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HomeMy WebLinkAbout1967-12-18 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 18, 1967 REGULAR MEETING: The City council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, December 18, 1967 at 8 P.M. Mayor Allen, presiding, called the meeting to order and the invocation was given by Councilman Kreiling. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. AbsE11t: Councilmen Ludwig and Rice. Also Present: City Manager Dial, Assistant City Manager Mack, City ~ttorney Criswell, City Clerk Lyon. The Mayor declared a quorum present. Mayor Allen recognized the following special guests and welcomed them to the meeting: Mr. Ervin E. Fanselau, 4815 South Logan Street, Mr. John J. Lay, 3960 South Broadway, Mr. Richard Lone, 4877 South Delaware. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING ON THE CONSIDERATION OF A BILL FOR AN ORDINANCE REGULATING USE OF INCINERATORS WITHIN THE CITY OF ENGLEWOOD BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the public hearing open at 8:06 P.M • . councilman Fullerton stated that the ordinance now being considered is a part of an overall regional air pollution control measure. Mr. Fullerton stated that the County of Arapahoe will ban back yard i ncineration on January l, 1968. This is two years ahead of the State's ban, which is to go into effect January 1, 1970. Mr. Fullerton stated that it is time for the local jurisdictions to take the initiative in alleviation of the air pollution problem. He stated that air pollution is a health hazard and costly to citizens. He concluded by stating his belief that passage of this ordinance is in the best interests of the citizens of Englewood. Mr. Dial, City Manager, spoke to the Council in regard to the disposal of refuse within the City of Englewood. Mr. Dial stated that there are primarily two disposal sites for garbage and refuse. The first is located at approximately South Santa Fe and Oxford and the second is one mile east of Broadway on the county line road. Mr. Dial stated that the City of Englewood does not pay any part of the removal of trash and refuse. If an individual does not haul his o~n, he must employ a private hauler. Mr. Dial stated that representatives of private trash haulers had been present at a Council meeting approx- imately four months ago. At that time they had indicated that they anticipated no problem in hauling any additional refuse if backyard incineration was banned. They now haul approximately 75 to 80% of the refuse produced within the City. Mr. Dial further stated that the refuse haulers had indicated that their rates will probably remain the same in the future, or at least, the banning of backyard inciner- ation will help to forestall any rate increase. Council discussed the possibility of any regulatory measures towards haulers of refuse. City Attorney Criswell stated that the City eould not regulate refuse removal rates as this is under the jurisdiction of the Public Utility Commission. Mr. Criswell stated that if the City of Englewood wished to protest any rate increase, it is the City's prerogative to appear before the Public Utility Conunission. 99 100 Minutes of December 18, 1967 Mrs. Connie Miles, 3427 South Cherokee Circle, appeared in favor of the proposed ordinance banning backyard incineration. (Mrs. Miles' statement, which was submitted to the Council, is copied in full as folloWs t·) .. . . "STATEMENT BY ENGLEWOOD LEAGUE OF WOMBN VOTERS "Made at the hearing on the proposed ordinance banning backyard inciner- ation in Englewood. December 18, 1967 "I am Connie Miles, Air Pollution Chairman for the Englewood League of Women Voters. "We appreciate this opportunity to present our views on the Air Pollution problem in Englewood. Two years ago, the League of Women Voters of Colorado, perceiving the extreme urgency of this growing probl·em, began a state wide study of the various aspects of Air Pollution. The Engle- wood League of Women Voters participated in this study and developmentaf consensus. "Out study revealed that trash disposal was one of the many obstacles to be overcome in abating Air Pollution in the designated basins. Our consensus made it clear that the law should deal with solid waste dis- posal to prevent open dump burning and trash incineration. It would follow that rigid enforcement of the law is indicated. "We recognize the need of educating the public about air pollution causes and control and would strongly support efforts made in this