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Home My WebLink About1981-08-03 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 3, 1981 11\e City Council of the City of Inglewood, Arapahoe County, Colorado, ••t in regular ••••ion on Auguet 3, 1981, at 7:30 p.m. Mayor Oti•, pre1iding, called the •••ting to order. The invocation wa• given by Reverend Harold Opperts- hauaer, Firet Baptiet Church, 3170 South Broadway. The pledge of allegiance wae led by Boy Scout Troop• 1115 and 1154. Mayor Otis a1ked for roll call. Upon a call of the roll, the following were preeent: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradehaw, Otia. Absent: None. The Mayor declared a quor\D present. * * * * * * Aleo present were: City Manager Mccown Aaaiatant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 20, 1981. Council Member Bradshaw seconded the 110tion. Upon a call of the roll, the vote resulted as follow•: Ayes: Nays: Abstain: Council Members Neal, Fitzpatrick, Keena, Bllo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. • • * • • • Pre-echeduled vleitor, Jim Smith of Rocky Mountain Ca- tering, 2730 South Tejon Street, wae present. Mr. Smith requested Augu•t 3, 1981 Page 2 a change in the code allowing •alee from hie vending trucks to employee• of various bueineaeea at the place of employment. Cotmcil Member Keena instructed the City Attorney to prepare an ordinance effecting Mr. Smith'• request. Cotmcil Me•ber Real instructed the City Attorney to include a clau•e repealing 9-4-1, "Salee from Vehicles Prohibi- ted" in it• entirety. • • • * * * Pre-scheduled visitors repre•enting Co-Champion Food Drive Days were not pre•ent. COUNCIL MEMBER KEENA MOVED TO TABLE CONSIDERATION OF A PROCLAMATION DECLARING AUGUST 8 ARD 9, 1981, AS CO-CHAMPION FOOD DRIVE DAYS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Raya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. • * • * * • Mayor Otis a•ked if there were any other visitors wish- ing to speak at this time. Paul Hendrick•, 4001 South Elati Street, appeared be- fore Cotmcil. Mr. Hendrick• expre••ed hi• concerns about a re- cent new•paper article in the Englewood Sentinel indicating Enflewood a• having a high cri•e rate. Mr. Hendricks stated he fe t police officers were •pending too much time on leas serious crimes and not enough on inve•tigating the more serious ones. Council Member Fitzpatrick •tated the police depart- ment waa doing the beat po••ible job. Mr. Fitzpatrick encouraged a neighborhood watch program to help deter crime. • * * • • * Roy Eastin, 4546 South Lipan Court, appeared before Cotmcil. Mr. Eastin ••ked if the Director of the Englewood Downtown Development Authority wa• a City employee. Council re•ponded that he waa employed by the Authority and was not a City employee. August 3, 1981 Page 3 Mr. Eastin asked if a designer for the community center had been hired and for what fee. $25,000. City Manager Mccown stated the maximum fee was Diacuaaion ensued on coat figures for the com- munity center. Members of Council stated this information wae unknown. Aleo, the co .. unity center decision would de- pend on the vote of the people. • • • • • • Daniel Herbold, 4520 South Lipan Street, appeared be- fore Council. Mr. Herbold diacuaaed concerns he had about the golf courae clubhouse. • • • * * * 'lbere were no other visitors at this time. * * * * * * COUNCIL MEMBER KEENA MOVED TO OPEN THE PUBLIC HEARING CONCERNING AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX RE- VENUE BOROS IN THE TOTAL PRINCIPAL AMOUNT OP $2,215,000, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL GOLF COURSE CONSISTING OP A NEW CLUBHOUSE AND CONSTRUCTING AND INSTALLING IM- PROVEMENTS TO THE MUNICIPAL SANITARY SEWER SYSTEM AND DETAILS IN CONNECTION THEREWITH. Council Me•ber Fitzpatrick seconded the mo- tion. Upon a call of the roll, the vote reeulted as follows: Ayea: Raya: Council Me•bera Higday, Neal, Fitzpatrick, Keena, Bilo, Bradehav, Otis. Rone. 