HomeMy WebLinkAbout1976-07-19 (Regular) Meeting Minutes'
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
July 19, 1976
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on July 19, 1976 at
7:30 p.m.
Mayor Taylor, presiding, called the meeting to order.
The invocation was given by Reverend Clayton Nietfeld
of Grace Lutheran Church, 4750 South Clarkson. The Pledge of
Allegiance was led by Mayor Taylor.
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 present.
Also present were: City Manager McCown
Asst. City Manager Nollenberger
City Attorney Berardini
Dir. of Finance/City Clerk James
* * * * * *
COUNCILMAN SOVERN MOVED TO ACCEPT THE MINUTES OF THE
CITY COUNCIL MEETING OF JULY 6, 1976. 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 Meri>er Brown.
The Mayor declared the motion carried.
COUNCILMAN fe\\NN MOVED TO ACCEPT THE MINUTES OF THE
CITY COUNCIL MEETING OF JULY 12, 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.
July 19, 1976
Page 2
Absent: Council Member Brown.
The Mayor declared the motion carried.
* * * * * *
M. M. Sunmers, 3140 South Delaware, was present concern-
ing Cushing Park pond. Mr. Su11111ers stated that he would like to
have the pond covered and a fence put around the pond.
Jack Poole, 4961 South Kalamath Drive, Vice-Chairman
of the Parks and Recreation Comnission, was present and stated
their reconmendations include an eight-inch wall with shrubs
planted around it. Mr. Poole further stated that it is the
parents' responsibility to watch their children and that fences
will not keep the children out of the water. Mr. Poole felt
that their reconnendation would serve the purpose of a barrier
and still maintain an attractive park setting.
In response to Councilman Mann, City Manager Mccown
stated that the recommendations of the Parks and Recreation
C011111ission have been given to the Parks and Recreation Director
who has been instructed to proceed with the necessary work.
Mr. Mccown anticipated that the work should be completed within
the next couple of weeks.
* * * * * *
Richard C. Landrum was present representing Rodney Utz
and William F. Gilmore, dba C. I. Agency, concerning the issu-
ance of a 3.2 beer license at 90 West Belleview due to the sale
of Leaning Tower of Pizza to the applicants.
Council requested clarification of a mail fraud charge
against Rodney Utz which occurred in St. Louis, Missouri, on
July 29, 1966. Mr. Utz explained that there was a misunderstand-
ing between him and the United States government and that the
indictment had been dismissed. Mr. Utz presented a copy of an
order of dismissal.
COUNCIL"'" SOVERN f«>VED TO APPROVE THE TRANSFER OF
LIQUOR LICENSE TO WILLIAM F. GILf«>RE AND RODNEY UTZ, OBA C. I.
AGENCY, 90 WEST BELLEVIEW, FROM 90 W. B. CORPORATION, OBA LEANING
TOWER OF PIZZA. 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 19, 1976
Alge 3
Owen Hamilton, State Director of the Colorado Order
of DeMolay, was present to request the Mayor's signature for a
Centennial project whereby the DeMolay's are obtaining signatures
of Colorado officials.
COUNCILMAN CLAYTON MOVED THAT CITY COUNCIL AUTHORIZE
THE ~YOR TO SIGN THE DOCUMENT. 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.
* * * * * *
COUNCIL~N SOVERN MOVED TO OPEN A PUBLIC HEARING TO
CONSIDER AN ORDINANCE ON FINAL READING ESTABLISHING SPECIFIC
REQUIREMENTS, LIMITATIONS AND PROCEDURES FOR ISSUANCE OF REFUND-
ING BONDS OF THE CITY OF ENGLE~D. 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.
City Manager Mccown stated that the City has sold
refunding bonds to take advantage of lower interest on the
General Obligation Housing Bonds of $2,225,000. This refunding
will save the federal government approximately $532,000 over
the term of the bond issue. City Manager Mccown stated that
this ordinance establishes specific procedures for issuance of
the refunding bonds.
Mayor Taylor asked if there was anyone wishing to
speak for or against this ordinance. No one appeared.
