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HomeMy WebLinkAbout1976-01-05 (Regular) Meeting Minutes [2]COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO January 5, 1976 ·REGULAR _MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 5, 1976 at 7:50 p.m. Mayor Pro Tem Mann, presiding, called the meeting to order. Mayor Pro Tem Mann asked for roll call. Upon the call of the roll, the following were present: Council Members Sovern, Brown, and Mann. City Clerk read the list of eligible newly elected Council members: David B. Clayton, at large; James L. Taylor, at large; Donald L. R. Smith, District l; Donald W. Williams, District 3. Honorable Hayden A. Swearingen, Judge of Englewood Municipal Court, administered the oath of office to Councilmen- elect Clayton, Taylor, Smith, and Williams; and temporary seats were assumed. Mayor Pro Tem Mann asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Absent: None. Mayor Pro Tem Mann declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Director of Finance James Acting Director of Community Development Romans Deputy City Clerk Varner • • • • • • COUNCILMAN BROWN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION THAT COUNCILMAN TAYLOR BE NOMINATED TO THE POSITION OF MAYOR FOR THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: January 5, 1976 Page 2 Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor Pro Tern declared the motion carried. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION THAT THE NOMINATIONS FOR MAYOR BE CLOSED, AND THAT COUNCILMAN TAYLOR BE ELECTED MAYOR. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor Pro Tern declared the motion carried, and Councilman Taylor assumed the position of Mayor for the City of Englewood. • • • • • • COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT COUNCILMAN CLAYTON BE NOMINATED TO THE POSITION OF MAYOR PRO TEM FOR THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT THE NOMINATIONS FOR MAYOR PRO TEM BE CLOSED, AND TJiAT COUNCILMAN CLAYTON BE ELECTED MAYOR PRO TEM. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried, and Council- man Clayton assumed the position of Mayor Pro Tern for the City of Englewood. The permanent seating arrangements were given. • * * * * * I January 5, 1976 Page 3 Mayor Taylor presented placques as a token of appre- ciation to retiring Council Members Jones and Blessing. • • • • • • Newly elected Councilmen Smith, Williams, Clayton, and Mayor Taylor introduced members of their families that were present. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO DESIGNATE THE ENGLEWOOD HERALD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION THAT THE FOLLOWING COUNCIL MEMBERS BE PLACED ON THE FOLLOWING BOARDS AND COMMISSIONS: PARKS AND RECREATION -BROWN, MANN; PLANNING AND ZONING -WILLIAMS, BROWN; PUBLIC LIBRARY - CLAYTON; WATER AND SEWER BOARD -MAYOR TAYLOR, MANN, SOVERN; FIREMEN'S PENSION BOARD -MAYOR TAYLOR; POLICEMEN'S PENSION BOARD -MAYOR TAYLOR; RETIREMENT BOARD -WILLIAMS, SMITH; SCHOOL-CITY JOINT COMMITTEE -CLAYTON, BROWN; DRCOG REPRESEN- TATIVES -SOVERN, BROWN (ALTERNATE). Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • * . * .• COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION THAT COUNCILMAN BROWN REMAIN ON THE PLANNING AND ZONING COMMISSION UNTIL THE FIRST MEETING IN FEBRUARY DUE TO UNFINISHED BUSINESS, AND THEN TO APPOINT COUNCILMAN SMITH TO THE PLANNING AND ZONING COMMISSION. Upon a call of the roll, the vote resulted as follows: January 5, 1976 Page 4 Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CONSIDER THE VACANCY ON THE PLANNING AND ZONING COMMISSION DUE TO THE RESIGNATION OF CHAIRMA~ ARTHUR L. MARTIN. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO ACCEPT, WITH REGRET, THE RESIGNATION OF ARTHUR L. MARTIN, CHAIRMAN OF THE PLANNING AND ZONING COMMISSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO APPOINT LEE JONES TO SERVE ARTHUR L. MARTIN'S TERM ON THE PLANNING AND ZONING COMMISSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Harold Rust, Englewood District Manager of the Public Service Company, presented Council with the franchise check for the fourth quarter of 1975. The amount for gas J anuar y 5 , 197 6 Page 5 was $19,000 and the amount for electric was $40,000 for a total check of $59,000. Mayor Taylor pointed out that Mr. Rust was elected by the Englewood Herald Sentinel as the man of the year for 1975. • • • • • • Sid Overton, 1975 President of the Englewood Chamber of Commerce, made a presentation ta Council concerning the contribution to the Chamber of Commerce for 1976. He gave a summary of the main events for 1975 of the Chamber and out- lined their budget. He analyzed the relationship between the City of Englewood and the Chamber of Commerce and presented ways in which they could best work together. The contribu- tion request for services of the Chamber of Commerce for 1976 is $10,000. Councilman Mann expressed his concern regarding the incorporation of the United Suburban Chamber of Commerce in relationship with the Englewood Chamber of Commerce. In answer to Councilman Mann's