HomeMy WebLinkAbout1967-12-04 (Regular) Meeting Minutes.86
REGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DECEMBER 4, 1967
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session on Monday, December 4, 1967 at 8 P.M.
Mayor Pro tern Fullerton, presiding, called the meeting to order
and the invocation was given by the Reverend Rex Whitney of the Wesleyan
Methodist Church.
The Mayor Pro tern asked for roll call. Upon the call of the
roll, the following persons were present:
Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice, Fullerton.
Absent: Councilman Allen.
Also Present: City Manager Dial,
City Attorney Criswell,
City Clerk Lyon.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT
THE MINUTES OF THE NOVEMBER 6, 1 967 COUNCIL MEETING BE APPROVED AS READ.
Director of Finance Lyon stated that the November 20, 1967 Council minutes
should be corrected as follows:
1. Page 10 should be changed to reflect that Resolution No,
39, Series of 1967, is copied in full in the official minutes.
2. Page 11 should be corrected by inserting, after the
introduction of the Bill for an Ordinance prohibiting the operation of
a CATV system without first receiving a license from the City of Engle-
wood, the following items:
a. The vote on the Bill for an Ordinance requiring
a CA'rV license.
b. The introduction of a Bill for an Ordinance granting
a CATV license to Mountain States Video.
3. On Page 13 of the Council minutes it was incorrectly
stated that Councilman Fullerton requested the City Atto-rney draw up
an ordinance rescinding Ordinance No. 38, Series of 1967, for presenta-
tion at the January, 1967 Council meeting, instead of correctly stating
the January, 1968 meeting.
COUNCILMAN PARKINSON STATED THAT WITH THE CONSENT OF THE
SECOND, HE WOULD EXPAND HIS MOTION TO INCLUDE APPROVAL OF THE NOVEMBER
20, 1967 COUNCIL MEETING WITH THE AMENDMENTS SO LISTED BY MR. LYON.
COUNCILMAN HANSON STATED THAT HE WOULD ACCEPT THIS CHANGE.
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.
Mayor Pro tern Fullerton recognized the following special
guests and welcomed them to the meeting:
Mr. & Mrs. William J. Fosket, 4357 South Huron.
Mr. Leo H. Neiberger, 4790 South Washington Street.
The following Councilmen-elect were recognized and ~elcomed
to the meeting:
Mr. Dallas Dhority, 3150 South Acoma,
Mr. John J. Lay, 3960 South Broadway,
Mr. Richard Lone, 4877 South Delaware,
Mr. Elmer E. Schwab, 4795 South Inca Street.
Mr. Charles Jaramillo, 2981 South Newport, Denver, appeared
on behalf of Mr. Ralph Codina, requesting renewal of the liquor license
for the Magnificent Matador Restaurant, 4155 South Broadway.
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE
LIQUOR LICENSE FOR MAGNIFICENT MATADOR, 4155 SOUTH BROADWAY, BE APPROVED
FOR 1968. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson,
Rice, Fullerton.
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Minutes of December 4, 1967
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Mr. Mark Pullam, representing Shakey's Pizza Parlor, 3281 South
Santa Fe Drive, appeared before the City Council and requested approval
of that firm's 3.2 beer license.
COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE
3.2 % BEER LICENSE FOR SHAKEY'S PIZZA PARLOR BE RENEWED FOR THE YEAR
BEGINNING JANUARY 16, 1968. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson,
Rice, Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Mr. Richard Banta, Attorney, representing Time-Life Broadcast,~
Inc., appeared before the City Council. Mr. Banta reviewed the events
in Time-Life's application to serve the City of Englewood with CATV.
