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:
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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.
* * * * * *
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·-· -=-------· ---
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.
* * * * * *
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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"
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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.
* * * * * *
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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.
* * * * * *
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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.
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