question regarding the United Suburban Chamber, Mr. Overton stated that they do not intend to ask the City of Littleton for a contribution because they have their own chamber of commerce and that the president for this year will have to make the decision regarding a contribution from the County. Councilman Smith stated that Council has not yet reviewed the contributions for 1976. Mayor Taylor explained that the distribution of monies budgeted for 1976 contribu- tions is on the agenda for the next Council meeting study session of January 19, 1976, and that the contribution for the Chamber of Conunerce will be discussed at that time. An answer from Council will be presented at that Council meet- ing. • • • • • • Keith Weir, Director of the Arapahoe House, was present representing the Arapahoe County Detoxification Task Force regarding their 1976 contribution. He presented a status report to Council of the Arapahoe House. In answer to Councilman Mann's question, City Manager Mccown stated that the money for this contribution will be appropriated out of the increase in liquor occupa- tional taxes. In response to Councilman Clayton, Mr. Weir stated that the Task Force Board invites the City to have a member to serve on the Board. January 5, 1976 Page 6 Mr. Weir stated that they are requesting a donation of $5,000 and that they are also requesting this same amount from the Cities of Littleton and Aurora. Councilman Sovern congratulated the Task Force on the progress they ha:e :ad:· * * * I Mayor Taylor recessed the Council meeting at 8:40 p.m. Council reconvened at 8:55 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Absent: None. The Mayor declared a quorum present. • • • • • • COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CONSIDER ITEM 17, "OTHER VISITORS", OUT OF AGENDA SEQUENCE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Clayton, Brown, Mann, Taylor. Nays: Council Member Sovern. The Mayor declared the motion carried. Vern Schupp, President of the Arapahoe County Council for Senior Citizens, was present to request the appointment of Councilman Clayton as the City's official representative to this Council. Mayor Taylor stated that this will be taken under consideration. Councilman Clayton announced that there is a list available now in the City Manager's office of positions that will be open on the various boards and commissions within the next couple months. Councilman Sovern explained his reason for voting nay on the last motion. He stated that the agenda item "other visitors" is placed at the end of the meeting for the purpose of streamlining the procedures, and this item has been taken out of sequence at the last two meetings. He said that he did not feel, however, that Mr. Schupp should be considered under the category of "other visitors". I January 5, 1976 Page 7 Mayor Taylor stated that the main reason for taking this item out of agenda sequence was because of the public hearing which would probably be lengthy. • • • • * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PUBLIC HEARING ON THE APPLICA- TION FOR RETAIL LIQUOR LICENSE BY THE LIQUOR BARN, 4415 SOUTH . BROADWAY. Upon a call of the roll, the vote resulted a~ follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. Director of Finance James was sworn in and gave a presentation to Council regarding this application. He stated that the application has been submitted in complete and proper form, as well as all other required documents, and that all fees have been remitted. Attorney Richard D. Dittemore of Overton, Dittemore and Nutt, Suite 870, Continental National Bank Building, 3333 South Bannock, Englewood, was present representing the appli- cants Rudolph Tisch, Anita Tisch, and Judith McGee. He presented the City Clerk with two items for the record -an affidavit of posting which took place November 15, 1975 through January 5, 1976; .and a letter dated January 5, 1976 and signed by the three applicants regarding the lease agreement. Mr. Dittemore then called on Rudolph Tisch for testimony. Rudolph C. Tisch, 7032 South Franklin, Littleton, was sworn in and made the following statements in response to Mr. Dittemore and Council's questions. He was previously engaged in the insurance and invest- ment business, but is now pursuing the Liquor Barn as a business of his own. The building was purchased in August 1975, and Mr. and Mrs. Tisch are the present owners. He stated that the interior has been remodeled by removing the interior parti- tions and creating a large open area. The exterior will be beautified to conform to the general configurations of a barn. The garage and lean-to will be removed and the rear will be blacktopped for parking. Mr. Tisch presented an artist's draw- ing and the current floor plans which were submitted to the City Clerk for the record. He stated that the initial floor January 5, 1976 Page 8 plans were changed somewhat to conform to the City Building Code. Aside from the purchase of the building which was $31,000, Mr. Tisch estimated that the capitol expense will be from $20,000 to $25,000 for additional