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HomeMy WebLinkAbout1980-08-04 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 4, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 4, 1980, at 7:35 p.m. Mayor Otis, presiding, called the meeting to order. The invocation waa given by Father Thomas J. Kelly, Saint Louis Catholic Church, 3310 South Sherman Street. The pledge of allegiance was led by Jr. Girl Scout Troop 1590. 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 Wanush City Attorney Berardini Fire Chief Beeson Director of Engineering Services Diede Acting Director of Co11111Unity Development Romana Deputy City Clerk Watkins * * * * * * Mayor Otis recognized ex-Mayor James L. Taylor who was in the audience. * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 14, 1980. Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otis. I August 4, 1980 Page 2 Nays: Absent: The Mayor None. Council declared * * Member Bradshaw. the motion carried. * * * * COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT THE MINUTES OF THE REGULAR MEETING OF JULY 21, 1980. Council Member Keena seconded the motion. COUNCIL MEMBER NEAL K:>VED TO AMEND THE MOTION BY CHANG- ING THE LANGUAGE ON PAGE 11, FIRST LINE, STRIKING "COMMERCIAL REK>DELING" AND ADDING "COMMERCIALLY ZONED AREAS". Council Member Fitzpatrick 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. Upon a call of the roll, the vote on the original motion 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, Gary Diede, Director of Engineer- ing Services, waa present. Mr. Diede diacuaaed the proposed im- provements in Phase II of Centennial Park improvements project. Mr. Diede reconnended award of bid to Penner Building Systems, Inc., for $166,094.36 which would build Sections A and B, except for the seeding. Mr. Diede stated another $20,000 was needed to complete Phase II and reconnended that the money be transferred in the Six-Quarter Budget from the Central Storm Drainage Fund. August 4, 1980 Page 3 COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE BID FOR CENTENNIAL PARK IMPROVEMENTS WITH THE EXCEPTIONS AS STATED BY MR. DIEDE AND AWARD THE BID TO PENNER BUILDING SYSTEMS, INC., FOR THE SUM OF $166,094.36. Council Member Keena seconded the motion. Council instructed staff to re-appropriate the $20,000 in the next six-quarter budget. 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, Chris Thompson, Executive Di- rector of dba Englewood, 3535 South Sherman, Suite 175, was pre- sent. Ms. Thompson discussed her letter outlining the agency's plans for improving the economic situation in downtown Englewood to attract more customers to that area. Ma. Thompson stated the plans called for promotional activities for merchants some of which required on-going permits, trash receptacles for advertising, and enforcement of the 3-hour parking limit in particular parking lots. Council discussed a memo from Richard Wanuah, Assistant City Manager, which was in response to Ma. Thompson's letter. Ms. Thompson stated she had received the memo earlier in the day and had not had time to check with Key Savings & Loan to request per- mission to use some of the trash receptacles which the savings and loan company owned. Ms. Thompson stated the on-going permits would help reduce the amount of time it took to get a permit each time the agency wanted to run a promotional activity. Council Member Keena suggested that the matter be scheduled for a study session and requested that Ms. Thompson talk to Key Savings & Loan about using the trash receptacles for advertiainf purposes and to the Planninf and Zoning Com- mission regard ng the possibility of receiv ng on-going permits to perform the various activities she was suggesting. * * * * * * August 4, 1980 Page 4 Mayor Otis asked if there were any other visitors wishing to speak to Council. Ex-Mayor James Taylor, 3709 South Sherman, appeared before Council. Mr. Taylor complimented the City Council and the City Manager for doing a good job for Englewood and con- gratulated Mr. Wanush on 6is appointment as Assistant City Manager. Mr. Taylor stated he wanted Council to know they had the citizens' support on the issue of the elevated water tower. He also stated that the City should build a club house for the golf course that the City would be proud of for years to come. * * * * * * Wayne Stewart, attorney representing Remo and Judy Pasquini, in the matter of condemnation of land for Little Dry Creek channel improvements, appeared before Council. Mr. Stewart stated he had been contact with Assistant City Atorney Rick DeWitt concerning this matter and requested permission to present the status of the case, more particularly, the possibi- lity of an offer to settle the case by way of reconnending a figure that would be acceptable to his clients. Council and City Attorney Berardini suggested that Mr. Stewart provide support documentation on his reco11111enda- tion to the City Attorney's office who in turn would