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HomeMy WebLinkAbout1971-04-05 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 5, 1971 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 5, 1971, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Befry Kimbrough of the Englewood Methodist Church. The Pledge of Allegiance was led by Boy Scout Troop No. 58. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: Councilman Brown The Mayor declared a quorum present. Also present were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini City Clerk Lyon * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 15, 1971, AND THE MINUTES OF THE PUBLIC HEARING ON PAVING DISTRICT NO. 19 OF MARCH 22, 1971, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * Mr. Sam Crouch of the International Union of Operating Engineers, Local Union No. l, AFL-CIO, appeared before City Cou~il and requested recognition of his Union by Council. Mr. Crouch stated that he represented approximately 22 employees of the City of Englewood, which was 100 per cent of all employees in the Water and Sewer Plant. The City Council discussed the recognition of this Union and informed Mr. Crouch that they would be in touch with him by letter. * * * * * Mr. Harold Rust, Manager, Englewood office of the Public Service Company, appeared before City Council and presented a check in the amount of $45,765.28 for the first quarter of 1971 and for the unpaid balance due from the year 1970. Mr. Rust stated that the quarterly franchise payments for 1971 had been estimated at $37,000.00. * * * * * Mrs. Ruth Keen, 2747 South Pennsylvania, appeared before City Council and presented a letter which was read in full dated March 19, 1971, requesting that the sidewalk for the paving of the 2700 block of South Pennsylvania be reduced in size in order that several trees might be saved and the environmental stability protected. City Manager Dial reported on the condition of the trees in the 2700 block of South Pennsylvania. Mrs. Rayline Goeken appeared before City Council and discussed the need to save the trees. City Council discussed the paving with Mrs. Keen and Mrs. Goeken. * * * * * Director of Finance Lyon introduced Mr. Joe Kirschner, recently appointed Project Coordinator for the Arapahoe Regional Automated Property Subsystem. Mr. Kirschner spoke briefly about the ARAPS project. * * * * * The City Council continued discussion of the width of the sidewalk to be used in the 2700 block of South Pennsylvania. 195 196 April 5, 1971 COUNCILMAN LONE MOVED, COUNCILMAN SENTI SECONDED, THAT THE PUBLIC WORKS DEPARTMENT BE DIRECTED TO ALIGN THE PAVING OF THE 2700 BLOCK OF SOUTH PENNSYLVANIA THREE FEET FURTHER TO THE WEST THAN ORIGINALLY PLANNED IN ORDER TO SAVE TREES ON THE EAST SIDE OF THE STREET. Discussion continued. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority. Nays: Councilmen Lay, Schwab. Absent: Councilman Brown. The Mayor declared the motion carried.' * * * * * Mr. Bill Malone, representing the 90 W-B Corporation at 90 West Belleview Avenue, appeared before City Council. Mr. Malone presented a letter dated April 1, 1971, requesting that the City Council not treat the issuance of a 3.2 beer license as a new license but rather a substitution of a beer and wine license. Mr. Malone stated that Mr. Chilton of the State Liquor Control Division had indicated that the State would accept the City's determination. City Attorney Berardini stated that in his opinion the clientele for beer and wine licensing is substantially different than that of a 3.2 :beer license establishment and he believed that a public hearing to establish the needs of the neighborhood would be required. Discussion ensued. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT A NEW APPLICATION ESTABLISHING THE NEEDS OF THE NEIGHBORHOOD FOR THE ISSUANCE OF A 3.2 BEER LICENSE AT 90 W-B CORPORATION BE REQUIRED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * Mr. George Carter, representing Mr. and Mrs. Tamas D. Kesmarki, 1222 South Corona Street, Denver, Colorado, appeared before City Council and requested City Council's approval in the change of ownership of stock from Mrs. Ann Scoggins to Mr. Tamas D. Kesmarki. Mr. Carl Harthun, Attorney, 910-16th Street, Denver, Colorado, representing Mrs. Scoggins, current license holder, appeared before City Council. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY COUNCIL APPROVE THE CHANGE IN OWNERSHIP OF THE STOCK OF PLANTATION, INC., D/B/A THE STUDIO, 5020 SOUTH BROADWAY, FROM MRS. ANN SCOGGINS TO MR. TAMAS D. KESMARKI •. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * Mrs. Lucille Reed, Box 176, Indian Hills, Colorado, Project Director of Serve-A-Meal to Seniors (SAMS), appeared before City Council. Mrs. Reed explained that the SAMS Program was financed under a Title IV demonstration grant of the United States Department of Health, Education and Welfare and that the purpose of the progr.am was to serve a hot, tasty meal to senior citizens at a reasonable price in a soci~l setting. Mrs. Reed introduced Mr. Lawrence Shanks, 4015 South Grove. Mr. Shanks discussed the SAMS project. Mrs. Reed stated that it was the hope of the people involved in the project that it continue even if Federal funding were not continued. * * * * * City Manager Dial discussed the bids received for the animal shelter which had substantially exceeded the architect's estimate. Mr. Dial submitted a memorandum dated April 5, 1971, setting forth a negotiated price for the project. The total project estimate under a negotiated price is $33,553.00. I I I I ,I I I I April 5, 1971 Mr. Don Marshall, Architect, appeared before City Council and discussed the project. Mr. Marshall stated that the square footage under the negotiated bid had been reduced by 60 feet, the building had been made completely rectangular, steel partitions had been used instead of brick, a steel span roof had been employed and the mechanical arrangements for the structure had been changed. City Council discussed the project. COUNCILMAN LAY MOVED, COUNC .ILMAN KREILING SECONDED, THAT THE CITY COUNCIL AtrrHORIZE THE MAYOR AND CITY CLERK TO EXECtrrE A NEGOTIATED CONTRACT WITH J. L. WILLIAMS CONSTRUCTION COMPANY ON THE BASIS PROVIDED IN THE MEMORANDUM OF APRIL 5, 1971, PROVIDING THAT CONCRETE TESTS BE A PART OF THE CONTRACT COSTS AND THAT THE MAYOR BE SATISFIED ON THE BASIS OF INFORMATION FROM TRI-COUNTY HEALTH DEPARTMENT THAT THE MECHANICAL ARRANGEMENTS ARE ADEQUATE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * A memorandum from Mr. Stanley H. Dial, City Manager, recommending the creation of a special committee to study the City's animal control program and make reconunendations for improvements, was received for the record. City Manager Dial's memorandum dated April 2, 1971, concerning animal control recormnended that a committee consisting of a member of City Council, a veterinarian, a kennel owner, a representative of the Tri-County Board of Health, the Chief of Police, and two citizens at large be appointed to study animal control within the City of Englewood. It was the consensus of the Council that names for the committee be discussed at the next study session. Councilman Howard Brown was suggested as the Council's representative to the committee. * * * * * A letter from Mr. Richard D. MacRavey, Executive Director, Colorado Municipal League, requesting certain municipal officials to attend a LEGISLATIVE BRIEFING at 6:30 P.M. on Wednesday, April 7th, at the Brown Palace Hotel, was received for the record. * * * * * The minutes of the Planning and Zoning Commission meeting of February 2, 1971, were received for the record. * * * * * A memorandum from the Planning and Zoning Commission recommending the vacation of South Huron Street between West Cornell Avenue and West Dartmouth Avenue and West Cornell Avenue between the South Galapago Street-South Huron Street alley, and South Huron Street, was received for the record. Mr. Tom Eitel, Attorney, appeared before City Council concerning the request for vacation of a portion of South Huron Street and West Cornell Avenue. The City Council discussed the vacation with Mr. Eitel and the provision for access to the Winslow Construction road in such a way that traffic would not be impeded. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION FOR THE VACATION OF SOtrrH HURON STREET BETWEEN WEST CORNELL AVENUE AND WEST DARTMOUTH AVENUE AND WEST CORNELL AVENUE BETWEEN THE SOtrrH GALAPAGO STREET-SOtrrH HURON STREET ALLEY, AND SOUTH HURON STREET, BE APPROVED AND THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A BILL FOR AN ORDINANCE EFFECTING SAID VACATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * A memorandum from the Planning and Zoning Cormnission recommending the vacation of West Jefferson Avenue from the west line of South Bannock Street to the east line of the South Bannock Street-South Cherokee Street alley, was received for the record. COUNCILMAN LONE MOVED, COUNCILMAN SENTI SECONDED, THAT THE VACATION OF WEST JEFFERSON AVENUE FROM THE WEST LINE OF SOUTH BANNOCK STREET TO THE EASE LINE OF SOUTH BANNOCK STREET-SOUTH CHEROKEE STREET ALLEY, AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION, BE APPROVED AND THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A BILL FOR AN ORDINANCE EFFECTING SAID VACATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * 197 198 April 5, 1971 The minutes of the Board of Career Service Commissioners meeting of March 18, 1971, with a reconunendation that the position of Recreation Supervisor be established at Grade 22, were received for the record. City Council discussed the recommendation. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION BE TABLED FOR FURTHER DISCUSSION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Dhority, Schwab. Nays: Councilman Kreiling Absent: Councilman Brown Th e Mayor declared the motion carried. * * * * * The minutes of the Water and Sewer Board meeting of March 16, 1971, with three memoranda attached, were received for the record. A memorandum recommending that the Right-of-Way Agreement between the City of Englewood and Mr. Alvin Jay Ratliff, whereby Mr. Ratliff is granted permission to realign City Ditch where it adjoins his property at 3430 South Grant, was discussed by City Council with Mr. Dial and Mr. Charles Carroll, Director of Utilities. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION THAT THE RIGHT-OF-WAY AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MR. ALVIN JAY RATLIFF, WHEREBY MR. RATLIFF IS GRANTED PERMISSION TO REALIGN CITY DITCH WHERE IT ADJOINS HIS PROPERTY AT 3430 SOUTH GRANT, BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Councilman Lone stated that the encroachment and realignment of City Ditch should have been brought before City Council before construction was commenced. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Schwab. Nays: Councilman Lone Absent: Councilman Brown The Mayor declared the motion carried. City Council discussed a memorandum from the Water and Sewer Board recommending that a quit claim deed conveying the City's interest in land associated with the Little Beaver Creek interceptor on the Ranch Creek Water Diversion project near Fraser, Colorado, be authorized for execution. Mr. Charles Carroll, Director of Utilities, reappeared before City Council and discussed the conveyance. Mr. Carroll indicated that the City had obtained the Sloan property previously through condemnation for a sum of $1,800.00 and that this sum would not be repaid to the City. Discussion ensued. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE ITEM BE TABLED •. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. A memorandum recommending the extension of a lease agreement between the City of Englewood and Public Service Company of Colorado, whereby five wells owned by Public Service Company on their Clay Street property would be rented to the City of Englewood for $1.00 per year, was discussed. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE RECOMMENDATION EXTENDING THE LEASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND PUBLIC SERVICE COMPANY OF COLORADO, WHEREBY FIVE WELLS OWNED BY PUBLIC SERVICE COMPANY ON THEIR CLAY STREET PROPERTY WOULD BE RENTED TO THE CITY OF ENGLEWOOD FOR $1.00 PER YEAR, BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE PROPOSED AND FUTURE LEASE AGREEMENTS FOR THE CLAY STREET PROPERTY WELLS WITH PUBLIC SERVICE COMPANY OF COLORADO. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * I I I I I I I I April 5 , 1971 The Mayor called a recess at 11:00 P.M. The meeting reconvened at 11:15 P.M. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilman Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: Councilman Brown Th e Mayor declared a quorum present. * * * * * BY AUTHORITY ORDINANCE NO. 10, SERIES OF 1971 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 70 IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND COHPIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS. (Copied in full in the official Ordinance Book.) COUNCILMAN SENTI MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 10, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Ma y or declared the motion carried. * * * * * BY AUTHORITY ORDINANCE NO. 11, SERIES OF 1971 AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION WATER IMPROVEMENT BONDS OF SAID CITY IN THE PRINCIPAL AMOUNT OF $2,200,000, FOR THE PURPOSE OF PROVIDING FUNDS WITH WHICH TO EXTEND AND IMPROVE THE MUNICIPAL WATER SYSTEM OF SAID CITY: PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON. (Copies in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. tl, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * In t roduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 19, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Ma y or declared the motion carried. * * * * * 199 200 April 5, 1971 Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE REPEALING SECTIONS 31 THROUGH 35, INCLUSIVE, CHAPTER 2, TITLE IX OP '69 E.M.C., ENTITLED "MUSIC BOXES: MECHANICAL DEVICES," TO ABOLISH THE REQUIREMENT FOR LICENSES AND LICENSE FEES FOR JUKEBOXES AND MECHANICAL AMUSEMENT DEVICES. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown The Mayor declared the motion carried. * * * * * A memorandum from Mr. Stephen A. Lyon, Director of Finance, concerning sununons' service, was received for the record. A resolution appropriating funds to the Municipal Court was received for the record. City Council discussed the supplemental appropriation to the Municipal Court for the extra court day in summons service. It was the consensus of the Council that the supplemental appropriations be held over to the next City Council meeting. * * * * * After discussion, it was the consensus of Council that a study session be established for Monday, April 12, 1971. * * * * * City Manager Dial presented bond prospectuses for $427,000 of Paving District No. 20 bonds. * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted -as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None Absent: Councilman Brown. The Mayor declared the motion carried, and the meeting adjourned at 11:40 P.M. I I