renovations and not including any stock. The Liquor Barn will be a family owned business, with Mr. and Mrs. Tisch operating and manag-I ing it 90% of the time. The planned business hours will be from 9:00 or 10:00 a.m. until 11:30 or 12:00 midnight. Mr. Tisch stated that he was actively involved in the petitioning and that the majority of signatures are of residents. The general response was interest in the hours because presently in that immediate area liquors or wines cannot be purchased after 9:00 or 9:30 p.m. He stated that the main reason against the Liquor Barn was religious beliefs. The counting of the petitions was done by George Price, who was also active in the petitioning. Clyde A. Cole, 2845 South Winona Court, Denver, was sworn in to give testimony regarding the drawing. Mr. Cole is the artist, and he stated that the drawing is on a forty foot scale. Mr. Tisch further stated that he does not plan to purchase the neighboring restaurant at this time, nor does he presently plan any additions to the existing building. The upstairs has been sealed but can be used for storage, and the basement is only a small opening containing the fur- nace. Mr. Tisch estimated that there will be approximately 1,100 square feet of retail selling space besides the stock room and the small office space. He reported that he has never had a liquor license before. City Clerk outlined the existing liquor outlets in the 144 square block area including Araps, Del Farm, Drug Fair, Cherrelyn Drug, Hilda's Cafe, and Seven-Eleven, as well as those outside this area including Studio Lounge, Supreme Liquors, U-Totem, Ground Round, Leaning Tower of Pizza, and Valu Supermarket. Mr. Tisch stated that the inventory will be approximately $30,000. The Liquor Barn will be a discount liquor store, but they cannot rival with a warehouse or other large outlet of this type. His previous experience was liquor store manager for three years in New York. City Attorney Berardini explained that this appli- cation is for a three-way package store license for the sale of alcoholic beverages, vinous, and beer other than 3.2 beer. He further explained the difference between a retail liquor store license and a drug store liquor license. January , 1 7 6 Page 9 Anita L. Tisch, 7032 South Franklin, Littleton, was sworn in. She stated that she agrees with the testimony of Mr. Tisch. She was also active in the petitioning and found the general response to be enthusiastic, with a hand- ful of people being against the application due to personal or religious reasons. Mrs. Tisch stated that most people feel they cannot purchase what they want when they need it, and that they are presently restricted by time limits and distance to an open liquor outlet later in the evenings. George Price, 839 Ogden, Denver, was sworn in. He stated that he was employed by Mr. Tisch, and he super- vised part of the petitioning of the 144 square block area which took place prior to Christmas. He found the general response of the people to be pleased with another liquor store with better hours and that the existing outlets are insufficient to meet their needs and wants. Leo Cunningham, 4495 South Broadway, was sworn in to testify for the application. He stated that the location of the Liquor Barn would be more convenient for him. Flora Cunningham, 4495 South Broadway, was sworn in to testify for the application. She stated that she feels the needs of the people are not presently being met. Ida Velasquez, 4500 South Acoma, was sworn in to testify for the application. She stated that this location would be more convenient for her, and she feels that the needs of the people are not presently being met. Ronald Chacom, 4500 South Acoma, was sworn in to testify for the application. He stated that the Liquor Barn would be more convenient for him as he usually has to walk. Robert Lucas, 3062 South Zenobia, Denver, was sworn in to testify for the application. He owns property at 4425 South Broadway and feels the Liquor Barn would be more convenient for him and his tenants. Joel Stempil, 1790 East Easter Avenue, Littleton, was sworn in to testify for the application. He stated that the location would be convenient for him. Mr. Dittemore stated that he would rest his case. Clyde Cole stated that this building is 75 years old, and to bring it back into service would be an honor for Englewood. No one else appeared to speak for this application. January 5, 1976 Page 10 M. M. Summers, 3140 South Delaware, was sworn in to testify against this application. Mr. Summers discussed the bad points dealing with liquor. City Attorney Berardini advised Mr. Summers that, since he is not a resident or owner or manager of property within the area, his testimony cannot be received unless Council does not make objection. Mr. Dittemore stated that he did not object to Mr. Summers stating his views on this matter. City Attorney Berardini and Council discussed the legalities that must be followed in this public hearing. Mr. Summers continued by stating he feels this is not good for the City and another liquor outlet is not