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HomeMy WebLinkAbout1980-10-20 (Regular) Meeting MinutesI COUNCIL CHAMBERS CITY OF ERGLEWOOD, COLORAOO October 20, 1980 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 20, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Pastor Keith Merriman, Emnanuel United Methodist Church, 2700 South Downing Street. The pledge of allegiance vaa led by Junior Girl Scout Troop 1911. Mayor Otis aaked for roll call. Upon a call of the roll, the following were preaent: Council Member• Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. Abaent: Rone. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush Assistant City Attorney DeWitt Director of Public Works Waggoner Director of Utilities Fonda Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO ACCEPT THE MINUTES OF THE REGULAR MEETIRG OF OCTOBER 6, 1980. Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follow•: Ayes: Council Members Higday, Nea 1, Keena, Bilo, Bradshaw, Otis. Haya: None. Abstain: Council Member Fitzpatrick. The Mayor declared the motion carried. * * * * * * October 20, 1980 Page 2 Pre-scheduled visitor Marten Lathrop was not present. Mayor Otis delayed action on a proclamation declaring United Na- tions Day until Mr. Lathrop arrived. * * * * * * Pre-scheduled visitor Don Nisbet of Don Nisbet Associ- ates, Inc., was present. Mr. Nisbet presented a reconnendation for award of bid for the construction of the golf course pedes- trian bridge. Mr. Nisbet recomnended the bid be awarded to the low bidder William Moran Construction, Inc., for the amount of $116,592. COUNCIL MEMBER KEENA MOVED TO AWARD THE BID FOR THE CONSTRUCTION OF THE GOLF COURSE PEDESTRIAN BRIDGE TO WILLIAM MORAN CONSTRUCTION, INC. AT A COST OF $116,592. Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted aa follows: were: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no other visitors to be heard at this time. * * * * * * "Co11111Unicationa -No Action Reco1111lended" on the agenda (a) (b) (c) (d) Minutes of the Board of Adjustment and Appeals meeting of September 10, 1980. Minutes of the Denver Regional Council of Governments meeting of September 17, 1980. Minutes of the Liquor License Authority meeting of September 17, 1980. Minutes of the Downtown Development Au- thority meeting of October 7, 1980. October 20, 1980 Page 3 (e) (f) (g) (h) Memorandum from the City Manager to Mayor and City Council concerning his attendance at the Annual ICMA Conference. Memorandum from the Fire Chief to the City Manager concerning attendance of Fire Captain O'Steen at a Fire Prevention course. Memorandum from the Director of Libraries to the City Manager concerning her attendance at the 1980 American Library Association Annual Conference. Municipal Court Activity Report for the month of September, 1980. COUNCIL MEMBER NEAL K>VED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOllmNDED" AGENDA ITEMS 5A -58. 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 Manager Mccown comnended Mr. Don Nisbet for his assistance and consulting work for the City. * * * * * * Assistant City Manager Wanush presented a Council Co11111Unication from the Planning and Zoning Comnission meeting of September 23, 1980, concerning the Marion Street Villas Subdivision plat. Mr. Wanush stated the reason the plat was being submitted was to clarify the legal description of the land for purposes of development. The Planning and Zoning Colllllis- sion recomnended that Council approve the plat. Mr. Wanush then discussed the plat and provided illustrations. COUNCIL MEMBER BILO tl>VED TO APPROVE THE MARION STREET VILLAS SUBDIVISION PLAT AND THAT IT BE RECORDED IN THE OFFICE OF THE ARAPAHOE COUNTY CLERK AND RECORDER. Coun- cil Member Higday seconded the motion. Upon a call of the roll, the vote resulted as ·follows: October 20, 1980 Page 4 Ayes: Nays: The Mayor Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * City Manager Mccown presented a Council Connnunication from the Library Board meeting of October 14, 1980, concerning a library services agreement with the Arapahoe Regional Library District. COUNCIL MEMBER HIGDAY MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE APPROVING THE AMENDED 1981 AGREEMENT FOR LIBRARY SERVICES WITH ARAPAHOE REGIONAL LIBRARY DISTRICT. Council Member Neal seconded the motion. Council Member Keena stated she had not received the memo which discussed the costs incurred by Englewood to get in- volved and make the tranaactiona under this agreement. Mr. Mccown stated he would get Ms. Keena a copy of the memo and then diacuaaed what the costs were as outlined in sub- ject memo. Upon a call of the roll, the vote on the motion re- sulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. ORDINANCE NO. 39 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER BRADSHAW • AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN THE SOUTH SECTION IR PAVING DISTRICT NO. 26, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTION- MENT OF SAID COST TO EACH LOT OR TRACT OF SAID COST AGAINST EACH I October 20, 1980 Page 5 LOT OR TRACT OF LAND IN THE SOUTH SECTION; PRESCRIBING THE MANNER FOR THE COLLECTION ARD PAYMENT OF SAID ASSESSMENTS; AND DECLARING AN EMERGENCY. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1980, ON FINAL 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. ORDINANCE NO. 40 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 43 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDIRARCE ARREXING 2.231 ACRES, MORE OR LESS, AS HEREINAFTER MOU PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, WITHOUT THE IMPOSITIOR OF TERMS ARD CONDITIONS THEREON. COUNCIL MEMBER KEENA tl>VED TO PASS COUNCIL BILL NO. 43, SERIES OF 1980, OB FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- low•: Ayes: Naye: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 41 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER BILO October 20, 1980 Page 6 AN ORDINANCE VACATING THE NORTH 125 FEET OF THE ALLEY IN BLOCK 2, HIGGINS ENGLEWOOD GARDENS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, AND SECURING AN ALTERNATE MEANS OF PUBLIC ACCESS. COUNCIL MEMBER BILO K>VED TO PASS COUNCIL BILL NO. 44, SERIES OF 1980, ON FINAL READING. 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. * * * * * * ORDINANCE NO. 42 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING THREE AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CENTRAL COLORADO LIBRARY SYSTEM REGARDING OOURIER SERVICE AND RECIPROCAL BORROWING PROGRAM. COUNCIL MEMBER HIGDAY K>VED TO PASS COUNCIL BILL NO. 45, SERIES OF 1980, ON FINAL READING. 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. 43 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY October 20, 1980 Page 7 OF ENGLEWOOD, COLORADO, FOR THE YEAR 1981 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AU- THORITY. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1980, OR FINAL READING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: ORDINANCE NO. SERIES OF 1980 Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND MISSION VIEJO COMPANY REGARDING SALE AND PURCHASE OF SURPLUS WATER OF THE CITY OF ENGLEWOOD. Director of Utilities Stu Fonda appeared before Council and discussed the major parts of the contract. Mr. Fonda stated the initial term of the agreement was for 20 years with renewable options by Mission Viejo for four additional 20 year periods. Mr. Fonda stated the price of the water would be increased every five years. Mr. Fonda stated after Mission Viejo has taken 4,000 acre feet, Englewood can re-examine its available supply and can in- crease the amount of water to Mission Viejo within certain limits. Mr. Fonda answered questions from Council specifically that the contract was a lease for a co111DOdity of raw water rather than treated water, that no water rights would be given up under this contract, and that the contract would not lessen the amount of treatable water to Englewood residents. City Manager Mccown stated although .the contract does bring in substantial revenue, it can not be assumed there will be no water rate increases in the future. There are some capi- tal improvements which will be necessary that could cause the increases in the future. October 20, 1980 Page 8 In response to Council Member Bilo's question as to why the Denver Water Board also had to approve the contract, Assistant City Attorney DeWitt stated back when Englewood was developing certain water rights on the western slope, Englewood entered into an exchange agreement with Denver whereby Englewood got to use certain facilities of Denver's at certain diversion points advantageous to Englewood to swap water. In the process, a clause was put into the agreement whereby any outside sales of water had to be approved by the Denver Water Board on whether or not Denver would supply the water. Mr. DeWitt stated another important point is that Colorado water law with respect to prior appropriations requires placing water to a beneficial use. At the present time, Englewood is seeking to put the water to bene- ficial use and if Englewood does not put it to beneficial use, the water can be appropriated by some other entity and Englewood would lose the advantage of the acqusition. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1980, ON FIRST READING. Council Member Bilo seconded the motion. COUNCIL MEMBER BILO MOVED TO AMEND THE MOTION AND IN- SERT "RAW" BETWEEN "SURPLUS" AND ''WATER" IN THE TITLE OF THE BILL. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Neal. Council Member Higday. The Mayor declared the motion carried. Council Member Higday stated he abstained because he missed a portion of the study session which discussed the con- tract. He felt he did not have enough information by virtue of missing a large portion of the meeting even though he felt the contract was a good deal. Mayor Otis stated there would be another study session prior to voting on the final passage of the council bill; and further questions could be answered at that time. Council Member Neal co11111ended Mr. Fonda for writing flexibility into the contract. Mr. Neal stated if anything the contract was too conservative in terms in co11111itting Englewood to future water sales to Mission Viejo. Mr. Neal stated he would have favored having more water sold at the higher price figure. I October 20, 1980 Page 9 Assistant City Attorney DeWitt referred to Artice V, Section 37, of the Charter which requires every council member when present to vote on ordinances, resolution, and motions except when he shall be excused from voting in matters involv- ing the consideration of his own official conduct or when his personal or financial interest is involved. Mr. DeWitt stated Mr. Higday was required to vote on the amendment. Council Member Higday changed his vote on the amend- ment to nay. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1980 * * * * * * A RESOLUTION SUPPORTING CONSTITUTIONAL AMENDMENT NUMBER 1 TO BE VOTED ON AT THE NOVEMBER, 1980, GENERAL ELECTION. COUNCIL MEMBER BILO MOVED TO TABLE THE RESOLUTION UNTIL MORE INFORMATION IS PROVIDED CLARIFYING THE PURPOSE OF AMENDMENT NUM- BER 1. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Keena, Bilo, Bradshaw. Nays: Council Members Fitzpatrick, Otis. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 45 SERIES OF 1980 A RESOLUTION OPPOSING THE PROPOSED CONSTITUTIONAL AMENDMENT RESTRICTING MUNICIPAL ANNEXATIONS. October 20, 1980 Page 10 COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION NO. 45, SERIES OF 1980. Council Member Neal seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION AND INSERT HER "WHEREASES" ARD CITY MANAGER MCCOWN'S "WHEREASES" AND REK>VE THE ''WHEREASES" THAT APPEARED IN THE ORIGINAL RE- SOLUTION. Council Member Neal seconded the motion. City Manager Mccown noted some overlap in the two revisions submitted by himself and Ms. Keena. Council Mem- ber Keena stated to strike the second "whereas" in her revision. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion resulted as follows: Ayes: Raya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 46 SERIES OF 1980 * * * * * * A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, IN OPPOSITlON TO RESOLUTION NO. 838-80 OF THE ARAPAHOE COUNTY BOARD OF COUNTY COllUSSIONERS WHICH PROPOSES A ONE-HALF PERCENT (.St) SALES AND USE TAX WITHIN ARAPAHOE COUNTY. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1980. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: I October 20, 1980 Page 11 Ayes: Naya: The Mayor Council Members Hifday, Neal, Fitzpatrick, Keena, Bilo, Brade aw, Otia. None. declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE A PROCLAMATION DECLARING SATURDAY, NOVEMBER 8, 1980, AS "ELSIE MALLEY DAY". Coun- cil Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Mayor Otis stated the proclamation honors Mrs. Malley for the efforts and contributions she has made for the City of Englewood. Mayor Otis stated Mrs. Malley will be riding in the Holiday Parade on that day and a reception in her honor will be held at the Elsie Malley Center following the parade. * * * * * * Mayor Otis reverted to the proclamation for United Nations Day which was delayed earlier in the meeting. Mr. Lathrop had not yet arrived. COUNCIL MEMBER KEENA MOVED TO APPROVE THE PROCLAMA- TION DECLARING FRIDAY, OCTOBER 24, 1980, AS "UNITED NATIONS DAY". 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. Mayor Otis stated Mr. Lathrop was the liaison person for United Nations Day and he would make sure Mr. Lathrop re- ceived the proclamation. * * * * * * October 20, 1980 Page 12 COUNCIL MEMBER NEAL K>VED THAT AS PART OF THE AGENDA OF THE NEXT REGULARLY SCHEDULED COUNCIL MEETING THAT A TOWN MEET- ING IN A PUBLIC HEARING FORMAT BE ESTABLISHED TO DISCUSS THE WATER CONTRAcr. 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. * * * * * * Council Member Bradshaw complimented Council Member Higday on the Mayor's Coffee last Saturday, October 18. Ms. Bradshaw stated Mr. Higday handled the difficult situation very well. · Council Member Higday thanked Ms. Bradshaw. * * * * * * Council Member Higday asked Mr. DeWitt for a report on the status of the appeal by the Dart Board with respect to the suspension of license. Mr. DeWitt stated the matter was pending appeal in the District Court. Mr. DeWitt stated he would inform Coun- cil of the hearing date. Mr. DeWitt stated if the Court ruled in favor of the City, the matter would come back to Council and suspension dates would be re-established. * * * * * * 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 8:50 p.m.