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HomeMy WebLinkAbout1975-01-20 (Regular) Meeting Minutes'I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 20, 1975 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular sesaion on January 20, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Rev. Fred Hahn, Immanuel Lutheran Church. The Pledge of Allegiance was led by Mayor Taylor. The Mayor asked for a roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director of Community Development Supinger Director of Public Works Waggoner Director of Parks and Recreation Romans Deputy City Clerk Johannisson * * * * * City Manager Mccown asked that several changes be made in the minutes of the last meeting. One, change the date to January 6, 1975. Two, on page J, paragraph 2, the sentence reading"Mr. Heye responded saying that Air Products in their opinion was the low bidder and he added that Union Carbide did not enter a protest", should read "Mr. Heye responded saying that Air Products in their opinion was the low responsive bidder, etc." Three, paragraph J, page J, the last phrase should be changed from Air Products bid was considered to be the lowest, to the Air Products bid was considered to be the low responsive bid. Page 8, paragraph 1, the following additions should be made. A. The award of the Bi-City Sewer Treatment Plant bid; B. The consideration of the GEM Liquor application. eeting of January 2 0 , 1975 2 COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE MINUTES OF THE MEETING OF JANUARY 6, 1975 WITH THE ABOVE CHANGES. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: Non e The Mayor declared the motion carried. * * * * * Mrs. Virginia Kaechele, repreeenting the League of Women Voters, Arapahoe County, was present to discuss additional property for park space in Englewood. She read a statement supporting the purchase of land adjacent to Dartmouth Park. Mayor Taylor asked that the agenda be changed just a little bit to include the minutes of the Planning and Zoning Commission meeting of December J, 1974 and the minutes of the Parks and Recreation Commission meeting of January 9, 1975 at this time as they pertain to the item discussed by Mrs. Kaechele. The City Planning and Zoning Commission has recommended that the Dartmouth Park be expanded. City Manager Mccown stated that in order for an expansion to take place, it would be necessary that the appraisal on the property be made so that the purchase could be included in the budget. He estimated that the appraisal would cost about $800. Director or Parks and Recreation Romans stated that Dartmouth Park is one or several parks that were built to replace the old City Park. The 4.9 acres that are being recommended for purchase was part or t he original Dartmouth Park plan, but was not purchased for lack or funds. This land could be used for the Dartmouth Park expansion and could be used for possibly tennis courts or a swimming pool. Mayor Taylor stated that rumor has it that the asking price for the property is $900,000. Director of Parks and Recreation Romans stated that an appraisal of the property is necessary in order to establish a value, as many prices have been thrown around. The appraisal should include the total property being considered and broken into the two parcels of Von Frellick and Rousch properties. Councilman Sovern asked that the property north of Dartmouth be investigated as to the extent of absentee ownership in that area. I I I I Meeting of January 20, 1975 J Marjorie Becker, 664 East Yale Place, was present. She spoke in favor of the purchase of the land in question, and stated that Dartmouth Park was one of the largest and most-used parks and, according to present standards, Englewood could use additional park land. Del Miller, 3020 So. Marion, was present. He stated that Dartmou t h land was not purchased in the past because of the uncertainty of the Dartmouth viaduct. At $900,000 for the land, the land would be costing the taxpayers $5.00 per square root. At this cost and the uncertainty of the status or the viaduct, it might not be considered a wise move to purchase the land without knowing the future of the Dartmouth viaduct. In response to Councilman Sovern's question, Director of Public Works Waggoner stated that the State had told him it would be about ten years before anything took place at the Dartmouth-Santa Fe intersection. The current plans for this area include the widening or Dartmouth to five lanes. The future would include an overpass or interchange of some kind. Tom Marriott of New Englewood, Ltd. was present to give a status of the Cinderella City plans for this land. He stated that the southern two-thirds of the area was being considered for parking for Cinderella City employees. If the City had desires to have this land, he stated that Cinderella City would be willing to look at these possibilities. At the present time they are being pressured to make this land productive. He also stated that Cinderella City presently has one offer for the entire parcel. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A OTION TO HAVE THE CITY STAFF GET AN APPRAISAL OF THE VALUE OF THE 4.9 ACRES ADJACENT TO DARTMOUTH PARK. SUCH APPRAISAL SHOULD BE DIVIDED INTO THE TWO PARCELS BEING CONSIDERED. THE CITY STAFF IS ALSO DIRECTED TO INVESTIGATE THE OWNERSHIP OF PROPERTY NORTH OF DARTMOUTH FOR ABSENTEE OWNERSHIP. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Mayor Taylor stated to City Manager Mccown that the same appraisers should not be used by both the City and Cinderella City Ltd. * * * * * eetin~ or January 2 0, 1975 4 Mayor Taylor recognized Rev. Fred Hahn, pastor of the Immanuel Lutheran Church. Rev. Hahn explained that January 6th of this year was the 50th anniversary of the rounding of Immanuel Lutheran Church in Englewood, and that Immanuel Lutheran Church had been an important part in the growth of the Englewood community. He expressed his congre- gation' a appreciation for the many benefits that his church has bad over the 50 years of their existence in the City, and bow the congregation has attempted to produce citizens who benefit the Englewood community. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO HAVE CITY COUNCIL REQUEST THE MAYOR TO DRAW UP AN APPROPRIATE RECOGNITION FOR IMMANUEL LUTHERAN CHURCH AND HAVE THE YOR OR HIS DESIGNEE PRESENT IT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mayor Taylor in-roduced former Mayor Elmer Schwab and stated that he would speak later in the program. * * * * * Cathy Cory, a Naval reservist working for the City of Englewood, asked to be recognized to speak for the item relating to annual military leave. She was asked to wait until that part of the agenda came up. * * * * * Mayor Taylor asked that the item of a Bill for an Ordinance repealing Chapter 7, Article 1, Title 9 regarding Health Therapy Establishments be considered at this time. City Attorney Berardini explained the background of the Health Therapy License changes. Mrs. Jung Boyte was granted a license in October of 1974 and she was unaware of the bi-sexual massage passage in our ordinance. Her counsel felt that this was unconstitutional. The ordinance is in response to their request for a change in I I I I Meeting of January 20, 1975 5 this part of the ordinance. The ordinance makes several other changes which are indicated in upper case letters in the ordinance change and further define and expand the present ordinance. It also prescribes a new set of fees. Assistant City Manager Nollenberger asked if it was the intent of Mr. Berardini to have the $10 fees to include all employees employed by health therapy organizations. If this were true, an organization like the European Health Spa in Englewood would be required to license all individuals in their organization including life guards, clerks, secretaries, etc. City Attorney Berardini stated that the Denver ordinance was the basis for their fees which had been in effect for a long time. If all employees were not checked, there would be a chance for losing control of the situation. Councilman Sovern and City Attorney Berardini discussed the need for a section defining and licensing the apprentice. City Attorney Berardini stated that the apprentice would fall under the other employees section or the ordinance. Elmer Schwab, 4795 So. Inca, was recognized. He espressed his opinion that the ordinance does not need to be changed because it has served its purpose over the many years in which it has been in effect. In his opinion, he felt it is incumbent upon the applicant to prove the unconstitutionality of the clause in question and not for the City Council to initiate this change. He also stated that using the emergency clause for this bill was a farce and making a laughing matter of the emergency clause. Don Medsker, 4073 So. Broadway, Attorney for Mrs. Boyte, was recognized. He stated that he was aware of other methods available to get a change in this clause in the ordinance, but felt the best way to change a law was to bring it to the legislative body of the City. He agreed with Council that it is important that a strong law be in effect, a strong law which