HomeMy WebLinkAbout1977-11-07 (Regular) Meeting MinutesREGULAR MEETING:
COUNCI L CHAMBERS
CITY OF ENG LDIOOD, COLORAOO
November 7, 1977
The City Council of the City of Englewood, Arapahoe County, Colorado,
met in regular session on November 7, 1977, at 7:30 p.m.
Mayor Pro Tem Clayton, presiding, called the meeting to order.
The invocation was given by Mayor Pro Tem Clayton. The Pledge of
Allegiance was led by Boy Scout Troop 1192.
Mayor Pro Tem Clayton asked for roll call. Upon a call of the roll,
the following were present:
Council Members Williams, Sovern, Smith, Brown, Clayton.
Absent: Council Members Mam, Tqlor.
The Mayor Pro Tem declared a quorum present.
Also present vere: City Manager Mccown
Assistant City Manager Curnes
City Attorney Berardini
Director of Finance/City Clerk James
Deputy City Clerk Watkins
• • • • • •
COUNCILMAN BROWN MOVED TO ACCEPI' THE MINl11'E5 OF THE REGULAR CITY
COUNCIL MEETING OF OCTOBER 17, 1977. Councilman Sovern seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Brown, Sovern, Smith, Clqton.
Nays: None.
Abstain: Council Member Williams.
Absen t: Coun cil rt.ember s Mann , Tay lor.
The Mayor Pro Tern declared the mo tion carried.
* * * * * *
COUNCILMAJ S "E Rl i." • 'D TO ACCEPT THE MINUTES OF THE SPECIAL CITY
OUJ IL J .;E~IH G OF OC .ER 1 , 1 977 . Co n i1rnan Willi am s seconde d the motion.
U_o n a call o f the r 11 , t h e .. ote r s ted a s follows :
'' . I 'fi r 7 f 19 ( 7
Pa g e 2
Ayes: Council Members Brown, Willia.ms, Sovern.
rtays: None.
Abstain: Council Me1nbers Smith, Clayton.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried •
• • • • • •
Pre-scheduled visitors, Mr. Ivy Hunt, 4425 s. Santa Fe Drive, and
Mr. James Norris, 4435 s. Santa Fe Drive, appeared before the Council and
presented an "Intention to Petition for Annexation to the City of Englewood,
Colorado". Mr. Norris elaborated the presentation stating that the people
who had signed the intention to petition were interested in annexing to the
Cit¥ of Englewood for the purpose of fire protection of their properties.
Mr. Hunt and Mr. Norris discussed their request with the Council
members depicting those areas that would be annexed and other areas that would
not be included in the annexation and the reasons why.
City Attorney Berardini asked Mr. Norris and Mr. Hunt if a petition
for annexation has been or will be presented to the City of Sheridan; and if
any properties involved here tonight were to be included in the petition going to
Sheridan.
Mr. Hunt stated that Parcel 15, Mr. Coggins at 4125 s. Santa Fe,
might be included in the petition to Sheridan and the only other questionnable
parcel would be 125, Platte River Asphalt.
COUNCILMAN SMITH K>VED 'IHAT THE COUNCIL RECEIVE 'IBE "INTENTION TO
PETITION FOR ANNEXATION" AND THAT EFF~TIVE IMMEDIATELY THE AREAS APPEARING
ON THE PETITION BE COVERED FOR FIRE PROTECTION UNTIL JANUARY 3, 1978, AND ANY
NEW PE'rITION SIGNERS THEY WOULD GE!' IN THE INTERIM WOULD ALSO BE COVERED IMMEDIATELY
BY FJIGLBIOOD FIRE PROTECTION AND THAT UNDER THE PROVISION OF THE STATE
STA'IUI'E FOR THE MUtfICIPAL SERVICEB TO 01Jl'SIDE CONSUMERS WHICH IS 13-12-121
TH EY BE GIVEN A COPY OF THE AGREEM~ OF ANNEXATION TO THE CITY OF ENGLEWOOD
AND THAT THE ISSUE BE DISCUSSED WITH THEM. Councilman Sovern seconded the
motion.
