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HomeMy WebLinkAbout1974-02-19 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 19, 1974 REGULAR MEETING : The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 19, 1974, at 8 :00 P .M. Mayor Henning, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn of Immanual Lutheran Church. The Pledge of Allegiance was led by Cub Scout Pack #58 . The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Dhority, So vern, Mann, Blessing, Brown, Anderson , Henning . Absent : None The Mayor declared a quorum present. Also present were: City Manager Dial City Attorney Berardini Assistant City Manager Mccown Administrative Assistant Mendelson Director of Community Development Supinger Director of Public Works Waggoner Director of Finance Nollenberger * * * * * COUNCILMAN BROWN A MOTION THAT THE MINUTES 1974 BE APPROVED AS READ . resulted as follows: MOVED AND COUNCILMAN ANDERSON SECONDED OF THE REGULAR MEETING OF FEBRUARY 4, Upon the call of the roll, the vote Ayes: Counc il Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henn ing. Nays: None Absent: None The Mayor declared the mot ion carried. * * * * * I I I I Meeting of February 19, 1974 Mayor Henning introduced the following citizens from the list of Special Citizen Program Invitees. Mr . Harry Zook , 3345 West Grand, Precinct No. 11. Mr . Zook stated that the taxes had not increased in the City of Englewood while services had maintained their current level, and he felt this was extremely beneficial to the City. He also felt that the City should have a suggestion plan for its employees . Mr . John Maxwell, 491J So. Lipan Drive, Precinct No. 14. Mr . Maxwell said that it was difficult for him to say that he would like the efforts of his lifetime to go down the drain if the Core Area Plan was instituted. He stated that he did not feel the Plan should be thrown out altogether in any case. He had been in business in the same location for the last 25 years and felt a committm ent to that location. The meetings which have been undergone so far have let the people know where everybody stood on the issue. Mr . and Mrs. Sydney J. White, 4760 So. Jason Street, Precinct No . 15. * * * * * Mr. Gib Gilbert of the Timberline House, Inc., JJ94 South Broadway, appeared before Council to discuss the City Center Plan. Mr. Gilbe rt stated that he was speaking as an individual operating a store on Broadway. He said that if nothing was accom- plished in the Englewoo d downtown area, it would become a blighted area within the next 20 years. He thought a coordinated plan was necessary in order to prevent this and that the City would have to take the lead in that effort. However, he felt that the store owner should be helped out since they were on a tight financial picture to begin with . In this case, the City should pay relocation costs and provide low redevelopment loans to the businessman. Mr . Gilbert stated that he was definitely in favor of any well-thought -out plan and that he hoped the problem did not get ignored as a result of the public outcry. * * * * * Mr. Peter Razatos appeared before Council. He stated that he was recently hired as an attorney by Mr. Powell and others in a group to present petitions to Council, calling for opposition to the Core Area Plan and the resignation of Mr. Jim Supinger and Mr . Stanley Dial. Meeting of February 19, 1974 -3 - COUNCILMA N DHORITY MOVED AND COUNCILMAN BLESSING SECONDED A MOTI ON TO ACCEPT ALL GROUPS OF THE PETITIONS FOR CONSIDERATION BY COU NCIL. Upon the call of the roll, the vote resulted as follows: Aye s : Coun c ll Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays : None Ab sen t : None The Mayor declared the motion carried. * * * * * Mrs. Ruth Parrin, 3200 So. Clarkson Street, appeared before Counci l . She stated that the home owners in the area wo uld not be able to o btain another home for the same price if they were forced to move. Councilman Brown stated that the main concern that most people seem to have who had signed the petition was opposition to the Core Area, rather than the resignation of the City Manager and the Di rector of Community Development. Mr. Razatos stated that the Council needed to answer the questions fully and