HomeMy WebLinkAbout1982-01-18 (Regular) Meeting MinutesREGULAR MEETING:
COUNCIL CHAMBERS
CITY ~F ENGLtWOOD, COLORADO
January 18, 1982
The Cit y Council of the City of Englewood , Arapahoe
County, Colorado , met in regular session on January 18, 1982,
at 7 :30 p.m.
Mayor Otis, presiding, called the meeting to order.
Th e invo cation was given by Council Member Thomas
Fitzpatrick. The pledge of allegiance was led by Boy Scout
Troop 192,
Mayor Otis asked for ro l l call. Upon a call of the
roll, the following were present :
Council Members Higday, Neal, Fitzpatrick, Weist,
Bilo, Bradshaw, Otis.
Absent : None,
_The Mayor declared the mo tion carried,
* * * * * *
Also presP.n t were : City Manager Mccown
City Attorney DeWitt
Deputy City Clerk Watkins
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COUNCIL MEMB ER BRADSHAW MOVED TO APPROVE THE MINUTES
OF THE REGULAR MEETING OF JANUARY 4, 1982. Council Member Fitz-
patrick seconded the motion.
Council Member Neal asked the City Manager to check
the last paragraph on page 11 for accuracy . Mr. Ne al queried
whether the percentage was 21 or 31.
Upon a call of the roll , the vote resu l ted as follows :
Ayes :
Nays :
Council Members Higdsy, Neal, Fitzpatrick,
Weist, Bilo , Bradshaw, Otis.
None.
The May o r declared the motion c arried ,
* * • * * *
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January 18, 1982
Page 2
There were no pre-e~heduled visitors on the agenda.
* * * * * *
Mayor Otis asked if there wer~ any other visitors at
this tim e wi shing to speak to Council.
J ack Poole, Chairman of the Parke and Recreation Commis-
sion , appe a red before Council . Mr. Poole urged passage of Council
Bill No. 4 t hat would set up a trust fund for the handling of mone-
tary contributions to the Parke and Recreation for t ;,e use and pur-
pose of improving parks and recreation programs.
COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM
7F -COUNCIL BILL NO. 4 . Council Memb e r Bradshaw second e d the mo-
tion. Upon a call of the roll, the vote resulted as follows :
Ayes :
Nays :
Council Members Higday, Neal , Fitzpatrick,
Weist, Bilo, Bradshaw, Otis.
None.
The May or dec lared the motion ca rried,
ORDINl\liCE NO. ~ERIES OF 1982 __ _
BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD
TO BE KNOWN AS THE "PARKS & RECREATION FOUNDATION TRUST FUND" FOR
THE USE AND BENEFIT OF PROVIDING IMPROVED AND EXPANDED PROGRAMMING
AND FACILITIES, ADDING A NEW SUBSECTION TO TITLE XIII, CHAPTER 5,
m THE '69 ENGLEWOOD MUNICIPAL COD E , AS AMENDED.
COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL
NO. 4, SERIES OF 1982, ON FIRST READING. Council Me~ber Fitz-
patrick seconded the moti on. Upon a call of the roll, the vo te
resulted as follows :
Ayes:
Nays:
Council Members Higday, Neal, Fitzpatrick,
Weist, Bilo , Bradshaw, Otis.
None,
The Ma yor de c lare d the mo ti on ca rri ed,
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January 18 , 1982
Page 3
were :
"Communications -No Ac tion Recommended" on the agenda
(a) Minutes o f the Planning and Zoning Commission
meetings of December l, 8, and 15, 1981 ,
(b) Minutes of the Englewo od Public Library Ad-
visory Board meeting of January 12, 1982.
COUNCIL MEMB ER BILO MOVED TO ACCEPT "COMMU NI CATIONS -
NO ACTION RECOMMENDED " AG EN DA ITEMS 5 (A) -5 (B). Council Mem-
ber Fitzpatrick second ed the motion. Upon a call of the roll,
the vote res ulted ~s f ollows :
Ayes :
Nays :
Council Member ~ Hlgday , Neal, Fitzpa t rick ,
Weist , Bilo, Lradshaw , Otis,
None.
