HomeMy WebLinkAbout1972-05-01 (Regular) Meeting Minutes396
CDWCll. CliAM8ER.5
CITY OF ElG»IX>D, CDIDRAOO
MAY 1, 1972
REQJU\R ~:
The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular
sessicn en May 1, 1972, at 8 :07 P.M.
Mayor Senti, presiding, called the meeting to order.
The invocation was given by the Reverend Fred Halm, Enmanuel wtheran Orurch.
Pledge of Allegiance was led by Pack No. 333.
sent:
The Mayor asked for roll call. Upcn the call of the roll, the following were pre-
Council Meni>ers Sclwab, Lay, Henning, Ihority, Brown, Blessing, Senti.
Absent: Ncne.
The Mayor declared a quorun present.
Also present were: Assistant City Manager McDivitt
City Attorney Berardini
* * * * *
CDWCIIMAN IH>RITY MMD, Cll.JNCII11AN ~ SECDIDFD 'lllAT 'DIE MINl11."ES OF 'DIE REGJLAR
HEETIK; OF APRIL 17, 1972, BE APProvED AS RF.AD. Upcn the call of the roll, the vote resulted
as follows:
Ayes: Council Menbers Schwab, Lay, Henning, Ihority, Brown, Blessing, Senti.
Nays: Nooe.
Absent: Nale.
The Mayor declared the iootion carried.
* * * * *
Mr. Loren Shepherd, Van Schooneveld, Shepherd & Co., appeared before Council to pre-
sent the 1971 financial report of the City. He stated that in the course of the audit no le-
gal problem; of any magnitu:ie were found, that the City had in every case conformed to the
strict legal requirements i.Dposed by the City Olarter, City ordinances, and state statutes
where applicable.
He referred to his Management Letter of April, 1972, in which the Surplus and Defic-
iency F\Jnd was discussed in sea! detail. He noted that the Fum now contained ~371,000 and
that the Olarter provides no way in which these fums be used except through default of im-
provenent districts. It is apparent, he said, that the Cllarter Conmi.ttee originally assuned
that the Fund would increase or decrease depending upro the nature of the inprovement district
but Englewood like Denver has rx>t found this to be the case. The FuI¥i has merely increased
each year and is DUCh larger than necessary to cover any deficiencies in the annual inprovement
districts. He recannended that the City Council give consideration to sea! method of reducing
the ainmt of UOleY in the Fund. He noted, however, that any method suggested would probabley
have to receive careful scrutiny by the City Attorney.
He noted that the Management Letter also took issue with the nmmer in which the City
accounted for the Road and Bridge cash and/or credit given by the Co\mty. Under state law it
is now possible, he said, for the City to receive its share of the road and bridge fums in
cash rather than in service as was the case in the past. This makes it inportant, he said, for
the City to show the appropriation by the County and their expenditures ro the City's behalf
on the financial statements of the City. He also recannended that the Council enact a resolu-
tion to amerd the current budget for the 1972 allocatiro and that the aanini.stration take this
procedlre into account in the preparatiro of the 1973 budget.
With regard to the Sales and Use Tax aanini.stratiro, he suggested that there was an
inequity in the collectiro of the Use Tax. As a general rule, he said, the professialS are
exsJl>t free the Sales Tax but are liable oo the Use Tax for the itellli purchased outside the
City. The problem with enforcement is that the cost of collecting the tax may exceed the tax
collected from legal, accounting, medical practitiroers, and other. M>st professionals do not
pay the Use Tax because it is rx>t enforced. He, therefore, suggested that a flat charge of
perllaps $25.00 per principal or owner license per practitioner or, if they are not licensed,
$25.00 per principal or owner of a service business be charged in lieu of the Use Tax. Mr.
Shepherd also suggested that in the future the distributioo of the Sales Tax between the
General Fund and the Public lnprovement F\Jnd be done by resolutioo.
Councilman Schwab asked Mr. Shepherd to further explain the problem of the distribu-
tiro of the Sales Tax.
Mr. Shepherd stated that the distributioo of the Sales Tax between the General Funi
and the Public luprovement F\Jnd had been changed fran the distribution made in the original
1971 bJdget as adopted by the Council. This change was made in the 1971 budget as revised by
the Council when the 1972 budget was adopted. \<hi.le the Council gave tacit approval to this
change in distributicn, Mr. Shepherd said that it would be ouch better if such a substantive
change were formalized by resolution.
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Councilwanan Henning asked Mr. Shepherd haw the County's road and bridge contribu-
tioos to the City shruld appear in the budget.
Hr. Shepherd noted that there was a shortage of $44,000 in the streets and drainage
budget of the General Fund as shown in B-2 of the financial report, but by the saJOO token there
was an additional sun of $46,000 in revenue to offset this shortage. The current budget, he
suggested . should by revised to reflect this transaction.
c.ouncilmm Dhority asked Mr. Shepherd haw nuch Sales and Use Tax was lost by the
City in collecting fran professicnal enterprises. Mr. Shepherd said it was purely a guess but
he '°11.d estimate around $25 .00 to $50.00 per professional firm per year.
