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HomeMy WebLinkAbout1975-08-04 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO AUGUST 4, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 4, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Brown. The pledge of allegiance was led by Mayor Taylor. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director of Public Works Waggoner Acting Director of Community Development Romans Deputy City Clerk Johannisson • • • • • Deputy City Clerk Johannisson said that the minutes of the previous meeting needed to be corrected on page 5 in the motion relating to the consideration of a request by Boy Scout Troop 263 to use the City Ditch right of way. In the vote - Absent: should read, Council Members Brown, Blessing. Councilman Mann referred to page 10 of the minutes, the second paragraph relating to the Memorandum of Understanding between the Englewood Firefighters Association and the City. He asked whether the words "would not" in reference to delegation of authority is correct in the answer to Councilman Clayton's question. City Manager Mccown said that he did not remember the exact context in the use of the word "would not", but Meeting of August 4, 1975 2 believes it would have to refer to discussion relating to the total compensation package for the firemen, and who has the authority in bargaining for this package. The City staff has the delegated authority to do the study work on the question, and then the City Council has the final authority for passage in its legislative function. So the use of the words "would not" would be correct in this case. Councilman Mann said that in the paragraph following, there was a question which was deleted in the minutes, and stated that it would be on the tape of the Council meeting. The question asked is, "with fringe benefits, would that be close to $20,000 a year", to which Mr. Nollenberger answered in the affirmative. Councilman Mann indicated in the top paragraph,of page 11, the 40% figure should have been 37% as established at the meeting that night, with a total salary and fringe benefit package of $19,600. Councilman Mann further stated that he had seen the Deputy City Clerk the following Tuesday to insure that the portion of the Council meeting relating to the Memorandum be strictly followed in these series of questions, because the contracts for the City workers would be re-negotiated next year. He requested that these items be put in the previous meeting. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT THE APPROVAL OF THESE MINUTES BE DELAYED TO THE MEETING OF AUGUST 18, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jonee, Mann, Clayton, Taylor. Nays: Council Member Sovern. Absent: None Abstain: Council Members Blessing, Brown. The Mayor declared the motion carried. • • • • * Mrs. Myrtle Jones, 5020 So. Washington, was I recognized. She asked that the City Council consider studying the Denver ordinance relating to trailers. The current City Code covers only mobile homes and does not cover trailers under 26 feet in length. She said she would like to see a code restricting the parking of trailers in residential areas. She said that she had brought this problem to the Council's attention several years ago and nothing was done about it. Mayor Taylor assured Mrs. Jones that the staff would reopen this topic and do research on it, and an answer would be given to her. • • • • • Meeting of August 4, 1975 3 Mr. Roy Richards, 2189 West Vassar Avenue, was recognized. He asked if there was a decision made in regard to the West Vassar Paving District situation that was presented at the last Council meeting. City Attorney Berardini explained the results of his study into the legal problems involved in this situation. Mr. Richards and Mr. Berardini discussed various aspects of the situation. Mr. Richards stated that if this situation existed in front of Council members' properties, the problem would be quickly solved. Mayor Taylor rebutted Mr. Richards' accusation that the Council is a priviledged group, and assured him that the City government is working for the citizens of the City of Englewood. In answer to Mr. Richards' question regarding how soon a decision would be made, Mayor Taylor said that as soon as all of the information is available to make a decision. Councilman Sovern stated that two possible solutions might include that 1. The assessment may be adjusted, 2. That cost sharing may be used. A discussion between Council, Mr. Richards, and City Attorney Berardini ensued relating to property owner respon- sibilities and municipal