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HomeMy WebLinkAbout1980-06-16 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 16, 1980 '!be City Council of the City of Englewood, Arapahoe County , Colorado, met in regular session at 7:30 p.m. on June 16, 1980. Mayor Otis, presiding, called the meeting to .. order. '!be invocation was given by Reverend Robert Holman, Englewood Wesleyan Church, 4609 South Fox Street. The pledge of allegiance 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. Abaent: None. '!be Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush City Attorney Berardini Municipal Court Judge Parkinson Director of Engineering Services Diede Director of Wastewater Treatment Brookshire Director of Parks and Recreation Romans Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * Council Member Neal noted a correction to the minutes of June 2 , 1980. The correction was on page 4, fourth paragraph. Mr. Neal stated he would like the minutes to reflect that his motion concerning the proposed resolution of intent would be simply a beginning point for considering the district. Council Member Keena noted an addition to the minutes of June 2, 1980, on page 4, first paragraph. Ms. Keena stated June 16, 1980 Page 2 the additional paragraph should read as follows: "Council Member Keena pointed out that the $500 was in addition to the $2,000 coats normally incurred by the City for assisting the Jaycees during thia project". COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JUNE 2, 1980, AS AMENDED. Council Mem- ber Bradshaw 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. * * * * * * Scheduled visitor Ken F. Waechter, 3127 West Tufts, appeared before Council. Mr. Waechter represented citizens of Centennial Acres who opposed the tranafer of Englewood Fire Sta- tion No. 2 to the City of Sheridan. Mr. Waechter referred to a staff report from Chief Beeson concerning the possible -transfer and the coats involved. Mr. Waechter stated the residents felt that Centennial Acres waa part of the City of Englewood and en- titled to the protection for which ita tax dollars have paid to equip and train firefi,htera. Mr. Waechter submitted petitions containing approximate y 680 signatures of residents who oppose the idea. Council received the petitions and assured Mr. Waechter that no action would be taken until more information was avail- able and a public hearing held. Further discussion ensued between Council and Mr. Waechter. COURCIL MEMBER HIGDAY l«>VED THAT STAFF ABANDON THE PRO- JECT. Council Member Keena seconded the motion. City Manager Mccown stated the request for the transfer was initiated by a direct cot1111Unication from the Sheridan City Coun-/ cil to the Englewood City Council. Chief Beeson's report was in response to that request. Upon a call of the roll, the vote on Council Member Higday'a motion to abandon the project on the transfer of the Fire Station No. 2 resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. June 16, 1980 Page 3 Nays: None. The Mayor declared the motion carried. * * * * * * Scheduled visitor, Gary Diede, Director of Engineer- ing Services, appeared before Council. Mr. Diede discussed the May 28th bid opening for the Belleview Park Channel Improvements. The low bidder was Be bo Construction Company for $249,896.60. Mr. Diede stated some of the items in the contract were reduced and Bebo Construction Company's bid could be reduced to $233,000. Mr. Diede reco111nended awarding the bid to Bebo Construction Com- pany for $233,000 and reappropriating $77,000 from other PIF projects to cover the total estimated cost of the project. COUNCIL MEMBER BRADSHAW MOVED TO AWARD THE BELLEVIEW PARK CHANNEL IMPROVEMENTS TO BEBO CONSTRUCTION COMPANY FOR $233,000 AND REAPPROPRIATE $77,000 FROM OTHER PUBLIC IMPROVE- MENT PROJECTS TO COMPLETE THE PARK IMPROVEMENTS. Council Mem- ber 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. The Mayor declared the motion carried. * * * * * * Mayor Otis asked there were any other visitors who wished to speak to Council. Harry Musser, 5065 South Huron, appeared before Coun- cil. Mr. Musser submitted petitions from residents in south Englewood requesting Council to take all measures necessary to insure the completion of the water tower for the citizens who are affected in the area by low water pressure. Mr. Musser stat- ed the petitions were signed by approximately 452 citizens. Council expressed their appreciation for the citizen support. * * * * * * Municipal Court Judge Louis Parkinson, 590 Pennwood Circle, appeared before Council. Judge Parkinson expressed June 16, 1980 Page 4 opposition to Council Bill No. 17 which proposes to transfer administrative powers from the Court to the City Manager. Judge Parkinson requested that Council Bill No. 17 be tabled until a valid legal opinion supporting the proposed ordinance can be obtained; a co11111ittee can review it and offer advice; a con- sultant experienced in court management can be retained and bis report received and considered; or further consideration of additional alternatives can be made. There were no questions to ask of the Judge at this time. * * * * * * There were no other visitors at this time. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEARING. 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. The Mayor declared the motion carried. City Manager Mccown stated the purpose of the public hearing was to consider an ordinance on final reading which de- linated the special flood hazard for Harvard Gulch. Alice Fessenden, Associate Planner, appeared before Council. Ma. Feaaenden offered testimony concerning the amend- ment to the Flood Plain Ordinance, affecting property along West Harvard Gulch. She submitted the certification of posting for this hearing. Ma. Fessenden stated notice of public hearing was published in the local newspaper on May 21, 1980. Ms. Fessenden testified that the Planning and Zoning Co11111ission held a public hearing concerning the amendment on April 22, 1980, and then sub- mitted the Planning Co11111ission's reco11111endation in favor of the amendment. There were no questions from Council. Mayor Otis asked if there was anyone wishing to speak either in favor or against the amendment. June 16, 1980 Page 5 Oliver Giseburt, 3171 South High, appeared before Coun- cil. Mr. Giseburt asked whether or not the federal flood insur- ance in downtown Englewood would be affected if the ordinance was not adopted. Assistant City Manager Wanush responded to Mr. Giseburt's question. Mr. Wanush stated both federal and state law require that Englewood participate fully in the flood insurance program and adopt legitimate maps. If the City failed to do that, then there was a possibility the federal government would revoke all flood insurance within the entire district not just in certain areas the City did not approve. There were no further conments to be made. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEAR- ING. 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. 0KU1NAM~~ NO. 1~ S~Kl~S or 1980 BY AUTHORITY U>UN~1L H1LL NO. lb INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING SECTION 22.4B-3(c) OF THE CITY COMPREHENSIVE ZONING ORDINANCE RELATING TO IDENTIFICATION OF THE AREAS OF SPECIAL FLOOD HAZARD (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED). COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 16, SERIES OF 1980, ON FINAL READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Keena conmended Ms. Fessenden for the presentation. * * * * * * June 16, 1980 Page 6 were: "Co111DUnicationa -No Action Recot1111ended" on the agenda (a) Minutes of the Housing Authority special meeting of April 22, regular meeting of April 23, regular meeting of May 1 and special meeting of May 8, 1980. (b) Minutes of the Board of Adjustment and Appeals meeting of May 14, 1980. (c) Minutes of the Planning and Zoning Com- mission meeting of May 20, 1980. (d) Minutes of the Downtown Development Authority meetings of May 20, and May 28, 1980. (e) Memorandum for the Mayor and Members of City Council from the Public Library Ad- visory Board concerning the 1980 First Quarter Activity Report. (f) Municipal Court Activity Report for the month of May, 1980. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" 5(A) THROUGH 5(F). Council Mem- ber 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 presented a Council Comnunication from the Water and Sewer Board concerning hiring legal counsel to review sewer district contracts. Council Members Higday and Fitzpatrick spoke in support of hiring an attorney to review these contracts. Council discussed coats involved in hiring outside legal counsel and the possibility of having the Assistant City Attorney assigned to the review. Mr. Berardini dissuaded Coun- cil from assigning this project to Mr. DeWitt. June 16, 1980 Page 7 COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY ATTORNEY TO RETAIN LEGAL COUNSEL FOR THE PURPOSE OF REVIEWING ALL OUTSTAND- ING LEGAL CONTRACTS WITH THE VARIOUS SEWER DISTRICTS SERVED BY ENGLEWOOD AND PREPARE A REPORT SUMMARIZING THE LEGAL COMMITMENTS OF THE CITY AND RECOMMENDING ANY CONTRACTURAL CHANGES THAT MAY BE IN THE BEST INTEREST OF THE CITY WITH THE STIPULATION OF COSTS TO BE NO MORE THAN $15,000. Council Member Fitzpatrick seconded the motion. Council Member Neal suggested contracting with the attorney to have an on-going relationship with the Water and Sewer Board. Mr. Neal asked Council to consider his suggestion and discuss it at a later point and time. Upon a call of the roll, the vote on motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Connnunication from the Water and Sewer Board concerning Supplement 74 South- gate Sanitation District. Mr. Mccown recomnended since Council had addressed the overall concern to have an attorney review the contracts with various districts, it would be all right to ap- prove this supplement. COUNCIL MEMBER HIGDAY K>VED TO REMOVE FROM TABLE THE CONSIDERATION TO APPROVE SUPPLEMENT 74 OF THE SOUTHGATE SANITA- TION DISTRICT. 