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HomeMy WebLinkAbout1969-08-18 (Regular) Meeting Minutes480 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO AUGUST 18, 1969 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 18, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Mr. Stanley H. Dial, City Manager. 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 Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Absent: Councilman Lay. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, Assistant City Attorney Donovan. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST ' 18, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. G. E. Stacy, 3900 South Sherman Street, from the list of "Special Citizen Program Invitees . " · Mr. Stacy stated that the meeting was very impressive and that he would like to cormnent on the City's one-way street pattern. Mr. Stacy stated that since South Sherman Street had become one way more traffic is on the street, two accidents have occurred at the intersection of Mansfield and Sherman, and problems have resulted with children crossing the street to attend Maddox Elementary School and Englewood High School. Mr. Stacy stated that in order to alleviate these problems the City should con- sider the elimination of South Sherman Street as one way or the installation of traffic signals at the intersection of South Sherman Street and West Mansfield Avenue. Mayor Schwab stated that this matter would be looked into. * * * * * * A memorandum from the Board of Adjustment and Appeals recormnending an encroachment at 3475 South Pennsylvania Street was received for the record. COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN ENCROACHMENT AT 3475 SOUTH PENNSYLVANIA STREET BE ACCEPTED. Discussion ensued. I I I I I I I I Minutes of the August 18, 1969 regular meeting. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * The minutes of the Planning and Zoning Commission meetings of July 22 and August 5, 1969 were received for the record. * * * * * * The July, 1969 financial report was received for the record. * * * * * * City Manager Dial presented a map showing the segments of two alleys which are proposed to be vacated. Mr. Dial stated that one proposed vacation resulted from a recommendation of the Planning and Zoning Commission and the other from a request of Mr. Charles Bush, owner of the Dry Creek Shopping Center, to vacate a 25-foot section of the Logan-Grant alley in the 3500 block. Assistant City Attorney Donovan stated that in rega rd to the latter request, Mr. Bush has given the City of Englewood a perpetual easement making the proposed vacation effective. (This is a stipulation in the proposed bill for an ordinance vacating the alley.) Introduced as a Bill by Councilman Dhority and read in full. A BILL FOR AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 4, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD, STATE OF COLORADO. COUNCILMAN DHORITY 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 ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. Introduced as a Bill by Councilman Dhority and read in full. A BILL FOR AN ORDINANCE VACATING A CERTAIN PUBLIC ALLEY, ACCESS WAY OR RIGHT OF WAY PRESENTLY EXISTING WITHIN BLOCK 3, BIRCH'S ADDITION TO BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOOD, STATE OF COLORADO, AND RETAINING AN EASEMENT FOR UTILITIES. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING 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: 481 482 Minutes of the August 18, 1969 regular meeting. Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lone and read in full. A BILL FOR AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY KNOWN AS "SOUTH PECOS STREET" FROM THE POINT OF ITS INTERSECTION WITH WEST TUFTS AVENUE TO THE POINT OF ITS INTERSECTION WITH THE CITY LIMITS OF THE CITY OF ENGLEWOOD AND THOSE PORTIONS OF THAT STREET PRESENTLY KNOWN AS "SOUTH SANTA FE LANE" WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM ITS INTERSECTION WITH WEST TUFTS AVENUE TO ITS INTERSECTION WITH WEST KENYON AVENUE TO "SOUTH WINDERMERE STREET", EFFECTIVE 12:01 A.M. ON THE FIRST DAY OF JANUARY, 1971. COUNCILMAN LONE MOVED, COUNCILMAN BROWN 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. City Manager Dial stated that he had previously been asked to inform Arapahoe County and the City of Sheridan of the City's intent to rename South Pecos Street and South Santa Fe Lane to South Windermere Street. Mr. Dial stated that .he had received approval from both entities and read a letter fran Mrs. Hutcheson, City Clerk of the City of Sheridan, stating such. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 28, SERIES OF 1969 RESOLUTION APPROVING A MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO ENTITLED "THE COMPREHENSIVE PLAN FOR ENGLEWOOD, COLORADO I 1969. II (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 28, SERIES OF 1969 BE ADOPTED AND APPROVED. Discussion ensued. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: councilman Lay. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of the August 18, 1969 regular meeting. Assistant City Attorney Donovan reported on the liti- gation of Mr. Robert E. Moody, 2352 West Harvard, for his failure to comply with the Englewood Housing Code. Mr. Donovan stated that at the court hearing on the contempt citation he could not fully advise the court of the situation as the building inspectors were not allowed on the property. Mr. Donovan stated that the court ordered Mr. Moody to let the building inspectors inspect his property and that he was waiting for a written report from the Building Department in order to give the court the exact status of Mr. Moody's compliance with the Code. * * * * * * Assistant City Attorney Donovan reported on the liti- gation of Mr. Oliver S. Kingsley, 2350 South Tejon. Mr. Donovan stated that three suits were pending against Mr. Kingsley. The first one concerns the cleaning up 0£ his property. Mr. Donovan stated that the court has given Mr. Kingsley a stay of execution (90 days) in which to clean up his property at his own expense and that if any disagreement should occur between the City and Mr. Kingsley as to what items constitute junk, both parties should resolve the discrepancy themselves. If unable to do so, the matter should be given to the court for specific