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HomeMy WebLinkAbout1980-01-07 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 7, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 7, 1980, at 8:08 p.m. Temporary Chairman Keena, presiding, called the meet- ing to order. * * * * * * Deputy City Clerk Watkins read the names of the eligible newly-elected Council Members: District I -Thomas R. Fitzpatrick; District II -John D. Neal; District III -James L. Higday, Jr.; At-Large -Beverly J. Bradshaw; At-Large -Eugene L. Otis. The Honorable J. Louis Parkinson, Municipal Court Judge, City of Englewood, Colorado, administered the oath of office to Council Members-elect Fitzpatrick, Neal, Higday, Bradshaw, and Otis. Temporary seats were assumed. * * * * * * Temporary Chairman Keena asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis, Bilo, Keena. Absent: None. Te~orary Chairman Keena declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Municipal Court Judge Parkinson Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Temporary Chairman Keena asked for nominations for Mayor. COUNCIL MEMBER HIGDAY NOMINATED COUNCIL MEMBER EUGENE L. OTIS FOR THE OFFICE OF MAYOR. Council Member Fitzpatrick seconded the nomination. January 7, 1980 Page 2 COUNCIL MEMBER HIGDAY MOVED THAT NOMINATIONS CEASE FOR MAYOR. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Bilo, Keena. Nays: None. Abstain: Council Member Otis. Temporary Chairman Keena declared the motion carried. COUNCIL MEMBER HIGDAY MOVED TO ELECT COUNCIL MEMBER OTIS AS MAYOR FOR THE CITY OF ENGLEWOOD. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Bilo, Keena. None. Council Member Otis. Temporary Chairman Keena declared the motion carried. Council Member Otis assumed the position of Mayor for the City of Englewood. * * * * * * Mayor Otis asked for nominations for Mayor Pro Tern. COUNCIL MEMBER FITZPATRICK NOMINATED COUNCIL MEMBER BEVERLY J. BRADSHAW FOR MAYOR PRO TEM. Council Member Higday seconded the nomination. COUNCIL MEMBER HIGDAY MOVED THAT NOMINATIONS CEASE AND TO ELECT COUNCIL MEMBER BRADSHAW AS MAYOR PRO TEM. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Bilo, Keena, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried and Council Mem- ber Bradshaw assumed the position of Mayor Pro Tern. * * * * * * January 7, 19CC Page 3 A permanent seating arrangement was given. Mayor Otis stated he was open for other arrangements should any Council Member want to change the seating assignment. * * * * * * Mayor Otis presented tokens o f appreciation to retiring City Council Members James Taylor, David Clayton, Donald L. R. Smith, Oliver Giseburt, Donald Williams, and former City Council Members Donald Weber, Donald Harper, and Vern Mann. Mr. Mann was not present to accept his memento. * * * * * * Mayor Otis declared a recess at 8:25 p.m. for the pur- pose of allowing p?ople in the audience time to visit with the old and new member s of Council. Council reconvened at 8:35 p.m. * * * * * * Council Members Higday, Neal, Bradshaw, Otis, and Bilo recognized their families and/or guests who were in the audience. * * * * * * COUNCIL MEMBER KEENA MOVED TO DESIGNATE THE ENGLEWOOD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Coun- cil Member Bilo 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. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO DELAY AGENDA ITEM 10 - ELECTION OF THE CITY COUNCIL MEMBERS TO VARIOUS BOARDS AND COMMIS- SIONS -UNTIL AGENDA ITEM 15A -COMMUNICATIONS-ACTION RECOMMENDED, MEMORANDUM FROM THE CITY MANAGER CONCERNING COUNCIL REPRESENTATION ON BOARDS AND COMMISSIONS. Council Member Neal 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. January 7, 1980 Page 4 The Mayor declared the motion carried. * * * * * * Mr. Pat Myles, attorney, appeared before Council on be- half of Mr. and Mrs. Merle Koon in their request for a retail liq- uor license for their store -Englewood Liquors, 3434 South Broad- way. Mr. Myles stated the reasons why a license should be granted to Mr. and Mrs. Koon. Captain Ron Frazier, Englewood Police Department, appeared before Council and gave the incident report for Englewood Liquors for the past year; in particular, citing