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HomeMy WebLinkAbout1975-05-19 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OP ENGLEWOOD, COLORADO MAY 19, 1975 REGULAR MEETING: The City Council of the City of Enqlewood, Arapahoe County, Colorado, met in reqular ••••ion on May 19, 1975, at 7:30 P.M. Mayor Taylor, pre•idinq, called the meetin~ to order. The invocation wa• given by Rev. Fred Hahn, of Immanuel Lutheran Church. The pledge of alleqiance was led by Blue Bird Troop No. 207. The Mayor ••ked for roll call. Upon the call of the roll, the followinq were presents Council Member• Jon••i Mann, Blessinq, Brown, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared a quorum present. Also present werez City Manager Mccown Assistant City Manaqer Nollenberger City Attorney Berardini Director of Community Development Supinger Director of Personnel Lorig Deputy City Clerk Johannisson * * * * * COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 5, 1975. Councilman Clayton asked that the paragraph referrinq to him as a member of the congregation of Immanuel Lutheran Church be stricken, a• he is not a member. Councilman Mann and Councilman Brown aqreed with the change. Upon the call of the roll, the vote resulted as follows: I Meetinq of May 19, 1975 2 Aye•s Council Member• Jones, Mann, Blessinq, Brown, Clayton, Taylor. Nays a None Ab•ents Council Meaber Sovern. The Mayor declared the aotion carried. * * * * * Karla Given of the American Medical Center National Council of Auxiliarie•, wa• pre•ent to receive a proclamation declarinq the month of June, 1975 as American Medical Center Taq Month. Mayor Taylor read the proclamation and presented it to Ms. Given. COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO ACCEPT THE PROCLAMATION DECLARING THE MONTH OF JUNE, 1975 AS AMERICAN MEDICAL CENTER TAG MONTH. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absent: Council Member Sovern. * * * * * Gerald Vauqhn, 3031 So. Birch Street, a member of the Enqlewood Police Department, was present. Mr. Vauqhn wa• present as a spokesman for the three orqanizations repre•entinq the police and fire departments. Mr. Vauqhn said that th• three orqanizations were in full concurrence with City Manaqer Mccown'• decision to withdraw the proposal to create a safety department. The orqanizations also aqree with City Manaqer Mccown'• proposal for a complete revampinq of the departments. Officer Vauqhn asked that in a search for a new Chief, every member in the current police department who is qualified be qiven consideration for the po•t, and that the selection should be made of a man who is a doer and not a talker. * * * * * '. Meeting of May 19, 1975 3 Cynthia Small, 1571 So. Clayton, Denver, was present. She represents the Colorado Commission on Status of Women. She expressed the Coaaisaion'a interest in the City Council's consider- ation of an affirmative action ordinance. In answer to Councilman Clayton's and Councilman Mann's I questions, Ma. Small stated that the Colorado Commission on the Status of Women is a commission appointed by the Governor and created by the leqialature, and it is charged with looking after the status of women. The positions are unpaid with no salary and no expenses, and the current Chairperson is Judith Henning, former Mayor of Enqlewood. * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN APPLICATION POR 3.2 BEER LICENSE BY J.C.P. PROVISIONS d/b/a VALU SUPERMARKET, 5175 SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: Council Member Sovern. The Mayor declared the motion carried and the public hearing open. Assistant City Manaqer Nollenberger presented into the record the followinq items relating to the applicant: Personal history forms, investiqative report, letters of reference, lease aqreements, site plan for the store, notice of public hearing, and map outlininq the area involved, noting the current liquor establishments and the petition area. Mr. Tom Eitel, from the firm of Banta, Banta and Eitel was present to represent the J.C.P. Provision Company. He gave a brief background of the company and of the indivi~uals involved with the company. Mr. Eitel presented a photoqraph noting that public hearing notice had been placed in the window of the location. He stated that the officers had been investigated thoroughly, that I no license had been applied for in the last year. He said that the purpose of this public hearing was to determine the needs and requirements as demonstrated by petitions from the defined neighborhood. Mr. Donald R. Grimm, 9206 Hickory, Omaha, Nebraska, was sworn in as a witness. He is the secretary of the J.C.P. Provision Company and assistant secretary of the Supermarkets Meeting of May 19, 1975 4 Interstate, Inc. In anawer to questions from Mr. Eitel, he said that the J.C.P. Proviaion Company is a wholly owned subsidiary of Supermarket• Interatate which ia a wholly owned subsidiary of J. c. Penney. The J.C.P. Provision Company