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HomeMy WebLinkAbout1975-12-01 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 1, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 1, 1975 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Hurley Hills of the Church of the Nazarene, 4775 South Pearl. The Pledge of Allegiance was led by Cub Scout Pack 153. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, and Mayor Taylor. Absent: Council Member Clayton. The Mayor declared a quorum present. Also present were: City Manager Mccown City Attorney Berardini Director of Finance James Acting Director of Community Development Romans Deputy City Clerk Johannisson • • • • • • Councilman Sovern asked that the following changes be made in the minutes of the meeting of November 17, 1975: Page 22, Paragraph just following the Bill introduced by Councilman Sovern starting "Councilman Sovern stated that the phrase 'acting by and through its Board of Water Com- missioners'" should read "City Manager Mccown stated ••• "; and, Page 26, Paragraph starting "Councilman Sovern asked if the City Attorney's office could be used to process fire code violations" should read "Councilman Sdvern asked if the City Attorney's office could assist in developing procedures for the general code violations summons for the enforcement of the fire code." The last sentence of this paragraph should be left as is -"Council saw no reasons why this could not be done." December 1, 1975 Page 2 COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF NOVEMBER 17, 1975 AS CORRECTED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. Mayor Taylor stated that Sid Overton will handle the legal work for the Englewood Centennial-Bicentennial Committee instead of City Attorney Berardini. Council had given approval for Mr. Berardini to do this at the last meeting. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL MEETING OF NOVEMBER 20, 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • Jesse Hanunons from the Salvation Army Youth Program, 4300 South Lincoln, was present to request funds for his youth program which he runs at the Salvation Army facility. He stated that he works primarily with elementary and junior high children and the purpose is to give them something to do after school. He provides primarily recreation in the form of games including ping pong, foos ball, and other games of this type. He stated that this is the first official approach that he has made to the City for funds. In answer to Councilman Blessing's question, Mr. Hammons stated that he would appreciate a $500 donation from the City. He would use this to purchase other games and to further expand his program. December 1, 1975 Page 3 In answer to Councilman Brown's question, Mr. Hammons stated that he works with elementary children between the hours of 3:30 p.m. to 6:30 or 7:00 p.m. and the older children between 3:30 p.m. and 8:00 p.m. Mayor Taylor stated that Mr. Hannnons should write a letter to the City Council requesting the funds and further explaining the Salvation Army Youth Program which he runs. Mayor Taylor stated that the City Council has funds to donate to worthwhile programs, but before making a donation of this type they want additional information. Yvonne Naudack, 3997 South Lincoln, spoke in favor of the Salvation Army Youth Program stating that her child participates in the program on a regular basis and finds it to be very worthwhile. Mayor Taylor asked that she write a letter to the City Council stating this point. • • • • • • "Communications -No Action Recommended" on the agenda were accepted: a. Minutes of the Tax Committee meeting of November 6, 1975. b. Minutes of the Parks and Recreation Board meeting of November 13, 1975. c. Minutes of the Police Pension Board meeting of November 20, 1975. d. Minutes of the Fire Pension Board meeting of November 20, 1975. e. Minutes of the Employees Retirement Board meeting of November 20, 1975· f. Financial Report for the month of October 1975. g. Memorandum from the Director of Utilities to the City Manager concerning legislation for establishment of a Regional Energy Authority for recovery of energy and materials from solid waste. Councilman Sovern had comments on the minutes of the Tax Committee meeting of November 6, 1975. He suggested that the City Council become very familiar with the information pre- pared by the Tax Committee, as he felt it would be a good idea to have a brief discussion on this subject at the Council meet- ing of December 16, 1975. December 1, 1975 Page 4 Councilman Sovern also had comments on the memorandum from the Director of Utilities to the City Manager concerning legislation for the establishment of a Regional Energy Authority for recovery of energy and materials from solid waste. He stated that Director of Utilities Carroll's