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HomeMy WebLinkAbout1975-03-17 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 17, 1975 T h e City Council or the City or Englewood, Arapahoe I County, Colorado, met in regular session on March 17, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to o r de r. The invocation was given by the Rev. Stan Fixter, of the Englewood United Methodist Church. The pledge of allegiance was led by Mayor Taylor. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Brown, Clayton, Blessing, Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director of Public Works Waggoner Director of Community Development Supinger Deputy City Clerk Johannisson * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE MINUTES OF THE COUNCIL MEETING OF MARCH J, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Blessing, Clay t on, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * I I I Meeting of March 17, 1975 -2- Mr. Tom Young of the firm of Sellards and Grigg, was present to discuss the Federal-Bow Mar Storm Drainage Basin. He outlined the project on maps for both the Council and the audience. He discussed the bids which were received for the project. The low bid for the project was received from Emerson Construction Company of Topeka, Kansas. Their low bid was $589,048.95. Mr. Young stated that this firm has done business in Aurora and the people in Aurora have been quite pleased with their work. In response to Councilman Blessing's questions regarding deletion of Options I and II, Mr. Young stated that by deleting Option I the base system would be over-taxed and his opinion, it would be necessary to beef up the intake at Irving Street. He also stated that if deleting Option I was a temporary step, the basic system could remain as designed, but if it was a permanent deletion the beefing up of the Irving intake should be undertaken. Councilman Sovern stated that he would like to see the project undertaken, including Option I, for the following reasons. 1. If we don't do it now, it will probably never be done. 2. The cost to beef up the system at Irving would thus be spent on the entire system in the low collection area. J. A safety hazard exists with fast-moving water coming ·l down the streets involved. 4 The prices we received are extremely good. Councilman Mann stated that the one cent sales tax which went in several years ago specifically for public improvement, a storm drainage system being part of that system. At the present time we are approximately 80% finished and it would be unwise not to continue with the whole system. He would like to see the project adopted deleting Option II. Director of Public Works Waggoner stated that the State is still considering participation in this project and if participa- tion is received by the State he would hope that it would be in the area of $75,000. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT THE BIDS FROM THE EMERSON CONSTRUCTION COMPANY FOR STORM SEWER INSTALLATION IN THE FEDERAL-BOW MAR DRAINAGE BASINS TO INCLUDE THE BASE BID OF $498,113 AND OPTION I $76,822.25 AND TO DELETE OPTION II. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Meeting of March 17, 1975 -3- Nays: Council Member Blessing. Absent: None. The Mayor declared the motion carried. * * * * * Mayor Taylor introduced Rick Johnson, the new Denver Post representative for the City of Englewood. * * * * * Mr. Fred Elliott, 2083 West Adriatic Place, was present to discuss Paving District No. 22 as it relates to the paving of South Vallejo Street adjacent to their property. They are asking that a design exception be made in that the proposed paving of South Vallejo is for 44 feet in width from curb to curb, and they are requesting that it be reduced to 36 feet. Mr. Elliott presented a letter written by him, and a petition signed by residents that are affected. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO INSTRUCT THE DIRECTOR OF PUBLIC WORKS TO DESIGN THIS PORTION OF SOUTH VALLEJO TO BE 36 FEET WIDE FROM CURB TO CURB. Upon the call of the roll, the vote resulted as follows: Ayes: Council Memb~rs Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor delcared the motion carried. City Attorney Berardini stated that because the street is being narrowed and the cost being lowered, there is not need for . public hearing because there is a change being made in the Paving District. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. 7, SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION FOR STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; I I I I Meeting of March 17, 1975 -4- PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE ORDINANCE -~No. 7, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. In answer to Councilman Clayton's question, City Attorney Ba-ardini stated that there is no need to change the cost in the text of the ordinance, since it was a lowering or the cost because of narrowing the street. Councilman Jones asked when this project would be bid. Director of Public Works Waggoner stated that it would be ii , 1 bid in late April. * * * * * COUNC ILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO OPEN A PUBLIC HEARING ON SIDEWALK DISTRICT NO. 74. Upon the call of the roll, the vote resulted as follows. Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing open. City Manager Mccown explained the purposes of the public hearing and that it is to approve the assessed costs of the Sidewalk District, which are $48, 783.02. He stated that Page 3 of the Ordinance outlined three variances to the assessed costs originally made. Mayor Taylor asked if there were any complaints to the assessments. None were received. Meeting of March 17, 1975 -5- COUNCIIMAN MANN MOVED AND COUNCIIMAN BLESSING SECONDED A llJTION TO CLOSE THE PUBLIC HEARING RELATING TO SIDEWALK DISTRICT NO. 74. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing closed. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1975 AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST -EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ; ASSESSMENTS. (Copied in full , in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE ORDINANCE NO. 14, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * Mayor Taylor announced the Mayor's coffees and invited the public to attend those that they are able to. He stated that on the 27th o f this month, they are going to have a program regarding noise control put on by Jim Libberton. * * * * * I I I II Meeting of March 17, 1975 -6- The following communications were received into the record. Minutes of the Library Board meeting of March 11, 1975. Minutes of the Police Pension Board meeting of February 28, 1975. Councilman Clayton discussed the item relating to the memorandum from the City Manager concerning legislation on the &ate level for the creation of a downtown development authority. Councilman Clayton stated that the City could support this measure by taking no action. He stated that he is not in favor of this measure, and in addition, is desirous to receive more information regarding this legislation. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT CITY COUNCIL NOT SUPPORT HOUSE BILL NO. 1372. City Manager Mccown gave the background on the proposal for this legislative action. He stated that this legis- lation would not require that municipalities create downtown development authorities. It just gives them this option. MAYOR TAYLOR MOVED AND COUNCILMAN JONES SECONDED A MOTION TO TABLE COUNCILMAN CLAYTON'S MOTION RELATING TO HOUSE BILL NO. 1J7 2 TO THE COUNCIL MEETING OF APRIL 7, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. The following communications were received into the record. Memorandum from the Mayor to the City Council concerning the ~ip to Washington, D.C. by the Mayor and Councilman Blessing. Report from the Director of Utilities to the City Manager concerning contract amendments for rate increases on outside of t he City sewer districts. Secedule of savings as a result of the moratorium on hiring. Meeting of March 17, 1975 -7- Councilman Clayton requested information from Public Works Director Waggoner regarding the item relating to construction of the Englewood Dam. Public Works Director Waggoner stated that this is a regular update memo provided by the Urban Drainage and Flood I Control district. He stated that the estimates that they have been receiving for the dam have been lower than anticipated and, consequently, it looks like the Holly Dam might become a reality. Mr. Maurice Merlin requested that the Mayor comment on several items on the agenda. Mayor Taylor reported on the trip that he and Councilman Blessing took to Washington, D.C. to attend the Congressional City Conference of Mayors. City Manager Mccown outlined the savings that have been realized because of the moratorium on hiring. He stated that through February the City has saved $29,317. He did say that because position vacancies exist, there could be a cut- back in some of the services the City offers to the citizens. He went on to enumerate the positions which are under the Arapahoe County grant. City Manager Mccown reported on the financial status of the City through February. He said that the expenditures have been pretty much within the budget. The City revenues are below those budgeted. He stated that the City is behind in the estimated sales tax collection. In regard to the City Council portion or the budget, City Manager Mccown said that appropriations were high because the City Council appropriates many of its monies at the beginning of the year. Mr. Oliver