HomeMy WebLinkAbout1979-12-18 (Regular) Meeting MinutesREGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DECEMBER 18, 1979
lbe City Council of the City of Englewood, Arapahoe County, Colorado,
met in regular session on December 18, 1979, at 7:30 P.M.
Mayor Taylor, presiding, called the meeting to order.
'nle invocation was given by Reverend William Rhoades, United
Presbyterian Church, 3500 South Logan Street. lbe Pledge of Allegiance was
led by Boy Scout Troop #154.
Mayor Taylor asked for a roll call. Upon a call of the roll,
the following were present:
Council Members Williams, Giseburt, Smith, Bilo, Clayton, Taylor.
Absent: Council Member Keena.
lbe Mayor declared a quorum present.
* * * * * *
Also present were: City Manager McCown
Assistant City Manager Curnes
City Attorney Berardini
Director of CoD111unity Development Wanush
Director of Engineering Services Diede
Deputy City Clerk Johannisson
* * * * * *
COUNCILMAN SHI111 MOVED TO APPROVE THE MINUTES OF THE REGULAR
MEETING OF DECEMBER 3, 1979. Councilman Bilo seconded the motion. Upon the
call of the roll, the vote r sultcd as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Bilo,
Clayton, Taylor.
None.
Council Member Keena.
lbe Mayor declared the motion carried.
* * * * * *
December 18, 1979
Page 2
COUNCILMAN WILLIAMS MOVED TO PROCLAIM THE FIRST WEEK IN JANUARY
AS PIRATE BAND WEEK. Councilman Clayton seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Bilo, Clayton,
Taylor.
None.
Council Member Keena.
'llle Mayor declared the motion carried.
'llle Mayor presented the proclamation to Mr.· David Boardman, President
of the Englewood High School Band, and Mr. Jess Gerardi, Director of the Englewood
High School Band.
* * * * * *
Mr. Byron Sutton, 2500 West Hampden Avenue, was present to discuss
the golf ball situation at the Englewood Golf Course.
Mayor Taylor explained the City of Englewood's stand in this situation
as it relates to liability. Councilman Smith thought that the staff was to prepare
a new report on the golf ball situation and present it to Council. City Manager
McCown stated that he did not understand that this was the case.
COUNCILMAN SMI111 tl>VED TO ADOPT ALTERNATE NO. 1 IN THE REPORT PRE-
SENTED BY THE PARKS AND RECREATION DEPAR'IMENT ON APRIL 27, 1979 AND THAT BARRIER
BE ACCOMPLISHED WITHIN A REASONABLE TIME FRAME AND WITH ANY MODIFICATIONS DEEMED
NECESSARY BY THE PARKS AND RECREATION DEPAR'IMENT. Councilman Giseburt seconded
the motion. Upon the call of the roll, the vote resulted as follows:
Ayes: Council Members Giseburt, Smith, Clayton.
Nays: CoWlcil Members Williams, Bilo, Taylor.
Absent: Council Member Keena.
'llle Mayor declared the motion defeated.
* * * * * *
COUNCILMAN WILLIAMS MOVED TO OPEN A PUBLIC HF.ARING TO CONSIDER
PROPOSED IMPROVEMENTS IN THE 3400 BLOCK OF SOUTH LINCOLN AND SOUTH BROADWAY.
Councilman Clayton seconded the motion. Upon the call of the roll, the vote
resulted as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Council Member Keena.
December 18, 1979
Page 3
'nle Mayor declared the motion carried.
James T. Keller, Executive Director for the Downtown Development
Authority, presented the proposal of the Englewood Downtown Development Authority.
Richard Wanush, Director of CoDIDunity DEielopment for the City of
Englewood, presented a reconaendation from the Planning and Zoning Conmission
approving the proposal with certain exceptions.
Mayor Taylor asked if there was anyone in the audience who wanted
to speak in favor of the proposal.
