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HomeMy WebLinkAbout1981-09-21 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY or ENGLEWOOD, COLORADO September 21, 1981 'ftle City Council of the City of F.nglewood, Arapahoe County, Colorado, met in regular ••••ion on September 21, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. 'ftle invocation was given by Reverend William Mantel, Centennial Lutheran Church, 3959 Weat Belleview. The pledge of allegiance waa led by Mayor Otis. Mayor Otia aaked for roll call. Upon a call of the roll, the following were present: Council Member• Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. Abaent: Council Member Higday. 'ftle Mayor declared a quor\ID present. Mayor Otis stated Council Member Higday was ill and waa not able to attend the meeting. * * * * * * Also preaent were: Acting City Manager Waggoner City Attorney DeWitt Municipal Court Judge Parkinson Deputy City Clerk Watkin• * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES or THE REGULAR MIETIRG OF SEPTEMBER 8, 1981. Council Member Fitzpatrick aeconded the 110tion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MINUTES BY ADD- ING "SITES" AnER THE WORD "CONSTRUCTION" THIRD PARAGRAPH ON PAGE 6. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayea: Maya: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. Sept .. ber 21, 1981 Page 2 Abaent: Council Member Higday. the Mayor declared the motion carried. COUNCIL MBMBIR BRADSHAW MOVED TO AMEND THE MINUTES BY ADDING THE WORD "MADER" Ania "WHATEVER" IN THE FOURTH PARAGRAPH OR PAGE 4. Council Me•ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote reaulted ae follows: Ayea: Maye: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Mone. Council Member Higday. the Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion reaulted aa follow•: Ayes: Maya: Abaent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. Council Member Higday. the Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DICLAllING SIPTIMllR 26, 1981, AS "HUNTING AND FISHING DAY". Coun- cil Me•b•r Fitzpatrick aeconded the motion. Council Me•ber leena spoke against the motion. Ms. Keena atated ahe believed in wildlife management and conserva- tion but had a difficult ti•• proclaiming a day especially for hunting and flahlna when it ia not tied to a greater picture of conservation and management. Ayea: Raye: Council Member• Neal, Fitzpatrick, Bllo, Bradahaw, Otis. Council Member Keena. Sept .. ber 21. 1981 Paa• 3 Abaent: Council Member Higday. 'lbe Mayor declared the motion carried. Mayor Otia preaented the proclamation to pre-scheduled viaitor Walter Samuelaon, 3855 South Lincoln Street. Mr. Samuelson thanked Council for the proclamation. He stated sportsmen furnish approxi•ately 3/4 of the 110ney that it uaed for wild game and trees, etc. Mr. Sa11Uelaon atated it waa the hope of sportsmen to educate the public aa to why there ia a Hunting and Fishing Day. * * * * * * Mayor Otis aaked if there any other visitors at this time. Acting City Manager Waggoner introduced Fire Chief Bro•an who vaa recently employed by the City. J .... Bro•an appeared before Council and expressed appreciation for hi• employment and waa looking forward to work- ing for the City. were: * * * * * * 'lbere were no other visitors at this time. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) Minutes of the Planning and Zoning Commission meeting of July 21, 1981. Minutes of the Enflewood Public Library Ad- visory Board meet ng of August 11. 1981. Minutes of the Board of Adjustment and Ap- peals meeting of August 12, 1981. Minutes of the Denver Regional Council of Governments meeting of August 19, 1981. Minutes of the Englewood Downtown Development Authority meeting of September 9, 1981. Sept .. ber 21, 1911 Paa• 4 (f) (g) M9110randum from the Executive Director - Houaing to the Director of Co-unity De- velopment concerning the Annual Mountain Plain• Regional RAHRO Conference. tt.morandum frOll the Executive Director - Houaing to the Director of Comunity De- velopment concerina the S•all Citi•• Com- munity Development Block Grant Regulation laviev Panel. COUICIL MIMllR UDA MOVID TO ACCIPT "COtMUNICATIONS - 10 ACTIOR UCOlllllDID" AGllDA ITDIS 5A -5G. Council Member Bilo ••conded the 110tion. Upon a call of the roll, the vote resulted a• follow•: Aye•: lay•: Ab•ent: Council Member• Real, Pitzpatrick, Keena, Bilo, Brad•hav, Oti•. Rone. Council Me•b•r Higday. 