HomeMy WebLinkAbout1972-11-20 (Regular) Meeting MinutesI
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~CIL CllAMBERS
CI'IY OF ElGDU>D, WLORAOO
~ 20, 1972
RmJia MEEilt«;:
The City c:Duncil of the City of F.nglel«>Od, Arapahoe County, Colorado met in
r~lar session on NovEIIi>er 20, 1972, at 8 24 P .M.
Mayor Senti, presiding, called the meeting to order.
The invocation was given by Rev. Helen Walker of the Esoteric Truth Center.
The Pledge of Allegiance was led by City Manager Stanley Dial.
The Mayor asked for roll call. Upon the call of the roll, the following were
present:
CDuncil Merrbers Set.ab, Lay, Henning, llwrity . Brown, Senti.
Absent: CDuncil Meni>er Blessing.
The Mayor declared a quonm present.
Al.so present were: City Manager Dial
City At.tomey Berardini
Director of Finance Nollenberger
* * * * *
CXXBCII.MAN BlOti MNED AND CXXH;IIJ1AN SCliWAB SECX!IDED A K1rIOO 'lllAT 1llE MINU1'ES
OF 'lliE 8PECIAL MEETll«1 OF ~ 3 , 1972 BE APP(()VED AS READ. Upa1 the call of the roll,
the vote resulted as follows:
Ayes: Council Menbers Set.Jab, Lay, Brown, Senti.
Nays: Ncne.
Abstain: Council Meni>ers Henning, Illority.
Absent: Council Meni>er Blessing.
The Mayor declared the DDtion carried.
c.ouncilwcmm Henning inquired whether it was proper to abstain in the approval
o r mirutes for meetings which a council menber did not attend. City At.tomey Berardini replied
in the aff i.rnative.
* * * * *
~ 1iEltiir«; MJVED Alt> CIXJNCIIJ1AN IH>Rl'IY SECXIIDED A K1rIOO 'ID APPK>VE
'OIE MI.WIF.S OF 'DIE REWLAR ~ OF ~ 6, 1972. Upon the call of the roll, the vote
resulted as follows:
Ayes: Council Merrbers Set.Jab, Henning, llwrity, Brown, Senti.
Nays: None.
Abstain: Council Meni>er Lay.
The Mayor declared the UDtion carried.
* * * * *
Mayor Senti recognized the following people fran the list of Special Citizen
PrO'~an Invitees:
Mr. and Mrs. Gerald L. Jarboe, 4285 So. Delaware Street, Precinct No. 10.
Mr. Kenneth E. Janes 300 East Halpdcn Ave., Precinct No. 8.
* * * * *
Mr. Tanas Ki.smarki, President of the Plantation, dba Studio Lounge, 5020 South
Br~ay , appeared before Council in regard to the renewal of a beer, wine and liquor license.
CDuncilJllJn Lay inquired of Mr. Kismarki whether he was aware of the procedure
o f liquor license renewal. Mr. Kismarki replied in the affirmative. Councilman Lay stated
that the c.ouncil was curious as to the mmber of police calls to Mr. Kismarki' s business. Mr.
Kismarki stated that the Assistant Otief of Police, Mr. Clyde Hall, had told them to call the
police as soon as any trouble developed. Councilman Lay inquired whether Mr. Kismarki was
normally on the location. Mr. Kismarki replied in the affirmative, stating that either he or
his wife were in the area fran early morning to early morning. c:Duncilman Lay inquired
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whether the establishnent has a persen to help in the area of controlling trouble. Mr.
Ki.smarki. replied in the affinnative, stating that Thursday . Friday . and Saturday night he
hired a persal for trouble control and to check en I D. 's. 'lhe persal was hired in the
Dalth of March, and as you can see by the police report the calls have decreased tremendously
since then.
Councilman Dbority stated that the C.Ouncil took a lot of time en new license
applicati.als and that they should look closely at renewals also, in order to help curb prob-
1(5118. He stated that it cost the tax-payers a lot of mc:ney to answer police calls. Mr.
Ki.smarki. remarlwd that in the year 1973 he \llOuld have nuch f~ police calls. He added
that it takes a little while for people in the area to realize the attitude of the bartenders
to get rid of trouble. '!he establishnent will never serve a troublemaker twice.
Councilman Brown in{uired whether Mr. Kismarki was the owner or the manager.
He replied that he was both. Councilman Brown inquired whether the Studio had a policy of
stopping service when the custaner had had enough liquor. Mr. Kismarki replied that they
definitely did. Councilman Brown stated that Council had been concemed over the past history.
Councilman Scrwab inquired as to w00 the fights listed on the police report
were bet:ween. Mr. Kismarki stated that it was betwem custaners, but no enployees were in-
volved.
