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HomeMy WebLinkAbout1971-02-16 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 16, 1971 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 16, 1971, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Mayor Schwab. The Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Senti, Kreiling, Dhority, Brown, Lay, Schwab. Absent: Councilman Lone The Mayor declared a quorum present. Also present were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini Deputy City Clerk Herndon * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 1971, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * Mayor Schwab recognized the following citizens from the list of "Special Citizen Program Invitees": Mrs. John Naccarato, 300 East Yale Avenue Mr. and Mrs. Charles B. Cultra, 3100 South Acoma Street * * * * * Mr. Ray Shaw representing the U-Tote-M store, 123 East Belleview Avenue, was present to request renewal of the 3-2 beer license. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE REQUEST FOR RENEWAL OF A 3-2 BEER LICENSE FOR THE U-TOTE-M STORE AT 123 EAST BELLEVIEW AVENUE BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING REGARDING REZONING OF LOTS 1 THROUGH 5, BLOCK 1, AND LOTS 1 THROUGH 4, BLOCK 8, OF PLEASANT VIEW, SECOND FILING, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the public hearing opened at 8:15 P.M. (NOTE: A tape recording of the public hearing is on file in the official records of the February 16, 1971, City Council meeting.) Mr. Jim Supinger, Planning Director, presented a report to Council regarding the rezoning. Mr. Supinger stated that the area in question had been posted and notice of public hearing had been published as required. Mr. Jack Anderson, 3365 West Tanforan, appeared before Council in favor of the rezoning. Discussion ensued. 173 174 February 16, 1971 Mr. Clark Deffner, 4655 South Knox Court, appeared before Council in opposition to the proposed rezoning. Mr. Deffner reported that the increase in traffic would create a hazard for the school children going to Alice Terry School. He also stated that the speed limits were not enforced in the area. Mayor Schwab stated that the speed limit would be enforced. Discussion ensued. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING REGARDING REZONING OF LOTS l THROUGH 5, BLOCK 1, AND LOTS l THROUGH 4, BLOCK 8, OF PLEASANT VIEW, SECOND FILING, BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Abstain: Councilman Senti Absent: Councilman Lone The Mayor declared the public hearing closed at 8:30 P.M. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE REZONING LOTS l THROUGH 5, INCLUSIVE, BLOCK l~ ltND LOTS 1 THROUGH 4, INCLUSIVE, BLOCK 8, PLEASANT VIEW, SECOND FILING, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, FROM R-1-B (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-2-B (TWO-FAMILY RESIDENTIAL) DISTRICT BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Abstain: Councilman Senti Absent: Councilman Lone The Mayor declared the motion carried. * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING REGARDING THE REZONING OF LOTS 17 THROUGH 32, BLOCK 18, ALL OF BLOCK 19 AND LOTS 1 THROUGH 16, BLOCK 20, FROM R-1-C TO R-3-B BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the public hearing opened at 8:35 P.M. (NOTE: A tape recording of the public hearing is on file in the official records of the February 16, 1971, City Council meeting.) Mr. Jim Supinger, Planning Director, presented a report to Council regarding the proposed rezoning. Mr. Supinger stated that the area in question had been posted and notice of public hearing had been published as required. Mr. Tom Eitel, Attorney, appeared before Council regarding the proposed rezoning. Mr. Eitel stated that approximately 50 per cent of the horn~ owners in the area had signed a petition in favor of the rezoning. Mr. Malcolm Collier, 1421 East Cornell Place, appeared before Council in favor of the proposed rezoning. Mr. Swartmore, 3695 South Elati, appeared before Council in favor of the rezoning. Mr. Gaylord B. Leffler, 3392 West Layton, appeared before Council in opposi- tion to the proposed rezoning. Mr. Leffler stated that it would be unwise to rezone the area in question at the present time. Mr. Leffler felt that the area should be rezoned for light industrial or medical. Mr. Rod