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HomeMy WebLinkAbout1976-09-07 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 7, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, I met in regular session on September 7, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Clayton Nietfeld, Grace Lutheran Church, 4750 South Clarkaon Street. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williama, 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 l«>VED TO ACCEPT THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF AUGUST 16, 1976. Councilman Brown 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 m>tion carried. COUNCILMAN MANI l«>VED l'O ACCEPT THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF AUGUST 23, 1976. 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. * * * * * * September 7, 1976 Page 2 Harold Ru•t, retiring Di•trict Manager of Public Service Company, 3470 South Broadway, introduced the new Di•trict Manager, Jim Chambers. Mr. Rust also thanked City Council for declaring August 12, 1976 as ''Harold Rust Day". * * * * * * Jan Pfrelyachner, profe••ional parliamentarian, 3267 South Pontiac, wa• pr .. ent to di•cu•• the proper parliamentary procedure for the August 2, 1976 City Council meeting concerning R••olution 36 and Resolution 40. Ma. Pfrelyachner noted that R .. olution 36 was tabled and has died because it was not taken from the table after intervening business at that meeting or before the end of the next regular meeting. She also noted that Resolution 40 is void becau•e it deals with the same subject matter as Resolution 36, which waa not taken from the table. She stated that the motion concerning Resolution 40 i• an illegal motion, and she suggested that it be declared null and void or that it be rescinded. Ms. Pfrelyschner further stated that no valid action baa been taken at this point, and she explained that a new po•itive motion enc011Paa•ing the same subject matter can now be entertained. * * * * * * Jerry Kennedy, 3225 South Race Street, expressed concern over increased traffic flow on Floyd Avenue in the vicinity of Romans Park. He sugge•ted ill8talling atop aign• or yellow f laahing lights at both ends of the park. Sally Willia .. , 2230 Ea•t Floyd Avenue, voiced concern over speeders on Floyd Avenue. She preaented a petition to City Council request- ing atop signs at the inter•ection of Ea•t Floyd Avenue and South Race Street. Councilman Brown reviewed a report dated June 16, 1976 from the Director of Public Works concerning the increa•ed traffic count and the number of speeders in thi• area. COUNCILMAN BROWN MOVED TO UQUEST THE CITY MANAGER TO PREPARE A REPORT AND RECOMMENDATIONS FOR CONTllOU.ING TRAFFIC AND SPEEDING ON EAST FLOYD AVENUE, AND 'DlAT CITY COUNCIL TAKE ACnON WITHIN TWO WEEKS. Council- man Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Willia11111, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Floyd Engeman, attorney repre•enting Howard Johnson Company, dba Ground Round, 5180 South Broadway, was pre•ent to request change of ownership for the hotel and restaurant liquor license from Thomas McKeon to Howard Johnson Company. September 7, 1976 Page 3 COUNCILMAN SOVERN tl>VED TO APPROVE 'DIE REQUEST FOR TRANSFER OF OWNERSHIP OF '111E HOTEL ARD lllSTAUIAMT LIQUOR LICENSE FOR HOWARD JOHNSON CClfPANY, DBA GROUND ROUND, 5180 SOUTH BROADWAY, FBOM THOMAS McKEON TO HOWARD JOHNSON COMPANY. Councilman Williama seconded the mo.tion. Upon a call of the roll, the vote re•ulted •• followa: Ayes: Council Member• Willia .. , Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Pre-scheduled viaitor Robert Rothllan, corporation vice-president of Interstate Leisure, dba runway Freeway, did not appear. received: * * * * * * "Communication• -No Action Recommended" on the agenda were a. Minutes of the Denver Regional Council of Governments meeting of July 21, 1976. b. Minutes of the Police Penaion Board meeting of August 12, 1976. c. Minutes of the Parka and Recreation Commission meeting of Auguat 12, 