Hr. Illori.ty asked if there appeared to be good enforcement of the Sales Tax ordi-
nance. Mr. Shepherd explained that the ordinance creating the Pensicn F\Jnd turned all p<:MerS
for acbi.nistering the fund over to the Board but at the same time stipulated certain limi.ta-
tials as to haw mooey in the Fund was to be invested. This, he explained, gives too nuch
power to the enployer of the City and, therefore, might cause the tax exenpt status of the funi
to be revoked by the Internal Revenue Service.
U>UnCi.JJDan :>cnwao asked i.r tne Kecreati.on 1'\JIXl shOU1Cl De eunnnated as a separate
rund and put in the General J.o\Jnd. Mr. ~epherd answered that it should.
Mr. Stanley H. Dial, City Manager, entered and took his seat with Council.
* * * * *
Hr. Terry Wickre of the Colorado Pure Bred Dog Fanciers Association, 1885 Panama
Drive, appeared and conmended Council for passing the proposed animal control ordinance, which
he felt went a long way toward cracking dawn on "back-door" breeders. He did, however, take
exception to the $100 license fee for hobby breeders stating that such a fee 'WOuld defeat the
purpose of an ordinance which was to permit only the serious breeders to stay in business •
The Colorado Pure Bred Dog Fanciers, he explained, placed strict regulations on
meoi>erships and in his opinion they had done a good job of setting standards for those who
wished to qualify as breeders. He perscnally felt that the $25.00 annual fee would give the
Council the type of control it needed to regulate hobby breeders.
r.ouncilmm Brown asked how many in the audience were from the group represented by
Mr. Wickre. No count of the lllJii>er of hands were D&de.
Mr. Wickre stated that llk>st hobby breeders would not mind paying $30.00 to $35.00
per year.
Councilwanan Henning suggested that perhaps a higher initial fee, coupled with a
lower renewal fee, would be acceptable and accouplish Council's intentions as set forth in the
ordinance.
Council.mm Schwab stated that he was the one responsible for the amendment setting
the fee to $100 .00. He said the higher fee was good in his estimation because $25 .00 would
allow anyone "*1o wished to breed as many dogs as desired. Mr. Wickre disagreed stating that
the mJDber of breeders could be controlled through the regulations set forth in the ordinance.
Mrs. Bernice Helinski, 4985 South Lipan, identified herself as a hobby breeder and
stated that IOOSt breeders do not receive in prize ur:ney what they expend in preparing their
dogs for showing. A good show dog she stated would not be ''pulled" for breeding.
* * * * *
Mr. Neil Grigg of Sellards and Grigg appeared to discuss the South and South Central
Drainage Basin plans. He reviewed the history of the storm drainage plan, roting that in
Jaruary of 1971 the study itself had first been presented to the Council. In February the
firm had started on the design phase of the Northeast Basin and on March 9, 1971, the firm
had sulxni.tted a letter of alternatives for further developnent of the storm drainage program.
The Council at that time authorized his firm to begin planning.
On October 15, 1971, the firm presented a progress report to the Council and at the
meeting taright Mr. Grigg was to make a further presentaticn which would eventually give his
firm further guidelines fran the Council.
He presented a report to the Council and stated that the area in question was
ra.Wtly between Banoock and Tufts to Huron north of Stanford. It was specifically for pend at
Huron to an area close to BaimOCk that his firm was seeking further guidelines.
Mr. Grigg presented five alternatives for Council's study.
Total Nunber of No. of Hanes Acres
Protection, Project Hanes Flooded in of Park
Alternative Level Cost Purchased Major Storm Provided
Plan A 2 $ 429,180 3 18 & 1 Apt. 0
Plan B 2+ 1,005,100 19 & 1 Apt. 3 s.o
Plan C 2+ 998,400 19 & 1 Apt. 3 5.5
Plan D 100 1,069,000 19 & l Apt. 2 5.5
Plan E 100 1,138,700 19 & 1 Apt. 2 s.o
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He noted that Plan B through D have a COIIllOl problem in that the Council ~ld have
to acquire certain hemes.
City Manager Dial suggested that the feelings of the people living in the area
affected might be of tl8jor coocem to the Council. Perhaps, he stated, Council 'WOUld like
to hold a public meeting where the preference of the citizens in the area could be aired.
Council agreed that such a rooeting shatl.d be held and postpcned setting it until a later date.
