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HomeMy WebLinkAbout1980-08-18 (Regular) Meeting MinutesREGULAR MEETIRG: COURCIL CHAMBERS CITY OF ERGLEWOOD, COLORADO Auguet 18, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular seeeion on August 18, 1980, at 7:30 p.m. Mayor Otie, preeiding, called the meeting to order. The invocation wae given by Reverend Clayton Nietfeld, Grace Lutheran Church, 4750 South Clarkson Street. The pledge of allegiance wae led by Jr. Girl Scout Troop #590. Mayor Oti• aaked for roll call. Upon a call of the roll, the following were preeent: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradehaw, Otie. Absent: Rone. The Mayor declared a quorum present. * * * * * * Aleo preeent were: City Manager Mccown Assistant City Manager Wanush City Attorney Berardini Deputy City Clerk Watkins * * * * * * City Manafer McCovn noted corrections to the minutes of the regular meet ng of August 4, 1980. COURCIL MEMBER KEENA K>VED TO ACCEPT THE MINUTES OF THE REGULAR MEETIRG OF AUGUST 4, 1980, WITH THE FOLLOWING AMENDMENTS: 1) OR PAGE 7, LAST PARAGRAPH -PLACE A PERIOD AFTER "CODE" IN THE THIRD LIRE ARD ELIMINATE THE REMAINING. PART OF THE SENTENCE; AND 2) OR PAGE 10, CORRECT THE SPELLIRG TO JUDGE "EASON". Council Member Bilo eeconded the motion. Upon a call of the roll, the vote reeulted ae follow•: Ayes: Naya: Abstain: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otis. None. Council Member Bradshaw. August 18, 1980 Page 2 The Mayor declared the motion carried. * * * * * * Pre-scheduled viaitora Arthur J. Seifert of the law firm Sherman and Howard, 2900 First of Denver Plaza, Denver, appeared before Council. Mr. Seifert stated he represented U.S. Industriea, Inc., concerning an industrial development bond issue for industrial development in the City of Englewood. Mr. Seifert presented a resolution of intent that would set forth the issuance of $3.5 million in industrial development bonds and asked that Council adopt it. Ed Brelin8ky, Assistant Treasurer, U. S. Industries, Inc., appeared before Council. Mr. Brelinsky outlined the pro- ject and why he thought it would benefit the City of Englewood. Troy Carter, president of Essex Company, appeared before Council. Mr. Carter diacusaed the rationale behind issuing industrial development bonds and the benefits derived from them. Council discussed this matter at length with Messrs. Brelinsky and Carter aa well as the expenses incurred on the part of the City to get involved in this type of bond issue, i.e. application fee. Steve Bell, Hanifen, Imhoff and Samford, Inc., fiscal advisor for the City of Englewood, appeared before Council. Mr. Bell stated the aaseaament in determining the amount for an appli- cation fee could be baaed on different criteria. He stated he would investigate the matter so Council could be in a situation that was competitive with other entities in the metro area and the State of Colorado. Mr. Bell further stated he felt the repre- sentatives from U.S. Industries, Inc., would be willing to accept the inducement resolution passage with understanding the fact that Council would present to them in the future some kind of fee that would be fair. Mr. Bell stated that U. S. Industries, Inc., was a credit worthy corporation. RESOLUTION NO. 38 SERIES OF 1980 A RESOLUTION SETTING FORTH THE CITY OF ENGLEWOOD'S INTENT TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR U. S. INDUS- TRIES, INC. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 38, SERIES OF 1980. Council Member Higday aeconded the motion. August 18, 1980 Page 18 Council Member Keena spoke in favor of passing the resolution even though she noted the contingent fee was still at issue and would have to be resolved. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * Pre-scheduled viaitor, C. A. Brown, 2743 South Acoma, appeared before Council. Mr. Brown discussed circumstances he witnessed involving drug dealing, prostitution and misuse of City equipment. Mayor Otis thanked Mr. Brown for bringing these items to the attention of Council. Mayor Otis stated staff had been instructed to investigate and report back to Council at a study session in September and that Mr. Brown would be invited to attend. * * * * * * Mayor Otis asked if there was anyone else wishing to speak to Council. Art Patterson, 4913 Chenango Circle, appeared before Council. Mr. Patterson discussed the problems with some teenagers that have been happening on Broadway from Mansfield to Littleton. Mr. Patterson asked if any action was going to be taken to allevi- ate the problems. Council Member Higday stated Council would be consider- ing an ordinance creating a curfew. * * * * * * George Jones, 4561 South Lincoln, appeared before Coun-I cil. Mr. Jones discussed the problems along South Broadway. Mr. Jones stated he was interested in eliminating the noise in par- ticular. In response to City Attorney Berardini's question, Mr. Jones stated he would be willing to register a complaint in this matter and would come down and talk to the City's prosecuting at- torney about it. * * * * * * I August 18, 1980 Page 4 "Co11111Unicationa -No Action RecoDIDIDended" on the agenda were: (a) (b) (c) (d) Minutes of the Housing Authority meeting of June 25, 1980. Minutes of the Board of Adjustment and Ap- peals meeting of July 9, 1980. Minutes of the Public Library Board meeting of July 9, 1980. Municipal Court Activity Report for the month of July, 1980. COUNCIL MEMBER KEENA MOVED TO APPROVE "COMMUNICATIONS - NO ACTION RECO)lil!NDED" AGENDA ITEMS 5A -SD. Council Member Brad- shaw seconded the motion. Council Member Keena asked for a copy of the six condi- tions referred to by the Board of Adjustment and Appeals. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 30 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE REPEALING AND REENACTING CERTAIN SECTIONS OF THE HOUSING CODE OF THE CITY OF ENGLEWOOD, COLORADO, CHAPTERS 3 AND 8, TITLE VII, OF THE '69 ENGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1980, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. August 18, 1980 Page 5 Nays: None. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE XI, CHAPTER 1, SECTION 2, BY ADDING A NEW SUBSECTION AUTHORIZING THE POLICE CHIEF TO ISSUE CONCEALED WEAPON PERMITS TO POLICE OFFICERS, MEMBERS OF THE RESERVE POLICE FORCE, COURT MARSHALLS ARD TO OTHER POLICE DEPARTMENT PERSONNEL. COUNCIL MEMBER BILO K>VED TO PASS COUNCIL BILL NO. 34, SERIES OF 1980, OR FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brads6aw, Otis. None. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING TWO CORTRACTS BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGH- WAYS, CONCERNING INSPECTION, RATING AND INVENTORY OF BRIDGES ON THE FEDERAL-AID URBAN SYSTEM AND OR OFF-SYSTEM ROADS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1980, OR FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: August 18, 1980 Page 6 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, ROM R-1-C, SINGLE-FAMILY RESIDENCE, TO R-2-C, MEDIUM-DENSITY RESIDEHCE, ARD AMENDING THE OFFICIAL ZON- ING MAP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 36, SERIES OF 1980, OR FIRST READING AND TO SET THE PUBLIC HEARING DATE FOR OCTOBER 14, 1980, AT 7:00 P.M. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted aa follova: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorne1 Berardini preaented Council Bill No. 37 which referred to modifying the existing code regarding curfew. Mr. Berardini stated the propoaed bill made it a violation of the code for persona under the age of 18 years to remain on any street, alley, or any public place aubaequent to 11:00 p.m. with certain exceptions; and alao made it unlawful for the parent or guardian or other person having custody of the child under the age 18 years to allow or permit such child to remain on any street, alley or any public place subsequent to 11:00 p.m. or prior to 5:00 a.m. with certain exceptions. The intent of the bill was to raise the age from the present 16 yeara and under to 18 years and under. August 18, 1980 Page 7 Council diacuaaed this bill at length with Captain Leon Mull of the Englewood Police Department regarding enforce- ment and alignment with other coanunities. Council also dis- cussed the need for declaring passage of this ordinance on an emergency basis. The matter of timeframe under which the ordinance would be passed on an emergency basis and published was dis- cussed. Mayor Otis declared a recess at 9:10 p.m. Council reconvened at 9:25 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Hifday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Ot s. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 8, ENTITLED 'OFFENSES INVOLVING CHILDREN', TITLE XI OF THE '69 ENGLEWOOD MUNICIPAL CODE RELAT- ING TO CURFEW. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1980, ON FIRST READING. Council Member Neal seconded the motion. In response to Council Member Higday's question, City Attorney Berardini stated during the recess he researched the charter provision relating to emergency passage of council bills. Mr. Berardini stated the bill could be considered again on second reading seven days from publication. The earliest date the bill could be considered again would be August 28th. COUNCIL MEMBER NEAL K>VED TO AMEND THE MOTION TO IN- CLUDE THE EMERGENCY CLAUSE AND SET A SPECIAL MEETING DATE OF 7:00 P.M. ON AUGUST 28, 1980, FOR THE PURPOSE OF CONSIDERING THE ORDINANCE ON SECOND READING. Council Member Higday sec- onded the motion. Upon a call of the roll, -the vote resulted as follows: August 18, 1980 Page 8 Ayea: Maya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. Rone. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion reaulted aa followa: Ayea: Maya: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a copy of a summons and petition document in condemnation by the Board of County Connis- sioners v. the lntermountain Rural Electric Association, City of Englewood et al. Mr. Berardini stated the action was to acquire a parcel of land acroaa from the county court house. The City had been joined in the action because it had an interest in the City Ditch which adjoin• the property on the west. Mr. Berardini stated he had talked to the attorney• who state they are not in- terested in securing any right• of the City Ditch and made the exception in the docwnent. Mr. Berardini stated the City has no further interest other than an easement for the City Ditch, the City should file a waiver and not become involved. If the County presumes to take any property right of the City then Council should resist on the baaia that the County ia without authority to do so. Mr. Berardini stated he would verify if the City has a right other than the easement and would report that to Council and make neces- sary reco11111endation. Council Member Meal suggested obtaining a written statement that the County does not desire exercising the securing of any rights. * * * * * * City Manager Mccown preaented a Council ColllllUnication concerning consideration of amending the snow removal ordinance. Mr. Mccown reconaended that the City Council direct the City