Giseburt, 3171 South High Street asked if grant employees are given benefits of the regular employees. City Manager Mccown stated in the affirmative, although these employees are not on permanent status with the City. * * * * * City Manager Mccown presented a memorandum from the Director of Public Works relating to the City Ditch crossing at Oxford. In an earlier session, the City Council had approved an expenditure for a syphon in the City Ditch where it crosses I Oxford Avenue. The cost estimate at that time was approximately $5,500. The best price that can be gotten at this time is between $7,200 and $8,JOO, and it is felt that these prices are too high to proceed at this time. Public Works Director Waggoner recommends that the City postpone the installation until their own forces can do it and it could be done easily within the $5,000 as originally proposed. I I Meeting of March 17, 1975 -8- COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO POSTPONE THE INSTALLATION OF A SYPHON IN THE CITY DITCH WHERE IT CROSSES OXFORD AVENUE UNTIL CITY FORCES CAN DO THE WORK. Upon the call of the roll, the vote Tesulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Mann asked what happens to the budgeted $5,000 now that the project has been postponed. Director of Public Works Waggoner stated that it would remain in the Public Improvement Fund. * * * * * City Manager Mccown outlined a letter from the Career Service Board requesting that sections 5-J-4 and 5-J-lJ of the Municipal Code be changed to show a JO day limit in which to render decisions on grievances. This item had previously been tabled to discuss it with the Career Service Board. Because no meeting has been had with the Career Service Board, it is recommemded we table this item until we can meet with the Career Service Board. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE CONSIDERATION OF CHANGING SECTIONS 5-J-4 AND 5-J-lJ OF THE MUNICIPAL CODE INDEFINITELY WITH ACTION TO BE COMPLETED WITHIN SIX WEEKS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, 'Aylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * City Manager outlined the bids which were received for the Southwest Green Park, Phase II. Meeting of March 17, 1975 -9- The low bid received was from Acres of Green, Ltd., for $29,475.61. City Man ager Mccown stated that this would complete the project. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECOND- ED A MOTION TO AWARD THE BID FOR THE SOUTHWEST GREENBELT PARK, PHASE II, TO ACRES OF GREEN, LTD., IN THE AMOUNT OF $29,475.61. Councilman Clayton asked if the bid received from Thom ason Concrete, which was substantially over the Engineers' estimate, was indicative of the possibility of higher concrete prices. City Manage r Mccown stated that it was hard to tell. He also said that Sellards and Grigg were the ones that did the engineering estimate s and not our staff. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * Mayor Taylo r introduced Mrs. Betty Beier and Mr. Maurice Merlin, who are members of the Housing Authority. City Manager Mccown stated that the recommendation of the Housing Authority is that the City of Englewood be the applicant to the Department of Housing and Urban Development for the contract on Section 8 of the ederal Housing Act for the purpose of constructi n g 100 units of housing for the I elderly, and that the Housing Authority be delegated the responsibility for design and contract documents and the I application package for the City, and that the Housing Authority be delegated the responsibility of managing the units once constructed. He further said that the City, in being the developer, would be selling revenue bonds and the revenue bonds would be paid off by tenant revenues. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ENDORSE THE JOINT COOPERATION BETWEEN THE CITY COUNCIL AND THE HOUSING AUTHORITY CONCERNING THE CITY-SPONSORED FINANCING OF 100 UNITS OF HOUSING FOR THE ELDERLY PROJECT, AND ADDITIONALLY, TO REQUEST THE HOUSING I I Meeting of March 17, 1975 -10- AUTHORITY TO SERVE IN THE CAPACITY OF PROJECT DEVELOPER IN RELATION TO SUCH ITEMS AS DESIGN SELECTION, CONSTRUCTION, ETC. Upon the c nll or the ro l l, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Blessing stated that he is glad to see the unanimity of feeling between Council and the Housing Authority. Mr. Maurice Merlin, 3688 South Sherman Street, spoke to the Resolution relating to the purchase of land located on East Girard. He asked that Paragraph 5 be changed to delete the reference to the Senior Citizen Center and that it reflect only a reference to a community facility. It was recommended that the phrase "for the purpos~ of the Senior Citizen Center" be deleted. RESOLUTION NO. 18, SERIES OF 1975 A RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN LAND LOCATED ON EAST GIRARD AVENUE AND SOUTH LINCOLN STREET WI~HIN THE CITY OF ENGLEWOOD. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE RESOLUTION NO. 18, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * Meeting of March 17, 1975 -11- Mayor Taylor called a recess at 9:00 P.M. The Council reconvened at 9:15 P.M. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * Councilman Vernon Mann was appointed to the Housing Authority. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPOINT OLIVER GISEBURT TO THE FIREMEN'S PENSION BOARD. Upon the call of the roll, the vote resulted as follows. Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * City Attorney Berardini outlined a Bill for an Ordinance concerning the re-districting of Councilmanic Districts in the City of Englewood. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL FOR AN ORDINANCE AMENDING CHAPTER 4, TITLE I, ARTICLE III OF THE 1969 E.M.C. BY RE-DISTRICTING COUNCILMANIC DISTRICTS 2, J AND 4, WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING CHA!TER 4, TITLE I, ARTICLE III, OF THE 1969 E.M.C. BY REDISTRICTING COUNCILMANIC DISTRICTS 2, J, AND 4, WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND SETTING A PUBLIC HEARING FOR APRIL 7, 1975. Upon the call of the roll, the vote re- sulted as follows: I I I I Meeting of March 17, 1975 -12- Ayes: Council Members Jones, Sovern, Mann, Blessing Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * ~ City Attorney Berardini introduce~ a Bill for an Ordinance relating to building trades, licenses, license holders, renewals and increasing licensing fees. Councilman Sovern asked why we are raising fees at this time. City Attorney Berardini stated that these are rates that have been recommended by the Department of Community Development. Di rector of Community Development Supinger stated that these fees have not been raised since 1962. He stated that the revenues were adequate to cover the costs. Councilman Mann asked why, at this time of belt- tightening, we are raising fees. Director of Community Development Supi nffer stated that the fees are based on a break-even point, and that these fees need to be re-adjusted at this time when the cost of providing these 'ervices is increasing. City Manager Mccown stated that he could have the staff provide a cost study which will be available on the second reading of the Bill. Councilman Clayton asked if, because we are having less business, and thus less revenues, are we raising the fees tocnver the volumn loss. Mr. Supinger replied in the negative. He also stated that the Department of Community Development is continually moving people to meet the enforcement needs that exist at any point in time. When new building is down, emphasis isJl.aced on environmental inspections, and vice versa. He st at ed that we do need, as a City, to increase the fees to increase user costs. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE UNTIL APRIL 7th A BILL FOR AN ORDIN ANCE AMENDING CHAPTER J, ARTICLES 1 AND 2, OF TITLE IX OF THE E.M.C. RELATING TO BUILDING TRADES LICENSES, LICENSE HOLDERS, RENEWALS AND INCREASING LICENSING FEES THEREFOR. Upon the call of the roll, the vote resulted as follows: Meeting of March 17, 1975 -13- Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton. Nays: Council Members Mann, Taylor. Absent: None. The Mayor declared the motion carried. Councilman Jones asked if the study would show both old and new cost schedules. City Attorney Berardini explained items 6d through 6H, all relating to building and construction codes. He requested that all have a public hearing on April 21st, and that because of the length of the codes involved, they be publish- ed by reference. He stated that all major changes in these codes will be outlined at a public hearing on the 21st of April. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE AMENDING CHAPTERS 1 AND 2, AND REPEALING CHAPTERS 5 AND 6 OF TITLE IV, 1969 E.M.C., ENTITLED 'BUILDING REGULA- TIONS'; AND ADOPTING BY REFERENCE THE 1973 EDITION OF THE "UNIFORM BUILDING CODE"; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH: PROVIDING PENALTIES FOR VIOLATION THEREOF. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING CHAPTERS 1 AND 2 AMD REPEALING CHAPTERS 5 AND 6 OF TITLE IV, 1969, E.M.C., AND SET A PUBLIC HEARING FOR APRIL 21, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Abse nt : None. The Mayor declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN JONES. A BILL FOR AN ORDINANCE REPEALING CHAPTER 4, TITLE III, OF THE 1969 E.M.C., ENTITLED 'ALTERNATE METHODS, MATERIALS AND EQUIPMENT', BY REFERENCE IN LIEU THEREOF THE "UNIFORM MECHANICAL CODE", 1973 EDITION, TO PROVIDE MINIMUM STANDARDS TO SAFEGUARD LIFE I I I I Meeting of March 17, 1975 -14- HEALTH, PROPERTY, AND THE PUBLIC WELFARE BY REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF HEATING, VENTILATING, COOLING, REFRIGERATION SYSTEMS, INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLIANCES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO THE ABOVE AND SETTING A PUBLIC HEARING FOR APRIL 21, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor .declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 9, TITLE III, OF THE 1969 E.M.C., ENTITLED TPLUMBING' AND ADOPTING BY REFERENCE THE "UNIFORM PLUMBING CODE," 1973 EDITION, TO PROVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE AND SAFETY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING PENALITIES FOR VIOLATION THEREOF. COUNC ILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO THE ABOVE AND SETTING A PUBLIC HEARING FOR APRIL 21, 1975. Upon be call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * Meeting of March 17, 1975 -15- INTRODUCED AS A BILL BY COUNCILMAN MANN: A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER 10, TITLE III, I 1969 E.M.C., ENTITLED 'ELECTRICAL CODE', AND ADOPTING BY REFERENCE THE "NATION AL ELECTRICAL CODE", 1975 EDITION, TO PROVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE, AND SAFETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING PENALTIES FOR VIOLATION THEREOF. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO THE ABOVE AKD SETTING A PUBLIC HEARING FOR APRIL 21, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor . Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL FOR AN ORDINANCE REPEALING AND RE-ENACTING CHAPTER J, OF TITLE III, 1969 E.M.C., ENTITLED, 'UNSAFE BUILDING, STRUCTURES OR UTILITIES', AND ADOPTING BY REFERENCE THE "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS", 1973 EDITION, TO PROVIDE METHODS WHEREBY BUILDINGS OR STRUCTURES WHICH FROM ANY CAUSE ENDANGER LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS, MAY BE REQUIRED TO BE REPAIRED, VACATED, OR DEMOLISHED; REPEALING ORDINANCES IN CONFLICT HEREWITH: AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO BE ABOVE AND SETTING A PUBLIC HEARING FOR APRIL 21, 1975. Councilman Brown asked if we are updating our Codes to suit Englewood situation. Director of Community Development Supinger stated that these are National Codes which are updated every three years, plus the City amends it to fit our peculiar situation. He stated that the primary I !I I Meeting of March 17, 197~ -16- of the National Code changes were to update the Code to reflect new practices, methods and materials. He stated that Denver still has its own peculiar code and does not go along with the National Code. He did say that most major cities go along with the National Code,.rather than the Denver Code. Upon the call of the roll, the vote on the motion resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None The Mayor declared the motion carried. * * * * * Councilman Clayton stated that he would like to have more time to consider the Relolution relating to Araps Restaurant liquor license. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO TABLE UNTIL APRIL 7, 1975 A RESOLUTION RELATING TO THE APPLICATION OF DEMETRIUS CORPORATION, D/B/A ARAPS RESTAURANT AND LOUNGE, FOR A LIQUOR LICENSE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * City Manager Mccown introduced a memorandum from the Personnel Director, Rich Lorig, to the City Manager relat- ing to the physical examinations of emergency personnel. Mr. Lorig stated that a program of physical examinations for police officers is an excellant step in protecting the employee against injury and over use of the Workmen's Compensation are the self-insurance funds. More important, they could result in the cutting down on early disability retirements. The cost for the Police Department would total $4,761 over one year. This would involve taking a multi-phasic physical examination at Swedish Hospital. Meeting of March 17, 1975 -17- City Manager Mc Cown stated that it might be a good idea to consider the firemen also. The cost for this would be approximately $5,600. If the City were to include key personnel, the total cost to the City would be approximately $11,185. It is recommended that the multi-phasic exam be considered every two years with a regular physician's examination being given in alternating years. This whole topic should be reviewed in light of our budget priorities. In response to a question regarding the legal ramifications when physical problems exist, City Attorney Berardini stated that the test involved is one of the individual's performance. If the individual in question refuses to submit to corrective treatment, he is then subject to possible dismissal or disciplinary action. Councilman Blessing asked about possible religious considerations in reference to physical examinations. City Attorney Berardini stated that these are not important considerations. Mayor Taylor stated that the study into this topic is a direct result of the high number of recent physical retirements. He also stated that they have talked about the possibility of doing psychological testing on individuals in emergency positions. City Attorney Berardini stated that the whole topic of the physical examinations proposes no 3evere legal problems in that this is an area which has been legiala"ted in the past and Council does have the perogative of legis- lation in thi s area. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SEC ONDE D A MOT I ON TO REFER TO THE 1976 BUDGET THE CONSIDER- ATION CF PHYSICAL EXAMS FOR EMERGENCY PERSONNEL. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None. Absent: None. Th e Ma yor d ecl ar e d the motion carried. I I I ;I Meeting of March 17, 1975 -18- Councilman Mann asked what the difference was between a multi -pha sic physical and a regular physical. City Manager Mccown stated that the multi-phasic physicals are physicals which are primarily given with the aid of machines, where the regular physicals are doctor-oriented and not as dependent on machines. Mr. Clint Helton, 3320 South Clarkson, was recogni z ed. He explained in more detail the difference between the multi-phasic exam and a regular exam. He stated that the multi-phasic exam is one where the doctor-nurse influence is removed from the examination, and all tests are given with machines. He stated that the $4.00 interpretation cost by our City doctor is an extremely cheap item. He stated that the multi-phasic exams should be considered every two years with a regular physical examination in alternate years. * * * * * City Manager Mccown reported to the Council r ega rding aid to other agencies. Up to this point in time, the Council has appropriated funds to the Chamber of Commerce for $6,000, the Community Arts Symphony for $2,500, and the Cent ennial-Bi-Centennial for $1,500. This leaves $5,500 for unappropriated. Two requests have been received, one for $4,000 from the Inter-Faith Task Force, and $1,000 from the League of Women Voters. He stated that additional funds could bo nlloc11tcd o ver nnd above tho budget if Council oo dcaired. The un-budgeted items would come from other parts of the budget. Mayo r Taylor explained the IFTF situation, in that their contributions are down and they fear, because other organizations have used the IFTF Walk, funds from this so urce might also be down. Coun cilman Blessing stated that the IFTF is one of 1h e best cha rities in the area. COU NCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTI ON TO APPROPRIATE $5,000 TO THE INTERFIATH TAS K FORCE. Upon the call of the roll the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Bless- ing, Brown, Clayt on, Taylor. Nays : None. Absent: None. The Mayor declared the motion carried. Meeting of March 17, 1975 -19- COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONTRIBUTE $400 TO THE LEAGUE OF WOMEN VOTERS. Councilman Clayton questioned this contribu- tion to the League of Women Voters because the League has s::>metimes taken positions which are contrary to the good of the City and the citizens. Councilman Sovern stated that the League of Women Voters does provide se r vices to the City, especially at election time, in that they sponsor public forums for the candidates. Councilman Jones stated that if we do pass this, it would be setting a new precedent on this agency. Mayor Taylor stated that the League of Women Voters has in the past done an extremely good job, but in his opinion the League of Women Voters has recently broken their historical precedent by sponsoring Bills and taking sides on many issues instead of being bi-partisan, or non- partisan. Councilman Sovern stated that we back the Chamber of Commerce which is, in effect, another type of lobbying organization and he sees no difference between backing the League of Women Voters and the Chamber of Commerce. Upon the call of the roll the vote resulted as follows: Ayes: Council Members Sovern, Blessing, Brown. Nays: Council Members Jones, Mann, Clayton, Taylor. Absent: None. The Mayor declared the motion defeated. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONTRIBUTE $200 TO THE LEAGUE OF WOMEN VOTERS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Blessing, Brown, Taylor. Nays: Council Members Jones, Mann, Clayton. Absent: None. The Mayor declared the motion carried. I I I I Meeting of March 17, 1975 -20- Councilman Mann stated that as long as we were in the contribution subject, we might consider a request from the Women's Competitive Softball League, which is locat- ed in Englewood, that we provide a financial backing for one year. They are requesting a 50% backing, which would amount to approximately $3,000 for this softball year. It was de- cided to defer consideration of this topic to a later meet- ing. * * * * * City Manager Mccown discussed the lease which is coming up for renewal relating to the parking lot leased by Shopping Centers Company. This parking lot is located behind the old fire station. There are three amendments which are recommended. The first, that the parking time be changed to three hours and this would be enforced by the City Police Department. Second, the time limit of the lease would be changed to 20 years without an automatic renewal clause. This is because the Municipal Code prescribes that the City has a maximum of 20 years that they can make a lease for on real property. Third, the City would provide other space for parking in the event the City would for some reason need the space presently under lease. City Manager Mccown stated that in his conversation with Mr. Ambrose, Mr. Ambrose would agree to these lease arrange- ments. Information Handling would continue to have all-day parking privileges. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT THE CITY MANAGER TO NEGOTIATE A NEW LEASE WITH SHOPPING CENTERS COMPANY TO INCLUDE THE FOLLOWING PROVISIONS: 1. PARKING ENFORCEMENT BY THE CITY OF ENGLEWOOD WITH TIME LIMIT TO THREE HOURS: 2. A TIME LIMIT OF THE LEASE TO 20 YEARS WITHOUT AN AUTOMATIC RENEWAL CLAUSE; J. THE CITY WOULD PROVIDE OTHER PARKING IN THE EVENT ANOTHER NEED EXISTED FOR THAT PROPERTY IN THE TIME PERIOD OF THE LEASE. Upon the call of the roll, the vote resulted as follows; Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, 'lhylor. Nays : None. Absent: None. The Mayor declared the motion carried. * * * * * Meeting of March 17, 1975 -21- City Manager Mccown presented the item on the agenda relating to deferral of special assessment programs, and asked that this item be deferred to the April 7th meeting. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DEFER CONSIDERATION OF SPECIAL ASSESS- llENT DEFERRAL PROGRAM UNTIL THE APRIL 7th COUNCIL MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayto n, Taylor. Nays: None. Absent: None. The Mayor d e clared the motion carried. * * * * * City Manager Mccown presented the apprasial for Dartmouth Park. The appraiser gave a value to the Von Frellick land at $5000,000. This is for a leased and un- leased portion. This figures to a ·cost of $2.36 per square foot. The reason for the high valuation, higher than what the City had considered was that there is a lease agreement existing for the J.9 acres of land at $48,000 per year for 25 years. The lease is between Von Frellick Associates and New Englewood, Ltd. City Manager Mccown stated that he does not feel that another appraisal would come up with any different figure. Councilman Mann questioned the appriasal because, back in 1970 he stated that the land was appraised at $120,000, and a couple of years later was appraised at $240,000. City Manager Mccown stated that if you negate the lease on the land, the value would be approximately $280,000. Councilman Sovern made the recommendation that we look into the possibility of condemnation of this property. Mayor Taylor stated that he had had a discussion with Mr. Von Frellick and Mr. Von Frellick wanted a decision from the City Council as to whether they would be interested in prchasing the property at $500,000, or if they weren't, that they would not go into condemnation procedures. I I I I Meeting of March 17, 1975 -22- Mayor Taylor stated that he is of the opinion that we shouldn't buy the property even at $280,000, because the voters voted down a swimming pool in that area, and it would also cost a lot of money to fill in the ditch on that property. A M>TION TO INTERESTED THIS TIME. follows: MAYOR TAYLOR MOVED AND COUNCILMAN CLAYTON SECONDED INFORM MR. VON FRELLICK THAT THE CITY IS NOT IN BUYING THE PROPERTY, NOR CONDEMNING IT AT Upon the call of the roll, the vote resulted as Ayes: Council Members Jones, Sovern, Mann, Bless- ing, Brown, Clayton, Taylor. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Mann stated that the Council needs to have more information regarding this subject. * * * * * City Manager Mccown stated that he had received information from the Regional Transportation District indicat- ing that they want a joint meeting with representatives of the City to discuss park and ride facilities. It was decided to set a meeting date of April lat at 4:30 P.M. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOV!RN !C OND!D A MOTION TO ADJOURN. Upon the call of the roll, the Yo te re •ulted as follows: Ayes: Council Members Jones, Sovern, Mann, Bler.1- Sn1 . "r own, Clayton, Taylor. Nays: None. Aba ent: None. l ared the motion carried and the meeting was 11:20 P.M.