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Home My WebLink About1981-10-19 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS CITY or IMGLEWOOD, COLORADO October 19, 1981 'lbe City Council of the City of Englewood, Arapahoe County, Colorado, ••t in regular ••••ion on October 19, 1981, at 7:30 p.11. Mayor Otia, prealdlng, called the meeting to order. 'lbe invocation waa given by Bishop Philip W. Nolen, Church of Jeaua Q\rlat of Latter-Day Saint•, Englewood Ward, 999 laat Tuft• Avenue. 'lbe pledge of allegiance was led by Boy Scout Troop 192. Mayor Oti• aaked for roll call. Upon a call of the roll, the following were preaent: Council Me•bera Hlgday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otla. Abaent: Mone. 'lbe Mayor declared a quorum present. • • * * * * Alao preaent were: City Manager Mccown Aaeietant City Manager Wanush City Attorney DeWitt Assistant City Attorney Holland Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins • * * * * * COUNCIL MIMlll UIMA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEITIMG OF OCTOlll 5, 1981. Council Member Fitzpatrick aeconded the 80tion. Upon a call of the roll, the vote resulted a• follow•: Ayea: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Maya: Mone. 'lbe Mayor declared the motion carried. * * * * * * October 19, 1981 Page 2 Pre-acheduled viaitor, Howard Morarie, Jr., 3129 South Sherman, waa preaent and diacuaaed several issues. On the water tower, Mr. Morarie atated thi• iaeue was coating money and there I waa no preaaure being exerted by the City Council to resolve it. Mr. Morarie auggeated callinf a special public hearing to get input fro• citiaena for reao ution. On meetings, Mr. Morarie alleged the meeting• were being held in secrecy. He stated atate law require• city buaineaa to be held publicly and openly. Further, there waa no publication of study session agendas or public recording of atudy ••••ion minutes. Mr. Morarie stated the budget retreat• are held away from City Hall in closed session. Mr. Morarie allefed there waa "rubber stamping" of motions and aaked that Counc l'• voting record be opened up. On the budget, Mr. Morarie queried why there waa a budget for the department of administration when he could not find any section in the code or charter which called for it. On following recommendations from the citizens or the Planning and Zoning Co1111isaion, Mr. Morarie stated Council waa not doing thia. He referred to Council's action on setting the maxi11U11 footage in the obscenity ordinance. Mr. Morarie stated Council did not take the recommendation from the Planning and Zoning co .. iaeion or from the citizens when they wanted to aet the 1,000 foot limit and enter into litiga- tion over the matter. On the agreement for automatic fire calls with surrounding cities, Mr. Morarie atated the City of Littleton baa laid off three firefi&btera and discontinued the operation of one truck due to !nglewooa•a aaaiatance. Mr. Morarie stated Englewood citizen• should have to be paying taxes for this. Council Me•b•r Real stated he thought Mr. Morarie should not uae thia Council •••ting aa a forum for a political speech. Mr. Meal stated if Mr. Morarie had attended the study aeaaiona and Council •••tinge he would know the items about which he spoke had been openly diacuaaed. Mayor Otia stated the Council baa voted differently 71 ti•e• since the 110nth of Auguat. Council Me•ber Pitapatrick stated the previous Coun- cil changed the plane on the water tower and did not hold a public hearing which had alot to do with the situation the City .aa in today. Mr. Fitzpatrick atated Council can not control the courts. Council Me•ber Real stated the citizens should appreci- ate what Council baa done on the iaaue of pornography. 'lbere are no •aaaage parlors in the City and the book •tore ia scheduled for re110val by the end of th• year. Pew co .. unitiee have been able to deal with thia probl... Council decided to take the action that would work not .-bat would appear good in the newspaper. I October 19. 1981 Page 3 Council Me•b•r lilo •tated it wa• important to know a requlr .. ent doe• not exlat that all meeting• had to be held openly or that agenda• had to be publi•hed. Council Me•ber Keena auggeated that enough time had been apent di•cua•ing th••• i••u••· Mr. Morarie 1tated the Mayor had denied a public forum to diacuaa the•e matter• at the Mayor'• coffee and this was why he was diacuaaing them at the meeting. Council Member Higday stated the Mayor's coffee was not a political forwa. Council Me•b•r Brad•haw stated the League of Women Voters va• holding a "Meet 'lbe Candidates" night for the pur- po•e of a political forum. * * * * * * Pre-•cheduled vi1itor, Marvin Maus, Colonial Life & Accident, was pre•ent. Mr. Mau• stated hi• company offered insurance that would •upple•ent the City'• present plan on a voluntary enroll•ent. Mr. Maui reque1ted permission to dis- cuss his company'• plan with the department in charge of bene- fits. Mayor Otia atated Council would take his request under consideration and