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HomeMy WebLinkAbout1978-05-15 (Regular) Meeting MinutesREGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO May 15, 1978 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 15, 1978, at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Helen Walker, Esoteric Church, 130 E. Girard. The Pledge of Allegiance was led by Boy Scout Troop 192. Mayor Taylor asked for roll call. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown Assistant City Manager Curnes City Attorney Berardini Director of CoD11JUnity Development Wanush Fire Chief Beeson Director of Utilities Fonda Deputy City Clerk Johannisson Deputy City Clerk Watkins * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 1, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * May 15, 1978 Page 2 COUNCILMAN SMITH MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF MAY 2, 1978. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO APPROVE THE MINUTES OF SPECIAL MEETING OF HAY 8, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitors, Mr. Alan Rice, Chairman and Mr. Willis Burr, Post Buddy Poppy Chairman, V.F.W. Post #322 were not present. COUNCILMAN MANN !«>VED TO APPROVE THE PROCLAMATION TO V.F.W. CINDERELLA CITY POST, ENGLEWOOD, COLORADO, PROCLAIMING THE WEEK OF MAY 22, 1978, AS "VETERANS OF FOREIGN WARS BUDDY POPPY WEEK". Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * The Clerk read the proclamation af terwhich Mayor Taylor presented to Councilman Mann who accepted the pro- clamation on behalf of V.F.W. Post #322. * * * * * * May 15, 1978 Page 3 Pre-scheduled visitor, Dr. Dewayne Glenn, 5664 S. Jamaica Way, President, Englewood United Suburban Chamber of Comnerce, was present and discussed a request for financial aid from Council to help defray the costs of a full page advertisement the Chamber has placed in the U.S. Open program. COUNCILMAN SMITH MOVED TO ACCEPT THE RECOMMENDATION FROM DR. GLENN AND CONTRIBUTE TO THE AD FOR THE U.S. OPEN THE SUM OF $1,500. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Pre-scheduled visitor, Lowell Palmquist of Swedish Medical Center, was present and introduced Kurt Kaufman of the firm Dawson, Nagel, Sherman & Howard, the medical center's bond counsel in connection with a bond purchase agreement between the City and Swedish. Mr. Kaufman explained that the IRS has recently issued regulations affecting the way Swedish is going to do the refinancing. Mr. Kaufman stated in the analysis of the regulations they have concluded that the sale of the bonds can take place if the City and the hospital enter into a pur- chase contract evidencing the City's willingness to sell the bonds to the purchaser (Aetna Insurance Company) before mid- night Hay 15, 1978. Mr. Kaufman stated one exhibit of the bond purchase agreement will be delivered at a later time in the meeting and requested Council to delay action until that time. Mr. Kaufman stated there were two specific aspects of the agreement of which Council should be made aware: 1) a provision stating if for any reason the bonds are not actu- ally sold under the agreement, it is the hospital's responsi- bility to pay all expenses that have incurred up to that time including any expenses the City has incurred; and 2) a pro- vision stating that in no event in connection with the sale of this type of bond issue will the City ever be liable for repayment of the bonds. COUNCILMAN MANN MOVED TO TAKE ITEM 2C "A RESOLUTION APPROVING AUTHORIZATION OF THE BOND PURCHASE AGREEMENT" AND MOVE IT BACK TO ITEM 7F IN THE CITY ATTORNEY SECTION. Coun- cilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: May 15, 1978 Page 4 Ayes: Nays: The Mayor Council Harper, None. declared * * Members Williams, Weber, Smith, Clayton, Mann, Taylor. the motion carried. * * * * Pre-scheduled visitor Mr. Nathan Reel, A & H Roofing and Fencing, 3029 South Sherman Street was not present. * * * * * * Mayor Taylor asked if there were any other visitors who were not on the agenda but would like to be heard at this time. No one responded. * * * * * * COUNCILMAN WILLIAMS MOVED TO OPEN THE PUBLIC HEARING CONCERNING THE ANNEXATION OF PROPERTY LOCATED IN THE SANTA FE DRIVE/UNION AVENUE AREA OF ARAPAHOE COUNTY AS IT PERTAINS TO PARCELS 1, 2 AND 3. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Councilman Smith stated since the attorney represent- ing the group of citizens petitioning for annexation to the City is also his personal attorney, he nuat excuse himself from the public hearing in order to avoid any possible con- s trued conflict of interests. Councilman Smith left the public hearing at 8:00 p.m. * * * * * * Director of CoDlllUnity Development Wanush appeared before Council and made the presentation concerning the pro- posed annexation area. Director Wanush stated the total land area is three separately owned parcels covering approximately 3.8 acres and all three property owners have signed the peti- tion to annex. Director Wanuah stated the estimated revenue is $27,261 annually. I May 15, 1978 Page 5 Director Wanush stated various departments that provide nunicipal services were contacted and it was deter- mined that adequate fire, police, streets, utilities, etc. could be provided in the area. Director Wanush entered into the record a memo from himself to the City Manager, dated December 27, 1977, outlining these items in more detail. Director Wanuah stated the major concern of the property owners is the City's ability to provide fire pro- tection. Director Wanuah explained the City presently can provide this protection but it would deplete the rest of the City from fire protection. Therefore, the Fire Chief, Director Wanuah stated, recomnends the installation of a 12" line along South Santa Fe to provide the necessary water flow. Director Wanuah further stated the Director of Utilities recomnends a 16" line instead because the long range plan for water service within the City calla for a 16" line to extend along South Santa Fe eventually connecting with the Bear Creek Plant and with Scenic View. Director Wanush stated the Director of Utilities further recomnends that the property owners be assessed for the 12 inches and the Department of Utilities pay for the remaining 4 inches. Director Wanuah stated he concurs with these recoDIDenda- tiona. Director Wanu•h entered into the record a memo from himself to the City Manager, dated February 22, 1978 con- cerning these conditions. Upon a request from the City Attorney, Director Wanush pointed out on the map the properties involved and their respective assessments. Also at the request of the City Attorney, Director Wanush stated the City Engineer's certification is found on the annexation map attached to the petition. * * * * * * Hark Hannen, attorney representing the property owners requesting annexation to the City, appeared before Council. Mr. Hannen stated the conditions under which the owners are willing to annex are 1) the owners are willing to pay one half of the coat of a 12" line; and 2) they request the existing zoning remain the same. Mr. Hannen explained the property owned by Mrs. Royce is a special mat- ter in which ahe leases the property to her son-in-law who manufactures fiber glass products. Mr. Hannen pointed out the City ataff 's recomnendation for this area is I-1 which excludes glass manufacturing and if it is determined that fiber glass manufacturing falls under glass manufacturing Mrs. Royce will have a non-conforming use in an I-1 zoning. Consequently, Mr. Hannen stated Mrs. Royce's decision to annex is contingent upon the zoning remaining under the pre- sent 1-2. May 15, 1978 Page 6 Mr. Hannen suggested to the Council two courses of action: l) instruct the staff under which the City is will- ing to annex the properties and have them embodied in an agreement between the owners and the City; or 2) submit a list of what Council has determined to be appropriate re- quirements to the owners for annexation and hold an election. In response to Councilman Mann's question, Director Wanush stated to change the zoning to I-2 in that area would be inconsistent with the City's position as it relates to the shredder and the development of the South Platte. Director Wanush added it was the Conmunity Development Department's interpretation that fiber glass manufacturing is a permis- sible use under 1-1. City Attorney Berardini stated Mr. Hannen is con- cerned in that he does not want to risk the current ruling from the Conmunity Development Department changing at a later date and having his client suffer the conaequences. * * * * * * Upon the request of Councilman Clayton, Fire Chief Beeson, appeared before Council and affirmed his recomnendation that a miniDUm 12" line along South Santa Fe and a 8" additional line along Stanford would be required for adequate fire protection. * * * * * * Mayor Taylor asked if there was any one else wishing to speak in favor of the annexation. No one re- sponded. * * * * * * Mayor Taylor asked if there was any one wishing to speak against the annexation. Gerald Ray, 4505 South Lipan Court, appeared before Council in opposition. Mr. Ray stated a decision to change the zoning to I-2 would be inconsistent with the strategy under the Comprehensive Zoning Plan. * * * * * * COUNCILMAN CLAYTON ~VED TO CLOSE THE PUBLIC HEARING ON THE SANTA FE ANNEXATION MATTER AS IT RELATES TO PARCELS 1, 2 AND 3 THE PROPERTY OWNERS BEING ROYCE, KITTLE AND VERDOS. