Loading...
HomeMy WebLinkAbout1975-08-18 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO AUGUST 18, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 18, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Fred Hahn of Immanuel Lutheran Church, 3695 So. ·Acoma. The Pledge of allegiance was led by Boy Scout Troop 154 which is spon- sored by the Englewood Volunteer Fire Department. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Absent: Council Member Brown. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Assistant Director of Community Development Romans Deputy City Clerk Johannisson • • • • • • In the minutes of August 4, 1975, Councilman Sovern stated that on Page 22, paragraph 2, he "objected to the concept of the City Attorney being responsible for the redistri- bution of personnel from the Department of Community Development to other departments.if Councilman Clayton's decision is adopted." This should be added to the paragraph. Councilman Clayton said that he and the City Attorney had discussed this and he had no objection to making the change in the Minutes. City Manager Mccown said that on page 18 portion relating to the ~intergovernmental Agreement with the City of Littleton for a fire training facility, paragraph 3 should read "a committee will be established with the follow- ing representation, two from Englewood, one from Littleton, and one from the Littleton Fire District." City Manager Mccown also stated that all references to Acting Director of Community Development Romans should be changed to Assistant Director of Community Development Romans, which pertains to pages 1, 7, 8, 11, and 15. -2 - COUNCILMAN MANN MOVED, COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 21, 1975, AND TO APPROVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 4, 1975 AS CORRECTED. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Mayor Taylor indicated that Mr. Robert White, 3073 South Pearl Street, would not be present at the meeting tonight. • * * * * • Mr. Art Martin, Jr., 5054 So. Grove, Chairman of the Planning and Zoning Commission, was recognized. He spoke on the abolition of the Department of Community Development. He indicated that Englewood needs planned growth, and it is the Department of Community Development which is most important in carrying on this function. It is this department which provides the liaison between the City of Englewood and other governmental and private agencies. To abolish the Department of Community Development would be against good local government, as it is the focal point for the important function of planning. He indicated that many have accused the Department of Community Development of empire building, but he indicated that this is a complaint which can be brought against any municipal government or department whether it be Englewood or any other city. He further stated that many citizens feel that the function of the Community Development Department are finished in terms of the Larwin project, Santa Fe- Union Annexation, and the Core City Plan. While these areas of concern are no longer facing the City, there are others to replace them. He asked that the City Council either table or defeat the bill for an ordinance relating the the Department of Community Development. He further discussed the functions of the Planning and Zoning Commission, in relationship to the City Charter and City Council. Councilman Clayton said that the issue at hand is not one that involves personalities. He also apologized for the comments which he made at the Planning and Zoning Commission meeting which he felt were inappropriate. • • • • • • I -3 - Mr. Tom Burns, Chairman of the Englewood Housing Authority, was recognized. He stated that in his opinion the Department of Community Development .should be retained in the City structure because it has assisted the Housing Authority tremen- dously, in its several housing projects. He said that the Department of Community Development has many fine personnel on their staff, including Lois Kocian, who acts also as the Executive Director of the Housing Authority. He said that the Council should consider the association of the Housing Authority with the Department of Community Development in coming to their decision as to the future of that Department. Councilman Blessing thanked Tom Burns for the fine work he has done for the Housing Authority and for the City of Englewood. • • • • • • COUNCILMAN BLESSING MOVED, COUNCILMAN CLAYTON SECONDED A MOTION TO INCLUDE CONSIDERATION OF A RESOLULTION NOT ON THE AGENDA AT THIS TIME AUTHORIZING THE ISSUANCE OF $2,225,000 IN GENERAL OBLIGATION BONDS TO CONSTRUCT A 104UNIT RESIDENCE FOR THE ELDERLY WITHIN THE CITY OF ENGLEWOOD, COLORADO. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. RESOLUTION NO. 38, SERIES OF 1975 A RESOLUTION SUBMITTING TO THE VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 1975, A PROPOSAL TO AUTHORIZE THE ISSUANCE OF $2,225,000 IN GENERAL OBLIGATION BONDS TO CONSTRUCT A 104-UNIT RESIDENCE FOR THE ELDERLY WITHIN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN BLESSING MOVED, COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 38, SERIES OF 1975. City Attorney Berardini answered Mayor Taylor's question regarding the legality of this by answering that the City Council can place a resolution before the electorate on the ballot. He outlined the resolution to the Council and to the audience, and indicated that the resolution was in order. Mr. Tom Burns or the Housing Authority was again recognized. He gave the background