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HomeMy WebLinkAbout1972-08-14 (Special) Meeting MinutesI I I I CXXJNCIL awtiERS CITY OF ElQE\D)D, CDIDRAOO AOOUsr 14, 1972 SPECIAL ~IR;: The City Council of the City of Englewood, Arapahoe Comty, Colorado, met in special session on August 14, 1972, at 8 :03 p.m. The following ''Notice of Call" was read by the City Clerk. oorrra OF CALL BY 'lllE M\YOR FOR A SPECIAL SE.55100 OF nm CITY CWNCIL ~. AJ.x:;U5L' 14, 1972 8:00 P.M. The City Council of the City of Englewood, Arapahoe Co\.Ulty, Colorado, is hereby called to a special neeting at the City Hall, 3400 South Elati Street, to consider the following agenda: All item; en the attached agenda of August 8, 1972, except the public hearing to consider the rezcning of the 2800 block of South Shermm fran R-2-A (a-io family residential) to R-2-B (low density, uultiple family). f sf Stanley H. Dial STANELY H. DIAL City Manager SHD :dfl ~ OF RECEIPI' OF tCl'ICl: The foll.awing perscn, all Council Meni:>ers of the City of Englewood, do hereby a.ckrowledge re- ceipt of rotice of the above special session. /s/ Miltcn E. Senti /sf Paul Blessing Is/ Judith B. Henning I sf Elmer E • Schwab /s/ John J. Lay /s/ Dallas Dhority /s/ Howard R. Brown Mayor Senti, presiding, called the neeting to order. The invocaticn was given by Mayor Pro Ten Howard R. Brown. The Pledge of Allegiance was led by Mayor Senti. present: The Mayor asked for roll call. Upcn the call of the roll, the following were Council Meni>ers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Absent: Ncne. The Mayor declared a quorun present. Also present were: City Manager Dial Assistant City Manager McDivitt Director of Finance Nollenberger * * * * * CIX.fiCIUD1AN ~ MJVED. Cll.JNCIU1AN ~ SECXIIDED' '!HAT nm MINU'lES OF nm RmJIAR ~OF JULY 17, 1972 BE APPK>VED /tS READ. Upcn the call of the roll, the vote resulted as follows: Ayes:. Nays: Absent: Council Meubers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Nale. Ncne. The Mayor declared the llDtion carried. * * * * * ~ IH>RITY MJVED, CXXJNCIU01AN ~ SECXIIDED, '!HAT 'llIE MINlTlES OF 'lllE SPECIAL~ 00 JULY 31, 1972, BE APPK>VED /tS READ. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni:>ers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Nooe. Ncne. The Mayor declared the tn>ticn carried. 451 52 -2- Hr. Fred Hendricksen, Consul ting Engineer, was present to discuss the proposed water reservoir to be located in the vicinity of Belleview and Clarksen. He stated that the · original bids were higher than the engineer's estimate. Negotiatioos as authorized by Council were undergone to bring the cost down to $536 ,235. A few mi.nor changes were mde in specifi- cations. The original engineer's estimate was $474,000. The original low bid was that of Weaver's Constructien Conpany of $608,053. 'llle lowest Weaver Construction Conpany "'10\lld negotiate dawn was to $602 , 386. 'llle other bidder, Dugan Constructioo Conpany, could not be convinced to negotiate his bid at all. Pamer Construction Coupany is thus the reconmended low negotiated bid for the reservoir which will stand seven feet above ground. Councilman lllorlty inquired as to whether holding off constructien at this time ~ld help to produce a snaller bid in the future. City Manager Dial replied that the City would like to have this reservoir in operatioo next StmDer and the coostructien time was coming to a premiun. Mr. Henderickscn ccmnented that cost in the constructioo area were rising at the rate of 1/2 to 11 per arnth. Councilman Schwab inquired whether there was a penalty clause included in the contract for delay in constructioo. Mr. Hendericksen replied in the negative stating that we were dealing with a reputable firm and if a penalty for the delayed construction was included in the contract then there