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HomeMy WebLinkAbout1975-01-06 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 6, 1974 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 6, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Rev. Fred Hahn, Immanuel Lutheran Church. The Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor asked for a roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director of Utilities Carroll Deputy City Clerk Johannisson * * * * * Councilman Sovern asked that the portion of the minutes of the previous meeting on page 5, paragraph 6, which reads "Councilman Sovern stated that the sales tax derived from alcoholic sales should support the general needs and not the special needs of the businesses" should read "Councilman Sovern stated that the sales tax derived from alcoholic sales should support the special needs and not the general needs of the businesses". COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF DECEMBER 17, 1974, WITH ONE CORRECTION. Upon the call of the roll, the vote resulted as follows: I I I I Meeting of January 6, 1975 2 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mayor Taylor introduced Karl Nollenberger as the new Assistant City Manager. * * * * * Mr. Harold Rust, Englewood District Manager of the Public Service Company, presented the Public Service Company franchise tax check for the fourth quarter of 1974, in the amount of $51,000. He stated that the adjusted payment would be made in the first quarter of 1975. * * * * * Mr. M. M. Summers, 3140 So. Delaware Street, was present to discuss liquor licenses. He stated that the City Council should decide on a limit of the number of liquor license outlets that are in Englewood. He felt that we currently have enough liquor outlets and should not approve the GEM application. He continued to say that Englewood is the wettest city proportionately in the north part of the state and related many of the problems involved with liquor. It was reiterated that because he was not able to be present at the public hearing on December 17th these comments could not be entered as a part of that public hearing. * * * * * Mr. Peter Heye, a representative of the firm of Henningson, Durham, Richardson, Inc., consulting engineers, was present to discuss the bid information on the Bi-City Treatment Plant. He presented a detailed report to the Council involving the FMC protest in order to comply with the EPA protest require- ment. Mr. Heye stated that in HDR's evaluation of the bid information, FMC's proposal was irregular and failed to abide by the bid requirements. FMC lodged a protest because in their opinion they felt that their bid was lower than the bid accepted by Air Products. Meeting or January 6 , 1975 J Mr. Heye stated that with the information now available that it was up to the cities to file an answer to the protest with the EPA. Councilman Clayton asked several questions of Mr. Heye regarding the protest of the bids made by FMC. Mr. Heye responded saying that Air Products, in their opinion, was the low bidder and he added that Union Carbide did not enter a protest. Councilman Clayton asked whether it was unusual that the FMC and the Air Products bids were the same in the Centric bid. Mr. Heye stated that possibly it was a little unusual that the bids were the same in the Centric bid, but that in evaluating the overall systems proposed by both companies, the Air Products bid was considered t o be the lowest. Councilman Brown asked if there was anything in the report to tell why the FMC is not a responsible and responsive bidder. Mr. Heye stated that each bidder was asked to give the annual power usage for the project, and in HDR's determination FMC violated the contract by not properly meeting specifications. Councilman Brown stated that he had had a conversation with FMC representative who stated to him that the point in question involved only a small power unit. Councilman Brown asked City Attorney Berardini about the timetable for the awarding of the contract and for the sale of the bonds and possibly the need for an ordinance to complete this contract award. City Attorney Berardini stated that the sale of the bonds and the awarding of the contracts are two separate areas of consideration and that ordinances would be needed ror both decisions. Councilman Sovern asked when bids were considered to be irregular and considering that if there were no irregularities, who would be the low bidder. Mr. Heye stated that the decision on the irregularities were made after analysis of all the bids and that if there were no irregularities in the bids, FMC would have been the low bidder. Councilman Jones pointed out that referring to page 9 of the report FMC would be the low bidder if the bids were properly adjusted. Mr. Heye responded to Councilman Clayton's question regarding their business with the two firms by saying that HDR has, in