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Home My WebLink About1981-09-08 (Regular) Meeting MinutesREGULAR HEITING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Sept .. ber 8, 1981 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular ••••ion on September 8, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation wae fiven by Council ·Member Fitzpatrick. Tbe pledge of allegiance was ed by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Meal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: Mone. The Mayor declared a quortm present. * * * * * * Aleo present were: City Manager McCovn Aaeietant City Manager Wanush City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPIOVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 17, 1981. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Raye: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Mone. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Jamee Taylor, 3709 South Sherman, was present. Mr. Taylor diecueeed two kinda of tree problems that exist in the City. One was the insects destroying the Chinese Elms and the second was the Tussock Moth which was destroying Evergreens. September 8, 1981 Page 2 Mr. Taylor atated the problem was worse on rental propertiea because the abaentee owner will not take care of the treea. Mr. Taylor asked Council to conaider a tree care program to re110ve tree limbs from the aidewalk to the curb, to aubaidize the expenae of caring for trees for people on fixed income, or to hire a foreater who would exam the tr••• and enforce a program whereby citizen• would have to take care of their tree• or be fined or assessed a coat if the City would have to come in and take care of them. Council aaked that the problem be diacuaaed further at the retreat on the 1982 budget. • • • • • • Mayor Otia aaked if there were any other visitors in the audience. Bob Brundage, 4140 South Huron, appeared before Council. Mr. Brundage atated he agreed with Mr. Taylor on the tree problem. Mr. Brundage atated another kind of problem existed with dips on Elati and Jefferaon Streeta. Maurice Merlin, 3688 South Sherman, appeared before Council. Mr. Merlin stated he agreed with Mr. Taylor. He stat- ed he take• care of the tree• on hie property but was surround- ed by properties where tree• are not cared for and sprayed. Mr. Merlin auggeated that the City help the citizen who cares for his property. were: • • • • • • '11\ere were no other viaitora at this time. • • • • • • "Co-unicationa -No Action Reco1D1Dended" on the agenda (a) (b) (c) (d) Minutes of the Board of Career Service Com- mi11 ioners meetings of May 28, June 18, July 15, and July 16, 1981. Minutes of the Denver Regional Council of Governments meeting of July 15, 1981. Minute• of the Housing Authority meeting of July 29, 1981. Minute• of the Downtown Development Authority •••ting of July 29, 1981. Sept .. ber 8, 1981 Page 3 (e) (f) Minute• of the Parka and Recreation Commission meeting of Auguat 13, 1981. Municipal Court Activity Report for the month of July, 1981. COUMCIL MEMBER BRADSHAW MOVED TO RECEIVE "COMMUNICATIONS - RO ACTION RECOtlmMDED", AGENDA ITEMS 5(A) -5(F). Council Member Keena aeconded the motion. Council Me•ber Keena noted under 5(e), the recommenda- tion from the eo .. iaaion waa only accepted. Upon a call of the roll, the vote resulted as follows: Ayea: Haya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otia. None. 'lbe Mayor declared the motion carried. * * * * * * Mayor Otia preaented a letter from Mr. Werner Schnackenberg concerning hi• re1ignation from the Water and Sewer Board. COUMCIL MEMBER NEAL MOVED TO ACCEPT MR. SCHNACKENBERG'S RKSIGRATIOI ARD TO SEND HIM A LETTER OF APPRECIATION FOR HIS SER- VICI. Council Me•b•r Bilo aeconded the motion. Upon a call of the roll, th• vote reaulted aa follows: Ayea: lay•: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'ftle Mayor declared the motion carried. Council lnatructed the City Manager to notify citizens who•• letter• are on file and interested in the Water and Sewer Board of thia vacancy; and also, instructed the City Manager to advertise the vacancy. * * * * * * Mayor Otia preaented a letter from Mr. Hart D. Gilchrist concerning hi• reaignation from the Urban Renewal Authority. t • September 8, 1981 Page 4 COUNCIL MEMBER KEENA MOVED TO ACCEPT MR. GILCHRIST'S RESIGRATION AND TO SEND HIM A LETTER OF APPRECIATION FOR HIS SERVICE. 