HomeMy WebLinkAbout1971-12-06 (Regular) Meeting MinutesREG UIAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DECEMBER 6, 1971
The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session
on December 6, 1971, at 8:00 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by the Reverend Francis Kappes of the All Souls Catholic Church.
The Pledge of Allegiance was led by Boy Scout Troop No. 154.
The Mayor asked for roll call. Upon the call of the roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Absent: None
The Mayor declared a quorum present.
Also present were : City Manager Dial
Assistant City Manager McDivitt
Assistant City Attorney George Lee
* * * * *
COUNCILMAN DHORITY KJVED, COUNCILMAN LAY SECONDED, THAT THE MINl1rES OF THE REGULAR MEETING
OF ~VEMBER 15, 1971, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
Mr. Frank Cost, 6287 South Josephine Way, Littleton, appeared as requested by Council at
the meeting of November 15, 1971. He submitted for Council's study the agreement which transferred
ownership of Thorobred Liquors, 5050 South Federal Boulevard, fran William L. Lauby and Dora M.
I.auby to Frank L. Cos,t.
COUNCILMAN IAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE REISSUANCE OF A LIQUOR LICENSE
FRJM WILLIAM s. LAUBY AND DORA M. LAUBY TO FRANK L. COST, OBA THOROBRED LIQUOR STORE, 5050 souru FEDERAL
BOULEVARD , BE GRANTED SUBJECT TO APPROVAL OF THE POLICE REPORTS AND PROVIDING THAT THE LEASE IS DECLARED
TO BE IN PR:>PER FORM.
Mr. Cost stated that he would carefully observe all of the liquor laws currently in effect
in t h e State of Colorado.
Upon the call of the r o ll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING TO CONSIDER AN
ORDINA?CE ADOPTING VOLUMES I AND II OF THE UNIFORM BUILDING CODE BE OPENED. Upon the call of the
r o l l, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing opened at 8:20 P.M.
City Manager Dial indicated that both the Public Works Director and the Chief Building
Inspector were in the audience at his request and would be available to field any questions directed
to them.
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December 6, 1971
Mr. Kells Waggoner, Director of Public Works, appeared and stated that in the metropolitan
area the only major cities not currently using the Uniform Building Code are Denver and Lakewood, and
Lakewood he understands is in the process of preparing the Uniform Building Code for Council's
approval. He noted that the Public Service Canpany had requested a number of changes in the proposed
ordinance, but for the most part Mr. Waggoner felt that they were not necessary.
Canpany:
Mr. Waggoner submitted the following docmnents which were given to him by the Public Service
Exhibit #1 --Document entitled "Public Service Company of Colorado Recommended
Changes to the 1970 Edition of the Uniform Plumbing Code."
Exhibit #2 --Recommended changes to the Mechanical Code submitted by the
Public Service Company.
City Manager Dial recomnended that Council delay action on this ordinance since there were
some questions raised by the Public Service Company.
OOUNCILMAN DHORITY MOVED, COUNCILMAN LENI'SCH SECONDED THAT THE PUBLIC HEARING TO CONSIDER
AN ORDINANCE ADOPTING VOLUMES I AND II OF THE UNIFORM BUILDING CODE BE CLOSED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing closed at 8:45 P.M.
COUNCILMAN LAY MOVED, COUNCILMAN LENI'SCH SECONDED, THAT THE PUBLIC HEARING TO CONSIDER
AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE BE OPENED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing opened at 8:46 P.M.
There were no persons appearing either in favor of or in opposition to the adoption of
the National Electrical Code.
COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING TO CONSIDER
AN ORDINAN:E ADOPTING THE NATIONAL ELECTRICAL CODE BE CLOSED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing closed at 8:50 P.M
COUNCILMAN LAY MOVED, COUNCILMAN LENTSCH SECONDED, THAT THE PUBLIC HEARING TO CONSIDER AN
ORDINANCE ADOPTING THE UNIFORM PLUMBING CODE BE OPENED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing opened at 8:51 P.M.
Mr. William McDivitt, Acting City Clerk, presented an undated letter fran Mr. Fred Janssen,
P.E., 2784 South Lincoln, Englewood, reconanending changes to the proposed Uniform Plmnbing Code,
attached hereto as Exhibit #3.
