HomeMy WebLinkAbout1973-12-03 (Regular) Meeting MinutesCOUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DECEMBER 3, 1973
REGULAR MEETING :
The City Coun ci.l of the City of Englewood, Arapahoe County, Colorado, met in
regular session o n Decemb e r 3 , 1973, at 8:00 P.H.
May or Se nti, presiding, called the meeting to order.
'nle i nvocation wa s given by the Reverend Fred Hahn, IDJDanuel Lutheran Church. The
Pledge of Allegiance was led by Bo y Scout Troop No. 154.
present :
The May or a s k ed fo r roll call. Upon the call of the roll, the following were
Counci l Me mbe r s Sc hwab, Schnackenberg, Brown, Blessing, Senti.
Absen t: Co un cil Me mbers Henning, Dhority.
The Ma y or d eclared a quorum present.
Also p r e sent we r e : City Manager Dial
City Attorney Berardini
Assistant City Manager McCown
Administrative Assistant Mendelson
Director of Finance Nollenberger
Chief of Police Clasby
Councilman-elect Sovern
Councilman-elect Anderson
* * * * * *
COUN CILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A K>TION TO APPROVE THE
MINUTES OF THE REGULAR MEE TI NG OF NOVEMBER 19, 1973. Upon the call of the roll, the vote resulted
as follows :
Ayes : Council Me mbers Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays : None .
Absent: Coun cil Me mbers Henning, Dhority.
The Ma y or d eclar ed th e motion carried.
* * * * * *
May or Se nti r ecognized the following citizens from the list of "Special Citizen
Program Invitees ."
Mr. and Mrs. Arvon R. Hegna, 3295 South High Street, Precinct No. 7.
Mr . a nd Mrs. H. D. Voig ht, 3930 South Pearl Street, Precinct No. 9.
* * * * * *
Mr. Tamas Kis marki , owner of the Studio Lounge, 5020 South Broadway, appeared
before Council in r e gard to t he r e newal of a beer, liquor, and wine license.
Mr . Kismark i state d that he was available for questions as requested by Council.
Counci lman Blessing stated that the Studio seemed to have a lot of police complaints
concerning ac t ivi t ies at the Lounge . Mr. Kismarki stated that he had a new manager who is a
280 lb . individual wh o was c a pable of handling rowdy individuals. He stated that it was his
practice always to c a ll the p olice to protect the welfare of all individuals involved. He
felt that h is b ar was a worki n g-c lass bar which produced a certain atmosphere of this sort.
Councilman Schwab i nq uire d why people of this nature continue to come back to his
bar. Mr. Kisma r ki s tate d t hat five y ears ago this bar had sold everything, including liquor
and gambling . The n ature of t he bar had changed tremendously in the past two years.
Councilman Br own stated that the Council was responsible to the people for the
manner in which the bar i s mana ged, and that the Council was concerned that the place could
possibly be managed be tte r. He stated that he, for one, would be looking for improvements
in the futu r e .
Ci t y Attorney Berardini inquired of Mr. Kismarki concerning the minor age drinking
charge . Mrs . Te r es a Kismark i appe are d before Council. She explained the incident of the minor
age drinking char ge , s tating t hat she had checked the license and the individual was born in
1949. She s ta te d t h at she h ad six witnesses to that effect.
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Councilman Schwab inquired of the Chief of Police why so many of the calls were
miscellaneous checks in 1973. Chief Clasby stated that the Police Department records include
each time an incident occurred. The 26 calls in 1973 are misleading. Sixteen were miscellaneous,
which could include anything from bar checks to false alarms. He felt that the Kismarki's had
been very cooperative and that the one coWlt on under-age drinking had a deferred plea which
spoke much better than a suspended sentence. Only seven of the calls are of a more serious nature.
Councilman Schwab stated that there appeared to be a decrease in the fights and
other more serious calls which had been an improvement over 1972.
Mayor Senti stated that he appreciated the Kismarki's coming before the Council.
COUNCILMAN BLESSING K>VED AND COUNCILMAN SCHNACKENBERG SECONDED A K>TION TO APPROVE
A LICENSE FOR THE STUDIO LOUNGE, 5020 SOUTH BROADWAY. Upon the call of the roll, the vote resulted
as follows:
Ayes: Council Members Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays: None.