was established to account for the alcoholic beverage sales of the supermarkets that are run by Supermarkets Interstate. Re stated that there are 64 stores operated by Supermarkets Interstate, the one at 5175 south Broadway is the only one in Colorado. Be said that there are other locations in other states which currently have licenses to sell alcoholic beverages and that all of these licenses are held in conjunction with retail grocers. Re said that J.C.P. Provision has never been rejected for a license, nor have they ever had a license suspended or revoked. He said that the 3.2 beer will be stored and dispensed from a cooler located in the store. In answer to Councilman Clayton's question, Mr. Grimm stated that to his knowledge K-Mart would not be applying for a hard liquor license and that it would not be necessary to sell beer for the Valu Supermarket to be successful. Re stated that the desire .f Valu Supermarket is to be a full-line grocer which would include the sale of 3.2 beer. He stated that the sale of 3.2 beer would contribute to the success of Valu Supermarket. In answer to Councilman Blessing's question reqardinq the voluntary aqe limit imposed by some of the stores in Englewood up to 21, as opposed to 18, Mr. Grimm said that they would have to discuss this with the management to see what policy they would establish for 3.2 beer sales. In response to Councilman Brown's question, Mr. Grimm stated that J.C.P. Provision Company and Supermarkets Interstate is the wholly owned subsidiary of J.C. Penney Corporation. The Valu Supermarket would not be competing with the K-Mark store next door because Valu Supermarket is basically a grocer and K-Mart is a hard good• •~ore. * * * * * Councilman Sovern entered the room and took his place with the Council at 8zl5 P.M. * * * * * Councilman Mann stated that if this 3.2 beer license is approved, it would be the 9th liquor outlet in the area, and he feels that J.C.P. Provisions would have a problem proving the need for an additional outlet at this time. Mr. Grimm atated that customers have inquired about the sale of 3.2 beer at the atore. He said that the closest 3.2 beer outlet is U-Tote-M, and U-Tote-M is not a full-line grocer. Meetinq of May 19, 1975 5 Mayor Taylor asked if there was anyone in the audience who wished to cross examine Mr. Grimm. No one appeared. Mr. Robert w. Anderson, 8032 So. Otis Court, Littleton, was sworn in as a witness. Mr. Anderson identified himself as the qeneral manaqer of the Valu Supermarket. In answer to Mr. Eitel's questions, Mr. Anderson qave the followinq information. He has been employed by Supermarkets Interstate since July of 1970, in the capacities of qeneral manaqer of stores. He ba• been in the qrovery business for 27 years. Many of those years have been in manaqerial capacity where he has super- vised the sale of beer and wine in other stores. He said that the projected sales for the Valu Supermarket is currently $5 million per year. The store employs 125 employees and they sell a full line of qroceriea and services. He said that the siqn notifyinq the public of the public hearinq for the 3.2 beer license was posted on April 22, 1975 in the front window, three feet from the entrance way in a very conspicuous spot. He said that he has received many requests from patrons reqardinq whether the store was qoinq to be sellinq beer. These requests were received both personally and by other personnel in the store. He stated that 3.2 beer sales would enhance the full line sales of the store. He stated that the 7-11 and U-Tote-M stores are convenience stores and do not qive a full line of qrocery items. The Valu Supermarket is in the business of qivinq a full line of qrocery items and 3.2 beer would be one of these items. He said that the requests for beer have primarily been from older patrons. Mr. Eitel presented photos of the store which were entered into the record. The photos showed both the inside and the outside of the store and the area where beer would be stored and sold from. Mr. Anderson stated that the beer would be sold from a refriqerated case where other beveraqes would be sold. The beer portion would be separate from the other portion. The beer would be stored in a cooler in the storaqe area. He explained the handling procedures where individuals under 18 would not be handlinq beer. He explained bis familiarity with the aqe policy for sellinq beer and the need for I.D.'a and that all checkers have been notified of the policie•. He •tated that the only persona under 18 who may I be in contact with beer might be the carry-out boys who would be I under 18, where they would be taking groceries, which might include beer, from the check-out area to a cuatomer's car. He stated that the store hours are 9100 A.M. to 10100 P.M. daily, and 10:00 A.M. to 7:00 P.M. on Sunday. I n responae to Councilman Clayton's questions regarding the storaqe and the handling of the beer, Mr. Anderson answered that the sale