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HomeMy WebLinkAbout1980-11-17 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 17, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 17, 1980, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Mr. Vic Trook, First Christian Church, 3190 South Grant Street. The pledge of al- legiance was led by 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 quorum present. * * * * * * Also present were: City Manager Mccown Asaiatant City Manager Wanush Acting City Attorney DeWitt Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * Mayor Otis called attention to the handmade quilt hang- ing on the back wall. Mayor Otis stated the cover was quilted by a group of ladies contracted by the Cinderella City Association. Mayor Otis noted the quilt depicts various scenes in Englewood and expressed Council's appreciation to be presented with it. * * * * * * Council Member Bilo noted a correction to the minutes of the regular meeting of November 3, 1980, on p,age 20. Mr. Bilo noted on the seventh line from the top, "member' was mistyped. COUNCIL MEMBER BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 3, 1980, AS AMENDED WITH THE CORRECTION NOTED BY COUNCIL MEMBER BILO. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: November 17, 1980 Page 2 Ayes: Nays: The Mayor Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. declared the motion carried. * * * * * * Mr. Dallas Dhority, 3150 South Acoma, appeared before Council. Mr. Dhority introduced the following people who repre- sented the CoD111Unity Arts Symphony in a request for an increase in contribution to the symphony above what was budgeted for 1981: Ma. Helen Farrand, 6041 South Crestview, president of the Board of Directors. Ma. Farrand spoke on the history of the symphony. Dr. Eugene Cowen, 3510 South Marion, submitted a letter requesting financial support for the symphony. Dick Frost, 3900 South Kalamath, spoke on the individual talent comprised in the symphony and stated he thought the musi- cians were poorly rewarded monetarily for the amount of practice they put in. Warner Schnackenberf, 3675 South Cherokee 1106, stated he would like to see the City s tax dollars support the symphony. Ted Mann, 30822 Middleton Road, Evergreen, Colorado, spoke on what he felt were the cultural benefits of having a co111111nity symphony. Mr. Mann asked Council to consider what had transpired with the Denver Symphony over the past few months and avoid the same thing from happening to the Comnunity Arts Symphony. Ray Satter, 3001 South Grant, spoke on the dramatic effect the symphony has had on his appreciation of music and how it can benefit the conmunity and its citizens. Carlos De Maries, board member of the symphony, sup- ported comnents from previous speakers and spoke on how the sym- phony has been good for his business. Mr. De Maries submitted letters of support from Mr. Terry L. Schmidt, President of Rose Manufacturing Company, and Welcome W. Bender, President of Cus- tom Engineering, Inc. I November 17, 1980 Page 3 Ex-Mayor James Taylor, 3709 South Sherman, spoke on how past Council's have helped the symphony financially and asked that that support be continued. Paul Beatty, 180 W. Girard, Executive Vice President of the Englewood Chamber of CoDIDerce, spoke in support. He stated he had only become familiar with the symphony over the last three months and felt it was an important part of a com- munity just as sports activities are. Dallas Dhority concluded the presentation by request- ing $7,500 from Council for the symphony. Mr. Dhority noted it was leas that what the symphony asked for last year but more than what had been budgeted for in 1981. Mr. Dhority queried the possibility of putting the symphony in the budget under Cultural Activities -Parka and Recreation. Mayor Otis thanked the people for their presentation and stated Council would consider their request in a study ses- sion. Mr. Dhority asked for a show of support from the audience by asking those in support to stand. Approximately 17 people stood up. There were no further coDIDents made on this subject. * * * * * * Mayor Otis asked if there were any other visitors wish- ing to address Council at this time. Malcolm Taylor, 4830 South Washington, appeared before Council. Mr. Taylor suggested that Council encase the handmade quilt in glass. * * * * * * At the requeat of Council Member Keena, Steve Bell from Hanifen, Imhoff & Samford, Inc., appeared before Council and dis- cussed the parameters set forth in a proposed single-family re- venue bond program. Mr. Bell stated this was the best method to proceed toward