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.