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Home My WebLink About1956-06-04 (Regular) Meeting MinutesI I I REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, HELD Ml~ Purcell called the •eting to ~AI 'mE Lth DAY OF JUNE A.D. 1956 Council.Mn Chalmne Parker gave the Insocatm n. Mayor Purcel l asked tor Roll Cal.l : PRESENTt Braun, McCabe, Nies, Parker, Purcell, Rapp, Scott and Woods. ABSENT t Mc Le llan ~:~*** Counc i lman Rapp, moved) Braun, •econded) Tha t the Minutes of the Meeting of May 7th and 21st be approved a s written. AIZS: Br aun, McC abe, Nies, Pa rker, Purc ell, Rapp , Scott ~nd Woods NAYS: None ABSENT: Mclel lan A**** Bids on tbe new .f1re station to be built at W. Bellview and S. Fox were opened, and the follow- ing bids were recei ftd: Britfie and lloorun Robert• Construction Co., Paul B. Branstine George H. Allen E. r. Matelich Const. Co. V. A. Buckllaater N. A. Adamson Gqlor-Higgina • 27,905 31,113 27,996 27,914 28,457 29,970 29,975 32,287 Councilman Parker, moved) Nies, seconded) That the bids be received and referred to the City Manager tor further study. AY&S: Braun, McCabe, Nies, Parker, Purcell, Rapp, Scott am Woods NAYS: None ABSENT : McLellan ****** Councilman McLellan entered and was seated with Council. ****** Mrs. T. O. Meara appeared before the Council stating she arxi her husband had purchased the Bussard Bus Lines in Englewood and asked what they should do in order to get the lranchie• changed to their name. Mrs. Mears was told that they should have their Attorney prepare an Ordinance for t.he franchise to be granted, and present it to the Council for approval, Mrs. Mears was presented with a copy of the former ordinance as a guide. ~!-***** Mr. P~bert. ~. Vanorsdel, 2740 s. 3he rman stated he re presented a number of residents in the 27 00 block 3outh She rman who wished to have the pa rkinG r e strictions removed from the new park i ng Ord i nanc e l s t hey we re not bothe r ed b y all d ay parklng, and it would be a hardship on the O\o.ne rs. i f-~!:~ ::· ~~ ~} * 'Ir . Pa rke r s L ~L ..:d the re sLh. ·:L:; i n t.he 3 200 block Sou th Li ncoln wanted two hour parking. Grant ~J illi e.ms of 3410 S . J her man s tu.Le d h .:; 110.s no pa r king a v :1..:i ~_:J :.( on his property and ·:o u.l d h ci V € to l ea.ve hi s car a olo ck :;01..:t.h if t:.h e r e s t rict ions we r e put on the block. Th e People we re told furt he r s t ud y woul d be mad e anJ .i.f i t was deemed advisable corrective meas ure s would be made later. ii-*->!-*** The map known a s Exhibit B of the Tri-County Trust Ag r eement was presented for approval. Council.roan Nies, moved ) McLellan, Se conded) That the map presented as l.!:xhibit B be approved and adopted. AYr..S: Braun, McCabe, McLellan, Nies, Parker, Purcell, Ravp, Scott and Woods. NA YS: None AB 3EIJ T: None *•rl-*-l ~~!--l ~ - ' Protests against Paving District No. 6 were heard: . A letter signed by Johnson A. Sarton , 44CXJ S. Huron, E. R. Davolt, 4494 S. Huron, Marvin Wohl, 4500 S. Huron was read asking to be excluded stating they did not feel they would benefit in proportion to the cost. A letter was read !rom Jill".