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HomeMy WebLinkAbout1978-06-19 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 19, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 19, 1978, at 7:40 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by City Manager Mccown. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williama, Weber, Harper, Clayton, Mann, Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Deputy City Clerk Watkins * * * * * * City Manager Mccown stated there were two corrections to be noted in the minutes of the regular meeting of June 5, 1978. The first correction was on Page 3, third paragraph. City Manager Mccown stated the due date should be changed from April 15, 1978 to May 15, 1978. The second correction was on Page 13, paragrap,h 7. City Manager Mccown asked the Clerk to explain the meaning of 'an untoward work atmosphere". The Clerk stated the phrase meant an adverse work atmosphere not conducive to good working relations. City Manager Mccown indicated his acceptance to this explanation. COUNCILMAN HARPER MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 5, 1978 WITH THE NOTED CORREC- TIONS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. June 19, 1978 Page 2 Nays: Absent: None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Mr. James Anderson along with Mr. Walt Imhoff from Hanifen, Imhoff and Samford, Inc. were pre- sent. Mr. Walt Imhoff, 10432 E. Ida, appeared before Council and discussed the refinancing of the General Obligation Water Bonda. Mr. Imhoff presented a resolution and a refinancing plan that would reduce the City's future principal and interest payments by $754,000. * * * * * * RESOLUTION NO. 46, SERIES OF 1978 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1978, OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE PRINCIPAL AMOUNT OF $8,455,000, DATED AUGUST 1, 1978. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Kells Waggoner, Director of Public Works was present and discussed tne memorandum from the Director of Finance concerning the North Central III Storm Drain- age Basin bid. Director Waggoner stated the low bid was received from Watts Bros. Inc. in the amount of $522,838.60. Director Waggoner stated the total estimated coats for the project is $566,000 placing the project $101,000 over budget. Director Waggoner discussed some additional revenue sources that were June 19, 1978 Page 3 available at this time; and stated he and Director James are recomnending the bid award be made to Watts Bros. Inc. in the amount of $522,838.60 for the construction cost of the North Central Storm Drainage Project Phase Ill and to amend the six quarter budget as per the aforementioned revenue sources. Director Waggoner informed Council that Thomas Young from Sellards & Grigg, Inc., the City's consulting engineering firm, was present to answer any questions Council may have con cerning this project. COUNCILMAN MANN MOVED TO AWARD THE BID TO WATTS BROS. INC. IN THE TOTAL AMOUNT OF $522,838.60 FOR THE CONSTRUCTION OF NORTH CENTRAL STORM DRAINAGE PROJECT PHASE Ill AND TO AMEND THE SIX QUARTER BUDGET AS DESCRIBED IN THE MEMO. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to be heard. Mae Tillman, 3630 South Cherokee, appeared before Council and spoke on behalf of the residents living south of Hampden. Mrs. Tillman stated the residents oppose the idea of being included in the Downtown Development Authority. Mrs. Tillman stated their source of information was the newspaper article and the boundaries that were published include the area in which they live. Mrs. Tillman stated these residents fear the program would increase their taxes or cause their property to be condemned and converted into businesses. Mrs. Tillman referred to a petition signed by several residents ex- pressing their opposition. Mayor Taylor confirmed that the peti- tion had been received and presented to Council. A copy of the peti- tion was also filed with the Clerk following the Council meeting. * * * * * * COUNCILMAN CLAYTON MOVED TO BRING FORWARD FOR COUNCIL ACTION, AGENDA ITEM 7A -MEMORANDUM FROM THE CITY MANAGER CONCERN- ING DOWNTOWN DEVELOPMENT AUTHORITY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: June 19, 1978 Page 4 Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented the memorandum concern- ing the Downtown Development Authority. City Manager Mccown stated the Council met with a group of Englewood businessmen who recom- mended that Council create the Authority. City Manafer Mccown stated in order to create this Authority the Counci must call for an election of the people in the District. As a result, City Manager Mccown stated the Council appointed these businessmen to work with another group (the Downtown Study Comnittee) and asked them to come back and recommend to Council the number of mills they wanted in the ordinance, the district boundaries and the date for an election. In response to Mrs. Tillman's remarks concerning the residential area being included in