HomeMy WebLinkAbout1975-05-05 (Regular) Meeting MinutesCOUNCIL CHAMBERS
CITY OP ENGLEWOOD, COLORADO
MAY 5, 1975
REGULAR MEETING:
The City Council of the City of Enqlewood, Arapahoe
County, Colorado, met in reqular session on May 5, 1975, at
7:30 P.M.
Mayor Taylor, presidinq, called the meetinq to order.
The invocation was qiven by Rev. Pred Hahn, of
Immanuel Lutheran Church. The pledqe of alleqiance was led
by Blue Bird Troop No. 207.
The Mayor asked for roll call. Upon the call of the
roll, the followinq were present:
Council Members Jones, Sovern, Mann, Blessing, Brown,
Clayton, Taylor.
Absent: None
The Mayor declared a quorum present.
Also present were: City Manaqer Mccown
Assistant City Manaqer· Nollenberqer
City Attorney Berardini
Director of Public Works Waqqoner
Deputy City Clerk Johannisson
* * * * *
COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED
A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 21,
1975. 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.
* * * * *
Meeting of May 5, 1975
2
Mr•. Marie Kincaid, 2032 West Hamilton Place, was
pr•••nt to represent the V.F.W. Auxiliary, to accept a
proclaaation urging the citizens of this community to recognize
the merit• of the V.F.W. Auxiliary by contributing generously
to it• •upport in the purchase of Buddy Poppies on May 16th
and 17th, 1975.
COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO APPROVE THE PROCLAMATION CONCERNING THE ANNUAL SALE
OF BUDDY POPPIES BY THE V.F.W. AUXILIARY. 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.
* * * * *
Dr. Sandy Farmer, Director of the Arapahoe County
Mental Health Center, was present. He provided a hand-out to
the Council members which changed some of the figures in the
original hand-out and dealt strictly with Englewood mental health
costs.
Councilman Clayton questioned the accuracy of the
40,000 population referred to in the study. Dr. Farmer stated
that they were usinq primarily the Englewood zip code.
Councilman Blessing stated that his experience showed
that schools have difficulty in getting assistance from the
Arapahoe Mental Health Center and asked if the schools are
contributing money to the mental health center. Dr. Farmer
stated they are receivinq financial help from the schools and
that since Councilman Blessinq's experience three years ago,
many changes have taken place, in that the mental health center
is now servinq a larqe number of children from the Englewood
school a.
Or. Brian Potter from the Arapahoe Mental Health Center,
the Enqlewood tea• leader, was introduced. He explained a little
further the work that i• beinq done throuqh the schools in
Enqlewood.
Councilaan Bl•••inq •tated that, in his opinion, social
worker• were •ore iaportant than p•ychiatrists in dealinq with
the probl••• of the •chool•. B• al•o stated that the City would
have to be lookint at the other sources of funds in order to assist
the ••ntal health center.
Meetinq of May 5, 1975
3
Dr. Farmer aqreed with Councilman Blessing and stated
that they do have a larqe staff of social workers to deal with
the particular problem• involved. Dr. Farmer invited the Council
to visit the facility and see first hand what facilities they
have and what work they are doing, especially with Englewood
residents.
Councilman Mann stated that he appreciates the problems
that the mental health center has. He asked about the Aurora
proqram and what is happeninq there. Dr. Farmer stated that
Aurora is attemptinq to become a separate unit apart from the
Arapahoe Mental Health Center. State funding decisions will
determine what happens in Aurora with their mental health center.
Councilman Sovern inquired about the mental health
center work with the Littleton police department. Dr. Farmer
stated that they have a psychologist and a special proqram with
the Littleton police department.
Councilman Mann gave a background on past motions
relating to funding for the Arapahoe Mental Health Center. He
stated that the City should assist their program now.
Dr. Farmer stated that the clients who use the Arapahoe
Mental Center do pay a fee, althouqh it is very minimal. Currently,
about 75\ of the clients from Englewood have incomes of $10,000 or
less.
COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED
A MOTION TO HAVE THE STAFF STUDY THE ARAPAHOE MENTAL HEALTH CENTER
PROGRAM AND FIND MONEY IN THE BUDGET TO PROVIDE FUNDS FOR THE
HEALTH CENTER, AND THAT A RESOLUTION BE PREPARED FOR PRESENTATION
AT THE MAY 19TH CITY COUNCIL MEETING. 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.
* * * * *
Mr. Bruce Grattan was present representing the
Englewood Jaycees to request funds for the 4th of July celebration.
He outlined the background for the annual 4th of July celebration,
and stated that the Jaycees had accepted a fireworks bid from
Burnett Fireworks. He stated that the Jaycees were planning on
having a nickel day at the park where everything including foods
and booths will cost only a nickel.
I
Meeting of May 5, 1975
4
Councilman Mann inquired as to the budget. Mr.
Grattan stated that the Jaycees budqet this year is $3,600.
Councilman Clayton stated that he is in favor of
the Jaycees proqram. He also stated that the City Council
last year had asked the Jaycees to pre••nt a request for
inclusion in the current budget, which they had never received.
He also stated that the City is still holdinq an unpaid bill
for the Jaycees for cleanup on last year'• project. He said
the City needs more time for budget purpose•, and the City needs
better cooperation from the Jaycee• in the financial planning
and in the followup for the Jaycee project•.
COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED
A MOTION TO CONSIDER THE BUDGET REQUEST PROM THE ENGLEWOOD JAYCEES
AND TO HAVE IT RESOLVED AT THE MAY 19TR CITY COUNCIL MEETING.
Councilman Blessing asked how much the Jaycees wanted.
Mr. Grattan said he would leave it up to the City Council as to
the amount of money.
COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A
MOTION TO AMEND THE PREVIOUS MOTION TO INCLUDE THAT THE CITY
COUNCIL RECEIVE A FINANCIAL BREAKDOWN OF THE JAYCEE PROJECT FOR
THE PAST TWO YEARS. Upon the call of the roll, the vote on the
first motion resulted as follows:
Ayes: Council Members Jones, Sovern, Mann, Blessing,
Brown, Clayton, Taylor.
Nays: None
Absent: None
The Mayor declared the motion carried.
Upon the call of the roll, the vote on the motion as
amended resulted as follows:
Ayes: Council Members Jones, Sovern, Mann, Blessing,
Brown, Clayton, Taylor.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
Mr. Sid Overton, Co-chairman of the Horizons Committee
of the Centennial-Bi-Centennial Committee, was present to discuss
the Little Dry Creek Project.
Meetinq of May S, 197S
s
Mr. Overton outlined on a map the Little Dry Creek
project from South Clarkson to Acoma. Re stated that their
qoal was for the proper treatinq and beautification of the
Little Dry Creek in this area, and his primary purpose at
this time was to only ask for a direction from the City Council I
for future action. He located the two areas on the map that
they are considerinq for possible future acquisition, the areas
beinq located at the corners of Broadway and the Jefferson by-pass,
and the corner of old Hampden and the Jefferson by-pass and
Bannock Street.
He stated that their primary concerns were the hydroloqy
of the project and for the fundinq of the project.
Councilman Sovern said that as it presently exists, if
a 100-year flood condition were to occur, it would completely
incapacitate Cinderella City by floodinq the basement. Re dis-
aqrees with the current hydroloqy report. Re said we .would lose
SO-SO' of our revenue from Cinderella City for a period of
approximately six months. Re stated that he did a cost estimate
of a project and it would twice that of the report. He was usinq
a cost basis of $SOO per runninq foot.
Councilman Sovern stated that the City needs to study
and to define alternatives for handlinq water, should it occur,
in order to pretect Cinderella City. We need planning and an
implementation proqram fairly quickly.
