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HomeMy WebLinkAbout1979-11-05 (Regular) Meeting MinutesI REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 5, 1979 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 5, 1979, at 7:40 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Stanley Fixture, Englewood United Methodist Church, 3885 South Broadway. The Pledge of Allegiance was led by Boy Scout Troop #154. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Absent: Council Member Mann. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown City Attorney Berardini Assistant City Manager Curnes Director of CoD1DUnity Development Wanush Director of Utilities Fonda Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF OCl'OBER 15, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * November 5, 1979 Page 2 COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 22, 1979. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: \ Council Members Williams, Giseburt, Smith, Clayton. None. Council Member Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 25, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Abstain: Absent: Council Members Williams, Giseburt, Smith, Clayton. None. Council Member Taylor. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN GISEBURT MOVED TO APPROVE THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 27, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Clayton. Nays: None. Abstain: Council Member Taylor. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * I November 5, 1979 Page 3 Mr. John McNamara, attorney, Criswell & Patterson, 3780 South Broadway, was present on behalf of Mr. Franz Hunnnel, Hunnnels Delicatessen, Inc., 701 W. Hampden Avenue. ·Mr. McNamara requested a date for a public hearing and a designation of neighborhood re- garding the application of a beer and wine license for Mr. Humnel's business. COUNCILMAN SMITH MOVED TO SET A PUBLIC HEARING FOR FRANZ HUMMEL, HUMMELS DELICATESSEN, INC., 701 W. HAMPDEN AVENUE, ON JANU- ARY 14, 1980, AT 7:30 P.M. AND THAT THE RADIUS FOR THE APPLICATION BE SET FOR TWO (2) MILES. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. John McNamara, attorney, Criswell & Patterson, 3780 South Broadway, was also present on behalf of KPL, Inc. Mr. McNamara requested that the public hearing concerning the KPL, Inc. retail liquor store license application scheduled for November 12, 1979, be postponed until a later date because his client would be out of the country on the 12th. COUNCILMAN SMITH MOVED TO SET THE PUBLIC HEARING DATE FOR KPL, INC., ON JANUARY 14, 1980, IMMEDIATELY FOLLOWING THE HEAR- ING OF FRANZ HUMMEL, HUMMELS DELICATESSEN, INC., OR AS SOON THERE- AFI'ER AS COUNCIL CAN HEAR IT. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO BRING FORWARD AGENDA ITEM 4B - PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL EVENTS PERMIT November 5, 1979 Page 4 FOR BEER, WINE AND LIQUOR, FOR ALL SOULS CATHOLIC CHURCH, 435 PENNWOOD CIRCLE FOR A FUND RAISING DANCE ON NOVEMBER 17, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEARING. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. Deputy City Clerk Johannisson presented the application. Mr. Johannisson stated all fees and documents had been received by the City Clerk's office making the file complete. Ms. Terry Marinkovich, 5699 Green Oaks Drive, Littleton, appeared before Council representing All Souls Church. She sub- mitted the photograph of the notice of posting and requested that Council grant the permit. Mayor Taylor asked if there was anyone else in the audi- ence wishing to speak in favor of the permit. No one responded. Mayor Taylor asked if there was anyone in the audience wishing to speak against the permit. No one responded. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. November 5, 1979 Page 5 Absent: Council Member Mann. The Mayor declared the motion carried. COUNCILMAN WILLIAMS MOVED TO GRANT THE. REQUEST FOR A SPECIAL EVENTS PERMIT FOR THE ALL SOULS CATHOLIC CHURCH FOR THE 17TH OF NOVEMBER, 1979, TO THE 18TH OF NOVEMBER, 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mr. Byron Sutton, 1104, 2500 West Hampden Avenue, was present. Mr. Sutton stated the trees that were planted along the golf course to protect the trailer court from being hit with hook- dri ven golf balls were not effective barriers. He reported the golf balls were going over the trees, entering the trailer court and causing property damage to the occupants of the court. Mr. Sutton stated something should be done to prevent further damage and possible injury. In response to Mayor Taylor's question, Mr. Sutton stated he was representing himself on the matter; however, he had a friend with