HomeMy WebLinkAbout1972-04-03 (Regular) Meeting MinutesI
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CXXJNCIL OIAMBER.5
CITY OF ENGI..Fla)D, CDIDRAOO
APRIL 3, 1972
RWJI.AR !£El'!K;:
The City COlmcil of the City of Engl~. Arapahoe County, Colorado, met in regular
sessioo oo April 3, 1972, at 8: 05 P .M.
No. 58.
SEnt:
Mayor Senti, presiding, called the ~ting to order.
The invocatioo was givai by Councilman Brawn. Pledge of Allegiance was led by Pack
The Mayor asked for roll call. Upoo the call of the roll, the following were pre-
Council 1"k?nbers Schwab, Lay, Henning, Brawn, Blessing, Senti.
Absent: Council Menber Dhority.
The Mayor declared a quorun present.
Also present were: City Manager Dial
Assistant City Manager McDivitt
City Attorney Berardini
* * * * *
~CIUD1AN ~ M>VED, ~CII.MAN ~ SECDIDED, '!HAT 'IRE MINU'IES OF 'IRE
REQJU\R t£ETn«; OF MARaI 20, 1972, BE APPR>VED AS READ. Upcn a call of the roll, the vote
resulted as follows:
Ayes : Council Menbers Schwab, Lay, Henning, Brawn, Blessing, Senti.
Nays: Nooe.
Absent: Council Merrber Dhority.
The Mayor declared the rootioo carried.
CDJNCIIJ1AN BT .FSSIK; MJVED, CXXJNCII.NDMAN llFlmING SECDIDED, '!HAT 'IRE MINl1I'ES OF 'IRE
SPECIAL~ OF MARaI 27, 1972, BE APPR>VED AS READ. Upm the call of the roll, the vote
resulted as follows:
Invitees:
Ayes:
Nays :
Abstaining:
AbsEnt:
C-ouncil Merrbers Schwab, Henning, Brawn, Blessing, Senti.
Nate.
Cotmcil Merrber Lay.
c.ouncil Merrber Dhority.
The Mayor declared the rootion carried.
* * * * *
Mayor Senti recognized the following people from the List of Special Citizen Program
Mr. Donald D. Salter, 3700 South Delaware Street, Precinct No. 4;
Mr. Arthur G. Davis, 1030 West Stanford Place, Precinct No. 12;
Mr. and Mrs. William H. Olsen, 2193 West Iliff Avenue, Precinct No. l;
Mr. and Mrs. Ronald Sands, 2921 West Saratoga Avenue, Precinct No. 13.
* * * * *
Mr. Harold Rust, Manager of the Engl~ Office of the Public Service Colq>any,
appeared before Council and presented the Public Service Conpany's first quarter franchise
check in the annmt of $46,706.91.
* * * * *
Mr. Stanley E. Rhodus, 2324 West Harvard Averrue, appeared to present a petition
protesting any form of law cost hOJSing in the Scenic View area.
Mr. Rhodus felt that the Scenic View area was very vulnerable to developers in that
it was cne of the least developed areas of the City and yet had many attributes m:lking it
f avorable for developnent. He stated that he and the other people signing the petition did
not want to be forced into any developnent, especially if the City's powers of eminent domrin
were exercised. Residents of the area, he noted, would not be swayed by any argument that
the Scenic View Elementary School would be closed if not filled to capacity.
He questicned the conprehensive rezoning schem? of the City and stated that the
Scenic View area was not adequately represented on the Workable Program Citizens Comnittee.
He questicned the need for the Workable Program Citizens Comnittee, stating that the present
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codes of the City were adequate to do the job. He also expressed a desire for Dm'e bus ser-
vice and not golf courses or bike paths in the area. He stated that residents of the area
want recogni.ticn and COlllIUilicaticn --they do not want to be treated as sall?thing the City
irilerited. the City inherited. He felt that meetings shQlld be held in the Scenic View Elementary
School whenever it concerns the citizens of that area.
The petition containing approximately 149 signatures (COl.lllt unverified by the
Clerk) was received by the City Clerk and llllrked as Exhibit "A".
Councilnml Sclwab i.IX{uired of Mr. Rhodus how we could adequately determine wilo rides
the bus if service were provided in the area. Mr. Rhodus answered that a trial run or b«>
t.IOUl.d be sufficient. Councilnml Scl'6iab then asked if he wanted the Workable Program Citizens
Coomi.ttee lll?eting held in Scenic View Elementary School. Mr. Rhodus answered that he did
since it affects that area. Council.nmt Scl'6iab inquired if Mr. Rhodus would help to publicize
any meetings held in the area, and Mr. Rhodus said he 'WOUld.
Ckulcil.nmt Blessing inquired of Mr. Rhodus if he felt that he truly represented the
peq>le "'1o signed the petiticn. Mr. Rhodus stated that he believed he did. c.ouncilman
Blessing asked Mr. Rhodus wro had told him that Scenic View Elementary School "WOUld be closed.