determination. Assistant City Attorney Donovan stated that a question had been raised regarding whether or not the City would incur any liability as a result of the 90 days given Mr. Kingsley since a) Winslow Construction Company had moved in equipment to clean up the property a few days before the stay of execution and, con- sequently, moved it out and b) because of the contract the City had entered into with Mr. Winslow. Mr. Donovan stated that he had been advised by Mr. Winslow that if the original contract and the bond which had been posted were returned to him, he would call the entire matter as being null and void at no expense to the City or Mr. Kingsley. Discussion ensued. Assistant City Attorney Donovan briefly discussed two other Kingsley matters which include the Federal court case liti- gation and the subdivision litigation in which the court ·stated that the City could not restrict the free conveyance of property. * * * * * * City Manager Dial formally presented the City Manager's Recommended 1970 Budget to the Council. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY MANAGER'S RECOMMENDED 1970 BUDGET BE ACCEPTED AND RECEIVED FOR THE RECORD AND THAT A PUBLIC HEARING ON THE PROPOSED BUDGET BE ESTABLISHED ON SEPTEMBER 2, 1969 AT 8:00 P.M.·AT CITY HALL. City Manager Dial stated that copies of the proposed budget are on file with the official records. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * City Manager Dial gave a brief report on the status of the Department of Finance's accounting machines. Mr. Dial stated that bids were previously received on a lease ·arrangement for an accounting machine and thatiward of the contract went to the Burroughs Corporation. However, because of their failure to deliver the machine in the time specified, the contract was cancelled. Mr. Dial stated that discussions with the National Cash Register Company were conanenced shortly after cancellation and that the City has been able to obtain an accounting machine from that firm on a straight-lease basis. The lease payments are comparable to the original bid. Mr. Dial also stated that intensive research regarding thP feasibility of a combined data processing center with other area conanunities was being under- taken by Director of Finance Lyon. * * * * * * 483 4 Minutes of the August 18, 1969 regular meeting. City Manager Dial requested authorization for an out- of-state trip for Fire Chief ~overn and three men to inspect an aerial platform truck from August 19 to August 21, 1969. Mr. Dial stated that the cost of the trip would not exceed $200. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT AN OUT-OF-STATE TRIP BY FIRE CHIEF SOVERN AND THREE MEN TO INSPECT AN AERIAL PLATFORM TRUCK FROM AUGUST 19 TO AUGUST 21, 1969 AT AN EXPENDITURE NOT TO EXCEED $200 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * A sununary of the proposed City of Englewood pension plan was received for the record. * * * * * * City Manager Dial reported that Mr. Douglas Porter from the Department of Housing and Urban Development visited the City last week and reviewed the City's parka and discussed the Western Slope Development Project with Director of Utilities Carroll. City Manager Dial stated that he discussed with Mr. Porter the Open Space Second Amendatory Contract and a letter he had received from Mr. Travis Wm. Miller of the Department of Housing and Urban Development which stated that because Open Space funds were limited, the City's Open-Space Grant could not be increased to its original appraisal. Mr. Dial also stated that he discussed with Mr. Porter the acquisition of park land from another governmental agency and read excerpts from his letter to Mr. Miller dated August 15, 1969 pertaining to same. * * * * * * City Manager Dial reported on the seal coating of Englewood streets by Arapahoe County. * * * * * * City Manager Dial stated that he had been asked to attend the meeting of the Western Conference of the Council of State Governments, September 8, 9, and possibly 10, which will be composed of 13 western states. * * * * * * City Manager Dial reminded members of Council of the National League of Cities' conference which will be held in San Diego, California, December 1 to 4, 1969. * * * * * * City Manager Dial gave a brief report on the condition of the Miller property, 4089 South Acoma. Mr. Dial stated that a notice was given to Mrs. Miller on August 11, 1969 calling for the removal of the litter from her property on Acoma within 30 days and that Acting Chief Building Inspector Hamilton reiterated to her personally the intent of the notice. * * * * * * Councilman Lone requested that a resolution or the necessary papers be prepared for Council's consideration at the next City Council meeting in order that an amendment to the City Charter could be placed on the November 4, 1969 General Municipal Election ballot regarding the removal of the "taxpayer only" qualification for voting in general obligation bond elections as recommended by Mr. Bill Lanun of Willson and Lanun, bond counsel for the special storm sewer bond election. * * * * * * I I I I I I I I Minutes of the August 18, 1969 regular meeting. Councilman Kreiling stated that he and Councilman Dhority had selected Mr. Bruce "· Heider of Walter E Heider and Company, 300 East Hampden Avenue, as the auditor for the coming year. MAYOR SCHWAB MOVED, COUNCILMAN KREILING SECONDED, THAT MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, 300 EAST HAMPDEN AVENUE, BE APPOINTED AS AUDITOR FOR 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * Councilman Brown inquired as to whether or not the Citizens Conunittee on Englewood's storm sewer drainage problems could start moving ahead with plans for a special storm sewer bond election. Councilman Lone stated that by adopting a resolution as mentioned, this should give the citizens an indication of Council's intent to go ahead with the bond election. * * * * * * Councilman Brown inquired if any applications had been received for the City Attorney's position. Mayor Schwab stated that one application had been received. * * * * * * Mayor Schwab reminded members of Council of the Englewood Employees' Annual Picnic on Thursday, August 28, 1969 at 4:30 P.M. at Englewood-Belleview Park. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried and the meeting adjourned at 10:06 P.M. 485