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HomeMy WebLinkAbout1970-07-06 (Regular) Meeting Minutes68 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 6, 1970 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Father Murphy of the St. Louis Catholic Church. Pledge of Alleginace was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following were present: councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Absent: Councilman Kreiling. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MINUTES OF JUNE 15, 1970 BE APPROVED AS READ WITH AN AMENDMENT TO PAGE THREE STATING THAT COUNCILMAN BROWN REENTERED THE COUNCIL CHAMBERS AT 9:40 P.M. RATHER THAN 10:40 P.M. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. ****** Mayor Schwab recognized Mr. William R. Howe, 4935 South Delaware Street, from the list of special citizen invitees. Mr. Howe stated that there were considerable traffic problems created by making left hand turns into Cinderella City off of U.S. 285. * * * * * * Mr. Leo Hamel, 4401 Wagon Trail Drive, and Mr. Robert Marshall, 12970 West 15th Drive, Golden, Colorado, appeared before City Council in regard to the parking limitations recently imposed by the City near the intersection of South Santa Fe Drive and West Union Avenue. Mr. Hamel and Mr. Marshall, employees of Ragsdale Tool & Die, 4535 South Santa Fe, stated that they had parked on West Union Avenue until the City had limited parking. They discussed the hardship caused by the parking limitation and traffic problems within the area. City Manager Dial stated that West Union Avenue in the area in which parking had been prohibited had been saturated with parked vehicles and junk cars, sight visi- bility was limited and cars were not well parked off the traveled way. Mr. Dial stated that the removal of parking had improved these situations considerably. City Council discussed the matter with Mr. H~~el and Mr. Marshall. * * * * * * Mr. Bruce Heider of Walter E. Heider & Company appeared before City Council and formally presented the 1969 audit and management letter. Mr. Heider discussed the management letter with members of Council. City Manager Dial stated that the recommendations contained in the letter would be reviewed in the 1971 budget process. * * * * * * Mr. John Ferguson, president of the Englewood Lions Club, appeared before City Council and presented a letter concerning the Lions Club zoo at Belleview Park. Mr. Ferguson stated that the zoo was a losing proposition and he requested $2,000 contribution from the City of Eng~ewood to maintain the zoo's operation. Mr. Ferguson stated that the Lions Club would continue with its present support of the zoo a~d the train. Councilman Lay suggested that the request of the Lions Club be taken under advisement a~d a decision reached at a later Council meeting. * * * * * * I I I I I I I I July 6,.1970 Mr. Jack L. Clasby, Chief of Police, appeared before City Council and introduced the following members of the Englewood Police Department's four-man pistol team to City Council: Sergeant Robert Penney Sergeant Leon Mull Officer William Belt Officer Randall Carson. RESOLUTION NO. 18, SERIES OF 1970 A RESOLUTION CONGRATULATING AND COMMENDING THE ENGLEWOOD POLICE OFFICERS FOR THEIR PERFORMANCE IN THE STATE CHAMPIONSHIP POLICE MATCH. (Copied in full in the official Resolution Book.) Sergeant Penney, on behalf of the officers, thanked the City Council for its support of the team and its expression of appreciation. City Manager Dial stated that the team had been obtaining funds from local private sources to finance their attendance at the national pistol competition to be held in Jackson, Mississippi. Mr. Dial stated that with the approval of City council he believed the City c ould find any additional needed funds to sponsor the trip to the national competition COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 18, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING TO ADOPT THE MUNICIPAL CODE BY REFERENCE BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried, and the public hearing opened at 9:05 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) The following individuals appeared before City Council in regard to the adoption of the revised Municipal Code: Mr. John A. Criswell, attorney, 3755 South Br~adway. Mr. Criswell discussed the revised Municipal Code and presented a memorandum dated July 6, 1970 with three attachments to City Council. Mr. George Johnston, 2401 South Pecos. Mr. Johnston discussed the enforcement of the revised Municipal Code. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried, and the public hearing closed at 9:35 P.M. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried, and the public hearing opened at 9:36 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) July 6, 1970 (Councilman Kreiling entered the Council Chambers at 9:39 P.M. and took his seat with council.) Listed below are the items presented to City Council in regard to the rezoning: 1. A memorandum from Mrs. D. A. Romans, Acting Director of Planning, dated July 2, 1970 concerning the rezoning. 2. An aerial photo of the subject area. 3. A map of the subject area. 4. A protest petition filed with the Planning Conunission at their hearing on May 19, 1970. 5. A memorandum dated May 20, 1970 to Mr. Kells Waggoner, Director of Public Works from Mrs. D. A. Romans, Acting Director of Planning, concerning the testimony at the hearing on May 19, 1970. 