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HomeMy WebLinkAbout1975-10-06 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO OCTOBER 6, 1975 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on October 6, 1975 at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Rev. Stanley Fixture of the Englewood United Methodist Church. The Pledge of Allegiance was led by Mayor Taylor. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Director of Public Works Waggoner Acting Director of Community Development Romans Fire Chief Hamilton Deputy City Clerk Johannisson • • • • • The following corrections were made to the Minutes of the meeting of September 15, 1975: Page 2 -Vern Shoup should be Schupp. Page 18 -relating to the motion for funding of the Arapahoe Mental Health Center, the motion should read "Council- man Clayton Moved and Councilman Sovern seconded a motion to accept a request for funds from the Arapahoe Mental Health Center and refer it to the Budget Study Committee for considera- tion in the 1976 Budget." Meeting of October 6, 1975 -2- Page 5 -the motion relating to Sherman Street should read: "Councilman Sovern Moved and Councilman Blessing seconded a motion to reconsider reverting the South Sherman Street to two-way traffic at the October 6th, 1975, Council meeting, after comments have been received from the various departments and the Planning and Zoning Commission, if they choose to comment. Page 23 -the item relating to the island at Elati and Floyd, the word "consider" should be "reconsider". COUNCILMAN SOVERN MOVED AND COUNCIIJttAN MANN SECONDED A MOTION TO APPROVE THE MINUTES OF THE COUNCIL MEETING OF SEPTEMBER 15, 1975, AS CORRECTED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones,Sovern, Clayton, Blessing, Brown, Mann, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • Richard L. Royce, 6690 So. Grant, Littleton, was present. Mayor Taylor presented Mr. Royce with a proclamation declaring September 27, 1975, as Hunting and Fishing Day. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN A PROCLAMATION DECLARING SEPTEMBER 27, 1975, AS "HUNTING AND FISHING DAY" IN ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • Mr. Harold Rust, Public Service Company of Colorado, 3470 So. Broadway, was present to present to City Council the thtrd quarter franchise check in the amount of $59,000.00. • • • • • Dr. Robert S. Brittain, Swedish Medical Center, was present and explained the progress being made in the Para-Medic Program conducted by Swedish Medical Center for the Englewood Fire Department. He indicated that Englewood currently has nine men who have either completed the program or are in training. Meeting of October 6, 1975 -3- He gave high praise to the City of Englewood Fire Department for the work they have done in the para-medic program and indicated that the training they have received is providing a most valuable service to the community. William A. Hamilton, Englewood Fire Chief, appeared and provided the following statistics relating to the number of calls received by the para-medic units: In the first nine months of 1975, the Rescue Unit answered 963 calls; in the past six months, they have answered 699 calls, of these, 366 were injury calls; home, 78; public, 73; industria~ 12; auto accidents 203; illness calls, 300; heart attacks, 50; assist, 70; miscella- neous sickness and injury.153; attempted suicides, 27; 404 calls were answered in District l; 32 calls in District 2; 191 calls in District 3; 66 calls in District 4. Chief Hamilton said that these districts referred to were the City Fire Districts. He further emphasized the dedica- tion shown by Dr. Brittain and his staff at Swedish Medical Center. Mayor Taylor praised the fine work of the Fire Department in the area of the para-medic program. Dr. Brittain indicated that the Englewood para-medic unit has a response time of under 4 minutes. He emphasized that individuals who were having heart attacks in their home should call the para-medics instead of trying to come to the hospital, as their chances of survival are much greater if they stay at home for emergency treatment. He said that the Englewood area will be serviced by the "911" telephone number in the near future. Councilman Jones asked that this information relating to the para-medic program be published in the bi-monthly city news- letter. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION RECOGNIZING AND THANKING ALL THE PEOPLE WHO HAVE PARTICIPATED IN THE PARA-MEDIC PROGRAM AND THAT LETTERS BE SENT TO THESE PEOPLE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays; None. The Mayor declared the motion carried. • • • • • • Meeting of October 6, 1975 -4 - Mr. Ray Ball of Tend-R-Lean Meats, Dry Creek Shopping Center, appeared and requested that Council change Sherman Street to 2-way traffic. He related some of the traffic flow problems by having Sherman a one-way street. Mr. Ball stated that Mr. Bush, the owner of the Dry Creek Shopping Center, and I other land adjacent to the shopping center, would not consider building any more buildings in the adjacent area if Sherman remains as a one-way street. Mr. Ball also directed Council's attention to inter-office memos which stated the opinion that no one seems to be against changing Sherman Street to a 2-way street. Director of Public Works Waggoner explained the history and background of the change of Sherman and Bannock to one-way streets, and the overall plan which would convert other streets to one way streets. He said the cost for changing both streets back to two-way streets would be approximately $13,000, with $5,000 for