of 3.2 beer would not be a necessity for the store, but would enhance the full line of qroceries sold by the store. Meetinq of May 19, 1975 6 He said that while the beveraqe ca•• would not be a separate case just for beer, the beer would be •tored in the case and seqreqated from other beveraqea. In reqard to carry-out boys handlinq beer, Mr. Anderson stated that the carry-out boy• probably would not be handlinq qroceries or beer without the customer beinq there, because there are few people who would leave their car keys and their qroceries unattended. Councilman Clayton expressed his concern about the supervision of the carry-out boys. Mr. Anderson assured him that instruction• would be qiven to all personnel handlinq 3.2 beer in the store. Mrs. Gloria Roy, 1775 So. Cline Way, Lakewood, was sworn in as a witness. She is employed by Valu Supermarket as a checker. She solicited petitions in the store for the sale of 3.2 beer. She solicited petitions between Wednesday, May 14th, and Saturday, May 17th. In answer to Mr. Eitel's questions, she indicated that all solicitations for siqnatures she made were in the store. The requests were fully explained to all persons who siqned the petition. She stated that favorable reaction was received from most people that she approached. She only had one objection, and that was from a person who indicated that they would not siqn because of reliqious belief. Mr. Eitel presented one qroup of petitions containinq 702 siqnatures from patrons who indicated they were not residents of the qeneral area. He presented petitions containinq 300 siq- natures from persons who indicated that they lived in the neiqhbor- hood as defined. Mrs. Roy stated that one person was under 18 years of aqe, and their name was crossed off the list. In response to Councilman Brown's question, Mr. Eitel reiterated that the siqnatures were obtained from patrons in the store, and that the patrons were asked to siqn one of two petitions dependinq on whether they lived in or out of the defined neiqhborhood. Mr. Eitel identified the difference in the petitions with a mark. Mr. Robert Webster, 1210 West Radcliff, was recoqnized. He asked if off-premises meant out of the store or out of the store and outside of the parkinq lot. Mr. Eitel answered by sayinq that it would include out of the parking lot because the Colorado State law prohibits consumption of alcohol in public places. Mr. John Holtz, 321 West Belleview, Enqlewood, was sworn in as a witness. Be passed petitions in the neiqhborhood as defined. Meetinq of May 19, 1975 7 In answer to Mr. Eitel's questions, he explained the petitioninq procedure in the areas in which he canvassed. Re stated that his primary petitioninq area involved the west aide of Broadway, from Belleview to Tufts. He also qot aiqnaturea from the west side of Broadway, south of Belleview, which included portions of Littleton, I He also cnavasaed the business areas along Broadway. Re canvassed between Thrusday, May 15th, and Sunday, May 18th. Re stated that in his canvassinq, about five people opposed the petitions. All were elderly ladies. The petitions passed by Mr. Holtz were brouqht into the record. They contained 307 aiqnatures. Councilman Mann stated that by lookinq at the petitions, many of the siqnatures were obtained from the apartment area which is north of Belleview and west of Broadway. Mr. Holtz aqreed that many siqnatures were obtained from this area, but he also indicated that siqnatures were obtained from residential areas in the Fox and Elati area up to Tufts. In response to Councilman Clayton's questions askinq if the petitioned area was primarily apartments, Mr. Holtz stated that in his opinion at~ut half were obtained from apartments. Some were obtained from duplex areas primarily in Littleton, the balance from residential single housinq areas. Councilman Blessinq asked Councilman Clayton what is his point about the apartments. Councilman Clayton answered sayinq that apartments are where the population is more flexible. Mr. Holtz stated that he was not permitted to petition in some apartments. Re said that he tried to qet as qood a samplinq •• possible in the time limit set for him. Re also said that he petitioned the Brookridqe Shoppinq Center businesses. Mayor Taylor asked il there was anyone in the audienee who wished to speak for or aqainst the application beinq presented by J.C.P. Provisions, d/b/a Valu Supermarket. No one appeared. Mr. Eitel presented the following closing comments. Re stated that the City Council must look at the character of the license, and that there is only one other 3.2 beer outlet in the area, and it is in the hands of U-Tote-M on East Belleview, which is not a full-line grocery as Valu Supermarket is. Re said that I approximately 1,300 siqnatures have been presented expressing the desire for 3.2 beer at Valu Supermarket, and that these petitions were aiqned by people in the neiqhborhood and by individuals who were