1976. d. Minute• of the Board of Career Service Commissioners meeting of Auguat 19, 1976. e. Supplement to the audit report for pension and revenue sharing fund• of the City of Englewood. * * * * * * City Manager Mccown preaented a reco ... ndation from the Planning and Zoning Commission that there be a joint .. eting with the City Council, Planning Commission, and the auto wrecking yard owners and operators to discuss the provision• of the auto wrecking and junk yard ordinance as they apply to the preeent operation•. COUNCILMAN SMITH tl>VED TO DIRECT THE CITY MANAGER .TO SET UP A JOINT MEETING OF CITY COUICIL, PLANNING COMMISSION, AND AUTO WRECKING YARD OWNERS AND OPERATORS IN LATE OCTOBD Oil EARLY NOVEMBER. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member• Willi-, Sovern, Smith, Brown, Mann, Clayton, Taylor. September 7, 1976 Page 4 Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum concerning bids for supplying eight trucks as part of the CERF Program. The total cost of the eight vehicles is $58,049.79, which is $3,650.21 under the budget for these vehicles. The low bids received are as follows: Item A -1/2 ton p.u. shortbed (2) -Goodro Ford -$4,145.39 Item B -1/2 ton p.u. longbed -Burt Chevrolet -$4,299.35 Item C -3/4 ton p.u. longbed -Burt Chevrolet -$4,640.56 Item D -1 ton stakebed -Burt Chevrolet -$6,039.07 Item E -2 1/2 ton dump truck (2) -Goodro Ford -$10,642.94 Item F -tilt cab dump truck -Burt Chevrolet -$13,494.15 COUNCILMAN SOVERN !l>VED TO AWARD THE BID FOR ITEMS "A" AND "E" TO GOODRO FORD IN '111E AK>UNT OF $29,576.66; AND TO AWARD THE BID FOR ITEMS "B", "C", "D" AND "F" TO BURT CHEVROLET IN THE .AK>UNT OF $28,473.13. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as followa: Ayes: Council Mnlbers Williama, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown preaented a memorandum from the Chief of Police concerning an investigation of alleged liquor violations against Back Door Discount Liquors, 5450 South Broadway. COUNCILMAN SOVIRN J«>VID TO SET A HEARING ON THE POSSIBLE SUSPENSION OF '111E LIQUOR LICENSE FOR BACK DOOR DISCOUNT LIQUORS, 5450 SOUTH BROADWAY, FOR SEPTEMBER 27, 1976, AT 7:30 P.M.; THAT THE <MmRS OF THE STORE BE NOTIFIED; AND THAT THI CITY EMPLOY EI'l11D MAll'l'Y MILLER, JOHN CRISWELL, OR WESLEY DOAN AS THE PROSECUTING ATTOUIY <If Bl.HALF OF THE CITY. Councilman Mann seconded the 110tion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Willi .. , Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * September 1. 1976 Page 5 INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHOlll TY ORDINANCE RO. 43 SDllm OF 1976 AN ORDINANCE AMENDING SECTION 35. CllAP'l'lll 4. TITLE XIII. OF THE 1969 ENGLEWOOD MUNICIPAL CODE. AS AMDtDED. BY MAINTAINING 'DIE RATE OF SALES AND USE TAX REVENUES AT THREE CERTS (.03) ON EACH DOLLAR. BEYOND DECEMBER 31. 1976; EXPRESSLY REPEALING PROVISIONS OF SECTION 7. OIDIRANCE NO. 27. SERIES OF 1970. RELATING 10 'l'HE EXPIRATION OF SAID TAX; AU'DIORIZING THE REVENUE DERIVED FROM USE TAXES UPON ll>'l'OR VEHICLES• TRAILERS. SEMI-TRAILERS. BUILDING MATERIALS AND SUPPLIES. TO BE SEGREGATED AND HELD APART AND USED SOLELY FOR CAPITAL IMPROVEMENTS. COUNCILMAN WILLIAMS l«>VED TO PASS ORDINANCE NO. 43. 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. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN MANN BY AU'DIORITY ORDINANCE NO. 44 SDIES OF 1976 AN ORDINANCE APPROVING A LEASE AGREEMENT BETWEEN 'l'HE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY. COUNCILMAN MANN K>VED TO PASS ORDINANCE NO. 44. SERIES OF 1976, ON FINAL READING. Councilman Willia• 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. * * * * * * September 7, 1976 Page 6 INTRODUCED AS A BILL BY COUNCILMAN MANN BY AUTHOIUTY ORDINANCE NO. 45 SERIES or 1976 AN ORDINANCE APPROVING AN AGREEMENT AND POLICY STATEMENT BETWEEN THE CITY OF ENGLEWOD, COLOIADO, AND THE ENGLIWOOD HOUSING AUTHORITY RELATING TO THE MANAGEMENT OF THE APAR'IMENTS FOil THI ELDDLY. COUNCILMAN MAllH ll>VED TO PASS ORDINANCE NO. 45, SERIES OF 1976, ON FINAL READING. Councilaan Sovern aeconded the 110tion. Upon a call of the roll, the vote reaulted aa folloV8: Ayes: Council Hellbera Willi ... , Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the 11ation carried. * * * * * * Mayor Taylor declared a receaa at 9:00 p.m. Council reconvened at 9:15 p.a. Upon a call of the roll, the following were present: Council Mellbera Williama, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. 