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HomeMy WebLinkAbout1976-09-20 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 20, 1976 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 20, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend J. Stanley Fixter, Englewood United Methodist Church, 3885 South Broadway. The Pledge of Allegiance was led by Boy Scout Troop #92. 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. Ab•ent: None. The Mayor declared a quorum present. Also present were: City Manager McCown Assistant City Manager Nollenberger City Attorney Berardini Deputy City Clerk Varner * * * * * * COUNCILMAN HANN !l>VED TO ACCEPT 'l'HE MINUTES OF 'l'HE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 7, 1976. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF SEPTEMBER 13, 1976. Councilman Smith seconded the motion. 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. * * * * * * September 20, 1976 Page 2 Bill Allen, Poat CoDllUlnder, and Alan Rice, Junior Vice-Commander, of Veteran• of Foreign Wars Poat #322, presented a placque to Mayor Taylor expre••ing appreciation of Council's participation in the Buddy Poppy Program. * * * * * * COUNCILMAN CLAYTON MOVED TO ALLOW GLENN SAUNDERS TO SPEAK AT THIS TIME, AND TO ALL<* M. M. SUMMERS TO SPEAK AFl'ER '111E 0'111ER. PRE-SCHEDULED VISITORS. Councilaan Mann seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Council Members Williams, Sovem, Smith, Brown, Mann, Clayton, Taylor. Nays: None. 'nle Mayor declared the motion carried. Attorney Glenn Saunders stated that the United States Army Engineers ia trying to control all of the navigable water systems in the United States under an act which contains many regulations and which would require permits for any work to be done, such as on the Platte River or McLellan Reservoir. He stated that there ia an amendment pending in Congress which would take care of this matter in the western states called the Wright Amendment. Mr. Saunders noted that the act would damage the whole economy and is contrary to the best interests of the c01111Unity. COUNCILMAN SOVERN K>VED TO INSTRUCT '111E CITY MANAGER AND CITY ATTORNEY TO SEND A TELEGRAM FOLLOWED BY A LETTER TO SENATOR HART AND TO SEND LETTERS TO '111E ENTIRE CONGRESSIONAL DELEGATION EXPRESSING CITY COUNCIL'S DESIRE FOR THE WRIGHT AMENDMENT TO BE PASSED. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Willia118, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Attorney Joel Davia, 1966-lJth Street, Boulder, appeared represent- ing Fifteenth Street Corporation to request the transfer of the liquor license I from Englewood Builders Finance Corporation, d/b/a Los Amigos Inn, 4595 South Santa Fe Drive, to Fifteenth Street Corporation. He stated that the three principals involved with Fifteenth Street Corporation are James Karagas, Pre•ident, Angello Karagaa, Secretary-Treasurer, and Tom Mellos, Vice President. Attorney Ike Kaiser appeared representing the present owners of the eatabli•hment, Engl.wood Builders Finance Corporation. He reviewed the background information of this operation. Septellber 20, 1976 Page 3 Toa Mello•, 2100 Ella Street, Golden, stated this establishment will be turned into a faaily re•taurant with meals consisting of approximately SS-60% of the bu•ine••· He •tated they will be open six days a week from 11:00 a.m. to 2:00 a.a., and that they plan to open six to eight weeks after the tentative clo•ing date of October 1, 1976. Mr. Mellos further stated that he will 11anage thi• eetabliehment entirely. COUNCILMAN SOVllM ll>VID TO REISSUE l11E EXISTlt«; LIQUOR LICENSE OF ENGLEWOOD BUILDIU filWCCI CORPORATION TO fiFTEENl11 STREET CORPORATION. Councilman Willia.. ••conded the .,tion. Councilman Sovern pointed out that many businessmen and families need a good restaurant open late in the evening because of busy schedules and traveling. Mr. Mello• reviewed the tentative floor plans. He stated that the planned re.,deling will coat approximately $80,000, with the outside and parking lot to be renovated. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the 1m>tion carried. * * * * * * Attorney Richard Dittemore, Suite 870 -Continental National Bank Building, appeared repreeenting Interstate Leisure, Inc., d/b/a Funway Freeway, concerning the propo•ed amusement or entertainment tax. Be stated that hi• client i• a coin operated business and that the tax would have to be totally abeorbed by the operator because of competitive price• in neighboring area•. Mr. Ditte.,re euggeeted an increase in the present amusement tax, which would require payment and reporting only once a year. He stated that his client ie willing to provide off-duty policemen if necessary for a well-run business. He added that this tax is unfair upon one type of business and that its impact would not be to the beet interests of the co111DUnity. * * * * * * Les Howe, owner of Sport Bowl, 3295 South Broadway, stated that the proposed amusement tax would place his business at a competitive disadvantage. He stated that this tax could destroy his business and could destroy the economic climate in Englewood for present businessmen and future investors. * * * * * * September 20, 1976 Page 4 Attorney Stuart Bennett appeared representing General Cinema Corporation, owner and operator of Cinderella City theatres. He stated that the proposed amusement tax would place General Cinema Corporation at a competitive disadvantage, would result in increased costs to Englewood residents, and might not increase revenues because shopping customers may go elsewhere. Mr. Bennett presented a petition to City Council containing 270 signatures in opposition to the tax. * * * * * * Attorney Gilbert Goldstein appeared representing Bowl-0-Mat, Inc., 4900 South Federal Boulevard. He presented petitions to City Council containing 3,000 signatures obtained in local bowling alleys, with approxi- mately 800-900 signatures of Englewood residents, in opposition to the proposed aDJsement tax. He pointed out that this tax would make Englewood bowling alleys noncompetitive, and that many bowling customers from outside the City also shop and pay Englewood sales tax. Mr. Goldstein questioned the legality of this tax, and he stated that it is actually a tax upon gross income which the City is prohibited from passing by the constitution of the State of Colorado. * * * * * * Mayor Taylor declared a recess at 9:00 p.m. Council reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. Mayor Taylor declared a quorum present. * * * * * * M. M. SUlmM!ra, 3140 South Delaware, was present concerning City Council's salaries. He stated that the Council members need a raise because they have not had an incr-• for over six years. Mr. Summers proposed that the present ordinance be repealed and that a new ordinance be drawn up appointing three persona to set these salaries. received: * * * * * * "C~nications -No Action Reco-ended" on the agenda were a. Minutes of the Planning and Zoning Colllllission meeting of August 17, 1976. b. Minutes of the Denver Regional Council of Govern- ments meeting of August 18, 1976. c. Financial report for the month of August 1976. * * * * * * September 20, 1976 Page 5 COUNCILMAN SOVERN K>VED TO GRANT A DRAINAGE WAY AND RETAINING WALL EMCIOACHMIMT AT 3500 SOUTH <X>ROMA FOR DENVER COMMERCIAL BUILDERS. Council•n Mann ••condecl the motion. A••i•tant City Manager Nollenberger explained that the applicant is reque•ting an eight foot encroachment on City property into the South Corona Street right-of-way to allow for a twelve inch drainage way and a six inch retaining wall. Warren Wagoner appeared representing Denver Conaercial Builders, owners of the property at 3500 South Corona. Mr. Wagoner noted that this is subject to final approval by the City Engineers Department. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a proclamation declaring September 25, 1976 as Hunting and Fishing Day. He also presented a proclamation declaring October 2, 1976 as Englewood Town Meeting '76 Day. COUNCILMAN SMITH K>VED TO AUTHORIZE THE MAYOR TO SIGN BOTH OF THESE PROCLAMATIONS. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Finance and the Director of Parks and Recreation concerning bids for supply- ing golf course equipment. The low bids received are as follows: Item A -flail mower -Mitchell Equipment -$1,296.75 Item B -greens aerator -L. L. John80n Distributing -$4,056.00 Item C -greens mower -Boyd Distributing -$3,155.00 Item D -fairway tractor -Boyd Distributing -$12,089.00 Item E -turf sweeper -Boyd Distributing -$2,928.00 Item F -top dresser -Boyd Distributing -$1,147.00 Item G -utility tractor -Denver Ea•t Machinery -$7,841.70 Item H -turf aerator -Boyd Distributing -$1,483.00 September 20, 1976 Page 6 COUNCILMAN BROWN !l>VED TO ACCEPT 'l'HE LOW BIDS AS PRESENTED FOR 'l'HE GOLF COURSE EQUIPMENT IN THE TOTAL AMOUNT OF $33,996.45. Councilman Mann seconded the .,tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Willia•, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a Bill for an Ordinance levying and fixing a tax on businesses providing entertainment or amusement. COUNCILMAN SOVERN MOVED TO POSTPONE THIS ITEM UNTIL THE CITY COUNCIL MEETING ON OCTOBER 4, 1976, PENDING EXAMINATION OF ITEMS BROUGHT FORTH AT THIS MEETING; AND SETTING A STUDY SESSION FOR SEPTEMBER 23, 1976 AT 5:00 P.M. Councilman Smith seconded the .,tion. Councilman Sovern stated that this tax is an effort not to have to decrease services and also so that the City does not have to depend so heavily on sales tax. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Members Williams, Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY CX>UNCILMAN WILLIAMS BY AUnlORITY ORDINANCE NO. 46 SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 5, TITLE I (ADMINISTRATION) OF THE 1969 ENGLEWOD MUNICIPAL CODE BY CREATING THE DEPAR'IMENTS OF 'WASTEWATER TREATMENT' AND 'ENGINEERING SERVICES'; ESTABLISHING DEPARTMENT HEADS THEREFORE, AND DEFINING THE DUTIES THEREOF. COUNCILMAN WILLIAMS !l>VED TO PASS ORDINANCE NO. 46, SERIES OF 1976, ON FINAL READING. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Clayton, Taylor. September 20, 1976 Page 7 Nays: Council Member Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMI'DI A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BE'IWEEN 'DIE CITY OF ENGLEWOOD, COLORADO, 'DIE CITY OF LITTLETON, COLORADO, AND !«>TOR CRANE SERVICE CO. RELATING TO A PERMANENT EASDENT AND TEMPORARY CONSTRUCTION EASEMENT. COUNCILMAN SMI'DI K>VED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BE'IWEEN 'DIE CITY OF ENGLEWOOD, COLORADO, 'DIE CITY OF LITTLETON, COLORADO, AND !«>TOR CRANE SERVICE CO. RELATING TO A PERMANEMT r.ASEMENT ARD mMPORARY CONSTRUCTION EASEMENT. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Couucil Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. 'nle Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF 'DIE 1969 ENGLEWOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES AND INCREASING 'lllE COST OF SEWER MAIN EXTENSIONS, WITHIN 'DIE INDUSTRIAL AND COMMERCIAL AREAS, BO'DI INSIDE AND OUTSIDE, THE CORPORATE LIMITS OF TIIE CITY OF ENGLEWOOD. COUNCILMAN SOVERN K>VED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDlt«; SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF 'DIE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES AND INCREASING 'DIE COST OF SEWER MAIN EXTENSIONS, WITHIN 'lllE INDUSTRIAL AND COMMERCIAL AREAS, BOTH INSIDE AND OUTSIDE, THE CORPORATE LIMITS OF 'lllE CITY OF ENGLEWOOD. Councilman Smith seconded the motion. 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. * * * * * * Septeni>er 20, 1976 Page 8 RESOLUTION NO. 45, SERIES OF 1976 A RESOLUTION APPOINTING MARTIN P. MILLER AS SPECIAL COUNSEL, FOR THE PURPOSE OF HEARING EVIDENCE OF ALLEGED VIOLATIONS OF THE COLORADO LIQUOR CODE BY KENNETH E. CHANDLER D/B/A BACK DOOR DISCOUNT LIQUORS AT 5450 SOUTH BROADWAY, ENGLEWOOD, COLORADO, ON OCTOBER 11, 1976. COUNCIUfAN MANN K>VED TO PASS RESOLUTION NO. 45, SERIES OF 1976. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Meni>ers Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor.' Nays: None. The Ma.yor declared the motion carried. * * * * * * RESOLUTION NO. 46, SERIES OF 1976 A RESOLUTION APPROVING 'l1lE .AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELATING TO FEDERAL AID URBAN SYSTEM PROJECT M-7354(2), DARTMOUTH AVENUE FROM DELAWARE STREET TO LOGAN STREET, CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS !l>VED TO PASS RESOLUTION NO. 46, SERIES OF 1976. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from the Assistant City Manager concerning Council meeting nights. Mr. Mccown noted that the proble111B involved with changing Council meetings from Monday nights revolve around meeting nights of other boards and comnissions and publication deadlines. After discussion, Mayor Taylor ruled that this matter be dropped. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works concerning the traffic problem on East Floyd Avenue in the vicinity of Romans Park. This memorandum recomnends that a concentrated speeding enforcement effort be made by the Police Department and that pedestrian crossings be installed only if this is not effective. September 20, 1976 Page 9 COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECOMMENDATION OF AN INTENSIFIED ENFORCEMENT EFFORT 00 EAST FLOYD AVENUE, AND THAT 'IHE RESULTS BE REVIEWED. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum concerning reallocation of funds for expansion of the library. He explained that Congress has approved a special Public Works Bill in the amount of $2 billion with priority to be given to those projects that are ready to go to bid and which can achieve labor on site as soon as possible. He stated that this Public Works Bill provides for 100% federal funding of approved projects. RESOLUTION NO. 47, SERIES OF 1976 A RESOLUTION APPROPRIATit«; FUNDS IN 'IHE PUBLIC IMPROVEMENT FUND. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1976. Councilman Brown seconded the motion. 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 TO AUTHORIZE THE FILING OF THE APPLICATIONS FOR 'IHE PUBLIC WRKS BILL PROJECTS; TO SUBSCRIBE TO THE UNDERSTANDINGS OF ASSURANCES CONTAINED IN THF.M; TO AU'l110RIZE THE CITY MANAGER TO ACT AS 'IHE CITY'S REPRESENTATIVE IN CONNECTION WI'IH 'IHE APPLICATIONS; AND THAT THE FOLLOWING PROJECTS BE APPLIED FOR: (1) LIBRARY EXPANSION, (2) CITY HALL REMODELING OF COUNCIL CHAMBERS, (3) PAVING OF CLARKSON FROM U.S.285 TO BELLEVIEW, (4) EXPANSION OF FIRE TRAINING FACILITY, (5) BROADWAY WIDENING FROM YALE TO FLOYD, (6) BROADWAY BEAUTIFICATION PROGRAM, (7) LEHOW BRIDGE, (8) PLATTE RIVER AND LITTLE DRY CREEK BRIDGE, (9) REHABILITATION OF 12 INCH BROADWAY WATER LINES, (10) REPLACEMENT OF WATER LINES, AND (11) RELOCATION OF McLELLAN PUMP STATION. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. September 20, 1976 Page 10 Nays: None. 'nle Mayor declared the motion carried. * * * * * * Councilman Sovern stated that he had been contacted by a Sheridan City Council member concerning a joint paving district for Zuni Street from Dartmouth Avenue south. He requested that the staff look into this matter. Councilman Sovern noted that DRCOG is presently looking at legislation concerning water consumption. * * * * * * Mayor Taylor announced that there will be no Mayor's Coffee on September 23, but that there will be a trip on that day to the Ranch Creek project near Fraser, Colorado. * * * * * * COUNCILMAN BROWN K>VED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A BILL FOR AN ORDINANCE PROVIDING FOR COUNCIL SALARIES AS FOLLOWS: MAYOR - $250; MAYOR PRO TEM -$225; COUNCIL MEMBERS -$200. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton. Nays: Council Members Sovern, Taylor. 'nle Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the City Council meeting at 11:12 p.m.