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. COUNCIL MEMBER HIGDAY K>VED TO APPROVE THE ANNEXATION OF SUPPLEMENT 74 TO SOUTHGATE SANITATION DISTRICT. Council Mem- ber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: June 16, 1980 Page 8 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * The next agenda item was a Council Co11111Unication from the Water and Sewer Board concerning Supplement 75 Southgate Sanitation District. COUNCIL MEMBER HIGDAY MOVED TO REMOVE FROM TABLE FOR CONSIDERATION SUPPLEMENT 75 OF THE SOUTHGATE SANITATION DISTRICT. 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. COUNCIL MEMBER HIGDAY MOVED TO APPROVE THE ANNEXATION OF SUPPLEMENT 75 TO THE SOUTHGATE SANITATION DISTRICT. 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 presented a Council Co11111Unication from the City Clerk concerning annual renewal of liquor licenses for vari- ous outlets. COUNCIL MEMBER KEENA MOVED TO APPROVE THE ANNUAL RENEWAL OF LIQUOR LICENSES FOR THE FOLLOWING: SPORT BOWL BOB' S GROCERY OLD TOWN LIQUORS 3295 S. BROADWAY 3296 S. WASHINGTON ST. 1215 E. HAMPDEN AVE. 3.2 BEER/ON PREMISES 3.2 BEER/OFF PREMISES RETAIL/LIQUOR STORE I June 16, 1980 Page 9 Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Co11111Unication from the Parka and Recreation Department for a banner across South Broad- way. The Parks and Recreation Department requested that Council issue a temporary permit approving the installation of a banner across South Broadwar. from June 13th to June 23rd to help pro- mote "Super Saturday' in recognition of National Parks and Re- creation Month. COUNCIL MEMBER FITZPATRICK MOVED TO ISSUE THE TEMPO- RARY PERMIT APPROVING THE INSTALLATION OF A BANNER ACROSS SOUTH BROADWAY FROM JUNE 13TH TO JUNE 23RD. Council Member Bradshaw 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 declared a recess at 8:45 p.m. Council re- convened at 9:05 p.m. Mayor Otis asked for roll call. Upon a of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * June 16, 1980 Page 10 Mayor Otis presented a Council Conmunication from the Executive Director of Englewood Housing Authority concerning a Formalized Management Agreement. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AH ORDINANCE. Council Member Bradshaw seconded the motion. In response to Council Member Fitzpatrick's questions, Mr. Berardini stated he would check into several items of the agreement that needed clarification, e.g., term of the agreement, record keeping responsibility, audits, liability if there was error, etc. Council Member Keena asked if the Finance Department could comply with this agreement. City Manager Mccown stated this request from the Hous- ing Authority was actually what the Finance Department had been doing for several years without an agreement. Therefore, there would be no new additional work unless the Authority added more programs. 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 Manager Wanush presented a Council Com- munication from the Building Division of the Department of Com- munity Development concerning the Chief Building Inspector's re- cot11Dendations on amendments to the 1978 National Electric Code. Mr. Wanush stated this co11111Unication was from the Chief Build- ing Inspector in response to items that came up at Council's last meeting with the Building Code Review CoDIDittee. The Fire Department has supported the recotllDendations of the Chief Build- ing Inspector and the Code Review Co11111ittee. Mr. Wanush recom- mended that Council direct an ordinance to be prepared adopting all the codes and at the time of the public hearing take addi- tional testimony relating to the items mentioned in the Chief 'a memorandum. June 16, 1980 Page 11 COUNCIL MEMBER KEENA MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE A BILL FOR AR ORDINANCE ACCEPTING ALL THE BUILDING CODE REVIEW COJilillTTEE'S RECOJiMERDATIORS. Council Member Higday seconded the motion. COUNCIL MEMBER REAL t«>VED TO AMEND THE MOTION AND TO DIRECT THE CITY ATTORREY TO PREPARE PROPER AMENDMENTS FOR COUN- CIL'S CORSIDERATIOR IRCORPORATIRG THE CHANGES SUGGESTED BY THE CHIEF BUILDING INSPECTOR SO THAT COUNCIL COULD HAVE THEM AVAIL- ABLE AT THAT TIME. Council Member Bradshaw seconded the motion. Council Member Real stated the purpose of his motion was to have the amendments prepared beforehand should Council decide to incorporate some of the changes at the public hear- ing. Council Member Keena spoke against the amended motion. Ma. Keena stated amendment• could be made after the public hear- ing. Upon a call of the roll, the vote on the amendment made by Council Member Real resulted as follows: Ayes: Nays: Council Members Higday, Neal. Council Members Fitzpatrick, Keena, Bilo, Bradshaw, Otis. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original mo- tion made by Council Member Keena resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Director of Wastewater Treatment Bill Brookshire ap- peared before Council and presented a Council Co11111Unication con- cerning the existing Waatewater Treatment Plant Contract 1 - Cleanup. Director Brookshire stated sealed bid• for the first step in cleaning up the old wastewater treatment plant were re- ceived on June 3, 1980. Mr. Brookshire stated the low bid was Diamond Re-Serv-Al Company for $42,997.15. Mr. Brookahire stated June 16, 1980 Page 12 plant officials were working with the atate health depar·t.11ent at this time to finalize the old plant permit and recos•ended that Council go ahead and award the bid becauae there waa a good chance that the permit would be iaaued. Mr. lroo'<•hire stated the cities would not make the Auguat, 1911, d•cdline unless the phases get started. COUNCIL MEMBER FITZPATRICK ll>VID 'l'O APPIOVE THE CON- TRACT FOR THE CLEANING OF THE EXISTllC WASTIWATll TREATMENT PLANT OR CONTRACT TO DIAMORD RE-SERV-AL II 'rHI AMOURT OF $42,997.15. Council Member Bilo seconded the llOtion. Upon a call of the roll, the vote reaulted aa follova: Ayes: Nays: Council Members Higday, Meal, Fitzpatrick, Keena, Bilo, Brada6aw, Otia. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council CoD111Unication from the Engineering Services Department concerning the award of construction contract for Gilsonite Program (seal cost) 1980. Mr. Mccown stated the staff was reco11111ending the award of bid be made to the low bidder Bestway Paving whose bid was $17,687.16. COUNCIL MEMBER KEENA MOVED TO AWARD THE CONTRACT FOR THE GILSONITE PROGRAM OF 1980 TO BESTWAY PAVING IN THE AMOUNT OF $17,687.16. 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. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 17 INTRODUCED BY COUNCIL MEMBER KEENA June 16, 1980 Page 13 A BILL FOR AN ORDINANCE AMENDING SECTIONS 1 AND 3, CHAPTER 6, TITLE I, OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO THE OPERATION OF THE MUNICIPAL COURT SYSTEM. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 17, SERIES OF 1980, ON FIRST READING. Council Member Higday seconded the motion. Council Member Keena made con111ents in support of and re- con111ended approval of Council Bill No. 17. Ms. Keena suggested hiring an independent group to come in and look at the present structure of the court system and its relationship under this ordinance if Council deemed it necessary. 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. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 18 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS ORDINANCE NO. 11, SERIES OF 1980, VACATING THAT CERTAIN ALLEY IN CANFIELD'S SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER NEAL l«>VED TO PASS COUNCIL BILL NO. 18, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. June 16, 1980 Page 14 Nays: None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A COITRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CORTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 19, SERIES OF 1980, ON FIRST READING. 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. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a resolution relat- ing to the affiliation of the Englewood Police and Firefighters with the pension plan of the Colorado State Fire and Police Association. Director of Finance/ex officio City Clerk-Treasurer Gary Higbee appeared before Council to explain the intent of the resolution. Mr. Hi,bee stated all police and firefighters hired after April 7, 19 8, were currently under the state p~n­ aion plan. Mr. Higbee stated this reaolution would ask the state association to aacertain if it would be in the City's best financial interest to have the state administer the rest of the police and firefighters (those hired prior to April 7, 1978) plan and what the contribution rate would be. After the State had responded then the decision would be made on whether or not to affiliate. June 16, 1980 Page 15 City Attorney lerardini eeuggeeted amendments to the resolution to make certain the resolution would not be binding to affiliate. Mr. Berardini auggeeted striking "OF INTENT TO AFFILIATE" in the title and inaert "RELATING TO THE AFFILIATION OF THE". In the fourth "vhereaa", strike "intends" and insert "may chose". In aection 1, strike "does hereby intend, at a future date ••• to" and inaert ''may prior to January 1, 1981," and strike in the laat line "on January 1, 1981". RESOLUTION NO. 25 SERIES OF 1980 A RESOLUTION QP-llrlJUrl-1'8-APPl~IA!B RELATING TO THE AFFILIATION OF THE ENGLEWOOD POLICE ARD FIREFIGHTERS WITH THE COLORADO FIRE AND POLICE PENSION ASSOCIATION. COUNCIL MEMBER KEENA MOVED TO PASS RESOLUTION NO. 25, SERIES OF 1980, AS AMENDED. Council Member Higday seconded the motion. Council Member Bradshaw expressed her concerns about voting on the resolution when eo many changes had been made to it. 