Loading...
HomeMy WebLinkAbout1977-09-19 (Regular) Meeting MinutesREG ULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO Sept ember 19, 1977 The City Council of the City ot Englewood, Arapahoe County, Colorado, met in regular session on September 19 1 1977 at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Minister Joe Booth, Church o:f' Christ, 4690 s. Logan. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon the call of the roll, the fo l lowing were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Tfl1'lor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager McCown Assistant City Manager Curnea Assistant City Attorney De Witt Director o:f' Community Development Wanusb Deputy City Clerk Watkins • • • • •• COUNCI I.MAN SOVERN MOVED TO ACCEPr THE MINUTE OP THE REGULAR CITY COUNC I L MEETING OF SEPl'EMBER 6, 1977. Councilman Brown seconded the motion. Councilman Sovern requested that last sentence on page 13, paragrap~ 4, line 2, be changed to r e ad "Co unci l man Sovern requested that a date tor sometime in October be set after the budget retreat." Upon a call ot the roll, the vote resulted as :f'ollovs: Ayes: Council Me mbers Brown, Clayton, Willi8lll8 1 Sovern, Smith, Mann, Taylor ,!one . mhe !·~ yor de cla re d ~e moti on c arr i ed. * • * • * * cou::c-UJ.h.H s:.n Tn :.: \SD ':'E AT HE PROC UL·:A TIOil DECLARING SEPTE MBER 24. ~ 77 AS H .;~::.G J.Jm FI ·H r :G DAY B-AP?ROVE D. Cou ncilman Sovern seconded the r 0 :o:i . Upon a eel:. of "t·1e roll , t he v t e re s ulted as follows: : _,t. -.:rr,l;e r 1 9 • 1 Tl Page 2 Ayesr Council Memb rs Brown, Clayton, Wil liarn s, Sovern, Smith, Mann, Taylor Ifays: None. The Mayor declared the motion carried. Mayor Taylor presented Mr. Walter Samuelson, 3855 South Lincoln St. vi.th the Proclamation and complimented Mr. Samuelson and the group he represents for the efforts they have made. Mr. Samuelson ~hanked the Council the presentation and the privilege which honors the conservationist groups of hunters and fisherAen. • • • • • • Pre-scheduled visitor, Ed Grabill, attorney for Ward Foods, appeared before the Council on behalf of Freddie Fudd's Food and Fritter Factory request- ing renewal ot a hotel and restaurant license retroactive to January 1, 1977, tor Shetland Hilla, Inc. d/b/a Freddie Fudd 1 s Food and Fritter Factory, 1001 West Hampden Aveneue. Mr. Grabill answered the Council's questions at length. Councilman Smith expressed concern over the renewal because the responsibility of application for renewal rested with Ward Foods even though the nev owner defaulted. Councilman Sovern asked the Assistant City Attorney De Witt if Shetland Hilla• Inc. wa• the ovner or record and was actually obliged to file for a renewal at that time. Assistant City Attorney De Witt replied that Shetland Hills, Inc. had an equitable intereat in the business. The new owner defaulted in late December 1976 and Shetland Hills, Inc. could not have filed for renewal until after that time. Assistant City Attorney informed the Council that there were alternatives to handling this request. Assistant City Attorney De Witt stated that the Council could 1) reject the application and allow Shetland Hills, Inc. make nev application; 2) allow the new buyer to make application; or 3) waive the length of time and the public hearing required and allow the renewal for application. COUI CIL~iAH SMITH !Ii V~ D/B/A F RE DIE FUDD'S FOOD J:.!