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HomeMy WebLinkAbout1979-09-04 (Regular) Meeting Agenda• - • • 0 CITY COUNCIL MEETING -Regular __ --September 4, 1979 • • - • • CITY COUNCIL MEETING September 4, 1979 ORDINANCE #~40, 41, 42 RESOLUTION I )K. ,)'f. 36, 37 • • • 0 0 • I . • • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 4, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 4, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Boy Scout Troop #92. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * An informal dedication was given of the new Council/ Court Chambers. Mr. Kelly Oliver, Oliver and Hellgren, the archi- tectural firm responsible for the remodeling design appeared be- fore Council and discussed particular features that were in the project, i.e. electronic voting system, four-track recording sys- tem and the low brightness lighting. Mayor Taylor announced that a formal dedication of the facility would take place some time before October of this year. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: I • • • • September 4, 1979 Page 2 Ayes : Nays: Absent: The Mayor Council Harper, None. Council declared * • • • Members Williams, Giseburt, Smith, Clayton, Taylor. Member Mann. the motion carried. * * * * * Ms. Mary Joan Chik, 3110 South Delaware, was present. Ms. Chik stated she was representing St. Louis Church, Home and School, 3301/3310 South Sherman Street in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual fund raising program on October 21, 1979. COUNCILMAN SMITH MOVED THAT A PUBLIC HEARING BE SET FOR SEPTEMBER 17, 1979, AT 7:30P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Don Seymour, 4750 South Lipan, was present in the absence of Doug Sovern and Paul Newport. Mr. Seymour stated he was representing the Englewood Volunteer Fire Department in a request that a date be set for a public hearing for a special events fermit to serve beer, wine and liquor at their annual Firemen s Ball on September 22, 1979 in the Blue Mall at Cin- derella City. COUNCILMAN CLAYTON MOVED TO SET A PUBLIC HEARING ON SEPTEMBER 17, 1979, AT 7:45P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor • • I • • • • • • • September 4, 1979 Page 3 Nays : Absent: • • • None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Engineering Services Gary Diede was present and discussed the award of construction contracts for Paving Dist- rict No. 26 (South); for Sidewalk Improvement Project 1979; and for Seal Coat Project 1979. COUNCILMAN CLAYTON MOVED THAT COUNCIL ACCEPT THE PETER KIEWIT SONS, COMPANY, BID OF $87,956.50 ON PAVING DISTRICT #26 OF SOtml ZUNI (DARTMOUTH AVENUE TO FLOYD AVENUE) AND THAT THE FUNDS BE DERIVED FROM THE $50,000 PRESENTLY IN THE PUBLIC IM- PROVEMENT BUDGET AND $19,000 FROM THE PUBLIC IMPROVEMENT BUD- GET ITEM OF CLARKSON STREET CONSTRUCTION MAKING THE TOTAL OF $69,000. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT 1979 TO J & N CON- CRETE IN THE AMOUNT OF $23,773.86. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried • COUNCILMAN CLAYTON MOVED THAT ON THE SEALCOAT PROGRAM FOR THE CITY OF ENGLEWOOD FOR THE YEAR 1979 THAT COUNCIL ACCEPT THE BID AS SUBMITTED BY THE A-1 PAVING COMPANY, INCORPORATED FOR I . -- • • • September 4, 1979 Page 4 • • • $35,000 LESS THE DEDUCTS OF $5,850 FOR A TOTAL OF $29,250. Coun- c i lman Sm i th seconded the mot i on. Upon a call of the roll , the vote resulted as follows: Ayes : Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish- ing to speak to Council at this time. The following is a verbatim transcript of the appearance of Mr. William Mason who requested to speak to Council concerning the investment management of the City's three pension boards' funds: PAT MILES: Mr. Mayor and Members of the Council, I'm Pat Miles. I'm an attorney with the law firm of Criswell and Patterson at 3780 South Broadway here in Englewood. I'm appearing this even- ing for the purpose of introducing two gentle- men who would like to address the Council. I believe members of Council had received perhaps a letter from Mr. William Mason. Mr. Mason would like to address Council this evening. In addition to Mr. Mason and along with Mr. Mason is Mr. Allen Gordon who would request permission to address Council and both gentlemen have indicated their request is to bring to the Council's attention cer- tain concerns they have in reference to the City's retirement fund. By way of mere in- troduction, Mr. Mason is president of William Mason & Company of Woodland Hills, California, and this is the company that has managed the City's pension funds for approximately the last four years. I think specifically the employee retirement fund and the firemen's retirement fund since 1974 and more recently the policemen's pension fund since August of 1978. As I indicated Mr. Mason is president of that company. I would indicate to you the Council that the agreement between the City and Mr. Mason's firm terminated August 22nd of I • • • September 4, 1979 Page 5 MAYOR TAYLOR: • • • this year, last week, and Mr. Mason would like to indicate certain concerns that he has over the present status of that fund. Mr. Allen Gordon is an attorney from Los Angeles who specializes in security laws and specifically in the federal investment advisor's act and by way of background Mr. Gordon has been chief counsel for the Securities Exchange Commis- sion dealing specifically with the invest- ment advisor's act and the investment coun- sel act. He has been in private practice in Los Angeles dealing specifically in this area for the past 10 years. It's not necessary to have an attorney appear to introduce the gentle- men to Council; but I merely want to indicate my only purpose in being here is to introduce the members to Council and indicate that Mr. Mason came to our firm because of an inability for his firm and for himself on prior occasions to meet with the retirement board. On several occasions during the last month, he has made effort to arrange a meeting and one of those meetings have been forthcoming. He contacted our office merely to request assistance in get- ting this matter before Council or his concerns before Council. I did have occasion to meet with both Mr. Mason and Mr. Gordon late this afternoon. Mr. Gordon has indicated to me that he has certin concerns from a legal standpoint that he would like to bring to Council's atten- tion. I am going to defer any remarks with re- ference to his legal concerns to his expertise. I would, however, indicate that I do share some of his concerns and I think they are matters that Council should be made aware of. With that I would turn over the podium to Mr. Mason if, Mr. Mayor, that is all right. Mr. Miles, before you do. The Council dis- cussed your letter and your mail-o-grams in our study session this afternoon and it's the, under our City Charter, the Council is not responsible or have jurisdiction over the police and fire pension boards. There is a connection of some sort with the City Council and the non-emergency employees pension board and to explain that in terms that are more familiar to law and to legal understanding, I'm going to defer to our City Attorney who is the attorney for both or all three of our • I • • • • • September 4, 1979 Page 6 PAT MILES: MAYOR TAYLOR: CITY ATTORNEY BERARDINI: PAT MILES: • • • boards. When Mr. George Olson called, I be- lieve his first name is George, Olson called me the other day. Is he your Denver repre-sentative? Yes, he is the Denver representative. I told him at the time, well, actually, to be honest, he called around Tuesday, and I didn't get back to him until Thursday, and it was too late to get him on the scheduled visitors for the agenda, but I told him it is the practice of this Council, although we're not obligated to under the Charter to ask for additional visitors, we always do because we would like to be as democratic as we possibly can. With that understanding, we will hear Mr. Mason but before we do I'd like Mr. Berardini, our attorney, to· fill you in on how this Council and the pension boards operate. Mr. Miles, I think briefly stated, the Coun- cil wonders why the correspondence was ad- dressed to it when the boards themselves are independent boards that are charged by statute and by ordinance given the full responsibility and authority to invest the funds at their dis- cretion and under the authority granted by the Colorado State Statutes, and perhaps you could address this or perhaps Mr. Mason or Mr. Gordon could, what relief you are requesting if any from the City Council? We don't feel that the Council, of course, has any jurisdiction to substitute its judgement for that of the board, the various boards of trustees of the various pension funds. I do note that under the public employement retirement fund, the Council may replace a trustee under the City Code if it so chooses by amendment to the ordinance, but, I think the main question here is what are your clients seeking to do and what relief are they seeking from Council, if any? Let me try to address those one at a time. Why are we here tonight? I think I can best state to Council that as early as Au,ust 7th of this year at which time Mr. Mason s firm was resonsible for management of the pension funds and he met with representatives of the • I • -- • • September 4, 1979 Page 7 MAYOR TAYLOR: COUNCILMAN CLAYTON : MAYOR TAYLOR : PAT MILES: MAYOR TAYLOR: WILLIAM MASON: MAYOR TAYLOR: • • • City and at that time it was indicated to him that consideration was undertaken that the pension policy or administration of the pension funds was being changed. He requested to meet with the pension board and that meeting was tentatively or to be arranged for the week fol- lowing August 7th. They were never able to ar- range it. They again tried to arrange a meet- ing the subsequent week. That was never fol- lowed through. A meeting was scheduled on August 22nd of 1979. Mr. Mason and his firm were ad- vised prior to that .meeting that it was being canceled. It's our understanding that the meet- ing did take place. One of the concerns of the company is that they have had no forum to come before. They've not been able to meet with the pension board to discuss the concerns that they have with reference to the fund. As to the relief that they are seeking here before Council, specifically none. They want a little bit of your time to listen to their concerns so that it is out in the open and someone has listened to their concerns. I don't think that the Council necessarily has the power to take affirmative action, but I think the Council does have the power to listen to the concerns that the gentlemen have. Do I hear any objection from Council? Your honor, I have no objection. I think that our record of this proceeding -I would request show the remarks of the City Attorney, though. Certainly, Mr. Miles, you client may speak. I wanted to be sure that everyone understood where the City Council stands on this before you do because the City Council can not change what the pension boards have done. Thank you. So you may bring your client up if you wish. Thank you. First I wish to thank the Mayor and City Council and City Manager Would you please give us your name and address? Everything you say is on tape, you know, this is like Watergate • • I • • - • • • September 4, 1979 Page 8 COUNCILMAN SMITH: MAYOR TAYLOR: WILLIAM MASON: • • • But there's no blanks. There's no blanks involved. My name is William Mason. I'm president of William Mason and Company, Woodland Hills, California. Having had the opportunity to speak to the boards, I would not be here to- night. So I do wish to thank you for the op- portunity to speak. I'm not here because I feel I have any vested right to manage the funds of the City. Clearly, I do not. I am here because I am absolutely appauled at the way the decision to terminate are serious at which arrived at and the current lack of con- sideration of the implications of liquidating all the securities held in the portfolios of these plans. We have been investment counsel to the firemen's pension plan and the City's employment pension plan since 1974 and to the policemen's pension plan since August of this year. During this period, there were no com- plaints about investment results made to us, or fees, or other significant matters. For weeks, we've been attempting to arrange a meet- ing with the boards through the office of the director of finance whom I understand left the City's employment last Friday. We were con- tinually put off. We were told that three suc- cessive meetings were scheduled and that they were then canceled. Finally, we were told that a meeting was arranged for August 22nd. Then we were told it was re-scheduled for September 5th. This canceled meeting was held on August 27th that's August 22nd at which time our ser- vices were terminated. And it is our under- standing the one-year old firm, one-year old firm of R. H. Leary and Company was retained. I repeat we have no vested right to manage the City's pension funds. The boards have the right to fire us. But if I were a board mem- ber I would be very concerned about why Bill Mason was not allowed to speak. Was it just bad manners or was someone afraid of what I would say? We have been managers of these plans for five years. I have been in the in- vestment business for almost 20 years. Not as a customer's man for a brokerage firm. Not as a mutual fund salesman. But an in- vestment analysis and investment manager • • I • • - • September 4, 1979 Page 9 • • • I would think it would be understood that my views were of some value. Common sense would suggest that before they bought an in- vested program from someone who had an eco- nomic interest in selling it to them that they would at least listen to the other side. Now, as I said, I was not at the August 22nd meeting so I do not know exactly what happened. But, it is my understanding that at that meet- ing, a new set of investment guidelines were adopted and the firm of R. M. Leary and Com- pany was engaged to .manage the pension assets. I find it particularly ironic that at that meet- ing, that meeting that I was refused attendance, the following guideline was accepted. I quote, "it is the desire of the pension board to meet quarterly in person with the investment manager responsible for this account to review the fol- lowing" and then there's a whole list of legi- timate investment concerns. That's all I de- sired, an opportunity to meet with the boards. Had I been given the opportunity to speak, I would have raised the following points. First, as a result of the actions taken on August 22nd a first rate set of investment guidelines brought up earlier this year by Mr. James and by Mr. Johannisson, guidelines which contain substantial and specific investment safeguards would have to be abandon. A mutual fund switch- ing program such as R. M. Leary and Company specializes in would probably violate these guidelines. My aecond concern, the second point I would raise was that you were hiring an investment advisor who had been in business for barely one year. Who had little actual experi- ence managing investments and had an invest- ment performance record which was largely hypo- thetical. Furthermore, it involved the use of load mutual funds, an investment vehicle that is so discredited that it has been equated by one well-known writer as "throwing money out the window". Third, I would stand by the cost estimates which I made in my letters to the City Council. Both the substantial one-time cost and the double management fees that would continue. I would also like to point out that your guidelines call for your investment ad- visor to carry fiduciary liability insurance. Does he? Has anyone seen the policy? Has the City Attorney reviewed it? Only three com- • I • - • • • September 4, 1979 Page 10 MAYOR TAYLOR: ALLEN GORDON: MAYOR TAYLOR: ALLEN GORDON : • • • pan~es write such coverage, only three com- pan~es in the insurance industry in this coun- try. Two of them began writing it this year. One only writes for members of the Investment Counsel Association of America of which there are 80 members, 80 members out of 5,000 invest- ment advisors. One of the terms of the con- tract is that if you cease to become an in- vestment, a member of the investment counsel association, you policy automatically lapses. Finally, a mutual fund switching program such as that offered by R. M. Leary and Company could well violate the new guidelines. Few mutual funds will place pointless restrictions on the investment policy the new guidelines call for. For instance, your new guidelines would prevent you from purchasing any new con- vertible bonds, but allow you to buy in at lower quantity common stocks from the same companies. Totally illogical. The final issue that we would like to address ourselves to is largely a legal point, but one of great importance, and I would like to turn the floor over to Mr. Gordon to handle that. Thank you. Thank you, Mr. Mason. Thank you, your Honor, Members of the Council, I appreciate very much for your time to ad- dress you this evening. I have just two points to make to you. Would you give us your name, please? My name is Allen Gordon. I'm a practicing lawyer. My office is in Los Angeles, Cali- fornia. I am not a member of the bar in the State of Colorado. I have represented and provided legal advice to William Mason and Company for the past three or four years. My practice specializes in federal securities laws and regulations; and I have personal familiarity with the investment business. There are two established principals of the Securities Exchange Commission that I think are in question here. One is that they have set in writing that it is fradulent per se for any investment advisor to represent as investment management results, numerical statistical studies that are purely hypo- thetical. And what that means is, if you've I • - • • • Septemb er 4, 1979 Page 11 • • . . • been managing assets over a per iod of time you can show what the actual re s u lts were that were achieved in the actual managemen t of those assets if you don't do it in a selective and improper way picking ou t on l y the accounts that did well and e l iminating the accounts that did badly, but represent- ing accurately the actual results over all accounts over time. But what you can't do is to look back hypothetically and say that if over the last ten years some program which was not actually in.effect had been followed here are the results that would have been achieved. The SEC has said that that is simply fradulent and the reason is perfectly clear. Anyone can look backwards over time and see where the stock market hits its tops and where it hit its bottoms, and say, well, if we had sold out at the top and if we had bought back at the bottom, here's what the results would have been on a thousand dollars that had been invested in that fashion over ten years. But, of course, nobody has the ability to do that, starting from today and working forward into the future because nobody knows in advance where the tops and bottoms will be. That's one point. The second point is that the Congress at the recommendation of the Securities Exchange Com- mission recently amended the statute to make a distinction in law between a registered in- vestment advisor and investment counseling firm. Any firm that publishes investment re- ports must register with the SEC as an invest- ment advisor. Many people have been led to feel that if a firm was registered with the Commission as an investment advisor, it must be reliable, experienced and knowledgeable. When in fact, all the statute requires is no- tice to the SEC that you are engaged in this line of business. So a distinction was writ- ten into the law and it says it's unlawful to represent that you are an investment counsel- ing firm unless the substantial character of your business is to provide discretionary in- vestment management of other people's assets on a continuing basis with regard to the speci- fic investment needs of the accounts under management. If that's what your business is, then it's lawful for you to represent that you're an investment counselor and not other- wise. Your ordinance with respect to the • I • - • • September 4, 1979 Page 12 • • • management of the assets of your pension and profit sharing plans for your municipal em- ployees, firemen and police officers provides that the boards of trustees may adopt any one of five alternative approaches to the invest- ment management of the assets of these plans. One would be to buy an annuity contract with an insurance company. Another would be to employ a bank. The last of these five is the one that is pertinent this evening. It is very short. I would like to read it to you. It says, "to obtain on an discretionary basis, an investment advisor, licensed as such under the United States Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said act." I think the meaning of the ordinance is quite clear. One permitted alternative is to employ an invest- ment firm to supervise, actually manage the in- vestment of the assets of these plans. Mr. Mason asked me, on Friday of last week, whether a registered investment advisor whose busi- ness it is to generate buy and sell recom- mendations of switching assets from one mu- tual fund to another based on market-timing judgements when the market has reached its high, sell your common stock mutual fund, put the money in a fixed-dollar mutual fund. Whether that type of business arrangement is the sort of business activity that qualifies to be an investment counseling business. My judgement on the point was no. It certainly does not because it does not involve actually determining what securities, what stock and bonds should be bought and when and at what price and why with this particular plan's needs. It's a rather blunt instrument is what it is, in which if you do right, you do very well and when you are wrong, the results are disastrous. I checked that personal legal opinion because this is not a commonly asked question by telephoning the SEC staff in Washington and talking with the current as- sistant director of the divison that adminis- ters this statute, and he said I quite agree with you, Allen, this is not what this statute means when it speaks of an investment coun- seling firm. Your ordinance incorporates by reference the standards of this federal statute. If this new arrangement that was entered into on the 22nd of August is not in fact an arranage- • I • - • • • • • September 4, 1979 Page 13 MAYOR TAYLOR: • • • ment with the investment counseling firm to pro- vide management on a discretionary basis to these assets, it does not -it is not authorized by this provision of the ordinance. If it isn't authorized by this provision of the ordinance, it isn't authorized by any provision of this ordinance. And if that's so, the trustees of these plans would not have the benefit of the provision that limits their personal liability if, which I'll read it very briefly, "and the trustees shall not be liable either as a body or individually for .the making, retention, or sale of any investment as wherein provided". That says to me that if the trustees adopted any one of these five specified modes of manage- ment, the trustees are protected and if they don't, they're not. You know, Mr. Mason was simply not given the opportunity to be present at the meeting when the boards of trustees of these plans at which judgement was made to terminate the services of his firm after five years and employ some other new arrangement. So, of course, we don't have any very exact knowledge of what the new arrangement con- sists of. Obviously, we've been trying to find out. We would much prefer to go for- ward on the basis of accurate and reliable information, but we have to do the best we can and based on what we do know, it appears that the retirement boards have hired a one- year old firm to provide a mutual fund tim- ing switching service. Thank you, gentle- ment, very much. That's concludes my pre- sentation. We thank you for your information. COUNCILMAN SMITH MOVED TO DIRECT TO SEND A LETTER TO EACH CHAIRMAN OF THE BOARDS OF EACH ONE OF THE PENSION PLANS DI- RECTING THAT A COPY OF THE CONTRACT WITH R. H. LEARY BE FORWARDED TO COUNCIL FOR ITS PERSUAL AND FOR THE REVIEW OF THE CITY ATTORNEY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Taylor. None • Council Member Giseburt • • I • • - • • • September 4, 1979 Page 14 Absent : • • • Council Member Mann. Mayor Taylor stated according to the Charter a council member can not abstain from voting unless the motion affects the member personally. Upon a call of the roll, the revote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Hr. A. E. Pezoldt, 1215 North Bonfoy Avenue, Colorado Springs, appeared before Council and discussed the relocation of a fire station on property he presently owns. Mr. Pezoldt stated he was unaware of the City's decision to move the fire station and stated he had plans to develop the property for his personal benefit. Councilman Smith stated the City staff had sent him nu- merous letters concerning the relocation and received no reply. There was some question of where his (Mr. Pezoldt) permanent ad- dress was until it was finally determined to be in Colorado Springs. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Cou~cil. No one replied. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent : Council Member Mann. The Mayor declared a quorum present • * * * * * * I • - ' • • September 4, 1979 Page 15 • • • "Coumunications -No Action Reco11111ended" on the agenda were received: (a) Minutes of the Water and Sewer Board regular meeting of July 24, 1979. (b) Minutes of the Englewood Downtown Development Authority regular meeting of August 22, 1979. (c) Minutes of the Election Co11111ission meeting of August 29, 1979. (d) Financial Report from January 1, 1979 through July 31, 1979. * * * * * * There were no "Coumunications -Action Receo11111ended" on the agenda. ORDINANCE NO. 39 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 34 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, I . - • • September 4, 1979 Page 16 .. • • • DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. City Attorney Berardini stated the above matter involves the estate of Mr. John Merchison. Mr. Berardini stated the City has received letters from the corporation's attorney containing information that the co-executors of the estate have been assigned and are the wife and son. Mr. Berardini informed the Council that a similar 3.2% license was issued to the Colorado Pizza Corporation doing business as Mr. Gatti's in Arapahoe County and the State Liquor License De- partment found no objection to the issuance. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 35 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979; CANCELLING THE RECALL ELECTION PRE- VIOUSLY ORDERED FOR SEPTEMBER 18, 1979 BY RESOLUTION NO. 30, SERIES OF 1979. City Attorney Berardini transmitted a "Certificate of Sufficiency" submitted by the City Clerk relative to the recall petition and setting a date for the recall election. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams • • I • • - • • • September 4 , 1979 Page 17 Absent: • • • Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO PASS A PROCLAMATION DECLARING SEPTEMBER 8, 1979, AS NATIONAL CANCER DAY. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Absent : Council Members Wil~iams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated he was in the process of researching the request by Councilman Smith for a possible amend- ment to the uniform traffic code with reference to turning move- ments over double yellow lines. Mr. Berardini stated he had done some preliminary work with Captain Mull of the Englewood Police Department and requested additional time until the next regular Council meeting in order to be able to present a full report. Councilman Smith stated the report did not have to be submitted until all the proper research had been done. * * * * * * COUNCILMAN CLAYTON MOVED TO SET A PREBUDGET PUBLIC HEAR- ING ON SEPTEMBER 17, 1979, AT 7 :55P.M. AND TO SET THE PUBLIC HEAR- ING ON PROPOSED USES ON REVENUE SHARING FUNDS FOR 1980 ON SEPTEMBER 17 , 1979, AT 8 :00P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent : Council Member Mann. The Mayor declared the motion carried. * * * * * * I • - • • • September 4, 1979 Page 18 • • • City Manager McCown reminded Council that on Saturday, September 8, 1979, will be a seminar for elected officials on cable television. Mr. McCown stated for those council members who wanted to attend to let his secretary, Pat Humphryes, know so . reservations can be made. * * * * * * City Manager McCown called attention to the new zoning map in the Council Chambers. Mr. McCown stated it was put to- gether by Mark Barber of the Community Department. MAYOR TAYLOR MOVED THAT A LETTER OF COMMENDATION BE SENT TO MR. MARK BARBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor made comments on the new Court/Council faci- lity; and requested that the air conditioning be checked and that Council consider the possibility of changing the bench seating since they appear to be unsatisfactory to some people. Councilman Smith suggested that the backs of the benches be replaced with wider boards. * * * * * * Mr. James Keller, Executive Director of the Englewood Downtown Development Authority, appeared before Council. Mr • Keller suggested that the benches be switched with the chairs and the benches then be used in the overflow reserve seating. Mr. Keller gave a report on the Authority's concerted effort to re-establish some type of downtown type of business association. Mr. Keller also reported that the Public Service wants to set up a meeting on the purchase of the building and parking lot. * * * * * * • I • - • . ' September 4, 1979 Page 19 • • • COUNCILMAN WILLIAMS MOVED TO DONATE $15 , 000 TO THE ENGLE\«)()D HIGH SCHOOL BAND FOR THE ROSE BOWL PARADA IN PASADENA, CALIFORNIA. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Taylor Ayes: Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Member Giseburt. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. adjourned the meeti~ 9,1~ p.~it~~ Dep~erk Mayor I • - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 4, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 4, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * An informal dedication was given of the new Council/ Court Chambers. Mr. Kelly Oliver, Oliver and Hellgren, the archi- tectural firm responsible for the remodeling design appeared be- fore Council and discussed particular features that were in the project, i.e. electronic voting system, four-track recording sys- tem and the low brightness lighting. Mayor Taylor announced that a formal dedication of the facility would take place some time before October of this year. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: I • - • • • September 4, 1979 Page 2 Ayes: Nays: Absent : The Mayor Council Harper, None. Council declared * * • • • Members Williams, Giseburt, Smith, Clayton, Taylor. Member Mann. the motion carried. * * * * Ms. Mary Joan Chik, 3110 South Delaware, was present. Ms. Chik stated she was representing St. Louis Church, Home and School, 3301/3310 South Sherman Street in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual fund raising program on October 21, 1979. COUNCILMAN SMITH MOVED THAT A PUBLIC HEARING BE SET FOR SEPTEMBER 17, 1979, AT 7:30P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Don Seymour, 4750 South Lipan, was present in the absence of Doug Sovern and Paul Newport. Mr. Seymour stated he was representing the Englewood Volunteer Fire Department in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual Firemen's Ball on September 22, 1979 in the Blue Mall at Cin-derella City. COUNCILMAN CLAYTON MOVED TO SET A PUBLIC HEARING ON SEPTEMBER 17, 1979, AT 7:45P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor • I • - • • • September 4, 1979 Page 3 Nays: Absent: • • • None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Engineering Services Gary Diede was present and discussed the award of construction contracts for Paving Dist- rict No. 26 (South); for Sidewalk Improvement Project 1979; and for Seal Coat Project 1979. COUNCILMAN CLAYTON MOVED THAT COUNCIL ACCEPT THE PETER KIEWIT SONS, COMPANY, BID OF $87,956.50 ON PAVING DISTRICT 126 OF SOUTH ZUNI (DARTMOUTH AVENUE TO FLOYD AVENUE) AND THAT THE FUNDS BE DERIVED FROM THE $50,000 PRESENTLY IN THE PUBLIC IM- PROVEMENT BUDGET AND $19,000 FROM THE PUBLIC IMPROVEMENT BUD- GET ITEM OF CLARKSON STREET CONSTRUCTION MAKING THE TOTAL OF $69,000. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. COUNCILMAN HARPER MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT 1979 TO J & N CON- CRETE IN THE AMOUNT OF $23,773.86. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED THAT ON THE SEALCOAT PROGRAM FOR THE CITY OF ENGLEWOOD FOR THE YEAR 1979 THAT COUNCIL ACCEPT THE BID AS SUBMITTED BY THE A-1 PAVING COMPANY, INCORPORATED FOR I . - • September 4, 1979 Page 4 • • • $35,000 LESS THE DEDUCTS OF $5,850 FOR A TOTAL OF $29,250. Coun- cilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to speak to Council at this time. The following is a verbatim transcript of the appearance of Mr. William Mason who requested to speak to Council concerning the investment management of the City's three pension boards' funds: PAT HILES: Hr. Mayor and Members of the Council, I'm Pat Miles. I'm an attorney with the law firm of Criswell and Patterson at 3780 South Broadway here in Englewood. I'm appearing this even- ing for the purpose of introducing two gentle- men who would like to address the Council. I believe members of Council had received perhaps a letter from Mr. William Mason. Hr. Mason would like to address Council this evening. In addition to Mr. Mason and along with Mr. Mason is Mr. Allen Gordon who would request permission to address Council and both gentlemen have indicated their request is to bring to the Council's attention cer- tain concerns they have in reference to the City's retirement fund. By way of mere in- troduction, Hr. Mason is president of William Mason & Company of Woodland Hills, California, and this is the company that has managed the City's pension funds for approximately the last four years. I think specifically the employee retirement fund and the firemen's retirement fund since 1974 and more recently the policemen's pension fund since August of 1978. As I indicated Mr. Mason is president of that company. I would indicate to you the Council that the agreement between the City and Mr. Mason's firm terminated August 22nd of I • - - • • September 4, 1979 Page 5 MAYOR TAYLOR: • • • this year, last week, and Mr. Mason would like to indicate certain concerns that he has over the present status of that fund. Mr. Allen Gordon is an attorney from Los Angeles who specializes in security laws and specifically in the federal investment advisor's act and by way of background Mr. Gordon has been chief counsel for the Securities Exchange Commis- sion dealing specifically with the invest- ment advisor's act and the investment coun- sel act. He has been in private practice in Los Angeles dealing -specifically in this area for the past 10 years. It's not necessary to have an attorney appear to introduce the gentle- men to Council; but I merely want to indicate my only purpose in being here is to introduce the members to Council and indicate that Mr. Mason came to our firm because of an inability for his firm and for himself on prior occasions to meet with the retirement board. On several occasions during the last month, he has made effort to arrange a meeting and one of those meetings have been forthcoming. He contacted our office merely to request assistance in get- ting this matter before Council or his concerns before Council. I did have occasion to meet with both Mr. Mason and Mr. Gordon late this afternoon. Mr. Gordon has indicated to me that he has certin concerns from a legal standpoint that he would like to bring to Council's atten- tion. I am going to defer any remarks with re- ference to his legal concerns to his expertise. I would, however, indicate that I do share some of his concerns and I think they are matters that Council should be made aware of. With that I would turn over the podium to Mr. Mason if, Mr. Mayor, that is all right. Mr. Miles, before you do. The Council dis- cussed your letter and your mail-o-grams in our study session this afternoon and it's the, under our City Charter, the Council is not responsible or have jurisdiction over the police and fire pension boards. There is a connection of some sort with the City Council and the non-emergency employees pension board and to explain that in terms that are more familiar to law and to legal understanding, I'm going to defer to our City Attorney who is the attorney for both or all three of our • I • - • • • September 4, 1979 Page 6 PAT MILES: MAYOR TAYLOR: CITY ATTORNEY BERARDINI: PAT MILES : • • • boards. When Mr. George Olson called, I be- lieve his first name is George, Olson called me the other day. Is he your Denver repre- sentative? Yes, he is the Denver representative. I told him at the time, well, actually, to be honest, he called around Tuesday, and I didn't get back to him until Thursday, and it was too late to get him on the scheduled visitors for the agenda, but I told him it is the practice of this Council, although we're not obligated to under the Charter to ask for additional visitors, we always do because we would like to be as democratic as we possibly can. With that understanding, we will hear Mr. Mason but before we do I'd like Mr. Berardini, our attorney, to fill you in on how this Council and the pension boards operate. Mr. Miles, I think briefly stated, the Coun- cil wonders why the correspondence was ad- dressed to it when the boards themselves are independent boards that are charged by statute and by ordinance given the full responsibility and authority to invest the funds at their dis- cretion and under the authority granted by the Colorado State Statutes, and perhaps you could address this or perhaps Mr. Mason or Mr. Gordon could, what relief you are requesting if any from the City Council? We don't feel that the Council, of course, has any jurisdiction to substitute its judgement for that of the board, the various boards of trustees of the various pension funds. I do note that under the public employement retirement fund, the Council may replace a trustee under the City Code if it so chooses by amendment to the ordinance, but, I think the main question here is what are your clients seeking to do and what relief are they seeking from Council, if any? Let me try to address those one at a time. Why are we here tonight? I think I can best state to Council that as early as Au~ust 7th of this year at which time Mr. Mason s firm was resonsible for management of the pension funds and he met with representatives of the • I • - • • • September 4, 1979 Page 7 • • • City and at that time it was indicated to him that consideration was undertaken that the pension policy or administration of the pension funds was being changed. He requested to meet with the pension board and that meeting was tentatively or to be arranged for the week fol- lowing August 7th. They were never able to ar- range it. They again tried to arrange a meet- ing the subsequent week. That was never fol- lowed through. A meeting was scheduled on August 22nd of 1979. Mr. Mason and his firm were ad- vised prior to that .meeting that it was being canceled. It's our understanding that the meet- ing did take place. One of the concerns of the company is that they have had no forum to come before. They've not been able to meet with the pension board to discuss the concerns that they have with reference to the fund. As to the relief that they are seeking here before Council, specifically none. They want a little bit of your time to listen to their concerns so that it is out in the open and someone has • listened to their concerns. I don't think that the Council necessarily has the power to take affirmative action, but I think the Council does have the power to listen to the concerns that the gentlemen have. MAYOR TAYLOR: Do I hear any objection from Council? COUNCILMAN CLAYTON: Your honor, I have no objection. I think that our record of this proceeding - I would request show the remarks of the City Attorney, though. MAYOR TAYLOR: PAT MILES: MAYOR TAYLOR: WILLIAM MASON : MAYOR TAYLOR: Certainly, Mr. Miles, you client may speak. I wanted to be sure that everyone understood where the City Council stands on this before you do because the City Council can not change what the pension boards have done • Thank you. So you may bring your client up if you wish. Thank you. First I wish to thank the Mayor and City Council and City Manager Would you please give us your name and address? Everything you say is on tape, you know, this is like Watergate • I • - • • • September 4, 1979 Page 8 COUNCILMAN SMITH : MAYOR TAYLOR: WILLIAM MASON: • • • But there's no blanks. There's no blanks involved. My name is William Mason. I'm president of William Mason and Company, Woodland Hills, California. Having had the opportunity to speak to the boards, I would not be here to- night. So I do wish to thank you for the op- portunity to speak. I'm not here because I feel I have any vested right to manage the funds of the City. Clearly, I do not. I am here because I am absolutely appauled at the way the decision to terminate are serious at which arrived at and the current lack of con- sideration of the implications of liquidating all the securities held in the portfolios of these plans. We have been investment counsel to the firemen's pension plan and the City's employment pension plan since 1974 and to the policemen's pension plan since August of this year. During this period, there were no com- plaints about investment results made to us, or fees, or other significant matters. For weeks, we've been attempting to arrange a meet- ing with the boards through the office of the director of finance whom I understand left the City's employment last Friday. We were con- tinually put off. We were told that three suc- cessive meetings were scheduled and that they were then canceled. Finally, we were told that a meeting was arranged for August 22nd. Then we were told it was re-scheduled for September 5th. This canceled meeting was held on August 27th that's August 22nd at which time our ser- vices were terminated. And it is our under- standing the one-year old firm, one-year old firm of R. M. Leary and Company was retained. I repeat we have no vested right to manage the City's pension funds. The boards have the right to fire us. But if I were a board mem- ber I would be very concerned about why Bill Mason was not allowed to speak. Was it just bad manners or was someone afraid of what I would say? We have been managers of these plans for five years. I have been in the in- vestment business for almost 20 years. Not as a customer's man for a brokerage firm. Not as a mutual fund salesman. But an in- vestment analysis and investment manager • I • - • • • • September 4, 1979 Page 9 • • • I would think it would be understood that my views were of some value. Common sense would suggest that before they bought an in- vested program from someone who had an eco- nomic interest in selling it to them that they would at least listen to the other side. Now, as I said, I was not at the August 22nd meeting so I do not know exactly what happened. But, it is my understanding that at that meet- ing, a new set of investment guidelines were adopted and the firm of R. M. Leary and Com- pany was engaged to .manage the pension assets. I find it particularly ironic that at that meet- ing, that meeting that I was refused attendance, the following guideline was accepted. I quote, "it is the desire of the pension board to meet quarterly in person with the investment manager responsible for this account to review the fol- lowing" and then there's a whole list of legi- timate investment concerns. That's all I de- sired, an opportunity to meet with the boards. Had I been given the opportunity to speak, I would have raised the following points. First, as a result of the actions taken on August 22nd a first rate set of investment guidelines brought up earlier this year by Mr. James and by Mr. Johannisson, guidelines which contain substantial and specific investment safeguards would have to be abandon. A mutual fund switch- ing program such as R. M. Leary and Company specializes in would probably violate these guidelines. My second concern, the second point I would raise was that you were hiring an investment advisor who had been in business for barely one year. Who had little actual experi- ence managing investments and had an invest- ment performance record which was largely hypo- thetical. Furthermore, it involved the use of load mutual funds, an investment vehicle that is so discredited that it has been equated by one well-known writer as "throwing money out the window". Third, I would stand by the cost estimates which I made in my letters to the City Council. Both the substantial one-time cost and the double management fees that would continue. I would also like to point out that your guidelines call for your investment ad- visor to carry fiduciary liability insurance. Does he? Has anyone seen the policy? Has the City Attorney reviewed it? Only three com- I • - • • • September 4, 1979 Page 10 MAYOR TAYLOR: ALLEN GORDON : MAYOR TAYLOR: ALLEN GORDON : • • • pan~es write such coverage, only three com- panLes in the insurance industry in this coun- try. Two of them began writing it this year. One only writes for members of the Investment Counsel Association of America of which there are 80 members, 80 members out of 5,000 invest- ment advisors. One of the terms of the con- tract is that if you cease to become an in- vestment, a member of the investment counsel association, you policy automatically lapses. Finally, a mutual fund switching program such as that offered by R. M. Leary and Company could well violate the new guidelines. Few mutual funds will place pointless restrictions on the investment policy the new guidelines call for. For instance, your new guidelines would prevent you from purchasing any new con- vertible bonds, but allow you to buy in at lower quantity common stocks from the same companies. Totally illogical. The final issue that we would like to address ourselves to is largely a legal point, but one of great importance, and I would like to turn the floor over to Mr. Gordon to handle that. Thank you. Thank you, Mr. Mason. Thank you, your Honor, Members of the Council, I appreciate very much for your time to ad- dress you this evening. I have just two points to make to you. Would you give us your name, please? My name is Allen Gordon. I'm a practicing lawyer. My office is in Los Angeles, Cali- fornia. I am not a member of the bar in the State of Colorado. I have represented and provided legal advice to William Mason and Company for the past three or four years. My practice specializes in federal securities laws and regulations; and I have personal familiarity with the investment business. There are two established principals of the Securities Exchange Commission that I think are in question here. One is that they have set in writing that it is fradulent per se for any investment advisor to represent as investment management results, numerical statistical studies that are purely hypo- thetical. And what that means is, if you've • I • - • • • September 4, 1979 Page 11 • • • been managing assets over a period of time you can show what the actual results were that were achieved in the actual management of those assets if you don't do it in a selective and improper way picking out only the accounts that did well and eliminating the accounts that did badly, but represent- ing accurately the actual results over all accounts over time. But what you can't do is to look back hypothetically and say that if over the last ten years some program which was not actually in.effect had been followed here are the results that would have been achieved. The SEC has said that that is simply fradulent and the reason is perfectly clear. Anyone can look backwards over time and see where the stock market hits its tops and where it hit its bottoms, and say, well, if we had sold out at the top and if we had bought back at the bottom, here's what the results would have been on a thousand dollars that had been invested in that fashion over ten years. But, of course, nobody has the ability to do that, starting from today and working forward into the future because nobody knows in advance where the tops and bottoms will be. That's one point. The second point is that the Congress at the recommendation of the Securities Exchange Com- mission recently amended the statute to make a distinction in law between a registered in- vestment advisor and investment counseling firm. Any firm that publishes investment re- ports must register with the SEC as an invest- ment advisor. Many people have been led to feel that if a firm was registered with the Commission as an investment advisor, it must be reliable, experienced and knowledgeable. When in fact, all the statute requires is no- tice to the SEC that you are engaged in this line of business. So a distinction was writ- ten into the law and it says it's unlawful to represent that you are an investment counsel- ing firm unless the substantial character of your business is to provide discretionary in- vestment management of other people's assets on a continuing basis with regard to the speci- fic investment needs of the accounts under management. If that's what your business is, then it's lawful for you to represent that you're an investment counselor and not other- wise. Your ordinance with respect to the • I • • - • • • September 4, 1979 Page 12 • • • management of the assets of your pension and profit sharing plans for your municipal em- ployees, firemen and police officers provides that the boards of trustees may adopt any one of five alternative approaches to the invest- ment management of the assets of these plans. One would be to buy an annuity contract with an insurance company. Another would be to employ a bank. The last of these five is the one that is pertinent this evening. It is very short. I would like to read it to you. It says, "to obtain on an discretionary basis, an investment advisor, licensed as such under the United States Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said act." I think the meaning of the ordinance is quite clear. One permitted alternative is to employ an invest- ment firm to supervise, actually manage the in- vestment of the assets of these plans. Mr. Mason asked me, on Friday of last week, whether a registered investment advisor whose busi- ness it is to generate buy and sell recom- mendations of switching assets from one mu- tual fund to another based on market-timing judgements when the market has reached its high, sell your common stock mutual fund, put the money in a fixed-dollar mutual fund. Whether that type of business arrangement is the sort of business activity that qualifies to be an investment counseling business. My judgement on the point was no. It certainly does not because it does not involve actually determining what securities, what stock and bonds should be bought and when and at what price and why with this particular plan's needs. It's a rather blunt instrument is what it is, in which if you do right, you do very well and when you are wrong, the results are disastrous. I checked that personal legal opinion because this is not a commonly asked question by telephoning the SEC staff in Washington and talking with the current as- sistant director of the divison that adminis- ters this statute, and he said I quite agree with you, Allen, this is not what this statute means when it speaks of an investment coun- seling firm. Your ordinance incorporates by reference the standards of this federal statute. If this new arrangement that was entered into on the 22nd of August is not in fact an arranage- • I • - c • • ( • September 4, 1979 Page 13 MAYOR TAYLOR: • • • ment with the investment counseling firm to pro- vide management on a discretionary basis to these assets, it does not -it is not authorized by this provision of the ordinance. If it isn't authorized by this provision of the ordinance, it isn't authorized by any provision of this ordinance. And if that's so, the trustees of these plans would not have the benefit of the provision that limits their personal liability if, which I'll read it very briefly, "and the trustees shall not be liable either as a body or individually for .the making, retention, or sale of any investment as wherein provided". That says to me that if the trustees adopted any one of these five specified modes of manage- ment, the trustees are protected and if they don't, they're not. You know, Mr. Mason was simply not given the opportunity to be present at the meeting when the boards of trustees of these plans at which judgement was made to terminate the services of his firm after five years and employ some other new arrangement. So, of course, we don't have any very exact knowledge of what the new arrangement con- sists of. Obviously, we've been trying to find out. We would much prefer to go for- ward on the basis of accurate and reliable information, but we have to do the best we can and based on what we do know, it appears that the retirement boards have hired a one- year old firm to provide a mutual fund tim- ing switching service. Thank you, gentle- ment, very much. That's concludes my pre- sentation. We thank you for your information. COUNCILMAN SMITH MOVED TO DIRECT TO SEND A LETTER TO EACH CHAIRMAN OF THE BOARDS OF EACH ONE OF THE PENSION PLANS DI- RECTING THAT A COPY OF THE CONTRACT WITH R. M. LEARY BE FORWARDED TO COUNCIL FOR ITS PERSUAL AND FOR THE REVIEW OF THE CITY ATTORNEY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Taylor. None. Council Member Giseburt. • I • • - • • • September 4, 1979 Page 14 Absent: • • • Council Member Mann. Mayor Taylor stated according to the Charter a council member can not abstain from voting unless the motion affects the member personally. Upon a call of the roll, the revote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. A. E. Pezoldt, 1215 North Bonfoy Avenue, Colorado Springs, appeared before Council and discussed the relocation of a fire station on property he presently owns. Mr. Pezoldt stated he was unaware of the City's decision to move the fire station and stated he had plans to develop the property for his personal benefit. Councilman Smith stated the City staff had sent him nu- merous letters concerning the relocation and received no reply. There was some question of where his (Mr. Pezoldt) permanent ad- dress was until it was finally determined to be in Colorado Springs. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Cou~cil. No one replied. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * I • - ( • • ( September 4, 1979 Page 15 • • • "Coumunications -No Action Recomnended" on the agenda were received: (a) Minutes of the Water and Sewer Board regular meeting of July 24, 1979. (b) Minutes of the Englewood Downtown Development Authority regular meeting of August 22, 1979. (c) Minutes of the Election Commission meeting of August 29, 1979. (d) Financial Report from January 1, 1979 through July 31, 1979. * * * * * * There were no "Coumunications -Action Receommended" on the agenda. ORDINANCE NO. 39 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTIIORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor • None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 34 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, • I . - • • • September 4, 1979 Page 16 • • • DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. City Attorney Berardini stated the above matter involves the estate of Mr. John Merchison. Mr. Berardini stated the City has received letters from the corporation's attorney containing information that the co-executors of the estate have been assigned and are the wife and son. Mr. Berardini informed the Council that a similar 3.2% license was issued to the Colorado Pizza Corporation doing business as Mr. Gatti's in Arapahoe County and the State Liquor License De- partment found no objection to the issuance. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 35 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979; CANCELLING THE RECALL ELECTION PRE- VIOUSLY ORDERED FOR SEPTEMBER 18, 1979 BY RESOLUTION NO. 30, SERIES OF 1979. City Attorney Berardini transmitted a "Certificate of Sufficiency" submitted by the City Clerk relative to the recall petition and setting a date for the recall election. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams. • I • - < c • c • September 4, 1979 Page 17 Absent: • • • Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO PASS A PROCLAMATION DECLARING SEPTEMBER 8, 1979, AS NATIONAL CANCER DAY. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Wil~iams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated he was in the process of researching the request by Councilman Smith for a possible amend- ment to the uniform traffic code with reference to turning move- menta over double yellow linea. Hr. Berardini stated he had done some preliminary work with Captain Hull of the Englewood Police Department and requested additional time until the next regular Council meeting in order to be able to present a full report. Councilman Smith stated the report did not have to be submitted until all the proper research had been done. * * * * * * COUNCILMAN CLAYTON MOVED TO SET A PREBUDGET PUBLIC HEAR- ING ON SEPTEMBER 17, 1979, AT 7 :55P.M. AND TO SET THE PUBLIC HEAR- ING ON PROPOSED USES ON REVENUE SHARING FUNDS FOR 1980 ON SEPTEMBER 17, 1979, AT 8:00P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays : None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * I • • - • • September 4, 1979 Page 18 • • • City Manager McCown reminded Council that on Saturday, September 8, 1979, will be a seminar for elected officials on cable television. Mr. McCown stated for those council members who wanted to attend to let his secretary, Pat Humphryes, know so . reservations can be made. * * * * * * City Manager McCown called attention to the new zoning map in the Council Chambers. Mr. McCown stated it was p~t to- gether by Mark Barber of the Community Department. MAYOR TAYLOR MOVED THAT A LETTER OF COMMENDATION BE SENT TO MR. MARK BARBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor made comments on the new Court/Council faci- lity; and requested that the air conditioning be checked and that Council consider the possibility of changing the bench seating since they appear to be unsatisfactory to some people. Councilman Smith suggested that the backs of the benches be replaced with wider boards. * * * * * * Mr. James Keller, Executive Director of the Englewood Downtown Development Authority, appeared before Council. Mr. Keller suggested that the benches be switched with the chairs and the benches then be used in the overflow reserve seating. Mr. Keller gave a report on the Authority's concerted effort to re-establish some type of downtown type of business association. Mr. Keller also reported that the Public Service wants to set up a meeting on the purchase of the building and parking lot. * * * * * * • I • - • • ( • September 4, 1979 Page 19 • • • COUNCILMAN WILLIAMS MOVED TO DONATE $15,000 TO THE ENGLEWOOD HIGH SCHOOL BAND FOR THE ROSE BOWL PARADA IN PASADENA, CALIFORNIA. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Taylor Ayes: Council Members Williams, Smith, Harper, Clayton, Taylor. Nays: Council Member Giseburt. Absent : Council Member Mann. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. adjourned the meet~ 9,1~ P·~it~~ Dep~erk Mayor I . - ( l • • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO September 4, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 4, 1979, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Donald Smith. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Director of Engineering Services Diede Deputy City Clerk Watkins * * * * * * An informal dedication was given of the new Council/ Court Chambers. Mr. Kelly Oliver, Oliver and Hellgren, the archi- tectural firm responsible for the remodeling design appeared be- fore Council and discussed particular features that were in the project, i.e. electronic voting system, four-track recording sys-tem and the low brightness lighting. Mayor Taylor announced that a formal dedication of the facility would take place some time before October of this year. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: A I • - • • • September 4, 1979 Page 2 Ayes: Nays : Absent: Council Harper, None. Council • • • Members Williams, Giseburt, Smith, Clayton, Taylor. Member Mann. The Mayor declared the motion carried. * * * * * * Ms. Mary Joan Chik, 3110 South Delaware, was present. Ms. Chik stated she was representing St. Louis Church, Home and School, 3301/3310 South Sherman Street in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual fund raising program on October 21, 1979. COUNCILMAN SMITH MOVED THAT A PUBLIC HEARING BE SET FOR SEPTEMBER 17, 1979, AT 7:30P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Don Seymour, 4750 South Lipan, was present in the absence of Doug Sovern and Paul Newport. Mr. Seymour stated he was representing the Englewood Volunteer Fire Department in a request that a date be set for a public hearing for a special events permit to serve beer, wine and liquor at their annual Firemen's Ball on September 22, 1979 in the Blue Mall at Cin-derella City. COUNCILMAN CLAYTON MOVED TO SET A PUBLIC HEARING ON SEPTEMBER 17, 1979, AT 7:45P.M. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor • • I • - ( • • • September 4, 1979 Page 3 Nays: Absent: • • • None. Council Member Mann. The Mayor declared the motion carried, * * * * * * Director of Engineering Services Gary Diede was present and discussed the award of construction contracts for Paving Dist- rict No. 26 (South); for Sidewalk Improvement Project 1979 ; and for Seal Coat Project 1979. COUNCILMAN CLAYTON MOVED THAT COUNCIL ACCEPT THE PETER KIEWIT SONS, COMPANY, BID OF $87,956.50 ON PAVING DISTRICT #26 OF SOUTH ZUNI (DARTMOUTH AVENUE TO FLOYD AVENUE) AND THAT THE FUNDS BE DERIVED FROM THE $50,000 PRESENTLY IN THE PUBLIC IM- PROVEMENT BUDGET AND $19,000 FROM THE PUBLIC IMPROVEMENT BUD- GET ITEM OF CLARKSON STREET CONSTRUCTION MAKING THE TOTAL OF $69,000. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried, COUNCILMAN HARPER MOVED TO AWARD THE CONTRACT FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENT PROJECT 1979 TO J & N CON- CRETE IN THE AMOUNT OF $23,773.86. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes : Council Members Williams , Giseburt , Smith, Harper, Clayton, Taylor. Nays : None. Absent : Council Member Mann. The Mayor declared the motion carried • COUNCILMAN CLAYTON MOVED THAT ON THE SEALCOAT PROGRAM FOR THE CITY OF ENGLEWOOD FOR THE YEAR 1979 THAT COUNCIL ACCEPT THE BID AS SUBMITTED BY THE A-1 PAVING COMPANY, INCORPORATED FOR • I . - • September 4, 1979 Page 4 • • • $35,000 LESS THE DEDUCTS OF $5,850 FOR A TOTAL OF $29,250. Coun- cilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors wish-ing to speak to Council at this time. The following is a verbatim transcript of the appearance of Mr. William Mason who requested to speak to Council concerning the investment management of the City's three pension boards' funds: PAT MILES: Mr. Mayor and Members of the Council, I'm Pat Miles. I'm an attorney with the law firm of Criswell and Patterson at 3780 South Broadway here in Englewood. I'm appearing this even- ing for the purpose of introducing two gentle- men who would like to address the Council. I believe members of Council had received perhaps a letter from Mr. William Mason. Mr. Mason would like to address Council this evening. In addition to Mr. Mason and along with Mr. Mason is Mr. Allen Gordon who would request permission to address Council and both gentlemen have indicated their request is to bring to the Council's attention cer- tain concerns they have in reference to the City's retirement fund. By way of mere in- troduction, Mr. Mason is president of William Mason & Company of Woodland Hills, California, and this is the company that has managed the City's pension funds for approximately the last four years. I think specifically the employee retirement fund and the firemen's retirement fund since 1974 and more recently the policemen's pension fund since August of 1978. As I indicated Mr. Mason is president of that company. I would indicate to you the Council that the agreement between the City and Mr. Mason's firm terminated August 22nd of .. I • - • • ( ( • September 4, 1979 Page 5 MAYOR TAYLOR: • • • this year, last week, and Mr. Mason would like to indicate certain concerns that he has over the present status of that fund. Mr. Allen Gordon is an attorney from Los Angeles who specializes in security laws and specifically in the federal investment advisor's act and by way of background Mr. Gordon has been chief counsel for the Securities Exchange Commis- sion dealing specifically with the invest- ment advisor's act and the investment coun- sel act. He has been in private practice in Los Angeles dealing -specifically in this area for the past 10 years. It's not necessary to have an attorney appear to introduce the gentle- men to Council; but I merely want to indicate my only purpose in being here is to introduce the members to Council and indicate that Mr. Mason came to our firm because of an inability for his firm and for himself on prior occasions to meet with the retirement board. On several occasions during the last month, he has made effort to arrange a meeting and one of those meetings have been forthcoming. He contacted our office merely to request assistance in get- ting this matter before Council or his concerns before Council. I did have occasion to meet with both Mr. Mason and Mr. Gordon late this afternoon. Mr. Gordon has indicated to me that he has certin concerns from a legal standpoint that he would like to bring to Council's atten- tion. I am going to defer any remarks with re- ference to his legal concerns to his expertise. I would, however, indicate that I do share some of his concerns and I think they are matters that Council should be made aware of. With that I would turn over the podium to Mr. Mason if, Mr. Mayor, that is all right • Mr. Miles, before you do. The Council dis- cussed your letter and your mail-o-grams in our study session this afternoon and it's the, under our City Charter, the Council is not responsible or have jurisdiction over the police and fire pension boards. There is a connection of some sort with the City Council a~d the non-emergency employees pension board and to explain that in terms that are more familiar to law and to legal understanding, I'm going to defer to our City Attorney who is the attorney for both or all three of our • I • - • • • September 4, 1979 Page 6 PAT MILES: MAYOR TAYLOR: CITY ATTORNEY BERARDINI: PAT MILES: • • • boards. When Mr. George Olson called, I be- lieve his first name is George, Olson called me the other day. Is he your Denver repre-sentative? Yes, he is the Denver representative. I told him at the time, well, actually, to be honest, he called around Tuesday, and I didn't get back to him until Thursday, and it was too late to get him on the scheduled visitors for the agenda, but I told him it is the practice of this Council, although we're not obligated to under the Charter to ask for additional visitors, we always do because we would like to be as democratic as we possibly can. With that understanding, we will hear Mr. Mason but before we do I'd like Mr. Berardini, our attorney, to fill you in on how this Council and the pension boards operate. Mr. Miles, I think briefly stated, the Coun- cil wonders why the correspondence was ad- dressed to it when the boards themselves are independent boards that are charged by statute and by ordinance given the full responsibility and authority to invest the funds at their dis- cretion and under the authority granted by the Colorado State Statutes, and perhaps you could address this or perhaps Hr. Mason or Mr. Gordon could, what relief you are requesting if any from the City Council? We don't feel that the Council, of course, has any jurisdiction to substitute its judgement for that of the board, the various boards of trustees of the various pension funds. I do note that under the public employement retirement fund, the Council may replace a trustee under the City Code if it so chooses by amendment to the ordinance, but, I think the main question here is what are your clients seeking to do and what relief are they seeking from Council, if any? Let me try to address those one at a time. Why are we here tonight? I think I can best state to Council that as early as Au,ust 7th of this year at which time Mr. Mason s firm was resonsible for management of the pension funds and he met with representatives of the I • - ( • • • September 4, 1979 Page 7 • • • City and at that time it was indicated to him that consideration was undertaken that the pension policy or administration of the pension funds was being changed. He requested to meet with the pension board and that meeting was tentatively or to be arranged for the week fol- lowing August 7th. They were never able to ar- range it. They again tried to arrange a meet- ing the subsequent week. That was never fol- lowed through. A meeting was scheduled on August 22nd of 1979. Mr. Mason and his firm were ad- vised prior to that .meeting that it was being canceled. It's our understanding that the meet- ing did take place. One of the concerns of the company is that they have had no forum to come before. They've not been able to meet with the pension board to discuss the concerns that they have with reference to the fund. As to the relief that they are seeking here before Council, specifically none. They want a little bit of your time to listen to their concerns so that it is out in the open and someone has listened to their concerns. I don't think that the Council necessarily has the power to take affirmative action, but I think the Council does have the power to listen to the concerns that the gentlemen have. MAYOR TAYLOR: Do I hear any objection from Council? COUNCILMAN CLAYTON: Your honor, I have no objection. I think that our record of this proceeding - I would request show the remarks of the City Attorney, though. MAYOR TAYLOR: PAT MILES : MAYOR TAYLOR: WILLIAM MASON: MAYOR TAYLOR: Certainly, Mr. Miles, you client may speak. I wanted to be sure that everyone understood where the City Council stands on this before you do because the City Council can not change what the pension boards have done. Thank you. So you may bring your client up if you wish. Thank you. First I wish to thank the Mayor and City Council and City Manager Would you please give us your name and address? Everything you say is on tape, you know, this is like Watergate • I • • - • • • September 4, 1979 Page 8 COUNCILMAN SMITH: MAYOR TAYLOR: WILLIAM MASON: • • • But there's no blanks. There's no blanks involved. My name is William Mason. I'm president of William Mason and Company, Woodland Hills, California. Having had the opportunity to speak to the boards, I would not be here to- night. So I do wish to thank you for the op- portunity to speak. I'm not here because I feel I have any vested right to manage the funds of the City. Clearly, I do not. I am here because I .am absolutely appauled at the way the decision to terminate are serious at which arrived at and the current lack of con- sideration of the implications of liquidating all the securities held in the portfolios of these plans. We have been investment counsel to the firemen's pension plan and the City's employment pension plan since 1974 and to the policemen's pension plan since August of this year. During this period, there were no com- plaints about investment results made to us, or fees, or other significant matters. For weeks, we've been attempting to arrange a meet- ing with the boards through the office of the director of finance whom I understand left the City's employment last Friday. We were con- tinually put off. We were told that three suc- cessive meetings were scheduled and that they were then canceled. Finally, we were told that a meeting was arranged for August 22nd. Then we were told it was re-scheduled for September 5th. This canceled meeting was held on August 27th that's August 22nd at which time our ser- vices were terminated. And it is our under- standing the one-year old firm, one-year old firm of R. M. Leary and Company was retained • I repeat we have no vested right to manage the City's pension funds. The boards have the right to fire us. But if I were a board mem- ber I would be very concerned about why Bill Mason was not allowed to speak. Was it just bad manners or was someone afraid of what I would say? We have been managers of these plans for five years. I have been in the in- vestment business for almost 20 years. Not as a customer's man for a brokerage firm. Not as a mutual fund salesman. But an in- vestment analysis and investment manager • • I • - ( • • • September 4, 1979 Page 9 • • • I would think it would be understood that my views were of some value. Common sense would suggest that before they bought an in- vested program from someone who had an eco- nomic interest in selling it to them that they would at least listen to the other side. Now, as I said, I was not at the August 22nd meeting so I do not know exactly what happened. But, it is my understanding that at that meet- ing, a new set of investment guidelines were adopted and the firm of R. M. Leary and Com- pany was engaged to .manage the pension assets. I find it particularly ironic that at that meet- ing, that meeting that I was refused attendance, the following guideline was accepted. I quote, "it is the desire of the pension board to meet quarterly in person with the investment manager responsible for this account to review the fol- lowing" and then there's a whole list of legi- timate investment concerns. That's all I de- sired, an opportunity to meet with the boards. Had I been given the opportunity to speak, I would have raised the following points. First, as a result of the actions taken on August 22nd a first rate set of investment guidelines brought up earlier this year by Mr. James and by Mr. Johannisson, guidelines which contain substantial and specific investment safeguards would have to be abandon. A mutual fund switch- ing program such as R. M. Leary and Company specializes in would probably violate these guidelines. My second concern, the second point I would raise was that you were hiring an investment advisor who had been in business for barely one year. Who had little actual experi- ence managing investments and had an invest- ment performance record which was largely hypo- thetical. Furthermore, it involved the use of load mutual funds, an investment vehicle that is so discredited that it has been equated by one well-known writer as "throwing money out the window". Third, I would stand by the cost estimates which I made in my letters to the City Council. Both the substantial one-time cost and the double management fees that would continue. I would also like to point out that your guidelines call for your investment ad- visor to carry fiduciary liability insurance. Does he? Has anyone seen the policy? Has the City Attorney reviewed it? Only three com- • • I • • • • • September 4, 1979 Page 10 MAYOR TAYLOR: ALLEN GORDON : MAYOR TAYLOR : ALLEN GORDON : • • • pan~es write such coverage, only three com- panLes in the insurance industry in this coun- try. Two of them began writing it this year. One only writes for members of the Investment Counsel Association of America of which there are 80 members, 80 members out of 5,000 invest- ment advisors. One of the terms of the con- tract is that if you cease to become an in- vestment, a member of the investment counsel association, you policy automatically lapses. Finally, a mutual fund switching program such as that offered by R. M. Leary and Company could well violate the new guidelines. Few mutual funds will place pointless restrictions on the investment policy the new guidelines call for. For instance, your new guidelines would prevent you from purchasing any new con- vertible bonds, but allow you to buy in at lower quantity common stocks from the same companies. Totally illogical. The final issue that we would like to address ourselves to is