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HomeMy WebLinkAbout1967-01-03 (Regular) Meeting Minutes428 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 3, 1967 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Tuesday, January 3, 1967, in the Council Chambers, City Hall, Engelwood, at the hour of 8:40 P.M. Mayor Allen presiding called the meeting to order and the invocation was given by Reverend William Riley of the Calvary Baptist Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Also Present: City Manager Dial, Assistant City Manager Malone, City Attorney Criswell, City Clerk Lyon. Absent: Councilmen Parkinson, Hanson. The Mayor declared a quorum present. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE MINUTES OF THE 5th, 19th and 20th OF DECEMBER BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None. Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. The Mayor recoghized the following "Special Citizen Invitees" and welcomed them to the Council meeting: Mrs. S. M. Vardemen, 1985 West Baker Avenue. Mr. J. M. Hatfield, 3612 South Cherokee Street. Mr. J. A. Mattley, 3095 South Marion Street. Mr. and Mrs. w. B. Landon, 4180 South Galapago Street. Mr. Sam Overstreet, Store Manager of King Soopers, Inc., 5050 South Federal Boulevard, appeared before Council in regard to renewal of the J.S. Dillon & Sons' Stores Company, Inc., Fermented Malt Beverage License. COUNCILMAN FULLERTON MOVED, COUNCILMAN KREILING SECONDED, THAT THE FERMENTED MALT BEVERAGE LICENSE OF THE J.S. DILLON & SONS' STORES COMPANY, INC., 5050 SOUTH FEDERAL BOULEVARD, BE RENEWED FOR A YEAR. Upon the call of the roll , the vote resulted as follows: Ayes: Councilmen Rice , Ludwig, Kreiling, Fullerton, Allen. Nays: None Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. Mrs. Elsie L. Barrent Appeared before Council requesting that the transfer of the E-Z Liquors Retail Liquor Store License from Leopoldine Deffert to Mrs. Barrent be granted. It was noted by members of the council that Mrs. Barrent's application was complete and in order except for the FBI Report which had not been received. COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE TRANSFER OF THE E-Z LIQUORS RETAIL LIQUOR STORE LICENSE FROM LEOPOLDINE DEFFERT TO ELSIE L. BARRENT BE GRANTED CONTINGENT UPON RECEIPT OF A CLEAR FBI REPORT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None. Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. I I I I I I I I Minutes of January 3, 1967 Mr. Hoopingarner, 2935 East Peakview, Littleton, Colorado and Mrs. Farnsworth, 731 South Tejon, Denver, Colorado, appeared before Council to request usage of· the Englewood City Hall for a meeting to organize a Truth About Civil Turmoil Committee on Saturday, February 25, 1967. Mr. Hoppinqarner discussed the purposes of the Truth About Civil Turmoil Committee before the City Council. COUNCILMAN KREILING MOVED THAT THE REQUEST FOR USAGE OF THE MUNICIPAL FACILITIES FOR ORGANIZATION OF A TRUTH ABOUT CIVIL TURMOIL COMMITTEE MEETING BE TABLED FOR FURTHER DISCUSSION AT A LATER DATE. The Mayor declared the motion died for want of a second. COUNCILMAN RICE MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE REQUEST OF THE TRUTH ABOUT CIVIL TURMOIL COMMITTEE FOR USAGE OF THE CITY HALL FACILITIES ON SATURDAY, FEBRUARY 25, 1967 , FOR ORGANIZATION OF A TRUTH ABOUT CIVIL TURMOIL COMMITTEE BE DENIED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Ludwig, Fullerton, Allen. Nays: Councilman Kreiling. Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE PUBLIC HEARING ON THE BILL FOR AN ORDINANCE REPEALING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO AND ADOPTING BY REFERENCE, THE REVISED MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1966, AS ADOPTED BY THE COLORADO HIGHWAY COUNCIL, WITH CERTAIN DELETIONS AND AMENDMENTS THERETO, TO PROVIDE A COMPLETE AND COMPREHENSIVE TRAFFIC CODE FOR THE CITY OF ENGLEWOOD, TOGETHER WITH THE PROVISIONS FOR THE ADMIN- ISTRATION AND ENFORCEMENT THEREOF I BE OPENED. Upon the call of the roll, the vote"" resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreilinq, Fullerton, Allen. Nays: None. Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. Mr. Jim Hanunond representing the Planning & Traffic Department was present. Mr. Jess Mattley, 3095 South Marion Street, Englewood, Colorado, appeared before Council in regard to the Model Traffic Code. Mr. Mattley stated that he had noticed there were a number of cases in which the "No Parking" area back from the stop sign varied from 10 to 30 feet. He also stated that on many resi- dential streets the restriction was not marked. Mr. Mattley stated that he felt the "No Parking" restriction should be uniform. City Attorney Criswell stated that the Model Traffic Code called for a 30 foot "No Parking " limit back from all stop signs and signals placed on the side of the street. COUNCILMAN KREILING MOVED THAT THE PUBLIC HEARING BE TABLED UNTIL THE NEXT MEETING. COUNCIL KREILING STATED HE WOULD WITHDRAW HIS MOTION UNTIL FURTHER DISCUSSION OF THE MODEL TRAFFIC CODE. City Manager Dial stated that he would do further research in regard to the 30 foot "No Parking" restriction back from stop signs and traffic signals mounted on the side of the street. City Attorney Criswell asked City Clerk Lyon if there had been three copies of the Model Traffic Code and the Bill for an Ordinance on the Model Traffic Code available for public inspection since the time of passage of the Bill for an Ordinance. City Clerk Lyon stated that there had been three copies of the Code and three copies of the Bill for an Ordinance available for public inspection in his office. City Attorney Criswell presented a memorandum on the Model Traffic Code to the City council. 429 Minutes of January 3, 1967 ''MEMORANDUM TO: CITY MANAGER, MAYOR, COUNCILMEN FROM: CITY ATTORNEY SUBJECT: MODEL TRAFFIC CODE At the last regular Council meeting, Councilman Kreiling handed to me a copy of comments upon the same prepared by an official in the State Highway Department, a copy of which is attached hereto. (see below) You will note that these cormnents raise three questions in paragraph 2 concerning the same. I have reviewed our proposed ordinance with these three comments in mind and my cormnents upon the same are as follows: 1. Sec. 25.2-3 -The statute referred to provides that local authorities may increase basic speed limits so long as the limits are not increased beyond 60 m.p.h. This limitation does not appear within our ordinance out of pure inadvertence. It might be advisable perhaps to amend the proposed ordinance at some futher date to incorporate this statutory limitation. However, assuming that the statutory limitation is valid, the statute and the ordinance must be read in conjunction with each other and the statutory limitation would be read into the ordinance. Therefore, I don't believe that this matter is of sufficient import to cause an amendment to be made to the proposed ordinance at this time and the same can be passed in its present form. 2. Sec. 25.2-5 -This section of our ordinance makes a blanket prohibition against U-turns within the City. This change in the Model Traffic Code, which allows U-turns except under certain specified conditions (such as on curves, a divided street, etc.,) was made upon the recommendation of both the Chiefs of Police and the Traffic Director. Of course, with such a blanket prohibition, it would be physically impossible to post every street in the City. While I won't go into a long discertation at this point, I might say that there is a considerable doubt in many attorneys' minds (including this one's) as to the authority of the State legislature to compel uniformity in traffic regulations of a purely local nature in home-rule cities. I consider the matter of u-turns to be purely a matter of local concern and in my opinion our ordinance is completely valid in this respect. If it is not, then we may have to amend it at some time in the future, but, in view of the impracticability of the posting of thousands of signs prohibiting U-turns, it is my opinion that we should take a "chance" upon this portion of the ordinance. 