Fred Kaufman, 2800 South University, owner of Kaufman's Mens Wear
and Chairman of the Downtown Development Authority, spoke in favor of the proposal.
Mayor Taylor asked if there was anyone in the audience who wanted
to speak against the proposal. there were none.
City Manager Mccown stated that the City had received a letter
from Ralph Murphy, President of Murphy Corporation, that was opposed to the
proposal.
COUNCILMAN GISEBURT MOVED TO CLOSE TiiE PUBLIC HEARING TO CONSIDER
THE PROPOSED IMPROVEMENTS IN TiiE 3400 BLOCK OF SOUTii LINCOLN AND SOUTii BROADWAY.
Col.Ulcilman Bilo seconded the motion. Upon the call of the roll, the vote resulted
as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Council Member Keena.
'nle Mayor declared the motion carried.
* * * * * •
COUNCILMAN SMI'DI MOVED TO ACCEPT THE RECOMMENDATION OF THE ENGLE-
WOOD DOWN'IWN DEVELOPMENT AtmlORITY WHICH COMPRISES THE CORE DEVELOPMENT PROJECT
AND SUPPLEMENT PROJECTS OUTLINED IN THE COUNCIL COMMUNICATION. Councilman Bilo
seconded the motion.
Councilman Smith commended the Englewood Downtown Development
Author! ty and the work that it has done in bringing this proposal to Council.
Upon the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Council Members Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Df!cember 18, 1979
Page 4
Absent: Council Member Keena.
'nle Mayor declared the motion carried.
* * * * * *
'nle Mayor called a recess at 8:50 p.m.
at 9:05 p.m. Mayor Taylor asked for roll call.
following were present:
'nle Council reconvened
Upon a call of the roll, the
received:
Council Meni>ers Williams, Giseburt, Smith, Clayton, Bilo, Taylor.
Absent: Council Member Keena.
'nle Mayor declared a quorum present.
* * * * * *
"Communications -No Action Recommended" on the agenda were
(a) Minutes of the Board of Career Service Commissioners meetings
of September 20 and October 25, 1979.
(b) Minutes of the Board of Adjustment and Appeals meetings of
October 10 and November 14, 1979.
(c) Minutes of the Englewood Public Library Board meeting of
Noveni>er 13, 1979.
(d) Minutes of the Planning and Zoning Commission meeting of
November 27, 1979.
(e ) Minutes of the Englewood Downtown Development Authority
meeting of November 28, 1979.
(f) Municipal Court Activity Report for the month of November,
1979.
(g) Memorandum from the City Manager to City Council concerning
his attendance at the National League of Cities Conference
in Las Vegas, Nevada, November 25-28, 1979, and a report on
General Revenue Sharing.
City Manager Mccown briefed City Council on his attendance at the
National 1.enguc of Cltl s ConforenC' in LaH V gas, N vada, on November 25-28,
1979. He stated that a large part of the Conference was directed toward the
discussion of General Revenue Sharing. Councilman Smith stated that the new
Council should address the revenue sharing problem as soon in January as they
can get to it. He also stated that Council should appoint one of their meni>ers
to act as a personal representative to lobby for passage of the revenue sharing
bill.
* * * * * *
COUNCILMAN SMl'nt MOVED TO SET A PUBLIC HF.ARING ON JANUARY 28, 1980
AT 8:00 P.H. OR AS SOON THEUAPTIR AS THE LI'ITLPJIORN HEARING IS FINISHED TO
CONSIDER A REQUEST TO REZONE LOTS 4 & 5 OF SANDRA'S SUBDIVISION FROM R-1-C,
Slt«;LE FAMILY RESIDENCE, TO R-2, MEDIUM DENSITY RESIDENCE. Collllcilman Clayton
seconded the motion. Upon the call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Melllbers Williams, Giseburt, Smith, Clayton,
Taylor.
Council Member Bilo.
Council Melllbe/ Keena.