'lbe Mayor declared the 110tion carried. * * * * * * Acting City Manager Waaaoner pre1ented a Council Com- •unication frOll the Planning and Zoning eo .. i••ion meeting of Sept .. ber 9, 1981, concemina aprpoval of the final subdivision plat of Cottonwood Village in the 800 block of Weit Quincy Ave- nue. COURCIL MIMllR llLO MOVID TO DillCT THI CITY ATTORNEY TO PlllPAlll AlC ORDINAMCI APPIOVIRG THI PLAT. Council Member Keena aeconded the 110tion. Upon a call of the roll, the vote resulted •• follow•: Aye•: Ray1: Ab1ent: Council Member• Real, Pit&patrick, Keena, Bilo, Bradahav, Oti1. None. Council Member Higday. 'lbe Mayor declared the 110tion carried. * * * * * * Sept .. ber 21, 1981 Page 5 ORDIRARCI RO. 67 SIRIIS or 1981 BY AUTHORITY COUNCIL BILL RO. 78 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AR ORDIRARCI APPROVIRG THI TRANSFER OP REAL PROPERTY TO THE WRITlll CORPORATION IR UTUIR FOR RIAL PROPERTY IN ORDER TO SIMPLIFY THI PROPERTY LIRE BITWllR TWO PARTIES OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL IO. 78, SERIES OF 1981, OR FINAL READl'RG. Council Mem- ber Bilo aeconded the 110tion. Upon a call of the roll, the vote reaulted as follow•: Ayea: Raya: Abaent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. Council Member Higday. 'l'he Mayor declared the motion carried. ORDIRARCI RO. SIRIIS or 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 76 INTRODUCED BY COUNCIL MEMBER BILO AR ORDIMARCI AMZMDIRG TITLE IX, CHAPTER 6, SECTION 35, BY ADD- IRG A PIOVISIOR RIQUIRIRG A DEPOSIT Fii FOR A BUSINESS THAT CON- DUCTS A "GOIRG-OUT-OF-BUSIHISS SALi". City Attorney DeWitt reco1111ended tablinf Council Bill Ro. 76 to add reco .. ended language to protect bua neaa owners. COUNCIL MEMBER KllHA MOVED TO TABLE COUNCIL BILL RO. 76, SERIES OP 1981. Council Member Fitzpatrick aeconded the 110tion. Upon a call of the roll, the vote reaulted aa followa: Ayea: Raya: Council Members Neal, Fitzpatrick, Keena, Bllo, Bradahaw, Otis. Rone. Sept .. ber 21, 1981 Paa• 6 Absent: Council Member Higday. The Mayor declared the motion carried. OaDINAMCB NO. SERIES or 1981 * * * * * * BY AUTHORITY A BILL POil COUNCIL BILL NO. 69 IRTRODUCED BY COUNCIL MEMBER BILO AR ORDIRARCE AMIRDING TITLE I, CHAPTER 7, or THI IRGLBWOOD MUlflCIPAL CODI '69, AS AMIRDID, RELATING TO RULIS OP PIOCE- DUlll BIPORI HBAllING BODIES or THI CITY ARD PROVIDING POR AP- PEAL THIRIPROM. City Attorney DeWitt noted a correction on pale 2 1-7-3 (a) (1) first line by changing "City Council" to Liquor Licenae Authority". COUNCIL MEMBER BILO MOVED PASS COUNCIL BILL NO. 69, SIRIIS or 1981, AS AMIRDID ACCORDIRG TO THI CHARGE NOTED BY TRI CITY ATTOIRIY. Council Me•ber Fitzpatrick seconded the 110tlon. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Real, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Me~ber Higday. The Mayor declared the motion carried. ORDINANCE RO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 79 INTRODUCED BY COUNCIL MEMBER NIAL AN OllDINAMCE APPROVING AR EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRicr AND SOUTHGATE SANITATIOR DISTllicr CONCERNING CERTAIN RIAL PROPERTY OWRID BY THE CITY or IRGLEWOOD, COLORADO. I Sept .. ber 21, 1981 Page 7 COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 79, SERIES OP 1981, OR PIRST READING. Council Me•ber Bradahaw eec- onded the motion. In reaponae to Council Me•b•r Neal'• queation, City Attorney DeWitt atated all term• concerning thl• agreement have been reaolved. Upon a call of the roll, the vote reaulted aa follows: Ayee: Raya: Abeent: Council Member• Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otia. None. Council Member Higday. 'lbe Mayor declared the motion carried. USOLUTIOR NO. 41 SERIES or 1981 * * * * * * A RBSOLUTIOR ESTABLISHING DATES or SUSPIRSION OF LIQUOR LICENSE or JOHN W'S D/B/A THI DART BOARD. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 41, SERIES or 1981. Council Member Fitzpatrick atated thia reaolution was a warning to various liquor buaine•••• that City Council will not tolerate violation• of the liquor code. Council Member Bradshaw noted it haa taken 18 month• to reaolve this issue with 'lbe Dart Board. Upon a Ayes: Nays: Absent: call of the roll, the vote resulted aa follows: Council Member• Neal, Fitzpatrick, Keena, Bilo, Bradehaw, Otis. None. Council Member Higday. 