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Home My WebLink About1977-10-03 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CI TY OF EN GLEW OOD, COLORADO October 3, 1977 The City Council of the City of Englewood, Arapahoe County, Colorado met in regular session on October 3, 1977 at 7:30 P.M. ~or Pro Tem Clayton, presiding, called the meeting to order. The invocation was given by Mayor Pro Tem Clf1¥ton. The Pledge of Allegiance vaa led by Councilman Y.ann. Mayor Pro Tem Clayton asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Brown, C1&¥ton. Absent: Council Member Taylor. The Mayor Pro Tem declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Curnes Assistant City Attorney De Witt Fire Chief Hamilton Acting Employee Relations Director Brown Director of Finance/City Clerk James Deputy City Clerk Watkins • • • • • • COUlfCILMAN MANN MOVED TO ACCEPI' THE MINUT~ OF THE SPECIAL CITY COUNCIL MEETING OF SEPI'EMBER 12, 1977. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: qea: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Naya: None Absent: Council Member Taylor Th e Mayor Pro Tern de c l ared the motion carried. • * • • * * COU KI .: i .b CJ.-:;; :'.,.VED TO ACCEPT ""'HE IH.'1UT.i:,S OF TH E ·,r;_,ULhn CI'r Y C CIL J.1EET I lG OF SE:P 7 ;. E ~ 19 , 1977. Councilman Williams s e conde d the mo ti on . U on a call of t he r o ll , 1 e ote resulted as f o ll ow s: October 3, 1977 Page 2 Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Nays: None Absent: Council Member Taylor The Ma¥or Pro Tem declared the motion carried. • • • • • • Pre-scheduled visitors Mrs. Marie Kincaid, Jr., 390 E. Jefferson Dr., Past President ot the Veterans of Foreign Wars Ladies Auxiliary Post 322; Viv i an Ostby, 4265 s. Li pan, President of the Veterans of Foreign Wars Ladies Auxiliary Post 322; Alan Rice, 3860 s. Jason, Commanding Officer, Post 322; appeared before the Council and presented the City of Englewood with two new flags. Chief William Hamilton; Captain Edlen Boe, Englewood Fire Department; and Mrs. Gladys Ma.lgren, President ot Tenant Council, Simon Center, appeared before the Council to accept the flags on behalf of the City. • • • • • • COUNCILMAN SMITH MOVED THAT THE CITY COUNCIL DECLARE THE WEEK OF OCTOBER 16 -22, 1977, AS THE "NATIONAL BUSINESS AND PROFEESIONAL WOMEN'S WEEK" AND A PROCLAMATION STATING SUCH BE PRmmTED TO THE ENGLEWOOD BUSINESS AND PROFE!3SIONAL WOMEN'S CLUB AND THE ENGLEWOOD CENTENNIAL BUSINESS AND PROFESSIONAL WOMEN'S CLUB. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Nays: None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. Mayor Pro Tem Clayton presented the Proclamation to Mrs. Jean Bown, President and Pauline Barlow, First Vice President of the Englewood Business and Professional Wo men's Club; and to Jackie Moore, First Vice President and Paula Seigel of the Englewood Centennial Business and Professional Women's Club. rese The representative s o f these two groups thanked the Council for the I tat ion and t he pr ivilege which honors t h eir professional group. * * * * * • l•:r . Ri c a rd ~i:i is o n , 9702 S. Didson, President of the Firefighters Uni on #1736 and .'r •. on ·.:c ai , 971 S. Miller Way, Lakewood, Direc to r of Publi c ~e }atio ns o f the F i re · "" rs ni o n #1736 appeared before the Counc il anC. t e •:i. 1ers of th e fire prevention poster c ontes t . Fire ;.:ayo r ro Tern Clayton joined Mr. Edison and Mr. J.;cLa i n e . tl:.ti on of e.,,.·ard s. Ea ch winn e r of each category displ ayed hi s r h e r p s t.e r "S ""l .~.