'nle Mayor declared the motion carried.
* * * * * *
COUNCILMAN WILLIAMS t«>VED TO APPROVE THE LIQUOR LICENSE RENEWALS
FOR KING SOOPERS STORE, 5050 SOU'nt FEDERAL BLVD., SOUTII DOOR, 5470 SOUnI BROADWAY,
SHOP N GO MARKET, 2901 SOUTH BROAmlAY, 7-11 STORE, 4400 SOUTII BROADWAY, ALBERTSON
FOOD CENTER, 5175 soum BROAmJAY' AND TO REQUIRE THE ENGLE.WOOD LIQUOR STORE,
3434 SOUTH BROADWAY, TO APPEAR BEFORE CITY COUNCIL ON JANUARY 7, 1980 TO ANSWER
QUESTIONS REGARDING THE LIQUOR VIOLATION LISTED BY TIIE ENGLE.WOOD POLICE DEPARTMENT
FOR SALE OF LIQUOR TO MINORS. Councilman Bilo seconded the motion. Upon the
call of the rol , the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Council Member Keena.
'nle Mayor declared the motion carried.
* * * * * *
COUNCILMAN WILLIAMS MOVED TO POSTPONE CONSIDERATION OF THE REPORT
FROM PORTER'S HOSPITAL CONCERNING THE INDUSTRIAL REVENUE BONDS FOR FINANCING
OF CONSTRUCTION OF IMPROVEMENTS TO THE HOSPITAL FACILITIES UNTIL FEBRUARY, 1980.
Councilman Bilo seconded the motion. Upon the call of the roll, the vote
resulted as follows:
Ayes: Collllcil Member Williams.
Nays: Council Members Giseburt, Smith, Clayton, Bilo, Taylor.
Absent: Council Member Keena.
The Mayor declared the motion defeated.
December 18, 1979
Page 6
COUNCILMAN SMITH MOVED TO TABLE CONSIDERATION OF THE PORTER HOSPITAL
BONDS. Councilman Bilo seconded the motion. Upon the call of the roll, the
vote resulted as follows:
Ayes: Council Members Giseburt, Smith, Clayton, Bilo, Taylor.
Nays: Council Member Williams.
Absent: Council Member Keena.
nie Mayor declared the motion carried.
ORDINANCE NO. 52
SERIES OF 1979
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 54
INTRODUCED BY
COUNCILMAN CLAYTON
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 ENCROACHMENT PERMITS FOR FENCES, RETAINING
WALLS, AWNINGS, CANOPIES , AND MARQUEES AND DECLARlNG AN EMERGENCY.
COUNCILMAN WILLIAMS MOVED TO APPROVE COUNCIL BILL NO. 54, SERIES OF
1979, ON FINAL READING.· Councilman Giseburt seconded the motion. Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Meai>ers Williams, Giseburt, Smith, Clayton, Bilo,
Taylor.
None.
Council Meai>er Keena.
nte Mayor declared the motion carried.
ORDINANCE NO. 53
SERIES OF 1979
* * * * * *
BY AUTifORITY
COUNCIL BILL NO. 55
INTRODUCED BY
COUNCILMAN 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.
December 18, 1979
Page 7
COUNCILMAN MOVED TO APPROVE COUNCIL BILL NO. SS, SERIES OF 1979,
ON FINAL READING. Councilman Giseburt seconded the mtion. Upon a call of the
roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Council Member Keena.
lbe Mayor declared the motion carried.
ORDINANCE NO. S4
SERIES OF 1979
* * * * * *
BY AUTIIORITY
COUNCIL BILL NO. S6
INTRODUCED BY
COUNCILMAN CLAYTON
AN ORDINA.~CE GRANTING TO THE ENGLEWOOD HOUSING AUTHORITY $226 ,000 FOR TIIE
ENGLEWOOD HOME REHABILITATION PROGRAM AND AMENDING AN AGREEMENT BETWEEN TIIE
CITY OF ENGLmlOOD AND THE ENGLmlOOD HOUSING AUTHORITY FOR ADMINISTRATION OF
THE HOME REHABILITATION PROGRAM.
