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HomeMy WebLinkAbout1975-06-16 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JUNE 16, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 16, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Dr. Helen Walker, Esoteric Truth Center. The pledge of allegiance was led by Blue liird Troop No. 207. The Mayor asked for 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 Finance James Director of Community Development Supinger Deputy City Clerk Johannisson * * * * * Councilman Sovern asked ·that page 8, paragraph 16, of the minutes of the previous Council meeting, be changed as follows: "Fire suppression of the water supply capacity must be available within two years after the approval of building permits." COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE MINUTES OF THE PREVIOUS MEETING AS CORRECTED. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, lilessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Meeting of June 16, 1975 2 Mr. William D. James was introduced as the new Finance Director for the City of Englewood. . ' . * * * * * Mr. Maurice Merlin, 3688 So. Sherman Street. was I recognized. He stated that he felt that the voters of the City should be given the opportunity to decide on whether the Council members should receive increased salaries and asked that the City Council reconsider the ordinance which was defeated at a past Council meeting. He asked that the discretionary funds that the Council has at its disposal should be increased. This would eliminate the need for transferring funds from one fund to the Council fur.d, thus causing budget problems. He stated that he was for the resolution being considered later this evening that would permit the State to transfer Federal funds for the 1-470 project to mass transit. Jerry Blumenheim, 3400 So. Clarkson Street, was recognized. He stated that he is for the resolution being considered later this evening that would permit the transfer of funds from the 1-470 project to mass transit. He also stated that he is against the passage of the extension of the one cent sales tax. Mr. Maurice Jones. 5020 So. Washington. was recognized. He stated that he was for the resolution that will be considered later this evening that would permit the transfer of Federal funds for the 1-470 project to mass transit. He also stated that he felt that the extension of thi o~e ~ent siles tax should be submitted to the voters for their decision and that the Council should present plans for the use of the money to the voters. Councilman Clayton stated that he misunderstood Mr. Blumenheim and Mr. Jones' statements regarding the one cent sales tax and asked if they were, in fact, asking that the one cent sales tax be dropped now. Mr. Blumenheim stated no. Councilman Mann asked Mr. Jones if he would like to have. a public hearing on the sales tax. Mr. Jones stated that the public hearing was what he meant and not put it to a vote of the people. 1975. * * * * * The following communications were received for the record. Minutes of the Library Board meeting of June 10, 1975. Minutes of the Police Pension Board meeting of May 29, Minutes of the Planning and Zoning Commission meetings of May 13 and May 20, 1975. Meeting of June 16, 1975 3 Minutes of the Housing Authority meetings of March 25, April 2, April 24, and May 5, 1975. Financial report for the month of May, 1975. Councilman Sovern questioned the figures for page 7 in the Sewer Fund relating to the connection fees outside. City Manager Mccown stated that he would look into these figures to see if they are correct. Memorandum to Chief William Hamilton from the City Manager concerning overtime resulting from manpower shortages. Letter from Dr. Robert Brittain to Chief Hamilton concerning the paramedics program in the City of Englewood. Memorandum from the . Director of . Con111unity Development to the Assistant City Manager concerning the Department of Community Development's activities. * * * * * RESOLUTION NO. 30, SERIES OF 1975 A RESOLUTION ACCEPTING TERMS AND CONDITIONS OF ORDINANCE NO. 232, SERIES OF 1975, CITY AND COUNTY OF DENVER, COLORADO, GRANTING A PERMIT TO ENCROACH IN A PORTION OF THE PUBLIC STREET IN THE CITY AND COUNTY OF DENVER, KNOWN AS SOUTH PLATTE RIVER DRIVE, AND ALSO ENCROACHMENT IN A PORTION OF THE CHANNEL OF SOUTH PLATTE RIVER AT YALE AVENUE (EXTENDED). (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDEU A MOTION TO APPROVE RESOLUTION NO. 30, 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. * * * * . * City Manager Mccown presented a memorandum from the Director of Parks and Recreation and the Purchasing Agent relating to the award of bids for the picnic benches and tables surrounding the mushroom kiosks at Romans Park. Meeting of June 16, 1975 4 He stated that the benches and tables involved are concrete. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE BID FOR 32 PARK BENCHES AND TABLES FROM SUN RECREATIONAL INDUSTRIES, LTD., IN THE AMOUNT OF $6,880. 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 CLAYTON. BY AUTHORITY ORDINANCE NO. 28, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 10 (a), CHAPTER 6, TITLE V, OF THE 1969 E.M.C., BY DELETING THE CLASSIFIED POSIT ·ION OF DEPUTY CHIEF AS A CLASSIFIED POSITION WITHIN THE FIRE DEPARTMENT AND INCREASING THE SALARY OF BATTALION CHIEF WITHIN SAID DEPARTMENT. (Copied in full in the Official Ordinance Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE ORDINANCE NO. 28, 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. * * * * * City Attorney Berardini introduced a Bill for an ordinance relating to the vacation of a portion of the alley in Block 4, Higgins South Broadway Heights. He stated that the City Council may wish to wait for final passage until title to the property has actually passed. I Meeting of June 16, 1975 5 INTRODUCED AS A BILL BY COUNCILMAN MANN. A BILL FOR AN ORDINANCE VACATING A CERTAIN PORTION OF T~E ALLEY IN BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. COUNCILMAN MANN MOY ED AND COUNC I LMArfl ~ROWrf :-sE'O-OND ED A MOTION TO APPROVE A BILL FOR AN ORDINANCE VACATING A CERTAIN PORTION OF THE ALLEY IN BLOCK .f~ rH'i 1GG'INSi ~Stft.ITttt "BR<fAO :\fA'f tf~IGJtffS', ::i · ENGLEWOOD, ARAPAHOE COUNTY. COLORADO. 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 Attorney Berard1n1 introduced a B111 for an Ordinance relating to the extension of the one cent sales tax. Councilman Sovern stated that he felt that the Bill should include two things. 1. Provisions for a public hearing, and 2. An itemization of the projects for which the funds would be utilized. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE CONSIDERATION OF A BILL FOR AN ORDINANCE FOR EXTENSION OF THE ONE CENT SALES TAX ·UNTIL TH~~COUNCf~~M~ETING OF JULY 7 1 1975, AND CONSIDER THE SUBJECT IN .A STUDY SESSION ON JUNE 23 OR JUNE 30, 1975. Upon' the .:ca 11' ·of tRe roll!~,: tHe ~8t:e :: '.J(: resulted as follows: Ayes: Council Members Jones. Sovern, Mann, Blessing, Clayton. I Nays: Council Members Brown, Taylor. Absent: None The Mayor declared the motion carried. Meeting of June 16, 1975 6 Councilman Brown stated that he voted no because he felt that citizens should know what the Council is doing now and they would only know by having Council pass on this Bill for an ordinance at this time. Additional information would be available to the public at a public hearing. Councilman Mann said that the City Council needs more time to study this whole subject and to make the determination as to how the funds would be spent. A public hearing would be utilized at some future date to bring all this information to the public. City Manager Mccown stated that the Council has received a five year capita 1 improvement program and ~ . .,.,,numer.a.,t.1,o.n of projects that have been proposed by the department heads, and this information could be utilized effectively in project planning for the use of the one cent sales tax. * * * * * City Attorney Berardini introduced a resolution concerning a planned development known as Halcyon Heights, and gave an extensive background covering the work of the Planning and Zoning Commission and the various meetings that have taken place between the Planning and Zoning Commission and the applicants. City Attorney Berardini stated that there was some language on page 6, paragraphs 8 and 12 of the resolution which needed changing because current language would indicate that current owners of the property could be held responsible when the intent is to have Mr. Arthur Kipke and any successors only liable. · City Attorney Berardini recommended that paragraph 8 on page 6 read "Arthur H. Kipke will indemnify and hold the City of Englewood, Colorado harmless ••••• "etc., and that paragraph 12 should read "Recognizing that there are certain water rights to downstream users in the City Ditch, Arthur H. Kipke agrees that during the period of construction •••••• " etc. Mr. John Criswell, 3780 So. Broadway, attor.ney for Arthur Kipke, was introduced. He introduced proposed amendments to the resolution. The proposed changes would affect paragraphs 8, l 2 , l 7 • " . 1 ., • , , r •. . .. r -. 