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HomeMy WebLinkAbout1967-06-19 (Regular) Meeting Minutes544 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JUNE 19, 1967 The City council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, June 19, 1967, at the hour of 8:00 P.M. Mayor Allen, presiding, called the meeting to order and the invocation was given by the Reverend Marvin Adams of the Emmanuel Methodist Church, 2700 Downing Street. The Mayor asked for roll call. Upon the call -of the roll,· the following persons were present: Councilmen Rice, Parkinson, Hanson, Fullerton, Allen Also Present: City Manager Dial City Attorney Criswell City Clerk Lyon Absent: Councilmen Ludwig, Kreiling The Mayor declared a quorum present. • Mayor Allen recognized the following "Special Citizen Invitee" and welcaned him to the meeting: Mr. Irving J. Mock, 2285 West Iliff Avenue. Mr. Richard H. Simon, attorney representing Mountain States Video, passed out a packet regarding cable television _to members of the City Council. Mr. Simon stated that Denver is one of the areas frozen to CATV by the Federal Canmunications Conunission. (Councilman Ludwig enaered the Council Chambers at 8:07 P.M. and took his seat on the Council.) Before cable television can enter the area, approval from the FCC must be obtained. Mr. Simon introduced Mr. Walter Koch, General Counsel for Mountain States Video. Mr. Simon stated that Mountain States Video, Inc., was requesting a perm'it from the City of Englewood, not a franchise. He further discussed the .background o~ the firm and members of its Board of Directors. Mr. Simon presented Mr."' Bill Daniels, President of Mountain States Video to the City Council. Mr. Daniels discussed CATV and gave a thirty minute slide presentation. Upon conclusion of the presentation, Mr. Daniels stated that his firm will ,post bond to indemnify the City against any copyright litigation. He further stated that they had agreed to pay Jefferson County 4% of gross monthly receipts. This could yield, over a period of ten years, approximately $121,000 to the City of Englewood. Members of the City council discussed the proposal with Mr. Daniels. Mrs. Edna Tourtelot, 2791 South Ogden Street, inquired of Mr. Daniels what his installation would do to KRMA Educational Channel 6. Mr. Daniels stated that KRMA was concerned that the importation of ·san Francisco and Los Angeles educational TV channels would have a bad effect on its programs. After further discussion Mr. Daniels thanked members of the City Council for · letting him appear. Mayor Allen referred Mr. Daniel's application to Councilman Parkinson's canmittee on cable television for their reconunendation at the next meeting. Mrs. Edna Tourtelot, 2791 South Ogden, appeared before the City Council. Mrs. Tourtelot passed out a bibliography concerning CATV. Mrs. Tourtelot urged Council not to make any hasty decisions concerning the granting of a CATV license, permit, or franchise. CATV, she stated, gives much of what we already have, much of which is not good. Mrs. Tourtelot quoted from a number of studies concerning educational television. She also stated that she felt CATV did not take advantage of the newly developed satelite tech- nology. Mr. Carl Avery, 4972 South Galapago Street, appeared before the City council. Mr. Avery stated that when he purchased his home in 1955 he had a problem with dragging the bumper of his car in his driveway. In 1957 he called the City and received permission to put a plank in the gutter. He stated that the plank had been there for over 10 years but that he has been requested by the City to remove it. I I I I I I I I Minutes of June 19, 1967 Councilman Rice passed out pictures of the plank in the gutter to members of the Council. Discussion ensued. Councilman Rice suggested that the plank be left in place so long as it did not create a hazard and was kept in good condition. It was the consensus majority of Council not to take any action changing the City's policy and Ordinance regarding removal of planks and other items placed in gutters. A letter from Mullins Broadcasting Company, 1089 Bannock Street, Denver, Colorado, regarding CATV was received for the record. Mayor Allen read from a letter fran Mr. M. M. Smmners, 3140 South Delaware Street, regarding liquor license hearings and petitions. City Council Englewood, Colorado Gentlemen: 3140 So. Delaware Englewood, Colorado May 1st, 1967 Referring to the action of the council in requiring persons appearing before the council at liquor hearings to make statements under oath. District Judge Rebert Lee in a liquor case appealed from the local council ruled the Englewood City council had no authority to require such evidence be taken under oath. In the case wherein Anthony A'Costa appealed a denial of approval of a liquor license by the Englewood City Council Judge Lee ruled as follows: The Court further finds that there is no statutory or city charter or ordinance requirement that evidence taken at such hearings be under oath or be transcribed •••••••••••••.