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HomeMy WebLinkAbout1976-06-07 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 7, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 7, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church Missouri Synod, 3695 South Acoma. The Pledge of Allegiance was led by Boy Scout Troop #154. 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 Conununity Development Romans Director of Public Works Waggoner Director of Utilities Carroll Director of Finance/City Clerk James Deputy City Clerk Varner • • • • • • Councilman Sovern requested that the paragraph following the motion to approve Resolution No. 23 on page 9 of the minutes of the regular City Council meeting on May 17 be corrected to read as follows in the last line: "share of Urban Systems money towards the Zuni Street Project as a matter of compensation." COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING ON MAY 17, 1976, AS CORRECTED. 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. J un e 7, 19 76 Page 2 COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEET- ING ON MAY 24, 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. * * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT THE INVOCATION GIVEN BY REVEREND FRED HAHN BE PRINTED VERBATUM IN THE MINUTES OF THIS MEETING. 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. Merciful Lord, changes are occurring around us all the time, and it is because of these changes that we need City Council meetings. We, the elected representatives of our community, are asked to give our thinking in regards to these changes. We confess we are human beings --frail, imperfect individuals. Left to ourselves, we could easily become bigoted, selfish, and egotistical in our opinions. We are sinners. But before we begin our meeting this even~ng, we take the time to ask Thee to be merciful and gracious to us. Keep us from becoming bigoted by only looking at one side of any matter before us. Keep us from becoming selfish by ignoring the rights of others. Keep us from becoming egotistical by thinking we know all the answers and others have nothing to say. Keep us humble, ready to listen to others, open to suggestions and ideas. Keep us mindful of our accountability --to those who have elected us in our community; but even more important, our accountability to Thee when we stand before Thy judgment throne. And now, Lord, come and be with us as we set aside this portion of our time to consider the problems of our community. Bless our deliberations, for Jesus' sake. Amen. * * * * * * June 7, 1976 Page 3 Sharron Frank, Area Planner of the Regional Transporta- tion District, was present to discuss bus passenger shelters in the City of Englewood. Ms. Frank presented specifications for the shelters, and she noted that three shelters are proposed for Englewood at this time: (1) northeast corner of intersection of Girard and Clarkson; (2) east side of intersection of Broadway and Floyd; (3) west side of intersection of Broadway and Floyd. Council and Ms. Frank discussed other possible locations. • • • • • •• Attorney John Criswell was present representing Phil's Auto Clinic, 25 East Girard, A & B Transmission, 3375 South Lincoln, and C & L Body Shop, 3395 South Lincoln to discuss possible relocation assistance. He requested that City Council allow the City Manager and City Attorney to talk with them about their specific problems and possible monetary relief for their losses. Phil Pickell, Phil's Auto Clinic, appeared and explained that he is having difficulty getting the necessary gas tap for his new location. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT THE CITY MANAGER OR HIS DESIGNEE OR DESIGNEES BE AUTHORIZED TO MEET WITH ATTORNEY JOHN CRISWELL AND/OR PHIL'S AUTO CLINIC, A & B TRANSMISSION, AND C & L BODY SHOP FOR THE PURPOSE OF DISCUSSION RELATING TO MOVING EXPENSES AT 3375 SOUTH LINCOLN, 3395 SOUTH LINCOLN, AND 25 EAST GIRARD; THAT DISCUSSION BE EXPANDED TO COVER THE SUBJECT OF THE PREVIOUS LEASES AS RELATED TO THEIR MOVING; THAT DISCUSSION INCLUDE THE NEED OF PHIL'S AUTO CLINIC FOR NATURAL GAS METERS FROM PUBLIC SERVICE COMPANY; AND THAT THEY REPORT BACK TO CITY COUNCIL AT THE MEETING OF JUNE 21, 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. • • • • • • Janet Wren, 2160 East Eastman, was present to request that signalized pedestrian crosswalks be installed across East Floyd Avenue at a point midway between South Race Street and South High Street and at a point midway between South Franklin Street and South Gilpin Street. She stated that crosswalks are needed because of the increased traffic along East Floyd Avenue, and she submitted eight petitions containing a total of 127 signatures. June 7, 1976 Page 4 COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO DIRECT THE TRAFFIC DEPART- MENT TO TAKE A CURRENT COUNT AND TO MAKE A STUDY CONCERNING SUGGESTIONS AND COSTS TO HELP THIS SITUATION, TO BE PRESENTED BACK TO CITY COUNCIL. 