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HomeMy WebLinkAbout1966-09-19 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 19, 1966 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, September 19, 1966, in the Council Chambers, City Hall, Englewood at the hour of 8:00 P.M. Mayor Pro Tern Fullerton presiding called the meeting to order and the invoca- tion was given by the Reverend Bruce Currier of the Hampden Hills Baptist Church. The Mayor Pro Tern asked for roll call. Upon the call of the roll, the following persons were present: Co~ncilmen Hanson, Kreiling, Ludwig, Rice, Fullerton. Also Present: City Manager Dial, City Attorney Criswell, Acting City Clerk Malone. Absent: Councilmen Allen, Parkinson. The Mayor Pro Tern declared a quorum present. The Mayor Pro Tern recognized the following "Special Citizen Invitees" anq'welcomed them to the Council meeting: Mr. Harold A. Stoner, 2966 South Shoshone Street, Mr. B. O. Smith, 3303 South Marion Street, Mr. and Mrs. Joseph Wolter, 4500 South Pennsylvania Street. Mr. Sam Yoelin, Attorney for Mr. and Mrs. William S. Lauby, applicants for the transfer of Thorobred Liquors, 5050 South Federal Boulevard, was present to present the application for transfer. COUNCILMAN RICE K>VED, COUNCILMAN HANSON SECONDED, THAT THE TRANSFER OF THOROBRED LIQUORS, 5050 SOUTH FEDERAL BOULEVARD, BE APPROVED AS POLICE REPORTS, FBI REPORTS AND REFERENCES WERE FAVORABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Rice, Fullerton. Nays: None. Absent: Councilmen Allen, Parkinson. The Mayor Pro Tern declared the motion carried. (Councilman Parkinson entered and took his seat on the Council.) Mr. Jack Thomas, Chairman of the Arapahoe County Regional Library District, was present to discuss an agreement between Board of Trustees, Arapahoe Regional Library District and the City of Englewood. After discussion it was decided that action on this matter be postponed until euch a time as the Englewood Public Library Board could review the proposed contract and make a recommendation to Council. Mr. Dwight Mitchum, representing the Chamber of Commerce Business Builders Committee, was present to request permission to hold ··a carnival on the Park-N-Shop lot on October 6, 7 and 8, 1966. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE BUS!RBSS BUILDERS BE PERMITTED TO HOLD A CARNIVAL ON THE PARK-N-SHOP PARKING LOT OCTOBER 6, 7 AND 8, 1966, SUBJECT TO THE NORMAL LIABILITY INSURANCE REQUIREMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Councilman Allen. The Mayor Pro Tern declared the motion carried. Minutes of the Water and Sewer Board meeting of September 13, 1966, were received for the record. A memorandum recommending the approval of a preliminary agreement, total service agreement and Connector's agreement, between the City of Englewood, Wellshire Develop- ment Canpany and Kent Village Association for Englewood water and sewer service to area described Within was received from the Water and Sewer Board. ---------------------------------- 364 Minutes of September 19, 1966 RESOLUTION RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AGREF.MEN'l'S WITH WELLSHIRE DEVELOPMENT COMPANY AND KENT VILLAGE ASSOCIATION TO PROVIDE WATER AND SEWER TREATMENT SERVICES TO AN AREA OUTSIDE THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD AS DESCRIBED IN THOSE AGREEMENTS. WHEREAS, Section 124 and 125 of the Charter of the City of Englewood authorizes the execution by the City of Agreements to provide water services and sewer treat- ment services to areas outside of the corporate limits of the City of Englewood, sub- ject to certain terms and limitations therein contained, and WHEREAS, Council has determined that present water supply available to the City exceeds that necessary for the present needs of the inhabitants of said City, and WHEREAS, Wellshire Development Company and Kent Village Association have offered to enter into agreements with the City whereby the City would provide to the territor- ies described in said agreements, and to such additional territories, as may, from time to time, be agreed upon between City and said parties, the terms and conditions of which agreements assure to the City sufficient capacity of the sewage treatments plant for the use of the inhabitants of the City. NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk of the City of Englewood should be, and are hereby authorized and directed to enter into agreements with Wellshire Development Company and Kent Village Association, containing the same terms and conditions as are contained within copies of the Agreements attached hereto and entitled "Preliminary Agreement" "Connectors' Agreement," and "Total Service Agreement" respectively. ADOPTED AND APPROVED this 19th day of September, 1966 ATTEST: COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE ABOVE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Councilman Allen. The Mayor Pro Tern declared the motion carried. The minutes of the Parks and Recreation Conanission meeting of September 16 and 18, 1966, were received for the record. The following reconanendation was received from the Parks and Recreation Commission: that the City Council proceed inanediately with the acquisition of all proposed park lands outlined in the Federal Aid Application. After discussion in which Mr. E. P. Romans, Parks and Recreation Director, participated: COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE ABOVE RECOMMEN- DATION BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Parkinson, Rice. Nays: Councilmen Ludwig, Fullerton. Absent: Councilman Allen. The Mayor Pro Tern declared the motion carried. The Mayor Pro Tern called a recess of the Council at 9:50 P.M. The Mayor Pro Tern called the meeting to order at 10:05 P.M. with the following members present: councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Absent: Councilman Allen. The Mayor Pro Tern declared a quorum present. I I I I I I I I Minutes of September 19, 1966 The following reconunendation was received from the Parks and Recreation Commis- sion: That development of the park areas contained in the Federal Aid application be made according to the following priority: 1. Bates-Loqan 2. Dartmouth 3. Jason 4. Centennial Further, in light of the estimated $100,000 deficit, the Commission recommends to the City Council that funds from the Public Improvement budget be allocated to phase out this deficit within the time limits set tiy the federal grant. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RECOMMENDATION BE APPROVED WITH THE EXECPTION THAT CENTENNIAL PARK BE NO. 3 PRIORITY AND JASON PARK BE NO. 4 PRIORITY, IN THAT JASON PARK IS IN CLOSE PROXIMITY TO BELLEVIEW PARK AND MILLER PARK WHICH ARE AVAILABLE FOR THAT AREA. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Parkinson, Rice, Fullerton. Nays: Councilmen Kreiling, Ludwig. Absent: Councilman Allen. The Mayor Pro Tem declared the motion carried. Introduced by Councilman Kreiling A BILL FOR AN ORDINANCE APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A PROPOSED CONTRACT FOR GRANT TO ACQUIRE AND DEVELOP LAND FOR OPEN-SPACE PURPOSES AND DECLARING AN EMERGENCY. WHEREAS, under Title VII of the Housing Act of 1961, as amended, the United States of America (herein called the "Government") has tendered to the City of Englewood, Colorado (herein called the"Public Body") a proposed Contract For Grant to Acquire and Develop Land for Open-Space Purposes under which the Government agrees to make a Grant to the Public Body to aid in financing a project, designated Project No. Colo. OSC-13J and WHEREAS the Public Body has given due consideration to said proposed Contract: and 11HEREAS the Public Body is duly authorized, under and pursuant to the Constitution and laws of the State of Colorado, to undertake and carry out said Project and to execute such proposed Contract: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The proposed Contract, designated "Contract For Grant to Acquire and Develop Land for Open-Spa,!e Purposes, Contract No. Colo. OSC-13 (G)," consisting of Parts I and II, under and subject to the provisions, terms and conditions of which the Government will make and ~pen-Space Land Acquisition and Development Grant under Title VII of the Housing Act of 1961, as amended, to the Public Body ~p aid in financing the cost of a project, designated Project No. Colo. OSC-13, situateap.n the City of Englewood, Colorado, is hereby in all respects approved. Section 2. The Mayor is hereby authorized and directed to execute said proposed Contract in two counterparts on behalf of the Public Body, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Public Body on each such counterpart and to forward such counterparts to the Department of Housing and Urban Development, together with such other documents relative to the approval and execution thereof as may be required by the Government. Section 3. The Finance Director of this Public Body is hereby authorized to file requisitions, together with necessary supporting documents, with the Government, from time to time as Grant funds are required, requesting payments to be made to it on account of the Grant provided for in the Contract, and to do and perform all other things and acts required to