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HomeMy WebLinkAbout1968-01-15 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 15, 1968 The City Council of the City of Ettglewood, Arapahoe County, Colorado, met in regular session on January 15, 1968 at the hour of 8 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by the Rev. Rex Whitney of the Wesleyan Methodist Church, followed by the Pledge of Allegiance. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Dhority, Fullertx>n, Kreiling, Lay, Lone, Parkinson, Schwab. Absent: None. Also ?resent: City Manager Dial AssistaDt City Manager Mack City Attorney Criswell City Clerk Lyon The Mayor declared a quorum present. The Mayor recognized the following special citizen invitees and welcomed them to the meeting: Mr. Harry w. Wilson, 3951 South Fox Street, Mr. & Mrs. K.P. Fessenden, 3962 South Logan Street~ Mr. Harvey Mayer, 4860 South Galapago, appeared before the City Council on behalf of the Career Service Board with the recommendation that all City employees receive a 5% across the board increase in pay. Mr. Mayer stated that, in addition to the 5% increase, the Career Service Board reconunends that the ordinance requiring the Career Service to submit ·a pay plan annually on May\l be amended to allow that the plan be submitted on November 1. Mr. Mayer stated that the reason for this change was the fact that many cities adjusted their pay in the fall of the year. The May recormnendation does not allow taking this factor into consideration. Mr. Mayer stated that, contrary to the memorandum from City Manager Dial, it was not the Career Service Board's intention that the A -step in the Police and Fire D~partments be eliminated and that the 5% increase then apply. Mr. Mayer stated that, rather, elimination of the A -step would serve the purpose of the 5% increase for the Police and Fire Departments. The competitive position of the City of Englewood in relationship to other cities was discussed by the Career Service Commission. Mr. H. Reece Braun, member of the Career Service Conunission, 3173 South Ogden, appeared before the City Council. Mr. Braun stated that the Career Service Camnission intends to employ a "family" job concept in its future studies. By this concept, "families" of jobs would be compared with each other as opposed to comparing the individual jobs in individual cities. The "family " job group concept was discussed. Mr. Braun also stated that the Career Service Canmission reconunends that, in addition to the 5% across the board increase, the City of Englewood's present Blue Cross -Blue Shield participation be doubled up to the total cost of the insurance package to the employee. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE RECOM- MENDATION OF THE CAREER SERVICE BOARD BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT CONSIDERATION OF A BILL FOR AN ORDINANCE BANNING THE USE OF ~ACKYARD INCINERATORS "WITHIN THE · CITY OF ENGLEWOOD BE REMOVED FROM THE TABLE. upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. 115 116 Minutes o f January 15, 1968 Mr. Harry Fleenor, 3383 South Corona, Chairman of the Citizen Committee studying the proposed ordinance, appeared before the Council. Mr. Fleenor stated that the cormnittee had split two to two on whether the ordinance should be passed. Mrs. Connie Miles, 3427 South Cherokee Circle, appeared before the Council and presented the minutes of the meeting. Mrs. Miles then discussed the points in favor of passage of the ordinance. Mr. Harry Fleenor then elaborated on his opposition to the passage of the ordinance. City Council discussed the proposal at length. At the conclusionof the discussion, Mayor Schwab thanked the committee on behalf of the Council. ORDINANCE NO. 3, SERIES OF 1968 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: REGUALTES, RESTRICTS AND PROSCRIBES EMISSION OF AIR CONTAMINANTS AND POLLUTANTS: PROVIDES FOR THE APPLICATION, ADMINISTRATION AND ENFORCEMENT OF l'HE ·: . PROVISION OF THE CHAPTER: PRESCRIBES PENALTIES FOR THE VIOLATION OF THE SAID PROVISIONS: AND REPEALING I 23.10 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD. (Copied in full in the Official Ordinance Book.) COUNCILMAN FULLERTON MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE N0.3, SERIES OF 1968, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLE- WOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows:" Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Mayor Schwab noted that Mr. Sam Hill, 3456 South Broadway, would not appear before the Council to present a petition concerning the traffic pattern at this meeting. Mr. Marion Keating, Attorney, 851 East Briarwood Circle, appeared before City Council on behalf of Mrs. Ann Scoggins requesting approval of the transfer of stock of The Plantation, Inc. fran Mrs. Sue E. Harthun to Mrs. Scoggins. Mrs. Ann Scoggins appeared. City Council discussed the application with Mr. Keating and Mrs. Scoggins. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY COUNCIL APPROVE THE TRANSFER OF STOCK OF THE PLANTATION, INC. FROM MRS :1. HARTHUN TO MRS. SCOGGINS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Manager Dial presented to members of the City Council a memorandum from the Director of Finance, Stephen A. Lyon, concerning recent bids taken for fiscal agent services in regard to Paving District No. 17. Mr. Dial discussed the bids received in the memorandum. It was pointed out that Kirchner & Co. was the low bid. However, it had been bid on an "each and every bond" -basis rather than a price per specified increment of bonds. Mr. Dial stated that the City of Englewood had also received a letter of clarification form Kirchner & Co. that the price per bond for each and every bond issued for $342.000 and above would be at $9.54. Mr. George Coughlin, Coughlin & Co., First National Bank Building, Denver, appeared before the City council. Mr. Coughlin stated that his firm was second low and urged the City Council to reject the bid of Kirchner & Co. due to the irregularity. City Manager Dial informed members of Council that a bid had been received form Bosworth, Sullivan & Co. for fiscal agent services for Paving District Ro. 17. However, as this bid had been mailed to the City Council and as it had not been marked for the bid opening, it had been opened with the rest of the Mayor's mail inunediately prior to the 8 o'clock meeting. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE BID OF KIRCHNER & CO. BE RECOGNIZED AS LOWEST ANDBEST AND THAT THE MAYOR AND FINANCE DIRECTOR BE AUTHORIZED TO SIGN THE NECESSARY DOCUMENTS AND, FURTHER, THAT THE CONTRACT SHOULD BE I I I BASED ON THE LETTER OF PROPOSAL RECEIVED AT THE BID OPENING AS WELL THE LETTER OF I CLARIFICATION RECSIVED PRIOR TO THE COUNCIL MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. I I I I Minutes of January 15, 1968 The Mayor declared the motion carried. The Mayor called a recess at 10:15 P.M. The council reconvened at 10:29 P.M. Upon the call of the roll, the following were present: councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Absent: None. The Mayor declared a quorum present. The minutes of the Board of Adjustment and Appeals special meeting of November 22, 1967 were received for the record. The minutes of the Board of Adjustment and Appeals Eegular meeting of December 13, 1967 were received for the record. The minutes of the Parks and Recreation Conunission regular meeting of December 28, 196l 'were received for the record. The minutes of the Planning and Zoning Cormnission regular meeting of December 20, 1967 were received for the record. The minutes of the Public Library Board meeting of January 9, 1968, with a recormnendation regarding proposed members for the Library Board, were received for the record. city Attorney Criswell reported to City Council that the final draft of the Ordinance for Retail Sales and Use Tax within the City of Englewood was prepared and ready for reading. Mr. Criswell stated there were a number of changes between the draft as conveyed to the City Council at its January 2, 1968 meeting and that which is in final draft. Mr. Criswell discussed these changes with council. The following Bill for an Ordinance was introduced by Councilman Lay and read in full: A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING WITH AMENDMENTS TO §16.5-1 THROUGH, AND INCLUDING, 116.5-62 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD IMPOSING A TAX UPON THE RETAIL SALES AND PROV~DING FOR THE COLLECTION OF SAID TAX AND THE AD- MINISTRATION OF SAID ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF. City Attorney's Opinion No. 68-1, regarding the Authority for issuance of search warra~ts and the procedure to obtain search warrants for fire, building, and ?ther similar inspections, accompanied.w~th a proposed ordinance authorizing the . i~suance of sear9h warre~ts by the Municipal 9ourt, was received by the City council •. City ~ttorney Criswel~ discussed the.feasibility of passage of such an ordinance and the City of Englewood s legal authority to authorize search warrants through its Municipal Court. Mayor Schwab recognized Mrs. Ted Highland, 2173 West Warren Avenue, a special invitee. BY AUTHORITY ORDINANCE NO. 4, SERIES OF 1968 AN ORDINANCE AMENDING 117 17-4 (f) OF THE MUNICI ~g~~~ g:~~~~A~~I~~~N~E~~~~Gp~~~o:o~Rp;i~~~g~s:~~N~~~!