'lbe Mayor declared the motion carried. * * * * * * Sept .. ber 21, 1981 Page 8 City Attorney DeWitt transmitted a Writ of Prohibition fr011 Diatrict Court Judge Joyce S. Steinhart prohibiting Judge Louis Parkinaon fro• dia•iaaing "Resisting Arrest" caaea. * * * * * * City Attorney DeWitt stated in the courae of conatruc- ting a aanitary aewer in northwest Englewood, it baa been necessary to acquire certain right-of-waya. Mr. DeWitt stated the grant of aewer line eaaement from Key Saving• & Loan waa pur•uant to the document he delivered at the study ••••ion. Mr. DeWitt asked for approval of this grant. COUNCIL MEMBER KEENA MOVED TO APPROVE THE GRANT OF A SIWD LIRE EASIMIRT FROM KEY SAVINGS & LOAN TO THE CITY OF ENGLE- WOOD. Council Member Neal seconded the motion. Council Member Neal a•k•d if there would be a payment of 11e>ney to Key Savings for the easement. City Attorney DeWitt stated there may be a release of another right-of-way. Mr. DeWitt stated there wa• an alterna- tive of either paying pursuant to a MAI appraisal or pursuant to relea•e of another alternate right-of-way. Council Member Neal asked if the proposed alignment waa consistent with the downtown development program. Acting City Manager Waggoner stated aince it is unknown exactly what the downtown development will con•i•t of, there will be coordination with the plan and the alignment. Also, Little Dry Creek plan• were looked at to make •ure that the pipe will be low enough and wide enough to acco11e>date Little Dry Creek iaprovnent•. Upon a call of the roll, the vote reaulted aa follows: Aye•: Ray•: Abaent: Council Member• Real, Fitzpatrick, Keena, Bilo, Brad•haw, Otia. Rone. Council Member Higday. 'l'be Mayor declared the motion carried. * * * * * * Sept .. ber 21, 1981 Page 9 City Attorney DeWitt atated he would be out-of-town on thia 'l'hurada{ and Friday attending a Colorado Bar Aaeociation meet- ing. He vou d be contacting hie secretary if there are any emer- gencl•• • * * * * * * Acting City Manager Waggoner preaented the 1982 pro- poaed Englewood Downtown Development Authority budget and cover letter fr011 Michael K. Haviland, Executive Director. COUllCIL MINIER BRADSHAW MOVED TO ACCEPT THE INFORMA- TION. Council Member Keena aeconded the motion. City Attorney DeWitt atated approval of the budget would tranapire at the time other City budget matter• would be handled. Upon a call of the roll, the vote reeulted aa follows: Ayea: Raya: Abaent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. Rone. Council Member Hlgday. 'l'he Mayor declared the motion carried. * * * * * * Actlnf City Manager Waggoner preaented a memorand\D from the <2lief of Po lee requeeting to attend an Obacenity Conference in Scottadale, Arizona, November 30 and December 1 and 2, 1981. Mr. Waggoner atated expenaee can be paid out of the exiating budget. COUllCIL MEMBER FITZPATRICK MOVED TO APPIOVE THE OUT- OF-STATI TRIP FOR THI CHIEF OF POLICE TO SCOTTSDALE, AZ. Council Me•b•r Bilo aeconded the motion. Upon a call of the roll, the vote reaulted aa follow•: Ayea: Raya: Absent: Council Member• Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otia. Rone. Council Member Higday. 'l'he Mayor declared the motion carried. * * * * * * Septe•ber 21, 1981 Page 10 Acting City Manafer Wa11on•r preaented a Council Communi- cation from the Planning D vieion concernin1 a requeet for inetalla- tion of banner aero•• South lroadvaf for the "&un for Life". 'l'he requeet i• pr•••nted by St. Anthony • Roepital from September 28th through October 10th. CODICIL MIMlll BRADSHAW MOVED TO APPIOVI THI BA1'1'11 POI ST. ABTHOIY'S lOlt IOI roa LIVI FIOM SIPTIMllR 21TH THaoUGH OCTOBER lOTH. Council Me•b•r Fitzpatrick eeconded the 110tlon. Council Me•b•r Real epoke againet the motion. Mr. Meal noted the diecueaion of having conatant banners. He etated the period of ti•• i• too long for one banner. Council Me•b•r Keena noted that th• buein••• of banners i• propoaed to be under the new Sign Code a• an adminietrative function. Actinf City Manaf•r Wa11oner etated it wae propoaed to eli•inate al banner• v th the exception of tho•• event• aponaored by city, county or achool diatrict. Council Me•ber Bllo agreed with Mr. Meal. Mr. Bilo hoped the propoaed Sign Code would addr••• the problem; but be- cauee of the ti•• fr••• the St. Anthony'• banner ahould be al- lowed. Upon a call of the roll, the vote reaulted •• follows: Ayea: Raya: Abaent: Council Member• Fitzpatrick, Keena, Bilo, Bradahaw, Otia. Council Member Real. Council Member Higday. 'l'he Mayor declared the motion carried. * * * * * * Council thanked Kelle Wa11oner for filling in for City Manager Mccown who waa out-of-town thi• week. • • * * * * Council Member Fitzpatrick welco•ed new people in the audience. • * * * * • Sept .. ber 21, 1981 Page 11 'lbere was no further buaineaa to be diacuaaed. * * * * * * COUNCIL MEMBER RIAL *>VID TO ADJOURN THE MEETING. 8:15 p.11. Mayor Otis adjourned the meeting without a vote at