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Home My WebLink About1956-09-04 (Regular) Meeting MinutesI I · . 1 RIClJ LAR MBETINO OF THE C !TI COi TNCIL OF THI CITY OF BNG.&AYOOD, co, .. ORAOO, HILD TU!SllllY, · THI 4TR DAY OF SEPT!MBBR, 19S6. Councilinan Nies gave the lnvocati~n s ******* Mayor Purcell called for RollCalla PRES~Ts Braun, llcLella 1 , Nies, Parker, Purcell, Rapp and Woods ABSENT: McCabe and Scott ******* Collllcilman Parker, moved) Braun, Seconded) That the mi!lut:.es of t-he Meeting of August 6t.h and 20th, 1956 be &?p roved as written. AYKS& Braun, UcLellan, Nies, Parker, Purcell, Rapp and Woods NA.YSa None ABS!NTt McCabe and Scott ******* Co uncilman Scott entered arrl was seated with the ~ouncil. ******* Hearing was held on the re ~o ni ng of the Feild'a property from M-1 toC-2 as advertised. There being no protests. Co'.lflcilman Rapp, moved) Parker,aec ;>nded) That the 'J ropert,y be rezoned to C-2 upon compliance of the conditi)ns as require1 f or Deeds andBasements. 4Yl8a Bram, A!c:Lellan1 lUe•, Parker, Ptlrcell, Rapp and Woods MYSa None ABSINTa Mc '-abe ******* A request was made for all ni L'ht par..cing in the 3400 block South Lincoln. i'here are aba.it 20 cars in thia area and 110 p rovision•~bave been made for orr-street parking. Councilman Scott, moved) lapp, seconded) to give the owners of thi• oroperty 30 days to work out a possible so l ution. ATBSt Braun, llc"4llan, Nies, Parker, Purcell, Ra:>p, Scott, and liooda HAYSI None ABSENTa McCabe ******* Mr. Jerry Rush and llr. 1f. T. Conner of 4900 So uth Acoma Street asked that they be allowed to connect to the Inglewood Water Lines. Councilman Rapp, moved) Puker, seconjed) •o receive s 11ch request until such time as action is taken on annexations. AYBSs Braun, llc~llan, Nies, .t>arker, Purcell, Rapp NUS 1 Scott and Wo ods ABS ~T McCabe. ******* X.tter was read from t l1 e Chamber ~f i,;onmerce requestin e financial aid in advertising .and · promotion f un ds. Councilman Scott, moved) Braun, seconded) 4 hat the City Attorney investigate the legality o f such procedure • AYISa Braun, Uc!.ellan, ~ies, Parker, Purcell,Rapp, Scott and u:Jods HAYSI None ABSFlfrs McCabe Reporta of .jhe ~ommittees were given as called for by Mayor l'ureell. Cba1rnan Braun stated that a ~anding House was willing to spend llS00.00 on the storm sewer exoense for heloi~~ to set up Lhe District a ~d asked if the CitJ' wo uld be willing to obligate itself ot &·like 11aCJUnt ~after j iscussion. Councilman Braun, moved) McLellan 1 secontled) That the City obli!!,&te itself tor $1SOO.OO if and when the orip.inal $1500.00 ~ assured by the Bonding Co. is expanded and that Mayor ~urcell be the Laision Officer for the Council. AYES1 Brau n, ilcLellan, l~ies, ;.J arker, "urcell, Rapp, Svott a ...... d Woods llAYSa N~e 1BSENT1 McCabe ***i;•*** The following Jrdinance was introduced and reads Ordin&n88 No.~, Series of 1956 AH ORDINANCE RE '"'JLATn 1n AND PROHIPLTr 1r, THK KEEPIN '! OR MAINIANANCE OF A"'.l Y iAULT, CLOS!TS, PRIVIIS, CESSP')JLS A~m SF.P'l'IC TAi'lKS LOCAT@ IN n.N ' &i.NTTARY SEl'fF.R DISTRI CT NOR OR HER.EAFTgR ISTABLISHID AND TO caAPEL O.'iNERS OF ~NY BUILDnrns LJCATED I ~ S.l\ID DISTRICTS A11 'S JN LOTS OR TRAC 'fS ABUTTING AMY ESTABLISHED SE.j ilt TO COO 'EC T WirH SU :H SP>.1ER: DECLARIN G ALL SUCH VAlJLTS 1 CLOS~TS, i?R:l'1IIS 1 CISS* ?J 1LS A 'iD SEPTIC TA NKS l N1JIS~N CE1 Pao ISINB FOR AB.1.TFlfFlJT AND ?Ru IDING A PENALTY FJR VIOl.lTI(Jf THBREOF1 AND REPFALING ORDINJi.!lCE N0.4 1 SERIES JF 1956, AND ORJINANCE NO. 111 SERIF.8 OJ' ~19$0 1 AND ORDr~NCE NO . 