* * * * *
The minutes of the Election Conmi.ssion meeting of Noveni>er 9, 1972 were received
for the record.
* * * * *
The minutes of the Library Board meeting of NovEDi>er 14, 1972 were received for
the record.
* * * * *
The minutes of the career Service meeting of October 19, 1972, were received
for the record.
* * * * *
The minutes of the Board of AdjustmBlt and Appeals meeting of Septeni:>er 13,
1972 were received for the record.
* * * * *
The minutes of the Parks and Recreation C.Onmission meeting of NovEIIber 9 , 1972
were received for the record.
* * * * *
The financial report for the m::nth of October, 1972 was received for the record.
* * * * *
A meroorandun to the Director of Connunity Developnent fran the Assistant
Director of Connunity Develoµnent reporting to the annual AIP conference in Bosten was received
for the record.
* * * * *
A neoorandun to the President of the Englewood Municipal Enployees Association
fran the City Manager regarding ilqllcmentatioo of Cllarter Amenanent No. 5 was received for
the record.
* * * * *
Council~ Henning inquired whether the City paid rental for voting machines
for the use at mmicipal electioos. (.;ity Manager Dial replied in the negative. Councilwanan
Heming stated that the Council ought to help back the C.Ounty Clerk in obtaining new voting
machines cbe to the recent election problem of overcr<JWing at the polls.
UUK;~ HEmil'{; MJVED AND CXXJNCIU1AN IH>RITY SECDIDFD AMJI'I~ 'ID RECJJEST
1liAT 1HE MAYOR WlU'IE A IEITER 'ID 1HE CXlNlY CXH«SSICJmRS ~ 'nlAT 'IHE cxunY CLERK'S
~FOR AOOITICIW.. vorIK; MAaiINES BE APPl()VED IN 1HE YEAR 1973. Upoo the call of the
roll, the vote resulted as follows:
Ayes : Council Menbers Schwab, Lay. Henning, Ihority, Brown Senti.
Nays: Ncne.
Absent: Council Merri>er Blessing.
'llle Mayor declared the tmtion carried.
* * * * *
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A neoorandlln dated NovE!lix!r 16 reccmnendi.ng the approval of an agreement with
Hartin-Marietta Corporati<Xl for the installati<Xl and operati<Xl of a pilot advanced waste
water treatment plant was brought up for discussial before the Council.
Mr. Den Fullert<Xl, 3265 So. Race, appeared before Council in relati<Xl to the
agreement. He stated he was representing Martin-Marietta Corporati<Xl. He stated that Martin-
Harietta did not at the tiroo have a signed cootract with the EPA "'*1i.ch was conditiooed oo the
site selecti.al process. For this reas<Xl, the contract and agreement with the City of F.nglewood
was an open item f or final approval after final EPA approval at the end of this m:nth.
Councihamn Henning stated that the contract became null and void oo DecElli>er
1 if the City did not hear back fran Martin-Marietta by then. She questi.aled whether this
was enough time for Martin-Marietta Corporati.al. Mr. Fullert<Xl allowed that it was rather
close timing. Councihamn Heming questicned whether the City could amend the cootract at
this time. City Attorney Berardini replied that it could be amended, but that the Water Board
had approved it in this format. Mr. Fullertoo replied that Martin-Marietta met with EPA on
Noveri>er 27. It would probably give the firm enough time to go back to the City.
The process under consideratioo is a waste water treatment for activated sludge.
The process can treat six times as uuch sludge in the same space area.
Councilman Dbority stated that the way he read the date in the agreement was
that the City of F.nglewood had to agree by Dccmber 1st, rot that final EPA approval had to
be obtained by then.
Councilwonen Henning inquired as to the status of the equipnent once the pilot
proj~t was disbanded. Mr. fullert<Xl replied that it tcclnically belongs it the EPA, but that
in the past they have given it to the nunicipality or the coopany as a means of disposing of
it.
Councilman Lay inquired as to the size of the plant. Mr. Fullert<Xl replied
that it was 42 ,000 gallons per day and ""°uld fit en an 36 x 36 slab building base.
Councilmm Schwab inquired whether there were any problerIB of a labor nature and
questiooed whether union people w:>uld be writing with t01-union people. Mr. fullerton replied
in the negative, stating the firm ~uld be using their own non-union people in this effort.