~ Mrs. Uhlman asking that they be excluded because they feel their property would not benefit in proportion to the cost of the paving. Mr. Dawlt o! 4494 South Huron stated he owned 225 feet of low ground for which he would not be able to get a building penait and would like to have it excluded. They were informed that they were included in the District petitioned for and that the Council had no authority to exclude any pa rt or the property affected in the district; they were asked to get in con- tact with Talu~e and Talmage, legal Attorneys. ****** An application tor a liquor license was presented by Mr. H. W. Anderson and Mr. Charles H. Klein who wish to purchase the Glass Bottle Liquor Store at 3439 S. Broadway !roa Mrs. Martha Davis. Councilaan Parker, moved) Woods, Seconded) To receive the application, and that proper inTeatigation be made. AYES: Braun, McCabe,McLellan, Nies, Parker, Purcell, Rapp, Scott, and Woods. NAYS: None ABSENT: None ****** Mr. fta7 Ludwig representing the Englewood Lions Club presented an agreement ard Resolution tor the lease ot a tract ot land in the park for the miniature railroad. RESOLUTION WHEREAS, Englewood Lion's Club Sw1maing Pool, Inc., a corporation not for profit, of Englewood, Colorado, has, with the approval and permission ot the City of Englewood, erected and constructed a miniature railroad on land located in the City Park, and WHERBAS, said Englewood Lion's Club Swimming Pool, Inc., has agreed to operate and maintain said miniature railroad tor the amuse1111nt, benefit, recreation, am welfare of the citisens of the Cit7, without charge, expense, d•ag• or liability to the City, and for the purposes ot 8tid operation need a lease upon the ground or which said railroad is located. )l(lil TH&RiFORE, BE IT RESOLVU> by the City Council of the City ot Englewood, Colorado, that the Mayor and th• City Clerk of the Cit7 of Englewood be, and they are hereb7, authorised and directed to execute a ten (10) 7ear lease on behalf of the City with the Englewood Lion's Club Swbming Pool, Inc., or the ground upon which said miniature railroad is located. Said lease shall con- tain adequate provisions tor the indemnit7 and protection of the City ot Englet«>Od against 8D'T claiaa, d ... nda or liabilities of any nature whatsoever that as, arise out ot theoperation ot said recreation facility. Said lease shall further provide that the operation or said recreation tacillt7 shall be without cost to said City and shall be maintained and operated at the sol• ex- penae ot the Inglewood Lion'• Club Swiming Pool, Inc. Approved and adopted this 4th day-ot June, 1956. ATTEST: Richard J. Purcell Mayor J. L. Barron Cit7 Clerk Council.Mn Soott moftd KcLellan seconded; That the Resolution be approved aid adopted, subject to redrafting ot the lease and final approval ot the Lease b7 the Cit7 Council. AYES: Braun, McCabe, McLellan, Nies, Purcell, Rapp, Scott and Woode. llAIS : Parker ~T: llone ****** Tbe following Ordinance wu presented and read in tull, ORDINANCE N0. 3ERiiS OF 19_ Alf ORDIIWICE AMENDING ORDDIANCE NO. 45 SERIES OF 1955, KNOWN AS THE •ZONING ORDINAMCE OF mE CIT! OP EIGUXX>D, COLORADO,• TO DESIGNATE AND PERMIT FIRE STATIONS, POLICE STATIONS AND cm PUBLIC BUILDINGS AS A PRINCIPAL USE IN A.LL ZOHK DISTRICTS WITHIN THE CIT! OF ENQLll6 WOOD, COLORADO: AND REPE ALil«l ALL ORDINANCE IN CONFLICT HEREWITH. ·1 . I I I Councilaan Braun moved, McLellan seconded: That Ordinance No. Seri•• ot 19 just read •.t introduced and passed"on second reidiic aa Ordinance Ho. ll, Series or 1956, and ordered pabllahed in the Englewood Press. AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Wooda. NAYS: None ABSENT: None ****** The following Ordinance was presented and read in full. ORDINANCE NO. SERIES OF 19 -- All ORDINANCE AtrniORIZING ntE CI 'l'! OF' J!14GLEWOOD, COLORADO, TO SELL AND CONVEY TO ALBERT J. FD1ER THE FOLLCMING DESCRIBED PARCEL OF LAND; TO-WIT: BEGINNING AT THE NO~T CORNER OF LOT 23, BLOCK 1, BIRCH ADDITION TO 30tml BROADWAY HEIGHTS, IN THE CITY OF ENGLD«>OD, ARAPAH<Z COUHTY, COLORADO, THENCE NORTH 89° 41 ' EAST