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HomeMy WebLinkAbout1978-02-06 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 6, 1978 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 6, 1978, at 7:35 p.m. Mayor Pro Tem Mann, presiding, called the meeting to order. The invocation was given by Reverend Helen Walker, Esoteric Truth Center, 130 East Girard Avenue. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Pro Tem Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tem declared a quorwn present. Mayor Pro Tem Mann stated that Mayor James L. Taylor was out of the city on vacation. Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Engineering Services Diede Municipal Court Judge Parkinson Deputy City Clerk Watkins * * * * * * ~OUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 16, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. February 6, 1978 Page 2 Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED THAT THE MINUTES OF THE SPECIAL MEETING OF JANUARY 23, 1978 BE APPROVED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED THE MINUTES OF THE SPECIAL MEETING ON JANUARY 30, 1978 BE POSTPONED UNTIL THE NEXT COUNCIL MEETING ON FEBRUARY 21, 1978. Councilman Clayton seconded the motion. Councilman Clayton stated that postponement is due to the fact that the minutes are lengthly; they had been passed out shortly before the meeting; consequently, the Council had not had time to read them. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Pre-scheduled visitor Milton Senti, appeared before Council to discuss the Diamond Jubilee. Mr. Senti stated that Sam Love who was scheduled also to be at this meeting was unable to come. Mr. Senti announced the events that the Connnittee has planned and requested financial assistance from the Council to get the program started. In reply to Mayor Pro Tem Mann's question regarding the items that are to be purchased and the repayment of the money, February 6, 1978 Page 3 Mr. Senti stated he was under the impression that the money was to be a donation and not a loan. City Manager Mccown stated that in his conversations with Mayor Taylor regarding this, the Mayor had implied the money was to be donated to the Diamond Jubilee Committee as "seed" money and it would not have to be repaid. Councilman Smith stated he understood that Mayor Taylor met with the Diamond Jubilee Connittee during which the Committee stated that it would disband at the end of the year and any money that was left over would be paid back to the City. COUNCILMAN SMITH MOVED TO GIVE $2,000 TO THE DIAMOND JUBILEE COMMITTEE. Councilman Clayton seconded the motion. Councilman Weber asked for clarification of the City Manager's understanding on this matter. City Manager McCown reiterated that in discussions with Mayor Taylor the money was to be given to the Diamond Jubilee CoDlllittee to use to get their operations underway and was not necessarily to be repaid to the City. Also, if there were any funds left over after the celebration or at the of the year, then perhaps those funds would be returned. City Manager Mccown stated that this was his personal understanding. Councilman Weber stated his personal understanding was that the money was to be repaid. Councilman Smith stated that the idea of repayment was understandable since the ECBC returned money the City gave to them. Councilman Smith stated that based on the purpose for the Diamond Jubilee celebration, the Council should support the CoD1Dittee's efforts by giving them the money without expecting to be repaid. Councilman Clayton requested that the foregoing con- versation be written in the minutes and the discussion be con- cluded with the understanding that if it is possible, the Com- mittee reimburse the City at the end of the year. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Smith, Harper, Mann. Council Member Weber. Council Member Taylor. February 6, 1978 Page 4 The Mayor declared the motion carried. Mr. Senti then discussed the request for permission to use the Senior Recreation Center for some of the events the Diamond Jubilee has planned, specifically the fashion show and the melo- drama. Mr. Senti requested that Council review their policy on the use of the Center and allow the CoDIDittee to use it for these events. Mr. Senti also stated the CoDIDittee would be happy to work with the Recreation Department to avoid any conflicts in dates. Councilman Clayton asked Mr. Senti to provide specific dates prior to Council's study session on March 6, 1978 for review. Mayor Pro Tem Mann also stated that the Council is study- ing the