HomeMy WebLinkAbout1972-11-06 (Regular) Meeting Minutes508
OOUNCIL OIAMBERS
CI'IY OF E?G.FHX)D, CX>LORAOO
~ 6. 1972
Rm.JU\R~:
The City Co\lllCil of the City of Englewood, Arapahoe County. Colorado met in
regular session on Noveni:>er 6, 1972 at 8:08 P.M.
Mayor Senti, presiding, called the meeting to order.
The invocation was given by Rev. Helen Walker of the Esoteric Truth Center.
The Pledge of Allegiance was led by City Manager Stanley Dial.
The Mayor asked for roll call. Upcn the call of the roll, the following were
present:
Council Meni>ers SclMab, Heming, Ihority, Brown, Blessing, Senti.
Absent: Council Meni>er Lay.
The Mayor declared a quorun present.
Also present were: City Manager Dial
City Attorney Berardini
Director of Finance Nollenberger
* * * * *
CXXH;II.&N IK>RTIY MJVED AND ~CD.MAN SOlWAB SECDIDED A MJl'IOO '!HAT 'lllE
MIWI'F.S OF DIE REGJLAR MEE'I'Il{; OF ocroBER 16, 1972 BE APPK>VED AS RF.AD. Upcn the call of the
roll, the vote resulted as follows:
Ayes: Co\lllCil Meni>ers Schwab, Heming, Ihority. Brown, Blessing, Senti.
Nays: Ncne.
Absent: Council Meni:>er Lay.
'lhe Mayor declared the mtioo carried.
* * * * *
~CII.&N BTFSS!tl; MJVED AND ClXJNCII.&N BlOti SECDIDED A MJl'IOO 1HAT 'lllE
MINUTES OF 1HE SPECIAL MEETUI; OF ocroBER 23. 1972 BE APPK>VED AS RF.AD. Upcn the call of the
roll, the vote resulted as follows:
Ayes: Council Menbers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays: Ncne.
Absent: Council MenDer Lay.
'lhe Mayor declared the mtioo carried.
* * * * *
Mayor Senti recognized the following people from the list of Special Citizen
Progran Invitees:
Mrs. Dred D. Seymour, 3033 So. Lincoln St., Precinct No. 3.
Mr. Walter C. Shelden, 900 East Anherst Ave •• Precinct No. 5.
Mr. Sheldoo wished the Council the best of blessing.
* * * * *
'lhree lllE!Ii:>ers of the Charrber of Comnerce appeared before the Council in regard
to the Christmas lighting and parade. Mr. Glen Kunbelic appeared before Council stating that
the total Christmas decoratioo contract this year was in the axoount of $6,280. 'lhe City of
Englewood's participation last year was $2,500 and the <lumber requested the same contribution
this year.
Mr. Grady Franklin Maples appeared before Council in regard to the Chanber of
Coomerce holiday parade. He stated that the holiday parade had been in effect for the last
bi> years and that cash prizes are being offered to bands in order to develop interest. '!here
will also be 7-10 floats entered in the parade. '!he judging will be done by highly coopetent
indiviciials selected with the aid of the Englewood High School band director. $725 will be
needed for band prizes and judges. $1, 125 will be needed for float prizes and judges. He
stated that the Chait>er of Q:mnerce was requesting $1,850 fran the City to defray these costs.
Councibnan Blessing irquired as to how the bands had been contacted. Mr. Maples
replied that letters had been sent out requesting participation to a large surrounding area.
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Councilman Blessing inquired as to where the $7,000 raised by Cinderella City
merchants '-ilOuld be used. Mr. Maples replied that it 'WOul.d be used in the prom:>ticn of the
p arade.
Councilwanan Heming, noting that Noverber 11th was the parade date, asked
whether praootioo for the parade had yet been started. Mr. Maples replied in the affirmative.
Council.womm Heming questicned whether it was not unfair to have already announced the prizes
f or the parade "wllen the Clul1Der of Conmerce obviously expected the City Council to pay for
then. Mr. Maples ackoowledged that the Chani>er of CDmnerce '-ilOuld be hurting if the City did
not contribute at this time.
Councilman Dhority stated that he was syopathetic to the cause, but could not
understand why the CllaJDer was making such a late presentaticn. Mr. Maples stated that his
colleagues were procrastinators and were optimistic that the Council 'WOul.d come to their
rescue. Councilman Dhority stated that the taxpayers might inquire as to why the City was
distriblting funds in this manner. Mr. Pete Petersm of the Oumber of c.omnerce stated that
the CluDi>er had received no funds fran I<W;N for the first time this year. ~ that refusal
cane in October , the CllaJDer started satE scrani>ling for funds in order to retain the parade.
Mr. Maples stated that the merchants had respaided less than normal due to
having been just previously hit for Christmas lighting.
Councilman Sclwlb stated that he was disappointed that the Council had not had
previous informaticn. He also stated the Noverber 11 seemed to be rushing the Christmas seasm
j ust a bit. He felt that the Council needed IOOre time to study the questioo.
Councilman Brown stated that he felt that the parade was a fine functicn and
'-ilOrthy of City consideratim. Councilwanan Henning stated that Councilman Schwab seemed to
feel a coopranise was in order and she agreed that the $725 aioount to be paid to the band en-
tries should be picked up by the City.
Mr. Petersm stated that the parade was held early in Noverrber in order to get
bands which gp into concert seasm soon thereafter.
Mayor Senti stated that he appreciated the Chani>er of Conmerce coming to the
mee ting.
* * * * *
The minutes o f the Electicn Conmissicn meeting of October 17, 1972 were received
f or the record.
* * * * *
A mem:>ranc:h.m f ran the Assistant Director of Parks and Recreaticn reporting on
his recent attendance at the Natiooal Recreaticn and Park Congress in Anaheim, California,
October 1-6, 1972 was received for the record.
* * * * *
Amem:>rancbn f rc:m the Police Cllief reporting oo his attendance at the Intema-
tialal Associatioo of Chiefs of Police Conference in Salt Lake City October 12-21, 1972 was
received for the record.