the actual issuance of mortgage revenue bonds even though it was uncertain whether or not the bonds will be issued pending what the federal government does. Mr. Bell stat- ed the program parameters were covered at the last study session and called attention to two specific items: 1) the interest limita- tion that was set forth under Section 1 (h) wherein the mortgage November 17, 1980 Page 4 interest rate shall not exceed 12~; and 2) the bond amount of $25,000,000 set forth under Section 1 (q) wherein this amount provides flexibility to cover any amount which Couincil might decide to issue. Mr. Bell stated bond counsel has assured him that although Council was considering an ordinance with cer- tain paramenters in mind, changes could be made at a later time in the bond ordinance itself. City Manager Mccown noted Council would not be able to consider a bond ordinance until after the first of the year even if federal legislation approved the program because there would not be a regular Council meeting in December at which time a bill could be introduced. Council Member Neal spoke concerning item (p) under Section 1, and suggested amending the section to broaden the amount at which a person would qualify for a rehab mortgage loan. This suggestion was discussed at length with Mr. Bell. Mr. Bell stated Council could make changes to the ordinance; however, reconsideration of amendments may have to be done at the time when the bond ordinance is consider- ed and what the marketability of the bonds were. * * * * * * There were no other visitors at this time. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO OPEN THE PUBLIC HEARING FOR CONSIDERATION OF AN ORDINANCE ON FINAL READING AMENDING CHAPTER 12 OF THE 1969 ENGLEWOOD MUNICIPAL CODE RE- LATING TO SPECIAL IMPROVEMENT DISTRICTS. 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. Acting City Attorney DeWitt presented the ordinance. Mr. DeWitt stated this particular amendment limited the time to 30 days in which a party can contest in court the issuance of bonds and the method of construction of improvements. November 17, 1980 Page 5 Mayor Otis asked if there was anyone in the audience wishing to speak on the ordinance either in favor or against. There were no co11111ents from the audience. COUNCIL MEMBER BILO K>VED TO CLOSE THE P'BLIC HEARING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 45 SERIES OF 1980 * * * * * * BY AUTHORITY 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. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 60, SERIES OF 1980, ON FINAL READING. 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. * * * * * * Mayor Otis opened the meeting for public discussion on proposals that would increase the tax to be paid on each delivery vehicle; increase the license fee for direct selling agents, im- pose a $100 cleanup deposit on Christmas tree dealers and increase the fees for private police and detective services; increase the business and occupation fees for all classes of licenses selling November 17, 1980 Page 6 3.2 percent beer, malt, vinous, and spirituous liquors at retail; and increase the fees for Class 1, 2, and 3 contractors' licenses. Malcolm Taylor, 4830 South Washington, appeared before Council. Mr. Taylor stated he was representing the Elks Club in support of increasing the fee for club license, under Class "E". There were no further cot'llDents. * * * * * * Mayor Otis declared a recess at 8:50 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: were: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. Absent: None. The Mayor declared a quorum present. * * * * * * "ColrlllUnicationa -No Action Reco11111ended" on the agenda (a) (b) (c) (d) (e) (f) Minutes of the Housing Authority meeting of September 24, 1980. Minutes of the Library Board meeting of October 14, 1980. Minutes of the Planning and Zoning Connnission meeting of October 21, 1980. Minutes of the Liquor License Authority meeting of October 28, 1980. Memorandum from the Director of Parks and Re- creation to the City Manager concerning his attendance at the 1980 Congress for Recreation and Parks, in Phoenix, Arizona, from October 19 to 23, 1980. Municipal Court Activity Report for the month of October, 1980. November 17, 1980 Page 7 COUNCIL MEMBER FITZPATRICK MOVED TO ACCEPT "COMMUNICA- TIONS -NO ACTION RECOMMENDED" AGENDA ITEMS 5(A) -5(F). 