14, S .,:R IES OF 1956, ANI ALL OTHER JR D INA N C~ IN CO ~J FLIC'r HERDIITH. Councilman Rap }, moved) McLellan, s ec->nded) that Ordin .nce No. 1 Series of 19 1 just read be introduced and pass ·d on second riiding as Ordinance No. 20 , Series of 1956, and ordered published in the En glewood Press. AYIS1 Braun, YcJ..ellan, Nies, Purcell, Ra ::>p 1 Scott and Woods NAYS1 Parker ABSPllTs McCabe ******* The f ollowihg Ordinance wa s introduced and reads CRDINANCE No._, SERIES OF 1956. AH ORDINANCE AYBNDING ORDDIANCE N0 .13, SER IES vF 1956, DiTITLED " AN ORDINA ~T C! REQrJIATmG 'NFFIC AND PROIIDIHG FOR PA.~KIN 'f SPACE A.~D TD.IE i..D.UTATIONS ON STREETS WITHIN THE CIT'! OF ENGU:iOJD, COLORADO," BY CHANGING CERTIAI ?ARKING LIMITATIONS THER lUNJ AND REPEAL:ING A .J L OTHER _ ORDIANANCES IN COiffLICT H •:tlEilI TH. Councilman Nie s, moved) Parker, seconded) !hat Ordinanc e Mo. 1 Series ofi9 1 just read be introduced and passed on s i,cona reading all orcJinance No. 211 Serie• ot 1956, and ordered 9ublishe d in the BnglewJod Press. AYKSs Braun, Mc.L.ellan, Nies, Parker, Purc ell, Rapp, Scott a~d Woods NA -ss No~e APSmTs McCabe ******* The .f ollOll6ng ""ill for a n Ordinance i'fas in trod i ced and read in full. A BILL A BILL FOR A~~ J:tnr·A CE .-.:m"mr·i o:nnu .NC E N0 .17 ,SERI ES OF 1956, ES1'ABLISHllO A BJSINBSS AND ~CU PAT I JNAL TAX, BY DEF ilJDH1 THE '1i JR'J "RF.SIDE'JT" BY ;.;1E iJDil-!G CER T IAN SF.C TIONS THEREOF s ITH RE r E1U'J.JCE TO "AJCTIOM HOUSE.5" 1 AH D n ri rn.i-:CT SE i ,~l N'1L I CETJ8ES", RY ELilU'J ATI NG THE REFfflENCE TO "APARTONI HOJS~" UNO~ ~LTH ~D SAFETY LICENS RS , BY DEFIN ING THE LICPJSIN '1 HCUE 8CC''PATIJNS, A AND PRO/ID PJG .u>DITIJNAL Eill4EDIZS FOR THE ENFJRCm!Jol.JT THl!.'Rf?.OF. WHmiEAS, The City Council •f the Cit·r of Englewood, Colorado, has heretofore passed Ordinance lo. 17 1 Series of 1956, establishing a b .tsiness a :id occupati·Jnal license tax for the purp~s a ~f rais i 1g munisipal resenti e, and licinsing and re cu i.ating the carrying on of all l.1usinesses, trades, and oc ~upatlons and profe ss i on s within t he Cit r of En glew•ici, C~lorado; and WP&R&A S, IT appears tha v certia~ amendments thereto should be made for the puroose of clarifying the &aid Ordinance. MON , THEIIB FORE 1 BF: IT '.)il0'1.DfED BY THE aIT Y C OJ~CIL OF THE CITY OF ENGI.mi OOD, COLORADOs Section 1. Section 2 of Ordinance No. 17 1 Series of 19 56 , is hereby amended by adding thereto s ubs 4ction (7)1 which reads as fol l ows& I I I I I I I 11 (7) RESIDENT 1 Any oerson as hereinafter de f ined who has a finnly established place of b~siness in Rlieie.to~d, or who now lives and has lived within tre city limits f or one full vear immediately prior to ap'.ll ·ring f:>r a l i cense under this Ordina'1ce. '' Section 2. Oroup A, UFRCHA~mrsnm LICINS l!:S, of Section 4 or Ordinance No. 17 1 Se1'1es ofl956, is he rebvamended to read a~ follows: By a dding after the Nords"Auetion House s " the ·11o rds ''Resident Auctioneers no t regularly ope~tir.g and Auction House within theCity,$5.oo per day or ~20.00 per year; itinerant auctioneers $10.0Q per day or $30 .00 pe r year." By d eletin ~ after thE! :rn ris"Chr i st:naa Tree Dealers, $25.oo per sellin ...,. ,;:>erson" the words "as specified by Ordinance No . 