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HomeMy WebLinkAbout1981-02-02 (Regular) Meeting MinutesCOURCIL CKAMIERS CITY OF ERGLEWOD, COLORADO February 2, 1981 lb REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular ee1eion on February 2, 1981 ·, at 7:30 p.m. Mayor Otia, preaiding, called the meeting to order. The invocati.on vae given by Reverend Stanley Fixter ·, Englewood United Methodi1t Church, 3885 South Broadway. The pledge of allegiance vaa led by Girl Scout Troop #213. Mayor Otis aaked for roll call. Upon a call of the roll, the following were preaent: Council Member• Hifda7, Real, Fitzpatrick, Keena, Bilo, Bradahav, Ot •· Abaent: Rone. The Mayor declared the llOtion carried. * * * * * * Aleo present were: Aaai1tant City Manager Wanush CitJ Attorney DeWitt Municipal Court Judge Parkinson Director of Co11111Unity Development Powers Director of Public Works Waggoner Director of Utilities Fonda Deputy City Clerk Johannisson Leputy City Clerk Watkins * * * * * * Council Member Fitzpatrick noted corrections to the minutes of the regular meeting of January 19, 1981, as follows: •) b) Page 4, 1ixth paragraph, second line, the word "time" was omitted. Page 27, fifth para1raph, second line, the word "ex- pensive" 1hould be expense". COUNCIL MEMBER DENA !l>VED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JARUARY 19, 1981, AS AMENDED. Council I I February 2, 1981 Page 2 Member Bradshaw seconded the motion. Upon a call of the ro11 ·, the vote resulted aa follow•: Ayes: Council Members Hi~day, Neal, Keena, Bilo, Brads aw, Otis. Fitzpatrick', Nays: Hone. The Mayor declared the motion carried. * * * * * * Pre-scheduled viaitor, William R. Young, 701 Sioma Build- ing, Denver, Colorado, 80202, vaa preaent and spoke on the proposed amendment that would make the ainicipal judge an appointed position. Mr. Young stated he vaa a llellber of the Charter convention, former llllnicipal court judge for the Cit7 of Englewood, former member of the House of Repreaentativea fro• Arapahoe County, and practicing attorney. Mr. Youna atated he believed the judicial function of government ahould be ••parate frOll legialative and executive. Mr. Young stated this vaa why he encouraged the Charter Comnission to structure the Charter ao that the judge would be responsible only to the people. Attorn•1• will want to be assured that . the llllnicipal judge will diapenae juatice without "fear of favor". Citizens come in contact with juatice in the lower courts of the state more than any other court and if a citizen does not feel that a judge can not judf• hi• ca•• fairly, he loaea all respect for the judicial system n particular and government generally. Mr. Young stated he had a whole file of what happened to him as magistrate when preaaure waa brought on the Council because of some decision made back in 1955. Pre-acheduled viaitor Doug Jones, 3130 South Huron, ap- peared before Council. Mr. Jones stated was appearing on behalf of the Arapahoe County Bar Aaaociation on the proposed Charter amendment regarding the appointment of a llllnicipal court judge position. Mr. Jones poaad a hypothetical situation wherein the outcome of a judge'• decision if unfavorable toward a citizen who has an unpopular cauae could take on the appearance of im- propriety if the juda• happened to be appointea by Council. Mr. Jones stated the separation of powers aaaista the citizen who might appear before the judge with an unpopular cause; assists the judge by allowing him or her to do the job; and takes Coun- cil out of the political arena. Mr. Jones recomnended on be- half of the Arapahoe Bar Aaaociation that Council not pass the ordinance and instead hold a Charter Convention. Mayor Otis aaked Mr. Jone• if he had presented this aame argument to other municipalities in Arapahoe County who have appointed judges. February 