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HomeMy WebLinkAbout1978-11-06 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 6, 1978 'nle City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 6, 1978 at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma Street. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Williams. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of Public Works Waggoner Director of Comnunity Development Wanush Director of Utilities Fonda Director of Finance/City Clerk- Treasurer James Deputy City Clerk Watkins * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCTOBER 16, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * November 6, 1978 Page 2 COUNCILMAN CLAYTON MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 30, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. Absent: Council Member Williama. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED THAT AGENDA ITEM 2A "THE SWEAR- ING-IN CEREHONY OF THE OATH OF OFFICE FOR MEMBERS OF THE DOWNTOWN DEVELOPMENT AUTHORITY" BE MOVED TO A LATER POSITION ON THE AGENDA. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williama. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor Emmett Curry, 333 West Hampden Ave- nue, appeared before Council and discussed the Downtown Develop- ment Authority of which he is a member. Mr. Curry stated the com- mittee is ready to do some serious thinking and planning for down- town Englewood. Mr. Curry stated the coDlllittee will need financial help from the Council in the beginning because the tax money will not be coming in until next year and the comnittee has some projects they want to start imnediately. * * * * * * Pre-scheduled visitor Byron Sutton, 2500 West Hampden Avenue, appeared before Council and discussed the problem he has with golf balls hit off the Englewood Municipal Golf Course onto his property and damaging his house and car. Mr. Sutton stated he has discussed this problem with the City Attorney, the Director of Parka and Recreation and upon the advice of the City Attorney November 6, 1978 Page 3 filed an insurance claim with the City's insurance company. The insurance company denied the claim declaring the City was not liable. Mr. Sutton stated the Director of Parks and Recreation I told him he would check into a screen or some kind of block to prevent future golf balls from landing around the house. Mr. Sutton stated Mr. Kenny Morris, 3141 South Santa Fe 138, who was with him just had an estimated $100 worth of damage done to his car from the same problem. Mr. Sutton asked for Council's help in solving the problem. Mayor Taylor stated some tall, fast-growing cottonwood trees have been planted starting at the fourth tee down to where some larger trees are already growing. Mayor Taylor read a letter from the Director of Parks and Recreation addressed to the City Manager dated November 6, 1978 stating the fourth tee could not be moved and the best thing would be to plant some fast-growing trees adjacent to the tee. Mayor Taylor stated until the trees grow up, Council should consider installing a fence along the section. Councilman Smith requested the City Attorney to follow up on the claims of Mr. Sutton and Mr. Morris with the City's insurance company. ; . * * * * * * Pre-scheduled visitor Wayne Oakley, 4778 South Lincoln Street, appeared before Council and requested that Council expedite his annexation request for 4691 South Mariposa Drive. * * * * * * Mayor Taylor asked if there were other visitors who wanted to speak to Council at this time. Director of Public Works Waggoner appeared before Council and introduced Joe Plizga who is the newly appointed Traffic Engi- neer for the City of Englewood. Council welcomed Mr. Plizga to the City. * * * * * * Eugene Norman, 3851 South Logan, appeared before Council and proposed a plan whereby citizens themselves could curtail the current dog problem. Mayor Taylor stated the City is reactivating the Dog Comnittee and his suggestion will be brought to their attention. * * * * * * Director of Finance/City Clerk James administered the oath of office for the Downtown Development Authority to those November 6, 1978 Page 4 members who were present. Those members present who took the oath of office were: Vern Mann, John Maxwell, EDIDett Curry, George Allen , Ken Mausolf, Dewayne Glenn, Leonard Robohm, and Barbara Holthaus. Those members absent were: Barry Coleman, Fred Kaufman, and Cletus Gasson. Mayor Taylor informed the members that their office begins November 20, 