'lbe Mayor declared the •otion carried. City Manager McCovn atated the ordinance authorizes the issuance of uae tax revenue bond• in the a110unt of $2,215,000, for the completion of a clubhouse for the municipal golf course; and for construction of a sever line in northeaat Englewood. The low bid for the bonds vaa Kirchner, Moore & Company at 10.922351. Mr. Mccown stated fund• frOll the project• th .. eelvea would repay the bonds. Mayor Otis aaked ia anyone wished to speak in favor of the issuance. No one responded. August 3, 1981 Page 4 Mayor Ot ia asked if anyone wished to speak. against the issuance. No one reaponded. COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes : Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 59 SERIES OF 1981 COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING THE ISSUANCE OF USE TAX REVENUE BONDS OF THE CITY OF ENGLEWOOD, COLORADO, IN THE TOTAL PRINCIPAL AMOUNT OF $2,215,000, FOR THE PURPOSE OF CONSTRUCTING IMPROVEMENTS TO THE MUNICIPAL GOLF COURSE CONSISTING OF A NEW CLUBHOUSE, AND CON- STRUCTING ARD INSTALLING IMPROVEMENTS TO THE MUNICIPAL SANITARY SEWER SYSTEM; PRESCRIBING THE FORM OF SAID BONDS AND INTEREST COUPONS; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND IN- TEREST OR SAID BONDS FROM THE REVENUES OF THE MUNICIPAL USE TAX; ARD PROVIDING OTHER COVENANTS AND DETAILS IN CONNECTION THERE- WITH. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL RO. 64, SERIES OF 1981, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted aa follows: were: Ayes : Naya : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * "Co-unicationa -No Action Recommended" on the agenda (a) Minute• of the Water and Sewer Board meet- ing of June 30, 1981. I Auguat 3, 1981 Page 5 (b) Minute• of the Planninf and Zoning Commission •••ting of July 7, 198 • (c) (d) Minute• of the Liquor License Authority meet- ing of July 8, 1981. Minute• of the Public Library Advisory Board •••ting of July 14, 1981. COUNCIL MEMBER KEIRA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RICOlllDDID", AGDDA ITEMS 5(A) -5(0). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted aa follow•: Ayea: Nays: Council Me•ber1 Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. 'lbe Mayor declared the motion carried. * * * * * * Mayor Oti• preaented a Council Communication from the Department of Co1111Unity Development concerning an encroachment of a metal hood over the right-of-way for West Kenyon Avenue at 3701 South Inca Street. Council Me•b•r Meal directed the City Attorney to re- search the poaaibility of ••king aimilar requests for encroach- ments an ad81nietrative function. COUICIL MIMIEI BRADSHAW MOVED TO APPROVE THE ENCROACH- MENT OF A METAL HOOD OVER THE RIGHT-OF-WAY FOR WEST KENYON AVE- NUE AT 3701 SOUTH INCA STREET. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follow•: Ayea: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. Fitzpatrick, Maya: Rone. 