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HomeMy WebLinkAbout1977-08-15 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 15, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 15, 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, 369 5 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop 1192. 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 Assistant City Manager Curnes City Attorney Berardini Acting Personnel Director Brown Deputy City Clerk Varner • • * • * * COUNCILMAN BROWN MOVED TO ACCEPr THE MINUTES OF THE REGULAR CITY COUNCIL ~ING OF AUGUST 1, 1977. Councilman Sovern seconded the motion. Councilman Sovern requested that the word "blocks" on page 3, paragraph 3, line 2, be changed to "locks". 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 ACCEPT THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF AUGUST 8, 1977. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: August 15, 1977 Page 2 Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, T~lor. Nays: None. Abstain: Council Member Sovern. The M~or declared the motion carried. • • • • • • Pre-scheduled visitor J. W. Norris, concerning a petition for annexation to the City and for immediate fire protection for an area on South Santa Fe Drive within Arapahoe County, was not present • • • • * * * Attorney John Criswell of Criswell, Patterson & Ballantine, 3780 South Broadw~, appeared and requested from the City an exchange of title for a right-of-w~ agreement and perpetual easement for the City Ditch at the north- west corner ot Kenyon and Cherokee for development purposes. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE APPROVING A RIGHT-OF-WAY AGREEMENT BErrWEEN MELVIN J. DENNING AND VERLA N. DENNING AND THE CONTINENTAL NATIONAL BANK (GRANI'ORS) AND THE CITY OF mfGLEWOOD; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN REAL PROPERTY AS DmCRmED HEREIN; AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SAID AGREEMENT AND CONVEYANCE; AND DIRECTING THE DIRECTOR OF FINANCE TO ATTEST THE SAME. COUNCILMAN SMITH MOVED TO PASS THIS BILL FOR AN ORDINANCE ON FIRST 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, Cl~ton, T~lor. N~s: None. The Mayor declared the motion carried. * * * * * * Edward s. and Coleen M. McGinty appeared to request a transfer of the hotel/restaurant license from Andrea Nagy, d/b/a The Golden Fiddle, 3370 South Acoma, to Edward and Coleen McGinty, d/b/a McGinty's Tig and Sidewalk Cafe. Mr. McGinty stated they are planning to have a family restaurant with an outside care. August 15, 1977 Page 3 COUNCILMAN MANN MOVED TO GRANT THE TRANSFER OF THE HOTEL/RESTAURANT LICENSE FROM ANDREA NAGY, D/B/A THE GOLDEN FIDDLE, 3370 SOUTH ACOMA, TO EIMARD AND COLEEN McGINTY, D/B/A McGINTY'S TIG AND SIDEWALK CAFE. Councilman Williams 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 WILLIAM> MOVED TO HEAR FROM VISITOR BORIS VUKOVICH AT THIS TIME. 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. Boris Vukovich, 1996 East Jefferson Place, appeared and requested Council's approval for connection of his property at 5101 South ~naco into the Greenbelt Sanitation District by August 25 as he will be moving in on that date. City Manager Mccown presented Supplement No. 9 to Connector's Agreement #13 with Greenbelt Sanitation District for inclusion of this property. COUNCILMAN SOVERN MOVED TO APPROVE 3UPPLEMENT NO. 9 TO CONNECTOR'S AGREEMENT 113 WITH GREENBELT SANITATION DISTRICT. Councilman Williams 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 WILLIAMS MOVED TO OPEN A PRE-BUDGE:!' HEARING. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follo-ws: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. August 15, 1977 Page 4 Nays: None. The Mayor declared the motion carried. City Manager Mccown stated the purpose of this pre-budget hearing is to receive input from the citizens on the 1978 budget of the City. Myrtle Jones, 5020 South Washington, appeared and stated that bathroom facilities are needed at Duncan School and that a park is needed in their area. Maurice Merlin, 3688 South Sherman, appeared and suggested including in the budget a very strong dog control program. Joe Munshaw, 3642 South Cherokee, appeared and expressed interest in good police protection and dog control. Marten Lathrop, 3259 South Clarkson, appeared and stated he would like to have projected into the budget an amount of money to be set aside to assist the handicapped and elderly with tree trimming, snow shoveling, trash removal, etc. Maurice Jones, 5020 South Washington, appeared and stated Clarkson is in bad need of repairs. He also stated he would like to see more of the budget put into planning and cormnunity development for the purpose of future planning. COUNCIIMAN SOVERN MOVED TO CLOOE THE PRE-BUDGE!' HEARING. 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. • • • • • • "Communications-No Action Recormnended" on the agenda were received: a. Financial Report for the month of July 1977. • • • • •• City Manager Mccown presented a memorandum from the Director of Finance, Director of Engineering, and Purchasing Agent concerning bids for the construction of 2700 square feet of crosspan, 50 lineal feet of curbwalk, 130 lineal feet of curb and gutter, and 360 square feet of sidewalk. The reconmendation is to reject all bids and to rebid at a later date because all the bids were much higher than the engineer's estimate and the amount budgeted. August 1 5, 1977 Page 5 COUNCILMAN CLAYTON MOVED TO REJECT ALL BIOO AND TO CONSIDER THE MATTER AT A LATER DATE. Councilman Brown seconded the motion. COUNC I LMAN SMITH MOVED TO AMmD THE M)TION TO REBID ON SEPTEMBER 20, 197 7 . Co uncilman Sovern seconded the motion. Upon a call of the roll, the • vote resulted as follows: Ayes: Cou:r.i.cil Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Upon the call of the roll, the vote on the original motion as amended 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 the Director of Finance, Director of Engineering, and Purchasing Agent concerning the construc- tion of sealcoat on specified streets in the City. The recommendation is to approve the low bid from Asphalt Specialties Company in the amount of $16,695. COUNCILMAN CLAYTON MOVED TO ACCEPT THE BID OF ASPHALT SPECIALTIES COMPANY IN THE AMOUNT OF $16,695 FOR THE CONSTRUCTION OF SF.ALCOAT ON DESIGNATED STREETS. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Cl88'ton, Taylor. N88's: None. The Mayor declared the motion carried • • • • • • • City Manager Mccown presented a memorandum from the Director of Finance, Director of Parks and Recreation, and Purchasing Agent concerning bids for furnishings for the Elsie Malley Centennial Center. The recommendation is to award the bid on a low bid (by group} basis in the total amount of $46,672.78. J\upft :)..5' 1977 Page 6 COUNCILMAN CLAYTON MOVED TO ACCEPT THE BIOO AS PRESENTED IN A REPORT FROM BARKER, RINKER, SEACAT ARCHITEC'IB INC. TO THE FOLLCYWING LOW BIDDERS AS DESIGNATED-BUSINESS INTERIORS, SCOTT RICE, !SEC, KISTLER KWILL, MAUSOLF INTERIORS-IN THE TOTAL AMOUNT OF $46,672. 78. Councilman Mam seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mam, Cl&\Yton, TS\Ylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCII&N SOVERN MOVED TO RENEW THE HOTEL/RPl>TAURANI' LICENSE OF HOWARD JOHNSON COMPANY, D/B/A GROUND ROUND, 5180 SOt1I'H BROAIMAY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Cl&\Yton, TS\Ylor. NS\Ys: None. The MS\Yor declared the motion carried. • • • • • • City Manager ~Cown presented a reconmendation from the Parks and Recreation Commission that City Council appropriate a Bl.Un not to exceed $1,500 to obtain a preliminary site plan and cost estimates for a bathhouse at Sinclair Swim Pool. COUNCILMAN SMITH MOVED TO APPROPRIATE $1,500 FOR A PRELIMINARY SITE PLAN AND COOT ESTIMATES FOR A BA'lHHOt.EE AT SINCLAIR SWIM POOL. 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, TS\Ylor. Nays: None. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCIIMAN WILLIAM3 BY At11'HORITY ORDINANCE NO. 21 SERIES OF 1977 August 15, 1977 Page 7 AN ORDINANCE AMmDING SUBSECTION (a) OF SECTION 16, CHAPl'ER 3, TITLE XV OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY R~UIRING THE OWNERS OF ALL PROPERTY HAVING CONNECTION TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPON THE SALE OR TRANSFER OF SAID PROPERTY• City Attorney Berardini noted that the Utilities Department has recommended that line 4 of 15-3-16(a) be changed to read: " ••• after the sale, transfer, or change from residential to commercial or industrial uses ••• ". COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 21, SERIES OF 1977, ON FINAL READING AS AMENDED. Councilman Sovern seconded the motion. Councilman Mann stated he :feels a public hearing should be held on this ordinance to receive response :from the citizens. COUNCILMAN MANN MOVED TO POSTPONE THIS UNTIL SEPTEMBER 12, 1977 AND TO SET A PUBLIC HEARING FOR 7:00 P.M. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton. Nays: Council Members Williams, Sovern, Taylor. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AMENDING SUB-SECTION (b), SECTION 32, CHAPI'ER 3, TITLE X!V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE CHARGE FOR THE CUTTING OFF OF WATER SERVICE. COUNCIIJ.Wl SOVERN MOVED TO PASS THIS BILL FOR AN ORDINANCE ON FIRST READING. Councilman Mann seconded the motion. Councilman Mann explained that this increase is to cover the actual costs for excavation and disconnection from the street water main. Joe Munshaw, 3642 South Cherokee, appeared and stated he is in favor of flat water rates. He also stated he is against the ordinance requiring water meters on the sale or transfer of property. Marten Lathrop, 3259 South Clarkson, appeared and stated he would like to see this Bill for an Ordinance broken down for the public to more easily understand it. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor. August 15, 1977 Page 8 Nays: Council Member Williams. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 37, SERIES OF 1977 A RESOLUTION APPROVING THE FINDINGS OF FACT GRANTING TO PAUL H. DAGHLIAN AND SHAKE DAGHLIAN, D/B/A PAUL'S RESTAURANT AND PIZZERIA, A BEER AND WINE LICENSE TO OPERATE AT 3542 SOUI'H FOX STREET, ENGLEWOOD, COLORADO. City Attorney Berardini noted that the second "whereas" in this resolution should be corrected to read 1977 rather than 1976. COUNCILMAN WILLIAM3 MOVED TO PASS RE50LUTION NO. 37, SERIES OF 1977. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND RESOLUTION NO. 37, SERIES OF 1977, BY STRIKING PARAGRAPH 5. Councilman Mam seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton, Taylor. Nays: Council Members Williams, Sovern. The Mayor declared the motion carried. Up on a call of the roll, the vote on the original motion as amended resulted as f ollows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 38, SERIES OF 1977 A RE50Lt1rION E5TABLISHING FEES AND CHARGPB FOR THE E3GLEWOOD MUNICIPAL GOLF COURSE. City Attorney Berardini noted that Section 1 (A) should be corrected to read "Including Weekends & Holidays"; and Section 1 (B) should also include: "Weekends & Holidays, 9 holes -$2.50, 18 holes -$4.oo". City Manager Mccown recommended that the same fee be charged for everyone regardless of residence address in order to establish adequate play on the course and because mal'\Y people contribute to Englewood's tax base but do not live in Englewood. August 15, 1977 Page 9 COUNCIIMAN BRCWN MOVED TO PASS RESOLUTION NO. 38, SERIES OF 1977, AS AMENDED. Councilman Mann seconded the motion. COUNCILMAN SMITH MOVED TO AMEND RESOLUTION NO. 38, SERIES OF 1977, BY CHANGING THE AGE OF A SENIOR TO 55 YEARS OF AGE. The motion died for the lack of a second. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Taylor. Nays: Council Member Clayton. The ~or declared the motion carried. • • • * * * COUNCILMAN SOVERN MOVED TO AUTHORIZE THE MAYOR TO SIGN A PROCLAMATION PROCLAIMING SEPTEMBER 8, 1977 AS "NATIONAL CANCER DAY" IN THE CITY OF ENGLEWOOD. Councilman Mann seconded the moti on. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The ~or declared the motion carried. • • • • • • City Attorney Berardini requested Council's consideration for appointment of a special Assistant City Attorney to report to City Council concerning the law suit of the City vs. Denver Metals because the case has been dismissed as far as the City is concerned. COUNCILMAN SOVERN MOVED 'nlAT A SPECIAL ASSISTANT CITY ATTORNEY BE RETAINED TO INVESTIGATE THE BACKGROUND OF THE FLOOD PLAIN ZONING MATI'ER WITH A REPORT BACK TO CITY COUNCIL BY AUGUST 22, 1977 FOR A DECISION AT THAT TIME. Councilman Mann 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. COUNCILMAN SOVERN MOVED TO SET A SPECIAL CALL CITY COUNCIL MEETING FOLLOWING THE HEARING SET FOR AUGUST 22, 1977 IN THE EVENT THAT CERTAIN ACTION IS NEEDED CONCERNING THIS LAW SUIT AND FOR DIRECTION TO THE SPECIAL ASSISTANT CITY ATTORNEY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: August 15, 1977 Page 10 Ayes: Council Members Sovern, Smith, Brown, Mann, Cl~ton, T~lor. Nays: Council Member Williams. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO APPOINT JOHN CRISWELL AS SPECIAL ASSISTANT CITY ATTORNEY FOR THIS MATTER, OR CHARGING THE CITY ATTORNEY AND MAYOR WITH THE REBPONSIBILITY FOR THIS SELECTION IN THE EVFM' THAT JOHN CRISWELL IS IN CONFLICT WITH THIS DECISION. Councilman Brown seconded the 100tion. Upon a call of the roll, the vote resulted as follovs: Ayes: Council Members Sovern, Smith, Brown, Mann, Cl~ton, T~lor. Nays: Council Member Williams. The Mayor declared the motion carried. • • • • • • Mayor T~lor declared a recess at 9:55 p.m. City Council reconvened at 10:10 p.m. Upon a call of the roll, the following were present: Co uncil Members Williams, Sovern, Smith, Brown, Mann, Cl~ton, T~lor. Absent: None. The Mayor declared a quorum present. • • • • •• City Manager Mccown presented a memorandum from the Assistant City Manager c oncerning City Council's softball game with the Channel 9 "Mighty 9'ers". The game is scheduled for 6:30 p.m. on September 17, 1977 at Belleview Park; and the proceeds of the game will be used to help defr~ the cost of furnishings for the Simon Ce nter lobby. COUNCILMAN MANN MOVED TO DEBIGNATE MAYOR TAYLOR AS MANAGER FOR THIS SOFTBALL GAME, AND ALSO THAT MAYOR TAYLOR CAN ASSIGN TWENTY PLAYER/COACHES TO BE USED AT HIS DISGREBSION; AND TO DESIGNATE THE CITY ATTORNEY STAFF AS THE UMPIRES WITH THE HEAD CITY ATTORNEY AS THE UMPIRE BEHIND THE PLATE, WITH A COPY OF THIS DECISION TO BE SENT TO CHANNEL 9. Councilman Cl~ton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, T~lor. N~s: None. The M~or delcared the motion carried. M~or Taylor appointed Councilman Mann to set this game up. August 15, 1977 Page 11 Marten Lathrop, 3259 South Clarkson, appeared and reported on the progress for raising funds for the furnishings at the Simon Center. • • • • • • COUNCILMAN MANN MOVED TO INTERVIEW FOR THE VACANCY ON THE PLANNING AND ZONING COMMISSION AND THE WATER AND S&IER BOARD ON AUGUST 29, 1977 AT 6:00 P.M. 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 • • • • • • • COUNCILMAN SOVERN MOVED THAT CITY COUNCIL NOTIFY THE STATE HIGHWAY DEP.ARTMEJfl' THAT WE ARE IN FAVOR OF THE CONCEPT OF A ONE-WAY COUPLET ON ITHICA AND HAMPDEN FOR U.S. 285 AND THAT THIS CONCEPT BE UTILIZED IN THEIR PLANNING FOR INTERCHANGF5 AT BROArNAY AND SANTA FE, AND THAT FURTHER INPUT BE GIVEN TO US ON CONFIGURATIONS AND SO FORTH AT THE5E CONNECTING POINTS. Councilman Brown 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. • • • • • • Mayor Taylor presented a letter he received from Elaine Good, Executive Director, Cinderella City Merchants Inc., concerning Cinderella City's second annual cookie eating contest to be held in the Blue Mall on September 17, 1977 at 2:00 p.m. with the Cookie Monster as a special guest. COUNCILMAN SMITH MOVED TO HAVE A PROCLAMATION DRAWN UP DECLARING SATURDAY, SEPTEMBER 17, 1977 AB "COOKIE MONSTER DAY" IN THE CITY OF ENGLEWOOD AND TO PRF5ENT THEM WITH A KEY TO THE CITY. 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. • • • • • • August 15, 1977 Page 12 COUNCILMAN BROWN MOVED TO DRAW UP A PROCLAMATION FOR SUPERINTENDENT DON HARPER WHO WILL BE RETIRING FROM THE SCHOOL BOARD. Councilman Cleyton 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. • • • • • • Mayor Taylor introduced Norm Dimengus from Adolph Coors Company. Mr. Dimengus stated he is in attendance at this meeting in an effort for their company to become acquainted with local governments in the Denver metro area. • • • • • • There being no further business, Meyor Teylor adjourned the City Council meeting at 10:40 p.m.