• Also, the provisions set by the statutes relating to liquor hearings makes no such requirements but simply states that protests mat be made by "petitions, remonstrances or otherwise", meaning any manner in which the protestor wishes to choose. I -Respectfully,· ~ '1 • · · /s/ M. · "M _,.Summers M. M. Summers City Attorney Criswell conunented that the Court's decision referred to in Mr. Summer's letter does not support the statement that Council did not have any authority to require sworn statements or transcripts. Mr. M. M. Summers appeared before the City Council. Mr. Summers stated that he wanted to clarify that he was not raising any objections to the City Council taking transcripts of the liquor license proceedings. The minutes of the Public Library Board meeting of June 13, 1967, with a memorandum recommending that a bookmobile be purchased utilizing the $16,500 presently on hand plus approximately $4,500. COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY COUNCIL CONCUR WITH THE LIBRARY BOARD RECOMMENDATION TO PURCHASE THE BOOK- MOBILE AND THAT $4,500 ADDITIONAL FUNDS BE OBTAINED FROM THE LIBRARY DEPART- MENT BUDGET. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Fullerton, Allen Nays: None Absent: Councilman Kreiling The Mayor declared the motion carried. A letter from Councilman Ludwig regarding left turn movements at South Bannock Street and Highway 70 was received for the record by the City council. 545 546 Minutes of June 19, 1967 Dear Fellow councilmen and all interested persons: In light of the complications and events surrounding the left turning movements at Bannock and Hi Way 70, I am compelled by my obligations to each of you to state my position on the matter and to set forth the line of reasoning that leads me to the same. Let me first state, and the records of Council bear it out, that I concur with each and every action taken by Council on this question to date. At the next meeting of council I shall vote to restore the left turning movements at Bannock and Hampden. On the face of it this seems to be a reversal of my previous position but actually comes as a result of the continuation of the reasoning I have attempted to follow right along. For the sake of brevity I'll set forth my reasoning in this letter rather than attempting to extemporaneously state it. 1. We are involved in a three way reciprocal obligation~ one with the State Hi Way borne out of committment~ to them, one with the merchants in the core area, and one with the citizens of Englewood in general. 2. The recent Law Suit has generally aligned the State Hiway and the City of Englewood on one side and the merchants of the core area on the other. 3. The decision of the District Court was in favor of the Merchants. 4. Because of the timing of the Court Decision, the regular meeting night of council and the timing of certain court procedures, it would have been inappropriate for the Council of Englewood to restore the left turning movement at our last meeting thereby presenting the Hiway Department with a . "fait accompli" at the very moment it was to petition the court for a stay of execution of its order. 5. I understand that ordinarily the court grants only a 10 day stay in order to file subsequent pleadings, in this case it granted 20 days. 6. There were no pleadings filed in the District Court on time to stay the execution more than the 20 days. 7. The original stay has expired, and there are no further orders stating to the City that it cannot carry out the Judges order. 8. There are now filed motions which cannot be heard until Judge Naugle returns from vacation and I understand that July 6 is the date set down to hear these motions. 9. Under these circumstances, in fairness to all concerned, the council should order the immediate compliance with the order of the Court and direct the Traffic Manager to re-install the left turning movement and give the merchants that which they have won. 10. To do otherwise would suggest malingering on the part of Council and would "fly in the face" of orderly procedure. I would be happy to discuss any of the above in greater detail, with any of you should you so desire. Respectfully yours, /s/ Ray c. Ludwig Councilman Ludwig summarized his letter and discussed it with the Council. COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE TRAFFIC MAllAGER BE INSTRUCTED TO IMMEDIATELY RESTORE LEFT TURN MOVEMENTS AT SOUTH BANNOCK AND HIGHWAY 70 PURSUANT TO THE ORDER OF THE COURT. Discussion ensued. COUNCILMAN PARKINSON MOVED, THAT COUNCILMAN