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Home My WebLink About1969-04-21 (Regular) Meeting Agenda Packet0 .. April 21, 1969, City Council Meeting • • • • OFFICIAL CITY COU •r 1t_ DOCUMENT ' C O UNCIL ~:1:. .... 11; ·c FI L E C ITY O F ENGL EWOOD. COLO. TiilS AGREEME:\T mace :his I C '~ay of A fl.' ," '-, 1969, by and between SOUTH I:NGLr. 'OO::::l SA. 'i7AT :O:-; DISTRI CT NO . l , Atapahoe County, Colorado (sometimes heremaf:er :efe:red :o as "Sou th Englewood "} and CITY O F GREENWOOD VILLAGE SEWER G:::>ERAL W.?ROVE MENT DISTR ICT NO. l, Arapahoe County, Colorado, (somet::;o es ""'re:r.after referred to as "Greenwood"}, acting by and through the•r rl uly electe d, qua ified a:1d authorized officers; WIT i'\ESSETH THAT : WHEREAS, South Sng!cwood and Gre en wood are quasi-municipal corpora- lions organized and ex1sing by v irtu e of t he laws o f the State of Colorado; a nd WHEREAS , South Eng!evtood owns and maintains a sewage trans mission sys tem 1n the County of Arapa . oe , State of Colorado, wh i ch sewage transm ission system connects w i th the sewage disposal plant of the City of Englewood, State of Colorado; a nd WHER EAS, South Englewccd has er.tered into a contract with the City of Eng ewood for t he processing of sewage from t h e South Englewood Sanitary Sewer Sys tem by the C ty of E:.g!ewood; a:1d WHERE.AS, Greenwood co:lter:'.p ates constructing san itary sewer 1 nes with n ts serv:ce area as rr. y ... o r.ecess ry, co:1v e nient and proper w ith resp e ct to the care and treatment of th.; sewage from s aid servi ce area and Greenwood desires t o se the sewa~a t: ns:r.1ssion system o: South Englewood to transport sewage fro :n Greenwood :o the ewage disposal pl ant of the City of Englewood ; • 'OW, TnERI:FCRE , :: 1s mt;:ually <.~nde r s tood and agreed by the part es hereto as fa lows: Co .·.·:cT!O :\ OF LI.'ES • . Grce nwoo rr. y c c n r.cc: .ts sewage tra nsm:ssion lines in to the sewa ge trur.sm:ssion nes c f S o ... :h Er.g.ewood and transm i t its sewage through I I • • • • sa ·9 hnes to t he sewage dt sposa l ;:>lant of tr.e C"t y of En<;~lewood in accordance w1th the t erms and cond1tior.s her-'l:r.af:ar set :or::-.. Before Greenwood transm i ts sewaQe :nto South L::1g ewood' s l.r.es, such co:1nections shall be ins pected by a r e preser.tat ve of the Cay of Er.glcwood prior to coverinQ or backfilling. 2 . Attach ed her eto and i~.co rporated herein b y this referenc e is a plat of t .a area l.j)On wh ch ther e s depicted t he sewer lines and connec t ions to be made thereto in connect on w ith tn s Ag ree r.1ent . 3. Greenwood shall ;:>ay :o South Englewood the sum of One Hundred Dollars ($1 00) for each sewer ta p rr:ade on t he tra:Jsmis sion lines of Greenwood connecting to the transmission llnes of So uth Englewood , said payment to be made at the t im e appllcation 1S r:\ade to South Englewood for a permit to ma e s u c h a tap. 4 . No taps shall be made on tl:e transmissi on lines of Greenwood connectir.g to the transm ss or. ll:1es o: So~.o:h Englewood with out first obta1ninQ a permit ther efor from City of Englewood . S. No tap shall be covered or back:'illed until an inspection h as been made and approval granted by a 1 go•Jemmen:al agencies and authorit i es havinQ jurisdiction thereover. 6 . It is specifically understood and agreed that South Englewood shall not undertake or ha v e any respons i bll:ty for the j)roper connection of such taps and furthe r that Green wood shall have :he full r esponsibility for such taps; provided, however, that sue t aps sha 1 e n ccordance w th the rules and r t~g ulauons of South Enc;lewovc r.o w or herein :ter e:1forced, the terms of this Agreement, and the requll'eme~.:s o . the C ty of Englewood and all <;~ovecnmental agenc:es and authorities havu-.g jurisdic:io:i t!-loreo ver. -2 - I • • .• • • 7 . Greenwood shall ~ee~ a~.cl rr.ai:ltain in good repair all sanitary sewers a~.d sewer facil1:1es wi:rar. i:s service :e a c.nd shall have the sole responsibi lty therefor. A':\, ·u;,:. SBVICE CHARGE 8 . Greenwood si:a ll pay to South Englewood an ann u al servi ce c h arge on or before September 15 , 1970 a:1d pror atec for ti:e year 1969, and on or before September 15 annually therea::er , duri~.c; the term of t hi s Agreement, a sum com- puted b y mu t pl y mg t he then r.1ill levy of Sou:h Eng l e wood by the then assessed v alua t io n of Greenw ood . Said ;>ayr.-.er.ts shail be for the preceding calendar year. ln the e v ent of a di sconnect t he charge sl-.a l be pr orated to date of disconnect. 9. The fa ilure of Greenwood to ~ay ume y the annual service charge pro v ided her e n s h all b e a defau lt o: :he tcr::1s o: thi s Agreement and South Englewood , a t its opti o n , r.1ay t:.cre :"ter re:use to grant any addi t i onal taps until t h e defau lt is cured, or, S ou th Englewooc r::ay u pon thirty (30) days' written n o t i ce to Gr e e n wood, b y r eg i ster ed r.1ail , termina t e this Agreement and discon- t inu e s e rvic e t o G r eenwood . 10 . South Englew ood shal ha ve r.o respon sibility to maintain or repa ir a n y of the ines, later a s or :"ac1 Hies of Gr e enwood. ll . A 1 e ng ineering a~. cesign of Greenw o od re at ing to sewer lines, lifun g a nd pu mp ing statio ns , ate~ a s, ma:1ho es and any other appurtenance& of its system which may ac c e;lt a~.d t:ansr:-.it sewage in to the lines of South Er.glewood, i nclu d ng plans ar.d specilcat ons, m s t be submitted to South Englew ood In d;.~pli ca te. . Said enc;meenng .. es 1c;n m"s t be approved by th e e ngin e e r of South Englewood, by the C::y oi Englewood, and b y all oth er a9 e nc ies and author.ues hav ng jur sd cuon t hereover. Said approve shall b e n wr tm9 and sub:mtted to South Englewood ~nor to any construc t ion or implementat ion of sa:d engineenng and design. 3 , Any constr ction of sewer l1:1es a:; related ms t allat ion s by Gr eenwood -3 - . , I • • . , ·' ' • ,._ shall be cer: fied 1n vvri:::-.~ :u So ·~:~. Er.G!.2\IOCd upon complet i on thereof. Said certifications all st.:.ta ::-. : s~.:c:-. ccr.struction or installation ha s b een i:> c onformity and com;.l.a~.ce wlt:O the ;:> a~.s ar.d s;:>ecificatior.s prev ously approved. 14 . Greenwood hereby agrees to pay to South Englewood all costs and ex;:>enses relating to the :~.spcction a~.d approva of the plans and spec fi- catior~s subm:tted to it co~.ce~1r.g the cr.gmee:in<; and design of Greenwood's system, t ogether with at:orney fees 1ncurred by South Englewood in connectlOn with this Agreement. :E!Cvl . • :;::o" l 5. Either party to th:s Agrecmer.: may te.r mi nate same provided the party d esiring to tenninate s:Oall furnish to t!1e other party a nouce of such termination to become effecuva siXty (60) days after mailing such notice as provided in Paragraph 30 here:n . 16. Any provisior. here:n contaio:ed to the contrary notw i thstand ng, South Er.glewood, at Its op:.o:1, ~.ay uniia:era l y t erm mate thls Agreement u;>on the defa t by Greenwood of a:w of the :e::ns and conditi ons of this Agreement; provided South t::1g :ewood shall g:ve written notice of such default to Greenwood. If the default is ::o: c~.:red w:tlun t: irty (30) days after rece i pt of sa ·d nouce, thi s Agree me~.t . a:: .e optic~. of South Englewo od , shall th e reupon terminate. RE?A::K 0~ :u:cO:\S!R::c::ON OF LINES 7. Th e an:1ual se~vl.::e cnarge ~ere .:: provided is intended to cover nonnal o;:>eration a:1d mamte::a::ce ex;>cnses o::ly and not any major replaceme:'lt or repair due to damage to :he trurok h:1es of South Englewood by flood or other acts of God. 8 . Whenever tis r.ccess ~, d .. ., :o n act of God, or other disaster, -4 - I • • . , .• \ l ' f • .,. • • for South Englewood to rep'l:r o: rcco::stn:ct a:.y trt.n smission line through w hich sewage is transport e d ..:t;dc:: ::-:e te:ms of this Ag reemen t , a nd the charge for s1..ch repair or recons:ruct:o~. is mace '=>1 South Engle wood against all u sers oi such hnes withm i:s se:v:ce <orca, a l:ke charge r..ay be ma de by Sou th :::~.c;lewood agamst Greenwood . S\.c:O. c h arges s·.an be assessed on a mil levy bass and sl-.al be assessed by So:.:t:-. :::ng·ewood against Greenwood at the same al':le as the cnarges asses ed aga1:1s t ot .e: use:s served by South Englewood a~.· sha be paid by Gr ... enwood under the same terr..s, time requireme nt s and conditions that South Enc; ewood ::n;:>oses upon other users for such charges. Sou:h Englewood sha l have no respc~.sibili:y for collectin9 such charges from users w thin the serv ice area of Gree:wmod. 9 . The obligatton of South Er.glewood to tr ansmit sewage for Green - wood under the terms of thts Agreer..e:~t sha l be suspended if its inability to perform shall be due to ctrcur:lsta:-.ces beyond ts con trol, or if such inability 1s due to repa1r and maintena:~ce : ::,e lmes , 1n wh1 ch latter event such obli- gat1on sha 1 be suspended dur r.g the ::me reqJt:eC. to make such repairs or perform such maintenance . 20. Greenwood agrees .o ~.::::: :take a program to nspect and police a l of the : nes and fac1l t es w:t!-:.:1 : serv ce rea connected to South Engle- wood' lines in order to reaso:-.a;:)ly p:eve:-.: a:1d de :ect any unauthorized connec- uon thereto . Green wood furthe r agrees to not:fy South En9lewood of any such u:1auth or ized ta ps and t o cause .he same :o be d1 sconnected forthwith from such nes. 2 . The fa lure of Gree:-.wcod to conduc: such reasonable mspect ons o:-to ;,r.owmgly permlt unauthor ·zed sewer taps 0:1 tts lmes shall be grounds for te:-mlr.at1on of this Agreeme:1t as prov:C.ed fer ere in . 22 . Greenwood 1-.ere!:.y g: nts unto So1..th E.,g ewood the r ght, but not -5 - ,_ ·. .• . . I I ! I • • • t r.e obligauon , to 1nspect u r.y a~.c. c.:l o£ G:..,~:.-.·:.:.c..:!'s sewer lines, installations, fa ci 1~1es an a;>purtenancas; ;J:ov1 <l ·, ::c.wwv.2r, ~e exerc se of thi s right by S01 .. :h Englewood .n no way ro:wves or wa.ves tr.e o <;;ation and responsibi.t:y of Greenwood to inspect us he:e ~::: p :ov1 cd . y,;..x::-.:v:V. F:.OV/ 23 . The max mu m flow of G:ee:.wood's l nes mtc South Enqlewood's lines shall not exceed a total of 150 gallons ;Jer :r.inute as measured at the Be lev iew connection, regardl ess o: t: c n·.lr:-,be r of taj)S w ithi~ ~he service .i}--f;0 '( ;.1•.+•'-It :/..~ Vtc/~~· .. y!t( ')wrf,f ,t area of Greenwood . J;.-i.-!t'<~o.t~fia:'Tne :e ''lll:!:r b~11 maximum o f 275 taps within the servi ce area o :' G:e e :-.wood . In t he event that the flow from Gre enwood's lines into Sout:: Eng .::w ood's ines e xceeds 150 gallons per minute measured at the Be lev1 e w co:-.:.ect on before 275 taps have been made, South Englewood ma y, at its option , refuse to permit a ny additional taps. In no e v ent shall there be more t ha:-~ 2 7 5 t ps, no r shall the service area de- lineated on the attached plat be ex;Ja:::ded w thout pnor approval of South Englewood . SOU7H E:-.:GLEWOO::> ~S . 'OT A PUBLI C UTILITY 24, So th Englewood 1s net a ;:ubl c u t l~:y and is not subject to t h e cor.tro of the ?ubl c Utllit1es Co::.::. ss ~on oft .e State of Colorado, nor i s South Er.gl e wood a guarantor of se:v!ces to Greenwood o r its users. By this hgreement the 1ntendment is to make t. e presently existing transmission lines of South Englewood available to Greenwood for the transmis sion of sewage to the Eng e wood sewage p ant fo : th e tern: of: s Agreement . Partie s hereto spec ~flcally negate any 1nten· en to r..pose upon South Enqlewood any res pon- sib lty to the pub c generally or to the users within the service area of Greenwoo , exce?t as s;Jeci: ca !y prov:ded ior herein . AGKEE. ~: ·7 :-.:07 ASSJGl\ABLE 25. This Agreement s r.ot assignable by elther party nor shall amendments hereto be effect ve unless the s"me :,c; n wriu ng e xecuted by both parties hereto. 26. Tlu s Ac;reem , t s 1n." ;ac:: tha wri:ten pproval of the C1ty of -o-I • • ·' I I I • 'r • • t:nglewood a nd is subject a!so :c a Co r.~.ecto r' s Agreement b y Greenwood with the C i ty of Englewood to p~oc0~s sewag<: 'ra:1s::'.1:ted . This Agreement, at the o;n!on of South Englewooci, s:-.a .l bcco::'.e ::u l and v o1d at any :ime the City of t:r.g ewood disco;Jt,nues a cce;nc.~.ce of S;lwage t o be processed under such Connector's Agreement. 2 7. Gree:1wood shall ft:::1~sh to Soutl':. Englewood and t o the City of Englewood a Plat s how ir:g the lcc -:10:': of :he propo sed users within the service area of Greenwood, toget!:er w 1:r. the name and address of each party tapping its lines. 28. In the even: of a:1y d 'sp~:e or controv ersy wi th respect to the interpretati on , construction o r pcrforma:1ce of this Agreement, the matter shall be determined under the provision s of t h e A::1e:i can Rules of Arbitration, a copy of which is attached hereto a:-.d made a part h ereof, and the parties hereby agree to be bound by such determ i:1a :io:1 . It i s f rther agr eed tha t such arbitration is a condition precedent to the fil:r.g or bringing of any suit in law or equity by either party wlth respect to t r.~s Agre emer.t. L\:JEW.:\ :!'ICA':'ION 29. Greenwood cover. :1:s a:-.d ag~ees that it will indemnify and save harmles s South En9lewood from a c!emar.ds, cla1ms, costs, causes of action or judC]ments , and from all expenses that may be incurred in inves tiC]atinC] or resisting the same, arisi:19 from or growmg o t of any act of neC]lect Greenwood, ns contractors, agents, emp oyees, r.v tees, servants, users , successors or assi9ns, in connection with t!:e operation, maintenance or use of the lines and fac li ties w ith in its service area . • 10':'ICES 30. All notices herein ;:roVlc!e :or sh 11 be sent by regis tared or -7 - ·' . I I ! .,. I • • • 0 .... ·. • • carafied rr.ail, :eturn :ace .. ~: :c.::.;..:s:.:.;:, c.CC:0ss~d :o; C .. :y c: C:..:.\..;-.woc~ ,/l!a•;e Sewer Gene:a :i:'".;.:-o v.:.~-.-..... :-.: ::;.s ::-.. c: . -v ... c/u ;;.. v~: ::cy: 33 : ~ s~~::: ~;o~C.vn.y E:-.s-:c v:c~~, Co:o:'""C.v SC: :o So;..::; ::--.s-.. ..:,.vooC 5'-:-... :a:!on i:>lstrict Ko. c/r;, \'h ::~~ S. ~w::1 :.:.n:c:v.-. X ~: .. o::t.l 3t.:.k 3\:ildinQ :..:::e:c;-., Cc :o:t.C:o eo:20 31. ':'his Ag re emo::: ,::a:: '::>o fo: <. :or::-. o: twe:-~ty (20) y ears commenc!r.g fro;n the ciu:e hereof and ,i ~-:a :l a1.:.:=-::-.u:~cc:.!:y :c:rr.!:-.ate upon the ex;>i rat ion of such te::."l. howe v er , !t is the .. :-.:~,.,:-.::.c:-. c : t~a ;.a:-::.es r.e:e::o that t his A~reement s hall be renewed for succ ess~v e : .. vc -yc'[;.: :e~,; ::-.c:va::er f the circums tances of the pa:t .. as hereto ;>ermlt; p:ov•d.aC , :-.cv·tevc:, ::::.s cx~:cssio n of intent &hall, in no successors and assigns o: ~!".a :c s;;~c~ .. v e ;>c:t .os ho re:o . IN wr.'.NESS WH E~EO?, ::·.e pa::. s :1Jr ato h ave caused their resi)ect!ve du!y authorized officers :o ex~c~te :h:s J.g re.:>::;ent the day and year firs t above ? .·c:cf~""AT!ON DISTRICT NO. Yt.4rY~ C:'.:":! G? G:<E:::XWO OC) VILLAGE SEWER GENERAL I:V.?~CV E:V.EX: ;:J ;ST<U CT .NO . l 1; Sy arc ,1~r r . ~ ~?! I Prei!dent 96S . I • • ·' \ ! • LEGAL DESCRIPTIO:-! FOR PROPOSED SERVICE AREA FOR GREEM-'OOD V LLAGE S PEG IAL L'1PROVE.'1EN T DISTRICT //1 Al l lying in Section 14, Township 5 So u th, Range 68 West of the 6th P rincipal Meridian, County of Arapa h oe, St ate of Colorado: all of the Northeast one -quarter; the ~orth one-half of the Southeast one- qu arte r; the East on e -h lf of the Northwest one-quarter, except Belleview Acr es Subdivisi on ; that part of the North one-half of the Southwest one-quarter lying Easterly of the Highline Canal; that par t of the Southwest one-quarter o f the Northwest one-quarter lying Ea sterly of the Highline Canal; also approximtely 15 residences loc- ated No rth of Belleview Avenue (in Cherry Hills Village), which property will b e described specifically upon receipt of such information by the District. EXHIBIT A _..._,. .: ..... 4 • --------·----·----·-- • . ' I • • ·. ·' I I ' '! • Introduced as a Bill b y councilman Parkinson. BY AUTHORITY ** ORDI ANC E NO. / 7 oFFICIAl. T t;ITY CO INCII I) >CUM EN J.<PR 21 · 9 v fi LE COUNCIL "t.. CIT'i OF ENGL.EWOOD, CQL.O SERIES 1969 AN OR DI A.CE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF E.'GLEWOOD , COLORADO, TO BE KNOWN AS PAVI NG DISTRICT NO . 18, ORDERING THE CON- STRUCTION THERE! OF STREET AND AVE NUE IMPR OVE- MENTS; PR OVIDING FOR THE ISSUANCE OF BO NDS OF THE DISTRICT IN PAY}ffiNT FOR SAID IMPROVEME NTS; PROVIDI NG FOR NOTICE TO CONTRACTORS AND TO BID - UERS FOR SPECIAL IMPROVEMENT DIS TRICT BONDS OF SAID CITY~ AN D DECLARING AN EMERGENCY. WHEREAS, the City Council of Englewood, Colorado , pursu ant to the Charter and Ord inance No . 14, Series 1965, of said City, as am ended, hereby finds and det e r mines that there exis ts a necessity for the creation of Paving Dis trict No. 18 , in said City, and the construction therein of certain street and avenu i mprov ments, as described herein; and WHEREAS, the City Co uncil has heretofore directed the City Engineer to prepare plans, spe cifications, maps and schedules in accordance wit h said Ordi nance; and WHER EAS, the City Engineer has filed with the Dir ctor of Fin ance, all the maps and certificates of his survey, as well as schedules, plans, specifications, approximations of cost, and all oth~r matters and things in complete form and substance as required by law; and WHEREAS, the report so made and filed, together with d etails, sp e cifications , estimates, maps and sche dul s, ar h e reby appro ved and adopted by the City C ounc ~; and WH EREAS, Notice o f a publ ic h aring concerning th cr ati on of the Di . trict and lh • cons ruction of the intprov men ts th rein has b e n published once a w k fo r thrc consecutive we ks in t h En~l ·1,•nn-t l!('!'a lct, a n wsrapcr of gene r al circulation in the * I nsert un fir ~L Publication **I ns rt on S ct'tHi Publi ca tion WH .. LCON & LA. ... M -32 - A l"lOJ".tNl'Ya AT l.AW • • I • • ·' I ! I ' '! • • C ity, and in addi tion , a c o py of the Notice has been mailed, postage pre paid, to each known owner of real property within the proposed District; and WHEREAS, at the time and place specified in said Notice, the City Council met in open session for the purpose of hearing any objections or pr o tests that might be made against said im- provements; and WHEREAS, the City Council considered the following complain ts and objections: a nd A petition containing approximately 140 signatures protesting the extension of South Bannock as a one- way street between West Quincy and Chenango and the resulting street improvements. Denied A p etition containing approximately 27 signatures protes ting the street improvements in the 4500 block on South Bannock. Denied A petition containing approximately 30 signatures prot esting the street improvements in the 380 0 blo ck on South Delaware. Granted An objection and request from Maria Sue and Willi am R. Hoffman, 555 East Eastman, that their property b e excluded from the proposed repaving. Denied A reque st fro m William L. Fowler, 3700 South Cherokee, that a Hollywood type curb and gutter be installed on his prope rty. Denied A r e qu e st fro m Mr. and Mrs. Bill Shaw,3700 South Inca, that the 3700 block on South I nca be excluded from the pro p osed repaving because there are only five hous e s on the block and until they are through paying for the ir previous assessment. Denied A request fr om Mr. Earl Hahn, 4300 South Fox, to overlay the 4300 block of South Fox and us e crushe d ro c k as th e b a s e . De ni e d -33 - I • • · . .• I ! . . , ~ • • WHER EAS, all obj ect ions and complaints having b e en duly h e ard and conside r e d, the Council has determined that such objec- tions sh o uld be denied e xc ept as indicated above; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE - WOOD, COLORADO: Section 1. Paving District No. 18 is hereby cre at ed and the improvements hereinafter described, consisting of street and avenue impr o v ements , are duly ordered after Notice duly given and Hearing duly h eld, all as required by law. Se ction 2. The extent of the District to be assessed for the cost of the improvements shall be all the real property specially benefited and which fr on ts or abuts on each of the streets and avenues to be impr oved , including the real property within one half (\) block of su ch streets and av e nues, and as more particularly set forth in the Noti ce of Hearing, as provided by a Resolution of the City Council passed and adopte d on the 3rd day of February, 1969. The kind of improv men ts and the streets and avenues on which such im - pro v emen s shall be constructed or installed shall be as follows: l. Necessary grading and excava tion, paving with 6'' com pac t e d gravel base course and 2" asphaltic concrete surface, concrete walks , curb and gutter where not already installed; together with appurtenances and incide ntals on the followin g street s and avenu e s: -34 - I • • ·' \ ! I f ~ ON Sgu th Banno ck S t ree t South Bannock Street South Ch e roke e Stree t Sout h Cheroke e Stree t South Cherokee S t r ee t Sou th Delaware S t r ee South Delaware Str e ~t West Eastman Av e nue East Eastman Av e nue East Eastman Avenue South Fox S tr e et South Fox S treet Sou th Galapa go Stree t South Gra nt S treet S outh Gran t Street S o ut h Huron Strcc S outh I nco Str eet West L ayton Avenue S oulh Moriun Str t • • FRON South side of West S tanford Avenue 305' north of West Chenango Avenue South side of West Keny o n Avenue Sout h side of West Oxford Avenue South sid e of West Stanford Avenue North side of West Mansfield Avenue Nor t h side of West Princeton Ave nue West side of South Fox S treet Eas t side of South Logon Street Eas t side of South Was hing ton Stree t North side of We st Nansfield Avenue Sou th sid e of West Quin cy Av e nue North side of West Princeton Avenue South side of East Floyd Av e n u e South sid e of Ea st Gi r a rd Av nue S outh side of We st L high Avenue South side of West K~nyon Avc-nu w~sl side of South Br o3d h•ny S l re t South sid of Enst F loyd Av 111e -35 - • North side of West Tufts Avenue North side of West Chenango Avenue North side of West Oxford Ave nue North side of West Quincy Ave nue North side of West Tufts Av enue South side of West Nass au Avenue North side of West Qui ncy Av enue West side of South Hur on Stree t West side of South Washing to n Street West side of South Clarkson Stree t South side of West Nassau Avenue Sou th side of West Stanford Avenue North side of West Quincy Av enue North sid of East Girard Avenue North side of East Hampd e n Avenue North s id of W s t Ma nsf i ld Avenue North side of Wes t L ehigh Avt•nue Eas t side of Sout h De laworc Street orth ·i d of Eas Gi rnrd Avenue I • • . , .. • \ ! .,. ·. • TO Eas t Nassau Avenue East Oxford Avenue South P earl Street South P ennsylvan ia Street South She r man Stre et • Eas t side of S outh Logan Street Eas t side of South Logan Street North side of East Princeton Av e nue South side of East Eastma n Ave nue Nort h side of East Union Avenue -36 - East side of South Pennsylva nia Street West side of South Clarkson Street North side of East Quincy Av e n ue North side of Ea st Floyd Av enue Sou th side of East Layto n Avenue ·' \ ! ! I • • 0 f 32xl ·. • • • • Section 3. Said Di stric t shall be known as and the same is hereby d e s igna t e d "Pav ing Dist ric t No. 18", in Englewo o d, C o lo - rado. Sec tion 4. Th e c o nstructi on o f said street and avenue improvements in and f o r the Distri c t, as shown by the plans, spec- ifications and maps t he r eo f, prepared by the City Engineer and ap- proved by the City Co uncil of the City and now in file in the of- fice of the Direc tor of Public Works, be and the same is hereby authoriz e d and o r de r d, the mate rial to be used in the construction of said stree t impr o v emen ts t o b e in accordance with such maps, plans and spec ifi c ati on s. Secti on 5. Th estima t e d total cost of said improvements is $325,570; it is proposed th a t the City of Englewood will pay ap- proximately $81,500 towa r d t he t otal c os t of said improveme nts . The approximate sh a re of the t o al cos t o be assessed per front foot upon any lot or tr a ct of land fr o nt i n g or abutting on said improve - ments and includ e d wi thin the Di s ri c t will not exceed the amount set forth in the No ti c e o f He aring , as provided by a Resolution adopted and passed by the City Coun c il on the 3rd day of February, 1969. S ection 6 . S a id ass e ssments will be due and payable with o ut d mand within t hir t y (30) days from and after the final publ ica ion o f t he Ordinance ass e ssing th P whol e cost of s a id im - prov em~nts agains th r al e s tate in s a id Dis rict . In th e v en t any o~~r o f r eal stat shall f ai l t o pay th whol of such a s ses s - me nt against his prop rly within said t h irty (3 0) days, t hen t he wh o l e cost of th improvemen so assess d a gainst his proper l y sha l l be pa y abl in t n equal annual installments of principa l. T he first of su h in ·tallmen s of principal shall be du and pa y able -37 - I . , \ I ! I • • - • • • • at such tim e as will be se t fo r th in t h e Ordinance levying as se ssments and the re~aind e r of said installments shall be due a nd payab l e sue ess iv cly o n the same days in each year thereafter u ntil all a r e p a id i n f u l l . The in teres t rate on installments of asse ssme nts sha l l n o exc eed the net effective interest rate p lu s o ne half of o ne p er ent (.5%) on the special assessment bon ds t o b e issued J 1 rt te net e ffe ctive interest rate on said bonds exceeds six p r -:e n (6%), but in no c ase shall the rate be less than six per c ent ( VI , and wi l l be more particularly set forth in the o rdinance l.evy ~ng asses sments to be later adopted by the Council. Sec tion 7 . By virtue of and pursuant to the Charter and Ordinan ce No. 14, Series 1965, as amended, of the City, local improvement bonds of the City shall be issued for the purpose of pa ying f o r the loc al improvements described in this Ordinance, in an amoun t not to exceed the cost of said improvements, including engineering, legal and all incidental expenses, as provided in said Cha rt er and Ordina nce. Section B. Th e issuance of and payment for said bonds shall be au horized by an o rdinance later to be passed in accordance with the Charter and said Ordinance No . 