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HomeMy WebLinkAbout1970-10-05 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO OCTOBER 5, 1970 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 5, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Barry Kimbrough of the Englewood United Methodist Church. Pledge of Allegiance 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 Senti, Lone, Lay, Kreiling, Dhority, Brown, 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 BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following from the list of special citizen pro- gram invitees: Mr. and Mrs. H. c. Mosbarger, 2250 West Wesley Avenue Mr. and Mrs. Merlyn D. Beaver, 713 East Amherst Place Mr. and Mrs. Herschel M. Rominger, 4600 South Galapago Street * * * * * * Mr. Harold Rust, manager of the Englewood office of the Public Service Company, appeared before City Council and presented a check for $34,500 which represented the franchise for the period from July 1 through September 30, 1970. * * * * * * Mr. Robert E. Leigh, regional manager of Alan M. Voorhees and Associates, Inc., appeared before City Council and presented a traffic report dated September 24, 1970 which discussed traffic problems in the Cinderella City -U.S. 285 area, the down- town area, and the U.S. 285 -Logan, Clarkson, Lafayette area. The report was dis- cussed with members of City Council. * * * * * * Mr. Neil Grigg of Sellards and Grigg, Inc., consultants on the city of Englewood's storm sewer project, appeared before City Council and presented an interim report on the flood drainage study. The Northeast Englewood Basin and recommended solutions were examined in depth. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT SCHEME NO. 1 FOR THE NORTHEAST ENGLEWOOD BASIN AS PRESENTED BY MR. GRIGG BE ACCEPTED, THAT THE CITY MANAGER BE DIRECTED TO CAUSE THE ENGINEERING FIRM OF SELLARDS AND GRIGG, INC. TO CONTINUE IN PRELIMINARY COST ESTIMATES ON OTHER BASINS AS PER THE PRESENT ENGINEERING AGREEMENT, AND THAT THE CITY MANAGER ALSO BE DIRECTED TO CONTACT THE VARIOUS OTHER FEDERAL AND LOCAL AGENCIES AFFECTED BY THE PROPOSED SCHEME. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 111 112 October 5, 1970 Mr. Ken Hammond, manager of the Del Farm Store, 4160 South Broadway, appeared before City Council and requested the renewal of the store's 3.2 beer license. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE 3.2 BEER LICENSE OF THE DEL FARM STORE, 4160 SOUTH BROADWAY BE RENEWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown. Nays: Councilman Schwab. Absent: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED 1971 BUDGET BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried, and the public hearing opened at 9:50 P.M. (Note: A tape recording of the public hearing is on file with the official records.) City Manager Dial appeared before City Council and made a presentation explaining the various facets of the budget. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried, and the public hearing closed at 10:15 P.M. * * * * * * Mayor Schwab called for a recess at 10:15 P.M. Council reconvened at 10:25 P.M. Upon the call of the roll, the following were present: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Absent: None. The Mayor declared a quorum present. * * * * * * A letter from City Manager Dial to the Board of County Commissioners of Arapahoe County recommending that certain projects be included in the County's annual highway requests to the State Highway Department was received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of September 9 and of the special meeting on September 28, 1970 were received for the record. The minutes of the special meeting had three recommendations attached. Mr. Kells Waggoner, Director of Public Works, appeared before City Council and discussed the three recommendations for encroachment upon City property. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT MR. BOB KELLEY, 3825 SOUTH GRANT STREET, BE GRANTED PERMISSION TO HAVE AN EIGHTEEN-INCH RETAINING WALL WHICH WOULD ENCROACH NINE FEET, SIX INCHES ON CITY PROPERTY AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE ENCROACHMENT AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. I I I I ,I I I I October 5, 1970 COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT MR. R. F. BLACK, 3821-3823 SOUTH GRANT STREET, BE GRANTED PERMISSION TO HAVE A RETAINING WALL WHICH WOULD ENCROACH NINE FEET, SIX INCHES ON CITY PROPERTY AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE ENCROACHMENT AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Kells Waggoner, Director of Public Works, reappeared before City Council and explained in detail the proposed encroachment of three-inch steel guards in the back of the property located in the