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HomeMy WebLinkAbout1978-07-03 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 3, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 3, 1978, at 7:30 p.m. Mayor Taylor, presiding, called ~he meeting to order. The invocation was given by Reverend Fred Hahn, IDDDanuel Lutheran Church, l695 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 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 Fire Chief Beeson Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE REGULAR COUNCIL MEETING OF JUNE 19, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * July 3, 1978 Page 2 Pre-scheduled visitor Walt Imhoff, of Hanifen, Imhoff, and Samford, was present and discussed the bids that were re- ceived for the General Oblifation Refunding Water Bonds. Mr. Imhoff I stated seven bids were rece ved and the low bidder was the Northern Trust Company of Chicago, Illinois offering a premium of $176,000 and an average interest rate of 5.11i. Mr. Imhoff entered into the record a list of the names of the firms that submitted a bid then reconnended that Council award the bid to Northern Trust Co~any. Mr. Imhoff stated the low bid result will guarantee the City a savings of $754,000 in future principal and interest payments on outstanding water bonds. COUNCILMAN CLAYTON MOVED TO TAICE AGENDA ITEM 6 (A) OUT OF ORDER AND MOVE IT FORWARD FOR COUNCIL ACTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO ACCEPT THE BID FROM THE NORTHERN TRUST COMPANY OF CHICAGO, ILLINOIS FOR THE GENERAL OBLI- GATION REFUNDING WATER BONDS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN WEBER A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF GENERAL OBLIGA- TION REFUNDING WATER BONDS, SERIES 1978, IN THE PRINCIPAL AMOUNT OF $8,455,000 OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, AND GENERAL OBLIGATION WATER IMPROVEMENT BONDS, DATED FEBRUARY l, 1978, OF THE CITY OUTSTANDING IN THE AGGREGATE AMOUNT July 3, 1978 Page 3 OF $9,310,000; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMERT ARD REDEMPTION OF THE OUTSTANDING BONDS TO BE REFUNDED; PROVIDING FOR THE LEVY OF TAXES TO PAY SAID REFUNDING BOROS AND THE INTEREST THEREON; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote reaulted as follows: Ayea: Naya: ADSent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. ~uunci1 newuer ~mien. 1ne l'Ulyor aec1area tne motion carriea. * * * * * * Pre-scheduled viaitor Gary Copp, President of the Casual Lounge, 65 West Floyd, was present and discussed the plans for expanding his premise• to open up a dining room. Mr. Copp stated the expansion has already been completed because he did not realize that he needed Council'• approval prior to remodeling. However, Mr. Copp stated he ha• •topped serving food and liquor in the din- ing room pending Council'• decision. COURCILMAR WEBER MOVED TO GRANT THE EXPANSION OF THE PREMISES UNDER THE EXISTING LIQUOR LICENSE TO THE CASUAL LOUNGE, 65 WEST FLOYD AVENUE AS PER THE APPLICATION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Pre-scheduled viaitor Michael Dunahay, 4955 South Broadway was not preaent. * * * * * * July 3, 1978 Page 4 Mayor Taylor aaked if there were any other visitors wishing to be heard at thia time. Ken Holland, 4140 South Inca, appeared before Council I and discussed the fire department re-organization proposal. He stated he opposed the reduction of the manning on the fire trucks and submitted a petition containing 191 names of those people who oppose the reduction too. Mr. Holland stated the reduction of man power was the only part he opposed; otherwise, the plan was fine. * * * * * * Myrtle Jones, 5020 South Washington, appeared before Council and inquired about the status of her previous request of getting a park for southeast Englewood. City Manager Mccown stated there have been discussions with the school district regarding the Duncan School area; how- ever, there are still other groups through which the request must go before anything can be started. Mrs. Jones stated she hopes the City can buy this area because her neighborhood needs a park badly. Mrs. Jonea also stated she felt the City hired a qualified fire chief and urged the Council to listen to his fire department