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HomeMy WebLinkAbout1981-12-07 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 7, 1981 'ftle City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 7, 1981, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. 'ftle invocation was given by Paster Clifford Sampler, Cherry Hills Fulls Gospel Church, 4860 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troop #92. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. 'ftle Mayor declared a quorum present. * * * * * * Aleo present were: City Manager Mccown City Attorney DeWitt Assistant City Attorney Holland Director of Employee Relations BeVirt Director of Engineering Services Diede Director of Community Development Power a Assistant Director of Community Development -Planning Romans Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 16, 1981. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. December 7, 1981 Page 2 Nays: None. 'lbe Mayor declared the motion carrieG. * * * * * * Pre-schedule visitor Elmer Schwab, 4795 South Inca Street, was present. Mayor Otis presented Mr. Schwab with a service award for serving as a member of City Council from 1968 to 1973. Mr. Schwab thanked Council for the award. * * * * * * Pre-scheduled visitors Fire Fighters Mike Gruninger and Randy Pickrel were present and discussed the ordinance relating to the Career Service System revisions. Mr. Gruninger stated under 5-1-1 dealing with applicability and purpose of the ordinance. He wanted to add a paragraph stating the Board had the right to in- terpret and apply the ordinance in a manner consistent with the Englewood Charter and to assure compliance with the ordinances set forth in Title V. 'nle reason he wanted it added was the Board had to read the ordinances which are the rules they have to go by and if the Board can not interpret the ordinances how can they justify anything they do. City Manager Mccown stated this was one of the recom- mendations made by the Career Service Board back this summer. Mr. Mccown stated there were 41 changes recommended of which 28 were enacted by Council. Mr. Mccown stated staff disagreed with using the term "interpret" because, and he read from a letter from Damas and Smith, the law firm that worked for the City: "'nle City disagrees with the paragraph which would give the Career Service Board the power to interpret ordinances and assure compliance with ordinances. Since this would not only potentially give the Career Service Board certain administrative duties and powers in contra- vention to one of the purposes of the Charter amendemtns, i.e., to reduce adminstrative level of the Career Service Board but it would also potentially expand the duties and powers of the Board beyond those set forth in the Charter amendment." Mr. Gruninger stated he did not know how the Council could agreed to that. Mr. Gruninger stated if one is going to have ordinances, who is going to interpret them. Under "definitions" 5-2-1, Mr. Gruninger discussed the definition of probationary. He asked to have the definition changed to add that probationary employees were entitled to representation under the terms of the appropriate bargaining agreement. December 7, 1981 Page 3 Mr. Gruninger stated the definition of permanent in the ordinance was not the same as in the Charter. Mr. Gruninger discussed 5-1-4 "Method of Appointments". Mr. Gruninger stated there was a problem in that probationary em- ployees do not have the right to vote for board members or sign petitions. Further discussion ensued. Council asked Mr. Gruninger to present his points in writing. Mr. Gruninger stated he would do so but wanted to dis- cuss one more item concerning merit appeals under Section 5-3-1. Mr. Gruninger asked for a written policy indicating from when the time period began for appeals. He asked if there was anyway to say there were only so many calendar days to do this and then so many days after that to begin step 2. * * * * * * Pre-scheduled visitor Don Weber, 4201 South Huron, a member of the Career Service Board, was present. Mr. Weber dis- cussed the question of the Board's power to interpret the ordi- nances. Mr. Weber stated the Board originally submitted that the Board shall have t he right to interpret the ordinance. He stated that anybody who reads something in order to effect it baa to interpret what they read. Mr. Weber stated it would be difficult for the Board to follow the administrative guidelines that are set down in the Career Service System without being able to interpret what they mean. Mr. Weber asked who would inter- pret the ordinance for the Board. In response to Council Member Fitzpatrick's question, Mr. Weber stated the Board interpreted the Charter before it was amended. Council Member Keena stated the Board has the power to effectuate or the authority to cause the policies of the Charter amendment to occur not to interpret them in anyway the Board wishes. Ms. Keena queried if there would be a legal differ- ence. City Attorney DeWitt stated he would tend to think "in- terpret" is a pinpointed and a much more specific act than the act of effectuating the policies of the Charter. Mr. DeWitt stated further research would be needed to accurately define the difference. Mr. Weber stated there were additional things that the Board wanted to discuss with Council and he understood the Career December 7, 1981 Page 4 Service ordinance waa diacuaaed in executive session prior to the Council meeting. Mr. Weber since the Board was not aware of what waa being diacuaaed, he could not comment on it. City Attorney DeWitt stated as a practical matter every- one who would deal with the ordinance whether an employee, the management, the Career Service Board or the Council would inter- pret the ordinance. 