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: May 15, 1978 Page 7 Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * COUNCILMAN CLAYTON MOVED TO OPEN THE PUBLIC HEAR- ING ON THE SANTA FE ANNEXATION FOR PROPERTY PARCELS 4, 5, 6, 7, 8, 9, 10, 11, AND 12 THE OWNERS BEING KNOEDLER, HUNT, SANTA FE FLORISTS, TAGUE, YANISH, RAGSDALE, COCKERHAM, FORBES, AND COFFELT. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Director of CoD1DUnity Development Wanush appeared before Council to make the presentation. In response to Councilman Mann's question, Director Wanush stated the property in between the proposed annexation area belongs to the City of Sheridan. Director Wanush presented the proposed area for annexation which covers nine properties. Director Wanush stated there are eight signatures on the petition constitut- ing a valid petition; however, on May 8, 1978, the City Clerk's office received a letter from the Clerk of the City of Sheridan stating that she was in receipt of a petition to annex to Sheridan from Mr. Knoedler who had previously signed an annexation petition to Englewood. Director Wanush stated there are two options relating to the above. The City Council can proceed with the annexation resulting in the disputed area (Mr. Knoedler'& property) going into an election or delete Mr. Knoedler'& area from the ordinance before it is passed on final reading. May 15, 1978 Page 8 Director Wanuah stated the nine properties make up approximately 24.2 acres; moat of the property is used for warehouses, offices, light industrial; and the estimated annual revenue is $11,000 • Director Wanuah stated 1111nici- pal services can be extended to this area but the same afore- mentioned problems concerning the nothern area exist for this southern area. Director Wanush stated the staff offers the same recomnendation as it did for the northern area. * * * * * * Mark Hannen, attorney for the group petitioning for annexation, appeared before Council again. Mr. Hannen entered into the record a land use inventory list for the area. Mr. Hannen stated the position of the petitioners is to pay for one half of the coat to install a water main. Mr. Hannen stated the owners still want the existing zoning to remain the same. Mr. Hannen stated there may a problem concerning Mr. Taguea because he keeps two horses on his property. Mr. Pittman of the City'• Building Department has indicated it would be unlawful to keep these animals if this area goes into the City. A• a reault, Mr. Tagues has stated his annexation to Englewood ie conditional upon the City's permission to continue keeping the horses on his property. Mr. Hannen stated another matter concerns the property owners, Mr. Cockerham and Mr. Fot·bes, who feel there would be adequate fire protection from the existing water main along Union for the southern end of their pro- pert iea and they object to being assessed the full prorata share for their entire property. Mr. Hannen stated again the possible courses of action would be: 1) an agreement between the City of Englewood and the property owners or 2) submit the decision to an elec- tion after the property owners have seen the terms under which the City would annex them. * * * * * * Mayor Taylor asked if there was anyone wishing to speak in favor of the annexation. No one responded. * * * * * * Mayor Taylor asked if there was anyone wishing to speak against the annexation. Gerald Ray, 4505 South Lipan Court, appeared before Council in opposition. Mr. Ray stated his objection was the May 15, 1978 Page 9 cost to lay a pipe line compared to the low estimated revenue expected from this area in return. * * * * * * Charles Cockerham, one of the petitioning property owners, appeared before Council and stated his property has the potential of paying $16,000 in property taxes to Arapahoe County and the City of Englewood. Mr. Cockerham also stated there will be some retail selling taking place on his property offering even more revenue to the City. In response to Councilman Clayton's question, Director Wanush stated the estimated dollar revenue for this area was City taxes only and did not include any county taxes or school taxes. * * * * * * Mayor Taylor asked if there was any one else in the audience wishing to speak either in favor or against the annexa- tion. No one responded. Utilities mendation the event * * * * * At the request of Councilman Clayton, Director of Fonda appeared before Council and affirmed his recom- to install a 16'' water main along South Santa Fe in of the annexation. * * * * * * COUNCILMAN HANN 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 Williams, Weber, Harper, Clayton, Mann, Taylor. None. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor stated a decision would be made on the proposed annexation after the Council has had an oppor- tunity to review the Planning and Zoning Comnission's recom- mendation and has had time to consider the points brought out at this public hearing. * * * * * * May 15, 1978 Page 10 Councilman Smith re-entered the meeting at 9:05 p.m. * * * * * * COUNCILMAN MANN K>VED TO OPEN THE PUBLIC HEARING TO CONSIDER A REQUEST FROM THE COMMUNITY ARTS SYMPHONY FOR A SPECIAL EVENTS PERMIT TO SELL BEER, WINE, AND LIQUOR ON JUNE 17, 1978. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Eric Johannisson, Deputy City Clerk, appeared before Council and presented the request from the South Suburban Com- munity Arts Symphony. Deputy City Clerk Johannisson stated the Clerk's office is in receipt of the application, the notice of a public hearing published in the Enflewood Herald Sentinel, a letter from the IRS stating the organ zation is tax exempt, a letter from New Englewood Ltd authorizing them to use the Blue Mall at Cinderella City, and a let~er from Co11111Unity Arts Sym- phony stating the Blue Mall is the ionly location where they affectively hold the event. * * * * * * Mayor Taylor asked if there was any one in the audi- ence wishing to speak in favor of issuing the permit. Mrs. Diane Swaim, 1695 W. Stearne Parkway, Littleton, Business Manager, Co11111Unity Arts Symphony, appeared before Council and discussed her request for the issuance of a spe- cial events permit. * * * * * * There being no one else wishing to speak in favor of issuing the permit, Mayor Taylor asked if there was any one wishing to speak against the issuance. No one responded. * * * * * * May 15, 1978 Page 11 COUNCILMAN WEBER MOVED TO CLOSE THE PUBLIC HEARING. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO GRANT THE ISSUANCE OF A SPECIAL EVENTS PERMIT FOR THE CO!olruNITY ARTS SYMPHONY TO USE ON JUNE 17, 1978 IN THE BLUE MALL OF CINDERELLA CITY. Council- man Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WEBER MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL EVENTS PERMIT FROM THE ALL SOULS CATHOLIC CHURCH, 4950 SOUTH LOGAN STREET, TO SELL 3.2 BEER ON JUNE 3 AND 4, 1978. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Eric Johanniaaon, Deputy City Clerk, appeared before Council and presented the request from the All Souls Catholic Church. Deputy City Clerk Johannisaon stated the Clerk's office is in receipt of the application, the notice of public hearing that was published in the Englewood Herald Sentinel, and a letter from the State of Colorado stating the church is a tax exempt May 15, 1978 Page 12 organization, a letter from the church authorizing the parish to hold a festival on the church grounds, and a letter from the church stating that other facilities would be inappropriate to hold the festival. * * * * * * Mayor Taylor asked if there was anyone in the audi- ence wishing to speak in fa~or of issuing the permit. Daniel Lynch, Business Manager, All Souls Catholic Church, appeared before Council and discussed his request for the issuance of a special events permit. A discussion ensued with Councilman Smith disapprov- ing of the application because of the discrepency between the location of the sale of beer as stated on the application and the location that was stated by Mr. Lynch. City Attorney Berardini advised that the application be amended to reflect the actual site upon which the beer is going to be sold. COUNCILMAN WILLIAMS MOVED TO CLOSE THE PUBLIC HEAR- ING. Councilman Weber seconded the motion. Councilman Clayton asked for a ruling from the chair on Councilman Williams's motion. Mayor Taylor ruled the motion out of order on the basis that opponents as well as proponents must be heard at a public hearing and that requirement has not