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Home My WebLink About1973-12-17 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 17, 1973 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 17, 1973, at 8:00 P.M. Mayor Senti, presiding, called the meeting to order. The invocation was given by the Rev. Fred Hahn, Immanuel Lutheran Church. The Pledge of Allegiance was led by City Manager Stanley Dial. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Absent: Council Member Dhority. The Mayor declared a quorum present. Also present were: City Manager Dial City Attorney Berardini Assistant City Manager McCown Director of Finance Nollenberger Councilman -elect Anderson Councilman -elect Mann Councilman -elect Sovern COUNCILMAN BROVIN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE MI_,XTES OF THE REGULAR MEETING OF DECEMBER 3, 1973. Upon the call of the roll, the vote resulted as follows: Senti. Ayes: Council Members Schwab, Schnackenberg, Brown, Blessing, Nays: None Abstain: Council Member Henning. Absent: Council Member Dhority. The Mayor declared the motion carried. - 2 - Mayor Senti recognized the following citizens from the list of "Special Citizen Program Invitees", Mr. and Mrs. Clayton C. Bailey, 3084 West Tufts Avenue, Precinct No. 13. essss:� Councilwoman Henning gave a report on the National League of Cities Convention. She stated that many delegates there were pushing for more representation for cities under 50,000. There is currently no funding for cities under 50,000 in the community development revenue sharing program. Mayor Senti stated that he was proud of the election of Mrs. Henning to the National League of Cities Executive Board. Councilman Blessing stated that he appreciated the comments on the integrity of the Council by Rev. Hahn in his opening invocation. The following communications were received for the record. Minutes from the Firemen's Pension Board meeting of November 29, 1973. Minutes from the Police Pension Board meeting of November 30, 1973. Minutes of the Library Board meeting of December 11, 1973. Minutes of the Board of Career Service Commissioners meeting of October 18 and November 15, 1973. Financial Report for the month of November, 1973. Memorandum from the Assistant Director to the Director of Community Development discussing payment for services performed by Metro Housing Center, Inc. for the Housing Authority and Urban Renewal Authority. Memorandum from the City Attorney summarizing his trip to Dallas, Texas for the Institute on Planning, Zoning, and Eminent Domain. Memorandum from the Assistant Director of Parks and Recreation to the Assistant City Manager summarizing the attendance and participation at the first Englewood Summer Youth Recreation Programs and Band Concerts. - 3 - Council received a memorandum from the Planning and Zoning Commission concerning the zoning of the recently annexed area of Santa Fe and Union Streets. Director of Community Development, James Supinger, stated that there were two areas involved, all within the Santa Fe and Union Streets annexation. The first was a residential zone and the second was an industrial -related zone. The recommendation from the Planning and Zoning Commission was to establish a residential zone for the eastern portion. The Planning and Zoning Commission had recommended denial of an I-1 zone for the western zone and was interested in establishing a new zone to allow for the non. -conforming uses. City Manager Dial stated that the R-l-C zone would need a Bill for an Ordinance to start it in motion, Currently the I-3 zone is being investigated by the Department of Community Development. COUNCILWOMAN HENNING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO DRAFT A BILL FOR AN ORDINANCE AND SET A PUBLIC HEARING ON THE ZONING OF THE PROPOSED R-1-C AREA OF THE SANTA FE - UNION ANNEXATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority.. The Mayor declared the motion carried. City Attorney Berardini stated that the Council should allow the Planning and Zoning Commission to consider an I-3 zone previous to their final decision. Councilwoman Henning stated that she felt that Planning and Zoning would like a reflection from the Council on its feelings toward an I-3 zone. Councilman Brown stated that he also felt that Planning and Zoning would like an attitude from Council. Councilwoman Henning stated that she did not like the accumulative effect of the I-3 zone which was proposed allowing for I-1 and I-2 uses in it. Councilman Schwab stated that he felt we should affirm or reject the Planning and Zoning Commission's rejection of the I-1 zone. City