~D ? ..... E.7 . 0J.. ..,I VE TO JA~:-'TAR Y ~ : '1 • L I CEN SE T O SH"''TLAN D HILLS, IN C. A 'I' Y, 1 0 01 i _.::i T EA»:PDE N AVEN UE, ::.:::.. C a:~ t o n s ec or.0.ed the moti on. Councilman :i ··e rr: ~ :.ed t <nee Sh et lc.nd Hi l ls, Inc. was not the ·.ner o f record and c oul d rot ri e.ve pplied ~u r t h e li cen s e at t he time anyway Cc.pt ;nb e r 19; :J (( Pag e 3 coup led vith the f a ct that holding a public hearing would be time consuming especial ly vhen the location had previously b een granted, he was ot the opi nion a license should be approved. · Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Smith Nays: Council Members Brown, Clayton, Williams, Sovern, Mann, Taylor The Mayor declared the motion failed. • • • • • • COUNCILMAN WILLIAMS MOVED TO APPROVE THE APPLICATION FOR A HOTEL AND RESTAURANT LICENSE TO SHETLAND HILIS, INC. D/B/A FREDDIE FUDD'S FOOD AND FRITTER FACTORY, 1001 WEST HAMPDEN AVENUE RETROACTIVE TO JANUARY 1, i977. Councilman Sovern seconded the motion. Upon a call of the roll. the vote resulted aa follows: Ayes: Nays: Council Members Brown, Clayton, Williams, Sovern, Mann, Taylor Council Member Smith The Mayor declared the motion carried. • • • • • • Councilman Clayton expressed dissatisfaction to the manner in which the motion was passed and stated that even though like approvals have been practiced in the past, the process weakens Council's control. • • •••• COUNCII.HAN BROWN MOVED TO CHANGE THE ORDER OF THE AGlliDA AND BR IN G FORTH IT»I 4(b) WHICH IS RECOMMENDATION FROM THE PLANNING AND ZO NI NG COMMISSIOI MEETING OF SEPTEMBER 7, 1977 CONCERNING THE CHEROKEE KIVAS PLANNED DEVELOPMENT TO BE CONSIDERED BY THE COUNCIL. Co uncilman Cl~ton seconded the motion. Upon a call of the roll, the vote r e sulte d as fo llows: Ay es : Co~n cil Mem b ers Br own, Clayton, Williams, Sovern, Smith f 'iu:n , Taylor ::ays : .::n e ':'h e r .~ ··or -:ec, &red tr.e mot i o n c e.rr ied. * * * • • • Sept embe r 19, 1977 Page 4 Dir ec tor of Co w.111u nlty Development Wanush 3ppcared before ~he Council and reviewed the plans, staff analysis and the reconunendation from the Plarming and Zoning Commission. Director Wanush stated the planned development consisted or 40 condominium units to be const1·ucted at 3675 s. Cherokee. The Planning and Zoning Conunission held a public hearing on September 7, 1977 and approved the planned development. COUNCILMAN SMITH MOVED THAT THE RECO?+mffDATION FROM THE PLANNING AND ZONING COMMISSION OH THE CHEROKEE KIVAS PLANNED DEVELOPMENT BE ACCEPTED. Councilman Brown seconded the motion. Upon a call of the roll, the vote r~sulted aa follow•: Ayes: Nays: Council Members Brown, Cl~ton, Williams, Sovern, Smith, Mann, T~lor None The Mayor declared the motion carried. • • • • • • "C ommunic ations-No Action Recommended" on the agenda were received: (a) Minutes of the Library Board meeting of August 9, 1977. (b) Minutes of the Board of Career Service Commissioners meeting of August 25, 1977. (c) Financial ~eport for the month of August, 1977. • • • • • • City Manager Mccown presented a recommendation from the Library Board rec ommending that the Englewood Library retain its membership in the Central Colorado Librar,y System with the new contract being from October 1, 1977 through September 30, 1978. COUNCILMAN CLAYTON MOVED THAT THE CITY COUNCIL APPROVE THE EXTENSION OF THIS AGREEMENT FOR THE YEAR OF OCTOBER 1, 1977 THROUGH SEPI'EMBER 30 9 1978 AND THAT THE fl!AYOR BE AUTHORIZED TO SIGN THE AGREEMENT. Councilman Sovern seconded the motion. Up on a call of the roll, the vote resu1ted as follows: .f.i,;,•es : Counci 1 :.