LUDWIG'S MOTION BE AMENDED TO READ THAT THE COUNCIL GO ON RECORD AS HAVING NO DESIRE TO PROHIBIT LEFT HAND TURNS AT SOUTH BANNOCK AND HIGHWAY 70. Further discussion ensued. Mayor Allen declared Councilman Parkinson's amendment to Councilman Ludwig's motion died for lack of a second. Upon the call of the roll on Councilman Ludwig's motion, the vote re- sulted as follows: Ayes: Councilmen Ludwig, Hanson, Fullerton I I I I I I I I Minutes of June 19, 1967 Nays: Councilmen Rice, Parkinson, Allen Absent: Councilman Kreiling The Mayor declared the motion lost because of a tied vote. The minutes of the Board of Adjustment and Appeals meeting of May 10, 1967, were received for the record by the City Council. BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1967 AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD BY ADDING THERETO NEW SECTIONS 25.5-5 AND 25.5-6 TO PROHIBIT UNAUTHORIZED PARKING OF MOTOR VEHICLES UPON PRIVATE PROPERTY. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT ORDINANCE NO. 13, SERIES OF 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, Parkinson, Hanson, Ludwig, Fullerton, Allen Nays: None Absent: Councilman Kreiling The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1967 AN ORDINANCE APPROVING AND RATIFYING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MANLEY, INC., RELATING TO A CONCESSION STAND TO BE LOCATED AT BELLEVIEW PARK AND DECLARING AN EMERGENCY. COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 14, SERIES OF 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, Parkinson, Hanson, Ludwig, Fullerton, Allen Nays: None Absent: Councilman Kreiling The Mayor declared the motion carried. City Attorney Criswell stated that it had been called to his attention that various newspapers racks and stands are present on public right-of-way. These stands do not have the permission of the City Council and such permission may be required if the City Council would so desire. The City Council discussed Mr. Criswell's report. It was the consensus of Council that City Manager Dial determine what regulatory measures were being taken by other municipalities in regard to newspapers racks and stands in public right-of-way. City Attorney Criswell presented a letter to the Council from Mr. Joseph M. Montano, special counsel to the City of Englewood, in regard to condem- nation of the Rouse property at the Dartmouth Park site. Mr. Criswell stated that the letter contained new revised information concerning appraisal of the property and he wished some direction from Counci~. Mr. John A . Criswell, Esquire Myrick, Criswell and Branney Attorneys at Law 3755 South Broadway Englewood, Colorado 80110 June 15, 1967 RE: City of Englewood vs. Kenneth T. Rouse, et al., District Court, Arapahoe County No. 25647 547 548 Minutes of June 19, 1967 Dear John: This will confirm my telephone conversation with you, at which time I indicated to you that I had met with Messrs. Watson A. Bowes and Earl Baughar to discuss the valuation problems which exist in connection with the captioned condemnation case. I, of course, visited the premises and have examined them: and, after consulting with Mr. Bowes and Mr. Baughar, feel that there are some disadvantages and advantages from the standpoint of the City. First of all, I would like to point out sane of the factors which I think are not conducive to a good verdict in this case .• They are as follows: 1. The date of valuation has not been set as there has been no taking of the property as yet. The longer the date of valuation is delayed the more chance there is of property values increasing in the area. 2. The property has good zoning, i.e., it is zoned all-industrial. 3. It adjoins a shopping center, which may have a tendency to in- fluence its value. 4. A 7% lease was entered into on the property abutting the Rouse property. This lease would tend to indicate a higher value of land over and above the appraisal of Mr. Baughar and Mr. Bowes. Messrs. Baughar and Bowes have valued the property at about $108,000. Utilizing the criteria of the lease and discounting it 10% (in other words, determining the present worth of future benefits since the owner would be paid in full at the time of the condemnation), this would develop a value in the neighbor- hood of $170,000. I am told, however, that this lease may not have been an open market lease and there are other factors involved which would indicate that the lease was for more than what the market would show. Accordingly, even if admitted· in evidence, it might carry little weight. The factors which will be to the City's advantage are as follows: 1. The topography of this property is not good because a creek runs through it. (A portion of this low ground has been filled since the appraisal.) 