responsibilities. City Manager Mccown said that the assessment district would probably be established sometime early in 1976 and he further explained the assessment procedure. Councilman Brown assured Mr. Richards that something is being done now to help alleviate the problem and he would not have to wait until next April to get something done. COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION THAT CITY COUNCIL GO ON RECORD AS TRYING TO WORK WITH THESE PEOPLE TO DETERMINE WHAT CAN BE DONE IN LEADING UP TO THE FINAL ASSESSMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None. The Mayor declared the motion carried. • • • • • Meeting of August 4, 1975 4 Mr. Kenneth Chandler, 6092 So. Crestview, Littleton, and Mr. Larry Clark, 3385 So. Bannock Street, were recognized, for the purpose of a re-issuance of a liquor license as the result of a sale from GraStoke Liquors to Back Door Discount Liquors, Inc., at 5450 So. Broadway. Mr. Clark, the attorney for Mr. Chandler, presented and explained the documents required for the re-issuance of a license. In response to Councilman Mann's question regarding the sale or lease of the property, Mr. Clark replied that this is a sale of property. Councilman Mann questioned the credibility of GraStoke in the initial application and approval. He further stated there was a great deal of controversy regarding whether there was a need for a liquor operation at that location and the one overriding reason why it was approved for that location was the presumption that a Target store was going to be located in the old Gem store. Mr. Clark responded by saying that it was his under- standing that business situations and the current economy are the reason why Target has not exercised their option to move into the old Gem store. He further stated that this meeting tonight was not to rule on the need of a liquor store at that location, but to determine whether the °Chandlers could have a liquor license issued to them to operate at that location. At the request of Mayor Taylor, City Attorney Berardini explained that the need for a liquor license at that location is not in question. The Council's purpose tonight is to decide whether the applicants possess the requirements to operate a liquor outlet. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO GRANT A CHANGE OF OWNERSHIP AND RE-ISSUE A LIQUOR LICENSE AT 5450 SOUTH BROADWAY TO KENNETH E. CHANDLER, INC., d/b/a BACK DOOR DISCOUNT LIQUORS, INC. A discussion ensued between Mr. Clark, Councilman Clayton, and City Attorney Berardini regarding the sale. City Attorney Berardini more fully explained the transfer of owner- ship and re-issuance of a license. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Taylor. Nays: Council Members Mann, Brown, Clayton. Absent: None The Mayor declared the motion carried. • • • • • Meeting of August 4, 1975 5 Gene Stewart, 3296 So. Downing Street, was recognized. He explained to Council that a car ran into his home at the corner of South Downing and Eastman as the result of an accident. He asked that the Council consider doing something about putting a stop light at that intersection. Councilman Brown said that he saw the aftermath of the accident and stated that someone had run a red light and crashed into the car which subsequently crashed into the house. He said the danger is great at that location and some better system needs to be installed. City Manager Mccown said that Director of Public Works Waggoner would look into the situation and would report back to Council by the next meeting, and a copy would be sub- mitted to Mr. Stewart. In response to Council's question, Mr. Stewart said that he feels that a four-way stop at that location would be a better system. • • • • • COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONSIDER ITEM 6-c-i RELATING TO CONSIDERATION OF APPEALS ACTION IN THE SANTA FE-UNION ANNEXATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. City Attorney Berardini gave a brief background relating to the Santa Fe-Union annexation and its current status. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION THAT CITY COUNCIL CONTINUE TO PURSUE ANNEXATION OF THE AREA KNOWN AS THE SANTA FE-UNION ANNEXATION AREA. Councilman Brown explained that the City of Englewood was trying to help this area before other governmental units impose their laws on them, and that the City was trying to anticipate the future needs of this area, because the people in this annexation area are not for it, he said he would vote "no". Councilman Mann asked if this motion meant that we were sending the annexation question to a higher court, or Meeting of August 4, 1975 6 whether the City was just going to continue pursuing this annexation. Councilman Sovern stated that he worded the motion in such a way as the City Attorney could pursue it through the legal system. Mayor Taylor pointed out that if the City Council votes against this motion, the annexation would be dropped. Councilman Sovern said he feels as Councilman Brown does, that if the annexation is not carried through, other levels of government will impose their decisions on this area. Therefore, the City of Englewood should follow the annexation through to its legal end. Councilman Blessing said he hopes the people in the audience understand that if the annexation is dropped, the area would lose its fire and police protection. Councilman Mann stated that he believes that a decision should be ma.de by the courts. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing. Nays: Council Members Jones, Brown, Clayton, Taylor. Absent: None The Mayor declared the motion defeated. · Councilman Jones pointed out that something should be done to reverse the court actions which are pending to remove the annexed area from the special assessment districts. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO HAVE THE CITY ATTORNEY INSTRUCTED NOT TO APPEAL THIS AND WITHDRAW FROM CASES REMOVING THE AREA FROM THE SPECIAL ASSESSMENT DISTRICTS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Mr. Lester Hunter, 2101 West Quincy, was recognized. He stated he appreciated the many meetings that the group had wi t h Council and the various Boards of the City, and thanked the City for their indulgence. CASE Meeting of August 4, 1975 7 Councilman Clayton asked when the decision would be effective. City Attorney Berardini stated that it would be effective as soon as the withdrawal motion would be presented to the court, and this would probably be done tomorrow. At that time, no taxes would be due and no services would be rendered. • • • • • Mayor Taylor called a recess at 9:00 P.M. Council re-convened at 9:15 P.M. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. • • • * • COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO OPEN A PUBLIC HEARING RELATING TO AN ORDINANCE ON FINAL READING REPEALING AND REENACTING SECTION 22.4-5 AND 22.4-6 ENTITLED "R-2-A AND R-2-B Residents District". Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing open. Acting Director of Community Development Romans explained the background about the change in standards for the R-2 and R-3 zoning districts. The actual work began in June, 1974 and was submitted to the Planning and Zoning Commission in June, 1975. She said that this was to consider a change in regulations and not in district boundaries. She pointed out the affected areas on the City zoning map and explained how the change in standards would affect these zoning areas. She outlined the specific changes in the regulations. Mrs. Oldenburg, 3776 So. Lincoln, was recognized. She objected to the rezoning of R-2-A and R-2-B into an all- inclusive R-2 zoning district because it would permit a greater latitude in zoning, in that up to 14-unit apartment dwellings Meeting of August 4, 1975 8 would be permitted. The people in these areas don't want additional apartments. She stated that in the past couple of weeks the comment has been made about the age of our water treatment plant and the City should consider the water situation I when considering rezoning and increasing population. The basic complaint of other citizens of this area is that they do not want to see R-2-A zoning to now include those types of buildings which are now permitted in R-2-B. Charles Allum, 3072 So. Lincoln Street, was recognized. He asked if a business could come to the R-2 area and buy parking for the Broadway strip. Acting Director of Community Development Romans answered in the negative. She went on to state that the citizens in this area may want to consider pursuing changing the R-2-A area to single-family zoning. Mrs. Oldenberg was recognized again. She stated her concern about parking area for the 14-unit apartments which are permitted in the proposed R-2 zoning. In response to other Council questions, Acting Director of Community Development Romans stated that 4-unit complexes can be built without a development plan. More than that would require a development plan. In response to Councilman Clayton's questions regarding churches, Mrs. Romans said that it does not affect existing buildings, only the new ones. It does not limit in any way churches in this zoning area. The same restrictions do not apply to R-1 and B-1 because the citizens, through