the district, City Manager McCown stated the boundaries published in the newspaper are only proposed boundaries that were submitted to Council by a group of businessmen. COUNCILMAN MANN MOVED THAT THE DOWNTOWN REVIEW COMMITTEE AND THE DOWNTOWN MERCHANTS COMMITTEE CONVENE JOINTLY AS AN AD HOC COMMITTEE TO PREPARE AND RECOMMEND TO COUNCIL THE BASIC ELEMENTS FOR AN ORDINANCE CALLING FOR AN ELECTION TO ESTABLISH A DOWNTOWN DEVELOPMENT AUTHORITY IN ACCORDANCE WITH THE PROVISIONS OF H.B. 1152, AS AMENDED. FURTHER, THAT THE COUNCIL DIRECT THE CITY MANAGER TO MAKE AVAILABLE TO THE COMMITTEE APPROPRIATE STAFF PERSONNEL AND ANY OTHER NECESSARY RESOURCES OF THE CITY, AS HE MAY DETERMINE IS NEEDED. FURTHER, THAT THE COMMITTEE BEGIN WORK IMMEDIATELY ON THE RECOMMENDATIONS FOR THE BOUNDARIES OF THE DISTRICT, THE MILL LEVY AND THE DATE OF ELECTION SO THE COUNCIL CAN MAKE A DECISION SOON. Councilman Williams seconded the motion. In response to Mayor Taylor's question, City Attorney Berardini stated the participants of the Ad Hoc Comnittee have been identified in Councilman Mann's motion; however, it was his opinion that Council may add whoever else they feel would be necessary and would contribute to the Comnittee. In response to Councilman Mann's qustion on whether residential areas could be included in the boundaries of the district, City Attorney Berardini stated as he interpreted June 19, 1978 Page 5 the act, H.B. 1152, residential areas are excluded. City Attorney Berardini recited from the act a section defining the boundaries to include business and comnercial areas only. Mayor Taylor explained H.B. 1152 as a vehicle whereby busineses in a comnercial area can tax themselves over and above the regular property taxes. This money is then put back into the district for purposes of revamping the area itself. Mayor Taylor stated the Council is hopeful that this provision will not only upgrade downtown Englewood but also attract other businesses to locate in the downtown area. Mayor Taylor added that several banks and merchants of Cinderella City have expressed their support for this method. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to be heard. A lady from the audience asked if her property would be condemned if the Downtown Development Authority was created. City Attorney Berardini stated that residential property can not be included in the Authority and the Authority will not have the power to condemn residential property. However, the Authority could buy property at the current market price or they could lease property. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to heard. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED THAT NO COUNCIL MEMBER WILL SERVE ON THE AD HOC COMMITTEE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: June 19, 1978 Page 6 Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Smith. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * "Conmunications -No Action Recomnended" on the agenda were received: (a) (b) (c) (d) Minutes of the Library Board meeting of June 6, 1978. Minutes of the Parks and Recreation Commission meeting of June 8, 1978. Financial Report for the month of May, 1978. Memorandum from the Municipal Court Judge concerning the activity report for the month of May, 1978. * * * * * * City Manager Mccown presented the Findings of Fact, Con- clusions and Reconmendations relating to the zoning of an area which is subject to petitions requesting annexation to the City of Englewood. City Manager McCown stated the staff is waiting for a response from the property owners on the conditions for annexation as set forth by the City. City Manager Mccown reconmended that Council postpone the matter indefinitely. COUNCILMAN WILLIAMS MOVED TO POSTPONE THE MATTER OF THE FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS INDEFINITELY. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * June 19, 1978 Page 7 City Manager Mccown presented a request for a beer and wine license renewal for Paul's Restaurant and Pizzeria, 3542 South Fox Street. City Manager Mccown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE RENEWAL FOR A BEER AND WINE LICENSE FOR PAUL'S RESTAURANT AND PIZZERIA, 3542 SOUTH FOX STREET. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a request for a 3.2 beer license renewal for Leslie E. Howe d/b/a/ Sport Bowl, 3295 South Broadway. City Manager Mccown stated the police report shows there have been no violations during the past year at this establishment. COUNCILMAN MANN MOVED TO GRANT THE 3.2 BEER LICENSE RE- NEWAL FOR LESLIE E. HOWE D/B/A SPORT BOWL, 3295 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Finance concerning an annexation petition for 1470 West Tufts Avenue. City Manager McCown recoD1Dended that Council receive the petition and direct the CoDlllUnity Development Depart- ment to submit a report on this area. June 19, 1978 Page 8 COUNCILMAN WILLIAMS ~"i>VED THAT THE PEtITION BE .RECEll'ED AND DIRECTED THE COMMUNITY DEVELOPMENT DEPARTMENT TO SUBMIT A