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HomeMy WebLinkAbout1969-03-17 (Regular) Meeting MinutesI I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 17, 1969 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 17, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Allen Strong of the First Presbyterian Church. Pledge of Allegiance was led by Boy Scout Troop No. 333. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Lay, Kreiling, Dhority, Brown, Schwab. Absent: Councilmen Parkinson, Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF FEBRUARY 3, 1969, FEBRUARY 17, 1969, AND MARCH 3, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: councilmen Parkinson, Lone. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following from the list of "Special Citizen Program Invitees": Mr. and Mrs. Robert Jones, 2995 South Grant Street, Englewood, Colorado. Mr. Roger Howard and his mother, 4709 South Sherman Street, Englewood, Colorado. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF LOTS 11 THRU 23, BLOCK 15, JACKSON'S BROADWAY HEIGHTS FROM R-1-C TO R-3-B BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilmen Parkinson, Lone. The Mayor declared the motion carried and the public hearing open at 8:15 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) Mrs. D A. Romans, Planning Director, appeared before City Council and discussed the rezoning. Exhibit No. 1 Exhibit No. 2 Petition containing 33 signatures (unverified) Map showing area where petition was circulated 381 382 Minutes of the March 17, 1969, regular meeting. Exhibit No. 3 Exhibit No. 4 Photographs of property Plans of structure proposed to be built on the property (Councilman Parkinson entered the Council Chambers at 8:20 P.M. and took his seat.) Mr. Wilbur G. Wright, 6088 South Lakeview, appeared before City Council and discussed the rezoning. Mr. Robert Card, 4079 South Acoma, appeared before City Council in favor of the rezoning. Note: No one appeared in opposition to the rezoning. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried and the public hearing closed at 8:35 P.M. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF LOTS 11 THRU 23, BLOCK 15, JACKSON'S BROADWAY HEIGHTS FROM R-1-C TO R-3-B BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * The minutes of the Planning and Zoning Commission meeting of February 1 9, 1969, were received for the record. * * * * * * A memorandum from the Public Library Board recommending the retention of architectural services for library expansion was received for the record. City Manager Dial stated that the cost of retaining an architect to study library expansion as proposed in the Library Board's recommendation was estimated at $2,500 and that a very general cost estimate of the proposed expansion is placed at $110,000. City Manager Dial recoanended that the proposed retention of architectural service for library expansion be submitted to the Planning Commission for its review with other capital improve- ment programs and establishment of a priority recommendation for the 1970 Budget. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE PUBLIC LIBRARY BOARD BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of the March 17, 1969, regular meeting. The financial statements of the Fire and Police Pension Funds as of December 31, 1968, were received for the record. * * * * * * The financial statements of the General, Water, Sewer, and Public Improvement Funds as of February 28, 1969, were received for the record. * * * * * * The financial statement of the Recreation Fund as of February 28, 1969, was received for the record. * * * * * * A memorandum from Stephen A. Lyon regarding tax certi- ficates held by the City was received for the record. RESOLUTION NO. 11, SERIES OF 1969 A RESOLUTION AUTHORIZING THE CITY CLERK TO ENTER INTO AGREEMENTS FOR THE REDEMPTION OF TAX CERTIFICATES HELD BY THE CITY OF ENGLEWOOD. (Copied in full in the official Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 11, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * A memorandum from the Planning and Zoning Conunission recommending authorization for attendance at the American Society of Planning Officials Conference in Cincinnati, Ohio, April 20 to 24, 1969, was received for the record. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT THE PLANNING DIRECTOR AND A MEMBER OF THE PLANNING AND ZONING COMMISSION BE AUTHORIZED TO ATTEND THE CONFERENCE OF THE AMERICAN SOCIETY OF PLANNING OFFICIALS IN CINCINNATI, OHIO, APRIL 20 TO 24, 1969. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * A revised schedule for Paving District No. 17 was received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 11, SERIES OF 1969 AN ORDINANCE VACATING AN ALLEY LOCATED WITHIN BLOCK 6, HIGGINS ENGLEWOOD GARDENS, COUNTY OF ARAPAHOE, CITY OF ENGLEWOOD, STATE OF COLORADO, AND RESERVING AN EASEMENT THEREIN FOR SEWER, GAS, WATER, AND SIMILAR PIPELINES, APPURTENANCES AND UTILITIES, AND FOR ELECTRIC, TELEPHONE AND SIMILAR LINES, APPURTENANCES AND UTILITIES. (Copied in full in the official Ordinance Book.) 383 Minutes of the March 17, 1969, reqular meeting. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 11, SERIES OF 1969, 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 Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 18, ORDERING THE CONSTRUCTION THEREIN OF STREET AND AVENUE IMPROVE- MENTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAY- MENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. * * * * * * Introduced as a Bill by Councilman Kreiling and read in full, A BILL FOR AN ORDINANCE AN ORDINANCE ESTABLISHING FOUR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD AND REPEALING ORDINANCE NO. 14, SERIES OF 1963, ORDINANCE NO. 9, SERIES OF 1967, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. * * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE AN ORDINANCE AMENDING ARTICLE 16.5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO LEVY THE TAX IMPOSED BY SAID CHAPTER UPON ALL SALES OF FERMENTED MALT BEVERAGES, MATL, VINOUS OR SPIRITUOUS LIQUORS AND UPON THE RENTAL PRICE OF ALL LODGING ROOMS LET OR RENTED FOR A PERIOD OF LESS THAN THIRTY (30) DAYS. City Council discussed whether to postpone the bill for an ordinance until the next City Council meeting. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED 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 Lay, Dhority, Brown, Schwab. Nays: councilmen Parkinson, Kreiling, Absent: Councilman Lone. 1 The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DISPOSAL OF WEEDS OR RUBBISH THEREFROM. COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. I I I I I I I I Minutes of the March 17, 1969, regular meeting. Upon the call of the roll, the ·vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ON ESTABLISHING FOUR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD 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 Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Criswell reported that the City of Englewood, the City Manager, and other municipal officials had been named in a civil suit filed by Mr. Oliver S. Kingsley, 720 Quitman Street, for violation of Mr. Kingsley's civil rights because of said officials requiring the cleaning of property located at 2350 South Tejon Street. Mr. Criswell requested authorization of the City Council to defend this action. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD AND ITS MUNICIPAL OFFICIALS IN THE CIVIL ACTION BROUGHT AGAINST THEM BY MR. OLIVER S. KINGSLEY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. 1 The Mayor declared the motion carried. * * * * * * City Attorney Criswell reported that the Fout property had been acquired through eminent domain proceedings at a purchase price of $55,000. Mr. Criswell stated that one park property was left to acquire: that owned by Mr. Herndon at Englewood-Belleview Park Addition. * * * * * * City Council discussed the bill for an ordinance establishing Paving District No. 18. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING WITH THE DELETION OF THE 3800 BLOCK SOUTH DELAWARE FROM THE DISTRICT AND THE APPROPRIATE ADJUSTMENTS ATTENDANT TO THIS DELETION MADE AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab: Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * 385 386 Minutes of the March 17, 1969, regular meeting. City Attorney Criswell stated that the redistricting of City Council districts must be passed on second reading prior to April 7, 1969, in order for it to become effective six months prior to the next municipal election as required by the City Charter. Mr. Criswell stated that the only other way to avoid falling within the six month time limit would be for the City Council to make tl • ...: bill for an ordinance an emergency. COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT SAID BILL FOR AN ORDINANCE IS HEREBY AMENDED TO BE AN EMERGENCY AND THAT THE FINANCE DIRECTOR BE INSTRUCTED TO ADD THE NECESSARY EMERGENCY CLAUSES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial gave an oral report concerning the opening of the library on Sundays. Mr. Dial stated that the cost of this opening for the ten Sundays would be $650. Councilman Lay requested additional information during the course of the experiment and after the ten Sunday openings have been canpleted. * * * * * * City Manager Dial presented a memorandum concerning service connected injury compensation allowed by the City of Englewood. * * * * * * A memorandum from the Director of Public Works, Kells Waggoner, discussing allocation of work to be obtained from the Arapahoe County Road and Bridge Fund mill levy credit to the City of Englewoo 3 was r~.eived by City Council. City Council discussed the reconunendation and need for improvements on South Clarkson Street from U.S. 285 to East Belleview Avenue. * * * * * * City Manager Dial requested Council's approval of the attendance by the Director of Finance Lyon to the University of Kansas' City Management School, April 23 .to 25, 1969, at a cost not to exceed $200. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE ATTENDANCE OF THE DIRECTOR OF FINANCE TO THE CITY MANAGE- MENT SCHOOL AT KANSAS UNIVERSITY BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. 