2, 1981 Page 3 Mr. Jones stated to hie knowledge the Arapahoe Bar Associ- ation had not contacted each 1111nicipality to recommend electing their judge instead of appointing one. Council Member Bradshaw asked Mr. Jones what he thought of a Nominating Commission. Mr. Jone• stated he thought the Bar Association would be in favor of a Nominating co .. iaaion and would recommend a Charter amendment to do this. Mr. Jones atated the experience on the state level is that the judge runs on a retention/non-retention basis. The people vote whether or he baa a good job or not. Council Member Rigday atated when Mr. Young was in- volved in writing the Charter, it vaa not possible to think of everything to correapond to the changing of times. Mr. Higday stated a situation baa evolved to where the subject portion of the Charter does not work becauae the court is not being adminis- tered properly, puta the burden of financial responsibility of running the court on the preaent judge and, puts the City's employees in an inequitable position. Mr. Higday stated the appointment method must have some appropriateness if so many cities in the state do it. Council Member Neal stated the "sitting" judge looking at re-election a month or two months down the road if he should have another case with what appears to be an unpopular cause would have more political presaure than he would have buffered by a honest Council. Pre-scheduled visitor John Torbett, president of the Colorado Municipal Judges Association and present municipal judge for the City of Fountain, 116 Main Street, Fountain, Colorado, appeared before Council. Mr. Torbett stated he had been a municipal judge for the last nine years and was appointed by the Council. Mr. Torbett stated the Association has been observing the elective process in the City of Englewood to see if it func- tions. Mr. Torbett stated consideration should be given to how the ordinance change would affect citizens beyond the city limits and to keep in mind the system of justice that they would like to have judge them should they go to another town and have the ex- perience of being in that town's municipal court. I I Council Member Keena asked if the Colorado Judges Associ- ation has observed whether or not justice is being handled differently in elected positions veraua appointed positions. February 2, 1981 Page 4 Mr. Torbett atated the Thornton case concerned the judges very much. Mr. Torbett atated there baa been no trend of justice or injuatice in appointed poaitiona. In reaponae to Council Member Neal'• question, Mr. Torbett stated hie position doe• not have the specific right to hire and fire; however, he would have aiplificant input in that way. Mr. Torbett atated some of hi• peera performed actiliniatrative functions. Council Melllb•r lilo aaked Mr. Torbett if the judges association advocated either appointment or election of judges. Mr. Torbett atated the aaaociation has taken no position on the issue at this time. * * * * * * Mayor Otia aaked if there were any other visitors wish- ing to speak on any matter. ~athy luach, League of Women Voters of Arapahoe County, appeared before Council. Ma. Busch spoke on the proposed amend- ment concerning aunicipal judfe selection. Ma. Busch stated the League supported the non-part san selection of judges on an· ap- pointive/election basis. Ma. Busch stated the ideal situation would be a conaission to recomnend candidates to Council for ap- pointment and a vote from the citizens to determine whether or not the judge would be retained at the end of a set term. * * * * * * Oliver Giseburt, 3171 South High, appeared before Coun- cil and spoke on the propoaed amendment of 1111nicipal judge selection. Mr. Giseburt stated the question should not be put on the ballot without first holding a Charter Convention. Mr. Giseburt stated all the proposed amendments should be withheld until there was a Charter Convention to get citizen input for all of them~ * * * * * * There were no other viaitore at this time. * * * * * * COUNCIL MEMBER BRADSHAW tl>VED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE OM FINAL READING AMENDING CHAPTER 22 CON- STITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLE- WOOD, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY PROVIDING February 2, 1981 Page 5 FOR BICYCLE AND PEDESTRIAN FACILITIES. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Ne a l, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Aaeietant Director of Co1111a1nity Development, Dorothy Romana, appeared before Council and presented the ordinance. Ms. Romans stated notice of the hearinf was published in the Engle- wood Sentinel. She stated the ord nance was being presented because it was a goal of the Comprehensive Plan to address al- ternate modes of transportation and since the State of Colorado has been given until 1982 to clean up its air, the City of Engle- wood has decided to support the state plan. Ma. Romans then dis- cussed the amendments that would provide bicycle and pedestrian facilities. There waa no one to speak in favor of the ordinance nor was there any one who wished to speak against it. COUNCIL MEMBER ICEEHA !«>VED TO CLOSE THE PUBLIC HEARING. Council Member Higday aeconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 19 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLE\«>OD, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY PROVIDING FOR BICYCLE AND PEDES- TRIAN FACILITIES. COUNCIL MEMBER BRADSHAW l«>VED TO PASS COUNCIL BILL NO. 2, SERIES OF 1981, ON FINAL READING. Council Member Neal February 2, 1981 Page 6 seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Maya: Council Member• Higday, Neal, Fitzpatrick', Keena, Bilo, Bradaliaw, Otis. None. The Mayor declared the motion carried. * * * * * * "Communication• -Ro Action Recouaended" on the agenda (a) Minute• of the Denver Regional Council of Govern .. nta meeting of November 19, 1980. (b) Minute• of the Planning and Zoning Couaission meeting of December 2, 1980. (c) Minute• of the loard of Career Service Com- •iaaionera meeting of December 19, 1980. (d) Minutes of the Public Library Board meeting of January 13, 1981. (e) Minute• of the Downtown Development Authority .. •ting of January 14, 1981. (f) Minutes of the Parke and Recreation Co11111ission meeting of January 24, 1981. COUNCIL MEMBER KEENA MOVED TO ACCEPT "CO!MUNiCATIONS - NO ACTION RECOMMENDED" SA -SF. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * February 2, 1981 Page 7 Deputy City Clerk Johannisson presented a Council ColllDUni- cation from the Director of Finance concerning the animal shelter agreement with the City of Littleton. In reaponee to Council Member Higday'a question, Mr. Johannisson stated the agreements with other surrounding entities concerning the animal ehelter would be forthcoming. COUBCIL tEMIER HIGDAY ll>VED TO APPROVE AMENDMENT NO. 2 ·, TO THE ANIMAL SHELTER AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF LI'lTLETOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayee: llaya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradehaw, Otis. llone. The Mayor declared the motion carried. Council Member Higday requeeted that when the other agreements come in, Council review them in a study session prior to a Council meeting. * * * * * * Aeaiatant City Manager Wanuah presented a Council ColllDUni- cation from the Director of Co11111Unity Development concerning a travel request for the Aaaiatant Director of Coaaunity Development, Frances Buck Jonas, to attend the Rational Association of Housing and Re- development Officials, aa Regional Representative. Mr. Wanush stated the Englewood Houaing Authority would pay for the trip and