him who also had some property damage as a result of the golf balls hitting his truck. At the request of Council, Mr. Steven Derr, 2500 West Hampden Avenue, appeared before Council. ·Mr. Derr reported on the damage done to his truck and other trailers in the court. Mr. Derr stated he had reported the incident to the Sheridan City Council. Mayor Taylor asked the City Manager if any staff mem- ber had been to the trailer court to investigate the damage. City Manager Mccown stated Mr. Curnes had been in con- tact with Mr. Derr. The claim was turned in to the insurance company. Mayor Taylor sufgested that members of Council go down to the trailer court and ook at the alleged damages. November 5, 1979 Page 6 Mayor Taylor stated both the Council and Mr. Sutton had been informed that the golfer who drove the golf ball was liable and not the City. Mr. Sutton thanked Council for listening to his problem. Mayor Taylor stated Council would take a look at the situation and find out what could be done. * * * * * * COUNCILMAN WILLIAMS MOVED TO BRING FORWARD AGENDA ITEM 4A -PUBLIC HEARING TO CONSIDER A REQUEST FOR A CHANGE OF LOCATION OF RETAIL LIQUOR STORE LICENSE FOR OLD TOWN LIQUORS, 325 EAST JEF- FERSON AVENUE AND TO OPEN THE HEARING. Councilman Clayton ·seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Absent: Council Member Mann. The Mayor declared the motion carried. Deputy City Clerk Johanniason presented the application from Old Town Liquors presently located at 325 East Jefferson Ave- nue requesting a change of location to 1215 East Hampden Avenue. Mr. Johannisson stated the City Clerk's office has the file com- pleted with the following information: 1. The application. (City Exhibit A) 2. The notice for public hearing published in the Englewood Herald Sentinel. 3. Letter to the applicant indicating that the appli- cation was complete and ready to be submitted to Council. 4. Letter of intent -an agreement between the appli- cant and the owner of the property giving him the right to lease the property. 5. Letter from the Englewood Zoning Department showing that the permitted use is eligible for a liquor store at that location. 6. The applicant has provided a diagram of the building layout. November 5, 1979 Page 7 7. 8. A map of the area that was being considered, encom- passing the designated neighborhood in which peti- tioning was done, and indicating what other similar outlets were already established in the area. Petitions done by Oedipus, Inc. (City Exhibits B - E) and the petition report (City Exhibit F). Max Scott, Oediups, Inc., 1200 Pearl, Boulder, appeared before Council, was sworn in and gave testimony concerning his re- port and the results of the survey for which he was contracted by the City to do for the purpose of determining the needs and desires of the neighborhood regarding the · application. Mr. Scott read through the report and discussed the methods he used in conducting the survey. Mr. Scott stated based on the needs and desires and the language of the petition format, the final statistics show 72.35% in favor and 27.651. against. Mayor Taylor asked if anyone in the audience wished to speak in favor of the application. Harry Reese Braun, 3173 South Ogden, appeared before Council and was sworn in by the Clerk. Mr. Braun did not be- lieve the needs and desires of the neighborhood were being met. Mr. Braun spoke in favor of the application on the basis that the move would make the store more centrally located in the area and reduce the amount of traffic at its present location. Mayor Taylor asked if anyone in the audience had ques- tions for Mr. Scott and/or Mr. Braun. Mrs. Pearl Layton, 3563 South Downing, appeared before Council. Mrs. Layton directed her question to Mr. Scott. She asked how many people in the survey were renters and how many were permanent residents. Mrs. Layton stated renters were not interested in the co11111Unity as were permanent residents; and permanent residents who lived in the comnunity would not want a liquor store that close to their homes. Mr. Scott stated the neighborhood was predominatly R-1 home-owner-occupied and a specific answer on the number of ten- ants and home owners would have to be checked against an assess- or's list or the Cole's directory. Mr. Scott estimated that at least 801. -851. of the people contacted were home-owner-occupied, business, owners, or managers. Mrs. Layton queried why there were no addresses in the 3500 block of South Downing on the petitions. November 5, 1979 Page 8 Councilman Smith asked the City Attorney to clarify whether or not it is relevant that the people contacted be pro- perty owners or renters in regard to petitioning on this matter. City Attorney