Councilman Lay stated that he had also received a copy of this letter and that he interpreted
many items in the Code different ly than Mr. Janssen. Any Code is subject to interpretation. In
fact, it often depends on the particular inspector on the job site as to how each provision is to be
enforced. In summary, Mr. Lay indicated that he agreed with portions of Mr. Janssen's letter and took
exception to others.
Mr. Janssen requested that item 12(c) of his letter be stric~en.
There were no persons appearing in favor of or in opposition to the proposed ordinance.
305
306 December 6 , 1971
COUNCILMAN IAY MOVED, COUNC ILMAN BROWN SECONDED, THAT THE PUBLIC HEARING TO CONSIDER AN
ORDINANCE ADOPl'ING THE UNIFORM PLUMBING CODE BE CLOSED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing closed at 9:01 P.M.
COUNCILMAN LENI'SCH MOVED, COUNCILMAN SENTI SECONDED, THAT THE PUBLIC HEARING TO CONSIDER
AN ORDINANCE ADOPTING A FLOOD PIAIN DISTRICT BE OPENED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing opened at 9 :02 P.M.
exhibits:
Mrs. D. A. Romans, Assistant Director of Planning, submitted for the record the following
Exhibit #4 --Publisher's Affidavit showing Notice of Public Hearing on November 17,
1971, and November 23, 1971.
Exhibit #5 --Publisher's Affidavit Showing Publication on November 17, 1971, of a Bill
for an Ordinance Amending the Canprehensive Zoning Ordinance by Adding a
New Subchapter Entitled "Flood Plain District."
City Manager Dial indicated that with the assistance of the consultants developing the storm
drainage plan, the 100-yea r flood plain would be further defined and he would submit a bill for an
ordinance which would apply appropriate regulations to said plain.
COUNCILMAN DHORITY K>VED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING TO CONSIDER
AN ORDINANCE ADOPTING A FLOOD PIAIN DISTRICT BE CLOSED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dh ority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the public hearing closed at 9:17 P.M.
* * * * *
A form summarizing the request for the renewal of the 3.2 fermented malt beverage license
for Safeway Stores, Inc ., 125 East Hampd en, was received for the record.
By consensus, City Council approved the request.
* * * * *
A form sumnarizing the request for the renewal of the 3.2 fermented malt beverage license
for Shakey's Pizza Parlor, 3281 South Santa Fe, was received for the record.
By consensus, City Council approved the request.
* * * * *
A letter from Mr. E. P. Romans, Parks and Recreation Director, to Mr. John J. Wilder,
Assistant Regional Administrator, Canmun ity Planning and Management, requesting Federal assistance for
the acquisition and development of a Greenbelt/park area in the northwest section of the City, was
received for the record.
* * * * *
A memorand\Dll from Mr. E. P. Romans, Parks and Recreation Director, to Mr. William L.
McDivitt, Assistant City Manager, regarding action taken by the Parks and Recreation Camnission
with respect to the request by the Englewood Junior Police Band for financial assistance, was received
for the record.
City Council indicated that they would discuss this item further at a future study session.
* * * * *
City Manager Dial discussed the financial report for October and indicated that one correction
should be made. The total perce.ntage of the estimated amount of franchise taxes collected through
October should be 99 per cent rather than 147 per cent as shown. He also indicated that if the current
trend continues, the sales tax would come within $20,000 of the original estimate.
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December b , l 'J7 l
Kr. Dial indicated that at the next Council meeting a resolution transferring funds to the
Police Department would probably be submitted. This is the only department where substantial expenditure
problems appear.
* * * * *
Mayor Schwab noted that the quarterly report for the third quarter had been received at
the November 15, 1971, City Council meeting.
* * * * *
A memorandmn from Mr. E. P. Romans, Parks and Recreation Director, reporting on his attendance
at the 1971 Congress for Recreation and Parks in Houston, Texas, October 19-22, 1971, was received
for the record.
* * * * *
A report on how other cities regulate compost operations in high density residential areas
prepared by Mr. William L. McDivitt was received for the record.
Kr. McDivitt indicated that his research showed no need for the City to alter its general
ordinance regulating the harboring of material offensive to either sight or smell on private property.
He indicated that perhaps the City could strike a positive stance to residential compost operations
by preparing a handout showing the proper methods of composting in the soil conditions found in the
City.