COUNCILMAN M\NN MOVED TO CLOSE THE PUBLIC HEARING.
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.
July 19, 1976
Page 4
Nays: None.
Absent: Council Member Brown.
The Mayor declared the motion carried.
INTRODUCED AS A BILL BY COUNCILMAN CLAYTON
BY AUTHORITY
ORDINANCE NO. 32
SERIES OF 1976
AN ORDINANCE IMPLEf!ENTING ARTICLE XX, SECTION 6 OF THE CONSTITU-
TION OF THE STATE OF COLORADO, AND ARTICLE X, PART III OF THE
HOf£ RULE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO, BY ESTAB-
LISHING SPECIFIC REQUIREMENTS, LIMITATIONS, AND PROCEDURES FOR
ISSUANCE OF REFUNDING BONDS OF SAID CITY.
COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 32,
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 Ment>er Brown.
The Mayor declared the motion carried.
* * * * * *
COUNCILMAN CLAYTON K>VED TO OPEN A PUBLIC HEARING TO
CONSIDER AN ORDINANCE ON FINAL READING PROVIDING FOR THE ISSUANCE
BY THE CITY OF ENGLEWOOD, COLORADO, OF ITS NEGOTIABLE COUPON BONDS
IN THE PRINCIPAL AM>UNT OF $2,112,000 TO BE DESIGNATED "GENERAL
OBLICATION 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 AGREEMENTS RELATING TO THE REFUNDING OF BONDS.
Councilman Mann seconded the motion. Upon a ·call of the roll,
the vote resulted as follows:
Ayes: Council Members W1111ams, Sovern, Smith, Mann,
Clayton, Taylor. ·
Nays: None.
Absent: Council Member Brown.
The Mayor declared the motion carried.
July 19, 1976
Page 5
City Manager Mccown stated that this ordinance allows
the City to sell the General Obligation Housing Refunding Bonds
in the amount of $2,112,000. The present bonds have a net
effective interest rate of 6.55% and the refunding bonds will
have a net effective interest rate of 6.33%, which will result
in substantial savings. The ordinance also awards the bid to
Boettcher and Company. Denver.
Mayor Taylor asked if there was anyone wishing to
speak for or against this ordinance. No one appeared.
COUNCILMAN SMITH fil>VED TO CLOSE THE PUBLIC HEARING.
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.
INTRODUCED AS A BILL BY COUNCILMAN CLAYTON
BY AUTHORITY
ORDINANCE NO. 33
SERIES OF 1976
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 ORDINANCE NO. 33,
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.
* * * * * *
July 19, 1976
Page 6
11 C011111.1nications -No Action Reconmended" on the agenda
were considered:
(a) Minutes of the Parks and Recreation Comnission
meeting of July 8, 1976.
(b) Minutes of the Tax Conmittee meeting of July 1,
1976.
(c) Minutes of the Employees Retirement Board meeting
of July 8, 1976.
(d) Financial Report for the month of June 1976.
(e) Certificate of recognition to Englewood Comnunity
for participation in the Camtunity Volunteer
Blood Donor Program.
Councilman Clayton requested a financial status report
on the Water Fund as a result of raising the water rates for 1976.
City Manager Mccown stated that this infonnation should be avail-
able within the next few weeks as a ·result of budget work now
being done for the 1977 annual budget.
COUNCILMAN MANN r«>VED TO RECEIVE AGENDA ITEMS 4a THROUGH
4e, "CO~NICATIONS -NO ACTION RECOMMENDED". Councilman Smith
seconded the motion. Upon a call of the roll, the vote resulted
as fol lows:
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
BY AUTHORITY
ORDINANCE NO. 34
SERIES OF 1976
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.
COUNCILMAN CLAYTON f«>VED TO PASS ORDINANCE NO. 34, SERIES
OF 1976, ON FINAL READING. Councilman Smith seconded the motion.
