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HomeMy WebLinkAbout1979-03-19 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 19, 1979 REGULAR MEETING: The City Council of the City of Englewood. Arapahoe County. Co1orado. met in regu1ar session on March 19. 1979. at 7:30 p.m, The invocation was given by Reverend Weldon Shuman, Englewood Church of the Nazarene, 4775 South Pearl Street. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Pro Tem Mann asked for roll call. Upon a call of the roll, the following were present. Council Members Williams, Weber, Smith, Harper, Mann. Absent: Council Members Clayton, Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Finance/ex officio City Clerk James Deputy City Clerk Watkins * * * * * * Mayor Pro Tem Mann stated Councilman Clayton would be late and Mayor Taylor was out of town on vacation. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE SPECIAL MEETING OF MARCH 12, 1979 AS SUBMITTED. Harper seconded the motion. Upon a call of the resulted as follows: MINUTES 0 F THE Councilman roll, the vote Ayes: Council Members Harper, Williams, Weber, Smith, Mann. Nays: None. Absent: Council Members Clayton, Taylor. March 19, 1979 Page 2 The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 13, 1979, FOR BOTH AGENDA ITEMS (B) AND (C). Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Williams, Weber, Smith, Mann. None. Council Members Clayton, Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * There were no pre-scheduled visitors present. * * * * * * Mayor Pro Tem Mann asked if there were any other visitors in the audience wishing to be heard. Mr. Oliver Giseburt, 3171 South High, appeared before Council and addressed the issue of who should bear the cost of thawing water pipes that lie in the City's right-of-way. Mr. Giseburt stated he felt the current law is antiquated; and in his opinion the financial situation of the City was ample enough to maintain the water lines up to the property line. Councilman Clayton entered the meeting at 7:45 p.m. Mr. Burdette Powell, 2896 South Corona, appeared before Council. Mr. Powell stated he was representing the Board of Di- rectors of the South Suburban Board of Realtors. Mr. Powell stated the Board is of the opinion that the City should take care of the frozen water lines from the street to the property line and it should be retroactive. Mr. Marten Lathrop, 3259 South Clarkson, appeared before Council. Mr. Lathrop stated he was representing several citizens on the matter of frozen water lines. Mr. Lathrop stated the expense of paying someone to thaw frozen lines is especially hard on elderly people on fixed income and young married people who are just starting out. Mr. Lathrop asked Council to listen to the people and take over the responsibility of maintaining the water lines. I March 19, 1979 Page 3 Mrs. Helen Reeme, 210 -220 West Layton, appeared before Council and diacuaaed her personal experience this past winter when her water pipes froze. Mrs. Audrey Scott, 2926 South Galapago, appeared before Council and diacuaaed the expense she incurred to have water pipes thawed. Mra. Scott invoked Council to take over the water lines maintenance and repair. Hr. Paul Stevenson, 4738 South Elati, appeared before Council and diacuased the problem he baa with frozen water lines that had remained frozen for three weeks. Mr. Stevenson stated he contacted the City and found out it was the property owner's responsibility to hire and pay someone to thaw frozen water pipes. Mr. Stevenson stated aa a taxpayer he should be entitled to have the frozen water situation taken care of by the City. Mr. A. J. Oyler, 4716 South Delaware, appeared before Council and discussed his concern about the dangers of using welding equipment to unfreeze the lines. Mr. Oyler stated he believed some depth ia removed when streets are fixed. Mr. Raymundo Vigil, 4751 South Delaware, appeared before Council. Mr. Vigil spoke in favor of the City taking over the responsibility of maintaining water lines in the City's right-of-way. Mr. Vigil suggested that a special fund be set aside to give people financial assistance when their water pipes freeze and that such assistance be made retroactive to this past winter. Mr. Charles Harcourt, 4085 South Jason, appeared before Council. Hr. Harcourt stated he expected the payment for his water bill to pay for all water-related problems. Hr. Russel