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HomeMy WebLinkAbout1970-04-20 (Regular) Meeting Minutes34 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 20, 1970 REGULAR MEETING: The city Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 20, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Allen Strong of the Englewood First Presbyterian Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following were present: councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Absent: Councilman Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, City Attorney Berardini, Deputy City Clerk Herndon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 6, 1970 AND THE SPECIAL MEETING OF APRIL 31, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. and Mrs. Doyet J. Barbre, 4521 South Clarkson Street, from the list of "Special Citizen Program Invitees." * * * * * * City Manager Dial introduced Mr. William L. McDivitt, the City of Englewood's new Assistant City Manager, to members of City Council and the audience. * * * * * * Dr. James R. Feucht, Extension Associate Professor, Colorado State University Service, Department of Horticulture, appeared before City Council and dis- cussed the City's proposed ordinance relating to the control of trees, the establishment of a City Forester, and the regulation of businesses caring for trees. Dr. Feucht stated that in order to provide adequate tree protection an effective program must be established which would give the City of Englewood the power to implement the cleaning up of all dead trees, tree pruning, tree removal and spraying. Dr. Feucht discussed the problem of Dutch elm disease and stated that municipalities should develop some system for tree preservation like the program described above. Dr. Feucht stated that the proposed ordinance would be effective in the protection of all trees within the City of Englewood. Discussion ensued. Mr. E. P. Romans, Director of Parks and Recreation, appeared before city Council and stated that the citizens of Englewood should be informed on how to keep, maintain and plant trees. Councilman Lay requested that a study session be held on the proposed ordi- nance. * * * * * * Mr. William H. Triggs, 4300 South Jason Street, appeared before City Council I I I on behalf of the Englewood Citizens for Effective Storm Drainage and Flood Control. I Mr. Triggs presented a letter signed by 296 (count unverified) residents in support of the proposed ordinance adopting a fee schedule for storm drainage and flood control. Mr. Werner D. Schnackenberg, 4601 South Bannock, appeared before City Council in support of the proposed ordinance on storm drainage and flood control. Mr. Schnackenberg urged City Council to put the ordinance into effect as soon as possible. Mayor Schwab asked those in the audience who were in support of storm drainage to stand. Seventeen people stood. * * * * * * I I I I April 20, 1970 Mayor Schwab introduced the following students (with their counterparts) who will be officiating at the May 4, 1970 Student Government City Council meeting: Student Bill Howard Ed Patterson Nancy Brown Colleen Porter Jim Long Bev Lane Ed Leachman Debbie Hwne Darrell Ross Tom Barritt Position Mayor councilman Councilman Councilman Councilman Councilman Councilman City Manager Assistant City Manager City Attorney Official Elmer E. Schwab John J. Lay Dallas J. Dhority Howard R. Brown Milton Senti John c. Kreiling Richard Lone Stanley H. Dial William L. McDivitt Bernard Berardini Mayor Schwab also introduced Douglas Yarbrough and Linda Ruckman, students from Sheridan High School. * * * * * * councilman Brown thanked the members of the Englewood Citizens for Effective Storm Drainage and Flood Control Committee for coming to the meeting. Councilman Brown assured the members that the City Council is concerned with the problem of storm drainage and is studying and trying to come to a workable solution. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE CLUB LIQUOR LICENSE APPLICATION FOR THE V.F.W., POST NO. 322, 3860 SOUTH JASON STREET, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried, and the public hearing opened at 8:53 P.M. (Note: A tape recording of the public hearing is on file with the official records.) Listed below are those individuals who appeared before City council and the exhibits presented. Street. Mr. Robert A. Lehman, attorney, 2401 East Second, representing the V.F.W. Exhibit No. 1 Exhibit No. 2 Petition containing approximately 52 signatures (count unverified) of members of the V.F.W., Post No. 322. Eight petitions containing approximately 365 signatures (count unverified) of individuals within a six block area of the V.F.W. Mr. Lewis M. Romans, Commander of the V.F.W., Post No. 322, 3860 South Jason Mayor Schwab asked those in the audience who were in favor of the club liquor license application to stand. Eleven were in favor. No one was opposed. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: councilman Lone. The Mayor declared the motion carried, and the public hearing closed at 9:03 P.M. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE APPLICATION FOR A CLUB LIQUOR LICENSE FOR THE V.F.W., POST NO. 322, 3860 SOUTH JASON STREET, BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * 35 36 April 20, 1970 A report from William A. Hamilton, Fire Chief, in regard to his attendance at the 42nd Annual Fire Department Instructors Conference in Kansas City, Missouri, from March 23, to 27, 1970 was received for the record. * * * * * * A report from Mrs. Dorothy A. Romans, Planning Director, in regard to her attendance at the .American Society of Planning Officials Conference in New York City from April 3 to 10, ·1970 was received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of March 2, 1970 were received for the record. * * * * * * The minutes of the Board of Career Service Conunissioners meeting of April 16, 1970 were received for the record. * * * * * * The minutes of the Parks and Recreation Conunission meeting of April 8, 1970 were received for the record. * * * * * * A memorandum from Mr. Paul T. Blessing, Chairman, Parks and Recreation conunission, in regard to a proposed ·policy for naming parks and other recreational facilities was received for the record. * * * * * * The minutes of the Police Pension Board meeting of April 3, 1970 were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 9, SERIES OF 1970 AN ORDINANCE AUTHORIZING AND RATIFYING CERTAIN EMERGENCY PURCHASES FOR THE ENGLEWOOD SEWER UTILITY, AND DECLARING AN EMERGENCY. {Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 9, SERIES OF 1970 BE PASSED ON FINAL READING 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, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE AMENDING SECTION 6.7-15 ENTITLED "VETERAN'S PREFERENCE, SUBSECTION {b) PERIODS OF SERVICE" OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY CONFORMING SAID ORDINANCE TO THE PROVISIONS OF ARTICLE XII, SECTION 14, CONSTITUTION OF THE STATE OF COLORADO. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY 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 resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * I I I I I I I ;I April 20, 1970 BY AUTHORITY ORDINANCE NO. 10, SERIES OF 1970 AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DISPOSAL OF WEEDS OR RUBBISH THEREFROM. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 10, SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * A report regarding the legality of returning contributions made to the Police Pension Fund from City Attorney Berardini with an opinion of the Attorney General were received for the record. City Attorney Berardini stated that in view of the Attorney General's opinion the Police Pension Board would not have the authority to refund contributions made to the Police Pension. Mr. Berardini stated that because the Board is a statutory body it is without jurisdiction to refund contributions unless there is a c h ange at the State level. Discussion ensued. * * * * * * City Attorney Berardini presented and discussed a proposed bill for an ordi- nance regarding the parking of large vehicles on public streets particularly in resi- dential areas. Introduced as a Bill by councilman Brown and read in full, A BILL FOR AN ORDINANCE AMENDING "THE MODEL TRAFFIC CODE," CHAPTER 25.l ENTITLED "TRAFFIC AND MOTOR V3HICLES" OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, BY ADDING A NEW SECTION THERETO RESTRICTING PARKING OF SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS, AND COMMERCIAL VEHICLES WITHIN ANY RESIDENTIALLY ZONED AREA OF THE CITY OF ENGLEWOOD. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AH ORDINANCE BE AMENDED BY INSERTING "TRUCK TRAILER" AFTER "SEMI-TRAILER" IN SECTION 25.5 -ARTICLE XI, SECTION 11-5 (A). Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AS AMENDED 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, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF THE CITY'S INTEREST IN REAL PROPERTY TO THE ENGLEWOOD SCHOOL DISTRICT NO. 1. COUNCILMAN DHORITY 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 resulted as follows: 38 April 20, 1970 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: councilman Lone. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 11, SERIES OF 1970 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 18, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 11, SERIES OF 1970 BE PASSED ON FINAL READING 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, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * city Manager Dial gave a brief report on the bids received for the construction of Hampden Place and stated that the low bids received were: Concrete curb and Gutter J & N Concrete $2,696.30 Paving Peter Kiewit Sons $5,088.52 Mr. Dial reconunended that contracts be awarded to the above two companies. Introduced as a Bill by councilman Kreiling and read in full, A BILL FOR AN ORDINANCE AWARDING CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS ON HAMPDEN PLACE BETWEEN SOUTH CHEROKEE AND SOUTH ELATI CONSISTING OF CONCRETE AND PAVING TO J & N CONCRETE CO. AND TO PETER KIEWIT SONS' CO. COUNCILMAN KREILING 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 resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Berardini reported that a mandatory injunction had been received from Judge Foote in the litigation against the Miller property, 4089 South Acoma. Mr. Berardini stated that the injunction gave Mrs. Miller 60 days, until June 18, 1970, to clean up her entire property: and it prohibited her from bringing additional items on her property which would result in a similar situation. * * * * * * I I I City Attorney Berardini stated that a law suit had been filed against Officer Goetz which claimed that excessive force had been used in effecting arrest. Mr.