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HomeMy WebLinkAbout1979-06-04 (Regular) Meeting MinutesI C.OUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 4, 1979 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on June 4, 1979. Mayor Taylor, presiding, called the meeting to order. The invocation was given by the Reverend Jery P. Friesen, Seventh-day Adventist Church, 27th and Downing. The Pledge of Alle- giance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Hann, Taylor. Absent: Council Member Weber. The Mayor declared a quorwn present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MAY 14, 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann. Nays: None. Abstain: Council Members Williams, Taylor. Absent: Council Member Weber. The Mayor declared the motion carried. * * * * * * June 4, 1979 Page 2 Councilman Clayton noted a correction in the minutes of May 21, 1979. The correction was on r.age 4, 8th paragraph. Coun- cilman Clayton stated the word "items' should be changed to "bids". City Manager Mccown stated there was a correction on Page 10, lat paragraph. The word "receive" should be deleted and the following words inserted: "pass the lease of". COUNCILMAN CLAYTON MOVED TO APPROVE THE MINTUES OF THE REGULAR MEETING OF MAY 21, 1979 AS AMENDED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Smith, Harper, Clayton, Mann, Williams. None. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mr. B. W. Elliott, 3801 South Elati Street, was present. Mr. Elliott requested that he be granted an encroachment onto City property to install a 42-inch chain-link fence along the north side of their back yard. City Manager Mccown stated the staff has reviewed Mr. Elliott's request and reconmends that it be granted. Councilman Smith prefaced his motion by stating it was baaed upon the reconmendation from the Conmunity Development Department and the fact that Mr. Elliott understands if the City needs the land, he would have to remove the fence. COUNCILMAN SMITH MOVED THE ENCROACHMENT REQUEST OF 3801 SOUTH ELATI BE GRANTED AND THAT THE ENCROACHMENT WILL BE APPROXI- MATELY SIX FEET INTO THE WEST LEHIGH RIGHT-OF-WAY. Councilman Mann seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. I June 4, 1979 Page 3 Nays: Absent: The Mayor None. Council declared * * Member Weber. the motion carried. * * * * Pre-scheduled visitor, Mr. John Criswell, 3780 South Broadway, was present. Mr. Criswell stated he was a lawyer re- presenting Mr. Stephen Dreher and Mr. Dreher's mother in the matter concerning the relocation of fire station 13. Mr. Criswell submitted a hand-drawn map of the location and offered three al- ternatives to the Council if land is to be acquired in this area for the fire station. Alternative 1 was to take the west half of the property to the south and adjacent to the Dreher property. Alternative 2 was to take all of the Dreher property. Alternative 3 was to take the west half of the Dreher property and the adjacent 9,975 square feet of the other property. Mr. Criswell argued that the location of a fire station or any municipal improvement is a matter of decision to be made by the people. He suggested what- ever site is selected that Council first adopt an ordinance deter- mining the location and if the people desire to file a referendum petition, they have the right to do so. Mr. Criswell referred to the election concerning the moving of City Hall to its present location. Councilman Mann asked the City Attorney for an opinion concerning Mr. Criswell's argument. Mr. Mann asked if a public hearing in this case would suffice followed by the passage of an ordinance designating the location. City Attorney Berardini stated he has researched the matter and submitted a memorandum explaining his opinion. Mr. Berardini stated the Council has the right of eminent domain as provided by statute -Section 76 of the Home Rule Charter with- out going to the vote of the people. Mr. Berardini further stated no ordinance or public hearing would be necessary in this matter and acting by resolution to select a location was in order. Mr. Criswell reiterated his position contending that the people have the right to determine whether or not the location is desirable. Mr. Criswell stated he was neither certain whether a resolution would be legally binding nor subject to a referendum without a court decision. Pre-scheduled visitor, Mr. Stephen Dreher, 54 West Layton Avenue, was present. Mr. Dreher