Upon a call of the roll, the vote resulted as follows:
July 19, 1976
~ge 7
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. 35
SERIES OF 1976
AN ORDINANCE REPEALING AND REENACTING CHAPTER 3, TITLE XIII,
OF THE 1969 ENGLE~OD KJNICIPAL 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 f4lVED TO PASS ORDINANCE NO. 35, SERIES
OF 1976, ON FINAL READING. 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.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHORITY
ORDINANCE NO. 36
SERIES OF 1976
AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN AN UNINCOR-
PORATED AREA OF ARAPAt«>E COUNTY, AS HEREINAFTER MORE PARTICULARLY
DESCRIBED, TO THE CITY OF ENGLE~D. COLORADO; AND DECLARING AN
EMERGENCY.
COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 36, SERIES
OF 1976, ON FINAL READING. Councilman Mann seconded the motion.
Upon a call of the roll, the vote resulted as follows:
July 19, 1976
Page 8
Ayes: Council Ment>ers Williams, Sovern, Smith, Mann,
Clayton, Taylor.
Nays: None.
Absent: Council Member Brown.
The Mayor declared the motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN SMITH
A BILL FOR
AN ORDINANCE AMENDING SECTION 9, CHAPTER 1, TITLE XI, OF THE 1969
ENGLEWOOD f4JNICIPAL CODE, RELATING TO THE ELIGIBILITY TO RECEIVE
DISABILITY PAYMENTS FROM THE POLICE OFFICERS' BENEFIT FUND.
COUNCILMAN SMITH K>VED TO PASS ON FIRST READING A BILL
FOR AN ORDINANCE AMENDING SECTION 9, CHAPTER 1, TITLE XI, OF THE
1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO THE ELIGIBILITY TO
RECEIVE DISABILITY PAYMENTS FR<Jt1 THE POLICE OFFICERS' BENEFIT
FUND. 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 SOVERN
A BILL FOR
AN ORDINANCE AMENDING SECTION 10, CHAPTER 1, TITLE II, OF THE
1969 ENGLE.r>OD KJNICIPAL CODE, RELATING TO THE ELIGIBILITY TO
RECEIVE DISABILITY PAYMENTS FROM THE FIRE FIGHTERS' BENEFIT FUND.
COUNCIL"'" SOVERN K>VED TO PASS ON FIRST READING A BILL
FOR AN ORDINANCE AMENDING SECTION 10, CHAPTER 1, TITLE II, OF THE
1969 ENGLE.r>OO KJNICIPAL CODE, RELATING TO THE ELIGIBILITY TO
RECEIVE DISABILITY PAYMENTS FROM THE FIRE FIGHTERS' BENEFIT FUND.
Councilman Mann seconded the motion. Upon a call of the roll,
the vote resulted as follows:
July 19, 1976
Page 9
Ayes: Council Meri>ers Williams, Sovern, Smith, Mann,
Clayton, Taylor.
Nays: None.
Absent: Council Member Brown.
The Mayor declared ~e motion carried.
* * * * * *
INTRODUCED AS A BILL BY COUNCILMAN MANN
A BILL FOR
AN ORDINANCE VACATING THE ALLEY IN BLOCK 9, JACKSON'S BROADWAY
HEIGHTS, CITY OF ENGLE~D, COUNTY OF ARAPAHOE, COLORADO.
COUNCILMAN MANN MOVED TO PASS ON FIRST READING A BILL
FOR AN ORDINANCE VACATING THE ALLEY IN BLOCK 9, JACKSON'S BROADWAY
HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. Council-
man 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 MENDING SUBSECTIONS (c) AND (d) OF SECTION 2,
CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE,
AS AIENDED, BY ESTABLISHING MINlrtJM PENALTIES FOR DOGS RUNNING
AT LARGE AND REQUIRING A COURT APPEARANCE FOR THOSE OWNERS OR
PERSONS HAVING THE CUSTODY AND CONTROL OF ANY DOG RUNNING AT
LARGE AFTER THE FIRST VIOLATION AND CONVICTION THEREOF.