At- torney's office to prepare an ordinance amending Article V, Chap- ter 2, Title XII of the Englewood Municipal Code requiring the owner to remove any snow from sidewalks contiguous to their pro- perty. Mr. Mccown requeated that the section be deleted requir- ing the Chief of Police to have the sidewalk cleared and that August 18, 1980 Page 9 an ordinance be prepared which would allow the City to cite the persons who did not have the snow or ice accumulation cleared. Mr. Mccown further reco11111ended that the snow be removed somewhere between six and 24 hours. COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE IN ACCORDANCE WITH STAFF'S RECOMMENDATIONS AND CHANGING THE TIME PERIOD FOR SNOW REMOVAL TO 12 HOURS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Co11111Unication concerning the Bi-City Waatewater Treatment Plant expansion. Mr. Mccown stated the current joint venture bi-city plant has reach- ed close to capacity and the pressure for growth for both the Cities of Littleton and Englewood service areas is continuing. He stated the cities have proceeded with doing the 201 study and are at the standpoint whereby they need to go ahead and hire an engineering firm to do the de1ign engineering second phase expan- sion of the sewer plant. City Manafer Mccown noted it had been discussed doing this without federa funding because it appears there will be substantial delay• in the project, perhaps as much as two years if federal fund• are requested. Mr. Mccown recom- mended the following: 1) that Council proceed contracting for the engineering design of the plant to take the process through design up to the bidding point and it included only secondary treatment, the fee of the contract would be split on a 50/50 basis with the City of Littleton and was estimated to be $700,000 each; 2) that next year when ready to go to bids, then Council would co111Dit to working with the City of Littleton in reviewing the master agreement on the plant -construction of the original plant and that perhaps amendments could be considered at that time which would change the capacity requirements for both entities in that particular plant; 3) that Council co111Dit to a policy of providing the necessary funds to construct this plant, the engineer- ing work, etc., without the aasistance of federal funds unless auch assistance should be available between the time the engineer- ing contract is issued and the time to go to bid, and at that point and time if it doe• not become available Council can recon- sider. Mr. Mccown atated thi• meant Council would be committing August 18, 1980 Page 10 to a tap fee of no leaa than $1,100 compared to the current $800 if not successful in getting federal fund• within the next year. In responae to Co~ncil Member Bilo's question, City Manager McCown explained the current Bi-City Wastewater Plant was constructed with tap fees. The monthly sewer charges that are assessed to the citizens of Englewood and Littleton as well as all the sewer districts pay for the operation and maintenance of the plant. They do not pay for construction. The $1,100 fee is the tap fee and would be assessed to each person who taps onto the sewer syatem. COUNCIL MEMBER NEAL t«>VED TO ACCEPT THE RECOMMENDATIONS FROM THE CITY MARAGER AGENDA ITEM SB REGARDING EXPANSION OF THE BI- CITY TREATMENT PLAIT FOR THOSE RECOMMERDATIONS REGARDING AUTHORIZ- ING THE ERGINEERIRG DESIGN BASED OR 50/50 SPILT WITH THE CITY OF LITTLETON AND TO ACCEPT THE THREE POINTS IN THAT COMMUNICATION. Council Member Keena aeconded the motion. Upon a call of the roll, the vote resulted ae follove: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Fitzpatrick advised Council to increase the tap fees as soon a• poasible so the current surplus would not be depleted quickly. * * * * * * City Manager Mccown preaented a Council Conmunication concerning the statu• of the street division budget and the rea- sons for over expenditure. Mr. Mccown stated additional monies should be appropriated to the fund becauae the streets must con- tinued to be maintained. Senate Bill 48 which is an appropriation bill addreasea the problem the street budget is experiencing. The bill appropriated money into the highway uaers fund to be distri- buted to the state, counties, and municipalities. Under this legislation, Englewood would receive $160,000 which must be used for street program. Mr. Mccown reco1111ended that $134,000 be appro- priated to the General Fund -Street Diviaion budget and the re- mainder money be placed in the Public I,rovement Fund for over- lay or sealcoat programa and conaidered ater in the six-quarter budget. August 18, 1980 Page 11 RESOLUTION MO. 39 SERIES OF 1980 A RESOLUTION AMEMDIMC THE GERERAL FUND. COUNCIL MEMBER BILO t«>VED TO PASS RESOLUTION MO. 39, SERIES OF 1980. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, .Otis. Mone. The Mayor declared the motion carried. * * * * * * City Manager Mccown announced the resignation of Gary Diede, Director of Engineering Servicea. Mr. Mccown stated Mr. Diede had accepted the poaition of Director of Public Works for the City of Wheat Ridge, Colorado. * * * * * * Council Member Fitzpatrick referred to the problems with teenagers loitering on South Broadway mentioned earlier in the meeting. Mr. Fitzpatrick auggeated the formation of an ad hoc co11111ittee to study the problem and make reco11111endations on where the teenagers could go inatead. * * * * * * There was no further buaineaa to be discussed. * * * * * * COUNCIL MEMBER HIGDAY t«>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:50 p.m.