~JOF TURE, AND ~i~~i1i~D~O~~~E;~: OF ENGLEWOOD, BEFORE MOVING ANY SUCH HOUSE OR STRUC- (Copied in full in the Official Ordinance Book.) COOllCZLllAll PARKINSON MOVED COUNCILMAN SERIES OF 1968 , BE PASSED ON FINAL ~ADING AND LAY SECONDED, THAT ORDINANCE NO. 4 ENGLEWOOD HERALD AND ENTERPRISE Upon th 11 ORDf ERED PUBLISHED IN FULL IN THE follows: • e ca 0 the roll, the vote resulted as Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. 117 118 Minutes of January 15, 1968 City Manager Dial stated that it was rapidly approaching the date whereby the City Council should make final determination of the streets to be included with Paving District No. 17. The possibility of adding the following streets to P.D. 17 was discussed by the council: 2200 and 2300 blocks of West Warren, 3700 block South Inca, 2900 block South Galapago, 4800 block South Lincoln, Tufts from the E. 300 block to E. City limit line of Clarkson, 4400 block South Delaware, and 3300 and 3400 blocks of South Lafayette. It was the consensus of Council that the Resolution of Intent for P.D. 17 be prepared with the inclusion of the 4400 block of South Delaware, Tufts 300 block E. throught to Clarkson, the 2200 and 2300 blocks of West Warren. City Manager Dail reported to City Council that he was in receipt of a letter from Congressman Brotzman's office accompanied by a copy of a letter from Mr. A. Davis, Department of Housing and Urban Development has indicated that it will not share any overage of the original appraisal for the Rouse proper~y. City Council discussed the Rouse property and the Dartmouth Park development. COUNCILMAN FULLERTON MOVED, COUNCILMAN LONE SBCONDED, THAT IT BE RESOLVED BY THE ENGLEWOOD CITY COUNCIL THAT THE CITY ATTORNEY AND CITY MANAGER TAKE ALL NECESSARY ACTIONS TO DR>P THE PURCHASE OF THE ROUSE PROPERTY FROM THE DARTMOUTH PARK ACQUISITION PROGRAM. Discussion ensued. COUNCILMAN PARKINSON MOVED. COUNCILMAN KREILING SECONDED. THAT THE MO~tON aEFORE THE COUNCIL BE TABLED UNTIL A RECOMMENDATION IS RECEIVED FROM THE PARKS ~ RECREATION COMMISSION CONCERNING THE DELETION OF THE ROUSE PROPERTY AND THE POSITON OF MR. ROUSE TOWARDS THIS DELETION. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Dhority, Kreiling, Parkinson Nays: Councilmen Fullerton, Lay, Lone, Schwab. Absent: None. The Mayor declared the motion failed. Upon the call of the roll on the original motion, the '°te resulted as follows: A~es: councilman Dhority, Fullerton, Lay, Lone, Parkinson, Schwab. Nays: Councilman Kreiling. Absent: None. The Mayor declared the motion carried. City Manager Dail announced that the annual Colorado Municipal League Legisla- tive breakfast would be held on January 26, at 7:30 A.M. at the Hilton Hotel. City Manager Dial reported that, due to his election to the Executive Board of the International City Manager's Association, it would be necessary for him to attend various board meetings outside the City of Englewood. Mr. Dial stated that the first meeting would be on the 25th, 26th, and 27th of January in Washington, D.C., and that the expenses of travel and lodging would be borne by the ICMA. City Manager Dial reported that the Urban Mayor's Association would hold a meeting on Thursday , January 18, 1968. City Manager Dial reported that the Colorado Department of Highways had raised its particiaption in highway maintenance payments form $1.000 per mile to $1,300 per mile. Mr. Dial stated that this would be a net increase of approximately $600. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND THE CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT BETWEEN THE STATE HIGHWAY DEPARTMENT AND THE CITY OF ENGLWOOD WHEREBY THE CITY OF ENGLEWOOD WOULD MAINTAIN THOSE COLORADO HIGHWAYS WITHIN THE CITY LIMITS FOR THE INCREASED PAYMENT. Upon the call of the roll, the vote resulted as follows: Ayes: councilman Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. I I I I I I I I Minutes of January 15, 1968 COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING WITH AMENDMENTS TO § 16.5-1 THROUGH, AND INCLUDING, 116.5-62 OF THE MUNICIPAL OF THE CITY OF ENGLEWOOD IMPOSING A TAX UPON THE RETAIL SALES AND PROVIDING FOR THE COLLECTION OF SAID TAX AND THE ADMINISTRATION OF SAID ORDINANCE AND