re- organizaion proposal. * * * * * * Maurice Merlin, 3688 South Sherman, appeared before Council and discuased several items. Mr. Merlin urged Council to spend money on installing traffic lights at two certain inter- sections and strobe lights for the police cars before spending money on fire department re-organization. Mr. Merlin stated he preferred the re-organization take place over a period of years rather than have the department undergo a radical change imne- diately. Mr. Merlin queried the agenda item whereby Council I would adopt a reaolution amending the General Fund Budget and if Council could take auch action without first holding a public hearing. Mr. Merlin diacuaaed his dissatisfaction with the Com- munity Development Department especially the Code Enforcement Division and requested Council to investigate the Department to determine whether or not it ia providing all the services with which it has been charged. Mr. Merlin referred to the inspectors' and their lack of enforcing property owners to cut their weeds. July 3, 1978 Page 5 Council discuaaed the availability of enough building inspectors to perform the dutie• aasigned to them. Councilman Clayton suggested that more inspectors be hired. Councilman Mann stated he felt there were enough inspectors on the staff and the department need• to better utilize those people. COUNCILMAN CLAYTON tl>VED TO REQUEST THE CITY MANAGER TO ATTEMPT TO ASSIGN !l>RE PERSORREL TO THE ENVIRONMENTAL ASPECTS OF THE CITY FOR THE PERIOD FROM JULY 3, 1978 THROUGH THE PERIOD OF AUGUST 30, 1978 IF THE PERSORREL CAN AT ALL BE MADE AVAILABLE FOR THIS JOB. Councilman Mann seconded the motion. Councilman Harper stated since the problem has been called to the attention of the City Manager and the Council, he felt the solution should come from the City Manager and not the Council. Mayor Taylor stated the City should use what inspectors are presently on the payroll to strictly enforce the code. Mayor Taylor stated he could not vote in favor of Councilman Clayton's motion because he felt the City Manager was capable of handling the situation and that this issue was not Council's responsibility. Councilman Clayton withdrew his motion and Councilman Mann withdrew the second to the motion. * * * * * * Lee R. Jones, 2740 South Cherokee, appeared before Council and discussed status of the Ad Hoc Comnittee. Mr. Jones stated the hierarchy of the Comnittee and entered into the record a copy of the agenda of their last meeting. Mr. Jones stated the Com- mittee is requesting the City's assistance in drafting the ordin- ance outlining the boundaries of the district, the mill levy and the date for election creating the Downtown Development Authority. Mr. Jones stated the Ad Hoc Connittee would like the bill for this ordinance to be presented at the next regular Council meet- ing on July 17, 1978. Mr. Jones stated the suggested boundaries of the district are primarily B-1 zoned as he referred to a pre- pared map and added that the Comnittee would like the date of the election to be September 19, 1978. Mr. Jones also pointed out optional areas that could be added to the Authority at a later date. City Attorney Berardini stated the date of September 19, 1978 can be established to meet all the requirements of law. City Attorney Berardini stated the ordinance can be prepared for the next regular Council meeting now that the boundaries and date for election have been determined. July 3, 1978 Page 6 In answer to Mr. Jones'• question, City Attorney Berardini stated the City Charter chargea the Election CoDIDission with the responsibility of conducting the election. COUNCILMAN MARR t«>VED TO DIRECT THE CITY ATTORNEY TO PRE- PARE AN ORDINANCE DECLARING A CENTRAL DOWNTOWN AUTHORITY, SETTING UP TO BUT NOT EXCEEDING A FIVE MILL LEVY AND SETTING THE ELECTION FOR SEPTEMBER 19, 1978, ALSO APPROVING THE BOUNDARIES FOR THE DIS- TRICT AS THE AD HOC COfilillTTEE HAS PRESENTED SPECIFICALLY AND TO HAVE THE BILL AVAILABLE FOR THE CITY COUNCIL MEETING ON JULY 17, 1978. Councilman Williama seconded the motion. At the requeat of Councilman Clayton, Mr. Jones pointed out the proposed boundaries atreet by atreet. Upon a call of the roll, the vote resulted as follows: Ayea: Naya: Absent: Council Membera Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor aaked if there was any other visitors wishing to be heard at thia time. No one responded. * * * * * * Mayor Taylor declared a recess at 8:55 p.m. The Council reconvened at 9:10 p.m. Mayor Taylor asked for roll call. Upon a call of the roll the following were present. Council Membera Williama, Weber, Harper, Clayton, Mann Taylor. Absent: Council Member Smith. The Mayor declared a quorum present. * * * * * * "CoD1DUnicationa -No Action RecoDIDended" on the agenda were received: (a) Minutea of the Denver Regional Council of Governments meeting of April 19, 1978. July 3, 1978 Page 7 (b) (c) (d) Minutes of the Englewood Housing Authority meeting of April 25, 1978. Minutes of the Board of Adjustment and Appeals meeting of May 10, and June 1, 1978. Minutes of the Planning and Zoning Connnission meeting of May 16, May 23, May 30, and June 6, 1978. . * * * * * * Administrative Aaaiatant Hugh Brown presented the minutes of the Water and Sewer Board meeting of June 27, 1978 with a recom- mendation concerning Supplement 60 Southgate Sanitation District. Administrative Aaaiatant Brown stated the area contains 21.64 acres near Greenwood Plaza and 1-25 and the development will be an office- warehouse facility. The facility will house 30 structures requiring 30 sewer taps. Administrative Aasistant Brown stated a telephone poll was taken of the Water and Sewer Board and the results recom- mended approval of thi• supplement. COUNCILMAN MANN !l>VED TO APPROVE SUPPLEMENT 60 SOUTHGATE SANITATION DISTRICT. Councilman Harper seconded the motion. In response to Councilman Mann's question, City Manager Mccown stated the revenue from the sewer taps goes into a con- struction fund within the Bi-City Plant and is set up to pay for the second phase of the expansion of the plant. City Manager Mccown explained how Littleton pays their share for the operation of the plant and assured Councilman Mann that the agreement was equitable and fair. Councilman Mann requested that the Bi-City fund be studied in detail at the next budget retreat as far as how the fund is set up and how much work ia done by Englewood so Council can have a better understanding of the operation. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * July 3, 1978 Page 8 City Manager Mccown presented Item IV, Mclellan Reservoir of the Water and Sewer Board minutes of June 27, 1978 and recom- mended Council's concurrence with the Board's actions on the use of the reservoir. COUNCILMAN MANN MOVED TO APPROVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD AS IT PERTAINS TO THE MCLELLAN RESERVOIR. Councilman Williama seconded the motion. Councilman Clayton requested background information sustaining the motion. Councilman Mann stated three or four years ago the Parks and Recreation Board and the Water Board allowed fishing and other water related activitiea at the reservoir. Councilman Mann stated since Englewood will be partaking of the water from the reservoir in the next three years, the Water Board has decided to halt any activity at the reservoir and to post no trespassing signs. Councilman Harper added that some serious problems have developed at the reservoir and the Board feels to close the area is the only solution. Mayor Taylor added the Board is trying to prevent the occurrence of some tragic accident. City Manager Mccown atated he has been informed the Littleton Police Department will patrol the area once the signs are posted. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Administrative Assistant Brown presented a memorandum from the Director of CoD111Unity Development to the City Manager concerning an encroachment request at 3661-63-65 South Broadway, property owned by Mr. John S. Swartz. Administrative Assistant Brown stated Mr. Swartz requests permission to install an awning which will extend three feet eight inches beyond his property line across the front of hie building with a seven foot clearance July 3, 1978 Page 9 from the bottom edge of the awning to the sidewalk. Administrative Assistant Brown further stated that Mr. Swartz understands and has agreed that the encroachment would apply only to his business and that if the City would need to use the right-of-way for any reason, he would be aaked to remove the awning. Administrative Assistant Brown stated that pertinent departments within the City were contacted regarding this request with no department objecting. COUNCILMAN WEBER MOVED TO GRANT THE ENCROACHMENT REQUEST FOR THE ADDRESSES OF 3661-63-65 SOUTH BROADWAY TO MR. JOHN S. SWARTZ, HIMSELF. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a report concern- 0 !977-78 Litigation. City Attorney Berardini stated the report covers 33 cases and discussed the status of some of the cases. City Attorney Berardini discussed a case, Harold Corah and Nellie Corah vs. the City'• Board of Adjustments and Appeals and Milton A. and Robert Senti, involving a non-conforming use and which was recently served on the City. City Attorney Berardini requested Council's authority to defend the action on behalf of the City and the Board of Adjustments and Appeals. COUNCILMAN WILLIAMS MOVED TO AUTHORIZE THE CITY ATTORNEY TO APPEAR AND APPEAL THE CASE OF CORAH'S VS. THE SENTI'S AND THE BOARD OF ADJUSTMENTS AND APPEALS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Members Smith. The Mayor declared the motion carried. * * * * * * July 3, 1978 Page 10 RESOLUTION NO. 47, SERIES OF 1978 A RESOLUTION AMENDING THE 1978 GENERAL FUND BUDGET. City Manager Mccown stated this resolution appropriates $2,700 for the coat of a feasibility study of remodeling the City Council Chambers and/or Court facilities. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1978. Councilman Weber seconded the motion. In response to a question discussed by a visitor appear- ing earlier in the meeting, Mayor Taylor stated any resolution or anything pertaining to the budget under St does not have to go before a public hearing. Upon a call of the roll, the vote resulted as follows: Ayes: N'1s: Absent: Council Members Clayton, Mann, Williams, Weber, Harper, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from ISO con- cerning the fire department organization plan and transmitted copies to the Council. The letter states there would be no change in the City's public protection classification if the proposed changes submitted by Chief Beeson were implemented. COUNCILMAN WEBER MOVED THAT COUNCIL RECOGNIZE THE CON- CEPT OF FIRE DEPARTMENT RE-ORGANIZATION PLAN AS SUBMITTED BY FIRE CHEIF BEESON. Councilman Clayton seconded the motion. At the request of Councilman Clayton, the Clerk read the letter in full from the Insurance Services Off ices of Colorado as written by Mr. D. G. Mees, Supervisor of Pricing Services, dated June 30, 1978 addressed to Mr. Andy Mccown, City Manager. Councilman Mann stated he is willing to accept the administrative part of Chief Beeaon's proposal but he was against taking any man _ off a fire truck. Councilman Williama stated he agreed with Councilman Mann on this matter. Councilman Williama stated because he dis- July 3, 1978 Page 11 agreed with the reduction of manpower on a fire truck, he would have to vote no on the whole issue. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Clayton, Weber, Harper, Taylor. Council Members Mann, Williams. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown announced the first pick-up of the Eco-Cycle program will be July 8, 1978 and the organization has invited the Council to attend the ceremonies on that day at the plant when the truck returns. * * * * * * Mayor Taylor stated a report will be forthcoming on the activities that took place at the Colorado Municipal League Con- ference, June 21 -23, 1978 in Colorado Springs. * * * * * * Councilman Mann announced the next event celebrating the Diamond Jubilee will be a rodeo at the Arapahoe County Fair- grounds, July 16th. * * * * * * Councilman Mann announced the Council softball team will play the last place softball team in the Women's League. The game will be Sunday, August 6, 1978 at Belleview Park at 7:00 p.m. The tickets are ~1.00. Councilman Mann stated the City Attorney will be the umpire behind the plate. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Clayton, Mann,' Williams, Weber, Harper, Taylor. July 3, 1978 Page 12 Nays: Absent: None. Council Member Smith. The Mayor declared the motion carried and adjourned the meeting at 9:45 p.m.