should be a balus for constructioo ahead of schedule. Mr. Penner of Penner Constructien attSipted to explain '#by the bid was higher than the engineer's esti- mate. He stated the costs of labor had increased aroord 8 l/'l7o in the recent past and it was i.Jipossible for the Ellg.ineer to forecast that large a rate. A delay in the bid award at this time would result in lost constructien time before winter in which time the construction indlstry would be involved in ar¥>ther labor rate increase. c.otmcilman Lay inJuired as to how Penner Construction mmaged to decrease their bid so auch Dl>re than other firms under negotiatioo. Mr. Penner replied that access to better priced naterials was a real factor. Councilman Lay inquired as to wilat items were deleted from the original specifications. Mr. Hendricksen replied that the roof slab was changed from a 9 inch to an 8 inch concrete slab, the asphalt loading was taken off~ and changes in the quality of the pipe in the reservoir. Councilman Schwab inquired as to wilat the bids at the opening date were. Mr. Henderickscn replied that Dugan Constructioo bid $637 ,000, Weaver Ccnstructioo bid $608 ,053, and Penner Corporation bid $572,235. Penner Ccnstructioo did not get their bid on time for the bid opening, but was available for negotiatien. Mayor Senti iBluired as to 'Nhether there were any further questions. Council- man Schwab expressed reservatioos, stating that negotiations after bids were taken hurts our st.anding with all firms. Other firm; have come in late in bids in the past who -would have been low bidder. 'llle savings in this instance are very beneficial to the City, but the procedure is extrsnely poor. City Manager Dial stated that he felt that Mr. Schwab's concern was very well fwnded; however, the Council originally rejected these bids and authorized ne- gotiations . c.ouncilman Blessing inJuired as to where the m::ney for the difference between the $474,000 estimate and the $536 ,000 bid was to be picked up. City Manager Dial replied that the Water Fund balance could bear the additional expense. Councilman Dhority stated that he did not have a good feeling about this matter in any way that as a result he -would vote against it. Councilman Lay stated that he was not in favor of the bids as returned and that he was extrsnely disappointed in the engineering finn. RESOumoo 00. 3 7. SERIFS OF 1972 ~wrroo APPIVVOC AN AGRE&INI' wrm PENNER <:mSI'Rt.JCl'IOO CDflANY FOR 'DIE <:mSTRUCI'IOO OF A SIX MIU.100 (6 ,000 ,000) GAll.00 TREATED WATER SIORAGE RE.5ERVOIR. (Copied in full in the official Resolution Book). ~Cil11AN SCliWAB MlVED, CXXJNCil11AN BI FSSIK; SECXIIDED, 'lllAT REOOWITOO 00. 3 7 , SERIF.8 OF 1972, BE APPIVVED AND AOOPI'ED. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Schwab, Heming, Brawn, Blessing, Senti. Council Meni>ers Lay and Dhority. Nene. 'llle Mayor declared the llDtion carried. * * * * * Mrs. Barbara Young, City Plarning Assistant, was present to discuss the land- scaping plans for the new Police-Fire Center. She displayed a design for landscaping for the Center ~ch included shade trees and evergreens aroord the outside. She stated that the plan was in a five-year phase developnent of which the first year cost -would be $13 ,500. Interior courtyards would be in the first phase as would sane trees and planting arourxl the outside of the b.ri.lding. She presented a slide display to the Council of sculpture and ex- pressed a desire to see sculpture aroord the Police-Fire Center in the future. I I I I I I I I -3- Councilwanan Henning stated that she acbi.red work done al the plan and the effort put into it. * * * * * CXXJNCIUD1AN HtMill¥J MMD, CXXJNCII.MAN BTFSSU«; SEcmDED, A MJl'IW ro OPm A PUBLIC HEARI?«; 'ID <mslDER A ~ FUR A 3 .2 BEER U~SE FUR K-MARI', 204 WF.Sr BELLEVIEW AVD-nJE. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: CDuncil Menbers Senti, Schwab, Lay, Henning, Dhority, BrCMn, Blessing. Ncne. Nale. The Mayor declared the tlk>tial carried. * * * * * Mr. Floyd B. Engeman, Attorney, was present al behalf of K-Mart and made a pre- sentatial to the Council. Mr. Janes Buckmaster, Manager of the K-Mart store, was also present. Proof of Notice of Public Hearing was offered as evidence by the attorney. He stated that there are five K-Mart stores in the metropolitan area and that custaners see the advertising in the newspapers for the cities as a -nole. He stated that K-Mart store has approximately 9 ,500 cust~s per week of which 80i. are~. Petiticns were circulated in the store in order to sell 3.2 beer, and 905 signatures were obtained. 'llle assistant manager of the store, as well as foor grocery clerks, were also present. To the best of the attorney's laxMledge, no objecticns have been heard. He assured the Council that all laws would be followed and a training program would be instituted. Additionally, IX> traffic problems existed in the area. Council.mm Lay ~uired as to the age of people handling the beer. Mr. Buckmaster replied that all of them were over 18. Councilllml Brown irxlui-red as to how many of the store's cust~rs are between 18 and 21. Mr. Buclcmaster replied approximately 5%. Mr. Donald Jones, co-manager of the K-Mart store, also appeared before the Council He stated that his testi.nnly would be similar to Mr. Buckmaster's. Mrs. Jenny Koufer stated that she circulated petiticns in the neighborhood and received 55 signatures al them. 'Ibree checkers at the store also circulated petiticns and appeared before the Council. Mr. Henry Salby, General Manager of the dry goods partial of K-Mart store, stated that he had no objectial to the license ap- plicatiai. Hr. Engeman stated that 397 of the signatures al the peiticns are very close to the store and desire beer in the store. 502 signatures were outside the neighborhood, but were in the trade area and also desired beer in the store. He cootended that the K-Mart store had made a clear-cut case for the issuance of the license and should be granted at this time. Mayor Senti irxlui-red whether there were any objectials fran individuals in the audience. No one cane fotward fnn the audience. CXXJNCIUD1AN HEmIOO MMD. CXXJNCII.MAN BIFSSU«; SEcmDED A MJl'IOO 'ID CIDSE 'lliE PUBLIC HEARII«;. Upai. the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meubers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Nale. Nale. The Mayor declared the tlk>tial carried. * * * * * CXXJNCI~ LAY M:>VED, CXXJNCILMAN SCliWAB SECXlIDED A MJl'IW 'ID TABLE FURmER DISClJSSIOO 00 'lliE ISSlWKE OF 3 .2% BEER UCDISE 'ID K-Mt\IU. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Meni>ers Senti, Schwab, Lay, Ihority, Brown. Council Merrbers Henning, Blessing. Ncne. The Mayor declared the tlk>tial carried. * * * * * CXXJNCillo01AN HEmIOO MJVED, CXXJNCII.MAN ~ SEcmDFD A MJl'IOO 'ID SET A PUBLIC HF..ARIK; 00 SEPlllBER 5' 1972, AND ro PUBUSH 00 AmUsr 16, 1972, ro ~SIDER 'lliE REZCNING OF THE 2800 BLOCX OF OOU'lli SHERMAN FRG1 R2A -TW) FAMILY RESIDmrIAL 'ID R2B -lDW DENSITY MJLTIPLE FAMI.LY. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Senti, Schwab, Lay, Henning, Dhority, BrCMn, Blessing. Ncne. Ncne. The Mayor declared the tlk>tial carried. * * * * * 453 54 -4- The minutes of the Water and Sewer Board meeting of July 18, 1972, were received for the record. * * * * * The minutes of the Parks and Recreaticn Conm:i.ssicn meeting of July 12, 1972, lillere received for the record. * * * * * The minutes of the Firemen's Pensicn Board meeting of July 18, 1972, were re- ceived for the record. * * * * * The minutes of the Policemen's Pensicn Board meeting of July 18, 1972, were re- c eived for the record. * * * * * ~ LAY ~, CXIJNCIU1AN