11 • ·, , • ·'.::" Mr. Criswell's proposed change for paragraph 8 would identify Arthur H. Kipke instead of applicant and it would further expand the current wording of .t~at .parag~aph. Mr. Criswell's change in paragraph 12 would be essentially the same as that proposed by City Attorney Berardini. Meeting of June 16, 1975 7 Mr. Cr1swell's proposed change for paragraph 17 would change the wording to indicate that the approval for this document would not become effective until such time as Mr. Kipke takes title to the above realty. A discussion between City Attorney Berardini and John Criswell ensued, relating to the legal meanings of various portions of the resolution. City Manager Mccown stated that there could be other amendments to the resolution. He called on the Director of Community Development, Jim Supinger, to further expand on paragraph 16 of page 7. Before Mr. Supinger came to the podium, it was decided to formally present the resolution. RESOLUTION NO. 29, SERIES OF 1975 A RESOLUTION CONDITIONALLY APPROVING A PLANNED DEVELOPMENT (P.O.) DISTRICT, SECTION 22.4(a), ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, FOR A PORTION OF BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ENGLEWOOD, COLORADO. (Copied in full in the Official Resolution Book.) COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE RESOLUTION NO. 29, SERIES OF 1975. f • • I ~. ' ~I •• -I . .~;" ... · ,.! I J • I • , I '. • : • ' 1 1 ; Director of Community Development Supinge~ recommended that changes in the resolution be made. Paragraph 1, page 5, to read "That Arthur H. Kipke will exercise the options to the above cf.escril>ed real estate and will acquire title to all of the realty above described, to the end that all of the same may be developed as a single development unit." He also asked for a change in paragraph 16, page 7. He asked that there be a clarification relating to the responsibility for the fire suppression and water supply capacity systems. A discussion between Councilman Mann, Councilman Jones, and Director of Community Development Supinger ensued relating to each party's responsibility for providing the necessary water supply capacity and fire suppression systems. The consensus was that the developers should be responsible for providing all on- sight capabilities and the City sh~uld be responsible for insuring that adequate mains were available to fulfill the site's needs. . I Mr. Supinger asked that paragraph 16 be changed to read as follows: "Fire suppression and water supply capacity of a size mee~ing the requirements of the Fire Chief be provided on sight and Meeting of June 16, 1975 8 connected to existing City mains prior to issuance of an occupancy permit. When additional main size is provided in a public right of way by the City, Arthur H. Kipke shall be .required to connect to that larger main within six months." · Councilman Sovern asked that paragraph ·13 be changed as f 011 0WS : " 1 ' : I " I ". '•' .' (.·" :•" . "A study shall be undertaken by the developer and approved by the City Fire Department to establish standards to provide ventilation control by the Ft.re .De1Urtment during fires." COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AMEND RESOLUTION NO. 29 AS FOLLOWS: Replace the name Arthur H •. Kipke for places in the resolution referring to applicant. Paragraph 8, page 6, "Kipke agrees to indemnify the City, and to hold it harmless, against any claim made by any third party against the City, based upon any damage incurred by such third party and resulting from the increase in storm drainage caused by the construction of the project described in that planned unit develop- ment, provided, however, that: (i) Mothing herein shall .be construed to create a liability against either Kipke or the City, and in favor of some third party, where such liability would not exist in the absence of this agreement, it being the sole intent hereof that Kipke shall indemnify, and hold the City harm- less, only from those claims which would otherwise be possessed by some third party, in the absence ;o'f '·th·i's agreement; and • I i .. ". (ii) Nothing herein contained shall be construed to impose upon Kipke liability, either to the City or to any third party, for damages caused by the runoff of water from any property not a part ~f the planned unit develop- ment, or any runoff from property which is a part of the planned unit development, save and except to the extent that construction of the project shall cause an increase in the rate of that runoff, it being the intent hereof that Kipke's liability to the City shall be limited only to claims based upon damages resulting from such increased runoff caused by such construction. The indemnification herein granted shall extend, not