'lbe final level of interpretation would be District Courts of the State of Colorado; and ultimately lead- ing to the Colorado Supreme Court. Council Member Higday stated he was not sure the ordi- nance should have been diacuaaed in executive session. * * * * * * Pre-scheduled visitors, Gary Diede -Director of Engineer- ing Services and Willia~ Zmiatowaki -Golf Course Clubhouse Archi- tect, were present and diacuased the award of bid for the golf course clubhouse. Mr. Diede presented background information and Mr. Zmistowaki presented the bid recommendation which was the low bid of Fisher-White Construction Company of Castle Rock, Colorado, in the amount of $711,711.00. Mr. Zmistowski stated the references and experience of Fisher-White qualify them to handle the project. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM SA -COUNCIL COMMUNICATION CONCERNING THE RECOMMENDATION FOR AWARD OF BID FOR THE ENGLEflOOD GOLF COURSE CLUBHOUSE. 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. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BID FOR THE ENGLEWOOD GOLF COURSE CLUBHOUSE TO FISHER-WHITE CONSTRUCTION COM- PANY IN THE AMOUNT OF $711,711.00. Council Member Higday 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. 'lbe Mayor declared the motion carried. * * * * * * December 7, 1981 Page 5 I • At the request of Council Member Neal, Don Weber re- appeared before Council concerning the Career Service Board or- dinance. Mr. Neal stated there wae some substantial questions I raised at the first reading of the ordinance relative to the Board' a authority to modify or change the City Manager's dis- ciplinary actions. 'lbere is a legal opinion that states that the Charter provision currently in force does not provide that power to the Career Service Board. Some members of Council do not think that ie the correct meanin,. Mr. Neal stated he wanted to solict an opinion from the Board • attorney in regard to that Charter provision in term• of whether or not that power can be delegated to Career Service Board. Mr. Weber stated the attorney's opinion and additional information pertinent to the question would be provided. Mr. Neal asked that the information be provided before the next Council meeting. * * * * * * Mayor Otis asked if there were other visitors at this time. * * * * * * Barbara Adame, 4981 South Clarkson, appeared before Council. Ma. Adame submitted petitions protesting the possible closing of Duncan Library. Ma. Adame stated reasons to keep the library open were: 1) it provides accessibility to children; 2) it provides a way for children to become comfortable using a library; 3) it provide• acce11ibility for elderly who now have the ti•• to uae it; 4) the library has only been opened a year and a half and need• expanded publication; and 5) the library is available more hour• than the bookmobile. COUNCIL MEMBER BRADSHAW MOVED THAT COUNCIL RECONSIDER KllPIHG THI DUNCAN LIBRARY ORI MORI YEAR AND TAKE A LOOK AT THE STATISTICS ON IT. Council Member Higday seconded the motion. Council Member Keena appreciated Ma. Adams's appeal and noted $9,000 i• being epent at Duncan. Me. Keena stated Englewood waa a ••all enough city that to travel from the Dun- can neighborhood to the ••in library, two miles, should not be a hardship. She stated ehe would be more sympathetic if the neighborhood waa Centennial which la nine miles from the li- brary. Ma. Keena stated the concern should be with making the library more aervicable to all citizens. December 7, 1981 Page 6 Ma. Adame diacuaaed keeping the center open for the purpoae of uaing a building that would otherwise be vacant. Council Member Keena stated the present proposal is to take the fund• required for Duncan staffing and use it for the main library for technical service improvements. Ma. Adame stated ahe waa aware of that proposal. City Manager Mccown informed Council it might cost more than $9,300 to keep the center open. Staff might have to request more money for technical services at the main library anyway. Council Me•ber Higday atated he was not sure the de- cision made at the budget retreat to cloae the center was pro- perly analysed. Mr. Higday stated he haa been contacted by nu- meroua people requeatinf to keep the center open. Mr. Higday stated he vieited the 1 brary and wae convinced the library was providing a valuable eervice. Mr. Higday supported keeping the library open one more and taking a look at the statistics there- after. Mr. Higday aleo euggeeted re-evaluating the use of the bookmobile veraua opening other aatellite library centers. Me. Adams stated the boolcm-bbile is not available at con- venient times for some citizen•' u1 1e, and does not provide faci- lities for the handicap. Upon a call of the roll, the vote on the motion to keep Duncan Center upon one more year and take a look at the statistics on it resulted aa followa: Ayes: Naya: Council Members H'Lgday, Neal, Bilo, Bradahaw, Otis. Council Members J.:'itzpatrick, Keena. 