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HomeMy WebLinkAbout1980-09-15 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 15, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 15, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mayor Otis. The pledge of allegiance was led by Boy Scout Troop 192. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. Absent: Council Member Fitzpatrick. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush City Attorney Berardini Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT THE MINUTES OF THE SPECIAL COUNCIL MEETING OF AUGUST 25, 1980. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MINUTES OF THE SPECIAL MEETING OF AUGUST 28, 1980. Council Member Bilo seconded September 15, 1980 Page 2 the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Walt Samuelson, 3855 South Lincoln was not present to accept a proclamation declaring September 27, 1980, aa "Hunting and Fishing Day". Mayor Otis delayed action on this matter expecting Mr. Samuelson to arrive later on in the meeting. were: * * * * * * There were no other visitors to be heard at this time. * * * * * * "Comnunications -No Action Recomnended" on the agenda (a) (b) (c) (d) Minutes of the Planning and Zoning CoDIDission meeting of July 22, 1980. · Minutes of the Housing Authority meeting of July 30, 1980. Minutes of the Downtown Development Authority meeting of August 27, 1980. Municipal Court Activity Report for the month of August, 1980. COUNCIL MEMBER BRADSHAW MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED", AGENDA ITEMS 5(A) THROUGH 5(0). Council Member Bilo seconded the motion. September 15, 1980 Page 3 Council Member Neal asked for further information re- garding 5(a). Mr. Neal asked for clarification in memo form be- fore the hearing of "bonus development" or "incentive plan"; apecif ics on how many loans have been in the "incentive areas for the low income housing loans"; an explanation of the pro- cess to the Board of Adjustment and Appeals on putting duplexes in R-1 areas; and an explanation of the differences in the legal description of condos and duplexes. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council CoD1DUnication concerning the Findings of Fact from the Planning and Zoning ColllDission meet- ing of September 3, 1980, relating to the 4700 block of South Bannock Street. COUNCIL MEMBER BILO MOVED TO RECEIVE THE FINDINGS OF FACT FOR CASE NO. 19-80. Council Member Keena seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Hifday, Neal, Keena, Bilo, Bradshaw, Ot s. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * Aasiatant City Manager Wanush presented a Council Com- munication concerning a recomnendation from the Planning and Zon- ing Comnission of September 3, 1980, relating to an alley vaca- tion request from Swedish Medical Center. Mr. Wanuah stated the Center intends to develop a parking lot in this area which is re- quired for their new medical office building. Mr. Wanush noted if the alley waa closed there still exists a need for access; and the Planning Conaiaaion also reconaended a perpetual easement to facilitate this requirement. I September 15, 1980 Page 4 COUNCIL MEMBER KEENA MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE VACATION OF THE NORTH 150 FEET OF THE ALLEY IN BLOCK 2, HIGGINS ENGLEWOOD GARDENS SUBDIVISION, AND TO ACCEPT A PERPETUAL EASEMENT AS ALTERNATE ACCESS. Council Mem- ber Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bi lo, Bradshaw, Otis. Nays: None. Absent: Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * Assistant City Manager Wanush presented a Council Com- munication concerning a recomnendation from the Planning and Zon- ing Comnission meeting of September 3, 1980, relating to annexa- tion requests of 1501 West Tufts and 4545 South Osage Street. Mr. Wanush stated the property owners are Mr. and Mrs. McGirr and Mr. and Mrs. Vette. He stated it was assumed since there was 100 percent in favor of this annexation, the property can be annexed by ordinance without notice or hearing. The Planning Comnission was reco11111ending that Council act favorably on this matter and that the property be zoned I-1, Light Industrial upon annexation. Mr. Wanueh stated if Council did act favorably, the Planning Comnission would proceed with the zoning. COUNCIL MEMBER BILO MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ANNEXING SUBJECT PROPERTY. Council Mem- ber Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Counci 1 Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * .,~ September 15, 1980 Page 5 ORDINANCE NO. 34 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING SECTIONS 51 AND 52, OF ARTICLE V, CHAPTER 2, TITLE XII, OF ENGLEWOOD tl.JRICIPAL CODE BY REPEALING THE PROVISION REQUIRING THE CITY, THROUGH THE CHIEF OF POLICE, TO CAUSE SAID SIDEWALKS TO BE CLEARED OF ICE AND SNOW; AND TO REQUIRE THE RE- MOVAL OF SNOW BY OWNER, TENANT, OCCUPANT, LESSEE, OR OTHERWISE, WITHIN TWELVE HOURS AFl'ER THE CESSATION OF ANY SNOWFALL. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 6, 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: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 41 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION ENTITLED, "EMISSIONS FROM GASOLINE-POWERED ENGINES." City Attorney Berardini stated the language in this bill I had the support of the Denver Regional Council of Governments. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 41, SERIES OF 1980, ON FIRST READING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. September 15, 1980 Page 6 Nays: Absent: None. Council Member Fitzpatrick. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE CREATING DOWNTOWN IMPROVEMENT DISTRICT NO. 1980-1, IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF CERTAIN WALK-THROUGH AND PARKING LOT IMPROVE- MENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR PART OF THE COSTS OF THE IMPROVEMENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 42, SERIES OF 1980, ON FIRST READING. Council Member Higday seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL NO. 42, IN SECTION 6. "ASSESSMENT OF COSTS", TO ALTER THE CITY OF ENGLEWOOD'S CONTRIBUTION FROM $135,000 TO $161,000 AND TO ALTER THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY'S CONTRIBUTION FROM $70,000 TO $96,000, AND FURTHER TO ADD A SENTENCE AT THE END OF SECTION 6, TO READ "A RESTRICTION SHALL APPLY SO AS TO LIMIT ANY SINGLE ASSESSMENT NOT TO EXCEED K>RE THAN $40,000"; AND FURTHER TO AMEND RESOLUTION NO. 37, SERIES OF 1980, TO REFLECT THESE CHANGES. Council Member Keena sec- onded the motion. At the request of Council Member Neal, Barbara Holthaus, Chairman of the Englewood Downtown Development Authority, appeared before Council. Ms. Holthaus confirmed the Board's cooperation on the changes Council Member Neal recomnended in his amendment. Council Member Bilo stated he would like to see if the City could to do anything as far as lowering the costs, specifically, see if the City's crews could do the parking lot improvements. Upon a call of the roll, the vote on the amendment re- sulted as follows: September 15, 1980 Page 7 Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. COUNCIL MEMBER NEAL K>VED TO SET OCTOBER 6, 1980, DUR- ING THE REGULAR COUNCIL MEETING TO HAVE THE SECOND AND FINAL HEAR- ING FOR THE SPECIAL IMPROVEMENT DISTRICT. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a proclamation con- cerning consumer education. COUNCIL MEMBER KEENA MOVED TO PASS THE PROCLAMATION DECLARING THE WEEK OF OCTOBER 5, 1980, AS "CONSUMER EDUCATION WEEK". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. I September 15, 1980 Page 8 Nays: Absent: The Mayor None. Council declared * * Member Fitzpatrick. the motion carried. * * * * City Attorney Be~ardini transmitted the Findings and Conclusions of the Career Service Board regarding Firefighter John Blanchard. Mr. Berardini stated Council had the choice of accepting the findings and concla sions or appealing the matter to District Court for review. COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY AT- TORNEY'S OFFICE TO APPEAL THIS MATTER IN DISTRICT COURT. Coun- cil Member Keena seconded the motion. Council Member Neal spoke against the motion on the basis he felt the best interests of the City was best served in letting this issue pass by and getting on to other City matters. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Keena, Bilo, Bradshaw, Otis. Council Member Neal. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated the hearing for the possession of property in the water tower case -Rich vs. City of Englewood -and also the condemnation case -City of Engle- wood vx. Pasternak and others -had been reset for September 22, 1980, at 9:30 a.m. in District Court. Mr. Berardini stated he would be submitting a full report on these cases in the next few weeks. * * * * * * City Manager Mccown presented a report from the Engle- wood School District concerning a request to Council to partici- pate in the cost of repair of the tennis courts at the Englewood September 15, 1980 Page 9 High School. The estimated cost for repair is $45,000. The School District has allocated $22,500, 501. of the costs to pay for the repair and asked that Council allocate the other 501.. Mr. Mccown stated funds could be appropriated from the Public Improvement Fund. COUNCIL MEMBER BILO MOVED TO RECEIVE $22,500 FROM THE SCHOOL DISTRICT AND APPROPRIATE THE $45,000 BY AMENDING THE BUD- GET. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * City Manager Mccown transmitted the proposed 1981 budget to Council. Mr. McCown stated the budget maintained the present level of services and no rates or tax increases were proposed. The only increase proposed was an additional 25¢ per round per nine holes at the golf course. COUNCIL MEMBER BILO MOVED TO RECEIVE THE 1981 PROPOSED BUDGET AND TO SET A PUBLIC HEARING FOR THE BUDGET ON OCTOBER 6, 1980, DURING THE REGULAR COUNCIL MEETING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER KEENA MOVED TO SET A PUBLIC HEARING FOR REVENUE SHARING FUNDS FOR THE YEAR 1981, ON OCTOBER 6, 1980, DURING THE REGULAR CITY COUNCIL MEETING. Council Mem- ber Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: I I September 15, 1980 Page 10 Ayes: Nays: Absent: The Mayor Council Members Higday, Neal, Keena, Bi lo, Bradshaw, Otis. None. Council Member Fitzpatrick. declared the motion carried. * * * * * * Mayor Otis noted Mr. Samuelson had not yet arrived and asked Council to go ahead and take action regarding the proclamation on hunting and fishing. COUNCIL MEMBER BRADSHAW MOVED TO PASS THE PROCLAMATION DECLARING SEPTEMBER 27, 1980, AS "HUNTING AND FISHING DAY". Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. Nays: None. Absent: Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * Mayor Otis noted receipt of a letter showing apprecia- tion to City employees Gary Pittman, Foster Wills, Gene Macrander, and Marion Conley of the Building Department for their help in processing the sale of a building. * * * * * * Mayor Otis noted receipt of a letter from the Inter- national City Management Association comnending Director of Finance Gary Higbee and Sales Tax Auditor Frank Dobbins for their work with the association. * * * * * * COUNCIL MEMBER KEENA MOVED THAT STAFF PREPARE A PRO- CLAMATION DECLARING NOVEMBER 8, 1980, AS "ELSIE MALLEY DAY". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: September 15, 1980 Page 11 Ayes: Nays: Absent: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. None. Council Member Fitzpatrick. The Mayor declared the motion carried. Mayor Otis stated that date was the same day as the Holiday Parade and suggested that Mrs. Malley ride in the parade, possibly as Grand Marshall. Mayor Otis asked the City Manager to make the arrangements. Mayor Otis recognized a person in the audience who wanted to speak on this matter. Marten Lathrop, 3259 South Clarkson, appeared before Council. Mr. Lathrop thanked Council for co11111erating Mrs. Malley. He stated Mrs. Malley could not attend this meeting due to illness and he would speak to her about the arrangements. * * * * * * Council Member Neal thanked Council for their coopera- tion in the special improvement project for downtown Englewood. * * * * * * Mr. Mccown stated copies of the 1981 proposed budget would be available September 22, 1980. * * * * * * There was no further buaine1s to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 8:30 p.m. • ~ ) I -~ff,· ~~