direction. "It is very gratifying for us to find that the Englewood City Council shares our concern in abating air pollution by taking positive local action as reflected by this hearing and the proposed ordinance. Because we are aware that our community would benefit greatly from a cleaner invironment we urge the passage of the proposed ordinance banning backyard incineration. Thank you, /s/ Connie Miles, Air Pollution Chairman Englewood League of Women Voters" Mr. Don Turk, Tri-County District Health Service, appeared before the Council. Mr. Turk stated that he appreciated the City Council's consideration of the ordinance banning backyard incineration. Mrs. Irons, 3284 South Washington, appeared in favor of the proposed ordinance. Mrs. Irons discussed with Council a particular burning nuisance involved with a grocery store in her area. Mr. R. c. Davis, 4831 South Inca, appeared before the City Council. Mr. Davis stated that he was in favor of the proposed ban and felt it would do a lot towards the cleaning up of Englewood. Mr. Martin A. Zabel, 3156 South Clarkson, appeared before the City Council. Mr. Zabel stated that he was opposed to the ordinance because he felt that insufficient study had been given to the problem. Mr. Zabel stated that the real problem of air pollution within the country is the internal combustion engine. Mr. Earl Haun, who owns property at 3470 S. Fox, (resides else- where) appeared before council. Mr. Haun stated that it was his opinion that a compromise should be made and the ordinance drafted in such a way that an individual be allowed to burn personal papers. Mr.Haun also inquired of Council as to whom the responsibility for violations of this ordinance would fall upon -tenant or the landlord. Mr. Harry Fleenor, 3383 South Corona, appeared before the Council in opposition to the ordinance. Mr. Fleenor stated that he failed to see any problem with smog in the City of Englewood. He also inquired as to who would enforce the proposed ordinance. Mr. Criswell stated that, primarily, this ordinance allowed the citation of violators within the City of Englewood into municipal court instead of county court. Mr. Criswell stated that the County of Arapahoe feels that, if the municipalities do not have such an ordinance and that violators cannot be cited into the City's own court system, the I I I I I I I I Minutes of December 18, 1967 " Arapahoe County Courts will become jammed with a series of violations of the ban. Mr. Turk reappeared and discussed other actions taken by other cities and the impact upon the problem. Mr. Turk stated that 14% of the pollutants within the air come from the burning of solid wastes through the backyard incinerators. Harry Fleenor reappeared before the Council and reiterated his opposition to the proposed bill. Mr. George Johnston, 2401 South Pecos, Englewood, appeared before the Council. Mr. Johnston inquired whether this ordinance would ban burning of old car seats. Mr. Criswell replied that it would. Mr.Johnston stated that he believed the ordinance would create more problems as it would not be enforced and the people could not afford to have their trash hauled away. Mr. Dial stated that the City of Englewood does not have adequate manpower to enforce the backyard burn- ing ordinance. He stated that Tri-County Health Department would be the prime enforcement agent and the violators of the ordinance would be cited into the Englewood Municipal Court. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the public hearing closed at 9:12 P.M. COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE BILL FOR AN ORDINANCE ON AIR POLLUTION BE TABLED FOR FURTHER STUDY BY THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. councilman Kreiling stated that he desired a Citizen's Committee be appointed to study the problem. Mr. Kreiling stated that he believed the camnittee should be composed of those citizens interested as evidenced by their appearance at the Public Hearing. Discussion ensued. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT A COMMITTEE OF CITIZENS BE APPOINTED, COMPOSED OF THOSE CITIZENS AT THE PUBLIC HEARING WHO WISHED TO SERVE, TO REVIEW THE PROPOSED ORDINANCE AND MAKE A REPORT TO THE CITY COUNCIL ON ANY COMPROMISE SOLU- TION AT THE SECOND MEETING IN JANUARY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Hanson,Kreiling, Parkinson. Nays: Councilmen Fullerton, Allen. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. Those who were still in attendance at the Council meeting and had appeared in regard to the air pollution control matter, ad- journed to Conference Room B. Mayor Allen recognized Mrs. Judy Henning, former editor of the Colorado Municipal League magazine, and welcomed her to the meeting. The minutes of the Planning and Zoning Commission meeting of November 8, 1967 were received for the record. A memorandum from the Planning and Zoning Commission dated December 6, 1967 recommending vacation of the 3500 block South Inca - South Jason alley, was received for the record and discussed by council. City Manager Dial reported that Mr. George Goorrnan, 940 West Hampden, had requested that this consideration be delayed as he hoped to have approval of the other property owners within the block in older that they might be able to accomplish vacation of the entire block. 101 102 Minutes of December 18, 1967 COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MATTER BE TABLED AND REFERRED BACK TO THE PLANNING AND ZONING COMMISSION FOR FURTHER STUDY. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. ·The Mayor declared the motion carried. A memorandum from the City Manager regarding Parks & Rec- reation Canmission accounting procedures was received for the record. City Manager Dial reviewed the conununications concerning the Parks & Recreation Commission cash handling with the City council. Mr. Dial stated that he was not asking for a decision at this time, but, rather, bringing it up for Council consideration, possible appointment of a school-city study group, and decision at a future meeting. The following Bill for an Ordinance was introduced by Council- man Kreiling and read in full: A BILL FOR AN ORDINANCE AMENDING 88.6-5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, RELATING TO REQUIREMENTS FOR WATER METERS, TO PROVIDE FOR A SINGLE CHARGE FOR WATER SERVICE RENDERED THROUGH A COMBINATION OF METERS FOR ONE PROPERTY OR ENTERPRISE AND FOR ALL PUBLIC SCHOOLS. COUNCILMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: councilmen Ludwig, Rice. The Mayor declared the motion carried. Councilman Kreiling stated that he believed a program should be established whereby the City of Englewood should be recalibrating all the water meters in use within the City. Mr. Kreiling requested that Mr. Dial and City staff investigate the possibility of such a program. Mr. Dial stated that he would look into the possibility of such a program, and if an ordinance was required, he would present it at a later council meeting. As Councilman Rice was not present to sponsor the proposed Bill for an Ordinance licensing Time-Life Broadcast, Inc. to operate a CATV system in the City of Englewood, sad.d item was passed over. The following Bill for an Ordinance was introduced by Council- man Hanson and read in full: A BILL FOR AN ORDINANCE AMENDING 16.7-28 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, RELATING TO HOLIDAYS, SUBSTITUTING COLORADO DAY FOR LINCOLN'S BIRTHDAY AS AN OFFICIAL CITY HOLIDAY AND GRANTING EMPLOYEES OF THE CITY AN ADDITIONAL DAY OFF WHEN A SCHEDULED HOLIDAY FALLS ON A SATURDAY. COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: councilmen Ludwig, Rice. The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 34, SERIES OF 1967 AN ORDINANCE PRESCRIBING AND ADOPTING RULES OF PROCEDURE FOR ALL ADMINISTRATIVE AND QUASI-JUDICIAL HEARINGS BEFORE CITY COUNCIL OR I I I I I I I I December 18, 196~? /tU!L ANY BOARD, COMMISSION OR OFFICIAL OF THE CITY. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT ORDINANCE NO. 34, 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 Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. City Attorney Criswell stated that radio station KGMC is applying to the F.c.c. to increase their wattage from 1000 to 5000. KGMC has requested endorsement of the City Council in its application in the form of a resolution. RESOLUTION NO. 46, SERIES OF 1967 A RESOLUTION URGING THE FEDERAL COMMUNICATIONS COMMISSION TO GIVE FAVORABLE CONSIDERATION TO RADIO STATION KGMC'S APPLICATION FOR AN INCREASE IN POWER FROM 1000 WATTS TO 5000 WATTS. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT RESOLUTION NO. 46, SERIES OF 1967, BE ADOPTED AND APPROVED. Mr. Grady Franklin Maples appeared before the Council and stated that from the increase in power he would hope to gain additional listeners on the KGMC fringe broadcast area. Mr. Maples stated that this would cause no change in the hours of operation. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. City Attorney Criswell presented to members of the Council a letter fran Carey Realty Canpany, dated December 14, 1967, which conveyed restrictive covenants for the KLZ site. Mr. Criswell ex- plained the covenants to Council and stated · that Mr. Carey's original plans to close the KLZ land purchase were scheduled for December 22, 1967. However, Time-Life has requested a postponement of the closing date to January 2, 1968 for tax purposes. Mr. Carey has stated that he will not grant this request of Time-Life if the Council objects, otherwise, it would be his intention to accomodate Time-Life. The Council voiced no objection to the closing date between Mr. Carey and Time-Life for th~ KLZ traat taking place in 1968, as long as the covenants are properly recorded. City Manager Dial presented the Finance Department's monthly report for November and reviewed it with Council. City ManagerDial presented to members of Council the anti- cipated time schedule and anticipated cabs requirements for the water system pressure improvements to take place during 1968. CERTIFICATE NO. 8, SERIES OF 1967 I , Stephen A. Lyon, Director of Finance, do hereby certify that there is an unencumbered amount in the following accounts as set for th be low: GENERAL FUND Traffic Regulation 1020.14 Unappropriated Surplus $ 5, 845 4,807 $10,652 103 104 Minutes of December 18, 1967 It is further certified that an amount equal to the above is available in cash in the General Fund and is available for transfer and reappropriation. /s/ Stephen A. Lyon Director of Finance December 15, 1967 RESOLUTION NO. 47, SERIES OF 1967 A RESOLUTION TRANSFERRING MONEY FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT FUND FOR THE TRAFFIC SIGNALIZATION PROGRAM. (Copied in full in the official Resolution Book.} COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT RESOLUTION NO. 47, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. City Manager Dial stated that he had hoped to have a report for Council on the purchase of the Rouse property: however, formal indication from the Department of Hcusing and Urban Development con- cerning the City of Englewood's request for approval at a negotiated price had not been received and he had nothing more to report at this point. City Manager Dial reported that the 1968 dues for the Colorado Municipal League would be $2,376.84. Mr. Dial discussed with Council how the dues are determined and the services provided by the League. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE FINANCE DEPARTMENT BE AUTHORIZED TO PAY THE 1968 DUES FOR THE CITY OF ENGLEWOOD TO THE COLORADO MUNICIPAL LEAGUE OUT OF THE 1968 APPROPRIATION. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Fullerton, Hanson, Parkinsai, Allen. Nays: Councilman Kreiling. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. City Manager Dial presented a memorandum from the Director of Finance to the City Manager dated December 18, 1967 concerning the Englewood-Littleton Bus Line. Mr. Dial stated that in order that the present agreement be extended, it would be necessary that the Mayor and City Clerk be authorized to sign a document so extending. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN A LETTER OF EXTENSION OF THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON, AND THE ENGLEWOOD -LITTLETON -FORT LOGAN BUS LINE FOR A PERIOD OF ONE YEAR. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Parkinson, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the motion carried. Mr. Dial presented to members of the Ci~y Council a letter from the committee of the Englewood Church of Christ expressing thanks to the City for usage of the community Room and with special apprecia- tion to the custodian who was on duty on December 2, 1967. Mr. Dial stated that he had also received a letter from Miss Doris Wells, 2882 South Corona, who gave special thanks to the City of Englewood Water I I I I I I I Minutes of December 18, 1967 Department for its emergency repairs accomplished early in the morning on two occasionsi. Mr. Dial stated that a reception, sponsored by the Colorado Municipal League, would be held for Mr. Don Des Combs, who is retiring from the City Council of the City of Broomfield. Mr. Dial stated that the reception would be held on Sunday, January 14, from 1 to 4 P.M. at the Miramonte Country Club. COUNCILMAN HANSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Parkinson, Kreiling, Allen. Nays: None. Absent: Councilmen Ludwig, Rice. The Mayor declared the meeting adjourned at 10:50 P.M. 105