HomeMy WebLinkAbout1980-05-19 (Regular) Meeting MinutesREGULAR MEETING:
CITY OF ENGLEWOOD, COLORAOO
May 19, 1980
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session at 7:30 p.m. on May 19,
1980.
Mayor Otis, presiding, called the meeting to order.
The invocation was given by the Reverend George I.
Welsh, Saint George's Episcopal Church, 3600 South Clarkson
Street. The pledge of allegiance was led by Junior Girl Scout
Troop 1282.
Mayor Otis asked for roll call. Upon a call of the
roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Otis.
Absent: Council Member Bradshaw.
The Mayor declared a quorum present.
* * * * * *
Also present were: City Manager Mccown
Assistant City Manager Curnes
City Attorney Berardini
Municipal Court Judge Parkinson
Director of Connnunity Development
Wanush
Deputy City Clerk Watkins
* * * * * *
COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF
REGULAR MEETING OF MAY 5, 1980. Council Member Bilo seconded
the motion.
COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION AND
TO CORRECT THE MINUTES ON PAGE 15, FOURTH PARAGRAPH, TO READ
"MR. HIGDAY STATED HE FELT MR. KELLER SHOULD BE CONSIDERED A
CONSULTANT AND PAID SO RATHER THAN AS AN EMPLOYEE". Council
Member Bilo seconded the motion. Upon a cal of the roll, the
vote resulted as follows:
Ayes: Council Members Higday, Fitzpatrick,
Keena, Bilo, Otis.
May 19, 1980
Page 2
Maya:
Abstain:
Absent:
None.
Council Member Neal.
Council Member Bradshaw.
'lbe Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-
tion resulted aa follows:
Ayes: Council Members Higday, Fitzpatrick,
Keena, Bi lo, Otis.
Naya: None.
Abstain: Council Member Neal.
Absent: Council Member Bradshaw.
'lbe Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE MINUTES
OF THE SPECIAL MEETING OF MAY 7, 1980. Council Member Keena sec-
onded the motion.
COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION TO COR-
RECT THE MINTUES ON PAGE 5, LAST PARAGRAPH, BE ALTERED TO READ
"EEA AND THE PRESIDENT OF THE FIREFIGHTERS TO CLARIFY WHAT WAS
SAID AT THE MEETING WITH MRS. HENNING". Council Member Higday
seconded the motion. Upon a call of the roll, the vote resulted
aa follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
Nays: None.
Absent: Council Member Bradshaw
'11le Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-
tion resulted as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Keena, Bi lo, Otis.
I
I
May 19, 1980
Page 3
Nays:
Absent:
'ftle Mayor
None.
Council
declared
* *
Member Bradshaw.
the motion carried.
* * * *
COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA
ITEM SA -COUNCIL MINUTES OF THE TOWN MEETING OF APRIL 28, 1980.
Council Member Fitzpatrick seconded the motion. Upon a call of
the roll, the vote resulted aa follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
'ftle Mayor declared the motion carried.
COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES
OF THE PUBLIC MEETING OF APRIL 28, 1980. Council Member Keena
seconded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * * *
Pre-scheduled visitor, Mrs. Judith Henning, Chairman,
Board of Career Service Connissioners, was present. Mrs. Henning
diacuaaed the aeries of events and meetings between City Council
and the Career Service Board's request for a hearing officer and
her meeting with the presidents of the employees associations con-
cerning same. Mra. Henning stated her appearance was to the pur-
pose of clarifying any misunderstandings that might have developed.
* * * * * *
Pre-scheduled visitor, David Junk, 5090 South Delaware,
President, Englewood Jaycees, appeared before Council. Mr. Junk
Hay 19, 1980
Page 4
requested Council aid to help finance the annual 4th of July fire-
works display. Mr. Junk requested $3,500 to buy the fireworks.
Mr. Junk stated the Jaycees had solicited $500 from various busi-
nesses in Englewood.
Council discussed with Mr. Junk various methods of rais-
ing money. Mr. Junk provided the Jaycees' budget to Ms. Keena.
Council advised Mr. Junk to again canvas the businesses and re-
port back to Council at the June 2nd meeting.
* * * * * *
'nlere were no other visitors wishing to speak to Coun-
cil at this time.
were:
* * * * * *
"Co11111Unications -No Action Reco11111ended" on the agenda
(a)
(b)
(c)
(d)
Minutes of the Planning and Zoning Commission
meeting of April 22, 1980.