BIFSSIK; SECDIDED, A MJITrn 'ID RmEW 'IHE 3 .2% BEER UCDSE FOR ll)BERI' S. BRIOIA, OM OOB' S c:a>raRY, 3296 SXJ'lH WASHilClm. Upm the call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Meobers Senti, Schwab, Lay, Henning, Dhority, Br<Ml, Blessing. Ncne. Ncne. The Mayor declared the IIk>tion carried. * * * * * The C.Ouncil took under consideraticn the ueooramun fran Fire Chief Hami.ltoo to the City Manager urging the adoptioo of an ordinance 'Which wuld ban the use of fireworks. City Manager Dial stated that the City of Sheridan has just recently passed such an ordinance. Councilman Blessing inquired as to why the legislation in the State Legislature failed. Chief Hani.ltcn replied that no mjor Republican could be found to spcnsor the bill and uuch conflict of interests and lobbying in the House helped kill the bill. He stated another attenpt will be D8de next year, but that ooe way to help create this ban 'WOUld be for all the cities in the state to join together in support of it. Cities in the area currently banning the use of fireworks include Denver, Aurora, Littletcn, and Sheridan. c.ouncilman Dhority inquired as to how the ordinance wuld be policed. Chief Haniltm replied that if made illegal, a cooperative effort between Police and Fire Departments l«>Uld be used to supervise the sale and use. Mayor Senti offered his feeings that a ban is an appropriate rooasure at this time. Councilwooml Henning inquired whether the county conr missioners are considering such a ban. Chief Hami.ltoo replied that he was not sure one way or the other. c.ounci.lman Br<Ml inquired if the public displays will continue to be allowed. Ori.ef Hanilton replied in the affiruative. Cll.JNCIU1AN BI .ESSIK; MJVED, CXXJNCIU1AN Sarr! SECXJIDED, A MJITrn RE~ 'IHE CIT'i ATIDIM:Y 'ID DRAW UP AN ORDINANCl: EI..IMINA'.l'Il nIE SAI.E AND USE OF FIRE\.DRKS BUr 'ID AJ.J.J:M PUBUC DISPLAYS. ~~ HFltilt«; MJVED, WJNCIU1AN ~ SECDIDED, A MJITrn 'ID AMEND 'IHE PREVIWS HJTirn 'ID INCWDE mE ~ 'ID mE CXlJNlY CXHUSSIOOERS 'ID BAN nIE SAI.E IN AIL OF ARAPAll)E CXXNIY. Upcn the call of the roll, the vote resulted as follows: as follows: Ayes: Council Menbers Senti, Lay, Henning, Dhority, Br<Ml, Blessing. Nays: Council Menbers Schwab. Absent: Ncne. The vote upcn the amended IIk>tion, upcn the call of the roll, the vote resulted Ayes: Council Menbers Senti, Schwab, Lay, Henning, Dhority, Br<Ml, Blessing. Nays: Ncne. Absent: None. The Mayor declared the IIk>tion carried. * * * * * I I I I I I I I -5- The Council considered the recomnendation from the Planning and Zoning Coomission m!eting of July 11, 1972, to rezone property at 330 West Belleview Avenue. City Manager Dial stated that he felt the party interested in the rezating ti«JU!d like a hearing and other action to be acc.onplished as soon as possible. Qruncihamn Henning stated that a very lengthy public hearing is in the forecast and certainly would merit a special meeting if the Colmcil so desired. CIXH;IU1AN lH>RITY M>VED, CXl.JNCIU01AN ~ SECDIDID A M1l'IOO 'ID SEI' A PUBLIC HF.ARD«; W SEPIEttiER 11, 1972, 'ID a:NSIDER 'lllE RE1.Cllll; OF PK>PERI'Y AT 330 WES!' BElil.VIllJ AVmUE. Upon the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Melrbers Senti, Schwab, Lay, Henning, Ihority, Brown, Blessing. Nale. Nooe. The Mayor declared the lll>tion carried. * * * * * 'llle Council considered a nerorandun from the Board of Career Service c.omni.s- si.ooers' meeting of July 20, 1972, establishing the positions of Assistant Director of Coonuni- ty Devel.opnent, Lab Technician (Police), Cllemi.cal Lab Technician (Utilities), and Maintenance Mechanic (Utilities). City Manager Dial stated that these positions were budgeted for the entire year but were just getting around to being filled at this time. Other informition is available if the Council so desires. CIXH;IU1AN