1 The Mayor declared the motion carried. * * * * * * City Manager Dial presented to members of City Council a Lease and Option Agreement between the City of Englewood and Mr. Ernest Herbertson and others for the lease of 4.1 acres located near the Sewage Disposal Plant. Mr. Dial stated that the lease had a term of thirty-five years and called for a total rental payment during the period of $210,000. Against the $210,000 there is to be applied a credit of $18,000, the value of the land located at the Natches Court site which is to be deeded to Mr. Herbertson. I I I I I I I I Minutes of the March 17, 1969, regular meeting. City Council discussed the lease. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE LEASE BETWEEN THE CITY OF ENGLEWOOD AND MR~ ERNEST HERBERTSON AND THE WARRANTY DEED CONVEYING THE NATCHES COURT SITE TO MR. HERBERTSON FOR A SUM OF $18,000 AS RECOMMBRDED BY THE CITY MANAGER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial reported that a letter from Mr. Don West of the Colorado Division of Game, Fish, and Parks requesting that an affidavit be given by the City that it intends to obtain its share of the funds for development of a golf course at the McLellan Reservoir site if the application for matching funds is approved by the State had been received. City Council discussed the requested response. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY RESPOND TO THE INQUIRY FROM THE DIVISION OF GAME, FISH, AND PARKS THAT THE CITY INTENDS TO OBTAIN ITS SOURCE OF FUNDS FOR THE DEVELOPMENT OF THE GOLF COURSE FROM A REVENUE BOND ISSUE OR FROM A BOND ISSUE OF A NON-PROFIT GOLF COURSE AUTHORITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial announced that the Library Director, Mrs. Phyllis Wiebe, had submitted her resignation effective June 6, 1969. Mr. Dial stated that the City would begin a search for a new Library Director. * * * * * * City Manager Dial reported that Student Government Day had been scheduled for April 25, 1969, and the Student City Council meeting to be held in connection with Student Government Day had been scheduled for 7:30 P.M., May 5, 1969. * * * * * * City Manager Dial stated that a new Police and Fire radio repeater tower had been erected on top of the Continental National Bank Building in the last few weeks. * * * * * * City Manager Dial reported that he would be out of town April 17 to 19, 1969, to attend the International City Managers' Association Conference in Riverside, California and April 24 to 25, 1969, to attend a meeting of the New Mexico State Managers' Association. * * * * * * Councilman Lay requested that the City Manager set up meetings between the City Council and the various boards and commissions at least biannually. City Manager Dial suggested that the second City Council meeting of each month be preceded by a dinner meeting with one of the various boards. * * * * * * 387 388 Minutes of the March 17, 1969, regular meeting. Councilman Lay suggested that the Mayor designate a citizens ' budget conanittee. Mayor Schwab discussed the proposal and stated that further discussion could be given at the City Council retreat scheduled for May 16, 17, and 18, 1969. * * * * * * Councilman Lay stated that he had received a number of responses from the citizens stating their pleasure with the location of Centennial Park and the type of park planned. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE REZONING OF LOTS 11 THRU 23, BLOCK 15, JACKSON'S BROADWAY HEIGHTS FROM R-1-C TO R-3-B BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 12, SERIES OF 1969 AN ORDINANCE AMENDING ORDINANCE NO. 26, SERIES OF 1963, ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD , COLORADO, AND THE ZONING MAP ATTACHED THERETO, TO REZONE CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED THEREIN FROM R-1-C (SINGLE FAMILY RESIDENTIAL) TO R-3-B (MULTI-FAMILY RESIDENTIAL), PURSUANT TO THE APPLICATION OF WILBUR WRIGHT AND RELATING TO THE SOUTH HALF OF THE 4000 BLOCK OF SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 12, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreilinq, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN PARKINSON MOVED, THAT THE BILL FOR AN ORDINANCE ON THE MR. W. H. THORNEY BE REMOVED FROM THE roll, the vote resulted as follows: COUNCILMAN LAY SECONDED, REZONING REQUESTED BY TABLE. Upon the call of the Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. Introduced as a Bill by Councilman Parkinson and read in full, I I I I I I I I Minutes of the March 17, 1969, regular meeting. A BILL FOR AN ORDINANCE AMENDING QRDINANCE NO. 26, SERIES OF 1963, ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ZONING MAP ATTACHED THERETO, TO REZONE CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED THEREIN FROM R-2-A (TWO-FAMILY RESIDENTIAL) TO R-3-B (MULTI-FAMILY RESIDENTIAL), PURSUANT TO THE APPLICATION OF W. H. THORNEY AND RELATING TO THE 3000 BLOCK OF SOUTH DELAWARE STREET, ENGLEWOOD, COLORADO. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE AND THAT A PUBLIC HEARING BE ESTABLISHED FOR APRIL 7, 1969, AT 8:00 P.M. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Councilman Kreiling requested the City Attorney to draft a bill for an ordinance and present it at the next City Council meeting removing the business and occupational tax from liquor establishments. * * * * * * COUNCILMAN SCHWAB MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried and the meeting adjourned at 11:25 P.M.