of the preparation of this resolution. He said that their initial attempt to get approval for plans for elderly housing were met with a "No" response -4 - from the Federal Government. Under a new law which was passed earlier this year by Congress, a program of rent guarantees was instituted in order to back the financing for the construction of projects such as this. The City of Englewood's preliminary pro- posal was accepted in July. The City was the only one to submit I a proposal. The primary reason for the acceptance was that the City already has land purchased, and at the time there was a waiting list of more than 100 people. That waiting list now has 200 people. The final proposal will be submitted by September 1, 1975. The problem has been financing of the project. It was initially thought that revenue bonds would be the best way to go; but with current municipal bond market, interest rates have been rising very rapidly. At the initial inception of the financing, the interest rate difference between revenue bonds and general obligation bonds was onequarter of a point. But now that spread has widened to approximately one full point. The scare in the municipal bond market has been created by the problems existing with New York City bonds. The issuance of general obligation bonds requires a vote of the citizens of Englewood. Because of the federal rent control program, there would be no increase in taxes to the citizens of Englewood because the bonds would be essentially backed by the federal government~ This is just a technique for funding of the project. Upon a call of the roll on Resolution No. 38, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Robert Knopf, general counsel for Shakey's Incorporated and Joe Warren, treasurer for Shakey's Incorporated were recognized to request the 3.2 beer license be reissued to Shakey's Inc. from Robert L. Blakley at 3281 South Santa Fe Drive. Councilman Mann asked if the current policy carried on I by Mr. Blakley's operation relating to the fact that persons under 21 would not be served was going to be carried on. Mr. Warren indicated that the Shakey's Inc. has not made a decision in relation to this policy. COUNCILMAN SOVERN MOVED, COUNCILMAN BLESSING SECONDED A MOTION TO REISSUE A 3.2 FERMENTED MALT BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES FROM ROBERT L. BLAKLEY TO SHAKEY'S INC. FOR A LOCATION AT 3281 SOUTH SANTA FE DRIVE. -5 - Councilman Clayton asked what the particulars were behind the change of ownership and the reissuance of this license. Mr. Knopf answered that Mr. Blakley was the largest franchiser of Shakey's pizzas, and had several Shakey's in the Colorado-Oregon -Wyoming areas. He was selling these franchises back to the Shakey's corporation, and that this sale back to Shakey's was conditioned on the successful transfer of the 3.2 beer licenses. Upon a call of the roll, the motion vote was: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Blessing, Mann. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CONSIDER ITEM 5(d)(i) AT THIS TIME ON THE AGENDA RELATING TO CONSIDERATION OF ACTION ON THE LEGAL PROCEEDINGS INVOLVING AMERICAN METAL CLIMAX AND DRAVO CORPORATION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. City Attorney Berardini reported that he was not ready to report on the subject at this time, and that it would be at least two weeks before a report could be rendered. Daniel R. Hale, Senior Attorney ·with American Metal Climax, was recognized. He apologized for being absent at the last meeting, and indicated he would be most willing to answer any questions of the Council at this time. There were no questions. • • • • • • -6 - Mrs. Ruth Tromly, 3104 So.Vine Court, was recognized. She conunented on the Department of Community Development. ·She said that she concurred with Mr. Martin and Mr. Burns on the value of the Department, and hoped that the Department is re- tained in the City structure. Mr. Oliver Gisebert, 3171 So. High Street, was I recognized. He commented on the Department of Community Development subject. He noted that the budget for the Department had gone from $72,000 in 1972, to $152,000 in 1975, and he asked the Council why this budget has raised so dramatically in the past three years. He also noted this was only the budget for the Community Development Department and did not include its subordinate divisions. He asked the Council if the City can in fact afford a high-priced function such as this. He urged Council to table their consideration of this subject for further study. Mr. Maurice Merlin, 3688 South Sherman was recognized. He said that he feels the same as Mr. Martin and Mr. Burns, and feels that the Department of Community Development should be retained, and asked that the City Council table the motion on consideration of this subject. He recommended that the City Manager should not proceed with hiring a replacement until the future budget could be considered. He also asked that the City Manager highlight the July financial report. • • * * * * Mr. Don Martorano, from the firm Lee and Hines, public corporation, was recognized. He requested that ·council approve a connector's agreement for two recently acquired parcels of land in the Country Horne Sanitation District No. 1. He requested that City Council bypass the normal procedure for approving a con- nector's agreement where it would go to the Water and Sewer Board first and then to Council. He presented affidavits verifying that a emergency exists in this situation, and indicated that there was a