Mr. Overton reiterated his previous comment that he was
here, not to request funds, but just to qet direction from the
City Council for future action.
Councilman Clayton asked if any definite proposals for
chanqes in channelinq of the creek, or other methods, had been
considered. Mr. Overton said that the one possible solution was
to re-channel the creek north alonq Bannock, essentially throuqh
the present Chamber of Commerce facility.
Councilman Sovern stated that what is needed is an
alternate overland flow course, either via a qreenbelt area, or
by usinq current roadways. He said the whole problem is an
extremely complex one because it involves many properties and
many possible alternatives.
* * * * *
Mr. Ned Bishop, representinq the Board of Directors of
the Colorado Gold, was present to accept a proclamation pro-
claiminq May 18, 1975 as Colorado Gold Day in Enqlewood.
COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED
A MOTION TO APPROVE THE PROCLAMATION DESIGNATING MAY 18, 197S AS
COLORADO GOLD DAY IN ENGLEWOOD. Upon the call of the roll, the
vote resulted as follows:
Meetinq of May 5, 1975
6
Ayes: Council Members Jones, Sovern, Mann, Blessinq,
Brown, Clayton, Taylor.
Nays: None
Absent: None
The Mayor declared the motion carried.
Mr. Bishop outlined the backqround of the Colorado
Gold and stated that the qoal was to make this event one of the
primary women's track events in the nation.
Councilman Blessinq said that Enqlewood is very
fortunate in that the Bnqlewood Hiqh School facilities are one
of the best in the nation.
* * * * *
Rev. Fred Hahn, Pastor of the Immanuel Lutheran Church,
was present. He asked if the proclamation approved at a previous
meetinq miqht be presented the last Sunday in June, which will
end their 50th anniversary celebration.
Councilman Clayton, beinq a member of the conqreqation,
was asked to represent the City for this readinq of the proclama-·
tion.
Councilman Mann asked Rev. Hahn to clarify his prayer
passaqe reqardinq Councilmen'• pay. Rev. Hahn stated that the
citizens of Enqlewood should be extremely happy to have such
dedicated public servants servinq the City at such low pay.
* * * * *
The followinq communications were received into the
record.
Minutes of the Planninq and Zoninq Commission meetinq
of April 8, 1975.
Proclamation by the Mayor declarinq May 14, 1975 as
"Circus Day" in the City of Enqlewood.
COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO APPROVE A PROCLAMATION BY THE MAYOR DECLARING MAY 14,
1975 AS CIRCUS DAY IN THE CITY OF ENGLEWOOD.
Councilman Brown asked if this was the same circus that
was here last year with the wooden objects. Mayor Taylor replied
in the neqative.
Meetinq of May 5, 1975
7
Councilman Mann stated that since there was no one
here to receive the proclamation, it would seem like this is
just a form of advertisinq, and why should the City of Enqlewood
back a proclamation for a circus. He stated that we could just
as well have a proclamation for a sale at Penney's. Mayor Taylor I
stated that this proclamation will be officially presented at the
openinq of the circus on May 14th. He explained further that,
while this may be a method of advertisinq, it is one which the
City throuqh Cinderella City, can well use. He also said that
the Cinderella City Merchants Association has been extremely
helpful and cooperative with the City Council.
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.
A proclamation by the Mayor declaring May 12th through
May 22nd as Clean-up, Paint-up, Fix-up Time in the City of
Enqlewood.
COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO APPROVE A PROCLAMATION AUTHORIZING THE MAYOR TO SIGN
A PROCLAMATION DECLARING MAY 12th THROUGH MAY 22nd AS CLEAN-UP,
PAINT-UP, FIX-UP TIME IN THE CITY OF ENGLEWOOD.
Councilman Clayton said that he was happy to see the
qreat improvement takinq place in the community.
Councilman Blessinq asked if trash bags would be
available. Director of Public Works Waggoner said that bags are
not sturdy enouqh for this type of project.