alley at 4062 South Acoma Street. COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDED ENCROACHMENT FOR THE INSTALLATION OF FIVE, THREE-INCH STEEL GUARDS ADJACENT TO THE PROPERTY LINE AT 4062 SOUTH ACOMA STREET BE APPROVED PROVIDED THAT SAID ENCROACHMENT DID NOT EXTEND MORE THAN .NINE INCHES ONTO CITY PROPERTY AND THAT THE STEEL GUARDS WERE NOT PLACED IN THE CONCRETE AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE ENCROACHMENT AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * The minutes of the Water and Sewer Board meeting of September 15, 1970 with four recommendations attached were received for the record. The proposed Connector's Agreement between the City of Englewood and Cherrymoor South Water and Sanitation District was discussed. 113 Mr. Charles B. Carroll, Jr., Director of Utilities, appeared before City Council and explained the agreement. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND CHERRYMOOR SOUTH WATER AND SANITATION DISTRICT PRO- VIDING ENGLEWOOD SEWAGE TREATMENT SERVICE BY CONNECTION OF THE DISTRICT'S SEWER SYSTEM DIRECTLY TO THE ENGLEWOOD SEWER SYSTEM AT SOUTH CLARKSON STREET AND EAST JEFFERSON DRIVE BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECES- SARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carrie·d. Mr. Charles B. Carroll, Jr., Director of Utilities, appeared before City Council and explained the amendment of the agreement between the City and the Bow Mar Water and Sanitation District. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND THE BOW MAR WATER AND SANITATION DISTRICT TO PROVIDE FOR A MAXIMUM OF NINETY-FIVE SEWER TAPS 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 Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Charles B. Carroll, Jr., Director of Utilities, appeared before City Council and discussed Supplement No. 2 to the Connector's Agreement between the City of Englewood and Bow Mar Water and Sanitation District and Amendment No. 2 to the agreement between the Valley Sanitation District and Bow Mar Water and Sanitation District. 114 October 5, 1970 COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT SUPPLEMENT NO. 2 TO THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND BOW MAR WATER AND SANITATION DISTRICT AND AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE VALLEY SANI- TATION DISTRICT AND BOW MAR WATER AND SANITATION DISTRICT OF ONE ADDITIONAL RESIDENTIAL SITE REQUIRING ONE SEWER TAP BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AtrrHORIZED TO EXECtrrE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Mr. Charles B. Carroll, Jr., Director of Utilities, appeared before City Council in regard to the inclusion of certain lands owned by Mr. Irvin J. Hayutin in the vicinity of South Dahlia Street and East Orchard Avenue into the Southgate Sanitation District. City Council discussed the proposal. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE INCLUSION OF CERTAIN LANDS OWNED BY MR. IRVIN J. HAYUTIN IN THE VICINITY OF SOUTH DAHLIA STREET AND EAST ORCHARD AVENUE INTO THE SOUTHGATE SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AtrrHORIZED TO EXECtrrE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Councilman Dhority left the Council Chambers at 10:40 P.M. ****** The minutes of the Planning and Zoning Conunission meeting of August 18, 1970 were received for the record. * * * * * * City Attorney Berardini presented and discussed a memorandum dated October 1, 1970 concerning the height waiver at West Ithaca and South Delaware, Lots 9 through 16, inclusive, Block 1, Englewood. * * * * * * City Attorney Berardini reported that in the law suit regarding the City's cleaning up of the Kingsley property as directed by the court, the court stated that Kingsley only owed the City $8,400 as $900 of the $9,300 charges were spent in leveling and grading the property. Mr. Berardini stated that Mr. Kingsley had until December 30, 1970 to pay the $8,400: and if this amount was not paid, the property would be sold. * * * * * * City Attorney Berardini presented a letter from former City Attorney Criswell dated October 5, 1970 setting forth the ruling on the Atchison Ranch property owned by the City of Englewood. Mr. Berardini stated that on the 9.4 acres owned by the City which were involved in the law suit the court had determined that the land had a value of $1,400 per acre for the sand and gravel. Mr. Berardini stated that the court had upheld the claim of the Atchison's that the 50 per cent interest in mineral rights applied to the sand and gravel and that the City would receive $700 per acre. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE SANTA FE- UNION ANNEXATION BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. I I I I I I I I October 5, 1970 City Attorney Berardini presented a proposed resolution to City Council setting forth the findings of fact and conclusions on the proposed annexation. Mr. Berardini directed the City Clerk to correct line five of the fourth WHEREAS of the proposed resolution to read Article 21 instead of Article 4. RESOLUTION NO. 28, SERIES OF 1970 FINDINGS OF FACT AND CONCLUSIONS ON PROPOSED SANTA FE-UNION ANNEXATION - 181.229 ACRES MORE OR LESS. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 28, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion car~ied. Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE ANNEXING 181.229 ACRES, MORE OR LESS, OR UNINCORPORATED LAND IN ARAPAHOE COUNTY, COLORADO TO THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERA.LD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * City Manager Dial presented a memorandum dated September 16, 1970 requesting an amendment to the ordinance exempting certain items for purchase from bidding procedures. It was the consensus of City Council that the matter be discussed at a future study session. City Manager Dial pointed out that one of the items to be excluded within the ordinance was the purchase of $14,000 worth of signal equipment for the intersection of U.S. 285 and South Broadway. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY COUNCIL APPROVE AND RATIFY THE PURCHASE FROM EAGLE EQUIPMENT OF APPROXIMATELY $14,000 WORTH OF SIGNAL EQUIPMENT FOR THE INTERSECTION AT u.s. 285 AND SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * City Manager Dial pointed out to City Council that he had sent a letter to the Cherry Hills Fire Protection District stating that in the 1971 budget Fire Station No. 2 located at 590 East Quincy would be closed. Mr. Don Sebern, president of the Cherry Hills Fire Protection District requested that the City of Englewood rent the facilities to the District. City Council discussed the rental of Fire Station No. 2 to the Cherry Hills Fire Protection District. * * * * * * 115 116 October 5, 1970 City Manager Dial presented a resolution which would enable the City of Englewood to apply through the Urban Storm Drainage and Flood Control District for flood insurance with the City. City council discussed the insurance: and after discussion it was the con- sensus of City Council that Mr. Jim Quinn, representative of the District, be requested to appear before City Council and discuss the flood insurance program. · * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO CONTRACT WITH THE STATE LAND AND WATER CONSERVATION FUND FOR THE CONSTRUCTION OF THE CENTER PORTION OF BELLEVIEW PARK: SAID CONTRACT TO INVOLVE A GRANT OF $54,000. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: councilman Dhority. The Mayor declared the motion carried. RESOLUTION NO. 29, SERIES OF 1970 A RESOLUTION APPROPRIATING FUNDS WITHIN THE PARK IMPROVEMENT FUND. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 29, SERIES OF 1970 BE ADOPTED AND APPROVED. City Manager Dial discussed the additional work to be done at Centennial Park which included $450 for curb and gutter, $2,000 for bleachers and $2,000 for roofing. Mr. Dial discussed the fact that the roof was leaking with members of 'city Council. City Council discussed the responsibility for the roof leak. COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 29, SERIES OF 1970 BE ADOPTED AND APPROVED WITH THE DELETION OF $2,000 FOR THE SHELTER HOUSE DECK WORK. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 30, SERIES OF 1970 A RESOLUTION ESTABLISHING THE CLASSIFICATION OF CHIEF STOREKEEPER AND ASSIGNING IT TO GRADE 17 OF THE ENGLEWOOD CITY PAY PLAN. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. ~O, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Brown, Schwab. Nays: Councilman Lay. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * City Manager Dial requested that Assistant City Manager McDivitt be given approval to attend a day's meeting in Scottsdale, Arizona on management innovation. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT ASSISTANT CITY MANAGER MCDIVITT'S OUT-OF-STATE TRIP TO ATTEND A ONE DAY MEETING IN SCOTTSDALE, ARIZONA ON MANAGEMENT INNOVATION BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Lay, Kreiling, Brown, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. * * * * * * I I I I I October 5, 1970 City Manager Dial reminded City Council that there would ,be a study session on Wednesday, October 7, 1970, and Monday, October 12, 1970. * * * * * * Mayor Schwab stated that a letter had been received from Congressman Brotzman stating his awareness that the City of Englewood had filed an application for Federal aid for the bus line. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti; Lone, Lay, Kreiling, Brown,. Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried, and the meeting adjourned at 12:30 P.M. 117