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HomeMy WebLinkAbout1968-02-19 (Regular) Meeting MinutesI I I I COUNa L CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 19, 1968 REGULAR MEETING: The City Council of the City of Englewood, 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 and gave the invocation. Boy Schout Troop No. 333 led the Pledge of Allegiance. Mayor Schwab welcomed Mr. William Green, 3555 South Fox, special invitee, to the meeting. The Mayor asked for roll call, the following persons were present: Councilmen Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Absent: Councilman Fullerton. The Mayor declared a quorum present. Also present: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. Mr. Lyle E. Miller, attorney, respresenting U Totem, Inc. appeared before Council to request a 3.2 beer license transfer from Big Top, Inc. 123 ·E. Belleview Avenue, to U Totem, Inc., 123 E. Belleview Avenue. The details of the transfer were discussed. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE TRANSFER OF A 3.2 BEER LICENSE FROM BIG TOP, INC., 123 EAST BELLEVIEW AVE., TO U TOTEM, INC., 123 EAST BELLEVIEW, BE APPROVED SUBJECT TO A SATISFACTORY POLICE CHECK ON THE PRIN- CIPALS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Chority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: Councilman Fullerton. The Mayor declared the motion carried. Chief Jack Clasby appeared before council to discuss plans for the Engle- wood-Cinderella City grand opening relative to traffic arrangements, police work, and industry's participation. Councilman Fullerton entered and took his seat with the Council at 8:35 P.M. Mayor Schwab recognized Mr. & Mrs. Fred Hoos, 4387 South Bannock, special invitees. The minutes of the Board of Adjustment and Appeals meeting of January 10, 1968 were received for the record. A memorandum from the Board of Adjustment and Appeals dated February 14, 1968 was received for the record and discussed. The memorandum asked for considera- tion and approval of Council for an encroachment for John W's Tap Room. COUNCILMAN FULLERTON MOVED, COUNCILMAN LONE SECONDED, THAT THE RECOMMENDA- TION TO ALLOW THE ENCROACHMENT OF A NEW STORE FRONT OF JOHN W's TAP ROOM OVER PUBLIC RIGHT-OF-WAY BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE NECESSARY DOCUMENTS. 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 Attorney Criswell presented five resolutions that Mr. M.O. Shivers, attorney for the Water Board, had sent him relative to condemnation of certain land for the development of the West Slope water rights. Mr. Shivers had stated in 131 132 Minutes of February 19, 1968 his letter to Mr. Criswell that eminent domain proceedings must be authorized prior to March 4 so that the City can show its diligence in the development of its waber rights. RESOLUTION NO. 5, SERIES OF 1968 A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE CONSTRUCTION OF A CERTAIN PIPELINE AND ACCESS ROAD FOR INGRESS AND EGRESS DURING PERIOD OF CONSTRUCTION. RESOLUTION NO. 6, SERIES OF 1968 A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE CX>NSTRUCTION OF A CERTAIN PIPELINE, ACCESS ROAD AND DIVERSION DAM. RESOLUTION NO. 7, SERIES OF 1968 A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE CONSTRUCTION OF A PIPELINE AND AN ACCESS ROAD FOR INGRESS AND EGRESS DURING PERIOD OF CONSTRUCTION. RESOLUTION NO. 8, SERIES OF 1968 A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY UPON WHICH IS TO BE CORSTRUCTED A RESERVOIR AND APPURTENANT IMPROVF.MENTS. RESOLUTION NO. 9, SERIES OF 1968 A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF EMINENT DOMAIN PROCEEDI5QI TO ACQUIRE CERTAIN PROPERTY UPON WHICH IS TO BE CONSTRUCTED A RESERVOIR, ACCESS ROAD AND APPURTENmn' IMPROVEMENTS. COUNCILMAN PARKINSON MOVED, COUHCILMAN FULLERTON SECONDED, THAT THE FIVE (5) RESOLUTIONS, NO.'S 5 THROUGH 9, SERIES OF 1968, REGARDING EMINENT DOMAIN PRODEED- INGS NECESSARY FOR THE DEVELOPMENT OF THE WEST SLOPE WATER RIGHTS BE ADOPTED AND APPROVED. 