Berardini stated it made no difference whether the signatures obtained were from property owners or renters or .if they were from managers or owners of business; they were all interested parties. Mayor Taylor asked if there were further questions to ask of Mr. Scott and/or Mr. Braun. Randy Brown, 3557 South Downing, appeared before Coun- cil. Mr. Brown stated he possessed a petition that contained thirty-three (33) signatures of people in objection and asked Mr. Scott to describe the discrepancy between his (Mr. Brown's) petiton and the one done by Mr. Scott. Mr. Scott stated he did not know under what circum- stances Mr. Brown conducted his petitioning. Mr. Scott then explained the concept and the methods his staff used in con- ducting the survey. Mr. Brown stated a survey could be interpreted any- way the surveyor desires and questioned the objectiveness of Mr. Scott's report. Mr. Scott explained his client was the City of Engle- wood and was interested only in the mechanics of survey. He stated he had no vested interest in the outcome. Mr. Brown examined the report from Oedipus, Inc. and the petitions. Mr. Brown asked why the area closest in proximity to the location site was not petitioned. Mr. Brown felt that by not contacting these people the results of the survey would pro- bably be biased. Mr. Scott pointed out what addresses were contacted in the iDlllediate area. Mr. Scott stated his method had been cross checked against alternate methods and had been proven to provide no difference in statistical results. Mayor Taylor asked if there were further questions to be asked of Mr. Scott and/or Mr. Braun. Mr. Harry Atwell, 3333 South Bannock, attorney for Mr. Mcintyre -Old Town Liquors, Inc., appeared before Council. November 5, 1979 Page 9 Mr. Atwell asked Mr. Scott if the purpose of the survey was to obtain a close approximation of the what the general prevailing attitudes were in a geographical area. Mr. Scott answered in the affirmative. Councilman Giseburt asked if spot petitioning was a true representation of the affected neighborhood. Mr. Scott explained that he had been in this business for ten years and conducted numerous similar surveys. Mr. Scott stated regardless .of whether the conducting of surveys was for, against, statistics have been the same. The petitioners are trained and managed. Mr. Scott stated he had conducted surveys ln vhi h overyono wa1 contacted and attempt• were made later on to contact those people who were not at home and percentage-wise compared to spot petitioning the statistics were within 3 -51. of each other. Mr. Scott explained based on his experience with different methods of surveying, the process used in this survey were reliable and the results fairly represented the attitudes of the neighborhood baaed only on needs and desires. Mr. Brown asked further questions of Mr. Scott concern- ing the categorical results of his report. Mr. Scott explained the format used in gathering the information and the groups of people that would be eligible to participate in the survey. Councilman Smith offered coDlllents relative to the hear- ing to clarify the criteria for which a liquor license can be granted or refused. Mr. Smith stated his personal position would be probably to vote afainst liquor applications issued in the City of Englewood; but by aw there are only two reasons to either grant or deny a liquor license: 1) that the needs of the neighborhood are being or not being met, and 2) that the desires of the neigh- borhood are such that the residents want it or they do not want it. There were no further questions to ask Mr. Scott. Mayor Taylor asked if there were questions to be asked of Mr. Braun. Randy Brown, 3557 South Downing, appeared before Coun- cil. Mr. Brown aaked Mr. Braun to expound on his earlier state- ment regarding the reduction of traffic in the Englewood area by moving the liquor store to Hampden and Downing. Mr. Braun stated the store as well as the two similar outlets are on very buay streets. When the store is moved, traf- November 5, 1979 Page 10 f ic would be reduced for anyone attempting to go to a liquor es- tablishment by not having to enter on a very busy intersection. There were no further questions to ask Mr. Braun. Mr. Harry Atwell, 3333 South Bannock, attorney for Mr. Bob Mcintyre -Old Town Liquors, Inc., appeared before Council. Mr. Atwell called Mr. Mcintyre to appear before Council and give testimony regarding the liquor license application. Mr. Robert L. Mcintyre, 3140 South Dahlia, was present and was sworn in by the Clerk. Mr. Atwell questioned Mr. Mcintyre regarding his per- sonal and business background. Mr. Mcintyre provided information and gave response to the reasons