* * * * *
Amem:>rancbn fran Detective Medford reporting on his attendance at the
Intematiooal Associatioo of Auto Theft Investigators Seminar in Tallahassee, Florida, July
3 1-August 4, 1972 was received for the record.
* * * * *
A mem:>ranc:h.m f ran Lieutenant Leon Mull reporting on his attendance at the F.B.I.
Academy Seminar at Quantico, Virginia, Jtme 26 through Septenber 15, 1972 was received for the
record.
* * * * *
Minutes o f the Water and Sewer Board meeting of October 17, 1972 were received
for the record.
* * * * *
Minutes o f the Planning and Zoning Conmissioo special meeting of Septerrber 26,
1972 were received f or the record.
* * * * *
Minutes o f the Planning and Zoning Conmissioo regular meeting of October 17,
1972 were received for the record.
* * * * *
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The Plarming and Zoning Conmission Findings regarding Brinkhoff rezoning
were received for the record.
* * * * *
Q:runcilman Schwab stated that he felt in the future we could skip over the
reading of the ''No Action Required" items tml.ess any council menber had questions.
* * * * *
City Manager Dial began a discussion of a ueooranch.m from the Director of
Finance recomeding the award of a bid for certain autonBted operating equipnent. He stated
that Mr. Willi.an Van Sc00oneveld and Mr. Stu Melvin were present in the audience, along with
Director of Finance Karl Nollenberger. Mr. Melvin is very kn:Jwledgable in the hardware
business and has been instrunental in consulting with the Finance Department in the final
selecti.al of this equipnent. He stated that the Litton Industries bid did not conply with
specifications and that the NCR 500 had extremely high maintenance costs. The NCX 399 and
the Burrooghs 8000 bid were very close in total cost when maintenance and education costs
were figured in. 'The bid of the NCR 399 was recoomended at this time.
Councilman Schwab inquired whether any of the equipnent was of the used nature.
Director of Finance Karl Nollenberger replied in the negative, stating that used equipnent of
this type could not be used in the future for any type of terminal basis.
CXXfiC~ IH>Rl'IY MJVED AND Cll.JNCIU1AN BI ESSIK; SEcmDED A KJITOO TO AWARD '!HE
BID FOR CEUAIN AirnJ1ATED ~ TO '!HE NATICIW. CA5H REGISI'ER CXM>ANY FOR '!HEIR NCX 399
SYS'l»t IN '!HE AMXm OF $37 ,837. Upon the call of the roll, the vote resulted as follows:
Ayes: c.ouncil Merrbers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays : None.
Absent: Council Merrber Lay.
The Mayor declared the mtion carried.
* * * * *
Council received a ueoorandun from the Director of Finance recomnending the
award of a bid for OiK> signs to be placed on the new Police-Fire Center site. Mr. Dial stated
that the neoorand.Elwas quite clear as to the action.
Q:runcilwnen Henning inquired whether the sign was to be a neon sign and whether
the nane of the coopany was misleading. Mr. Dial replied that it was not to be a neon sign.
~ &HJAB MJVED AND CXXJNCilMAN IH>RI'IY SECDIDED A KJITOO TO AWARD '!HE
BID FOR 'M SICN> TO BE PLACED w nm Nt.1-l POLI<l:-FIRE CFNIER SITE TO ARI mm SI~ CXM>ANY
IN '!HE AKXm OF $1, 181. Upon the call of the roll, the vote resulted as follows:
Ayes: Council Merrbers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays: None.
Absent: c.amcil Merrber Lay.
The Mayor declared the mtion carried.
* * * * *
City Manager Dial began a discussion of a ueoorandun from Messrs. Olristy and
Dial, City Managers of Littleton and Engl~ respectively, recomnending euployment of
Hanifen, Inhoff and Samford Inc., as fiscal agents for the joint water treatment facilities
project. City Manager Dial stated that there were half dozen capable firms in the area and
that the City Managers and Directors of Finance had had a series of meetings concerning this
issue. Using the resunes of six firnE, they had selected those which stood out above the
others. Interviews with Get'wi.n and Coopany, and the finn of Hanifen, Inh>ff and Samford, Inc.,
were condlcted, along with the telephcne verification of references. 'lhe City of Lakewood,
aloog with the Englewood School System, and others, recomnended the firm of Hanifen, lniioff
and Sanford, Inc. very highly.
Council.man Sct&lab inquired what effect the water boards discussion under Martin-
Marietta had on this proposal. City Manager Dial replied that it had nooe.
Councilwon&l Henning irxluired whether the firm was also in the bond market.
City Manager Dial replied in the affinnative, stating that the same information on the bond
sale will be available to all firms bidding.
CllECilMAN BLESS~ MJVED AND ~CIUD1AN ~ SECXIIDFD A KJITOO TO EMPIDY
'lllE FIRM OF HANIFEN, DH>FF AND SAMFORD, INC. AS FISCAL .AGENTS FOR '!HE JOINI' WASTE WATER TREAT-
MENI' FACILITIES PRJJECI'. Upon the call of the roll, the vote resulted as follows:
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Ayes: Council Merrbers Schwab, Henning, Ihority, Brown, Blessing,
Senti.
Nays: Ncne.
Absent: Council Merrber Lay.
The Mayor declared the DDticn carried.
* * * * *
City Manager Dial began a discussicn of a mem>raruim from the Director of
Finance to the City Manager listing those establishnents wtt>se liquor licenses are subject
to renewal. Mr. Dial stated that before approving any questicnable renewal, it has been
the proceaJre of the Council to meet with the individJals involved. Chly those perscms
whose renewal the Council is questioning are called before the Council.
Councilman BrCMt stated that he \tlO\ll.d like the Studio Lounge to appear before
Cowcil. Councilwoman Herming questicned how long the Studio Lounge has had their license.
City Manager Dial stated that it was approximately ten years.
Council~ Herming inquired whether there has been any recent change in
managsnent. City Manager Dial stated that not to his knowledge.
Councilwooen Henning stated that she agreed with Mr. Borwn that a representa-
tive of the Studio Lounge should appear before the Council.
