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HomeMy WebLinkAbout1976-06-21 (Regular) Meeting MinutesCOUNCIL CHAMB~RS CITY OF ENGLEWOOD, COLORADO June 21, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 21, 1976 at 7:30 p.m. Mayor Pro Tern Clayton, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn of the Immanuel Lutheran Church Missouri Synod, 3695 South Acoma. The Pledge of Allegiance was led by Councilman Smith. Mayor Pro Tern Clayton asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, and Mayor Pro Tern Clayton. Absent: Mayor Taylor. Mayor Pro Tern Clayton declared a quorum present. Also present were: / City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Acting Director of Community Development Romans Dir. of Finance/City Clerk James Deputy City Clerk Varner • • • • • • City Clerk James noted that the last motion on page 11 of the City Council meeting minutes of June 7, 1976, should be corrected to read: "Councilman Smith moved and Councilman Clayton seconded a motion to table this item until after another meeting could be scheduled with the Water and Sewer Board and to do a comparative study." He also noted that the second motion on page 19 should be corrected to read: "Councilman Smith moved and Councilman Brown seconded a motion to direct the City Attorney to bring suit against the State of Colorado to properly fund the police and fire pension funds, and to encourage other cities and the CML to join in the suit." COUNCILMAN BROWN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO ACCEPT THE MINUTES OF THE JUNE 7, 1976 CITY COUNCIL MEETING AS AMENDED. Upon a call of the roll, the vote resulted as follows: June 21, 1976 Page 2 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • "Communications -No Action Recommended" on the agenda were considered: a. Minutes of the Englewood Housing Authority meeting of April 27, 1976. b. Minutes of the Planning and Zoning Commission meeting of May 18, 1976. c. Minutes of the Denver Regional Council of Governments meeting of May 19, 1976. d. Minutes of the Library Board meeting of June 8, 1976. e. Minutes of the Parks and Recreation Commission meeting of June 10, 1976. Reference item a., Councilman Sovern requested a status report on the management agreement between the Housing Authority and the City. City Attorney Berardini stated that the Housing Authority discussed the operation and management of the apartments for the elderly and the ground lease at their last meeting, and that he is preparing an outline form for the Housing Authority and City Council to consider. Mayor Pro Tern Clayton suggested that Council approve the new book selection policy adopted in the guidelines for the Englewood Public Library, as presented in item d. Councilman Smith proposed that the Library Board make a recommendation to Council concerning the changes in their guidelines. Reference item a., Councilman Smith stated his exception to the fact of the Housing Authority sending a mailgram to Washing- ton D.C. in support of a piece of legislation because they are in essence speaking for the City but are not elected officials of the City. City Attorney Berardini explained that since the Housing Authority is an independent agency they have the authority to take action on items of national legislation. Reference item c., Councilman Smith stated that he feels DRCOG should not become the Metropolitan Planning Organization June 21, 1976 Page 3 because the National League of Cities National Transportation Committee recommends that the MPO be made up primarily of elected officials. Councilman Sovern pointed out that the present MPO is the Joint Regional Planning Program and that the only organi- zation available at this time to take over is DRCOG. COUNCILMAN SMITH MOVED THAT CITY COUNCIL SEND A LETTER TO THE GOVERNOR AND A COPY TO THE JOINT REGIONAL PLANNING PROGRAM STATING THAT A MAXIMUM NUMBER OF ELECTED OFFICIALS SHOULD BE CONTAINED ON THE METROPOLITAN PLANNING ORGANIZATION WHEN IT IS DESIGNATED. The motion died for the lack of a second. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO RECEIVE THE "COMMUNICATIONS -NO ACTION RECOMMENDED" ON THE AGENDA. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. • • • • • • City Manager Mccown presented the minutes of the June 9, 1976 meeting of the Board of Adjustment and Appeals requesting legal counsel for the case the City has filed against them and Azar's. They further request that Attorney Richard L. Eason be obtained to represent the Board. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO ACCEPT THE RECOMMENDATION FROM THE BOARD OF ADJUST- MENT AND APPEALS REQUESTING LEGAL COUNSEL FOR CIVIL ACTION NO. 35468. Donald Seymour, 4750 South Lipan, Chairman of the Board of Adjustment and Appeals, was present and added that he had received a letter from the presiding judge suggesting that they have legal counsel. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. • • • • • • June 21, 1976 Page 4 Acting Director of Community Development Romans presented the following recommendations from the Planning and Zoning Commission concerning the proposed I-470 freeway: (1) favoring construction of the I-470 freeway; (2) that the routing should be the "Airport Diagonal" proposal; and (3) that the super grid proposal also be implemented in order to alleviate traffic problems in Englewood and the southwest quadrant of the metropolitan area. The proposed I-470 free- way would run from I-70 south of Golden to I-25 near the Arapahoe County Airport, and its main purpose would be to provide traffic relief. Ms. Romans reviewed the alternative routes which have been under consideration. Councilman Sovern stated that improvements need to be made in the City. He urged that no action be taken until Council is more informed and until more research can be made. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO POSTPONE ACTION CONCERNING THE I-470 FREEWAY UNTIL THE FIRST COUNCIL MEETING IN AUGUST. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO CONSIDER AGENDA ITEM 4a -ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT -AND AGENDA ITEM 4j -RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE 14-76 -AT THIS TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. June 21, 1976 Page 5 INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 24 SERIES OF 1976 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 MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 24, SERIES OF 1976, ON FINAL READ- ING. City Attorney Berardini suggested that Council adopt the findings of fact before passing the ordinance. Councilman Mann withdrew his motion, and Councilman Sovern withdrew his second. RESOLUTION NO. 28, SERIES OF 1976 A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS IN CASE NO. 14-76, ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, COLORADO, FROM AN UNZONED CLASSIFICATION TO I-1, LIGHT INDUSTRIAL DISTRICT. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS RESOLUTION NO. 28, SERIES OF 1976. Mr. Manning, 1540 West Tufts, appeared and requested permission to submit a current petition to Council regarding this case. City Attorney Berardini stated that further information should not be received by Council because the public hearing has been closed. Therefore, Council did not accept the petition. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 24 SERIES OF 1976 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. June 21, 1976 Page 6 COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS ORDINANCE NO. 24, SERIES OF 1976, ON FINAL READ- ING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO RENEW THE 3.2 FERMENTED MALT BEVERAGE LICENSE FOR JCP PROVISION CO., INC. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Assistant City Manager Nollenberger presented a recommendation from the Water and Sewer Board for approval of Supplement #49 to Southgate Sanitation District. This is a 37.5 acre parcel at the southeast corner of Orchard Road and South Quebec, which is currently being considered for annexation to Greenwood Village. The development is for mixed use of offices, commercial and residential. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE SUPPLEMENT #49 TO SOUTHGATE SANITATION DISTRICT AS RECOMMENDED BY THE WATER AND SEWER BOARD, CONTINGENT UPON GREENWOOD VILLAGE'S APPROVAL OF ANNEXATION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • I June 21, 1976 Page 7 Assistant recommendation from in the outside-City from inside rates. from 37% up to 50%. City Manager Nollenberger presented a the Water and Sewer Board for a revision water rates creating a 150% differential This would bring the differential overall COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO REVISE THE OUTSIDE-CITY WATER RATES CREATING A 150% DIFFER- ENTIAL FROM INSIDE RATES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Assistant City Manager Nollenberger presented a recommendation from the Water and Sewer Board for approval of an individual tap-on agreement with Elmer Waldow to the Valley Sanitation District for property in the 3700 block of South Clay Street. Mr. Waldow has approval from the Valley Sanita- tion District, but he still must obtain all requisite official signatures. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE INDIVIDUAL TAP-ON AGREEMENT FOR MR. WALDOW INTO THE VALLEY SANITATION DISTRICT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. I I I I I I Assistant City Manager Nollenberger presented a recommendation from the Water and Sewer Board for acceptance of the Industrial Cost Recovery Plan. June 21, 1976 Page 8 COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONSIDER AGENDA ITEM 4h AT THIS TIME -A BILL FOR AN ORDINANCE PROVIDING FOR THE RECOVERY FROM INDUSTRIAL-TYPE USERS OF CERTAIN COSTS RELATING TO FEDERALLY FUNDED BI-CITY TREATMENT PLANT WITHIN THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE RECOMMENDATION FROM THE WATER AND SEWER BOARD REFERENCE SEWER RATES FOR THE INDUSTRIAL COST RECOVERY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AMENDING SECTION 11, CHAPTER 4, OF TITLE XV, OF THE 19 69 ENGLEWOOD MUNICIPAL CODE, BY MAKING PROVISION FOR THE RECOVERY FROM INDUSTRIAL-TYPE USERS OF CERTAIN COSTS RELATING TO FEDERALLY FUNDED BI-CITY TREATMENT PLANT WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 11, CHAPTER 4, OF TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY MAKING PROVISION FOR THE RECOVERY FROM INDUSTRIAL-TYPE USERS OF CERTAIN COSTS RELATING TO FEDERALLY FUNDED BI-CITY TREATMENT PLANT WITHIN THE CITY OF ENGLEWOOD, COLORADO. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. June 21, 1976 Page 9 Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 25 SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 6, ENTITLED "OFFENSES AGAINST PUBLIC PEACE, SAFETY AND GOOD ORDER", OF TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW SECTION THERETO PROHIBITING THE SOLICITATION OF TOWING OR WRECKER BUSINESS. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS ORDINANCE NO. 25, SERIES OF 1976, ON FINAL READING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Mayor Pro Tern Clayton declared a recess at 9:05 p.m. Council reconvened at 9:20 p.m. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, and Mayor Pro Tern Clayton. Absent: Mayor Taylor. The Mayor Pro Tern declared a quorum present. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO POSTPONE AGENDA ITEMS 4c -AN ORDINANCE ESTABLISHING MINIMUM PENALTIES FOR DOGS RUNNING AT LARGE -AND 4d -AN ORDINANCE REQUIRING A COURT APPEARANCE FOR THOSE OWNERS OR PERSONS HAVING THE CUSTODY AND CONTROL OF ANY DOG RUNNING AT LARGE -UNTIL AFTER A MEETING WITH CHIEF HOLMES, JUDGE SWEARINGEN, AND THE PROSECUTING ATTORNEY. Upon a call of the roll, the vote resulted as follows: June 21, 1976 Page 10 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. I I I I I I INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 3, OF TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DISQUALIFYING CERTAIN EMPLOYEES RELATED BY BLOOD OR MARRIAGE FROM ORIGINAL APPOINTMENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 3, OF TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DISQUALIFYING CERTAIN EMPLOYEES RELATED BY BLOOD OR MARRIAGE FROM ORIGINAL APPOINTMENT OR PROMOTION WITHIN THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as I'ollows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. I I I I I I INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO BUS PASSENGER SHELTERS. COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO BUS PASSENGER SHELTERS. Councilman Sovern noted that in the presentation made by RTD at the last Council meeting there were only three locations approved with the rourth location to be worked out. June 21, 1976 Page 11 COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AMEND THE BILL FOR AN ORDINANCE BY DELETING NUMBER (3) UNDER SECTION 1, PARAGRAPH 1, AND ANY OTHER REFERENCE RELATED THERETO. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Attorney Berardini presented a Bill for an Ordinance which reduces the amount of revenues going into the Capital Improve- ment Account in order that monies could go into the General Fund and then be appropriated for the capital equipment replacements which are needed. He suggested that the effective date of September 1, 1976 be added to the Bill. INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE AMENDING SECTION 35, CHAPTER 4, OF TITLE XIII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY REDUCING THE AMOUNT OF REVENUES FROM THE SALES AND USE TAX DEPOSITED INTO A CAPITAL IMPROVEMENT ACCOUNT. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 35, CHAPTER 4, OF TITLE XIII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY REDUCING THE AMOUNT OF REVENUES FROM THE SALES AND USE TAX DEPOSITED INTO A CAPITAL IMPROVEMENT ACCOUNT; WITH AN AMENDMENT PROVIDING FOR THE EFFECTIVE DATE OF SEPTEMBER 1, 1976 AND ENDING DATE OF DECEMBER 31, 1976. Upon a call of the roll, the vote resulted as follows: June 21, 1976 Page 12 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO ANNUAL MILITARY LEAVE AND AUTHORIZING FULL PAY WITHOUT REDUCTION OF BENEFITS FOR THE FIRST FIFTEEN (15) DAYS THEREOF. COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO ANNUAL MILITARY LEAVE AND AUTHORIZING FULL PAY WITHOUT REDUCTION OF BENEFITS FOR THE FIRST FIFTEEN (15) DAYS THEREOF. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Attorney Berardini presented a brief report concern- ing the barking dog problem. He stated that the Noise Control Officer feels it may be feasible to use sound equipment in these cases but that more research is needed to make recommendations on how it could be implemented. Councilman Mann requested that a report be returned to City Council as soon as possible. • • • • • • City Attorney Berardini requested approval to defend the case filed against the City by Mountain Bell regarding the business and occupational tax. June 21, 1976 Page 13 COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO AUTHORIZE THE CITY ATTORNEY TO DEFEND THE CASE FILED AGAINST THE CITY BY MOUNTAIN BELL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Director of Public Works concerning a recent request for a pedestrian crossing signal on Floyd Avenue in the vicinity of Romans Park. Due to a survey taken by the Traffic Department, the Director of Public Works does not feel that a signal is justified for this area. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO SEND A LETTER TO MS. JANET WREN EXPLAINING THIS REPORT WITH A COPY TO CHIEF HOLMES, AND TO REQUEST A REPORT FROM THE POLICE DEPARTMENT OF THE ACCIDENTS IN THIS AREA. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Mann, Clayton. Nays: Council Members Williams, Brown. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO INSTALL AN ACTIVATED SIGNAL IN THE CENTER OF ROMANS PARK AT AN APPROXIMATE COST OF $2,400. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Brown, Mann. Nays: Council Members Williams, Sovern, Smith, Clayton. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion defeated. • • • • • • June 21, 1976 Page 14 City Manager Mccown asked Council's direction in scheduling public meetings for the Little Dry Creek study. He stated that the final report is being prepared and will be ready some time in July. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO POSTPONE SETTING THE PUBLIC HEARING DATE FOR LITTLE DRY CREEK UNTIL THE CITY COUNCIL MEETING ON AUGUST 2, 1976, AND TO SET UP A COMMITTEE TO PREPARE THE PRESENTATION AT THAT TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • I • • I City Manager Mccown stated that Council needs to reaffirm their approval for the Tax Conunittee to hold public meetings regarding the 1977 recommendations. The recommenda- tions for 1977 are as follows: "The Tax Committee reconmends the following reallocation of municipal revenues and new sources of revenue. Current 1977 Estimates Sales & Use Tax Revenue Sharing Surplus & Deficiency Receipts Utility Administrative Charges Amusement Tax Real Estate Transfer Tax Occupational Tax (Head Tax) Total Recommended Changes Total 1977 Revenues General Fund $7,199,825 1,415,718 (676,688) (80,000) 78,889 $ 737,919 $7,939,744 