fact, worked with both firms in the past. Councilman Sovern asked if using adjusted data was permissable. Mr. Heye stated that it was not, in their opinion, a good business practice to begin accepting adjusted bids. I I I I Meeting or January 6, 1975 4 City Manager Mccown asked what would happen if the 60-day bid limit on granting the bid was exceeded. Mr. Heye stated that the contractor in this case does not have to hold the bid and likewise, the sub-contractors do not have to hold the bid. This would leave the contract open for a complete re-bidding. Councilman Brown stated that he felt that he had done nothing unethical in talking with the FMC representative. Councilman Clayton stated that in his conversation with FMC he felt that he, too, had done nothing unethical. Mayor Taylor stated that a proposed joint study session bad been set with the City ot Littleton on January 8th at 3:30 P.M. This would be, of course, with the approval of the City of Littleton. He requested that HDR be present at this study session. Richard Weber, Operations Manager for FMC, located at J999 So. Mariposa in Englewood, appeared before Council. Mr. Weber stated that in FMC's opinion they were the low bidder because they did, in fact, follow the HOR definition of motor nameplate power as specified on the bid specifications and that Air Products did not follow the specifications and used less than the 75% motor nameplate power as specified. In response to several questions, Mr. Weber stated that FMC has several oxygen systems presently in service in several places around the country and around the world. There are two located in the Denver Metro area, and in Ketchikan, Alaska, as examples. Mr. Ray Langslat, a representative of Air Products from Allentown, Pennsylvania, was present to discuss the oxygen system b id. He stated that the Air Products bid would cost less to install. He also stated that l'MC does not have any plants in operation like the plant that has been proposed. He also stated that FMC does not build their own equipment. When asked if Council should decide to override the HOR decision, would Air Products protest the award, Mr. Langslat replied in the affirmative. Mr. Weber from FMC responded to an earlier statement that FMC does not have in operation any plants like those proposed. He said FMC does have two systems in operation, both located in the Denver area, and he invited several parties to come visit the operation. * * * * * Meeting of January 6, 1975 5 Mr. Walt Imhoff ot the firm of Hanifen, Imhoff and Samford was present to discuss the financing plans for the Bi- Ci ty Waste Water Treatment Plant. or the total cost or the project or $23,000,000, I Sl,550,000 would have to be financed by the City or Englewood. He presented the schedule tor the bond bidding. He complimented the City or Englewood start tor the fine cooperation which he had received in the process or deciding on the financing. He also complimented Englewood on the fine financial standing which · they have. Mr. Imhotr stated that of the Series 1962 bonds which are currently outstanding, these bonds will be retired in 1980. The proposed bonds would be eligible for retirement in 1990. They also would have a no-penalty clause for retirement earlier in 1984. He also said that there was a possibility that these bonds could be refunded as early as 1976. * * * * * Mayor Taylor stated that because of time they would like to skip to a portion or the City Attorney section of the agenda relating to the health therapy ordinance. City Attorney Berardini reported that the current ordinance prohibits bi-sexual massage. There have been two decisions, in the states or Tennessee and Texas, that hold that this provision is not constitutional and that he would re-draft our ordinance if so desired. He stated that the bi-sexual massage is the only part of the ordinance which would be considered unconstitutional. COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION DIRECTING THE CITY ATTORNEY TO DRAW UP AN AMENDED ORDINANCE REGULATING MASSAGE PARLOR PRACTICES. THE ORDINANCE WOULD BE AN EMERGENCY ORDINANCE. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mayor Taylor asked that the Council consider Section 4B of the agenda relating to a memorandum from the Director or Public Works regarding the installation or pedestrian crossings. I ,, I Meeting or January 6, 197' 6 Mr. Sam Arrell, 4845 So. Huron Street, appeared before Council. He spoke on the need tor trattic control on Huron Street at Chenango. He asked that instead or having pedestrian cross- walks, the Council consider having a full synchronized stop light at that intersection. Councilman Mann asked City Manager Mccown what the difference in cost would be to put a full signal in at that intersection. City Manager Mccown stated that he felt that the cost would be somewhere around $9,000. Mr. Arrell related his concerns for the children of the area having to cores the street in order to get to the new greenbelt area. He also requested that Council consider the possibility of putting in a pedestrian walk light at the inter- section of Broadway and Chenango. This would assist the children to cross the street who are going to All Soule School. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION AUTHORIZING THE INSTALLATION OF A FULLY SYNCHRONIZED TRAFFIC LIGHT AT THE INTERSECTION OF HURON AND CHANANGO. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Maurice Merlin, 3688 So. Sherman Street, appeared before Council. He stated that in the Bi-City Treatment Plant bids, it really was not too unusual for two companies to come in with the same bid. This is acceptable under current bidding practices. He stated that several people in the newspaper had said that he was against the budget and the new mill levy increase. He stated that he was not against the budget, nor was he against the mill levy increase if it was used for purposes like the new firemen which were recently hired. * * * * * Mr. Del Miller, 3020 So. Marion Street, appeared before Council to discuss the new mill levy increase. He stated that he was not in favor of the mill levy increase and could not accept the reasoning that went behind it. He criticized the City for high spending, indicating that the salaries or many people on the City payroll were much too high. He felt that the Public Works Director should be present at the Council meeting in order to give the City's story on the Bi-City Treatment Plant. He stated that eetin~ or January 6, 1975 7 when the bids exceed 5% plus or minus, that the City should be asking many more questions regarding the bids, and, in ract, under the circumstances not accept the bids. City Manager Mccown stated ~hat, regarding the bidding ·•· of the new Bi-City Sewer Treatment Plant, HDR was hired to give the City the expertise which they did not have available in their own public works department in developing a good solid contract. He also stated that Kells Waggoner was not present at tonight's meeting because he was ill. Mayor Taylor stated that we need citizen comments like Mr. Miller's in order to bring this type or information before the City Council. He said that the City Council is continually ·valuating the budget. * * * * * Mayor Taylor declared a recess at 10:00 P.M. Council reconvened at 10:18 P.M. Upon the call or the roll, the following were present. Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None * * * * * Mayor Taylor asked that the Council move to item 6B on the agenda, relating to the liqu or occupational tax. In response to Assistant City Manager Nollenberger's memorandum, it was decided to hold a study session on alcoholic rehabilitation. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE CONSIDERATION OF THE ORDINANCE AND BILL FOR AN ORDINANCE RELATING TO LIQUOR OCCUPATIONAL TAXES UNTIL AFTER THE STUDY SESSION. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. I I I Meeting or January 6, 1975 8 A special Council study session was established for Monday, January 13th, at 5:00 P.M. to consider the liquor occupational tax and alcoholic rehabilitation and to consider the sewer contract bids. A special call to the Council was made for Monday, January lJth, at 7:00 P.M. at the City Hall. * * * * * The following communications were received for the record. Minutes of the Police Pension Board meeting of December 27, 1974. City Attorney Berardini was asked whether the Board had the authority to establish terms for its members. Mr, Berardini stated that the trustees of the Board have no term, but that it may set a term ot ottice tor its members. Councilman Clayton felt that the terms of the Board members should be two years and that this is needed to provide balance in this decision-making Board. It was decided to consider this subject in a Council study session. Report from the Chief of Police, J. L. Clasby, on his attendance at a Training Conference "New Systems in Law Enforce- ment and Criminal Justice" in Phoenix, Arizona. Transmittal or the 1975 Budget. Report from the Assistant City Manager concerning long term debt and other commitments or the City. Memorandum from the Assistant City Manager to the City Manager concerning the volunteer fire department budget for 1975. Mailgram to Mayor Taylor from the National League of Cities concerning the Fair Labor Standards Act. Report from the Assistant City Manager to the City Manager concerning sales and use tax revenues for 1974. Councilman Mann commented that actually the City is not in such bad shape as might be indicated by the report, in that we increased our revenues over last year even though we did not meet our budgeted revenues. * * * * * Council received a recommendation from the Planning and Zoning Commission on the vacation or South Lipan Street north of West Dartmouth Avenue. Meeting or January 6, 1975 9 Assistant City Manager