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HomeMy WebLinkAbout1980-06-02 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 2, 1980 'lbe City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session at 7:30 p.m. on June 2, 1980. Mayor Otis, presiding, called the meeting to order. The invocation was given by Malcolm L. Bartee, Englewood Church of Christ, 4690 South Logan Street. The pledge of alle- giance was led by Mayor Otis. 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. 'lbe Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush Assistant City Attorney DeWitt Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL MEETING OF MAY 12, 1980, AT 6:30 P.M. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Hi~day, Neal, Fitzpatrick, Keena, Bilo, Brads aw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL K>VED TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL MEETING OF MAY 12, 1980, AT 7:00 P.M. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: June 2, 1980 Page 2 Ayes : Nays: The Mayor Council Members Higday, Neal, Fit.zpat.rick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL COUNCIL MEETING OF MAY 12, 1980, AT 10:00 P.H. 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, Ot.is. None. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF MAY 19, 1980. Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Abstain : Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otis. None. Council Member Bradshaw. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitors from the Englewood Jaycees were not present at the time they were to appear on the agenda. Mayor Ot.is st.at.ed Council would hear t.heir report. at. a later t.ime in t.he meeting if they arrived. * * * * * * Pre-scheduled visitor Mrs. Marjorie Becker, Chairperson of the Eco-Cycle Board of Directors was present. Mrs. Becker gave a stat.us report on t.he operat.ion of Eco-Cycle and the plans t.o hire a yard supervisor. I June 2, 1980 Page 3 Mrs. Becker introduced Paul Berteau, Eco-Cycle Co- ordinator to answer questions from Council. Paul Berteau, 2475 South Madison, Denver, appeared and answered questions from Council Member Keena regarding the newspaper article in the Englewood Herald Sentinel. Mr. Berteau stated the program did receive some response as a result of the article. Council Member Neal discussed legislation taking place in the eastern part of the United States for mandating a recycl- ing program. Council Member Higday requested that staff investigate such legislation and report back to Council. Mrs. Becker stated she would be happy to receive feed back from other conmunities as to what was being done on recycl- ing programs. Mrs. Becker also stated she would be back in six months to give an updated report on Eco-Cycle. * * * * * * Mayor Otis recognized that some members of the Jaycees had arrived. Rich Dorto, 4146 South Dale Court, Executive Vice Presi- dent of the Englewood Jaycees, appeared before Council. Mr. Dorto requested funds to help support the annual 4th of July fireworks program at Centennial Park. Mr. Dorto stated total expenses would be approximately $3,700. Mr. Dorto stated the Jaycees would ad- dress Council following the program regarding the results of the program. Council discussed with Mr. Dorto various ways to get financial help for the program and suggested using the news media, making public announcements at the celebration, and "passing the hat". COUNCIL MEMBER HIGDAY MOVED TO DONATE $500 TO THE ENGLE- WOOD JAYCEES FOR THE 4TH OF JULY PROGRAM. Council Member Bilo sec- onded 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. June 2, 1980 Page 4 'nle Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, James Keller II, Executive Di- rector of the Englewood Downtown Development Authority, 3535 South Sherman, was present. Mr. Keller submitted seven signed petitions requesting the formation of an assessment district in the downtown area. Mrs. Barbara Holthaus, 3483 South Acoma, member of the Downtown Development Authority Board, appeared before Coun- cil. Mrs. Holthaus stated the purpose of the request was to get permanent parking established. Mrs. Holthaus requested that Coun- cil set a public hearing on the matter in order to proceed with the district. Ralph Murphy, 3535 South Sherman, representing the Murphy Corporation, afpeared before Council. Mr. Murphy stated he supported the EDDA s effort to improve the downtown area but disagreed with the method of assessment. Mr. Murphy stated the proposed method of assessment was inequitable and only a few merchants would receive direct benefit. Hr. Murphy stated he would work with Council and the EDDA for the purpose of develop- ing a fair assessment plan. COUNCIL MEMBER NEAL MOVED TO DIRECT THE CITY ATTORNEY TO DRAW UP A RESOLUTION OF INTENT TO CREATE THE DISTRICT FOR THE NEXT REGULAR COUNCIL MEETING. 