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HomeMy WebLinkAbout1982-03-08 (Special) Meeting MinutesI I SPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 8, 1982 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on March 8, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Pastor Tom Bybee, Englewood Wesleyan Church, 4609 South Fox Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upor , a call of the ~oll, the following were present: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo , Otis. Absent : Council Member Bradshaw. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown City Attorney DeWitt Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 16, 1982. Council Member Bilo seconded the motion. Upon a call of he roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. Nays : None. Absent: Council Member 'Bradshaw. The Mayor declared the motion carried. * * * * * * March 8, 1982 Page 2 COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRHARY 22, 1982 -4:35 P.H. Council Member Fitzpatrick seconded the motion. Upon a cal l of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried, * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF FEBRUARY 22, 1982 -4:50 P.M. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. Non,a!. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPA~RICK MOVED TO ACCEPT THE PROCLAMA- TION DECLARING THE WEEK OF MARCH 15 THROUGH MARCH 20, 1982, AS "DEMOLAY WEEK". Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday ., Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. Mayor Otis read and presented the proclamation to the representatives who appeared on behalf of DeMolay. Mr. Mathew E. B11.echner thanked Council for this recognition. * * * * * * I ( I I I March 8, 1982 Page 3 COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE PRO- CLAMATION DECLARING THE WEEK OF MARCH 14 THROUGH MARCH 20, 1982, AS "KELLYWEEK". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: 'Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. Mayor Otis read and presented the proclamation to Ms. Donnis Brown and Ms. Sussane Doussard from Kelly Services. * * * * * * Pre-scheduled visitor Alexandra Habenight, 515 West Tufts Avenue, was present. Ms. Habenight related an incident where her daughter was almost hit by a car at a crosswalk between Tufts and Elation February 26, 1982, while walking to school. Ms. Habenight requested the following steps be taken to improve safety : l) move mid-block signals to the intersections; 2) have vo :unteer crossing guards; and 3) sec up a traffic safety program with the school, city and police department. Ms. Habenight listed the agencies she has contacted in pursuit of a safer method. She stated volunteer crossing guards were prohibited because of the liability placed on the Sc hool District. Ms. Habenight stated a similar incident hap- pened six years ago and she was tired of being put off. Council Members F.~zpatrick and Bilo who are representa- tives of the Joint School-City Committee stated they would take this matter to their next meeting. Council Member Fitzpatrick requested that City Attorney DeWitt contact Richard Simon, attorney for the School Board, in answer to the question of school liability for volunteer crossing guards. * * * * * * Mayor Otis asked if there were other visitors wishing to address Council on matters pertaining to the agenda . March 8, 1982 Page 4 Lee R. Jones, 2747 South Cherokee Street, appeared be-I fore Council. Mr. Jones discussed the inclusion of South Cherokee Street from Yale to Floyd in proposed Paving District No. 28. Mr. Jones stated the street had already been in a special district back in 1935 and passed out a map as evidence. Mr. Jones stated r~om that time the street has been ..iaintained as far as chuck hol;,s are concerned. Mr. Jones stated the surface is breaking down an~ the street could best be served by resurfacing which would be minimal expense versus major reconstruction. Mr. Jones stated almost all of the residents are of two age groups: 1) older people of which several are widoJs; and 2) new families just getting started. Mr. Jones stated the assessment costs would place a financial burden on these people. Mr. Jones suggested that Council consider the possibility of placing Cherokee Street from Dartmouth to Yale which .is residential in the category of repairing the walks, curb and gutter, vertical curb surface and putting on al" overlay. Council Member Higday recommended citizens opposing the district to contact their respective Council Members and voice their opposition so the Council Member would ·have some under- standing of the situation prior to the public hearing. Council Member Neal requested that the deferral plan ordinance be provided to Mr. Jones; and that a transcript of ( Mr. Jones's comments be made available to Council before the p•.1blic hearing. * * * * * * Virgil Thomas, 3810 South Lincoln, appeared before Coun- cil. Mr. Thomas discussed proposed Paving District No. 28. Mr. Thomas stated a poll of the neighborhood (3700 -3800 South Lincoln) reflected overwhelming opposition to the district. Mr. Thomas stated opposition was outlineq in a letter to Mr. Higday and arrangements were being made to voice ·opposition to Council Meniber Higday in a neighborhood meeting. Mr. Thomas withheld the letter from the record at this time. Mr. Thomas wanted to get more signatures of opposition. were: There were no other visitors