Absent: Council Members Henning, Dhority.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A K>TION TO DESIGNATE
VERNON MANN AS REPRESENTATIVE OF THE CITY COUNCIL TO THE NATIONAL LEAGUE OF CITIES MEETING IN
SA:~ JUAN, PUERTO RICO. Upon the call of the roll, the vote resulted as follows:
Ayes: Council Members Schnackenberg, Brown, Blessing, Senti.
Nays: Council Member Schwab.
Absent: Council Members Henning, Dhority.
The Mayor declared the motion carried.
* * * * * *
Councilman Schwab inquired whether there were any reports on the new bus line
at this time. Assistant City Manager HcCown stated that it had done very poorly in the first
we e k, carrying 28 passengers a day. Administrative Assistant Mendelson stated that it was rWlning
about the same at this time, but did have a high day of 74 passengers.
Councilman Blessing inquired concerning the Senior Surrey. Administrative Assistant
Mendelson stated that it was doing very well.
* * * * * *
The following cormnunications were received for the record.
Minutes of the Housing Authority and Urban Renewal Authority meeting of October 23, 1973.
Minutes of the Water and Sewer Board meeting of November 20, 1973.
Minutes of the Planning and Zoning Cormnission meetings of October 2, 1973 and
November 13, 1973.
Memorandum from the Director of Cormnunity Development sUJJ1Darizing his trip to
Dallas, Texas for the Institute on Planning, Zoning, and Eminent Domain from November 7-9, 1973.
Memorandum from the City Manager concerning uniform classification of accounts.
Memorandum to the City Council concerning sick leave and annual leave for the
Citv Manager.
Memorandum from the City Manager concerning energy conservation.
Report from the Assistant City Manager concerning fraternal organizations in the
Citv of Englewood.
* * * * * *
Council received a request for a 3.2 beer license renewal for Safeway Stores,
1 25 East Hampden Avenue.
Councilman Blessing stated that no police calls had been received during the year.
COUNCii.MAL~ BLESSING MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO APPROVE
THE RENEWAL OF A 3. 2 BEER LICENSE FOR SAFEJJAY STORES, 125 EAST HAMPDEN AVENUE. Upon the call
o f the roll, the vote resulted as follows:
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Ayes: Council Members Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays: None.
Absent: Council Members Henning, Dhority.
'nte Mayor declared the motion carried.
* * * * * *
Council r eceived a request for a 3.2 beer license renewal for King Soopers, 5050
South Federal Blvd.
Councilman Schnackenberg stated that no police calls had been received at this
location.
COUNCILMAii SCHNACKENBERG MOVED AND COUNCILMAN BLESSING SECONDED A MJTION TO APPROVE
THE RENEWAL OF A 3.2 BEER LICENSE FOR KING SOOPERS, 5050 SOUTH FEDERAL BLVD. Upon the call of
the roll, th e vote r es ulted as follows :
Ayes: Council Members Schnackenberg, Brown, Blessing, Senti, Schwab.
Nays: None.
Absent: Council Members Henning, Dhority.
Tite Mayor declared the motion carried.
* * * * * *
Council received a recommendation from the Water and Sewer Board for approval
of Supplement #45 to the Southgate Sanitation District.
Assistant City Manager McCown indicated to Council the location of Supplement 1145
on a map.
Councilman Schnackenberg stated that as a member of the Water and Sewer Board, no
problems were involved concerning this supplement.
COUNCILMAN SCHNACKENBERG MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE
SUPPLEMENT 145 TO THE SOUnIGATE SANITATION DISTRICT. Upon the call of the roll, the vote resulted
as follows:
Ayes: Council Members Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays: None.
Absent: Council Members Henning, Dhority.
Tile Mayor declared the motion carried.
* * * * * *
Council received a recommendation from the Water and Sewer Board for a new lease
for a relocated site for KQXI radio station.
Assistant City Manager McCown showed the old and new sites on a map. City Manager
Dial stated that this was the result of negotiation with KQXI the last few months, which would
allow the City to free up the land needed for the Bi-city Treatment Plant.
Councilman Schnackenberg stated that it was his understanding that this would be
at no cost to the City.
COUNCILMAN SCHNACKENBERG MOVED AND COUNCILMAN BROWN SECONDED A M:>TION TO APPROVE
A NEW LEASE FOR A RELOCATED SITE FOR THE KQXI RADIO STATION. Upon the call of the roll, the vote
resulted as follows :
Ayes: Council Members Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays: None.
Absent: Council Members Henning, Dhority.
Tite Mayor declared the motion carried.
