the City Council of the City of Englewood, Colorado, held I
this 19th day of August, A. D. 1957, stand approved as corrected this 3rd claJ of Sep-•
teaber, A. D. 1957.
Mayor