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HomeMy WebLinkAbout1980-11-03 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 3, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 3, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Reverend Tom Bybee, Engle- wood Wesleyan Church, 4609 South Fox Street. The pledge of al- legiance was led by a member of the Junior Girl Scout Troop #213. 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 quor\Dll present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Wanush Assistant City Attorney DeWitt Acting Director of CoD111Unity Development Romans Director of Utilities Fonda Director of Finance/ex officio City Clerk-Treasurer Higbee Deputy City Clerk Watkins * * * * * * COUNCIL MEMBER KEENA MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 14, 1980. Council Member Bradshaw seconded the motion. 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. November 3, 1980 Page 2 The Mayor declared the motion carried. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 20, 1980. CouncilMember Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Hig~ay, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * There were no pre-scheduled visitors on the agenda. * * * * * * Mayor Otis asked if there were any other visitors to be heard at this time. Linda Shea, 3935 South Cherokee, appeared before Coun- cil. Ms. Shea praised the HUD program as a positive means to keep families in Englewood. Council thanked Ms. Shea for her coDIDents and asked her permission to use the coDIDents in the public hearing on the com- munity development block grant applciation. Ma. Shea granted permisison. * * * * * * There were no other visitors to be heard at this time. * * * * * * Mayor Otis opened the meeting for discussion of a con- tract between the City of Englewood and Misison Viejo Company concerning the leasing of excess raw water. Director of Utilities Fonda appeared before council and discussed points of the agreement and answered questions from Council relative to the agreement. November 3, 1980 Page 3 Jim Geissinger, attorney for the City on water matters, appeared before Council and confirmed that the price of sale of water to Mission was a fair figure. Mr. Fonda pointed out that the contract with Mission Viejo represented a single contract with a sound financial com- pany versus having several different contracts with different entities. Meaars. Fonda and Geissinger also discussed the future possibility of the issue arising of abandonment of water if the water was not sold. Mayor Otis asked if anyone from the audience wished to speak on this matter. There was no cotmnent. * * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEAR- ING FOR CONSIDERATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR FUNDS TO CONTINUE AND EXPAND THE PRESENT HOUSING REHABILI- TATION LOAN PROGRAM. Council Member Fitzpat~ick 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. Acting Director of Comnunity Development Dorothy Romans introduced the Executive Director of Housing Frances Buck Jonas who gave the presentation. Ma. Jonas stated the notice of public hearing was pub- lished in the Englewood Sentinel on October 22, 1980. Ms. Jonas presented the application and explained that its purpose was to develop of viable comnunity through the provisions of decent hous- ing, economic opportunities and suitable living environments for persons of low and moderate income. Ms. Jonas then gave a detailed discussion of the application and the criteria used by the federal government in its selection. Ms. Jonas recotmnended applying for a single purpose grant, noted that this was a com- petitive grant and submission of a pre-application did not in- sure funding. The decision of whether .or not Englewood was sel- ected to submit additional information would be made in January. November 3, 1980 Page 4 Ma. Jonas also discussed what had been accomplished through these grants from two received thus far. She stated there were six tar- get areas for rehabilitation and that staff wa recomnending expand- ing the current housing rehabilitation program to include grants to elderly and very low income households living in Target Area No. 1. At the present time, the City had only a loan program and staff was proposing adding a grant program. Ms. Jonas proposed limiting grants to one target area in order to get high priority points on the HUD neighborhood program impact criteria. Target Area No. 1 was chosen because it had the highest concentration of low and moderate income residents