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HomeMy WebLinkAbout1974-04-15 (Regular) Meeting MinutesREGULAR MEETING : COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 15, 1974 The City Counc il of the City of Englewood, Arapahoe County , Colo rad o , met in regular session on April 15, 1974, at 8 :00 P .M. Mayor Henning , presiding, called the meeting to order. The invoc ation was given by Reverend Rubin R. Widmer of the Seventh Day Adventist Church. The Pledge of Allegiance was l ed by Cub Scout Pack No . 58. The Mayor asked for roll call. Upon the call of the roll, th e following were p resent: Council Mem bers Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning . Absen t : None The Mayo r declared a quorum present. Also prese nt were: City Manager Dial City Attorney Berardini Assistant City Manager Mccown Administrative Assistant Mendelson Director of Finance Nollenberger Director of Community Development Supinger * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE MIN UTES OF THE REGULAR MEETING OF APRIL 1, 1974, AS AMENDED ON PAGE 4, AND ON PAGE 16. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning . Nays: Non e Ab stain : Council Member Dhority. The Mayor declared the motion carried. * * * * * I I I I Meeting of April 15, 1974 119 2 Mayor Hen ning recognized the following persons from the list of Special Citi zen Program Invitees. Mr . and Mrs. Clay Dunn, 3587 So. Bannock Street, Precinct No . 4 . Mrs . Edwa rd J. Kebba, 4660 S outh Mariposa Drive, Precinct No . 14 . Mr . and Mrs. Kenneth Engelhardt, 3230 South Grant Street, Precinct No . 8 . Mr. and Mrs. Lyle F. Eshe, 4929 South Inca Drive, Precinct No . 14 . Mr . Joseph P . Tweed, 230 East Bellewood Dr., Precinct No. 16. Mr . and Mrs. John Schambow, 4565 So. Irving, Precinct No. 13. Mr. Scham bow stated that he would like to present a problem of storm drainage adjacent to his street and home. It has caused material damage to his home in the past few years and he would rather have higher taxes in order to alleviate the problem. City Manager Dial stated that the p roblem would be relieved when storm drainage in that area was bid. ·* * * * *' Mr. Loren Shepherd of the firm of Van Schooneveld, Shepherd and Company, appeared before Coun c il, relating to the Auditor's report on the 1973 Financ ial Report. Mr. Sheph erd continued the discussion which had begun earlier with Council in th eir study session previous to the Council meeting. He pointed out a number of areas in which adjustments to the accounting system should be made. He also pointed out that two extremely fine areas were in the investment of funds and the conversion to data processing . Councilma n Dhority stated that he was concerned that more ca re in the trust and agency funds be given to the checking on whether interest income was being received. Directo r o f Finance Nollenberger made a presentation of the annual financial report to Council. He requested that the Council additionally pass a policy for the investment of funds, securing of deposits , and dist ribution of interest income. Mayor Henning requested that the City Attorney draw up an ordinance relative t o the investment of funds. Meeting of Apri l 15 , 1974 J Councilman Dhority commended the Director of Finance for the fine re co rd in the investment of monies of the City. * * * * * Mr . Barry Coleman of the Englewood Merchants Association appeared before Council to offer suggestions to the Council for improvement to downtown Englewood. Mr . Col eman stated that the future was looking up for the downtown merchants . However, they did need adequate parking in the a rea. The Pub lic Se rvice Company is currently selling some land which had been rented by the merchants for parking. He suggested also that Little Dry Creek be boxed in and parking lots put on top of it. I He also reque sted that the old Police/Fire Building be torn down for the 75 parking sp aces it would make available. He felt that parking would help the City to grow. He called for a multi-family development east o f Logan with requirements of increased floor area and landscaping ove r the current developments. He went into various other aspects of the Core Area changes and made recommendations to Council. Mayor Henning inquired as to whether Mr. Coleman was acting for th e Merchants Association or just for the Chamber of Commerce Committee . Mr. Coleman responded that he was acting only in the name of the