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HomeMy WebLinkAbout1980-07-21 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 21, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 21, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Roland Andrews, Grace Baptist Church of Englewood, 4200 South Acoma Street. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for a 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 quor\Xll present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE MINUTES OF THE SPECIAL MEETING OF JUNE 30, 1980. Council Member Keena seconded the ~otion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Nays: None. Abstain: Council Member Bilo. The Mayor declared the motion carried. * * * * * * July 21, 1980 Page 2 COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 3, 1980. Council Member Fitz- patrick seconded the notion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 7, 1980. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors. * * * * * * Mayor Otis asked if there were any other visitors pre- sent who wished to address Council. H. W. Green, 4291 South Washington, appeared before Council and discussed the ordinance concerning the trapping of cats. Mr. Green asked if he could receive a copy of the ordi- nance which City Attorney Berardini stated he would send to hin. Council Member Higday requested that he receive a copy of the ordinance also. July 21, 1980 Page 3 Connie Countie, 4256 East Maplewood Drive, Littleton, appeared before Council. Ms. Countie stated she wanted to intro- duce herself to Council as a candidate seeking Republican election for State Senator from the 20th Senatorial District. 'n'lere were no other visitors at this time. * * * * * * COUNCIL MEMBER NEAL MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS FOR PAVING DISTRICT NO. 27. 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 stated the ordinance authorizes the issuance of special assessment bonds to pay for most of the con- struction of Paving District No. 27. Mr. Mccown stated the amount of issuance was $297,386 and he recommended approval of the ordi- nance. Mayor Otis asked if there was anyone present who wished to speak in favor of the bond issue. No one responded. Mayor Otis asked if there was anyone present who wished to speak against the bond issue. No one responded. COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. 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. ORDINANCE NO. 19 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 23 INTRODUCED BY COUNCIL MEMBER KEENA July 21, 1980 Page 4 AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 27, FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND I GUTl'ER AND SIDEWALK IMPROVEMENTS, IN SAID DISTRICT; .PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 23, SERIES OF 1980, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: were: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * "Connunications -No Action Recon111ended" on the agenda (a) Minutes of the Board of Adjustment and Appeals meeting of June 11, 1980. (b) Minutes of the Denver Regional Council of Governments meeting of June 18, 1980. (c) Minutes of the Downtown Development Authority meeting of July 9, 1980. (d) Municipal Court Activity Report for the month of June, 1980. COUNCIL MEMBER NEAL MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" -5(A) THROUGH 5(D). 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. * * * * * * July 21, 1980 Page 5 Assistant City Manager Wanush presented the minutes of the Water and Sewer Board meeting of July 8, 1980. Mr. Wanush discussed the Board's reconmendation to approve Supple- ment 76 to Southgate Sanitation District. COUNCIL MEMBER KEENA MOVED TO APPROVE ANNEXATION OF THE ADDITIONAL LAND IN THE SOUTHGATE SANITATION SERVICE AREA OR SUPPLEMENT 76. 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. 'nle Mayor declared the motion carried. * * * * * * Mr. Wanush discussed the Water and Sewer Board's recom- mendation to approve Supplement 77 Southgate Sanitation District. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE ANNEXATION OF THE ADDITIONAL LAND IN THE SOUTHGATE SANITATION SERVICE AREA OR SUPPLEMENT 77. 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. 