Loading...
HomeMy WebLinkAbout1979-07-16 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 16, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 16, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given Councilman David Clayton. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. Mayor Taylor stated Councilman Mann would not be able to attend the meeting. Mr. Mann received a call during study ses- sion that a member of his family was seriously ill. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Chief of Police Holmes Deputy City Clerk Watkins * * * * * * Council conmended Boy Scout Troop 192 for giving the Pledge of Allegiance and requested the scouts to re-enter the meeting and introduce themselves. The scouts were: David Turner Mike Evans Larry Walsh Doug Walsh * * * * * * City Manager Mccown gave a status report on the water main breakage at the Allen Water Treatment Plant. Mr. Mccown July 16, 1979 Page 2 stated the crews are hopeful they will be successful in repair- ing the breakage and plan to start pumping water in three hours. Mr. Mccown stated the water supply was down to less than one day's supply and asked that residents not water their yards for the next day in order to ref ill the supply and regain pressure and fire fighting capabilities. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 2, 1979, AS SUBMITTED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Utilities Stu Fonda was not present. Mr. Charles Vale of Camp, Dresser & McKee appeared on his behalf to discuss the water tranamission main project under the Capital Improvement Program and the attendant problems in routing the main under the bridge which carries U.S. 285 across Little Dry Creek. Mr. Vale stated the State Department has reversed their decision to approve the route and has offered an alternate route. Mr. Vale stated the contractor has offered to do the alternate alignment procedure at no additional costs except for those unit costs established in hie contract. Mr. Vale stated if the al- ternate route is approved, an easement would have to be obtained on private property between South Grant and South Lincoln Street; the price could be negotiated. Mr. Vale stated although the change order would increase the contract price by $10,000 to ~20,000; pre- sent and future risks of damaging U. S. 285 bridge over Little Dry Creek would be avoided. COUNCILMAN SMITH MOVED TO AUTHORIZE THE CITY STAFF TO NEGOTIATE THE WATER LINE EASEMENT AND ORDER THE CITY ATTORNEY TO PREPARE THE RESOLUTION SO STATING BASED ON THE MEMO FROM MR. FONDA TO ANDY MCCOWN DATED JULY 12, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. July 16, 1979 Page 3 Nays: Absent: None. Council Member Mann. The Mayor declared the motion carried. Mr. Vale diacuaaed the award of bid for the elevated water tank to Chicafo Bridge & Iron Company. Council could chose either the multi-co umn tank or the single pedestal. Mr. Vale discussed the feature• and maintenance requirements unique to each design. City Manager Mccown acknowledged that staff had recom- mended the single pedeatal tank; one reason being it supposedly had the lower maintenance coata. Mr. Mccown pointed out the single column tank waa $62,000 more than the multi-column tank and ques- tioned the length of time in which the difference would be recouped in maintenance coata. In reaponae to Councilman Clayton's question, Mr. Vale stated there waa no difference between the tanks in regard to re- liability. Mr. Vale atated the weight of the steel and the cost of welding and erection were the coat differences. Mayor Taylor atated Council must take into consideration everything done thua far on the water improvement program has gone over bid and more money i• being spent that what was anticipated. Mayor Taylor urged the acceptance of the low bid for the construc- tion of the multi-column tank. COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATION FOR AWARD FOR THE WELDED ELEVATED STEEL TANK WHICH IS THE FOUR-PEDESTAL TANK. Councilman Harper aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor con111ented on the new court/council facilities in which this meeting was being conducted. Mayor Taylor stated de- dication ceremonies would be held in the near future. * * * * * * July 16, 1979 Page 4 Mr. Ted Mann, 30822 Middleton Road, Evergreen, and Mr. Terry Schmidt, 6931 South Spotswood, Littleton, were present. Mr. Mann is President and Mr. Schmidt is Chairman of the Conmunity Arts Symphony. Mra. Elaine Good who also was scheduled to appear before Council was not preaent. Mr. Mann and Mr. Schmidt requested a public hearing date be aet regarding their application for a special events permit for beer, wine and liquor for a symphony they are sponsoring on August 25, 1979 in Cinderella City. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR AUGUST 6, 1979, TO APPEAR ON THE REGULAR AGENDA. Council- man Harper seconded the motion. Councilman Clayton questioned whether or not the appli- cation was in order since it waa marked for the purposes of sell- ing beer, wine and liquor. The applicant only wanted to sell beer and wine. City Attorney Berardini stated under a special events per- mit application, there are only two categories for which the appli- cant can apply. The only type of category applicable was the one marked for beer, wine and liquor and was checked marked in accor- dance with their purpose. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Robert Mcintyre, owner of Old Town Liquors, 325 East Jefferson Avenue, was not present. * * * * * * Mr. Rodney Utz, and Mr. Robert W. Turner (attorney for Mr. William Gilmore) appeared before Council concerning a re- quest for a 3.2 beer license renewal for The John, 90 West Belle- view. Mr. Utz and Mr. Gilmore are the owners of The John. Their appearance waa in reaponae to Council's request for further in- vestigation into poaaible licenae violations over the past year at their establiahment. July 16, 1979 Page 5 an oral charges charges ocation City Attorney Berardini stated he had given the Council report preceding the Council meeting concerning possible and referred the decision of whether or not to make formal against the owners and call for a hearing regarding rev- or suspension of the license to Council. COUNCILMAN SMITH MOVED TO GRANT THE RENEWAL OF THE LICENSE. Councilman Harper seconded the motion. Councilman Smith stated there have been numerous reports filed in regards to the license and it should be pointed out that a liquor license is a privilege not a right. Mr. Smith stated there were grounds for watching this establishment closely and suggested that the owners take steps in getting better management. Mr. Smith stated he understood lately there has been more cooperation with the current management and under these improved circumstances he felt Council could grant renewal. Mr. Turner stated the current manager was present at the meeting and would oblige the Council in answering any ques- tions. Mr. Turner stated Mr. Utz has talked with the Police Chief and advised the Chief he will do everything possible in improving the operation of The John. Councilman Clayton stated Council will back up the Police Department and he expected the laws and regulations to be obeyed. Upon a call of the roll, the vote on Councilman Smith's motion to grant the licenae renewal resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * "Conaunications -No Action Reconmended" on the agenda were received: (a) (b) Minutes of the Board of Career Service Com- missioners meeting of May 17, 1979. Minutes of the Englewood Public Library Board meeting of June 12, 1979. I July 16, 1979 Page 6 (c) (d) Minutes of the Animal Control Connnittee meeting of July 9, 1979. Municipal Court Activity Report for the month of June, 1979. * * * * * * City Manafer Mccown presented request for a renewal of a hotel/restaurant iquor license for the Ground Round Restaurant, 5180 South Broadway. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this establish- ment during the past year. Mr. Mccown also presented a request for a 3.2 beer license renewal for Bob's Grocery, 3296 South Washington Street. Mr. Mccown stated the police report attached to the renewal application reflects no violations at this outlet during the past year. COUNCILMAN HARPER MOVED TO GRANT THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE GROUND ROUND RESTAURANT, 5180 SOUTH BROADWAY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR A 3.2 BEER LICENSE RENEWAL FOR BOB'S GROCERY, 3296 SOUTH WASHING- TON STREET. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * July 16, 1979 Page 7 Aaaiatant City Manager Curnea presented a memorandum from Acting Director of Coaaunity Development Dorothy Romans con- cerning an encroachment requeet from Mr. Loren Fletcher, 705 West I Dartmouth Avenue. Mr. Curnea stated Mr. Fletcher was under contract for the property at 705 Weet Dartmouth Avenue which was formerly a broom factory. Mr. Fletcher wants to convert the building into an office, ehop and warehouee facility hae determined it will be necessary to conetruct etepe within the right-of-way in order to utilize the eaet entrance. Thie matter baa been referred to the relevant City department• and there waa no objection to either the continued encroachment of the building or to the encroachment of the propoeed atepe. COUNCILMAN SMITH MOVED TO APPROVE THE ENCROACHMENT RE- QUEST AT 705 WEST DARTK>UTH AVERUE AS OUTLINED IN THE MEMO OF JULY 12, 1979, FROM DOROTHY ROMANS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from C. Wayne Keith, Chief of the Colorado State Patrol to Mayor Taylor request- ing funds to transport 12 members of the Englewood Law Enforce- ment Exploring Poat of Englewood to attend a conference in East Lansing, Michigan. Mr. Mccown asked Chief of Police Robert Holmes _to appear before Council and discuss this request. Chief Holmes introduced Mr. James Dalberg, 2901 W. 19th, Denver, District Executive for the Boy Scouts of America. Chief Holmes stated Mr. Dalberg was appearing on behalf of