Councilman Sci'&1ab questiooed whether there was any effect on the Littlet<Xl
joint at,reanent we to this project. City Manager Dial replied that he was not of the feeling
that there was.
axu:;~ IH>RITY K1VED AND CXXK;~ lAY SECXlIDED A KJI'IW 'ID APPK>VE 'lHE
AGRIDml' WI'lll M.i\KITN-MARIEITA OORPORATIW FOR 'lHE INSTALLATIOO AND OPERATIOO OF A Pil.Dr
AfN~ WASrE WATER TREA'llEn' PLANr. Upcn the call of the roll, the vote resulted as
follows:
Ayes: Council Menbers Schwab, Lay, Heming, lhority, Brown, Senti.
Nays: Nale.
Absent: Council Menber Blessing.
The Mayor declared the DX>tioo carried.
* * * * *
Council began a discussion of a reconmendatioo from the Library Board regarding
the instructional media centers.
City Manager Dial stated that the project was covered by a ueoorandun from the
Director of Libraries and the Assistant Superintendent of Schools. The cost would be shared
with the City having the TIBj or part of that cost, which would cover periodicals, books, labor,
and other snall item. A one-year program for the instructional media centers ~uld cost
$8 500 for the City and $4,000 for the school district. 'llle Library Board has reconmended
approval of this item.
Mr. Dial stated that he w:>uld reconmend approval of the item in concept and
refer it to the City Manager for consideration in the Revenue Sharing mcney yet to be approved
by Council.
Councilmm Brown stated that he felt it was a good idea and that a family
would be able to go to these instructional media centers in the evening which wuld be able
to involve a lot DX>re people. He felt that Revenue Sharing ~uld be an appropriate place
for this mcney to be spent fran.
Councilmm Ihority inquired as to how many media centers ~uld be established.
City Manager Dial stated that there w:>uld be four media centers on a rotating nightly basis.
The item purchased for the ~ia center usage by our library could be used in our own library
it the system did not w:>rk in the long run.
Councilmm Ihority coomented that the media centers ~uld then be in various
areas on each night of the week. City Manager Dial agreed with that comnent.
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CXUK;TIMAN ~ MJVED AND CDWCIU1AN SECXIIDED A MJrlOO ID APPK>VE IN <mCEPr
THE INSrROCITOOAL MEDIA cmrENS AND REFER IT ID RJIUHE AGITOO AND 'lHE REVENUE SHARill; ~.
Upon the call of the roll, the vote resulted as follows:
Ayes: Council Menbers Schwab, Lay, Hermi.ng, rhority, Br<Ml, Senti.
Nays: Nale.
Absent: Council MenDer Blessing.
The Mayor declared the ITDtion carried.
* * * * *
City Attorney Berardini began a discussicn of an Ordinance en final reading
regarding sick leave conversion on retirement. He stated that it expands definition of the
word retirement to include the police and fire retirement, as well as Social Security retire-
ment at age 62.
BY AJJlll)Rl1Y
ORD~ 00. 32, SERIES OF 1972
AN ORDINANCE AMEND~ SECI'IOO 6 , rnAPIER 4, TITLE V OF 'lHE 1969 E.M.C. ENI'ITLED, "Sia< IF.AVE:
AOCRUAL, QUALIFICATIOOS'' BY RE~ AND ~ 'lHE TERM 'REIT~' AS USED nlEREIN.
(C.Opied in full in the official Ordinance Book).
au«;~ S01JAB M:>VED AND CXXJNCIU1AN ~ SECDIDED A Mil'IOO 1U APPK>VE 00
FINAL READIK; ORDINANC.E 00. 32, SERIES OF 1972, AN ORDINANCE .AMEND:IR; SECl'IOO 6 , CliAPIER 4,
TITLE V, OF 'lHE 1969 E.M C. ENI'lTLED "Sia< IF.AVE, ACCRlW.., QUALIFICATIOOS" BY REOEFimK;
AND ~ 'lHE TElfot ''RETIREHNr" AS USED 'DIEREIN. Upm the call of the roll, the vote
resulted as follows:
Ayes:
Nays .
Absent:
Council Merrbers Schwab, Lay, Henning, Ihority, BrCMt, Senti.
Nale.
Council Meui>ers Blessing.
The Mayor declared the ITDtion carried.
* * * * *
City Attorney Berardini began a discussicn of an ordinance on final reading
prohibiting the sale and use of fir~rks within the city limits. He stated that the ordinance
prohibited fir~rks within the City of Englewood, making an exception for public displays.
He cxxmented that City Manager Dial had fm:warded to him sare correspaidence fran Ron Loser,
the County Attorney, stating that the County could not pass restrictive legislation of this
sort, ~ch was reserved to State statutes unless they are a hane rule county. That letter
was in response to our Resolution at the last meeting requesting them to do so.