Co ncilman mith state d that if the petitioners have any questions on
the mo ti o n , that he petiti o ners can feel free to ask.
rri j 1q_u ire i~ t~e te s et to end e r v ice was a standard
o nc ilm<>n La e d th e time l imit was an arbitrary date
November 7, 1977
Page 3
Ci ty Att orney Be r ardi ni queried Mr. Norris and Mr. Hunt about
Mr. Coggi ns, Par c e l N5, d esi r i ng fire protection even though he may change his
mind l ate r about a nnexing to Eng l e wood.
Mr. Norris and Mr. Hunt stated Mr. Coggins has not informed them I
fully of his intentions although he has not withdrawn his name.
Councilman Smith asked the City Attorney if Parcel 15 should be deleted
because of legal ramifications.
City Attorney Berardini stated that Council may want to hold 15
because of the restraining access to his property; but legally the Council can
acknowledge his signature and desire to annex.
City Attorney Berardini also explained to Mr. Norris and Mr. Hunt
that under the law it the property owners want fire protection continued
a~er the date that Council has set, the petitioners would be required
to sign an agreement to al'l'lex to the City at the first appropriate time and
would thereafter receive all services from the City.
Upon a call ot the roll, the vote on the motion resulted as follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried.
Mayor Pro Tem Clayton instructed City Manager Mccown to inform
the Englewood Fire Department of the areas that were to be covered by-fire
protection.
Mr. Hunt and Mr. Norris thanked the Council for their prompt action
and stated that there JD8¥ be other visitors present at the Council meeting who
have signed the "Intention to Petition" and would like to speak to the Council
on this matter.
Mayor Pro Tem Cl ayton asked if there was anyone in the audience wishing
to speak before the Cou nc il on thi s matter.
Mr . Jerr-y Ke t tle, 4334 S . Santa Fe, app e a red befo re the Co u ncil
and stated that h e u n derstood hat thi s area h a d pol ice protecti on from t h e
c·ty o f She rid~n .
Ci~y Attorr ey erar d ini s tate d that if t h e a rea wa s in the Coun ty
then ordinar i l y th e p i c e pro ecti on cam e from the County Sh eriff's De p artment.
I
No v ember 7, 1977
Pa ge 4
Mr. Norman Sample, 2151 W. Radcliff, appeared before the Council
and stated that there are still some problems that need to be resolved between
t~ose residents wishing to annex to Englewood and those wishing to annex to
Sh e ridan; but he thought the problems were minor and could be resolved in the
near future. Mr. Sample also stated that an annexation petition has not been
presented to the City of Sheridan yet.
• • • • • •
COUNCILMAN SOVERN MOVED TO ADD 2 (b) 'ro '!HE AGENDA WHICH IS A LETTER
FROM THE EIGLDIOOD CITY COUNCIL TO MR. ROO'OL0 9 4310 SOl1rH BROADWAY. Council-
man Smith seconded the motion. Upon a call of the roll, the vote resulted as
f'ollovs:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried.
Mayor Pro Tern Cl&y"ton read aloud the letter addressed to Mr. Rotolo.
COUNCILMAN SOVERN MOVED TO smn THE LETTER UPON PROPER SIGNATURES
OF ALL COUNCILMEMBERS TO MR. ROTOLO, 4310 SOUTH BROAIMAY. Councilman Smith
seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Cl~ton.
Nays: None.
Absent: Council Members Mann, T&y"lor.
The Mayor Pro Tem declared the motion carried.
• • • • • •
COUNCILMAN BROWN MOVED TO SUSPEND THE RULES AND LEr CYrHER VISITORS
SPEAK TO THE CITY COUNCIL AT THIS TIME. Councilman Sovern seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayes: u cil T· mber s Br own, Wi lliams, Sovern, Sm ith, Clayton.
::a ys : !: ne .
f:nt : o c i Members Mann, Taylor.
7 · e :-:•:·o r ?r ':'e:.. declared t he motion carried.
r em nyt0 n a ~ked if t ~e re was anyone in the au i en ce
fore t. e o u il at this time on any natte rs.
November 7, 1977
?c g e 5
No one replied.
• • • • • •
"Conununications -No Action Recommended" on the agenda were received:
(a) Minutes of the Denver Regional Council of Governments
meeting of September 21, 1977.