why he was applying for the trans- fer of license. Mr. Atwell submitted Applicant's Exhibit A -a photo- graph of the notice of public hearing posted on the proposed site location. Mayor Taylor asked if anyone in the audience had ques- tions to ask Mr. Mcintyre. Mr. Randy Brown, 3557 South Downing, appeared before Council and cross-examined Mr. Mcintyre regarding the reason why he was relocating his business, if the shopping center where he was presently located was being considered for sale, and if the posting of notice of hearing had been posted according to regulation. Mr. Mcintyre gave response to the questions. Judy Brown, 3557 South Downing, appeared before Coun- cil and asked questions as to why Mr. Mcintyre was changing loca- tions. Mr. Mcintyre provided information to the questions. Councilman Clayton offered conments to the zoning de-I signation question raised durinf the hearing. Mr. Clayton stated the zoning waa both proper and egal for the requested use. , Councilman Smith asked for a ruling from the City At- torney on whether or not the hearing should be postponed because the notice of hearing sign was moved to a more conspicious place during the 10-day posting requirement mentioned by Mr. Brown in his cross-examination of Mr. Mcintyre. November 5, 1979 Page 11 City Attorney Berardini stated testimony would be re- quired by the City Clerk as to whether the aign waa actually post- ed, where and when it was posted, and to where it was moved. Mr. Berardini stated in his opinion as long as the property was post- ed according to the rules of the Liquor Board, it met the require- ments of the law (10 days prior to the hearing). If the sign was moved later to make the sign more conspicious, it would not affect the 10 day ruling if it was posted for 10 days. Mr. Atwell asked Mr. Mcintyre questions pertine~t to the viewing of the sign. Mr. Mcintyre provided answers in that he could see the s gn on the lot from the street and no other buildings were on the lot. Council asked for testimony from Deputy City Clerk Johan- nisson regarding the posting of the notice. Deputy Clerk Johannisson appeared before Council and was sworn in by the Clerk. Mr. Johannisson provided information on the posting of notice and the background which initiated the re- positioning of the sign on the lot. Mr. Johannisson stated the ini- tial posting of the sign was in conformity with the Code; and in response to the City Attorney's question, Mr. Johannisson stated the posting was continuous. There were no further questions for the City staff or the applicant. Mayor Taylor asked if there was anyone in the audience wishing to speak against the application. Randy Brown, 3557 South Ogden, appeared before Council and was sworn in by the Clerk. Mr. Brown objected to the issuance of the application on the following grounds: 1. in his opinion the 10 day requirement for posting was not met because the sign had been moved. 2. in reference to Councilman Clayton's statement on zoning, the zoning may allow the business but will not guarantee its placement. 3. 4. he understood the shopping center where Mr. Mcintyre was presently located was up for sale. barring people from participation in the survey be- cause they had religious reasons against liquor was discriminatory. 5. there were too many children in the area. November 5, 1979 Page 12 6. the people most affected by the change in -location were not represented on the survey. Mr. Brown submitted a petition containing thirty-three (33) signatures of people opposed to the application. (Opponent's Exhibit A) Mayor Taylor asked if there were any questions to ask of Mr. Brown. Mr. Atwell, attorney for the applicant, appeared before Council and cross-examined Mr. Brown. Mr. Atwell objected to the submission of Mr. Brown's petition on the basis that it was not purport to the survey and lacked the proper foundation for protest. Mr. Brown stated he knew everyone who had signed the petition. Mayor Taylor asked if there was anyone else wishing to speak against the application. Gerald Slack, 3124 South Downinf, appeared cil and was sworn in by the Clerk. Mr. S ack stated ed Hampden and not Downing and he did not notice the after he had driven by it for four days. before Coun- the sign fac- sign until Judy Brown, 3557 South Ogden, appeared before Council and was sworn in by the Clerk. Mrs. Brown stated she opposed the application and asked if the survey taken by Oedipus was normal procedure. City Attorney Berardini explained why Council adopted the policy to conduct a professional survey on the grounds that it was to receive an unbiased report. Mrs. Pearl Layton, 3563 South Downing, appeared before Council and was sworn in by the