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HomeMy WebLinkAbout1975-04-07 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OP BKGLIWOOD, COLORADO APRIL 7, 1975 REGULAR MBBTING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 7, 1975 at 7:30 P.M. Mayor Taylor, preaiding, called the meeting to order. The invocation waa given by Rev. David Hunter of the Hampden Hills Baptiat Church. The pledge of allegiance was led by Blue Bird ,Troop 1207. The Mayor aaked for roll call. Upon the call of the roll, the following were present: Council Member• Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. Also preaent werea City Manager Mccown Assistant City Manager Nollenberger Assistant City Attorney Lee Director of Community Development Supinger Director of Utilities Carroll Deputy City Clerk Johannisson • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE MINUTES OF THE COUNCIL MEETING OF MARCH 17, 1975, WITH THE FOLLO~ING CHANGES. On Page 16, the item relating to the tabling of a motion relating to the application of the Demetrious Corporation, nay votes should include Councilman Blessing. On Page 21, the first paragraph relating to the appraisal of Dartmouth Park, the appraisal should indicate $500,000, instead of $5000,000. Upon the call of the roll, the vote resulted as follows: I Meeting of April 7, 1975 2 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Harold Rust, Englewood District Manager of the Public Service Company, presented the Public Service franchise check for the first quarter of 1975 with the adjustment check for 1974. * * * * * Mr. Colbert Cushing, 3791 So. Sherman Street, was "present. He thanked the City Council for naming Dartmouth Park for him. * * * * * Jerry Vaughan, a police officer with the Englewood Police Department, was present representing the AFL-CIO Firefighters Local 1736, the Police Benefit Association, and the Police Officers' Active Coalition. He directed his comments to a March 28, 1975 memorandum from City Manager Mccown regarding a proposed reorgani- zation of the police and fire departments. Officer Vaughan stated that the three organizations had met on April 6th jointly and had drafted a resolution. He presented the resolution to the Council. The resolution opposed the reorgani- zation of the police and fire departments under a single safety director, and stated six reasons for their opposition. A copy of the resolution was given to each councilman and the City staff. Officer Vaughan also stated that the police wanted to take issue with a request made by the Council that the officers not wear their weapons in the meeting because it would create a bad public image. Councilman Brown spoke out against the statement by Officer Vaughan. He stated that he was not aware of any such statement. Mayor Taylor stated that he was the one who had asked the police not to wear their weapons to the meeting. In answer to the statement that the police and firemen did not receive notification of this proposed change until they read it in the newspapers, City Manager Mccown stated that he had disseminated a memorandum to the police and fire departments on Tuesday and it was published in the newspapers on Wednesday. Meeting of April 7, 1975 3 In answer to Councilman Blessing's question, Officer Vaughan stated that 90 of 120 off-duty firemen and policemen attended the meeting. Councilman Clayton asked Officer Vaughan to explain the statement "already burdensome bureaucracy". Officer Vaughan asked if the workload of the fire department and police department was so great that a public safety director and assistants is currently needed. He stated that the organizations which he was speaking for don't, in their opinion, believe that an added level of supervision is needed. Officer Vaughan went on to say that in his personal opinion government is too complex. In Englewood, the size of our city does not justify these additions. The current administrative staff is adequate. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO INCLUDE DISCUSSION OF ITEM 7-I ON THE AGENDA AT THIS TIME. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Councilman Mann and Councilman Blessing stated that they were appreciative of the input from the police and fire departments and that this type of input is necessary in order for the City Council to make decisions in the best interest of the community. Officer Vaughan stated that the police and fire organ- izations wanted to make sure that the City Council knew the feelings of the organization at the outset of the consideration of a change of this magnitude. Mayor Taylor stated that even if the police and fire departments had not come forward at this time, the Council would have asked for their opinion and input at some future date in the consideration of this change. Councilman Sovern reiterated the need for cooperation between City manaqement and the police and fire departments in the exchange of information on this topic. Councilman Clayton stated that now is a good time to rectify any problems which might exist in the management of the department, because several important positions are currently vacant. Lt. Ron Frazier of the Englewood Police Department was recognized. He stated that other government entities are not always responsive to police and fire department needs. He stated Meetinq of April 7, 1975 4 that in his opinion the addition of an additional civilian position in the level of command is not necessary for the City of Englewood. Mayor Taylor stated that this topic would be given consideration during the cominq weeks. * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONSIDER ITEM 6-D ON THE AGENDA. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. RESOLUTION NO. 19, SERIES OF 1975 A RESOLUTION DENYING THE APPLICATION OF DEMETRIOUS CORPORATION D/B/A ARAP'S RESTAURANT AND LOUNGE, INC. FOR A LIQUOR LICENSE TO SELL MALT, VINOUS AND SPIRITUOUS LIQUORS IN A RESTAURANT AND LOUNGE, TO BE CONSUMED ON THE PREMISES, TO BE LOCATED AT 3866 SOUTH BROADWAY, ENGLEWOOD, COLORADO. (Copied in full in the Official Resolution Book.) COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 19, SERIES OF 1975. Councilman Sovern asked Assistant City Attorney Lee if new arguments will be raised in the event this is taken to District Court aqain. Assistant City Attorney Lee stated that the facts remain the same, and really no new arquments will be made. The Judqe may overturn the decision. The Council then has the option of appealinq it to a hiqher court. Mr. Richard H. Simon, an Enqlewood attorney, was recoqnized. He said that the resolution as it stands now will I probably not be accepted by the judqe. He reiterated the judqe's statement which remanded the case back to the Council for recon- sideration. The resolution, in his opinion, does not fulfill the requirements stipulated by the court. The Deputy City Clerk read Resolution No. 19, Series of 1975, in full. Mr. Simon reiterated Judqe Nauqle's stipulation and stated that the resolution, in his opinion, still lacks the complete findinqs required by the court. Meetinq of April 7, 1975 5 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AMEND PAGE 2, ITEM 3, OF RESOLUTION NO. 19, SERIES OF 1975, TO INCLUDE THE FOLLOWING PHRASE: "SAID AREA BEING IN THE MUCH MORE IMMEDIATE NEIGHBORHOOD THAN IN THE AREA IN WHICH APPLICANT'S PETITION WAS CIRCULATED." Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A ~OTION TO AMEND PAGE 2, ITEM 4, RESOLUTION NO. 19, SERIES OF 1975, TO INCLUDE "THE DESIRES OF THE INHABITANTS IN THE IMMEDIATE NEIGH- BORHOOD ARE AGAINST ISSUING LICENSE." Upon the call of the roll, the vote resulted as follows1 Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Upon the call of the roll, the vote on Resolution No. 19, Series of 1975, as amended, was as follows: Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO HAVE A 10-MINUTE RECESS. Upon the call of the roll, the vote resulted as follows: Meetinq of April 7, 1975 6 Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Council reconvened at 9:00 P.M. roll, the followinq were present: 'Upon the call of the Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER REDISTRICTING OF COUNCILMANIC DISTRICTS. Upon the call of the roll, the vote resulted as followsz Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing open. Assistant City Manaqer Nollenberqer explained the back- ground of the need to re-district the election precincts in the City of Enqlewood. In response to Councilman Mann's questions, Assistant City Manager Nollenberqer stated that the chanqe would become effective on May 1st for the November election, and that Councilman Clayton would represent District 3 until that time. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CLOSE THE PUBLIC HEARING ON THE REDISTRICTING OF COUNCIL- MANIC DISTRICTS. Upon the call of the roll, the vote resulted as follows: Meetinq of April 7, 1975 7 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing closed. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1975 AN ORDINANCE AMENDING CHAPTER 4, TITLE I, ARTICLE III OF THE 1969 E.M.C. BY RBDISTRICTING COUNCILMANIC DISTRICTS 2, 3 and 4, WITHIN THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the Official Ordinance Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ORDINANCE NO. 15, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * The followinq communications were received into the record. Minutes of the Police Pension Board meeting of March 18, 1975. Minutes of the Fire Pension Board meetinq of March 21, 1975. Minutes of the Planninq and Zoninq Commission meetinqs of February 19, and March 4, 1975. Minutes of the Housinq Authority meetings of February 26, March 12, and March 21, 1975. Minutes of the Parks and Recreation Commission meeting of March 13, 1975. Meetinq of April 7, 1975 8 Memorandum from the Assistant City Manaqer to the City Manaqer in reqard to mesaaqe potentials on utility bills. City Manaqer Mccown reiterated