10, Series of 1949~' By deletinc: .:ifte r t.'"'e 11.J rd "p1otoeraph er" r.he word '1 resi d en~"· Section J. Gro1.10 E, 1-'EALTH 1~·;0 SAF •,TY LICENSES, of Section 4 of Ordinance No.17 1 Seriea of 1956,· i s hereby amended by Jeleting r.herefrom t.he words "apartment house (2 or m~re rental unite)". Secti.Jn 4. Gro..ip G. PEDDLER'S LICIHC.:ES, vF Section 4 of Ordinance No. 17, Series of 19$6, is hereby repealed, a ~d the following section enacted in lieu thereof ~~d substitued thereforJ "rR O JP G, DIRECT SELwilW LIC I<:N SES1 A direct selling age nt within the mea 1ing intended in this Ordinance shall be construed to be any resident or itinerant person who en ~a ges in, or conducts t he business of p:oi.n g fr:>m ho11se to house, place to place, or in er along the streets within the City of -ngleriood, sellinrr or.of fe rin ~ for sale ab retail a nd maki "lg inmedlate or later deli~~ry of an1 goods, wares , md rchamdis e, service, or a n r thin ~ of v~lue in the posses ~ion of the direct llelling a r·ent or for which be is an au thorized selling a ee nt, to persons other than manuf- acturers, wholesalers, j o bbers,or r atailers iU such commodities. ~ny person operating as a direct selling ap-ent mU8tl firs t obtain fror:: theCit·,• lerk anrl. official receipt showing that such a person has p~ld theCity ot En ~lewood the License tax -hereinafter s pecified for the period indicated, and is, the~re, authorize -1 to op !rate as a diri:!ct selling ap,ent. An ' person or !)ersons subject to a business o~ occu pational tax unde r a ny other sectio1.s or subsec t.ions of this Ordinance shall be exempt tram paying the direc t sellin~ fee herei n s pe cified, but shall be requi•ed to obtain the above mentioned receipt for wh ichaa admi~istratiwe charge of one dollar($1.00) w4.ll be made, in order to be leg..1.lly authorhcd to eneage in reside"ltial d0or-to-door direct selling. The tax tor direct s ~lling or boolm, peri.odicals,(other than newspaoers), household wares, brushes, insurance, cesmetics, utensils, produce, building repair and remodeling, and any goods or services not specif- ically mentioned herein, a "l d not covered by any ptho~ section or subsection or this Ordinance, shall be ten dollara (IJ.0.00) tor e•b person tor three(J) months, or th1r»r dollars ($30.00) for each person for one year. Any resident or iti nerant riire c , S(dling a ;-ent who suffers from a serious physical handicap and who sells products in connection with a rehabilitation progran shall pay o~ one dollar($1.ot) per year as a n administrative eharge." Section $. Section 4 of Ordin:ance No. 17 1 Series or 1956, is hereby amended by adding thereto a DR aectl'On entitled "Ol'oup J, H::llE OCaJPaTIONS", which sh.all read as !ollowa1 11 GRO JP J, HCllE OCCUPA1'IOMS1 A home occupant within the meaning intended in this Ordinance shall t e construed to be any person engaged in the part-time enterprise ot providing any service or manufacturing and selling ~ny prodllct in his own home as au thorized by City zoning regulations. To be taxable under this Ordinance such enterprise must involve one person onlyand consume more _ than