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HomeMy WebLinkAbout1979-06-18 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 18, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on June 18, 1979. Mayor Taylor, presiding, called the meeting to order. nte invocation was given by Councilman Donald Smith. Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Absent: Council Member Clayton. nte Mayor declared a quorwn present. * * * * * * Also present were: City Manager Mccown Administrative Assistant Brown Assistant City Attorney DeWitt Director of Engineering Services Diede Chief of Police Holmes Deputy City Clerk Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 4, 1979. Councilman Mann seconded the motion. Councilman Harper asked that the text on page 7 in the title of Resolution No. 24, be corrected from "Fire Simple" to "Fee Simple". Councilmen Smith and Mann agreed to the correction. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. The June 18, 1979 Page 2 Absent: Councilman Clayton. The Mayor declared the motion carried. * * * * * * Kay Bohling, 4912 South Galapago, was present. She stated that she had been selected as a finalist in the Miss United Teenager Pageant. She requested that the City sponsor her. The sponsor cost would be $180.00. She gave some background informa- tion about the contest and herself. COUNCILMAN SMITH MOVED TO SPONSOR KAY BOHLING IN THE MISS UNITED TEENAGER PAGEANT AND APPROPRIATE $180.00 AS THE SPONSOR FEE. Councilman Williama seconded the motion. Councilman Smith stated that activities such as this are good public relations for Englewood. Councilman Harper said he would vote "no" because he knows nothing of the sponsoring organization. His experience shows that some of these pageants are disappointing. Mayor Taylor stated that for the small cost, the public relations for the City is beneficial. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Smith, Mann, Taylor. Council Members Weber, Harper. Council Member Clayton. The Mayor declared the motion carried. * * * * * * John Criswell, attorney, 3780 South Broadway, was present representing Jack Field, Inc. to request a public hearing and set- ting of boundaries for a hotel and restaurant liquor license to be located in Cinderella City. Councilman Smith stated that because of the location in Cinderella City a two-mile radius should be used as the petitioning neighborhood. June 18, 1979 Page 3 COUNCILMAN WILLIAMS MOVED TO SET JULY 23, 1979, AT 7:00 P.H. AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR A HOTEL/RESTAURANT LIQUOR LICENSE FROM JACK FIELD, INC. AND I THAT THE PETITIONING AREA WILL BE A TWO-MILE RADIUS FROM THE PRO- POSED LOCATION. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. * * * * * * John O'Dell, 10700 East Dartmouth, Denver, was present representing Colorado Pizza Corporation dba Mr. Gatti's, 225 East Jefferson. He requested that a public hearing be set and the peti- tioning neighborhood be established for a 3.2 Beer license proposed for 225 East Jefferson. COUNCILMAN WEBER MOVED TO SET JULY 23, 1979, AT 7:30 P.H. AS THE PUBLIC HEARING DATE TO CONSIDER AN APPLICATION FOR A 3.2 BEER LICENSE, ON PREMISE, FROM COLORADO PIZZA CORPORATION OBA MR. GATTI'S AND THAT THE PETITIONING AREA WILL BE A ONE-MILE RADIUS FROM THE PROPOSED LOCATION. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. Byron Sutton, 2500 West Hampden, was present to discuss I the problem with golf balls hitting his property. He stated that he felt City Council had an obligation to provide a remedy to the dangerous situation which exists on the 4th hole of the golf course. * * * * * * He criticized the City Council for taking no action by selecting the alternative solution of stimulating growth of current trees. June 18, 1979 Page 4 Mayor Taylor reminded Mr. Sutton that the courts had ruled against him in the suits he brought against the City. In response to Councilman Smith, Mr. Sutton stated that at least one or two balls a week are hit onto his property. Coun- cilman Harper stated that the Englewood golf course was designed to be safe and is considered one of the safest in Colorado. Assistant City Attorney DeWitt stated that the City can not be responsible for the acts of third parties. He further ex- plained the design characteristics of the golf course. Mayor Taylor told Mr. Sutton that his last recourse is to sue the City. * * * * * * Melvin Minnick, 4565 South Pearl, was present to discuss Paving District 25. He stated that he and his neighbors objected to paying for an inferior job, a job which did not meet the stan- dards of the City. He stated the street will require repair before it would normally be necessary because the job was not completed correctly. Mayor Taylor stated that payment was being withheld from Western Paving until Paving District 25 was satisfactorily completed. Councilman Smith stated that there have been similar pro- blems occur in other Colorado and Wyoming coumunities. He said the contract specified a layer of "Petromat" and an inch of asphalt. The use of "Petromat" provides a better surface than 2 inches of asphalt. Gary Diede, Director of Engineering Services, defined "Petromat" and described the paving process. Councilman Smith assured Mr. Minnick that the job would be completed correctly. He added that there is also a two-year warranty on the job. Hugh Frazier, 4569 South Pearl, was present to discuss Paving