submitted a petition containing 278 names requesting further consideration concerning the fire June 4, 1979 Page 4 station relocation. Mr. Dreher presented a map depicting present and proposed fire station sites and respective response times. Mayor Taylor received the petition.and rebutted. Mayor I Taylor stated Council has spent numerous hours studying the matter including the expense. Mr. Dreher produced further arguments against the re- location. Mr. Dreher debated the possible renovation and use of the volunteer station, the relocation of a station at Lafayette and Hampden, and maintaining the station at its present location on Belleview and Fox. Councilman Smith stated one of the purposes of locating at Acoma and Layton was to place the second rescue vehicle in an area able to cover soi of the rescue calls. Mr. Dreher stated if the volunteer station was activated, some of the same areas would be covered. Councilman Smith stated there is a great of cost involved in taking over the volunteer station. It would have to be demolished and a new station constructed. The only alternative for the volun- teers is to move to Belleview which has been vertified to be inade- quate. Councilman Clayton added there were some response time problems to high risk areas from the volunteer station. The response time to the high school and Swedish Hospital is quicker from Acoma and Layton. COUNCILMAN WILLIAMS MOVED TO BRING FORWARD AGENDA ITEM 7D -A RESOLUTION CONCERNING THE RELOCATION OF A FIRE STATION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE A RESOLUTION WHICH WOULD START THE PROCEEDINGS TO RE- NOVATE THE VOLUNTEER FIRE STATION AT QUINCY AND PEARL. Council- man Mann seconded the motion. June 4, 1979 Page 5 Councilman Smith stated it has been pointed out that this location, Quincy and Pearl, was the least desirable. Mr. Smith urged the motion's defeat. Councilman Williams stated there was not that much dif- ference in response time between Acoma and Layton, and Quincy and Pearl. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Mann. Council Members Smith, Harper, Clayton, Taylor. Council Member Weber. The Mayor declared the motion defeated. COUNCILMAN SMITH MOVED TO SUBMIT AND PASS A SUBSITUTE RESOLUTION FOR AGENDA ITEM 7D. Councilman Harper seconded the motion. The resolution was submitted to Council. Councilman Smith stated the resolution changes the lo- cation from the proposed southeast corner of Acoma and Layton which is the Dreher property to the property inmediately south owned by Mr. Pezoldt which is a single ownership and has no buildings on it at the present time. Mr. Smith stated the change was a sugges- tion by the CoD111Unity Development Department following an indepen- dent study subsequent to a study by the Fire Department. This was one of the prime locations of the Fire Department and the second reco11111ended site by the CoD111Unity Development Department. Mr. Smith stated there was information available on the cost estimates to move the station south of Layton and Acoma referring to a memorandum from Director of Engineering Services Gary Diede. Councilman Smith rebutted Mr. Criswell's earlier state- ment. He stated the section of the Colorado Revised Statutes 38-6-101 indicates City Council has authority by Charter or by statute to build, acquire or establish any municipal improvement. Mr. Smith stated the location of the present City Hall or the building was not voted upon by the citizens of Englewood, only the bond issue was voted upon. Councilman Mann discussed why he was opposed to relocat- ing the station. Mr. Mann stated he could not understand staff's recoDIDendation to locate in the southern part of Englewood when June 4, 1979 Page 6 there was a more critical need to build one in the northeast sec- tion. Mr. Mann stated the building on Belleview can be renovated and new land can be acquired north of it to expand the facilities for less money. Councilman Harper coDlllented on the matter. Mr. Harper stated after he had reviewed all the facts, he had changed his opinion from keeping the station at Belleview to moving it to the location proposed in Councilman's Smith resolution. Mr. Harper stated he felt locating the station at Quincy and Pearl would not be proper nor functional, and Council should look down the road 10 years or more. Mr. Harper stated a station would probably be built in northeast Englewood as he sees the development in that area increasing. In his