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HomeMy WebLinkAbout1975-02-18 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 18, 1975 REGULAR MEETING: The City Council or the City of Englewood, Arapahoe County, Colorado, met in regular session on February 18, 1975, at 7:30 P.M. Mayor Pro Tem Mann, presiding, called the meeting to order . The invocation was given by Rev. Paul Thomas, Minister of the Church of Christ. The pledge or allegiance was led by Boy Scout Troop 154. The Mayor Pro Tem asked for a roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Brown, Blessing, Clayton . Absent: Counc il Member Taylor. The Mayor Pro Tem declar ed a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director or Public Works Waggoner Director or Community Development Supinger Deputy City Clerk Johannisson * * * * * Mayor Pro Tem Mann presented the Phil Roberts award to Bill Brokate of the Department or Community Development. This award is given by the International Conference or Building Off icials. The award was accepted by Director or Community Development Supinger. * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE MINUTES OF THE FEBRUARY J, 1975 MEETING WITH THE FOLLOWING CHANGES . I I I I Meeting of February 18, 1975 2 Page J, Paragraph 4, add the following: "City Manager Mc Cown asked Council if they wish a report submitted back to them on the possibilities of funding for the elderly housing project and a senior citizens' center with Council affirming. A report will be ready by March J, 1975." Page 11, Jrd paragraph from the bottom, delete the following: "when the traffic flow for the surrounding streets is at capacity". Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absenti Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * Mr. John Hamilton or the firm of Sellards and Grigg was present to discuss the bids on the Southwest Greenbelt, which were received on February 7, 1975. Councilman Mann asked what corrections were made on the two low bids. Mr. Hamilton stated that on the first bid there were some large mathematical errors, plus the bid was not · filled out correctly, thus making it hard to figure out exactly what the bid was. The bid correction took the bid from the stated $66,000 to $49,000. The second bid correction was just a minor arithmetic error of 27 cents. Councilman Mann asked why there was such a large spread between the engineers' estimate and the low bid. Mr. Hamilton stated that the contractors are becoming more competitive in these times and they are bidding less now than they have in the past. Councilman Sovern stated that in his experience this was becoming quite prevalent where firms are bidding less and becoming more competitive. Councilman Mann asked if it was an accepted practice to have the engineering firm change numbers, thus interfering with the bid system. Mr. Hamilton stated that it is not uncommon to make minor changes where arithmetic errors have been made in computations for the bid. 5~0 Meeting or February 18 , 1975 J COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO ACCEPT THE BID FOR $51,445.90 FROM YERKEY SPRINKLER COMPANY . Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton. Nays: Council Member Mann. Absent: Council Member Taylor. The Mayor Pro Tem decla red the motion carried. * * * * * City Manager Mccown passed out a memo from Karl Nollenberger relating to the six-quarter budget, specifically to the Southwest Greenbelt Park. He stated that the budget for the greenbelt area was $8J,600, and since the bid was below the estimate, he felt it would be appropriate to get bids on the following items. Items 7, 8, and 9 in the memo relating to landscaping, playground curbing and ball field backstop, and playground and miscellaneous equipment. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO GO OUT FOR BIDS FOR LANDSCAPING, FOR PLAYGROUND CURBING AND BALL FIELD BACKS TOP , AND PLAYGROUND AND MISCELLANEOUS EQUIPMENT FOR THE SOUTHWEST GREENBELT PARK. U¥on the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays : None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. Councilman Clayt on asked how much is left in the budget. City Manager Mccown stated that $158,000 was the original engineering estimate. The estimate for the three items is $45,750. With the approval of the sprinkler system below the engineers' estimate, we have approximately $32,000 left in the budget. * * * * * Cathy Cory, 3124 So. Delaware, was recognized. She was here to speak on an item relating to a Bill for an ordinance adjusting the military leave provisions. I I I I Meeting or February 18, 1975 4 Ms . Cory reite rated her previous argument on the military pay and City p a y . In addition, she read an article regarding the benefits to the employe r having military reservists on their payroll. * * * * * Mr. Je r ry Blumenhein, J400 So. Clarkson Street, was recognized. He spoke on the topic or the senior citizens' recreation cent er. It was his opinion that the old Police/Fire building was t h e only suitable site in Englewood for this center. He