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HomeMy WebLinkAbout1981-03-16 (Regular) Meeting MinutesREGULAR MEETING: COURCIL CHAMBERS CITY OF ERGLEWOOD, COLORADO March 16, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 16, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation waa given by Reverend Adrian House, First Christian Church, 3190 South Grant Street. 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: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Aleo present were: City Manager Mccown Aaaiatant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COURCIL MEMBER BRADSHAW !l>VED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF MARCH 9, 1981. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradafiaw, Otis. None. The Mayor declared the motion carried. * * * * * * March 16, 1981 Page 2 COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE PRO- CLAMATIOM DECLARIMG THE WEEK OF MARCH 15 THROUGH MARCH 22, 1981, AS "DEK>LAY WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted ae follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Members of DeMolay appeared before Council for the presentation. Mayor Otia read the proclamation and presented it to Matt Buechner, Chairman of DeMolay Week. * * * * * * There were no other pre-acheduled visitors. * * * * * * Mayor Otis aaked if there were other visitors in the audience wishing to apeak to Council. Daniel Herbold, 4520 South Lipan, appeared before Council. Mr. Herbold inquired about the following: 1. If the fire station waa going to be sold for under $20,000? Council answered it waa not even though an offer had been made for that amount. City Manager Mccown stated an appraiaal of the station was being made. 2. Why waa the fire truck that was to be renovated for the volunteer fire department still parked at the Servicenter? Council inatructed the City Manager to investigate and report back to Council and Mr. Herbold. 3. Wae it true that the Fire Chief had resigned? Council stated they had not received a letter of resigna- tion. March 16, 1981 Page 3 4. What waa the total price of the golf clubhouse going to be? Council replied it waa unknown at this point. Council Member Neal suggested that Mr. Herbold contact the City Manager'• office to review the architect's study and comnents on the clubhouse. Mayor Otis stated when more information waa available, it would be made public. 5. Hae Council conaidered implementing a "head tax" to generage revenue like the City of Denver? Council replied auch an idea has been turned over to the Revenue Resource Comnittee whose purpose is to study and recomnend ways to generate more revenue for the City. 6. Waa Council comnitted to giving money to downtown buaineaamen? Council Member Neal stated the Downtown Development Au- thority collects 5 mills within the downtown area; the funds of which are comnitted to administering and study- ing waya to promote economic development within the down- town area. The City baa invested aeed money in the down- town area to get some projects started that was part of an overall plan to increase the tax base, to keep sales tax revenue strong, and to avoid raising the mill levy which ultimately would benefit everyone in Englewood. 7. If the 7-11 Store at Tufts and Broadway was going to get a liquor license? Mayor Otis stated the Liquor License Authority would be handling the application if the store ha• applied for one. The Authority would hold a public hearing, notice of which would be published in the newspaper and posted at the site. Mr. Herbold asked what had been done on the report he made about minors buying beer. Ma. Bradshaw stated the police department was directed to step-up surveillance of the area. Mr. Herbold stated he knew of an incidence where a student went into a 7-11 Store and bought beer. March 16, 1981 Page 4 Council Member Higday advised Mr. Herbold to call the police iDIDediately if this happens because there was obviously nothing the Council could do after the fact. Mr. Herbold stated the liquor problem at Englewood High School was getting worse. Council Member Higday stated the problem was on the rise but probably did not have awhqle lot to do with 7-11. The students were getting the liquor from somewhere. Council Member Bilo asked that the matter be brought to the attention of Police Chief Holmes. Mr. Bilo stated he would also bring this matter to the attention of the Joint School-City CoDIDittee. 