get back to hi•. * * * * * * Mayor Otis aaked if there were any other visitors at this time. Bob Brundage, 4140 South Huron, appeared before Council. Mr. Brundage hoped for a large voter turn-out for the upcoming election. Mr. Brundage expre11ed diapleaaure at Mr. Morarie's presentation. Mr. Brundage atated a Council meeting was not the right place to make auch a preaentation. * * * * * * Harold Ruat, 3811 South Clarkaon, appeared before Council. Mr. Ruat atated he vaa repreaenting the Malley Cen- ter Trust Fund and requeated approval to print and distribute 2,000 copies of a brochure entitled "Design For Leisure" which explained the purpo•• of the truat fund. Mr. Rust stated the cost would be ,1,441. October 19, 1981 Page 4 "Communication• -No Action Recommended" on the agenda were: (a) Minute• of the Planning and Zoning Commission meeting• of September 15 and 22, 1981. (b) Minute• of the Liquor License Authority meet- ing of September 23, 1981. (c) Memorand\11 from the City Manager and Assistant City Manager concerning their attendance at the annual ICMA Conference in Anaheim, California. (d) Memorand\D from the Director of Public Works, Director of Englneerinf Services and Street Superintendent concern ng their attendance at the APWA Congreaa and Equipment Show in Atlanta. (e) Municipal Court Activity Report for the month of Auguat, 1981. COUNCIL MEMBER KllRA MOVID TO ACCEPT "COMMUNICATIONS - NO ACTION RICOtMINDID", AGIRDA ITEMS 5(A) -5(E). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follow•: A.yea: Nays: Council Me•bera Higday, Neal, Fitzpatrick, Keena, Bllo, Bradehaw, Otis. None. 'l'he Mayor declared the motion carried. ORDINANCE NO. 71 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 75 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THI WHOLE COST OF THE IMPBOVF.MENTS MADE IN DOWNTOWN IMPIOVIMEMT DISTRICT RO. 1980-1, IN THE CITY OF ENGLEWOOD, COLOIADO; APPROVING ARD CORFllMING THE APPORTION- MENT OF SAID COST TO EACH LOT OR TRACT OF LARD IN SAID DISTRICT; ASSESSING A SHAil! OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; PRESCRIBING THI MARNER FOR THE COLLECTION AND PAYMENT OF SAID ASSISSMERTS; ARD DECLARING AB EMERGENCY. I October 19, 1981 Page 5 COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 75, SERIES OF 1981, ON FINAL READING. Council Mem- ber Neal seconded the 11<>tion. Upon 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. ORDINANCE NO. 68 SERIES OF 1981 • * • • * * BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING TITLI I, CHAPTER 7, OF THE ENGLEWOOD MUNICI- PAL CODE '69, AS AMIRDID, ULATING TO RULES OF PROCEDURE BEFORE HEARING BODIES OF THE CITY ARD PROVIDING FOR APPEAL THEREFROM. COUNCIL MIMBIR BILO MOVED TO PASS COUNCIL BILL NO. 69, SERIES OF 1981, OR FINAL READING. Council Member Fitzpatrick seconded the motion. In responae to Council Me•ber Neal's question, City ATtorney DeWitt stated he had received no response in objection to the ordinance. City Attorney DeWitt reco1111ended additional legislation relating to aubpoena in this matter at a later date. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: 'lbe Mayor ORDINANCE NO. SERIES OF 1981 Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. • • * • • • BY AUTHORITY COUNCIL BILL NO. 80 INTRODUCED BY COUNCIL MEMBER KEENA October 19, 1981 Page 6 A BILL POR AN ORDINANCE APPROVING AN AMIRDMINT TO AN AGREEMENT BETWEEN THE I CITY OF ENGLEWOOD, COLORADO, CITY or LITTLETON, COLORADO, AND THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT CONCERNING THE REPLACE- MENT OF LEHOW BRIDGE ACROSS BIG DRY CREEK. COUNCIL MEMBER KEIRA MOVED TO PASS COUNCIL BILL NO. 80, SERIES OF 1981, ON FIRST READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Me•bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL POI COUNCIL BILL NO. 82 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING TITLI IX, CHAPTER 6, SECTION 35, OF THE ENGLEWOOD MUMICIPAL CODE '69, BY ADDING A PROVISION REQUIRING A DEPOSIT FEE FOR A BUSINESS THAT CONDUCTS A "GOING-OUT-OF- BUSINESS SALE." COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 82, SERIES OF 1981, OR FIRST READING. Council Member Bilo seconded the motion. Director of Finance, Gary Higbee, appeared before Council to discuss the bill. Mr. Higbee stated his department had not received any feedback regarding this bill from anyone. Mr. Higbee stated the purpo•e of the bill was to insure that the City received its 31 •ales tax and at the same time not place any undue hardship on businesses. In response to Council Me•ber Bilo's question, City Attorney DeWitt stated some buaines•es have left town before paying the sales tax and recovering of sales tax by the City is an expensive process. Mr. DeWitt stated the ordinance re- quires a deposit to insure sales tax collection. October 19, 1981 Page 7 Council Member Neal spoke against the bill on the basis that taxes should not be collected before the sale. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Members Higday, Neal. 