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HomeMy WebLinkAbout1980-12-08 (Regular) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Decerr.ber 8, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, net in special session on Decerr.ber 8, 1980, at 7:30 p.m. Mayor Otis, presiding, called the rr.eeting to order. The invocation was f iven by Council Member Thomas Fitzpatrick. The pledge of al egiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Men.hers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorUJl present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush Acting City Attorney DeWitt Director of Finance/ex officio City Clerk-Treasurer Higbee Assistant Director of Finance Lowry Assistant Director of Connunity Development Romans Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER ICEERA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 17, 1980. Council Men.her Bilo seconded the notion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Men.hers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the notion carried. * * * * * * I Decenber 8, 1980 Page 2 COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF NOVEMBER 24, 1980. Council Member Bilo seconded the rrotion. 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. * * * * * * Mayor Otis presented Assistant Director of Finance John Lowry with the Municipal Finance Officers Association Award of Fi- nancial Reporting Achievement for the year 1979. Mayor Otis stated this award was the hifhest forrt of recognition in governrr.ental ac- counting and financia reporting and its attainment represented a significant accorrplishn:ent by a governrr.ental unit and its rtanage- ment. Mr. Lowry thanked Council for this recognition. * * * * * * Pre-scheduled visitor, Larry Dunlap, 8204 South Jackson, Littleton, appeared before Council. Mr. Dunlap stated he repre- sented the Mylon C. Jacobs Supply Company, Inc. in a request to Council to issue industrial revenue bonds for a warehouse facility at 2614 South Raritan Circle, Englewood, Colorado. Mr. Dunlap stated the company has outgrown the present facility and need to expand. COUNCIL MEMBER KEENA MOVED TO INSTRUCT STAFF TO PRO- CEED WITH THE ISSUANCE OF INDUSTRIAL REVENUE BOND REQUEST FOR MYLON C. JACOBS SUPPLY COMPANY, INC. Council Mertber Fitzpatrick seconded the rtotion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Mertbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * Decenber 8, 1980 Page 3 Pre-scheduled viaitor Jim Brenneman, Director of Arapahoe House, appeared before Council. Mr. Brenneman re- quested an increaae in the 1981 budget contribution to Ara- pahoe House. Mr. Brennerran explained some of the fiscal problems the detox center waa experiencing. Mr. Brenneman stated he had aubrritted a letter to the City Manager request- ing $7,000 for 1981. Council Member Fitzpatrick pointed out that the Inter Faith Taak Force and the Arapahoe House were the only agencies not cut for 1981. Also, that Council would have to see what revenues were carting in before determining whether or not the contribution to Arapahoe House would be increased. Council Men.her Higday spoke empathetically towards Mr. Brennertan's requeat and auggested investigating the avail- ability of funds from other sources. Mr. Brennertan stated the center will not always be publicly funded and will have to work with third party payments more specifically insurance companies. Mr. Brennen.an atated he wanted to bring these pro- blens before Council for future consideration and to notify them that the county had not increased its contribution either. * * * * * * There were no other pre-scheduled visitors. * * * * * * No other visitors were allowed to speak since this meeting was under the special status. * * * * * * COUNCIL MEMBER ltEENA K>VED TO OPEN THE PUBLIC HEAR- ING CONCERNING ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, COLORADO, 1-1, LIGHT INDUSTRIAL DISTRICT, AND AMENDING ZONING MAP IN ACCORDANCE, THEREWITH. 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, Bradshaw, Otis. None. Decertber 8, 1980 Page 4 The Mayor declared the rtotion carried·. Assistant Director of Conn.unity Developr.ent, Dorothy Rortans, 3600 South Bannock, appeared before Council and testi- fied that to the beat of her knowledge the property was posted on Novettber 21, 1980, and rea.ained on the site for the proper anount of days. That notice of this hearing was published in Englewood Sentinel. That the Planning and Zoning Comllission had hearings on this natter and aubrtitted its findings to the Council. That the findings would be made part of this record. There was no one to speak in favor of this matter. There was no one to speak against this rr.atter. COUNCIL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEAR- ING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Mertbera Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the rr.otion carried. ORDINANCE NO. 55 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, COLORADO, 1-1, LIGHT INDUSTRIAL DISTRICT, AND AMENDING ZONING MAP IN ACCORDANCE THEREWITH. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 62, SERIES OF 1980, ON FINAL READING. Council Member Bradshaw sec- onded the rtotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Mertbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the rtotion carried. * * * * * * Decertber 8, 1980 Page 5 COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEARING SETTING FORTH THE PARAMETERS OF THE UPCOMING SINGLE FAMILY MORTGAGE REVENUE BORD PROGRAM OF THE CITY OF ENGLEWOOD, COLORADO. Council Menber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Menbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis; None. The Mayor declared the motion carried. City Manager Mccown stated this ordinance setting forth the paran:eters which would set up a single family mortgage revenue bond program was presented for public corr.ment. Mr. Mccown noted that staff was recomr.ending approval of the program. Ton Bishop, 10756 E. Crestline, fron. Hanifen, Imhoff, Inc., appeared before Co uncil to discuss th program. Mr. Bishop testi- fied the rr.ortgage rate was not firn.. He stated this provision was part of the parameters because it probably would not be feasi- ble to do the project at a higher rate than 12i; but pointed out that it night be possible to do the project at a lower rate. Me. Bishop furhter testified there would be new legislation after the first of the year that should approve this program. Mayor Otis asked if there was anyone in the audience wishing to speak in favor of the program. No one responded. Mayor Otis asked if there was anyone in the audience wishing to speak against the progran:. Ralph Baker, 3907 South Cherokee, appeared before Council. Mr. Baker asked Mr. Bishop whether the bond program was available to only owner-occupied applicants needed the loans the most; whereas, investors used the money to buy incone property. Mr. Bishop stated the intent was to loan the Roney to single-fan:ily, owner-occupied applicants; however, it was hard to control the fact that the houses may be resold or rented out af er there was sane period of owner-occupied tine involved. Decenber 8, 1980 Page 6 Mayor Otis pointed out the intention was clearly pointed out in the pararr.eters under Section 1 (n) • David Wilkins, 1105 W. Princeton Place, appeared before the Council. Under oath, Mr. Wilkins asked if there was certain artount of tine for occupancy of hon:e before a person could resell the hone. Mr. Bishop stated that requirenent was too difficult to control. Council Menber Neal stated he was very interested in restricting this progrart to owner-occupied residences. Mr. Neal stated problens arise on how to enforce this requirenent when one can not foresee how long an applicant may live in the home and it could becorte so restrictive that the narket may becone linited. Mr. Neal stated this progran: was not designed for the benefit of inveatora but if 80~ of the proceeds could bene- fit the target people then it would be worth it. Council Member Keena stated about the only place where there was any control was the bank in processing the original application. At that point and time, there was a substantial artount of financial disclosure. Ms. Keena stated the odds of an individual receiving the loan, turning around in six ~onths to buy the second house and renting out the first one would be slim. There were no further connents. COUNCIL MEMBER KEENA MOVED TO CLOSE THE PUBLIC HEAR- ING. Council Member Bilo seconded the notion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the notion carried. ORDINANCE NO. 56 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER HIGDAY Decenber 8, 1980 Page 7 AN ORDINANCE SETTING FORTH THE PARAMETERS OF THE UPCOMING SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM OF THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1980, ON FINAL READING. Council Menber Keena seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: were: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * "Comr.unications -No Action Recorrnended" on the agenda (a) Minutes of the Board of Adjustment and Appeals rr.eeting of October 8, 1980. (b) Minutes of the Denver Regional Council of Governnents neeting of October 15, 1980. (c) Minutes of the Board of Career Service Corrnissioners meeting of October 16, 1980. (d) Minutes of the Water and Sewer Board meetings of October 28 and Novenber 12, 1980. (e) Minutes of the Housing Authority meeting of October 29, 1980. (f) Minutes of the Liquor License Authority meeting of Novertber 5, 1980. (g) (h) (i) (j) Minutes of the Planning and Zoning Comr.ission meetings of November 5 and 18, 1980. Minutes of the Public Library Board neeting of Novertber 12, 1980. Minutes of the Downtown Developnent Authority meeting of November 12, 1980. Minutes of the Parks and Recreation Corm.is- sion meeting of Novertber 13, 1980. December 8, 1980 Page 8 COUNCIL MEMBER DENA ll>VED TO ACCEPT "COIHJNICATIONS - NO ACTION RECO*ERDED" AGERDA ITEMS 5(A) -5(J). Council Mem- ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follow•: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Aaaiatant