Councilman Schwab inquired whether the City could be losing sales tax revenue
by pushing firacrks further out into the C.Ounty. He inquired to Director of Finance
Nollenberger how tIUch the City would lose. Mr. Nollenberger replied that he does not have
that information at hand, but would be glad to look it up and report back to the City Council.
Councilman lbority stated that the Council should pass this resolution
regardless.
BY AUllDRl1Y
ClU>INANffi 00. 33, SERIE.5 OF 1972
AN ORDllW«.E NEPF.Al..JN1 OiAPI'ER 4' ARI'ICLE 2 OF 1HE I 69 E .M.C. ~ 1HE SAME WI'lll AMEND-
~ PRCHIBITn«; 'lHE lWlJFACIURE, SAIE, USE AND/OR PCl>SE.55100 OF FIREWJRKS AS DEFINED HEREIN,
AND PlVJID~ RE 'lHE RF.GlJLATIOO AND LIGrnS:IR; OF PUBLIC OR PRIVATE DISPLAYS 'lHEREOF.
(Copied in full in the official Ordinance Book).
OOLNC~ HENNil(; KJVED AND ~CIU1AN IH>Rl1Y SECmDED A MJrIOO 1U APPK>VE
ORDINNQ; t«J. 33 , SERIBS OF 1972, rn FINAL READ:IR;, AN ORDINANffi REPEALm:; UiAPIER 4, ARl'ICIE
2 OF 'lHE 1969 E .M C. , ~ 'lHE SAME WI'IB AMENIHNI'S PlOilBITIK; 'lHE lWlJFACIURE, SAIE,
USE AND/OR POOSF..55100 OF FIREW:>IOO:> A!3 DEFINED HEREIN, AND PK>VID:IR; FOR 'lHE REGULATIOO AND
Licm8IH:; OF PUBLIC OR PRIVATE DISPLAYS 'lllERIDF. Upon the call of the roll, the vote resulted
as follow:
Ayes: CDuncil Meni>ers Schwab, Lay, Henning, Ihority, Br<Ml, Senti.
Nays: Nale.
Absent: Council Merrber Blessing.
The Mayor declared the tmtion carried.
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City Attorney Berardini began a discussion of a Bill for an Ordinance creating
a Re vemie Sharing fund. He stated that the Treasury of the United States required this and
the staff had requested the drafting of this Ordinance. At this time he would request the
st:ri.king of the ~rd "as" in Section 13-5-1 of the proposed Bill and the letter "c" under the
13-5-1. The area ern.merated by "c" was a proper part of "b". The Bill for an Ordinance auth-
orizes expenditures as allowed by the Treasury.
City Manager Dial stated that the Council still nust do the budgeting for the
Rev<.nJC Sharing fund and this Bill for an Ordinance cnly sets up the structure thereof.
Councilman Brown inquired whether it has to be stated in the Bill for an
Ordinance that mney may rot be used for federal matching. City Manager Dial replied in the
negative, stating that it was Federal law which would supercede our ordinance anyway.
Introdlccd as a Bill by Councilman s~.
A Blll.. FOR
AN ORDINAtn: AMENIJI.t«; SECTIOO 1, aiAPIBR 5, TIUE XIII, OF 'lHE '69 E.M.C. BY AOOPITt«; A NEW
SECITOO , CREATil{; A SPECIAL FUND, 'ID BE ~ AS 'lHE ''REVElruE ~ FUID'', SPEC~ 'lHE
SOURras OF REffi!PrS 'IHEREFOR, AND 'lHE PlJRPQ)ES OF E'.XPmDl'IURES 'IliEREFlOt.
~ SCllilAB MJVED AND CllfiCIU1AN IAY SECXlIDED A MJI'IOO 'ID APPIDVE 00 FIRSl'
RF.ADD«; A Bill. FOR AN ORDilWU: AMFNDIR; SECITOO l, CllAPlER 5, TIUE XIII, OF 'lHE 1969 E.M.C.
BY AOO~ A NEW SECTIOO , CREATn«; A SPECIAL FUID, 'ID BE ~ /.S 'lllE ''REVmUE SHARil(; FUID''.
Upon the call of the roll, the vote resulted as follows:
Ayes : Council Menbers Schwab, Lay, Henning, Il'lority, Brown, Senti.
Nays : None.
Absent: Council Menber Blessing.
The Mayor declared the tTDtion carried.
* * * * *
City Attorney Berardini began a discussion of a report regarding possible conr
mencement of new action to annex property at Union and the South Platte River. He stated that
the prohibition fran the last attenpt by the City was 12 IIOlths, and that time has now, elasped
since the original attenpt was made in 1971.
Councih«Jman Henning inquired as to how auch land was involved in the area.
City Attorney Berardini replied that there were 180 acres. At the last attenpt the annexation
was thrown into an election procedure since the City of Sheridan also had a petition presented
f or annexation.
