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Home My WebLink About1976-02-17 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 17, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 17, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend David Hunter of Hampden Hills Baptist Church, 3095 South University. The Pledge of Allegiance was led by Boy Scout Pack 153. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Acting Director of Community Development Romans Director of Finance James • • • • • • COUNCILMAN BROWN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON FEBRUARY 2, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Abstain: Council Member Sovern. Nays: None. The Mayor declared the motion carried. • • • • • • February 17, 1976 Page 2 COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEET- ING ON FEBRUARY 9, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Abstain: Council Members Sovern, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Mayor Taylor presented a resolution to John C. Maxwell for his years of outstanding service to the community of Englewood and as a member of the Library Board. RESOLUTION NO. 9, SERIES OF 1976 A RESOLUTION COMMENDING JOHN C. MAXWELL OF ENGLEWOOD, COLORADO, FOR LOYAL AND DEVOTED SERVICE TO THIS COMMUNITY AS A MEMBER OF THE ENGLEWOOD PUBLIC LIBRARY BOARD. Mr. Maxwell was present to receive the resolution and thanked the members of Council. COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS RESOLUTION NO. 9, SERIES OF 1976. 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. • • • • • • Ms. Jean Carlberg, President of the Arapahoe County League of Women Voters, presented Council with the "1976 Voters I Guide". She thanked Council for the contribution, which helped to print these guides. She stated that there will be additional needs for citizen information and voter service in the upcoming year and that any possible funds would be appreciated. • • • • • • Attorney Steve Shambaugh was present representing Steve Medina and Richard Gomez, Medina-Gomez Corporation, for the transfer of the three-way liquor license from the previous owners at 4595 South Santa Fe Drive. Mr. Shambaugh reviewed February 17, 1976 Pa g e 3 the details of the proposed establishment. He stated that the liquor license needs' to be renewed and then transferred. City Attorney Berardini disagreed with this process. He stated there may be problems because this liquor license was not renewed at the first of the year so there is no license in effect. He requested that this item be tabled until more infor- mation can be received. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO POSTPONE THIS ACTION UNTIL THE REGULAR CITY COUNCIL MEETING ON MARCH 1, 1976. 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. • • • • • • Oliver Giseburt, 3171 South High Street, was present representing the Englewood Insurers Group. He submitted a resolution in objection to the specifications for the City's insurance and how they eliminated almost all of the Englewood agencies from participating in the bidding. The resolution was read by the City Clerk. Councilman Mann pointed out that Ordinance 45, Series of 1973, adopted a risk management policy which caused these minimum requirements. City Manager Mccown stated that from the list of approximately forty potential bidders, one bid was received from an Englewood agency. Councilman Clayton stated that neither Mayor Taylor or himself, both independent insurance agents, can or should participate in any bid for the City's insurance because of their position with the City. He expressed his disagreement with the way the City is doing business regarding the insurance. Mayor Taylor agreed with some of Councilman Clayton's remarks. • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO HEAR FROM HERB MOSBARGER OF THE SCENIC VIEW ACTION COMMITTEE AT THIS TIME. Upon a call of the roll, the vote resulted as follows: February 17, 1976 Page 4 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Herb Mosbarger, 2250 West Wesley, Acting Chairman of the Northwest Englewood Action Group, was present to discuss the threats to close Scenic View School. He stated that more people and children are needed in the area, and that rezoning to R-2-C should help build up the area. The School Board has given a deadline date of March 8 for their decision, and Mr. Mosbarger asked for Council's cooperation and help. He stated that plans for more family housing could effect the decision of the School Board. Councilman Sovern pointed out that this is working after the fact, and that a comprehensive plan needs to be developed. He recommended a joint meeting of Council and the Planning and Zoning Commission to discuss this situation. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION REQUESTING CITY STAFF TO SET UP A MEETING BETWEEN CITY COUNCIL, PLANNING AND ZONING COMMISSION, AND NORTHWEST ENGLEWOOD ACTION GROUP REGARDING THE SITUATION AT SCENIC VIEW SCHOOL. A discussion by Council followed. 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. • • • • • • David Batchelor, 7101 South Webster, Littleton, was present representing the Englewood Centennial-Bicentennial Foundation. He reported that the official amount raised by the ECBF to date is $51,000; and they anticipate within the next fourteen days this amount will be over $70,000. • • • • • • "Communications -No Action Recommended" on the agenda were all accepted: (a) Minutes of the Library Board meeting of February 10, 1976. I February 1 7, 19 7 6 Page 5 (b) Minutes of the Planning and Zoning Commission meeting of January 20, 1976. (c) Financial Report as of December 31, 1975 for the Fire Pension Fund. (d) Financial Report as of December 31, 1975 for the Police Pension Fund. (e) Financial Report as of December 31, 1975 for the Employees Retirement Pension Fund. (f) Memorandum to the City Manager from the Director of Utilities regarding cleaning of reservoirs and associated water service problems. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO RECEIVE THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION FOR CASE #3-76, A REZONING REQUEST FILED BY MR. AND MRS. WEAVER, 2714 WEST UNION AVENUE. In response to Councilman Mann, City Attorney Berardini explained that the State Supreme Court has ruled that for rezoning matters a hearing body such as City Council is required to have findings of fact, conclusions, and recommendations; but the receipt of this material does not concur with the action recommended. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Member Mann. The Mayor declared the motion carried. • • • * * * COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION RECOMMENDING AN APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS REGARDING A VARIANCE TO THE SIGN CODE FOR AZAR'S RESTAURANT. A discussion by Council followed. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton. February 17, 1976 Page 6 Nays: Council Members Mann, Taylor. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED I A MOTION THAT THE FOLLOWING AMOUNTS BE CONTRIBUTED FROM THE CITY TO THE FOLLOWING ORGANIZATIONS: COMMUNITY ARTS SYMPHONY -$1,800; INTER-FAITH TASK FORCE -$5,000; CHAMBER OF COMMERCE AS A MEMBER- SHIP -$2,200; ARAPAHOE MENTAL HEALTH -$1,000; ALCOHOL DETOXI- FICATION CENTER -$5,000; JAYCEES OF ENGLEWOOD FOR THE PURPOSE OF HELPING TO SPONSOR THE JULY 4TH CENTENNIAL FIRE WORKS SHOW - $800; LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY -$200. Councilman Smith pointed out that the City Attorney should look into the legal aspects of the City belonging to the Chamber of Commerce. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A .MOTION TO AMEND THE ORIGINAL MOTION TO DELETE "MEMBERSHIP" AND INSERT "CONTRIBUTION" FOR THE CHAMBER OF COMMERCE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton. Nays: Council Members Williams, Mann, Taylor. The Mayor declared the amendment to the original motion carried. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AMEND THE ORIGINAL MOTION FOR THE CONTRIBUTION TO THE CHAMBER OF COMMERCE FROM $2,200 TO $5,000. A discussion by Council followed. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Clayton, Taylor. Nays: Council Members Sovern, Smith, Mann. The Mayor declared the amendment to the original motion carried. Councilman Smith moved to table the original motion. There was no second to the motion. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: Council Members Sovern, Smith. February 1 7, 1976 Page 7 The Mayor declared the motion carried. • • • • • • Mayor Taylor declared a recess at 9:25 p.m. Council reconvened at 9:37 p.m. Upon a 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. • • • • • • Mayor Taylor requested a revote on agenda item 4-b. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO REVOTE ON A PREVIOUS MOTION TO RECEIVE THE RECOMMENDA- TION FROM THE PLANNING AND ZONING COMMISSION RECOMMENDING AN APPEAL OF THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS REGARDING A VARIANCE TO THE SIGN CODE FOR AZAR'S RESTAURANT. Upon a call of the roll, the revote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Member Mann. The Mayor declared the motion carried. • • • • • • 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-3 HIGH DENSITY RESIDENCE ZONE DISTRICT, TO B-2, BUSINESS ZONE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS 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-3 HIGH DENSITY RESIDENCE ZONE DISTRICT, TO B-2 BUSINESS ZONE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY; AND SETTING A PUBLIC HEARING FOR APRIL 5, 1976. February 17, 1976 Page 8 Councilman Mann stated that there had been a petition drive once before which was voted down by the citizens for a zone change in this area, and he further pointed out that the Planning and Zoning Commission has recommended against this zone for this particular area. Councilman Brown explained that he had sponsored this Bill so a public hearing could be held, and that a decision by Council should not be made until after a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * INTRODUCED BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF SEWER REVENUE REFUNDING BONDS, SERIES 1976 OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $1,516,ooo FOR THE PURPOSE OF REFUNDING OUTSTANDING SEWER REVENUE BONDS, SERIES 1975 IN THE AMOUNT OF $1,550,000; PROVIDING FOR AN ESCROW TO PAY SAID BONDS AND THE INTEREST THEREON; PRESCRIBING THE FORM OF SAID REFUNDING BONDS AND PROVIDING FOR THE APPLICATION OF THE NET REVENUE OF THE SEWER SYSTEM TO PAY THE BONDS AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION THEREWITH; AND PRO- VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF SEWER REVENUE REFUNDING BONDS, SERIES 1976 OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $1,516,000 FOR THE PURPOSE OF REFUNDING OUTSTANDING SEWER REVENUE BONDS, SERIES 1975 IN THE AMOUNT OF $1,550,000; PRO-I VIDING FOR AN ESCROW TO PAY SAID BONDS AND THE INTEREST THEREON; PRESCRIBING THE FORM OF SAID REFUNDING BONDS AND PROVIDING FOR THE APPLICATION OF THE NET REVENUE OF THE SEWER SYSTEM TO PAY THE BONDS AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNEC- TION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE; AND SETTING A PUBLIC HEARING FOR MARCH 1, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. February 17, 19 76 Page 9 Nays: None. The Mayor declared the motion carried. • • • • • • INTRODUCED BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 22, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIB- ING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 22, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DIS TRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY; AND SETTING A PUBLIC HEARING FOR MARCH 22, 1976. 