Minutes of the Englewood City Council Public
Meeting of April 28, 1980. (approved at begin-
ning of the meeting)
Minutes of the Downtown Development Authority
meeting of April 30, 1980.
Municipal Court Activity Report for the month
April, 1980.
(e) Memorandum from the Director of Conmunity
Development to the City Manager concerning
his attendance at the Conference on Urban
Development Funding Programs in Arlington,
Virginia, April 10 -11, 1980.
COUNCIL MEMBER NEAL K>VED TO ACCEPT "COMMUNICATIONS -
NO ACTION RECOMMENDED, ITEMS (a), (c) -(e). 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, Otis.
None.
May 19, 1980
Page 5
Absent: Council Member Bradshaw.
'nle Mayor declared the motion carried.
* * * * * *
Mayor Otis presented a Council Co111DUnication concern-
ing a renewal of a hotel/restaurant license for Lord Byron's,
701 West Hampden Avenue.
COUNCIL MEMBER NEAL !l>VED TO APPROVE THE RENEWAL OF A
HOTEL/RESTAUltART LICENSE FOR LORD BYRON'S, 701 WEST HAMPDEN AVE-
NUE. Council Member Rifday seconded the motion. Upon a call of
the roll, the vote resu ted as follows:
Ayea:
Naya:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * * *
Mayor Otis preaented the minutes of the Library Board
meeting of May 13, 1980, with a recommendation concerning Engle-
wood participation in Shared Automated Library Information System.
City Manager Mccown advised Council to postpone this
matter until their study session on May 31, 1980, when Ms. Winkle,
Director of Library Services would be present to discuss it in
detail.
COUNCIL MEMBER BILO t«>VED TO TAKE THE SUBJECT OF ENGLE-
WOOD PARTICIPATION IN THE SHARED AUTOMATED LIBRARY INFORMATION
SYSTEM AND !l>VE IT TO SATURDAY, MAY 31ST, FOR CONSIDERATION DUR-
ING THE STUDY SESSION AND TO INSTRUCT THE CITY ATl'ORNEY TO PRE-
PARE FOR THE COUNCIL MEETING ON JUNE 2ND THE APPROPRIATE RESOLU-
TION LEAVING BLANltS FOR THE AMOUNTS. 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, Otis.
None.
May 19, 1980
Page 6
Abaent: Council Member Bradshaw.
The Mayor declared lhe motion carried.
ORDINANCE NO. 11
SERIES OF 1980
* * * * * *
BY AUTHORITY
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER BILO
AN ORDINANCE VACATING THAT CERTAIN ALLEY LOCATED IN BLOCK 5,
CANFIELD'S SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE,
COLORADO.
COUNCIL MEMBER BILO !l>VED TO PASS COUNCIL BILL NO. 13,
SERIES OF 1980, OR FINAL READING. Council Member Keena seconded
the motion. Upon a call of the roll, the vote resulted as fol-
lows:
Ayes:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * * *
City Attorney Berardini presented the bill for an or-
dinance establishing a liquor licensing authority and discussed
the contents of the bill.
Council Member Keena suggested inserting "Liquor"
following the word "Local" in the second line of the title
to clarify the specific nature of the authority.
ORDINANCE NO. SERIES OF 1980 __ _
BY AUTHORITY
•
A BILL FOR
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER HIGDAY
AN ORDIHAHCE AMENDING TITLE XI OF THE '69 ENGLEWOOD MUNICIPAL
CODE BY ADDING A NEW ARTICLE THERETO, CREATING A LOCAL LIQUOR
May 19, 1980
Page 7
LICENSING AUTHORITY; ESTABLISHING THE POWERS, DUTIES, MEMBERSHIP,
AND QUORUM, THEREOF; PROVIDING FOR THE 'tERMS AND THE MANNER AND
METHOD OF APPOINTMl!:NT OF THE MEMBERS OF SUCH AUTHORITY; PROVID-
ING THAT SUCH AUTHORITY SHALL HAY~ ALL THE POWERS OF A LOCAL
LICENSING AUTHORITY AS SET •~RTH IN ARTICLES 46, 47, and 48
OF TITLE 12, C.R.S., 1973, AS AMENDED.
