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HomeMy WebLinkAbout1968-06-17 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JUNE 17, 1968 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 17, 1968 at 8 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by the Reverend Krimbrough, Englewood United Methodust Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following were present: Coun:::ilman Dhority Fullerton, Lay, Lone, Parkinson, Schwab. Absent: Councilman Kreiling. The Mayor declared a ·quorum present. Also present were: City Manager Dial, City Attorney Criswell, Assistant City Manager Mack, City Clerk Lyon. Mr. George H. Allen, 2799 Downing, Chairman of the Chamber of Cormnerce Legislative Conunittee appeared before City Council. Councilman Kreiling entered the City Council Chambers and took his seat with the Council at 8:10 P.M. Mr. Allen discussed the Legislative Committee's recom- mendation that the Police Department be relocated as quickly as possil>le in the available space in City Hall and the Englewood Fire Department be remodeled in its present location on a tempor- ary basis for housing of new equipment. He also recommended that the City undertake a study for a new location for the Fire Department. Mr. Don Marshall, 3395 South Bannock, appeared on behalf of the Chamber of Camnerce on said recommendations. Mr. George H. Allen reappeared and offered the assis- ta'lce of the Chamber of Conunerce in improvement of the Fire and Police facilities. Upon question Mr. Allen stated that the esti- mate for relocating the Police Department in City Hall was $200,000. Chief of Police Clasby and Fire Chief Sovern, appeared before City Council and discussed the Chamber of Commerce's re- conunendations. Mr. Stewart Shaffer, Jr., President of the Englewood Jaycees, appeared before the City Council arid requested financial assistance for the July 4th fireworks display to be held at Englewood High School. COUNCILMAN LONE MOVED, COUNCILMAN FULLERTON SECONDED THAT THE $350 BE DONATED TO THE ENGLEWOOD JAYCEES FOR THE JULY 4th FIREWORKS DISPLAY. 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. Introduced as a Bill by Councilman Lone and read by title. A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT NO. 68: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND PROVIDING FO~ NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED THAT THE PUBLIC HEARING ON THE FORMATION OF SIDEWALK DISTRICT NO. 68 , BE OPENED. Upon the call of the roll, the vote resulted as follows: 11 I I I I I I I I Minutes of the June 17, 1968, meeting -Insert Englewood City Council Englewood City Hall Englewood, Colorado Dear Sirs: 3060 South Newport Denver, Colorado 80222 June 17, 1968 As property owners in the proposed Sidewalk Improvement District No. 68, in the 2700 block of South Cherokee, we hereby register a protest against the proposal. After much consideration, we feel that the construction and installation of sidewalks proposed are neither necessary nor would they necessarily serve the public welfare or confer any benefit at all upon the real property abutting the same. Recently, when the alley was paved, part of the sidewalk in our partic- ular area was replaced. It is still in excellent condition. We realize that city legal provisions require landowners to repair or replace sidewalks that are unsafe or inadequate. This is a fair require- ment with which we are happy to comply. But to be required to finance · new sidewalks to replace perfectly adequate ones seems an unjust burden upon the taxpayer. There are numerous areas of Englewood without sidewalks at all. Some have no curbs or storm sewers. One example is in the 2700 block of South Delaware, o~e block from our property on 2700 South Cherokee. Ours is a part of the proposed improvement district. Delaware is not. It appears that there are many locations that need attention before sidewalks that are good are replaced. Perhaps the reason for the proposed sidewalk improvement district is an attempt to change traffic patterns. If so, we do not feel that the property owners of a given area should be forced to bear the entire financial burden. If the entire city is to benefit through better traffic in the "New Englewood" area, then the city, as a whole, should help pay for the change. When the alley between 2700 South Bannock and 2700 South Cherokee was paved a few years ago, it meant that we not only payed our share of the alley, but for a new storm sewer and drainage canal, almost all of a new sidewalk, and also new curbs that were replaced to facilitate the drainage. We did not protest. It seemed necessary at the time and seemed to enhance the property. However, the chabges (sic) proposed now do not seem necessary. We strongly feel that they are not justified by need and that it is our duty, as citizens, to protest. Sincerely, Mr. & Mrs. E. Ross King . 