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HomeMy WebLinkAbout1975-09-02 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 2, 1975 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular se-sion on September 2, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Rev. Kurt P. Nemitz, General Church of the New Jerusalem. The pledge of alleg1ance was led by Boy Scout Troop 154, which is sponsored by the Englewood Volunteer Fire Department. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Mann, Blessing, Brown, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Acting Director of Conmunity Development Romans Director of Finance James Deputy City Clerk Johannisson * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE THE MINUTES OF THE MEETING OF AUGUST 18, 1975. Upon a 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. * * * • * Mr. M. M. Sunmers, 3140 So. Delaware, appeared before Council. He strongly suggested that Council do something to regulate the sale of 3.2 beer and reconmended that Council pass an ordinance that would close 3.2 beer outlets at 9:00 P.M. during the week and close th1111 all day Sunday. He also asked that Council watch a show featuring Mrs. Betty Ford talking on the subject of social standards. -2 - Mr. Robert Engelhardt, 6653 So. Grant. Littleton. appeared before Council. He presented his request to receive approval from Council to re-issue the license at the Englewood Liquor. Inc •• at 3434 So. Broadway. COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO GRANT A TRANSFER OF OWNERSHIP OF ENGLEWOOD LIQUOR, INC. TO ROBERT ENGELHARDT, PRESIDENT OF ENGLEWOOD LIQUOR, LTD., LOCATED AT 3434 SOUTH BROADWAY, AND RE-ISSUE A LICENSE TO ENGLEWOOD LIQUOR, LTD. In response to Councilman Clayton's questions regarding the corpor- ation and the operation. Mr. Engelhardt stated that the store would be family- owned and family-operated, and that this is his first business venture. He stated that he would like to establish a delivery service, a service which he is not sure is presently available in Englewood. He said he believes he can control this type of service and that he will not begin this service for at least six months. during which time he will evaluate the value of initiating this type of service. Councilman Clayton asked City Attorney Berardini whether City Council needs to approve the initiation of a delivery service. City Attorney Berardini said that a retail liquor store can deliver as part of their business. It is inherent in the license. If violations ·occur regarding the liquor license. City Council can revoke a license after appropriate hearings. Upon the call of the roll. the vote resulted as follows: Ayes: Council Members Jones. Mann. Blessing, Clayton. Taylor. Nays: Council Member Brown. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * Mr. Grady Franklin Maples. Co-Chairman of Englewood Centennial- Bicentennial Committee was present. He thanked City Council for putting a light at the intersection of Clarkson and Belleview. He introduced other members of the Englewood Centennial Committee - Andy Mccown. Ken Mausolf, Co-Chainnan. Sid Overton, Ruth Tromley, Dorothy I Romans. He asked that the Centennial-Bicentennial Conmittee have an oppor- tunity to meet in a joint session with the City Council before September 10, 1975, in order to receive much-needed input from the City Council. The Council decided to meet September 8th, at 5:00 P.M. in City Hall. * * * * * Mrs. Oldenburg. 3776 So. Lincoln. appeared before Council. She referred to the minutes of the Council meeting of August 4, 1975 in relation to the R-2-A. R-2-B discussion and ordinance. She stated that she was under -3 - the impression that the item had been tabled. Mayor Taylor stated that in his recollection of that meeting a request for a table died for lack of a second. Deputy Clerk Johannisson said that he would check the proceedings of that meeting to detennine what actually occurred. Mrs. Oldenburg said that the citizens in that area t are not happy with the fact that they are being included in an all-inclusive R-2 zoning because it pennits greater latitude in what can be built in that area. She said the citizens are happy with their current situation where they can have one- family housing and duplexes. City Manager Mccown explained that with passage of that ordinance, the areas affected by that ordinance are essentially "no-zoned" areas now. These areas will now have to be re-zoned and the Planning and Zoning Comnission will be holding public hearings in order to assign zoning classifications to the old R-2-A and R-2-8, R-3-A and R-3-8 zoned areas. Mrs. Oldenburg stated that in a meeting with Mrs. Romans she was told that the subject of re-zoning had not been presented to the Planning and Zoning Comnission yet. She asked what the citizens in that area can do to insure that the zoning of these areas will exclude apartments. City Manager Mccown said that she should work with Mrs. Romans on preparing a case to be presented to the Planning and Zoning Comnission. Mrs. Oldenburg stated that she believes that the old R-2-A zoning classification should be reinstated so that duplex owners in