misunderstanding on his firm's part as to the pro- cedures involved. He said that there is currently equipment on site to do work on the project, and that if the Council does not favorably consider this this evening, that it would be very costly. He asked the Council to approve this with the understanding that they would go to the Water and Sewer Board meeting tomorrow night t o obtain their approval. · COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A CONNECTOR'S AGREEMENT FOR A PARCEL OF LAND IN THE COUNTRY HOME SANITATION DISTRICT NO. 1, SUBJECT TO APPROVAL BY THE WATER AND SEWER BOARD AT THEIR MEETING ON AUGUST 19, 1975. Upon a call of the roll, the vote resulted as follows: -7 - Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: none Absent: Council Member Brown. The Mayor declared the motion carried. Councilman Clayton noted that this is an unusual situation and the Council should steer clear of making decisions in this manner. • • • • • • Mayor Taylor introduced Glenn Wallace who is the new appointee to the Water and Sewer Board. COUNCILMAN MANN MOVED, AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPOINT GLENN WALLACE TO THE WATER AND SEWER BOARD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • The follwoing communications were entered into the record, with no action recommended: Minutes of the Housing Authority meeting of May 27, 1975. Minutes of the Planning and Zoning Commission meeting of Julyu 22, 1975. Minutes of the Public Library Board Meeting of July 29, 1975. Minutres of the Police Pension Board meeting of July 30, 1975. Minutes of the Audit Selection Conunittee meeting of August 7, 1975. -8 - Financial Report for the Month of July, 1975. Letter from the District Engineer of the State Department of Highways to the Director of Public Works concerning the status of The U. s. 285 study. Status report on recovery of energy and materials from solid waste. • • • • • • City Manager Mcc ·own commented on the Financial Report, per Mr. Merlin's request. He reported that City revenues were lower, especially in sales tax and use tax. Consequently, the budgeted revenues were adjusted last month. He reported that most expenditures are in line with their budgets except for an unexpected expenditure caused by the Ranch Creek project. At _ Mayor Taylor's request, City Manager Mccown indicated that the City Council budget was almost completely expended because City Council makes many expendi- tures early in the year to other agencies such as InterFaith Task Force, Jaycees, meals on wheels, etc. Councilman Mann questioned why the City's revenues are $700,000 more this year than last year and the sales tax revenue has been reduced. City Manager Mccown answered that it was primarily due to property tax and revenue sharing income. Councilman Mann also asked why there were no figures detailing expenditures in the Water Fund for last year when the same are available for this year. City Manager Mccown indicated he did not have an answer at this time, but one would be given to the Council. • • • • • • Richard M. Graham and Richard B. Frielinger were recognized to request a public hearing for the issuance of a 3.2 beer license application made by the M B F Corporaion, d/b/a Deadwood Diggins, Ltd. at a proposed location at 3550 So. Broadway. City Attorney Berardini indicated that City Council's purpose tonight was to establish a public hearing date and to establish a neighborhood in which to petition. A discussion ensued between Council, City Attorney Berardini and Mr. Graham relating to the establishment of the neighborhood boundaries. Council felt that seeing as this is a unique type of establish- ment, it should include an area larger than the normally pres- cribed sixblock area. While Mr. Graham felt six blocks would be adequate, he said he would concede to Council's wishes as the bulk of the customers would be coming from outside of the six-block -9 - area. He further stated that the primary petitioning area would be within a closein area, but they would also petition outside of the inunediate proposed location, and it would be up to Council to consider these signatures from outside the immediate area. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT THE REQUEST FROM THE M B F CORPORATION D/B/A AS DEADWOOD DIGGINS, LTD., AND SET A PUBLIC HEARING OF SEPTEMBER 15, 1975 AT 7:30 P.M. TO CONSIDER THE ISSUANCE OF A 3.2 MALT BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISES TO BE LOCATED AT . 3550 SOUTH BROADWAY, AND TO SET THE CITY LIMITS OF ENGLEWOOD AS THE NEIGHBORHOOD OF CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Mr. Mccown presented a letter of .resignation from Charles B. Zartman, who is an Englewood Career Service Board member. The letter contained no effective date. He further stated that the timing of the effective date could have an effect on the current impasse existing in the negotiations with the Police. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT CITY COUNCIL ACCEPT, WITH REGRET, THE RESIGNATION TENDERED BY CHARLES B. ZARTMAN FROM THE CAREER SERVICE BOARD, TO BE EFFECTIVE SEPTEMBER 2, 1975, AND THAT CITY COUNCIL THANKS MR. &ARTMAN FOR THE FINE WORK HE HAS DONE IN HIS TENURE ON THE BOARD. Councilman Blessing stated that he thought Mr. Zartman meant his resignation to be effective inunediately. City Attorney Berardini said that if the City Council makes the resignation effective inunediately, it may create problems in regards to the current impasse. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • -10 - INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 34, SERIES OF 1975 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE-I WOOD, COLORADO, A MUNICIPAL CORPORATION, THE CITY OF LITTLETON, COLORADO, A MUNICIPAL CORPORATION, AND THE LITTLETON FIRE PRO- TECTION DISTRICT TO ESTABLISH AND CONSTRUCT A JOINT FIRE TRAINING FACILITY. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS ORDINANCE NO. 34, SERIES of 1975. Councilman Clayton asked if there were any changes that needed to be made. City Attorney Berardini answered in the negative and indicated that the emergency clause has been removed. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Blessing, Mann. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN JONES, .A BILL FOR AN ORDINANCE REZONING THAT AREA WHICH IS BOUNDED ON THE NORTH BY WEST UNION AVENUE, EAST BY SOUTH CLAY STREET EXTENDED, ON THE SOUTH BY LITTLETON-ENGLEWOOD CITY LIMITS, AND ON THE WEST BY SOUTH DECATUR STREET, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, COLORADO, FROM R-1-C, SINGLE-FAMILY RESI- DENCE TO R-2-B, TWO-FAMILY RESIDENCE, AND AMENDING THE ZONING MAP ACCORDINGLY. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO PASS ON FIRST READING THE -BI~E~FOR ~AN . ORDINANCE AS STATED ABOVE, AND SETTING A PUBLIC HEARING FOR OCTOBER 6, 1975, AT 7:30 P.M. ~ '. Councilman Mann pointed out that there are only three property owners who are requesting this action. The Council received a petition against this action from approximately 91 people. Of the seven major property owners in the area, three are for;~and four are against it. At this point in time, he said that he is not for this action and would just as soon keep it off the floor of the Council. -11 - Councilman Jones stated that the Council should establish a public hearing to solicit conunents from those affected. Councilman Sovern agreed and said that this situation deserves a public hearing, even though he registered reservations with the rezoning. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • Direct transcript from the tape recording of the City Council Minutes of August 18, 1975, relating to a Bill for an Ordinance which abolishes the Department of Community Development City Attorney Berardini: Item 5Bii is a bill ~which abolishes the Department of Community Development from the Departmental Organi- zation, and the administrative structure, of the City. The second part of Section three of that ordinance modifies the section on "Definitions and Rules of Construction" because the phraseology of "Department of Community Development" appears throughout the Code, and if you add to this ordinance from the past, some defi- nition that we have to attach to that part of it, that is the purpose for adding the language there. In the event of passage, the Department of Community Development is aware that when the language appears in the code it can be construed to mean the department, division, agency or administrative officer or employee authorized to perform said function or functions . of that office. If you have questions, I'll be happy to answer them. Mayor Taylor: Yes Dave? Councilman Clayton: Your Honor, I am the Councilman who asked for this, and there were a number of comments made here tonight, many of them obviously directed at me, and that's fine, there's nothing wrong with that. I think it's great to participate in (unintelligible) and I'm serious with these remarks. I really think that when we vote on this we ought to have a full Council. We do not, tonight. I don't know what the desires of the Council are. And, uh, even with the motion tabled, there have been some misapprehensions that were certainly not intended. I full and well understand how these things happen in requests of this type. Now, I don't know whether it is the desire of the Council to table this indefinitely or not. I have no objection to that motion. But, -12 - there have been some statements here in all honesty and sincerity that, with the approval of Council, even if we do table, I would like to make some comments on, since there have been several of those made without this direction, and I don't mind the direction that's been intended by anyone. But if the I Council would let me know how they would like to go, I really think this ought to be voted on by a full council, and I am perfectly willing to delay it. I would like to speak a couple moments on some of the notes of the previous speakers, and a, a, bely some of their fears, and some of their apprehensions, if this meets with the Council's approval. Blessing: What is it, you want to speak? Taylor: Well, I think he's in order, Paul, because if this is voted to table, then there is no discussion. Blessing: I, myself, of course would not table, I got in my packet what the missing Councilman feels about this, so I think we have a full Council as far as I'm concerned. His vote is in the packet; he isn't officially here, that's true, but I know his feeling. Clayton: I have that letter too, and if it's the desire of the Council to not table, I am going to go along, if I can see an unofficial, I really think it ought to be a full vote. Taylor: Well, Dave, I'm going to take the prerogative to read a letter written August 13, 1975, by a long distance telephone from California, to Andy Mccown, City Manager, from Howard R. Brown, City Councilman, dated August 13, 1975, Subject: Community Development Department. "I wish to make a few comments regarding Councilman Clayton's proposal to abolish the position of Director of Community Development. This concerns me greatly. I feel