Nollenberger made a presentation showing the area to be vacated and that area which was not to be vacated. He stated that a JOO toot section Just north or Dartmouth would remain a dedicated street. INTRODUCED AS A BILL BY COUNCILMAN JONES. A BILL FOR AN ORDINANCE VACATING A PORTION OF SOUTH LIPAN STREET LYING AND BEING NORTH OF WEST DARTMOUTH AVENUE WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE VACATING A PORTION OF SOUTH LIPAN STREET NORTH OF WEST DARTMOUTH AVENUE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None he Mayor declared the motion carried. * * * * * Council received a memorandum from the Director of Public Works regarding the installation of pedestrian crossings. Mayor Taylor stated that they would consider the other part of the request regarding installation of pedestrian crossings a t South Clarkson and East Eastman and at the intersection of West Tufts and South Elati Street. City Manager Mccown stated that funds are available and budgeted for the pedestrian crossings at these two locations. COUNJILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTI ON TO APPROVE THE INSTALLATION OF PEDESTRIAN SIGNALS AT THE INTERSECTION OF SOUTH CLARKSON AND EAST EASTMAN AND THE INTERSECTION OF WEST TUFTS AND SOUTH ELATI STREET. Councilman Mann stated that he was not in favor of the light system proposed at East Eastman and South Clarkson and wants to separate these votes. City Manager Mccown stated that he had contacted the Police Department and in their traffic survey the police had indi c a t ed that these were the types of lights that would be acceptable at these two locations. I I I I Meeting or January 6, 1975 10 Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayto n, Taylor. Nays: Council Member Mann. Absent: None The Mayor declared the motion carried. * * * * * Council received a memorandum from the Director of Finance and the Purchasing Agent concerning the awarding or bids for fencing along the South Storm Drainage Basin. Mayor Tayl or stated that this item had been tabled at be last meeting in order to get a fuller explanation and a map of the area in question. Councilman Clayton asked it any consideration had been given to additional fencing or guards along a portion or the street as a safety device. City Manager Mccown stated that consideration had not been given. He did say that the project was needed at this time to separate the public from the private lands, in order to discourage young children from going through private property along this area. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT THE BID FROM CAPITAL FENCE AND INSTALLATION FOR $9,521, WITH THE PROVISO TO CONSIDER COUNCILMAN CLAYTON'S SUGGESTION REGARDING ADDITIONAL SAFETY DEVICES AT GALAPAGO. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: Council Member Taylor. Absent: None The Mayor declared the motion carried. * * * * * Council received a memorandum from the Assistant City Manager, Director of Parks and Recreation, and Purchasing Agent concerning the awarding of bids for tree beautification in the Broadway medians. 472 Meeting of January 6, 1975 11 COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A OTION TO ACCEPT THE BID FROM NURSERIES, INC. FOR $4,595.50 FOR TREE BEAUTIFICATION OF THE BROADWAY MEDIANS. Mayor Taylor stated in the discussion that there had been no recent adverse comments from the merchants along South Broadway. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * A memorandum from the Assistant City Manager, Karl Nollenberger and the Personnel Director, Rich Lorig, stated that the City of Englewood was eligible for a $50,000 grant from the Federal government to employ persons in an attempt to alleviate the present unemployment crisis in the country. These funds are to be used furing the first six months of 1975. City Manager Mccown stated that the City commitment at the end of this six- month period would depend upon the City revenues at the end or the six months. It was stated that the City could not fill part-time positions, but could till full-time permanent positions. The positions which would be available for filling would be those that are unfilled by resignation, or those that are presently authorized but have not filled. Mayor Taylor stated that this Act is the one that was recently signed by President Ford. COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT A $50,000 GRANT TO BE USED FOR EMPLOYMENT PURPOSES. COUNCILMAN CLAYTON MOVED AN AMENDMENT TO THE MOTION WHICH WOULD GIVE PRIORITY TO POLICE AND FIRE VACANCIES. There was no second. Upon the call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: Council Member Clayton. Absent: None The Mayor declared the motion carried. * * * * * I I II I Meeting of January 6, 1975 12 Council received a memorandum from the Director of Public Works to the City Manager concerning the City ditch crossing at Oxford. The memorandum asked that tunds be appropriated to install a siphon in the gate valve at the crossing or the City ditch, the estimated cost being $5,000. This installation would allow the City to lower the crest or Oxford hill by approximately seven feet, providing some sight distance for traffic access from Huron Street. Councilman Sovern expressed his concern over the dangers of siphons in that small children can be caught inside and can be easily killed. He recommended that a protective grate be included in this project. Director ot Utilities Carroll stated that Cherry Hills Country Club and one other user has water rights to the ditch. He also stated that cutting down of the Oxford hill would hinder the current Denver water main in the street. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE THE RECOMMENDATION TO INSTALL A SIPHON AT TH! CITY DITCH CROSSING AT OXFORD, TO INCLUDE A PROTECTIVE GRATE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Mayor Taylor stated that next year the Council should consider the cutting down of Oxford hill because it is a tremendous danger to traffic and people below the hill. City Attorney Berardini stated that a City ditch license agreement would be needed to carry out the installation or the siphon project. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO REFER TO THE WATER AND SEWER BOARD A REQUEST FOR A LICENSE AGREEMENT TO INSTALL A SIPHON AT THE CITY DITCH AT OXFORD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Meeting or January 6, 1975 13 Council received a memorandum from the Assistant City anager to the City Manager concerning the selection of the auditor for the 1975 financial audit. Of concern was how to handle the completion or the 1974 audit. Three alternatives are available. 1. Van Schooneveld .• and Company could be retained; 2. Shepherd and Company could be retained; 3. Van Schooneveld and Shepherd could be retained as i contracted ror completi on or the audit. City Attorney Berardini stated that because or the breakup or the firm, the contract for the balance or the 1974 audit was now null and void. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONTINUE TO RETAIN VAN SCHOONEVELD, SEHPHERD AND COMPANY FOR THE BALANCE OF THE 1974 AUDIT. Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN. BY AUTHORITY ORDINANCE NO. 1, S!RI!S or ll AN ORDINANCE AMENDING SECTION 2, CHAPTER 6 , TITre XIII OF TH! 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO TH! INV!STMINT OF OPERATING AND SPECIAL FUNDS OF THE CITY, SECURINO OF D!POSITS AND A DISTRI- BUTION OF THE INTEREST INCOME. (Copied in full in the Official Ordinance Book.) COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE ORDINANCE NO. 1, S!RI!S OF 197,. Upon the call or the roll, the vote resulted as tollowa: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * I I I Meeting of January 6, 1975 14 INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 8, CHAPTER 1, TITLE XI, OF THE 1969 E.M.C., CREATING A SPECIAL FUND FOR POLICE OFFICERS' PRE-RETIREMENT BENEFIT. (Copied in full in the Official Ordinance Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 2, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. 3, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 9, CHAPTER 1, TITLE II OF THE 1969 E.M.C., CREATING A SPECIAL FUND FOR FIREFIGHTERS' PRE- R!TIR!MENT BENEFIT AND ADDING SECTION 10, CHAPTER 1, TITLE II PROVIDING FOR A SPECIAL FUND FOR THE VOLUNTEER FIREFIGHTERS' PENSION FUND. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE ORDINANCE NO. 3, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * eeting or January 6, 1975 15 RESOLUTION NO. 1, SERIES OF 1975 A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, TO APPROVE THE WHOLE COST OF THE IMPROVE- MENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE I CITY OF ENGLEWOOD, COLORADO; TO APPROVE AND CONFIRM THE APPORTION-; MENT OF SAID COSTS AND ORDERING PUBLICATION AND MAILING OF NOTICE ; THEREOF TO THE OWNERS OF PROPERTY TO BE ASSESSED WITHIN THE DISTRICT; AND TO APPROVE THE COMPLETION OF SAID DISTRICT. (Copied in rull in the Orficial Resolution Book.) Councilman Mann inquired as to how these costs were arrived at. City Manager McCoYn stated that the unit cost was allocated on a proportional basis to the property owners. Councilman Mann and City Attorney Berardini discussed the financing and paying for sidewalk and paving districts. Councilman Clayton expressed his concern for the size of the assessments and the effect on homeowners who are on fixed or limited incomes. He asked the City Attorney if there was any way around making variances for payments that these types of people would have to pay. City Attorney Berardini stated that there wasn't any way to get around it, that all individuals would have to be treated equally. He stated that the sidewalk district could be assessed on a 10-year basis instead of a 5-year basis, but that it was a matter of what was put in the resolution. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE RESOLUTION NO. 1, SERIES OF 1975 WITH ONE EXCEPTION, THAT IS TO CHANGE THE TOTAL TIME FOR THE PAYMENTS TO BE MADE FROM 5 YEARS TO 10 YEARS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * RESOLUTION NO. 2, SERIES OF 1975 A RESOLUTION DESIGNATING CERTAIN REAL PROPERTY AS BEING REQUIRED FOR A MULTIPLE-USE RECREATION FACILITY, AND AUTHORIZING THE NEGOTIATION FOR PURCHASE OF SAID PROPERTY. (Copied in full in the Official Resolution Book.) I I I Meeting of January 6, 1975 16 COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE RESOLUTION NO. 2, SERIES OF 1975. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Attorney Berardini gave a report concerning the salary compensation differences between military and jury duty leave. The Career Service Board recommends that the military pay and the jury duty pay be handled in the same way. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO HAVE THE CITY ATTORNEY PRESENT TO THE COUNCIL AN ORDINANCE AMENDING THE CODE AUTHORIZING PAYMENT TO RESERVISTS FOR MILITARY DUTY. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Attorney Berardini stated that action would have to be taken on the GEM liquor license request in that the 30 days would expire prior to the next regular meeting. Mayor Taylor stated that they would consider it at the special meeting on January 13, 1975, as well as items covering the Bi-City Treatment Plant. * * * * * City Attorney Berardini reported on the situation existing on the two officers who were fired from duty, Officers Reynolds and Wing. The Court ordered the City to re-employ the officers. The City asked for a dissolution or the previous order, which was granted. Subsequently, the Court has dismissed the law suit. * * * * * Meeting or January 6, 1975 17 City Manager Mccown has received a letter from the United States Conference of Mayors requesting participation by the City of Englewood in the Asaociation. Mayor Taylor stated that it was not worth $600 to Join. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE THIS ITEM INDEFINITELY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown presented a resolution declaring the intent of the City to create a special assessment district, Paving District No. 22. RESOLUTION NO. J, SERIES OF 1975 A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 22, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN SAID DISTRICT. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE RESOLUTION NO. J, SERIES OF 1975. Councilman Clayton stated that possibly the Council should hold off on projects like these because there may be some problem with funding. I Mayor Taylor stated that it was his opinion that projects I such as this should be done on a continuing basis and as funds are available. By holding off on projects such as these, the projects in the future would probably cost more than the preventive mainten- ance that is being done now. Councilman Sovern stated that the 12 streets in this paving district are in an industrial area and three streets wo~ld require an overlay. If these are not done now, they would be prime candidates for complete new construction which would cost more in the future. I I Meeting of January 6, 1975 18 Councilman Clayton stated that he would vote "yes" for this resolution because it would give the public the opportunity to express their opinion. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown presented a request from property owners Joseph H. and Sylvia C. Hoffman of 855 West Stanford to purchase a certain parcel or the City land. The Council directed the City Manager to come back with a proposal and additional information on this request. * * * * * City Manager Mccown stated that Tom Burns desires to return as Englewood Associate Judge. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO REINSTATE TOM BURNS AS ASSOCIATE JUDGE FOR THE CITY OF ENGLEWOOD. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown presented the subject of the design review board and it was decided to delay discussion on this subject until a future meeting in February. * * * * * Mayor Taylor reported that he and Assistant City Manager Nollenberger had attended the Colorado Municipal League legislative meeting last week. * * * * * Meeting or January 6, 1975 19 Mayor Taylor stated that he had attended a Chamber of Commerce study session on last Saturday and will discuss the meeting in further detail at a later date. The Chamber of Commerce is having their banquet and asked the City to make arrangements as have been made in the past. * * * * • Mayor Taylor stated that the Council meetings have been lasting much too long and that if business cannot be handled much quicker and meetings end by 11:30, the Council will have to consider having three Council meetings per month, or as required. * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the meeting was adjourned at 12:50 A.M. I