* * * * * *
Mr. M.M. S\JllTE's, 3140 South Delaware Street, appeared before Council to present a
petitioo signed by persoos wishing the Council to iJJmediately enact an ordinance prohibiting
the shewing of X-rated umries within the City. Mr. Sumners stated that at this meeting he
and the people signing the petitialS wanted a decisioo ooe way or another so that this would
be the last time he 'WOUld have to appear before Council on this issue. Some of the people
who signed the petition, he stated, do not live within Englewood trade area. This problem
(X-rated nmries) he stated is not coofine to the corporate bourdaries of the City and, there-
fore, it was legitimate in his opinion to have persalS living outside the Englewood City li.mi.ts
but within the trade area sign the petition.
The Clerk received the petition, marked it as Exhibit "A", and read it to wit:
rerITIW 'ID '!HE ~ CITY CIXJNCIL
We, the property owners and residents of the city of Englewood,
hereby petitioo you, the legislative body of Englewood to im-
mediately enact an ordinance pn>hibiting the sharing of X-rated
or indecent pictures in the city. Since Englewood has no or-
dinances or provisions against such indecencies, we find it
necessary to correct these cooditioos.
* * * * *
The Mayor recessed the meeting at 9: 30 P .M. so that the student counterparts of the
Council Delbers, City Manager, Assistant City Manager, and City Attorney could conduct a m:>ck
Council meeting as part of their participation in the anmial Student Government activities.
The Student Council disrussed the necessity of a connunity building and by a vote of four
to three approved a m:>tioo urging the City to refurbish the Police-Fire Building and develop
it into a recreation center "1en it is vacated.
The Mayor reconvened the regular meeting of the Council at 10:00 P.M. Upm the
call of the roll, the following were present:
Council Meni>ers Schwab, Henning, Ihority, Brawn, Blessing, Senti.
Absent: Council Msri>ers Lay.
The Mayor declared the qUOnJD present.
* * * * *
~ IH>RITY MJVED, CXl.JNCII.MAN SCllWAB SECXIIDED 'lHAT 'lHE PUBLIC HF.ARill; 'ID
~IDER 'lHE ~ OF t«>RHANDY ESrATES nt>R>VEMNI' ~CE FOR A SPECIAL EVENl'S Ucµ>R
PERMIT Qi Hi\Y 6, 1972, BE OPmED. Upoo the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
<:ouncil Metrbers Set.Jab, Henning, Ihority, Brawn, Blessing, Senti.
Ncne.
Council Meni>er Lay.
The Mayor declared the public hearing opened at 10:03 P.M.
t«Jl'E: A tape recording of the public hearing is on file with
the official records of the City Clerk of the Hay 1,
1972, City Council 'meeting.
Hr. Dcrlald Knott of the Nonmndy Hane <Mlers Association requested the permit stating
that the associatim represented approximately 300 bane owners of Platte Canycn Road near
Littleton. 'llle event she explained was to raise Daley for the anmial camunity beautification
project. She was requesting a permit for an 8:00 P.M. to 1:00 A.M. event oo Hay 6, 1972. The
permit she said is required in order for them to serve drinks. 9le sulmi.tted a picture sharing
the 'Notice of Public Hearing" for the application for the special events permit hearing in the
wi.ndcM of the Knights of Col\JlbJs building at 3800 South Santa Fe Lane.
The Clerk received the picture and it is filed with the official records of the
mirutes.
Councilman Schwab inquired if ooe Dl.lSt be a meui:>er of the Associatioo in order to
attend the party. Mrs. Knott said that according to the law the event Dl.lSt be open to the
public.
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Councilmm Blessing asked if any Police need be present. City Attomey
Berardini said no.
Councilman Sclwab asked if the party would be held in the bar. Mrs. Knott
answered that it would not.
Councilman Dhority asked is there would be any entertaimnent. Mrs. Knott
answered that the evening would center around a JOOCk casino. F.ach meoi>er wul.d receive
$500 worth of paper nrney at the door but there ~ld be no live entertainment.
<Xlfi~ IH)RI'IY MJVED, CXllfCIUDfAN ~ SE<DIDED, '!HAT 'lHE PUBUC HEAR-
n«; BE CloSED. Upcn the call of the roll, the vote resulted as follows:
Ayes: Council Menbers Schwab, Henning, Il'writy, Brown, Blessing, Senti.
Nays: Nate.
Absent: Council Meni>er Lay.
The Mayor declared the notion carried, and the hearing closed at 10:15 P.M.
CXllfCII1fAN IK>RI'IY KJ'JED, CXllfCIUDfAN HF1tiIR; SECDIDED, '!HAT BECAUSE 'lHE
~ FOR SPECIAL EVlln'S Ucµ:>R PERMlT IDR 'DIE OORMANDY 1D£ CM£R.5 ~ms MEI' AIL
STATE ClUTERIA, SAID PERMlT SRXJlD BE GRANI'ED. Upcn the call of the roll, the vote resulted
as follows:
Ayes : UJunci.l MeIIDers ~cllWat>, ttemung, UhOrity, .tSrown, .tSlessing, ~ti.
Nays: None.