the Englewood City Code presently has. City Attorney Berardini answered Councilman Brown's questions by saying that Denver does not permit bi-sexual massage and that the current City license fee for the massage license is $2.00. Councilman Brown stated that it was his opinion that bi- sexual massage should be prohibited. Councilman Blessing and Councilman Sovern expressed the opinion that we have a legal counsel in staff that we should utilize and we should accept the opinion of our City Attorney. We should not spend legal time in unimportant issues. Councilman Sovern and City Attorney Berardini discussed the use of the emergency clause in the technicalities of publishing an ordinance. Meeting or January 2 0, 1975 6 Mayor Taylor stated that the City Charter stated that all Council members who were present must vote without exceptions. He asked the City Attorney for direction in regard to his situation because the attorney for Mrs. Boyte is his son-in-law and he did not want this relationship to interfere with his decision. City Attorney Berardini stated that the question is whether the personal relationship would interfere in the Mayor's opinion, and this is a decision which he would have to make. Mayor Taylor stated that he would vote. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL FOR AN ORDINANCE REPEALING CHAPTER 7, ARTICLE 1, TITLE IX, ENTITLED "HEALTH THERAPY ESTABLISHMENTS", OF THE 1969 E.M.C., AND RE- ENACTING SAUE WITH AMENDMENTS, AND DECLARING AN EMERGENCY. COUNCILMAN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REPEALING CHAPTER 7, ARTICLE 1, TITLE IX, ENTITLED "HEALTH THERAPY ESTABLISHMENTS", OF THE 1969 E.M.C. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: Council Member Brown. Absent: None The Mayor declared the motion carried. * * * * * Mayor Taylor requested that the Council move to item 6D on the agenda, a memorandum from the Assistant City Manager to the City Manager regarding taxing problems in the Santa Fe- Union annexation area. * * * * * City Attorney Berardini interrupted and stated that possibly the Bill that was just passed should be reconsidered because of the legality of using the emergency clause in the Bill. He stated that it would be proper to have a motion brought forward to reconsider the Bill and then pass an amended Bill. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO RECONSIDER THE BILL FOR AN ORDINANCE REPEALING CHAPTER 7, ARTICLE 1, TITLE IX ENTITLED "HEALTH THERAPY ESTABLISHMENTS" OF THE 1969 E.M.C. AND REENACTING SAME WITH AMENDMENTS, AND DECLARING AN EMERGENCY. Upon the call of the roll, the vote resulted as follows: I I I :I Meeting of January 20, 1975 7 Ayes: Council Members Jones, Sovern, Brown, Clayton. Nays: Council Members Mann, Blessing, Taylor. Absent: None The Mayor declared the motion carried. A discussion ensued between the councilmen involving whether this ordinance is, in fact, an emergency. Councilmen Blessing and Mann stated that the Council should not prolong a decision on this ordinance. Councilmen Clayton, Sovern, and Brown stated that the Council needs to provide the community to give input ror this ordinance, thus deleting the need for an emergency clause. Attorney Don Medsker stated that this subject has been on the front pages and the editorial page of local newspapers and the public has had ample time to respond to this issue. Councilman Jones referred to the City Charter and stated that to use the emergency clause, a unanimous decision by the Council to invoke this clause is necessary. City Attorney Berardini apologized for his oversight of this part of the City Charter and agreed that it would be necessary to have unanimi ty to invoke the emergency clause, and this ordinance does not have this unanimity at this time. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AMEND THE BILL FOR AN ORDINANCE REPEALING CHAPTER 7, ARTICLE 1, TITLE IX, ENTITLED "HEALTH THERAPY ESTABLISHMENTS", OF THE 1969 E.M.C., BY DELETING THE EMERGENCY CLAUSE PREVIOUSLY ENACTED. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mayor Tayl or declared a recess at 9:30 P.M. Council reconvened at 9:45 P.M. Upon the call of the roll, the following were present: eeting of January 2 0, 1975 8 Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. * * * * * Council received a memorandum from the Assistant City Manager to the City Manager detailing procedures concerning possible i ncrease in Councilmanic salaries. Mr. Maurice Merlin, J688 So. Sherman Street, appeared before Council. He expressed his opinion that Council might consider going to a stipend on a per meeting basis, suggesting $20 for councilmen, $25 for Mayor Pro Tem, and $JO for the Mayor. Del Miller, 3020 So. Marion appeared before Council. He stated that the Council might consider a flat fee in the order of $5,000 for the Mayor, $J,OOO for Councilmen. This would stimulate other persons to take public office. Councilman Clayton explained the current pay status for Councilmen and for the paid Boards. Mr. Tom Gibson, 4801 So. Inca St., appeared before Council. He stated that by offering more money, the quality of the individuals on Council would not be improved. Mr. Elmer Schwab, 4795 So. Inca, appeared before Council. He stated he objected to the proposed increase for Council. He criticized any legislature which increases its pay and then criticizes other people for increasing their pay in the private sector. He stated that he believes you cannot buy quality during this period of increasing inflation, increasing salaries is wrong. These funds can be funnelled into more productive programs. A discussion followed among the Councilmen involving the pay and fringe benefits enjoyed by Council. Councilman Clayton stated that the only way a pay raise should be attained is by a vote of the people through a public referendum. Mayor Taylor stated that the only reason the item was on the agenda was to get public opinion on the subject and whether this item should be put on the ballot in November. Elmer Schwab agreed with his rationale and stated that he misunderstood the item on the agenda. Martin Lathrop, J2J9 So. Clarkson, appeared before Council. He sta t ed that additional money won't buy better people than are presently serving on the Council and the price tag should not be the basis for an individual's decision to run for Council. I I. I ;I Meeting of J anuary 20, 19?5 -9- COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO FORWARD TO THE CITY MANAGER FOR SGUDY WITH THE CITY ATTORNEY THE FEASIBILITY OF PUTTING CONCILMANIC SALARIES ON THE NOVEMBER BALLOT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council began consideration of a Bill for an Ordinance relating to liquor occupational fees for operators selling J.2 beer for consumption on the premises, and also consideration of an Ordinance on final reading concerning liquor occupational tax increases. City Attorney Berardini gave the background on the proposed ch~nges on the liquor occupational tax. Councilman Clayton and Assistant City Manager Nollenberger discussed the overall licensing procedures for liquor outlets. COUNCILMAN MANN MOVED THAT CONSIDERATION OF THE ORDINANCE AND THE BILL FOR AN ORDINANCE BE TABLED INDEFINITELY. The motion died for the lack of a second. Councilman Sovern opened a discussion by stating that there seemed to be some inequities in the raises that are being proposed, especially in those concerning club licenses. The fee for the club licenses seem to be too high in relation to the good works they do for the community. It was decided to consider each one of these items separately. Discussion ensued on the item of an Ordinance concerning liquor occupation tax increases. Councilman Sovern proposed a change in the fees as follows: Class A Operators -$700 Class B Operators -$700 Class C Operators -$400 Class D Operators -$400 Class E Operators -$250 Class F Operators -$400 494 eeting of January 20, 1975 -10 - The difference between the 1974 and 1975 revenues from this occupation tax should be earmarked for an alcoholic rehabili- tation program with specific strings attached. INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AUTHORITY ORDINANCE NO. ~ , SERIES OF 1975 AN ORDINANCE AMENDING SECTION 4 AND 5, CHAPTED I, TITLE XIII, OF THE 1969 E.M.C., BY INCREASING THE AMOUNT OF THE LIQUOR OCCUPATIONAL FEE, FOR ALL CLASSES OF OPERATORS, AND AUTHORIZING PROPORTIONAL CHARGES. COUNCILMAN SOVERN MOVED THAT ORDINANCE NO. 5, SERIES OF 1975 BE AMENDED AS HE STATED ABOVE. The motion died for the lack of a second. Councilman Blessing asked that the following fees be considered. Class A Operators -$800 Class B Operators -$500 Class C Operators -$300 Class D Operators -$JOO Class E Operators -$JOO Class F Operators -$JOO Mr. Elmer Schwab appeared again before Council. He stated that on second reading, a change of this magnitude required that the Council start over completely on the ordinance. City Attorney Berardini stated that the item could be disposed of by going to the next item on the agenda, that of a Bill for an Ordinance relating to liquor occupational fees for operators selling J.2 beer for consumption on the premises, in that it was the same type of ordinance, but it was on first reading. I· COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A I MOTION TO TABLE THE ITEM ON SECOND READING, AN ORDINANCE RELATING TO LIQUOR OCCUPATIONAL TAX INCREASES. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blesssing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. I I eeting of Janua ry 20, 1975 -11 - INTRODUCED AS A BILL BY COUNCILMAN BROWN. A BILL FOR AN ORDINANCE AMENDING SECTIONS 3, 4, AND 5, CHAPTER 1, TITLE XIII OF THE 1969 ENGLEWOOD MUNICPAL CODE BY RE-DEFINING CLASS "F" OPERATORS AND INCREASING THE LIQUOR OCCUPATIONAL FEE FOR OPERATORS SELLING 3.2 BEER FOR CONSUMPTION ON THE PREMISES AND FOR ALL CLASSES OF OPERATORS, AND AUTHORIZING PROPORTIONAL CHARGES . COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING SECTIONS 3, 4, AND 5, CHAPTER 1, TITLE XIII OF THE 1969 E.M.C. RELATING TO LIQUOR OCCUPATIONAL FEES. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AMEND THE BILL FOR ORDINANCE CHANGING THE FEES AS FOLLOWS : Class A Operators -$650 Class B Operators -$250 Class C Operators -$300 Class D Operators -$300 Class E Operators -$250 Class F Operators -$250 Class G Operators -$400 Councilman Mann stated that clubs should be dropped to $100. These groups are non-profit organizations and usethe profits from the sale of liquor for charity. Mayor Taylor stated that he was against any increase in occupational tax because over the years the sales tax has increased and this has been an unfair burden for this group. The possiblity exists that customers who might be patronizing Inglewood business are going outside of Englewood where this tax is not collected. Councilman Clayton stated that he agreed in concept with Councilman Mann, and would hope that part of the increase that is being requested would go toward a rehabilitation program. He would, therefore, not permit any change in his amendment. Councilman Sovern stated that the City needs to get a rehabilitation program off the ground. It is proper to impose taxes on the users of liquor. Meeting of January 20, 1975 -12 - i vote was called for on the amendment. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Blessing, Brown, Clayton, Jones. Nays: Council Members Mann, Taylor Absent: None The Mayor declared the motion carried. A vote on the Bill by Councilman Brown as amended was asked for. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton. Nays: Council Members Mann, Taylor. The Mayor declared the motion carried. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT THE FOLLOWING COMMUNICATIONS: Minutes of the Parks and Recreation Commission meeting of December 12, 1974. Minutes of the Library Board meeting of January 14, 1975. Report by Hanifen, Imhoff and Samford, Inc. to Moody's Rating Service and Standard and Poor's concerning reasons for the possible upgrading of the City's bond rating. Memorandum from the Assistant City Manager to the City Manager concerning further information on long-term debt. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * I I Meeting of January 20, 1975 lJ The minutes of the Police Pension Board meeting of January 14, 1975 were discussed. Mayor Taylor stated that this subject arose at the Police Pension Board because of a case involving a Patrolman Lowry, who is an 18-year veteran of the Police force and is currently asking for total disability retirement from the Police force. It was discovered that there are deficiencies in the current physical examination program and psychological testing program and possibly if they look into the 24-hour disability program for Police officers. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ACCEPT THE RECOMMENDATION OF THE POLICE PENSION BOARD THAT THE CITY COUNCIL LOOK AT PHYSICAL EXAMS FOR ALL POLICE OFFICERS, 24-HOUR DISABILITY FOR ALL POLICE OFFICERS AND PSYCHOLOGICAL TESTING FOR ALL NEW AND CURRENT POLICE OFFICERS. After a discussion, Councilman Mann requested that the motion be dropped with the approval of the second. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ACCEPT THE RECOMMENDATION OF THE POLICE PENSION BOARD THAT THE CITY ~COUNCIL LOOK AT PHYSICAL EXAMS FOR ALL POLICE OFFICERS, BE REFERRED TO THE STAFF FOR PROPER REVIEW AND RETURNED WITH RECOMMENDED ACTION BACK TO COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION THAT PSYCHOLOGICAL TESTING AS RECOMMENDED BY THE POLICE PENSION BOARD BE REFERRED TO THE CAREER SERVICE BOARD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TABLE THE ITEM FROM THE POLICE PENSION BOARD RELATING TO THE 24-HOUR DISABILITY FOR ALL POLICE OFFICERS. Upon the call of the roll, the vote resulted as follows: Meeting o f January 2 0 , 197 14 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council began consideration or a Bill for an Ordinance amending Section 14, Chapter 4, Title 5 relating to annual military leave. City Attorney Berardini gave a background on the subject, and stated that the Career Service Board recommended that military duty pay should be handled as Jury duty pay is handled. He stated that the State permits the reservists to keep their entire military pay. Other cities pay the reservists the difference between the city pay and the military pay, and they are able to keep all their travel and subsistence allowance. Cathy Cory, previously introduced, explained changes which she felt should be in the ordinance. Because military personnel are paid on a 24-hour basis and a 7-day week, that taking the entire pay away was inequitable. It would be improper to deduct weekend pay because weekends as a City employee are for the employee's own use. Councilman Brown stated that he felt this item should be tabled indefinitely. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE INDEFINITELY A BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE S RELATING TO ANNUAL MILITARY LEAVE PAYMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Brown, Taylor. Nays: Council Members Jones, Sovern, Blessing, Clayton. Absent: The Mayor declared the motion defeated. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TABLE THE BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE 5 OF THE 1969 E.M.C. RELATING TO ANNUAL MILITARY LEAVE PAYMENT FOR FURTHER STUDY AT THE COUNCIL MEETING OF FEBRUARY 18, 1975. Upon the call or the roll, the vote resulted as follows: I I I Meeting or January 20, 1975 15 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN JONES. A BILL FOR AN ORDINANCE VACATING A PORTION OF SOUTH LIPAN STREET LYING AND BEING NORTH OF WEST DARTMOUTH AVENUE WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE VACATING A PORTION OF SOUTH LIPAN STREET LYING NORTH OF WEST DARTMOUTH AVENUE WITHIN THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * RESOLUTION NO. 5, SERIES OF 1975 A RESOLUTION RECOMMENDING THE NEW POSITIONS OF APPRENTICE OPERATOR AND CHIEF PLANT OPERATOR, TO BE ESTABLISHED IN THE WAGE AND CLASSIFICATION PLAN. (Copied in full in the Official Resolution Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE RESOLUTION NO. 5, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Meeting of January 20, 1975 16 Council began consideration of action concerning the property tax rebate program. COUNCILMAN JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO MAKE INFORMATION REGARDING THE TAX REBATE PROGRAM A PART OF THE CITY QUARTERLY PUBLICATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council received a memorandum from the Director of Public Works regarding the installation of pedestrian walk indicators at Broadway intersections. City Manager Mccown explained the recommendation from the Public Works Department that would involve total signalization along Broadway, walk and no-walk signs. The estimated cost is approximately $3,000, which would be utilizing salvaged parts. Funds are currently budgeted for this type of project. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ADOPT THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO INSTALL WALK AND NO-WALK INDICATORS ALONG BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council received a memorandum from the Director of Public Works to the City Manager concerning the sale of land at 855 West Stanford Avenue. City Manager Mccown explained the memorandum from Kells Waggoner regarding the proposed purchase of property by the Hoffman's living at 855 West Stanford Avenue. I I ;I I Meeting of January 20, 1975 17 COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE RECOMMENDATION FROM THE DIRECTOR OF PUBLIC WORKS TO SELL THE LAND IN QUESTION AS PROPOSED FOR 50 CENTS PER SQUARE FOOT. Mayor Taylor asked the question of whether the City can sell land which has been dedicated to the City. A discussion of the legalities or a transaction of this type ensued. City Attorney Berardini stated that the proper way to handle this would probably be through a grant back to the Hoffman's through a proper legal instrument. He stated that it would be setting a bad precedent to be selling land and that the City shouldn't be selling something that was given to them. Director of Public Works Waggoner explained the situation regarding the possible trade of land involved and what the Hoffman's are asking for in the purchase. Councilman Clayton withdrew his motion. Councilman Brown withdrew his second. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO GRANT BY PROPER LEGAL INSTRUMENT THAT PORTION OF A DRAINAGE EASEMENT THAT IS UNNECESSARY FOR THE CITY AND THAT THE PROPERTY OWNER WOULD IN TURN DEDICATE A PORTION ABUTTING STANFORD AVENUE TO THE CITY FOR DRAINAGE PURPOSES. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: None The Mayor declared the motion carried. * * * * * Council received a letter from the Chairman of the Planning and Zoning Commission to the City Council concerning the creation of a zone district for the Housing Authority elderly housing project. r. Art Martin appeared before Council to discuss the creation of a zone district for the Housing Authority Elderly housing project. Director of Community Development Supinger stated that there is not enough there to warrant amending the zone district. Councilman Sovern stated that more time should be spent on this topic than is available because this is an important area of consideration. Meeting of January 20, 1975 18 Mayor Taylor stated that becuase of the lateness of the hour he would like to add items 6A through 6E and items 4G on to the January 27th special meeting. After a brief discussion it was decided to continue with the agenda. * * * * * Council began consideration of a Resolution concerning the six-quarter budget covering the period of January, 1975 to June, 1976. City Manager Mccown explained each item in the six- quarter budget, as explained in a memorandum from Assistant City Manager Nollenberger to City Manager Mccown. Director of Public Works Waggoner explained the progress that has taken place in the storm drainage program for the City and the current status of the program. He said that the Federal- Bow Mar basis is being bid very soon and that the North Englewood basin is budgeted to the amount of $500,000 for the second quarter of 1976. He stated that another $500,000 would be needed in the future to finish the project. He stated that he wanted to authorize design of the North Central region basin and that this cost was budgeted at $5J,OOO. Councilman Clayton asked that $90,000 be added to the sixth quarter for the housing program. City Manager Mccown explained that in order to budget $90,000 for the sixth quarter, $90,000 would have to be taken out from some other project in the sixth quarter budget. In the discussion that followed, it was felt that it might be considered in a future budget consideration to see how revenues for the City were progressing. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE SIX-QUARTER BUDGET WITH THE ADDITION OF $90,000 TO THE SIX-QUARTER BUDGET IN THE SECOND QUARTER OF 1976. After discussion, Councilman Clayton withdrew his motion. Councilman Brown withdrew his second. RESOLUTION NO. 6, SERIES OF 1975 A RESOLUTION ADJUSTING THE PUBLIC IMPROVEMENT AND GENERAL FUND BUDGET FOR 1975. (Copied in full in the Official Resolution Book.) COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT RESOLUTION NO. 6, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: I I I I Meeting of January 20, 1975 19 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AUTHORIZE THE PUBLIC WORKS DIRECTOR TO ACCEPT BIDS ON THE ENTIRE FEDERAL-BOW MAR BASIN WITH THE INTENT THAT SOME PORTIONS MAY BE DELETED AND AUTHORIZED THE PUBLIC WORKS DIRECTOR TO DESIGN STORM DRAINAGE IMPROVEMENTS FOR THE NORTH CENTRAL ENGLEWOOD BASIN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown stated that it would be appropriate to introduce a motion to have the City Attorney prepare a resolution to authorize negotiations for the land acquisition at Little Dry Creek and Santa Fe in conjunction with the item in the six-quarter budget. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO PREPARE A RESOLUTION TO AUTHORIZE NEGOTIATION FOR THE LAND ACQUISITION AT LITTLE DRY CREEK AND SANTA FE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Meeting of January 20, 1975 20 City Manager Mccown introduced a memorandum from the Director of Public Works relating to an amendment to the Englewood Dam agreement which was entered into with the Urban Drainage and Flood Control District. He stated that the District is asking the City to ratify the previous indication that we are I interested in going ahead with the Holly Dam. This amendment states that if the savings on the Englewood Dam are sufficient to build the Holly Dam, then the District is authorized to do so. Director of Public Works Waggoner stated that the building of the Holly Dam would be an important part of the flood drainage program and would be additional help in protecting the downtown Englewood area in the event of the 100 year storm. Councilman Mann stated that he has changed his opinion on this project in the past few months and is now strongly in favor of the Holly Dam. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO LET THE CONTRACT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT TO INCLUDE THE HOLLY DAM. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown introduced a memorandum from Assistant City Manager Nollenberger regarding a complaint from a Mrs. Stohn who lives in the newly annexed area regarding double taxation. City Attorney Berardini stated that the City has the responsibility to render full services to this newly annexed area and they are, in fact, giving these services. The property owners could take the matter to court, but in his opinion, he I does not feel that there could be any retroactive relief from taxes which have already been collected. This is because the services have been rendered. The same is true of the South Suburban Recreation District. In answer to Councilman Mann's question, he said that it would not be proper to put tax collections from this area in escrow. Councilman Brown stated that he felt the City should do something about getting this area out of the special taxing districts and that we have an obligation to these people to do this. II I Meeting of January 20, 1975 21 OUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO INSTRUCT THE CITY ATTORNEY TO BEGIN PROCEEDINGS TO TAKE THE NEWLY ANNEXED AREAS OUT OF ANY SPECIAL TAXING DISTRICTS. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor . Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown presented a memorandum concerning the adoption of new uniform building, mechanical, plumbing, electrical, and abatement of dangerous building codes. It was decided to consider this item in the second meeting of February. * * * * * City Manager Mccown presented a Resolution and a Bill for an Ordinance concerning the sale of bonds to finance the Bi-City Waste Water Treatment Plant. RESOLUTION NO. 7, SERIES OF 1975 A STATEMENT OF INTENT TO SELL BONDS FOR THE BI-CITY WASTE WATER TREATMENT PLANT. {Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE RESOLUTION NO. 7, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Meeting of January 20, 1975 22 INTRODUCED AS A BILL BY COUNCILMAN MANN. A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS, I SERIES 1975, OF THE CITY OF ENGLEWOOD, COLORADO, IN THE PRINCIPAL AMOUNT OF $1,550,000, FOR THE PURPOSE OF EXTENDING AND IMPROVING THE MUNICIPAL SANITARY SEWER SYSTEM OF THE CITY; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE APPLICATION OF THE NET REVENUE OF THE SANITARY SEWER SYSTEM TO PAY THE BONDS AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWER REVENUE BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $1,550,000. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Mccown stated that he had received a request from the Englewood High School year book to have the City place an advertisement in the year book. He said that as far as he knew, this was the first time they bad ever received a request of this order. He explained that the ads ranged in price with a full-page ad costing $85. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO SPONSOR A FULL-PAGE AD IN THE ENGLEWOOD HIGH SCHOOL YEAR BOOK AT A COST OF $85. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Blea sing, Brown, Taylor. Nays: None Absent: None The Mayor declared the motion carried. * * * * * I I I Meeting of January 20, 1975 23 City Manager Mccown stated that he had received a communication from Arapahoe County County indicating that the manpower grant which they had discussed in an earlier meeting would be for one year instead of six month, for half as many positions. * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO HAVE ALL MEMBERS OF CITY BOARDS WHOSE TERMS EXPIRE AS OF FEBRUARY 1st OR BEFORE, BE EXTENDED TO MARCH 1st OR UNTIL A SUCCESSOR IS NAMED. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor d e clared the motion carried. * * * * * City Manager Mccown explained what had been done in relationship to the request for bulletin boards made by Councilman Mann. He said that a memorandum was given to the Assistant City Manager to get together with the City Parka and Recreation Director to come up with some bulletin board ideas by the first meeting in February. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the meeting was adjourned at 2:01 A.M.