COUNCILMAN CLAYTON MOVED TO APPROVE COUNCIL BILL NO. S6, SERIES
OF 1979, ON FINAL READING. Councilman Smith seconded the motion. Upon a call
of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Member Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Council Member Keena.
lbe Mayor declared the motion carried.
ORDINANCE NO. --SElllF.S OF 1979
* * * * * *
BY AU1110RITY
A BILL FOR
COUNCIL BILL NO. 57
INTRODUCED BY
AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE
(MODIFICATION TO MODEL TRAFFIC CODE, 1977 EDITION) DELETING TIIE ANNUAL FEE CHARGED
FOR SAID RESIDENTIAL O~STREET PARKING PERMITS.
De c e mb e r 18, 1979
Page 8
It died for a lack of a second to the motion.
City Attorney Berardini stated that City Council could not consider
this Bill because this was the last meeting of this Council.
COUNCILMAN CLAYTON MOVED TO POSTPONE CONSIDERATION OF A BILL AMENDING
CHAPTER 2, TITLE XIV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE DELETING THE ANNUAL
FEE CHARGED FOR SAID RESIDENTIAL ON-STREET PARKING PERMITS TO THE SECOND REGULAR
MEETING IN JANUARY, 1980. Councilman Giseburt seconded the motion. Upon the
call of the roll, th e vote resulted as follows:
Ayes: Council Members Giseburt, Clayton, Bilo.
Nays: Council Members Williams, Smith, Taylor.
Ab s ent: Council Member Keena.
'nle Mayor declared the motion defeated.
COUNCILMAN SMITH MOVED TO TABLE CONSIDERATION OF THE BILL AMENDING
CRATER 2, TITLE XIV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE DELETING THE ANNUAL
FEE CHARGED FOR SAID RESIDENTIAL O~STREET PARKING PERMITS. Councilman Bilo
seconded the motion. Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Giseburt, Smith, Clayton, Bilo, Taylor.
Nays: Council Member Williams.
Absent: Council Member Keena.
'nle Mayor declared the motion carried.
RESOLUTION NO. 51
SERIES OF 1979
* * * * * *
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY,
AND MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YF.AR 1980.
COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERIES OF 1979
WITH nlE FOLLOWING SALARIES: CITY MANAGER -$39,920, CITY ATTORNEY -$37,519,
MUNICIPAL COURT JUDGE -$33,100, ASSOCIATE JUDGE -$267.50 PER DAY. Councilman
Giseburt seconded the motion.
COUNCILMAN SMinl MOVED TO AMEND RESOLUTION NO. 51 AND CHANGE $267.50
PER DAY FOR 111E ASSOCIATE JUDGE TO $250.00 PER DAY FOR THE ASSOCIATE JUDGE.
Councilman Bilo seconded the motion. After brief discussion, Councilman Smith
and Bilo withdrew their motion to amend and second the motion.
December 18, 1979
Page 9
Councilman Williams requested that the $267.50 per day be changed
to $250.00 for the Associate Judge. Councilman Giseburt who seconded the motion
to approve Resolution No. 51 agreed to the change in the salary for the Associate
Judge.
COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 51, SERI~ OF 1979
WITH THE FOLLOWING SAi.ARi~: CITY MANAGER -$39,920, CITY ATTORNEY -$37,519,
MUNICIPAL COURT JUDGE -$33, 100, ASSOCIATE JUDGE -$250.00 PER DAY. Councilman
Giseburt seconded the motion. Upon the call of the roll, the vote resulted as
follows:
Ayes:
Nays:
Absent:
Council Members Williams, Giseburt, Smith, Clayton,
Bilo, Taylor.
None.