ALONG THE NOR'l11 LINE OF SAID LOT 23 A DISTAllCE OF 125 nBT TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE SOUTH o0 26 1 .30" WEST ALONG 1U EAST LID OF LOTS 23 AID 24 A DISTANCE OF 46.17 FEET: mENCE IN A NORTH W~TERLY DIRECTION ALOIG THE ARC OF A CURVE TO 'ftiE Rl GHT Wl'nl A RADIUS OF 849 FEET, A DISTANCE OF 18 .1 FEET, 'nm CHORD OF WHICH ARC BEARS NORTH 7<:1' 16 1 WEST A DISTANCE OF 18.1 FEET: THENCE NOR'ftl 7C'P .39' 30" WlmT A DISTAICE OF ll.3.9 FUT TO 'nlE WEST LINE OF SAID wr 2.3; THENCE NORTH <:P 26 1 .30" EAST ALONG THE WEST .LID OF SAID LOT 2.3 A IX STANCE OF 1.9.3 FEET TO THE POINT OF BEGINNING, AND FURTHER, AUTHORIZIIC THI MAICll C»I BEHALF OF SAID CIT!, TO EXECUTE A WARRANTY DEED FOR SAID PURPall. BE IT ORDUNm BY 'ftlE CI'l'f COONCIL OF 'ftlE CITr OF ENGLEWOOD, COLORADO: Ccnmcilaan Parker mYed, Braun seconded; That Ordinance No._Seriea ot 19_ juat read be introduced and passed on second reMing aa Ordinance No. 12 Series ot 1956, and ordered published in the Englewood Press. il&S: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods NAYS: None ABSEllT: None ****** The following BILL was presented and read in tull. A Bill For an Ordinance regulating and prohibiting the keeping or maintenance ot &JlT Yaults, closets, pride•• ceaapools, and septic t.anka located in M7 SanitaJ7 S.W.r Diet.riot. now or hereafter establlabecl and to compel owners ot an7 buildings located in aaid district• and on blocks abut- ting &DI' ••t.ablished sewer or within 400 teet. ot an7 established aew.r to connect w1th ·"1ch aewr; declaring all such ftUl.ta, cloa•t•, priri.•s, cesapools, and septic tanks a nuiaance; prorlding tor abat-..nt and prori.ding a penalt7 tor rlolationa thereof; and repe•Hnc Ordinance lo. I+ Seri•• ot 19.35, Ordinance 11, Seri•• ot 1950 and all other Ordinances and part.a ot Ordi- nances in connict herewith. WHIRIAS, there bu been eatabliahed and now i• in existence a sanitarr sever s7st• in the Cit7 ot Englewood; and WHKRUS, there han been kept. and •intained within the Cit7 or Englewood since th• establlab- •nt ot aaid sanit&17 aewerag• •1•t• certain Yaulta, closets. privies, cesspool•, and septic tank• located within Sanita17 Sewer District No. 1, South Englewood Sanitation District, and on blocks abutting or within 400 tMt ot established sewrs; and WHIRIAS, in the opinion ot th• Cit7 Council ot the Cit7 ot Englewood it is deemcl neceaa&17 tor the protection ot public health and aatet7 that the keeping and maint.aininc ot such Yaults, clo- set•, prides, cesspool•, and septic tanks be strictl7 regulated and eventuallJ eU•inated and prohibited. NOW, THERIFORE, BE IT ORDAIIED BY 'ftlE CITY COUNCIL OF THE CITY OF m;u.i.ooo, COLOIADO: /----- Mets.on l. All words and phrases herein shall be understood and construed accordiJlc to the approftd. · and cewon uNge ot the language; the technical M>rds and pbraaes, and such aa _,. haft acqaired a pecullar and appropriate •aiiins shall be construed and understood accordir:w to such peculiar and appropriate •aning. · S.ct.im 2. llo pipes, faucet.a, tanka, Yalna, or other fixtures b7 &Ill through which mpp}T ot vute water or sewage is used or carried shall be installed within th• Cit7 ot Eaglnood · except, in accordance with pl.ans which han been approved by the Building lnapector ot the aaid Cit1. and in accordmce with Ordinances ot th• said Cit7, and rules and regulations ot the State Depart.- .-it ot Health. 272 S.st.'