patronizinq the store. Re stated that the petitions from patrons in the store can be considered as indicated by a court case, the Cloverleaf Kennel Club case. Re also stated that there are no opponents to the application present at the Council meetinq, and that no opponents have officially presented themselves. He also Meetinq of May 19, 1975 8 outlined the investiqative procedure used by the City has found that all individuals connected with the company and the company itself, are of qood character. Councilman Jones asked about the voluntary limitation to sale of 3.2 beer to persons over 21. City Attorney Berardini stated that this is a store policy of the 7-11 stores and not necessarily a carry-over to other stores. COUNCILMAN MAHN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CLOSE THE PUBLIC REARING TO CONSIDER THE APPLICATION FOR A 3.2 BEER LICENSE BY JCP PROVISIONS, d/b/a VALU SUPERMARKET, 5175 SOOTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Hays: Hone Absent: Hone The Mayor declared the motion carried and th• public hearinq closed. Mayor Taylor stated that a decision would be rendered in 30 days. * * * * • COUNCILMAN MAHN MOVED AHO COOHCILMAN BROWN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO COMSIDBR AN ORDINANCE AUTHORIZING ISSUE OF $473,000 OP SPECIAL ASSBSSMBMT BOROS POR PAVING DISTRICT HO. 22. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: Hone Absent: Hone The Mayor declared the motion carried and the public hearinq open. City Manaqer Mccown explained the bids received for Pavinq District Ho. 22. All bids were lower than the estimate. Consequently, the bonded debt would be only $473,000, as opposed to a hiqher initial estimate. The low bidder was Kirchner, Moore and Company. Mayor Taylor asked for any pros or cons or comments from people in the audience. No one appeared. Meetinq of May 19, 1975 9 COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AUTHORIZING ISSUE OF $473,000 OF SPECIAL ASSESSMENT BONDS FOR PAVING DISTRICT NO. 22. 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 public hearing closed. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. BY AUTHORITY ORDINANCE NO. 25, SERIES OF 1975 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 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 IMPROVEMENTS, IN SAID DISTRICT1 PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THBREON. (Copied in full in the Official Ordinance Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ORDINANCE NO. 25, 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 following communications were accepted into the record. A report from Mayor Pro Tem Mann and Councilman Jones concerning their attendance at a meeting in Keystone. Mayor Taylor thanked Councilman Mann and Councilman Jones for the fine report. Meetinq of May 19, 1975 10 Minute• of the Career Service Board meetinq of April 17, 1975. Minutes of the Parka and Recreation Commission meetinq of April 10, and May 8, 1975. Minutes of the Library Board meetinq of May 13, 1975. Letter from Don Harper, Superintendent of the Enqlewood Public Schools, concerninq the City's contribution for the auxiliary boiler at the hiqh school swimminq pool. Letter from Mr. John v. Saeman, of the firm of Daniels Properties, Inc. concerninq an update report on cable television systems in Enqlewood. Financial report for the month of April, 1975. * * * * * Mayor Taylor declared a recess at 9:15 P.M. Council reconvened at 9:30 P.M. Upon the call of the roll, the followinq were present: Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Ab•ent: None * * * * * The minutes of the Planninq and Zoninq Coaai••ion meetinqs of April 22 and April 30, 1975 recoaaendin9 approval of a planned development known as Halcyon Hei9ht• II, Block 4 of Hiqqins South Broadway Heiqhts, were pre•ented. It was noted that the City Council ha• 30 day• fro• the date of submission, which is this Council •••tin9, to take action on this request. Councilman Jones a•k•d if there wa• any additional information for presentation. Director of Coaaunity D•••lopaent Supinqer stated that there wa• no additional infor .. tio .... In response to Council que•tion•, Mr. lupin9er •tated that the Department of Community Developaent ha• acted a• the coordinatinq point for keepinq all departaent• within th• City informed reqardinq thi• plan and in•urin9 that all departaent• have adequate input into the plan. Meetinq of May 19, 1975 11 In reepon•• to Councilman Jones' question reqardinq conditions put on the plan, Mr. Supinqer stated that appropriate measures would be required to handle the sanitary sewer, that soil testinq would be undertaken to aeaure that soil conditions were appropriate for the project, and that the City ditch riqht of way does not cross the property, but i• adjacent to the property. Councilman Jones asked that the City Council be qiven time to complete a study on the plan. Arthur Kipka, 5811 East Ithaca, Denver, was introduced. Mr. Kipke