Councilman Blessing inquired into the policy of the Police "WOrking after hours.
City Manager Dial stated that the Police Chief has had a policy prohibiting police officers
fran working in establisllnents serving liquor and that probably this policy should remain en
a department head basis.
Cll.fiCIUD1AN HENNn«; MJVED AND CXXJNCII.MAN ~ SECXIIDED A Mn'IOO TO RmE."W
Ll<µ)R LICDS~ AS LISTED BElaJ:
Arnie's Lounge
Bar Harbor
Belleview Bowl
Casual Lounge
Olerrelyn Drug Store
Drug Fair
E-Z Liquors
Fngl.ewood Elks Lodge
Fnglewood Liquor Store
Fraternal Order of Eagles
GJ:M Liquors
Glass Bottle Liquors
Golden Fiddle
Gordo's
Halpden West
Hilda IS Cafe
Holly South
limgate's
Knights of Colunbus
Loyal Order of M:>ose
M-D Drug Store
Magnet Inn
Old Town Liquors
South Broa.<May Specialties
Supreme Liquors
Thorobred Liquors
V.F.W.
Zuider Zee Oyster Bar and Restaurant
Upm the call of the roll, the vote resulted as follows:
Ayes: Council Merrbers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays: Ncne.
Absent: Council Merrber Lay.
The Mayor declared the DDticn carried.
* * * * *
City Manager Dial began a discussicn of a letter from Mr. Jolm Fergusen, Assist-
ant Superintendent of Englewood Public Schools and Miss Harriet wte, Director of Libraries,
requesting approval of the cooperative project between the schools and the public library to
establish Instructiooal Media Centers as connunity centers for adllts and children.
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Mr. Dial stated that the problem had not been reviewed by the Library Board
so the Coulcil should lay it over for awhile. The idea would be to use the schools as media
centers in a joint project.
* * * * *
City Manager Dial began a discussion of a recomnendation from the Chairman of
the Water and Sewer Board recomnending approval of Supplement No. 1 to Greenbelt Sanitation
District. He stated that it 'WOUl.d add several small areas to the districts, am:runting to
three small tracts of 15 acres total.
Ayes:
Nays:
Absent:
Council Metrbers Scl"Mab, Henning, Ihority, Bre7wn, Blessing, Senti.
Nate.
Council Merrber Lay.
The Mayor declared the mtion carried.
* * * * *
City Manager Dial began a discussion of a recoomendatioo from the Chairman of
the Water and Sewer Board recomnending approval of c.onnector's Agreement with Cllerryvale
Sanitati.al District. He stated that it enconpassed the Cllerryvale district and a conpani.on
agreement. Total area is 60 acres including 38 inproved and 18 uninproved sites. The bulk
of the area in <llerry Hills.
CDH;~ IH>Rl'IY MJVED AND CXXJNCiafAN BI FSSIK; SECXIIDED A Mn'IW TO APPR>VE
ClltiECIDR'S ltGRF»En' WI'lR UiERRYVAIE SANITATIW DISTRICT. Upcn the call of the roll, the
vote resulted as follows:
Ayes: Council Merrbers Schwab, Henning, I:hority, Bre7wn, Blessing, Senti.
Nays: Nale.
Absent: Council Ment>er Lay.
The Mayor declared the mtion carried.
* * * * *
City Manager Dial began a discussion of a ummandttn from the Public \.brks
Director dated October 30, 1972 regarding the recomnended one-way pattern for certain alleys.
He stated that the staff had suggested previously that we nake sane alleys ooe-way. The
traffic volunes and accidents are minimal in the alleys involved. Traffic counts in the three
alleys downtown were in the 500' s. The alley behind A & A Trading Post has a traffic count
of over 1,000 per day. He felt that this alley at least should be made into a cne-way alley.
Ciouncilman Dhority questioned whether the alley should go to cne-way as oo
accidents had been reported. Mayor Senti stated that there was nuch suggesticn in these
alleys and the idea had nuch merit.
Councilman Scl&Jab stated that it was very beneficial to be able to go either
directioo off of the A & A parking lot due to the congestioo. Councilman Blessing stated that
since you canoot go north en Broadway, to make the alley cne-way rorth would be very benefi-
cial.
Councilwonen Henning inquired as to the origin of the original recomnendatioos.
City Manager Dial stated that the Director of Public Works, Kells Waggener, conceived the idea.
Councilman SclMab stated that the City was <bing 8J118Y with cne-way streets and
going to one-way alleys.
CDWCIUD1AN ~ M>VED AND <DUNC~ BIESSIK; SECXIIDED A Mn'IW TO APPR>VE
'lllE OOE-WAY All.E'iS IN 'llfE 4500 BUXX OF SOU'lli BROAiltlAY AND 'llfE 1400 BIDCK OF SOU'lH BOAIJ.lAY.
Upon the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Merrbers Henning, Brown, Blessing, Senti.
Council Metrbers Schwab, Illority.
c.ouncil Merrber Lay.
The Mayor declared the TIDtion carried.
* * * * *
City Attorney Berardini presented an ordinance to the Council for final reading
establishing the mi.l levy for 1973. City Manager Dial stated that the property tax as a per-
centage of average income in the metro area is the lowest in Englewood. The F.nglewood percent-
age is 2.5% of which the schools utilize 2.lio•
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mI'Rlllll:D AS A BIIL BY CXXJNCIIMAN SCllWAB.
BY Al11ll>Rl'IY
ORDINANCE 00. 30, SERIES OF 1972
AN ORD!NANC}; FIXIl{; 'lllE TAX WJY IN MILS UPW EA£ll OOILAR OF nm ASSESSED VAUJATIOO OF AIL
TAXABl.E PR>PEKIY WlnnN 'llIE CI'IY OF ElGEWDD, 001..0RAOO, FOR 'llIE YEAR 1973.
(C.Opied in full in the official Ordinance Book) •
CXXH;IIMAN SOIWAB MJVED AND CXXJNCII.MAN BIOti SECDIDED A MJI'IOO 'ID AOOPI
ORDINANCE 00. 30, SERIES OF 1972. Upcn the call of the roll, the vote resulted as follows:
Ayes: Council Meni>ers SclMab, Henning, Brawn, Blessing, Senti, Ihority.
