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HomeMy WebLinkAbout1970-05-04 (Regular) Meeting MinutesII I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MAY 4, 1970 The City Council of the City of Englewood, Arapahoe county, Colorado, met in regular session on May 4, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Bruce G. Currier of the Hampden Hills Baptist Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following we re present: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Absent: Councilman Kreiling. The Mayor declared a quorum present. Also present were: City Manager Dial, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE MINUTES OF THE APRIL 20, 1970 REGULAR MEETING BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. and Mrs. Robert E. Mcvay, 3462 South Grant S t reet, and Mrs. William H. Triggs, 4300 South Jason Street, from the list of "Special C itizen Program Invitees." Mayor Schwab also recognized Mrs. Bernard V. Berardini and family. * * * * * * Mr. Todd Baker, representing Mr. Jerry Sturm of the Peanut Barrel, 3535 South Huron, appeared before City council. Mr. Baker indicated that the Peanut Barrel r e staurant was 98 per cent completed; however, it had not received a Certificate of Occupancy because they did not have a co2 extinguisher and the parking lot was not paved. Mr. Baker stated that the tri-County Health had approved the facility, and he presented the approval of Tri-County. City council discussed the openi.ng of the Peanut Barrel with Mr. Baker. Mr. Jerry Sturm, 3184 Edgemore Drive, appeared before City Council concerning t h e opening of the Peanut Barrel. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE $5,000 CASH BOND POSTED BY MR. STURM BE RETAINED UNTIL THE REST~URANT IS OPENED FOR BUSINESS AND THE LIQUOR LICENSE GRANTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti. Nays: Mayor Schwab. Absent: Councilman Kreiling. The Ma y or declared the motion carried. * * * * * * Mayor Schwab called for a recess at 8:25 P.M. for the holding of the Student City Council session. Council reconvened at 9:20 P.M. Upon the call of the roll, the f ollowing were present: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Absent: Councilman Kreiling. The Mayor declared a quorum present. * * * * * * 42 May 4, 1970 The minutes of the Planning and Zoning Commission meetings of March 31, 1970 and April 21, 1970 were received for the record. Two memorandums were attached to the April 21, 1970 minutes. Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE VACATING WEST TUFTS AVENUE PRESENTLY EXISTING WITHIN CENTENNIAL PARK LYING EAST OF SOUTH DECATUR STREET AND IN THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M. WITHIN THE CITY OF ENGLEWOOD, STATE OF COLORADO. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Kreiling. The Mayor declared the motion carried. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION THAT THE PORTION OF ENGLEWOOD-BELLEVIEW PARK COMMONLY KNOWN AS THE HERNDON PROPERTY BE ANNEXED BE APPROVED AND THAT THE CITY ATTORNEY BE AUTHORIZED TO DRAW UP THE NECESSARY ANNEXATION PAPERS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * The minutes of the Water and Sewer Board meeting of April 21, 1970 with five memorandums attached were received for the record. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council and stated that the recent Connector's Agreement with the Greenbelt Sanitation District contained an error in the legal description and reconunended that the City Council approve a new Connector's Agreement containing the correct description. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE CONNECTOR'S AGREEMENT WITH GREENBELT SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY PAPERS. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council in regard to the recommendation that additional lands be included in the Greenbelt Sanitation District. Mr. Carroll indicated the area which would be included within the Greenbelt Sanitation District and stated that approximately 30 acres were in the area. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE RECOMMENDATION CONCERNING THE INCLUSION OF ADDITIONAL LANDS INTO THE GREENBELT SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows : Ayes: Councilmen Brown, Dhority, Lay, Lone,. Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council in regard to the memorandum recommending that a letter of intent be written to Celebrity Homes, Inc. advising them that the City would consider the inclusion of 160 acres into the Southgate Sanitation District. City Council discussed the recommendation. ·t I I I I I I I I May 4, 1970 COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT A LETTER OF INTENT BE ISSUED TO CELEBRITY HOMES, INC. STATING THAT THE CITY INTENDS TO INCLUDE AN ADDITIONAL 160 ACRES IN THE SOUTHGATE SANITATION DISTRICT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: councilman Kreiling. The Mayor declared the motion carried. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council and discussed the reconunendation regarding revisions to water tap assessments. RESOLUTION NO. 13, SERIES OF 1970 A RESOLUTION REVISING WATER TAP ASSESSMENTS INSIDE AND OUTSIDE THE CITY OF ENGLEWOOD, COLORADO, IN ACCORDANCE WITH THE MUNICIPAL CODE, CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 13, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council and discussed the reconunendation concerning the purchase of eight shares (inches) of McBroom Ditch Water Rights. Mr. Carroll stated that Mr. Mark Shivers, attorney for the Water and Sewer Board, indicated that the City should protect its rights in McBroom Ditch and stated that Mr. Dial, City Manager, had reconunended that the McBroom Ditch rights be preserved and that eight shares as proposed be purchased. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE RECOMMENDATION THAT EIGHT SHARES OF MCBROOM DITCH WATER RIGHTS BE PURCHASED BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, ·Dhority, Lay, Lone, Senti, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * The minutes of the Public Library Board meeting of April 14, 1970 were received for the record. ****** The minutes of the Board of Adjustments and Appeals meeting of March 11, 1970 were received for the record. * * * * * * Councilman Lay left the Council Chambers at 9:55 P.M. * * * * * * BY AUTHORITY ORDINANCE NO. 12, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 6.7-15 ENTITLED "VETERAN'S PREFERENCE, SUBSECTION (b) PERIODS OF SERVICE" OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY CONFORMING SAID ORDINANCE TO THE PROVISIONS OF ARTICLE XII, SECTION 14, CONSTITUTION OF THE STATE OF COLORADO. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 12, SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lone, Senti, Schwab. Nays: None. Absent: Councilmen Lay, Kreiling. The Mayor declared the motion carried. * * * * * * 43 May 4, 1970 BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1970 AN ORDINANCE AUTHORIZING THE SALE OF THE CITY'S INTEREST IN REAL PROPERTY TO THE ENGLEWOOD SCHOOL DISTRICT NO. 1. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 13, I SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lone, Senti, Schwab. Nays: None. Absent: Councilmen Lay, Kreiling. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1970 AN ORDINANCE AWARDING CONTRACTS FOR CONSTRUCTION OF IMPROVEMENTS ON HAMPDEN PLACE BETWEEN SOUTH CHEROKEE AND SOUTH ELATI CONSISTING OF CONCRETE AND PAVING, TO J & N CONCRETE CO. AND TO PETER KIEWIT SONS' CO. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 14, SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HE RALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Lone, Senti, Schwab. Nays: None. Absent: councilmen Lay, Kreiling. The Mayor declared the motion carried. * * * * * * The City Council discussed the bill for an ordinance amending the Model Traffic Code concerning the parking of large mobile equipment upon the City of Englewood streets. City Attorney Berardini indicated that subparagraphs (b) and (c) should be de l e ted as they were covered in another chapter of the City Code. I n t roduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE AMENDING "THE MODEL TRAFFIC CODE," CHAPTER 25.l ENTITLED "TRAFFIC AND MOTOR VEHICLES" OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, BY ADDING A NEW SECTION THERETO RESTRICTING PARKING OF SPECIAL MOBILE EQUIPMENT, TRAILERS, TRUCKS, AND COMMERCIAL VEHICLES WITHIN ANY RESIDENTIALLY ZONED AREA OF THE CITY OF ENGLEWOOD. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE PROPOSED BILL FOR JN ORDINANCE BE AMENDED TO DELETE SUBSECTIONS (b) AND (c) AND THAT IT BE PASSED ON FIRST READING AS AN AMENDED BILL FOR AN ORDINANCE 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, Lone, Senti, Schwab. Nays: None. Absent: Councilmen Lay, Kreiling. The Mayor declared the motion carried. * * * * * * Councilman Kreiling entered the Council Chambers at 10:07 P.M. and took his seat with Council. * * * * * * City Attorney Berardini indicated that the Director of Finance requested that q uiet title action be instituted on three parcels of property that had been acquired through tax deed during 1969. Director of Finance Lyon appeared before City Council and explained the l ocat i on of the three parc e ls. I I I I I I I May 4, 1970 COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO INSTITUTE QUIET TITLE ACTION ON THE THREE PARCELS OF PROPERTY ACQUIRED BY TAX DEED DURING 1969. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * City Manager Dial stated that the City Council should declare a study session for May 11, 1970 at 7:30 P.M. to discuss such items as storm sewer financing, storm drainage, employees' salaries, a city forester, traffic engineering study, and other matters. * * * * * * City Manager Dial reviewed the bids received for a lift station to be con- structed in conjunction with the Servicenter. Mr. Dial stated that the low bid had been that of Robert Dougan Construction Company in the amount of $6,300. Mr. Dial stated that the Director of Public Works believed that the cost was excessive and recommended award based upon a cost plus basis under a different construction method. Mr. Dial stated that if the different construction method was not satisfactory it would be necessary to revert to the $6,300 low bid. COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED, THAT THE CITY AWARD THE CONSTRUCTION OF A SEWER LIFT STATION TO ROBERT DOUGAN CONSTRUCTION COMPANY ON A COST PLUS BASIS AND THAT AT ANY TIME THE COST PLUS BASIS WITH THE CONSTRUCTION METHOD REQUIRED APPEARED NOT TO BE SATISFACTORY THAT THE CITY REVERT TO THE CONSTRUCTION OF THE LEFT STATION ON THE BASIS OF THE $6,300 ORIGINAL BID. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * City Manager Dial reviewed the bids received for the construction of Paving District No. 19. COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT THE BID OF ASPHALT PAVING COMPANY FOR PAVING DISTRICT NO. 19 IN THE AMOUNT OF $333,808.26 BE DEEMED LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCU- MENTS. Upon the call of the roll, the vote resulted as follows~ Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * City Manager Dial reviewed the bids received for Paving District No. 19 bonds. Mr. Dial stated that the low bid of Kirchner, Moore and Company at a net effective rate of 6.32646 per cent was the lowest and best. Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE At11'HORIZING THE ISSUANCE OF CITY OF ENGLEWOOD, COLORADO, PAVING DISTRICT NO. 19 BONDS: PRESCRIBING THE FORM OF SAID BONDS, AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND E~"TERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * 45 46 May 4, 1970 Councilman Brown called the City Council's attention to a recent article in the Southland News about the trouble caused by the purchase of 3.2 beer by young people from an establishment located on South Broadway in Arapahoe County. Mr. Brown stated that this was a serious problem. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN SENTI SECONDED, THAT THE MEETING BE ADJOURNED .. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried, and the meeting adjourned at 10:32 P.M. I I I I