COUNCIL MEMBER HIGDAY t«>VED TO PASS COUNCIL BILL NO. 2,
SERIES OF 1980, OR FIRST READING. Council Member Keena seconded
the motion.
Council Member Higday aubmitted a letter from Steve
Seay, Preaident of Coaaunity lank and Truat Company, supporting
the creation of the authority.
Council Member Neal a~eated that comaa be inserted in
the 17th line of Section 11-2-33 (c) following the words "cause"
and "any" for further clarification purposes.
COUNCIL MEMBER NIAL t«>VED TO AMEND THE MOTION BY STRIKING
THE WORDS IN SECTIOR 11-2-23 (c) SECOND LINE " A MAJORITY VOTE" AND
INSERTING "FIVE COlfCUllING VOTES". Council Member Higday seconded
the motion. Upon a call of the roll, the vote resulted as follows:
Ayes:
Maya:
Abaent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
The Mayor declared the motion carried.
Upon a call of the roll, the vote on the original mo-
tion resulted aa follows:
Ayea:
Maya:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * * *
May 19, 1980
Page 8
Mayor Otis declared a recess at 9:05 p.m. Council re-
convened at 9:25 p.m. Mayor Otis asked for roll call. Upon a
call of the roll, the following were present:
Council Members Higday, Neal, Fitzpatrick, Keena,
Bilo, Otis.
Abaent: Council Member Bradshaw.
'11le Mayor declared a quorum present.
* * * * * *
ORDIMARCE RO.
SERIES OF 1980~-
BY AUTHORITY
A BILL FOR
COURCIL BILL NO. 16
IRTRODUCED BY COUNCIL
MEMBER BILO
AN ORDIRAMCE AMERDING SECflOR 22.4B-3(c) OF THE CITY COMPRE-
HENSIVE ZORING OllDIMAHCE RELATIRG TO IDENTIFICATION OF THE
AREAS OF SPECIAL FLOOD HAZARD (ORDINANCE NO. 26, SERIES OF
1963, AS AMENDED).
COUNCIL MEMBER BILO t«>VED TO PASS COUNCIL BILL NO. 16,
SERIES OF 1980, Oii FIRST READING. Council Member Neal seconded
the motion. Upon a call of the roll, the vote reaulted as fol-
low•:
Ayea:
Haya:
Abaent:
Council Member• Higday, Real, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradahaw.
'lbe Mayor declared the motion carried.
COUNCIL MEMBER BILO t«>VED TO SET A PUBLIC HEARING CON-I
CER.NING COUNCIL BILL NO. 16, FOR JURE 16, 1980, AT 7:30 P.M.
DURING THE REGULAR COUNCIL MEETING. Council Member Neal sec-
onded the motion. Upon a call of the roll, the vote resulted
as follows:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otia.
Hay 19, 1980
Page 9
Nays:
Absent:
None.
Council Member Bradshaw.
The Mayor declared the motion carried.
ORDINANCE NO.
SERIES OF 1980
* * * * * *
BY AUTHORITY
A BILL FOR
COUKCIL BILL NO. 15
IRTRODUCID BY COUNCIL
MEMBER DENA
AN ORDINAMCI APPROVIHG AN AGllEMDT IETWDR THE CITY OF ENGLEWOOD,
COLORADO, ARD THE CITY OF GllERWOOD VILLAGE, COLORADO, RELATING
TO '11lE USE OF '111£ ANIMAL SHELTER FACILITIES WITHIN THE CITY OF
ENGLEWOOD, COLORADO.
COUNCIL MEMBER KEENA !«>VED TO PASS COUNCIL BILL NO. 15,
SERIES OF 1980, ON FIRST READIRG. Council Member Neal seconded
the motion.
COUNCIL MEMBER NIAL )l)VED TO TABLE THE MATTER UNTIL
JURE 2, 1980. Council Member Higday seconded the motion. Upon
a call of the roll, the vote resulted aa follows:
Ayes: Council Members Higday, Neal, Fitzpatrick.
Nays: Council Members Keena, Bilo, Otis.
Absent: Council Member -Bradshaw.
The Mayor declared the motion defeated.
Discussion ensued among Council members regarding the
animal shelter facility, ita present ability to meet the needs
of the co11111Unity and strengthening other community participation.
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, Otia.
None.
May 19, 1980
Page 10
Absent: Council Member Bradahaw.
The Mayor declared the motion carried.
