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HomeMy WebLinkAbout1979-09-04 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 4, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 4, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was fiven by Councilman Donald Smith. The Pledge of Allegiance was ed by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * An informal dedication was given of the new Council/ Court Chambers. Mr. Kelly Oliver, Oliver and Hellgren, the archi- tectural firm responaible for the remodeling design appeared be- fore Council and discussed particular features that were in the project, i.e. electronic voting system, four-track recording sys- tem and the low brightness lighting. Mayor Taylor announced that a formal dedication of the facility would take place some time before October of this year. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: September 4, 1979 Page 2 Ayes: Nays: Absent: The Mayor Council Harper, None. Council declared * Members Williams, Giseburt, Smith, Clayton, Taylor. Member Mann. the motion carried. * * * * * Ms. Mary Joan Chik, 3110 South Delaware, was present. Ms. Chik stated she was representing St. Louis Church, Home and School, 3301/3310 South Sherman Street in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual fund raising program on October 21, 1979. COUNCILMAN SMITH MOVED THAT A PUBLIC HEARING BE SET FOR SEPTEMBER 17, 1979, AT 7:30 P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Don Seymour, 4750 South Lipan, was present in the absence of Doug Sovern and Paul Newport. Mr. Seymour stated he was representing the Englewood Volunteer Fire Department in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual Firemen's Ball on September 22, 1979 in the Blue Mall at Cin- derella City. COUNCILMAN CLAYTON t«>VED TO SET A PUBLIC HEARING ON SEPTEMBER 17, 1979, AT 7:45 P.M. Councilman Giseburt seconded the motion. U)on a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. I I I September 4, 1979 Page 3 Nays: Absent: The Mayor None. Council declared * * Member Mann. the motion carried. * * * * Director of Engineering Services Gary Diede was present and discussed the award of construction contracts for Paving Dist- rict No. 26 (South); for Sidewalk Improvement Project 1979; and for Seal Coat Project 1979. COUNCILMAN CLAYTON !l>VED THAT COUNCIL ACCEPT THE PETER KIEWIT SONS, COMPANY, BID OF $87,956.50 ON PAVING DISTRICT #26 OF SOUTH ZUNI (DARTK>UTH AVENUE TO FLOYD AVENUE) AND THAT THE FUNDS BE DERIVED FROM THE $50,000 PRESENTLY IN THE PUBLIC IM- PROVEMENT BUDGET AND $19,000 FROM THE PUBLIC IMPROVEMENT BUD- GET ITEM OF CLARKSON STREET CONSTRUCTION MAKING THE TOTAL OF $69,000. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT 1979 TO J & N CON- CRETE IN THE AMOUNT OF $23,773.86. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. • COUNCILMAN CLAYTON MOVED THAT ON THE SEALCOAT PROGRAM FOR THE CITY OF ENGLEWOOD FOR THE YEAR 1979 THAT COUNCIL ACCEPT THE BID AS SUBMITTED BY THE A-1 PAVING COMPANY, INCORPORATED FOR September 4, 1979 Page 4 $35,000 LESS THE DEDUCTS OF $5,850 FOR A TOTAL OF $29,250. Coun- cilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council at this time. The following is a verbatim transcript of the appearance of Mr. William Mason who requested to speak to Council concerning the investment management of the City's three pension boards' funds: PAT MILES: Mr. Mayor and Members of the Council, I'm Pat Miles. I'm an attorney with the law firm of Criswell and Patterson at 3780 South Broadway here in Englewood. I'm appearing this even- ing for the purpose of introducing two gentle- men who would like to address the Council. I believe members of Council had received perhaps a letter from Mr. William Mason. Mr. Mason would like to address Council this evening. In addition to Mr. Mason and along with Mr. Mason is Mr. Allen Gordon who would request permission to address Council and both gentlemen have indicated their request is to bring to the Council's attention cer- tain concerns they have in reference to the City's retirement fund. By way of mere in- troduction, Mr. Mason is president of William Mason & Company of Woodland Hills, California, and this is the company that has managed the City's pension funds for approximately the last four years. I think specifically the employee retirement fund and the firemen's retirement fund since 1974 and more recently the policemen's pension fund since August of 1978. As I indicated Mr. Mason is president of that company. I would indicate to you the Council that the agreement between the City and Mr. Mason's firm terminated August 22nd of September 4, 1979 Page 5 MAYOR TAYLOR: this year, last week, and Mr. Mason would like to indicate certain concerns that he has over the present status of that fund. Mr. Allen Gordon is an attorney from Los Angeles who specializes in security laws and specifically in the federal investment advisor's act and by way of background Mr. Gr;4don