'lbe Mayor declared the motion carried. Council Member Bilo stated the reason he voted in favor of the motion waa unleaa there was a reason for a different opera- tion for that facility, he could see no justification. Council Member Higday hoped the same staff members stayed at the center. • • * * * * Bob Brundage, 4140 South Huron, a member of the Career Service System, appeared before Council. Mr. Brundage stated juat prior to the laet Council session, a study session was held regarding the Career Service ordinance. Mr. Brundage asked if Mike Smith waa in that study session. December 7, 1981 Page 7 Council answered that he was. Mr. Brundage aeked why after he voiced hie objections to every City Council .member after that meeting about the amend- ment which removed the power of the Career Service to modify the action of the appointing authority, it was necessary to have an executive aeeeion tonight with Mike Smith. Council Member Bradehaw stated the original request for an executive session came from her conversation with the City Attorney and it was to only deal with legal issues. Council Member Keena stated the majority of the conversa- tion was litigation in which the City wae involved, not involving the Career Service. Ma. Keena stated the executive session was not totally devoted to Mike Smith and Career Service Board. A substantial portion of the meeting dealt with four other cases. Mr. Brundage did not think it wae necessary to have an executive etudy session. Mr. Brundage read a paragraph under 1:38:4 (1) "Duties and Power• of the Career Service Board", page 19 of the draft which stated, "Council shall enact appropriate ordinances govern- ing the etandarde and procedure• with respect of any of the fore- going dutiee and powers of the Board. Council may also enact appropriate ordinance to provide epecial assistance to the Board ae may be neceeeary or deeirable". Mr. Brundage stated such langu- age give• the Council the licenee to give the Career Service Board the power to modify. Me. Keena stated there was legitimate concern expressed by Mr. Brundage'• part about executive sessions. Ms. Keena sug- geeted that Council vote prior to having an executive session. Further, that the reaeon be written out prior to voting, and if the topic changes while in executive seseion, the discussion would cease and someone would have the responsibility of restating the reaeon and the need to carry on. Council Member Bradehaw stated the intent of having an executive ••••ion wae to diecuee legal issues the City At- torney had brought to her attention having nothing to do with Career Service Board. She etated she wae surprised to see Mike Smith at the study ••••ion. Council Member Neal stated he asked Mike Smith to be present at the etudy aeeeion. Mr. Brundage expreeeed hie dissatisfaction with Mike Smith working with the amendments and the effect it was having on the Career Service Board. * * * * * * December 7, 1981 Page 8 'lbere were no further visitors to speak at this time. * * * * * * COUNCIL MEMBER KEENA MOVED TO OPEN THE PUBLIC HEARING ON REVENUE SHARING FUNDS. Council Member Fitzpatrick 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. 'lbe Mayor declared the motion carried. Director of Finance Gary Higbee came forward to make the presentation. Mr. Higbee proposed to use revenue sharing funds in the 1982 general fund budget for public safety -per- sonal service purposes. Mr. Higbee recommended using the 1982 entitlement funds in the amount $575,000 and the remainder of 1980 and 1981 entitlement funds totalling $1,268,000. 'lbere were no questions from Council nor the audience. COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) Minutes of the Board of Adjustment and Appeals meeting of October 14, 1981. Minute• of the Board of Career Service Com- miaa ionera meeting of October 15, 1981. Minute• of the Planning and Zoning Commission meeting of October 20, 1981. Minutes of the Denver Regional Council of Governments meeting of October 21, 1981. December 7, 1981 Page 9 (e) (f) Minute• of the Liquor License Authority meetings of October 28, and November 18, 1981. Minutes of the Urban Renewal Authority meet- ing• of October 28 and November 10, 1981. (g) Minute• of the Housing Authority meeting of October 29, 1981. (h) Minute• of the Water and Sewer Board meeting of Nove•ber 10, 1981. (i) Minutes of the Public Library Advisory Board •••ting of November 10, 1981. (j) Minute• of the Parka and Recreation Commission meeting of Nov .. ber 12, 1981. (k) Minute• of the Downtown Development Authority •••ting of Nove•ber 18, 1981. (1) Me11e>randum fro• the Director of Parks and Re- creation concerning hie attendnace at the 1981 National Congreaa on Parka and Recreation. COUNCIL MBMIER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOIMENDED" AGENDA ITEMS 5A -5L. Council Member Fitz- patrick aeconded the motion. Upon a call of the roll, the vote reaulted •• follow•: Ayes: Raya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO BRING FORWARD AGENDA I ITEM SD -COUNCIL COtMUNICATION CONCERNING THE COLORADO INTER- GOVEllMMENTAL RISK SHARING AGENCY. Council Member Higday sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fltzpatrick, Keena, Bilo, Bradshaw, Otis. December 7, 1981 Page 10 Naya: None. 