He presented copies of a letter to Mr. Dale Hanson, Mayor of Edgewater,
dated November 9, 1967, and a Bill for an Ordinance granting to Time-
Life Broadcast, Inc. a permit to serve the City of Englewood with a
CATV system. Mr. Banta stated that Time-Life is sincere in its
application to serve the City of Englewood with CATV, that there is no
conflict of interest with Time-Life operating a local television station
and a CATV system, and Time-Life has not lodged a protest against Mountain
States Video's application to the FCC for serving the Denver metropolitan
area with CATV. Mr. Banta read from various documents to support his
statements. Mr. Banta concluded by reiterating his request that Time-
Life Broadcast, Inc. also be granted a revocable permit to serve the
City of Englewood with CATV. Discussion ensued.
Mr. Dick Simon, Attorney, representing Mountain S~ates Video,
presented to members of Council a copy of Time-Life's "objection", addressed
to the FCC, to the lifting of the freeze on CATV in the Denver metro-
politan area. Mr. Simon reiterated that Time-Life is insincere in its
application for CATV and that Mountain States Video is sincere. Mr.
Simon read from a report dated November 8, 1967 to an area committee
on CATV encompassing a number of cities in northern Colorado. The sub-
stance of the report was the reconunendation that the CATV bid be awarded
to Mountain States Video. Mr. Simon also discussed with members of
Council a report of the State of Connecticut which concerned the con-
flict of interest between a broadcast company owning a Community Antennae
Television Shstem.
Mr. Banta reappeared and again stated that Time-Life Broad-
cast is sincere in its application and is not opposed to the application
of Mountain States Video. Mr. Banta also stated that, as yet, no
bids or permits have been awarded for CATV service in the northern
Colorado area to which Mr. Simon previously referred.
The minutes of the Water and Sewer Board meeting of November
21, 1967 were received for the record, with a memorandum attached.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE
CITY COUNCIL ACCEPT AND APPROVE THE INCLUSION OF ADDITIONAL LANDS INTO
THE SHERIDAN SANITATION DISTRICT AS RECOMMENDED TO COUNCIL BY THE WATER
AND SEWER BOARD IN ITS MF.MORANDUM DATED NOVEMBER 21, 1967. 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 Water and Sewer Board meeting of November
29, 1967 with four memoranda attached, were received for the record.
The first memorandum recommending that a resolution be passed
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Minutes of December 4, 196,
reestablishing the rates and charges for the treatment and disposal of
sanitary sewage in the City of Englewood and providing rates and charges
for the treatment and disposal of sanitary sewage in the City of Engle-
wood and providing rates and charges for additional fixtures and categor-
ies of the users, was discussed.
COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED,
THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD RELATIVE TO THE
REESTABLISHMENT OF RATES AND CHARGES FOR TREATMENT AND DISPOSAL OF
SANITARY SEWAGE BE APPROVED AND ACCEPTED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice,
Fullerton.
Nays: None.
Absent: councilman Allen.
Mayor Pro tern Fullerton declared the motion carried.
RESOLUTION NO. 41, SERIES OF 1967
(Copied in full in the official Resolution Book.)
(This Resolution formally adjusts the sanitary sewer rates as recommended
above.)
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT
RESOLUTION NO. 41, SERIES OF 1967, 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 second memorandum from the Water and Sewer Board recommending
that" ... water billing for all departments of the City of Englewood con-
tinue to be rendered on the basis of individual meters" was discussed
at length by the Council.
COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED,
THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD MADE TO THE CITY
COUNCIL ON JULY 18, 1967, AND ATTACHED TO SECOND RECOMMENDATION MADE
AT THE WATER AND SEWER BOARD ' S NOVEMBER 2 9 MEETING, BE APPROVED AND
THE CITY ATTORNEY BE INSTRUCTED TO DRAW UP THE NECESSARY ORDINANCE AMEND-
ING THE MUNICIPAL CODE AS RECOMMENDED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Parkinson, Fullerton.
