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HomeMy WebLinkAbout1974-05-20 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MAY 20, 1974 REGULAR MEETING : The City Council of the City of Englewood, Arapahoe County , Colorado, met in regular session on May 20, 1974, at 8 :00 P.M. Mayor Henning , presiding, called the meeting to order. The invocation was given by Howard Brown. The Pledge of Allegiance was led by Mayor Pro-tem Paul Blessing. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Mem bers Sovern, Mann, Blessing, Brown, Anderson, Henning . Absent: Non e The Mayor declared a quorum present. Also present were: City Manager Dial City Attorney Berardini Assistant City Manager Mccown Director of Public Works Waggoner Administrative Assistant Mendelson Director of Finance Nollenberger Director of Community Development Supinger Fire Chief Hamilton * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 6, 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. * * * * * I I I I Meeting of May 20, 1974 2 Mayor Henn ing stated that the Council would continue with the discussion by Mr. Tom Young of the firm of Sellards and Grigg, Inc ., on a change in the contract for the construction for the South Drainage Storm Sewer Project. The discussion had been initiated at the study session prio r to the Council meeting earlier in the evening. Mr . Young reviewed the methane gas situation in the South Storm Sewer Project . He stated that the methane was being produced by the sanitary land fill immediately to the north of Oxford Drive, and it has invaded the pipes in the storm drainage project by creeping under the road and into the pipes. He stated that the gas was very dangerous and must be vented in order to eliminate the hazard . City Manage r Dial stated that he felt the best effort was to proceed with the rec omm ended expenditures as the enclosed memor- andum stated . Councilman Anderson inquired whether venting north of Oxford would take care of the situation. Mr. Young stated that the venting p r ocess could go on there for a lesser cost, but that it had some major drawbacks. Councilman Blessing stated that it sounded to him like Council was being asked to make some legal and engineering decisions which he was not yet ready to make. Mr. Young stated that the proposal was the best engineering solution that the firm of Sellards and Grigg has for the problem at this time. A general discussion of the situation incurred. Mayor Henni ng inquired whether the Council could hold off in an attempt to get venting input at the sanitary land fill site. Mr . Young stated that the proposal from the contractor was good only through this evening , but that the firm could spend a couple of weeks exploring other alte rnatives if the time were available. Mayor Henning inquired as to the Council's pleasure. Councilman Brown stated that he felt that the City should go ahead with the investigating of the venting procedure, but that immediate action shou ld occur in order to get this problem solved. Councilman Anderson stated that he felt it was worth it to investigate $20,000 of venting vs. $70,000 inclusive in the proposal. Councilman Mann stated that he would prefer to get the problem settled , and to proceed with the Sellards and Grigg proposal. Mayor Henning stated that the consensus appeared to be an investigation into the venting proposal during the next two weeks. She instructed the City Manager to follow up on this ,alternative. * * * * * Meeting of May 2 0 , 1974 J Mayor Henning recognized the following persons from the list of Special Citiz en Program Invitees. Mr . and Mrs . Frank R. De Hoff, Jl60 South Delaware Street, Precinct No. 2 . Mr. and Mrs . James P. Moore, 255 East Eastman, Precinct No . 3 . Mr . and Mrs . Ronnie C. Skrivan, 3070 So. Cornell Circle, Precinct No . 6 . Mr . Francis J. Montague, 3530 South Corona Street, Precinct No . 8. Mr. Robert C. Lindsay, 4324 South Logan Street, Precinct No . 11 . Mr . and Mrs . Emanuel Roth, 4521 South Kalamath Street, Precinct No. 12. Mr . and Mrs . John A. England, 4820 South Lipan Street, Precinct No . 