• 1. That the Cit7 Council of the Cit;y of Englewood hereb;y deems it necessar,y tor tt.r-pro- tection ot th• public health and satet7 that all vaults, closets, priri.es, cesspools, and Mptic tanks located within Sanit&17 3ewer District No. 1, that portion ot the South Englewood. Sanitation ·· District. within the Cit7 ot .Englewood, or elsewhere within the Cit;y ot JLngl.et«>od ~ future san1- t&17 sewer districts, or &117 and all existing and future extmsions thereto, an1 all vaults, clo- sets, priri.ea, cesspools, and septic tadcs located on blocks abutting &nJ established sewer or within 400 feet ot aiv established sewer, be, and th91 hereb;y are, declared a nuisance, and the use, keeping and maintenance or the same is hereb;y declared unlawful, an1 is prohibited, subject to the time an::l place lim1tatione hereinafter set forth: (a) ~ pit priri.•• within the Cit;y or i.nglewoocl shall be tilled and abandoned within tbirt.7 (30) dqa atter the effective date otthis Ordinance. Ir the premises on which said pit priri.ea are located are within 400 feet or an;y established sanitar;y sewer, connection shall be made without said thirt;y (.30) dq period to such sanitar;y sever; provided that it no eanit&17 sewer ie &nil.able within 400 teet ot the premises, than an approved chemical.q controlled tacilit7 shall be installed within such period until .a sewer line is available. (b) A noJ'llall.7 tunctioning cesspool shall be permitted to continue in operation tor a period of not more than one year after the effective date ot this Ordinance it an estattllsbed sewer line ie aYailabl• within 400 feet ot the premises on which located. It no eanit.&17 sewer Um is aY&ilable wit.bin 400 t•et or the preai.••• at the ti-or the •ftectin dat• ot tb1a Ordinance, bat. such sewer line is installed subsequent.l.;y thereto, the premi.••• •hall be, tlit.hind1ize(6} · .,_ha atter th• installation thereof, cormected to said aewt" line, and th• ue ot the cesa- pool discontinued. In no case shall an7 cesspool be allowed to oYertlow, back up, or Ml- tunction; and all abandoned and discontinued cesspools shall be tilled or adequatel.;y coTttred tor health and satet;y purposes. (c) A normalJ.7 tunctioning septic tank shall be permitted to continue in operation tor not more than fift (5) ;years atter date ot original installation it a sanit&17 sewer line ie ayall- able within 400 teet ot the preais•• on which located at an7 tim durin& said fiye(S) ;year period. The use ot such septic tank shall be discontinued within six (6) months after a sewer line is Md• available within 400 feet or the premises at &nJ ti-atter the said tin ( 5) 79&r period. In the event that an;y septic tank installation mal.tunctione or causes OYer- tlow or back-up, and a sewer line is then ayailable within 400 teet ot the premises on which located, then, and at such tiM, the said septic tank shall be abandoned, and connections shall be ude to the sewer line, regardless or the tillle lapse since original installation. S!ct,ion It, That any Yault, closet, pri'Y7, cesspool, or septic tank located within UT district. or area described hereinabove shall be subject to the time limitations set rort.h, and upon thirt.7 (30) dqs written notice to the owner of the premises, b7 registered mail, issued b;y the Building Inspector ot the Cit;y ot Englewood, shall be re.