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 Attorney Criswell discussed an Ordinance adopting the 1965 Edition of the A.I.A.'s Fire Prevention Code. Chief Douglas Sovern appeared before Council and explained the Code in detail. Discussion ensued. Introduced as a Bill by Councilman Dhority and read in full. A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1965 EDITION OF THE FIRE PREVENTION CODE RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION, SUCCESSOR TO THE NATIONAL BOARD OF FIRE UNDERWRITERS, AND THE OCTOBER, 1966, REVISION THERETO AS THE FIRE PREVENTION CODE OF THE CITY OF ENGLEWOOD. City Attorney Criswell discussed a Bill for an Ordinance regarding public utilities lecense fees. The bill was not passed as Council wished more time for study. City Attorney Criswell discussed the Bill for an Ordinance rezoning a portion of the 3500 block on South Elati Street. Discussion ensued. Introduced as a Bill by Councilman Parkinson and read in full. A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 26, SERIES OF 1963, ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, AND THE ZONING MAP ATTACHED THERETO, TO REZONE CERTAIN PROPERTY MORE PARTICULAR DESCRIBED THEREIN FORM R-3-B (MULTI- FAMILY RESIDENTIAL) TO R-4 (RESIDENTIAL-PROFESSIONAL). .. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY 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: I I I I I I I I Minutes of February 19, 1968 Ayes: councilmen Dhortiy, Fullerton, Kreiling, L~y, Lone, Parkinson, S ~hwab. Nays: None. Absent: None. oJ TJle Mayor celared the motion carried. .. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE PUBLIC HEARING BE SET FOR MARCH 18, 1968.0N THE RE-ZONING ORDINANCE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Krieling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Attorney CLiawell descussed a contract with the Building Authority regarding the purchase of City Hall. Final action on the pur- ahase 1 of City Hall. Final action on the purchase was set for April 15, 1968. (Councilman Dhority left the Council Chambers at 9:25 P.M.) Introduced as a Bill by Councilman Fullerton and read in full. A BILL FOR AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE ENGLEWOOD, COLORADO, MUNICIPAL BUILDING AUTHORITY, A COLORADO NOT-POR-PROFIT CORPORATION, PROVIDING FOR THE CONVEYANCE BY THE CITY OF A PARCEL OF REAL ESTATE, TOGETHER WITH THE IMPROVEMENTS THEREON, TO SAID CORPORATION AND THE SUBSEQUENT LEASE OF SAID REALTY AND THE IMPROVEMEl1'l'S THEREON TO THE CITY FROM THE CORPORA- TION AT ANNUAL LEASE PAYMENTS NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000.00) PER YEAR AND THE SUBSEQUENT CONVEYANCE OF TITLE TO THE CITY FROM THE CORPORATION. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. (Councilman Dhority returned to the Council Chambers at 9:30 P.M.) BY AUTHORITY ORDINANCE NO. 6, SERIES OF 1968 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING THERETO A NEW SECTION 18.14 ENPOWERING AND AUTHORIZ- ING THE MUNICIPAL JUDGE TO ISSUE SEARCH WARRANTS TO NUMICIPAL OFFICIALS FOR SUCH INSPECTION AS MUST BE MADE TO INSURE COMPLIANCE WITH ALL LAWS OF THE CITY OF ENGLEWOOD AND PRESCRIBING THE STANDARDS FOR THE ISSUANCE OF THE WARRANT, THE CONTENTS OF THE WARRANT, AND THE MANNER OF EXE- CUTION OF SUCH WARRANT. COUNCILMAN FULLERTON MOVED, COUNCILMAN LONE SECONDED, THAT OFDINANCE NO. 6, SERIES OF 1968, 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 Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, S~hwab. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE ADOPTING A FIRE PREVENTION CODE BE PASSED ON FIRST READING ANDORDERED PUBLISHED IN FULL IN THE ENGLEWOOD 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. 