Councilman Kreiling expressed the opinion that while our existing ordinance is a good one,
perhaps it should be amended to require canpost heaps to be located the farthest point from one's
next door neighbor.
Assistant City Attorney George Lee indicated that perhaps side and rear setback minimmns
could be established and enforced.
Council asked the City Attorney's office to study the possibility of incorporating setback
requirements in our ordinance and to report back to Council.
* * * * *
The minutes of the Water and Sewer Board meeting of November 16, 1971, with two memoranda
attached, were received for the record.
A memorandmn recommending that Council adopt a resolution authorizing an increase in water
rates of approximately 3 per cent or whatever lesser amount the Internal Revenue Service will allow
under Phase II of the President's Price Stabilization Program, with such increased rates to be
effective January 1, 1972, was discussed.
COUNCILMAN LAY MOVED, COUNCILMAN LENl'SOI SECONDED, THAT THE MEMORANDUM ON THE WATER RATE
INCREASE BE RECEIVED AND THAT THE CITY ATTORNEY'S OFFICE BE DIRECTED TO PREPARE A RESOLUTION ADOPTING
THESE RATES FOR ACTION AT THE NEXT COUNCIL MEETING. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion ca.rried.
City Manager Dial discussed the second memorandmn which recommended that the Council authorize
the Director of Utilities to negotiate an agreement to buy any canbination of the parcels of land just
to the north of the present Sewer Plant site that can be acquired for the smn of $40,000, or less, and
that the City execute the necessary documents to purchase the property.
COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEMORANDUM BE RECEIVED BY
COUNCIL BUT THAT ACTION BE DEFERRED UNTIL THE NEXT REGULAR MEETING OF CITY COUNCIL. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
The minutes of the Board of Career Service Commissioners meeting of October 21, 1971, were
received for the record.
307
308 December 6 , 1971
City Manager Dial called the Council's attention to the last page of the minutes wherein
Mr. Braun stated that everyone in classified service should get time and one-half pay or time and one-
half compensatory time for all overtime. Mr. Dial wished to expressed his opposition to this suggestion.
He also voiced opposition to the suggestion made by Canmissioner Reverend Kimbrough that as non-exempt
employees have the protection of the Career Service Board, exempt employees should be given similar
protection against dismissals, grievances, etc.
Mr. Dial noted that if such a regulation were adopted, it would apply to department heads
as well as to other non-exempt employees and that he would inform the Board of his opposition.
* * * * *
The minutes of the Board of Career Service Commissioners meeting of November 18, 1971,
were received for the record.
Mayor Sch\llll&b noted that the vote taken on Board motions made at the meeting was not recorded
in the minutes.
The City Manager stated that he would clarify the matter for the Council at the next meeting.
* * * * *
The minutes of the Workable Program Citizens Committee meeting of November 11, 1971, were
received for the record.
* * * * *
The minutes of the Planning and Zoning Commission meeting of November 9, 1971, were received
for the record.
* * * * *
Assistant Director of Planning, Mrs. D. A. Romans, presented an excerpt from the minutes
of the Planning and Zoning Commission meeting of November 16, 1971, in which the Commission reconmended
the vacation of a portion of the 3400 block of South Ogden Street. She indicated that the Council
agenda dated December 6, 1971, incorrectly showed that the Commission \llll&S reconmending the vacation
of a portion of the 3300 block of South Ogden Street and that it should read the "3400 block" instead.
Mrs. Romans further stated that the Commission felt that this vacation would aid the develop-
ment of Swedish Hospital.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE COUNCIL ACCEPI' THE RECOMMENDATION
AND HAVE THE NECESSARY ORDINANCE PREPARED TO VACATE A PORl'ION OF THE 3400 BLOCK OF SOUTH OGDEN STREET.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Sch\llll&b.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
The minutes of the Retirement Board meeting of November 9, 1971, were received for the
record.
* * * * *
Assistant City Attorney George Lee stated that he understood that there were some changes
in the parking requirements requested in the proposed ordinance providing for "Planned Development
Districts." If Council wished to incorporate these changes, it would be necessary to republish and
rehear the ordinance.
Mayor Schwab read a letter from the Chamber of Commerce recommending certain modifications
to the proposed ordinance permitting "Planned Development Districts." The letter \llll&S received as
Exhibit #1.