207-A I I I I Ayee: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the Public Hearing opened at 9:07 P.M. City Manager Dial discussed the proposed sidewalk district. Director of Public Works Waggoner, appeared before City Council and reviewed the estimate of cost on the district. Mr. Waggoner stated that the cost of removal of trees on public property and the fuilding of sidewalks and curbs at inter- sections would be absorbed by the City of Englewood. Mr Waggoner stated that June 17 had been established as the cut-off date for permits to be obtained by private individuals to repair the side- walk themselves. Director of Finance Lyon read a letter from Mr. & Mrs. Ross King, 3060 S. Newport, Denver, Colorado, protesting the in- clusion of their properties in the 2700 block of South Cherokee within the district. (Mr. & Mrs. King's letter is copied in full in the Official Minutes.) Mrs. E. Ross King, 3060 South Newport, Denver, Colorado, appeared before the City Council and discussed her letter. Mr. Havelott, 2845 South Bannock appeared before City Council requesting clarification on any future cost to property owners, should the street be widened. Mr. Havelott was informed that should it be necessary for t he City of Englewood to widen Bannock, the replacement of curbs and gutters and sidewalks would be at the City's expense at that time. Mr. Gary Nixon, 2829 South Cherokee, appeared before City Council and requested clarification of the City's policy concerning the assessment. Mr. Charles Green, 2988 South Bannock, appeared before the City Council. Mr. Green stated that his objections were that he could not afford it, the sidewalk improvements were to be placed on city property, and other areas needed sidewalks first. After discussion and explanation of the district he stated that he had no further objections. Mrs. Charles Green, 2988 South Bannock, appeared before City Council and stated that her only objection was the fact that there was a lack of communication between the City of Englewood and the property owners in the district. COUNCILMAN LAY MOVED, COUNCILMAN FULLERTON SECONDED THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton; Kreilin9, Lay, Lone, Parkinson, Schwab. Nays: None • .Absent: None. The Mayor declared the hearing closed at 10:00 P.M. Memorandum from the Planning and Zoning Commission re- commending the vacation of West Grand Avenue between South Broadway and South Acoma Street was received for the record. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION REGARDING THE VACATION OF WEST ~RAND AVENUE BETWEEN SOUTH BROADWAY AND SOUTH ACOMA BE APPROVED. Mr. Bill Crouch, 5001 South Broadway, appeared before City Council on behalf of the proposed vacation. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreili~g,:Lay, Lone, Parkinson, Schwab. -~7 208 Nays: None. Absent: None. The Mayor declared the motion carried. The minutes of the Public Library Board meeting on June 11, 1968 were received for the record with a memorandum recommending renewal of an agreement between the City of Englewood and the Arapahoe Regional Library District whereby the City of Englewood would provide library services to residents of said district. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED THAT THE PROPOSED AGREEMENT BETWEEN THE ARAPAHOE COUNTY REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD FOR LIBRARY SERVICE TO DISTRICT RESIDENTS BE APPROVED AND THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN SAID AGREEMENT. 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. A letter from the Colorado Water Conservation Board requesting municipal assistance in flood control facility construc- tion was received for the record. Mayor Schwab appointed Councilman Kreiling to represent the City of Englewood in the meeting to be held by the Colorado Water Conservation Board in regard to channel improvements below Chatfield Dam. Director of Public Works Waggoner was designated as Councilman Kreiling's alternate. The minutes of the Planning and Zoning Commission meeting of May 29, 1968 were received for the record. A memorandum from the Planning Director reporting on the A.S.P.O. Conference was received for the record. A letter fran the Department of Highways regarding the State Highway 70 -South Broadway interchange was received for the record. The City Manager Dial presented to members of City Council a drawing of a proposed interchange at the intersection of State of Colorado 70 and South Broadway. RESOLUTION NO. 27, SERIES OF 1968 A RESOLUTION DELCARING THE INTENT OF THE CITY OF ENGLEWOOD, COLORADO TO ENDORSE THE RECOMMENDATIONS OF THE COLORADO DEPARTMENT OF HIGHWAYS TO CONSTRUCT A TRAFFIC INTERCHANGE AT THE JUNCTION OF STATE HIGHWAY 70 AND SOUTH BROADWAY AVENUE, WITH IN THE MUNICIPAL LIMITS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN FULLERTON MOVED, COUNCILMAN LAY SECONDED THAT RESOLUTION NO. 27 SERIES OF 1968 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Lone, Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Parkinson, Schwab. The monthly financial report was received for the record •. The minutes of the Board of Adjustment and Appeals regular meeting of May 8, 1968 were received for the record. The minutes of the Board of Adjustment and Appeals special meeting of May 27, 1968 were received for the record. The minutes of the Parks andRecreation Commission special meeting of June 4, 1968 were received for the record. I I I I I I I I Mayor Schwab called a recess of City Council at 10 1 : 35 P .M. Upon the call of the roll, the following were present: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. City Attorney Criswell stated that the City of Englewood and Englewood School District #1 had for sane time discussed the possibility of execution of a joint idemnification agreement, concerning liabilities arising from the City operating on school property and any school operations on city property. Mr. Criswell read the agreement. COUNCILMAN FULLERTON MOVED, COUNCILMAN LAY SECONDED THAT THE JOINT IDEMNIFICATION AGREEMENT WITH SCHOOL DI STRICT NO •.. #1, ARAPAHOE COUNTY BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT. 