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 SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO POSTPONE THE 3.2 BEER LICENSE APPLICATION FOR NORMA'S BEER CONCESSIONS, 5450 SOUTH BROADWAY, UNTIL MS. NORMA WISE REOPENS THE CASE. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE THIS MOTION UNTIL LATER IN THE MEETING WHEN THE CITY ATTORNEY IS PRESENT. 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 COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO OPEN A PUBLIC HEARING ON AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD FROM AN UNZONED CLASSIFICATION TO I-1 LIGHT INDUSTRIAL DISTRICT. 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. Acting Director of Connnunity Development Romans reported that the legal notice of the public hearing was published in the Englewood Herald Sentinel on May 19, 1976 and that the property was posted for the required period of time. She stated that the property proposed to be zoned I-1 is Lot 6, Bell Isle Gardens, June 7, 1976 Page 5 1590 West Tufts Avenue. The property to the west and north is zoned I-2, to the south and lower portion east is zoned I-1, and to the upper portion east is zoned R-3. Ms. Romans reviewed the proposed I-1 zone, which has been reconmended by the Planning and Zoning Conmission. She submitted the staff report and find- ings of fact to the City Clerk for the record. Attorney Tom Eitel was present representing the owners of the property, Leon and Vernet Mardesen, who are requesting that the property be zoned I-1. Leon Mardesen, 6875 South Bellaire Way, was present and stated that he has owned this property since 1973. He presented a set of eight pictures which he took from his property of the surrounding area. Mr. Mardesen stated that he wants to build a building for storage, with part of it to be leased out. Vernet Mardesen, 6875 South Bellaire Way, was present and stated she is in favor of the I-1 zone because they need a building for storage. Attorney William Malone was present representing Mr. and Mrs. William Manning, owners of the property directly to the east of the subject property. William Manning, 1540 West Tufts Avenue, was present and stated that he has owned his property since 1956. He stated that he has made improvements to his home, and the proposed con- struction on the Mardesen property would lower the value of his property. Mr. Manning also stated that it would add to the traffic hazard at the corner of Windermere and Tufts. He submitted a map of the surrounding area and a petition dated October 1975 protest- ing an application for variance filed by Leon Mardesen for a ten foot setback along the east property line at 1590 West Tufts Avenue. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT THE PETITION NOT BE ACCEPTED. Councilman Sovern urged defeat of the motion because even though this was in Arapahoe County the property owners should be able to state their case. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Mann. Nays: Council Members Sovern, Brown, Clayton, Taylor. The Mayor declared the motion defeated. Marie Manning, 1540 West Tufts Avenue, was present and stated she is against the I-1 zone because it will place their home behind a concrete wall. I June 7, 1976 Page 6 Mr. Malone requested that City Council look at the area before making a decision. He also requested consideration of some kind of residential zone to be used. Mr. Eitel objected to the petition because it is regard- ing a variance case in Arapahoe County rather than the zoning of this property. Mayor Taylor read from the City Charter the "Rules of Evidence" on receiving a petition. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONSIDER THE PETITION. 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 MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT THE PETITION NOT BE ALLOWED FOR THE REASON THAT THE ISSUE STATED IN THE PETITION IS NOT THE SAME ISSUE AS STATED IN THIS 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. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CLOSE THE 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. Mayor Taylor declared a recess at 10:15 p.m. Council reconvened at 10:30 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Clayton, and Mayor Taylor. Absent: Council Member Mann. June 7, 1976 Page 7 The Mayor declared a quorum present. COUNCILMAN CLAYTON MOVED AND -COUNCILMAN WILLIAMS SECONDED A MOTION THAT A DECISION BE POSTPONED UNTIL THE NEXT REGULAR CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Mem.