City Manager Dial reported that he, Mr. James Supinger, Planning Director and others met
with members of the Chamber of Commerce with regard to this ordinance. In concept he stated that the
Chamber felt it \llll&S a good ordinance but objected to the possible leniency which could be allowed
in the off-street parking requirements. It was the Chamber's feeling that the ordinance should be
written in such a manner as to eliminate the possibility of the Planning and Zoning Commission
decreasing parking requirements from those currently in effect in the comprehensive zoning ordinance.
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Assistant Planning Director, Mrs. o. A. Romans, indicated that the Planned Development District
ordinance is positive in that it emphasizes total planning whereas restrictive ordinances alone often
kill good development before it is seriously considered. To illustrate the value of a planned develop-I
ment district ordinance, City Manager Dial stated that the area near the GEM Store on South Broadway
ight well have been planned in a much better fashion had a planned development district ordinance been
in effect at the time of its development. A POD ordinance could be put to good advantage should the
area south of Belleview near the K-Mart development or the property in litigation along South santa
Fe Drive ever be extensively developed.
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o e c ember 6 , 1 9 71
Councilman Kreiling indicated that his only concern with the ordinance is that he is opposed
to it being applied to area s zoned R-1 .
COUNCILMAN LENTSOi MOVED , COUNCILMAN KREILING SECONDED, THAT THE ORDINAtCE ADOPTING THE
PIANNED DEVELOPMENI' DISTRICT BE REFE RRED TO THE PIANNING AND ZONING COMMISSION FOR FURTHER STUDY.
Discussion ensued.
Councilman Kr ei ling pointed out that the Council had not yet heard from the Commission when
they referred the r e que s t to study increasing the off-street parking requirements in the zoning ordinance.
Councilman Dhority felt the City was placing too much attention on parking requirements and
not enough on solid planning of the entire development.
The May o r asked for a cal l of the roll upon the motion. The vote resulted as follows:
Ayes: Coun c i lm e n Brown , Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays : Non e
Abs e nt: No n e
The Mayor dec lared the mo tion carried.
Ma yor Sc hwab asked Assis tant City Attorney George Lee since the Council had not removed
the ordinance from the tab le befo r e referring it to the Planning and Zoning Commission whether it
would in any way jeopardize the proceedings. Mr. Lee stated that it would have no effect.
* * * * *
CX>UNCILMAN DHORITY MOVED , COUNCILMAN SENTI SECONDED, THAT THE ORDINANCE AMENDING THE COM-
PREHENSIVE ZONING ORDINANCE TO AUl'HORIZE THE CONSTRUCTION OF TWO OR MORE UNITS UNDER CERTAIN CONDITIONS
IN R-2 -B RESIDENI'IAL ZONE DISTRICT ; AND TO REMOVE THE PROHIBITION OF MINIMUM UNITS CX>NTAINED IN R-3-A
MULTI-FAMILY .RESIDENI'IAL DISTRICT BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote
resulted as follows :
Ay e s: Coun c ilme n Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Abs e nt: None
The Mayor declared the mo t ion carried.
BY AUl'HORITY
ORD I NANCE NO. 35, SERIES OF 1971
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINAtCE OF THE CITY OF ENGLEWOOD (ORDINANCE
NO . 26, SERIES 1963) Al11'HORIZING THE CONSTRUCTION OF TWO OR MORE UNITS UNDER CERTAIN CONDITIONS IN
R-2 -B RESIDENTIAL ZONE DIST RICT; AND TO REMOVE THE PROHIBITION OF MINIMUM UNITS CONTAINED IN R-3-A
MULTI -FAMILY RESIDENI'IAL DI STRICT .
(Cop i ed in f u ll i n the off icial Ordinance Book.)
CX>UNCILMAN SENTI MOVED, COUN CILMAN LENTSCH SECONDED, THAT ORDINAICE NO. 35, SERIES OF 1971,
BE PASSED ON FINAL READING AND PUBLI SHED BY TITLE IN THE ENGLEWOOD HERALD SENTINEL.
Discussion e n sued . Counc ilman Kreiling asked if the Assistant Planning Director, Mrs. D. A.