Nays: None.
Absent: Council Meni>er Lay.
The Mayor declared the mtial carried.
* * * * *
City Attorney Berardini introduced an Ordinance for final reading permitting
laigevity pay to be granted to retiring enployees without approval of the Board of Career
Service c.omnissioners. He stated that the Bill was introduced al October 16th which would
allow payment to be rm.de pro rata to the time the enployee terminates.
Councilwoman Henning stated that the Ordinance stated retirement and questialed
whether Mr. Berardini meant termi.natioo. City Attorney Berardini replied that terminatioo was
the proper ~rding.
I.NTlUllE) AS A BIIL BY ClXJNCllMAN IH>Rl'IY.
BY Al11HJRl'IY
ORDINANffi 00. 31, 8ERlF.S OF 1972
AN ORDINANCE NEIDIK; SECTIOO 11, CllAP'1ER 6, TITIE V OF 'llIE 1969 E.M.C. ENITTLED ''LCH;EVITY
CXH>ENSATIOO'' BY~ nm ~RMNI' OF APPl:()VAL BY nm OOARD OF CAREER SERVICl: CXH1IS-
SIOOERS 'ID SEaJRE UH;EVI'IY UH>mSATIOO BY at>LOYIBS UPW TERMINATIOO.
(Copied in full in the Official Ordinance Book) •
cnH;IUDtAN ~ MJVED AND ~Gii.MAN IH>Rl'IY SECDIDED A MJI'IOO 'ID AMmD
'lllE ORDINANCL 'ID SUBSITIUl'E 'lllE \tDRD TERMINATIOO FOR RETIREMNI'. Upm the call of the roll,
the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Merrbers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Ncne.
Council Meni>er Lay.
The Mayor declared the IIDtion carried.
W,H;IIMAN IH>Rl'IY M>VED AND CDJNCII.MAN SCliWAB SECDIDED A MJI'IOO 'ID PASS
ORDINANCE 00. 31, Cfi FINAL READIK;. Upcn the call of the roll, the vote resulted as follows:
Ayes: Council Merrbers Schwab, Henning, Ihority, Brawn, Blessing, Senti.
Nays: Ncne.
Absent: Council Meni>er Lay.
The Mayor declared the mtion carried.
* * * * *
City Attorney Berardini began a discussion of a Bill regarding sick leave con-
versioo upcn retirement. He stated that the Bill had been laid over at a previous meeting for
informatioo al the cost of the Bill. City Manager Dial stated that tw men retired since sick
leave conversial \oJellt into effect and that changing the Bill to make it retroactive ~uld add
approximately $1,300 cost to the City.
Councilwoman Henning inquired whether we were considering this as a negotiable
itan. City Manager Dial replied in the negative.
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I.Nra)IlJCED AS A BILL BY ax.JNCll.MAN SCHWAB
A BIIL FOR
AN ORDINANQ: .AMENDil{; SECI'IOO 6, CliAPTER 4, TITLE V OF 1HE 1969 E.M.C. ENl'ITl.ED "SICl<. I.EAVE;
AalWAL; QUALIFICATIOOS" BY RE-DEF!Nll{; AND ~ 'DIE 1ERM ''RErIRDEn'" AS USED 'DIEREIN.
a::mcII.MAN SCllWAB M>VED AND CDUNCII.MAN BIFS$Il{; SEcnmED A KJl'lOO 'ID P~ 00
FIR.':>'T RF.ADIN; A BIIL FOR AN ORDINANCE .AMENDil{; SECI'ICE 6, CliAPl'ER 4, TITLE V OF 1llE 1969 E .M.C.
ENIT1LED "SICK I.EAVE, AalWAL; QUALIFICATIOOS" BY RE-DEFINn«; AND~ 1HE TERM "RETIR-
Mml"' AS USED 'lliEREIN. Upcn the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Merrbers Schwab, Heming, Ihority, Br<Ml, Blessing, Senti.
Nale.
Council Merrber Lay.
'lhe Mayor declared the mtion carried.
cnH;ILMAN IH>RI'IY M>VED AND CDUNCII.MAN SCllWAB SECX'tIDED A KJl'lOO 'ID M\KE 1HE
ORDilWO: RETRlACTIVE 'ID JAWARY 1, 1972.
City Attomey Berardini stated that the Ordinance should be made to apply to
the tw people involved, but not try to make the Ordinance retroactive. Councilman Ibority
retracted his mtion at Councilman Schwab's consent.
~CIU1AN IH>RI'IY KNED AND ClX.JNCII.MAN SCliWAB SECXIIDED A KJl'lOO 'ID M\KE
ORDINANCE ti>. 31 APPUCABLE 'ID t-R. CUFF <XtJENS AND MR. UD HIIL. Upcn the call of the roll,
the vote r ,esulted as follows:
Ayes: Council Menbers Schwab, Henning, Ihority, Br<Ml, Blessing, Senti.
Nays: Nale.
Absent: Council MenDer Lay.
'lhe Mayor declared the mtion carried.
* * * * *
City Attomey Berardini began a discussion on a Bill for an Ordinance establish-
ing the salaries for the menbers of the Board of Adjustment and Appeals and the Planning and
Zoning Coomissi.al. He stated that this change had been recoumended by the sub-comnittee of
the Council last August. Because the Planning and Zoning Conmission was not mentiooed in City
ordinance, but was set up by City Cllarter, the zoning ordinance of the City was the only place
left to DBke a change of this sort.
CDuncil.womm Heming inquired whether any other Board was to be conpenstated.
Councilman Ihority replied that the Career Service Board was already at the proposed level.
