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HomeMy WebLinkAbout1981-05-04 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 4, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 4, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was fiven by Council Member Thomas Fitzpatrick. The pledge of a legiance was led by Boy Scout Troop 1115 and 1154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick·, Bilo, Bradshaw, Otis. Abaent: Council Member Keena. The Mayor declared a quorum present. * * * * * * Aleo present were: City Manager Mccown Assistant City Manager Wanush Assistant City Attorney Holland Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW !l>VED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 20, 1981. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. * * * * * * May 4, 1981 Page 2 time. were: There were no pre-scheduled visitors on the agenda. * * * * * * There were no other visitors wishing to speak at this * * * * * * "Collllllnications -No Action Recomnended" on the agenda (a) Minutes of the Board of Career Service Com- missioners meeting of March 19, 1981. (b) Minutes of the Downtown Development Au- thority meeting of April 22, 1981. (c) Memorandum from the Fire Chief to the City Manager concerning out-of-state trips that Fire personnel attended. (d) Municipal Court Activity Report for the month of March, 1981. COUNCIL MEMBER FITZPATRICK K>VED TO ACCEPT TIORS -NO ACfION RECOMMENDED" AGENDA ITEMS 5A -SD. Member Bilo seconded the motion. Upon a call of the vote resulted as follows: "COMMUNICA- Counci l roll, the Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. * * * * * * Aasistant City Manager Wanush presented the minutes of the Water and Sewer Board meeting of April 14, 1981, and the recomDendation contained therein regarding a request made by the Valley Sanitation District for annexation of additional land into the •ervice area. COUNCIL MEMBER HIGDAY K>VED TO APPROVE SUPPLEMENT 14 VALLEY SANITATION DISTRicr. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: I May 4, 1981 Page 3 Ayea: Haya: Absent: The Mayor Council Members Higday, Neal, Fitzpatrick~ Bilo, Bradshaw, Otis. None. Council Member Keena. declared the motion carried. * * * * * * Aaaiatant City Manager Wanush presented the minutes of the Water and Sewer Board meeting of April 14, 1981, and the recomnendation contained therein regarding a license agree- ment with the Atchiaon, Topeka and Santa Fe Railroad and the Denver and Rio-Grande Railroad for permission to place a 27" aanitary aewer line acroaa the tracks. Council Member Neal requested that staff prepare a time line reflecting the decisions to be made in regard to the sewer line incluaive of options of some sort of culvert along Floyd or from Floyd and Elati down to the plant. Mr. Wanu1h replied that the Director of Public Works and the Director of Utilities were presently preparing a prelimi- nary report outlining the basic steps and decisions that have to be made on the project. Mr. Wanuah stated the time line would be available to Council before any final acceptance of bids were made. Council Member Higday stated the Water and Sewer Board alao diacuaaed the opening and closing of Broadway on an untimely baaia for one project or another was becoming unacceptable; and coordination was going to be demanded. Council Member Neal stated he did not want to have Floyd Avenue torn up during Christmas because it would block the northern access into Cinderella City. Also, that Floyd Avenue waa critical to the redevelopment plans of Cinderella City. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE LICEISE AGREEMENTS WITH THE ATCHINSON, TOPEKA AND SANTA FE RAILROAD ARD THE DENVER AND RIO GRANDE RAILROAD FOR A 27" SARITARY SEWER LIME TO CROSS THE RAILROAD RIGHT OF WAY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick1, Bilo, Bradshaw, Otis. May 4, 1981 Page 4 Nays: Absent: None. Council Member Keena. The Mayor declared the motion carried. Council Member Neal requested further that be prepared in terma of the six quarter budget, i.e. are available, what funds are allocated to projects, fund1 can potentially be allocated for this project. an analysis what funds and what * * * * * * Mayor Otis presented a Council Comnunication from the Parka and Recreation Department requesting permission to hang a banner acro11 South Broadway announcing Super Saturday. COUNCIL MEMBER BRADSHAW K>VED TO APPROVE THE REQUEST TO BARG A BADER OVER SOUTH BROADWAY FROM JURE 15 -JUNE 22, 1981, ARROURCIRG SUPER SATURDAY. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as fol- low•: Ayes: Raya: Ab1ent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. Rone. Council Member Keena. The Mayor declared the motion carried. * * * * * * ORDIIARCE IO • 3 8 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 41 INTRODUcrION BY COUNCIL MEMBER NEAL Alf ORDIIARCE REPEALING AND REENAcrlNG SEcrlONS 1 THROUGH 16 OF CllAPTll 7, TITLE IX, OF THE ENGLEWOOD MUNICIPAL CODE OF 19691, AS AMllO>!D. COUICIL MEMBER REAL K>VED TO PASS COUNCIL BILL NO. 41 •, S!IIES OF 1981, OR FINAL READING. Council Member Bradshaw sec- onded the 110tion. Upon a call of the roll, the vote resulted as follow•: Ayes: Council Members Higday, Neal, Fitzpatrick~ Bilo, Bradshaw, Otis. May 4, 1981 Page 5 Nays: Absent: None. Council Member Keena. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AR ORDIRARCE VACATING A PORTION OF A UTILITY RIGHT-OF-WAY IN CEBTERRIAL SOUTH SUBDIVISION OR THE NORTH SIDE OF LOTS 6 AND 14~ ARAPAHOE OOURTY, OOLORADO. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL RO. 43, SERIES OF 1981, OR FIRST READING. Council Member Brad- shaw seconded the motion. Upon a call of the roll, the vote resulted aa followa: Ayea: Raya: Abaent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. Rone. Council Member Keena. The Mayor declared the motion carried. ORDIRARCE RO. SERIES OF 1981 __ _ * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDIRARCE AMENDING CHAPTER 22 OF THE COMPREHENSIVE ZONING OR- DIRARCE, ORDINANCE NO. 26, SERIES OF 1963, OF THE CITY OF ENGLE- WOOD, RELATING TO ADULT USES, ESTABLISHING ZONING LIMITATIONS OR 'DIEIR LOCATION, ARD PROVIDING FOR THE TERMINATION OF NONCON- FORMING USES. May 4, 1981 Page 6 Council Member Bradshaw asked for the rationale be- hind the 500 foot limitation from residential areas as opposed to the 1000 foot in the temporary ordinance. Mr. Holland stated in a recent United States Supreme Court caae on this particular subject, a similar ordinance was held conatitutional. The ordinance contained the requirement that a uae must be 500 feet or more from residential areas. Mr. Holland stated Mr. DeWitt put in the 500 foot requirement to a••ure the bill constitutional; however, it would be Coun- cil'• di•cretion to increase the limitation. COUNCIL MEMBER BRADSHAW tl>VED TO PASS COUNCIL BILL RO. 44, SERIES OF 1981, OR FIRST READING. Council Member Bilo •econded the motion. COUNCIL MEMBER NEAL K>VED TO AMEND THE !l>TION AND ADD "ARD DECLAlllRG AR EMERGERCY" AFrER "USES" IN THE ORDINANCE TITLE. Council Member Fitzpatrick •econded the motion. Upon a call of the roll, the vote re•ulted a• follow•: Ayea: Maya: Ab•ent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradahaw, Otie. Rone. Council Member Keena. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted a• follow•: Ayea: May•: Ab•ent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otia. Rone. Council Member Keena. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK tl>VED TO SET A PUBLIC HEAR- IRG ON COUNCIL BILL NO. 44, FOR JUNE 1, 1981, AT 7:30 P.M. Coun- cil Member Neal seconded the motion. Upon a call of the roll 1, the vote reaulted aa followa: Ayea: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. May 4, 1981 Page 7 Nays: Absent: None. Council Member Keena. The Mayor declared the motion carried. RESOLUTION NO. 20 SERIES OF 1981 * * * * * * A RESOLUTION APPROVING THE APPOINTMENT OF CHARLES C. GRIMM AS ASSISTANT CITY ATTORNEY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 20, SERIES OF 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick1, Bilo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT A PROCLAMA- TION DECLARING THE WEEK OF MAY 17 -23, 1981, AS "PUBLIC WORKS WEElt". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Raya: Absent: Counci 1 Members Higday, Neal, Fitzpatrick•, Bilo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. Council a•ked the newspaper reporters to make mention of the aforementioned event in their respective newspapers. * * * * * * May 4, 1981 Page 8 Assistant City Attorney Holland transmitted and dis- cussed a memorandum from City Attorney DeWitt regarding a draft ordinance designed to increase penalties for municipal offenses. Aaaistant City Attorney Holland transmitted and dis- cuaaed a memorandum from City Attorney DeWitt regarding a draft ordinance regulating gold and silver exchanges. In regard to the proposed ordinance on increasing penalties for municipal offenses, Council Member Neal asked for information on whether or not reatitution and/or fine could exceed the $1,000 limit. Also, whether or not resti- tution can be required. Aaaiatant City Attorney Holland stated municipali tiea do not have the authority to enact anything which would be claasified as a felony. To determine whether or not some- thing ia a felony, ia determined by the penalty which is as- aeaaed for it. The miniaum penalty for determination of a felony ia $1,000. He atated there ia aome chance if the pen- alty aaaeaaed for the violation of an ordinance went to $1,000 or over a $1,000 including restitution that that would be classi- fied a felony and therefore, the City could not have an ordinance doing that. Mr. Holland stated the City Attorney'• office would further research the queation. Council Member Neal asked if restitution could be se- parated from the concept of a penalty •. * * * * * * Assiatant City Attorney Holland informed Council that the Houaing Authority had paid off the loan for the new Senior Citizen Houaing project. * * * * * * Council Member Higday instructed the Deputy Clerk to add hie name as co-aponaor to Council Bill No. 44. Other Council Members expressed support for the bill. * * * * * * City Manager Mccown presented a Council ColllDUnication from the Director of Finance concerning Computer Hardware and Sof tvare Contract with Computer Resource Management Corporation (CIMC) with a Lease/Purchase Agreement. May 4, 1981 Page 9 Director of Finance Higbee appeared before Council and preaented the information. Mr. Higbee stated final contract terms had been reached with CRMC in the amount of $266,710 of which $186,460 ia for the purchase of computer hardware and $80,250 for the purchase of application software. Mr. Higbee stated the application software would be Vehicle Maintenance package', Finance Accounting package, Utility Accounting package, Payroll Personnel ayatem, Salee Tax Accounting ayatem, and Fire Depart- ment Incident Reporting package. Mr. Higbee requested that the City Manager be authorized to execute the contract for computer hardware and aof tware with CRMC pending the City Council paaaing a resolution at some future date entering into a leaae/purchaae arrangement for the financing of the computer hardware and software. Mr. Higbee further requested that the City Manager be authorized to enter into a lease/purchase contract negotiations for the purpoae of financing the computer hardware. Mr. Higbee stated the 1981 Data Processing Budget con- tained $118,000 for the purpoee of making leaae/purchaee payments and aleo for implementation eupport. Mr. Higbee requested that a down payment in the amount of '80,710 be made, leaving a total of $186,000 to be financed over a five-year period of time. Mr. Higbee etated Margaret Freeman, the City's Data Proceeeing Manager, and Gary Svoboda, President of the CRMC~ were preeent if Council had any queetiona. Council Member Bradehaw etated the operational audit of Municipal Court showed a tremendous need for computer pro- graaming of the court. Ma. Bradahaw aeked if Municipal Court's needs will be phaaed in. Mr. Higbee stated there would be no problem in phas- ing it in. The contract waa for a one-year period of time and all of the application• he mentioned ahould be on board. Mr. Higbee stated the hardware ha• the capacity to take care of the Court's need•; and if Council directed the undertaking of Court application• thie year, it would take additional workload, an- other contract, and additional money; or deletion of some of the applicationa. Mr. Higbee etated the applications proposed in Phase I were the current application• being run on the exist- ing computer ayatem; and until they are on the new computer sys- tem, the old computer ayatem can not be removed. COURCIL MEMBER BRADSHAW K>VED TO AUTHORIZE THE CITY MANAGER TO EMTEll IMTO A LEASE/PURCHASE CORTRAcr NEGOTIATIONS FOil THE PURPOSE OF FINANCING THE COMPUTER HARDWARE AND SOFT- WARE WITH CRMC. Council Member Neal seconded the motion. Upon a ~all of the roll, the vote resulted ae follows: May 4, 1981 Page 10 Ayes: Nays: Absent: Council Members Hifday, Neal, Fitzpatrick', Bilo, Bradshaw, Ot s. None. Council Member Keena. The Mayor declared the motion carried. COUNCIL MEMBER BRADSHAW !l>VED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRAcr WITH CRMC PENDING THAT CITY 'COUNCIL PASS A RESOLUTION AT SOME FUTURE DATE ENTERING INTO A LEASE/PURCHASE AGREEMENT FOR COMPUTER HARDWARE AND SOFI'- WARE. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Hifday, Neal, Fitzpatrick', Bilo, Bradshaw, Ot •· None. Council Member Keena. The Mayor declared the motion carried. * * * * * * City Manafer Mccown presented a Council Comnunication from the Director o Engineering Services concerning an agree- ment with Urban Drainage and Flood Control District with the City of Englewood on construction and inapection of Little Dry Creek Schedule 1 Project. COURCIL MEMBER HIGDAY tl>VED TO DIREcr THE CITY AT- TOlUfEY TO PREPARE AN ORDINANCE APPROVING THE AGREEMENT. Coun- cil Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick', Bilo, Bradshaw, Otis. None. Council Member Keena. The Mayor declared the motion carried. * * * * * * May 4, 1981 Page 11 RESOLUTION HO. 21 SERIES OF 1981 A RESOLUTION APPROVING A LEASE WITH MEDIA ENTERPRISES, INC. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION HO. 21, SERIES OF 1981. Council Member Bradshaw seconded the motion. Council Member Neal opposed renegotiating existing contracts. Council Member Higday agreed with Mr. Neal. COUNCIL MEMBER BRADSHAW K>VED TO TABLE THE RESOLUTION. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted •• follow•: Ayea: Naya: Abaent: Council Members Higday, Bilo, Bradshaw. Council Members Neal, Fitzpatrick, Otis. Council Member Keena. The Mayor declared the motion defeated. Council inatructed the City Manager to bring up this matter at a atudy aeasion to discuss the contract'• impact on the water plant. Upon a call of the roll, the vote on the original mo- tion reaulted aa follows: Ayea: Raya: Abaent: Council Members Fitzpatrick, Bradshaw, Otis. Council Member• Higday, Neal, Bilo. Council Member Keena. The Mayor declared the motion defeated. * * * * * * Council inatructed staff to send a sympathy card to the family of Vi Gardner. * * * * * * May 4, 1981 Page 12 Council instructed ataff to aend a get well card to the mother of City Attorney Rick DeWitt. * * * * * * There waa no further buaineea to be diacuaaed. * * * * * * COUNCIL MEMBER HIGDAY l«>VED TO ADJOURN THE MEETING. Mayor Otta adjourned the meeting without a vote at 8:40 p.m.