largely a legal point, but one of great importance, and I would like to turn the floor over to Mr. Gordon to handle that. Thank you. Thank you, Mr. Mason. Thank you, your Honor, Members of the Council, I appreciate very much for your time to ad- dress you this evening. I have just two points to make to you. Would you give us your name, please? My name is Allen Gordon. I'm a practicing lawyer. My office is in Los Angeles, Cali- fornia. I am not a member of the bar in the State of Colorado. I have represented and provided legal advice to William Mason and Company for the past three or four years. My practice specializes in federal securities laws and regulations; and I have personal familiarity with the investment business. There are two established principals of the Securities Exchange Commission that I think are in question here. One is that they have set in writing that it is fradulent per se for any investment advisor to represent as investment management results, numerical statistical studies that are purely hypo- thetical. And what that means is, if you've • I • - ( ( • September 4, 1979 Page 11 • • • been managing assets over a period of time you can show what the actual results were that were achieved in the actual management of those assets if you don't do it in a selective and improper way picking out only the accounts that did well and eliminating the accounts that did badly, but represent- ing accurately the actual results over all accounts over time. But what you can't do is to look back hypothetically and say that if over the last ten years some program which was not actually in.effect had been followed here are the results that would have been achieved. The SEC has said that that is simply fradulent and the reason is perfectly clear. Anyone can look backwards over time and see where the stock market hits its tops and where it hit its bottoms, and say, well, if we had sold out at the top and if we had bought back at the bottom, here's what the results would have been on a thousand dollars that had been invested in that fashion over ten years. But, of course, nobody has the ability to do that, starting from today and working forward into the future because nobody knows in advance where the tops and bottoms will be. That's one point. The second point is that the Congress at the recommendation of the Securities Exchange Com- mission recently amended the statute to make a distinction in law between a registered in- vestment advisor and investment counseling firm. Any firm that publishes investment re- ports must register with the SEC as an invest- ment advisor. Many people have been led to feel that if a firm was registered with the Commission as an investment advisor, it must be reliable, experienced and knowledgeable. When in fact, all the statute requires is no- tice to the SEC that you are engaged in this line of business. So a distinction was writ- ten into the law and it says it's unlawful to represent that you are an investment counsel- ing firm unless the substantial character of your business is to provide discretionary in- vestment management of other people's assets on a continuing basis with regard to the speci- fic investment needs of the accounts under management. If that's what your business is, then it's lawful for you to represent that you're an investment counselor and not other- wise. Your ordinance with respect to the I • - 0 1 • • September 4, 1979 Page 12 • • • management of the assets of your pension and profit sharing plans for your municipal em- ployees, firemen and police officers provides that the boards of trustees may adopt any one of five alternative approaches to the invest- ment management of the assets of these plans. One would be to buy an annuity contract with an insurance company. Another would be to employ a bank. The last of these five is the one that is pertinent this evening. It is very short. I would like to read it to you. It says, "to obtain on an discretionary basis, an investment advisor, licensed as such under the United States Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said act." I think the meaning of the ordinance is quite clear. One permitted alternative is to employ an invest- ment firm to supervise, actually manage the in- vestment of the assets of these plans. Mr. Mason asked me, on Friday of last week, whether a registered investment advisor whose busi- ness it is to generate buy and sell recom- mendations of switching assets from one mu- tual fund to another based on market-timing judgements when the market has reached its high, sell your common stock mutual fund, put the money in a fixed-dollar mutual fund. Whether that type of business arrangement is the sort of business activity that qualifies to be an investment counseling business. My judgement on the point was no. It certainly does not because it does not involve actually determining what securities, what stock and bonds should be bought and when and at what price and why with this particular plan's needs. It's a rather blunt instrument is what it is, in which if you do right, you do very well and when you are wrong, the results are disastrous. I checked that personal legal opinion because this is not a commonly asked question by telephoning the SEC staff in Washington and talking with the current as- sistant director of the divison that adminis- ters this statute, and he said I quite agree with you, Allen, this is not what this statute means when it speaks of an investment coun- seling firm. Your ordinance incorporates by reference the standards of this federal statute. If this new arrangement that was entered into on the 22nd of August is not in fact an arranage- D I • - ( ( • ( • September 4, 1979 Page 13 MAYOR TAYLOR: • • • ment with the investment counseling firm to pro- vide management on a discretionary basis to these assets, it does not -it is not authorized by this provision of the ordinance. If it isn't authorized by this provision of the ordinance, it isn't authorized by any provision of this ordinance. And if that's so, the trustees of these plans would not have the benefit of the provision that limits their personal liability if, which I'll read it very briefly, "and the trustees shall not be liable either as a body or individually for .the making, retention, or sale of any investment as wherein provided". That says to me that if the trustees adopted any one of these five specified modes of manage- ment, the trustees are protected and if they don't, they're not. You know, Mr. Mason was simply not given the opportunity to be present at the meeting when the boards of trustees of these plans at which judgement was made to terminate the services of his firm after five years and employ some other new arrangement. So, of course, we don't have any very exact knowledge of what the new arrangement con- sists of. Obviously, we've been trying to find out. We would much prefer to go for- ward on the basis of accurate and reliable information, but we have to do the best we can and based on what we do know, it appears that the retirement boards have hired a one- year old firm to provide a mutual fund tim- ing switching service. Thank you, gentle- ment, very much. That's concludes my pre- sentation. We thank you for your information. COUNCILMAN SMITH MOVED TO DIRECT TO SEND A LETTER TO EACH CHAIRMAN OF THE BOARDS OF EACH ONE OF THE PENSION PLANS DI- RECTING THAT A COPY OF THE CONTRACT WITH R. M. LEARY BE FORWARDED TO COUNCIL FOR ITS PERSUAL AND FOR THE REVIEW OF THE CITY ATTORNEY. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Taylor. None. Council Member Giseburt • • • I • - • • • September 4, 1979 Page 14 Absent: • • • Council Member Mann. Mayor Taylor stated according to the Charter a council member can not abstain from voting unless the motion affects the member personally. Upon a call of the roll, the revote resulted as follows: Ayes : Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. A. E. Pezoldt, 1215 North Bonfoy Avenue, Colorado Springs, appeared before Council and discussed the relocation o f a fire station on property he presently owns. Mr. Pezoldt stated D he was unaware of the City's decision to move the fire station and stated he had plans to develop the property for his personal benefit. Councilman Smith stated the City staff had sent him nu- merous letters concerning the relocation and received no reply. There was some question of where his (Mr. Pezoldt) permanent ad- dress was until it was finally determined to be in Colorado Springs. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Cou~cil. No one replied. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8 :45 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * • I • - • September 4, 1979 Page 15 • • • "ColllliUnications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) Minutes of the Water and Sewer Board regular meeting of July 24, 1979. Minutes of the Englewood Downtown Development Authority regular meeting of August 22, 1979. Minutes of the Election Commission meeting of August 29, 1979. Financial Report from January 1, 1979 through July 31, 1979. * * * * * * There were no "Cot1111Unications -Action Receommended" on the agenda. ORDINANCE NO. 39 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 34 SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, • • I . - • • September 4, 1979 Page 16 • • • DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. City Attorney Berardini stated the above matter involves the estate of Mr. John Merchison. Mr. Berardini stated the City has received letters from the corporation's attorney containing information that the co-executors of the estate have been assigned and are the wife and son. Mr. Berardini informed the Council that a similar 3.2% license was issued to the Colorado Pizza Corporation doing business as Mr. Gatti's in Arapahoe County and the State Liquor License De- partment found no objection to the issuance. COUNCILMAN WILLIAMS MOVED TO PASS RESOLUTION NO. 34, SERIES OF 1979. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 35 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 1979; CANCELLING THE RECALL ELECTION PRE- VIOUSLY ORDERED FOR SEPTEMBER 18, 1979 BY RESOLUTION NO. 30, SERIES OF 1979. City Attorney Berardini transmitted a "Certificate of Sufficiency" submitted by the City Clerk relative to the recall petition and setting a date for the recall election. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 35, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Giseburt, Smith, Harper, Clayton, Taylor. Council Member Williams. • ) D I • ~­- • • u ( • September 4, 1979 Page 17 Absent : • • • Council Member Mann. The Mayor declared the motion carried. '****** COUNCILMAN SMITH MOVED TO PASS A PROCLAMATION DECl.ARING SEPTEMBER 8, 1979, AS NATIONAL CANCER DAY. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini stated he was in the process of researching the request by Councilman Smith for a possible amend- ment to the uniform traffic code with reference to turning move- ments over double yellow lines. Mr. Berardini stated he had done some preliminary work with Captain Mull of the Englewood Police Department and requested additional time until the next regular Council meeting in order to be able to present a full report. Councilman Smith stated the report did not have to be submitted until all the proper research had been done. * * * * * * COUNCILMAN CLAYTON MOVED TO SET A PREBUDGET PUBLIC HEAR- ING ON SEPTEMBER 17, 1979, AT 7 :55P.M. AND TO SET THE PUBLIC HEAR- ING ON PROPOSED USES ON REVENUE SHARING FUNDS FOR 1980 ON SEPTEMBER 17, 1979, AT 8:00P.M. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent : Council Member Mann. The Mayor declared the motion carried. * * * * * * • - - I • / I • • I \. ')t;. vi n \ - 0 • • September 4, 1979 Page 18 • • • City Manager McCown reminded Council that on Saturday, September 8, 1979, will be a seminar for elected officials on cable television. Mr. McCown stated for those council members who wanted to attend to let his secretary, Pat Humphryes, know so. reservations can be made. * * * * * * City Manager McCown called attention to the new zoning map in the Council Chambers. Mr. McCown stated it was put to- gether by Mark Barber of the Community Department. MAYOR TAYLOR MOVED THAT A LETTER OF COMMENDATION BE SENT TO MR. MARK BARBER. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor made comments on the new Court/Council faci- lity; and requested that the air conditioning be checked and that Council consider the possibility of changing the bench seating since they appear to be unsatisfactory to some people. Councilman Smith suggested that the backs of the benches be replaced with wider boards. * * * * * * Mr. James Keller, Executive Director of the Englewood Downtown Development Authority, appeared before Council. Mr. Keller suggested that the benches be switched with the chairs and the benches then be used in the overflow reserve seating. Mr. Keller gave a report on the Authority's concerted effort to re-establish some type of downtown type of business association. Mr. Keller also reported that the Public Service wants to set up a meeting on the purchase of the building and parking lot. * * * * * * • D I • - • • ( • September 4, 1979 Page 19 ' I -· • -· • COUNCILMAN WILLIAMS MOVED TO DONATE $15,000 TO THE ENGLEWOOD HIGH SCHOOL BAND FOR THE ROSE BOWL PARADA IN PASADENA, CALIFORNIA. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Smith, Harper, Clayton, Taylor. Council Member Giseburt. Council Member Mann. The Mayor declared the motion carried. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting at 9:10 p.m. without a vote. D D~i(JJ~ I . • - • • &all W.L Moved Seconded -p-~ He Abstafn ~sent • I . • • • - • • - ROLL CALL Moved Seconded ~e ~ Absta n Abse~~t Cli.YtOn ~ I . • • - • ,. . I ,. - 'T7 : . 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Cluton -Mlnn -~ Ma.Yor Tay_:J_or - I . • • • - • .. • • ROLL CALL Absu tn Absent • • I . • • • • - • • ROLL CALL llf1118111s Aw Nly Abstltn Absent ~ !illftll ~ Clarton Mann l'll.vor Jay_l.Er • • I . . • • - • • • • • • ROLL CALL -An lllv Absufn Absent 1111111115 ~ -......... ~ -,__-::~~n~n -HarD;;" -CllrtOn -Mann I'IIYOr Tay_l_Er -- ~ W/S~ ~ f eHS ~J__ fnJ ~~ '-{)~ q .. !0 (f·ir)_ I . - ( • • ( • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL SEPTEMBER 4, 1979 7 :30P .M. Call to order, invocation by Pa!JI!BP 8lifford ~ampler, Glter;q• Hi 11 s Full ~upel Genter, 4869 South Clarkson it~ee~. pledge of allegiance by Boy Scout Troop #92, and roll call. 1 . Dedication . (a) Dedication of the new Council/Court Chambers. 2. Minutes. (a) Minutes of the regular meeting of August 20, 1979. (Copies enclosed.) J. Pre-Scheduled Visitors. Ms. Mary Joan Chik, representing St. Louis Church, Home and School, 3301/3310 South Sherman Street, will be present to request a date for a public hearing for a Special Events Permit to serve beer, wine and liquor at the annual fund raising program on October 21, 1979. (Copies enclosed.) (b) Mr. Douglas T. Sovern, Volunteer Chief or Mr. Paul Newport, Assistant Volunteer Chief, will be ~n present to request a date for a public hearing ~ \~--l\ for a Special Events License -beer, wine, liquor V\' S {l ~ for the annual Firemen's Ball on September 22, ~~~ ~ 1979 in the Blue Mall at Cinderella City. (Copies \ enclosed.) (c) Mr. Gary Diede, Director of Engineering Services, will be present to discuss the bid awards for Paving District #26 -South Side (Zuni Street from Dartmouth to Floyd Avenues), 1979 Sidewalk Repair Program, and the 1979 Seal Coat Project. (Copies enclosed.) I • - ( • • ( • • • • Page 2 September 4 , 1979 Agenda 4 Other Visitors. 5. Public Hearing. 6. Communications -No Action Recommended . (a) Minutes of the Water and Sewer Board regular meeting of July 24, 1979. (Copies enclosed .) (b) Minutes of the Englewood Downtown Development Authority regular meeting of August 22, 1979. (Copies enclosed.) (c) Minutes of the Election Commission meeting of August 29 , 1979 . (Copies enclosed .) (d) Financial Report from January 1 , 1979 through July 31, 1979 . (Copies enclosed .) 7 Communications -Action Recommended . 8. City Attorney. Ordinances on Final Reading. (a) Ordinance vacating a portion of that certain right-of-way in Hawthorn Subdivision on the west side of 3200 block of South Clarkson Street and retaining certain easements therein. (Copies enclosed.) Resolutions. (b) Resolution approving the application of Colorado Pizza Corporation, d/b/a Mr. Gatti's for a retail 3.27. beverage license for con- sumption on the premises to be located at (c) 225 East Jefferson Avenue, Englewood , Colorado . (Copies enclosed .) Resolution ordering a municipal recall election to be held on Tuesday, November 6, 1979 ; canceling the recall election previously ordered by Resolution No. 30, Series of 1979 , for September 18, 1979. (Copies enclosed .) • I • • - ( • • ( • • • • Page 3 September 4, 1979 Agenda 8. City Attorney (Continued). Proclamation. (d) Proclamation proclaU.ing September 8, 1979 as National Cancer Day. (Copies enclosed.) Other Matters. (e) Attorney's Choice. 9. City Manager. (a) (J· h. 'l-11-1q (b) Memorandum from the Director of Finance to the City Manager concerning setting public hearing dates for a pre-budget hearing and for the proposed uses of revenue sharing funds for 1980. (Copies enclosed .) Manager's Choice. 10. General Discussion. (a) Mayor's Choice. (b) Councilman's Choice. 11. Adjournment . • • I . • • • - Cily Council-Municipal Court Facilities Total Area 4514 s. F. Featuring: Electronic Voting Syst .. 4 Track Recording Syst .. Hidden Movie Screen Smoke Detection vith ~rgency Lighting Individualized Microphone Systaa Low-brightness Lighting Up-graded Sound Throuqhout-including Spectator Area Expandable Spectator Seating Area also Allowing multi-use of Area to Serve S..ller ea.-unity Meetings Total Project Cost Project Budget $ 152,800.00 $ 154,499.00 Dedicated Septe.bar 4, 1979 0 I • CITY COUNciL James L. Taylor, Mayor Councilmen David B. Clayton Vernon M. Mann Oliver Giseburt Donald W. Harper Donald L.R. Saith Donald w. Williaas Andy McCown, City Manager Bernard v. Berardini, City Attorney Louis Parkinson, Municipal Judqe • • - Garv R. Diede, Director of Enqineering Services • Architect Oliver and Hellgren, Architects (Kelly Oliver) Project Engineer Rick ICAhlll, Office Engineer Contractors General- Naranatha Construction Co.pany Subs- Electrical -Rll8 Electric RVAC -Denver Heating 5 Air Conditioning Plu.bing -Security Plumbing & Heating Ceiling -Acoustics Construction Floor Covering-Hi-Lo Tile Co., Inc. Drywall/Paint -Hurd Painting & Decorating Co. Folding Partition -Endres Sales Products Glass & Glazing -Lakewood Glass MaiiODry -Dathe M&aonry S.Oite Detection -G.B. Electric Carpeting -Interior Specialties Solmd,/Voting -Jen-'l'elco, Inc. RecordincJ -Lanier Business Products. Inc. Furniture -Business Interiors -Sedita Manufacturing 'l'elepbon.. -llorthern 'l'elec:o. - • • • • • CITY OF ENGLEWOOD, COLORADO • 0 0 • I . . - • • REGULAR MEETING: • • • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO August 20, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 20, 1979, at 7 :30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend James T. Smith, First Baptist Church, 3170 South Broadway. The Pledge of Al- legiance was led by Mayor James Taylor. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager McCown Assistant City Manager Curnes City Attorney Berardini Municipal Court Judge Parkinson Director of Parks and Recreation Romans Deputy City Clerk Watkins * * * * * * Municipal Court Judge Parkinson administered the oath of office to Mr. Oliver J. Giseburt, the newly appointed councilman representing Council District II. Council welcomed Mr. Giseburt as a new member. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF JULY 30, 1979, WITH THE FOLLOWING CORRECTION: ON PAGE 4, THE VOTE ON MAY BETH PATTERSON BE ADDED AS FOLLOWS: • I • - • • • August 30, 1979 Page 2 . · • • • MAY BETH PATTERSON: AYES: NAYS: NONE. COUNCIL MEMBERS WILLIAMS, SMITH, HARPER, CLAYTON, MANN, TAYLOR. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. Council Member Giseburt. The Mayor declared the motion carried. * * * * * * City Manager McCown noted a change in the minutes of the regular meeting of August 6, 1979. The chan§e is on page 21, first r,aragraph, second line. The word "Council' should be chang-ed to 'Chief Administrative officer". COUNCILMAN MANN MOVED TO APPROVE THE MINUTES OF THE RE- GULAR MEETING OF AUGUST 6, 1979, AS AMENDED. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. Nays: None. Abstain: Council Member Giseburt. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF AUGUST 13, 1979. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Smith, Harper, Clayton, Mann, Taylor. None. • I • - • • • August 20, 1979 Page 3 Abstain: • • ,· • Council Member Giseburt. The Mayor declared the motion carried. * * * * * * Mr. Ron Parness, owner of Glass Bottles Liquors, 336 West Hampden Avenue, was present and requested a permit to en- large/modify/expand his business premises. COUNCILMAN MANN MOVED TO APPROVE THE APPLICATION FOR MR. RONALD PARNESS, GLASS BOTTLE LIQUORS, 336 WEST HAMPDEN AVENUE, ENGLEWOOD. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mr. Marty Herzog, 2317 Vine Street, Denver, was present. Mr. Herzog stated he was the owner of P~rk & Shop lot and requested an extension of the lease of the Park & Shop which currently has 17 years to run for another additional three years. Mr. Herzog stated the extension will enable him to better negotiate lease con-tracts with tenants. COUNCILMAN WILLIAMS MOVED TO GRANT THE EXTENSION OF THREE YEARS FOR WHICH MR. HERZOG IS ASKING. Councilman Giseburt seconded the motion. Councilman Smith stated the topic of extending leases has been discussed several times before. Mr. Smith stated the City is obligated by law not to negotiate a lease for over 20 years. Mr. Smith stated extending leases could turn into per- petuity and if Council extends leases every three to four years with 17 or 16 years remaining, in essence, is increasing a 20- year lease to perpetuity because every few years, a new Council is coming in and increasing the lease. Council discussed at length the issue of extending the lease as requested by Mr. Herzog, what problems he might have in negotiating contracts, what plans he has for upgrading the pro- perty, and what plans the Downtown Development Authority might have for this area • I • - • • • August 20, 1979 Page 4 : • • • Upon a call of the roll, the vote on Councilman Williams's motion resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Mann. Council Members Harper, Clayton, Taylor. The Mayor declared the motion carried. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak. Hs. Louise March, 3141 South Santa Fe Drive 128, Elm Trailer Court, appeared before Council. Hs. March discussed the odor emitted from the Wastewater Treatment Plant located near the trailer court. Hs. March stated the odor has been very bad the last two weeks and asked what had happened since the odor had once been subdued. City Manager McCown stated sludge was backing up and the engineers were called out today to correct the problem. Mayor Taylor thanked Hs. March for coming to the meeting. Mayor Taylor stated Council has been told in a joint-meeting with the Littleton City Council that the odor was going to be elimi- nated completely. Mayor Taylor stated they had informed the en- gineers that if it was not, someone was going to have a lawsuit on their hands. Mayor Taylor stated she should not have to live under such conditions. * * * * * * Hr. Paul Newport, 2974 West Chenango, representing the Englewood Volunteer Fire Department, appeared before Council. Hr. Newport submitted an application for a special events permit for the Volunteer Firemen's Ball to be held on September 22, 1979, to the Clerk. Mayor Taylor stated Council would act on the application in the normal course. * * * * * * Hr. Maurice Merlin, 3688 South Sherman, appeared before Council. Hr. Merlin commented on the benches in the council cham- bers as being uncomfortable and hard to sit on. Hr. Merlin asked Council members Mann, Clayton, and Williams to sit on the benches • I • - • • • August 20, 1979 Page 5 .. • • • Hr. Merlin suggested that the benches be replaced by chairs and he also commented on disliking the color of the furniture. * * * * * * Mrs. Myrtle Jones, 5020 South Washington, appeared be- fore Council. Mrs. Jones stated more study should be done on the recommendation for the playground with no bathroom facilities at Duncan Park. Mrs. Jones stated bathroom facilities should have first priority. * * * * * * Hr. Buddy Clark, 3141 South Santa Fe Drive, appeared be- fore Council and stated his feelings on what a good place Englewood is to live. * * * * * * Mayor Taylor asked if there were any other visitors in the audience wishing to speak to Council on any matters. No one responded. * * * * * * "CoDIDUnications -No Action Recommended" on the agenda were received: (a) (b) (c) (d) (e) (f) (g) Minutes of the Board of Career Service Com- missioners meetings of June 28 and July 19, 1979. Mintues of the Board of Adjustment and Ap- peals meeting of July 11, 1979. Mintues of the Denver Regional Council of Governments meeting of July 18, 1979. Minutes of the Election Commission meetings of August 2 and August 6, 1979 • Mintues of the Englewood Downtown Development Authority meeting of August 8, 1979. Minutes of the Parks and Recreation Commis- sion meeting of August 9, 1979. Minutes of the Animal Control Committee meet- ing of August 13, 1979 • I • - • • • Augu st 20, 1979 Page 6 (h) (i) • • • Memorandum from the Municipal Court Judge to the Mayor and Members of City Council concerning the activi ty report for the month of July, 1979. Memorandum from the Director of Community Development to the City Manager concerning a complaint from Mr. C. A. Brown. Councilman Smith asked if Mr. Brown was present. He wa s not present. City Manager McCown stated a copy of the memorandum was sent to Mr. Brown. * * * * * * City Manager McCown presented liquor lice.1s e rt!newal re-quests from the following businesses: TYPE OF LICENSE Hotel/Restaurant 3.2 Beer -On Premises Retail Liquor Store NAME OF BUSINESS The Waldorf 4595 South Santa Fe Drive Shakey's Pizza Parlor 3281 South Santa Fe Drive Liquor Barn Ltd. 4415 South Broadway COUNCILMAN MANN MOVED TO APPROVE THE RENEWAL REQUEST FOR A HOTEL/RESTAURANT LIQUOR LICENSE FOR THE WALDORF, 4595 SOUTH SANTA FE DRIVE. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Giseburt, Sm i th, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried • COUNCILMAN CLAYTON MOVED TO APPROVE THE RENEWAL REQUEST FOR A 3.2 BEER LICENSE-ON PREMISES FOR SHAKEY'S PIZZA PARLOR, 3281 SOUTH SANTA FE DRIVE. Councilman Williams seconded the mo - tion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. I .. (~ • • • August 20, 1979 Page 7 • • • The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO APPROVE THE REQUEST FOR A RETAIL LIQUOR STORE LICENSE FOR THE LIQUOR BARN LTD., 4415 SOUTH BROADWAY. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown presented a recommendation from the Englewood Public Library Board requesting approval of the letters of agreement with the Central Colorado Library System -one for October 1, 1979 through December 31, 1979 and the second one for January 1, 1980 through September 30, 1980. COUNCILMAN CLAYTON MOVED FOR PASSAGE OF THE LETTERS OF AGREEMENT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown asked Director of Parks and Recre- ation Romans to discuss the next agenda item -the recommendation from the Parks and Recreation Commission concerning the improve-ments to Duncan Park • Director Romans discussed the improvements set out in an immediate plan and those under a long-range plan. The immedi- ate plan calls for play apparatus area, all-purpose court, and additional landscaping. The long-range plan calls for an outside rest room and a shelter addition two to three years after the immediate plan is completed. Mr. Romans stated the conclusion and recommendation from the Commission is that the City Council place funds for improvements to Duncan Park in the six-quarter budget. • I • • • • August 20, 1979 Page 8 • • • Council discussed the need for rest room facilities at Duncan Park and the types of renovation that would be done for these facilities. COUNCILMAN SMITH MOVED TO DISCUSS THIS ITEM AT BUDGET TIME. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Williams. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 8:30 p.m. The Council reconvened at 8:45 p.m. Mayor Taylor asked for a roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. ORDINANCE NO. 36 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 30 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE AMENDING SUBSECTIONS a. AND b. OF SECTION 22.7-7 (SIGN CODE) OF THE CITY COMPREHENSIVE ZONING ORDINANCE (ORO. NO. 26, SERIES 1963, AS AMENDED) BY ADDING NEW SUBSECTIONS THERETO AUTHORIZING THE PLACING OF POLITICAL SIGNS IN CERTAIN RESIDENTIAL ZONED DISTRICTS. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 30, SERIES OF 1979 ON FINAL READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays : Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. • I . - • • • August 20, 1979 Page 9 • • • The Mayor declared the motion carried. ORDINANCE NO. 37 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 34 INTRODUCED BY COUNCILMAN SMITH AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6, 1979, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REMOVING THE FOLLOWING REQUIREMENTS: THAT MEMBERS OF THE BOARD OF ADJUSTMENT AND APPEALS BE TAX-PAYING ELECTORS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 34, SERIES OF 1979 ON FINAL READING. Councilman Harper seconded the motion. Council discussed this bill at length. Councilman Williams stated it contained provisions that contradicted each other regard- ing residency and qualified elector requirements; however, he agreed that a citizen should be a resident for at least a year before be-ing appointed to the Board. Councilman Giseburt spoke against striking the tax-payer qualification. Councilman Clayton agreed with Mr. Giseburt's argu-ments. Councilman Smith stated forcing a citizen to be a pro- perty owner in order to be considered for appointment to the board is wrong. Councilman Mann stated the final decision will be made at election time when the question is placed on the ballot. City Attorney Berardini noted that the trend is to do away with this law, whether the citizen is a tax-paying elector or not makes no difference in regard to service on the board and for the City. Upon a call of the roll, the vote to pass Council Bill No. 34, Series of 1979 on final reading resulted as follows: Ayes: Nays : Council Members Williams, Smith, Harper, Mann, Taylor. Council Members Giseburt, Clayton. I • - • • • August 20, 1979 Page 10 • • • The Mayor declared the motion carried. ORDINANCE NO. 38 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 39 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CONCERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGHWAYS WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 39, SERIES OF 1979 ON FINAL READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried, ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN • COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1979 ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor • None. • I . • ' . August 20, 1979 Page ll • • • The Mayor declared the motion carried. RESOLUTION NO. SERIES OF 1979 * * * * * * A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. In a response to a question from the Council, City At- torney Berardini stated he had not received any information on the estate of Mr. Merchison which was discussed at the public hear-ing on August 13, 1979. COUNCILMAN MANN MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. RESOLUTION NO. 32 SERIES OF 1979 * * * * * * A RESOLUTION AMENDING RESOLUTION NO. 18 CORRECTING THE LEGAL DE- SCRIPTION OF THE PROPOSED DRAINAGE EASEMENT TO BE ACQUIRED BY PUR- CHASE OR CONDEMNATION FOR A WATER STORAGE FACILITY AND APPURTENANCES. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 32, SERIES OF 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried • * * * * * * I . - • • August 20, 1979 Page 12 RESOLUTION NO. 33 SERIES OF 1979 ,· • • • A RESOLUTION AMENDING RESOLUTION NO. 20, ADOPTED AND APPROVED ON THE 7TH DAY OF MAY, 1979, AUTHORIZING FULL PAYMENT TO THE OWNER OR OCCUPANT OF RESIDENTIAL PROPERTY WHO BECAME LIABLE FOR AND PAID TO THAW FROZEN WATER SERVICE LINES. COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 33, SERIES OF 1979. Councilman Smith seconded the motion. Councilman Mann stated the previous resolution was dis- criminatory on the basis of requiring applicants to reveal their income before receiving any reimbursement on the costs to thaw . frozen water lines last winter. Mr. Mann suggested that the dead- line date be September 30, 1979. Councilman Smith spoke against extending the deadline to September 30, 1979 and spoke in favor of offering 1001. reimburse- ment to those people who had put in their claims under the previous legislation (Resolution No. 20, Series of 1979). COUNCILMAN SMITH MOVED TO AMEND THE MOTION BY LEAVING THE DEADLINE DATE TO JULY 31, 1979; THEREBY COMPENSATING THOSE WHO HAD FILED. Motion died for lack of a second. Council discussed the resolution at length regarding a possible court case rising out of the resolution's defeat, the unknown consequences in passing it, the agrument whether the legis- lation is discriminatory or not, and opening the deadline to the 30th of September. COUNCILMAN MANN MOVED TO POSTPONE RESOLUTION NO. 33, SERIES OF 1979 TO THE NEXT REGULAR COUNCIL MEETING. Councilman Smith seconded the motion. Upon a call of the roll, the vote re-sulted as follows: Ayes : Nays: Council Members Smith, Mann. Council Members Williams, Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass Resolution No. 33, Series of 1979, resulted as follows: Ayes: Council Members Smith, Mann. I . - • • --~-... • August 20, 1979 Page 13 Nays: • • • Council Members Williams , Giseburt, Harper, Clayton, Taylor. The Mayor declared the motion defeated. * * * * * * City Attorney Berardini discussed the postponement of a resolution ordering a municipal recall election to be held Tues- day, November 6, 1979; and canceling the recall election previously ordered by Resolution No. 30, Series of 1979, for September 18, 1979. The purpose of postponement would allow any protests to be filed in the interim period of receipt and certification of the petitions to Council. COUNCILMAN SMITH MOVED TO POSTPONE THE RESOLUTION UNTIL THE NEXT REGULAR COUNCIL MEETING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes : Nays: Council Members Williams, Giseburt, Harper, Smith , Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the contract between the City of Englewood and the Department of Housing and Urban Develop- ment for a Community Development Block Grant for housing rehabili- tation in the amount of $226,000. COUNCILMAN CLAYTON MOVED TO AUTHORIZE THE CITY MANAGER TO SIGN THE CONTRACT. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows : Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton , Mann, Taylor • None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed a contract between the City of Englewood and Peat, Harwick & Mitchell as the firm to perform the annual audit for the years 1979 and 1980. • I • - • • • August 20, 1979 Page 14 • • • COUNCILMAN SMITH MOVED TO AUTHORIZE THE MAYOR TO SIGN THE CONTRACT WITH PEAT, MARWICK, MITCHELL FOR THE REVISED CON- TRACT FOR THE YEARS 1979 AND 1980. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol-lows: Ayes: Nays: Council Members Williams, Giseburt, Harper, Smith, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * City Manager McCown discussed the Regional Housing Op- portunity Plan and projects that might qualify the City to re- ceive additional funding. Mr. McCown recommended certain pro- jects that could be submitted as an addendum to the community development block grant. COUNCILMAN SMITH MOVED TO ALLOW THE COMMUNITY DEVELOP-MENT TO SUBMIT A NEW GRANT APPLICATION FOR FULL FUNDING FOR THE THREE FOLLOWING PRIORITIES: 1. FULL FUNDING FOR $600,000 FOR THE PURCHASE OF EAST GIRARD AND SOUTH LINCOLN 2. TWO-THIRDS FUNDING FOR $400,000 FOR THE LAND ONLY FOR THE SEN ION APARTMENTS. 3. ONE-FIFTH FUNDING FOR $100,000 FOR FIVE DUPLEX UNITS. Councilman Mann seconded the motion. Council discussed the funding and the priority given to the projects • Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Smith, Harper, Clayton, Mann, Taylor. Council Members Williams, Giseburt. The Mayor declared the motion carried. * * * * * * • I . - • • August 20, 1979 Page 15 • • • City Manager McCown discussed the sewer plant and the alternatives in order to handle the capacity at which the City is presently allowed to use. Hr. McCown stated the City is using its total capacity that is available in the current plant. The expansion of the plant can not be accomplished until 1984. The alternatives are: l) calling a halt to further issuance of taps in the drainage basin; 2) reactivating a portion of the old plant which can be done by 1981 and will allow the City to continue to issue taps. COUNCILMAN SMITH MOVED TO ALLOW CITY MANAGER MCCOWN TO DIRECT THE CITY STAFF TO PROCEED WITH PRELIMINARY ACTIONS NECES- SARY TO REACTIVATE THE NORTH PORTION OF THE OLD SEWER PLANT AND FOR THE EXPANSION OF THE NEW PLANT. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. Mayor Taylor made comments that he was looking forward to the engineers living up to their promise that there would be no odor from the plant. Mayor Taylor discussed the possibility of a law suit if the odor continued. COUNCILMAN MANN MOVED THAT MAYOR TAYLOR'S COMMENTS VERBATIM BE SENT IN A LETTER TO HDR AND TO LITTLETON CITY COUN- CIL AND ANY OTHER INTERESTED PARTIES THAT ·ARE CONNECTED TO THE SEWER PLANT. Councilman Giseburt seconded the motion. Ayes: Council Members Williams, Giseburt, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Manager McCown requested that Assistant City Manager Curnes be allowed to attend the ICMA Conference this year in Phoenix, Arizona. Mr. Curnes's trip is budgeted for next year, but he would prefer going to a closer conference rather than attend the one in New York next year and avoid spending additional travel money. Hr. McCown also requested that Administrative Assistant Hugh Brown be allowed to go the conference. Hr. McCown recommended that the City pay $400 towards Hr. Brown's trip if the Assistant's Association pays $100 and if Hr. Brown's pays any additional expenses. I • - • • • August 20, 1979 Page 16 • • • COUNCILMAN SMITH MOVED TO APPROVE THE CITY MANAGER'S RECOMMENDATION. Councilman Harper seconded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Clayton, Taylor. Smith, Harper, Nays: Council Members Giseburt, Mann. The Mayor declared the motion carried. * * * * * * City Manager McCown distributed the agenda for the next Downtown Development Authority meeting. Mr. McCown stated Mr. Keller suggested that the meet- ing on Monday be held at 5:30 p.m. in Mr. Keller's office in the Murphy " Building. * * * * * * City Manager McCown asked for comments on the new Coun-~il communication forms that were used for this meeting. Council recommended that the new forms be continued for two more weeks. * * * * * * Council discussed whether or not to establish a "No Smoking" rule to be enforced during Council meetings. The matter is to be discussed further at a study session. * * * * * * Councilman Williams asked that the matter of salaries for next year for the City Manager, City Attorney and the Munic- ipal Court Judge be brought up at the next study session • * * * * * * Councilman Smith requested the City Attorney to look into a change in the uniform traffic code as it relates to the crossing of double yellow lines. * * * * * * Councilman Clayton asked the City Manager if he has issued an administrative moratorium on additional sewer taps • I • - August 20, 1979 Page 17 ,· • • • City Manager McCown replied there has been no official action taken at this time. * * * * * * Councilman Clayton requested that a list of out-of-town trips for the next twelve month period be prepared and reviewed at the upcoming budget session. Mr. Clayton stated the reason would be for the purposes of possibly revising the out-of-town trip policy. Councilman Smith suggested that the list be for the calendar year. Councilman Clayton stated he had no objections to the list being for the calendar year; however, what was planned for the next 90 days. Councilman Smith stated that information should be in the budget. * * * * * * There was no further business to be discussed. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE MEETING. Mayor Taylor adjourned the meeting without a vote at 10:15 p.m. • I • • - • • • • . · • C 0 U N C I L C 0 M M U N I C A T I 0 N • •• ~. DATE AGENDA ITEM SUBJE'CT Special Events License-Beer,Wine,& Liquor St. Louis Church Home and School September 4, 1979 Visitors 3301/3310 S. Sherman St. INITIATED BY City Clerk ACTION PROPOSED Set a public hearing date. • Recommended date is September 17, 1979 INTRODUCTION The St Louis CHurch Home and School, 3301/3310 S. Sherman, Englewood, Colorado is holding its annual fund raising program on October 21,1g79 from 12:00 Noon to 8:00 P.M. The organization is requesting that the Englewood City Council, the local licensing authority, recommend the approval of a Special Events Permit to serve beer, wine, and liquor at this affair. BACKGROUND In recent years the organization has had a yearly fund raising event. City Council and the State of Colorado Liquor Enforcement Division have approved the sale of beer, wine, and liquor at these events in past years. CONCLUSIONS AND RECOMMENDATIONS The City Council should receive the application submitted to the City Clerk's office on August 21, 1979. Council should set a public hearing date in order to comply with the provisions of Title 12, Article 48, Colorado Revised Statutes, 1973 as amended. The earliest date that a public hearing could be held is September 17, 1979. Mary Joan Chik t will represent the organization. I . • - • • • • SUGGESTED ACTION: • I MOVED BY • • f SECOND I YES NO ABSENT • • - • • (I • -· : • DRL 439 (A ... t0/771 STATE OF COLORADO DEPAITMINT OF IEVENUE APPLICATIOfl FOR SPECIAL EVENTS PERMIT Do N o t Wr ite in Th is Soace LIQUOR ENFOR CEMENT OFFI CER 'S ACTION A ... ROVE D ------::O-at_e _____ _ D I SAPPRO VED ____ 0 :-.-,-.----- INSTRUCTIONS AnA~~~er aU questions on this application, then get the ~oval of yowr loc:at lteeMtftl.,thortty t .. a.t page) and also the approval of your Colo· redo I ~ enforc:etMnt officer. Then meil thiS completed application witt't prGPI'f leo to ttw Colo<-o...r-t of,._, State Capitol Annex Building, t375 _._.. St_,, o.nw.. Colcw-. 10211t . Telephone (3031838-374t . Lleen.-Telephone Number NO "'"MIT WILL U GfiANTED UNTIL THIS APPLICATION HAS BEEN A-OVEO IV YOUft LOC:AL LICENSING AUTHOR ITY AND YOUR LIOUOI' ENFORCEMENT OFFICER ' Col.,_ foot oro : 3.2% _,-StO.DO-dey ; -·Wine..., Liquor -$25.00-cley . Your locollicensong euthortty .. u tndlea'te tN .mount of m.tr f•. All A ns~Wt"rs Mull ~Printed in lnlf or Trpt k •rit u n Whlltype of per m it are you apply ing for ? 0 3.2% Beer IJ Beer , Wine and Liquor Sehevl 7 8 1-3678 R~ct"rv-761-3940 1. Appl icant St. Leu1a Chureh ~·~• ~ Seheel Telephone Number 2. Trade Name (ifanyl----------------------------------------- 3 . Address _ _.3 .. 3""-"0"'t"'/.._..3,.3._t....,.O....._.s,.· ... _s,.~llohu•a.r .... !!I.I-P..____ City Ep l I • u w flIt County .i rill b g • Colorado. 4 . Address of place to have tempotary permit. (EXACT LOCATION OF PREMISES MUST BE GIVEN .I Give street and number if possi bl e. If place is located in a town or rural district where it is impossible to give street and number , the lot and block number o r part o f sec tion where located must be given. 33nt S Sber2ap ard Pariah Cegter-a3tn S ljpcaln City or Town County ....... A~Ur_,t,_t"'J-"h'-',.,_•,._ ___________ Colorado . 6 . The EXACT date(sl lor which application is being made for permit (no more than two days): ·From Q•t 21 I l9I9 ~ 2" (lUaeua to Dote Hour Q•t 0:,!• 1()79 W•OO V.ll Hour From to Do to Hour Dot• Hou r 6. Do you have legal possession of the premises for which th is appl icat ion is made? _____ _,Y:.._:e_a:...._ _________ _ 7 . Is appl icant organ ization incorporated under the laws of th is state for purposes of a social , fraternal , patriotic, po lit ical , or athlet ic nature, not for pecuniary gain ; or is it a regularly chartered branch, lodge, or chapter of a national organization or society organized for such purposes, being non·profit in nature ; or is it a religious or philanthropic i ~st i tut i on ? [i! Yes 0 No 8 . If the appl icant is an organizat ion incorporated in this state fo r "non·pecuniarv" (non-profit) purposes , answer (a). (b l and (c). (al Organized under the laws of the State of C9l '• Pariah W3.C !tuprit<bate in l!Hl (b) Pr incipal business is conducted at _;:.3..:.;~:..:1:..C:..)-=S;.:•__;S=h.;:fll:..:r:..:I~::.;"'::.Il::,_ _____ • Countv (c) Complete the following in detail : TIT E NAME HOME ADDRESS CI TV. STATE IIATH DATE PRESIDENT Kat!tltf!n Bell ~1 8 8 s. OliTC Denver C'eJt lF,.7t·:> I -·· VICE ·PRES . AJlll Blhil 4174 s. 11 uin'lt Dl'l'lYer, Cele. :!.0/:::: !. TREASURER IIJ Lll.._...t •U72 s. llli•• DellYer, r.eh !J/1/40 SECRETARY G•yaell Vanl'uhl• l&f\5 s. Ch "-'" laO..ewttd, c., 1/5/46 MANAGER Mtry J•aa ObilL 3110 ~. Del••• .. Ea&l ewe c-d, C !D.t/29/5 San~r• Frtt1 368Q s. PtD~iat Deaver Qelo. 9/19/42 9. Are the existing licensed facilities of applicant organization i nd~uate lor;.prving members or guest of the organizat•on by reason of the nature of the special event which is scheduled? 0 Yes ~ No • • I • - • • • • 10. Are the premiws for which application is made now licensed under the State liquor Law or the 3 .2% Beer Act ? 0 Yes Gl No If yes. to whom is the license issued? ---------------------Stlte License Number 11 . HIS lnY special -ts permit been issued to you within the current calendar year? 0 Yes !J No If yes , for'-m~ny days7 County of Arepb·e ] ss. STATE OF COLORADO h•r•elf ~h• end K• t,hx It II , beill!l by me first duly sWOtn, if fer ...... deposes and says; that Itt os the applo - Cint lbove named; or that IJWt Pres 1 ·IPU t. of the above named corporation; thatit4tlas read the foregoing application~ tha~ flnows the contents thereof, and that all matters end things therein set forth are true of ~~otn know- ledgl, end~ .lees to conform to all rules and regulations promulpted by the DEPARTMENT OF REVENUE IN COioNECTION THEREWITH . " St. Leui• Chureh H••• ~ad Cor-• .. Ha-S•he•I 'K$l...;,.. ~. 'W) President Of Slleretarv INSTRUCTIONS: If .. ...-.. --n a city or-· the_ .. ---ldbe ...... by theM.vor-O.rk . If the--.. -in • -· 1Nn 11111---.cl be....,_ by the a..;._, of the '-d of County Colluoti-••-the Cieri< to 1M loard. If, bv --or--· the -~--.-ity •--official,-....,---.c1 be...,_ by...., offocial . IIII'CMT AIIID AI'PIIOVAL OF LOCAL LICSIIIIIII AUTMalltTY The foregoif1!1 application has been examined and the premises. business conducted and charKWr of the applicant is satisfactory, and we do report tNt such permit, if •1nted, will comply with the provision of Title 12, Artide 48. C .R .S . 1973, IS amended . Therefore the forevoing 8pplication is hereby IPI)roved . DATED AT ---------THIS ---------DAY OF ----------, A .D . 19 ---. NAME OF TOWN, CITY OA COUNTY BY ATTEST : Mayor or Cft•lrtnen of -.rca of County Commlulonen .., Title of~ ~ne Autftorltv C*k 01 ~ or OttMr Office Havlne Offlelel SNI of t,. ~ne AutftO<Itv • - • • • • • • • • ) B C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM September 4, 1979 Visitors SUBJE~T-Special Events license-Beer,Wine,Liquor Englewood Volunteer Fire Department for 701 W. Hampden (Cinderella City-Blue Mall) INITIATED BY City Clerk ACTION PROPOSED Set a publjc hearing date Recommended date is September 17, 1979 INTRODUCTION The Englewood Volunteer Fire Department (EVFD) is holding its annual Firemen's Ball on September 22, 1979 (B:30 P.M.) to September 23, 1979 (1:00 A.M.) at 701 W. Hampden Ave., Englewood, COlorado (Cinderella City-Blue Mall) The EVFD is requesting that the Englewood City Council, the local licensing authority, recommend approval of a Special Events Permit to serve beer, wine, and liquor at this affair. BACKGROUND In order to raise money for its operation the EVFD has a Firemen's Ball each year. In recent years they have been holding the event in the Blue Mall of Cinderella City. The Englewood City Council and the State of Colorado liquor Enforcement Division has approved the sale of beer , wine, and liquor at these functions in past years. CONCLUSIONS AND RECOMMENDATIONS The City Council should receive the application submitted to the City Clerk's office on August 20, 1979 . Council should set a public hearing date in order to comply with the provisions of Title 12, Article 4B of the Colorado State Statutes, 1973 as amended. The earliest date that a public hearing could be held is September 17, 1979. Douglas T. Sovern or Paul Newport will represent the organization. I . • - • r : • - SUGGESTED ACTION: I • • • - • • • • • ,ORL439 (Rev . 10/771 STATE OF COLORADO DEPARTMENT OF REVENUE APPLICATION FOR SPECIAL EVENTS PERMIT Do N o t Write i n This Soace LIQUOR ENFORCEMENT OFFI CER'S ACTION APPROVED --------------------------Da te DISAPPROVED ----------------------- Date INSTRUCTIONS: Answer all questions on th•sepplication, then get the approval of your local hcensing euthority ( ... IMt pege) and also the ~oval of your Colo· r8do liquor enforce.,.,, officer . Then mail this completed lll)pliation with proper fee to the Color8do ()epartnwnt of Revenue, State Capitol Annex Building, 1375 Sherm1n Stroot, De.._, Colorodo, 80261 . Telephone (3031839-3741 . L.leansee Telephone Number Officer 's Sign•ture NO PERMIT WILL BE GRANTED UNTIL THIS APPLICATION HAS BEEN API'ROVED BY YOUR LOCAL LICENSING AUTHORITY AND YOUR LIQUOR ENFORCEMENT OFFICER' Colorodo fon are : 3 .2% Boer -$10.00 per cloy ; Beer, Wine ond Liquor -$25.00 per day . Your local l icens ing authority w•ll indicate the amount of their fee . All A m Wf'rS MuH Br Pri nted i n In k o r Tv pe wri tten What type of permit are you applying for? 0 3.2% Beer 00 Beer, Wine and Liquor l . Appl icant Englewood Vo I unteer Fire Department Telephone Number 781-3879 or 794-4507 2. Trade Name (if anyi_...;N"'/'-'A;.;.,. ________________________________ _ 3. Addre•• --~5~9uO~E-.~Ouu~i~nuc~y~A~vue~--------------City Englewood County Arapahoe Colorado. 4 . Addre« of place to have temporary permit . (EXACT LOCATION OF PREMISES MUST BE GIVEN.) Give <treet and number if po«ible. 5. If place i< located in a town or rural di<trict where it i< impo«ible to give <treet and number, the lot and block number or part of <ection where located must be given . 701 W Hampden Ave (Cjnderella Cjty-Blye Kalil City or Town Englewood County Arapahoe Colorado. The EX,..CT date(5l for which application i< bein!JAVade~rmit (no more than two day<l : ,.