CXXH;~ HE2tiIN:; KNED AND axJNCll.MAN ~ SECXIIDED A KJl'lOO 'niAT 1HE
ORDINANQ: BE REFERRED 'ID 1HE ~ AND zcmR:; CDMISSIOO FOR PR>PER ACI'IOO SINCE ORIGINAL
ACTIOO oo ~ ORDINANa: QWQ'..S MJsr BEGIN wrm '!HAT BODY. Upcn the call of the roll, the
vote resulted as follows:
Ayes:
Nays:
Absent:
Council Merrbers Scl'Mab, Heming, Ihority, Br<Ml, Blessing, Senti.
Nale.
Council Merrber Lay.
'llle Mayor declared the rrDtion carried.
* * * * *
City Attorney Berardini began a discussion of a Bill for an Ordinance prohibit-
ing the sale and use of fireworks within the City limits. He stated that the Fire Chief had
asked for a total ban on fireworks in the City. 'lhe Council instructed the City Attomey to
draw up an ordinance which ~d ban fireworks. 'lhe manufacture, distribution and sale of
fireworks ~uld henceforth be banned. A fireworks display could be licensed upai proper bond-
ing.
Council~ Heming inquired whether the ordinance restricted fireworks to any
certain day of the year. City Attomey Berardini replied that the ordinance did not restrict
it to one particular day, only to 30-days notice.
INJ."R)ll£ED AS A BIIL BY axJNC~ BLESSU«;.
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A BIIL FOR
AN ORDINANCE ~ QiAPIER 4, AKI'ICIE 2 OF DIE 1969 E .M.C. , REEANACrn«:; DIE SAME WI'IH
~ PlUIIBI~ 'IHE ~ACTURE, SAIE USE MID/OR POOSESSIOO OF FIRE\tDRKS AS DEFINED
HEREIN, MID PIOJID!t{; FOR 'IHE REGUI.ATIOO MID LI~Ill; OF PUBLIC OR PRIVATE DISPLAYS 'IHERIDF.
CD.tiCII.MAN BLE.5Sll{; KJVED AND CDUNCIUD1AN HENNil{; SECllIDED A BIIL FOR A OR-
DllWll REP&\l.JXi ClfAP'IBR 4, AKI'lCIB 2 OF 'IHE 1969 E .M.C., DEALil{; WI'lli PlUUB!Til{; OF FIRE-
\tDRKS. Upcn the call of the roll, the vote resulted as follows:
Ayes : Council Merrbers SclMab, Henning, Ihority, Brown, Blessing, Senti.
Nays: None.
Absent : Council Merrber Lay.
The Mayor declared the JOOtion carried.
* * * * *
City Attomey Berardini introduced a Resolution urging the Arapahoe County
Cannissi.ooers to adopt appropriate legislation to ban the sale and use of fireworks with
Arapahoe County. He stated that this is in the same vein as the previous ordinance encouraging
the County to cooperate in the ban.
RESOWITOO ti>. 53, SERIES OF 1972
A RESOWITOO Ul(;Ill; DIE CXXJN1Y CXIMISSIOOERS OF ARAPAlDE CXXJNIY, OOLORAOO 'IO PA5S APPK>PRIATE
Lffi!SI.ATIOO Pl:OiIBl'fll{; DIE SAIB, USE AND POSSF.SSIOO OF AIL FIRE\.DRKS EXCEPr FOR PK>PERLY
LI~ED AND mFORraD PUBUC DISPIAYS.
(Copied in full the the Official Resolution Book).
™™ BTFSS~ K1JED AND CXXJNCIUD1AN HEHUR; SECXNDED A Km:OO 'IO APPK>VE
~wrroo t«>. 53, SERIES OF 1972. Upcn the call of the roll, the vote resulted as follows:
Ayes: Council Melrbers Scl"&lab, Heming, rllority, Brown, Blessing, Senti.
Nays: None.
Absent: Council Merrber Lay.
The Mayor declared the JOOtion carried.
* * * * *
City Attorney Berardini introduced a Resolution authorizing the City Attorney
to initiate proceedings against certain property within the Northwest Greenbelt area. He
stated that the Council had authorized purchase of tracts of land within the Northwest Green-
belt area. To date, all have been purchased except the seven parcels noted in the resolution
in which negotiation has failed.
Councihunan Henning inquired as to how far apart the City and the owners are
in the purchase prices. Mr. Berardini replied that in at least one case, the owner refused
to sell at all , and in the other case, there was a considerable difference in the tw:> figures.
Councihunan Henning requested that the City Attorney outline the steps in the
ccndamation proceedings. Mr. Berardini replied that initially the City determines that it
is necessary to purchase, after which time ""1e hire tw:> appraisers to make appraisals. The
Ci ty then ccntacts the owners and offers the average of the tw:> appraisals and show the indi-
vidJals the appraisals. The City can negotiate to the average of the tw:> plus 10% if it does
not exceed the higher of the tw:> appraisals. If the owner still refuses to sell, we appear
before Council and inf0I1D them that negotiations have failed.
Councilman Dhority asked whether the owner can get their own appraisals. City
Attorney Berardini replied in the affinnative, and stated that plenty of time had been provided
f or that provision. The resolution, such as the one en the agenda tcnight is a petiticn to
condemati.m and in this case the City will petiticn for inmediate possessicn which means that
the highest appraisal dollar aroount nust be filed with the court.
RESOWITOO 00. 54, SERIES OF 1972
A RESOWITOO AJJlll)RIZn«:; PEI'ITIOO BY '!HE CITI ATIDRNEY 'ID cmDElofi FOR DRAINAGE WAY AND FUX)D
DEllNl'IW ~. HARVARD GUWI, WI'IBIN 'IHE CI'IY OF ElGEWX>D AND Al11BJRIZIR; FINDJN:; 'DIEREDF.
(Copied in full in the official Resoluticn Book).
~ IH>Rl'lY MJVED MID CXXNCII.MAN BT F.SSJN:; SECmDED A MJI'IOO '10 APPR>VE
RES>llJrIOO ti>. 54, SERIES OF 1972. Upcn the call of the roll, the vote resulted as follows:
Ayes:
Nays :
Absent:
Council Merrbers SclMab, Heming, Ihority, Brown, Blessing, Senti.
Ncne.
C.ouncil Merrber Lay.
The Mayor declared the JOOticn carried.