Councilman Dhority questioned whether the City should do anything about the
annexation at this time. City Manager Dial stated that the City should bounce right back since
it is now legal. He also felt that the City should announce that they will suspend even the
limited services provided to the area if the annexation does rot proceed.
Mayor Senti stated that a council tnenber from Sheridan told him that the City of
Sheridan ~uld not interfere with any annexation procedures at this time.
<XX.H;~ ~ MJVED AND ClXJNCillfAN IAY SECCIIDED A MJI'IOO 'ID BEGIN 'lHE
I...mAL PROffiEDIIG:i FOR 1HE AtH:XATIOO OF PIDPERIY AT UNIOO AND SOU'IH PLA1TE RIVER. Upon the
cal l o f the roll, the vote resulted as follows:
Ayes : Council Meni:>ers Sct"Mab, Lay . Henning, Ihority, Br<Ml, Senti.
Nays. None.
Absent : Council Meui>er Blessing.
The Mayor declared the tTDtion carried.
* * * * *
City Manager Dial began a discussion of resolution for a grant-in-aid from the
Envi.ram::ntal Protection Agency for the joint Englewood-Littleton 20 million gallon per day
waste water treatment plant. He stated the resolution would authorize the City Manager to
execute and file the application on behalf of the City, conmenting that it was a nonnal re-
quiranent of the Federal Govenmlent in order to create a liasoo beo.ieen the ovo agE11Cies.
~wrroo ti>. 58, SERIES OF 1972
A REOOWITW Al1llDRIZIH; FIUK; OF APPUCATIOO wrm 'lHE ~ ProTECITOO AGENCY', UNITED
STATES OF AMF.RICA, FOR A GRANl' WIER IBE WATER POUlmOO cmrROL /Cf, (33 U.S.C. 466, Er SEQ.)
(Copied in full in the official Resoluticn Book).
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CllK:~ ~ MJVED AND ~CIJ.l.D1AN HEHral; SECnIDED A MJITOO 'ID APPK>VE
RE&>WIT~ ti>. 58, SERIES OF 1972, A REOOWITOO AI.rnl)RlZI?«; FILn«; OF APPUCATIOO WI'IH 'lHE
~ PlClECTI~ ~y, UNITED STATES OF AMERICA, FOR A GRAN!' lHlER 'lHE WATER POU.U-
T!~ Cllnl()L N:r. Upoo the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Menbcrs Schwab, Lay, Hemring, Ihority . Brown, Senti.
Ncne.
Council Merlt>cr Blessing.
The Mayor declared the rootion carried.
* * * * *
City Manager Dial began a discussion en a report regarding the 1972 tree plant-
ing progran. He stated that the trees planted had been less in nunber than originally hoped by
the City, but oot low enough to cause any disoouragement. 63 trees had been provided to people
in the paving districts who had lost them in the past. 47 other people had also bought trees
at the very favorable price offered by the City. Instructions -were given out to each purchaser
in hope o f achieving a long life for the tree. The average cost to the City was $20 per tree.
In the Spring of 1973 the program will be repeated ence again.
The paving district indivicil.als who lost trees in the past have been contacted
by direct letter and the general public was made aware of the program through the news tredia.
The renai.ning trees are currently being stored for the winter in Belleview Park.
Councilman Illority inquired whether the paving district also included sidewalk
districts. City Manager Dial stated that he was not absolutely sure.
Councilwcmm Henning inquired whether the City should include notice in the
Spring in the water billing notices.
Councilman Lay stated that he was not in favor of that type of approach since
it ~uld probably create too broad a coverage. He did not feel that the City should get into
the landscaping business at this time, but ooly provide a nerginal service.
City Manager Dial stated that the City had provided $4.000 this year and the
next year's budget for the program was $9,000.
Uouncilman Lay inquired as to how many trees that covered. City Manager Dial
stated that there were 172 trees in the budget.
Councilman Brawn stated that the Director of Parks and Recreation, Packy Ronmls,
idea was to push far tIDre trees in the City but not go into the tree business. He did not feel
that the City should push it too hard.
* * * * *
City Manager Dial began a discussioo of a report en the Police-Fire landscaping
bid. He showed to the Council a map of the trees to be planted and the other landscaping item;
to be provided. He stated that the current landscaping included plantings in courtyards as
well as in frent of the building. ~ix bids had been sent out, but five of the six did not
return any respcnse. Keesen Conpany bid $9,806 plus $1,686 in alternatives, for a total of
$11,492. Negotiation subsequently brought the bid down to $9 ,954 which was within budgetary
limits.