Sherman and $8,000 for Bannock. He said that this cost could be reduced by eliminating a couple of existing signals and using the equipment at Sherman and Bannock. If Bannock Street is changed to a two-way street, he said that the intersection of Kenyon and Bannock would probably need signalization. He explained other traffic flow problems which may be encountered if these changes are made. He reconunended that both Bannock and Sherman Streets be changed to two-way streets, and that Hampden be made one way east-bound between Bannock and Acoma. Councilman Mann stated that he is primarily concerned with the situation at Sherman Street in that 420 individuals signed petitions specifically requesting that Sherman be changed. In response to Councilman Mann's question, Director of Public Works Waggoner stated that by using other equipment at Sherman Street the cost could be reduced to approximately $600. Council and Director of Public Works Waggoner discussed various aspects of traffic flow and parking if changes were made on Sherman Street and Bannock Street. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE DIRECTOR OF PUBLIC WORKS TO RETURN SHERMAN STREET AND BANNOCK STREET TO TWO-WAY TRAFFIC, AND DIRECT THE I CITY MANAGER TO FIND FUNDING TO COMPLETE THE PROJECT AND DIRECT THAT MATERIALS PRESENTLY AVAILABLE BE USED IN MAKING THE CHANGE. Councilman Mann and Councilman Brown accepted the inclusion of Bannock Street after Council discussion. Councilman Mann reiterated that he was particularly interested in the Sherman Street situation because of the large number of petitioners, many of whom live on Sherman Street. He also referred to a memorandum from the Traffic Engineer which indicated that Sherman Street is not working as planned. He stated that he would consider changing Bannock Street later Meeting of October 6, 1975 -5- after the results of a change on Sherman Street is evaluated. Mayor Taylor stated that he had talked to several people on South Sherman Street in the area where he lives, and most of them were against the change to begin with and support the contemplated return to two way traffic. Councilman Sovern stated that the Council should consider the entire report in that a year ago Council received petitions from residents of Bannock Street requesting a change to two-way traffic. He said Council should consider changing both instead of just one. Another consideration that should be made is the cost consideration. Director of Public Works Waggoner stated that the equipment at Acoma and Floyd and Acoma and Girard are the only ones which can be used because they have the necessary mast arms. He further stated that an ordinance change would be necessary in order to change Hampden to a one way street. Councilman Jones stated that he is against this motion and feels that it is a regressive move of the City Council. The City should consider the entire Voorhees Report which recommends that Sherman, one-way, be extended from Yale to Chenango. In response to Councilman Clayton's question relating to an election in November, 1968, City Attorney Berardini answered that the electors had voted for one-way traffic on South Bannock Street through Ordinance No. 1. Councilman Clayton stated that he could not support changing Bannock Street back to two-way traffic because of the electorate's decision in 1968. Director of Public Works Waggoner pointed out that in Ordinance No. 2, which was also passed by the electorate, states that all streets more than 29 feet wide shall be one-way. The decision in Ordinance No. 2 contradicts the decision in Ordinance No. 1. Upon a call of the roll, the vote on the motion is as follows: Ayes: Councilm Members Sovern, Blessing, Brown, Mann, Taylor. Nays: Council Members Jones, Clayton. The Mayor declared the motion carried. Meeting of October 6, 1975 -6- COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO INSTRUCT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE CHANGING HAMPDEN BETWEEN BANNOCK AND ACOMA TO ONE-WAY TRAFFIC. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Jeanne Piz, 3290 So. Huron, expressed her concern about the dangerthat exists at Cushing Park pond, and is especially concerned for the safety of children. She presented petitions signed by 155 people stating that "We demand the pond at C.E. Cushing Park be filled with rock and gravel to 3-foot deep, a 3-foot fence of strong steel be erected to prevent future accidents. We demand the pond be drained until this action is taken." COUNCILMAN JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO REFER THE CUSHING PARK POND SITUATION TO THE PARKS AND RECREATION COMMISSION FOR RECOMMENDATION AND REPORT BACK TO COUNCIL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Mr. Maurice Merlin, 3688 So. Sherman, stated that he is against the 11:00 closing of amusement houses because it will cause more kids to be put on the street. He favors that the closing hour be changed to 12:00 midnight. • • • • • • Mr. Oliver Giseburt, 3171 So. High, asked for the City Attorney to make an interpretation of Article 32 of the City Charter. The Mayor read Article 32 which .relates to Councilmen interfering with the work of City Employees. • • • • • * Meeting of October 6, 1975 -7- Jerry DeHoff, 3277 So. Galapago, expressed his con- cern for the dangerous situation at Cushing Park, He said he was unaware that the pond was 15 feet deep and had four feet of mud. The park is used by many kids and he asked the Council to do something to eliminate this dangerous situation. He indicated that he had been told that Cushing Park was a park for old people and not for