LAY MMD, CIXH;IU1AN SQlWAB SECXJIDED A M1I'IW 'ID TABIE 'lllE ~ tema\TIC!iS H01 'lllE 1llARD OF C.ARF.ER SERVI<l: CXH«SSICfiERS mrIL AIDITICIW.. INFURMATIOO IS REreIVED. Upon the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Mellbers Senti, Schwab, Lay, Henning, Ihority, Brown, Blessing. Nale. Nate. The Mayor declared the lll>tion carried. * * * * * 'llle Council took under consideration the recomnendation of the Water and Sewer Board to provide Supplenett No. 1 to the c.onnector' s Agreement with Olerry Hills Rancho Sani- tation District to exclude six properties which receive service from the Chercymoor South Sanitation District. CllfiCillfAN LAY MMD, CllfiCillfAN SCllWAB SECXJIDID A M1I'IW 'ID APPK>VE SUPPUMNI' 00. l TO 'DIE CDH'.CIDR'S .AGRF»tNr WI'lll ClfERRY HILLS RANOO SANITATIW DISl'RICT TO EXCWDE SIX PR>PERI'IF.S \Ill(}{ REQ:IVE SERVI<l: H01 'lllE CllERRYMDR OOU'lH SANITATIW DISI'RICT. Upcn the call of the roll, the vote resulted as follows: Ayes: Council Meubers Senti, Schwab, Lay, Henning, Ihority, Brown, Blessing. Nays: Ncne. Absent: N~. The Mayor declared the lll>tion carried. * * * * * BY Al100RI'IY ORDINAN<l: 00. 23, SERIES OF 1972 AN ORDINANCl: NODU«; SECTIW 2, CiAPlER 2, ARI'ICLE I, TITLE XII OF 'lllE '69 E.M.C., AIJOORIZU«; 1£SIDm'l' ~TO a:NSTRUCI' SIDflW\LK, aJRB, GlJITER, ClJRB ems, OR DRIVDAYS WI'lHIN 'lllE CI'IY UMrTS. (C.Opied in full in the official Ordinance Book) • CIXH;IU1AN IH)RI'IY KJVED, CllJNCillfAN LAY SECDIDED A KJI'ICE 'DiAT ORDINAN<l: NO. 23 , SERIF.s OF 1972, BE PA.5SED W FINAL RF.ADU«; AND PUBU~ BY TITLE IN 'lllE F.NGLfl.IX>D HERAID SENrINEL. Upon the call of the roll, the vote resulted as follows: 455 56 Ayes : Nays: Absent : -6- c.ouncil Meubers Senti, Schwab, Lay, Heming, lhority, Brown, Blessing. Nale. None. The Mayor d eclared the nntion carried. ORDINANQ: 00. 24 SERIES OF 1972 * * * * * BY AIJIH)RITY AN ORDINANCE APPH:JVIR; SCliEilJI.ES OF AVF.R/tCE PRlffiS OF cnt>ARABU: SALES, CD1PARABLE RENI'AL RXJSIK;; AND A KNitl; EXPmSE SClIBilJLE, IN cnt>UANCl: wrm 1HE Rf4.Jl1HNI'S OF SECTICE 114, TITI.E I OF 1HE l:llJSIK; N.:f OF 1964, AS AMmDED BY 1HE ltnFORM REI.OCATICE ASSISfANCl: AND REAL PlllPERIY .AallJ!SlTICE POLICIES ACT OF 1970 FOR PK>JECT OSC-00-~-00-0063 (WRIHWESI' mGI..EN1DD GREmBELT /PAf(K) • (Copied in full in the official Ordinance Book) • ™1UD1AN HEHm«; MJVED, CllfiCIU1AN BI.FSSIK; SECXNDED, A MJI'IOO '!HAT ORDI- NANQ: 24, SERIFS OF 1972, BE PASSED CE FINAL READIK; AND PUBLl91ED IN FUlL IN 1HE ENGLE\{X)D HERAU> smTINEL. Upon the call of the roll, the vote resulted as follows: Ayes : c.ouncil Menbers Senti, Set.Jab, Lay, Heming, lhority, Brown, Blessing. Nays: None. Absent: Nate. The Mayor declared the mtion carried. * * * * * The Council took under advisement A BIIL FOR AN ORDINANCl: .AMflID!tl; nm OOM- PRDllNSIVE zam«; ORDINANCl: OF nm CITY OF ElG..E\D)D (ORDINANCl: NO. 26, SERIES OF 1963) , SECTICE 22.4-ll(b) AIJIH)RIZ!tl; DRY ~ FSI'ABLISIHNI'S TO BE I.DCATED WI'IHIN 1HE B-2 GmERAL 111sINE.SS Drsnucrs. City Manager Dial replied that it would be necessary at this time to set a public hearing on this matter. ~CIU1AN IH>RITY MJVED, CllJNCIU1AN BlUti SECXNDED A MJI'ICE TO SET A PUBUC ~CE SEPI'f.lotiER 5, 1972, CE A BIU. FOR AN ORDINANCE AHENDOC 1HE cnt>REHmSIVE ZQilll; ORDINANCE OF 'DIE Cl'lY OF ElG..E\D)D (ORDINANCl: 00. 26, SERIF.s OF 1963, SECI'ICE 22 .4-ll(b) Al1lll>RIZOC Di« ~ EsrABLISIHNI'S TO BE l.OCATED WI'IHIN 1HE B-2 BUSINESS DISI'RICI'S. Upon the call of the roll, the vote resulted as follows: Ayes : Nays: Council Merrbers Senti, Schwab, Lay, Heming, lhority, Brown, Blessing. Ncne. Absent: Ncne. The Mayor declared the mticn carried. * * * * * City Manager Dial began a report en the possible locaticn of a swimning pool in Dartmouth Park. He stated that the Parks and Recreaticn Department had made a broader study than just Dartmouth Park as indicated in the neooraru11n. c.ouncilman Dhority stated that he would like to have the Parks and Recreation Director appear before the Council at a subsequent meeting for a fuller discussion. It was pointed out to the Council at that time a public hearing for the use of fl.anmable liquids in a B-2 zoned district had previously been set for August 21. Cllfi~ IH>RITY K>VED, CXXJNCIUDtAN HEmIK; SECXIIDED A MJI'IW TO RESCIND 1HE SEPI»eER Sm PUBLIC HEARI?