~o..,..,. ... From S•pt:::t)er 22' 1979 !:!!' p m to __ .. s .. e"4p,..._t.,emh ...... -=-:£!:-:-:t~?..ll'--''"9;u7.;~9L---------:~'::o"'·UO~r"'O'-"a ...... mu-. ______ __ From---------.oa~,.~--------------:H~o~u~,---------tO-----------.Da~t~.------------------:H~o~u~r--------------- 6 . Do you have legal po<<e«ion of the premi<e< for which thi< appl ication i< made? --..1.11.$.------------------------------- 7 . I< applicant organ i zation incorporated under the law< of thi < state for purpo<e< of a <ocial , fraternal, patriotic, political , or athlet ic nature, not for pecun iary gain ; or i < it a regularly chartered branch, lodge, or chapter of a national organization or <ociety organized for <uch purpo<e<. being non-profit in nature; or i< it a religiou< or philanthropic in<titution? CXJ Ye< 0 No 8. If the appl icant i< an organizat ion incorporated in th i< <tate for "non-pecuniary " (non -profit! purpo<e<, an<wer (al , (bland lei. I a I Organized under the law< of the State of ---=C.:::o;..:lc;:o:,;r:..;a=d.:::o'------------------Date 1908 (b l Pr inci pal bu<ine« i< condu cted at 590 E. Quincy Ave, Eng I ewood • County Arapahoe lei Complete the following in detai l : TIT .E NAME HOME ADDRESS CITY&. STATE .IRTH DATE PRESIDENT Douq)as T. Sovern 28ol So. Ogden Englewood, CO 3-29-44 VICE·PRES . p,. .t "'"~"'"" ... 70711. 1.1 r, l'n ,), onr.rl rn h-I.-7Q TREASURER Donald c: .. .,...,...,,. 47'i0 So lioan En a I ewoo~ CO 6-n-l4 · SECRETARY ... ,J T· . .. ~~1..~ c:. .. l'n .. l. .nnr~ rn R-ln-h.R MANAGER I • - • • • • . · • 10. Are the premises for which application is made now licensed under the State Liquor Law or the 3 .2% Bee r Act ? 0 Yes l]g No If yes, to whom is the license issued? (_ State License Number • 11 . Has any special events permit been issued to you within the current calendar year? 0 Yes No If yes, for how many days? STATE OF COLORADO County of Arapahoe and Pau I Newport J Englewood Volunteer Fire Department ss . , being by me first duly sworn, if ft'r htmself . deposes and says ; that he is the applt · cant above named; or that he is n.P"'Y Chjpf of the above named corporation; that he has read the foregoing application and that he knows the contents thereof, and that all matters and things therein set forth are true of h is own koow· ledge, and he agrees to conform to all rules and regulations promulgated by the DEPARTMENT OF REVENUE IN CONNECTION THEREWITH. SUBSCRIBED AND SWORN TO BEFORE ME THIS Englewood Volunteer Fire Dept. Corpor1te N1me c3.J~!z~* President or Secret,uy ~;r~ OAVOF Slon1ture of NotlrY Public (Attv.h S6ot)MV CO!I.1MIS!>ION EXPIRES /L>-7-L/ INSTRUCTIONS: If the~ .,.loc.ted within 1 c ity or town, the -.JPrOYII shown below should be signed by the M1yor end Clerk . If the premises are loc.ted in 1 county. then thitiPPf'ovallhould be stgned by the Chairmen of the Boerd of County Comm1ssioners .,~ the Clerk to the Board. If. b 1 ordinence or otherwiM. the locellicenting •thority is some other offieiat. then such IPP'OVII should be signed by such offici II . REI'OAT AND APPROVAL OF LOCAL LICENSING AUTHORITY The foregoing application has been examined and the premises, business conducted and character of the applicant is satisfactory. and we do report that sud• permit, if granted, will comply with the provision of Title 12, Article 48, C.R .S . 1973, as amended . Therefore the foregoing application is hereby approved . DATED AT THIS NAME OF TOWN , CITY OR COUNTY BY ATTEST : DAY OF ------------,A .D .19--- M•yor or Ch•lrm•n of BCMrd of County Commissioners or T I tie of Other Licensing Authori ty Clerk or Secret•ry or Other Office H•vlnt O f flel•l Sql of the Llcenslnt Authority I • • - • • • • .. • < ' C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 8/29/79 AGENDA ITEM 3C SUB.JE'CT PAVING DISTRICT NO. 26 (South) -----------~------~--------------------------~ ( I • INITIATED BY Engineering Services Department ACTION PROPOSED Award of Construction Contract for Paving District No 26 (South) . INTRODUCTION: On April 2, 1979, City Council passed Ordinance 14, Series 1979, creati ng Paving District No. 26 (South);South Zuni Street from West Dartmouth Avenue to West Floyd Avenue. The City of Sheridan is participating financially in this project, with responsibility for all construction falling within their corporate boundaries. Englewood and Sheridan have entered into contract regarding Sheridan's financial commitment to this project. FINANCIAL DETAILS: As with all Paving Districts, owners of private property will be assessed for improvement constructed adjacent to their property. The City will pay for improvements in the intersections and the storm drainage piping. The City of Sheridan will pay for all work within their City limits. The following is a breakdown of the estimated expenditures and funding. Estimated expend i tures Construction (per bid) $ Contingency (5%) Engineering & Surveying Assessment costs 87,956.50 "4, 500 .00 8,795.50 10,748.00 Total $112,000.00 Funding City of Sheridan $ 43,000 Assessment(Englewood)59,000 City of Englewood 10,000 Total $ 112,000 The present budget for PDI26 for both the north section (Zuni- Dartmouth to Yale) and south section (Zuni-Dartmouth to Floyd) is $50,000. We are anticipating bonding the assessable Englewood costs for this south section of Paving District 126 the first part of 1980 along with the north section (Zuni-Dartmouth to Yale) and possibly Clarkson Street to minimize bonding fees and obtain the best possible bond interest rate . • I • - • • • • • • RECOMMENDATION: Two bids were received for the construction of Paving District 126, South (Zuni Street Dartmouth Ave to Floyd Ave)as follows: Bituminous Roadways of Colorado, Inc . Peter Kiewit Sons, Co. Engineer's estimate $ 108,185.10 87,956.50 98,587.00 We recommend that the construction of Paving District 126 South be awarded to the low bidder, Peter Kiewit Sons, Co.,in the amount of $87,956.50 and that the project be funded for Englewood's total share of $69,000 as follows: $ 50,000 present budget PDI26 North & South Sections 19,000 from PIF Clarkson St. construction $ 69,000 total funds and that in early 1980, the City sell bonds in the amount of the assessable Englewood costs (estimated at $59,000) to replace the PIF Clarkson Street account and the PDt26 North section • SUGGESTED ACTION: MOVED BY ____________ _ SECOND ______________ _ YES _____ ~NO _______ ~ABSENT _____________________________ _ • I • o ______ ~ - . ' • ( • • • • ' . C 0 U N C I L C 0 M M U N I C A T I 0 N DATE 8/29/79 AGENDA ITEM 3C SUBJE'CT SIDEWALK IMPROVEMENT PROJECT 1979 INITIATED BY ____ ~Eun¥g•i~n~e~e~r~i~p~g~S~e~ry~1~·c~e£Rs~o~e~p~a~r~trn~e~nut~------------------------- ACTION PROPOSED Avard of Contract for Construction of Sidewalk Improvement Project 1979. INTRODUCTION: In February 1979, the City Council requested notices be sent to several owners of private property within the City where hazardous sidewalk conditions were known to exist. These notices required the owners to make necessary repairs, and in the event said repairs were not undertaken, notify the owners that the City would cause such repairs/replacements to be made, with all costs, direct and incidental, to be charged against said adjacent properties. Sidewalk Improvement Project 1979 includes work that was not accomplished by these owners. The project also includes replacement of the Cherokee and Highway 285 crosspan, which will be funded up to $4,500 by RTD as a Regional Aid Urban Systems Project. FINANCIAL DETAILS: $20,000 was budgeted in the PIF for construction of this project. RTD has committed up to $4,500 for reconstruction of the crosspan and returns at US Hwy 285 and S. Cherokee St. by signed agreement dated October 27, 1978. RECOMMENDATIONS: Although this project was well advertised and staff made numerous contacts with many contractors to encourage interest in this project, only one bid was received. Most contractors contacted were either too busy with present projects or just not interested in a project as small as ours. The bid received was as follows: J & N Concrete Engineer's estimate Money available ($20,000+ 4,500) $ 23,773.86 22,580.00 24,500.00 I • - - • • <, • • • Is it our opinion that the one bid received is good and reasonable when compared to our engineer's estimate, and recommend award of the contract for the construction of Sidewalk Improvement Project 1979 to J & N Concrete in the amount of $23,773.86. SUGGESTED ACTION: MOVED BY ____________ _ SECOND ____________ __ 'I YES. ____ NO, ___ ___.ABSENT _____________________ _ l---------1 • I • • D --~---!l - ( I ( • • ~ • • .. • " C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJE'CT 8/~0/79 AGENDA ITEM 3C SEAL COAT PROJECT 1979 INITIATED BY Engineering Services Department ACTION PROPOSED Aw4rd of Construction Contract for Seal Coat Project 197~ INTRODUCTION: Application of Seal Coat to Englewood streets needing surfacing attention is an annual program and is accomplished in coordination with the City's street overlay program. The 1979 overall program consists of approximately 36,500 S.Y. of asphalt overlay, to be constructed by Arapahoe County forces; and 39,000 S.Y. of seal coat to be accomplished by private contract. FINANCIAL DETAILS: A total of $134,000 is budgeted in the PIF for the overall program. The asphalt overlay will be constructed in late September at an estimated cost of $99,000.00. A total of $35,000.00 is therefore available for construction of seal coat project 1979 • RECOMMENDATIONS: This project was heavily advertised and the engineering staff personally contacted area contractors in an effort to spur interest in this project. Limited availability of required construction materials was most often quoted in contractors declining our invitation to bid. The only bid received on this project was: A-1 Paving Company, Inc. base bid $ 35,100.00 less deducts 1 & 2 5[850.00 Total bid $ 29,250.00 Engineer's estimate 35,000.00 Although only one bid was received, it is our recommendation that the • I . - - ( ( I • • • • - contract for Seal Coat Project 1979 be awarded to A-1 Paving Company, Inc. in the amount of $29,250.00. The City of Englewood Street Department will prepare the streets (weed removal) prior to construction and pick up the excess chips, as per bid deducts 1 & 2. (The City has always done these items in past Projects as well.) A survey of other cities that have contracted similar seal coat projects this year indicates that this bid, $0.75/S.Y. compares favorably with low bids received by other municipalities: Littleton - Arvada Westminster- Lakewood- SUGGESTED ACTION: 0.62/S.Y. 0.76/S.Y. 0.71/S.Y. 0.65/S.Y. MOVED BY ____________ _ SECOND ________________________ __ YES ________ NO _____ ~ABSENT _______________________ ___ I • - • • • • • • TRANSCRIPT OF A PORTION OF THE CITY COUNCIL MEETING ON SEPTEMBER 4, 1979 -OTHER VISITORS -WILLIAM MASON. MAYOR TAYLOR: PAT MILES: That concludes the pre-scheduled visitors. At this time, we ask if there are any other visi- tors that would like to be heard from at this time in the audience? Mr. Mayor and Members of the Council, I'm Pat Miles. I'm an attorney with the law firm of Criswell and Patterson at 3780 South Broadway here in Englewood. I'm appearing this even- ing for the purpose of introducing of gentle- men who would like to address the Council. I believe members of Council had received perhaps a letter from Mr. William Mason. Mr. Mason would like to address Council this evening. In additon to Mr. Mason and along with Mr. Mason is Mr. Allen Gordon who would request permission to address Council and both gentlemen have indicated their request is to bring to the Council's attention cer- tain concerns they have in reference to the City's retirement fund. By way of mere in- troduction, Mr. Mason is president of William Mason & Company of Woodland Hills, California, and this is the company that has managed the City's pension funds for approximately the last four years. I think specifically the employee retirement fund and the firemen's retirement fund since 1974 and more recently the policemen's pension fund since August of 1978. As I indicated Mr. Mason is president of that company. I would indicate to you the Council that the agreement between the City and Mr. Mason's firm terminated August 22nd of this year, last week, and Mr. Mason would like to indicate certain concerns that he has over the present status of that fund. Mr. Allen Gordon is an attorney from Los Angeles who specializes in security laws and specifically in the federal investment advisor's act and by way of background Mr. Gordon has been chief counsel for the Securities Exchange Commis- sion dealing specifically with the invest- ment advisor's act and the investment coun- sel act. He has been in private practice in Los Angeles dealing specifically in this area for the past 10 years. It's not necessary to have an attorney appear to introduce the gentle- men to Council; but I merely want to indicate my only purpose in being here is to introduce the members to Council and indicate that Mr. Mason came to our firm because of an inability I I • - • • • • • • TRANSCRIPT -SEPTEMBER 4, 1979 Page 2 MAYOR TAYLOR: PAT MILES: MAYOR TAYLOR : for his firm and for himself on prior occasions to meet with the retirement board. On several occasions during the last month, he has made effort to arrange a meeting and none of those meetings have been forthcoming. He contacted our office merely to request assistance in get- ting this matter before Council or his concerns before Council. I did have occasion to meet with both Mr. Mason and Mr. Gordon late this afternoon. Mr. Gordon has indicated to me that he has certain concerns from a legal stand point that he would like to bring to Council's atten- tion. I am going to defer any remarks with re- ference to his legal concerns to his expertise. I would, however, indicate that I do share some of his concerns and I think they are matters that Council should be made aware of. With that I would turn over the podium to Mr. Mason if, Mr. Mayor, that is alright. Mr. Miles, before you do. The Council dis- cussed your letter and your mail-o-grams in our study session this afternoon and it's the, under our City Charter, the Council is not responsible or have jurisdiction over the police and fire pension boards. There is a connection of some sort with the City Council and the non-emergency employees pension board and to explain that in terms that are more familiar to law and to legal understanding, I'm going to defer to our City Attorney who is the attorney for both or all three of our boards. When Mr. George Olson called, I be- lieve his first name is George, Olson called me the other day. Is he your Denver repre- sentative? Yes, he is the Denver representative • I told him at the time, well, actually, to be honest, he called around Tuesday, and I didn't get back to him until Thursday, and it was too late to get him on the scheduled visitors for the agenda, but I told him it is the practice of this Council, although we're not obligated to under the Charter to ask for additional visitors, we always do because we would like to be as democratic as we possibly can. With that understanding, we will hear Mr. Mason but before we do I'd like for Mr. Berardini, our , I • - • • • • • . . • TRANSCRIPT-SEPTEMBER 4, 1979 Page 3 CITY ATTORNEY BERARDINI: PAT MILES: attorney, to fill you in on how this Council and the pension boards operate. Mr. Miles, I think briefly stated, the Coun- cil wonders why the correspondence was ad- dressed to it when the boards themselves are independent boards that are charged by statute and by ordinance given the full responsibility and authority to invest the funds at their dis- cretion and under the authority granted by the Colorado State Statutes, and perhaps you could address this or perhaps Mr. Mason or Mr. Gordon could, what relief you are requesting if any from the City Council. We don't feel that the Council, of course, has any jurisdiction to substitute its judgement for that of the board, the various boards of trustees of the various pension funds. I do note that under the public employment retirement fund, the Council may replace a trustee under the City Code if it so chooses by amendment to the ordinance, but, I think the main question here is what are your clients seeking to do and what relief are they seeking from Council, if any. Let me try to address those one at a time. Why are we here tonight? I think I can best state to Council that as early as Au~ust 7th of this year at which time Mr. Mason s firm was responsible for management of the pension funds and he met with representatives of the City and at that time it was indicated to him that consideration was undertaken that the pension policy or administration of the pension funds was being changed. He requested to meet with the pension board and that meeting was tentatively or to be arranged for the week fol- lowing August 7th. They were never able to ar- range it. They again tried to arrange a meet- ing the subsequent week. That was never fol- lowed through. A meeting was scheduled on August 22nd of 1979. Mr. Mason and his firm were ad- vised prior to that meeting that it was being canceled. It's our understanding that the meet- ing did take place. One of the concerns of the company is that they have had no forum to come before. They've not been able to meet with the pension board to discusss the concerns that they have with reference to the fund. As to the relief that they are seeking here before • I • • - I • • • • • TRANSCRIPT -SEPTEMBER 4, 1979 Page 4 Council, specifically none. They want a little bit of your time to listen to their concerns so that it is out in the open and someone has listened to their concerns. I don't think that the Council necessarily has the power to take affirmative action, but I think the Council does have the power to listen to the concerns that the gentlemen have. MAYOR TAYLOR: Do I hear any objection from Council? COUNCILMAN CLAYTON: Your honor, I have no objection. I think that our record of this proceeding - I would request show the remarks of the City Attorney, though. MAYOR TAYLOR: Certainly, Mr. Miles, you client may speak. I wanted to be sure that everyone understood where the City Council stands on this before you do because the City Council can not change what the pension boards have done. PAT MILES: Thank you. MAYOR TAYLOR: So you may bring your client up if you wish. WILLIAM MASON: Thank you. First I wish to thank the Mayor and City Council and City Manager MAYOR TAYLOR: Would you please give us your name and address? Everything you say is on tape, you know, this is like Watergate. COUNCILMAN SMITH: But there's no blanks. MAYOR TAYLOR: There's no blanks involved. WILLIAM MASON: My name is William Mason. I'm president of William Mason and Company, Woodland Hills, California. Having had the opportunity to speak to the boards, I would not be here to- night. So I do wish to thank you for the op- portunity to speak. I'm not here because I feel I have any vested right to manage the funds of the City. Clearly, I do not. I am here because I am absolutely appauled at the way the decision to terminate our services were arrived at and the current lack of consider- ation of the implications of liquidating all the securities held in the portfolios of these plans. We have been investment counsel to the firemen's pension plan and the City's • I • - • • • • • • TRANSCRIPT -SEPTEMBER 4, 1979 Page 5 employment pension plan since 1974 and to the policemen's pension plan since August of this year. During this period, there were no com- plaints about investment results made to us, or fees, or other significant matters. For weeks, we've been attempting to arrange a meet- ing with the boards through the office of the director of finance whom I understand left the City's employment last Friday. We were con- tinually put off. We were told that three suc- cessive meetings were scheduled and that they were then canceled. Finally, we were told that a meeting was arranged for August 22nd. Then we were told it was re-scheduled for September 5th. This canceled meeting was held on August 27th that's August 22nd at which time our ser- vices were terminated. And it is our under- standing the one-year old firm, one-year old firm of R. M. Leary and Company was retained. I repeat we have no vested right to manage the City's pension funds. The boards have the right to fire us. But if I were a board mem- ber I would be very concerned about why Bill Mason was not allowed to speak. Was it just bad manners or was someone afraid of what I would say? We have been managers of these plans for five years. I have been in the in- vestment business for almost 20 years. Not as a customer's man for a brokerage firm. Not as a mutual fund salesman. But an in- vestment analysis and investment manager. I would think it would be understood that my views were of some value. Common sense would suggest that before they bought an in- vested program from someone who had an eco- nomic interest in selling it to them that they would at least listen to the other side. Now, as I said, I was not at the August 22nd meeting so I do not know exactly what happened • But, it is my understanding that at that meet- ing, a new set of investment guidelines were adopted and the firm of R. M. Leary and Com- pany was engaged to manage the pension assets. I find it particularly ironic that at that meet- ing, that meeting that I was refused attendance, the following guideline was accepted. I quote, "it is the desire of the pension board to meet quarterly in person with the investment manager responsible for this account to review the fol- lowing" and then there's a whole list of legi- timate investment concerns. That's all I de- • I • • - • • • • • TRANSCRIPT -SEPTEMBER 4, 1979 Page 6 sired, an opportunity to meet with the boards. Had I been given the opportunity to speak, I would have raised the following points. First, as a result of the actions taken on August 22nd a first rate set of investment guidelines brought up earlier this year by Mr. James and by Mr. Johannisson, guidelines which contain substantial and specific investment safeguards would have to be abandon. A mutual fund switch- ing program such as R. M. Leary and Company specializes in would probably violate these guidelines. My second concern, the second point I would raise was that you were hiring an investment advisor who had been business for barely one year. Who had little actual experi- ence managing investments and had an invest- ment performance record which was largely hypo- thetical. Furthermore, it involved the use of load mutual funds, an investment vehicle that is so discredited that it has been equated by one well-known writer as "throwing money out the window". Third, I would stand by the cost estimates which I made in my letters to the City Council. Both the substantial one-time cost and the double manafement fees that would continue. I would also ike to point out that your guidelines call for your invest-.nt ad- visor to carry fiduciary liability insurance. Does he? Has anyone seen the policy? Has the City Attorney reviewed it? Only three co.- panies write such coverage, only three co.