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Home My WebLink About1982-05-17 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS City of Englewood, Colorado May 17, 19B2 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 17, 1982, at 7:30 p.m. Mayor Otis, presi di ng, called the meeting to order. The invocation was led by Bishop Phillip W. Nolen, Church of Jesus Christ of Latter-day Saints, Englewood Ward, 999 East Tufts Avenue. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Coun'cil Members Higday, Neal, t'itzpatrick, Weist, Bradshaw, Otis. Absent: Council Member Bile. The Mayor declared a quorum present. Also presen t were: City Manager Mccown Assistant City Manager Vargas City Attorney DeWitt Di re ~tor of Parks & Recreation Romans Assistant Director of Parks & Recreation Kuhn Deputy rity Clerk Watkins • COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF APRIL 26, 19B2. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. May 17, 1982 Page 2 Nays : Absent : None. Council Member Bile. Th e Ma yor declared the motion carried. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE RE GULAR MEETING OF MAY 3, 1982. Council Member Fitzpatrick seconded th e motion. Upon a call of the roll, the vote resulted as follow s : Ayes: Nays : Absent : Council Members Hlgday, Neal, Fitzpa trick, Weist, Bradshaw, Otis. None. Council Member Bile. The Mayor declared the motion carried • • • There were no pre-scheduled visitors on the agenda • • There were no other visitors at this time • • • • COUNCIL MEMBER BRADSHAW MOVED TO BRING FORWARD AGENDA ITEM 7C -PROCLAMATION PROCLAIMING PUBLIC WORKS WEEK AND AGENDA ITEM 7D -PROCLAMATION PROCLAIMING BUDDY POPPY DAY. Co uncil Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows : Ayes : Nays: Absent : Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bile. The Mayor declared the motion carried. City Attorney DeWitt pointed out an amendment to the Buddy Poppy Day proclamation. The amendment was to change the day to May 22. COUN CIL MEM BER FIT ZPATRICK MOVED TO ACCEPT THE PROCLAMA- I I May 17, 1982 Page 3 TION DECLARING MAY 22, 1982, AS AMENDED, AS BUDDY POPPY DAY. Coun- cil Member Bradshaw seconded the motion, Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis, None. Council Member Bilo, The Mayor declared the motion carried, Mayor Otis presented the proclamation to representatives of the V,F.W. and the American Legion. They in turn presented Mayor Otis with a Buddy Poppy and a Buddy Poppy tie tack. COUNCIL MBMBER BRADSHAW MOVED TO ACCEPT THE PROCLAMATION DECLARING THE WEEK OF MAY 23 -29, 1982, AS PUBLIC WORKS WEEK. Coun~ll Member Neal seconded the motion. Upon a call of the roll, the vJte resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None, Council Member Bilo. The Mayor declared the motion carried. City Manager Mccown stated therP. were several small public works projects that were going to be dedicated this week in honor of Public Works Week; and extended an invitation to those who could come, Mr. Mccown stated he had a schedule for the newspapers • were: • "Communications -No Action Recommended" on the agenda (a) Minutes of the Housing Authority meeting of March 24, 1982. (b) Minutes of the Downtown Development Authority meeting of April 14, 1982, (c) Minutes of the Planning and Zoning Commission meeting of April 20, 1982. (d) Minutes of the Urban Renewal Authority meeting of April 21, 19B2. May 17, 1902 Page 4 (e) ( f) Minutes of the Liquor License Authority meeting of May 5, 1982, Memorandum from Division Chief Frazier of the Englewood Police Department to Assistant Di- rector of Finance Lowry concerning a bequest to the Englewood Police Department. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGF.NDA ITEMS SA -SF. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol lows : Ayes: Nays: Absent: Council Memberm Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bllo. The Ma~~r declared the motion carried. Council Member Neal expressed appreciation fr• the be- quest. Mr, Neal stated the contribution was used top,• _hase a meter to monitor In-coming calls to the Police Depart ~nt, • Mayor Otis presented a letter from Robert M. Brundage, 4140 South Huron Street, concerning his resignation from the Board of Career Service Commissioners. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT •r HE RESIGNATION WITH REGRET. Council Member Fitzpatrick seconded the motion, Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members ~i gday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Coun~:I Member Bile. The Mayor declared the motion carried. Council Member Fitzpatrick stated the vacant position should be filled by appointment from citizens who have eY.pressed an interest in participating on Boards and Commissions. COUNCIL MEMBER FITZPATRICK MOVED THE POSITION VACATED BY ROBERT BRUNDAGE BE FILLED BY BETTY KEENA FOR THE REMAINING TERM. I llay 17, 1982 ( Page 5 Council Member Bradshaw seconded the motion. Upon a cell of the roll, vote reGulted as follows: Ayes: Nays: Absent: Council Members Hlgdey, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. Mayor Otis presented a Council Communication from the Public Library Advisory Board concerning an award of contract for consulting services and related appropriation of. funds for consult- ing ·services. COU!lCIL MEMBER NEAL MOVED TO AWARD THE CONTRACT TO RMG CONSULTANTS, INC. FOR CONSULTING SERVICES TO THE LIBRARY AND RE- APPROPRIATE $6,955 TO THE UNEXPENDED BALANCE TO THE LIBRARY BUDGET AND ALSO APPROVE AD~ITIONAL APPROPRIATION OF $4,860 FOR THE PURPOSE OF THE CONSULTING SERVICES. Council Member Higday seconded the mo- tion. Upon a call of the roll, the vate resulted a~ follows: Nvys: /\I.went: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Cour1cil Mumbcr BiJo. The Mayor declared the motion carried. ~ity Manager Mccown stated the appropriation resolution would be presented at the next regular Council meeting. ORDINANCE NO. 22 SER !ES OF 1982 BY /\U'J'IIOII I 'J'Y COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE CREATING PAVING DISTRICT NO. 28 IN THE CITY OF ENGLE- WOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB /\ND GUTTER AND SIDEWALK IMPROVEMENTS TOGETHER WITH NECESSARY INCIDENTI/\LS, ON CERTAIN STREETS AND AVENUES; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR S/\ID IMP . OVEMENTS; AN[; SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. May 17, 1982 Page 6 COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO, 21, SERIES OF 1982, ON FINAL READING, 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, Bradshaw, Otis, None. council Member Silo, The Mayor declared the motion carried, BY AUTHORITY ORDINANCE N 1 o 98 , 2 __ SERIES OF COUNCIL BILL NO, 28 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT FOR MUNICIPAL SERVICES TO PERMIT OTHER GOVERNMENTAL ENTITIES TO USE THE ENGLEWOOD ANIMAL SHELTER, TABLE COUNCIL BILL council Member the roll, the vote COUNCIL MEMBER FITZPATRICK MOVED TO NO, 28, SERIES OF 1982, UNTIL JUNE 21, 1982, Bradshaw secon~ed the motion, Upon a call of resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None, Council Member Bilo. The Mayor declared the motion carried. City Attorney DeWitt transmitted a memorandum concerning revising the Englewood Criminal Code. Mr, DeWitt stated he was waiting for comments back from departments Involved in the code, City Attorney DeWitt discussed the Career Service Board's ruling in the matter of Wing and Welbourne grievance on the City's ov e rtime policy, The Board ruled in favor of the City and the May 17, 1982 Page 7 period of time Is not overtime but well within the work day . • • • ., • City Attorney DeWitt discussed the m;tter of the Gothic Theatre. Mr. DeWitt stated the City moved to prevent the Theatre from showing certain types of adult film as ptohiblted by the ordinance passed by City Council, Last Thursday, the Court ruled enforcement by the City was appropriate, City Attorney DeWitt informed Council the matter of Odd- fellows vs. the City would be argued Friday at 9:30 a.m . • C.ity Attorney DeWitt stated tentative