Chamber of Commerce Committee. Mayor Henning inquired whether Mr. Coleman was asking for the City to pay for employee parking. Mr. Coleman replied in the affirmative , and stated that it could also be done through improvement districts. Mayor Henning inquired of Mr. Coleman whether he would rate parking on a highe r priority than open space. Mr. Coleman stated that he fel t the City must be reali$tic and that parking was necessary. Councilman Sovern stated that he interpreted Mr. Coleman's request to the Ci ty as a creation of a parking district and not an out right payment by the City. Mr. Coleman replied in the affirmative, to the effect that that was his intention. City Attorney Berardini gave discussion of an outline of spec ia l impr o vement districts and how they are formed. * * * * * Mr. Harry Carlene, Attorney, appeared before Council to reque st a li quor lic ense for Arap's Restaurant and Lounge, J866 So. Broadway . Mr. Carlene requested that the setting of a date for a publ i c hearing be done by Council. He felt that May 20th would be the most logical date. I I Meeting of April 15, 191J.21 4 COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO SET A PUBLIC HEARING ON THE ISSUANCE OF A NEW LIQUOR LICENSE FOR ARAP'S RESTAURANT, 3866 SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Cliff Anderson, of the firm of Merrick and Company, appea red before Council to discuss the bids for construction of tennis and handball courts. Mr. Anderson stated that he did not have good news for the City Council , in that they had had only one bidder in the total amount of $209 ,150 for the eight tennis courts and four handball courts. The engineer's estimate was $144,642. The bids were excessive and should not be accepted. He felt that the alternates were at this time to either re-bid with allowing some sub-contractors to bid, accept a portion of the bids and negotiate with Harrison-Western, or to negotiate with other contractors. His recommendation was not to accept this bid and negotiate with others. City Manag er Dial stated that we could negotiate with Mr. Keeson, who also su bmitted bids for tennis courts under the Floyd Park bid . COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO REJECT SCHED ULES 1-4 ON THE TENNIS COURT BID AND TO NEGO- TIATE WITH HARRISON -WESTERN AND KEESON COMPANY ON THE CONSTRUCTION OF THE TENNIS COURTS AND TO ACCEPT SCHEDULE 5 OF THE BID. Upon the call of the roll, th e vote resulted as follows: Ayes : Counc il Members Dhority, Sovern, Mann, Blessing, Brown, Anderson , Henn ing. Nays : None Absent: Non e The Mayor declared the motion carried. * * * * * Meetin2 o f April 15 , 1 974 5 Mr. Rick Ban k h e a d of Keeson and Bankhead, Consult a nts, appeared before Counc i l to discus s t he bids for construction of Floyd Pa r k . Mr . Bankh ea d st ated that he had happy news for the City Council . He recapp ed t he bids to Council with the lowest bid being $209 ,953, compa r ed to an engineer's estimate of $194,672. Councilman Br o wn s t at ed that he was very pleased with these bids . Councilman So v e r n inquired as to the timing necessary to move the power lines , as i nd icated on the memorandum, if it was so desired . Mr . Bankh ead st ated that it could be done either now or in the future . Mayor Henning stated that she felt we should explore the power line burial . COUNCILMAN BR OWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE AWARD OF BID TO KEESON AND COMPANY FOR $209,953. Upon the call of the ro l l, t he vote resulted as follows: Ayes : Coun ci l Members Dhority, Sovern, Mann, Blessing, Brown , Anderson , Hennin g. Nays : None Absent : None The Mayor declared the motion ca rr ied . Council . YMCA had p r oblems * * * * * Mr . David Hay es, 4 5 5 2 So. Logan Street, appeared before Mr . Hayes s t a t ed that the Boy Scouts, Girl Scouts, and been prevent ed from selling after 5:00 P.M. due to the involved in the direct selling license area. Director o f F inance Nollenberger stated that an 8-5 selling time had been administ r at ively set by his office. A general dis cus s ion of the merits of the longer hours and direct selling licens e s en s ued. Council cons e n sus was that the hours should be extended from 8 -7 and that the Co u n c il should re-examine the direct selling license for its r elat ionship to charitable organizations. * * * * * I I Meeting of April 15, 1974 6 COUNCILMAN DHORITY MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE I-·l ZONE DISTRICT AS AMENDED. Upon the call of the roll, the vote re&ulted as follows: Ayes: Counc il Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning . Nays: None Absent: Non e The Mayor declared the motion carried and the public hearing open. (A tape of this and subsequent public hearings are maintained on file in the office of the City Clerk.) Director of Community Development Supinger appeared before Council . He present ed the City Clerk with the Publisher's Affidavit on the re-zoning. He stated that most of the changes in the I-1 were housekeeping ones . The only one with a material difference was the requirement for screen ing off of industrial zones from residential zones. He stated that the screening would take up less space in the setbacks and look better . Screening in the ordinance required concrete wall screening . A general discussion of the screening ensued. Mayor Henning inquired as to any persons in favor of the adoption of the I-1 zone district as amended. No persons appeared. Mayor Henning inquired as to any persons opposed to the adoption of the I-1 zone district as amended. Mr. Rex Garrett appeared before Council. He stated that he represented the Cham ber of Commerce Industrial Committee, and that he would like to speak against the screening. A six-foot masonry fence as required by the ordinance is an expensive waste of funds and would look like a Great Wall of China. He felt that a cedar wood fence would look much bette r and be easier to maintain. Mayor Henning inqui red of Mr. Garrett whether he would like his remarks applied to all three public hearings, since the screening matter was involved in all three of the I-1, I-2, and I-3 zones. Mr. Garrett replied in the affirmative • . Councilman Dhority inquired as to why concrete was deemed necessary for this fence, since wood fences could be forced to be maintained. Directo r of Commu nity Development Supinger stated that the Department's experience has been that masonry would withstand the rigors of time much better than wood. eeting o r April 15 , 19 74 7 Councilm an Anderson stated that he had seen some very unsightly wood fe nc es, but he had also seen some bad concrete ones. He quest i on ed how anybody would be able to maintain the back side of a con c re te fen c e. Di rector of Community Development Supinger stated that the residen tial side would have to take care of the side facing h im. Mr . James Chandler, 3256 So. Steele, appeared before Council. He stated that the concrete fence idea really disturbed him and that it was hard to keep concrete block fence in repair. Councilman Anderson inquired as to what other alternatives ere available . Mr . Chandler stated that rough cedar was much easier to obt ain and easier to maintain. Coun ci l man Dhority stated that there was no testimony in re lation to the wood fence at the Planning and Zoning Commission, and that they had not had a chance to rule on it. Mr . Myrick stated that there was no aesthetic value to a conc rete wall in any manner. r. Garrett replied that a majority of the industrialists in Eng lewoo d objecte d to the concrete wall, and that they had missed the Planning and Zo ning Commission hearing by mist~ke. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, He nning. Nays : No ne Absent: None The Mayo r declared the motion carried. COUNCILMAN DHORITY MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER THE ADOPTION OF I-2 ZONE DISTRICT AS AMENDED . Upon the call or the roll, the vote resulted as follows: Ayes: Counc il Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays : None Absent: None The Mayor declared the motion carried and the public hearing open. I I I I Meeting of April 15, 1974 ·125 8 Dir ecto r o f Community Development Supinger presented a Publisher's Af fida vit of the notice of public hearing to the City Cl er k . He st a ted t hat the only substantial changes in the I-2 zone as am e nd e d we re th e screening and regulation from hazardous materials for Fi r e Code . Mayo r Henn i ng s ta ted that s he would allow all comments previou s ly made on th e screening to apply to this public hearing also. Ma yor Henn i n g inquired whether any persons were in favor of the adoption of the I-2 zone district as amended. No persons appeared. Mayo r He nn i n g inquired whether any persons were opposed to the adoption of the I-2 zone district as amended. No persons appeared. Councilman