and the highest percentage of minorities in the City. She stated the subsidized, unsubsidized and deferred loans would still be available to households. Ma. Jonas stated the grant was being written by a con- sultant -International Systems, Atlanta, Georgia. The grant stated that the other funds can only be used in target areas and states nothing about the City as a whole. Ms. Jonas expressed her concerns about this and suggested writing into the grant the limiting of subsidized loans to the target areas and make the unsubsidized loans available throughout the City. Ms. Jonas also suggested that the $100,000 from the City be shown on the front page of the grant instead of break- ing it down into various expenditures. Ma. Jonas further recomnended that a request for a waiver of the expenditure threshold be submitted along with the grant. She stated HUD was asking for a threshold expendi- ture for previous grants. Since the City has a 1979 grant, HUD wants the City to show soi spent and 1si comnitted. Ms. Jonas stated they were only half through a two-year program and were 49.Ji spent and about 56i comnitted. Ms. Jonas stated in order to involve the citizens of Englewood in the development of a comnunity development pre- application, the Department of Community Development prepared a citizen participation plan. This plan was used for the 1979 grant. In accordance with this plan, a public hearing was held October 27, 1980 by the Housing Authority, and this hearing to- night was the second. Both public hearing were advertized in the Englewood Sentinel at least 10 days in advance. Ms. Jonas also asked those people in the audience to sign the paper that was being circulated for attendance count. In answer to a question from Council Member Fitzpatrick, Ma. Jonas stated the frant is written so that if not all the funds can be uaed in a sing e target area, they can be used in other tar- get areaa. November 3, 1980 Page 5 Council Member Keena asked Ma. Jonas to go over again the reconmendation as far as altering the application for the distribution of money in that it now reads only within target areas. Ms. Jonas stated at the present time the grant states when the money is not used in Target Area No. 1, it can be used in the other target areas. It does not address City-wide use. To this point and time, the City has been allowing low income persona City-wide to take part in the prog~am even if they were not in a target area. Ms. Jonas asked for Council direction on whether to limit funds to only target areas for greater impact or whether to continue to make funds available City-wide. * * * * * * Mayor Otis stated Ms. Shea's coDlllents would be included in this hearing. * * * * * * Tom Burns, 3600 South Bannock Street, Chairman of the Housing Authority, appeared before Council. Mr. Burns stated the Authority was interested in expanding the rehab loan program and the block grant would be very helpful in doing so. * * * * * * Mayor Otis asked if there was anyone present wishing to apeak against the program. No one responded. * * * * * * COUNCIL MEMBER BILO MOVED TO CLOSE THE PUBLIC HEARING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bi lo, Bradshaw, Otis Nays: None. ~e~~ declared the motion carried. * * * * * * November 3, 1980 Page 6 COUNCIL MEMBER FITZPATRICK MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT APPLICATION ALONG WITH THE RECOMMENDED CHANGES. Council Member Bradshaw seconded the motion. Council Member Keena stated in order to maintain priorities with the federal government on the distribution of money within the target areas, the grant should be worded to give the target areas higher priority; and if they do not apply, provisions to use the money elsewhere. were: 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. * * * * * * "Co11111Unications -No Action Reco11111ended" on the agenda (a) (b) (c) (d) Minutes of the Planning and Zoning Commission meeting of September 16, and 23, 1980. Minutes of the Board of Career Service Commis- sioners meeting of September 18, 1980. Minutes of the Water and Sewer Board meeting of October 14, 1980. Memorandum from the Director of Wastewater Treatment Plant to the City Manager concern- ing his attendance at the annual conference of the Water Pollution Control Federation in Las Vegas, Nevada, on September 28, to October 3, 1980. COUNCIL MEMBER NEAL K>VED TO ACCEPT "COMMUNICATIONS - NO ACTION RECOMMENDED" AGENDA ITEMS 5(a) -S(d). Council Member Bilo seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. November 3, 1980 Page 7 Nays: None. The Mayor declared the motion carried. * * * * * * Dorothy Romans, Acting Director of Conmunity Development, appeared before Council and presented the following Council CoDIJJUni- cationa from the Planning and Zoning Comnission meeting of October 21, 1980: (a) (b) (c) concerning amendments to the Comprehensive Zoning Ordinance relative to bicycle and pe- destrian facilities and setting a public hear- ing. concerning amendments to the Subdivision Regulations relative to pedestrian and bi- cycle trails and setting a public hearing. concerning zone district designation and set- ting a public hearing date. Council discussed these developments briefly with Ms. Romans. Council Member Neal asked Council to consider the im- pact of the coat of developing these facilities -(a) & (b). COUNCIL MEMBER BRADSHAW MOVED TO DIRECT THE CITY ATTORNEY TO PREPARE ORDINANCES FOR THESE ITEMS. Council Member Higday 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. * * * * * * Mayor Otis presented a Council Co111DUnication from the Water and Sewer Board meeting of October 28, 1980, reco111Dending approval of the Mission Viejo Company Water Supply Agreement. COUNCIL MEMBER FITZPATRICK MOVED TO RECEivE THE WATER SUPPLY AGREEMENT. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: November 3, 1980 Page 8 Ayes: Nays: The Mayor Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * Mayor Otis declared a recess at 8:50 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, Otis. Absent: Council Members Bilo, Bradshaw. The Mayor declared a quorum present. Council Members Bilo and Bradshaw entered the meeting at 9:07 p.m. ORDINANCE NO. 44 SERIES OF 1980 * * * * * * BY AUTHORITY 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 RAW WATER OF THE CITY OF ENGLEWOOD. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 53, ON FINAL READING, AND TO AMEND SECTION 3 BY ADDING " ••• OR APPRAISAL ••• "AT THE END: AND TO AMEND SECTION 5 BY ADDING IN THE SECOND LINE " ••• OR UNION AVENUE ••• " AND IN THE THIRD LINE BY ADDING " ••• DELIVERY AND DELIVER UNSCHEDULED WATER AT CHATFIELD DAM ••• ", AND IN THE FOURTH I LINE BY ADDING " ••• WATER ••• " AND IN THE FIFTH LINE BY ADDING " ••• UP I TO 10,000 ACRE FEET PER YEAR. THE BASIC 5000 ACRE FEET OF ••• ". Coun- cil Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Mebmers Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. November 3, 1980 Page 9 Nays: None. The Mayor declared the motion carried. ORDIHANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING CHAPTER 4, TITLE IX, '69 ENGLEWOOD MUNICIPAL CODE, BY INCREASING THE TAX TO BE PAID ON EACH DELIVERY VEHICLE. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 48, 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. 49 INTRODUCED BY COUNCIL MEMBER BILO AN ORDINANCE AMENDING CHAPTER 6, TITLE IX, OF THE '69 ENGLEWOOD MUNICIPAL CODE, BY INCREASING THE LICENSE FEE FOR DIRECT SELLING · AGENTS. COUNCIL MEMBER BILO MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1980, ON FIRST READING. Council Member Bradshaw sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. November 3, 1980 Page 10 Nays: None. The Mayor declared the motion carried. Council Member Neal noted the increase in fee was com- parable to what other metorpolitan cities in the area were charg- ing. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 6, TITLE IS, OF THE '69 ENGLEWOOD MUNICIPAL CODE, BY IMPOSING A ONE-HUNDRED-DOLLAR CLEANUP DEPOSIT ON CHRISTMAS TREE DEALERS' AND INCREASING THE FEE FOR PRIVATE POLICE AND DETECTIVE SERVICES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 50, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal noted Englewood had been charging 1/10 of what other metropolitan cities were charging for these licenses. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 51 INTRODUCED BY COUNCIL MEMBER ------- November 3, 1980 Page 11 A BILL FOR AN ORDINANCE AMENDING CHAPTER 7, TITLE IX, '69 ENGLEWOOD MUNICIPAL CODE, BY INCREASING THE FEE SCHEDULE FOR HEALTH THERAPY ESTABLISH- MENTS (MASSAGE PARLORS). COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL NO. 51, SERIES OF 1980, UNTIL FURTHER INFORMATION IS AVAIL- ABLE. 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. 52 INTRODUCED BY COUNCIL MEMBER ~~~~~~- AN ORDINANCE AMENDING CHAPTER 8, TITLE IX, '69 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE ANNUAL FEE RELATING TO POLICE AND FIRE ALARM DEVICES. COUNCIL MEMBER BRADSHAW MOVED TO TABLE COUNCIL BILL NO. 52, SERIES OF 1980, UNTIL FURTHER INFORMATION IS AVAILABLE. 