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HomeMy WebLinkAbout1974-07-22 (Special) Meeting MinutesI ,, COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 22, 1974 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on July 22, 1974, at 8:00 P.M. The Pledge of Allegiance was led by Mayor Taylor. The invocation was given by Councilman Howard Brown. The following "Notice of Call" was read by the Mayor. NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, JULY 22, 1974 8:00 P.M. The City Cour.cil of the City of Englewood, Arapahoe County, Colorado, is hereby called to a special meeting at the City Hall, 3400 South Elati Street, for the purpose of considering: 1. The Santa Fe-Union annexation. 2. The hiring of a consultant to assist in the selection of a City Manager. J. A request from a group of people to put on the ballot this November 5, 1974, a charter amendment which would enable the electorate to vote every four years on the retention or termination of the City Manager. 4. The changing of Council meetings from the first and third Mondays of each month to every Monday night. (City Code Section 1-4-1, page lJ.) 5. Action to be taken on the median strip on South Broadway. 6. The hiring of a negotiator for the river redevelopment. (Copies of a memo from the Acting City Manager with attachments enclosed.) /s/ Kells Waggoner KELLS WAGGONER Acting City Manager KW:dfl Minutes or Meeting of July 22, 1974 2 ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all Council members of the City of Englewood, do hereby acknowledge receipt of notice of the above special call. /s/ Paul T. Blessing /s/ Howard R. Brown /s/ James L. Taylor /s/ David B. Clayton /s/ Douglas T. Sovern /s/ Lee R. Jones The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Clayton, Brown, Blessing, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. Also present were: Acting City Manager Waggoner City Attorney Berardini Assistant City Manager Mccown Director of Finance Nollenberger Director of Community Development Supinger * * * * * Mayor Taylor stated that the first item on the agenda was the consideration of the Santa Fe-Union annexation. He asked Acting City Manager Waggoner to give a summary of the Santa Fe- Union annexation proceedings. Acting City Manager Waggoner stated that this would probably best be done by the City Attorney. City Attorney Berardini stated that in 1971 the City tried unilateral annexation in the Santa Fe-Union area. The Planning and Zoning Commission of the City had said that it would I be desirable to annex that area. Residents and owners in the I area contested that annexation as a result of a petition filed with the City of Sheridan for annexation, so an election was held. The vote was taken on three issues, that of annexing to Englewood, that of annexing to Sheridan, or that of being annexed at all, and all three were in the negative. In 1973 the procedure was begun again on a unilateral annexation, which ultimately resulted in the annexation on the area on December 8, 1973. I ,, Minutes of Meeting of :3f>:i July 22, 1974 3 City Attorney Berardini stated that annexation did not require approval of the voters due to the fact that it was unilateral under the State law. Mayor Taylor stated that he would take his prerogative of making a motion as a member of the Council. MAYOR TAYLOR MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP A RESOLUTION OR OTHER APPROPRIATE LEGAL DOCUMENTS ABANDONING ANNEXATION IN THE SANTA FE-UNION AREA. Councilman Clayton inquired whether anyone was present who had an accurate idea of how many people were involved and their feelings on the matter. Mayor Taylor stated that he would ask the City Attorney to read a newly received letter from John Gollub of the firm of Myrick and Newton first. The City Attorney read the letter into the record. Councilman Blessing stated that Englewood and Sheridan had been at odds over this in 1970. The City of Englewood had provided services to the area in the past and the area would provide a base of tax support for the City in the future. He stated that the area would have to be annexed sometime in the future, and he strenuously opposed the abandoning of the annexation at this time. Councilman Sovern stated that the City has provided many services to the people in this area. The street system of the City has served them, as well as parks being available within close proximity and fire services. The water and sewer service would be extended to these areas at their cost. He stated that the police protection available under the County was very marginal and it was difficult for the Arapahoe County Police to patrol since it was an island surrounded by other cities. He stated that the City had an obligation to the region as a whole to integrate these type areas into the City. He felt it would be the best overall situation for the whole area. Councilman Blessing stated that it was in court at this time, and that if the judge ruled against the annexation, the City would then have to abide. He thought, however, due to the court matter, that it was almost out of order to be considering this at this time. Councilman Jones stated that he had been on the Planning and Zoning Commission and seen some or the problems of multiplicity ot uses in the area. He hoped that the citizens now in that area would see the implications to themselves or the abandonment or the annexation. Mi nu t es o r Meet ing o r July I 19?4 4 Councilman Brown stated that he would see it as an effort to enlarge the area of Englewood. He felt that the City could provide services