Nays: Councilmen Ludwig, Rice.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Mr. Val Hoyt, attorney, appeared in regard to the Water and
Sewer Board's third memorandum, recommending that the First National Bank
of Englewood be permitted to install a sanitary sewer line in a public
right-of-way in accordance with certain requirements of the City of
Englewood. Mr. Hoyt outlined the proposed agreement and requested that
the City Council eliminate from the agreement the proposal that the First
National Bank may recover only 50% of its construction costs or, instead,
extend the right to recovery of expenses in excess of the five years
recommended. Mr. Jack Eachon of the First National Bank also appeared
before City Council and requested that the five-year limitation be ex-
t ended to between eight and 10 years. Mr. Eachon stated that he felt
the area adjacent to the shopping center which would use the sanitary
sewer might not develop within the five-year period so stipulated in
the recommended agreement.
City Attorney Criswell presented a legal opinion concerning
the proposed contract with the First National Bank for construction of
a sanitary sewer.
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Minutes of December 4, 1967
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT
THE CITY COUNCIL ACCEPT THE RECOMMENDATION OF THE WATER AND SEWER BOARD
CONCERNING THE FIRST NATIONAL BANK'S PROPOSED SANITARY SEWER LINE, WITH
THE EXCEPTION THAT THE RECOVERY PERIOD OF FIVE YEARS RECOMMENDED BY THE
WATER AND SEWER BOARD BE EXTENDED TO TEN YEARS. City Council discussed
the motion.
COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED, THAT
COUNCILMAN PARKINSON'S MOTION BE AMENDED TO READ THAT THE RECOVERY
PERIOD ALLOWED THE FIRST NATIONAL BANK SHOULD BE LIMITED TO FIVE YEARS.
Upon the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Councilmen Hanson, Kreiling, Rice, Fullerton.
Councilman Parkinson.
Abstained: Councilman Ludwig.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Upon the call of the roll on the original motion, the vote
resulted as follows:
Ayes: councilmen Hanson, Kreiling, Parkinson, Rice,
Fullerton.
Nays: None.
Abstained: Councilman Ludwig.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
The fourth memorandum, "That the City proceed with the water
system improvements as outlined under Alternate No. 1 of the report
entitled REVISED PRELIMINARY REPORT -DISTRIBUTION SYSTEM IMPROVEMENTS,
ENGLEWOOD, COLORADO, May, 1967, Parker and Underwood, Inc., Consulting
Engineers, Greeley, Colorado, .. was discussed by Council.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT
THE CITY OF ENGLEWOOD PROCEED WITH THE DESIGN OF THE WATER SYSTEM IM-
PROVEMENTS AS OUTLINED IN ALTERNATE NO. l OF THE ABOVE REPORT AND THAT
THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ANY NECESSARY CONTRACT
DOCUMENTS WITH PARKER.Jim UNDERWOOD FOR THE ENGINEERING. Members of the
Council discussed proposed financing of the City project. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice,
Fullerton.
Nays: None.
Absent: Councilman Allen.
Mayor Pro tern Fullerton declared the motion carried.
The minutes of the Parks & Recreation Commission meeting of
November 30, 1967, with three memorandums attached, were received for
the record.
COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE
RECOMMENDATION OF THE PARKS & RECREATION COMMISSION THAT THE PROPOSED
CITY SHOPS NOT BE LOCATED ON AN AREA ADJACENT TO ENGLEWOOD -BELLEVIEW
PARK BE ADOPTED AND APPROVED.
City Clerk Lyon read the recommendation. Discussion ensued.
City Manager Dial pointed out that the Englewood-Belleview location for
the City shops would cost approximately $8,000 less in utility services
than the Natches Court site, also under consideration. Mr. Dial also
stated that this would provide a shop location adjacent to the City of
Englewood main water operations and would not require that the shops
be moved if the Columbine Corridor and Hampden interchange were to be
constructed at a future date.
COUNCILMAN PARKINSON MOVED THAT THE MOTION BE TABLED. Mr.
Parkinson's motion died for want of a second.