is the developer of the proposed project. Councilman Jones asked what assurances does the City have that the project will be completed. Mr. Kipke stated that he has employed one of the finest marketinq firms in Colorado to help promote the project. The project would not be started until SO• reservations had been realized. The lenders require this condition. Mr. Kipka said that the Kipke Corporation is also neqotiatinq for a partner to ~ssociate with him. Councilman Clayton expressed his concern about the possible failure to complete the project and asked further about the financial picture for the project. Mr. Kipka explained more fully the financial requirements for the project and the workinqs of the project. John Criswell, Attorney for Mr. Kipke, was introduced. He further explained the financinq for the project and outlined the assurances that the City has for completion of the project. Councilman Sovern asked that this subject be discussed further at a special study session and that questions be answered at that time. Queations at this time that could be answered include, does the buildinq have a sprinkler system or will it have standpipes? will the parkinq area have adequate strenqth for heavy equipment? is the water supply pressure adequate for the project? COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DEFER RECOMMENDATION UNTIL THE JUNE 2, 1975 MEETING WITH A CONCLUSION TO BE PRESENTED NO LATER THAN JUNE 16, 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. Meetinq of May 19, 1975 12 A study ••••ion for June 2nd at 5:00 P.M. was established to diacuaa this subject. City Manaqer Mccown aaked that Councilmen brinq any questions they have to him so that he can formally present them to Mr. Kipke. * * * * * A recommendation from the Planninq and Zoninq Commission concerninq a City position on the Reqional Transportation District Automatic Rapid Tranait (ART) for the RTD public hearinq on May 22, 1975 was presented. Mr. Tom Waller, representinq the Reqional Transportation District, was introduced. Mr. Waller qave a complete background of the Reqional Transportation Diatrict and the developments in both technoloqy and financinq which are takinq place. He stated that the propoaal under conaideration now is the automated rapid transit, and he explained it• backqround. He outlined the proposed first leq of the automated rapid transit which would connect Littleton to Northqlenn, a diatance of approximately 28 miles, and how it would affect the Enqlewood area. He said that the proposed automated rapid tranait would use the Santa Fe corridor, with a station somewhere in the Enqlewood area. Mr. Waller invited the City Council to participate in the RTD public hearing which is to be held on May 22nd. Councilman Sovern suqqested that the City Council submit its comments in a letter to RTD, instead of sending a formal representative to the hearinq to make a statement. Councilman Jones said that this public hearing will be held on Channel 6 television which is a public broadcasting station, and viewers can submit their questions and comments. Mr. Waller said that if comments would be directed to him, he would insure that they would be made a part of the public hearing record. Councilman Jones asked if RTD would consider feeder lines and circulators to facilitate linkaqe with the primary system. Mr. Waller replied in the affirmative, stating that feeder lines are an important supplement to the main arterial lines. In response to City Manager McCown's question, Mr. Waller said that station locations would not be decided upon in the next six to eight week period. He said that as of this date, no station locations have yet been •elected. Councilman Sovern stated that the City Council should confine their comments to the backing of the automated rapid transit Meetinq of May 19, 1975 13 concept. He also said that the City needs a clarification on the automated rapid transit and the park and ride concept. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AUTHORIZE THE MAYOR TO WRITE A LETTTER TO THE REGIONAL TRANSPORTATION DISTRICT SUPPORTING THE AUTOMATED RAPID TRANSIT MASTER PLAN. Upon the call of the roll, the vote resulted as follows: Aye•: Council Members Jones, Sovern, Mann, Blessinq, Brown, Taylor. Nays: Council Member Clayton. Ab•ent1 None The Mayor declared the motion carried. * * * * * COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE THE CONSIDERATION OF THE VACATION OF THE WEST LEG OP THE ALLEY IN BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, UNTIL JUNE 2nd. 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 BROWN SECONDED A MOTION TO CONSIDER ITEMS (D) AND (F) ON THE AGENDA AT THE SAME TIME. 