Hr. lllocils answered that the had heard the statement a nurber of times although he did not
kncM fran whan.
Councihunan Henning told Mr. Rhodus that there -were two meobers from the Northwest
Engle«>od Inprm.iemmt Association on the Workable Program Citizens c.omnittee, Mr. George
Johnstcn, 2401 South Pecos, and Mr. Herbert M>sbarger, 2250 West Wesley AvE!Ule.
Mayor Senti told Mr. Rhodus that he felt he was not getting all of the facts to
which Hr. Rhodus answered that he was sure he was not and that the people of the area wanted
to kncM exactly what was going on. The Mayor answered that there was no program of any kind
yet established for the area.
Councilwomm Herming noted that one of the plans umer discussion is for an infor-
mation center located within the area.
CIXNCILMAN SCliWAB MMD, cn.JNCILMAN BLESS:u«; SECmDED, 'lllAT A MEErn«; OF 'lHE \.DRK-
ABIE PIO;RAM crrrzms' CDtUTIEE BE HELD IN 'lHE SCENIC VIEW EUHNI'ARY SCHX>L WI'llilN 'lHE NEXl'
nlIKlY llf\YS IN ORDER ro EXPLAIN ro 'lHE PWPLE OF 'lHE AREA \ifAT IS aJRRml'LY t.IIDER cmsIDERA-
TI~ FOR SCEUC VIEW AND IN ORDER ro DISTRIBUI'E I.NR)RMA'.l'l~ \lllCll M\Y BE HELPFUL ro 'lHE
CITIZENS OF 'lHE AREA.
Hr. Rhodus indicated that he would like to have ten days notice prior to the meeting
so that he could notify people of the area~ the neeting 'WOUld be held.
Upcn the call of the roll on the nntion, the vote resulted as follows:
Ayes: Council Melrbers Schwab, Lay, Henning, Brown, Blessing, Senti.
Nays: None.
Absent: c.ouncil Meuber Dhority.
'Ihe Mayor declared the nntion carried.
* * * * *
The minutes of the Planning and Zoning Conmi.ssion meeting of March 7, 1972,
were received for the record.
* * * * *
The minutes of the Workable Program Citizens Coumittee neeting of March 23, 1972,
were received for the record.
* * * * *
A report from William A. Hamilton, Fire Chief, and Del McCarty, Training Officer,
on their attendance at the Fire Depart:Delt Instructor's Conference in Kansas City, Missouri,
on March 14-17, 1972, was received for the record.
* * * * *
A mem>randun frcm Mr. Larry Thaipscn to Mr. Chas. B. Carroll, Jr., Utilities Direct-
or, reporting on his attendance at the Water Pollution Control Federation Conference held in
Washingtcn, D.C., on March 14, 1972, was received for the record.
* * * * *
The minutes of the Water and Sewer Board meeting of March 21, 1972, were received
for the record.
* * * * *
The minutes of the Board of Career Service Comn:issioners meeting of March 16, 1972,
were received for the record.
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City Manager Dial explained that the Council should consider the protests heard
at the public hearing on March 27 and hopefully consider a bill on first reading 'Which "WOUld
approve and apporticn the costs of Paving District No. 20.
Public Works Director Kells Waggoner discussed the protests in the order shown in
his IDelJk)randlJn to Mr. Stanley H. Dial, City Manager, dated March 31, 1972. His presentatioo
was acconpanied with pictures wherever appropriate. 1be tDEm>randun is reproduced in full
as follows:
TO:
FR:M:
Stanley H. Dial
Kells Waggoner
DATE: March 31, 1972
SUBJECT: PAVIK; DISTRICT 00. 20
The hearing on assessments for Paving District No. 20 was held on ~day March 27, 1972, at
8 :00 P.M.
The foll.awing are ccmnents relative to the protests received at that hearing:
1. 200-2300 W. Baker
2.
3.
Mr. Bliss, 2060 W. Baker, comnented on the design of Baker in that ice forIIll
in the gutter. Attached are pictures showing the trees which shade the street
at that location. Drainage is good, as shown in the photos. Assessment is
correct.
400 W. Cornell
Letter fran Fem M. Cox in behalf of her parents (Ada E. and Alva T. Stmmers,
3055 S. Lincoln) protesting assessment because it would cause financial hard-
ship. Assessment is correct.
600 w. Cornell
Letter fran Benjamin P. Naiman, 4428 South Barmock, protesting assessments because
they are not reasaiable or just. Assessment is correct.
4. 800 E. Cornell
(a) Letter from John A. Criswell in behalf of Caroline B. Weist, 835 East Cornell,
protesting assessment because assessment is not based upcn the benefits accruing
fran the inl>rovements to the property involved. Assessment is correct.