has been chief counsel for the Securities Exchan~e Commis- sion dealing specifically with the invest- ment advisor's act and the investment coun- sel act. He has been in private practice in Los Angeles dealing specifically in this area for the past 10 years. It's not necessary to have an attorney appear to introduce the gentle- men to Council; but I merely want to indicate my only purpose in being here is to introduce the members to Council and indicate that Mr. Mason came to our firm because of an inability for his firm and for himself on prior occasions to meet with the retirement board. On several occasions during the last month, he has made effort to arrange a meeting and one of those meetings have been forthcoming. He contacted our off ice merely to request assistance in get- ting this matter before Council or his concerns before Council. I did have occasion to meet with both Mr. Mason and Mr. Gordon late this afternoon. Mr. Gordon has indicated to me that he has certin concerns from a legal standpoint that he would like to bring to Council's atten- tion. I am going to defer any remarks with re- ference to his legal concerns to his expertise. I would, however, indicate that I do share some of his concerns and I think they are matters that Council should be made aware of. With that I would turn over the podium to Mr. Mason if, Mr. Mayor, that is all right. Mr. Miles, before you do. The Council dis- cussed your letter and your mail-o-grams in our study session this afternoon and it's the, under our City Charter, the Council is not responsible or have jurisdiction over the police and fire pension boards. There is a connection of some sort with the City Council and the non-emergency employees pension board and to explain that in terms that are more familiar to law and to legal understanding, I'm going to defer to our City Attorney who is the attorney for both or all three of our September 4, 1979 Page 6 PAT MILES: MAYOR TAYLOR: CITY ATTORNEY BERARDINI: PAT MILES: boards. When Mr. George Olson called, I be- lieve his first name is George, Olson called me the other day. Is he your Denver repre- sentative? Yes, he is the Denver representative. ' I told him at the time, well, actually, to be honest, he called around Tuesday, and I didn't get back to him until Thursday, and it was too late to get him on the scheduled visitors for the agenda, but I told him it is the practice of this Council, although we're not obligated to under the Charter to ask for additional visitors, we always do because we would like to be as democratic as we possibly can. With that understanding, we will hear Mr. Mason but before we do I'd like Mr. Berardini, our attorney, to fill you in on how this Council and the pension boards operate. Mr. Miles, I think briefly stated, the Coun- cil wonders why the correspondence was ad- dressed to it when the boards themselves are independent boards that are charged by statute and by ordinance given the full responsibility and authority to invest the funds at their dis- cretion and under the authority granted by the Colorado State Statutes, and perhaps you could address this or perhaps Mr. Mason or Mr. Gordon could, what relief you are requesting if any from the City Council? We don't feel that the Council, of course, has any jurisdiction to substitute its judgement for that of the board, the various boards of trustees of the various pension funds. I do note that under the public employement retirement fund, the Council may replace a trustee under the City Code if it so chooses by amendment to the ordinance, but, I think the main question here is what are your clients seeking to do and what relief are they seeking from Council, if any? Let me try to address those one at a time. Why are we here tonight? I think I can best state to Council that as early as Aufust 7th of this year at which time Mr. Mason s firm was resonsible for management of the pension funds and he met with representatives of the September 4, 1979 Page 7 MAYOR TAYLOR: COUNCILMAN CLAYTON: MAYOR TAYLOR: PAT MILES: MAYOR TAYLOR: WILLIAM MASON: MAYOR TAYLOR: City and at that time it was indicated to him that consideration was undertaken that the pension policy or administration of the pension funds was being changed. He requested to meet with the pension board and that meeting was tentatively or to be arranged for the week fol- lowing August 7th. They were never able to ar- range it. They again tried to arrange a meet- ing the subsequent week. That was never fol- lowed through. A meeting was scheduled on August 22nd of 1979. Mr. Mason and his firm were ad- vised prior to that meeting that it was being canceled. It's our understanding that the meet- ing did take place. One of the concerns of the company is that they have had no forum to come before. They've not been able to meet with the pension board to discuss the concerns that they have with reference to the fund. As to the relief that they are seeking here before Council, specifically