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 suggested the next time numerous changes are planned to be proposed that the changes be typed up and xeroxed so Council can eee either the resolution or ordinance in its revised form. Director of Finance Higbee stated even though the City may affiliate, it would not effect the individual's affiliation. The retirement benefit• of the older employed policeman and fire- fighter would not change from what they were now. * * * * * * City Attorney Berardini presented a resolution relat- ing to the creation of a special improvement district in down- town Englewood. Mr. Berardini noted changes in the fourth where- as, third line, wherein "Chapter 12-1" should be striken and June 16, 1980 Page 16 "Chapter I, Title XII" ahould be added. Mr. Berardini stated the same change should be made on page 2 in the first whereas, first line and second line. RESOLUTION NO. 26 SERIES OF 1980 A RESOLUTION ACCEPTING PETITIONS FOR THE CREATION OF A SPECIAL IMPROVEMENT DISTRicr, DECLARING THE INTENTION OF THE CITY COUN- CIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DIS- TRicr IN THE CITY TO BE DESIGNATED AS DOWNTOWN IMPROVEMENT DIS- TRicr NO. 1980-1, ADOPTING DETAILS ARD SPECIFICATIONS FOR THE PROPOSED DISTRicr, ARD OllDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWRERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRicr. COUNCIL MEMBER NEAL K>VED TO PASS RESOLUTION NO. 26, SERIES OF 1980, AS AMENDED. Council Member Bilo seconded the motion. Council Member Keena noted if Section 9 of the re- solution allowed Council to change the district extensively as far as a11essment1 or projects and if there would be any problems with the validity of the ordinance. Assistant City Manager Wanush stated in his conversa- tions with the bond attorney, it was his understanding that if Council altered the project in any way that would increase the burden or assessment on any particular property, then Council would have to go through the entire process again. The assump- tion was that if Council scaled down the scope of the project, more than likely an aeseasment of any one person would not in- crease. If Council down scaled the project and changed the method of assessment and one or two properties were increased then the process 1tart1 over. Council Member Keena noted the attachment of explana- tion from Director of Engineering Services Diede stating that the City's share was $135,000. Ma. Keena asked if the City had already paid this amount and would not have to pay anymore throughout the project. City Manager Mccown stated the $135,000 had not been given to the EDDA but it was appropriated. Council Member Keena asked if any of the items under miscellaneoua coats came from a mill levy that going to the EDDA or was it strictly part of the project. June 16, 1980 Page 17 Council Member Neal stated the act specifically pro- vided that the City may assess the EDDA or any development au- thority for administrative costs with the project. Council Member Higday stated he was not sure he was in favor of the project itself; but was going to vote in favor of the 1DOtion in order to hold a public hearing and hear from the people. Upon a call of the roll, the vote on Council Member Neal's 1DOtion to pass Resolution No. 26, as amended, 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 SET THE DATE OF PUBLIC HEARING ON JULY 14, 1980, AT 7:30 P.M. ON RESOLUTION NO. 26, FOR THE DOWNTOWN IMPROVEMENT DISTRICT. 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 Manager Mccown passed out a proposed timetable of events for the district. Council Member Neal requested that the City Manager obtain a financial statement from the EDDA of its present fi- nancial condition. RESOLUTION NO. 27 SERIES OF 1980 * * * * * * A RESOLUTION PROVIDING FOR THE NOTICE OF SALE OF SPECIAL ASSESS- MENT BONDS FOR PAVING DISTRICT NO. 27, IN THE PRINCIPAL AMOUNT OF $297,386. June 16, 1980 Page 18 COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 27, 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. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMA- TION DECLARING THE TWENTY-ONE DAYS FROM FLAG DAY THROUGH INDEPEN- DENCE DAY AS A PERIOD TO "HONOR AMERICA". 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 Attorney Berardini submitted the Findings of Fact, Conclusions of Law and Order for Rich et al vs. City of Englewood in the matter of the water tower case. Mr. Berardini stated the court was making findings that special damages were accuring to properties in the vicinity. The Court was ordering the Council to have certain public hearings consistent with the zoning ordi- nance. Mr. Berardini stated it was his opinion that the Court had made reversible error in exceeding its authority and exceed- ing the request for preliminary injunction. "r. Berardini stated his office had filed a motion to strike certain matters in the original petition, a motion to vacate the preliminary injunction and a motion for a new trial. Mr. Berardini submitted a report from Mr. Zoellner, special counsel, in this case. City Attorney Berardini advised Council to hold a study session with Mr. Zoellner to discuss the contents of the report. Mr. Berardini suggested June 30th for the date of study session. * * * * * * City Attorney Berardini submitted a petition for sus- pension or revocation pursuant to Title 12-47-110, C.R.S. 1973, June 16, 1980 Page 19 as amended for the tavern license of John W's, Inc., d/b/a The Dart Board, 3467 South Broadway. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE AND RATIFY THE IMITATIVE AND LETTER FOR THE PUBLIC HEARING AGAINST JOHN W'S, INC., AND SET THE PUBLIC HEARING FOR JULY 3, 1980, AT 6:30 P.M. Council Member Neal seconded the motion. Council Member Keena asked the City Attorney for a copy of the State Liquor Code containing the rules and regula- tions regarding the violation. 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 responded to Council's request for information relating to incorporating the liquor licens- ing authority with the power to license massage parlors and es- cort services. Mr. Berardini stated under the state statutes the same duties and responsibilities were placed under City Coun- cil with reference to licensing massage parlors and escort ser- vices. Mr. Berardini stated it was his opinion that this re- sponsibility could be delegated to the same board. Mr. Berardini stated Council may want to consider amending the existing liquor licensing board ordinance to include these obligations and duties or Council may want to consider creating a separate board to hear massage parlors and escort service matters. * * * * * * City Manager Mccown presented a Council Communication concerning budget -fiscal year 1981, requesting that Council establish dates for pre-budget and general revenue sharing hear- ings. COUNCIL MEMBER NEAL MOVED TO SET THE DATE OF JULY 7, 1980, AT 7:30 P.M. FOR A PRE-BUDGET HEARING AND GENERAL REVENUE SHARING FUNDS HEARING FOR FISCAL YEAR 1981 AND THAT APPROPRIATE NOTICE BE GIVEN IN THE NEWSPAPER. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: June 16, 1980 Page 20 Ayes: Naya: 11le Mayor Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * City Manager Mccown noted that attached to the budget memo just transmitted was a budget timetable. Mr. Mccown asked that Council consider what kind of arrangements should be made for the budget retreat. * * * * * * Mr. Mccown passed out a letter from Harvey Pratt re- signing from the Board of Adjustment and Appeals. Council directed the City Manager to start placing ads in the newspaper solicting applications for the position. COUNCIL MEMBER BILO MOVED TO ACCEPT HARVEY PRATT'S LETTER OF RESIGNATION WITH REGRET. Council Member Keena 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. 11le Mayor declared the motion carried. * * * * * * City Manager Mccown passed out a report from the Elec- tion Connission regarding a public hearing held concerning recom- mendations of changes in the election procedure. Mr. Mccown stated July 21st would be the last day to paas an ordinance and get a charter amendment on the election ballot. * * * * * * City Manager Mccown reminded Council that on the 21st of June, the members have been invited to play softball against the recreational staff. * * * * * * I June 16, 1980 Page 21 City Manager Mccown stated the study session agenda on June 30th would be to review legal requirements and proce- dures for rezoning hearings prior to the Littlehorn zoning case; and also to meet with Mr. Zoellner to discuss the water tower case. * * * * * * Council Member Keena requested that a letter be sent to the Building Code Review CoDlllittee connending them for promptly handling the review of codes and making recomnendations to Coun- cil. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10:40 p.m.