Loading...
HomeMy WebLinkAbout1979-10-15 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEl«>OD, COLORADO October 15, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 15, 1979, at 7:30 p.m. Mayor Taylor, preaiding, called the meeting to order. The invocation waa fiven by Mr. Malcolm L. Bartee, Englewood Church of Chriat, 4 90 South Logan Street. The Pledge of Allegiance waa led by Girl Scout Troop 1282. Mayor Taylor aaked for roll call. Upon a call of the roll, the following were preaent: Council Member• Williama, Giaeburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorwm preaent. * * * * * * Also present were: City Manager Mccown Aaaiatant City Manager Curnes City Attorney Berardini Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCILMAN GISEBURT t«>VED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 1, 1979. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Member• Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. * * * * * * October 15, 1979 Page 2 Pre-scheduled visitor, Jack Patterson, 3587 South Ogden Street, was not preaent. * * * * * * Mayor Taylor aaked if there were any other visitors wish- ing to be heard. Terry Marinkovich, 5699 Green Oaks Drive, Littleton, appeared before Council. Ma. Marinkovich stated she was repre- senting All Soula Catholic Church, 435 Pennwood Circle, in a re- quest that a public hearing date be set for their special events liquor license application. Ma. Marinkovich stated the appli- cation is for a fund raiaing dance on November 17, 1979. COUNCii.MAM CLAYTON K>VED THAT THE PUBLIC DATE FOR THE SPECIAL EVENTS PERMIT APPLICATION FROM ALL SOULS CATHOLIC CHURCH, 435 PENNWOOD CIRCLE, BE PUT OR nlE DOCKET NOVEMBER 5, 1979, AT 7:45 P.H. Councilman Giaeburt aeconded the motion. Upon a call of the roll, the vote reaulted aa follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Rone. Council Member Williams. The Mayor declared the motion carried. * * * * * * There were no other visitors to be heard. * * * * * * "CoD111Unications -No Action Recomnended" on the agenda were received: (a) (b) (c) Minutes of the Housing Authority special meeting of August 22 and regular meeting of August 29, 1979. Minutes of the Parks and Recreation Comnis- sion meeting of September 13, 1979. Minutes of the Planning and Zoning Comnis- sion meeting of September 18, 1979. October 15, 1979 Page 3 (d) (e) (f) (g) Minutes of the Downtown Development Authority meeting of September 26, 1979. Financial Report through the month of August, 1979. Municipal Court Activity Report for the month of September, 1979. Memorand\B from the City Clerk to City Council certifying the candidates for the November 6, 1979 election. * * * * * * Council grant d City Manager Mccown'• request that agenda item 6 (a) minutes of the Water and Sewer Board meeting of September 25, 1979, be delayed until Mr. Fonda, Director of Utilities, ar- rived and could diacuaa the Board'• recoDIDendations. * * * * * * City Manager Mccown discussed the current vacancy on the Election CoD1Dission and preaented letters of several people who have expressed interest in serving on various boards and colllDis- sions for the City. Mr. McCown stated the current vacancy was created by the resignation of Betty Keena. The term expires on February 1, 1982. COUNCILMAN SMITH MOVED THAT A. A. HALL BE APPOINTED TO FILL THE VACANT POSITION ON THE ELECTION COMMISSION. Council- man Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. 40 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE October 15, 1979 Page 4 XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY REVISING THE SYSTEM OF CHARGES FOR SEWER TAPS BY CHARGING FOR SAID TAPS ON THE BASIS OF WATER METER SIZE; AND INCREASING THE SEWER TAP FEE INSIDE AND OUTSIDE THE CITY; DELETING THE RATE SCHEDULE FOR SEWER MAIN EXTENSIONS FOR INDUSTRIAL AND COMMERCIAL PROPERTIES INSIDE THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD. COUNCILMAN CLAYTOR !l>VED TO PASS COUNCIL BILL NO. 43, SERIES OF 1979, 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, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. '11le Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979-- * * * * * * BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. COUNCILMAN CLAYTON MOVED TO POSTPONE COUNCIL BILL NO. 42, SERIES OF 1979 UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. '11le Mayor declared the motion carried. * * * * * * COUNCILMAN HARPER tl>VED TO APPROVE THE PROCLAMATION DE- SIGNATING OCTOBER 24, 1979, AS UNITED NATIONS DAY. Councilman October 15, 1979 Page 5 Clayton seconded the resulted as follows: Ayes: Nays: Absent: The Mayor motion. Council Harper, None. Council declared Upon a call of the roll, the vote Members Williama, Giaeburt, Smith, Clayton, Taylor. Member Mann. the motion carried. Mayor Taylor presented the proclamation to Marten Lathrop who has been appointed by the Mayor as the Englewood Chairman for United Nations Day. Mr. Lathrop accepted the proclamation and thanked the Council for the honor. Mr. Lathrop announced that a special pro- gram comnemorating the day baa been planned at the Elsie Malley Centennial Center on October 27, 1979. * * * * * * COUNCILMAN CLAYTON K>VED TO APPROVE THE PROCLAMATION DESIGNATING THE WEEK OF OCTOBER 21 -27, 1979, AS "NATIONAL BUSI- NESS WOMEN'S WEEK". Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williama, Giseburt, Smith, Harper, Clayton, Taylor. None. The Mayor declared the motion carried. There was no representative in attendance from the Na- tional Federation of Business and Professional Women's Club to accept the proclamation. Mayor Taylor stated Ma. Marjorie Hargadine from the Englewood Business and Professional Women's Club was the current state president. Mayor Taylor comnented on the favorable recog- nition and honor such an appointment brings to Englewood. * * * * * * City Attorney Berardini gave a report on the results of the case of Councilman Vern Mann vs. the Englewood City Council. Mr. Berardini stated the judge heard the case last Thursday and has ruled that the preliminary injunction be denied and the case I October 15, 1979 Page 6 be dismissed. Mr. Berardini stated the case may be taken to a high- er court; however, he did not know of any motion filed by Mr. Mann's attorney to do so at this time. ORDINANCE NO. 41 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1980 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1979, ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. '1'he Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1980. COUNCILMAN WILLIAMS K>VED TO PASS COUNCIL BILL NO. 48, SERIES OF 1979, ON F RST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: October 15, 1979 Page 7 Ayes: Nays: Absent: Council Members Williams, Giseburt, Harper, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 47 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, CONSTITUT- ING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1980. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 47, SERIES OF 1979, ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 40 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. City Manager McCown stated the resolution concerns the grant received from the Colorado Department of Highways, Division of Safety, for a traffic engineering study. October 15, 1979 Page 8 COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 40, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members William•; Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Williams. '11le Mayor declared the motion carried. RESOLUTION NO. 41 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE 1979 GENERAL FUND BUDGET. City Manager Mccown stated the resolution concerns the purchase of the mini-pumper for use in the Englewood Fire Depart- ment. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. RESOLUTION NO. 42 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE GENERAL FUND BUDGET FOR 1979. City Manager Mccown stated the resolution concerns a correction to be made in the Road and Bridge Fund and budgeting monies to the Public Works (Streets) budget. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: October 15, 1979 Page 9 Ayes: Nays: Absent: Council Members Williama, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Connunity Development concerning establishment of a Building Code Review Co111Dittee for the purposes of reviewing the 1979 National Codes and improving co11111Unication relations between the Building Department and the public. Mr. Mccown stated the Director recomnended that the following co111Dittee be comprised of the following: 1. Four contractors. 2. One member from the Downtown Development Authority. 3. Two members from the Chamber of Co111Derce. 4. One architect. 5. One member from the Home Builders' Association. 6. One member from the Board of Realtors. 7. One member from the Board of Adjustment and Appeals. 8. Two citizens. Mr. Mccown also discussed the tentative schedule for which the Council would formulate the co111Dittee and expect a final report from said committee. COUNCILMAN CLAYTON MOVED THE COMMITTEE BE ESTABLISHED TO REVIEW THE BUILDING CODES AND BE MADE UP AS FOLLOWS: 1. FOUR GENERAL CONTRACTORS TO INCLUDE ONE LARGE GENERAL CONTRACTOR, ONE SMALL GENERAL CONTRACTOR, ONE ELECTRICAL CONTRACTOR, AND ONE PLUMBING AND MECHANICAL CONTRACTOR. 2. 3. ONE MEMBER FROM THE BOARD OF ADJUSTMENT AND AP- PEALS. SEVEN CITIZENS TO BE APPOINTED ONE BY EACH COUN- CILMAN. Councilman Giseburt seconded the motion. Councilman Smith spoke against the motion. Mr. Smith stated the purpose of the reco11111endation was based upon complaints I October 15, 1979 Page 10 from people attempting to build businesses in the City of Englewood and not from the general citizenry. Therefore, the Conmittee should be made up of those people interested in improving the business com- munity with some citizens to monitor it. Councilman Clayton stated people from the various as- sociations could be appointed to the colllllittee by each council- member. Councilman Harper stated the representation outlined in Mr. Wanush's memo was very broad and urged defeat of the motion. -· Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Clayton. Council Members Williams, Smith, Harper, Taylor. Council Member Mann. The Mayor declared the motion defeated. COUNCii.MAR SMITH MOVED TO ADOPT THE OUTLINE OF THE BUILD- ING CODE REVIEW CQ)illlTTEE AS OUTLINED IN THE MEMO OF SEPTEMBER 17, 1979, FROM MR. WANUSH. Councilman Harper seconded the motion. Upon a call of the roll, the vote re1ulted a1 follows: Ayes: Nays: Absent: Council Members Williama, Smith, Harper, Taylor. Council Members Giaeburt, Clayton. Council Member Mann. The Mayor declared the motion carried. Councilman Smith auggeated that the positions for the citizen memberahip be advertized in the newspaper and that staff contact several contractor• to aolicit their participation and then brinf back reco111Dendation1 to Council. Council agreed with Mr. Smith s suggeation. Mayor Taylor recognized James Keller of the Downtown De- velopment Authority and asked if he had any questions concerning the co111Dittee. Mr. Keller aaked if eligible members had to be residents of Englewood. October 15, 1979 Page 11 City Attorney Berardini stated he did not think it would be a legal requirement to be a resident. City