«;. Upon the call of the roll, the vote resulted as follows: Ayes: CDuncil Metrbers Senti, Schwab, Lay, Heming, lhority, Brown, Blessing. Nays: None. Absent: Nate. The Mayor declared the nnticn carried. * * * * * I I I I I I I I -7- City Manager Dial discussed the resolution authorizing certain transfers of appropriatiCXlS and establishing a new appropriatioo within the General Fund. He stated that the najor part of the resolutioo had been discussed previously with the Council. It included the salary raises as of July 1, aIOOg other itEmJ. Councilman Dhority questiooed the vehicle mrintenance budget increase in the Police Department. City Manager Dial replied that the Servi.center was working out well as a whole with sane budgets being charged IOOre than anticipated and other departments being charged less. RES:>WITOO NO. 38, SERIES OF 1972 A RES:>WITOO AIJ'lll)R!Zn«; CEKrAIN TRANSFERS OF APPR>PRIATIOOS AND FSI'ABLisn.t«; AN NEW APPK>PRIATIOO WI'nl nm GENERAL MO. (Copied in full in the official Resolutioo Book). ~CIU1AN SOlWAB MMD, CllJNCIU1AN LAY ~ED A Mn'IOO 'llfAT RES:>WITOO NO. 38, SERIES OF 1972, BE APPKlVED AND AOOPI'ED. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Mellbers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Nooe. Nooe. The Mayor declared the mtioo carried. * * * * * City Manager Dial discussed the resolutioo authorizing certain transactialS within the Public lnprovement Fund stating that it was for the mst part a house cleaning actoo and additialal appropriatioo of Federal revenues. REOOWITOO NO. 39, SERIBS OF 1972 A RES:>WITOO AIJ'lll)R!Zn«; CERIAIN TRANSACTIOOS Wl'IBIN nm PUBUC IK>RJVElotNI' RJND. (Copied in full in the official Resolutioo Book). CllJNCIU1AN SCllWAB MMD, CXXJNCIU1AN BT FSSn«; SECDIDED, A Mn'IOO 'llfAT RES:>WITOO NO. 39, SERIES OF 1972, BE APPK>VED AND AOOPI'ED. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meoi>ers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Nooe. Nooe. The Mayor declared the mtioo carried. * * * * * RES:>WITOO NO. 40, SERIES OF 1972 RFS:>WITOO AJJ'lll)R!ZI?«; FILIR; OF APPUC'ATIOO Wl'DI nm flWIIUHNI'AL PK>TECTIOO AGmc:i, WITED srATES OF Al£RICA, FOR A GRANr llIDER nm W!\TER PCLUmOO cmTK>L N:f, (33 u .s .c. 466, fil' SEXl·) (Copied in full in the official Resolutioo Book). ~~ SCllWAB M>VED, CXXJNCIU1AN BI F.SSU«; SECDIDED A Mn'IOO 'llfAT RES>WITOO NO. 40, SERIES OF 1972, BE APPIVVED AND AOOPIED. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Melrbers Senti, Schwab, Lay, Henning, Dlority, Brown, Blessing. Nooe. Nooe. The Mayor declared the lll>tioo carried. * * * * * Councilwanan Henning left the room at 10:26 p.m. and returned at 10:27 p.m. * * * * * 457 458 -8- Mr. Olar les B. Carroll, Jr. , was present to discuss an easement and encroach- ment agreement with the T .w. Andersen M:>rtgage Coupany to accom:xlate a new sew& line locatioo. Hr. Carroll stated that the central core of utilities was in the alley oo that block and had to be rerwted in order for the Wilding to be built over the alley. 'Ihe builder requests an encroadment agreement for the alley. It already exists in reality, but T .W. Andersoo M:>rtgage Ccxlpany would like legal action to finalize the transaction. ~ HmNING MJVED, Cll.tiCIU1AN BlUiti SECXJIDFJ> A M1ITOO TO APPK>VE nm m<RW.lHNr AGREEHNI' WI'IB T.W. ANDERSW M>RI'GAGE CXH>ANY TO ACCXMDATE A NEW SEWER LINE l.OCATIOO. Upoo the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni>ers Senti, Schwab, Lay, Hermi.ng, Dhority, Brown, Blessing. None. None. 