Mr. Keith. Mr. Dalberg explained his job responsibilities as Dis-I Lrict Executive and the purpose of the Explorer Program, a division of the Boy Scouts. Mr. Dalberg stated the Englewood Police Depart- ment has had an Explorer Program for the last four years. Ten mem- bers of the program who wish to take part in a conference in Michi- gan, July 24-28, 1979, are requesting a donation to help pay trans- portation coats. Mr. Dalberg stated the members have already raised ~1,500 to pay for conference fees. July 16, 1979 Page 8 In response to Councilman Smith's question, Mr. Dalberg stated there were originally 12 members; however, one has decided not to go and the other one is Mike Wood who is having his way paid by the United States Secret Service. Mr. Dalberg stated the airfare is $182.00 per person round trip. In response to Councilman Harper's questions, Mr. Dalberg stated he did not know if the conference would be continued next year. Also, a member usually stays in the program from the age of 14 to 21. Mr. Dalberg stated there were other explorer groups under different vocations some of which are located at the Swedish Medical Center. In response to Councilman Clayton's question, Mr. Dalberg stated this was the only explorer group in Englewood going because it under the law enforcement program. Chief Holmes explained the members are volunteers who perform security duties at special events, such as parades, con- certs, and holiday celebrations in the City throughout the year. Chief Holmes stated the members donate their labor. Chief Holmes asked if Council could not provide assistance for airfare, would they be willing to assist in defraying the costs for gas and meals if Captain Fraizer, himself, and two other officers were to drive the members in a camper/trailer to the conference. COUNCILMAN SMITH MOVED TO APPROVE $1,820 FOR THE ENGLE- WOOD LAW ENFORCEMENT EXPLORING POST TO GO TO THE EXPLORER CONFERENCE TO BE HELD AT MICHIGAN STATE UNIVERSITY, JULY 24 -28, 1979. Coun- cilman Clayton seconded the motion. Councilman Smith stated he was impressed with Chief Holmes's report on the explorer post and felt the group was worth more than what they were asking. Mr. Smith stated he would be in favor of supporting them and providing money to send them to the conference, based on the group's contribution to the City. Councilman Clayton stated he agreed with Councilman Smith; however, he tended to be more conservative. Mr. Clayton asked Chief Holmes if it was a realistic possibility that he and Captain Fraizer drive the group back in the camper/trailer; and how much would it cost. Captain Fraizer appeared before Council and stated the coats would be approximately $900. Councilman Harper spoke against the motion. Mr. Harper stated Council will soon have to consider policy decisions relat- ing to requests coming from various groups. Mr. Harper stated he acknowledged this group as many other groups provide a fine ser- vice for the City and are worthy of the comnunity. Mr. Harper July 16, 1979 Page 9 stated he felt Council could not take on all responsibilities for supporting this type of activity. Captain Frazier stated this particular explorer post has been an exemplary one, singled out by the Denver Area Council of Boy Scouts in the area of law enforcement, law, retail mer- chandising, and aviation. Thia particular post exceeded in abilities and performance above all other law enforcement ex- plorer posts in that group in addition to the other fields of endeavor; and has been viewed by other agencies who are planning to sponsor posts. COUNCILMAN CLAYTON MOVED TO AMEND COUNCILMAN SMITH'S MOTION TO ALLOT $1,250.00. Motion died for lack of a second. Councilman Smith stated he agreed with Councilman Harper that policy decisions have to be made; but he also thought requests have to be considered baaed on their merit. Upon a call of the roll, the vote on Councilman Smith's motion to contribute $1,820.00 to the Explorer Post for trans- yortation coats to a conference resulted as follows: Ayes: Nays: Absent: Council Members Smith, Clayton, Taylor. Council Members Harper, Williams. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:00 p.m. The Council reconvened at 9:15 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williama, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Mayor Taylor announced the water repairs have been made and water would be turned on iDlllediately. * * * * * * July 16, 1979 Page 10 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7 -7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORD. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30 ON FIRST READING AND TO SET A PUBLIC HEARING DATE FOR AUGUST 13, 1979, AT 7:00 P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 31 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE AGE AND RESIDENCY REQUIREMENT OF MEMBERS OF THE CITY COUNCIL. City Attorney Berardini stated the bill reduces the age requirement from 25 to 21; and the residency requirement from three years to one year imnediately prior the election to be qualified to a member of the Englewood City Council. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 31 ON FIRST READING. Councilman Williams seconded the motion. July 16, 1979 Page 11 In response to Councilman Harper's question, City Attorney Berardini stated the bill would bring the Charter in conformity with state law and case law in Colorado. Councilman Smith stated state law recites the age require- ment to be 18 and the residency requirement to 32 days; however, Englewood is a home rule city has the right to modify the require- ments. Upon a call of the roll, the vote to pass Council Bill No. 31 on first reading resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 32 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 32 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Williams, Smith, Taylor. None. The Mayor declared the motion carried. * * * * * * July 16, 1979 Page 12 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 33 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF CITY COUNCIL ALSO BE MEMBERS OF THE PLANNING AND ZONING COMMISSION --THAT MEMBERS OF THE PLANNING AND ZONING CO!fotISSION BE TAX-PAYING ELECTORS --THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMIS- SION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINT- MENT. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33 ON FIRST READING. Councilman Smith seconded the motion. Council diacuaaed the age and residency requirements to be a qualified elector. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT 18 YEARS OF AGE BE CHANGED TO 21 YEARS OF AGE. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Member Clayton. Council Members Williams, Smith, Harper, Taylor. Council Member Mann. The Mayor declared the motion defeated. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY DELET- ING THE FOLLOWING FROM THE TITLE OF THE BILL "THAT SAID MEMBERS OF THE PLANNING AND ZONING COMMISSION BE RESIDENTS OF THE CITY FOR AT LEAST ONE YEAR PRIOR TO APPOINTMENT. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Clayton, Smith, Taylor. Council Members Harper, Williams. July 16, 1979 Page 13 Absent: Council Member Mann. The Mayor declared the motion carried. City Attorney Berardini stated the above amendment re- verts the residency requirement to what it was before, i.e. re- quiring a member of the Planning and Zoning Connnission to be a resident of the City for at least one year prior to the date of the appointment. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS --THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINT- MENT. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34 ON I FIRST READING WITH THE FOLLOWING AMENDMENT -THAT THE LAST LINE OF THE TITLE "THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO APPOINTMENT" BE DELETED. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Harper, Clayton, Smith, Taylor. Council Member Williams. July 16, 1979 Page 14 Absent: Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 35 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD --THAT THE MEMBERS OF THE WATER AND SEWER BOARD BE TAX-PAYING ELECTORS OF THE CITY. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 35 ON FIRST READING WITH THE FOLLOWING AMENDMENT BE ADDED -"THAT SAID MEMBERS BE RESIDENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO AP- POINTMENT". Councilman Clayton seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY ADD- ING THAT THE BOARD SHALL CONSIST OF THE MAYOR AND EIGHT MEMBERS APPOINTED BY COUNCIL. Councilman Smith seconded the motion. Councilman Clayton stated there is a need for a coun- cilman to be a member of the Board because important water issues affecting the City are referred to this agency. Councilman Smith stated it should not make any difference whether the designated councilmember is the Mayor or another coun- ~ilman. Mr. Smith stated he did not understand why a councilmember needed be appointed to the Board because all issues that go before the Board are sent to Council anyway; and Council is the ultimate body that makes the final decision. Mr. Smith stated the proposed bill does not legislate that a Mayor or Councilman can not be a member of the Board; it only says they do not have to be by law. Mayor Taylor stated the purpose of the amendments was to remove elected officials that these coDDlissions and boards have to report to. Mayor Taylor stated at present councilmembers are reporting to themselves. July 16, 1979 Page 15 Councilman Clayton stated appointments to the Water and Sewer Board are important and stressed the need for the ap- pointment of at least one active councilmember to the board as a liaison. Upon a call of the roll, the vote on Councilman Clayton's amendment resulted as follows: Ayes: Nays: Absent: Council Member Clayton. Council Members Harper, Williams, Smith, Taylor. Council Member Mann. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion by Councilman Smith resulted as follows: Ayes: Nays: Absent: Council Members Harper, Smith, Taylor. Council Members Clayton, Williams. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini referred to Council Bill No. 33 relating to the Planning and Zoning Conmission amended to replace the one year residency requirement. Mr. Berardini stated the submission clause in this bill in Section 2 should be changed in the third line from the bottom --a period should be inserted after electors and the rest of the clause striken. City Attorney Berardini stated the same change should be made in Council Bill No. 34, Section 2. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCILMAN CLAYTON July 16, 1979 Page 16 A BILL FOR AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981; APPROVING A MODIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED SEPTEMBER 8, 1978. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 36 ON FIRST READING. Councilman Harper seconded the motion. City Manager Mccown discussed the major points in the contracts with the non-emergency employees, the fire fighters association, and the police benefit association. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 38 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND ENGLEWOOD POLICE BENEFIT ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A MODIFICATION OF THE WAGE PROVISIONS AND THE COLLEGE INCENTIVE PROGRAM CONTAINED IN THE 1976 MEMORANDUM OF UNDERSTANDING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38 ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Harper, Clayton, Williams, Smith, Taylor. July 16, 1979 Page 17 Haya: Absent: None. Council Member Mann. 'ftle Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 37 INTRODUCED BY COUNCILMAN HARPER AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD FIRE- FIGHTERS ASSOCIATION, EFFECTIVE JANUARY 1, 1980 THROUGH DECEMBER 31, 1981, APPROVING A !EDIFICATION OF THE WAGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37 ON FIRST READING. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. 'ftle Mayor declared the motion carried. * * * * * * City Attorney Berardini clarified the question posed earlier by Councilman Clayton concerning the types of license that can be applied for under a special events permit. * * * * * * City Attorney Berardini requested Council's approval that was approved for the non-emergency employees effective July 1, 1979. COUNCILMAN WILLIAMS MOVED TO INCREASE THE SALARIES OF THE CITY ATTORNEY'S OFFICE BY THE SAME DEGREE AS THAT GIVEN TO July 16, 1979 Page 18 OTHER NON-EMERGENCY EMPLOYEES AND EFFECTIVE JULY 1, 1979. Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Councilman Haprer, Smith, Taylor. Clayton, Williams, Nays: None. Absent: Council Member Mann. ~e~~ declared the motion carried. * * * * * * City Manager Mccown transmitted for information purposes, a memorandum from the Director of Public Works to the City Manager in reply to a grade problem in the alley in the 4400 block of South Pearl and South Washington. ~e matter involved Reverend W. W. Brandt and the grade in the alley adjacent to his property. City Manager Mccown stated the City Engineer, Public Works Director, and the Surveyor viewed the problem and decided to modify the alley behind Mr. Brandt's property to allow proper sloping to his parking area as well as proper water drainage. Mr. Mccown stated Reverend Brandt has indicated he was satisified with the outcome. * * * * * * City Manager Mccown presented the Six-Quarter Budget for the period of July, 1979, to December, 1980, and discussed the recomnended changes to be made to the budget. Mr. Mccown stated the changes total $156,000 in 1979 and the City presently has funds in the amount of $114,500. In order to fund all the approved projects and in particular the purchase of land south of the Malley Center for parking, one of the following projects that is currently in the six-quarter budget for 1979 would have to be amended by a reduction of $41,500: Little Dry Creek Clarkson Street Centennial Park RESOLUTION NO. 28 SERIES OF 1979 A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCILMAN SMITH MOVED TO APPROVE THE SIX-QUARTER BUDGET AS SUBMITTED IN CITY MANAGER MCCOWN'S MEMO OF JULY 12, 1979, APPRO- July 16, 1979 Page 19 PRIATING THE $41,500 DEFICIT FROM LITI'LE DRY CREEK FUNDS AND TO PASS RESOLUTION NO. 28, SERIES OF 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Haya: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. '11le Mayor declared the motion carried. RESOLUTION NO. 29 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING THE GENERAL FUND, WATER FUND, SEWER FUND, AND GOLF COURSE BUDGETS. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown stated he received a letter from Mr. Martin Howard Herzog, the new owner of the Ambrose property which includes the Park & Shop parking lot and several build- ings fronting Broadway. Mr. Herzog has asked that the lease on the City-owned lot, coDIDonly called the Park & Shop parking lot, be extended. Mr. Mccown stated by Charter the City is limited to a 20-year lease and the this one made three years ago; therefore, it currently has 17 years to go. Mr. Herzog has requested that Council add another three years to it giving him a total of 20 years. Councilman Smith stated based on the fact that within the last few months, Council has initiated the Downtown Develop- ment Authority and without having a specific recoDIDendation from them, he did not think the lease should be extended. I July 16, 1979 Page 20 COUNCILMAN SMITH MOVED TO SEND A LETTER TO MR. HERZOG IN- DICATING TO HIM THAT UNTIL FUTURE STUDIES FROM THE ENGLEWOOD DOWN- TOWN DEVELOPMENT AUTHORITY AND RECOMMENDATIONS BY CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION ARE RECEIVED, THAT THE LEASE NOT BE EXTENDED AT THIS TIME. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPOINT LARRY STONE AS PER RECOMMENDATION FROM THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY TO FILL THE VACANCY ON THE AUTHORITY AND IN ADDITION TO THE APPOINT- MENT THAT COUNCIL SEND A LETTER TO THE AUTHORITY SUGGESTING THAT IN THE FUTURE AS OPPOSED TO SENDING A FIRST AND SECOND CHOICE THAT COUNCIL RECEIVES A LIST OF ELIGIBLE PEOPLE CONTACTED FOR THOSE POSI- TIONS AND ALSO URGE THEM TO AT LEAST GET SOME REPRESENTATION FROM A VERY WIDE AREA WHICH AT THE CURRENT TIME, THEY HAVE NONE, AS AN EXAMPLE, FROM CINDERELLA CITY. Councilman Clayton seconded the motion. Councilman Smith stated if there are eligible people who want the position, the Authority should submit a list of names and not just a recomnendation list particularly one that has been prior- itized. The reason being is that comnissions who appoint their own replacements become a less diversified group and do not get the exposure they need from other areas. Fred Kaufman, president of the Englewood Downtown Develop- ment Authority, appeared before Council and stated the Authority had aubmitted names from which Council could still choose whomever they wanted to fill the vacancy. Upon a call of the roll, the vote on Councilman Smith's motion resulted aa follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Smith, Taylor. Council Member Williama. Council Member Mann. July 16, 1979 Page 21 The Mayor declared the motion carried. * * * * * * Mayor Taylor a•ked Council to seriously consider the ap- pointment of a Liquor License Hearing Board. Mayor Taylor stated with the lifting of the band of selling liquor at Cinderella City, Council will be belabored with liquor applications hearings which could be very time consuming. In response to Councilman Harper's question, City Attorney Berardini stated the board could be created by ordinance. * * * * * * COUNCILMAN WILLIAMS MOVED TO APPOINT COUNCILMAN DONALD HARPER TO FILL THE VACANCY ON THE DENVER REGIONAL COUNCIL OF GOVERN- MENTS LEFT BY THE RESIGNATION OF DONALD WEBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Harper, Clayton, Williams, Smith, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Councilman Smith stated it has been brought to his attention some citizens are worried that the earnings of any one who applies for reimbursement for frozen water lines might be published in the paper or might be made public in some way. Mr. Smith recomnended that the City should publicize that the applicant's earnings are not for publication or public record. Mr. Smith •tated tne reimbursement amounts are public record but their earnings should not be publicized. Mr. Smith re- quested the notice be published before the end of the month. There was no objection to Councilman Smith's re- quest. * * * * * * Councilman Smith asked Council to pay particular attention to the revenue sharing program which is under attack and expires in 1980. Mr. Smith urged Council to take a position July 16, 1979 Page 22 to support the program in conjunction with the Colorado Municipal League. Mr. Smith stated .the ·City receives approximately $700,000 a year in revenue sharing funds. Mayor Taylor stated people should write to their congress- men and senators to encourage the continuation of revenue sharing funds. Mayor Taylor stated it is important that revenue sharing continue with the climate of the economy shaping up as it is. If if the City lost $700,000 from revenue sharing funds, it would have to dip into the General and Public Improvement Funds. * * * * * * Councilman Smith ref erred to the Englewood Downtown De- velopment Authority minutes of June 29, 1979. Mr. Smith noted there was nothing about a development of basic guidelines for the downtown area prior to contacting developers. Mr. Smith stated he would like to aee basic guidelines developed before short- ~ange, medium-range, or long-range plans are dis~ussed. * * * * * * City Manafer Mccown reported the water main repairs have been made and the p ant is operating. Mr. Mccown stated the Police Chief and the Director of Public Works suggest the operation be monitored until midnight before announcing that businesses can be opened tomorrow. Mr. Mccown stated irrigation will still be re- stricted until Wednesday. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10:58 p.m.