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HomeMy WebLinkAbout1970-02-02 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 2, 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 2, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Mayor Schwab. 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, Kreiling, Lay, Lone, Senti, Schwab. Absent: Councilman Dhority. The Mayor declared a quor\Dll present. Also present were: City Manager Dial, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 19, 1970 AND THE SPECIAL MEETING OF JANUARY 26, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, .Lone, Senti, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. Gurney B. Ulrich, 2958 South Grant Street, from the list of "Special Citizen Program Invitees." * * * * * * City Attorney Berardini introduced Mr. Don Hanneman, Assistant City Attorney, and his wife, Rita. Mr. Berardini stated that Mr. Hanneman would be handling Municipal Court. * * * * * * Mrs. Charles Bernhardt, 4501 South Clarkson Street, appeared before City Council in opposition to the proposed paving of East Stanford Avenue in Paving District No. 19. Mrs. Bernhardt presented a list of signatures of individuals in opposition to the paving. Mrs. Bernhardt discussed her opposition with members of City Council. Mr. Jim Donelson, 4495 South Clarkson, appeared before City Council. Mr. Donelson inquired as to whether the City would do the paving. Mayor Schwab indicated that the paving would be done through a private con- tractor. * * * * * * City Manager Dial indicated that the FBI report and police investigation had been received on the following: Guespato Cristofolo Chiacchierone Mr. Thomas P. Scifo Mr. Lewis P. Scifo Mr. Charles Koester Mr. Dial stated that the report indicated nothing derogatory. * * * * * * Mr. Anthony Zarlengo, attorney, appeared before City Council representing the Original Mexican Cafe, Inc. Mr. Zarlengo requested that City Council reissue the license for the establishment formerly known as the Hackney House to Original Mexican Cafe, Inc. Mr. Zarlengo introduced Mr. Richard w. Hamilton, Mr. Arthur E. Hamilton, Mr. Douglas v. Rogers and Mr. Wesley D. Rogers, all officers of Original Mexican Cafe, Inc. 581 February 2, 1970 COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL GRANT THE REISSUANCE OF THE LIQUOR LICENSE AT 4595 SOUTH SANTA FE TO THE ORIGINAL MEXICAN CAFE, INC. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * The minutes of the Planning and Zoning Commission meeting of January 6, 1970 were received for the record. * * * * * * The minutes of the Library Board meeting of January 13, 1970 were received for the record. * * * * * * The minutes of the Parks and Recreation Conunission meeting of January 13, 1970 were received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of December 10, 1969 were received for the record. * * * * * * The minutes of t h e Water and Sewer Board meeting of January 20, 1970 were received for the record with three attachments. A memorandum reconunending that an appointment be made inunediately for repre- sentatives of the City of Englewood to meet with HUD officials concerning the Englewood HUD application for a Federal grant in aid for the Western Slope water development was received for the record and discussed. City Manager Dial stated that an appointment with representatives of the Department of Housing and Urban Development in Fort Worth was being established for the first or second week in March. Mr. Dial indicated that Mayor Schwab, Utilities Director Charles B. Carroll and he would attend. A memorandum reconunending the inclusion of additional land into the Southgate Sanitation District was received for the record and discussed. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE INCLUSION OF ADDITIONAL LAND INTO THE SOUTHGATE SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. A memorandum reconunending that the Connector's Agreement between the City of Englewood and Country Homes Sanitation District No. One providing for Englewood sewage treatment by connection of such district directly to the Englewood sewer system be approved and properly executed was received for the record and discussed. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CONNECTOR'S AGREE- MENT BETWEEN THE CITY OF ENGLEWOOD AND COUNTRY HOMES SANITATION DISTRICT NO. ONE BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. UpOn the call of the roll, the vote resulted as follows: Ayes .: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * I I I I I I I I February 2, 1970 City Attorney Berardini presented a Bill for an Ordinance authorizing the Englewood Municipal Court to conduct trials by jury. Mr. Berardini indicated that this was necessary in light of a recent Colorado Supreme Court decision that stated the right to trial by jury must be afforded by specific action of the governing body. Introduced as a Bill by Councilman Lone and read inr full, · A BILL FOR AN ORDINANCE AMENDING SECTION18.7-l OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO BY GRANTING TO DEFENDANTS IN ALL TRIALS IN THE MUNICIPAL COURT A RIGHT TO TRIAL BY JURY. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote re·sulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated that a new suit concerning the left turns at Bannock and U.S. 285 had been filed. Mr. Be·rardini indicated that the suit asked the court to declare Ordinance No. 36, Series of 1969, the ordinance which restored the left turns, valid. Ordinance No. 36, Series of 1969 was amended by Ordinance No. 42, Series of 1969 by reinstating the left hand turn restriction. City Council discussed the law suit with City Attorney Berardini. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT CITY ATTORNEY BERARDINI BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THE LITIGATION BROUGHT BY W. W. REES, B. B. WRIGHT, MATTHEW M. SUMMERS, AND RACHAEL GORDON TO CAUSE LEFT TURNS TO BE REINSTATED AT BANNOCK AND U.S. 285. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed whether the City of Englewood's liquor- occupational tax was more properly entitled a tax or a fee with City Council. * * * * * * ORDINANCE NO. 3, SERIES OF 1970 AN ORDINANCE AMENDING SECTIONS 16.5-5(a) AND 16.5-18(5) OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY REMOVING ANY EXEMPTION FROM THE CITY RETAIL SALES AND USE TAX PREVIOUSLY GRANTED TO NATIONALLY CHARTERED BANKS WITHIN THE CITY OF ENGLEWOOD, COLORADO UNDER THE AUTHORITY OF ORDINANCE .NO. 8, SERIES OF 1968 AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 3, SERIES OF 1970 BE PASSED ON FINAL READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. ****** City Manager Dial stated that Fire Chief Hamilton had requested that he, his chief training officer and a shift captain be allowed to attend the Forty-Second Annual Fire Department Instructors' Conference in Kansas City, Missouri, March 24 through 27, 1970. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE FIRE CHIEF AND TWO OF HIS STAFF BE AUTHORIZED TO ATTEND THE FORTY-SECOND ANNUAL FIRE DEPARTMENT IN- STRUCTORS' CONFERENCE, MARCH 24 THROUGH 27, 1970 AS REQUESTED. Upon the call of the roll, the vote resulted as follows: ·583 r ----~------------~----- _:584 February 2, 1970 Ayes: councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried. * * * * * * City Manager Dial requested approval for Sergeant Robert Penney to attend I two armorer schools conducted by Colt Firearms Company and the Smith and Wesson Fire- arms Company in Connecticut and Massachusetts. Mr. Dial stated that Sergeant Penney would be away from the City for 3~ weeks, and his expenses would be approximately $755. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT SERGEANT ROBERT PENNEY BE ALLOWED TO ATTEND THE COLT AND SMITH AND \~SSON FIREARMS SCHOOLS FROM MARCH 30, TO APRIL 24, 1970. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 2, SERIES OF 1970 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT DISTRICT IN SAID CITY TO BE KNOWN AS PAVING DISTRICT NO. 19: ADOPTING DETAILS AND SPECIFICATIONS THEREFOR: AND ORDERING I PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS 'OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. (Copied in full in the official Resolution Book.) . COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, TF..A.T RESOLUTION NO. 2, SERIES OF 1970 BE ADOPTED AND APPROVED AND THAT THE DATE FOR PUBLIC HEARING BE ESTABLISHED AS FEBRUARY 23, 1970 AT 8:00 P.M. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Br01·"tl, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. Th e Mayor declared the motion carried. * * * * * * City Manager Di ~. gave a brief report on the progress of legislation in the State House affect i ng the Highway Users Tax and a State collected-locally shared sales tax. * * * * * * City Manager Dial discussed th~ land exchange proposed by the First National Bank of Englewood for property adjacent to Englewood City Hall and the new First National Bank building. Mr. Dial stated that the bank was offering 1525 square feet for 2703 square feet of the City's property. It was the consensus of City Council that the City Manager establish a fair market price for the land wanted in exchange. * * * * * * City Manager Dial presented a memorandwn dated January 30, 1970 from Director of Finance Lyon and Director of Public Works Waggoner concerning bids received for school crossing signals. Mr. Dial stated that $24,386 had been budgeted for this project and that on the basis of the bids received, it was estimated that the total project would exceed $27,900. Mr. Dial stated that due to the relocation of the ele- mentary school in the Scenic View area within the near future it would not be nece 1- • ry o eon• u h • hool ro •ing aignal• a n ~ t hu • t h total xp nd i t ur e could be reduced by $2,200. City Council discussed the fact that only one bid had been received for the traffic signal equipment. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT CONSIDERATION OF THE AWARD OF THE BIDS RECEIVED FOR SCHOOL CROSSING SIGNALS BE TABLED FOR FURTHER STUDY AND ADDITIONAL DETAIL ON THE BIDDING PROCESS TO BE PROVIDED BY THE CITY MANAGER AT THE NEXT MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Senti, Schwab. Nays: councilman Lone. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * I I I I I I 585 February 2, 1970 City Manager Dial presented a letter dated February 2, 1970 from Director of Public Works Waggoner to State Highway Engineer Haase. Mr. Dial stated that due to the fact that the Colorado Department of Highways was going to improve South Federal Boulevard north of west Belleview, Director of Public Works Waggoner had obtained pledges of $10,000 each from the owner of the Centennial Shopping Center~ Arapahoe County and the State of Colorado. The State of Colorado had also offered to do the engineering to improve the storm drainage. Mr. Dial stated that in order to firm up the arrangement, a pledge from the City of Englewood of $10,000 would also be required. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY OF ENGLEWOOD BE AUTHORIZED TO PARTICIPATE UP TO $10,000 AND TO COOPERATE WITH THE STATE HIGHWAY DEPARTMENT AND OTHER AGENCIES IN THE CONSTRUCTION OF A STORM SEWER FACILITY NORTH OF THE INTERSECTION OF BELLEVIEW AND FEDERAL, SAID PARTICIPATION TO BE CONTINGENT UPON THE PARTICIPATION OF THE OTHER PARTIES AS OUTLINED BY CITY MANAGER DIAL. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried. * * * * * * City Manager Dial stated that the Arapahoe Mayors meeting would be held February 5, 1970. * * * * * * Councilman Senti reported to members of City Council that the City of Sheridan had wi~hdrawn its financial support from the Englewood-Littleton-Fort Logan Bus Line. At a meeting with the City of Littleton on February 2, 1970, it was determined that Englewood and Littleton would continue to support the bus line on a 50-50 basis. Discussion ensued. COUNCILMAN SENTI MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY OF ENGLEWOOD CONTINUE ITS AGREEMENT WITH LITTLETON AND MR. HERBERTSON, THAT THE COST OF THE BUS LINE BE SPLIT ON A 50-50 BASIS WITH THE TWO CITIES WITHOUT THE CITY OF SHERIDAN PROVIDED THAT THE CITY OF LITTLETON WILL PARTICIPATE ON A 50-50 BASIS, AND FURTHER THAT THE CITY ATTORNEY BE DIRECTED TO DRAW UP THE NECESSARY PAPERS TO EFFECT THIS MOTION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * City Council established a dinner meeting on February 9, 1970 to discuss appointments to the various boards and conunissions and other matters. * * * * * * Councilman Lone stated that the Council of Governments remodeling program for which the City of Englewood had pledged to contribute a sum would not be carried through. Mr. Lone stated that the Council of Governments was issuing a TOPICS map of projects which would be used to guide the COG's decisions on aid through the TOPICS program. Mr. Lone stated that this map should be reviewed carefully by the City of Englewood. * * * * * * City Council discussed the showing of "Infrasexum" at the Gothic Theatre in Englewood and ways in which that movie and other "X" rated films might be banned from the City. * * * * * * councilman Lay stated that the apinting on the left hand turn pockets on South Broadway at the intersections of Mansfield, Oxford, Kenyon and Dartmouth had faded badly and that prior to repainting the left hand turn pockets considerable more discussion should be carried out with the affected parties. * * * * * * City Manager Dial stated that Mr. Brooks Taylor formerly of Colorado Springs had been hired as Traffic Engineer. * * * * * * City Manager Dial stated that Mr. Bill Brokate had been appointed Chief Building Inspector. * * * * * * 586 February 2, 1970 COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as, follows: Ayes : Councilmen Brown, Kreilinq, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried and the meeting adjourned at 10:25 P.M. ' . I I I I