· ·.:_:·e r :i o u nced . The winn e rs a re Chris Wort h, October 3, 1977 Page 3 Kindergarten category; Tami Pickerel, Primary category; Mike Kerswill, Junior High category; Paula Thornhill, Senior High category; and Katherine Lavine, Adult category. • • • • • • Pre-scheduled visitor Mr. John Littlehorn, 4530 South Broadwa\Y, appeared before the Council to appeal a Planning and Zoning Commission decision concerning the property in the vicinity of South Lipan and West Quincy. Mr. Littlehorn requested the Council to set another public hearing. COUNCILMAR SMITH MOVED TO POOTPONE MR. LITTLEHORN'S REQUEST UNTIL THE NEX'l' REGULAR CITY COUNCIL MEETING, OCTOBER 17, 1977, ALLOWING THE COUNCILMEI Al OPPORTUNITY TO REVIili THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION AND DETERMINE WHgrtHER AIOTHER PUBLIC HEARING IS NECESSARY. Councilman Williams seconded the motion. Upon a call ot the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Cla\Yton Nays: lone Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • • • COUNCILMAN MAIN MOVED TO OPEN THE PUBLIC HEARING ON THE PROPOSED WE OF REVENUE SHARING FtJNm AND THE 1978 BUDGET. Councilman Brown seconded the motion. Upon a cal~ ot the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Nays: None Absent: Council Member TS\Ylor The ~or Pro Tem declared the motion carried. Director of Finance Bill James appeared before the Council to present the 1978 Budget and proposed uses of revenue sharing funds. Director James presented exhibits of the 1978 budget; primarily the anticipated revenues and expenditures for 1978, t h e p r op erty tax n ill levy and the anticipated General Fund balance for 1978, c on1-enting on pertinent funds and figures. Director Jarn es stated t h at the t o tal b udget :no unt ed to $13, 496, 000 a nd compared to last y ear's b u dget o f ~14 , 98 ,oo , t e l ~ ?8 b ~-cet i s a 6 .5~ de crease. Director Je.m es noted t h at the 1978 u g et i s a de crE:a s e because of the completion o f he Bi-City _ r e atr e t P an p r j e ct ; h o·h·ever, the net increase for 1978 i s 5. 4% inc r e ase ·.,;} e n the i-C · ty Tre atm ent Pl ant construction costs are taken o ut. Direct o r P-.es p ·i ed o t t ha th e C un ci 1 doe s not propo se a tax i c rea se f or 19 78 and t hat the mill l evy will rer:iain at 7. 00 mills; nor does t he Coun c il p r ,p se an i n c reas e in the se~er fee. Director James stated that t h e vater s olu ion is pen i n g . Octob er 3, 19 T f Page 4 Director of Finance James also presented the proposed uses for revenue sharing funds for 1978 which are $465,00 for storm drainage, $2,000 for administrative costs; and $190,000 for the library expansion. Director James discussed the supplemental budget requests that I Council has considered and noted that the amount of dollars shown in the 1978 budget under anticipated General Fund balance would be reduced by approximately $130,000. Director Jame• concluded stated that Council's main concern is that the 1978 expenditures exceed the 1978 revenues which creates an undesirable situation and that the Council is comtemplating establishing a citizen tax conunittee and arranging for operational audits for input and possibly alleviating similar situations in the future. Mayor Pro Tem ClB¥ton asked it there was anyone in the audience wishing to speak on the budget. Carl Olson, 2958 s. Lincoln, appeared before the Council and stated that he objected to Dartmouth Street being widened east of Santa Fe. Mr. Olson stated that most of Dartmouth Street east of Santa Fe was residential and widening Dartmouth would produce heavy and hazardous traffic conditions. Eva Eisenberg, 4955 s. Galapago, appeared before the Council and inquired as to whether the intersection of Dartmouth and Santa Fe was going to be improved while Dartmouth was being widened. Mayor Pro Tem Clayton responded that the intersection of Dartmouth and Santa Fe is scheduled to be improved once the transfer of funds from the interstate system tg the federal highWB¥ system has been approved and processed, and that the Dartmouth/Santa Fe intersection is only one of many intersections that are scheduled to be improved. William Anderson, 4981 s. Washington, appeared before the Council and quiered the Council on the 1978 budget, especially on the proposed uses of the revenue sharing funds and monies budgeted in the General Fund. Mr. Anderson critized the budget expressing his opinions as he reviewed the different funds. After a lengthly discussion with the Council, Mr. Anderson thanked the members for the opportunity to speak before them and apologized to anyone whom he may have offended. Oliver Giseburt, 3171 So High, appeared befo re the Council and I stated tha t he v ·e~ed the bu g et as being very large for a City