be done or performed in order to obtain such payments. Section 4. The Public Body agrees to abide by all of the provisions, terms and conditions of said Contract. Section 5. City Council hereby finds and declares that the passage of the afore- said ordinance is immediately necessary for the preservation for the Public Health, safety and welfare to enable the city to qualify for the reimbursements agreed to be made by the contract hereinabove described and to enable the city to continue its acquisition and development program. This ordinance, therefore, shall become effec- tive inwnediately upon its final passage, pursuant to the provisions of Article V, Section 41 of the Charter of the City of Englewood. 365 • 366 • Minutes of September 19, 1966 Introduced, read in full and unanimously approved by a quorum present at the regular meeting of the City Council of the City of Englewood held on the 19th day of September, 1966. Mayor ATTEST: ~L City Clerk~ COUNCILMAN KREILING K:>VED, COUNCILMAN PARKINSON SECONDED, THAT THE PROPOSED BILL 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 Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. ·. Absent: Councilman Allen. The Mayor Pro Tern declared the motion carried. The City Attorney reported that the Board of Adjustment and Appeals had been upheld in the Lubeck case. He requested permission to cross appeal if Lubeck appeals, in view of the fact that the District Court failed to sustain the City's request to make compliance with District Court by the defendant as a part of the judgement. The City Attorney reported that all ordinances had been repealed by the recent election on angle parking and, therefore, requested permission to withdraw the appeal in the Bull vs City case. COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO WITHDRAW THE CASE OF BULL vs CITY OF ENGLEWOOD AT SUCH TIME AS HE DEEMS PROPER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Councilman Allen. The Mayor Pro Tern declared the mot1on carried. RESOLUTION DECLARING THE OPPOSITION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO THE PASSAGE OF PROPOSED CONSTITUTIONAL AMENDMENT NO. 5, RELATING TO A CONSTITUTIONAL LIMITATION UPON THE TOTAL MILL LEVY UPON ANY PROPERTY WITHIN THE STATE. WHEREAS, there shall appear on the ballot at the forthcoming general election as Amendment No. 5, a proposed constitutional amendment relating to the imposition of a limitation upon the total mill levy to which property may be subjected, and WHEREAS, this City Council has reviewed the provisions of said amendment, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, that this Council should, and does hereby, publicly declare its opposition to said proposal. BE IT FURTHER RESOLVED that this Council's opposition to said proposal is based upon the following factors, among others: 1. Whi l e everyone regrets the increases in the ad valorem tax levied by local municipalities, school districts, counties and other special districts, it must be recoqnized that these increases have, for the most part, been levied as a direct result of an increased demand for local services rendered by these units of government. 2. The proposed amendment does not place any limitation upon each governmental unit levying the tax. Rather, it "lumps" all taxing units in which any particular property is located into one group in determining whether the proposed tax levies of all units exceed the proposed limitation. It would, therefore, be almost a practical impossibility to engage in any intelligent budgetary planning • I I I I I I I I Minutes of September 19, 1966 3. The proposed limitation is not based on any study of the needs or programs of the various taxing units throughout the state, but is, instead, an "across-the- board" limitation which may, or may not, be realistic in terms of each unit's pre- sent and future programs. Indeed, the proposal runs directly contrary to the concept of a strong local government and would effectively undermine the recent proposals for granting "home-rule" to Colorado counties. 4. Even if the basic concept of the proposal merited a trial, this trial should not be in the form of an inflexible constitutional amendment. Rather, if its pro- ponents believe it would be beneficial to the people of the state, it should be subjected to a trial period ~hrough the legislative action of the General Assembly. 