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HomeMy WebLinkAbout1976-08-02 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 2, 1976 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 2, 1976, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Helen Walker, Esoteric Truth Center, 180 East Girard. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for rnll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager McCown Asst. City Manager Nollenberger City Attorney Berardini Deputy City Clerk Varner * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE CITY COUNCIL MEETING OF JULY 19, 1976. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN BROWN MOVED TO ALLOW MAYOR PRO TEM CLAYTON TO PRESENT AN ITEM 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, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. August 2, 1976 Page 2 Mayor Pro Tem Clayton requested that Mayor Taylor stand before the Council. COUNCILMAN SMITH MOVED TO RELIEVE MAYOR TAYLOR FROM THE CHAIR AND THAT HE STAND BEFORE COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Abstain: Mayor Taylor. The Mayor declared the motion carried. Mayor Pro Tem Clayton requested that Mrs. Taylor join the Mayor at the podium, and he then presented Mayor and Mrs. Taylor with two congratulatory messages for their 40th wedding anniversary. COUNCILMAN SMI'l11 K>VED THAT THESE TWO CONGRATULATORY MESSAGES BE INCLUDED IN '111E MINUTES OF '1111S MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Abstain: Mayor Taylor. The Mayor Pro Tem declared the motion carried. The first congratu- latory message reads as follows: CONGRATULATORY MESSAGE TO MAYOR JAMES L. TAYLOR AND JENNIE TAYLOR At a special uncalled Secret Meeting of City Council, at which you were purposely not invited, the motion was presented to of fer congratulations to you and Mrs. Taylor on your 40th Wedding Anniversary on the 9th day of August, 1976. We regret to report that the motion to offer congratula- tions failed, four-to-two. Therefore, not being able to of fer congratulations, the City Council hereby offers its condolences, and extends deep sympathy to Mrs. Jennie Taylor for her courage and stamina over these many, many years. Passed in secret uncalled session this 2nd day of August, 1976. The second congratulatory message reads as follows: CONGRATULATORY MESSAGE TO MAYOR JAMES L. TAYLOR AND JENNIE TAYLOR August 2, 1976 Page 3 Your fellow Councilmembers and City Manager and City Attorney wish to take this opportunity to congratulate you and Jennie on the occasion of your 40th Wedding Anniversary. We know that the past 40 years have been good years for the two of you, and we are sure that your future years will be even more satisfying. We are deeply appreciative of your taking time irt those 40 years to devote to public service to your coDIDunity. These activities have helped to make Englewood a better place to live. It has been a 40 year period of which you should be very proud. COUNCILMAN SMI'lll MOVED THAT MAYOR TAYLOR BE RESEATED AS CHAIRMAN OF THE COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton. Nays: None. Abstain: Mayor Taylor. The Mayor Pro Tem declared the motion carried. Mayor Taylor thanked the members of Council, staff and citizens. * * * * * * Brian David Johnson, 10025 East Girard, Denver, was present to request approval of the sale of 100% of the stock for John W's, Inc., dba Arnie's Lounge, 3467 South Broadway, from William K. Johnson to his name. COUNCILMAN MANN MOVED TO APPROVE THE TRANSFER OF 100% OF STOCK OF JOHN W'S, INC., DBA ARNIE'S LOUNGE, 3467 SOUTH BROADWAY, FRClf WILLIAM JOHNSON TO BRIAN DAVID JOHNSON. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * John Littlehorn, 4530 South Broadway, who was a pre-scheduled visitor, did not appear. * * * * * * Dick Richards, 1090 West Oxford Avenue, was present to discuss the Capital Improvement Plan. He expressed concern over the lack of inf orma- tion on priorities, and suggested citizen participation in determining the August 2, 1976 Page 4 priorities. Mr. Richards stated he feels the one-cent sales tax should be discontinued if at all possible. He also suggested a citizens budget committee for input and to open up additional avenues of communication. * * * * * * Joyce Staples, 3276 South Marion, was present to discuss the Capital Improvement Plan and the Tax Committee recommendations. She stated that the budget can.be cut back without effecting present service levels if we are realistic about current and future services. Mrs. Staples expressed disapproval of expenditures for the "Englewood Citizen", the Senior Surrey, the widening of Shoshone Street, the Senior Recreation Center, the relocation of Fire Station #3, and the Community Center. received: * * * * * * "Communications -No Action Recommended" on the agenda were a. Minutes of the Denver Regional Council of Governments meeting of June 16, 1976. b. Minutes of the Planning and Zoning special meeting of June 29, 1976 and the regular meeting of July 7, 1976. c. Minutes of the Board of Career Service Comnissioners meeting of July 15, 1976. d. Memorandum from the Director of Finance to the City Manager concerning the status of the Surplus and Deficiency Fund. e. Report from Judy Pierson, Planning and Zoning Commission member, concerning attendance at the National Congress of Planning meeting in Washington, D.C. on March 20-26, 1976. Mayor Pro Tem Clayton requested additional information from the minutes of the Board of Career Service Conmissioners meeting of July 15 regarding non-emergency employees. * * * * * * COUNCILMAN CLAYTOR tl>VED TO APPROVE THE RECOMMENDATION FROM THE ENGLEWOOD PUBLIC LIBRARY BOMD TO APPOINT EARL DEUPREE AS THE LIBRARY'S REPRESENTATIVE TO 'DIE CENTRAL COLORADO LIBRARY SYSTEM AND THAT GLENNA BENNETT BE DESIGNATED 'lllE ALTERNATE. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Hann, Clayton, Taylor. August 2, 1976 Page 5 Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a reco1111endation from the Water and Sewer Board to change the sewer rate from 19¢/1000 gallons to 26¢/1000 gallons commencing January 1, 1977. He stated that this recommendation is premature and suggested that it be tabled indefinitely until it can be reviewed in the budget study sessions. COUNCILMAN SMI'lll K>VED TO TABLE '111IS ITEM INDEFINITELY. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown,. Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • * • * * COUNCILMAN SMl'lll MOVED TO ACCEPT '111E RECOMMENDATION FROM '111E WATER AND SEWER BOARD TO ALLOW COLORADO DIVER'S WRLD AND MIDWEST DIVERS TO USE McLELLAN RESERVOIR ON A TEMPORARY BASIS FOR DIVER TRAINING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * • * • * Assistant City Manager Nollenberger presented a recommendation from the Water and Sewer Board for approval of Supplement #50 to Southgate Sanitation District, which ia a small parcel of land located at the corner of Orchard and Monaco. COUNCILMAN SOVERN K>VED TO APPROVE SUPPLEMENT 1150 TO SOU'111GATE SANITATION DISTRICT. Councilman Mann seconded the m:>tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. August 2, 1976 Page 6 The Mayor declared the motion carried. * * * * * * Assistant City Manager Nollenberger presented a recommendation from the Water and Sewer Board for approval of Supplement #6 to Greenwood Village Sewer Improvement District, which is a small parcel of land located at Clarkson and Orchard. COUNCILMAN MANN MOVED TO APPROVE SUPPLEMENT #6 TO GREENWOOD VILLAGE SEWER IMPROVEMENT DISTRICT. Councilman Brown seconded the motion. Upon a call of the · roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, .. Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON K>VED TO RENEW 'DIE 3.2 BEER LICENSE FOR ROBERT S. BRIOLA, DBA BOB'S GROCERY, 3296 SOUTH WASHINGTON. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a memorandum from Purchasing Agent Taylor regarding the bids for Sidewalk Improvement District No. 76. He stated that the estimate was $50,589.40; and that five bids had been received. The low bid was received from EBY Cement Contractors in the amount of $44,928.50. COUNCILMAN SOVERN K>VED TO AWARD THE BID FOR SIDEWALK IMPROVE- MENT DISTRICT NO. 76 TO EBY CEMENT CONTRACTORS IN THE AMOUNT OF $44,928.50. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Melllbers Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * August 2, 1976 Page 7 INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR 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 K>VED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE ZONING A NEWLY ANNEXED PARCEL OF LAND TO THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM AN UNZONED CLASSIFICATION TO 1-1, LIGHT INDUSTRIAL DISTRICT; AND SETTING A PUBLIC HEARING FOR AUGUST 23, 1976, AT 7:30 P.M. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:35 p.m. Council reconvened at 8:50 p.m. Upon a call of the roll, the following were present: Council Me11bers Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 37 SERIES OF 1976 AN ORDINANCE VACATING THE ALLEY IN BLOCK 9, JACKSON'S BROADWAY HEIGHTS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 37, SERIES OF 1976, ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. August 2, 1976 Page 8 The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AU1110RI TY ORDINANCE NO. 38 SERIES OF 1976 AN ORDINANCE AMENDING SUBSECTIONS (c) AND (d) OF SECTION 2, CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY ESTABLISHING MINIMUM 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 111E FIRST VIOLATION AND CONVICTION THEREOF. COUNCILMAN CLAYTON MOVED TO PASS ORDINANCE NO. 38, SERIES OF 1976, ON FINAL READING. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHORITY ORDINANCE NO. 39 SERIES OF 1976 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 111E CITY OF ENGLEWOOD, COLORADO, AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (EPA) RELATING TO nm NON-EXCLUSIVE USE OP THE ll:LELLAN RESERVOIR FOR THE RECERTIFICATION OF EPA DIVERS. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 39, 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, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * August 2, 1976 Page 9 INTRODUCED AS A BILL BY COUNCILMAN SMlnl BY AUnlORITY ORDINANCE NO. 40 SERIES OF 1976 AN ORDINANCE AMENDING SECTION 9, CHAPTER 1, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELAnNG TO THE ELIGIBILITY TO RECEIVE DISABILITY PAYMENTS FROM '111E POLICE OFFICERS' BENEFIT FUND. COUNCILMAN SMITH K>VED TO PASS ORDINANCE NO. 40, 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, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 41 SERIES OF 1976 AN ORDINANCE AMENDit«; SECTION 10, CHAPTER 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO nlE ELIGIBILITY TO RECEIVE DISABILITY PAYMENTS FROM THE FIREFIGHTERS' BENEFIT FUND. COUNCILMAN SOVERN K>VED TO PASS ORDINANCE NO. 41, SERIES OF 1976, ON FINAL READING. Councilaan Williama seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini preaented a resolution approving the application of Plantation, Inc., to change location from 5020 South Broadway to 4756 South Broadway. He atated that page 2, item 7, should be corrected to read "five hundred thirty-two (532) names" instead of "two hundred thirty-two (232) names". August 2, 1976 Page 10 RESOLUTION NO. 36, SERIES OF 1976 A RESOLUTION APPROVING THE APPLICATION OF PLANTATION, INC., A COLORADO CORPORATION, TO CHANGE LOCATION WITHIN '11lE NEIGHBORHOOD AREA FROM 5020 SOUTH BROADWAY TO 4756 SOUTH BROADWAY, ENGLE~OD, COLORADO. COUNCILMAN WILLIAMS !«>VED TO PASS RESOLUTION NO. 36, SERIES OF 1976. Councilman Sovern seconded the motion. Councilman Smith atated that there are seven liquor licenses within the twelve block area, and that a change of location requires that the needs of the neighborhood be established. He also noted that a public hearing is required for a change of location. COUNCILMAN SMITH MOVED TO TABLE THIS ITEM BECAUSE OF LEGAL CONFLICTS. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Mann, Brown, Clayton. Nays: Council Members Williams, Sovern, Taylor. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 37, SERIES OF 1976 A RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPAR'IMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, RELATING TO FEDERAL AID UllBAN SYSTEM PROJECT H7763(1), ZUNI STREET FROM YALE AVENUE TO DAR'D«>UTH AVENUE, CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS !«>VED TO PASS RESOLUTION NO. 37, SERIES OF 1976. Councilman Hann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Hann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a report concerning Civil Action No. 30891, Schmitt vs. City, regarding the ownership of a five foot parcel of real property on the northwest corner of West Harvard and South Raritan. COUNCILMAN CLAYTON !«>VED TO TABLE THIS ITEM UNTIL THE STUDY SESSION OF THE NEXT REGULAR CITY COUNCIL MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: August 2, 1976 Page 11 Ayes: Council Members Willia•, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini presented a brief report regarding the Tax Committee reconmendatione for new sources of revenue. He discussed possible amusement tax, real estate transfer tax, occupational tax, and storm drainage utility charges; and he stated that he feels municipalities have the authority to enact all of these taxes. Mayor Taylor noted that there will be a study session open to the public on August 9, 1976 to discuss these items. * * * * * * Mayor Taylor declared a recess at 9:15 p.m. Council reconvened at 9:30 p.m. Upon a call of the roll, the following were present: Council Members Willia•, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * City Manager Mccown presented and reviewed the recommendations for the six-quarter budget for the period July 1976 through December 1977. RESOLUTION NO. 38, SERIES OF 1976 A RESOLUTION AMENDING 111E PUBLIC IMPROVEMENT FUND TO IMPLEMENT THE SIX- QUARTER BUDGET. COUNCILMAN BROWN MOVED TO PASS RESOLUTION NO. 38, SERIES OF 1976. Councilman Sovern seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY DELETING THE APPROPRIATION FOR BROADWAY MEDIAN PLANTERS. The motion died for the lack of a second. COUNCILMAN SMITII MOVED TO AMEND THE MOTION BY DEFERRING THE LAND PURCHASE FOR LITTLE DRY CREEK, AND THAT TIIE APPROPRIATION FOR THE BROADWAY MEDIAN PLANTERS BE ACCEPTED CONDITIONALLY UPON TIIE RECEIPT OF STATE FUNDS. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: August 2, 1976 Page 12 Ayes: Council Member• Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: Council Member Williama. The Mayor declared the motion carried. COUNCILMAN SOVERN ll>VED TO DELETE 111E TOT LOT PLAY APPARATUS FROM nlE BELLEVIEW WEST NATURE PARK. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Clayton, Taylor. Nays: Council Members Brown, Mann. The Mayor declared the motion carried. MAYOR TAYLOR K>VED TO STRIKE THE APPROPRIATION FOR EMERSON MINI PARK. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Taylor. Nays: Council Members Sovern, Smith, Brown, Mann, Clayton. The Mayor declared the motion defeated. COUNCILMAN MANN K>VED TO DELETE 111E APPROPRIATIONS FOR THE SENIOR CENTER AND FOR 111E LAND PURCHASE NEAR ELDERLY HOUSING SITE. The motion died for the lack of a second. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. " " " * * * City Manager Mccown presented a memorandum from the Director of Finance to the City Manager concerning Municipal Court costs. He stated that these costs are governed by the Colorado State Statutes, and that home rule cities are not exempt from the State's Municipal Court Rules of Procedure. COUNCILMAN MANN MOVED TO VOICE CONCERN ON nlIS ISSUE BEFORE THE COLORADO MUNICIPAL LEAGUE AND TO ASK 111EM TO RESEARCH THIS AT THE STATE LEVEL. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: August 2, 1976 Page 13 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented the Little Dry Creek Report prepared by the engineering consulting firm Sellards and Grigg, Inc. COUNCILMAN SOVERN MOVED TO RECEIVE THE LITTLE DRY CREEK REPORT AND '111AT A PUBLIC MEETING SCHEDULE BE ESTABLISHED IN OCTOBER. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member• Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the 110tion carried. * * * * * * City Manager McCovn preaented an agreement between the City of Englewood and the Colorado Southern Railway Company concerning right-of-way for the interaection of Dart110Uth and Tejon. COUMCILMN SM1111 l«JVID TO AU'DIORIZE '111E MAYOR TO SIGN '!HE AGREEMENT BETWll~ TllE ctn or DGLIWOOD AND THE COLORADO SOUTHERN RAILWAY COMPANY. Counc i l .. n ClaJton aeconded the motion. Upon a call of the roll, the vote reau l t d •• follova: Ayeaz Council Mellb•r• Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Naya: None. The Mayor declared the motion carried. * * * * * * City Manager McCovn preaented a meeting schedule for review of the 1977 budget. He atated that the budget will be prepared before the end of Auguat, and that budget study sessions are scheduled for the end of August and throughout September. * * * * * * City Manager McCovn preaented a memorandum from the Servicenter Superintendent regarding needed repairs to the snorkel. He stated that the snorkel was inspected by The Snorkel Company of St. Joseph, Missouri August 2, 1976 Page 14 and that the estimated cost for the repairs is $30,000-$35,000. The work would take approximately four weeks to complete and can be scheduled for September 1, 1976. RESOLUTION NO. 39, SERIES OF 1976 A RESOLUTION AMENDING 'lllE 1976 BUDGET IN 'lllE GENERAL FUND. Councilman Sovern suggested negotiating with The Snorkel Company over the cost of the repairs. Councilman Smith stated that it should be determined if the estimate covers any possible repairs to the entire unit. COUNCILMAN SMI'lll l«>VED TO DIRECT 'lllE CITY MANAGER TO PURSUE NEGOTIATIONS WITH 'lllE SNORKEL COMPANY WITH A REPORT BROUGHT BACK AT THE CITY COUNCIL MEETING ON AUGUST 16, 1976; TO DETERMINE '111E EXTENT OF THE ESTIMATE FOR REPAIRS; AND TO TENTATIVELY SCHEDULE 'lllE REPAIR WORK WI'lll 'DIE SNORKEL COMPANY FOR SEPTEMBER 1, 1976. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: Council Member Williams. The Mayor declared the motion carried. COUNCILMAN MANN K>VED TO TABLE RESOLUTION NO. 39 UNTIL THE CITY COUNCIL MEETING ON AUGUST 16, 1976. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: Council Member Williams. The Mayor declared the motion carried. * * * * * " Charles Matthewson, 2880 South Ursula, Denver, law clerk for Attorney Erick Furedy, was present regarding Plantation, Inc. Councilman Smith explained that this item will be discussed again during this meeting. "*"""" Mayor Taylor noted that the Mayor's Coffee on August 12 will be a picnic at Cushing Park. He stated that Harold Rust of Public Service Company will be retiring on October 1 and requested Council's consideration of declaring August 12 as Harold Rust Day. COUNCILMAN CLAYTON K>VED TO DIRECT 'DIE CITY ATTORNEY TO PREPARE A PROCLAMATION DECLARING AUGUST 12, 1976 AS HAROLD RUST DAY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. August 2, 1976 Page 15 Nays: None. The Mayor declared the motion carried. * * * * * * Councilman Smith presented a resolution denying the application of Plantation, Inc. to change location from 5020 South Broadway to 4756 South Broadway. RESOLUTION NO. 40, SERIES OF 1976 A RESOLUTION DISAPPROVING '11lE APPLICATION OF PLANTATION, INC., A COLORADO CORPORATION, TO CHANGE LOCATION WITHIN THE NEIGHBORHOOD AREA FROM 5020 soum BROADWAY TO 4756 SOUTH BROADWAY, ENGLEWOOD, COLORADO. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 40, SERIES OF 1976. Councilman Mann seconded the motion. Councilman Sovern stated that the City Attorney's opinion should be considered, which is in conflict with this resolution. Upon a call of the roll, the vote resulted as follows: Ayes: Council Med>ers Smith, Brown, Mann, Clayton. Nays: Council Med>ers Williams, Sovern, Taylor. The Mayor declared the motion carried. * * * * * * The Mayor adjourned the City Council meeting at 11:30 p.m.