(b) Minutes of the Planning and Zoning Commission meeting
of October 4, 1977.
(c) Minutes of the Englewood Parks and Recreation Commission
meeting of October 13, 1977.
I
(d) Minutes of the Election Commission meeting of October 17, 1977.
(e) Memorandum from the Chief of Police to the City Manager
concerning the I.A.C.P. National Conference in Los Angeles,
California.
• • • • • •
City Manager Mccown presented the minutes of the Englewood Public
Library Board meeting of October 11, 1977 which recommends the Council approve
a contract with the Arapahoe Regional Library District for 1978 and authorizing
the ~or to sign the contract.
COUNCILMAN BRCMN MOVED TO ACCEPT THE R~OMMENDATION OF THE ENGLEWOOD
LIBRARY BOARD AND TO INSTRUCT THE CITY ATTORNEY TO CARRY OlJI' THE REQUEST.
Councilman So·i'ern seconded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Cl~ton.
N~s: None.
Absent: Council Members Mann, Taylor.
The M~or Pro Tem decla red the motion carried.
* * * * • •
City !fanager McC wn req es t e d that the next agenda item -mi nutes
of he Wa er ~nd c ew~ Jr ~ P ti. of Oc ober 1 8, 1 977 an d t h e Bo ard 's
re _c.;-:i~, !Jda ·c·n -ll l1 ·1 /::;s .i."t nt City i·'.· n g er Curn e s re t ur ned
to the Cound 1 C . ., 11 rs .
* * * * * *
No v ember 7, 1977
Pa ge 6
COUNCTLMAN SOVERN MOVED TO APPROVE THE RENEWAL OF A RF:rAIL LIQUOR
STORE LICENSE FOR ENGL»JOOD LIQUOR STORE, 3434 SOl1I'H BROADWAY. Councilman
Williams seconded the motion. Upon a call of the roll, the vote resulted
as foll Olis:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tern declared the motion carried.
• • • • • •
Assistant City Manager Curnes returned to the Council Chambers and
City Manager Mccown asked him to present the minutes of the Water and Sewer
Broad meeting of October 18, 1977 to the Council. Assistant City Manager
Curnes explained that the recommendation from the Water and Sewer Board was
essentially that the Council approve the Pride Tap-On Agreement in Valley
Sanitation District. Assistant City Manager further explained that the
district engineer had assured the Water and Sewer Board of the adequate
capacity in the sewer trunk line.
COUNCIIJ.1AN WILLIAM:> MOVED TO ACCEPT THE RECOMMENDATION FROM 'IHE
WATER AND SEWER BOARD AND THAT THE PRIDE TAP-ON AGREEMENT IN VALLEY SANITATION
DIS TRICT BE APPROVED. Councilman Sovern seconded the motion. Upon a call of
the roll, the vote resulted as follOW"s:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried.
• • • • • •
City Manager Mccown presented a request for a change of ownership
for the Casual Lounge, Inc., .65 West Floyd Avenue.
r -~ayor Pro Tern Clayton a sked if there was anyone in the a udience
r e presenting t he Ca sual Lo un g e, Inc.
. ·lr . Gary Copp, 65 ·l . F oy d Av e ., appear e d befo re the Co uncil a s
t :.e repr esent a tiv e a nd stat d that t he ch a c e wa s fr om proprietorship to a
c o r pora t i on.
As . Bla nche 'T\ rn r , 6760 E. Ced a r Av e ., also appe are d befo re t1 e
Cc ncil a s a represen tative f t h e c o rp o ration.
November 7, 1977
Page 7
Mr. Copp and Ms. Turner answered the Council's questions concerning
this request.
COUNCILMAN SOVERN MOVED TO APPROVE THE CHANGE OF OWNERSHIP FOR
CASUAL LOUNGE, INC., 65 WF.ST FLOYD AVENUE FROM PROPRIETORSHIP TO A CORPORATION
WITH THE OFFICERS BEING GARY COPP, BLANCHE TURNER, AND LINDA COPY •. Councilman
Williams seconded the motion. Upon a call of the roll, the vote resulted as
follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried.