COUNCILMAN CLAYTON r«>VED TO PASS ON FIRST READING A
BILL FOR AN ORDINANCE AMENDING SUBSECTIONS (c) AND (d) OF SECTION
2, CHAPTER 11, TITLE XI, OF THE 1969 ENGLE~D MUNICIPAL CODE, AS
AMENDED, BY ESTABLISHING MINIMUM PENALTIES FOR DOGS RUNNING AT
LARGE AND REQUIRING A COURT APPEARANCE FOR THOSE OWNERS OR PER-
SONS HAVING THE CUSTODY AND CONTROL OF ANY DOG RUNNING AT LARGE
AFTER THE FIRST VIOLATION AND CONVICTION THEREOF. Councilman
Sovern seconded the motion. Upon a call of the roll, the vote
resulted as follows:
July 19, 1976
Page 10
Ayes: Council Ment>ers 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 APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE~OD,
COLORADO, AND THE UNITED STATES ENVIRONf£NTAL PROTECTION AGENCY
(EPA) RELATING TO THE NON-EXCLUSIVE USE OF THE MCLELLAN RESERVOIR
FOR THE RECERTIFICATION OF EPA DIVERS.
COUNCILMAN MANN MOVED TO PASS ON FIRST READING A BILL
FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD, COLORADO, AND THE UNITED STATES ENVIRONMENTAL PROTEC-
TION AGENCY (EPA) RELATING TO THE NON-EXCLUSIVE USE OF THE
MCLELLAN RESERVOIR FOR THE RECERTIFICATION OF EPA DIVERS.
Councilman Smith seconded the motion. Upon a call of the
roll, the vote resulted as follows:
Ayes: Council Ment>ers Williams. Sovern, Smith, Mann,
Clayton, Taylor.
Nays: None.
Absent: Council Member Brown.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO. 32, SERIES OF 1976
A RESOLUTION ESTABLISHING REVISED SCHEDULES FOR METERED WATER
SERVICE.
COUNCILMAN SOVERN MOVED TO PASS RESOLUTION NO. 32,
SERIES OF 1976, AND TO REVISE THE RESOLUTION TO MAKE THE EFFEC-
TIVE DATE OCTOBER 1, 1976 INSTEAD OF JANUARY 1, 1977. 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.
July 19, 1976
Page 11
Nays: None.
Absent: Council Member Brown.
The Mayor declared the motion carried.
* * * * * *
RESOLUTION NO. 33, SERIES OF 1976
A RESOLUTION ADOPTING AN AMENDED AGREEMENT BETWEEN THE CITY OF
ENGLEWOOD, COLORADO, A KJNICIPAL CORPORATION AND THE ENGLEWOOD
HOUSING AUTHORITY, A BODY CORPORATE AND POLITIC, INCORPORATING
SEVERAL RECOft1ENDATIONS PROMULGATED BY THE ENGLEWOOD HOUSING
AUTHORITY.
COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 33,
SERIES OF 1976. 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.
* * * * * *
The Mayor declared a recess at 8:35 p.m. Council
reconvened at 8:45 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 quorllll present.
* * * * * *
RESOLUTION NO. 34, SERIES OF 1976
A RESOLUTION DENYING THE APPLICATION OF PLANTATION, INC., A
COLORADO CORPORATION, 0/B/A AFTER GLOW CLUB, TO SELL MALT,
VINOUS AND SPIRITOUS LIQUORS BY THE DRINK TO BE CONSUMED AT
THE PLACE WHERE SOLD, TO HAVE BEEN LOCATED AT 4756 SOUTH
BROADWAY STREET, .ENGLEWOOD, COLORADO.
July 19, 1976
Page 12
COUNCILMAN SMITH K>VED TO PASS RESOLUTION NO. 34,
SERIES OF 1976. The motion died for lack of a second.
COUNCILMAN WILLIAMS MOVED TO DIRECT THE CITY ATTORNEY
TO DRAW UP A NEW .RESOLUTION GRANTING THE APPLICATION. Councilman
Sovern seconded the motion.
