Loading...
HomeMy WebLinkAbout1976-03-01 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO March 1, 1976 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 1, 1976 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Mr. Werner Schnackenberg of the Ba'hai Assembly of Englewood. The Pledge of Allegiance was led by Cub Scout Pack #153. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Acting Director of Community Development Romans Director of Finance James Deputy City Clerk Varner * * * * * • COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT THE MINUTES OF THE REGULAR CITY COUNCIL MEET- ING ON FEBRUARY 17, 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * * • * • • COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE AUTHOR- IZING THE SALE AND ISSUANCE OF SEWER REVENUE REFUNDING BONDS IN THE PRINCIPAL AMOUNT OF $1,516,000. Upon a call of the roll, the vote resulted as follows: March l , 19 7 Page 2 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 8 SERIES OF 1976 AN ORDINANCE AUTHORIZING THE SALE AND ISSUANCE OF SEWER REVENUE REFUNDING BONDS, SERIES 1976 OF THE CITY OF ENGLEWOOD, COLORADO IN THE PRINCIPAL AMOUNT OF $1,516,ooo FOR THE PURPOSE OF REFUND- ING OUTSTANDING . SEWER REVENUE BONDS, SERlES 1975 IN TlfE AMQUNT . 'i .. ·oF $1,550,000; PROVIDING FOR AN ESCROW .TO PAY SAID .BONDS , AND . THE INTEREST THEREON; PRESCRIBING THE FORM OF SAID REFUNDING BONDS AND PROVIDING FOR THE APPLICATION OF THE NET REVENUE OF THE SEWER SYSTEM TO PAY THE BONDS AND THE INTEREST THEREON, AND OTHER DETAILS IN CONNECTION THEREWITH; AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. No one appeared to speak for or against this ordinance. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS ORDINANCE NO. 8, SERIES OF 1976, ON FINAL READ- ING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. '·. Nays: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN SM~TH SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE REZON- ING A PARCEL OF LAND BOUNDED ON THE WEST BY SOUTH DECATUR STREET, March 1, 1976 Page 3 ON THE NORTH BY WEST UNION AVENUE, ON THE EAST BY THE PARTIALLY DEDICATED RIGHT-OF-WAY OF SOUTH CLAY STREET FROM R-1-C, SINGLE FAMILY RESIDENCE DISTRICT, TO R-2, MEDIUM DENSITY RESIDENCE DISTRICT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Acting Director of Community Development Romans reviewed the involved area on the zoning map. She reported that the notice of the public hearing was published and the property was posted as required. She stated that the applicants for this rezoning are Mr. and Mrs. Weaver, who a~e represented by Attorney John Criswell. Ms. Romans ·further explaihed the d~tails -~nd backgrotind of ··thi~ rezoning application; and she noted that before any development could take place in the area a subdivision plat would have to be filed. The findings of fact and conclusions of the Planning and Zoning Commission were submitted to the City Clerk for the record, to be included with the staff report which was previously submitted. Ms. Romans stated that the developers would have to apply to Valley Sanitation District for sewer service, which would require a lift station. Valley Sanitation District has fifty taps available. She further stated that this is in the Valley Water District and they could be served with water. Discussion followed by Council regard- ing the utilities. Attorney John Criswell appeared representing the appli- cants. He submitted a packet of fourteen exhibits to the City Clerk and members of Council containing related information. He reviewed these exhibits and the details of this rezoning applica- tion. He pointed out that this is not a final decision by Council because a subdivision plat would have to be filed and approved by City Council. In response to Councilman Mann, Mr. Criswell stated that he has not seen any petition against this. Councilman Mann pointed out that there was a petition of 91 against and 5 for this rezoning. Mr. Criswell submitted a fifteenth exhibit to the City Clerk, a generalized land use map of 1970. Bill Broomhall, 1744 South Leyden, broker for Sitefinders I Realty, appeared to speak for this ordinance. Mr. Broomhall stated that he has worked with trying to sell this property~' and it has been impossible as it is presently zoned to sell it to a custom builder. He stated that the area involved is over four and under five acres. He further stated that he feels the present zone is depriving the owners of the true value of