Councilman Lay inquired whether the sprinkling system was in the building bid.
City Manager Dial replied in the affinnative.
Councilman Brown inquired whether the firm would guarantee the products. City
Manager Dial stated that it was included in the specifications.
CXXR;~ SQl.lAB K>VED AND Cll.fiC~ lAY ~ A Mn'IOO 'ID APPK>VE 'lHE BID
AWAltD TO KEE!ffi W1PANY FOR LANDSCAPIK; AT DIE POLICE-FIRE UN'IER IN DIE AMlJNl' OF $9 ,954.
Upon the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
c.ouncil Merli>ers Scl&iab, Lay, Heming, Ibority, Brown, Senti.
None.
Council Mefrber Blessing.
1he Mayor declared the rootion carried.
Councilwoman Henning comnented that the City of Bosten required 1% of the build-
ing cost to go into art ~rk around the building. City Manager Dial stated the Mrs. Young of
our Plarning Department is talking to sane people about a display of sculpture at the opening
of the building. He felt that the City may want to start a coopetitioo for sculpturing in the
llmPdiate future.
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City Manager Dial began a discussion of possible altematives to the 1973 paving
district progran. He stated that Director of Public \..brks Kells Waggener was present to dis-
cuss with the Council the paving district for 1973. 'llle streets which are left in the City
which need to be paved are either in the sane location as the storm drainage program, or in
Scenic View which will be applicable for the urban renewal in near future.
As an altemative to the paving district, the City may consider a program to buy
right-of-way With the $52,000 which will be received fran the Arapahoe C.ounty road and bridge
n:ney next year, along with $10 ,000 left fran this year, and $110 ,000 fran the budgeting paving
district, we ~d be able to undergo a program of purchase of rights-of-way.
Director of Public Works Waggoner presented a 6-part program to the C.ouncil, of
which one or a coobination caning up to total of ~157 ,000 would be undergone. No. 1, the
widElling of Dartmouth bridge, a project which is currently being recomnended by the Traffic
conmi ssi.al. No. 2, DartmJuth Avenue wide.rung fran Delaware to Logan. No. 3, :iJiprovement
of DartJoouth and Santa Fe intersecti.on. No. 4, an overlay program after the storm seNer in-
s tallati.on. After the coostructi.on of stonn drainage, the streets would be patched, but they
wuld obviously look like a patch. 'llle overlay program would rid the City of that problem.
No. 5 , a sealcoating probX'an for the parks in which all the park parking lots would be coated.
No., 6 right-of-way purchase. Stating that these were sane of the projects that could be
undergooe, ~. Waggoner also COOlltilted that if a project costing less than the available
$157 ,000 was selected, the difference could be used in sealcoa.ting in the parks.
Councilnen Lay stated that he f clt the City should take respc:ESibility for all
streets and paving fran this time f orth. Director of Public Works Waggoner stated that he
wuld rccoomend the finishing of the currently unpaved streets before instituting that type of
progran.
Councilnen Illority inquired as to the policy en buying right-of-way. He stated
that in the past the city traded S<m? right-of-way for the illprovenents fumished that proper-
ty. He also stated that there had been sane right-of-way purchased outright in the past.
City Manager Dial stated that he w:>uld like to enphasize the right-of-way
purchase project. 'lllere are buildings in the Scenic View area which are already too close to
the road. Acti.al at this time w:>uld prevent those type of problellE in the future.
Councilnen Illority stated that perhaps what the City needed was requirements
for setback distances. City Manager Dial stated that our industrial zaie required oo set-
back. If the City went to requiring a setback . the streets that are already proper width in
the Scenic View area w:>uld also have to suffer a setback requirement. He also stated the in
the 1973 proposed budget he '110uld change the line item called ''Paving District" over to a
street inprovement item.
C.Ouncilnen SclHID stated that he '110uld like to see the DartJoouth and Santa Fe
project go into the budget.
C'ity Manager Dial inquired of the City Attorney whether the City could develop
a progran \Which '110uld prohibit the owners in the Scenic View area fran building on areas which
the City covets for future street use. City Attorney Berardini replied in the affirmative,
stating that the City could set up a street plan with the idea of purchasing the right-of-way
for streets in the future. City Manager Dial inquired whether the City wuld be able to save
m:ney by clouding the titles of the land designated for street use in this way. City Attorney
Berardini replied that he saw ro savings of cost but cnly the savings of ultimate access to
areas, \Which might be built up by that time otha:wi.se.
City Attorney Berardini replied that a street plan of this sort should properly
be considered by the Plaming and Zoning C.onmissicn.
Councilnen Sctwili inquired whether any of the streets in the Scenic View area
were paved at this time. Director of Public Works Waggoner replied that nooe of the rorth-
south streets were paved.