The May or de clared the motion carried.
* • • * * *
Mayor Otis presented a lette r from Ho ward E. Morarie,
Jr ., resigning from t he Library Advis ory Board .
COUN CIL MEMB ER BRADSH AW MOVED TO AC CEPT THE LETTER OF
RESIGNATION. Council Member Neal second ed the mo tion. Upon a
cell of the roll, the vo te resulted as follows :
Aye s :
Nays:
Cou nc il Membe rs Hlgd ay , Neal, Fitzpatrick,
We ist, Bllo, Bradshaw, Otis.
None.
The May or decla red the moti on carr ied,
It was not ed s letter of ap p reciation for Mr. Morarie's
service would be prep ared an d ma lled to him.
ORDINANC E NO.
SERIES OF 198 2
• * * * * *
BY AUTHORITY
CO UNC IL BILL NO . 2
INTRODUCED BY CO UNCIL
MEMBER NEAL
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January 18, 1982
Page 4
A BlLL FOR
AN ORDlNANCE AUTHORl ZING THE DIR ECTO R OF FlNANCE EX OFFlClO ClTY
CLERK-TREASURER TO APPOlNT ASSlSTAN T AND DEPUTY CITY CLERKS ADD-
lNG SECTlON 9, TO CHA PTER 5, TITL E I, OF THE ENGLEWOOD MUNI ClPAL
CODE OF '69, AS AM EN DED.
Discussed ensued. City Attorn ey DeW itt stated this
bill provides for the appointment of assist ant and deputy city
clerks in the code for which there is currently none. Council
e xp ressed their concerns regarding the r amific a t ion s of th is
bi ll in light of w'hat was going on i n neighboring cities. Coun-
cil Me mb e r Ne a l r eq ues ted staff to prepare a memoran dum outlin -
ing what the City's checks and balanc es system is that would
preclude what is happenin g to neighbo rhor i ng cities.
COUN ClL MEMB ER HlGDAY MOV ED TO TABLE CO UNC lL BlL L
NO. 4, SERlES OF 1982.
Motion died for l ack of a second.
COUNClL MEMBER NEA L MO VED TO PASS CO UNClL BlLL NO. 4 ,
SERlES OF ·19 82, ON FIRST READlNG. Coun c il Membe r Bilo seconded (
the motion. Up on a call of the r oll, th e vote resulted as fo llo ws:
Ayes :
Nay s :
Co unci l Mem be r s Higd ay, Ne a l , Fitzpatrick,
Weist, Bilo , Br ad shaw, Otis.
None.
The Mayor declared the motion carried .
* * * * * *
RESOL UTlON NO. 3,
SERI ES OF 1982
A RESOLUT LON AUTHORI ZIN G PURCHASE OF RE AL PROPERTY .
Mr. DeW itt noted the subject pro perty was 3455 South
Broadw ay ,
COUNCIL MEMBER NEAL MOVED TO PASS RES OLUTlON NO. 3,
SERIES OF 1982. Co unci l Member Bilo seconded the motion.
Upon a cal l or the r oll, the vote resulted as follows:
Ayes : Council Members Higda y , Ne al, Fitzpat ri ck ,
Bilo, Bradshaw, Otis.
January 18, 198 2
Page 5
Nays :
Abstain :
None,
Council Member Weist.
The May or decla r e d the moti on carried,
* * * * * *
City Att orney DeWitt presented a su b stitute resolut i on
for the next a ge nd a i tem c oncerning the purcha s e of real property
located adjacent to Centennia l Park , Mr , DeWitt stated his substi-
tut e r eso lution did not provid e for an exhibit -rec eipt an d option
contrac t.
City Attorne y DeWitt refer red to the chart er which ex-
plain e d the City's abilit y t o purchase the property without de-
dic a ting it for park purp o ses .
COUNClL MEMBE R BRA DSHAW MOVED TO SUBSTlTUTE THE RESOLU-
TION WITHOUT THE EXHIBI T AS SUBMITTED BY THE CIT Y ATTORNE Y FOR
THE ONE MEN TIONING THE EXHIBIT. Council Member Bilo seconded the
motion. Upon a call o f th e r o ll , the vote r es ulted as follows:
Ay e s:
Nays:
Co uncil Me mb e rs Higday, Nea l, Fitzpat ri ck,
We ist, Bilo , Bra d s haw , Otis .