- panies in the insurance industry in this coun- try. Two of them began writing it this year. One only writes for members of the Investment Council Association of America of which there are 80 members, 80 members out of 5,000 invest- ment advisors. One of the terms of the con- tract is that if you cease to become an in- vestment, a member of the investment council association, your policy automatically lapses. Finally, a mutual fund switching program such as that offered by R. M. Leary and Company could well violate the new guidelines. Few mutual funds will place pointless restrictions on the investment policy the new guidelines call for. For instance, your new guidelines would prevent you from purchasing any new con- vertible bonds, but allow you to buy in at lower quality common stocks from the same companies. Totally illogical. The final issue that we would like to address ourselves to is largely I • - • • • • • • TRANSCRIPT -SEPTEMBER 4, 1979 Page 7 MAYOR TAYLOR: ALLEN GORDON: MAYOR TAYLOR: ALLEN GORDON: a legal point, but one of great importance, and I would like to turn the floor over to Mr. Gordon to handle that. Thank you. Thank you, Mr. Mason. Thank you, your Honor, Members of the Council, I appreciate very much for your time to ad- dress you this evening. I have just two points to make to you. Would you give us your name, please? My name is Allen Gordon. I'm a practicing lawyer. My office is in Los Angeles, Cali- fornia. I am not a member of the bar in the State of Colorado. I have represented and provided legal advice to William Mason and Company for the past three or four years. My practice specializes in federal securities laws and regulations; and I have personal familiarity with the investment business. There are two established principals of the Securities Exchange Commission that I think are in question here. One is that they have set in writing that it is fradulent per se for any investment advisor to represent as investment management results, numerical statistical studies that are purely hypo- thetical. And what that means is, if you've been managing assets over a period of time you can show what the actual results were, that were achieved in the actual management of those assets, if you don't do it in a selective and improper way picking out only the accounts that did well and eliminating the accounts that did badly, but represent- ing accurately the actual results over all accounts over time. But what you can't do is to look back hypothetically and say that if over the last ten years some program which was not actually in effect had been followed here are the results that would have been achieved. The SEC has said that that is simply fradulent and the reason is perfectly clear. Anyo~e can look backwards over time and see where the stock market hits its tops and where it hit its bottoms, and say, well, if we had sold out at the top and if we had bought back at the bottom, here's what the results would have been on a thousand dollars that had been I • - • • • • .. • TRANSCRIPT -SEPTEMBER 4, 1979 Page 8 invested in that fashion over ten years. But, of course, nobody has the ability to do that, starting from today and working forward into the future because nobody knows in advance where the tops and bottoms will be. That's one point. The second point is that the Congress at the recommendation of the Securities Exchange Com- mission recently amended the statute to make a distinction in law between a registered in- vestment advisor and investment counseling firm. Any firm that publishes investment re- ports must register with the SEC as an invest- ment advisor. Many people have been led to feel that if a firm was registered with the Commission as an investment advisor, it must be reliable, experienced and knowledgeable. When in fact, all the statute requires is no- tice to the SEC that you are engaged in this line of business. So a distinction was writ- ten into the law and it says it's unlawful to represent that you are an investment counsel- ing firm unless the substantial character of your business is to provide discretionary in- vestment management of other people's assets on a continuing basis with regard to the speci- fic investment needs of the accounts under management. If that's what your business is, then it's lawful for you to represent that you're an investment counselor and not other- wise. Your ordinance with respect to the management of the assets of your pension and profit sharing plans for your municipal em- ployees, firemen and police officers provides that the boards of trustees may adopt any one of five alternative approaches to the invest- ment management of the assets of these plans. One would be to buy an annuity contract with an insurance company. Another would be to employ a bank. The last of these five is the one that is pertinent this evening. It is very short. I would like to read it to you. It says, "to obtain on an discretionary basis, an investment advisor, licensed as such under the United States Advisor's Act of 1940, which investment advisor is also an investment counsel as defined in said act." I think the meaning of the ordinance is quite clear. One permitted alternative is to employ an invest- ment firm to supervise, actually manage the in- vestment of the assets of these plans. Mr. Mason asked me, on Friday of last week, whether I • - • • • • • TRANSCRIPT-SEPTEMBER 4, 1979 Page 9 a registered investment advisor whose busi- .. ess it is to generate buy and sell recom- mendations of switching assets from one mu- tual fund to another based on market-timing judgements, when the market has reached its high, sell your common stock mutual fund, put the money in a fixed-dollar mutual fund. Whether that type of business arrangement is the sort of business activity that qualifies to be an investment counseling business. My judgement on the point was no. It certainly does not because it does not involve actually determining what securities, what stock and bonds should be bought and when and at what price and why with this particular plan's needs. It's a rather blunt instrument is what it is, in which if you do right, you do very well and when you are wrong, the results are disastrous. I checked that personal legal opinion because this is not a commonly asked question by telephoning the SEC staff in Washington and talking with the current as- sistant director of the divison that adminis- ters this statute, and he said I quite agree with you, Allen, this is not what this statute means when it speaks of an investment coun- seling firm. Your ordinance incorporates by reference the standards of this federal statute. If this new arrangement that was entered into on the 22nd of August is not in fact an arranage- ment with the investment counseling firm to pro- vide management on a discretionary basis to these assets, it does not-it is not authorized by this provision of the ordinance. If it isn't authorized by this provision of the ordinance, it isn't authorized by any provision of this ordinance. And if that's so, the trustees of these plans would not have the benefit of the provision that limits their personal liability if, which I'll read it very briefly, "and the trustees shall not be liable either as a body or individually for the making, retention, or sale of any investment as wherein provided". That says to me that if the trustees adopted any one of these five specified modes of manage- ment, the trustees are protected and if they don't, they're not. You know, Mr. Mason was simply not given the opportunity to be present at the meeting when the boards of trustees of these plans at which judgement was made to terminate the services of his firm after five • I • - - • • • • • • . . TRANSCRIPT -SEPTEMBER 4, 1979 Page 10 MAYOR TAYLOR: years and employ some other new arrangement. So, of course, we don't have any very exact knowledge of what the new arrangement con- sists of. Obviously, we've been trying to find out. We would much prefer to go for- ward on the basis of accurate and reliable information, but we have to do the best we can and based on what we do know, it appears that the retirement boards have hired a one- year old firm to provide a mutual fund tim- ing switching service. Thank you, gentle- men, very much. That concludes my pre- sentation. We thank you for your information. I • ...... • • .... ' • • • ENGLEWOOD WATER AND SEWER BOARD Regular Meeting July 24. 1979 The meeting was called to order at 5:05 P.M. Members present: Gibson. Best. Harper. Schnackenberg. Ullery Members absent: Feamster. Mann. Taylor. Witthus Also present: Stewart H. Fonda. Director of Utilities I. EMERGENCY AT ALLEN WATER PLANT JULY 15. 1979 6 A The 24" transmission pipe that supplies water to the City ruptured at the Allen Treatment Plant in the area where the contractors had previously been doing some work. Conditions became critical immediately and the City Manager declared a local disaster. All watering was curtailed and businesses were not allowed to operate the following day due to the serious fire danger. The City appealed to the Denver Water Department for help in this emergency and they responded immediately. Denver and Englewood crews worked together in hooking up a cross connection with the Denver water supply in three different areas of the City. II. VALLEY WATER DISTRICT Mr. Fonda stated that he had been in contact with the Valley Water District and that they were responsive to continued discussions in negotiating a total service contract. The Board directed Mr. Fonda to contact the Valley Water District . III. GREENWOOD VILLAGE COST SHARING OF DRAIN LINE FROM OVERHEAD STORAGE RESERVOIR The Board members indicated that they were not willing to participate any amount above 50% for the drainage improvements needed in Greenwood Village at the Overhead Storage area. The Board members suggested that Mr. Fonda check with the City Attorney on the City's liability in this area. • I . • - • ,{' • • • BRGLDIOOD DOIIN'l'ONII DEVBLOPMENT AU'l'HORITY 3535 s. She~ Street -Englewood, co. BOARD OP DIRBC'l'ORS SPIICIAL MBE'l'ING Wednesday, August 22, 1979 12:00 Noon, 3535 S.Sherman Board Mellbers PreHntl Allen, ColeMn, Gas.on, Holthaus, ltaufMn, HaM, Maxwell, Roboh•, and Executive Director Keller. Board Mlllbers AMent: Glenn, Mauaolf, and Stones. Qlests and Visitors PreMntr Pat Gill, lAs Jenkiftll, Boward Olson, Nick Panetta, Dorothy Rcllans. Board Olair.an ltaut.n called the ... ung to order at 12:25 P.M. All Board 8811bers preaent signed the waiver of notice of ... ting. Minutes of the regular Board ... ung of Mednesday, August 8, were approved u corrected and published on .otion by Board •lllber Robohll and second by Holthaus. Motion carried. Treasurers Rltpcxta -of July 31, 1979, of the $130,000.00 budgeted inooaer $67,800.00 has been received. $41,000.00 has been budgeted for 1979 startup and operational expenses leaving approximately $89,000.00 un008aitted and $53,000.00 cash on hand. Oft 80tiOn by Board ..... r Allen, Heond by Board llellber llaMr the bills presented were approved for ~yment. 'l'he City is developing their annual audit contract with Peat, Harwick, Mitchell and Co. Because of financial eonflicta, Bill J_s, Director of the City Finance Depert.ent r• 1nda the Develos-ent Authority Mke its awn eontr11et with PMM and Co. No IICtion to be taken until aoet quotation recelve4 fro. PMM and Co. 6 B -~nt of a full tt. staff person vu preMnted for cUseu.lon by OlairMn ltaufaan. on .otion by Board 8ellber Allen and second by Board Mllber Co~, the Bxecutlve Director is euthori8ed to hire a staff person to replace Debby 'l'orres who ls returning to ac;:hool in septeat~er. Jlotion carried. Olaiman ltauflaan nvi~ the situation concerning the P.a broken license application for a tenant in the 3400 block of s. Broa4way, the Mny inquiries being received at City Ball regarding ..... ge ~rlor license proc.dures and the suggested revision of the B-1 zone ~dinance. Board 8Uiber Mann stated he understood that there is now a state 1• requiring a public hearing for consideration of a .. aaage ~rlor license application. Chair8&n Kaufllan reported that the Pawn broker license applicant vas not approved by the Polica Deparment. Revision of the B-1 Zone Ordinance as well as the a-2 code should be addreaaed by the Planning and ZOning Board at the earliest poasible ti88. ( Goals and Objectives ~ittee Olaiman ColeMn requested that he and his ~ittee be given sa.e direction fr~ the Board as to the things that they should be eonsidering. A U•ly ~nt vas Mde regarding peoples willingness to serve on ~ttees, • if aa.athing positive resulted and the llellbers don't feel their tl8e is being wasted • .ore people would be willing to serve. • • I • - • • • • • -2- IV. SANITARY SEWER LINES Mr. Fonda stated that Black and Veatch Engineers were doing a study on the overloaded sewer lines in the City of Englewood. This study will be a comprehensive study of the complete sewer system of the City. There is presently an overloaded area in the northeast section of the City. The meeting adjourned at 6:15 P.M. Respectfully submitted, ~-Yu{~ Ka/Roberts Recording Secretary • I . . - • • • • • • Real Estate CO..ittee Cbair.an Allen reported that Public service is goift9 to be very slow in their response to any offer to purchase their property and perhaps .-alternatives should be considered. l'inance and Bond ec-itt" Olairun Gasaon reports a diacuuion Meting set with Robert Joyce for Septellber 6, in the bank office. Mr. Joyce was for .. rly the Denver Devel~nt Authority Director. 'l'ranaportation and R'l'D Cbairaan Maxwell will be setting up a discussion ... ung with the Cb&llber of cc-rce Tranaportation Cbairaan Paul Do•ier for a possible joint effort. Urban Drainage was discuaaed by Council Board •lllber Mann who urged that this ~ttee at ita earliest convenience have a joint study session involving the School Board, Orban Draifta9e District, IDDA Board and the City consulting engineer for the Dry Creek project. Lea Jenkins of the Cballber of cc-rce Retail Task Force reported in Board ...,.r Ma1180lfa' .a.ence that there wu to be a Tuk Force ... ung at the Cb..,.r office, Thuraday, August 23, and the BXecutive Director would be attending to diacuu foraation of a downtown Merchants Association. Diecuaaion pertaining to the City Traffic Depart.enta posting of No Parking signa 100 feet either aide of the aignali .. d pedeatrian croaa walk in tbe 3400 block of s. Broadway reaulted in COUDc:il Board .. -.r 111M egr"ill9 to ... what could be done. The need to repaint the directional aign on us 285 and s. Broadway inter- change directing people to the central buaiMu diatrict wu diBCU8Bed ..S Dorothy aa.an. egreed to ... what could be daM. 'l'be final i tell of dillcuuion pertaiMd to the aurvey regarding Board IISIIbera interest in a retr .. t. Six queationnairu -re returned fro. 8oud _.,.r• ....Swill be tabulated by the Bacutift Director. IIHting edjour..d 1&30 P.M. !Q!!z The invitation to City Council for an inforaal joint study ... ung hu been accepted and the date is Monday, August 27, at 5&30 P.M., in the Board office for dinner. I • ....... ....... < ' • • • • ELECTION COMMISSION Minutes August 29, 1979 Present: Betty Keena Barbara Burget William James Also Present: City Attorney Berardini Janice Watkins The meeting vas called to order at 4:15p.m. in the City Attorney's conference room. Mr. J ... s transmitted a sample candidate packet and the Commission reviewed the calendar of events for the upcoming general municipal election, Roveaber 6, 1979. Mr. J ... s stated petitions to recall Councilman Donald Harper had been withdrawn and resubmitted with affidavits on August 15, 1979; therefore, the petitions would have to be certified to Council within the five day period after August 30, 1979. The Commission discussed establishing guidelines concerning whether or not the council member that has been petitioned for recall needs to let the Clerk know of his intentions to resign or be a candi- date. The Commission decided that the council member for which the recall petition has been submitted must notify the City Clerk within five days after the Clerk has certified the petitions to Council of his intentions to resign or whether he will be a candidate on the ballot. If the council member does not notify the Clerk of his intentions then the matter automatically becomes a recall question on the ballot. The Commission noted such a ruling is in keeping with the C.R.S., 1973, as amended. The meeting adjourned at 5:10 p.m. • II . . • •• • ,......, IIUh l!<l 1«7" uxr:s GFNF~AL P~O~F~Tf TAXFS SPFCIFJC O•"-f~SHI~ TA~FS GF~F~AL SALF~ & USF TAX SELFC:Tiv~-SALF S ~ IISF TAX OCCUPATJ0N~L/F~11Nf~-<ISF TAX OTHP:~ TAH~ c Sll._ TCTAL ~~~APTMFNT OF f1NANCF .-._ALJlld loll. r1F ~tluut: TEO ~FVI::NUFS C.FNFklL ~ lJ"'IJ Tt-<I<OUGH JUL ;,1 1~7'-1 Pw~TIUN OF YFA~ Tv OAT£ ~~~ ANNUAL CIJ~H MONTH RUObt.T f.X.,ENOS 7t:>c, 1<1~ 30t47~ b~tOOO 3o1f:>7 ()o7~4t151 b58tii5t! 57bt777 46e&l7 'jlt0t043 0 0 1t20b !!•M•oel70 740o329 LICF~~FSo P~~MTTS ~ OCCU~ATIO N AL fEFS RIJJU'("'6 l ICfliS~'S• PF~~ITS ~ FFfS ·fc:tOOO 7o01:14 AUSINf~S l JLFNS~'S & OCCU"ATIO~Al FFE~ 10C:t400 2t770 SIJH TOTAL l74t40() 'it8~4 JNTF~-bUVF~N~fNTAL RFVF!I.UF. FFOFFAL GPA"'T~ b4t307 lf-Oo\181:1 ST~TF SHANFU "FVfNUF 30.,t000 20o439 OT~-<FI'I GO\IfPN~FNTAL li~-'ITS 7tOSl-(t Stl.-i TnT~o~L 3bbt2.,6 18le427 CHAHr.f~ ~0" ~F~VICFS bft•F PilL f"OVf ki••~F I IT lJ~t7';!; lo4l4 PIJF4LlC <.;AfFTY btSOO 70~ Hlr,H~AY ~ ST"FFT .jbtl36 3o597 Allllt.1Al St-<FL lE 1-( ~'it3011 2o4Jo SAI'JITATIO!v 0 0 Lli-I~A~Y it3t000 ~.41-tt SCHOOL OIST~ICT PII~TICIPATIIIN lOeOOO lOoOOO ouTooo~ s~~~~I4 G POOL 13. '11!5 4t431 JNOOO~ ~~~~~IN(, POOL C:bt200 3tll4 SPit~T~ " r.AMf ~ 3lt2L'~ loSOO • • • trt " .... ?""' PAl>~ YR-TO-IJATE • OF LAST YfAk LAST- EliPfNDS FWOG TO OAH YR I 5A1o0J) 11:> 649,930 75 4Qo&JJ 71:> 63,562 75 4o00'le0~0 59 3,615,938 sa 300otlb9 52 305,331 sa 3l5o022 58 275,584 Sl ]of:>Jf) 0 "'•?c;~.l43 bO 4,910,345 60 43o~i'b 60 67,649 72 3Rth~8 31:1 44,411 54 A2o224 41 112,060 64 15'!4t0bl HH 16,110 41 203o2tl., 1)6 231,331 60 )7o645 250-0 0 H~o~75 '1M 247,441 48 14'-o32& 43 136,521 50 4o2~b bb 2,909 37 .? 1 ... ~8 Sb 22,580 57 l4o!lt13 51 3,266 13 29 0 0 0 JJ,ItO~ 31 22,386 49 lOoOOO 100 0 0 7t075 51 6,372 51 l'-o270 bi' 14,842 59 llo204 3'1 19,918 55 I I . • - 1 lllJ(, (!C) )«7U TAI(f5 GFNF~AL P~O~FHTf TAXF~ SPFCIFIC O~lllf~S~I~ TAXFS GF~F~AL SALF~ ~ USF TAX SftFCT[V&: SALFS 'i. IISF TAit OCCUPATJ0N~L/F~11Nf,..ISF TIIX OTt-1~-g TAilFS su ... TCTAL • • • ~~~ARTMFNT OF fl~ANCF tH_ALlildj()lll r1F ~ll()bi:TfU 4FVt:NUF~ C,fNFf.IIIL ~ UM) TI'<I<OUGt-1 JUL ;, 1 l'H 'I Pu~TlUN OF YFA~ Tu OAT£ ~d~ AI\INI.tAL RUObE.T 1&t! o I Y'i tl!)oOOO 6o7~4ol51 57bo771 'j .. IJ,043 0 tto'>~ool70 CIJ~H MONTH EX~ENOS 30t47~ 3ol67 &58od5b 46o617 0 lt~Ob 740o329 LICFN~FSo Pf:WMITS 1.. OCCloi'ATIIl riAL fF.F~ RUJlft(r~G l JCFI'ISFSo PFPMJTS t. fFFS "lo::oOOO lO.::o<tOO 7t0ti4 2o110 ~USI~F~S LJLFIIISFS & UCCUPATlOIIIAL FfE~ SIJ~ TOTAL JNTF~-bUVF~N~FIIITAL WfVf~UF. FFOFFAL GPAIIIT~ • STtTF SHIIMFU WFVfNUF IJT,..FR GO\IfPN~:fNTAL lJ•.IJTS • C~A~r.F~ ~Ok ~FRVICFS bft•FPAL f"OVH~I••<~FIIT PIJ!-ILIC c:;llfFTY ~Jr.H~IIY ._ ~Tf.IFFT AIII(MIIL S~Fl TE t< SM•T TATIO"' lli-!1-'II~Y SCHOOL flJSTMICT PAL!TICJPATION OUTDOOR S~~~~ING POOL JNOOO~ S~~~~lNf, POOL SPII><T~ lo, f.AMf~ • b4o307 Jo.,.ooo 7o051- 3bbt2.,6 J3bt75!) btSOO )bo236 ~~·3011 0 43t000 lOtOOO 13t<J85 0::6t200 31t2L'5 l8lt .. 27 lt414 70~ 3o597 2t43tl 0 !u41_,. lOoOOO 4t431 3o1l4 lo500 YR-TO-OATE €XPfi\IOS 4 OF RlJUG SA1•03) 76 4Qo6JJ 76 4oOO~,O!)O 59 300o869 52 315o0~2 58 lo636 0 4Jo!)26 60 3RofolY8 3ts A2o224 47 l5'3o0bl lts7 203o26., '>6 l7ob .. 5 250- }4F, .32ti 4 3 4o296 bb ?.1o488 56 l,.odbl 51 29 0 l3o40~ 31 lOoOUO 100 7o075 51 1floo270 b2 12o204 39 LAST YfAW LAST- TO DIITF YR t, 649,930 63,562 3,615,938 305,331 27S,S84 4,910,345 67,649 44,411 112,060 16,110 231,331 0 247,441 136,521 2,909 22,580 3,266 0 22,386 0 6,372 14,842 19,918 75 75 58 S8 51 60 72 S4 64 41 60 0 48 so 37 57 13 0 49 0 51 59 ss - • AI)(, 0'1 l 0 7C:. OUTDOOR ~FC~fATION CULTIIRAL ACTllfiTIFS . SflltJOU CIT l LFNS PLAY6POU"'IJS SOFTPALL zoo OL D TI~FP<. SU~ TI'TAL FIIIJF!> "-FO.,.FFITIII-lFS CCHI~T LIF'PARY SIJI1 TOUL .,JSOLLAIIIFUUS l~TF~FST FA~NINRS PF NT II L Itvf.(t"'f COI•1TP(io\IITJ(•NS li. TPA!I.t <;FFRS IAI~CFLLM•F(tU~ Sll"' TOTAL TOTIIL l'lf \IE I ~IJ F S • • • • ~~~~~T~FNT OF f4~ANCF Hf~LlLATION ~F ~UUbllFU ~FV~NUFS G[NFI~AL t' UNO TM~OUG~ ~UL 3! 197~ ~U~TIUN Of YFAw TO OATF ~H~ PAGF 2 FIIJOGE H.D REVF:NUE~ CUkk ~ONTH Y~-TO-OATE • OF LAST YfAR LAST REVENUF5 RfVFNl~S BUU& TO DATF YR ~ • 0 c1o600 "'•11'>2 lo453 17 •1>00 c:obOO llt~OO 1'>117t516 14lo000 10o000 1!:11•000 !:IOoOOO 0 0 1~t000 lc!:ltOOO .l0olctco342 671 lo021 760 lo079 841 79~ ~~tl 38o33'J l3ol&9 loOJ,. l4o223 2th ~f> 1 0 1o01i7 lt062 30t1l6 l•l.ll4o&98 7o789 0 ~2.J2ti 141 5o71J 62 2o202 10:,2 17.570 100 1o7Jb 67 Q,J~O f<t ~12o650 51 H4o776 60 7tll'J 71 Q1o8'J5 61 ;?qo567 57 325 0 7o67d 0 J<;,860 21 5?.o430 42 bol74o<tl7 61 0 24.043 0 1.389 15.S2S 1.658 11.864 283.273 87.470 6.440 93.910 33.271 0 0 1S.S32 48.803 5.695.832 0 60 0 73 90 51 76 Sl 58 61 58 40 0 0 21 31 58 • - . I •· All(' (lC )47'1 L~GISLATION ~ COU~CJL: CITY COUI\'CIL .-oaR(l OF A(•.Jli~T'4FNT 1i. APPFALS ~OA~~ OF (Ak[f~ Sf'WVJCF COMMJSSIONFHS PLtN~IN~ ~ lO~IN~ COMMJSSIU~ LJ;.u: .. u,y ... (IA .. U CITY II TH'P~I f Y SU .. H >TAL PURL J (" 11{>1-11( S: PU~LJC wrRKS-AOMINIST~ATIO~ S[t\: I OP Sl•Pr.F Y FN61NFFI<It.JG SfwVICFS STRFfTS ~ 0kAINA6F TRIIFFJC FNbl~FF~lNG ufNF'~AL l'PF..,ATIO"'S II. ""AH tH flo llf\ICF' SIIR TOTAL FIR~: F)PF -... WFVf ~T)UN FI ~~ -Pf'~("IJF SFkV[CF Flf<F -SUPP >-FSSIO"' t. All .. J N [ST~ATION FIPF -VOL~~lF F w Fl~F -TI<Al"'ING SU'1 TOTAL POLICF: Cflfol,...l>NJCAT IONS POLJCF 1Jt<0TFCTJON ANI!olAL St-'FL TF'P S UI< TOTAL • • • • l•t t"AWT"'F~>~T OF t-1NAIIICF f_" 1-'1: NU 1 TllWFS TO ! "-1~ dliD&E T GF'Jf.RAL fl.lt.O THIJOUG~ .JUL ~1 1~7~ PUHT10N OF YEAQ T~ OATF ~~· ANNUAL ~UO{;;ET 111t264 St397 bt079 7t502 it405 1b'lt1'JJ 3ll1tA40 ':>7t797 4bt273 2Ult6b8 8S~t277 270t74S 4'1~t649 LHtH'Il 17'+o1':JS 1o673t407 t:Jt230 'llt473 2tOY4t156 2b7t376 2t262t018 10':>t8'11 2o6J':>t28S CUkH MONTI1 FlU• ENDS !h709 427 250 1·0<,;9 104 ll•"-JS 4t601J 4o707 15.~06 S4o0Y4 1<Jt923 29t231 l28t370 lOolMS 13ob30 132o271 213 7t~b3 lf>4t362 29tb07 l86t003 !h571 224o1b1 PA{;jf 3 Y~-TO-OATE FXPFNDS 6 ~F LAST YFAR LAST ~UOG TO DATF YP ~ 79,973 72 3o2S2 f>O 2o0b4 34 4o729 63 1obiS6 70 71hJ7Y 46 170o0b3 ':>6 3?..546 56 2Ao':>'IO 62 10f>o9ld 53 46lo711 54 1~2.707 67 231).~67 '+7 lo043o33Q S4 74o6fl1 57 104o442 f>O qo;q.t.bO 57 1·~11 ~ o;}.4)3 Sf> lol91o437 57 150t65c! 56 lo225t272 54 o;).ll'>tt 50 lo4~Qo192 54 77,957 1,573 3,359 3,204 1,916 87,193 175,202 29,866 24,135 67,891 462,282 153,396 160,930 898,500 0 92,023 939,646 1,644 0 1,033,313 170,861 1,097,812 49,229 1,317,902 81 54 71 70 65 67 72 57 59 56 56 63 58 58 0 59 60 5 0 59 41 56 59 54 • - CO~~U~ITY 0FV£l0PMFNT: COOF FNfO~CfMfNT HOUSING ... LANNJ'II6 51Jh Tr>T~>L PAQK~ ~ PFCUFATION: OUTDOOP PfC~EATION SF:~IO~ CJTIZ~~ ~fC~~ATION PAI<~S OUTPOOP SwJ ..... J~G I'OOL J~DOOW S~JM~IN~ POOL SPOJ;~T~ ._ C-A,..F.!> CULT ll'fAL llf' Till IT I FS PL A Yu!Hl•l._'l lS SOfTf<IILL zo o ~FCPFATI!•r • b ft•f r-IAL Of>FRATI Or••!> OL O l[MF P~ ~~~F~All S ll ~ lllTI>L fo!U I\l iCIPIIL C:OUkT AIJMJNJST H ATIIIN: cITY .. ANAI:F k F"'' ... L<Wn:· !'FLAT IONS TRF:ASIIQY 1>. l<f(OWU ACC Oli•ITtll•f. f,. AU!liTINr. RfVf~·IIF Pll !J C~-<A S I~·r, • • • Ul~A~TMfNT Of ~l~A~CF [A.-E.NliiTUQfS TO 1~7~ iWOuf. T GF.I'~F:~AL f IJfi;D TH~OU~~ JUL ~~ 1~79 ~u~TIO~ Of YF:AR Tv OATF ~a• laOt5~7 b~u539 ~~~•070 3~/.461 u 'l'it227 8blt033 -~·bl9 7Jt73b 'l'llt409 79t398 4i:'t831 ~~. 184 "'•13') 23bb57 Ju.oso lt~ll4t279 1 -, ..... .,1 lbbt44l 1~Ut310 102t570 100t02b 1Jbt999 2J~t490 CIJRk ... O .... TH f.II.Pt:NDS 13t92<,~ 6t413 12o393 32o735 30o<,lfH So42~ 6tb~O 67o074 'lt402 7tl39 ~.935 13•762 16o409 6t498 L't007 14o4~5 kotH3 14t089 12t330 llt528 13tiS49 7t322 10t049 l4t474 0 YR-TO-DATE £XPFto.IDS ' Of ~UOb 94.781 52 46.~3'1 54 IJI,ol89 57 1~3.406 !>1 15o223 0 C:.Ho207 O,(J 444o9~4 51 ?2o500 49 2'to62b 39 ..... 1~0 .... 3Ro151 48 24t'l38 58 14• 709 <;R 4o153 45 94o!>44 41 111o442 ~1 R0Ao627 50 93t711 54 95o9~3 58 90.380 bO Mh994 &7 57o650 58 73.3'16 54 l54o524 "»b PAGF 4 LAST Y£AR LAST TO DATF YR '& 91,100 46,324 78,S81 216,00S 169,2S4 0 49,7S8 446,144 29,7SS 42,800 S3,678 40,863 23,843 12,614 4,004 S6,768 19,760 779,987 68,992 94,094 71,631 S3,487 S7 ,087 70,660 126,300 S9 sa S7 S8 S1 0 so 60 63 61 62 6S 80 sa 47 so 69 60 S3 62 S4 60 62 S8 64 • - SUH TOTIIL • • • • U~~A~TM~~T OF ~l~ANL~ fA~t~~lTURFS TO 1~7~ ~UOfiET GENF"IIAL 1-UM) TH~OUGH ~UL Jl 1979 ~OkllON OF Y~A~ To OATF 5~~ AIIINU~L BUObfT CU~R MONTH Y~-TO-~ATE FAPENOS ~XPFNDS l0o446 PAG~ ~ ~ OF LAST YfAR LASl dU06 TO DATf YR ~ 54,880 56 l•OlltOIJl 608.671 &0 528,139 60 10o5~c,l98 d60ots36 5,187,294 57 - Aur; OQ l474 TAKF~ GfNfFAL C,Alf~ '-liSF: TAX SfLFCTIVF <;I>Lf!> t. IISF TAX Sill" TOTAL I ~HF P-l•OVF~t4~F'"'T AL 1:1~\IF ... UF FFf'Ft.IAL (,PANT!> STATf liRI't-•T!> 0Tt4FJ.o r,(t\IF IJI •I' f ~' T 6 L UNITS StJ~ TOTAL 141 '5CFLU•NFOIIS INTFkFST FAQ~I~GS CO"lTPI~UTIClN~ r. TwAI4'5FFRS M I ~CFLL At-'F flliS t <;UR TOTI<L TOTAL I'F II'CNllfS • • • • ~fPA~T~~~T OF ~~~A~CF ~FALIL~TION OF ~UO~tTE~ ~FVENUF~ 1-'lmllC I !14PQOVF.MI:.NT Flft.tll T~~OUG~ JUL 31 197~ POkl}UN OF YfA~ To DATf ~~~ AUDGETI:.O CURH MONTH PEVF:hUI:.S H£1/F.NUFS 574t000 48tl~t1 ~!:uOOO lt964 5~~•000 50t0~2 b7!Jt000 0 11•500 0 7::»t01SO 0 7blt!J80 0 .J~tOOIJ 13tl:J7 6JOtOOO CJ 0 0 fobol!tOOO l3ol37 .... o~c.s~o #)Jo229 • ' PAGF f. Y~-TO-DATE '6 OF LAST YEAR LAST RFVFNUFS 'iUOG TO O~Tf YP ... 3?"\ol37 57 313,937 59 l2o66H 51 11,155 50 337o805 56 325,092 58 337o4ll 50 (12,000) 0 0 0 0 0 0 0 337o4ll 44 (12,000) 0 13tl37 41 16,084 38 0 0 0 0 ~09 0 22,350 sa 13o746 2 38,434 38 ~f!Ao962 34 351,526 24 • - IIUh 114 1 <.;7« • • • a UfVA~TMF.NT OF ~~~ANC~ ~~OJECT ~XP~NullU~ES ~ubLIC JMPROVE~t~T FUNO TH~OU6~ JUL Jl 197~ ~O~TIO~ Of Y~A~ 1~ OATF ~8~ CUMULATIVE CURk MONTH STO~~ O~AINAbF -6FN~RAL STO~M QRIINAGF -~IG~ SC~OOL BASIN STOP~ ORAINAGf -~ORTH CFNT~AL Ill OAr-T .. OUT"" JMPWOII"CMFNTS (PAVING DISTRICT NO. 23) STO~~ ORAI~AGF -LITTLF ORY CWF~~ OII'T .. OtJTI-1 JMI'><•)IIfMFNTS ~IOF~ALK OISTWICT •7~ TRAFFIC I~P~OVf~fNT~ -RPOAO•AY ZUNI C>TRFFT OVFPI_AY I'!JO<:-I<A"' CITY StJkVFY PAVI~~ OJSTkiCT •25 LfH~~ AVF PWIDGF CLAPKSON ~Tkffl I~PWOVf~FNTS SIOF•ALK PFPAI~S ~~~KS -~FLLFVIFW STOWM RFPAIR MllLFR RlOG PF~OVATIO~ PA~~S -(FNTfh~IAL t HA~10ICAPPFO PLAY AI'PAPATU<; RlVfP OfVFLOI'M"CNT SINCLAIR RATH HOUSE FIAF TMAI~IN6 FIICILITY Fl"F STATION •3 I<FSCUF UNIT COURT/COUNCil ~XPANSION LAND ACOUISITIUN LIRRI~Y FXPAH~ION LANll PliRCt-o Nflo( ELOF.IJLY HOUSING (SP CNTW t'AI"!<.IN6) SF"•IO~ cn•TFk TOTtL FXPFNOITURFS • ~UObFT FAPENDS 3b3tl21 47~t000 5bbt000 Jbt775 5~tSt500 lt225 btOOO 1 .... ,851 !:IUtOOO l4ollt580 cUtOOO 6t000 :,ttt750 U~tOOO ••500 lUUtOOO 4Ut000 ..... ooo ~ ... ooo 3· "4th 111 1:,lt855 J:,.ooo 2~0t000 ~~.ooo 1~4.soo liiUtOOO 0 l~i't500 ltb4:t!)2H 8o4bbt796 • 5o782- 0 7.500 0 0 0 0 ~83- 0 0 0 0 0 0 0 0 0 u 0 31.326 0 0 0 0 3t~42 0 0 9 lOb 36·120 • PROJFCT TO DATE 377,447 470e'i76 5f.lh697 36e775 )Qe900 0 0 120e050 0 6,64& 0 K7- 5!ie500 6 0 22- l7o9b4 5 0 3t7Q8o•07 1Jlo601 0 lo256 0 }o;2.70~ 0 'i1Sb- ??.o509 11]6,010 6tl',o;9.395 BALANCE AVAILARLE 5o674 4o024 3t697- o 518t6110 lec25 6t000 29ob01 50o000 133·93?. 