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HomeMy WebLinkAbout1979-05-21 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 21, 1979 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on May 21, 1979. order. Mayor Pro Tem Mann, presiding, called the meeting to The invocation waa given by Elder Doran Whitaker, Englewood Ward, Church of Jeaua Christ Latter-Day Saints, 999 East Tufts Avenue. The Pledge of Allegiance waa led by Boy Scout Troop #92. Mayor Pro Tem Mann asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent: Council Member Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * Alao present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 7, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Nays: None. Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * I May 21, 1979 Page 2 Pre-scheduled visitor, Mr. Eddie Tanguma, 1020 West Tufts Avenue, was present. Mr. Tanguma stated he was representing the parents of the Englewood Band Boosters. Mr. Tanguma stated the Englewood High School marching band has been invited to march in the 1980 Rose Bowl Parade. He requested a donation from the City Council in the amount of $30,000 to help defray the expenses that each band member will have to incur. Mr. Tanguma stated it is estimated that each student will have to pay ~350 a piece and a donation from the Council could reduce that amount. The following band members appeared before Council and spoke on the reuqest for a donation: Roger Valaquez Nancy Foster Kay Bowling Bob Weinstein Jean Alelowe Lori Leachman Jeannie Taylor David Semour Councilman Smith asked how many band members would be going to Paaadena. Mr. Tanguma stated 180 students, plus band parents and teachers aa chaperones, a school nurse, and the band director Dr. Jess Gerardi. Mayor Pro Tem Mann stated Council would set a study session with Mr. Tanguma and Dr. Gerardi when Dr. Gerardi returns from a preliminary trip to Pasadena and has a closer approximation of the total coat to make the trip. * * * * * * Pre-scheduled visitor, Mr. Dick Phelps, Phelps, Benz & Associations, waa present. Mr. Phelps presented the bid reconmendation for the second nine holes at the Englewood Golf Course. Mr. Phelps reconmended the low bid from Randall and Blake of Littleton, Colorado, be accepted in the amount of $692,840.66. COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATION AS STATED BY MR. BILL JAMES IN HIS LETTER TO MR. MCCOWN DATED MAY 17, 1979, ACCEPTING THE LOW BIDDER AS RANDALL AND BLAKE OF LITTLETON IN THE AMOUNT OF $692,840.66 AND ALSO RECOMMENDING SUBSEQUENT PARA- GRAPHS REGARDING ALTERNATES 1, 2, AND 3. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. May 21, 1979 Page 3 Nays: Absent: None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Mayor Pro Tem Mann asked if there were any other visitors wishing to speak to Council on any matter. Mr. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin spoke on the upcoming changes in Boards and Comnissions that will appear on the ballot in the next council election. He also spoke on the traffic survey questionnaire that was circulated with the last issue of the Englewood Citizen. Mr. Merlin spoke against hiring outside consultants to study specific problems; he thought the administration should rely on its staff members. Mr. Merlin requested information on how much money has been spent on outside consultant work during the years 1977, 1978, and 1979. Mr. Merlin discussed also the Little Dry Creek project and that he had not received any recognition from the City Council on his ideas for the project. Mr. Walter Swanson, Chicago Bridge & Iron Company, appeared before Council. Mr. Swanson stated his firm was one of the bidders on the elevated tank project and wished to discuss the matter with the Council. City Manager Mccown transmitted the letter which Mr. Swanson had delivered earlier to his office concerning the project. COUNCILMAN WEBER MOVED TO BRING FORWARD AGENDA ITEM 6C- ''MEK>RANDUM CONCERNING THE AWARD OF BID FOR THE OVERHEAD STORAGE TANK". Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Nays: None. Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried. I May 21, 1979 Page 4 City Manager Mccown presented the memorandum from the Director of Finance and the Director of Utilities concerning the award of a bid for the overhead storage tank. Mr. Mccown stated staff recolllllends that all bids be rejected and that the tank be rebidded. Director of Utilities fonda appeared before Council and discussed the matter. Mr. Fonda stated the low bid was submitted in error and it probably would not be advisable to proceed with the award. Also, the architect is altering the earthquake design of the tank; therefore, new specifications would be written. Mayor Pro Tern Mann asked if the new design would alter the cost since the bids have already been opened. Director Fonda stated new specifications and design would change the bids. COUNCILMAN SMITH MOVED TO ALLOW MR. SWANSON FROM CHICAGO BRIDGE AND IRON COMPANY TO SPEAK ON THIS MATTER. Councilman Harper seconded the motion. Councilman Smith stated the staff's conments substantiated their recormnendations and bids should be rejected if the specifications change. Councilman Weber stated it was not in the best interests of Council to recognize public debate. People can make arrangements to talk to Council under pre-scheduled visitors. Councilman Clayton stated Council can not go into individual debates on individual items. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: None. Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Council Member Taylor. The Mayor Pro Tern declared the motion defeated. COUNCILMAN WEBER MOVED TO ACCEPT THE RECOMMENDATION FROM THE DIRECTOR OF UTILITIES AND DIRECTOR OF FINANCE ON THE BIDS FOR THE ELE- VATED TANK. Councilman Smith seconded the motion. May 21, 1979 Page 5 Councilman Weber queried why the last two projects on certain water projects have involved errors in bidding. City Attorney Berardini explained the difference between the two circumstances surrounding the bids on the water transmission mains and the elevated tank. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Council Member Taylor. The Mayor Pro Tem declared the motion carried. Mrs. Audrey Scott, 2926 South Galapgo, appeared before Council. Mrs. Scott discussed the frozen water line problem and the petition signed by numerous citizens requesting Council to assume responsibility of the water mains. Mrs. Scott asked Council what action was going to be taken regarding future freezes, re- pair of water lines, and if the monies funded under river redevel- opment in the six quarter budget could be used to solve the water line problem. Mrs. Scott asked Council to reconsider the matter and reintroduce an ordinance assuming full responsibility for the water mains. Mrs. Isabella Knight, 3021 South Lincoln, appeared before Council. Mrs. Knight stated Mr. Stephen Dreher called her trying to find a copy of the Belleview Fire Station study. Mrs. Knight asked if there was a copy available to the public. City Manager Mccown replied the original study conducted by the Pulbic Technology Incorporation was on the location of Tejon and Federal. The firm later looked at other parts of the City but did not submit a formal report, only statistics in a computerized format. Mr. Mccown stated Mr. Dreher was welcomed to look at any relevant information he had on the subject. Mrs. Knight asked for clarification on the locations for low cost housing. Councilman Clayton stated the proposed areas are presently vacant land but he did not know the exact locations. Mayor Pro Tem asked if there were any other visitors wishing to speak to Council. There were none. * * * * * * May 21, 1979 Page 6 "Co11111Unications -No Action Reco111nended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of April 11, 1979. Minutes of the Planning and Zoning CoDDDission meeting of April 17, and April 24, 1979. Minutes of the Denver Regional Council of Governments meeting of April 18, 1979. Minutes of the Animal Control Co111nittee of May 14' 1979. Memorandum from the Municipal Judge to the Mayor and Members of Council concerning the Municipal Court activity report for April, 1979. * * * * * * City Manager Mccown presented a reco111nendation from the Planning and Zoning coDIDission meeting of May 8, 1979, concerning the vacation of a right-of-way in the 3500 block of South Marion Street. Mr. Mccown stated the City's records reflect that it has 75 feet of right-of-way along this block; whereas, only 60 feet. is required. The applicant in this case has requested that the City vacate approximately the west 37.9 feet of the existing 75 feet of right-of-way. The staff is recoDIDending that the City vacate approximately half of the additional feet over 60; i.e. 15 feet, all along the entire block because it would not be sensible to vacate a portion of it in front of the 3500 block. COUNCILMAN SMITH MOVED TO ADOPT THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION REGARDING THE VACATION OF THE RIGHT-OF-WAY 3500 BLOCK OF SOUTH MARION STREET AND THAT THE CITY VACATES LESS THAN 37.9 FEET. Councilman Weber seconded the motion. Council discussed the above matter at length questioning whether or not any further information would be gained through more investigation, or whether the property should be sold or vacated. Councilman SMith stated all pertinent testimony has been heard by the Planning and Zoning Co11111ission and he considered the case closed. In response to Councilman Harper's question, City Manager Mccown stated all the property owners have been notified. May 21, 1979 Page 7 COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE NEXT REGULAR COUNCIL MEETING AND TO INSTRUCT STAFF TO FURTHER INVESTIGATE THE ISSUE WITH THE PLANNING AND ZONING COMMISSION AND LEGAL STAFF. Motion died for lack of a second. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann. Council Member Clayton. Counci Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Mayor Pro Tem Hann declared a recess at 9:05 p.m. The Council reconvened at 9:15 p.m. Mayor Pro Tem Mann asked for a roll call. Upon a call of the roll, the following were present: Council Members Williama, Weber, Harper, Clayton, Mann. Absent: Council Members Smith, Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * ~ity Manager Mccown presented a request for a Hotel/ Restaurant Liquor License renewal for Lord Byron's Restaurant, 1001 West Hampden Avenue. COUNCILMAN WEBER MOVED TO APPROVE THE HOTEL/RESTAURANT LIQUOR LICENSE RENEWAL FOR LORD BYRON'S RESTAURANT, 1001 WEST HAMPDEN AVENUE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * May 21, 19 79 Page 8 ORDINANCE NO. 22 SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER, ACTING BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, AND THE CITY OF ENGLEWOOD, COLORADO, KNOWN AS THE "CITY DITCH AGREEMENT", WITH CERTAIN AMENDMENTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 25 ON FINAL READING. Councilman Harper seconded the motion. Director of Utilities Fonda appeared before Council and discussed with Councilman Clayton the capacity of the ditch, present and anticipated. Councilman Clayton stated he would prefer more information on the capacity before voting on final passage. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Mann. Council Member Clayton. Council Members Smith, Taylor. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 27 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO, THE LITTLETON FIRE PROTECTION DISTRICT AND CASTLEWOOD FIRE PROTECTION DISTRICT FOR THE PURCHASE OF AN INTEREST BY CASTLEWOOD FIRE PROTECTION DISTRICT IN THE JOINT FIRE TRAINING FACILITY. May 21, 1979 Page 9 COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 27 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. tbe Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Berardini discussed the recent ruling by the Colorado Supreme Court in the case of Herman Oliner, Bess Oliner, and Robert Oliner vs. the City of Englewood. Mr. Berardini stated the case involves the lease/purchase agreement the Oliner's have with the City of the land upon which the Police and Fire Center is located. The Oliners have sought to have their lease and option provision declared void on the grounds that the option provision violated the rule against perpetuities. The Colorado Supreme Court concurs with the District Court that the option terminates at the end of the lease period, and the lease agreement does not violate the rule against perpetuities. City Attorney Berardini stated after 1990, the City can purchase the land according to the terms of the purchase in the agreement. * * * * * * City Attorney Berardini stated the City recently won a case in the District Court, Andresen vs. the State Highway Department, City of Englewood, City of Cherry Hills and Arapahoe County. The case refers to the flood of 1973 and the court has dismissed the City of Englewood on the basis that the City can not be held responsible since its flood plain ordinance was in effect at the time. * * * * * * City Attorney Berardini transmitted an agreement between the City of Englewood and Mission Viejo Company to study methods to utilize the City's excess raw water and approve the granting of an option to purchase the City's excess of raw mater by Mission Viejo Company. May 21, 1979 Page 10 COUNCILMAN SMITH MOVED TO RECEIVE THE AGREEMENT BETWEEN THE CI OF ENGLEWOOD AND MISSION VIEJO COMPANY CONCERNING PHASE II AND TO IN- STRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR READING AT THE NEXT REGULAR MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO APOINT MARGARET V. PEARSON TO FILL THE VACANCY ON THE LIBRARY BOARD AND WHOSE TERM WILL EX- PIRE ON FEBRUARY 1, 1980. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Members Smith, Taylor. The Mayor Pro Tem declared the motion carried. RESOLUTION NO. 23, SERIES OF 1979 * * * * * * A RESOLUTION APPROVING APPLICATIONS FOR PRELIMINARY LOAN FOR LOW- RENT PUBLIC HOUSING. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 23, SERIES OF 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann. None. Council Member Smith, Taylor. May 21, 1979 Page 11 The Mayor Pro Tem declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * Mayor Pro Tem Mann adjourned the regular meeting without a vote at 9:40 p.m.