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HomeMy WebLinkAbout1979-08-06 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 6, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 6, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Keith Merriman, Ennanuel United Methodist Church, 2700 South Downing. The Pledge of Allegiance was led by Mayor James L. Taylor. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Connunity Development Wanush Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE RE- GULAR MEETING OF JULY 16, 1979, AS SUBMITTED. Councilman Mann sec- onded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * August 6, 1979 Page 2 COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 23, 1979, AS SUBMITTED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO BRING FORWARD A PORTION OF AGENDA ITEMS UNDER COUNCILMEMBER'S CHOICE. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS NOMINATED OLIVER GISEBURT TO FILL THE VACANCY IN COUNCIL DISTRICT II. Councilman Clayton seconded the nomination. A discussion ensued relating to the appointment and whether or not further considration should be given to the other people who have expressed an interest in the vacancy. It was noted that Mr. Giseburt stated in his letter that even though he was interested in the vacancy, he would not run for Council this fall. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Harper, Clayton, Taylor. Council Members Smith, Mann. The Mayor declared the motion carried and stated Oliver Giseburt had been appointed to fill the interim term of Donald Weber. August 6, 1979 Page 3 City Attorney Berardini stated Mr. Giseburt would have to qualify and take his oath at the next regular Council meeting on August 20, 1979. RESOLUTION NO. 30 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A SPECIAL MUNICIPAL RECALL EELCTION TO BE HELD ON TUESDAY, SEPTEMBER 18, 1979. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 30, SERIES OF 1979. Councilman Clayton seconded the motion. Councilman Smith spoke against the resolution. Mr. Smith stated the resolution onlr, sets a special election and that the City was getting "recall happy'. Mr. Smith queried why Mr. Harper ran unopposed at the last election when people seem to be interested in his seat now. Mr. Smith stated he felt the special election was un- necessary and citizens could express their disagreements with their councilmen in other ways. Councilman Clayton stated he agreed with Councilman SMith. Mr. Clayton stated such action is an abuse of the provision of re- call. Councilman Williams stated he strongly opposed the re- solution. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Member Williams. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO RESUME TO THE ORIGINAL AGENDA. I Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. August 6, 1979 Page 4 The Mayor declared the motion carried. * * * * * * Mr. Harry J. Atwell, attorney, and Mr. Robert Mcintyre, President of Old Town Liquors, 325 East Jefferson Avenue, were pre- sent. Mr. Atwell apologized for failing to attend the last regular Council meeting on July 16, 1979. Mr. Atwell stated it was during the time of the water main break crisis and he had assumed Council would not meet. Mr. Atwell stated he was representing Mr. Robert Mcintyre of Old Town Liquors in a request for a retail liquor license due to a change in ownership. COUNCILMAN WILLIAMS MOVED TO APPROVE THE TRANSFER OF A LIQUOR LICENSE FROM OLD TOWN LIQUORS AT 325 EAST JEFFERSON AVENUE TO OLD TOWN LIQUORS, INC., DUE TO A CHANGE IN OWNERSHIP. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Mr. Edward L. Shearn, Jr., 3361 South Corona, was pre- sent. Mr. Shearn stated he recently purchased McGinty's Tig at 3370 South Acoma Street and requested Council's approval for a liquor license for his new business. Mr. Shearn stated the name of the establishment will change to Eddie's Off Broadway. COUNCILMAN MANN MOVED TO ALLOW THE CHANGE OF OWNERSHIP FOR A LIQUOR LICENSE FROM EDWARD AND COLEEN MCGINTY TO EDWARD L. SHEARN D/B/A EDDIE'S OFF BROADWAY. Councilman Williams seconded the motion. Councilman Smith asked Mr. Shearn if the issuance of the license was baaed upon the purchase. Mr. Shearn stated that it was. Upon a call of the roll, the vote resulted .as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. August 6, 1979 Page 5 Nays: None. The Mayor declared the motion carried. * * * * * * Mr. C. A. Brown, 2743 South Acoma Street, was present. Mr. Brown discussed some of the regulations in the building code and the circ\Dllstances evolving from some of the inspections that have been made at the new shoppette in the 3900 block of South Broadway, Spruce Tree Shops.