'nle Mayor declared a quorum present. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE AMENDING CHAPTER 5, TITLE I (ADMINISTRATION) OF THE 1969 ENGLEWOOD MUNICIPAL OODE BY COATING THE DEPAR'IMENTS OF 'WASTEWATER TREATMENT' AND 'ENGINEERING SEllVICES'; ESTABLISHING DEPARTMENT HEADS THEREFOR, AND DEFINING 'DIE DUTIES THEREOF. COUNCILMAN WILLIAMS !l>VED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING CHAPTER 5, TITLE I (AllUNISTRATION) OF THE 1969 ENGLEWOD MUNICIPAL CODE BY CllATING THE DEPAR'IMENTS OF 'WASTEWATER TREA'IMENT' AND 'ENGINEERING SERVICES'; ESTABLISHING DEPARTMENT HEADS THEREFOR, AND DEFINING 'DIE DUTIES THEREOF. Councilman Smith seconded the motion. In response to Councilman Mann, City Manager McCown stated that the increase in coats should be made up by leas need for outside consultants. Councilman Hann stated he doe• not like to see the city government expanding. September 7, 1976 Page 7 Upon a call of the roll, the vote resulted as follows: Ayes: Council Melllbere Willia .. , Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Member Mann. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MIJNICIPAL CODE BY ADDING A NEW ARTICLE III THEUTO, LEVYING AND FIXING A LICENSE TAX ON ALL PERSONS CONDUCTING OR ENGAGING IN THE BUSINESS OF PROVIDING ENTERTAIN- MENT OR AMIJSEMERT AND COLLECTING AN ADMISSION CHARGE FOR SAID ENTERTAINMENT OR AMUSEMENT; PROVIDING FOR THE PAYMENT AND COLLECTION OF THE TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND, RENUMBERING '11iE SECTIONS CONTAINED UNDER ARTICLE IV OF SAID CHAPTER 2. COUNCILMAN SOVERN !l>VED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW ARTICLE III 'lHERETO, LEVYING AND FIXING A LICENSE TAX ON ALL PERSONS CONDUCTING OR ENGAGING IN THE BUSINESS OF PROVIDING ENTERTAIN- MENT OR AMUSEMENT AND COLLECTING AN ADMISSION CBARGE FOR SAID ENTERTAINMENT OR AMUSEMENT; PROVIDING FOR THE PAYMENT AND COLLECTION OF THE TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF nus ORDINANCE; AND, RENUMBERiti; THE SECTIONS CONTAINED UNDER ARTICLE IV OF SAID CHAPTER 2. Councilman Williams seconded the motion. Councilman Sovern explained that the revenues from this tax will go into the Public Improvement Fund for the Capital Improvement Program. 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 Attorney Berardini presented a right-of-way agreement between the City of Englewood, City of Littleton, and Motor Crane Service Company. 'nlia agreement provides for a permanent easement and temporary construction easement for the City of Littleton in the amount of $21,000 for the purpose of construction and maintenance of a portion of an interseptor sewer line to the Bi-City Treatment Plant. Thia interaeptor sewer line will be placed on a portion of City owned land which is presently leased to Motor Crane. September 7, 1976 Page 8 COUNCILMAN SOVERN K>V!D TO INSTRUCT THE CITY ATTORNEY TO PREPARE A BILL FOR AN ORDINANCE, THAT COPIES OF THE APPRAISAL BE OBTAINED AND VERIFIED, AND '111AT ACTION ON '111E BILL BE TAKEN AT THE NEXT REGULAR CITY COUNCIL MEETING. 