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HomeMy WebLinkAbout1979-05-07 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 7, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on May 7, 1979. The invocation was given by the Reverend Rosemary Morris, Englewood Mayflower Congregational Church, 3001 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Aleo present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Co1111JUnity Development Wanush Assistant Director of Co1111JUnity Develop- ment Reddy Director of Utilities Fonda Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 16, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * May 7, 1979 Page 2 Mayor Taylor encouraged everyone to vote in the school board election, May 8, 1979. * * * * * * COUNCILMAN WILLIAMS K>VED TO APPROVE THE PROCLAMATION DECLAR- ING THE MONTH OF MAY, 1979, AS "YOUTH MONTH". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Deputy Clerk Watkins read the proclamation and Mayor Taylor presented it to the pre-scheduled visitor Mr. Harry Musser, 5065 South Huron Street, P.E.R. Englewood Elks. Mr. Musser thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Mr. Leonard A. Billingham, 4363 South Grant Street, was present. Mr. Billingham requested approval of an encroachment into the City'• right-of-way for a 34-inch split-rail fence which has been installed acroaa the front of his property. Director of Connunity Development Wanush appeared before Council and stated there were no objections to Mr. Billingham's re- quest. Director Wanuah stated Assistant Director of Connnunity Develop- ment Romans has discussed with Mr. Billingham that by signing the agree- ment he is co11111itted to removing the fence upon request from the City. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6E "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 4363 SOUTH GRANT STREET". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APRPOVE THE ENCROACHMENT REQUEST FOR MR. LEONARD BILLINGHAM, 4363 SOUTH GRANT STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: I I May 7, 1979 Page 3 Ayes: Nays: '11le Mayor Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. declared the motion carried. * * * * * * Mr. Charles Roland, 424 West Oxford Avenue, appeared before Council on behalf of Mrs. Dorothy Roland. Mr. Roland requested Coun- cil's approval to install a 48-inch chain link fence along the front and to the aide of their property which would encroach into the City's right-of-way on South Elati Street and West Oxford Avenue. Director Wanush appeared before Council and stated there were no objections to the request. Mr. Wanuah stated it would be appro- priate to grant the encroachment if the fence is no higher than 42 inches required by ordinance for fences installed in front yards. COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA ITEM 6F "MEMORANDUM CONCERNING THE ENCROACHMENT REQUEST AT 424 WEST OXFORD AVENUE". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON K>VED TO APPROVE THE ENCROACHMENT REUQEST FOR MRS. DOROTHY ROLAND, 424 WEST OXFORD AVENUE, WITH THE STIPULATION THAT THE FENCE NOT BE OVER FORTY-TWO (42) INCHES HIGH. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and dis- cussed the bids received for the Allen Water Treatment Plant additions and improvements, Dartmouth Avenue Pump Station and Bear Creek Pump Station modifications, and the elevated tank. Mr. Fonda stated he May 7, 1979 Page 4 had reco111Dendations that reconmendation meeting. Mr. Fonda bids: for all the projects except the elevated tank and would be forthcoming at the next regular Council recoDIDended that Council accept the following Project Allen Treatment Plant Dartmouth & Bear Creek Pump Station Water Transmission Maine TOTAL Contractor Olson Construction Co. Powder Horn Constructors Holsam Concrete Co. Bid $ 4,708,496.00 184,496.00 2,498,146.00 $ 7,391,395.00 Mr. Fonda stated the low bidder for the Allen Treatment Plant was Petry-Vappi; however, they requested to be withdrawn claiming they had made a mathematical error. Mr. Fonda stated the City Attorney has advised him that collection of the bid bonds from Petry-Vappi would probably be unsuccessful; therefore, that was why he was recom- mending the Olson Construction Co. Mr. Fonda added the bid from Holsam Concrete Co. included $10,975.00 for the polyethylene encasement of the pipes. COUNCILMAN HARPER l«>VED TO ACCEPT THE BIDS PRESENTED FOR THE ALLEN TREATMENT PLANT TO OLSON CONSTRUCTION COMPANY OF $4,708,496.00; FOR THE DARTll>UTH AND BEAR CREEK PUMP STATIONS TO POWDER HORN CON- STRUCTORS OF $184,496.00; ARD FOR THE WATER TRANSMISSION MAINS TO HOLSAM CONCRETE COMPANY OF $2,498,146.00. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Rone. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr. Lynn Massa, 4795 South Broadway I appeared before Council. Mr. Massa discussed his objections to the City moving Fire Station 13 to property adjacent to his property. Mr. Massa stated from a coDDUnity standpoint the relocation would be un- desirable because the streets are too narrow percipitating traffic problems. Aleo, there were several schools in the area making it hazardous for school children. From a personal standpoint, Mr. Massa stated he felt it would force him out of business because the lot he uses for parking would be taken by the City. Mr. Massa stated if May 7, 1979 Page 5 the City would change the zoning of certain property in that area to comnercial then he probably would not be hurt. . Mr. Massa stated there were several locations on Broadway that were not meeting code; namely, temporary buildings with no foundations at: 3778 South Broadway 3940 South Broadway -two semi-trailers were parked out in the back lot 3800 South Broadway Quincy and South Broadway 4480 South Broadway * * * * * * Pre-scheduled visitor, Mr. Elmer Schwab, 4795 South Inca Street, appeared before Council and discussed his concerns about re- location of Fire Station 13. Mr. Schwab objected to spending money to relocate the station and felt it should be spent helping those people who had frozen water pipea last winter. Mr. Schwab suggest~d delaying the move until the State Department of Hifhways widens Belleview at which time they would have to take the financia responsibility of relocating it. Mr. Schwab stated the proposed location is hazardous for the same reasons stated by Mr. Maasa. Mr. Schwab stated the pre- sent location serves ita purpoae and encouraged Council to study the matter further. * * * * * * Pre-scheduled viaitor, Mrs. Laura Dreher, 1305 East Howell, Seattle, Washinfton, appeared before Council. Mrs. Dreher stated she receives her so e income from the property located at 4811 South Broad- way and would be forced to sell it if the City relocates the fire station at the corner of Layton and Acoma Streets. Pre-scheduled viaitor, Mr. Stephen Dreher, 54 West Layton Avenue, and Mr. Michael Haran, appeared before Council and presented arguments on the propoaed relocation of Fire Station #3. They pre- sented a map illustrating current fire station locations and each station' response time. Mr. Dreher questioned why the relocation was necessary. City Manager Mccown stated there were too many traffic pro- blems on Belleview Avenue. The re1ults of a study conducted in 1973 by Public Technology, Incorporated, identified this particular fire station to be in the wrong location and recomnended moving it further to the north and eaat. Mr. Mccown stated funds were first appropriated in 1973; however, the project baa been given a low priority until this year. Mr. Dreher oppoaed the proposed site the following rea- sons: 1) it would involve the taking a residential home; 2) the fire Hay 7, 1979 Page 6 truck would go by the front of two schools; 3) time would be lost traveling over the dip• in the etreet on La7ton; 4) the traffic is too heavy for acce11 onto South Broadway; 5) the streets are too narrow on Layton and Acoma; and 6) parking would probably be banned at the bueineeeee of Ma••• Glaee, the Tackle Shop, neighboring apartment buildings and einfle-family residences in the area. Mr. Dreher suggested the follow ng alternatives: 1) renovate the volunteer fire station at Quincy and Federal; 2) relocate at Tufts and Navajo where there are no residential homes, two lots are for sale, and close access to schools and major arterials. Mr. Dreher stated he hoped hie agruments proved a need for further study on the propoeed relocation of Fire Station 13. Pre-scheduled vieitor, Mra. Betty J. Wike, 4985 South Huron, appeared before Council. Mrs. Wike stated several people in her neigh- borhood want to keep the station at its present location. Mrs. Wike stated she wae a member of the Dreher family, grew up in the area of the proposed site, and would be dieappointed to see the City take it. Mrs. Wike asked that the small merchants not be forgotten and some of them would be hurt if the parking wae taken away. She felt the traffic problems would be juet a• bad on