8. Why not put the golf clubhouse decision on the ballot at the upcoming Special Election? Council Member Higday stated the decision on the club- houae was inherent to the vote on whether or not to have a golf courae a few years ago. Since the results of the election favored a golf course, there had to be a clubhouae, the magnitude of which had yet to be de- termined. Mr. Herbold had no further questions. * * * * * * Jerry Montgomery, 4181 South Cherokee, appeared before Council. Mr. Montgomery stated he was a representative of the Englewood Student Council and was appearing to inform Council of what was being done about the drinking problem at the high school. Mr. Montgomery stated for the past three weeks the Student Coun- cil had run anti-drinking campaigns, and the school principal had held aaaemblie• and impoaed harsh penaltie• for violators. Mr. Montgomery reported the problem was under control at this time. Council thanked Mr. Montgomery for making the report. Council Member Higday auggeated that a letter be sent to the School Board co1111ending the Student Council and the school off i- ciala for their efforta. * * * * * * There were no other viaitora at this time. * * * * * * March 16, 1981 Page 5 "Conaunicationa -No Action Reconmended" on the agenda were: (a) (b) Minute• of the Board of Adjustment and Ap- peals meeting of February 11, 1981. Minutes of the Planning and Zoning CoDlllission meeting of February 17, 1981. (c) Memorandum from the City Manager concerning his attendance at the National League of Cities Conference in Washington, D.C. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Nays: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed a Council Conmunication from the City Clerk concerning a Massage Parlor Application for Soon Ye Scott, 2801 South Broadway. Mr. DeWitt stated the pro- cedure in this matter would be to: 1) establish a neighborhood for petitioning; 2) determine the firm to do the survey; and 3) set a public hearing date. Mr. DeWitt stated staff members were reconmending the neighborhood be eatabliahed at a six block radius, the firm chosen to do the survey be Oedipus, Inc. , and the public hearing date be aet aix to eight weeks from thia date. Tommy Drinkwine, attorney for the applicant, appeared before Council. Mr. Drinkwine was agreeable to the terms with the exception of setting the public hearing date six to eight weeks in the future. Mr. Drinkwine later agreed to the time period after it waa explained to him that it would take that long to conduct the eurvey and tally the reeulta. COUNCIL MEMBER KEENA K>VED TO SET THE NEIGHBORHOOD AT A SIX BLOCK RADIUS; TO USE OEDIPUS, INC. AS THE SURVEY FIRM; ARD TO SET THE PUBLIC HEARING FOR MAY 11, 1981, AT 7:00 P.M. FOR THE MASSAGE PARLOR APPLICATION. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted a• follow•: March 16, 1981 Page 6 Ayes: Nays: Counci 1 Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal stated he had no objections to using Oedipus, Inc., aa long aa the survey was not taken on a Sunday. * * * * * * City Attorney DeWitt presented a Council CoDIDUnication from the Library Advi1ory Board concerning Board Members' terms of office. Mr. DeWitt noted 8-1-1 of the Englewood Municipal Code provided staggering term., two of which to expire in any one year. Library Board Member, Bruce Hogue, 3844 South Grant 1, appeared before Council. Mr. Hogue stated he had researched the matter and aa far aa he could determine the imbalance of term appointment• took place a year ago. Mr. Hogue recomnended that board minutes reflect the outgoing and incoming members and their terma, and that hie term be shortened to remedy the inequity that now exists. Mayor Oti• recomnended that the City Manager and City Attorney research the minute• and report back to Council their finding•. COUNCIL MEMBER BILO K>VED TO TABLE THE MATTER UNTIL ll>U IRPORMATIOR WAS OBTAINED. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naye: Council Members Higday, Neal, Fitzpatrick•, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Comnunication from the Planning and Zoninf Comniaaion meeting of March 3, 1981 1, concerning the Bicycle Trai System. March 16, 1981 Page 7 Ed McBrayer, Jr., 2893 South Ogden, Vice Chairperson of the Planning and Zoning Comnission, appeared before Council. Mr. McBrayer discussed with Council the proposed system and the costs to implement it and to educate the public. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7(c), THE RESOLUTION CONCERNING AN ON-STREET BICYCLE TRAIL SYSTEM. 