Reeme, 220 West Layton, appeared before Council and discussed the problem his mother had experienced this winter with frozen pipes. Mr. Reeme cited other water-related problems he has experienced and reported the water from the tap is rusty. Mr. Gene Saunders, 4726 South Pearl, appeared before Council and stated if the City could afford to pay for a golf course, then it could afford to pay for maintenance and repairs of its water lines. Mr. Maurice Jones, 5020 South Washington, appeared before Council and expressed concern about the financing the City would seek in order to fund the frozen water lines project. Mr. Jones urged Council to consider the finances before accepting the respon- sibility. Mr. Joe Bilo, 4095 South Jason, appeared before Council and presented petitions containing names of residents who feel the March 19, 1979 Page 4 City should take over the responsibility of water lines in the City's right-of-way without increasing water rates and that such responsibility be written in the form of an ordinance. Mr. Bilo I stated the petitions contained 924 signatures and requested Coun- cil's permission to read the names and addresses appearing on the petitions. Council declined Mr. Bilo's request. COUNCILMAN SMITH K>VED THAT THE PETITIONS BE SUBMITTED TO THE CLERK AND COPIES BE GIVEN TO THE CITY COUNCIL. Council- man Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper. Mayor Pro Tem Mann. Mayor Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN CLAYTON K>VED THAT THE PETITIONS BE RECEIVED AND BE MADE A PART OF THE OFFICIAL RECORD OF THE COUNCIL BUT NOT REPRODUCED IN THE MINUTES. Councilman Weber seconded the motion. Councilman Clayton explained he wanted the petitions to become official documents attached to the minutes distributed to each Council member. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. Mayor Pro Tem Mann stated copies of the petitions would be sent to Mr. Bilo. Mayor Pro Tem Mann asked if there were any other visitors wishing to speak to Council on any matter. No one responded. * * * * * * March 19, 1979 Page 5 Mayor Pro Tem declared a recess at 8:35 p.m. The Council reconvened at 8:45 p.m. Mayor Pro Tem asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Absent: Mayor Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * COUNCILMAN CLAYTON MOVED TO BRING FORWARD AGENDA 7D, COUNCIL BILL NO. 16. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 16 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE AMENDING SECTION 35, ARTICLE III (SERVICE CONNECTION), AND SECTIONS 42 AND 43, ARTICLE IV (GENERAL PROVISIONS; RESTRICTIONS) OF CHAPTER 3, TITLE XV, OF THE OFFICIAL CITY CODE, IMPOSING THE RESPONSIBILITY FOR MAINTENANCE AND REPAIR OF WATER SERVICE PIPES WITHIN THE PUBLIC RIGHT-OF-WAY IN THE CITY OF ENGLEWOOD, UPON THE WATER DIVISION OF THE CITY; THE EFFECTIVE DATE THEREOF TO BE JANUARY l, 1979. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 16 ON FIRST READING. Councilman Smith seconded the motion. Councilman Williams expressed his concern over financially obligating the City for the maintenance and repairs of water pipes within the public right-of-way. Mr. Williams stated such a project would be so costly that as a consequence water rates may have to March 19, 1979 Page 6 be increased, and he opposed raising the rates. Mr. Williams stated he favored trying to arrive at a way to financially help those property owners directly involved instead of making the many pay for the few. Councilman Harper expressed his concern over the issue. Mr. Harper stated the proposed ordinance has many implications on the future liability of the City. Mr. Harper stated the present policy may necessitate change; however, it should not be changed until all factors are considered and that the coat can be included in the financial structure of the Water Department. Mr. Harper stated the proposed ordinance is not in the best interest of the residents to be passed at this time because there are still too many unknown factors. Mr. Harper stated he was interested in exploring with Council methods to assist the individuals who had frozen water lines this past winter. Councilman Weber expressed his concern over the frozen water line issue. Mr. Weber stated the information available at this time does not adequately address the questions of cost and time required to carry out the change in policy. Mr. Weber stated Council