Absent: (;olmci.1 Me!It>er' Lay.
lhe Mayor declared the notion carried.
* * * * *
l;ity Manager Dial discussed the bald bid opening tor Paving District No. 21. He
noted that for the fourth year in a row the City had received a favorable rate of interest
and one YU.ch had tallen below ZO-Bond index.
l<UVWITOO NO. £3, 8EKlE8 OF 19/Z
A t<ES>WITW AWt\RDU«; SPECIAL ASSESsr-a1f InIDS FUR PAVING DISI'RICT 00. 21.
(Copied in full in the official Resolution Book).
w.tiCIU1AN SCllWAB MJVED, ~~ IK>RITY SEcmDED, '!HAT RES>ll1ITW NO. 23,
SERIES OF 1972, BE APPKJVED AND AOOPIED. Upcn the call of the roll, the vote resulted as
follows:
Ayes: Council Menbers Schwab, Henning, Ihority, Brown, Senti.
Nays: None.
Abstaining: C.ouncil Menber Blessing
Absent: Council Meni:>er Lay.
'!he Mayor declared the notion carried.
J.NTlUX.JCED AS A BIIL BY CDWC~ SCllWAB AND READ IN FUIL,
A BIIL FOR
AN ORDINANQ; AIJIH)R!Zn«:; 'lHE ISSUANQ: OF SPECIAL AS~ IDIDS OF 'DIE CITY OF mGLE\D)D,
WLOBAOO, FOR PAVD«; DISl'RICT NO. 21; PRESCRIBING 'DIE FORM OF 'DIE BWDS, AND PK>VIDING FOR
'DIE PA»Hn' OF 'DIE ~ AND 'DIE INIERESr 'DiERF!fi.
CIX.fiCII1fAN SOiWAf! MJVED, Cll.fiCII1fAN IH>RITY SECXIIDED, '!HAT 'DIE BIIL FOR AN
ORDINANra BE PASSED W FIRS'I RF.ADI?«; AND PUBLI~ IN FULL IN 'lHE F.NGJ..FltlX)D HERAID smrINEL.
Upcn the call ot the roll, the vote resulted as follows:
Ayes: <.A:ulcil Ment>ers Schwab, .Henning, Dhority, Brown, Senti.
Nays : Nale.
Abstaining: Council MeDt>er Blessing.
Absent: Cculcil Ment>er Lay.
·1he Mayor declared the noticn carried.
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City Manager Dial reviewed a DBIX>randtm sul:mi.tted by Mr. Kells Waggener,
Director of Public Works, regarding the bid opming for construction work to be performed in
Paving District No. 21. Hr. Dial noted that the law bid of Burks and Coupany, Inc. of
$303,891.74 was well below the Engineer's estimate of $374,552.60. He, therefore, reconmended
that the law bid be accepted.
<ll.6CIUfAN SCllWAB MJVED, ~CII.MAN ~ ~ED, 'DIAT nIE LOW BID SlJIM(Tl'ED
BY BURl<S AND CDllANY, INC., OF $~3.891.74 BE AfXEPlED AND 'lllAT nIE MAYOR AND CITY ClERK BE
AlJlHJRIZED 'ID EXEC11l'E 'DIE NECE5SARY IXXlHNI.'S. Up<n the call of the roll, the vote resulted
as follows:
Ayes: c.ouncil Meni>ers Schwab, Heming, Dhority, Brown, Blessing, Senti.
Nays: Nale.
Absent: c.ouncil Meni>er Lay.
The Mayor declared the m:>tion carried.
* * * * *
The minutes of the regular meeting of the Board of Adjustment and Appeals held
on April 12, 1972, were received for the record.
* * * * *
The minutes of the Water and Sewer Board meeting of April 18, 1972, were
received for the record.
* * * * *
The minutes of the Workable Program Citizens c.amti.ttee meting of April 13,
1972, were received for the record.
* * * * *
The May, 1972, Annual Cleanup Schedule was received for the record.
* * * * *
A mellk)randun from Messrs, Frank Heam and Charles Kingsbury regarding attendance
at the training school on fire eqnipnent nmntenance held in St. Joseph, Missouri, April 17 and
18, 1972, was received for the record.
* * * * *
c.ouncil Acticn Request form for the renewal of the 3 .2 fermented malt beverage
license for Southland Corporaticn, dba 7-11 Store, 2705 South Broadway was received for the
record.
There being no oppositiai to the renewal of this license, Council m:wed to
the next itEID en the agenda.
* * * * *
A me!OOrandlln frooi the Chairmm of the Water and Sewer Board recomnending
approval of Supplement #1 to the Connector's Agreement with Cherry Hills Sanitatioo District
was received for the record.
