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HomeMy WebLinkAbout1979-11-19 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 19, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 19, 1979, at 7:30 p.m. The invocation was given by Councilman Donald L. R. Smith. The Pledge of Allegiance was led by Ma~or Taylor. Municipal Judge Louis J. Parkinson was present and ad- ministered the oath of office to Council Member-Elect Mrs. Betty Keena, District IV, and Council Member-Elect Mr. Joe Bilo, At Large. The Council welcomed and congratulated Mrs. Keena and Mr. Bilo to their newly assigned offices. Mrs. Keena and Mr. Bilo introduced their respective family members who were in attendance for the installation ceremonies. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. Absent: Council Member Williams The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Municipal Judge Parkinson Director of Conmrunity Development Wanush Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER SMITH MOVED TO APPROVE THE MINUTES OV THE REGULAR MEETING OF NOVEMBER 5, 1979. Council Member Giseburt 1ec• onded the motion. Upon a call of the roll, the vote resulted aa follows: November 19, 1979 Page 2 Ayes: Nays: Abstain: Absent: Council Members Giseburt, Smith, Clayton, Taylor. None. Council Members Keena, Bilo. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER SMITH MOVED TO SUSPEND THE RULES FOR THE PURPOSE OF APPOINTING A MAYOR PRO TEM. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Keena, Clayton, Bi lo, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. Mayor Taylor opened the floor for nominations for Mayor Pro Tern. Council Member Giseburt nominated Council Member Clayton. Council Member Bilo seconded the nomination. There were no other nominations. COUNCIL MEMBER GISEBURT MOVED TO CLOSE THE NOMINATIONS AND ELECT COUNCIL MEMBER CLAYTON AS MAYOR PRO TEM. Council Member Smith seconded the motion. Upon a call of the roll, the vote result- ed as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Clayton, Bilo, Taylor. None. Council Member Williams. The Mayor declared the motion carried and declared Council Member Clayton as Mayor Pro Tem replacing Vern Mann. * * * * * * November 19, 1979 Page 3 Mr. Jerry Feather, President of John W's, was present and requested that the application for Liquor License Premise Remodeling for the Dart Board, 3467 South Broadway, be approved. COUNCIL MEMBER SMITH MOVED THAT THE APPLICATION FOR REMODELING BE APPROVED. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * There were no other visitors to be heard at this time. * * * * * * City Manager Mccown introduced Gary R. Higbee, the newly appointed Director of Finance/ex officio City Clerk-Treasurer for the City of Englewood. The Council welcomed Mr. Higbee as the new Director of Finance and congratulated him on the appointment. * * * * * * "CoD111Unications -No Action Reco11111ended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Board of Adjustment and Appeals meeting of September 12, 1979. Minutes of the Englewood Housing Authority meeting of October 3, 1979. Minutes of the Planning and Zoning Conmission meeting of October 16, 1979. Minutes of the Denver Regional Council of Governments meeting of October 17, 1979. Memorandum from the Director of Connnunity Development to the City Manager concerning November 19, 1979 Page 4 (f) (g) the Executive Director's -Housing -attend- ance at the NARRO Mountain Plains Regional Conference in August at Bismark, North Dakota. Memorandum from the City Manager to City Coun- cil concerning attendance of himself, Assist- ant City Manager and Administrative Assistant at the Annual ICMA Conference in Phoenix, Arizona. Memorandum from the Municipal Court Judge to the City Manager concerning the Activity Report for the month of October, 1979. * * * * * * Director of Co11111Unity Development Wanush presented a reconmendation from the Planning and Zoning Connnission meeting of September 5, 1979, concerning the vacation of the Acoma/Bannock alley just north of West Jefferson Avenue. Mr. Wanush stated Mr. Davis who was still in Alaska was requesting that the matter be postponed until January, 1980. COUNCIL MEMBER CLAYTON MOVED THAT THE MATTER BE DELAYED UNTIL THE SECOND REGULAR COUNCIL MEETING IN JANUARY, 1980. Coun- cil