one call concerning sell of liquor to a minor. Mr. Myles presented Mr. Koon's background in the retail business and reported that the employee who made the sell was re- primanded and has since left the employment of Mr. Koon. Mr. Merle Koon, 7056 South Newland Street, Littleton, owner of Englewood Liquors, appeared before Council and discussed the incident. Mr. Koon confirmed Mr. Myles's statements concern- ing the incident and how it was later handled. Mr. Koon asked that the ex-employee be allowed to appear before Council. Council granted the request. Mr. Bill Culley, 3231 South Pennsylvania, appeared before Council. In response to Council's questions, Mr. Culley stated he had been given training and instruction on checking identification of customers before the incident occured. Council had no further questions at this time. COUNCIL MEMBER HIGDAY MOVED THAT ENGLEWOOD LIQUORS, 3434 SOUTH BROA~AY, BE GRANTED THE RENEWAL OF A RETAIL LIQUOR STORE LI- CENSE. Council Member Keena seconded the motion. Council Members Bilo and Fitzpatrick spoke of the serious- ness of the matter and stated Council would be alert to any further violations at this establishment. 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. * * * * * * January 7, 1980 Page 5 Mr. Byron Sutton, 2500 West Hampden Avenue, #104, ap- peared before Council. "r. Sutton addressed the problem of golf- ers driving golf balls at the Englewood Municipal Golf Course some of which swerve over into the trailer court where he resides. Mr. Sutton asked Council to study a way to eliminate the problem before spring golf season. Assistant City Manager twenty-five (25) trees have been barrier along the trailer court. the architect, superintendent of of Parks and Recreation has been ing at alternatives and costs to Curnes reported since January 1st added along the bank to act as a Mr. Curnes added a meeting with the golf course, and the Director scheduled for the purpose of look- f urther protect the trailer court. Council Member Higday asked Mr. Sutton to return to Coun- cil should there be any further problems. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to speak to Council. Mr. William Davis, 105 West Jefferson, appeared before Council on behalf of himself and his neighbor -Neil Marcus, 189 West Jefferson. Mr. Davis asked Council to consider vacating an alley between the lots he and Mr. Marcus own. Mr. Davis stated a sewer line extends down the alley and referred to a letter writ- ten by Director of Utilities, Stu Fonda, wherein Mr. Fonda stated the Utility Department would agree to vacating the alley if the City could keep the 16 foot easement which is the same width of the alley and that the easement could possibly be moved along with the sewer line subject to approval at a later date. COUNCIL MEMBER BILO MOVED THAT THE MATTER BE BROUGHT BEFORE COUNCIL AT THE NEXT STUDY SESSION AND THAT COUNCIL RE- VIEW THE PLANNING AND ZONING RECOMMENDATIONS PRIOR TO MAKING ANY DETERMINATION ON WHAT NEEDS TO BE DONE. Council Member Higday seconded the motion. Mr. Davis expiained he had hoped Council would consider the ordinance vacating the alley at this meeting; but if this was not possible, he would appreciate Council's action on it as soon as was possible. COUNCIL MEMBER NEAL K>VED TO AMEND THE MOTION TO RE- QUEST THAT THE STUDY SESSION PACKET INCLUDE AN ORDINANCE SO THAT IF COUNCIL DECIDES TO GRANT THE VACATION OF RIGHT-OF-WAY, IT COULD BE DON~ RATHER THAN WAITING UNTIL THE NEXT COUNCIL MEETING OR TWO WEEKS TO INITIATE THE PROCESS. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: January 7, 1980 Page 6 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, 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 motion carried. * * * * * * Mrs. Isabella Knight, 3021 South Lincoln, appeared before Council and presented her concerns over the irregularities in Pre- cinct 11 during the last General Municipal Election, November 6, 1979. Mrs. Knight requested a recount of votes for all precincts. In response to Council Member Higday's question, City Attorney Berardini stated the Charter adopted the state municipal election code and the election is an administrative process. Mr. Berardini