1978. * * * * * * Mayor Taylor asked if there were any other visitors wishing to speak to Council No one responded. * * * * * * "Communications -No Action RecoD111ended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) (h) (i) Minutes of the Denver Regional Council of Governments meeting of September 20, 1978. Minutes of the Board of Career Service Com- missioners meeting of September 21, 1978. Minutes of the Englewood Housing Authority meeting of September 26, 1978. Minutes of the Planning and Zoning CoDDnission meeting of October 3, 1978. Minutes of the Board of Adjustment and Appeals meeting of October 11, 1978. Memorandum from the City Manager and Assistant City Manager concerning their attendance at the ICMA Annual Conference in Cincinnati, Ohio, October 15 -19, 1978. Memorandum from the Assistant Director of Com- munity Development to the Director of Community Development concerning his attendance at NAHRO's 1978 Conference in Seattle, Washington on October 8 -10, 1978. Memorandum from the Chief of Police to the City Manager concerning his attendance at the IACP Conference in New York on October 7-12, 1978. Memorandum from the Fire Chief to the City Manager concerning his attendance at the NFPCA Conference in Seattle, Washington on October 23 -25, 1978. November 6, 1978 Page 5 (j) Memorandum from the City Manager concerning the Wastewater Treatment Plant. Councilman Smith discussed item (j) and expressed concern I that even though some of the technical problems have been solved, the odor still exists. In response to Councilman Weber's question, City Attorney stated he was waiting for the report from HDR and more information before he drafted the letter Councilman Weber requested. COUNCILMAN MANN MOVED TO DIRECT THE STAFF TO SET UP A MEETING WITH THE LITTLETON AND THE ENGLEWOOD CITY COUNCILS, RE- SPECTIVE STAFF MEMBERS, CITY ATTORNEYS AND THE ENGINEERS OF HDR AS SOON AS POSSIBLE. Councilman Weber seconded the motion. Councilman Clayton stated the meeting should be set up expeditously. Mayor Taylor stated he would like to see the meeting set up before the end of the year. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. City Manager Mccown discussed item (c) and expressed his concern over the issue the Colorado Civil Rights CoDlllission made inf erring discrimination in a recent advertisement in the Colorado Municipal League Newsletter seeking a couple to manage the Simon Center. * * * * * * City Manager Mccown requested the next three agenda items be presented by the Director of Comnunity Development. Director of Comnunity Development Wanush appeared before Council and presented a reconmendation from the Planning and Zon- ing Conmission meeting of October 24, 1978 concerning a zoning designation from R-3, Arapahoe County zoning to R-1-C, Englewood zoning at 4691 South Mariposa Drive. Director Wanush stated the the Planning Conmission reconmends the City Council zone the pro- perty 4691 South Mariposa Drive R-1-C, Single Family Residence upon annexation to the City. November 6, 1978 Page 6 Director Wanush also presented the next agenda item which was a memorandum from the Director of CoD1DUnity Develop- ment to the City Manager concerning the Anderson annexation peti- tion for 4635 South Mariposa Drive. COUNCILMAN CLAYTON MOVED TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING CO~ISSION FOR 4691 SOUTH MARIPOSA DRIVE AND THE MEMORANDUM FROM THE DIRECTOR OF CO!lifUNITY DEVELOP- MENT FOR 4635 SOUTH MARIPOSA DRIVE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE ZONING DESIGNATION FOR 4691 SOUTH MARIPOSA DRIVE AND TO PREPARE AN ORDINANCE FOR ANNEXATION OF SUB- JECT PROPERTY. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR ZONING DESIGNATION AND ANNEXATION FOR 4635 SOUTH MARIPOSA DRIVE BASED UPON THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION TO BE SUBMITTED AT THE NEXT REGULAR COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * November 6, 1978 Page 7 Director of CoUIDUnity Development Wanush presented a memorandum from himself to the City Manager concerning an encroach- ment request from Mr. Bertram F. Smith, 2823 South Broadway. Di- rector Wanush stated Mr. Smith is requesting permission to encroach one (1) foot into the public right-of-way for South Broadway in the form of a canopy on the front of his building at that address. COUNCILMAN CLAYTON MOVED TO GRANT THE ENCROACHMENT RE- QUEST FROM MR. BERTRAM F. SMITH, THE OWNER OF ARAPAHOE SIGNS, INC. AT 2823 SOUTH BROADWAY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented annual renewal liquor license requests for the following: 1. E-Z Liquors, 3353 South Santa Fe Drive, requesting annual renewal of a retail liquor store license. 