Manager Dial inquired as to what the effect of the legal suit pending in court on the annexation was in relation to services and taxes. - 4 - City Attorney Berardini stated that the City must provide services and taxes until such time as court action becomes final. Councilwoman Henning stated that the Planning and Zoning Commission was very much concerned about the new area, since it is the first time the City has exercised a unilateral annexation, and the Commission feels that the auto salvage yards should be a conforming right as a result. She felt the Council should allow the Planning and Zoning Commission to consider a new zone. Councilman Blessing stated that he felt they should allow the Planning and Zoning Commission to listen to the arguments pro and con concerning this new I-3 zone. The Director of Community Development explained I-1 and I-2 zones as they currently stand in the City. COUNCILMAN SCHWAB MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION THAT THE COUNCIL SHOULD GIVE THEIR FEELING ON AN I-3 ZONE AS REFERRED TO IN THE COMMUNITY DEVELOPMENT MEMO TONIGHT BY VOTE WITH A YES VOTE MEANING THEY WERE IN FAVOR OF AN I-3 ZONE AND A NO VOTE MEANING THEY WERE OPPOSED. Councilwoman Henning stated that she was not sure what the effect of that vote would be in this situation. COUNCILMAN BROWN MOVED AND COUNCILWOMAN HENNING SECONDED A MOTION TO TABLE THE MOTION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Henning, Brown, Blessing, Senti. Nays: Council Members Schwab, Schnackenberg. Absent: Council Member Dhority. The Mayor declared the motion carried. City Manager Dial stated that there was one additional problem. In the past, the staff had interpreted an I-1 zone to include all business in a very broad sense.., This has allowed retail outlets, office buildings, etc. in I-1 zones rather than straight light industrial type of business. The City Attorney had interpreted the zoning classifications last week to mean purely and solely light industrial business. City Attorney Berardini stated that there was a need for clarification of the language. City Manager Dial stated that until Council objected, his direction to Staff would. be to continue the same enforcement of an I-1 zone and ask the City Attorney to clarify the ordinance. - 5 - Councilman Schwab stated that he still questioned the administration of the contract of the Housing Authority with the Metro Housing. Council received a memorandum from the City Attorney relative to Annual Leave. Mayor Senti stated that no action was required. Council received a request, for renewal of the liquor license for the Greek Village Restaurant, 4265 So. Santa Fe, Englewood. Director of Finance Nollenberger stated that both the Greek Village and the Solver Bottle Liquor Store at 4333 South Santa Fe were up for renewal in Santa Fe -Union annexation area. COUNCILWOMAN HENNING MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE RENEWAL OF A LIQUOR LICENSE FOR THE GREEK VILLAGE RESTAURANT, 4265 SOUTH SANTA FE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. COUNCILMAN BLESSING MOVED AND COUNCILWOMAN HENNING SECONDED A MOTION TO APPROVE THE RENEWAL OF A LIQUOR LICENSE FOR THE SILVER BOTTLE AT 4333 SOUTH SANTA FE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Sent!. Nays: None Absent:: Council Member Dhority. The Mayor declared the motion carried. - 6 - INTRODUCED AS A BILL BY COUNCILMAN BLESSING. BY AUTHORITY ORDINANCE NO. 46 , SERIES OF 1973 AN ORDINANCE AMENDING SECTION 2, CHAPTER 8, TITLE V, OF THE 1969 E.M.C., BY AUTHORIZING COUNCIL TO APPROVE ADDITIONAL INSURANCE BENEFITS TO EMPLOYEES OF THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGENCY. (Copied in full in the Official Resolution Book.) COUNCILMAN BLESSING MOVED AND COUNCILWOMAN HENNING SECONDED A MOTION TO APPROVE ORDINANCE NO. 46, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council. Member Dhorityo The Mayor declared the motion carried. Council received a memorandum from the Director of Finance recommending the award of bids for the medical and dental health insurance programs. City Manager Dial stated that the Director of Finance and consultant would discuss these bids. Mr. Bob Morehead of the firm of Byerly-McClurg, appeared before Council. He stated that the firm had drawn up specifications and advertised for bids as instructed by the City. Any licensed agent was allwed to submit a proposal. One bid was submitted late and rejected since other carrier's rates had been read aloud previous to that time. The recommended bid award was that life, accidental death and dismemberment and major medical be awarded to Security