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HomeMy WebLinkAbout1981-04-20 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF EMGLEWOD, COLORADO April 20, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular eeeeion on April 20, 1981, at 7:30 p.m. Mayor Otie, preaiding, called the meeting to order. The invocation vaa fiven by Council Member Thomas Fitzpatrick. The pledge of a legiance wae led by Boy Scout Troop 192. Mayor Oti• aaked for roll call. Upon a call of the roll, the following ver~ preaent: Council Member• Higday, Real, Fitzpatrick, Keena ·, Bilo, Bradehav, Otie. Abeent: Rone. The Mayor declared a quorum present. * * * * * * Aleo preeent were: City Manager Mccown Aeeietant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BIADSHAW tl>VED TO APPROVE THE MINUTES OF THE REGULAR MEETIRG OF APRIL 6, 1981. Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted a• follow•: Ayee: Naye: Counci 1 Member• Higday, Meal, Fi tzpatrick 1 , Keena, Bilo, Brads&aw, Otis. Rone. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER DERA K>VED TO APPROVE A PROCLAMATION DECLARIRG THE WEEK OF APRIL 20 -26, 1981, AS "VICTIM RIGHTS WEEK". Council Member Bradehaw seconded the motion. Upon a call of the roll, the vote reeulted as follows: April 20, 1981 Page 2 Ayes: Nays: Counci 1 Members Higday, Neal, Fitzpatrick·, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis preaented the proclamation to Ms. Ann Mcintyre'• of the District Attorney'• office. Ma. Mcintyre stated there was a bill pending before the legialature which would establish a crime victim compensation fund. Ma. Mcintyre passed out buttons stating "Victims Are People" to each Council member to wear during the pro- claimed week. were: * * * * * * There were no other visitors at this time. * * * * * * "CoDlllUnicationa -Ro Action Recoumended" on the agenda (a) Minute• of the Board of Adjustment and Ap- peal• meeting of March 11, 1981. (b) Minute• of the Planning and Zoning Coumission meeting of March 17, 1981. (c) Minute• of the Denver Regional Council of Government• meeting of March 18, 1981. (d) Minute• of the Liquor License Authority meeting of March 18, 1981. (e) Minute• of the Downtown Development Authority meeting of April 8, 1981. COUNCIL MEMBER DERA !l>VED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOttmHDED" AGDDA ITEMS SA -SE • Counci 1 Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follow•: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brad1haw, Otis. None. The Mayor declared the motion carried. * * * * * * April 20, 1981 Page 3 Aaaiatant City Manager Richard Wanuah presented a Coun- cil Comnunication from the Planning and Zoning CoDlllission meeting of April 7, 1981, concerning a request to vacate the portion of a utility easement in the Centennial South Subdivision, which is located on the aoutheaat corner of West Union Avenue and South Decatur Street, for which there ia no public purpose. COURCIL MEMBER llADSHAW !l>VED TO DIRECT THE CITY AT- TORNEY TO PREPARE AR ORDllARCE APPROVING THE VACATION REQUEST. Council Member Keena aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Raya: Council Members Higday, Neal, Fitzpatrick', Keena, lilo, lradahaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otia preaented a Council Comnunication from the Planning and Zoninf co .. iaaion meeting of April 7, 1981, concern- ing the f indinga o fact on rezoning of lot• 10 and 11, Block 1 1, Centennial Industrial Park -George I. Adama. COURCIL MEMBER UENA ll>VED TO RECEIVE THE FINDINGS OF FACT. Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayea: Raya: Council Member• Higday, Neal, Fitzpatrick', Keena, lilo, lradahav, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Andy Mccown preaented a Council CoDlllUnica- tion from the Water and Sever loard meeting of April 14, 1981, con- cerning the McLellan Reaervoir Waterahed Study. Mr. Mccown stated there was concern that the development in and around the reservoir provide proper drainage facilitiea. Mr. Mccown stated the reservoir is the aource of aupply for the drinking water in Englewood and in the future will be a aource of a portion of drink- ing water for Mission Viejo Corporation. He stated in discussions with the City of Littleton, the developer• and other related parties', the question aroae aa to what ia the proper amount and quality of April 20, 1981 Page 4 water that should be allowed into the reeervoir; and at this parti- cular time, there i• no anever. Mr. Mccown recomnended that staff be authorized to enter into contract negotiations with Black and I Veatch to have a study prepared to develop parameters on how much water and level of quality of water can be allowed to go into the reservoir. Mr. Mccown etated when a full proposal is ready he would come back to Council with the coete and request direction from Council. COUNCIL MEMBER FITZPATRIClt ll>VED TO DIRECT STAFF TO NEGOTIATE A CONTRACT WITH ILAClt ARD VEATCH CONSULTING ENGINEERS TO STUDY THE EFFECTS OF THE PROPOSED URBANIZATION IN THE MC- LELLAN RESERVOIR WATERSHED OR THE WATER QUALITY IN THE RESER- VOIR. Council Member lilo eeconded the motion. In reaponee to Council Member lilo'• queetion, Mr. Mccown etated eince a portion of the McLellan Reservoir would go to Mission Viejo Corporation, they might be willing to share a portion of the coat• of the etudy. Upon a call of the roll, the vote resulted ae follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick·, Keena, lilo, lradahaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * Mayor Oti• preeented a letter from Cyndi Geist, 3030 South Marion Street concerning her reeignation from the Non- Emergency Employ•••' Retire-.nt Board. COUNCIL M!MIER FITZPATRICK MOVED TO ACCEPT THE RE- SIGMATION. Council Member Keena aeconded the motion. Upon a call of the roll, the vote reeulted ae follow•: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick', Keena, lilo, lradahaw, Otis. Rone. The Mayor declared the motion carried. Council inetructed the City Manager to advertise for the vacancy ae well ae for vacanciee on the Election Comnission 1, Elsie Malley Truet Fund Board and the Englewood Downtown Develop- ment Authority. * * * * * * I April 20, 1981 Page 5 Mayor Otia preaented the minutes of the Parks and Re- creation Co11111iaaion meeting of April 9, 1981, with recomnenda- tiona requeating to have a 11e1Dber of the Co11111iaaion present at City Council meeting• with 1taff and requesting that revisions be made to the ordinance which created the Parke and Recreation Co11111iaaion. Council Member Fitzpatrick noted that during a study session questions aro1e concerning the aforementioned reco11111enda- tione. Mr. Fitzpatrick 1tated it wa1 suggested that the recom- mendations be tabled until Council could meet with the Parks and Recreation Co11111iaaion. COUNCIL MEMBER BRADSHAW ll>VED TO TABLE AGENDA ITEMS 6(E)(I) AND 6(E)(ll). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick', Keena, Bilo, Brad1haw, Otis. Rone. The Mayor declared the motion carried. * * * * * * Mayor Otia preaented the minutes of the Parks and Re- creation Co11111ission meeting of April 9, 1981, with a recomnenda- tion from the Co11111iaaion concerning the selection of Trustee mem- bers to the Malley Center Truat Fund. COUNCIL MEMBER UERA ll>VED TO APPROVE THE APPOINTMENT OF RUTH "PEIUCY" ALLER AS THE REPRESENTATIVE FROM THE PARKS AND RECllEATION COMMISSIOR; DR. CATEWOD C. MILLIGAN, HAROLD RUST , ARD EVELYN BROOM AS REPRESDTATIVES FROM THE ELSIE MALLEY CENTER; ARD COUNCIL MEMBER BRADSHAW AS REPRESERTATIVE FROM THE CITY COUN- CIL TO THE MALLEY CERTER TRUST FURi>. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Hi~day, Neal, Keena, Bilo, Brads aw, Otis. Fitzpatrick•, Nays: None. The Mayor declared the motion carried. * * * * * * April 20, 1981 Page 6 ORDINANCE NO. 36 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 38 INTRODUCED BY COUNCIL MEMBE~ KEENA AN ORDINANCE AMENDING SECTIOR 1, CHAPTER 1, TITLE VIII, OF THE ENGLE\«>OD MUNICIPAL CODE '69, AS AMENDED, PROVIDING FOR NINE CITIZEN-AT-LARGE MEMBERS or PUBLIC LIBRARY BOARD. COUNCIL MEMBER UERA l«>V!D TO PASS COUNCIL BILL NO. 381, SERIES OF 1981, OR FIRAL R!ADIMG. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick·, Keena, lilo, Bradahaw, Otis. Rone. The Mayor declared the motion carried. Council Member Hiaday inatructed ataff to write a letter to Bruce Hogue explaining how thia ordinance clarifies the discre- pancy in term expiration• which he brought to Council's attention a few week• ago. ORDINANCE NO. 37 SERIES OF 1981 * * * * * * IY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER KEENA AR ORDINANCE APPROVIRG A OORTIACT BETWEEN THE CITY OF ENGLEWOOD ARD THE URBAN DRAIRAGE ARD FLOOD CONTROL DISTRICT PROVIDING FOR SHARED COST OF REPLACl!MIRT or THE SOUTH PLATTE RIVER DRIVE BRIDGE OVER LITTLE DRY CREElt. COUNCIL MEMlll UDA l«>V!D TO PASS COUNCIL BILL NO. 39~ SERIES OF 1981, OR FIRAL RIADIRC. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick·, Keena, lilo, lradahaw, Otis. Rone. The Mayor declared the motion carried. April 20, 1981 Page 7 Mayor Otia atated at the Urban Drainage and Flood Con- trol meeting laat Thuraday, the board paased on and agreed to share with Englewood the firat phaae between the river and Santa Fe. Work will comnence June lat. ORDIMANCE MO. SERIES OF 1981 * * * * * * IY AUTHORITY A IILL fOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER NEAL Alf ORDINANCE REPEALIRG AID llDACTIRG SECTIONS 1 THROUGH 16 OF CHAPTER 7, TITLE IX, or TRI ERGLEWOD MDRICIPAL CODE OF 1969, AS AMEMDED. City Attorney DeWitt atated a aection was removed~ which appeared in the propoaed bill, thereby allowing Council further consideration of additional penalty provisions. Council Mellber leal requeated the City Attorney to prepare language that would rai•e the general limit for city violation•; not to a apecific li•it, but Mr. Neal stated he wanted to make aure the aubject ca .. up a• a topic in a study aeasion. Mr. Meal aaked that thia requeat be done in the next two month•. City Attorney DeWitt •tated the maximum dollar limit waa $999; and a• a realiatic .. tter 90 days in jail was the maximum, practical ti .. fra ... COUNCIL MIMIER RIAL ll>VED TO PASS COUNCIL BILL RO. 41, SERIES OF 1981, Cit nlST RIADIRG. Council Member Bilo seconded the motion. Council Mellber Real atated previoualy he had request- ed some definitive lanauaa• concerning buaineas personnel hindering police officer• frOll entering the premises. Mr. Neal stated it waa explained to hi• by City Attorney DeWitt why it was better leaving the lanauaa• undefined. Upon a call of the roll, the vote resulted aa follows: Council Mellbera Hiaday, Real, Fitzpatrick·, leena, lilo, lrad1haw, Otis. lone. April 20, 1981 Page 8 The Mayor declared the 110tion carried. ORDINANCE RO. SERIES OF 1981 * * * * * * IY AUTHORITY A BILL JIOR COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER ------- AR ORDIRARCI AMDDIRC TRI 1969 ERGLEWOOD MUNICIPAL CODE BY THE ADDITIClf '1111UTO or alAPTll 1.5 or TITLE XII PROVIDING FOR THE DlnlMDT or PAYM!lft' or SPECIAL ASSESSMENTS MADE UPON PROPERTY OCCUPIED AS A RISIDDCI IY TRI OWRERS. City Attorney DeWitt aaked that the bill be tabled be- cauae there needed to be further diacuaaion with Finance, Com- munity Development and hie office to work out the actual proce- dure. Council Member Real expreaaed concerns in that the deter- •ination of eligibility vaa being .. de by the Director of Finance. Mr. Real atated .. ybe it ahould be .. de by Council. He stated his preference to .. k• application for deferment was at the formation