none. They want a little bit of your time to listen to their concerns so that it is out in the open and someone has listened to their concerns. I don't think that the Council necessarily has the power to take affirmative action, but I think the Council does have the power to listen to the concerns that the gentlemen have. Do I hear any objection from Council? Your honor, I have no objection. I think that our record of this proceeding -I would request show the remarks of the City Attorney, though. Certainly, Mr. Miles, you client may speak. I wanted to be sure that everyone understood where the City Council stands on this before you do because the City Council can not change what the pension boards have done. Thank you. So you may bring your client up if you wish. Thank you. First I wish to thank the Mayor and City Council and City Manager Would you please give us your name and address? Everything you say is on tape, you know, th ~r. is like Watergate. September 4, 1979 Page 8 COUNCILMAN SMITH: MAYOR TAYLOR: WILLIAM MASON: But there's no blanks. There's no blanks involved. My name is William Mason. I'm president of William Mason and Company, Woodland Hills, California. Having had the opportunity to speak to the boards, I would not be here to- night. So I do wish to thank you for the op- portunity to speak. I'm not here because I feel I have any vested right to manage the funds of the City. Clearly, I do not. I am here because I am absolutely appauled at the way the decision to terminate are serious at which arrived at and the current lack of con- sideration of the implications of liquidating all the securities held in the portfolios of these plans. We have been investment counsel to the firemen's pension plan and the City's employment pension plan since 1974 and to the policemen's pension plan since August of this year. During this period, there were no com- plaints about investment results made to us, or fees, or other significant matters. For weeks, we've been attempting to arrange a meet- ing with the boards through the office of the director of finance whom I understand left the City's employment last Friday. We were con- tinually put off. We were told that three suc- cessive meetings were scheduled and that they were then canceled. Finally, we were told that a meeting was arranged for August 22nd. Then we were told it was re-scheduled for September 5th. This canceled meeting was held on August 27th that's August 22nd at which time our ser- vices were terminated. And it is our under- standing the one-year old firm, one-year old firm of R. M. Leary and Company was retained. I repeat we have no vested right to manage the City's pension funds. The boards have the right to fire us. But if I were a board mem- ber I would be very concerned about why Bill Mason was not allowed to speak. Was it just bad manners or was someone afraid of what I would say? We have been managers of these plans for five years. I have been in the in- vestment business for almost 20 years. Not as a customer's man for a brokerage firm. Not as a mutual fund salesman. But an in- vestment analysis and investment manager. September 4, 1979 Page 9 I would think it would be understood that my views were of some value. Conmon sense would suggest that before they bought an in- vested program from someone who had an eco- nomic interest .in selling it to them that they would at least listen to the other side. Now, as I said, ·I was not at the August 22nd meeting so I do not know exactly what happened. But, it is my understanding that at that meet- ing, a new set of investment guidelines were adopted and the firm of R. M. Leary and Com- pany was engaged to manage the pension assets. I find it particularly ironic that at that meet- ing, that meeting that I was refused attendance, the following · guideline was accepted. I quote, "it is the desire of the pension board to meet quarterly in person with the investment manager responsible for this account to review the fol- lowing" and then there's a whole list of legi- timate investment concerns. That's all I de- sired, an opportunity to meet with the boards. Had I been given the opportunity to speak, I would have raised the following points. First, as a result of the actions taken on August 22nd a first rate set of investment guidelines brought up earlier this year by Mr. James and by Mr. Johannisson, guidelines which contain substantial and specific investment safeguards would have to be abandon. A mutual fund switch- ing program such as R. M. Leary and Company specializes in would probably violate these guidelines. My second concern, the second point I would raise was that you were hiring an investment advisor who had been in business for barely one year. Who had little actual experi- ence managing investments and had an invest- ment performance record which was largely hypo- thetical. Furthermore, it involved the use of load mutual funds, an investment vehicle that is so discredited