S20 hours per year and less than 101'0 hours c:>er year. The tax for home occu!)ation enterprises will be one dollar (tl.00) per year." Section 6. Section 15, ENFORC ~MENT, of Ordinance No. 17 1 Series of 19$6 1 is hereby amended by adding thereto an aJditional paragraph wrich shall read as folla11a1 "The City of &iglnood, "'olorado, may at its option, proceed by i njunction, abatement, suit ~or collection, ~r any other le gal action which it ma y deem advisable for the entorcement or this ordinance and collect i on of t he f ees provide'i for therein; !)rodded that, such election shall not in an:r via r be deemed a waiver of or rel 8cl5e of an· person from the pe nalties provided for hereinabove in this sectionn and convictio t.here 1mder shall not preclude the City of Jrnglewood from proceeding with any other lep,al action or a c ~ions that it may deem advisable." Section 7. All Jrdinances a"ld parts of ordinances in conflict herewith are hereby repealed. Section8. the Git7 Council hereby finds, determines, and declared that this oreinance is necessary for the ilDcieJiate preservatio of the public peace, he ~lthm safety and convenience. Sectio~. In the ooinion or the City of Enilewodd ~ity Council an emergency existeJ therefore,-thisinance shall take e f fect and be in force from and after its final passage and oublication. Passed on first Reading by the City ~ouncil of the ~ity of Englew~~d, Colorado, this 4th day of September,A. D. 1956, and or1ered published in the En glewo~d Preas, Mayor A'IT~Ts J. L. Barron, l#ityClerk ... Councilman 'arker, 1owed) Wooda, secon j ed) •hat the cl bove bill just read be passed on First Reading and orJ ered published in the Fnglewood Press. AYBS1 Bral.Ul, McLellan, Nies, Parker, Purcell, Ra :J p 1 Scott and Woods. HAYS& None A~ENTs McCabe ******* The following bill wa s introduced and read in full. A BILL A BILL FOR AND ORDIN .N CE AUTHORTuPf'1 THE MAYOR OF THE CITY OF ENG~YJ)D 1 COLORADO, TO EXECUTE AND THE CLERK OF THE CIT: OF gNGL.mrOOD, CQj,JRADO TO ATTP..ST A WARRANT? D ED CONVEYING TO RAY F. SALES AND HA ~OLD U. SALE.Si AS JOINT TENANTS, THE FOLLCYHil-I G DESCRI BED PRJPERTY 1 TO-WIT: A CH.:RTL\N TRACT OR PAR* CBL OF LAND Il~ ?L)'fS "A" A''D "B" AND THE . VACAT i.:n ALL EY IN BLOCK l,A. W. HDIMS SUBDIVISION IR »Jl1L~{OOIJ( ARAPAHOE CCJJNTY, CO L:RADO, MJRE ART! ULERLY DESCqIBED AS: Blam:nm AT !l'IE SOOTRIAST CORNm OF LOT 6, BLOCK 1 1 A. W. HD.~PRS SUBDIVISION: RIJN''IN0 THENCE NORTHUST~L Y ALONG THE SOOTH*. ESTE=tLY LINE JF Lm'S 6AND2, EXTEND ·!.'D THROU~H AND A ~OSS THE VAC ~T ~n ALL RY IN SAID BLOCK 1, TO A PJTilT O:l h. LINE \l;11ICP. IS JO.O FEET S01JTH OF iP I~ .?AHF.LELL TJ TH! NORHT LINB OF SAID LOT2: RTffiTINO Tlfr:NC E WF.sTERL'~ OH A LillE HH I CH IS JO.OFEET SO'JTH OF AN D PARELLEL TO rm: NORTH LilJE OF S."1.ID LOT 2, TO A POINT ON A LlliE i:HICH I S 12. 0 FEET SO J THW~:STl<:'"l.LY ~"lit \N D ? 