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. * * * * * * There were no "CoD111Unications -Action Recommended" on the agenda. ORDINANCE NO. 46 SERIES OF 1980 * * * * * * BY AUTHORITY 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 K>VED TO PASS COUNCIL BILL NO. 48, SERIES OF 1980, ON FINAL READING. Council Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCe NO. 47 SERIES OF 1980 * * * * * * BY AUTHORITY 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. November 17, 1980 Page 8 COUNCIL MEMBER BILO K>VED TO PASS COUNCIL BILL NO. 49, SERIES OF 1980, ON FINAL READING. Council Member Neal 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. * * * * * * ORDINANCE NO. 48 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 6, TITLE IX, OF THE '69 ENGLEWOOD MUNICIPAL CODE, BY IMPOSING A ONE-HUNDRED-DOLLAR CLEANUP DEPOSIT OR CHRISTMAS TREE DEALERS; AND INCREASING THE FEE FOR PRIVATE POLICE AND DETECTIVE SERVICES. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1980, ON FINAL READING. Council Member Fitzpatrick aeconded the motion. Upon a call of the roll, the vote resulted aa follows: · Ayea: Haya: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 49 SERIES OF 1980 * * * * * * BY AUTHORITY 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. November 17, 1980 Page 9 COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 54, SERIES OF 1980, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 50 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING CHAPTER 1, 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. Acting City Attorney DeWitt noted a correction had been made under Class "H". The correct fee was $650.00 rather than the $600.00 reflected in the bill at first reading. COUNCIL MEMBER NEAL K>VED TO PASS COUNCIL BILL NO. 55, SERIES OF 1980, AS AMENDED, ON FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 51 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER KEENA AN 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 K>VED TO PASS COUNCIL BILL NO. 56, SERIES OF 1980, ON FINAL READING. 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. ORDINANCE NO. 52 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER NEAL 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 FINAL READING. Council Member Bilo 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. * * * * * * ORDINANCE NO. 53 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL MEMBER BRADSHAW November 17, 1980 Page 11 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, ON FINAL READING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. 54 SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER KEENA AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1981, AND ENDING DECEMBER 31, 1981, CONSTI- TUTING 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 FINAL READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER KEENA November 17, 1980 Page 12 A BILL FOR AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, COLORADO, I-1, LIGHT INDUSTRIAL DISTRICT, AND AMENDING ZORING MAP IN ACCORDANCE THEREWITH. COUNCIL MEMBER KEENA MOVED TO PASS COUNCIL BILL NO. 62, OR FIRST READING, AND TO SET A PUBLIC HEARING CON- CERNING THE ZONING DESIGNATION FOR DECEMBER 8, 1980, AT 7:30 P.M. 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. ORDINANCE NO. SERIES OF 1980 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 63 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING CHAPTER 3, TITLE XII, OF ENGLEWOOD MUNICIPAL CODE OF 1969, PROVIDING FOR PEDESTRIAN AND BI- CYCLE TRAILS IN SUBDIVISION REGULATION ORDINANCE. COUNCIL MEMBER BRADSHAW MOVED TO PASS COUNCIL BILL NO. 63, SERIES OF 1980, ON FIRST READING. Council Member Fitzpatrick seconded the motion. Council Member Neal spoke against passage of the bill until Council had had a chance to discuss the ramifi- cations and consequences involved in a project of this na- ture. COUNCIL MEMBER NEAL K>VED TO TABLE COUNCIL BILL NO. 63, SERIES OF 1980. Council Member Bilo seconded the motion. Council instructed the City Manager to schedule this matter for a study session before the first regular November 17, 1980 Page 13 meeting in January, 1981, at which time the bill would be placed on the Council meeting agenda. follows: Upon a call of the roll, the vote resulted as Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 1980 COUNCIL BILL NO. 64 INTRODUCED BY COUNCIL MEMBER ~~~~~~~~ A BILL FOR AN ORDINANCE AMENDING CHAPTER 22 CONSTITUTING THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF ENGLEWOOD, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY PROVIDING FOR BICYCLE AND PEDES- TRIAN FACILITIES. COUNCIL MEMBER NEAL l«>VED TO TABLE COUNCIL BILL NO. 64, SERIES OF 1980, AND TO BRING IT BACK ON THE AGENDA AT THE FIRST REGULAR MEETING OF JANUARY, 1981. Council Member Higday seconded the motion. Council instructed the City Manager to also schedule this matter for a study session prior