* * * * * *
Council received a recommendation from the Water and Sewer Board for the renewal
of a lease for the Ground Water Appropriators Association , of not more than 2,000 acre feet
of KcLellan Reservoir water.
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Assistant City Manager Mccown stated that this was a continuation of the current
agreement with the City at the price of $8,000 per year. They leased this water in 1973 as a
backup for their own purposes and utilized none of it. 'nle Ground Water Appropriators Association
is an organization of ranchers and farmers in the Fort Morgan area.
COUNCILMAN SCHNACKENBERG MOVED AND COUNCILMAN SCHWAB SECONDED A MOTION TO APPROVE
THE RENEWAL OF A LEASE FOR THE GROUND WATER APPROPRIATORS ASSOCIATION OF NOT K>RE THAN 2, 000 ACRE
FEET OF MCLELLAN RESERVOIR WATER FOR 1973. Upon the call of the roll, the vote resulted as follows:
Ayes: Council Members Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays: None.
Absent: Council Members Henning, Dhority.
The Mayor declared the motion carried.
* * * * * *
Council received a memorandum from the City Manager to the City Attorney concerning
the annexation of 183 acres in the vicinity of Santa Fe and Union Streets.
City Manager Dial stated that he put the memorandum on the agenda for two purposes.
'nle first is a situation concerning the extension of services and taxes to the newly annexed area.
He felt that barring an appeal, we may have to proceed in this area, and the City Attorney felt
we should. Second, the Planning and Zoning Conunission had a hearing last week concerning the
zoning of the area.
Mr. Art Martin, Jr. of the Planning and Zoning Commission, appeared before Council.
He stated the Conmission had a public hearing to let the people in the area represent themselves.
After the hearing, Planning and Zoning expressed concern for the type of zoning which would go
into the annexed area. They had discussed a special zoning district, a new I-3 zone. This new
zone would allow salvage yards to exist. This could conceivably serve as a tool or leverage to
bring the people inside the City while making them conform with Englewood standards for salvage
yards. 'nlis could avoid a new law suit possibility upon the annexation. 'nle mere amendment of
the current I-1 or I-2 would allow salvage yards to be in operation in all other currently existing
I-1 or I-2 areas; so the alternative is the creation of a new I-3 zone.
The Planning and Zoning Commission will be meeting Tuesday evening in order to begin
to iron out these difficulties.
Councilman Schwab stated that he did not feel it was fair to others who had come
into the City in the past and who had to conform to the City's zoning laws.
Mr. Martin stated that the individuals in the area seemed to be willing to come
within the City if a new I-3 zone could be established.
City Attorney Berardini explained the legal and time process involved. He felt
that it could be done within a three-month period as required by state law.
Councilman Brown stated that we should not zone the people in the annexation area
out of business. City attorney Berardini stated that the reason for the zoning of this area at
this time would only prohibit the expansion of the business, not force them out of business.
Councilman Schwab stated that he felt the expansion concept was an excuse rather
than a reason and that the precedence of establishing a new zoning classification each time
citizens petitioned would be bad news.
* * * * * *
Councilman Schwab stated that he objected to the conduct of business at the Housing
Authority meeting of October 23, 1973 as protrayed by the minutes, in that it seemed rather
haphazard.
Councilman Schnackenberg stated that the $300 paid to the Metro housing was a well-
deserved payment . He felt that it was an equitable job done in a most difficult situation.
City Manager Dial stated that he would check out the situation and report back to
Council.
* * * * * *
Council received a Bill for an Ordinance authorizing the establishment of a
Disability and Dental Health Insurance Program.
City Attorney Berardini stated that it expands the insurance benefits as provided
for under the Memorandum of Understanding. He stated that the emergency clause should be added
to this Bill at this time.
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INTRODUCED AS A BILL BY COUNCILMAN BLESSING.
A BILL FOR
AN ORDINANCE AMENDING SEC TION 2 , CHAPTER 8, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY
At:rrBORIZING COUNCIL TO APPR OVE ADD I TIONAL INSURANCE BENEFITS TO EMPLOYEES OF TIIE CITY OF
ENGLEWOOD , AND DECLARIN G AN EME RGEN CY.
COUNCI LMAN BLE SS ING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A
BILL FOR AN ORDINA.~CE AlIT HO RI ZING THE ESTABLISHMENT OF A DISABILITY AND DENTAL HEALTH INSURANCE
PROGRAM. Upon the call of the roll , th e vote resulted as follows:
Ayes : Council Me mbers Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays : None.