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. * * * * * * City Attorney Berardini gave a brief report concerning the application for a retail liquor store license by Liquor Barn, which had been denied by City Council. This case was taken to District Court, and the City lost the case in the trial court. City Council then voted to appeal the case. However, Mr. Berardini reported that the appeal was filed too late; and the City has been directed by court order to issue the license. * * * * * * City Manager Mccown presented an agreement between the Denver Regional Council of Governments and Public Employers Group for services related to labor relations. He requested approval for the City to partic- ipate in a long-range intensive work program established by DRCOG and PEG. COUNCILMAN CLAYTON K>V!D TO APPROVE THIS AGREEMENT WI'111 THE FOLLOWING CHANGE IN PAGE 2, ITEM 6a, CHANGING THE LAST WORD FROM "DRCOG" TO "PEG"; THAT CITY COUNCIL'S INTENT BE FOR THE SAME GROUP THAT FUNDS THE POSITIONS ALSO HIRE AND TERMINATE PERSONNEL; AND TO AUTHORIZE THE EXPENDI'l11RE OF $600 FOR TIIE REMAINDER OF TIIIS YEAR. Councilman Smith seconded the motion. City Manager McCown explained that this agreement calls for the hiring of an administrative assistant and a consultant on a retainer basis. He stated that PEG meets two or three times a month, plus meetings held by ad hoc colllllittees. Councilman Mann expressed concern over DRCOG being involved. COUNCILMAN CLAYTON K:>VED TO POSTPONE 'DIE ORIGINAL K>TION UNTIL THE REGULAR CITY COUNCIL MEETING ON SEPTEMBER 20, 1976 WITH INSTRUCTIONS TO '111E CITY MANAGER TO BRING BACK THE AGREEMENT WITH THE CORRECTION AS STATED IN THE ORIGINAL K:>TION. Councilman Smith seconded the motion. Councilman Smith pointed out that this matter will come up for review again next year so that Council can determine if it has been effective. After further discussion, Councilman Clayton withdrew his motion and Councilman Saith withdrew his second. September 7, 1976 Page 9 Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Clayton, Taylor. Nays: Council Members Williams, Mann. The Mayor declared the motion carried. COUNCILMAN MANN !l>VED TO INSTRUCT '111E CITY MANAGER TO WITIIDRAW FROM THE PUBLIC EMPLOYERS GROUP. Councilman Williams seconded the motion. Councilman Mann stated that he feels this is another unnecessary level of bureaucracy which takes the citizens' representatives out of the picture. City Manager Mccown stated that coordination is needed in these activities and that the group provides proven information. He further stated that it is a cooperative effort between cities in the area. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Mann. Nays: Council Members Sovern, Smith, Brown, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * City Manager Mccown gave a brief report concerning the status of negotiations on the relocation of businesses on the corner of Girard Avenue and Lincoln Street. He stated that he submitted a report approximately four to six weeks ago to John Criswell, attorney representing the tenants. The City is now awaiting contact from Mr. Criswell to schedule a meeting. * * * * * * City Manager Mccown presented a memorandum from the Director of Public Works concerning agreements with The Denver and Rio Grande Western Railroad Company and The Atchison, Topeka and Santa Fe Railway Company for crossing and utilization of their tracks to install the widening and improvements for the Dartmouth/Santa Fe intersection. COUNCILMAN MANN !l>VED TO ACCEPT '111ESE AGREEMENTS AND TO AUTHORIZE THE MAYOR TO SIGN '111E NECESSARY DOCUMENTS. Councilman Sovern 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. Septellber 7, 1976 Page 10 The Mayor declared the motion carried. * * * * * * City Manager Mccown presented the revised Six-Quarter Budget for July 1976 through December 1977. RESOLUTION NO. 42, SERIES OF 1976 A RESOLUTION AMENDING 'l'HE 1976 BUDGET IN THE PUBLIC IMPROVEMENT ruND. COUNCILMAN BROWN MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1976. Councilman Sovern aeconded the motion. COUNCILMAN SMITH MOVED TO AMEND PARAGRAPH ONE OF RESOLUTION NO. 42, SERIES OF 1976, TO READ ''WHEREAS, THE CITY COUNCIL IS ADOPTING THE SIX-QUARTER BUDGET ••• ". Councilman Sovern 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. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williams, Sovem, Smith, Brown, Mann, Clayton, Taylor .. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown reported on the progress of Emerson Mini Park. He stated that the two lots on the east side of Emerson Street which are north and south of the piece of property to be developed have fences that encroach on the City property. The City has offered to let these two property owners purchase these small encroaching parcels of land and has received offers as follows: Harvey Martinez, 2940 South Emerson, approxi- mately 1,800 square feet, $750; John Frazier, 2970 South Emerson, approxi- mately 850 square feet, $357. COUNCILMAN BROWN MOVED TO ACCEPT THE OFFERS FOR THE SALE OF 1W SMALL PARCELS OF LAND AT EMERSON MINI PARK. 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. September 7, 1976 Page 11 Nays: None. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a request for the use of McLellan Reservoir by Diving, Ltd., which has been approved by the Water and Sewer Board. He suggested that the staff begin working with the Water and Sewer Board to set up policies relating to the use of McLellan Reservoir. COUNCILMAN SMl'nl K>VED TO APPROVE nlE USE OF McLELLAN RESERVOIR BY DIVING, LTD., AND TO DIRECT THE WATER AND SEWEil BOARD TO DEVELOP A USE PLAN FOR 1977. Councilman Brown seconded the motion. Councilman Sovern pointed out that there are five groups already using McLellan Reservoir and that policies need to be established before further use is approved. Upon a call of the roll, the vote reaulted as follows: Ayes: Council Members Smith, Clayton. Nays: Council Members Williams, Sovern, Brown, Mann, Taylor. The Mayor declared the motion defeated. * * * * * * Mayor Taylor suggeated changing City Council meeting nights from Monday to Tuesday because of aports functions on Monday nights. COUNCILMAN BROWN )l)VED TO DIRECT THE CITY MANAGER TO CONSIDER '111E PROS AND CONS OF '11118 CHANGE AND TO REPORT BACK TO CITY COUNCIL. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Taylor. Nays: Council Members Sovern, Smith, Clayton. The Mayor declared the motion carried. * * * * * * Mayor Taylor presented a resolution appropriating funds for the annual Christmas parade and the City Council retreat for consideration of the 1977 Budget. RESOLUTION NO. 43, SERIES OF 1976 A RESOLUTION AMENDING '111E 1976 BUDGET IN THE GENERAL FUND. September 7, 1976 Page 12 COUNCILMAN SMI'l11 K>VED TO PASS RESOLUTION NO. 43, SERIES OF 1976. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovem, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN K>VED TO AUTHORIZE THE CITY AlTORNEY TO ASSIST '111E VOLUNTEER FIRE DEPAR'IMENT IN REVIEWING '111EIR BYLAWS PRIOR TO FINAL ACCEPTANCE BY '111E VOLUNTEER FIRE DEPAR'IMENT. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovem, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED TO AUTHORIZE THE CITY AlTORNEY TO ASSIST 'DIE SOU'Dl CCHWNITY EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE IN 'DIE PREPARATION AND FILING OF CORPORATION PAPERS. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovem, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO STRIKE RESOLUTION NO. 40, SERIES OF 1976, FROM THE RECORD. Mayor Taylor ruled Resolution No. 40, Series of 1976, to be null and void. Councilman Williama withdrew his motion. RESOLUTION NO. 44, SERIES OF 1976 A RESOLUTION APPROVING THE APPLICATION OF PLANTATIC., INC., A COLORADO CORPORATION, TO CIANGE LOCATION WITHIN '111E NEIGHBORHOOD AREA FROM 5020 SOUTH BROADWAY TO 4756 SOU'Dl BROADWAY, ENGLEWOOD, COLORADO. September 7, 1976 Page 13 COUNCILMAN WILL!Mm MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1976. Councilman Sovern seconded the motion. City Attorney Berardini stated that Terezia Kesmarki, owner of Plantation, Inc., has filed suit against the City in the total amount of $157,600 for damages incurred. He further stated that his office has received a notice of intent to file suit for damages against Council Members Clayton, Brown, Mann and Smith for the same amount. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Brown, Clayton, Taylor. Nays: Council Members Smith, Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor adjourned the City Council meeting at 11:30 p.m.