openly. Councilman Sovern stated that it was difficult for the Council to see why th e people were signing the petitions, whether it was for (1) the opposition to the Core Area, or (2) the resig- nation of Mr . Dial and Mr. Supinger. He felt, however, by conver- sations, mos t individuals were calling for the former. Mr. Carl Olsen, 2958 So. Lincoln Street, appeared before Council. He said he was very much against the Core Area Plan and he felt that mass transit was the key to any City plan. He felt that an adequate tran sportation system was much more important than more roads. In addit ion, he felt that the plan did not adequately plan for the future to conserve energy. I Mr . Leo Kent , 3248 So. Sherman Street, appeared before I Council . He stated that he had signed a petition, but did not mean by it to have the City Manager and Director of Community Development fired. He was very much opposed to the Core Area Plan, however. He felt that more parking lots in the City would help the merchants. He was against the Floyd Avenue alignment since it would destroy many homes. 'I I Meeting of February 19, 1974 -4 - Mr. C . A. Smith, 1J66 West Oxford, appeared before Council. He stated t h at the p e o pl e should have separated the two problems on the pet iti ons , that being the integrity of the City Manager, and the Core Area P lan . The p e o pl e should not sign once for both issues. Whoeve r wrote the petition was dead wrong, and he had a private inter e st at st ake. He felt that the management of the City was doing one fine J o b, a lth ough i ndividuals might have many reasons to dislike the Co r e Are a Plan. Th e management had done the job they were hired to do fo r t he City. Mr . Oli ver Giseburt, Jl71 So. High Street, appeared before Council . He s t ated that there were two issues here and that the petitions were a bit infuria t ing, since they did not keep the two issues s epar at e. Mr. Charles Warner appeared before Council. He stated that time and events have overtaken the Core Area Plan. He felt that it had not been d o ne in the con t ext of the energy crisis and the lack of Federal funding. Mr. Razato s app eared before Council again and stated there we re three iss ue s , that of the Core Area Plan, that of the integ r ity o f the peopl e, a nd tha t the Council was missing the people factor in the Co re Area. Mr. Harol d Co rah, 40Jl So. Fox Street, appeared before Counc i l . He state d t hat he had brought forth to the Core Area consultant s some te chnical problems and had not yet gotten any decent answer . Mr. Dan T errell, J696 So. Grant Street, appeared before Council . He stated th a t the re s ponses to the Core Area after the Elks Club meeting th e previ o us week had all been negative. Councilman Br o wn th anked Mr. Terrell for arranging the meeting at the Elks Clu b. Council . home and into the * * * * * Mr. Lory Ri c hards, 2189 West He stated t ha t he was trying n e eded a com mi tt ment from the f uture . Vassar, appeared before to get a home loan on his City for street improvements Mayor He n n i ng stated that the City Manager would get back to Mr . Richards in th e near future. * * * * * Meeting of February 19, 1974 -' - Mr. Bill Reese, 3101 So. Grant Street, appeared before Council. He stated that there are laws on the books concerning the enforcement of dog regulations. We needed to get a dog catcher in o rder to maintain this problem. He also needed some proper tools such as tranquilizer guns. City Mana ger Dial stated that tranquilizer guns were apt to kill dogs due to the variation in size of the dosage. * * * * * Mayor Henning stated that the Council would take item 7-B, discussion o f the extension of the contract proposal for the Core Area Plan, out of th e agenda order at this time in order to discuss it while the individuals interested were still in attendance. Councilman Mann stated that after much study he did not feel that the Core Area Plan Contract should be renewed at this time. Councilman Dhority stated that a plan had been presented which did not have wide community participation. He felt the Council needed to tak e some time to get people involved at this point . He felt that it was a bold plan, but it needed more input from the people. He