possibility of revising the policy concerning the use of the Center. * * * * * * Mayor Pro Tern Mann took the Chair's prerogative departing from the agenda to present a card of congratulations from all the Council to Councilman Clayton and Mrs. Clayton on the event of their twenty-fifth wedding anniversary. Councilman Clayton thanked the Council on behalf of Mrs. Clayton and himself for the Council's thoughtfulness, then openly expressed his love and appreciation for Mrs. Clayton for the past years of their marriage and coDlllented they both are looking forward to future good years. Councilman Clayton then introduced his daughter and stated that his son and his wife were unable to attend. * * * * * * Pre-scheduled visitor Mayor Al Thomas from the City of Northglenn, appeared before the Council and presented a Resolution to the Englewood City Council thanking the Council for their support of Northglenn in the DRCOG 208 Clean Water Plan. Mayor Pro Tem Mann thanked Mayor Thomas and accepted the Resolution on behalf of the City Council. * * * * * * Pre-scheduled visitors Mayor Bonnie Allison and Council- woman Norma Daly from the City of Edgewater appeared before Council and discussed the City of Edgewater's campaign for "Kill The Cloud" which is their fight against pollution. Councilwoman Norma Daly stated the surrounding cities had to accept partial responsibility for the pollution problem that exists in Denver. Therefore, these surrounding cities collectively should help in the clean up and the February 6, 1978 Page 5 prevention of pollution. Councilwoman Daly stated that the City of Edgewater has come up with several ideas for this campaign; one idea is the display of bwnper stickers on cars with the slogan "I never drive on Monday" or whatever day the people choose not to drive. Councilwoman Daly solicited the members of Council for their endorsement and left a set of bwnper stickers if anyone wanted to use them. * * * * * * Pre-scheduled visitor Mrs. Jackie Schmitz, 4275 South Pennsylvania Street, appeared before Council and discussed a request to rename Duncan Park to the John Rotolo Park. In reply to Mayor Pro Tem Mann's question, Mrs. Schmitz stated that she had contacted Director Romans of the Parks and Recreation Department who in turned ref erred her to the City Manager and the City Council. Councilman Harper stated the park was school property and the City leases the land for a park. City Manager Mccown stated the City has a twenty-five year lease with the school for the park but the real ownership of the land is unclear due to a court decision several years ago. Councilman Smith stated Duncan School was named after a school teacher and when part of the land was turned into a park the name was carried over. Councilman Smith also stated to separate the name without separating the property may pose legal problems. COUNCILMAN SMITH MOVED THAT COUNCILMEN CLAYTON AND HARPER BE INSTRUCTED TO TAKE THIS REQUEST FROM MRS. JACKIE SCHMITZ BEFORE THE SCHOOL-COUNCIL COMMITTEE AT THEIR MEETING TUESDAY, FEBRUARY 7, 1978 FOR INVESTIGATION. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried; and informed Mrs. Schmitz that the Council would try to have some answers for her in the next two weeks. * * * * * * February 6, 1978 Page 6 Mayor Pro Tem Mann asked if there were any other visitors in the audience wishing to speak to the Council on any issues. William Anderson, 4981 South Washington, appeared before Council and discussed several items. First, Mr. Anderson compli- mented the Council for allocating funds to build the Sinclair Bath House. Secondly, Mr. Anderson discussed his opinion on the limited amount of Englewood news that is published in the Sentinel and stated that the citizens needed a newspaper. Thirdly, Mr. Anderson stated the rug at the Malley Center needs to be replaced and the Center is too cold. Fourthly, Mr. Anderson discussed his opposition of the proposed Santa Fe annexation area because of the expense to service the area. Fitthly, Mr. Anderson discussed his opposition towards ~nglewood supplying sewer services to the proposed develop- ment for the Phipps Ranch. Lastly, Mr. Anderson urged the Council to pass the flood plain ordinance for the protection ot the citizens in that area and not to be swayed by CONSENSUS. * * * * * * Mayor Pro Tem Mann asked if there were any other visitors wishing to speak to the Council on any issues. Municipal Court Judge Louis Parkinson appeared before Council and discussed his recoD11Jendations for changes in Muni- cipal Court. Municipal ~ourt Judge ¥arkinson reterred the Council