Romans, could revie w the ordinan c e f or the benefit of the Council. She stated that perhaps the greatest
single advan tage of this ordi nan ce is that it would assist the City to develop sane of the areas of
town which are deteriorati n g . Und e r our current zoning it is often financially prohibitive to replace
an older hane wi th a n e w s ingle famil y structure, but that if two or more units could be erected
(depending on the zoning), development could occur.
Mayor Schwab a sked for r oll call on the motion, and the vote resulted as follows:
Ayes: Counc i lme n Brown , Dh ority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the mo tion carried.
* * * * *
By gene r a l a greeme n t City Council deferred action on an ordinance on final reading adopting
Volumes I and II of the Unifo rm Building Code because it had previously been decided that the ordinance
should be give n further study.
* * * * *
309
310 December 6 , 1 9 71
BY AtJrHORITY
ORDINANCE NO. 36, SERIES OF 1971
AN ORDINANCE AMENDING SECTION 3, AND REPEALING SECTION 10, ALL OF CHAPTER 10, OF THE
'69 E.M.C., ENTITLED, "ELECTRICAL CO DE :" AND ADOPTING BY REFERENCE IN LIEU THEREOF CHAPTERS l
THRJUGH 9, INCLUSIVE , OF THE "NATIONA L ELECTRIC CODE", 1971 EDITION, TOGETHER WITH THE APPENDIX
CONTAINED THEREIN.
(Copied in full in the off icial Ordinance Book.)
COUNCILMAN LENTSCH MOVED , COUN CILMAN SENTI SECONDED, THAT ORDINANCE NO. 36, SERIES OF
1971, BE PASSED ON FINAL READING AN D PUBLISHED BY TITLE IN THE ENGLEWOOD HERAID SENTINEL. Upon
the call of the roll , the vote resulted as follows:
Ayes: Councilmen Brown , Dh ority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carrie d .
* * * * *
By general agreement Council deferred action on the ordinance on f ina.l reading adopting
the Uniform Plumbing Code a s the ordinance was to be given further study.
* * * * *
BY AUTHORITY
ORDINAN CE NO. 37, SERIES OF 1971
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES 1963)
BY ADDING THERETO A NEW SUBCHAPTER , 22. 4B, ENTITLED, "FLOOD PLAIN DISTRICT," AUl'HORIZING SAID
DISTRICT TO BE SUPERIMPOSED UPON ANY OTHER ZONED DISTRICT WITHIN THE CITY, ESTABLISHING GENERAL AND
SPF£IAL PROVISIONS , DESCRIPTION OF USES, SPECIAL PERMITS, ADMINISTRATION AND PROVIDING FOR MOD-
IFICATION, ALTERATION OR REPAIR OF NON-CONFORMING USES : AND DECLARING AN EMERGENCY.
(Copied in full in the official Ordinance Book.)
COUNCIIMAN DHORITY MOVED, COUNC ILMAN LENT SCH SECONDED, THAT ORDINANCE NO. 37, SERIES
of 1971, BE PASSED ON FINAL READING AN D PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD SENTINEL.
Upon the call of the roll, the vote r esul ted as follows:
Ayes: Councilme n Brown , Dh ority, Krei l ing, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
T he Mayor declared the motion carried .
* * * * *
Introduced as a Bill by Councilman Dhority and read in fu l l,
A BILL FOR
AN ORDINANCE AMENDING CHAPTE R 5 , ARTICLE I , AND CHAPTER 4, ARTICLE XII, '69 E.M.C. TO
ESTABLISH THE "DEPARTMENI' OF COMMUNITY DEVELOPMENT;" DEFINING THE DUTIES AND RESPONSIBILITIES THEREOF;
AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES I N CONFLICT THEREWITH.
City Manager Dial recommended passage of the bill for an ordinance, stating that he felt
it was consistent wi t h his policy to p l ace like functions under a single department head.
Mayor Schwab indicated that at the recent conference of the National League of Cities there
were numerous Directors of Canmunity De velopment from cities of all sizes present.
CO UNCILMAN DHORITY MOVED , COUNCI LMAN BROWN SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED
ON F IRST READING AND PUBLISHED IN FULL I N THE ENGLEWOOD HERALD SENTINEL. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Dhor ity, Kreiling , Lents ch, Senti, Schwab.
Nays: Councilman Lay.
Ab s ent: None
The Mayor declared the motion carried .
