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HomeMy WebLinkAbout1979-12-03 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 3, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 3, 1979, at 7:30 p.m. The invocation was given by Reverend Andy Hornbaker, Calvary Baptist Church, 4881 South Acoma Street. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of CoD111Unity Development Wanush Deputy City Clerk Watkins * * * * * * City Manager Mccown noted a correction on page 13, third paragraph of the minutes of the regular meeting of November 19, 1979. The correction being: " ••• City Manager Mccown stated appointments should be made as soon as possible with recoDlllendations from the Committee by the end of February of 1980. " COUNCIL MEMBER GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 19, 1979, AS AMENDED. Council Mem- ber Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. December 3, 1979 Page 2 Nays: None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors on the agenda. * * * * * * There were no other visitors to be heard at this time. * * * * * * "Conmunications -No Action Reconmended" on the agenda were received: (a) (b) (c) (d) (e) (f) Minutes of the Housing Authority meeting of November 1, Minutes of the Planning and Zoning Commission meeting of November 7, 1979 Minutes of the Downtown Development Authority meeting of November 14, 1979. MemorandlDD from the Director of Parks and Recreation to the City Manager concerning his attendance at the National Congress for Parks and Recreation, New Orleans, LA, October 29 to November 1, 1979. MemorandlDD from the Director of the Waste- water Treatment Plant to the City Manager concerning his attendance at the Water Pol- lution Control Federation Conference in Houston, Texas on October 7 -12, 1979. Financial Report through the month of Septem- ber, 1979. * * * * * * City Manger Mccown presented a memorandum from the Plan- ning and Zoning Co11111ission to City Council concerning an EDDA pro- posal relating to improvements of parking and enhancement of busi- ness places in the 3400 blqck of South Broadway, South Lincoln, and the 00 block of East Girard and East Hampden. December 3, 1979 Page 3 COUNCIL MEMBER SMITH MOVED TO RECEIVE THE MEMORANDUM AND PROPERLY CONSIDER IT AT THE PUBLIC HEARING ON DECEMBER 18, 1979. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 47 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. In response to Council Member Clayton's question, City Attorney Berardini stated the date of December 3rd should be in- serted as the date of the agreement. COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 42, SERIES OF 1979, ON FINAL READING. Council Members Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 48 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUES- TION. December 3, 1979 Page 4 COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1979, ON FINAL READING. Council Member Giseburt ·· seconded the motion. Council discussed at length the legislative matters of the ordinance. Council Members Smith, Giseburt, and Bilo spoke in favor of the unanimous passage of the ordinance and to incorporate an emergency clause in the event of the upcom- ing holiday season. Council Member Clayton stated he was not opposed to the ordinance but favored a ~5.00 deductible clause. COUNCIL MEMBER SMITH MOVED TO AMEND THE MOTION THAT THE TITLE BE CHANGED TO INCLUDE THE EMERGENCY CLAUSE AND THAT THE EMERGENCY CLAUSE BE ADDED AT THE END OF THE ORDINANCE. Coun- cil Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Council Member Williams. The Mayor declared the motion carried. Upon a call of the roll, the vote on Council Member Smith's original motion resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 49 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1979, ON FINAL READING. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: December 3, 1979 Page 5 Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 50 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CON- TAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 52, SERIES OF 1979, ON FINAL READING. Council Member Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 51 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1979, ON FINAL READING. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. December 3, 1979 Page 6 Nays: None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER WILLIAMS AN ORDINANCE AMENDING SECTION 61, CHAPTER 2, TITLE XII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY DELEGATING AUTHORITY TO THE DIRECTOR OF COMMUNITY DEVELOPMENT AND DIRECTOR OF PUBLIC WORKS TO GRANT ENCROACH- MENT PERMITS FOR FENCES, RETAINING WALLS, AWNINGS, CANOPIES, AND MARQUEES AND DECLARING AN EMERGENCY. COUNCIL MEMBER WILLIAMS MOVED TO PASS COUNCIL BILL NO. 54, SERIES OF 1979, ON FIRST READING. Council Member Smith sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER WILLIAMS AN ORDINANCE APPROVING AN AGREEMENT TO ENTER INTO AN EMPLOYEE BENEFIT TRUST AGREEMENT WITH OTHER COLORADO MUNICIPALITIES FOR THE ADMINISTRATION OF EMPLOYEE WELFARE BENEFIT AND INSURANCE PLANS. City Attorney Berardini transmitted copies of the agree- ment which would involve the Cities of Englewood, Littleton, and Longmont. December 3, 1979 Page 7 Council Member Giseburt discussed the need to review the terms of the agreement prior to passing the bill. COUNCIL MEMBER GISEBURT MOVED TO POSTPONE COUNCIL BILL NO. 55, SERIES OF 1979, UNTIL DECEMBER 18, 1979. Council Member Bilo seconded the motion. Council Member Keena requested information from the City Manager concerning the disadvantages and advantages of the agreement. ~. - City Manager Mccown explained at the present time the City of Englewood was self-insured for medical and dental insur- ance. An insurance service organization processed the City's bills and for that service was paid a percentage of the amount of insurance paid. There had been discussions with other cities concerning the possibility of pooling funds and going to one ser- vice administrator who would handle all the business for several cities and thereby result in a savings for the cities. Englewood would save approximately $30,000 a year in service charges. Each city would continue to have its own separate benefit package which would not change with this ordinance. The ordinance allows the three cities to combine in a trust and hire one service admini- strator. Assistant City Manager Curnes added that by the three cities joining together the total claim experience would be high- er; therefore, the City received a lower bid on the premium. Council Member Smith pointed out that Council could pass the bill on first reading and still have time to review the terms of agreement before it was presented on final. Council Member Giseburt withdrew his motion. Council Member Bilo withdrew his second to the motion. Upon a call of the roll, the vote on Council Member Williams's motion to pass Council Bill No. 55 on first read- ing resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Keena, Bi lo, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * I December 3, 1979 Page 8 Mayor Taylor declared a recess at 8:20 p.m. The Council reconvened at 8:35 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $190,500 FOR THE ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. City Attorney Berardini noted the following corrections to be made to the bill for an ordinance and to the attached agree- ment: 1. 2. 3. The first line of the title should be $226,000 instead of $190,500. In the agreement, under section Ill. Priorities. B. Priority Neighborhoods: -strike the word _ "initial" in the second line. In the agreement, under section V. Loan Limits. A. Monetary Loan Limits. -change the section to read as follows with (3) deleted: "The following monetary limits, which shall be reviewed annually, shall apply: (1) $15,000 per dwelling unit. (2) $40,000 per borrower." COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 56, SERIES OF 1979, ON FIRST READING INCLUDING THE AMENDMENTS December 3, 1979 Page 9 THAT WERE STATED BY THE CITY ATTORNEY. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 49 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING A MASTER PLAN FOR THE CITY OF ENGLEWOOD, COLORADO, ENTITLED "THE 1979 COMPREHENSIVE PLAN". COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 49, SERIES OF 1979. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Keena, Bilo, Clayton, Taylor. Council Member Giseburt. The Mayor declared the motion carried. RESOLUTION NO. 50 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING APPLICATION TO CHANGE LOCATION OF A RETAIL LIQUOR STORE LICENSE OF OLD TOWN LIQUORS FROM 325 EAST JEFFERSON TO 1215 EAST HAMPDEN AVENUE, ENGLEWOOD, COLORADO. COUNCIL MEMBER WILLIAMS MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1979. Council Member Giseburt seconded the motion. Council Member Keena acknowledged that neither she nor Mr. Bilo were eligible to vote on the application since they were not seated on Council at the time of the hearing. ~ouncil Member