Attorney Berardini added that the codes themselves have been drafted by individual organizations throughout the entire United States and are almost national in scope. Mr. Berardini stated Council may want a broad representation and not limit it to the City itself. * * * * * * City Manager Mccown presented and discussed a memorandum relating to the Six-Quarter Budget for the period of October, 1979, to March, 1981, and the related resolution amending only 1979 por- tion of the budget. RESOLUTION NO. 43, SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 43, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote -resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO AMEND THE SIX-QUARTER BUDGET AS PRESENTED AND THAT LITl'LE DRY CREEK FOR 1980 BE REDUCED FROM $531,625 TO $324,625 ARD THAT THE REDUcrION TOTALS $207,000; AND THAT THE $207,000 BE DISTRUBTED AS FOLLOWS: $135,000 TO THE ENGLE- WOOD DOWNTOWN DEVELOPMENT AUTHORITY, $32,000 TO THE PISTOL RANGE, ARD $40,000 FOR DUNCAN PARK. Councilman Clayton seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * October 15, 1979 Page 12 City Manager Mccown stated the Director of Utilities, Stu Fonda, had arrived and waa prepared to present agenda item 6 (a) the minute• of the Water and Sewer Board meeting of Sep- t emeber 25, 1979, and the reco11111endations contained therein. Director Fonda appeared before Council and presented the reco11111endation concerning Supplement 68, 69, 70, 71 South- gate Sanitation District. COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENTS 68, 69, 70, 71 TO SOunlGATE SANITATION DISTRICT SUBJECT TO RECEIPT OF LET- TER FROM SOUTHGATE SANITATION DISTRICT THAT ACKNOWLEDGES UNDER- STANDING BY 'nlE DISTRicr THAT NO ADDITIONAL TAPS WILL BE GRANTED UNDER THE TAP ALLOCATION FORMULA BECAUSE OF THE ADDITIONAL LAND ADDED TO THE DISTRicr UNDER THIS AND FUTURE SUPPLEMENTS. Council- man Harper seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayea: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Haya: None. Absent: Council Member Mann. '11le Mayor declared the motion carried. * * * * * * Director Fonda stated the Water and Sewer Board is also recomnending participation in the Denver Water Board Weather Modi- fication atudy. Mr. Fonda stated if enough interest was shown by local municipalities along with the financial support, then the Denver Water Board stated they would be willing to go and ask the governor for matching funds for a larger study as well as the fed- eral government that would ultimately result in a weather modifi- cation profram. Mr. Fonda stated the study was more or less a cloud seed ng study. Mr. Fonda added such support would also show Englewood' a appreciation for the Water Board's help in the water main break criaia this summer. COUNCILMAN HAPRER MOVED TO APPROVE PARTICIPATION IN THE DENVER WATER BOARD WEATHER MODIFICATION STUDY AND TO APPROVE FUNDING $1,000 TOWARDS THIS EFFORT. Councilman Clayton seconded the motion. Councilman Harper stated the Water and Sewer Board asked that he relay to Council that they thought participation was im- portant to the City of Englewood because of the cooperation shown by Denver thia summer and for the need of the study of the problem for the future. October 15, 1979 Page 13 In response to Councilman Clayton's question,. City Manager Mccown stated funds were available in the budget to participate in the study. At the request of Mayor Taylor, Director Fonda explained that the main purpose of the weather modification study was to ex- amine the effects of cloud seeding. Mayor Taylor stated he was skeptical of a project of this type even though a small amount of money is involved. The fact that Denver helped Englewood this summer leaves two things to be consider- ed -1) Englewood would reciprocate help if Denver were to have an emergency; and 2) Englewood paid for the water that was used at a metered rate. Mayor Taylor stated he did not believe in the concept of cloud seeding. City Manager Mccown stated the Denver Water Board is more interested in studying the long-term results of cloud seeding rather than the effectiveness of cloud seeding itself. Upon a call of the roll, the vote on Councilman Harper's motion resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton. Council Member Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor discussed establishing a liquor licensing authority. The Mayor aaked that the City Attorney draft a model ordinance establishing the agency and its responsibilities for dis- cussion at a study seasion in the near future. * * * * * * Councilman Smith requested information concerning the I problems with Phase II of the Bi-City Plant and the general over- all tap problem the City was now experiencing. Mr. Smith stated · he would like to aee reaolutions that have been passed by Little- ton for some coordination between Englewood and Littleton, resolu- tions for Englewood to pass, and letters from the sewer sanitation districts at the next regular Council meeting. Mr. Smith also re- quested that the ataff contact the Colorado Municipal League for the purpose of getting on the National League of Cities' agenda October 15, 1979 Page 14-- with the appropriate cot1111ittee to present the resolutions. Smith recomnended that the resolutions include that they be to the Capitol City Conference in March of 1980. Mr. Smith gested that copies of the resolutions be sent to the proper lators. Mr. brought sug- legis- Mayor Taylor instructed the City Manager to follow through on Councilman Smith's request. * * * * * * There was no further business to discuss. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 8:50 p.m.