opinion, the best judgement was to locate the station as proposed. Councilman Clayton co111Dended all the people who had presented their different opinions on this matter. Mr. Clayton acknowledged there might be some cost overruns in moving to Acoma and Layton due to inflation. Mr. Clayton stated he was solidly convinced that the station needed to be moved since the City has not developed along the predicted lines. Mr. Clayton stated the most important thing to him is response time, and the location at Quincy and Pearl has some response time problems. Quincy and Pearl, however, solves the problem for housing the volunteer fire- men. Mr. Clayton advocated passing the proposed resolution. Councilman Williams stated he did not deny that the sta- tion at Belleview needs to be changed; he believed the expense was was too much compared to renovating the one at Quincy and Pearl. Mr. Williams stated the monetary difference between moving the station to Layton and Acoma and renovating the volunteer station could be used to finance the frozen water line problem. Mr. Williams stated he was very sympathetic to the people who suffered frozen water problems last winter. Mr. Williams stated there were other locations and Quincy and Pearl that would not have the impact as Layton and Acoma. COUNCILMAN MANN MOVED TO TABLE THE RESOLUTION INDEFINITELY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Williams. Nays: Council Members Smith, Harper, Clayton, Taylor. Absent: Council Member Weber. The Mayor declared the motion defeated. June 4, 1979 Page 7 Councilman Smith stated money has already been set aside for the frozen water line problem. Mr. Smith added Council should rely on staff reconmendations because of the professional expertise for which each one is hired. Mr. Smith stated the longer Council waits to make the relocation, the more expensive it will become. City Attorney Berardini noted a change in the bill's language under the first "WHEREAS" paragraph. The third line should read "a new fire station adjacent to the southeast corner of Layton Avenue and". At the request of Mayor Taylor, the Clerk read the sub- stitute resolution in its entirety. RESOLUTION NO. 24 SERIES OF 1979 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FIRE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORAIX>, TO PROVIDE A SITE FOR CONSTRUCTION OF A FIRE STATION. COUNCILMAN MANN MOVED THAT COUNCIL PROVIDE HIM COPIES OF THE PETITION SUBMITTED BY MR. DREHER AND A DELAY OF 30 MINUTES TO READ THE PETITIONS BEFORE MAKING A FINAL VOTE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member Smith, Harper, Clayton, Mann, Williams. Council Member Taylor. Council Member Weber. The Mayor declared the motion carried. Mayor Taylor declared a recess at 9:00 p.m. The Council reconvened at 9:30 p.m. Mayor Taylor acknowledged that Council- man Weber had entered the meeting. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. Councilman Hann stated reading the petitions only reen- . forced his opinion to vote against the relocation. Mr. Mann stated June 4, 1979 Page 8 he was convinced the proposal is too expensive and the people have proved they do not want it. Mr. Mann stated there is more of a need to build the fire station in northeast Englewood. Mayor Taylor asked Councilman Weber if he had any ques- tions concerning the item now on the floor. Councilman Weber stated he had none. Upon a call of the roll, the vote on Councilman's Smith motion to pass the substitute resolution resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Taylor. Council Members Williams, Mann. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Mrs. Elaine King, 5000 South Inca Drive, was present. Mrs. King submitted a report concerning metro- government and her concerns of impending dangers of local govern- ment acquiescing their responsibilities to the federal government. Mrs. King asked the City Council to discontinue the city manager/ council form of government, and take the necessary steps to put Englewood under a constitutional government. Mrs. King stated that will be a step in the right direction toward removing Englewood from the clutches of federal and federally-controlled regional government. Mrs. King submitted copies of her report to the Council and a copy of the United States Constitution. Mayor Taylor asked if she was the individual who, at one time, declared the United States currency as unconstitutional. Mrs. King stated that she