that it has been equated by one well-known writer as "throwing money out the window". Third, I would stand by the cost estimates which I made in my letters to the City Council. Both the substantial one-time cost and the double management fees that would continue. I would also like to point out that your guidelines call for your investment ad- visor to carry fiduciary liability insurance. Does he? Has anyone seen the policy? Has the City Attorney reviewed it? Only three com- September 4, 1979 Page 10 MAYOR TAYLOR: ALLEN GORDON: MAYOR TAYLOR: ALLEN GORDON: panies write such coverage, only three com- panies in the insurance industry in this coun- try. Two of them began writing it this year. One only writes for members of the Investment Counsel Association of America of which there are 80 members, 80 members out of 5,000 invest- ment advisors. One of the terms of the con- tract is that if you cease to become an in- vestment, a member of the investment counsel association, you policy automatically lapses. Finally, a mutual fund switching program such as that offered by R. M. Leary and Company could well violate the new guidelines. Few nutual funds will place pointless restrictions on the investment policy the new guidelines call for. For instance, your new guidelines would prevent you from purchasing any new con- vertible bonds, but allow you to buy in at lower quantity conmon stocks from the same companies. Totally illogical. The final issue that we would like to address ourselves to is largely a legal point, but one of great importance, and I would like to turn the floor over to Mr. Gordon to handle that. Thank you. Thank you, Mr. Mason. Thank you, your Honor, Members of the Council, I appreciate very much for your time to ad- dress you this evening. I have just two points to make to you. Would you give us your name, please? My name is Allen Gordon. I'm a practicing lawyer. My office is in Los Angeles, Cali- fornia. I am not a member of the bar in the State of Colorado. I have represented and provided legal advice to William Mason and Company for the past three or four years. My practice specializes in federal securities laws and regulations; and I have personal familiarity with the investment business. There are two established principals of the Securities Exchange Conmission that I think are in question here. One is that they have set in writing that it is fradulent per se for any investment advisor to represent as investment management results, numerical statistical studies that are purely hypo- thetical. And what that means is, if you've September 4, 1979 Page 11 been managing assets over a period of time you can show what the actual results were that were achieved in the actual management of those assets if you don't do it in a selective and improper way picking out only the accounts that did well and eliminating the accounts that did badly, but represent- ing accurately the actual results over all accounts over time. But what you can't do is to look back hypothetically and say that if over the last ten years some program which was not actually n effect had been followed here are the re ults that would have been achieved. Th e SEC has said that that is simply fradulent and the reason is perfectly clear. Anyone can look backwards over time and see where the stock market hits its tops and where it hit its bottoms, and say, well, if we had sold out at the top and if we had bought back at the bottom, here's what the results would have been on a thousand dollars that had been invested in that fashion over ten years. But, of course, nobody has the ability to do that, starting from today and working forward into the future because nobody knows in advance where the tops and bottoms will be. That's one point. The second point is that the Congress at the reconmendation of the Securities Exchange Com- mission recently amended the statute to make a distinction in law between a registered in- vestment advisor and investment counseling firm. Any firm that publishes investment re- ports must register with the SEC as an invest- ment advisor. Many people have been led to feel that if a firm was registered with the Conmission as an investment advisor, it must be reliable, experienced and knowledgeable. When in fact, all the statute requires is no- tice to the SEC that you are engaged in this line of business. So a distinction was writ- ten into the law and it says it's unlawful to represent that you are an investment counsel- ing firm unless the substantial character of your business is to provide discretionary in- vestment management of other people's assets on a continuing basis with regard to the speci- fic investment needs of the accounts under management. If that's what your business is, then it's lawful for you to represent that you're an investment counselor and not other- wise. Your ordinance with respect to the September 4, 1979 Page 12 management of the assets of your pension and profit sharing plans for your