2. Arap's Old Gun Shop, 3866 South Broadway, requesting annual renewal of a hotel and restaurant liquor license. 3. Safeway, 125 East Hampden Avenue, requesting annual renewal of a 3.2 beer retail license. 4. Englewood Liquors, 3424 South Broadway, requesting annual renewal of a retail liquor license. 5. 6. Ken's Lounge, 2893 South Broadway, requesting annual renewal of a tavern license. Seven-Eleven, 1277 East Hampden Avenue, requesting annual renewal of a 3.2 beer license-off premises. City Manager Mccown stated the police reports indicate no significant problems with these businesses that would prohibit granting their annual renewals. He also stated since these are annual renewals Council does not need to hold a public hearing. COUNCILMAN WEBER MOVED TO GRANT THE LIQUOR AND 3.2 BEER ANNUAL RENEWAL LICENSES TO E-Z LIQUORS -3353 SOUTH SANTA FE DRIVE; November 6, 1978 Page 8 ARAP'S OLD GUN SHOP -3866 SOUTH BROADWAY; SAFEWAY -125 EAST HAMP- DEN AVENUE; ENGLEWOOD LIQUORS -3424 SOUTH BROADWAY. Councilman Harper seconded the motion. Councilman Clayton stated even though the police reports do not reflect any complaints on Arap's Old Gun Shop, he personally has received citizen complaints on Arap's. Mayor Taylor stated he has received two complaints in the last year concerning Arap's Old Gun Shop. The two complaints concern Arap's customers running into the fence across the alley from Arap's while parking their cars. Mayor Taylor stated this is a situation where a restaurant is a three-way liquor outlet, open to 2:00 a.m. and is in a predominantly residential neigh- borhood. Mayor Taylor stated the Council originally denied the owner a liquor license; the owner took his request to the District Court which overruled Council's denial. Mayor Taylor stated this business should be watched because the original plan of a family restaurant is deteriorating into a nuisance. Mayor Taylor stated the owner has abidded by the liquor laws of the state and he was going to vote for the renewal; however, if any more complaints are received, he will vote against the continuance next year. Councilman Smith stated the Council takes into con- sideration the desires of the neighborhood when voting for or against continuation of liquor licenses and even though the establishment has abidded by the law, the citizens have every right to appeal to Council for denial if· the citizens consider that establishment a nuisance. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Councilman Smith requested more information concerning the Seven-Eleven Store and the liquor call of selling beer to a minor on August 3, 1978. Councilman Weber also requested more in- formation. City Manager Mccown the police report reflects that no one was caught in the act so it was really not a violation but only a report of a possible violation. COUNCILMAN MANN MOVED TO GRANT AN ANNUAL RENEWAL OF A TAVERN LICENSE FOR KEN'S LOUNGE, 2893 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: November 6, 1978 Page 9 Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN WEBER MOVED TO CALL IN THE MANAGEMENT OF THE SEVEN-ELEVEN STORE, 1277 EAST HAMPDEN AVENUE, TO DISCUSS THE ISSUE OF SELLING BEER TO A MINOR. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Councilman Smith requested that representatives from the Police Department also be present to discuss this issue. * * * * * * Mayor Taylor declared a recess at 8:50 p.m. The Council reconvened at 9:05 p.m. Mayor Taylor asked for a roll call. Upon the call of the roll, the following were present: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: Council Member Williams. Mayor Taylor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 29, SERIES OF 1978 AN ORDINANCE ANNEXING 1.05 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWCX>D, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 29, SERIES OF 1978. Councilman Harper seconded the motion. November 6, 1978 Page 10 Councilman Smith stated he was not opposed to annexing property if the petitioners desire so. However, he was opposed to bringing in the properties under I-1 zoning because the City presently has I-1 areas that are unused. Councilman Smith stated he is not voting against these areas for the reason he does not want to see them come into the City because some of the areas are contiguous to the City but he was opposed to bringing in- dustrial zoned areas particularly those which are next to re- sidentially zoned areas even if they are in the County. Council- man Smith stated he felt an responsibility to the City's neigh- bors whether they are in the City of Englewood per se or not. Therefore, Councilman Smith stated he was voting against annex- ing them or bringing them in under the I-1 zone classification. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 30, SERIES OF 1978 AN ORDINANCE ZONING CERTAIN REAL PROPERTY ANNEXED TO THE CITY OF ENGLEWOOD, I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON: AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH: AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 30, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. City Attorney Berardini pointed out Council should first approve and accept the recomnendations from the Planning and Zon- ing CoDIDission on this matter and incorporate those recon111enda- tions as their own. Councilman Mann withdrew his motion and Councilman Harper withdrew his second to the motion. COUNCILMAN MANN MOVED TO APPROVE THE FINDINGS OF FACT, CONCLUSION AND RECOMMENDATIONS FROM THE PLANNING AND ZONING COM- MISSION THAT THIS PROPERTY BE ZONED I-1 AND TO ACCEPT THESE DOCU- MENTS AS COUNCIL'S OWN FINDINGS OF FACT, CONCLUSION AND RECOMMENDA- TIONS. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: November 6, 1978 Page 11 Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 30, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 31, SERIES OF 1978 AN ORDINANCE ANNEXING 2.50 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 31, SERIES OF 1978 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Absent: Council Members Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 32, SERIES OF 1978 November 6, 1978 Page 12 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. COUNCILMAN HARPER MOVED TO APPROVE AND ACCEPT THE FIND- INGS OF FACT, CONCLUSION AND RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION RELATING TO THIS PROPERTY AS THE COUNCIL'S OWN FINDINGS. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. Council Member Williams. Th~ Mayor declared the motion carried. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 32, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 33, SERIES OF 1978 AN ORDINANCE ANNEXING 2.232 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO, AND IMPOSING TERMS AND CONDITIONS THEREON. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 33, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Councilman Smith stated he would vote in favor of this annexation and zoning of this property (1600 West Tufts Avenue) because: 1) it will not affect local County residents since it is totally surrounded by industrial areas and 2) it is not near and does not split residential property. November 6, 1978 Page 13 Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO APPROVE AND ACCEPT THE FIND- INGS OF FACT, CONCLUSION AND RECO~DATIONS FROM THE PLANNING AND ZONING COMMISSION RELATING TO THIS PROPERTY AS THE COUNCIL'S OWN FINDINGS. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 34, SERIES OF 1978 AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. COUNCILMAN CLAYTON K>VED TO PASS ORDINANCE NO. 34, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * November 6, 1978 Page 14 INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 35, SERIES OF 1978 AN ORDINANCE APPROVING AN AGREEMENT ALLOWING THE CITY OF ENGLEWOOD, COLORADO TO USE LANDS AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN SCHOOL OWNED BY SCHOOL DISTRICT #1 OF ARAPAHOE COUNTY AND PROVID- ING FOR THE TERMS OF THE SAID USE. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 35, SERIES OF 1978 ON FINAL READING. Councilman Harper seconded the motion. COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY CHANGING SECTION 1 (e) FROM 90 DAYS TO 1 YEAR SO THAT SECTION 1 (e) READS: THE AGREEMENT IS CANCELLABLE BY EITHER ENGLEWOOD OR THE SCHOOL UPON ONE (1) YEAR'S WRITTEN NOTICE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY AMENDING THE AGREEMENT ON PAGE 3 PARAGRAPH (c) LINE 15 BY INSERTING AFTER THE WORD SCHOOL "AND CITY" AND IN LINE 16 INSERT AFTER SCHOOL'S "AND CITY'S MUTUALLY AGREED". Councilman Harper seconded the mo- tion. Upon a call of the roll, the vote restuled as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. Upon a call of the roll, the vote on the original motion to pass Ordinance No. 35, Series of 1978 on final reading resulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. November 6, 1978 Page 15 Nays: Absent: None. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE ANNEXING 5.882 ACRES, MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON l«>VED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF A BUILDING LOCATED AT 3333 SOUTH LINCOLN STREET IN ENGLEWOOD, COLORADO, TO THE HOUSING AUTHORITY OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN CLAYTON MOVED TO PASS THE BILL FOR AN ORDI- NANCE ON FIRST READING. Councilman Smith seconded the motion. Councilman Smith suggested that Council meet with the I Housing authority before the ordinance passes on final reading to discuss two points; namely, to better identify the use of the basement and the terms of the lease. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. November 6, 1978 Page 16 Nays: Absent: None. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE APPROVING A CONTRACT PROVIDING FOR A NON-GOVERNMENTAL ENTITY TO UNDERTAKE THE REPAIR, MAINTENANCE AND UPKEEP OF CERTAIN PROPERTY NOW USED BY THE CITY OF ENGLEWOOD FOR FREE, PUBLIC SHORT TERM PARKING, AND PROVIDING THAT SUCH PROPERTY WILL BE USED FOR SUCH PURPOSE FOR SO LONG AS SAID NON-GOVERNMENTAL ENTITY IS RE- QUIRED TO PERFORM THE OBLIGATIONS OF REPAIR, MAINTENANCE AND UP- KEEP ON THE SAME. COUNCILMAN HANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Harper seconded the motion. Councilmen Smith and Clayton voiced their objection in extending for 100 years, Council's obligation for the sub- ject property and the parking area. Councilman Smith stated he felt he could not coDIDit the City for that length of time. Coun- cilman Clayton stated he did not think such action would be good legislation. COUNCILMAN WEBER MOVED TO POSTPONE CONSIDERATION OF THE BILL UNTIL SUCH TIME AS COUNCIL CAN MEET WITH THE NEW OWNERS OF CINDERELLA CITY TO DISCUSS THE ISSUE FURTHER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN HANN A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD, November 6, 1978 Page 17 COLORADO, AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY, TO DEVELOP AND IMPLEMENT SOLUTIONS TO TRAFFIC AND PEDESTRIAN PROBLEMS WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Clayton seconded the motion. Councilman Smith requested to review the scope of the contract before the ordinance is passed on final reading to make sure specific problem areas are included in the study. In response to Councilman Weber's question, City Manager Mccown stated the study will cover the entire City of Englewood. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING CHAPTERS 3, 4, 6, 7, AND 8, TITLE V, OF THE 1969 ENGLEl«>OD KJNICIPAL CODE, AS AMENDED, RELATING TO PRO- BATIONARY APPOINTMENTS, SICK LEAVE, MATERNITY LEAVE, OFFICIAL HOLIDAYS, SALARY INCREASES, TUITION REFUND, HOURS OF WORK, OVER- TIME WOll, LIFE AND HEALTH INSURANCE BENEFITS, FOR GENERAL CAREER SERVICE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. City Manager Mccown stated that both the City's negotiat- ing team and the Englewood Employees' Association negotiating team I have questions on certain sections of this ordinance and requested that Council postpone passage of the bill until the next Council meeting. City Attorney Berardini urged Council to pass the bill at this meeting, make the amendments in the final bill and re- publish the ordinance because the wage schedule and benefits included in the bill are to take effect January l, 1979 and to delay passage would prohibit the ordinance from becoming effective at the firat of the year. November 6, 1978 Page 18 COUNCILMAN MANN MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: and the for Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. City Manager Mccown stated the City's negotiating team members from the Englewood Employees' Association will review ordinance with its amendments before it goes back to Council final passage. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE V, OF THE '69 E.M.C. IN- CREASING THE MONTHLY EXPENSES FOR THE BOARD OF CAREER SERVICE COM- MISSIONERS. COUNCILMAN MANN K:>VED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 59, SERIES OF 1978 A RESOLUTION INCREASING THE EXPENSES FOR THE PERSONNEL OF THE BOARD OF ADJUSTMENT AND APPEALS AND FOR THE PLANNING AND ZONING COMMISSION. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 59, SERIES OF 1978 AND TO ADD SECTION 3 THAT THESE INCREASES SHALL BE EFFEC- November 6, 1978 Page 19 TIVE JANUARY 1, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 55, SERIES OF 1978 A RESOLUTION APPROVING AH AGREEMENT FOR THE DISPOSAL OF INDUSTRIAL FLY ASH BETWEEN PUBLIC SERVICE COMPANY OF COLORADO, A COLORADO CORPORATION, AND THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION. At the request of Council, James Chambers, District Manager with the Public Service Company, 3470 South Broadway, appeared before Council to discuss the agreement. Mr. Chambers stated if Council does not act on the agreement, it will cause Public Service to negotiate a quicker contract with another agency at a much higher rate. City Attorney Berardini stated he has been informed by the City Attorney of Sheridan the agreement will be submitted to the Sheridan City Council at their meeting, Tuesday, November 7, 1978. COUNCILMAN MANN K>VED TO TABLE RESOLUTION NO. 55, SERIES OF 1978 INDEFINITELY. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 60, SERIES OF 1978 A RESOLUTION FORBIDDING SALE OF THE CHERRELYN HORSE CAR BY THE CITY OF ENGLEWOOD. I November 6, 1978 Page 20 COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 60, SERIES OF 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Clerk Watkins read a proclamation designating November 19 -26, 1978 as "Bible Week". COUNCILMAN SMITH MOVED TO PASS THE PROCLAMATION DECLAR- ING NOVEMBER 19 -26, 1978 AS "BIBLE WEEK". Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED THAT THE CITY MANAGER BE IN- STRUCTED TO SEND A COPY OF THE PROCLAMATION TO EVERY CHURCH IN THE CITY OF ENGLEWOOD. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. Absent: Council Member Williams. The Mayor declared the motion carried. * * * * * * City Attorney Berardini transmitted a memorandum con- ~erning Councilman Weber's request for age and residency require- November 6, 1978 Page 21 ments for service on City Council and Advisory Boards and Conmis- sions. * * * * * * City Attorney Berardini informed Council the case of Pickerell va the City of Englewood was tried on this date in Arapahoe District Court and the Court ruled in favor of the City. * * * * * * INTRODUCED AS BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 36, SERIES OF 1978 AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, FOR THE YEAR 1979 AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD COLORADO DOWNTOWN DEVELOPMENT AUTHORITY. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 36, SERIES OF 1978 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a letter from Mr. Philip J. Reilly, President, Mission Viejo Company concerning an agree- ment between the City of Englewood 4nd Mission Viejo relating to water. City Manager Mccown also presented a recoU11Jendation from the Water and Sewer Board to approve the contract proposal of Mis- s ion Viejo for a comprehensive raw water study. At the request of Council, Mr. Mayno Wilhelms, Director of Management Development Programs for the Mission Viejo Company, appeared before Council and discussed the proposal and its terms. COUNCILMAN SMITH MOVED TO CONCUR WITH THE RECO~NDATION OF THE WATER AND SEWER BOARD CONCERNING THE COMPREHENSIVE STUDY FOR RAW WATER LEASE TO MISSION VIEJO. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: I November 6, 1978 Page 22 Ayes: Nays: Absent: The Mayor Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Di- rector of Parks and Recreation to the City Manager concerning the Building Use Policy and Fees for the Malley Center. City Manager Mccown stated the policy and fees are based on a priority use of the building which has been approved previously by Council. COUNCILMAN SMITH MOVED TO APPROVE THE MEMORANDUM FROM THE PARKS AND RECREATION DIRECTOR CONCERNING THE BUILDING USE POLICY AND FEES FOR THE MALLEY CENTER. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried. * * * * * * Mayor Taylor comnented on the success of the Holiday Parade held November 4, 1978, and requested a letter be sent to the Parade Co11111ittee co11111ending them for their efforts. * * * * * * Councilman Clayton stated preparation plans need to be started for additional refreshment stand facilities for the 4th of July celebration at Centennial Park. * * * * * * Council decided to hold an executive study session before the next regular Council meeting to discuss the 1979 salaries for the City Manager and City Attorney. * * * * * * November 6, 1978 Page 23 There was no further business to be discussed. * * * * * * COUNCILMAN WEBER MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Weber, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Williams. The Mayor declared the motion carried and adjourned the meeting at 10:38 p.m.