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HomeMy WebLinkAbout1968-09-03 (Regular) Meeting Minutes240 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 3, 1968 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 3, 1968, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by the Reverend Fredrick F. Hahn of the Immanuel Lutheran Church. Pledge of Allegiance was led by Boy Scout Troop 92. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Dhority, Schwab. Absent: Councilman Kreiling. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF AUGUST 6, 1968, AND AUGUST 19, 1968, AND OF THE SPECIAL MEETING OF AUGUST 26, 1968, BE APPROVED AS SUBMITTED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Dhority, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. Fire Chief Sovern appeared before City Council and presented a memorandum dated August 29, 1968, discussing prices on the accessory equipment for the aerial platform. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE BID OF SNORKEL, INC. FOR AN AERIAL PLATFORM IN THE AMOUNT OF $76,183 BE ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. CERTIFICATE NO. 8, SERIES OF 1968 I , Stephen A. Lyon, Director of Finance, City of Englewood, Colorado, do hereby certify that there is a Fund Balance in the Public Improvement Fund of $496.69, unencumbered and available for appropriation. Dated this 3rd day of September, 1968. /s/ Stephen A. Lyon STEPHEN A. LYON Director of Finance RESOLUTION NO. 37, SERIES OF 1968 A RESOLUTION ADJUSTING CERTAIN APPROPRIATIONS WITHIN THE PUBLIC IMPROVEMENT FUND. (Copied in full in the official Resolution Book.) I I I I I I I I Minutes of the September 3, 1968, meeting. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 37, SERIES OF 1968, BE ADOPTED AND APPROVED. City Manager Dial explained some of the transactions to the Public Improvement Fund embodied within Resolution No. 37, Series of 1968. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 37, SERIES OF 1968, BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. Mr. M. M. Sununers, 3140 South Delaware, appeared before City Council in regard to the approved liquor license application of Mr. Thomas Nomina, dba Peanut Barrel. Mr. Sununers called Council's attention to the fact that the license had been approved over ninety days prior to the September 3 meeting and that as yet no action had been taken to construct and remodel the facilities for the liquor outlet. Mr. Summers also stated that the City of Englewood has two checks for the license issued by Mr. Jerry Sturm, who had withdrawn from the application. Mr. Summers requested that City Council cancel the license due to these facts. During the discussion it was pointed out that Mr. Nomina had sworn in the public hearing on the liquor license that he had paid Mr. Sturm amounts equal to the two checks that Mr. Sturm had furnished the City at the time of application. It was the consensus of City Council that the City Manager contact Mr. Nomina to ascertain his intent i ons towards development of the liquor outlet. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 37, SERIES OF 1968, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. City Manager Dial continued with the explanation of the financial transactions embodied within Resolution No. 37, Series of 1968. Upon the call of the roll on the tabled motion, the vote resulted as follows: Ay es: Councilman Parkinson, Lone, Lay, Dhority, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared that Resolution No. 37, Series of 1968, approved. A draft ordinance amending the Municipal Code relating to the regulation of fireworks within the City of Englewood was presented. City Manager Dial and Fire Chief Sovern discussed the draft ordinance. Upon the conclusion of discussion it was the consensus of Council that the ordinance be placed in final form for consideration as a bill at the next City Council meeting. The minutes of the Board of Career Service Commissioners meeting of August 22, 1968, were received for the record. The minutes of the Planning and Zoning Commission meeting of August 7, 1968, were received for the record. The minutes of the Water and Sewer Board meeting of August 20, 1968, were received for the record with three memoranda attached. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE FIRST MEMORANDUM RECOMMENDING THE APPOINTMENT OF THE UTILITIES DIRECTOR AS CITY REPRESENTATIVE TO THE WATER TECHNICAL ADVISORY COMMITTEE BE APPROVED. 241 242 Minutes of the September 3, 1968, meeting. (Councilman Kreiling entered City Council Chambers and took his seat with Council at 9:15 P.M.) COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE ABOVE MOTION BE AMENDED BY APPOINTING COUNCILMAN LAY AS THE CITY OF ENGLEWOOD'S REPRESENTATIVE TO THE WATER TECHNICAL ADVISORY COMMITTEE AND THAT THE UTILITIES DIRECTOR BE APPOINTED AS A PARTICIPATING ALTER- NATE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Schwab. Nays: None. Absent: None. Abstain: Councilman Lay. The Mayor declared the motion carried. Acting Utilities Director Mack appeared before City Council and discussed the subject of the second memorandum recommending a water tap assessment for the Flying Saucer Mobile Home Park. RESOLUTION NO. 38, SERIES OF 1968 A RESOLUTION ESTABLISHING TAP ASSESSMENTS FOR NON-PROFIT WATER USERS ASSOCIATIONS. (Copied in full as amended in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 38, SERIES OF 1968, BE ADOPTED AND APPROVED WITH THE FOLLOWING AMENDMENT THAT THE WORDS "SAME" AND "AS" BE STRICKEN FROM THE LAST SENTENCE OF THE RESOLUTION AND AFTER THE WORD "BASIS" THE PHRASE "OF 150% OF" BE INSERTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Assistant City Manager Mack stated that it had been the practice of the City to execute preliminary agreements to provide water service to individuals and groups prior to their incorporation into a non-profit water association. Mr. Mack stated that authorization f or the Mayor and City Clerk to enter into such a preliminary agreement with the Flying Saucer Mobile Home Park was hereby requested. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE A PRELIMINARY AGREEMENT TO PROVIDE WATER SERVICE TO THE FLYING SAUCER MOBILE HOME PARK UNTIL FORMATION OF A NON-PROFIT WATER ASSOCIATION BY OCTOBER 1, 1968. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Assistant City Manager Mack reappeared before City Council in regard to the subject of the third memorandum, the inclusion of addi- tional land into the Valley Sanitation District. Mr. Mack explained that the additional land to be included would be that part of the Flying Saucer Mobile Home Park which the Council had previously granted a preliminary water service agreement. Mr. Mack stated that the Valley Sanitation District has been delayed in making a formal request to the City of Englewood due to an error in the legal description of the publi- cation serving notice of the intent to include additional land within the district. I I I I I I I I Minutes of the September 3, 1968, meeting. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD OF INCLUSION OF ADDI- TIONAL LAND IN THE VALLEY SANITATION DISTRICT BE APPROVED UPON RECEIPT OF PROOF OF PROPER LEGAL ADVERTISEMENT AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AGREEMENT WITH THE VALLEY SANITATION DISTRICT AT THAT TIME. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. An initiative petition for two ordinances, one providing " ••• for the 2-way or two directional movements of motor vehicle traffic on all streets in Englewood having a width of twenty-nine feet or more between curbs, except cloverleafs and roadways connecting streets and highways and repealing all ordinances, resolutions, motions, and traffic directives in conflict herewith" and the other providing for " ~· ••• removing the left turn traffic restriction at the intersection of So. Bannock St. and State Highway 70, and further, providing that the full use of this intersection shall be unrestricted except for traffic regulations. Also, providing for 2-way traffic on that portion of So. Bannock St. between W. Dartmouth Ave. and W. Quincy Ave." to be placed on the November 5, 1968, General Election were received by the City Council. It was reported that the first initiative ordinance contained 907 signatures unvarified and the second 837 signatures unvarified. City Attorney Criswell stated that a full report upon the petitions would be made at the next City Council meeting. City Council discussed the two initi ative petitions. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT A RECESS BE CALLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and called a recess at 10:32 P.M. Council reconvened at 10:45 P.M. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Absent: None. The Mayor declared a quorum present. Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE VACATING AND RELEASING AN EASEMENT FOR UTILITIES PRESENTLY ENCUMBERING A PORTION OF A PARCEL OF REALTY HERETOFOR DEDICATED AS A PUBLIC ALLEY, WHICH ALLEY HAS HERETOFOR BEEN VACATED. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. 243 244 Minutes of the September 3, 1968, meeting. Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COLORADO DEPARTMENT OF HIGHWAYS FOR THE CONSTRUCTION UPON A PORTION OF STATE HIGHWAY 70 OF A FOUR-LANE CONTROLLED ACCESS HIGHWAY FROM SOUTH BANNOCK STREET TO SOUTH SHERMAN STREET WITH RAMPS TO AND FROM BROADWAY AND DECLARING AN EMERGENCY. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AS AN EMER- GENCY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Attorney Criswell reported that the legal description of the property owned by Mr. Vincent A. Rieger in the petition for annexation was not properly described in said petition. Mr. Criswell indicated that a check of the petition had shown that Mr. Rieger owned less than 50 per cent of the land to be annexed when in fact he owns in excess of 50 per cent. Mr. Criswell stated that the petition would be amended and submitted to City Council at the September 16, 1968, meeting. City Attorney Criswell presented a Conveyance and Agreement for sanitary sewer service and installation of a sanitary sewer main to serve the First National Bank property located on the Northeast corner of Colorado 70 and Elati. Mr. Criswell explained the agreement. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE PROPOSED CONVEYANCE AND AGREEMENT FOR CONSTRUCTION OF A SANITARY SEWER MAIN TO SERVE PROPERTY OWNED BY THE FIRST NATIONAL BANK. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Attorney Criswell reported on the litigation concerning the rezoning of the KLZ site. Mr. Criswell stated that the plantiff had dropped the contention which would have required testimony, that contention being that the City of Englewood had entered into contract zoning. Mr. Criswell stated that the suit is now based upon legal technicalities such as the fact the zoning was not approved by a 3/4 majority vote of Council, that the City did not file the rezoning with the Inter-county Regional Planning Commission, and that there had not been sufficient change in conditions to justify the granting of rezoning of the site. Mr. Criswell stated that he would expect a decision from the court on or about the first of December, 1968. (Councilman Dhority departed the Council Chambers at 11:16 P.M.) City Manager Dial reported that one sealed bid for the con- struction of water wells and installation of pumping equipment at Dartmouth and Jason Parks had been received on August 30, 1968. Mr. Dial indicated that it was recommended that the bid of Layne Western Company of Denver be accepted and reviewed reasons why other contractors had not bid on the job. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED THAT THE BID OF LAYNE WESTERN COMPANY, IN THE AMOUNT OF $6,310 FOR THE INSTALLATION OF WATER SUPPLY WELLS AND PUMPING EQUIPMENT AT DARTMOUTH AND JASON PARKS BE ACCEPTED AS LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY CONTRACT DOCUMENTS. Upon the call of the roll, the vote resulted as follows: I I I I I I I I Minutes of the September 3, 1968, meeting. Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. City Manager Dial reported that a 1967 Mercury police cruiser had been destroyed in a traffic accident August 17, 1968. Mr. Dial indicated that a settlement for the vehicle with equipment had been arrived at for $3,526. Due to the need to place a replacement vehicle into operation, the City obtained informal quotations for a replacement cruiser and radar unit. The best quotations obtained were those of Vista Lincoln-Mercury, $2,635 for the vehicle, and George F. Cake Com- pany in the amount of $1,250 for the radar unit. Due to the fact that both of these purchases are in excess of $1,000 authorization on an emergency basis is requested. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY BE AUTHORIZED TO PURCHASE A REPLACEMENT POLICE CRUISER IN THE AMOUNT OF $2,635 FROM VISTA LINCOLN-MERCURY AND A RADAR UNIT IN THE AMOUNT OF $1,250 FROM THE GEORGE F. CAKE COMPANY ON AN EMERGENCY BASIS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. City Manager Dial reported that recent inspections by the Building Inspection Department, Fire Department, and Tri-County Health District have resulted in the location of several Housing Code violations among motels along South Santa Fe. Correction notices have been issued to several motels, and indications are that the Grandview Motel will be demolished with the exception of the caretaker's cottage. The Bell Courts have taken out permits to comply with .the Housing Code. Madick Manor is being vacated and will be demolished. There are no indications as to the intentions of the Denver Cottages and Burkes Oasis Motel units. After a briefing from the City Manager, the Council concurred that $700 should be expended from existing General Fund appropriations for a water line and sprinkler system at the Girard Ramp, north of the Public Library. New Englewood will sod the area. Council elected to hold a special Council meeting on September 9, 1968, for purposes of receiving the 1969 Budget. City Manager Dial stated that a full report would be made on the Progress of the Water Pressure Improvement Program at the September 16, 1968, City Council meeting. City Manager Dial reported that Arapahoe Mayors would meet on Thursday, September 5, 1968. Councilmen Parkinson and Lay and Mayor Schwab indicated that they would attend the meeting. City Manaqer Dial informed members of City Council that he would be attending the meeting of Colorado Managers in Aspen, Colorado, September 13 and 14. The council requested that the City Attorney sit up on the bench until a seventh Councilman is appointed. Councilman Parkinson reported that the Auditor Selection Committee recommends the retention of the present firm, Leslie E. Whittemore & Company. It was the consensus of Council that a vote upon the recanmendation would be taken upon receipt of a letter of agreement from said firm. Councilman Kreiling informed the Council that he had received a request for a petition to pave South Decatur Street. The request was forwarded to the City Engineer for preparation of the petition. ' Councilman Kreiling discussed the actions of the Golf Course Committee with members of Council. It was the consensus of Council that City Manager Dial provide further information on locating the golf course in the Northwest Englewood area. 245 246 Minutes of the September 3, 1968, meeting. Councilman Lone inquired as to the progress of Paving District No. 17. Councilman Lone stated that he had missed two recent Denver Regional Council of Governments' meetings and recommended that an alter- nate delegate be appointed. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT COUNCILMAN PARKINSON BE APPOINTED AS THE CITY OF ENGLEWOOD'S ALTERNATE DELEGATE TO THE DENVER REGIONAL COUNCIL OF GOVERNMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Lay, Kreiling, Schwab. Nays: None. Absent: Councilman Dhority. Abstain: Councilman Parkinson. The Mayor declared the motion carried. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT OCTOBER 31, 1968, BE ESTABLISHED AS THE CUT OFF DATE FOR PETITIONS ON PAVING DISTRICT NO. 18. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the motion carried. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Schwab. Nays: None. Absent: Councilman Dhority. The Mayor declared the meeting adjourned at 12:15 A.M. Clerk of the Council I I I I