Life. The basic medical and dental insurance would be self -insured, using service contracts with Security Life and Colorado Dental. Health Services respectively, and long-term disability would be awarded to Bankers Life in. Des Moines. Additionally, in relation to the self-insurance, the firm recommended that the low total bid be the gross premiums. In relation to retiree coverage, Mr. Morehead stated that the firm would develop an actuarial rate for retirees to pay into the self - insured program. The rate will reflect expense. Retiree coverage will cover all employees retiring after January 1, 1974. - 7 - Councilwoman Henning inquired as to the difference between Basic Medical and Major Medical. Mr. Morehead stated that Basic Medical essentially provides for 120 days hospital coverage and the normal medical occurrence. Major medical was subject to $100 deductible above the basic plan and pays for almost all medical expenses not covered under the basic plan. COUNCILMAN SCHWAB MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO AWARD INSURANCE BIDS TO SECURITY LIFE FOR LIFE, A D & D AND MAJOR MEDICAL; TO BANKERS LIFE IN DES MOINES FOR LONG-TERM DISABILITY, AND SERVICE AWARDS TO SECURITY LIFE FOR BASIC MEDICAL AND COLORADO DENTAL SERVICE FOR DENTAL. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. Councilwoman Henning commended the Director, of Finance for his guidance of the City into this self -insured program, INTRODUCED AS A BILL BY COUNCILMAN SCHWAB. BY AUTHORITY ORDINANCE NO. 47 , SERIES OF 1973 AN ORDINANCE AMENDING SECTIONS 6(a) and 17(a) OF CHAPTER 4, TITLE V, OF THE 1969 E.M.C., RELATING TO "SICK LEAVE CONVERSION" AND "OFFICIAL HOLIDAY LEAVES" AND DECLARING AN EMERGENCY. (.Copied in full in the Official Ordinance Book.) COUNCILMAN SCHWAB MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO APPROVE ORDINANCE NO. 47, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. - 8 - City Attorney Berardini stated that, rather than pass on final reading an ordinance amending the Police Pension Fund to provide for 6.5% contribution by the City, the Council should pass a Resolution establishing a separate fund for the additional 1..5% and -to have more time to study the proposal. RESOLUTION NO. 53 , SERIES OF 1973 A RESOLUTION ESTABLISHING A SEPARATE FUND CONSISTING OF 1.5% OF POLICE OFFICERS' GROSS MONTHLY SALARIES TO nE HELD IN SAID SPECIAL FUND UNTIL FURTHER DIRECTION BY CITY COUNCIL. (Copied in full in the Official Resolution Book.) COUNCILMAN BROWN MOVED AND COUNCILWOMAN HENNING SECONDED A MOTION TO APPROVE RESOLUTION NO. 53, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: Done Absent: Council Member' Dhority. The Mayor declared. the motion ttarried. x * A INTRODUCED AS A BILL BY COUNCILMAN SCHNACKENBERG. BY AUTHORITY ORDINANCE NO, 48 , SERIES OF 1973 AN ORDINANCE AMENDING SECTION 8, CHAPTER 1, TITLE IT, OF THE 1969 E.M.C. RELATING TO FIREMEN'S PENSION FUND CONTRIBUTIONS; AND ADDING A NEW SECTION AUTHORIZING THE CREATION OF A SPECIAL FUND FOR THE REPAYMENT OF FIREMEN'S ACCUMULATED CONTRIBUTIONS TO SAID SPECIAL FUND WITH INTEREST THEREON UPON TERMINATION OF EMPLOYMENT WITH THE CITY FIRE DEPARTMENT, AND DECLARING AN EMERGENCY. (Copied in full in the Officiali Ordinance Book.) COUNCILMAN SCHNACKENBERG MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 48, SERIES OF 1973. Upon the call of the roll, the vote resulted as follc:ws: - 9 - Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN SCHNACKENBERG. BY AUTHORITY ORDINANCE NO. 49 , SERIES OF 1973 AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. (Copied in full in the Official Ordinance Book.) COUNCILMAN SCHNACKENBERG MOVED AND COUNCILMAN SCHWAB SECONDED A MOTION TO APPROVE ORDINANCE NO. 49, SERIES OF 1973, Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. BY AUTHORITY ORDINANCE NO. 50 , SERIES OF 1973 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN -THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO RELATING TO THE PROVISION OF AN ANIMAL SHELTER AND FACILITIES AND PROVIDING FOR ITS PAYMENT. (Copied in full in the Official Ordinance Book.) COUNCILMAN BLESSING MOVED AND COUNCILWOMAN HENNING SECONDED A MOTION TO APPROVE ORDINANCE NO. 50, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: - 10 - Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. City Attorney Berardini began a discussion of a Bill for an Ordinance amending the compensation plan for emergency and non -emergency employees and declaring an emergency. He stated that the Council needed to pass this ordinance again this year at a special meeting in order to make it effective January lst. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL FOR AN ORDINANCE AMENDING SECTIONS 8, 9(a) and 10(a), CHAPTER 6, TITLE V, OF THE 1969 E.M.C., RELATING TO COMPENSATION FOR ALL CLASSIFIED POSITIONS WITHIN THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGENCY, COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING THE COMPENSATION PLAN FOR EMERGENCY AND NON -EMERGENCY EMPLOYEES AND DECLARING AN EMERGENCY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. RESOLUTION NO. 54 , SERIES OF 1973 A RESOLUTION DESIGNATING CERTAIN REAL PROPERTY AS BEING REQUIRED FOR THE EXPANSION OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF ENGLEWOOD AND AUTHORIZING THE ACQUISITION THEREOF. (Copied in full in the Official Resolution Book.) COUNCILWOMAN HENNING MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE RESOLUTION NO. 54, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. Council received a request for authorization for the Mayor to sign a contract with the City and County of Denver to allow reimbursement for extension of the Denver Metro Transit Route into the City of Englewood. City Attorney Berardini stated that he agreed with the authorization and that he would prepare an ordinance later, but time was not available previous to the Council meeting. City Manager Dial stated that the RTD ownership is very imminent. They say that they would pay us 50% of the Denver Metro Transit cost and 50% of the Englewood -Littleton bus line cost from January through June of next year. Councilman Schnackenberg inquired whether RTD would expand the service in the 6-month interim. City Manager Dial stated that they hoped to expand and that they have ordered 150 new buses to do so. COUNCILMAN BROWN MOVED AND COUNCILWOMAN HENNING SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A CONTRACT WITH THE CITY AND COUNTY OF DENVER TO ALLOW REIMBURSEMENT FOR EXTENSION OF THE DENVER METRO TRANSIT ROUTE INTO THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. City Attorney Berardini stated that a suit had been filed today on the Santa Fe -Union Annexation. City Manager Dial inquired as to what the timing was for the issuance or a denial of an injunction. City Attorney Berardini stated that it should happen within 10 days. - 12 - Council received a memorandum from the City Manager relative to the Public Improvement Fund. City Manager Dial stated that the implications on the Boards and Commissions of the new six -quarter budget was intriguing. In the future, the information on the six -quarter budget would be submitted to the Boards and Commissions for their perusal and comment and submissions for the next quarter. One effect could be that the Planning and Zoning Commission would be viewing their budgetary role in the longer range five-year sense. Council received a memorandum, from the Director of Finance recommending the transfer of excess fund balances from the Public Improvement Fund to the General Fund. RESOLUTION NO. 55 , SERIES OF 1973 A RESOLUTION ALTERING THE SALES TAX BUDGET. (Copied in full in the Official Resolution Book.) COUNCILMAN SCHWAB MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO APPROVE RESOLUTION NO. 55, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. Council received a recommendation from the Board of Career Service Commissioners establishing the classification of a Buyer, Paint and Body Man, and Superintendent of the Servicenter as approved in the 1974 Budget. RESOLUTION NO. 56 , SERIES OF 1973 A RESOLUTION ESTABLISHING THE CLASSIFICATIONS OF FINANCE DEPARTMENT BUYER, PUBLIC WORKS PAINT AND BODY MAN, AND SUPERINTENDENT FOR THE SERVICENTER. (Copied in full in the Official Resolution Book.) - 13 - COUNCILMAN SCHWAB MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO APPROVE RESOLUTION NO. 56, SERIES OF 1973. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. COUNCILMAN BROWN MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO TABLE THE ORDINANCE TO PROVIDE FOR A 6.5% CONTRIBUTION BY THE CITY TO THE POLICE PENSION FUND AND TO ALLOW THE CONTRIBUTIONS BY THE POLICE DEPARTMENT TO REMAIN AT 5% AND TO DECLARE AN EMERGENCY. Upon the call of the roll, the vote resulted as follows: Senti. Ayes: Council Members Schnackenberg, Henning, Brown, Blessing, Nays: Council Member Schwab, Absent: Council Member Dhority. The Mayor declared the motion carried. COUNCILMAN SCHWAB MOVED AND COUNCILMAN SCHNACKENBERG SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Schwab, Schnackenberg, Henning, Brown, Blessing, Senti. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried and the meeting was adjourned at 10:27 P.M. k/y 4� ex officio Clerk -of the Council