HomeMy WebLinkAbout1977-03-21 (Regular) Meeting MinutesCOUNCIL CHAMBERS
CITY OF ENGLEl«)OD, COLORADO
March 21, 1977
REGULAR MEETING:
The City Council of the City ot Englewood, Arapahoe County, Colorado,
met in regular session on March 21, 1977 at 7:30 p.m.
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Reverend Fred Hahn, Immanuel Lutheran
Church, 3695 South Acoma Street. The Pledge ot Allegiance was led by Cub
Scout Pack #347, Webelos Den 112.
Mayor Taylor asked for roll call. Upon the call of the roll, the
following were present:
business.
Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Absent: Mayor Protem Clayton.
The Mayor declared a quorum present.
Also present were: City Manager Mccown
Assistant City Manager Nollenberger
City Attorney Berardini
Director of Community Development Wanush
Director of Public Works Waggoner
Director of Parks and Recreation Romans
Administrative Assistant Brown
Director of Finance/City Clerk James
Deputy City Clerk Varner
It was noted that Mayor Protem Clayton is absent on City Council
* * * * • •
COUNCILMAN SMITH K>VED TO ACCEPT THE MINUTES OF THE REGULAR CITY
COUNCIL MEETING OF MARCH 7, 1977. Councilman Brown seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown.
Nays: None.
Abstain: Council Members Mann, Taylor.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
* * * * • •
March 21, 1977
Page 2
COUNCILMAN MANN MOVED TO ACCEP!' THE MIBU'n5 OF 'DIE SPECIAL CITY
COUNCIL MEETING OF MARCH 14, 1977. Councilman Brown seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Menn, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the IIK)tion carried.
• • • • • •
Ronald Rinker of Architects, Inc., architect for the Senior
Recreation Center, appeared before Council concerning bids received for
construction and for supplying and installing kitchen equipment. Mr.
Rinker reviewed the bids and answered questions from City Council. He
recommended accepting the proposal submitted by Haseldon-Langley Construc-
tion Company in the amount of $448,705 for construction of the Senior
Recreation Center and the proposal submitted by Restaurant Associates
in the amount of $21,939 for supplying and installing kitchen equipment.
COUNCILMAN SOVERN MOVED TO AWARD THE BIOO FOR THE SENIOR
RECREATION CENTER TO HASELOON-LANGLEY CONSTRUCTION COMPANY IN THE AMOUNT
OF $448,705 FUR CONSTRUCTION AND TO RESTAURANT ASSOCIATES IN THE AM>UNT
OF $21,939 FOR SUPPLYING AND INSTALLING KITCHEN EQUIPMENT. Councilman
Mann seconded the motion. Upon a .call of the roll, the vote resulted as
follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
• • • • • •
Myrtle Jones, 5020 South Washington, appeared and suggested the
name "Dr. John Sil!K)n, Sr. Apartments" for the Englewood Senior Apartments
for the Elderly.
• • • • • •
"Communications -No Action Recommended" on the agenda were received:
a. Minutes of Denver Regional Council of Governments meeting
of February 16, 1977.
b. Minutes of Planning and Zoning Conmission meeting of
February 23, 1977.
March 21, 1977
Page 3
c. Minutes of the Library Board meeting of March 8, 1977.
d. Minutes of the Firemen's Pension Board meeting of
March 9, 1977.
e. Annual Report for the year 1976.
• • • • • •
Director of Conmunity Development Wanush presented a recommendation
from the Board of Adjustment and Appeals to is sue a revocable permit at 2200
West Evans to allow the service pumps and sign to encroach upon City property
a distance of twelve feet, including conditions from the City Engineer. These
conditions were relocating the sign at the owner's expense, relocating the
sign prior to June 1st, and obtaining the permit prior to relocating the sign.
COUNCILMAN SOVERN MOVED 'ro ISSUE A REVOCABLE PERMIT 'ro CLAUDE
HOLLAND, 2200 Wll>T EV.AMS, TO ALLOW THE SERVICE PUMPS AND SIGN 'ro ENCROACH
UPON CITY PROPERTY A DISTANCE OF 'IWELVE FEET. Councilman Smith seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nqs: None.
Absent: ~or Protem Clayton.
The Mqor declared the iootion carried.
• • • • • •
Director of Community Development Wanush presented a recommendation
from the Planning and Zoning Commission for approval and adoption of the
Findings of Fact for Sinclair Park Planned Development.