District 25. He stated that the administrative costs being charged to the Paving District were excessive. The costs were com- puted at $0.10 a square foot. City Manager Mccown explained that administrative costs included all non-paving costs and were allocated proportionately to the property owners. June 18, 1979 Page 5 Director of Engineering Services Diede presented a breakdown of all coats for Paving District 25. Councilman Smith asked that the administrative costs for the Paving District be reviewed. Isabel Knight, 3021 South Lincoln, was present. She questioned the relationahip of allocating costs of City personnel used for paving district•. She expressed her concern that these personnel were already on City payroll. City Manager Mccown explained the budgeting procedures and how costs of personnel are allocated to General Fund and Pav- ing District projects. Mrs. Knight stated that northeast Englewood needs a fire station and that City Council should find land for this purpose. Land in this area is in short supply and it would be unfortunate to have to condemn homes for this purpose. The City should buy land now. City Manager Mccown explained the current fire station situation and said that the Fire Chief will be doing a study to find a location in this area. Mayor Taylor stated that the City may have to condemn residential property if other property is not available. * * * * * * "Co11111Unications -No Action Reconmended" on the agenda were received: (a) (b) (c) Minutes of the Housing Authority meeting of April 25, 1979. Minutes of the Planning and Zoning Conmission meeting of May 22, 1979. Memorandum from the Municipal Court Judge to the Mayor and Council concerning the May Activity Report. * * * * * * A letter from the Board of County Conmissioners, Arapahoe County, concerning the reappointment of Jean R. Arthur for a four- year term to the Regional Transportation District was presented. I June 18, 1979 Page 6 COUNCILMAN WILLIAMS MOVED TO APPROVE THE ARAPAHOE COUNTY COMMISSIONERS' RECOtMEMDATION TO REAPOINT JEAN R. ARTHUR TO THE REGIONAL TRANSPORTATION DISTRICT. Councilman Weber seconded the motion. Councilman Weber stated that he did not personally know Arthur, but he was not very happy with the performance of the RTD. The City received an unsympathetic response from a hearing board considering Englewood'• request for funds for the Ithaca-Santa Fe couplet. A significant number of members were from RTD. The City needs better representation from this important group. Councilman Smith stated that the City is being asked to give their approval to someone they really don't know. The conmissioners have given no alternatives. The City needs a report of her positions and activities in order to properly evaluate whether the City should approve or disapprove the appointment. Upon a call of the roll, the vote resulted as follows: Ayes: None. Nays: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared the motion defeated. COUNCILMAN SMITH MOVED TO DIRECT THE CITY MANAGER TO WRITE A LETTER TO THE ARAPAHOE COUNTY COMMISSIONERS STATING THAT THE PROCESS FOR SELECTION OF OUR REGIONAL TRANSPORTATION DISTRICT REPRESENTATIVE NOT ONLY BE STARTED SOONER BUT THAT WE HAVE AN OPPORTUNITY TO INTERVIEW THE INDIVIDUAL THEY RECOMMEND AND QUESTION THEIR PAST PERFORMANCE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:40 p.m. The Council reconvened at 9:00 p.m. Mayor Taylor asked for roll call. Upon a June 18, 1979 Page 7 call of the roll, the following were present: Council Members Williama, Weber, Smith, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared a quor\Dll present. * * * * * * COUNCILMAN WILLIAMS MOVED TO CONSIDER AGENDA ITEM 8(A) NOW. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. Robert Holmes, Englewood Police Chief, was present to request permission to send a police captain to Traffic Management Administration courses at Central Missouri State University. COUNCILMAN WEBER MOVED TO APPROVE THE RECOMMENDATION OF THE CHIEF OF POLICE TO SEND A POLICE CAPTAIN TO TRAFFIC MANAGEMENT ADMINISTRATION COURSE AT CENTRAL MISSOURI STATE UNIVERSITY. Coun- cilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: The Mayor ORDINANCE NO. 24 SERIES OF 1979 Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCILMAN CLAYTON I June 18, 1979 Page 8 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 23 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIB- ING THE MANNER FOR COLLECTION AND PAYMENT OF SAID ASSESSMENTS. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 23 ON FINAL READING. Councilman Williams seconded the motion. Director of Engineering Services Diede responded to Coun- cilman Smith's question saying that no corrective work needed to be done. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV- ING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON FINAL READING. Councilman Williams seconded the motion. Councilman Smith stated he would vote "no" because the City Council did not take into account the citizen input during the public hearing. He said he would continue to vote "no" on paving district approval until there is a change in the public hearing procedure. June 18, 1979 Page 9 Councilman Weber shared Mr. Smith's concern that the public hearing procedure needed to be changed to be more responsive to citizen desires. Councilman Weber asked why there was an emergency clause in the ordinance. Assistant City Attorney DeWitt said he didn't know why. Director of Engineering Services Diede thought it may have to do with an interest payment due by July lat. It was asked that someone call the bond counsel to find out why there was a need for an emergency clause. COUNCILMAN SMITH MOVED TO POSTPONE CONSIDERATION OF COUN- CIL BILL NO. 22 UNTIL THE END OF THE MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. ORDINANCE NO. 25 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCILMAN SMITH 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 FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. I June 18, 1979 Page 10 The Mayor declared the motion carried. ORDINANCE NO. 26 SERIES OF 1979 * * * * * * BY AUTHORITY 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. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 28 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 26 INTRODUCED BY COUNCILMAN MANN AN ORDINANCE AMENDING SECTION 42, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, RELATING TO THE REPAIR, REPLACEMENT, LOWERING, AND THAWING OF WATER SERVICE LINES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD. COUNCILMAN MANN MOVED TO PASS COUNCIL BILL NO. 26 ON FIRST READING. Councilman Williams seconded the motion. Councilman Weber stated that the bill is not as compre- hensive as it needs to be but it is a good start to needed solu- ticns. June 18, 1979 Page 11 Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. Nays: None. Absent: Council Member Clayton. The Mayor declared the motion carried. * * * * * * ~ity Manager Mccown said he had received a letter from Cherry Hills Village about street improvements on Clarkson Street. Cherry Hills will be having a public hearing on September 17th to consider this item. In response to Mr. Weber's question, Mr. Mccown said that the reason the public hearing is not being held sooner may have something to do with their budget. Mayor Taylor said that he, Mr. Mccown and Kells Waggoner attended a meeting with Cherry Hills and Greenwood Village about Little Dry Creek. Urban Drainage District is beginning studies to build a new dam to replace the Berry and Prentice dams. * * * * * * Councilman Mann asked Jim Keller to speak on the vacancies on the Downtown Development Authority. Jim Keller, Executive Director of the Downtown Develop- ~ent Authority was present. He stated that Directors Curry and Maxwell's terms expire on June 30th. COUNCILMAN MANN MOVED TO NOMINATE JOHN MAXWELL AND GERRY VON FRELLICK TO FILL THE VACANCIES ON THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOOPMENT AUTHORITY. Councilman Williams seconded the motion. Councilman Weber questioned the qualifications of the nominees and make up of the current board. COUNCILMAN WEBER MOVED TO POSTPONE TO JULY 2, 1979 THE CONFIRMATION OF THE NOMINEES. Councilman Smith seconded the motion. Councilman Williams asked about the qualifications of the nominees. Mr. Keller stated that Mr. Maxwell has been a member of the board and Mr. Von Frellick is a property owner in the district. I June 18, 1979 Page 12 Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith. Council Members Williams, Harper, Mann, Taylor. Council Member Clayton. The Mayor declared the motion defeated. COUNCILMAN WEBER MOVED TO SPLIT THE QUESTION. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Weber, Smith. Nays: Council Members Williams, Harper, Mann, Taylor. Absent: Council Member Clayton. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to confirm Mr. Maxwell and Mr. Von Frellick resulted as follows: Ayes: Nays: Absent: Council Members Williams, Harper, Mann, Taylor. Council Members Weber, Smith. Council Member Clayton. The Mayor declared the motion carried. * * * * * * Council reconsidered agenda item 7 (B) pertaining to Council Bill No. 22. ORDINANCE NO. 27 SERIES OF 1979 BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 25, IN THE CITY OF ENGLEWOOD, COLORADO; APPROV- ING AND CONFIRMING THE APPORTIONMENT OF SAID COSTS TO EACH LOT OR June 18, 1979 Page 13 TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. Director of Engineering Services Diede returned to report on his conversation with Bill Lanm, bond attorney. Mr. Laum said that the emergency clause exists in the ordinance be- cause we must pay interest monthly for the bonds we don't pay back. Every month there is not an ordinance in effect the City must pay interest. This will cost about $2,700 per month. The City may aaaeas the property owners for the paving district with- out the contract being completed. In answer to Councilman Smith's question, Mr. Diede said that the proposed schedule has been fol- lowed. In response to Mr. Mccown, Mr. Diede stated that the costs were available on March 19 of this year. The City will be hold- ing payment to the contractor until satisfactory completion of the contract. Mayor Taylor called for the question. He asked that the motion be re-read. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 22 ON FINAL READING. Councilman Williams seconded the motion. Councilman Smith stated he would vote in favor of the bill only as a financial protest. The system of public hearings, when we don't pay any attention to it, is ridiculous. Something needs to be done to respond to the public. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Mann, Taylor. None. Council Member Clayton. The Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the meeting at 9:40 p.m.