Absent : Council Mem be r s He nning, Dhority.
The Hayo r declared the motion carried.
• * * * • •
INTRODUCED AS A BILL BY COUNCILMAN SCHWAB.
A BILL FOR
AN ORDINANCE AMENDING SECTION S 6 (a) AND 17 (a) OF CHAPTER 4, TITLE V, OF THE 1969 ENGLEWOOD
MUNICIPAL CODE , RELATIN G TO "SICK LEAVE CONVERSION" AND "OFFICIAL HOLIDAY LEAVES" AND DECLARING
AN EMERGE..~CY •
COUNCILMAN SCHWAB MOV ED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO APPROVE
A BILL FOR AN ORDINANCE AMENDING THE CITY CODE RELATING TO SICK LEAVE CONVERSION AND OFFICIAL
HOLIDAY LEAVES . Upon t he call of the roll, the vote resulted as follows:
Ayes : Council Me mbers Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays : None .
Absent : Council Mem bers Henning, Dhority.
The Mayor declared the motion c arried.
* * * * • •
Cou~cil r eceiv ed a Bi l l for an Ordinance amending the Police Pension Fund to provide
for a 6 . 5 pe r cen t con trib u tion by t he City to allow contributions from the members of the Police
Department to remain a t 5 per cent .
Ci t y Atto rney Be rard i ni stated that this would be a new section under the State
statutes . Be explain e d t he current situation concerning the grievance procedure filed by the
Police Benefit Ass o c iati on. He fel t that we could amend the State statutes in this manner, since
it was not de trime n t al to t he fund , but rather beneficial.
Co un cilman Br own state d that it would behoove the Council to pass this despite the
Career Service appea l .
Councilman-elect So v e rn inquired whether the police pension bill is similar to the
fire pension in that the City is responsible for the payment of pensions. City Attorney Berardini
stated that the language was similar i n both cases.
INTRODUCE D AS A BI LL BY COU NCI LMAN BROWN.
A BILL FOR
AN ORD INANCE AMEN DI NG CHAPTER 1 , TITLE XI OF THE 1969 ENGLEWOOD MUNICIPAL CODE, ENTITLED "POLICE
DEPARTMENT ; FUN CTIO NS," BY ADDI NG A NEW SECTION 10, AUTHORIZING AN INCREASED CONTRIBUTION TO THE
POLICEMEN 'S P EN SI ON FUND FROM THE GEN ERAL FUND OF THE CITY, AND DECLARING AN EMERGENCY.
COUNCILMAN BROWN MO VED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO APPROVE
A BILL FOR AN ORDINAN CE Al-fEN DING THE POLICE PENSION FUND. Upon the call of the roll, the vote
resulted as follows :
Ayes : Cou ncil Me mb e rs Schwab, Schnackenberg, Brown, Blessing, Senti.
Na y s: None .
Absent: Cou ncil Members Henning, Dhority.
The May or d ec lared t h e motion carried.
• • • • • *
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INTRO DUCE D AS A BIL L BY CO UNCILMAN SCHNACKENBERG.
A BILL FOR
AN ORDINANCE AMEN DING S ECTION 8 , CHAP TE R 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE
RELATING TO FIREMEN 'S P EN S I ON FUN D CONTRIBUTIONS; AND ADDING A NEJJ SECTION AUTHORIZING THE
CREATION OF A SP EC I AL FUND FOR THE REPAYMENT OF FIREMEN'S ACCUMULATED CONTRIBUTIONS TO SAID
SPECIAL FUND WI TII INTE RES T THEREON UPON TERMINATION OF EMPLOYMENT WITH THE CITY FIRE DEPARTMENT,
AND DECLARING AN EMERG EI~CY.
COUNCILMAN SCHNACK ENBERG MOVED AND COUNCILMAN BLESSING SECONDED A K>TION TO APPROVE
A BILL FOR AN ORD INANCE ALLOWING FI REMEN WHO TERMINATE THEIR EMPLOYMEIIT WITH THE CITY TO WITHDRAW
THEIR ACTUAL CONT RI B UTI O ~S TO THE PENSIO N FUND WITH INTEREST. Upon the call of the roll, the
vote resulted as follows :
Ayes : Council Me mbers Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays : None .
Abse nt: Council Me mbers Henning, Dhority.
The Ma yo r d eclar ed the motion carried.