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. RESOLUTION NO. 13 SERIES OF 1981 A RESOLUTION ADOPTING AN ON-STREET BICYCLE TRAIL SYSTEM FOR THE CITY OF ENGLE\«>OD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 13 1, SERIES OF 1981. Council Member Bilo 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. Mr. Herbold stood up in the audience and asked for per- mission to ask a question concerning the bicycle trail system. COUNCIL MEMBER BRADSHAW MOVED TO SUSPEND THE RULES. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. Council Member Keena stated she voted nay because the above motion to suspend the rules would be setting a precedent for someone to speak outside the designated times. March 16, 1981 Page 8 Mr. Herbold asked if the bicycle trail system would reduce the number of parking spaces? Council stated it would not. * * * * * * Mayor Otis presented a Council Co--.anication from the Planning and Zoning Comnission providing further information for the National American Planning Aaaociation Conference in Boston on April 25 -29, 1981. The information waa provided at the request of Council Member Higday. The co .. iaaion was ask- ing for additional funds to send another co .. iaaioner with Mr. Tanguma to the conference. Council Member Higday stated he had aaked to see the conference agenda but what he really wanted waa to see the neces- sity of sending two comnissioners. Mr. Higday stated from the agenda he could not tell if two were necessary. Council Member Fitzpatrick stated sending two Planning and Zoning Comnissioners to a conference would be setting a pre- cedent for other City Boards and Comnissions. COUNCIL MEMBER BILO K>VED TO APPROVE AN ADDITIONAL PLANNING COMMISSIONER TO ATTEND THE AMERICAN PLANNING ASSOCIA- TION CONFERENCE IN BOSTON, MASSACHUSETS, ON APRIL 25 -29, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: None. Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 36 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING A MAINTENANCE CONTRACT BETWEEN THE CITY OF ENGLEWOD, COLORADO, AND THE STATE OF COLORADO, STATE DEPART- MERT OF HIGHWAYS, DIVISION OF HIGHWAYS, PROVIDING FOR MAINTENANCE OF A PORTION OF SOUTH BROADWAY IN THE CITY OF ENGLEWOOD. March 16, 1981 Page 9 COUNCIL MEMBER KEENA K>VED TO PASS COUNCIL BILL NO. 36 1, SERIES OF 1981, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Higday asked for an explanation as to why maintenance crews asphalted a part of Broadway that extended beyond the city limits. City Manager Mccown stated there was a small jog of road on Broadway that extended beyond the city limits and the City baa agreed to maintain this portion to keep the road in balance. In response to Council Member Neal's question, City Manager Mccown stated coat studies have been done and they show the contract fees adequately cover the costs of maintenance. 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. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD ARD THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM AND DECLARING AN EMERGENCY. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. March 16, 1981 Page 10 Nays: None. The Mayor declared the motion carri~d. * * * * * * RESOLUTIOR NO. 14 SERIES OF 1981 A RESOLUTION IN SYMPATHY WITH THE PEOPLE OF THE CITY OF ATLANTA', GEORGIA, WHO ARE SUFFERING THE LOSS OF TWENTY OF THEIR CHILDREN 1, AND SUPPORTING THEIR EFFORTS. COUNCIL MEMBER BILO K>VED TO PASS RESOLUTION NO. 14 1, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Higday stated he had had plans to ask for money to support the efforts in Atlanta until the federal government decided to spend money. Mr. Higday asked Council to keep hie idea in mind if money becomes short and the tragedy continues. Mr. Higday stated this problem was not Atlanta's alone but every city'• in the United States. Upon a call of the roll, the vote resulted as follows: Ayes: Haya: Council Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt transmitted for information pur- poaea the Stipulation of Dismissal and Order in the case of Parkinaon va the City Council. * * * * * * City Attorney DeWitt discussed the following items: 1. Concerning the report on the Bates Logan Park, he would anawer any queationa Council might have. Mr. DeWitt stated the City ha• an easement for City Ditch purposes and to expand the uae would be outside the original agreement. 