14, Series 1965, as amended, of said City . The max imum rate of interest on special assessment bonds for P avi ng Distri c t No. 18, shall not exceed seven (7)%, per a nnum, and s u ch ma ximum interest rate shall be set forth in the Not i ce of Sale of said bonds . Section 9. Th e Mayor and Director of Finance are hereby authori zed to advertise for bids to con struct such i mprovements a nd for bids for said bonds to b e issued , in three (3) c onsecutive weekly is sue s of The Englewoo d He rald , a new spaper of genera l c ir- culation publ i~hect in the Ci ty of Englewoo d , which adv er iseme nts may run co n curren tly with the p ubl i cati o n of this Ordi nance -3e • ·. . , • \ ! '! I • • - • • • Se ction 10. The C it y Co uncil hereby finds and determines that t he impr ovement s proposed to be constructed and installed will confer a s pecial benefit u pon the property within the District and a g•neral b enefit up on the City as a whole. S ection 11. By r ea son of the fact that the street improvement s d escribed herein, within the City of Englewood , are needed and should b e cons tructed and installed as soon as possible, and that it is necessary to issue and sell special assessment bonds for the payment of the costs and expenses of such improvements, it is hereby d ecla r ed that an eme r g ncy e xists, that this Ordinance is nec essary for the imm e diate prese rvat ion of publ ic property, health, peace and safe ty, and shall take effect upon final passage. Section 12 . All ordinances, or parts thereof in conflict h e r ewith are hereby repealed . This Ordinance, after its final passa ge, shall be r ecorded in a book k ept for that purpose, shall b e authenti ca t ed by the signatures of the Mayor and Director of F inance, ex-officio City Cl er k, and sha ll be published in a news - pap er having g neral circulation in the City, within s e ven days aft er final passa ge . S ection 13. A pub lic Hearing on the Ordinance will be held at the C i y Hall in Englewood, Colorado, on Monda y, the 21st day of April, 1969, at the hour of 8:00 o'c l ock P .M., b e fore final pa ss a ge thereof , and that th Ordinance be publi shed in full one time in th~ edition of the Englewood He rald dated April 10, 1969. I NTRODl CCD AND PASSED 0 FIRST READING This 7th day of April, 1969. (S EAL) }lay or ATTEST: D1rc•c tnr cd F~llillt< , ex-offici City Clrrk -3 9 - J ·' I ! '! I • • f • • • (T he follo1,ing sh ould be inserted on final publication) FINALLY ADOP TED AND APPROVED This 21st day of April, 1969. ( S E A L ) ATTEST: D1r e ctor of F1nance, ex -officio City Clerk Mayor -40 - I • • . , ·• I I I f '!' • • ---------------------------------------------------------~ • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 21, 1969 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado , met in regul ar session on April 21, 1969, at 8:00 P.M. Mayor Schwab , presiding , called the meeting to order. The invocation was given by Reverend Bruce Currier of the Hampden Hills Baptist Church. Pledge of Allegiance was led by Boy Scout Troop No. 333. The Ma y or asked for roll call . Upon the c all of the roll, the following were present: Councilmen Brown, Dhority, Kreiling , Lay , Lone , Parkinson , Schwab. Abs ent: None. The Mayor declared a quorum presen t . Also present were: City Manager Dial , Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon . * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF MARCH 17, 1969, AND APRIL 7, 1969, AND THE SPECIAL MEETING OF APRIL 4 , 1969 , BE APPROVED AS READ. Upon the c all of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone , Parkinson, Schwab. Na y s: Non e . Absent: None. The Mayor declared the motion c arr ied. * * * * * * Ma yor S chwab recognized the foll owing from the list of "Speci al Citizen Program I nvitees": Mr . and Mrs . William C. Cline , 2774 South Bannock Street. Mr. and Mrs. E . F. Dunham, 5001 South Clarkson Stre et . Mayor Schwab also recognized Mr. and Mrs. Adolph Lukezic, 4548 South Bannock. * * * * * * Mayor Schwab recognized the student counterparts of the City officials for the 1969 Student Government activities and welcomed them to the meeting. May 5 , 1969 I (a) • I I • • • I .• I ! f - • • • Dave Kavan Russ Woods Ed Karlson Sue White Frank Coberly Judy Ahrens Kathy Fishb a ch Dal e Marcotte Allen McPherson • Mayor Elmer E. Schwab Councilman Lou Parkinson Councilman Richard Lone Councilman Howard R. Brown Co uncilman John J. Lay Councilman John Kreiling Councilman Dallas J. Dh ority City Manager Stanley H. Di al City Attorney John Criswell * * * * * * Mr. Beryl Wallace, Chief Building Inspector, appeared before City Council on behalf of the Building Code Committee and presented and reviewed a mem o r andum recommending ce rtain changes within the City of Englewood's Building Code. Mr . Wallace discussed the major changes recommended to the Code. Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE REPEALING SECTIONS 13.13 THROUGH AND INCLUDING 13.14-4 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TOGETHER WITH ALL ORDINANCES AMENDING THE SAME, AND ADOPTING BY REFERENCE , IN LIEU THEREOF, CHAPTERS 4 THROUGH 43, 45 THROUGH 52, AND 59, EACH INCLUSIVE, OF ORDINANCE NO. 1, SERIES of 1969, OF THE ORDINANCES OF THE CITY AND COUNTY OF DENVER , STATE OF COLORADO, AS ADOPTED ON THE 17TH DAY OF JANUARY, 1969. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE AND THAT A PUBLIC HEARING THEREON BE ESTABLISHED ON MAY 19, 1969, AT 8:00 P.M. AT CITY HALL. Upon the c all of the roll , the vote resulted as follows: Ayes: Councilmen Brown, Dhori ty, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab thanked Mr. Beryl Wallace for his 15 ye ars of service to the City prior to his retirement on April 30, 1969. * * * * * * Mayor Schwab recognized Mr. and Mrs. Frank B. Golus, 3195 South Clarkson Street from the list of "Special Citizen Program Invitees." * * * * * * The minutes of the Planning and Zoning Commission meeting of March 19, 1969, were received for the record. * * * * * * -2-I • • . , f • • • • The minu tes of the Board of Career Se rvice Commissioners meeting of April 17, 1969 , were received for the record with a l etter recommending employee benefits for 1970 attached . THAT THE BENE FITS RECORD . COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, LETTER OF RECOMMEND ATION IN REGARD TO 1970 EMPL OYEE BY TH E CAREER SERVICE COMMISSION BE RECEIVED F OR THE Upon the c all of the roll, the vote r e sulted as follows: Ayes : Councilmen Brown , Dhori ty , Kreiling, Lay , Lone , Parkinson, Schwab. Nays: None . Absent: None. The Mayor declared the motion c arri ed. * * * * * * The minutes of the Parks and Recre ation Commission meeting of April 9, 1969, we r e received for the record. * * * * * * A proposed agreement between South Englewoo d Sanitation District and the Greenwood Village S e wer District was received for the record. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE PROPOSED AGREEMENT BETWEEN SOUTH ENGLEWOOD SANITATION DISTRICT AND THE GREENWOOD VILLAGE SEWER DISTRICT . Di s cussion ensued . Upon the call of the roll , the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Krei ling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. Th e Mayor declared the motion c arried. * * * * * * City At torney Criswell presented a me morandum dated April 18, 1969, i n regard to the European Health Spa. Mr. Criswell stated th a t unde r the present ordinance of the City of Eng lewood the Europe an He al th Spa wo u ld b e deemed an i l egal operation and would have to be c losed. Mr . Cr i swe l l sta ted th at it was hi s understanding that this was n ot the original intent of the ordinance and, therefore, presented in his mem o randum seve ral alternate methods of dealing with the problem. It was the consensus of Council th at no requ ·rements for licen sing of employees of the European He a lth Spa be established o her th an requirements for tho se providing massage service to the He a lth Spa customers . -3- ·' . , ' r ! I • • ' • • BY AUTHORITY ORDINANCE NO. 17, SERIES OF 1969 AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 18, ORDERING THE CONSTRUCTION THEREIN OF STREET AND AVENUE IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CON- TRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY, AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 17, SERIES OF 1969, BE PASSED ON FINAL READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Attorney Criswell reported in regard to the liti- gation against Mr. Oliver S. Kingsley brought by the City to cause Mr. Kingsley to clean up his property located at 2350 South Tejon Street. Mr. Criswell stated that at a recent court hearing the court had refused to extend the time limit on the order for Mr. Kinsley to clean up his property on April 15, 1969. Mr. Criswell stated that the City of Englewood can now clean up the Kingsley property and place a lien against the property for the City's costs. * * * * * * Mayor Schwab called for a recess at 9:30 P.M . Council reconvened at 9:50 P .M. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Absent: None. The Mayor declared a quorum present . * * * * * * City Council discussed establishing a tour of the Swedish Hospital facilities on May 5 or May 12, 1969. * * * * * * -4-I • • . , •' \ ! I f ~ • • city Manager Dial requested approval for Chie f Jack C lasby and Off~cer Donnell Stanton to attend the N a~io nal Police- Community Re lations Training Seminar in Los Angeles, June 8 through June 13, 196 9. Mr. Dial stated that the estimat ed c ost for the trip is $600 , and that th e funds are budgeted. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT CHIEF JACK CLASBY AND OFFICER DONNELL STANTON BE AUTHORIZED TO ATTEND THE NATIONAL POLICE-COMMUNITY RELATIONS TRAINING SEMINAR I N LOS ANGELES, JUNE 8 THROUGH JUNE 13, 1969. Upon the c all of the roll, the vote resulted a s follows: Ayes: Councilmen Brown, Dhori ty , Kreiling , Lay, Lon e , Parkinson, Schwab. Nays: None. Absent: None. The Ma y or declared the motion carried . * * * * * * City Manager Dial stated that in the minutes of the career Service Board meeting of April 17, 1969, there was con- tained a recommendation to council that the grade of the Chief Building Inspector b e raised from 26 to 27. Mr. Dial state d that he concurred with the recommendation and reviewed the pay of other building officials within the metropolitan area. RESOLUTION NO . 17, SERIES OF 1969 A RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968, AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO . 17, SERIES OF 1969 BE ADOPTED AND APPRO VED. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED , THAT RESOLUTION NO. 1 7, SERIES OF 1969 , BE TABLED FOR FURTHER CON- SIDERATION. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Lay, Schwab. Nays: Councilme n Kre ili ng, Lone, Park i nson. Absent: None. The Mayor declared the motion carried and Resolution No. 17, Series of 1969 tabled. (Note: Due to the fact that the above reso lution was tabled before final passage it is not cop~ed in full in the official Resolut~on Book, and a n ew resolution number will be assigned to it upon final passage.) * * * * * * C~ty Manager Dial stated that Mr. Nate Burt, 5200 South Broa dway , had ind i cated that he would a ttempt to raise funds f rom merchants in the Brookridge Shopping Center area to assist the City of Englewood in installing a traffic signal at Centennial Avenue and South Broadway. Mr. Dial stated that Mr. Burt h a d since reported to h i m hat he was having very little success in raising funds to assist the c~ y . -5- I • • . , ' r ! - • • • city Council discussed the possibility of f o restalling the $25,000 expenditure for school signals i n order to fin ance this traffic signal and the signal located at Clarkson and U.S. 285. * * * * * * City Manager Di al discussed Senate Bill 354 relating to Fire P ensions which is presently being con sidered by the colorado Legislature. Mr. Douglas C. Sovern, Fire Chief, appeared before City Council and discussed v ar ious provisions of the proposed bill. At the co n clu sion of the discussion City Manag er Dial stated that he would convey to Arapahoe County Legislators that the city would not be in favor of a provision escalating s alaries of people on r et ire me nt in proportion to increas es in salaries of individu als in the same rank presently employed by the City. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO PREPARE A SHOW CAUSE ORDER IN REGARD TO THE LIQUOR LICENSES OF THE ZUIDER ZEE RESTAURANT, 1001 WEST HAMPDEN AND THE PEANUT BARREL, 3535 SOUT H HURON WHICH AS OF THIS DATE HAVE NOT BEEN CONSTRUCTED. Upon the c al l of the roll, the vote resulted as follows: Aye s: Counci lme n Brown, Dhority , Kre i ling , Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion c arri ed . * * * * * * City Council discussed a progr am of clea ning up j unk c ars within the City of Englewood and the fencing of property le as ed from Mr. Ernest Herbertson n e ar the Sewage Disposa l Plant for the temporary storage of those cars . * * * * * * City Counc il discussed the location of new Fir e and Police Headquarter s. * * * * * * COUNCILMAN LONE MOVED, COUNCIL MA N PARKINSON SECONDED, T HA T THE ME ETING BE ADJOURNED . Upon the c all of the rol l , t h e vote r es u lted as f ollow s : Ayes: Counc ilmen Brown, Dhority , Kreiling, Lone, P arki n son , Schwab. Na ys : Cou n ci l man L ay. Absent: No ne . The Ma yor dec lared t h e mo t i on c arr i ed and the meet i ng adJourned a t 11:10 P .M. I • • • I • - TO : Stephen A. Ly on , FROM : Charle s B . Carroll, Jr ., SUBJECT · Budget Revision Request you take necessary Sewer accounts, in the m follow ing : Justif ication : Accou Acco 1 . In the Water accoun INTER-OFFICE MEMORANDUM ($6,840 P .A.) was erro ,.....LJ.B~ is , in fact, carried in account 10-520 .20 . '·APR ·21 ~ ,, $ 22 ,280 to $ $ 12 ,500 to $ -I FlellJ1ng , 2 . Al so i n account 9-430 .20 , Mr. Staples was recently hif-e n a Grade 17 step A; therefore his salar y for the remainder of the year will approx i mately be $3 ,800 . 3 . In the Sewer account 10-520 .20 , Mr . Fleming's salary of $6 ,840 will be ref lected in addition to that of Mr . Owen at the same r ate . 4 . Addi tionally , I propos e to hire a Maintenanceman I to supplement the three personnel presently working in sanitary sewer maintenance . With a fou rth man there will be two independen t crew s which will incre ase the overall efficiency of t he section; and will all ow more time spent on flushing of mains . The current budge t calls for a total of 5 maintenancemen I for a total cost of $34 ,780 . The recen tly hi re d man, plus one additional will bring the sections u p to strength {5) a nd will stay with i n the budget allotment . CBC/ng cc: Stanley H. Dial, City Manager '. I .,. I • • - • ROL L CALL BROWN DHORIT Y KREILING LAY LONE PARKINSON SCHWAB ( • • . • • I • • - • ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB • • • ~ .. I • • - • ~ 0 z 0 u e; ROLL CALL BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB - • • . • • ;,t § I . . 0 . , ~ 0 z 0 u ~ ROLL CAL L BROWN DHORITY KRE I LING LAY LONE PAR KINSON SCHWAB • ' . 0 • Ul UJ ~ >< ~ ~ v v v v v v 1..#' I . • • -• ·. • r ~--c=. @ ROLL CALL Ul Ul [,l >< ~ ~ BROWN DHO R ITY KREILING LAY LONE PARKINSON SCHWAB I ~ /~ -~ ~~ :<:· . t ....- ,-qiC H I . • 0 • • - 0 • ROLL CALL Vl til >< ~ ~ ~ ~ BROWN ~ .---- DHO RITY v ---1- KREILING L.-:.....- LAY -c:;; ----LONE 1---PARKINSON &...--" __... SCHWAB ;...I"" l R --~~....- ~cj,/ J~ ~ d~.&,/ ,.~~..- I . . ' • - ~ • q z 0 tJ ~ ROL L CALL BROWN DHORITY KRE I LING LAY LONE PARKINSON SCHWAB t U) Cil ~ 1..-- c..-...... v I/ ........ • • • U) >< ~ " ' I . • • -• • ROLL CALL S(bJ • " /?/; (_a ------ . - I . • , - ROLL CALL !@ 0 ~ u t>.1 _.til BR OWN DHORITY -KREILING LAY LONE I PARKINSON SCHWAB • 0 • 4: ...,i;c _1 @ \ I '!' I . • • -• • @ ROLL CALL BROWN DHO RITY KREILING LAY LONE PARKINSON SCHWAB I . . ~-,-------.. ------' • '! - ~ Cl :z; 0 u ~ ROLL CAL L Ul Ul ~ >< ~~ BROWN 17 DHO RITY v KREILING ,... LAY y LONE v PARKINSON SCHWAB v v Sl-IP ~AI ?,; .. ., .. Jl .f..."' t '-t ,...,, • .... - • 0 • I . • ' - ,~ l • I 0 z 0 u ~ I ROLL CALL Ul Cil ~ BROWN v DHO RITY v KRE I LING LAY v LONE I PARKINSON SCHWAB t """ • . . 0 • . ' Ul A: ---- -v 17"" "71 ""-1 --< I . • ) •' \ ! I ' 'r - ~ a z 0 u ~ ROL L CALL UJ ~ ~ BROWN DHO RI TY KREILING LAY LON E PARKINSON SCHWAB UJ >< :; • 0 - p,s-c: .-rs,:.~ C::Jo/~nr C/~f'. t,_/-.:1 .._.,,#... eJ.-.£"to ;.,..,..t~~""''-.-· . ' \ ! .,. I· • ~ • ~ 0 u e; ROLL CALL BROWN DHO RITY KREILJNG LAY LONE PARKINSON SCHWAB I • 0 • ~ § v v v v ,... .... "' (. "e:;) .,.,/,.._ ) -3 ._.---"=-c. CL-V"'-..J"' c....l ~ ...__ .........,. - ..s: /-1 0 .r--:7 ..r c.. a.-~. ,·~ .-/(.' .. ..., A ....._ f L " ... ,. -a.• J::' .._ e.' J .fo .,.-c.. .. .,.. .r..,_ ...... ~., ~ •.. '? , .... ., V· - ~-,...._.,..,..) ,. .... t""·-~ :j J, ,·.A .r r· '"' I • • ' X - ~ • I § 0 u f:l ROLL CAL L BROWN DHORITY KREILING LAY LONE PARKINSON SCHWAB / • 0 • Ul Ul w >< ;; ~ l v L ..... v "' v , I I I . • • . .. • 0 .. NOTICE OF PUBLIC HEARING Notice is hereby given that the City council of the City o f Englewood, Colorado, shal t hold a public hearing to commence ~t 8:00 P.M . on Monday, M~y 19, 1969, in City Hall, 3400 South Elati Street, Englewood, Colorado, on the following proposed bill for ~n ordinance . • I • • . , I ! I ~ - • ' I I NTRODU CED AS A S I LL BY C O U~C IL H AN ~cour JL G FI LE: L GL>J.' OD, C O L O . A BI LL FO AN ORDI NA NCE REPEA LI NG S EC TI O~S 13 .13 THROU GH A~O I NCLUDI NG 1 3 .1 4-4 OF THE MUNI CIPAL COD E OF THE CIT Y ~F EHGLEWOO O TOGETHE R WIT H All OAOJMANCES AM EN DI NG THE SAM E, AND AOO PTI HG BY RE FER ENCE, I H LI EU THEREOF , CH APT ER S 4 TH ROUG H 4 3 , 4 5 TH R UG H 52, A 'D 59, EAC H I NCL US I VE , OF ORD I HA CE HO . 1 . SER I ES OF 1969, I)F HI E OR IN AUC OF THE CITY AND COU"TY F D E ~V ~R . ST ATt 6 F COLORAD O, AS ADOPTED ON THE 17T H DAY OF J AN UA RY , 19 69 . BE I T OR Al HE O OY THE CITY COU NC IL OF THE CI TY OF ENGLEWOO D, COLORAD O, a s follows : Sec t ion 1. Sections 13 .14 -1 through, and including, Section 13 .14-4 , of t1ie Municipal Code of the City of Englewood , are he r eby repea hd. Section 2. Sections 13.13, lJ .ll -1 and 13.13-2 of the t1 un ic1pal Coifi of the City of Englewood . u a111ended by Ordinanc e No . 7 , Series of 1966 , are hereby repealed and re -enacted to rea d a s follows , to-wit : 13 .13 Denver B u 1_1_dj_n _g_~ode_s_ Ado p ted. Ch a pters 4 throu ~h 43, 4~ through 52, and 59, each inc usive . of Ordinance No . 1 , Series of 1969, duly adopted by the City Counctl of th e City and Count y of Denver on the 17th da y of January , 196'1, are he r e by adopte d y refe rence , wit h the sa•• force and effect as if the sa.e were set forth herein 1n full , subject to the exceptions, •odt ficat1ons and a .. ndMnts thereto hereinbelow set forth. 13.13 -1 General Cha~es tn Adopted Ordinances. The fol - lowin g ge neill-clt'in ges.·llo -dtffcat1oas and a•-nd••ts are here by •ade to each of th 8 ordi n anc e p rov isi o ns a do p te d b y 13.13 t o -wft ; (a) Wh erever the words "City and County of Deaver -appear fn the sa1d Ordinance No. 1 , Series ef 1969 , such ~ords s h all be deleted and there s hall be substituted therefor the wor~s "City of Englewood ' and wherever just the word uoenver • appears ft shall be delteed and there shall be su b stitute d t herefor t he word "Eng le wood. (b ) Whe rev e r th e words "M ana ger of Health and Hos p itals " appaar in the said OrdinaAce No. 1 . Serf e s of 1969, s uc h word s sh all be de l e ted and t h ere s hall be su b - stitut ed t he refor the words blrt -Ceunty Health Depart- me nt . • (c) here v r th e words 'Ar ticle 2 34 , R e v is~d ~un1cf p al Co de " ap pe ar fn the s aid Ordinance No . 1 , Serie s of 19 69 , s uc h words sh all be de l eted an d t he re s h a l l be su bstituted t herefor the wo rd s YJ FPA, Pa•ph l e t 30.• (d) he reve r t he wor ds "Chapter :;3 ~ a po ea r s in t he s a id Or d f nan c e No . 