't RALL!;_;L TO THE FIRST DESCRIBED CC1.JRSE; RU NN ~G THF:i CE S~rt.iF~STIRLY ALONl1 A LINE WHtCH IS 12.0FEET SOUTH',\"ESTERLY FROM AND ?ARELLEL TO THB FIRST DESCRIBID COURSE, TO i~ P JINT X .'Hr: EAS'i' LINE OF BLO CI 1: RUNNING ~CE NCBTHLY ALONG THE DST LrnE OF BLOC~ 1, TO rm: J)DiT OF BE111N \\J ING; CONTAINJ111 0.082 •mm, MORE qR LESS. iP.EREA.S, the title eat~. above described property mill stands in the name of the City ot Englewood, c,1oaado, and has never been used f or m u nic~l, eovernmental or park purpoeea,and ViHBR EAS, it wa s essential that the City of Englewood acquire a portion of the property owned by Roy F. Sales and Harold M. Sale :3 1 as a part :>f the r•ght of way for the Bast Hampden Avenue by-pass or free way, being conatnucted by the Highway Department of Lhe State of Colorado, and Vt'IUJUIAS, said pDrtion of the pro .pert~ owne d by Roy F. Sales and Harold II.Sales could be obtai ned at a consider~'le savi ~es to the taxpayers of the City of Snglewood, Coloardo, by exch&n£ing property standing in the name of the Ci~y for the necessry Sale's property, rather than expunding cash for the purchase of ~id necessary property from Ray F. Sales and Harold Y. Salea. NOW 1 TH!.REFORE, BE IT ORDA.INED BY 'fHE CITY COONCIL OR THE CITY OF ENGLDIOOD, C~.wORADCh Section 1. that the Mayor of LheCity of En glewood, Colorada, be, and he ia hereby 1 authorized to execute,in the behalf of s a id City, and theClerk of the City otlnglewood1 Coloardo1 be, and he is hereby, authorized and directed •o attest, in behalf of said City, a Warrenty Deed conveying to Roy F. Sales and harold M. Sales, as joint tenants, the following described property, to-wits A certain tract or parcel of land in Plots "A" and "B" and the vacated alley in Blockl, A. lr. Hiners Subdivision in Engle"ood, Arapahoe County, ~olorado, more oarticularly described ass BeginninG at the Southeast corner of Lot 6, block 1 1 A. Yf. Hiners Subdivision ; running thence Northwesterly along the So ·.i thwe s terly line of Lots 6 and 2; extended throu gh and across the nc- ated alley in said ~lock 1, to a point on a line which is JO.O feet South of and parellel to the North line of said Lot 2;runnine thence Westerly on a line which is JO.O feet South of and parallel t.o 1.he 1'orth line of se&id Lot 2, to a point on a line which is 12.0 feet Southwesterl:v from and '.! parallel t o the first describe d course; run ;ti ::1g thence Southeasterlv a.i.ong a line which is a 12.0 feet ~b..ithwesterly from and parallel to the fj _r s t descri bed course, to a ;Joint on the last line of block l; run ning t~ence Northerly along the ~ast line of nlock 1, to Lhe point of beginning; containinp, 0.0 32 acres, mo r e or less. Sect i on 2. .i.'he City council hereby finds ,dletennines a ri d declares that the foref!oing con- veyance is for the benefit of the taxpayers of the City of ~nglewJod, Colorado, and that this Ordin- ance is necessary for theiI11I1e diate preservation of t1-ie p11blic peace, health, safety and convenience. Section J. In the opinion of theCity CoWlcil, an emergency exists; therefore; this Ordi ~ance shall take effac e and b ~ in force from and afte r its final )as s age a nd p~blication. Passed on &irst Readin e by the City Counc i l of the Cit7 of BncJ.ewood, ~olorado, this 4th da y of Se ptember, A. D. 1956, and ordered 9u blished in the EnglP.Wood Press. llayor ATI'EST: ~~ i.