~CIDDfAN HEmJN; KJVED AND CXXJNCID1AN IH>RIT'i SECDIDED AKn'IOO ro DIRECT
nlE ~ AND zcmR; ClM118SI~ 'ID STUD'i 'DIE MASrER STREET PLAN, STREET WIDlH, AND DFSIWATE
~"TREET WIOIHS IN 'DIE OORI'HWFSf INOOSI'RIAL PARK ARFA. Upcn the call of the roll, the vote re-
sulted as follows:
Ayes: C.ouncil Meni>ers Schwab, Lay, Henning, lllority, Br<Ml, Senti.
Nays: Nale.
Absent: Council Menbers Blessing.
The Mayor declared the rooticn carried.
C.Ouncilman Illority stated that even though the DartJoouth project total cost
w:>uld be $243 ,000, we have only $157 ,000 available fran the paving district and road and bridge
rooney. City Manager Dial replied that the difference could be transferred out of either the
river develoµnent or core area l\J'll> suns in the budget.
Councilman Brawn COlllielted that the City could use the ReVBlue Sharing nxney.
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Councilli«llIBn Heming coomented that the houses al Dartornth were already pretty
close to the street without widening the street any further. Director of Public Works Waggener
stated that the City already owns property right-of-way en Dartornth and that the sidewalks
would not IIDVe any closer to the hoJses.
* * * * *
City Manager Dial began a discussien of the consideratien of a possible positien
regarding pending rezoning al property upcn which is situated Englewood Dam No . 1. He present-
ed to the Council a draft of a proposl..>d letter fran the Mayor to the County Conmissialers al
the proposed rezoning of the site near the Honeywell Plant. He stated that there was a water
dctenti.cn dan en the site and in the mi.d-1960's the City of Englewood tried to gain possessicn
of the Englewood Dan No. l, but was not successful in doing so. Since that time the property
has changed ownership hands. In 1965, the facility stored sooe water during the flood, and
s\i>scquE11tly gradlally released it. A study is currently uder way by the urban drainage
district to study the problem of flooding in the area. 'lhe letter "WOUld consist of a statement
that the City of Englewood opposed the rezoning and urged the upgrading of the dam in order to
help retain water in the event of a 100 year storm. Mr. Dial felt that the owners of the pro-
perty would currently be willing to give the dan to the City of Englewood if the City so de-
sired.
Councilman Illority inquired as to what kind of zoning the developers of the area
were requesting. Director of Public Works Waggener replied that they were requesting nulti-
fami.ly md comnercial zoning.
CllJNCil.MAN IH>Rl'IY M)VED AND CllJNCil.MAN LAY ~A K11'IOO AUOORIZ~ 'IHE
MAYOR 'ID SEND A LEITER 'ID 'lHE ClX.NIY CXH«SSlcm:RS OPPOOOO REZ(}ll{; AND ~ <mSIDERATIOO
OF 'IHE RETENITOO OF ~D DAM W. 1. Upoo the call of the roll, the vote resulted as
follows:
Ayes: Council Meni>ers Schwab, Lay. Henning, lhority, Br<Ml, Senti.
Nays: Nale.
Absent: Council Meni>er Blessing.
The Mayor declared the 11Dtial carried.
City Manager Dial stated that the study by McCall-Billingsoo did not include
boring tests in the dan. Director of Public Works Waggaler would like an analysis of what it
would cost to repair the dan. A proposal for this has been outlined in which the City of
F.nglewood would pay 327. of that study, which would result in a cost of approximately $4 ,000.
It would be very helpful to the City of Englewood in nBking a final decisial al their part in
retaining the dan.
Mr. Waggener stated that whoever ultimately takes possessien of the dam 'NOuld
need to know what conditicn it is in, engineeringly speaking, and what kind of cost they are
ultimately subjecting thanselves to.
Councilwoman Henning inquired as to how long the study would take. Director of
Public Works Waggoner replied that possibly o-D or o-D and one-half tIDlths.
City Manager Dial stated that he expected the M:Call-Bi.llingscn study to show
that the dan was very beneficial in the retenticn of water. He stated that he TNOuld recoomend
the approval of the engineering study in concept.
CXXK:~ HE2tiIN:; MlVED AND Cll.JNCIIMAN SCHJAB SECllIDED A MJI'IOO 'ID ACCEPI'
1llE cmr ~ FOR nIE EN;~ STUl1l IN cmCEPI' AND A5K FOR FURlHER INFURMATIOO. Upcn
the call of the roll, the vote resulted as follows:
Ayes: Council Herbers Set.Jab, Lay, Henning, Ihority, Br<Ml, Senti.