hearings were set up for Monday in District Court on the sergeants case and the adult bookstori..' case. • City Attorney DeWitt discussed the water tower case and offered a bill to a mend the zoning ordinance to allow construction of water towers and other public utilities in various zone dis- tricts. Mr. DeWitt stated the proposal was fashioned on two cases decided by the Colorado Appellate Courts. The indications from the two cases are that if a zoning ordinance takes effect after an action has been commenced and those ordinances permit the activity previously prohibited by the zoning ordinance, the Supreme Court wi'' ~nforce the ordinance. Mr. DeWitt stated the bill must go thr,,gh hearings by both the Planning and Zoning Commission and the City Council. ORDINANCE NO. SERIES OF 1982-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADDING PARAGRAPH 22.1-8 TO THE COMPREHENSIVE ZONING OR DINANCE TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILITIES FROM ITS REQUIREMENTS AND REGULATIONS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 20, SERIES OF 1982, ON FIRST READING AND TO SEND IT TO THE PLANNIUG AND ZONING COMMISSION FOR CONSIDERATION BEFORE SECOND READIN G . Council Member Bradshaw seconded the motion, Upon a call of the roll, the vote resulted as follows : Hay 17, 1982 Page 8 Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried • • • City Manager Mccown presented a Council Communication con- cerning a resolution appropriating the balance of Title II funds to the Engineering Services Department. RESOLUTION NO. 23 SERIES OF 1982 A RESOLUTION AMENDING THE 1982 GENERAL FUND BUDGET. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 23, SERIES OF 1982. Council Member Fitzpatrick secu nd ~-! the motion. Upon a call of the roll, the vote resulted as f o llow~: Ayes: Nays: Absent: Council Members Higday, Neal, iitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. City Manager Mccown presented a Council Communication con- cerning the award of the Belleview Park Pump Station project. Director of Parks and Recreation E. P. Romans and his Assistant Director, Leon Kuhn, were present and appeared before Council. Director Romans answered questions regarding the necessity of the project. Assistant Director Kuhn explained the system. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BELLEVIEW PARK PUMP STATION PROJECT BID TO WILLIAM MORAN CONSTRUCTION INC. IN THE AMOUNT OF $67,000.00. Council Member Fitzpatrick seconded the motion. Council Me~ber Neal asked if there was anyway to use drain water to Irrigate Belleview Par k . May 17, 1982 Page 9 Director Romans stated the City did not own the rights to use the water. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bile. The Mayor declared the motion carried • • City Manager Mccown presented a Council Co~munication con- cerning the award of the McLellan Reservoir and Englewood Golf Course Fencing Project. Director Romans stated Winslow Company would participate In the cos es of the fencing project at the golf course. It was only a matter of letting Winslow know what the bid was and seeing how much they want to pay. Council Member Hi~day queried why the City did not get a commitment from Winslow before the matter was brought to Council. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE MCLELLAN RESERVOIR FENCING TO AMERICAN COLORADO FENCE COMPANY UTILIZING THE EIGHT (8) FOOT COATED FENCE FuR THE AMOUNT OF $50,262.00; AND TO AWARD THE ENGLEWOOD GOLF COURSE FENCING TO LIFE TIME FENCE COMPANY WITH A FABRICATED STEEL GATE FOR THE MAIN ENTRANCE AND A SINGLE GATE WITH COATED CHAIN LINK FOR THE ENTRANCE ROAD FOR THE TOTAL AMOUNT OF $37,755.00. Council Member Fitzpatrick seconded the mo- tion. Council Member Higda y stated he would vote against the mo- tion. He was not against the concept of fencing the course. Mr. Hlgday stated now that there #as a ballpark figure, the City should go to Winslow, see if he Is wi lling to participate, negotiate, and come back to take action. Council Member Bradshaw stated the City has dealt with Winslow in the past on a gentlemen's agreement, In particular pur- chase of property, so why change p r ocedures now. COUNCIL MEMBER NEAL MOVED TO TABLE THE MATTER. Council Hlgday seconded the motion. Upon a call of the roll, the vote resulted as follows: May 17, 1982 Page 10 Ayes: Nays: 1'.bsent: Council Members Hlgaay, Neal. Council Members Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bllo. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes : Nays: Absent : Council Members Hlgday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Counci l Member Silo. The Mayor declared the motion carr~ed. • • * Ci ty Manager Mccown presented a Council Communication con - cerning the award of contract for the const'ruction of the West Ox- ford Avenue Golf Course Turn Lanes. Council Member Hlgday cautioned the use of this company due to the poor work they had done on a perso nal pro~ect. Mr. Hlgday advised staff to carefully inspect the surface work. COUNCIL MEMB ER HIGDAY MOVED TO AWARD THE CONTRACT TO THE LOW BIDDER BITUMINOUS ROADWAYS OF COLORADO IN THE AMOUNT OF $46,566.34 FOR THE TURNING LANES ON WEST OXFORD INTO THE NEW ENTRANCE INTO THE GOLF COURSE. Council Member Bradshaw seconded the motion. Upon a call of the roll , the vote resulted as follows : Ayes : Nays: Absent : Counc i l Members Higda y , Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bilo. The Mayor declar e d the mot i on carried. * City Manager Mc Cc,n presented a Council Communication con- cerning consideration of a ne w off i c i a l seal for the City. I May 17, 1982 Page 11 Council Member Higday preferred to have more choices from which to select the seal. Mr. Higday stated these choices were not necessarily to be developed by someone outside the City • • • * • City Manager Mccown discussed an Invitation from Colorado Municipal League to participate in CML's proceedings before the Public Utilities Commission against a 1982 Mountain Bell rate in- crease. The CML has funded such projects by going to each munici- pality for financial help if there Is participation. Mr. Mccown stated the fee would be based on 5 cents per capita or $1,501.50. Any amount of money left over Is prorated back to the participating municipality. COUNCIL MEMBER FITZPATRICK MOVED TO PARTICIPATE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Hlgday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. Council Member Bilo. The Mayor declared the motion carried. City Manager Mccown presented a request from Fire Chief Broman to attend an out-of-state conference in Ft. Worth, Texas, on May 24, 25, 26, 1982, COUNCIL MEMBER BRADSHAW MOVED TO ALLOW CHIEF BROMAN TO ATTEND THE OUT-OF-STATE CONFERENCE. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Na ys : Absent: Council Members Hlgday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Council Member Bllo. The Mayor declared the motion carried. Council Member Fitzpatrick expressed appreciation for the concerned citizens who attended the court sess i on against the Gothic Theatre last Thursday. May 17, 1982 Page 12 • • Council Member Bradshaw complimented staff on the opening ceremonies at Orchard Place over the weekend • • • • COUNCIL MEMBER NEAL MOVED TO CONGRADULATE CITY ATTORNEY AND ASSISTANT CITY ATTORNEY TO INDICATE TO THEM COUNCIL'S APPRE- CIATION FOR THE TREMEll [lO II S AHO ,lNT OF WORK THAT HAS GONE INTO ALL THE ORDINANCES THAT ARE NO~ BE1NG TESTED IN COURT. Council Member Hlgday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Hlgday, Neal, Fitzpatrick, Weist, Bradshaw, Otis. None. Counc i l Member Bilo. The Mayor declared the motion carried. City Attorney DeWitt thanked Council for the support • • • Council Member Fitzpatrick sug gested sending out letters of appreciation for support to those cit i zens who attended the court session. Mayor Ot i s concurred and asked staff to have letters prepared for his signature and Council Member Fitzpatrick's signa- ture. • No further business was discus ~e d. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 8 :50 p.m.