approved the travel request at their January 28, 1981 meeting. COUBCIL MEMBER BILO ll>VED TO APPROVE A TRAVEL REQUEST FOR FRANCES BUClt JORAS TO ATTEND THE NATIONAL LEGISLATIVE CON- FERENCE AND BOARD OF CIEDERTIALLillG TRUSTEES MEETillG OF THE NA- TIONAL ASSOCIATIOll or HOUSIRG AND llDEVELOPMERT OFFICIALS (NAHRO) TO BE HELD IN WASHINGTOI, D.C., l'EIRUARY 6 -10, 1981. Council Member Bradshaw eeconded the motion. Upon a call of the roll, the vote resulted a• follow•: Ayes: Nays: Council Member• Hiaday, Neal, Fitzpatrick·, Keena, Bilo, Bradahaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * I I February 2, 1981 Page 8 Aaaiatant City Manager Wanuah preaented a Council ColllDUni- cation from the Planning and Zoning Comaiaaion concerning the com- mission's reco ... ndationa on propoaed amendments of the Comprehen- sive Zoning Ordinance, Section 22.4-10, 22.4-11, 22.4-13, 22.4-14 and 22.6 following their meeting on January 27, 1981. COURCIL MIMIBI fiTZPATIICK ll>VBD TO IECBIVE THE COIMUNI- CATIOlf ROM TD PLAl1fl1'C Alfi> ZOlfl1'C OOllMISSIOR. Council Member lilo aeconded the motion. Upon a call of the roll, the vote re- sulted aa follows: Ayea: Raya: Council Mellbera Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1981 * * * * * * IY AUTHORITY COURCIL IILL NO. 23 INTRODUCED BY COUNCIL PERSON NEAL AN ORDINANCE APPIOVIHG A RIGHT-OF-WAY AGIEEMEHT BETWEEN FARRAGO N.V. (GIWn'Oll) ARD THE CITY or DGLIWOOD (CITY) AUTHORIZING THE EXECUTIOR ARD DELIVERY or CERTAIN 1lBAL PIOPERTY AS DESCRIBED HEREIN AND ACCEPTING A 20-POOT UTILITY EASEMDT. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 23, SERIES OF 1981, OR FINAL READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Raya: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. OIDINAICE NO. __ _ SERIES OF 1981 * * * * * * BY AUTHORITY COUICIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER HIGDAY February 2, 1981 Page 9 A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: TO PROVIDE FOR THE APPOINT- MENT OF MUNICIPAL COURT JUDGE BY REPEALING ARD ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, or THE HOM! RULE CHARTER. COUNCIL MEMBER HIGDAY K>VED TO TABLE COUNCIL BILL NO. 17, SERIES OF 1981. Council Member Bradahaw seconded the motion. Upon a call of the roll, the vote reaulted as follows: Ayes: Raya: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 24 I1'TIODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLE~D, COLORADO, AT A SPECIAL MEETING TO BE HELD ON MARCH 24, 1981, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLE~D, AS FOLLOWS: TO CLARIFY DUTIES OF MUNICIPAL COURT JUDGE BY REPEALING AND ADOPTING NEW SECTION 70 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 24, SERIES OF 1981, ON FIRST READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * February 2, 1981 Page 10 ORDINANCE NO. SERIES OF 1981 BY AtmlORITY A BILL fOll COUICIL BILL NO. 25 IBTRODUCED BY COUNCIL MEMIEll ICEBRA AR ORDINANCE APPROVING AH ACUIMllft' llTWllR TRI CITY OF ENGLEWOOD AND STATE OF COLORADO, DIPArnmn' OF NATUIAL IESOUllCBS, (COLORADO WATER CONSERVATION BOARD) TO PUPAU A FIASIBILITY llPORT FOR AL- TEIRATIVES TO URI01' AVDIUE DIVEUIOR ARD PUMP STATIOR. COUNCIL MEMBER UIMA K>VED TO PASS COUNCIL BILL NO. 2 5 ', SERIES OF 1981, OR fillST UADIMG. Council Mellber Fitzpatrick sec- onded the motion. Upon a call of th• ~oll, the vote resulted as followa: Ayea: Raya: Council Mellbera Hi1da7, Real, Fitzpatrick, Keena, lilo, lrada~av, Otia. None. The Mayor declared the 110tion carried. * * * * * * Mayor Otia declared a receaa at 8:55 p.m. Council re- convened at 9:15 p.m. Mayor Otia aaked for roll call. Upon a call of the roll, the following were preaent: Council Melllbera Hifday, Neal, Fitzpatrick, Keena, Bilo, lradahav, Ot •· Abaent: None. The Mayor declared a quorUll preaent. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AtmlOllITY A BILL POil COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER NEAL AR ORDINANCE APPROVING AN AGREEMIMT BETWEEN THE CITY OF ENGLEWOOD AND MISSION VIE.JO WATER AND SANITATION DISTRicr GRANTING AN EASE- February 2, 1981 Page 11 MENT ACROSS CITY OF ENGLEWOOD REAL PROPERTY LOCATED IN DOUGLAS COUNTY, STATE OF COLORADO. Director of Utilities Fonda appeared before Council ·, described where the service lines would croaa the property, and discussed the terms of the agreement. In response to Council Member Higday'• question, Mr. Fonda stated the Water and Sewer Board had not aeen the aareement because there wae an inmediate need on Mission'• part to start conatruction. Mr. Fonda stated any future nefotiationa with Mission Viejo on this matter would be taken up w th the Water and Sewer Board. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 26 ·, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, ~eena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 18 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 18 INTRODUCED BY OOUNCIL MEMBER BRADSHAW AN ORDINANCE SUBMITTING TO A VOTE or THE QUALIFIED ELEcrORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PROPOSED AMERDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: CURRENT ARTICLE XV CONCERNING ENGLE\IK)()D EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM A<:r -1972 IS REPEALED AND ADOPTED IN PLACE THEREOF IS ENGLEWOOD LABOR RE- LATIONS AND CAREER SERVICE SYSTEM -1981. COUNCIL MEMBER BRADHSAW ll>VED TO PASS COUNCIL BILL NO. 18, SERIES OF 1981, ON FINAL READING. Council Member Higday seconded the motion. COUNCIL MEMBER BRADSHAW ll>VED TO AMEND THE K>TION BY INSERTING "GRIEVANCE APPEALS" ON PACI 19, SE<:rION 138:4 (j) AFTER DISCIPLINARY APPEALS. Council Member Rigday seconded the motion. Upon a call of the roll, the vote reaulted •• follows: February 2, 1981 Page 12 Ayes: Nays: Council Mellbers Rigday, Real, Fitzpatrick·, Keena, Bilo, Brad•haw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt tranaaitted the time schedule for Industrial Development Revenue Bond i••ue (Hemlock Company pro- ject). * * * * * * City Attorney DeWitt presented the license referred to in Council Bill lo. 26, Serie• of 1981, with Mission Viejo Water and Sanitation District. Mr. DeWitt reco111Dended strik- ing the words following ''Exhibit A" in Item No. 3 and insert- ing in the palce thereof "as provided in Council Bill No. 26"; and striking all of Item Ro. 5. COUNCIL MIMIER DENA tl>VED TO APPROVE THE LICENSE AS AMENDED. Council Member Fitzpatrick seconded th~ !!!Oticn. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member• Rigday, Real, Fitzpatrick, Keena, Bilo, lrad•hav, Oti•. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt informed Council that the water tower case would be heard February 10, 1981, at 2:00 p.m. and he would notify them of the result•· * * * * * * February 2, 1981 Page 13 ORDINANCE NO. SERIES OF 1981 IY AU'nlO&ITY A BILL FOR COURCIL BILL NO. 27 IHTKODUCED BY COUNCIL MEMBER ICEENA AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALifiED ELECOORS OF THE CITY OF ENGLEWOD, COLORADO, AT A SPECIAL ELECTION TO BE HELD ON MARCH 24, 1981, PIOPOSED AMDDMEHT TO THE CHARTER OF THE CITY OF ENGL!ti«>OD, AS POLLOWS: TO PIOVIDE POR THE APPOINTMENT OF MUNICIPAL COURT JUDGE ARD caBATIRG A llJRICIPAL COURT NOMINATING COMMISSION BY REPEALING ARD ADOPTING NEW SECTION 68 OF PART II, ARTICLE IX, OF THE HOME RULE CHARTER. COURCIL MEMBER DDA tl>VID TO PASS COURCIL BILL NO. 27, SERIES OF 1981, OR fiRST RIADING. Council Member Bradshaw seconded the motion. COUNCIL MEMBER DD.A K>VED TO AMERO THE K>TION BY llEK>VING THE WRDS ''ROT LISS THAR" IN THE FIRST PAIAGIAPH OF SECTION 68 ON PAGE 2 ARD OR PACI 3, SO THAT THE TERM WOULD READ "FOR A TERM OF TWO YEARS". Council Member Bradshaw seconded the motion. Council diacuaaed whether