had. * * * * * * Councilman Weber asked to be excused from the meeting at 9:50 p.m. Mayor Taylor granted the request. * * * * * * "CoDlllUnications -No Action Reconmended" on the agenda were received: (a) Minutes of the Board of Career Service Co11111is- sioners meeting of April 19, 1979. June 4, 1979 Page 9 (b) (c) (d) (e) (f) (g) (h) Minutes of the Downtown Development Authority meeting of April 11 and May 16, 1979. Minutes of the Planning and Zoning Conmission meeting of May 8, 1979. Minutes of the Public Library Board meeting of May 8, 1979. Minutes of the Parks and Recreation Conmission meeting of May 10, 1979. Minutes of the Water and Sewer Board meeting of May 15, 1979. Minutes of the Animal Control Conmittee meeting of May 29, 1979. Minutes of the special study session of City Council of May 29, 1979. * * * * * * City Manager Mccown presented a request for an annual renewal of a 3.2 beer retail license for Leslie E. Howe d/b/a Sport Bowl, 3295 South Broadway. COUNCILMAN HARPER MOVED TO APPROVE THE REQUEST FOR AN ANNUAL RENEWAL OF A 3.2 BEER RETAIL LICENSE FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. Nays: None. Absent: Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from the Chairman of the Animal Control CoDlllittee to the Mayor concerning the animal control ordinance. Mr. Mccown stated the Conmittee is requesting postponement on consideration of their reconmendation until all of their recomnendations can be submitted to Council. June 4, 1979 Page 10 COUNCILMAN SMITH MOVED TO CONCUR WITH THE ANIMAL CON- TROL CO}li{ITTEE'S RECOHHENATION AND TO POSTPONE THE MATTER UNTIL THEY ARE READY TO SUBMIT THE ENTIRE PACKAGE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. ORDINANCE NO. 23 SERIES OF 1979 * * * * * * BY AUTHORITY 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. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 27 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCILMAN SMITH June 4, 1979 Page 11 A BILL FOR AN ORDINANCE VACATING A PORTION OF THE EXISTING STREET RIGHT-OF- WAY IN THE 3500 BLOCK ON SOUTH MARION STREET, ADJACENT TO AND EAST OF BLOCKS 1 AND 2, OF YEAGER'S SUBDIVISION OF BLOCK 4, VERONA PLACE, ARAPAHOE COUNTY, COLORADO. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 29 ON FIRST READING. Councilman Harper seconded the motion. Council discussed at length vacating the land and the circumstances behind the reconmendation from staff to vacate the property. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE APPROVING AN AGREEMENT TO STUDY METHODS TO UTILIZE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO AND APPROVE THE GRANTING OF AN OPTION TO PURCHASE CITY OF ENGLEWOOD EXCESS RAW WATER BY MISSION VIEJO COMPANY. City Attorney Berardini noted the following corrections to the bill: 1. In Section 1, Paragraph A -Change Exhibit A to Exhibit 1 2. In Section l, Paragraph B, second line -Insert "up to" after ($100,000). June 4, 1979 Page 12 3. In Section 1, Paragraph C -Change November 7, to November 2. 4. In Section 2 -Change Exhibit A to Exhibit 1 COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 28 ON FINAL READING. Councilman Williams seconded the motion. Councilman Mann asked for clarification of the third paragraph reciting Section 124, Article XIII, of the Englewood Home Rule Charter. Mr. Mann stated he was under the impression that the sale of water had to be put to a vote of the people. City Attorney Berardini stated the sale of water rights must be voted upon by the people. This transaction is the leasing sale of surplus raw water not the right to the water. Mayor Taylor asked if the bill contained safety clauses wherein Englewood has first priority to the water in cases of emer- gency. Councilman Smith stated such clauses are provided for in Section 124, Article XIII, cited in the bill. City Attorney Berardini stated such languag~ is also specifically outlined in Paragraph F of the bill. Mayor Taylor asked the representative from Mission Viejo to appear before Council and state how much water the development would like to lease once the project is complete. Mr. Meno Wilhelms, Director of Municipal Services in Government, for the Mission Viejo Company appeared before Council. Mr. Wilhelms stated the estimates vary depending on how conserva- tively the water is used. The report submitted to Douglas County indicates that with conservation, total needs would be between 16,000 -20,000 acre feet for the total development of the project. The