the possibilities for messaqes and asked Council for any ideas they miqht have for messages on the utility bills. A memorandum from the City Manaqer to the City Council concerning a community development block qrant application. A memorandum from the Director of Utilities to the Assistant City Manaqer concerninq the rental of surplus raw water. A memorandum from the Actinq Chief of Police to the City Manaqer concerninq bicycle safety requlations and the bicycle ordinance. A press release from the Urban Drainage and Flood Control District concerninq completion of the improvements to the Englewood Dam. A letter from the Regional Transportation District (RTD) concerninq a public hearinq to be held on April 24, 1975 at 2:00 P.M. on the purchase of 40 buses. Councilman Sovern stated that the Denver Reqional Council of Governments would also have a hearinq on that date on the same subject. A Utility Billinq brochure on the City of Englewood as circulated by the National Cash Reqister Company. Councilman Mann stated that he was qlad to see Englewood recoqnized in this brochure. He also asked that a report be given to Council reqardinq the savinqs which have been realized through the utilization of the National Cash Register billing system. The financial report for the fiscal year ending December 31, 1975. City Manaqer Mccown stated that Loren Shepherd will be at the meeting of April 21st to discuss the financial report with the City. * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO REPER CONSIDERATION OP PSYCHOLOGICAL TESTING OF POLICE OFFICERS AND FIRE FIGHTERS TO A MEETING WITH THE CAREER SERVICE BOARD AND FOR THE 1976 BUDGET REVIEW. Upon the call of the roll, the vote resulted as follows: Meeting of April 7, 1975 9 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Director of Utilities Carroll presented the minutes of the Water and Sewer Board Meetinq of March 19, 1975 with their recommendations. Item 1 -He asked that Council table consideration of an aqreement with the Denver Water Board for an interconnection of water pipinq at South University and East Floyd because they have found that there has been a change in the pressure from their initial testing. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE CONSIDERATION OF AN AGREEMENT WITH THE DENVER WATER BOARD FOR AN INTERCONNECTION OF WATER PIPING AT SOUTH UNIVERSITY AND EAST PLOYD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Item 2 -Relating to supplement #7 to the Greenbelt Sanitation District. Mr. Carroll stated that this is a one-ownership piece of land at the present time, in an area presently zoned for one- acre sites. There would be a maximum of four taps in this area for any of the land •old. In answer to Council questions, Mr. Carroll stated that the area could handle more taps than four. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION THAT SUPPLEMENT #7 TO THE GREENBELT SANITATION DISTRICT CONNECTORS AGREEMENT BB APPROVED. Upon the call of the roll, the vote resulted as follow•: Meetinq of April 7, 1975 10 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE AN AGREEMENT WITH THE A-1 DIVING COMPANY FOR USE OF McLELLAN RESERVOIR. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Director of Utilities Carroll stated that the Water and Sewer Board would like a master street plan for the Santa Fe-Union Annexation area in order that proper plans can be made to facilitate the extension of water and sewer service to this area. In response to Councilman Brown's questions, Director of Community Development Supinqer stated that plans should be made even thouqh court action is pendinq and that the Planninq and Zoning Commission with its new membership would welcome the request to develop a master street plan for this area. COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT THE PLANNING AND ZONING COMMISSION TO DEVELOP A MASTER STREET PLAN FOR THE SANTA FE-UNION ANNEXATION AND FORWARD IT TO THE CITY COUNCIL FOR APPROVAL. Mayor ·Taylor asked if a "yes" vote meant that he was in favor of the annexation. Councilman Jones stated that this was not true, that a "yea" vote would just indicate that we were approving a plan for the area in the event that the courts uphold the annexation. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Meetinq of April 7, 1975 11 COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION THAT AN AGREEMENT BE OFFERED TO THE GROUNDWATER APPROPRIATORS OF THE SOUTH PLATTE POR 1500 ACRE FEET OF WATER FROM THE McLELLAN RESERVOIR FOR THE YEAR OF 1975 AT $5.00 PER ACRE FOOT. Councilman Clayton asked if this would affect the leqality of our water riqhts. Mr. Carroll replied in the neqative. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Director of Utilities Carroll explained the memorandum concerning House Bill 1325. Mr. Carroll stated that this Bill merely adds a definition to the Water Riqhts and Determination Act of 1969, in that it defines domestic water. He stated that the Colorado Municipal Leaque opposes the Bill because it has implications reqardinq the cities riqhts of eminent domain and water. Mr. Carroll asked that the City back the position of the Colorado Municipal Leaque. Councilman Sovern stated that the Council should support the Bill as written because of the implication for Colorado aqriculture. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE DISCUSSION ON HOUSE BILL 1325 INDEFINITELY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jonea, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • * * * * Meetinq of April 7, 1975 -12 Director of Utilities Carroll discussed item 4-H on the aqenda reqardinq a memorandum he wrote to the Assistant City Manager concerninq the rental of surplus raw water. He stated that Enqlewood is one of the few cities that has a surplus of raw water, and we can obtain a return on this resource throuqh its rental. He stated they have received requests from various entities in the metro area reqardinq rental of water riqhts, particularly from West- minster, Thornton, and the Central Colorado Water Conservancy District. Mr. Carroll stated that the water riqhts consultant would like to meet with the Council reqardinq this topic. The Council decided to meet with the water rights consultant on April 28, 1975, with the Water and Sewer Board being present. Councilman Sovern and Councilman Mann concurred in the need for developing a policy regarding water rights leasinq. * * * * * COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE RESOLUTION PROM THE ENGLEWOOD HOUSING AUTHORITY REGARDING THE HOUSING AUTHORITY'S ACCEPTANCE OF FRONT END COSTS FOR SECTION 8 ELDERLY HOUSING. Upon the call of the roll, the vote resulted as follow•: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Ab•ents None The Mayor declared the motion carried. * * * * * City Manager Mccown stated that there would be a joint session of the Council and the Housing Authority on April 28, 1975. * * * * * City Manaqer Mccown explained the memorandum from the Director of Park• and Recreation relating to the City's financial support for women'• softball. Councilman Mann stated that the emergency does not exist as it did three weeks aqo, in that there are sufficient teams with entry fees to cover the cost. He, therefore, withdrew his previous plans to provide aid for women'• softball. * * * * * I Meetinq of April 7, 1975 13 COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CONSIDER AGENDA ITEM 7-C IN CONJUNCTION WITH AGENDA ITEM 6-A. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent• None The Mayor declared the motion carried. Director of Community Development Supinqer explained the analysis of the fee structure for Code Enforcement. Mr. Supinger answered Council queationa reqardinq the lenqth of license fees and basis for makinq the increases. COUNCILMAN CLAYTOR MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE CORSIDERATIOR OP A BILL FOR AN ORDINANCE RELATING TO BUILDING TRADES LICERSES, LICERSE HOLDERS, AND INCREASING LICENSE PEES, UNTIL APTER SEPTEMBER 1, 1975. Upon the call of the roll, the vote resulted a• followa1 Ayes1 Council Members Mann, Clayton. Nays: Council Members Jones, Sovern, Blessinq, Brown, Taylor. Absent: None The Mayor declared the motion defeated. INTRODUCED AS A BILL BY COUNCILMAN JONES. A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLES I AND II, OF TITLE IX OF THE 1969 E.M.C. RELATING TO BUILDING TRADES LICENSES, LICENSE HOLDER, RENEWALS, AND INCREASING LICENSING FEES THEREFOR. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING CHAPTER 3, ARTICLES I AND II, TITLE IX OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO BUILDING TRADES LICENSES. Upon the call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Jones, Sovern, Blessing, Brown, Nays: Council Members Mann, Clayton. Absent: None The Mayor declared the motion carried. Meetinq of April 7, 1975 14 Councilman Mann atated that there is currently a Bill before the State and the City should wait until we see the outcome of the State'• action. • • • • • COUNCILMAN SOVERN MOVED AHO COUNCILMAN BLESSING SECONDED A MOTION TO COHSIDBR AGENDA ITEM 7-A WITH AGENDA ITEM 6-B. Upon the call of the roll, the vote reaulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Assistant City Manager Nollenberger explained that the State has a cooperative bid list available which would be very advantaqeoua for the City to use on about 95• of the items which they purchase. There are many items which the City purchases which the City could purchase from the State as opposed through a vendor and get a much reduced price on the item. As to the Bill for an Ordinance, Mr. Nollenberger explained that the two items which are requested for change, items F and G, relate to the purchase of items through other governmental agencies and the purchase of standardized items. Councilman Clayton stated that he objects to Section G of the ordinance in that it could possibly be construed as being discriminatory to some vendors. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE AMENDING SECTION 1, CHAPTER 7, TITLE XIII OF THE 1969 E.M.C. BY AUTHORIZING THE CITY MANAGER OR HIS DESIGNEES IN CERTAIN SITUATIONS TO PURCHASE MATERIAL OR EQUIPMENT WITHOUT SEALED COMPETITIVE BIDS THEREFOR. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING SECTION 1, CHAPTER 7, TITLE XIII OP THE 1969 ENGLEWOOD MUNICIPAL CODE. Councilman Sovern stated that these provisions are suitable for our operation here in Englewood. Councilman Blessing stated that it is necessary to have standardization in some items,that this provision in the ordinance would expedite the purchase of standard items. Meeting of April 7, 1975 15 Councilman Jones stated that the City Manager has the ultimate responsibility for approving all purchases and provides the necessary checks. Upon the call of the roll, the vote resulted as follows: Ayesa Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: Council Member Clayton. Absents None The Mayor declared the motion carried. • • • • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL FOR AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 25, SERIES OF 1974, BY ADDING A NEW SECTION 12 TO TITLE XIV, CHAPTER 2, OF THE 1969 E.M.C., AND DECLARING AN EMERGENCY. COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 25, SERIES OP 1974. Councilman Sovern asked what changes are being made and why is an emergency necessary. City Manager Mccown stated that there are essentially no changes. It is taking the item out of the traffic code and putting it in the Municipal Code, providing a better method of enforcement. As far as any emergency, City Manager Mccown stated that many calls have been received regarding lack of noise control, and in order to provide enforcement, it is deemed necessary to declare an emergency in this case. Upon the call of the roll, the vote resulted as follows: Ayeaz Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nayaa None Abaentz None The Mayor declared the motion carried. • • • • • Meetinq of April 7, 1975 -16 City Manaqer Mccown reported that the City Council had received a formal request from the Arapahoe Mental Health Agency for funds back in September of 1974. councilman Mann stated that the Arapahoe Mental Health I Agency is in real need of funds and that they are currently having problems meetinq their overhead, and he said that the Council should do something to find funds in order to support this worth- while agency. COUNCILMAN MANN MOVED ANO COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO PINO $3,000 IN THE BUDGET TO APPROPRIATE TO THE ARAPAHOE MENTAL HEALTH CENTER. COUNCILMAN SOVERN MOVED ANO COUNCILMAN BLESSING SE ONDED A MOTION TO TABLE CONSIDERATION OP THE MOTION TO DIRECT THE CITY MANAGER TO PINO $3,000 IN THE BUDGET TO APPROPRIATE TO THE ARAPAHOE MENTAL HEALTH CBNTER UNTIL APTER THE NEXT COUNCIL MEETING ANO DISCUSSION OP THE PINANCIAL REPORT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Clayton. Nays: Council Members Mann, Brown, Taylor. Absent: None The Mayor declared the motion carried. * * * * * City Manaqer Mccown reported on a •tudy done by our bond attorney, Willaon and Laaa, in re9ard to apecial aaaessment deferral proqrama, and alao a •••orandua fro• Karl Nollenberqer on the same subject. The Willson and La•• report indicate• that Council can do pretty much what they want to do in re9ard to refunds or rebates, but in their opinion the council •hould be conaiatent in applyinq whatever criteria they wl•h to apply to the •ituation. COUNCILMAN JOKES MOVBD A•D COU•CILMA• 8LSllIKG SECONDED A MOTION TO CONSIDER SPECIAL ASS••••••T DSPP .•AL ••ooaAMS AT THE APRIL 21, 1975 COUNCIL MEETING. Upon th• oa • I th• roll, the vote resulted as followas Ayes: Council Me•b•r• Jon••• lovern, Mann, Bleaainq, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Meeting of April 7, 1975 17 COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE REPORT FROM THE ABR PARTNERSHIP, ARCHITECTS, ON SPACE UTILIZATION IN THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Man~ger Mccown presented copies of minutes of prior Council meetings relating to the construction of I-470. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO HAVE CITY COUNCIL PASS A RESOLUTION APPROVING CONSTRUCTION OF INTERSTATE 470. Councilman Sovern stated that he was against the construction of I-470 for the following reasons. He said it conflicts with the interest• of the City, it perpetuates the use of the auto vs. the uae of mass transit, the area served is least desirable for developing, and the interstate increases urban sprawl. Councilman Jones stated that atop and go traffic, which we currently have in this area, ia the cause of a great deal of pollution and I-470 would eliminate much of this. Councilman Mann stated that he is against Interstate 470. We should encourage the use of regional transportation and not encourage the building of additional interstates. Councilman Blessing stated that he is for regional trans- portation, but we also need additional highways to absorb the greater flow of traffic. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Blessing, Brown, Clayton, Taylor. Nays: Council Members Sovern, Mann. Absent: None The Mayor declared the motion carried. * * * * * Meetinq of April 7, 1975 18 RESOLUTION NO. 20, SERIES OF 1975 A RESOLUTION POR ADOPTION OP NOTICE OP BOND SALE FOR· $721,000 OF SPECIAL ASSESSMENT BONDS POR PAVING DISTRICT NO. 22. (Copied in full in the Official Resolution Book.) COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE RESOLUTION NO. 20, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absents None The Mayor declared the motion carried. * * * * * City Manaqer Mccown presented a memorandum from the Assistant City Manaqer relatinq to the Reqional Transportation planninq that has taken place today. Councilman Sovern said that it is necessary for the City Council to develop a clearcut policy so that the City has an input into the decision makinq into the RTD plans. Councilman Mann said that he has not been impressed with what the RTD committee has been doinq to this date. He said that the City needs to qet anawera relatinq to how the City is qoinq to be affected by RTD planninq. Councilman Sovern aaid he i• of the same opinion, and he said the Council needs to develop a packaqe which the City can implement with the cooperation of the Reqional Transportation District. COUNCILMAN CLAYTON MOVBD AND COUNCILMAN BLESSING SECONDED A MOTION TO REQUEST THE PLANNING AND ZONING COMMISSION TO MAKE A STUDY FORTHWITH OP REGIONAL TRANSPORTATION DISTRICT MATTERS CONCERNING PARK AND RIDE AND OTHER TRANSPORTATION FACILITIES, AND IN THE COMMUNITY DEVELOPMENT DEPARTMENT INVOLVED IN THAT STUDY FORTHWITH, THE COMMUNITY ORGANIZATIONS INVOLVED INCLUDING THE CHAMBER OP COMMERCE AND ANYBODY ELSE THAT WANTS TO PARTICIPATE AND REPORT BACK TO THE COUNCIL PORTHWITH. Upon the call of the roll, the vote resulted as followaz Meeting of April 7, 1975 19 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown presented a report on labor legislation which has been proposed before the State legislature by the Colorado Municipal League. He stated that he is giving a report at this time because the Colorado Municipal League will be requesting the Council's backing of this Bill in the future. Mr. Mccown stated that from a management viewpoint, this legislation is far more preferable than any other labor legislation being introduced. * * * * * City Manager Mccown presented a draft of an agreement between Denver and Englewood regarding the storm drainage project being completed by Denver on the West Evans Avenue, and Englewood in the Centennial-Bow Mar area. He stated that the cooperation between the two cities would provide for a better storm drainage system for both areas. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP A RESOLUTION APPROVING AN AGREEMENT BETWEEN DENVER AND ENGLEWOOD RELATING TO STORM DRAINAGE PROJECTS IN THE CENTENNIAL-BOW MAR AREA AND THE WEST EVANS AVENUE AREA. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown stated that he would be taking a short vacation this week. * * * * * Meetinq of April 7, 1975 20 councilman Jones pre•ented a complaint which he has received relatinq to the property at 2130 West Wesley Avenue, and that Mr. John Bowman operates a portable toilet service at this location. Councilman Jones stated that he has received several complaints from neiqhbors indicatinq that a bad odor radiates from this operation. Councilman Jones also presented a list from the Community Development Department showing that this has been a problem for two years back. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO DIRECT THE COMMUNITY DEVELOPMENT DEPARTMENT THROUGH THEIR CODE ENFORCEMENT DIVISION TO BRING ABOUT ENFORCEMENT OF ZONING ORDINANCES AT 2130 WEST WESLEY. Councilman Jones stated that possible further litigation might be required in order to bring about the zoning compliance. Assistant City Attorney Lee stated that the Municipal Court is the most expeditious method of brinqinq compliance. If this does not work, the District Court system is the next step to pursue. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * COUNCILMAN CLAYTON MOVED THAT THE PURCHASING AGENT REPORT BACK ON THE COST OF CUSHIONED CHAIRS FOR THE CITY COUNCIL CHAMBERS. There was no second to the motion. * * * * * Councilman Blessinq reported on a trip to the Bear Creek area on the newly acquired Public Service land, statinq that some- one was effectinq the confiquration of this land. Councilman Sovern asked that a report be made by the City Attorney as to what action can be taken. * * * * * A llOTIO• T a• follow • Brown, .. , Alt••• t •••• Meetinq of April 7, 1975 21 l l•O llOVBD AND COUNCILMAN SOVERN SECONDED ft the call of the roll, the vote r~sulted ••b•r• Jone•, Sovern, Mann, Blessinq, Th• Mayor de cl ared th• aotion carried and the meetinq was adjourned at 11145 P.11. Clerk