5. Aside from all other objections, the provisions for the administration of this amendment are just plain unworkable. In the event that the people of an area destred to allow an increased mill levy, the determination of what persons are eligible to vote in the election to authorize this increase would be well nigh impossible to be made. On the other hand, should the landowners vote against an increase in such an election, the proposal places in the hands of the Board of County Conunissioners the sole authority to determine which of the various taxing units' mill levies to be reduced. In such a situation, the County Commissioners, hold- ing as they would the "purse-strings", could effectively dictate the policies and proqrams of every other taxing district in the County. ADOPTED AND APPROVED this 19th day of September, 1966. Mayor Pro Tern ATTltST: · COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE ABOVE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Councilman Allen. The Mayor Pro Tern declared the motion carried. The City Manager presented a memorandum from the Director of Finance in regard to costs incurred in legal publication. It was the concensus of the Council that legal publications continue to be published as they now are with the Ordinance published in full. The City Manager presented a proposed letter to Mr. E. N. Haase in regard to left turns at South Bannock and Highway 70. "Mr. Ee N. Haase, District Engineer Colorado Department of Highways 4201 East Arkansas Avenue Denver, Colorado 80222 Dear Mr. Haase: September 20, 1966 The City Council, at its regular meeting of September 19, 1966, considered further the denial of left turn movements of eastbound traffic turning north on South Bannock Street as outlined in your letter of June 13, 1966. Several developments are taking place as anticipated by the City Council that permit the City to concur in this deci- ~ ion. We anticipate that, with your help, we can complete these developments and be ir. position to negate left turn movements by October 30, 1966. One of the developments that we are referring to is the opening of South Cherokee ~treet from Highway 70 north to Floyd Avenue. It is my understanding that the nighway Department is perparing to make the necessary adjustments in traffic flow 01 Highway 70 in order to acconunodate a left turn movement at this intersection. We hope that a turning movement at South Cherokee Street can be made without traffic signals and understand that you feel this is so. We are also planning for the exten- sive use of the ramp to Broadway, and Mrs. Romans, our Traffic Director, will be coordinating with your Department the installation of a traffic signal at Jefferson Avenue and Broadway. 367 368 Minutes of September 19, 1966 Thank you very much for the cooperation that your Department has extended the City of Englewood in this matter. It has been a long and drawn out endeavor, but I feel that all parties have worked to provide a reasonable and satisfactory conclusion. Sincerely, /s/ DONALD G. FULLERTON Mayor Pro Tern DFG/ij" COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT CONCURRENCE BY THE CITY OF ENGLEWOOD IN THE HIGHWAY DEPARTMENT'S DENIAL OF LEFT TURNS AT BANNOCK AND HIGHWAY 70 BE APPROVED AND SAID LETTER AUTHORIZED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Ludwig, Rice, Fullerton. Nays: Councilmen Hanson, Parkinson. Absent: Councilman Allen. The Mayor Pro Tern declared the motion carried. The City Manager reported on the benches now belonging to the City of Englewood as a result of the default on agreement by Empire Bench Company. He reported that the City has started to rehabilitate them and put them back on the public streets. A letter from the Colorado Civil Defense Agency was circulated requesting the Mayor or a Councilman to attend a three-day Community Shelter Plan Workshop at Battle Creek, Michigan. No one indicated that they could attend. Councilman Rice presented a list of sidewalks needing repairs and suggested that the City consider initiating such repair or replacement. After discussion: COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY MANAGER CAUSE TO BE ISSUED PROPER NOTICE FOR THESE SIDEWALKS TO BE REPAIRED OR REPLACED AND IF NECESSARY THAT THE CITY FOLLOW UP WITH ACTUAL CONSTRUCTION. THE ABOVE MOTION WAS RELUCTANTLY WITHDRAWN AND THE CITY MANAGER WAS REQUESTED TO RETURN TO COUNCIL WITH A COMPREHENSIVE PLAN FOR ACCOMPLISHING SUCH A PROJECT. The City Manager's monthly report for the month of August, 1966, was received for the record. COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton. Nays: None. Absent: Councilman Allen. The Mayor Pro Tern declared the meeting adjourned at 12:05 A.M. /s/ Claude D. Malone, Jr. Acting Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 19th day of September, 1966, stand approved as written this 3rd day of October, 1966. I I I I