1 , Se ries o f 1969, s uch wor ds shall be dele t ed and t he r e sh all be s ubs titute d th refor th e wor ds •sec tfon 1 3 .23 of t he Munici pal Cod& of t he City of En gle wood . • ---~ ----·~---- I ' • • • 13.13 -2 S ec1f1c Chal!j!S 1n Ado~ted Ordinances. The fol - lowht specTffc cilal.gu,-liodtffcatlo .. -i a•d ••nd•nts ,,.. hereby ~•de in the prov1s1ons of Ordinance No. 1 , Series of 19 9, hereinabove a4opted l Section 4 Q~. Add at th e end of paragraph "Garage Repatr• a aew paragraph as follows : •c ara ge Service, is a11 y bufldin g or portion thereof used for c h an ge of pa rts only.' Section 400 -8. fter the paragraph NValMe or Valuation• diTifetne-wirds •see Sectio• 13.7 of the Revised i4 ufticipal Cocle. • s ~ct1on SU4. In the last sentence of swbsection (e) delete ~iit part of the said senteftce beginning w1t h t he words "the Zontng Ad•inistrator • and substitute therefor the words uCh ief Buildtng Inspector under euthortty granted in Ordinance ffo. 26, Sertu of 1963." Sectton 511. In the ftrst sentence delete the follo wing words ~u-fTdtn g licensees Class A, 8, C and Ho1111 Owne rs , Wrecking licensees Class A and B h and substitute the fol- lowing words "Buildi•g co•tractors, ho .. owners aRd wrecking contractors. • Sectton 910. In subsection (b) delete the last sentence eg nn ng wtth the words "The Board of Health and Hospitals . Section 1002. Add a new subsection (b) 6. to read as follows : ~owou panels •ay be required tn certatn locations by the Chief Building Inspector." Section 1010. In subsection (a) in the first sentence after the words •ory c1eantng plants• add tho followtng words "using coabustible solvents.• • "11n subsection (d) in the last sentence delete the fo1 - lowtnv words "A rticle 762, Revhotl 14unfcipal Cocte• and add the followtng words "O rdtaance No. 26, Sertu of 1963.'' Sectto• 1109. 111 subsectioa (b) h the ft rst sentence de - lete the fo11ow1ng -ords 'aore t han one • and insert t he fol - lowing words "one or •ore.• Se ction 111 0. In subsection (d) delete the follo ~1ng words *Arttcle 762, Rewtsed Municipa1 Code " and substitute the words "O rdinance No. 26, Series of 1963.w Sectton 1405. Add at the ead of subsection (d) t he followin g words 'A waste disposal shall not be required wh n th e dw e llin g 1s coa11ected to other than a saattary sewer.· Sect ton 1500. Delete uti rt Sect to• 1i an4 insert th e fol - lowing : CH APTER II -REQUIREMENTS FOR &ROUP J OCCUPANCIES SEC TI ON 15 0 1 ROUP J OCCUPANC IES DEFINED. 're, J occ~p ancies sh all b t : Oiwhion 1. Prhate garages. slte4s 111d •inor b ,11ldin gs used as accessories only when not over one t h ousand ~q uar e feet (1000 sq . ft.) 1n .rea. -2- • . \ ! . --- I f • • Otvtstoa z. Feaces, water tanks, towers and retafn1ng walls. For occupancy separation see Table No. 5-B. SlCtiOI 1502 CONSTRUCTION , HEIGHT ANO AREA ALLOWABLE. (a) GENERAL. Bufldfngs classed as Gro,p J shall be of Type I. I I. I I I. IV or V construct ton u specf fhd fn Part v of this Code. The floor area shall not exceed one thousand square feet (1 ,0 00 sq. ft.}. The hefght shall not exceed one (1) story . When any building exceeds the lf~ft specfffed fn t h fs Chapter it shall be classed fn t•• occupancy group other than Group J that ft •ost nearly rese~les. Structures of sheet ••tel or corrugated ••tal shall not be per~ftted fn resfdentfally zoned districts. (b) SPECIAL PROVISIONS. No roo• used for sleeping purposes shall open directly fnto a prtvate gerage . SECTION 1503 LOCATION. (a) IN CITY. For restrfctfons on Types III, IV and V Construction fn Ffre Zone No. 1, and rostrfctfons 01 Type V ceutr11ctton h Ftre Zones No.2 and Ito. 3, set StctfoM1602, 1603 uti 1604. See Dhtrtct Zo11 rogulat1ou for rutr'ctfons fn Dhtrtct Zones (see c•o-tow 22 of the Munfcfpal Code of the Cfty of Englewood). (b) ON PROPERTY. See Otstrfct Zone regulations for set•ack require .. nts (See Chapter 22 of the Kuntctpel Code of t~e Cfty of Englewood). (c) EXTERI OR WALL AND OPENING PROTECTION. Butldfngs of Type IY or I Constr•ctfon shall co•ply wtth the followfng : Exterfor wAlls, or parts of wells, except on street fronts, houstng Dfvision 1 occupancies, which are less than three (3) feet fre. adJacent property ltnes, shall be pro- tected oa the extertor wfth lat• an4 plaster approved for one-hour ftre-resfsttwe ~oastructfon. For regulatf1g adjacent bufldtnos on the sa .. property, see Sectfon 504. S£tTJON 1504 STAIRWAYS. Stafrways ta Dtwtsto1 1 occupancies &hall co•ply wtth the prowfstons of Sectten 1404. SECTION 1505 ENCLOSURE OF VERTICAL OPENINGS. Vert1cel openfngs need not be enclosed. SECTIO 1106 Fl £-EXTIN&UISHING APPARATUS. ffre-exttngufshfR g apparetus shall be tastalle4 11 requfred fn Chepttr 38. Wlttre ••re tha1 tllret (l) auto•obtlu are stored h any prtwate garat•• tllere sball 'e Installed 11t less t~a1 tnt two ••• one-llalf (Z -1/Z) ge11ol cheatca1 exttnoutslltr for eec h ftve cars or •ejor frect1on thereof. -3- I ( ' • • SECTI ON 1501 SPECIAL HAZARD S, Chf •ne ys and wents s hall be constructed tn confor•ance w1th the requ 1 re •eats of Chapter l7 . SE CTI ON 150 8 FENCES AND RE TAI NING WA LL S . (t) Classtftcatton : 1. Masonry wall s: 2. Ona•tntal t ron • l. Wowe n wt r e ; 4 . Wood p ick e t (•ore than 5 0S open): 5 . Soltd fence s (wood or .. tal less than 5 01 open ); 6. Hedges . (b) Fences fn re s ide nce and bustnes s districts and fences e•clostng plots used for dwellint purposes 1• all d1s - trtcts shall conform to the follow1•t requfre .. nts. 1. Fences erected tn front of the front butld tng ltne shall be of Class Z, 3 , 4 or 6 , and shall not exce ed a height of three feet stx tnchtl (3' 6 •), Z. Side yard fences back of th e front bufldtn g lin e shall be of any class, but shall not exceed a height of three feet sfx tnchea (3' 6 •) to tat rear of the neighborhood ,_elltn g, and 1 hetght of six ftet (6 ft.) fro• the rear of aatd dwtlltn g to back property ltne. 3. Rear yard fences .. , bt ef any class, but s hall not e xceed • hefght of stx (6) feet. 4. For butld1nga loctttd •• cor•er lots, the restrtcttons for ft•ces tn the yard factn g on t he s tde stree t shall be th e sa•• as fn paragraph 1 for front y ard fences. 5. o barbed wtre or other s harp pof•ttd fence, and •o electrtctlly charted fe•c•. shall bt erected or attn - hhed. 6 . In case of a fence erected on top of a retttntng wall, tho hetght aha11 be .. aaure~ fro• tho grade of the hfgh stde . In cue of 1 fence erected adjacent to and parallel with 1 retatntng wall, but on the low stde ef such wall, t he ht1ght of the fence .. , be .. asured fro• the top of the wall. 7 . On corner lots no feace, retatntng well, shru~. trot, or st•tlar obstructtoa shall be erected er .. tatatned whtch obstruct• t he trafftc wtaton. A rear yard feace for t dtstanct of 15 feet back shall taper dew• to three feot sfx taches (3' 6•) on the street stdo property lfne. 8 . Any dt la ptdate d , unsightly, or daRttroua fenc e shall be re •ow e d wht a so ordered by th e Cht e f lvf1d1R t IRs pe c-tor . 9. t tefn fng walls s hall oe adequately desftRtd and draf•ed s o 11 to reaf s t all lateral pressure to whtc h they aay bt au ~je ct . Rete tn f no walls s hall not be erected tn an y freat yard whe• tn t he o pt•fen of th e Chf e f l u11dfng I•apector , s uc h retat nfa g wall woul d ot unst ghtly or detrt .. ntal to adjotnf•o pro perty. Re tatnf ng wall s t n r e s tden ttal trots sh all not exceed -4 - ---------- I ! '! f 0 • three feet six inches (l' 6 ") in height unless stepped back one foot for each one foot of additional height. Any variance must be approved by the Soard of Adjust .. nt and Appeals. 10 . When, tn h1a judg•ent, the public health, safety and welfare wtll be substantially served and the netghbortnt pro- perty will not be 11aterhlly da•aged and a copy of an agree- ment between ne1ghbor1ng property owners is filed 1n hts office , the Chtef Building Inspector ••Y. at hfs discretion, wary the requtre .. nts of this Section. Section 1601. De lete subsection (a) and insert new subsection (a) u follows : SEC TION 1601 GENERA L. (a) Ftre Zones De ffned. For the purposes of this Building Code, the Ctty of Engle- wood tn its entirety shall be and hereby ta declared to be a Ftre Dtstr1ct whtch Ftre Otstrfct shall be known and co•poaed of the following areas : Ftra Zona Mo. 1. Fire Zona Ho. 1 shall htclude all the area 1ylng whhtn the following described boundaries: Starting at the intersection of East Floyd Avenue and South ltnceln Street, thence aouth to Highway 1286; thence westerly along Htghway 1285 to South a .. nock Street, thence north to the north line of the S l/2 S l/2 of Section 34, T4S, R6 8W or East Floyd Awenue eatended, thence east alo•g said lint to the true poiat of begtantag. Fire lone Ho. 2. Ftre Zone No. Z shall tncluiM all t he area Tllii within the fallow1at deacrtbed ~ouadartes except tbat which ta in Ftre Zoaa Ho. 1 : Starting at the intersection of South Broadway aad Yale Avenue; thence east on Yale Aveau e to tie alley between South Broadway and South Ltacola ; theace south to East East~ Awenue ; thence east oa East East .. • to tae alloy between Sout~ Sheraan Street and South Great Street ; theaee s.uth to the eateaded north line of let 30, lloct 7, Pre•1er Addition, thence east oa satd eate•ded •orth ltae to Sou~ Love• Street; the•ce south to the extended north 11ne of Lot Zl, Block 5, Westview Add1t1oa; theace east alont said eateaded lot ltae to the alley betweea South lagaa Street aad So1th Pe••srlwanta Street ; theaca stuth to Mlghway IZII ; the•ce wast ta South Loga• Street ; thence souUI to Eut Jefftrsoa rhe; thence .. rtlawuterly tt Stuth Shtraaa Street; tla ea ce south te tie eattndtd aorth 11ae of l ot 35, Bltck Z, H1tt1ns 8rtadwa1 Addittoa, theace west altag safd txteaded lot ltae tt tlae aller ~atweea So1th Ltacola Street aad South Shar .. • Street; tlaeace soutla tt East len1•• Aveaue ; tlae•ce west to tbe alley betweaa South lroadwaJ aad South l incola Street ; theace seuth to East Ch enaago Avenue; thence east to th e aortheast cor•er of Lot 13, Locust Gardens ; theace south aloat said eateaded east lot 11•• to aorthwest c orner of Lot 18 , Locust Garden s; thence east along extended s afd e ast lot lfae to the eertheast ctraer of Lot 18 , Locust Garoaaa ; theace aeuth tt (aat lellevtew Aveaut; t heace east to a pofnt due north of the no rthwest coraer tf Ltt 20, llock 2, 8 rootr1dte He1ghta Subdtvtstoa1 tlaeace south aloat the west liaea tf Lota 20 thrtuth lJ, Black 2; thaact southeasterly -s- , \ I I '!' ---------- I - • • ,. . 111.30 feet along the westerly lot lfnes of lots 11 and 12 , Block 2 ; thence southwesterly 122 .15 feet along the westerly lot lfne of lot 9, Block 2 ; thence southwesterly across Cen - tennial Avenue 61.02 feet to the northwest corner of lot 7, Block 3, Brookridge Heights Subdtvision; thence southwesterly along the westerly ltne of lot 7, 1!0 feet; thence south - easterly along the southerly lot lfnes of lots 7 to 12 ; thence southeasterly 59 .76 feet along the westerly lot lfne of lot 12 ; thence southeaaterly 420.90 feet along the southerly lot lfne s of lots ll to 19• thence southeaaterly 174 .20 feet to th e southeast corner of lot 21, Block 3 ; thence southerly 375.4 2 feet; thence southeast 989.15 feet ; thence east 151.37 feet : thence south 206 .95 feet to the south lfne of the Northeast 1/4, Section 15 , T5S, R68Wj thence west along the safd south 11ne of the NE l/4 Z1J5.31 feet to South Broadway; thence 1orth along South Broadway 1140 feet : thence west alon g th e north lfne of Rafferty lane (Ffrst Avenue) 586 feet to the southwest corner of lot 14, Ra fferty Gardens Subd1vfs1on ; tbence north along the west lfnt of safd lot 14 to the center- lint of Big Dry Creek; thence northwesterly along Bfo Dry Creek to the west ltne of lot 1, lnterurben Add1t1on ; thence north on sa1d west lfne extended to lehow Avenue ; thence southwesterly along lehow Avenue to a pofnt 50 feet easterly of the west line of lot 16, Interurban Additton Extended; thence north on a line 50 feet east and parallel wfth the west 11ne of said Lot 16 extended to Wes t Belltvfew Ave nue ; thence east along West Belleview Avenue to South Aco•a: thence north along South Aco•a Street to West layton Avenye; theaco east aloat West liJton AvtnYe to the alley between Sowth Aco•• Street ••~ Sowth Broadway; thence north alon g aatd alley to Hfghway 1285 ; thence westerly along Htghway 1285 to Stwth Bannock Street ; thence sowth on South Ban1eck Straat to the north lot lfne exten~e~ of lot 63 . Block 5, Skerrftt's Ad dition Se cond Ffling; thence west along satd extended north lot line te Sowth Elatt Street; thence aorth on South Elatt Street to Ntthway 1!15: thence west along Hfgbway 1285 to South Saata Fe Drtve ; thence northeesterly along South Santa Fe Drtve to the south lfnt of the northeast 1/4 of southeast 1/4 of Sectfon 33, T4S, •aaw; thence east oa said south 11ne to the east ltae of satd Section 33 ; thence cont1nu1ng east on the soutb lfne tf the aortb l,l .!f th' South l/2 of lection 34. T4S, R68wXte the alleyet .. tn South > Aco .. Street ••-South lroadwtJ: thence •orth along satd alloy to W•st Yale Avenue• thea~ •••' te pe1nt of begtnntng. Also, t he following described area : lagtantng at the pofnt of 1nterstct1on of the ceater ltne of Vest le11evfew Avenue and the east ltno of the SV l/4 sv l/4 SE 1/4 Sectfon 8, TSS, R68W; thence west along West Belleview Avenue to the west lot ltnes extended of lots 7 through 13, lltck 18. '••- tenn1a1 Acres Second Ftltnf• thence northerly along weat lot lines extended to West Bel ewood Drtyo; thence easterly along Wast Btllewood Drive to South rede ral Boulevard ; th e nce nort h alon g South Federal Bou levard to the south 11ne of Centennial Acres Fourth Filing; thence east along the south ltne of said Fourth Filtno to the east lfne of the v 1/2 sv 1/4 SE 1/4; thence south along satd east line to the true pofnt of begfnnfn g. Also, t e followin g described area : Beghnfn at the intersection of West Evans Avenue and South Zunf Street ~ thence east to the 1ntersectfon of Vest EYans and Sout TeJen ; thence south to the alley exten~od between Vest Evans Avenue and West Adrfatfc Avenue : th e nce west alon g safd alley ectended to South Zuni Street ; t hen ce north to pofnt of be ginning . -6 - I ' • • Ftre Zona Mo. 3. Fire Zona No. 3 shall include all t•• •~•• of the C1ty of Englewood except that which ts included 1n Fire Zones No. 1 and No. 2. Section 1715. In the f,i rst unt .. ce delete the followhg words wxrtfc e~· and substitute the followin g words •section 13 .16 of the Municipal Code of the Cfty of Englewood.~ In the third paragraph delete the followi ng words •A rticle 533 " and •zoning Ad~in1strator• and substitute the followin g wtrds •section 13 .26 of the Municipal Code of the City of Englewo od • and 8 Chief Bui ldin g Ins pe ctor.~ Section 2400. In the last sentence delete the followin' words •chapter 1 of this Building Code• and substitute th e fo lowin g words •se ction 13.9 of the Municipal Code of t he Cfty of Eng le - wood. • Secttt• 2101. In the first sentence delete the following words ~ap tr 3' and substit•t• th e followin g words •chapter 13 of tht Mun1c1pal Code of the City of Englewood." Section 280 1. In subsection (c) para,raph 5 in the last sentenca-..Tete the fo11ow1ng words • 12 of tbt lui1dtng Code • and substitute the ftllowing werds •z7 of the Hunic1pal Code of the City of Englewood.• Sectton 2105. In s•bsect1on (a) tn the first sentence after the woris *Accessery l•i1d1•g• 1nsert the fo11owfng words •of Type IY er V construction except •asonry veneer b uildin g.• In subsectton (b) tn the first sentence after the word •&roup• delete the letter •t• and substitute the letter •J.• Secttoa 2130. In the heading of tht Table No. 28A after t he words •type III Building• add the following words •aad Type Y ••• .. ry •••••r butldtngs.• In Table Mo. 28-B under •NoTEs• after t~e words •N o. 26-C " add tbe fe11ow1•t werds •also aote exceptto•• ta Secti on 280 5 •• Sect1on 3303. At the end of s•bsectton (h) delete the followin g wor4s •chapter 54• and add the followtng •Plate glass doors shall have a dtv1sion ber or~b• plainly •arted.• Uw -t 1 Sec,t•• 3100. Add t~fe11e•1•J words at tnt ead of the sub- sectto• (e) "Dtnwer ~N'a)Spec1 icathn 3-3/32 00 x 8 th,..ad - plus or •1nus - Rood Ullr .. ter Z-29/lZ." At the end of s~sectton (J) add after the word ~chapter • the fo11ow1nt werfs •27 ef the Huntc1pal Code of tha City of E•tltwood. • In subsectton (i) be fore the word "P lan • f•sert th e followtng words ·c o•p lett Mech anical " and 1n •1d -se ctton of paratraph delete the followin g words Chapter 3• and 1nsert the fellowfn g words •sec tton 13.11 of the Munici pa l Code of the C1ty of £nglewood." -1-I · • ' - • • Section 381 5. In tne subsection ~EJCEPTI O M " delete "1873 " and sibstttutt 1 197&.• Section 4601. In subsection (e) 1. delete the following words Ttlass A irecker -$20.000/SO.OOO -$100.000/l00,000 aad Class 8 Wrecker -$2.0.0 00/50.000 • $60 , 00/100.0 0 " and add after House Mover the foll~ing word ~wrecking.• In sub secticm 2 at the end of the ftrst paruraph delete the fo11owtag words "Class A w~cker ~ and add tha fo11owtno words "Moving and/or Wrecker Contractor.• Soctton 4602. In suoaectton (b) 3. delete the wordl •ti\Y tit1aeer•iiftd "Deaver Board of Water Co••tsstoner• and aub - stt,ute the following words »Director of Utilities " tn both plac~•· Section 46\3. I• .~section (h) 1n the first &entence delete tfie following words •of twenty-five dollars ($25.00)" and "for eut·tf-ctty bu11dtnts• and in the first space insert the fol · lowing words •as provided in Section 13.11-3 of the Municipal Code ef tbe Ctty af Eaglew .. d." Section 4101. In su~sectto• (d) de1t\a tae words "Chapter 3" ani aubs£1\ute the fo11ewtag wer41 •secttoa 13 of the Muntctpal Code of the City tf Englewood." Section 481 0. In subsection (c) delete the words "Ch apter t • and sUbstt\ut• the fo11ow1nt words "Section ll of the Muntctpal Code of tht CitJ of Eag1ewood." Sectt .. 5001.a.i7.1 Delete \~e las\ part ef the stAteace Dttinai•t •iih ~· war•• •and tt ••• • Section 50~\.2.57.2. Delete the words •ord. 98, Series of 1955." '•cttoa SQQl.\2. u.la\a t~e werds "Ctty Engineer " and sub - stitute the following words "D irector of Utilities." ~'tt~ tr T~ 1• 50 J .Z\Lt· A4d a paratraph aa fol1o•s "10. p~ces t a have eiDfOyees of both sexes shall provtde toilet factltttet fer eac~ sax. EltEPTIOM: A s•all retail est.-111~ ... , .. , ,, .. ene tet\et reo• coata1A111 a •ater cleset ead \atatory to acco .. date both sexes ~hen approved by the Oepart .. nt.• t(f''t• i011.l·l• 0.1t\e t~t •erda "ttty Ea't .. tr v and sub · 1 t• a tit fol awtnt words •oirector of utt tttes.• 5oct1 e iQl .A.\. 1• \~11 ,.raerepa delete the fo\lew1n wordll a op e by the Board of Health and Mesp1tals and pre•ulgated by the O.part .. At of Health and Hospitals and nbstttute the fallowhg words "preter1bed by the Tr1 -Covnty Health Oepart .. at.• Sectton SO\S.A.Z.2. Delete th1s ent1re sec tton . ---Sectto• elate t he word "depart .. •t • in t ht last parte and t•sert tht word •owner .• -a- I . • - ] • • Sect1oa 5016. Delete the last part of the sentence btt1••1•t •'th tht words •by t~e Chtef ••• • aad s_.sttt•t• tht ft11tw •t wtrdl •and tnapectton of Trt-County Health Depart .. at .• Section 5100. Ia aubaect1on (b) dtlett the word• "Chapter 1 " aad substttute the following wordl •sect1oa 13.8 -2 aad Section 13 .8 -3 of the ~un1c1pal Code of the City tf En glewood." Section 5101. At t he tnd tf t he Oeftatttoa of A~prtYtd delete th;llfiidli~apter 1 " and substitute the wtrdl • ectlen 13.9 of the Mun1ctpal Code of the Ctty of Eag1ewotd." Sectiea 5113. 11 subsection (d) at tht tftd of the •••tenet Tgal raagel-w add the follow1n i word1 •and except three feet ia length to coanect ceilin g .. uated unit heater and gas ftred clothes dryers. • Stctioa 5201. Uader aubsectioa (b) delete the words "Chapter 3* and a~he follow1n1 words •sect1on 13.11 of tht Mun1ctpa1 Code of the Ctty of Eat ewood." Uadtr subsacttoa (f) follow1•t the words •ca¥1ty walls " tnsert the fo11ow1•t wtrds •spaces abowe.• Ia the sectad seateace after the words "opea1ag tn • tnsart the word •re - quired" aad at tha ead of the paratr•" add the words •tasulated cold water, hot water . stea•. f1rt ,rotecttoa aad eltctr1c 111111 art alltwed 1n supply return and exhauat pleau• spaces.• Under subsect1tl (1) at the beg1nn1•t of the first seateact add the wtrds •f .. l ftred." Uader subsecttoa (t) in tht ftrst seattact dt1ete the words "F and H Occupaac1ts " aad add tht wtrds •aad M Occupaacy shall hawt a central systt• for tach dwt111ag uait.• Stctitft 5203. Uadtr the substctioa (e) 5. after tht words Yftier tr' fasert tht words •requtred rated." Secttta 5219. Uadtr subsectioa (d) 1. at the tad of the para- graph add t'• words •or prowidt ont (1) htur ftrt stparattoa.• Stctton 5228. Uader subsection (d) at tht ••• of the para,raph add the fo1fow1ag seattnct •tub1c area .. , be baaed upoa e g~t (8) fttt cei11nt." I•troduced, read t• full a•d pasted •• ftrst readill oa the ~ day of Aprt 1 , 1919. !1 Publhhtd 11 a Bill for •• Ordtu•ce •• the ..{.._._day of /--1 j • 1969. / -----··--,..,! _a_y_o r -- t.tte st: c i t .'f -n~rr:rrcas-u re_r ___ - I, St phen A. Lyon, Jo h~r ebv ce r t if y t h a t the above anc f oN11oing is a true, accurat e and comp l ete cor>Y of a d ill for -9- I . • - • • • an Or d in ance introduced , read in full and passed on f ir s t readinq an,d pub lis hed as d l ill for an Ordinance on th e ,-JL_ day of c:, ~~-----, no . 1'\ttest: •. I • • --- • • OFFICIAL C ITY c OU~C IL OCUMENT F COU N CIL M._._-, • ~'3 FI LE CIT'i OF. ENGLEWOOD, COLO. RESOLUTION NO. -~~z,___, SERIES OF 1969 RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968 , AND A PAY PLAN FOR NON -EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. WHEREAS , the provisions of Paragraph 6 . 6-13 of the Municipal Code of the City of E nglewood , as amended , requires the City Council of the City of Englewood to adopt , by resolution , a pay plan for each employee within the City, and , WHEREAS, the City Council desires to a m e nd the salary and wage level of the position of Chief Building Inspector , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado , that , effective May 1 , 1969, Resolution No. 51, Series of 1968, and Resolution No. 53 , Series of 1968, are amended as follows : Strike the position of Chief Building Inspector from grade level 26 and include under grade level 27. Dated this ____ day of-------------' 1969. Mayor ATTEST: City Cl erk-Treasurer I , Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and com- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regul ar meeting held on the day of. _______ _ 1969 . I • • ........ • • RESOLUTION NO. -----• SERIES OF 1969 RESOLUTION AMENDING RESOLUTION NO . 51 , SERIES OF 1968 , AND A PAY PLAN FOR NON -EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. WHER EA S, the p rovi s ion s of Paragraph 6 .6-13 of the Munic ipa l d of the City of En glewoo d , as a m e nded , requires the City Counc il of the City of Englewood to adopt, by r esolution , a pay plan for each employee w ithin the City , and , WHEREAS , the City Council desires to amend the salary a nd wage l evel of the position of Chief Building Inspector, NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that , effective May 1, 1969, Resolution No. 51 , Series of 1968 , and Resolution No. 53, Series of 1968 , are amended as follows: Strike the position of Chie f Building Inspector from grade level 26 and include under grade level 27 . Dated this ____ day of ------------• 1969. Mayor ATTEST: City Clerk-Treasurer I, Stephen A . Lyon, C ity Clerk-Treasurer of the City of Englewood , do hereby certify that the above and foregoing is a true, accurate and com- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regular meeting held on the day of _______ _ 1969. I • • . , , -" • ,/)/II ~ RESOLUTION NO. -----• SERIES OF 1969 RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968 , AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. WHEREAS, the provisions of Paragraph 6. 