· Mr. Brown stated Southworth Corporation con- tracted with Pennel Corporation to construct the building at the location. Representatives from both corporations presented their plans to the City a building permit was issued to them and con- struction proceeded thereafter. Mr. Brown discussed the problems that arose during the construction when the structure underwent inspection by the City's Building Inspector and the stpes the builder had to go through in order to copmly with building re- gulations resulting in delays and loss of money. Mr. Brown also discussed the problem with installing the sign for his business. Mr. Borwn stated he had discussed these problems with the City Manager and asked Council what could be done about them. Mr. Brown then answered various questions from Council relating to the problems he discussed; in particular, the instal- lation of the sign for his business. In response to Councilman Mann's question, City Manager Mccown stated he had no knowledge of Mr. Brown's complaints. Mr. Mccown offered to investigate the matter and prepare a report for the next Council meeting. Councilman Clayton requested that the report detail the problem with the sign situation. Councilman Smith requested that Mr. Brown attend the next regular Council meeting on August 20, 1979, to hear the re- port. Councilman Clayton requested that Mr. Brown personally receive a copy of Mr. McCown's report as well. * * * * * * Mrs. Audrey Scott, 2926 South Galapago Street, was pre- sent. Mrs. Scott presented correspondence between herself and the City Manager on the subject of reimbursement of water lines costs. The letters stated Mrs. Scott's refusal to reveal her income in order to receive reimbursement from the City on the basis that she I August 6, 1979 Page 6 felt it was discriminatory and an invasion of her privacy and the City Managr's reply that she must divulge her income in order to comply under the reimbursement guidelines. Mrs. Scott provided copies of these letters to Council. * * * * * * Mayor Taylor asked if there were any other visitors wishing to be heard at this time. No one responded. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A REQUEST FOR A BEER, WINE, AND LIQUOR SPECIAL EVENTS PER- MIT FOR SOUTH SUBURBAN COMMUNITY ARTS SYMPHONY FOR AUGUST 25, 1979, IN CINDERELLA CITY BLUE MALL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Deputy City Clerk Johannisson appeared before Council and was sworn in. Mr. Johannisson presented the subject file for the City and stated it was in order and complete. Ms. Elaine Good, representative from Comnunity Arts Symphony, appeared before Council and was sworn in. Ms. Good requested Council's approval for the special events permit and distributed the calendar of events the organization has planned for the week of August 20, -25, 1979, in Englewood, climaxing with the Pops Concert for Saturday, August 25, 1979. Mayor Taylor asked if anyone else wished to speak in favor of the permit. Mr. Terry Schmidt, 6931 South Spotswood, Littleton, appeared before Council and was sworn in. Mr. Schmidt stated he has been chosen as Chairman of the program. Mr. Schmidt stated he believed it was proper to serve refreshments at the final event and the profits would go to the Symphony. Mayor Taylor asked if there was anyone else who would like to speak in favor of the permit. No one responded. Mayor Taylor asked if there was anyone who would like to speak against the permit. No one responded. August 6, 1979 Page 7 COUNCILMAN HARPER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE SPECIAL EVENTS PERMIT TO THE SOUTH SUBURBAN COMMUNITY ARTS SYMPHONY FOR AUGUST 25, 1979, FROM 7:00 P.M. TO 12 MIDNIGHT IN THE CINDERELLA CITY BLUE MALL. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * "Conmunications -No Action Reconnnended" on the agenda were received: (a) Minutes of the Board of Adjustment and appeals meetings of May 9, and June 13, 1979. (b) Minutes of the Planning and Zoning Connnission meeting of June 19, 1979. (c) Minutes of the Housing Authority meeting of June 27, 1979. (d) Minutes of the Denver Regional Council of Governments meeting of June 27, 1979. (e) (f) (g) Minutes of the Public Library Board meeting of July 10, 1979. Minutes of the Animal Control Conmittee meet- ings of July 23, and July 30, 1979. Minutes of the Englewood Downtown Development Authority meeting of July 25, 1979. August 6, 1979 Page 8 ~) Memorandwn from the Director of Libraries to the City Manager concerning her trip to the American Library Association Annual Conference in Dallas, Texas, June 23 -29, 1979. (i) Memorandwn from the Court Administrator to the Mayor and Members of Council concerning her trip to the National Association of Court Administration Conference held in Sarasota, Florida, July 9 -13, 1979. * * * * * * Mayor Taylor declared a recess at 8:43 p.m. The Council reconvened at 9:02 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorwn present. * * * * * * Director of CoD111Unity Development Richard Wanush presented the 1979 Comprehensive Plan and discussed its preparation, content, and purpose. Mr. Eddie Tanguma, 1020 West Tufts Avenue, appeared before Council. Mr. Tangwna stated as Chairman of the Planning and Zoning Cot11Dission he wanted to personally thank those people to participated in the compilation of the 1979 Comprehensive Plan. Director Wanush requested Council to review the Plan set up a study session with the Planning and Zoning Conmission discuss any questions they mifht have. Director Wanush stated Plan would be adopted by reso ution at a later date and should cil desire so, a public hearing could be held. COUNCILMAN SMITH MOVED TO SET UP A JOINT MEETING WITH THE PLANNING AND ZONING COMMISSION TO REVIEW THE COMPREHENSIVE PLAN AS SUBMITTED. Councilman Mann seconded the motion. Council discussed the timing