~ .. ers · r c ..'n , Clayton , Will · ar.i s, Sovern, Smith, : ~c. Tl , 'T y o:r ~ Q \. . -J:;ot ion c~rri ed. * * * * ~ * Septeir.ber 19 1 llJ'("{ Page 5 City Man ager McCown presented a recommendation from the Planning and Zoning Cormnission concerning the classification of South Santa Fe Drive. City Manager Mccown stated that the recommendation from the Planning and Zoning Commission ia that the City Council approve a Plan Amendment to the Regional Highway Plan that would downgrade the Santa Fe Drive Corridor from a Limited Access Facility to a Principal Arterial between I-25 and Count7 Line Road, a distance ot approximately ten miles. COUlfCII&N SOVERN MOVED THAT THI CITY COUNCIL RECOMMEXD TO • . 'nlE D!llVER RIDIONAL COUNCIL OF GOV:ffiNMm'l'S THAT THE CHANGE IN THE CLASSIFI- CATIOI 10R SANTA FE DRIVE BE REVISED FROM A LIMITED ACCESS FACILITY TO A PRINCIPAL ARTERIAL. Councilman Mann seconded the motion. COUNCILMAN SMITH REQUESTED TO AMENDMEm' THE M<Yl'IOB TO INCLUDED THE R:ECDIMENDATION AS SUBMITTED BY THE PLANNING AND ZONING COMMISSIOR BASED 01 THI PACT THAT THE RECOMMENDATION DOES IRCLUDE SOME FRONTAGE ROAD SHOULD IT BB D!SDID TO ENCROACH SOME PORTIONS OF THE ENGLEWOOD AREA. Councilman Sovern and Councilman Mann approved the addition. Upon a call ot the roll 1 the vote resulted as follows: Ayes: Nays: Council Members Brovn1 Clayton, Williams, Sovern, Smith, Mann, Taylor None The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN K>VED TO APPROVE THE RENEWAL FOR A HOTEL AND Rg;TAURm' LICFlfSE FOR FIFTEENTH STREF.:l' INC. D/B/A THE WALDORF. 4595 SOtml SANTA Fl DRIVE. Councilman Williams seconded the motion. Upon a call of the roll. the vote resulted as follows: Ayea: Council Members Brovn, Clayton, Williams, Sovern, Smith, Mann, Taylor Nays: None The Mayor cec a red the mo tion carried. ,. * * * * * _ ·ty '-~~n 5er ;.~cCov n p :?:esented a ree mor a ndum f r o m th e Director of ?ub ic i:~rks a n d he DL·ector of Finance concern i ng the 1977 Cross p an Replace- ri:e. t ~am j ·s . c::. ty l ·7a n:..~er Mc Cm:n state d that the City h ad budgeted S eptember 19, 1977 Pc..g e 6 funds to correct certain er ssings in the City. Bids were taken in August, but the bids vere considerably higher than what the City had budgeted. Re-bids were taken in September with the low bid by Eby Contractor. City Manager Mccown I explained that Eby Contractor bid $14,895 which was still higher than the amounted budgeted ($13,625). City Me.nager McCown stated that the recommendation from the Director of Finance and the Director of Public Works is to eliminate the Bannock and QuinCT Crosspan; thereby, reducing the low bid to $13,448.35 and stqing vi thin the budget. COUNCILMAI CLAY'roN MOVED TO ACCEPI' THE BID FROM EBY CONTRAC'IDR, INC. WITH TH! DELETION OF THE BANNOCK AND QUINCY CROSSPAN IN THE AMOUNT OF $13,448.35. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nqa: Council Members Brown, Clayton, Williams, Sovern, Smith, Minn, Taylor None The Mqor declared the motion carried. • • • • • • City Manager ?:cCcvn pre::;cntcd a memorandum from the Director of Fjnance concerning the 1977 Audit ~ontract. City Manager Mccown stated that City Council had approved previoU£ly one firm, in this case1 Shepherd and Comp&J'\Y tor a term of three years to do the City Audit with each annual contract approved by Council. City Manager Mccown stated the contract is the last one ending the three year period with Shepherd and Company. City Manager McCown explained the contract is for $23,500, the maximum amount chargeable, and an increase of $3,000 over 1976, but the amount could be reduced if less time is required. City Manager Mccown further explained that the increase is due to nev programs that have not been audited prior to this year and to the increased office costs incurred by Shepherd and Company during the audit. COUNCILMAN MANN MOVED TO AWARD THE CONTRACT TO SHEPHERD AND COMPANY FOR THE AMOUNT OF $23,500 FOR THE AUDIT THIS YEAR. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Aye s: ~:ays : Council ME:mbers Brown, ClR,yton, Williams, Sovern, Smith, Ma nn, Tay o r :k e r:r.e ::::·or " cl "r e · t h e r..o tion carried. * * * * * * f1 ; ·-..t dc-r 19, l9'f1 Page 1 I H'J'ROD"..:C ED AS A BILL BY COUNCILMAN SMITH BY AUTHORITY ORDINANCE NO. 23 SERIES OF 1977 AB ORDDANCE APPROVING A RIGHT-OF-WAY AGREEMmT Bm'WEEN MELVIH J. DENNING AND Vm.A R. DENlfIIfG AND THE CONTINENTAL NATIONAL BANK (GRANTORS) AND THE CI'l'f ~ ENGLEWOOD; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN REAL PROPERTr AS DFSCKIBED HEREIN; AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE SA.ID AGREEl91' AND CONVEYANCE; AND DIRECTING THE DIRECTOR OF FINANCE TO ATTEST THE SAME. COUNCILMAN SMITH MOVED TO PASS ORDINANCE NO. 23, SERIES OF 1977 01' FINAL WDIIfG. Councilman Mann, seconded the motion. Upon a call of the roll, ae vote resulted as follows: Ayes: Council Members Brown, Clayton, Williams, Sovern, Smith, Mann, Taylor Nays: Bone The Mayor declared the motion carried. • • • • • • IBTROIIEED AS A BILL BY COUNCILMAN WILLIAM:J BY AUTHORITY ORDINANCE RO. 21 SF.'!RIES OP 1977 Al ORDJIANCE AMENDING SUBSECTION (a) OF SECTIOlf 16, CHAPl'ER 3, TITLE XV OP 'IHE 19'f ENGLEWOOD MUNICIPAL CODE, BY R!QUIRING THE OWNERS OF ALL PROPERTY HAVING CONNECTIOI TO THE CITY WATER SUPPLY TO INSTALL APPROVED WATER METERS UPOI BJ: SALE, TRA!1SFER, OR CHANGE FROM RF.5IDENTIAL TO COMMERCIAL OR IHDtB'm&L USE. COUNCILMAN WILJ ,IAMS MOVED TO POSTPONE THE FINAL READING OF ORDINANCE NO. 21, SERIES OF 1977 AND THE CONSIDERATION OF THE ENTIRE WATER IMPROVEMENT PROGRAllUNTIL NOVEMBER 28, 1977 AT 7:00 P.M. AT A SPECIAL COUNCIL MEETING. Counciblan Sovern seconded the motion. Upon a call of the roll, the vote res u lte« as fo llOYs: Aye s: Co u nc i l ;·:-::.uer s B1·own, Clayton, Willi 6.m s, Sovern, Smith, '.