'n\e Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 74 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE FOR THE CONTROL OF ITEMS OF DEBRIS WHICH ACCUMULATE UPON AND NEED REMOVAL FROM RIAL PROPERTY WITHIN THE CITY OF ENGLEWOOD IN ORDER TO MAIRTAIR A CLEAN, BEAUTIFUL AND HEALTHY CITY, AND PROVIDING STANDARDS, PROCEDURES AND REMEDIES THEREFOR. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 74, SERIES OF 1981, ON FIRST READING. Council Member Higday sec- onded the motion. Council Member Neal stated this bill illustrates how Council has worked together. 'n\e bill had been tabled three times for the purpose of preparing a bill that was satisfactory. Council Member Fitzpatrick stated this issue was the biggest complaint of citizens. 'lbe new ordinance cuts .down the time to enforce the cutting of weeds. Mr. Fitzpatrick stated staff has been made aware of work sources that could help the City in controlling weeds. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'n\e Mayor declared the motion carried. * * * * * * October 19, 1981 Page 8 ORDINANCE NO. SERIES OF 1981 BY AUTHORITY A BILL FOil COUNCIL BILL NO. 83 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING COTTONWOOD VILLAGE SUBDIVISION PLAT. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 83, SERIES OF 1981, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Council Member Fitzpatrick was granted permission to suspend the rules for the purpoae of asking if anyone at the meeting objected to the plat. No one objected. 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. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMA- TION DECLARING NOVEMBER 27 AND 28, 1981, AT "HOPE CHEST DAYS". Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted •• follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, lilo, Bradahaw, Otis. None. 'nle Mayor declared the 110tion carried. Mayor Otis read the proclamation and stated he would deliver the proclamation to the Lions Club the following day. * * * * * * City Attorney DeWitt discussed the law suit of Olson Construction Company vs. City of Englewood. Mr. DeWitt stated October 19, 1981 Page 9 the suit involves a diapute over payment of use tax. 'lbe dis- pute arises from a change in legialation on the atate level and contains legal iaeuea the Court will have to decide. Aaaiatant City Attorney, Tom Holland, appeared before Council. Mr. Holland atated the suit ia in connection with the construction of the Allen Water Treatment Plant. Olson Construc- tion Company waa the contractor. Mr. Holland stated the change in statute took place after conatruction began. City Attorney DeWitt stated the City'• contract forms have been changed reflect the change in the statute. COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY AT- TORNEY TO DEFEND THE CITY IM THE MATTER OF OLSON CONSTRUCTION COMPANY VS CITY OF IRGLIWOOD. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'l'he Mayor declared the motion carried. * * * * * * City Attorney DeWitt atated the next bearing in the matter of After 'n\e Fox on a liquor license matter would be November 23, 1981. * * * * * * City Attorney DeWitt atated the hearing on the Vern Mann case againat the City on election claims would be Octo·ber 27, 1981. ORDINANCE NO. 72 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 81 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATIOR or ALL TAXABLE PROPERTY WITHIN THE CITY or ENGLEWOOD, COLORADO, FOR THE YEAR 1982 AND ESTABLISHING A MILL LEVY FOR THI IRGLIWOOD COLORADO DOWNTOWN DEVELOPMENT AU- THORITY ARD DECLARING AR IMIRGIRCY. October 19, 1981 Page 10 COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 81, SERIES OF 1981, OH FINAL READING. Council Member Fitzpatrick 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. * * * * * * City Manager Mccown presented a Council Communication from the Director of Co1111unity Development concerning an out-of- state travel request for the Housing Rehabilitation Technician to attend a training aeaaion in Madison, Wisconsin. Mr. Mccown stated trip expenses would be taken from grant funds. Assistant Director of Community Development (Housing) Frances Jonas was present to answer any questions concerning the request. 'lbere were no questions. COUNCIL MEMBER KEENA MOVED TO APPROVE THE OUT-OF-STATE TRAVEL REQUEST FOR THE HOUSING REHABILITATION TECHNICIAN. Coun- cil Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follow•: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * Council Member Bradshaw instructed the City Attorney to prepare a resolution drawing funds from the Malley Center Trust Fund to pay for the coat of the brochure discussed by Harold Rust earlier in the meeting. Council Member Neal requested written communication from the appropriate parties recommending the withdrawal. * * * * * * October 19, 1981 Page 11 Council Me•ber Bradahaw stated a forum for candidates will be sponaored by the League of Women Voters at the Police/ Fire Center, Thursday, October 22, 1981, at 7:30 p.m. * * * * * * There waa no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 8:30 p.m. J;ilu*~~p la±L<&