stated it was his opinion Council did not have jurisi- diction to act as administrative officer to recount any precinct machine. Mr. Berardini further stated there seemed to be a pre- sumption that because there was an irregularity in one of pre- cinct, which was corrected shortly after the election polls clos- ed, there would be similar irregularities in other precincts. Mr. Berardini stated he had advised the Director of Finance/ex-officio City Clerk that a recount was not advisable nor lawfully required and such connents have been stated in a letter to Mr. John Topolnicki, Jr., Assistant District Attorney. Mr. Berardini added he discussed his opinion with Mr. Bob Gallagher, District Attorney. Mr. Berardini stated it was his understanding that the District Attorney would take no further action unless there was definite proof of fraud. Council Member Fitzpatrick requested Mr. Berardini to make all information available to Mrs. Knight if she needed it. * * * * * * Hr. Maurice Jones, 5050 South Washington, appeared before Council and informed Council that Mr. Maurice Merlin was ill and in Swedish Hospital. Mr. Jones stated Mr. Merlin was a regular attendant of Council meetings and would appreci- ate receiving a card. I January 7, 1980 Page 7 Council Jones's request. directed the * * City Manager to proceed on Mr. * * * * "Coumunications -No Action Recomnended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Denver Regional Council of Governments meeting of November 14, 1979. Minutes of the Englewood Housing Authority meeting of November 28, 1979. Minutes of the Board of Career Service Com- missioners meeting of November 29, 1979. Minutes of the Public Library Advisory Board meeting of December 11, 1979. Minutes of the Downtown Development Authority meeting of December 12, 1979. COUNCIL MEMBER KEENA MOVED THAT THE ITEMS UNDER "COM- MUNICATIONS -NO ACTION RECOMMENDED" BE ACCEPTED. 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, Bi lo, Bradst,aw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandwn concerning Council representation on Boards and CoDIIlissions. COUNCIL MEMBER NEAL MOVED TO APPOINT COUNCIL MEMBERS BRADSHAW AND HIGDAY TO THE PARKS AND RECREATION COMMISSION. Coun- cil Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abs t.ait:i :. Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member .Higday, January 7, 1980 Page 8 The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT COUNCIL MEM- BER NEAL TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Coun- cil 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. COUNCIL MEMBER BRADSHAW MOVED TO APPOINT COUNCIL MEMBERS FITZPATRICK, OTIS, AND HIGDAY TO THE WATER AND SEWER BOARD. Coun- cil 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. COUNCIL MEMBER NEAL K>VED TO APPOINT COUNCIL MEMBER KEENA AS REPRESENTATIVE TO THE DENVER REGIONAL COUNCIL OF GOVERN- MENT AND TO APPOINT COUNCIL MEMBER BILO AS THE ALTERNATE. Coun- cil Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted .iis fol lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO APPOINT COUNCIL MEMBERS FITZPATRICK AND BILO ON THE SCHOOL-CITY JOINT COMMITTEE. Coun- cil Member Neal 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. January 7,_ 1980 Page 9 COUNCIL MEMBER KEENA MOVED TO APPOINT COUNCIL MEMBER NEAL TO THE EMPLOYEES' RETIREMENT BOARD. Council Member Bilo 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. COUNCIL MEMBER FITZPATRICK MOVED TO APPOINT COUNCIL MEM- BER KEENA TO THE POLICY COMMITTEE OF THE COLORADO MUNICIPAL LEAGUE. Council Member Bilo 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. COUNCIL MEMBER KEENA MOVED TO APPOINT MAYOR OTIS AS THE COUNCIL REPRESENTATIVE ON BOTH THE FIRE AND POLICE PENSION BOARDS. 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. The Mayor declared the motion carried. Mayor Otis appointed Mayor Pro Tern Bradshaw as Council representative to the Englewood Housing Authority. Council Member Bilo recognized Council's support in Mayor Otis's appointment of Mayor Pro Tern Bradshaw to the Hous- ing Authority. * * * * * * City Manager Mccown presented a memorandum concerning Council appointments to Boards and Coumissions. COUNCIL MEMBER KEENA MOVED TO PROCEED THROUGH A PROCESS OF PLACING ADS IN THE NEWSPAPER AND THEN HAVING CITIZENS APPLY FOR January 7, 1980 Page 10 EACH OF THE COMMITTEES IN WHICH THEY ARE INTERESTED AND THEN DIRECT- ING THE CITY MANAGER TO SET UP INTERVIEWS FOR THOSE WHO DO APPLY FOR JANUARY 16, 1980, STARTING AT 5:00 P.M. TO BE SCHEDULED FOR FIFTEEN I MINUTES THEREAFTER AND IF ADDITIONAL TIME IS NEEDED, THIS SHOULD BE PLACED ON THE FOLLOWING SATURDAY. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a request for liquor license renewal for the Sizzler Steak House. COUNCIL MEMBER BILO MOVED TO GRANT THE REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE RENEWAL FOR SIZZLER FAMILY STEAK HOUSE, 5151 SOUTH BROADWAY. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN ARAPAHOE REGIONAL LIBRARY DISTRICT AND CITY OF ENGLEWOOD AND DECLARING AN EMERGENCY. City Manager Mccown explained the necessity of the emergency clause. Mr. Mccown stated the district had proposed the creation of a central automated data system which was to be created on their own to be used by their users. Mr. Mccown January 7, 1980 Page 11 stated he wrote a letter with the approval of the Library Board to the district suggesting that before any kind of a central data system was created, the users of the system should get together and decide on the needs of the various users rather than have one entity do it alone. His office did not receive a reply until late December and the reply stated the district concurred and agreed to go ahead with the contract as it was previously written with no changes for next year until further review of the data system can be accomplished. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1980, ON FIRST READING. 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. The Mayor declared the motion carried. * * * * * * City Attorney Berardini informed Council that he would be submitting a letter of pending litigation for informational pur- poses. * * * * * * City Manager Mccown presented a memorandum concerning the selection of the Building Code Review Conmittee. Council Member Keena predicated her motion by suggesting that the selection of Building Code Review Conmittee was more ur- gent than other appointments to conmittees and the date of January 16, 1980, should be used the purposes of making a selection to the Build- ing Code Review Conmittee. COUNCIL MEMBER KEENA MOVED TO RECONSIDER THE PRIOR MOTION DEALING WITH 15B -THE MOTION OUTLINING THE PROCESS AND DATES FOR WHICH CITIZEN SELECTION TO BOARDS AND COMMISSIONS WERE TO BE MADE. Council Member Bilo 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. January 7, 1980 Page 12 The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO STRIKE FROM THE RECONSIDERED I MOTION ALL WORDS THAT FOLLOW "SET UP INTERVIEWS"; AND ADD THE FOL- LOWING WORDS "FIRST CHECKING WITH COUNCIL TO SEE ABOUT AVAILABILITY OF TIME". Council Member Bilo 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 Manager Mccown stated his office has six or seven letters on file for those citizens interested in serving on boards and comnissions. Council directed Mr. Mccown to start over in the process of accepting applications. COUNCIL MEMBER KEENA MOVED THAT THE CITY MANAGER ESTABLISH APPOINTMENTS WITH THOSE PEOPLE WHO HAVE ALREADY WRITTEN AND EXPRESS- ED THEIR INTEREST IN SERVING ON THE BUILDING CODE REVIEW COMMITTEE AND THAT THESE APPOINTMENTS BE ESTABLISHED FOR JANUARY 16, 1980; IF THEY ALL CAN NOT BE DONE ON JANUARY 16, 1980, THEY WOULD THEN BE PLACED ON THE FOLLOWING SATURDAY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Manager Mccown stated Mr. Bob Brundage had request- ed permission to make the Lion Club's presentation on the conmunity center project. Council Member Fitzpatrick directed the City Manager to set up the presentation for January 14, 1980, at 5:00 p.m. * * * * * * Mayor Otis instructed City Manager Mccown to send a reply to the Mayor of City of Thornton responding that Council January 7, 1980 Page 13 would not be able to attend the swearing-in ceremony for their Council-elect. * * * * * * There was no further business to discuss. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10 :15 p.m.