RESOLUTION NO. 18
SERIES OF 1980
* * * * * *
A RESOLUTION OF THE CITY COUNCIL ACCEPTING THE WASTEWATER TREAT-
MEMT FACILITIES Pl.AR ARD AUTHORIZING THAT THE REPORT BE FORWARDED
TO THE COLOIADO DEPARTMENT OF HEALTH ARD THE FEDERAL ENVIRONMENTAL
PROTEC?IOM AGEMCY.
City Manager Mccown noted a like resolution had been
paased by the Littleton City Council regarding the wastewater
treatment plan.
COUNCIL MEMBER ICEENA !l>VED TO PASS RESOLUTION NO. 18,
SERIES OF 1980. Council Member Fitzpatrick seconded the motion.
Upon a call of the roll, the vote resulted as follows:
Ayea:
Nays:
Absent:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Member Bradshaw.
'11\e Mayor declared the motion carried.
* * * * * *
City Attorney Berardini submitted agenda item 7 (f) (a)
amended version of a resolution authorizing the obtaining of land
around the water storage facility. Mr. Berardini stated the amend-
ed version contained the proper legal description.
RESOLUTION NO. 19
SERIES OF 1980
A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE I
SIMPLE INTEllEST IN CERTAIN LARD LOCATED WITHIN THE CITY OF
ENGLEWOD, ARAPAHOE COUNTY, COLORADO, TO PROVIDE ADDITIONAL
SIDEYAllD SETBACltS IN COR.JUNC?ION WITH THE CONSTRUC?ION OF A
WATER STORAGE FACILITY.
CX>URCIL HIMBER HIGDAY !l>VED TO PASS RESOLUTION NO. 19,
SERIES OF 1980. Council Member Fitzpatrick seconded the motion.
Upon a call of the roll, the vote resulted as follows:
I
Hay 19. 1980
Page 11
Ayes:
Nays:
Absent.:
Council Members Higday, Neal, Fitzpatrick,
Keena, Bilo, Otis.
None.
Council Memb~r Bradshaw.
The Mayor declared the motion carried.
* * * * * *
COUNCIL MEMBER NEAL K>VED TO PASS A PROCLAMATION ESTA-
BLISHING MAY 23 AND MAY 24 FOR "BUDDY POPPY SALE". Council Mem-
ber Fitzpatrick seconded the motion. Upon a call of the roll,
the vote resulted as follows:
Ayes:
Maye:
Absent:
Council Members Higday, Meal, Fitzpatrick,
Keena, Bilo, Otia.
Mone.
Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * * *
City Manager Mccown presented a Council Conaunication
concerning an appointment to the Water and Sewer Board. Mr. Mccown
stated two citizens had submitted letters expreaaing interest in
the vacancy.
Mayor Otis stated Council had received another letter
from an interested citizen.
COUNCIL MEMBER BILO K>VED TO RECEIVE THE NAMES INCLUD-
ING THE LETl'ER RECEIVED BY THE MAYOR ARD POSTPONE THE MATTER UN-
TIL THE NEXT STUDY SESSION. Council Member Fitzpatrick seconded
the motion. Upon a call of the roll, the vote resulted as fol-
lows:
Ayea: Council Member• Higday,
Keena, Bilo, Otia.
Meal, Fitzpatrick,
Maya: Mone.
Absent: Council Member Bradshaw.
The Mayor declared the motion carried.
May 19, 1980
Page 12
Council instructed the .City Manager to set up the inter-
view process for the study session on June 2, 1980.
* * * * * *
Richard Wanush, Director of Co~ity Development,
appeared before Council and presented a Council Communication
concerning EDDA Special Aaaeaament Diatrict. Mr. Wanuah stated
the Downtown Development Authority vaa propoaing the creation of
an aaaeaament district to partially fund a parking lot, park and
walk-through in the 3400 block of South Broadway. In order to
do the preliminary work neceaaary for the creation of the dis-
trict, Mr. Wanuah reconaended that a bond counael and bond at-
torney be retained.
COUNCIL MEMBER NEAL IC>VED TO ERGAGED HAHIFEN, IMHOFF,
SAMFORD, IRC., AS THE BORD COU1'SEL ARD LAJll, EDSTIOM ARD STOWE
AS BOND A'lTOl.HEYS FOR THE PURPOSE OP ORGARIZillG THE SYSTEM ARD
ORGAHIZATIOM OF THE DOWI'OWR ASSESSMIRT DISTRICT. Council Mem-
ber Keena seconded the motion. Upon a call of the roll, the
vote resulted aa follova:
Ayes:
Nays:
Absent:
Council Member• Higday, Real, Fitzpatrick,
Keena, Bilo, Otia.