3. Sec. 25.2-6 -This section is, as you will note, the provisions of People's.Ordinance Number 1, Series of 1966 passed at the election in last September. In view of our Charter _provisions, we cannot change the wording of this Ordinance and, therefore, could not specifically set forth in this section the limitation upon the traffic regulations on a State Highway. However, even though this specific section does not express the necessity for approval by the State Highway Department for angle parking on State Highways, you will note that the provisions of Section 25.3-9 specifically provide that "all traffic and parking regulations" on streets which are a part of the State Highway System "shall be subject to the approval of the State Department of Highways before be- coming effective". Therefore, before angle parking could be instituted upon State Highways, Section 25.3-9 would require the approval thereof by the State Highway Department and, in my opinion, "squares" with the statutory limitation in this regard. " December 19 , 1966 ARP: /s/ John A. Criswell City Attorney" I have reviewed the proposed Traffic Ordinance (Series of 1966) of the City of Englewood insofar as its provisions relate to traffic regulation and control and offer the following comments: (1) As a whole the document has been closely correlated with the Model Traffic Code. For the most part modifications are minor to adjust to the type of traffic organization in the City. (2) There are a few items that might be subject to question or warrant some discussion: I I I I I I I I Minutes of January 3, 1967 Sec. 25.2-3 Reason for deleting the statutory limitation of 60 m.p.h. in altering basic speed limits, as described in 13-5-34(2) C.R.S. 1963. Sec. 25.2-5 Question whether a blanket prohibition of U-turn upon all streets , regardless of conditions, can be imposed without the necessity of signs giving notice thereof. See 13-5-7(2) and 13-5-12(2) C.R.S. 1 963 as amended: also 13-5-46 C.R.S. 1963. Sec. 25.2-6 Desirable to provide for State Highway Commission approval of angle parking on State Highway as required by 13-5-74(3) C.R.S. 1963 as amended. (3). City of Englewood should be commended for the painstaking effort in adopting the 1966 Model Code and modifying the same only insofar as necessity dictates for proper application in the City. /s/ J.A.V. Councilman Ludwig called the City Councils' attention to Section 4-8 of the Model Traffic Code. Mr. Ludwig stated that this section applies to emergency vehicles. These vehicles are not subject to normal speed limits under the Model Traffic Code. Mr. Ludwig stated that he felt that in many cases ambulances exceeding the speed limit actually had caused more harm and injury than had saved lives. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE PUBLIC HEARING ON THE MODEL TRAFFIC CODE BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. Introduced as a Bill by Councilman Rice. BY AUTHORITY ORDINANCE NO. l, SERIES 1967 AN ORDINANCE REPEALING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO , AND ADOPTING, BY REFERENCE, THE REVISED MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES . 1966, AS ADOPTED BY THE COLORADO HIGHWAY COUNCIL, WITH CERTAIN DELETIONS AND AMENDMENTS THERETO, TO PROVIDE A COMPLETE AND COMPREHENSIVE TRAFFIC CODE FOR THE CITY OF ENGLEWOOD, TOGETHER WITH THE PROVISIONS FOR THE ADMINISTRATION AND ENFORCEMENT THEREOF. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 1 SERIES 1967, BE PASSED ON SECOND AND 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 Rice, Ludwig, Kreiling, Fullerton, Allen. • Nays: None. Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. The Minutes of the Water and Sewer Board Meeting of December 20, 1966, were received by the City Council with three memoranda attached. City Manager Dial discussed the first memorandum which recommended that an easement be executed for the construction and maintenance of a sanitary sewer line across a portion of the Bear Creek Filter Plant and the second memorandum which recommended that certain described lands be included in the Valley Sanitation District with the City Council. COUNCILMAN FULLERTON MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY COUNCIL APPROVE AND ADOPT THE WATER AND SEWER BOARD'S RECOMMENDATIONS AS PRE- SENTED IN THE FIRST AND SECOND MEMORANDA TO THE CITY COUNCIL. Upon the call ' of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. 