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.