stated tha t th e y h ave a petition circulating and they have also received comm i tm e nts f or furnishings for a senior citizens' center. * * * * * COUNCILMAN S OVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPE N A P UBL IC HEARING FOR PAVING DISTRICT NO. 22. Upon the c a l l or t he roll, the vote resulted as follows: Ay es: Counc il Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Na y s : None Abs e nt : Cou ncil Member Taylor. The Ma yo r Pr o T em de c lared the motion carried and the public hear i ng op e n . Mr. Gera ld Harrison, General Counsel for General Iron Wo r ks, was recogni z ed. He stated that General Iron Works is against th e pavi ng of t he 2700 and 2800 blocks of South Elati. He stated th a t Mr . Kei t h Stevens, the President of the General Iron Wo r ks , Mr. Ric h Carson, representing Wazee Corporation, and Phil Fost er, repres ent ing Towers Properties, were also present. He stated that Wazee Co rporation and Towers Properties were the title hold er s of Ge ne ra l Iron Works land. Mr . Ha rr ison presented a picture showing the general area inv olv e d! an d outl ined what effect the paving would have in the gene r al area. He st ated that the reasons they were against it were (1) The cost . It would be $80,000 cost to General Iron Works , a n d in t heir opinion the Council should consider the cost and b en ef i ts or t h e p aving district. (2) He stated that General Iron Wo r ks would b e asking for a vacation of a portion of South Elati to Genera l Ir on Works. If the vacation is granted, General Iron Wo r ks wil l no t want to have paid for the paving of that portion or th e stree t . Cou n cilman Cla yton asked if it was General Iron Works' intention t o have I-1 a nd I-2 zoned property abut one and two- family dwell ings. Mr. Keith Stevens, President of General Iron Meeting of February 18, 1975 5 Works, was recognized to answer this question. He stated that the future use of the land in question would be in compliance with the present zoning ordinances. He stated that General Iron Works realized the difficulties that are involved in policing the plants with zoning ordinances, but he assured Council that General I Iron Works would comply with the current zoning requirements. He went on to out line some or the plans that they had. Mr. Stevens stated that the primary users or South Elati Street are employees of General Iron Works and users or Bob's Auto. He stated that Bob's Auto and residents specifically affected by the paving district would be in ravor or paving of South Elati. He also stated that if the requested vacation or South Elati were granted to General Iron Works, that General Iron Works would have better access to all of its company areas. Councilman Jones asked if there was any area of compromise possible by the elimination of the 2700 block of South Elati from the paving district. Mr. Stevens stated that the 2700 block has absolutely no need for paving as rar as General Iron Works is con- cerned, because it is a relatively untravelled street. The 2800 block of South Elati does have a small amount of traffic, primarily from the General Iron Works employees and Bob's Auto. Councilman Jones stated that he had received a call from Bob's Auto regarding the paving district and that they were in favor of it. City Manager Mccown stated that he had received two lett e r s relating to the paving district. The first letter was from John W. Reffel, 2650 So. TeJon, Alma Reffel, and Dorothy J. Hynes. All were against the paving of South Raritan, from the south side of West Harvard Avenue to the north side of West Yale Avenue. The second was a petition against the paving or Baltic Avenue and signed by 8 residents. Mr. John Reffel, 2650 So. TeJon Street, was recognized. He spoke against the paving district, specifically relating to South Raritan. He stated that the cost is estimated to be $22,000 and he does not believe that this cost at this time is warranted. He has access to his property from South Tejon Street. Mr. Joe Capesius, 2350 West Warren, was recognized. He was against the paving district as it relates to Baltic for financial reasons. He stated that some of the neighbors who I signed a petition are on Social Security or fixed incomes and are . older and this would be real hardship for them to pay this off at this time. He also stated that if the paving district is passed, that some special plan should be worked out with these people for payment. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO QLOSE THE PUBLIC HEARING ON PAVING DISTRICT NO. 22. Upon the call of the roll, the vote resulted as follows: 'I I Meeting of February 18, 1975 6 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried and the public hearing closed. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. 7, SERIES OF 1975 AN ORDINANCE CREATING PAVING DISTRICT NO. 22 IN THE CITY OF ENGLEWOOD, COLORADO, ORDERING THE CONSTRUCTION AND INSTALLATION OF STREET PAVING, CURB AND GUTTER AND SIDEWALK IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS IN PAYMENT FOR SAID IMPROVE- MENTS; PROVIDING FOR NOTICE TO CONTRACTORS AND OTHER DETAILS IN CONNECTION WITH THE DISTRICT. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 7. Councilman Sovern stated that he felt he would like to see a def erred payment plan ror those elderly people who are on fixed incomes that are unable to pay an assessment at this time. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AMEND ORDINANCE NO. 7, AND DELETE THE 2700 BLOCK OF SOUTH ELATI STREET FROM PAVING DISTRICT NO. 22. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton. Nays: Council Member Mann. Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. Director of Public Works Waggoner stated that the following changes should be made in Section 6, on page 21. $880,550 should be changed to $829,050; $111,120 should be changed to $108,050. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A OTION TO AMEND ORDINANCE NO. 7 TO CHANGE PARAGRAPH 2 ON PAGE 19 RELATING TO SOUTH ELATI STREET. The from portion should be changed to read "the north side or West Amherst", AND TO AMEND PAGE 21, SECTION 6, $880,550, should be $829,050, and $111,120 should be $108,050. Upon the call or the roll, the vote resulted as follows: eeting of Feb ru a r y 18, 197 ' 7 Ay e s : Counc il Members Jones, Sovern, Mann, Blessing, Brown, Cl a yton . Nays : None Ab s e nt: Co uncil Member Taylor. The Mayor Pro T e m decl ared the motion carried. A vote was call ed for the passage of Ordinance No. 7, as amended . Ayes : Co un cil Members Jones, Sovern, Mann, Blessing, Brown, Cl a yt on. Na y s: None Absent : Counc il Member Taylor. The Mayo r P r o Tem decla red the motion carried. * * * * * The f ollowing communications were received for the reco r d, with n o a ction t aken. The minutes o f the Library Board meetings of February 4 and Februa r y 11, 1975 . The minutes o r t he Englewood Housing Authority meetings of July 2J, July JO, three meetings on December 13, 1974 and January 7, 1975. Memo r andum f ro m the Director of Public Works to the City Manager concerning absentee ownerships around Dartmouth Park. Lett er from Robert Brittain to the City Manager concerning paramedic training . Time schedule for Federal-Bow Mar Storm Drainage Basin. oratorium bu d g etary savings -January, 1975. Financial repo r t for the month of January, 1975. * * * * * Council rece i v ed a memorandum from the City Attorney t o the City Manager relat ive to terminating the City's interest in a lease agreement on the Englewood Dam executed in 19JJ. City Attorney Berardini stated that this is a result of a 1968 law suit cont esting Englewood's right to the property in question . He stated tha t the lease is no longer effective I I I I Meeting or February 18, 1975 8 and that the area is now under the control of the flood control district. He stated that the City ot Englewood has been asked to execute a legal document to revoke any interest in the property and to remove any clouds to the possible title to the property. COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AUTHORIZE THE MAYOR TO EXECUTE A TERMINATION OF LEASE AGREEMENT ON THE ENGLEWOOD DAM. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Bro wn, Clayton. Nays: None Absent: Council Member Taylor. he May o r Pro T em declared the motion carried. * * * * * Council received a memorandum from the Director of Public Works to the City Manager concerning the lease of property East or the Servicenter. City Manager Mccown stated that this is the property that was purchased from the Clapp family adjacent to the sewer plant. He passed out maps outlining the property in question. He stated that the Clapp's have asked for an extension for their vacation from the property. Director or Public Works Waggoner stated that he would like to see a scale up lease program with the Clapp's that would give them an incentive to move out as quickly as possible. City Manager Mccown stated that this may· not be legally proper. He said that he would like to have the authority to negotiate with the Clapp family tor $500 monthly rent on a month- to-month basis, because we presently have no current use for the land. He reels that we could lease the property to them on a month-to-month basis until they have their new site ready. Director or Public Works Waggoner stated that he has talked with the Clapps and that they have not, as yet, started their new facility. He, too, would be willing to enter into a lease agreement with them at this time. He did state that the Clapp family has had the use or this land, rent free, for the past six months. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE WITH THE CLAPPS AND REPORT BACK TO THE CITY COUNCIL THE RESULTS OF THE NEGOTIATION. Upon the call or the roll, the vote resulted as follows: eeting or February 18, 1975 9 Ayes: Council Members Jonea, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried. * * * * * Mayor Pro Tern Mann recognized a group of women representing the League or Women Voters who were in the audience. He stated that the item they were interested in would be discussed at the Council meeting on March 17. * * * * * Council began consideration or award of bids for police vehicles. The low bid was received from Bill Crouch Chrysler- Plymouth for $36,295.71. This was for ten vehicles. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTI ON TO ACCEPT THE BID FROM BILL CROUCH CHRYSLER-PLYMOUTH FOR $36,295.71, FOR THE PURCHASE OF TEN (10) VEHICLES. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tern declared the motion carried. Assistant City Manager Nollenberger explained the insurance coverage for the vehicle involved in an accident last year. He stated that the City self-insures itself up to $5,000. Therefore, we had no outside coverage. * * * * * Council received an application for a J.2 beer license renewal for U-Tote-M, 123 East Belleview. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE APPLICATION FOR A J.2 BEER LICENSE RENEWAL FOR U-TOTE-M, 123 EAST BELLEVIEW. Upon the call of the roll, the vote resulted as follows: I I 'I I Meeting of February 18, 1975~~'1 10 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Counc il Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * Mayor Pro Tem Mann called a recess at 8:55 P.M. Council reconvened at 9:10 P.M. Upon the call of the roll, the following were present. Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Absent: Counc il Member Taylor. * * * * * INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. BY AUTHORITY ORDINANCE NO. 8, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 6, ORDINANCE NO. 23, SERIES 1974, TO PERMIT PAYMENT OF SPECIAL ASSESSMENTS FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN TEN (10) EQUAL ANNUAL INSTALLMENTS. (Copied in full in the Official Ordinance Book.) COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 8, SERIES OF 1975. Councilman Clayton stated that the original ordinance required that the sidewalk district be paid off in five years. This ordinance changes the payment schedule to ten years. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absent: Counc il Member Taylor. Th e Mayor Pro Tem declared the motion carried. * * * * * eeting of February 18, 1975 -11 INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AUTHORITY ORDIN ANCE NO. 9, SERIES OF 1975 AN ORDINANCE AMENDING SECTIONS J, 4, AND 5, CHAPTER 1, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY REDEFINING CLASS "F" OPERATORS AND INCREASING THE LIQUOR OCCUPATIONAL FEE FOR OPERATORS SELLING J .2 BEER FOR CONSUMPTION ON THE PREMISES AND FOR ALL CLASSES OF OPERATORS AND AUTHORIZING PROPORTIONAL CHARGES THEREFOR . (Copied in full in the Official Ordinance Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE ORDINANCE NO. 9, SERIES OF 1975. Mayor Pro Tem Mann stated that he was opposed to Class "E" operators being raised from $200 to $250. These operators are clubs and the monies that clubs make from the profits of selling liquor are appropriated for charitable purposes, and be can't see clubs paying an increase when they flow their money back to the community. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton . Nays: Council Member Mann. Absent: Council Member Taylor. The Mayor declared the motion carried. * * * * * RESOLUTION NO. 12, SERIES OF 1975 A RESOLUTION APPROPRIATING MONIES IN THE GENERAL FUND. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 12, SERIES OF 1975. Mayor Pro Tem Mann stated that he was in full favor of this type or resolu tion . It is good that we earmark funds for alcohol treatment. Councilman Blessing stated that he disagrees with this resolution, in that is assigns specific funds to a specific activity, in this case liquor rehabilitation. He stated that we should not establish a practice of assigning fees to a specific activity. I I I I Meeting of February 18, 1975 12 Councilman Sovern stated that this allows a start into this important area or alcoholic rehabilitation and this resolution will get the project off the ground in 1975. He stated further that the State is working on getting a program started for the whole State of Colorado. Councilman Blessing stated that in his opinion the State should pick up the whole tab for this program. Mayor Pro Tem Mann stated that the City of Englewood, by passing this resolution, would set an outstanding example for the State, and maybe they will budget an appropriate amount of money for an alcoholic rehabilitation project. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton. Nays: Council Member Blessing. Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO INSTRUCT THE MAYOR OR HIS REPRESENTATIVE TO WRITE A LETTER TO ALL AREA LEGISLATORS REQUESTING THEIR SUPPORT FOR A STATE-SPONSORED ALCOHOLIC REHABILITATION PROGRAM. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * A Bill for an Ordinance was presented by City Attorney Berardini relating to the Englewood Housing Authority. He enumerated several changes required in the text of the Agreement which is part of the Bill for the Ordinance. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL P'OR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD RELATING TO REVOLVING REHAB- ILITATION LOAN FUND AND AUTHORIZING THE MAYOR OR THE CITY COUNCIL TO EXECUTE THE SAME. Meeting of February 18, 1975 lJ COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO AN AGREEMENT BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF !NGLEWOOD. City Manager Mccown asked the City Attorney if these I changes would require that we re-advertise the Bill tor the Ordinance. The City Attorney stated that because the changes are not substantiative by nature, we do not need to publish the Bill for the Ordinance with the changes. We would, though, have to publish the ordinance in its entirety with the changes on final reading. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. Mayor Pro Tem Mann recognized Lois Kocian. He asked if there is a waiting list for the senior citizens housing. Mrs. Kocian stated that there are five people on the waiting list, plus they have had many inquiries for the same. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74 IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS FOR SIDEWALK IMPROVEMENT DISTRICT NO. 74, AND SETTING A PUBLIC HEARING FOR MARCH 17, 1975. Upon the call of the roll, the vote resulted as follows: I I I Meeting of February 18, 197 5 . 551 14 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays: None Absent: Counc il Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE V OF THE 1969 E.M.C., RELATING TO ANNUAL MILITARY LEAVE; PAYMENT FOR THE FIRST FIFTEEN (15) DAYS THEREOF. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING SECTION 14, CHAPTER 4, TITLE V OF THE 1969 E.M.C., RELATING TO ANNUAL MILITARY L!AV!. City Attorney Berardini stated that this item is the o ne which Cathy Cory spoke to earlier in the Council meeting. He then read the proposed change. Councilman Jones asked if the time referred to in the Bill would be charged to the individual's vacation. City Attorney Berardini stated that it would be charged to his vacation only if the employee so desired. Mayor Pro Tem Mann read the memorandum from Rich Lorig which stated that employers do not have to pay, but are encouraged to pay, reservists for active duty periods. Councilman Clayton stated that it was his opinion that this was a fair way to handle the situation. In response to Councilman Brown's question, City Manager c Cown stated that the employee would miss only ten working days and that there were only two employees on the City's payroll affected. Councilman Brown stated that he had extremely high praise for the reservists and, in his opinion, could not vote for this Bill. Upon the call of the roll, the vote resulted as follows: Meetin£ or February 18, 1975 15 Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton. Nays: Council Member Brown. Absent: Council Member Taylor. The Mayor Pro Tern decl ared the motion carried. * * * * * City Attorney Berardini presented a Court order remanding to the City Council for additional finding a three- way liquor license application by the Demetrious Corporation d/b/a Arap's Lounge. He stated that this is the case where the City Council denied the issuance of a liquor license to Arapts Lounge on June 17, 1974. They subsequently tiled a suit and the Judge has sent it back to the City Council tor their further consideration. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO INSTRUCT THE CITY ATTORNEY TO SEND TO ALL COUNCIL MEMBERS A FULL TRANSC RIPT OF THE PUBLIC HEARING FOR THE LIQUOR APPLICATION FOR THE DEMETRIOUS CORPORATION, D/B/A ARAP 1 S RESTAURANT AND LOUNGE . Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * City Attorney Berardini reported to Council on publishing legal notices in newspapers. He stated that by law, municipalities must publish their legal notices in legal news- papers. A legal newspaper is a paper which has been operating for a period of 52 weeks or more, and is admitted as second class mail. In the City of Englewood we only have one paper which we may publish our notices in, and this is the Englewood Herald-Sentinel. * * * * * City Attorney Berardini reported to Council regarding the feasibility of having a liquor hearing officer. He stated I I I I Meeting or February 18, 1975 16 that the City is authorized to have a hearing officer, and this hearing officer has the power to either grant or deny liquor licenses. He stated that hearing officers are being used more and more in special situ ations in all levels of government. Councilman Brown asked the City Attorney if, by having the hearing officer, the Council relinquishes its authority to make a decision in this area. City Attorney Berardini stated that Council, in his opinion, can delegate total or partial authority. Councilman Brown stated that in his opinion, a hearing officer would be acceptable only if Council had the ultimate decision power . City Attorney Berardini stated that the hearing officer could be an individual brought in from the outside or it could be a qualified individual presently in the employ or the City of Englewood. He also said that this individual should not be one who is presently in the City Attorney's office, in that in possible cases involving litigation the City Attorney's office may be put in a position or having to represent the City in a case in which it acted as the bearing officer, thus being a conflict or interest. Councilman Clayton asked if the hearing officer could be a sub-committee or the Council. City Attorney Berardini stated in the negative. Mayor Pro Tem Mann asked that City Attorney Berardini present more information on this subject at a future date. * * * * * City Attorney Berardini reported to the Council regarding the Sgt. Becker case, and stated that the District Court has held in favor of the City. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $4,100,000, DATED APRIL 1, 1975, OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE PURPOSE OF REFUNDING AND PAYING OUTSTANDING CITY OF ENGLEWOOD GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1965, IN THE AMOUNT OF $2,750,000, DATED SEPTEMBER 1, 1965 , AND GENERAL OBLIGAT ION WATER IMPROVEMENT BONDS, SERIES 1971, IN THE AMOUNT OF $1,775,000 DATED APRIL 1, 1971; PROVIDING FOR THE ESTABLISHMENT OF AN ESCROW ACCOUNT FOR THE PAYMENT AND REDEMPTION OF SAID OUTSTANDING BONDS; PROVIDING FOR THE LEVY OF TAXES AND FOR THE APPLICATION OF THE NET REVENUES OF THE WATER Meeting of February 18, 1975 17 SYSTEM OF THE CITY TO PAY SAID REFUNDING BONDS AND THE INTEREST THEREON; PRESCRIBING THE FORM OF THE REFUNDING BONDS AND INTEREST COUPONS TO BE ATTACHED THERETO; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED I A MOTION TO APPROVE A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING WATER BONDS, SERIES 1975, IN THE PRINCIPAL AMOUNT OF $4,100,000, DATED APRIL 1, 1975, . AND SETTING A PUBLIC HEARING FOR MARCH J, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Jones, Bro1'1l, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * RESOLUTION NO. 13, SERIES OF 1975 A RESOLUTION AUTHORIZING THE PUBLICATION OF NOTICE OF SALE OF GENERAL OBLIGATION REFUNDING WATER BONDS OF THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, IN THE AMOUNT OF $4,100,000, DATED APRIL 1, 1975. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 13, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried. * * * * * City Manage r Mccown presented a memo to the Council regarding the Housing Authority appointments. Apparently, in 1974 the State legislature passed an amendment to the Housing Authority enabling legislation which allowed the Authorities to be made up of appointees or to I II I Meeting or February 18, 1975 18 consist of th e City Coun cil itself. One of the effects of this action by t he S t a te wa s t o nullity previous appointments to Housing Autho ri t i es . For this reason, on March 18, 1974, the City Counc i l appoi nt ed the members or the Housing Authority on Resolution No. 6, Se ri es of 1974. Thia Resolution made the terms of office run until Jul y 1st or the five succeeding years. Consequently , Mr. Ba rry Slater's term ot office on the Housing Autho r ity r uns un t i l July 1, 1975. It also finds that the term of office has expir ed for Mayor Pro Tem Mann, whose appointment e x pired on July 1, 1974 . The Council and Mayor may wish to consider fill ing th i s p osition. * * * * * City Ma nage r Mccown presented the amendments to the Uniform Building Code. COUNCILMAN CL AYTON MOVED AND COUNCILMAN JONES SECONDED .A MOTION TO HAVE THE CI TY ATTORNEY DRAW UP AN ORDINANCE TO ADOPT THESE CODES . Upon the c all or the roll, the vote resulted as ollows: Ayes : Council Me mbers Jones, Sovern, Mann, Blessing, Brown, Clayton . Nays : None Abs en t : Council Member Taylor The Mayor Pr o Te m decl ared the motion carried. * * * * * Ci ty Ma n a ge r Mccown stated that he has received a teleg r am f rom t h e Air Products Corporation protesting the a wa r d to FMC o r a po r t ion or the contract ror the Bi-City Waste Wat er Trea tment P l ant. * * * * * Mayor Pro Tem Mann recognized Donna Milton, 3236 So. Pennsylvan ia. Mrs. Mi lton st ated that she was part of a group involved with a book "Beastly Boys and Ghastly Girls", and she stated that sh e would l ike time on the next Council meeting's agenda t o discu ss this topic. She explained in part her group's dislike fo r the b ook . * * * * * Meeting o f February 18, 1975 19 Councilman Brown stated that he had received a letter from M. Brown, regarding the paving district and that they are elderly persons, 85 and 65, and in his opinion it looks like it might possibly be a hardship case. He asked that the City Manager look into the letter and report back to the Council. City Manage r Mccown stated that he has had meetings regarding the deferral of payments and possible rebates in situations like this , and they are preparing a report to be presented at the next Council meeting. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN .SECONDED A MOTION TO ADJOURN. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton. Nays: None Absent: Council Member Taylor. The Mayor Pro Tem declared the motion carried and the meeting was adjourned at 10:25 P.M. I