been fulfilled. Mayor Taylor asked the City Attorney to clarify the legality of the application. City Attorney Berardini stated the location as indi- cated on the application is as close as the applicant can describe and stated the application is in order. Councilman Clayton requested that future applica- tions from the church for special events permit be submitted early to allow Council ample time to review the application and allow any questions or misinformation to be answered and corrected before the scheduled event. * * * * * * There being no one else wishing to speak in favor of iaauing the permit, Mayor Taylor asked if there was any one wishing to speak against the permit. No one responded. * * * * * * May 15, 1978 Page 13 COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEAR- ING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * COUNCILMAN WILLIAMS MOVED TO GRANT THE ISSUANCE OF A SPECIAL EVENTS PERMIT TO THE ALL SOULS CATHOLIC CHURCH TO USE ON JUNE 3 AND JUNE 4, 1978. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Harper, Clayton, Mann, Taylor. Council Member Smith. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 9:25 p.m. The Council reconvened at 9:40 p.m. Upon a call of the roll, the following were present: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN MANN MOVED TO MOVE FORWARD FOR COUNCIL ACTION AGENDA ITEM 7F WHICH IS THE RESOLUTION APPROVING AUTHORIZATION OF THE BOND PURCHASE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SWEDISH MEDICAL CENTER AND AETNA CASUALTY AND SURETY COMPANY. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. May 15, 1978 Page 14 Nays: None. The Mayor declared the motion carried. * * * * * * Lowell Palmquist and Kurt Kaufmann re·-appeared before Council and discussed the resolution and bond purchase agree- ment. In response to Councilman Clayton's question, Mr. Kaufman stated the amount of the bond issue has been reduced from $10 million $7.6 million and that amount ($7.6 million) will not change. * * * * * * RESOLUTION NO. 41, SERIES OF 1978 A RESOLUTION RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AU- THORIZING THE EXECUTION AND DELIVERY BY THE CITY OF A BOND PURCHASE AGREEMENT; AND REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH. COUNCILMAN HANN MOVED TO PASS RESOLUTION NO. 41, SERIES OF 1978. Councilman Williams seconded the motion. Councilman Clayton stated even though his wife is an employee of Swedish Medical Center, the City Attorney has ruled there would be no reason for conflict of interest if he voted on this motion. follows: Upon a call of the roll, the vote resulted as Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * Mayor Taylor turned the meeting over to Mayor Pro Tem Mann at 10:00 p.m. as he excused himself temporarily from the meeting to expedite the signing of the bond purchase agreement. * * * * * * I May 15, 1978 Page 15 "Co111m1nications No Action Recomnended" on the agenda were received: (a) (b) (c) (d) (e) Minutes of the Housing Authority meet- ing of March 28, 1978. Minutes of the Water and Sewer Board meeting of April 18, 1978. Minutes of the Board of Adjustment and Appeals meeting of April 12, 1978. Minutes of the Board of Career Service Comniaaionera meeting of April 20, 1978. Financial Report for the month of April, 1978. City Manager Mccown answered questions from Council- man Cla{ton regarding the Financial Report for the month of April, 978. * * * * * * City Manager Mccown presented a memorandwn from the Director of Finance concerning a recomnendation for a bid award for Paving District No. 25. City Manager Mccown stated this memorandwn reflects the results of the re-bid taken on May 8, 1978. City Manager Mccown stated the lowest bid was received from Western Paving Company and the staff recomnends that Council accept this bid. COUNCILMAN CLAYTON MOVED TO ACCEPT THE WESTERN PAVING CONSTRUCTION COMPANY BID IN THE AMOUNT OF $609,466.71. Councilman Harper seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini explained the next item agenda which was the re-introduction of a bill authorizing May 15, 1978 Page 16 the issuance of special assessment bonds of Paving District No. 25. City Attorney Berardini stated the reason behind the re-introduction is that the Charter provides for all ordinances to be introduced at regular Council meetings. City Attorney Berardini stated this bill for an ordinance was introduced at the special meeting of May 2, because of the postponement of the regular meeting