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Home My WebLink About1982-02-16 (Regular) Meeting Minutes•• ( REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO February 16, 1982 1he City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 16, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Dwight Stensgaard, Grace Lutheran Church, 4750 South Clarkson Street. The pledge of allegiance was led by Boy Scout Troops #115 and #154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush City Attorney DeWitt Director of Wastewater Treatment Owen Director of Library Winkle Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 1982. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * February 16, 1982 Page 2 Juanita Collin, 3310 South Grant, was present in the absence of pre-scheduled visitor Frank di Piazza to request from City Council a subscription order for the Englewood Pizazz. Ms. Collin stated the magazine was about the people of Englewood and Denver. There were two issues per year at $2.50 per copy. COUNCIL MEMBER FITZPATRICK MOVED TO PLACE FIVE SUB- SCRIPTION ORDERS FOR THE CITY OF ENGLEWOOD. Council Member Higday seconded the motion. Council instructed Ms. Collin to provide several order forms in case other people would want to subscribe. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. City Manager Mccown discussed placing an ad in the Englewood Pirate Yearbook. COUNCIL MEMBER NEAL MOVED TO APPROPRIATE FUNDS FOR A FULL SIZE AD IN THE PIRATE YEARBOOK. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * Mayor Otis asked if there were any other visitors at this time wishing to speak to Council. John Davies, 5340 South Washington, President of Engle- wood Jaycees, came forward. Mr. Davies asked permission to use the City's logo on a bumper sticker promotional sale to help pay ( / February 16, 1982 Page 3 for fireworks display for 1981 and 1982. Mr. Davies stated the bumper stickers would be sold to merchants in Englewood and they would in turn sell them to the public. City Manager Mccown informed Council he could not find anything in writing on outside use or non-use of the logo. City Attorney DeWitt stated it was a policy issue that Council has never addressed. COUNCIL MEMBER BRADSHAW MOVED TO AUTHORIZE THE JAYCEES TO USE THE CITY'S LOGO FOR FIREWORKS 1981 AND 1982 BUMPER STICKER AND TO DIRECT STAFF TO DEVELOP A POLICY RECOMMENDATION ON THE USE OF THE LOGO. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw expressed her concerns about the proceeds from the Jaycees promotion being split with the merchants. Council Member Bilo expressed his concerns authorizing the use of the City's logo to a private enterprise. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bradshaw, Otis. Council Member Bilo. Council Member Weist. The Mayor declared the motion carried. * * * * * * Richard Dittemore, attorney at 3333 South Bannock, came forward. Mr. Dittemore stated he was representing interested par- ties of Vivan and Sam Hall who are involved in the agenda item for the resolution authorizing purchase of real property next to Centennial Park. COUNCIL MEMBER HIGDAY MOVED TO BRING FORWARD AGENDA ITEM 7M -RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY -HALL SAND AND GRAVEL, INC. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal. Fitzpatrick, Bilo, Bradshaw, Otis. None. February 16, 1982 Page 4 Absent: Council Member Weist. The Mayor declared the motion carried. Mr. Dittemore stated there would be no restrictions on the use of the property for any particular purpose. Mr. Dittemore stated there have been discussions with regard to condemnation; and for tax purposes, he requested to word the transaction for being under the threat. Mr. Dittemore stated he wanted to make it clear the tax aspect of this case was the only reason his client could de- liver the property at this price. City Manager Mccown stated he did not want to be placed in a position of saying this property was under the threat of eminent domain when there was no intent to exercise it just to give somebody a tax advantage. City Attorney DeWitt stated there were two tax issues involved and the Halls would have to deal with the Internal Re- venue Service directly. RESOLUTION NO. 10 SERIES OF 1982 A RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 10, SERIES OF 1982. Council Member Fitzpatrick seconded the motion. Council Member Neal referred to a letter mentioning the intention of giving the $10,000 back to the Parks and Re- creation Fund. City Attorney DeWitt stated that matter is undecided at this time and would be brought back to Council for proper transaction. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * ( ( February 16, 1982 Page 5 were: "Communications -No Action Recommended" on the agenda (a) (b) (c) (d) (e) (f) (g) Minutes of the Englewood Housing Authority meetings of August 12 and December 16, 1981. Minutes of the Urban Renewal Authority meetings of January 13 and 27, 1982. Minutes of the Planning and Zoning Commission meeting of January 19, 1982. Minutes of the Englewood Public Library Board meeting of February 2, 1982. Minutes of the Liquor License Authority Pu- blic Hearing of February 3, 1982 and the Find- ings of Fact, Conclusion and Order of Sus- pension relating to that meeting. Memorandum from the Director of Community Development to the City Manager concerning an out-of-state trip report for two Code Enforce- ment Officers. Municipal Court Activity Report for the month of December, 1982. COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEM SA -SG. Council Mem- ber Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw,· Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * Sharon Winkle, Director of Library, presented the Coun-\_j cil Communication from the Library Board concerning library services to Denver. Ms. Winkle stated after lengthly discussion and consi- deration, the Board is recommending that circulation and reference service to Denver residents continue to be provided without charge February 16, 1982 Page 6 until periodic examination of library service indicates that pro- vision of such service has a detrimental effect on the Englewood Public Library's ability to serve Englewood residents. COUNCIL MEMBER BILO MOVED TO ACCEPT THE LIBRARY BOARD'S RECOMMENDATION TO CONTINUE SERVICE TO DENVER RESIDENTS. Council Member Fitzpatrick seconded the motion. Council Member Neal opposed the motion. Mr. Neal stated he did not see the need to specify a policy that may not be in the City's best interest while negotiations are still on-going. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Fitzpatrick, Bilo, Bradshaw, Otis. Council Members Higday, Neal. Council Member Weist. ~e Mayor declared the motion carried. Council Member Bilo directed the City Attorney to prepare a resolution to the legislature supporting funding for the Colorado Resource Center, * * * * * * City Manager Mccown presented a Council Communication from the Planning and Zoning Commission concerning the Sign Code. Mr. Mccown noted a public hearing was required. COUNCIL MEMBER FITZPATRICK.MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE AND RECEIVE THE RECOMMENDATION CONCERNING THE SIGN CODE. Council Member Bilo seconded the mo- tion, Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. ~ Council Member Weist, The Mayor declared the motion carried. * * * * * * City Manager Mccown presented the recommendation from \. the Parks and Recreation Commission concerning site location, de- sign, and construction of proposed community center. Mr. Mccown February 16, 1982 Page 7 stated in terms of timing an election, late spring or early fall is not feasible. Mr. Mccown recommended to receive the informa- tion, to set up a study session with Parks and Recreation staff (\ as soon as possible, and further asked for direction on arranging an election. COUNCIL MEMBER BILO MOVED TO ACCEPT THE RECOMMENDATION FROM PARKS & RECREATION AND THE PLANNING PHASE REPORT. Council Member Neal seconded the motion. Council instructed staff to come back with election recommendations and costs. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. ~e Mayor declared the motion carried. * * * * * * ORDINANCE NO. 7 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 1 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE EXEMPTING LIMITED GARAGE SALES FROM THE SALES AND USE TAX ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, BY ADDING SECTION 38 TO ARTICLE 4, TITLE XIII,.OF THE ENGLEWOOD MUNICIPAL CODE OF 1969, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 1, SERIES OF 1982, ON FINAL READING. Council Member Higday sec- onded the motion. Council Member Bilo asked if a person of a household could participate in more than one garage sale in a given year. City Attorney DeWitt stated if the full household participated then there could be only one garage sale. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. February 16, 1982 Page 8 Nays: Absent: None. Council Member Weist. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 8 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADDING SECTION 11-6-27 TO THE ENGLEWOOD MUNICIPAL CODE OF '69 PROHIBITING URINATING IN PUBLIC. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 7, SERIES OF 1982, ON FINAL READING. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 9 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING TITLE XI OF THE ENGLEWOOD MUNICIPAL CODE OF '69 TO INCLUDE A NEW SECTION 13 TO CHAPTER 2, RELATING TO NUDE DANCING AND UNLAWFUL LEWD ACTS, AND DECLARING AN EMERGENCY. COUNCIL MEMBER HIGDAY MOVED TO NO. 8, SERIES OF 1982, ON FINAL READING. seconded the motion. Upon a call of the as follows: PASS COUNCIL BILL Council Member Htgday roll, the vote resulted Ayes: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. February 16, 1982 Page 9 Nays: Absent: None. Council Member Weist. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 10 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY FOR ADMINISTRATION OF THE HOME REHABILITATION PROGRAM. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 9, SERIES OF 1982, ON FINAL READING. 