'nle Mayor declared the motion carried. * * * * * * Mr. Wanush discussed the Water and Sewer Board's recom- mendation to approve the revised Coors contract on Boreas Pass water lease. Mr. Wanuah stated the change in the contract deals with a deletion of a clause that gave the Coors Brewery Company an option to purchase the water rights in the future. COUNCIL MEMBER HIGDAY MOVED TO RATIFY THE CONTRACT. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. July 21, 1980 Page 6 Nays: None. 'lbe Mayor declared the motion carried. ORDINANCE NO. 20 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGH- WAYS, CONCERNING CONSTRUCTION OF LITTLE DRY CREEK BRIDGE AT SOUTH PLATTE RIVER DRIVE IN THE CITY OF ENGLEWOOD. COUNCIL MEMBER FIZPATRICK MOVED TO PASS COUNCIL BILL NO. 20, SERIES OF 1980. 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. 'lbe Mayor declared the motion carried. ORDINANCE NO. 21 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD HOUSING AUTHORITY FOR THE ADMINISTRA- TION OF SEPARATE ACCOUNTS FOR HOUSING AUTHORITY PROJECTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 21, SERIES OF 1980, ON FINAL READING. Council Member Keena seconded the motion. Council Member Bradshaw stated this agreement puts in writing what administrative services the City performs for the Housing Authority. July 21, 1980 Page 7 Council Member Keena noted a typographical error in the second paragraph of the agreement. The word "required" was mistyped. 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. 22 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND CHERRY HILLS FIRE PROTECTION DISTRICT, CONCERNING MUTUAL AID DURING TIMES OF EMERGENCY. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 22, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick sec- onded the ~otion. 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 prefaced the introduction of the following bills noting that since the codes would be adopted by reference a public hearing had to be held for each one. ORDINANCE NO. SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER HIGDAY July 21, 1980 Page 8 A BILL FOR AN ORDINANCE REPEALING AND REENACTING CHAPTERS 1 AND 2, OF TITLE I III, '69 ENGLEWOOD MUNICIPAL CODE, ENTITLED, "BUILDING REGULATIONS," AND ADOPTING BY REFERENCE THE UNIFORM BUILDING CODE, 1979 EDITION, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 24, SERIES OF 1980, ON FIRST READING AND SET A PUBLIC HEARING DATE FOR AUGUST 11, 1980, AT 7:00 P.M. 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. 'nle Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REPEALING CHAPTER 4, TITLE III, OF THE 1969 ENGLEWOOD MUNICIPAL CODE ENTITLED "UNIFORM MECHANICAL CODE" AND ADOPTING BY REFERENCE IN LIEU THEREOF "UNIFORM MECHANICAL CODE" 1979 EDITION, TO PROVIDE MINIMUM STANDARDS TO SAFEGUARD LIFE OR LIMB, HEALTH, PROPERTY, AND THE PUBLIC WELFARE BY REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, INSTALLATION, QUALITY OF MATERIALS, LOCATION, OPERATION, AND MAINTENANCE OF INCINERATORS AND OTHER MISCELLANEOUS HEAT-PRODUCING APPLIANCES; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. I 25, SERIES OF 1980, ON FIRST READING, AND TO SET THE PUBLIC HEAR- ING FOR AUGUST 11, 1980, AT 7:00 P.M. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. July 21, 1980 Page 9 Nays: None. 'lbe Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 26 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE REPEALING AND REENACTING CHAPTER 3, OF TITLE III, '69 ENGLEWOOD MUNICIPAL CODE, ENTITLED "UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS' AND ADOPTING BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1979 EDITION, TO PROVIDE METHODS WHEREBY BUILDINGS OR STRUCTURES WHICH FROM ANY CAUSE ENDANGER LIFE, LIMB, HEALTH, MORALS, PROPERTY, SAFETY OR WELFARE OF THE GENERAL PUBLIC OF THEIR OCCUPANTS, MAY BE REQUIRED TO BE REPAIRED, VACATED, OR DEMOLISHED; REPEALING ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A PENALTY FOR THE VIOLATION OF THE PROVISIONS OF SAID CODE. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 26, SERIES OF 1980, ON FIRST READING, AND TO SET THE PUBLIC HEARING DATE FOR AUGUST 11, 1980, AT 7:00 P.M. 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. 