6. A sununary of the annexation and zoning history of the subject area. Mrs. D. A. Romans, Acting Director of .Planning, appeared before City Council and reviewed the proposed rezoning. Mrs. Romans indicated to Council that there was an error in the notice of public hearing which was posted on the subject area. Mrs. Romans stated that those citizens who were opposed to the rezoning might object to the fact that an error was made. Discussion ensued. Mr. William F. Manning, 1540 West Tufts, appeared before City Council and requested that the area be properly posted and that the public hearing be postponed until this was done. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING BE CLOSED AND THAT AUGUST 3, 1970 BE ESTABLISHED AS THE NEW PUBLIC HEARING DATE. Mr. Richard L. Eason, attorney, 3311 South Broadway, appeared before City Council and stated that he was in agreement with Council that the public hearing be reestablished. 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 public hearing closed at 9:56 P.M. (See further motion pertaining to the hearing date at the end of the City Council meeting.) * * * * * * The minutes of the Planning and Zoning Conunission meeting of June 2, 1970 were received for the record. * * * * * * The minutes of the Parks and Recreation Conunission meeting of June 17, 1970 were received for the record. * * * * * * The minutes of the Board of Career Service Conunissioners meeting of June 18, 1970 were received for the record. ****** The minutes of the Library Board meeting of June 9, 1970 were received for the record. * * * * * * Mr. Robert Baker, attorney, and Mr. Jerry Sturm, 3184 Edgemore Drive, appeared before City Council in regard to the Peanut Barrel, 3535 South Huron. Mr. Baker requested that the current license be allowed to transfer from Mr. Thomas J. Nomina to Peanut Barrel, Inc. dba Holly South. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE CURRENT LICENSE OF THE PEANUT BARREL, 3535 SOUTH HURON, BE REISSUED TO THE PEANUT BARREL, INC. DBA HOLLY SOUTH. 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 July 6, 1970 City Attorney Berardini stated that Mr. Don Hanneman had resigned effective July l, 1970. Mr. Berardini introduced Mr. George B. Le~, Jr. who had been appointed Assistant City Attorney and prosecuting attorney for Municipal Court effective July 21, 1970. Mr. Lee appeared before City Council. City Attorney Berardini stated that Mr. Lee had previously been municipal j udge for the City of Aurora and that he would resign that position on July 20, 1970. * * * * * * City Manager Dial introduced Mr. Dean Peterson from the Colorado State Highway Department. Mr. Dial stated that Mr. Peterson was taking graduate course work in public administration and as a part of his work was attending the Englewood City Council meeting. * * * * * * City Attorney Berardini presented the opinion of Judge Foote concerning the action brought by Mr. Leslie E. Howe, Sport Bowl, 3295 South Broadway, against the City of Englewood to cause the issuance of a 3.2 beer license to Mr. Howe. Mr. Berardini stated that Judge Foote had ruled that the State's 3.2 beer act takes precedence over the City of Englewood's ordinances which prohibit Mr. Howe from holding a license and that the Judge had ordered that the City issue said license. It was the consensus of City Council that the City Attorney change the City Code by removing the restriction prohibiting the issuance of 3.2 beer licenses within 500 feet of a public or parochial school. * * * * * * A proposed bill for an ordinance increasing the sales tax from two cents to three cents was presented by City Attorney Berardini and discussed by Council. Introduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE AMENDING SECTIONS 16.5-3(a), 16.5-10, 16.5-16(c), 16.5-17, 16.5-20(b) AND 16.5-38 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO INCREASE THE TAX LEVIED BY SAID SECTIONS FROM TWO (2) CENTS ON EACH FULL DOLLAR AND OF EACH RETAIL SALE OR ACQUISITION CHARGE, TO THREE (3) CENTS FOR EACH FULL DOLLAR THEREOF: ESTABLISHING A SCHEDULE FOR THE COLLECTION OF SUCH TAXES WHERE THE SALES PRICE OR ACQUISITION CHARGE OF ANY TAXABLE ITEM INCLUDES A FRACTIONAL PART OF A FULL DOLLAR SEGREGATING AND USING SAID ADDITIONAL REVENUES FOR CAPITAL IMPROVEMENTS EXCLUSIVELY DECREASING THE VENDOR'S FEE FROM 2.5% TO 1.6% AND INCREASING THE ITINERANT VENDOR'S FEE FROM FORTY ($40.00) DOLLARS TO SIXTY ($60.00) DOLLARS. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE 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, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reconunended that the City purchase a tax certificate giving ownership to two lots in Southlawn Gardens. Mr. Dial stated that the cost of the certificate was $1,100 and that the land could be used in the future park development near the ditch running through Block 13 of Southlawn Gardens. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE RECOMMENDATION THAT THE CITY PURCHASE A TAX CERTIFICATE FOR TWO LOTS IN SOUTHLAWN GARDENS AT A COST OF $1,100 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. * * * * * * July 6, 1970 RESOLUTION NO. 19, SERIES OF 1970 A RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH 'THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF .AMERICA, FOR A GRANT UNDER THE URBAN MASS TRJtiSPORTATION ACT OF 1964, AS AMENDED. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 19, 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. * * * * * * RESOLUTION NO. 20, SERIES OF 1970 A RESOLUTION INCREASING THE HOURS OF OPERATION OF THE MUNICIPAL COURT~ INCREASING THE COMPENSATION OF THE ENGLEWOOD MUNICIPAL JUDGE, THE ASSISTANT CITY ATTORNEY, AND ESTABLISHING THE MUNICIPAL COURT CLERK AT GRADE 16. (Copied in full in the official Resolution Book.) COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 20, 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. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 20, SERIES OF 1970 BE .AMENDED BY ADDING TO SECTION 3 AFTER THE WORD JUDGE THE FOLLOWING, "OR $65.00 PER DAY." 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. * * * * * * RESOLUTION NO. 21, SERIES OF 1970 A RESOLUTION APPROPRIATING ADDITIONAL FUNDS FOR THE EXTENSION OF MUNICIPAL COURT OPERATIONS BY EIGHT HOURS PER WEEK. (Copied in full in the of-ficial Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 21, 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. * * * * * * City Manager Dial reported that City Attorney Berardini is preparing an ordi- nance setting forth guidelines for approval by the Water and Sewer Board of encroach- ments on City property under the control of the Utility Department, specifically, the City Ditch. * * * * * * I I I I I I 'I I July 6, 1970 RESOLUTION NO. 22, SERIES OF 1970 A RESOLUTION ESTABLISHING BONDS FOR EMPLOYEES OF THE CITY OF ENGLEWOOD IN ACCORDANCE WITH THE REVISED CITY CODE OF THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 22, 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. * * * * * * city Manager Dial presented a memorandum from Mr. Kells Waggoner, Director of Public Works, and Mr. Stephen A. Lyon, Director of Finance, recommending that certain traffic signal equipment be exempt from the bidding procedure. Mr. Dial discussed the reasons for the recommendation. It was the consensus of City Council that an ordinance be prepared following the recommendation. * * * * * * Mr. Stephen A. Lyon, Director of Finance, gave a report concerning flood insurance, flood plain zoning, and the Urban Drainage and Flood Control District for the City of Englewood. It was the consensus of City Council that no action be taken in pursuit of obtaining flood insurance at this time. * * * * * * City Manager Dial requested the approval of the attendance of Fire Chief Hamilton to the 9th Annual International Association of Fire Chiefs Conference in Seattle, Washington, August 9 through 13, 1970. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE ATTENDANCE OF FIRE CHIEF HAMILTON TO THE 9TH ANNUAL INTERNATIONAL ASSOCIATION OF FIRE CHIEFS BE APPROVED AS REQUESTED. 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. * * * * * * City Manager Dial reported that Colorado Day would be on August 3, 1970 and that this would necessitate the rescheduling of the public hearing on the rezoning which had been previously set for August 3, 1970. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE NORTHWEST CORNER OF WEST THOMAS AVENUE AND SOUTH BEVERLY DRIVE FROM R-4 TO I-1 BE SCHEDULED FOR THE FIRST OFFICIAL MEETING OF THE ENGLEWOOD CITY COUNCIL IN AUGUST, 1970, AT 8:00 P.M. 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. ****** City Manager Dial stated that he had received a request from the downtown merchants to utilize sidewalks in the 3300 -3400 blocks of South Broadway and adjacent streets during Old Fashion Bargain Days, July 16 through 18. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE USAGE OF CITY SIDEWALKS FOR MERCHANT DISBLAYS AND SALES DURING OLD FASHION BARGAIN DAYS, JULY 16 THROUGH 18 IN 'rHE VICINITY OF THE 3300 JND 3400 BLOCKS OF SOUTH BROADWAY BE AUTHORIZED. 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. * * * * * * ,.,3 ' 74 July 6, 1970 City Manager Dial stated that a Utility franchise check in the amount of $34,500 had been received from the Public Service Company for the previous quarter. * * * * * * City Manager Dial discussed the establishment of a study session on July 27, 1970. * * * * * * City Manager Dial stated that the recent ruling by the Colorado Supreme Court overturning the Mountain States Telephone rate increase was due in large part to the efforts of the Colorado Municipal League and City and County of Denver in appeal- ing the original rate increase granted by the Public Utilities Commission. * * * * * * City council discussed a proposed traffic study of traffic within the Englewood area. * * * * * * Councilman Kreiling stated that he had attended a public hearing earlier in the evening in Greenwood Village concerning the extension of South Clarkson from Broadway to Orchard Road. Mr. Kreiling stated that the reaction of those citizens attending the meeting was not favorable. * * * * * * Councilman Lay expressed his appreciation for the sympathy and courtesy he had received by the Council and administration after the passing of his father. * * * * * * Councilman Lone stated that he wished to thank members of City Council on behalf of the Englewood Jaycees for their contribution to the fireworks display and for the utilization of Centennial Park. * * * * * * COUNCILMAN BROWN 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 11:35 P.M. I I