only to the amount of any judgment entered against the City, but al~o to all costs and expenses incurred in the defense against any such claim, Meeting of June 16, 1975 9 including attorney's fees, provided that the City shall be required to allow Kipke to defend any such claim, in the City's name, but at his sole cost and expense." Paragraph 12 should read as follows: "Recognizing that there are certain water rights to downstream users in the City Ditch, Arthur H. Kipke agrees that during the period of construction and thereafter that no acts shall be committed, and nothing done, which will impede the flow of the City Ditch or reduce its capacity to supply the rights of downstream users." Paragraph 13 should read as follows: "A study shall be undertaken by the developer and approved by the City Fire Department to establish standards to provide ventilation control by the Fire Department ·during fires." . ,· . , l "'. (' . ; Paragraph 16 should read as follows: .. . • -• 1, : . ' • r : . 1 • .., "Fire suppression and water supply capacity of a size meeting the requirements of the Fire Chief be provided on site and connected to existing City mains prior to issuance of an occupancy permit when additional main size is provided in public right of way by the City, Arthur H. Kipke shall be required to connect to that larger main in six months." · Upon the call of the roll, the vote resul~ed as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor.· Nays: None Absent: None The Mayor declared the motion carried. Upon the call of the roll, the vote on Resolution No. 29 as amended, resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. , .. 1. :·t ,',If\ Nays: None ••,'t .I . I ••I• ') f · I : ,., f . ' I ' &t ., t . . . I ·r , .. i i 11i T Absent: None The Mayor declared the motion carried. * * * * * Meeting of June 16, 1975 10 .. - A resolution was presented relating to the transfer of Federal funding for 1-470 to mass transit systems, and the following changes were proposed. Section 1 would read as follows: The City Council of the City of Englewood is on record as favoring construction of 1-470, but finds that the Federal funds should not be lost to the region. Section 2 would be old Section 1. Section 3 would be old Section 2. Section 4 would read as follows: The City Council of the City of Englewood urges that in the event of the transfer of funds, that those funds and the then uncommitted Highway Trust Funds be used to construct alternate means of travel which in addition to mass ·transit, would include the Santa Fe Drive and u. s. 285 corridor. RESOLUTION NO. 31, SERIES OF 1975 : ' ' ': ~ I ~ '~ , J ,. I " A RESOLUTION SUPPORTING THE TRANSFER OF FEDERAL FUNDING FROM THE PROPOSED INTERSTATE 470 DEVELOPMENT TO ,JHE , ·:U:SE .J:O~. ~S 01:,RANS,IJ., f!• SYSTEMS. (Copied in full in the Official Resol~tion Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE RESOLUTION NO. 31, SERIES OF 1975. Councilman Blessing stated that this resolution was to encourage the Governor to insure that the State gets the $200 million that had been earmarked for Interstate 470. Councilman Brown gave a short explanation of the back- ground of the 1-470 resolution. 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 * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO CONSIDER COUNCILMAN JONES AND COUNCILMAN BROWN'S RESOLUTIONS AT THIS TIME. Upon the call of the roll, the vote resulted as follows: Meeting of June 16, 1975 l 1 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. RESOLUTION NO. 32, SERIES OF -197.5 . : · A RESOLUTION CONCERNING WIDENING OF SANTA FE DRIVE AND .PROVISION OF EXCLUSIVE BUS LANES ON SANTA FE DRIVE. (Copied in full in the Official Resolution Book.) ., COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 32, 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. * * * * * RESOLUTION NO. 33, SERIES OF 1975 A RESOLUTION RECOMMENDING REGIONAL TRANSPORTATION DISTRICT ACQUISITION OF PARK AND RIDE FACILITY WITHIN ENGLEWOO~ AND DESIGNATION OF PREFERRED SITE. ', 1. . ·1 (Copied in full in the Official Resolution Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 33, SERIES OF 1975. Councilman Brown stated that this resolution is being introduced in order to get the park and ride location program on the road. He felt the site location in Cinderella City would offer a good location because it was convenient to shopping, and it would eliminate the congestion being caused at Elati and Girard. Councilman Mann stated that he was for this resolution because the Dartmouth-Santa Fe area involved would be an ideal location for a combined bus-train station. He further explained the ART concept (Automated Rapid Transit) .