the Planning and Zoning Commission, have decreed it. Councilman Clayton stated that he agrees with many of the changes proposed and said they are necessary. City Manager Mccown stated that in order to rezone an R-2 area to an R-1 area would require going to the Planning and Zoning Commission to have a study done. Mrs. Oldenburg stated that all the citizens in these areas want is to remain R-2-A and not be included in the criteria for R-2-B. Mary Campbell, 3865 So. Lincoln, was recognized. She said she wanted assurance from City Council that these areas would essentially be left alone. In response to Councilman Severn's question, City Attorney Berardini stated that the citizens can petition to have their area re-zoned and present it to the Planning and Zoning Commission, or the Planning and Zoning Commission can initiate the procedure itself. Meeting of August 4, 1975 9 Oliver Giseburt, 3171 So. High Street, was recognized. He urged City Council to send back this ordinance and have it re-written and eliminate the wor•ding relating to the 14-unit apartments. It would be easier to do it this way than to vote for it and then go through some other procedure to eliminate it. Councilman Brown stated that he planned to move to recommend to the Planning and Zoning Commission to rezone this area to R-1-C. Oliver Giseburt said that the City Council may want to consider other areas in this same situation. Councilman Clayton expressed his concern for saving the single-family housing unit in the City of Englewood. He asked the City Attorney what amendment can be made to eliminate the 14-unit section in the proposed ordinance. City Attorney Berardini said that it should be referred back to the Planning and Zoning Commission with specific criteria. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing closed. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. 30, SERIES OF 1975 AN ORDINANCE REPEALING AND REENACTING SECTIONS 22.4-5 AND 22.4-6 ENTITLED "R-2-A AND R-2-B RESIDENTS DISTRICT", OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES 1963, AS AMENDED) WHEREIN SAID SECTIONS RELATE TO PERMITTED USES, MINIMUM LOT AREA, MINIMUM FLOOR AREA, MAXIMUM PERCENTAGE OF LOT COVERAGE, MINIMUM FRONTAGE OF LOTS, MINIMUM YARD REQUIREMENTS, HEIGHT REQUIREMENTS, ACCESSORY BUILDINGS, SIGNS AND CONDITIONAL USES. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ORDINANCE NO. 30, SERIES OF 1975. Councilman Sovern stated that there are many good provisions in this ordinance and it should be passed now and changes made later. Other Council members agreed to this. Meeting of August 4, 1975 10 Mayor Taylor said he would like to see this item tabled and submitted to the Planning and Zoning Commission. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. Mayor Taylor thanked those who appeared for this public hearing and said that the suggestions they brought forward would be submitted and they would be given consideration. COUNCILMAN BROWN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO HAVE THE CITY COUNCIL RECOMMEND TO THE PLANNING AND ZONING COMMISSION TO CONSIDER CHANGING THE ZONING OF R-2-A TO R-1-C FOR THE AREA BOUNDED BY OXFORD ON THE SOUTH, KENYON ON THE NORTH, THE BROADWAY-LINCOLN ALLEY ON THE WEST, AND THE SHERMAN- GRANT ALLEY ON THE EAST. COUNCILMAN MANN MOVED AND MAYOR TAYLOR SECONDED A MOTION TO TABLE THIS MOTION INDEFINITELY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Mann, Blessing, Taylor. Nays: Council Members Jones, Sovern, Brown, Clayton. Absent: None The Mayor declared the motion defeated. Councilman Mann said that it is not a good idea to single out a specific area because it is not fair to other areas which could be affected. Councilman Clayton stated the citizens of this area came to the Council and expressed themselves and it makes good sense to consider this motion favorably. Upon the call of the roll, the vote on the motion resulted as follows: Ayes: Council Members Jones, Sovern, Blessing, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: None The Mayor declared the motion carried. • • • • • Meeting of August 4, 1975 11 COUNCILMAN CLAYTON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING REPEALING AND REENACTING SECTIONS 22.4-7 AND 22.4-8 ENTITLED "R-3-A AND R-3-B MULTI-FAMILY RESIDENCE DISTRICT" OF THE COMPREHENSIVE ZONING ORDINANCE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing open. Acting Director of Community Development Romans explained the changes proposed for the ordinance affecting R-3-A and R-3-B zoning. In answer to Council question regarding posting of a property when a change of zoning is taking