and that the Planning and Zoning Commission had felt frustrated in zoning the land. He felt that the City should see a more thorough study before any attempt at abandoning the annexation. Mayor Taylor stated that these people do not want to be in the City of Englewood and if they did not want our services, we should not force them to be. He stated that he was not his brother's keeper, and he could not vote for the people to be forced into the City of Englewood. He thought the City was spending a lot of money on this issue and questioned the logic or it. Mr. Art Martin, Jr., Chairman of the Planning and Zoning Commission, appeared before Council. He stated that the Planning and Zoning Commission had gone through a strenuous process in satisfying the desires of the inhabitants of the area. He stated that integration of this area into the City would benefit the overall metropolitan area as a result. He stated that the way the annexation took place was not up to the City, but rather up to a court of law and should be decided there. He felt that most of the planning and zoning issues had been resolved by the Planning and Zoning Commission, and that the annexation was best for both parties in the long range. Mr. Walter Sole appeared before Council. He stated that he was against the annexation until he had a chance and was allowed to vote on it. Mr. John Gollub appeared before Council representing the firm of Myrick and Newton, Attorneys. He stated that the people were against being annexed against their will. He believed that the court would declare the annexation invalid. He felt that the only logical choice at this point was to de-annex the area and allow the people to vote. City Attorney Berardini stated that it would not do any good to argue legal aspects of the annexation at this time, and that the Council could not re-do the finding of facts which had been previously presented. He felt that the Court would have to decide on that issue unless the City Council directed him to carry the case no further. Mayor Taylor stated that he did not believe in unilateral annexation. Mrs. Jane Schnackenberg appeared before Council. She questioned Council on the total amount of money which had been spent on the annexation to date pursuing studies and opinions, and surveys. She felt that we should not pour these tax dollars down the drain until the judicial side had its say. I I I ,, Minutes of Meeting of July 22, 1974 5 Acting City Manager Waggoner stated that the majority of the money spent had been in services rendered by City of Englewood employees. MAYOR TAYLOR ASKED FOR THE QUESTION ON THE PREVIOUS MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP A RESOLUTION OR OTHER APPROPRIATE DOCUMENTS ABANDONING THE ANNEXATION OF THE SANTA FE-UNION AREA. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Taylor. Nays: Council Members Sovern, Blessing, Brown, Clayton. Absent: Council Member Mann. The Mayor declared the motion defeated. * * * * * Council began discussion of the hiring of a consultant to assist in the selection of a City Manager. Acting City Manager Waggoner stated that he needed direction from the Council on how to proceed in this area. Councilman Brown stated that the City had many resumes and needed to decide among themselves how -this process was to be done. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO NOT HIRE ANY CONSULTANTS TO HELP IN THE HIRING PROCESS OF A CITY MANAGER. Mayor Taylor called for discussion on the motion. Councilman Clayton stated that the Council may need some additional information in order to get the number down once a select few are left. Councilman Brown stated that we had some personnel on our own staff who could help decide when it gets down to the last few. Councilman Sovern stated that he agreed with the intent or the motion, but that it was going to get down to a point when he doubted that the City staff should investigate their own potential boss. He stated that the City Council may want some specific background checks made at that time and he was not sure exactly what the procedure would be then. Councilman Blessing stated that it was the City Council's job to cut the number down and that when they did get down to the final few, they might need some additional expertise. He would Minutes of Meeting of July 22, 1974 6 have to question the City staff investigating their own boss, also. He felt that the motion should not be quite as blunt as it reads presently. Councilman Jones stated that many of the resumes were submitted in confidence and that a professional hiring firm might be able to get information not available to the City Council due to the confidentiality. Councilman Clayton stated that it needed to be worked down to a reasonable number of people and there may be some time in the future when we need additional information. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO AMEND THE ORIGINAL MOTION BY ADDING THE WORDS "AT THIS TIME" ON THE END. Mayor Taylor read from the City Charter concerning the Council's responsibilities in the hiring of a City Manager. Councilman Clayton stated that the City Council should go to work on the process of picking a City Manager, but not exclude outside help in the future should it be needed. Councilman Brown stated that he would have to vote "no" and he questioned exactly what these people could do. Mr. David Stevenson, 3275 So. Race Street, appeared before Council. He stated that everybody should vote "no" and that guidelines should be set up in order to pick a City Manager. He felt that the City Council had to know why they had hired the individual, rather than a consulting firm. MAYOR TAYLOR ASKED FOR THE QUESTION ON THE AMENDMENT TO ADD THE WORDS "AT THIS TIME" TO THE END OF THE ORIGINAL MOTION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Blessing, Jones, Clayton. Nays: Council Members Sovern, Brown, Taylor. Absent: Council Member Mann. The Mayor declared the motion defeated. MAYOR TAYLOR ASKED FOR THE QUESTION ON THE ORIGINAL MOTION TO NOT HIRE ANY CONSULTANTS TO HELP IN THE HIRING PROCESS OF THE CITY MANAGER. Upon the call of the roll, the vote resulted as follows: I I I I Minutes of Meeting of July 22, 1974 7 Ayes: Council Members Blessing, Clayton, Sovern, Brown, Taylor. Nays: Council Member Jones. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * Council received a request from a group of people to put on the ballot November 5, 1974 a charter amendment which would enable the electorate to vote every four years on the retention or termination of the City Manager. Councilman Brown stated that he was sure that the people who proposed this resolution were sincere and meant well, but that he felt that the hiring of a City Manager was the Council's Job. He felt that many of the individuals who had already applied for the City Manager position in the City would take their resumes back if election by the people every four years was over their head. He felt that the Council was very close to the City's situation and would have to assess the City Manager's abilities. Councilman Blessing stated that he strenuously disagreed with the resolution and questioned the number of people who would apply if this were put into the City Charter. Councilman Clayton stated that he was opposed to the Council putting this on the ballot by motion even though it opens up government a little more to the people. He felt that it was a major step which would affect the way the City Manager thinks and that the citizenry needed an education process before it should go on the ballot. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION THAT THE COUNCIL WOULD NOT PUT THE RECOMMENDED CHARTER AMENDMENT ON ARTICLE 15 ON THE BALLOT ON NOVEMBER 5, 1974. Mayor Taylor opened the floor for discussion. Councilman Sovern stated that he disagreed with the philosophy of the petition where the City Manager is accountable to more than just the Council. He stated that the type person who would then apply for the job would be the type people who had nothing to lose in making their application for it. He questioned if the City wanted these type people as their City Manager. Mr. David Stevenson, 3275 So. Race Street, appeared before Council. He stated that he would echo Councilman Sovern's Minutes or Meeting or July 22, 1974 e statement, and that he wanted to depend on the Council members to decide who the City Manager would be. He stated that the Council members were responsible to the people in case of extreme cases. Mr. Gene Turpin appeared before Council. He stated I that be was a delegate to the Charter convention in 1958 and to the revision or the Charter in 1965. He felt that the Char t er commi tt ee had bad the benefit of the best instructions available to a Charter convention. He felt that the City Manager could not have two bosses, that being the City Council and the people at the same time. The International City Management Association frowned very heavily upon this type or situation. He suggested that the old Charter delegates be reconvened to look at this aspect of a Charter change and any other one. MAYOR TAYLOR ASKED FOR THE QUESTION ON TH! ORIGINAL MOTION THAT THE COUNCIL WOULD NOT PUT THE RECOMMENDED CHARTER AMENDMENT ON ARTICLE 15 ON THE BALLOT ON NOVEMBER 5, 1974. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Taylor, Clayton. Nays: None Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * Council began discussion of a change in the Council meetings from the first and third Mondays of each month to every Monday night. Mayor Taylor stated that the Council should see if the y could not get caught up on the backlog of work which has buil t up. Councilman Blessing stated that the answer was probably t wo meetings a month with special ones to take care of any special situations when necessary. There was a general discussion of how the Council might call meetings for business transactions. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO DRAW UP AN ORDINANCE FO R THE COUNCIL CHANGING THE CITY CODE TO MAKE MEETINGS EVERY MON DAY EVENING. I I I Minutes of Meeting of July 22, 1974 9 Councilman Clayton stated that he was basically in favor or the motion, but that the Council should work with the School Board who met on the other Monday night that the Council currently did not meet on. Mr. Don Fullerton, 3265 So. Race Street, appeared before Council. He chastised the City Council for calling a special meeting on Friday night on such important issues without proper notice to the public. He stated that it was extremely hard for citizens to attend four to five meetings a month, and felt that two meetings would be better. Mayor Taylor apologized for calling the meeting so late on Friday, but that he had hoped that more publicity would be given by the radio. Councilman Sovern stated that he was afraid that what was going to happen was that the City Council would spend more time covering less. He felt that the Council would spend their time handling things with greater dispatch in the limited amount of time available. Councilman Blessing stated that two meetings a month would get the job done and a special meeting could be added when necessary. Councilman