Anderson inquired whether screening provisions were nec e ssary in an I-2 zone since it was not supposed to be next to a r esid e ntial zone . Director of Community Development Supinger stated that even though it was n o t intended to be adjacent to a residential zone , it could happ en. Councilm a n Mann inquired whether a ruling should be made on the fi r st two ordinances now. Mayor Henning stated that screening applied to a ll th ree sections. COUNCILMAN BLESSING MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO CLOSE TH E PUBLIC HEARING. Upon the call of the roll, the vote re s ulted as fo llows: Ay e s : Cou ncil Members Dhority, Sovern, Mann, Blessing, Brown , Ande r son , Henning. Nays : None Abse nt : None The Mayor d e clar e d the motion carried. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PU BL IC HEARING TO CONSIDER THE ADOPTION OF THE PRO- POSED I -3 ZONE DIST RI CT . Upon the call of the roll, the vote resulted as follows : Ayes : Cou ncil Members Dhority, Sovern, Mann, Blessing, Br own , And er son, He nning. Na y s : Non e Abs ent : None The Mayo r d e cl ar ed the mo t ion carried and the public hearing open. Meeting of April 15 , 1974 9 Director of Community Development Supinger presented a Publisher 's Affidavit to the City Clerk on the publication of the public hearing. He stated that the I-J was a new district which allows all I-2 uses , plus junk yards, car wrecking yards, quarries, sand pits, etc. Mayo r Henni ng inquired as to any persons in favor of the I-J zone district . No persons appeared. Mayor Henni ng inquired as to any persons opposed to the I-J zone district . Mr . William Myrick appeared before Council. He stated th at his client had received an excellent hearing bef o re the Planning and Zoning Commission. The present I-2 zoning in the County in the newly annexed area was more inclusive than what was being allowed in the Ci ty 's I-2 zoning. For this reason, the new I-J zoning was restricting the property's use and he had to object to that. He had no objection to the outside screening, but hardly found it necessary when there were few residences around the area. He felt there was no need to screen one business from another. No other persons appeared before Council. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A OTION TO CLOSE THE PUBLIC HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Dhority, Sovern, Mann, Blessing, Brown , Anderson, Henning. Nays: None Absent: Non e The Mayor declared the motion carried. Councilman Dhority stated that he would like to see these ordinances go back to the Planning and Zoning Commission since they did not get any input into the screening issue. Councilman Blessing stated that he was in agreement. ayor Henning stated that time was of the essence, and that we could substitute some into the ordinance without going back through the publi c hearings . Councilman Brown stat ed that the I-1 uses in the I-J zone were specifically looked at by Planning and Zoning Commission and decided against. Councilman Sovern inquired as to how the City would force fence repairs if it was a wooden fence. Director of Community Development Supinger stated that there is some difficulty in enforce- I I I I Meeting of April 15, 1974 10 ment . The building inspectors must cite the property owner and give him time to comply . If compliance was not accomplish~d, the individual could be cited into court. Many times the persons complaining get impatient on the slown ess of the enforcement of the ordinance. Applying the screening provision has been extremely difficult in the past . Councilman Anderson inquired as to whether the Council could substitute a solid fence rather than a concrete fence without going back to the Planning and Zoning Commission. City Attorney Berardini replied in the affirmative. Councilman Mann stated that he felt that it should go back to the Planning and Zoning Commission for reconsideration. Mayor Henning stated that she strongly urged against it, that zoning should be done as rapidly as possible. INTRODUCED AS A BILL BY COUNCILMAN BROWN. BY AUTHORITY ORDINANCE NO. ~ , SERIES OF 1974 AN ORDINANCE REPEALING AND REENACTING SECTION 22.4-13 ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT" OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINA NCE NO. 26, SERIES 1963, AS AMENDED) WHEREIN SAID SECTION RELATES TO PERMITTED PRINCIPAL USES, MINIMUM YARD AREAS, LIMITATIONS ON EXTERN AL EFFECTS