'Ihe Mayor declared the mtioo carried. * * * * * City Manager Dial discussed a resolutioo establishing appropriation in the Public Inprovement Fund for purchase of property for nuni.cipal uses near the Servicenter. He stated that the Council had agreed to the purchase in the past. $7 ,500 would be held by the banks as a trustee Wltil the final parcel is purchased, and Council appropriatioo is needed for the first parcel purchased plus the expenditure of $7,500. REOOUrrIOO 00. 41, ~ OF 1972 REOOumoo ESI'ABLI~ APPIDPRIATIOO IN nm PUBUC IMPK>VEMNI' RtID R>R ~E OF PK>PERrY FOR MJNICIPAL USES NEAR nm SERVIC»n"ER. (Copied in full in the official Resolutioo Book). ~CIUD1AN ~ MJVED, CXXJNCIU1AN BTF.SSING SECllIDFJ> A M1ITOO 1HAT REOOW- TIOO t«>. 41. SERIES OF 1972, BE APPK>VED AND AOOPI'ED. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meubers Senti, Schwab, Lay, Hermi.ng, Dhority, Brown, Blessing. None. Nooe. The Mayor declared the mtioo carried. * * * * * City Manager Dial requested permissioo for a Police Officer to attend the Northwestem Traffic Institute from Septenber Wltil June with all expenses paid through a Federal grant. He stated that our ooly obligatioo is the officer's salary and that the officer had to rmke a c.oomi.tment to stay with the City for b«> years after the school was over. ™ILMAN Bl.FSSING MJVED, CXXJNCIU1AN IH>RITY SECmDED A M1ITOO TO GIVE PERHISSIOO FORA POLIQ: OFFICER TO ATI'E?ID '!HE OORIHWES'l'Em TRAFFIC INSl'l'lUlE FKlM SEPI'EMIBR llUU J\1£. Upoo the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merci>ers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Nooe. Nooe. 'Ihe Mayor declared the llk>tioo carried. * * * * * City Manager Dial reported oo the objectioos to the ordinance requiring trash containers to be remJVed fran the alleys. He stated that he received a petition oo July 19 frcm Hr. and Hrs. Stauffer to protest the proposed ordinance of no trash cans in the alley- way. He stated that the ordinance will becane effective Septenber 1, 1972 and that the City has received sane adverse c.cmoont stating that there is hardship oo sane peopl~. Many indivi- duals have DBde physical changes oo their property to accomoodate trash cans since this ordi- nance was passed. * * * * * I I I I I I I I -9- City Manager Dial requested permi.ssicn for the attendance of the Fire Chief at the Internatiaial Fire Clliefs Conference to be held in Cleveland, Ohio, Septenber 10-14. a:x.tiCIU1AN SCllWAB M>VED, CXlJNCILMAN LAY SECXIIDED A MJl'IOO APPID\'Ill; 'lHE ATIDIDANCL OF 'lHE FIRE QUEF AT 'lHE INI'ERNATIOOAL FIRE Cll!EFS' <m:IBRmCE IN CLEVELAND, CHIO SEP'I»tiER 10-14. Upcn the call of the roll, the vote resulted as follows: Ayes: O:>lmcil Meni>ers Senti, Schwab, Lay, Henning, lllority, Br<Ml, Blessing. Nays: Ncne. Absent: Ncne. The Mayor declared the Ill>tion carried. * * * * * City Manager Dial discussed a report regarding the need for priorities on Phase II Stocm Drainage projects. He stated that previously the proposal had been made to HUD for a large storm drainage project. HUD had requested a breakd<Ml oo approximately $500 ,000 so the staff had broken down the previously discussed plan and the subsequent priority. City Manager Dial stated that the City may want to go on 100% local fund, but we should try to get these Federal funds first. Councilman Lay inquired whether the estimates for storm drainage would be as far as the estimates for the water reservoir. City Manager Dial stated that he had ouch Ill>re confidence in these bids than in the water rservoir bids. Councilman Senti inquired whether any Councilman had any objecticn to the priority as stated in the tnemJrandun. There was a general