(b) Letter from John c. Holoubek, 3046 S. Clarksoo, protesting assessment because
it would cause financial hardship. Assessment is correct.
5. 900 East Cornell
(a) Letter fran Donald Weakland protesting assessment because property has no direct
access to Cornell. Assessment is correct.
Attached is a DBp showing subject property in relationship to other Weakland owner-
ship and locaticn of property from Cornell. Attached also are DW:lpS showing like
situations where assessments were levied in prior districts. Assessments follows
standard size street assessment procedure.
In reviewing the Weakland protest we did find an adjacent property which was assessed
too nuch. The error occurred in calculating the am:runt of square footage for rear
zone assessment. This property is owned by A. Harlan and Leooa R. Boll.
(b) Letter from Stanley B. Medsker stating that property assessed was sold to City
of Englaoxi. Assessment is correct.
The City is in the process of obtaining a Treasurer's Deed to the property and
should pay the assessment before the assessment roll is certified to the County.
Assessment annmt if $156 .81.
6. 4700 s. Decatur
(a) Letter from Windsor B. Wade, Jr., 2903 W. Layton, protesting assessment for 40
feet of rerooval and replacement of curbwalk. Assessment is correct.
Attached is a picture showing the settlement before constructioo and the 30 feet
that the contractor put in with the same problem as the original; and a picture
showing the results of rerooving 40 feet in order to pick up additional grade.
1be contractor did not misjudge the reiooval but was instructed to rennve the
additicnal 10 feet for grade.
(b) Mrs. Fergusoo, 2740 W. Union, conmented on Decatur and asked questions for
inforuation. Assessment is correct.
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7. 000 West Lehigh
Letter from S. R. Andrews, Representative of Qntinental Oil Conpany, protesting
a portion of total assessment as it relates to an abandoned 1.U'dergrourxi tank.
The assessment for paving and concrete is oorrect. There was an assessment of
$720.52 made against the property for extra wrk necessary to fill and 1.U'Xier-
ground tank. The tank was within the street right-of-way and -we do not know
who put it there, ~en it was installed or abandcned, whether an encroachment
agr~t was made, or ~ether the City had approved the method of abandomnent.
The tank had saoo old oil in the bottan and we assumed it had been used by the
staticn as waste oil storage. hi equitable solutien might be to split the
assessment for the tank wrk.
8 • 000 West Mansfield
Letter from Howard & Evelyn Phillips protesting assessment because wrk was not
needed. .Assessment is correct.
9. Alley between Sooth Acooe St. and Sooth Broadway -4400 block sooth -West Radcliff
Ave. to West Stanford Ave.
Letter fran Jolm W. Geiger, Jr., Councel for Agnes Mary Kinney, protesting assess-
ment for alley since property does not receive fair benefits from the i.Dprovements.
Assessment is oorrect.
The changes ootlined en the attached reconmendatien list will change the Sectien A & B Totals
as follows:
Present totals
Boll property
Third Stokely Corp. property
Proposed totals
Total Secticns A & B
Sincerely,
/s/ Kells Waggoner
Director of Public Works
KW/pd
att.
Sectien A
$384,727.68
28.57
360.26
$384,338.85
tCl'E: Attachnents are not reproduced herein.
$493,148.95
Section B
$108 ,421.27
+
+
28.57
360.26
$108,810.10
At one point City Manager Dial interjected to note that whenever Mr. Waggoner stated
"Assessment is correct" he meant that the mthEmltical conputaticns were reviewed and were
accurate based en the City's policy of assessing en both depth and frmt footage.
Hr. Waggener is referring to 900 East Cornell in his DelX>randun stated that the
original assessment to A. Harlan and Leona R. Boll had been reduced from $100.00 to 71.43
after review by the Engineering Divisien.
In reference to 4700 South Decatur, Council.mm BI'CM'l wcndered if it would not be
possible for the Engineering Divisien to run accurate grades before construction. Mr. Dial
indicated that this certainly oould be dene but would be costly and i.Dpractical.
Coulcilwoman Henning inquired if anyooe had spd<en to Mr. Wade at the time it was
necessary to rem:>ve ten extra feet of sidewalk than had originally been anticipated. Mr.
Waggooer indicated that he did not think so.
With reference to 000 West Lehigh, Council~ Henning irquired of the City
Attorney whether splitting the oost of filling the abandoned tank was acceptable to Mr.
Andrews. Mr. Berardini stated that it was. Counciblml Schwab inquired if the tank was lo-
cated on public property and Mr. Waggoner said it appeared so.
City Manat;er Dial asked the City Attorney if he would recomnend any change in the
Weist assessment (see 4(a) of the 118Im"andun). City Attorney Berardini answered that he
would not.
Colncil.man Brown asked if the Public Works Director '°11.d supply him with the
assessment figures for the Cox property (3055 South Lincoln). Mr. Waggooer gave him the
figures .