Public Improve- ment Fund $1,830,000 (1,415,718) 676,688 80,000 45,000 250,000 250,000 $ (114,030) $1,715,973 The basis for the above recommendations are included in the staff report. Rather than repeating them here, please refer to the appropriate sections of the report (pg. 31-42)." June 21, 1976 Page 15 COUNCILMAN SOVERN MOVED AND A MOTION TO GIVE DIRECTION TO THE TAX MEETINGS ON THE 1977 RECOMMENDATIONS. the vote resulted as follows: COUNCILMAN MANN SECONDED COMMITTEE TO HOLD PUBLIC Upon a call of the roll, Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO RESEARCH AND MAKE RECOMMENDATIONS AS TO THE LEGALITY OF THE 1977 RECOMMENDATIONS OF THE TAX COMMITTEE TO BE AVAILABLE ON JULY 29, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Director of Finance concerning the selection of an independent auditing firm for 1976 with the following recommendations: (1) consideration of a three-year contract; (2) consideration of hiring the auditing firm on or before January 1 each year; and (3) that Shepherd and Company continue as the City's audit- ing firm for the next two years. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ALLOW THE DIRECTOR OF FINANCE TO INSTITUTE A THREE- YEAR CONTRACT FOR THE CITY'S INDEPENDENT AUDITING FIRM, THAT IT BE NEGOTIATED FOR A JANUARY 1 STARTING DATE, AND THAT THE AUDIT- ING FIRM FOR THE NEXT TWO YEARS BE SHEPHERD AND COMPANY. Upon a call of the roll, the vote resulted as follows: Mann. Ayes: Council Members Williams, Sovern, Smith, Brown, Nays: Mayor Pro Tern Clayton. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • June 21, 1976 Page 16 City Manager Mccown noted that the report concerning the meeting for possible relocation assistance for the three businesses located on the corner of Lincoln and Girard will be presented at the July 6th Council meeting. • • • • • • City Manager Mccown stated that a report will be made at the July 6th Council meeting concerning the proposed revision to the 2700 block of South Elati Street with General Iron. • • • • • * City Manager Mccown requested Council's approval to schedule a 5:00 p.m. meeting on June 28 to consider a refunding proposal for the general obligation housing bonds for the apart- ments for the elderly. He stated that Walt Imhoff of Hanifen, Imhoff and Samford would be available for discussion. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO MEET AT 5:00 P.M. ON JUNE 28, 1976 TO CONSIDER THIS ITEM. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • * • * * COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO AUTHORIZE THE CITY ATTORNEY TO INSTITUTE LEGAL PROCEED- INGS AGAINST WINDERMERE WAREHOUSES INC. AND ALL OTHER INTERESTED PARTIES WITH RESPECT TO THE CORRECTION OF THE HAZARDOUS SITUATION AT THAT LOCATION RELATIVE TO THE RETAINING WALLS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor The Mayor Pro Tern declared the motion carried. • • • • • • June 21, 1976 Page 17 City Manager Mccown reported that the owners of the lot at the southwest corner of Santa Fe and Dartmouth are ready to sell at the appraised price of $80,000. He stated that all of the alternatives in the Little Dry Creek recommendations involve the City obtaining that lot, and that the Highway Depart- ment will also need a portion of this property for their improve- ments to Santa Fe and Dartmouth. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ALLOW THE CITY MANAGER TO ENTER INTO NEGOTIATIONS FOR THIS PROPERTY AT A MAXIMUM AMOUNT OF $80,000. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton. Nays: Council Members Williams, Mann. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried. • • • • • • Councilman Sovern requested the Council Members to urge the participation of other municipalities to join in the law suit against the state concerning the two emergency pension plans while at the Colorado Municipal League. • • • • • • Councilman Sovern noted that a population policy resolu- tion will be before the Denver Regional Council of Governments on July 21st, and discussion followed. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO ADJOURN THE MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Absent: Mayor Taylor. The Mayor Pro Tern declared the motion carried, and the meeting was adjourned at 10:45 p.m. ~11".P_Jl.-tfiii"". __ City Clerk lfj!?'