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Home My WebLink About1978-09-18 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 18, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 18, 1978 at 7 :30 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 Cobra Patrol Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Williams. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF AUGUST 31, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1978. Councilman Mann seconded September 18, 1978 Page 2 the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. * * * * * * COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1978. 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, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor stated there were no pre-scheduled visitors on the agenda. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council on any subject. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING ON AN ORDINANCE ON FINAL READING THAT WOULD PROHIBIT METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE I-1 AND I-2 I INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. September 18, 1978 Page 3 Absent: Council Member Williams. The Mayor declared the motion carried. City Manager Mccown explained that Director of Conmrunity Development Wanush was called away suddenly on a family emergency and would not be able to make a presentation on this ordinance. Council discussed the ordinance after they agreed most of the members were familiar with the matter. Mayor Taylor asked if anyone in the audience wished to speak in favor of the ordinance. No one responded. Mayor Taylor asked if anyone in the audience wished to speak against the ordinance. No one responded. COUNCILMAN MANN MOVED TO CLOSE THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 22, SERIES OF 1978 AN ORDINANCE AMENDING SECTIONS 22.4-13 b. (1), 22.4-14 b. (2) AND 22.8 PROHIBITING METAL AND AUTO SHREDDING AND SIMILAR OPERATIONS WITHIN THE 1-1 AND I-2 INDUSTRIAL DISTRICTS OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 22, 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 Harper, Clayton, Mann, Weber, Smith, Taylor. None. September 18, 1978 Page 4 Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * "CoUIDUnications -No Action Recomnended" on the agenda were received: (a) Minutes of the Planning and Zoning Commission meeting of July 18, July 25, and August 1, 1978. (b) Minutes of the Water and Sewer Board meeting of August 29, 1978. Councilman Smith informed Council that Larry Owens has accepted another job out-of-state and has resigned as Chairman of the Planning and Zoning Co111Dission. COUNCILMAN SMITH MOVED THAT COUNCIL WRITE A LETTER OF COMMENDATION TO MR. LARRY OWENS IN APPRECIATION OF THE GOOD JOB HE DID AS CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williama. * * * * * * City Manager Mccown presented a request for a special events license for November 12, 1978 from 12:00 noon to 8:00 p.m. for beer, wine and liquor for St. Louis Home and School, 3301/ 3310 South Sherman Street. City Manager Mccown stated a public hearing will have to be scheduled before the request can be granted. COUNCILMAN CLAYTON MOVED TO SET THE PUBLIC HEARING FOR THE ST. LOUIS HOME AND SCHOOL FOR A SPECIAL EVENTS LICENSE ON OCTOBER 16, 1978 AT 7:30 P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. September 18, 1978 Page 5 Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a request for a change of ownership of Encore, Inc., d/b/a The South Door, 5470 South Broadway. City Attorney Berardini stated the matter seems nebulous and requested additional time to study the request. City Attorney Berardini stated if additional time is granted he would submit a full report at the October 2nd Council meeting. COUNCILMAN CLAYTON K:>VED THAT THE MATTER CONCERNING THE TRANSFER OF LICENSE FOR ENCORE, INC. D/B/A THE SOUTH DOOR BE RE- SCHEDULED FOR NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Larry Duncan, one of the principal owners of Encore, Inc. , appeared before Council at the request of Mayor Taylor. Mr. Duncan stated the ownership change involves changing the state of corporation from Delaware to Colorado. The State of Colorado was notified of this change at the last license renewal earlier this year and has now decided that this was not adequate and that a new license 1111st be issued. The State Liquor Division understands that all the same people are involved. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a request for the addi- tion of a new stockholder/director by the name of Vincent Siano, 34t owner of stock at the Belleview Bowl-0-Mat Lounge, Inc., 4900 South Federal Boulevard. COUNCILMAN HANN MOVED TO APPROVE THE REQUEST FOR THE STOCK TRANSFER FOR BELLEVIEW BOWL-0-MAT LOUNGE. Councilman September 18, 1978 Page 6 Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. None. Council Member Williama. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented recomnendations from the Planning and Zoninf Comniaaion meeting of September 6, 1978 con- cerning zoning dee gnationa of certain aitea that are not yet a part of the City. The aitea involved are 1470 West Tufts Avenue, 1485 West Tufte Avenue and 1600 West Tufte Avenue. City Manager Mccown stated the recomnendation for all three are for I-1, Light Industrial zoning. The annexation of each site is being requested by each property owner aa well. COUNCILMAN SMITH MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE ORDINANCES FOR POSSIBLE ZONING DESIGNATION AND ORDINANCES FOR POSSIBLE ANNEXATION OF THE FOLLOWING PROPERTIES -1470 WEST TUFTS AVENUE, 1485 WEST TUFTS AVENUE AND 1600 WEST TUFTS AVENUE - AND THAT THEY BROUGHT TO COUNCIL ON OCTOBER 2, 1978. Councilman Mann seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. Naya: None. Absent: Council Member Williams. The Mayor declared the motion carried. City Manager Mccown presented a reco111nendation from the I Planning and Zoning Connission meeting of September 6, 1978 con- cerning a subdivision plat filed by Belokes Limited Partnership * * * * * * and Burt Development Company. City Manager Mccown stated the appli- cants were in the audience should Council decide to go ahead and hear their presentation even though Director CoD1DUnity Development Wanush was absent. City Manager Mccown stated Director Wanush has indicated there are some problems with this plat and has re- quested Council to postpone the matter. I September 18, 1978 Page 7 Council decided to hear the applicants testimony since they had come prepared and then postpone the matter until Council has had an opportunity to discuss it with Director Wanush. Harry L. Arkin, attorney for the applicant, appeared before Council. Mr. Arkin stated the subdivision plat was first submitted to the Planning and Zoning CoDIDission with a particular utility easement along Lots 2 and 3 extending northeast over Lot 1. The Planning and Zoning CoDIDission approved the subdivi- sion with the easement removed (at the applicant's request) because the applicant stated he could not tell where utility easements would be required. Director of CoD11JUnity Development Wanush entered the meeting at 8:20 p.m. In response to Councilman Clayton's question, Director Wanush appeared before Council and answered he presently saw no need for traffic signals at this location. At Council's request, Director Wanush made the presenta- tion concerning the subject subdivision plat. Director Wanush stated his concern deals with the access drive easements. They are private drives and will not be dedicated to the City. Director Wanush stated the legal wording on the document does not clearly state this and requested that the wording be clarified before the document is signed. COUNCILMAN SMITH MOVED TO APPROVE THE SUBDIVISION PLAT FILED BY BELOKES LIMITED PARTNERSHIP AND BURT DEVELOPMENT COMPANY STRIKING FROM THEIR SUBDIVISION PLAT AS SUBMITTED THE WORD "ACCESS" ON THEIR PLAT DATED AUGUST 17, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Weber, Smith, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:25 p.m. The Council re-convened at 8:40 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Smith, Harper, Clayton, Mann, Taylor. September 18, 1978 Page 8 Absent: Council Members Williams, Weber. Mayor Taylor stated that Councilman Weber was ill and had to leave the meeting. * * * * * * Director of CoD111Unity Development Wanush presented an encroachment request from Mr. and Mrs. Keith Sasina, 4190 South Bannock Street to construct a fence on a corner lot and partially in the City right-of-way. COUNCILMAN SMITH MOVED THE ENCROACHMENT REQUEST FOR 4190 SOUTH BANNOCK STREET BE GRANTED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Harper, Clayton, Smith, Taylor. None. Council Member Mann. Council Members Williama, Weber. The Mayor declared the motion carried. Councilman Mann stated he chose to abstain because the property belonged to his daughter. * * * * * * City Manager Mccown presented a memorandum from the Chairman of the Audit Selection CoDlllittee, Councilman David Clayton, concerning the selection of an auditing firm for the 1978 audit. Councilman Clayton stated the CoDlllittee recoD111ends Peat, Marwick, Mitchell & Company as the auditing firm to con- duct the City's 1978 audit and that a City representative be allowed to negotiate the audit contract and the total cost of the audit. COUNCILMAN CLAYTON MOVED THAT COUNCIL REQUEST THE CITY MANAGER TO HAVE THE PROPER CITY OFFICIAL NEGOTIATE THE AUDIT CONTRACT WITH PEAT, MARWICK, MITCHELL & COMPANY FOR COUNCIL APPROVAL. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Smith, Taylor. September 18, 1978 Page 9 Nays: Absent: None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from Muni- cipal Court Judge concerning the 1979 Municipal Court budget. COUNCILMAN CLAYTON MOVED TO TABLE THE MATTER UNTIL THE PROPER TIME FOR CONSIDERATION BY THE COUNCIL. Motion died for lack of a second. COUNCILMAN SMITH MOVE TO POSTPONE THE JUDGE'S MEMO- RANDUM UNTIL OCTOBER 2, 1978 AND SCHEDULE THE JUDGE TO APPEAR BEFORE THE COUNCIL IN A STUDY SESSION TO DISCUSS THE BUDGET ON OCTOBER 2, 1978 AND THAT THE JUDGE BE PLACED FIRST AT 5:00 P.M. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 23, SERIES OF 1978 AH ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE ARAPAHOE REGIONAL LIBRARY DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON !l>VED TO PASS ORDINANCE NO. 23, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Smith, Taylor. September 18, 1978 Page 10 Nays: None. Absent: Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 55, SERIES OF 1978 A RESOLUTION APPROVING AN AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION. City Attorney Berardini recoDDended the agreement langu- age be changed to contain the following two provisions: 1) a minimum of 110,000 cubic yards of fly ash per year would be delivered to the site; and 2) the Public Service Company or its contractors shall co~ly with all police and traffic regulations of the City of Sheridan and cooperate with the City of Sheridan in the timely deliveries. City Attorney stated the specified amount of fly ash would insure a certain revenue for Englewood and the compliance with the police and traffic regulations and the timely deliveries would insure proper traffic flow during the peak rush hours. City Attorney offered to redraft the agreement in conjunction with the Public Service Company should Council decide the two provisions are necessary. Council discussed the agreement and the need to further research the terms of the agreement. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 55, SERIES OF 1978 WITH THE FOLLOWING AMENDMENTS: 1) ADD TO PARAGRAPH 15 OF THE ATTACHED AGREEMENT, "THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION IS 110,000 CUBIC YARDS PER YEAR. THE MINIMUM AMOUNT THAT SHALL BE DUMPED SHALL NOT BE LESS THAN ssi 2) OF THE ESTIMATED FLY ASH PRODUCED AT THE ARAPAHOE STATION." ADD PARAGRAPH 16, "THE PUBLIC SERVICE COMPANY OF COLORADO OR ITS CONTRACTORS SHALL ABIDE BY ALL POLICE AND TRAFFIC REGULATIONS OF THE CITY OF SHERIDAN AS POSTED AT THE ENTRANCE OF THE DUMPING SITE." Councilman Mann seconded the motion. At the request of Council, James Chambers, District Manager Public Service Co~any, 3470 South Broadway, appeared before Coun- cil. Mr. Chambers stated he thought the provisions were too speci- September 18, 1978 Page 11 fie unless they included wording such as, "prohibited by acts of God, flood, famine, etc." Mr. Chambers suggested that Council table the matter until he can discuss it further with the City Attorney. Councilman Smith withdrew his motion. Councilman Mann withdrew his second to the motion. COUNCILMAN MANN MOVED TO POSTPONE THE PASSAGE OF RESOLU- TION NO. 55, SERIES OF 1978 UNTIL OCTOBER 2, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO ALLOW THE STAFF TO NEGOTIATE AN INTERIM CONTRACT THAT WOULD BE VALID WITH THE PUBLIC SERVICE COMPANY BETWEEN NOW AND OCTOBER 2, 1978 TO DUMP FLY ASH AT THE SITE IN QUESTION. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the problem of coal trains blocking public ways in the City of Englewood. City Attor- ney Berardini transmitted copies of ordinances passed by the Cities of Littleton and Denver controlling general train regulations for Council to review and discuss further at a study session. * * * * * * City Manager Mccown presented a memoranda from the Di- rector of Parks and Recreation and the Chief of Police concerning Duncan Park. City Manager Mccown stated the report contains three September 18, 1978 Page 12 areas in which Council requested information: 1) incidences at the park from June through August; 2) report on possible facilities that could be established at the park; and 3) the costs of these facilities. COUNCILMAN CLAYTON MOVED TO ALLOW THE CITY STAFF TO CON- DUCT NEIGHBORHOOD MEETINGS IN THIS AREA TO SEE WHAT THE DESIRES OF THE RESIDENTS OF THE DUNCAN PARK ARE. Councilman Harper seconded the motion. A forum was allowed by Council in order to hear what some Duncan Park residents came to the meeting to say. The re- sidents were in favor of conducting these neighborhood meetings and thought the improvements could be completed over a certain period. These residents expressed concern over the location of the San-0-Lets. They requested the San-0-Lets be relocated to an area that is not so dark and secluded. Mayor Taylor stated the San-0-Lets are scheduled to be removed October 15, 1978 unless the season remains warm. City Manager Mccown stated the San-0-Lets were placed on the grounds in their present location in compliance with the caretaking specifications set forth by the company renting the San-0-Lets to the City. Upon a call of the roll, the vote on the motion re- sulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di-I rector of Engineering Services concerning the Holly Dam construc- tion costs. On July 17, 1978 Council approved an additional expendi- ture up to $16,865 for the construction costs. City Manager Mccown stated the Urban Drainage and Flood Control District has determined the construction coats to be $12,648.73 and requested Council's approval to make this expenditure now and reflect it later in the six-quarter budget. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY STAFF TO PARTICIPATE IN THE HOLLY DAM FOR THE LESSER AMOUNT REQUESTED I September 18, 1978 Page 13 BY THE DISTRICT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 56, SERIES OF 1978 A RESOLUTION CONFIRMING SUPPORT FOR IMPROVEMENTS TO SOUTH SANTA FE DRIVE. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 56, SERIES OF 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williama, Weber. The Mayor declared the motion carried. * * * * * * City Manager Mccown discussed the transmittal of the 1979 proposed budget to Council. COUNCILMAN MANN MOVED TO RECEIVE THE 1979 PROPOSED BUDGET. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Mann, Smith, Taylor. Nays: None. Absent: Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * September 18, 1978 Page 14 COUNCILMAN MANN MOVED TO ACCEPT THE PROCLAMATION DECLARING OCTOBER 16 -21, 1978 AS "LEAGUE OF WOMEN VOTERS OF ARAPAHOE COUNTY WEEK". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried. * * * * * * Mayor Taylor appointed City Manager Mccown and Council- man Donald Smith to continue serving on the Colorado Municipal League Policy CoDlllittee for the next year. * * * * * * Mayor Taylor stated he received an invitation from the Denver Symphony Orchestra inviting Council to attend a free con- cert at the Marina Square, East Belleview and South Holster on October 7, 1978 beginning at 1:00 p.m. Since no Council member chose to attend the concert Mayor Taylor asked the City Manager to so inform the Symphony. · * * * * * * Mayor Taylor gave Councilman Donald Smith tickets to to attend the 4lst National Convention of Girl Scouts of America on October 22, 1978. * * * * * * Councilman Smith requested the City Manager to submit a report for the next Council meeting on the possibility of plac- ing a loading zone sign in front of the First Baptist Church. Councilman Smith stated the clergymen keep getting tickets for unloading items from the street to the church. * * * * * * With permission from the Council, Maurice Jones, 5020 South Washington, appeared before Council and asked about the composition of fly ash. September 18, 1978 Page 15 City Attorney Berardini and Council explained the fly ash was composed of the industrial waste from coal and coke. Tri-County Health baa recomnended the material to be an excel- lent land filler because it is inert. Mayor Taylor stated once the material solidifies in the area in which it is dumped, it will be covered with a few feet of dirt and planted with grass. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN MANN MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Mann, Smith, Taylor. None. Council Members Williams, Weber. The Mayor declared the motion carried and adjourned the meeting at 9:55 p.m. DeputYCfi ~rk