REPORT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1978 AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT IN- DUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 13, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE ISSUANCE OF $7,600,000 HOSPITAL RE- VENUE BONDS (THE SWEDISH MEDICAL CENTER PROJECT), SERIES 1978 TO June 19, 1978 Page 9 PEFINANCE CERTAIN OUTSTANDING OBLIGATIONS OF THE SWEDISH MEDICAL CENTER; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTHORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A FINANCING AGREE- MENT, INDENTURE OF TRUST, CLOSING DOCUMENTS AND SUCH BONDS IN CONNECTION THEREWITH; MAKING DETERMINATIONS AS TO THE SUFFICIENCY OF REVENUES AND AS TO OTHER MATTERS RELATED TO SUCH REFINANCING; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 14, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Councilman Clayton stated the City Attorney has ruled that even though his wife is employed by the Swedish Medical Center, there would be no reason for conflict of interest prohibiting him from voting favorably on the final passage of this bill for an ordinance. Mayor Taylor stated the City of Englewood is in no way obligated to pay off this debt because it is legally the sole re- sponsibility of Swedish Medical Center. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a recomnendation to approve a Stipulation in Settlement and for Dismissal in the case Bolejack vs. City of Englewood. City Attorney Berardini gave a brief summary on the history of the case and stated the stipu- lation recites that when coats incurred for the handling of cer- tain property are paid to the City, the City will then release the property to the parties as set forth by the Court. COUNCILMAN WEBER MOVED TO APPROVE THE STIPULATION IN SETTLEMENT AND FOR DISMISSAL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. None. June 19, 1978 Page 10 Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Finance concerning the City audit. City Manager Mccown recomnended that Council consider the selection comnittee process and name three council members to join the Director of Finance in selecting an audit firm. COUNCILMAN HARPER MOVED THAT COUNCIL MEMBERS WILLIAMS, CLAYTON AND WEBER BE APPOINTED TO THE CO!liITTEE TO INTERVIEW THE AUDITORS AND MAKE RECO!liENDATIONS TO THE COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum concerning the Annual Financial Report to the citizens. City Manager Mccown stated since the Council has not given unanimous support for this concept with some members desirous of examining what other cities have done along this line, City Manager Mccown recoumended that this concept be tabled for further study at budget review. COUNCILMAN WEBER MOVED TO TABLE CONSIDERATION FOR THIS FINANCIAL REPORT AT THIS TIME UNTIL THE TIME OF BUDGET HEARINGS WHEN COUNCIL CAN REVIEW THE COSTS AND SO FORTH. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * I June 19, 1978 Page 11 City Manager Mccown presented a memorandum concern- ing formal approval of out-of-state trips for Fire Chief Beeson and the City Manafer to attend a Manager/Fire Chief Leadership Workshop in Seatt e, Washington, and for Director of CoDBDUnity Development Wanuah to attend the "Joint Development Marketplace" conference in Washington, D.C. City Manager Mccown stated that attached to the memo- randum is a request from the Director of Libraries Harriet Lute for a member of the Library Board to make an out-of-state trip to review a coq>uter system. City Manager Mccown questioned the appropriateness of such an endeavor by the Board when its primary responsibility is to recomnend policy to Council instead of getting involved in area of capital outlay. City Manager Mccown stated the Board's budget has a balance of $750 and they have spent approximately 90t of its funds. COUNCILMAN CLAYTON MOVED THAT COUNCIL APPROVE THE TRIP OF MRS. BENNETT TO CHICAGO TO REVIEW THE GAYLORD SYSTEM OF COMPUTER CIRCULATION. Motion died for lack of a second. Councilman Clayton asked the City Manager if there were additional funds of $1,200 which the Library Board agreed to appro- priate for the Diamond Jubilee Book and was to be reimbursed from the proceeds of the sale of the book. City Manager Mccown stated he had no knowledge of such an agreement and any proceeds from the sale would have to go in the General Fund. COUNCILMAN MANN MOVED TO APPROVE THE TRIP FOR FIRE CHIEF BEESON AND THE CITY MANAGER TO SEATTLE ON JULY 12 -14 AND TO APPROVE THE TRIP FOR RICH WANUSH TO WASHINGTON, D.C. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. Nays: None. Absent: Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor announced that the next Town Meeting will be Thursday, June 22, at 7:30 p.m. in the Ernie Anderson Room of June 19, 1978 Page 12 the Police and Fire Center. Mayor Taylor stated the topic will be the re-organization of the Fire Department. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried and adjourned the regular Council meeting at 8:45 p.m. f'ji>utYityt!rk"