>Tecl, demolished or otherwise abated b;y and _at the expense ot the owner or owners, am the use, keeping and maintenance ot the aae shall forth- with cease within thirt.7 (30) dqs from the date of registering the said notice tor mailing; prori.cled, howeTttr, should the owner or owners be at the •-tiM required to connect their propert.7 or premiees with a sanita17 sewer, the work of making cormection thereto in accordance with th• State PlUllbing Code shall be ~gun within thirt7 (.30) da;ya, and the time allowd tor r•OYal ot the nuisance and continued use ot aw shall be 11.aited to a reasonable time tor ccapletion ot such work, which tim fU:1 be liaited b7 the Building Inspector to a definite date it, in his opinion, there shall be cause tor abatwnt, proceedings to remoYe said nuisance and shall constitute an offense, subject, upon conviction, to tine and impriaon- met. u hereinatter proYided. S!ctiop 5, Th• t.he owner• or owners ot &nJ and all buildings located wit.bin Sanit&17 Sewer District lo. 1, that port.ion or South Rnglewood Sanitation,District, or an7 eanit.&17 sewer district.a within the Cit7 ot Englewood, hereafter established, or an7 and all ~sting and future utmeions thereto, or located on blocks abutting any established sewer within the Cit7 of Inglewood, or within 400 feet ot an7 established sewer, shall connect. all sewage and drainage 1'l"Oll all plUllbing fixtures in said buildingor premises with the aewr; prori.decl · howftr, that tt. owners or owners ot said building or premises shall be given thirt.7 (.30) dqe notice in writing, b7 registered mail, issued b;y the Building Inspector of th• Cit;y ot Englewood, notif7ing tt. owner or owners to connect said building or premises with the sewer, and in the nent the work of making the cormection is not begun within thirt.7 (.30) da7• ot regieterU. the not.ice tor m•111ng, the Building Inspector shall notit;y the Cit7 Engin•r to prepare plans and speciticatio119 tor making the connection with the .. wer, including water and aerdce pipe, and the Cit7 Council ehall thereupon cause connection with the eewer to be made; the cost ot all enginHring, legal and publication expense and the c09t.~ot connection wll.tb the .-r aball be paid by the owner or owner• ot the building or premi••• ao connected, which charges, it not paid within thirt7 (30) dq• atter final publication of the ordinance ••••••irw the coats thereot against the propert.7 connected with the sewer, shall be certified to the Coant;y Treasurer ae a lien on said propert;y in taYOr or the Cit;y or EnglbOod. Failure to ccaP17 with the notice ot the Building Inspector of the City of Englewod, shall, in addition to coa_pulso17 connection to the sewer ae proYided herein, constitute in offense, subject, upon conviction, to tine and illprisoiment u hereinafter prorlded. S,qt.1m 6. The Building Inspector ot the City of ~nglewood shall enforce the provisions or tide ordinance 1 in accordance with existing statutes and ordinances, S.st.'• 7. AZJ7 person 'tllho shall rlolate any provision or this Ordinance, shall, in addition to the proc~s outlined hereinabove upon conviction le tined in a eua ot not bias t.han Fiye Dollara <•s.oo) nor mre than Three Au;;dred Dollars (,300.00), or illpl"ieoned not aore than Hinet7 (90) d&7•· Bach and enr7 dq or portion thereof, during which an;y violat.ion is co.U.tted, oon- tinued or permitted to contima•, shall be deaned a separate offense an1 tm penalt7 proYisiou hereof shall apply thereto. S,st,1m S. Thi Cit7 ot Englewod. ma;y proceed b;y abatement., injunction, mandame or other legal action or reMC17 to entorce the provisions of \&is Ordinance, with mch actions or remedies lhall be in addition to the hereinaboft proYiaione or this Ordinance an:l ClB'llAti "· I I I I Stat.'• 9. Ordinance No. 4, Seri•• ot 1935, Ordinance Ho. 11, Series ot 1950, and sn1 and all ordinances, and parts or ordinances, in conflict herewith are hereby repealed. S,gt.igp 10. 