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HomeMy WebLinkAbout1976-05-03 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 3, 1976 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 3, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Helen Walker, Esoteric Truth Center, 130 East Girard Avenue. The Pledge of Allegiance was led by Cub Scout Pack #154. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Clayton, and Mayor Taylor. Absent: Council Member Mann. The Mayor declared a q uorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Director of Public Works Waggoner Acting Director of Community Development Romans Director of Utilities Carroll Revenue Chief Johannisson Deputy City Clerk Varner • • • • • • Councilman Sovern requested that sentence one, paragraph four, page sixteen of the City Council minutes of the April 19, 1976 meeting be corrected by striking "implementation of the" and the "t" from "Plant" to read "208 Waste Water Management Plan". COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO ACCEPT THE MINUTES OF THE APRIL 19, 1976 CITY COUNCIL MEETING AS CORRECTED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • May 3, 1976 Page 2 COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT ANY COUNCILMAN ABSENT FOR ALL OR PART OF THIS MEET- ING FOR THE PURPOSE OF ATTENDING A PRECINCT CAUCUS BE EXCUSED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Clayton. Nays: Council Members Smith, Taylor. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO OPEN A PUBLIC HEARING ON PAVING DISTRICT NO. 23. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. City Manager Mccown explained that the City is partici- pating through the Urban Systems Program for the improvements proposed in Paving District No. 23, whereby the City picks up 26% of the cost and the federal government picks up 74% of the cost. He also stated that this public hearing concerns the intent to create the paving district, and a Bill for an Ordinance will be presented at the next Council meeting with another public hearing scheduled for June 7 creating the paving district. Director of Public Works Waggoner stated that since this is under the Urban Systems Program the contract will be awarded by the Highway Department. The improvements will be made from the west side of Zuni Street to the west side of South Santa Fe Drive along Dartmouth plus the Santa Fe intersection. Five hundred feet west of Santa Fe on Dartmouth is proposed to have I two lanes in each direction plus a left turn lane for traffic turning onto Santa Fe. This would not allow enough space for sidewalk in that five hundred foot area. Mr. Waggoner reviewed the method of assessment for the proposed construction. Councilman Brown left the meeting at 7:40 p.m. Paul Welborn, 1200 Humboldt Street, Denver, appeared to speak in favor of this. He stated that he owns property in this area and had anticipated higher costs for the improvements. He congratulated the City and the Director of Public Works for making the improvements in this part of the City. May 3 , 19 7 6 Page 3 Dick Barnwell, 4915 South Elati, was present to inquire about the assessment for his property. His questions were answered by Mr. Waggoner, and Mr. Barnwell stated he is in favor of these improvements. Kenneth Walter, 6339 West Roxbury Place, Littleton, was present and stated he had already paid for paving out to the street. Mr. Waggoner stated he would be assessed for curb and a portion of the paving. Mr. Walter stated he is against constructing a left turn lane rather than putting in sidewalk. He further stated that he is against this extra width because it will put the street so close to his property that it will make parking difficult. Mr. Walter also stated he is against the improvements because he is unable to build on his property because it is in a flood zone. Barbara Blair, 3647 West Grand Avenue, Littleton, was present and proposed installing a stop light at Hampden and Santa Fe and at Union and Santa Fe to help the traffic flow and possibly cut down on the traffic on Dartmouth. Betty Gonzales, 910 Fillmore, appeared to inquire about the assessment for her property at 2005 West Dartmouth. Her questions were answered by Mr. Waggoner. Councilman Sovern noted that the County and the City of Denver also have input as to what signalization is to be installed at Zuni and Dartmouth. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTI ON TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. • • • • • • "Conununications -No Action Recommended" on the agenda were all received: (a) Minutes of the Housing Authority meetings of March 2 and March 19, 1976. (b) Minutes of the Planning and Zoning Commission meeting of April 6, 1976. (c) Minutes of the Police Pension Board meeting of April 21, 1976. May 3, 1976 Page 4 (d) Minutes of the Employees Retirement Board meeting of April 22, 1976. (e) Minutes of the Board of Career Service Commissioners meeting of April 22, 1976. (f) Minutes of the Tax Committee meeting of April 26, 1976. (g) Memorandum from the Acting Director of Community Development to the City Manager concerning attendance at the American Institute of Planners Conference in Washington, D.C. (h) News release and agenda concerning the ground breaking ceremony on the river redevelopment project. Councilman Sovern commented on item 3f, clarifying that the Tax Committee will be recommending types of alternate programs for taxes for 1977 for City Council to consider. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT THE CITY ATTORNEY BE AUTHORIZED TO GIVE LEGAL OPINIONS ON THE TAXES CURRENTLY BEING INVESTIGATED BY THE TAX COMMITTEE AS A PART OF THEIR REPORT, AND THAT THE CITY COUNCIL AUTHORIZE THE TAX COMMITTEE TO HOLD PUBLIC HEARINGS REGARDING THE PROPOSAL WHICH WILL BE FORTHCOMING, WITH THE PROVISION THAT ALL POSSIBLE EFFORT WILL BE MADE TO NOTIFY THE PEOPLE THAT WILL BE AFFECTED BY THIS TAX. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. Councilman Smith challenged the decision of the Police J Pension Board (agenda item 3c) approving a disability retirement. Councilman Clayton requested a report from the City Attorney con- cerning what leeway the pension boards have in adjusting retirements and job assignments in the emergency services. City Attorney Berardi responded that the pension board operates under statuatory guidelines and have the full authority to determine retirements based from the testimony received. Mayor Taylor suggested that Councilman Smith receive a full report of the hearing. * * * * * • May 3, 1976 Page 5 COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD CONCERNING FLAT RATE AND METERED SERVICE CONVERSIONS UNTIL AFTER DISCUSSION AT THE DINNER MEETING ON MAY 24, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. • • • • • • Director of Utilities Carroll presented a recommendation from the Water and Sewer Board concerning possible sanitary sewer service solutions to the area of West Union and South Decatur. This area is in the Valley Sanitation District and currently has no sewer service. The Water and Sewer Board recommends that future developers be charged with the responsibility of getting sewer service to this property at their total cost. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT CITY COUNCIL OFFICIALLY ADOPT THE POLICY RECOMMENDED BY THE WATER AND SEWER BOARD THAT ANY IMPROVEMENT COSTS FOR SEWER SERVICE IN THE AREA OF WEST UNION AND SOUTH DECATUR BE BORNE BY THE DEVELOPERS; AND TO INSTRUCT THE CITY ATTORNEY TO INVESTIGATE THE POSSIBILITY OF USING A SPECIAL DISTRICT FOR PROVIDING SEWER SERVICE TO THIS AREA. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. • • • • • • Director of Utilities Carroll presented a recommendation from the Water and Sewer Board opposed to the construction of lift stations if any alternative is available. If an exception is required, it would require specific action and approval of the City Council. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO ADOPT THE POLICY RECOMMENDED BY THE WATER AND SEWER BOARD THAT CITY COUNCIL ADOPT AN OFFICIAL POLICY OPPOSED TO CON- STRUCTING LIFT STATIONS UNLESS APPROVED BY THE CITY COUNCIL. May 3, 1976 Page 6 Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. • • • • • • Director of Utilities Carroll presented a recommendation from the Water and Sewer Board that the City apply for a 25% grant of state funds for engineering projects of disposing of water treatment plant wastes. Mr. Carroll explained that this project is eligible for state participation of a 25% grant of the estimated project cost of $209,000. This project is in the budget for 1977. In response to Councilman Clayton, Mr. Carroll stated that the engineer is selected by the City Manager as a part of his administrative function set by the City Charter. Councilman Clayton requested that this policy be looked into. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION THAT THE CITY APPLY FOR A 25% GRANT OF STATE FUNDS FOR ENGINEERING PROJECTS OF DISPOSING OF WATER TREATMENT PLANT WASTES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. • • • • • • Director of Utilities Carroll presented a recommendation from the Water and Sewer Board regarding the lease/purchase agree- ment with Coors over Boreas Pass water rights. This agreement has been in effect since 1973, and the Water and Sewer Board recommends extending the agreement for another year. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT CITY COUNCIL APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD THAT COUNCIL EXTEND THE AGREEMENT WITH COORS OVER BOREAS PASS WATER FOR ANOTHER YEAR UNTIL MAY 9, 1977. Councilman Sovern noted that he would be abstaining on the vote because he has been doing quite a bit of work with Coors. Ma y 3 , 97 Page 7 Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Clayton, Taylor. Nays: None. Abstain: Council Member Sovern. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. • • • • • • Mayor Taylor declared a recess at 9:15 p.m. Council reconvened at 9:30 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Clayton, Taylor. Absent: Council Members Brown, Mann. The Mayor declared a quorum present. • • • • • • Acting Director of Community Development Romans presented a recon1T1endation from the Planning and Zoning Commission for approval of rezoning in northwest Englewood from R-1-C to R-2-C. She outlined the area on the zoning map and stated that a public hearing date should be set. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND IN NORTHWEST ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-C SINGLE FAMILY RESIDENCE TO R-2-C MEDIUM DENSITY RESIDENCE, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND IN NORTHWEST ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-C SINGLE FAMILY RESIDENCE TO R-2-C MEDIUM DENSITY RESIDENCE AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY; AND SETTING A PUBLIC HEARING FOR MAY 24, 1976 AT 7:30 P.M. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. May 3~ 1976 Page ts Absent: Council Members Brown, ~ann. The Mayor declared the motion ca :L ~ried. • • • • • • Acting Director of Community Development Romans presented I a recommendation from the Planning and Zoning Commission for the vacation of the 2700 block of South Elati Street and the vacation of the south one-half of West Yale Avenue from the Delaware/Elati alley to the intersection with Elati. This vacation request was submitted by General Iron Works and Stearns-Roger Corporation. Ms. Romans reported that the staff recommended against this, but the Planning Commission recommended compromising by relocating Elati over to the Delaware/Elati alley and coming up with an alternate Elati Street to be designated as the truck route. The vacation of Yale would depend on the reallignment of Elati and on the approval of the City of Denver. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO POSTPONE ACTION ON THIS UNTIL THE COUNCIL MEETING ON JUNE 7, 1976 TO ALLOW THE STAFF TO WORK WITH THE CITY OF DENVER AND GENERAL IRON WORKS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Taylor. Nays: None. Absent: Council Members Brown, Mann. The Mayor declared the motion carried. Keith Stevens, President of General Iron Works, was present and stated that he will now be working with the City of Denver regarding the vacation of Yale. • • • • • • Councilman Brown returned to the meeting at 9:50 p.m. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED I A MOTION TO ADOPT THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION RELATIVE TO THE PLAZA DE MEDICO PLAN DEVELOP- MENT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. May 3 , 19 7 6 Page 9 Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • COUNCILMAN WILLIAMS MOVED AND COUNCILMAN CLAYTON SECO NDED A MOTION TO ADOPT THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION ON CASE #12-76, MARDESEN ANNEXATION REQUEST. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • • • * * • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 20 SERIES OF 1976 AN ORDI NANCE ANNEXING LOT 6, BELL ISLE GARDENS, ARAPAHOE COUNTY, COLORADO, TO THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN CLAYTON SECONDED A MOTIO N TO PASS ORDINANCE NO. 20, SERIES OF 1976, ON FINAL READING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * • • • City Attorney Berardini presented a Bill for an Ordinance a ut horizing monthly payments by Mountain Bell Telephone Company of 3% tax on gross revenues. Mr. Berardini reported that in another case the Supreme Court found that a 3% tax on gross revenues of any busines s is an income tax and is not within the authority of municipalities to exercise such a tax. He recommended that this Bi l l be tabled indefinitely, and that a Bill be prepared that is consistent with the Supreme Court ruling. May 3, 1976 Page 10 COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO TABLE AGENDA ITEM 5b -"A BILL FOR AN ORDINANCE AMENDING SECTIONS 3 AND 5 OF CHAPTER 3, TITLE XIII (TAXES AND FINANCE) OF THE 1969 E.M.C. BY PROVIDING FOR A MONTHLY PAYMENT OF THE UTILITIES BUSINESS AND OCCUPATION TAX AND ASSESSING I PENALTIES FOR LATE PAYMENT THEREOF" -INDEFINITELY AND TO INSTRUCT THE CITY ATTORNEY AND STAFF TO PREPARE A NEW BILL FOR AN ORDINANCE FOR THE NEXT CITY COUNCIL MEETING TO LEVY A BUSINESS AND OCCUPATION TAX ON MOUNTAIN BELL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a Bill for an Ordinance which would license and regulate vehicle wrecker or towing service. The Bill calls for a rotating list of those individuals currently licensed by the state of Colorado and complying with P.U.C. regula- tions who wish to be on the list to be called on a rotating basis by the Englewood Police Department. The Bill sets a $10.00 license · fee for each vehicle to be licensed, and all licensed vehicles must be capable of handling all types of tows. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING TITLE IX OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW CHAPTER THERETO, LICENSING AND REGULATING VEHICLE WRECKER OR TOWING SERVICE; PROVIDING FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE; SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED I A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING TITLE IX OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW CHAPTER THERETO, LICENSING AND REGULATING VEHICLE WRECKER OR TOWING SERVICE; PRO- VIDING FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE; SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. May 3 , 19 76 Page 11 Councilman Clayton objected to the provision in Section 9-9-3d providing that the City Manager annually review and change the rate schedule as necessary. Sam Clothier, Bob's Auto Service, was present to speak on this matter. He proposed that Section 9-9-2b be amended to allow for one license fee for all trucks rather than a $10.00 fee for each truck to be licensed. Mr. Clothier stated that he feels trucks over 10,000 pounds should not be under a set rate schedule. Regarding towing authorization in Section 9-9-5, he pointed out that his business has many towing requests each day and it would be impractical to call the police department for each tow. Councilman Smith suggested that a fee schedule be prepared for one to five vehicles, six to ten vehicles, etc. He also suggested that the City Manager review the rates and submit reconmendations to City Council annually, and that towing authorization include verbal contracts for repair services. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE THIS BILL FOR AN ORDINANCE UNTIL THE CITY COUNCIL MEETING ON JUNE 7, 1976 AND TO DIRECT THE CITY ATTORNEY TO COME BACK WITH THE RECOMMENDATIONS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • • • * • * COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE AGENDA ITEM 5d -"A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ENTITLED 'OFFENSES AGAINST PUBLIC PEACE, SAFETY AND GOOD ORDER' OF TITLE XI OF THE 1969 E.M.C., BY ADD- ING A NEW SECTION THERETO PROHIBITING THE SOLICITATION OF TOW- ING OR WRECKER BUSINESS" -UNTIL THE COUNCIL MEETING OF JUNE 7, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * • • • May 3, 1976 Page 12 City Attorney Berardini presented a Bill for an Ordinance which would disqualify certain employees related by blood or marriage from original appointment or promotion within the City of Englewood, if that person was related to an employee within the same department. He explained that the Career Service Board I wants a different type of Bi~l which would be more specific and outline definite policies. Therefore, Mr. Berardini presented an alternate Bill for an Ordinance for Council's consideration. Councilman Sovern stated that he feels "relative" should be defined. He further stated that there have been no problems with the present cases but that there should be an Ordinance to discontinue this policy in the future. He suggested that the Ordinance not be enforced on the existing cases unless complaints are received. City Manager Mccown stated that he feels there should be an Ordinance rather than just rules or regulations of the Career Service Board because they would be more easily broken than an Ordinance. City Attorney Berardini recommended the more general Ordinance so the Board would have flexibility in working with it. COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO POSTPONE THIS ITEM UNTIL THE FIRST MEETING AFTER THE CAREER SERVICE BOARD MEETS AND THAT THE BILL FOR AN ORDINANCE BE RETURNED WITH A DEFINITION OF RELATIVE AND A GRANDFATHER CLAUSE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Cla;yton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented and reviewed a Bill for an Ordinance providing for a maintenance agreement for the Englewood Dam which calls for maintenance inspections and policing of the area. INTRODUCED AS A BILL BY COUNCILMAN BROWN A BILL FOR AN ORDINANCE APPROVING THE MAINTENANCE AGREEMENT OF THE ENGLEWOOD DAM BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT. May 3 , 19 76 Page 13 COUNCILMAN BROWN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE APPROVING THE MAINTENANCE AGREEMENT OF THE ENGLEWOOD DAM BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * • • • RESOLUTION NO. 21, SERIES OF 1976 A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE NO. 34-75, APPLICATION FOR THE REZONING OF LAND WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM R-3 HIGH DENSITY RESIDENCE TO B-2 BUSINESS. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO. 21, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Member Williams. Absent: Council Member Mann. The Mayor declared the motion carried. • • * * * • COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A PROCLAMATION DECLARING MAY 1, 1976 AS LAW DAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * May 3, 1976 Page 14 City Manager Mccown presented a memorandum from the Assistant City Manager to the City Manager concerning the animal control ordinance. The penalty section of this ordinance does not read as was intended by the Dog CoDDDittee. The ordinance reads "and upon the third or subsequent conviction be fined not I more than three hundred dollars or not more than ninety days in jail", and it was the intent for the third conviction to have a set fine of $300 and not be left to judicial review. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN AMENDMENT TO THE DOG ORDINANCE FOR THE THIRD CONVICTION SETTING A FINE OF $300 AND/OR 90 DAYS IN JAIL. City Attorney Berardini noted that sometimes a con- viction will not be made when a fine is as high as this one. Councilman Sovern stated that it is the threat involved that is important rather than if the person wins or loses the case. Councilman Smith stated he is opposed to a set fine and would prefer a minimum/maximum range. COUNCILMAN CLAYTON MOVED A SUBSTITUTE MOTION THAT CITY COUNCIL REFER THE ANIMAL CONTROL ORDINANCE TO THE CITY ATTORNEY AND THAT HE BRING BACK TO COUNCIL A SUGGESTED CLAUSE TO REPLACE THE PRESENT CLAUSE "AND UPON THE THIRD OR SUBSEQUENT CONVICTION BE FINED NOT MORE THAN THREE HUNDRED DOLLARS OR NOT MORE THAN NINETY DAYS IN JAIL". Councilman Williams seconded the motion. Mayor Taylor ruled that a substitute motion cannot be valid unless the original motion is withdrawn, and Councilman Sovern did not withdraw the original motion. Therefore, the substitute motion was dropped. COUNCILMAN BROWN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO AMEND THE ORIGINAL MOTION TO ALLOW FOR A $75.00 MINIMUM FINE AND $300.00 MAXIMUM FINE. Mayor Taylor asked if the noise control ordinance pertained to barking dogs. City Manager Mccown replied that the noise control ordinance does not include authority regarding barking dogs and that this falls under nuisances or disturbance of the peace. He further explained that a witness other than a police officer is necessary to enforce the ordinance. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton. Nays: Council Members Sovern, Taylor. Absent: Council Member Mann. My 1 , 76 Page 15 The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williams, Brown, Clayton, Taylor. Nays: Council Members Sovern, Smith. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning the designation of Oxford Avenue as a truck route. The memo states that Oxford Avenue is listed as a truck route because it is now being used as such and because it is the only route between Hampden and Union that crosses the river and ties into Federal Boulevard. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works to the City Manager concerning Sidewalk District #76. The total estimated cost is $78,806.65; and the City's estimated share is $7,422.80. A resolution of intent to create the district will be presented at the next Council meeting. * * * * * * City Manager Mccown presented a memorandum from the Director of Finance to the City Manager concerning the Council chambers sound system. The entire sound system can be revamped at an estimated cost of $976 to include new tilting speakers, new microphones, 160 watt amplifier, new podium gooseneck, and labor costs. Mr. Mccown stated that the budget would be adjusted at the end of the year if necessary. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE SUGGESTED IMPROVEMENTS TO THE COUNCIL CHAMBERS SOUND SYSTEM. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • May 3, 1976 Page 16 City Manager Mccown reported that the work to demolish the old Police/Fire building was to begin by midnight April 30, 1976. The work has not yet begun, making the contract awarded to Doyle House Moving and Wrecking Company null and void. He recommended awarding the contract to the next lowest bid of $6,900 from the Barnett Company. COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION THAT THE CITY CONSIDER THE BID OF DOYLE HOUSE MOVING AND WRECKING COMPANY TO BE NULL AND VOID AND TO NOTIFY DOYLE HOUSE MOVING AND WRECKING COMPANY TO IMMEDIATELY REMOVE THEIR EQUIPMENT FROM CITY PROPERTY; AND THAT THE CITY AWARD THE BID OF $6,900 FROM BARNETT COMPANY FOR THE DEMOLITION OF THE OLD POLICE/FIRE BUILDING WITH THE SAME REQUIREMENTS AS PREVIOUSLY STATED BY THE CITY. Upon a call of the roll,. the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any visitors that wished to speak at this time. Art Sines, 3220 South Grant, appeared and stated that he feels the animal control ordinance should not be limited to dogs. Ralph Chumley, 3550 South Cherokee, appeared and inquired about the permit for Doyle House Moving and Wrecking Company. City Manager Mccown replied that the performance bond has not been delivered to the City. * * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED I A MOTION THAT THE CITY MANAGER AND STAFF BE INSTRUCTED NOT TO APPROVE OR USE ANY FUNDS OF THE CITY FOR THE PURCHASE OF ANY ALCOHOLIC BEVERAGES FOR THE CITY COUNCIL RETREAT ON MAY 14, 15, and 16. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Member Williams. May 3 , 19 76 Page 17 Absent: Council Member Mann. The Mayor declared the motion carried. * * * * • • Councilman Brown stated that the east side of the 2900 block of South Emerson needs to be seeded. He requested a full report from the City Manager as to why something hasn't been done and what the cost would be to do something. Councilman Sovern suggested that no dumping signs be posted on that property. • • • • * • Mayor Taylor noted that the Mayor's Coffee meeting on May 13 will mark Englewood's 73rd birthday. He stated that these meetings are held the second Thursdays from 9:00-11:00 a.m. and the fourth Thursdays from 7:30-9:30 p.m. and urged everyone to attend. • • • • • • Mayor Taylor adjourned the City Council meeting at 11:55 p.m. Clerk