needed. He also pointed out that the publication notice in the news- paper did not conform to the law. Greg Bennett, 4197 South Lincoln, was sworn in to testify against this application. Mr. Bennett is manager of Drug Fair. He pointed out that the petitions were circulated during the holiday season when parties are more likely. He stated that the crime factor would be a problem, and he feels a new liquor outlet in this area is not good for Englewood at this time. The inventory at Drug Fair will be approximately $40,000 after their expansion, and they will have a larger selection of wines and liquors. Drug Fair will not have a separate entrance into the liquor store, and there will be no back entrance. In response to Mr. Dittemore's question, Mr. Bennett stated that the liquor store at Drug Fair is a sideline. Jack Hannon, owner of Supreme Liquors, 5112 South Broadway, appeared to speak against this application. City Attorney Berardini stated that Mr. Hannon's testimony could not be considered because he is outside the designated area. Mr •. Dit~emore made legal objection to Mr. Hannon's testimony. Councilman Mann expressed his opposition to this new procedure. Wayne Burget, 4108 South Inca, was sworn in to testify against this application. He pointed out that this type of application is the reason behind the need for the Alcohol Detoxification Task Force which was discussed earlier in the meeting. Mayor Taylor stated that Council must follow the Colorado state liquor laws regardless of personal beliefs. Mr. Dittemore summed up his presentation by saying that the needs of the citizens as shown by the petitions and testimony must be considered in this hearing. I January 5 , 19 76 Page 11 COUNC I LMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING ON THE APPLICATIO N FOR RETAIL LIQUOR LICENSE BY THE LIQUOR BARN, 4415 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION THAT COUNCIL TAKE THIS UNDER ADVISEMENT AND GIVE AN ANSWER TO THE APPLICANTS ON FEBRUARY 2, 1976 AT THE REGULAR CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Mayor Taylor recessed the Council meeting at 11:00 p.m. Council reconvened at 11:15 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Absent: None. The Mayor declared a quorum present. • • • • • * "Communications -No Action Recommended" on the agenda were all accepted: (a) Minutes of the Tax Committee meeting of December 8, 1975. (b) Minutes of the Career Service Board meeting of December 18, 1975. (c) Minutes of the Citizens Steering Committee meetings of December 10 and December 16, 1975. (d) Minutes of the Police Pension Board meetings of December 11 and December 22, 1975. January 5, 1976 Page 12 (e) Minutes of the Election Commission meetings of December 18 and December 23, 1975. (f) Minutes of the Planning and Zoning Commission meetings of November 25 and December 2, 1975. (g) Financial Report for the month of November 1975. (h) Memorandum from Don Smith, Councilman, to the City Council concerning attendance at the National League of Cities Conference in Miami Beach, Florida on November 30 through December 4, 1975. Councilman Mann complimented the Career Service Board for the changes in job description titles as presented in their meeting minutes of December 18, 1975 (agenda item 13-b). He also agreed with Councilman Smith's recommendation that the City order cassettes made at the study sessions of the National League of Cities Conference (agenda item 13-h). * * * * * * City Manager Mccown presented two rezoning recommenda- tions from the Planning and Zoning Commission. Acting Director of Community Development Romans made a brief presentation to Council regarding this rezoning. She stated that the rezoning is for the land between Hampden Avenue and Ithaca which is presently zoned R-3 and R-4 to be rezoned to B-2. Ms. Romans outlined the affected area on the map. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE REZONING THAT LAND BETWEEN HAMPDEN AVENUE AND ITHACA PRESENTLY ZONED R-3 AND R-4 TO B-2. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * • * * * * City Manager Mccown presented the recommendation from the Parks and Recreation Commission that the Senior Citizens Center be named Centennial Center for Senior Citizens. He stated that this project will not be constructed until 1977 and recommended that this item be tabled. I January 5, 1976 Page 13 COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE THIS RECOMMENDATION FROM THE PARKS AND RECREA- TION COMMISSION UNTIL SOME TIME IN THE FUTURE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a recommendation from the Parks and Recreation Commission renaming Interchange Park and Mini-Park to Skerritt Park in honor of Mr. Thomas Skerritt. Councilman Mann stated that he would like to see parks named after people who are alive. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE THIS RECOMMENDATION FROM THE PARKS AND RECREA- TION COMMISSION INDEFINITELY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Clayton, Taylor. Nays: Council Members Williams, Sovern, Smith, Brown. The Mayor declared the motion defeated. COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO RENAME MINI-PARK SKERRITT PARK AFTER THOMAS SKERRITT, ENGLEWOOD'S FIRST SETTLER. Councilman Mann stated there has been some talk about building a museum, and he would like to see Mr. Skerritt's name held open for it rather than the little park. Councilman Smith said Mr. Skerritt's name does not need to be held open since several things could be named after him. He also stated that the City needs to honor citizens more who have done impor- tant things in Englewood. Councilman Sovern pointed out that there are plans to make this park bigger. Upon a call or the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown. Nays: Council Members Mann, Taylor. January 5, 1976 Page 14 The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented and explained a Bill for an Ordinance regarding overtime for firefighters. INTRODUCED BY COUNCILMAN SMITH, A BILL FOR AN ORDINANCE Ali;ENDING SECTION 3 (a), CHAPTER 7, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ESTABLISHING A NEW METHOD OF COMPUTING OVERTIME FOR FIREFIGHTERS ON AN EMERGENCY CALL-BACK BASIS AND NONEMERGENCY CALL-BACK BASIS. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 3(a), CHAPTER 7, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ESTABLISHING A NEW METHOD OF COMPUTING OVERTIME FOR FIREFIGHTERS ON AN EMERGENCY CALL-BACK BASIS AND . NONEMERGENCY CALL-BACK BASIS. A discussion followed between Councilmen Mann and Sovern regarding firefighters' hours. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * • • • * • City Attorney Berardini presented and explained a Bill for an Ordinance regarding leave of absence for pregnant employees. INTRODUCED BY COUNCILMAN WILLIAMS, A BILL FOR AN ORDINANCE AMENDING SECTION 12(a), CHAPTER 3, TITLE V, THE 1969 ENGLEWOOD MUNICIPAL CODE, BY AUTHORIZING LEAVE OF ABSENCE WITHOUT PAY TO PREGNANT EMPLOYEES WITHOUT EFFECTING TERMINATION OF EMPLOYMENT. Janua ry 5 , 19 76 Page 1 5 COUNCILMAN WILLIAMS MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 12(a), CHAPTER 3, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY AUTHORIZING LEAVE OF ABSENCE WITHOUT PAY TO PREGNANT EMPLOYEES WITHOUT EFFECTING TERMINATION OF EMPLOYMENT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 1, SERIES OF 1976 A RESOLUTION CONCERNING THE LOCATION OF THE SENIOR CITIZENS RECREATION CENTER. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 1, SERIES OF 1976. Councilman Mann presented a memorandum to Council which reads as follows: To: From: Date: Subject: Whom It May Concern Vern Mann, Mayor Pro Tern January 5, 1976 Agenda Items -14Bi and 15C I believe that it is a tragedy that within this community we have factions that can dictate the location of a most important facility such as the senior recreation center. I suppose there has been a lot of arm-twisting behind the scenes by certain financial private entities who have led the fight for two years now to keep the City from building this facility on the old police/fire building site. I still consider this location ideal for this recreational center, and I take exception to this type of government. Maybe I am still a little old fash- ioned in my belief that the electorate is supposed to have input into these types of decisions. I have nothing against these people who are donating their time to help raise money for this facility, but I do take exception to their reasoning by accepting large donations rrom special interest groups who are only concerned with the location. I would much rather see smaller donations from thousands of citi- zens who are int.erested in a recreation center for older Ameri- cans. I think this is much more appropriate and gives this type January 5, 1976 Page 16 of facility a much better chance of success within the community and also gives the majority a chance to decide where it should be located. Originally this fund raising group was to raise funds for a community center for all citizens of Englewood rather than I just the elderly. I would much rather see this type of program followed. I am still of the opinion that for a much smaller amount of money the old police/fire building can be remodeled and used by the elderly to a great advantage --to them and the community, and that this fund drive be for all citizens of Englewood. The City spent approximately $10,000 for a facility study con- sultant last year (A-B-R Associates), and their final report indicated that the old police/fire building was an ideal loca- tion for the elderly recreation center. Also, the Englewood Chamber of Commerce spent approximately $500 for a plan on this site to build a park and recreation center. They even produced a model of the same. The Englewood Recreation Department has been very interested in locating the recreation center on this site. I have tried my best to listen to these experts and pro- fessionals and to consider their expert opinions. This is what I have done. This is what the citizens of this community pay for when the Council hires consultants to help make these deci- sions. As yet there have not been any Rinker report