Upon the call of the roll on the original motion, the vote
resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Rice, Fullerton.
Nays: Councilman Parkinson,
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
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Mayor Pro tern Fullerton called a recess of the Council at
10 P.M.
Council reconvened at 10:15 P.M.
Upon the call of the roll, the following were present:
Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice,
Fullerton.
Absent: Councilman Allen.
The Mayor Pro tern declared a quorum present.
The second memorandum from the Parks & Recreation Conunission
regarding developnent of the Englewood -Belleview Park addition was
discussed by the Council. City Attorney Criswell stated that negotia-
tions for the Herndon property were still continuing and he thought
would probably be wrapped up about January 15. He stated that at this
point in the negotiations, he does not feel authorization for condem-
nation is required.
Councilman-elect Schwab inquired of Council as to what is
being planned for the three parcels which comprise the Englewood-Belle-
view addition. Councilman Rice replied that they are going to be used
mainly for parking and a small picnic area.
The reconunendation regarding Federal aid for Englewood -Belle-
view Park Addition was discussed.
RESOLUTION NO. 42, SERIES OF 1967
A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO
SUBMIT AN APPLICATION THROUGH THE GAME, FISH AND PARKS DEPARTMENT OF
THE STATE OF COLORADO FOR FEDERAL FUNDS PURSUANT TO THE PROVISIONS OF
THE LAND AND WATER CONSERVATION ACT, FOR THE DEVELOPMENT OF THAT PARK
COMMONLY KNOWN AS BELLEVIEW PARK.
(Copied in full in the Official Resolution Book.)
COUNCILMAN RICE MOVED, COUNCILMAN LUDWIG SECONDED, THAT RESOLU-
TION NO. 42, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilman Hanson, Kreiling, Ludwig, Parkinson,
Rice, Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Correspondence between the City and New Englewood regarding
traffic signal installation were received for the record but deferred
until later in the Council meeting.
The F.B.I. and Police Department report on Mrs. Bobbie June
McCord in application for transfer of license for the Glass Bottle
Liquor Store, 336 West Hampden Avenue, was received for the record.
RESOLUTION NO. 43, SERIES OF 1967,
A RESOLUTION APPROVING THE APPLICATION OF BROOKRIDGE PIZZA
OVEN, INC. DOING BUSINESS AS PIZZA OVEN, FOR A HOTEL AND RESTAURANT
LIQUOR LICENSE TO BE LOCATED AT 5180 SOUTH BROADWAY, ENGLEWOOD,
COLORADO.
(Copied in full in the Official Resolution Book.)
COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT
RESOLUTION NO. 43, SERIES OF 1967, 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.
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Minutes of December 4, 19~
City Council discussed the application of Mr. Nathan Siden
for a Beer and Wine License for Lum's at 90 West Belleview. Mr. Donald
Giacomini stated that the issuance of a Beer and Wine License was not
incompatible with the three-way license just issued to the Brookridge
Pizza Oven, Inc., as the two are separate and distinct types of licenses.
After further discussion, it was the consensus of Council that a Reso-
lution be presented granting the application of Mr. Nathan Siden for a
Beer and Wine License.
RESOLUTION NO. 44, SERIES OF 1967
A RESOLUTION APPROVING THE APPLICATION OF NATHAN SIDEN, DOING
BUSINESS AS LUM'S, FOR A BEER AND WINE LICENSE, AS DEFINED IN 75-2-21,
COLORADO REVISED STATUTES, 1963, AS AMENDED, TO BE LOCATED AT 90 WEST
BELLEVIEW, ENGLEWOOD, COLORADO.
(Copied in full in the Official Resolution Book.)
COUNCILMAN LUDWIG MOVED, COUNCILMAN KREILING SECONDED, THAT
RESOLUTION NO. 44, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Rice, Fullerton.