Council Member Keena.
n. Mayor d clarc d th motion carried.
Councilman Bilo requested City Manager McCown to submit a report
to the new City Council. 'nle report is to contain comments f~om Judge Parkinson
regarding the salary of the Associate Judge.
* * * * * *
City Manager McCown requested Director of Engineering Services
Diede to present the report about concrete spalling in Paving District No. 25.
Mr. Diede presented his report to City Council.
Councilman Smith and Councilman Bilo requested that Mr. Diede's
re .. rks be included in the minutes verbatim.
"My name is Gary Diede, Di rector of Engineering Services for the
City of Englewood. 'nle report I submitted refers back to a report
dated November 2, 1979 which explained at that time the concrete
spalling problem that we are having on Paving District No. 25.
'nle latest memo dated December 12th updates that memo and explains
briefly that we are in the same situation waiting for the concrete
testing results. I have laid out two procedures, I guess, my office
wo uld take aft r rec e iving that r e port. I would still go to the
contractor and demand that the spalling concrete be removed and
replaced. If we don't get results of a time schedule or action
from the contractor at that point, I think Bernie might have to
agree with this 30 days be a reasonable length of time to ask him
to respond. 'Dien at that time we would have to take whatever legal
action our City Attorney's Office would require in order to get
the work done satisfactory to the City."
"We saw the concrete spalling problem in February of 1979. At that
point there was a lot of discussion in the metro area with what
the problem was. Other cities were trying to get together with
their contractors and trying to find out what the problem was.
December 18, 1979
Page 10
During the spring, we came up with a final punch list because as
the winter went on last year we found that more and 100re areas
were spalling. So, I believe, in Ha~ we came out with the original
list of the sections in the City that had spalling. 'llle contractor
didn't agree with those. We met back in the field later, I think
in July, going over every stone that we felt was spalled. He said
that he had problems with it. He didn't feel that he was liable
for it, and so on. Anyhow, we coq>leted our punch list and at
that time the cities and contractors were going to go together
and hire a laboratory testing and consulting engineer to try to
determine what was causing the problem because we didn't want to
go out and just repour the concrete if we didn't know what was
causing it to spall. 'lllis problem isn't just in Englewood, it's
in Denver, Aurora, it's in Wyoming, it's in Idaho, it's in a lot
of states and there is a lot of speculation because we imported
cement to mix with the concrete. Nobody really knows at this point
and there are millions of dollars out there and millions of dollars
in liability for someone. If they start replacing it at the contractors
expense, there are a lot of contractors that are going to go under
and they don't want to take that responsibility. So they are stick-
ing pretty much together saying, "It's an industry-wide problem,
nobody knows what is causing it, so how can you hold a contractor
liable." Anyhow, after we went through this· process during the
summer, the contractors decided that they did not want to participate
with the municipalities in this area to do the · testing. So, the
Cities of Lakewood, Denver, Aurora, and Englewocd decided that we
were about the four cities left that were going to really attack
the problem. Littleton said that they had so little concrete that
they were just going to let it go and replace it on their own.
Some of the other cities didn't think they had a bad enough problem
so they decided not to go along. So the four cities I just mentioned
decided to have the concrete testing performed. Lakewood said they
would carry the ball. ntey would investigate laboratories and so
on and they came up with a list of four people to actually do the
work. In the process of Lakewood putting the program together,
the guy that was doing that resigned and he went to work for some-
one else and in the process we have to start all over again. And
that is why we are so late at this point. So we are fairly assured
now that we are going to get the test results before December 31st,
but if the laboratories don't have their concrete testing done for
all four cities at that time, they don't want to submit a report.
ntey want to submit one report for all four cities and not one
individually for Englewood and one individually for Aurora. So we
have to wait for all four reports to be combined into one."
* * * * * *
COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING.
Mayor Taylor adjourned the meeting without a vote at 10:10 P.M.
Deputy