* * * * *
515
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City Attorney Berardini bagan a discussial regarding the application of a
3 .2 beer license for 7-11 Grocery, 1277 East Hanpden Avenue. He stated the Council had held
a Public Hearing al October 16th in regard to this matter.
Councilman Schwab stated that he felt it was unfortunate that the City received
a l l these applications fran the 7-11 grocery chain and that we were overruled in the Miller's
Super Market case by the Supreme Court.
Councilman Illority stated that he did not feel that the City had the legal
right to deny this since the need had been dE!llDlStrated.
REOOWITW 00. SS, SERIES OF 1972
A RE&>lJJITW GNANl'lll; 1HE APPUCATIOO OF 1HE SOl1lliLAND OORPORATIOO dba SEVEN-El.E.Vm SIDRES FOR
A 3 .2 PERaNr FERMENIED MALT BEVERAGE UraNSE (~ FOR CXfiSlWITW OFF 1HE PREMISES OF 1HE
LICDSEE) 1U BE LOCATED AT 1277 EASI' HAMPDEN, ENGIEWX>D, CX>LORAOO.
(Copied in full in the official Resolutial Book) •
OOWCII.1"1AN IH>RIT'i MJVED AND CD.JNCIU1AN BIFSS~ SEcmDED A MJl'IOO 1U APPR>VE
RFSlUTITOO ?«>. 55. Upon the call of the roll, the vote resulted as follows:
Ayes: Council Menbers Heming, Illority, Blessing, Senti.
Nays : Council Menbers Schwab, Brown.
Absent: Council Menber Lay.
The Mayor declared the IIDtion carried.
* * * * *
City Attorney Berardini introduced a resolutial regarding application for a
package liquor license to WoOOnan Drug, 3395 So. Broac:May. Mr. Berardini stated the Public
Hearing was held al October 16th at which time Mr. WoOOnan had been proven of good character.
Petitions had been circulated in the area.
Cowci1man s~ noted at this time that previous questioo and the current ale
had not been rE!OOVed fran the table.
Cll.fiCIU1AN IH>RIT'i MJVED AND CllJNCIU1AN BI FS)IR; ~ A MJl'IOO 'ID RF.MlVE 1HE
APPUCATIW OF A 3.2 BEER UCEN: FOR 1HE 7-11 SIDRE, 1277 EASI' HAMPDEN Fl01Fl011HE TABLE.
Upon the call of the roll, the vote resulted as follows:
Ayes : Council Menbers Sct&iab, Henning, Ihority, Brown, Blessing, Senti.
Nays: None.
Absent : Council Menber Lay.
'Ihe Mayor declared the IIDtial carried.
REOOWITOO 00. SS, SERIES OF 1972
A RFSJWITW GRANnR; 1HE APPUCATIOO OF 1HE SOl1lliLAND CDRPORATIOO dba SEVEN-ELEVEN SIDRES FOR
A 3 .2 PERCnfr FERMENIED MALT BEVERAGE U~E (SAIES FOR CXfiSlWITOO OFF 1HE PREMISES OF 1HE
Llcm<iEE) 'ID BE LOCATED AT 1277 EASl' HAK>Df.N, ENGIEWX>D, CX>LORAOO.
(Copied in full in the official Resolution Book).
CXXJNCII.1"1AN IH>RIT'i MJVED AND ™11.MAN BI ESSn«; ~ A MJl'IOO 'ID APPR>VE
REOOWITW 00. SS. Upcn the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent :
Council Menbers Heming, Illority, Blessing, Senti.
Council Menbers Schwab, Brown.
Council Menber Lay.
The Mayor declared the IIDtial carried.
* * * * *
™11.MAN IH>RIT'i MJVED AND CD.fiCIU1AN SCllWAB SECXIIDED A MJl'lOO 'ID RF.MlVE FRCM
niE TABl.E AN APPUCATIW FOR A PACl<AGE U<µ)R UCENSE ro WDD1AN DRm. Upcn the call of the
r oll, the vote resulted as follows:
Ayes : Council Menbers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays: Ncne.
Absent : Council Menber Lay.
The Mayor declared the IIDtial carried.
* * * * *
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City Attorney Berardini stated that a petition opposing the issuance was
also presented. The Engl~ Liquor Store is 200-300 feet fran the \.bodnarl Drug locatial
and there are also three other liquor stores very nearby.
REOOUTITOO 00. 56, SERIBS OF 1972
A RF.s:>WITW DENYIRi 'lllE APPUCATIOO OF lUi C. WX>IMAN dba WX>IMAN ORI.I; R>R A Ucµ)R UCDSED
DRU; SIDRE 'ID BE LOCATED AT 3395 SOUlll BROAilJAY, E1GE\mD, OOIDRAOO.
(Copied in full in the official Resolution Book) •
~ ~ M>VED AND ~CIIMAN IH>RITY ~ A Mn'IW 'ID APPK>VE
RF.s:>WITW R:>. 56, SERIF.s OF 1972. Upcn the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Merrbers Schwab, Dhority, Brown, Senti.
Council Merrbers Heming, Blessing.
Council Merrber Lay.
The Mayor declared the llDtion carried.
* * * * *
City Manager Dial began a discussion of a resolution requesting that an organi-
zation conmi.ssion be naned to establish an Urban Service Authority pursuant to State Constitu-
ti.mal Amenanent No. 3 adopted in Noveni>er, 1970. He stated that DRCXX; is playing a leadership
role in the formation of a Regi.mal Service Authority. In this case, it would be called a
U.S .A. (Urban Service Authority). and would be established once a sufficient nurber of ~ils
in the metropolitan area request it. The services rendered by the U.S.A. would be determined
after formation.
Mr. Larry Borger of DRCXX; appeared before Council in relation to the U.S.A.
f ormation. He stated that the City of Arvada had passed a resolution that same evening and
that Sheridan has passed one recently requesting the formation of a U.S.A.
