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HomeMy WebLinkAbout1979-02-05 (Regular) Meeting MinutesREGUL~ MEETING: COUNCIL CHMmERS CITY OF ENGLEWOOD, COLOR~DO February 5, 1979 The City Council of the City of Englewood, ~rapahoe County, Colorado, met in regular session on February 5, 1979. The invocation was given Reverend Joe Booth, Englewood Church of Christ, 4690 South Logan Street. The Pledge of ~llegiance was led by Boy Scout Troop 1154. Mayor Pro Tem Mann asked for roll call. the roll, the following were present: Upon a call of Council Members Williams, Weber, Smith, Harper, Clayton, Mann. ~bsent: Mayor Taylor. The Mayor Pro Tem declared a quorum present. Mayor Pro Tem Mann stated Mayor Taylor was ill and unable to attend the meeting. * * * * * * ~lso present were: City Manager Mccown ~ssistant City Manager Curnes City ~ttorney Berardini Director of Public Works Waggoner Director of Finance/ex officio City Clerk-Treasurer James Deputy City Clerk Watkins * * * * * * COUNCILMMf SMITH MOVED TO APPROVE THE MINUTES OF THE REGULMt MEETING OF JMfUMtY 15, 1979 WITH THE FOLLOWING CORRECTION SUBMITl'ED BY COUNCILMMf MMm. Councilman Weber seconded the motion. Mayor Pro Tem Mann stated the correction is on page 15 next to the last paragraph concerning his remarks on water lines. Mayor Pro Tem Mann stated the words, "maybe the liability should lie with the City" should be stricken; they are in error. Mayor Pro Tem Mann stated he did not make that statement. Mayor Pro Tem Mann stated the water line between the house and the curb cut ia now the reaponaibility of the resident and he did not believe the City should have any liability of that, but he did believe the City should have the financial liability between the line in the street and the curb cut. February 5, 1979 Page 2 Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Pre-scheduled visitor Tom Young, Sellards and Grigg, Inc. was present and discussed the bids on the High School Basin Storm Drainage Project. Mr. Young stated a total of nine bids were re- ceived and he reco1111111ended that Council accept the low bid from Northern Contracting Coq>any in the amount of $454,825.22. COUNCii.MU. WILLlvm MOVED TO ~CCEPT THE LOW BID FROM THE NORTHERN CONTR~CTIHG COMP~ IN THE M«>UNT OF $454,825.22 FOR THE CONSTRUCflON OF THE HIGH SCHOOL B~SIN STORM DR~IN~GE PROJECT. Coun- cilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yea: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Pre-scheduled Merle Koon, 7056 South Newland Street, was present and discussed a request for a change of ownership for a retail liquor store license -Englewood Liquors, 3434 South Broad- way. Mr. Koon stated the lease has not been signed because the transaction is contingent upon them securing a liquor license. City Attorney Berardini advised Council they could go ahead and approve the change of ownership since all other docu- ments appear to be in order but make approval contingent upon Mr. Koon delivering to the City Clerk a signed, executed lease. Mr. Berardini stated a license can not be issued unless the owner has possession of the property. COUNCILMMf WEBER MOVED TO ISSUE ~ RET~IL LIQUOR STORE LICENSE TO MR. MfD MRS. MERLE KOON CONTINGENT UPON THEM SECURING I February 5, 1979 Page 3 THE PROPER SIGNED LEASE FOR THAT P~TICUL~ PROPERTY AS MENTIONED AS ITEM 2B ON THE AGENDA. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * Pre-scheduled visitor Joel Judd, attorney representing Yook Lim Lew and Jimmy Wong Bok, was present and presented an application for a hotel/restaurant liquor license for Kona Coast, Inc. dba Kona Coast, 4274 South Boardway. Mr. Judd requested Council to set a date for a public hearing and designate the boundaries for petitioning relative to the application. COUNCILMAN SMITH MOVED TO SET M~CH 26, 1979 ~T 7:00 P.M. AS THE DATE FOR THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton . Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN SMITH MOVED TO SET THE BOUNDARIES FOR PETI- TIONING AS ONE MILE RADIUS. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * February 5, 1979 Page 4 Mayor Pro Tem Mann asked if there were any other visitors wishing to be heard at this time. No one responded. * * * * * * "Co1111Unications -No ~ction Recomnended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the regular meeting of the Housing ~uthority of October 24, special meeting of November 8, special meeting of November 14, regular meeting of November 28, special meeting of December 29, and special meeting of January 5, 1979. Minutes of the Board of Career Service Commis- sioners meeting of November 16, 1978. Minutes of the Board of ~djustment and ~ppeals meeting of December 13, 1978. Minutes of the Denver Regional Council of Governments meeting of December 20, 1978. Minutes of the Employees Retirement Board meeting of January 9, 1979. Minutes of the Englewood Public Library Board meeting of January 9, 1979. Minutes of the Parks and Recreation Conmis- sion meeting of January 11, 1979. Memorandum from the Director of Engineering to the ~ssistant City Manager concerning Paving District schedules. * * * * * * ~dministrative ~ssistant Brown appeared before Council and presented the minutes of the Water and Sewer Board meeting of January 16, 1979 and the Board's recomnendations contained therein. ~dministrative ~ssistant Brown stated the Water and Sewer Board is recomnending approval of Supplement 63 to the Southgate Sanitation District for the inclusion of an area containing 2 1/2 acres for a single family residence. I February 5, 1979 Page 5 COUNCILM~ HUPER MOVED TO M>PROVE SUPPLEMENT 63 TO THE SOUTHG~TE S~IT~TION DISTRICT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ~dministrative ~ssistant Brown stated the Water and Sewer Board is recoDIDending approval of Supplement 64 to the Southgate Sanitation District for the inclusion of an area in Greenwood Village located along Ulster and Maplewood ~venue. COUNCILMMf WILLI~ MOVED TO M>PROVE SUPPLEMENT 64 TO THE SOUTHG~TE SMfIT~TION DISTRICT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: ~yes: Nays: ~bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ~dministrative ~ssistant Brown stated the Water and Sewer Board is recoDIDending approval of Supplement 10 to the Valley Sanitation District for the inclusion of 14 homesites located in the area of South Lowell Boulevard and West Union ~venue. COUNCILMMf HMtPER MOVED TO M>PROVE SUPPLEMENT 10 TO THE V~LLEY S~IT~TION DISTRICT. Councilman Williams seconded the mo- tion. Upon a call of the roll, the vote resulted as follows: ~yes: Council Members Williama, Weber, Smith, Harper, Clayton, Mann. Nays: None. ~bsent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * February 5, 1979 Page 6 City Manager Mccown presented a memorandum from the Director of Libraries to the City Manager concerning the Guide-I lines for the Englewood Public Library. City Manager Mccown discussed revisions that have been made in the guidelines. One revision is the display policy and the placement of a disclaimer notice on the display stating that the display is put out by a group and that the City takes no position on the subject matter of the display. The other revision is that all references made to "he and him" have been changed to "the Director". Another revision is under section of the "Duties of the Director" and includes that the Director shall participate actively in com- munity groups. City Manager Mccown stated under the policy on use of the Library meeting rooms, a statement should be added stating that Council, should they need it, has first priority right to use the Library conference room. City Attorney Berardini noted a correction to be made under the section "Duties of the Board", second line. The words "Municir.al Code" should be changed to "Section 55 of the City Charter'. Councilman