place, City Attorney Berardini said that all properties must be posted notifying residents of the area that changes are pending in the zoning law. In this case, being considered the cost of the signs for posting is going to be very substantial in the area of $4,ooo. The City has 120 days within which to complete the rezoning. In response to Councilman Severn's question relating to page 5, sub-paragraph 2, Mrs. Romans stated that she could not hold great concern for the parking situation, but was more concerned about the density stipulations. COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing closed. Meeting of August 4, 1975 12 INTRODUCED AS A BILL BY COUNCILMAN JONES. BY AUTHORITY ORDINANCE NO. 31, SERIES OF 1975 AN ORDINANCE REPEALING AND REENACTING SECTIONS 22.4-7 AND 22.4-8 ENTITLED "R-3-A AND R-3-B MULTI-FAMILY RESIDENCE DISTRICT", OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) WHEREIN SAID SECTIONS RELATE TO PERMITTED USES, MINIMUM AREA OF LOT, PERMITTED DENSITY BONUS SYSTEM, MINIMUM FLOOR AREA, LOT COVERAGE, OPEN SPACE, LANDSCAPING, UTILITIES, MINIMUM FRONTAGE OF LOT, MAXIMUM HEIGHT OF BUILDINGS, MINIMUM YARD AREAS, PERMITTED ACCESSORY USES AND ENVIRONMENTAL GUIDELINES. (Copied in full in the Official Ordinance Book.) COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE ORDINANCE NO. 31, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Mayor Taylor called a recess at 11:25 P.M. Council reconvened at 11:35 P.M. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Absent: None The Mayor declared a quorum present. • • • • * COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CONSIDER ITEM 5-D RELATING TO A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION ON APPROVAL OF THE WEAVER/ WIEBE REZONING REQUEST. Upon the call of the roll, the vote resulted as follows: Meeting of August 4, 1975 13 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. City Manager Mccown stated that the proper action at this time would be to direct the City Attorney to draw up an ordinance and set a public hearing. COUNCILMAN BLESSING MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE FOR APPROVING REZONING OF THE WEAVER/WIEBE PROPERTY AND HAVE THE STAFF PREPARE A STUDY ON THE REZONING AND SUBMIT IT WITH THE ORDINANCE. City Manager Mccown explained the procedure for passing of ordinances to the audience and stated what information was needed. Councilman Sovern said the following information should be available regarding this rezoning -flood plain maps, utilities maps, street uses, existing land uses, and any other information which may support or not support the change of land use. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING AMENDING SECTION 22.8 ENTITLED "DEFINITIONS", OF THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED). Upon the call of the roll, the vote resulted as follows: Meeting of August 4, 1975 14 Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing open. Acting Director of Conmunity Development Romans explained the ordinance. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing closed. INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AUTHORITY ORDINANCE NO. 32, SERIES ~F 1975 AN ORDINANCE AMENDING SECTION 22.8 ENTITLED "DEFINITIONS", OF THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) BY REVISING AND AMENDING CERTAIN DEFINITIONS CONTAINED IN SAID SECTION AND ADDING NEW DEFINITIONS THERETO. (Copied in full in the Official Ordinance Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 32, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Meeting of August 4, 1975 15 COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE REPEALING ARTICLE I AND II, (CHAPTER 8) TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING" AND "WRECKING". Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing open. Acting Director of Community Development Romans explained the ordinance and the proposed changes. She noted on page 2 and page 11 the insurance minimums relating to death and injury to any one person should read "$100,000". She also stated that for a building of three stories or more that's being moved, a $1 million umbrella insurance policy should be included. She described the changes involved with the performance bond for both mover and the owner. Ernie Ryberg of Ryberg House Movers, was recognized. He stated that all movers already carry a basic policy of $100,000 -$300,000. He asked for a clarification of Section 3-8-4(b), relating to the necessary foundation. He stated that it is impossible to move a masonry house into a location where there is a complete foundation in place. City Manager