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HomeMy WebLinkAbout1969-09-02 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OP ENGLEWOOD, COLORADO SEPTEMBER 2, 1969 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 2, 1969 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Major J. Sexton Johanson of the Salvation Army, Englewood Temple Corps. 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, Lay, Kreiling, Dhority, Brown, Schwab. • I Absent: None. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * 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, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following citizens from the list of "Special Citizen Program Invitees": Mr. Robert A. Hewitt, 4510 South Grant · Street. Mr. and Mrs. John F. Poole and Gary, 4961 South Kalamath Street. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED 1970 BUDGET BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. 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.) The following individuals appeared before City Council in regard to the public hearing: Mr. Stanley H. Dial, City Manager. Mrs. c. w. Henning, 3074 East Cornell. Mr. John F. Poole, 4961 South Kalamath Street. Mr. Pete Peterson, manager of the Englewood Chamber of Co111nerce, 180 West Girard Avenue. 489 490 Minutes of the September 2, 1969 regular City Council Meeting. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing closed at 8:52 P.M. * * * * * * A memorandum with attachments from John F. Murphy, Personnel Director, regarding 1970 employee benefits was re- ceived for the record. RESOLUTION NO. 29, SERIES OF 1969 A RESOLUTION ACCEPTING AND APPROVING RECOMMENDATIONS FOR 1970 CITY EMPLOYEE SALARIES AND RELATED BENEFITS. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 29, SERIES OF 1969 BE ADOPTED AND APPROVED. Discussion enaued. COUNCILMAR LAY MOVBD, COUNCILMAR DHORITY SECONDED, THAT RESOLUTION NO. 29, SERIES OP 1969 BB AMENDED BY STRIKING THE PHRASE, "DOES HEREBY APPROVE ARD ACCEPT THE RECOMMENDATION OF THE BOARD OF CARBBR SERVICE COMMISSIORBRS TO PAY TO ALL RETIRING EMPLOYEES ORB-HALF DAY'S PAY POR BACH DAY OF SICK LEAVE ACCUMULATED BY SUCH EMPLOYEE OVER RIRBTY DAYS," FROM THE FIFTH PARAGRAPH OF THB RBSOLU'l'IMT . • .. pon the call of the roll, the vote resulted aa followaa Ayes: Councilmen Parkinaon, Lay, Kreiling, Dhority, Brown, Schwab. Nays: councilman Lone. Absent: None. , The Mayor declared the motion carried. Upon the call of the roll on the original motion as amended, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. (Note: The amended Resolution is copied in full in the official Resolution Book.) It was the consenaus of Council that more information be obtained concerning the Board of Career Service Commissioners' recommendation that all retiring employees receive one-half day's pay for each day of sick leave accumulated over ninety days. * * * * * * A memorandum from Director of Public Works Waggoner with attachments regarding coat estimates for various traffic pattern alternatives was received for the record. City Manager Dial presented · a synopsis of the recom- mendation regarding coat estimates of various traffic pattern alternatives. Mr. Jim Hammond, Traffic Engineer, and Mr. Kells Waggoner, Director of Public Works, appeared before City Council and discussed various aspects of the estimates. It was the consensus of Council that the study be deferred for further conaideration. * * * * * * I I I I I I I I Minutes of the September 2, 1969 regular City Council Meeting. A memorandum from Douglas c. Sovern, Fire Chief, regarding inspection of the aerial apparatus while under con- struction in St. Joseph, Missouri was received for the record. * * * * * * A memorandum from Donnell R. Stanton, Englewood Police Department Public Relations Officer, regarding the Community Police Relations Institute at the University of Southern California, June 8 to 13, 1969, was received for the record. * * * * * * A recap of the May 28, 1969, meeting of the South Platte Channel Improvement Committee was received for the record. Director of Public Works Waggoner appeared before City council in regard to the report on the South Platte Channel Improvement Canmittee meeting on May 28, 1969. Mr. Waggoner stated that it was his understanding that the Improve- ment Committee wished that the City of Englewood would partici- pate in at least 50 per cent of right-of-way acquisition in that part of the South Platte channel to be widened that runs through the City of Englewood. * * * * * * The minutes of the Parks and Recreation Commission meeting of August 13, 1969 were received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of August 13, 1969 were received for the record. * * * * * * The minutes of the Board of Career Service commis- sioners meeting of August 28, 1969 with a memorandum rega'rding 1970 salary and fringe benefit reconunendat'ions attached were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 29, SERIES OF 1969 AN ORDINANCE CHANGING THE NAME OF THOSE PORTIONS OF THAT STREET WITHIN THE CITY OF ENGLEWOOD, COLORADO, PRESENTLY I<NOWN 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. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 29, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 491 -. 92 Minutes of the September 2, 1969 reqular City Council Meeting. BY AUTHORITY ORDINANCE NO. 30, SERIES OF 1969 AN ORDINANCE AUTHORIZING AND RATIFYING THE EXECUTION BY THE MAYOR AND CITY CLERK OF THE CITY OF ENGLEWOOD OF AN AGREEMENT WITH HERMAN OLINER, BESS OLINER AND ROBERT OLINER WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORE- SAID INDIVIDUALS CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ENGLEWOOD FOR A PERIOD OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OPTION TO PURCHASE SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS THEREIN CONTAINED. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 30, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Ma~or declared the motion carried. I * * * * * * BY AUTHORITY ORDINANCE NO. 31, SERIES OF 1969 AN ORDINANCE APPROVING AND RATIFYING THE PERFORMANCE BY GUILDNER WATER AND SEWER COMPANY, BY DANA KEPNER AND BY WINSLOW CONSTRUCTION COMPANY OF CERTAIN PUBLIC WORK WITHOUT THE RECEIPT OF COMPETITIVE BIDS THEREFOR AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUMS OF $935.00 TO GUILDNER WATER AND SEWER COMPANY, $640.05 TO DANA KEPNER AND $2,353.72 TO WINSLOW CONSTRUCTION CO. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 31, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone,-Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 32, SERIES OF 1969 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. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 32, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. I I I I I I I I Minutes of the September 2, 1969 regular City Council Meeting. Nays: None. Absent: . None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 33, SERIES OF 1969 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. (Copied in full in the official Ordinance ·Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 33, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lon~, Lay, Kreiling, Dhority, Brown, Schwab. . . Nays: None. Absent: None. The Mayor declared the motion carried •. * * * * * * Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE ADDING TO THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD A NEW CHAPTER 6A TO ESTABLISH A RETIREMENT AND PENSION PROGRAM FOR ALL PERMANENT, FULL TIME EMPLOYEES OF THE CITY, EXCEPT POLICEMEN, PAID FIREMEN AND ELECTED OFFICIALS, PROVIDING FOR THE FINANCING OF THE SAME AND CREATING A RETIRE- MENT BOARD FOR THE ADMINISTRATION OF THE SAME. COUNCILMAN PARKINSON 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 ENTERPRISE. Upon the call of the roll, the vote · resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 30, SERIES OF 1969 · A RESOLUTION REFERRING PROPOSED CHARTER AMENDMENT TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 4, 1969, AND DIRECTING THE CITY CLERK AND ELECTION COMMISSION TO TAKE SUCH STEPS AS MAY BE NECESSARY TO PLACE THE SAME ON THE BALLOT. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN · PARKINSON SECONDED, THAT RESOLUTION NO. 30, SERIES OF 1969 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 493 494 Minutes of the Sep~ember 2, 1969 regular City Council Meeting. City Attorney Criswell stated that when the Atchison Ranch was sold to the Martin Canpany approximately 50 acres on the east side of the South Platte River had remained the property of the City of Englewood. Recently the City of Englewood had been enjoined with the City of Martin by the Federal Government to condemn for Chatfield Reservoir five acres of the City's holdings and a portion of the holdings of the Martin Company. Mr. Criswell stated that a pre-trial conference would be held on October 10, 1969 and requested that authority be granted him to represent the City of Englewood in the condemnation. Mr. Criswell stated that he would work towards a settlement out of court should the offer for the land be determined reasonable. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THE CONDEMNATION SUIT FOR A FIVE ACRE PARCEL OF THE REMAINING ATCHISON RANCH PROPERTY HOLDINGS OF THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Attorney Criswell stated that in regard to the litigation on the Moody case that the court had entered an order that the Moodys had until September 15, 1969 to vacate their premises located at 2352 West Harvard. After that time the City of Englewood was to board up the premises and Mr. Moody was to submit a proposed repair plan to the Chief Building Inspector. Once the repair plan was approved, Mr. Moody could apply to the court to re-enter the premises. * * * * * •. City Attorney Criswell stated that included within the agenda packet was a decision from Arapahoe County District Court concerning the National Tea Company case against tne City of Englewood for the City's failure to issue said firm a 3.2 beer license. Mr. Criswell stated that the court had ruled that the needs of the neighborhood were not satisfied by existing licenses. The District Court had specifically stated that in issuing a 3.2 beer license the existence of other 3.2 beer license outlets should be considered and not the existence of other liquor out- lets. Mr. Criswell stated that the decision had been entered on August 29, 1969 and that the City of Englewood could appeal it within 10 days. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE DECISION BE APPEALED TO THE COLORADO SUPREME COURT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: Councilman Parkinson. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial presented a memorandum dated August 29, 1969 discussing a proposed encroachment at 3475 South Penn- sylvania Street. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE ORIGINAL MOTION CONCERNING THE ENCROACHMENT WHICH STATED, "THE RECOMMENDATION OF THE BOARD OF ADJUSTMENT AND APPEALS FOR AN ENCROACHMENT AT 3475 SOUTH PENNSYLVANIA STREET BE ACCEPTED," BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. I I I I I I I I Minutes of the September 2, 1969 regular City Council Meeting. Absent: None. The Mayor declared the motion carried. City Manager Dial reviewed the report with City Council. Mr. Dial stated that it had been the conclusion of the City Engineer's office that the proposed retaining wall for which an encroachment was recommended was the only adequate means in pro- hibiting further flooding on the north side of the apartment house located at 3475 South Pennsylvania. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE ABOVE MOTION BE AMENDED BY ADDING THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS AND THAT THE EN- CROACHMENT BE RECORDED AT THE APPLICANT'S EXPENSE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE ENCROACHMENT AGREEMENT BE ·AMENDED IN ORDER THAT ADEQUATE PROTECTION BE GIVEN TO PREVENT THE PUBLIC TRIPPING OVER THE RETAINING WALL. City Manager Dial stated that by setting the curbing approximately 12 inches back from the existing sidewalk, the wall would be beneath an existing split rail fence which would provide the necessary protection. COUNCILMAN LONE AND COUNCILMAN PARKINSON WITHDREW THEIR MOTION. Upon the call of the roll on the original motion as amended, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reminded members of Council of the National League of Cities convention in San Diego, California, December 1 to 5, 1969. * * * * * * City Manager Dial stated that in the motion appointing Mr. Bruce M. Heider of Walter E .. Heider and Company as auditor for 1969 that an authorization that the Mayor and City Clerk to exe- cute the contract document was not included. COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECES- SARY CONTRACT DOCUMENTS BETWEEN THE CITY OF ENGLEWOOD AND MR. BRUCE M. HEIDER OF WALTER E. HEIDER AND COMPANY, THE AUDITOR FOR 1969. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 495 . 496 Minutes of the September 2, 1969 regular City Council Meeting. City Manager Dial submitted a letter from Mr. J. K. Smith of the Denver Regional Council of Governments requesting the approval of the appointments of Mrs. Jame·s H. Arthur and Mr. John R. Crowley to the metropolitan wide Transportation District Board made by Arapahoe County. Attached to the letter was a memorandum from Mrs. D. A . Romans, Director of Planning, briefly discussing the backgrounds of the two proposed appointees. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE APPOINTMENT OF MRS. JAMES H. ARTHUR AND MR. JOHN R. CROWLEY TO THE METROPOLITAN TRANSPORTATION DISTRICT BOARD BE APPROVED AND ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial presented a memorandum dated August 29, 1969 from the Colorado Municipal League concerning the proposed rate increases and adjustments by Public Service Company. Mr. Dial stated that the purpose of the cominunication was to determine whether Colorado cities and towns wished to employ an attorney through the Colorado Municipal League to represent the cities and towns at the League hearing. City Council discussed the position the City should take on the rate increases and an appearance of the City of Englewood separate and apart from the Colorado Municipal League. At the conclusion of the discussion it was the consensus of council that the matter be deferred pending talks with other camnunities who had been served by Colorado Central Power Com- pany prior to purchase by Public Service Company and until staff research on the question could be submitted. * * * * * * Mr. Elden Bob of the Fire Department appeared before City council. Mr. Boh stated that he had appreciated the City allowing him and other Fire Department members to go to St. Joseph, Missouri to examine the snorkel fire apparatus. Mr. Bob also discussed the conversion of sick leave to pay for a retiring employee with over 90 days sick leave accumulated. * * * * * * councilman Dhority requested that the City administration investigate the ways in which Dutch elm disease could be fought in order that elms within the community could be saved. * * * * * * Councilman Brown inquired if an of fer from the Colorado Department of Highways for the land upon which the present street shop was located had been received. City Manager Dial indicated that as yet no offer had been received although he had conununicated the City's position to the Department of Highways. * * * * * * COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the meeting adjourned at 11:09 P.M. ex officio Clerk of the Council I I I I