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. * * * * * * Mayor Otis presented the minutes of the special Library loard meeting of September 1, 1981, concerning a recommendation re- lating to the Denver Public Library. COUNCIL MEMBER FITZPATRICK MOVED TO RECEIVE THE RECOM- MERDATION. Council Me•ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea : Raya: Council Members Higday, Neal, Fitzpatrick, Keena, Bllo, Bradshaw, Otis. None. '11le Mayor declared the motion carried. Council Me•ber Bradshaw asked that the Library Board be informed of Council'• receipt of the recommendation and that Council will offer to help the Englewood Library in whatever it could. ORDINARCE RO. 66 SllIIS OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 72 INTRODUCED BY COUNCIL MEMBER BRADSHAW Alf ORDIRAICE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD ARD TR! STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAIRTERARCE or TRAFF I C CONTROL DEVICES ON STATE HIGHWAYS WITHIN TRI CITY OF IMGLEWOOD. Sept .. ber 8, 1981 Paa• 5 COURCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL RO. 72, SIRI!S OF 1981, OR FINAL READING. Council Member Fitz- patrick aeconded the 110tion. Upon a call of the roll, the vote reaulted aa follova: Ayea: Raya: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Mone. 'ftle Mayor declared the motion carried. OIDIRAMCE MO. SIRI!S OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 71 INTRODUCED BY COUNCIL MEMBER NEAL Al OIDIIWtCI RIPIALIMG SICTIOMS l, 2, 3, AND 4 OF CHAPTER 4, TITLI IX, !RGLIWOOD MU1'1CIPAL CODE OF '69, AS AMENDED, CON- CIUIRG FOOD DIALERS. COURCIL MIMIER REAL MOVED TO PASS COUNCIL BILL RO. 71, SIRllS OP 1981, OI PllST READING. Council Member Rigday aeconded the motion. Council Me•ber Real apoke in favor of the bill in that he aav no reaaon to diaallov ice cream trucks. Council Me•b•r Fitzpatrick spoke in opposition. Mr. Fitzpatrick atated a noiae factor was involved. Council Me•ber Higday apoke in favor. He stated the truck• add another di•enaion to reaidential activity. Council Me•ber Bilo oppoaed the bill. Mr. Bilo stated he felt the City did not need the added noise or possible injury to children. Upon a call of the roll, the vote resulted as follows: Ayea: Maya: Council Me•bera Higday, Neal, Keena. Council Me•bera Fitzpatrick, Bilo, Bradshaw, Otia. September 8, 1981 Page 6 'lbe Mayor declared the motion defeated. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 77 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLE IX, CHAPTER 4, SECTION 3, OF THE ENGLEWOOD MUNICIPAL COD! OF '69, AS AMENDED, ALLOWING DELIVERY or FOOD PRODUCTS TO EMPLOYEES OF CO!litERCIAL AND INDUSTRIAL ES- TABLISRMEMTS OR PUBLIC RIGHT-OF-WAY. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 77, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick aeconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY ADDING IN SECTION 9-4-3, 2) THE WORDS "CONSTRUCTION," AFTER "COMMERCIAL". Council Member Rigday aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayea: Raya: Council Members Rigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'ftle Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted aa follova: Ayes: Maya: Council Members Rigday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. 'lbe Mayor declared the motion carried. OllDINAMCE RO. SERIES or 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO Sept .. ber 8, 1981 Page 7 A BILL FOR A1' OIDIMARCI AMENDING TITLE IX, CHAPTER 6, SECTION 35, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS l "GOING-OUT-OF-IUSIRISS SALi". COUNCIL MEMBER llLO MOVED TO PASS COUNCIL BILL NO. 76, SERIES OF 1981, OR FIRST READING. Council Member Fitzpatrick aeconded the •otion. Diacuaaed enaued on the intent of the bill. City At- torney DeWitt atated the bill would provide for a review of sales and bring a buain••• up to current tax payments due. Upon a call of the roll, the vote resulted ae follows: Ayea: Raya: Council Me•bere Higday, Fitzpatrick, Bilo, Otia. Council Me•bera Neal, Keena, Bradshaw. 'ftle Mayor declared the motion carried. ORDIMARCI RO. SERIES or 1981 • • • • * * IY AtrrRORITY A BILL FOR COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER NEAL AR ORDINARCE FOR THE CORTllOL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPOR ARD IRED REMOVAL FROM REAL PROPERTY WITHIN THE CITY OF IRGLIWOOD IR ORDER TO MAINTAIN A CLEAN, BEAUTIFUL AND HEALTHY CITY, ARD PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74, SlllES OF 1981, OR FIRST READING. Council Member Higday sec- onded the 110tlon. Dlacuaaed enaued concerning interpretation and enforce- •ent of certain provialona. COU1'CIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL RO. 74, SllIIS OF 1981. Council Member Bradshaw seconded the •otion. · I Sept .. ber 8, 1981 Page 