<ll.6CIUfAN IH>RI'IY MJVED, CXlJNCII.MAN BlESSING SECDIDED, 'DIAT SUPPUHNI' I 1 TO
nIE ClltiECIDR' S AGRmEn' Wl'lli CllERRY HIIL.5 SANITATIW DISTRICT BE APPR>VED. Upm the call
of the roll, the vote resulted as follows:
Ayes: Council Meni>ers Schwab, Henning, Dhority, Brown, Blessing, Senti.
Nays: Nooe.
Absent: Council Me!Ii>er Lay.
The Mayor declared the 100ticn carried.
A mellk)rand\Jn frooi the Chairman of the Water and Sewer Board recoumending ap-
proval of Supplement #3 to the Connector's Agreement with Greenbelt Sanitatioo District was
received for the record.
~CI.I.MAN SClfWAB MJVED, CXXJNCII.MAN IH>RI'IY SECDIDED, 'DIAT SUPPLEMNI' #3 'IO
nIE <DtiECIDR'S .AGREDtNr Wl'Ili GREmBELT SANITATI~ DISTRICT BE APPR>VED. Upm the call of
the roll, the vote resulted as follows:
Ayes: Council Meni>ers Schwab, Henning, Dhority, Brown, Blessing, Senti.
Nays: None.
Absent: Counci 1 Meni>er Lay.
The Mayor declared the 100tioo carried.
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A mem:>ranch.m frcm the Clurl.rman of the Water and Sewer Board recomnending
approval of Supplement #1 to the Connector's Agreement with GreerM>Od Village Sewer Ioprove-
ment District #1 was received for the record.
<DWCIIMAN IH)RITY KJVED, c:xx.ECIIMAN SCllWAB SECDIDED, 'lHAT SUPPLEHNr I 1 TO
mE CDH:CroR • s .AGREDen' WI'lli GRF.flMX)D VIIUGE SE\ER IWRJwr-tNr DISl'Rlcr 11 BE APPRJVED.
Upcn the call of the roll, the vote resulted as follows:
Ayes: Council Meni>ers Schwab, Heming, Illority, Brown, Blessing, Senti.
Nays: Nate.
Absent: Council MeDber Lay.
The Mayor declared the nt>tion carried.
* * * * *
Councilmm Brown irquired of the City Attorney what steps would be necessary
to amend the animal control ordinance before Council at final reading to provide for an initial
license fee of $50 .00 for a hobby breeder and $25 .00 for an arnual. renewal of same. The City
Attorney said that the ordinance nust be republished in full as a Bill for an Ordinance.
CllfiCIUD1AN HatiIR; KJVED, ~CIIMAN ~ SECDIDED, 'lHAT DIE ORDINANffi
REPEALIR; ARTIClES I AND II, TITIE XI' <llAPlER 11, OF DIE I 69 E .M.C. mTITI.ED' I 'ANIM!\LS AND
FQ.IL", AND REENACTING 'DIE SIV£ Wl'lH AMOOHNl'S, P~ED ~ FmSI' RF.ADD«; AT DIE REWLAR MEE'l'n«;
OF APRIL 17, 1972, BE~&> 'lHAT SEcrl~ 11-11 -7 RF.AD IN PART ·~ APPUQ\TIW SHAlL BE
~ANIED ~'DIE PAYHENI OF A FEE IN DIE AMlJN1' OF FIFl'Y OOlliRS ($50.00)" AND nlAT SEcrlOO
11-11 -8 BE ~ 'IO READ IN PART '' ••• AND SHAU. BE ~ANIED ~ A RENEWt\L FEE OF TWENIY-
FIVE OOLLAR.5 ($25 .00) • "
Councilman Dhority said that the purpose of the bill was not to raise m:ney but
to make it enforceable. He was under the i.Dpression on the last meeting that the hobby breed-
ers did not object to the $100 license fee.
Councilmm Schwab discussed Section 11-11 -9 of the proposed ordinance saying
that it would be Dt>St difficult to dete1.1Dine who was truly a hobby breeder under the standards
i.Dposed by this section, namely, that such a breeder should maintain the premises and facili-
ties in a sanitary condition, provide adequate ventilation for treatment of all dogs under his
ca:itrol. He said that r.ouncil should not be uniuly swayed by the objections of the eight
persons opposing this section of the ordinance "'1hile at the same time not allowing itself to
be swayed by the nearly 600 persons~ petitioned the Council to outlaw the showing of X-
rated DDVies within the City.
CouncilnBn lhority stated that the ordinance could always be amended if it
did not "WOrk as c.ouncil had intended.
Councilman SclMab asked haw many breeders report their sales of animals so
that the City can collect the Sales Tax. He recalled that Council had at one time turned
dawn a request by an indiviciJal representing the Civil Air Patrol to sell candy m the
grwnds that he did not have a Sales Tax license.
Council.waiml Henning stated that she felt that the controls established in the
ordinance to regulate hobby breeders would achieve what the c.onmittee presenting the bill
had intended.
lJpal the call of the roll on the nt>tion, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Meui>ers Henning, Dhority, Brown, Blessing, Senti.