Member Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor recognized the new Council Members-Elect who were in the audience. They were: Tom Fitzpatrick District I John Neal District II Jim Higday District III Beverly Bradshaw At Large Gene Otis At Large * * * * * * November 19, 1979 Page 5 City Manager Mccown presented a memorandum from the Di- rector of Finance concerning various liquor license renewals. COUNCIL MEMBER GISEBURT MOVED TO GRANT LIQUOR LICENSE RENEWALS TO THE FOLLOWING: NAME ADDRESS TYPE BAR HARBOR 3484 s. BROADWAY TAVERN BELLEVIEW BOWL 4900 s. FEDERAL BLVD. TAVERN DART BOARD 3467 s. BROADWAY TAVERN ENGLEWOOD ELKS LODGE 3690 s. JASON CLUB FRATERNAL ORDER OF EAGLES 3383 S. BROADWAY CLUB GLASS BOTTLE LIQUORS 336 W. HAMPDEN AVE. RETAIL LIQ. STORE HAMPDEN WEST 3517 s. ELATI HOTEL/RES- TAURANT HILDA'S CAFE 4386 S. BROADWAY TAVERN KNIGHTS OF COLUMBUS 3800 S. WINDERMERE CLUB M D DRUG STORE 2895 s. BROADWAY DRUG STORE SOUTH RESTAURANT 3535 s. HURON HOTEL/RES- TAURANT SUPREME LIQUORS 5112 s. BROADWAY RETAIL LIQ. STORE THOROBRED LIQUORS 5050 s. FEDERAL BLVD. RETAIL LIQ. STORE V.F.W.-ENGLEWOOD POST 322 3860 s. JASON CLUB ZIMMERMAN'S RESTAURANT & 2796 s. BROADWAY HOTEL/RES- LOUNGE TAURANT Council Member Bilo seconded the motion. Council Member Smith queried why the incident at Thoro- bred Liquors had not been investigated further and stated the in- cident suggested possible liquor violation. Upon a call of the roll, the vote on Council Member Giseburt's motion resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Keena, Bilo, Clayton, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. * * * * * * Director of CoD111Unity Development Wanush presented a memorandum concerning an Intergovernmental Personnel Action Re- November 19, 1979 Page 6 quest. Mr. Wanush requested that a letter be submitted to the Regional Administrator, Department of Housing and Urban Develop- ment regarding an Intergovernmental Personnel Action assignment I of a member of the Housing Production Staff to the City of Engle- wood to be assigned to the Co11111Unity Development Department. Di- rector Wanush stated the purpose of the request was for an addi- tional person in the Housing Division. Director Wanush stated the contract would be for one year and the employee's salary would be shared by both the federal government and the City. City funds could be made available through the Connnunity Development Block Grant Program that the City has already received. COUNCIL MEMBER CLAYTON MOVED TO PASS THE REQUEST FOR ADDITIONAL PERSONNEL FROM HUD. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. - None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 44 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. November 19, 1979 Page 7 The Mayor declared the motion carried. ORDINANCE NO. 45 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER- ALLY FOR THE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER DOMESTICATED OR FARM ANIMALS; GENERALLY PROVIDING FOR IMPOUND- MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS; AND PROVIDING PENALTIES FOR VIOLATIONS THERE- OF. COUNCIL MEMBER CLAYTON MOVED TO PASS COUNCIL BILL NO. 45, SERIES OF 1979, ON FINAL READING. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 46 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 2, TITLE XIV, OF '69 E.M.C. (MODI- FICATION TO MODEL TRAFFIC RULES) BY ADDING A NEW SECTION THERETO RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS • . . COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1979, ON FINAL READING. Council Member Clayton seconded the motion. Council Member Giseburt spoke against the passage of the ordinance on the basis that residents should not be charged a fee for a permit to park in front of their property. November 19, 1979 Page 8 Upon a call of the roll, the vote on .Council Member Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Smith, Keena, Bilo, Clayton, Taylor. Council Member Giseburt. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER SMITH AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUES- TION AND DECLARING -AN EMERGENCY. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec- onded the motion. A lengthly discussion ensued with Council Member Clayton opposing the bill on the basis that the court are presently over- loaded with cases of minimal theft. Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Taylor. Council Member Clayton. Council Member Williams. The Mayor declared the motion carried and stated the the bill passed without the emergency clause since it did not receive an unanimous vote. * * * * * * November 19, 1979 Page 9 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN BLOCK 4, BANK ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, AND RETAINING EASEMENTS THEREIN. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 51, SERIES OF 1979, ON FIRST READING. Council Member Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * BY AUTHORITY A BILL FOR * * ,._ .. _..,.. COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER GISEBURT AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY CONTAINED IN TIMBER LEA PLANNED DEVELOPMENT AREA WITHIN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER GISEBURT MOVED TO PASS COUNCIL BILL NO. 52, SERIES OF 1979, ON FIRST READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. November 19, 1979 Page 10 Absent: The Mayor ORDINANCE NO. SERIES OF 1979 Council Member Williams. declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER SMITH A BILL FOR AN ORDINANCE VACATING A PORTION OF WEST QUINCY PLACE CONTAINED WITHIN HAYES SUBDIVISION IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. COUNCIL MEMBER SMITH MOVED TO PASS COUNCIL BILL NO. 53, SERIES OF 1979, ON FIRST READING. Council Member Giseburt sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. r ~~ Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:30 p.m. The Coun- cil reconvened at 9:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. Absent: Council Member Williams. The Mayor declared a quorum present. RESOLUTION NO. 47, SERIES OF 1979 * * * * * * A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. I November 19, 1979 Page 11 COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1979. Council Members Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. RESOLUTION NO. 48 SERIES OF 1979 * * * * * * A RESOLUTION APPOINTING THE LAW FIRM OF DAMAS AND SMITH AS SPECIAL COUNSEL FOR THE PURPOSE -OF PRESENTING A PETITION FOR UNIT DETER- MINATION TO THE CAREER SERVICE BOARD OF THE CITY OF ENGLEWOOD, COLORADO. City Attorney Berardini and City Manager Mccown explained the purpose of their request for special counsel to assist and to present, on behalf of the City, a Petition for Unit Determination before the Career Service Board and other consultive and advisory services during the period the Petition is pending before the Board as it relates to a situation whereby a group of City employees identified as ''Mid-Managers" desire to withdraw from formal re- presentation by each of the three employee organizations. City Manage Mccown informed Council that this request might qualify for additional time than what was used for the law firm's ser- vices during labor negotiations earlier this year without direct cost to the City under the Public Employers Groups, Inc. (P.E.G.). COUNCIL MEMBER SMITH MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1979. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * November 19, 1979 Page 12 City Manager Mccown asked for clarification on what qualified a Council Member to be eligible to vote on the liquor license application for Old Town Liquors. City Attorney Berardini stated the vote to approve or deny must be of a majority of those Council Members who heard the hearing. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Cot11J1Unity Development concerning authorizing admini- strative approval of encroachment requests that do not involve non-movable structures in the public right-of-way. COUNCIL MEMBER SMITH MOVED TO INSTRUCT THE CITY AT- TORNEY TO PREPARE AN ORDINANCE CONTAINING AN EMERGENCY CLAUSE IMPLEMENTING THE RECOMMENDATION ON ENCROACHMENT PROCEDURE FROM DIRECTOR OF COMMUNITY DEVELOPMENT DATED OCTOBER 22, 1979. Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum concerning the Bu.ilding Code Review Co11111ittee appointments. COUNCIL MEMBER SMITH MOVED TO APPOINT FRED JANSSEN AS ONE OF THE CITIZENS TO SIT ON THE COMMITTEE. Council Member Clayton seconded the motion. Council Members Giseburt, Keena, and Smith discussed obtaining more information and background on each applicant and possibly interviewing them before making the appointments. Upon a call of the roll, the vote on Council Member Smith's motion resulted as follows: Ayes: Nays: Council Members Smith, Clayton. Council Members Giseburt, Keena, Bilo, Taylor. I November 19, 1979 Page 13 Absent: Council Member Williams. The Mayor declared the motion defeated. In response to questions from Council Members Keena and Bilo, City Manager Mccown stated appointments should be made by the end of February of 1980. Director of Conmunity Development Wanush stated if the appointments were delayed there would be no significant impact. COUNCIL MEMBER SMITH MOVED TO POSTPONE THE MATTER UNTIL THE FIRST MEETING IN JANUARY, 1980. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager Mccown discussed a letter from Mountain States concerning the 1979 Annual Western Cable Television Show and Convention, December 12 -13, 1979, in Anaheim, California. The letter urged people in the Denver area tc attend for the pur- pose of updating knowledge of cable television capabilities. Mr. Mccown stated Mountain States has offered to pay the expenses for the trip. Mr. Mccown reconunended that a staff member, one or two Council Members and himself go the exhibit and that the ex- penses be paid for by the City. COUNCIL MEMBER SMITH MOVED TO APPROPRIATE THE MONEY FOR THE CITY MANAGER AND TWO COUNCIL MEMBERS -ELECT WHICH IN- CLUDE COUNCIL MEMBER KEENA AND COUNCIL MEMBER BILO BE ALLOWED TO ATTEND THE 1979 ANNUAL WESTERN CABLE TELEVISION SHOW IN ANAHEIM ON THE 12TH AND 13TH OF DECEMBER AND THAT THE CITY OF ENGLEWOOD PAY THE EXPENSES FOR THE TRIP; AND THAT THE COUNCIL- ELECT AND THE TWO SEATED COUNCIL MEMBERS BE ALLOWED TO PICK FROM AMONG THEMSELVES WHO WOULD GO. Council Member Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Smith, Keena, Bilo, Clayton, Taylor. November 19, 1979 Page 14 Nays: Absent: The Mayor Council Council declared * * Member Giseburt. Member Williams. the motion carried. * * * * City Manager Mccown stated the annual Christmas party for the employees and Council was scheduled for December 17, 1979, which was the date for the last Council meeting in December. Mr. Mccown requested that the Council meeting be reset for the fol- lowing night, December 18, 1979. Mr. Mccown stated Council-elect as well as the present Council were invited to attend and to make arrangements with his office. COUNCIL MEMBER SMITH MOVED TO SCHEDULE A SPECIAL COUN- CIL MEETING FOR DECEMBER 18, 1979, AT 7:30 P.M. Council Member Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked for an appointment of a Council Mem- ber to attend the NCL meeting in Las Vegas the latter part of the week whether it be Vern Mann who was previously designated to go but no longer on the City Council or designate a replacement. Mayor Taylor also asked for direction on sending a letter to Mr. Mann in- forming him of Council's decision. COUNCIL MEMBER CLAYTON MOVED THAT COUNCIL AUTHORIZE >NE I OF THE TWO NEW COUNCIL MEMBERS OR THE COUNCIL MEMBERS-ELECT TO AT-I TEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN LAS VEGAS, NOVEMBER 24 -28, 1979; AND THAT DUE TO THE FACT THAT COUNCIL MEMBER MANN IS NO LONGER A MEMBER OF COUNCIL THAT A NOTIFICATION OF THIS ACTION BE SENT TO COUNCIL MEMBER MANN; AND THAT IF NONE OF THE NEW COUNCIL MEMBERS WHETHER COUNCIL MEMBERS-SEATED OR COUNCIL MEMBERS-ELECT ARE ABLE TO GO THAT MR. tofCCOWN BE ALLOWED TO ATTEND. Council Member Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: November 19, 1979 Page 15 Ayes: Nays: Absent: Council Members Giseburt, Smith, Keena, Bilo, Clayton, Taylor. None. Council Member Williams. The Mayor declared the motion carried and requested that the new Council Members inform the City Manager of their choice as soon as possible. * * * * * * Mayor Taylor stated the Mayor's Christmas ·party was set for December 7, 1979. The tree lighting ceremonies would begin at 7:00 p.m. followed by a Christmas party. * * * * * * Mayor Taylor informed the Council Members-Elect to remove the contents of their packet followin~ each Council meeting and re- turn the notebook to the City Manager s office for preparation of the next meeting. * * * * * * Mayor Taylor requested all Council Members to return their Municipal Code books to the City Manager's office. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER GISEBURT MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 9:30 p.m.