that this would tear down the organizational structure of that depart- ment, and I think it would wreck our entire .future planning for the City of Englewood. I am against this proposal and wish to have this statement presented to the Council when it is discussed Monday." Signed, Howard R. Brown, Councilman. That was for the record. Clayton: If the Council wishes to proceed, I am willing to do so. I do think there should be a full motion council, but I am willing I to proceed if the Council wishes to do so. Alright, it seems that the Council wishes to proceed. Let me make some remarks. This Department has been the object of much community-wide discussion since its foundation. And much of the thinking behind it ·is ·ve~y good. It came in for a considerable discussion in the year 1974 and you are as familiar with as I am during the Core Area situation. -13 - The putting together here, and by the way, when I requested this, I have a report here put together .by City Staff, all since the last meeting. I think there's a couple of papers in here that were already printed at that time. One is a journal of some type here, I see, one page. I want it clearly under- stood that there was nothing personal in this for me. Nothing. When our operating, not capital improvements, City Budget, and Mr. Nollenberger, if I make a mistake in these figures, will you correct me, is approximately, when the first of the year began, approximately $6,600,000. Tap me on the shoulder if I make a mistake. When the year began, approximately 76 percent of that budget was personnel. Since that time, an amount a little over $300,000 has been taken out of that budget due to the shortness of sales tax collections. So if you'll take that $6,600,000, multiply it by 76%, and then subtract approximately $320,000, I believe, that's very close, you'll find the cost of personnel in the City. Now, I'm not in anyway reflecting badly or condemning the City's payroll. We have very qualified employees in sizable numbers on that payroll. This Department that we are discussing has very qualified employees in it. I do not dispute that. Very qualified people. I doubt if we could replace many of those people with anybody that could do any better at all. In the last year, the three major, the last fifteen months, excuse me, the three major projects that that Department has had, have had, have either become inactive, or very little activity. When this Council passed a resolution in July a year ago to stop activity on the Core Area Plan was the first one. The Larwin development has been reasonably inactive. Now they do get phone calls; they have had some projections for continua- tion of that department, or excuse me, of that project. At the last Council meeting, the Council voted to withdraw from the Santa Fe Union Annexation. Now those projects have taken considep-· able amount of time. And I understand that in the future we might very well need that job again. I have no qualms about that. It does not appear to me that we need it at this time. Now that job is on the payroll for $22,000 plus fringe. And with the capable personnel that is there, I think that job of Director could be vacant for awhile, and by the way, we received several letters urging us to keep this Department. I have called each of those letters, those people that wrote those letters, personally on the telephone. And some of the people who are most familiar with that department, some of them who wrote those letters agree that that job could be vacant for awhile without .injuring the functions of the City. Now, in no way to I want to delete the functions of that Department. I have not asked for this, I do not ask for this now. I am truly sorry, even though I doubt there is any way around it, of the apprehension and the fear caused by the City employees. In no way did my proposal cast dispersions upon any individual at all. Now, let's talk to this comment that keeps cropping up about empire building, because I know where that came from, it came from me. When I asked the City Manager if this was an empire building situation, and he said no. That's where that came from, I'm quite sure. Now, if we had a surge of activity in the City, -14 - and we might, at a future date, I can see .that very readily, this position could be filled. At the present time, I think it's a position we could live without. And, I would not quarrel with Mr. Burns' earlier comments that this Department has made a good relationship between the Housing Authority and them, I have no I quarrels with that. I have no quarrels with the jobs being performed by the people in that Department. I have no quarrels with the personnel there, they are very good. The budget aspect MnOiseburt mentioned, I would like to look into later. That can come up during the budget hearings that the Council is going to have. I do think we ought to look into that., I'm sure there's an explanation. I just think that .we have the position here, and we have deleted a little over $300, 000, ·if I remember correctly, for personnel that we have budgeted the first of the year. Now, the, and it was these concerns, that I wish to express and have the City's attention brought to when .I requested this matter. Mr. Mayor, I think these are the comments that I wanted to make. Mayor Taylor: Thank you Dave. Would you like to sponsor this bill, or any one of the Councilmen. Clayton: Yes, full well known, and it's probably not going to get a second. Mayor Taylor: Is there a second? Jones: I'll second it. Mayor Taylor: It has been moved or