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. Mr. Bruce Grattan, 7413 So. Albion Street, Littleton, was present to represent the Enqlewood Jaycees. In response to Councilman Mann's questions reqardinq 1973 financing, Mr. Grattan Meeting of May 19, 1975 14 stated that the $250 prof it which the Jaycees realized was put into the qeneral fund, and th••• monies are used to support Englewood community projects. COUNCILMAN MANN MOVBD AND COUNCILMAN BLESSING SECONDED A MOTION TO CONTRIBUTB $500 TO TBB JAYCEE FIREWORKS DISPLAY FOR 1975, AND FORGIVE THB OUTSTANDING DEBT. Upon the call of the roll, the vote resulted a• follow•: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absents None The Mayor declared the motion carried. Councilman Clayton requested aqain that the Jaycees request City Council financial support at the annual City budqet time. Mr. Grattan stated that steps have been taken to insure that this request i• •ubmitted in Auquat. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CONTRIBUTE $2,000 TO THE ARAPAHOE MENTAL HEALTH CENTER. Councilman Mann asked if it would be appropriate to include a provision to include the emergency personnel program. City Manager Mccown stated that this would be proposed for the budqet of 1976. 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. * * * * * RESOLUTION NO. 24, SERIES OF 1975 A RESOLUTION APPROPRIATING MONIES IN THE GENERAL AND REVENUE SHARING FUNDS. (Copied in full in the Official Resolution Book.) Meeting of May 19, 1975 15 COUNCILMAR BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 24, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayess Council Members Jones, Sovern, Mann, Blessinq, Brown, Clayton, Taylor. Nays: None Absents None The Mayor declared the motion carried. * * * * * A recommendation from the Board of Adjustment and Appeals was received concerninq requested encroachment on City property at 2245 South Raritan and 1922 West Warren Avenue. Director of Community Development Supinqer explained the purpose of the encroachment• requested. The encroachment on 1922 West Warren involve• a fence, and the encroachment at 2245 South Raritan involve• two structures on the public riqht of way. He suqqested that the recommendation• be acted upon separately. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO GRANT THE ENCROACHMENT AT 2245 SOUTH RARITAN AS RECOMMENDED BY THE BOARD OF ADJUSTMENT AND APPEALS. Mayor Taylor •tated that the encroachment was required because of a survey error on the part of the County. 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 MANN MOVED AND COUNCILMA N BLESSING SECONDED I A MOTION TO GRANT ENCROACHMENT FOR 1922 WEST WARREN AS RECOMMENDED BY THE BOARD OF ADJUSTMENT AND APPEALS. Councilman Jones asked if the property use chanqes in the future, will we redeem the riqht of way. City Attorney Berardini stated that the City re•erves the riqht to rescind all encroachments. Upon the call of the roll, the vote resulted as follows: Meeting of Hay 19, 1975 -16 - Ayes: Council Members Jones, Sovern, Hann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. A recommendation from the Board of Adjustment and Appeals for an encroachment on City property at 4651 South Bannock Street was received. Director of Community Development Supinger stated that this request is much like the encroachment granted approximately a month ago where a retaining wall is being built on City property. COUNCILMAN SOVERN MOVED AND COUNCILMAN HANN SECONDED A MOTION TO GRANT AN ENCROACHMENT AT 4651 SOUTH BANNOCK STREET AS RECOMMENDED BY THE BOARD OF ADJUSTMENT AND APPEALS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Hann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Assistant City Manager Nollenberger presented a memorandum from the City Purchasing Agent relating to the for information on chairs for the City Council Chambers. stated that the cost starts at about $13 and goes on up. that the original $64 per chair cost originally given was on the quality of the chairs currently in the Chambers. request He He said based COUNCILMEN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TABLE CONSIDERATION OF THE PURCHASE OF CHAIRS FOR THE CITY COUNCIL CHAMBERS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Member Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Heeting of Hay 19, 1975 -17 - INTRODUCED AS A BILL BY COUNCILHAN BLESSING. BY AUTHORITY ORDINANCE NO. 26, SERIES OF 1975 AN ORDINANCE REPEALING AND REENACTING, WITH AMENDMENTS, SECTION 3, I CHAPTER l, TITLE V OF THE 1969 E.M.C., EQUAL EMPLOYMENT OPPORTUNITY AND FAIR EHPLOYHENT PRACTICES: PROHIBITING DISCRIMINATION IN EHPLOYHENT: AND ADOPTING AN AFFIRMATIVE ACTION PROGRAM FOR THE CITY OF ENGLEWOOD. (Copied in full in the Official Ordinance Book.) COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A HOTION TO APPROVE ORDINANCE NO. 26, SERIES OF 1975. City Manager Mccown introduced Richard Lorig, Personnel Director of the City of Englewood, Lloyd Hiller representing the Housing and Urban Development Department, Al Salazar representing the Denver Regional Council of Governments, and Margaret Freeman of the Englewood Employees Association. Councilman Mann stated that, while the City of Englewood does not have a