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HomeMy WebLinkAbout1969-07-21 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 21, 1969 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 21, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Jerry Springston of the First Christian Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Absent: Councilman Lay. The Mayor declared a quorum present. Also present were: Assistant City Manager Mack, City Attorney Criswell. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 7, 1969, AND THE SPECIAL MEETING OF JULY 14, 1969, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Krelling, Dhority, Brown, Schwab. Nays: None. Abstain: Councilman Lone. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following citizens from the list of "Special Citizen Program Invitees": Mr. Graydon Ditty, 3158 South Fox Street. Mr. Ditty stated that there is a drainage problem in the alley by his property which is causing a contaminated water puddle to form after every rain. This could be avoided if the City would divert the flow of the water. Mr. Ditty stated that during flash floods the present storm drainage system is not adequate enough to carry the water and that the City should also solve this drain- age problem. Mayor Schwab also recognized Mrs. Barbara Burget, 4108 South Inca, president of the Englewood Republican Women's Club. Mrs. Burget requested that a special election be held in January, 1970, in order to start construction on an adequate storm drain- age system for the City of Englewood. * * * * * * A memorandum from John A. Criswell, City Attorney, dated July 18, 1969, regarding a special election to provide storm sewers was received for the record. City Attorney Criswell stated that a special general obligation bond election, which must be separate and apart from all other elections, could not be held before the next general munici- pal election as the Charter states that a special election cannot be held earlier than 45 days after a general election. Mr. Criswell stated that it would also take approximately 60 days or more to prepare the necessary documents for such an election. Mr. Criswell stated that the earliest date a special general obligation bond election could be held would be in late December or mid-January, 1970. Mr. Criswell stated that the only action that could be taken right now would be to contact bond counsel to prepare a proposed bond issue and time schedule for the City. 467 468 Minutes of the July 21, 1969 regular City Council meeting. Councilman Lone reported on the public meeting with residents of the City of Englewood to discuss the storm drainage program held July 16, 1969. councilman Lone stated that 34 resi- dents were in attendance and that they were more than ready to go ahead with a special bond election. Councilman Brown stated that the citizens would like City Council to take the necessary action so that a special election could be held in January, 1970. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE THE NECESSARY DOCUMENTS TO HOLD A GENERAL OBLIGATION BOND ISSUE SPECIAL ELECTION ON STORM SEWER IMPROVEMENTS ON OR ABOUT JANUARY 15, 1970. City Attorney Criswell stated that because of the length of time the bonds would be called, their provisions, etc. that bond counsel should be engaged without expenditure of money to submit a proposal to the Council for the special election. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY ATTORNEY TAKE THE NECESSARY STEPS TO PROVIDE CITY COUNCIL WITH A PROPOSAL TO ALLOW THE CITY COUNCIL TO PLACE A SPECIAL GENERAL OBLIGATION BOND ISSUE ELECTION, THAT THIS INFORMA- TION BE RECEIVED BEFORE A FINAL DECISION IS MADE, AND THAT BOND COUNSEL BE RETAINED. Discussion ensued. Mayor Schwab stated that the special election could be further discussed at the study session, Monday, July 28, 1969. Upon the call of the roll on the second motion, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * The minutes of the Water and Sewer Board meeting of July 14, 1969, were received for the record with four memoranda attached. Mr. J. Robert Mack, Assistant City Manager, appeared before City Council and discussed the acquisition of the Denver City Ditch. Mr. Mack stated that the action reconunended by the Water and Sewer Board on the acquisition of Denver City Ditch had been taken at the July 14, 1969, special City Council meeting. Mr. J. Robert Mack, Assistant City Manager, reappeared before City Council and discussed Supplement No. 15 to the Connector's Agreement with the Valley Sanitation District to provide transmission of sewage from Centennial Park. Mr. Mack stated that Supplement No. 15 should be accompanied by a written statement for Valley Sanitation District. Such statement should declare that the City will protect and maintain the sewer lines during construction of Centennial Park. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE SUPPLEMENT NO. 15 TO THE CONNECTOR'S AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND VALLEY SANITATION DISTRICT TO PROVIDE TRANSMISSION OF SEWAGE FROM CENTENNIAL PARK AND THAT A WRITTEN STATEMENT BE GIVEN THE VALLEY SANITATION DISTRICT ASSURING THAT THE CITY OF ENGLEWOOD WILL PROTECT AND MAINTAIN THE SEWER LINES DURING CONSTRUCTION OF CENTENNIAL PARK. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. I I I I I I I I Minutes of the July 21, 1969 regular City Council meeting. Mr. J. Robert Mack, Assistant City Manager, reappeared before City Council and explained the Water and Sewer Board's request that a letter of intent be provided to Mortgage Resources, Inc. assuring them of the City's intent to provide service to Valley View Heights Subdivision through the Valley Sanitation District. Mr. Mack stated that the Valley Sanitation District has given assurances that they could adequately handle this additional service. COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT A LETTER OF INTENT BE WRITTEN TO MORTGAGE RBSOURCBS, INC. ASSURING THEM THAT THE CITY OF ENGLEWOOD WILL PROVIDE SEWAGE TREATMENT SERVICE TO VALLEY VIEW HEIGHTS SUBDIVISION THROUGH THE VALLEY SANITATION DISTRICT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. Mr. J. Robert Mack, Assistant City Manager, reappeared before City Council and discussed the recommendation of the Water and Sewer Board that a letter of intent be provided Wright-McLaughlin Engineers assuring them that the City will provide sanitary sewer service to a 100-acre site in Cherry Hills under certain condi- tions. Mr. Mack stated that the request includes St. Mary's School and a maximum of 80 residential taps. Mr. Mack stated that this area may form a new water and sanitation district which would construct a 6-inch main westerly on Quincy to an Englewood sewer west of South Clarkson and an aeration holding plant. This plant would hold all sewage until there was a light flow period on the Englewood system, and then the Englewood system would carry the sewage in the early morning hours. Councilman Lone stated that the City should seriously review Cherry Hills' plans to form a new water and sanitation district and whether or not the City would have to enlarge its sewer lines. Discussion ensued. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT A LETTER OF INTENT BE WRITTEN TO WRIGHT-MCLAUGHLIN ENGINEERS ASSURING THEM THAT THE CITY OF ENGLEWOOD WILL PROVIDE SERVICE TO A 100-ACRE SITE IN CHERRY HILLS UNDER CERTAIN CONDITIONS AS OUTLINED BY THE WATER AND SEWER BOARD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Dhority, Brown, Schwab. Nays: Councilmen Parkinson, Lone. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * The minutes of the Planning and Zoning Commission meeting of June 17, 1969 were received for the record. * * * * * * A memorandum from the Planning and Zoning Commission recommending the adoption of the Comprehensive Plan was received for the record. City Attorney Criswell stated that this Canprehensive Plan was not a workable program or an application for Federal funds but a master plan which is called for by the Charter and the statutes of the State of Colorado outlining certain goals of the City. Mr. Criswell stated that before final approval and adoption of the plan that the Council should review the correspond- ing maps which compose a significant portion of the plan. Councilman Parkinson requested that the adoption of the Comprehensive Plan be placed on the agenda for the next regular City Council meeting and that the Councilmen review the maps which are on file in the Planning Department. Mayor Schwab stated that the maps could be reviewed at the study session. * * * * * * 469 470 .. Minutes of the July 21, 1969 regular City council meeting. A letter from Ken R. White Company regarding the schedule for construction of a Servicenter was received for the record. * * * * * * The City Manager's Quarterly Report was received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of May 28, 1969, were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 28, SERIES OF 1969 AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 69: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CON- STURCTION OF SUCH IMPROVEMENTS. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, MAYOR SCHWAB SECONDED, THAT ORDINANCE NO. 28, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried . * * * * * * City Attorney Criswell presented an easement agreement between the City of Englewood and South Clarkson Company for a 22 foot sanitary sewer easement between Clarkson and Washington and Jefferson and Kenyon. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE EASEMENT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND SOtrrH CLARKSON COMPANY BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AtrrHORIZED TO EXECtrrE THE AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * City Attorney Criswell presented a bill for an ordinance approving an expenditure of $3,928.77 to repair a leak in a 16- inch sewer line. Mr. Criswell stated that the City Charter provides that competitive bids shall be received for capital improvements over $1,000: but since the original repairs were to be less than $900, no competitive bids were received. Mr. Criswell stated that because bids were not received that passage of the bill for an ordinance authorizing payment of the repair costs was necessary. Mr. J. Robert Mack, Assistant City Manager, appeared before City Council and stated that the original repair work included T.V. inspection and grouting of the 16-inch sewer line. Mr. Mack stated that this was unsuccessful because it was dis- covered there was a 24-inch pipe lying on top of thel6-inch sewer line. This pipe did not allow the grouting to work. I I I I I I I I Minute s of the July 21, 1969 regular City Council meeting. Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE APPROVING AND RATIFYING THE PERFORMANCE BY GUILDNER WATER AND SEWER COMPANY, BY DARA KEPNER AND BY WINSLOW CONSTRUCTION COMPANY OF CERTAIN PUBLIC WORK WITHOUT THE RECEIPT OF COMPETITIVE BIDS THEREFOR AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE SUMS OF $935.00 TO GUILDNER WATER AND SEWER COMPANY, $640.05 TO DANA KEPNER AND $2,353.72 TO WINSLOW CON- STRUCTION COMPANY. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Discussion ensued . At the conclusion of discussion it was the consensus of Council that prior to passage of the Bill for an Ordinance the repair bills be checked to see if the charges for the work are accurate and just. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCE BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * City Attorney Criswell read a decision from the Colorado Public Utilities Commission dated July 14, 1969, concerning the application of the Denver Tramway Corporation for authority to increase certain fares and for other relief including discontinu- ance of Route 31 to Westminster. Mr. Criswell stated that as a result of this decision, the adult fare on the Englewood route was increased to 35 cents and that the route had not been changed. * * * * * * City Attorney Criswell stated that the responsibilities of the City's legal department have increased considerably and that it has become impossible for him to adequately attend to his private and public law practice. Mr. Criswell stated that because of this increase he regretfully resigns his position as City Attorney in order to maintain a private practice. Mr. Criswell stated that he would like to be relieved of his responsibilities as City Attorney as soon as conveniently possible but no later than November 1, 1969. Mayor Schwab expressed the City's and Council's appreci- ation to City Attorney Criswell for the service he has given to the City of Englewood. Councilman Kreiling stated that an informal committee be established to screen the applicants for the position of City Attorney. * * * * * * A memorandum from Stanley H. Dial, City Manager, regarding a study of traffic patterns was received for the record . * * * * * * Assistant City Manager Mack stated that a national flood insurance program using Federal funds which provided reduced rates through private insurance companies based upon locality could beavailable to Englewood residents owning one to four housing units. Mr. Mack stated that to qualify and establish this insurance program by June 30, 1970, the City would likely have to: 471 472 Minutes of the July 21, 1969, City Council meeting. 1. Adopt a flood-zoning plan. 2. Guide development away from flood areas. 3. Assist in reducing flood damage by such means as a storm sewer program. 4. Revise the Building Code to provide for flood prevention construction. 5. Give assurance that the City is working towards these goals. Councilman Parkinson stated that this matter should be referred to the Planning Conanission. * * * * * * Councilman Parkinson stated that Municipal Court Judge Haydn A. Swearingen was in need of an assistant. Councilman Parkinson requested that Mr. Richard L. Eason of Simon, Eason, Hoyt & Malone, 3311 South Broadway, be appointed Assistant Municipal Court Judge. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT RICHARD L. EASON OF SIMON, EASON, HOYT & MALONE, 3311 SOUTH BROADWAY, BE APPOINTED ASSISTANT MUNICIPAL COURT JUDGE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Kreiling, Lone, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lay. The Mayor declared the motion carried and the meeting adjourned at , 10:40 P.M. I I I I