Council MeIIi>er Schwab.
Council Menber Lay.
The Mayor declared the nt>tion carried.
I.Nl'IOllE> AS A BILL ~ ~CILMAN ~ AND READ IN FlJU.,
A BILL FOR
AN ORDINAN<l: ~ ARI'IClES I AND II, TI'ILE XI, CliAPIER 11, OF DIE '69 E.M.C. ENITTim,
''ANIMALS AND FUL'', AND REENACTING 'lllE SAME WI'lH AMENrt1ENTS.
~CIIMAN BlOfi M>VED, OOUNCIUD1AN HENNING SECXIIDED, 'lHAT DIE BILL FOR AN
ORDINANffi, AS NODED, BE PASSED 00 FIRS!' READIK; AND PUBU91ED IN FlJU. IN 'lllE FNGLEla>D HERAID
SENrINEL. Upm the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Meni>ers Henning, lhority, Brown, Blessing, Senti.
Council Meui>er Schwab.
Council Menber Lay.
The Mayor declared the mticn carried.
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BY AIJDl)R!TY
ORDINANCE 00. 16, SERIF.5 OF 1972
AN ORD~ REPEALING TITIE XI, QiAP'IER 8, SECTIOO 4, mrITLED 'MINORS IN GAMBU?«; OR DRINKn«;
IDJSF.S, '' AND ~ 'lHE SNit: WI'IH ~; ~FORMING SAID SECl'IOO Wl'lH 'lHE PR:>VISIOOS
CXNrAINED IN QIAPl'ER 7 5' ARl'IClES 1 AND 2' c. R.S. I 63 AS ~ED' (FEIHm'ED M!\LT BEVERAGES) '
AS \tEIL AS OIAPTER 80, ARl'ICLE 6, C.R.S. '63, AS AMaIDED, (QIIl.D LABOR LAW).
(Copied in full in the official Ordinance Book) •
CllfiCII.MAN BLESSn«; MJVED, CXXJNCII.MAN BRGfi SECXIIDED, 'IHAT ORDINANCE NO. 16,
S~ OF 1972, BE PASSED 00 FINAL RF.ADn«; AND PUBUSHED BY TITLE IN 'lHE ENGLEKX>D HERA1.D
Smr.INEL. Up<n the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Merrbers Schwab, Herming, Dhority, Brown, Blessing, Senti.
Ncne.
Council MeDi>er Lay.
The Mayor declared the Ilk>tioo carried.
* * * * *
BY Al1lllJRITY
ORDINANCE 00. 17, SERIF.5 OF 1972
AN ORDIIWD: ~It«; 'DfE CXff>REHmSIVE zcmR:; ORDINANCE (ORDINANCE 00. 26, SERIFS 1963) BY
AID:n«; '1HERE'10 A NEW SUB-CllAP'IER 22.4A, mrITLED, ''PL.ARIBD DEVELOFtEfl' (P.O.) DISTRicr,"
Alml>RIZ!t«; SAID DISI'Rlcr TO BE SUPERIMPCEED UPCN OR Cll1BINED Wl'IH /tNi C7lHER Z<lmD DISTRicr
Wl'IHIN 'lHE Cl'IY; ~Rn«; 'DfE APPUCATIOO, REVIEW AND APPRlVAL 'DIERIDF; AND PR:>VIDING
STANDAROO mEREFURE.
(Copied in full in the official Ordinance Book).
~CIDD1AN ~ MJVED, CD.fiCIIM\N BRGfi SECXJIDED, 'IHAT ORDINANCE NO. 17,
SERIF.S OF 1972, BE PASSED 00 FINAL READit«; AND PUBUSHED BY TITIE IN 'lHE ENGLEKX>D HERAID
smTINEL. Up<n the call of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent :
Council Menbers Heming, Dhority, Brawn, Blessing, Senti.
Council Meni>er Schwab.
Council Meoi>er Lay.
The Mayor declared the Ilk>tioo carried.
* * * * *
City Attorney Berardini discussed an exchange of property with the First
Natialal Bank of Engla«>OO. \hen the City cut West Qierokee Place through to Elati, it was
necessary for the Ci ty to acquire a ten-foot by 167.5 foot right-of-way along the street.
This right-of-way was owned by the Bank so the City proposed to exchange a certain triangular
parcel of unillproved real estate located imrediately southeast of City Hall to the bank for
this strip of property along with an appropriate fee. The property has been appraised accord-
~ to the attorney and the ~eenent would effect the exchange of property and the bank would
pay the City, In addition, $7 ,000.07.