Nays: Councilman Parkinson.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
BY AUTHORITY
ORDINANCE NO. 2 9, SERI ES OF 196 7
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
ENGLEWOOD, COLORADO, BY ADDING THERETO A NEW SECTION 1.7.15 REQUIRING
A LICENSE, LEVYING A LICENSE FEE FOR THE PRIVILEGE OF CARRYING ON OR
ENGAGING IN GOING OUT OF BUSINESS SALES, AND FIRE, SMOKE AND WATER
DAMAGE GOOD SALES, FIXING THE AMOUNT OF SAID LICENSE FEE, AND PROVIDING
THAT IT SHALL BE UNLAWFUL FOR ANY PERSON TO CARRY ON OR ENGAGE IN SUCH
SALES WITHOUT FIRST HAVING OBTAINED SUCH LICENSE AND PROVIDING PENAL-
TIES FOR THE VIOLATION THEREOF.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED,
THAT ORDINANCE NO. 29, SERIES OF 1967, 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 Hanson, Kreiling, Ludwig, Parkinson,
Rice, Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
BY AUTHORITY
ORDINANCE NO. 30, SERIES OF 1967
AN ORDINANCE CREATING A SPECIAL FUND, TO BE KNOWN AS THE
"SPECIAL ADJUSTMENT FUND," AND SPECIFYING THE SOURCES OF RECEIPTS,
AND THE PURPOSES OF EXPENDITURES THEREFROM.
COUNCILMAN RICE MOVED, COUNCILMAN LUDWIG SECONDED, THAT
ORDINANCE NO. 30, SERIES OF 1967, 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 Hanson, Kreiling, Ludwig, Parkinson,
Rice, Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
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MINUTES of December 4, 1967
BY AUTHORITY
ORDINANCE NO. 31, SERIES OF 1967
AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FROM THE
REQUIREMENT FOR SEALED, COMPETITIVE BIDS FOR PURCHASES OF SUPPLIES,
MATERIALS OR EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS . ($1,000.00).
(Copied in full in the official Ordinance Book.)
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT
ORDINANCE NO. 31, SERIES OF 1967, BE PASSED ON FINAL READING AND
ORDERED PUBLISHED IN F11LL 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.
BY AUTHORITY
ORDINANCE NO. 32, SERIES OF 1967
AN ORDINANCE PROHIBITING THE OPERATION WITHIN THE BOUNDARIES
OF THE CITY OF ENGLEWOOD, COLORADO, OF A SYSTEM FOR RECEPTION AND DIS-
TRIBUTION OF PICTURES AND SOUNDS BY CABLE, SOMETIMES KNOWN AS A CABLE
TELEVISION SYSTEM, WITHOUT RECEIVING FROM THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD A PERMIT, LICENSE OR FRANCHISE THEREFOR.
COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED,
THAT ORDINANCE NO. 32, SERIES OF 1967, 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 Hanson, Kreiling, Ludwig, Parkinson,
Rice, Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
BY AUTHORITY
ORDINANCE NO. 33, SERIES OF 1967
AN ORDINANCE GRANTING TO MOUNTAIN STATES VIDEO, INC. A NON-
JP(CLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE CITY OF
ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION OF PICTURBS
AND SCXJNDS BY CABLE, SOMETIMES KNOWN AS A CABLE TELEVISION SYSTEM, AND
PROVIDING CONDITIONS AND REGULATIONS RELATING THERETO.
(Copied in full in the Official Ordinance Book.)
COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT
ORDINANCE NO. 33, 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 Hanson, Kreiling, Ludwig, Parkinson, Rice,
Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Councilman Rice stated that he wished to introduce an ordinance
granting a license to Time-Life Broadcast, Inc. to serve the City of
Bnglewood with CATV, also. Councilman Kreiling stated that he would
second the introduction. City Council discussed whether or not two
licenses to serve the City should be granted. Councilman Rice stated
that he would withdraw his bill for introduction at this meeting, if
Councilman Kreiling would withdraw his second. Councilman Kreiling
stated that he would withdraw his second. ~~Kzll*Z*Rljxaxaxa&
·Af ter further discussion, Councilman Rice stated that he would intro-
duce the bill licensing Time-Life Broadcast to serve the City of
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Minutes of December 4, 196i
Englewood with a CATV system at the next Council meeting. Mr. Rice
stated that he felt the granting of such license would be in the
best interests of the City.