City Manager Wanuah preaented·a Council Com- munication from the Water and Saver loard concerninf a request from the Greenbelt Sanitation Diatrict to annex add tional land into its service area. Mr. Wanuah explained the backaround for this request and atated the Board racOmDendad approval. COUNCIL MEMBER BRADSHAW IEVED TO ALLOW THE DISTRICT TO ANNEX THE AREA DESCRIBED AS SUPPLEMIRT 12 'l'O THE GIEENBELT SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Xeena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council ColllDUnication from the Planning and Zoning Conniasion meeting of December 2, 1980, con- cerning the findings of fact for 4545 South Osage Street and 1501 West Tufts Avenue. COUNCIL MEMBER KEENA K:>VED TO RECEIVE THE FINDINGS OF FACT. 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. * * * * * * December 8, 1980 Page 9 Mayor Otis preaented a Council Co11111Unication from the Director of Engineering Services concerninf an agreement with the Urban Drainage and Flood Control Distr ct whereby they will I reimburse the City for 501 of the purchase price of the land at Clarkson and Jefferaon Drive as it relates to the plan for im- provements to Little Dry Creek. COUNCIL MEMBER BRADSHAW i.>VED TO IHSTRUcr THE ACTING CITY ATTOIREY TO PREPARE AH ORDIRMCE APPIOVIRG THE CONTRACT. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted aa follow•: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. · None. The Mayor declared the ..,tion carried. ORDINANCE NO. 57 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 IRftODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEl«>OD, COLORADO, FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO R-2-C, MEDIUM-DENSITY RESIDENCE, AND AMENDING THE OFFICIAL ZONING MAY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 36, SERIES OF 1980. Council Member Neal seconded the motion. Council Member Fitzpatrick spoke in oppoaition to this ordinance. Mr. Fitzpatrick stated he waa not convinced that the property could only be utilized aa medium density. He stated rezoning the area would be apot zoning in his opinion. Council Member Bilo spoke in oppoaition. Mr. Bilo stated the rezoning deviated from the Comprehensive Plan and degenerated the single-family concept. Council Member Keena spoke in favor of passing the ordinance. Ma. Keena stated there ••• compatiule zonhig around this area; 651 of the people on the block wanted it rezoned; and the Planning and Zoning Coaaieeion reconaended approval to rezone. December 8, 1980 Page 10 Council Member Bradshaw spoke in favor of passing the ordinance. Ma. Bradshaw stated she did not feel it was spot zon- ing because there were three different types of zoning surround- ing subject block. Ma. Bradshaw stated in checking with the Pub- lic Works Department, the zoning would not have any effect on the existing water lines. She stated there could be a point where preserving single family residences becomes ridiculous and each case for rezoning baa to be considered on its own merits. Ma. Bradshaw stated the Planning and Zoning Coaaiasion's reco111nenda- tion in her opinion was sound. Council Member Higday stated it was important to main- tain the residential character of the City, not necessarily by keeping single-family residences; and this rezoning would still meet that need. . Council Member Neal stated he agreed with Ma. Keena and added that sometimes an area where there were a lot of basement homes could have an effect on the surrounding R-1 areas in a nega- tive way. If the block could be developed it would be good for the overall neighborhood. Upon a call of the roll, the vote on the motion re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Keena, Bradshaw. Council Members Fitzpatrick, Bilo, Otis. The Mayor declared the motion carried. RESOLUTION NO. 51, SERIES OF 1980 * * * * * * A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESS- MENT BONDS FOR DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE PRINCIPAL AMOUNT OF $398,800. Steve Bell, Hanifen, Imhoff, Inc., appeared before Council. Mr. Bell explained and reco11111ended passage of the resolution authorizing the sale date for the bonds as January 5, 1981. Mr. Bell stated better bids would be received after the first of the year and there would be no postponement of delivery of proceeds which were scheduled for the last of February, 1981. December 8, 1980 Page 11 COUNCIL MEMBER DENA !l>VED TO PASS ·RESOLUTION NO. 51, SERIES OF 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted ae follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt transmitted copies of the document "motion to dismiss" concerning the case.Vern Mann vs. the City of Englewood. * * * * * * Acting City Attorney DeWitt discussed a pending lawsuit of Reliable Electric Co., Inc. vs. Olson Construction Company, the City of Englewood and United States Fidelity and Guaranty Company. Mr. DeWitt stated this case was a complaint by Reliable Electric to recover a claim against the Olson Construction Company for work on the Allen Water Treatment Plant. COUNCIL MEMBER KEENA !l>VED TO AUTHORIZE ACTING CITY ATTORNEY DEWITT TO FILE A DEFENSE IN THIS CASE. 