Mayor Taylor asked who would be the enforcing agency
for the June 1 law requirinq that trash barrels not exceed 32
gallons. Director of Public Works Waggoner stated that the trash
haulers would be the enforcers, since they are the ones who will
actually be doing the picking up.
Mayor Taylor asked who would be the enforcing agency if
the citizens don't qo alonq with this and let their garbage and
trash pile up. City Attorney Berardini stated that the City has
a littering law which could be put into effect.
Councilman Brown asked about the criteria for the
pickup of branches by the City. Director of Public Works Waggoner
stated that the City would like to have branches and t~igs put into
four-foot lengths and put into bundles.
Meeting of May 5, 1975
8
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.
A report from the Director of Community Development on
his attendance at a conference in Vancouver, B. c.
Report from the Assistant City Manaqer on his attendance
at a proqram budqet seminar in Montreal, Canada.
Report from the Assistant City Manaqer and Actinq
Director of Finance on the utilization of the finance personnel
subsequent to data processinq.
Budqetary savinqs due to the moratorium throuqh April
of 1975.
* * * * *
COUNCILMAN CLAYTON MOVED ANO COUNCILMAN BLESSING
SECONDED A MOTION TO ACCEPT A BIO FOR PAVING DISTRICT NO. 22 FROM
THE ROCXY MOUNTAIN PAVING COMPANY IN THE AMOUNT OF $394,980.52.
City Manaqer Mccown stated that this bid was way below
the enqineerinq estimate of $550,853.85.
Director of Public Works Waqqoner stated that there
were no exceptions in the bid.
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.
* * * * *
City Manaqer Mccown presented items relatinq to the
hiqh school swimminq pool and the need for an auxiliary boiler.
Meeting of May 5, 1975
9
He stated that with savinqs realized in the pavinq district,
funds can be drawn from this area to help finance the City's
one-half portion of the boiler.
RESOLUTION NO. 22, SERIES OF 1975
A RESOLUTION APPROPRIATING FUNDS IN THE PUBLIC IMPROVEMENT FUND.
(Copied in full in the Official Resolution Book.)
COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED
A MOTION TO APPROVE RESOLUTION NO. 22, SERIES OF 1975.
Councilman Mann questioned the motion of the previous
meetinq which indicated that the City Council approve only one-
half the cost of the boiler, and that the maximum would be the
enqineerinq estimate, seeinq as the bid is above the engineering
estimate. City Attorney Berardini stated that the City Council
can chanqe this decision.
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 BLESSING MOVED AND COUNCILMAN JONES SECONDED
A MOTION TO APPROVE AN APPLICATION FOR A 3.2 BEER LICENSE RENEWAL
FOR THE 7-11 STORE AT 2705 SOUTH BROADWAY. 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.
* * * * *
The Mayor called a recess at 9:15 P.M.
Council reconvened at 9:30 P.M. Upon the call of the
roll, the followinq were present:
Meeting of May 5, 1975
10
Council Members Jones, Sovern, Mann, Blessing, Brown,
Clayton, Taylor.
Absent: None
* * * * *
INTRODUCED AS A BILL BY COUNCILMAN BROWN.
BY AUTHORITY
ORDINANCE NO. 24, SERIES OF 1975
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD,
COLORADO AND THE CITY AND COUNTY OF DENVER, COLORADO.
(Copied in full in the Official Ordinance Book.)
COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO APPROVE ORDINANCE NO. 24, SERIES OF 1975.
Councilman Jones asked what the timing was for the
Denver project. Director of Public Works Waggoner stated that
their project was about ready to go to bid.
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 Attorney Berardini presented a Bill for an
Ordinance adopting an affirmative action program for the City
of Englewood. He outlined in brief the background for the
affirmative action Bill, and how the Federal Act provisions
apply to employment in the City. He stated that the Federal
Act does not require any quotas, but does indicate that goals
must be established.