Mr. IMight Hefner, lntergoveulllBltal Relations Coodinator of the DRCXX; appeared
before Council in relation to the formation of the U.S.A. He stated that there were currently
over 200 small special ?JIPOSe districts in the Denver metro area. With the formation of a
U.S.A., the essence of local goveuanent would be retained. The formation had produced interest
in the past and hopefully will in the future.
Councilman Dhority IDted that the City of Littleton was excluded fran the forma-
tion of U.S.A. since they are outside the 4-co\.U'ltry area. Mr. Hefner conmented that it was
unfortunate \!Crding which restricted it to the 4-co\.U'ltry area. The wording was originally set
up to acconm.>date Broanfield and Brighton who might want to go to regiooal service authorities
outside the metropolitan area. These cities can annex to the Service Authority after its for-
ma tion.
Councilwoman Heming asked for clarification on a natter. If the Service
Authority taxes out a service already provided by an incorporated area, would the wlincorporat-
ed area be the only taxed entity for the service while a contract was written with an wlincor-
porated area to contimle to provide the service. Mr. Hefner stated that the Service Authority
would serve cnly the \.U'lincorporated area if the cities chose to retain the service.
City Attorney Berardini questioned 00w uuch tax would be levied on land in
Engl~. Mr. Hefner replied that cnly enough to pay for the services provided which would
result in no additi.cnal tax for the property owner, but rather replacement of cne source for
another.
Councilwoman Henning stated that the organization of the Authority was being
considered and not the definition of functions which were to be determined and subnitted to
the voters later.
REOOUTITOO 00. 57, SERIES OF 1972
A REOOWITOO ~ FORMf\TIOO OF AN URBAN SERVIffi Al1IllJRITY
(Copied in full in the official Resolution Book).
™IUD1AN ~ 1'0JED AND CXXJNCIIMAN BIF..58~ SECXIIDFD A Mn'IOO 'ID PA.58
RF.SlUTITOO 00. 57, SERIES OF 1972. Upcn the call of the roll, the vote resulted as follows:
Ayes : Council Merrbers Schwab, Henning, Illority, Brown, Blessing, Senti.
Nays: Nale.
Absmt : Council Merrber Lay.
The Mayor declared the llDtion carried.
* * * * *
517
518
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City Manager Dial began a discussioo of consideratioo of the possible
reassi.gnnent of the City Manager's and City Attorney's positions from the enployees retirement
plan to a retir<3Dellt plan developed by the Intematiooal City Management Associatioo. He
stated that the transfer ~d not cost the City any additiooal anDUnt of m:ney, but \tlO\lld
rather use the present contributions for the City Manager and City Attomey positi.al. He
stated that vesting is relatively slaw under the current City plan. l.hder the ICM\ plan, a
professional can carry the plan with him anywhere he goes. If the Council agreed, the actioo
~uld be to ask the City At tomey to draw up an ordinance asking for this change.
CXXH;Il.MAN IH>RIT'i KJVED AND CXXH;IlMAN SCHWAB SECXIIDED A Mn'IOO 10 ASK 'lllE
CIT'i ATIORNEY 10 DRAW UP AN ORDINANCE MNn«; 'IliE CI'IY ATIDRNEY AND CI'IY MANAGER POSITIOOS
our OF nlE CIT'i RETI~ PLAN AND INID 'IliE ICM\ PLAN. lJpal the call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent:
Councilman Meubers Scb..lab, Henning, Ihority, Br<Ml, Blessing, Senti.
Nale.
Council Merrber Lay.
The Mayor declared the rootioo carried.
* * * * *
City Manager Dial began a discussioo oo a proposed letter from the City Manager
to the Federal Conmmications Coomissioo urging that it delay an applicatioo for operatioo of
a cable televisioo system within the City. He stated that in 1967 Council passed an ordinance
which authorized tt>untain States Video to operate a CA1V in Englewood. In the last five years
better provisioos have developed across the natioo which are not included in our original or-
dinance.
Recently, the FCC opened up the nerket for CATV in Dmver. Soon thereafter,
the FOC received a request from 1-k>untain States Video to IOOVe ahead in the CATV process. The
Fa; wants our approval or disapproval of that developnent.
Councilman Blessing inquired as to why the franchise was not valid at this time
if it had been a valid ooe in 196 7. Mr. Dial stated that we were not well informed on what
we as the city could get <Alt the CATV back then. The City of Colorado Springs ~t approximate-
ly double our coapEnSatioo rate.
Council.wooen Henning inquired as to what can be done in tenm of revoking or
adjusting our franchise. City Attorney Berardini stated that a franchise can be revoked at
any time. Council.wooen Henning questicned whether there was a DDVe in the metro area for a
cooperative CA1V. City Manager Dial stated that it was highly desirable to have one firm in
the total metro area. A problem lies in that Denver has not IOOVed on this and they are the
key to cities of our size. They are currently using the Denver Research Institute to study
the problem. The City of Littleton has rooved ahead and granted a CATV franchise.
Council.womm Henning stated that by approving this letter we were serving
notice that we are reconsidering our franchise.
CDH;IIMAN SUiWAB MJVED AND Cll.tiCIIMAN IH)RITY SECDIDED A Mn'IOO 10 APPRJVE 11IE
MAII..n«; OF A IEITER 10 'IliE a:IEW. CDMJNICATIOOS CXH118SIOO OPPOOIR:; 'nlE CURRm'r GRANrIR; OF
A PERMIT TO Sl:."T UP A CATV SYSI»1. Upal the call of the roll, the vote resulted as follows:
Ayes: Council Merrbers Scb..lab Henning, Ihority, Br<Ml, Blessing, Senti.
Nays: Nale.
Absent: Council Merrber Lay.
The Mayor declared the rootion carried.
* * * * *
City Manager Dial stated that the staff had gotten an appraiser ready to make
appraisal in the 3400 block of So Acana St., as suggested by the Council in the past. However,
a building pennit had been issued and constructioo had begun oo the site in the recent week.
* * * * *
City Manager Dial stated that electioo resulted on Tuesday's electicn for
Amencknent No. 5 would be available at approximately 10.00 P.M. in City Hall.