-I Berardini stated that the summons and complaint had been transferred to Royal Globe Insurance, the City's previous insurance carrier, as this occurred in 1969. Royal Globe indicated that they would come in and defend Officer Goetz but if a judgment was awarded on the basis of assault and battery against Officer Goetz they would not give a judgment. Mr. Berardini stated that because of this Officer Goetz had retained his private attorney to defend him. ,I I I I April 20, 1970 City Attorney Berardini stated that this presents a problem as to the extent of this insurance coverage and its effectiveness. Mr. Berardini stated that the City is immune to civil prosecution in governmental functions, that is, if a police officer or other employee commits a civil wrong against someone, the City is not liable: and the Ci ~y Attorney would have no authority to defend him as such. Therefore, Mr. Berardini suggested that the City Council meet at a future date to hear evidence and try to establish a policy about what it can and cannot do in this area. City Manager Dial stated that City Attorney Berardini, Chief Clasby and himself were working with the City's insurance consultant to develop a complete report to give to City Council for some recommendation as to the policy and attitude on the part of the City towards officers and other employees if suits were brought against them while in the line of duty. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY COUNCIL REGARDING THE ISSUANCE OF A 3.2 BEER LICENSE TO THE SPORT BOWL, 3295 SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN SENTI SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO ATTEND A COURSE ON LOCAL GOVERNMENT LEGAL PROBLEMS AT THE SOUTHWEST LEGAL FOUNDATION IN DALLAS, TEXAS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial discussed the signalization of certain intersections on South Broadway to change the signal poles to the modern mast arm design. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND TOPICS (TRAFFIC OPERATIONS PROGRAM TO INCREASE CAPACITY AND SAFETY). Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE TRAFFIC ENGINEER BE AUTHORIZED TO ATTEND A TRAFFIC ENGINEERING COURSE OFFERED BY THE EAGLE SIGNAL COMPANY IN DAVENPORT, IOWA FROM MAY 18 TO 22, 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 12, SERIES OF 1970 A RESOLUTION APPROPRIATING FUNDS FOR THE POLICE DEPARTMENT AND CITY COUNCIL. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 12, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: April 20, 1970 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * The financial report for the month of March, 1970, was received for the record. City Manager Dial reported that the sales tax had exceeded the original esti- mate by fifteen per cent for the first quarter of 1970. Mr. Dial stated that at the present rate the sales tax estimate may be exceeded by $300,000. * * * * * * City Manager Dial reminded members of Council that Student Government Days would be April 23 and 24, 1970. * * * * * * City Manager Dial stated that the Annual Awards Banquet would be held May 13, 1970. * * * * * * City Manager Dial stated that Mr. Bill Brokate was appointed Chief Building Inspector but that he would also act as the Structural Inspector. Mr. Dial stated th at an Environmental Inspector had been hired. * * * * * * City Manager Dial presented a financial statement to City Council for the Englewood-Littleton-Fort Logan Bus Line. Discussion ensued. * * * * * * City Manager Dial presented to City Council a circular which will be distri- buted by the League of Women Voters for the May 5, 1970 special election. Mr. Dial stated that he had discussed the Charter amendments with representatives of the Denver Post and Englewood Herald. * * * * * * City Manager Dial reported that a request for a light in an alley between Grant and Logan had been received (100 feet north of Mansfield between Logan and Grant). Discussion ensued. * * * * * * Mayor Schwab recognized Mr. Joyce L. Williams, 4845 South Cherokee. Mr. Williams was concerned about the charge for replacing his sidewalk. Mayor Schwab indicated that Mr. Williams should contact the Director of Public Works and that the problem could not be settled without both sides of the question being presented. * * * * * * Mayor Schwab reminded members of City Council that a coffee would be held April 27, 1970 in the Conununity Room to answer questions regarding the bus line and proposed Charter amendments. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried, and the meeting adjourned at 11:15 P.M. I I I I