the size of En ewoo d. Mr. Gi seburt su ge"'t ed the City Council establish a citizens ,, . et c r.lm i t e e t would pr ~ nt the bud g et to the Co uncil f or c onsideratio :.:r . ii e r t ;: s c f ... e o · ni o n t. t such a committee coul decreas e the b 1g et enou h t o bring ab out a tax cut. Oc ober 3, l~TT Page 5 John Littl~horn, 4530 South Broadway, appeared before the Council an d complimented the Council on the 1978 budget and praised the progressive direction in which the City of Englewood was moving. Mr. Littlehorn requested the Council to consider funds be appropriated in the budget for the engery conservation studies and general natural resource conservation studies. Ma1'or Pro Tem Cl8'1ton declared a recess at 9:20 P.M. City Council reconvened at 9:40 P.M. Upon a call ot the roll, the following were present: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Absent: Co uncil Me mber Taylor The ~or Pro Tem declared a quorum present. Mayor Pro Tem Clayton asked it there was anyone else in the audience wishing to speak to the Council concerning the 1978 budget and uses for revenue sharing funds for 1978. No one responded. -COUNCILMAN SMITH MOVED TO CLOOE THE PUBLIC HEARING. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Me mbers WilJ -:.ams, Sovern, Smith, Mann, Brown, Clayton Bays: None Absent: Council Members Taylor The Mayor Pro Tem declared the motion carried. • • • • • • "Communications-No Action Recommended" on the agenda were received: (a) Minutes of the Denver Regional Council of Governments meeting of August 17, 1977. (b) (c) ( d ) Minutes of the Englewood Housing Authority meeting of Aug ust 23, 1977. ·iin tes o f t he Parks and Recreation Comm issi on meeting o f Septer1ber 8, 1977. ;.: • 1 ,.:s o f t, Board o f C re e r e r vi ce Co runis i one rs me ti of ..... ~1 tc nbe r 15, 19 77. (e ) r.~inutes o f the Water a nd S ew er Bo a.rd meet ing of September 20, 977 . ( f) ;.:e r:.~?'~ n 1.l.."'.l f r om the Di r ecto r o f Cornr nuni ty Deve lopment to the Ci ty ·.:a na c;e r c n c ernir.g a tend a nce a t the A .eric an S o ci e ty ::-:· · · ·,: __ , :'ficials /-. _ u 1 u lJ ~er e nce i n San Di ego. * * * * * * October 3, 1977 Pag e 6 City Manager Mccown presented a recommendation from the Planning and Zoning Conunission meeting of September 20, 1977 concerning the findings of fact relating to the Cherokee Kiva Planned Development. COUNCILMAN SOVERN MOVED TO RECEIVE THE FINDINGS OF FACT FROM THE I PLANNING AND ZONING COMMISSION OB THE CHEROKEE KIVA PLANNED DEVELOPMENT AND TO INSTRUCT THE CITY ATTORNEY'S OFFICE TO PREPARE A DOCUMmT ON FINDINGS OF FACT FOR THE COUNCIL TO APPROVE AT THE NEXT REGULAR MEm'ING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Nays: None Absent: Council Member T~lor The Mayor Pro Tem declared the motion carried. • • • • • • City Manager McCown requested the City Council to confirm a new date on the continuation for a public hearing on Hampden Professional Park Subdivision final plat. COUNCILMAN SMITH MOVED TO SE!' OCTOBER 31, 1977, at 7:30 P.M. AS 'llfE NEW DATE FOR THE CONTINUATION OF A PUBLIC HEARING ON HAMPDEN PROFESSIONAL PARK SUBDIVISION FINAL PIAT. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follOW's: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton . Nays: Bone Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • • • City Manager Mccown presented letters Draper who is resigning from the En lewood City .U-. J ohn E. Kramer who is resi g nin g as Chairman Appeal s. of resignation from Mr. Edward Retirement Board a nd from I on the Board of Adjustment a.nd Co ci l~a n ~·n r u s t e d staff to provide .~es ~1d re ~~e s o f p eople who had previ ously i quired a bout these positions an d that n otices of the available vacancies be published in Zone 2 and the Sentinel. October 3, 1977 Page 1 COUNCILMAN SMITH MOVED TO ACCEPT THE RESIGNATIONS OF MR. EDWARD DRAPER AND MR. JOHN E. KRAMER FROM THEIR RESPECTIVE BOAROO AND THAT A LEI'TER OF APPRECIATION AND THANKS BE SENT TO EACH ONE. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Nqs: None Absent: Council Member Tqlor The ~or Pro Tern declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN MAD BY AUTHORITY ORDINANCE NO. 24 SERIF5 OF 1977 AN ORDINANCE APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COil>RAOO AND THE ENGLEWOOD HOUSING AUTHORITY RELATING TO THE HOUSING REHABILI- TATIOlf LOAll PROGRAM POLICIES AND PROCEDURF5. COUNCILMAN MANN MOVED TO PASS ORDINANCE NO. 24, SERIF5 OF 1977 ON FINAL READING. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton Nays: None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • * * I NTRODUCED AS A BILL BY UNC I LMAN MANN A BILL FOR A'i 0 i ,;J;,, E ;j ,~ • ...,,lJ :·; · r-.::.('-='C'_·:o :~s ( e ) TO AND INCLUDING (h) OF ARTICLE I SECTION 1 0 CHAPTER L Tl TIE I., OF 7HE 1969 •,GLEW OOD MUNICIPAL CODE, AS AMENDE D, BY .. ~-0 E. i :G '":·.1 R:::cos::I '. TO ' OF I. ::-S CHE DULED CITIZENS AND VISITORS TO FOLLOW PRE-r1 ,D LE D C,' I Z E.l .l. :D I ITORS . October 3, 1977 Page 8 COUNCILMAN MANN MOVED TO PASS THIS BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the DK>tion. Councilman Mann pointed out that this ordinance allows the non-I scheduled visitors an opportunity to speak before Council early in the meeting so that they will not have to wait the duration of other Council business. Upon a call ot the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BR<Mf A BILL FOR AN ORDINANCE AMENDING SECTION 5 CHAPTER 4 TITLE 6 OF 'IHE 1969 ENGLEWOOD MUNI- CIPAL CODE, AS AMENDED BY DECLARING IT UNLAWFUL TO KEEP HORSm, MULm, SHEEP, DONKEYS AND OTHER ANIMALS AND FOWLS A.ND FUR'rnERMORE THAT NO ANIMAL SHALL DISTURB THE PEACE AND COMFORT OF Alff NEIGHBORHOOD. COUNCILMAN BROWN MOVED TO PASS THIS BILL FOR AN ORDINANCE ON FIRST READING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Ma.mi, Brown, Clayton Nays: None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • * * * • • Ass ista nt City Attorney De Witt informed the Council that City h t t o rne ' Ser rdi ni has file d a brief in the Court of Appeals on the matter o f =.-6: Doo r r a.ri d an argument should be held in the next three mo nths. * • • • * * J..s si stant C' ty Attorn e y De Witt discussed the request for a Charter [.:J';j en '-:ient re garding waking the ;.:ayor' s position on the Water and Sewer Board o p tiona l. . Assistant City Att orney De Witt pointed out the statutory section r " i . t a t an c rdi na . c e h s t o be pass ed by 2/3 mem ber vote and an election • E: ri ~ld no t e ,.. "c.: an 30 da. s an d not rr o r e than 1 20 day s after the I Octobl:i· 3 , lY ('( Page 9 e ffect! ve date of the ordinance. Consequently, such an amendment process would miss the upcoming election. The Assistant City Attorney, however, stated that the City Attorney's office would follow-up on this request at a later time. • • • • • • COUNCILMAN SMITH MOVED 'ro APPOINT GLENNA HALE TO THE REHABILI- TATIOI LOAR PROGRAM COMMITTEE. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follOW's: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Cl~ton Nays: None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • • • City Manager Mccown presented a memorandum on the subject of vertical promotion policy with attachments on the staff survey of pro- motional policies in other municipalities, similar survey on five major firms in Denver, legal opinions from Mr. Stanislaw s. Damas of Mulligan and Damas, P.C., 950 17th Street, Denver, CO 80202 and Mr. John Criswell of Criswell and Patterson, 3780 South Broadw~. City Manager Mccown stated this matter concerned whether the City Council had authority to act on vertical. promotion policies. John Criswell; 3780 South Bro&dw&l', appeared before the Council on behalf ot the Englewood Employees Association. Mr. Criswell stated that the ~loyees Association was mainly concerned about whether the Council had the authority to change working conditions without first negotiating the change with the Employees Association, not the inherent qualities of the vertical promotion policy itself. Mr. Criswell and the Council discussed at length historical background involving the policy; the memorandum from the Career Service Board on the subject and whether the memorandum was a recommendation or a binding decision; and the negiotation provisions as set forth by the Charter. ·1r. C i s well reiterat ed the Em ployees Ass ociation position a nd the Association was concerned about other wo rki ng co nd itions being secure if the Counci l chose t o chan0 e th is policy in "mid-str eam". !