consensus. * * * * * City Manager Dial reported oo the investigaticn of the assessment deferral plan under ~ich the property assessement of paving districts would not be paid until the death of the owner of the property. Carl Zenai, Administrative Assistant, was present to discuss the mem>randlJn to the Council. he stated that Ill>st individuals felt that the interest on an assessnent over a laig period of time "WOUld be fantastically high and did not wish to see the interest build up in those proporticns. c.ouncilman Dhority conmented that he was surprised that so mmy individuals replied in the negative~ the City was atteopting to help out these poor people. City Manager Dial stated that in the tree program previously discussed that unless instructed otherwise the City would favor those individuals in the paving districts progran who had actually lost trees. * * * * * Mr. Sped<, Manager of the Gothic Theatre, was present to express apologies to COW'\Cilwomm Henning for a letter in the newspaper attacking her. * * * * * ~ lAY MJVED, CXlJNCILMAN SCllWAB SECllIDED A MJl'IOO 'ID BRING UP FlOt 'lliE TABLE 'DIE HJITCN 'ID ~SIDER 'lliE INSSUANO: OF 3 .2% BEER U~SE TO K-MARI'. Upcn the call of the roll, the vot,e resulted as follows: Ayes: c.ouncil Meirbers Senti, Schwab, Lay, Henning, Dhority, Blessirig. Nays: Ncne. Absent: Nooe. The Mayor declared the m>tioo carried. * * * * * CouncilliUDan Henning inquired as to why the Council did not want to decide the questicn iJDnediately after the public hearing. Councilman Lay stated that he felt the Council needed time to consider the question. ~~ IHJRI'IY MJVED, CXlJNCILMAN LAY SECXIIDED A MJl'lOO 'ID ISSUE A 3.2% BEER U~SE 'ID K-MAKI'. Upcn the call of the roll, the vote resulted as follows: Ayes: c.ouncil Men'bers Senti, Schwab, Lay, Henning, lllority, Blessing. Nays: Council Meni>er Br<Ml. Absent: Ncne. The Mayor declared the Ill>ticn carried. * * * * * 459 460 -10- CDW~~ MJVED, CXlJNCIIMAN BIFSSTI«; SECXIIDED A MJITOO TO APPOINr 'DIE ID~ CITIZENS TO nm ACTIOO FORCES CREATED BY nm CXlJNCIL PREVIOUSLY: Housing 1. Bill Stephensal 2. Gil Valdez 3 • DCXl Marshall 4. Herb ~sbarger Alternates Berry Slater Bessie Goc>cMi.n Rose Leioo Stan Rhcxbs Ernest Bliss Transportatioo l. Dick Banta 2 • Bob Frantz 3. Ed Olde 4. Garry Cassell Alternates Doug Harder Ray Elder Tan Eitel ACTIOO FORCE> River Redevelopnent 1. Ray Ludwig 2 • Clete Gassen 3. Den Cushing 4. Jerrold Todd (Sheridan) Alternates Sam Love C.Ore Area Developnent 1. Paul Ant>rose 2. George Allen 3. Emnett Curry 4. Lowell Pal.nquist 5. M:>signor Cullen Alternates Larry Stcnes Betty Beiser Upon the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: c.ouncil Meot>ers Senti, Schwab, Lay, Henning, Dhority, Brown, Blessing. Ncne. Nooe. The Mayor declared the IIDtioo carried. * * * * * c.ouncilmm Schwab stated that he \1l0Uld like to see additional residents oo the Steering C-Onmittee. City Manager Dial stated that, if the Council desired, the additic:nal tw meni>ers of the Council not currently en any coumittee could be added to Steering Coomi.ttee. CDWCllMAN IH.)RI'IY MJVED, CXlJNCIIMAN ~ SECXIIDED A MJITOO TO AMEND 'DIE ORIGINAL KJrIOO PASSED AT A PREVIOUS~ SETrn«; UP CXM1ITI'EE 'ID INCUJDE 'DIE T\tD CXlJNCIL ~tel' ~y 00 />N'i CXM1ITI'EES. lJpCll the call of the roll, the vote resulted as follows: Ayes: Council Meni>ers Senti, Schwab, Lay, Hemrl.ng, Dhority, Brown, Blessing. Nays: Nooe. Absent : Nooe. The Mayor declared the IIDtioo carried. * * * * * ~ SOiWAB MJVED, CXlJNCllMAN LAY SECDIDED A MJITOO TO AnJWm. lJpCll the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Men'bers Senti, Schwab, Lay, Hemdng, Dhority, Brown, Blessing. Nooe. Nooe. The Mayor declared the IIDtioo carried, and the meeting adjourned at 11:20 p.m. Isl Karl Nollenberger Ex Officio Clerk of the Council I I I I