Mccown and Councilman Jones stated that •necessary foundation-would permit the necessary variance to complete a job. Mr. Ryberg also related instances where there are conflicts between municipal jurisdictions relating to the issuing of permits. One city will require that a permit be issued by another city, and the other city has the same regulation. City Manager Mccown stated that each city should contact other jurisdictions to clear up the problem of coincident permits. Mr. Ryberg related that another problem exists with the State Highway Department which, at present, requires that a permit be issued on the day of moving. The house mover normally likes to work during slack traffic hours, which would mean early in the morning. The State Highway Department does not open until 8:00 o'clock, thus requiring that house moving be done during peak traffic hours. He also commented that Meeting of August 4, 1975 16 movers should have a license bond instead of a performance bond. This would be an all-inclusive bond. Councilman Jones answered by saying that on page 6, in 3-8-7(a), other insurance bonds would include the requirement of a license bond. He also said that the 48-hour requirement imposed in 3-8-lO(b) is not always feasible nor is it safe. Discussion between Mr. Ryberg and Council followed, discussing the various aspects in question in the ordinance. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the public hearing closed. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO TABLE CONSIDERATION OF AN ORDINANCE REPEALING ARTICLE I AND II (CHAPTER 8) TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING" AND "WRECKING", UNTIL THE COUNCIL MEETING OF AUGUST 18, 1975, AND DIRECT THE CITY STAFF TO MAKE THE NECESSARY CHANGES THAT WERE CONSIDERED IN THE MEETING TONIGHT. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Clayton. Nays: Council Members Jones, Taylpr. Absent: None The Mayor declared the motion carried. • • • • • The following communications were received for the record, with no action. Minutes of the Planning and Zoning Commission meeting of June 17, 1975. Minutes of the Police Pension Board meeting of July 2, 1975. Meeting of August 4, 1975 17 Minutes of the Election Board meeting of July 18, 1975. Minutes of the Career Service Board meeting of July 17, 1975. Memorandum from the Director of Public Works to the City Manager concerning West Harvard Avenue. • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO RENEW THE 3.2 BEER LICENSE FOR BOB'S GROCERY, 3296 SOUTH WASHINGTON. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ON REVISIONS IN THE MASTER STREET PLAN AS PROPOSED BY THE PLANNING AND ZONING COMMISSION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN. BY AUTHORITY ORDINANCE NO. 33, SERIES OF 1975 AN ORDINANCE AMENDING SECTION 12(d)(5), CHAPTER 10, TITLE V, OF THE E.M.C., BY EXTENDING THE AMOUNT OF TIME IN WHICH THE CITY MANAGER HAS TO RENDER A WRITTEN DECISION ON AN EMPLOYEE GRIEVANCE TO TEN (10) BUSINESS DAYS. (Copied in full in the Official Ordinance Book.) Meeting of August 4, 1975 18 COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 33, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • City Manager Mccown introduced a Bill for an Ordinance relating to the intergovernmental agreement with the City of Littleton for a fire training facility. City Manager Mccown related the changes which have been negotiated in a meeting with Littleton. 1. Littleton will convey ownership on one-half of the property to Englewood. 2. A special account will be established at the Littleton National Banlc and will be known as the "District, Englewood, Littleton Account", and will be handled by the City of Littleton. 3. A committee will be established with the following representation -2 from Englewood, 2 from Littleton, and one from the Littleton Fire District. INTRODUCED AS A BILL BY COUNCILMAN SOVERN • . A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, THE CITY OF LITTLETON, COLORADO, A MUNICIPAL CORPORATION, AND THE LITTLETON FIRE PROTECTION DISTRICT TO ESTABLISH AND CONSTRUCT A JOINT FIRE TRAINING FACILITY, AND DECLARING AN EMERGENCY. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO AN AGREEMENT FOR THE CONSTRUCTION OF A FIRE TRAINING FACILITY. Councilman Blessing questioned the need for an emergency clause. He felt that there is a question as to the availability of funds for the completion of this project. Meeting of August 4, 1975 19 City Manager Mccown stated that the emergency clause was in the Bill for an Ordinance in order that the project can get going as quickly as possible. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: Council Member Blessing. Absent: None The Mayor declared the motion carried. Because of Councilman Blessing's nay vote, the emergency feature is dropped from the Bill for an Ordinance. • • • • • RESOLUTION NO. 36, SERIES OF 1975 A RESOLUTION AUTHORIZING THE CLOSING ON LABOR DAY OF SOUTH BROADWAY FROM FLOYD TO GIRARD FOR PURPOSES OF A STREET DANCE. (Copied in full in the Official Resolution Book.) COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 36, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • COUNCILMAN CLAYTON MOVED TO TABLE CONSIDERATION OF THE SIX-QUARTER BUDGET TO THE COUNCIL MEETING OF AUGUST 18, 1975. The motion died for the lack of a second. RESOLUTION NO. 37, SERIES OF 1975 A RESOLUTION APPROPRIATING FUNDS IN THE REVENUE SHARING AND PUBLIC IMPROVEMENT FUNDS. (Copied in full in the Official Resolution Book.) Meeting of August 4, 1975 20 COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 37, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: Council Member Jones. Absent: None The Mayor declared the motion carried. I I I I I COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO DEFER CONSIDERATION OF ITEM 1 B RELATING TO A REPORT FROM THE ASSISTANT CITY MANAGER CONCERNING THE DOG COMMITTEE'S RECOMMENDATIONS. Councilman Mann stated that he agrees with the report that has been submitted by this committee. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. I I I I I City Manager Mccown reported on the dangerous sidewalks report submitted by the Director of Public Works. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DEFER CONSIDERATION OF ITEM 1 C RELATING TO A REPORT FROM THE DIRECTOR OF PUBLIC WORKS CONCERNING ADDITIONAL INFORMATION ON HAZARDOUS SIDEWALKS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • Meeting of August 4, 1975 21 Councilman Jones stated that he had talked with Mrs. Rakestraw who had been at the last Council meeting, in regard to the situation that exists on West Harvard in Paving District No. 22. She had asked Councilman Jones if the residents on West Harvard can be given the same consideration as the homeowners on West Vassar. Director of Public Works Waggoner indicated that he would check out the situation that exists at that location. Mayor Taylor stated that the citizens of that area are only interested in getting a retaining wall installed so it would alleviate this situation. • • • • • City Manager Mccown presented the minutes of the special Water and Sewer Board meeting held on July 31, 1975. The meeting was called to discuss the pending lawsuit filed by the Dravo Corporation against Amax concerning the cost overruns on the Meadow Creek Dam. Two reconmendations were made by the Englewood Water and Sewer Board: 1. The City Council hire an outside counsel to determine the extent of the City's liability in the existing agreement with Amax. 2. If the attorney determines that a liability does exist, that we go ahead and proceed with the case with Amax through the court system. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE MINUTES OF THE WATER AND SEWER BOARD SPECIAL MEETING OF JULY 31, 1975. Councilman Mann asked what the procedure is to select a special counsel. Councilman Jones stated that it would be best to consult our own attorney. • • • • • Councilman Clayton asked that the City Attorney draw up a resolution deleting the position of Director of Connnunity Development in the City organization, and assign the duties to other departments within the City. A discussion followed between Councilman Clayton and Councilman Blessing regarding the responsibility for making this type of decision. Councilman Brown asked if this position would fall under the current moratorium for hiring. City Manager Mccown said that while the moratorium exists, exceptions have been made and each vacancy is reviewed on its individual merit. Meeting of August 4, 1975 22 Councilman Clayton stated that if this position is to be deleted, the time to do so is now when it is vacant. Councilman Sovern stated that a decision such as this should be made at a time other than at one o'clock in the morning when more time can be spent. A decision such as this should be made with a background of good sound reasoning. • • • • • COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A PROCLAMATION DECLARING SEPTEMBER 8, 1975 AS NATIONAL CANCER DAY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried. • • • • • COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Brown, Clayton, Taylor. Nays: None Absent: None The Mayor declared the motion carried and the meeting was adjourned at 1:15 A.M.