15. * * * * * Mr . A. Weinstein, representative from the Larwin Multi- housing Corporation , was present to discuss the development at the KLZ site. City Manage r Dial stated that there were two direct questions which related to the City Council. He stated that originally the site was set up on a nine -phase pl an. The tennis and handball courts have not yet gone in, in phase 2 and J, but when they are it is Larwin's contention that they would not necessarily be allowed for usage by the phase 1 and phase 4 residents. This is contrary to the original commitment on the part of Larwin. Additionally, the planting along the concrete wall on the east side of the property is in question at this time . Mr. Weinstein stated that the center portion, phases 2 and I J, were not to be developed by Larwin themselves, but rather had been sold o ff at this time . He did not feel that Larwin could commit I themselves to the use of the tennis and handball courts by all residents, since it was not something which they could control. He stated that in relation to the landscaping, it was purely a matter of timing . The phase 4 was now currently being completed and the landscaping along 25% of the concrete wall would be completed with that phase . However , he did not feel that it was necessary to do the other J/4 of the landscaping along that wall at this time until those phases were develop ed. I :1 Meeting of May 20, 1974 4 Mayo r Henning inquired whether a new developer would have to mee t t he condit ions of the waiver issued by the Planning and Zon i n g Co mmi s si on if he were to construct the other phases at a late r da te . City Attorney Berardini replied in the affirmative, bu t st a t ed that th e question was one of timing in the fact that the p h ase s 1 and 4 res idents would be utilizing Floyd Park greatly, r ath er t h a n hav i ng a tennis and handball court facility available in phase 2 a nd J . Councilma n Brown stated that in his opinion the screening is som e th ing whi c h must go in at the present time. He also felt that the r ec r eatio n a l facets were something which had to be complied with b y t he Larwi n people. Di recto r of Community Development Supinger described the area involved on a map of the project. He stated that the City's position was that t he tennis and handball courts must be available f or the whole p r oj ec t and not just those residents of phases 2 and 3 in orde r to r elie ve pressure on Floyd Park. Councilman Br own questioned whether we could hold the developer to the use o f th e c ourts for all of the residents of the development . City Atto rney Berardini stated that we could hold to the cond i tion of th e co urts being open to everyone on the property regardless of who d e v e l ops them. A general discussion of the handball and tennis courts situation and lands caping ensued. Mayor Henn ing s t ated that there was general agreement among the Council t hat the landscaping along the whole concrete wall was necessa r y before occupancy permits could be issued. Mr s . Ma r y O'Donnell appeared before Council. She stated that her p r operty abuts the Larwin site and that there was a great need to lan dscape the fence in order to decrease the concrete look. She stated that Fl oyd Park would be used by Larwin residents rather than by th e citizen s around there if some forceable effort was not made by Council to get Larwin to provide recreation facilities. She stated that the fenc e on the rear of her house has been messed up severely by the La r wi n project and that she was not happy with it. * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PU BLIC HEARING FOR A J-WAY LIQUOR LICENSE FOR ARAP 'S RESTAURANT , 3 866 SOUTH BROADWAY. Upon the call of the roll, the v ote resulted a s follows: Meeting of May 20 , 1974 4 Mayor Henning inquired whether a new developer would have to meet the conditions of the waiver issued by the Planning and Zoning Commission if he were to construct the other phases at a I later date. City Attorney Berardini replied in the affirmative, but stated that the question was one or timing in the fact that the phases 1 and 4 residents would be utilizing Floyd Park greatly, rather than having a tennis and handball court facility available in phase 2 and J. Councilman Brown stated that in his opinion the screening is something which must go in at the present time. He also felt that the recreational facets were something which had to be complied wi th by the Larwin people. Director of Community Development Supinger described the area involved on a map of the project. He stated that the City's position was that the tennis and handball courts must be available for the whole project and not just those residents of phases 2 and 3 in order to relieve pressure on Floyd Park. Councilman Brown questioned whether we could hold the developer to the use of the courts for all of the residents of the development . City Attorney Berardini stated that we could hold to the condition or the courts being open to everyone on the property regardless of who develops them. A general discussion of the handball and tennis courts situation and landscaping ensued. Mayor Henning stated that there was general agreement among the Council that the landscaping along the whole concrete wall was necessary before occupancy permits could be issued. Mrs. Mary O 'Donnell appeared before Council. She stated that her property abuts the Larwin site and that there was a great need to landscape the fence in order to decrease the concrete look. She