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HomeMy WebLinkAbout1971-05-03 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MAY 3, 1971 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 3, 1971, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Mayor Schwab. 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 Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: None 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 LONE SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF APRIL 19, 1971, BE APPROVED AS READ. Upon the call of the roll, the vote resulted a .s follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Robert Briola, dba Bob's Grocery and Market, 3296 South Washington Street, appeared before City Council and presented an application for a 3.2 beer license (package). COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT A 3.2 BEER LICENSE FOR BOB'S GROCERY AND MARKET BE RECEIVED AND ESTABLISHED FOR A PUBLIC HEARING ON JUNE 7, 1971, AT 8:00 P.M. roll, the vote resulted as follows: THE APPLICATION FOR THAT A DATE BE Upon the call of the Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Loren Shepherd, Van Schooneveld, Heider and Shepherd, appeared before City Council and presented the 1970 audit. Council discussed the presentation of the audit management letter to be held at a later date. * * * * * Council recessed at 8:30 P.M. for the Student Government -City Council session. Council reconvened at 9:25 P.M. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: None The Mayor declared a quorum present. * * * * * Mayor Schwab recognized Mr. Arthur Blom, Special Invitee, 4560 South Sherman Street. Mr. Blom appeared before City Council and stated that he wished to thank the Street Department for its prompt service in repair of the alley. * * * * * 207 208 May 3, 1971 Mr. Bill McDivitt, Assistant City Manager, introduced Mr. Tom Litherland and Mr. Al Black of the University of Denver who have been working with the City of Englewood in connection with the internship course offered by DU. * * * * * A sununarization of construction bids for Paving District No. 20 received on April 30, 1971, was received for the record. City Manager Dial stated that the bids received for Paving District No. 20 were well grouped. However, all exceeded the engineer's estimate by such an extent that, if accepted, the unit cost figures quoted to the property owners in the legal publications would be exceeded. Director of Public Works Waggoner presented a detailed cost comparison of the low bids, engineering estimate, and previous paving districts. City Manager Dial recommended that the bids not be accepted at this time and that the Director of Public Works meet with the bidders to determine if the cost of construction could be reduced. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY COUNCIL TABLE CONSIDERATION OF PAVING DISTRICT NO. 20 CONSTRUCTION BIDS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * A sununarization of bond bids received on April 29, 1971, for Paving District No. 20, was received for the record. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE BOND BIDS FOR PAVING DISTRICT NO. 20 BE ACKNOWLEDGED AND TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * A memorandum to the City Manager regarding the 11 911 11 emergency reporting telephone number and the minutes of the 11 911 11 meeting of April 23, 1971, were received for the record. City Manager Dial discussed with Council a 11 911 11 committee to be appointed by the various governmental entities affected by this communications service. Mayor Schwab appointed Councilman Lay and Assistant City Manager McDivitt to the committee. * * * * * The minutes of the Planning and Zoning Commission meeting of April 6, 1971, were received for the record. * * * * * The minutes of the Workable Program Citizens' Committee meeting of April 22, 1971, with two memoranda attached, were received for the record. City Council discussed the recommendation that all alternate members be designated as full voting members of the Workable Program Citizens Committee. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL DETERMINE THAT ALL ALTERNATE MEMBERS OF THE WORKABLE PROGRAM CITIZENS' COMMITTEE BE DESIGNATED AS REGULAR VOTING MEMBERS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. I I I I :1 I I I May 3, 1971 The City Council discussed the reconunendation that consideration be given to the appointment of representatives of the minority conununity from areas of concern to the Workable Program Citizens' Conunittee. It was the consensus of Council that consideration would be given to the enlargement of the Workable Program Citizens' Cormnittee if names were suggested by that conunittee. · * * * * * The minutes of the Water and Sewer Board meeting of April 20, 1971, with three memoranda attached, were received for the record. The subject of the first memorandum, that the City Code should be amended to require all new water service to be metered, was discussed. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE RECOMMENDATION BE ACCEPTED AND THAT THE CITY ATTORNEY BE AUTHORIZED AND DIRECTED TO PREPARE A BILL FOR AN ORDINANCE CAUSING ALL NEW WATER SERVICE TO BE METERED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. A memorandum reconunending the leasing of the newly acquired sewage disposal plant property to Mr. Joe Clapp for farming purposes was received and discussed. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL APPROVE A ONE-YEAR LEASE WITH MR. JOE R. CLAPP FOR TEN ACRES OF LAND ADJACENT TO THE SANITARY SEWAGE DISPOSAL SITE AND AUTHORIZE THE MAYOR AND CITY CLERK TO SIGN SAID LEASE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. A memorandum reconunending Supplement No. 1 to the Connector's Agreement with Country Homes Sanitation District No. 1 and approval of companion agreement was discussed. Assistant City Manager McDivitt appeared before City Council and pointed out the area included within Supplement No. 1. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT SUPPLEMENT NO. 1 TO THE CONNECTOR'S AGREEMENT WITH COUNTRY HOMES SANITATION DISTRICT NO. 1 AND THE COMPANION AGREEMENT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN SAID SUPPLEMENT AND COMPANION AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: Councilman Lone Absent: None The Mayor declared the motion carried. City Manager Dial stated that at the April 20 Water Board meeting the Council had considered an agreement for property located at 11 Martin Lane to be allowed to connect into the Cherrymoor South Sanitation District sewer line. Mr. Dial stated that several legal objections had been raised at the meeting and the agreement had not been approved. However, these objections have been satisfied and via telephone poll the Water and Sewer Board had approved the agreement on May 3. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT AN AGREEMENT ALLOWING 11 MARTIN LANE TO CONNECT INTO THE CHERRYMOOR SOUTH SANITATION DISTRICT BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: Councilman Lone Absent: None The Mayor declared the motion carried. * * * * * The list of sidewalks to be included in Sidewalk Improvement District No. 71 was received for the record. * * * * * 209 210 May 3, 1971 BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1971 AN ORDINANCE VACATING A PORTION OF WEST JEFFERSON AVENUE AS SHOWN ON SKERRITS ADDITION, SECOND FILING: A PORTION OF SOUTH HURON STREET AND A PORTION OF WEST CORNELL ,. AVENUE, AS SHOWN ON TAYLOR'S ADDITION, ALL WITHIN THE CITY OF ENGLEWOOD AS RECORDED: RETAINING AND RESERVING EASEMENTS FOR ALL UTILITIES, SURFACE AND SUBSURFACE STORM DRAINAGE. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 14, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1971 AN ORDINANCE REPEALING AND REENACTING SECTION 3, CHAPTER 3 OF TITLE V, '69 E.M.C., ENTITLED "VETERANS' PREFERENCE," PROVIDING FOR THE GRANTING OF PREFERENCE IN EMPLOYMENT AND RETENTION TO VETERANS AND ESTABLISHING AN EFFECTIVE DATE THEREOF. (Copied in full in the official Ordinance Book.) COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT ORDINANCE NO. 15, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE AMENDING SECTION 2, CHAPTER 2, TITLE XIV, '69 E.M.C., ENTITLED "STATE SPEED LAWS APPLICABLE," BY ESTABLISHING A FIFTEEN (15) MILE-PER-HOUR MAXIMUM SAFE SPEED LIMIT WITHIN OR THROUGH ANY ALLEY IN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE 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 Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Attorney Berardini reported on the Service Oil case concerning the property located at the northeast corner of Bannock and Hampden. Mr. Berardini stated that in May, 1969, the service station had burned, and due to the fact that it was a non-conforming use the Board of Adjustment and Appeals had refused a building permit for reconstruction. Mr. Berardini stated that the court had found .that the city's ordinance is unconstitutional in not allowing reconstruction of non-conforming uses based upon the Denver Buick case. Mr. Berardini recommended an appeal of the case to the Colorado State Supreme Court. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED AND DIRECTED TO APPEAL THE SERVICE OIL CASE TO THE COLORADO SUPREME COURT AND THAT A STAY OF EXECUTION OF THE DECISION CAUSING THE CITY TO ISSUE A BUILDING PERMIT BE SOUGHT. Upon the call of the roll, the vote resulted as follows: I I I I I I I I May 3, 1971 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Attorney Berardini stated that a Mr. Beardsley who was convicted of robbery of a Safeway store had entered suit against the City of Englewood for recovery of $350.00 of money being held by the City for disposition. Mr. Berardini stated that he would defend the case for the City of Englewood, unless otherwise instructed by Council. * * * * * A memorandum from Mr. Kells Waggoner, Director of Public Works, regarding placement of the power lines underground in the vicinity of City Hall, and a copy of a letter from Mr. Tyrner Rice of the Public Service Company were received for the record. City Manager Dial discussed the placement of power lines underground in the City Hall area. COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE CITY COUNCIL APPROVE THE UNDERGROUNDING OF POWER LINES IN THE CITY HALL AREA AND ORNAMENTAL LIGHTING AS PROPOSED IN THE MEMORANDUM. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * RESOLUTION NO. 22, SERIES OF 1971 A RESOLUTION APPROPRIATING FUNDS TO THE POLICE DEPARTMENT. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 22, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lon~ Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Dial requested approval for the Chief Building Inspector to attend the International Conference of Building Officials in Honolulu, Hawaii, October 6-13 at an estimated expense of $400.00. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE ATTENDANCE OF THE CHIEF BUILDING INSPECTOR AT THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS IN HONOLULU, HAWAII, ON OCTOBER 6-13 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Dial requested the approval of the attendance of the Fire Training Captain at the Annual Fire Seminar on "Causes and Origin of Fires and Explosions" in Chicago on June 9, 10, and 11, 1971. Mr. Dial stated the estimated aost is $200.00. 211 212 May 3 , 1971 COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE ATTENDANCE OF THE FIRE TRAINING CAPTAIN AT THE CHICAGO SEMINAR ON FIRES AND EXPLOSIONS BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * It was the consensus of Council that a study session be established for May 10, 1971, at 7:30 P.M. * * * * * City Manager Dial stated that he had received a letter trom Mr. Jack DeVivier, Chairman of the Career Service Board, stating that the annual recommendation for wages and salaries of city employees would be submitted upon refinement of the Career Service Board 's recommendations after discussions with employee groups. * * * * * City Manager Dial stated that the City Council had received an invitation from the Englewood Merchants Association to attend a tribute to Senior Citizens to be held at 2:00 P.M. on Friday, May 7, at the Denver Dry Goods store. The meeting would include an autograph party for the book Englewood From the Beginning. * * * * * City Manager Dial reported that Englewood had received notice of approval of a Federal grant for purchase of buses for the Englewood-Littleton-Fort Logan Bus Line. Mr. Dial stated that the date for opening bids is June 21 with delivery estimated at October 26. * * * * * Mayor Schwab requested approval of the attendance of himself and City Manager Dial to a seminar on data processing to be held in Wichita Falls, Texas, on May 7th. COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE REQUEST FOR ATTENDANCE OF THE MAYOR AND CITY MANAGER AT THE DATA PROCESSING SEMINAR TO BE HELD IN WICHITA FALLS, TEXAS, ON MAY 7, BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti. Nays: None Abstaining: Mayor Schwab Absent: None The Mayor declared the motion carried. * * * * * Councilman Senti presented on behalf of the Denver Regional Council of Governments a membership certificate for the City of Englewood to the COG since September 6, 1966. * * * * * Councilman Brown stated that he wished to withdraw his remarks placed as a citizen at the April 19 City Council meeting concerning the 7-11 beer outlet. * * * * * Councilman Brown stated that the people in the 2700 block of South Pennsylvania are still concerned about the removal of trees in that block and wished the City Council to reconsider narrowing the sidewalk from 48 inches to 32 inches. ~~ G COUNCILMAN LONE MOVED, COUNCILMAN SECONDED, THAT THE CITY COUNCIL CONSIDER THE PAVING PLANS IN THE 2700 BLOCK OF SOUTH PENNSYLVANIA AND PLACE A 32 INCH SIDEWALK INSTEAD OF A 48 INCH SIDEWALK IN THAT BLOCK IN ORDER TO SAVE THE TREES. Discussion ensued. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Brown Nays: Councilmen Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: None The Mayor declared the motion failed. * * * * * I I I I I May 3, 1971 COUNCILMAN LAY MOVED, COUNCI~ ~NE SECONDED, THAT THE MEETING BE RECESSED TO MAY 10, 1971, AT 7:30 P.M. TO CONSIDER PAVING DISTRICT NO. 20 FURTHER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling,Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried, and the meeting adjour 12:05 P.M. 213