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. 'nle Mayor declared the motion carried. Council Member Keena requested from Mr. Keller additional information on the costs, etc. to property owners in this proposed district. * * * * * * 'nlere were no other visitors to be heard at this time. * * * * * * I June 2, 1980 Page 5 "Comnunications -No Action RecoDlllended" on the agenda were: (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Board of Career Service Com- missioners meeting of March 27, 1980. Minutes of the Board of Adjustment and Ap- peals meeting of April 16, 1980. Minutes of the Denver Regional Council of Governments meeting of April 16, 1980. Minutes of the Planning and Zoning CoDlllis- sion meeting of May 6, 1980. Minutes of the Downtown Development Authority meeting of May 14, 1980. Memorandum from the Director of Finance to Mayor and Members of Council concerning a quarterly report for various Boards and Com- missions from January to March, 1980. Memorandum from Sergeant Medford to Chief Holmes concerning his attendance at a crime prevention school in Louisville, Kentucky, April 21 -25, 1980. Transmittal of the 1979 Annual Report. COUNCIL MEMBER NEAL K>VED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED (a) THROUGH (h). 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. 'nle Mayor declared the motion carried. * * * * * * Assistant City Manager Wanuah presented minutes of the Water and Sewer Board meeting of May 13, 1980, and the recoDDenda- tiona contained there. Mr. Wanuah presented the reconmendation to approve Supplement 26 South Arapahoe Sanitation District. June 2, 1980 Page 6 COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE SUPPLEMENT 26 SOUTH ARAPAHOE SANITATION DISTRICT FOR EXCLUSION. Council Mem- ber 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. Mr. Wanush presented the reconmendation to approve Sup- plement 74 Southgate Sanitation District. Council Member Higday stated the Water and Sewer Board was presently reviewing contracts and sine this task had not yet been completed, he felt Council should refrain from taking further action regarding Supplement 74 and other supplements. COUNCIL MEMBER HIGDAY MOVED TO TABLE THE MATTER ON SUP- PLEMENT 74 SOUTHGATE SANITATION DISTRICT. Council Member Fitzpatrick seconded the motion. City Manager Mccown stated there was discussion at the Water and Sewer Board meeting although a formal recoDlllendation had not been made for the City to review all contracts with different districts for which the City served. The purpose of the review was to come up with a study on what debt and service obligations were being incurred. There was also discussion of hiring an attorney skilled in this area to review the contracts. Mr. Mccown stated if it was the intent of Council to hire an attorney then it would take some time for the study to be completed; and this reco11111enda- tion for approval of Supplement 74 could be postponed for several months. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '11le Mayor declared the motion carried. Council Member Neal requested the matter be discussed further at a study session. Mr. Wanush presented the Water and Sewer Board's recom- mendation to approve Supplement 75 Southgate Sanitation District. June 2, 1980 Page 7 COUNCIL MEMBER HIGDAY MOVED TO TABLE CONSIDERATION ON THE RECOMMENDATION FOR SUPPLEMENT 75. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Maya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'nte Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Conmunication concern- ing a change in corporate structure for Fifteenth Street, Inc., d/b/a Waldorf, 4595 South Santa Fe Drive. COUNCIL MEMBER BILO MOVED TO APPROVE THE CHANGE IN COR- PORATE STRUCTURE FOR FIFTEENTH STREET, INC., D/B/A WALDORF, 4595 SOUTH SANTA FE DRIVE. 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. 'nte Mayor declared the motion carried. * * * * * * Mayor Otis presented a recomnendation from the Library Board meeting of May 13, 1980, concerning Englewood's participa- tion in Shared Automated Library Information System. Mayor Otis stated the recomnendation pertained to sharing computer applica- tions with other coD111Unities. COUNCIL MEMBER KEENA MOVED TO APPROVE THE ENGLEWOOD PUBLIC LIBRARY'S PARTICIPATION IN THE PROPOSED MULTI-LIBRARY AUTOMATED INFORMATION SYSTEM; THIS WILL INCLUDE THE 3RD ALTER- NATIVE WHICH IS THE PURCHASE ALTERNATIVE OVER A FIVE YEAR PERIOD. 