stated that Floyd Park would be used by Larwin residents rather than by the citizens around there if some forceable effort was not made by Council to get Larwin to provide recreation facilities. She stated that the fence on the rear of her house has been messed up severely by the Larw in project and that she was not happy with it. * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING FOR A 3-WAY LIQUOR LICENSE FOR ARAP'S RESTAURANT, J866 SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: I I 'I Meeting of May 20, 1974 5 Ayes : Co uncil Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays : Non e Absent : None The Mayor declared th e mot i o n carried and the public hearing open. The offic ia l ta pe recording of the proceedings of this public hea r ing are main t ained on file in the office of the City Clerk . Mayor Henning g a v e a n ou t line of how the hearing would proceed before the Co u nc il. City Atto rne y Berardini stated that proper legal notice had been given by all con cerned. Mr. Har r y Carlene, Attorney for the applicant, appeared before Council . He q uest i o ned Mr. George D. Arapkiles as to his background and expe rience in the food and drink business. Mr. Carlene p r esented e xhibit A, which is a menu used by Mr. Arapkiles in one of his place s of operation in 1964 and 1965. City Atto r ney Berardini inquired as to certain legal requirements being met for the application of a license. Mr. William J. Convery, 2501 West 14th Avenue, Attorney for a cont e ster , ap peared before Council. He asked about plans for the park i ng for the restaurant, stating that there were only six spots on the side an d t hree in the rear presently. Mr . Charl es Kamine, 1125 Washington Street, appeared before Council . Mr . Carlene presented exhibits B and C, which were petitions in s upp o rt of the applicant. Mr. Kamine stated that he had circulated th es e p e t itions and gave a background of them. Mr . Convery the n c ross-exam in ed Mr. Kamine. Mr . Paul Co n a wa y, JO South Pearl Street, appeared before Council . He stated th at he, additionally, was a circulator of the liquor license petit ion, and gave the description of the procedure he had utilized . Mr . Conve ry c ross-examined Mr. Conaway. Mayor Henni ng inquired whether anyone else was present who had an atto r ney who woul d like t o cross-examine the witness. No persons appeared . Mr. Carle n e st ated that 719 names were included on the petitions in total . Meeting or May 20 , 1974 6 Mayor Henning inquired whether any persons in favor of the application wanted to appear before Council at this time. No persons appeared. Mayor Henn ing inquired as to any persons opposed to the application. Mr. Conve ry appeared before Council. He stated that he represented Mr. Walter Hrom, who has a business at 4386 South Broadway. Mr. Convery called Mrs. Linda Leonard, 260 South Garfield, as a witness before Council. Mr. Convery presented exhibit 1 , stating that there were three actual exhibits underneath that, all of which were petitions circulated in the area. Mr. Convery examined Linda Leonard concerning the petitions which she stated that she had circulated in the area immediately adjacent to the proposed restaurant and lounge. Mrs. Leonard stated that only 25% of those that she talked to were actually in favor of the liquor outlet. Mr. Carleno cross-examined Mrs. Leonard conc~rning the petitions which had been circulated. Mr. Richard Simon, attorney, appeared before Council. He stated that he represented the people around the location in question. Mr . Simon read a petition into the record circulated by members of the United Methodist Church. The petition contained 138 signatures. Mr . Simon read a second petition into the record, signed by members of the United Methodist Church. The petition contained 153 signatures. He stated that all these individuals would reside and work in the area, and they were persons who were all opposed to the petition. Mr. Stanley Fixter, 4655 South Kalamath Street, appeared before Council . He stated that he had a real concern with a liquor outlet immediately across from the United Methodist Church. The church has many youth activities in the evenings, such as youth fellowships, boy scouts, etc. The restaurant and lounge would have a detrimental effect to the church's activities. Mr. Carleno cross-examined Mr. Fixter, who stated that he had a complete opposition to liquor in principle and not only in this selected location. I Mr. M. M. Summers, 3140 South Delaware St~eet, appeared I before Council . He questioned where the 700 people who signed the , petition in favor of the liquor license were this evening. Mr. Summers expressed complete opposition to the liquor license being granted at this time . Mr. Carlena inquired of Mr. Summers whether he was