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. The Mayor declared the motion carried. * * * * * * November 3, 1980 Page 12 ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING CHAPTER 3, TITLE X, OF THE '69 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE LICENSE FEE FOR ARBORISTS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 54, SERIES OF 1980, ON FIRST READING. Council Mem- ber 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. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING CHAPTER l, TITLE XIII, OF THE '69 ENGLEWOOD MUNICIPAL CODE, BY INCREASING THE BUSINESS AND OCCUPATION FEE FOR ALL CLASSES OF LICENSEES SELLING 3.2 PERCENT BEER MALT, VINOUS, OR SPIRITUOUS LIQUORS AT RETAIL. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 55, SERIES OF 1980, ON FIRST READING. Council 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. * * * * * * November 3, 1980 Page 13 ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER KEENA AH ORDINANCE AMENDING CHAPTER 3, ENTITLED "BUILDING TRADES LICENSES", OF ARTICLE II, TITLE IX, OF THE '69 ENGLEWOOD MUNICIPAL CODE, BY INCREASING THE FEES FOR CLASS 1, 2, AND 3, CONTRACTORS' LICENSES. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 56, 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 KEENA MOVED TO HOLD A TOWN MEETING ON BILLS FOR ORDINANCES AGENDA ITEMS 7(b) -7(i) ON NOVEMBER 17, 1980, AS PART OF THE REGULAR COUNCIL MEETING. 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. SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER NEAL November 3, 1980 Page 14 A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT FOR LIBRARY SERVICES BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ARAPAHOE REGIONAL LIBRARY DISTRICT FOR 1981. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 57, SERIES OF 1980, ON FIRST READING. Council 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. * * * * * * RESOLUTION NO. 47 SERIES OF 1980 A RESOLUTION AMENDING THE PROPOSED 1981 BUDGET. COUNCIL MEMBER FITZPATRICK MOVED TO PASS RESOLUTION NO. 47, SERIES OF 1980. Council Member Keena seconded the mo- tion. 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. 61 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1981. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 61, SERIES OF 1980, AND AMEND THE THIRD ''WHEREAS" TO READ November 3, 1980 Page 15 " ••• RESOLUTION NO. 47, SERIES OF 1980, ON THE 3RD DAY OF NOVEMBER, 1980 ••• " AND IN SECTION 1 TO READ " ••• RESOLUTION NO. 47 ••• " Coun- cil 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. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORAIX>, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1981, AND DECEMBER 31, 1981, CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1981. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 59, 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: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. I ' None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE AMENDING CHAPTER 12 OF THE '69 ENGLEWOOD MUNICIPAL CODE RELATING TO SPECIAL IMPROVEMENT DISTRICTS AND SET A PUBLIC November 3, 1980 Page 16 HEARING DATE ON THIS BILL FOR NOVEMBER 17, 1980, AS PART OF THE REGULAR COUNCIL MEETING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: ·· · .. · 1 • • '),. , Ayes: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: 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 NEAL MOVED TO TABLE THE RESOLUTION. Council 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. RESOLUTION NO. 48 SERIES OF 1980 * * * * * * ' • l ·: 1 •I f A RESOLUTION ESTABLISHING FEES AND CHARGES FOR THE ENGLEWOOD MUNICIPAL GOLF COURSE. COUNCIL MEMBER BRADSHAW MOVED TO PASS RESOLUTION NO. 48, SERIES OF 1980. Council Member Keena seconded the mo- tion. 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. * * * * * * November 3, 1980 Page 17 COUNCIL MEMBER FITZPATRICK MOVED TO APPROVE A PROCLAMA- TION DECLARING THE WEEK OF NOVEMBER 23 -30, 1980, AS "BIBLE WEEK". 