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HomeMy WebLinkAbout1969-08-05 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO AUGUST 5, 1969 REGULAR MEETING: The City council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 5, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Martin Schroeder of the Bethany Lutheran Church. Pledge of Allegiance was led by Boy Scout Troop No. 92. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Dhority, Brown, 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 BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF JULY 21, 1969 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized the following citizens from the list of "Special Citizen Program Invitees:" Mr. and Mrs. Blain H. Bay, 681 East Bates Avenue. * * * * * * Mr. Harold Rust, manager of the Englewood Public Service Company office, appeared before City Council and presented a franchise check from the Public Service Company in the amount of $54,092.79 representing the franchise taxes collected for the first half of 1969. * * * * * * Mr. Ken Carlson, member of the Englewood Planning and Zoning Commission, appeared before City Council in regard to the adoption by the Council of the Comprehensive Plan. Mr. Carlson referred to a recommendation of the Planning and Zoning Commission dated July 17, 1969 recommending the approval of the Plan by the City Council. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION TO ADOPT THE COMPREHENSIVE PLAN AS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION. City Council discussed the Plan. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * 473 474 Minutes of the August 5, 1969, regular City Council meeting. City Manager Dial presented a bid tabulation prepared by Director of Public works Waggoner on the bids opened on Friday, August 1, 1969 for the construction of Sidewalk District No. 69. Mr. Dial stated that the low bidder was J & N Concrete in the amount of $9,897.76. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE BID OF J & N CONCRETE FOR THE CONSTRUCTION OF SIDEWALK DISTRICT NO. 69 BE APPROVED AS LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AU'l'HORIZED TO EXECUTE THE NECESSARY CONTRACT DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * City Manager Dial presented the following items to City Council in regard to Centennial Park: 1. A memorandum summarizing the financing of the con- struction of Centennial Park and the sources of funds to transfer within the Park Improvement Fund to accomplish said construction. 2. A memorandum from Director of Finance Lyon and Director of Parks and Recreation Romans summarizing the bids received for Centennial Park for a) general construction, b) lighting, and c) shelter and reconunending award. 3. A bid tabulation on the bids received for Centennial Park lighting and electrical service. 4. A bid tabulation on the bids received for Centennial Park construction. 5. A bid tabulation on the bids received for the toilet and shelter facilities for Centennial Park. CERTIFICATE NO. 2, SERIES OF 1969 I, Stephen A. Lyon, ex officio City Clerk-Treasurer of the City of Englewood, do hereby certify that there is a Fund Balance in the Park Improvement Fund in excess of $33,451 which is available for appropriation. /s/ Stephen A. Lyon ex officio City Clerk-Treasurer RESOLUTION NO. 26, SERIES OF 1969 A RESOLUTION TRANSFERRING FUNDS WITHIN THE PARK IMPROVE- MENT FUND FOR THE CONSTRUCTION OF CENTENNIAL PARK. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 26, SERIES OF 1969 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: councilman Kreiling. The Mayor declared the motion carried. COUNCILMAN LONE MOVED, THAT THE CONSTRUCTION PROJECT BE AWARDED TO THE LOW BIDDERS RECOMMENDED IN THE AUGUST 5, 1969, MEMORANDUM FROM MR. LYON AND MR. ROMANS AND THAT THE MAYOR AND CITY CLERK BE AU'l'HORIZED TO EXECUTE THE NECESSARY DOCUMENTS: THE LOW BIDDERS BEING AS FOLLOWS: GENERAL CONSTRUCTION, A. KEESER & SONS INC., $72,557: LIGHTING, STURGEON ELECTRIC COMPANY INC., $17,997: AND SHELTER CONSTRUCTION, E. A. MARISKA CON- STRUCTION COMPANY, $31,449 (ALTERNATE NO. 1 IS EXCLUDED). I I I I I I I I Minutes of the August 5, 1969, regular City Council m~eting. Mr. E. P. Romans, Directo~ of Parks and Recreation, appeared before City Council in regard to the bids received and discussed Alternate No. 1 to the shelter house which removed the roof decking for public use. Mr. Romans also discussed the type of park to be provided at Centennial Park. COUNCILMAN BROWN SECONDED THE MOTION MADE BY COUNCILMAN LONE. Mr. Pat Dulaney, Bourn and Dulaney Architects, appeared before City Council and described the shelter to be constructed at centennial Park. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * The minutes of the Parks and Recreation Commission meeting of July 9, 1969 were received for the record with a memorandum attached reconanendin9 the establishment of spectator fees for special softball tournaments in 1970. Mr. E. P. Romans, Director of Parks and Recreation, appeared before City Council and stated that it was the Parks and Recreation Commission's intent to charge spectator fees for softball games only when a special tournament was being held. Mr. Romans stated that the reason for this recommendation was the need for additional funds to support the recreation program for 1970. City Council diacussed the recommendation with Mr. Romans and Mr. Dial. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE PARKS AND RECREATION COMMISSION THAT SPECTATOR FEES BE CHARGED FOR SPECIAL TOURNAMENT SOFTBALL GAMES FOR 1970 BE ACCEPTED. Upon the call of the roll, the vote resulted as follows1 Ayesa Councilmen Lone, Lay, Dhority, Brown, Schwab. Nays: councilman Parkinson. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * The minutes of the Board of Career Service Commissioners meeting of July 24, 1969 were received for the record with a memorandum attached recommending an employee's award program. After discussion it was the consensus of council that additional information should be provided by the Board of career Service as to the details of the employee's award program and that no action be taken by City council at this time. * * * * * * The minutes of the Board of Adjustment and Appeals meetings of June 11, July 9, and July 15, 1969 were received for the record. * * * * * * The minutes of the Planning and Zoning Commission meetings of July 8 and July 17, 1969 were received for the record. * * * * * * The Fire and Police Pension Funds' reports for the first six months of 1969 were received for the record. * * * * * * 475 476 Minutes of the August 5, 1969, regular City Council meeting. A memorandum from Mrs. D. A. Romans, Planning Director, regarding the vacation of the Logan-Grant alley in the 3500 block was received for the record. City Manager Dial stated that a request had been received from Mr. Charles Bush, owner of the Dry Creek Shopping Center, that the City of Englewood vacate a 25-foot section in the Logan- Grant, north-south alley in the 3500 block in order that he might construct a free standing building on the east side of the present shopping center structure. In 1958, the southern most portion of the alley had been vacated. Mr. Dial pr ·~sented a map showing the area in question. Mr. Bush, at the City's request, has given the City of Englewood a perpetual easement for connecting a strip 165 feet long and 25 feet wide between the Logan-Grant alley and South Grant Street. Mr. Charles Bush appeared before City Council and briefly explained the request. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE THE NECESSARY ORDINANCE TO VACATE THE ALLEY AS REQUESTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * A proclamation designating the week of August 10 to August 16, 1969 as "Willing Water Week" was received for the record. After discussion Mayor Schwab indicated that he would execute the proclamation designating the week of August 10 to August 16, 1969 as "Willing Water Week." * * * * * * ' A memorandum from the Parks and Recreation Commission reviewing parks and recreation nee~s was . r~ceived for the record. It was the consensus of Council that the memorandum concerning the parks and recreation needs be reviewed at a study session. * * * * * * Mayor Schwab stated that he wished to give special recognition to Director of Parks and Recreation Romans' assistance in re-scheduling the August 2, 1969, Old Timers game from the high school to Miller Field when the high school field had been flooded. * * * * * * City Attorney Criswell presented a bill for an ordi- nance authorizing payment for sanitary sewer repairs to the sewage treatment plant. Mr. J. Robert Mack, Assistant City Manager, appeared before City Council and stated that the bill for an ordinance had been tabled at the last Council meeting due to certain questions asked by the City Council. Mr. Mack stated that in regard to these questions that the bills presented for the work had been reviewed by the Director of Public Works and that in his opinion they were just. The discrepancy between the $1,072 bill by Guildner Water and Sewer Canpany as opposed to the $935 stated in the bill for an ordinance was due to the fact that the Director of Utilities had succeeded in negotiating the original bill downward. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCE AUTHORIZING PAYMENT OF $3,928.77 FOR SANITARY SEWER REPAIRS BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: I I I I I I I I Minutes of the August 5, 1969, regular City Council meeting. Ayes: councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. (Note: The Bill for an Ordinance was read at the previous 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 DANA 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 CO. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST 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, Lay, Dhority, Brown, Schwab. Nays: None. Absent: councilman Kreiling. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lone and read in full, A BILL FOR AN ORDINANCE AUTHORIZING AND RATIFYING THE EXECUTION BY THE MAYOR AND CITY CLERK OF THE CITY OF ENGLEWOOD OF AN AGREEMENT WITH HERMAN OLINER, BESS OLINER AND ROBERT OLINER WHEREBY THE CITY OF ENGLEWOOD AGREES TO LEASE FROM THE AFORESAID INDIVIDUALS CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ENGLEWOOD FOR A PERIOD OF THIRTY-FIVE YEARS AND GRANTING TO THE CITY AN OPTION TO PURCHASE SAID REAL PROPERTY UPON THE TERMS AND CONDITIONS THEREIN CONTAINED. City Attorney Criswell stated that this bill for an ordinance ratifying the execution of the Lease and Option Agreement between the City of Englewood and the Oliners for certain real estate to be used as a fire-police headquarters located in the west 35-3600 block of South Elati had been requested by Mr. M. O. Shivers, attorney for the Oliners. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED :If FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * City Attorney Criswell presented a letter from Mr. Bill Lamm of Willson and Lamm, attorneys, concerning a special election for storm sewer bonds. Attached to the letter was a statement of various information on the bond issue and a sample calendar of events to take place for the election. Mr. Criswell stated that Mr. Lamm pointed out in his letter that certain litigation had resulted in two cases before the U.S. Supreme Court in which the Supreme Court had held invalid provisions whereby only taxpaying electors were able to vote upon certain subjects. Mr. Lamm stated that although neither of these Supreme Court decisions directly affected general obligation bonds such as the storm sewer issue being considered by the City of Englewood, the City might consider an amendment to the Charter to eliminate the "taxpayer only" qualification for voting in general obligation bond elections. 477 478 Minutes of the August 5, 1969, regular City Council meeting. City Council discussed Mr. Lamm's communication. * * * * * * City Attorney Criswell stated that in regard to the false arrest case against Mr. Jack Clasby, Chief of Police, that deposition of Mr. Smith, plaintiff, had been taken. Mr. Smith had refused to answer certain questions at the time of deposition, and Mr. Criswell indicated that a motion would be placed before the court questioning whether Mr. Smith could maintain a civil action and refuse to answer questions. * * * * * * City Attorney Criswell stated that in regard to the law suit brough by National Tea against the City of Englewood for its failure to issue a 3.2 beer license at 4160 South Broadway, that a formal opinion had not been rendered by Judge Naugle and that a decision would be finally reached in the next thirty days. * * * * * * City Attorney Criswell stated that in regard to the suit brought by the City of Englewood against Oliver S. Kingsley for his failure to abide by the subdivision regulations in con- veying property that an oral opinion by Judge Foote had been given which states that the City cannot restrict the free conveyance of property. Mr. Criswell stated that this could be a serious decision when rendered in writing and perhaps the City Council should consider appeal with the possible assistance of the Colorado Municipal League. * * * * * * City Manager Dial presented a memorandum dated August 5, 1969 reporting on the licensing of dogs by various communities within the metropolitan area. It was the consensus of Council that the licensing of dogs be discussed at a study session. * * * * * * RESOLUTION NO. 27, SERIES OF 1969 A RESOLUTION TRANSFERRING FUNDS TO THE POLICE DEPART- MENT FOR THE USE IN REMOVAL OF ABANDONED, JUNK VEHICLES FROM WITHIN THE CITY OF ENGLEWOOD. (Copied in f~ll in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 27, SERIES OF 1969 BE ADOPTED AND APPROVED. up6n the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * City Manager Dial stated that a request had been received from Mrs. Elsie L. Barrent, E-Z Liquors, 3353 South Santa Fe, to expand her premises by leasing a 13' x 8' room from her present landlord for the use as a storeroom. No remodeling to the premises would be necessar y, only the opening of the door which is now boarded shut. COUNC LMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE EXPANSiON OF E-Z LIQUORS, 3353 SOUTH SANTA FE, BY THE OPENING OF A 13' X 8' STOREROOM 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: I I I I I I I I Minutes of the August 5, 1969, regular City Council meeting. Ayes: Councilmen Parkinson, Lone, Lay, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Kreiling. The Mayor declared the motion carried. * * * * * * City Manager Dial reported that Mr. Leonard Rubin, councilman from the City of Englewood, New Jersey, had visited the City of Englewood on August 5, 1969 and that he and Mr. Rubin had had an interesting discussion in comparing Englewood, New Jersey's form of city government with the City of Englewood's. * * * * * * Mayor Schwab established a study session on August 11, 1969 at 7:30 P.M. * * * * * * Mayor Schwab stated that a letter from Mr. Arthur S Bowman, attorney representing Mrs. J. L. Williams, 4565 South Cherokee, had been received claiming that in the construction of Paving District No. 18 that negligence on the part of the City and its contractor had caused $8,000 water damage on June 8, 1969. Mayor Schwab submitted the claim to City Manager Dial and requested that the City's insurance carrier be notified. * * * * * * City Council discussed the alignment of the Englewood Freeway. Councilmen Parkinson and Lone indicated that they would bring up the alignment at the next meeting of the Planning and Zoning Conunission. * * * * * * Councilman Lone indicated that the Miller property, 4066 South Bannock, would come under control of the new owner on September 15, 1969 but that the property in which Mrs. Miller resides, 4098 South Acoma, is fast becoming a storage yard of those items which had been stored at 4066 South Bannock. * * * * * * Councilman Lone stated that he had received a call concerning the number of accidents at Broadway and Amherst and wondered if a traffic signal was needed for this intersection. City Manager Dial stated that he would provide a report on this matter. * * * * * * (Councilman Kreiling entered the Council Chambers at 10:31 P.M. and took his seat with Council.) * * * * * * Councilman Brown stated that water was £lowing nicely in the ditch north of the KLZ property located on the south side of East Floyd Avenue. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: None. The Mayor declared the motion at 10:34 P.M. eeting adjourned 479