to agenda item -7e. Councilman Clayton stated that these recoumendations raise several issues and asked if the Judge had discussed the proposed upgrading of employees with the Director of Finance and the City Manager; and if the Judge still was of his original opinion. Judge Parkinson stated he had discussed the matter with the Director of Finance and the City Manager and was still of the opinion that the Court needed to be changed. COUNCILMAN SMITH MOVED THAT AGENDA ITEM 7E, "MEMORANDUM FROM JUDGE PARKINSON TO MAYOR TAYLOR AND CITY COUNCIL CONCERNING RECOMMENDED CHANGES TO THE MUNICIPAL COURT" BE TAKEN OUT OF ORDER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * February 6, 1978 Page 7 COUNCILMAN SMITH MOVED TO SET A SPECIAL MEETING WITH THE JUDGE, THE CITY MANAGER, THE CITY ATTORNEY, AND THE CITY COUNCIL FOR MARCH 13, 1978 AT 7:00 P.H. AT WHICH TIME A FULL PRESENTATION WILL BE GIVEN BY ALL PARTIES INCLUDING LEGAL OPINIONS FROM THE CITY ATTORNEY' I ADMINISTRATIVE OPINIONS FROM THE CITY MANAGER AND ANY ADDITIONAL INFORMATION THAT JUDGE PARKINSON WOULD LIKE TO SUBMIT. Councilman Harper seconded the motion. Mayor Pro Tern Mann informed Judge Parkinson that the time of the special meeting might be changed, and the Council would let him know. Councilman Smith requested that each proposed presentation be submitted to each individual Council member in writing one week prior to the meeting. City Attorney Berardini stated that it was important that the Council be aware of the historical evolution of the Municipal Court in Englewood for a better perspective and understanding of what has happened, and his presentation would cover the historical aspects as well as how the issue related to the Charter authority. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Mayor Pro Tem Mann asked if there were any other visitors wishing to address the Council on any issues. Mr. Tucker, 2204 East Dartmouth Circle, appeared before the Council and asked for clarification from Councilman Weber on whether a petition could be presented at this meeting protesting Paving District No. 25. Councilman Weber replied that the petition could not be presented until the next public hearing which is scheduled for February 21, 1978. * * * * * * "CoD11JUnications -No Action Reconmended" on the agenda were received' February 6, 1978 Page 8 (a) (b) (c) (d) (e) Minutes of the Planning and Zoning Commission meeting of December 20, 1977. Minutes of the Denver Regional Council of Governments meeting of December 21, 1977. Minutes of the Planning and Zoning Commission meeting of December 27, 1977. Minutes of the Public Library Board meeting of January 10, 1978. Minutes of the Board of Career Service Com- missioners meeting of January 19, 1978. Councilman Smith queried whether the Board of Adjustments and Appeals had met last month and the omission of the minutes from the foregoing list if they had. * * * * * * City Manager Mccown presented the minutes of the Water and Sewer Board meeting of January 17, 1978 and asked Administrative Assistant Hugh Brown to present the Board's recomnendations. Administrative Assistant Brown stated that the Board has four recomnendations, three of which are related to additions to Santitation Districts and the other for a moratorium on water taps outside the City. Administrative Assistant Brown stated the Board wishes Supplement 18 to Valley Sanitation District to be withdrawn for the time being until it is rewritten to include certain restrictions. The Council agreed to the omission at this time. Administrative Assistant Brown discussed the recom- mendation for Supplement 157 to Southgate Sanitation District which is the addition of eight homes. COUNCILMAN WILLIAMS MOVED TO APPROVE THE WATER AND SEWER BOARD'S RECOMMENDATION FOR SUPPLEMENT 157 TO SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. February 6, 1978 Page 9 Administrative Assistant Brown discussed the Water and Sewer Board's recomnendation for Supplement 158 to Southgate Sanitation for an addition of eight individual office buildings. COUNCILMAN HARPER MOVED TO ACCEPT THE RECOMMENDATION FROM THE WATER AND SEWER BOARD FOR SUPPLEMENT #58 TO SOUTHGATE SANITATION DISTRICT. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. Administrative Assistant Brown discussed the Water and Sewer Bo~rd's recomnendation for a moratorium on water taps outside the City. Administrative Assistant Brown stated this is of con- cern to the Board because the Allen Plant presently is operating at capacity and additional taps would be an overload. Administrative Assistant Brown stated the Water and Sewer Board reco11111ends plac- ing a moratorium on future water taps outside the City until the Allen Plant is completed approximately in two -three years. COUNCILMAN SMITH MOVED TO APPROVE THE RECOll'IENDATION FROM THE WATER AND SEWER BOARD TO ESTABLISH A MORATORIUM ON THE SALE OF TREATED WATER TAPS OUTSIDE THE CITY UNTIL THE ALLEN FILTER PLANT CONSTRUCTION IS COMPLETE. Mayor Pro Tem Mann seconded the motion. Councilman Harper stated that he was not familiar with the outside territory in which Englewood has supplied water and asked for clarification on the declaration of a moratorium on water taps either individually or collectively. City Manager Mccown stated that people must first be refused service by the Denver Water Board before they can con- tact Englewood. City Manager Mccown pointed out the areas that are presently being serviced and mentioned that these areas have been serviced by Englewood for many years. City Manager Mccown stated the City is relunctant to service any new areas because of the system'• inherent problema. City Manager Mccown stated that a new tap was approved a year or so ago; however, improvements had to be constructed by the developer himself which were never carried out. City Manager Mccown stated the main problem about approving outside water taps is the drain on the water system for the citizens of Englewood. February 6, 1978 Page 10 A lengthy discussion then ensued concerning sewer taps and water tape; the City'• obligations to service areas request- ing permission for these tape; and whether a moratorium should be a blanket coverage or whether consideration should be given to each individual request for a tap. Councilman Smith stated he was in favor of the moratorium because he thought the citizens of Englewood would be protected against any decrease in the water supply. Councilman Smith also stated that approving individual water taps places the City in precarious positions, i.e. approving a water tap because the tap may be adjacent to a previously approved tap. Councilmen Clayton, Harper, and Weber expressed ob- jection to the concept of a blank moratorium which the Board is requesting. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member Smith. Council Members Clayton, Williams, Weber, Harper, Mann. Council Member Taylor. The Mayor Pro Tern declared the motion defeated. * * * * * * City Manager Mccown presented a request from Encore, Inc. d/b/a/ South Door, 5470 South Broadway, for an annual re- newal for a 3.2 beer license. City Manager Mccown stated that the Chief of Police recomnends approval of this request even though their police report indicates a significant amount of yolice incident reports. City Manager Mccown stated the Chief of Police further comnented that the management of the South Door is operating the establishment well and most of the in- cidents were minor. COUNCILMAN WEBER MOVED TO APPROVE THE ANNUAL RENEWAL OF A 3.2 BEER LICENSE FOR ENCORE INC. d/b/a SOUTH DOOR, 5470 SOUTH BROADWAY. Councilman Williams seconded the motion. Upon Councilman Weber's request, City Manager Mccown explained the Police Department's report and the definitions of the incidents as they are denoted in the report. Mayor Pro Tem Mann comnented that the South Door management should be complimented and further encouraged to call the Police Department on any disturbance. February 6, 1978 Page 11 COUNCILMAN SMITH MOVED TO POSTPONE THIS ITEM UNTIL THE OWNERSHIP OF THE SOUTH DOOR AND CAPTAIN FRAIZER CAN APPEAR BEFORE THE COUNCIL. Councilman Clayton seconded the motion. Councilman Clayton stated he thought the management was doing a good job; however, he wanted them to meet with the Council so they would know the Council ia concerned. Councilman Smith stated the reason he made the motion was that some of the diaturbancea are generated by a fight, etc. and it is the Council's reaponaibility to show concern. Upon a call of the roll, the vote reaulted as follows: Ayes: Council Member a Smith, Clayton. Nays: Council Member a Williama, Weber, Harper, Mann. Absent: Council Members Taylor. The Mayor Pro Tem declared the motion def eat ed. Upon a call of the roll, the vote on the original motion to approve the annual renewal of a 3.2 beer license for the South Door resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Harper, Mann. Council Member Smith. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR AN ANNUAL RENEWAL 3.2 BEER LICENSE FOR U TOTEM OF COLORADO, INC., 123 EAST BELLEVIEW. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor February 6, 1978 Page 12 The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO APPROVE A REQUEST FOR AN ANNUAL RENEWAL OF A LIQUOR-LICENSED DRUG STORE FOR MR. THOMAS J. GINTHER D/B/A CHERRELYN DRUG STORE, 4285 SOUTH BROAD- WAY. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE RECOMMENDATION FROM THE PLAHHING AND ZONING COtltlSSION DATED MARCH 22, 1977 IN CASE 131-76. Councilman Clayton seconded the motion. Councilman Smith stated that he took part in this recomnendation while he was on the Planninf and Zoning Commission. Councilman Smith acknowledged there were d ff erences of opinion on the Council and the reaaone why. Councilman Smith further stated that it was hie personal opinion the Council was using R.P.R. Brothers aa a hostage for action from Larwin if the re- coU111endation was not approved. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member Smith. Council Members Clayton, Williams, Weber, Harper, Mann. Council Member Taylor. The Mayor Pro Tem declared the motion defeated. Mayor Pro Tem Mann requested that the City Manager ex- plain the reasoning behind the Council'• denial of the Planning and Zoning CoU111ieeion. City Manager Mccown stated he thought one of the Councilmen who voted against the motion would be better equipped for an explanation. February 6, 1978 Page 13 Councilman Weber volunteered. Councilman Weber stated that it was not the Council's intention to hold R.P.R. Brothers hostage for a previously agreed upon subdivision with Larwin. Councilman Weber stated the other members of the Council felt I to deny the reco11111endation was the only to find out what Larwin's intention was for the total piece of property. Councilman Weber also stated the Council does not want to spot zone on a piece of property that had previous-agreed-upon plans. Mayor Pro Tem Mann stated if anyone was holding R.P.R. Brothers hostage it was Larwin. Councilman Weber stated Larwin did not develop the recreation center · in the middle and tried to sell the surrounding pieces of property leaving a piece of undeveloped land which pro- bably would remain undeveloped. Councilman Clayton stated the Council's intentions were to develop the land and approving the recomnendation would not carry out previous co11111ittments other Councils had made for that part of the City. Councilman Harper concurred with Councilman Weber's co11111ents. Councilman Harper also stated that there will be future development on the site but it will be under proper conditions. Councilman Williama stated he agreed with the other Councilmen's co11111enta on denying the reco11111endation. Councilman Smith stated he was amazed that this Council would state that they are fulfilling previous commit- tments from other Councils when no member agrees the continuation of the development on the Larwin site would be beneficial to the City. Councilman Smith further stated that in past Council discussions, practically no member, in the end, disapproved of what was reco11111ended to be built on the site including the residents who previously opposed it. Councilman Smith stated that it should be understood by the residents that the decision was not one-sided and it was his opinion the residents in the area will continue to oppose any kind of development in that area as long as they postpone it. * * * * * * City Manager Mccown presented a reco11111endation from Municipal Court Judge Louis Parkinson to name Haydn Swearingen as Associate Judge. COUNCILMAN CLAYTON MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPOINTING HAYDN SWEARINGEN AS ASSOCIATE JUDGE. Councilman Williams seconded the motion. Upon a call of I February 6, 1978 Pagel+ the roll, the vote resulted as follows: Ayes: Nays: Abaent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Mayor Pro Tem Mann declared a recess at 9:30 p.m. The Council reconvene~ at 9:45 p.m. Upon a call of the roll, the fol- lowing were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tern declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO, SHALL GRANT CERTAIN PROPERTY TO THE ESTATE OF K.C. ENSOR AND THE ESTATE OF K.C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE CITY OF ENGLEWOOD, COLORADO, FOR USE AS A PUMPING STATION. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Clayton seconded the motion. In answer to Councilman Clayton's question, City Attorney Berardini stated that the exchange was estimated to be equal in property value even though unequal in land area. In answer to Councilman Clayton's question, City Manager Mccown stated that the staff has properly investi- gated the exchange. In response to Councilman Weber's request for a written appraisal for the land, City Attorney Berardini February 6, 1978 Page 15 stated he would provide either the letter from the appraiser or surrogate material that will support the equality of the exchange at the next regular Council meeting when the bill comes up for final reading. Councilman Clayton requested the City Attorney to provide also the deeds for this property at the next regular Council meeting. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMEMBER CLAYTON A BILL FOR AN ORDINANCE CREATING PAVING DISTRICT NO. 25 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET AND ALLEY PAVING, CURB AND GUTTER AND SIDEWALK IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET THE PUBLIC HEARING FOR FEBRU- ARY 21, 1978. Councilman Smith seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRICT NO. 25 THE ALLEY EAST OF 3700 BLOCK SOUTH BROADWAY AND THE ALLEY EAST OF 4000 BLOCK SOUTH BROADWAY. Council- man Weber seconded the motion. Upon the approval of Councilman Smith and Councilman Weber, Councilman Williams added to the motion the deletion of the alley east of 4700 block South Broadway. Mayor Pro Tem Mann stated that he has been contacted to include the alley east of 4700 South Broadway. Councilman Weber withdrew his second to the motion to delete the alley east of 4700 block South Broadway. Council- man Smith withdrew his motion to delete same. February 6, 1978 Page 16 Upon a call of the roll, the vote on the amendment to the motion resulted aa follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN WEBER MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRlcr NO. 25 EAST AMHERST PLACE FROM THE EAST SIDE OF SOUTH PENNSYLVANIA STREET TO THE WEST SIDE OF SOUTH CLARKSON STREET FOR THE REASONS STATED IN A PETITION AND A COVER LETTER SUBMITTED ON JANUARY 30, 1978, FROM THE HOME OWNERS IN THAT AREA. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN WILLIAMS MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRicr NO. 25 SOUTH WASHINGTON CIRCLE FROM THE WEST SIDE OF SOUTH WASHINGTON STREET (APPROXIMATELY 5010 SOUTH) TO WEST SIDE OF SOUTH WASHINGTON STREET (APPROXIMATELY 5050 SOUTH). Council- man Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayo Pro Tem declared the motion carried. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION AND DELETE SIDE OF SOUTH WASHINGTON STREET (APPROXIMATELY 5050 SOUTH). Council- OF EAST GRAND AVENUE TO NORTH SIDE OF EAST BELLEVIEW AVENUE. Council- man Harper seconded the motion. Upon a call of the roll, the vote resulted aa follows: February 6, 1978 Page 17 Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN SMITH MOVED TO AMEND THE MOTION AND DELETE FROM PAVING DISTRICT NO. 25 SOUTH DELAWARE STREET FROM SOUTH SIDE WEST EASTMAN AVENUE TO NORTH SIDE OF WEST FLOYD AVENUE. Councilman Weber seconded the motion. Councilman Smith recalled the petition that was submitted protesting the paving and stated that was the reason why he made the recomnendation; however, the residents should be made aware of the fact it was the engineer's opinion that there was enough seepage under the street to cause rapid deteroriation. Mayor Pro Tem Mann requested the section from the staff report on this area be read. Director of Public Works Waggoner read the section affirm- ing the need for reconstruction of this area on South Delaware St. In response to Mayor Pro Tern Mann's question, Director Waggoner re- itereated the Department's recomnendation was to reconstruct this or ea. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Smith, Harper. Council Members Williams, Weber, Mann. Council Member Taylor. The Mayor Pro Tem declared the motion defeated. An unidentified gentleman in the audience requested Council's clarification for the taking of property by the City from the owners for right-of-way purposes and requested that a clause be inserted in the bill for cover the property owner in such a case. City Attorney Berardini stated the provision for the ap- praisal of properties for the taking of property by the City for right-of-way purposes traditionally is conducted later by resolution. February 6, 1978 Page 18 There were no further amendments to the motion. Councilman Smith requested the staff contact the owners of South Huron Street and inform the owners of the dis- cussions held at study sessions regarding the different expense and durability of them personally paving the street with asphalt as opposed to constructing a new street with a curb and gutter. Director of Public Works Waggoner informed the Council that under Section 6 of the bill the assessment of costs is $962,500 and the estimated City's cost is $195,400 approximately. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. Councilman Smith requested that the staff report be sent to the petitioners protesting Paving District No. 25. Councilman Harper recomnended before another paving district is formed, the Council to give special consideration to the paving of alleys and the assessment of costs for major arterial or collector streets. * * * * * * City Attorney Berardini presented a letter from himself to Mr. M. M. Summers regarding the City's liability in this matter. City Attorney Berardini stated it was his opinion that the City of Englewood has no liability to Mr. Suunners or to anyone else as a result of the inspection of the repair of Mr. Sununers's roof by Allied Roofing Company. City Attorney Berardini stated the matter was of a private concern between Mr. Suunners and Allied Roofing Company and should be further investigated by Mr. Suunners himself. City Attorney Berardini further stated that the City has no contractual relationship between Mr. Sunnners and the City can involve itself in this case. In response to Councilman Smith's question, City Attorney Berardini replied that his letter and attached documents would not affect any future legal proceedings Mr. Sununers may pursue against the roofing company. February 6, 1978 Page 19 COUNCILMAN SMITH MOVED TO ACCEPT THE REPORT FROM THE CITY ATTORNEY DATED FEBRUARY 6, 1978, CONCERNING THE CLAIM OF MR. SUMMERS AND THAT A COPY OF THE REPORT BE SENT TO MR. M.M. SUMMERS. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Berardini presented a memorandum from him- self to the Council concerning the legal newspaper designation for the City. City Attorney Berardini stated that his letter concludes the Englewood Herald Sentinel is currently the only qualified legal newspaper within the meaning of the Statue to which the City may lawfully submit legal publications. COUNCILMAN CLAYTON MOVED THAT THE CITY COUNCIL APPOINT THE ENGLEWOOD HERALD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY FOR THE CALENDAR YEAR OF 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Smith, Harper, Mann. Council Member Williama. Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * City Manager Mccown presented a status report on the Public Improvement Fund balance for 1977 from the Director of Finance. City Manager Mccown discussed the report and stated that $20,000 is the estimated amount to be left over at the end of the year even though the figure is unaudited at this time. COUNCILMAN SMITH MOVED THAT THE $20,000 NOW IN THE PUBLIC IMPROVEMENT FUND BE DESIGNATED FOR THE MILLER BUILDING IMPROVEMENT. Councilman Clayton seconded the motion. February 6, 1978 Page 20 Councilman Smith requested that a detailed estimate on the Miller Building be provided because of the escaluating coat estimates that have been speculated. In answer to City Manager McCown's question, Council- man Smith stated a resolution needs to prepared amending the Six Quarter Budget and presented at the next regular Council meeting. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED THAT THE COUNCIL STUDY SESSION BE MOVED FORWARD TO 5:00 P.M. ON FEBRUARY 13, 1978, AND THAT THE ITEM AT 5:00 P.H. ON THE AGENDA BE THE TOUR OF THE MILLER BUILD- ING FOR THE CITY COUNICIL AND TO INCLUDE MR. E. ROMANS AND WHOM- EVER ELSE THE CITY MANAGER SELECTS. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: ADaent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. ~ouncil Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Public Works and the Director of Engineering Services concerning problems the City is having in the repair of sidewalks and curbs. City Manager Mccown stated that the Director of En- gineering Services and the Director of Public Works is recommending that the City inmediately send out notices to various property owners to repair their sidewalks within thirty days; and if the owners did not do so, then the City should appropriate money to repair the sidewalks. City Manager Mccown stated the Directors further reconmend working with ~he City Attorney's office to effect a better system under which the curbs, gutters and sidewalks can be repaired. February 6, 1978 Page 21 Director of Public Works Waggoner appeared before Council .nd discu•sed the recoDlllendation. City Attorney Berardini explained the City's legal position I and liability to repair the sidewalks under the Code. City Attorney Berardini stated it was his opinion to delay these repairs so that they may be placed in a sidewalk district can be hazardous. COUNCILMAN SMITH MOVED THAT THE CITY COUNCIL SEND EACH ONE OF THE PROPERTY OWNERS LISTED A LETTER NOTIFYING THEM OF THEIR THIRTY DAY REPAIR NOTICE AND THAT THE STAFF PREPARE A PROCEDURE OR A RECOMMENDED ORDINANCE WHICH WILL !