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, Bilo, Bradshaw, Otis. None. Council Member Weist, The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 11 SERIES OF 1982- BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN AGREEMENT CREATING A MULTI-JURISDIC- TIONAL FIRE ARMS SCHOOL. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 10, SERIES OF 1982, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: · Ayes: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. February 16, 1982 Page 10 Nays: Absent: None. Council Member Weist. The Mayor declared the motion carried. * * * * * 'le ORDINANCE NO. 12 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE APPROVING A MUTUAL AID AGREEMENT FOR POLICE SERVICES. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 11, SERIES OF 1982, ON FINAL READING. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 8:35 p.m. Council reconvened at 9:05 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Absent: Council Member Weist. The Mayor declared a quorum present. * * * * * * ORDINANCE NO. SERIES OF 1982-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 13 INTRODUCED BY COUNCIL MEMBER BRADSHAW ( February 16, 1982 Page 11 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE DENVER REGIONAL COUNCIL OF GOVERNMENTS AND THE CITY OF ENGLEWOOD FOR THE PROVI- SION OF CENTRALIZED SERVICES FOR ENTRY LEVEL RECRUITMENT AND 1 ~ TESTING OF LAW ENFORCEMENT OFFICER APPLICANTS. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 13, SERIES OF 1982, ON FIRST READING. 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, Bilo, Bradshaw, Otis, None. Council Member Weist, The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1982-- BY AUTHORITY A BILL FOR COUNCIL BILL NO, 12 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE DEFINING FOOD AS AN EXEMPTED ITEM UNDER THE SALES TAX PROVISIONS OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 12, SERIES OF 1982, ON FIRST READING. Council Member Bilo seconded the motion. Council Member Neal posed the question of what the financial impact would be. I Gary Higbee, Director of Finance/ex officio City Clerk- Treasurer, appeared before Council. In response to Council Member Higday's question, Mr. Higbee stated it is estimated to have $100 difference one way or another in sales tax revenues. City Attorney DeWitt stated the intent of the bill was to properly define "food" to provide for a uniform sales taxing system following the state statute. Council Member Neal asked Mr. Higbee to investigate the method the 7-11 stores were using for taxing food. February 16, 1982 Page 12 Council Member Fitzpatrick asked for a report on how many businesses have been checked, what are the routine major errors or problems found, and how many businesses are averaged per week by the sales tax auditors. Director Higbee stated he had· a report that he would forward to Mr. Fitzpatrick identifying those things, Council Member Fitzpatrick asked if a report was pre- pared by the sales tax auditor and given back to the merchants on the kinds of errors that are found to help them correct their problems. Director Higbee stated his staff does work with the mer- chant in identifying where errors have occurred in their s~les tax reports. Council Member Bilo asked why mobile caterers were exempt from sales tax collection. City Attorney DeWitt stated he would prepare a report in answer to the question. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. ·Mone. Council Member Weist. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER NEAL MOVED TO BRING FORWARD AGENDA ITEM BB -CITY MANAGER'S CHOICE. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. ( , \_ ,,, February 16, 1982 Page 13 City Manager Mccown stated the next matter concerned one o;f the items Council gave direction to proceed with at the r'\ Bi-City Treatment Plant a.nd now is back to Council for specific approval to award a bid. William Owen, Culp/Wesner/Culp and Director of Waste- water Treatment Plant, came forward. Director Owen discussed a communication to repair the main power service at the Bi-City Plant which was damaged by lightning. Director Owen recommended award of bid for repair be given to Sturgeon Electric in the amount of $28,960 with any additional work at cost plus 25% fee, COUNCIL MEMBER NEAL MOVED TO ACCEPT THE BID FROM STURGEON ELECTRIC IN THE AMOUNT OF $28,960 TO CONSTRUCT A PARELLEL LINE PLUS ANY ADDITIONAL WORK AT COST PLUS 25% FEE SUBJECT TO APPROVAL OF SUPER- VISORY COMMITTEE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * City Manager Mccown discussed a request from Channel 6 to install a banner announcing the Channel 6 Auction. Mr. Mccown stated the request is to hang the banner from March 15 -April 5. COUNCIL MEMBER HIGDAY MOVED TO ALLOW CHANNEL 6 TO PUT UP THE BANNER. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * City Manager Mccown transmitted a memorandum from Di- rector of Finance Higbee concerning the mortgage note of city February 16, 1982 Page 14 hall building. Mr. Higbee stated the holders are offering to sell the note to the City, Mr. Higbee reviewed various sources of funds that Council could use. Mr. Higbee presented the justi- fication to proceed if negotiations are for less than par. COUNCIL MEMBER BRADSHAW MOVED TO DIRECT MR. HIGBEE TO PROCEED ON SUBJECT PROPOSAL. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried, Council Member Neal asked for a recap of monies avail- able at City Hall. ORDINANCE NO. SERIES OF 1982-- * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 14 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE APPROVING AN AGREEMENT WITH SCHOOL DISTRICT NO. 1, ARAPAHOE COUNTY, COLORADO, GRANTING CITY OF ENGLEWOOD, COLORADO, AN EASEMENT TO USE SCHOOL PROPERTY FOR A STORM WATER DETENTION AREA AND ESTABLISHING OTHER RELATED TERMS AND CONDITIONS. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 14, SERIES OF 1982, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Council Member Bradshaw stated she would abstain due to her employment with the district. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Otis. None. ( February 16, 1982 Page 15 Abstain: Absent: Council Member Bradshaw. Council Member Weist. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1982-- BY AUTHORITY A BILL FOR COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING THE TRANSFER OF REAL PROPERTY TO THE EMKAY DEVELOPMENT IN RETURN FOR REAL PROPERTY IN ORDER TO SIMPLIFY THE PROPERTY LINE BETWEEN TWO PARTIES' OWNERSHIP. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 6, SERIES OF 1982, ON FIRST READING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried • ORDINANCE NO. SERIES OF 1982-- . BY AUTHORITY A BILL FOR COUNCIL BILL NO. 15 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE GRANTING $124,315 TO ENGLEWOOD HOUSING AUTHORITY TO •·. ACQUIRE AND DEVELOP ASSISTED PUBLIC HOUSING FROM GRANT FUNDS RE- CEIVED BY THE CITY OF ENGLEWOOD. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1982, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: February 16, 1982 Page 16 Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 11 SERIES OF 1982 A RESOLUTION AMENDING RESOLUTION NO. 48, SERIES OF 1981, ESTABLISH- ING A COMMITTEE CONCERNING THE ENGLEWOOD MUNICIPAL COURT BY AMEND- ING TITLE TO READ "COURT ADVISORY COMMITTEE" AND MAKING OTHER AMENDMENTS THERETO. COUNCIL MEMBER HIGDAY MOVED TO PASS RESOLUTION NO. 11, SERIES OF 1982. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council members Higday, Bradshaw, Otis. Council Members Neal, Fitzpatrick, Bilo. Council Member Weist. The Mayor declared the motion defeated. * * * * * * City Attorney DeWitt presented a memorandum concerning a grant of utility and storm drainage easement with a map attached showing the location of the easement in northwest Englewood. COUNCIL MEMBER NEAL MOVED TO ACCEPT THE GRANT. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * ( February 16, 1982 Page 17 City Attorney DeWitt presented the notice of appeal in the matter of Vern Mann vs. City of Englewood. COUNCIL MEMBER FITZPATRICK MOVED TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CITY IN THE ABOVE MATTER. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * City Attorney DeWitt discussed the status of the Odd Fellows suit. * * * * * * City Attorney DeWitt informed Council of the Ernie Anderson estate that has been donated to the City. * * * * * * City Attorney DeWitt stated he was still working on a fireworks ordinance. City Attorney DeWitt stated model rockets are not ad- dressed in the Municipal Code and would provide a written opinion to such. * * * * * * City Attorney DeWitt discussed the upcoming proposal to create Paving District No. 28. Mr. DeWitt recommended hiring legal counsel Bill Lamm to assist the City in the district. COUNCIL MEMBER BILO MOVED TO APPOINT BILL LAMM AS LEGAL COUNSEL FOR PAVING DISTRICT NO. 28. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. February 16, 1982 Page 18 Absent: Council Member Weist. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Communication concerning an award of bid for one large mowing tractor for the Parks Department. Mr. Mccown noted the Communication recom- mended the award be given to Boyd Distributing Company, Inc., in the amount of $36,600. Mr. Mccown noted the Company is will- ing to allow $3,500 trade-in on the City's old F-10 mower. COUNCIL MEMBER BILO MOVED TO AWARD THE BID FOR ONE LARGE MOWER ROTARY TRACTOR TO BOYD DISTRIBUTING COMPANY, INC. IN THE AMOUNT OF $36,600. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: ~fays: Absent: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING FOR FEBRUARY 22, 1.982, AT 4:30 P.M. TO DISCUSS THE MORTGAGE NOTE OF CITY HALL. 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, Bilo, Bradshaw, Otis. None. Council Member Weist. The Mayor declared the motion carried. * * * * * * 1bere was no further business to discuss. ( February 16, 1982 Page 19 COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. 10:15 p.m. Mayor Otis adjourned the meeting without a vote at tptw.fg, d~ -uty City C r /