the property. B. L. Weaver, 2714 West Union, appeared to speak for this ordinance. Mr. Weaver has owned approximately two acres of Ma r ch Page 4 t 7 this property since 1953. He stated that sixteen feet of Clay Street was dedicated by the previous owners. He is in favor of the zoning change because he wants to retire and sell the property. Council discussed the utility problems that would be involved in the rezoning. Councilman Sovern stated that the use of a lift station on a long-term basis is a bad policy and that gravity could be used. May Ferguson, 2740 West Union, appeared to speak for this ordinance. She stated that she owns approximately three acres of this land immediately East of Decatur and South of Union. Ms. Ferguson stated that she is in favor of this rezon- ing so she can sell her ~roperty. Bernice Maycumber, 2913 West Tanforan Drive, appeared to speak against this ordinance. Ms. Maycumber stated that she objects to allowing units more than duplexes because they have a very quiet neighborhood now and she fears a rise in vandalism. John Tidwell, 2720 West Union, appeared to speak against this ordinance. He stated that he is against a higher density district because there is no sewer service in this area. Mr. Tidwell stated that he drew up a petition of 91 people against this ordinance which was submitted for the record. He owns one-half acre of property immediately to the south of the area to be rezoned. City Attorney Berardini stated that the utilities for this area present a problem under any zone classification and that this is a problem that will have to be resolved before development takes place. Mayor Taylor explained that the utility problem is not the issue at this hearing. Mr. Criswell stated that he does not object to the petitions becoming a part of the record. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Mayor Taylor declared a recess at 9:20 p.m. Council reconvened at 9:30 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. March 1, 1976 Page 5 The Mayor declared a quorum present. INTRODUCED AS A BILL BY COUNCILMAN BROWN BY AUTHORITY ORDINANCE NO. 9 SERIES OF 1976 AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-1-C SINGLE- FAMILY RESIDENCE DISTRICT, TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. Councilman Mann moved for continuation of the public hearing until the next Council meeting. There was no second to the motion. COUNCILMAN BRqWN ·MOVED ~~D COQ_NCILMAN SMITH · SECOND~D A MOTION TO PASS ORDINANCE NO. 9, SERIES OF 1976, ON FINAL READING. Councilman Sovern stated that he feels the utility problem should be considered before anything happens on this property. Councilman Mann stated that under the circumstances Council should have some time to think about this matter. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE THIS MATTER UNTIL THE COUNCIL MEETING ON MARCH 15, 1976. Councilman Smith expressed his objection to this motion because a specific date was used. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Clayton. Nays: Council Members Williams, Sovern, Smith, Brown, Taylor. The Mayor declared the motion defeated. Upon a call of the roll, the vote on the original motion to pass Ordinance No. 9 resulted as follows: Ayes: Council Members Williams, Sovern, -~mith, Brown, Clayton, Taylor. Nays: Council Member Mann. The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE FINDINGS OF FACT ON ORDINANCE NO. 9, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: I March 1, 1976 Page 6 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE REZON- ING A PARCEL OF LAND ON THE NORTHWEST CORNER OF THE INTERSECTION OF SOUTH ELAT+ AND WEST ITHACA AVENUE FROM R-4 RESIDENTIAL- PROFESSIONAL ZONE DISTRICT, TO B-2 BUSINESS DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Acting Director of Community Development Romans reported that the public hearing notice was published and the property was posted as required. The Planning and Zoning Commission held a public hearing on December 17, 1975 and has recommended this zone change. She reviewed the involved area on the zoning map and out- lined the background and details of the application, which was filed by Attorney Tom Eitel on behalf of William VanHeusen. Attorney Tom Eitel appeared representing the applicants P. E. Voorheis, Jr. and William P. VanHeusen. Mr. Eitel reviewed the details of this application and pointed out that the Planning and Zoning Commission had unanimously approved it. No one appeared to speak for or against this ordinance. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Mr. Eitel requested that the staff report become a part of the record. March 1, 1976 Page 7 INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS BY AUTHORITY ORDINANCE NO. 10 SERIES OF 1976 AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-4 RESIDENTIAL- PROFESSIONAL DISTRICT, TO B-2 BUSINESS DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 10, SERIES OF 1976, ON FINAL READ- ING AND TO DIRECT THE CITY ATTORNEY TO PREPARE FINDINGS OF FACT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE REZON- ING A PARCEL OF LAND AT 3524, 3536, AND 3539 SOUTH DELAWARE STREET AND THE PARKING LOT AREA FOR THE OFFICE BUILDING NORTH OF THE SUBJECT PROPERTY OF 3515 SOUTH DELAWARE STREET FROM R-3, HIGH DENSITY RESIDENTIAL DISTRICT, TO B-2, BUSINESS DISTRICT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Acting Director of Community Development Romans reported that the public hearing notice was published and the property was I posted as required. She stated that the staff report, findings of I fact, and minutes of the Planning Commission public hearing were forwarded to City Council, and she suggested making them a part of the record. Ms. Romans reviewed the property involved. Attorney Tom Eitel appeared representing the applicants P. E. Voorheis, Jr. and William P. VanHeusen. He requested that the staff report and conclusions become a part of the record, as well as a letter from Robert Campbell which was submitted to the Planning and Zoning Commission consenting to the rezoning of his property. Mr. Eitel reviewed the area and property involved. March 1, 1976 Page 8 P. E. Voorheis, Jr., 5303 South Franklin Circle, Littleton, appeared and was sworn in to speak in favor of this ordinance. Mr. Voorheis stated that he owns part of the property involved and that the property has changed from a basic residen- tial area to a commercial area. William VanHeusen, 151 Eudora, Denver, appeared and was sworn in to speak in favor of this ordinance. He stated that his plans for this area are to put in a shopette-type building to include a delicatessen and a meat market with fresh sea food. He further stated that some of the area will be used for additional parking, and the building will be two story with the second story used for offices. No one appeared to speak against this ordinance. COUNCILMAN SMITH MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON BY AUTHORITY ORDINANCE NO. 11 SERIES OF 1976 AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-3 HIGH DENSITY RESIDENTIAL ZONE DISTRICT, TO B-2 BUSINESS DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 11, SERIES OF 1976, ON FINAL READ- ING AND TO DIRECT THE CITY ATTORNEY TO PREPARE FINDINGS OF FACT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • "Communications -No Action Recommended" on the agenda were all accepted: March 1, 1976 Page 9 (a) Minutes of the Council meeting of the Denver Regional Council of Governments on January 21, 1976. (b) Minutes of the Planning and Zoning Commission meeting of February 3, 1976. (c) Minutes of the Fire Pension Board meeting of February 11, 1976. (d) Minutes of the Parks and Recreation Commission meeting of February 12, 1976. (e) Letter from John Criswell, special counsel, concerning the Atchison Ranch Litigation. (f) Annual Report for the City of Englewood for the year 1975. (g) Letter from the Office of the State Auditor to the City Council and letter from the Director of Finance to the Office of the State Auditor concerning the 1974 Financial Report of the City of Englewood. (h) Memorandum from the Director of Public Works to the City Manager concerning highway study prepared by Centennial Engineers for the State Department of Highways on U. S. 285 in the vicinity of Englewood. Councilman Sovern requested that additional information be obtained from the City Attorney at the study session of the April 5th City Council meeting on agenda item 3-e. He also suggested discussing agenda item 3-h at the retreat. Councilman Smith requested additional information on agenda item 3-g when a reply is received from the State Auditor's Office. Councilman Clayton requested that agenda item 3-d be referred back to the Parks and Recreation Department for recom- mendations to Council concerning more trees in the parks. • • • • • • Assistant City Manager Nollenberger presented and explained a reconunendation from the Water and Sewer Board for a supplement to the Connectors Agreement with Cherry Hills Sanitation District to grant a revocable permit for construc- tion of sanitary sewer lines within the Englewood city limits. March 1 , 19 76 Page 1 0 INTRODUCED AS A BILL BY COUNCILMAN SOVERN A BILL FOR AN ORDINANCE GRANTING TO THE CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT, ARAPAHOE COUNTY, COLORADO, ITS SUCCESSORS AND ASSIGNS, A REVOCABLE PERMIT FOR A LICENSE TO ENCROACH IN A PORTION OF EAST JEFFERSON DRIVE WITH ONE 21-INCH DIAMETER SANI- TARY SEWER, SUBJECT TO CERTAIN TERMS 'AND .CONDITIONS. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE GRANTING TO THE CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT, ARAPAHOE COUNTY, COLORADO, ITS SUCCESSORS AND ASSIGNS, A REVOCABLE PERMIT FOR A LICENSE TO ENCROACH IN A PORTION OF EAST JEFFERSON DRIVE WITH ONE 21-INCH DIAMETER SANITARY SEWER, SUBJECT TO CERTAIN TERMS AND CONDITIONS ON FIRST READING. Discussion followed regarding the insurance limits of this agreement. COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO AMEND PARAGRAPH (f) ON PAGE 2 OF SECTION 2 OF THIS BILL TO READ: " ••• WITH BODILY INJURY LIMITS OF NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS ($100,000) AS TO ANY ONE PERSON, AND THREE HUNDRED THOUSAND DOLLARS ($300,000) AS TO ANY ONE OCCURRENCE, AND WITH PROPERTY DAMAGE LIMIT OF NOT LESS THAN ONE HUNDRED THOUSAND DOLLARS ($100,000) FOR ANY ONE OCCURRENCE." Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the amendment to the original motion carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the original motion as amended carried. • • • • • • Assistant City Manager Nollenberger presented and explained a recommendation from the Water and Sewer Board March 1, 1976 Page 11 approving a request for water service for Windermere Water Users Association. COUNCILMAN SOVERN MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO APPROVE THE DISTRIBUTORS CONTRACT FOR WINDERMERE WATER USERS ASSOCIATION. Assistant City Manager Nollenberger stated that there are provisions for three fire hydrants. Discussion followed regarding the size of the water main. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE THIS MATTER AND DIRECT THE DIRECTOR OF UTIL- ITIES TO PREPARE A MASTER PLAN BASED UPON FIRE FLOWS FOR PLAN- NING PURPOSES FOR THE PURPOSE OF DISCUSSION. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Assistant City Manager Nollenberger presented a reconnnendation from the Water and Sewer Board that City Council not become a member of the Colorado Water Congress at this time. COUNCILMAN MANN MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO ACCEPT THE RECOMMENDATION FROM THE WATER AND SEWER BOARD THAT CITY COUNCIL NOT BECOME A MEMBER OF THE COLORADO WATER CONGRESS AT THIS TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Acting Director of Community Development Romans presented a recommendation from the Planning and Zoning Commission to amend Section 22.5 and Section 22.8 of the Comprehensive Zoning Ordinance regarding temporary struc- tures. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A March 1, 1976 Page 12 BILL FOR AN ORDINANCE AMENDING SECTION 22.5 AND SECTION 22.8 OF THE COMPREHENSIVE ZONING ORDINANCE REGARDING TEMPORARY STRUCTURES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, "Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Acting Director of Community Development Romans presented a recommendation from the Planning and Zoning Commission for rezon- ing an area bounded by Kenyon on the north, Sherman-Grant alley on the east, Oxford on the south, and Broadway-Lincoln alley on the west to R-2-C. City Manager Mccown explained that this area is presently unzoned, and he suggested holding the public hearing at the special City Council meeting on March 22, 1976. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A, TWO FAMILY RESIDENCE DISTRICT, TO R-2-C, MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A, TWO FAMILY RESIDENCE DISTRICT, TO R-2-C, MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL ZONING MAP ACCORDINGLY ON FIRST READING; AND SETTING A PUBLIC HEARING FOR THE SPECIAL CITY COUNCIL MEETING ON MARCH 22, 1976 AT 7:00 P.M. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • * * * RESOLUTION NO. 10 A RESOLUTION AMENDING THE 1976 BUDGET IN THE GENERAL FUND. March 1, 1976 Page 13 COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS RESOLUTION NO. 10, SERIES OF 1976. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented a Bill for an Ordi- nance amending the pay scales for fire, police, and non-emergency employees effective January 1, 1976. INTRODUCED AS A BILL BY COUNCILMAN SMITH A BILL FOR AN ORDINANCE AMENDING SECTIONS 8, 9(a) AND lO(a) OF CHAPTER 6, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO SALARIES FOR ALL CLASSIFIED PERSONNEL OF THE CITY OF ENGLEWOOD. COUNCILMAN BROWN MOVED AHO COUNCILMAN CLAYTON SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTIONS 8, 9(a) AND lO(a) OF CHAPTER 6, TITLE V, OP THE 1969 ENGLEWOOD MUNICIPAL CODE, RELATING TO SALARIES POR ALL C A PIED PERSONNEL OF THE CITY OF ENGLEWOOD ON FIR T READ NO. U n c 11 of the roll, the vote resulted as follows: Ayes: Council Memb r W 111 m , . ., v rn, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared th ti o rr1 • • I I I I I RESOLUTION NO. 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, RELATIVE TO THE APPOINTMENT OP TOM BURNS TO THE HOUSING AUTHORITY. Councilman Clayton moved to pass Resolution No. 11, Series of 1976. The motion died for the lack of a second. A discussion by Council followed, and it was decided that this resolution is not needed because this appointment is made by the Mayor. March 1, 1976 Page 14 COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT CITY COUNCIL TAKE NO ACTION ON AGENDA ITEM 5-b, A RESOLUTION APPOINTING TOM BURNS TO THE HOUSING AUTHORITY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried, and this resolu- tion was voided. • • • • • • City Attorney Berardini reported on the status of the issuance of a liquor license to Los Compadres, 4595 South Santa Fe Drive. He stated that this building has not been licensed at all since the first of the year. He recommended that the sellers renew the license and then have it reissued to the purchasers. The State Liquor Division approves of this process, and it would avoid a full public hearing on the matter. • • • * * * City Attorney Berardini presented a report concerning a special events liquor license for St. Lou.is Catholic Church on March 19th. He suggested that Council hold a public hearing on March 15, 1976. COUNCILMAN SMITH MOVED AND COUNCILMAN MANN SECONDED A MOTION TO HOLD A PUBLIC HEARING AT THE CITY COUNCIL MEETING ON MARCH 15, 1976 TO CONSIDER A SPECIAL EVENTS LIQUOR LICENSE FOR ST. LOUIS CATHOLIC CHURCH. Sylvester Walorski, 1152 West Oxford Place, appeared representing St. Louis Catholic Church. He explained that this license is for wine and beer for the annual St. Patrick's Day dance. Chalmerse Parker, 3996 South Grant, appeared and asked questions regarding public hearings. City Attorney Berardini explained that a public hearing is required. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • * March 1, 1976 Page 15 City Manager Mccown presented a memorandum from the Assistant City Manager to the City Manager regarding City Council retreats. Additional information regarding out-of-town retreats will be presented at the next regular Council meeting. • • • • • • City Manager Mccown presented a memorandum from the Assistant City Manager and Director of Public Works to the City Manager regarding Zuni Street construction. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SMITH SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY DOCUMENTS FOR THE PAVING DISTRICT FOR SOUTH ZUNI STREET. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN SMITH MOVED AND COUNCILMAN WILLIAMS SECONDED A MOTION TO CONTRIBUTE $1,546 FROM "AID TO OTHER AGENCIES" TO THE ENGLEWOOD HOUSING AUTHORITY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • City Manager Mccown presented the rezoning request for the Scenic View area and a rough draft of a letter to be sent to the Board of Education. COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED I A MOTION THAT THE CITY COUNCIL INITIATE THE REZONING OF THE FOLLOW- ING DESCRIBED AREA FROM R-1-C, SINGLE-FAMILY RESIDENCE, TO R-2-C, MEDIUM DENSITY RESIDENCE, PURSUANT TO SECTION 22.3-1 AND SECTION 22.3-2 OF THE COMPREHENSIVE ZONING ORDINANCE, AND ASK THE PLANNING COMMISSION TO DETERMINE WHETHER THE PUBLIC NECESSITY, CONVENIENCE, HEALTH, SAFETY, MORALS, GENERAL WELFARE AND GOOD ZONING PRACTIVE JUSTIFIES THAT AREA BE REZONED R-2-C, MEDIUM DENSITY RESIDENTIAL, AND TO SUBMIT ITS RECOMMENDATION THEREON TO THE CITY COUNCIL IN DUE COURSE: THE SUBJECT AREA BEING BOUNDED BY THE EVANS/ADRIATIC March 1, 1976 Page 16 ALLEY AND ALLEY EXTENDED ON THE NORTH; THE CENTERLINE OF SOUTH TEJON STREET ON THE EAST; THE CENTERLINE OF BLOCK 13, SOUTHLAWN GARDENS SUBDIVISION ON THE SOUTH; AND THE CENTERLINE OF SOUTH ZUNI STREET ON THE WEST. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO SEND A LETTER TO REVEREND HOSANNA, PRESIDENT, AND MEMBERS OF THE BOARD OF EDUCATION CONCERNING CITY COUNCIL'S OPINION REGARDING SCENIC VIEW SCHOOL UNDER THE MAYOR'S SIGNATURE. The letter was read by the City Clerk and discussion followed. Councilman Smith stated that this letter does not push Council's opinion on the School Board and urged Council to approve the letter. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AMEND LINE 6, LAST PARAGRAPH, PAGE 2, BY DELETING "THIS RECOMMENDATION" AND INSERTING "OF THESE MATTERS IN YOUR DELIBERATIONS." Upon a call of the roll, the vote on the amend- ment resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton. Nays: Council Members Williams, Taylor. The Mayor declared the amendment carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AMEND LINE 6, PARAGRAPH 2, PAGE 1, BY DELETING "WILL" AND INSERTING "COULD"; AND TO AMEND LINE 9, PARAGRAPH 2, PAGE 1, BY DELETING "WOULD" AND INSERTING "COULD". Upon a call of the roll, the vote on the amendment resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton. Nays: Council Members Williams, Taylor. The Mayor declared the amendment carried. Upon a call of the roll, the vote on the original motion as amended resulted as follows: Ayes: Council Members Sovern, Smith, Brown, Mann, Clayton, Taylor. March 1, 1976 Page 17 Nays: Council Member Williams. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED I A MOTION TO APPOINT THE FOLLOWING PEOPLE TO THE FOLLOWING BOARDS: RETIREMENT BOARD -PHIL VIERIA AND WILLIAM K. RITTERHAUSE; BOARD OF ADJUSTMENT AND APPEALS -W. KELLEY OLIVER AND JOHN KREILING; PLANNING AND ZONING COMMISSION -GEORGE JORGENSON; LIBRARY BOARD - SUE MUELLER, GLENNA BENNET!', AND EARL DEUPREE; WATER AND SEWER BOARD -DAVID HAYES AND THOMAS GIBSON; ELECTION COMMISSION - BARBARA BURGET. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Councilman Sovern suggested that Council take a comprehensive look at the whole City concerning zoning, rather than waiting for things to happen. Councilman Clayton asked if those parts of the City such as the northwest and southwest could be considered separately because of the way the City is laid out. Councilman Sovern responded that it could be done this way, and he proposed discussion between City Council and the Planning and Zoning Commission on how to get started with this. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN SMITH SECONDED A MOTION THAT THE FOLLOWING BE REFERRED TO THE WATER AND SEWER BOARD FOR DISCUSSION AT THEIR CONVENIENCE: (1) POLICIES ON NEW LIFT STATIONS; (2) PROBLEMS WITH SEWER SERVICE IN AREAS PRESENTLY WITHOUT SERVICE OR WITH PROBLEMS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • March 1, 1976 Page 18 Councilman Smith presented a Colorado Municipal League publication stating opposition to House Bills 1058, 1026, and 1225 and requested Council's consideration of these items. COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO SEND LETTERS TO THE APPROPRIATE COMMITTEES IN OPPOSI- TION TO HOUSE BILLS 1058, 1026, AND 1225 AND THAT A COPY BE SENT TO THE COLORADO MUNICIPAL LEAGUE AND THE LOCAL DELEGATES. Councilman Mann expressed his support of House Bill 1225. Discussion by Council followed. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT ACTION ON THIS MOTION BE TABLED UNTIL THE CITY COUNCIL MEETING OF APRIL 5 AND HAVE A STAFF REPORT AT THAT TIME. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • Mayor Taylor requested that the conduct of a City Council meeting be discussed at a study session or the retreat. It was decided by Council that the votes would be "yes" and "no" rather than "aye" and "nay" because this is more clear on the tape and for the audience. I I I I I I COUNCILMAN SMITH MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO DIRECT THE CITY MANAGER TO LOOK AT THE TOTAL LOUD SPEAKER SYSTEM IN THE COUNCIL CHAMBERS AND REPORT BACK TO COUNCIL WITH RECOMMENDATIONS AND APPROXIMATE COSTS FOR IMPROVEMENT. Upon a call or the roll, the vote resulted as rollows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. * I * I I * COUNCILMAN WILLIAMS MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: March 1, 1976 Page 19 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried, and the City Council meeting was adjourned at 12:15 a.m. City Clerk P