'lbe Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE REPEALING AND REENACTING CHAPTER 9, TITLE III, OF THE '69 ENGLEWOOD MUNICIPAL CODE ENTITLED "PLUMBING" AND ADOPT- July 21, 1980 Page 10 ING BY REFERENCE THE UNIFORM BUILDING CODE, 1979 EDITION, TO PROVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE AND SAFETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRO- VIDING PENALTIES FOR VIOLATION THEREOF. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 27, SERIES OF 1980, AND SET THE PUBLIC HEARING DATE FOR AUGUST 11, 1980, AT 7 :00 P.H. Council Merr.ber Keena seconded the r11otion. 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 n:otion carried. * * * * * * City Attorney Berardini noted the following bill, Coun- cil Bill No. 28, should reference the National Electrical Code, 1978 edition, not the 1979 edition. ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE REPEALING AND REENACTING CHAPTER 10, TITLE Ill, '69 ENGLEWOOD MUNICIPAL CODE ENTITLED "ELECTRICAL CODE" AND ADOPTING BY REFERENCE THE NATIONAL ELECTRICAL CODE, 1978 EDITION, TO PROVIDE MINIMUM STANDARDS TO PROTECT PUBLIC HEALTH, WELFARE AND SAFETY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRO- VIDING PENALTIES FOR VIOLATION THEREOF. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 28, SERIES OF 1980, ON FIRST READING AND SET THE PUBLIC HEARING FOR AUGUST 11, 1980, AT 7:00 P.H. Council Member Fitzpatrick sec- onded the r11otion. Council Men1ber Neal discussed aniending the ordinance requiring different type of wiring for conrnercial rertodeling for the purpose of reducing fire hazards. COUNCIL MEMBER NEAL MOVED TO AMEND THE ORDINANCE TO DISTINGUISH BETWEEN RESIDENTIAL AND COMMERCIAL CONSTRUCTION July 21, 1980 Page 11 AREAS AND REQUIRE CONDUIT IN COMMERCIAL REMODELING. Council Member Fitzpatrick seconded the motion. Council Member Keena spoke against the a[llendment on the basis that it was not a reconnendation fror11 the Code Re- view Committee. lowa: Upon a call of the roll, the vote resulted as fol- Ayes: Naya: Council Mer11bers Neal, Fitzpatrick, Bradshaw. Council Members Higday, Keena, Bilo, Otis. The Mayor declared the amendment defeated. COUNCIL MEMBER NEAL MOVED TO AMEND 3-10-2 (a) (1) OF THE ORDINANCE AND TO CHARGE "EIGHT (8)" TO "TWO (2)". Council Member Fitzpatrick seconded the r11otion. Council Member Neal stated the introduction of this amendnient will leave the ability of an electrical contractor to actually bring the power supply into the building with aluminurn wiring. It would not, however, perr11it interior wiring of the building on an econornical basis with alWDinum wiring. Council Member Keena noted the Code Review Cormnittee agreed upon nWJJber 8. Upon a call of the roll, the vote on the ar11endment re- sulted aa follows: Ayea: Naya: Council Members Neal, Fitzpatrick. Council Members Higday, Keena, Bilo, lradahaw, Otis. '11'1e Mayor declared the amendr11ent defeated. Council Member Neal directed the City Attorney to pre- pare the language for an aniendnent to accor11plish the use of con- duit-inatalled wire in only cormercial areas for the next tirrie the billa were to be conaidered. Upon a call of the roll, the vote on the original rno- tion reaulted aa followa: Ayea: Counci 1 Mer11bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. July 21, 1980 Page 12 Nays: None. 'ftle Mayor declared the rootion carried. * * * * * * ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE REPEALING AND REENACTING TITLE II, CHAPTER 3, EN- TITLED "FIRE PREVENTION CODE," '69 ENGLEWOOD MUNICIPAL CODE, AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1979 EDITION. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 29, SERIES OF 1980, ON FIRST READING AND TO SET THE PUBLIC HEARING FOR AUGUST 11, 1980, AT 7:00 P.M. Council Mernber Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as fol- low•: Ayea: Naya: Council Menibers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'ftle Mayor declared the rnotion carried. * * * * * * ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE REPEALING CHAPTER 4, TITLE II, OF THE '69 ENGLEWOOD I MUNICIPAL CODE, REENACTING THE SAME WITH AMENDMENTS PROHIBITING THE MANUFACTURE, SALE, USE AND/OR POSSESSION OF FIREWORKS AS DEFINED HEREIN, AND PROVIDING FOR THE REGULATION AND LICENSING OF PUBLIC OR PRIVATE DISPLAYS THEREOF. 