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HomeMy WebLinkAbout1980-04-21 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO April 21, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 21, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Keith Merriman, Emmanuel Methodist Church, 2700 South Downing Street. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: ~ouncil Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes Director of Engineering Services Diede Director of Parks and Recreation Romans Assistant Director of Parks and Recreation Tapply Deputy City Clerk Watkins * * * * * * Council Member Neal and Council Member Keena noted cor- rections to the minutes of April 7, 1980. The corrections were on page 13 -to change the amount of $1,000 to $100 in the motion to donate money to the V.F.W.; and to change Council Member Higday's motion as an amendment to the motion made by Council Member Bradshaw in the preceding paragraph. COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF APRIL 7, 1980, WITH THE AMENDMENTS. Coun- cil Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: April 21, 1980 Page 2 Ayes: Nays: The Mayor Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * Mr. Colbert Cushing, 3791 South Sherman Street, Chair- man of the CoD111Unity Center Comnittee was present and discussed a report on the CoD111Unity Center feasibility study. Mr. Cushing stated the only change in the report was Exhibit D wherein the comnittee recomnended enlarging the kitchen facility to meet the needs of a large group. Mr. Cushing stated the Citizens Comnittee passed a motion based on the positive reaction of the public to the idea of coD1DUnity center in Englewood to reconnnend to City Council that a coD111Unity center facility be established as outlined in the report. Mr. Cushing expressed his appreciation for the efforts put into this project by the members of the Com- mittee and the staff members of the City Parks and Recreation Department. Council thanked Mr. Cushing and his conmittee members for the report. * * * * * * Mr. Ted Mann, 30822 Middleton Road, Evergreen, Colorado, President of the Board of Community Arts Symphony, appeared before Council and requested funding of $9,000 for the CoD111Unity Arts Symphony. Mr. Mann passed out information concerning the symphony's program schedule for the 1979-1980 season. Mr. Dallas Dhority appeared before Council and spoke in support of the symphony. Mr. Dhority stated the request was to match a grant from the uni'on to help pay the conductor, director and first violinist of the orchestra. All other members are vo- lunteer musicians. Mr. Colbert Cushing appeared before Council and spoke in support of the symphony. Mr. Bob Brundage appeared before Council and spoke in support of the symphony. Mr. James Thomas, 3183 South Grant, appeared and spoke against Council contributing money to the symphony. Mr. Thomas I April 21, 1980 Page 3 stated he felt Council should absorb more of the costs in Paving District No. 27 rather than contribute money to the symphony. Mr. Mann re-appeared before Council. He agreed there was a need to keep the streets maintained; but argued the ar- tistic side of man needed cultural opportunities as well. In response to Council Member Fitzpatrick's question, Mr. Mann stated the City of Littleton was contributing $2,000 to the symphony. Mayor Otis informed Mr. Mann Council would take his request under consideration. * * * * * * Ms. Joan Wilson, new owner of O'Reilly's Saloon, form- erly d/b/a The John, 90 West Belleview, was present and requested approval for a 3.2 beer license transfer of ownership. Ms. Wilson discussed her plans for management and operation of the restaurant. COUNCIL MEMBER KEENA MOVED TO APPROVE THE TRANSFER OF OWNERSHIP OF THE 3.2 BEER LICENSE. Council Member Fitzpatrick 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. nte Mayor declared the motion carried. * * * * * * Mr. Kim Peterson, attorney for the law firm Holm & Dill, appeared before Council representing Round the Corner Restaurant, 701 West Hampden Avenue. Mr. Peterson requested that a public hearing date be set and a neighborhood designat- ed in an application for a hotel/restaurant license. COUNCIL MEMBER KEENA MOVED TO SET A PUBLIC HEARING DATE FOR JUNE 9, 1980, AT 7:30 P.M. AND THAT THE SURVEY BE DONE WITHIN A ONE MILE RADIUS. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. April 21, 1980 Page 4 Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to speak to Council on any matter. Council Member Neal informed Council of a letter from Joseph St. Veltry comnending Police Officers Baker and Knoth for their professional police work in recovering stolen property. Council Member Neal requested these officers to be recognized in some manner. Council Member Higday recomnended the Mayor send a letter to the police officers acknowledging their efforts in the abovementioned matter. * * * * * * Beverlee Howe, 3255 South Delaware, appeared before Council and discussed the water retention problems in the park- ing lot of Cinderella City. She submitted a photograph taken early in April of an area that was flooded. Mrs. Howe also spoke of other maintenance problems she had observed at the center. Mrs. Howe asked if Council would contact the management of the center in a request to repair and alleviate the flooding pro- blems that occur in the parking lot. Council advised Mrs. Howe to contact Mr. Artzberger the general manager of Cinderella City concerning this problem since the responsibility of maintenance and repair of the park- ing lot was that of the center's and not the City's. Council Member Fitzpatrick stated he would personally contact someone at Cinderella City to see what could be done. Council Member Bradshaw instructed staff to send a letter to the management detailing the problems Mrs. Howe has described. Mrs. Howe posed some questions concerning sidewalk repairs that had not been completed to her satisfaction. Council advised her to contact Gary Diede, Director of Engineering Services. * * * * * * April 21, 1980 Page 5 Harry Carleno, resident of Arapahoe County and former businessman in Englewood, appeared before Council regarding the protest to the construction of a water tower in the southern part of Englewood. Mr. Carleno submitted two types of protest petitions: 1) petitions suggesting disapproval by not patronizing businesses in the City of Englewood unless something was done with the tower; and 2) petitions requesting the removal of the tower on the basis that it was dangerous and depreciated property value. Mr. Carleno added the petitioners may seek some sort of legal remedy. Council discussed this matter with Mr. Carleno explain- ing that the intent of building the water tower was not to hurt the residents in the area but provide the Englewood residents in the area with better water pressure. Every effort would be made to make the tower acceptable. * * * * * * There were no other visitors wishing to speak to Council at this time. * * * * * * Mayor Otis declared a recess at 8:45 p.m. Council re- convened 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, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A SPECIAL EVENTS PERMIT APPLICATION FOR ALL SOULS CATHOLIC CHURCH, 435 PENNWOOD CIRCLE. Council Member Neal sec- onded 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. April 21, 1980 Page 6 James Sprinkle, 500 E. Grand Ave., appeared before Council on behalf of All Souls Catholic Church. Mr. Sprinkle stated the request for a special events permit was for the an- nual festival to be held on June 7 and 8, 1980. Mr. Sprinkle submitted a photograph of the posting of public hearing notice. Council Member Higday explained he would abstain from voting on this matter because he was member of the church. Mayor Otis asked if there was anyone who wished to speak either in favor or opposition to the issuance of the permit. No one responded. COUNCIL MEMBER NEAL MOVED TO CLOSE THE PUBLIC HEARING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Brads&aw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO APPROVE THE SPECIAL EVENTS PERMIT REQUEST FOR ALL SOULS CATHOLIC CHURCH, 435 PENNWOOD CIRCLE, ON JUNE 7 AND 8, 1980. Council Member Bradshaw seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO OPEN THE PUBLIC HEARING I TO CONSIDER PAVING DISTRicr No. 27. Council Member Fitzpatrick 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. April 21, 1980 Page 7 The Mayor decl -red the motion carried. Mayor Otis asked if there was anyone wishing to speak in favor of the paving district. No one responded. Mayor Otis asked if there was anyone wishing to speak against the paving district. Tom Ratty, 3121 South Grant, appeared before Council. Mr. Ratty submitted pictures of other streets which he felt were in more need of repair than the proposed blocks in South Grant and requested that Council reconsidered the streets which have been proposed. James Thomas, 3183 South Grant, appeared before Council Mr. Thomas presented a speciman of the asphalt which he had sampl- ed 8' -10' from the curb to justify the street was in good enough condition to remove it from the paving district. Mr. '11tomas stated he did not want to lose any trees due to construction and requested that the street not be included in the district. Al Renner, 3032 South Grant, appeared before Council. Mr. Renner asked that Council consider the opposition that was expressed at the first hearing and discard the project. Donald Smith, 3165 South Sherman, appeared before Coun- cil. Mr. Smith stated he could neither justify the "cost vs. benefit factor" nor the method of assessment. He felt the City was responsible for allowing heavy equipment to travel on and damage the street; thus the City should be liable for incurring more of the assessment costs. Council. destroyed afford to situation Gene Kottenstette, 3176 South Lincoln, appeared before Mr. Kottenstette stated the installation of storm sewer