formal program by ordinance, it does practice, in effect, an affirmative action program, and he questions why the City must formally pass an affirmative action ordinance. Al Salazar of the Denver Regional Council of Governments answered that the ordinance is a positive step toward affirmative action. He stated that Federal funds for the City may be dependent upon enactment of this ordinance. City Hanager HcCown stated that this ordinance will take the affirmative action statement and develop a program, explaining how the City will comply with ·ch'e affirmative action statement. Lloyd Hiller of the Department of Housing and Urban Development was introduced. He further elaborated on the need for an ordinance for the affirmative action program. Councilman Mann said that he fears discrimination in a different sense in that quotas as stated in the ordinance will be enforced. He said that the 13* quota stated in the ordinance is far above the Englewood population of minorities which is approximately 7 to B*· Mr. Miller stated that the quota is really a misnomer. The figures are only goals, and HUD is not permitted to use the reference to quotas. The intent of the statement is that the Federal government wants to have cities make good faith efforts in the affirmative action areas. Councilman Sovern pointed out that a recent court case says that majorities cannot be discriminated against. He said that the concept is that fair hiring practices be used by govern- mental units. Neeting of Nay 19, 1975 -18 - City Nanager NcCown asked if cities with better progress than other cities would be favored in Federal funding. Hr. Hiller stated that the current policy would not permit this. Councilman Br,own expressed his fears after reading the book "The Balancing Act", by Dr. Roche. He reiterated his previous comments relating to the hiring practices which currently exist in some colleges. Councilman Sovern reiterated that the City could lose Federal funding if the City does not pass an ordinance for an affirmative action program. Cities are not in a position of strength regarding this subject. He said it is, in fact, Federal blackmail. On the other hand, he said cities do the same thing in order to get what they want. Nargaret Freeman, President of the Englewood Employees Association, was introduced. She stated that the Englewood employees are in favor of the affirmative action program, and expressed her backing for passage of the ordinance. She said that the City could do more toward creating career planning for female employees in the City's employ. Councilman Blessing thanked those who waited so long to express their views. Councilman Hann also thanked those involved. Upon the call of the roll, the vote resulted as follows: Ayes: Council #embers Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The declared the motion carried. INTORDUCED AS A BILL BY COUNCILNAN SOVERN. BY AUTHORITY ORDINANCE NO. 27, SERIES OF 1975 AN ORDINANCE APPROVING AN AGREENBNT BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO, ACTING BY AND THROUGH ITS BOARD OF WATER CONMIS- SIONERS, AND THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the Official Ordinance Book.) Meeting of Hay 19, 1975 -19 - COUNCILMAN SOVERN MOVED AND COUNCILMAN HANN SECONDED A MOTION TO APPROVE ORDINANCE NO. 27, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Hann, Blessing, Borwn, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. A Bill for an ordinance was introduced which would approve an intergovernmental agreement with the City of Littleton for the construction of a fire training facility. City Attorney Berardini explained in brief the back- ground for the Bill and the Agreement between Englewood and Littleton. City Manager Mccown stated that they hoped that the facility would be completed sometime this year, and that Englewood's share of the cost would be reduced by $20,000. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, THE CITY OF LITTLETON, COLORADO, A MUNICIPAL CORPORATION, AND THE LITTLETON FIRE PROTECTION DISTRICT TO ESTABLISH AND CONSTRUCT A JOINT FIRE TRAINING FACILITY. COUNCILMAN SOVERN NOVED AND COUNCILMAN HANN SECONDED A NOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO AN AGREEMENT BETWEEN ENGLEWOOD AND LITTLETON FOR A FIRE TRAINING FACILITY. Councilman Sovern said that he questioned the City Manager being appointed to this committee because t h is is a policy decision on which a councilman should take part in. City Manager NcCown said that past precedent that we have had City Nanagers get together on projects in particular the Bi-City Waste Water Treatment Plant. that this is, in fact, an administrative committee, and decisions would be brought back to the Councils. showed like this, He said any policy Councilman Clayton reiterated Councilman Sovern's concern and stated that we are creating a committee to spend public money, without public representation. Meeting of Nay 19, 1975 -20 - Nayor Taylor que•tioned