'ftle Mayor declared the motion carried. * * * * * * City Attorney DeWitt diacusaed an amendment to Council Bill No. 63 which explain• that $34,320 included in the grant a110unt of $390,000 pay• for expen••• of the City in administer- ing the grant. August 3, 1981 Page 6 COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE AMEND- MENT FOR SECTIOM B. FOi COURCIL BILL RO. 63, SERIES OF 1981. Council Me•b•r Bilo aeconded the •otion. Upon a call of the roll, the vote reaulted aa follow•: Ayea: Naya: Council Me•b•r• Higday, Neal, Fitzpatrick, leena, lllo, lradahaw, Otls. Rone. The Mayor declared the •otion carried. ORDINANCE NO. 60 SERIES OF 1981 BY AUTHORITY COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRARTIRG TO THE ERGLEWOOD HOUSING AUTHORITY $390,000 FOR THE ENGLEWOOD HOME REHAIILITATIOR PROGRAM AND AMENDING AN AGUEMERT BETW!ER THE CITY OF ERGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOi AlllINISTRATIOR OF THE HOME REHABILITATION PROGRAM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL RO. 63, SERIES OF 1981, OI PIRAL READING. Council Member Fitz- patrick aeconded the •otion. Upon a call of the roll, the vote reaulted aa follow•: Ayea: Nay1: Council Me•ber1 Higday, Neal, Fitzpatrick, Keena, lllo, Bradshaw, Otis. Rone. 'nle Mayor declared the •otion carried. ORDINANCE NO. 61 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER KEENA AM ORDINANCE PURSUART TO TITLI III, CHAPTER 3, OF THE .ENGLEWOOD MURICIPAL COURT, ASSESSIRG AGAIRST CERTAIN REALTY THE COST OF REMOVAL OF A DARGEROUS IUILDIRG THEREFROM BY THE CITY OF ENGLE- WOOD PLUS AN AIMINISTRATIVE CHARGE AND PENALTY. COUNCIL MEMBll KIERA MOVED TO PASS COUNCIL BILL NO. 65, SERIES OF 1981, OR FIRAL RIADIRG. Council Me•ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Auguat 3, 1981 Page 7 Ayea: Raya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. Mone. The Mayor declared the motion carried. ORDINANCE MO. SERIES OF 1981 * * * * * * BY AUTHORITY A IILL FOR COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER BRADSHAW AM ORDINAMCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN CITY OF EMGLIWOOD, COLORADO, ARD ENGLEWOOD EMPLOYEES ASSOCIATIOI, IFRCTIVZ JAIUAllY 1, 1982 THROUGH DECEMBER 31, 1983. COUMCIL MIMllR BRADSHAW MOVED TO PASS COUNCIL BILL RO. 66, SERIES OF 1981, OI FIRST READING. Council Member Bilo aeconded the 110tion. Upon a call of the roll, the vote resulted aa followa: Ayea: Maya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. 11le Mayor declared the motion carried. ORDINANCE RO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER NEAL AM ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THI CITY or IRGLIWOOD, COLORADO, ARD THE ENGLEWOOD FIRE FIGHTER ASSOCIATION, IFRCTIVI JANUARY 1, 1982 THROUGH DECEMBER 31, 1983. COUNCIL MEMBER REAL MOVED TO PASS COUNCIL BILL NO. 67, SERIES OF 1981, OR FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: August 3, 1981 Page 8 Ayes: Nays: Council Me•b•r• Higday, Neal, Fitzpatrick, Keena, lilo, lrad•haw, Otis. Mone. 'lbe Mayor declared the •otion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * IY AlmlOIITY A llLL FOR COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AR ORDINANCE APPIOVIRG A COLLICTIVI IAIGAINING AGREEMENT BY AND BETWEEN THE CITY or llGLIWOOD, COLORADO, ARD THE ENGLEWOOD POLICE BENEFIT ASSOCIATIOR, IFPICTIVI JARUAllY 1, 1982 THROUGH DECEMBER 31, 1983, APPIOVIRG AR ADDIRDUM TO THE 1980-1981 CONTRACT BETWEEN THE CITY OF ERGLIWOOD AID THI llGLIWOOD POLICE BENEFIT ASSOCIATION. COURCIL MIMlll PlTZPATIIClt MOVED TO APPROVE COUNCIL BILL RO. 68, SllIIS OF 1981, OI FIRST READING. Council Member Bilo ••conded the motion. Upon a call of the roll, the vote re•ulted a• follow•: Aye•: Maya: Council Me•bera Higday, Neal, Fitzpatrick, Keena, lilo, lradahaw, Otis. Mone. 