Weber disagreed with the provision under "Du- ties of the Director" requiring the Director to partake actively in conmunity groups. Councilman Weber stated he understood re- quiring the Director to become actively involved in groups relat- ing to the Library but not any others. City Manager Mccown stated he believed department heads of the City need to be involved in all coD1DUnity groups not just those relating to their particular departments. Councilman Harper suggested that not only Council be given priority to use the Library conference room but also other conmunity groups provided it does not interfer with the Library. Councilman Harper stated the conference room is used now on a limited basis and the City is definitely in need of more meeting rooms. Councilman Clayton stated he thought the policy already inferred Councilman Harper's suggestion. COUNCILMAN SMITH MOVED THAT THE POLICY OF THE GUIDELINES OF THE ENGLEWOOD LIBRUY BE ADOPTED BY THE CITY COUNCIL AS SUBMITTED UNDER THE COVER LETTER DATED JANUARY 31, 1979 FROM ANDY MCCOWN THE CITY MANAGER WITH THE FOLLOWING AMENDMENTS: (1) ON THE LAST PAGE UNDER POLICY ON USE OF THE LIBRUY MEETING ROOMS, FOLLOWING THE WORDS "ORIENTED GROUPS", FIRST PUAGRAPH, SECOND LINE, ADD "THAT THE LIBRUY MEETING ROOMS SHALL BE MADE AVAILABLE FOR THE USE OF EDUCA- TIONAL LIBRARY ORIENTED GROUPS AND OTHER CIVIC GROUPS AS SCHEDULED"; AND February 5, 1979 Page 7 (2) ~DD ITEM Ill, TO ST~TE TH~T "THE CITY COUNCIL SH~L H~VE PRIORITY TO SCHEDULE THE LIBRUY MEET- ING ROOM FOR REGULU CITY FUNCTIONS". Councilman Harper seconded the motion. COUNCILMAN WEBER MOVED TO !\MEND THE MOTION BY CHANGING THE SECTION UNDER "DUTIES OF THE DIRECTOR" BY INSERTING A PERIOD AFTER THE WORD "COMMUNITY" ON LINE 8 AND DELETING ALL VERBAGE TO THE END OF THE PU~GR~H. Councilman Weber stated he still disagreed with the pro- vision requiring the Director of Libraries to participate actively in coD111Unity groups. Motion died for lack of a second. Upon a call of the motion made by Councilman Smith, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Harper, Clayton, Mann. Council Members Williams, Weber. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from himself to the City Council concerning appointments to Boards and Commis- sions. COUNCILMAN SMITH MOVED TO ~PROVE THE FOLLOWING ~POINT­ MENTS TO THE BOARD OF ADJUSTMENTS AND ~PEALS: ROBERT F. LEONUD -RE~POINTMENT TO FOUR YEAR TERM EX- PIRING FEBRUUY 1, 1983 DONALD D. SEYMOUR -RE~POINTMENT TO FOUR YEU TERM EX- PIRING FEBRUUY 1, 1983 HUVEY PRATT, JR. -APPOINTMENT TO FOUR YEU TERM EX- PIRING FEBRUUY 1, 1983. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann. February 5, 1979 Page 8 Nays: Absent: Council Member Weber. Mayor Taylor. The Mayor Pro Tern declared the motion carried. COUNCILM~ WILLIAMS MOVED TO ~PROVE THE FOLLOWING ~POINT­ MENTS TO THE PL~ING ~D ZONING COMMISSION: MMUORIE L. BECKER -RE~POINTMENT TO FOUR YEU TERM EX- PIRING FEBRUUY 1, 1983 JUDITH PIERSON -RE~POINTMENT TO FOUR YEAR TERM EXPIR- ING FEBRUUY l, 1983 THAD CUSON -APPOINTMENT TO UNEXPIRED TERM OF OFFICE EXPIRING FEBRUUY 1, 1982 Councilman Smith seconded the motion. Councilman Weber explained he would vote no on these appointments as he did for those made to the Board of Adjustments and Appeals. Councilman Weber stated he had a philosophical dif- ference with some people appointed to the Board of Adjustments and Appeals and he was convinced that Council did not select the best qualified candidates for either group. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Smith, Harper, Clayton, Mann. Council Member Weber. Mayor Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN CLAYTON MOVED TO ~PROVE THE FOLLOWING ~POINT­ MENTS TO THE LIBRUY BOUD: DOROTHY WHEELEHAN -APPOINTMENT TO FOUR YEAR TERM EXPIR- ING FEBRUUY l, 1983 DALTON L. NORDYKE -APPOINTMENT TO FOUR YEU TERM EXPIR- ING FEBRUARY l, 1983 Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. February 5, 1979 Page 9 Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 3, SERIES OF 1979 INTRODUCED BY COUNCILM~N MANN ORDIN~CE NO. 4, SERIES OF 1979 ~N ORDIN~CE ~NDING SECTION 10, CHAPTER 10, OF TITLE V, OF THE '69 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY AUTHORIZING ~D DIRECTING THE CITY COUNCIL OF THE CITY OF ENGLEWOOD TO ENTER INTO DIRECT ~GREEMENT WITH CERTIFIED EMPLOYEE GROUPS WITHOUT THE NECESSITY OF IMPLEMENTING SAID AGREEMENT BY GENERAL LEGISLATION. COUNCILM~ CLAYTON MOVED TO PASS COUNCIL BILL NO. 3, SERIES OF 1979 ON FIN~ RE~DING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * BY AUTHORITY COUNCIL BILL NO. 2, SERIES OF 1979 INTRODUCED BY COUNCILMAN MANN ORDINANCE NO. 5, SERIES OF 1979 ~ ORDIN~CE APPROVING ~ COLLECTIVE BARG~INING ~GREEMENT FOR THE YE~R 1979 BY ~D BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION; AUTHORIZING ~D DI- RECTING THE MAYOR AND OTHER PROPER CITY OFFICIALS TO EXECUTE ~D ATl'EST THE SMm AND REPEALING PERTINENT PROVISIONS OF THE OFFICIAL CITY CODE. February 5, 1979 Page 10 COUNCILM~ CL~YTON MOVED TO PASS COUNCIL BILL NO. 2, SERIES OF 1979 ON FIN~L RE~DING. Councilman Harper seconded the motion. COUNCILM~ SMITH MOVED TO ~D THE MOTION ~D DELETE SECTION 3 ~D FOR THE CITY ~TTORNEY TO PROVIDE SUBSTITUTE L~GU~GE FOR THIS SECTION AND TH~T THE TITLE BE CH~GED TO REFLECT THE SMm. Councilman Weber seconded the motion. The City ~ttorney stated a period should be inserted following the words "the same" on line 5 of the title and all words following "the same" should be stricken. Mr. Berardini stated the following language should be substituted under Sec- tion 3: "Section 3. That where any section or sections of Chapter 3, 4, 6, 7, 8, and 10 of Title V of the 1969 Enflewood Municipal Code, as amended, which refer to "a 1 full-time, permanent, classified non-emergency employees of the City," shall conflict with the pro- visions of the Memorandum of Understanding approved herein, then the provisions of the Memorandum shall prevail over the provisions of the City Code". Upon a call of the roll, the vote resulted as follows: ~yea: Nays: ~baent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * BY ~UTHORITY COUNCIL BILL NO. 4, SERIES OF 1979 INTRODUCED BY COUNCILM~ SMITH ORDINMfCE NO. 6, SERIES OF 1979 ~ ORDINMfCE MmNDING CH~TER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIP~L CODE REL~TING TO THE CITY OF ENGLEWOOD RETIREMENT PLAN, REDEFINING THE TERM "EMPLOYEE", REQUIRING DIS~BLED EMPLOYEES TO MAKE ~PLIC~TION FOR RETIREMENT AND MODIFYING THE MEMBERSHIP OF THE RETIREMENT BO~D. I February 5, 1979 Page 11 COUNCILM~ SMITH MOVED TO PUS COUNCIL BILL NO. 4, SERIES OF 1979 ON FINM. RE~DING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann. Council Member Williams. Mayor Taylor. The Mayor Pro Tem declared the motion carried. Councilman Williams stated he voted no because he pre- f erred either changing all boards' memberships or none at all. * * * * * * BY AUTHOR I TY COUNCIL BILL NO. 6, SERIES OF 1979 INTRODUCED AS A BILL BY COUNCILM~N WEBER A BILL FOR ~ ORDIN~CE V~C~TING THE M.LEY IN BLOCK 9, JACKSON'S BROADWAY HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF MtAPAHOE, COLORADO. COUNCILM~ WEBER K>VED TO PUS COUNCIL BILL NO. 6, SERIES OF 1979 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: The Mayor ORDIN~CE NO. SERIESOF 1979 Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. Pro Tem declared * * * * BY AUTHORITY the motion carried. * * COUNCIL BILL NO. 7 SERIES OF 1979 INTRODUCED BY COUNCILM~ HARPER February 5, 1979 Page 12 A BILL FOR ~ ORDIN~CE AMENDING SECTIONS 16 ~D 17, CHAPTER 3, TITLE XV, OF THE 1969 ENGLEWOOD KJNICIPAL CODE RELATING TO THE COST OF REPAIRS OR REPLACEMENT OF W~TER METERS, SIZE OF W~TER METERS IN THE EVENT OF CHANGE OF USE, ~D DELINQUENT WATER BILLS. COUNCILM~ RUPER MOVED TO P~S COUNCIL BILL NO. 7 ON FIRST READING. Councilman Williams seconded the motion. Councilman Clayton restated his position on leaving the billing interval to 30 days instead of the proposed 15 days. COUNCILM~ WEBER MOVED TO AMEND THE MOTION BY CHANGING SECTION 2. 