·: n , T . ']or '7'he ::s.yo r ~e l e:-e ~ . e .:i tion c e.rried. ~ * * • • • September 19, 1977 Page 8 !N'rRODUCED AS A BILL BY COUNC ILMAN MANN A BILL FOR AN ORDINANCE APPROVING AN AMENDED AGREEMENT BEI'WEEN THE CITY OF ENGLEWOOD, COLORADO AND THE ENGLEWOOD HOUSING AUTHORITY RELA'l'ING TO THE HOUSING REHABILITATION LOAR PROGRAM POLICIES AND PROCEDURES. COUNCILMAK MANN MOVED TO PASS THIS BILL FOR AN ORDINANCE ON FIRST READING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: qes: Council Members Brown, Clayton, Williams, Sovern, Smith, Mann, Taylor None The ~or declared the motion carried. • • • • • • RESOLUTIOR NO. 40 1 SERIES OF 1977 A RESOLUTION AMENDING THE 1977 GENERAL FUND BUDGRI'. City Manager Mccown stated that some corrections were to made on this resolution. City Manager Mccown stated that under Section 1. Source ot Funds, Fund Balance, the figure should be $19 1 000 instead of $15,000; under Section 1. Appropriations, Fire, the figure should be $14 1 000 instead ot $10 1 000 and under Section 1. Appropriations, Total, the figure should be $19,000 instead of $15,000. COUNCILMAN BRCMN MOVED TO PASS RESOLlJl'ION NO. 40, SERIFS OF 1977. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Brown, Clayton, Williams, Sovern, Smith, Mann, Taylor r7ays: None Th e Vayor declared tr.e r1 ti on c a ·ried . * * * * * * co .lCILJ.lAN SOV E~.~ .m ·:sn TO POS'.1.'PO :iE THE APP r;,_;:1." iT .!. 0 THE ·--1 CDIL ITATIO'l LOAU COi·~ I TT E U:;-I'I L '.LHE :i A"T R.t;GULAP. co m;cr t .. :.:·:::T I! G o:~ OC r 3E:\ 3, 1977 AT 7:30 P.M. Cc u .c:l .. a n ··yton sec0 n ded t .e r;.~tion. Upon a call of the roll, the v te e s uJ~ea as fo -J o•s: s~pteniler 19, 1977 P age 9 Ayes: Cou n ci 1 Memb e rs Brown 1 Clayton 1 Willi ams 1 Sovern, Smith 1 Mann 1 Taylor Nays: None Th~ Mayor declared the motion carried. • • • • • • City Manager McCown presented the proposed budget tor 1978• City Manager Mccown stated that the proposed budget tor 1978 is a status-quo budget tor $13,496 1 111 and that the budget is a decrease over 1977 as a result ot several projects being completed. City Manager informed the Council that npplemental requests will be submitted before Friday, September 23 1 tor Council'• consideration. COUNCILMAN SOVERN MOVED TO RECEIVE THE 1978 PROPOSED BUOOEl'. Council- man Cl~n seconded the motion. Upon a call ot the roll, the vote resulted as tollara: Ayes: Council Members Brown, Clayton, Willia.ms, Sovern, Smith, Mam, Taylor Nays: None The Mayor declared the motion carried. • • • • • • City Manager McCovn transmitted a memorand\D trom Director ot Public Works Kells Waggoner concerning the CH2M Hill Water Report tor intonnmtfon purposes. Councilman Sovern stated that the report was CH2M Hill's evaluation and as~essment ot the allocation of water rights involving a segment of the Ci~ Ditch pipeline. • • • • • • Donald Marshall, 6059 s. Atlantic Street, Littleton, appeared before the Council and requested the Council to reconsider the zoning at 3270 -328o s. Barn.ck the area in which his office is located. Mr. Marshall requested he Coi:leil to rec on sider a pr • s ed planned development that he would submit o n t~.e ;ro erty and ~ -sur -Co· ncil that he would go through the Planning r :id Zo~g C :.:r: sion '"'r c .. ::-:,"I :·::.:' :'.: _;-, :::::;_, -·~1.S ~'.EC ;,.F I L RE COISIDER A PROPOSED PLAHNED .:.'.t..LG::z:"1 .-:' ,-., r-rlA T ;.'.:{. ::;:: T_,D ;.~~SHAL L PROVIDE THE PROPOSAL WITHIN 90 l !.Y'2 . :ou .. d ":"'n ::L:-~.