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HomeMy WebLinkAbout1974-09-16 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 16, 1974 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County , Colorado , met in regular session on September 16, 1974 at 8 :00 P .M. Mayor Ta ylor, presiding, called the meeting to order. Th e invocation was given by Rev. Paul Thomas, Minister of the En glewood Church of Christ. The Pledge of Allegiance was led by Cub Sc out Pack No. 58. The Mayo r asked for roll call. Upon the call of the roll , the follow ing were present: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown , Tay lor. Ab s ent : None The Mayo r declared a quorum present. Also pr esent were: Acting City Manager Waggoner City Attorney Berardini Assistant City Manager Mccown Deputy City Clerk Johannisson • • • • • COUNCILM AN JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 3 , 1974 AND THE SPECIAL MEETING OF SEPTEMBER 7, 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing , Brown , Taylor. Na ys: None Absent: None The Mayor declared t he motion carried. • • • • • I I I I Meeting of September 16, 1974 2 Mayor Taylor welcomed the audience and stated that with the help and cooperation of those citizens present, his goal is to assure that the meetings would be closed by 11:30 P.M. • • • • • Mrs. Ida Mae Holland, 4735 So. Grant Street, was present to represent the Arapahoe County Council for Senior Citizens. She stated that in Title 3 of the 1973 amendments to the Older Americans Act, the State designates an agency to s u pervise the State to develop a plan to coordinate activities. The structure is further broken down to provide an area agency to carry out the objectives on a regional level. In the metro Denver area the area agency is the Denver Regional Council of Governments. The County Councils of the 8-county region are the next level below DRCOG. She stated that their desire is of creating a new Arapahoe County Council for Senior Citizens. The Council is new to Arapahoe County. The Council would be composed of agencies of various senior citizen organizations and senior citizens. The purpose is to coordinate actions and programs for all of these various organizations. She is asking that all city councils and in particular, the City Council of Englewood, to appoint a representative to the Senior Citizens Council as a representative of the City of Englewood. She stated that there would be two meetings in the near future, one meeting of October 22nd between the hours of 7:00 and 9:00 P.M. in the Englewood City Hall, and October 23rd in the City Fire Hall, between 2:00 and 4:00 P.M. Councilman Mann inquired whether the individual selected should be a Council member or a citizen from the community. Mrs. Holland stated that they would prefer a Council member, but any designee of the Council would be much appreciated. Councilman Clayton asked whether this was to be a regulatory agency or an advisory agency. Mrs. Holland stated that this was one that was an advisory capacity, and would be acting as a coordinating group in getting the various agencies in the County together in a cooperative effort. • • • • • Mr. John L. Mccaffery, President of the Leaning Tower of Pizza, and Mr. William Malone, his legal counsel, were present to discuss the renewal of a 3.2 beer license at the Leaning Tower of Pizza. Mayor Taylor asked Chief Clasby of the Police Department to comment on the large number of calls that were received during the past year. Chief Clasby indicated that he saw no problems and stated that management had been cooperating with them in every 326 Meeting of Sept emb er 16, 1974 3 possible respect. The large number of calls actually is a good indication that they are concerned about the activities that do take place, and do not want any trouble at their establishment. City Attorney Berardini stated that if a liquor establishment is having continuous problems, the liquor license can be investiga ted and reconsidered more frequently than each year. Mr. Mccaffery stated that his establishment is, in his opinion, well managed. He provided daily supervision and he has a supervisor there who is a mature individual to provide supervision needed for the daily operation. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO RENEW THE 3.2 BEER LICENSE FOR THE LEANING TOWER OF PIZZA. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor . Nays: None Absent: None The Mayor declared the motion carried. • • • • • Mr. M. M. Summer, 3140 So. Delaware Street, was present to express his concern about the encroachment of apartment buildings on the homes in Englewood. He stated that homes are continually being torn down and being replaced by apartments. He stated that by permitting the continuous building of apartments, Englewood is losing family units, and they are being replaced by a transient society, most of which are non-taxpayers. He asked Council for their consider- ation of placing a moratorium on apartment building in Englewood, He said he was prepared to write the ordinance for the moratorium. He stated that then it is up to the Council to evaluate the entire problem and its effects on the future of Englewood. • • • • • Dr . Brian Potter and Dr. Sandy Farmer were present to represent the Arapahoe Mental Health Center, 4857 So. Broadway. Dr. Potter stated that the purpose of the mental health center is to provide services for the Arapahoe County area, specifically in Aurora, Littleton, and Englewood. They have a staff of 90 and provide out-patient service, a 24-hour crisis service, and many other services involving mental health. He I I I I Meeting of September 16, 1974 4 stated that in the past year in Englewood alone they have had 750 admitt ance s . Of these, 35% have been youth oriented, 65% have been adult orient ed. He asked the City Council to consider increasin g their donation to the Arapahoe Mental Health Center from $1 ,000 to $8,000-$10,000. This size contribution would compare favorably with donations received from Aurora and from Littleton . They indicated that they are receiving approximately 20 cents per cap i t a from these communities. Dr . Potter stated that the City of Aurora is starting their own center and because of this it will draw down some of the fund s tha t a re presently being utilized in Englewood. In addition , the Fed e ral Government is considering lowering their funding for thes e various mental health projects. Consequently, the request for a hig her giving from the various communities that they serve is be i ng requested. COUNCILMAN MANN MOVED THAT THE CITY OF ENGLEWOOD GIVE TO THE ARAPAHOE COU NTY MENTAL HEALTH CENTER $3,000. The moti on died for the lack of a second. COUNCILM AN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT THIS REQUEST BE REFERRED TO THE CITIZENS BUDGET COMMITTEE FOR STUDY . Upon the call of the roll, the vote resulted as follows : Ayes: Council Members Jones, Sovern, Mann, Brown, Blessing , Clayton , Taylor. Nays: No ne Absent : None The May or declar e d the motion carried. • • • • • Mr . Emm ett Curry, President of the Englewood Chamber of Comme r ce , was present to request continued financial support fo r the a ctivitie s of the Chamber of Commerce. Mr. Curry stated that they currently have a membership o f 5 9 5 a nd they h ave a budget that currently runs $58,ooo. This b udg e t is met by d ues paid by the various members. They currently have a staf f o f 3 people in the office to answer thousands of i nqu iries whic h t hey receive each day from newcomers and individuals d e s iring i n forma tion, establishing new businesses, and other informa t ion ab out the City of Englewood. Last year the Chamber of Comm erce re que sted from the Council a contribution of $15,000 to assist in the work of the Chamber of Commerce. Last year they receiv ed only $5 ,000. This year they request the Council ap p ropr iate $10 ,0 00 for the work of the Chamber of Commerce. Meeting of September 16, 1974 5 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO REFER THE REQUEST TO THE BUDGET COMMITTEE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: None The Mayor declared the motion carried. • • • • • Mr. Ken Mausolf, of Mausolf Interiors, was present to discuss a proposal for the feasible use of the Police/Fire Building at 175-195 West Girard. Mr. Mausolf proposed that the Police/Fire and hook and ladder buildings be leased to him for use as a service point for classic cars. He would pay the City $300 a month for all the buildings. The entire Police side of the building would be given back to the City rent free as a community center or for whatever activities the Coun cil sees fit. He would paint the exteriors where needed, fix the roof so it wouldn't leak, and clean up the area, which would include the cutting of weeds, etc. He would also clean up the interior of the fire building. The fire building would be used as a specialty service facility for Rolls-Royce, Deusenberg, Bentley, Packard, and other exotic and antique cars to further the interest in this hobby. He stated that there is a facility in Zionville, Indiana, which is one he would like to copy. He would like to make Englewood a center in this area for exotic cars. He stated the benefits to the City would be the income from the building of $3,600 per year instead of zero which they are now getting. It would also get the use of a free community center for needs that the City desires to use it for. Mr. Mausolf stated that he would desire a two-year lease with an option to renew the lease for two years at the same rent since they are spending their own funds for improvements on the property. Councilman Sovern stated that up to this point this is the best proposal that they have received for the use of these properties. Mr. Mausolf stated that it