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HomeMy WebLinkAbout1976-10-04 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO October 4, 1976 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 4, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn, Immanuel Lutheran Church, 3695 South Acoma.. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, Clayton, Ta\Ylor. Absent: Council Member Sovern. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director of Community Development Wanush Deputy City Cler:k Johannisson • • • • • • COUNCILMAN BROWN MOVED TO ACCEPI' THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF SEPl'EMBER 20, 1976. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. * * • * * * Kathy Busch, 6310 South Newport, Littleton, appeared representing the League of Women Voters. She presented City Council with copies of the League of Women Voters Ballot Issues for 1976. • * • * • • Fran Draper, 6050 South Grant, Littleton, President of Englewood Business and Professional Women's Club, and Pat Humphryes, 783 South Corona, Denver, Committee Chairperson of Englewood Centennial Business and Professional October 4, 1976 Page 2 Women's Club, were present. Mayor TS¥lor presented them with a proclamation declaring the week of October 17-23, 1976, as National Business and Professional Women's Week. They both thanked Council for the proclamation. • • • • • • M. M. Summers, 3140 South Delaware, was present to discuss the City's . I need for an auditorium and a hotel. He stated that a complex of this type could be put where the old Police/Fire building was. He also recommended that City Council vote themselves a salary increase. • • • * • • COUNCILMAN MANN K)VED TO INCLUDE LES HOWE AND STUART BENNETI' UNDER THE PRE-SCHEDULED VISITORS SECTION OF THE AGENDA. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Willia.ms, Brown, Mann, Clayton, Taylor. NS¥s: Council Member Smith. Absent: Council Member Sovern. The MS¥or declared the motion carried. Les Howe, 3295 South Broadw&¥, appeared and asked the following questions of City Council concerning the amusement tax: (1) how was the $25.00 amount in the Bill for an Ordinance arrived at; (2) of the expected $45,000 to be made from the tax, what is the breakdown of the effect on each of the Englewood businesses; (3) what will be done with the income received from the tax; and (4) do you believe this type of tax will discourage private investment in new business in Englewood, and if no, why. Councilman Smith responded for City Council. He indicated that the amount was arrived at through comparison with other cities and pointed out that there are other cities with higher amounts for taxes on bowling alleys, pinball machines, and pool tables. He stated that the effect on each individual business could not be given because of the confidentiality of income figures. Councilman Smith stated that the amount to be received from this source of tax would be put in the Public Improvement Fund. He also indicated that this would not discourage private investment in new business in Englewood because of other tax sources which compare very favorably with surrounding communities. Attorney Stuart Bennett appeared representing General Cinemas concerning the amusement tax. He stated that the new ordinance would result in unfair competition, increase cost to patrons, decrease revenues in the long run because of a detrimental effect on Cinderella City, and is uncon- stitutional. He stated that the tax is discriminatory on theatres because there are other services in the City which are not being taxed. He also stated that there is no collection fee which is offered in other tax collection methods. Mr. Bennett presented petitions containing 320 signa- tures in opposition to the ordinance. • • • • • • October 4, 1976 Page 3 COUNCIIJ.fAN MANN t«>VED TO OPEN A PUBLIC HF.ARING TO CONSIDER THE 1977 BUDGET OF THE CITY OF ENGLEWOOD. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. City Manager Mccown indicated that the budget was being brought back before City Council because previously the full budget for the Water and Sewer Department had not been included. He highlighted various portions of the budget. He stated that the noise control program, communications supervisor, and parking enforcement officers are to be deleted. Items to be added are two patrolmen, records clerk for the Police Department, sane Parks equipment, and a microfilming program. A letter was entered into the record from Chester E. Hughes, 3934 South Pearl, indicating that he is against the deletion of the noise control program. A discussion relating to the Water and Sewer Fund indicated a major increase in sewer tap fees which would primarily effect those areas outside the City limits to help defray the retirement of .the sewer bonds for the new sewer plant. There would be a small decrease in unmetered fees for sewer service and a water rate increase of 11%. Maurice Jones, 5020 South Washington, made extensive comments relating to the water pressure situation and the water problem in general. Joel Huston, 3290 South Galapago, expressed concern with the dis- continuance of the noise control program. Emily Bockel, 3845 South Grant, expressed the need for the noise control program. Councilman Smith left the meeting at 8:50 p.m. Gary Jasmund, Englewood Noise Control Officer, explained the work he has done with the City relating to noise control. Eva Eisenberg, 4959 South Galapago, presented questions about how the City raises money for the water budget. Les Howe, 3295 South Broadway, cormnented on the golf course and Parks spending programs. Maurice Merlin, 3688 South Sherman, raised several questions relating to the budget. He indicated that he is for the noise control program and improvements to the water system in Englewood. Isabella Knight, 3021 South Lincoln, questioned the deletion of the parking control program. October 4, 1976 Page 4 Maurice Jones, 5020 South Washington, asked how the City would continue with the parking control program. Fran Howard, 645 East Yale Place, stated she is in favor of a noise control program. Myrtle Jones, 5020 South Washington, commented on some of the admin- istrative costs in the budget which she felt were excessive. COUNCILMAN BROWN MOVED TO CLOSE THE PUBLIC HFARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • Ma.ror Taylor declared a recess at 9:40 p.m. Council reconvened at 9:55 p.m. Upon the call of the roll, the following were present: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared a quorum present. • • • • • • "Communications -No Action Recommended" on the agenda were received: (a) Minutes of the Planning and Zoning Commission meeting of September 8, 1976. (b) Minutes of the Parks and Recreation Commission meeting of September 9, 1976. (c) Minutes of the Board of Career Service Commissioners meeting of September 16, 1976. (d) Minutes of the Police Pension Board meeting of September 23, 1976. (e) Memorandum from the Director of Finance to the City Manager concerning remodeling at Arnie's Lounge, 3467 South Broadway. (f) Schedule for construction of North Central II Storm Drainage Project. October 4, 1976 Page 5 City Manager Mccown presented a recommendation from the Water and Sewer Board to authorize the firm of Divers' Unlimited to use McLellan Reservoir for divers training during the remainder of 1976. He stated that this item had not been acted upon at an earlier Council meeting because of an oversight on his part. COUNCILMAN SMITH MOVED TO ALLOW DIVERS' UNLIMITED TO USE McLELLAN RESERVOIR FOR DIVERS TRAINING DURING THE REMAINDER OF 1976. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a recommendation from the Water and Sewer Board to authorize a sewer rate increase to 23¢/1,000 gallons with no customer class receiving a lower bill. COUNCIIMAN MANN MOVED TO RECEIVE THE RECOMMENDATION FROM THE WATER AND SEWER BOARD RELATING TO NEW SEWER RATES AS A RESULT OF E.P.A. MANDATED RATE SCHEDULES. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • Director of Community Development Wanush presented a recommendation from the Planning and Zoning Commission regarding the 1977-78 State Highway Department Work Program. Mr. Wanush stated that the items listed are not by priority but are items which the City desires to be included for the Highway Department's consideration. COUNCILMAN SMITH MOVED TO ADOPT THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION IUnARDING THE 1977-78 STATE HIGHWAY DEPARTMENT WORK PROGRAM. Councilman Brown seconded the motion. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION BY DELETING FLOYD AVENUE FROM THE RECOl+!ENDATION AS STATED IN ITEM II-A-2. Councilman Mann seconded the motion. Upon a call of the roll, the vote on the motion resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton, Taylor. Nays: None. October 4, 1976 Page 6 Abstain: Council Member Williams. Absent: Council Member Sovern. The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO AMEND THE K>TION BY DELETING I-470 FROM THE RECOMMENDATION. There was no second. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton, Taylor. Nays: None. Abstain: Council Member Williams. Absent: Council Member Sovern. The Mayor declared the motion carrie.d. Councilman Mann asked that his objection to I-470 be made a matter of record in the minutes for this meeting. • • • • • • COUNCILMAN WILLIAIE K>VED TO RENEW THE 3.2 BEER LICENSE FOR SAFEWAY STORES, INC. AT 125 EAST HAMPDEN AVENUE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • COUNCILMAN WILLIAMS K>VED TO RENEW THE 3.2 BEER LICENSE FOR SEVEN ELEVEN STORE AT 1277 EAST HAMPDEN AVEJUE. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • * • * • October 4, 1976 Page 7 COUNCIIJ4AN WILLIA!I> K>VED TO RENEW THE 3.2 BEER LICENSE FOR NATIONAL FOODS AT 4160 SOUTH BROADWAY. Councilm&l Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Soveni. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUHCIIJ4AN SOVERN BY At11'HORITY ORDINABCE NO. 47 SERIES OF 1976 AB ORDINANCE AMENDING SUBSECTION (a) OF SECTION 5, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MJNICIPAL CODE, AS AMENDED, BY INCREASING SEWER TAP FEES AND INCREASING THE COST OF S~ MAIN EXTENSIOIS, WITHIN THE INDUSTRIAL AND COMMERCIAL ARF.AS BOTH INSIDE AND OUTSIDE THE CORPORATE LIMITS OF THE CITY OF ENGLE\«)()D. COUNCiatAB MAD M>VED TO PASS ORDINANCE NO. 47, 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, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUHCILMAN SMITH BY AUTHORITY ORDIIABCE 10. 48 SERI!5 OF 1976 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, 'IEE CITY OF LITTLETON, COLORADO, AND K>roR CRANE SERVICE COMPANY RELATING TO A PERMANENT EAS»4ENT AND TEMPORARY CONSTRUCTION EASEMENT. COUNCIIJ4AN SMITH M>VED TO PASS ORDINANCE NO. 48, SERIES OF 1976, ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: October 4, 1976 Page 8 Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the DX>tion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN BY AUTHORITY ORDINANCE NO. 49 SERIES OF 1976 AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW ARTICLE III THERETO, LEVYING AND FIXING A LICENSE TAX ON ALL PERSONS CONDUCTING OR ENGAGING IN THE BUSINESS OF PROVIDING ENTERTAINMENT OR AMUSEMENT AND COLLECTING AN ADMISSION CHARGE FOR SAID ENTERTAINMENT OR AMUSE- MENT; PROVIDING FOR THE PAYMENT AND COLLECTION OF THE TAX; PRESCRIBING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; AND, RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF SAID CHAPI'ER 2. COUNCILMAN SMITH MOVED 'ro PASS ORDINANCE NO. 49, SERIES OF 1976, ON FINAL READING. Councilman Mann seconded the motion. City Attorney Berardini stated that the intent of Council is not to pass this ordinance because of a bill for an ordinance to be presented which changes the taxing methods. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith. Nays: Council Members Williams, Brown, Mann, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared the motion defeated. • • • • • • COUNCILMAN BROWN MOVED 'ro TABLE CONSIDERATION FOR ONE YEAR OF A BILL FOR AN ORDINANCE RAISING THE SALARIES OF THE COUNCIL MEMBERS. Councilman Williams seconded the motion. Co uncilman Brown stated that Council should consider this matter later next year when they have a better idea of inflation figures and budget figures. Councilman Smith stated that this should be considered now because it may become a campaign issue if considered next year. October 4 , 1976 Page 9 Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Williams. Nays: Council Members Smith, Brown, Mann, Clayton, Taylor. Absent: Council Member Sovern. The Mayor declared the motion defeated. INTRODUCED AS A BILL BY COUllCIUi!AN BROWN A BILL FOR AN ORDINANCE AMENDING SECTION 41, CHAPTER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES", BY INCREASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUNCIL, TO BECOME EFFECTIVE DURING THAT COUNCIL TERM COMMENCING AT 7:30 P.M. ON THE FIRST MONDAY AFTER JANUARY 1, 1978. COUNCILMAN BROWN K>VED TO PASS ON FIRST READING A BILL FOR AN ORDIBAICE AMENDING SECTION 41, CHAPl'ER 4, TITLE I, OF ARTICLE IV, ENTITLED "COUNCIL SALARIES", BY INCRF.ASING SAID SALARIES FOR FUTURE MEMBERS OF THE ENGLEWOOD CITY COUllCIL, 'ro BECOME EFFECTIVE DURING THAT COUNCIL TERM COMMENCING AT 7:30 P.M. OB THE FIRST K>.RDAY AFTER JABUARY 1, 1978. Councilman Smith seconded the motion. Councilman Mann and Mayor Taylor both spoke for favorable considera- tion of this Bill. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton, Taylor. Nays: Council Member Williams. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCIUotAN SMITH A BILL FOR AN ORDINANCE AMENDING CHAPl'm 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A lni ARTICLE III THERETO, LEVYING AND FIXING AN EXCISE TAX IN THE AMOUNT OF THREE (3%) PERCE.RT ON THE PRICE PAID 'ro GAIN ADMISSION TO ANY PLACE OR EVE.RT IB THE CITY, WHICH IS OPEN TO THE PUBLIC; PROVIDING FOR THE PAYMENT A.RD COLI.reTION OF SAID TAX; PRESCRIBING PENALTIES FOR THE VIOLA- TION OF THIS ORDillANCE; AND RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF CHAPI'ER 2 OF SAID TITLE IX. COUNCILMAN SMITH MOVED TO PASS ON FIRST READING A B!LL FOR AN ORDINANCE AMENDING CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY ADDING A lni ARTICLE III THERETO, LEVYIBG A.RD FIXING AN EXCISE TAX October 4, 1976 Page 10 IN THE AMOUNT OF THREE ( 3%) PERCENT ON THE PRICE PAID TO GAIN ADMISSION 'ro ANY PLACE OR EVENT IN THE CITY, WHICH IS OPEN 'ro THE PUBLIC; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID TAX; PRESCRIBING PENALTIES FOR THE VIOLA- TION OF THIS ORDINANCE; AND RENUMBERING THE SECTIONS CONTAINED UNDER ARTICLE IV OF CHAPl'ER 2 OF SAID TITLE IX. Councilman Clayton seconded the motion. Councilman Mann stated that he is against this Bill for an Ordinance because the tax being levied is a tax which will be passed right on to the consumer. Councilman Williams stated that he is against this Bill for an Ordinance because the amount of money to be raised is not very large. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Clayton, Taylor. Nays: Council Members Williams, Mann. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • * INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING ARTICLE IV, SF.cTION 50, CHAPl'ER 2, TITLE IX, OF THE 1969 ENGLEWOOD KJNICIPAL CODE, AS AMENDED, RELATING TO AND INCREASING MISCELLANEOUS AMUSEMENT FEES WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN SMITH MOVED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING ARTICLE IV, SECTION 50, CHAPTER 2, TITLE IX, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO AND INCREASING MISCELLANEOUS AMUSEMENT FEES WITHIN THE CITY OF ENGLEWOOD. Councilman Brown seconded the motion. Councilman Mann stated that he is against this Bill for an Ordinance because the increase will just be passed on to the consumer. He stated that in his opinion the consumer is being taxed to much already, and that the consumer some day in the future will stage a tax revolt. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown,. Clayton, Taylor. Nays: Council Members Williams, Mann. Absent: Council Member Sovern. The Mayor declared the motion carried. * * * * * * October 4, 1976 Page 11 INTRODUCED AS A BILL BY COUNCILMAN MANN A BILL FOR AN ORDINANCE .AMENDING CHAPI'ERS 3 AND 6, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS; AND ESTABLISHING SALARY AND WAGE SCHEDULES FOR GENERAL CAREER SERVICE EMPLOYEES FOR THE YEARS 1977 AND 1978, AND FOR FIRE AND POLICE DEPARTMENT EMPLOYEES FOR THE YEARS 1977, 1978 AND 1979. City Manager Mccown questioned the retention of a portion of Paragraph 5-3-7 which states "at any time during the probationary period, the employee may be dismissed or returned to his former status by the appointing authority with the approval of the Board". He questioned the phrase "with the approval of the Board", indicating that the Career Service Board has no say over an employee during the probationary period. He recommended that this phrase be deleted. COUNCILMAN MANN K>VED TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING CHAPI'ERS 3 AND 6, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, RELATING TO PROBATIONARY APPOINTMENTS; AND ESTABLISHING SALARY AND WAGE SCHEDULES FOR GENERAL CAREER SERVICE EMPLOYEES FOR THE YEARS 1977 AND 1978, AND FOR FIRE AND POLICE DEPAR'IMENT DIPLOYEES FOR THE YEARS 1977, 1978 AND 1979; AND 'ID AMEND THIS BILL FOR AN ORDINANCE BY DELETING THE PHRASE "WITH THE APPROVAL OF THE BOARD" FROM PARAGRAPH 5-3-7. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Bays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCiuwt MANN A BILL FOR AN ORDINANCE AMENDING SECTION 8, CHAPI'ER 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DECRF.ASING THE MONTHLY CONTRIBUTION OF FIRE FIGHTERS TO THE FIRF>1EN'S PENSION FUND. COOICII.HAB MAD MOVED 'ID PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING SECTION 8, CHAPTER 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, AS AMENDED, BY DECREASING THE K>NTHLY CONTRIBUTION OF FIRE FIGHTERS TO THE FIRE>IEN'S PENSION FUND. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. October 4, 1976 Page 12 Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING CHAPI'ER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REVISING THE SCHEDULE OF RATES AND CHARGES FOR SANITARY SEWAGE SERVICE. COUNCILMAN SMITH M)VED 'ro PASS ON FIRST READING A BILL FOR AN ORDINANCE AMENDING CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, BY REVISING THE SCHEDULE OF RATES AND CHARGES FOR SANITARY SEWAGE SERVICE. Councilman Brown seconded the motion. City Manager Mccown stated that the major effect of this Bill for an Ordinance will be to raise rates for metered accounts and to lower rates for flat rate accounts. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, TS\Y'lor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • City Attorney Berardini stated that he had received a request from the Department of Community Development to take legal action against the owner of the property at 3228 South Clarkson because the building there is both dangerous and causing a public nuisance. Specifically, the Department of Community Development has requested that the owner of the property either demolish the building or bring it up to code. COUNCILMAN CLAYTON MOVED 'ro INSTRUCT THE CITY ATTORNEY 'ID TAKE WHATEVER ACTION IS NECESSARY AGAINST THE OWNER OF THE PROPERTY AT 3228 SOUTH CLARKSON TO BRING THE BUILDING AT THAT LOCATION UP 'ID CODE OR 'ro HAVE IT DE)[)LISHED. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, TS\Y'lor. Bays: Rone. Absent: Council Member Sovern. October 4, 1976 Page 13 The Mayor declared the motion carried. • • • • • • COUNCILMAN SMITH MOVED 'ID ESTABLISH THE CITY OF .ENGLEWOOD MILL LEVY AT 7 MILU>. Councilman Clayton seconded the motion. City Manager Mccown stated that the mill levy had to be certified to the County by November 1st. COUNCILMAN MANN MOVED 'ID POSTPONE CONSIDERATION OF SETTING THE CITY OF ENGI.El«>OD MILL LEVY UNTIL THE NEXT COUNCIL MEETING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Brown, Mann, Clayton, TS¥lor. Nays: Council Member Smith. Absent: Council Member Sovern. The MS¥or declared the motion carried. • • • • • • City Manager Mccown presented an agreement between the City of Englewood and Stearns-Roger Corporation for the conveyance of the property for the relocation of the 2700 block or South Elati Street. COUNCILMAN SMITH MOVED 'ID AUTHORIZE 'mE MAYOR 'ID SIGN THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND STEARNS-ROGER CORPORATION FOR CONVEYANCE OF THE PROPERTY FOR THE RELOCATION OF THE 2700 BLOCK OF SOUTH ELATI STREET. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • City Manager McCown presented a memorandum from the Director of Public Works concerning a possible cooperative venture with the City and County or Denver for a paving district to pave Evans Avenue in the City of Englewood. He stated that the City's share of this project would be approximately $83,000. COUNCILMAN CLAY'IDN MOVED 'ID RECEIVE THIS REPORT AND 'ID DIRECT THE STAFF 'ID STUDY 'mE POSSIBILITY OF REDIRECTING THE CITY PRIORITIES TO WCATE $83,000 TO COMPLETE THE PROJECT; AND TO INFORM THE CITY AND COUNTY OF DENVER THAT THE CITY IS INTERESTED IN THIS PROJECT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: October 4, 1976 Page 14 Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented a memorandum from the Assistant City Manager concerning the 1977 budget requests. He answered a number of questions that City Council had raised at their recent retreat relating to the proposed budget. He stated that City Council could not be included in the City's insurance coverage because of rules set up by the Colorado Insurance Commission. He further stated that individual insurance coverage for Councilmen might be possible, but that it would depend upon availability and the cost. COUNCILMAN MANN M:>VED TO DIRECT THE CITY STAFF TO PROVIDE ADDITIONAL INFORMATION ABOUT INDIVIDUAL INSURANCE COVERAGE FOR CITY COUNCIL MEMBERS. Councilman Brown seconded the IOOtion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. A brief discussion followed concerning the other items in the report. COUNCILMAN CLAYTON MOVED 'ro DIRECT THE CITY MANAGER TO DISCUSS THE OTHER ITE>1S WITH THE APPROPRIATE CITY DEPARTMENTS. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. Nays: None. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • * * * City Manager Mccown presented a memorandum from the Director of Parks and Recreation requesting the City's support of Proposal Nl relating to sweepstakes. RESOLUTION NO. 48, SERIES OF 1976 A RESOLUTION IN SUPPORT OF PROPOSITION 1. October 4 , 1976 Page 15 COUNCILMAN MANN MOVED 'lU PASS RESOLUTION NO. 48, SERIES OF 1976. There was no second. RESOLUTION NO. 49, SERIES OF 1976 A RESOLUTION IN OPPOSITION TO PROPOSITION 10. COUNCILMAN SMITH MOVED 'lU PASS RESOLUTION NO. 49, SERIES OF 1976. Councilman Brown seconded the motion. Councilman Mann stated that Proposition 10 to be voted on in the November election is an indication of the general public's displeasure with government and is a part of the coming tax revolution. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Mann, Clayton, T~lor. Nqs: None. Abstain: Council Member Williams. Absent: Council Member Sovern. The Mayor declared the motion carried. In response to a Council protest that Councilman Williams must vote and cannot abstain, Councilman Williams stated that he is covered by the Hatch Act because he is an employee of a government agency. COUNCILMAN CLAYTON MOVED 'ro SUPPORT COUNCILMAN WILLIAM'S RIGHT TO ABSTAIN ON 'lliE VOTE. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Brown, Cl~on. Nays: Council Members Mann, T~lor. Abstain: Council Member Williams. Absent: Council Member Sovern. The M~or declared the motion carried. * * * * * • City Manager Mccown asked that City Council approve an application under the Public Works Bill to add the high school storm drainage project to the federal request. COUNCILMAN BROWN MOVED 'lU APPROVE AN APPLICATION UNDER THE PUBLIC WORKS BILL 'ro ADD THE HIGH SCHOOL STORM DRAINAGE PROJECT TO THE FEDERAL REQUEST. Councilman Smith seconded the motion. October 4, 1976 Page 16 Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Brown, Mann, Clayton, Taylor. N~s: None. Absent: Council Member Sovern. The Mayor declared the motion carried. * • * • • • City Manager Mccown stated that he is very displeased with the recent decision made by the Governor's ad hoc committee relating to the super grid for I-470 in that they did not consult the City of Englewood, who is vitally interested in this project. He stated that he is not interested in making an issue of the super grid or I-470, but that he is interested in making an issue of the method in which the decision was reached. He asked that the Mayor write a letter to the Governor stating the City's displeasure. COUNCILMAN SMITH K)VED TO DIRECT THE MAYOR WITH THE HELP OF THE ADMINISTRATION TO WRITE A LETTER TO THE GOVERNOR WITH A COPY SENT TO THE CHAIRMAN OF THE AD HOC COMMITI'EE OBJECTING TO THE LACK OF CONCERN REGARDING THE CITY OF ENGLEWOOD IN THEIR SUPER GRID DECISION, RIGHT OR WRONG. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Smith, Mann, Taylor. Nays: Council Members Clayton, Brown. Abstain: Council Member Williams. Absent: Council Member Sovern. The Mayor declared the motion carried. • • • • • • Councilman Brown stated that City Council should invite the Board of Directors of Cinderella City to a dinner meeting. • • • • • * Mayor Taylor invited everyone to a 100 year birthday party for Lola Lathey on October 6th in the City Hall Canmunity Room. Mayor Taylor stated that the parade meetings will be held on an on-call basis and that everyone is invited. Mayor Taylor stated that he is against having public hearings on the same night as a regular Council meeting. He suggested that they be held on off Mondays. * * * * * * October 4 , 1976 Page 17 Mayor Taylor adjourned the City Council meeting at 12:30 a.m.