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. June 2, 1980 Page 8 The Mayor declared the motion carried. ORDINANCE NO. 12 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE '69 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW ARTICLE THERETO, CREATING A LOCAL LIQUOR LICENSING AUTHORITY; ESTABLISHING THE POWERS, DUTIES, MEMBERSHIP, AND QUORUM, THEREOF; PROVIDING FOR THE TERMS AND THE MANNER AND METHOD OF APPOINTMENT OF THE MEMBERS OF SUCH AUTHORITY; PROVIDING THAT SUCH AUTHORITY SHALL HAVE ALL THE POWERS OF A LOCAL LICENSING AUTHORITY AS SET FORTH IN ARTICLES 46, 47 AND 48 OF TITLE 12, C.R.S., 1973, AS AMENDED. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 2, SERIES OF 1980, ON FINAL READING. Council Member Keena 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. 13 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF GREENWOOD VILLAGE, COLORADO, RELATING TO THE USE OF THE ANIMAL SHELTER FACILITIES WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1980, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: June 2, 1980 Page 9 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '11le Mayor declared the motion carried. Council Member Higday noted he favored passage of the contract at this time since it and other contracts would be re- viewed in October of this year and any changes to be made would be pertinent at that time rather than now. ORDINANCE NO. 14 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING SECTION 13, CHAPTER 3, TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AUTHORIZING THE APPOINTMENT OF A HEARING OFFICER BY THE BOARD OF CAREER SERVICE COMMISSIONERS, DEFINING HIS DUTIES. At the approval of Council, Malcolm Atkins, 3814 South Sherman, president of the Englewood Employees Association, ap- peared before Council. Mr. Atkins submitted a letter from the attorney for the EEA, Jonathan Wilderman, 180 Cook Street, Denver. The letter was dated May 20, 1980. Mr. Atkins stated the letter related to the concerns EEA has regarding the hearing officer. Mr. Atkins stated the association agreed with the hearing officer concept but disagreed with the method of selection. Council Member Higday expressed his concerns on being transmitted a document pertaining to an agenda item just prior to making a decision on that item. Mr. Higday requested a recess for the purpose of reading the letter from Mr. Wilderman. Mayor Otis declared a recess at 8:40 p.m. Council re- convened at 8:50 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, Bradshaw, Otis. Absent: None. '11le Mayor declared a quorum present. June 2, 1980 Page 10 COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 14, SERIES OF 1980, ON FINAL READING. Council Member Bradshaw seconded the motion. Council Member Fitzpatrick stated on reviewing the letter submitted by Mr. Atkins, there were some items that needed to be dis- cussed. Mr. Fitzpatrick suggested passing the bill and keeping the reco1111endations presented by the EEA for review in a study session. Council Membe~ Neal stated the recoDlllendations in the letter in part dealt with contractual provisions between the City and the employee association; and therefore, were not pertinent to the bill being considered. Upon a call of the roll, the vote to pass Council Bill No. 14 on final reading resulted as follows: Ayea: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Haya: None. '11te Mayor declared the motion carried. * * * * * * Aaaistant City Attorney DeWitt presented Council Bill No. 17, relating to the operation of the municipal court system. Council Member Keena stated the bill for an ordinance was prepared at her request because of her concern of the legality with the state statute, the home rule charter and the municipal code as presently written. Ma. Keena stated the bill had been presented to the Municipal Court Judge and a response from him had not been received. Me. Keena suggested postponing the bill to allow more time for a response from the judge. COUNCIL MEMBER KEENA MOVED TO POSTPONE COUNCIL BILL NO. 17 AND THAT IT BE PLACED ON THE AGENDA TWO WEEKS FROM THIS MEETING. 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. '111e Mayor declared the motion carried. * * * * * * June 2, 1980 Page 11 RESOLUTION NO. 22 SERIES OF 1980 A RESOLUTION APPOINTING GEORGE L. ZOELLNER, ATTORNEY AT LAW, OF 14221 E. 4TH AVENUE, 1122, AURORA, COLORAIX>, 80011, AS SPECIAL COUNSEL IN LITIGATION RECENTLY COMMENCED BY RICH, ET AL, V. CITY OF ENGLEWOOD, IN CONNECTION WITH CONSTRUCTION OF THE WATER TOWER IN SOUTHEAST ENGLEWOOD. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 22, SERIES OF 1980. 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. 'lbe Mayor declared the motion carried. RESOLUTION NO. 23 SERIES OF 1980 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF THE SOUTHLAND CORPORA- TION, D/B/A 7-ELEVEN FOOD STORES 11831-13206, FOR A RETAIL 3.2% BEVERAGE LICENSE, OFF PREMISE CONSUMPTION, TO BE LOCATED AT 3900 SOUTH BROADWAY, ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 23, SERIES OF 1980. Council Member Keena seconded the motion. COUNCIL MEMBER FITZPATRICK MOVED TO TABLE THE RESOLU- TION NO. 23 UNTIL THE OTHER INFORMATION WAS AVAILABLE FROM THE SAME APPLICANT FOR A LICENSE AT 3501 SOUTH LOGAN. Council Mem- ber Bilo seconded the motion. Assistant City Attorney DeWitt stated there was a re- quirement in the state statute that a decision be made within 30 days after completion of the hearing. The hearing was held on May 12, 1980, and Mr. DeWitt advised Council to make a de- cision within 30 days from May 12, 1980. Upon a call of the roll, the vote on the motion to table resulted aa follows: Ayes: Council Members Neal, Fitzpatrick, Bi lo. June 2, 1980 Page 12 Nays: Council Members Higday, Keena, Bradshaw, Otis. 'lbe Mayor declared the motion defeated. Upon a call of the ·roll, the vote on the original mo- tion to pass Resolution No. 23, Series of 1980, resulted as fol- lows: Ayes: Nays: Council Members Neal, Keena, Bilo, Bradshaw. Council Members Higday, Fitzpatrick, Otis. 'nle Mayor declared the motion carried. RESOLUTION NO. 24 SERIES OF 1980 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF EL RANCHERITO RESTAURANT, INC., A COLORADO CORPORATION, D/B/A EL RANCHERITO, FOR A RETAIL 3.21 BEVERAGE LICENSE, ON PREMISE CONSUMPTION, TO BE LOCATED AT 16 EAST GIRARD AVENUE, ENGLEWOOD, COLORADO. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 24, SERIES OF 1980. 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. * * * * * * Assistant City Attorney DeWitt stated he was prepared to discuss the Pratt matter if Council chose. Council requested that discussion be delayed until more information was available. * * * * * * June 2, 1980 Page 13 City Manager Mccown presented a Council Conmunication concerning appointment to the Water and Sewer Board for the va- cancy extending to February 1, 1984. COUNCIL MEMBER KEENA MOVED TO APPOINT OLIVER GISEBURT TO THE WATER AND SEWER BOARD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Maya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Discussion ensued regarding advertising in the Englewood Citizen and Englewood Herald Sentinel for filling the positions of the new Liquor Licensing Authority. Council Member Neal stated he preferred to begin the interviewinf process sometime in July and delay implementing the authority unti possibly September. Mr. Neal stated he preferred this delay in view of the matter regarding the violation of the Dart Board which should be handled by Council. City Manager Mccown asked Assistant City Attorney DeWitt if once the ordinace became effective what happened if a liquor license application was submitted. Did Council sill have the authority to hear the application? Mr. DeWitt stated if an application came in before the effective date of the ordinance it would be processed underneath the present procedure. If it cames in after the effective date of the ordinance it would be followed under the new procedure. Council Member Keena stated she recalled City Attorney Berardini saying the authority would not take effect until the appointments were made. Council Member Neal stated that was his understanding also. Council Member Keena asked for clarification on this point from Mr. DeWitt. Mr. DeWitt stated he would report back to Council on this matter. * * * * * * Council discussed taking a survey on the license fees charged by other conaunities in a comparative study of what was presently being charged by Englewood. June 2, 1980 Page 14 Council Member Keena requested that when Council review- ed license fees that fees for escort services, massage parlors, and liquor licenaes all be reviewed. Council diacuaaed incorporating the massage parlors licenses, escort services licenses, etc. within the responsi- bility of the Liquor Licensing Authority. Council Member Keena requested the City Manager to investigate the possibility of doing so. * * * * * * '11lere was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:13 p.m.