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HomeMy WebLinkAbout1978-08-07 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Auguet 7, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 7, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman David Clayton. The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF REGULAR COUNCIL MEETING OF JULY 17, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist, Executive Di- rector of the Swedish Medical Center, was present and conveyed appreciation on behalf of the Board of Directors to the Council for their assistance in the Center's tax exempt bond issue. I August 7, 1978 Page 2 Mayor Taylor accepted Mr. Palmquist's words and letter of appreciation and stated the City is very proud to have the Center. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard. No one responded. * * * * * * "CoD111Unications -No Action Recomnended" on the agenda were received: (a) Minutes of the Board of Adjustment and Appeals meeting of June 14, 1978. (b) Minutes of the Denver Regional Council of Governments meeting of June 28, 1978. (c) Minutes of the Planning and Zoning Connnis- aion meeting of July 5, 1978. (d) Minutes of the Library Board meeting of July 5, 1978. (e) Minutes of the Election Comnission meeting of July 13, 1978. (f) Memorandum from the Director of Connnunity Development to the City Manager concerning 1470 Weat Tufts Annexation/Navajo Street Extension. (g) Memorandum to the Mayor and Members of City Council concerning the Manager/Fire Leadership Workshop in Seattle, Washington on July 12- 14' 1978. * * * * * * City Manager Mccown requested Administrative Assistant Brown to present the two recomnendations from the Water and Sewer Board as presented in the minutes of their meeting on July 18, 1978. Administrative Aaaiatant Brown presented the first item which concerns relinquiahing the utility easement at the overhead reservior site to Greenwood Village. The strip of land is 8.5 feet by 265 and Greenwood Village desires to purchase this strip of land for a greenbelt area. An appraisal of the strip of land has been prepared by Baughar and Aaaociates which indicates the market value August 7, 1978 Page 3 of this strip to be $450.00. It baa been noted that the strip of land continues north for another 250 to 300 feet with the same utility easement. Administrative Assistant Brown stated the Director of Utiliti•• baa stated that the entire strip of land is of no present or future uae to the City of Englewood. Administrative Aaaiatant Brown stated the Board is recoDIDendinf that the City Council give the entire strip of land border ng the eaat aide of the overhead reservoir to the City of Greenwood Village aa a meaaure of goodwill. In response to Councilman Mann's question concerning whether or not the City could give away this land without any recompense, City Attorney Berardini stated the general law is the City should receive value for value and advised the Council that they should expect to receive some value for the release of the land. COUNCILMAN MANN MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE SALE OF 560 FEET X 8 1/2 FEET TO THE CITY OF GREENWOOD VILLAGE. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Administrative Asaistant Brown presented the second item which is a recomnendation to approve Supplement 61 South- gate Sanitation District. Thia request is for the inclusion of an area comprising of 20 aingle family residential taps. The area is located on South Monaco Street and north of Orchard. COUNCILMAN MANN K>VED TO APPROVE SUPPLEMENT 61 SOUTH- GATE SANITATION DISTRICT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * August 7, 1978 Page 4 City Manager Mccown presented a request for a retail liquor store license -annual renewal for the Liquor Barn, 4415 South Broadway. City Manager Mccown pointed out the police re- port concerning thia requeat atatea that within the last year there was a violation for aale of liquor to minors at this establishment. City Manager Mccown stated the employee who sold the liquor to the minor waa terminated. Council diacuaaed thia matter expressing their desire for a further report from the Police Department and calling the Police Chief and the owners of the Liquor Barn to appear before Council to diacusa the violation. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THIS RENEWAL REQUEST UNTIL THE NEXT REGULAR COUNCIL MEETING AND HAVE A REPORT OF CASE NUMBER 78-992 CORCERRIHG THE LIQUOR VIOLATION AT THE LIQUOR BARN AND HAVE THE POLICE CHIEF AND OWNERS OF THE LIQUOR BARN TO BE PRESENT AT THAT MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented requests for various liquor licenae renewal• from the following businesses: Agenda Item 5 (c) 5 (d) 5 (e) 5 (f) Requeat for a hotel/restaurant liquor licenae -annual renewal for the Ground Round, 5180 South Broadway. Requeat for a hotel/restaurant liquor license -annual renewal for Fifteenth Street, Inc., d/b/a The Waldorf, 4595 South Santa Fe Drive. Requeat for a hotel/restaurant liquor licenae -annual renewal for McGinty's Tig and Sidewalk Cafe, 3370 South Acoma Street. Requeat for a 3.2 retail beer license - annual renewal for Robert s. Briola d/b/a Bob's Grocery, 3296 South Washington. August 7, 1978 Page 5 5 (g) Request for a 3.2 retail beer license - annual renewal for Shakey's Pizza Parlor 3281 South Santa Fe Drive. COUNCILMAN MARN K>VED TO APPROVE ALL THE ITEMS 5 (C) THROUGH 5 (G) LIQUOR LICENSE ARD RETAIL BEER LICENSE RENEWAL RE- QUESTS. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Finance concerning a petition for annexation for lots 1, 2, and 3 of Belle Isle Gardena. COUNCILMAN SMITH K>VED TO FORWARD THE ANNEXATION PETI- TION FOR LOTS 1, 2 AND 3 OF BELLE ISLE GARDENS TO THE DEPARTMENT OF COMMUNITY DEVELOPMENT FOR A REPORT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. Mone. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Finance, Director of Engineering Services and the Pur- chasing Agent concerning the Miller Building bids. City Manager Mccown pointed out a correction in Attachment 12, BUDGET SUMMARY. I He stated the sub total under ''work to be completed" is incorrect and should be corrected to $23,420.00. City Manager Mccown stated the bids have been reviewed by the City and the City's construction manager and they are recoaaending that the low bidder in each category be awarded the job. The aum of the seven low bids is $15,349.48. COUNCILMAN SMITH MOVED TO APPROVE THE BIDS FOR REMODEL- ING OF THE MILLER BUILDING AS SUBMITTED IN MR. JAMES'S MEMO August 7, 1978 Page 6 DATED AUGUST 3, 1978 IR THE AMOURT OF $15,349.48. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follow•: -Ayes: Nays: Council Member• Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Municipal Court Judge concerning the adoption of the most current uniform traffic code. City Manager Mccown stated he has spoken to the Police Chief on this matter and the Police Chief concurs that the City needs to adopt the current uniform traffic code and the adoption would certainly simplify procedures in the Police Department for enforcing the traffic code. City Manager Mccown also stated that the Police Chief assured him that no additional personnel or work hours would be needed effect the new code. City Attorney Berardini stated the memorandum from the Municipal Court Judge states the code should be adopted without change; however, the City Attorney stated it may require some modifications or changes in the delegation of authority to estab- lish speed limits on various streets which is presently delegated to the Traffic Engineer. Also, City Attorney Berardini stated as a result of a case handed down from the Supreme Court, all the citations from municipal courts must note on it the number of points with the violations if the individual is found guilty or a plea of guilty is entered. Therefore, the Judge felt this was a good time to adopt the new code with the new sections so he would not have to reprint citations tickets, thus saving time and cost. COUNCILMAM CLAYTON !«>VED THAT THE CITY ATTORNEY BE IN- STRUCTED TO DRAW UP THE PROPER ORDINANCE FOR THE IMPLEMENTATION OF THE UNIFORM TRAFFIC CODE FOR THE MEETING OF SEPTEMBER 5, 1978. Councilman Smith aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayea: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * August 7, 1978 Page 7 INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 16, SERIES OF 1978 AN ORDINANCE CALLING A SPECIAL MUNICIPAL ELECTION FOR THE PURPOSE OF SUBMITTING THE QUESTION OF THE ESTABLISHMENT OF A DOWNTOWN DEVELOPMENT AUTHORITY TO A VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND PROVIDING FOR THE CONDUCT THEREOF. COUNCILMAN MANN ll>VED TO PASS ORDINANCE NO. 16, SERIES OF 1978 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE FOR THE PARTIAL RELEASE OF CERTAIN PROPERTY GIVEN AS SECURITY FOR $17,285,000.00 HOSPITAL REVENUE BONDS, SERIES 1978 (PORTER MEMORIAL HOSPITAL PROJECT), SAID PROPERTY TO BE USED FOR THE PURPOSES OF AN EASEMENT OR RIGHT-OF-WAY FOR A TUNNEL. City Attorney Berardini stated the purpose of the bill is for the City to release certain property which is being held for security to pay the bond issue. City Attorney Berardini ref erred to a letter from attorney Michael Pederson of the law firm Saunders, Snyder, Rosa and Dickson, P.C. The City Attorney stated that Mr. Pederson was planning to be present at the meet- ing to answer any question• the Council mifht have; however, the matter baa come forth on the agenda be ore the time he had I informed Mr. Pederson to arrive. The City Attorney advised Council to pass the bill on first reading anyway because the bill was in froper order and further advised Council to hear . Mr. Pederson s presentation when he arrives at the meeting. COUNCILMAN SMITH MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Weber seconded the motion. August 7, 1978 Page 8 COUNCILMAN MANN MOVED TO POSTPONE ACTION ON THE BILL FOR AN ORDINANCE UNTIL THE END OF THE COUNCIL MEETING IN ORDER TO TO HEAR MR. PEDERSON'S PRESENTATION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williams, Clayton, Mann, Taylor. Council Members Weber, Smith, Harper. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION RECOG- NIZING GRADY FRANICLIN MAPLES FOR HIS CIVIC ACHIEVEMENT IN THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted to Council for in- formation purpoaes a letter addreaaed to the Mayor and Members of City Council and Aetna Caaualty and Surety Company concerning the Swedish Medical Center Revenue Bonda. * * * * * * City Attorney Berardini transmitted to Council for in- formation purpoaea a letter addreaaed to Mr. Tomny Drinkwine who represent• Mr. and Mra. Wiley B. Mathews in the case involving the alley in the 4800 block between South Fox and South Elati. * * * * * * City Attorney Berardini transmitted to Council for in- formation purpoaea a court judgement in the case of Max Pino vs. the Police Pension Board of the City. City Attorney Berardini stated the judgement aupporta Mr. Pino in that he should be entitled to receive a police pension. * * * * * * August 7, 1978 Page 9 City Attorney Berardini transmitted to Council for information purposes a court ruling in the case Herman Oliner, Bess Oliner and Robert Oliner vs. City of Englewood, Colorado concerning the lease and option agreement for property upon which the Police and Fire Center is located. City Attorney Berardini stated the Oliners felt there was a violation in the law by extending an option agreement in excess of the statutory period. Mr. Oliner wanted to re-negotiate the lease because of some physical problems connected in oper- a ting his business. City Attorney Berardini stated the Court ruled in favor of the City and that the City did not violate the rule against perpetuities. * * * * * * City Manager Mccown presented a memorandum concerning the designation of two or three Council members to attend the annual National League of Cities Conference in St. Louis, Missouri, November 26 -29, 1978. COUNCILMAN SMITH MOVED TO DESIGNATE COUNCILMAN VERN MANN AND COUNCILMAN DON WILLIAMS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN ST. LOUIS ON NOVEMBER 26-29. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of CoD111Unity Development concerning the Thurman Annexation Petition. City Manager Mccown stated several other petitions on different parcels of land will be sent to Council for consideration at different times in the next few months; therefore, he recom- mended that no action be taken until the zoning has been studied by the Planning and Zoning CoDlllission and a recoDlllendation sent to Council. COUNCILMAN CLAYTON MOVED TO POSTPONE ANY ACTION ON THIS REQUEST UNTIL A LATER DATE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. August 7, 1978 Page 10 The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 50, SERIES OF 1978 A RESOLUTION TO ADD THE FOLLOWING POSITION TO THE CLASSIFICATION PLAN: DEPUTY CHIEF. City Manager Mccown atated the resolution concerns the fire department re-organization plan. City Manager Mccown stated the Career Service Board baa approved the job description for this position. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Taylor. Council Members Williams, Mann. Councilman Williams stated baaed on the fact that he voted against the whole re-organization plan at the start, he would have to vote against the resolution. The Mayor declared the motion carried. * * * * * * City Manager Mccown announced that the Employees Award Banquet has been scheduled for Friday, September 15, 1978, at the Pinehurst Country Club. City Manager Mccown invited the Council to attend the banquet as guests of the City. * * * * * * City Manager Mccown informed the Council that a conces- sionaire for the golf course has been designated and that the agree- ment was signed on this date. City Manager Mccown stated the oper- ators are in the process of applying for a 3.2 beer license with the City of Sheridan. * * * * * * COUNCILMAN HANN MOVED TO DESIGNATE SEPTEMBER 22 -24, 1978 AS AN OUT-OF-TOWN BUDGET RETREAT PREFERABLY A TWO DAY RETREAT OVER A WEEKEND. Councilman Smith seconded the motion. August 7, 1978 Page 11 Councilman Weber spoke against having an out-of-town budget retreat. Councilman Weber stated he felt the work could just as well as be accomplished in the study session conference room eliminating out-of-town travel time and attendant expenses. Councilman Smith stated he did not care whether the retreat was held in-town or out-of-town; however, he has parti- cipated in both ways and feels the out-of-town retreat is more successful for maintaining work continuity and allowing Council to make a thorough review in a shorter period of time. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Williams, Smith, Mann, Taylor. Council Members Weber, Harper, Clayton. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated the staff is proceeding on hiring an architect for the feasibility study on the Court facili- ties/Council Chambers. * * * * * * Mayor Taylor recognized the arrival of Mr. Michael Pederson attorney representing Porter's Hospital matter discussed earlier in the meeting. Mr. Michael Pederson and Mr. Henry Cleveland, attorneys from the law firm Saunders, Snyder, Ross and Dickson, P.C., re- presenting the Porter's Hospital matter appeared before Council. Mr. Pederson discussed their request for the Council to pass an ordinance that would allow Porter Memorial Hospital to grant an easement for a tunnel between the office building and the hospital facilities. A short question and answer period followed the pre- sentation. Upon a call of the roll, the vote on the original motion made by Councilman Smith to pass the bill for an ordinance on first reading resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. August 7, 1978 Page 12 Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the regular Council meeting at 8:25 p.m.