'ftle purpose and source of this bill was discussed and concluded to be unclear at this tinie. July 21, 1980 Page 13 COUNCIL MEMBER NEAL MOVED TO TABLE COUNCIL BILL NO. 30. Council Member Higday seconded the rmotion. 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 rnotion carried. Council Member Higday requested that previous sirnilar ordinances be provided. Council Mer~ber Keena requested a presentation on Council Bill No. 30. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER ------ AR ORDINANCE REPEALING AND REENACTING CERTAIN SECTIONS OF THE HOUSING CODE OF THE CITY OF ENGLEWOOD, COLORADO, CHAPTERS 3 AND 8, TITLE VII, OF THE '69 ENGLEWOOD MUNICIPAL CODE. The purpose and source of this bill was also discussed and concluded to be unclear at this tirne. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 31. Council Member Hifday seconded the rnotion. Upon a call of the roll, the vote resu ted as follows: Ayes: Nays: Council Mermbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the r11otion carried. * * * * * * July 21, 1980 Page 14 ORDIRARCE RO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BRADSHAW AM OllDIRARCE AMERDIRG ORDINANCE NO. 43, SERIES OF 1979, SECTION 1, COUECTIRG AR ERROR FOR APPROPRIATING MONIES FOR THE GENERAL FUND IR THE CITY OF E1'GLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JARUAllY 1, 1980, ARD ERDING DECEMBER 31, 1980, CONSTITUTING WHAT IS TERMED THE ARNUAL GENERAL FUND APPROPRIATION BILL FOR THE FIS- CAL YEAR 1980. COURCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL RO. 31, SERIES OF 1980, ON FIRST READING. Council Member Keena aeconded the motion. Upon a call of the roll, the vote resulted aa followa: Ayes: Naya: Council Men1bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'ftte Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 8:40 p.n:. Council re- convened at 9:00 p.rm. Mayor Otis asked for roll call. Upon a call of the roll, the vote resulted as follows: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. 'ftte Mayor declared a quorum present. RESOLUTION NO. 32 SERIES OF 1980 * * * * * * A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LAND LOCATED WITHIN THE CITY OF July 21, 1980 Page 15 ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, FOR CONSTRUCTION OF THE DETENTION AREA ON THE HIGH SCHOOL ATHLETIC FIELD AND ENTRY THERETO. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1980. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'lbe Mayor declared the motion carried. * * * * * * City Attorney Berardini presented the findings, con- clusion, and order of suspension relating to the Dart Board hear- ing. '11ie document ordered and directed the tavern license of John W's, Inc., d/b/a The Dart Board to be suspended for the following days: August 5, 6, 8, 9 and 10, 1980. COUNCIL MEMBER HIGDAY MOVED TO ADOPT THE FINDINGS, CON- CLUSION, AND ORDER OF SUSPENSION. Counci 1 Merllber Fitzpatrick sec- onded the motion. COUNCIL MEMBER HIGDAY MOVED TO AMEND THE MOTION AND SUSPEND THE TAVERN LICENSE FOR A PERIOD OF 10 DAYS FROM AUGUST 1, THROUGH AUGUST 10, 1980. Council Member Bradshaw seconded the ttotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Higday, Neal, Bradshaw. Council Mer11bers Fitzpatrick, Keena, Otis. Council Member Bilo. 'lbe Mayor declared the rar11endr11ent defeated. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION AND CHANGE THE DATES OF SUSPENSION TO AUGUST 6, 7, 8, 9, AND 10, 1980. Council Member Higday seconded the r110tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. July 21, 1980 Page 16 Nays: Abstain: None. Council Merr.ber Bilo. The Mayor declared the r11otion carried. Upon a call of the roll, the vote on the original r110- tion resulted as follows: Ayes: Nays: Abstain: Council Mer11bers Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Mer11ber Bilo. The Mayor declared the n1otion carried. Council Meniber Neal directed the City Clerk to write the owner of the Dart Board requesting that the license be amended to indicated the name of the rr:anager. Mayor Otis stated the order reflects Council's dini view of establishments serving liquor after 2:00 a.rm. as well as non-co- operation with police officers. * * * * * * City Attorney Berardini presented the findings of fact, conclusions and order denying the rezoning request relating to the Littlehorn hearing. COUNCIL MEMBER HIGDAY MOVED TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS AND ORDER. Council Mermber Fitzpatrick sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Mer11bers Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Mer11ber Bilo. The Mayor declared the rtotion carried. Mayor Otis stated the rezoning request could not be considered buffer zoning because there was single-far11ily resi- dential zoninf to the north, south and east. He stated it was ~ore spot zon ng; and therefore, reason for denial. July 21, 1980 Page 17 Council Merr.ber Neal urged the interested parties to come up with single-fartily development. * * * * * * City Attorney Berardini transniitted a letter he had written to the Election Cormr.ission concerning review of the re- call procedure. * * * * * * City Attorney Berardini discussed the hiring of an attorney to review contracts the City haa with various sanitation districts. Mr. Berardini stated he had located a David Hahn of Talmadge and Talrmadge and reconnended employing Mr. Hahn. Council instructed Mr. Berardini to prepare a resolution ertploying the services of Mr. Hahn. * * * * * * City Manafer Mccown presented a Council Corumunication concerning the NLC 980 Congress of Cities and Exposition to be held in Atlanta, Georgia, Novermber 29 -Decermber 3, 1980. Mr. McCovn requested authorization to register Council Men1bers for thia conference. COUNCIL MEMBER KEENA MOVED TO AUTHORIZE THE CITY MANAGER TO REGISTER THREE COUNCIL MEMBERS TO ATl'END THE NLC AND THE MEMBERS TO BE NAMED AT A LATER DATE. Council Member Bilo seconded the rmo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Mermbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. n,e Mayor declared the rcotion carried. Council Meniber Keena stated that Council Merribers Bilo and Fitzpatrick and Mayor Otis should be considered to attend the conference since they have not yet attended one this year. * * * * * * City Manager Mccown transn:itted a Council Coracunication concerning Boards and Corumissions. * * * * * * July 21, 1980 Page 18 Assistant City Manager Wanush presented a Council Corn- munication concerning adopting a resolution appropriating rertain- ing Title II Funds. RESOLUTION NO. 33 SERIES OF 1980 A RESOLUTION AMENDING THE 1980 GENERAL FUND BUDGET. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1980. Council Mercber Bilo seconded the n:otion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Merr;bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the rllotion carried. * * * * * * City Manager Mccown presented a Council Corutunication concerning the Six-Quarter Budget for the period July 1, 1980, through Decertber, 1981. RESOLUTION NO. 34 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1980. Council Member Neal seconded the rtotion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Men1bers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the n:otion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO SET A SPECIAL MEETING ON AUGUST 25, 1980, AT 7:30 P.H. FOR THE PURPOSE OF DISCUSSING THE PROPOSED CHARTER AMENDMENTS. Council Meniber Fitzpatrick sec- onded the n:otion. July 21, 1980 Page 19 City Manager Mccown noted the Arapahoe County Clerk has denied the placertent of Charter armendrient questions on ballot this fall at the general election. Mr. Mccown stated Council rcay want to consider holding a special election in February, 1981, for this purpose. Council Merr.ber Keena stated the questions could be considered in a paper ballot election and discussed the ex- penses involved in conducting a paper ballot election as being close to those involved with rcachines. Ms. Keena stated it could be confusing to the voter if both types of elections were held sirr.ultaneously this fall. Upon a call of the roll, the vote on the rr.otion resulted as follows: Ayes: Nays: Council Mertbers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '111e Mayor declared the rtotion carried. * * * * * * In response to Council Mermber Keena's question, City Manager Mccown stated he would be talking to the law firni of Dartas and Srcith concerning the lawsuit brought against the City Council by Municipal Court Judge Louis Parkinson. * * * * * * '111ere was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the nieeting without a vote at 9:40 p.rt. ·~ ~~\ ft frl /Ill~ , <Jc~-1'-~