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HomeMy WebLinkAbout1976-02-02 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 2, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 2, 1976 at 7:30 p.m. Due to the large audience, the meeting was opened in the Community Room. Mayor Pro Tern Clayton, presiding, called the meeting to order. The invocation was given by Reverend Dave Hunter of Hampden Hills Baptist Church, 3095 South University. The Pledge of Allegiance was led by Cub Scout Pack #153. Mayor Pro Tern Clayton asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, and Mayor Pro Tern Clayton. Absent: Council Member Sovern and Mayor Taylor. The Mayor Pro Tern declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger Assistant City Attorney Clark Acting Director of Community Development Romans Director of Utilities Carroll Director of Public Works Waggoner Director of Finance James Deputy City Clerk Varner * * * • • • Mayor Pro Tern Clayton presented a proclamation commending Reverend Sherman H. Miller of the First Christian Church, 3190 South Grant, for his long and faithful contribu- tion to his parish and the community of Englewood. The procla- mation was read by Councilman Smith. Reverend and Mrs. Miller were present to receive the proclamation, and Reverend Miller thanked the members of Council and friends. * • • * • • COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 19, 1976. Upon a call of the roll, the vote resulted as follows: February 2, 1976 Page 2 Clayton. Ayes: Council Members Williams, Smith, Brown, Mann, Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Representatives were present from the Community Arts Symphony, 333 West Hampden Avenue, to discuss funding for 1976. Susan Pendleton, President, gave a brief report on the Symphony and asked Council for a donation of $2,500. Also present were Diane Swain, Business Manager, and Stowell Sandmeyer, member of the Board of Directors. Mayor Pro Tern Clayton stated that this matter should be considered at the Council meeting on February 17 or March 1. Councilman Brown expressed his support for the Symphony and stated it is something Englewood needs. • • • • • • COUNCILMAN BROWN MOVED AND COUNCTLMAN MANN SECONDED A MOTION TO ADJOURN THE MEETING IN TO THE COUNCIL CHAMBERS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried, and the meeting was moved into the Council Chambers. Upon a call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, Clayton. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared a quorum present. • • • • • • Thomas J. Ginther, new owner of Cherrelyn Drug Store, 4285 South Broadway, was present to request the reissuance of the drug store liquor license to his name. Mr. Ginther stated that he purchased the entire business in December and that he is the sole proprietor. He further stated that he will manage the drug store and also be the pharmacist. The hours will be February 2, 1976 Page 3 9:00 a.m. to 8:00 p.m. Monday through Friday, 9:00 a.m. to 9:00 p.m. Saturday, and closed on Sunday. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO REISSUE THE DRUG STORE LIQUOR LICENSE FOR CHERRELYN DRUG STORE, 4285 SOUTH BROADWAY, TO THOMAS J. GINTHER. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. I I I I I I COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER AGENDA ITEM 5-d, A RESOLUTION CONCERNING THE APPLICATION FOR A RETAIL LIQUOR LICENSE FOR THE LIQUOR BARN LTD., 4415 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton. Nays: Council Member Smith. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. RESOLUTION NO. 6, SERIES OF 1976 A RESOLUTION DENYING THE APPLICATION OF THE LIQUOR BARN, LTD., A COLORADO CORPORATION, TO SELL MALT, VINOUS AND SPIRITOUS LIQUORS IN SEALED CONTAINERS NOT TO BE CONSUMED AT THE PLACE WHERE SOLD, TO BE LOCATED AT 4415 SOUTH BROADWAY, ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS RESOLUTION NO. 6, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. I I I I I I February 2, 1976 Page 4 Jerry Blumenhein, 3400 South Clarkson, was present representing People In Action (PIA) to discuss the Senior Citizens Recreation Center. Their main concern is over the location of the project, and they feel the old Police and Fire building is the ideal location. He presented Council with thirteen petitions containing over 1,200 signatures of resi- dents who support the location of the Senior Citizens Center in the old Police and Fire building at South Bannock and West Girard. There was discussion by Council; and Councilman Brown requested that Grady Franklin Maples, Chairman of the Englewood Centennial-Bicentennial Foundation, speak on the subject. Grady Franklin Maples, 22 Viking Drive, reported that the Englewood Centennial-Bicentennial Foundation is in the process of a fund-raising campaign to raise $100,000 to be turned over to the City of Englewood to help build the Senior Citizens Recreation Center. They have approximately $30,000 in pledges at this time. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN S~CONDED A MOTION TO HAVE MAURICE JONES, VICE-CHAIRMAN OF 'PEOPLE IN ACTION', SPEAK AT THIS TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Maurice Jones, 5020 S. Washington, expressed his con- cern over what the actual cost of the project might be and that not all expenses are being considered. He also stated that the recreation center could become a private club for the senior citizens living in the housing for the elderly building. Mayor Pro Tern Clayton asked those people in attendance who support the location of the Senior Citizens Center in the old Police and Fire building to stand, and the City Clerk counted twenty-two people. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ALLOW OLIVER GISEBURT TO SPEAK AT THIS TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. February 2, 1976 Page 5 Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Oliver Giseburt, 3171 South High, appeared and stated that he feels the proposed location for the project is bad. He also stated that the estimated costs for the project are unreal- istic because of the inflation factor. Mr. Giseburt pointed out that a lady in the audience who is a member of a Denver senior citizens center must pay $1.50 for the meals served; and she was identified as Antonia Krelovich, 4196 South Pearl. COUNCILMAN BROWN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO HAVE A TEN MINUTE RECESS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Council reconvened at 9:50 p.m. Upon a call of the roll, the following were present: . Council Members Williams, Smith, Brown, Mann, Clayton. Absent: Council Members Sovern, Taylor. Mayor Pro Tern Clayton declared a quorum present. Oliver Giseburt continued by stating that there is a building available in Englewood for $8.00 per square foot that should be considered. • • • • • • "Communications -No Action Recommended" on the agenda were all accepted: (a) Minutes of the DRCOG Council meeting of December 3, 1975. (b) Minutes of the Board of Adjustments and Appeals meetings of December 10, 1975 and January 14, 1976. (c) Minutes of the Board of Career Service Cormnissioners meeting of January 15, 1976. Fe bruary 2 , 197 6 Page 6 (d) Minutes of the Planr.ing and Zoning Commission meeting of January 6, 1976. (e ) Minutes of the Police Pension Board meeting of January 23, 1976. (f) Transmittal of the 1976 Budget. (g) Report from the City Manager and Chief of Police on their attendance at the ICMA/LEAA Law Enforce- ment Leadership Seminar in San Francisco on January 21-23, 1976. Councilman Smith requested that Councilman Sovern discuss item 3a, Minutes of the DRCOG Council meeting of December 3, 1975 -page 4, "1976 DRCOG Weighted Voting Formula" -when he returns. • • • • • • City Manager Mccown presented six recommendations from the Planning and Zoning Commission meeting of January 20, 1976. INTRODUCED BY COUNCILMAN BROWN A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-C SINGLE FAMILY RESIDENCE DISTRICT, TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORD- INGLY. COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS ON FIRST READING A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-C SINGLE FAMILY RESIDENCE DISTRICT, TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY; AND SETTING A PUBLIC HEARING ON MARCH 1, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • February 2, 1976 Page 7 City Manager Mccown stated that the other five reconunendations from the Planning and Zoning Commission are only transmittals of findings of fact and only need to be received by Council. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED I A MOTION TO RECEIVE AGENDA ITEMS 4a-ii, 4a-iii, 4a-iv, 4a-v, and 4a-vi, TRANSMITTALS OF FINDINGS OF FACT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO RESET THE PUBLIC HEARING DATE FROM FEBRUARY 17, 1976 TO MARCH 1, 1976 FOR AGENDA ITEM 4a-v, TRANSMITTAL OF FINDINGS OF FACT FOR WILLIAM VAN HEUSEN FOR PART OF 3500 BLOCK ON SOUTH DELAWARE AND PART OF 3500 BLOCK ON SOUTH ELATI. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO CONSIDER AGENDA ITEM 4-d, RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION MEETING OF JANUARY 6, 1976, CONCERNING DENIAL OF A REZONING REQUEST BY GRADY F. MAPLES, 300 AND 330 WEST BELLEVIEW AVENUE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. February 2 , 19 76 Page 8 Grady Franklin Maples, 22 Viking Drive, appeared and requested a public hearing on April 5, 1976. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A BILL FOR AN ORDINANCE CONCERNING THE REZONING REQUEST BY GRADY F. MAPLES FOR 300 AND 330 WEST BELLEVIEW AVENUE TO BE PRESENTED AT THE COUNCIL MEETING ON FEBRUARY 17, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER AGENDA ITEM 6d, CITY MANAGER'S CHOICE, ALONG WITH AGENDA ITEMS 4b-i AND 4b-ii, RECOMMENDATIONS FROM THE WATER AND SEWER BOARD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. City Manager Mccown presented a recommendation from the Water and Sewer Board to renew the contract with A-1 Divers School for use of McLellan Reservoir. Director of Utilities Carroll outlined this contract, which has been in effect for the past four years. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO RENEW THE AGREEMENT WITH A-1 DIVERS SCHOOL FOR THE USE OF McLELLAN RESERVOIR FOR UNDERWATER RESCUE TRAINING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. February 2, 1976 Page 9 The Mayor Pro Tern declared the motion carried. City Manager Mccown presented a recommendation from the Water and Sewer Board that City Council authorize City staff to attend the meeting on February 3 of the State Water Quality Commission and apply for the maximum available funds of the 201 Grant. He outlined the history of the proposed 201 study and stated that the meeting should be attended to inform them of our intent to apply for 201 funds. He further stated that they should be informed that the study should not be limited in any way. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO APPROVE THE RECOMMENDATION OF THE WATER AND SEWER BOARD AUTHORIZING CITY STAFF TO ATTEND THE MEETING ON FEBRUARY 3 OF THE STATE WATER QUALITY COMMISSION AND TO APPLY FOR FUNDS OF THE 201 GRANT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Mayor Pro Tern Clayton made a request that HDR arrange a meeting with the two new Councilmen to bring them up to date on the projects involved. Peter Heye, representative from HDR, stated he would be glad to have all Council Members take a tour. COUNCILMAN MOTION TO DIRECT THE COUNCIL UP TO DATE. as follows: MANN MOVED AND COUNCILMAN SMITH SECONDED A STAFF AND HOR TO PRESENT A TOUR TO BRING Upon a call of the roll, the vote resulted Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. Director of Utilities Carroll presented and explained a sewer tap-on agreement between Rocky Mountain Prestress, Inc. and Valley Sanitation District for which Rocky Mountain Prestress is asking the City of Englewood to be a third party. Fe b r u ary 2 , 19 76 Page 1 0 COUNCILMAN WILLIAMS MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE THREE-WAY AGREEMENT BETWEEN VALLEY SANITATION DISTRICT, ROCKY MOUNTAIN PRESTRESS, AND THE CITY OF ENGLEWOOD FOR A SEWER TAP-ON. Harold Hurst, 3385 South Bannock, attorney for Rocky Mountain Prestress, stated that the sewage is presently being held in a holding tank which is being pumped; and that there are problems with the sewage backing up. He further stated that the waste will be domestic type and no industrial or chemical wastes will be in the line. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY MANAGER AND ROCKY MOUNTAIN PRESTRESS TO PREPARE A REPORT TO BE PRESENTED TO COUNCIL AT THE NEXT MEET- ING REGARDING CONSIDERATION OF A BUILDING THAT COULD BE USED FOR THE SENIOR CITIZENS CENTER. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton. Nays: Council Member Smith. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * • City Manager Mccown presented a recommendation from the Parks and Recreation Commission for Cushing Park Pond. They have recommended three minor changes for the pond, but the City's insurance company found the park to be in an overall satisfactory and safe c ondition. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTIO N TO APPROVE THE RECOMMENDATION OF THE PARKS AND RECREA- TION COMMISSION THAT THE POND AT CUSHING PARK: (a) NOT BE FILLED TO ANY DEPTH; (b) THAT THE BANK BE TERRACED AND PLANTED AND SURMOUNTED BY A SUITABLE WALL TO PREVENT OBJECTS FROM ROLLING DOWNHIL L ; (c) THAT THE POND BE POSTED AS TO THE DEPTH OF THE WATER. Upon a call of the roll, the vote resulted as follows: February 2, 1976 Page 11 Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. City Manager Mccown pointed out that the insurance company feels this action could endanger the law suits that have been filed. Councilman Mann stated he feels the Parks and Recreation Commission should be commended for their recom- mendation. Director of Finance James explained that the insurance company feels the pond as it is does not present a situation that would make the City liable in a law suit, and that if changes are made it could be considered as admitting liability for the drownings. Assistant City Attorney Clark stated that the lawyers could make a point if changes are made which could have an adverse effect on the case. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO RECONSIDER THE PREVIOUS MOTION CONCERNING THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION FOR CUSHING PARK POND. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO REVOTE ON THE PREVIOUS MOTION APPROVING THE RECOM- MENDATION OF THE PARKS AND RECREATION COMMISSION FOR CUSHING PARK POND. Upon a call of the roll, the revote resulted as follows: Ayes: Council Member Mann. Nays: Council Members Williams, Smith, Brown, Clayton. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion defeated. February 2, 1976 Page 12 COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO TABLE THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION FOR CUSHING PARK POND UNTIL FURTHER COUNSEL CAN BE RECEIVED FROM THE CITY ATTORNEY AND THAT THIS MATTER BE BROUGHT BEFORE COUNCIL WHEN THE CITY ATTORNEY DEEMS APPROPRIATE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO APPROVE THE 3.2 BEER LICENSE RENEWAL FOR U-TOTE-M, 123 EAST BELLEVIEW AVENUE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Director of Public Works Waggoner reviewed the storm drainage program and the bids for North Central Englewood Basin Phase II. He reported that nine bids were received on January 28, 1976; and the low bid was received from Western Paving Construc- tion Company in the amount of $496,493.27. The total estimated project cost will be $581,388.27. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AWARD THE BID FOR NORTH CENTRAL ENGLEWOOD BASIN PHASE II TO WESTERN PAVING CONSTRUCTION COMPANY IN THE AMOUNT OF $496,493.27. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. February 2, 1976 Page 13 Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * • The Mayor Pro Tern declared a recess at 11:10 p.m. I Council reconvened at 11:20 p.m. Upon a call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, Clayton. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared a quorum present. • • * • • • INTRODUCED BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 4 SERIES OF 1976 AN ORDINANCE REPEALING SECTIONS 1 THROUGH 9, CHAPTER 11, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, ABOLISHING THE ENGLEWOOD POLICE CADET TRAINING PROGRAM. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS ORDINANCE NO. 4, SERIES OF 1976. City Manager Mccown reviewed the background of the program which started early in 1973 and stated the program has not been successful. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. I I I I I I INTRODUCED BY COUNCILMAN CLAYTON BY AUTHORITY o ~nINANCE NO. 5 SERIES OF 1976 February 2, 1976 Page 14 AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 9, CHAPTER 6, TITLE V OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ABOLISHING THE CLASS TITLE OF 'DETECTIVE' AND 'LAB TECHNICIAN' FROM THE POLICE DEPARTMENT SALARY SCHEDULE. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS ORDINANCE NO. 5, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * INTRODUCED BY COUNCILMAN MANN A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-A SINGLE-FAMILY RESIDENCE, TO R-1-C SINGLE-FAMILY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-A SINGLE-FAMILY RESIDENCE, TO R-1-C SINGLE-FAMILY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY; AND SETTING A PUBLIC HEARING FOR MARCH 15, 1976. Upon a call of the roll, the vote resulted as fqllows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • * • • • * Mayor Pro Tern Clayton presented a report from the Acting Director of Community Development to the City Manager concerning a sign code variance granted to Azar's Restaurant, 5211 South Broadway, by the Board of Adjustments and Appeals. February 2, 1976 Page 15 Acting Director of Conununity Development Romans outlined the action taken by the Board of Adjustments and Appeals allowing Azar's to exceed the maximum height of the sign code. She explained that if Council wishes to take any action against this it must be done within thirty days. Assistant City Attorney Clark stated that Council can appeal the action taken by the Board of Adjustments and Appeals. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTIO N TO PUT THIS ITEM ON THE AGENDA FOR THE SPECIAL CITY COUNCIL MEETING ON FEBRUARY 9, 1976 AND TO INVITE THE BOARD OF ADJUSTMENTS AND APPEALS TO APPEAR AT THE STUDY SESSION AT 6:30 P.M. FOR THEIR RESPONSE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * Assistant City Attorney Clark presented a memorandum from the City Attorney concerning his vacation plans for February 2 through February 14, 1976. * * * * * * City Manager Mccown presented a letter from the Regional Transportation District regarding their capital grant application for $39 million. They have requested a meeting with City Council to explain the program •. COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO HOLD A MEETING WITH THE REGIONAL TRANS- PORTATION DISTRICT ON FEBRUARY 10, 1976, AT 7:30 P.M. AT CITY HALL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * • * February 2, 1976 Page 16 City Manager Mccown presented a memorandum from the Director of Finance to the City Manager reference refunding of the sewer revenue bonds issued March 1, 1975. RESOLUTION NO. 7 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF SEWER REVENUE REFUNDING BONDS, SERIES 1976, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT OF $1,516,ooo, DATED MARCH 1, 1976. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS RESOLUTION NO. 7, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Chief of Police to the City Manager regarding the towing con- tract. He explained the existing contract and some of the problems involved, and he further discussed the new proposed procedure. Assistant City Attorney Clark stated that there may be some legal problems involved, and Councilman Smith requested that the City Attorney be directed to investigate the proposed change. Sam Clothier of Bob's Auto Service stated that the City cannot set the towing price because law suits could be filed. The Western States Towing Association is trying to get everyone to run under PUC regulations rather than each City having a different ordinance with different regulations. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION DIRECTING THE CITY ATTORNEY TO CONSIDER ITEM 1 ON PAGE 2 OF THE MEMORANDUM AND TO BRING HIS OPINION BACK TO CITY COUNCIL AT THE COUNCIL MEETING ON MARCH 1, 1976, IF THE PUC REGULATIONS ARE PROTECTIVE ENOUGH FOR THE CITY OF ENGLE- WOOD AND ALSO HIS RECOMMENDATION ON A NEW CONTRACT FOR TOWING SERVICES FOR THE CITY OF ENGLEWOOD ONLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton. Nays: Council Member Williams. February 2, 1976 Page 17 Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT ITEMS 2 AND 3 ON PAGE 3 OF THE MEMORANDUM BE REFERRED TO THE CITY ATTORNEY FOR HIS OPINION AND RECOMMENDA- TIONS TO BE RETURNED TO CITY COUNCIL AT THE COUNCIL MEETING ON MARCH 15, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Director of Utilities Carroll presented a Bill for an Ordinance and a supplement agreement allowing Cherry Hills Village Sanitation District to construct a sewer line within the limits of the City of Englewood. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO TABLE THIS ITEM AND TO HAVE IT REFERRED TO THE WATER AND SEWER BOARD FOR THEIR RECOMMENDATIONS BACK TO COUNCIL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann. Nays: Council Members Smith, Clayton. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Manager Mccown presented a letter from the Arapahoe County Task Force on Alcohol Problems, Inc., request- ing they be given their contribution from Council as soon as possible. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DELAY THIS ITEM UNTIL THE COUNCIL MEET- ING ON FEBRUARY 17, 1976. Upon a call of the roll, the vote resulted as follows: February 2, 1976 Page 18 Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Manager Mccown presented the possibility of having Mr. James Baird present a one-half day workshop on the morning of February 21, 1976 for labor negotiations. The cost would be approximately $200 to $250 plus one-half of his travel expenses. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO ARRANGE A MEETING ON FEBRUARY 21 WITH JAMES BAIRD REGARDING EMPLOYEE NEGOTIATIONS WITH A MAXIMUM EXPENDITURE OF $450. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Member Mann. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Councilman Brown stated he feels Council should hold dinners with the Boards and Commissions for the purpose of communications, as was done in the past. COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER THIS ITEM AT THE COUNCIL MEET- ING ON MARCH l, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • February 2, 1976 Page 19 Councilman Smith stated he feels some firm plans should be considered regarding garden level parking for the Senior Citizens Recreation Center. COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DIRECT THE CITY MANAGER TO FIND OUT ABOUT COSTS FOR POSSIBLE ADDITIONAL GARDEN LEVEL PARKING FOR THE SENIOR CITIZENS RECREATION CENTER TO BE REFERRED BACK TO CITY COUNCIL WITHIN THIRTY DAYS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. * * * * * • Councilman Smith inquired if the study session regarding the liquor code had been scheduled. It was agreed that this item be considered at the study session on February 17, 1976 when all Council Members and the City Attorney should be present. * • • • • • Councilman Mann suggested setting up a retreat for a weekend to take care of some of the many matters that are before Council at this time. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO LOOK INTO THE FEASIBILITY OF SETTING UP A RETREAT IN THE IMMEDIATE FUTURE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann. Nays: Council Members Smith, Clayton. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: February 2 , 19 76 Page 20 Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: None. Absent: Council Members Sovern, Taylor. The Mayor Pro Tern declared the motion carried, and the City Council meeting was adjourned at 1:10 a.m.