of the diatrict. Mr. leal 1tated perhaps some safeguard or defini- tion of a•••••••nt diatrict 1hould be inserted. COURCIL MIMlll llADSHAW ll>VED TO TABLE COUNCIL BILL RO. 42, SERIES or 1911. Council Member Bilo seconded the motion. Council inatructed City Attorney DeWitt to return the bill on the agenda of May 4, 1911; and further instructed the City Manager to place the bill on a study session prior to that Council meeting. Council M .. ber Real noted if the time of application va1 changed to the for .. tion of the diatrict, there should be a grandfather clauae to cover Paving District No. 27. Upon a call of the roll, the vote resulted as follows: Aye1: Raye: Council Member• Higday, Neal, Fitzpatrick', Keena, lilo, lradabaw, Otis. lone. The Mayor declared the motion carried. * * * * * * April 20, 1981 Page 9 RESOLUTION RO. 18 SERIES OF 1981 A RESOLUTION REAFFIRMIMC APPOINTMENTS TO THE PUBLIC LIBRARY BOARD. COUNCIL MEMBER BRADSHAW !«>VED TO PASS RESOLUTION NO. 18, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Council Member Bradahaw instructed the City Manager to send a copy of thia reaolution to Mr. Hogue with an appro- priate explanatory letter. Upon a call of the roll, the vote resulted as follows: Ayea: Nay•: Council Member• Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * COURCIL MIMlll DDA t«>VED TO APPROVE A PROCLAMATION DECLARING '1111 WEEK or APllL 27 -MAY 3, 1981, AS "VOLUNTEER RE- COGNITION WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote reaulted as follows: Ayea: Raya: Council Member• Higday, Neal, Fitzpatrick', Keena, lilo, lradahaw, Otis. lone. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt gave a status report on the Dart Board caae pending in diatrict court. Mr. DeWitt stated his office vaa •till vorkina on the case and it had finally been re- aaaigned to the correct diviaion; however, the judge has re- signed and a new one will be appointed. * * * * * * City Attorney DeWitt announced the resignation of Leo Clark, proaecutor for the City. April 20, 1981 Page 10 COURCIL MEMBER REAL tl>VED TO ACCEPT LEO CLARK'S RESIGNA- TION FROM THE CITY OF ENGLEWOOD; AND REQUESTED THE CITY ATTORNEY TO SEND HIM A LETl'ER. Council Member Bradshaw seconded the motion. ln responae to Council Member Hifday's question, DeWitt presented Mr. Clark'• letter of res gnation. Mr. Upon a call of the roll, the vote resulted as follows: Ayes: Haye: Council Members Higday, Neal, Fi tzpatrick1, Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * City Manager Mccown preeented a Council CoDIDUnication and resolution concerning the Six-Quarter Budget for April, 1981 through September, 1982. Council Member Real requested that he be provided with a map which located the handicap ramps. llESOLUTIOR NO. 19 SERIES OF 1981 A RESOLUTION AMERDIRG THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER UERA K>VED TO PASS RESOLUTION NO. 19 t, SERIES OF 1981. Council Mellber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayee: Haye: Council Member• Higday, Neal, Fitzpatrick', Keena, lilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * City Manager Mccown preeented a Council CoDIDUnication concerning Aid To Other Agenciee. COUNCIL MEMBER FITZPATRICK !l>VED TO DIRECT THAT FUNDS BE ALLOCATED TO DIA POI $500; COMllJRITY ARTS SYMPHONY FOR $3,500; IRTER-FAITH TASK FORCE POI $10,000; LEAGUE OF WOMEN VOTERS FOR $700; HOLIDAY PARADE POI $2,000; ARAPAHOE HOUSE FOR $5,500; AND April 20, 1981 Page 11 TO HOLD THE AK>URT TO THE ENGLEWOOD JAYCEES. Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick', Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager McCovn presented a Council Communication concerning fee increa••• for the Recreation Department. COUNCIL MEMBER BRADSHAW tl>VED TO RATIFY THE FEE IN- CREASES FOR PARICS ARD llECllEATIOR DEPARTMENT. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the increase on the basis that it had not been proven to here that the administrative coats can be adequately handled; and further it was difficult to to prove residency. Me. Keena stated moat of the metro area is used and shared by citizen• of neighboring communities free of charge. Council Member Higday stated he ~ould have liked to see the non-resident fee increaeed more than 2si. Council Member Bilo spoke against the charge for the Junior Sport• program. Council Member lradehaw stated it was difficult to recover coete for adult activitiee. She stated that non-re- sident• should not be penalized by a high fee but should be expected to pay eome additional charge to use Englewood's programs. She stated the Junior American program was only '10 per participant with unlimited activities. Council Member Fitzpatrick stated the 25i for non- resident wae nominal and dieagreed that the administration coat• would eat up the increaee. Mr. Fitzpatrick stated the instructor of each claee ehould be able to tell after a short period of time if the participants were resident or non-resi- dent. Mr. Fitzpatrick etated he did not wish to penalize the neighbors of Englewood. Council Member Real argued that neighboring connounities did pay certain feee. Mr. Real stated there was a $2.00 head tax April 20, 1981 Page 12 for people who work in Denver and there was a 50¢ additional fee per round of golf for anyone who i• not resident of Denver and wanted to play Denver golf course•. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick•, B-radehav, Oti•. Couincil Member• Keena, Bilo. The Mayor declared the motion carried. * * * * * * City Manager Mccown di•cu•eed the literature he sent to Council regarding the Regional Tran•portation District. Mr. Mccown stated if Council had any particular projects they wanted to add to the enclosed liat of improvements to be sent to RTD to let him know thia week. He atated RTD pays for various improve- ments to streets, curba, etc., if in fact it can be proven that the improvements relate to helping buaee move better through traffic. In re•pon•e to Council Member Higday's question, Mr. Mccown stated the requeat did not include bus stops or shelters. * * * * * * Council acheduled the review of the municipal court study for April 29, 1981, at 5:00 p.m. * * * * * * COURCIL MIMIER llADSHAW tl>VED TO RECEIVE THE 1980 FI- NANCIAL REPORT. Council Mell'ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote reaulted aa follows: Aye•: Raya: Council Member• Higday, Neal, Fitzpatrick', Keena, lilo, lradahaw, Otis. Rone. The Mayor declared the motion carried. * * * * * * Mayor Otis announced there were no more massage parlors in the City of Englewood. April 20, 1981 Page 13 Council Member Bilo stated a sign had been put up on Dartmouth and Santa Fe. Council Member Fitzpatrick stated Assistant City Manager Rich Wanuah would investigate to see if the sign meets code. * * * * * * Council Member Bradshaw stated last week a citizen called her to thank her for the fine staff at City Hall who work with the home rehabilitation program. The citizen further thanked the City for the loan she received for her home. * * * * * * Mayor Otia announced the ground breaking ceremonies for the new Senior Citizen High Riae would be Saturday at 11:00 a.m. * * * * * * Council Member Real asked City Attorney DeWitt when the ordinance regarding the zoning for massage parlors, adult book stores, etc. vaa going to be prepared. City Attorney DeWitt atated he was planning to intro- duce it at the next regular meeting. * * * * * * Council Member Higday aaked when the second nine holes of the golf course would open. 1981. City Manager McCovn stated plane were still for June 15~ * * * * * * There waa no further buainess to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otia adjourned the meeting without a vote at 8:45 p.m.