COUNCILMAN MANN MOVED 'ro ACCEPl' 'DIE FINDINGS OF FACT FOR SINCLAIR
PARK PLANNED DEVELOPMENT. Councilman Sovem seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovem, Smith, Brown, Mann, T~lor.
N~s: None.
Absent: M~or Protem Cl~on.
The Mqor declared the motion carried.
• • • • • •
Director of Community Development Wanush presented a recommendation
from the Planning and Zoning Commission for consideration of an amended dra~
of the House Moving and Deiooli tion Ordinance dated March 8, 1977. Mr. Wanush
reviewed the changes included in this draft.
March 21, 1977
Page 4
COUNCILMAN SOVERN K)VED TO INSTRUCT '!HE CITY ATTORNEY TO PREPARE
AN ORDINANCE K)DIFYING THE "HOUSE K)V!NG AND DEMOLITION ORDINANCE" IN
ACCORDANCE WITH THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION.
Councilman Mann seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, T~lor.
Nays: None.
Absent: Mayor Protem Clayton.
The M~or declared the motion carried.
• • • • • •
Assistant City Manager Nollenberger presented a recommendation
from the Water and Sewer Board for approval of a contract between the City
and Highland 460 Venture, amended to read that C.M.A. Financial will pay
an additional $3,930.75 by December 15, 1977 for interest income lost by
the City by virtue of deferral of the subject tap fees.
COUNCILMAN SMITH MOVED TO APPROVE THE RECOl+!ENDATION OF THE WATER
AND SEWER BOARD FOR APPROVAL OF A CONTRACT WITH HIGHLAND 460 VENTURE, AMENDED
TO READ THAT C.M.A. FINANCIAL WILL PAY AN ADDITIONAL $3,930.75 BY DECEMBER 15,
1977, FOR INTElm3T INCOME LOST BY THE CITY BY VIRTUE OF DEFERRAL OF THE
SUBJECT TAP FEm; AND SUBJECT TO RECEIPT OF THE SECOND LETTER OF CREDIT.
Councilman Sovern seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Cl~ton.
The Mayor declared the motion carried.
• • • • • •
City Manager Mccown presented a meDX>randum from Tom Burns, Chairman
of the Englewood Housing Authority, recommending that the following names be
added to those already recomnended by the Housing Authority: The Tuileries,
Heritage House, and Lincoln Arms.
Tom Burns, 3600 South Bannock, appeared and stated these names
are suggestions for further discussion and consideration by City Council.
COUNCILMAN SMITH MOVED TO POSTPONE AGENDA ITEM 4d UNTIL THE CITY
COUNCIL MEETING ON APRIL 4, 1977. Councilman Sovern seconded the motion.
Upon a call of the roll, the vote resulted as follows:
March 21, 1977
Page 5
Ayes: Council Members Williams, Sovern, Smith, Brown.
Nays: Council Members Mann, Taylor.
Absent: Mayor Protem Cl~ton.
The Mayor declared the motion carried.
• • • • • •
City Manager Mccown presented a letter from the Colorado Municipal
League asking it the City wishes to participate through the League in a
possible suit against Mountain Bell's rate increases.
COUNCILMAN SMITH l«>VED 'ID PARTICIPATE IN 'DUS ACTION BY THE
COLORADO MUNICIPAL LEAGUE. Councilman Sovem seconded the motion.
COUNCILMAN MANN MOVED 'ID AMEND THE MOTION BY SETTING A LIMIT
OF $1,400 OR 4¢ PER CAPITA. Councilman Smith seconded the motion. Upon
a call of the roll, the vote resulted as tollovs:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
A be en t: Mayor Protem Clayton.
The Mayor declared the amendment carried.
Upon a call of the roll, the vote on the original. motion as amended
resulted as follovs:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, T8'}"lor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
• • • • • •
INTRODUCED AS A BILL BY COUNCILMAN MANN
A BILL FOR
AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPR>VEMENTS MADE IN AND FOR
SIDEWALK IMPROVEMENT DISTRICT NO. 76 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST 'ID EACH LOT OR
TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST
EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING 'IEE MANNER OF
COLLECTION AND PAYMENT OF SAID ASSESSMENTS.