was not in favor of renewing the contract at this time . Councilman Anderson stated that we have a plan which is imperfect at this tim e and that we currently need to take the time to work with the cit izens in order to complete. The Council needed to go on record as saying that we would go to a vote of the people when we have something to vote on. Councilman Sovern stated that the City needed a plan in order to satisfy the community goals. The current plan is. a proposed one whi ch does not have any official status with the Council . He fel t that i t was time to take the planning under our own wing in an effort to get citizen participation. He stated that no plan was just as bad as relocating some people under a plan because relocation was going to happen anyway by continuing develop- ment in the Ci ty . Once a plan was put together, then it would be time to put it to a vote o f the people. He felt that it was importan t to have 50% of the people behind the plan. Councilman Blessing stated that he still felt that the City needed a plan of this sort, however, it was imperative that we had additional input . He was also in favor of taking the plan to the people for a vote. Councilman Brown stated that the proposed plan had not yet been to the Plann ing and Zoning or before the Council. He felt that there were some good ideas in the plan which needed to be refined in the near future. I I I I Meeting of February 19, 1974 -6 - COUNCILMA N MANN MOVED AND COUNCILMAN DHORITY SECONDED A MOTION TO NOT RENE W THE CONTRACT WITH ENVIRONMENTAL PLANNING AND RESE ARCH AS PRESENTE D T O THEM. Upon the call of the roll, the vote r esult e d as f ollo ws : Ayes : Coun cil Me mbers Dh o rity, Sovern, Mann, Blessing, Brown , And er son , Henning. Na ys : No ne Absent : None The Mayo r d e cla r ed t he motion carried. * * * * * Mayor Henn i n g st a t ed tha t th ere was a citizens' meeting on Thu rs d ay night , at which time Mr. Wylie of the firm would be p re s e nt u nd e r the o ld contract. She s tated that the intent was to go bac k and disc uss t he goals which were developed at the beginning of the p r o cess in order to encourage people to continue wo r king on the plan . * * * * * Mr. Berry Tillman appeare d before Council. He stated that he had h oped that the Co un c i l would take a definite stand that the plan would go to a vote of the people before adoption. Councilman Brown stated that he would like to see the Council commit itsel f t o a vote once a plan is established. Mr. C . A . Smith stated that if the plan went to a vote o f the p eople , it sho uld be put on tw o ballots, one concerning the Co r e Ar ea Plan , and t he other concerning the resignation of the City Manager and t he Director o f Community Development. Counc i lma n Blessing stated that he would disagree with the personnel issue go i ng to a v o te at a ll. Mayor Hen ni n g stated that the resignation of the City Manager and the Di re cto r of Community Development was up to the Council only , by Cha r te r. COUNCILMAN BRO WN MOVE D AND CO UNC I LMAN SOVERN SE CONDED A MOTION OF INTENT TO TAK E WHATEVER PLAN IS DEVELOPED IN THE FUTURE ON THE CORE AREA TO A VOTE OF THE PEOPLE BEFORE ANY LEGAL ACTION ADOPTING IT BY THE CO UNC IL . Upon t he call of the roll, the vote re sulted as follows : 62 Mee t ing o f February 1 9, 1974 -7 - Ayes : Council Members Dhority, Sovern, Mann, Blessing, Br own , Ande r son , He nning. Na ys : Non e Absent : No n e The Mayo r declar e d t he mot ion carried. * * * * * Mayo r He n ning called a five-minute recess at 9:JO P.M. Council r e-convened at 9:50 P.M. Upon the call of the roll , the following were p resent: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson , Henning . Absent : None The Mayor declared a quorum present. * * * * * Mayor He nni ng sta t ed th a t due to some legal question as to whe n the te r m of office of Mr. Werner Schnackenberg on the Housing and Ur ban Ren e wal Authority was terminated, and since Council ha d appoint ed Mr. Vernon Mann to that position, Mr. Schnac k e nb e r g had t urned in his resignation in order to make sure eve ry th ing stood co rrectly. COUNCILMA N ANDERSON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ACCE PT MR. S CHNACKENBERG'S