'lbe Mayor declared the •otion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * IY AlmlOIITY A IILL FOR COUNCIL BILL NO. 70 INTRODUCED BY COUNCIL MEMBER NEAL AR ORDINANCE ESTABLISHING LICllSIRG PROCEDURES, REQUIREMENTS FOR PREMISES, ENFORCEMENT PIOVISIORS, ARD PENALTIES FOR ADULT ENTER- TAIRMDT ESTABLISHMENTS IY ADDIRG CHAPTER 10 TO TITLE IX OF THE 11'GLEWOOD MUMICIPAL CODI or 1969 AS AMENDED AND DECLARING AN EMERGENCY. August 3, 1981 Page 9 COUNCIL MEMBER RIAL MOVED TO PASS COUNCIL BILL NO. 70, SERIES OF 1981, OR FIRST RIADIMG. Council Member Higday seconded the motion. City Attorney DeWitt noted aeveral amendments to the bill. COUNCIL MEMBER KIERA MOVED TO AMEND COUNCIL BILL NO. 70, SERIES OF 1981, AS DISCUSSED BY CITY ATTORNEY DEWITT. Coun- cil Member Bradahav aeconded the 110tion. Upon a call of the roll, the vote reaulted aa followa: Ayea: Maya: Council Me•b•r• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Mone. 11le Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion to paaa Council Blll Ro. 70, Series of 1981, on first read- ing reaulted aa follow•: Ayea: Maya: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. 11le Mayor declared the motion carried. COUNCIL MEMBER RIAL MOVED TO SET A SPECIAL MEETING FOR MONDAY, AUGUST 10, 1981, AT 5:00 P.H. TO CONSIDER COUNCIL BILL MO. 70, SERIES OF 1981, OR FIRAL READING. Council Member Fitz- patrick aeconded the 110tion. Upon a call of the roll, the vote resulted aa followa: Ayea: Maya: Council Me•bera Higday, Neal, Fitzpatrick, Keena, Bllo, Bradshaw, Otis. Rone. 11le Mayor declared the motion carried. llESOLUTIOR RO. SERIES OF 1981 * * * * * * A RESOLUTION AMERDIMG THI GIRERAL FUND BUDGET. (salary increases for member• of Englewood Police Benefit Aaaociation) August 3, 1981 Page 10 COUNCIL MEMBER BRADSHAW MOVED TO TABLE THE RESOLU- TION. Council Member Bilo aeconded the motion. Upon a call of the roll, the vote reaulted aa follow•: Ayea: Nays: Council Me•ber• Higday, Neal, Fitzpatrick, Keena, lllo, lrad•haw, Otis. Mone. 'nle Mayor declared the motion carried. * * * * * * RESOLUTION NO. 36 (B) SERIES OF 1981 A RESOLUTION or THE CITY COUICIL or THI CITY OF ENGLEWOOD DE- DICATING THE CITY TO LIMITIIG THI LITTLE DRY CREEK 100-YEAR FLOOD PLAIN TO THI BARS or LITTLE DRY CREEK IN THE CITY OF ENGLEWOOD. COUNCIL MEMBER KIERA MOVED TO PASS RESOLUTION NO. 36, SERIES OF 1981. Council Me•ber Neal seconded the motion. Council Me•ber Neal •tated the above policy would fix finally Little Dry Creek. Council Member Higday •tated the policy also would enable the completion of downtown Englewood. Upon a call of the roll, the vote re•ulted as follows: Ayes: Nays: Council Me•bera Higday, Neal, Fitzpatrick, Keena, lilo, Brad•haw, Otis. None. 'nle Mayor declared the motion carried. * * * * * * City Attorney DeWitt tran•mitted the answer brief in the matter of City of F.nglewood vs. Bridgewater and Sceniak. * * * * * * City Attorney DeWitt tranamitted the motion for stay of order in the matter of People of the State of Colorado vs. John David Hammes. * * * * * * I August 3, 1981 Page 11 City Attorney DeWitt tran .. itted an Order and Citation to Show Cause in the •atter of Soon Ye Scott d/b/a New Tokoyo Mas- sage va. City of Englewood. Mr. DeWitt requested authorization to defend the City in the caae. COUNCIL MEMBER BILO MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IR