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HomeMy WebLinkAbout1970-07-20 (Regular) Meeting Minutes·1 I I I • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORA Dn JULY 20. 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 20, 1970 at 8:00 P.M. Mayor Schwab, presiding, called .. the meeting to order. The invoc ati011 was given by Monsignor Bernard Cullen of the Saint Louia Catholic Church. Pledge of Alleginace was led by Boy Scout Troop No. 154. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Absent: Councilman Lone. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCIIMAN BROWN MOVED, COUNCIIllAN DBORI'l'Y SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 6, 1970 AND OF THE SPECIAL MEETING OF JULY 13, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mrs. Charles Henning, 3074 Cornell Circle, appeared before City Council representing the Englewood Citizens for Effective Storm Drainage and Flood Control. Mrs.Henning stated that they were in support of the proposed increase in the Englewood sales and use tax. * * * * * * Mr. Douglas Rogers, 13680 Crabapple Road, Golden, Colorado, president of Gordo'•, Inc., appeared before City Council requesting approval of the reissuance of the liquor license of the Original Mexican Cafe, Inc., 4595 South Santa Fe, to Gordo's, Inc. Mr. Roqers introduced the other officers and owners of the corporation: Mrs. Virginia A. Rogers, 13680 crabapple Road: Mrs. Lucille Roqera, 10880 Linda Vista Drive, Lakewood, Colorado: and Mr. Wesley Rogers, 10880 Linda Vista Drive. COUNCIIMAN KREILING MOVED, COUNCILMAN DBORI'l'Y SECONDED, THAT THE LIQUOR LICENSE OF THE ORIGINAL MEXICAN CAFE, INC., 4595 SOUTH SABTA FE, BB REISSUED TO GORDO'S, INC. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mr. Nate Burt, 5200 south Broadway, appeared before City Council and voiced hi• support of the one cent increase to the retail sales and use tax. Mr. Burt stated that this would have some adverse impact upon retail business, but he believed that the benefit in terms of progress in capital improvements was worth the problems. Mr. Chalmerse Parker, 3996 South Grant, appeared before City Council and stated that he saw no ill effects of the sales tax increase and that not all of the one cent increase should be used for storm sewers. Mr. Parker stated that he hoped the Council would effect a one mill reduction. Mayor Schwab requested that those in favor of the one cent increase stand. Eleven stood. No one stood in disapproval. Mr. M.M. Summers, 3140 South Delaware, appeared before City Council and voiced hi• support of the one cent increase to the retail sales and use tax. * * * * * * 77 78 July 20, 1970 COUNCIU4AN LAY MOVED, COUNCIU4AN BROWN SECONDED, THAT THE PUBLIC HEARING OR THE CREATION OF SIDEWALK DISTRICT NO. 70 BB OPENED. Upon the call of the roll, the vote re•ulted aa follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Naya: None. Absent: Councilman Lone. The Mayor declared the motion carried, and the public hearing opened at 8:55 P.M. (Note: A tape recording of the public hearing is on file with the official records.) Listed below are those individual• who appeared : before City Council in regard to Sidewalk District No. 70: Mr. Stanley H. Dial, City Manager. Mr. Kells Waggoner, Director of Public Works. Mr. Tom Westerbuhr, 3201 south Bannock. COUNCIIMAN LAY MOVED, COUNCIU4AN SENTI SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted aa follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried, and the public hearing closed at 9:40 P.M. * * * * * * Mr. Charle• B. Carroll, Director of Utilities, and Mr. Herbert McCall, con- •ultant, appeared before City Council in regard to bids received for Sewer Digester No. 2. A memorandum from Director of Finance Lyon and Director of Utilities Carroll dated July 16, 1970 with an attached letter from McCall -Ellingson Consulting Engineers dated July 13, 1970 was presented to City Council. City Council discussed the proposed bid award. COUHCIUIAN DBORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ITF.MS ONE THROUGH FOUR BE AWARDED TO DOUGAN CONSTRUCTION COMPANY IN '1'HB AMOUNT OF $13,150 AND THAT ITEM FIVE BE REBID AllD WORK COSTS ASSOCIATED WITH IT BE NEGOTIATED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Senti, Schwab. Nay•: Councilman Lay. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * The financial report for the month of June was received for the record and di•cu••ed. * * * * * * A report on the American Librarians Association Conference in Detroit was received for the record. * * * * * * The minutes of the Retirement Board meeting of July 7, 1970 were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 26, SERIES OF 1970 AR ORDIRANCE ADOPTING •THE 1969 REVISED MUNICIPAL CODE OF THE CITY OF I I I BllGLBWOOD· INCORPORATING THEREIN THE BUILDING CODE OF THE CITY AND COUNTY OF DENVER, I THE PIRB PREVBllTION CODE AND THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, THE COLORAOO STATE TRAFFIC CONTROL MANUAL, AND ALL OTHER GBlfBRAL ORDINANCES OF THE CITY OP BllGLEWOOD: PROVIDING FOR THE RBPEAL OF ALL ORDINABCES OF A GENERAL AND PERMANENT NATURE *>'I' INCLUDED THEREIN, SAVE AND EXCEPT SUCH ORDINANCES PARTICULARLY SPECIFIED AS EXCEPTED FR<»t SUCH REPEAL: PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE ARD SETTIRG FOR'ftl THE PENALTIES PROVIDED FOR IN SAID CODE: PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION OF SAID CODE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE. (copied in full in the official Ordinance Book.) I I I I July 20, 1970 COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 26, SERIES OF 1970 BB 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, Kreilin9, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Kreiling and read in full. A BILL FOR AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALB OF FERMENTED MALT BEVERAGES REAR SCHOOLS. Mrs. Barbara Burget, 4106 south Inca, appeared before City Council and inquired as to the reason for the repeal of a portion of the City Code which does not allow the sale of 3.2 beer near schools. City Council responded by stating that this was a local restriction which had been declared invalid by District Court. COUNCIUtAN KREILING MOVED, COUNCILMAN LAY 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, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a bill for an ordinance exempting from competitive bidding traffic signal equipment, firearms and those items presently exempt. City Council discussed the proposed bill with City Manager Dial. COUNCIIHAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FOR BIDDING BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Schwab. Nays: Councilmen 1Creilin9, Senti. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Attorney Berardini read letters from Royal Globe Company and former City Attorney Criswell. Mr. Berardini reported that in essence Royal Globe stated that they would indemnify all employees of the City of Englewood on false arrest for the period of time while the policy was in effect if the City would drop its present law suit against Royal Globe. Mr. Berardini recommended that the City settle out of court as proposed by Royal Globe. 79 COUNCIIMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT CITY ATTORNEY BERARDINI'S RBCQ4MENDATION THAT THE LAW SUIT AGAINST ROYAL GLOBE BE SETTLED OUT OF COURT SUBJECT TO ROYAL GLOBE INDEMNIFYING THE EMPLOYEES OF THE CITY OF ENGLEWOOD ON FALSE ARREST UP TO THE $2 MILLION LIMIT FOR THE PERIOD OF TIME WHILE THE CITY OF ENGLEWOOD WAS COVERED BY THE ROYAL GLOBE INSURANCE POLICY BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * 80 July 20, 1970 City Attorney Berardini stated that the City was presently in District Court over the condemnation of 40 acre• of land of the Atchison Ranch. Mr. Berardini stated that there waa some question as to whether the one-half gravel deposit on the property was reaerved for the Atchison• and that it might prove necessary to core the 40 acres to determine the amount of gravel reserve in order that the City might receive full compensation from the Federal Government. * * * * * * Introduced aa a Bill by Councilman Lay and read in full. A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 101 ORDERING THE CONSTRUCTION THBREIN OP SIDEWALK IMPROVDIBllTS1 Al1D PROVIDING POR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OP SUCH IMPROVEMENTS. COUYCIIMAN LAY MOVED, COUNCIU4AN DBORITY