-Barron, -city--creric I I I I I I I . I • Co'.lllcilman YcLellan, moved) Parker, seconded } That the above bill just read be passed on first readi~g and ordere d pub ~ish ~d in the En g le~ood Press. AYESs Brain, Uc~llan, Nies, Parker, furcell, •1.a ?o, Scott and Woods. NAYSs None ABSFllTs McCabe. ***** The foll:Jldng Resolution was presen ted an d re ad in full. RES)L'JTION ~~FAS, •he Jrdinance of the ~ity of En glewood, v)l orado, are in process of recom- pilation, and, .1:&'1.EAS, Uew Or .:l inanc es ha v<J been ado pt ed now, theref ore, be it resolved by the \Jity Council of the City of En clcw ood , c J lorad o, tha t ~he new Ordinances 8e added to the ca11pilation. ~ou ncilman Raup, m J~e d) Scott,seconded) That the aboVt! resolution just read be adopted. AY~s Braun, Mcl.ellan, •ies, Parker, Purcell, Rapp, ~cott and Woods NAYSa •one ~BS~I McCa be Councilman Rapp, 7'.oved} Ni es, s e co '1ded) ***** to set aside the agenda as prepared at this time tso h9ar a re port from Mr. Robert Whan. AYES a Braun, ~cLellan, Nies, Parker, Pu rcell, Rapp, Scott and Woods NAYS a N ne ABSENTa McCabe Ur. Whan of 540 E. Grand, stated that since Washin gton ~ircle was paved it was pu tting the water flaw onto the ?r~9e rty in his neighborhood and he felj that ~he City was responsible. City Manage r Rudd revie ~ed t he natur~l drai~a ee for the d istrict and stated the water would have to flow in his direction. Council recomnen ~ed that they go to the builders or contra ctors if they th ou ~ht it was improp- erly gra<led and if t hey cJuld not receive any satisfa ction there to come back to the Council. ~~**** City Mana ger U.. Rudd , reported that r eter Kiewit an d So~s were wantinp, to lease that po r tion of the Atchison Ranch l y ing east of the So u th Platt e River for gravel and stated the terms. Councilman Scott, m~1 ed} Woo is , secJncted ) To accept the le ~s e which would be dated March l, l,~7. AY!St Braun, McLellan, Nies, Parker, Purc e ll, Rapp, Scott and Woods NAYSs None ARS~Tt McCabe. ***** City llanaeer, Mr. Rudd, made a report on the Little Dry Creek Dam stat us, and reported the proposed cha ·mel change t.hr ou h the golf course. ~ouncilman Rapp, moved) Braun, seconded} 'l'hat t he City Maia ge r be instructed to proceed with necessary plans and specifications for the prop~sed channel change. AYES & Braun, McLellan, Nies, Parker, Purcell, Rapp, Scott and Woods NAYSa Non e ABSENTs McCabe * * * * * There was pr esented a nd read su pp lement Nop l to the So uthwest Lherry Hills Water "°'istrict. Councilman Scott, moved) Braun,Seconded) That the Sup ~le ment No. l be referred to the Water ~oard • AYESa Braun, Mc.Lellan, Nies, Parker, Purcell, Rapp, Scott a nd Woods NAYSa None A.9 SENT1 McCabe ***** 'nle f Jllowing apprGved claims were presented for 0a;vment. GENERAL FUND••••••••••••••••• $ 67,134.09 WATER FUNl)Ht**-.. ":MU•UUMUU JS,247.Jl SHWAGE DIS ?CllA.L PLAN T•••••••• 25,668.21 SlRIT~RY SIW!R DISTRICTS••••• 3,312.95 Councilman Rapp, moved) Brau~, seconded) That the City Manager be instructed to ?roceed with necessary plans and specifications fer the proposed channel chanee. AYES1 Braun, Mcl.ella ~, Nies, Parkdr, Purcell,Rapp, svott and Woods !~ YS: "!:me ABS BHT1 McCabe ***** There being no further l.iu siness to c.:>me before the Counc i l. C:JU.ncilman Braun, moved) Scott, secondedO ro adjourn to September 17, at 8100 P. M. AYESa Braun, Mci.Uan, Nies, Parker, Purcell, Ra )p , Scott and Woods NAYS& None ABSENTa McCabe. ***** The ~inutes of che -'eeti ~r, of the City vJuncil of the City of ~n glewood, ~~lorado, held Lh is 4th da y of September, 1956 stan approved as '-'f~tti:-.J this lat day of Octobor,A. D. 1956 Mayor ~~fCi~ I I I • I