OF USES, OUTDOOR STORAGE AND WASTE DISPOSAL AND SCREENING . (Copied in full in the Official Ordinance Book.) COUNCILMAN BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE ORDINANCE NO. 12, SERIES OF 1974. COUNCILMAN DHORITY MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO AMEND ORD INANCE NO. 12 BY ADDING THE WORD "WOOD" TO BE INCLUDED AS A TYPE OF FENCE POSSIBLE FOR SCREENING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern,. Mann, Blessing, Brown , Anderson, Henning. Nays: Non e Absent: None Upon the call of the roll, the vote on Ordinance No. 12 as amended resulted as follows: 128 Meeting of Apri l 15 , 1974 11 Ayes : Cou ncil Members Dhority, Sovern, Mann, Blessing, Brown , Anderson , Henning. Nay s : No ne Absent : No ne T h e Mayo r declared t he mo t ion carried. Direct o r o f Commu n ity Development Supinger inquir e d as to what type of wood Council was indicating, whether it would have to be a solid wood fen ce or whe t her it c o uld be a see-through type of fence. May o r Henning requeste d that some alternate drawings be presented to Cou n c il f o r their int er p retation at t he next meeting. Co un c i l man Ma nn l eft the room at 11:25 P.M. IN T RODUCED AS A BILL BY CO UNCILMAN DHORITY. BY AUTHORITY ORDINANCE NO. !1 1 SERIES OF 1974 AN ORDINANCE REPEAL ING AND REENACTING SECTION 22.4-14 ENTITLED "I-2 GENER AL INDUSTRIAL DISTRICT" OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONIN G ORD I NANCE (ORDINANCE NO. 26, SERIES 1963, AS AMENDED) WHEREIN SAID SE CTION RELAT ES TO PREMITTED PRINCIPAL USES, LIMITATIONS ON EXTERNAL EF FECTS OF USES, AND SCREENING. (Copied in full i n t h e Official Ordinance Book.) COUNCILMA N DHORITY MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 13. COUNCILM AN DHORITY MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AM.END OR DINANCE NO. 13 TO ADD THE WORD "WOOD" TO FENCES ALLOWA BLE FOR SCREE NING. Upon the call of the roll, the vote resulted as follows : Ayes : Co un c il Members Dhority, Sovern, Blessing, Brown, Ande r son , Henning . Nay s : No ne Ab sent : Council Member Mann. The Mayo r de clare d the motion carried. Upon the c all of the roll, the vote on Ordinance No. 13 as am e nded r esulted as follows: I I 'I I Meeli ng o f April 15, 1974 12 Ayes: Co uncil Members Dhority, Sovern, Blessing, Brown, Anderson, Henning. Nays: None Absent: Council Member Mann. The Mayor declared the motion carried. Councilman Mann returned to the meeting at 11:35 P.M. Councilman Sovern inquired whether the ordinance requires fences to be erected between auto salvage yards. City Manager Dial stated that auto salvage dealers must have a license that requires a fence around their perimeter. That requirement is under a separate ordinance , not related to this particular provision. Councilman Anderson stated that two fences being built side by side c o uld be considered a duplication and be overruled by the Board o f Adju s tment and Appeals. Councilman Sovern stated that he was leary about passing this ordinance without discussing it further at a staff session. Councilman Dhority inquired whether that would create a delay in the zoning . Mayor Henning replied in the affirmative. Councilman Sove rn stated that he still felt it should be looked at further and that the Council needed to have a fuller under- standing of it. COUNCILMAN ANDERSON MOVED AND COUNCILMAN BLESSING SECONDED INTRODUCED AS A BILL BY COUNCILMAN ANDERSON. BY AUTHORITY ORDINANCE NO. 14 , SERIES OF 1974 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES 1963 , AS AMENDED) CREATING A NEW INDUSTRIAL DISTRICT TO BE ENTITLED "I-J HEAVY INDUSTRIAL DISTRICT" WHEREIN SAID NEW INDUSTRIAL DISTRICT IS DEFINED AND ESTABLISHING PERMITTED PRINCIPAL USED, PROVIDES FOR MINIMUM YARDS, ACCESSORY BUILDINGS AND PERMITTED ACCESSORY USES , AND PROVIDES FOR SCREENING OR FENCING OF SAID ZONE DISTRICT. COUNCILMA N ANDERSON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE ORDINANCE NO. 14, SERIES OF 1974. COUNCILMAN BLESSING MOVED AND COUNCILMAN DHORITY SECONDED A MOTION TO AMEND ORDIN ANCE NO. 14 TO ADD THE WORD "WOOD" TO FENCES ALLOWABLE FOR SCREENING. Upon the call of the roll, the vote resulted as follows: Meeting o f April 15 , 1974 13 Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE THE ORDINANCE. Upon the call of the roll, the vote resu lted as f ollo ws: Ayes: Council Members Sovern, Mann. Nays: Council Members Dhority, Blessing, Brown, Anderson, Henning . Absent: None The Mayor declared the motion defeated. Upon the call of the roll, the vote on Ordinance No. 14 as amended resulted as follows: Ayes: Council Members Dhority, Sovern, Blessing, Brown, Anderson, Henning . Nays: Council Member Mann. Absent: None The Mayor declared the ordinance passed. * * * * * Mayor Henning called a recess at 11:50 P.M. The mee ti ng was reconvened at 12:05 A.M. Upon the call of the roll, the following were present: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Absent: None * * * * * Mayor Henning stated that the City needed a member on the Arapahoe County Social Services Advisory Board. Councilman Mann stated that he would like to serve. I I I !I Meeting of April 15, 1974 14 COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPOINT COUNCILMAN MANN TO THE ARAPAHOE COUNTY SOCIAL SERVICES ADVISORY BOARD. Upon the call of the roll, the vote resulted as follows : Ayes : Counc il Member Dhority, Sovern, Blessing, Brown, Anderson, Henning . Nays: None Absent: None Abstain: Council Member Mann. The Mayor declared the motion carried. * * * * * Councilman Sovern stated that the results of the attitudinal study relating to the City Center Redevelopment Plan and other City services were extremely interesting and would be further discussed by City Council . * * * * * Mayor Henning stated that April 29th the Council should probably have a study session previous to the 8:00 P.M. Council meeting. * * * * * The following communications were received for the record: Minutes of the Election Commission meeting of April 4, 1974. Minutes of the Library Board meeting of April 9, 1974. Financial Report for the month of March, 1974. Memorandum from the Director of Public Works concerning the proposed time schedule for the Sidewalk District No. 74. Memorandum from the Directo r of Public Works regarding the Annual City Clean-up Program. Annual Report from Mr. Merel O. Woods, City Forester- Horticul turist, on the activities for the year 1973. Memorandum from the Administrative Intern analyzing and reviewing the Senior Surrey Program. Transmittal of the Annual Report for 1973. * * * * * Meeting o f April 15 , 1 9 74 15 Council be gan consideration of a Resolution making certain findings and determ i n ation s relating to annexation procedure of approximat e ly 183 ac res in the area of Santa Fe and Union Streets. City Attor ney Berardini stated that this resolution was set I up to mak e fin d ing s of t he facts on the annexation matter as requested by the Cou r t . Councilm an Mann inquired whether the new council members could vot e on thi s. Mr. Berardini stated that since they had examined the transc r ipt of t he pu b li c hearing and had discussed it in staff session , h e felt it wo uld be legitimate for them to vote. RESOLUTION NO. 10 , SERIES OF 1974 A RESOLUTION MAKIN G CERTAIN FINDINGS AND DETERMINATIONS RELATING TO ANNEXATION PROCEDUR E AFTER REQUIRED HEARING. (Copi ed in full in the Official Resolution Book.) COUNCILM AN ANDERSON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RE S OL UTION NO. 10, SERIES OF 1974. Upon the call of the roll , the vote resu lt ed as follows: Ayes: Council Mem bers Dho rity, Sovern, Mann, Blessing, Brown , Anderson, Hennin g. Nays : None Absent: None The Mayor declared the mot i on carried. * * * * * Councilman Dhor i t y a sked t o be recognized. He stated that after due deliberation , he h a d decided to resign from the City Council, effective the 16th of Ap r il . He st ated that he had had six years on the City Council , but that his busines s had taken a much busier turn and demand e d more t ime. He stated that the recall petitions were not his reason fo r resigni ng. He had enjoyed working with t he Council and felt that progress was being made even though it seems unlikely at times . Mayor Henning s t ated that she was extremely regretful that Councilman Dhority took t his action, but it was indicative of the time and effort necessar y t o be a Ci t y Councilman. Councilman Bl essing commended Mr. Dhority for his service to the City . I I I Meeting of April 15, 1974 16 Councilman Brown stated that he enjoyed serving with Mr. Dhority and appreciat e d his work and dedication. City Manag er Dial stated that Mr. Dhority was one of the more co n sc ie ntious members of the City Council in his tenure and that his ins ig hts f r om th e point of view of the business man were appre ci a t ed. COUNCILMA N SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ACCEPT WITH REGRETS MR. DHORITY'S RESLGNATION AT THE TERMINATION OF THE MEETING. Upon the call of the roll, the vote r esulted a s follows : Ayes : Counc i l Members Sovern, Mann, Blessing, Brown, And e rson , He nning . Na ys : No ne Absent : Non e Abstain : Council Member Dhority. The Mayo r declared th e motion carried. Councilman Dho rity left the room at 12:15 A.M. * * * * * Councilman S overn s tated that the idea of the deferred assessments should b e re-in t roduced before Council at this time due to the i mpe nd i ng si dewa l k district as noted on the memorandum enclosed in the Council pa cke t . He requested the City Attorney that this information be t r ans mi t ted to Co uncil in the near future. * * * * * Councilman Anderson stated that the response to the Senior Surrey app e a r ed to b e very good and hoped that its success would continue . * * * * * Council r ec eived a request for transfer of ownership for Hungate 's Restaura n t and Lounge, 2796 South Broadway. City Atto r n ey Berardini stated that it was a normal type of matter . Mr. Jim Le to urnea appeared before Council. He stated that he was th e r ealto r in the transaction for Mr. James Foreman and Larry Zimme r man . Meeting of April 15 , 1974 17 Mayor Henning inquired whether the two individuals were familiar with the liquor laws. They replied in the affirmative. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A I MOTION TO APPROVE THE TRANSFER OF OWNERSHIP TO MR. JAMES FOREMAN AND , MR . LARRY ZIMMERMAN FOR THE L & J MAN'S, INC., FORMERLY HUNGATES RESTAURANT . Upon the call of the r?ll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson , Henning. Nays: None Absent: None The Mayor declared the motion carried . * * * * * Council received a memorandum from the Director of Utilities concerning the City Ditch Crossing Agreement with the Denver Water Board. City Manage r Dial stat ed that it ran very close to the Armstrong development . COUNCILMAN BLESSING MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT WITH THE DENVER WATER BOARD FOR THE CITY DITCH CROSSING. Upon the call of the roll, the vote resulted as follows: Ayes : Council Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays: None Absent: None The Mayo r declared the motion carried. * * * * * Council recei ved a recommendation from the Director of Finance and the Directo r of Parks and Recreation to award a contract for $9,258 to Mountain Meadows Nursery for the purchase of trees for the Spring Tree Planting Program. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AWAR D A BID TO MOUNTAIN MEADOWS NURSERY FOR PURCHASE OF TREES IN THE AMOUNT OF $9,258. Upon the call of the roll, the vote resulted as follows : I II I Meeting of April 15, 1974 18 Ayes: Counci l Members Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council began consideration of an ordinance on final reading. Councilman Mann stated that he had voted no on the original ordinance and that he still could not seem to get a clarification. He felt that this was treating a bicycle as a vehicle and there was a need to license them accordingly. Councilman Anderson stated that he had had some misgivings on his previous vote, and questioned whether it would be illegal to pass a bicycle on a roadway. City Attorney Berardini stated that it apparently would be. There was some general discussion on the ordinance. COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE THE ORDINANCE ON FINAL READING. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE THE ORDINANCE UNTIL THE MAY 6th MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Henning. Nays: Council Members Blessing, Brown, Anderson. Absent: None The Mayor declared the motion not carried. The vote was then on the original motion. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Blessing, Brown. Nays: Council Members Sovern, Mann, Anderson, Henning. Absen t : None The Mayor declared the motion not carried. Mee t ing of April 15 , 1974 19 City At torne y Berardini stated that he would give some additional information on this problem in the future. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINA NCE NO. 16 , SERIES OF 1974 AN ORDINANCE VACATIN G A PORTION OF WEST NASSAU AVENUE, LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF SOUTH KALAMATH STREET, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE ORDINANCE NO. 16, SERIES OF 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson , Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council received a resolution relating to the availability of sewer services. City Attorney Berardini stated that this was a policy matter wherein subdivid ers outside the City would be required to ask the planning agency for the area they are in first for approval of their density . Councilman Blessing requested additional information. I Councilman Sovern stated that the Denver Water Board had I been accused of planning for areas outside the City and County of Denver. This puts a planning and density requirement on the additional land which would be served sewage by the City. He felt that some developers use our ability to serve him as backup for their zoning density requirements with their own districts. RESOLUTION NO. ,!l 1 SERIES OF 1974 A RESOLUTION RELATING TO THE AVAILABILITY OF SEWER SERVICES OUTSIDE THE CORPORATE LIMITE OF THE CITY OF ENGLEWOOD. (Copied in full in the Official Resolution Book.) I I Meeting of April 15, 1974 20 COUNCILMAN S OVERN MOVED AN D COUNCILMAN ANDERSON SECONDED A MOTION TO APPRO VE RESO LUT ION NO. 11, SERIES OF 1974. Upon the call of the roll , the vot e re s ul t ed as follows: Ayes : Counc i l Members S overn, Mann, Blessing, Brown, Anderson , Henning . Nays : None Absent : No n e The Mayor declared the mo t ion carried. * * * * * City Atto r n ey Berardini stated that the Atchison Ranch case had been a r gued in court and it was orally determined that the decision would be in f avor o f the City. He stated that he was sure there would be an appeal by the o t her lawyers in the case. * * * * * City Attorne y Berardini s tat ed that the Weist case on special assessments had also been won in the Supreme Court. * * * * * City Atto r n ey Berardini stated that Earl Becker had filed suit against the City for a demotion allegedly after his probationary period . COUNCILMAN ANDERSON MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO RESPOND TO A SUIT BY MR. BECKER . Upon the ca l l o f the roll, the vote resulted as follows: Ayes : Coun c il Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays : Non e Absent : No ne The Mayor declar ed the mo t ion carried. * * * * * City Atto rney Berardini stated that a number of questions had be e n ma de on th e recall petitions and that he had answered them on a memo r andum encl osed to the Director of Finance with copies to the Cou n c i l . * * * * * Meeting of April 15 , 1974 21 Council began discussion of the use of the old Police/Fire Building on West Gi rard. City Manager Dial stat ed that additional parking was I desired in the area . Mr. Mausolf would like to use the building for rent, and the Civil Air Patrol would also like to use it for their . purposes . A repair estimate was $22,000 in 197J, which would be . higher by this time . Councilman Anderson inquired whether the two sections of the building could be severed. City Manager Dial replied in the affirmative . Councilman Mann stated that he could not see using a public building for private use , and he felt that the service clubs could be appealed to to help cle an it up for use as a meeting facility. City Manage r Dial stated that they could give a tour to the service clubs and the City Council to see its potential. * * * * * Council rece ived a recommendation that the Mayor be authorized to sign an agreement with the State Highway Department authorizing a street cut on U. S. 285 and Pennsylvania Street necessary for installation of the East Jefferson Avenue Basin Storm Sewer Project. City Manager Dial stated that it was a standard form. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH THE STATE HIGHWAY DEPARTMENT FOR CROSSING OF U. S. 285. Upon the call of the roll, the vote resulted as follows: Ayes : Council Members Sovern, Mann, Blessing, Brown, Anderson , Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Dial stated that City Hall would be open until 8:00 P.M. on Monday evenings starting April 22nd. * * * * * I I I Meeting of April 15, 1974 22 City Manager Dial stated that the City had the availability of a tennis court grant from the State government, but that the school would have to be th e recipient of the grant since they own the ground. He stated that this would save the City $30,000 construction costs. * * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried and the meeting was adjourned at 1 :30 A.M. ex officio Clerk of the Council