SECORDBD, THAT THE BILL FOR AN ORDillARCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN PULL IN THE EllGLBWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote reaulted as follow•: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Abaent: Councilman Lone. The Mayor declared the motion carried. * * • * * * An agreement between the City of Englewood and the Southwest Metropolitan Water and Sanitation District for the crossing of the City Ditch was presented. COUNCIIl4AN LAY MOVED, COUNCIIMAN BROWN SECORDBD, THAT THE PROPOSED AGRBIDIBRT BETWEEN 'l'BE CITY OF ENGLEWOOD AND THE SOUTHWEST METROPOLITAN WATER AND SANITATION DISTRICT POR CROSSING THE CITY DITCH BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Naya: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial presented a memorandum of October. 2, 1969 from former Aaaistant City Manager Robert Mack on the coats and fees for hearings before the various boards. It was the consensus of City Council that the memorandum be discussed at a future study session. ****** City Manager Dial reported that he appointed Mr. James L. Supinger as Planning Director to being work with the City on July 17, 1970. * • * * * * City Manager Dial presented a letter from Judge Haydn Swearingen requesting approval to attend the North American Judges Aasociation at a coat of approximately $385. COUNCIUtAN LAY MOVED, COUNCIU4AN BROWN SECORDBD, THAT JUDGE HAYDN SWBARINGEN'S RBOUBST TO ATTBllD THE NORTH AMERICAN JUDGES ASSOCIATION BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * I I I I I I I I July 20, 1970 City Manager Dial requested that City council take action in regard to the recommendation of the Preliminary Design Criteria Report by the consultant for the atorm sewers. COUNCIIltAN BROWN MOVED, COUNCIIMAN SENTI SECONDED, THAT THE PRELIMINARY DESIGN CRITERIA REPORT OF THE CONSULTANT BE ACCEPTED AND THAT HE BE AUTHORIZED TO PROCEED ON THE BASIS OF THE RECCMMENDATION: I.E., A TWO YEAR STORM FOR RESIDENTIAL AREAS AND A FIVE YEAR STORM FOR COMMERCIAL AREAS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * City Manager Dial stated that he had been contacted by Mr. John Ferguson, president of the Englewood Lions Club, in regard to the Lions Club Petting Zoo and the position of City Council in regard to the financial loas being incurred by the Zoo. Discussion ensued. COUNCIIMAN DHORITY MOVED, COUNCIIMAN SENTI SECONDED, THAT THE CITY GIVE $500 TO THE BtlGLBWOOD LIONS CWB FOR THE OPERATION OF THE LIONS CLUB PETTING ZOO IN 1970. Upon the call of the roll, the vote reaulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Senti, Schwab. Naya: councilman Lay. Abaent: Councilman Lone. The Mayor declared the motion carried. * * * * * * Mayor Schwab stated that contrary to the article in the July 16, 1970 Suburban Sun that no negotiations had been conducted with the City of Sheridan involving the incorporation of the two cities into one. * * * * * * Councilman Brown inquired as to the status of the KLZ site. City Manager Dial stated that the matter was pending before the Colorado supreme Court. * * * * * * Councilman Dhority stated that the City should encourage more businesaea to move to Englewood and that the priorities in considering Englewood by businesaes are a) parking, b) mail service, c) telephone service. City Council discussed talking with various people regarding these priorities. * * * * * * Councilman Lay reported that the Board of Directors of the Chamber of Coaaerce had that afternoon approved the financing of a capital improvement program with the one cent sales tax increase. * * * * * * Councilman Lay stated that he had received a request concerning the use of Little Dry Creek for parking. Mr. Lay requeated the manner in which one obtained approval for the usage above Little Dry Creek for parking. City Council discussed the utilization of Little Dry Creek as commercial property. Councilman Dhority requested that City Attorney Berardini give a report on the status of ownership of the land and the coat to quiet title from Logan to Bannock. * * * * * * COUNCIIMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreilin9, Lay, Senti, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried, at 12:16 P.M.