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HomeMy WebLinkAbout1978-03-20 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 20, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 20, 1978 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation waa given by Marten Lathrop, 3259 S. Clarkson. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor congratulated Boy Scout Troop 192 on the event of the troop's 50th anniversary. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of CoD111Unity Develop- ment Wanush Director of Finance/City Clerk James Deputy City Clerk Watkins * * * * * * COUNCILMAN HARPER MOVED THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 6, 1978 BE ACCEPTED. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. March 20, 1978 Page 2 Nays: Abstain: None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor John Sand, 8487 West 62nd Place, Arvada, was present and diacuaaed hie offer to sell his property at 140 -144 West Hampden to the City of Englewood for $86,000. COUNCILMAN CLAYTON MOVED THAT THE CITY MANAGER BE IN- STRUCTED TO GIVE THE COUNCIL THE NECESSARY INFORMATION ON THE OPTIONS UNDER THE PRESENT FINANCIAL SITUATION OF PURCHASE OF THIS LAND AS WELL AS A PROFESSIONAL APPRAISAL OF THE PROPERTY AT 140 - 144 WEST HAMPDEN FOR CONSIDERATION AT THE MEETING ON APRIL 3, 1978. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled viaitor Mitchell Cohen, 3692 S. Spruce, Denver, President of Lord Byron Enterprises, Inc. was present with his attorney Gary Aaron, and discussed their request for Council to consider the laauance of a Hotel/Restaurant license for his new establishment Lord Byron's Restaurant formerly Freddie Fudd's and Zuider Zee located at Cinderella City Shop- ping Center. Mr. Barry Cohen waa a pre-scheduled visitor also but was unable to attend. COUNCILMAN WILLIAMS MOVED TO GRANT THE TRANSFER OF A HOTEL/RESTAURANT LICENSE FOR LORD BYRON ENTERPRISES, INC. D/B/A LORD BYRON'S RESTAURANT FORMERLY FREDDIE FUDD'S AND ZUIDER ZEE FKOM WARD BAKING, INC. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Smith, Taylor. None. I March 20, 1978 Page 3 The Mayor declared the motion carried. * * * * * * Pre-acheduled viaitor, Danny E. Sheya, was not present to discuss his request for a 3.2 beer license -consumption on the premises -for DJ Enterpriaes d/b/a The John, 90 West Belleview. City Manager McCovn presented a letter from the Director of Finance Jamee requeating the item be withdrawn from the agenda because Mr. Sheya had called late Monday afternoon stating the doc\Dllent he had promiaed would not be ready for presentation to Council. COUNCILMAN MARR l«>VED TO POSTPONE THIS REQUEST FROM MR. DANNY SHEYA URTIL THE NEXT REGULAR COUNCIL MEETING ON APRIL 3, 1978. Councilman Williama seconded the motion. Upon a call of the roll, the vote reaulted ae follow•: Ayea: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Smith, Taylor. None. '11le Mayor declared the motion carried. * * * * * * Pre-acheduled visitor, Gerri Von Frellick was not present. In Mr. Von Frellick'a place, Larry Nowacki, 2553 s. Lincoln Street, Denver, appeared before Council and spoke on behalf of CONSENSUS on the subject of the flood plain ordinance. Mr. Nowacki requested Council to allow aome citizens who were with him to speak on this matter. COUNCILMAN MANN MOVED TO LET THE PEOPLE DISCUSS THIS MATTER FOR A PERIOD OF THREE MINUTES EACH. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williama, Weber, Smith, Taylor. Nays: None. The Mayor declared the motion carried. Barbara Holthouae, 3483 S. Acoma, appeared before Council and urged Council to conaider accepting Alternate #5 for flood con- trol of Little Dry Creek. March 20, 1978 Page 4 Ma. Holthouse and the Council discussed the flood plain ordinance and Alternate 15 and how the two relate. Larry Nowacki stated there were no other people wishing I to speak to the Council and concluded his presentation informing the Council that Mr. Len Griffin of Guya and Dolle on South Broad- way was not present but wanted the Council to know that he was very concerned about the flood plain ordinance. * * * * * * Mayor Taylor aaked if there were other visitors wish- ing to speak to Council on any