municipal em- ployees, firemen and police officers provides I that the boards of trustees may adopt any one of five alternative approaches to the invest- ment management of the assets of these plans. One would be to buy an annuity contract with an insurance company. Another would be to employ a bank. The last of these five is the one that ia pertinent this evening. It is very short. I would like to read it to you. It says, "to obtain on an discretionary basis, an investment advisor, licensed as such under the United States Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said act." I think the meaning of the ordinance is quite clear. One permitted alternative is to employ an invest- ment firm to supervise, actually manage the in- vestment of the assets of these plans. Mr. Mason asked me, on Friday of last week, whether a registered investment advisor whose busi- __ as it is to generate buy and sell recom- mendations of switching assets from one mu- tual fund to another based on market-timing judgements when the market has reached its high, sell your coD1110n stock mutual fund, put the money in a fixed-dollar mutual fund. Whether that type of business arrangement is the sort of business activity that qualifies to be an investment counseling business. My judgement on the point was no. It certainly does not because it does not involve actually determining what securities, what stock and bonds should be bought and when and at what price and why with this particular plan's needs. It's a rather blunt instrument is what it is, in which if you do right, you do very well and when you are wrong, the results are disastrous. I checked that personal legal opinion because this is not a conmonly asked question by telephoning the SEC staff in Washington and talking with the current as- sistant director of the divison that adminis- ters this statute, and he said I quite agree with you, Allen, this is not what this statute means when it speaks of an investment coun- seling firm. Your ordinance incorporates by reference the standards of this federal statute. If this new arrangement that was entered into on the 22nd of August is not in fact an arranage- September 4, 1979 Page 13 MAYOR TAYLOR: ment with the investment counseling firm to pro- vide management on a discretionary basis to these assets, it does not -it is not authorized by this provision of the ordinance. If it isn't authorized by this provision of the ordinance, it isn't authorized by any provision of this ordinance. And if that's so, the trustees of these plans would not have the benefit of the provision that limits their personal liability if, which I'll read it very briefly, "and the trustees shall not be liable either as a body or individually for the making, retention, or sale of any investment as wherein provided". That says to me that if the trustees adopted any one of these five specified modes of manage- ment, the trustees are protected and if they don't, they're not. You know, Mr. Mason was simply not given the opportunity to be present at the meeting when the boards of trustees of these plans at which judgement was made to terminate the services of his firm after five years and employ some other new arrangement. So, of course, we don'·t have any very exact knowledge of what the new arrangement con- sists of. Obviously, we've been trying to find out. We would much prefer to go for- ward on the basis of accurate and reliable information, but we have to do the best we can and based on what we do know, it appears that the retirement boards have hired a one- year old firm to provide a mutual fund tim- ing switching service. Thank you, gentle- ment, very much. That's concludes my pre- sentation. We thank you for your information. COUNCILMAN SMITH MOVED TO DIRECT TO SEND A LETTER TO EACH CHAIRMAN OF THE BOARDS OF EACH ONE OF THE PENSION PLANS DI- UCTIRC THAT A COPY OF THE CONTRACT WITH R. M. LEARY BE FORWARDED TO COUNCIL FOR ITS PERSUAL AND FOR THE REVIEW OF THE CITY ATTORNEY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Taylor. None. Council Member Giseburt. September 4, 1979 Page 14 Absent: Council Member Mann. Mayor Taylor stated according to the Charter a council member can not abstain from voting unless the motion affects the member personally. Upon a call of the roll, the revote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. A. E. Pezoldt, 1215 North Bonfoy Avenue, Colorado Springs, appeared before Council and discussed .the relocation of a fire station on property he presently owns. Mr. Pezoldt stated he was unaware of the City's decision to move the fire station and stated he had plans to develop the property for his personal benefit. Councilman Smith stated the City staff had sent him nu- merous letters concerning the relocation and received no reply. There was some question of where his (Mr. Pezoldt) permanent ad- dress was until it was finally determined to be in Colorado Springs. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council. No one replied. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * I September 4, 1979 Page 15 "CoD111Unications -No Action Reconmended" on the agenda were received: (a) (b) Minutes of the Water and Sewer Board regular meeting of July 24, 1979. Minutes of the Englewood Downtown Development Authority regular meeting of August 22, 1979. (c) Minutes of the Election Conmission meeting of August 29, 1979. (d) Financial Report from January 1, 1979 through July 31, 1979. * * * * * * There were no "Conmunications -Action Receommended" on the a~enda. ORDINANCE NO. 39 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAW'nfORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. COUNCILMAN CLAYTON l«>VED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayea: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Naya: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 34 SERIES OF 1979 A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, September 4, 1979 Page 16 DOING BUSINESS AS MR. GA1Tl'S, FOR A RETAIL 3.21. BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. City Attorney Berardini stated the above matter involves the estate of Mr. John Merchison. Mr. Berardini stated the City has received letters from the corporation's attorney containing information that the co-executors of the estate have been assigned and are the wife and son. Mr. Berardini informed the Council that a similar 3.21. license was issued to the Colorado Pizza Corporation doing business as Mr. Gatti's in Arapahoe County and the State Liquor License De- partment found no objection to the issuance. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor.- None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 35 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979; CANCELLING THE RECALL ELECTION PRE- VIOUSLY ORDERED FOR SEPTEMBER 18, 1979 BY RESOLUTION NO. 30, SERIES OF 1979. City Attorney Berardini transmitted a "Certificate of Sufficiency" submitted by the City Clerk relative to the recall petition and setting a date for the recall election. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams. I September 4, 1979 Page 17 Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO PASS A PROCLAMATION DECLARING SEPTEMBER 8, 1979, AS NATIONAL CANCER DAY. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated he was in the process of researching the request by Councilman Smith for a possible amend- ment to the uniform traffic code with reference to turning move- ments over double yellow lines. Mr. Berardini stated he had done some preliminary work with Captain Mull of the Englewood Police Department and requested additional time until the next regular Council meeting in order to be able to present a full report. Councilman Smith stated the report did not have to be submitted until all the proper research had been done. * * * * * * COUNCILMAN CLAYTON MOVED TO SET A PREBUDGET PUBLIC HEAR- ING ON SEPTEMBER 17, 1979, AT 7:55 P.M. AND TO SET THE PUBLIC HEAR- ING ON PROPOSED USES ON REVENUE SHARING FUNDS FOR 1980 ON SEPTEMBER 17, 1979, AT 8:00 P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * September 4, 1979 Page 18 City Manager Mccown reminded Council that on Saturday, September 8, 1979, will be a seminar for elected officials on cable television. Mr. Mccown stated for those council members who wanted to attend to let his secretary, Pat Humphryes, know so reservations can be made. * * * * * * City Manager Mccown called attention to the new zoning map in the Council Chambers. Mr. Mccown stated it was put to- gether by Mark Barber of the CoD111Unity Department. MAYOR TAYLOR MOVED THAT A LETTER OF COMMENDATION BE SENT TO MR. MARK BARBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor made co11111ents on the new Court/Council faci- lity; and requested that the air conditioning be checked and that Council consider the possibility of changing the bench seating since they appear to be unsatisfactory to some people. Councilman Smith suggested that the backs of the benches be replaced with wider boards. * * * * * * Mr. James Keller, Executive Director of the Englewood Downtown Development Authority, appeared before Council. Mr. Keller auggeated that the benches be switched with the chairs and the benches then be uaed in the overflow reserve seating. Mr. Keller gave a report on the Authority's concerted effort to re-eatabliah some type of downtown type of business association. Mr. Keller also reported that the Public Service wants to aet up a meeting on the purchase of the building and parking lot. * * * * * * September 4, 1979 Page 19 COUNCILMAN WILLIAMS MOVED TO DONATE $15,000 TO THE ENGLEWOOD HIGH SCHOOL BAND FOR THE ROSE BOWL PARADA IN PASADENA, CALIFORNIA. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Absent: Council Members Williams, Smith, Harper, Clayton, Taylor. Council Member. Gi,seburt .• Council Member Mann. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting at 9:10 p.m. without a vote.