·lr. Criswell stated that the Asso ciati on is willing to set d wn and negiot a te the v ertic al promotion po li cy. Coun i lrna n Sovern expressed c on cern on the nebuluo us po sition either side has been ass u ning on the v ertical pr omo t ion po licy e.nd stated that some seri ous personn el p roblems could be creat ed if the facts are not s orted out and evaluated . October 3, 1977 Page 10 City Ma nager McCown stated that staff's research shows such an assumed policy may have been construed in the late 1960's. COUNCILMAN SMITH MOVED TO CONTINUE THE SUBJECT UNTIL THE FIRST MEETING IN NOVD-IBER. Councilman Sovern seconded the motion. Councilman Smith stated that he was concerned about NOT whether the policy was good or bad; but if the policy was an integral part of the contract and if it should be; also, did the Career Service Board make a binding decision;and more importantly, the City's credibility with its employees. Councilman Smith also stated that a thorough evaluation of this matter should be made with all legal representatives present. The reason he moved the date to the first of November was to give everyone concerned advance notice to attend. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Mann, Brown, Clayton Nays: None Absent: Council Member Taylor The Mayor Pro Tern declared the motion carried. • • • • • • City Manager McCown presented a letter from the Denver Board of Water Commissioners requesting an extension of the review period for the water lease and managemen t agreement between the Cities of Englewood and Thornton. COUNCILMAN SOVERN MOVED TO DIRECT THE CITY STAFF TO WRITE A LETTER TO TH E DEl'l VER WA TE R BOARD STATING THAT THE CITY COUNCIL OOF.8 NOT AGREE WITH THE DELAY IN THAT THE CITY COUNCIL'S FINANCIAL PLANNING R~UIRES THAT THE CITY PROCEED WITH THE AGREEM:rnT AND THAT THE CITY COUNCIL SEF.8 VIRI'UALLY NO CONNECTI ON AT ALL BETWEEN DENVER'S FOOI'HILIB PROJECT IN THORNTON AND THE CITY'S RAW WATER, THE PURPOSE OF WHICH WAS THAT THE CITY'S RAW WATER IS TO FIT THORNTON 'S EXISTING FACILITIES AS OPPOSED TO NEW FACILITIES TO BE COASTR UCTED AND PARTIC I PA TE D INT O BY OTHER ENTITIES AT A LATER DATE. o un ilman Willi ms seco ded the motion. I C nci m n Smith r ted to amen d the motion by stating that : e "ty ·1 · ci feels it ri ht b sed on the two contracts. Council- !: ri ·Je 1·n an ·.:" l l i e:.... s c._:re e" t o h e ar..er. c1J ent. Upon ~ c 1 o~ t ;.e l ' 1 , the vote resulted as follows: .. ye s : o ur n :::..: ers -.illiams , Sovern, Smith, Mann, Brow n, Clayton I October 3, 1977 P e 11 Nays : None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • • • COUNCILMAN WILLIAM:> MOVED 'IHAT A PUBLIC HEARING CONCERNING THE ANNUAL ST. LOUIS CA'IHOLIC CHURCH'S DINNER ON NOVEMBER 13, 1977 BE SE!' AT 'IBE NEXT REGULAR COUNCIL MEETING OCTOBER 17, 1977. Councilman Sovern seconded the motion. Upon a call or the roll, the vote resulted as follows: Ayes: Council Members Williama, Sovern, Smith, Mann, Brovn,Clayton Nays: None Absent: Council Member Taylor The Mayor Pro Tem declared the motion carried. • • • • • • Mayor Pro Tern Clayton asked if there was anyone in the audience wishing to speak to the Council. William Anderson, 4981 S. Washington appeared before the Council and commended the bill for an ordinance re-ordering the non-scheduled visitor section to be placed following the ~re-scheduled visitor section; however, Mr. Anderson asked it this prohibited any visitor from speaking to the Council on business that transpired afterwards. Councilman Sovern stated that the rules could be suspended at any time. Councilman Smith stated that no visitor would be denied the opportunity to speak to the Council. Mayor Pro Tem assured Mr. Anderson that the chair could recognize al'\Y visitor desiring to speak to the Council during the meeting. There ei g no furthe r bus iness, the meeting ad jour ne d at 11: 10 PoM. ~~LY~ {ID';;~t y City Clerk