to the first meeting in January. lows: Upon a call of the roll, the vote resulted as fol- Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * November 17, 1980 Page 14 ORDINANCE NO. SERIES OF 1980 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 65 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE SETTING FORTH THE PARAMETERS OF THE UPCOMING SINGLE FAMILY K>RTGAGE REVENUE BOND PROGRAM OF THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER HIGDAY K>VED TO PASS COUNCIL BILL NO. 65, SERIES OF 1980, ON FIRST READING. Council Member Keena seconded the motion. COUNCIL MEMBER NEAL K>VED TO AMEND THE MOTION BY DELETING THE LAST THREE LINES IN SECTION 1. PARAMETERS (p) AND INSERTING "THAT THE LOAN VALUE SHALL NOT EXCEED $80,000; AND"; AND TO SET A PUBLIC HEARING ON THIS MATTER ON DECEMBER 8, 1980, AT 7:30 P.M. Council Member Bilo seconded the motion. Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Acting City Attorney DeWitt discussed the lawsuit filed in the District Court by Vern Mann against the City of Englewood. Mr. DeWitt asked permission to defend the City in this particular litigation. November 17, 1980 Page 15 COUNCIL MEMBER KEENA MOVED TO ALLOW ACTING CITY AT- TORNEY RICK DEWITl' TO DEFEND THE CITY OF ENGLEWOOD IN THE LAW- SUIT BROUGHT AGAINST IT BY VERN MANN. 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. * * * * * * Acting City Attorney DeWitt discussed lawsuits of Matthews versus the City of Englewood. Mr. DeWitt stated the suits were a dispute over the rights of the City to maintain an alley. He stated the Matthews requested a building permit that would cut off half of the alley. The City asked for an injunction on the permit as well as a quite title of the alley and litigation ensued through an appeal after the Board of Adjustments and Appeals had had hearings. The Matthews sold their property and the new owners have given the City an ease- ment to the alley and do not desire to get involved in further litigation. Mr. DeWitt requested permission to execute a mo- tion and stipulation to vacate findings, judgement, and order and dismiss the suit. COUNCIL MEMBER KEENA MOVED TO ALLOW THE CITY ATTORNEY TO SIGN THE MOTION OF STIPULATION. 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. * * * * * * Acting City Attorney DeWitt discussed the water tower litigation. Mr. DeWitt stated he was pursuing a motion to set aside the injunction so that the City could go ahead and use the tower based on the result the City received for condemnation pro- ceedings for additional ground. * * ·* * * * November 17, 1980 Page 16 Acting City Attorney DeWitt reported on the Dart Board case. Mr. DeWitt stated the judge signed the order disqualifying himself from the case. It was now before Judge Kelly to reassign the case. * * * * * * Acting City Attorney DeWitt discussed the reported con- flict between his office and a citizen regarding a law suit. Mr. DeWitt stated he discussed this matter with the City's prosecut- ing attorney who indicated the situation was a result of a citi- zen's complaint filed in municipal court. The complaint was is- sued against a resident and the matter came before the court in the normal course of events and was a code violation type situa- tion. Mr. DeWitt stated the case involved a municipal matter rather than private litigation. * * * * * * In response to Mayor Otis's question, Mr. DeWitt stated the City Manager and his staff was still reviewing the proposed fee changes for health therapy facilities and alarm devices. Mr. Mccown stated information would be available at the next Council meeting. * * * * * * COUNCIL MEMBER FITZPATRICK MOVED TO SET A SPECIAL MEETING FOR DECEMBER 8, 1980, IN REPLACEMENT OF DECEMBER 1, 1980, AND TO SET A SPECIAL MEETING FOR DECEMBER 22, 1980, IN PLACE OF DECEMBER 15, 1980. Council Member Keena sec- onded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Council Members Higday, Neal, Fitzpatrick, Keena, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * * * * * * Council Member Neal conmended Ms. Dorothy Romans for her work in the Holiday Parade. Council joined in with Mr. Neal in expressing their appreciation. * * * * * * November 17, 1980 Page 17 Council Member Bradshaw requested that consideration of salaries for the City Manager, City Attorney, Municipal Court Judge and Associate Judges be on the agenda for December 22, 1980. * * * * * * Mayor Otis reminded Council members of the executive session following this meeting. * * * * * * There was no further business to be discussed. * * * * * * COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting without a vote at 9:40 p.m. IWputyty c1e