15-3-17 "DELINQUENT W~TER BILLS" IN THE SENTENCE "SUCH NOTICE SHALL BE EFFECTIVED BY REGULAR MAIL TO THE OWNER OR OCCU- PANT OF THE PREMISES FOR WHICH THE CHARGE IS DUE"; STRIKE THE WORD "REGULAR" ~ND INSERT "PERSONAL SERVICE OR CERTIFIED M~IL OR REGISTERED MAIL RETURN RECEIPT REQUESTED,". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. COUNCILM~ CLAYTON K>VED TO AMEND THE MOTION BY CHANGING SECTION 2. 15-3-17 "DELINQUENT WATER BILLS" BY ADDING THE WORD "WORK- ING" BETWEEN THE WORDS FIVE ~D D~Y TO REFLECT THAT THE ''WATER DE- PUTMENT SH~LL GIVE ~ FIVE-WORKING DAY WRITTEN NOTICE" INSTEAD OF A FIVE-DAY WRITTEN NOTICE. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: Abaent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN SMITH MOVED TO MmND THE MOTION BY CHANGING SECTION 2. 15-3-17 "DELINQUENT WATER BILLS" BACK TO 30 DAYS INSTEAD OF THE PROPOSED 15. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: I February 5, 1979 Page 13 Ayes: Nays: Absent: The Mayor Council Members Weber, Smith, Clayton, Mann. Council Members Williams, Harper. Mayor Taylor. Pro Tern declared the motion carried. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. ORD IN ~CE NO. SERIES OF 1979 * * * * * * BY ~UTHORITY A BILL FOR COUNCIL BILL NO. 8 SERIES OF 1979 INTRODUCED BY COUNCILMAN SMITH AN ORDIN~CE Ma:NDING CH~TER 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE REL~TING TO RETIREMENT. COUNCILM~ SMITH MOVED TO P~S COUNCIL BILL NO. 8, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. At the request of Council, Director of Finance James appeared before Council and discussed Section 5-9-3 A. and B. of the bill "DEFINITIONS 'INTEREST RATE ~SUMPTION ~D MORALITY ASSUMPTION' ". Councilman Smith stated because of his participation on the Retirement Board he was aware the Board is going to contract an actuarial firm to do a study on the plan and that the assumptions for the etudy have not yet been set. He queried Director James if the assumptions written in this bill would bind the Board to use them even though the Board may want to use others. Director of James stated the reason the assumptions are in the bill is because they have to be a part of the plan in order for the Plan to be qualified under the IRS regulations. Mr. James February 5, 1979 Page 14 stated he did not see any problems if the Retirement Board arrived at different assumptions and came back to Council with their recom- mendations so the ordinance could be amended. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 9 SERIES OF 1979 INTRODUCED BY COUNCILMAN HARPER ~ BILL FOR ~ ORDIN~CE M>PROVING ~ ~GREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLOR4U>O. ~D THE CITY ~D COUNTY OF DENVER. COLOR4U>O. FOR THE TR~SMISSION, TREATMENT AND DISPOSAL OF SEWAGE FROM CERTAIN PORTIONS OF NORTHE~ST ENGLEl«>OD. COUNCILMAN HARPER MOVED TO PASS COUNCIL BILL NO. 9, SERIES OF 1979 ON FIRST READING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. ORDIN~CE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 5 SERIES OF 1979 INTRODUCED BY COUNCILMlN CLAYTON February 5, 1979 Page 15 A BILL FOR AN ORDIN~CE APPROVING ~ AGREEMENT BETWEEN THE CITY OF ENGLEWCX>D, COLOR~, THE URB~ DRAINAGE ~D FLOOD CONTROL DISTRICT, ~D THE CITY OF GREENWOOD VILLAGE, COLORADO, REG~DING A FElSIBILITY STUDY, FINlL DESIGN, ~D RIGHT-OF-WAY ACQUISITION FOR IMPROVEMENTS ON LITTLE DRY CREEK TO REDUCE POSSIBLE FLOODING WITHIN CERTAIN AREAS IN THE CITY OF ENGLEWOOD. COUNCILMlN CLAYTON MOVED TO PASS COUNCIL BILL NO. 5, SERIES OF 1979 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tern declared the motion carried. * * * * * * RESOLUTION NO. 6, SERIES OF 1979 A RESOLUTION DECL~ING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIM. IMPROVEMENT DISTRICT IN THE CITY TO BE DESIGNATED AS PAVING DISTRICT NO. 26, ADOPT- ING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, ~D ORDERING PUBLICATION lND MAILING OF NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY ·To BE M;SESSED FOR IMPROVEMENTS IN SAID DISTRICT. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 6, SERIES OF 1979 AND TO CHANGE THE MEETING DATE ~D TIME IN SECTION I) OF THE NOTICE FROM MONDAY, THE 12TH DAY OF MARCH, 1979, AT 9:00 O'CLOCK P.M. TO TUESDAY, THE 13TH DAY OF MARCH, 1979, AT 8:00 O'CLOCK P.M. lND TO CHANGE THE MEETING DATE IN SECTION J) OF THE NOTICE FROM MONDAY, THE 12TH DAY OF MARCH, 1979, TO TUESDAY, THE 13TH DAY OF MARCH, 1979. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. February 5, 1979 Page 16 ~baent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * COUNCILM!N WILLIMm MOVED TO R~TIFY THE PROCLM1~TION PROCL~IMING J~NUUY 25, 1979 ~s "GERRI VON FRELLICK D~Y". Coun- cilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: ~yes: Nays: ~bsent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City ~ttorney Berardini presented the judgement from the Colorado Court of ~ppeals in the case of Oliner vs. the City of Englewood. Mr. Berardini stated the case concerns Mr. Oliner and others who attempted to defeat a lease/option agreement on the land presently leased by the City where the Police/Fire Center is located on the technical rule called the rule against perpetuities. Mr. Berardini stated judgement rules in favor of the City and Mr. Oliner has filed a motion for a rehearing of the case. Mr. Berardini stated he did not suspect the Court to rehear the case and if it goes to the state supreme court, the City will resist such action. Mr. Berardini stated he would let Council know the status of this case just as soon as possible. * * * * * * City Manager Mccown presented a memorandum from himself to the City Council concerning the six-quarter budget, January, 1979 through March, 1980. Mr. Mccown stated Council approved this budget when they adopted the 1979 budget. Mr. Mccown stated there I are some changes in the budget: 1) moving Little Dry Creek from the third quarter of 1979 to the first quarter of 1979; 2) con- struction of fire station no. 3 has been moved from the first quarter of 1979 to the third quarter; 3) projects planned for the first quarter of 1980 are City Survey, River Development, Central Storm Drainage Basin and Little Dry Creek; 4) projects planned for the second quarter of 1980 are Paving and Sidewalk District and Central Basin. * * * * * * February 5, 1979 Page 17 RESOLUTION NO. 7, SERIES OF 1979 A RESOLUTION TO CHlNGE THE FIREFIGHTER POSITION TITLES IN THE CL~SIFIC~TION PL~. COUNCILMlN WEBER MOVED TO P~S RESOLUTION NO. 7, SERIES OF 1979. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted ae follows: ~yea: Nays: ~beent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * City Manager Mccown stated representatives from Mission Viejo have contacted him requesting a postponement for their meet- ing with Council on February 17th. Councilman Clayton requested the City Manager to make arrangements for a meeting on a Saturday either March 10th or March 17th. * * * * * * COUNCILM~ SMITH MOVED THAT LETTERS BE SENT WITH MAYOR TAYLOR'S SIGNATURE SUPPORTING THE COLORADO MUNICIPAL LEAGUE'S OPPOSITION ON SENATE BILLS 235 ~D 261 AND HOUSE BILLS 1232 AND 1239 AND THAT COPIES OF THESE LETTERS BE SENT TO COMMITTEE MEMBERS ~D LEGISLATORS. Councilman Clayton seconded the motion. City Manager Mccown stated a letter concerning House Bill 1232 has already been sent. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Smith, Harper, Clayton, Mann. None. Mayor Taylor. The Mayor Pro Tem declared the motion carried. * * * * * * February 5, 1979 Page 18 There was no further business to be discussed. * * * * * * COUNCILM~ WILLI~ MOVED TO ~DJOURN THE MEETING. Mayor Pro Tem Mann declared the meeting adjourned without a vote at 9:35 p.m.