* * * * *
CXXH;Il.MAN SCllilAB M>VED AND ~CilMAN IH)Rl'l'Y SECDIDED A Mn'IOO 10 AlJDl)RlZE
1llE FXPElIDI'n.JRE OF $2 . 500 TO nm ~D ClW1BER OF CXM1ERCE TO HELP PAY FOR anuSTMAS DE-
CX>RATICH). Upon the call of the roll, the vote resulted as follows:
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Ayes: Council Menb&s Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays: None.
Absent: Council Merrbers Lay.
The Mayor declared the m>tien carried.
* * * * *
Councilman SclMab stated that he objected sanewhat to the price tag en the
F.nglewxxl Cllrist:mas parade. He also objected to the lateness of the request for IIDley stating
that such poor planning does not deserve any credit.
Counci~ Henning felt similarly, stating that she did not understand how,
if Cinderella City had given $7 ,000 for pnm>tion, she had not seen any praootien to day.
~ of those funds should be available for prizes. All of the brochures en the parade state
that the prizes are given by the Engl~ Clla1i>er of Conmerce and yet they have requested
the City to pay for then.
Councilman Dhority stated that he expected the see the Cumber of Conmerce
before Council a loog time ago. He felt that perhaps they expected to receive the m:ney matter
o f factly since it was a relatively small moount.
Councilman Set.Jab stated that he could go along with $575 for band prizes,
but could not include the judges payment in his mind.
~C~ BIBSSm; K>VED 'ID cmTRIBUI'E $1, 850 'ID HELP SPWSOR 'lliE ElG..E\tD)D
PARADE. The died for lack of a second.
Councilman Brown stated that the Olarrber has already made conmit:ments even
though he did not agree that they deserved payment. City Manager Dial stated that the OlaDber
of Comnerce was cne of the few organizations who supported Council en the 3% sales tax a few
years back.
cnH;~ SQltlAB MlVED 'ID CXNrRIBl1I'E $575 'ID 'lliE CliAMBER FOR BAND PRIZF.s.
The DDtion died for a lack of a second.
(Auncil~ Henning stated that since the total aroount they were asking was
$1 ,850, the City should perhaps split the difference.
CXXH;~ ~ M>VED AND CXXJNC~ IH>RI'IY SEWIDED A Kn'Irn 'ID cmTRI-
BUTIOO $925 TO HELP SUPPORI' 'lliE ~D QilUSI'MAS PARADE. Upcn the call of the roll, the
vote resulted as follows:
Ayes :
Nays:
Absent:
Council Merrbers Henning, Dhority , Brown, Senti.
Council Menbers Schwab, Blessing.
Council Merrber Lay.
The Mayor declared the m>tion carried.
Councilwooen Henning questioned wh~ther there should be included in the m>tien
a sentence showing the Council's displeasure. Mayor Senti felt that it had already been dis-
played to the representatives of the Olani>er.
* * * * *
Mayor Senti recognized any previously unrecognized guests. Mrs. Dred Seyioour,
a Special Citizen Invitee, stated that she had enjoyed being at the Council meeting, and agreed
with Councilmm Sct.iab en the band payments.
* * * * *
Mayor Senti stated that he would like to see Council on record in favor of the
Planning and Zoning c.onmissien' s decision en the Larwin site.
Councilman Blessing stated that he also agreed. C.Ouncilman Dhority stated
that he was glad to see it finally approved.
Councilman Set.Jab stated that he felt the Council should delay since the
Planning and Zoning Coomissien had not given it to then officially yet. Since the Planning
and Zoning has not approved their minutes yet, he felt it should wait until after that. City
Manager Dial stated that the City was close to issuing the building permits en the site.
Councihlonen Henning stated that C.Ouncil' s endorsement at this time may head off any comtenr
plated neighborhood law suit. City Manager Dial stated that Attorney Criswell has been making
sane inquiries, possibly in order in inf0n11 clients of possible costs of litigation. The
endorsement of the Council at this time may deter then. C.Ouncilman Dhority stated that any-
thing we could do at this time may help.
519
520
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CXXK:IlMAN IlDRl'IY MJIJED AND CXXJNCIIMAN BI F.SSOO SECXmED A KJI'IOO 'DiAT nm
CI'IY c:nH;IL TAKE OOTE nnuGI DIE MINl1IES OF nm ~AND ZClm(; CXM'1ISSIOO t-EE'l'OOS OF
nlE GRFAT TIME, STUD'i AND EFFORI' 00 'lllE PARI OF 'lliE ~ CllMISSIOO AND OF 'lliEIR ACTIOO
REGARDIK; 'lllE LARWIN CDRPORATIOO SUBDIVISIOO WAIVER: AND 'DiAT 'lliE CXXJNCIL EXPRESSES ITS APPRE-
CIATIOO ro AND CXHl.JRRENrn wrm 'lllE DECISIOO OF 'lllE ~ CllMISSIOO. lJpal the call of the
roll, the vote resulted as follows:
Ayes: Council Meni>ers Schwab, Henning, Ihority, Brown, Blessing, Senti.
Nays: None.
Absent: Council Merct>er Lay.
The Mayor declared the m:>ticn carried.
* * * * *
Councilmm S~ stated that in a recent Transportaticn Conmittee meeting,
discussion had involved the traffic signals en ~en Avenue. He requested a report on the
signal timing at various times cbring the day.
* * * * *
Mayor Senti inquired whether there had been any ideas on the Housing Authority
appointments , and the Council responded with several ideas.
* * * * *
City Manager Dial reminded the Council of a study sessicn next MJnday night on
the budget, beginning at 7 :30 P.M.
* * * * *
~ scaJAB MJVED AND CXXJNCilMAN IH>RITY SECmDED A MJI'IOO 'ID AllJCXJm.
Upon the call of the roll, the vote resulted as follows:
Ayes: Council Meni>ers Schwab, Henning, lllority, Brown, Blessing, Senti.
Nays: None.
Absent: Council Meni>er Lay.
The Mayor declared the m:>ticn carried, and the meeting adj oumed at 11: 15 P .M.
/s/ Karl Nollenberger
Ex Officio Clerk of the Council
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