Councilman Mann questioned the statistics that are
presented in the Bill for Ordinance. City Manager Mccown stated
that these are the goals that the City has established for the
ordinance. He said that Englewood cannot rely on Englewood
statistics only, but must include the Standard Metropolitan
Statistical Area, which includes the Denver-Boulder metropolitan
area. This is a criteria established by the Federal Government.
The City of Englewood must use the Standard Metropolitan Statistical
Area becuase the City recruits from the entire area. He stated that
Meeting of May 5, 1975
-11 -
the City used a compromise fiqure for their qoal. They compromised
between the Standard Metropolitan Statistical Area and Enqlewood
statistics.
city Attorney Berardini reiterated that the Federal I
government prohibit• the use of quotas in hiring practices and
said that this is the first ordinance where he has seen the goals
stated in ordinance form, moat are stated in resolution form or
policy form. He stated that this is a qood practice in that it
establishes affirmative action in the Enqlewood Code.
INTRODUCED AS A BIL~ BY COUNCILMAN BLESSING.
A BILL POR
AN ORDINANCE REPEALING AND REEANCTING, WITH AMENDMENTS, SECTION 3,
CHAPTER 1, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY
AND FAIR EMPLOYMENT PRACTICES1 PROHIBITING DISCRIMINATION IN
EMPLOYMENT1 AND ADOPTING AN APPIRMATIVE ACTION PROGRAM FOR THE
CITY OF ENGLEWOOD.
COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED
A MOTION TO APPROVE A BILL POR AN ORDINANCE DEALING WITH EQUAL
EMPLOYMENT OPPORTUNITY AND FAIR EMPLOYMENT PRACTICES, AND ADOPTING
AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ENGLEWOOD.
Councilman Brown read passages from a book, "The
Balancinq Act" by Roche. He stated the book relates to Federal
government intervention in practices in university hiring and
student acceptance. He said the book is frightening in what the
Federal government is doing. He said that if it is happening in
the hiqher education areas, it could well happen in the cities.
He read passages giving the background of civil rights legislation,
and said he hopes the HEW will not cut out Federal aid to the City
of Enqlewood if the City did not meet quotas established as goals.
He said he is for equal rights, but the Fed's should not force
quotas on local governments.
Councilman Mann stated that he, too, is concerned, and
indicated that this type of legislation is just another form of
Federal blackmail.
City Manager Mccown read a policy statement endorsed by I
the u. s. Civil Service Commission in regard to goals and time-
tables and stated that there is no change required in the
Englewood personnel practices as they currently exist.
Councilman Mann asked why we need this ordinance. City
Manager Mccown said that the possibility exists that the Federal
government could cut off funds if we did not have an affirmative
action program formally in effect.
Meeting of May 5, 1975
12
City Attorney Berardini said that this type of program
actually already exists in our Englewood Municipal Code and that
we will not disqualify people from employment because of race,
religion, age, sex, or creed.
City Manaqer Mccown stated that the important question
is a moral one, and said that the City has a moral obligation to
commit itself to this program.
Councilman Mann stated that he cannot agree on the moral
obli q ation involved. The Federal government is, in fact, telling
us to adopt this proqram.
Councilman Sovern said that there are various types of
action, one beinq overt, and one beinq covert. The Federal
government forces action throuqh the cutting off of Federal funds.
He further stated that the Federal government has stepped in in
areas where local qovernment• have not recognized a problem and
have not done their job.
City Attorney Berardini said that those who feel that
they have been discriminated aqainst have their remedy in the
courts if they so desire.
Councilman Brown reiterated that he fears goals because
the Federal government could sometime in the future enforce their
desire.
Upon the call of the roll, the vote resulted as follows:
Ayes: Council Members Sovern, Blessing, Clayton, Taylor.
Nays: Council Members Jones, Mann, Brown.
Absent: None
The Mayor declared the motion carried.