TRI MATTER or SOOR YE SCOTT D/B/A NEW TOKOYO MASSAGE VS. CITY or ERGLIWOOD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Maya: Council Me•bera Higday, Neal, Fitzpatrick, Keena, lilo, Bradahaw, Otis. Rone. '11le Mayor declared the 110tion carried. * * * * * * City Attorney DeWitt aubllitted a draft of a bill amend- ing Title I, Chapter 7, of the 1969 Englewood Municipal Code as amended, relating to rule• of procedure before hearing bodies of the City and providing for appeal therefrom. Council Me•b•r Keena aaked that Mr. DeWitt send a copy of the draft to quaai-judicial board• of the City for their re- view and co .. ent before it i• conaidered by Council. * * * * * * City Attorney DeWitt atated the City had received a aU1111ona in a •atter of Charle• va. the City of Englewood. A copy of aU1111ona waa not in Council'• packet because it was re- ceived only a few day• ago. Mr. DeWitt requested authorization to defend the City. COUNCIL MIMlll llllA MOVED TO AUTHORIZE THE CITY AT- TORNEY TO DEP'EMD THE CITY IR THE MATTER or CHARLES vs. THE CITY OF ENGLEWOOD. Council Me•b•r Pit&patrick seconded the motion. Upon a call of the roll, the vote reaulted aa follows: Ayea: Council Me•bera Higday, Neal, Fitzpatrick, Keena, lilo, Bradahaw, Otis. Haya: Rone. '11le Mayor declared the 110tion carried. * * * * * * August 3, 1981 Page 12 City Manager Mccown preeented a Council Co1111unication from the Director of Co1111Unity Development requesting approval of an out-of-state trip for the Aeeietant Director of Co1111unity Develoi-ent -Housing to attend a regional National Association of Housing & Redevelopment Official• Conference. COUNCIL MDIII& Kiii.A MOVED TO APPROVE THE OUT-OF-STATE TRIP FOR THE ASSISTART DillCTOI or COIMURITY DEVELOPMENT -HOUS- ING. Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote reaulted •• follow•: Ayes: Nays : Council Mellber• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradehaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Meal preeented a Council Co1111unication recommending that the City eetablieh a Chianey Sweep Program which would be administered by the Englewood Fire Department to help promote woodburning applicance fire aafety. COUNCIL MEMBER REAL MOVED TO ESTABLISH A FIRE DEPART- MENT ADMINISTERED CHIMNEY SWEEP PROGRAM. Council Member Bradshaw aeconded the motion. Council Member Keena inquired aa to the coats involved. Dan Valentine, Ad•ini1trative Ae1iatant Intern, appeared before Council and diacueaed the coat• involved. Mr. Valentine stated he had checked with the Fire Department and the program could be eatablished for approximately $200. Upon a call of the roll, the vote reaulted as follows: Ayes : Naya: Council Me•b•r• Hlgday, Meal, Fitzpatrick, Keena, Bilo, Brad1haw, Otis. None. The Mayor declared the motion carried. * * * * * * August 3, 1981 Page 13 RESOLUTION RO. 37 SERIES OF 1981 A RESOLUTION STATING THI PREFERENCE OF THE CITY COUNCIL OF THE CITY OF IRGLIWOOD, COLOIADO, CORCEllRING REPRESENTATIVE AND SENATORIAL DISTRICTS. COUNCIL MEMBER REAL MOVED TO PASS RESOLUTION RO. 37, SERIES OF 1981. Council Me•ber lilo seconded the motion. Upon a call of the roll, the vote reaulted aa follows: 8:35 p.11. Ayes: Ray1: Council Me•bers Higday, Real, Fitzpatrick, Keena, lilo, Bradshaw, Otis. Rone. '11le Mayor declared the 11<>tion carried. * * * * * * '11lere va1 no further buaine11 to be discussed. * * * * * * COU1'CIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otl1 adjourned the ••eting without a vote .at puty t~er