Broadway as they are now on Belleview. She appealed to Council not to take away the property owned by her sister-in-law, Mrs. Laura Dreher. Mre. Wike asked the audience for a show of hands of those who were in support of Mrs. Dreher. Approxi- mately 40 people held up their hands. COUNCILMAN MARR !l>VED TO BRING FORWARD AGENDA ITEM 7D "A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION". Councilman Williams seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Member• Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN MANN !l>VED TO POSTPONE THE RESOLUTION FOR TWO COUNCIL MEETINGS UNTIL THE FIRST COUNCIL MEETING IN JUNE. Council- man Williams seconded the motion. Ayes: Nays: Council Member• Clayton, Mann, Williams, Harper, Taylor. Council Member• Weber, Smith. The Mayor declared the motion carried. Councilman Smith stated poetponement would not accomplish anything without additional information, citizen input and planned May 7, 1979 Page 7 presentations from staff. Councilman Smith stated there needs to be an open forum for citizen input. COUNCILMAN MARR )l)VED TO SET A PUBLIC HEARING FOR MAY 14, 1979, TO CONSIDER THE RELOCATION OF FIRE STATION #3, AT 8:00 P.M. Motion died for lack of a second. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING ON TUESDAY, MAY 22, 1979, AT 7:00 P.H. TO DISCUSS THE MATTER. Councilman Mann seconded the motion. Councilman Smith withdrew his motion because the date con- flicted with a Planning and Zoning Co11111ission hearing. Councilman Mann withdrew his second to the motion. COUNCILMAN WILLIAMS MOVED TO SET A STUDY SESSION FOR MAY 29, 1979, AT 7:00 P.H. AT THE POLICE/FIRE CENTER TO DISCUSS THE MATTER. Councilman Mann seconded the motion. Councilman Clayton requested that Council pursue City Manager McCown's suggestion in that letters be written to all property owners in the areas of all the proposed sites notifying them of the study session and that full information be available to Council on each site. Councilman Harfer requested an impact statement on each one of the sites for Council a information. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-schduled viaitor, Mrs. Audrey Scott, 2926 South Galapago Street, appeared before Council and discussed the frozen water line pro- blem. Mrs. Scott stated 1he wa1 representing a newly-formed organization called the MMI. Mra. Scott stated the proposed resolution for partial reimbursement to citizen• who had frozen water lines this winter is discriminatory and repreaented a apecial interest group because reim- bursement depend• upon one'• annual income and who can say who can pay for nthawing frozen water lines. Mrs. Scott stated the ~I favors full reimbursement for everyone. Mrs. Scott questioned the credibility of the Denver Regional Council of Governments from which certain information was taken to prepare the resolution. Mr1. Scott 1uggeeted the following course of action concern- ing the problem: 1) defeat the reaolution and redevelop a plan that would May 7, 1979 Page 8 provide for complete and total reimbursement for all people; 2) de- cide what to do about future freeze•; and 3) pass an ordinance where- by the City assumes reapon•ibility for water mains in the City's I right-of-way. Mrs. Scott stated the tlitl recomnends defeat of the re- solution after which will come repercu•sions to get the government back to the people. When a•ked by Councilman Smith for what did the initials MMI stand, Mrs. Scott refused to answer. * * * * * * Pre-scheduled vi•itor, Mr. Jack Patterson, 3587 South Ogden Street, appeared before Council. Mr. Patterson stated he was present because Council did not vote on hie petition presented at their meet- ing of April 2, 1979, to remove Councilman Donald Weber from his seat in Council District 12. Mr. Patter•on submitted another petition con- cerning his same prior request. * * * * * * Mayor Taylor a•ked if there were any other visitors in the audience wishing to •peak at this time. Mrs. Patterson, appeared before Council and requested infor- mation on the Senior Surrey. Mayor Taylor stated he had received additional information and would get in contact with her the next day. Mr. George H. Allen, 2799 South Downing, appeared before Council and discussed the challenge to remove Councilman Donald Weber from his district. Hr. Allen stated the issue has drawn much interest in his neighborhood from tho•e citizen• who were satisfied with Mr. Weber's performance on the Council. Mr. Allen stated these people are willing