subject. Marten Lathrop, 3259 S. Clarkaon, appeared before Council and stated he baa been asked by Maida Navia, Executive Director of Interfaith Taak Force, to invite the Council and other citizens of Englewood to join in the walk on April 30th and to sponsor any of the participants. Mr. Lathrop stated the walk is for 25 miles or 30 kilometers. * * * * * * Mayor Taylor introduced and welcomed Mrs. Marcia Nelson reporter from the newly founded newspaper, "Englewood Independent". Mrs. Nelson thanked Mayor Taylor for the recognition and stated the newspaper's first issue would be Wednesday, March 22, 1978. * * * * * * "Conmunications -No Action Recomnended" on the agenda were received: (a) (b) (c) (d) Minutes of the Board of Adjustment and Appeals meeting of February 8, 1978. Memorandum from the Director of Public Works to the City Manager concerning Paving District No. 24. Memorandum from the Director of Public Works to the City Manager concerning a revised schedule of Paving District No. 25. Memorandum from Councilman Weber and Manager Mccown concerning their attendance at the Annual Congressional-City Conference in Waahington, D.C. March 5 -7, 1978. Councilman Mann complimented Councilman Weber and City Manager Mccown on the report they submitted. March 20, 1978 Page 5 Councilman Smith referred to the memorandum from the Director of Public Work• concerning a revised schedule of Paving District No. 25. Councilman Smith discussed the ordinance which created Paving District No. 25 and the criteria used to delete some of the streets. Councilman Smith stated that some of the streets were deleted baaed on protest petitions and it would be only fair to delete 3200 S. Delaware and 4100 S. Elati for the same reason. Discussion ensued concerning the criteria used in de- leting aome of the streets from the Paving District No. 25. City Attorney Berardini informed Council that if additional streets are deleted from Paving District No. 25, an amendment to the ordinance could be passed. COUNCILMAN SMITH MOVED TO AMEND ORDINANCE NO. 3, SERIES OF 1978 DELETING 4100 S. ELATI AND 3200 S. DELAWARE FROM THE OR- DINANCE CREATING PAVING DISTRICT NO. 25 AND THE AMENDMENT BE INTRODUCED AS A BILL AT THE NEXT MEETING. Councilman Clayton seconded the motion. The criteria for deleting any streets in Paving District No. 25 was discussed further. Mayor Taylor recognized someone in the audience who raised his hand to speak. Maurice Jones, 5020 S. Washington, appeared before Council and stated he believed the deterioration of S. Wash- ington was not due to the elements but the continuous break- ing and eruption of water mains on Belleview. In reaponae to Mr. Jones'• statement, Councilman Smith stated he checked with the Director of Public Works on this matter, and the Director stated that the water main breakage was not directly related to the erosion. Councilman Harper agreed with Councilman Smith that the some of the streets had been deleted baaed on protest peti- tions. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Weber, Smith. Council Members Mann, Williams, Taylor. The Mayor declared the motion carried. * * * * * * March 20, 1978 Page 6 MAYOR TAYLOR MOVED TO DELETE EAST UNION AVENUE FROM PAVING DISTRICT NO. 25. Motion died for lack of a second. Mayor Taylor stated that residents of East Union Ave- nue had presented a protest petition and if streets were to be deleted baaed on petitions then it would be only fair to remove East Union Avenue, too. In reply to Councilman Weber's question, City Attorney Berardini clarified Councilman Smith's motion for an amendment to Ordinance No. 3, Series of 1978. City Manafer Mccown informed Council there would be a conflict in the tim ng concerning Paving District No. 25 should the amendment be paased. City Manager Mccown stated the staff needs to proceed ianediately to compute assessment data, etc. in order to maintain the time schedule. Therefore, City Manager Mccown stated, if Council is inclined to delete these streets from the paving district, the staff will in effect exclude the streets from the bonding information. If the amendment does not pass and the streets remain in the district, then the whole paving district will have to be reconsidered, City Manager Mccown further explained and asked Council to strongly indicate if they will delete these streets. COUNCILMAN WEBER MOVED TO BRING BACK COUNCILMAN SMITH'S MOTION. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Naya: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. The Mayor declared the motion carried. The Council rediscussed at length the reasons behind deleting some of the streets and possibly re-examining the criteria for the sake of consistency,i.e. either base the deletions upon the engineering report or the presentation of protest petitions. Mayor Taylor and Councilman Clayton stated they were in favor of leaving all the streets in the district as a step towards getting all streets in Englewood paved. Upon a call of the roll, the vote on Councilman Smith's motion requesting an amendment to Ordinance No. 3, Series of 1978 be presented to Council deleting 4100 s. Elati and 3200 s. Dela- ware resulted as follows: I March 20, 1978 Page 7 Ayes: Nays: The Mayor Council Council Taylor. declared * Members Harper, Clayton, Smith. Members Williams, Weber, Mann, the motion defeated. * * * * * City Manager Mccown presented the minutes from the Parks and Recreation Connission meeting of March 9, 1978 reconmending that the request to rename the Southwest Greenbelt in honor of Mr. John Rotolo be tabled inasmuch as this area is not a park. City Manager Mccown stated if Council desires he could get more information on the criteria used by Parks and Recreation Connission to designate a park. COUNCILMAN MANN MOVED TO POSTPONE THIS MATTER UNTIL THE NEXT REGULAR COUNCIL MEETING TO ALLOW THE CITY MANAGER MORE TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:55 p.m. The Council reconvened at 9:10 p.m. 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. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 9, SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 1 AND 2, CHAPTER 7, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO GENERAL March 20, 1978 Page 8 EXCEPTIONS FROM THE REQUIREMENT FOR SEALED, COMPETITIVE BIDS FOR PURCHASES OF CO!MODITIES, SUPPLIES, ARD EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.00). COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 9, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion. Mayor Taylor diacuaaed the part under 13-7-1 (b) (1) and atated that he had been called by an Englewood citizen who thought thia aection eliminated outside bidders. Mayor Taylor stated he interpreted thia section to mean all the firms in the City of Enflewood had a chance to bid on the itema. City Manager Mccown con irmed Mayor Taylor'• interpretation and stated that thia section exiata in the present ordinance. COUNCILMAN WEBER MOVED TO STRIKE "FIRMS WITHIN THE CITY OF ENGLEWOOD" IN SECTION 13-7-1 (b) (1). Motion died for lack of a second. Upon a call of the roll, the vote on Councilman Williams's motion resulted aa follows: Ayea: Haya: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED THAT AGENDA ITEM 7A "RESOLUTION ON LITl'LE DRY CREEK" BE MOVED UP OUT OF ORDER TO BE DISCUSSED IN CONJUNCl'ION WITH AGENDA ITEM 6B "ORDINANCE CONCERNING FLOOD PLAIN ZONING". Councilman Clayton seconded the motion. Councilman Smith stated his objection to discussing theae itema together. Upon a call of the roll, the vote resulted as follows: Ayea: Haya: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * March 20, 1978 Page 9 The first item diacuaaed waa the flood plain zoning ordinance. City Attorney Berardini reviewed the ordinance and its contents and briefly stated the poet proceedings concerning the ordinance and the time schedule for future action. COUNCILMAN WILLIAMS MOVE TO POSTPONE ACTION ON THE FLOOD PLAIN ORDINANCE UNTIL APRIL 3, 1978. Councilman Mann seconded the motion. Councilman Smith stated the Council has waited too long to make a decision and he opposed a postponement. Councilman Mann stated he was in favor of the postponement and discussed the reservations he had with the ordinance and overriding power the ordinance places on the City of Englewood by the federal government. Council- man Mann stated the ordinance would be a step backwards for the downtown area in the development