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HomeMy WebLinkAbout1976-07-06 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 6, 1976 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 6, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend William Rhoades of Englewood First United Presbyterian Church, 3500 South Logan Street. The Pledge of Allegiance was led by Boy Scout Troup #154. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Clayton, and Mayor Taylor. Absent: Council Member Brown. The Mayor declared a quorum pre~ent. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Acting Director of Community Development Romans Library Director Lute Dir. of Finance/City Clerk James Deputy City Clerk Varner • • • • • • Mayor Taylor noted that Councilman Brown has been excused from this meeting. COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE CITY COUNCIL MEETING OF JUNE 21, 1976. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. July 6, 1976 Page 2 City Clerk James stated that the word "contract" should be changed to "ordinance provision" on line 1, page 2, of the Council minutes of June 28, 1976. COUNCILMAN MANN MOVED TO ACCEPT THE MINUTES OF THE CITY COUNCIL MEETING OF JUNE 28, 1976, AS CORRECTED. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith; Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Assistant City Manager Nollenberger and Library Director Lute made a presentation to Council as a contribution to the Centennial-Bicentennial year in an effort to preserve some of Englewood's history. They presented a plaque of mayors' pictures and plaques of council members' names from 1903 to present, which was accomplished through research of Council minutes and newspaper articles back to 1903. • • • • • • Harold Rust, District Manager of Public Service Company, 3470 South Broadway, was present to deliver the franchise check for the second quarter of 1976 in the amount of $62,800. Mr. Rust noted that this will be the last time he will deliver the check because he will be retiring this fall. • • • • • • Betty Chaput, 3372 South Pearl, was present to deliver a petition to Council for establishing a two-hour parking zone in the 3300 block of South Pearl because of the parking problem near Swedish Hospital. COUNCILMAN MANN MOVED TO DIRECT THE CITY MANAGER TO INVESTIGATE THE POSSIBILITY OF TWO-HOUR PARKING IN THE 3300 BLOCK OF SOUTH PEARL. Councilman Williams seconded the motion. Councilman Mann inquired about the property and facil- ities owned by Swedish Hospital for parking. John Oswell, Planning Director of Swedish Hospital, was present and stated they recognize the parking problems and are taking action to address some of these problems. I July 6, 1976 Page 3 Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON MOVED TO RECOGNIZE MR. ARNOLD HOLLINGSWORTH UNDER AGENDA ITEM "OTHER VISITORS" AT THIS TIME. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Mann, Clayton, Taylor. Nays: Council Members Sovern, Smith. Absent: Council Member Brown. The Mayor declared the motion carried. Arnold Hollingsworth, 4530 South Delaware, presented a petition to Council requesting the installation of a stop sign at the corner of Delaware and Stanford for the purpose of enforcing the existing speed limits. COUNCILMAN CLAYTON MOVED THAT CITY COUNCIL ACCEPT THE PETITION PRESENTED BY MR. HOLLINGSWORTH. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • * "Communications -No Action Recommended" on the agenda were received: a. Minutes of the Tax Committee meetings of June 14 and June 22, 1976. b. Minutes of the Employees Retirement Board meet- ing of June 17, 1976. July 6, 1976 Page 4 c. Minutes of the Board of Career Service Commissioners meeting of June 17, 1976. d. e. f. Minutes of the Planning and Zoning Commission meeting of June 8, 1976. Financial Report for the month of May, 1976. Memorandum from the Chief of Police to the City Manager concerning accidents on Floyd Avenue in the vicinity of Floyd Park. * * * * I I Acting Director of Community Development Romans presented a recommendation from the Planning and Zoning Commission for vaca- tion of the alley in Block 9, Jackson's Broadway Heights. The owners of the property adjoining the alley have requested that the alley be vacated because of some question as to the ownership of the alley. COUNCILMAN SOVERN MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON THE VACATION OF THE ALLEY IN CASE #21-76 IN ACCORDANCE WITH THE FINDINGS OF FACT OF THE PLANNING AND ZONING COMMISSION. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Acting Director of Community Development Romans presented a recommendation from the Planning and Zoning Commission for annexa- tion of a parcel of land at the southeast corner of South Windermere Street and West Stanford Avenue. A petition for annexation has been submitted by Friedman and Son, Inc. Ms. Romans stated there is also an annexation agreement for additional right-of-way for South Windermere and for the south half of West Stanford Avenue, and that the applicants have agreed to make the necessary dedications. George Coglin, Vice President of Corporate Operations of Friedman and Son, Inc., 1525 Arbutus Court, Golden, was present and explained that they plan to build a paper recycling facility plant at this location. July 6, 1976 Page 5 City Attorney Berardini pointed out that the annexation agreement specifies that the property will be zoned I-1 and suggested that this be modified to state that the property is included in the Comprehensive Plan as I-1 area. Harvey Deutsch, Attorney representing Friedman and Son, Inc., stated that he has no objection to this modification of the agreement. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN AN UNINCORPORATED AREA OF ARAPAHOE COUNTY, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO; AND DECLARING AN EMERGENCY. COUNCILMAN SMITH MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN AN UNINCOR- PORATED AREA OF ARAPAHOE COUNTY, AS HEREINAFTER MORE PARTICULARLY DESCRIBED, TO THE CITY OF ENGLEWOOD, COLORADO; AND DECLARING AN EMERGENCY. Councilman Sovern seconded the motion. Acting Director of Conmunity Development Romans explained that the emergency clause is in order that Friedman and Son, Inc. can proceed with their plans on schedule. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN WILLIAMS MOVED TO CONSIDER AGENDA ITEM 2c AT THIS TIME. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown The Mayor declared the motion carried. July 6, 1976 Page 6 Walter Imhoff, 10432 East Ita Place, was present representing Hanifen, Imhoff and Samford, Inc. regarding the general obligation housing refunding bonds. He reported that four bids representing twenty-two firms were received at a bid opening on July 6, 1976. He stated that the refunding will result in a total savings of $532,000 primarily because I of improved market conditions since the bonds were originally sold in December of 1975. Mr. Imhoff reported that the low bidder was a combination of Boettcher and Company and J. Imhoff Nimmo and Company with a premium of $49,674.24 and a net effec- tive interest rate of 6.331544%. RESOLUTION NO. 29, SERIES OF 1976 A RESOLUTION AWARDING THE BID ON GENERAL OBLIGATION HOUSING REFUNDING BONDS. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1976. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE IMPLEMENTING ARTICLE XX, SECTION 6 OF THE CONSTITU- TION OF THE STATE OF COLORADO AND ARTICLE X, PART III OF THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO, BY ESTABLISHING SPECIFIC REQUIREMENTS, LIMITATIONS AND PROCEDURES FOR ISSUANCE OF REFUNDING BONDS OF SAID CITY. COUNCILMAN CLAYTON MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE IMPLEMENTING ARTICLE XX, SECTION 6 OF THE CONSTITUTION OF THE STATE OF COLORADO AND ARTICLE X, PART III OF THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO, BY ESTABLISHING SPECIFIC REQUIREMENTS, LIMITATIONS AND PROCEDURES FOR ISSUANCE OF REFUNDING BONDS OF SAID CITY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. July 6, 1976 Page 7 Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. RESOLUTION NO. 30, SERIES OF 1976 A RESOLUTION AUTHORIZING THE NOTICE OF SALE FOR GENERAL OBLIGATION HOUSING REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $2,112,000 TO BE DATED AUGUST 1, 1976. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 30, SERIES OF 1976. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF ENGLEWOOD, COLORADO, OF ITS NEGOTIABLE COUPON BONDS IN THE PRINCIPAL AMOUNT OF $2,112,000 TO BE DESIGNATED "GENERAL OBLIGATION HOUSING REFUND- ING BONDS", FOR THE PURPOSE OF REFUNDING OUTSTANDING BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID REFUNDING BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX TO PAY SAID BONDS AND INTEREST; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS RELATING TO THE REFUNDING OF BONDS. COUNCILMAN CLAYTON MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE PROVIDING FOR THE ISSUANCE BY THE CITY OF ENGLEWOOD, COLORADO, OF ITS NEGOTIABLE COUPON BONDS IN THE PRINCIPAL AMOUNT OF $2,112,000 TO BE DESIGNATED "GENERAL OBLI- GATION HOUSING REFUNDING BONDS", FOR THE PURPOSE OF REFUNDING OUTSTANDING BONDS OF THE CITY; PRESCRIBING THE FORM OF SAID REFUNDING BONDS; PROVIDING FOR THE LEVY AND COLLECTION OF AN ANNUAL TAX TO PAY SAID BONDS AND INTEREST; MAKING CERTAIN OTHER COVENANTS AND AGREEMENT.S RELATING TO THE REFUNDING OF BONDS; AND SETTING A PUBLIC HEARING FOR JULY 19, 1976 AT 7:30 P.M. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: July 6, 1976 Page 8 Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. I I I I I I Mayor Taylor declared a recess at 8:50 p.m. Council reconvened at 9:05 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Clayton, and Mayor Taylor. Absent: Council Member Brown. The Mayor declared a quorum present. I I I I I I Acting Director of Community Development Romans presented a memorandum to City Council from the Housing Authority concerning recommended changes to the Revolving Rehabilitation Loan· Fund Program. The changes are reconnnended because the response has not been successful primarily due to the lack of qualified appli- cants. Ms. Romans reviewed the recommendations and the reasons for each. Councilman Mann noted that these recommended changes have been approved by the State Housing Department. Councilman Clayton suggested meeting with the Housing Authority to review their recommendations. COUNCILMAN MANN MOVED TO ACCEPT THE RECOMMENDATIONS FROM THE HOUSING AUTHORITY CONCERNING THE REVOLVING REHABILITATION LOAN FUND PROGRAM. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Taylor. Nays: Council Member Clayton. Absent: Council Member Brown. The Mayor declared the motion carried. I I I I I I July 6, 1976 Page 9 INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 26 SERIES OF 1976 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. COUNCILMAN SOVERN MOVED TO PASS ORDINANCE NO. 26, SERIES OF 1976, ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resuited as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. * * * • * • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 27 SERIES OF 1976 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 TO PASS ORDINANCE NO. 27, SERIES OF 1976, ON FINAL READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. * • • • • • July 6, 1976 Page 10 INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 28 SERIES OF 1976 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANS- PORTATION DISTRICT AND THE CITY OF ENGLEWOOD RELATING TO BUS PASSENGER SHELTERS. COUNCILMAN SOVERN MOVED TO PASS ORDINANCE NO. 28, SERIES OF 1976, ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 29 SERIES OF 1976 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 TO PASS ORDINANCE NO. 29, SERIES OF 1976, ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vo~e resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. * * I * I I July 6, 1976 Page 11 INTRODUCED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 30 SERIES OF 1976 AN ORDINANCE AMENDING TITLE IX OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A NEW CHAPTER THERETO, LICENSING AND REGULATING VEHICLE WRECKER OR TOWING SERVICE; PROVIDING FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE; SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 30, SERIES OF 1976, ON FINAL READING. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 31 SERIES OF 1976 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 EFFECTIVE DATE TO BE SEPTEMBER 1, 1976 AND AN EXPIRATION DATE OF DECEMBER 31, 1976. COUNCILMAN WILLIAMS MOVED TO PASS ORDINANCE NO. 31, SERIES OF 1976, ON FINAL READING. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • July 6, 1976 Page 12 INTRODUCED AS A BILL BY COUNCILMAN CLAYTON A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 76; ORDERING I THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS. COUNCILMAN CLAYTON MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 76; ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVEMENTS; TO BE AMENDED WITH THE FOLLOWING DELETIONS: 3650 SOUTH BROADWAY, 3632 SOUTH LINCOLN, 3644 SOUTH LINCOLN, 3650 SOUTH LINCOLN, 3601 SOUTH PENNSYLVANIA, 3620 SOUTH PENNSYL- VANIA, 3625 SOUTH PEARL, 3163 WEST UNION. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE REPEALING AND REENACTING CHAPTER 3, TITLE XIII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO BUSINESS AND OCCUPATION TAXES UPON UTILITY COMPANIES OPERATING WITHIN THE CITY OF ENGLEWOOD; AND PROVIDING FOR THE COLLECTION OF SAID TAXES AND IMPOSING PENALTIES FOR NON-PAYMENT THEREOF. COUNCILMAN MANN MOVED TO PASS ON FIRST READING A BILL I FOR AN ORDINANCE REPEALING AND REENACTING CHAPTER 3, TITLE XIII, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO BUSINESS AND OCCUPATION TAXES UPON UTILITY COMPANIES OPERATING WITHIN THE CITY OF ENGLEWOOD; AND PROVIDING FOR THE COLLECTION OF SAID TAXES AND IMPOSING PENALTIES FOR NON-PAYMENT THEREOF. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: July 6, 1976 Page 13 Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented a resolution establish- ing revised schedules for metered water service which reflects an outside City rate of 50% more than inside City rates. COUNCILMAN WILLIAMS MOVED TO POSTPONE THIS RESOLUTION UNTIL A FURTHER MEETING CAN BE HELD WITH THE WATER AND SEWER BOARD FOR FURTHER EXPLANATION. Councilman Mann seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT THIS ITEM BE BROUGHT BACK AT THE JULY 19 MEETING IF ONE OF THE TWO FOLLOWING CONDITIONS HAVE BEEN MET: (1) A MEETING BETWEEN CITY COUNCIL AND THE WATER AND SEWER BOARD; OR (2) THE WATER AND SEWER BOARD PRESENT CITY COUNCIL WITH A CONCISE POSITION PAPER FOR THE REASONING FOR PASSING THIS RESOLUTION; AND THAT THIS ITEM BE POSTPONED UNTIL ONE OF THESE CONDITIONS HAVE BEEN MET. Council- man Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Mann, Clayton. Nays: Council Members Sovern, Smith, Taylor. Absent: Council Member Brown. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Williams, Mann, Clayton. Nays: Council Members Sovern, Smith, Taylor. Absent: Council Member Brown. The Mayor declared the motion defeated. COUNCILMAN SMITH MOVED TO POSTPONE THIS ITEM UNTIL JULY 19, 1976. Councilman Mann seconded .the motion. Upon a call of the roll, the vote resulted as follows: July 6 1 , 1976 Page q Ayes: Council Members Sovern, Smith, Mann, Clayton. Nays: Council Members Williams, Taylor. Absent: Council Member Brown. The Mayor declared the motion carried. Councilman Clayton requested a full explanation from the Water and Sewer Board concerning this matter. • • • • • • City Attorney Berardini presented a letter received from Underwriters Adjusting Company regarding the suit filed against K-Mart because of street damage caused by water from K-Mart during improvements in Paving District No. 22. Mr. Berardini reported that the City now has an offer to settle the action of $1,720.26; and he recommended acceptance of this settlement. COUNCILMAN SMITH MOVED TO ACCEPT THE SETTLEMENT OFFER OF $1,720.26 FROM UNDERWRITERS ADJUSTING COMPANY REFERENCE THE SUIT FILED AGAINST K-MART. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented the Memorandum of Under- standing between the Englewood Employee Association and the City of Englewood which is a two-year contract effective January l, 1977 through December 31, 1978. The Memorandum calls for a 6% increase of the 1976 base salary effective January 1, 1977 and a 6% increase of the 1977 base salary effective January 1, 1978 for all positions covered by the Association. In addition, the Memorandum eliminates the A Step in all grades and extends the probationary period from six months to one year. COUNCILMAN SOVERN MOVED TO ACCEPT THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ENGLEWOOD EMPLOYEE ASSOCIATION AND THE CITY OF ENGLEWOOD. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: July 6, 1976 Page 15 Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried .• * * * * I I City Manager Mccown presented the Memorandum of Under- standing between the Englewood Police Benefit Association and the City of Englewood which covers a three-year period from January 1, 1977 through December 31, 1979. The Memorandum calls for the following percentage increases of the 1976 base salary effective January 1, 1977: 4th, 3rd, 2nd and 1st class police officers - 6.0%; sergeant -7.2%; lieutenant -7.1%; captain -6.0%. The Memorandum provides for a 6.0% increase of the 1977 base salary effective January 1, 1978 for all officers and a 6.0% increase of the 1978 base salary effective January 1, 1979 for all officers. In addition, the 20% City disability benefit has been redefined. COUNCILMAN SMITH MOVED TO ACCEPT THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. * * I I I I City Manager Mccown presented the Memorandum of Under- standing between the Englewood Fire Fighters Association and the City of Englewood which covers a three-year period from January 1, 1977 through December 31, 1979. The Memorandum calls for the following percentage increases of the 1976 base salary effective January 1, 1977: 4th, 3rd, 2nd and 1st class firefighters and driver/operator/engineers -6.2%; lieutenant -7.4%; captain - 8.7%; battalion chief -6.8%. The Memorandum provides for a 6.0% increase of the 1977 base salary effective January 1, 1978 for all positions and a 6.0% increase of the 1978 base salary effective January 1, 1979 for all positions. In addition, the 20% City disability benefit has been redefined; and the fire- fighters contribution to the pension fund has been reduced from 5.5% to 5.0% effective January 1, 1977. July 6, 1976 Page 16 COUNCILMAN WILLIAMS MOVED TO ACCEPT THE MEMORANDUM OF UNDERSTANDING BETWEEN THE ENGLEWOOD FIRE FIGHTERS ASSOCIATION AND THE CITY OF ENGLEWOOD. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. Councilman Sovern requested that the City Attorney prepare ordinances for the three Memorandums of Understanding to be brought back to Council at the meeting of September 20; and that an ordinance for the redefinition of the 20% City disability benefit for the Police and Fire. Fighters Associations be brought back to Council at the next regular meeting. • * • I I * City Manager Mccown presented a report concerning the vacation of the 2700 block of South Elati and the provision for an alternate truck route. If the street is obtained from the City by General Iron, they would provide an alternate truck route which would be the alley between Delaware and Elati. Mr. Mccown reported that General Iron has agreed to a revised plan as well as any associated costs in the construction. The attorneys for General Iron will draft a contract which will be presented to Council. I I I • I I City Manager Mccown presented a resolution appropriat- ing monies to the general, water and sewer funds for the imple- mentation of the Capital Equipment Replacement Fund for 1976. RESOLUTION NO. 31, SERIES OF 1976 A RESOLUTION AMENDING THE 1976 BUDGET IN THE GENERAL, WATER AND SEWER FUNDS. COUNCILMAN SOVERN MOVED TO PASS RESOLUTION NO. 31, SERIES OF 1976. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Clayton, Taylor. Nays: None. July 6, 1976 Page 17 Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Council received the 1981 Capital Improvement Program priority recommendations from the Planning and Zoning Cormnission. • • • • • • City Council decided to hold a study session at 6:00 p.m. on July 12 regarding the dog problems. • • • • • • City Manager Mccown noted that he will be on vacation for about a week starting July 7 and that Karl Nollenberger will be the Acting City Manager during his absence. • • • • • • Councilman Mann noted that he will be on vacation during the July 19th Council meeting. • • • • • • Mayor Taylor declared the meeting adjourned at 10:47 p.m. ~~~ city fir -