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HomeMy WebLinkAbout1978-09-05 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 5, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 5, 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 Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, 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 Johannisson * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 21, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 52, SERIES OF 1978 A RESOLUTION COMMENDING OLD TIMER YOUTH BASEBALL DISTRICT CHAMPIONS -HOUSE OF UPHOLSTERY. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 52, SERIES OF 1978. Councilman Mann seconded the motion. Upon a call September 5, 1978 Page 2 of the roll, the vote resulted as follows: Ayes: Nays: Council Member Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. Pre-scheduled visitor Karl Kerzic, sponsor for House of Upholstery, accepted the resolution and a plaque from the City presented by Mayor Taylor. Mayor Taylor presented framed resolu- tions to the team members. Mr. Kerzic thanked Council for the recognition. Deputy City Clerk Johanniason said he would insure that corrections to names on the resolution would be made. * * * * * * COUNCILMAN MANN MOVED TO PROCLAIM SEPTEMBER 23, 1978 AS HUNTING AND FISHING DAY. Councilman Clayton aec.onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. Mayor Taylor presented the proclamation to Walter Samuelson, 3855 South Lincoln. * * * * * * Councilman Clayton asked that Colbert Cushing, present at the Council meeting, be recognized for his continuing work in developing recreation programs. * * * * * * COUNCILMAN SMITH MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED USES FOR REVENUE SHARING FUNDS FOR 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. September 5, 1978 Page 3 Nays: None. The Mayor declared the motion carried. City Manager Mccown presented the revenue sharing pro- posal for about $650,000. He stated that the staff recoDlllendation was to put the funds into the Public Improvement Fund and use one half for the continuing storm drainage project and one half for the Little Dry Creek project. Mayor Taylor asked if there was anyone present wishing to speak on this matter. Oliver Giseburt, 3171 South High, appeared before Council and stated he agreed with the staff recomnendation that the funds be used for the storm drainage project, a project which was supposed to be coq>leted in 1976. Mayor Taylor asked if there was anyone else wishing to speak on this matter. No one responded. COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * "Comnunicationa -No Action Recomnended" on the agenda were received: (a) Minutes of the Englewood Housing Authority meeting of June 20, 1978. (b) Minutes of the Board of Career Service Commie- aioners meeting of August 17, 1978. (c) Minutes of the Employees' Retirement Board meeting of August 22, 1978. * * * * * * City Manager Mccown presented a memorandum from the Director of Finance concerning annexation of property in the vicinity of Belle Isle Gardena. I September 5, 1978 Page 4 COUNCILMAN MANN MOVED TO REFER THE ANNEXATION PETITION OF PROPERTY IN THE BELLE ISLE GARDENS TO THE COMMUNITY DEVELOPMENT DEPARTMENT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Conaunity Development concerning the attendance of the Housing Director at the 1978 NARRO National Conference. COUNCILMAN WEBER MOVED TO APPROVE THE OUT-OF-STATE TRIP OF RICHARD LOVE, HOUSING DIRECTOR, TO THE 1978 NAHRO NA- TIONAL CONFERENCE IN SEATTLE, IF THE HOUSING AUTHORITY APPROVES. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 18, SERIES OF 1978 AN ORDINANCE AMENDING SECTION 22.4-13 h., ENTITLED I-1 LIGHT INDUSTRIAL DISTRICT, CONDITIONAL USES, BY CORRECTING SUB-SECTION h. (1) (a) (2) (3) and (5) BY INCLUDING OMITTED PHRASES IN THE ORIGINAL PASSAGE OF ORDINANCE NO. 6, SERIES OF 1978. COUNCILMAN SMITH ~VED TO PASS ORDINANCE NO. 18, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. September 5, 1978 Page 5 Nays: Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1978 AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS CONCERNING THE USE OF FEDERAL FUNDS FOR THE CONSTRUCTION OF A DRAINAGE STRUCTURE AND APPROACHES ON LEHOW AVENUE AT BIG DRY CREEK BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO. City Manager Mccown stated that Urban Drainage and Flood Control would provide $29,250 and Englewood and Littleton would provide the balance. COUNCILMAN CLAYTON t«>VED TO PASS ORDINANCE NO. 19, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1978 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, LITTLETON, COLORADO AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACEMENT OF LEROW BRIDGE ACROSS BIG DRY CREEK. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 20, SERIES OF 1978 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. September 5, 1978 Page 6 Nays: None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1978 AN ORDINANCE AUTHORIZING THE SALE OF A CERTAIN PARCEL OF REAL PROPERTY LOCATED WITHIN THE CITY OF GREENWOOD VILLAGE, COLORADO. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 21, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Mann seconded the motion. Councilman Williams noted that there were errors in Section 1 (1) and (2). Councilman Williams stated that 1978 should read 1979. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * September 5, 1978 Page 7 INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ADOPTING BY REFERENCE THE 1977 EDITION OF THE ''MODEL TRAFFIC CODE FOR COLORADO MUNICIPALIAITIES"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. City Attorney Berardini presented the bill with the changes that City Council may wish to address. He stated that State law required that a public hearing be held to adopt the Model Traffic Code. While the City's Charter does not have the same requisite, Mr. Berardini recomnended that a public hearing be held. The areas which Council may wish to address are: 1) U-Turns; 2) Parking meters; 3) Licensing of bicycles dealers and bicycle owners. Mr. Berardini said the City currently has a conflicting ordinance relating to U-Turns and that the City Code does not address the other two topics. COUNCILMAN CLAYTON t«>VED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING AND SET A FEE OF $2.00 FOR THE CODE AND SCHEDULE A PUBLIC HEARING FOR OCTOBER 2, 1978 AT 7:30 P.M. Councilman Williams seconded the motion. COUNCILMAN MANN MOVED TO AMEND THE PREVIOUS MOTION BY DELETING THE SECTION PERTAINING TO U-TURNS FROM THE TRAFFIC CODE. Councilman Clayton seconded the motion. Councilman Mann stated that he wanted the current pro- hibition of U-Turns in the City to continue. Councilman Weber stated that the City must consider the motorist. Differences in this type of law from one co111DUnity to another confuse motorists and is unfair. Council should adopt the Code as written. Councilman Harper stated that the public hearing would provide a forum to hear objections. Councilman Mann withdrew his amendment and Councilman Clayton withdrew his second to the amendment. Councilman Smith stated that a public hearing was needed to insure that the City would not become involved in needless litigation because the City failed to observe State requirements for a public hearing. Several councilmen expressed concern about licensing bicycle dealers and bicycle owners. September 5, 1978 Page 8 COUNCILMAN WEBER MOVED TO OMIT THE LICENSING OF BICYCLE OWNERS AND BICYCLE DEALERS FROM THE MODEL TRAFFIC CODE. Council- man Smith seconded the motion. Councilman Smith stated that the licensing of this group would not be a popular subject to approach. In addition, it would be an unneeded burden to the City. Ayes: Nays: Council Members Weber, Smith, Taylor. Council Members Williams, Harper, Clayton, Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass the bill on first reading resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Williams, Taylor. Council Member Weber. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON !«>VED TO APPROVE A PROCLAMATION PROCLAIMING SEPTEMBER 8, 1978 AS NATIONAL CANCER DAY. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Williama, Weber, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a settlement agreement between the City of Englewood, City of Littleton and the United States Treasury relating to the Bi-City Sewer Plant. COUNCILMAN SMITH tl>VED TO APPROVE THE SETTLEMENT AGREE- MENT BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON AND THE U.S. TREASURY. Councilman Clayton seconded the motion. City Manager explained the agreement and the City's relationship with the U.S. and HDR, the contractor. September 5, 1978 Page 9 · Mayor Taylor stated that in hie opinion the City was "had" by the U.S. government. It ia unfair that the Cities of Englewood and Littleton be fined for an accident on a project being coq>leted under the auapicea of the U.S. government. The cities are a victim of bureaucratic unfairness. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Williama, Weber, Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO WRITE A LETTER TO THE EPA EXPRESSING THE CITY COUNCIL'S DISPLEASURE WITH THE SETTLEMENT DECISION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Hann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 53, SERIES OF 1978 A RESOLUTION TO ADD THE POSITION OF DEPUTY COURT CLERK (GRADE 2) AND VIOLATIONS BUREAU CLERK (GRADE 1) TO THE CLASSIFICATION SYSTEM. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 53, SERIES OF 1978. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Hann, Williams, Weber, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated the City had not received any information from the group in the West Santa Fe annexation September 5, 1978 Page 10 as of August 31, 1978. This was the deadline established by the City. Mr. Mccown recomnended that services to this area be termi- nated. COUNCILMAN MANN MOVED TO DISCONTINUE CITY SERVICES TO THE WEST SANTA FE ANNEXATION EFFECTIVE AT 12 MIDNIGHT SEPTEMBER 8, 1978 UNLESS SOME RESPONSE IS RECEIVED FROM THEM; AND THAT OCCUPANTS BE NOTIFIED OF THE COUNCIL'S DECISION BY CERTIFIED MAIL. Council- man Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Harper, Clayton, Mann, Williams, Weber, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated that proposed budgets will be mailed to the Council on September 14, 1978. Copies will be available at the Mayor's Coffee, and he and Bill James will be available to discuss it with interested persons. * * * * * * COUNCILMAN SMITH MOVED TO REACTIVATE THE DOG CONTROL COMMITTEE AND INCLUDE MR. AMBROSIO AND ANY OTHER INTERESTED PERSONS. Councilman Mann seconded the motion. Councilman Mann stated that he had a meeting with Mr. Ambrosio, the Assistant City Manager, and Assistant City Attorney, and recomnended that City Council reconvene the Dog Control Comnittee. The purpose would be to evaluate our current ordinance and animal situation. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams. The Mayor declared the motion carried. * * * * * * September 5, 1978 Page 11 Councilman Mann presented a resolution backing the formation of a Downtown Development Authority. RESOLUTION NO. 54, SERIES OF 1978 A RESOLUTION SUPPORTING THE FORMATION OF A DOWNTOWN DEVELOPMENT AUTHORITY AND PLEDGING THE CITY COUNCIL'S ACTIVE ASSISTANCE TOWARDS A SUCCESSFUL ELECTION FOR ITS FORMATION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williams, Weber, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Councilman Williama stated he has received a letter and petiion from homeowners in the Duncan Park area requesting that the San-0-Lets be removed from the park inmediately. Councilman Weber stated this was to be a temporary solu- tion with permanent facilities to be built in the near future. Lou Lorett, 4871 South Pennsylvania, Council and expressed her concern for the many caused by the presence of the San-0-Lets. She Police are doing a good job of patrol but that San-0-Leta would help eliminate problems. appeared before problems being stated that the removal of the Councilman Williams asked that the Police call reports for Duncan Park be made available for this past sUDDDer. Councilman Clayton stated that he looked into the cost of permanent facilities and found that they would cost approximately $12,000. Councilman Clayton stated Council should find funds to build the needed facilities. COUNCILMAN WILLIAMS MOVED TO REMOVE THE SAN-0-LETS FROM DUNCAN PARK IMMEDIATELY. The motion died for lack of a second. COUNCILMAN SMITH MOVED TO POSTPONE ACTION ON THE DUNCAN PARK SAN-0-LET PROBLEM UNTIL THE SEPTEMBER 18, 1978 COUNCIL MEETING. Councilman Clayton seconded the motion. September 5, 1978 Page 12 Dr. Charles Lovett, 4891 South Pennsylvania, appeared before Council and stated he does not see why the San-0-Lets can not be removed imnediately. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Weber, Taylor. Council Member Williams. The Mayor declared the motion carried. Councilman Smith asked that cost estimates and Police call reports be presented at the next Council meeting. Mayor Taylor asked that stricter policing of the park be carried out by the Police Department. * * * * * * Councilman Clayton expressed two thoughts: 1) In a conversation with a Kansas City veterinarian, he said that Kansas City has recently passed a law requiring a leash law for cats. The City should follow progress on this. 2) The intersection of Belleview and the K-Mart exit is extremely dangerous and a remedy is needed to make an exit from K-Mart easier and safer. * * * * * * Councilman Smith asked for current reports relating to the odor situation at the sewer plant. * * * * * * Councilman Smith comnented on his non-attendance at a recent Downtown Development Ad Hoc CoDIDittee meeting. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR CITY COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Harper, Clayton, Mann, Williama, Weber, Taylor. September 5, 1978 Page 13 Nays: None. The Mayor declared the motion carried and adjourned the regular Council meeting at 9:37 p.m.