·bers Williams, Sovern, Brown, Clayton, Taylor. Nays: Council Member Smith. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO OPEN A PUBLIC HEARING ON AN ORDINANCE CREATING 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 stated that the total estimated cost of the improvements is $337,800 with the Urban Systems Highway Program paying approximately $236,800 and the City of Englewood paying approximately $41,500. The improvements will be on West Dartmouth Avenue from the west side of South Zuni Street to the east side of the Atchison Topeka & Santa Fe Rail- road right-of-way at approximately Huron Street extended. Mr. Mccown presented a memorandum from the Director of Public Works regarding sidewalk installation on the south side of Dartmouth from Santa Fe to a point approximately 459 feet west. If side- walk is to be installed at that location, a five foot strip of land would have to be obtained from the owners. Director of Public Works Waggoner stated that the cost for this strip of land, approximately 459 feet in length by 5 feet in width, would be around $2.00-$2.50/square foot. No one appeared to speak for or against this ordinance. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: June 7, 1976 Page 8 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 SMITH BY AUTHORITY ORDINANCE NO. 23 SERIES OF 1976 AN ORDINANCE CREATING PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; APPROPRIATING FUNDS FOR PAYMENT OF SAID IMPROVEMENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS ORDINANCE NO. 23, 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. * * * * * * "Communications -No Action Recommended" on the agenda were received: a. Minutes of the Denver Regional Council of Governments meetings of February 18 and April 7, 1976. b. Minutes of the Planning and Zoning Commission meeting of May 4, 1976. c. Minutes of the Employees Retirement Board meetings of May 13 and May 26, 1976. d. Minutes of the Parks and Recreation Commission meeting of May 13, 1976. June 7, 1976 Page 9 e. Memorandum from the Director of Finance to the City Manager concerning attendance at the Municipal Finance Officers Conference in San Francisco, California on May 2-6, 1976. Councilman Clayton commented on agenda item 4c, stating that he feels all three pension boards should have periodic reviews of disability retirements. He requested that the City Attorney review these procedures. Mayor Taylor suggested discussing this matter at a study session. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO RENEW THE 3.2 BEER LICENSE FOR SPORT BOWL, 3295 SOUTH BROADWAY. 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 recommendation from the Career Service Board regarding the definition of relatives. COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER AGENDA ITEM 6e -A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 3, OF TITLE V, OF THE 1969 E.M.C., AS AMENDED, DISQUALIFYING CERTAIN EMPLOYEES RELATED BY BLOOD OR MARRIAGE FROM ORIGINAL APPOINTMENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD -AT THIS TIME. 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 SOVERN A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 3, OF TITLE V, OF THE 1969 E.M.C., AS AMENDED, DISQUALIFYING CERTAIN EMPLOYEES RELATED June 7, 1976 Page 10 BY BLOOD OR MARRIAGE FROM ORIGINAL APPOINTMENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD. Councilman Sovern noted that the original bill was to be brought back to Council with the definition of relative, as well as a grandfather clause. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO POSTPONE THIS ITEM UNTIL THE MEETING OF JUNE 21 TO BE BROUGHT BACK WITH THE DEFINITION OF RELATIVE AS WELL AS A GRANDFATHER CLAUSE. 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. • • • • • • Director of Utilities Carroll presented a recommendation from the Water and Sewer Board to approve Supplement #42 to South- gate Sanitation District for the annexation of a 2.38 acre parcel of land. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE SUPPLEMENT #42 TO SOUTHGATE SANITATION DISTRICT AS RECOMMENDED BY THE WATER AND SEWER BOARD. 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. • • • • • • Director of Utilities Carroll presented a recommendation from the Water and Sewer Board to grant the request of the U. s. Environmental Protection Agency to permit underwater diving recertification at McLellan Reservoir. The Water Board would set operational guidelines, and the agreement would be contingent upon approval by the City Attorney with annual reviews. June 7, 1976 Page 11 COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE THE REQUEST OF THE U. S. ENVIRONMENTAL PROTEC- TION AGENCY TO PERMIT UNDERWATER DIVING RECERTIFICATION AT McCLELLAN RESERVOIR. 