6-13 of the Municipal Code of the City of Englewood, as amended, requires the City Council of the City of Englewood to adopt, by resolution , a pay plan for each employee within the City, and, WHEREAS, the City Council desires to amend the salary and wage level of the position of Chief Building Inspector , NOW , THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado , that, effective May 1 , 1969, Resolution No. 51, Series of 1968, and Resolution No. 53 , Series of 1968, are amended as follows: Strike the position of Chief Building Inspector from grade level 26 and include under grade level 27 . Dated this ____ day of -------------• 1969. Mayor ATTEST: City Clerk-Treasurer I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true , accurate and com- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regular meeting held on the day of, _______ _ 1969. I • • 0 - • • • .I'\ J I I ·- RESOLUTION NO.-----' SERIES OF 1969 RESOLUTION AMENDING RESOLUTION NO. 51 , SERIES OF 1968 , AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. WHEREAS , the provisions of Paragraph 6. 6 -13 of the Municipal Code of the City of Englewood , as amended , requires the City Council of the City of Englewood to adopt , by resolution , a pay plan for each employee within the City , and , WHEREAS, the City Council desires to amend the salary and wage level of the position of Chief Building Inspector, NOW , THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that, effective May 1, 1969, Resolution No. 51 , Series of 1968 , and Resolution No. 53, Series of 1968, are amended as follows : Strike the position of Chief Building Inspector from grade level 26 and include under grade level 27 . Dated this ____ day of-------------' 1969. Mayor ATTEST: City Clerk-Treasurer I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true, accurate and com- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regular meeting held on the day of. _______ _ 1969 . I • • . , f - • • I ,li /If ~ RESOLUTION NO. _____ , SERIES OF 1969 RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968, AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. WHEREAS , the provisions of Paragraph 6 . 6-13 of the Municipal Code of the City of Englewood, as amended , requires the City Council of the City of Englewood to adopt, by resolution , a pay plan for each employee within the City, and, WHEREAS , the City Council desires to amend the salary and wage level of the pos ition of Chief Building Inspector, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that, effective May 1, 1969, Resolution No . 51, Series of 1968, and Resolution No. 53, Series of 1968, are amended as follows: Strike the position of Chief Building Inspector from grade level 26 and include under grade level 27. Dated this ____ day of ____________ , 1969. Mayor ATTEST: City Clerk-Treasurer I , Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood, do hereby certify that the above and foregoing is a true , accurate and com- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regular meeting held on the day of'----------- 1969 . 'I • I • • • ~O ?d.U ~ 'Yl •. /. £)_ tJ 17 RESOLUTION NO. -----• SERIES OF 1969 RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968 , AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. WHEREAS, the provisions of Paragraph 6. 6-13 of the Municipal Code of the City of Englewood, as amended , requires the City Council of the City of Englewood to adopt, by resolution , a pay plan for each employee within the City, and , WHEREAS, the City Council desires to amend the salary and wage level of the position of Chief Building Inspector , NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado , that, effective May 1 , 1969, Resolution No. 51, Series of 1968, and Resolution No. 53 , Series of 1968, are amended as follows: Strike the position of Chief Building Inspector from grade level 26 and include under grade level 27. Dated this ____ day of -------------• 1969. Mayor ATTEST: City Clerk-Treasurer I, Stephen A. Lyon, City Clerk-Treasurer of the City of Englewood , do hereby certify that the above and foregoing is a true , accurate and com- plete copy of a resolution passed by the City Council of the City of Engle- wood at a regular meeting held on the day of _______ _ 1969 . I • • , • ~ ZL('#I7~--U~~C:/v ~_;1{ ~p-;:~--?~C-U ~J J7-t-l;f 07d II ~ T}.v,d· £k . !d I 7 ~ o.:rJ;y . AGENDA FOR REGULAR COUNCIL SESSION APRIL 21, 1969 8:00P.M. Call to order, invocation by the Rev. Bruce Currier of the Hamp- den Hills Baptist Church, pledge of allegiance led by Boy Scout Troop No. 333, and roll call . 1. 2. • pproval of minutes. '-({} Regular meeting of March 17, 1969. (Copies trans- mitted herewith.} v (b) Special meeting of April 4, 1969. (Copies trans- mitted herewith.} / (c) Regular meeting of April 7, 1969. (Copies trans- mitted herewith.} Pre-scheduled citizens and visitors. (a} Recognition of "special guests" of the Council. (b) Introduction of Englewood High School students designated City Councilmen for the 1969 Student Government acivities. 3. Public hearing regarding the ordinance creating Paving District No. 18 (1969}. (Copies previously transmitted.} 4. Communications. v (a} Minutes of the Planning and Zoning Commission meeting of March 19, 1969. (Copies transmitted herewith.} ~c) t/ ~(d) Minutes of the Board of Career Service Commis- sioners meeting of April 17 , 1969. (Copies trans- mitted h e:-ewi th.} l. Letter recommending employee benefits for 1970. Minutes of the Parks and Recreation Commission meeting of April 9, 1969. (Copies transmitted herewith .} Proposed agreement between South Englewood Sanitation District and the Greenwood Village Sewer District. (Copies transmitted herewith.} 5. City Attorney. ~ Report on amendment to massage parlor ordinance . (Cop ies transmitted herewith.} (b) Attorney's choice. 6. City Manager. (a) Discussion of a tour of Swedish Hospital facilities. (b) Request for Chief Jack Clasby and Officer Donnell Stanton to attend the National Police-Community Relation s Training Seminar in Los Angeles, June Bth through 13th, 1969. (c) Manager's choice . (Continued) I • • . , f 2X - • • AGENDA FOR REGULAR COUNCIL SESSION APRIL 21, 1969 Pfl.ge 2 7 . Recognition of non-scheduled citizens and visitors. 8 . General discussion. (a) Mayor 's choice. (b) Councilman's choice . 9. Adjournment. ~!33ff2Z( STANLEY H. DIAL City Manager SHD/ij ,_ I • • ' - • • - ~~~~rl ~~~~~~~ -{ L ·-~'I!!~ -b> ,;,:.r '""".r.r /. P. '*/7-,. V" ,. .,.~ / .... I) ( ,·..,!1 Sf.~ .. ~, #tf ~·,_,.r~ b)' c; /''..~,...__ w i ·d yo ... ..-~ ~-J ,~~ J, .......... k. . ' . . . I . • - ·. • • REGULAR ME ETING: • oFFICIAL CO l! !CIL r.OCU M E N T I.. ~, -..., CITY COUNCIL CHAMBERS .;;./ kiJI\ ri ''"',.:") CITY OF ENGLEWOOD, COLORADO APRIL 7, 1969 C OUN CIL h·---. ·'-' Fi LC era. p F, E NGLEW O O D, COLO. The city Co u ncil o f the City o f En g lewood, Ara pah o e coun ty , Colorado , met i n regular s e s sion on April 7, 1969, a t 8 :00 P.M. Mayor S chwab, presidi n g , c all e d t h e me eting t o o rder . The invocation was g ive n b y Re vere nd Fredr ick F. Hahn of the Immanuel Luthe r an Church . Pledge of Allegiance was led by Boy Scout Troop No. 333 . The Mayor asked f o r roll call. Upon the c all of th e roll, the following were p r esent: Coun cilmen Brown , Dh o rity , Kr eili ng, Lay , Lone, Pa r kin s on, Schwab. Ab se nt: None . The Ma y or dec lared a quorum pres ent . Also p r e s e n t we r e : C ity Manager Dial, Assistant Ci t y Manager Mack, City Attorney Criswe ll, City Clerk Ly on. ****** Mr. Richard L. Whitte mor e of L e slie E . Whit t emore & Company appe ar e d before c i ty Counci l and rev iewed the 1 968 Audi t with me mbers of City Council. * * * * * * Mr . Nat e Burt, 5 2 00 South Broadway, appeared before City coun ci l and r e quested that a traffic signal be installe d at t h e i n tersec t ion of Broadway and Centennial Avenue. Mr. Burt set f or t h his reasons as to why higher priority should be given to this signal rath e r than a signal recommended at the inter- section o f U.S . 28 5 and Clarkson. * * * * * * Mr . Edw a rd Ca r twright, 3517 Sou t h Elati, appeared before City Co uncil i n r eg a rd to the pl a ceme n t of the retail sales and use tax on alc oh o lic b everages . Mr. Ca rtwright stated that he was no t oppo s e d t o the pl a cement of the t wo per cent tax on alcoholic beverages , b ut he requested t hat City Council remove the liquor occup a tiona l tax while pl a cing the sal e s tax int o effect . Mr . Cartwright stated that failure t o remo ve t h e liq uor occupational tax would result in a double tax t o liquor est ablish- ments. Set forth below is a list of liquo r out l et o wners and/or managers who requested the remova l o f the liquor occu p a tiona l tax if alcoholic beverage sales are ma de sub j ec t t o the ret a i l sales and use tax . APR 2 1 1969 j I • • f - • Mr. Frank Witt Mr. Damon L . Hungate Mr. John F . Hannon Mr. Walter Hrom Mr. Lee corder Mr . William Lauby Mr. Wilard L Ball Mr . Elton H. Ferguson Mr. Wi llis E Miller Mrs . Ann S c oggins Mr. Mauri ce Saliman Mr. Robert L Mc intyre • John W's, Inc. 3467 South Broadway Hung a te's 2796 South Broadwa y Supreme Liquors 5112 South Broadwa y Hi lda's Cafe, Inc. 438 6 South Broadway Casual Lounge 6 5 -75 West Floyd Avenue Thorobred Liquors 5050 South Federal Boul evard GE M Liquors 5450 South Broadway M-D Drug, Inc. 2895 South Broadway Hackney House 4595 South Santa Fe Taste of Honey 5020 South Broadway Bar Harbor 3484 South Broadway Old Town Liquor s 325 East Jefferson Avenue City Manager Dial reviewed the history of taxation on sales of al c oho lic beverages with members of City Council. Mr. Wal ter Hrom and Mr. Lee Corder reappeared before city council and stated that it would be impossib l e to collect the two cent sales and use tax on b y -the-drink sales without raising prices sufficient to absorb the tax. Mr. Damon Hungate reappeared b efore City Council in regard to the problem of c ollection of the additional two cents on sales by the dr i nk. Th e City Council discussed the collection of the sales tax on b y -the-d rink sa les. Mr. Bill McCord, 336 West Hampden Avenue, appe ared b efo r e City Council and requested that the City e nforc e the use tax on deliveries of alcoholic b ever ages into the City of Englewood. * * * * * * Mr . Richard Banta, 3470 South Sherman, appeared before city Counc~l on behalf of businesses located on East Hampden Avenue . Mr. Bant a stated that East Hampden Avenue east from Broadway to South Logan Street is presently one way and that it is his understanding that the City intends to extend the one- way street designation for the remainder of East Hampden Avenue within the c~ty of Englewood. Mr . Banta requested that no further extension of the one-way system be effected on East -2- • I • • , ....... • Hampden Avenue; that the City c onsider removing the present one-way designation on East Hampden Avenue; and that a compre- hensive study of the one-way street system, particularly that portion of the City east of Broadway, be made. Mr. Banta set forth his reasoning behind tl e request. Mr. J .R. Bullock , Bullock Mortuary, 1375 East Hampden Avenue, appeared before City Council and stated that a problem would be caused to funeral processions by exte nding the one- way street designation on East Hampden Avenue past his place of business. Mr. Bullock stated that he was also concerned with the problems caused by the extension of the one-way street to the access of Swedish Hospital . Mr. Bob Waddell, Percussion Specialties, 502 East Hampden Avenue, appeared before City Council in opposition to the further extension of the one-way street designation on East Hampden Avenue. Mr. Waddell presented a petition of property owners and/or business operators located on or adjacent to East Hampden Avenue in opposition to the proposed one-way street extension . (This petition conta ins 41 signatures.) * * * * * * Mr. M. M. Summers, 3140 South Delaware, appeared before City council. Mr. Summers recommended that Councilmen's salaries be increased and that the City Council change the City Charter at the next election to (a) establish salaries at a higher figure or (b) give the Council authority to set its own salaries without waiting for the expiration of a Councilman's term for the change to be in effect. Mr. Summers stated that the Charter presently states that any increase in City Council salaries shall not be effective until the term of office of the incumbent voting such an increase has expired. Mr. Summers recommended that the City Council members receive $150 per month, the mayor $200 per month, and the Zoning Board members $75 per month. * * * * * * Mayor Schwab c alled for a rec ess at 10:25 P .M . Council reconvened at 10:40 P.M. Upon the call of the roll, the following were present: councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Absent: None . The Mayor declared a quorum present . * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE 3000 BLOCK OF SOUTH DELAWARE STREET FROM R-2-A TO R-3-B BE OPENED. Upon the call of the roll, the vote resulted as follows: Lone, Ayes: Parkinson, Councilmen Brown, Dhority, Kreiling, Lay, S chwab. Nays: None. Absent: None. -3-I • • f 1 • • • • The Ma yor declared the motion carried a n d the publ ic hearing open at 10:42 P.M . (No te: A tape recording of the public hearing is on file with the off ici al minutes.) Items previously received b y Coun cil include: 1 . A memor andum dated April 3, 1969, from Mrs. D. A . Romans, Planning Director, c on cernin g the Thorney rezoning. 2 . A ma p of the subject area. 3 . An analysis and resume' of the subject area from Mrs. D . A. Rom ans, Planning Director, dated February 28, 1969. 4 . A memorandum dated February 19, 1969, from the Planning and Zoning Commission recommending the approval o f the rezoning appli cation filed b y Mr. W. H . Thorney . Y 5. An opinion from the City Attorney , No . 68 -4, dated S eptember 18, 1968, concerning the validity of amending the zoning ordinance to rezone less th an a one block are a. Mrs. D. A. Romans, Planning Director, appeared b efore City Council and reviewed the Thorney application for rezoning. Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Copy of the Not i ce of Public Hearing . Copy of application f o r rezoning filed on January 2, 1969. Petition containing nine names of individuals in favor of the rezoning . Map of area s h owing where the petition was circulated. Petitions protesting the rezoning containing 152 signatures unverified . Minutes of the Planning and Zoning Commission of January 8, 1969. Minutes of the Planning and Zoning Commission of Feb ruary 5 , 1969. Minutes of the Planning and Zon i ng Commission of February 19, 1969. Summarization of the rezoning . Mr . William H. Thorney, 3700 South Clarkson , appeared before City Council. Exhibit No. 10 Exhibit No. 11 De nver Housing Trends, Fourth Qu art er Report, 1968 . Photographs of subject area. Mr. James Walsh, 415 West Dartmouth, appeared before City Council in favor of the rezoning. Mrs. Merlyn Eve, 3881 South Fox , appeared before City Council in favor of the rezoning. -4-I • • ·., • • The Mayor declared the motion carried and the public hearing open at 10:42 P.M . (No te: A tape recording of the public hearing is on file with the official minutes.) Items previously received by Council include: l. A memorandum dated April 3, 1969 , from Mrs. D. A . Romans, Planning Director, concerning the Thorney rezoning. 2. A map of the subject area. 3. An analysis and r esume' of the subject area from Mrs. D. A. Rom ans, Planning Director, dated February 28, 1969. 4. A memorandum dated F e bruary 19, 1969, from the Planning and Zoning Commission recommending the approval o f the rezoning application filed by Mr. W. H. Thorney. Y 5 . An opinion from the City Attorney, No. 68-4, dated September 18, 1968, concerning the validity of amending the zoning ordinance to rezone less th an a one block area. Mrs. D. A. Romans, Planning Director, appeared before City Council and reviewed the Thorney application for rezoning. Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Copy of the Notice of Public Hearing. Copy of application for rezoning filed on January 2, 1969. Petition containing nine names of individuals in favor of the rezoning. Map of area showing where the petition was circul ated. Petitions protesting the rezoning cont aining 152 signatures unverified. Minutes of the Planning and Zoning Commission of January 8, 1969. Minutes of the Planning and Zoning Commission of February 5, 1969. Minutes of the Planning and Zoning Commission of February 19, 1969. Summarization of the rezoning. Mr. William H. Thorney, 3700 South Clarkson, appeared before City Council. Exhibit No. 10 Exhibit No. ll Denver Housing Trends, Fourth Quarter Report , 1968 . Photographs of subject area. Mr. James Walsh, 415 West Dartmouth, appeared before City Council in favor of the rezoning. Mrs. Merlyn Eve, 3881 South Fox, appeared before City Council i n favor of the rezoning. -4-I • • . , ....... • 7~------------------------------------r • Mrs. Margaret L. Davis, 3024 South Delaware, appeared before City Council in opposition to the rezoning. Exhibit No . 12 Exhibit No. 13 Petitions opposing the rezoning containing 42 signatures unverified. Map of area showing where the petitions were circulated. Mr. Robert F. Kelley, 3020 South Delaware, appeared before city Council in opposition to the rezoning. Mr. M. M. Summers, 3140 South Del aware, appeared before City Council in opposition to the r e zoning. Ma y or Schwab asked for a show of hands of those who were in favor and opposition to the rezoning. Seven were in favor, and twelve were opposed to the rezoning. Mr. William H . Thorney reappeared before City Council. Mr. Robert F . Kelley reappeared before City Council. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING BE CLOSED . Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing closed at 11:28 P.M. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ON THE REZONING OF THE 3000 BLOCK OF SOUTH DELAWARE FROM R-2-A TO R-3-B BE TABLED . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone , Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * A memorandum dated April 2, 1969, from Stanley H. Dial, City Manager, regarding traffic signalization requirements at cer- tain intersections was received for the record and discussed by City Council. (Reference to earlier appearance of Mr. Nate Burt.) * * * * * * A memorandum dated April l, 1969, from Stanley H. Dial, City Manager, regarding traffic signalization requirements at the West Tufts Avenue railroad crossing and South Santa Fe Drive was received for the record. Councilman Lone requested that the admin istration take steps to solve the problem at the railroad crossing at West Tufts Avenue and South Santa Fe Drive without creating budgetary problems. * * * * * * -5- • I • • I ! I ~ • • A letter from Mr. John Murphy, Personnel Director, dated April 1, 1969, regarding on-the-job injury compensation was received for th e r e cord. * * * * * * Th e minutes of the Board of Career Service Commissioners meeting of March 20, 1969, were received for the record. A l e tter from Mr. J.F. DeVivier, Chairman of the Career S e rvice Commission dated March 24, 1969, recommending that the Ma y 1 date at which time the Career Service Board shall submit a recommendation for a pay plan for the forthc oming fiscal year be set back was received for the record and discussed. It was the consensus of Council that it would not be possible to change the .ordinanc e requiring th e submi ~s i~ll of a pay plan on May 1 prior to that date; and, therefore, some type of recommendation would be anticipated on Ma y l. City Council discussed the scope of the recommendation to be submitted by the Career Service Board. * * * * * * The minutes of the Planning and Zoning Commission meeting of March 5 , 1969, were received for the record. * * * * * * The minutes of the Parks and Recreation Commission meeting of March 12, 1969, were received for the record . * * * * * * A memorandum from Doug Sovern, Fire Chief, regarding the Fire Department Instructor's Conference dated March 27, 1969, was received for the record. * * * * * * Final estimate data for Paving District No. 17 were received for the record . RESOLUTION NO. 12, SERIES OF 1969 A RESOLUT _ON REGARDING THE ASSESSMENTS FOR PAVING DISTRICT NO. 17. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO . 12, SERIES OF 1969 BE ADOPTED AND APPROVED, THAT IT BE PUBLISHED APRIL 10, 17, AND 24 IN THE ENGLEWOOD HERALD AND ENTERPRISE, AND THAT A PUBLIC HEARING THEREON BE ESTABLISHED FOR MA Y 12, 1 969 , AT 8:00 P.M . AT CITY HALL. Upon t h e c a ll o f the roll, the vot e r es ult e d as follows: Ayes : counc ilme n Brown, Dhority, Kr e i l i ng, Lay , Lone , Pa r kinso n , S c h wab. Nays : Non e . Ab se n t : None. The Mayor decl ar e d th e motion carried. * * * * * * -6- I • • . I • • The minutes of the Wat er and Sewer Board meeting of March 18, 1969 , were received for the record wi th two memoranda attached . Mr. Cha r les Carroll, Jr., Director of Utilities , appeared before City Council and set forth the reasoning for the i ncrease in sewer he ad tap fees within the City of Englewood as recommended in the first memorandum . Discussion en su e d. RESOLUTION NO . 13, SERIES OF 196 9 A RESOLUTION REVISING SEWER HEAD TAP FEES WITHIN THE CITY OF ENGLEWOOD , COLORADO. (Copi ed i n full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 13 , SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the c all of the rol l , the v ote resulted as follows: Ayes: Councilmen Brown, Dhority , Kreiling, Lay, Schwab . Nays : Councilmen Lone, Parkinson. Absent: None. The Ma y or declared the motion carried. The subject of the second memorandum, authorization for Littleton to provide water services within the City of Englewood, was discussed by City Council. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROVISION OF WATER SERVICE BY THE CITY OF LITTLETON TO THE PROPERTY OF MR. DALE H. REA, 2200 WEST CHENANGO, LOCATED WITHIN THE CITY OF ENGLEWOOD BE GRANTED DUE TO THE FACT THAT THE CITY OF ENGLEWOOD COULD NOT PROVIDE SUCH SERVICE WITHOUT A DISAPPOR- TIONATE COST. Upon the call of the roll, the vote resulted as f o llows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Na ys : None. Absent: None. The Mayor declared the motion c arried. * * * * * * The minutes of the Public Library Board meeting o f March l l, 1969, we r e received for the rec ord. * * * * * * A calendar of joint Council-Board meetings was received f or t h e record . * * * * * * Introduced as a Bi ll by Councilman Kreiling and r ead in full, -7-I • • . , • • A BILL FOR AN ORDINAN CE REPEALING SECTION 16.2 THROUGH SECTION 16.2-7 OF THE MUNI CIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE BE AMENDED BY CHANGING THE EFFECT IVE DATE OF THE ORDINANCE TO JULY l, 1969, AND BY ADDING A SECTION STATING THAT ALL L I QUOR OCCUPATIONAL TAXES REPRESENT- ING THE PRORATED PORTION OF JULY l , 1969, TO DECEMBER 31, 1969, BE REFUNDED TO THOSE PEOPLE WHO HAD MADE SAID PAYMENT. Upon the c al l of the roll, the vote resulted as follows : Ayes: Councilmen Lone, Parkinson. Na y s: Councilmen Brown, Dhor ity, Kreiling, Lay, Schwab. Absent : None. The Ma y or declared the motion failed. COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED UNAMENDED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Lone, Parkinson. Nays: Councilmen Brown, Dhority , Lay, Schwab. Absent: None. The Mayor declared the motion failed. * * * * * * BY AUTHORIT Y ORDINANCE NO. 13, SERIES OF 1969 AN ORDINANCE AMENDING ARTICLE 16.5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO LEVY THE TAX IMPOSED BY SAID CHA PTER UPON ALL SALES OF FERMENTED MALT BEVERAGES, MALT, VINOUS OR SPIRITUOUS LIQUORS AND UPON THE RENTAL PRICE OF ALL LODGING ROOMS LET OR RENTED FOR A PERIOD OF LESS THAN THIRTY (30) DAYS. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 13, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. City Council discussed the ordinance and the testimony presented by liquor outlet owners and/or man a gers earlier in the evening. Upon the c all of the roll , the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. -8-I • • . , • • Nays: Councilmen Kreiling, Lone. Absent: None . The Mayor decl ared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1969 AN ORDINANCE ESTABLISHING F OUR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD AND REPEALING ORDINANCE NO. 14, SERIES OF 1963, ORDINANCE NO. 9, SERIES OF 1967, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 14, SERIES OF 1969, BE PASSED ON FINAL READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1969 AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DIS- POSAL OF WEEDS OR RUBBISH THEREFROM. (Copied in full in the official Ordinance Book.) COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO . 15, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ay es : Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * -9-I • • . ' f - • • BY AUTH ORI TY ORDINANCE NO . 1 6, S ERIES OF 1969 AN ORDINANCE AMENDING SECTIO N 14 .2 OF TilE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, AND DEC LARING AN EMERGENCY . COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 16, SERIES OF 1969, BE PASSED ON FINAL READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Aye s: Councilmen Brown, Dhority, Kreiling, Lay , Lone, Parkinson, Schwab. Nays : None. Absent: None. The Mayor declared the motion carried. ****** I ntroduced a s a Bill b y~ouncilman Parkinson a n d read in full, A BILL FOR AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO . 18, ORDERING THE CONSTRUCTION THEREIN OF STREET AND AVENUE IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CON- TRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY, AND DECLARING AN EMERGENCY . COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE . Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, S c hwab. Nays : None. Absent: None. The Ma yor decl ar ed the motion c arried. * * * * * * RESOLUTION NO. 14, SERIES OF 1969 A RESOLUTION AUTHORIZING REPLACEMENT OF INADEQUATE WATER LINES . (Co pied in full in the official Resolution Book.) CO UNCILMAN LAY MOVED, COUNCIL MAN PARKINSON SECONDED, THAT RESOLUTION NO. 14, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the c all of the roll, the vote r esulted as follows: Ayes : Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, S c hwab. Nays: Non e . I • • • • Absent: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 15, SERIES OF 1969 A RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968, AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 15, SERIES OF 1969 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Parkinson, Schwab. Nays: Councilman Lay. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reviewed a memorandum on the 1968 Audit dated April 1, 1969, setting forth the facts surrounding the payment of $6,950 to Bosworth, Sullivan & Company, Inc., financial consultants for the City Hall bond issue. RESOLUTION NO. 16, SERIES OF 1969 A RESOLUTION APPROVING AND RATIFYING THE PAYMENT BY THE CITY OF ENGLEWOOD OF THE SUM OF $6,950.00 TO THE FIRM OF BOSWORTH, SULLIVAN & COMPANY, INC., FOR EXPENSES INCURRED, AND SERVICES RENDERED BY, SAID FIRM TO THE CITY OF ENGLEWOOD. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 16, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Attorney Criswell stated that a false arrest suit against Chief Clasby and Detectives Mason and Frazier had been filed by Mr. Marvin Smith for his arrest on April 2, 1968, in connection with the Connie Paris murder case. Mr. Criswell stated that he was presently in touch with the insurance carrier of the City's false arrest coverage reviewing the extent of the coverage of these individuals under the insurance policy. Mr. Criswell -11- I • • 1- • • stated that the coverage might not extend to all charges aga i nst the city's police officers and requested authorization to defend these officers contingent upon the outcome of the examination of the requirements upon the insurance company to defend said officers . Mr . Criswell further stated th at the complaint against Chief Clasby and Detectives Mason and Frazier had not been served. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND CHIEF CLASBY AND DETECTIVES MASON AND FRAZIER IN THE FALSE ARREST CHARGES BROUGHT BY MR. MARVIN SMITH CONTINGENT UPON THE EXTENT OF DEFENSE OFFERED THROUGH THE CITY'S FALSE ARREST COVERAGE. Upon the call of the ro ll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Parkinson, Schwab. Nays: councilman Lay. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial gave an oral report on the talks with members of the Englewood employees' associations on the proposed ordinance placing the Personnel Director under the City Manager. Mr. Dial also discussed various changes which he felt should be made in the ordinance before final adoption. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED , THAT THE BILL FOR AN ORDINANCE PLACING THE PERSONNEL DIRECTOR UNDER THE CITY MANAGER BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Schwab. Nays: Councilmen Kreiling, Lone, Parkinson. Absent: None. The Mayor declared the motion carried. ORDINANCE NO. 17, SERIES OF 1969 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO EXCLUDE FROM THE CAREER SERVICE SYSTEM ALL ADMINISTRATIVE ASSISTANTS TO THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER TO DESIGNATE AN ADMINISTRATIVE ASSISTANT IN HIS OFFICE TO ACT AS THE PERSONNEL DIRECTOR OF THE CITY OF ENGLEWOOD TO AID THE BOARD OF CAREER SERVICE COMMISSIONERS IN THE PERFORMANCE OF ITS DUTIES. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 17, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE . The City Manager discussed with City Council the timing of passage of the ordinance upon this date and certain revisions to the ordinance which he recommended be made prior to final adoption. -12-I • • . I f • • • • COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE PLACING THE PERSONNEL DIRECTOR UNDER THE CITY MANAGER BE TABLED . Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority , Kreiling, Lone, Parkinson. Nays : Councilmen Lay, S chw ab. Absent: None. The Mayor declared the motion ca rried. (Note: Due to the fact that the above ordinanc e was tabled b efore final passage it is not copied in full in the official Ordinance Book, and a new ordinance number will be assigned to it upon final passage .) * * * * * * City Manager Dial requested authorization for the Ma y or and City Clerk to enter into an agreement with the Denver Water Board for the construction of a culvert in the 3400 block of South Grant Street and the City ditch crossing at this point. Mr. Dial stated that this construction had already been accomplished and that it was required for Paving District No. 18. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE LICENSE AGREEMENT WITH THE DENVER WATER BOARD FOR THE CONSTRUCTION OF A CULVERT AT THE CITY DITCH CROSSING IN THE 3400 BLOCK SOUTH GRANT STREET. Upon the call of the roll, the vote resulted as follows : Lone, Ayes: Parkinson, Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent : None. The Mayor declared the motion c arried. * * * * * * City Manager Dial presented a report dated April 4, 1969, regarding first quarter sales tax collections and its impli- cations on the 1969 Budget. * * * * * * City Manager Dial stated that bids for the con struction of the parking lot at Englewood -Belleview Park Addition had been opened on April 3, 1969 . Mr. Dial presented a memorandum from Director of Finance Lyon and Director of Parks and Recreation Romans tabulating the bids and recommending that the contract be award ed to Bussard Construction as lowest and best bidder. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE BID OF BUSSARD CONSTRUCTION COMPANY FOR $14,020.68 INCLUDING ALTERNATE NO. 1 FOR THE CONSTRUCTION OF THE PARKING LOT AT ENGLEWOOD-BELLEVIEW PARK ADDITION BE DECLARED LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS. Upon the call of the roll, the vote resulted as fol lows: -13- I • • . , - • • Ayes: Councilmen Brown , Dhority, Kreiling , Lay, Lone, Parkinson, Schwab . Nays : None. Absent: None. The Mayor declared the mot i on carried. * * * * * * City Manager Di al stated th at he was establishing a date for a tour o f the Craig Rehabilitation Center sometime in the n e ar future . * * * * * * City Manager Di al stated that a reception for Mr . Beryl Wallace, retiring Chief Building Inspector, would be held April 30, 1969, at 7:30 P.M . * * * * * * Councilman Kreiling stated that an understanding among City Councilmen should be made concerning the involvement of policy making officials in a riot situation. * * * * * * Mr. Harry Musser, 20090 E. llBth Ava, president of the Englewood Employees' Association, appeared before City Council. Mr. Musser discussed the proposed bill for an ordinance placing the Personnel Director under the City Manager. Mr. Musser stated that the employees did not know the position of the City Council concerning the proposed bill or reasons for its passage and sug- gested that members of City Council, Career Service Board, Mr. John Murphy, Mr. Stanley H Dial, and Mr. John Criswell come to the Englewood Employees' Association meeting of April 14, 1969 , in order that the pros and cons could be brought into the open. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll , the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay , Lone, Parkinson, Schwab. Nays: None. Absent : None. The Ma y o r decla r ed the motion carried and the meet i ng adjourned at 2:15 A .M . ~a?'? _,.4Jr:jf the Cou I • • • 1 - • REGULAR MEETING: • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 17, 1969 CTiY OFFICIAl.: CO ';!~CI L DOCUME .. ,... ,., .') ... k r-tl 2 I ',)CJ COU N C IL ME ··- CJTY 0 L. riN G FILE F ENGLEWOO D , COLO. The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 17, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Allen Strong of the First Presbyterian Church. Pledge of Allegiance was led by Boy Scout Troop No. 333. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Lay, Kreiling, Dhority, Brown, Schwab. Absent: Councilmen Parkinson, Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF FEBRUARY 3, 1969, FEBRUARY 17, 1969, AND MARCH 3, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lay, Kreiling, Dhority, Brown, Schwab-. Nays: None. Absent: Councilmen Parkinson, Lone. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following from the list of "Special Citizen Program Invitees": Mr. and Mrs. Robert Jones, 2995 South Grant Street, Englewood, Colorado. Mr. Roger Howard and his mother, 4709 South Sherman Street, Englewood, Colorado. * * * * * * COUNCILMAN LAY MOVED , COUNCILMAN DHORITY SECONDED , THAT THE PUBLIC HEARING ON THE REZONING OF LOTS 11 THRU 23, BLOCK 15 , JACKSON'S BROADWAY HEIGHTS FROM R-1-C TO R-3-B BE OPENED . Upon the call of the roll, the vote resulted as follows: APR21 • I • • ....... • • Ayes: Councilmen Lay, Kreiling, Dhority, Brown , Schwab. Nays: None. Absent: Councilmen Parkinson, Lone. The Mayor declared the motion carried and the public hearing open at 8:15 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) Mrs. D. A. Romans, Planning Director, appeared before City Council and discussed the rezoning. Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Petition containing 33 signatures (unverified) Map showing area where petition was circulated Photographs of property Plans of structure proposed to be built on the property (Councilman Parkinson entered the Council Chambers at 8:20P.M. and took his seat.) Mr. Wilbur G. Wright, 6088 South Lakeview, appeared before City Council and discussed the rezoning. Mr. Robert Card, 4079 South Acoma, appeared before City Council in favor of the rezoning. Note: No one appeared in opposition to the rezoning. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority , Brown, Schwab. Nays: None. Absent: councilman Lone. The Mayor declared the motion carried and the public hearing closed at 8:35 P.M. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF LOTS ll THRU 23, BLOCK 15, JACKSON'S BROADWAY HEIGHTS FROM R-1-C TO R-3-B BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * -2- . , I • • .• I ! I ~ • The minutes of the Planning and Zoning Commission meeting of February 19, 1969, were received for the record. * * * * * * A memorandum from the Public Library Board recommending the retention of architectural services for library expansion was received for the record. City Manager Dial stated that the cost of retaining an architect to study library expansion as proposed i~ the Library Board's recommendation was estimated at $2,500 and that a very general cost estimate of the proposed expansion is placed at $110,000. City Manager Dial recommended that the proposed retention of architectural service for library expansion be submitted to the Planning Commission for its review with other capital improve- ment programs and establishment of a priority recommendation for the 1970 Budget. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE PUBLIC LIBRARY BOARD BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * The financial statements of the Fire and Police Pension Funds as of December 31, 1968, were received for the record. * * * * * * The financi al statements of the General, Water, Sewer , and Public Improvement Funds as of February 28, 1969, were received for the record. * * * * * * The financial statement of the Recreation Fund as of February 28, 1969, was received for the record. * * * * * * A memorandum from Stephen A. Lyon regarding tax certi- ficates held by the City was received for the record. RESOLUTION NO. 11, SERIES OF 1969 A RESOLUTION AUTHORIZING THE CITY CLERK TO ENTER INTO AGREEMENTS FOR THE REDEMPTION OF TAX CERTIFICATES HELD BY THE CITY OF ENGLEWOOD. (Copied in full in the official Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 11, SERIES OF 1969, BE ADOPTED AND APPROVED. -3- I • • \ 1 I ! - • • Upon the call of the roll , the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * A memorandum from the Planning and Zoning Commission recommending authorization for attendance at the American Society of Planning Officials Conference in Cincinnati, Ohio, April 20 to 24, 1969, was received for the record. COUNCILMAN PARKINSON MOVED , COUNCILMAN BROWN SECONDED, THAT THE PLANNING DIRECTOR AND A MEMBER OF THE PLANNING AND ZONING COMMISSION BE AUTHORIZED TO ATTEND THE CONFERENCE OF THE AMERICAN SOCIETY OF PLANNING OFFICIALS IN CINCINNATI, OHIO, APRIL 20 TO 24, 1969. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * A revised schedule for Paving District No. 17 was received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 11 , SERIES OF 1969 AN ORDINANCE VACATING AN ALLEY LOCATED WITHIN BLOCK 6, HIGGINS ENGLEWOOD GARDENS, COUNTY OF ARAPAHOE , CITY OF ENGLEWOOD , STATE OF COLORADO , AND RESERVING AN EASEMENT THEREIN FOR SEWER , GAS , WATER , AND SIMILAR PIPELINES, APPURTENANCES AND UTILITIES, AND FOR ELECTRIC , TELEPHONE AND SIMILAR LINES, APPURTENANCES AND UTILITIES. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 11, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson , Lay, Kreiling, Dhority , Brown, Schwab. Nays: None. Absen t: Councilman Lone . The Mayor declared the mot~on carried. * * * * * * -4- -----..---...,.. .. I • • ' - • • • Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. ,_ 18, ORDERING THE CONSTRUCTION THEREIN OF STREET AND AVENUE IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAY- MENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. * * * * * * Introduced as a Bill by Coun cilman Kreiling and read in full, A BILL FOR AN ORDINANCE AN ORDINANCE ESTABLISHING FOUR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD AND REPEALING ORDINANCE NO. 14, SERIES OF 1963, ORDINANCE NO. 9, SERIES OF 1967, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. * * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE AN ORDINANCE AMENDING ARTICLE 16.5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO LEVY THE TAX IMPOSED BY SAID CHAPTER UPON ALL SALES OF FERMENTED MALT BEVERAGES, MALT, VINOUS OR SPIRITUOUS LIQUORS AND UPON THE RENTAL PRICE OF ALL LODGING ROOMS LET OR RENTED FOf-A PERIOD OF LESS THAN THIRTY (30) DAYS. City Council discussed whether to postpone the bill for an ordinance until the next City Council meeting. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED , THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lay, Dhority, Brown, Schwab. Nays: Councilmen Parkinson, Kreiling. Absent: Councilman Lone. The Mayor declared the motion c arried. * * * * * * Introduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DISPOSAL OF WEEDS OR RUBBISH THEREFROM. COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. -5- I I 'T I • • - • • • • Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ON ESTABLISHING FOUR COUNCIL DISTRICffi WITHIN THE CITY OF ENGLEWOOD BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Criswell reported that the City of Englewood, the City Manager, and other municipal officials had been named in a civil suit filed by Mr. Oliver S. Kingsley, 720 Quitman Street, for violation of Mr. Kingsley's civil rights because of said officials requiring the cleaning of property located at 2350 South Tejon Street. Mr. Criswell requested authorization of the City Council to defend this action. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD AND ITS MUNICIPAL OFFICIALS IN THE CIVIL ACTION BROUGHT AGAINST THEM BY MR. OLIVER S. KINGSLEY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Criswell reported that the Fout property had been acquired through eminent domain proceedings at a purchase price of $55,000. Mr. Criswell stated that one park property was left to acquire; that owued by Mr. Herndon at Englewood-Belleview Park Addition. * * * * * * -6- . , I • • \ I I 'r •' ' X -• C~ y counc1l d1a uas d he bill fo r an ordinance estab lish~ng Pav~n· D • r1c o. 18. THAT THE , CO UNCI LMAN LAY SECONDED, PASSED ON FIRST READING WITH THE D LAWARE FROM THE DISTRICT AND Ay Brown, Sch .... ay Absn Counc1l a Lon . The Ma yor declared h motion carried . * * * * * * TO THI S DELETION MADE AND D HERA LD AND ENTERPRISE . sul ed as f ollows: City Attorney Criswell stated th at the redistricting of C ity Council districts must be passed on second reading pri or to April 7, 1969 , in order for it to become effective six months prior to the next municipal election as required by the City Charter. Mr. Criswell stated that the only other way to avoid falling within the six month time limit would be for the City Council to make the bill for an ordinance an emergency. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT SAID BILL FOR AN ORDINANCE IS HEREBY AMENDED TO BE AN EMERGENCY AND THAT THE FINANCE DIRECTOR BE INSTRUCTED TO ADD THE NECESSARY EMERGENCY CLAUSES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kre iling, Dh or ity, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Ma yor declared the motion carried. * * * * * * City Manager Dial gave an oral report concerning the opening o f the library on Sundays. Mr. Dial stated that the cost of this opening for the ten Sundays would be $650. Councilman Lay requested additional informa tion during the course o f the experiment and after the ten Sunday openings have been completed. * * * * * * City Manager Dial presented a memorandum concerning service connected injury compensati on allowed by the City of Englewood. * * * * * * -7-I • • ' • • • • A memorandum from the Director of Public Works, Kells Waggoner, discussing allocation of work to be obtained from the Arapahoe County Road and Bridge Fund mill levy credit to the City of Englewood was received by City Council. City council discussed the recommendation and need for improvements on South e{arkson Street from U.S. 285 to East Belleview Avenue. * * * * * * City Manager Dial requested Council's approval of the attendance by the Director of Finance Lyon to the University of Kansas' City Management School, April 23 to 25, 1969, at a cost not to exceed $200. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE ATTENDANCE OF THE DIRECTOR OF FINANCE TO THE CITY MANAGE- MENT SCHOOL AT KANSAS UNIVERSITY BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial presented to members of City Council a Lease and Option Agreement between the City of Englewood and Mr. Ernest Herbertson and others for the lease of 4.1 acres located near the Sewage Disposal Plant. Mr. Dial stated that the lease had a term of thirty-five years and called for a total rental payment during the period of $210,000. Against the $210,000 there is to be applied a credit of $18,000, the value of the land located at the Natches Court site which is to be deeded to Mr. Herbertson. City Council discussed the lease. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE LEASE BETWEEN THE CITY OF ENGLEWOOD AND MR. ERNEST HERBERTSON AND THE WARRANTY DEED CONVEYING THE NATCHES COURT SITE TO MR. HERBERTSON FOR A SUM OF $18,000 AS RECOMMENDED BY THE CITY MANAGER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone . The Mayor declared the motion carried. * * * * * * City Manager Dial reported that a letter from Mr. Don West of the Colorado Division of Game, Fish, and Parks requesting that an affidavit be given by the City that it intends to obtain its share of the funds for development of a golf course at the -8- . I ·' I ! 'r I • • • McLellan Reservoir site if the application for matching funds is approved by the State had been received. City Council discussed the requested response. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY RESPOND TO THE INQUIRY FROM THE DIVISION OF GAME, FISH, AND PARKS THAT THE CITY INTENDS TO OBTAIN ITS SOURCE OF FUNDS F OR THE DEVELOPMENT OF THE GOLF COURSE FROM A REVENUE BOND ISSUE OR FROM A BOND ISSUE OF A NON-PROFIT GOLF COURSE AUTHORITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. ****** City Manager Dial announced that the Library Director, Mrs. Phyllis Wiebe, had submitted her resignation effective June 6, 1969. Mr. Dial stated that the City would begin a search for a new Library Director. * * * * * * City Manager Dial reported that Student Government Day had been scheduled for April 25, 1969, and the Student City Council meeting to be held in connection with Student Government Day had been scheduled for 7:30P.M., May 5, 1969. * * * * * * City Manager Dial stated that a new Police and Fire radio repeater tower had been erected on top of the Continental National Bank Building in the last few weeks. * * * * * * City Manager Dial reported that he would be out of town April 17 to 19, 1969, to attend the International City Managers' Association Conference in Riverside, California and April 24 to 25, 1969, to attend a meeting of the New Mexico State Managers' Association. * * * * * * Councilman Lay requested that the City Manager set up meetings between the City Council and the various boards and commissions at least biannually. City Manager Dial suggested that the second City Council meeting of each month be preceded b y a dinner meeting with one of the various boards. * * * * * * Councilman Lay suggested that the Mayor designate a citizens' budget committee. -9- ....,.-----------.• ·' I ! . , 'f I • • - • • Mayor Schwab discussed the proposal and stated that further discussion could be g~ven at the City Council retreat scheduled for May 16, 17, and 18, 1969. * * * * * * Councilman Lay stated that he had received a number of responses from the citizens stating their pleasure with th e location of Centennial Park and the type of park planned. * * * * * COUNCILMAN LAY MOVED , COUNCILMAN PARKINSON SECONDED , THAT THE REZONING OF LOTS 11 THRU 23, BLOCK 15, JACKSON'S BROADWAY HEIGHTS FROM R-1-C TO R-3-B BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay , Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 12, SERIES OF 1969 AN ORDINANCE AMENDING ORDINANCE NO . 26, SERIES OF 1963, ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ZONING MAP ATTACHED THERETO, TO REZONE CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED THEREIN FROM R-1-C (SINGLE FAMILY RESIDENTIAL) TO R-3-B (MULTI-FAMILY RESIDENTIAL), PURSUANT TO THE APPLICATION OF WILBUR WRIGHT AND RELATING TO THE SOUTH HALF OF THE 4000 BLOCK OF SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED , THAT ORDINANCE NO. 12, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE BILL FOR AN ORDINANCE ON THE REZONING REQUESTED BY MR. W. H. '!'HORNEY BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes : Councilmen Park~nson , Lay, Kreiling, Dhority, Brown, S c hwab. -1 0 - •• ' r '!' I • • ' • • • Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. Introduced as a Bill by Councilman Park inson and read in full , A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 26, SERIES OF 1963, ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ZONING MAP ATTACHED THERETO, TO REZONE CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED THEREIN FROM R-2-A (TWO-FAMILY RESIDENTIAL) TO R-3-B (MULTI-FAMILY RESIDENTIAL) , PURSUANT TO THE APPLICATION OF W. H. THORNEY AND RELATING TO THE 3000 BLOCK OF SOUTH DELAWARE STREET, ENGLEWOOD, COLORADO. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE AND THAT A PUBLIC HEARING BE ESTABLISHED FOR APRIL 7, 1969, AT 8:00 P.M. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority , Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Councilman Kreiling requested the City Attorney to draft a bill for an ordinance and present it at the next C~ty council meeting removing the business and occupationa l tax from liquor establishments. * * * * * * COUNCILMAN SCHW~B MOVED, COUNCILMAN LAY SECONDED , THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried and the meeting adjourned at 11:25 P.M • I • • f I • • OFFICIAL CrrY COU NCIL D O CUMENT p.-.. ~ . ., ..., COUNCIL CHAMBERS 1-Wti 2 'G9 CITY OF ENGLEWOOD, COLORADO APRIL 4, 1969 COUNCIL ~.lC ' r!'..:G F ILE CJrt O.E .ENGLEWOOD, COLO. SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, State of Colorado, met in special session Friday, April 4, 1969, at 4:30 P.M. in Conferen~e Room B, City Hall, Englewood, Colorado. Clerk: The following "Notice of Call" was read by the City April 4, 1969 NOTICE OF CALL BY THE MAYOR FOR SPECIAL SESSION OF THE CITY COUNCIL FRIDAY, APRIL 4, 1969 --4:30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado , is hereby called to a special meeting in the City Hall, 3400 South Elati Street, for the purpose of considering a Bill for an Ordinance amending Ordinance No. 14, Series of 1965, said Ordinance dealing with special improvement district procedures. /s/ STANLEY H. DIAL City Manager SHD /mmb ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Councilmen of the City of Englewood, Colorado, do hereby acknowledge receipt of Notice of the above special session: /s/ John J. Lay /s/ Dick Lone /s/ Elmer E. Schwab /s/ Louis Parkinson /s/ Dallas Dhority Notice was given to the following Councilmen who were not in attendance: Counc ilman Kreiling Councjlman Brown Ma yor Schwab, presiding, called the meeting to order and asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Dhority, Schwab. Absent: Councilmen Kreiling, Brown. The Mayor declared a quorum present. .. I • • ·' I ! ' 'T • • Also present wer e: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. City Manager Dial stated that Ordinance No. 14, Series of 1965 which sets forth district assessment and construction pro- ceedi ngs adopted portions of the State Statutes dealing with special improvement districts. Mr. Dial stated that of specific concern were those portions of the State Statutes setting the interest rates at a maximum of 6 per cent on special improvement district bonds and assessments. Mr. Dial stated that the 20- Bond Index presently in effect is at 5.30 per cent and that if municipal bond interest rates continue to climb there is the possibility th at the bonds on Paving District No. 18 would receive a bid slightly in excess of 6 per cent. If such a situat i on would occur the City would be unable to proceed with the district unless the 6 per cent maximum were to be abolished and a higher maximum substituted by the City Council. City Council discussed the problem. Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE AMENDING SECTION 14.2 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGENCY. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY ORDINANCE BE PASSED ON FIRST READING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, S c hwab. Nays: None. Absent: Councilmen Kreiling, Brown. The Mayor declared the motion carried. City Council discussed the maximum interest rate to be ch arged on assessments. It was the consensus of Council that the interest rate not be less than 6 per cent; but should the interest rate on the bonds fall in exces~ of 6 per cent, that a ssessments would bear the actual interest rate on the bonds plus .5 per cent. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Schwab. Nays : None. Absent: Councilmen Kreiling, Brown. The Mayor declared the motion carried and the meeting adjourned at 5:25 P.M. ·~~~ c rk oTthCO • I I • • • • 0 - "SPECIAL CITIZEN PROGRAM INVITEES" -April 21, 1 969 Precinct No . 1 -Mr. Jim Keith, 2300 West Warren Avenue, Englewood I ~inct No . 2 q~. -Mr. W iam C. Cline, 2774 South Bannock Street, Englewood Precinct No . 3 -Mr. Fred Szalay, 644 East Yale Place, Eilglewood Precinct No . 4 -Mr. Andrew J. Robertson, 3555 South Bannock Street, Englewood 0 r cinct ~---5 -Mr . Frank B. Golus, 3195 South Clarkson Street, Englewood Precinct No . 6 -Mr . Arthur W. Lindberg, 3365 South Emerson Street, Englewood Precinct No . 7 -Mr . J. K. Armstrong, 3001 South Marion Street, Englewood Precinct No . 8 -Mr. J . R. Dax, 3286 South High Street, Englewood Precinct No. 9 -Mr. Homer T. Jones, 3971 South Cherokee Street, Englewood Precinct No . 10 -Harold D. Arnold , 3848 South Grant Street, Englewood Precinct No . 11 -Mr. Jacob DeHe rrera, 4251 South Pearl Street, Englewood Precinct No . 12 -Mr. Newton J . Patterson, 4242 South Fox Street, Englewood Precinct No . 13 -Mr. Francis J. Evans, 4250 South Cherokee Street, Englewood . q..ft.. .. plecinct No . 14 -Mr. t:"'F."Dunham, 5001 South Clarkson Street, Englewood , Precinct No . 15 -Mr. Russel C. Welch, 4991 South Elati Street, Englewood Precinct No . 16-Mr. F . R. Curtis, 2974 West Chenango Avenue, Englewood • I • • . , .• I ! ' ' ,. - - • STUDENT Dave Kavan Russ Woods Ed Karlson Sue White Frank Coberly Judy Ahrens Kathy Fishbach Dal e Marcotte Allen McPherson • 0 • . OFFI C l' ClTY COLI ,....L ;:> •c n" J • II! CO UNCIL f,![,_,,.,G f-I LE CIT'i OF. ENGLEWOjO, COLO. 1969 STUDENT GOVERNMENT POSITION OFFICIAL Mayor Elmer E. Schwab Councilman Lou Parkinson Councilman Richard Lone Councilman Howard R. Brown Councilman John J . Lay Councilman John Kreiling Councilman Dallas J. Dhority City Manager Stanley H . Dial City Attorney John Criswell Office of City Manager April 2 1 , 1969 ij ·. . I .• I ! '!' I • l • • • TO : FIIOM: • - INTEII.OFFICE MEMORANDUM ICt 1.. ,... 'fCN'r Mr. Stanley H. Dial, City Manager DATI: April 7, 1969 E OLQ, Beryl A. Wallace, Chief Building Inspector SUIJECT : AMENDING THE ENGLEWOOD BUILDING CODE The englewood Building Code Revision Committee has completed their review of the Building Code with the exception of Chapters 15, 53 through 58, 60 and 61. Work will continue on these chapters. It is the recommendation of the Building Code Revision committee that the Denver Building Code, adopted by Denver Ordinance No. 1, Series of 1969 and published in full January 17 and January 24, 1969, be adopted by reference as the Englewood Building Code with the exception of the above named chapters . This building code is essentially the same code Englewood has been using since May of 1966. Chapters 16, 33, 37, 38, 51, 52 and 59 in which there have been some changes since 1966 have been reviewed in detail by the revision committee and are submitted for adoption with some minor changes. Chapter 15 and changes will be published as required by Ordinance. By adopting this ordinance as corrected it will place the Englewood Building Code in o ne book the same as the Denver Code with the title page and the administrative section which will be printed and placed in the same volume. Submitted herewith are a copy of the revisions in the code, legal description of the Fire zones and a map showing same. FOR THE COMMITTEE, ~-~W~~t'tha irman ~=:~~I\ Allen Cleo Brown Rex Garrett John Criswell Fred Janssen Doug s evern .• I ! 'r I • • - • • 0 • Denver Ordinance No . l; Ser i es of 1969 -adopted and published January 17, 1969 and Januar y 24, 1969. Chapters 4 through 43, 45 through 52 and 59 , each inclusive . 13.13-1 GENERAL CHANGES IN DENVER BUILDING CODE (a) Wherever the words "City and county of Denver" appear in the ordinance such words shall be deleted and there shall be substituted therefor the words "City of Englewood" and wherever just the word "Denver" appears it shall be deleted and there shall be substituted therefor the word "Englewood." (b) Wherever the words "Manager of He alth and Hospitals" appear in the ordinance such wo r d s shal l be d eleted and there shall be substituted th e refo r the wo rds "Tri-Co unty Health Department." (c) Wherever the wo r d s "Ar tic le 234 , Re vised Municipal Code" appear in th e o rdinance such wo r ds s hall b e deleted and there shall be substituted therefor the wo r ds "NFPA, Pamphlet 30." (d) Wher -e ver the words "Chapter 53" appears in the ordinance such words shall be deleted and ther e shall be substituted ther e for the words "Section 13.23 o f th e Revised Municipal Code and NEC." 13.13-2 SPECIFIC CHANGES IN DENVER BUILDING CODE. The following sections of the Denver Building Code are hereby changed and amended as follows: Section 400-4 Add at the e nd of paragraph "Garage Repair" a new paragraph as fo llo ws: "Garage S e rvi ce , is any building or port ion thereof us ed fo r change o f parts onl y ." S ection 400-8 A fte r t he p aragr aph "Va lu e o r Valuation" delete t h e word s "S ee Section 13 .7 of th e Revi s e d Munic i pal code." S ec t ion 50 4 In the last sen te n ce of sub se ction (e ) d e l e t e the last p ar t of t he said se n t n ee beginn i n g wi th the words "th e zon i n g Admi n- i strator" and substitute therefor the wo rds "Ch i e f Bu i ld i n g Ins p ec t o r u n der autho r i t y grant d in Or dinanc No . 26, S e r ies of 19 6 3 ." S ec tion 51 1 In the first sent e n ce delete th e followi n g wo r d s "Bu i l d ing Lie nsees C l a ss A , B, C and Ho me o wn e r s , Wr eck i n g Licensees Class A a n d B" a n d substi tute the fol l o wi n g words "Buildin g contracto r s , hom o wn e r s a n d wreck i n g con trac t o r s ." Section 910 In subsection (b) delet the last s n t nc beginn ing with t he wo r ds "The Boa r d of Heal t h and Hospi t als .... " I • • . ' •' I ! I '! - • • • - Section 1002 Add a n e ~ subsectio n (b) 6 . to read as follows: "Blowout panels may be required i n certain locations by the Chief Building Inspector." Section 1010 In subsection (a) in the f irst sentence after the words "Dry cleaning plants" add the fo llowing words "using combustible solvents." In subsection (d) in the last s e ntence delete the following words "Article 762, Revised Municipal Code" and add the following words "Ordinance No. 26, Series of 1963." Section 1109 In subs e ct i on (b) in the first sentence delete the following words "more than one" and insert the following words "one or more." Section 1110 In subsectio n (d) delete the following words Article 762, Revi sed Municipal Code" and substitute the words "Ordinance No . 2 6 , S e ries of 19 6 3 ." Section 1405 Add at the end o f subs e ction (d ) the following words "A waste di spo s al shall not be required when the dwelling is connected to o the r than a sanitary s e wer." Section 1500 Delete e nt i r e Section 1 5 and insert the following: (See attached Chapte r 1 5 .) Section 160 1 Delete subs ect i on (a) and ins e rt new subsect i on as follows: (See atta c h ed Fire z o ne Districts.) Section 171 5 In the fi rst sentence d elete the following words "Article 6 33 " and sub st i tute the f ollowing words "Section 13.1 6 of the Re v i sed Mu n icipal Code ." In t he third paragraph delete the fo llowing words "Ar tic l e 6 33 " and "Zoning Administrator" and sub s t i tute the fol l o wing words "S ec t ion 13 .26 of R v~sed Municipal Code " and'Ch ief Bu ildin g Ins p ec t or ." S ec t ion 2400In the last sent nc delet t h e fo l lowin g wo r ds "Chapter l of this Building Cod " and substit ute the following words "S ct~on 13.9 o Revised Municipal Code ." Section 2601 In th firs t sent nee del te the following wo r ds "Chapter 3" nd su s titute the following words "Chapt r 13 of Revised Mun~cipal Cod ." ... I • • f - • • ,_ 0 - Section 2801 In subsection (c) paragraph 5 i n the last sentence delete the following words "112 of the Building Code" and substitute the followi n g words "27 of the Revised Municipal Co de ." Sect ion 2805 In subsection (a) in the first sentence after the words "Acc essory bui lding" insert the following words "of Type IV or V construction except masonry veneer building." In subs ec t ion (b) in the first sentence after the word "Group" delete th e letter "I" and substitute the letter "J." Section 2830 In the heading of the Table No. 28A a f ter the words "Type III Buildings" add the following words "and Type V masonry veneer buildings." In Table No. 28-B under "NOTES" after the words "No. 26-C" add the fo llowi n g words "also note exceptions in Section 2805." Section 3303 At the end of subsec tion (h) delete the following words "Chapter 54 " and add the fol lowing "Plate glass doors snall have a division bar or b e plainly marked." Section 3800 Add the following words at the end of the subsection (e ) "Denver Thred Speci fi cation 3-3/3 2 OD x 8 thread -plus or minus - Rood Di ameter 2-29/32 ." At the e n d of subsection (j ) add after the word "Chapter" t he following words "27 of the Revised Municipal Code." In subsection (i) befor e the word "Plan " i nsert th e following words "Complete Mechanical" and i n mid-section of paragraph delete th e following words "Chapter 3" and insert the following words "S e ction 13.11 of the Revised Municipa l Code." Section 3812 In the paragraph where the words "City Board of Hater Commissioners" appears delete and substitute the following words "Director of Utilities." Section 3815 In the subsection "EXCEPT ION" delete "1973" and substitute "1975." Section 4601 In subsection (e) 1. delete the following words "Class A Wrecker -$20 ,000/50 ,000 -$100,000/300 ,000 and Class B Wrecker -$20,000/50,000 -$50,000/100,000" and add after House Mover th following word "wrecking ." In subsection 2 at the e nd of th fi rst paragraph d lete the following words "Class A Wrecker" and add the following words "Moving and/or Wr ecker Contractor." I • • ·' I I . f 'r • • • - - S e ction 4602 In subsection (b) 3. delete the words "City Engineer" a nd "Denver Board of Water Conunissioner" and substitute the following wo r ds "Director of Utilities" in both places. Sect ion 4613 In subsection (h) i n the first sentence delete the follow in g words "of twenty-five dollars ($25.00)" and "for out-of- city b uilding s " and in the first space insert the following words "as prov ided in S e ction 13.11-3 of the Revised Municipal Code." Section 4801 In subsection (d ) delete the words "Chapter 3" and substitute the fo llowing words "Section 13 of the Revised Municipal Code." S ec tion 4810 In subsection (c) dele te the words "Ch;tpter l" and substitute th e following words "Section 13 of the Revised Municipal Code." Section 5001.2.57.1 Delete the last part of the sentence beginning with the words "and it ..•. " Section 5001 .2.57.2 Delete the words "Ord. 98, Ser ies of 1955." Section 5002 .12 Delete the words "City Engine e r" and substitute the following words "Director of Utilities." Section or T able 5007 . 21. 2 Add a paragraph as follows "10. All places that have employees of both sexes shall provide toilet f ac ilities for each sex. EXCEPTION: A small retail establishment may have one toilet room conta i ning a water closet and lavatory to accomoda t both sexes when approved by the Departme nt." Section 501 3 .1 .1 Delete the words "City Engineer" and substitute the following words "Di rector of Utilities." Section 5015 .A.l In this paragraph delete the followin g words: "adopted by the Board of Health and Hospitals and promulgated by the Department o Health and Hospital s" and substitute the following words "pr scribed by the Tri-County Health Department." Section 50 1 5 .A .2 .1 D l e te the portion of the last senten ce beginning with the words "In section 301. •.. " and add the following words "by th Tr i -County Health Department ." Section 5015 .A.2 .2 D l e te this entire section . ,. . I • • .. ·' \ ! • • • • S e ction 5015 .A.2 .3 Delete the word "department" in the last part o f t he se n tence a n d i ns e rt t h e wo r d "owner." Section 5016 De l ete the last part of the sentence beginning with .the words "by the Chief ••• " and substitute the following words "and inspe ct ion of Tri-County Health Department." Section 5100 In subsection (b) delete the words "Chapter 1" and substitute the f ollowing words "Section 13.8-2 and Section 13.8-3 o f the Revised Municipal Code." Section 5101 At the end o f the Definition of Approved delete the words "Chapter l" and substitute the words "Section 13.9 of the Revised Municipal Code." Section 5113 In subsection (d) at the end of the sentence "gas ranges" add the following words "and except three feet in length to connect ce i ling mounted unit heater and gas fired clothes d ryers." Section 5201 Under subsection (b) delete the words "Chapter 3" and add the f ollowing words "Section 13.11 of the Revised Municipal Code." Under subs e ction (f) following the words "cavity walls" insert the fo llo wi n g word s "spaces above." In the second sentence a f ter the words "opening in" insert the word "required" and at the end of the paragraph add the words "Insulated cold water, hot water, steam, fir e protection and electric lines are allowed in supply return and exhaust plenum spaces." Under sub s e ction (i) at the beginning of the first sentence add the words "f u e l f i red." Un der s u bsection (o ) i n the fi rs t sentence d e l e t e the words "F and H Oc c upancies" and add the wo rds "and H Occupancy s h all have a c e ntral sys t em for e a c h d we ll i n g unit." S e ction 5203 Un der the s u bsec t i on (e ) 5. a f ter the words "fl o or o r" i nsf:l:"t the words "requir ed rated." S e ction 5219 Un der subsec t i on (d ) 1. a t the end of the paragraph add t he words "or provide one (1) h o ur f ire s e paration." Section 5228 Un der subsec t ion (d ) a t t h e end of t he paragraph add t h e f o llo wi n g sen ten ce "Cu bic area may b e based u p o n eigh t (8 ) feet ceiling ." . , ·' 1 r '! I • ' - ENGLEWOOD COLORADO •o 1 Fire No . 2 No . 3 Fire zone Districts in Englewood. • • - -. ~ N ~&NWIM• DC~T 4;,,.,. o• ... ..._.wooo ......... -·· I ! '! I • • • • .. CHA PTER 15 -REQUIREMENTS FOR GROUP J OCCUPANCIES SECTION 1501 GROU P J OCCUPANCIES DEFINED. Grou p J occupanc ie s shal l be : Division 1. Pr ivat e garages, s heds and min o r bu ildings used a s a c cessories o nl y when not over one thousand s q uare feet (1000 sq. ft.) in area. Division 2. Fences, water tanks, towers and r e taining walls. For occupancy separat ion see T able No. 5 -B. Section 1502 CONSTRUCTION, HEIGHT AND AREA ALLOWABLE. (a) GENERAL. Buildings classed as Group J shall be of Type I, II, III, IV or V construction as specified in Part V of this Code, The floor area shall not exceed o ne thousand square feet (1,000 sq. ft.). The height shall not exceed one (1) story. When any build i ng exceeds the limi t specified in th is Chapter it shall be classed in the occupancy group other than Group J that it most nearly resembles. Structures of sheet metal or corrugated metal shall not be permitted in residentiall y zone districts. (b) SPECIAL PROVISIONS. No room us ed for sleeping purposes shall open directly into a private garage. SECTION 1503. LOCATION (a) IN CITY. For restrict ions on Types III, IV AND V construction in Fire zone No. l, and restrictions on Type V construction in Fire zones No. 2 and No . 3 , see Section 1602, 1603 and 1604. See Distr ict zone regulations for restrictions i n District Zones (see S ection 22 of the Rev ised Mun icipal Code.) (b) ON PROPERTY. Se e District zone regulat ions fo r setback requirements (See Section 22 of the Revised Municipal Code.) (c) EXTERIOR WALL AND OPENING PROTECTION. Building s of Type IV or v Construction shall comply with the following: Exterior walls, or parts of wall s , e x cept on street fronts, housing Di vision 1 occupancies, which are less than thre e (3') f rom adjacent property lines, shall be protected on the exterior with lath and plaster approved for one-hour fi re-resistive construction. I ! ! I • • , - • • - For regulatin g a dJacent buildin gs o n the same prope rty , s ee S ec tion 5 04 . SECTION 1504. STAIRWAYS. Sta i rways in Division 1 occupancies shall compl y with the provi sions of Section 1404. SECTION 1505. ENCLOSURE OF VERTICAL OPENINGS. Vertical openings need not be enclosed. SECTION 1506. FIRE-EXTINGUISHING APPARATUS. Fire -extinguishing apparatus shall be installed as requir ed in Chapt er 38. ,. . • Where more than three (3) automobiles are stored i n any private garage, there shall be installed not less than one two and one-half (2~) gallon chemical e xtingu isher for each five c ars or major f raction thereof. SECTION 1507. SPECIAL HAZARDS. Chimneys and vents shall be constructed in conformance with the requirements of Chapter 37. SECTION 1508. FENCES AND RETAINING WALLS. (a) Classification: 1. Masonry Walls 2. Ornamental iron. 3. Woven wire 4. Wood picket (more than 50% open) 5. Sol i d f ences (wood or metal less than 50% open) 6. Hedges (b) Fences in residence and business districts and fenc es enclosing plo ts used for dwell i ng purposes in all districts shall conform to the followi n g requirements. 