«>RE ADEQUATELY TAKE CARE OF SIDEWALKS IN NEED OF REPAIR IN THE CITY OF ENGLEWOOD. Councilman Clayton seconded the motion. City Attorney Berardini stated for clarification purposes that Council could conaence authorization for the repair of the sidewalks submitted on the list; however, further investigation and research would have to be done in order to recomnend any kind of an ordinance change. Upon a call of the roll, the vote resulted as follows: Aye•: Nay•: Absent: Council Members Clayton, Williama, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning a street sweeper justification and a request for authorization from the Council to negiotate the purchase of the sweeper. Director of Public Works Waggoner appeared before Council and discussed the request. In answer to Councilman Smith's question, Director Waggoner stated that this sweeper with the desired features is built by only one manufacturer and it would be useless for the City to solict any other bids. A lengthly discu••ion ensued concerning the specifications of the sweeper, the benefits of this particular sweeper, and the City's position in this manner of purchase. COUNCILMAN SMITH MOVED TO POSTPONE THIS MATTER UNTIL THE NEXT COUNCIL MEETING AT WHICH TIME THE STAFF PROVIDE COMMENTS CON- February 6, 1978 Page 22 CERNING THE SWEEPER FROM COLORADO SPRINGS AND ADDITIONAL BRO- CHURES AND TECHNICAL INFORMATION CONCERNING THE SWEEPER. Councilman Clayton eeconded the motion. Councilman Smith comnented that the staff knows surely what they want in regard• to a street sweeper ; however, the Council ehould aleo review the technical information and be made aware of the epecif icatione prior to taking any kind of action. Upon a call of the roll, the vote resulted as follows: Ayee: Naye: Abeent: Council Members Smith, Clayton. Council Members Williams, Weber, Harper, Mann. Council Member Taylor. The Mayor Pro Tem declared the motion defeated. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE STAFF TO NEGOTI- ATE THE PURCHASE OF A STREET SWEEPER. Councilman Harper seconded the motion. Councilman Smith voiced his opposition to the motion because he thought additional information on the sweeper should be supplied for review and before permission to negiotate is granted. Councilman Weber and Councilman Harper agreed that the Council could depend upon the staff's expertise in a selection of a sweeper. Councilman Clayton expressed his objection to the manner in which the matter has been presented to Council. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Harper, Mann. Council Member Smith. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Parke and Recreation to the City Manager concerning February 6, 1978 Page 23 Centennial Park Development. City Manager Mccown stated that main issue is Phase II for which the City is eligible for a federal grant to assist in the Phaee II development; however, the City must match these funds to complete it. COUNCILMAN WEBER MOVED TO POSTPONE THIS MATTER UNTIL THE STUDY SESSION, FEBRUARY 13, 1978. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as tollows: Ayea: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning Little Dry Creek and a conflict that exists for the proposed plans for land from South Platte River Drive to Santa Fe Drive. In answer to Councilman Smith's question, City Attorney Berardini replied that the City would have to adopt a plan in order to deter any development in this area. The Council decided to place this item on the agenda for the study session on February 21, 1978 which is to begin at 5:00 p.m. * * * * * * RESOLUTION NO. 8, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 SEWER FUND BUDGET. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUITON NO. 8, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Harper, Mann. Council Member Smith. Council Member Taylor. February 6, 1978 Page 24 The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE THE PROCLAMATION READ BY MAYOR PRO TEM MANN PROCLAIMING THE MONTH OF FEBRUARY, 1978, AS "TRANSIT AWARENESS MONTH". Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Councilman Smith instructed the staff contact the firm that installed the microphones in the Chambers to make a service call and repair the system before the next Council meeting. There being no further business, Mayor Pro Tem Mann de- clared the meeting adjourned at 11:30 p.m. ~~a)~ ty City terk