these areas would not be penalized if these areas might be re-zoned to R-1-C classi- fication. Mayor Taylor stated that he lives in this area and has a great deal of concern for this problem also. He assured Mrs. Oldenburg that every- thing will be done to hear out citizens affected in these areas. * * * * * Harry Mu11111, 3265 So. Fox, stated that he is really concerned about the situation existing in Cinderella City in regards to a pinball machine operation called Funway Freeway located in the Cinder Alley area. He stated that there is a great deal of noise coming from that area under the parking lot and in the general neighborhood very late at night. He said the police have made several efforts to end the noisemaking but without any success. He recomnended that the City Council do something to outlaw pinball machine operations in the City. Councilman Jones asked if it might be possible to impose a closing hour on these operations earlier than that they now have. He asked that the City Attorney look into the feasibility of doing this. Mayor Taylor spoke of the pinball operation in the building next to his in the 4100 block of So. Broadway. He stated that he has experienced a great deal of vandalism from the individuals patronizing that establishment. He stated that the police are trying to enforce the laws. -4 - Rev. Nemitz, 3118 So. Yoder, asked if the lack of toilets for the opera- tion may be in violation of current health ordinances. He asked if there is a public nuisance ordinance which may be enforced. City Attorney Berardini stated that complaints can be filed by an individual or the City in regard to nuisance and noise. He stated that business must comply with any sanitation ordinances. In response to Councilman Clayton's question, the City Attorney indicated that the Council can prescribe hours for this type of operation. Councilman Jones asked that an ordinance be prepared by the next meeting relating to the operation of recreational facilities. Mayor Taylor stated that the City Council be careful that they don't limit legitimate activities such as school activities, proms, football games, and the like. * * * * * Councilman Brown recognized the fine work that M. M. Sumners and his wife, Hazel, have done for the City in the past 25 years. They have been regular participants in the City Council proceedings and have supported . many of the projects of the City Council. He asked that the City Council draw up a resolution recognizing the work done by M. M. Sunmers. Councilman Clayton asked that the resolution also include a procla- mation declaring an M. M. Sunmers Day. * * * * * The following conmunications were entered into the record, with no action reconrnended: Minutes of the Parks and Recreation Conmittee meeting of August 14, 1975. Minutes of the Water and Sewer Board meeting of August 19, 1975. Minutes of the Planning and Zoning Conmission meeting of August 5, 1975. Minutes of the Housing Authority meetings of July 10, July 17, and July 31, 1975. Financial Statement for the Fireman's Pension Fund as of June 30, 1975. Financial Statement for the Employees' Retirement Fund as of June 30, 1975. Memorandum from the Director of Finance and Director of Libraries concerning computerization of the Library Card Catalog. -5 - Director of Finance James conmented on the Financial statements of the Pension Funds. Director of Finance James safd that the actuarial report for the Firemen's Pension Fund f s forthcoming. He safd that as the Fund stands now, ft fs not actuarially sound. In response to Councilman Clayton's question, he said that the City cannot contribute more than one mill toward the fund. This has been changed to a percentage of salary instead of tying a mfll figure to fts contrfbutf on. Director of Finance James stated that the Employee's Retire- ment Fund fs fairly close to being actuarially sound. Additional information relating to the Employees' Retirement Fund will be submitted upon its receipt by the Finance Office. * * * .... * City Manager Mccown conmented on the memorandum from the Director of Finance and the Director of Libraries concerning the computerization of Library Card Catalog. He safd that the funds being appropriated for the project are already in the budget and that he just wanted to bring this to the Council's attention as a point of information. * * * * * A reconmendatf on from the Planning and Zoning Comnission concerning the definitions of a party wall in the multi-family standard section of the zoning code was presented. It was done at the request of Councilman Sovern because the initial Comprehensive Zoning Ordinance passed several Council meetings ago did not include thf s definition. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE, DEFINITION SECTION, TO INCLUDE A DEFINITION OF A PARTY WALL. HE REQUESTED THAT IT BE READY FOR COUNCIL ACTION ON SEPTEMBER 15. Councilman Mann asked ff the def1n1tion of a party wall was 1n fact a ff re wall. Acting Director of Comnunf ty Development Romans answered f n the affirmative. She said that it is both a structural wall and a fire wall. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Brown, Clayton, Taylor, Mann, Blessing. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * -6 - City Manager Mccown presented a reconmendation from the Career Service Board concerning the impasse resolution between the Police Benefit Associa- tion and the City of EnglewoOd. He said the Career Service Board has ruled in favor of the City's offer to the Police Benefit Association. If either of the City Council or the Police Benefit Association disagree with the content of the offer they have thirty days in which to file. City Manager Mccown reconmended that the City Council accept the rec011111endation of the Career Service Board. COUNCILMAN CLAYTON MOVED ANO COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE REC<lt'IENDATION OF THE CAREER SERVICE BOARD RELATING TO THE IMPASSE WITH THE ENGLEWOOD POLICE BENEFIT ASSOCIATION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Brown, Clayton, Taylor, Mann, Blessing. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * City Manager Mccown presented a memorandlll'I from the Career Service Board expressing concern for the Police Pension System and recon111end1ng that a special c011111ittee be formed to study the problems of the Police Pension Fund. City Manager Mccown indicated he would like to see a similar co111111ttee formed for the Firemen's Pension Fund. Councilman Clayton expressed his opinion that this item needs innediate action because it has implications for the upcoming budget hearings. He said the Council can't wait for this to be considered at the next study session or Council meeting. COUNCILMAN CLAYTON ~VED AND COUNCILMAN JONES SECONDED A MOTION TO HAVE CITY COUNCIL ACCEPT THE RECOfttENDATION OF THE CAREER SERVICE BOARD AND THAT THE PROPOSED COft4ITTEES TO STUDY THE FIRE AND POLICE PENSION FUNDS BE ACTIVATED IMMEDIATELY. COUNCIL RECOfttENOS THAT THEY START ANO ACCOMPLISH THEIR WORK AS SOON AS POSSIBLE. Councilman Mann said that he is against this motion because he does not want to see a quick decision made on a topic that is as important as this one. This subject requires a great deal more study than can be accomplished in a short period of time. In answer to Councilman Blessing's questions relating to pension bene- fits, City Manager Mccown said that the benefits have already been passed upon by the Council in previous sessions. -7 - Councilman Clayton outlined the various sources of contributions to the funds being: 1. Individuals; 2. The City; 3. The State; and said that current laws control the amounts that can be contributed from the various sources. He said that City Council has an obligation to look into these funds and to insure that they are properly funded. Councilman Mann stated the comnittees which are formed can act as an effective lobby to the State and can hopefully influence future legisla- tion. The work of these comnittees will take at least 14 days. Mayor Taylor concurred with Councilman Mann but questioned the feasibility of having one connittee for both Fire and Police pension fund study. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones. Clayton. Nays: Council Members Mann, Blessing, Brown, Taylor. Absent: Council Member Sovern. The Mayor declared the motion defeated. Council decided to study this topic on September 8, 1975, after the meeting with the Centennial-Bicentennial comnittee. Councilman Jones said that the item is an urgent one and should be acted on before the budget sessions. * * * * * Mayor Taylor called a recess 16t 9:30. Council reconvened at 9:45. Upon the call of the roll, the following were present: Council Members Jones, Mann, Blessing, Brown, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared a quorum present. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 35, SERIES OF 1975 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF LAND TO THE CITY OF GREENWOOD VILLAGE, COLORADO, FOR STREET AND ROAD PURPOSES FOR THE USE AND BENEFIT OF THE PUBLIC. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS ORDINANCE NO. 35, SERIES OF 1975. Councilman Mann stated that he had changed his mind on the subject -8 - after reading a memorandum from Director of Ut111'ties Carroll. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Brown, Taylor, Blessing, Mann. Nays: Council Member Jones. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * City Attorney presented an ordinance relating to moving and wrecking. He indicated that there were changes rec0111Y1ended which were the result of the public hearing. The first reconmended change affects Paragraph 3-8-2(c). It would change the death or injury to one person to $100,000.00 and include a one million dollar umbrella policy for the movement of building over three stories. The second change affects Paragraph 3-8-4(c) and would insert wording which would require the Code Enforcement Division to coordinate the moving of a building with other jurisdictions. Acting Director of Conmunity Development Romans agreed that these reconnendations are feasible and reasonable. Councilman Mann stated that he would like to have the entire ordinance given back to the City Attorney and be redrafted. City Attorney Berardini said that the Council can pass tonight a bill for an ordinance which