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HomeMy WebLinkAbout1970-06-15 (Regular) Meeting Minutes62 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JUNE 15, 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 15, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Frederick Hahn of the Immanuel Lutheran Church. Pledge of Xllegiance 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, Lone, Senti, Schwab. Absent: None. The Mayor declared a quorum present. Also present were: Acting City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 1, 1970 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. invitees: * * * * * * Mayor Schwab recognized the following from the list of special citizen program Mr. and Mrs. c. c. Nicholas, 21 East Bates Avenue. Mr. and Mrs. Granville Cothron, 3588 South Emerson Street. Judge and Mrs. M. w. Foote, 4760 South Inca Street. Judge Foote appeared before City Council and stated that Englewood should take pride in its progress in streets and in its juvenile officer, Sergeant Mull. Judge Foote stated that he saw needs for a through street to Hampden west of Broadway, left hand turns off Broadway, the construction of an indoor rifle range, and a solution to the cat problem within the City. * * * * * * Mr. Barry Lindstrom, president of the Englewood Jaycees, appeared before City Council requesting the City's participation in the 33rd Annual Fireworks Display. Mr. Lindstrom requested that the City contribute $500 and that Union from the Platte River to Federal Boulevard be blocked to control access to the display area. Upon question, Mr. Lindstrom stated that he and others would protect the newly seeded Centennial Park and that only a designated area would be used by the Jaycees: Discussion ensued. COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT $500 BE CONTRIBUTED TO THE JAYCEES' 33RD ANNUAL FIREWORKS DISPLAY AND THAT THE HOURS AND METHODS OF CONTROL OF THE BLOCKING OF UNION AND FEDERAL BE WORKED OUT WITH THE FIRE AND POLICE DEPARTMENTS. Discussion continued. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MOTION BE AMENDED BY CAUSING THE LOCATION OF THE FIREWORKS DISPLAY TO BE SUBJECT TO THE APPROVAL OF THE PARKS AND RECREATION DEPARTMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. I I I I I I I I June 15, 1970 Upon the call of the roll on the original motion, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mr. Robert J. Verner, attorney representing Mrs. Sandrea Leonard and Mrs. Mary Tays of the Magnet Inn, 2893 South Broadway, appeared before City Council. Mr. Verner introduced Mrs. Leonard and stated that Mrs. Tays was in Alaska on vacation. Mr. Verner stated that Mrs. Leonard and Mrs. Tays were requesting transfer of stock of the Magnet Inn, Inc., 2893 South Broadway. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE TRANSFER OF THE STOCK OF THE MAGNET INN, 2893 SOUTH BROADWAY, TO MRS. SANDREA LEONARD AND MRS. MARY TAYS BE APPROVED SUBJECT TO THE PROPER CLEARANCES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mrs. Clark Milsom, 4190 South Elati Street, appeared before City Council in regard to the enforcement of the dog leash law. Mrs. Milsom stated that fines were $25 for dogs which were running loose but did possess the license and rabies ·tags. Mrs. Milsom stated that the fine was too much and that it should be paid in a method other than going to court. Discussion ensued. Mr. Tom Dodd, 745 West Nassau Way, appeared before City Council. Mr. Dodd stated that he was disturbed that the Englewood Police Department was following dogs home. Mr. Dodd stated that this was a misplaced priority and that the police were spending their time enforcing a trivial law. * * * * * * Councilman Brown left the Council Chambers at 9:35 P.M. * * * * * * The minutes of the Parks and Recreation Commission meeting of May 14, 1970 with a memorandum attached recommending that the City Council relate to the State Highway Department their concern about the quality of the landscaping planned for the interchange at South Broadway and Highway 285 were received for the record. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION BE ACCEPTED AND THAT A LETTER EXPRESSING THE CITY'S CONCERN BE FORWARDED TO THE STATE HIGHWAY DEPARTMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Brown. The Mayor declared the motion carried. * * * * * * Councilman Brown reentered the Council Chambers at 9:40 P.M. and took his seat with Council. * * * * * * The monthly financial reports for April and May were received for the record. * * * * * * A report on the State Championship Police Pistol Match dated June 10, 1970 was received for the record. Mayor Schwab asked that a resolution be prepared commending the police officers and their performance in the State Championship and that the officers be i nvited to the next City Council meeting for presentation of the resolution. * * * * * * 64 June 15, 1970 The minutes of the Planning and Zoning Commission meeting of May 19, 1970 with a memorandum attached recommending that the northwest corner of West Thomas Avenue and South Beverly Drive be rezoned from R-4 to I-1 were received for the record. (Action on this recommendation had been taken at the June 1, 1970 meeting.) * * * * * * The minutes of the Board of Career Service Commissioners meeting of May 28, 1970 with a memorandum attached recommending that the position of Court Clerk be evaluated at Grade 16 were received for the record. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE CAREER SERVICE COMMISSIONERS PERTINENT TO THE PLACEMENT OF THE COURT CLERK UNDER GRADE 16 BE ACCEPTED AND THAT THE INCREASE BE TABLED PENDING RECEIPT OF INFORMATION RELATIVE TO THE OTHER CITIES CHECKED AND IF IT IS FOUND THAT THE INCREASE IS APPROPRIATE THAT THE INCREASE BE RETROACTIVE TO JUNE 1, 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried . * * * * * * The minutes of the Retirement Board meeting of May 26, 1970 were received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of June 10, 1970 with a memorandum attached recommending the encroachment of a forty-two inch fence upon City property for seven feet along South Elati Street adjacent to 501 West Belleview Avenue for a distance of seventy-five feet were received for the record. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE ENCROACHMENT AGREEMENT OF THE BOARD OF ADJUSTMENT AND APPEALS BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE SAID ENCROACHMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mr. John A. Criswell, attorney, 3755 South Broadway, appeared before City Council in regard to the adoption of a bill for an ordinance revising the Municipal Code. Mr. Criswell explained the various points within the ordinance. Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE ADOPTING "THE 1969 REVISED MUNICIPAL CODE OF THE CITY OF ENGLEWOOD" INCORPORATING THEREIN THE BUILDING CODE OF THE CITY AND COUNTY OF DENVER, THE FIRE PREVENTION CODE AND THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, THE COLORADO STATE TRAFFIC CONTROL MANUAL, AND ALL OTHER GENERAL ORDINANCES OF THE CITY OF ENGLEWOOD: PROVIDING FOR THE REPEAL OF ALL ORDINANCES OF A GENERAL AND PERMANENT NATURE NOT INCLUDED THEREIN, SAVE AND EXCEPT SUCH ORDINANCES PARTICULARLY SPECIFIED AS EXCEPTED FROM SUCH REPEAL: PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE AND SETTING FORTH THE PENALTIES PROVIDED FOR IN SAID CODE: PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION OF SAID CODE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE AND THAT THE PUBLIC HEARING BE ESTABLISHED ON SAID BILL ON JULY 6, 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * I I I I I I I I June 15, 1970 BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1970 AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 20, 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, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 10.l ENTITLED "PUBLIC LIBRARY BOARD - APPOINTMENT AND TERMS," OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY INCREASING THE VOTING MEMBERSHIP THEREOF FROM SIX MEMBERS TO NINE MEMBERS AND PROVIDING FOR THEIR APPOINTMENT AND FOR THEIR TERMS OF OFFICE. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 21, SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upca the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 22, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 21.l OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD ENTITLED, "PLANNING AND ZONING COMMISSION ESTABLISHED," BY INCREASING THE VOTING MEMBERSHIP OF THE PLANNING AND ZONING COMMISSION FROM SIX MEMBERS TO NINE MEMBERS, PROVIDING FOR THEIR APPOINTMENT AND THEIR TERMS OF OFFICE. (Copied in full in the official Ordinance Book.) COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 22, 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, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 23, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 22.2-5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD ENTITLED, "ORGANIZATION OF THE BOARD OF ADJUSTMENTS AND APPEALS," BY INCREASING THE MEMBERSHIP OF SAID BOARD FROM FIVE TO SEVEN MEMBERS AND PROVIDING FOR THEIR APPOINTMENT AND FOR THEIR TERMS OF OFFICE. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN SENTI SECONDED, THAT ORDINANCE NO. 23, 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, Lone, Senti, Schwab. 66 June 15, 1970 Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 8.1 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD ENTITLED, "WATER AND SEWER BOARD," BY INCREASING THE VOTING MEMBERSHIP OF SAID BOARD FROM SEVEN TO NINE MEMBERS AND PROVIDING FOR THEIR APPOINTMENT AND THEIR TERMS OF OFFICE. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT ORDINANCE NO. 24, 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, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 25, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 17.10 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD ENTITLED, "REGULATION OF POOL AND BOWLING ESTABLISHMENTS," BY ALLOWING OWNERS , MANAGERS, AND OPERATORS TO KEEP SAID ESTABLISHMENTS OPEN UNTIL TWO O'CLOCK A.M. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT ORDINANCE NO. 25, 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, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Acting City Manager McDivitt presented a resolution declaring the intent of the City Council to create Sidewalk Improvement District No. 70. Mr. McDivitt s t ated that interest rates to be charged on this district had been established at seven per cent. RESOLUTION NO. 17, SERIES OF 1970 A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO CREATE AN IMPROVEMENT DISTRICT IN SAID CITY, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70; ADOPTING DETAILS AND SPECIFICATIONS THEREFOR; ESTABLISHING A DATE AND PLACE FOR A PUBLIC HEARING UPON THE CREATION OF SAID DISTRICT; AND ORDERING PUBLICATION AND MAILING OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE ASSESSED WITHIN THE DISTRICT. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 17, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. ****** I I I I I I I I June 15, 1970 Acting City Manager McDivitt stated that an agreement had been drafted between Englewood and Continental National Bank abandoning an easement for a tube beneath the intersection of Sherman and Hampden as Continental National Bank no longer needed the facility due to its change in location. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE DOCUMENT ABANDONING THE EASEMENT BETWEEN THE OLD ENGLEWOOD STATE BANK BUILDING AND ITS SATELLITE DRIVE-UP BANKING CENTER UNDERNEATH THE INTERSECTION OF HAMPDEN AND SHERMAN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Acting City Manager McDivitt discussed the extension of municipal court to two sessions on Tuesday and Thursday afternoons. COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL APPROVE AN EXTRA DAY OF MUNICIPAL COURT PER WEEK TO BE HELD ON TUESDAY AND THURSDAY AFTERNOONS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Acting City Manager McDivitt stated that this action would require the appropriation of additional funds at a later date. It was the consensus of City Council that a special call be prepared for noon, Tuesday, June 16, 1970, for the meeting of City Council to discuss municipal court operations. * * * * * * Acting City Manager McDivitt reported that in meetings between Arapahoe County, Littleton and South Suburban it had been determined that Englewood and Littleton would participate in the financing of a forester position at $4,000 apiece, South Suburban $2,000 and Arapahoe County $2,000. * * * * * * Acting City Manager McDivitt reported that the staff was holding discussions with the City of Littleton to remove the concrete median from Belleview to Littleton Boulevard on South Broadway. * * * * * * Acting City Manager McDivitt stated that the final bill on the construction of the sanitary sewer lift station to serve the Servicenter had been received in the amount of $3,452. Mr. McDivitt stated that this was a considerable savings from the original $6,300 contract price. * * * * * * Acting City Manager McDivitt stated that there would be a meeting of the Englewood-Littleton-Sheridan Bus Committee on June 22, 1970 at noon. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried, and the meeting adjourned at 10:46 P.M. 67