the street initially. He stated many people could not pay the assessment. He felt it was not an emergency to pave the streets. Jerry Van Ausdall, 3018 South Grant, appeared before Council. Mr. Van Ausdall stated he felt the street was in good condition. He suggested that Council wait until people want their street in a paving district. Pamela Ratty, 3121 South Grant, appeared before Coun- cil. Mrs. Ratty stated the alley behind the properties was in worse need of repair than the street. Mrs. Ratty stated she did not want to lose the trees due to construction. April 21, 1980 Page 8 James Thomas, 3183 South Grant, appeared before Coun- cil and reiterated his opposition to including Grant Street in the paving district. W. W. Rees, 3101 South Grant, appeared before Council and opposed the inclusion of Grant Street in the paving district. Mr. Rees suggested eliminating the whole project and adopting a policy wherein the City would let the residents know one year in advance of an upcoming paving district. lrva Tunstall, 3169 South Grant, appeared before Coun- cil. Mrs. Tunstall stated people could not afford to pay the assessment and asked that the district be postponed until an- other time. Isabella Knight, 3021 South Lincoln, appeared before Council and discussed alternatives to cutting costs on this district. Mrs. Knight advocated sharing the costs of a paving district with all the citizens in Englewood rather than assess- ing strictly the property owners directly effected. Bill Sigler, 555 E. Cornell Ave., appeared before Coun- cil. Mr. Sigler stated repair needed to be done on East Cornell; however, the street damage was done during storm sewer instal- lation. Mr. Sigler requested that Council consider a different formula for assessment of costs. Norman Larson, 3120 South Grant, appeared before Coun- cil. Mr. Larson suggested overlaying Grant instead of paving it. Don Mowery, 3001 South Pearl, appeared before Council. Mr. Mowery stated he was glad that Council decided not to widen Cornell; but could not understand why it was decided to put in a sidewalk on the south side of the street when the park was on the north side. Raymond Satter, 3001 South Grant, appeared before Coun- cil. Mr. Satter requested that Council consider alternatives to repair of the streets based on the state of economy and citizens ability to pay the assessment costs. Mr. Satter entered into the record a letter from himself objecting to the paving district. Don Hotopp, 615 East Cornell, appeared before Council and stated he was against the district. Earl Pfeufer, 3000 South Pearl, appeared before Coun- cil and asked Council not to install a sidewalk between Cornell and Washington. April 21, 1980 Page 9 There were no further comnents made. COUNCIL MEMBER FITZPATRICK MOVED TO CLOSE THE PUBLIC HEARING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: were: Ayea: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. 'ftle Mayor declared the motion carried. * * * * * * "Conaunicationa -No Action Recomnended" on the agenda (a) Minutes of the Planning and Zoning Comnission meeting of March 4, 1980. (b) Minutes of the Denver Regional Council of Governments meeting of March 26, 1980. (c) Minutes of the Code Review Comnittee meeting of March 27, 1980. (d) Minutes of the Downtown Development Authority meeting of April 9, 1980. (e) Memorandum from the Employee Relations Di- rector to the City Manager concerning his attendance at the National Public Employers Labor Relations Association Conference in San Diego, California, March 2-7, 1980. (f) (g) Memorandum from the City Manager to Mayor and Members of City Council concerning his attendance at the National League of Cities Conference in Washington, D.C., March 16-18, 1980. Transmittal of the 1979 Annual Financial Re- port. COUNCIL MEMBER KEENA MOVED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: April 21, 1980 Page 10 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis declared a recess at 10:45 p.m. Council re- convened at 10:55 p.m. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. Mayor Otis declared a quorum present. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO BRING FORWARD AGENDA ITEM 7A -THE ORDINANCE CREATING PAVING DISTRICT NO. 27. Council Members 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. SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE CREATING PAVING DISTRICT NO. 27 IN THE CITY OF I ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; AND SETTING FORTH OTHER DETAILS IN CONNECTION WITH THE DISTRICT. April 21, 1980 Page 11 COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 8, SERIES OF 1980, ON FINAL READING. Council Member Bilo seconded the motion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION TO REK>VE THE 3000, 3100, AND 3200 BLOCKS OF SOUTH GRANT. Coun- cil Member Higday seconded the motion. Council Member Keena supported the passage of Council Bill No. 8 in its entirety. Ms. Keena advised the setting up of a trust fund to subsidize assessments incurred by citizens in a paving district and repayment thereof. Upon a call of the roll, the vote on Council Member Fitzpatrick's amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Bilo, Bradshaw, Otis. Council Member Keena. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION AND REMOVE THE 400 BLOCK ON WEST EASTMAN AVENUE. Council Member Neal seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Fitzpatrick, Bilo, Otis. Council Members Higday, Neal, Keena, Bradshaw. The Mayor declared the motion defeated. City Manager Mccown informed Council the assessment cost figures would change with the deletion of the three blocks of South Grant and he would have those figures available at the next regular Council meeting. COUNCIL MEMBER HIGDAY MOVED TO TABLE CONSIDERATION OF THE ORDINANCE CREATING PAVING DISTRICT NO. 27. Council Mem- ber Fitzpatrick 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. April 21, 1980 Page 12 The Mayor declared the motion carried. * * * * * * Mayor Otia presented the minutes of the Water and Sewer Board meeting of April 18, 1980, wherein the Board reconmended consideration of a request from Groundwater Appropriators of the South Platte Inc, to lease raw water. COUNCIL MEMBER NEAL MOVED THAT THE GROUNDWATER APPRO- PRIATORS OF THE SOUTH PLATTE, INC., BE ALLOWED TO LEASE 500 ACRE FEET OF RAW WATER FROM MCLELLAN RESERVIOR DURING CALENDAR YEAR 1980. Council Members Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Haya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '11te Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Water and Sewer Board meeting of April 18, 1980, wherein the Board reconmended con- sideration of a request for Individual Sewer Tap-On Valley Sanita- tion District. COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE THE INDIVIDUAL SEWER TAP-ON, RELEASE AND IDEMNIFICATION AGREEMENT BETWEEN VALLEY SANITATION DISTRICT AND PRIDE STRUCTURES. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted aa follow•: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. '11te Mayor declared the motion carried. * * * * * * Mayor Otia presented the minutes of the Water and Sewer Board meeting of April 18, 1980, wherein the Board recoDlllended consideration of Supplement 11 Greenbelt Sanitation District. April 21, 1980 Page 13 COUNCIL MEMBER HIGDAY MOVED THAT GREENBELT SANITATION DISTRICT BE ALLOWED TO ANNEX SUPPLEMENT 11 TO THEIR DISTRICT UNDER THE TAP ALLOCATION PROGRAM. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote result- ed as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented the minutes of the Water and Sewer Board meeting of April 18, 1980, wherein the Board recol'IDlended consideration of the resignation of Rudy Witthus from the Board. COUNCIL MEMBER HIGDAY MOVED TO ACCEPT THE RESIGNATION OF RUDY WITTHUS AND APPOINT A NEW PERSON TO FILL THE POSITION AS SOON AS POSSIBLE KEEPING IN MIND THE PEOPLE ALREADY INTERVIEWED. 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. * * * * * * Mayor Otis preaented a Council CoD111Unication from the Director of Engineering Services concerning an easement to Pu- blic Service Company. City Manafer McCovn stated Public Service Company was requesting a 10' x O' eaaement to construct and maintain a na- tural gas regulator station in the northwest corner of the City- owned raw water reservoir along Windermere Street south of Tufts Avenue. Mr. McCovn stated Council may want to consider charging a fee to Public Service for the easement. COUNCIL MEMBER ICEENA MOVED TO GRANT THE 10' X 10' EASE- MENT TO PUBLIC SERVICE COMPANY OF COLORADO. Council Member Bilo seconded the motion. April 21, 1980 Page 14 COUNCIL MEMBER NEAL MOVED TO AMEND THE MOTION THAT PAYMENT BE IN CONSIDERATION OF $1.00. Council Member Keena seconded the motion. Upon a call of the roll, the vote result- ed aa follow•: Ayea: Haya: 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 made by Council Member Keena resulted as follows: Ayea: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradahaw, Otis. None. The Mayor declared the motion carried. * * * * * * Mayor Otis presented a Council Conmunication concerning a request to change a public hearing date on the Littlehorn -Jack- son Brothers rezoning application and a Council Coumunication from the Planning and Zoning Co11111ission meeting of April 8, 1980, con- cerning the Findings of Fact for the Littlehorn -Jackson Brothers Rezoning application. COUNCIL MEMBER FITZPATRICK MOVED TO CHANGE THE PUBLIC HEARING DATE ON THE LITTLEHORN -JACKSON BROTHERS REZONING APPLI- CATION FROM MAY 27, 1980, TO JUNE 30, 1980, AT 7:30 P.H. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Naya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. COUNCIL MEMBER NEAL MOVED TO RECEIVE THE FINDINGS OF FACT FOR THE LITTLEHORN -JACKSON BROTHERS REZONING APPLICATION WITHOUT PREJUDICE. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: April 21, 1980 Page 15 Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal requested the City Manager to in- form the City Attorney's office to compile a report detailing the criteria used to determine the findings of fact in the above- mentioned matter and what kind of protocol should be followed at the public hearing to obtain data that would hold up in court. * * * * * * Mayor Otis presented a Council Conmunication from the Planning and Zoning Comnission meeting of April 8, 1980, concern- ing Canfield' a Subdivision alley vacation. Mayor Otis stated the Planning and Zoning Co11111ission has determined there was no public purpose for retaining the alley right-of-way and recom- mended the right-of-way be vacated, retaining an easement for utility service and drainage purposes. Council Member Fitzpatrick spoke against releasing any City property. COUNCIL MEMBER HIGDAY MOVED TO VACATE THE EIGHT FOOT ALLEY PLATTED IN THE CANFIELD'S SUBDIVISION, RETAINING AN EASE- MENT FOR UTILITIES. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Keena, Bilo, Bradshaw, Otis. Council Member Fitzpatrick. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 11 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING SECTION 22, CHAPTER 3, TITLE XV, ARTICLE II, April 21, 1980 Page 16 ENTITLED "LICENSES, METERS AND CHARGES" BY IMPOSING CHARGES FOR SERVICE CALLS. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 11, I SERIES OF 1980, ON FIRST 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. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE APPROVING TOTAL SERVICE CONTRACT WITH THE VALLEY WATER DISTRICT INVOLVING SALE OF WATER AND WATER SERVICES OUT- S IDE THE CITY LIMITS OF THE CITY OF ENGLEWOOD FROM THE WATER SYSTEM AND PLANT OWNED BY THE CITY OF ENGLEWOOD, PURSUANT TO SECTION 124, ARTICLE XIII, OF THE CITY CHARTER. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 12, SERIES OF 1980, ON FIRST 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. * * * * * * Council Member Higday asked to be excused from the meeting because he was feeling ill. Mayor Otis excused Mr. Higday at 11:20 p.m. * * * * * * April 21, 1980 Page 17 Walt Imhoff, Hanifen, Imhoff, & Samford, Inc., financial advisor for the City of Englewood, appeared before Council and re- ported the results of bide taken by the City for special assess- ment bonds and feneral obligation water bonds. Mr. Imhoff recom- mended the spec al aaaeaament bonds for Paving District No. 26 be sold to Kirchner, Moore & Company, Denver, Colorado, at 10.334li; and the general obligation water bonds be sold to United California Bank of Loa Angeles, California, at 6.891. RESOLUTION NO. 14 SERIES OF 1980 A RESOLUTION AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 26, IN THE PRINCIPAL Atl>UNT OF $100,600 FOR THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB .AND GUTTER, AND SIDEWALK IMPROVEMENTS WITHIN SAID PAVING DISTRICf NO. 26. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 14, SERIES OF 1980. Council Member Keena seconded the motion. COUNCIL MEMBER KEENA MOVED TO AMEND THE MOTION SO THAT THE RESOLUTION READ SAID BONDS BE AWARDED TO KIRCHNER, MOORE & COMPANY, DENVER, COLORADO. Council Member Bilo sec- onded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. '11le Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion to pass Resolution No. 14, Series of 1980, resulted as fol- lows: Ayes: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. 'lbe Mayor declared the motion carried. * * * * * * April 21, 1980 Page 18 RESOLUTION NO. 15 SERIES OF 1980 A RESOLUTION AUTHORIZING THE SALE OF GENERAL OBLIGATION WATER BONDS, SERIES OF 1980, OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $1,300,000 TO IMPROVE AND EXTEND WATER SYSTEM. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 15, SERIES OF 1980. Council Member Bradshaw seconded the motion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION SO THAT THE RESOLUTION READ SAID BONDS BE AWARDED TO UNITED CALIFORNIA BANK OF LOS ANGELES, CALIFORNIA. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. '111e Mayor declared the motion carried. Upon a call of the roll, the vote on the original mo- tion to paaa Resolution No. 15, Series of 1980, resulted as fol- lows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS April 21, 1980 Page 19 OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 26, FOR CONSTRUCTING AND INSTALLING STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PROVIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. Walt Imhoff, submitted a copy of the bill for an ordi- nance containing the insertions for award of bonds to Kirchner, Moore & Company, Denver, Colorado, and other pertinent infor- mation applicable to the issuance. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 9, SERIES OF 1980, ON FIRST READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $1,300,000, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE MUNICIPAL WATERWORKS SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS AND PROVID- ING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. Walt Imhoff submitted a copy of the bill for an ordi- nance containing the insertions for award of bonds to United California Bank of Loa Angeles, California, and other pertinent information applicable to the issuance. April 21, 1980 Page 20 COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 10, SERIES OF 1980, 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 Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO PASS A PROCLAMATION DECLARING MAY 1 THROUGH MAY 4, 1980, AS "MAY BASKET DAYS". Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the City Attorney concerning a reconveyance of a 16 foot right-of- way to Kaibab Industries by the City and supporting documents. Mr. Mccown stated the pipeline used to carry water from Bear Creek to the Allen Treatment Plant. The pipeline was destroy- ed by the '65 flood and was never replaced. The Director of Utilities has indicated there were no plans to replace it; therefore, there was no need to have the easement. COUNCIL MEMBER NEAL K>VED THAT THE CITY RELEASE AND QUIT CLAIM ALL OF ITS RIGHT TITLE FOR INTEREST IN AND TO THE RIGHT-OF-WAY TO ICAIBAB INDUSTRIES WITH THE PROVISION THAT THERE WAS NO REQUIREMENT FOR ENGLEWOOD TO REK>VE THE PIPELINE OR THAT THE CITY BE REQUIRED TO GRADE OR SERVICE THE PROPERTY TO ITS FORMER CONDITION. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: April 21, 1980 Page 21 Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bradshaw, Otis. Council Member Bilo. Council Member Higday. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Council Conmunication concerning Aid To Other Agencies. Mr. Mccown explained how the funding for this account would be handled at the end of the year should the appropriations exceed the amount budgeted. COUNCIL MEMBER BRADSHAW MOVED TO APPROPRIATE $3,000 SEED MONEY TO THE DOWNTOWN BUSINESS ASSOCIATION OF ENGLEWOOD. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. COUNCIL MEMBER FITZPATRICK MOVED TO ALLOCATE $9,000 TO THE COMMUNITY ARTS SYMPHONY. Council Member Keena seconded the motion. Council Member Keena spoke on establishing guidelines and scrutinizing the funding allocated to Aid To Other Agencies. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. April 21, 1980 Page 22 Council Member Bradshaw explained the $3,000 to the Downtown Business Association was to be allocated at one month intervals and the contribution was a one-time appropriation. * * * * * * City Manager Mccown presented a Council CoD111Unication concerning the Downtown Development Authority's Executive Di- rector's contract. Mr. Mccown stated the contract was prepared by the legal firm who contracts with the Authority. Mr. Mccown stated he had received a memo from the Executive Director stating his preference as to being a contract employee rather than a re- gular employee because of social security reasons. COUNCIL MEMBER BRADSHAW MOVED TO POSTPONE CONSIDERATION OF THE CONTRACT UNTIL AN OPINION IS RECEIVED FROM THE CITY A'ITORNEY. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. Council Member Keena requested the City Manager to in- struct the City Attorney to prepare an analysis of the contract in terms of its compatibility and comparison with normal City benefits. * * * * * * City Manager Mccown presented a Council CoD111Unication and a resolution concerning the Six Quarter Budget for the period April, 1980, through September, 1981. RESOLUTION NO. 16 SERIES OF 1980 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER NEAL MOVED TO PASS RESOLUTION NO. 16, SERIES OF 1980. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted aa follows: I April 21, 1980 Page 23 Ayes: Nays: Absent: 'nle Mayor Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. Council Member Higday. declared the motion carried. * * * * * * City Manager Mccown stated his office had received a request from the Firefighters Association of the City to re-open negotiations on the 1980-81 contract. Mr. Mccown reconmended denial of the request. COUNCIL MEMBER BILO MOVED THAT THE FIREFIGHTERS ASSOCI- ATION BE ALLOWED TO RE-OPEN NEGOTIATIONS AS REQUESTED. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: None. Council Members Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Council Member Higday. The Mayor declared the motion defeated. * * * * * * City Manager Mccown urged Council to read as soon as possible his memo reviewing the Municipal Court request and the reconnendations regarding the street patching program for the summer because additional funds will be required. * * * * * * COUNCIL MEMBER NEAL MOVED TO CHANGE THE FIRST REGULARLY SCHEDULED COUNCIL MEETING IN MAY FROM MAY 5 TO A SPECIAL MEETING ON MAY 6 BECAUSE THE PRECINCT CAUCUSES WERE SCHEDULED FOR MAY 5TH. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Bradshaw. Council Members Fitzpatrick, Keena, Bilo, Otis. April 21, 1980 Page 24 Absent: 'nle Mayor Council declared * * Member Higday. the motion defeated. * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 12:05 a.m. I