Clerk. Mrs. Layton asked that people in the audience who opposed the application to stand. Nine people stood up. : Mayor Taylor asked if there were any further objectors wishing to speak to Council. No one responded. At the request of Council, Mr. Atwell gave closing re- marks in support of the application for Old Town Liquors, Inc. Mr. Randy Brown, 3557 South Ogden, appeared before Coun- cil and gave rebuttal remarks in opposition. November 5, 1979 Page 13 Mayor Taylor stated Council would consider all the com- ments made and make a decision within thirty (30) days. COUNCILMAN GISEBURT MOVED TO CLOSE 'THE PUBLIC HEARING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williama, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED TO BRING UP THE MATTER OF OLD TOWN LIQUORS, INC. REQUEST AT THE NEXT REGULAR COUNCIL MEETING ON DECEMBER 3, 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Giseburt, Smith, Clayton, Taylor. Nays: Council Member Williams. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 10:00 p.m. Council reconvened at 10:20 p.m. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Absent: Council Member Hann. The Mayor declared a quorum present. * * * * * * Mayor Taylor asked if there were any ,other visitors wish- ing to speak to Council. Mr. Marten Lathrop, 3259 South Clarkson, appeared before Council. Mr. Lathrop presented Mayor Taylor with a Distinguished November 5, 1979 Page 14 Service Award in appreciation of public service in promoting the nationwide observance of United Nations Day 1979. Mayor Taylor accepted the award on behalf of Council. There were no other visitors to be heard from at this time. * * * * * * "Co11111Unications -No Action Recommended" on the agenda were received: (a) Minutes of the Denver Regional Council of Governments meeting of September 19, 1979. (b) Minutes of the Planning and Zoning Commission meeting of October 2, 1979. (c) Minutes of the Public Library Board meeting of October 9, 1979. (d) Minutes of the Downtown Development Authority meeting of October 10, 1979. (e) Minutes of the Parks and Recreation Commission meeting of October 11, 1979. (f) Memorandum from the Director of Engineering Services to the City Manager concerning his attendance at the International American Pub- lic Works Congress and Equipment Show, Sep- tember 23 to 27, 1979. (g) Memorandum from the Director of Public Works to the City Manager concerning his attendance at the International American Public Works Congress and Equipment Show, September 23 to 27, 1979. * * * * * * City Manager Mccown presented a memorandum concerning the EDDA propoaal relating to improvements of parking and enhance- ment of buaineaa places in the 3400 block of South Broadway, South Lincoln and the 00 block of East Girard and East Hampden. COUNCILMAN SMITH MOVED TO REFER THE MATTER AND MEMORAN- DUM ON THE EDDA PROPOSAL DATED NOVEMBER 1, 1979, TO THE PLANNING AND ZONING COttnSSION. Councilman Clayton seconded the motion. Council discussed the proposal at length. I November 5, 1979 Page 15 COUNCILMAN CLAYTON MOVED THAT THE MATTER OF THE EDDA PROPOSAL BE SET FOR PUBLIC HEARING ON DECEMBER 3, 1979, AT 7:45 P.M. Motion died for lack of a second. COUNCILMAN SMITH MOVED THAT THE MATTER OF THE EDDA PRO- POSAL BE SET FOR PUBLIC HEARING ON DECEMBER 18, 1979. Councilman Giseburt seconded the motion. At the request of Council, James Keller, Executive Di- rector of the Englewood Downtown Development Authority, appeared before Council and discussed the proposal. Mr. Keller stated Coun- cil can approve or deny the proposal after the public hearing. Councilman Giseburt asked if there was a master plan by which the Authority was going to follow. Mr. Keller stated the Authority is not required to pro- vide a master plan for the redevelopment of the downtown area. It is only required to submit a need or a project. Councilman Giaeburt requested that a study session be set up prior to December 18th to discuss the proposal. City Attorney Berardini stated a meeting had been sche- duled with the City's bond counsel, fiscal advisor, members of the executive board of the Authority, the Director of Community De- velopment, and himself on Thursday morning to discuss methods of financing for the proposal. Upon a call of the roll, the vote on Councilman Smith's motion to set a public hearing on the EDDA proposal for December 18, 1979, resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Utilities Fonda presented the minutes of the Water and Sewer Board meeting of October 16, 1979 with a reconunenda- tion concerning Annexation to South Arapahoe Sanitation District Supplement 25. November 5, 1979 Page 16 COUNCILMAN CLAYTON MOVED TO APPROVE SUPPLEMENT 25 TO SOUTH ARAPAHOE