20t000 (),087 250 2?.4t994 4o500 lOOo022 2o036 93o995 24e000 49o704 254 33.000 24!:1o7t,.4 25ollll0 le791 loo.ooo 956 99o991 26t518 lo&07t40l PAGF 1 - - • • (£ OTHFII: ~ATFP CO~~fCTIQN CHIAGI'"S PAwl IIIIATF.r-SALES IIIA!;TF wATFP INTF~FST fA~Nl~b~ ~fNTt.L I~.o CC•"'~ GAT"-(OJ.; LOS~I ON S6LF OF AS~F.TS MJSULL""'f(IU~ ~IIR TOTAL TOHL ... r:VFNLIF<; • • • • ( 0FP4i.IT~FNT OF ~l~ANCF ~<'EAlliATliiN OF -iUOI>t.l£0 w~VENUFS •ATF~ FuM.: Tt<kOU6H JUL ..Sl h7C# ~O~TIO~ OF YFAQ TO OATf-,d .. ~UOGE. lEU CU~~ MONTH PEVF.hUtS AEVENUfS 2,271,765 247o422 65,000 25o56"' 230,000 lOoOOO 0 0 4,11t000 ll4o477 ;,,c;oo 540 0 u 4Ut000 238 5!)bo500 1~0·824 3o06\192b5 39tto246 • • • PAGF f. YR-TO-OAlf .. OF LIST YEAR LASl AFVFNUI'"S ~UUG TO DATF yp ' loJ2Ao6lK 58 1,313,660 56 4~o499 75 61,268 73 237o940 103 242,452 94 0 0 ll4o477 2~ 311,417 71 ?o1b'l '"' 2,214 65 lbO u 19o02ts 41S 10,416 100 42?o873 76 627,767 79 lo75lo49l 57 1,941,427 62 - • • AIJf· UC. )<•7Q SOIII<CF OF <;IJP .. L Y POWFJ< ~ PUJ> ... lfliG PUIH F I C6 TJ Ot-• THAN~~ISSJO~ L Ul'iTPl~UTJON AU~I~ISTPATlO~ k G~NFHAL • .. I • • • ~f~-~TM~NT OF f!NA~C~ ~1.1-'H.OlTUw~c; TO !0.,1'1 HU(I(,fl liATFP FIJI•I.I T~~OUu~ JUL ~1 1~79 ... O~TlON OF YFA~ T~ OaT~ ~~' • 3lttt59l 2Jlo652 3olbJo920 3 o4 7!H '380 2ol0 .. ••64 CU"w MONTt1 Fli .. ENDS 6o'102 Hh053 4o73'3o~84 2o~U3o266 .. ,.5.,7 1oJllo0f>2 • ' • YR-Tt)-OA TE .,. OF LAST YfAR LAS " F.XPt::NDS HUOG TO 06TF YFI ~ 12lo99b 38 370.698 74 Rf3o5!S2 37 83.511 41 4o92lo'ld2 156 453.090 90 2o75?ob9l 79 185.224 45 9113o~67 47 378.302 32 R.~~RoiH!S '15 1.470.825 53 - - J ~IT~ iJ -bL'IIt:" !<•J..,F n T .e. L wf \IP'•UF FFI'HdiL (,wt.t•!TS Olt-<t="'-' ltOIIFI<o·t• f"!'•T 4L lt'll ITS "'""' Tf'l Al II I :,-1-I •'> Ill <..•,.. • 1 c ~ ll l "ir-1.; co~ •1• r: r r ~'~ Lrll ><•·•·c; l'~~tll t: C I :rv co••··~ r: r 1 r·r· '-""'"''~ ... '"ll'>lllf C 1 T 'I' I I\.~P •CTII H li-Aw ~,,~ en ~ . .., T 1-ur r I ,.~, wA<,H -"f" Tr-"' '-,f,oA,.I L ('·~t, ~ A•·tL Y<.;J<, l "'fl',.>.,-c;T ,6...,"'}""'"" wrt~.o T t>l I '( n ... F ., I <..r •LL A••' <·''~ <;Iff-'Tt 1 ;, L • TI •T ~l rf-V'"r·~~~~'-' • • • • ··• .... , ... r,.. .• -,,,. OF ~ !•J.:.rw• ~• .. Lli~<TI•tt.: 1 ;1" <,tt ·Jut l~u '-'oll t:'ltt >.., .,.,..,.,-~ FUI•u l~•~'Olii.>H ,JI.JL .H l'}'f<l f-'IJt·liU'II Uf YFIU< H, llATF :,1-!'fo .,,JIJGE. 1 E. 0 CliMk "'0NTH l-lfVF.:t..lJt ~ l<fVt:::"'IJFS l'lbt4~~ 0 .: ... ~511 0 2d. 011 0 929,660 .. 5 .}">'1 50,000 f.o'I07 900,000 lO.,o£1Y 0 1'11:":1 9,000 1':-ob '111•001) 27o'l4£ 0 JOII b:>t3b'l 0 l~=>•)~Y J.41o33~ ?o?b:>t04i, J.>;"-o'>Uh • 0 • 'l't>-TO-OATF. .. Of LAST 'I'FAH LAST ~F'VF'IIIU•~ 'iUUI:i Tv [lA Tf Yw 'i' u 0 0 0 0 0 0 0 0 0 0 0 .... ~.J~r, 49 489,624 59 lq·'>~, 39 57,038 28 A~7er4':)l 100 663,801 73 le47 .. 0 6,441 61 1o5.H 17 ?7o'14l J 1 45,726 41 2o700 0 0 0 1 0 4,802 86 '-~'"'3•=>2'-i bl .. 777,808 70 lo4l-'ob'>C, "" 1,267,432 57 • - T'-F A T•-•F"tH ~A"•l T .\UY ~,.~ H,. A tl "IJ~.I~TI-'tTlC '"' 11o {;f'Nf'..,AL • • • • L 1 ~ .-I • ..,T t·•Fo•f otF" t i fl .. ol l_i' !'A>'ft :IJ IIL•w<"<., TIJ !'-#('-# "'ill >t •tl ~~\.!r:W Fu r~u T•1"<lllJI.H JlJL .JI }'17'1 ~u~110~ OF YfAN lU U ATF ~d~ ANI~L·AL C U I'IK "'ONTH >iUOut.T F",U"['IIU5 2oJOIIoOOO 0 b1tf>fl3 ~.bt>to lol.Jbtli7io };>.~27 ...... bt557 l"·b'il • Y~-TO-OATE E aPr: ~IDS 7'1o4dl <;Jo121i ?43o'll22 J74·"'"1 ~ Of 'iiJO<> J 86 11 • PAGF 1,1 LAST YfA~ LAST TG DATF y~ % 89,697 8 32,091 62 255,281 42 377,069 21 • - • • ( • , • • • 8 4 BY AUTHORITY ORDINANCE NO. ~ SERIES OF 1979 COUN CIL BI LL NO . 4 0 INTRODUCED BY CO UN CILMAN CLAYT ON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. WHEREAS, there presently exists a 81.15 foot wide right-of- way at East Eastman Avenue and widens to 82.25 feet at East Floyd Avenue on the West side of South Clarkson Street in the 3200 Block; and WHEREAS, the Planning and Zoning Commission of the City of Englewood found and determined that said right-of-way was not needed beyond 66.18 feet at East Eastman and 64.25 feet at East Floyd Avenue; and WHEREAS, the Planning and Zoning Commission recommended to City Council on July 17, 1979 that the excess right-of-way on the west side of the 3200 Block of South Clarkson Street be vacated and that an easement be retained to provide access to utility service lines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Revised Statutes, 1973, as amended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more particu- larly described as follows: Beginning at the Northeast corner of Lot 48, Block 8, Hawthorn Subdivision, thence East 15 feet; thence South to a point 18 feet East of the Southeast corner of Lot 25, Block 8; thence West to the Southeast corner of said Lot 25; thence North along the East line of Block 8 to the point of beginning, containing 9900 square feet more or less. Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. • I • • - - c • • • , • • • Section 3. The vacation of the hereinabove described property wi l l not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone and similar lines and appurtenances, if any, now located in the herein- above described parcel vacated. Introduced, read in full, and passed on first reading on the 20th day of August , 1979. Published as a Bill for an Ordinance on the 22nd day of August , 1979. Read by title and passed on final reading on the 4th day of September, 1979. Published by title as Ordinance No. ________ , Series of 1979, on the day of September, 1979. Attest: Mayor Janice L. Watkins, Deputy City Clerk I, Janice L. Watkins, do hereby certify that the above and foregoing is a true, accurate and complete copy of a liill fer an OrdiRaRce, iReate&aced, rea& ift fall, and passed 011 first ~e••iR~ Gn ~Re day o! , 1979, :~~~~7,~~~~(~ -(/ _iit:l..t.., A.4J ~ /Jf£J'&rcet:Watkil(r, Deputy C1.ty Clerk -2- • I • • - - • • ( • ORDINANCE NO. \..f'q SERIES OF 1979 • • • BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE VACATING A PORTION OF THAT CERTAIN RIGHT-OF-WAY IN HAWTHORN SUBDIVISION ON THE WEST SIDE OF 3200 BLOCK OF SOUTH CLARKSON STREET AND RETAINING CERTAIN EASEMENTS THEREIN. WHEREAS, there presently exists a 81.15 foot wide right-of- way at East Eastman Avenue and widens to 82.25 feet at East Floyd Avenue on the West side of South Clarkson Street in the 3200 Block; and WHEREAS, the Planning and Zoning Commission of the City of Englewood found and determined that said right-of-way was not needed beyond 66.18 feet at East Eastman and 64.25 feet at East Floyd Avenue: and WHEREAS, the Planning and Zoning Commission recommended to City Council on July 17, 1979 that the excess right-of-way on the west side of the 3200 Block of South Clarkson Street be vacated and that an easement be retained to provide access to utility service lines. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: Section 1. The hereinafter described property located in the City of Englewood, Arapahoe County, Colorado, be and the same is hereby declared vacated pursuant to the provisions of Part 3, Article 2, Title 43, Colorado Revised Statutes, 1973, as amended, and title thereof shall vest in the owners of the abutting land as provided in said Article, said vacated land being more particu- larly described as follows: Beginning at the Northeast corner of Lot 48, Block 8, Hawthorn Subdivision, thence East 15 feet: thence South to a point 18 feet East of the Southeast corner of Lot 25, Block 8; thence West to the Southeast corner of said Lot 25: thence North along the East line of Block 8 to the point of beginning, containing 9900 square feet more or less. Section 2. The hereinabove described land is located entirely within the City of Englewood and does not constitute a boundary line between the City of Englewood and any other county or other municipality. I • - - c • • • • • Section 3. The vacation of the hereinabove described property will not leave any adjoining land without an established public road connecting said land with another established public road. Section 4. The City of Englewood does hereby expressly reserve the rights-of-way or easements for the continued use of existing sewer, gas, water, or similar type lines and appurtenances, and for ditches or canals and appurtenances, for electric, telephone and similar lines and appurtenances, if any, now located in the herein- above described parcel vacated. Introduced, read in full, and passed on first reading on the 20th day of August , 1979. Published as a Bill for an Ordinance on the 22nd day of August , 1979. Read by title and passed on final reading on the 4th day of September, 1979. Published by title as Ordinance No. _______ , Series of 1979, on the day of September, 1979. Attest: Mayor Janice L. Watk1ns, Deputy City Clerk I, Janice L. Watkins, do hereby certify that the above and foregoing is a true, accurate and complete copy of ~ &ill ie• an Ordinance, ia,ra•weed, f@id lri !all, and paaaeS eft lira-saading on t.b8 day of -J..u~9'T9_:-~~~ ~.o---nd ~·A.L~~7 tJ1tL ,u_ ~ ~-~~ ~ (~?l?, Jan1ce L. Watk1ns, Deputy C1ty Clerk -2-I • - • • ( • RESOLUTION NO.~ SERIES OF 1979 • • • 8 B A RESOLUTION APPROVING THE APPLICATION OF COLORADO PIZZA CORPORATION, DOING BUSINESS AS MR. GATTI'S, FOR A RETAIL 3.2% BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT 225 EAST JEFFERSON AVENUE, ENGLEWOOD, COLORADO. WHEREAS, Colorado Pizza Corporation, d/b/a Hr. Gatti's, has made application pursuant to the provisions of Article 47, Title 12, CRS'73, as amended, for a 3.2 Beer License to be located at 225 East Jefferson Avenue, En~lewood, Colorado; and WHEREAS, notice of said application and notice of public hearing thereon having been given and the hearing having been conducted on the 23rd day of July, 1979 before the City Council, as the local licensing authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, as follows: That based on the application of Colorado Pizza Corporation and the testimony and exhibits received at the public hearing, the City Council of the City of Englewood, as the local licensing authority, does hereby make and adopt the following findings and conclusions: 1. That all legal notices, publications and postings with reference to the public hearing were proper and consistent with the requirements of Article 47, Title 12, CRS '73, as amended. 2. That the City Council designated an area of one (1) mile in radius as the "neighborhood" to be considered in granting the applicant's request for said 3.2 Beer L i cense. 3. Hr. Max Scott, President of Oedipus, Inc., 1200 Pearl Street, Boulder, Colorado, testified that he was employed by the City to conduct a survey to determine the needs and desires of the residents of the neighborhood. He submitted 6 petitions (City's Exhibits•c1"through"C6")together with a report of the survey (City's Exhibit "B ) . 4. The results of the Oedipus survey revealed that 935 total contacts were attempted and of that figure, 304 were not at home, but 631 actual contacts were made within the defined neighborhood. Of the 631 actually contacted, 379, or 60.06\, signed the petit i on stating that the needs and desires of the neighborhood were not I • - - • • • • • • met; 76, or 12.04\, stated that the needs and desires of the neighborhood were met and signed petitions against the issuance of of the license; 36 of those contacts would not sign any petition; 62 preferred to remain neutral; 62 were not qualified to sign any petition. The remainder gave other miscellaneous reasons for not signing the petition either for or against the issuance of a license. S. Mr. John Odell of 10700 E. Dartmouth Avenue, Denver, appeared as a witness on behalf of the applicant corporation, offered testimony as to the background and concept of the Mr. Gatti's restaurant, and also offered testimony as to the needs and desires of the area as well as the control and dispensing of 3.2 beer in the restaurant. Mr. Raymond H. Hall, owner of Tender Lean Meats, 295 E. Jefferson Ave., Englewood, appeared before Council, was sworn, and stated that in his opinion the needs and desires of the area for the restaurant serving 3.2 beer were not being satisfied at the present time. Ms. Natasha Nola, 13200 E. Glendale Place, Aurora, appeared before Council and was sworn. Ms. Nola's testimony was that she is the owner of Hair Flair Beauty Salon located in the Dry Creek Shopping Center where the proposed Mr. Gatti's will be located. Ms. Nola Stated she felt the needs and desires of the neighborhood were not being met and would patronize the restaurant. Mr. William Honeyman, 3226 S. Sherman Street, Englewood, appeared before Council and was sworn. Mr. Honeyman's testimony essentially was that he felt the needs and desires of the neighbor- hood were not being met. 6. No one appeared in person to oppose the issuance of the license and no petitions were presented in opposition to the issu- ance of the license. City Council, therefore, finds and determines that, based upon the foregoing and the entire record and evidence contained herein, the needs and requirements of the neighborhood, as estab- lished herein, have not been met by existing licenses and that the application herein for 3.2 Beer License for consumption on the premises should be and is hereby granted. ADOPTED AND APPROVED this day of September, 1979. Attest: Mayor Deputy C1ty Clerk -2- I • ...... ( • • I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, Colorado, hereby certify that the above is a true, accurate, and complete copy of Resolution No. , Series of 1979. Jan1ce L. Watkins, Deputy C1ty Clerk -3-I • - • • • • • CERTIFICATE OF SUFFICIENCY TO MAYOR AND MEMBERS OF CITY COUNCIL CITY OF EHGLBWOOD, STATE OF COLORAOO: STATE OF COLORAOO COUNTY OF ARAPAHOE as. I, WILLXAM D. JAMES, Director of Finance, Ex Officio City Clerk-Treasurer, hereby certify that I have examined the signatures • on the Petition for the recall of Donald W. Harper, Councilman fro. District 4, and they appear to .be signed by 108, the requisite auaber of signers who are qualified electors. That no protest was filed in this office to said Petition within fifteen (15) days after August 15, 1979, and that pursuant to c.R.S. 1973, 31-4-503(4) and Article IV, Section 34,of the City Charter, the undersigned hereby certifies the sufficiency of said Petition for Recall and sets the date for said Recall Election to be Noveaber 6, 1979. Dated at Englewood, Colorado, September 4, 1979 • • I • • D - • • • • • • RESOLUTION NO. J' SERIES OF 1979 • A RESOLUTION ORDERING A MUNICIPAL RECALL ELECTION TO BE HE LD ON TUESDAY, NOVEMBER 6, 1979; CANCELLING THE RECALL ELECTION PREVIOUSLY ORDERED FOR SEPTEMBER 18, 1979 BY RESOLUTION NO. 30, SERIES OF 1979. WHEREAS, on July 31, 1979, Recall Petitions sufficient i n numbe r were submitted to the City Clerk requesting the recall of Counc ilman Donald W. Harper from District 4 of the City of Englewood, pur suant to Article 34 of the City Charter; and WHEREAS, on August 6, 1979, the City Council adopted and approved Resolution No. 30, Series of 1979, directing that a Recall Electior. for said officer be held on September 18, 1979 sub j ect, however, to the provisions of Part 5, Article 4, Title 31, CRS '73, as amended; and WHEREAS, on August 9, 1979, a protest in writing under oath to the Recall Petitions was filed pursuant to 31 -4-503(2) CRS '7 3, as amended, and a hearing to determine the sufficiency of said petitions was set for August 17, 1979; and WHEREAS, on August 15, 1979, said Recall Petitions were with- drawn by a person representing the signers of said petitions and refiled in amended form on said date as original petitions; and WHEREAS, Section 31-4-503(2), CRS '73, as amended, provides that a written protest under oath may be filed with the City Clerk fifteen (15) days after submitting or the filing of said petitions; and WHEREAS, no written protest under oath has been filed or received by the City Clerk within the time required; and WHEREAS, pursuant to Article .34 of the City Charter, the City Clerk must set a date for the recall election to be held with i n n i nety (90) days following the filing of said Petition; and WHEREAS, the City Clerk has set the date of the Recall Election for Councilman Donald W. Harper for November 6, 1979 • NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO UNCIL OF THE CI TY OF ENGLEWOOD, COLORADO, as follows: Section 1. That a municipal Recall Election is hereby ordered and directed to be held on Tuesday, November 6, 1979. Section 2. That Resolution No. 30, Series of 1979, directing a Recall Election to be held on September 18, 1979 is hereby vo i ded and to have no further force or effect . I • • - - • • • • • 0 • ·. Section 3. That the City Clerk and the Englewood Election Commiss i on are hereby directed to give notice and to provide for said election as is required by law. ADOPTED AND APPROVED this 4th day of September, 1979. Attest: Mayor Deputy City Clerk I, Janice L. Watkins, Deputy City Clerk of the City of Englewood, State of Colorado, hereby certify that the above is a true, accurate and complete copy of Resolution No. , Series of 1979. Janice L. Watkins, Deputy City Clerk -2- I . - - • • • MEMORANDUM TO: FROM: Andy McCown, City Manager William D. James, Director DlTE: August 15, 1979 ~~ of Finance•~ SUB.JECT: Recall Petitions, Donald W. Harper and Special Election, September 18, 1979 The recall petitions submitted on CounciLman Harper on July 31, 1979, were withdrawn today, August 15, 1979, by Elaine ~ing. The petitions were withdrawn because they did not contain the affidavit required by 31-4-503(2), C.R.S., 1973, as amended. Mrs. ~g resubmitted the petitions for recall containing the affidavit of the petitioner as required. This changes the date of receipt of the petitions from July 31, 1979, to August 15, 1979. The Special Electi~. scheduled for September 18, 1979 is cancelled. The recall of CounciLman Harper will be included on the General Municipal Election, November 6, 1979. City Council should take action to cancel the Special Election on September 18, 1979. They should also take action to include the recall on the General Municipal Election, November 6, 1979. /jlw cc: Bernard Berardini, City Attorney I . . - - • • • • B o P R 0 C L A M A T I 0 N ------------ WHEREAS, according to highly qualified scientists in cancer research, we are walking around with a little time bomb in us from the environmental carcinogens that we have in our systems: this bomb may well explode on us ten, fifteen, or twenty years from now in tremendous nuabers: and WHEREAS, d..agraphic and health trends suggest that deaths from cancer aay number about Eight Million annually by the year 2000, according to a WOrld Health Organization report: and WHEREAS, well publicized September Bth, National Cancer Day, with free cancer checkups to thoae who can't afford it during September 7 -11, could mobilize the population for early cancer checkups: and WHEREAS, the United Cancer Institute has proposed a Cancer Control Program, under the auspices of every health department of our nation, in recognition of September Bth, National Cancer Day, a program of free cancer checkups to those who can't afford it, to be conducted during the week of September 7 -11, 1979: and WHEREAS, it is the belief of the medical profession that cancer is curable if detected and treated in its early stages and that this practice would result in the savings of millions of lives each year. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby proclaim September B, 1979 tc be NATIONAL CANCER DAY in the City of Englewood and urge all residents to seek early checkups in their communities. GIVEN under my hand and seal this 4th day of September, 1979. I . - - ( • • • .. • WHEREAS, according to highly qualified scientists in cancer research, we are walking around with a little time bomb in us from the environmental carcinogens that we have in our systems; this ~ .ay well explode on us ten, fifteen, or twenty years from now in tr ... ndous nuabers; and WHEREAS, d.-ographic and health trends suggest that deaths froa cancer .. y nuaber about Eight Million annually by the year 2000, according to a World Health Organization report; and WHEREAS, well publicized September 8th, National Cancer Day, with free cancer checkups to those who can't afford it during Septe.ber 7 -11, could mobilize the population for early cancer checkups; and WHEREAS, the United Cancer Institute has proposed a Cancer Control Proqraa, under the auspices of every health department of our nation, in recognition of September 8th, National Cancer Day, a program of free cancer checkups to those who can't afford it, to be conducted during the week of September 7 -11, 1979; and WRBREAS, it is the belief of the medical profession that cancer is curable if detected and treated in its early stages and that this practice would result in the savings of millions of lives each year. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby proclaim September 8, 1979 tc be NATIONAL CA!ICER DAY in the City of Englewood and urge all residents to seek early checkups in their ca.aunities. 1979. GIVEN under my hand and s eal this 4th day of September, Mayor • I • • - • • • • • • PROCLAMATION ------------ WBBREAS, according to highly qualified scientists in cancer research, ve are walking around with a little time bomb in us from the enviro~ntal carcinogens that we have in our systems; this bomb .. y well explode on us ten, fifteen, or twenty years from now in tr ... ndoua nuabers; and WHEREAS, ~raphic and health trends suggest that deaths from cancer aay nuaber about Eight Million annually by the year 2000, according to a WOrld Health Organization report; and WHEREAS, well publicized September 8th, National Cancer Day, with free cancer checkups to those who can't afford it during September 7 -11, could mobilize the population for early cancer checkups; and WHEREAS, the United Cancer Institute has proposed a Cancer Control Prograa, under the auspices of every health department of our nation, in recognition of September 8th, National Cancer Day, a program of free cancer checkups to those who can't afford it, to be conducted during the week of September 7 -11, 1979; and WHEREAS, it is the belief of the medical profession that cancer is curable if detected and treated in its early stages and that this practice would result in the savings of millions of lives each year. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby proclaim September 8, 1979 tc be NATIONAL CAReER DAY in the City of Englewood and urge all residents to seek early checkups in their communities. GIVEN under my hand and seal this 4th day of September, 1979. Mayor I • - - • ( • • • • PROCLAMATION ------------ WHEREAS, according to highly qualified scientists in cancer research, we are walking around with a little time bomb in us from the environ.ental carcinogens that we have in our systems: this bomb may well explode on us ten, fifteen, or twenty years from nov in tremendous nuabers; and WHEREAS, d..ographic and health trends suggest that deaths from cancer aay number about Eight Million annually by the year 2000, according to a MOrld Health Organization report; and WHEREAS, well publicized September 8th, National Cancer Day, with free cancer checkups to those who can't afford it during September 7 -11, could mobilize the population for early cancer checkups: and WHEREAS, the United Cancer Institute has proposed a Cancer Control Prograa, under the auspices of every health department of our nation, in recognition of September 8th, National Cancer Day, a proqraa of free cancer checkups to tbose who can't afford it, to be conducted during the week of September 7 -11, 1979: and WHEREAS, it is the belief of the medical profession that cancer is curable if detected and treated in its early stages and that this practice would result in the savings of millions of lives each year. NOW, THEREFORE, I, JAMES L. TAYLOR, Mayor of the City of Englewood, Colorado, do hereby proclaim September 8, 1979 tc be NATIONAL CAHCER DAY in the City of Englewood and urge all residents to seek early checkups in their c~unities. GrvEN under my hand and seal this 4th day of September, 1979. Mayor I • - • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJE'CT August 23, 1979 9 A Calendar dates for public hearings on 1980 proposed budget INITIATED BY William D. James, Director of Finance ACTION PROPOSED Setting public hearing dates for a Prebudget hearing and for the Proposed Uses of Revenue Sharing Funds for 1980 • r INTBODUCTION: The proposed 1980 budget will be submitted to Council on or before September 15, 1979. As part of the budget process, public hear- ings are held for the purpose of hearing citizen input. BACKGBOUND INFOBMA'IION: In accordance with the City Charter, Council is required to set a public hearing on the budget within three weeks of receipt of the proposed budget. This date will probably be established at the regular Council meeting on September 17, 1979. However, in accordance with the revenue sharing law, the City Council is required to hold a public hearing on the proposed uses of revenue sharing funds. This hearing is generally held before budget retreat. Also, for the past two years, prebudget hearings have been held . This hearing is not required by law but can be set at the discretion of Council. CONCLUSIONS & RECOMMENDATIONS: It is recommended that Council set public hearing dates for a prebudget hearing and one on revenue sharing funds. The follow- ing dates are recommended: Prebudget Hearing Proposed Uses for Revenue Sharing Funds September 17, 1979 September 17, 1979. I • • - • • ... ( • • SUGGESTED ACTION: ~VED BY _________________ _ I . SECOND·-------------- YES ______ No. ____ ABSENT _____________________________ _ • • - • • • • • • DAVID E . CLAYTO~ 45 09 SOUT!i ACOl·iA ENGLE1vOOD, CO 80110 September 4, 1979 To The Citizens of En gle wood Thank You for the opportunity of servine each of you on the Snglew-.~od City Council for the past five years, this has been a real Honor and Privilege . There have been many steps for~"ard in the past five years and I am happy to have been a part of this progress. At this time, I do not intend to seek reelection as Councilman at Large to the EnGlewood City Council in the November , 1979 Englewood City Election. Thanks A6 ain to each for the opportunity of Serving You! Sincerely, ~;e~·;!/~ Dave Clavton " 1·\ember · Enblcwood City Council • I • •