P.ROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREFO, BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. City Manager Dial discussed the subject of the possible removal of liquor exemption from the sales tax ordinance. City Manager Dial presented a memorandum from the Director of Finance sununarizing liquor occupational taxes witbin the metropolitan area and noting sales tax practices within those same communities. COUNCILMAN DHORITY MOVED, COUNCILMAN SCHWAB SECONDED, THAT THE RETAIL SALES AND USE TAX ORDINANCE BE AMENDED BY THE DELETION OF 116.5-4 (h), THE SECTION PRESENTLY EXEMPTING THE SALES OF LIQUOR FROM THE SALES AND TAX ORDINANCE. Discussion ensued. COUNCILMAN .KREILING MOVED, COUNCILMAN LONE SECONDED, THAT THE CONSIDERATION OF THE BILL FOR AN ORDINANCE BE TABLED '~ Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Mayor Schwab inquired if the committee considering the appointment of a citi- zen to the Board of Adjustment and Appeals was ready to report to the City Council. councilman Lone stated that no report was ready at this time. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT COUNCILMAN PARKINSON BE APPOINTED AS THE CITY COUNcr L REPRESENTATIVE TO THE LEGISLATIVE COMMITTEE OF THE COLORADO MUNICIPAL LEAGUE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Dhority, Fullerton, Kreiling, Lay, Lone, Schwab. Nays: None. Abstained: Councilman Parkinson Absent: None. The Mayor declared the motion carried. Mayor Schwab stated that he wished to appoint the following people to a cormnittee to discuss the license payments received by the City of Englewood from the Mountain States Telephone & Telegraph: Councilmen Lay, Parkinson, City Manager Dial and Mayor Schwab. COUNCILMAN LONE 'MOVED,.OOUNCILMAN PARKINSON SECONDED, THAT THE CITY COUNCIL RECONSIDER RESOLUTION NO. l, SERIES OF 1968, WHICH DIRECTS THE PLANNING AND ZONING CC»i!MISSION TO TAKE THE MATTER OF THE KLZ SITE REZONING UNDER CONSIDERATION. Mr. J.J. Carey appeared before the Council. Mr. Carey reported that the protective covenants of the KLZ site had been filed. He reviewed the LKZ rezoning, which had taken place in the fall of 1967, and the negotiations with the adjacent property owners. Mr. Carey indicated that he had not closed the door to further ne- gotiations concerning the density of the dwellings to be placed on the KiiZ site. Upen the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried • . COUNCILMAN LONE MOVED, COUNCILMAN FULLERTON SECONDED, THAT RESOLUTION NO. l, SERIES OF 1968, BE TABLED FOR FURTHER DISCUSSION. Upon the call of the roll, the vvote resulted as follows: Ayes: councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Ma y or declared the motion carried. 119 120 ainutes of January 15, 1968 councilman Lone stated that the Chairman of the Board of Adjustment and Appeals had inquired concerning the City Council's disposition towards the elimination of illegal basement apartments. Mr. Lone stated that in the past the Board had pursued a policy of elimination of these apartments. After discussion, it was the consensus of council that it would not condone violations of the City Code, and that it was the Board's responsibility to enforce the ordinance, using the same discretion as it has in the past, as long as the ordinance remains on the books. City Manager Dial reported that the Municipal court Clerk is one of the few positions within the City which is not under Career Service Commission and, therefore, not subject to the approval of the Career Service Commission for adjustments in wage and salary. Mr. Dial stated that, by ordinance, this authori~y rests with the City Council. He further stated that the P.P.C. called for the position to be reclassified from 12P to 13 F and that it would be necessary for the City Council to authorize this change. COUNCILMAN FULLERTON MOVED, COUNCILMAN LAY SECONDED, THAT THE GRADE OF THE MUNICIPAL CLERK BE CHANGED FROM 12F to 13F PURSUANT '10 THE CITY MANAGER'S RECOMMENDA- TION. Upon the call of the roll, the vote resulted as follows: Ay es: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. The City Council discussed the reconunendation of the Career Service Conunission made earlier in the meeting. Upon the conclusion of thediscussion, it was the consensus of Council that a cormnittee of Councilmen be appointed to work in laison with the Career Service Board. Mayor Schwab appointed Councilman Lay as Chairman and Councilman Fullerton and himself to the cormnittee. CaJNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 1:30 A.M. I I I I