RES>WrIOO 00. 24, SERIES OF 1972
A RE&>UmOO Al.J'l11)RI.Zn«; 'DfE ~E OF CERl'AIN WIWK>VED LAND~ 'DfE CITY OF ENGLEKX>D
AND 'DfE fiRSI' NATICIW.. BANK OF~. 'lOOElHER Wl'IH CERl'AIN MIEI'ARY PAYMENTS TO 'lHE CITY,
FOR LAND TO BE ~RED FOR STREET PURPa)ES.
(Copied in full the the official Resolutioo Book).
Cllfi~ IH>RITY MJVED, ~CII.MAN SCllWAB SECDIDFD, 'IHAT 'DfE Ml\YOR AND CITY
Cl.Ell( BE Al.J'l11)RIZED 'ID E»ll1lE 1HE AGREFJEfl' Wl'lll 1HE FIRS!' NATICIW.. BANK OF ~D. Upat
the call of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent:
Council Menbers Schwab, Heming, Dhority, Brawn, Blessing, Senti.
Nme.
Council Meuber Lay.
The Mayor declared the DX>tion carried.
* * * * *
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Mr. Berardini discussed the case of the Ci~ vs. Reffel, et al. The case he
stated goes back to the paving district cmducted in 1966 Paving District No. 16). In that
district it was necessary for the City to acquire 16 parcels of property near Yale, two of
which were awned by Reffel and acquired through eminent damin. In order for the City to
take imnediate possession, the court required that a sun of approximately $11,000 be deposited
and in tum, Reffel was required to withdraw two-thirds of that ann.mt or approximately $7,000.
The district court ruled that the parcels were worth $11,584. The case was
appealed to the State Supreme Court which ruled that the lower court had erred in not per-
mitting certain evidence to be submitted. The case was tried again in district court last
week and each parcel was valued at $100.
Mr. Berardini asked authorization fran the Council to go to court to receive
fran the Reffels the difference of the m:ney originally taken by the Reffels as opposed to
what the court finally determined was owned by the City.
™™ IH>RIT'i MMD, <Xl.tiCII.MAN BT ESSn«; SECml>ED, 'lHAT nlE CITY ATroltiEY
BE AlJ'lH)RlZFJ> 'IO PRXEED WI'IH 'IHE NEll:SSARY LEGAL ACTIW 'IO HAVE nlE CITY FUIDS IN 'lllE APPmx-
IHA'.IE AKXNl' OF $7,0CXl REn.JR£1>. Up<n the call of the roll, the vote resulted as follawa:
Ayes: c.ouncil Meobers Schwab, Heming, lhority, Brown, Blessing, Senti.
Nays: Nale.
Absent: c.ouncil Meober Lay.
The Mayor declared the ontion carried.
* * * * *
Mr. Dial reported that the Department of Housing and Urban Developnent had
approved the request authorized by the Council at the last meeting to abate the remainder of
the $20,000 plaming advance for the 1961 Hoskins storm drainage report.
Mr. Dial reported on the recent tree lilli> rEUDVal program urxiertaken by the
City. In the IDE!IOOrandlJn fran the Public \brks Director he noted that the cost of $11,621.23
was s~ inflated as it was based on the state's schedule of rental rates. The City labor
be noted would be absorbed in the General Funi by the streets budget and the remainder of the
funds had been provided for in the 1972 budget. A sizeable annJnt remained, he said, to in-
stitute a replanting program later in the year.
* * * * *
Mr. Di.al read a wire received fran Senators Allott and Dani.nick regarding the
Greenbelt project, which said essentially:
The Department of Housing and Urban Developnent and the
Bureau of Outdoor Recreation of the Interior Department
recently informed me of your receipt of two grants: a
$139,900 Open Space grant for land acquisition and park
devel.opnent, and a $3,571 grant-in-aid for additional
developnent of Bates-Logan Park.
Mr. Dial read a wire received fran Senators Allott and Dominick regarding the
Workable Progran, to wit:
Hmorable Miltm Senti
Mayor, City of Englewood
The Department of Housing and Urban Developnent inforll8 us that
you have a certificatim for a Workable Program, a prerequisite
to federal assistance for urban renewal FHA incurred housing
urxier Sectim 220 in urban renewal areas.
It appeared, he said, that approval of the \brkable Program was contingent up<n
the Council revising the plunbing code. He handed out copies of a mellklrandun fran the Director
of CO'nni.nity Developnent regarding the necessary changes. In effect, he said, when the Council
originally adopted the pluri>ing code, it adoped the Unifcrm Pluri>ing Code with certain excep-
tions. The Department of Housing and Urban Developnent, he said, was requiring the City to
adopt the code in full without tmking any exceptions to it.
* * * * *
Mr. Di.al explained that it would be necessary for the Comcil to adopt a
resolutioo stating its land acquisitm policy in order to receive any funds from the water and
s~ facilities grant program.
REs:>urrIW t«>. 25, ~ OF 1972
RES>WrIW STATn«; 'IHE LA.ND A£llUISITI~ PCLICY FUR AIL LA.ND A£llU!SlTIWS PURSUANI' 'ID 'lllE WATER
NI> ~ FACILITIES GRANl' PK>GRAM OF 'IHE IDJSlt«1 AND URBAN DEVELOIMENl' ACr OF 1965.