1. Fences erec ted i n front of the fro nt building line shall be of Class 2, 3, 4 or 6, and shall n o t e x ceed a height of three feet six i nches (3' 6"). 2 . , ·' I 1 '!' I • • - • ,._ • - • 2. Sid yard fe nces back of the fro nt building line shall be of any class , but shall not exce d a height of thr e f et six inches (J' 6 ") to the rear of the neighborhood dwelling, and a height of s1x feet (6 ft .) from the rear of said dwelling to back property l1ne. J . Rear y ar d fe nc es may be of any class , but shall not exceed a height of six (6) ft .). o n 4 . For buildings located/corn er l ots , the restri ctions for fences i n the yard facin g o n th e side stree t shall be th e same as in paragraph 1 for f ront yard fences. 5 . No barbed wire or other sharp pointed fence, and n o electrically charged fen ce, shall be erected or maintained. 6 . In case of a fence e r ec te d o n top of a retaini n g wall, the height shall be measured from the grade of the high side . In case of a fence e r ected adjacent to and parallel with a retaining wall, but on the low side of such wall , the height of the fe nce may be measured from the top of the wall. 7 . On corner lots no fence , retaining wall, shrub , tree, or similar obstruction shall be erected or maintain ed which obstruc ts the tra ffic vi sion. A rear yard fence for a dis tance of 15 feet back shall taper down to three fee t six i n ches (3'6") on the street side property line . B. An y dil a pidated, unsightly , or dangerous fe nc e shall be removed wh e n so ordered by the Ch ief Building Inspector . 9 . Re ta ining walls shall be adequately designed and drain ed so as to resist all lateral pressure t o which they may be subject. Re tai n i n g walls shall not be ere cted in any front yard when in the opin ion of the Chief Building Insp ector, such retaining wall would be unsightly or detrimenta l to adjoining property . Retain ing walls in re•lfi dent i al area• •hall not exceed three feet six inches (3'6") in height unless stepped back one foot for each on foot of additional height . An y variance must be approved by the Board of AdJustment and Appeals. 10. When, in his Judgment, th e publ1 c h alth, saf ty and welfare will b substant i ally served and th neighboring property will not be materially d amaged an d a copy of an agreement between neighboring property o wners is filed i n his office , the Chief Building Inspector may, at his discretion, vary the requirem nts of this Section. J ·' \ ! '!' I • • ' • • 0 - (c) In c omm rcial and Industrial z o n es n o fe n ce r ected 1 n the r qu1r d by the zoning Ordinanc e shall exceed a f et six inches (3 ' 6") and s uch fence sha ll be of front ya r d s p a c h ight of hre Cla ss 2, 3 , 4 , o r 6 construction . In other than r equ ir ed front y ards , fen_es ma y be of any he1gh t or t y pe of construction . Barbed wir or s1mi lar mat ri als ma y be used at a h i gh t of n o t l es s than six e t (6 ') a bov rad e . No electricall y charged fe nc e shall beer c t ed o r maintained . F nc es shall be kept in repair , a n d a n y d ilapidate , d ange rous, o r u nsightly fence shall be removed o r r e paired when so o r de r ed by the Chief Bui l ding I nspecto r . 4 0 I • • .• \ l 0 '! • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION March 19, 1969 I. CALL TO ORDER. The regular meeTing of the City Planning and Zoning Commission was called to order by Vice-Chairman Lentsch at 8:10 P . M. c 1..,....., 0 r f-"1 'r Cvl I. r c-'~E" T Members pres e nt: Carlson ; Lentsch ; Lone; Parkinson Members absent: Touchton; Woods COlJ 1 , Also present : City Attorney Criswell II. APPROVAL OF MINUTES CITY OI-" Cl' C r .t t • • L[. "ICJOn. COLO . Mr. Lentsch stated that the minutes of March 5, 1969 were to b e considered for approval. Parkinson moved: Carlson seconded: The minutes of March 5 , 1969 be approved as written. The motion carried unanimously. III. D. SCHLEGELMILCH 325 W. 8ellev1 ew Parkinson moved: REZONING R-2-A to R 3-B Lone seconded: The Public Hearing be opened. The motion carried unanimously. CASE #l4-69A February 19, 1969 Mr. Touchton e ntered and took his place with the Commission. Mr. Lentsch asked Planning Director Romans to review the history of this rezoning request. Mrs. Romans stated that the applicant for the rezoning is a Mr. Schlegelmilch, who is represented by his attorney, Mr . Arthur Bowman. Mr. Schlegelmilch has requested a change of zone classification from R-2-A (Two-family Residential) to R-3-B (Multi-family Residential). Mrs . Romans reviewed the Comprehensive Zoning Ordinance requirements for the R-2-A and R-3-B Zone Districts, pointing out the permitted uses, lot area, frontage, setback, and off-street parking requirements which must b e met. The height in the R-3-B District is limited to three stories plus a garden level , or not more than 35 feet. Mrs. Romans pointed out that this same parcel has been considered on four previous occasions for rezoning: There was a request in January of 1961 asking a c hang e of zone classification from R-1-B (Single-family R esid ntial) to R-3-A (Multi-family Residential). This request was denied by th Planning Commission . In February of 1962, a request was filed asking a change of c lassi fication from R-1-B (Single-family Residential) to R-3-B (Multi-family Residential). This request was denied by the Commission. In September 1962 , a request was filed asking a change of zone from R-1-B (Single-family Resid e ntial) toT (Transitional). This request was recommended by the Plannin g Commission, and denied by the City Council. In F ebru ary 1963 , the City initiat d a rezoning on the subject site for a change of zone from R-1-B (Singl e-f amily R sid ntial) to R-2-A (Two-family Residential), which was approv d by the Commission and the City Council, and which zone c lassi ficatio n is impos d on the parc e l at this tim . Mrs. Romans point e d out that th re have been substantial changes in the ar a , and stated that th area immediately to th e south across W st B lleview Av e nu has b en ann x d to th City of Engl wood since the subject parcel was last con id r d for r zoning. This area is zoned for commercial and multi-family us s . Con tru tion of the K-Mart Store , which is lo c ated to south and ast of th subj ct property , was begun while the land was in the County and is a rath r si z abl facility which has stimulated smaller businesses to locate adjacent to it on th south sid of West Belleview Avenu e. The 1 • I I 'r I • • ( ( Carmel Park development has partially developed, making this area bounded by commercial and multi-family zoning on two sides, with the junior high school immediately to the north of this property, and the backyards of the single-family development which fronts on South Delaware Street to the West. Mrs . Romans stated that the required fee has been paid, and that the property has been prop~rly posted, with public notice appearing in the official City newspaper. Mr. Lentsch asked for the proponents to present their case. Mr. Bowman stated that the applicant he represents is a member of a group who has an option to purchase this property. He stated that he feels the area has changed materially since the previous rezoning considerations , and there is a considerable need for the type of development proposed by his client . Mr. Bowman stated he felt theR-3-B could serve as a "buffer" between the R-1 development on Delaware and the business development on Acoma. He also stated that he did not feel the land values of the single family residences would be lowered , but rather appreciate in value. He pointed out that the property was zoned R-2-A in 1963 , and in six years not one bit of the land has developed. He stated that if the zoning is left as R-2-A, the land will continue to be an "eyesore" and the structures on the property will continue to deteriorate until they fall down. Mr. Bowman noted that South Ch erokee Street which woul d run on the east line of this property, is not cut through at this point, and he feels that it should be. Mr. Bowman stated that he has discussed the matter with Mr. LoPata, one of the owners of four acres immediately to the east of 325 West Belleview, but they are not willing to d edicate 30 feet of ttieir land for street purposes. He noted that Mr . LoPata's land is for sale at the present time, and mentioned that his eli nts, Mr. Schlegelmilch, et al, are negotiating for the possible purchase of Mr. LoPata's land also . He also stated that his clients were willing to deed the entire street if this were the only way to provide access for their proposed development . Mr. Bowman felt this proposed dev elopment would increase the tax base for the city , and would off-set any burden on the school district that would be realized from children who might live in the apartments. He pointed out that any time vacant land is developed , wh ether for single-family, two- family , or multi-family use, the burden on the school district is increased, and he did not feel this should be a factor in the consideration of the zoning. Mr. Parkinson asked the location of the proposed Cherokee Street, and the acreage that Mr. Bowman's clients had und er option? Mr. Bowman replied that if Cherokee Street were extended, that it would be on the east property line of the land his clients are interested in, and on the west propertf line of the LoPata property. He stated that there were approximately 2~ acres in th site at 325 West Bellevi ew, and that the dimensions of the land were 165.26 ft. x 630 ft. Mr. Parkinson then asked if it would b e necessary for a subdivision plat to be filed on this property? Mrs. Romans replied that a plat would have to be filed or a waiver obtained from the Plannin g Commission, inasmuch as the Subdivision Regulations state that no building permit can b obtained unless th site is part of an approved subdivision. Mrs. Romans stated that the matter of ace ss to the prop rty would have to b considered at the tim of th Subdivision . Mr . Bowman state d th y would d e finitely provide an area for r creational purpos e s on the site , and that the west property line should be defin d with a "stockad fence" or some other means of affording the single-family homes on Delaware their privacy. Mr . Lentsch ask d i f ther wer anyon else who wished to speak in favor of th e appli ation? No on indicated th y wished to speak. 2 • . , \ ! '!' I • • - • ( ( Mr . Lentsch then asked for the opponents to the request to pr ese nt their case. Mr. Sletten 5050 S. Delawar e presented the fo llowing petition in opposition to the rezoning request: PETITION TO OPPOSE REZ ONING TO : PLANNING COMMISSION OF THE CITY OF ENGLEW OO D AND CITY COUNCIL OF THE CITY OF ENGLEWOOD RE: APPLICATION FOR REZONING OF THE PROPERTY, BEGINNING AT A P OINT ON THE N.E. CORNER OF LOT 16 DELAWARE HEIGHTS SUBDIVISI ON, THENCE NORTH AND ALONG THE EXTENDED EAST LINE OF DELAWARE HEIGHTS SUBDIVISI ON TO A P OINT ON THE CENTERLINE OF WE S T GRAND AVENUE, THENCE EAST AND AL ONG THE ENTERLINE OF WEST GRAND AVENUE TO A P OINT OF INTERSECTION WITH THE EXTENDED WEST LINE OF CARMEL PARK SUBDIVISI ON , THENCE S OUTH AND ALONG THE EXTENDED WEST LINE OF CAR MEL PARK S UB DI VI S I ON TO ITS I NTER- SECTION WITH THE CENTERLINE OF WEST BELLEVIEW AVENUE, THENCE WEST AND AL ONG THE CENTE RLINE OF WEST BELLEVIEW AVENUE TO I TS INTERSECTI ON WITH THE EXTENDED EAST LINE OF THE DELAWARE HEIGHTS SUBDIVI S I ON, THENCE NORTH AND AL ONG THE EXTENDED EAST LINE OF DELAWARE HEIGHTS SUBDIVI S ION TO THE P OI NT OF BEGINNING. Gentlemen: We, the und ers igne d , being real pro perty owners in the neighborhood in proximity to the abo ve location, respectfully request that you deny the application for the rezoning of t h e above described property from R-2-A (Two-family Residential) to R-3 -B (Multi-family Residential), and in opposition of s ai d application would state: That the property in question is now zoned R-2-A (Two-family Residential) which does create the n ecessary buffer zone between one-family residential and multi-family residential zoning. Furthermore , the property located east of the property in question is now zoned for apartment houses and has been l ef t undeveloped for several years wh 'ich leaves a question in our mind s as to whether there is a real need to rezone additional property for apartment houses at this time. We also believe that rezoning the above- mentione d property woul d be detrimental to the valuation of our property as it now exists. NAME RES I DENCE ADDRESS Norman J. Sletten 5050 s. Delaware Dolores L . Sletten 5050 s. Delaware Bernard B. Hanson 5070 s . Delaware Lila M. Hanson 5070 s. Delaware Ir ene F . Barrett 5040 s. Delaware Earl Barrett 5040 s. Delaware Kenneth Root 5030 s. Delaware Yanda M. Root 5030 s. Delaware Rob ert J . Mahon e y 5020 s. Delawar e Virginia C . Mahon y 5020 s. Delaware Sarah Jan t Enri g ht 5025 s. Delaware Charl e s M. En r i g ht 5025 s. Delaware N. May Frail y 5035 s. Delaware c. A. Frail y 5035 s. Delaware Conni e L . Fra i l y 5065 s. Delaware Larry A . Frailey 5065 s. Delaware Barney V. Phill ips 5045 s. Delawar e Blanch L . Phillips 5045 s. Delawar e Wallac e Stalk r 5075 s. Delawar e Mari e Stalker 5075 s. Delawar e 3 • . , I • • I I ' ' " AME Low 11 R. Kirby Mrs . Low 11 Kirby Robert C . Opitz Marg ar e t M. Op itz Don Amid i V ra Amid e i Louis T. Cangilla Patricia A . Cangilla Leroy H. Bauer Florence L. Bau e r Barbara L. Flieger Gordon W. Fli eger Doro thy J. Mills Jac k C . Mills Mrs. Russ e ll G . Scott Mr. Russ e ll G. S cott Joan A . Ol e son Larry K. Ol eson Miriam E. Ke nn edy J. B. Bur g n er Louise S . Bu rg n er Grant H . Good Marce lla J . Good • RESIDENCE ADDRESS 490 W. Grand Avenu 490 W. Grand Av e nu e 5010 S. Elati St. 5010 S. Elati St . 5020 S. Elati 5020 S. Elati 5000 S. De laware 5000 S. De laware 4995 S. Delawar e 4995 S . De lawar e 5021 S. Elati 5021 S c. Elati 5031 S. Elati 5031 S. Elati 4985 S . De lawar e 4985 S. De laware 4965 S . De lawar e 4965 S. De lawar e 4945 S. De lawar e 5015 S. De lawar e 5015 S. De lawar e 5090 S. De lawar e 5090 S. De laware Mr . Criswell aske d Mr. Sletten how much land in th e LoPata ownership h e fe l t was still vacant? Mr. Slett e n stated that probably 5 to 7 ! acres wer e vacant , that this would b e a rough estimate, but he thou ght it mi g ht be that much. Mr. L. T. Cangilla 5000 S . De lawar e -stated he could not s ee any n ee d for Ch e rokee Street to be opened, that the only need the applicants would possibly have would be to provide access to their d e velopment , and he didn 't fee l th e discussion of a street should have any b e arin g on the re- zoning. Mr. Cangilla stated that the ar e a did no t need another s wi mmin g poo l , that they live across the str eet from the pool at the Junior Hi g h School and it ge ts very noisy at times, and there is a pool in the Carme l Park d eve lopme nt f u rther ea st on Acoma. He stated that the original plan for Carmel Park ca lle d f or 12 or 14 structure s , they have a total of 6 now, and are trying to s e ll the remaind er of their land bec aus e they c annot d eve lop it . He is opposed to the rezoning. Mr. Hans en 5070 S . De law are -stat e d h e has live d in the are a for s ix years, and the onl y change h e has b ee n abl e to see is the construction of t h e K-Mart store, and h e wasn 't e v e n aware that land was in the City of Englewood. He stated that even though there was multi-family zo ning to the south of Be ll e vi ew, that ther e is no multi-family d e v e lopme nt in th e ar e a, and th a t that area is lower than the property no rth o f Be llevi ew and wouldn't detract from the hom es across Be lleview to the north anyway. He stated the matter of land appreciatio n vs . land d e preciation is a matter of opinion and can't be proved ; but the property owners on D lawar firmly believe lhat th e land valu e s will decrease if the rezoning is approv e d . He stated th land at 325 We st Belleview is 80% vacant , so he can 't r e ally agree with the stat ment that it is an "ey sore". He felt the only be n efit to b e g aine d from this proposal would be gained b y the present land ow n er at t h e xpe ns e of th e adjacent land owners. Mr . Cang illa 5000 S . De laware -stated that if he remembered c orrectly , it was at the sugg stion of the Delaware property own rs that the land was z on d R-2-A, and that to change it now wo uld b e " a stab in the b a k"', inasmu h as t he property ow n ers on Delaware brou ght th ir property wi th the b e li f th y w re buying an area in the "best zoning". 4 • I • • f --~----~--------~------~--------~~----------~------~~-• - ( Mr. Simon LoPata 200 S . Kearney -stated he was representing Mr. Jack LoPata, who was unable to attend the meeting. The Messrs. LoPata are owners of the land to the east of the subject site. He stated that h e would like to ask a couple of questions. He stated that Mr. Bowman has stated that his clients are ready to deed the 60 ft. street ; if this is so, will they leave a one foot reservation strip on the extreme edge of their property to deny access to the Carmel P~rk development? He asked why, if the clients of Mr . Bowman 's were willing to deed the street , would they be "nasty'' and do this? Mr . LoPata indicated that he had been told this would be done if at all possible. He also stated that he and his brother have been talking to an architect about the development of the remainder of their land , and the architect has said very definitely that they cannot give 30 ft. for the street and still accommodate the 240 units they are planning and provide off-street parking for them. Mr. LoPata stated they did not need Cherokee Street , as they hav e street frontage on Grand Avenue and Be lleview Avenue. Mr. LoPata stated the buildings that have already b ee n constructed have been sold , and they have four acres to develop. They ar e planning 240 units, and are providing parking for about 70 cars over and abov e the minimum of one space per unit. Mrs. Romans asked Mr. LoPata what they planned for Lot 17 of the Carmel Park Subdivision, this lot being the "inner" lot. Mr. LoPata stated that it would be used for parking. He recalled that the original plans were that the Lot 17 would be used only for recreational purposes, but that the swimming pool on their site was "the worst mistake they ever made" and he would not advise anyone to build a pool, as no one in an apartment ever uses the pool. Mr. Bowman stated that h e would lik e to clarify his discussion with Mr. LoPata about the possible street dedication. He stated that h did not beli e ve he m d "threatened" anyone with a one foot reservation on the street dedication, but that he did tell Mr. LoPata that he had xplored every angle available to his client in regard to the street dedication. He commented that if Mr. LoPata develops his entire site in th e manner in which he is considering, that the site at 325 West Belleview will rem ain nothing but an "eyesore". H stated that his clients are prepared to d d1cate th 60 foot street, but that he will do everything in h is power to k ep access to the Carmel Park development at a point other than on their d dication. Mr . C1isw 11 stated that the Subdivision R gulations provide that no improve- m nts may be built unless there is frontage on a public street. He stated that no matter how this site is dev loped, there will have to be a street d di at d, and that without a dedi cated street there could be problems for the multi-family residential development to the east of 325 West B 11 vi w. Mr . Earl Barrett 5040 S. Delaware -stated that h f els the subject property can be is. very H s d eve loped just as the single-family area to the west He stat d that any development permitted by the rezoning would be undesirable, and will create a lot of commotion, und esirab l e traffic. ated that they have that problem now with the apartment area to the ast on Carmel Park . Mr . Lentsch aske d for those persons in favor of th rezoning to raise their hands. No on indicated th y were in favor. Mr. L e ntsch then asked for t h opponents to rais th ir hands Ten persons indicat d they were opposed to the rezoning. Parkinson mov e d: Carlson second d: Th Public Hearing b c los d. T he motion c arri e d unanimously. 