None ,
The May o r declared the mo tion carrie d,
R[~OLU TION NO. 4
• ~R :ES OF 1982
A RESOL UTION AUTH ORIZ ING PLl RCtlAS E OF REAL PROPERTY .
(proper ty lo c ated acjacent to Centenn ia l Park )
COUNCIL MEMBER Bl LO l',OVED TO PASS RESOL UTION NO. 4,
SERIES OF 19 82. Council Mem ber Bradshaw s econded the mo tion.
Di s cussion ensued conce rnin g the need to work out the
de tails of pu rch asing subj ect property.
COUNCIL MEMB ER NEA L MO VED TO TABLE RESOLUTION NO. 4,
SERIES OF 198 2 , Coun ci l Mem ber Bradsha w s econ ded the mo tion.
Up on a cal l of th e r o ll, the vote re su l t ed a s follo ws :
Aye s: Co un cil Me mb ers Hi gday , Neal., Fitzpatrick ,
Weis t, Bi lo, Br adshaw, Oti s,
January 18, 1982
Page 6
Nays : None,
The Ma yor declared the motion carried.
RESOLUTION NO. 5
SERIES OF 1982
* * * • * *
A RESOLUTI ON AUTHORIZING THE CITY OF ENGLEWOOD, COLO RADO , TO
ENTER INTO A UTILI TY SERVI CES AUDIT .
COUN CIL MEMBER NEAL MOVED TO PASS RESOLUT ION NO. 5,
SERIES OF 198 2. Council Membe r Fitzpatrick se co nded the mo tion .
Upon a call of the r o ll, the vote resul te d as follows :
Ayes :
Na ys:
Council Members Higda y, Ne al, Fitzpatrick,
Weist, Bilo, Bradshaw, Otis,
None.
The May or dec lared the mo tion ca rri ed .
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ORDINANCE NO.
SERIES OF 1982
BY AUTHORITY
A BILI, FOR
COUNCIL BILL NO . 3
I NTRODU CE D BY COUN CI L
MEMB ER BRADSHAW
AN OR uIN ANCE PROHIBITING l NDECF.NT ACT S WITHIN THE CITY OF ENGLEWOOD,
COLORADO.
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COUNCIL MEMBER BRA DSHAW MOVED TO PA SS COUNCIL BILL NO. 3,
SERIES OF 1982, ON FIRST READ I NG. Council Membe r Fitzpat rick s econded
the motion .
Discussion ensued. Ci ty Atto rney DeWitt explained th e
purpose of both Council Bill No. 3 and Council Bill No . 5 . Con-
cern was expressed by Council as to the need f o r adding an emer-
gency c laus e .
Council reces sed at the declar ation of Mayor Otis at
8:05 p.m. to sllow City Attorney DeWitt tim e to prepare emergency
clauses for both bills . Council reconvened at 8:20 p.m. Mayor Otis
asked for roll call. Upon a call of the r o ll, th e fol lowing were
present:
January 18, 1982
Page 7
Council Mem be rs H.lgday, Ne al , Fitz patr ick, Weist,
Bl lo , Bra d sha w, Otis,
Absent: None.
. The Ma yor dec l ared a qu orum present.
COUNCI L MEMBER BRADSHAW MOVED TO PA SS COUNC IL BlLL
NO , 3, SERIES OF 1982 , ON FlRST READ ING . Council Me mber Higday seconded the motion.
COUNCIL MEM BE R HIG DAY MOVED TO AMEND THE MOTION BY ADD-
ING IN TH E TITLE "AND DECL ARIN G AN EMERGENCY" AND ADDING A NEW
SECTI ON "SECTI ON 3 . THAT AN EMERGENCY IS HEREBY DECLAR ED DUE TO
THE MUNI CIPAL COURT OF ENGL EWOOD FINDING LE GI SL ATION RELATING TO
IND ECENT ACTS , UN CONS TITUTIONAL AN D THE PA SSAGE OF THIS ORDIN AN CE
IS NEC ESS ARY FOR THE IMM ED I ATE HE ALTH, SAFE TY AND WE LF ARE OF THE
PUBLIC." Council Me mber Fitzpatrick seconded the motion. Upo n
a call of the roll, the vo te on the amendment r esulted as fo l lows:
Nays :
Counc l l Members Higd ay, Neal, Fitzpatrick,
Weist, Sil o, Bradsha w, Otis .