was his intent to comply completely with City Codes in regard to the building. This would mean providing adequate restroom facilities for the buildings which are presently not there. He would also provide exact measurements for the use of the buildings to the Public Works Department. I I I I Meeting of September 16, 1974 6 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO REFER THE PROPOSAL TO THE PUBLIC WORKS DEPARTMENT FOR CONSIDERATION AND STUDY AND RETURNED TO THE COUNCIL FOR ACTION ON OCTOBER 7, 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Brown, Clayton, Taylor. Nays: Council Members Jones, Mann, Blessing. Absent: None The Mayor declared the motion carried. • • • • • Mr. Maurice Merlin, 3688 So. Sherman Street, was present to compliment the City Council on their action in the Fire Department manning situation. He asked that since the monies were not allocated in the Budget for the new firemen, where the money was coming from. Councilman Blessing stated that while it was not in the Budget, that monies are gotten from budget cutting and using unused appropriations in the Budget. • • • • • Mr. John Zady, 4033 So. Grant Street, was present to express his concern about the high estimates received for the rehabilitation of many City facilities. He asked how figures are arrived at for determining how much these projects cost. Acting City Manager Waggoner stated that contracts are awarded to low bidders to complete these projects. • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER REASSESSING CERTAIN PROPERTY WITHIN PAVING DISTRICT NO. 19. Upon the call or 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 open. 330 Meeting of September 16, 1974 7 Mrs. Joyce Barnett, 3991 So. Pearl Street, owner of the property in question, was present. City Attorney Berardini explained that Council passed as adopted on March 16, 1970, Ordinance No. 8, Series of 1970, which created the Paving District No. 19 for the purpose of I constructing and installing certain street improvements. City · Council finally passed and adopted on April 21, 1971, Ordinance No. 12, Series of 1971 which assessed the cost of the improve-· ments against the properties especially benefited and included within a special improvement district. Prior to the hearing on assessments, notice was mailed to the property owners to be assessed, except the notice to one of the property owners, Mrs. Joyce E. Barnett of 3991 So. Pearl Street, was inadvertently sent to an incorrect address and was never received by the property owner. An assessment was levied against such property, which assessment was subsequently in default for non-payment. The City Council has now determined that the property should be re-assessed and that the notice be given to the owner of the property concerning the re-assessment of the costs and the right to pay in ten equal annual installments. Acting City Manager Waggoner explained that the improve- ments involved the paving of the 500 block of East Nassau, adjacent to 3991 So. Pearl. It received a Type I curb, walk on the south line of the property and such costs are assessed to that property. The property received a front zone and rear zone assessment of $261.69 and paving of sidewalk and curb walk of $546.09, a total of $807.78. There were two methods of payment possible. The total amount can be paid within 30 days with a 5% discount, or the bill can be sent to the County Treasurer for collection in ten payments over ten years, which would include a 5% interest charge per year on the unpaid balance. City Attorney Berardini stated that he has worked with Mrs. Barnett and she has stated that she would like the 10-year payment program. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO HAVE A PUBLIC HEARING ON THIS ORDINANCE ON NOVEMBER 4, 1974 AT THE CITY HALL AT 8:00 P.M. 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. I I I Meeting of September 16, 1974 8 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. 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. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL FOR AN ORDINANCE REASSESSING CERTAIN PROPERTY WITHIN PAVING DISTRICT NO. 19, IN THE CITY OF ENGLEWOOD, COLORADO; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID ASSESSMENT. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REASSESSING CERTAIN PROPERTY WITHIN PAVING DISTRICT NO. 19 AND PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID ASSESSMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylo r. Nays: None Absent: None The Mayor declared the motion carried. • • • • • The Mayor called a recess at 9:45 P.M. The meeting reconvened at 10:05 P.M. The Mayor asked for a call of the roll. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton , Taylor. Absent: None • • • • • Council received the following communications for the record. Mee tlnu: o f pt e mb e r 1 6 , l 9 '( 4 9 1974. Minutes of the Library Board meeting of September 10, Minutes of the Board of Adjustment and Appeals meetings of July 10 and August 14, 1974. Memorandum from the Chief of Police relating information about Englewood's sponsored Explorer Scout, Gary Condreay. In this regard, the Mayor asked for comments from Chief Clasby. Chief Clasby stated that Gary Condreay was an outstanding young gentleman in our community who has won a trip to New York sponsored by Crossman to compete in the National Air Rifle contest. He further explained that Gary Condreay is planning to attend Arapahoe Community College and taking their law enforcement course and hopes to join the Englewood Cadet program when he becomes of age. Chief Clasby stated that it would be appropriate for the Mayor to write a letter to Gary Condreay congratulating him on his achievements with the Englewood Explorer Post. Mayor Taylor stated that he would write such a letter. A memorandum from the Chief of Police concerning the Police Auxiliary Program. An updated report from the Chief of the Fire Department on the proposed fire training facility. Financial Report for the month of August, 1974. • • • • • Council received the following communications for the record requiring action. The minutes of the Career Service Board meeting of September 5, 197 4 , and resolutions recommending the new positions of Bookmobile Driver and Environmental Specialist. RESOLUTION NO. 35, SERIES OF 1974 A RESOLUTION RECOMMENDING A NEW POSITION OF BOOKMOBILE DRIVER. (Copied in full in the Official Resolution Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 35, SERIES OF 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor . Nays: None Absent: None The Mayor declared the motion carried. • • • • • I I I I Meet ing of Se pt e mb er 16 , 1974 10 RESOLUTION NO. 36, SERIES OF 1974 A RESOLUTION RECOMMENDING A NEW POSITION OF ENVIRONMENTAL SPECIALIST. (Co pied in full in the Official Resolution Book.) COUNCILM AN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 36, SERIES OF 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton , Tayl or. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Council received the minutes of the Board of Adjustment and Appeals meeting of September 11, 1974 and the recommendation to permit the encroachment of a portion or footings 5" wide on City property at a depth of 3 feet. Roark Associates, architect for B & H Joint Venture, has requested permission to permit the encroachment of a portion of a footing 5" wide at a depth of 3~ feet for a distance of 137 feet along the right of way of the west side of the 3400 block of South Sherman Street. The Board of Adjustment and Appeals recommends the encroachment to the Council for their consideration or approval. Mr. Ed Jennings , the Senior Engineer with Robinson Surveys, stated that an error occurred through the misinterpretation by the engineers. As a result, the building which is now in progress, is 5 inches closer to the property line than planned. He indicated that the building will comply with all building codes except for the 5-inch encroachment which is 3 feet underground. Mr. Ralph Hellum of Roark Associates, stated that no part of the building will encroach. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PERMIT THE ENCROACHMENT OF A PORTION OF FOOTINGS 5" WIDE AT A DEPTH OF 3~ FEET FOR A DISTANCE OF 137 FEET ALONG THE RIGHT OF WAY ALONG THE WEST SIDE OF THE 3400 BLOCK OF SOUTH SHERMAN STREET. Upon the call of the roll, the vote resulted as follows: Meetin~ o f September 16, 1974 11 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Council began discussion of a memorandum from Kells Waggoner concerning the proposed Navajo Street extension. Acting City Manager Waggoner stated that previously a street plan for the area south of Oxford Avenue and west of Santa Fe Drive was submitted to Council for consideration. The Council asked that the Planning Commission review these plans for probable inclusion on the Master Street Plan. Council at that time indicated that they were in favor of the Navajo Street extension. Mr. Waggoner also stated that Mr. Chavez of Sam's Auto Service was not in favor of Navajo being extended through from Oxford to Quincy Avenue at that time. Mr. Waggoner stated that at this time Mr. Chavez is now interested in Navaj o Street being projected through the area, and that he would like the Council's approval to go ahead and negotiate with Mr. Chavez over his property. Councilman Blessing stated that he was glad to see the cooperation shown by Mr. Chavez and recommended that approval be given to the negotiation. Councilman Sovern questioned the inclusion of this street in the Master Street Plan. Acting City Manager Waggoner stated that it would be appropriate to consider this for inclusion. Councilman Jones stated that this area needs access and Council should approve the negotiation. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION FOR MR. WAGGONER TO NEGOTIATE THE ACQUISITION OF NAVAJO STREET FROM MR. CHAVEZ, AND THAT THE AREA SOUTH BE APPRAISED FOR POSSIBLE FUTURE ACQUISITION. 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. • • • • • I I 'I I Meeting of September 16, 1974 12 Council began discussion of a memorandum from the Director of Finance to the City Manager relative to the bids for a new snow loading machine. Acting City Manager Waggoner explained that the City had received one bid for a snow loader to assist the current snow loading equipment utilized by the City. He recommended that the bid not be accepted. The one bid received was from Western States Machinery Company for $41,740. Councilman Sovern asked for an explanation of why no other bids were made. Mr. Waggoner stated that we just didn't recieve any other bids. Mr. Waggoner did say that the City has bought a 1953 model snow loader for parts use so they can replace some of the parts from the two current snow loaders. COUNCILMAN JONES A MOTION TO REJECT THE BID COMPANY FOR A SNOW LOADER. resulted as follows: MOVED AND COUNCILMAN CLAYTON SECONDED OF $41,740 FROM WESTERN STATES MACHINERY Upon the call of the roll, the vote Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Council began discussion of a letter from the Community Arts Symphony requesting funds for 1975. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO REFER TO THE BUDGET COMMITTEE THE REQUEST FOR FUNDS FROM THE COMMU NITY ARTS SYMPHONY. 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. • • • • • 336 Meet ing o f Sep tember 16, 1974 13 Co uncil began discussion of a letter from the League o f Wo men Voters requesting funds for 1975. COUNCILM AN CLAYTON MOVED AND COUNCILMAN BLESSING SECOND ED A MOT I ON TO REFER TO THE BUDGET COMMITTEE THE REQUEST FOR FUNDS BY THE LEAGUE OF WOMEN VOTERS. Upon the call of the roll , the vote r esulted as follows: Ay e s: Council Members Jones, Sovern, Mann, Blessing, Brown , Cl a yton , Ta ylor. Nays: None Absent: None The May or de clared the motion carried. • • • • • Council received a recommendation that an agreement be made with the Denve r Board of Water Commissioners to acquire water u sage data in conjunction with sewer billings. Ci ty Attorney Berardini stated that this agreement would permit the exhcnage o f data between the cities of Denver and Englewood. The co s t would be approximately $300-$400 per year. Councilman Blessing asked if the Water Board has looked at t h i s a g r eement . City Attorney Berardini stated that the Water Boa r d has, and that they recommend approval. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE APPROV I NG AN AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVE R, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS AND THE CI TY OF EN GLEWOOD, COLORADO, A MUNICIPAL CORPORATION, RELATING TO DATA PROCESSING OF WATER USAGE SERVICE. COUNCILM AN SOVER N MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPRO VE A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CI TY AND COUNTY OF DENVER ACTING BY AND THROUGH ITS BOA RD OF WATER COMM ISSIONERS AND THE CITY OF ENGLEWOOD, RELATING TO DATA PROCESSING OF WATER USAGE SERVICE. Upon the call of the r oll , the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown , Cla yt o n , Taylor. Nays: None Ab sent : None The Mayor declared the motion carried. • • • • • I I I I Meeting of September 16, 1974 14 Council received a recommendation creating a Volunteer Fire Department. City Attorney Berardini stated that the coJTU'D,unication was misleading in that the Volunteer Fire Department is already in existence and the committee report should recommend that the Volunteer Fire De partment be reactivated and authorize the increase to 25 members. Mayor Tayl or questioned Section 4, Paragraph 2-2-4, Future Membership Limitations, regarding the section which states that additional volunteer appointments may be made by the Chief of the Englewood Fire Department and the City Manager as needed. He felt that it was the prerogative of the City Council to make this decision with the recommendation of the Fire Department and the City Manager. City Attorney Berardini stated that a change would be made in the paragraph to read that additional volunteer appointments m,y be made by the City Council with the recommendation of the Englewood Fire De partment and the City Manager as needed. Councilman Sovern asked that the Bill include the wording, "and declaring an emergency". INTRODUCED AS A BILL BY COUNCILMAN BROWN. A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE II, OF THE 1969 E.M.C. RELATING TO THE ENGLE WOOD VOLUNTEER FIRE DEPARTMENT, AND DECLARING AN EMERGENCY. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A OTIO N TO APPROVE A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE II, OF THE 1969 E.M.C. RELATING TO THE ENGLEWOOD FIRE DEPARTMENT AND DECL ARING AN EMERGENCY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton , Tayl or. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Council received a recommendation for a Bill for an Ordinance authorizing an agreement with the Regional Transportation District for the purchase of the City bus system. 338 Meeting of September 16, 1974 15 City Attorney Berardini recommended that action be taken on retianing one of the buses in the Englewood system as discussed in an earlier Council meeting. Assistant City Manager Mccown stated that we have four buses which are in the agreement. Two buses were purchased with I Federal funds, two buses were purchased with local funds. One of the buses purchased with local funds is an old bus, and one is a new mini-bus. The one bus that can be kept by the City must be one that was purchased with City funds. Councilman Sovern inquired about the status of the employees presently employed in the Englewood system. Mr. Mccown stated that while pensions would be lost, the RTD would be offering them a package which was equal to or better than the package that they presently have. None of the present employees has a vested interest in the pension plan. Councilman Blessing stated that he would like more study on this situation, because Mr. Romans of the Parks and Recreation Department has indicated that his department could utilize the buses almost continuously. Mayor Taylor also indicated that he saw many uses for the buses on an almost daily basis and it would be bad economics to sell the b u s for the amount that the RTD would pay us. To replace this b u s, it would cost us, in his opinion, $30,000 to $40,000. Councilman Brown stated that the Planning and Zoning Commission could effectively utilize a bus to take group trips instead of trips in cars to view the various portions of the City. Councilman Sovern stated that an entire economic study should be undertaken to see how we could best utilize a bus. COUN CILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE ACTION ON THIS BILL UNTIL THE OCTOBER 7th COUNCIL MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • I I I Meeting of September 16, 1974 16 Council received a . recommendation for a Bill for an Ordinance authorizing an agreement with the City of Monte Vista to provide emergency police services to that City. Chief Clasby stated that he had received a request ~rom the Governor, which was sent to other cities as well, for cooperation in assisting Monte Vista with their police situation. He stated that Monte Vista had had several resignations in their police department and, as such, did not have a department at this time. In response to the Governor's request, Chief Clasby has sent Sgt. Bill Belt to participate in this program. Councilman Mann expressed his concern over the fact that Chief Clasby acted without the expressed consent of the Council. He felt that with a decision of this magnitude, if nothing else, Council members could be polled by phone to get their feelings on a matter of this type. Chief Clasby explained that there was urgency in the request and that action was taken with the approval of the Assistant City Manager. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF MONTE VISTA, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR THE LOAN OF LAW ENFORCEMENT PERSONNEL COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF MONTE VISTA, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO FOR THE LOAN OF LAW ENFORCEMENT PERSONNEL. 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. I I I I I Council received a recommendation denying the application for a 3.2 beer license for the Sizzler Steak House, 5151 South Broadway. Councilman Blessing inquired if the Sizzler organization had been informed of the Council's decision. City Attorney Berardini Meet ing of September 16, 1974 17 replied in the negative, that no legal requirement existed to inform the Si zz ler. Findings will be mailed to the Sizzler organization by cert ified mail. Council members agreed that in the Sizzler's initial application, that no sufficient evidence was given by them that a 3 .2 beer outlet was necessary in this area. RESOLUT ION NO. 37, SERIES OF 1974 A RESOLUTION DENYIN G THE APPLICATION OF SAHARA SIZZLER, INC., A NEVADA CORPORATION , D/B/A SIZZLER FAMILY STEAK HOUSE FOR A 3.2 PER CENT FERMENTED MALT BEVERAGE LICENSE TO BE LOCATED AT 5151 SOUTH BROADWAY, ENGLEWOOD , COLORADO. (Copied in full in the Official Resolution Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 37, SERIES OF 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Coun cil Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Tayl or. Nays: None Absent: None The Mayor declared the motion carried. • • • • • City Attorney Berardini stated that there would be a hearing on the valid ity of the annexation on September 30th in the Council Chambers at 8:00 P.M. • • • • • Council received a memorandum from Richard Lorig, the