Councilwan:m Henning asked if the Weakland property were platted. Mr. Waggoner
said it was.
~CIU1AN LAY MJVED' ~CIU1AN SCllWAB SECXJIDED, 'DfAT 'DIE RECXH1ENDATlrns MADE
BY 'lllE PUBUC WRKS DIRECTOR BE APPK>VED.
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Councilman Set.Jab said that he would like saneooe from the City to talk with Mr.
Weakland and explain his assessment to him in perscn. City Manager Dial said that this
would be date.
Colmcib«nm Henning asked if it would be a bad precedent to lower an assessment
such as that cne to Mr. Weakland. Council Mstbers Set.Jab and Lay indicated that they felt
it would be harmful. The City Attorney said that it "WOUld not be a bad practice to alter
an assessment where in was incorrect, but he noted in the case of Mr. Weakland there was
obviously s~ benefit accruing to his property by the i.Dprovement if there were an over-
land roote to his property.
Councilman Blessing expressed concern over the hardships such assessments placed
on retired perscns and others en fixed incoroos and asked if there was any way the City
could assist them. City Manager Dial indicated that the City alows the assessments to be
paid over a ten-year period, whereas Boulder, for exanple, allows only five. This he
stated was permitted in order to reduce the bunien on such perscns, although he did in-
dicate that there were certainly other methods in which to deal with this situation.
Colmcilwanan Henning noted that at cne time Council had received inforuation en
the problem of fixed income perSalS and the assessments they receive and noted that per-
haps in future districts the Cotmcil could adopt a new policy specifically aimed at
alleviating the situation they are facing in paying for special assessments.
lJpal a call of the roll on the DX>ticn, the vote resulted as follows:
Ayes:
Nays:
Absmt:
Council Mmbers Schwab, Lay, Henning, Brawn, Blessing, Smti.
None.
Council Menber Dhority.
The Mayor declared the DX>tion carried.
* * * * *
INTK>OOCED AS A BIIL BY OOUNCII.MAN LAY AND READ IN FtJlL,
A BIU.. FOR
AN ORD~ APPR:>VI?«; 'lllE \H)LE <DST OF 'DIE IMPK>VDEn'S MAIE IN PAVIt«; DISl'RICT NO. 20, IN
DiE Cl'IY OF ~, CXLORAOO; APPK>Vn«; AND cmFIRMIR; nlE APPORI'I~ OF SAID CDST TO
EA£ll wr OR TRACT OF LAND IN SAID DISTRICT; ASSESSU«; A SHARE OF SAID CDST AGAINST FACll wr
OR TRACT OF LAND IN 'lllE DISTRICT ; PRECRIBrt«; 'lllE MAttiER FOR 'DIE CDILECTIOO AND PAYMENT OF
SAID ASSESSt-Em>; AND DEX::LARI?«; AN FM:RGmc:t.
CXl.tiCIUM LAY MJVED, CXXJNCIU1AN SCliWAB SECXlIDFD, 'lHAT 'lllE Blll. FOR AN ORDINANCl:
BE PASSED 00 FIRST READI.R; AND PUBLI~ IN FUU. IN 'DIE aG1.YOOD HERAID SENITNEL. Up<n
the call of the roll, the vote resulted as follows:
Ayes: Council Menbers Sclwab, Lay , Henning, Brown, Blessing, Smti.
Nays: Nate.
Absent: Council Menber Dharity.
The Mayor declared the DX>tion carried.
* * * * *
City Attorney Berardini started to review the history en a Bill which would vacate
the Sooth Lincoln Street/South SherDllll Street alley south of East Girard Avenue.
Councilman. Lay interjected to note that on March 20 this ordinance and failed
and questicned whether it could be reintroduced at this meeting. The City Attorney indicated
that a DDtion to reintroduce llUSt be brought up by cne of the menbers voting on the prevail-
ing side.
CXl.ti~ Hmm«; MJVED, ~ LAY SECDIDED, 'lHAT 'lllE Blll. 00 FINAL RF.ADU«;
VAC.A'.l111; 'lllE AI1Ei LOCATED OO'IIE..Y Wl'DIIN BLOCJ< 6, PREMIER AIDITIOO, Cl'IY OF ElGE\a)D,
ARAPAIDE CXl.Nl'Y, CDIDRAOO, AND RESERVIR; 'lHEREIN 'DIE RIGfl' TO INSTAIL, MAINTAIN, OPERATE,
REPAIR, AND REPlK.E 'lllE SEWER AND WATER Mt\IN AND C7lHER l1l'IUTIFS IN SAID PUBLIC AILEY BE
RECIR>IDERED.
Mr. David Sensmey, Attorney, 3460 South Sherman Street, addressed the Cotmcil on
behalf o f Offices, Ltd. He noted that if the alley were vacated, there "WOUld still be access
to the Parker property as set forth in the agreement which had been signed beoveen the Or.Jo
p arties.
