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HomeMy WebLinkAbout1976-03-15 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 15, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 15, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Mr. Werner Schnackenberg of the Ba'hai Assembly of Englewood. The Pledge of Allegiance was led by Cub Scout Pack #153. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Brown, Mann, Clayton, and Mayor Taylor. Absent: Council Members Sovern, Smith. 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 Deputy City Clerk Varner • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO ADD A STATEMENT TO THE PARAGRAPH REGARD- ING A COMPREHENSIVE LOOK AT THE CITY ON PAGE 17 OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH l, 1976, STATING THAT COUNCILMAN CLAYTON ASKED IF THE COMPREHENSIVE PLAN COULD BE DONE IN SECTIONS AND COUNCILMAN SOVERN RESPONDED THAT IT COULD BE DONE THAT WAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. March 15, 1976 Page 2 COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT A SENTENCE OF EXPLANATION BE ADDED TO THE PARAGRAPH ON PAGE 18 OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON MARCH 1, 1976, REGARDING VOTING "YES" AND "NO" RATHER THAN "AYE" AND "NAY". Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MARCH 1, 1976 WITH THE ABOVE CORRECTIONS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • Reference agenda item 2a, Grady F. Maples and Colbert Cushing were not present from the Englewood Centennial-Bicentennial Foundation to discuss plans for the victory dinner for the Senior Citizens Center. • • • • • • William K. and Shirley R. Johnson, 1956 East Mineral Avenue, were present regarding the transfer of 100% of the owner- ship of John W.'s Inc., dba Arnie's Lounge, 3467 South Broadway, from Noah Arnold to William K. Johnson. City Attorney Berardini explained that this is the I purchase of the business of John W.'s, dba Arnie's Lounge, and that it is not necessary for the liquor license to be reissued because the corporation remains unchanged. He further stated that all the documents are in order and all requirements have been met. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE TRANSFER OF OWNERSHIP OF 100~ OF STOCK OF JOHN w.•s INC., OBA ARNIE'S LOUNGE, 3467 SOUTH BROADWAY, TO WILLIAM K. JOHNSON. Upon a call of the roll, the vote resulted as follows: March 15, 1976 Page 3 Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. * * * • • • Attorney Steve Shambaugh, 730 Equitable Building, Denver, was present representing Steve Medina and Richard Go~ez for the renewal and reissuance of the liquor license for 4595 South Santa Fe Drive. City Attorney Berardini explained that this is a three way liquor license for Englewood Builders Finance Corporation that expired at the end of 1975. He recommended that this license be renewed for Englewood Builders Finance Corporation and then be reissued to Medina-Gomez Corporation, Inc. The State Liquor Division of the Department of Revenue has approved this procedure, which will not require a public hearing. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO RENEW THE LIQUOR LICENSE FOR ENGLEWOOD BUILDERS FINANCE CORPORATION, 4595 SOUTH SANTA FE DRIVE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO REISSUE THE LIQUOR LICENSE FOR ENGLEWOOD BUILDERS FINANCE CORPORATION, 4595 SOUTH SANTA FE DRIVE, TO MEDINA-GOMEZ CORPORATION, INC., OBA LOS COMPADRES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. * * * * • • March 15, 1976 Page 4 Attorney Tom Eitel, Suite 1016, First National Bank Building, 333 West Hampden Avenue, was present representing Leon E. and Vernet S. Mardensen regarding a petition for annexa- tion of the property of Lot 6, Bel Isle Gardens, Arapahoe County, to the City of Englewood. The land involved is one lot located on the southeast corner of Tufts and Windermere. He explained . I that Mr. Mardensen is having difficulty obtaining a building permit, and if he did build on this property he would have to cr~ate his own water district for this one lot. Mr. Eitel stated that a 100% petition has been submitted to City Council, which can be adopted without a public hearing. This matter has not been before the Planning and Zoning Commission. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO RECEIVE THIS PETITION FOR ANNEXATION AND REFER IT TO THE PLANNING AND ZONING COMMISSION FOR STUDY AND RECOMMENDATIONS BACK TO CITY COUNCIL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE REZON- ING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD AT 3001 WEST BELLEWOOD DRIVE FROM R-1-A, SINGLE-FAMILY RESIDENCE, TO R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. Acting Director of Community Development Romans reported that the property was posted and the public hearing notice was published as required. She requested that the staff report, findings of fact, and minutes from the Planning and Zoning Conunission be made a part of the record. The property is located on the northwest corner of West Bellewood Drive and South Federal Boulevard. The Planning and Zoning Commission does not recommend this zoning change. Mar ch 15 , 197 6 Page 5 Tina Warden, 3001 West Bellewood Drive, appeared to speak in favor of this ordinance. She submitted four letters to the City Clerk from neighbors who also support the rezoning. Ms. Warden stated she wants a home occupation of a wig shop which requires the rezoning from R-1-A to R-1-C. No one appeared to speak against this ordinance. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 12 SERIES OF 1976 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 BROWN SECONDED A MOTION TO PASS ORDINANCE NO. 12, SERIES OF 1976, ON FINAL READ- ING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER AGENDA ITEMS 5bi, 5b1i, 6c, 6d, 6e, 6g, AND 6h AT THIS TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. March 15, 1976 Page 6 Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO RECEIVE THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION ON CASE # 4-76, PROPOSED AMENDMENT OF THE COMPREHENSIVE ZONING ORDINANCE REGARDING TEMPORARY STRUCTURES. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO RECEIVE THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION ON CASE # 7-76, PROPOSED DESIGNATION OF THE AREA BETWEEN EAST KENYON AVENUE AND EAST OXFORD AVENUE, THE BROADWAY/LINCOLN ALLEY AND THE SHERMAN/GRANT ALLEY, AS R-2-C MEDIUM DENSITY RESIDENCE DISTRICT. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTIONS 22.5 AND 22.8 OF THE COMPREHEN- SIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) REL~TING TO TEMPORARY STRUCTURES. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS A BILL ON FIRST READING AMENDING SECTIONS 22.5 I Marc h 15 , 976 Page 7 AND 22 .8 OF THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) RELATING TO TEMPORARY STRUCTURES; AND SETTING A PUBLIC HEARING FOR THE REGULAR CITY COUNCIL MEETING ON APRIL 19, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BROWN A BILL FOR AN ORDINANCE AMENDING SECTION 3, CHAPTER 10, TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AMENDING A PORTION OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION, RELATING TO THE INSTALLA- TION OF LAMPHOLDERS IN WET OR DAMP LOCATIONS. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS A BILL ON FIRST READING AMENDING SECTION 3, CHAPTER 10, TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AMENDING A PORTION OF THE NATIONAL ELECTRICAL CODE, 1975 EDITION, RELATING TO THE INSTALLATION OF LAMPHOLDERS IN WET OR DAMP LOCA- TIONS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING TWO NEW SECTIONS THERETO RELATING TO MOTOR VEHICLE NOISE. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL ON FIRST READING AMENDING CHAPTER 2, TITLE XIV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING TWO March 15, 1976 Page 8 NEW SECTIONS THERETO RELATING TO MOTOR VEHICLE NOISE; AND SETTING A PUBLIC HEARING FOR THE REGULAR CITY COUNCIL MEETING ON APRIL 19, 1976. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. City Manager Mccown suggested setting up a demonstration for this to be held at the study session on April 19 at 5:00 p.m. • • • • • • RESOLUTION NO. 11, SERIES OF 1976 A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE NO. 3-76, APPLICATION FOR A REZONING OF A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM R-1-C SINGLE-FAMILY RESIDENCE DISTRICT, TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO. 11, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • * • RESOLUTION NO. 12, SERIES OF 1976 A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE NOS. 35-75 AND 36-75, BEING THE APPLICATIONS FOR REZONING OF CERTAIN PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM R-3 HIGH DENSITY RESIDENTIAL, AND R-4 RESIDENTIAL-PROFESSIONAL DISTRICT, TO B-2 BUSINESS DISTRICT. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS RESOLUTION NO. 12, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. March 15, 1976 Page 9 Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO GO BACK TO THE REGULAR AGENDA SEQUENCE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER A SPECIAL EVENTS LIQUOR LICENSE FOR ST. LOUIS CATHOLIC CHURCH, 3310 SOUTH SHERMAN. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. Sylvester Wolarski, 1152 West Oxford Place, was present representing St. Louis Catholic Church. He stated that the application was posted for ten days at the Parish Center, 3300 South Sherman, where the St. Patrick's Day Dance will be held on March 19. It will be a social event for the members of the parish and friends, and the license is for ~:00 p.m. to 12:00 p.m. Mr. Wolarski also reported that they have hired an officer from the Englewood Police Department to work at the dance. Bill Jeffers, 3770 South Galapago, appeared and spoke in favor of this license. He stated that this will be a social activity for the parish, of which he is a member. M. M. Summers, 3140 South Delaware, appeared to speak against this license. He stated that he lives within the six block area and that the people do not want it. He submitted a petition to the City Clerk containing seventy-seven names in March 15, 1976 Page 10 protest of this license. Mr. Summers also submitted a copy of Chapter 75, Article 3, Regulation No. 6, Special Event Permits - sale on or near school property, which was read by the City Clerk. He stated his reasons against this license are: (1) school will be held that day within five hundred feet; (2) an institution cannot sell liquor for gain; (3) there are eleven liquor outlets in that area; and (4) the people in the area do not want it. Chalmerse Parker, 3995 South Grant, appeared to speak for this license. He explained that they are selling the liquor to help pay the expenses of the dance. He stated that the dance will not be attended by children and that it is mainly for the people in the parish. Jackie Schmidt, 4275 South Pennsylvania, appeared to speak in favor of this license. She stated that this is a social event for the church that she is for. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ISSUE A SPECIAL EVENTS LIQUOR LICENSE TO ST. LOUIS CATHOLIC CHURCH FOR MARCH 19, 1976. City Attorney Berardini stated that this is within the five hundred feet prohibited area for school property but in previous cases the State Liquor Division did issue the license because no school activities are held during the hours of the special event. He further stated that he feels the issuance of this license is within the boundaries of the state liquor laws. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • * • March 15 , 1976 Page 11 Mayor Taylor stated that Councilman Sovern and Council- man Smith are in Washington D.C. representing Englewood for revenue sharing. A report will be presented when they return. • • • • • • Mayor Taylor declared a recess at 9:20 p.m. Council reconvened at 9:35 p.m. Upon a call of the roll, the following were present: Council Members Williams, Brown, Mann, Clayton, Taylor. Absent: Council Members Sovern, Smith. The Mayor declared a quorum present. • • • • • • "Communications -No Action Recommended" on the agenda were all accepted: (a) Minutes of the Housing Authority meetings of December 1, 1975 and February 5, 1976. (b) Minutes of the Planning and Zoning Commission meeting of February 18, 1976. (c) Minutes of the Library Board meeting of March 9, 1976. (d) Minutes of the Election G1 mmission meeting of March 10, 1976. (e) Report from the Colorado State University Cooperative Extension Service concerning 1975 summary of activities for the City Forester- Horticulturist. (f) Schedule of golf course bids and construction. (g) Letter from John Criswell, Special Counsel, concerning the Atchison Ranch Litigation. (h) Minutes of the Board of Adjustment and Appeals meeting of February 10, 1976. • • • • • • City Manager Mccown presented a recommendation from the Career Service Board regarding related employees working in the same department. He stated that there are some problems at this time. March 15, 1976 Page 12 Councilman Mann suggested that this item be tabled and discussed at the retreat when all Councilmen would be present. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE THE RECOMMENDATION FROM THE CAREER SERVICE BOARD REGARDING RELATED EMPLOYEE S UNTIL AFTER THE CITY COUNCIL RETREAT. Upon a call of the rol l , the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 13 SERIES OF 1976 AN ORDINANCE GRANTING TO THE CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT, ARAPAHOE COUNTY, COLORADO, ITS SUCCESSORS AND ASSIGNS, A REVOCABLE PERMIT FOR A LICENSE TO ENCROACH IN A PORTION OF EAST JEFFERSON DRIVE WITH ONE 21-INCH DIAMETER SANITARY SEWER, SUBJECT TO CERTAIN TERMS AND CONDITIONS. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS ORDINANCE NO. 13, SERIES OF 1976, ON FINAL READING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14 SERIES OF 1976 March 1 , 9 76 Page 13 AN ORDINANCE AMENDING SECTIONS 8, 9(a) AND lO(a) OF CHAPTER 6, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO SALARIES FOR ALL CLASSIFIED PERSONNEL OF THE CITY OF ENGLEWOOD. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS ORDINANCE NO. 14, SERIES OF 1976, ON FINAL READING. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented a resolution establishing salaries for the City Manager, City Attorney, and Municipal Court Judge. These salaries are required by the City Code to be established by City Council. RESOLUTION NO. 13, SERIES OF 1976 A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY AND MUNICIPAL COURT JUDGE. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS RESOLUTION NO. 13, SERIES OF 1976, SETTING THE ANNUAL SALARIES AS FOLLOWS: CITY MANAGER -$30,000; CITY ATTORNEY -$28,ooo; MUNICIPAL COURT JUDGE -$26,000; THESE SALARIES BEING RETROACTIVE TO JANUARY 1, 1976. Councilman Mann requested additional information regarding the salary for a new judge upon election if this did happen during the year. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • March 15, 1976 Page 14 City Attorney Berardini gave a report concerning improvements at Cushing Park Pond. He stated that the notices of intent to bring suit against the City have been filed, but the actual suits have not been filed at this time. The insurance company feels the lake is essentially safe as it is, and they I have denied liability regarding the drowning incident last September. The insurance company has recommended that the City do what it feels is appropriate regarding the pond, and that any action will have no effect on the case. COUNCILMAN MANN MOVED THAT THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION DATED DECEMBER 11, 1975 PERTAIN- ING TO CUSHING PARK POND BE TABLED INDEFINITELY. Councilman Mann stated that he feels this recommendation is an administrative function of the City which should be handled by the Parks and Recreation Department and the City Manager's office. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Taylor. Nays: Council Member Clayton. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Attorney Berardini gave a report concerning the law suit the City filed against Valley Water and Sanitation District last fall because of a broken water main which caused considerable damage to the street at West Belleview and South Linden Drive. This damage occurred during November of 1972. The suit is for $6,250 and they have agreed to settle the case for 90% of that claim. Mr. Berardini recommended settling the claim for this amount rather than taking it to court. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION AUTHORIZING THE CITY ATTORNEY TO SETTLE THE PENDING I CASE WITH VALLEY WATER AND SANITATION DISTRICT FOR NINETY PERCENT (90%) OF THE CLAIM, OR $5,622.75. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. Mar h 15 , 76 Page 1 5 The Mayor declared the motion carried. • • • • • • City Attorney Berardini gave a report concerning the law suit filed against the City several months ago by Alma L. Reffel alleging that she owns part of Raritan Street. He stated that he has learned from the District Court that the trial court has held against Alma Reffel and for the City. • • • • • • City Manager Mccown presented a memorandum from the Director of Parks and Recreation to the City Manager concerning trees at Jason Park. The budget allows for approximately thirty- three new trees for the parks, and Jason Park's share would be about four trees. Councilman Mann stated that he feels the trees should be placed where they are needed rather than equally dividing them up between the parks. He requested the Parks and Recreation Department's consideration of this problem; and that they handle the matter, with Council's opinion that Jason Park be given preference. Councilman Mann requested that the staff look into the Colorado State Extension Service at Colorado State University in Fort Collins regarding trees through the forestry service. Mayor Taylor requested consideration for next year's budget of the possibility of re-establishing the purchase of trees from the City of Englewood. • • • • • • City Manager Mccown presented a resolution appropriating funds for the salary increases for 1976. He stated that some corrections are needed as follows: Section 1, Source -Fund Balance: $133,185; Section 1, Appropriations -City Attorney: $4,634; Section 1, appropriations -City Manager: $5,732; Section 1, Appropriations -Total: $133,185. RESOLUTION NO. 14, SERIES OF 1976 A RESOLUTION APPROPRIATING MONIES IN THE GENERAL, WATER AND SEWER FUNDS AND AMENDING THE 1976 BUDGET ACCORDINGLY. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO. 14, SERIES OF 1976, AS CHANGED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. March 15, 1976 Page 16 Absent: Council Members Sovern, Smith. The Mayor declared the motion carried • . . . . . -· City Manager Mccown presented and discussed a memorandum from the Assistant City Manager to the City Manager concerning the water main for the Housing for the Elderly Project. The 4" line in Lincoln Street between Floyd and Lincoln needs to be increased to a 6" line to provide for the additional ninety- fi ve sprinkler heads necessary for the housing project. He noted that McBrian Ditch should be changed to McBroom Ditch in Section 1 of the Resolution. In response to Councilman Mann, Assistant City Manager Nollenberger stated that the water main replacement program has never gone through the Water and Sewer Board but is handled as a budget item by City Council. He also stated that the work will be done by City crews. RESOLUTION NO. 15, SERIES OF 1976 A RESOLUTION AMENDING THE BUDGET IN THE WATER FUND. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS RESOLUTION NO. 15, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Director of Finance, Director of Public Works, and Purchasing Agent to the City Manager concerning bids for 2,000 gallons of traffic paint. He stated that the low bid was received from Jourgensen Traffic Paint for $6,040; however, former users of this paint cannot recommend its use. Therefore, it was recommended that the bid be awarded to Prismo Universal Corp. for $7,760. The City has used this paint before and found it to be acceptable. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO AWARD THE BID FOR TRAFFIC PAINT TO PRISMO UNIVERSAL CORPORATION FOR $7,760. March 15, 1976 Page 17 In response to Councilman Clayton, City Manager Mccown stated that none of the three firms are Englewood firms. Assistant City Manager Nollenberger stated that this could not be considered as an option anyway by the City Charter. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Assistant City Manager, Director of Public Works, and Director of Finance to the City Manager concerning the Capital Equipment Replacement Fund. He suggested that this be discussed at the retreat or a special study session. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER THE CAPITAL EQUIPMENT REPLACEMENT FUND AT THE RETREAT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Director of Finance and Purchasing Agent concerning the Council Chambers sound system. Arnold Takemoto from DTR Sound Corp. evaluated the sound system and reconunended installing a TA956 amplifier. Councilman Clayton suggested installing longer cords for better reach. City Manager Mccown suggested installing a TA956 amplifier to see if it will improve the sound system and to also look into getting longer cords. He further stated that a second party could look at the system for their recommenda- tions. March 15, 1976 Page 18 Councilman Mann pointed out that the City of Aurora uses pin-on type mikes that are plugged in. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DIRECT THE CITY STAFF TO CONTINUE THE STUDY ON THE COUNCIL CHAMBERS SOUND SYSTEM. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Assistant City Manager to the City Manager concerning the City Council retreat. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY STAFF TO FURTHER STUDY THE RETREAT THIS WEEK AND THAT THIS MATTER BE DISCUSSED AT THE STUDY SESSION OF THE SPECIAL CITY COUNCIL MEETING ON MARCH 22, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a recommendation from the Parks and Recreation Commission regarding a hearing to be held on March 17 concerning a controlled fire arm and water foul hunting plan for Chatfield State Recreation Area. The Parks and Recreation Commission are opposing the proposed plan by the state to change the use of that area to allow controlled use of fire arms and water foul hunting. Councilman Mann and Councilman Clayton expressed their support of this recommendation from a safety standpoint. COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION THAT CITY COUNCIL SUPPORT THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION CONCERNING CHATFIELD STATE RECREATION AREA. March 15, 1976 Page 19 Councilman Brown stated that he cannot vote for this motion because there has not been enough study on it. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Mann, Clayton, Taylor. Nays: Council Member Brown. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • Maurice Merlin, 3688 South Sherman, was present to discuss the Home Rule Charter of the City of Englewood regard- ing the transfer of appropriations and additional appropriations. He specifically discussed the budget in regards to aid to other agencies, where funds were allocated that did not exist. He requested that in the future Council more carefully respect the intent of the Charter. • • • • • • Mayor Taylor reported that there will be a Bicentennial caravan in Lajunta on March 27 & 28 and that a former Englewood girl is in charge of the Colorado delegation. He stated that Mr. & Mrs. Maurice Jones would like for the Mayor to attend this parade and celebration in Lajunta. He further stated that the Bicentennial Foundation may ask Council for a proclama- tion recognizing this local girl to be presented at the celebra- tion. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT ANY PROCLAMATIONS NEEDED OR SUGGESTED BY THE MAYOR BE PLACED ON THE AGENDA FOR THE SPECIAL CITY COUNCIL MEETING ON MARCH 22, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a brief report concerning dinner meetings with the various boards and commissions of the City. March 15, 1976 Page 20 COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO BEGIN HAVING PERIODIC MEETINGS WITH THE VARIOUS BOARDS AND COMMISSIONS OF THE CITY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • Councilman Mann reported that there will be a conven- tion of the State Association of Eagles on June 16-19 in the City of Englewood. He suggested running a welcoming ad in the newspaper on June 15. Councilman Clayton also commented that an ad could be placed in the official program for the conven- tion. A MOTION SENTINEL EAGLES. Taylor. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED TO RUN A ONE-HALF PAGE AD IN THE ENGLEWOOD HERALD ON JUNE 15, 1976, WELCOMING THE STATE ASSOCIATION OF Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • Councilman Mann stated that he would like to have an update with the Sheridan City Council regarding the river redevelopment plan on the land acquisition. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO HAVE A MEETING WITH THE SHERIDAN CITY COUNCIL REGARDING THE RIVER REDEVELOPMENT PLAN AND TO INVITE MEMBERS OF THE ENGLEWOOD RECREATION COMMISSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. March 15, 1976 Page 21 Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. Mayor Taylor stated that Council should have joint meetings with Sheridan City Council twice a year because of the joint conmunity project. • • • • • • Councilman Clayton requested that the chairs in the Council Chambers be repaired. • • • • • • Councilman Clayton stated that he was contacted by the advertising committee for the program of the State Associa- tion of Eagles convention in June and that a full page ad in the program costs $40.00. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT CITY COUNCIL AUTHORIZE A FULL PAGE AD IN THE PROGRAM OF THE STATE ASSOCIATION OF EAGLES CONVENTION TO BE HELD IN JUNE AT THE COST OF $40.00. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried. • • • • • • COUNCILMAN WILLIAMS MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Sovern, Smith. The Mayor declared the motion carried, and the City Council meeting was adjourned at 11:20 p.m. a