City Personnel Director , regarding the Fair Labor Standards Act. The memorandum is asking direction from the City Council on whether to back William Armst rong's amended Bill in Congress or to ask for an exemption which would have to come from the City Manager or the City Council. Th e memo indicates that this problem is a pressing one due to the fact that we, like Colorado Springs, are in non-compliance wit h the Act because of our scheduling. Mayor Taylor stated that he was unfamiliar with the Fair Labor Standards Act and what the real implications of the Bill were, and was not in favo r of taking a stand at this time. He stated that he wanted more time to digest the full text of the Act so that he could make a good recommendation. He stated, however, that he would go along with the wishes of the Council. I I I I Meeting or September 1 6 , 1974 18 Assistant City Manager Mccown stated that there was a certain urgency in taking some action on this as the Bill was coming up before Co n gress. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION THAT A LETTE R BE WRITTEN IN SUPPORT OF THE ARMSTRONG AMENDMENT TO THE FA IR LABOR STANDARDS ACT TO BE SIGNED BY THE MAYOR. Upon the call of the roll, the vote resulted as follows: Ayes: Counc i l Members Jones, Sovern, Blessing, Brown, Clayton . Nays: Cou n c i l Members Mann, Taylor. Absent: None The Mayor declared the motion carried. • • • • • Council rec eived a memorandum from the Director of Finance concerning t h e Conservation Tru s t Fund. The memo states that the City has received $11,696.56 from the State of Col orado distribution of the conservation trust fund . Its uses are f o r acqu isition, development, and maintenance of new conservation s it es . Se l ection of the priority of these funds should be determ i n e d by City Council. Acting City Ma n a g er Waggoner stated that the money had been put into the Con servation Trust Fund and that no recommendations have been received f rom Mr . Romans as yet. A letter has been received from City Park s i n dicating that they want to sod Floyd Park instead of seed ing i t . The cost of this project would be $12,400 . Councilman Brown stated that this would be an excellent use for the Conservat ion Tr u st Fund monies. Councilman Clayton inquired about using the Conservation Trust Fund for the pu rchas e of the Skerritt House. City Attorney Berardini stated that th is did not fall in the criteria set down for the use of the fu nds. Councilman Sovern stated that he felt the money could be put to better use and that the sodding of Floyd Park was not a priority project . Councilman J o n es s tated tha t it would be best to get the opinion of the Par k s and Recreation Commission before taking any action on the use of the Conservation Trust Fund. 342 Meeting of September 16 , 197 4 19 COUNCI LMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION THA T THE PARKS AND RECREATION DEPARTMENT USE THE CONSER- VATION TRUST FUND FOR THE SODDING OF FLOYD PARK. Upon the call of the r oll , the vote resulted as follows: Ayes : Council Members Mann, Blessing, Brown, Taylor. Nay s : Council Members Jones, Sovern, Clayton. Absent: None The Ma y or d e clared the motion carried. • • • • • Counc i l received a Resolution amending the 1974 budget to p r ov i d e f or a dditional manpower in the Fire Department Budget. RESOLUTI ON NO. 38, SERIES OF 1974 A RESOLUT I ON APPROPRIATING FUNDS IN THE GENERAL, WATER, SEWER, RECREATION AND REVENU E SHARI NG FUNDS. (Copie d in full in the Official Resolution Book.) COUNCILM AN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APP RO VE RESOLUTION NO. 38, SERIES OF 1974. Upon the call of t h e roll , the vote resulted as follows: Ayes : Council Members Jones, Sovern, Mann, Blessing, Brown , Clayton , Taylor. Nays: None Absent: None The Mayor declared t he motion carried. • • • • • At a prev iou s Council meeting it was decided to carry on discussion of a n a d visory council on a g ing for the City of Englewood . Councilman Sovern stated that he felt that the group that Englewood was try ing to establish and the one that Mrs. Holland ha d discu ssed previously at a Council meeting were possible du p licat ions. Mrs. Holland stated that this was not a duplication , but tha t the advisory council on aging would be one for the City o f En g lewood. The council that she is proposing would be a coordinating agency for all of the senior citizen I I I I or September 16, 1974 20 activities within the County. She asked that the City Council approve the formation of the advisory council on aging for the City of Englewood. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE ACTION ON THE ADVISORY COUNCIL ON AGING TO THE MEETING OF OCTOBER 7th. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton. Nays: Council Members Mann, Taylor. Absent: None The Mayor declared the motion carried. • • • • • At a previous Council meeting it was decided to discuss the City Hall Monday night openings. Mayor Taylor stated that the City Council had had plenty of time to evaluate the service being rendered by City employees on the Monday night opening. The initial proposal was to keep the City Hall open for a period of six months on a trial basis to see if it was worthwhile having the City Hall open on Monday nights. Councilman Sovern felt that the Building and Finance departments were providing a service. Individuals were utilizing the service to take out building permits, to ask about building permits, and to pay bills. He felt that the program should be continued with only the Finance Department and the Building Department participating. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DISCONTINUE KEEPING THE CITY HALL OPEN ON MONDAY EVENINGS. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED AN AMENDMENT TO THE MOTION THAT THE BUILDING DEPARTMENT AND THE FINANCE DEPARTMENT BE OPEN ON MONDAY EVENINGS UNTIL 8:00 P.M. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Clayton. Nays: Council Members Jones, Mann, Blessing, Brown, Taylor. Absent: None The Mayor declared the amended motion defeated. Meeting of Septemb e r 1 6 , 21 The vot e on the original motion by Councilman Blessing, secon d ed b y Co unc ilman Brown to discontinue keeping City Hall open on Mond a y even i ng s resulted as follows: Ayes: Council Members Jones, Mann, Blessing, Brown, Taylor . Nays : Council Members Sovern, Clayton. Absent : None The Mayo r declar ed the motion carried. • • • • • Act ing City Manager Waggoner received a contract agreement f r om the United States of America for recreation and fish a nd wi l d l i fe of the South Platte River channel. He stat e d that we need a letter of intent that we propose purc ha se of the property on a cost sharing basis, our share being 50%. He stat e d t hat this would be beneficial to the City because of the Greenbelt . Ma yor Ta ylor directed that a letter be sent. Act i ng City Manager Waggoner stated that contractors are dump ing fill in the area along the South Platte, and that the Public Se rvice Co mpany has been stopped from dumping fly ash there. The City p resentl y does not have any way of pushing this material into the fill area . He stated that the City has found a Euclid C-6 crawler tractor which can be purchased for $9,750. The funds for the purcha se of this machine would be available from the river develop- ment fund . He felt that the purchase of the machine would be economi c ally feas ible because the machine could be sold after its use . This would el iminate the need for renting a machine, and personnel , which i s expensive. The City presently has personnel to ope r ate the mac hine. COUNCILM AN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO PURCH ASE THE DESCRIBED EUCLID C-6 CRAWLER FOR $9,750. Up on t he c a ll of the roll, the vote resulted as follows: Aye s : Council Members Jones, Sovern, Mann, Blessing, Brown , Clayton , Taylor. Nays: None Absent: None The May or declared the motion carried. • • • • • I I I I Meeting of Se ptemb er 16 , 1974 22 Mayor Tayl or stated that we should think about picking up the option of the Public Service land which is being considered for development of the golf course. City Attorney Berardini stated that the option expires October 1st, and a motion to execute the option is in order. He stated that we should also ask for an extension of the option time. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO EXECUTE THE OPTION WITH THE PUBLIC SERVICE COMPANY PURSUANT TO THE AGREEMENT PRESENTLY IN FORCE, AND IF NECESSARY, TO EXTEND THE OPTION PERIOD ON THAT OR OTHER PARCELS WHICH THE CITY HOLDS OPTIONS ON . Upon the call of the roll, the vote resulted as follows: Ayes: Counc i l Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor . Nays: None Absent: None The Mayor declared the motion carried. • • • • • Councilman Sovern brought to the attention of the Council a possibility that the City fire insurance rates could be lowered from a 6 to a 4 . This could be done by looking into the possible hazards that might exist in the area of stored materials in several of the City's facil ities. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPOINT A COMMITTEE TO INVESTIGATE THE FIRE CODES WITH SPECIFIC REFERENCE TO FIRE HAZARDS. THE COMMITTEE IS TO BE COMPOSED OF TWO PEOPLE FROM THE FIRE DEPARTMENT, ONE OF WHICH IS LT. BOSTON, MR. BROKATE , MR . SUPINGER, TWO CITIZENS, ONE USER, AND COUNCILMAN SOVERN . Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Tayl or. Nays: None Absent: None The Mayor declared the motion carried. • • • • • COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ADJOURN . Upon the call of the roll, the vote resulted as follows: Meeting of September 16, 1974 23 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the meeting was adjourned at 12:05 A.M. Clerk I I