Colmcilman Sclwab questioned the precedent of vacating an alley to provide for park-
ing. Councilman Lay inquired i f abandonment of the alley were really necessary.
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Mr. E. Bruce Schock, Architect for Offices Ltd., appeared before Col1I¥:il and
stated that if the City ~d provide the five to six feet of alley needed and would
inprove it, then there would be no need for the alley to be vacated.
Councilman Lay inquired of the City Attorney if there were any stipulations as to
what could or could not be built in the alley. The Attorney stated that if the City acquires
an easEDelt, which it has in this case, then no structure could be built over the alley if it
were vacated.
Upcn a call of the roll on the m:>tiat, the vote resulted as follows:
Ayes: Council Menbers Lay, Henning, Brown, Blessing, Senti.
Nays: Council Ment>er Schwab.
Absent: Council Ment>er Dhority.
The Mayor declared the m:>tiat carried.
ORDINANQ: t«>. 10,
SERIES OF 1972
BY AJ.ml)RIT'i
AN ORD:INANIB VACATING 1HAT AILEY LOCATED ENITRELY WI'mIN BIOO< 6, PREMrER AIDITirn, CITY OF
ENGUKX>D, ARAPAll>E CXXJNl'Y, CDIDRAOO, AND RESERVING 'lliEREIN 1HE RIGHI' 'ID INSTAIL, MAINl'AIN,
OPERATE, REPAIR AND REPlXE 1HE SEWER AND WATER MAIN AND OIHER UITUTIES NOW LOCATED IN SAID
PUBLIC N.J..E'l.
(Copied in full in the official Ordinance Book) •
~CIUD1AN HENNING MJVED, CXlJNClU1AN BT FSSING SEcmD.FD, '!HAT ORDINANCE NO. 10,
SERIF.S OF 1972, BE PASSE D rn FINAL READING AND PUBLI~ BY TITJ.E IN 1HE mGLEWX>D HERAlD
SENITNEL. Upon the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Menbers Lay, Heming, Brown, Blessing, Senti.
Council Merrber Schwab.
Counci 1 MeDi>er Dhority.
The Mayor declared the m:>tiat carried.
ORDINANQ: t«>. 11
SERIES OF 1972
* * * * *
BY AJ.ml)RIT'i
AN ORDINANIB lffNDING TITJ.E 'IJl '69 E.M.C.' BY AOOU«; DEFINITirns, INc:m:ASING 1HE APPOINTED
MElfi:RSHIP 'ID 1HE WATER AND SEWER OOARD, FSrABLI91ING DATES FOR 1HE DEL.nqJENCY OF WATER
BIILS, MAKIK; PRJVISIOO FOR OOITQ: OF SHUT-OFF AFl'ER DELnQ.JmCY; ABCLI9UNG ''VAC»ICY IN-
SPECTIW'' CJWG:S; INaw.ASING CllARGES FOR WATER 'I'Um-OFF OR rum-rn SERVICES; Al1IHORIZING
arr-OFF FlOt MAIN 'ID BE PERFOm£0 ElnlER BY A STATE UCENSED AND IDID.FD PUJMBER OR CITY
WATER orvrsrrn PERSCHIBL; lIDlUIRING SERVI(}: PIPE 'ID <mFORM 'ID 1HE UNIFTJRM BUILDING CDDE
SPECIFICATIOOS AND STANllARil); DISCXNl'INUING 1HE SAlES OF CERrAIN M\TERIALS BY 1HE WATER
DIVISIOO' REQUIRING AIL cmNECI'IOOS wrm 1HE CITY WATER SYSTEM 'ID BE MAJE BY Sl'ATE UCENSED
AND~ PUl1BERS AND REPEALING AIL ORDINANraS OR PARIS OF ORDINANCES IN ~FLicr HEREWim.
(Copied in full in the official Ordinance Book) •
~CIU1AN LAY M>VED, CXXJNCIU1AN SCllWAB SECDmED, 1HAT ORDINANffi NO. 11, SERIES OF
1972, BE PASSED 00 FINAL READING AND PUBLI~ BY Tln.E IN 1HE mGLEWX>D HERAID SENI'INEL.
Upcn the call of the roll, the vote resulted as follows:
Ayes: Council Menbers Schwab, Lay Heming, Brown, Blessing, Senti.
Nays: Nate.
Absent: Council Menber Dhority.
The Mayor declared the m:>tion carried.
* * * * *
INTlUXJCED AS A Blll.. BY ClXJNCIU1AN ~ AND READ IN FULL,
A BIIL FOR
AN ORDINANCE REPEALING SECITOO 3, rnAPTER 2, TITJ.E V, OF 1HE '69 E.M.C., ENTITLED ''PAY PLAN"
BY RELif..VING 1HE OOARD OF CAREER SERVIffi CDMISSICIIBRS Fl011HE ~REMNI' OF AN AttiUAL
RECnHNilt\TIOO OF A PAY PLAN.