The following Bill for an Ordinance was introduced by
Councilman Fullerton and read in full:
A BILL FOR
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
ENGLEWOOD BY ADDING THERETO A NEW CHAPTER 23A, WHICH RELATES TO THE
CONTROL OF AIR POLLUTION AND CONTAMINATION: REGULATES, RESTRICTS AND
PROSCRIBES EMISSION OF AIR CONTAMINANTS AND POLLUTANTS: PROVIDES FOR
THE APPLICATION, ADMINISTRATION AND ENFORCEMENT OF THE PROVISION OF THE
CHAPTER: PRESCRIBES PENALTIES FOR THE VIOLATION OF THE SAID PROVISIONS:
AND REPEALING 123.10 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD.
The foll6wiriq Bill for an erdiaance was introduced by
Councilman Parkinson and read in full:
A BILL FOR
AN ORDINANCE PRESCRIBING AND ADOPTING RULES OF PROCEDURE
FOR ALL ADMINISTRATIVE AND QUASI-JUDICIAL HEARINGS BEFORE CITY COUNCIL
OR ANY BOARD, COMMISSION OR OFFICIAL OF THE CITY.
City Attorney Criswell stated that, with the exception of
the Reffel property, the City of Englewood has settled for all parcels
that had to be acquired for Paving District #16.
City Attorney Criswell stated that the Atchison's had appealed
the recent court decision which had denied their right to purchase the
Atchison Ranch property from the City of Englewood instead of the Martin
Company. Mr. Criswell stated that, if the Atchison's are successful,
they, instead of the Martin Company would have to pay the City the
purchase price. Mr. Criswell requested authorization to defend the
City of Englewood in the appeal.
COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT
THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THE
APPEAL OF THE ATCHISON'S AGAINST THE CITY OF ENGLEWOOD AND THE MARTIN
COMPANY. 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.
City Attorney Criswell informed members of the City Council
that he had conunenced errminent domain proceedings for that parcel
otherwise known as Jason Park last week.
City Attorney Criswell reported in regard to the suit against
the City of Englewood and the State Highway Department for denial of
left turns at Bannock and Highway 70. Upon the trial court's judgement
that a left hand turn should be reinstated, a motion had been filed for
a new trial and for a stay of the effective date of the order. The
latter motion had been denied. Subsequently, tqe State Highway De-
partment requested that the Colorado Supreme Court postpone the effect-
iveness of the judgement, which the Court did,· for an indefinite period
of time. Mr. Criswell stated that the motion for a new trial is still
before the trial court and no action has been taken.
COUNCILMAN FULLERTON MOVED, COUNCILMAN KREILING SECONDED,
THAT THE BILL FOR AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE
CITY OF ENGLEWOOD BY ADDING THERETO A NEW CHAPTER 23A, WHICH REGULATES,
RESTRICTS AND PROSCRIBES EMISSION OF AIR CONTAMINANTS AND POLLUTANTS:
PROVIDES FOR THE APPLICATION, ADMINISTRATION AND ENFORCEMENT OF THE
PROVISION OF THE CHAPTER: PRESCRIBES PENALTIES FOR THE VIOLATION OF
THE SAID PROVISIONS: AND REPEALING 123.10 OF THE MUNICIPAL CODE OF THE
CITY OF ENGLEWOOD, BE PASSED ON FIRST READING AND ORDERED PUBLISHED
IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE: AND THAT A PUBLIC
HEARING DATE BE ESTABLISHED ON DECEMBER 18, 1967, AT 8 P.M. City
Council discussed the moat effective method of letting the citizens know
of the ban on the use of backyard incinerators.·
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COUNCILMAN FULLERTON MOVED, COUNCILMAN KREILING SECONDED,
THAT THE BILL FOR AN ORDINANCE BE AMENDED IN SECTION 23 A-4 BY IN-
SERTING A NEW EFFECTIVE DATE OF FEBRUARY 1, 1968. 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.
