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HomeMy WebLinkAbout1977-06-20 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 20, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 20, 1977 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Ernest Martin, Baha'i Faith of Englewood, 4700 South Elati Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown City Attorney Berardini Acting Personnel Director Brown Deputy City Clerk Varner • • • • • • COUNCILMAN SMITH MOVED 'ro APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL ME:m'ING ON JUNE 6, 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, Clayton, Taylor. Nays: None. The Mayor declared the motion carried • • • • • • • COUNCILMAN SMITH MOVED 'ro APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING ON JUNE 13, 1977. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the DK>tion carried. • • • • •• June 20, 1977 Page 2 COUNCILMAN CLAYTON MOVED THAT AGENDA ITEM 4e BE MOVED UP FOR ACTION AT THIS TIME. Councilman Brown seconded the motion. Upon a call of the roll, the vote ,resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. City Manager McCovn presented a meDDrandum from Director of Finance James concerning nev liquor license procedures whereby petitioning of the area would be the f'uJ.l. responsibility of the City. This memorandum recommends hiring a professional firm or a part-time person to do the petitioning. There would be three petitions circulated--one in favor of, one not in favor of, and one neutral. City Manager McCovn explained that this procedure change is an effort to provide a clearer picture of the desires of the residents. COUNCILMAN SMITH MOVED TO ADOPT LIQUOR LICENSE PROCEDURES UTILIZING A PROFESSIONAL FIRM FOR PETITIONING, THIS ro BE EFFECTIVE IMMEDIATELY. Council- man Sovern seconded the motion. Council.man Mann stated he feels both options should be le~ open for using a professional firm or a part-time employee. Councilman Brown stated he feels the petitioning should be le~ out of the City's hands, which could be easier accomplished by using a professional firm. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Members Williams, Mann. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAY'rol ll>VED 'ro BRING AGENDA ITEM "MAYOR'S CHOICE" UP AT THIS TIME. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. June 20, 1977 Page 3 Mayor Taylor presented a Commendation to City Manager McCown commending him for the publication of his article entitled "Referendum Impasse Plan Works in Englewood, Colorado" in the June 1977 issue of the Labor Management Relations Service national newsletter. • • • • • • Paul H. Daghlian, 7169 South Webster Street, Littleton, and Doug Johnson, Attorney, 1337 Delaware Street, Denver, appeared to request a public hearing date on a liquor license application for Paul's Restaurant and Pizzeria, 3452 South Fox Street 1 Englewood. COUNCILMAN SMITH K>VED 'ro SET A PUBLIC HEARING ON JULY 25, 1977 AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS FOR A LIQUOR LICENSE APPLICATION FROM PAUL H. DAGHLIAN AND SHAKE DAGHLIAN 1 D/B/A PAUL'S RESTAURANT AND PIZZERIA, 3452 SOUTH FOX STREET, ENGLEWOOD; ABD SET'.l'IBG A ONE-MILE RADIUS AREA. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, T81'lor. N81's: None. The Mayor declared the motion carried. • • • • • • Marvin Johnson, 4220 South Huron Street, appeared concerning enforce- ment of the animal control ordinance. Mr. Johnson stated he feels the ordinance should be changed to provide greater restrictions and to be m:>re speciffc. Mr. Johnson's specific problem concerns a rabbit lot in his neighborhood, which has been taken up in court. Councilman Smith requested a review of this case by the City Attorney with a report back to City Council. • • • • • • Leo G. Milla, 4901 South Delaware Street, appeared to request an encroachment into the City's right-of-way on the north and east sides of his property for the installation of a 42-inch chain link fence. The encroachment would be eight feet on the north side 1 which is adJacent to West Chenango Avenue, and three feet on the east side, which is adJacent to South Delaware Street. The City's only reconaended stipulation is that the fence have a minimum one-foot setback from the back of the sidewalk. COUNCILMAN CLAY'roN MOVED TO GRANT THIS ENCROACHMENT REQUEST. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams 1 Sovern, Smith, Brown, Mann, Clqton, Taylor. June 20, 1977 Page 4 Nays: None. The Mayor declared the motion carried. • • • • • • "Canmunications-No Action Recommended" on the agenda were received: a. Minutes of the Planning and Zoning Commission meeting of May 3, 1977. b. Minutes of the Planning and Zoning Commission meeting of June 7, 1977. c. Minutes of Career Service Board meeting of May 19, 1977. d. Minutes of the Police Pension Board meetings of June 3, 1977 and June 7, 1977. e. Minutes of the Fire Pension Board meeting of June 2, 1977. f. Minutes of the Denver Regional Council of Governments meeting of May 18, 1977. g. Financial Report for May 1977. • • • • • • City Manager McCovn presented a reconmendation from the Parks and Recreation Commission that 6" x 14" oak framed plaques with Micarta insets giving the name of the person to be memoralized be used for the eleven rooms (donors of $2,000 and over) at the Elsie Malley Centennial Center and that 2" x 5" plaques be used for the names of those contributing $156 to $1,500. Mr. Mccown noted this is also the recommendation from the architect of the project. COUNCIIMAN BROWN MOVED 'ro ACCEPT THIS RECOMMENDATION FROM 'IBE PARKS AND RECRF.ATION COMMISSION, AS WELL AS THE ARCHITECT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager McCown presented a recommendation from the Parks and Recreation Commission that City Council pass an ordinance allowing for the consumption of 6% beer in city parks on a trial basis for a period of one June 20, 1977 Page 5 year, at which time the ordinance would cease to be looked at again with regard to problems there may have been, how enforceable the ordinance was, etc. Mr. Mccown stated that Director of Parks and Recreation Romans favors this recommendation but bas serious reservations about allowing beer at certain special events. Mr. Mccown also stated that Chief of Police Holmes feels there are serious problems involved with requiring 6% beer and with consump- tion of beer at special events such as ball games. COUNCILMAN SOVERN MOVED 'ID RECEIVE THIS RECOMMENDATION FROM THE PARKS AND RECRF.ATION COMMISSION AND TO PLACE IT ON '!HE AGENDA FOR THE FIRST RIDULAR CITY COUNCIL MEETING IN AUGUST. Councilman Mann seconded the motion. Councilman Smith recommended Council's consideration of having this item as a referendum on the ballot. Councilman Sovern requested a legal opinion from the City Attorney regarding the concerns of the Director of Parks and Recreation and the Chief of Police. Mayor Taylor requested Council's consideration of designating one park for allowing beer consumption where picnics and other special events could be held. Councilman Sovern also requested a legal opinion from the City Attorney on how to handle specific cases where beer and alcohol are served, other than in the parks. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager McCown presented two reconunendations from the Water and Sewer Board: (1) for approval of a contract to lease 2,000 acre feet of agricultural water to Central Colorado Water Conservancy District in 1977 at $10 per acre foot; and (2) for approval of a contract to lease 1,000 acre feet of agricultural water to Ground Water Appropriators of the South Platte River in 1977 at $10 per acre foot. COUNCILMAN SOVERN MOVED TO AUTHORIZE '!HE MAYOR 'ID ENTER INTO AGREEMENTS WITH c.c.w.c.D. AND G.A.S.P., AND THAT THE AGREEMENTS WE HAVE BEEN CONSIDERING BE AMENDED TO PROVIDE THEM WITH WATER IN PROPORTION 'ID 'DIEIR REQUESTS FOR THAT AMOUNT WHICH IS AVAILABLE FROM DIRECT FLOW TO BE OBTAINED DURING THE YF.AR 1977 FROM THE RANCH CREEK PROJECT. Council.man Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: June 20, 1977 Page 6 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Tqlor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON M)VED TO APPROVE '!HE 3.2 BEER LICENSE RENEWAL FOR SPORT BOWL, 3295 SOUTH BROADWAY, ENGLEWOOD. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON M)VED 'ID APPROVE THE 3.2 BEER LICENSE RENEWAL FOR BOB'S GROCERY, 3296 SOUTH WASHINGTON, ENGLEWOOD. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • * INTRODUCED AS A BILL BY COUNCIL MEMBER SOVERN BY AUTHORITY ORDINANCE NO. 14 SERIES OF 1977 AN ORDINANCE AUTHORIZING A CONTRACT WITH THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPAR'IMENT OF HEALTH, WATER QUALITY CONTROL COMMISSION, AND THE CITY OF ENGLEWOOD TO CONSTRUCT BACKWASH WATER TREATMENT FACILITIES AT THE ALLEN AND BEAR CREEK WATER TREATMENT PLANTS. COUNCILMAN SOVERN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1977, ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. June 20, 1977 Page 7 Nays: None. The Mayor declared the motion carried. * * * • • • INTRODUCED AS A BILL BY COUNCIL MEMBER SMITH BY AUTHORITY ORDINANCE NO. 15 SERIES OF 1977 AN ORDINANCE AMENDING SECTION 3, CHAPl'ER 5, TITLE I, AND SECTION 7, CHAPTER 2, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY CHANGING THE TITLE OF PERSONNEL DIRECTOR 'IQ EMPLOYEE RELATIONS DIRECTOR. COUNCILMAN SMITH K>VED TO PASS ORDINANCE NO. 15, SERIES OF 1977, ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * • * City Attorney Berardini presented a Bill for an Ordinance repealing and reenacting sections of the Englewood Municipal Code entitled "auto wrecking and junk yards". He recommended sending this to the Planning and Zoning Comnission for further recommendations. COUNCILMAN CLAYTON MOVED 'IQ POSTPONE THIS BILL FOR AN ORDINANCE UNTIL A LATER DATE. Councilman Mann seconded the motion. Darlene Musselman, Musselman Auto Wrecking and European Auto Wrecking, appeared and presented questions, which were answered by City Attorney Berardini. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • * * * • • June 20, 1977 Page 8 City Attorney Berardini gave a brief report concerning filing suit against the car shredder operation on West Oxford Avenue. He stated that Denver Metals has filed a law suit against the Arapahoe County Commissioners attacking their ruling denying Denver Metals' Certificate of Designation and the fact that they do not come under the law relating to solid waste. Denver Metals is asking that they be permitted to begin operations as of July 15, I 1977. Mr. Berardini stated he has filed a suit against Denver Metals in Arapahoe County District Court and has asked for an injunction prohibiting them from proceeding on the basis that they built a substantial portion of the car shredder in a flood plain and that they failed to comply with the county sub-division regulations, as well as the state regulations dividing land without filing a sub-division plat. Mr. Berardini noted there will be a sitting concerning the City's motion on June 23, 1977 and a hearing on Denver Metals' motion on July 13, 1977. COUNCILMAN CLAYTON K)VED THAT CITY COUNCIL RATIFY AND APPROVE THE ACTION TAKEN BY THE CITY AT'IDRNEY CONCERNING DENVER METALS AND THE CAR SHREDDER OPERATION. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: Council Member Williams. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a resolution amending the Six-Quarter Budget to appropriate $35,000 to the Englewood Housing Authority to provide furniture and fixtures for the Simon Center. Mr. Mccown noted this money will be returned to the City once the Housing Authority has collected the money. Rll>OLUTION NO. 32, SERIES OF 1977 A RESOLUTION AMENDING THE SIX-QUARTER BUDGET. COUNCILMAN MANN ?«)VED TO PASS RESOLUTION NO. 32, SERIES 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, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a letter from the Arapahoe County Board of Commissioners submitting the name of John R. Crowley for reappoint- ment to the Board of Directors of the Regional Transportation District for a four-year term ending July 1, 1981. June 20, 1977 Page 9 COUNCILMAN CLAYTON K>VED TO APPROVE THE REAPPOINTMENT OF JOHN R. CROWLEY AS A REPRESENTATIVE OF ARAPAHOE COUNTY TO THE R.T.D. BOARD. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Clayton, Taylor. Nays: Council Members Smith, Mann. The Mayor declared the motion carried. COUNCILMAN CLAYTON K>VED THAT THE CITY MANAGER AND MAYOR DRAW UP A LEl'TER TO THE R.T.D. BOARD STATING CITY COUNCIL'S CONCERNS OVER THE LACK OF COMMUNICATION BETWEEN THE CITY AND THE R.T.D. BOARD. Councilman Mann seconded the motion. A~er discussion, the motion and second were withdrawn. COUNCILMAN SOVERN MOVED TO SEND A LE'Pl'E!R FROM ENGLEWOOD CITY COUNCIL TO i!!E ARAPAHOE COUNTY COMMISSIONERS AND THE REGIONAL TRANSPORTATION DISTRICT OBJECTING TO 'lllE LACK OF ACCOUNTABILITY THAT THE R.T.D. BOARD HAS TO THE PUBLIC AT LARGE AND 'ID THE ELECTED OFFICIALS THROUGHOUT THE DENVER METRO AREA, WITH COPIES TO BE SllfT 'ID '!HE LEGISLATORS. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from Chief of Police Holmes concerning the Civil Defense Program and recommending that the various entities in the south metropolitan area jointly fund and employ Mr. Stan Bush as the disaster coordinator or civil defense director. Councilman Sovern expressed concern over the need for a set "game- plan" with full awareness of responsibilities, as well as what the end results will be. COUNCILMAN SOVERN ?«>VED TO MEET WITH THE CITY OF LITTLETON, MR. STAN BUSH, AND 'lllE CITY STAFF CONCERNING THE DEVELOPMENT OF AN EMERGENCY PREPAREDNESS PLAN. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: Council Member Williams. The Mayor declared the motion carried. • • • • • • June 20, 1977 Page 10 City Manager Mccown reported that there is now a Retired Employees Association open for membership by all former City employees. • • • • • • City Manager McCown presented two resolutions received from CONSENSUS, I one concerning annexation of the unincorporated area of Arapahoe County west of Santa Fe Drive between Oxford Avenue and Union Avenue and one concerning improve- ments to Santa Fe Drive and u.s.285. • • • • • • City Manager Mccown presented a letter dated May 31, 1977 from Governor Lamm regarding activities of his office and the legislature. • • • • • • City Manager McCown expressed his appreciation to City Council for the Commendation he received earlier in the meeting. • • • • • • Maurice Jones, 5020 South Washington, appeared and stated he is in complete agreement with City Council providing the money for the furnishings for the Simon Center until the Housing Authority collects the money. • • • • • • Jerry VonFrellick, 10950 West 26th Avenue, Lakewood, appeared as a representative of CONSENSUS and presented a resolution passed by their moderators on June 17, 1977 concerning proposed Santa Fe Drive improvements. This resolution requests the Englewood City Council to establish a firm policy favoring realignment of east-west traffic on Hampden between Broadway and Santa Fe to a one-way couplet using Hampden to accommodate westbound traffic and Ithaca to serve eastbound traffic, and to request the Highway Conmdssion to provide the necessary land and improvements on Hampden at Broadway and Santa Fe so as to accomm:>date such a one-way couplet along the Hampden corridor. Mayor Taylor stated this will be discussed at the City Council study session on July 5, 1977. Mr. VonFrellick also presented a resolution to be passed by City Council establishing land use for the Arapahoe County Comprehensive Plan for the unincorporated areas north and west of Englewood and south of Sheridan. RESOLUTION NO. 33 1 SERIES OF 1977 A RESOLt1I'ION ESTABLISHING LAND USE FOR THE ARAPAHOE COUNTY COMPREHENSIVE PLAN FOR '!HE UNINCORPORATED AREAS NORTH AND WEST OF ENGLEWOOD AND SOUTH OF SHERIDAN. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 33 1 SERIES OF 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: June 20, 1977 Page 11 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN BROWN MOVED TO AMEND RESOLUTION NO. 33, SERIES OF 1977, TO M>RE CLEARLY REFLECT PASSAGE BY THE CITY COUNCIL OF 'IHE CITY OF ENGLE~OD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * • • • COUNCILMAN BROWN MOVED TO SET A PUBLIC HEARING ON JULY 25, 1977 AT FOLLOWING THE PUBLIC HEARING AT 7:00 P.M. TO CONSIDER AN APPLICATION FOR SPECIAL EVENTS PERMIT-BEER, WINE & LIQUOR, FROM THE ENGLEWOOD VOLUNTEER FIRE DEPAR'IMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Abstain: Council Member Sovern. The Mayor declared the motion carried. • • • • • • Councilman Sovern made a brief report concerning the Denver Regional Council of Governments 2o8 Waste Water Management Plan. He noted that DRCOG will be requesting a meeting with the cities of Englewood and Littleton probably sometime during July. • • • • * * Mayor Taylor noted there will be a walk to Wolf Creek from Englewood Dam beginning at 10:00 a.m. on July 9, 1977 to consider alternates for Little Dry Creek. • • • • • * COUNCILMAN MANN MOVED TO APPROPRIATE $430 TO PURCHASE 200 TICKETS FOR THE ENGLEWOOD OLD TIMERS ASSOCIATION TO SEND 200 BOYS AND GIRLS TO ENGLEWOOD OLD TIMERS NIGHT AT BEAR STADIUM. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: June 20, 1977 Page 12 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • There being no further business, Mayor T1qlor adjourned the City Council meeting at 10:25 p.m.