• Meeting of June 16, 1975 12 Mr. Gerri Von _Frellick, New Englewood, Ltd., was introduced. He explained the concept of using the Shamrock Mall as a bus station and providing the employees parking lot for park and ride parking facilities. He further went on to say that this w111 be the first terminal in the RTD system and would be a step forward for Englewood. Councilman Clayton expressed his concern about eliminating the service to downtown Englewood by having the buses use Floyd Avenue instead of Girard. Mr. Von Frellick said that we are only developing the park and ride site at this time and RT.D and th'e 'tity' wou 1l<I have to determine the traffic and routing of buses at some future date. He said that this is not the time to settle ac·cess :to :the' te,rminal site. City Manager Mccown asked .about ·a clarification . of the property rights in case Mr. Von Frellick decided to change the use for the land that he is making available for the park and ride. Mr. Von Frellick said that RTD, in his opinion, would want assurance that this land would be continuously available. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AMEND RESOLUTION NO. 33, SERIES OF 1975. THE LAST PARAGRAPH SHOULD READ "Now, therefore, be it resolved that the City Council of the City of Englewood, Colorado -Approves the Dartmouth- Santa Fe location west of Cushing Park adjacent to Cinderella City and recommends that Regional Transportation District acquire and develop this site for a Park and Ride facility to serve the City of Englewood, and directs the City Manager to facilitate the actions required to implement this decision.". Councilman Clayton asked if the City Manager can act without Council approval. City Attorney Berardini stated that the City Manager is the chief administratnr and that ultimate Council action will be required in order to approve anything that he does. Councilman Sovern said that this resolution is necessary in order to get things moving on the RTD project~ ! . . Upon the call of the roll, the vote on the amendment resulted as follows: Aye~: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motjon carried. Meeting of June 16, 1975 13 Upon the call of the roll, the vote on the resolution as amended resulted as follows: Ayes: Council Members Jones, Sove~n. Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion 'carried. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO SEND A LETTER TO THE REGIONAL TRANSPORTATION DISTRICT ACCOMPANYING RESOLUTION NO. 33 STATING THAT THE CITY COUNCIL IS CONCERNED THAT THE RTD SYSTEM, AND .ESPECIALLY ROUTE NO. 3, CONTINUE TO SERVICE THE BROADWAY BUSINESS DISTRICT IN THE NORTH. Councilman Blessing stated that he felt that this motion was superfluous and that the RTD would come to Englewood for route - advice. Councilman Clayton reiterated his concern about service to the downtown Englewood area. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sove~n. Blessing, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: None The Mayor declared the motion carried. * * * * * RESOLUTION NO. 34, SERIES OF 1975 A RESOLUTION AMENDING THAT AGREEMENT BETWEEN THE CITY .OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND THE ENGLEWOOD HOUSING AUTHORITY, A BODY CORPORAT~ AND POLITIC, RELATl~G TO .THE REVOLVING REHABILITATION LOAN FUND PROGRAM. . (Copied in full in the Official Resolution Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE RESOLUTION NO. 34, SERIES OF 1975. City Attorney Berardini stated that this resolution changes the maximum asset value that individuals must have in order to be eligible for a home rehabilitation loan. Meeting of June 16, 1975 14 ' 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 Attorney Berardini named in a lawsuit filed by a Mr. the Clarkson and Highway 285 area construction of 285 in that area. needed from City Council in order SU it. stated that the City has been Andreson and other persons in claiming damages for faulty He said that authority was to pursue defense of this law- COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PROCEED WITH THE DEFENSE OF A LAWSUIT FILED AGAINST THE CITY OF ENGLEWOOD BY SEVERAL PARTIES RELATING TO FAULTY CONSTRUCTION OF HlGHWAY 285 AND CLARKSON STREET. Upon the call of the roll, the vote resulted ~s . foll.ows: ... t Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Councilman Mann asked that the following persons who are in the audience be recognized for their outstanding service to the City and their participation on the Citizens Advisory Council. They are Morey Jones, Myrtle Jones, Jerry Blumenheim• Maurice Merlin, Mrs. Virginia