* * * * *
Int r oduced as a Bill by Councilman Brown a nd r ead in full,
A BI LL FOR
AN ORDINANCE APPROVING AND CONF ORMING THE TERMS OF THAT CERTAIN LEASE AGREEMENT BY AND
BETWE EN THE CITY OF ENGLEWOOD , COLORADO , AS LESSOR, AND MAC LEE RADIO, INC. , A COLORADO CORPORATION,
AS LE SSE E , DATED JANUARY 1 , 1972, AND AUT HOR I ZING AND DIRECTING THE MAYOR OF THE CITY OF ENGLEWOOD
TO EXEC IJl'E SAID LEASE AND THE DIRECTOR OF F INA NC E , EX OFFICIO CITY CLERK-TREASURER TO A'rrEST THE
SIGNATU RE THEREON; DF£LARING SAID FUND S TO BE THE PROPERTY OF THE DEPARTMENT OF Ul'ILITIES AS REVENUE.
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City Manager Dial discussed the proposed lease that had been prepared between the City and
MacLee Radio, Inc., which would permit the use of City property for radio towers for Radio Station
KGK:. He noted that the original lease was for a term of ten years at $30.00 per month. Since the
expiration of the time limit the lease has been continued on a month to month basis. The proposed
new lease would be for ten years with no option of renewal and would cost $90.00 per month. The
radio station is to pay all taxes and to declare the City blameless of all liability occurring on
the property. The station is to carry liability insurance in the amount of $100,000 for any individual
in a single accident and $300,000 for the total damages of any accident. The lease would permit the
City to give the station two years notice in which to vacate. At the end of such time, if the premises
are not vacated, the rent would jump to $270.00 per month and after the 25th month the property would
have to be vacated. He indicated that the location of the property was in the vicinity north of
Oxford and east of the South Platte River.
Councilman Lentsch stated that a ten-year lease seemed too long.
City Manager Dial suggested that he and the City Clerk be directed to call Council's attention
t o the lease two years from now so that they might review it once again.
COUNCILMAN BRCMN MOVED, COUNCILMAN SENI'I SECONDED, THAT THE BILL FOR AN ORDINANCE APPROVING
A LFASE AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND MAC LEE RADIO, INC., BE PASSED
ON FIRST READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD SENI'INEL. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
BY Al1l'IDRITY
ORDINANCE NO. 38, SERIES OF 1971
AN ORDINAOCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1972
(Copied in full in the official Ordinance Book.)
COUNCILMAN IAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 38, SERIES OF 1971,
Bl! PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD SENI'INEL. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
BY Al1l'HORITY
ORDINANCE NO. 39, SERIES OF 1971
AN ORDINANCE APPROPRIATING K>NIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD,
COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1972, AND ENDING DECEMBER 31, 1972, CONSTITl1l'ING
WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1972.
(Copied in full in the official Ordinance Book.)
COUNCILMAN IA'i K>VED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 39, SERIES OF 1971,
BE PASSED ON FINA.L READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD SENI'INEL. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
City Manager Dial addressed himself to a memorand\Dll he had prepared for the Council relating
to various personnel matters. He called Council's attention to the fact that in keeping with the Letters
of Understanding signed with the three employee groups, he would be presenting appropriate adopting
instruments at the next Council meeting providing that the City would pay 75 per cent of the cost of
dependents' coverage under the City's hospital and surgical insurance program and that overtime compen-
sation would be increased from straight time to time and one-half. He also noted that the budget for
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1972 contained $23,600 for monies to compensate upper echelon employees. He felt there was considerable
justification in recamnending that a one-grade increase be provided all such employees. The "fringe"
benefit changes provided all employees in 1972 would amount to an increase in personal service costs
of 6.07 per cent. These increases vary depending upon classification. He presented three typical
classifications to illustrate his point. A custodian for example would receive an increase of 7.59
per cent; a police sergeant 4.87 per cent; and a Chief of Police 1.93 per cent. By giving a 5 per
cent grade increase it would bring upper echelon employees to approximately the same 7 per cent level
to be realized by employees in the lower grades.
Mr. Dial also mentioned that at a future date he would perhaps reconmend sane improvements
in the disability provisions of the pension plans but that he was not in a position to make a finn
recomnenda.tion at this time.