* * * * *
INTRODUCED AS A BILL BY COUNCILMAN SOVERN.
A BILL FOR
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY AND COUNTY
OF DENVER, COLORADO, ACTING BY AND THROUGH ITS BOARD OF WATER
COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO.
COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED
A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING AN AGREE-
MENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY AND COUNTY OF
DENVER.
Meetinq of May S, 1975
13
Councilman Sovern asked that the City Attorney review
the leqal implication• of croseinq of conduits in water mains, etc.
He stated that while this aqreement we have here looks to be rather
standard in form, there is not a "show cause" clause in it for the
future removal of utilities. He asked if we are, in fact, qivinq
away any riqhts, a subject which should be investiqated more
thoroughly.
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.
* * * * *
City Attorney Berardini outlined the backqround for
the lease aqreement requirement with Ambrose Williams concerninq
Park and Shop lot near the old Police/Fire Center, and stated
that the lease cannot exceed 20 years under the provisions of
the Charter. The lease, as proposed, is essentially the same
except that it provides for a 20-year duration. He stated that
the City has retained air riqhts and sub-surface riqhts on the
land. If the City so desires to develop the land, the parkinq
can be provided at another level, be it above or below qround.
He said this is an important part of the lease.
COUNCILMAN SOVERN MOVED ANO COUNCILMAN CLAYTON SECONDED
A MOTION TO AUTHORIZE THE MAYOR TO SIGN A LEASE WITH SHOPPING
CENTERS COMPANY WITHIN THE BOUNDS DESCRIBED IN THE LEASE.
In answer to Councilman Mann's questions, City Attorney
Berardini stated that there is no cash payment made to the City.
Consideration is made in the form of maintenance of the lot. In
the event the City desires to break the lease and develop the land,
the primary provision of the lease says that the City will provide
parkinq at any level and that they should qive reasonable notice
if they do plan to make this type of development. He also said
that this lease will last for 20 years and it cannot last any
lonqer because of the Charter provisions.
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.
* * * * *
I
I
Meetinq of May 5, 1975
14
City Attorney Berardini notified the City Council
that Assistant City Attorney Dan Ramsey had submitted his
letter of resiqnation. He stated that the attrition rate in
this position should be expected to be hiqh because it is
essentially a learninq position for a younq attorney.
• • • • •
City Attorney Berardini reported on the Caroline
Weist case, which involved a challenqe reqardinq assessment of
property and the proportioninq of costs for an assessment. He
said that the leqal doctrine established is an important one for
the City financinq.
• * * * •
City Attorney Berardini reported that an appeal has
been filed on the Arap's Restaurant 3-way liquor license
application.
Mayor Taylor asked that a check be made on the buildinq
permit which is currently at that buildinq.
• * * * *
RESOLUTION NO. 23, SERIES OF 1975
A RESOLUTION AWARDING BIDS FOR THE SALE OF SPECIAL ASSESSMENT
BONDS TO FINANCE PAVING DISTRICT NO. 22.
(Copied in full in the Official Resolution Book.)
COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED
A MOTION TO APPROVE RESOLUTION NO. 23, SERIES OF 1975.
Councilman Blessinq questioned if he should participate
jn the vote on this, beinq as the Moore in Kirchner, Moore and
Company who won the bond bid is a distant nephew. Councilman
Clayton stated that he should only make it a matter of record in
the minutes.
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 May 5, 1975
15
INTRODUCED AS A BILL BY COUNCILMAN CLAYTON.
A BILL FOR
AN ORDINANCE AUTHORIZING THE ISSUANCE OP SPECIAL ASSESSMENT
BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT
NO. 22, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING,
CURB AND GUTTER AND SIDEWALK IMPORVEMENTS, IN SAID DISTRICT;
PRESCRIBING THE FORM OP THE BONDSJ AND PROVIDING FOR THE PAYMENT
OF SAID BONDS AND THE INTEREST THEREON.
COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED
A MOTION TO APPROVE A BILL FOR AN ORDINANCE AUTHORIZING THE
ISSUANCE OP SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD
FOR PAVING DISTRICT NO. 22, AND SETTING A PUBLIC HEARING FOR
MAY 19, 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.
* * * * *
In response to a previous Council request, City Manager
Mccown outlined the coats for putting together and publishing and
sending out the Englewood Citizen Newsletter. The approximate
coat per issue is $1,615.00.
City Manager Mccown thanked the Boy Scout Troop No. 92
who helped in the processing of the last Newsletter for their
public service project.
COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A
MOTION TO INITIATE A PROGRAM TO PUBLISH THE ENGLEWOOD CITIZEN
NEWSLETTER EVERY OTHER MONTH. Upon the call of the roll, the vote
resulted as follows:
Ayes: Council Members Sovern, Mann, Blessing, Brown ,
Clayton, Taylor.
Nays: Council Member Jones •.
Absents None.
The Mayor declared the motion carried.
* * * * *
Meetinq of May S, 1975
16
City Manaqer Mccown presented a memorandum from the
Director of Utilitie• relatinq to Supplement #49, Southqate
Sanitation Diatrict.
Councilman Sovern stated his concern that he did not
want the City of Enqlewood to approve taps without the
correapondinq approval for zoninq in that area, because in his
experience, developers will use the acquisition of taps as a
lever in qettinq favorable consideration for their project. He
stated that the City ahould respond to the desires of the County
by providinq sewer taps in those areas where they make chanqes
in the zoninq. In thi• way the City has fulfilled their
responsibility.
COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A
MOTION TO APPROVE CONDITIONALLY, UPON APPROVAL BY ARAPAHOE COUNTY,
OP THE ZONING OP SUPPLEMENT #49, TO THE SOUTHGATE SANITATION
DISTRICT, APTER RESPONSE PROM ARAPAHOE COUNTY THAT THE ZONING
IS APPROVED.
Councilman Mann stated that he felt that the developers
should have plans for the area before sewer taps are approved.
Councilman Sovern stated that we are, in effect, sayinq
that we will not issue taps until zoninq has been approved by the
Arapahoe County Board.
Sovern
taps.
and not
In response to Councilman Clayton's question, Councilman
stated that this applies only to sewer taps and not to water
He also said that the City Council is here to provide service
to effect zoninq of areas outside the City.
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 CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED
A MOTION TO APPOINT COUNCILMAN BLESSING, WITH COUNCILMAN MANN AS
AN ALTERNATE, TO A COUNTY COMMITTEE FOR CONSIDERATION OF COUNTY-
WIDE SALES TAX, AND THAT HE BE INSTRUCTED TO OPPOSE THE COUNTY-
WIDE SALES TAX WHICH WOULD BE USED BY THE COUNTY FOR THE PURPOSE
OF ACQUIRING OPEN SPACE, RECREATIONAL LAND AND FOR THE DEVELOPMENT
AND MAINTENANCE OP THE SAME.
Meeting of May 5, 1975
17
Councilman Sovern asked City Attorney Berardini to
prepare a legal opinion in the event that the County is able to
pass a county-wide sales tax, because it would have tremendous
implications for the City of Englewood. He also asked that
information be qiven to Councilman Blessing so he can better I
prepare himself for the participation on this committee. He ·
should have knowledge of the options and the powers which the
City has.
City Attorney Berardini stated that one of the biggest
questions is, does the County have the power to repeal the one
cent sales tax that Englewood currently ~as.
Councilman Sovern stated that he doubts whether the
7 1/2\ sales tax has any political feasibility. If something
like this did pass, it would be very damaging to 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 Manager Mccown explained a memorandum from the
Colorado Municipal League relating to proposed Mountain Bell
rate increase. The CML has aaked that cities participate
financially in opposing the Mountain Bell rate increase. He
stated that in a 1968 case, the fees which were paid to the
CML for the same purpose were returned to the cities. If the
same decision is reached in this case, the funds requested will
again be returned. Por the City of Englewood, the cost will be
approximately $900.
COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED
A MOTION TO APPROPRIATE $898 TO THE COLORADO MUNICIPAL LEAGUE IN
SUPPORT OF THEIR STAND AGAINST THE MOUNTAIN BELL RATE INCREASE.
Councilman Jones stated that he does not see why the
Public Utilities Coaaission isn't doin9 this job, because the
PUC is a commission representin9 the citisena. It seems un-
necessary to duplicate the expense and the job that the PUC
should be doinq.
Upon the call of the roll, the vote resulted as follows:
Meeting of May S, 1975
18
Ayes:· Council Members Jones, Sovern, Mann, Blessing,
Brown, Clayton, Taylor.
Nays: None
Absent: None
The Mayor declared the motion carried.
* * * * *
Councilman Sovern stated that he would like to see the
City Manager develop a cost survey on getting a study done on the
water flow throuqh all of downtown Enqlewood.
Councilman Jones stated that we have already spent a
substantial amount of money in this area.
COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A
MOTION TO INSTRUCT THE CITY MANAGER TO PREPARE A SCOPE OF WORK
FOR A DRAINAGE STUDY WITHIN THE CITY OF ENGLEWOOD ALONG THE LITTLE
DRY CREEK AND THAT SOME NEGOTIATIONS BE DONE AND REPORTED BACK SO
THAT CITY COUNCIL CAN DETERMINE SOME SORT OF COST. 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 reported that Councilman Jones and he
went up to Keystone for a Colorado Municipal League seminar on
Thursday and Friday, and he will prepare a report for the City
Council.
* * * * *
Councilman Clayton reported on the use of the City-owned
bus to transport people to the Mayor's coffee.
COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED
A MOTION TO APPROVE USE OP THE CITY BUS AND THE SENIOR SURREY TO
TRANSPORT CITIZENS TO THE MAYOR'S COFFEES FOR THE NIGHT MEETINGS.
Councilman Mann inquired as to the insurance. Councilman
Clayton stated that the City Manager said that the City bus and the
Senior Surrey are covered for this purpose.
Meeting of May S, 1975
19
Mayor Taylor a•k•d that if pGssible, the program
for the next Mayor'• coffee will pertain to storm drainage.
Upon the call of the roll, the vote resulted as
follows:
Ayes: Council Members Jones, Sovern, Mann, Blessing,
Brown, Clayton, Taylor.
Nays: None
Ab•ent: None
The Mayor declared the motion carried.
* * * * *
Councilaan Clayton asked that the City Purchasing Agent
look into the purcha•• of new chairs again. He said he had found
a source where chair• can be purchased at a far lower price than
the $64 per chair initially quoted. He also said that the City
Council chaabers would only need 18 or 24 of these chairs and he
had the inforaation available as to the source of his quote.
COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED
A MOTION TO INSTRUCT THE CITY PURCHASING AGENT TO RE-INVESTIGATE
THE COST FOR CHAIRS FOR THE CITY COUNCIL CHAMBERS.
Councilaan Blessing reminded the Council that there is
presently a study under way to consider the renovation of the
entire chambers. Thi• might be a possible duplication of effort.
Upon the call of the roll, the vote resulted as follows:
Aye•: Council Members Jones, Sovern, Brown, Clayton.
Nays: Council Members Mann, Blessing, Taylor.
Absent: None
The Mayor declared the motion carried.
* * * * *
Mayor Taylor stated that Councilman Sovern gave an
excellent program at the last Arapahoe County Mayor's meeting.
* * * * *
I
Meetinq of May 5, 1975
20
COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED
A MOTION TO ADJOURN. 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 and the meeting was adjourned
at 11:05 P.M.
Clerk