8 Council Me•ber Keena asked that the topic of cutting weeds on an on-going basis be diacuaaed at the same study session aa Council Bill Ro. 74. City Manager McCovn stated there could be some legal problem• in due process of law for perpetual cutting of weeds. Assistant City Manager Wanush stated the process might be expedited by administrative policy. Upen a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. ORDIMAMCE NO. SERIES or 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AR ORDIRARCE APPROVING THE TRANSFER or REAL PROPERTY TO THE WRITER CORPOIATIOR IR IETUU FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LIRE BETWEEN TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL RO. 78, SERIES OP 1981, OR FIRST READING. Council Member Bilo seconded the 110tion. Upon a call of the roll, the vote resulted aa follows: Aye1: Council Me•ber1 Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Raye: None. 'lbe Mayor declared the motion carried. • * * * • • City Attorney DeWitt transmitted a report on the Dart Board. Mr. DeWitt stated the Court upheld the City Council's de- cision to euapend the Dart Board. Mr. DeWitt suggested that Coun- cil review it• opinion in this matter and consider the appropriate Sept .. ber 8, 1981 Page 9 dar• The Dart Board will aerve it• penalty. Mr. DeWitt suggested de aying at leaat fifteen daya to see if the Dart Board would ap- peal the deciaion. COUNCIL MEMBER REAL MOVED TO TABLE THE DART BOARD MAT- TER. Council Member Hifday aeconded the motion. Upon a call of the roll, the vote reau ted aa follow•: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. 'ftle Mayor declared the motion carried. * * * * * * City Attorney DeWitt tranemitted a report on the matter of Colorado Springe ve. Water Quality Control Commission, City, et al. Mr. DeWitt atated he would keep Council advised of any etepa Colorado Spring• take• in this matter. * * * * * * City Attorney DeWitt preaented a Notice of Termina- tion of Encroachment. Mr. DeWitt requeeted that Council accept the notice of thi• termination of an encroachllent by a land owner to clear the title ao that the property could be aold. COUNCIL MEMBER KIDA MOVED TO APPROVE THE NOTICE OF TllMIRATIOR OP DCROACHMERT DATED SIPTIMIBR 2, 1981. Council Me•ber Bilo eeconded the motion. Upon a call of the roll, the vote reeulted a• follow•: Ayee: Raya: Council Me•bere Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'ftle Mayor declared the motion carried. * * * * * * City Attorney DeWitt stated 7-1-7 dealing with admini- atrative procedures is being prepared with proposed changes and he would preaent the new section at the next regular Council meeting. * * * * * * September 8, 1981 Page 10 City Manager Mccown presented a Council Communication from the Department of Engineerinf Services concerning the award of construction contract for Over ay Program 1981. Mr. Mccown reco .. ended the award of bid go to Titan Sand & Gravel, Inc.; and also, if there are additional funds available, that staff be allowed to negotiate with Titan Sand & Gravel, Inc. for addi- tional work. COUNCIL MEMBER FITZPATRICK MOVED TO AWARD THE BID FOR $165,950.15 TO TITAN SAND & GRAVEL, INC.; AND TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE WITH TITAN SAND & GRAVEL, INC. TO OVERLAY THE ADDITIONAL STREETS. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follow•: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * City Manager Mccown transmitted the proposed 1982 budget. COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON THE PROPOSED 1982 BUDGET FOR MONDAY, SEPTEMBER 28, 1981, AT 7:00 P.M. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayea: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BILO MOVED TO SET THE PUBLIC HEARING ON TR! PROPOSED USES FOR 1982 GENERAL REVENUE SHARING FUNDS FOR MON- DAY, S!PT!MB!R 28, 1981, AT 7:00 P.M. Council Member Keena sec- onded the 110tion. Upon a call of the roll, the vote resulted as follow1: Ayea: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Sept .. ber 8, 1981 Page 11 Maya: Mone. 'ftle Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO AUTHORIZE $1,500 IN SUP- PLEMENTAL P'URDS TO THE ARAPAHOE HOUSE FOR 1981. Council Member Bradahaw aeconded the 110tion. Upon a call of the roll, the vote reaulted aa follow•: 9:15 p.m. Ayea: Raya: Council Members Higday, Meal, Fitzpatrick, Reena, Bilo, Bradshaw, Otis. Mone. 'ftle Mayor declared the motion carried. * * * * * * 'ftlere was no further business to be di•cuased. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURR THE MEETING. Mayor Otis adjourned the meeting without a vote at