sponsored by Councilman Clayton, seconded by Councilman Jones. I would like to have the bill read, first, Paul. Clerk: INTRODUCED AS A BILL BY COUNCILMAN CLAYTON. A BILL FOR AN .ORDINANCE AMENDING SECTION .3 AND REPEALING SECTION 12 OF CHAPTER 5, TITLE I BY ABOLISHING THE ADMINISTRATIVE DEPARTMENT ENTITLED "DEPARTMENT OF COMMUNITY D:b.'VELOPMENT," AND ADDING A NEW SUBSECTION (dd) TO SECTION 5, OF CHAPTER 1, TITLE I, OF THE 1969 E.M.C. Mayor Taylor: Thank you. Now, Paul. Blessing: A couple of comments I'd like to react to, Dave, you kind of implied, it seems to me, that there wasn't much of a need for this any more. Dave, just tonight, you voted for 2~ million t .o develop an old folks home in Englewood. That's going to take a planning Department. Dorothy would you answer, Mrs. Romans, is this Halcyon Heights, how far along is this, this is going to be a $6 million dollar project, so I think there are going to be things for this Department. This is just two big ones I'm thinking of right now that could be on the -15 - board. So I'd certainly want to vote against your ordinance, bill, because I honestly feel there is a need for this planning department. Mayor Taylor: Dave Clayton: In all honesty, Councilman Blessing, the plans for the 104-unit, basic plans are complete, and I assume there is one more set of plans to go through. The regulations on Halcyon Heights and its restrictions have already been voted on by the Council and I'm not questioning we might need that job in the future, I have no qualms about that, but we have put a moratorium on other jobs, then we exclude this one. Mayor Taylor: Any further comment, Doug? Sovern: I've got two or three comments. It seems to me in large part that the proposal in front of us is a contradiction in terms. During the Core Area study I must have heard a thousand times, why didn't we do this with our own staff. I have no preconcenived notion that in the near distant future we're going to do any significant outside consulting concerning Englewood's planning. We're going to have to have people on our staff, very strong people on our staff, who can react and work with the citizens of the community, the planning and zoning conunmission, and ourselves, along with other people, who can help to mold some kind of future for the City of Englewood and it's with this thought in mind is why in the following budget situations we have in the City is just exactly why we do need this department, probably more so than any other department we have. Because this is the Department which is the focal point that should be turning this whole picture around. They have to be heavily involved, we have to have good people there, and it is a department head level position. So, I don't see any way around that particular position as part of our particular staffing, and I really do believe that we've got to handle this thing ahead of budget time. We can't go into a budget with a contin- gency this and contingencies that. I think we've got to tell staff what our intent is and if we're going to have to cut out any particular area, we're going to have to find a, particular positions that, uh, will remain unfilled, or something along that nature. We're not in a crisis situation like 50,000 people are going to lose their jobs in the City of Englewood tomorrow and with them 150 City of Englewood employees. We're in what appears to be a fairly stable position, and we can predict where our income is, and I think there are things we can do about it. It's not going to be easy, but if we have to cut down on our personnel budget, we'll just have to do it just like we did this year. There are certain positions that do have lesser importance in day-t.o-day operations and future of the City. It may just have -16 - to stay that way for awhile, then we'll be lessening the services, there's no doubt about it, when you eliminate a posi- tion, you eliminate a person filling that Job, there's an elimnination, or lessening of a degree of services. I don't see a crisis in our budget and I want to tell our staff that tonight, wat we're going to do about this particular position so it can be put to force in the budget. Mayor Taylor: Any further discussion? Clayton: I would like to make a little comment on what Council~ man Sovern just said. Councilman Sovern just said that this, if I'm putting this wrong, just say so, this type of position could keep us from having to hire consultants like the core area. But it didn't. We paid the money, it was on the payroll and we still paid for that study. Sovern: That's not what I said. I said that I heard that a thousand times during the course of that study and the individual that will be hired next, and the individual that filled the position before, is going to have to step in and fulfill the roll which we are not going to be able to practically fund in any great degree within the foreseeable future. The handwriting is on the wall. That may not be the best solution, but it is our only solution at this time. Mayor Taylor: Any further discussion? Lee? Jones: I just want to raise one question. Do we, in fact, have an Assistant Director of Community Development? Mccown: Councilman Jones, we in reality have three, because they are titled Assistant Directors of Community Development, Bill Brokate is in charge of Code Enforcement, Dorothy Romans is in Charge of Planning, and Lois Kocian in charge of Housing. These are particular titles for assistant directors. Mayor Taylor: Did you have something you wanted to say, Andy? Any further discussion? The question's