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. • • • • • • RESOLUTION NO. 8, SERIES OF 1976 A RESOLUTION AUTHORIZING THE NOTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS FOR PAVING DISTRICT NO. 22 AND ESTABLISHING A DATE FOR A PUBLIC HEARING ON SAID ASSESSMENTS. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO. 8, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. February 17, 1976 Page 10 The Mayor declared the motion carried. I I I I I I COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED I A MOTION TO AWARD THE BID FOR THE SEWER REVENUE REFUNDING BONDS TO BOETTCHER AND COMPANY IN THE PREMIUM AMOUNT OF $5,569.77 AS RECOMMENDED BY HANIFEN, IMHOFF & SAMFORD. 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. I I I I I I City Attorney Berardini requested that the report concerning legal liability surrounding recommendations at Cushing Park be tabled until he can review the conflicting recommendations of the insurance company and the Parks and Recreation Commission. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE AGENDA ITEM 5-e, "REPORT FROM THE CITY ATTORNEY CONCERNING LEGAL LIABILITY SURROUNDING RECOMMENDA- TIONS AT CUSHING PARK", UNTIL THE CITY ATTORNEY CAN GATHER THE NECESSARY INFORMATION. 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. I I I I I I City Attorney Berardini presented information concern- ing farm, wild and other exotic animals. Packets containing I typical ordinances dealing with this subject had been previously forwarded to Council. He requested Council's direction as to how the City Attorney's office should proceed with this matter. Councilman Mann stated that he feels the problem is that the ordinances are not actually enforced unless a complaint is received. A discussion by Council followed. City Attorney Berardini stated that the present ordinance contains the basic tools and can solve the problems if it is utilized. Febru a r y 1 7, 1976 Page 11 COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN AMENDED NUISANCE ORDINANCE TO PRESENT TO CITY COUNCIL SOMETIME WITHIN THE NEXT SIXTY DAYS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Councilman Clayton suggested that if the City adminis- tration gets a case which the ordinance cannot handle to inform Council so that existing problems can be made known. I I I I I I City Attorney Berardini reported there is a new offer of settlement with the Valley Water District law suit of 75%. He recommended that Council not accept settling for this amount because he feels almost all of the costs can be recovered. He also reported that the Liquor Barn has filed suit regarding their liquor license. I I I I I I City Manager Mccown presented a memorandum from the Assistant City Manager, Director of Finance, Director of Utilities, and Fire Chief to the City Manager regarding fire protection standby charges for sprinkler systems. He reviewed and explained the memorandum, and discussion by Council followed. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DRAW UP A RESOLUTION ELIMINATING THE FIRE PROTECTION STANDBY CHARGES EFFECTIVE JANUARY 1, 1977. 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. I I I I I I City Manager Mccown presented a memorandum from the Assistant City Manager and Personnel Director regarding the Fire Training Program. This memorandum asks for Council's February 17, 1976 Page 12 approval for three out-of-state trips. One is the Fire Depart- ment Instructors Conference in Memphis, and the other is for two batallion chiefs to attend the National Fire Department Manage- ment School in Dallas. City Manager Mccown explained that the monies for these trips would come within the overall training budget set up for each department. The conferences are for management/administrative training. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ALLOW THE THREE REQUESTED OUT-OF-STATE TRIPS BY THE FIRE TRAINING PROGRAM. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Assistant City Manager to the City Manager regarding the Golf Course Bid Schedule for Council's information. • • • • • • Councilman Sovern explained the "1976 DRCOG Weighted Voting Formula". • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPOINT JO ELLEN TURNER TO A FULL TERM ON THE CAREER SERVICE BOARD. 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 MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO REAPPOINT TOM BURNS TO THE HOUSING AUTHORITY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. February 17, 1976 Page 13 Nays: None. The Mayor declared the motion carried. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO REAPPOINT TOM BURNS TO THE URBAN RENEWAL AUTHORITY. 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. * * * * * * Cou·nc.ilman Mann 'reque'ste·d that the seats be shampooed and a general clean-up of the Council Chambers and Conference Room A. * * * * * * COUNCILMAN WILLIAMS MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brow·n, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried, and the City Council meeting was adjourned at 11:15 p.m. ~ ~--.,. - City Clerk ~