5 • I • • ,_ • ( Park1nson moved: Lone s econ d d : T he matt er b e tabled for furt h er co nsideration . T h e motion carried unanimousl y . IV. ZONI G REFE RRAL CASE #17-69 3035 West Hampd en Av enue Mrs. Romans stated that Arapahoe County has referred a rezoning r equ e st for change from B-5 to B-4 for prope rty at 3035 West Hampd e n Av enue. The applicant wants to put i n an uphols tery shop . Brief discussion fol l owed . Parkins o n moved : Lone seconded: The Pl a nnin g Commission has co nsid ere d the rezoning r quest referred by Arapaho e County, and fee ls th ere will b no advers e effect upon th City of Englewood ; the City has no obj ction to the g ran t in g o f t h e requ s t. The mo t ion carried unanimously. V. S TR EE RENAMJ ~G Peco s to W1nd ermer CASE #3-69B Mar c h 5 , 1969 This sub j t was a gai n co nsid ered by th e Commission , inasmuch as t h ere had b e n n o action ta k en at the last meeti ng. Discussion fo llowe d. Parkinson mov d : Lon e s co nd e d: T h e Planning Commission r ec omm e nd thi; th e subj ect street not b e rename d for the fo llowin g reaso ns : (1 ) that same str e t is "P ecos " e v e ry wh e re els e in Englewood and De nv er ; and (2) the pat tern of street naming we st of Broadway is alphabe tical , and this re- nam i ng wou ld b e inconsistent with that pattern. Fu rth r discussion f ollowe d. Mrs. Romans reported that she had checked h P o tmaster Gurley and was told t hat the Pos tal Department will co ntinue d liver mail f or up to two years in c as es wher e th e st reet nam e has n c hanged , and this wo uld cause no problem for th e prop erty owner s if were approved. Mrs . Romans again pointed ou t that principal ar a is off of Belleview Av e nu e north onto South Windermere and that s ral businessmen in the ar e a are of the opinion t hat it is most confu in g for p rso ns to find the ir place of business on South P ecos Stree t wh n this sam street is c alle d South Winderem e re in Li tt l eto n . I t was again hown that a roa dway named Sou t h P ecos Street does not appe ar until nor t h of W st J we ll Av e nue in Denver . South Windermer e , on the other hand , x nds south to J ac kass Hil l Road in south Little ton. T h vot wa s call d. Ay s: Nays: Tou chto n ; P ar kinson ; Lone ; Le n t s c h Carlson T h e motion c arri d. \I . MJ SCELLANEOUS Mr . Lone sLaLed that th Regio n al Council of Governments meeting had been s che dul e d for Marc h 19th , the same time as our Planning Commission me e ti n g; t h e r for , h was unable to attend. M1 · . Ro mans stat d ha t on April 8t h , t h e Library Board has asked Mr . Smith o f 1 h e Council of Gov e rnm nts to attend their meeti ng and discuss th pro- gram o f 1he Council. T his meeting will b e at 8 :00 P . M. in t h v nin g , and L tbrary Di 1 ctor We ihe has exte nd e d an invitation to the Planntn g Com- missi on t o a LtP nd this m eti ng. 6 • I • • - 1- • Mrs. Romans stated that the City Council had approved the rezoning request filed by Wilbur Wright for property in the 4000 block of South Bannock Street . It will become final on April 19 , 1969 . City Council also set April 7 , 1969 as the dat e for the Publi c Hearing on the rezoning request filed by Mr . Thorney, for the 3000 block of South Delaware . The matt er of attendanc e at the American Society of Planning Officials was again discussed. Mr. Park inson and Mr. Lone both stated that they would be unable to at tend. Mr. Touchton, and Mr. Carlson stated they would be availabl e to attend , and Mr. Lentsch stated that he possibly would be able to attend. A designee wil l be chosen at the next meeting . Mrs. Romans stated that there will be a Conference on Environmental Geology to be held at the Brown Palace Hotel in Denver , on April 30 , May 1 , and May 2 . Members were asked to consider possible attendance at this conference. VII. STREET VACATION West Jefferson Avenue Parkinson moved: CASE #13-69A March 5 , 1969 Touchton seconded : The matter of the street vacation request by Mr. Buchler be removed from the table. The motion carried unanimously. The request was discussed . Parkinson moved: Touchton seconded: The Planning Commission deny the request for vacation of West Jefferson Avenue for the following reasons : (1) A letter has been received from the State Highway Department which letter states that this portion of West Jefferson Avenue is considered to be a part of the ramp from U.S. 285 to South Broadway, and should remain in full service until such time as the ramp is revised. (2) This matter is still the subject of controversy with the Board of Adjustment and Appeals and the Courts. (3) It is not the intent of the Planning Commission to circumvent the intent of the Board of Adjustment and Appeals in their denial of a request for a lot area and frontage variance on property at 3602 South Acoma Street . (4) The Commission feels that a precedent could be set for property owners on corner lots who might wish to avoid the clear reqUrements of the zoning ordinance if this request were granted. The motion carried unanimously. VIII. BOULDER CONFERENCE Mrs . Romans reminded members that the Annual Conference for Planning Officials will be held in Boulder March 20 and 21st . Meeting adjourned at 9 ;30 P . M. 7 • \ ! '! I • • 0 • • • . ' c OFFICIAL rry COLJ!:'ICIL DOC UME~,... I ,., ... , T") l"f I A/JR 21 '(i9 COU NCIL MCLTJ . CIT)' OF ENGLEWOO~, ~~~0. REGULAR MEETING OF THE CAREER SERVICE COMMISSION CITY OF ENGLEWOOD , COLORADO APRIL 17, 1969, 7 :00P .M. PRESENT : J. F . DeVivier, H . R . Braun , and J . F. Murphy ABSENT : H. H. Mayer THE FOLLOWING MOTIONS WERE PASSED FOR APPROVAL: 1) The minutes of the last regular meeting as printed. 2) The following anniversary increase retroactive to April 1, 1969: NAME TITLE & DEPARTMENT WELTY , Gertrude Secretary, Planning GRADE & STEP 16F 3) The following anniversary increases effective 5/1/69 : FALLER, William Sign & Paint Man, Traffic 17D JOZSA, Hope A. Jr. Account Clerk, Utilities llC 4) The following anniversary increase effective 5/4/69: LEYDON , John L . P atrolman 2nd Class S) The following promotions effective 4/14/69: CHANNEL , Clyde COON, Michael Maintenanceman, Parks & Rec. Equipment Operator II Maint enanceman, Parks & Rec. Equipment Operator II 6 ) The following rehir e effective 3/27/69 : WOODS, Rodney Engineering Aide I 7 ) The following new hires from lists of eligibles : GARNETT, George CUSHION , Robert COX, Lloyd STAPLES, Ernest Mechanic, Parks & Rec. Effective 4 /21/69 Jr . Storekeeper, Street Effective 3/28/69 Fireman Effective 4/4/69 Maintenanceman, Water Dist. Effective 4/16/69 . 2 1F 1 7F TO 19F 1 7 D TO 19D 16B 21B 15A 19A 17A ~----------------~ --~~~·' ! I .,. I· • ' ----------------------------------~~~-----------------------------------------,,_ • • • 8) The following terminations : NAME BLANCHARD , David MORRIS, Kay L. TIT LE & DEPARTMENT Engineering Aide I Effective 4/4/69 Maintenanceman, Parks & Rec . Effective 4/11/69 GRADE & STEP 16B l7C 9) The following disability retirement effective 4/15/69 : CARPENTER , Charles Patrolman lst Cla ss 22F The Board read a letter to Mr. John Murphy from Mrs. Phyllis J . Wiebe dated Mar ch 19, 1969 stating that her resigna- tion would be effective June 6, 1969 and requesting that she be paid her accumulated longevity. Although the Board has no authority to gr a nt longevity to a non -career service employee, the Board finds that this request meets the requirements of the Ordinance by virtu e of giving JO days notice of termination and i t is their recommendati on that if the City Manager so desires to g ra nt the longevity pay, it would be within the provisions of Ordinance No . 15, Series o f 1968 to do s o . The Board discussed the following proposed draft of a letter addressed to City Council from the Care er Service Board concerning pay recommendations for 1970: "In compliance with the Municipal Code , Section 6 .6 -13 , the Career Service Board is making the following recommendations to City Council for their consideration . 1 . Recent wage surveys indicate that the City ofEnglewood is competitive with Denver and the surrounding metropolitan area with the e x ception of Fire De partment salaries. It is r ecommended that the Fire Department salaries be thoroughly studied and updated . 2 . Info rmation, as of this date , indicate that Aurora, Boulder, Arvada , and Littleton are planning to increase fringe benefits only , thus, we would r ecommend to Council t he long sought and discussed pension p rogram for non-emergency employees . J. Most of the aforementioned cities are making substantial contributions to the employees ' health insurance p rograms. We recommend a substantial increase in the City 's contribu tion to the Englewood employees' health insurance program. 4. A fair and equitable conversion for unused sick leave should be developed for Englewood employees. Again , these other cities are also increasing this benefit . 5 . We recommend that City Council update on -the -job injury compensation to be comparative with the aforementioned cities surveyed. -2-45 I • • \ ! ' 'f - • • The Personnel Director has received fringe benefit proposals from the Englewood Employees' Association, the Police Associa tion, and the Fire Fighters' Association (this also includes the Fire's wage proposals). In view of these proposals, and the City Manager's letter of April 11, 1969 concerning employee benefits, we would recommend continued discussion with these three employees' groups plus continued research on both salaries and fringe benefits with a firm recommendation of overall wage and fringe benefit increases for the City of Englewood by approximately August 1, 1 969. 11 Mr. Murphy stated that Mr. Dial, Mr. Criswell and himself would start discussions with the three employees' groups within the next few weeks. Mr. DeVivier requested there be a written record of all employees ' groups recommendations and a written record of the discussions with these groups for the Board's information. IT WAS MOVED, SECONDED, AND CARRIED THAT THE PROPOSED LETTER ADDRESSED TO THE COUNCIL BE APPROVED AND SENT TO THEM. The Personnel Director presented information that the Chief Building Inspector position should be upgraded from Grade 26 to Grade 27. IT WAS MOVED, SECONDED, AND CARRIED THAT THE CHIEF BUILDING INSPECTOR POSITION BE UPGRADED FROM GRADE 26 TO GRADE 27. The Board read the letter from Mr. Stanley H . Dial to the Personnel Director dated April 3, 1969 regarding City Council - Board dinners. The Board welcomes the opportunity to have dinner with the Council. The meeting was adjourned and the next meeting is set for May 22, 1969 at 7 :00P.M. J. F. DEVIVIER Chairman L~~EL~ Recording S~~ ,_ .. ~ I • • · . . , , , . • 0 - ENGLEWOOD , COLORADO 80110 OffiCE OF CAAHR SEAVIC£ 3400 SOUTH flAfl STAHr • PHON E 761 ·1140 April 18, 1969 Members of City Council City of Englewood Englewood, Colorado 80110 Gentlemen: In compliance with the Municipal Code, Section 6.6-13, the Career Service Board is making the following recommendations to City Council for their consideration. 1. Recent wage surveys indicate that the City of Englewood is competitive with Denver and the surround- ing metropolitan area with the exception of Fire De- partment salaries. It is recommended the Fire De- partment salaries be thoroughly studied and updated. 2. Information, as of this date, indicate that Aurora, Boulder, Arvada, and Littleton are planning to in- crease fringe benefits only, thus, we would recommend to Council the long sought and discussed pension pro- gram for non-emergency employees. J. Most of the aforementioned cities are making sub- stantial contributions to the employees' health in- surance p r o gram. We recommend a substantial increase in the City's contribution to the Englewood employees' health insurance program. 4· A fair and equitable conversion for unused sick lea v e should be developed for Englewood employees. Again, these other cities are also increasing this benefit . 5 . We recommend that the City Council update on-the- job injury compensation to be comparative with the aforementioned cities surveyed. CARNATION CITY " I • • . ' I ! I 'r • Members of City Council April 18, 1969 Page Two • 0 • The Personnel Director has received fringe benefit proposals from the Englewood Emoloyees' Association, the Police Association, a nd the Fire Figh ters' Association (this also includes the F ire 's wage proposals). In view of these pro- posals, and the City Manager's letter of April 11, 1969 concerning employee benefits, we would recommend continued discussion with these three employees' groups plus continued research on both salaries and fringe benefits with a firm recommendation of overall wage and fringe benefit increases for the City of Englewood by approximately August 1, 1969. Respec~~ ~EVIVIER Chairman, Career Service Commission lc I • • . , ·' I ! • --------------------------------~,-------------------·----------~ • ( ( ~ OFFICIAL: ITY C07!NC1 .~., ~;>CU MENT ENGLEWOOD PARKS II RECREATION COMMISSION Minutes of April 9, 1969 ... -rt ., ·~q COI,.I.)tttjlnfill The regular monthly meeting of the Englewood Parka 6 Reor~~ENG'ieloa<WUFILE -NGLEWOoo, COLO. called to order by Colbert Cushing, chairman, at 7:40 p , m , 1D the Englewood Parks II Recreation Office, 3400 South Elatl. Members present: Allen, Beier, KreUing, Cuahlllg, Blesatng and Romana,.a-«f!cio Members absent: Lay and Jorgensen Also pr sent: Jacques Stackhouse, President Englewood Recreation CouncU Raymond D. Prtntz, Aast. Dir. Parka and Recreation Allen moved, Blessing seconded, that the mJnutea of the March 12, 1969 meeting be approved as printed. Motion carried. The fhwlcial report !OT month of March, prepared by the Finance Department, was presented by Mr. PriDtz. Income for month -$4,045. 61; experu:e for month -$5,160. 81; persentage ofhcome collected as of March 31-11 .21%; percentage of expense disbursed as of March 31 -13. 46%. The report was accepted and filed. Beier moved, Allen seconded, that March expenditures In the aD'JOUJit of $2, 104.41 be approved as presented. Motion carried. Mr. Printz reviewed the recreation programs scheduled for sutnmer of 1969 . The aame programs are planned as 1D the past with the addition of aeveral n w ones -slaw pitch aoftball Church lea:ue and small crafts (canoes, rowboata, sailboats) clan. The aobedules and programs for the two pools are the same as last year with the addition of the Headstart swim progrmn. A change in the rates und charges for admission, aeaaon tickets and Red ero.. Learn to Sw1m lessons was recommended aa follows: Admission -cblldren 3 and under - free with paid adult; 4-17 yra. -36C; 18 yrs & over -75¢; 8eaaoD ticket.~ -4-17 yra. - $10. 00; 18 yrs. II over -$12 . 50; fam1J.y -$30. 00. Red Cross lessons -$3. 00 for two week a ton (10 1/2 hour lessons). Allen moved, KreWng aeoondecl, that the rates and fees be approved aa recommended. MotioD carried. The park replacement progt"am was reviewed d1reotlnc atteDtlon to aeveral amall items that are yet to be completed. The apr1Dkl1ng aystem at Baker Part is 1D need of replacemeDt; Miller Field aome fenclllg, landacap1Dg, repair of batld1Dg, alp 8lld arch ct.i.~paUDc ume of field, preaa box; BeUeYiew Park dra1Dap by r.oo, ladacapluc, terrace pbmtblp, bud atancl, play app&rllbla, bleache'l's a~u!/or beDchea; Batu-Lopa play apparaaa, ftDOiq, beDchea, paridng lot; Dartmoatb Park play apparatua, beDcbea, cbecker Ub.._, lad.a.JII'nc; DunOIID replaoe 8prlnkler heads that haft ben •t•, ~pAne, t.aobN, act.walk. APR 2 1 - . , I ( '! I · • - • ( Parl;s & Recreation Commf.sa.lon Minutes of AprU 9 , 1969 Page -2- • The contract for de1"8lopment of Belleview Addition was awarded to Bussard Construction in the amowrt o $-1 , • Work wt11 start immediately. '"I c ~I" ~,., -I ~I , (Air . Kre1Ung excused himself from the meeting at 8:45 p. m .) The specWcatlona are ready for Centennial Park and aa soon as final approval 011 the change of location is approved by BUD it wll1 be advertilled. The Five Year Park Capital Improvement Program according to pl"J.ortty) to be presented to the Planning Commission was discussed. It waa suggested that an all-purpose court with backboards be included In tho plans for Bates-LogaD Park. The Director re- col'lllDeDded that first priority be glven to development of the west end of Belleview; second priority to paving Miller Field parking lot; and thlrd to paving Bates-Logan parking Jot and all"PJI'poSe court. After diacuaaion and review the Commission Instructed the Director to prepare the Capftal Improvament Program acoordlng to Items previoualy discussed and the Director's reoommendatlon. A to>.ll' of the parka will be scheduled for a Gaturda.Y morning 1n May as 80011 aa tbe weather permits. The Director presented a report on the flnanctal status of tb~ Belleriew Park cooceaslon stand. Tho amount of $1, 305. 67 has been applied to the ooat of the bu1ld1Dg and a Uke amount has been deposited to the Recreutton Fulld. This leaves a balance attn <be on the bulldtng of $2,294.33. A letter from Mr. Dial was presented requeatlng the pret1ence oftbe Comm1saion lit a joint diDner meeting with the City Councll on July 21. The dlnDer will be at 8:00 p.m. location tobedeterm!ned. The Recreation CowlcU dinner wtll be held April 25 at tbe En11ewood Hlgb Scboal Cafeteria. Judge 0 . Otto Moore w1ll be the speaker. It waa auguted that a meeting be beld at leut twice each year with tbe Recreation CouncU representatives to dlacuaa reoreat1on programs and facWtl • A1ao to work with the youth repre•entathu tbroqb the •choola 1n some W&J through- out the year In order to get their ldeu and sugutlou coocernfnc the recreation program. CommuntcaUon from tbe Commtaslollers-Board Members branch of the Nattoaal Recreation &Dd Park Auoclatlon concerning the NatlOII&l Forum for Bolarc»..COmmialona 1n Wuhblpm, D . C . AprU 23 -28 waa l'Md by tbe obal.rman. NCIM of tM CommtNiae memben wUl be able . ' I . • ~. \ ! I .,. • - ( to attend this Forum. Letter from the Englewood-Littleton Zonta Club recommending that one of the parka be named ''HAROLD BABCOCK MEMORIAL PARK" was read. The Director wu t.utructed them for their Interest. Mr. Blessing reported that the committee appointed to conatdsr var1ou locatlona for the golf course bad not met so be bad nothing farther to report 011 the golf coarse attuaifoa. The meeting adjourned at 10~"20 p. m. The next meeting will be beld May 14, 7 :30 p. m. In the Reoreatloo Offloe. I . . . , ·' \ ! ' • ,. -• 0 • ma. CRISWD.l l ...-Y Attorneys at Llw 3755 South BrCIIdwiY ~wood. Colorldo 80110 761..00 Willi•m E. Myrick Joseph J. Branney Norton Frickey John A.. Criswell April 18, 1969 Edward G. Donovan • TO: City Council FlO ~: City Attorney RE: European Heal t ~~.! Gent l eme n : OF F ICIAL CITY COU N CI L DOCUM ENT R! -· "~'l 1 ) COU NCIL ~1!..."-TI~!G FI LE CIT'( OF ENGL EWOOD, COLO. Presentl y Section 17.2 of the Ennlewood Munici pa l Code pe rt a ini n g to health therapy establishments re o uires that or ganizations such as the European Health Spa obtain a license in order to operate as an establishment and also require the employees of such an establishment to be licensed. Under the present ordinance, the employees of the European Health Spa are r e quired to oe licensed as health therapy operators. The r equi re ments for such a license are evidence of graduation from an acc r edited school of physical therapy, a de g ree in physical ed ucation or two years e xperience as an o pe rator under the su pe rvi sion of a licensed p ~ysical th e rapist or someone li- c ensed to p ractic e medical surgery, osteo pathy, chiropractics, c h iro po dy or nursing. We have be en advised that none of the e ~p lo yees o f t he European He alth Spa a re a b le to meet these require ment s and t h at as a practical matter the requirements i mp os e a financia lly restrictive burden on t he health spa. At t ile p resent time, the health spa is operating without a lic ense fo r t he es tablishment itself and wi t ho ut licenses for its e mplovees . As a result of this, our of fic e was asked to loo k into t l.e matter and see what could be done with the Code in order to enab l e the health spa to become licensed. This office has ha d numerous conferences and discussions with Mr. Ste ve Lyon, the Engle wood Police Uepartment, and with Mr. Ed Turley , manager of the spa and his attorne y , James L. Carpenter. ~Y discussions with Mr. Turley indicate that except for the mana ger , i:r. Tu rley, the persons who set up the mem!>ers' programs and the masseurs and masseuses, the other employees of the health sp a do not themselves engage in advising or treatin1 the members in any way. It appears that their only real function is to ,_ I • • I I . ' - • Ci ty Council Ap ril 1 8 , 1969 Page Tw o • 0 - MYRICK. CRISWELL AND BRANNEY p rovi de encoura ge ment and good personal relations with th e mem- be rs of the spa. fls a result, several possible changes in the ordinance have been su gg ested, which I will outline here and suo mit to you for your consideration. 1. The first su gg estion is that submitted by Mr. Caroenter, the attorney for the spa, and is set forth in a letter of De- cember 2 7, 19 68 , a copy of which is attached hereto. It is my opinion that his su qgested amendment No. 2 would, in effect, eli minate all standards under the ordinance and thus, in effect, do away wi~any control over the licensing of any employees. 2 . Anot her sug gested change has been that we add a separate s e ction rel a tin g to gymnasiums and make the requirements such t h at t hey cover suc h or ganizations as the health spa. It would appear to me that to add such a clause would, indeed, require a ma j or revi s i o n of the ordinance as it now stands in that the p res e nt or di nance is definitely broad enough to cover all of t he operations being carried on at the spa. 3. A t h ird suggestion has been that we add a classification of healt h t he rapy assistants and that the requirements for a license of health therapy assistants be that such persons shall be e mp lo ye d by a licensed health therapy establishment and wor ki ng under t he supervision of a licensed health therapy o perator . I t appears, however, that the health spa would still not be a b le to operate under this provision because they do not have anyone to qualify as a health therapy operator. 4. A fourth su gg estion has been that we set up no require- ments fo r l icen sin g of emp loyees other t han masseurs and mass e uses. Under this typ e o f a se tu p I would reco mm end that we still main- tain t he moral st a ndards f or all emp loye es of such an establi shm ent. 5. fl final s uggesti on has be e n t h at the ordinance be r ep ealed in it s entirety. The basis for t hi s su g gestion is that t h i s or- dinance was o r igina ll y pa s s e d, not necessarily for the pur pose of r egulating he alth t he rapy establishments, as such, but, rather to elim i nate t he probl em of prostitution in such establishments. Of the for eg oin g su gge stions it would appear to us that th e most logic al course of action would be to follow suggestion No. 4 a bo ve. It is my understanding that the masseurs and lllasseuses are .• I I ! I • • - • City Coun c i l Ap r il 18 , 1969 Pa ge Thr ee • - MYRICK. CRISWEl-L. AND BRANNEY cu rre ntl y licensed under the Denver ordinance. It is my further understanding that Englewood is apparently the only city in the metropolitan area which actually requires a license for such an esta b lishment and a license for each of the individual employees. A policy such as that set forth in suggestion No. 4 would allow us to maintain some control over the moral qualifications of the e mplo yees and would allow us to set up some specific standards for t hose emp lo yees who come into physical contact with the customers of t he he alt h spa. Of cours e , anot her alternative would be to make no changes whatsoever i n t he ordinance as it now stands, in which case we would have to full y enforce the ordinance. In my conference with Ed Tur1 ey , it would appear that this policy would cause the healt h sp a to close down and move from Englewood . I a m su bm ittin g the above suggestions to you for your con- sideration and discussion. I feel that the actual course of action is, of course, a policy decision to be made by you. When a decision has been made as to the appropriate action to take, I wi 11, of course, be more than happy to draft an ordinance con- sistent with that policy. Ap p roved: Ci t)l At orney ·/ Respectfully a.~::zu_~~---- Edward G. Donovan Assistant City Attorney I • • .. · \ ! I 'f • JAMES L. CAai'I'-I'TIUI Jolm A . Cris"c ll J ::n ~l c"oocl City Attorney 3755 South Drood,.roy En:;l ~-oorl, Col ora do Den r tlr . Cri swc-11 : • 0 • LAW On'ICIIB 0" PAUL Q. BEACOM aees Wll.T .,.,.. AVIINUI December 27, 1968 Re: European Ileal th Spn I hnve discussed your orclinnnce 317.2 at length with Hr. Lyon con- ccrnin:; in whot mnnner it could be altered to afford law abiding le~;it-te health cluhs such ns the Spo the opportunity to operate in the City o! En:;lewood ,\lllile at the same time continue to prevent the operation of "Ciilssa :;e p:~rlors" for potentially iiiiDOral pu.rposes. I suggest that your ordinance be amended as follows: 1. Add to ~17.2-5 (a) "If the heolth therapy establishment is a corporation, the resident lllllllllger shall be deemed to be the applicant." 2. Add a section 117.2-5 (d) (It) "De employed by o licensed health therapy establishment." These minor alterations wuld pel'lllit the Spa to be licensed properly nnd at the same time give the City of l!Dglewood the maxillalJII protection. JLC/lnt cc: Stephen A. Lyon, Director of cc: Jnclt Clasby, Chief of Police cc: Ed Turley . .. I • • . , I ! • '!