Upon the call of the roll on the original motion, the vote
resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinsop,
Rice, Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
Upon the call of the roll on the original motion, 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.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT
THE BILL FOR AN ORDINANCE PRESCRIBING AND ADOPTING RULES OF PROCEDURE
FOR ALL ADMINISTRATIVE AND QUASI-JUDICIAL HEARINGS BEFORE CITY COUNCIL
OR ANY BOARD, COMMISSION OR OFFICIAL OF THE CITY 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.
City Manager Dial presented to members of City Council the
following items:
1. A revised cost sununary of the traffic signal
program dated December 4, 1967.
2. A letter to Mr. Gerri Von Frellick from Mr.
Stanley H. Dial dated December 7, 1967.
3. A memorandum sununarizing tentative conclusions reached
by New Englewood and City of Englewood representatives
at a meeting on November 22, 1967, and
4. A letter addressed to Mr. Art Davis, New Englewood,
Ltd., dated November 22, 1967 and signed by Director
of Public Works Waggoner.
After review of the above by the City Council, the following
motion was made:
COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT THE
CITY COUNCIL AUTHORIZE PLACBMERT OF ORDER FOR ADDITIONAL TRAFFIC SIGNAL
EQUIPMENT FOR THE INTERSECTIONS OF COLORADO 70 AT CHEROKEE AND GIRARD,
FLOYD AND FOX, INCA NAD HIGHWAY 70, AT THB PRICE REPORTED TO COUNCIL
AT ITS MEETING OF NOVEMBER 20, 1967. Council discussed the motion.
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT
THE ABOVE MOTION BB AMENDED TO STATE THAT THE AWARD OF TRAFFIC SIGNAL
EQUIPMENT MADE AT THE NOVEMBER 20, 1967 MEETING BY AUTHORIZING THAT
ADDITIONAL EQUIPMENT BE ORDERED FROM THE SAME BIDDERS AND AT THE UNIT
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Minutes of December 4, 1967
PRICES QUOTED FOR SIGNALIZING THE FOLLOWING ADDITIONAL INTERSEC'll:ONS:
COLORADO 70 AT GALAPAGO, COLORADO 70 AT HURON, COLORADO 70 AT INCA,
FLOYD AT FOX, PROVIDED, FURTHER, THAT NO PURCHASE ORDER BE ISSUED FOR
SAID EQUIPMENT UNTIL THE DIRECTOR OF FINANCE SHALL RECEIVE FROM NEW
ENGLEWOOD, LTD. PAYMENT OF NOT LESS THAN $9,770, SAID COSTS REPRESENTING
CHEROKEE AND GIRARD, FLOYD AND FOX, INCA AND HIGHWAY 70. 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.
Upon the call of the roll on the original motion, the vote
resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson, Rice,
Fullerton.
Nays: None.
Absent: Councilman Allen.
The Mayor Pro tem declared the motion carried.
City Manager Dial reported that in regard ·to the negotiations
on the Rouse property for Dartmouth Park, he had been in touch with
Representative Donald Brotzman. Mr. Dial stated that Mr. Brotzman's
office had contacted the Department of Housing and Urban Development,
which, in turn, had informed Mr. Brotzman that it was firm in its
decision not to recognize the price escalation which had taken place
at the Dartmouth Park site. City Manager Dial also indicated that,
although the letter had been received from Representative Brotzman's
office, the official decision of the Department of Housing and Urban
Development was yet to be conanunicated to the City of Englewood.