or not to include provisions that would define "removal of a judge for cause". City Attorney DeWitt stated certain guidelines could be established; however, state statutes provide removal "for cause" as well as case law. Mr. DeWitt pointed out there automatic review built into the proposed charter amendment under the ''Method of Appointment" paragraph wherein the Nominating Comaittee would have to provide a list of two or three nominees even at the conclusion of the term. Furthe1· diecuaaion enaued regarding the meritorious review process. Mayor Otis declared a rec••• at 9:50 p.m. Council re- convened at 10:05 p.m. Mayor Otia aaked for a roll call. Upon a call of the roll, the following were present: Council Member• Hifday, Real, Fitzpatrick, Keena, Bilo, Bradahaw, Ot •· February 2, 1981 Page 14 Absent: Rone. The Mayor declared a quorum preaent. Council Mellber Real apoke aaainat the amendment on the appointment of two yeara. Mr. Real atated there waa aomething to be aaid allowing the flexibilitJ for Council to appoint for more than two yeara. Council Member Keena atated the a11endllent means there would be a meritorioua review every two yeara. Upon a call of the roll, the vote on the amendment resulted as follow•: Ayes: Maya: Council Mellbera Hifday, Fitzpatrick, Keena, lilo, lradahaw, Ot •· Council Member leal. The Mayor declared the motion carried. COURCIL tmMIER DDA tl>VID TO AMlllD THE K>TION BY awfG- I NG THE LAST SENTERCE IM 'nlE 1'0UITH PARAOIAPR OP SECfIOR 68 OR PAGES 2 AND 3 TO READ AS 1'0LLOWS : ''THE LIST SHALL BE SUBMITTED BY THE NOMINATING <X>tMISSIOI ROT LATlll THAI THIRTY (30) DAYS AFTER THE DEATH, RETIREMEMT, TZRDll OF llSIGRATIOll, OR Utl>VAL OF THE MUNICIPAL COURT JUDGE"; ARD ADDING A nw PIITR PARAGRAPH POR RE- APPOINTMENT AS FOLLOWS: ''THE l«JMICIPAL COURT NOMINATING COMMISSION SHALL MAKE A MERIT REVIEW or THI llJRICIPAL <X>URT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO 111! <X>BCLUSIOR OF THE TERM AND SUBMIT THE FINDINGS THEREOF TO THE CITY <X>URCIL. COUNCIL SHALL THEN VOTE WHETHER TO IETAIR THE llJRICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE llJRICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACART AT 111E CORCLUSIOR OF THE TERM OF OFFICE." Council Member Bradahaw seconded the motion. Upon a call of the roll, the vote on the amendment reaulted aa follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Brad1haw, Otis. None. The Mayor declared the motion carried. COURCIL MEMBER UERA K>VED TO AMEND THE K>TION TO CHANGE THE TITLE OF THE LAST PARAGRAPH TO READ ''MUNICIPAL COURT NOMINATING COMMISSION:". Council Member Higday 1aconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: February 2, 1981 Page 15 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, lilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. COUNCIL MEMIER IILO tl>VED TO AMERO THE K>TION BY CHANG- ING SECTION 68 ON PAGES 2 ARD 3, SECORD SENTENCE TO READ AS FOL- LOWS: ''THE MUNICIPAL courr JUDGE SHALL IE APPOINTED BY COUNCIL FOR A TERM OF TW YEARS ARD MAY IE REtl>VED BY COUNCIL FOR CAUSE BY NOT LESS THAR SIX CORCUUIRG VOTES". Council Member Neal seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follow•: · Ayea: Nays: Council Member• Neal, Bilo. Council Member• Higday, Fitzpatrick, Keena, lradahav, Otis. The Mayor declared the motion defeated. COURCIL MEMIER fiTZPATRICK t«>VED TO AMEND THE K>TION BY CHANGING THE SECORD SElrDCE II THE nasT PARAGRAPH OF SECTION 68 TO READ: ''THE JilJNICIPAL COURT JUDGE ••• MAY BE REll>VED BY FIVE CONCURRING VOTES OF COUMCIL". Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the amendment re- sulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Bilo. Council Members Higday, Keena, Bradshaw, Otis. The Mayor declared the motion defeated. COUNCIL MEMBER HEAL tl>VED TO AMEND THE ll>TION BY CHANG- ING THE SECOND SENTERCE IN THE nasT PARAGRAPH OF SECTION 68 TO READ: ''THE KJNICIPAL COURT JUDGE ••• MAY BE REK>VED BY FOUR CON- CURRING VOTES". Council Member Higday seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal,· Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. February 2, 1981 Page 16 City Attorney DeWitt read back the proposed amendment inclusive of the change• made by Council as: "68: · ESTABLISHIERT THERE IS HEREBY ESTABLISHED A tlJRICIPAL COURT VESTED WITH EXCLUSIVE JURISDIC?IOlf OVBI ALL CAUSIS AllISIRO URDE& THE CHARTER ARD ORDINANCES or TRI CITY. TRI llJlllCIPAL COURT JUDGE SHALL BE APPOINTED BY COURCIL POI A TllM or TYO YEAllS ARD MAY BE REK>VED BY COUNCIL FOR CAUSE BY FOUR CORCUBllIRG VOTES. IP, IN '111E DISCUTIOll or COURCIL, ll)IE THAR ONE JUDGE IS NECESSARY, ORE OR tl>RE ADDITIORAL JUDGES MAY BE APPOINTED. CO*ENCIHG JAIUAllY 1, 1912, ARD THEREAFTER, ALL llJNICIPAL COURT JUDGES SHALL BE APPOilft'ID. UPOR PASSAGE OF THIS CHARTER AMENDMENT, ELECTI01' OF llJlfICIPAL .JUDQIS SHALL ROT THEREAFTER TAU PLACE. THE UNEXPIRED TllM OF A1'Y ELIC?ED tlJRICIPAL JUDGE SHALL NOT HEREBY BE AFl'EC?ED. METHOD OF APPOIHTMDT: A1'Y VACARCY IN THE llJHICIPAL COURT SHALL BE FILLED BY APPOIRTMl1'T OF THE CITY <X>UNCIL, FROM A LIST OF TWO OR THllE ROMIHl!S FOR THE llJNICIPAL COURT, SUCH LIST TO BE CERTIFIED 1'0 THE CITY <X>URCIL BY THE MUNICIPAL COURT NOMINATING COMMISSION FOR ARY VACARCY. THE LIST SHALL BE SUB- MITTED BY THE NOMINATING COtlCISSIOR ROT LATER THAR THIRTY (30) DAYS AFTER THE DEATH, UTIU•RT, Tl!RDER OP RESIGNATION, OR REK>VAL OF THE KJNICIPAL COURT .JUDGE. METHOD OF RE-APPOIHTMDT: THE llJNICIPAL COURT NOMINATING COMMISSION SHALL ~ A MERIT REVIEW OP THE MUNICIPAL COURT JUDGE'S TERM OF OFFICE AT LEAST SIXTY DAYS PRIOR TO THE CONCLUSION OF THE TERM ARD SUBMIT THE FINDINGS THEREOF TO THE CITY COUNCIL. COURCIL SHALL THEM VOTE WHETHER TO RETAIN THE KJNICIPAL COURT JUDGE. SHOULD THE VOTE BE NOT TO RETAIN THE KJNICIPAL COURT JUDGE, THE OFFICE SHALL BE CONSIDERED VACANT AT THE COMCLUSIOR OF THE TERM OF OFFICE. MUNICIPAL COURT MOMIMATIRG COll«SSIOM: THE PURPOSE OF THE MUNICIPAL COURT MOMIMATIRG COll«SSIOI SHALL BE TO FIND THE K>ST QUALIFIED PERSONS FOR THE POSITIOIC OF MUNICIPAL COURT JUDGE IN THE CITY OF ENGLEWOD llJNICIPAL COURT. THE COUNCIL SHALL APPOINT ONE OF ITS MEMBERS, ORE ATTOIREY PRACTICING LAW IN THE CITY OF ENGLEWOD, AND THREE ELECl'ORS OF THE CITY TO THE MUNICIPAL COURT NOMINATING COtMISSION. MEMBERS OF THE llJNICIPAL COURT NOMINATING COMMISSION SHALL SERVE TERMS AS POLLOWS: COURCIL PERSONS SHALL SERVE DURING '111EII TDUll, ORE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1982, OIE MEMBER SHALL SERVE UNTIL DECEMBER 31, 1983, ARD TW MEMBERS SHALL SERVE URTIL DECEMBER 31, 1984. THEREAFTER ·, February 2, 1981 Page 17 EACH MEMBER APPOINTED SHALL SIRVE URTIL THE 31ST OF DECEMBER OF THE FOURTH YEAR FOLLOWING THE DATE or APPOIHTMERT." COUNCIL MEMBER DERA tl>VED TO AMDD THE !l>TIOM IN THAT THE PROPOSED CHARTER awtGE UAD AS CITY ATTOIMEY DEWITT READ IN THE FOREGOING AND THAT IT APPEAR OR PAGES 2 AND 3 OF COUNCIL BILL NO. 27. Council Member Brad1haw 1econded the motion. Upon a call of the roll the vote on the amendment resulted as follows: Ayes: Nays: Council Mellbera Higday, Neal, Fitzpatrick, Keena, Bilo, Brad1haw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted aa followa: ·Ayes: Nays: Council Mellbera Higday, Real, Fitzpatrick, ~eena, Bilo, Brad1haw, Otis. Rone. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanuah presented the Six-Quarter Budget -January 1981 through June, 1982, and a resolution adopt- ing same. RESOLUTION NO. 6, SERIES OF 1981 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW l«>VED TO PASS RESOLUTION NO. 6 ·, SERIES OF 1981. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * February 2, 1981 Page 18 Assistant City Manaaer Wanuah presented a Council Com- munication concerning the City Employee Training Programs -1981. Council asked for inveatiaation into informal programs especially police that would aid in differentiating lifestyles of career and family and progra .. that would encourage people to remain with ~he e11plo711ent of the City and aee the investment thereof. COUNCIL MEMBER BILO IC>VID 10 APPROVE THE CITY EMPLOYEE TRAINING PIOG~ -1981. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote ra1ulted aa follows: Ayea: Raya: Council Melllbera Bigday, Real, Fitzpatrick, Keena, Bilo, Brad1hav, Oti1. Rone. The Mayor declared the llOtion carried. * * * * * .• COUNCIL MIMIEI BIADIHAW ll>VID 10 MAU THE FOLLOWING APPOINTMENTS TO BOARDS ARD COMMISSIORS: PLARICING & ZOII1'0 OOMMISSIOI: 1) DOYIT MDU, UAPPOIRTMINT TO FOUR-YEAR TERM EX- PIRING PIBIUA&Y 1, 1915 2) EDDIE TAltCUMA, UAPPOIMTMENT TO POUR-YEAR TERM EX- PIRI1'G PIBIUA&Y 1, 1985 CAREER SERVICE IOA&Ds 1) .:>BIRT BIUICDAOE , UAPPOINTMENT TO POUR-YEAR TERM EXPIRING MARCH 1, 1985 BOARD OF ADJUSTMllT & APPEALS 1) VIRGINIA DAWS01', REAPPOINTMENT TO FOUR-YEAR TERM EXPIRING FEBRUARY 1, 1985 PUBLIC LIBRARY IOAIDs 1) JERRY VALDES, APPOIRTMIHT TO FOUR-YEAR TERM EXPIR- ING FEBRUARY 1, 1985 Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brad1haw, Otis. February 2, 1981 Page 19 Nays: None. The Mayor declared the motion carried. Council noted that JillllJ Curnea who was on the eligibility list has chosen not to serve on the Planning & Zoning Conmission. Mayor Otia noted there still were several vacancies on the Boards and CoDDi•aiona and in•tructed the City Manager's office to publish ads soliciting interested citizens to apply. * * * * * COUNCIL MEMBER HIGDAY tl>VED TO ACCEPT THE RESIGNATION OF MARTEN LATHROP FROM THE MOR-EMIRGIMCY EMPLOYEES RETIREMENT BOARD. Council Member lteena seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Higday, Meal, Fitzpatrick, Keena, lilo, lrad•haw, Otis. Mone. The Mayor declared the motion carried. Mayor Otis stated a letter of appreciation of service would be sent to Mr. Lathrop. * * * * * Council Member Higday prefaced hie motion by coumenting on the member attendance records for Boards and Coumissions and noted that the record reflected that Mr. Don Williama of the Plan- ning and Zoning Co11111ission was not attending regularly as was re- quired. Mr. Higday noted Mr. Williama'• attendance was sporadic and without excuse. COUNCIL MEMBER HIGDAY K>VED TO CALL FOR THE TERMINIATION OF DON WILLIAMS FROM nlE PLARRING & ZONING CO*ISSION. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * I February 2, 1981 Page 20 COUNCIL MEMBER llADSHAW K>VED TO llEK>VE COUNCIL BILL NO. 17, SERIES or 1981, PROM TAIL!. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Ray1: Council Mellbera Higday, Neal, Fitzpatrick, Keena, lilo, lrad1haw, Otie. Rone. The Mayor declared the motion carried. ORDINANCE NO. SERIES or 1981 IY AtmlORITY A IILL POI COUNCIL BILL NO. 17 IHTRODUCED BY COUNCIL MEMBER HIGDAY AR ORDIRANCE SUIMI'nIRG 10 A VOTI or THE QUALIFIED ELECTORS OF THE CITY or ERCLBWOOD, COLOIADO, AT A SPECIAL ELECTION TO BE BILD OR MilCH 24, 1981, P_,POllD AMlllDMllft' TO THE CHARTER OF THE CITY or ENGLEWOOD, AS IOLLOWS: 10 PROVIDE POR THE APPOINT- MENT OF HUMICIPAL COURT JUDO! IY UPIALIRG AND ADOPTING NEW SECTION 68 OF PART II, AITICLI IX, or THE HOME RULE CHARTER. COUNCIL MEMBER HIGDAY !l>VED TO PASS COUNCIL BILL NO. 17, SERIES OF 1981, OR filAL HADING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the llOtion defeated. * * * * * * Council Member Bradshaw instructed the City Attorney to prepare an ordinance that would repeal Ordinance No. 16, Series of 1980, regarding the administration of the Municipal Court. * * * * * * COUNCIL MEMBER HIGDAY tl>VED TO ADJOURN. February 2, 1981 Page 21 Mayor Otis adjourned the meeting without a vote at 10:55 p.m. puty ty er . •'