431 432 Minutes of January 3, 1967 A memorandum from the Water and Sewer Board reconunending that a lease agreement between the City of Englewood and Englewood Lions Club Swimming Pool, Inc., be executed was received for the record by the City Council. Copies of Paving District No. 16 Final Assessment Data and a Time Schedule for completion of the district were received for the record by the City Council. "TIME SCHEDULE FOR COMPLETION OF PAVING DISTRICT #16 Monday, February 20, 1967 Thursday, February 23, 1967 Thursday, March 2, 1967 Thursday , March 9, 1967 Monday, March 27, 1967 Monday, April 3, 1967 Thursday, April 6, 1967 Monday, April 17, 1967 Thursday, April 20, 1967 Saturday , May 20, 1967 Monday, May 22, 1967 Resolution authorizing publishing of notice of completion and calling for public hearin;. Notice of completion and list of assessments published first time. Second publication. Third publication. Public hearing on assessments. (Will have to be a special Council meeting.) Bill for ordinance assessing costs. Publish as a Bill Consider Bill for ordinance on second reading. Publish as an ordinance. Ordinance in full force and effect. Last day for payment in full to receive 5% discount." City Attorney Criswell stated that he had not completed his review of the Veterans Preference allowance to be granted to veterans of the Vietnam conflict and that he would report on this subject to the City Council at a later date. City Manager Dial discussed Englewood-Littleton-Ft. Logan Bus Line with Council. Mr. Dial stated that he had been contacted by Mr. Ernest Herbertson, owner of the bus line. Mr. Herbertson had recently taken over management of the bus line upon the illnesa of Mr. Goodman, who had operated the line for the past 18 months. Mr. Dial atated that from the preliminary information prepared by the Finance Director, it appeared that the bus line is in need of financial assistance. Mr. Dial also stated that Mr. Herbertson was asking that the City of Englewood write a letter to the Public Utilities Commission supporting the transfer of the managership of the bus line from Mr. Goodman to Mr. Herbertson. Mr. Herbertson appeard before the City Council and stated that he hoped that the Cities of Littleton and Englewood would purchase liability insurance and all or part of the gasoline used in the bus line operations. This, he stated, would appreciably assist him in the operation of the line. Discussion ensued. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MAYOR BE AUTHORIZED TO SIGN A LETTER TO THE PUBLIC UTILITIES COMMISSION STATING THE CITY COUNCIL'S CONCURRENCE WITH THE TRANSFER OF THE LICENSE TO OPERATE THE ENGLEWOOD- LITTLETON-FT. LOGAN BUS.LINE FROM MR. GOODMAN TO MR. ERNEST HERBERTSON. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None. Absent: Councilmen Parkinson, Hanson. The Mayor declared the motion carried. City Manager Dial stated that the salary of the Municipal Court Judge was presently $375.00 and that the 1967 budget called for a salary of $400.00. He stated that in order for this increase to be made it would be necessary for the City Council to give their formal approval. It would also be necessary for the Council to take formal action to make the 5% cost of living increase which applied to all Career Service employees applicable to the Municipal Court Clerk. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE SALARIES OF THE MUNICIPAL JUDGE AND THE COURT CLERK BE RAISED IN ACCORDANCE WITH THAT WHICH IS SET FORTH IN THE 1967 BUDGET. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None •.. I I I I I I I I Minutes of January 3, 1967 Absent: councilmen Parkinson, Hanson. The Mayor declared the motion carried. City Manager Dial discussed with the City Council the anticipated revenue shortages of the 1967 Fiscal Year. It was the concurrence of the City Council that the City Manager hold within the budgetary reductions as set forth in his memorandum of December 5, 1966, to the City Council until such time as the City council made a decision upon the necessary budgetary reductions. City Manager Dial discussed the various vacancies on the Boards and Commissions which would occur during the 1967 calandar year with the City council. City Manager Dial stated that there would be an Arapahoe Mayor's Dinner Meeting Thursday evening, January 5, 1967. Mayor Allen stated that he had received a letter from Daniel Enterprises, Inc., concerning cable television within the City of Englewood. COUNCILMAN LUDWIG MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Ludwig, Kreiling, Fullerton, Allen. Nays: None. Absent: Councilmen Parkinson, Hanson. The Mayor declared the meeting adjourned at 11:39 P.M. The minutes of the meeting of the City Council of the .City of Englewood, Colorado, held on 3rd day of January, 1967, stand approved as ~o-tt ·e-e"'ted>·'tn -i .fi s 24th day of February, 1967.