synopsis of the resource recovery report was very good. He stated that this item is on I the agenda for the Denver Regional Council of Governments meet- ing of December 3rd. He explained a staff /Council problem which exists in the handling of this subject. He stated that the DRCOG staff went to the Governor to have this put on the Governor's call for 1976 before bringing the subject to the Council of DRCOG. He said that, therefore, a conflict exists between the staff and the DRCOG Council. • • • • • • City Manager Mccown explained a recommendation from the Water and Sewer Board recommending that the City Council approve an agreement for a private water main that has been installed in West Amherst between South Tejon and South Vallejo. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A PRIVATE WATER MAIN AGREEMENT AS RECOMMENDED BY THE WATER AND SEWER BOARD AT THEIR MEETING OF NOVEMBER 12, 1975 AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • * * * * City Manager Mccown explained the library reciprocal lending program that exists in the surrounding area. He further explained the multi-lateral agreement for reciprocal borrowing which the Library Board has recorrunended that the City Council approve. He stated that each library would receive forty-five cents for each item loaned and would pay forty-five cents for I each item borrowed. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONSIDER ITEM 5-g OUT OF AGENDA SEQUENCE, A BILL RELAT- ING TO THE LIBRARY BOARD AGREEMENT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. December 1, 1975 Page 5 Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN SOVERN, A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND SIXTEEN LIBRARY JURISDICTIONS AS SHOWN HEREIN FOR THE RECIPROCAL USE OF CIRCULATION SERVICES BY PUBLIC LIBRARIES PARTICIPATING IN THE CENTRAL COLORADO LIBRARY SYSTEM AND DECLARING AN EMERGENCY. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING AN AGREE- MENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL COR- PORATION, AND SIXTEEN LIBRARY JURISDICTIONS AS SHOWN HEREIN FOR THE RECIPROCAL USE OF CIRCULATION SERVICES BY PUBLIC LIBRARIES PARTICIPATING IN THE CENTRAL COLORADO LIBRARY SYSTEM AND DECLAR- ING AN EMERGENCY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • COUNCILMAN JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CONSIDER ITEM 5-c OUT OF AGENDA SEQUENCE, A BILL REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A RESIDENCE DISTRICT TO R-1-C RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. December 1, 1975 Page 6 INTRODUCED AS A BILL BY COUNCILMAN JONES, A BILL FOR AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A I RESIDENCE DISTRICT TO R-1-C RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A RESIDENCE DISTRICT TO R-1-C RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Councilman Jones stated that in the last Planning and Zoning Commission meeting the Commission, at the behest of the City Council, has recommended that consideration be given to creating a new zoning that would be called R-2-C. He asked Mrs. Romans, Acting Director of Community Development, to explain the new zoning. Mrs. Romans said that the R-2-C pro- posed zoning is a compromise that would permit one-family use on fifty foot lots and two-family use on fifty foot lots and would not permit three-family units or four-family units. She said that a public hearing on the rezoning has been set for January 6, 1976. She stated that she has not had an opportun- ity to discuss this with the affected neighborhoods as of yet. In answer to Councilman Sovern's question, Mrs. Romans stated that the basic difference between the old R-2-A and the proposed R-2-C is that the frontage permitted in R-2-C for a two-family unit is fifty feet as opposed to the previous seventy five feet. Virgil Thomas, 3810 South Lincoln, explained the back- ground relating to the zoning changes from R-2-A to R-2 and subsequently the recommendation to R-1-C. He stated that he is in favor of the R-1-C zoning for two reasons: 1) people in the area are very much in favor of it; 2) the City should take advantage of every opportunity to control population density. He said that after reading the proposed R-2-C zoning he hopes that Council will favorably consider it because it is essen- tially the same as the old R-2-A. In answer to Councilman Jones question, City Attorney Berardini stated that the Council could table consideration of the Bill for an Ordinance relating to the R-1-C zoning. However, if Council desires to follow through on this Bill they must com- plete action tonight. I December 1, 1975 Page 7 Louis Cangilla, 5000 South Delaware, questioned the legal aspects of posting for rezoning purposes. He asked why the ground that was affected by the zoning change was not posted. City Attorney Berardini stated that it is not necessary to post the ground when a zoning is repealed. Mr. Cangilla stated that in the opinion of his attorney, in order to affect zoning changes the City must post the properties affected. He further stated that the property he is concerned with was given no choice, as was the property of the persons in attendance at the meeting tonight. They had a choice of R-1-C or R-2. His only choice is to accept R-2. Therle Oldenburg, 3776 South Lincoln, stated that the proposed R-2-C sounds like what the residents of the area want. She asked if the new R-2-C would permit an individual to turn a basement into an apartment at any time in the future. Mayor Taylor stated this was permitted. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE CONSIDERATION OF A BILL FOR AN ORDINANCE REZONING A PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A TO R-1-C, UNTIL THE FIRST MEETING IN JANUARY OR UNTIL THE PLANNING AND ZONING COMMISSION HAS MET TO CONSIDER THE R-2-C ZONING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE CONSIDERATION OF RENEWING THE LIQUOR LICENSE FOR ENGLEWOOD BUILDERS FINANCE CORPORATION OBA PANCHOS LOCATED AT 4595 SOUTH SANTA FE DRIVE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • December 1, 1975 Page 8 Council returned to Item 4-c on the agenda, a memoran- dum from the Planning and Zoning Commission concerning findings of fact on the R-1-C, R-2, and R-3 zoning cases. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION ON R-1-C, R-2, R-3 ZONING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a resolution from the Englewood Chamber of Commerce supporting the continuance of a one cent Englewood City Sales Tax. The resolution stated that they back the one cent sales tax provided that the proceeds are used for Englewood's capital improvement fund only, that no new tax programs be adopted, and that there be no increase in the presently existing taxes. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION THAT THE CHAMBER OF COMMERCE RESOLUTION BE RECEIVED AND THAT THE MAYOR BE DIRECTED TO ACKNOWLEDGE RECEIPT OF THE RESOLU- TION BY LETTER INDICATING THAT THIS WILL BE TAKEN UNDER CONSIDER- ATION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • * INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 45 SERIES OF 1975 AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF ENGLEWOOD, COLORADO, AUTHORIZING THE December 1, 1975 Page 9 CITY OF DENVER TO MAKE A SANITARY SEWER LINE CONNECTION AT SOUTH UNIVERSITY BOULEVARD AND EAST FLOYD AVENUE WITHIN THE CITY OF ENGLEWOOD AND AUTHORIZING AND IIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLEWOOD. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ORDINANCE NO. 45, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BROWN, BY AUTHORITY ORDINANCE NO. 46 SERIES OF 1975 AN ORDINANCE AMENDING SECTION 2 AND SECTION 44, CHAPTER 2, TITLE XII OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING FOR AND REQUIRING PERMITS AND FEES FOR SIDEWALK, CURB, GUTTER AND/OR DRIVEWAY CONSTRUCTION; REVISING EXCAVATION PERMIT FEES; PENALTY FOR FAILING TO OBTAIN EXCAVATION PERMIT; AND PROVIDING A CHARGE FOR SPECIAL STATEMENTS. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 46, SERIES OF 1975. In response to Councilman Mann's question, City Attorney Berardini stated that this will raise most of the rates previously in e ffect. A short discussion between Councilman Mann and City Attorne y Berardini took place relating to the Ordinance and fees. City Manager Mccown stated that changes in these fees has not taken place since about 1958. Councilman Sovern stated that even with the raise in these fees the City's costs are still not entirely covered. This is primarily in the area of inspections. He stated that, in his opinion, other funds should not subsidize this function. December 1, 1975 Page 10 Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Taylor. Nays: Council Member Mann. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING, A BILL FOR AN ORDINANCE AMENDING CHAPTERS 4, 8, AND 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE REPEALING SUBSECTIONS (b) AND (c) SECTION 12, CHAPTER 4, TITLE V, RELATING TO ANNUAL SICK, MATER- NITY, FUNERAL AND HOLIDAY LEAVES; INSURANCE AND RETIREMENT BENEFITS; AND DECLARING AN EMERGENCY. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING CHAPTERS 4, 8, AND 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE REPEALING SUBSECTIONS (b) AND (c), SECTION 12, CHAPTER 4, TITLE V, RELATING TO ANNUAL SICK, MATERNITY, FUNERAL AND HOLIDAY LEAVES; INSU~NCE AND RETIREMENT BENEFITS; AND DECLARING AN EMERGENCY. City Manager Mccown questioned Paragraph 5-4-13 relat- ing to maternity leave. He stated that there is no guarantee for rehire under this new Bill. He stated that previous practice was to have the individual placed on the top of the eligibility list when she was finished with her maternity leave. City Attorney Berardini stated that the old six-month provision is now gone and that the new Ordinance implies that the individual would return to her previous job. He further stated that it would be improper to make this guarantee. A discussion between City Manager Mccown, City Attorney Berardini, and Director of Finance James took place relating to the rehire provision. In answer to Councilman Severn's question, City Attorney Berardini stated that these provisions will go into effect on January 1, 1976; and that he could not provide a good answer as to why there was a delay in bringing them to Council. Upon a call of the roll, the vote resulted as follows: December 1, 1975 Page 11 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN, A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 8 AND 9 OF CHAPTER 1, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING NEW SECTIONS THERETO RELATING TO POLICE PENSIONS, SPECIAL FUNDS, RETIREMENT BENEFITS, DISABILITY, AND REFUNDING CONTRIBU- TIONS TO THE POLICE PENSION FUND; AND DECLARING AN EMERGENCY. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 8 AND 9 OF CHAPTER 1, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING NEW SECTIONS THERETO RELATING TO POLICE PENSIONS, SPECIAL FUNDS, RETIREMENT BENEFITS, DISABILITY, AND REFUNDING CONTRIBUTIONS TO THE POLICE PENSION FUND; AND DECLAR- ING AN EMERGENCY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN, A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 9 AND 10, CHAPTER 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING NEW SECTIONS THERETO RELATING TO FIREMEN'S PENSIONS, SPECIAL FUND, DISABILITY, PENSIONS AND DECLARING AN EMERGENCY. December 1, 1975 Page 12 COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 9 AND 10, CHAPTER 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING NEW SECTIONS THERETO RELATING TO FIRE- MEN'S PENSIONS, SPECIAL FUND, DISABILITY, PENSIONS AND DECLARING AN EMERGENCY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 62, SERIES OF 1975, A RESOLUTION APPROVING AND ADOPTING THE CONSTRUCTION OF A COMMUNITY CENTER FOR THE CITY OF ENGLEWOOD AS ITS OFFICIAL CENTENNIAL-BICENTENNIAL PROJECT; APPROVING THE TEMPORARY EMPLOYMENT OF ELWIN D. BATCHELOR, A PROFESSIONAL FUND-RAISER, TO SUPERVISE THE ENGLEWOOD CAMPAIGN TO RAISE FUNDS FOR SAID PROJECT; AND DIRECTING THE SALARY FOR SAID FUND-RAISER TO COME FROM VOLUNTARY CONTRIBUTIONS, AND REPEALING RESOLUTION NO. 44, SERIES OF 1975. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 62, SERIES OF 1975. Mayor Taylor stated that he understood that this was a resolution for a Senior Citizens Recreation Center and not a Conmunity Center as stated in the resolution. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO AMEND RESOLUTION NO. 62, SERIES OF 1975, BY REPLACING THE WORDS "COMMUNITY CENTER" WITH "SENIOR CITIZENS RECREATION CENTER" WHEREVER FOUND IN THE RESOLUTION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. I December l, 1975 Page 13 City Manager Mccown referred to Section 6 of this resolution and indicated that there is no time limit indicated in the event that the project is not built. Mayor Taylor stated that this was done intentionally as there is no time limit desired. Mayor Taylor stated that because Mr. Batchelor has not yet arrived at the Council meeting he would like to post- pone discussion on this topic until he arrives. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO POSTPONE ACTION ON RESOLUTION NO. 62 UNTIL MR. BATCHELOR ARRIVES AT THE MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. I I I I I I Mayor Taylor declared a recess at 9:05 p.m. The meeting reconvened at 9:20 p.m. Upon a call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, and Mayor Taylor. Absent: Council Member Clayton. The Mayor declared a quorum present. I I I I I I City Attorney Berardini gave a brief background into the Arap's Restaurant and Lounge situation as it stands at this point. He said that the City has thirty days from November 21 in which to appeal the District Court decision awarding the liquor license to Arap's. In answer to Councilman Mann's ques- tion, City Attorney Berardini stated that if the City does nothing in regards to the appeal the liquor license will be issued pursuant to the court order. Councilman Brown stated that he has been through the establishment and was favorably impressed with the interior of the facility. He said that the City could use a good restaurant in that area. He further stated that earlier that evening at the study session Reverend Fixture from the Englewood United Methodist Church announced that he had received a bomb threat December l, 1975 Page 14 at his home if he appeared at the City Council meeting in opposition to the liquor license. He further stated that the City Council, at