needs more information and ample study time in order to make a reaponsible decision on this matter. Mr. Weber stated he thought it would be appropriate for Council to consider a cooperative program to aid those citizens that require some financial assistance to correct frozen water line problems. Mr. Weber spoke of caution in passing panic legislation without fully evaluating the impact. Mr. Weber diacusaed other problems similar to the frozen water situation and how these problems are usually emergency in nature and affect only a few people directly. Mr. Weber stated the City can not be a bottomless pocket. Councilman Smith spoke on the matter of frozen water lines and rebutted aome comnents made earlier in the meeting from the audience. Mr. Smith discussed the financial impact of obligating the City to maintain and repair water service lines. Mr. Smith stated the City would be responsible for all water lines some of which are quite old. Mr. Smith also rebutted statements made in a letter that baa been distributed throughout the City on the sub- ject. Mr. Smith stated he must clearly understand what··kind of i~act the proposed ordinance would have on the taxpayers before he can pass legislation. Mr. Smith urged the citizens to work with Council individually and collectively in order to resolve the pro- blem. Councilman Clayton spoke in favor of passing the proposed ordinance. Mr. Clayton queried whether or not adequate information was available to make a decision. Mr. Clayton stated there should March 19, 1979 Page 7 be other ways of financing this project, i.e. through the public improvement fund. Mr. Clayton stated the City should step in and take some liability of the water line main to somewhere in the front yard. Mayor Pro Tem Mann expressed his opinion concerning the subject. Mayor Pro Tem Mann stated the reasons why he thought the matter was not crisis legislation. Mayor Pro Tem Mann stated there were sources available to fund the problem and for the City to take over full responsibility of the water system if both staff and Council would sit down and study the situation thoroughly. Mayor Pro Tem Mann reaffirmed his position in that the City should be responsible for furnishing service for water lines in the City's right-of-way; and that he supported the proposed ordinance shift~ ing that reaponaibility from the property owner to the City. Councilmen Smith and Weber both reiterated their position concerning the frozen water line prob1em. Upon a call of the roll. the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann. Council Members Williams, Weber, Smith, Harper. Mayor Taylor The Mayor Pro Tem declared the motion defeated. COUHCILMAN SMITH !«>VED THAT THE MATTER OF THE FROZEN WATER PIPES AND CITY RESPONSIBILITY FROM THE MAIN TO THE CURB STOP BE BROUGHT UP BEIORE A SPECIAL STUDY SESSION ON APRIL 9TH AT 5:30 P.M. Councilman Weber seconded the motion. Councilman Weber stated if Council considers the water line problem at the next study aeaaion, then they should also con- sider taking over the coats of sidewalks, curb and gutter, paving districts, sewer lines, trees that have to be removed and how the City is going to finance these because the City will have to pay for them and the City ia the people. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williama, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * March 19, 1979 Page 8 The Mayor Pro Tem declared a recess at 9:45 p.m. The Council recconvened at 9:55 p.m. Mayor Pro Tem asked for roll call. Upon the call of the roll, the following were pre- sent: Council Members Williama, Weber, Smith, Harper, Clayton, Mann. Absent: Mayor Taylor. The Mayor Pro Tem declared a quorum present. * * * * * * "Co111111nications -No Action Recomnended" on the agenda were received: (a) (b) (c) (d) Minutes of the Denver Regional Council of Governments meeting of February 21, 1979. Minutes of the Animal Control Committee meeting of March 13, 1979. Memorandum from the Planning and Zoning Com- mission regarding action taken on March 6, 1979. Memorandum from the City Manager concerning the NLC Congressional-City Conference in Washington, D.C., March 4 -6, 1979. City Manager Mccown presented the minutes of the Parks and Kecreation Co111Dission meeting of March 9, 1979 with a recom- mendation concerning the Duncan Park Improvements. COUNCILMAN HARPER K>VED THAT THE IMPROVEMENTS TO DUNCAN PARK BE REFERRED BACK TO PARKS AND RECREATION COMMISSION FOR STUDY AND RECOMMENDATION TO THE COUNCIL. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * March 19, 1979 Page 9 ORDINANCE NO. SERIES OF 1979-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 12 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE AMENDING THE OFFICIAL CITY CODE AUTHORIZING DRAIN- LAYERS TO PERFORM INSTALLATION AND OTHER REPAIR WORK ON WATER SERVICE LINES. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 12 ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ORDINANCE NO SERIES OF 197-9-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 13 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE AMENDING THE OFFICIAL CITY CODE RELATING TO DELINQUENT SEWER CHARGES. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 13 ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * March 19, 1979 Page 10 City Attorney Berardini presented Council Bill No. 15 which proposes to amend Section 4 Chapter 11, of Title XI, of the Code. Mr. Berardini stated the Animal Control Connnittee has requested the bill be postponed until the end of June. COUNCILMAN SMITH MOVED TO POSTPONE COUNCIL BILL NO. 15 UNTIL THE FIRST REGULAR MEETING IN JULY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 17 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE AMENDING CHAPTER 4, TITLE I, ARTICLE III, OF THE CITY CODE BY REDISTRICTING COUNCIL DISTRICTS NUMBERS 1 AND 2 WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 17 ON FIRST READING. Councilman Williams seconded the motion. Councilman Weber asked for a ruling from the City Attorney on whether or not there would be a conflict of interest on the part of the Councilman directly affected in the redistricting. Coun- cilman Weber stated it seemed to him that the council member would have a vested interest; he is either losing or gaining support. Mr. Weber stated he did not feel right on voting either in favor or against the motion. City Attorney Berardini stated it was his opinion there would be no conflict of interest. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Williams, Smith, Harper, Mann. None. I I March 19, 1979 Page 11 Abstain: Absent: The Mayor Council Member Weber. Mayor Taylor. Pro Tem declared the motion carried. * * * * * * City Attorney Berardini presented Council Bill No. 18. Mr. Berardini stated he received additional material from Fire Chief Beeson that the Chief would like to include in the agree- ment. Mr. Berardini requested Council to postpone the bill until the next regular meeting so the additional material can be incor- porated in the bill. COUNCILMAN SMITH MOVED TO POSTPONE COUNCIL BILL NO. 18 UNTIL THE NEXT REGULAR MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 19 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE CREATING PAVING DISTRICT NO. 26 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MERTS; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE CITY AND COURTY OF DENVER AND THE CITY OF SHERIDAN CONCERNING THE CON- STRUCTIOR WORlt; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COUNCILMAN SMITH t«>VED TO PASS COUNCIL BILL NO. 19 ON THE FIRST READING AND SET THE PUBLIC HEARING FOR APRIL 2, 1979 AT 7:30 P.M. Councilman Weber seconded the motion. Upon a call of the roll, the vote reaulted as follows: March 19, 19 79 Page 12 Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Attorney Berardini discussed a recomnendation for property settlement concerning Paving District No. 25. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO SETTLE THE ACTION WITH MR. AGAR, PARCEL #08005, FOR A TOTAL SUM OF $3,000. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * RESOLUTION NO. 13, SERIES OF 1979 A RESOLUTION AMENDING THE 1979 SEWER FUND BUDGET. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 13, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. 'lbe Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO PASS A PROCLAMATION DECLARING THE K>NTH OF APRIL, 1979, A CANCER CONTROL K>NTH. Councilman March 19, 1979 Page 13 Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN HARPER MOVED TO PASS A PROCLAMATION DECLAR- ING THE WEEK OF APRIL 1 -7, 1979 AS MEDIC ALERT WEEK. Council- man Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Williams, Weber, Smith, Harper, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Pro Tem Mann adjourned the meeting without a vote at 10:15 p.m.