Tilletson, 3640 South Elati, appeared before Council in opposition to the rezoning. Mr. Tilletson felt that there was inadequate parking available in the area. Mr. Joseph Baca, 3621 South Elati, appeared in opposition to the rezoning. Mrs. Linda Tilletson, 3640 South Elati, appeared in opposition to the rezoning. Mrs. Anna F. Peterson, 3778 South Fox, appeared in favor of the rezoning. However, she was in opposition to construction of a medical building in the area. Mayor Schwab asked those in opposition to stand -four persons were in opposition. I I I I I I I I February 16, 1971 Mayor Schwab asked those in favor of the rezoning to stand -17 persons appeared in favor of the rezoning. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the public hearing closed at 9:15 P.M. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE BILL FOR AN ORDINANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE, BLOCK 18: ALL OF BLOCK 19: AND LOTS 1 THROUGH 16, INCLUSIVE, BLOCK 20: CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, FROM R-1-C (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY RESIDENTIAL) DISTRICT BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * The financial report for the month of January was received for the record. * * * * * The time-table for Sidewalk Improvement District No. 71 was received for the record. * * * * * The minutes of the Planning and Zoning Commission meeting of January 19, 1971, were received for the record. * * * * * The minutes of the Public Library Board meeting of February 2, 1971, were received for the record. * * * * * The minutes of the Parks and Recreation Commission meeting of February 10, 1971, were received for the record. * * * * * A letter from Mr. Robert E. Leigh of Alan M. Voorhees and Associates, Inc., was received for the record. * * * * * A memorandum from the Finance Director concerning the Municipal Court operations was received for the record. * * * * * The minutes of the ARAPS Board of Directors meeting of February 3, 1971, were received for the record. * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 20, ORDERING THE CONSTRUCTION THEREIN OF STREET AND ALLEY IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, B~own, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * 175 176 February 16, 1971 BY AUTHORITY ORDINANCE NO. 4, SERIES OF 1971 AN ORDINANCE AMENDING TITLE II, CHAPTER 3 OF THE '69 E.M.C. ENTITLED "FIRE PREVENTION CODE" BY ESTABLISHING MOTOR VEHICLE ROtrrES OF VEHICLES TRANSPORTING EXPLOSIVES, BLASTING AGENTS, HAZARDOUS CHEMICALS OR OTHER DANGEROUS ARTICLES: AND ESTABLISHING FIRE LANES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 4, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 37 OF THE '69 E.M.C. ENTITLED "COURT COSTS" BY INCREASING WITNESS FEES FROM ONE DOLLAR ($1.00) TO FIVE DOLLARS ($5.00) FOR EACH DAY OR PART OF A DAY SUCH WITNESS SHALL BE IN ATTENDANCE: AND INCREASING THE FEE OF JURORS FROM THREE DOLLARS ($3.00) TO SIX DOLLARS ($6.00) PER DAY OR PART OF A DAY SUCH JURORS SHALL BE IN ATTENDANCE. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * Introduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DISPOSAL OF WEEDS OR RUBBISH THEREFROM. COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT A HEARING BE HELD ON APRIL 5, 1971, REGARDING THE ALLEGED LIQUOR LICENSE VIOLATION BY THE FRATERNAL ORDER OF EAGLES, 55 WEST FLOYD AVENUE, ENGLEWOOD, COLORADO. MR. BERARDINI WAS INSTRUCTED BY COUNCIL TO INFORM THE FRATERNAL ORDER OF EAGLES BY CERTIFIED MAIL OF THE HEARING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * RESOLUTION NO. 11, SERIES OF 1971 A RESOLUTION AUTHORIZIRG .,.THE ;~&OTIFICATION OF PROPERTY OWNERS OF ASSESSMENTS FOR PAVING DISTRICT NO. 19 AND ESTABLISHING A DATE FOR PUBLIC HEARING ON SAID ASSESSMENTS •. (Copied in full in the official Resolution Book.) I I I I I I I I February 16, 1971 COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT RESOLUTION NO. 11, SERIES OF 1971, BE ADOPTED AND APPROVED AND THAT THE PUBLIC HEARING ON ASSESSMENTS FOR PAVING DISTRICT NO. 19 BE ESTABLISHED FOR MARCH 22, 1971. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * City Manager Dial read a letter to Council concerning the storm drainage plan from Conrad R. Stroh. COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE CITY PROCEED WITH THE PLAN AS SUBMITTED BY THE CONSULTANTS REGARDING STORM DRAINAGE FOR THE NORTHEAST AND NORTHWEST AREAS OF THE CITY IMMEDIATELY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. Councilman Kreiling stated that a general time table should be instituted for completion of the storm drainage plan. * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN SENTI SECONDED, THAT THE UTILITIES DIRECTOR AND FISCAL AGENTS BE AUTHORIZED TO MEET WITH PROSPECTIVE BUYERS IN NEW YORK CITY REGARDING SALE OF THE RANCH CREEK DIVERSION PROJECT GENERAL OBLIGATION WATER BONDS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * RESOLUTION NO. 12, SERIES OF 1971 A RESOLUTION APPROVING THE DEFINITION OF THE WORD "RELATIVE" AS IT RELATES TO EMPLOYMENT BY THE CITY OF ENGLEWOOD UNDER RULES AND REGULATIONS OF THE CAREER SERVICE BOARD •. (Copied in full in the official Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 12 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MAYOR CLERK BE AUTHORIZED TO SIGN AN AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD, AND ARAPAHOE COUNTY FOR STUDY OF A COOPERATIVE COMPUTER SCIENCE PROGRAM. call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * AND CITY LITTLETON, Upon the COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT MR. T. H. HARDER, 4915 SOUTH DELAWARE, MR. DON FULLERTON, 3265 SOUTH RACE STREET, MRS. BETTY BEIER, 3167 SOUTH BANNOCK, MR. JERRY THOMAS, 4695 SOUTH WINDERMERE, MR. GEORGE LASSASSO, 1325 WEST OXFORD AVENUE, COUNCILMAN KREILING, AND COUNCILMAN LAY BE APPOINTED TO A COMMITTEE TO STUDY THE PRESENT SEWER ORDINANCE. Upon the call of the roll, the vote resulted as follows: 177 178 February 16, 1971 Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * City Council requested that the various cities in the area be surveyed regarding licensing of vending machines. * * * * * RESOLUTION NO. 13, SERIES OF 1971 A RESOLUTION URGING THE GENERAL ASSEMBLY OF THE STATE OF COLORADO TO PROMPTLY ENACT ENABLING LEGISLATION FOR AMENDMENT NO. 3, AND TO PERMIT SUCH OTHER FUNCTIONS AS MAY BE SELECTED BY THE ELECTORS OF A SERVICE AUTHORITY DISTRICT. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT RESOLUTION NO. 13 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * Mayor Schwab reminded Council that the City would be host to the Arapahoe Mayors' Council meeting on Thursday, March 4, 1971. * * * * * COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT AN ORDINANCE REZONING LOTS 1 THROUGH 5, INCLUSIVE, BLOCK 1: AND LOTS l THROUGH 4, INCLUSIVE, BLOCK 8, PLEASANT VIEW, SECOND FILING, CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORADO, FROM R-1-B (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-2-B (TWO-FAMILY RESIDENTIAL) DISTRICT, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. BY AUTHORITY ORDINANCE N0.5, SERIES OF 1971 AN ORDINANCE REZONING LOTS l THROUGH 5, INCLUSIVE, BLOCK 1: AND LOTS l THROUGH 4, INCLUSIVB, BLOCK 8, PLEASANT VIEW, SECOND FILING, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO, FROM R-1-B (SINGLE FAMILY RESIDENTIAL) DISTRICT TO R-2-B (TWO-FAMILY RESIDENTIAL) DISTRICT. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT ORDINANCE NO. 5, SERIES OF 1971, BE APPROVED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * I I I COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE BILL FOR AN ORDINANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE, BLOCK 18: ALL OF BLOCK 19: AND LOTS 1 THROUGH 16, INCLUSIVE, BLOCK 20: CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF I COLORADO FROM R-1-C (SINGLE-FAMILY RESIDENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY RESIDENTIAL) DISTRICT, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. I I February 16, 1971 BY AUTHORITY ORDINANCE N0.6, SERIES OF 1971 AN ORDINANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE, BLOCK 18; ALL OF BLOCK 19: AND LOTS 1 THROUGH 16, INCLUSIVE, BLOCK 20: CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO FROM R-1-C (SINGLE-FAMILY RESIDENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY RESIDENTIAL) DISTRICT. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE N0.6, SERIES OF 1971, BE APPROVED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Mayor declared the motion carried. * * * * * MAYOR SCHWAB MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None Absent: Councilman Lone The Ma y or declared the motion carried, and the COUNCIL 179