Brown stated that he saw loopholes in the particular motion as discussion went on. He withdrew his motion to request the City Attorney to draw up an ordinance for the Council to change the City Code to change meeting nights to every Monday night. Councilman Jones withdrew his second. Mayor Taylor stated that two meetings would be continued for the present. * * * * * COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED ' A MOTION TO PUT A LEFT TURN LANE IN THE MIDDLE OF BROADWAY FROM U.S. 285 TO QUINCY, RATHER THAN A RAISED MEDIAN STRIP. Councilman Clayton stated that he had asked people over the last two weeks which they would prefer. He had talked to 27 people in District 3; two had no opinion, six wanted a median strip, and 19 wanted a painted left turn lane. He stated that in the future the decision for raised medians or not would be probably moved north where his business was located. He emphasized the fact that his business would not be affected by a raised median or a painted median. Mayor Taylor stated that a survey had been taken along South Broadway. 165 individuals were surveyed, of which 161 were against the raised median and four in favor. Minutes or Meeting or July 22, 1974 10 Councilman Blessing stated that he was concerned about the safety aspect of the painted medians. Acting City Manager Waggoner stated that a raised median was safer for pedestrians and traffic. Councilman Sovern stated that he could not support the removal of the medians. He felt the City Council was treating the road as a neighborhood road rather than a major traffic carrier. People protesting the widening of the street do not realize that the median would either be painted, making it illegal to cross, or raised. 25,000 cars a day travel Broadway. He felt that they would be much happier and safer with a raised median. Additionally, trees and greenery would be put into the median and the City needed greenery wherever it could be obtained. There were a lot of reasons that other areas were removing their medians, but by the removal of trees and medians in this case, the common guy was losing the battle to the almighty dollar. Mr. David Stevenson, 3275 So. Race Street, appeared before Council. He stated that the traffic flow was the reason he did not want to allow turning in mid-block. Acting City Manager Waggoner stated that he had talked to JS owners of property along the area. 32 or the JS favored the widening of South Broadway. 15 were in favor of raised medians and 18 against. He stated that 20 of them wanted planters in the median ir the median was constructed. He stated that the cost of maintaining medians would be more than a painted one and it would cause some problems with sweeping and snow removal. He questioned whether the City should forego the beautification because of the cost. Councilman Blessing inquired as to where the City currently stood in relationship to the State's construction of the project. Acting City Manager Waggoner stated that the State was doing the widening at this time. The City was paying for the additional planters and plantings and ornamental light poles. Mr. Eden Recor appeared before Council. He stated that he had a business on South Broadway and that his main objection is that it would take more time for the snow to be removed in the winter. I Mrs. Sybil Bachelor appeared before Council. She I stated that there was some confusion in the minds of the people along Broadway. Councilman Jones stated that a raised median would compound the problem of high speeds along Broadway and cause additional traffic. I I Minutes of Meeting of July 22, 1974 11 Councilman Sovern stated that he questioned the statement that the median would cause more traffic, because the traffic now was a result or what the neighboring cities were doing, and growth in the south area. Mayor Taylor questioned whether it is not proper at times for an emergency vehicle to turn in mid-block. Councilman Sovern stated that he felt that the police cars should never turn anywhere except at an intersection. Councilman Blessing stated that the snow could be piled on the median so as to get it off the street and that the upkeep of the medians was about $1,000 per year. Margaret Clark, 400 West Belleview, appeared before Council. She stated that businessmen had ample opportunities to speak at a public hearing two or three months ago. She could not believe that the Council was opposed to safety and beauty. Mr. Eden Recor appeared before Council. He stated that a wide median strip was necessary if the Council was to make a median at all. He stated that the business supported the City and needed to be listened to on this item. MAYOR TAYLOR ASKED FOR THE QUESTION ON THE MOTION TO PUT A LEFT-TURN LANE IN THE MIDDLE OF BROADWAY FROM U.S. 285 SOUTH TO QUINCY, RATHER THAN A MEDIAN STRIP. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Clayton, Taylor. Nays: Council Members Sovern, Blessing, Brown. Absent: Council Member Mann. The Mayor declared the motion defeated. * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE ITEM 6 ON THE AGENDA, THE HIRING OF A NEGOTIATOR FOR THE RIVER REDEVELOPMENT PROJECT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Clayton, Taylor, Sovern, Blessing, Brown. Nays: None Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * 12 COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Jones, Clayton, Taylor, Sovern, Blessing, Brown. Nays: None Absent: Council Member Mann. The Mayor declared the motion carried and the meeting was adjourned at 10:25 P.M. K~/\/4~ ex officio Clerkvor-the-Councll I I