Smith spoke against granting the appli- cation on the basis of testimony given that changes were made to the posting of the notice of hearing. December 3, 1979 Page 10 Mayor Taylor stated he would like to vote against the application but since the needs and desires of the neighborhood were proved as not being met, he would have to vote in favor of the application. Council Member Giseburt queried whether or not there was anyway to survey a two block area inme d iately surrounding the establishment in future hearings. Council Member Bilo stated the vicinity in the near- est proximity should be surveyed. City Manager Mccown stated he had taken note of Coun- cil's concern at the hearing and the next time there was a hear- ing it would be discussed with the surveyor. Upon a call of the roll, the vote on Council Member Williams's motion to pass Resolution No. 50, Series of 1979, resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Giseburt, Clayton, Taylor. Council Member Smith. Council Members Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Attorney Berardini asked for direction from Coun- cil on the resolution concerning industrial revenue bonds for Porter Hospital. COUNCIL MEMBER GISEBURT MOVED THAT PORTER'S REQUEST BE PUT ON THE AGENDA FOR THIS MEETING. Council Member Smith seconded the motion. Upon a call of the roll, the vote result- ed as follows: Ayes: Nays: Council Members Giseburt, Smith. Council Members Williams, Keena, Bilo. Clayton, Taylor. The Mayor declared the motion defeated and stated the resolution would appear on the agenda for December 18, 1979. * * * * * * December 3, 1979 Page 11 City Manager Mccown transmitted for Council's information a memorandum from the A11i1tant City Manager concerning budget re- treat information requests from City Council. Mr. Mccown suggested that some items; in particular, the non-resident fees for the Malley Center be discussed next year at budget time. Council Member Gi1eburt asked what impact would the non- resident fees have on the effect of the participation at the Cen- ter. Mr. Mccown stated the transmitted information discussed only the pros and cons of initiating a non-resident fee collection referring to Mr. Tapply's memo to Mr. Romans. Mr. Mccown suggested that Council have a study session on this proposal if they desire to pursue it. Council Member Smith discussed the spalling concrete problem relating to Paving District No. 25. COUNCIL MEMBER SMITH MOVED TO BRING SUIT AGAINST WESTERN PAVING COMPANY TO GET THE PROBLEM FIXED AND FOR ANY DAMAGES AND EX- PENSES AND LIABILITIES INCURRED BY THE CITY OF ENGLEWOOD AND THE RE- SIDENTS FOR AS MUCH AS IS LEGALLY FEASIBLE. Council Member Giseburt seconded the motion. City Attorney Berardini asked for additional time to research the matter and its status before any legal action was taken. Council Member Smith withdrew his motion but requested that the issue be on the agenda for December 18, 1979. Council Member Giseburt withdrew his second to the motion. Council Member Bilo requested that the City Manager's office provide information to bring him up to date on the matter. City Atto~ney Berardini asked the City Manager for any information on the test results should they be available by the 18th of December. * * * * * * City Manager Mccown announced the resignation of Mr. Hugh Brown, Administrative Assistant, from the City of Englewood. Mr. Mccown stated Mr. Brown has accepted the position of Director of Administrative Services for the City of Wheatridge, Colorado. * * * * * * December 3, 1979 Page 12 City Manager Mccown stated the next meeting, December 18, 1979, would be a special meeting and only items on the agenda could be discussed; therefore, if Council wanted any particular items on the agenda, they were to contact the City Manager's office the first of next week. Mayor Taylor stated Council should have an executive session on December 18th to discuss salaries for the City Manager, City Attorney, and Municipal Court Judge for the year 1980. Council Member Smith stated a report on the National League Cit s conf r nc would b submitted for the agenda of the 18th. * * * * * * Council Member Giseburt requested that the new Council consider removing the parking permit fee required from residents who park in front of their property. Mr. Giseburt stated the City presently provides several free services for citizens and residents who want to part in front on their property should be able to do so without charge. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 9:10 p.m.