March 21, 1977
Page 6
City Attorney Berardini stated the following corrections need to
be made in Section 2, Page 3, of this Bill for an Ordinance: the City of
Englewood will pay $ll,2J9.75; leaving a balance of $41,824.90; and striking
the phrase "in accordance with Resolution No. 10, Series of 1977".
COUNCILMAN MANN MOVED TO PAOO ON FIRST READING A BILL FOR AN
ORDINANCE APPROVING 'l!iE WHOLE COST OF 'l!iE IMPROVEMENTS MADE IN AND FOR
SIDEWALK IMPROVEMENT DISTRICT NO. 76 IN THE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING 'mE APPORTIONMENT OF SAID COST 'ro EACH LOT OR
'IRACT OF LAND IN SAID DISTRICT; ASSEOOION A SHARE OF SAID COST AGAINST
EACH LOT OR TRACT OF LAND IN THE DISTRICT ; AND PRESCRIBING THE MANNER OF
COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AS AMENDED. Councilman Brown
seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
. * * * * * *
RESOLtrrION NO. 20, SERIES OF 1977
A RESOLUTION CONGRATULATING THE DEPAR'IMENT OF FINANCE FOR RECEIVING A
MUNICIPAL FINANCE OFFICERS ASSOCIATION AWARD OF A CERTIFICATE OF CONFORMANCE
IN FINANCIAL REPORTING.
COUNCILMAN SMITH K>VED TO PAOO RESOLUTION NO. 20, SERIF.8 OF 1977.
Councilman Sovern seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini reviewed a unique method used by the City
of Colorado Springs of lending money from the Surplus and Deficiency Fund
to elderly and low-income property owners for assessments against their
property for special public improvements. He stated there is a constitu-
tional question over lending money in this way, and he expressed his opinion
that this method would not work for the City of Englewood.
* * * * * *
March 21, 1977
Page 7
City Attorney Berardini discussed the suit filed by the City of
Englewood concerning the Police and Fire Pension Funds. He stated all
interested parties must be joined in the suit, those being policemen and
firemen of the City currently p~ing into the Police or Fire Pension Fund
and those receiving benefits.
COUNCILMAN MANN MOVED 'ID GIVE THE CITY ATTORNEY THE DIRECTION
TO CONTINUE WITH THIS CASE AND TO JOIN ALL INTERESTED PARTIES IN THE SUIT.
Councilman Sovern seconded the motion.
Councilman Sovern suggested sending a memorandum under the City
Manager's signature and with the assistance of the City Attorney's office
to the employees clarifying this action.
Upon a call of the roll, the vote resulted as follows:
.Ayes: Council Members Sovern, Smith, Menn.
Nays: Council Members Williams, Brown.
Abstain: Mayor T~lor.
Absent: Mayor Protem Cl~ton.
The Mayor declared the motion carried.
• • • • • •
City Manager Mccown presented a meDX>randum concerning the possibility
of granting funds to Englewood High School to support the band's trip to the
Portland Rose Festival.
Mayor Taylor noted the School Board gave the band permission to go
on this trip, providing they raise their own DX>ney.
COUNCILMAN SMITH MOVED 'ID DONATE $1,000 'ID ENGLEWOOD HIGH SCHOOL
Ilf SUPPORT OF THE BAND'S TRIP TO THE PORTLAND ROSE FESTIVAL, THIS AM>UNT TO
BE TAKEN FROM THE FUND BALANCE. Councilman Brown seconded the motion.
COUNCILMAN MANN K>VED TO AMEND 'IBE MO'I'ION TO DONATE $1,800.
Councilman Smith seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Williams, Brown, Mann.
N~s: Council Members Sovern, Smith, Taylor.
Absent: Mayor Protem Clayton.
The Mayor declared the amendment defeated.
Upon a call of the roll, the vote on the original motion resulted
as follows:
March 21, 1977
Page 8
Ayes: Cowicil Members Williams, Sovern, Smith, Brown, Mann.
Nays: Mayor Taylor.
Absent : Mayor Protem Clayton.
The Mayor declared the original motion carried.
• • • • * *
Director of Public Works Waggoner presented a memorandum concerning
requests received to pave streets in the area between Tejon and Zuni Streets
from Bates to Dartmouth. He suggested canvassing property owners in this area
to see if they are interested in narrower street paving since the existing
right-of-way is only thirty feet wide and the Master Street Plan requires a
sixty foot right-of-way for installation of a standard industrial street.