'Dle Mayor declared the motion carried. City Manager Mccown stated there was a bill concerning entering into a contract for a self-insurance pool program in the packet for Council'• consideration on first reading. 'lbe communi- cation concerns a project which alot of people who are experts in the industry have worked on for over a year and put in considerable time and effort. 'lbere are other states are doing this, in parti- cular, the State of Illinois who has been highly successful. Staff feels it needs a great deal of time and study; and perhaps Council feels the aame way. Mr. Mccown stated staff would not be recommend- ing thia to Council if it were not a good program that would provide good and basic services for the City at a cheaper cost which is ul- timately cheaper coats to the taxpayer. Mr. Mccown stated the City waa self-insured in ita health and dental programs and was the first municipality in the metro area to self-insure for medical and den- tal insurance. Mr. Mccown likened the objections that have been voiced thua far about thia proposal to those raised when the City was proposing self-insurance for medical and dental. Mr. Mccown stated today the City's health and dental self-insurance plan is the envy of moat other cities in the Denver metro area because it ia an excellent program. Mr. Mccown urged Council to take time to study the proposal before making a decision on it.· Director of Finance Gary Higbee came forward and re- inforced Mr. McCown's statements. Mr. Higbee stated there were 40 pools throughout the United States similar to the one pro- posed for Colorado. In response to Council Member Keena's question, Mr. Higbee stated 22 municipalities have participated in the forma- t ion of the pool. Mr. Higbee stated he did not know how many cities would decide to join the pool. Further, there were a n\Dber of cities that had to commit to the pool before it could move forward and the exact n\Dber would depend on the make-up of the cities. 'lbe directors of the board would be elected by representatives and the representatives would be selected by Council. Council Member Neal raised a question concerning the errors and omissions clause. Mr. Neal stated he would vote in favor of the self-insurance pool as long as single coverage would be kept in force that would continue to cover those liabilities that perhaps have incurred or not incurred over the l2at two years. Council Member Keena asked that prior to second read- ing the City Attorney provide an interpretation if this plan December 7, 1981 Paa• 11 would aake hi• job better or worse; would it make Englewood easier to do fend; is it an l11provo11ent over thu job hu has now in term• in the City'• variety of inaurances. Council Member Fit&?atrlck asked who would regulate the cost of inaurancv. Mr. Higbee atated the board members would establish r.ate11 on an annual hasis. Mr. RiRhee stated every city that join• the pool would receive a lOX reduction i11 their curr4:!nt rate• for the fir1t year. After two or three years, the board ... ber1 would have enough experience on each city to be able to oatabll11h rates. ORDINANCE NO. SERIES OF 1981-- BY AUTHORITY A uu .. a.. ... OK COUNCIL BILL NO. 91 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCK AUTHORIZING THE ENTERING INTO OF A CONTRACT FOR A SELF-INSURANCE POOL. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL MO. 91, SERIES OF 1981, OM FIRST READING. Council Member Keena seconded the motion. Council Member Keena urged Council to vote in favor of the bill on fir1t readinf and to cauae a study session to occur to dlRCUBBu~ tho dctnll11 be ore socond re~ding. Council Memher Risday stated the tl11lng was wrong to act on this propoaal. Mr. Higday noted the rates with the pre- aent in1urance carrier have gone down this year and can go down farther if the City cbana•• thing• that have been recommended by the insurance aaent. Mr. Higday queried whether the pool propoaal waa ref lned enouah to be compared to health self-in- aurance plan. Mr. Hiaday stated the City will probably end up paying a risk manager, paying for other cities' losses, and would not get the kind service it receives now. Mr. McCown stated he was not comparing the two types of aelf-inaurance, he was comparlna the reactlon to the types. Counci1 Me•b•r Bradshaw atated the iasue needs further study. Virat reading ahova intereat not a final commicment. December 7, 1981 Page 12 Upon a call of the roll, the vote to pass Council Bill No. 91, Series of 1981, on first reading resulted as follows: Ayea: Nays: Council· Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. ThC;l Mayor d~clarecl the aaot lon carl:'l~cl. * * * * * * Mayor Oti~ declared a r~c~•• at 9:10 p.m. Council r~­ convened at 9:30 p.m. Mayor Otia asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, lilo, Bradshaw, Otis. Absont: None. The Mayor declared a quorum present. * * * * * * Director of Community Development Sue Powars presented a Council Co1111unication concerning the adoption of the 1982 Ur- ban Renewal Authority Budget. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE TKE 1982 BUD- GET FOR THE URBAN lllMEWAL Atn'HORITY AND TO DIRECT THE CITY AT- TORNKY '00 PREPARE A RESOLUTION ADOPTING THE BUDGET. Council Me•ber Neal seconded the motion. Upon a call of the roll, the vote resulted aa follow1: Ayea: Maya: Council Members Hi3day, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'nle Mayor declared the 110tlon cArried. * * * * * * Aaaiatant Director of eo ... unity Development -Planning Dorothy 1o .. na preaented a Council eo .. unication fro• the Plan- ning and Zoning co .. is8lon mooting of November 17, 1981, concern- ing approval of a final plat aubdivlaion on Navajo Street Industrial Park. December 7, 1981 Page 13 COUNCIL MEMBER BRADSHAW MOVID TO RBCKIVI THE REPORT AND RECOflMKNDATlON AND TO DlRICT THK CITY ATTORNKY TO PRF.PARE THI NICISSARY LIGAL DOCUMENTS APP&OVINC TKI PLAT. Council Mem- ber Keena aeconded the motlon. Upon a call of the roll, the vote reaulted a1 follow1: Ayea: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. The Mayor declared the motion carried. * * * * * * Aaai1tant Director of CollllUDity Development -Planning Dorothy lomana presented a Council eo .. unication from the Plan- ning and Zoning eo .. iaaion meeting of Rovember .17, 1981, concern- ing vacating the right-of-way for the turning radiu1 which was required at the time of annexation from the property formerly identifled as 1485 West Tufts Avenue. COUNCIL MEMBER BRADSHAW MOVED TO RECEIVE THE MEMORAN- DUM UNDER AGBHDA ITEM 6B CONCERNING TRI VACATION AND TO DIRECT _.,. 1'HK CI'r'l A'l"l'OlUU-:Y '1'0 PltEPARE AN OltDINANc .. ; APPROVING 'l'H~ VACA'l'ION. Council Member Keena seconded the motion. Upon a call of the roll, the vote reaulted ae followe: Ayea: Nays: Council Member• Hiaday, Neal, Fitzpatrick, Keena, Bilo, Brada&aw, Otis. None. The Mayor declared the motion carried. * * * * * * Assistant Director of Community Development -Planning Dorothy Romane preeented a Council Co .. unication from the Plan- ning and Zoning Commission meeting of November 17, 1981, concern- ing a vacation of right-of-way in Block 4, Higgin• South Broadway Heights. Ms. Romana stated the vacation ie the portion of the I alley in Block 4, Riggin• South Broadway Height• Subdivision, which adjolne Lot 20 on the south and accept a perpetual easement for a turning radius on the weat aide of Lota 31 and 32 of Block 4, Higgne South Broadway Heights. Council Member Neal queried whether legally or not the City could get back the land if it was not developed according to the plan. December 7, 1981 Page 14 City Attorney DeWitt stated he could stru~ture in the ordinance that the signing of the vacation document• contingent upon the plane that were approved by the City. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY ATTORNEY TO PREPARR ·rHE NECKSSARY ORDINANCK TO ACCOMPLISK TKE VACA'rtON CONTINGENT UPON THE DEVELOPER ACTUALLY DEVELOPING THI PROPERTY. Council Member Keena aeconded the motion. Upon a call of the roll, the vote reaulted a• follow•: Ayea: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brad1haw, Otl1. None. 'ftle Mayor declared the motion carried. * * * * * * Director of Co1111unlty Development Sue Powers presented a Council co .. unication concerning the revised agreement between the City and Englewood Houaing Authority for Houaing Rehab Pro- gram. The amend•enta include reflecting the specific references to federal regulation• a• required by RUD; amending the agreeaent betweun Englewood Housing Autho~ity and the bank for loan program; \.J and other technical change1. COUNCIL MEMBER KEENA MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AMENDING THE AGREEMENT BETWEEN THE CITY AND ENGLEWOOD ROUSING AUTHORITY FOR HOUSING REHAB PROGRAM. Coun- cil Member Bradahaw aeconded the motion. Upon a call of the roll, the vote reeulted ae follow•: Ayes: Nays: Council Members Hlgday, Neal, Fitzpatrick, Keena, Bilo, Brad1haw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 84 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENt;j.EWOOD, COLORADO, FOR TKE FISCAL YEAR 1982 AND DECLARING At\ EHERG 'ENCY. December 7, 1981 Page 15 COUNCIL MEMBER Fl'rZPATRICK MOVED ·ro PASS COUNCIL Bll~L NO. 84, SF.RIF.S OF 1981, ON FlRS'r READING. Council Member Neal seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION BY ADDING AN 1-:M~RGto;NCY PASSAGI-: UNOt-:lt Sl~C'rION 3. Counci 1 Me1obur Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Mt!mbers KJ.gday, Neal, J.t .. it~patr i.ck, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the 1aotion carried. ORDINANC1'; NO. SERIRS OF 1981 * * * * * * BY AU'l'HORI'rY COUNCIL BILL NO. 85 INTRODUCED BY COUNCIL MEM8~R N~L AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YF..AR BEGINNING JANUARY l, 1982 AND ENDING DECEMBER 31, 1982, CONSTl'l'UTING WHA'r IS TERMED TRE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1982, AND DECLARING AN EMERGENCY. COUNCIL MEMBER NEAL MOVED '1'0 PASS COUNCIL BILL NO. 85, SERIKS OF 1981, ON FIRS't Rl::ADING. Council Member Kvona seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND THE MOTION BY ADDING AM EMERGENCY CLAUSE UNDER SECtlON 6 AND coaaBCTING THE FIGURES. Council Member Neal seconded the motlon. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. December 7, 1981 Page 16 Nays: None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '11\e Mayor declared the motion ~arried. OllDIMANCE NO. 77 SElllES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 86 INTRODUCED BY COUNCIL MEMBKR BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AMD AllAPAROE llEGIORAL LIBRAllY 01s·ra1c1· FOR 1982. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 86, SERIES OF 1981, ON FINAL READING. Council Member Fitz- patrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fit~patrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. OllDINANCE NO. 78 SERIES OF 1981 * * * * * * BY AUTHOR1'£Y COUNCIL BILL NO. 87 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN OllDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND '1'HK Cl-~N'l'AAL COLORADO LIBRARY SYS'1'~M R~GARDlNG R~­ CIPROCAL BORROWING PROGRAM. December 7, 1981 Page 17 COUNCIL HEMB~R Fl'rZPATRICK MOVED ·ro PAS~ ~OUNCIL B Il~T. NO. 8 7, SERI l'.S OF 1981, ON FINAL READING. Co .. me l l Hc1n- ber Keena aeconded the motion. Upon a call of the roll, the vote reaulted ae follow•: Ayos: Nays: Council Hemburs Fitzpatrick, Keena, Bllo, Bradehaw, Otis. Council Member• Hlgday, Neal. 'lbe Mayor declared the motion carried. ORDINANCE NO. 79 SERIES OF 1981 * * * * * * BY AUTHORITY COUNCIL BILL NO. 88 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCK AUTHORIZING COUNCIL BOARDS AND COtiMISSION TO ISSUE SUBPOENAS ADDING TO TITLE I, ARTICLE 7 or TKB ENGLEWOOD MUNICIPAL CODE, 196, A NEW SECTION II. COUNCIL MF.HBl~R Ktt;fe:NA Movgo ·ro PASS COUNCIL BILL NO. 88, SERIES OF 1981, ON FINAL READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Hlgday, Neal, Pltzpatrick, Keena, Bilo, Bradehaw, Otle. None. The Mayor declared the motion carried. ORDINANCE NO. SERIKS OF 1981 __ _ * * * * * * BY AUTHORITY COUNCIL BILL NO. 89 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE ADOPTING REVISION TO TKE ENGLEWOOD MUNICIPAL CODE OP 1969 AS AMENDED, RELATING TO THE CAREER SERVICE SYSTEM OF THE CITY OP' INGLIWOOD, TITL~ V AND REPJl'.ALING CURRENT TITL~ V, EXCT.UD- ING ·r1·ra.K v, CttAP'f~K 9. December 7, 1981 Page 18 COUNCIL MEMBER KIGDAY MOVED TO TABLE COUNCIL BILL NO. 89, SF.RIF.S OF 1981. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vot8 resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Kucna, Bilo, Braclshaw, Otis. None. 'l'he Mayc:n· cJec.:larttcJ the;t 111otlon carrl~cJ. ORDINANCE NO. SERIF.S OF 1981~~ * * * * * * BY AU'l'HORl'tY COUNCIL BILL NO. 90 INTRODUCED BY COUNCIL MEMBER COUNCIL MEMBER HIGDAY MOVED TO POSTPONE COUNCIL BILL NO. 90, SERif:S 01'" 1981, UNTii~ 'fHK SECOND MEK'rING IN JANUARY, 1982. Council Member Keena seconded the motion. Upon a call of the roll, the vot8 resulted as follows: Nays: Counc.:.i.. l Membt:t"s Higday, Neal, r"it~patrlck, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council instructed the City Manager to set up a study session to discuss Council Bill No. 90. * * * * * * City Attorney DeWitt inform•~ Council the bill for an ordinance correcting an agreement of 1969 acquiring right-of-way for City of Englewood water utility providing property owner with access over Englewood property waa not prepared. Terms of the agreement are still being dlacuaaed. RESOLUTION MO. 48 SERIKS OF 1981 * * * * * * A iu-:soa.u·l' 10N ~'l'AlSl.lSlllN<i A JUl>lClAI. Rlo~V ll!:W COMHl'l"l'~I~. December 7, 1981 Page 19 COUNCIL MEMBKR BRADSHAW MOVED TO PASS RESOLUTION NO. '•8, SERI 11,S OF 198 L. Counc l l Me11hor Fi t~pat r lck socc>n,lc.ul tbe motion. COUNCIL MEMBER BILO MOVED TO AMEND TRI MOTION AND CllANGte; 'l·K~ ·1· 1·r1..I!: oto• 'l'K~ COMMl'r'L'b:~ '1'0 .. JUDlClA&Y ADMlNlS'l'KA'l' 1 va:: REVIEW COMMISSION". Council Member lteena aeconded the motion. Upon a call of the roll, the vote reeulted •• follow1: Ayes: Nays: Council Membvra Kigday, Neal, Fit~p~trick, Keena, Bilo, Bradahaw, Oti1. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion to pass Resolution No. 48, Seri•• of 1981, reaulted as follows: Ay~s: Nays: Council Meanbera Kigday, Neal, J.t'it4'patrick, Keena, Bilo, Bradahaw, Otla. None. Tbe Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO MAKE THE FOLLOWING APPOINTMENTS TO THE JUDICIARY ADMINIS'tRATIVI lllVIIW COMMISSION: LEONARD CHESLER, JIMMY CURNF.S, ED PAYNE, DALR DURAN, AND HARRY FLEENOR. Council Member Keena seconded the motion. Upon a call of the roll, the votu reaulted us follows: Ayes: Nays: Council Members Rigday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otia. None. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt noted a typographical error in the next item for conaideratlon which was a resolution concerning golf cours~ feea. Mr. DeWitt stated under Section 1, B, Daily Green Fees -Green Fees -18 Hole, the amount should be $6.25, not $6.00. RESOLUTION NO. 49 SERI p;s OF 1981 A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICI~AL GOLF COORS~. December 7, 1981 Page 20 COUNCIL MEHB~R BRADSHAW MOVED ·ro PASS R~SOLUTION NO. '•9. SF.RIP!S OF l98l. Council Memher Fi.tv.p11tri.ck soconclccl the motion. Diacuaeion ensued concerning a request for the Parke and ltc:cr•~at ion Co1u1ulsH ion to ruv le:!W tht! rusolut ion bl~furc ac- tion by Council. COUNCIL M~HBER RIGADY MOVED TO TABLE RESOLUTION NO. 49, S~lt1 .. :s 01' .. 1981. Council M.,mbur lir~Jt1haw sucunJuc.l the motion. Upon a call of the roll, the vote resulted as follows: · Ayes: Nays: Council Members Rigday, Fitzpatrick, Keena, Bilo, Bradebaw. Council Members Neal, Otis. The Mayor declared the motion carried. RESOLUTION NO. 50 SERIES OF 1981 * * * * * * A RESOLUTION ADOPTING INTERIM CAREER SERVICE SYSTEM PROVISIONS. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 50, SERIES OF 1981. Council Member Bradshaw seconded the motion. Upon a cRll of the roll, the vote resulted as follows: .. Nays: .... •..-.Couao.11 •aaDiv-• Hig4v-t~· Ilea•:, ,~,a~k .. ,r,' · Keena, Bllo, Bradshaw, Otis. None. The Mayor declared the motior, carried. RESOLUTION NO. 51 SERIES OF 1981 * * * * * * A RESOl..UTlON APPROVING AN AGREEHEN'r Wl'rH PUBLIC SERVlCK COMPANY OF COLORADO GRANTING A LICENSE ·ro INSTALL A FOUR-INCH GAS MAIN IN MUNICIPAL PROPERTY. COUNCIL MEHBKR KKKNA MOV~D 'to PASS K~~OLUTION NO. 51, SERIKS OF 1981. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted aa follows: December 7, 1981 Page 21 Ayes: Nays: Council Members Kigday, Neal, Fit1'pa.trick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declareJ the motlon cRrried. RESOLUTION NO. 52 SERIES OF 1981 * * * * * * A RESOLUTION REQUESTING CONGRESSIONAL APPROVAL OF H.R. 3781 AND s. 1701 R~l..A'rlNG ·ro 'l'H~ 1..0CA'flON 01"'" MISS LNG CH1LDR~N. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 52, SERl&S OF 1981. Council Member Fitzpatrick •econded the motion. Upon a call of the roll, the vot~ resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motlon carried. * * * * * * City Attorney DeWitt discussed the legal matter regarding the Oddfellowa Building & Investment Company vs. the City of Engle- wood anc.l r~4ueste<l per1aia11Lon tu dufend the City in the case. COUNClL M .. :Mlil~R t-•1·r~PA'rRICK MOVED ·ro AUTHORIZE 'l'lil£ Cl'r'l ATrORNEY ·ro DEFEND ·rttE CITY IN THE CASE OF ODDFELLOWS BUILDING & INVliS'rMKN'r COMPANY VS. 'fKK CI'f'l OF ENGLEWOOD. Council Member Keena 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. * * * * * * City Attorney DeWitt discussed the acquisition of pro- perty for the purpoae of providing inlet facilities to the pro- poauJ flood dc:tvntion are1.1 un school property. Mr. DeWitt stat~d December 7, 1981 Page 22 certain portions have been acquired and there la one more plece of property that necd8 to be purchaAed to co•plete the ncqulaltlon. Mr. DeWitt asked permission to settle on the laat portlon for $5,000. COUNCIL MKMBKR NF.AL MOVID TO AUTHORlXK TMK c1·ry A.'r- TORNEY ·ro SETrLE THE CASE or PURCHASING THI LAIT POITlOI or PROPERTY FOR FLOOD DETKNTIOM PO& $5,000. Counoll Member Plta- patrlck seconded the 110tlon. Upon a call of the roll, the vote resulted us followa: Ayes: Nays: Council Mellbera Rl&d&J, leal, fltapatrlck, Keena, lllo, ll'ad1fiAv, Otl1. None. 'lbe Mayor declared the 110tlon carrled. * * * * * * City Attorney DeWitt polnted out hla office has been pursuing the violation• of City ordinance by an establishment called MileHigh Bathhouse located on South Santa Fe. Mr. DeWitt requested authority of City Council to pursue a civil action against the cRtabllshment to enjoln them from violatlon of the municipal ordinances. COUNCIL MEMBER BRADSHAW MOVBD TO AUTHORIZE THE CITY ATl'ORNf:Y ·ro BRING AN AC'rION AGAINST ·rHE MILE-HIGH ISA'rHKOUS~. Council Member Neal seconded the motion. Upon a call of the roll, the vote ruaulted as follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. The Mayor declared the llOtion carried. * * * * * * Council Membe 1 r Fitapatfrfick preaentefd a Cohunc 1 11 81 commdu 1 nica-•. tion concerninp, the se ection o ir11 to per orm t e 9 au t. Mr. Fitzpatrick atated both he and Ma. Keena along with members of the City staff processed the selection. Mr. Fitzpatrick stated the c<>11111ttee reco .. ended the firm of Lehman, Butterwick & Co. Mr. Flt¥patrlck added the firm's proposal was inclusive uf an in-- depth study of sales tax. December 7, 1981 Page 23 COUNClJ., MKMB~R Fl'fZPA'rRICK MOVED ·ro SF.LRC'l' LEHMAN' BUTrKRWICK & co. ' TO PERFORM 1'HI'. 1981 AUDl'r l N 'l'HI•: AMOIJN1' OF $39,900 INCLUSIVE or A IN-DIPTK STUDY OF SALIS TAX REV~NU~~. Council Member Keena seconded the 110tlon. Upon a call of the roll, the vote resulted aa follow•: Ayes: Naya: Council Member• Higday, Neal, Fitzpatrlck, . Keena. Bi lo, Bradshaw. Otis. Nont1. 