Nays: Nale.
Absent · Council Meni>er Blessing.
The Mayor declared the llDtion carried.
* * * * *
Councilman Dhority left the roan at 10:43 P.M.
* * * * *
City Manager Dial stated that there would be an ant>ulance press release at 2: 00
P.M. toourraw . Novmi>er 21, 1972.
* * * * *
Councilimlll Illority returned at 10:47 P.M.
* * * * *
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City Manager Dial stated that the Zuider Zee Restaurant has totally changed
hands in the past week and that the current owners are situated in Ft. \brth, Texas. 1he
State Liquor Comnissicn is requiring that all renewal requests for liquor licenses be into
than by Decmi>er l. 1he soonest that the City would be able to process the change in owner-
ship is at the Deceni>er 4th meeting . which would mean that the renewal form would not be able
to be in the hands of the state l iquor control coomissicn by Deceni:>er 1st. In order to be
OpE!l New Year's Eve . the restaurant would need that particular renewal license.
City Attorney Berardini cam1e11ted that if the Council OK'd it that the Zuider
Zee could show their good intentions by the way of affidavits. City Manager Dial stated that
unless the Cowcil felt othendse , the City would give the State our adninistrative approval
on renewal for both Zuider Zee and Magnet Inn if they submit affidavits to us. Additionally,
the problem of the people all being down in Ft. \brth necessitating a trip up here to appear
before Council shoul.d be considered.
Council instructed the City Attorney to make cootact with the attorneys for
Zuider Zee to work out a workable solution to the problem.
CD.H;~ lAY M1JED AND ~Cll.lolMAN HEHnR; SECXIIDED A MJITOO 'ID GIVE APPK>VAL
FOR 1HE RllEilAL OF 'llfE U<µ>R UQR>E FUR ZUIDER ZEE AND 'llfE ~ ~, PENDU«; FlJRlllER AP-
PROVAL OF 1HE ClWIIB IN CW£RSHI.P BY CXXJNCIL. Upcn the call of the roll, the vote resulted as
f ollows:
Ayes: Council Merrbers Schwab, Lay, Henning, Ihority, BrCMl, Senti.
Nays: Nale.
Absmt . Council Menber Blessing.
1hc Mayor declared the IIDtion carried.
* * * * *
Councilman Sclwab stated that the dips at Tuf ts Avmue since the overlay program
this surmer were extremely difficult to maneuver. Director of Public \brks Waggoner stated he
would check out the dips and see if any solution was possible.
* * * * *
Counci1man Sclwab inquired as to the City's sanding program in the recent soow-
stornB. Director of Public \brks Wiibgoner stated the City sand trucks will be out all night
t<Xli.ght . but the last time they got tied up in traffic since it was a daytime storm.
* * * * *
Councilman Illority stated that he observed in the Board of Career Service min-
utes that the Board of Career Service wants the Persamel Director to report directly to them,
and questioned as to the repercussions of this opinion. City Manager Dial stated that he felt
that it was cooplctely inappropriate and that perhaps there were a certain aroount of hard feel-
ings die to the recent election.
Councilman Lay stated that he was very nuch opposed to having the Persainel
Director w:>rk f or the Career Service Board.
* * * * *
Councilwomm Henning coomenting that she was out of tCMl, inquired as to
whether the Olart>er of Comnercc parade was worth our m:ney. Mayor Senti stated that he thought
it was a wrthwhile parade, but could be inproved upcn.
* * * * *
Councilman Lay stated that he was submitting his resignation for the balance of
his <:ouncil tenn, that he had enjoyed the coopani.onship and fellowship of the City Couocil,
but that pressing needs of his business and fanily had forces him to make this DDVe. Council-
womm Henning stated that Councilman Lay was a DDVing force in the adopticn of the City amend-
ment and she, for enc, was very sorry to see him go. Councilman Lay stated the resignation
was effective in mid-Deceli>er and that the Deceni>er 4th rooeting 'WOUid be his last. City
Manager Dial stated that he had been an outstanding councilman and that it would be a great
loss to the City. C.Ouncilman Brown thank Mr. Lay for the job done for the City of F.nglE!'t1Dld.
CllH:~ ~ MJVED AND CXXJNCII.MAN SCllWAB SECXlIDED A MJITOO 'ID AllJ~.
Upon the call of the roll, the vote resulted as follows:
Ayes: Counc il Merrbers Schwab, Lay, Herming, Ihority, Brown, Senti.
Nays: Ncne.
Absent: Counc il Meni>er Blessing.
1he Mayor declared the IIDtion carried.
/s/ Karl Nollenberger
ex officio Clerk of the C.Ouncil
529