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, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt discussed the complaint brought' against Police Chief Robert Holmes, City Manager Andy Mccown, Di- rector of Employee Relations Mel BeVirt and the City of Englewood by Larry Leydon on an employee matter. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE ACTING CITY ATTORNEY DEWITT TO DEFEND THE CIT~ IN THIS MATTER. Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: I December 8, 1980 Page 12 Ayea: Nays: The Mayor Council Member• Hifday, Neal, Fitzpatrick, Keena, Bilo, lrada aw, Otia. None. declared the motion carried. * * * * * * Acting City Attorney DeWitt diacuaaed the lawsuit brought against the City by Katherine Hudnall arising out of certain injuriea Ma. Hudnall clai .. to have received on a sidewalk in the City of Englewood. COUNCIL MEMllR DUA ll>VID TO AUTHORIZE ACTING CITY ATI'ORNEY DEWIT!' 'l'O DEFDD 'ftll CITY IR 'ftlIS MA'rl'll: Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follow•: Ayea: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt presented the order from the District Court concerning the caae of Wol Nyo Sidaway d/b/a BIT Oriental Maasage va. City of Englewood, Colorado Department of License and Finance, Gary Higbee, Director of Finance. Mr. DeWitt stated the order diami•••• the appeal and the court agreed with the City's position that the appeal was improperly placed in District Court. Mr. DeWitt stated technically the appeal should have been to City Council. Mr. DeWitt discussed the status of this case going through another appeal process and stated he would keep Council up to date on this case. Council Member Neal asked Mr. DeWitt if Council could impose a sentence different than the Hearing Officer through some sort of administrative process. Mr. DeWitt stated he would research the question and report back to the Council. * * * * * * Acting City Attorney DeWitt presented the Findings of Fact and Conclusion in the matter of the application from Lynne F. Smith, Michael L. Cooper, E. J. Crabbe, etc. to re- zone the 4700 block of South Bannock from R-1-C to R-2-C. December 8, 1980 Page 13 COUNCIL MEMBER KEENA !«>VED TO APPROVE THE FINDINGS OF FACT AND CONCLUSION GRANTING 'DIE RESONING OF 4700 SOUTH BANNOCK. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Keena, Bradshaw, Otis. Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council.Co111DUnication concerninf the Municipal Golf Courae Drain and Equalizing Pipes construct on bid award. .Be stated the comnunication was a re- coDlllendation for award of a contract to the T. A. Young Construc- tion Company for the inatallation of pipe lines on the new nine holes of the golf courae. Mr. Mccown explained this matter as such was not &id in terma of actually receiving sealed bids. The department involved had aaked the contractor who built the golf course to submit a propoaal to take care of this work. The contractor' a propoaal according to ataff was somewhat high for the work; and therefore, rejected it. If it had been accepted, it would have been dealt with with a change order to the origi- nal contract. Becauae of the ti .. problem with the freezing of the ground, the Public Works Department went out and con- tacted some contractor• and asked them to submit informal bids which appear in the Council Com111nication. Mr. Mccown noted this action deviate• aomewhat from the Charter which requires for any public improvement over $1,000 that the City must re- ceive sealed, competitive bida. Mr. Mccown stated the effort was to get the project done within the time period and to go out for sealed, competitive bid• would take too long. Mr. Mccown stated if the matter had been handled by change order even though it would coat more money, it would not have to come back to Council for approval. Acting City Attorney DeWitt asked for executive session with Council. Mayor Otis declared a recess at 9:05 p.m. Council reconvened when this Clerk returned to the meeting at 9:13 p.m. Mayor Otis aaked for roll ca!l. Upon a call of the roll, the following were present: Council Member• Hifday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Ot s. December 8, 1980 Page 14 Abaent: Rone. The Mayor declared a quorum present. Mayor Otia atated the recouaendation for the award of the construction of the drain and equalizing pipes, if approved, would be in violation of the Charter even though it would be a aavinga of money. Mayor Otia urged defeat for thia recomnenda- tion. COUNCIL MEMBER FITZPATRIClt l«>VED TO DERY THE REQUEST FOR THE )IJNICIPAL GOLF COURSE DRAIN ARD EQUALIZING PIPES UNTIL PROPERLY PUT OUT FOR SEALED BIDS. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: 9:15 p.m. Ayea: Naya: Council Member• Rigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * There waa no further buaineaa to be discussed. * * * * * * COUNCIL MEMBER HIGDAY ll>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at