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HomeMy WebLinkAbout1969-07-07 (Regular) Meeting Minutes56 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 7, 1969 The City council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 7, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Jerry Springston of the First Christian Church. Pledge of Allegiance was led by Boy Scout Troop No. 92. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Absent: Councilman Parkinson. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, Assistant City Attorney Donovan, City Clerk Lyon. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 16 AND THE SPECIAL MEETING OF JUNE 23, 1969, BE APPROVED AS READ. Councilman Kreiling stated that the minutes should be clarified concerning the Lease and Option Agreement for the Oliner property, 35-3600 block of South Elati, for the police- fire headquarters that the $2.50 per square foot option price contained within the lease is reasonable and acceptable. City Manager Dial stated that comparative prices of other tracts of land in the adjacent area were made and that the $2.50 per foot purchase price was most reasonable. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following citizens from the list of "Special Citizen Program Invitees": Mr. H. E Hashberger, 3859 South Fox Street. Mr. Hashberger stated that he had received a notice to repair the sidewalk in front of his property, and he inquired of Council why his next door neighbor whose sidewalk is in worse condition did not receive a notice. City Council discussed the matter. Mayor Schwab stated that the administration would check into the situation. * * * * * * Mayor Schwab recognized the following Boy Scouts from Troop No. 333 and presented them and their troop a certificate for their service to the City of Englewood: I I I I I I I I Minutes of the July 7, 1969, regular City Council meeting. Jim Svigel Gary Durbin Daniel MacPherson Richard Irwin Certificates were also presented to Craig Frankowski and Robert Hosanna who were not present. Mayor Schwab also recognized the parents of Richard Irwin. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE FORMATION OF SIDEWALK IMPROVEMENT DISTRICT NO. 69 BE OPENED. Upon the call o.f the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried and the public hearing open at 8:20 P.M. (Note: A tape recording .of the public hearing is on file with the official records.) Listed below are those individuals who appeared before City Council: Mr. Stanley H. Dial, City Manager. Mr. Victor N. Jacobsen, 2742 South Acoma. Mr. Kells Waggoner, Director of Public Works. Mr. John D. Denning, 3168 South Cherokee. Mrs. Yurk, 3046 South Acoma. Mr. H. E. Hashberger, 3859 South Fox Street. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried and the public hearing closed at 8:50 P.M. * * * * * * The minutes of the Planning and Zoning Commission meeting of May 20, 1969, were received for the record. * * * * * * The minutes of the Water and Sewer Board meeting of June 17, 1969, were received for the record with two memoranda attached. Mr. J. Robert Mack, Assistant City Manager, appeared before City Council and briefly discussed the recommended inclusion of additional land within the South Arapahoe Sanitation District. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD REGARDING INCLUSION OF ADDITIONAL LAND INTO SOUTH ARAPAHOE SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: 457 458 Minutes of the July 7, 1969, regular City Council meeting. Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * A memorandum from Stephen A. Lyon, Director of Finance, regarding tax certificates held by the City for which no owner could be found was received for the record. Mr. Stephen A. Lyon, Director of Finance, appeared before City Council and presented a map designating the locations of the three parcels which are the subject of his June 25, 1969, memorandum. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE DIRECTOR OF FINANCE BE AUTHORIZED TO APPLY FOR TAX TITLE TO THOSE PARCELS FOR WHICH NO OWNER OF RECORD COULD BE DETERMINED OR LOCATED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: councilman Parkinson~ The Mayor declared the motion carried. * * * * * * A letter from the Honorable Haydn A. Swearingen, Municipal Court Judge, regarding the North American Judges' Associ- ation conference was received for the record. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE OUT-OF-STATE TRIP OF HAYDN A. SWEARINGEN, MUNICIPAL COURT JUDGE, TO THE NORTH AMERICAN JUDGES' ASSOCIATION CONFERENCE IN SAN FRANCISCO, CALIFORNIA, NOVEMBER 30 THROUGH DECEMBER 6, 1969, BE AUTHORIZED AT A COST OF $420. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: councilman Parkinson. The Mayor declared the motion carried. * * * * * * Election precinct maps for the 1969 election adopted by the Election Conunission on June 10, 1969, were received for the record. * * * * * * The minutes of the Board of Career Service Commissioners meeting of June 23, 1969, were received for the record. * * * * * * The minutes of the Parks and Recreation Commission meeting of June 11, 1969, were received for the record. * * * * * * The minutes of the Planning and Zoning Commission meeting of May 27, 1969, were received for the record. * * * * * * I I I I I I I I ·-· -=-------· --- Minutes of the July 7, 1969, regular City Council meeting. A memorandum from the Planning and Zoning Commission recommending South Santa Fe Lane be renamed South Windermere was received for the record. City Manager Dial presented a map showing the route of South Santa Fe Lane which is recommended to be renamed South Windermere. Mr. Dial stated that portiobs of South Santa Fe Lane either fronted on or were in the boundary of the corporate entities of Littleton and Sheridan and the County of Arapahoe. It was the consensus of City Council that prior to the action being taken on the renaming of South Santa Fe Lane to South Windermere that the staff make contact with the other political jurisdictions to inform them of the City's intent. * * * * * * BY AUTHORITY ORDINANCE NO. 24, SERIES OF 1969 AN ORDINANCE AMENDING CHAPTER 25 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, BY AMENDING SECTION 25.1 THEREOF AND BY ADDING A NEW SECTION TO BE KNOWN AS SECTION 25.2-7, TO AUTHORIZE VEHICLES TO MAKE RIGHT HAND TURNS ON STEADY RED LIGHTS, AFTER COMING TO A COMPLETE STOP, "EXCEPT AT INTERSECTIONS WHERE SUCH TURNS MAY BE SPECIFICALLY PROHIBITED. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 24, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 25, SERIES OF 1969 AN ORDINANCE AMENDING 116.5-20 (b) OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO INCREASE THE AMOUNT TO BE DEPOSITED UPON APPLICATION FOR A BUILDING PERMIT, AS SECURITY FOR PAYMENT OF THE TAX LEVIED BY 1116.5-17 FROM TWO PER CENT (2%) OF FORTY PER CENT (40%) OF THE ESTIMATED COST OF THE IMPROVEMENT OR OF THE TOTAL CONTRACT PRICE TO TWO PER CENT (2%) OF FIFTY PER CENT (50%) OF THE ESTIMATED COST OF THE IMPROVEMENT OR OF THE TOTAL CONTRACT PRICE. (Copied in full in the official Ordinance Book.) COUNCILMAN BROWN MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 25, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * 459 460 Minutes of the July 7, 1969, regular City Council meeting. BY AUTHORITY ORDINANCE NO. 26, SERIES OF 1969 AN ORDINANCE REPEALING SECTIONS 6.1 THROUGH AND INCLUDING 6.6-15, 6.7-7 THROUGH AND INCLUDING 6.7-9, 6.7-29 AND 6.7-30 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, TOGETHER WITH ANY OTHER ORDINANCE INCONSISTENT HEREWITH, AND ADDING TO CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD NEW SECTIONS 6.1-1 THROUGH AND INCLUDING 6.3-9 TO PROVIDE FOR THE ESTABLISHMENT AND ADMINISTRATION OF A CAREER SERVICE SYSTEM, AND TO PROVIDE FOR THE APPOINTMENT OF A PERSONNEL DIRECTOR, RECORDING SECRETARY AND OTHER NECESSARY CLERKICAL EMPLOYEES BY THE CITY MANAGER TO AID THE BOARD OF CAREER SERVICE COMMISSIONERS IN THE PERFORMANCE OF THEIR DUTIES AND RESPONSIBILITIES HEREUNDER AND TO PERFORM SUCH OTHER DUTIES AS ARE NOT INCONSISTENT THEREWITH. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 26, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Mayor Schwab stated that he had received a letter from the Englewood Firefighters' Association dated July 4, 1969. (Note: The letter is copied in full in the official minutes.) "ENGLEWOOD FIRE FIGHTERS ASSOCIATION July 4, 1969 Bobby L. Marshall Durrel c. Bates Box 127 3815 South Elati Kittredge, Colorado Englewood, Colo. To: Mayor Elmer Schwab and Members of the Englewood City Council Subject: Personnel Directors Position With reference to our last letter, which was given to each member of council and read before you at a regularly scheduled council meeting, we would like to express our recom- mendations once again, relative to retention of the Personnel Director in his present position. The members of the Englewood Fire Fighters Association have the understanding the responsibilities of the Personnel Director as a member of the Career Service Board include representation to