-. ~ r :1C~ • the noti on. Se ptember 19, 1977 !age 10 Councilman Sovern pointed out that a PD is overlying zoning and queried the point that before Mr. Marshall can submit a proposal he has to have the type or zoning necessarf and in this case a business zoning which he does not have. Councilman Smith stated that it was his understanding that Mr. Marshall ms;y include a request for the zoning in order to accomodate his proposed PD and unless the Council reconsiders the rezoning, the Council can not bear the proposal. Assistant City Attorney concurred with Councilman Smith's cormnent. Upon a call ot the roll, the vote resulted as follows: Ayes: Nqa: Council Members Brown, Clayton, Williams, Sovern, Smith, Mann, TB\Y'lor None The Mqor declared the motion carried. • • • • • • Mayor Ta.ylor announced that the Mayor's Coffee will be Thursday, September 22 1 1977 at 7:30 P.M. • • • • • • COUNCii.MAN MANN ltDVED THAT A J,'E'M'ER BE WRITTEN TO THE "MIGHTY 9' ERS" THANKilfG TH!M FOR PARTICIPATING IN THE SOFTBALL GAME. Councilman Clayton seconded the motion. Upon a call or the roll, the vote resulted as follows: Raya: Council Members Brown, Clayton, Williams, Sovern, Smith, Mann, Tqlor !lone The Mqor declared the motion carried. • • • • • • COUllCIL.MAN MAJffl ;~OVED TO DI:SlG IATE ;,_ ROPRT ATE A F OI IJ'l1 ill~TS TO TH E i-7A' ER tU;D SEW ER BOARD THO SE BEI IG .' • J,'.,.,F.EDITH w. Ft;p :.i.S TER REPLA c rrn Virt . HAYES TO SERVE OUT =nE TERM UNTIL F EE "~A FY _, 1 982 _fl,!·:-•:Ro ;\T ·y ;,·n ·:-~rs EE PLA CIH G .:AROT D BA3COCK TO S..:. r; C" .i. ... i1E r;;__.;.: J~.i'L ..... [£::L,7\1.iAi i . 1 , 19 16 . COU!lC ilr ... 5.n Smith seconded the mo:ion . Upon the cal l of th e ro.11, the vo te re sulted as fo _lO"#S: September 19, 1977 Pa ge 11 Ayeaz Council Mem bers Brown, Clayton, Willia.me, Sovern, Smith, Mann 1 Taylor Nays: None The Mayor declared the motion carried. • • • • • • COUNCILMAK MANI ?«)VED TO DIRECT THE CITY ATTORNEY TO SET UP AB ORDIIAJl:I TO REQUIRE THE VISITOR SECTIOlf OF THE AGENDA TO BE PLACED FOLLOW- ING THI PRE-SCHEDUL~ VISITOR SECTION. Councilman Smith seconded the motion. Upon a call ot the roll 1 the vote resulted as tollo~s: Ayes: Nays: Council Members Brown 1 Clayton, Williams, Sovern, Smith, Mann, Taylor None The Mayor declared the motion carried. • • • • • • Councilman Sovern requested progress reports on the Littleton Fire- Littleton City stations contacts and the Disaster Preparedness Plan at the next meeting. • • • • • • Mayor Taylor announced for news and publication purposes for the Sentinel reporter present that nomination petition packets tor the upcoming election will be available September 23, 1977 through October 14 1 1977 at Cit;y Hall. • • • • •• Councilman Brown stated that he has requested the City Attorney's office to compose amendments to two different ordinances defining the kinda of animal.a that can be kept in the City of Englewood in one ordinance; and restricting the length of house trailers allowed to park on residential property in the other ordinance. • • • • • • Coun ci rr.an ~·~e:n n requested the .Assistant City Attorney to research . d r ev iev the p o c s jb lity o f c om posi ng an ordinance restructuring the member- * * * • • • c c pt cMb c r 19 9 1977 Pa ce 12 COlfN C [L''1AN WIT ,L TA 18 MO VED T O ADJ OURN THE RIDULAR COUNCIL MEETING. Co un ci lms.n Govern sec o nded the motion. Upon a call of the roll, the vote r e s u lted as follows: Ayes: Council Merabers Brown, Clayton, Willie.ma, Sovern, Smith, Mann, T~lor Nays: None The Mayor declared the motion carried, and the meeting adjourned at 9:20 P.M.