In response to Councilman Sovern's request as to why
the application is not being denied, City Attorney Berardini
stated that the State Liquor Division of the State of Colorado
does not consider this to be a new license under the State
Liquor Code (75-2-43). City Attorney Berardini further stated
that since the license had already been issued the needs of the
neighborhood had already been detennined in the past, and thus
a change of location does not change the needs of the neighbor-
hood.
Taylor.
Upon a call of the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Mann, Clayton,
Nays: Council Member Smith.
Absent: Counci 1 Member Brown.
The Mayor declared the motion carried.
Councilman Smith explained his reason for voting no
is because of the state law, which allows any liquor outlet in
the City to move to any location regardless of whether there is
an overpopulation of liquor outlets.
Mayor Taylor stated his reason for voting yes is
because City Council as a governing body must follow the state
laws and liquor code.
Councilman Clayton stated his reason for voting yes
is because of the state laws.
* * * * * *
City Manager Mccown presented a report concerning the
Fair Labor Standards Act (FLSA) as it applies to state and local
government. He reported that the Supreme Court has ruled against
the FLSA by a 5-4 margin, but that the Court had suggested other
ways in which Congress could accQlllP11sh its original intent as
stated in the FLSA. City Manager McCown reconmended that letters
signed by the Mayor be sent to our Congressmen supporting the
Supreme Court decision and for Congress not to impose the pro-
visions of FLSA through any type of legislation.
July 19, 1976
Page 13
COUNCILMAN CLAYTON ~YED TO INSTRUCT THE CITY STAFF
TO PREPARE LETTERS TO BE SIGNED BY THE ft\YOR TO BE SENT TO OUR
CONGRESSMEN STATING CITY COUNCIL'S DESIRE TO LET THE SUPREME
COURT'S DECISION STAND AND FOR CONGRESS NOT TO IMPOSE THE PRO-
VISIONS OF FLSA THROUGH ANY TYPE OF LEGISLATION. Councilman
Smith seconded the motion.
Counc11111n Sovern stated that the letters should
reflect that Council is against the Act because the economic
impact on cities would force cities to try to do jobs with
less people, which would actually decrease the level of service
to the taxpayers.
Councilman Mann suggested that this matter be brought
up at a meeting of Arapahoe County mayors.
Councilman Clayton agreed to include Councilman Severn's
statement in the motion. Councilman Smith also agreed.
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 a report on the cost of
the "Englewood C1t1 zen 11 • which 1s presently put out every other
month. The cost of each issue is approximately $1,984. This
report was a result of Councilman Mann's request to detennine
the feasibility of publishing the issue every month.
COUNCILMAN MANN MOVED TO PUBLISH THE 11 ENGLEWOD
CITIZEN" EVERY MONTH. Councilman Wi 11 iams seconded the motion.
COUNCILMAN SMITH MOVED TO AMEND THE MOTION TO TERMIN-
ATE THE TRIAL PERIOD WITH A DECEfleER 31, 1976 ISSUE. Councilman
Clayton seconded the motion. Upon a call of the roll, the vote
resulted as follows:
Ayes: Council Members Smith, Clayton.
Nays: Council Members Williams, Sovern, Mann, Taylor.
Absent: Council Member Brown.
The Mayor declared the motion defeated.
July 19, 1976
Page 14
Upon a call of the roll, the vote on the original
motion 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 a resolution amending
the 1976 General Fund budget for hiring four temporary employees
to be used in the Parks Department which will be funded by a
Manpower Grant of $22,000.
RESOLUTION NO. 35, SERIES OF 1976
A RESOLUTION ~NDING THE 1976 GENERAL FUND BUDGET.
COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 35,
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.
* * * * * *
City Manager Mccown presented and reviewed the Six
Quarter Public Iq>rovement Fund Budget. He reconmended that
Council receive the budget and take fonnal action at the neeting
on August 2, 1976, since Council will be meeting with the Citizens
Budget Conmittee at 5:00 p.m. on August 2 to discuss the budget.
