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.