process. Councilman Harper read a position paper he composed on the issues of the flood plain zoning ordinance and Little Dry Creek in which he took the stand of adopting the amendments to the flood plain ordinance and the passage of Alternative #5 for Little Dry Creek. Councilman Mann stated his opinion of conmencing work on Alternative 15 and defeating the flood plain ordinance. Mayor Taylor discussed his opinion concerning the flood plain zoning ordinance and the Little Dry Creek matter. Mayor Taylor stated enough time has been given and ample infor- mation haa been received pro and con for the Council to come to a decision. Malor Taylor continued further by stating that it is simply a rea iatic conclusion that some part of our lives are dictated by the federal government, in this case the flood plain regulations. Mayor Taylor concluded by stating he could not see any advantage to a postponement, that any developer eventually would discover this area to be in a flood plain, and the only change ia the restrictions placed on mobile homes; however, the City needs to provide some protection for those property owners to replace their property in the event of a flood as well as pro- vide the protection for developers to build in the area. Councilman Mann reiterated hie concern over the or- dinance. Councilman Mann stated the ordinance would inhibit development in the downtown area of Englewood. Councilman Mann then read a letter from First National Bank President Ed Curry. Councilman Williama withdrew hi• motion to postpone this matter until April 3, 1978. Councilman Mann refused to withdraw hie second. March 20, 1978 Page 10 Upon a call of the roll, the vote on the motion to post- pone the matter of the flood plain ordinance until April 3, 1978 resulted aa follows: Ayes: Naye: Council Members Williama, Mann. Council Members Harper, Clayton, Weber, Smith, Taylor. The Mayor declared the motion defeated. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1978 AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 22.4B, AND AMENDING CHAPTER 22.8 ENTITLED, 'FLOOD PLAIN(FP)', AND 'DEFINITIONS' RESPECTIVELY, RELATING TO THE IDENTIFICATION OF AREAS OF SPECIAL FLOOD HAZARD; AND ADOPTING BOUNDARY MAPS THEREFOR; PROHIBITING CERTAIN USES DANGEROUS TO LIFE AND PROPERTY WITHIN SAID AREAS; RESTRICTING USES HAZARDOUS TO PUBLIC HEALTH; REQUIRING THOSE USES PERMITTED IN FLOOD PLAIN DISTRICTS TO BE PROTECTED AGAINST FLOODS BY FLOOD PROOFING; REGULATING THE DESIGN AND METHOD OF CONSTRUCTION OF ALL STRUCTURES WITHIN SAID DISTRICT AND GENERALLY TO PROTECT THE PUBLIC FROM THE BURDEN OF EXTRAORDINARY FINANCIAL EXPENDITURES IN A MANNER CONSISTENT WITH REASONABLE FLOOD PLAIN MANAGEMENT AND TO PRESERVE THE WATER CARRYING CHARACTERISTICS AND CAPACITIES OF WATER COURSES BOTH NATURAL AND ARTIFICIAL FOR THE CONVEYANCE OF STORM AND FLOOD WATERS; AND DECLARING AN EMERGENCY. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 2, SERIES OF 1978 ON FIRST READING INCLUDING THE LETTER FROM RICH WANUSH DATED MARCH 15TH INCORPORATING THE CHANGES IN THE ORDINANCE. Councilman Harper seconded the motion. Councilman Mann spoke again in opposition to the passage of the flood plain ordinance. Councilman Mann discussed the reasons behind his opposi- tion symbolizing the action as "nailing the lid down on the black wooden coffin" for the downtown area of Englewood. Councilman Weber stated that the area should be acknow- ledged as a flood plain and Council should pass the ordinance until Little Dry Creek is built. March 20, 1978 Page 11 Councilman Clayton stated he was in favor of the ordinance becauae it protect• the City in the interim and the Council should face the real problem. Councilman Williams stated he could not reconcile whether or not the ordinance would deter development in the comnunity. Councilman Smith agreed with Councilman Weber on a flood plain that needed to be recognized and added that a business can not get a loan without the flood plain ordinance in effect. Councilman Mann conmented that Cinderella City was developed as well as several other businesses before the City established a flood plain ordinance or a flood plain area and the businesses will go outside the area and move into the residential areas if the or- dinance ia passed. Councilman Harper stated he would not support the ordinance if he thought it would stop development; however, he thought this waa not so. In response to Councilman Mann's question, City Manager Mccown explained the definition of the flood plain map and how the ordinance refers to it. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Weber, Smith, Taylor. Council Members Williams, Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 24, SERIES OF 1978 A RESOLUTION ADOPTING ALTERNATIVE NO. 5 RELATING TO IMPROVEMENTS TO LITTLE DRY CREEK. COUNCILMAN HARPER MOVED TO PASS RESOLUTION NO. 24, SERIES OF 1978. Councilman Clayton seconded the motion. COUNCILMAN WEBER MOVED TO AMEND RESOLUTION NO. 24, SERIES OF 1978 BY DELETING IN THE SEVENTH PARAGRAPH STARTING WITH THAT, THE WORDS FOLLOWING "INCLUDE"; AND ADD THE FOLLOWING -"AN OPEN GRASSLINE CHANNEL FROM CLARKSON STREET TO THE INTAKE OPENING OF THE EXISTING CONCRETE CONDUIT AND THAT THIS ALTERNATE INCLUDE AN OPEN March 20, 1978 Page 12 GRASSLINE CHANNEL EXTENDING FROM THE OUTLET OF THE EXISTING CON- CRETE CONDUIT RUNNING TO THE PLATTE RIVER". Councilman Harper seconded the motion. Council discussed the advantages and disadvantages of leaving the area in a graaaline channel. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Harper, Mann, Weber. Council Members Williama, Smith, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * COUNCILMAN WEBER MOVED TO AMEND RESOLUTION NO. 24, SERIES OF 1978 BY ADDING TO THE SEVENTH PARAGRAPH AFl'ER THE WORD "AND" THE FOLLOWING -"THAT THIS ALTERNATE INCLUDE AN OPEN GRASSLINE CHANNEL EXTENDING FROM TH! OUTLET OF THE EXISTIIG CONCRETE CONDUIT RUNNING TO THE PLATTE RIVER". Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counci 1 Members Harper, Clayton, Mann, Weber, Smith, Taylor. Nays: Council Members Williama. The Mayor declared the motion carried. * * * * * * In response to Councilman Smith's request, Mayor Taylor directed the Clerk to enter into the record the receipt of a letter concerning Alternate 15 for Little Dry Creek from the Board of Education dated March 20, 1978. Councilman Harper expressed his desire that the Council coumunicate with the Board of Education on Council's willingness to work with them on this project. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Smith, Taylor. Council Member Weber. March 20, 1978 Page 13 The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a rece•• at 10:55 p.m. The Council reconvened at 11:10 p.m. Upon a call of the roll, the following were preaent: Council Member• Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. Abaent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO DIRECT THE CITY MANAGER TO SET UP A TENTATIVE TIME FRAME ON ALTERNATE IS AND TO PRESENT IT TO COUNCIL ON APRIL 17, 1978. Councilman Williama seconded the motion. Councilman Weber suggested that a Council member assist the staff in exploring available funding on this project. Upon a call of the roll, the vote reeulted as follows: Ayes: Naye: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LARD AT 1451 WEST TUFTS AVENUE IR THE CITY OF ENGLEWOD, STATE OF COLORADO, FROM R-1-C SINGLE FAMILY RESIDENCE, TO 1-1, LIGHT INDUSTRIAL AND AMEND- ING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN OR- DINANCE OR FIRST READING. Councilman Harper seconded the motion. Mayor Taylor etated the public hearing on this matter was eet at a previous meeting and the date set was April 10, 1978 at 7:30 p.m. March 20, 1978 Page 14 Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. 'nle Mayor declared a motion carried. * * * * * * RESOLUTION NO. 25, SERIES OF 1978 A RESOLUTION ACKNOWLEDGING RECEIPT OF A PETITION FOR ANNEXATION OF AREA TO THE CITY OF ENGLEWOOD, COLORADO, AND SETTING A DATE FOR HEARING ON THE ANNEXATION REQUEST. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1978 AND SET THE PUBLIC HEARING ON MAY 8, 1978 AT 7:30 P.M. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 26, SERIES OF 1978 A RESOLUTION ACKNOWLEDGING RECEIPT OF PETITIONS FOR ANNEXATION OF AREA TO THE CITY OF ENGLEWOOD, COLORADO, AND SETTING A DATE FOR HEARING ON THE ANNEXATION REQUEST. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 26, SERIES OF 1978 AND SET THE PUBLIC HEARING FOR MAY 8, 1978 AT 7:30 P.M. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nay•: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * March 20, 1978 Page 15 RESOLUTION NO. 27, SERIES OF 1978 A RESOLUTION RELATING TO THE ENGLEWOOD MUNICIPAL COURT. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 27, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a memorandum from himself to the Council concerning the Simon Center basement and a draft on a tentative agreement and the related ordinance. COUNCILMAN WILLIAMS MOVED TO POSTPONE THIS MATTER UNTIL THE COUNCIL MEETING ON APRIL 3, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented an agreement between the City of Englewood and Rampart Investments Corporation and Brooke Banbury. City Attorney Berardini stated the area involved is the location of three water reservoirs on South Clarkson. City Attorney Berardini stated modifications in the agreement affect the landscaping and fencing of the property; the construction of a tennis court on the largest tank and a twenty year lease. COUNCILMAN CLAYTON MOVED TO APPROVE THE AGREEMENT AS PROPOSED BETWEEN THE CITY OF ENGLEWOOD AND RAMPART INVESTMENTS CORPORATION. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. March 20, 1978 Page 16 Nays: The Mayor RESOLUTION NO. 28, None. declared the * * * SERIES OF 1978 motion carried. * * * A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager Mccown stated this resolution provides for the purchase of the private telephone system and the planting of a Rose Garden at the Simon Center. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 28, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorand\DD from himself to the Council concerning proposed House Bill 1006 relating to municipal condemnation of water rights. City Manager Mccown stated the Colorado Municipal League opposes this proposed bill and has requested Council to do the same. COUNCILMAN SMITH MOVED THAT COUNCIL SUPPORT THE COLORADO MUNICIPAL IN SUPPORTING THE DEFEAT OF HOUSE BILL 1006. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorand\DD from the Director of Engineering to the City Manager concerning a con- ceptual report on a proposed recycling program for Littleton and Englewood I I March 20, 1978 Page 17 COUNCILMAR SMITH MOVED TO DIRECT THE CITY MANAGER TO CONTINUE TO NEGOTIATE WITH THE CITY OF LITTLETON IN REGARD TO THE ENGLEWOOD RECYCLING PROGRAM PROPOSAL AND THAT THE COUNCIL APPROVES THIS IN CONCEPT ORLY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manafer Mccown presented a memorandum from himself concerning an addit onal centrifuge for the Bi-City Wastewater Treatment Plant. COURCILMAR SMITH MOVED TO EXEMPT THE CITY MANAGER FROM GOING OUT ON BIDS FOR THE CENTRIFUGE AND THE THICKENED WASTE SLUDGE PUMP IN REGARDS TO THE BI-CITY WASTEWATER TREATMENT PLANT. Councilman Mann seconded the motion. Councilman Clayton stated he opposed this method of action and atated more information should be available before such a purchase ia made. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. Council Members Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from Tom Gibson, Chairman of the Water and Sewer Board concerning Supplement #8 Valley Sanitation District. City Manager Mccown stated Mr. Gibson is requesting that action on Supplement #8 be postponed until an agree- ment between Valley District and the Board is completed. COUNCILMAN WILLIAMS MOVED TO POSTPONE THIS ITEM INDE- FINITELY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Smith, Taylor. March 20, 1978 Page 18 Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO EXTEND FIRE PROTECTION FOR THE PROPOSED ANNEXATION AREA ALONG SOUTH SANTA FE UNTIL MAY 8, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clarton, Mann, Williams, Weber, Smith, Tay or. None. The Mayor declared the motion carried. * * * * * * Councilman Weber announced the meeting of DRCOG on Wednesday, March 22, 1978 at 7:30 and requested the Council to attend. Councilman Weber stated the agenda contains the re- consideration of projects for the I-470 funds. There being no further business, Mayor Taylor adjourned the meeting at 12:00 a.m.