RESIGNATION AND APPOINT VERNON MANN TO TH E HOUSING AND URBAN RENEWAL AUTHORITIES. Upon the call of the r ol l, t he vote re s ulted as follows: Ayes : Council Member s Dho rity, Sovern, Mann, Blessing, Br own , And er son , Hennin g. Nays : No n e Absent : None The Mayor declared t h e mo tion carried. Mayor He nni ng stated that the City Attorney would draw up a resolution to f o rmalize that appointment. * * * * * I I I I Meeting of February 19, 1974 -8 - Councilman Anderson stated that he questioned the situation in the minutes of the special Career Service Board meeting on February 6th, .in which instance an employee had open access to his personnel file and was able to remove material from it. City Manager Dial stated that he would look into the situation and tighten up the control. * * * * * Councilman Mann state d that Mrs. Allen and Mrs. Howard were appointed to the Parks and Recreation Commission and that the Commission had looked at a Director of Women's Activities position for the future . * * * * * Councilman Sovern stated that the DRCOG hearing on waste wa ter would be held Wednesday night and that an airport plan hearing would be held on March 6th . Mayor Henning stated that the Colorado Municipal League Director has resigned and that the legal counsel had been appointed the Acting Director . * * * * * City Manager Dial stated that he had received a memorandum from the Chairwoman of Housing of the League of Women Voters endorsing a State House Bill on Housing. Councilman Sovern stated that there were some hangups in that Bill which had been indicated by the Housing Authority. * * * * * The following communications were received for the record. Minutes o f a Speci al Career Service Board meeting of February 6, 1974 . Minutes of the Parks and Recreation Commission meeting of January Jl, 1974 . Minutes of the Engl ewood Public Library Board meeting of February 5, 1974 . Status Report for the Public Improvement Fund. * * * * * MeeL lng o f ¥e bruary 19 , 19 'l4 -9 - Council received a recommendation from the Planning Commission to approve the vacating of a 7-foot easement on Lots 1 through 10, Bl oc k 6 , Alta Vista subdivision. Direct o r of Co mmunity Development Supinger stated that the vacati on was a v ac ation o f a utility easement in northwest Engle wood. The eas ement had never b een used and was n ot now necessary . COUN CILMA N ANDERSON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACC EPT THE RECOMMENDATION AND ASK THE CITY ATTORNEY TO DRAW UP AN ORDINANCE EFFECTING IT. Upon the call of the roll, the vote resulted as f oll ow s : Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Ander son , Henning . Nay s : None Absen t : None The Mayor de cl ared the motion carried. * * * * * Coun c i l received a recommend a tion from the Planning Commission to approve the vacating of a 24-foot easement through Lot 7, Block 2, Tejon Indu st rial Park. Director of Co mmunity Development Supinger stated that this was a vacati on of a u tility easement and that it had been incorrectly platted originally. It should follow the property line, but ins tead follows the railroad tracks. INTRODUCED AS A BILL BY COUNCILMAN BLES S ING. A BILL FOR AN ORDINANCE VACATING A 24-FOOT UTILITY EASEMENT LYING AND BEING WITHIN TEJO N INDUSTRIAL PARK, CITY OF ENGLEWOOD, COLORADO. COUNCILMAN BLESSING MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING THE VACATING OF A 24 -FOOT EASEMENT THROUGH LOT 7, BLOCK 2, TEJON INDUSTRIAL PARK. Upon the call of the roll, the vote resulted as follows : Aye s : Cou n c il Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning . Nay s : None Ab sent : None The Mayor de clare d th e motion carried. * * * * * I I I I Meeting of February 19, 1974 -10 - Council received a recommendation from the Planning Commission that 5 feet of the dedicated right-of-way in Blocks 14, 15, and 16, Evans Park Estates, and Block l, Southlawn Gardens Annex, be vacated back to t he property owners. Director of Community Development Supinger stated that there had been some problems which had come up since Friday concerning this vacation. Mayor Henning stated that they would lay it over until the next meeting. * * * * * Council received a request for renewal of a J.2 beer license application for U-Tote-M, 12J East Belleview. Councilman Brown stated that he was extremely happy to see that no police calls had occurred here during the year. COUNCILMAN DHORITY MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE RENEWAL OF A J.2 BEER LICENSE FOR U-TOTE-M, 12J EAST BELLEVIEW. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council received a request for approval from Arnie's Lounge, J465 South Broadway, for remodeling the barber shop into a pool room. Director of Finance Nollenberger stated the necessity for this action, stating that it was a state liquor license ruling to approve modifications of the structure. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE REMODELING OF A BARBER SHOP INTO A POOL ROOM FOR ARNIE'S LOUNGE, 3465 SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Mee Lln g o f F e br ua ry 19 , 1 974 -11 - Ayes : Coun c il Members Dhority, Blessing, Brown, Anderson, Henning . Nays : Council Members Sovern, Mann. Absent : None The Mayor declared th e motion carried. * * * * * City Atto r n ey Berardini stated that an ordinance on final reading had inad ver t ently been left off the agenda and requested Council to a p p rove the ordinance on final reading for the adjustment to th e retirement plan to allow investment coun- selors to be retaine d by the board. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY OR DINANC E NO. Z , SERIES OF 1974 AN ORDINANCE AMENDIN G SEC T ION 45, CHAPTER 9, TITLE V OF THE 1969 E .M.C . RELATING TO P URPOSES AND POWERS OF THE TRUSTEE OF THE "CITY OF ENGLEWOOD RETIREME NT PLAN", BY ADDING SUBSECTION (e) AUTHORIZING THE RETIREMENT BOARD TO RETAIN OR CONTRACT WITH AN INVESTMENT COUNSELOR , AND DECLAR ING AN EMERGENCY. (Copi e d in full in t he Official Ordinance Book.) COUNCILMA N SOVERN MOVED AND COUNCILMAN DHORITY SECONDED A MOTION TO APPROVE ORDINANCE NO. 7, SERIES OF 1974. Upon the call of the roll, the vot e re s ulted as follows: Ayes : Counc i l Me mber s Dh o rity, Sovern, Mann, Blessing, Brown , Anderson , Henning . Nays : Non e Absent : No ne The Mayor declared the motion c arri e d. * * * * * City Attorney Ber a rdini s t ated that the Atchison Ranch case was being tried in Golden, J efferson County District Court. The trial would resume on Mar c h 5th a f t er the illness of one of the witnesses . * * * * * I I I I Meeting of February 19, 1974 -12 - City Attorn ey Bera rdini stated that he had argued the Carolyn Weis t case on February 11th in Colorado Supreme Court. In this case she would not agree to the purchase of property and a special assessment was too high, in her opinion. The precedent- setting nature of it had forced the City to go to court. * * * * * Council received a memorandum from the Director of Public Works and the Director of Utilities to the City Manager dealing with the extension o f utility services and storm drainage to serve propert ies along the proposed Navajo extension lying between Oxford and Quincy . Director of Public Works Waggoner stated that the easement was for a water main whi ch was along the very edge of the property. That water main is currently contained within the 20-foot easement we now have . The City can put the storm drainage line in within the 20 -f oot easement , but we would need to have additional easement in o rder to put a sanitary sewer line in the area. The City thus needs a total of 40 -f oot easement along the property. City Manage r Dial stated that the easement costs are generally 50% of th e land cost and that we may need all of the land if we put the street through there. Mr . Doug Auer, Attorney representing Sam Chavez, stated that his client st ill o bjected strongly to the roadway going through that location . The road would be for light and heavy industrial traffic and his paint shop building would be adjacent to it, causing vibration and dust proble ms. In addition, he had started the expansion of his buildin g under the impression that no action was being tak en on this . He stated that the company had no objection to the easement increase to 40-foot to accommodate the sewer service. He did not want the Council to feel, however, that the Company was altering their stand on the street extension. Councilman Anderson stated that