No ne .
The Mayor declared th e mo tion ca rried.
Upon a call o f the roll , t he vote on the original mo -ti on r e sul ted as f o llows :
Ayes :
Na ys:
Counci l Memb ers Higday, Ne al, Fitz pa trick,
We ist, Bilo, Bradshaw, Otis .
None .
The Ma yo r dec l ared the mot ion carried ,
* * * * * *
ORD INAN CE NO,
SERIES OF 1982 __ _
BY AUTHORIT Y
A BILL FOR
COU NCIL BIL L NO. 5
INTRODUCED BY COUNC I L
MEM BER FITZP ATRIC K
AN ORDINAN CE DE SCRIB IN G AND DEFINING OBSCENITY AND PROVID IN G
CIRCUMSTANCE S UNDER WHICH IT IS PROHIBITED,
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January lij, 1982
Page 8
COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL
NO . 5, SERIES OF 1982, ON FIRST READING. Council Member Bilo
seconded the motion .
COUNCIL MEMBER NEAL MO\!EO TO AMEND THE MOTION llY ADD-
ING "AND OECLARIN<..: AN EMERGEN~Y" IN TIIE TITLE; AND ADDING A NEW
SECTION "SECTION 2. THAT AN EMERGENCY IS HEREBY DECLARED IN THAT
THE ENGLEWOOD MUNICIPAL COURT HAS FOUND LE GI SL ATION RELATING TO
OBSCENE MAT ERIALS, DEVICES ANO PERFORMANCE, UNCONSTITUTIONAL ANO
THE PASSAGE OF THIS ORDINANCE IS NECESSARY FOR THE IMMEDIATE HEALTH,
SAFETY AND WELFARE OF THE PUBLIC". Council Member Bradshaw sec-
onded the mo tion . Upon a call of the roll , the vote on the amend-
ment resulted as follows:
Ayes :
Nays :
Co uncil MemD e rs Hi gday, Neal, Fitzpatrick,
Weist , Bilo, Bradshaw, Otis.
None.
Th e May or declared t he motion carried .
Upon a c a ll of the r o ll, the vote on the origi nal mo-
tion result ed a s fo llows: (
Ave s :
Na ys:
Co un ci l Members Higday, Neal, Fitzpatrick,
Weist, Bilo, Brad shaw, Otis.
None .
Th e Mayor declared th e mo tion c arr i ed .
••••••
City Attorney DeWitt transmitted a do c ument wherein
Distri ct Court Judg e Gat e ly denied a mo tio n to amend a c o urt
order in the matter o f Ver n Mann vs . the City of Engl ewo od.
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City Atto rney DeWitt tra nsm itted a doc ument wher e in
the City and County of Denver was granted l ~ave to ap pear as
Ami c us Cu r iae in the matter of City o f Eng lewoo d vs . John Da vid
Hemmes.
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City Attorney O~Witt transmitted a doc ument for Noti ce
of Appeal concerning the Liquor License Authority 's dec isi0n of
July 8, 1 981, in the matte r of Aft e r The Fox vs. the City of
Englewood .
• • • • •
January 18, 1982
Pa ge 9
City Mana ge r Mccown presented and discussed a Council
Communication concerning the funding for the purchasing of pro-
perty as the proposed walk-thru on the west side of 3400 block of
South Broadway and a r esolution amending the General Fund and th e
Public Improvement Fund In the 1982 Budget,
RESOLUTION NO. 6
SERIES OF 1982
A RESOLUTION AMENDING THE GF.NERAL FUND BUDGET AND THE PUBLIC IM-
PROVEMENT FUND IN THE 1982 BUDGET.