2. A railroad adjoins it. This would have a tendency to devaluate the property. 3. I feel that the Commission, which is composed of Messrs. Besset~e, Garvin and Dittemore, might be more sympathetic towards the City's position. However, you know as well as I that it is indeed difficult to predict what any fact-finding body will do. In view of the lapse of time between the date of the reappraisal - August 2, 1966, and the current date, Mr. Baughar and Mr. Bowes have indicated to me that it is their opinion values have increased 10 to 15% between August of 1966 and the current date. With an estimated in- crease of 10 -15%, the appraisal would fall into a bracket of $118,800 - $124,200. Accordingly, it would be my recommendation that the City attempt to settle this case between these fwo figures. With rare exception, the high testimony of the condemnor is generally the floor of the verdict so that the best possible verdict in this case would be in the neighborhood of $118,800 to $124,200. In addition to this figure, the City would have to pay for Commissioners' fees which will average between $100 to $175 per day per Commissioner. I would estimate that the trial in this case would take about three days. The payment by the City for Commissioners' fees. therefore, could well be in the vicinity of $1200. In addition, the City would have to incur costs of trial for its own expert witnesses. These costs will vary, of course, but for a three day trial the City could very well be expected to pay between $600 -$1000. This does not include an amount for bringing the appraisal up to date which, I understand, would be necessary in any event in order to obtain Federal participa• tion. Also, the City would have to pay attorney fees for the trial of the case itself. I I I I I I I I Minutes of June 19, 1967 RE: Rouse property Bear in mind that the condemner also has to pay reasonaJble costs and expert witness fees of the landowner. There is another appraisal that was made by Mr. Richard Duthie, who, in July of 1966, put a value of $100,000 on the property, or $8000 less than Mr. Bowes and Mr. Baughar. I do not know Mr. Duthie, but I do know that he has limited experience as a witness in condem- nation cases. This is not to say that he might not do an excellent job: however, I still feel that the floor of the verdict would be the testimony of Mr. Bowes and Mr. Baughar. Under these circumstances, I feel that a settlement as I have recanmended is economically feasible for the City. I have ne indicatmon whatever as to what the landowner mi~ht take to settle this case as I have not taken it upon myself to discuss settlement with his attorney, Mr. Fred Winner. Abviously, the City in any consideration for settlement would have to assure itself of F.ederal funds and since I am not familiar with the rules and regulations of the agency that is distributing these funds I am not in a position to discuss this matter or make aay reconunendations along these lines. If you have any questions, please do not hesitate to call me. JMM:nn Very truly yours, /s/ Joe JOSEPH M. MONTANO Attorney for Petitioner City of Englewood COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO SEEK SETTLEMENT WITHIN THE AMOUNTS MENTIONED IN MR. MONTANO'S LETTER OF JUNE 15, 1967 AND THAT MR. CRISWELL BE AUTHORIZED TO DO ALL THINGS NECESSARY TO OBTAIN FEDERAL FUNDS FOR THE SETTLEMENT FIGURE STATED. Discussion ensued. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Allen Nays: Councilmen Ludwig, Fullerton Absent: Councilmen Kreiling The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1967 AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, A PERMIT TO CONSTRUCT AND MAINTAIN A SANITARY SEWER IN THE ·CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION. COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE ·. SECONDED, THAT ORDINANCE NO. 15, SERIES OF 1967, BE PASSED ON SECOND AND F,INAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon -the call of th~ roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Hanson, Ludwig, ·Fullerton, Allen Nays: None Absent: Councilman Kreiling The Mayor declared the motion carried. The monthly financial report for May, 1967 was received for the record by the City council. 549 550 Minutes of June 19, 1967 City Manager Dial presented the 1968 Budget Calendar to members of the City Council. City Manager Dial reported that 76 acre feet of water had been pumped McClellan Reservoir fran the Platte River since Friday. Mr. Dobratz estimated that another 76 acre feet of runoff had been added to McClellan in recent weeks. City Manager Dial stated that he had been contacted by the Englewood Chamber of Commerce in regard to requesting permission for banners pro- claiming "Englewood Progress Country U.S.A." to remain over the City's streets through June 30. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT PERMISSION BE GRANTED TO THE ENGLEWOOD CHAMBER OF C<»1MERCE TO RETAIN THE BANNERS OVER THE CITY'S STREETS THROUGH JUNE 30, 1967. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Fullerton, Allen Nays: None Absent: Councilman Kreiling The Mayor declared the motion carried • • City Manager Dial reported that the staff had been in contact with the State Highway Department in regard to ornamental street lights on State Highway 70. from South Bannock Street to South Santa Fe Drive. Mr. Dial stated that the cost would be approximately $14,000 to $16,000 of which the State Highway De partment would pay $10,300. This $10,300 would be used for the underground conduit, bases, and cables. In order for the ornamental poles to be installed, however, the State Highway Department wished to obtain a committment from the City of Englewood for the rest of the cost. Members of the City council discussed the proposal and the possibility of adjacent property owners participation in the cost. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY COUNCIL AUTHORIZE THE CITY ADMINISTRATION TO EXPEND A SUM NOT TO EXCEED $6 .000 FROM THE PUBLIC WORKS DEPARTMENT BUDGET FOR CITY PARTICIPATION WITH THE STATE HIGHWAY DEPARTMENT IN PLACING ORNAMENTAL STREET LIGHTS WITH UNDER- GROUND WIRING ON HIGHWAY 70 FROM SOUTH BANNOCK STREET TO SOUTH SANTA FE DRIVE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Hanson, Ludwig, Fullerton, Allen Nays: None Abstained ~ Councilman Rice Absent: councilman Kreiling The Mayor declared the motion carried. Mayor Allen inquired which members would be interested in attending the National League of Cities Conference in Boston in the latter part of July. Councilman Fullerton was the only member of the Council who expressed an interest. Mr. George Johnson, 2401 South Pedos,appeared before the City council. Mr. Johnson stated that he had received a letter from Mr. Dial, City Manager, concerning a rumor that certain properties in Mr. Johnson's neighborhood might be rezoned to industrial. Mr. Johnson stated that to the best of his knowledge there is no sound basis for the r~or. Mr. Johnson reported that Mr. Oliver Kingsley, 2010 Zephyr, Denver, Colorado had cleaned up his property in Scenic View after the Court had ordered him to do so. Now, however, he is hauling lmnber, tin, and other i terns which were su.pposed to be covered with dirt. Some months have passed and he has not done so. Mr. Johnson requested that the City council investigate and take action if warranted. Mayor Allen discussed the Resolutions adopted by the Colorado Municipal League at its meeting in Estes Park. Mr. Fullerton stated that he had been contacted by Mr. Chuck Conners, Hollywood, California. Mr. Conners had recently returned from a trip to Viet Nam and he was concerned that the troupe did not feel supported. Mr. Conners is contacting various cOlllllunities requesting that they ·show their support for the boys in Viet Nam. The City of Englewood has been picked to represent the State of Colorado in the Parade of Colors which will be held on July 4, 1967, in California. Mr. Fullerton stated that he accepted Mr. Conner's invitation on behalf of the City of Englewood. I I I I I I I I Minutes of June 19, 1967 . ~. · ... ' councilman Fullerton inquired if members of the City Council would be interested in the Sister Cities Proqram? It was the consensus of Council that Mr. Fullerton investiqate the proqram and make a reconanendation. councilman Parkinson re.ported to the City council in reqard to the annexation petition of a tract of land between West Dartmouth Avenme on the north, West Floyd Avenue on the south, South Zuni Street on the east, and South Bryant Street on the west. Mr. Parkinson stated that he believed there was qenerally two position• the City might take. The City m~qht accept the petition without conditions and annex the property. On the other hand, the City may . accept the petition with conditions forcinq the area to hold an election. The conditions which have been discussed by ~he City council would in effect deny the petition. Mr. Parkinson stated that conditions could be imposed upon the area at time which it miqht be subdivided. It was the consensus of Council that the City Attorney prepare a resolution denying the area's petition. Councilman Ludwig stated that he had received telephone calls con- cerning the fact that South Huron Street was covered with mud in the 3000 block. He stated that the citizens wished the street to be swept. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows~ Ayes: Councilmen Rice, Parkinson, Hanson, Ludwig, Fullerton, Allen Nays: None Absent: Councilmen Kreilinq The Mayor declared the meetinq adjourned at 12:03 A.M. . I ·1 i , .. r: ... . ' .... , ' . '. . " . ' l : ~ • 551