the Planning and Zoning Commission felt the Navajo Street should go through sooner or later in o rder to accommodate the industrial area immediately to the south. Councilman Blessing stated that he felt the Council should look at the Windermere alignment. Councilman Anderson stated that Planning and Zoning felt the re we re more problems along Windermere than along Navajo. * * * * * Councilman Dhority left the room at 10:40 P.M. * * * * * Meeting of February 19, 1974 -13 - Mayor Henning stated that she was reluctant to act now before Planning and Zoning comes up with their recommendation to Council on the purchase of the additional footage in order to put in an easement for the sanitary sewer. Councilman Anderson stated that the Council should not take action on the right-of-way at this time. Councilman Brown stated that the Council needed to bring this to an end as they had been stud ying it for such a long period of time . City Manager Dial stated that the City could go ahead with the easement requirements and an appraisal of the land in order to have available for future reference. City Manager Dial stated that the Council action in September was for the staff to explore the Windermere extension and as a result of that, the staff had alerted the owners along the Windermere alignment in the event of the probable expansion of their businesses. May o r Hen ning stated that she was very displeased with the constructi on o n the Chavez property in light of the proposed street construction. She felt that Mr. Chavez should have been alerted to the p oss ible st reet. COUNCILMAN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTI ON TO GO AHEAD WITH THE EASEMENT DETAILS AND TO GET APPRAISAL VALUES OF THE LAND AND REPORT BACK TO COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: Council Member Dhority. The Mayor declared the motion carried. * * * * * Council received a request from the Public Service Company for the granting of an easement between Lincoln and Sherman Streets, Just North of Highway No. 285. City Manager Dial stated that this request took into account lines which are already in the ground, but through some oversight at a previous date, had not been requested as an easement from the City. They were making a cleaning-up-of-books procedure and asking for this right-of-way. I I 'I I Meeting of February 19, 1974 69 -14 - COUNCILM AN ANDERSON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO AUTH ORI ZE THE MAYOR TO EXECUTE A UTILITY EASEMENT WITH PUBLIC SERVICE COMP ANY BETWEEN LINCOLN AND SHERMAN STREETS JUST NORTH OF HIGHWAY 2 85. Upon the call of the roll, the vote resulted as follows : Ayes: Co uncil Member s Sovern, Mann, Blessing, Brown, Ander so n , Henning . Nays : None Absent : Co u n cil Member Dhority. The Mayor declared th e motion carried. * * * * * City Manage r Dial recommended that Acting Captain Robert McFa r land be permitted t o a t tend the Fire Department Instructors Co nference in Memphis , Tennessee, March 26-29, 1974. He stated that this was not a sp e c ifically budgeted conference, but would be substituted for one . Councilman So vern inquired as to the process of the permanent status in t he Fire Department of the Training officer. City Manager Dial st ated that the Police Department has already taken examinations and the Fire Department was in the process of setting their examin a t ions in conjunction with the Career Service Board . COUNCILM AN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ACTING CAPTAIN ROBERT MC FARLAND ATTENDING THE FIRE DEPARTMENT INSTR UCTORS CONFERENCE IN MEMPHIS, TENNESSEE, MARCH 26 -29 , 1974 . Upo n t he call of the roll, the vote resulted as follows : Ayes : Counc i l Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nay s : None Absent : Cou ncil Member Dhority. The Mayor declared the moti on carried. * * * * * COUNCILM AN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ADJOURN . Upon the call of the roll, the vote resulted as follows : '{{) Mee t ing of February 19 , 1974 -1 5 - Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning . Nays: None Absent: Coun cil Member Dhority. The Mayor declared the motion carried and the meeting was adjourned at 11 :05 P .M. ex officio Clerk of the-----COuncll I I