the study session, had decided to wait until December 16 to make a decision on Arap's. Councilman Mann stated that it is time to take action on this liquor license regardless of the bomb threat being made to Reverend Fixture. COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO ABIDE BY THE DISTRICT COURT DECISION AND NOT TO LODGE AN APPEAL TO THAT DECISION REGARDING THE DEMETRIOS COR- PORATION OBA AS ARAP'S RESTAURANT AND LOUNGE. In answer to Councilman Brown's question, City Attorney Berardini stated that the corporation must abide by the state liquor laws and if there is a violation they will go through the regular course of public hearings to determine whether they should keep their liquor license. In answer to other Councilmen's questions regarding the bomb threat, City Attorney Berardini stated that the bomb threat is a separate transaction, although it is related to the liquor license. This would have to be handled as a separate transaction. He further stated if the bomb threat individual is caught and guilt is determined it would be a judgement question in the hands of the court as to whether it would have an effect on the liquor license. Councilman Blessing asked Mr. Arapkiles if delaying the liquor license would hurt his business. Mr. Arapkiles stated that it would, and that he is sick about the bomb threat that was made on Reverend Fixture. Brown. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Nays: Council Member Taylor. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ALTERNATE PLAN NO. 1 FOR THE CONSTRUCTION OF THE GOLF COURSE AND DESIGNATING MONIES TO BE APPROPRIATED FROM THE PUBLIC IMPROVEMENT FUND AND SHOWN IN THE SIX-QUARTER BUDGET. Upon a call of the roll, the vote resulted as follows: December 1 1 1975 Page 15 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • City Attorney Berardini indicated that during the Council recess he had a discussion relating to the leave policy and maternity leave pertaining to the Bill for an Ordinance as previously proposed. He stated that he would bring an amend- ment to the City Council relating to the leave policy and re-employment. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN, BY AUTHORITY ORDINANCE NO. 47 SERIES OF 1975 AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1 1 1976 AND ENDING DECEMBER 31, 1976, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1976. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 47, SERIES OF 1975. Mayor Taylor asked that in future budgets the legisla- tion and Council portion be clarified. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • December 1, 1975 Page 16 INTRODUCED AS A BILL BY COUNCILMAN JONES, BY AUTHORITY ORDINANCE NO. 48 SERIES OF 1975 AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1976. COUNCILMAN JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS ORDINANCE NO. 48, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The· Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING, BY AUTHORITY ORDINANCE NO. 49 SERIES OF 1975 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1976. COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS ORDINANCE NO. 49, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • Dec e mber 1, 1975 Page 17 RESOLUTION NO. 63, SERIES OF 1975, A RESOLUTION APPROPRIATING FUNDS IN THE WATER FUND. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PASS RESOLUTION NO. 63, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 64, SERIES OF 1975, A RESOLUTION AMENDING THE 1975 BUDGET IN THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PASS RESOLUTION NO. 64, SERIES OF 1975. City Manager Mccown explained to Council the accounting for the $150,000 and how it was to be transfered from the River Redevelopment Fund to the Housing Authority Fund and what would happen with the $150,000 if the bond issue was defeated in the upcoming election. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from Director of Public Works Waggoner relating to the Dartmouth-Santa Fe inter- section. He said that an additional $23,662 must be added to the budget for this project. December 1, 1975 Page 18 COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A CONSTRUCTION AGREEMENT RELATING TO THE SANTA FE BOULEVARD AND DARTMOUTH INTERSECTION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from Director of Utilities Carroll relating to the Valley Water District and the alternatives that are open to the City. He asked the Council to review the memorandum and discuss it at a later Council study session. Councilman Sovern also requested that the memorandum be sent to the Water and Sewer Board. In answer to Councilman Brown's question, Councilman Sovern stated that most people who are in the Valley Water District do not realize that they are a part of it. He said that the best course of action seems to be to get interested Englewoodites to be elected to the Valley Water Dis- trict Board. • • • • • • City Manager Mccown reminded Council that December 7, 1975, had been declared M. M. Summers Day and asked for some direction from Council as to what was going to be done. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED A MOTION THAT CITY COUNCIL SPONSOR AN OPEN HOUSE ON DECEMBER 7, 1975, BETWEEN 3:00 AND 5:00 P.M. IN THE COMMUNITY ROOM OF THE CITY HALL OR THE POLICE-FIRE CENTER. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern~ Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • December 1, 1975 Page 19 City Manager Mccown stated that there is a small parcel of land south of the public service land which is owned by the Denver Rio Grande Railroad which needs to be purchased for the construction of the golf course. The Denver Rio Grande Railroad indicated that they would be willing to sell the land based upon the appraisal of two years ago. The cost for purchase of the land would be $7,150. City Manager·McCown recommended that Council approve purchase of the land. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AUTHORIZE THE PURCHASE OF LAND FROM THE DENVER RIO GRANDE RAILROAD FOR $7,150. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • David Batchelor, 7101 South Webster, Littleton, was present representing the Englewood .Centennial-Bicentennial Committee. Mr. Batchelor read a letter from the Englewood Centennial-Bicentennial Committee outlining the support that the Committee would like from the City: 1. Permission to use the full January 1976 edition of the "Englewood Citizen" as their official campaign brochure. 2. Access to and use of the City of Englewood mailing list as used for the "Englewood Citizen". 3. Permission to use the City of Englewood "Third Class #534" bulk mailing permit for mailing the campaign brochures. 4. All expenses incurred over and above the usual costs to the City for such an edition shall be borne by the Englewood Centennial- Bicentennial Committee. In answer to Councilman Blessing's question, Mr. Batchelor stated that there will be no kids going from door to door soliciting funds for this project. The funds will be solicited via phone or mail and will be made on a pledge basis. December 1, 1975 Page 20 City Manager Mccown stated that in Section 6 of Resolution No. 62, Series of 1975, there is no provision for pin-pointing the time at which a determination is made that the building will not be built. He asked how this determina- tion is going to be made. Mr. Batchelor stated that 1978 would seem a logical time to make this determination as the City Council has infor- mally indicated that the funds would be appropriated in 1977. He further stated that this should be a joint decision between the City Council and the Englewood Centennial-Bicentennial Committee. Mr. Batchelor further stated that the Englewood Centennial-Bicentennial Committee will be formed into a non- profit corporation and the proposed name, while not final, is the Englewood Centennial-Bicentennial Foundation. The Board of Directors will be made up of twelve members from the commu- nity. Councilman Sovern asked about the provision in Section 5 of the resolution relating to five-year payment periods for special pledges. Mr. Batchelor stated that this was put in for extenuating circumstances on large contribu- tions. Councilman Sovern pointed out that there could be a short fall of money from pledges if the pledges were spread out over a three to five year period. Mr. Batchelor stated that this is a standard practice and that banks will loan money to municipalities based on pledges if construction begins prior to completion of the pledge period. A discus- sion between Council and Mr. Batchelor followed relating to pledges and funding. In answer to Mayor Taylor's and City Manager McCown's question, Mr. Batchelor stated that if the Center is not started in 1977 that the City Council and the Englewood Centennial- Bicentennial Committee should meet to make a determination as to if the Center will be built. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AMEND RESOLUTION NO. 62, SERIES OF 1975, BY REVISING SECTION 6 TO READ AS FOLLOWS: "IF CITY COUNCIL DETERMINES THAT THE CENTER WILL NOT BE BUILT, ALL FUNDS DONATED, AND ANY ACCRUED INTEREST, LESS EXPENSES INCURRED FOR THE FUND-RAISING CAMPAIGN WILL BE PROPORTIONATELY RETURNED TO THE DONORS SHOULD THE CENTER NOT BE BUILT". Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. Dec e mb e r 1, 1975 Page 21 The Mayor declared the motion carried. A discussion followed between Council, City Manager Mccown, and Mr. Batchelor relating to the Englewood Citizen schedule and cost. City Manager Mccown stated that the Engle- wood Citizen costs approximately $1,800 per issue. The City could either move the February issue into January or they could have a special January issue devoted to the project. Mr. Batchelor stated that the Englewood Centennial- Bicentennial Committee has $2,000 budgeted for a special issue. Upon a call of the roll, the vote resulted as follows for Resolution No. 62 as amended: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE RECOMMENDATION OF THE ENGLEWOOD CENTENNIAL- BICENTENNIAL COMMITTEE AND TO MOVE THE FEBRUARY ISSUE OF THE ENGLEWOOD CITIZEN TO JANUARY 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. Mayor Taylor asked that Mr. Batchelor not do anything in terms of publicity until after the election on December 23, 1975, as he does not want any conflict with the publicity for the election. * * * * * I Councilman Sovern stated that with the new Council appointments coming up soon, he would like to be kept on the Denver Regional Council of Governments Committee. He said there are many projects in the mill which he would like to carry through. December 1, 1975 Page 22 Councilman Sovern also proposed that he and City Manager Mccown and any other staff members and Council members get together on a monthly basis for a breakfast. The purpose would be to discuss DRCOG policies, programs and proposals and how they would effect the City. This would assure coordination between the staff and Council in regards to their thinking on these programs and proposals. Councilman Brown stated that the City used to have these breakfasts in the past and he did not understand why they were dropped. He further stated that these breakfasts should be paid for from Council funds. Councilman Sovern stated that he would be vocal regarding the 208 Program. He further explained the 208 Pro- gram and the monies involved as it relates to DRCOG. Mayor Taylor stated that he feels that the new City Council should have a dinner meeting prior to the regular Council meeting on January 5, 1976, to take care of electing a Mayor and appointing committee members. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO HAVE A DINNER MEETING PRIOR TO THE REGULAR JANUARY 5, 1976, CITY COUNCIL MEETING IN ORDER TO ELECT THE MAYOR AND TO APPOI NT COMMITTEE MEMBERS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • Mayor Taylor stated that in 1976 one of the things that the City Council must do is work closer with the schools. He said that he is surprised that the school administration is not for the Senior Citizens Recreation Center. • • • • • • Mayor Taylor presented a proclamation from Colbert Cushing relating to churches and asked for approval. COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A PROCLAMA- TION RELATING TO CHURCHES WHICH WAS PRESENTED BY COLBERT CUSHING. Upon a call of the roll, the vote resulted as follows: De c e mber 1, 1975 Page 23 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • Councilman Mann indicated that he had received calls relating to the municipal charge which is on all of the phone bills. He asked what the charge was and why it was now on the bills when it was not before. City Manager Mccown explained that the City has a franchise tax and under the new billing procedures approved by the Public Utilities Commission, Mountain Bell is able to pass through the franchise cost to the customer, whereas before they were not able to do this. He further stated that the Colorado Municipal League has appealed this change to the Public Utilities Commission. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION OBJECTING TO THE MUNICIPAL CHARGE WHICH IS BEING CHARGED BY MOUNTAIN BELL. Upon a call .of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. • • • • • • Councilman Jones asked that City Council do something to initiate action to get more parking in the City Hall area. He said that it is very annoying to come down to City Hall and not be able to find a place to park. He said that the land immediately East of City Hall should be considered for acquisi- tion to alleviate the parking situation. Councilman Sovern stated that City Council must adopt the flood plain for Little Dry Creek because land values will be effected for that property and other property also. December 1, 1975 Page 24 Mayor Taylor stated that an offer for the property on the east side of City Hall should be made. If this is not accepted, then the City should go through condemnation pro- cedures. • • • • • • Councilman Brown stated that Councilman Jones should be considered for membership on the Planning and Zoning Commis- sion as a citizen after he relinquishes his seat as a Council- man. • • * * * • COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO HAVE A SPECIAL CITY COUNCIL MEETING ON DECEMBER 16, 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor .declared the motion carried. * * * • * • COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the meeting adjourned at 11:05 p.m. ity Clerk