* * * * * *
City Attorney Berardini s tate d that the Denver Sign Code which was in court, had
been appealed to the ci r cuit court af t e r be ing originally knocked down on the ammortization clause
in the dist r ict c our t . 'lbe cir cui t c ourt had ruled in favor of the ammortization clause as a
correct police p ower. 'lb e Ci t y Attorney stated that he would be working with the Community
Developmen t Dep artme nt on an a nunor t i zation clause to be added to the City's sign code.
* * * * * *
Ci t y Attorney Be r a r di ni stated that Director of Community Development Supinger had
already related to the Co un cil a report on the conference at Dallas. He stated that he could
give a comple t e r ep ort, or possibly j ust a supplement on one area which the Director of Community
Development missed.
Coun ci l man Schnackenb e rg stated that Council should request only a supplement.
'lbere was gene r al c on sens us .
* * * * * *
City Ma na ge r Dial stated that there had been construction lately on water mains
by Denver within t he Ci t y . The City Council needed to approve an ordinance in order to move
the construction by De nve r along. De nve r had been cooperative in the past in this area.
City Atto r ney Berardini s t a t e d t hat th e f orm o f the ordinance app eare d to b e
alright, altl1ough he had not had time t o go ove r its conte nts.
INTRODUCED AS A BILL BY COUNCILMAN SCHNACK EN BERG.
A BILL FOR
AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION,
ACTING BY , THRO UG H AND FOR TH E USE OF ITS BORAD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND
MAINTAIN A WATE R CON DUIT THROU GH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND
DECLARING AN EME RGENC Y.
COUNCILMAN SCH NACKEN BERG MOVED AND COUNCILMAN SCHWAB SECONDED A MOTION TO APPROVE
A BILL FOR AN ORDINANCE APP RO VING A PERMIT FOR THE CONSTRUCTION OF A WATER LINE FOR THE DENVER
WATER BOARD AT SOUTH SHO SHO NE STREET FROM WEST DARTMOUTH TO WEST FLOYD. Upon the call of the
roll, the vote resulted as follows :
Ayes : Council Membe r s Sc hwa b , Schnack e nb e r g , Brown, Blessing, Senti.
Nays : None .
Absent : Council Membe r s He nni n g, Dhority.
The Mayo r declared the mo t i on carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN B R ~N .
BY AUTHORITY
ORD INANCE NO. 44, SERIES OF 1973
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AN ORDINA.~CE APPROPRIA TIN G MONIES FOR ALL MUNICIPAL PURPOSES IN 111E CITY OF ENGLEWOOD, COLORADO,
I N TIIE FISCAL YEAR BF.GI NNING JANUARY 1, 1974, AND ENDING DECEMBER 31, 1974, CONSTITUTING WHAT IS
TERMED THE ANNUAL APPROPRI ATION BILL FOR THE FISCAL YEAR 1974.
{C.Opied in full in t he Off icial Ordinan ce Book.)
COUNC ILMA N BROWN MO VED AND COUNCILMAN BLESSING SECONDED A ?«>TION TO APPROVE
ORDINANCE NO. 44 , S ERI E.5 OF 1973 . Up on the call o f the roll, the vote resulted as follows:
Ayes : Council Membe r s Sc hwab, Sc hnacke nberg, Brown, Ble ssing, Senti.
Nays : None .
Absent : Council Mem bers Henning, Dhority.
The Ma y or declar ed t he motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCILWOMAN HENNING.
BY AUTHORITY
ORDINAN CE NO. 45, SERIES OF 1973
AN ORDINANCE ADOPTING THE BUDGET OF THE CI TY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1974.
(Copied in full in t he Off icial Ordinance Book.)
COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE
ORDINANCE NO. 45 , S ERIES OF 1973 . Upon the call of the roll, the vote resulted as follows:
Ayes : C.Ouncil Me mb e rs Schwab, Schnackenberg, Brown, Blessing, Senti.
Nays : None .
Absent : Council Me mb e rs Henning, Dhority.
The Ma yor declared t he motion carried.
* * * * * *
City Manager Dial remi nd e d Counc i l of Core Area meetings to be held during the
week of Decembe r 10 t h .
* * * * * *
Special Ci t i zen Program Invite e Mr. Hegna stated that he appreciated the City
taking out the dip i n the r o a d a r o und th e 3930 South Pearl area.
* * * * * *
COUNCILMAN SCHWAB MOVED AND COUNCILMAN BROWN SECONDED A K>TION TO ADJOURN. Upon
the call of the r oll , the v o t e r es u lted as follo~1
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