children, which is not the case. Mayor Taylor said that Cushing Park is a park for old and young alike, and that City Council and the staff are con- cerned about the situation which does exist there. He assured Mr. DeHoff that something will be done. • • • • • • Council adjourned at 8:55; and reconvened at 9:10. Upon a call of the roll, the following were present: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Absent: None. The Mayor declared a quorum present. • • • • • • COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CONSIDER ITEM 6-I RELATING TO A COURT DECISION INVOLVING THE DEMETRIOUS CORPORATION, D/B/A ARAP'S RESTAURANT AND LOUNGE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. City Attorney Berardini gave the background on Arap's 3-way liquor application. He said that because of time limita- tions involved, he had filed an objection with the Court. After the Court makes a ruling on the objection, the City has 30 days in which to file an appeal. If the objection had not been filed, the Court decision would have become final. He said that he doubts that the Court will make a decision by October 20, and therefore, the City Council has plenty of time in which to file an appeal. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED THE MOTION TO CONTINUE CONSIDERATION OF THE ARAP'S RESTAURANT AND LOUNGE APPEAL TO OCTOBER 20, 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Meeting of October 6, 1975 -8- Nays: None. The Mayor declared the motion carried. George Arapkoles, representing Arap's Restaurant and I Lounge, was present. In answer to Mayor Taylor's question, he said that the building they are presently remodeling could be opened and ready for use within thirty days. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER THE 1976 CITY OF ENGLEWOOD BUDGET. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the mo~ion passed. Assistant City Manager Nollenberger presented the Budget for 1976. He said budgeted expenditures are $16,900,000 and are broken down into the various funds: General Fund Public Improvement Fund Water Fund Sewer Fund Bi-City Sewer Treatment Plant $ 7,105,000 1,800,000 1,372,000 826,000 5,799,000 He stated that budgeted expenditures for the General Fund are out of balance with revenues by approximately $300,000. This compares with the 1975 budget of $15,600,000, which is broken down into the General Fund of $6,509,000; Public Improvement Fund, $2,458,000; Water Fund, $1,449,000; Sewer Fund, $617,000; Bi-City Sewer Treatment Fund, $4,517,000. The overall budget increase of 1976 over 1975 is I $1,290,000. Budgeted revenues for 1975 are $15,711,000. This is from all sources. The beginning balance for 1976 will be $909,007. The General Fund Revenues are primarily made up of taxes which are 75 percent of the revenues. Mr. Nollenberger outlined the sales tax history of the City. He said that the City is projecting a 7 percent increase in sales tax for 1976 and that they are using a national figure base for their estimate for this increase. He indicated that the City has realized some Meeting of October 6, 1975 -9- setback in the previous year primarily because of the opening of Southglenn, auto sales decline, and construction which is down. Mr. Nollenberger outlined the property tax and indicated that 1976 the assessed valuation of the City will be $112,725,000, which is a 20.2% increase. This is due primarily to the re-evaluation of all property in the County. The General Fund expenditure budget of $7,105,000 is a budget which takes into account no new positions for 1976, and is before the recommended $300,000 cuts. The Public Improvement Fund of $1,800,000 is funded by the one cent of our sales tax. The Water Fund of $1,372,493 reflects a recommended increase of water rates of 30 percent. The Sewer Fund of $6,624,890 takes into account a recommended increase in tap fees from $300 to $450, and also takes into account an increase in sewer rates, from $15 to $20. Mr. Nollenberger outlined the recommended $300,000 in budget cuts which can be made. Donald Smith, 3165 So. Sherman, questioned a $190,000 increase in the Public Works Budget over and above that reflect- ing the functional change for accounting. City Manager Mccown answered that this is due to several areas; 1. The paving district program. 2. Personnel increases, including merit increases and increased fringe benefits. 3. Inflation of materials used by the Public Works Department. Mr. Smith questioned the Water Fund increase in the power and pumping cost. City Manager Mccown answered that these are reflective of increase of electricity costs and capital outlays. In 1975 capital outlays were zero, in 1976 they will be $102,000, which are engineering design costs for McLellan Reservoir and for sludge treatment. Mr. Smith questioned the .increase in the administrative costs for the Sewer Fund. City Manager Mccown stated that this increase is for interest expense of the new bond issue plus the repayment of principle. Meeting of October 6, 1975 -10- Mr. Smith questioned the organizational set-up in the Community Development Department and asked what the duties of assistant directors and associate planners are. Acting Director of Conununity Development Romans answered and outlined the duties of the various personnel within the Conununity Development Department. Al Quaintance, 4760 So. Mariposa Drive, a member of the Library Board, asked the City Council to take a close look at the reconunended budget cuts for the Library. The Englewood Public Library is used very extensively and it would be a shame to cut services in this area. He stated that the