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CDlfiCIIM\N ~ MJVED, CDlfiCIUD1AN HEHru«; SECXfiDED, 'IHAT DIE BIIJ.. FOR AN
ORDINNO: BE PASSED 00 FIR.51' READING AND PUBUSHED IN FUlL IN 'lHE mGLEWl)D HERAID SENITNEL.
Council.Den Schwab inquired if the adninistration had developed an alternative role
for the Board to play in the negotiating process. City Manager Dial said that he felt that
he and the Attorney should ~et with the Board to discuss their role in negotiations and pre-
sent recormendations at a later ueeting.
Councilman Lay suggested that their role as a fact-finding body be considered.
Upcn a call of the roll on the ITDtion, the vote resulted as follows:
Ayes: Council Menbers Schwab, Lay, Henning, Brown, Blessing, Senti.
Nays: Ncne.
Absent: Council Merrber Dhority.
The Mayor declared the ITDtion carried.
* * * * *
Council.mm Schwab referred to the next item oo the agenda, a Bill for an Ordinance
relating to pornography, and suggested that Council study this ordinance in scme detail be-
fore considering it oo first reading.
Councilmm Brown irxlui.red of the City Attorney if it were not true that the ordinance
he had drafted for Council's study had failed to include an enacting clause and a provision
for penalty. Mr. Berardini stated that the Municipal Code has a general penalty clause of
ninety days in jail and/or a $300 fine for each offense. He noted that IllJili.cipalities in
Colorado were prohibited fran illposing a jail sentence of roore than ninety days.
c.ouncil.Den Brown agreed that it wuld be advisable to study the ordinance in
roore detail and the Council passed oo to the next item on the agenda.
* * * * *
INl'lOXJCED }S A BIIL BY CXl.JNCIUD1AN ~ AND READ IN FUIL,
A BIU. FOR
AN ORDINANCE VACATIR:; 1llE FA5EMNI' IN 1llE OORIH 16 ~~OF IDr 11, OXFORD HEIGHI'S, SEalID
FILit«;, ARAPAll>E a::unY, OOLORAOO.
WBCIUD1AN ~ M>VED, CXl.JNCIIM\N BT FSSING SECmDED, 'IHAT DIE BIIL FOR AN
ORDINANa: BE PASSED 00 FIR.51' READING AND PUBUSiED IN FUlL IN 1llE F.NGU..VIX)D HERAID SENITNEL.
Councilmm SclMab was coocemed that this alley shruld be 118rked ''One Way'' because
it appeared to be a blind alley. City Manager Dial felt there was sufficient visibility but
that he wuld certainly investigate it further.
Upcn a call of the roll, the vote resulted as follows:
Ayes: Counci 1 Merrbers SclMab, Lay, Henning, Brown, Blessing, Senti.
Nays: Nooe.
Absent: Council Menber Dhority.
The Mayor declared the ITDtion carried.
* * * * *
City Manager Dial noted that the Council had authorized the adninistratioo to
negotiate a contract for the purchase of the properties around the Sewer Pl.ant at a price
not to exceed 10 percent of the appraised value. The ''Wilsen" property wuld, if Council
authorized the resolution, exceed the appraised value by 9 .8 percent. The agreement on the
"Linckler'' property wuld be at the appraised value althoogh there was a stipulation providing
for Mr. Lindner to receive tw years of free rent.
RES>WITW ?«>. 19, SERIES OF 1972
A REOOWITW Al11H>RIZING 1llE EXEa.JTIOO OF A CXNrRACI' FOR DIE PUK:HASE OF LA.ND FOR 'lllE UITLITIES
DEPARIHNr.
(Copied in full in the official Resolutioo Book) •
CXXK:IIMAN LAY MJVED, CDWCIIMAN SCliWAB SECXIIDED, '!HAT RESOWITOO 00. 19, SERIES OF
1972, BE APPRJVED AND AOOPl'ED. Upcn the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Menbers Scl'wlb, Lay, Henning, Brown, Blessing, Senti.
None.
Council Menbers Dhority
The Mayor declared the IIt>tion carried
* * * * *
383
384
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RES>umoo NO. 20, SERIE.5 OF 1972
A RESOumoo Al1IH)RlZ!t«; 'IHE EXEWITOO OF A cnmw:r FUR 'IHE PUIOIASE OF LAND FOR 'IHE
UTILITIES DEPARIMNI'.
(Copied in full in the official Resolution Book).
CllfiCIU1AN BJFSSJK; HJVED, CllfiCIU1AN ~ SECllIDED, 'mAT RE&>WITrn NO. 20, SERIES
OF 1972, BE APPK>VED AND AOOPI'ED. Upm the call of the roll, the vote resulted as follows:
Ayes: C.Ouncil Meubers Schwab, Lay, Henning, Brown, Blessing, Senti.