involved in meeting with the Planning and Zoning Co11111ission and decided to leave the ar- rangements up to staff. and to the Coun- Upon a call of the roll, the vote resulted as follows: August 6, 1979 Page 9 Ayes: Nays: The Mayor Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. declared the motion carried. * * * * * * Director of CoD111Unity Development Wanush presented the Final Plat of the Centennial South Subdivision, Case #14-79. Di- rector Wanush stated the Planning and Zoning Commission held a public hearing on June 19, 1979 and approved the Final Plat on July 17, 1979. The plat was now being submitted to Council for final approval. Director Wanush discussed the plat's location, land division, its zoning, potential housing development, and required street dedicationa. Director Wanush stated the plat has received pertinent departmental approvals. Director Wanush stated the applicant was in attendance should Council have any queationa. Councilman Clayton atated he understood that the plat was next to Centennial Park and he recalled problems wherein people have come back to Council after approving a land develop- ment complaining about thing• that happen around parks. Mr. Clayton suggested that aome atatement be included so that the owner• and future occupant• could read and understand that the situation exiats. Mr. Clayton atated he could foresee complaints about the light• on the aoftball field and softballs. Councilman Smith atated Council was approving the plat of the land into building aitea for which it was already zoned. Mr. Smith atated the develop•r• should make an effort to be aware of any problema aurrounding the area; and that it was not Council's job to regulate what waa done only to see that the land was zoned and platted properly. Councilman Clayton asked if there were any objections to this plat at the Planning and Zoning Conmission hearing. Coun- cilmen Smith and William• who are members of the Commission in- dicated there were none. Director Wanuah stated there were some concerns on the drainage and traffic and these were resolved by the Public Works Department. COUNCILMAN SMITH MOVED TO APPROVE THE PLAT IN CASE #14- 79. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: I I August 6, 1979 Page 10 Ayes: Nays: The Mayor Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. declared the motion carried. * * * * * * Director of Co11111Unity Development Wanush presented a recomnendation from the Planning and Zoning Comnission meeting of July 17, 1979, concerning the vacation of a right-of-way in the 3200 block of South Clarkson Street. The Planning Commission re- comnended that the excess right-of-way on the west side of the 3200 block South Clarkson Street be vacated, and that an ease- ment be retained to provide access to utility service lines. COUNCILMAN CLAYTON MOVED THAT AN ORDINANCE BE PREPARED BY THE CITY ATTORNEY FOR THE VACATION OF A RIGHT-OF-WAY ON THE WEST SIDE OF THE 3200 BLOCK OF SOUTH CLARKSON STREET AS DESCRIB- ED IN THE REQUEST FROM THE CITY'S PLANNING AND ZONING COMMISSION. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from the Execu- tive Director of the Downtown Development Authority concerning the Authority's budget. James T. Keller, II, Director of the Downtown Develop- ment Authority was present, appeared before Council, and answered various questions posed by Council relating to the budget. COUNCILMAN MANN MOVED TO ACCEPT THE BUDGET FOR THE DOWN- TOWN DEVELOPMENT AUTHORITY AND TO ACCEPT THE EMPLOYMENT OF JAMES T. KELLER, II, AS THE EXECUTIVE DIRECTOR FOR THE DOWNTOWN DEVELOP- MENT AUTHORITY. Councilman Smith seconded the motion. Council discussed whether or not they should approve the employment contract for the position of Director of the Engle- wood Downtown Development Authority. Councilman Mann thought Coun- cil needed only to accept the appointment of Mr. Keller because August 6, 1979 Page 11 the Authority had already accepted the contract and conditions under which Mr. Keller will work. A short discussion ensued relating to the Authority's power to employ an executive director, write the contract, and function under a budget without Council's approval. City Attorney Berardini stated Council could approve the compensation for Mr. Keller and the budget for the Authority but could not affect the right of the Authority to write an em- ployment contract for an executive director. Upon a call of the roll, the vote on Councilman Mann's motion to approve the Downtown Development Authority's budget and the employment of Mr. Keller resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 29 SERIES OF 1979 * * * * * * BY AUTHORITY 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. COUNCILMAN HAREPR MOVED TO PASS COUNCIL BILL NO. 31, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Councilman Williams expressed his reasons why he thought the ordinance was contradictory on the terms which qualify a per- son to be a qualified elector and those which qualify a person to be eligible to be a council member. City Attorney Berardini stated the requirements make it more stringent to become a council member rather than just meeting the requirement of being a qualified elector. Mr. Berardini noted that the proposed requirement is not as strict as