None.
Council Member Bradahaw.
The Mayor declared the motion carried.
* * * * * *
Director Wanush presented a Council Conaunication con-
cerning Mortgage Revenue Bonda and a proposed resolution of in-
tent to cover the City in case the Council decide• to support
mortgage revenue bonds at a later time.
RESOLUTION NO. 20
SERIES OF 1980
A RESOLUTION PROVIDING FOR THE ISSUANCE OF CITY or ENGLEWOOD,
COLORAOO, SINGLE FAMILY IC>RTGAGE UVERUE BORDS.
COUNCIL MEMBER KEENA tl>VID TO PASS llSOLUTIOR RO. 20,
SERIES OF 1980. Council Member Bilo aeconded the motion. Upon
a call of the roll, the vote reaulted •• follova:
Ayes: Council Members Higday, Neal, Fitzpatrick,
Xeena, Bilo, Otis.
I
May 19, 1980
Page 13
Nays:
Absent:
'11le Mayor
None.
Council
declared
* *
Member Bradshaw.
the motion carried.
* * * *
Director Wanuah presented a Council Conaunication con-
cerning a coaaunity energy conservation program. Mr. Wanush of-
fered a reaolution of intent aupporting the development of such
a profr .. and diacuaaed the grant application procedure should
Counc l give preliminary approval to develop a comprehensive
energy strategy.
Council diacuaaed thi• matter with City Manager McCown
and Director Wanuah at length and whether the means to undertake
such a project juatified the end result.
USOLUTIOll HO. 21
SERIES OF 1980
A llSOLUTIOll OF IllTEllT TO DEVELOP A COMPREHENSIVE ENERGY PROGRAM
FOR THE CITY OF ENGLEWOOD.
COURCIL MEMBER DENA K>VED TO PASS RESOLUTION NO. 21,
SERIES OF 1980. Council Member Real seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes:
Nays:
Absent:
Council Members Neal, Fitzpatrick, Keena,
Bilo, Otis.
Council Member Higday.
Council Member Bradshaw.
The Mayor declared the motion carried.
* * * * * *
For information purposes, City Manager Mccown transmit-
ted a copy of a memorandum from Career Service Board Chairperson
Judith Henning to the three employee aasociat~ons. Mr. Mccown
stated the letter concerned proposed ordinance changes and so-
licited coaaenta and reco111nendationa from the associations.
* * * * * *
For information purposes, City Manager Mccown transmit-
ted a letted from Max Scott of Oedipus, Inc., concerning the sec-
ond survey for the Southland Corporation license. Mr. Mccown dis-
Hay 19, 1980
Page 14
cussed mailing a copy of the letter to the applicant and reading
the letter into the record at the continuation of the hearing.
* * * * * *
For information purposes, Mr. Mccown transmitted a
letter from Fred Kaufman, Chairman of the Englewood Downtown
Development Authority. Mr. Mccown stated the letter and at-
tached resolution requested Council to consider and adopt a
policy of condemnation for the property that the EDDA wished
to purchase for the walk-~hrough in the downtown area.
Council Member Fitzpatrick stated more information
concerning the EDDA'• request would have to be provided before
he could make a decision on this matter.
* * * * * *
Mayor Otis presented Council Member Neal with a birth-
day card in recognition of Mr. Neal's 30th birthday. Council
Member Neal expressed his appreciation.
* * * * * *
Council Member Neal discussed the incident involving
Jerry Feather, owner and operator of the Dart Board and whether
or not Mr. Feather should appear before Council and discuss the
matter.
City Attorney Berardini requested Council's permission
to investigate the matter, determine the strength of the case and
report back whether or not formal charges should be made against
Mr. Feather.
Council granted Mr. Berardini's request and asked that
he report back as soon as possible.
Council Member Keena requested that Mr. Berardini's
report be inclusive of Mr. Feather's attitude in the matter.
* * * * * *
There was no further business to be discussed.
* * * * * *
COUNCIL MEMBER HIGDAY K>VED TO ADJOURN THE MEETING.
Mayor Otis adjourned
10:58 p.m.
the meeting without a vote at
~7~~-,,t~