City of Englewood has 43 percent of its citizens having library cards. This is higher than the norm which is one-third of its citizenry which normally have library cards. He reminded the Council that Englewood can be very proud of its Library as it is one of the best in the metropolitan area. Mr. Tymer Rice, 5085 So. Huron, stated that he is concerned about the large number of service cuts being considered in order to save a possible rise in taxes. He said he called 32 people in the City of Englewood at random and discussed the subject of City Services. He said that all were concerned about the possible of cutting of services for the sake of the tax dollar, and for the sake of balancing a budget. He recommended that the City Council consider raising the mill levy, if needed, to maintain the present level of services. Mr. Jack Martin, 3153 So. Gaylord, questioned the analytical process used in arriving at the various budget figures He requested in particular the budgeted $900,000 for Parks and Recreation which is greater than that budgeted for police pro- tection. City Manager Mccown explained the procedure used in arriving at budgeted figures. He said that it is a lengthy process that starts at the Department, where the figures are prepared; these are then submitted to the budget officer who is the Assistant City Manager. All increases in budgets must be thoroughly justified. The Assistant City Manager reviews all of the budgets with the various department heads. In the 1976 budget, inflation icnreases have been included in the figures. I Also, the benefit increases which have been negotiated have been included in the figures. For the budgeted revenues, the Finance Department determines what revenues can be expected for the coming year. Mr. Martin stated that he realizes that in good years a certain amount of fat has been built into the municipal system. He further asked what effort has been made to cut out this fat during these lean periods. City Manager Mccown said with the recommended budget cuts they are attempting to go back to the level of service Meeting of October 6, 1975 -11- provided two years ago. Mr. Martin again asked his question relating to the Parks and Police Budgets. City Manager Mccown stated that this is a City Council decision; how and where monies are spent is a policy decision and this rests with the Council. Mayor Taylor stated that citizens ,have ihdi-. cated that they want first class parks in the City of Englewood and, therefore, we have 11 to 13 neighborhood parks in the City. Many of these parks have extensive programs. If the citizens indicate they want program cuts in these areas, Council will do it. Mr. Martin asked how a citizen might make his wishes known. Mayor Taylor stated that many programs are enacted in the City of Englewood because of silent consent; .unfortunately there has been a lack of citizen involvement in the decision- making process of the City. Normally, those citizens which make a request will get positive response. Councilman Brown stated that Mr. Martin might con- sider serving on the citizen budget cormnittee for 1976. Councilman Mann stated that City Council and the Budget Committee spend many, many hours in determining the budget for an upcoming year. Councilman Clayton pointed out that of the $7,104,000 in the General Fund budget, 75 percent of that is for personnel. Oliver Giseburt, 3171 So. High Street, questioned the following recommended budget cuts: 1. Turning off the mid-block street lights. He said that these are real crime preventatives and should not be eliminated. 2. Decrease in street lining: by eliminating this there is a possibility of increased accidents. 3. The Senior Surrey: he indicated he would like to see this continued. 4. Eliminating one animal warden. He stated that he questioned the need for 340 employees for the City of Englewood. He asked that Council consider eliminating one more building inspector as these are harrassment type individuals. Jim Lucero, 3150 So. Delaware, asked if there were any work and measurement standards for the people who work in the administrative areas of City Hall. Meeting of October 6, 1975 -12- In answer to Mr. Lucero!s concern about secretaries in City Hall, City Manager Mccown stated that each department has one secretary to fulfill all of the needs of that depart- ment. He also stated that Englewood is what is known as a full-service city, and that it provides all the services necessary to run the city; it has its own water department, sewer department, its own parks, its own library. Mr. Lucero asked if the City is considering a head tax like that imposed in Denver. Mayor Taylor stated that the tax committee is considering several alternatives for raising revenues for the City of Englewood; the head tax is one that is being considered. Mr. Lucero stated he is against the imposition of a head tax. Mr. Dick Clark, 2260 E. Eastman, stated that he felt that many of the cuts which are recommended are being made for shock value, and also felt that possibly the recommendations made by department heads may not be the ones that are in the best interest of the City. City Manager Mccown stated that this is really not the case, and explained more fully some of the budget cut recommendations. He also stated that this would bring the City back to the service level of two years ago. Councilman Clayton stated that in some areas the level of service will remain at a higher level than two years ago, as in the case of the fire department. Mr. Clark also questioned what the City staff's batting average is on their budget projection. He also