would include the changes and this would be published on September 11, 1975. Mrs. Romans stated that there were other reconmendations made by Mr. Ryberg which are not being favorably considered. The most important relates to the need for a $5,000.00 performance bond for each move of the building. Mr. Ryberg felt that a license bond is sufficient, and if not that, that a refundable money deposit would be another option available. Councilman Clayton and Mayor Taylor went on to explain further the business of bonding. INTRODUCED AS A BILL BY COUNCILMAN MANN, A BILL FOR AN ORDINANCE REPEALING ARTICLE 12, CHAPTER 8, TITLE III OF THE ENGLEWOOD rtJNICIPAL CODE ENTITLED "MOVING ANO WRECKING" AND REENACTING THE SAME WITH AMENDMENTS. COUNCILMAN MANN MOVED, COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REPEALING ARTICLE 12, CHAPTER 8, TITLE III. -9 - Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Clayton, Taylor, Mann, Brown, Blessing. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * City Attorney Berardini reported on the status of an agreement with the citizens concerning the island at Elati and Floyd. He said that there is no agreement with the citizens. The agreement that exists is between New ~ Englewood Ltd. and the City. In the opinion of Assistant City Attorney George Lee, the agreement is not enforceable, an opinion which was presented to the Planning and Zoning Comnission. * * * * * City Attorney Berardini explained that acting Municipal Court Judge Parkinson has ruled that the Council must provide Council for indigents. Mr. Berardini reconnended that the Council invite Judges Parkinson and Swearingen to a special meeting to discuss this topic and to determine its budget ramifications. He further stated that the current practice of utilizing legal aid society and D. U. law students had been discontinued because the system is overloaded. Councilman Blessing stated that he thought the services were avail- able through the county on a free basis utilizing young lawyers. Councilman Mann stated that he could not understand why this was necessary for Municipal Courts where maximum sentences are $300.00 plus 90 days. City Manager Mccown stated that this problem is not of sufficient magnitude that the City couldn't take over the funding of this. He said that he would get together with the judges and have them attend a budget session. * * * * * City Attorney Berardini said that the City's bond counsel, Wilson and La11111, have indicated that the City should submit to a special election the consideration of issuance of general obligation bonds. City Charter requires that a special election be held for consideration of general obligation bonds. A resolution passed at the previous Council meeting is negated by the Charter. The earliest possible date for an election is December 23, which is within the forty-five day limit after a general election. City Manager MCCown said that a special election would cost between $5000.00 and $7000.00. -10 - COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ESTABLISH A SPECIAL ELECTION FOR CONSIDERATION OF ISSUANCE OF GENERAL OBLIGATION BONDS FOR DECEMBER 23, 1975. Councilman Mann said that this project relating to elderly housing cannot be delayed. Upon a 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. * * * * * City Attorney Berardini presented the resignation of George Lee, Assistant City Attorney. He said that Mr. Lee has been appointed a District Judge. Mayor Taylor stated that the City Council will write a letter of appreciation to George Lee. * * * * * RESOLUTION NO. 41, SERIES OF 1975 A RESOLUTION REDUCING BUDGETARY APPROPRIATIONS IN THE GENERAL FUND. City Manager Mccown explained that the monies appropriated from the Grant would be used toward the · purchase of cassettes and play back equipment for the physically handicapped and the elderly. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED.A MOTION TO PASS RESOLUTION NO. 41, SERIES OF 1975. Upon a 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. * * * * * In response to Mayor Taylor's questions about elections, City Manager Mccown said that petitions can be taken out any time and that signatures may be solicited beginning September 20, 1975. -11 - Councilman Mann reported on the work of the Audit Selection Con111ittee. He said the C011111ittee had evaluated the proposals presented by several firms. He said that after a number of meetings, the Selection Con111ittee had unanimously decided to select Shepherd and Company to perform the 1975 annual audit. He said the next step is to negotiate a contract agreeable to both the Council and the firm. If a contract cannot be agreed upon with Shepherd and Company, then would then go to another firm. COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO ACCEPT THE RECOfitMENDATION OF THE AUDIT SELECTION COfit1ITTEE THAT SHEPHERD AND COMPANY BE SELECTED TO PERFORM THE 1975 ANNUAL AUDIT OF THE CITY OF ENGLEWOOD. Upon a 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. * * * * * COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ADJOURN. Upon a 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 meeting was adjourned at 10:30 P.M.