(Copied in full in the official Resolution Book).
403
404
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~ HEHml; MJVED, ~ClllfAN BlUti SECXIIDED, '1HAT REOOumrn NO. 25'
SERIF.s OF 1972, BE APPlllVED AND AOOPI'ED. Up<n the call of the roll, the vote resulted as
follaws:
Ayes: Council Meni>ers Schwab, Henning, Dhority, Brown, Blessing, Senti.
Nays: Nme.
Absent: r.ouncil Meui>er Lay.
The Mayor declared the llk>tim carried.
* * * * *
City Manager Dial reported that recently two custodians voluntarily left the
enploy of the City. This was a propitious time he said for the City to explore the possibility
of contracting for part of its custodial services. In effect, we are going to merge the
regular full-time staff at a redJced level with a contractual service. All costs relating to
enploying the two custodians 'WO\ll.d BIOOUtlt to approximately $15,000 annually whereas the low
bid for janitorial services was $10 ,400 and had been awarded to a Littletm firm.
* * * * *
Mr. Dial reported that Mr. O. D. Linderink, owner of Englewood-Littletcn
Rubbish Removal, repot ted that his firm and several others in the area merged with a Chicago
firm and do business as Colorado Disposal, Inc., subject to PUC approval. Mr. Dial also
indicated that the firm would acquire the Herbertsm pay dulp. He did, however, rote that
Mr. Linderink said that he and his brother would contirwe to run the local operatim. Mr.
Linderink would like to have a meeting with the City to discuss certain route changes, the
use of plastic bags, and other matters.
City Attorney Berardini stated that at the request of Mr. Dial, he had ccntacted
Mr. Ford of the Public Service Coopany who stated that the purpose of the hearing on May 10 was
only to hear questims as to whether there wou1d be an undesirable control of the operatioo
should the acquisitioo by the Cllicago firm be allowed.
Councilman Schwab said that the City Council should go on record at the hearing,
stating the City's concern with the possibility of llOlOpolistic control of rates.
r.ouncilman Schwab suggested that the City Manager ccntact other cities in the
area to see if there was enough concern to present a united case before the Public Utilities
Conmi.ssial. It was determined that a meeting should be held with Mr. Ll.nderink before the
10th and Councilman Blessing agreed to accoopany the nanager at such a meeting.
* * * * *
Mrs. Barbara Holloway, 319 West Radcliffe, was recognized by the Mayor. She
stated that she was a dog hobby breeder and that she had come to the Council meeting to hear
the discussion m the animal control ordinance.
* * * * *
~CI1.MAN SCllWAB MJVED, ~Cil.MAN BlUti SECDIDED, '1HAT 'lHE BIIL FOR AN ORDI-
NANCE REPF.ALn«; AND ~ SECITrn 7, alAPlER 7' TI'llE XI, '69 E.M.C., ENl'ITLED oa-mSES
REI..ATilE 'ID K>~ BY DEFINIR; AND PIOllBITING 'lHE PKKJl'lefi OF O~TY, PK>MJI'Itl; 'lHE SAME
TO MIH>RS AND PlOUBITING 'lHE PUBLIC DISPlAY OF OBSll£ K\TERIAL, WI'lHIN 'lHE CITY OF ENGLE\tD)D,
CX>IDRAOO BE RAISED Fl01 'lHE TABIB. Upcn the call of the roll, the vote resulted as follows:
Ayes :
Nays:
Absent :
Council Meni>ers Schwab, Brown, Senti.
Council Meni>ers Heming, Ihority, Blessing.
Council Meni>er Lay.
The Mayor declared the m:>tioo failed.
* * * * *
Councilman Brown iI¥1uired of the City Manager if he were studying the problem
o f parking for Library patrons oorth of City Hall. City Manager Dial anwereed that he was.
* * * * *
Councilman Brown reported that he had received a call from a lady who was con-
cerned that there was no bus service east of Broadway.
* * * * *
Councilman Blessing asked the City Manager W8t was being dme with regard to
the golf course. City Manager Dial reported that the appraisers were still working on it
and should have a report in ten days.
* * * * *
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~ SCliWAB KJVED, Cll.6CIU1AN BTESSIR; SECXIIDED, 'IHAT 'l1IE MEETING
BE AJCXJltiED. Upon a call of the roll, the vote resulted as follows:
Ayes : r.ouncil Melrbers Schwab, Heming, Dhority, Brown, Blessing, Senti.
Nays: Nme.
Absent: Council Meni>ex" Lay.
'llle Mayor declared the or:>tion carried, and the meeting adj~ed at 11:43 P.M.
/S/ W. L. McDivitt
Ex Officio Clerk of the Council
405