COUNCILMAN SMITH MOVED 'ro CANVASS THE PROPERTY OWNERS IN THIS AREA,
POINTING OUT FLOOD CONCERNS; AND TO TAKE THE LEGAL STEPS TO PROTECT THE CITY
IN CASE OF FLOOD OR IN CASE OF A FUTURE PAVING DISTRICT. Councilman Sovern
seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
* * • • • *
City Manager Mccown presented a resolution amending the budget
to allow for publishing of the "Englewood Citizen" on a monthly basis.
RESOLUTION NO. 21, SERill> OF 1977
A RESOLUTION AMENDING THE 1977 BUDGET IN THE GENERAL FUND.
COUNCILMAN MANN MOVED TO PASS RESOWTION NO. 21, SERIES OF 1977.
Cowicilman Sovern seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Cowicil Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
* * * * * *
March 21, 1977
Page 9
City Manager Mccown presented a memorandum from the Director of
Public Works concerning use of the non-restricted portion of the Park and
Shop Lot where the old Police/Fire Building was located at Bannock and
Girard. He stated that RTD is interested in leasing this portion to be
used for approximately fifty-five parking spaces.
COUNCILMAN SOVERN MOVED 'ID DIRECT 'mE STAFF 'ID PURSUE AN AGREE-
MENT WITH THE REGIONAL TRABSPORTATIOB DISTRICT IR ACCORDANCE WITH THE
GUIDELI~ STATED IN A MDDRANDlJof FROM THE DIREC'IDR OF PUBLIC WORKS DATED
MARCH 1 5, 1977. Councilman Brown seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown.
Nays: Council Members Mann, Taylor.
Absent: Mayor Protem Clqton.
The Mayor declared the motion carried.
• • • • • •
City Manager Mccown noted the Calendar of Events should be corrected
to reflect a study session on March 28 concerning the water study rather than
on animal control and liquor license procedures.
City Council also scheduled a study session on April 11 at 6:30 p.m.
concerning Little Dry Creek.
• • • • • •
Maurice Jones, 5020 South Washington, appeared regarding needed
repairs to South Clarkson.
Councilman Sovern suggested pursuing this matter further with the
City Council from Cherry Hills.
• • • • • •
Mayor Taylor presented a letter from a new organization in Englewood
called "Consensus". He suggested meeting with the School Board in the near
future to discuss matters of concern and to have the staff prepare a response
letter for the approval of City Council and signature of the Mayor.
• • • • • •
Mayor TS¥lor noted there will be a farewell party for Assistant
City Manager Noilenberger on April 1, 1977 from 3:00 to 4:00 p.m. in the
Community Room at City Hall. Mr. Nollenberger has been appointed City
Manager of the City of Muscatine, Iowa.
• • • • • •
March 21, 1977
Page 10
Councilman Mann pointed out that an article in the Englewood
Herald Sentinel from a Career Service Board Commissioner concerning the
appointment of the fi~h member to the Board was not the City speaking.
Mayor Taylor stated City Council has no authority concerning the
appointment of the fifth member to the Career Service Board.
Myrtle Jones, 5020 South Washington, appeared and stated many
of the people now realize it was a decision of the Career Service Board
rather than City Council.
• • • • • •
Councilman Sovern suggested pursuing uses for the property where
the old Police/Fire Building was located at Bannock and Girard.
* • * * * *
COUNCILMAN SMITH MOVED THAT CITY COUNCIL ENDORSE A REFERENDUM
TO BE SUBMITTED TO THE PEOPLE OF ENGLEWOOD IN '!HE NEXT GENERAL ELECTION
IN 1977 CALLING roR A CHARTER CONVENTION IN 1978 WITH ALL AMENDMENTS SUBMITTED
TO '.I!HE ELECTORS AT THE REXJULAR ELECTION IN 1978. Councilman Mann seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor.
Nays: None.
Absent: Mayor Protem Clayton.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN MANN K>VED 'ro DIRECT mE CITY STAFF TO FIND ALTERNATIVE
USES FOR '!HE ARF.A BE'l'WEEN GIRARD AND FWYD AVENUES AND BE'NEEN ACOMA AND
BANNOCK STREETS. The DK>tion died for the lack of a second.
• * * * * *
There being no further business, Mayor Taylor adjourned the City
Council meeting at 10:25 p.m.