Nays: Ncne.
Absent: Council Meni>er Dhority.
The Mayor declared the DDtioo carried.
* * * * *
City Attorney Berardini discussed the apparent conflict between the Uniform Building
Code and the Sign Code as they relate to signs placed on awnings over public rights-of-way.
He referred specifically to the encroachnent approved for the awning of Hi Fi Fo F\m Music
Coopany, 3460 South Br~ay, approved by the Council at the regular meeting of March 20. The
Cculcil, he recalled, approved the encroachnent but required that the sign painted on the
awning be rEIOOVed. In effect, he said, the structure was permissible but the sign on the
awning was illegal.
Councilwomm Henning noted that the Planning and Zoning Coomission \\10\lld have a
study in the near future to review the sign ordinance and that this matter should be specifi-
cally looked into.
* * * * *
Hr. Berardini noted that at the previous Council meeting he had been asked to read
Robert's Rules of Order as it related to tabling a DDtion. A motion to table lays there, he
said, until the next session. If it is not raised from the table at that time, it dies and can
be raised again at any time. To kill a motion indefinitely, he noted, a motion to "table
indefinitely" uust be passed.
* * * * *
Mr. Dial noted that the City for several years has been acting as its own fiscal
agent for special inprovement bond issues. This, he said, arn.mts to considerable savings.
He referred to the bond prospectus and not~ce of sale for Paving District No. 21 and called
Council's attention to page 8, noting that for the first time specific informatioo as to the
IUIDber of developed and undeveloped parcels and their assessed valuatioo had been included.
This, he said, was made possible through a nnre sophisticated data processing printout
available this year for the first time.
RES>umoo NO. 21, SERIES OF 1972
~ SCllWAB HJVED, CXlJNCIU1AN LAY SECXIIDED, 'mAT RESOLUITrn NO. 21, SERIES OF
1972, BE APPKJVED AND AOOPI'ED. Upon a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Menbers Schwab, Lay, Henning, Brown, Blessing, Senti.
None.
c.ouncil Meuber Dhority.
The Mayor declared the DDtioo carried.
* * * * *
Mr. Dial referred to a nsoorandun from the Police Chief indicating there was an
inconsistency in the City's C.ode with the State statutes. According to City ordinance, a
person Wlder 18 years of age carmot sell 3 .2 beer for ccxunq>tioo oo the premises nor can
one eaploy a person 18 years or younger where 3.2 beer is sold. State law allows both of
these. He said it appeared to be in order to prepare an ordinance which 'WOUld make our
Code agree with the State statutes.
* * * * *
City Manager Dial asked approval to send one police officer to the Indiana Univer-
sity Center for Criminal Justice (Police Firearm; Instructor's C.Ourse) May 8-12, 1972.
Council.mm Schwab in}uired if the City had a stipulation that the tuition be refunded
to the City if the e11ployee taking advantage of a City spmsored course fails to remain in the
City Siploy a certain length of time.
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City Manager Dial said that we did not and felt that unless it involved a truly
substantial outlay of IIaley, he did not feel it was advisable. He stated we should not
hold back a premising elll>loyee who may receive a better job offer after receiving s~ train-
ing at the City's expense.
C.Ouncilman Lay said he felt a decision of this type should be left up to the judge-
ment of the department head.
CXUICIU1AN ~ M>VED, CXXJNCIU1AN BIESSIR; SEcnmED, 1HAT 'lHE RECDHNDATIOO 10
smD WE POUQ: OFFICER 10 'lllE INDIANA WIVER5ITY CENl'ER Fell CRIMINAL JUSriffi (POUffi
FIREARt-5 INSTROCIDR' S ~E) MAY 8-12, 1972, BE APPK>VED. Upcn a call of the roll, the vote
resulted as follows:
Ayes: c.ouncil Menbers Schwab, Lay, Henning, Brown, Blessing, Senti.
Nays: None.
Absent: Council Menber Dhority.
The Mayor declared the nntion carried.
* * * * *
Mr. Dial recalled that in the 1972 budget we were phasing out the fire mechanic
and developing a capability to service all City owned equipnent at the servicenter. In order
to do this, it would be necessary, he said, to train two mechanics in the service of fire
fighting equipnent. He requested approval of the Council to send two mechanics to Snorkel
Fire Eqnipnent Coopany in St. Joseph, Missruri., to a training school on the maintenance of
fire equipnent April 17 and 18, 1972.
CDWCIU1AN lAY M>VED, CXXJNCIU1AN BLESSING SECXIIDFD, 1HAT 'lHE RE<lH1ENDATIOO 10 SEND
n.D ~a:; 'IO 'lllE Stl>RKEL FIRE~ CXH>ANY IN sr. JOOEPH, MISOOURI, 'IO A TRAINING
SOD>L 00 'DIE Mt\INI'mANffi OF FIRE ~ BE APPR>VED. Upcn the call of the roll, the vote
resulted as follows:
Ayes: Council Menbers Schwab, Lay, Henning, Brown, Blessing, Senti.