the financing of the project. City Manager NcCown outlined the financing, stating that $40,000 was being contributed in the form of land by the City of Littleton, $40,000 was being contributed by the Littleton Fire Protection District, to be used for building costs, and $80,000 was being contributed by Englewood toward the building costs. A discussion ensued regarding the ownership of the land involved. Councilman Jones stated that the City should have a real interest in the property involved, seeing as it is within the City limits of Englewood. City Manager NcCown said that the City of Englewood could pay Littleton $20,000 for a half interest in the land and then Englewood would pay $60,000 toward the building costs, and Littleton would then pay for $20,000 for building costs. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Hann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Nayor declared the motion carried. * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A NOTION TO INSTRUCT THE CITY MANAGER OR HIS DESIGNEE TO FURTHER NEGOTIATE WITH THE OTHER ENTITIES IN THE BUILDING OF THE ENGLEWOOD-LITTLETON FIRE TRAINING FACILITY REGARDING THE OWNERSHIP OF REAL PROPERTY. resulted as follows: Upon the call of the roll, the vote Ayes: Council Members Jones, Sovern, Hann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Nayor declared the motion carried. * * * * * RESOLUTION NO. 25, SERIES OF 1975 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF CERTAIN LANDS ALONG THE SOUTH PLATTE RIVER WITHIN THE CITY OF SHERIDAN, COLORADO, TO PROVIDE A MULTIPLE USE RECREATION FACILITY. (Copies in full in the Official Resolution Book.) Meeting of May 19, 1975 -21 - COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 25, SERIES OF 1975. Mayor Taylor stated that he had talked with Mayoz Corbin of Sheridan, and he indicated that their Council had passed I the same Resolution by • very close vote, 4-~ Mayor Corbin stated that there are a few people who are against the golf course facility along the Platte River. 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 HcCown presented the statement in relation to the fallback position for the proposed safety concept for the police and fire departments. He stated that in his conversations with the presidents of the firefighters association and the police association, they were in favor of the statement. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO MAKE THE STATEMENT ON BEHALF OF THE PUBLIC SAFETY CONCEPT FROM CITY MANAGER MCCOWN A HATTER OF PUBLIC RECORD. 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. 26, SERIES OF 1975 A RESOLUTION APPROVING THE 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 M7354 (1) WEST DARTMOUTH AVENUE, SANTA FE TO HURON, CITY OF ENGLEWOOD. (Copied in full in the official Resolution Book.) Meeting of Hay 19, 1976 -22 - COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 26, 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. City Manager Mccown presented a memorandum from the Director of Public Narks, Kells Waggoner, relating to the request from Swedish Medical Center for removal of parking along East Girard Avenue to make way for a glide pad for helicopter landing. This is a requirement which the FAA has imposed upon the Swedish facility. In order to comply, parking restrictions will be posted on Girard from Pearl to Clarkson, as requested. Councilman Clayton expressed his concern that here is another situation where Swedish Hospital has not adequately com- municated with the City regarding their plans. He also said that as of yet, Swedish Hospital has not presented a master plan for their facility to the City Council. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO REQUEST THE SNBDISH MEDICAL CENTER TO FURNISH THE CITY COUNCIL FUTURE PLANS OF THAT INSTITUTION IMMEDIATELY, DUE TO THE FACT THAT THEY ARB MAKING REQUESTS OF THE CITY THAT SERIOUSLY AFFECT FUTURE PLANNING OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Borwn, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Councilman Blessing stated that a traffic light is needed at the intersection of Clarkson and Belleview. City Manager Mccown stated that in a meeting with Cherry Hills, Greenwood Village, and the State, Englewood is the only entity which is in favor of a light at that location. Meeting of Hay 19, 1975 -23 - Councilman Sovern said that in his opinion the City should go on record as being willing to pay their portion of a light at that location. COUNCILMAN SOVERNHOVEDAND COUNCILMAN SECONDED A NOTION THAT THE CITY OF ENGLEWOOD IS WILLING TO PAY THEIR PORTION OF COSTS FOR A TRAFFIC LIGHT AT THE CLARKSON-BELLEVIEW INTERSECTION. 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 Hayor declared the motion carried. COUNCILMAN SOVERN HOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Man~ Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Hayor declared the motion carried and the meeting was adjourned at 12:30 A.H.