the city administration of the city employees. Should the Personnel Director be placed under supervision of the City Manager, he could no longer function in this capacity. His first responsibility would be to the City Manager, and could no longer give impartial decisions on personnel matters as a member of the Career Service Board. Needless to say, this would defeat the purpose of the board. This city has accomplished many goals since its incorpora- tion, but more especially in the last few years our growth and progress has been very rapid. The only way we can continue, is to work together, with caution, to prevent or cause a serious delay or goal catastrophe in our joint progress to accomplish what is right for our cOlllllunity and everyone concerned. Contrary to commonly accepted beliefs of attitude between management and associations or unions, our association is very desireous of doing what we can to assist in accomplishing goals that will better our conanunity. Gentlemen, in summary, we want to impress upon you the importance of keeping our system free of dissention, turmoil and possibly a great deal of confusion. Should you decide to place the Personnel Director under the direct supervision of the City Manager, there would not be a need for the Career Service Board or the Personnel Director with the exception of formality or appearances. Yours Truly /s/ Bobby L. Marshall Bobby L. Marshall President" I I I I I I I I Minutes of the July 7, 1969, regular City Council meeting. Mr. Bob Marshall, president of the Englewood Firefighters' Association, appeared before City Council and discussed the letter and the proposed action of placing the Personnel Director under the City Manager. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreilin~, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * A report regarding emergency services pension plan was received for the record. * * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE l<NOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 69: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND PROVIDING FOR NOTICE TO CONTRACTS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS. COUNCILMAN LAY MOVED, COUNCILMAN LONE 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. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. ******• Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORD ·INANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF ENGLEWOOD TO EXECUTE A DEED TO A CERTAIN PARCEL OF LAND PRESENTLY OWNED BY THE CITY OF ENGLEWOOD CON- VEYING SAID LAND TO THE GATES RUBBER COMPANY, A COLORADO COR- PORATION, AND DECLARING AN EMERGENCY. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY ORDINANCE BE PASSED ON FIRST READING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: councilman Parkinson. The Mayor declared the motion carried. City Manager Dial stated that the City of Englewood would receive $222,000 fran the sale of McLellan Reservoir property to Gates Rubber Company. * * * * * * 461 462 Minutes of the July 7, 1969, regular City Council meeting. Assistant City Attorney Donovan reported that a hearing on a contempt citation brought against Mr. Robert E. Moody, 2352 West Harvard, for his failure to comply with the Englewood Housing Code would be held on July 30, 1969. * * * * * * Director of Public Works Waggoner stated that the cleaning up of the Kingsley property, 2350 South Tejon, would be started July 7, 1969. * * * * * * City Manager Dial reported that an amendatory contract had been received from the Department of Housing and Urban Development which incorporated the new location of Centennial Park. Mr. Dial stated that in addition to approving the Centennial Park site, the Department of Housing and Urban Development reduced the present contract from $282,000 to $277,360, an amount of $4,640 representing approximately $9,000 of development costs. Mr. Dial also indicated that the Department of Housing and Urban Development was reviewing whether it could participate in the $500 cost of acquiring County property. Mr. Dial stated that the loss on acquisition should the Department of Housing and Urban Development refuse to participate on acquisition of the county property would be more than $250 in grant money as that portion of the park development of the County property might become ineligible. The actual reduction might approximate $3,500 in grant money. City Manager Dial indicated that although Mr. Lyon and Mr. Romans wished to make a concerted attempt to have the contract restored to $282,000 it was his opinion that the chances of getting this amount restored were rather slim ·and that the construction of the site would be delayed until 1970 if the City of Englewood did not pass .a resolution authorizing execution of the contract with a separate motion directing the City Manager to attempt to have the funds restored which were cut from the con- tract. RESOLUTION NO. 25, SERIES OF 1969 A RESOLUTION APPROVING AND PROVIDING FOR EXECUTION OF PROPOSED SECOND AMENDATORY CONTRACT AMENDING CONTRACT FOR OPEN- SPACE PURPOSES BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE UNITED STATES OF AMERICA. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 25, SERIES OF 1969 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE CITY MANAGER BE DIRECTED TO ATTEMPT TO CAUSE THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO RESTORE THE $4,640 OF FUNDS WHICH HAD BEEN REDUCED BY THE OPEN-SPACE AMENDATORY CONTRACT APPROVED BY RESOLUTION NO. 25, SERIES OF 1969. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of the July 7, 1969, r .egular City Council meeting. · City Manager Dial stated that for · a number of years sani- tary sewer lines had been crossing private property on the south- west corner of Clarkson and U.S. 285. During the construction of the medical building by J. B Moorman Construction Company the fact that no easement for sewer lines was in effect was brought to the City of Englewood's attention. Mr. Dial presented an ease- ment agreement between the City of Englewood and South Clarkson Company and requested authorization for the Mayor and City Clerk to execute the agreement. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE EASEMENT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SOUTH CLARKSON COMPANY BE APPROVE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried. * * * * * * City Manager Dial reported briefly that he was in receipt of a letter from Mr. J. M.' Newland, 3595 South Cherokee, requesting that the City of Englewood establish dog license fees sufficiently high to cause the owners of dogs to be aware of their responsibilities. Mr. Dial read various excerpts of the letter. It was the consensus of Council that the administration look into the matter of establishing dog license fees and report back. * * * * * * City Manager Dial presented a copy of the first edition of the Englewood Municipal Reporter. Mr. Dial stated that this internal municipal newspaper was designed to keep employees informed of various happenings within the City of Englewood and that initially the publication would be quarterly. * * * * * * City Manager Dial stated that the protest of Mr. Howard Abbott for the estate of Russell Abbott concerning Paving District No. 17 had been on the basis that the subject property had been assessed the cost of curb, gutter and sidewalk in a previous paving district. Mr. Dial stated that a review of the City's records had indicated no such assessment. However, Mr. Abbott and Mr. M. O. Shivers, attorney, were of the opinion that the property had been assessed by Paving District No. 3, a district which was created either before or during the deepression years. Mr. Dial stated that he would have additional details at the next City Council meeting or at a study session. * * * * * * City Manager Dial requested that a study session be established for July 14, 1969. Mayor Schwab declared that such a session would be established. * * * * * * Mayor Schwab announced that the ground breaking for the Craig Rehabilitation Center would take place on July 11, 1969. * * * * * * Councilman Lone stated that there would be a public meeting of the Storm Sewer Conunittee in the Conununity Room, July 18, 1969, at 8:00 P.M. and requested that all those interested in the storm sewer situation to attend. * * * * * * 463 Minutes of the July 7, 1969, regular City Council meeting. City Council discussed the procurement of Federal aid through the State of Colorado for the new police-fire headquarters. City Manager Dial stated that the matter was currently under investigation and also called Council's attention to the fact that the City of Englewood received, indirectly, Federal aid through the State operated and Federally supported Colorado Law Enforcement Training Academy through which all Englewood officers have received course work. * * * * * * City Council discussed various items to be brought up at the July 14, 1969 study session. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Parkinson. The Mayor declared the motion carried and the meeting adjourned at 10:35 P.M. I I I I