of May 1. In con- versations with Bill LaDlll, City Attorney Berardini reported Mr. LaDID advised him to re-introduce the bill in order to stay within the provisions of the City Charter. INTRODUCED AS A BILL BY COUNCIL MEMBER WEBER A BILL FOR AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL ASSESSMENT BONDS OF THE CITY OF ENGLEWOOD, COLORADO, FOR PAVING DISTRICT NO. 25, FOR THE CONSTRUCTION AND INSTALLATION OF STREET AND ALLEY PAVING, CURB AND GUTl'ER AND SIDEWALK IMPROVEMENTS, IN SAID DISTRICT; PRESCRIBING THE FORM OF THE BONDS; AND PRO- VIDING FOR THE PAYMENT OF SAID BONDS AND THE INTEREST THEREON. COUNCILMAN WEBER MOVED TO PASS THE BILL FOR AN OR- DINANCE ON FIRST READING. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETWEEN THE CITY OF ENGLE- WOOD AND THE STATE OF COLORADO, DEPARTMENT OF HIGHWAYS, CON- CERNING MAINTENANCE OF TRAFFIC CONTROL DEVICES ON STATE HIGH- WAYS WITHIN THE CITY OF ENGLEWOOD. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. May 15, 1978 Page 17 Nays: None. The Mayor declared the motion carried. * * * * * * City Attorney Berardini explained the next item on the agenda was the bill for an ordinance rezoning the property owned by Mr. Rex Garrett from R-1-C to 1-1 providing for a waiver and impoaing conditions on the property. City Attorney Berardini stated the two significant features of the bill are 1) the waiver of uae and 2) the conditions imposed on the property. City Attorney Berardini stated Mr. Garrett had approached him concern- ing the condition described in Section 3C and the possibility of reducing the minimum set back length from 40 feet to 25 feet because of the uncertainity of the location of the centerline and the possibility of adding the words following "Ditch, 'and 25 feet from' the west property ••• whichever is furtherest west, 'or such further distances which may be determined by the City Engineer and Fire Department but in no event less that the said 25 feet' ••• subject property". City Attorney Berardini stated Director Wanush was in agreement with this recoDlllenda- tion. City Attorney Berardini stated an additional significant feature is the waiver and condition binding on the heirs or executors and successors. City ~ttorney Berardini stated this ordinance will be recorded and made part of the land record so that the conditions and waivers will have to be upheld by his heirs or purchasers of the property. In answer to Councilman Mann's question, City Attorney Berardini stated no other conditions have ever been imposed on any zoning within the City of Englewood. City Attorney Berardini added the use of placing conditions and waivers on the zoning of property is a relatively new tool that is being used by other co1111JUnities. INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS A BILL FOR AN ORDINANCE REZONING CERTAIN REAL PROPERTY WITHIN THE CITY OF ENGLEWOOD, FROM R-1-C, RESIDENTIAL DISTRICT, TO I-1, LIGHT INDUSTRIAL DISTRICT, RECITING A WAIVER AND IMPOSING CONDITIONS THEREON; AMENDING THE ZONING MAP IN ACCORDANCE THEREWITH; AND PROVIDING FOR THE RECORDING OF THIS ORDINANCE. COUNCILMAN WILLIAMS MOVED TO PASS THE BILL FOR AN ORDINANCE ON FIRST READING. Councilman Harper seconded the motion. May 15, 1978 Page 18 COUNCILMAN WILLIAMS MOVED TO DELETE SECTION 3 "CON- DITIONS" FROM THE BILL. Councilman Mann seconded the motion. Councilman Williama stated the restriction under Section 3 do not meet the criteria for granting or denying a rezoning. A lengthly discussion ensued regarding the imposed conditions set forth in the bill. Councilman Smith stated the conditions were placed in the bill as a result of the public hearing and to remove the conditions would be detrimental to the past proceedings concerning the rezoning matter. Councilman Weber stated he understood that the problems unique to Mr. Garrett's property had been discussed between the property owners and Mr. Garrett and the condi- tions appearing in the bill are the resolutions to the pro- blems supposedly agreed upon by both aides. Therefore, it would be unfair to remove the conditions. Councilman Weber also stated that to approve any changes in the bill, e.g. under Section 3C reducing the 40 feet, etc. is one-aided information only which Mr. Garrett has had the privilege to make known to the City Attorney and information of which the property owners had no knowledge. City Attorney Berardini pointed out that he had no way of reaching the proferty owners to find out how they would react to Mr. Garrett a recomnendation. City Attorney Berardini advised Council to hear from any other parties on this matter. City Manager Mccown encouraged Council to hear from the property owners if any changes are going to be made at the recomnendation of Mr. Garrett. Councilman Smith stated he recalled that Mr. Garrett submitted a signed document to the property owners agreeing to the conditions that appear in the bill and stated he was against the motion to remove those conditions. Councilman Harper stated he thought it was time there becomes a way to make buffers between zones and to remove the conditions and waivers in the bill would unsatisfactory. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williama, Mann. May 15, 1978 Page 19 Nays: Council Members Weber, Smith, Harper, Clayton, Taylor. The Mayor declared the motion failed. * * * * * * Mayor Taylor comnented that the City of Englewood has come to a point and time where the zoning regulations are going to have be changed. Upon a call of the roll, the vote on the original motion resulted as follows: Ayes: Nays: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 42, SERIES OF 1978 A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLE INTEREST IN CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD, COLORADO, TO PROVIDE SUFFICIENT PUBLICLY OWNED RIGHT OF WAY FOR STREET IMPROVEMENTS. City Attorney Berardini 1tated one additional parcel should appear in the resolution following Parcel 08006: "Parcel 11-003 w. 5 ft. of s. 49.16 ft. of Lot 3, Blk 10, Vista Hts. 2nd Flg. Arapahoe County, State of Colorado." COUNCILMAN MANN MOVED TO PASS RESOLUTION NO. 42, SERIES OF 1978. Councilman Weber seconded the motion. At the request of Councilman Smith, City Attorney Berardini pointed out the street addresses for the properties described in the resolution. follows: Upon a call of the roll, the vote resulted as Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. May 15, 1978 Page 20 Nays: None. The Mayor declared the motion carried. * * * * * * At the request of City Manager Mccown, Assistant City Manager Curnes presented a memorandum from the Director of Parks and Recreation to the City Manager concerning the Lions Club Train Track repairs at Belleview Park. COUNCILMAN SMITH MOVED THAT BASED ON THE RECOM- MENDATION FROM THE LIONS CLUB AND THE STAFF THAT THE COUNCIL APPROVE $3,500 FROM THE AID TO OTHER AGENCIES FUND TO GIVE TO THE LIONS CWB TO DO WHAT IS NECESSARY TO THE MAKE THE TRAIN IN THE PARK SAFE AND TO DO THE IMPROVEMENTS THAT ARE LISTED IN THE COUNCIL'S PACKET. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williama, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried. * * * * * * At the request of the City Manger, Assistant City Manager Curnes presented a memorandum from the Director of Finance to the City Manager concerning the Sinclair Junior High School Bathhouse facility bid. Assistant City Manager Curnes stated bids were opened on May 9 for the project and the low bid received for construction was $126,000 which is ~26,000 over the budget amount. Assistant City Manager Curnea stated the staff offers two recomnendations regarding this project and the bids received: 1) find an additional $26,310 to award the contract as bidded; or 2) re-bid the project and delete the pavement in the parking area and the sprinkler system. Assistant City Manager Curnes stated the City crews would then do the parking lot paving and the in- stallation of the sprinkler system. Assistant City Manager Curnes stated the Department of Public Works and Department of Parka and Recreation would incur the expenses for labor. Assistant City Manager Curnes stated the staff recoDlllends that the project be re-bid. COUNCILMAN MAHN MOVED TO ACCEPT THE RECOMMENDATION FROM THE STAFF AND RE-OPEN FOR RE-BIDDING AND DELETE THE May 15, 1978 Page 21 PARKING LOT AND THE SPRINKLER SYSTEMS FROM THE BIDDING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. Nays: None. The Mayor declared the motion carried. * * * * * * Mayor Taylor gave a brief report on the Diamond Jubilee celebration. Mayor Taylor reported the Comnittee felt the celebration was successful and the organization will probably break even on the financing. * * * * * * COUNCILMAN WILLIAMS MOVED TO ADJOURN THE REGULAR COUNCIL MEETING. Councilman Weber seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Williams, Weber, Smith, Harper, Clayton, Mann, Taylor. None. The Mayor declared the motion carried and adjourned the meeting at 11:00 p.m.