COUNCIL MEMBER FIT ZP ATRI CK MOV ED TO PASS RE SOLUTI ON
NO. 6, SERIES OF 1982. Co uncil Memb e r Bil o seconded the mo tion.
Upon a cal l of the roll, th e vote result ed as f o llows:
Ayes :
Na ys :
Counci l Memb e rs Higd ay, Neal, Fitz pa trick,
Weist, Silo . Bradshaw, Otis.
None .
Th e May o r decldr ~d t h e m<'ti o n carried .
City Man ager Mc ~own tra~s mitted the 1982 budget . Mr,
McCown stated the budget wa s estimated to be $24,239,6 58 fo r 1982
with no proposed inc r ea s es i n taxes nor increas es In wate r and sewer
ut il ity a ccounts.
COUNCIL !-!EMBER BIL O ACKNO WLEDGED TRANSMITTAL OF THE 198 2
BUDGET. Council Memb e r Bradshaw s econded the mot i on . Upon a cal l
of the roll, the vote r e sulted as follows
Ayes :
Nays:
Council Members Hi gday , Nea l, Fitzpatrick,
Weist . Silo, Bradshaw, Otis.
None.
The Ma yor de c lared the motion ca ,ried .
* * * * •
Council instructed t h e Cit y Att o rne y to pr epa re a resol u-
tion su ppor ting H.B . 1069 (the lottery bi ll) a e presently propos ed .
Mayor Otis noted there wae s om pro po sed legislation th at would
change the allocation of funds. Co unc il Member Bradshaw noted the
reas on that municipalities wo rked e o hard t o pass the bill wae with
the Idea that som e of the mone y generated by the l o tte ry would com e
January 18 , 1982
Page 10
back t o the cities . It was the consensus of Council to contact
l o cal legislators to express their concerns that eome of the pro-
c eeds fro m the lottery be de signated back to the citi es for park s
a nd recreation open s pace.
* * * • * *
COUNCIL MEMB ER BRADSHAW MOVED THAT A RESOLUTION BE PRE-
PARED DESIGNATING OR CONCURR ING THAT 1982 BE NATIONAL YEAR OF DIS-
ABLED PER SONS. Co un ci l Mem be r Bile seconded th e motlon. Upon a
ca ll of the r o ll, the vote resulted as follows :
Ay es : Councl l Members Fl t zpa tri~k, Welst , Bllo,
Bradshaw , Otis.
Na ys: Co un cl l Members Hi gday, Ne a l.
The Ma yor dec lared th e mot ion carried.
* * * * * *
GOUNClL MEMB ER BRADSHAW MOVED TO DlR ECT THE ClTY AT-
TORNEY TO PREPARE A RES GLUTl ON SUPPORTING COUNTY COMMISSIONER
EGGERT FOR Ctt .:.I RMAN TO DEN VER REGIONAL COUN CIL OF GOVERNMENTS.
Council Member Fitzpatrick seconded the mo tion . Upon a call of
the roll, the vote resulted as follows :
Ayes :
Na ys :
Ab s tain:
Co un cil Members Higda y, Neal, Fitzpatrick,
Weist , Bradshaw, Otis .
None.
Council Member Bile .
The Ma yor decl are d the motion carried .
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Co uncil Mem be r Neal asktd for a r eport fr om the Fire
Department in regard to _he ir reasons for continuing the ban of
kerosene he ate rs and what the implications would be if lifted.
* * * * * *
Council Memb er Nea l requested a bill for an ordinance
be prepare d i n the near futur e d ele ting model rockets from the
National Fire Cod e.
* * * * • *
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January 18, 1982
Page 11
Council Member Bradshaw asked for information regarding
the photo 1D system for the Parks and Recreation Department,
City Manager Mccown stated he had a report concerning
this matter and would forward it :o Council,
• * • * * *
Council Member Brad11haw stated the brochures for the
Malley Cent t:r Trust Fund have been completeJ and are impre,sive.
* * * * * *
There was no furth er business to be dlscusoed,
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COUNClL MEMBER HlGDA Y MOV ED TO ADJOURN TH£ ME ETlNG.
8:42 p.m .
Mayor Ot is adjourned the meeting without a vote at
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