been asked. Would you read the motion again, Eric. May the motion be read? Clerk: Introduced is a bill by Councilman Clayton. A Bill for an Ordinance amending Section 3 and repealing Seeton 12 of Chapter 5, Title I by abolishing the administrative department entitled Department of Community Development~" and adding a new subsection (dd) to Section 5, of Chapter 1, Title I of the 1969 Englewood Municipal Code. Mayor Taylor: Okay, the question has been asked. Clerk: Clayton Jones Sovern Mann Blessing Councilman Clayton Yes Yes No NO No ~ 17 - Taylor No Clerk: Two ayes, four nayes, one absent. Mayor Taylor: The motion's lost. • • • • • • City Attorney Berardini outlined a bill for an ordinance which would convey Reservoir Road to Greenwood Village for use as a street. In response to Council questions City Attorney Berardini indicated that the bill does not address the question of who has liability in the event that there is road damage caused by any problem with the waterline. He also indicated that there is no emergency in acting on this. Assistant Director of Community Development Romans indicated Greenwood Village would like to have this acted on as quickly as possible. She also said that it does not have to go to the Planning and Zoning Commission, that it is on land which is outside of the City limits. City Manager Mccown stated that Greenwood Village would accept the road, and if they did they would blacktop it and maintain it. Englewood would still retain access to their water storage area. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE AUTHORIZING THE CONVEYANCE OF LAND TO THE CITY OF GREENWOOD VILLAGE, COLORADO, FOR STREET AND ROAD PURPOSES FOR THE USE AND BENEFIT OF THE PUBLIC. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO PASS ON FIRST READING A BILL FOR AN ORDINANCE AS ABOVE. A discussion ensued between Council and City Attorney Berardini relating to the responsibilities of the parties involved relating to the construction and maintenance of the road under the proposed agreement. Upon a call of the roll, the vote resulted as follows: Taylor. Ayes: Council Members Sovern, Blessing, Clayton, Nays: Council Members Mann, Jones. Absent: Council Member Brown. The mayor declared the motion carried. • • • • • -18 - The Mayor called a recess at 9:45 P.M. The Council reconvened at 9:55 P.M. Upon a call of the roll, there were six present, and one absent, Councilman Brown. • • • • • • Assistant Director of Community Development Romans explained the master street plan and the proposed changes. She said that the Planning and Zoning Conunission had a public hear- ing on this subject, and that they honored the wishes of the respondents at the hearing in relation to Elati, Highway 285 and Zuni. In response to Councilman Mann's questions relating to the criteria for a master street plan, Mrs. Romans said that the changes are made in response to changes in traffic count, traffic patterns, and anticipated changes. A discussion followed leading to the status of various streets in the master street plan. Councilman Mann pointed out that Elati Street should be designated a collector and would assist the Fire Department which is now in a precarious position. This is especially true of the situation existing at Floyd and Elati, where a traffic island exists. Councilman Jones stated that the existence of that was established by an old agreement between the City and the citizens on Elati between Floyd and Dartmouth. Councilman Clayton pointed out that the area between 285 and Kenyon needs a street designated as a collector, and he asked what City Council could do to make this type of change. Councilman Sovern asked if the Council can change a designation without going to the Planning and Zoning Commission. City Attorney Berardini stated in the affirmative, but that the City Council would then have to have a public hearing on any proposed change. Councilman Mann asked that a report be received from the Police and Fire Chief in regards to designation of a collector street in the area of the Police/Fire Center. Councilman Jones asked for a report on the agree- ment between the citizens who live on Elati between Floyd and Dartmouth in ·regards to the existing traffic island. RESOLUTION NO. 39, SERIES OF 1975 A RESOLUTION AMENDING THE SECTION OF THE COMPREHENSIVE PLAN FOR ENGLEWOOD, COLORADO, 1969, ENTITLED "MASTER STREET PLAN." COUNCILMAN JONES MOVED, COUNCILMAN BLESSING SECONDED A MOTION TO PASS RESOLUTION NO. 39, SERIES 1975· -19 - COUNCILMAN MANN MOVED TO AMEND THE MOTION THAT SOUTH ELATI BETWEEN WEST YALE AND WEST QUINCY BE DESIGNATED A COLLECTOR STREET. There was no second. COUNCILMAN CLAYTON MOVED TO AMEND THE MOTION THAT SOUTH ELATI FROM WEST FLOYD TO WEST KENYON BE DESIGNATED A COLLECTOR STREET. There was no second. Upon a call of the roll, the vote on the motion resulted as follows: .,,.. -·Ayes: Council Members -Jones, .. Cihlj.yton, Sovern, Blessing, Mann, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion passed. • • • • • • COUNCILMAN CLAYTON MOVED TO HAVE A PUBLIC HEARING ON SEPTEMBER 15, 1975, ON A PROPOSED CHANGE IN THE MASTER STREET PLAN AS PROPOSED IN RESOLUTION NO. 39, SERIES 1975. There was no second •. Councilman Sovern stated that the Planning and Zoning Conunission should continue to look at the ··South Elati area need for a collector street. He asked the City Attorney to specifically look at the agreement with the residents on Elati north of Floyd. • • • • • • City Attorney Berardini 'reported on the need for appointment of a special counsel in the River Redevelopment legislation. RESOLUTION NO. 40, SERIES OF 1975 APPOINTING GEORGE L. ZOELLNER, ATTORNEY AT LAW, 144 WEST COLFAX AVENUE, DENVER, COLORADO, AS SPECIAL COUNSEL IN CURRENT AND ANTICIPATED LITIGATION INVOLVING THE CONDEMNATION OF CERTAIN REAL PROPERTY, WHEREIN THE CITIES OF ENGLEWOOD AND SHERIDAN PROPOSE A MULTIPLE USE RECREATION FACILITY ALONG THE SOUTH PLATTE RIVER BASIN. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 40, SERIES 1975. Upon a call of the roll the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None -20 - Absent: Council Member Brown The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON MOVED, COUNCILMAN BLESSING SECONDED A MOTION TO CONSIDER ITEM 6-D RELATING TO A REPORT FROM THE DIRECTOR OF PUBLIC WORKS TO THE CITY MANAGER CONCERN- ING TRAFFIC SIGNALIZATION AT DOWNING AND FLOYD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown The Mayor declared the motion carried. City Manager Mccown explained the report which was generated as a result of an accident at that intersection which damaged property owned by Mr. Gene Stewart. He explained that the current traffic count does not warrant any additional signalization at that intersection. Councilman Mann questioned the results of the report and stated that possibly a need exists more at this location than it did at the intersection of Chenango and Huron, where a light was recently put. Mr ~ Gene Stewart, 3296 So. Downing, was recognized. He stated that there is a light currently at South Downing, which is always green, and needs to be activated by a pedestrian. He stated that in his opinion the reconunended traffic counts seem high for justification for additional signalization. He pointed out that the traffic count during peak hours would justify a light at this location. Councilman Blessing stated that using this reasoning additional signalization could be justified at every street corner. Council discussed possible alternatives. City Manager Mccown said that they would look into other alternatives. Councilman Mann stated that other areas -within the City should be looked at in terms of adequate traffic control. He indicated that the City may have to have a better definition of their criteria for traffic control. Mayor Taylor stated that additional work will be done on the subject, and that a report will be rendered to Mr. Stewart. -21 - COUNCILMAN MANN MOVED THAT THE CITY INSTALL A FULL SIGNAL AT THE INTERSECTION OF FLOYD AND DOWNING STREETS. There was no second. • • • • • • Assistant City Manager Nollenberger reported on the work of the Dog Committee. He said they identified four major areas of concern which include: (1) the education of the public; (2) the need for additional enforcement programs; (3) the need for greater special enforcement; and (4) changes in the ordinance governing the animal control. He said that he received numerous calls both at work and at home relating to this subject, with the majority indicating that they want a great deal more control. He said the Committee looked into the possibility of raising the fees for violations, having a leash law, having a paper bag law, and instituting a vicious dog law. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO INSTRUCT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE CONCERNING ANIMAL CONTROL, AND THAT THE ORDINANCE BE STRUCTURED AFTER THE RECOMMENDATIONS CONTAINED IN THE REPORT OF THE COMMITTEE, AND THAT THE ORDINANCE SPECIFICALLY CONTAIN A LEASH LAW WITH A PROVISION THAT ANY ANIMAL UNDER DIRECT CONTROL OF ITS OWNER NOT REQUIRE A LEASH. A discussion between Council and City Attorney Berardini followed regarding when a citizen files a complaint and what steps are necessary to follow up a complaint. Myrtle Jones, 1520 So. Washington, was recognized. She talked about the problems she has had with stray dogs in her yard. Councilman Sovern further explained that part of his motion relating to control over dogs, stating that there are ma~y dogs who have been highly trained and do not require a leash as they are always under constant control of their master. Maurice Jones 1520 So. Washington was recognized. He recommended that animals that have received special training and are under control of their masters be given special licensing after the completion of appropriate tests. Councilman Jones stated that the City of Englewood used to have a dog license ordinance in existence. Assistant City Manager Nollenberger stated that that was discontinued because it discouraged owners from getting the shots for their pets. -22 - Upon a call of the roll, the vote on the motion was: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Blessing, Mann. Nays: None Absent: Council Member Brown. The Mayor declared the motion passed. • • • • • • Mayor Taylor stated that Item 6-B, relating to a report from the Director of Public Works to the City Manager concerning additional information on the hazardous sidewalks would be discussed at a later session. • * * • • • City Manager Mccown presented a report from Harriet Lute, Director of Libraries, relating to a contract between Englewood Public Library and Arapahoe Regional Library District. COUNCILMAN CLAYTON MOVED, AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE AGREEMENT FOR LIBRARY SERVICES FOR CALENDAR YEAR 1976, AS RECOMMENDED BY THE DIRECTOR OF LIBRARIES, HARRIET LUTE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing. Nays: None Absent: Council Member Brown. The Mayor declared the motion carried. * * * * I I Mayor Taylor declared the meeting adjourned at 11:35 P.M.