Dawson, Mrs. Jo Turner, and Bill Berry. Also recognized was Mrs. Fran Howard who is a proposed new member of the Council. * * * * * City Manager Mccown presented the river redevelopment schedule and outlined the proposed timing of the project. He said that the only uncertain factor in the timing was the purchase of the land. He stated that he has discussed the land purchase with John Criswell and that he would have an update at the ne~t Council meeting. ' · * * * * * I Meeting of June 16, 1975 15 City Manager Mccown presented a .memorandum from Director of Public Works Waggoner relating to hazardous side- walks existing in the City of Englewood. The memorand~m outlined several property owners who had received notice from the City to have sidewalks repaired and who. as yet. had not made the necessary repairs. Mr. Mccown stated that the onea li .st~d in the memorandum were the worst situations existing in the City -of Englewood. He also presented some pictures verifying the hazardous situations. . . ' He said that the average cost for repair was approximately $200, with the low being $65 and the high being $519& Mayor Taylor asked why the Council had to take action in a case like this, why couldn't the Public Works Department just go ahead and enforce laws that are on the books. City Manager Mccown stated that City ordinance gives the responsibility for requiring compliance with the City Council. COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TAKE ACTION TO HAVE THE CITIZENS LISTED IN THE MEMORANDUM NOTIFIED TO COMPLY WITH THE SIDEWALK REPAIRS. Several Councilmen noted that individuals in the memorandum are widows and individuals with limited incomes and requested that City Council not take such hasty action. City Manager Mccown stated that there would not .be another sidewalk district for at least another year. In answer to Mayor Taylor's question, City Attorney Berardini said that this type of project would not properly fall under the rehabilitation program because the rehabilitation program applies to structures and not to property. , COUNCILMAN CLAYTON MOVED AND COUNCILMAN MAN~ SECONDED A MOTION TO TABLE COUNCILMAN BROWN'S MOTION RELATING TO SIDEWALK REPAIRS UNTIL JULY 7 1 1975 1 AND HAVE THE C~TY STAFF INSTRUCTED TO GIVE COUNCIL INDIVIDUAL INFORMATION ON THE FINANCIAL HARDSHIPS IT WOULD CAUSE THE INDIVIDUALS CONCERNED. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: Council Member Blessing. Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown said that currently the City does not have an individual who is qualified to give expert testimony in the cases of DUI's. He asked that Council approve a trip outside of the Meeting of June 16, 1975 16 state to the Smith and Wesson Electronics Corporation, DUI course at Springfield, Massachusetts. The cost would be approximately $600 to $700. COUNCILMAN SROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A TRIP TO THE DUI SCHOOL WITH SMITH AND WESSON ELECTRONICS CORPORATION AT SPRINGFIELD, MASSACHUSETTS FOR ONE I REPRESENTATIVE FROM THE CITY POLICE DEPARTMENT. 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 said that in discussion with Council members and the Chamber of Commerce President, Pete Peterson, it was decided to send letters to merchants and tenants in the down- town area inviting them to a meeting to be held on July 1st. He stated that there will be two sessions, one at 10:00 A.M. and one at 7:30 P.M. * * * * * The City Manager outlined the Memorandum of Understanding with the Employees Association in relation to salary and benefit negotiations. He said that the Employees Association did not pass the memorandum because there were insufficient people present at their meeting. Mr. Mccown asked that the City Council go ahead and ratify the memorandum prior to ratification by the Employees Association. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO RATIFY THE AGREEMENT WITH THE EMPLOYEES ASSOCIATION. Upon the call of the roll, the vote resulted as follo~tls: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Meeting of June 16, 1975 17 Councilman Blessing stated that the Parks and Recreation Commission at their last meeting recommended that the one cent sales tax that was being considered for extension be used specifically for the parks and recreation program. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO RECEIVE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION RELATING TO THE USE OF THE ONE CENT SALES TAX REVENUES. 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. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN 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 10:15 P.M.