Nays: Nme.
Absent: Council Menber Dhority.
The Mayor declared the nntion carried.
* * * * *
City Manager Dial reported on the status of three Federal aid applicatioos. A total
of $14,000 had been requested under the State Highway Safety Act for a new rescue vehicle.
The City has been inf~ that it would, in all probability, be fumed for this program.
With regard to the Greenbelt Park/Northwest Englewood, Mr. Dial said that he had received a
letter from the Department of Housing and Urban Developnent stating that any costs oo this
project incurred frail new on would be eligible for fuming if the project were given approval.
He cautimed Council not to think this was approval of Federal assistance but instead merely
a letter saying that if the Federal Goveu1DB1t were to approve the project, even thoogh the
project had not been approved to date, any costs incurred from this point forward would be
eligible. He said, licMever, that the receipt of this letter was a good indication that the
goveum::r1t was giving our project serious consideratioo.
* * * * *
In reference to the storm drainage project in Northwest and Northeast Englewood, the
Manager referred to a mesoorand.ln from Mr. Kells Waggooer, Public Works Director, which he
handed out to Council. He noted that the Department of Housing and Urban Developnent is re-
viewing our application and that according to Mr. Waggoner there was apparently a pretty fair
chance of the City being fumed. Assuni.ng the project is fumed, the estimated time for conr
pletion of the work is 330 days from the date the agreement is signed.
* * * * *
Mr. Dial discussed the possibility of installing signal lights in from of the Alice
B. Terry Elementary School, 4485 South Irving. The Englewood Kiwanis Club has agreed to pay
for the labor of two men putting in the signal if the City does the work. All equipnent costs
are to be paid for althoogh s~ old equipnent would probably be provided by the City.
CD.fi~ SCllWAB MJVED, CXXJNCI.UD1AN HlltiING SECDIDFD, '!HAT CITY LABOR BE USED 'IO
INsrAIL 'lHE TRAfiTIC SIWAL AT 4485 SOU'1H IRVIN:; S1'REET IN m:NI' OF 'DIE ALiffi B. 'IERRY ELFHNI'-
AEi SOIX>L. lJp<n a call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
C.Ouncil Merrbers Schwab, Lay, Henning, Brown, Blessing, Senti.
None.
Counci 1 Merrber Dhori ty.
The Mayor declared the nntioo carried.
* * * * *
385
386
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City Manager Dial indicated that the Normandy Estates Inprovsnent Association had
made applicatioo for a special events liquor permi.t. Because it was necessary to hold a
public hearing, he suggested that May 1, be set as the date.
~ LAY MJVED, CXXJNCII.Mi\N SCllWAB SE<DIDED, 'DIAT Ml\Y l, 1972, AT 8: 00 P .M. ,
BE ESTABLI91ED FOR 'lHE PUBLIC HEARm; 00 'lHE SPECIAL EVfNl'S UcµJR PERMIT~ FOR
OORHi\NDY ESl'ATES nt>R>VEHNI' ASSOCIATIOO. Upcn the call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Absent:
c.ouncil Menber Schwab, Lay, Henning, Brown, Blessing, Senti.
Nooe.
Col.mCil Menber Dhority.
The Mayor declared the m:>tioo carried.
* * * * *
CllJNCII.MAN ~ MJVED, CXXJNCII.MAN BIBSSIK; SECXIIDED, 'lHAT 'lHE ~ DEVELOPHENI'
DlsrRICT ORD~ BE REMJVED .FlU1 'lHE TABIE. Upcn the call of the roll, the vote resulted as
follows:
Ayes: C.Ouncil Menbers Henning, Brawn, Blessing, Senti.
Nays: CCA.mcil Meni:>ers Schwab, Lay.
Absent: Council Menber Dhority.
The Mayor declared the rootioo carried.
There was coosiderable discussion as to wilether or oot the Council should send the
ordinance back to the Planning and Zoning Comnissioo for further review.
City Manager Dial capped the discussial by saying that if the Courx:il desires, the
acb:i.ni.stratioo will prepare a new bill which would include the suggested aJDE!l'dnents which
Council apparently wished to have incorporated. No actial oo the ordinance was taken.
* * * * *
~CII.MAN SCllWAB MJVED, CXXJNCII.MAN LAY SECDIDED, '!HAT 'lHE MEEl'!K; BE AllJOOmED.
Upm the call of the roll, the vote resulted a follows:
Ayes:
Nays:
Absent:
Council Menbers Schwab, Lay, Henning, Brown, Blessing, Senti.
Nooe.
Council MeIIDer Dhority.
The Mayor declared the IOOtion carried, and the meeting adjourned at 11:08 P.M.
/S/ W.L. McDivitt
Ex Officio Clerk of the c.ouncil
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