2. In the caae of Colorado Springs, the hearing that vaa aet for March 9th on litigation regarding adult book stores March 16, 1981 Page 11 baa been continued to June 29th. Mr. DeWitt stated the case was ver7 important because it waa the same course in which Englewood would take in propoaing an ordinance. Mr. DeWitt stated at the I April 6th Council meeting, he would have a report concerning mas- sage parlor• including a proposed ordinance. He stated that before June, he would have a proposed comprehensive ordinance dealing with the zoning queation in this matter. 3. The asseaament deferral program should be available at the April 20th Council meeting. 4. Work vaa being done on the decriminalization of ju- venile offenaea, the target date being May 1. 5. The shoplifting ordinance might be available before May 1. 6. He was atudying the problem of bankruptcies and how they related to library loaaee the City vaa experiencing. 7. He aaked for further direction on gold and silver exchange from Council Member Bradshaw. Council Member Real initiated diacuaaion on the Bates- Logan Park matter. Mr. DeWitt stated the City had not abandoned the City Ditch in thia area. Then diacuaaion enaued regarding the Ditch. Council Member Real instructed the staff to in- form the involved property owners of their reaponaibilities as well aa the City'• right• and reaponaibilitiea ao there was some underatanding before the fact that the City baa certain rights to go into the Ditch, etc. Mr. DeWitt stated the City haa rights; and that it waa the practical exercise of the rights that Mr. Neal was addreaaing. Mr. DeWitt stated a notice of some aort to the property owner would be appropriate. Mr. Neal suggested sending a regiatered letter to each property owner. Mr. Neal also instructed staff to contact, on an in- formal basis, the involved property owner• and inquire if they would like to sell their property. * * * * * * March 16, 1981 Page 12 City Manager Mccown presented a Council Comnunication concerning a reco1111endation for award of construction of munici- pal golf course cart and pedestrian paths, and related facilities thereon. Mr. Mccown stated the reco1111endation was to award the contract to Duran Excavating for the total bid includinf alter- nate• in the amount of $89,308.20. Mr. Mccown stated $ 08,000.00 vae budgeted for the project. Mr. Mccown presented a map and dis- cueeed the plane. COUNCIL MEMBER KEENA KlVED TO AWARD THE CONSTRUCTION OF THE GOLF COURSE CARTS AND PEDESTRIAN PATHS TO DURAN EXCAVAT- IIG OP GREELEY IN THE AK>UHT OF $89,308.20. Council Member lradehav eeconded the motion. Upon a call of the roll, the vote reeulted ae follows: Ayes: Haya: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown requested approval of an out-of-state trip for Director of Parks and Recreation, Packy Romans, who has been elected to the National Parks and Recreation Board of Trustees. The trip would be to a Board Meeting in Oklahoma City, Oklahoma, in the Spring. COUNCIL MEMBER HEAL K>VED TO APPROVE THE TRIP FOR MR. IOMARS TO OD.AHOMA CITY, TO ATTEND THE NATIONAL PARKS AND RECREA- TION TRUSTEES MEETING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayee: Haya: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown requested a meeting with Council following adjournment of this meeting for the purpose of review- ing certain items one of which was a personnel matter requiring a cloeed session. Council agreed. * * * * * * March 16, 1981 Page 13 COUNCIL MEMBER ICEENA t«>VED TO SET A SPECIAL MEETING ON MARCH 30, 1981, FOLLOWING THE PUBLIC HEARING ON THAT DATE. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otia. None. The Mayor declared the motion carried. * * * * * * Council Member Keena queried Council Bill No. 37, hav- ing to do with the Housing Authority. Ma. Keena stated the point system used for General Priorities was "very low income" at 3 and "low income" at 3. She was curious ae to why these categories got the same points in terms of setting priorities. City Attorney DeWitt stated the points were accumu- lative. "Low income" would receive a 3 and "very low income" would receive 3 more. * * * * * * Council Member Bradshaw dedicated the new bookcases in the Council Chambers to Council Members Keena and Neal. * * * * * * Council Member Bradshaw told of the accident at Sinclair Jr. High School. Me. Bradshaw stated the condition of the student waa critical. Me. Bradshaw asked about the appropriateness of Coun- cil doing something in regard to this matter. Council Member Keena suggested discussing the matter after the meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY !l>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:00 p.m. ~~u/~ ePufi itY1erk