Purchase of the Rouse property and the construction of the connector
between Dartmouth and Floyd in the vicinity of Dartmouth Park were
discussed by Council.
City Manager Dial presented to members of the Council a
memorandum dated December 1, 1967 discussing the official City holidays.
It was the consensus of Council that an Ordinance be drafted which would
exchange Lincoln's birthday for Colorado Day and allow city employees
to take advantage of any holidays which fall on Saturday, providing
that arrangements are made to operate City Hall offices on that Friday
preceding the Saturday holiday.
City Manager Dial reported to members of the City Council
that the agreement with the Englewood -Littleton -Fort Logan Bus
Line, whereby the two cities provide a subsidy to Mr. Herbertson for
operation of the bus line, would expire on December 31, 1967. Mr.
Dial indicated each city had budgeted $1,800 per year for the subsidy
and it now appeared that it was costing each city slightly over half 'that
amount oudgeted. Mr. Dial also informed members of the Council that .
information had been received from the Department of Housing and Urban
Development concerning Federal Aid to mass transportation. Mr. Dial
stated that this information would be investigated and a full report
made at a later date.
Mr. Dial presented to members of Council a memorandum dated
August 14, 1967 from the Director of Finance concerning certain revisions
to the Retail Sales and Use Tax Ordinance. The proposed revisions
were discussed at length and it was the consensus of Council that all
the changes recommended be incorporated within an ordinance for pre-
sentation, with the exception that sale of alcoholic beverages remain
a tax exempt item.
City Manager Dial stated that he was in receipt of an agree-
ment with the Public Service Canpany of Colorado whereby a four inch
gas line could be constructed through city property to serve the northern
portion of the New Englewood shopping center. Mr. Dial requested
Council authorization on this agreement.
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE
MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE PROPOSED AGREEMENT FOR
CONSTRUCTION OF A FOUR INCH GAS LINE TO SERVE NEW ENGLEWOOD SHOPPING
CENTER, SAID LINE TO RUN THROUGH THE PROPOSED DARTMOUTH PARK SITE.
Upon the call of the roll, the vote resulted as follows:
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Minutes of December 4, 1967
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson,
Fullerton.
Nays: None.
Abstained: Councilman Rice.
Absent: Councilman Allen.
The Mayor Pro tern declared the motion carried.
City Manager Dial presented to members of Council two memor-
andums addressed to him from the Department of Finance concerning the
year end financial condition of the General Fund and certain recommended
appropriation adjustments to the Municipal Court and Parks & Recreation
Departments. Mr. Dial explained both adjustments to members of Council.
RESOLUTION NO. 45, SERIES OF 1967
A RESOLUTION APPROPRIATING CERTAIN MONIES WITHIN THE GENERAL
FUND TO THE MUNICIPAL COURT AND PARKS AND RECREATION DEPARTMENTS.
(Copied in full in the Official Resolution Book.)
COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED, THAT
RESOLUTION NO. 45, SERIES OF 1967, 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.
Councilman Fullerton reported that he had worked with a
coalition conunittee in the preparation of a constitutional amendment
for local government reform. Mr. Fullerton outlined the proposed
amendment. A few of the provisions of said amendment are set fort~
below:
a. A new form of local government, a Regional Service
Authority, may be formed. Only one such Authority may be formed in
any metropolitan area. The Authority may be created only by a
majority vote of the qualified electors.
b. All counties are authorized to adopt a home rule charter
upon petition and voter approval.
c. The constitutional basis for inter-local contracts and
state-collected, locally-shared taxing schemes, is provided.
d. All municipalities are empowered to adopt a local home
rule charter.
pealed.
people.
e. The existing constituitonal restraints on debt are re-
All general obligation debt must be approved by a vote of the
COUNCILMAN KREILING MOVED, COUNCILMAN RICE 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 l~~ •. ~~ A.M.
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