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 WILLIAMS MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO RECEIVE THE FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATIONS FROM THE PLANNING AND ZONING COMMISSION CON- CERNING THE ZONING OF LOT 6, BELL ISLE GARDENS. 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 presented a recommendation from the Water and Sewer Board concerning flat rates and metered service conversions that the City adopt a policy of universal metering. He stated that a procedure needs to be set up for getting informa- tion to the public and for getting feedback. Councilman Williams suggested holding another meeting with the Water and Sewer Board. COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE THIS ITEM UNTIL AFTER ANOTHER MEETING COULD BE SCHEDULED WITH THE WATER AND SEWER BOARD AND TO DO A COMPARATIVE STUDY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Clayton, Taylor. Nays: Council Member Sovern. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • June 7, 1976 Page 12 COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN. SECONDED A MOTION TO CONSIDER AGENDA ITEM 2d WHICH WAS TABLED EARLIER CONCERNING AN APPLICATION FOR A 3.2 BEER LICENSE AT 5450 SOUTH BROADWAY BY MS. NORMA WISE. 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 THIS ITEM UNTIL IT IS BROUGHT BEFORE COUNCIL AGAIN BY MS. NORMA WISE. 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 CLAYTON BY AUTHORITY ORDINANCE NO. 24 SERIES OF 1976 AN ORDINANCE AMENDING SUBSECTION 2(c) OF CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, ESTABLISHING MINIMUM PENALTIES FOR DOGS RUNNING AT LARGE. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS ORDINANCE NO. 24, SERIES OF 1976. COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON A MOTION TO AMEND SECTION ll-ll-2(c), LINE 4, TO READ: PAYMENT OF A FINE OF NOT LESS THAN FIFTEEN ($15.00)". of the roll, the vote resulted as follows: SECONDED "W IBE Upon a call Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. June 7, 1976 Page 13 Absent: Council Member Mann. The Mayor declared the amendment carried. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AMEND THE ORIGINAL MOTION CHANGING THE ORDINANCE TO A BILL AND CANCELING THE ORDINANCE NUMBER. 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 amendment carried. Upon a call of the roll, the vote on the original motion as amended 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 stated that Judge Swearingen would like to have first offenders appear in court rather than be able to pay a set fine at the window. COUNCIIJttAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO BRING BACK A RECOMMENDATION ON SECTION D PERTAINING TO MANDATORY APPEARANCE IN COURT ON FIRST OFFENSES. 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 CLAYTON A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES", BY INCREASING SAID SALARIES FOR June 7~ 1976 Page lq FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING THAT COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1978. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES", BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING THAT COUNCIL TERM COMMENDING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1978. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Clayton. Nays: Council Members Williams, Sovern, Taylor. Absent: Council Member Mann. The Mayor declared the motion defeated. • • • • • • City Attorney Berardini presented a Bill for an Ordinance licensing and regulating vehicle wrecker or towing service. He recommended that a flat rate be established for licensing in the City regardless of the number of trucks a wrecker may have. 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; SETTINO FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED 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; AND SETTING A PUBLIC HEARING FOR 5:30 P.M. ON JUNE 28, 1976. Sam Clothier, Bob's Auto Service, was present and proposed a meeting between the towers, Chief of Police, City Attorney, and City Council to exchange information and ideas. June 7, 1976 Page 15 COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO AMEND THE ORIGINAL MOTION BY STRIKING SECTION 9-9-6. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown. Nays: Council Members Clayton, Taylor. Absent: Council Member Mann. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion as amended 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 SMITH A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ENTITLED "OFFENSES AGAINST PUBLIC PEACE, SAFETY AND GOOD ORDER", OF TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW SECTION THERETO PROHIBITING THE SOLICITATION OF TOWING OR WRECKER BUSINESS. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING CHAPTER 6, ENTITLED "OFFENSES AGAINST PUBLIC PEACE, SAFETY AND GOOD ORDER", OF TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW SECTION THERETO PROHIBITING THE SOLICITATION OF TOWING OR WRECKER BUSINESS. Sam Clothier, Bob's Auto Service, stated that this is his livelihood and he should be able to solicit business. 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. June 7, 1976 Page 16 The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented a resolution authorizing the purchase of land required for the Senior Citizens Recreation Center. He stated that the land consists of five parcels, and the resolution does not allow for relocation assistance. COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO TABLE THIS RESOLUTION UNTIL THE NEXT REGULAR CITY COUNCIL MEETING. Upon a call of the roll, the vote 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 stated that negotiations need to be started as soon as possible in order for the schedule to be met. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO RECONSIDER THE MOTION. 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. RESOLUTION NO. 26, SERIES OF 1976 A RESOLUTION DESIGNATING CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF ENGLEWOOD AS BEING REQUIRED FOR A SENIOR CITIZENS RECREA- TION CENTER AND AUTHORIZING THE ACQUISITION THEREOF. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO. 26, 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. June 7, 1976 Page 17 The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 25, SERIES OF 1976 A RESOLUTION NAMING THE COMMUNITY ROOM OF THE ENGLEWOOD POLICE AND FIRE CENTER THE E.E. "ERNIE" ANDERSON ROOM. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS RESOLUTION NO. 25, SERIES OF 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. • • • • • • City Attorney Berardini presented a month-to-month lease agreement between the City of Englewood and Phil Pickell, dba Phil's Auto Clinic, for a parking lot located at 20 East Girard. A MOTION THE CITY GIRARD. COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED TO AUTHORIZE THE MAYOR TO SIGN THE LEASE AGREEMENT BETWEEN OF ENGLEWOOD AND PHIL PICKELL FOR A PARKING LOT AT 20 EAST 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 ~r~di:i :re:en:ed a memorandum concerning I motor vehicle and equipment replacement. He suggested modifying sections of the City Code to authorize a lesser percentage to go into the Public Improvement Fund with a larger percentage going into the General Fund for the balance of 1976. This would allow appropria- tions to the Capital Equipment Replacement Fund to be made from the General Fund. June 7~ 1976 Page l~ COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE REALLOCATING REVENUES FROM THE PUBLIC IMPROVEMENT FUND TO THE GENERAL FUND FOR 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Taylor. Nays: Council Member Clayton. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented an agreement between Public Service Company and the City of Englewood whereby Public Service will convey approximately three acres of land to the City and the City will pay the cost of constructing a road on this property for access. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO APPROVE THE AGREEMENT WITH PUBLIC SERVICE COMPANY. 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 report concerning the Liquor Barn liquor license application. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MO TION TO DIRECT THE CITY ATTORNEY TO FILE FOR A NEW TRIAL ON THE CASE WITH LIQUOR BARN, LTD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. . , . .1 ..... Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • June 7, 1976 Page 19 -I -· City Attorney Berardini presented a proclamation declaring September 8, 1976 as National Cancer Day. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A PROCLAMATION DECLARING SEPTEMBER 8, 1976 AS NATIONAL CANCER 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. • • • • • • City Manager Mccown presented a memorandum from the Assistant City Manager concerning the financial status of the pension funds. , iJ.. . ,· ' I COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO BRING SUIT AGAINST THE STATE OF COLORADO TO PROPERLY FUND THE POLICE AND FIRE PENSION FUNDS, AND TO ENCOURAGE OTHER CITIES AND THE C.M.L. TO JOIN IN THE SUIT. Discussion by Council followed. City Attorney Berardini stated that a number of municipalities should be involved, and Councilman Sovern pointed out that this is a good start. 