• • • • • •
Assistant City Manager Curnes presented a memorandum from the
Director or Community Development to the City Manager concerning an encroach-
ment request from Mr. Rupert Higman, 32>8 South Corona Street. Assistant
City Manager Curnes stated that Mr. Higman requested permission to construct
a 42 -inch woven wire fence across the front of his property intersecting with
th r r n es that have been installed on the north and south sides of his
property. Assistant City Manager Curnes stated that the request involves
an encroachment or approximat•!ly eight (8) feet into the right-of-wq of
South Corona Street. Assistant City Manager Curnes further stated that
Mr. Higman is blind and in poor health and that he has been approved for a
seeing-eye dog; but before he can receive the dog, his. yard must be enclosed.
COUNCILMAN SMITH ~VED THAT THE ENCROACHMENT REQUEST FROM MR. RUPERT
HIG'rlAN,~3208 SOUTH CORONA STREET, BE GRANTED. Councilman Sovern seconded the
motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Ma
0rm, Taylor.
The Mayor Pro Tern declared the motion carried.
* * * * * *
:·:· -"': T '; /.,S A BIL!... Y C Ui.8 IL" .:· WTI AJ.1S
A BILL FOR
.ll_:; ,.., D :; ; E AP?RO Ir G A GRAHT BE71· EE H THE CITY OF ENG LEWOOD AND THE ENGLEWOOD
t:':iJ.,1.:G SE BY T. E Ei lGLEHOO D HOU S IN G AUTHORITY OF $150,000
; ~~ ·.:-:.:. .::n.J:--I::" .:~:L.I r.:. ___ I .. ?iiOGPJ..:.1.
November 11 1977
Page 8
C~iJ iff:lJ .r ~N WILLIAMS MO VED TO PASS THE BILL FOR AN ORDINANCE ON FIRST
READING. Councilma n Sovern seconded the motion. Upon a call of the roll, the
vote resulted as follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
lays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried.
• • • • • •
lm30Ll1l'IOI NO. 41, SERIES OF 1977
A RESOLl1l'IOlf ACCEPTING A GR.AMT OF $150,000 FROM THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMEll'l' (H.U.D.) AND APPROPRIATING SAID FUNffi TO 'IHE ~GLEWOOD
HOIBING AlmlORITY FOR THE PURPa3E OF HOIBING RElfABILITATION.
COUNCILMAN WILLIAM:3 MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1977.
Councilman Sovern seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members M8nn 1 Taylor.
The Mayor Pro Tem declared the motion carried.
• • • • • •
INTRODUCED AS A BILL BY COUNCILMAN CLAYTON
BY AUTHORITY
ORDINANCE NO. 27
SERIES or 1977
AN ORD! lANCE FIXING THE TAX LEVY IN MILLS UPON F..ACH DOL LAR OF THE ASSESSED
VALUAT IOI OF ALL TAY.ABLE PROP E RTY WITHIN THE CITY OF EN GLEWOOD , COLORAOO,
FOR r:-rlE YEAR 1978 .
Ot .!CI '·~H S ·1ITH MOVE D TO PASS OR D:A,: .E ;: • 2 , :RI.SS OF 1977
o:: , r ::AL . ::.A I ~G . Co unc i lma n Brown seco nded t h e .. '.:J t · n.
r 1 , , e v te resu1 ed as fo l ows:
o n a c a l l o f t h e
/..yes : o ncil ·~ .ters Br wn , ,;i1 iar o ve rn , mith, Clayton .
November 7, 1977
·Page 9
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried.
• • • • • •
Mayor Pro Tem Clayton asked if there were other visitors in the
audience wishing to address the Council.
Myrtle Jones, 5020 S. Washington, appeared before the Council and
inquired about the public's right to speak on any Council action after a
motion has been made.
Councilman Smith stated that the audience does not have the right
to speak after a motion has been made; however, he could not think of any
time when someone in the audience was denied an opportWlity to be recognized
to speak before the Council during his term.
Mayor Pro Tem Clayton reiterated that the audience did not have
a right to speak following a motion; but assured Mrs. Jones that the chair
could suspend the rules at any point to hear from someone in the audience.
Councilman Brown stated the answer was no because of the following
reasons 1) the people can call the City Manager's office and request to be
placed on the agenda or 2) they can wait and speak under the other visitors
section of the agenda; however, the Council can agree to hear from someone
after a motion is made.