ground water at the ranch along with presently-owned water rights could probably serve the ranch; however, depending on how people use water, they would probably want approximately 25~ of what they are buying now. Mayor Taylor stated Council has drawn criticism from selling the water. People have stated they do not want this much population around and by selling the water Council has caused Mission Viejo to develop the area. Mayor Taylor stated his rebut- tal has been the area is going to be built up some day anyway, and it is a lot better to have a planned development out there like Mission Viejo than incongruous developments. June 4, 1979 Page 13 Mr. Wilhelms stated the whole concept of their plan has been a recognition of what is the best type of development for an area. Where there has been projected growth, his company has at- tempted to provide a facility in a manner that negates contemporary problems. Mr. Wilhelms stated he hopes this development will be a model satellite type of new conmunity. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandwn from the Di- rector of Engineering Services to the City Manager in response to questions on Paving District 123 and Paving District 125 assessments. Council agreed there were no changes to be made to the assessing ordinance on Paving District #23. Director of Public Works Waggoner appeared before Council and discussed possible amendments to the assessing ordinance on Paving District 125. Director Waggoner recoDlllended that the City adjust the assessments for Philip and Marlys Grimn, 1920 West Cornell Avenue by $1,300.32; and for Tatewell Enterprises, 3028 South Fox by $73.76. COUNCILMAN CLAYTON MOVED TO MAKE THE FOLLOWING ADJUSTMENTS TO THE ASSESSMENTS FOR: PHILIP AND MARLYS GRIMM, 1920 WEST CORNELL AVENUE FROM $3,731.09 TO $2,430.77; TATEWELL ENTERPRISES, 3028 SOUTH FOX STREET FROM $751.51 TO $677.75; AND TO CHANGE THE COSTS TO THE CITY OF ENGLEWOOD TO $236,275.73 AND ASSESSED COSTS TO $663,293.03. Councilman Mann seconded the motion. Councilman Clayton discussed the problems that were brought forth by the residents of 4500 South Pearl Street. Mr. Clayton stated he wanted to assure the people that Council has talked to the City staff and they are holding the retainage fee from the contractor until all repairs have been made. Director Waggoner stated the reply letters to each com- plaint were being held in abeyance pending Council's decision whether or not there were additional amendments. June 4, 1979 Page 14 Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member Smith, Harper, Clayton, Mann, Williams, Taylor. None. Council Member Weber. The Mayor declared the motion carried. Councilman Mann discussed his concerns relative to the assessing methods used by the City; particularly, the costs assessed to residents living in an industrial area or on a street that has been designated as a truck route. Director Waggoner explained the procedures by which the City assesses certain types of work done in a paving district in accordance to designated streets. Councilman Mann requested a study be done on the assess- ing methods used by the City and whether or not some streets should be designated as truck routes or otherwise. Councilman Clayton requested the City Attorney to pre- pare the necessary amendments to an ordinance requiring first notices of a paving district to be sent out by certified mail or another type of mail that will provide for a return receipt. He stated he made the suggestion since so many people stated they had not received first notices. Councilman Smith discussed the expense involved in sending notices by certified mail and suggested that the costs be examined prior to making any amendments to ordinances. Mr. Smith stated most mail gets received and it may not be worth- while to go to the time and expense of sending it out certified. Mayor Taylor stated the matter should be discussed in a study session. Director Waggoner stated the City had only two notices on Pearl Street returned to them by the post office. * * * * * * City Manager Mccown announced the dedication of the Sin- clair Bath House would be Sunday, June 10th, at 1:00 p.m. and that there would be free swinming following the ceremony until 4:00 p.m. * * * * * * June 4, 1979 Page 15 There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Mayor Taylor adjourned the meeting without a vote at 10:50 p.m. -, ' 2 // , 'J tl-?U et, cdf. 'lj ad ·?lA.i .Jpu ty City C erk