133 134 I Minutes of February 19, 1968 Absent: None. The Mayor declared the motion carried. City Manager Dial presented a memorandum recommending that the building inspection function be transferred to the Public Works Department and that the Bill for an Ofdinance regarding department and postion changes currently under consideration be amended to include this change. Assistant City Manager Mack explained the changes in the Building Department personnel which will result form the change. City Council discussed the proposed amendment. COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE REGARDING DEPARTMENTAL TITLES AND STRUCTURES BE AMENDED PURSUANT TO CITY MANAGER DIAL'S MEMORANDUM TO INCLUDE TRANS- FER OF THE BUILDING DEPARTMENT OT THE PUBLIC WORKS DEPARTMENT AND THAT THE AMENDED BILL BE PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Lone, Parkinson, Schwab. Nays: Councilmen Kreiling, Lay. Absent: None. The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 7, SERIES OF 1968 AN ORDINANCE APPROPRIATING CERTAIN GRANTS. COUNCILMAN LONE MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 7, SERIES OF 1968, 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 followa : Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay·, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City attorney Criswell reported on the acquisition of the Fout property for Jason Park. Mr. Criswell reoonanended acceptance of the offer of the Fouts that the City deposit $30,000 for the property, take possession .April 1, and waive interest on the difference between the deposit and the final condemnation. Mr. Richard Duke, attorney, 3087 South Sheridan Blvd., appeared before Council on behalf of the Fouts and requested that they be allowed a longer time in the house, possibly 90 d•ys rather than 45 days. Mr. Fout appeared before Council and discussed the proposition. It was the consensus of Council that the City should enter into the agreement authorizing the City to take possession of the Fout property for $30,000 on April 1, 1968. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY ENTER INTO THE ABOVE AGREF.MENT AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT WITH THE FOUTS WHEREBY $30,000 WOULD BE DEPOSITED AND, IN TURN, THE CITY WOULD TAKE FULL POSSESSION OF THE PROPERTY ON ABRIL t, 1968. 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. I I I I I I I I Minutes of February 19, 1968 Mayor Schwab asked that councilman Lay, chairman of the Wage & Salary Review Conunittee, ·report to Council. Councilman Lone called for a point of order, stating that he felt any change in the agenda should be voted upon. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT COUNCIL DEVIATE FROM THE AGENDA TO DISCUSS THE WAGE & SALARY REPORT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Schwab. Na ys: Councilmen Parkinson, Lone. Absent: None. The Mayor declared the motion carried. Mayor Schwab passed out copies of a Wage & Salary study. councilman Lay stated that the conunittee was definitely taking positive action and the matter will be discussed at a late~ meeting. Mayor Schwab asked that those present interested in the study be patient until the Council has had a chance to act to act on the matter. The Mayor called for a recess at 10:30 P.M. Council reconvened at 10:58 P.M. Mayor Schwab called the meeting to order. Upon the call of the roll, the following were present: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Absent: None. The Ma y or declared a quorum present. BY AUTHORITY ORDINANCE NO. 8, SERIES OF 1968 AN ORDINANCE REPEALING AND RE-ENACTING WITH AMENDMENTS 116.5-1 THROUGH, AND INCLUDING, 116.5-62 OF THE MUNICIPAL COBE OF THE CITY OF ENGLEWOOD IMPOSIBG A TAX UPON 'IHE RETAIL SALES AND THE USE OF TANGIBLE PERSONAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, PROVIDING FOR THE COLLECTION OF SAID TAS AND THE ADMINISTRATION <:1' ORDINANCE AND PROVIDING PENALTIES FOR THE VIOLATION OF THE PROVISIONS THEREOF. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINACE NO. 8, SERIES OF 1968, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. COUNCILMAN LAY MOVED TO AMEND nIE ORDINANCE TO INCLUDE THE TAX ON LIQUOR BY THE DRINK. City Attorney Criswell explained that if the ordinance is amended at this tiem, it will be delayed because it will have to be republished. He reconunended passing the ordinance in its present form and considering a separate ordinance regarding the liquor exemption. COUNCILMAN LAY WITHDREW HIS AMENDMENT SUBJECT TO HEARING THE PROPOSED ORDINANCE READ. City Attorney Criswell read the ordinance. Discussion ensued. Upon the call of the roll on the original ordinance, the vote resulted as follows: Ayes: Councilmen Chority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared .the motion carried. City Manager Dial discussed with Council the implementa·tion of the one-way traffic patter. 