against liquor in any form. Mr. Summers replied in the affirmative. I I Meeting of May 20, 1974 7 Mrs . Da r l ene Johnson, J865 South Bannock Street, appeared befo r e Council . Sh e stated that she was opposed to the outlet and that she l i ved within t wo blocks of the location. There were many child r en in the nei g h borhood and she felt this would have a detri- mental ef fe ct on th e m. Mr. Carle ne gave closing statements for the record, stating that he had shown t he need for the license in this particular area. Councilman Br o wn inquired as to how important it was for a restau r ant to be op ene d in the neighborhood and questioned whether there was a need fo r it . Mr. Arapkiles stated that he was convinced that the r e was a nee d for a restaurant in that area. COUNCILMAN S OVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CLOSE THE PUB L IC HEARING. Upon the call of the roll, the vote resulted as foll o ws: Ay e s : Counc il Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays : None Absent : No ne The Mayor declared the mo tion carried and the public hearing closed. COUNCILMAN BR OWN MOVED TO DENY THE LIQUOR LICENSE. City Atto r ne y Berardini stated that the Statutes required the finding of facts and conclusions to be made in writing to the applicant . Councilman Bro wn stated that he would withdraw the motion on that basis . COUNCILMAN BLESSING MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO TABLE THE FINDINGS OF FACT ON THE LIQUOR LICENSE APPLICATION FOR A TH REE-WAY LIQUOR LICENSE FOR ARAP'S RESTAURANT, J866 SOUTH BROADWAY UNT IL THE NEXT MEETING. Upon the call of the roll , the vote result ed as follows: Ayes : Counc i l Members Sovern, Mann, Blessing, Anderson, Henning . Nays : Cou ncil Member Brown. Absent : None The Mayor declared the mo t ion carried. * * * * * Meeting or May 20 , 1974 8 Mayor Henn ing called a recess at 11:20 P.M. Mayor Henn ing reconvened the meeting at 11:30 P.M. Upon the call of the roll, the following were present. Council Memb ers Sovern, Mann, Blessing, Brown, Anderson, Henning . Absen t : None * * * * * Councilman Sovern stated that he felt that the agenda for the Council mee ting should be published in the news media to allow interested citizens to attend the meeting. Mayor Henn ing stated that she would request a report by the next meeting of what it would take to allow publication of the agenda to occur in the way of timing. * * * * * The following items were received for the record. Minutes of the Parks and Recreation Commission meeting of May 9 , 1974 . Minutes of the Library Board meeting of May 14, 1974. Minutes of the Planning and Zoning Commission meetings of March 19, March 26 , April 2, and April 16, 1974. Financial Report for the month of April, 1974. Memorandum from the Library Director concerning the approval of a special project grant in the amount of $8,900 from the Colorado State Boa~d of Education. * * * * * Council received a memorandum from the Chairman of the Noise Abatement Committ ee relative to the proposed noise abatement legislation . Assistant City Manager Mccown stated that this was just a brief reminder of the intention of Council at the last study session to request an ordinance from the City Attorney's office. Mayor Henning stated that she requested the City Attorney to draft that ordinance . * * * * * I I I I Meeting of May 20, 1974 9 INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDINANCE NO. .!1 , SERIES OF 1974 AN ORDINANCE AMENDING SECTION 2, CHAPTER 6, TITLE XIII OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO THE INVESTMENT OF OPERATING AND SPECIAL FUNDS OF THE CITY, SECURING OF DEPOSITS AND A DISTRI- BUTION OF INTEREST. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE ORDINANCE NO. 17, SERIES OF 1974. Upon the call o f the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The May o r de c lared the motion carried. * * * * * Council received a Bill for an Ordinance amending section 21-7 of the Model Traffic Code by ·authorizing use of air horns on fire vehicles. City Attorney Berardini stated that this would allow the use of air horns on fire vehicles only and exclude their use on any other emergency vehicle. He stated that it was modeled after the Denver ordinance. City Manager Dial inquired whether this would create problems with diesel trains who used them at intersections. City Attorney Berardini stated no, since the ordinance prohibited their use on other emergency vehicles only. Chief Hamilton stated that there was a great deal of suc c ess with the use of air horns across the country. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE AMENDING SECTION 21-7 OF THE 'MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1966,' AS ADOPTED WITH AMENDMENTS BY ORDINANCE NO. 24, SERIES OF 1969, (CHAPTER 1, TITLE XIV, 1 69 E.M.C.) BY AUTHORIZING THE USE OF AIR HORNS ON FIRE VEHICLES ONLY. Meeting of May 2 0 , 1974 10 COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AUTHORIZING THE USE OF AIR HORNS ON FIRE VEHICLES. Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Council received a Bill for an ordinance reassessing certain property within Paving District No. 20; providing for payment and collection of said assessment. City Attorney Berardini stated that this reassesses the Weist property after a court case which went all the way to the Supreme Court. Mayor Henning inquired whether there was any problem on the continuity of the Council if a public hearing was held by one Council while the original ordinance had been passed by another. City Attorney Berardini stated that he could see none. Mayor Henning stated that June 17th would then be utilized as a public hearing on this matter. INTRODUCED AS A BILL BY COUNCILMAN BLESSING. A BILL FOR AN ORDINANCE REASSESSING CERTAIN PROPERTY WITHIN PAVING DISTRICT NO. 20, IN THE CITY OF ENGLEWOOD, COLORADO; PROVIDING FOR THE PAYMENT AND COLLECTION OF SAID ASSESSMENT. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE ASSESSING CERTAIN PROPERTY WITHIN PAVING DISTRICT NO. 20, PROVIDING FOR PAYMENT AND COLLECTION OF SAID ASSESSMENTS, AND SETTING JUNE 17, 1974 AT 8:00 P.M. FOR A PUBLIC HEARING ON THE QUESTION. 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. * * * * * I I II I Meeting of May 2 0, 1974 11 Council rece ived a copy of a resolution relative to the development of the S ou t h P l atte River. City Atto rney Berardini stated that the item in the resolution s tating "open channel" should be corrected to read "natu r al type channel ". RESOLUTION NO. 16 SERIES OF 19~ A RESOLUTION OF THE CI TY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO URGING THE U.S . ARM Y CORP S OF ENGINEERS TO ADOPT A POLICY OF NATURAL TYPE CHANNEL IZATI ON OF THE SOUTH PLATTE RIVER FROM CHATFIELD DAM TO HAMPDEN AVENU E. (Copi e d in f ull in the Official Resolution Book.) COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RE SOLU T ION NO. 16, SERIES OF 1974. Upon the call o f th e r oll , t he v ot e resulted as follows: Ayes : Cou nci l Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays : No ne Ab sent : No ne The Mayo r declared t he motion carried. * * * * * Council re ceived a copy of a resolution setting the date of June 24 , 1974 at 7:00 P.M. for a public hearing on the proposed sidewalk dist r ict . Councilman Anderson inquired whether these were new side- walks o r rep lacement ones. Director of Public Works Waggoner stated that they were repla cement sidewalks. RE SOLUTION NO. !2..._, SERIES OF 1974 A RESOLUT I ON DECLARI NG THE INTENT OF THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , TO CREATE AN IMPROVEMENT DISTRICT IN SAID CIT Y, TO BE KNO WN AS SIDEWALK IMPROVEMENT DISTRICT NO. 74; ADOPTING DET AILS AND SPECIFIC ATIONS THEREFOR; ESTABLISHING A DATE AND PLACE FOR A PUBLIC HEARI NG UPON THE CREATION OF SAID DISTRICT; AND ORDERING PUBLIC AT I ON AND MAIL ING OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE ASSES SED WITHI N THE DISTRICT. {Copi ed in full in the Official Resolution Book.) 168 Meeting of May 20 , 1974 12 COUNCILMAN ANDERSON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE RESOLUTION NO. 17, 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. * * * * * City Attorney Berardini stated that on the Bill for an Ordinance reassessing certain property within Paving District No . 20, there was a correction needed in the "Whereas" in the body where it states 202 .9 feet should be corrected to 192.9 feet. COUNCILMAN BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO RECONSIDER THE BILL FOR AN ORDINANCE FOR REASSESSING CERTAIN PROPERTY WITHIN THE PAVING DISTRICT NO. 20, PROVIDING FOR PAYMENT AND COLLECTION OF SAID ASSESSMENT. 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. COUNCILMAN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO AMEND THE BILL FOR AN ORDINANCE SUBSTITUTING 192.9 FEET FOR 202.9 FEET IN THE "WHEREAS" AND IN THE BODY OF THE ORDINANCE. 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. * * * * * I I I I Meeting of May 20, 1974 13 City Atto rney Ber a rdini inquired as to what the Council's pleasur e was at this t ime on the proposed bicycle ordinance. Mayor Henning stated that it was Council's consensus that the Bill for the Or dinance should be on the next agenda concerning bicycle r e gulations . * * * * * COUNCILMA N S OVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ADJOURN . Upon the call or the roll, the vote resulted as follows : Ayes : Co u nc il Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays : None Absent : None The Mayor declared the mot i on c arri e d a nd the meeting was adjourned at 12 :05 A .M. ex oITrcio----Cierk of the Council