at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) Minutes of the Malley Center Trust Fund - Board of Trustees meetings of June 23 and October 8, 1981 and 1981 Financial Sheet. I I ( I March 8, 1982 Page 5 (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Minutes of the Board of Adjustment and Ap- peals meetings of December 9 , 1982 and Janu- ary 13, 1982. Minutes of the Denver aegional Council of Governments meeting of January 20, 1982, Minutes of the Board of Career Service Com- missioners meeting of January 21, 1982, Minutes of the Housing Authority meeting of January 27, 1982. Minutes of the Planning and Zoning Commission meeting of February 2, 1982, Minutes of the Urban Renewal Authority meet- ing of Febr u ary 3, 1982 . Minutes of the Water and Sewer Board meeting of February 9, 1982. Minutes of the Downtown Development Authority meeting of February 10, 1982. Minutes of the Parks and Recreation Commis- sion meeting of February 11, 1982. Municipal Court Activity Report for the month of January, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS SA -SK. Council Mem- ber Bilo seconded the motion. Council Member Fitzpatrick noted a correction to S(h). Mr. Fitzpatrick stated he was not absent from the Water and Sewer Board meeting; only late 7 minutes. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * March 8, 1982 Page 6 City Manager Mccown presented a Council Communica-I tion from the Library Advisory Board concerning a request for proposal for consulting services relating to the acquisition of an automated system to include circulation control, on-line public catalog access, management reporting and cataloging for the Library Department. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION APPROPRIATING $7,000 -$10,000 OF EN- CUMBERED FUNDS FOR USE OF THE LIBRARY IN ADDITION TO CURRENT BUDGETED $5,000 TO HIRE A CONSULTANT TO PREPARE AN RF FOR A COMPUTER SYSTEM FOR THE LIBRARY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote result- ed as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 13 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 13 IN1'RODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD FOR THE PRO- VISION OF CENTRALIZED SERVICES FOR ENTRY LEVEL RECRUITMENT AND TESTING OF LAW ENFORCEMENT OFFICER APPLICANTS. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 13, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * ( I I I March 8, 1982 Page 7 ORDINANCE NO. 14 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE DEFINING FOOD AS AN EXEMPTED ITEM UNDER THE SALES TAX PROVISIONS OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 12, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays : Absent : Council Members Higday, Neal , Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motivn carried. * * * * * * ORDINANCE NO. 15 SERIES OF 1982 BY AUTHORIT Y COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT WITH SCHOOL DISTRICT NO. l, ARAPAHOE COUNTY, COLORADO, GRANTING CITY OF ENGLEWOOD, COLORADO, AN EASEMENT TO USE SCHOOL PROPERTY FOR A STORM WATER DETENTION AREA AND ESTABLISHING OTHER RELATED TERMS AND CONDITIONS. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 14, SERIES OF 1982, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * March 8, 1982 Page 8 ORDINANCE NO. 16 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE EMKAY DEVELOPMENT IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES' OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1982, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote result~d as follows: Ayes : Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. 17 SERIES OF 1982 * * * * * * BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING $124,315 TO ENGLEWOOD HOUSING AUTHORITY TO ACQUIRE AND DEVELOP ASSISTED PUBLIC HOUSING FROM GRANT FUNDS RE- CEIVED BY THE CITY OF ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member Bradshaw. The Mayor d e c lared the motion carried. * * * * * * I ( I ( I I March 8, 1982 Page 9 Council Member Bradshaw entered at 8:35 p.m. * * * * * * ORDINANCE NO. SERIES OF 1982 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE STATE OF COLORADO LAW ENFORCEMENT TRAINING ACADEMY AND THE CITY OF ENGLE- .WOOD, FOR USE OF THEIR FIRING RANGE FACILITIES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 17, SERIES OF 1982, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 13 SERIES OF 1982 * * * * * * A RESOLUTION PROVIDNG FOR A PROCEDURE BY WHICH COMPLAINTS OF NON-BARGAINING UNIT EMPLOYEES t1AY BE RESOLVED BY SUPERVISORS, DEPARTMENT HEADS, OR CITY MANAGER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 13, SERIES OF 1982. Council Member Bilo seconded the mo- tion. In response to Council Member Neal's question, City Manager Mccown stated this resolution addresses the grievance procedure for the group of employees not in a bargaining unit but still under the Career Service System. March 8, 1982 Page 10 Upon a ca1 ·:. of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo,Bradshaw, Otis. None, The Mayor declareo the motion carried. RESOLUTION NO. 14 .SERIES OF 1982 * * " * * * A RESOLUTION REQUESTING THE COLORADO LEGISLATURE TO FUND THE COLORADO RESOURCE CENTER, COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1982. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradahaw, Otis. None, The Mayor declared the motion carried. RESOLUTION NO, 15 SERIES OF 1982 * * * * * * I ( A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO. 28, ADOPT-I ING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTlON NO. 15, SERIES OF 1982. Council Member Bilo seconded the motiop. City Attorney DeWitt noted two public hearing dates would be set by passage of this resolution, e.g. March 29, 1982 on the creation and April 19, 1982, for final passage of the or- dinance creating the district. I ( I March 8, 1982 Page 11 Gary Diede, Director of Engineering Services, came forward and discussed the following changes to the resolution: l. On page 6, move W. Grand Ave. from E. line Lowell Blvd. to W. line Irving Street from category 3 into category 2. 2. On page 7, (c) change amount to $1,455,200. 3. On page 7, (d) change amount of $370,150. Mayor Otis declared a r e cess at 8:53 p.m. to allow Mr. Diede time to verify the chang~s with the City Attorney. Council reconvened at 9:05 p.m. Ma y or Otis asked for roll 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 a quorum present. City Attorney DeWitt stated the changes have been veri- fied and repeated the changes as presented by Mr. Diede which ap- pear in this record. COUNCIL MEMBER BRADSHAW MOVED TO AMEND COUNCIL MEMBER NEAL'S MOTION BY MAKING THE FOLLOWING CHANGES IN SUBJECT RESOLU- TION: 1) ON PAGE 6, MOVE W. GRAND AVE FROM E. LINE LOWELL BLVD. TOW. LINE IRVING FROM CATEGORY 3 TO CATEGORY 2; 2) ON PAGE 7, (C) CHANGE AMOUNT OF $1,455,200; AND 3) ON PAGE 7, (D) CHANGE AMOUNT TO $370,150. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays : Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal instructed staff to include a letter explaining, in plain English, the City's deferral plan with the notice to create Paving District No. 28 sent to each resident. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. March 8, 1982 Page 12 Nays : None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE PROCLAMA- TION DECLARING APRIL 18 THROUGH APRIL 25, 1982, AS "DAYS OF RE- MEMBRANCE". Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Me ·.nbers Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a memorandum and opinion from his office concerning model rockets. Mr. DeWitt stated model rockets are permitted pursuant to the rules and regulations of the Fire Chief. * * * * * * City Attorney DeWitt requested settlement of $500 i n the matter of Bell vs. City of Englewood. COUNCIL MEMBER BILO MOVED TO DIRECT THE CITY ATTORNEY TO SETTLE THE CASE OF oELL VS. CITY OF ENGLEWOOD IN THE AMOUNT OF $500. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Abstain: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Otis. None. Council Member BradRhaw. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted a letter from Richard M. Huckeby, attorney for Vern Mann, to the Clerk of Court of Ap- peals withdrawing an appeal in the matter of Mann vs. City of Englewood. * * * * * * I ( I I ( I March 8, 1982 Page 13 Gary Diede, Director of Engineering Services, presented a Council Communication concerning rejecting bids for repeir of Sinclair Pool. Mr. Diede explained a major leak in a copper water inlet line was repaired last year at Sinclair Pool, Specifications for replacement of inlet lines, acid washing the pool walls, miscel- laneous tile repair and various repairs were submitted for bid. The l owest bidder was Wheatland Industries, Inc, in the amount of $32,110, Th~ Parks Department budgeted $10,000 for this type of work. Mr. Diede stated since replacement of the copper inlet lines was more expensive than anticipated, Mr. Diede recommended rejecting all bids and negotiate with the three contractors to acic wash the pool, repair miscellaneous damaged tile and raise the overflow gutter, Mr, Diede further recommended re-evaluating the inlet replacement work and re-bid in early fall. Discussion ensued. Council Member Neal suggested re- evaluating the Parks budget to accumulatP. $32,110 to repair Sinclair Pool. Council Member Bradshaw stressed the importance of the pool to the residents of Englewood; therefore, the need to award the bid and repair the pool. Council Member Higday expressed ame leak m,,ybe all the structure will experience and why spend money to replace the inlet lines at the present time. Council Member Bilo expressed his concerns of having $20,000 in excess available in the Parks budget when he felt all monies would be earmarked and not available. COUNCIL MEMBER NEAL MOVED TO ACCEPT THE BID FROM WHEAT- LAND INDUSTRIES, INC. IN THE AMOUNT OF $32,110; AND THE ADDI'IIONAL MONIES REQUIRED BE ACCOMODATED THROUGH THE EXISTING PARKS AND RE- CREATION BUDGET. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday, Neal, Weist, Bradshaw, Otis. Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. Council Member Higday noted the aforementioned motion may require adjustment to the Parka & Recreation Department at year end, * * * * * * March 8, 1982 Page 14 City Manager Mccown presented a Council Communication from the Director of Community Development concerning the Down- town Plan. RESOLUTION NO. 16 SERIES OF 1982 A RESOLUTION APPROVING A POLICY DOCUMENT TO GUIDE DOWNTOWN DE- VELOPMENT KNOWN AS "ENGLEWOOD DOWNTOWN DEVELOPMENT PLAN". COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 16, SERIES OF 1982. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. 'l'le Mayor declared the motion carried. * * * * * * Council Member Neal requested the shuttle bus question be placed on a study session agenda. 9:35 p.m. * * * * * * There was no further business to be discussed, * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at I I