submit it to Council. Mr. Stewart was assured that all substantia- tion would be submitted to Council and he would be kept in- formed on the progress of case. were: * * * * * * "Comnunications -No Action Recomnended" on the agenda (a) (b) (c) (d) (e) Minutes of the Planning and Zoning Comnission meetings of June 17 and June 24, 1980. Minutes of the Board of Career Service Comnis- sioners meetings of June 19 and June 25, 1980. Minutes of the Public Library Advisory Board meeting of July 8, 1980. Minutes of the Downtown Development Authority meeting of July 23, 1980. Memorandum from the Planning and Zoning Conmis- sion to Mayor Otis concerning their attendance record. August 4, 1980 Page 5 COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS SA -SE. Council Member Bilo 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. * * * * * * Mayor Otis presented a 'Council CoD111Unication concerning a recomnendation from the Planning and Zoning ColllDission meeting of July 22, 1980, concerning rezoning of 4700 South Bannock from R-1-C, Single Family Residence, to R-2-C, Medium Density Residence. COUNCIL MEMBER KEENA MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR THE REZONING REQUEST. Council Member Neal seconded the motion. Council Member Keena stated that a few days ago, it was implied that this rezoning request was not recomnended by staff because the original request was for R-2. Later it was approved by the Planning and Zoning Comnission because the Com- mission stated they would approve it if the applicant changed it to R-2-C which has been done. Ms. Keena noted on the last page of the report, it stated that staff would have reconmended approval had the request been to rezone the area to R-2-C, and now that the request was to an R-2-C, the recomnendation came to Council from both staff and Planning and Zoning Connnission for approval. At the request of Council Members Bilo and Neal, Acting Director of Co11111Unity Development Dorothy Romans came forward and explained the difference between R-2 and R-2-C and what constituted the change in the reconmendation. Council Member Fitzpatrick queried if this request was spot zoning. Ms. Romana stated it was not. Upon a call of the roll, the vote on the motion re- sulted as follows: I August 4, 1980 Page 6 Ayea: Raya: Absent: The Mayor Council Members Higday, Neal, Keena, Bilo, Otta. Council Member Fitzpatrick. Council Member Bradshaw. declared the motion carried. * * * * * * City Manager Mccown presented a Council Comnunication from the Director of Public Works concerning an agreement with the State of Colorado Department of Highways and the City of Englewood for the City to receive $2,802.87 from the government as reimbursement of soi of the coats incurred in bridge inspection efforts. Mr. Mccown reco11111ended that Council authorize the City Attorney to prepare an ordinance effecting the agreement. COUNCIL MEMBER KEENA MOVED TO INSTRUCT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE APPROVING THE AGREEMENT. Coun- cil Member Bilo 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. ORDINANCE NO. 23 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING ORDINANCE NO. 43, SERIES OF 1979, SECTION 1, CORRECTING AN ERROR FOR APPROPRIATING MONIES FOR THE GENERAL FUND IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1980, AND ENDING DECEMBER 31, 1980, CONSTITUTING WHAT IS TERMED THE ANNUAL GENERAL FUND APPROPRIATION BILL FOR THE FISCAL YEAR 1980. August 4, 1980 Page 7 COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick sec- onded 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. * * * * * * 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 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. Fire Chief Jerry Beeson appeared before Council and explained the purpose of the bill was to remove the fireworks provision from the municipal code and facilitate the adoption of the national fire code in its entirety. Council Member Higday spoke against removing the bill from table. Council Member Neal instructed the City Attorney to prepare an ordinance that would delete the fireworks section from the national fire code; and thereby, the fireworks pro- vision would still be a part of the municipal code and Council could consider it specifically at a later time. Council Bill No. 30 remained tabled. * * * * * * August 4, 1980 Page 8 ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER KEENA AN 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 ERGLEWOOD MUNICIPAL CODE. COUNCIL MEMBER KEENA K>VED TO REMOVE COUNCIL BILL NO. 31, SERIES OF 1980, FROM TABLE. Council Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otia. None. Council Member Bradshaw. The Mayor declared the motion carried. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1980, ON FIRST READING. Council Member Bile 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. RESOLUTION NO. 35 SERIES OF 1980 * * * * * * A RESOLUTION APPOINTING DAVID J. HAHN, OF TALLMADGE, TALLMADGE, WALLACE & HAHN, 717 17TH STREET, 11700, DENVER, COLORADO, 80202, AS SPECIAL ASSISTANT CITY ATTORNEY TO REVIEW THE CITY'S OBLIGA- TION UNDER VARIOUS SEWAGE CONTRACTS WITH SANITATION DISTRICTS. August 4, 1980 Page 9 COUNCIL MEMBER HIGDAY tl>VED TO PASS RESOLUTION NO. 35, SERIES OF 1980. Council Member Bilo 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. RESOLUTIOR RO. 36 SERIES OF 1980 * * * * * * A RESOLUTION APPOINTING THE FIRM OF DAMAS & SMITH, ATTORNEYS AT LAW, 410 17TH STREET, 1425, DENVER, COLORADO, 80202, AS SPECIAL COUNSEL IN PAIU(INSON v. OTIS, ET AL, FILED IN THE ARAPAHOE COUNTY DISTRICT COURT. COUNCIL MEMBER KEENA l«>VED TO PASS RESOLUTION NO. 36, SERIES OF 1980. Council Member Bilo 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. City Manager Mccown stated the attorneys of Damas and Smith requested that the hearing on the preliminary injunction be postponed until Auguat 19th. Baaed on the postponement Mr. Mccown stated he haa agreed not to enforce the ordinance in- volved in this case until after the hearing. Mr. Mccown stated the fee for Damaa & Smith waa $55.00 per hour and subject to renegotiation on January 1, 1981. COUNCIL MEMBER KEERA TO PASS RESOLUTION NO. 36, SERIES OF 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote reaulted aa follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Otia. I August 4, 1980 Page 10 Nays: Absent: The Mayor None. Council declared * Member Bradshaw. the motion carried. * * * * * City Attorney Berardini gave the status of the water tower case, Rich et al v. City of Englewood. Mr. Berardini stated the Court overruled the City's motion for a new trial. Mr. Berardini reco11111ended the matter be appealed to the Colorado Court of Appeals which would necessitate filing notice of appeal and ordering a transcript of the record. Mr. Berardini stated coats for preparation of record would probably be less than $500 exclusive of time of counsel. COUNCIL MEMBER FITZPATRICK MOVED TO DIRECT THE CITY ATTORNEY TO APPEAL DECISION OF JUDGE EASTMAN IN THE WATER TOWER CASE. 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. Mr. Berardini stated the City Council authorized last May the acquiring of additional property around the water tank in order to conform to the ordinance provision. He stated he has not been able to acquire the property through negotiation of sale. Pursuant to the authorization, he has filed a petition of condemna- tion to force a sale of the property. The owners of the property have been notified and a trial date will be set soon. * * * * * * City Manager Mccown asked Director of Engineering Ser- vices, Gary Diede, to appear and discuss a resolution creating a parking aaaeaament district in downtown Englewood. Mr. Diede stated a resolution was not available even though he had the numbers and wording change because the size August 4, 1980 Page 11 of the district was being reduced and the boundaries might .change. Taking out some propertie• would invalidate the figures. Mr. Diede stated the district would have to be re-examined. COUNCIL MEMBER FITZPATRICK MOVED TO POSTPONE UNTIL AUGUST 11, 1980, AT 6:30 P.M. CONSIDERATION OF THE SPECIAL ASSESSMENT DISTRICT. Council Member Neal 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. * * * * * * City Manager Mccown transmitted a letter from Marjorie Page, Arapahoe County Clerk, informing the City that there would be no room on the ballot this fall for additional questions. * * * * * * COUNCIL MEMBER NEAL MOVED TO APPOINT CYNTHIA PETERSON TO THE HOUSING AUTHORITY. Council Member Bilo seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Otis. None. Council Member Bradshaw. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL K>VED TO .APPOINT KEN MAUSOLF AND GEORGE ALLEN TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: August 4, 1980 Page 12 Ayea: Haya: Absent: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Otia. None. Council Member Bradshaw. Council Member Higday. The Kiyor declared the motion carried. * * * * * * COUNCIL MEMBER BILO ll>VED TO APPOINT THE FOLLOWING PEOPLE TO THE LIQUOR LICEISIIG AUTHORITY: FRANCES H. BERG -THREE YEAR TERM; ROIALD C. BLARCIWlD -THREE YEAR TERM; R. L. LUNDERS -TWO YEAR TERM; DONALD J. STYES -TWO YEAR TERM; AND LLOYD BRYAN -ONE YEAR TERM. Council Member Neal aeconded the motion. Upon a call of the roll, the vote reaulted as follows: Ayes: Nays: Absent: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Otis. None. Council Member Bradshaw. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL K>VED TO APPOINT ROGER R. GAGE TO THE BOARD OF ADJUSTMENT ARD APPEALS. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Nays: Absent: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Otis. None. Council Member Bradshaw. Council Member Higday. The Mayor declared the motion carried. * * * * * * August 4, 1980 Page 13 There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY K>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 9:20 p.m.