questioned the sewer fund increase. City Manager Mccown stated that the sewer fund increase was as a result in the change of accounting methods for the bi- city sewer plant. Mr. Clark stated that the people of Englewood are concerned about how their monies are being spent. Dave Hayes, an Englewood Police Cadet, asked how the I cut in the cadet program will affect the regular police . department. City Manager Mccown stated that it would r ·equire two additional policemen from the Cinderella City complex to be assigned to watch office duties. Mr. Hayes stated that cuts in the cadet program will have an affect on the safety in our Parks system. Meeting of October 6, 1975 -13- John Wren, 2160 E. Eastman, stated that for the average guy the budget is very difficult to understand and asked what the budget is really trying to tell the average citizen. City Manager Mccown stated that the City Manager cannot present an unbalanced budget to the Council; the budget that he is presenting to the City Council does not ask for any new employees and, therefore, it is a no service level increase budget. He also stated that it is a budget that has been extensively reviewed by the Citizen Budget Review Committee. Councilman Clayton asked that those in the audience who are members of the Citizen Budget Committee raise their hands, and they did so. City Manager Mccown stated that it is the City Manager who reconnnends certain levels of maintenance for existing facilities in the City and the Council then determines what the actual level of services will be for the various facili- ties in the City. Mayor Taylor stated that the City Council needs more citizen input in order for them to make good decisions. Councilman Sovern stated that the Budget is the single most important policy statement made by the City Council every year. Mr. Wren asked, how the dollar figures were arrived at for the reconnnended cuts. City Manager Mccown stated that they include salary figures, fringe benefits, and in some cases supplies that the employee might use in the course of a year. Maurice Merlin, 3688 So. Sherman, was recognized. City Manager Mccown answered Mr. Merlin's question about the number of employees affected in the cuts would be 16. Mr. Merlin said that the City Council should be concerned about the human element in the operation of the City and try to avoid any cuts in personnel if at all possible. The cuts should be made through the method of attrition. He also stated that .the City Council should consider the cuts in expenses of things as opposed to personnel. Donald Smith, 3165 So. Sherman, stated that the City Council should consider budget cuts by normal attrition and that through the use of good management principals, reorganize City functions. The City needs to run like a corporate business, which means running the existing departments in a better manner. Meeting of October 6, 1975 -14- City Manager Mccown answered Councilman Clayton's question that six to eight people have left the employ of the City in the last year. Councilman Clayton stated that the City of Englewood must be a good place to work because the City has a very low turnover rate. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING FOR CONSIDERATION OF THE CITY OF ENGLEWOOD BUDGET FOR 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Mayor Taylor recessed the meeting at 11:25; the meeting reconvened at 11:35. Upon a call of the roll, the following were present: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. A MOTION REZONING REQUEST. follows: Absent: None. The Mayor declared a quorum present. • • • • • * COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED TO OPEN A PUBLIC HEARING CONCERNING APPLICATION FOR COMMONLY REFERRED TO AS THE WEAVER/WIEBE REZONING Upon a call of the roll, the vote resulted as Ayes: Council Members Jones, Sovern, Clayton, Mann, Blesing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. I Meeting of October 6, 1975 -15- City Attorney Berardini stated that this item should be stricken from the agenda because the request asked that there be an area rezoned from R-2-A to R-2-B, and since there are no R-2-A and R-2-B zones in the City any more, there is no need to consider this item. Mayor Taylor apologized to those who were in the audience who were awaiting the public hearing on this item. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING CONCERNING THE APPLICATION FOR REZONING COMMONLY REFERRED TO AS THE WEAVER/WIEBE REZONING REQUEST. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing,Brown, Taylorl. Nays: None. The Mayor declared the motion carried. • • • • • • Communications -No Action Recommended, all accepted without comment: (a) Minutes of the Board of Career Service Commissioners regular meeting of August 21, Special meeting of September 2, and Regular meeting of September 18, 1975. (b) Minutes of the Election Commission meeting of September 19, 1975. ( c) Minutes of the Housing Authority special meeting of August 13, 1975. (d) Minutes of the Parks and Recreation Commission meeting of September 11, 1975. (e) Minutes of the Englewood-Littleton Fire Training facility committee meeting of September 16, 1975. ( f) Report on update on pension hearings in Congress. (g) Report on update of revenue sharing hearings in Congress. Meeting of October 6, 1975 -16- (h) Report from Director of Libraries to the State of Colorado concerning activities funded by Historical Grant. (i) Memorandum from Acting Chief Morgan to the Assistant City Manager concerning the State of Colorado Police Reporting System. (j) Memorandum from the Director of Public Works to the City Manager concerning the engineering study on U.S. 285. (k) Memorandum from the Colorado Municipal League concerning rebate of Mountain Bell telephone case. (1) Summary showing signatures plotted of those persons petitioning in favor of a 3.2 beer license application by Deadwood Diggins, Ltd. • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECO il LJ ED A MOTION TO ACCEPT THE RECOMMENDATION OF THE LIBRARY BOARD THAT CITY COUNCIL AUTHORIZE THE MAYOR TO REAFFIRM THE LIBRARY SYSTEM AGREEMENT APPROVED BY THE CITY OF ENGLEWOOD DECEMBER 6, 1967. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Taylor, Brown. Nays: None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A RECOMMENDATION OF THE LIBRARY BOARD TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT WITH REGARD TO CHARGES FOR SYSTEMS SERVICES OF ABOUT $917.00. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Taylor, Brown. Nays: None. The Mayor declared the motion carried. Meeting of October 6, 1975 -17- • • • • * COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO RENEW THE 3.2 BEER APPLICATION FOR CONSUMPTION OFF THE PREMISES FOR NATIONAL TEA COMPANY D/B/A DEL FARM FOODS, 4160 SO. BROADWAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. I * * * * COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO RENEW THE 3.2 BEER APPLICATION FOR CONSUMPTION ON THE PREMISES FOR 90 W.B. CORPORATION D/B/A LEANING TOWER OF PIZZA, 90 WEST BELLEVIEW. Council briefly discussed the police calls. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • * • Assistant City Manager Nollenberger presented a memo- randum from the Chairman of the Board of Career Service Commissioners relating to overtime computation for the Fire Department. He stated the Career Service Board had accepted a proposal from the City negotiators on the issue of overtime and that the new method of computation would mean a cut in overtime costs to the City. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE RECOMMENDATION OF THE CAREER SERVICE BOARD RELATING TO OVERTIME PAY FOR THE FIRE DEPARTMENT. Upon a call of the roll~ the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • Meeting of October 6, 1975 -18- Mayor Taylor stated that there is a vacancy existing on the Board of Career Service Commissioners to be appointed by the City Council. He asked that names of possible candidates be submitted to him by Saturday. • • • • • Acting Director of Community Development Romans presented the memorandum from the City Planning and Zoning Commission relating to the 1976-77 State Highway Work Program Requests. Mrs. Romans outlined the various projects which were iPcluded in the request. Council discussed in detail South Broadway from Yale to U.S. 285. that he would like to see the Minutes Zoning Commission meeting relating to Council takes any action. the affects of widening Councilman Mann stated of the Planning and South Broadway before COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE PLANNING AND ZONING COMMISSION RECOMMEN- DATION RELATING TO THE PROPOSED 1976-77 STATE HIGHWAY WORK PROGRAM REQUEST AND DELETE SECTION II-B-1 FROM THE REQUEST PER- TAINING TO THE WIDENING OF SOUTH BROADWAY FROM YALE AVENUE TO U.S. 285. Councilman Sovern Stated that City Council should retain the entire request intact, and .if they desired to delete anything, they should delete the wording after the colon in Section II-B-1. Don .Smith, 3165 So. Sherman, stated that if that section of South Broadway were widened it would destroy many of the businesses because it would eliminate the necessary parking. Upon a call of the roll, the vote on the motion was: Ayes: Council Members Jones, Clayton, Mann, Blessing, Brown, Taylor. Nays: Council Member Sovern. The Mayor declared the motion carried. • • • • • City Attorney Berardini introduced an ordinance on final reading relating to Moving and Wrecking. Two changes in the text were made. On Page 2, Paragraph 3-8-3(a), the word "only" should be replaced by "any". Page 11, 3-8-26(c), $50,000 relating to death or injury to any one person, should be replaced by $100,000. Meeting of October 6, 1975 -19- City Attorney Berardini indicated that these are not substantive changes and should not require a republica- tion of the Ordinance. Councilman Sovern questioned whether a change had been made relating to Section 3-8-4(b) concerning the necessary foundation, a question brought up by Mr. Ryberg during the public hearing. Acting Director of Conmunity Development Romans stated that it was felt that no change was necessary in this area. INTRODUCED AS A BILL BY COUNCILMAN MANN, BY AUTHORITY ORDINANCE NO. 36 SERIES OF 1975 AN ORDINANCE REPEALING ARTICLE I AND II, (CHAPTER 8) TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING AND WRECKING" AND REENACTING THE SAME WITH AMENDMENTS. . COUNCILMAN MANN MOVED ANDD COUNCILMAN BLESSING SECONDED A MOTION TO PASS ORDINANCE NO. 36, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. I I I I I INTRODUCED AS A BILL BY COUNCILMAN CLAYTON, BY AUTHORITY ORDINANCE NO. 37 SERIES OF 1975 AN ORDINANCE AMENDING SECTIONS 9 AND 11, CHAPTER 1, AND SECTION 42, CHAPTER 2, ALL OF TITLE IX OF THE 1969 E.M.C. ENTITLED "LICENSES AND PERMITS-GENERAL PROVISIONS-AMUSE- MENTS," RELATING TO THE DUTIES OF THE LICENSEES AND ENFORCE- MENT AUTHORITY OF THE CITY LICENSING OFFICER AND RELATING TO CLOSING HOURS OF MISCELLANEOUS AMUSEMENT HOUSES. Mayor Taylor asked if there had been any comments received by the staff relating to the ordinance. Assistant City Manager Nollenberger stated that none had been received. Meeting of October 6, 1975 -20- Councilman Blessing asked how this would affect bowling alleys; Councilman Sovern stated that it was decided in the previous council meeting that bowling alleys would not be affected if they had a liquor license. The liquor license closing law would prevail. Councilman Mann stated that he would like to see the closing hour changed from the proposed 11:00 P.M. to midnight. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AMEND ORDINANCE NO. 37, SECTION 3, PARAGRAPH 9-2-42 BY CHANGING 11:00 TO 12:00 MIDNIGHT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Taylor. Nays: Council Members Jones, Sovern, Clayton, Blessing, Brown. The Mayor declared the motion defeated. Councilman Brown stated that the Council might consider changing the closing hour for weekends only to 12:00 and keeping the closing hour to 11:00 P.M. on week days. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED THE MOTION TO AMEND ORDINANCE NO. 37, SECTION 3, PARAGRAPH 9-2-42 BY CHANGING 11:00 TO READ "11:00 ON WEEKDAYS, 12:00 MIDNIGHT ON FRIDAYS, SATURDAYS, AND SUNDAYS." Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Taylor. Nays: Council Members Jones, Clayton. The Mayor declared the motion carried. The vote on the Motion to Pass Ordinance No. 37, as amended, was as follows: Ayes: Council Members Jones, Clayton, Sovern, Mann, Blessing, Brown. Nays: None. The Mayor declared the motion carried. * * * • • Meeting of October 6, 1975 -21- COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CONSIDER ITEM 6(e) RELATING TO THE LEGAL CASE BETWEEN AMERICAN METAL CLIMAX AND THE DRAVO CORPORATION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. ; City Attorney Berardini introduced a Resolution relating to the City of Englewood's position in the legal case between American Metal Climax and the Dravo Corporation. RESOLUTION NO. 45 SERIES OF 1975 A RESOLUTION RATIFYING THE AGREEMENT OF SEPTEMBER 25, 19691 BETWEEN THE CITY OF ENGELWOOD AND AMAX, REJECTING THE OFFER OF SETTLEMENT BY THE DRAVO CORPORATION OF FOUR HUNDRED THOUSAND DOLLARS; URGING THAT MERITORIOUS DEFENSES BE INTERPOSED TO THE DRAVO CORPORATION SUIT, AND AUTHORIZING THE PAYMENT OF PROPORTIONATE SHARE OF NECESSARY AND REASONABLE COSTS AND EXPENSE OF SUIT. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 45, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion passed. • • • • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING, A BILL FOR AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, A MUNICIPAL CORPOHATION OF THE STATE OF COLORADO, ACTING BY AND THROUGH .-ITS BOARD OF WATER COMMISSIONERS~ ITS SUCCESSORS AND ASSIGNS, A REVOCABLE PERMIT OR LICENSE Tu ENCROACH IN A PORTION OF SOUTH LOWELL BOULEVARD WITH ONE THIRTY-SIX-INCH WATER CONDUIT, SUBJECT TO CERTAIN TERMS AND CONDITIONS. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AS STATED ABOVE. Meeting of October 6, 1975 -22- City Attorney Berardini stated that the Bill for an Ordinance is a carbon copy of one passed by Denver for the City of Englewood, except for a couple of sections relating to construction. Councilman Sovern asked what area this was to serve. Director of Public Works Waggoner said that it was an area that was quite a ways south of Englewood. Upon a call of the roll, the vote on the motion was as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN, A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 4, TITLE XV OF THE 1969 E.M.C., INCREASING FEES TO BE CHARGED FOR CONNECTION TO THE ENGLEWOOD SEWER SYSTEM. COUNCILMAN MANN MOVED THAT CITY COUNCIL TABLE THIS ITEM FOR FUTURE CONSIDERATION BY THE DUDGET COMMITTEE. There was no second. City Manager Mccown stated that he is very interested in getting this item passed, that the City is losing revenue because of it. He emphasized that this ordinance would affect sewer taps only, and not sewer bills. Councilman Mann questioned the fees as they relate to schools, hospitals and mobile home courts. City Manager Mccown stated that $450 relates to each unit as described. Council decided to put the word "each" in front of each one of those items. Council also decided to eliminate Section 2, "That.the foregoing increases in sewer tap fees shall become effective at twelve o'clock A.M. January 1, 1976." COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED I A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTION 5, CHAPTER 4, TITLE XV OF THE 1969 E.M.C. INCREASING FEES TO BE CHARGED FOR CONNECTION TO THE ENGLEWOOD SEWER SYSTEM, AND ADDING THE WORD "EACH" TO THE SECTIONS RELATING TO SCHOOLS, HOSPITALS, MOBILE HOME COURTS, AND CHURCHES, I.E., EACH 12 PUPIL CAPACITY, EACH 4 BED CAPACITY, EACH 3 SITES, AND DELETING SECTION 2. Upon a call of the roll, the vote resulted as follows: Meeting of October 6, 1975 -23- AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion passed. COUNCILMAN SECONDED A MOTION TO ORDINANCE CONCERNING OF OCTOBER 20, 1975. resulted as follows: • • • • • CLAYTON MOVED AND COUNCILMAN SOVERN TABLE CONSIDERATION OF A BILL FOR AN ANIMAL CONTROL TO THE COUNCIL MEETING Upon a call of the roll, the vote Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • INTRODUCED AS A BILL BY COUNCILMAN BROWN, A BILL FOR AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY OF ENGLEWOOD, COLORADO MUNICIPALITIES. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE APPROVING ANNEXATION AGREEMENT BETWEEN THE CITY OF LITTLETON AND THE CITY OF ENGLEWOOD, COLORADO MUNICIPALITIES. In answer to Councilman Mann's concerns for this bill for an ordinance, City Manager Mccown stated that the City of Littleton feels that it could unilaterally annex this area. He further stated that the City of Englewood's rationale for requesting the annexation on a voluntary basis is that it would stipulate favorable clauses in the annexation agreement. He further stated that he does not anticipate any problems with this Agreement. Upon a call of the roll, the vote on the motion for a bill is as follows: Ayes: Council Members Jones, Clayton, Blessing, Brown, Taylor. Nays: Council Member Mann. Abstain: Council Member Sovern. The Mayor declared the motion passed. • • • • • Meeting of October 6, 1975 -24- RESOLUTION NO. 46, SERIES OF 1975 A RESOLUTION SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, DECEMBER 23, 1975, THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCI-I PAL AMOUNT NOT EXCEEDING $2,225,000, FOR THE PURPOSE OF CONS- TRUCTING A RESIDENCE STRUCTURE OF APPROXIMATELY 104 UNITS, FOR THE ELDERLY. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO PASS A RESOLUTION SUBMITTING TO THE REGISTERED QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, AT A SPE CIAL MUNICIPAL ELECTION TO BE HELD TUESDAY, DECEMBER 23, 1975, THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS OF THE CITY IN THE PRINCIPAL AMOUNT NOT EXCEEDING $2,225,000, FOR THE PURPOSE OF CONSTRUCTING A RESIDENCE STRUCTURE OF APPROXIMATELY 104 UNITS, FOR THE ELDERLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • City Attorney Berardini stated that he would be on vacation from October 16 to October 28. • • • • • Council received a memorandum from Lois Kocian, Assistant Director of the Department of Community Development relating to the revolving rehabilitating loan fund status. Mayor Taylor stated that Tom Burns, Director of the Housing Authority, has been directed to go ahead with the recommenda- tion continue the program. • • • • • Director of Public Works Waggoner stated that that I recommendation for the intersection of Downing and Floyd remains the same, that no traffic signals are warranted at that .location. He stated that the status may change in the event of changes in traffic and growth problems in that general area. A short discussion followed between Council and Mr. Waggoner relating to traffic flows at Logan and Downing. • • • • • Meeting of October 6, 1975 -25- Council received a memorandum .noting the change in publication date for the Englewood Herald-Sentinel from Thursday to Wednesday •. This requires a change in our deadlines for sub- mitting information to the newspaper. * * * * * RESOLUTION NO. 47, SERIES OF 1975 A RESOLUTION ACCEPTING TERMS AND CONDITIONS OF ORDINANCE NO. 227, SERIES OF 1975, CITY AND COUNTY OF DENVER, COLORADO, GRANTING A PERMIT TO ENCROACH IN A PORTION OF THE PUBLIC STREET IN THE CITY AND COUNTY OF DENVER, KNOWN AS SOUTH PLATTE RIVER DRIVE, AND ALSO ENCROACHMENT ·IN A PORTION OF THE CHANNEL OF SOUTH PLATTE RIVER AT YALE AVENUE (EXTENDED). COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS RESOLUTION NO. 47. Upon a call of the roll, the vote was as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion passed. * * • • • City Manager Mccown thanked the Council for permitting him to attend the convention for City Managers, and he will submit a report at a later date. • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPOINT JOSEPH W. ESCH AS ASSOCIATE JUDGE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE AGREEMENT PROPOSED BY THE AUDIT SELECTION COMMITTEE BETWEEN THE CITY OF ENGLEWOOD AND SHEPHERD AND COMPANY, INC._ Upon _ a ca11 of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Meeting of October 6, 1975 -26- Nays: None. The Mayor declared the motion carried •. • • • • • Councilman Sovern stated that the Arapahoe County Fairgrounds Committee is interested in annexing the South Drive-In Theater land to the City of Englewood. COUNCILMAN SOVERN A MOTION TO DIRECT THE CITY THE SOUTH DRIVE IN THEATER. resulted as follows: MOVED AND COUNCILMAN MANN SECONDED STAFF TO PURSUE THE ANNEXATION OF Upon a call of the roll, the vote Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • Councilman Mann indicated that the owner of the Englewood Flower Shop located at the corner of Hampden and Washington was experiencing problems in relation to parking availability for the Flower Shop. He said that with the rel~ation of a fire hydrant and the subsequent relocation of parking signs, that the shop is left with one parking space which is a "15-Minute Customer Loading Zone." The shop owner has requested that an additional space be put in again on Hampden toward the corner of Washington. Director of Public Works Waggoner indicated that he has gone by that shop and found that the shop van is the car that is using the customer 15-minute loading zone. He expressed that in his opinion the situation remain as is. The parking spot that was eliminated near the corner of Hampden and Washington was eliminated because of the possibility of an unsafe driving condition. Councilman Mann stated that the van for Englewood Flower Shop is on the street approximately six hours a day, and the loading zone is being used just for that. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO DIRECT THE PUBLIC WORKS DIRECTOR TO MOVE THE "NO PARKING" SIGN AT HAMPDEN AND WASHINGTON IN FRONT OF THE ENGLEWOOD FLOWER SHOP. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO TABLE CONSIDERATION OF A MOTION TO DIRECT THE CITY MANAGER TO DIRECT THE PUBLIC WORKS DIRECTOR TO MOVE THE "NO PARKING" SIGN AT THE CORNER OF HAMPDEN AND WASHINGTON Meeting of October 6th, 1975 -27- IN FRONT OF THE ENGLEWOOD FLOWER SHOP UNTIL THE OCTOBER 20th, 1975, MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown, Taylor. Nays: None. The Mayor declared the meeting adjourned at 1:30 A.M.