suggestions considered seriously in my opinion. I do not think it is fair or reasonable, on this short of a notice, to ask the new Council members to decide on a issue that is this important to the community. Furthermore, I am concerned with the legal aspects of this type of an endeavor of a City Council who, in my interpretation, is supposed to represent all citizens instead of a minority. /s/Vern Mann, Mayor Pro Tern Councilman Sovern stated that Council cannot act for all of the people all of the time. Councilman Mann made a motion that this item be tabled until February 17. Mayor Taylor pointed out that there is already a motion on the floor. A discussion between Council members followed. Mayor Taylor declared the original motion to have precedence, and the vote on the original motion resulted as follows: Ayes: Council Members Sovern, Smith, Clayton, Brown, Taylor. January 5, 1976 Page 17 Nays: Council Members Williams, Mann. The Mayor declared the motion carried. In answer to City Manager McCown's question, City Attorney Berardini stated that regarding Resolution No. 18, Series of 1975, a separate condemnation clause will be needed. • • • • • • City Manager Mccown presented a resolution amending the 1976 budget and explained the changes. He stated that the changes were necessary because of the elimination of the paving district for 1976, the City Library participating in a program to purchase equipment for handicapped people, and the increase in insurance costs. A discussion between City Manager Mccown and Council followed. RESOLUTION NO. 2, SERIES OF 1976 A RESOLUTION AMENDING THE 1976 BUDGET IN THE GENERAL, PUBLIC IMPROVEMENT, WATER, AND SEWER FUNDS. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 2, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried •. • • • • • • INTRODUCED BY COUNCILMAN SOVERN, A BILL FOR AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $2,225,000, FOR THE PURPOSE OF CONSTRUCTING A RESIDENCE STRUCTURE OF APPROXIMATELY 104 UNITS, FOR THE ELDERLY; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. January 5, 1976 Page 18 COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE TO CONTRACT AN INDEBT- EDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT OF $2,225,000, FOR THE PURPOSE OF CONSTRUCTING A RESIDENCE STRUCTURE OF APPROXIMATELY 104 UNITS, I FOR THE ELDERLY; PRESCRIBING THE FORM OF SAID BONDS AND PROVID- ING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON, AND PROVIDING OTHER DETAILS IN CONNECTION THEREWITH. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO SET A PUBLIC HEARING ON THIS BILL FOR AN ORDINANCE FOR JANUARY 19, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 3, SERIES OF 1976 A RESOLUTION AWARDING THE BID FOR THE GENERAL OBLIGATION HOUSING BONDS, SERIES OF 1976. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 3, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Janu ary 5, 1976 Page 19 City Manager Mccown announced that there will be a public hearing on January 6 1 1976 by the Planning and Zoning Commission regarding the rezoning of the area bounded by Kenyon on the north, Oxford on the south, Broadway/Lincoln alley on the west, and Sherman/Grant alley on the east. • • • • • • City Manager Mccown asked for direction from Council regarding the procedure to be used for the selection of posi- tions on Boards and Commissions for vacancies on February 1, 1976. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO FOLLOW THE PROCEDURES USED IN THE PAST FOR THE SELECTION OF POSITIONS ON BOARDS AND COMMISSIONS FOR VACANCIES ON FEBRUARY 1, 1976; AND TO DIRECT THE CITY MANAGER TO PUBLISH IN THE NEWSPAPER A LIST OF THE VACANCIES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager Mccown stated that a letter had been received from the Community Arts Symphony requesting a $2,500 donation. He recommended that Council accept this letter. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT ALL REQUESTS FOR DONATIONS AND THAT THEY ALL BE REFERRED TO THE NEXT BUDGET STUDY SESSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • I I Councilman Sovern asked that the City Attorney draw up an ordinance regarding farm animals and exotic animals within the City limits. This is in reference to a letter that has been received. Mayor Taylor asked City Manager Mccown to answer the letter. I I I I I I January 5, 1976 Page 20 Councilman Brown stated he would like to have the word "God" left in and used in the swearing in process. • • • • • • Councilman Mann League has authorized the for franchise taxes. * * stated that the Colorado Municipal I appeal regarding the telephone charges • • • • Councilman Smith stated that Reverend Sherman Miller will soon be celebrating his 35th anniversary as pastor at the First Christian Church. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS A PROCLAMATION FOR REVEREND SHERMAN MILLER FOR HIS THIRTY-FIVE YEARS OF SERVICE AS PASTOR AT THE FIRST CHRISTIAN CHURCH. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Clayton, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried and adjourned the meeting at 12:45 a.m.