'n. Cit7 Cmncil herebf tinds, detel'lline• and declare• that this Ordinance is nec- ess&17 tor th• mediate preservation of the public peach, health, aatet7, am convenience. S,st,i• 11. In the opinion of the Cit7 Council an emergenc1 exists; therefore, this Ordinance shall take effect and be in force from and after its tinal passage and publicat.ion. Passed on First Beading b7 the Cit7 Council of the City ot .t.ngletC>od, Colorado, thl• 4th dq o t June A. D. 1956, and ordered published in the E~lewod Preas. A'rl'!!IST: Mtror J. L. Barran Cit7 Clerk Council.Jl&n Scott mved, McCabe seconded; That the above Bill jua t read be passed on first reading and ordered publishld in the ~~lnoai Preas. AIAS: Braun, McCabe, McLellan, Mies, t'urcell, Rapp, Scott and Woods MAIS: Parker ABSENT : None ****** The tollowing Bill was presented and. read in full. A BILL FClt Ali ORDINANCI PRESCRIBING RULES AND REGULATIONS FOR 'ftlE OPERATION All> MAIITlllAllCB C:I THI ~TD SYSTiM OF '?HE cm OP ~OD, COLORADO; PROVIDING MEANS FOR TIE ENFORCllBllT All> PENAi.Tm JiOl 'ftlE noLATION 'ftlEREOP; AND REPEALING ALL ORDINANCES AND PARTS Cl au>IUHCIS D OOllPLICT HIRmltTll• (Copi•• in th• hands of all councilmen and water board imabers.) Council.un McLellan moved, Braun seconded.; That the above Bill just read be passed on the first reading and ordered published in the Englewood Presa. AYES: Braun, McCabe, McLellan, Nies Parker, Purcell, Rapp, Scott and Wood.a • NAYS: lone ABSENT: None ****** Mr. Rudd atate the bids on the new tire station at W. Bellview and So. Fox had been tabulated. Brittle and Moorman was low 127 ,905 but wanted .30 da,s before starting an1 oU•recl onq ls.oo per clq penalt7 on late completion. George H. Allen was next low 127,914 ottering to start within 15 dqs, and ottering t2o.oo per dq penalt.7. After discussion, Councilllan Braun, moved { McLellan, seconded) That George H. Allen be given the contract aa the best bid and that the Clerk return the bid checks of the other bidders. ADS: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp,. Sc@tt and Woods rt\IS: None ABSENT: None ****** The Cit7 Manager, Mr. Rudd, in letters dated March 19 and Mq 1, 1956, set up definite poliq and suggeatione tor construction or new paving and for reconstruction, widening and completion ot partiall7 paY9Cl streets. Since it is now necessarJ to adopt a polic7; Councilman Scott, moved) Braun, Seconded) That the proposed requireaents tor Wat•r, Gae and Sewer connections be deleted and that the poliCJ' with deltions be approved and adopted. AI~: Braun, McCabe,McLellan, Nies, Parker, Purcell, Rapp, Scott and Woode. IAIS: llone ASSUT: lone ****** The Cit7 Manager stated that the Peter Kiewit Sons Co. had mad• an otter to leue land on the Atchison 8-lch east ot th• Platte River, tor .gravel production otterizw il000.00 guarantee tor lat .,.ar aid 8 cent " 10 cents per ton tor road gravel, and 11000.00 tor road leaae. Councilllan Scott moved) McLellan seconded) That the Kiewit and Sons Co. otter not be accepted 1 and that the Cit7 Manager be requested to get otters trma other Com- panies. · AYES: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods IAIS: lone ABSENT: None ****** • Apprond claiu were presented tor p&Jment in the following Funds. General Fund Water Fund Dispoaal Plant Fund Sewer Districts Fund I 34,248.45 49,474.a! 2,927.24 9.186.29 Total ot all Funds 95,836.06 CounoilmM Rapp, moved) Braun, seconded) 'nlat the above approved claims be paid. AIBS: Braun, McCabe, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods. HAYS: lone ABSBNT: lone ****** Th• Minutes ot the Meeting ot the ~il for the Cit7 ot Englewood held this 4th dq ot June, A. D. stand approftd as -~ this 2nd dq ot Jul.7, 1956 • • MqOr I I I I