to offer full support to keep Mr. Weber on Council. Mr. Allen asked for a show of hand• of thoee people who supported Mr. Weber. Approximately 40 people raieed their hands. Mr. Russell Reeme, 220 Weet Layton Avenue, appeared before Council and questioned why doe• Council need 2/3 vote to pass the emergency reimbursement water line reeolution when it is not reuqired on other matters. Mayor Taylor etated the ieeue was on the agenda and asked if Hr. Reeme had heard the diecu•sion on this matter at the study session. Mr. Reeme indicated that he had. Hr. Bob Brundage, 4140 South Huron, appeared before Council and spoke in opposition to some issues raised by some citizens who havespoken out against the City Council. Mr. Brundage asked that such May 7, 1979 Page 9 actions be brought to a halt in order that Council could return to more important iaauea. He stated there were a lot of positive- thinking citizens in Englewood and it is not their intention to let the harassment continue. Mr. Doug Sovern, 4550 South Knox Court, Council and offered hie full support to Council. the attacking of elected officials and stated the what qualifications does the petitioner have that vestigate the Council. appeared before Mr. Sovern opposed citizens should ask allows him to in- Mrs. Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Knight stated she was one of the people who had written letters in the newspapers. Mrs. Knight stated she wrote the letters not to talk about someone but to bring up issues about which she felt the public should be concerned. Mrs. Knight stated she did not want to cause disaention between the Council and the citizens but rather wanted them to work together. Mrs. Knight stated she had become ill from the smoke-filled room and wished that smoking would not be per- mitted at public meetings. Councilman Clayton spoke on the matter of serving as a coun- cilman and a personal incident involving his son. Mr. Clayton stated people must respect each other's right to disagree. Mrs. Beverly Howell, 3255 South Delaware, appeared before Council and asked for identification of an area designated for low cost housing in the City of Englewood. Mrs. Howell referred to a re- cent article appearing in the Englewood Citizen concerning the matter. Director Wanuah appeared before Council and explained what target area was being staged for rehabilitation loan eligibility. Mr. Wanush stated the article diacuesee more subjects than just the re- habilitation loan program. Mr. Tr\Dan Davia, 2721 South Ogden, appeared before Council. Mr. Davia stated he waa proud of hie councilman and would like to have Mr. Jack Patterson and whoever is behind him investigated. Mrs. Frances Howard, 645 East Yale Place, appeared before Council. Mrs. Hovard atated the actions that have taken place in the laat few weeka againat certain council members would deter any qualified person from running for election in November. Mayor Taylor expressed appreciation to the people who came to the meeting. The Mayor also expressed the pride he felt in being a part of the City of Englewood. * * * * * * Mayor Taylor declared a recess at 9:30 p.m. The Council re- convened at 9:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: May 7, 1979 Page 10 Council Member• Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum preaent. * * * * * * COUNCILMAN MARN !l>VED TO OPEN THE PUBLIC HEARING TO CONSIDER THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Director of Connunity Development Wanush appeared before Council and presented the grant application. Mr. Wanush stated the application is for the United State• Department of Housing and Urban Development for $226,000 to be uaed aolely for housing rehabilitation in the City of Englewood. Mr. Wanuah stated the $226,000 would be used to subsidize loans in the existing program and would allow the program to continue for another two years. Mr. Wanush explained the philosophy for focusing on one particular target area and which areas will be emphasized under the program. Mr. Wanush stated the Planning and Zoning Conmission has approved the Housing Assistance Plan and the amended target areas are a part of the proposed comprehensive plan soon to be transmitted to Council. Mayor Taylor asked Mrs. Howell if her previously-stated ·questions had been answered. Mrs. Howell stated that they had been. Mayor Taylor aaked if anyone in the audience wished to speak in favor of the application. Ro one reaponded. Mayor Taylor asked if anyone in the audience wished to speak against the application. No one responded. COUNCILMAN WEBER tl>VED TO CLOSE THE PUBLIC HEARING. Council- man Harper seconded the motion. Upon a call of the roll, the vote re- sulted as follows: May 7, 1979 Page 11 Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. 