it is presently contained in the Charter. I August 6, 1979 Page 12 Councilman Williams stated the candidate not only has to be a qualified elector but also a resident of the City of 12 months to be on the Council. If the candidate has to be a quali- fied elector (a resident of the precinct for 32 days), why not a candidate for Council after 32 days. Councilman Smith noted that a possible candidate could be a resident of the City for one year and not have lived in his precinct for 32 daya thereby disqualifying a person to run for Council. City Attorney Berardini agreed with Councilman Smith's co11111ent. Councilman Williama stated he understood that the ordi- nance was qualifying a person to be a council member. Upon a call of the roll, the vote on Councilman Harper's motion to pass Council Bill No. 31 on final reading, resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Member Williams. The Mayor declared the motion carried. ORDINANCE NO. 30 SERIES OF 1979 * * * * * * BY AUTHORITY 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 ENGLEWOD REK>VING THE REQUIREMENT THAT A MEMBER OF CITY COUNCIL BE ON THE LIBRARY BOARD. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 32, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. August 6, 1979 Page 13 Nays: None. The Mayor declared the motion carried. ORDINANCE NO. 31 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 33 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE SUBMITl'ING 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 COMMISSION BE TAX-PAYING ELECTORS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 33, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY Atn'HORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITl'ING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON I 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. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. City Attorney Berardini answered questions posed by Councilman Mann concerning the removal of the requirement that August 6, 1979 Page 14 members of the board be tax-paying electors. Mr. Berardini de- fined tax-paying elector and affirmed Mr. Mann's statement that people who rent property could be appointed to the Board of Ad- justment and Appeals. Councilman Clayton spoke against the bill because he thought people appointed to the Board should have a real estate interest in the co11111Unity. Councilman Williams spoke against the bill because he felt it was contradictory when the term "qualified electors" was used. COUNCILMAN MANN MOVED TO POSTPONE THE BILL UNTIL THE NEXT COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Clayton, Mann, Taylor. Council Members Smith, Harper. '11'le Mayor declared the motion carried. ORDINANCE NO. 32 SERIES OF 1979 * * * * * * BY AlTl'HORITY COUNCIL BILL NO. 35 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITI'ING 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 REQUIRING MEMBERS TO BE QUALIFIED ELECTORS AND RESI- DENTS OF THE CITY AT LEAST ONE YEAR PRIOR TO DATE OF THEIR APPOINT- MENT; AND REMOVING THE FOLLOWING REQUIREMENT: THAT THE MAYOR AND TWO COUNCILMEN BE MEMBERS OF THE WATER AND SEWER BOARD. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 35, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Councilman Clayton spoke against the bill on basis that the Board's decisions are too important to be without members of Council on it. Mr. Clayton stated there should be Council members on the Board to act as a liaison with Council. August 6, 1979 Page 15 Mayor Taylor stated the Water Board was not a policy- making board only advisory and the final decisions were made by the Council anyway. Councilman Harper stated the Council has the option to appoint a Council member to the Board if it so desires. Councilman Clayton reiterated his concerns that a Council member remain on the Board. Councilman Williams stated the bill reflects the same contradictions in requiring the member to be a quali- fied elector but yet a resident of the City for one year as he had pointed out before. Upon a call of the roll, the vote on Councilman Smith's motion to pass Council Bill No. 35 on final reading, resulted as follows: Ayes: Nays: Council Members Smith, Harper, Mann, Taylor. Council Members Williama, Clayton. '11le Mayor declared the motion carried. ORDINANCE NO. 33 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 36 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING A COLLECTIVE BARGAINING AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EM- PLOYEES 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, SERIES OF 1979 ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. August 6, 1979 Page 16 The Mayor declared the motion carried. ORDINANCE NO. 34 SERIES OF 1979 * * * * * * BY AtmlORITY 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 MODIFICATION OF THE WGE PROVISIONS CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT DATED JULY 8, 1975. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 37, SERIES OF 1979 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. ORDINANCE NO. 35 SERIES OF 1979 * * * * * * BY AtmlORITY 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 UNDER- STANDING. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 38, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. August 6, 1979 Page 17 Nays: None. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORAOO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1979 ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORAOO PIZZA COR- PORATION, OOING BUSINESS AS MR. GATTl'S, FOR A RETAIL 3.2% BE- VERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. Councilman Smith asked if the background material on the executors of the estate of one of the stockholders had been submitted yet. City Attorney Berardini stated that the information had not been received. COUNCILMAN SMITH MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: I August 6, 1979 Page 18 Ayes: Nays: The Mayor Council Council declared * * Members Smith, Clayton, Taylor. Members Williams, Harper, Mann. the motion defeated. * * * * COUNCILMAN HANN MOVED TO PASS THE RESOLUTION UNDER THE CONDITION THAT THE CITY STAFF RECEIVES THE INFORMATION REFERRED TO BY COUNCILMAN SMITH AND PRESENTS THE INFORMATION BEFORE COUN- CIL IN A STUDY SESSION TO SEE IF IT IS PERTINENT TOWARDS THE RE- SOLUTION AND IF IT IS IN THE NEGATIVE FORM THEN IT CAN BE RECON- SIDERED AND THE RESOLUTION CAN BE BROUGHT BACK BEFORE COUNCIL. Councilman Williama seconded the motion. Councilman Williams stated he could not understand the importance of getting information on the estate of one of the stockholders, John Mercherson. The estate is worth several mil- lion dollars. Councilman Smith stated the applicant is required by state law to provide background information on all people who will hold the liquor license. City Attorney Berardini stated Council had time to wait until the next regular Council meeting, August 20, 1979, to take action on the resolution and wait for the information to be sub- mitted. Councilman Mann withdrew his motion. Councilman Williams withdrew the second to the motion after stating he disagreed that information on the executors needed to be submitted. Upon a call of the roll, the vote on Councilman Smith's motion to postpone consideration of the resolution until the next regular Council meeting resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 31 SERIES OF 1979 * * * * * * August 6, 1979 Page 19 A RESOLUTION APPROVING THE APPLICATION OF JACK FIELD, INC. FOR A HOTEL AND RESTAURANT LICENSE TO BE LOCATED AT 701 WEST HAMPDEN AVENUE IN CINDERELLA CITY, ENGLEWOOD, COLORADO. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 31, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS THE PROCLAMATION DECLAR- ING LEO LENTSCH AS INTERNATIONAL PRESIDENT OF THE FRATERNAL ORDER OF EAGLES FOR THE NATIONAL CONVENTION IN KANSAS CITY, MISSOURI, IN AUGUST, 1979. Councilman Mann seconded the motion. Councilman Clayton stated he had attended the conven- tion and presented the proclamation to Mr. Lentsch. Councilman Clayton spoke of the contributions that are made by the fraternity order. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Mayor Taylor stated it was a great honor for the City of Englewood to have one of ita businessmen bestowed with the office of International President and to have Councilman Clayton take his own time to go to Kansas City to present Mr. Lentsch with the pro- clamation. MAYOR TAYLOR MOVED THAT THE CITY REIMBURSE COUNCILMAN CLAYTON $104 FOR HIS PLANE FARE TO KANSAS CITY AND BACK FOR THE NATIONAL-INTERNATIONAL EAGLES CONVENTION. Councilman Williams seconded the motion. Councilman Harper stated in his opinion this was not City business; and it was a very poor policy for the City even though he had nothing against Councilman Clayton and Mr. Lentsch. August 6, 1979 Page 20 Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Council Members Williams, Smith, Mann, Taylor. Nays: Council Member Harper. Abstain: Council Member Clayton. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandtUD from the Director of Co11111Unity Development concerning an out-of-state trip for the Assistant Director of Co11111Unity Development - Housing to Diamark, North Dakota. Mr. Mccown stated funds have been budgeted but approval is required because the trip will be out-of-state. COUNCILMAN CLAYTON MOVED TO GRANT THE REQUEST FOR THE OUT-OF-STATE TRIP. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager Mccown distributed the agenda for the next Downtown Development Authority meeting, Wednesday, August 8, 1979, at 12 o'clock noon, to be held in their office. * * * * * * City Manager Mccown stated in regards to the appearance of Mr. C. A. Brown earlier in the meeting. Mr. Mccown stated in order to clarify any confusion, Mr. Curnes informed him that he was the one with whom Mr. Brown had had conversations. Mr. Brown may have been confused in thinking that he had talked to him rather than Mr. Curnes. * * * * * * Councilman Smith asked when discussions would take place regarding cable television. August 6, 1979 Page 21 City Manager Mccown stated sometime during the first week of September, Council would be meeting with a representative of the national cable firm to review the ordinances, the requested amend- ments, and coDlllent on the plan at that time. * * * * * * Mayor Taylor announced there would be a public hearing next Monday night, August 13, 1979. * * * * * * Mayor Taylor adjourned the meeting without a vote at 10:30 p.m.