135 136 Minutes of February 19, 1968 Kells Waggoner, Director of Public Works, and Mr. Jim Hammond, Traffic Engineer, appeared before Council and discussdd the results of a traffic count on South Bannock and adjacent streets and the proposed traffic pattern. Discussion ensued. City Manager Dial presented the January monthly financial statement to Council. City Manager Dial discussed with Council the railroad track crossing at Union Street and the proposed West Union Avenue connector to replace West Tufts Avenue between South Santa Fe Drive and South Pecos Street. There has been no inidcation of support from the two railroad company's representatives or the Public Utilities Commission. In fact, they suggested the closing of the crossing at Kenyon and · Tufts and the creation of an access route from Belleview to Hampden on the east side only of the railroad tracks. If the City's proposal were accepted, the probable financial participation on the part of the railroad would be approximately 10%, the PUC approximately 80%, and the remaining 10% of the signalization would be borne by the local government. The County government has indicated it will go along with the Council's decision relative to their participation. After consid- erable discussion, it was decided to bring the matter up for a decision at the next meeting. City Manager Dial asked members of Council if they would like to present a plaque along with the usual thank you letter to retir- ing board and commission members. It was the consensus of Council that a plaque be presented. City Manager Dial discussed National League of Cities partici- pation and stated that the League had asked that a representative be chosen for the meeting. It was the consensus of Council that they make this decision at the next meeting. City Manager Dial reported that the City will be buying regular gasoline form Texaco for 11.23 cents per gallon, which is a considerable savings over last year. City Manager Dial reported that a Task Force had been appoint- ed consisting of various department heads to make a wage and salary study and that the personal interviews with the other cities in the area wil l be completed shortly and the report should be ready by March 1. City Manager Dial rec0111nended a c0mmittee be appointed to study the street shop site problem. Councilmen Lone, Fullerton, Lay, and Mauor Schwab were appointed to the committee. Introduced as a Bill by Councilman Lay and read in full. A BILL FOR AN ORDINANCE REPEALING 816.5-4 (b) OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD SO AS TO LEVY THE TAX IMPOSED BY 116.5-3 UPON SALES OF FERMENTED MALT BEVERAGES, MALT, VINOUS AND PAIRITUOUS LIQUORS. COUNCILMAN LAY MOVED, COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Discussion ensued. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Kreiling, Lone, Parkinson. Nays: Councilmen Dhority, Lay, Schwab. Absent: None. The Mayor declared the motion carried. Councilman Lone discussed the passing of handbills in the City and asked if the other members of Council were in favor of strengthening the laws with stricter qualifications regarding their distribution. City Attorney Criswell suggested the consideration of a Green River Ordinance or regualting hours of distribution. Mr. Diai .. ata~e~· , -. ~ 1 tlh•~·ke would determine .if maay cdlllplaints on handbills had been re- ceived. Councilman Fullerton stated that it would be interesting to I I I I I I I I Minutes of February 19, 1968 know the reaction of the general public to the passage of the air pollution ordinance as evidenced by phone calls and complaints or conanents. COUNCILMAN KREILING MOVED, COUBCILMAN LONE 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 12:14 A.M. 137