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. City Attorney's Opinion No. 68-3 upon the propriety of placing an auto chopper in an I-2 zoned district was presented and discussed. City Attorney Criswell reported to City Council upon the litigation arising from the failure of the owners of City Hall to allow the City of Englewood to exercise its option under provisions of the lease. Mr. Criswell stated that he had demanded arbitration and that he expected to receive a list of arbitrators within the next 72 hours. He further stated that the City of Englewood may file a suit questioning the right that the property owners have to receive rent as opposed to mortgage holders who have been assigned the rent: if any rent is owed by the City at all. Mr. Criswell stated that he requested of the City Council authorization to employ Mr. Fred Winner, the City Council authori- zation to employ Mr. Fred Winner, Capital Life Center, Denver, Colorado, as special counsel if the litigation is taken to court or to arbitration. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SE- CONDED THAT THE CITY OF ENGLEWOOD EMPLOY AS SPECIAL COUNSEL:· MR. MR. PRED WINNER, CAPITAL LIFE CENTER, DENVER, COLORADO, IN THE CITY HALL LITIGATION. City Attorney Criswell reported to City Council on the preliminary agreement between City of Englewood and the Kent Village Association which expires on July 1, 1968, and which calls for either a formation of a water and sewage district or annexation of said property to the City of Englewood. Mr. Criswell stated the prime concern of the owner was South Race Street which had been build as a cul de sac and not as a through street as dedica~ed. Mr. Criswell stated the construc- tion of the street as a cul de sac had been contrary to the City's desires and that the present owners felt or were afraid that if annexed to the City, the street would be opened. The matter was discussed in detail. City Attorney was instructed to contact the owner's attorneys, notifing them that the city would entertain annexation petitions which incorporated as conditions that the City of Englewood would vacate that portion of South Race Street which had been dedicated but not constructed, would accept dedica- tion of the necessary utility easements. It was also stated that the City of Englewood would grant a temporary extension of the pre- liminary water and sewer service agreement upon the filing of the petition. The administrative staff was instructed to investigate the construction of the cul de sac further. City Attorney Criswell reported on the City's attempt to obtain immediate possession of the Herndon property located at Belleview Park Addition. At the court hearing, it had been learned that nursery stock was located on the property and the court had ordered that in addition to the $15,000 necessary for immediate ·209 210 possession, the City would be required to pay $8,000 for the nur- sery stock. Mr. Criswell stated the legal question posed is whether nursery stock is considered real estate. It was the con- sensus of City Council that the City Attorney obtain a re-hearing upon the question of whether the nursery stock is real property. City Attorney Criswell reported that the hearing on the KLZ re-zoning is proceeding to litigation as scheduled. Mr. Cris- well stated that the plaintiffs intend to file a motion to add to their complaint that is unlawful to engage in contract zoning in Colorado and further that the KLZ re-zoning was granted based upon a contract that certain restrictive convenants be filed with the land. Mr. Criswell stated that depositions of Councilmen may be taken in the near future. The following bill was previously introduced and read by title only, was read in full. Introduced as a Bill by Councilman Lone. A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 68: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED PASSAGE ON FIRST READING. 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. A proposed bill for an ordinance amending those chapters of the City Code which deal with gambling was presented and dis- cussed. Introduced as a Bill by Councilman Lay, and read in full. A BILL FOR AN ORDINANCE AMENDING SECTION 19.3-10, THROUGH AND INCLUD- ING, SECTION 19.3-12 AND ADDING A NEW ARTICLE 18 TO CHAPTER 17 OF THE MUNICIPAL <D>DE OF THE CITY OF ENGLEWOOD TO PROHIBIT THE PLAYING OR PARTICIPATING IN ANY GAME OF CONTEST INVOLVING THE APPLICATION OF AN ELEMENT OF CHANCE AND REQUIRING LICENSES FOR THE CONDUCTING OF GAMES OR CONTEST OF SKILL. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED PASSAGE ON FIRST READING. Discussion ensued. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED THAT THE PROPOSED BILL FOR AN ORDINANCE BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lone, Parkinson, Schwab. Nays: Councilman Lay. Absent: None. The Mayor declared the motion carried. City Attorney Criswell reported that the litigation brought by Safeway Corporation against the City of Englewood for its failure to issue a 3.2 beer license would be tried on June 19, 1968. City Manager Dial discussed the Bill for an Ordinance on final reading amending the City of Englewood weed and trash removal ordinance. Mr. Dial outlines administrative procedures that would be followed upon implementation of this ordinance. I I I I I I I I ORDINANCE NO. 23, SERIES OF 1968 AN ORDINANCE AMENDING CHAPTER 12 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD AND REQUIRING THE REMOVAL OF WEEDS AND RUBBISH FROM PRIVATE PROPERTY WITHIN THE CITY, AUTHORIZING THE CITY TO REMOVE THE SAME IF OWNERS OR OCCUPANTS OF THE AFFECTED PROPERTY FAIL OR REFUSE TO DO SO AND AUTHORIZING ASSISSMENT OF COSTS AND EXPENSES BY THE CITY IN SUCH INSTANCES. COUNCILMAN LONE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE APPROVED 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 Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. NAys: None. Absent: None. The Mayor declared the motion carried. City Manager Dial presented an agreement between the Cherry Hills Fire Protection District and the City of Englewood for mutual fire service protection. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECOND-· ED THAT THE MUTUAL FIRE SERVICE AGREEMENT BETWEEN CHERRY HILLS FIRE PROTECTION DISTRICT AND THE CITY OF ENGLEWOOD BE APPROVED AND THE MAYOR & FINANCE DIRECTOR BE At7rHORIZED TO EXECUTE SAID AGREEMENT. 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 Dial reminded the members of City Council of the Colorado Municipal League Conference in Colorado Springs, June 19-21. City Manager Dial stated that the City of Englewood had received a proposed agreement with the State of Colorado whereby the City would receive $2,459.19 from the State for certain library services and improvements. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECOND- ED THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE PROPOSED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO FOR A LIBRARY GRANT. 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 reported that the low bidder on Paving District #17, Peter Kiewit Sons, Denver, Colorado, had quoted two prices for the removal of curb and gutter. The first price was $.45 per lineal foot for the property owner's portion of the District and $.42 per lineal foot for the City's portion. Mr. Dial stated that the uniform unit price of $.435 per lineal foot was desirable and requested that the contract be amended in this fashion. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED THAT THE CONTRACT WITH PETER KIEWIT SONS FOR PAVING DISTRICT NO. 17 BE AMENDED TO A UNIFORM PRICE FOR REMOVAL OF CURB AND GUTTER OF $.435 PER LINEAL FOOT. Upon the call of the roll, the vote result- ed as follows: • 211 212 Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Manager Dial stated that $4,000 had been appropriated for an actuarial consultant to study a pension program. He discus- sed the formation of a pension plan with City Council. At the con- clusion of the discussion, Mayor Schwab appointed Councilman Lay and himself to serve as City Council's representives on a commit- tee to work with the aceuary. City Manager Dial presented a memorandum from Mr. J. Robert Mack, Assistant City Manager, concerning local firms which might be considered for the City of Englewood's 1968 audit. Upon conclusion of the discussion, Councilman Dhority and Councilman Parkinson were appointed to a committee to review possible auditors for 1968 and report back to City Council. A memorandum for Director of Finance Lyon concerning the increased property values for New Englewood Shopping Center was received. City Council discussed Councilman Fullerton's letter of resignation. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED THAT THE CITY COUNCIL ACCEPT RELUCTENTLY AND WITH REGRET THE RESIGNATION OF COUNCILMAN FULLERTON EFFECTIVE JUNE 30, 1968~ Upon the call of the roll, the vote ~esulted as follows: Ayes: Councilman Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Abstained: Councilman Fullerton. Absent: None. Councilman Fullerton made a statement discussing his term on the Council. The method of determing a replacement for Councilman Fullerton was discussed. It was the consensus that City Council would reveiw applicants as a committee of the whole on July 8, 1968. Councilman Fullerton reported that he had discussed the Englewood-Littleton bus line with officials of the State of Colorado and they had indicated the State's willingness to participate in financial underwriting of the bus. Councilman Kreiling discussed the placement of dump trucks in public areas on weekends for grass pick-up. Councilman Lay stated that a market within his neighbor- hood had been denied a fire works license, and he inquired as to the reason for this denial. City Manager Dial stated that he would determine the reasons for such a denial and inform Councilman Lay. Councilman Kreiling stated that he had been asked by the residents in the 3100 block of South Williams to express their appreciation to the emergency services of the City in rendering assistance in the neighborhood in recent weeks. COUNCILMAN LONE MOVED, COUNCILMAN KREILING 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: • I I I I