SANITATION DISTRICT SUBJECT TO RECEIPT OF LETTER FROM SOUTH ARAPAHOE SANITATION DISTRICT THAT ACKNOWLEDGES UNDER-I STANDING BY THE DISTRICT THAT NO ADDITIONAL TAPS WILL BE GRANTED UNDER THE TAP ALLOCATION FORMULA BECAUSE OF THE ADDITIONAL LAND ADDED TO THE DISTRICT UNDER THIS AND FUTURE SUPPLEMENTS. Council- man Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Director of Community Development Wanush presented a recoDIDendation from the Planning and Zoning CoDIDission meeting of October 16, 1979, concerning a right-of-way vacation on West Quincy Place. Mr. Wanush stated the request was initiated by Mr. and Mrs. Hughes, property owners to the north. Mr. Hughes was of the opinion that the 60 foot right-of-way served no public purpose; and therefore, requested the vacation. Director Wanush stated the Planning and Zoning CoD1Dission reconmended that the right-of-way vacation along West Quincy Place be approved, re- taining a 16 foot right-of-way for vehicular and pedestrian access to Jason Park. Director Wanush added that the Engineering Services Department recoDIDended that providing access to the park would re- sult in vacating a 22' wide right-of-way strip adjacent to each of the properties. In addition the existing curb and gutter returns should be removed and curb, gutter and sidewalk extended to match the east side of South Lipan Street. The City of Englewood would pay only for the 16' length to provide the alley access, and the property owners would be responsible for the other curb, gutter and sidewalk costs. COUNCILMAN SMITH MOVED TO ACCEPT AND APPROVE THE RECOM-I MENDATION OF THE PLANNING AND ZONING COMMISSION AND TO INSTRUCT THE CITY ATTORNEY TO PREPARE AN ORDINANCE CONCERNING THE VACA- TION OF THE RIGHT-OF-WAY RETAINING 16 FOOT ACCESS FOR WEST QUINCY PLACE AS DESCRIBED UNDER AGENDA ITEM 6B. Councilman Williams seconded the motion. At the request of Council, Mrs. Hughes appeared before Council. November 5, 1979 Page 17 Mrs. Jerry Hughes, 4240 South Lipan, stated if a side- way is put across the right-of-way, the parking problem still existed and she would not have access to her driveway. Councilman Smith stated when sidewalk districts are requested, the property owner has the option to have a drive- way access. Mrs. Hughes stated the Parks and Recreation Department would like to have the right-of-way which adds to the parking problem. Upon a call of the roll, the vote on Councilman Smith's motion resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. '111e Mayor declared the motion carried. * * * * * * Director Wanush presented a recomnendation from the Plan- ning and Zoning Comnission meeting of October 16, 1979, concerning a vacation of excessive right-of-way on the west side of South Clarkson in the 3100 block. COUNCILMAN SMITH MOVED THAT AN ORDINANCE BE PREPARED VACATING A RIGHT-OF-WAY UNDER ITEM 6D OF THE AGENDA WHICH WAS CASE 25-79 BY THE PLANNING AND ZONING COMMISSION. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williama, Giaeburt, Smith, Clayton, Taylor. None. Council Member Mann. '111e Mayor declared the motion carried. * * * * * * Director Wanush presented a recomn ndation from the Plan- ning and Zoning Conmission meeting of October 16, 1979, concerning November 5, 1979 Page 18 a vacation of eight feet dedication in Timber Lea Planned Develop- ment. Mr. Wanush stated the recomnendation was a request from the Planning Comnission to correct an error placed on the Planned De- velopment. COUNCILMAN CLAYTON MOVED TO INSTRUCT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCES TO ACCOMPLISH THE REQUEST. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Giseburt, Smith, Clayton, Taylor. Nays: None. Absent: Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a Acting Director of Finance concerning the various liquor licenses for the following the City of Englewood: memorandwn from the annual renewal of businesses within Name of Business/Address Safeway Store, 125 E. Hampden Avenue 7-11 Store, 1277 E. Hampden Avenue Araps Old Gun Shop, 3866 S. Broadway Ken's Lounge, 2893 S. Broadway E Z Liquors 3353 S. Santa Fe Casual Lounge 65 W. Floyd Ave. Type of Liquor License 3.2 Beer Retail 3.2 Beer Retail Hotel & Restaurant Tavern Liquor Retail Liquor Store Tavern Liquor COUNCILMAN WILLIAMS MOVED TO APPROVE THE ANNUAL RE- NEWAL OF LIQUOR LICENSES FOR A 3.2 BEER RETAIL -SAFEWAY STORE, 125 E. HAMPDEN AVE.; A 3.2 BEER RETAIL -7-11 STORE, 1277 E. November 5, 1979 Page 19 HAMPDEN AVE.; A HOTEL & RESTAURANT -ARAPS OLD GUN SHOP, 3866 S. BROAl:AlAY; A TAVERN LIQUOR -KEN'S LOUNGE, 2893 S. BROADWAY; A RETAIL LIQUOR STORE -E Z LIQUORS, 3353 S. SANTA FE; A TAVERN LIQUOR -CASUAL LOUNGE, 65 W. FLOYD AVE. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE APPROVING AGREEMENT BETWEEN CITY OF LITTLETON AND CITY OF ENGLEWOOD RELATING TO THE BI-CITY PLANT. City Manager Mccown requested postponement of this bill. COUNCILMAN CLAYTON MOVED TO POSTPONE COUNCIL BILL NO. 42 UNTIL A LATER DATE. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 44 INTRODUCED BY COUNCILMAN CLAYTON November 5, 1979 Page 20 A BILL FOR AN ORDINANCE AMENDING SUBSECTION (a) (8) OF SECTION 9, CHAPTER 4, TITLE XV, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY INCREASING THE SCHEDULE OF RATES AND CHARGES FOR SEWERAGE SERVICE. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1979 ON FIRST READING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williama, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. 11te Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 45 INTRODUCED BY COUNCILMAN CLAYTON AN ORDINANCE REPEALING AND REENACTING WITH AMENDMENTS CHAPTER 11, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE PROVIDING GENER- ALLY FOR THE LICENSING AND CONTROL OF DOGS AND CATS AND OTHER DOMESTICATED OR FARM ANIMALS; GENERALLY PROVIDING FOR IMPOUND- MENT, LICENSING, HOBBY BREEDERS OPERATION, VACCINATION, RECORDS, CRUELTY TO ANIMALS: AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. COUNCILMAN CLAYTON MOVED TO PASS COUNCIL BILL NO. 45, SERIES OF 1979 ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. 11te Mayor declared the motion carried. Mayor Taylor thank- ed the Animal Control Co111nittee for their efforts on the ordinance. * * * * * * November 5, 1979 Page 21 ORDINANCE NO. SERIES OF 1979 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 49 INTRODUCED BY AN ORDINANCE AMENDING CHAPTER 9, ARTICLE XI, BY ADDING A NEW SECTION RELATING TO SHOPLIFTING AND RIGHT TO DETAIN AND QUESTION AND DECLAR- ING AN EMERGENCY. MAYOR TAYLOR MOVED TO POSTPONE COUNCIL BILL NO. 49, SERIES OF 1979 UNTIL COUNCIL CAN MEET WITH MUNICIPAL COURT JUDGE PARKINSON AND CITY ATTORNEY BERARDINI TO DISCUSS THE BILL. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Absent: Council Members Giseburt, Clayton, Taylor. Council Member Mann. The Mayor declared the motion carried. Council requested that Judge Parkinson be invited to the next study session to discuss the council bill. ORDINANCE NO. SERIES OF 1979 * * * * * * BY AUTHORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED BY COUNCILMAN SMITH AN OROtNANCY. AH~:NOfNG CtlAPT~R 2 TtTLF. XIV, OF '69 E.M.C. (MODI· .. ' lCA'l ' lON 'l 'O MOOl!!L 'l'KA .. 1 l1' lc KULl!!td 6Y A[)l)lNU A N~W til!:t.!'1' lON f1'1tl!:ttt!!'f'6 RELATING TO RESIDENTIAL ON-STREET PARKING PERMITS. COUNCILMAN SMITH MOVED TO PASS COUNCIL BILL NO. 50, SERIES OF 1979 ON FIRST READING WITH THE ADDITION UNDER ITEM (b) FEES IN CASE NUMBER 1 OF $5.00 IN FEES; IN CASE NUMBER 2 OF $7.50. Councilman Clayton seconded the motion. Councilman Giseburt spoke against the bill. Mr. Gise- burt stated residents should be able to park in front of their own property without being charged a fee to do so. November 5, 1979 Page 22 Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Smith, Clayton, Taylor. Council Members Williams, Giseburt. Council Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 44 SERIES OF 1979 * * * * * * A RESOLUTION ORDERING THE DISCHARGE PERMIT FOR THE OLD ENGLEWOOD SEWER TREATMENT PLANT TO BE REISSUED BY THE WATER QUALITY CONTROL DIVISION OF THE COLORADO DEPARTMENT OF HEALTH. COUNCILMAN CLAYTON MOVED TO PASS RESOLUTION NO. 44, SERIES OF 1979. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Giseburt, Smith, v.1.aycon, J.ay .1.or. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED THAT A COPY OF RESOLUTION NO. 44, SERIES OF 1979 BE SENT TO ALL THE COLORADO LEGISLATORS. Council- man Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Clayton, Taylor. Council Member Williams5 Council Member Mann. 'lbe Mayor declared the motion carried. * * * * * * November 5, 1979 Page 23 RESOLUTION NO. 45 SERIES OF 1979 A RESOLUTION URGING REGION 8 OFFICE OF THE ENVIRONMENTAL PRO- TECTION AGENCY TO MAKE AVAILABLE FEDERAL FUNDING FOR EXPANSION OF THE BI-CITY TREATMENT PLANT. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 45, SERIES OF 1979. Councilman Giseburt seconded the motion. Councilman Smith stated this item was being placed on the agenda for the upcoming NLC meeting. Upon a call of the roll, the vote on the motion re- sulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Counci.l Member Mann. The Mayor declared the motion carried. RESOLUTION NO. 46 SERIES OF 1979 * * * * * * A RESOLUTION REQUESTING THE WATER QUALITY CONTROL COMMISSION OF THE DEPARTMENT OF HEALTH TO FORTHWITH FINALIZE THE STREAM CLASSI- FICATION AND DISCHARGE REQUIREMENTS FOR THE DISCHARGE OF TREATED SEWAGE EFFLUENT. COUNCILMAN SMITH MOVED TO PASS RESOLUTION NO. 46, SERIES OF 1979 WITH THE ADDITION OF A SECTION 2 INDICATING THAT ALL THE DECISIONS MADE BY THE WATER QUALITY CONTROL COMMISSION BE COMPA- TIBLE WITH THE 208 STUDY AND THAT THE STREAM STANDARDS BE DEFINED IN THAT PARAGRAPH. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Clayton, Taylor. Council Member Williams. Council Member Mann. The Mayor declared the motion carried. November 5, 1979 Page 24 COUNCILMAN SMITH MOVED THAT A COPY OF RESOLUTION NO. 46, SERIES OF 1979 BE SENT TO ALL COLORADO LEGISLATORS. Councilman Giaeburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Giseburt, Smith, Clayton, Taylor. Council Member Williama. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON K>VED TO APPROVE A PROCLAMATION DE- CLARING THE SECOND WEEK OF NOVEMBER AS "YOUTH APPRECIATION WEEK". Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williama, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION DECLAR- ING THE WEEK OF NOVEMBER 18 -25, 1979, AS "BIBLE WEEK". Council- man Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion c~rried. * * * * * * COUNCILMAN CLAYTON MOVED TO PASS A PROCLAMATION DECLAR- ING NOVEMBER 14, 1979, AS "OPERATING ROOM NURSE DAY". Councilman November 5, 1979 Page 25 Smith seconded the motion. Upon a call of the roll, the vote re- sulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Attorney Berardini discussed the findings, conclu- sions, and judgement in the case of Littlehorn vs. the City of Englewood. Mr. Berardini stated the court has ordered that the case be remanded to the City Council for the purpose of conduct- ing a hearing on Mr. Littlehorn's application for rezoning and the Planning and Zoning Connission's reconnendations in connec- tion therewith for the purpose of allowing Mr. Littlehorn the opportunity to present evidence and arguments in support of his case. Mr. Berardini stated there were matters he would like to discuss on this case with Council prior to the hearing. COUNCILMAN WILLIAMS MOVED TO SET THE PUBLIC HEARING FOR JOHN LITI'LEHORN AND MARIE LITI'LEHORN ON JANUARY 28, 1980, AT 7:00 P.H. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. 42 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1980. November 5, 1979 Page 26 COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 48, SERIES OF 1979 ON FINAL READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. ORDINANCE NO. 43 SERIES OF 1979 * * * * * * BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCED BY COUNCILMAN WILLIAMS AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGIN- NING JANUARY 1, 1980 AND ENDING DECEMBER 31, 1980, CONSTITU- TING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1980. COUNCILMAN WILLIAMS MOVED TO PASS COUNCIL BILL NO. 47, SERIES OF 1979 ON FINAL READING. Councilman Giseburt seconded the motion. Upon a call of the roll, the vote resulted as fol- lows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor dectared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Director of Conmunity Development concerning authorizing admini- strative approval of encroachment requests that do not involve non-movable structures in the public right-of-way. · I November 5, 1979 Page 27 COUNCILMAN GISEBURT MOVED TO POSTPONE THE HATTER UN- TIL THE NEXT REGULAR COUNCIL MEETING AND THAT IT BE PLACED ON THE STUDY SESSION AGENDA PRIOR TO THE MEETING. Councilman Williama seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum from the Chief of Police concerning a resolution supporting the construction of a F~rearms Training Facility on the Spring Gulch Land. COUNCILMAN GISEBURT MOVED THAT THE HATTER BE TABLED INDEFINITELY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * City Manager Mccown presented a memorandum concerning the Building Code Review Connittee appointments. COUNCILMAN SMITH MOVED TO POSTPONE THE APPOINTMENTS UN- Tl L THE NEXT REGULAR COUNCIL MEETING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. November 5, 1979 Page 28 The Mayor declared the motion carried. * * * * * * COUNCILMAN SMITH MOVED TO CANCEL THE PUBLIC HEARING ON NOVEMBER 12, 1979, SCHEDULED FOR 6:45 P.M. AND THAT NEW COUNCIL MEMBERS-ELECT FOR THE RECALL POSITIONS BE SWORN IN ON NOVEMBER 19, 1979. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Giseburt, Smith, Clayton, Taylor. None. Council Member Mann. The Mayor declared the motion carried. * * * * * * Mayor Taylor offered coD1Dents on establishing a liquor license authority and asked Council to consider the concept seri- ously. * * * * * * There was no further business to be discussed at this time. * * * * * * Mayor Taylor adjourned the meeting without a vote at 12:15 a.m. r~w~ eputYffiy~ erk