Mr. Dial also stated that our pension programs were not very useful to department heads
in that one must be employed by the City for ten years before his funds becane vested. Most depart-
ments heads move before the end of the ten-year period in the interests of career development. Hence,
he suggested that perhaps an annuity plan for these employees might be appropriate and that he might
perhaps make a reconmendation to this effect at a later date.
* * * * *
City Manager Dial indicated that the City Attorney had not had sufficient ti.ir.e to report on the
City's ability to require the donation of rights-of-way, but that he hoped to have such a report ready
for Council at the next Council meeting.
Mr. Kells Waggoner, Public Works Director, presented the proposed list of streets for
Paving District No. 21, as amended by the City Council.
Council.man Lay left Council Chambers at 10:15 P.M
Council.man Dhority expressed concern over the paving of alleys. While he felt that most
alley paving was necessary, he stated that it was often not wanted by the hane owners nearly as much
as by the comnercial interests bordering on the other side of the alley.
City Council directed the City Manager to see what other cities were doing to assess the
costs of alley paving and perhaps make a reconanendation on an alternate method of charging for alley
paving. By general agreement Council authorized the City to prepare preliminary engineering plans
for Paving District No. 21.
Councilman Lay reentered Council Chambers and took his seat with Council at 10:20 P.M.
* * * * *
City Manager Dial presented a summary of park projects in which Federal participation would
be requested in 1972. These apply to the development of a shelter house at Jason Park, paving of the
parking lot at Denny Miller Field, development of an all-purpose court at Bates-Logan Park, and
the development of an all-purpose court at Centennial Park.
City Manager Dial stated that we would apply for Federal aid in all of these projects in
order that we would increase the amount available for improvement.
* * * * *
Mayor Schwab recognized the newly elected members of the City Council, Mrs. Judith B. Henning
and llr. Paul Blessing.
* * * * *
Mayor Schwab stated that he had received a letter of resignation fran Kr. William Patrick
from the Planning and Zoning Cormnission. Mr. Patrick is moving his residency outside of the City.
* * * * *
Mayor Schwab expressed concern over the lack of citizen participation in the City Council
meetings and noted that this was one of the areas of concern at the recent National League of Cities
Conference. He suggested that three persons be invited from each of the precincts rather than one to
attend each Council meeting.
Council.man Lentsch stated that it would be helpful if these people were called.
City Mana.ge .r Dial said the current practice was to send a registered letter but that for
a period of time we would send a regular letter and follow it up with two telephone calls and see
whether that improves the attendance at the Council meetings.
* * * * *
Mayor Schwab then reported on the National League of Cities Conference held in Honolulu,
Hawaii. There were two observations in particular that he wished to note: (1) the smaller cities
are going to become far more involved in the National League of Cities than in the past; and
(2 ) representatives from minority groups will also become far more involved.
* * * * *
Councilman Brown stated that at the next study session he would like to discuss the
recamnenda.tions of the Animal Control Committee. He stated that the Conunittee would be happy to
meet with the Council at any time.
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December 6, 1971
Mr. Eddie Tanguma., a member of the Committee, spoke from the audience and recommended that
a special public meeting be held to discuss recommendations of the Animal Control Committee.
* * * * *
Mayor Schwab stated that Denver Metro Transit had indicated a desire to discuss a new
contract for 1972. Council agreed it would be best to wait until the City of Littleton had an
opportunity to act on the City of Englewood's request for them to help defray the cost of the
deficit.
* * * * *
Councilman Lentsch inquired of the status of the ordinance adopted on first reading which
would prohibit the placement of waste receptacles on public rights-of-way.
The City Manager indicated that the staff would prepare a plan of action which would
probably include a six-month notice that such an ordinance was going into effect so that all people
who would have to build an offset in their alley for waste receptacles could do so without being in
violation of the ordinance.
* * * * *
Councilman Lentsch inquired whether any action had been taken with regard to the request
by "Bicycles Now" to develop bicycle routes within the City.
City Manager Dial indicated that a staff report would be forthcoming.
* * * * *
COUNCILMAN BROWN MOVED, COUNCILMAN IAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab.
Nays: None
Absent: None
The Mayor declared the motion carried, and the meeting adjourned at 11:10 P.M.
Acting Ex Officio Clerk of the Council
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