Mrs. Jones then asked the Council if al'\Yone could apply for the
rehabilitation program.
Councilman Sovern stated that the program was designed for middle
and lov income residents and that no target.area was planned.
• • • • • •
Mr. Marten Lathrop, 3259 S. Clarkson, appeared before the Council
and c ommended the Council for the favorable action taken granting Mr. Higman
perm is sion to encro ach o nto pub l ic property in order to completely enclose his
yard .
:: ::. -: er.::i e r
* * * * * *
_ n i -ni n -=r c .:n reminde e·.re ryone present to vote on Tues d ay,
977 i n t h e : · nic ip a l ele c tion.
* * * * * *
Novemb er 7, 1977
Pag e 10
Councilman Sovern pointed out that next week he is to attend the
DRCOG meeting and one item on the agenda is proposed legislation on housing
authority for the Denver metropolitan region. Councilman Sovern stated one
proposal is to form another metropolitan district with voluntary compliance
and the second proposal is to let local groups operate in a ten mile radius
and as it turns out the local groups can not do this. Councilman Sovern
further stated that there is an emphasis on DRCOG to support modification of
the Denver Authority by changing its name, broadening its membership and
taking away any taxing powers like those ot a metropolitan district. The
compliance would be voluntary and the change would allow cities like Sheridan
and Glendale that do not have a staff a way to participate and ·develop some low
in com e housing. Councilman Sovern speculated over the the proposal when he
stated that those cities who want to build housing will and those cities who
do not want to build the housing just will not. Councilman Sovern stated the
reason the proposals are being made is that the Federal government stated that
DRCOG was not meeting the fair share allocation of low income housing in the
Denver metropolitan area. The purpose of the DRCOG proposal, Councilman
Sovern further explained, would then be to put the legislation on the Governor's
call so whatever action needs to be taken will be done in the next legislature.
Councilman Sovern then asked for Council input on this issue.
Councilman Smith expressed concern over the issue being placed on the
Go vernor's call allowing someone to turn the issue into not a maybe mandatory
participation but a metropolitan participation based on the r~gional zoning.
Co uncilman Sovern stated he foresaw little impact on the City of
Englewood except if the regional allocation was not met and if someone really
wanted the funding no matter what; then, Councilman Sovern stated a metropolitan
district would be formed absorbing our district.
Mayor Pro Tem Clayton stated that he did not warit the Englewood
housing district to be a part of a metropolitan housing district.
May or Pro Tern Clayton suspended the rules and recognized a person
in e audience wishing to add ress the Council.
Mr. Charles Best, 3370 S. Grant, appeared before the Council and stated
that he repre ented the Englewood Transportation Committee at DRCOG. Mr. Best
e xpressed concern whether Englewood was getting the beneficial returns for all
the time that was spent attending the meetings.
Co 'rid lnan S v ern a.£r c>e t h at s om e of the c ommittees effectiveness
::: • .. a;·i::' .al ; but th e 0·1 ral 1 pn.r icipati on do es result in the provision of
~·r e se:r ric e s nd i npr v meri ts ;ri t h e City of Englewood.Councilman Sovern
<i :-.!"e: :.:.. • t:(:s ;-, !"G:r.e of t he s e nr ices ¥e r e i ven to Engl ewo o d simply
·,: '"' r the : . ·=· . :-:t,S . ~.d. vot ed on Englewood related issues 0
~ern stated t hat t e nd e rs tood ~r. Best's frustrati ons; h ow ever,
t!. p ·c,._::"rc i n e e::·al ·"-Sa ·o o n e .
* * * * * *
November 7. 1977
Pa e e 11
COUNCILMAN WILJJIAM3 MOVED TO ADJOURN THE REGULAR MEETING OF THE
CI TY COUNCIL . Co uncilma n Sovern seconded the motion. Upon a call of the
roll. the vote resulted as follows:
Ayes: Cou ncil Members Brown, Williams, Sovern, Smith, Clayton.
Nays: None.
Absent: Council Members Mann, Taylor.
The Mayor Pro Tem declared the motion carried, and the regular
meeting of the City Council adjourned at 8:50 p.m.
~ut;Cit;: Clerk