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. * * * * * * Assistant City Attorney DeWitt presented the findings of fact and conclusions of the rezoning application of Smith, Cooper, et al, regarding the 4700 block of South Bannock Street. COUNCIL MEMBER BRADSHAW MOVED TO ADOPT THE FINDINGS OF FACT, CONCLUSIONS, AND DENIAL OF REZONING APPLICATION. Coun- cil Member Fitzpatrick seconded the motion. Council discussed whether or not enough information was provided on the cost and appropriateness of developing single family residences in this area in order to make a proper decision on this case. Council Member Bradshaw withdrew the motion. Council Member Fitzpatrick withdrew his second to the motion. COUNCIL MEMBER KEENA MOVED TO REOPEN THE HEARING RE- STRICTED ABSOLUTELY TO THE COST OF DEVELOPING THE PROPERTY AS SINGLE-FAMILY VS. DUPLEX. Council Member Bradshaw seconded the motion. COUNCIL MEMBER FITZPATRICK MOVED TO AMEND THE MOTION TO HEAR ANY ADDITIONAL INFORMATION THAN WHAT HAS BEEN HEARD. Motion died for lack of a second. Upon a call of the roll, the vote on Council Member Keena'a motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Keena, Bradshaw, Otis. Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. November 3, 1980 Page 18 COUNCIL MEMBER KEENA MOVED THAT THE HEARING RESTRICTED TO THE SUBJECT MATTER OF DEVELOPMENT AND COST OF DEVELOPMENT OF THIS PROJECT BE HELD AT 7:00 P.M., NOVEMBER 24, 1980. Council Member Bradshaw seconded the motion. Council Member Neal instructed staff to provide Messrs. Crabbe and Cooper with a copy of the findings of fact, conclu- sions and denial and solicit their conaents in response to these findings and have them submitted in writing. Mr. Hanneman, attorney for Messrs. Crabbe and Cooper, appeared before Council to clarify exactly what evidence Council was seeking. Council Member Keena responded be restricted to only about development, velopment, the return, the method, etc. matters such as water pressure, etc. the public hearing will the resale of that de- and not going into other Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Keena, Bradshaw, Otis. Council Members Fitzpatrick, Bilo. The Mayor declared the motion carried. * * * * * * Assistant City Attorney DeWitt submitted a letter from City Attorney Bernard Berardini announcing his resignation from the City of Englewood effective December 31, 1980. COUNCIL MEMBER HIGDAY MOVED TO ACCEPT MR. BERARDINI'S RESIGNATION. 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, Bradshaw, Otis. None. The Mayor declared the motion carried. RESOLUTION NO. 49 SERIES OF 1980 A RESOLUTION APPOINTING MR. RICK DEWITT AS ACTING CITY ATTORNEY FOR THE CITY OF ENGLEWOOD, COLORADO, AND FIXING HIS SALARY FOR I November 3, 1980 Page 19 THE BALANCE OF THE YEAR 1980, OR UNTIL FURTHER ORDER OF COUNCIL, TO WIT: COUNCIL MEMBER KEENA MOVED TO APPROVE RESOLUTION MO. 49, SERIES OF 1980, AND TO AMEND THE FIRST ''WHEREAS" TO READ " ••• EFFEC- TIVE DECEMBER 31, 1980 ••• " AND THE SECOND "WHEREAS" TO READ" ••• EFFECTIVE NOVEMBER 3, 1980 ••• " AND IM SECTION 1 TO READ " ••• EFFEC- TIVE NOVEMBER 3, 1980" ARD IM SECTION 2 TO READ " ••• $35,000 PER AMRUM ••• ". Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Mays: Council Members Higday, Meal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Rone. The Mayor declared the motion carried. Mr. DeWitt thanked Council for the appointment and offered any assistance in respect to matters of the City. * * * * * * City Manager Mccown presented a Council Conmunication from the Director of Finance concerning additions to the guide- lines for accepting applications for Industrial Revenue Bonds. Council discussed the privilege of waiving the appli- cation fee. Mr. DeWitt stated Council had that privilege each time an application was reviewed. COUNCIL MEMBER KEENA MOVED TO ACCEPT THE GUIDELINES AND AMEND THE GUIDELINES BY DELETIRG ITEM 20) AND INSERTING THE FOLLOWING: "APPLICANTS MUST LIST ALL ESTABLISHMENTS IN THE CORPORATE LIMITS OF THE CITY OF ENGLEWOOD WHICH WILL BE IN DI- RECT COMPETITION TO THEIR PROPOSED FACILITY". Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Meal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Nays: Rone. The Mayor declared the motion carried. * * * * * * November 3, 1980 Page 22 RESOLUTION NO. 50 SERIES OF 1980 A RESOLUTION RATIFYING CERTAIN ACfIOR HERETOFORE TAKEN; AUTHORIZ-I IRG THE EXECUTIOR ARD DELIVERY BY THE CITY OF AR AMENDMENT TO Fl- RARCING AGREEMENT; ARD REPEALIRG ACfIOR HERETOFORE TAKEN IN r CON- FLicr HEREWITH. COUNCIL MBMER BILO tl>VED TO PASS RESOLUTION NO. 50, SERIES OF 1980. 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. The Mayor declared the motion carried. * * * * * * Council Member Bradshaw asked the City Manager to it would be possible to publish the agenda in the Englewood Sentinel. Mr. Mccown replied that the timing for getting publica- tions to the newspaper and putting a finished agenda together did not coincide. * * * * * * There was no further buaineaa to be discussed. * * * * * * COUNCIL MEMBER HIGDAY !l>VED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 10:10 p.m. C2 . ~w~ Dep~erk