'ftle Mayor declared the motion carried. COUNCILMAN SMITH MOVED THAT THE CITY MANAGER BE ALLOWED TO SIGN THE CO~ITY BLOClt GRAMT APPLICATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO OPEN THE PUBLIC HEARING TO CON- SIDER THE REQUEST FOR A SPECIAL EVERTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. James Sprinkle, 500 East Grand, appeared before Council as a reprsentative from All Souls Catholic Church. Mr. Sprinkle submitted the photograph of the notice for a public hearing and re- quested that Council grant the special events permit. Mayor Taylor asked if anyone in the audience wished to speak in objection to the special events permit. No one responded. COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. 'ftle Mayor declared the motion carried. May 7, 1979 Page 12 COUNCILMAN WILLIAMS t«>VED TO GRANT THE SPECIAL EVENTS PERMIT FOR BEER, WINE, AND LIQUOR FOR ALL SOULS CATHOLIC CHURCH ON JUNE 9 AND 10, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted ae follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * "Conmunicationa -No Action RecoDlllended" on the agenda were received: (a) Minutes of the Housing Authority meetings of February 27 and March 22, 1979. (b) Minutes of the Board of Adjustment and Appeals meeting of March 14, 1979. (c) Minutes of the Board of Career Service Connnis- sionere meeting of March 15, 1979. (d) Minutes of the Planning and Zoning Conmission meeting of April 3, 1979. (e) Minutes of the Animal Control Conmittee meeting of April 23, 1979. (f) Memorandum from the Director of Public Works to the City Manager concerning snow and ice control. Councilman Mann asked for a status report on item (e). Mr. Thad Carson, 3990 South Jason, Chairman of the Animal Control conmittee appeared before council. Mr. Carson stated the CoDlllittee will vote next Monday night whether or not to accept a licensed veterinarian as a member. Mr. Carson stated there had been miscom- munication concerning the Conmittee's next meeting but the misunder- standing had been corrected. * * * * * * City Manager Mccown presented the minutes of the Public Library Board meeting of April 10, 1979, with a reconmendation that appropriate action be taken to fill the vacancy on the Library Board. City Manager Mccown stated the vacancy expires February 1, 1980. May 7, 1979 Page 13 COUNCILMAN CLAYTON t«>VED TO ACCEPT THE RECOMMENDATION AND TO SCHEDULE DISCUSSION ON THE RECOIMENDATION AT THE NEXT REGULAR STUDY SESSION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted ae follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. City Manager Mccown stated the letters of application for the vacancy would be included in Council's next agenda packet. * * * * * * City Manager McCown presented the minutes of the Parks and Recreation Co111Dission meeting of April 12, 1979 with two recom- mendations. The first reco11111endation concerns the land east of the Malley Senior Recreation Center. Mr. Mccown stated the Conmission reco11111enda that the City purchase the property east of the Malley Center to be used for additional parking. Mr. Mccown stated the property is the one about which the Englewood Centennial Bi-Centennial Foundation Administrative Connittee approached Council several months ago; and discussed their proposal to give .Council certain monies to purchase the property if Council would match their funds. Mr. Mccown stated both he and Mayor Taylor were designated to negotiate terms with the com- mittee and negotiations are still on-going. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION. Councilman Harper seconded the motion. City Manager Mccown explained in detail the status of the negotiations between the Co11111ittee and the City on the matter. Mr. Mccown stated the Co11111ittee is presently undergoing evaluation of its purpose and capabilities. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. Mr. Doug Sovern, 4550 South Knox Court, appeared before Council and spoke on the Centennial-Bi-Centennial Foundation. Mr. Sovern stated he recalled that the City was to match funds with the May 7, 1979 Page 14 CoDlllittee on a specific ratio as outlined in the original agree- ment to make sure that any money contributed for a specific purpose was used for that purpoae at leaat up to the original liability. Mr. Sovern doubted that the foundation waa doing that. Mr. Mccown stated the aecond reconmendation from the Parks and Recreation Conmiaaion concern• the golf ball problem. Mr. Mccown referred to the suit brought againat the city by Mr. Byron Sutton for property damages. Mr. Mccown atated the Connission has offered the following three alternative• to the problem: 1) construct a screen 30 feet high and 50 feet long adjacent to the tee box -the aesthetic result would be grotesque but the effectiveness good; 2) plant six tall pine trees 20 -25' on the bank of the creek at $700 -$800 per tree -the aesthetic result would be good as well as the effectiveness; 3) stimulate growth of the existingb:'ees for a cost of $500 over a three year period. Mayor Taylor discouraged Council to pay the claim of Mr. Sutton's on the basis of setting a precedent for future claims. Councilman Smith queried the City Attorney on the possibility of buying insurance coverage for this type of claim. City ATtorney Berardini stated his office researched the pro- blem with other golf courses in Denver. Mr. Berardini reported that the federally-owned clubs will pay damages dones to vehicles or resi- dences which lie in the fairway. Of the other clubs that were checked, all stated it was the responaibility of the individual golfer to pay for damages he or she may have caused. Mr. Berardini stated the Council may want to consider at a later time looking into possibilities of buying protection to cover such claims. COUNCILMAN HARPER MOVED TO PROCEED WITH THE PLANNED PROGRAM NOW IN EFFECT AT THE GOLF COURSE TO ELIMINATE THE PROBLEM OF GOLF BALLS THAT ARE HIT INTO THE TRAILER COURT WHICH IS ALTERNATE #3. Coun- cilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member• Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda appeared before Council and pre- sented the minutes of the Water and Sewer Board meeting of April 23, 1979, and the recoDlllendationa to approve the contract with the Colorado Water Conservancy District Groundwater Management Subdistrict, to approve I May 7, 1979 Page 15 Supplement 166 Southgate Sanitation District and to approve Supple- ment 167 Southgate Sanitation District contained therein. COUNCILMAN CLAYTON K>VED TO APPROVE THE AGREEMENT WITH THE COLORADO WATER CONSERVARCY DISTRICT GROUNDWATER MANAGEMENT SUB- DISTRICT FOR LEASE OF RAW WATER. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON K>VED TO APRPOVE SUPPLEMENT 166 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. COUNCILMAN CLAYTON K>VED TO APPROVE SUPPLEMENT 167 TO THE SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented the request for a 3.2 beer license renewal -consumption off the premises -for the 7-11 Store, 2705 South Broadway. Mr. Mccown stated the request had been tabled until this meeting because more information was needed to explain why the applicant had responded affirmatively to the question, "Have you ever had your licenae auapended or revoked?". Mr. Mccown stated after investigation, it waa diacovered that there had been no violations of the liquor code by this particular store in the City of Englewood. The firm operates several stores throughout the south and southwestern part of the United Statea, aome of which have had their licenses re- voked. Mr. Mccown atated the firm wanted to be completely honest in applying for a renewal licenae. May 7, 1979 Page 16 COUNCILMAN WILLIAMS MOVED TO RENEW THE LICENSE FOR 3.2 BEER - CONSUMPTION OFF THE PREMISES -FOR THE 7-11 STORE, 2705 SOUTH BROAD- WAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING SECTION 5 (f), CHAPTER l, TITLE X, OF THE '69 E.M.C., AUTHORIZING THE PARKS AND RECREATION COMMISSION TO APOINT A SENIOR CITIZENS ADVISORY COMMITTEE AND THE COMMITTEE BE REVIEWED BY COUNCIL AT EVERY THREE-YEAR INTERVAL. City Attorney Berardini noted that the two paragraphs under 10-1-5: POWERS AND DUTIES should be reversed and that the paragraph appearing in capital letters be made subsection (f) and the para- graph appearing in lower case be made subsection (g). COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 21 ON FINAL READING. Councilman Weber seconded the motion. Councilman Clayton stated he was in agreement with the basic intent of the bill; however, he thought it was not a good idea to have independent boards and agencies of the City appointing other boards and agencies. Mr. Clayton stated he thought appoint- ments should require Council approval. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Mann, Williams, Weber, Smith, Harper, Taylor. Council Member Clayton. The Mayor declared the motion carried. * * * * * * May 7, 1979 Page 17 ORDINANCE NO. 21 SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCILMEN MANN/SMITH AN ORDINANCE VACATING PART OF A STREET BETWEEN BLOCKS 4 AND 5, ENGLEWOOD HEIGHTS SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. City Attorney Berardini asked the private party involved in this transaction, Mr. William F. Davis, if he would be willing to grant to the City an easement for the purposes of maintaining the City Ditch with the provision that if the ditch should be piped then the easement would be returned to him. Mr. Williams F. Davia was in attendance and stated that he and his wife agreed to the condition as stated by the City Attorney. COUNCILMAN SMITH t«>VED To PASS COUNCIL BILL NO. 24 ON FINAL READING WITH THE ADDITION OF THE EASEMENT TO BE SUPPLIED BY THE CITY ATTORNEY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CER- TAIN AMENDMENTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 25 ON FIRST READING. Councilman Weber seconded the motion. Councilman SMith stated he opposed the bill because he and several other citizens were under the impression that it was going to May 7, 1979 Page 18 be closed in the next three to five years; thus giving property owners additional uae of their property. The term of the agreement is for twenty years; consequently, the ditch may never be closed. Councilman Clayton opposed the bill because the term of the agreement is too long. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council members Mann, Williama, Weber, Harper, Taylor. Council Members Clayton, Smith. The Mayor declared the motion carried. RESOLUTION NO. 18 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTREST AND EASEMENT IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE A SITE FOR CONSTRUCTION OF A WATER STORAGE STRUCTURE. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 18, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 19 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF PAUL H. DAGHLIAN AND SHAKE' T. DAGHLIAN, DOING BUSINESS AS PAUL'S RESTAURANT & PIZZERIA, FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 3542 SOUTH FOX, ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 19, SERIES OF 1979. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: May 7, 1979 Page 19 Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1979 * * * * * * A RESOLUTION APPROPRIATING $50,000 FROM THE WATER FUND TO THE ADMINISTRATIVE AND GENERAL ACCOUNT TO PROVIDE AN EMERGENCY FUND TO ASSIST IN DEFRAYING THE COST OF THAWING WATER SERVICE LINES AND TO ESTABLISH QUALIFICATION FOR COMPENSATION THEREFOR. City Attorney Berardini noted in the fourth paragraph "92" should be changed to "93". COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Clayton noted that the resolution contains no upper limit on all claims. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 21 SERIES OF 1979 * * * * * * A RESOLUTION AUTHORIZING MACLEE RADIO, INC. AND WESTERN BROADCAST- ING CORPORATION A THREE MONTH EXTENSION OF THE LEASE OF JANUARY 1, 1972. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 21, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. May 7, 1979 Page 20 Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini reported on the status of the case Oliner vs. the City, involving the property upon which the Police/Fire Center is located. Mr. Berardini stated the Colorado State Supreme Court has refused to accept the case; and the lower court decision stands. Therefore, the law suit is completed and the City may exercise its option to purchase the land according to the terms of the lease after 1995. Mr. Berardini stated he would prepare a broader report on the case at a later date. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning the speed limit on South Elati Street. Mr. McCown stated the results of the study conducted by the Traffic Engineer indicate that 25 miles per hour in this area is an adequate speed. Mr. Mccown stated the Traffic Engineer also points out that the Model Traffic Code stipulates that 25 miles per hour will be in the speed limit in business districts. Mr. Mccown stated the cross walk intersection at Girard Street will be restriped and Police Chief Holmes will ask for selective enforcement of the speed limit in this area. Mr. Mccown stated staff does not reco11111end that the speed limit be changed to 15 miles per hour. Council discussed the problem of pedestrian cross walks in this area. Council requested the City Manager to report back on some of their suggestions. City Manager Mccown stated he would request that the study be broadened and follow up with reconmendations. RESOLUTION NO. 17 SERIES OF 1979 * * * * * * A RESOLUTION SUPPORTING THE DENVER REGION ELEMENT OF THE STATE I IMPLEMENTATION PLAN THROUGH COMMITMENT TO IMPLEMENT SPECIFIC AIR I POLLUTION CONTROL MEASURES AND TO CONSIDER FOR IMPLEMENTATION THOSE ADDITIONAL MEASURES RECO..mNDED AS THE RESULT OF FURTHER EVALUATIONS TO BE CONDUCTED UNDER THE CONTINUING AIR QUALITY PLANNING PROCESS. Director of Connunity Development Wanush appeared before Council and discussed the co11111itments by which passage of the resolution would obligate the City. Councilman Mann opposed the concept of the resolution on the basis that the agency is no longer advising the City of Englewood but May 7, 1979 Page 21 dictating to it; thereby, taking away local authority of local pro- blems. Councilman Harper stated there has to be a coordinating agency in the region if anything is going to be done about pollution. COUNCILMAN WEBER MOVED TO PASS RESOLUTION NO. 17, SERIES OF 1979. Councilman Harper seconded the motion. Councilman Smith expressed concern on how the plan was going to be financed. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Weber, Harper, Taylor. Council Members Smith, Mann. The Mayor declared the motion carried. Mr. Bill Howard, 1411 East Dartmouth Avenue, was granted per- mission to appear before Council. Mr. Howard stated Englewood has been designated as a regional activity center and any future acquiescence to clean air plans will have a direct effect on the City's economy. Mr. Howard suggested that before the restrictions get more specific relative to clean air, negotiations be started with DRCOG to get some kind of a balance between their coDlllitment to RTD facilities in this area against their requirements for clean air. * * * * * * City Manager Mccown presented the six quarter budget for April 1979 through September 1980 and the recoDlllendations contained therein. RESOLUTION NO. 22 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND, REVENUE SHARING FUND, AND GENERAL FUND BUDGETS FOR 1979. COUNCILMAN MARN !«>VED TO PASS RESOLUTION NO. 22, SERIES OF 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Memers Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. May 7, 1979 Page 22 The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE MAYOR TO SIGN THE GRANT RECEIVED FROM THE STATE HOUSING DIVISION IN THE AMOUNT OF $35,000 FOR THE REHABILITATION PROGRAM. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Mann, Williams, Weber, Smith, Harper, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated the City has been notified by the Bureau of Outdoor Recreation of acceptance of a grant for $250,000 for the river redevelopment. Mr. Mccown stated the grant is matching monies for 1980 and the staff is studying the accounting procedures to facilitate the grant. * * * * * * Mayor Taylor reminded Council of numerous items which need to be discussed and disposed. Mayor Taylor proposed a day-long study session as soon as possible. COUNCILMAN MANN l«>VED TO INSTRUcr THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE REPAIR, REPLACEMENT, LOWERING AND THAWING OF FROZEN WATER LINES IN THE CITY'S PUBLIC RIGHT-OF-WAY. Councilman Smith seconded the motion. Councilman Weber stated he would like to discuss the matter at a study session to avoid making amendments to a final draft. Councilman Mann withdrew his motion. Councilman Smith with- drew his second to the motion. Council agreed to discuss the frozen water line matter in a study session. Council agreed to set aside May 10th at 6:00 p.m. to discuss labor negotiations in an executive study session. * * * * * * Mayor Taylor stated the Englewood High School marching band has been invited to participate in the annual Rose Bowl parade. Mayor May 7, 1979 Page 23 Taylor asked Council to help these students find jobs because each student has to pay his or her own way. * * * * * * Councilman Clayton requested a bulletin of the list of times and dates for the meetings that have been set up during this meeting. * * * * * * There was no further business to be discussed. * * * * * * Mayor Taylor adjourned the meeting without a vote at 11:45 p.m. r.oeltJAtZ~ eputffy Clerk