COUNCIL~N MANN r«>VED TO TABLE THE SIX-QUARTER PUBLIC
IMPROVEMENT FUND BUDGET UNTIL THE CITY COUNCIL MEETING ON AUGUST 2,
1976. Councilman Williams seconded the motion. Upon a call of
the roll, the vote resulted as follows:
Ayes: Council Members Williams, Sovern, Mann, Taylor.
Nays: Council Members Smith, Clayton.
July 19, 1976
Page 15
Absent: Council Ment>er Brown.
The Mayor declared the motion carried.
* * * * * *
Art Sines, 3220 South Grant, appeared before Council
regarding liquor licenses. He suggested that the petitioning
area for liquor licenses be established as the entire corporate
limits of the City rather than just specific areas. He stated
that liquor licenses are a conce"1 of all citizens and that they
should have the right to sign petitions for or against these
licenses.
* * * * * *
Councilman Sove"1 reported on DRCOG population
projections by the year 2000 B.C. He questioned some of the
projections on the basis that some cities will receive more
federal funds for various projects at the expense of other
cities. Councilman Sovern noted that he is requesting DRCOG
to be more realistic in their projections because at this time
there is no indication that their projections will take place.
* * * * * *
COUNCILMAN SOVERN r«>VED TO INSTRUCT THE CITY STAFF
INCLUDING THE CITY ATTORNEY AND OTHER APPROPRIATE OFFICIALS TO
PREPARE A MEMORANDUM COVERING THE ACTUAL COURT COSTS IN OUR
MUNICIPAL COURT WHICH MIGHT LEAD TO A REVISION OF THE ORDINANCE
REGARDING COURT COSTS. 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.
* * * * * *
Joyce Staples, 3276 South Marion, appeared before
Council concerning the Citizens Budget C011111ittee. She expressed
conce"1 as to how the members for the Co11111ittee are selected.
COUNCILMAN SMITH ftl>VED THAT COUNCILMAN SMITH AND
COUNCILMAN WILLIAMS BE ALLOWED TO APPOINT OR REPLACE PRECEEDING
CITY COUNCIL fi£r-EER REPRESENTATIVES ON THE CITIZENS BUDGET
C0"4ITTEE, OR IF A VACANCY EXISTS TO APPOINT A REPLACEMENT.
Councilman Mann seconded the motion •. Upon a .call of the roll,
the vote resulted as follows:
July 19, 1976
Page 16
Ayes: Council Members Smith, Mann, Clayton, Taylor.
Nays: Council Menmers Williams, Sovern.
' Absent: Council Member Brown.
The Mayor declared the motion carried.
* * * * * *
Councilman Sovern noted that during last year's budget
review it was the intent to have the same Budget Connittee to
review the Six-Quarter Budget.
COUNCILMAN SOVERN rtlVED THAT THE BUDGET COtt1ITIEE WHICH
MEETS WITH CITY COUNCIL ON AUGUST 2, 1976 1 BE THE SAME BUDGET
COtl41TTEE THAT STUDIED THE FISCAL YEAR 1976 BUDGET IN 1975, AND
THAT MEETINGS BE HELD WITH THEM CONCERNING THE SIX-QUARTER
BUDGETS; AND TO EVALUATE THE EFFECTIVENESS OF THE BUDGET
COfl4ITTEE. Councilman Williams seconded the motion. Upon a
call of the roll, the vote resulted as follows:
Ayes: Council Manbers Williams, Sovern, Taylor.
Nays: Council Menmers Smith, Mann. Clayton.
Absent: Council Member Brown.
The Mayor declared the motion defeated.
Councilman Mann requested that the City Manager solicit
written conments from the Budget Conmittee.
* * * * * *
Councilman Smith stated that the existing liquor laws
must be challenged in order to maintain a level of liquor outlets
in Englewood.
* * * * * *
COUNCILMAN WILLIAMS f«>VED TO ADJOURN THE CITY COUNCIL
MEETING. 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, and the meeting
was adjourned at 10:05 p.m.
t.44e· ~--City Clerk