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. 27, SERIES OF 1976 A RESOLUTION APPROPRIATING MONIES IN THE GENERAL FUND. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 27, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: June 7, 1976 Page 20 Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum concerning Emerson Mini Park. He reported that the estimated costs for the proposed improvements, including grass planting and the sprinkler system, is $14,190; and the estimated annual mainte- nance cost is $2,250. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AUTHORIZE THE CITY MANAGER TO PROCEED WITH THE IMPROVE- MENTS AT EMERSON MINI PARK AND TO INCLUDE THE FUNDS IN THE NEXT SIX QUARTER BUDGET. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton. Nays: Council Members Williams, Taylor. Absent: Council Member Mann. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a report concerning the vacation of the 2700 block of South Elati Street. He reported that General Iron Works does not agree with the proposed transi- tion because it dedicates too much of their property. He then presented an alternate proposal, which still has to be presented to General Iron Works for their consideration. COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DIRECT THE CITY STAPF TO FURTHER NEGOTIATE ON THIS MATTER AND THAT CITY COUNCIL NOT A~PROVE THE STRAIGHT-STREET PRO- POSAL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Taylor. Nays: None. Abstain: Council Member Clayton. Absent: Council Member Mann. June 7, 1976 Page 21 The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO POSTPONE DISCUSSION OF THE LITTLE DRY CREEK REPORT UNTIL THE NEXT REGULAR CITY COUNCIL MEETING. 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 presented a memorandum from the Assistant City Manager concerning his attendance at the :rcMA ' Advanced Labor Management Conference in Columbus, Ohio on May 9-12, 1976. • • • • • • City Manager Mccown asked Council's direction concerning the island at Floyd and Elati Streets. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT THE CITY COUNCIL STATE ITS POSITION THAT IT DOES NOT DESIRE TO REMOVE THE ISLAND IN THE MIDDLE OF FLOYD STREET AND ELATI STREET. Councilman Clayton stated that the City had pre'.riously stated that that island would not be removed. Mayor Taylor stated that he feels it should be removed for the safety of the citizens because of the fire and emergency vehicles. Councilman Sove!•n requested that this item be discussed in detail at another time. COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO TABLE THIS MOTION UNTIL IT CAN BE DISCUSSED AS A STUDY SESSION ITEM. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Taylor. Nays: Council Members Smith, Clayton. Absent: Council Member Mann. The Mayor declared the motion carried. I I I I I I June 7, 1976 Page 22 COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DIRECT THE CITY MANAGER TO WRITE ANOTHER LETTER TO HERMAN OLNER CONCERNING THE POLICE/FIRE COMPLEX LEASE. 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 CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE CONCERNING THE R.T.D. BUS PASSENGER SHELTERS. 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 delcared the motion carried. • • • • • • City Manager Mccown asked Council's authorization to schedule the study session with the Tax Committee for 7:00 p.m. on June 14, and for Council to meet at 6:00 p.m. regarding problems with the City Ditch. Council approved this schedule. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT CITY COUNCIL AUTHORIZE COUNCILMAN SOVERN, ANY OTHER COUNCILMEN, AND THE CITY STAFF TO PRESENT A PROTEST TO ARAPAHOE COUNTY ON THE POSSIBLE LOCATION OF A CAR CRUSHER IN THE SANTA FE UNION ANNEXATION AREA. 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. • • • • • • June 7, 1976 Page 23 Mayor Taylor stated that he feels Council should seriously consider having public hearings on nights other than City Council meeting nights. COUNCILMAN SMITH MOVED AND MAYOR TAYLOR SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION PROVIDING THAT CITY COUNCIL, IF AT ALL POSSIBLE, HAVE THE MAJORITY OF THE PUBLIC HEARINGS ON THE SECOND MONDAY OF EACH MONTH, WHEN IT IS TO THE COUNCIL'S BENEFIT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Taylor. Nays: Council Members Sovern, Clayton, Williams. Absent: Council Member Mann. The Mayor declared the motion defeated. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO ADJOURN THE MEETING. Upon a call of the roll, the vote resulted as follows: • J Ayes: Council Member Williams, Sovern, Smith, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried, and the meeting was adjourned at 1:25 a.m.