'ftle Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communicatlon and resolution concerning the vehicle methane gas conversion kits. RESOLUTION NO. 53 SERigs OF 1981 A RESOLUTION AMENDING THE GENERAL FUND AND SERIVCENTKR FUND. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 53, SERI~S Of 1981. Council Member Neal seconJed the motion. Upon a call of the roll, the vote reaulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor dtsclared the motio·n carried. RESOLUTION NO. 54 SERI~S OF 1981 * * * * * * A RF.SOl .. UT10N FOR A BF.N1'~F1T SYS'rte:M FOR MANAGF.RIAT .. AND SUPl~RVtSORY EMPLOY~~s OF ·rKE VlRg O&PARTMENT OF TKE CITY OF ~NGLgwooo. COLO.RADO. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 54, SERIES OF 1981. Council Member Neal seconded the motion. Upon a call of the roll, the vote reaulted •• follows: Ayea: Council Member• Hlgday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. December 7, 1981 Page 24 Nays: None. 'l'ht! Mayor tleclar~tl the motion carri~d. RESOLUTION NO. 55 SERllS OF 1981 * * * * * * A 1.u:SOLU'l'lON VOK A a1o:N1o:...-1·r S'i:>'l'~M lt'OK HANAG1t:K1Ar .. AND SUL'l~lt1V08lt'l EMPLOYEKS or TKK POLICE DEPARTMENT or THE CITY OF ENGLEWOOD, COLORADO. COUNClL KKKH~K Nto:AL HOV~U TO PASS K~SOLUTlON NO. 55, SERIES OF 1981. Council Member Keena seconded the motion. COUNCIL MEMBER BRADSHAW MOVED TO AMEND TRE MOTION AND COllEC'r TRE DATE UNDER ARTICLE 111. LONGEVI't~ "YEARS OF CONTINUOUS SERVICE AS OF" TO l/l/82. Council Me•ber Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. 'lbe Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 56 SERIKS OF 1981 * * * * * * A RESOLUTION FOR A BENEFIT SYSTEM FOR MANAGERIAL AND SUPERVISORY EMPLOYEIS IN TRE DEPARTMENTS OF COMMUNITY DEVELOPMENT, EMPLOYEE RELATIONS, ENGINEgRING, FINANCE, LIBRARY, PARKS AND RECREATION, PUBLIC WORKS, UTILITIES, WASTIWATIR TllATMENT PLANT, AND MUNICIPAL COURT OF ·rHE CITY OF ENGLEWOOD, COLORADO. December 7, 1981 Page 25 COUNCIL MEMB~R KEENA MOVED TO PASS R~SOLUTION NO. 56, SERIF.S OF 1981. Councll Memher Fitzpatrick seconded the motlon. COUNCIL MEMBER BRADSHAW MOVED TO AMINO TRI M'lTION BY ADDING "ADMINISTRATIOIC ASSISTANT -LIBllAllY" UNDER POSIT'.l'OMS RE- PRESKN'l'KD BY THIS Rgso1 .. UTION. Council Member KQenQ seconJud the motion. Upon a call of the roll, the vote res\:lted as follows: Ayua: Councl t Mt!mbers Hlgday, Neal, lt'i t~patr Lek, Keena, Bllo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. Upon a cRll of the roll, the vote on the original mo- tion resulted aa follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Kuonn, Bllo, Bradshaw, Otis. Nays: None. The Mayor declarttJ the aaot lon carri\:!<l. * * * * * * Council lnatructed the City Manager to place dls- cussion of the Hall property on the next study session agenda. * * * * * * City Manager Mccown asked that Council summary included in their 1tudy session packet. the City would be in good financial condition at and he was very pleased to report this. * * * * * * review the budget ~r. Mccown reported the end of the year City Manager Mccown stated the odor at the sewer plant was due to the process of cleaning the digeaters. The odor should be temporary until the cleaning 1• completed. * * * * * * Clty Manager McCown atated he received a memorandum fro11 the Dl rue tut" of Communl ty Development Sue Powt:rs co11c<!L·n- the Urban Renewal Authority. Mr. Mccown asked that Council set aside time to discuss this subject. December 7, 1981 Page 26 Council declded to schedule the study session for Deccmh~r 9, 1981, ~t 5:00 p.m. to dlscuss the Urban Renewal Authuclty. Council alao decided to make the annual evalua- tions of the City Manager and City Attorney following the study seaslon. The evaluation session was to include Council Member- Elect Weist. * * * * * * Mayor Ot L" prt.u1untucJ tht1 lett4:tr of cc.::~ignatl.cJn from Mr. Norman L. Visher realgnlng from the Firemen's Pension Board. COUNCIL MEMR~R KERNA MOVED TO ACCRPT THE LETT~R OF RE- S lGNA'flON fKOK Mlt. NORMAN L. FlSK~K. Council Member Neal sec- onded the motlon. Upon a call of the roll, the vote resulted as follows: Ayea: Nays: Council Membera Hlgday, Neal, ;ttzpatrick, Keena, Bilo, Bradshaw, Otis. Nono. 'lbe Mayor declared the motion carried • .,, .,, .,, ·Jr ·Jr * COUNCIL MEHBKR MEAL MOVED TO TERMINATE THE CONTRACT WITH MIKE SMITH WITH AN HOUR'S WRAP TIM! OR WHAT!VER IS NEEDED. Council Member Higday •ucundvcJ thv motion. Council Member Neal atated he no longer had confidence in Mr. Smith's handlinR the Clty'a labor relations. Council Member Bllo apoke against the motion. Mr. Bilo wanted sometime to think about it. Council Member Keena spoke against the motion. Ms. Keena stated it was a rash actlon. Council Member Bradshaw spoke in favor of the motion. Ma. Bradshaw stated ahe felt Mr. Smith was not providing very much help in a situation that waa difficult anyway. Upon u call of thu roll, the votu resulted as follows: Ayes: Nays: Council Member• Kigday, Neal, Fitzpatrick, Brlldahaw. Council Members Keena, Bilo, Otis. I December 7, 1981 Page 27 'rhe Mayor No further dttclared the * * * buaineaa was * * * motion carried. * * * discussed. * * * COUNCIL MEMBER KIGDAY MOVED TO ADJOURN THE MEF.TtNG. Mayor Otia adjourned the meetlng wlthout a vote at 11:10 p.m.