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HomeMy WebLinkAbout1970-08-04 (Regular) Meeting Minutes86 REGULAR MEETING: COUNCIL CHAMBBRS CITY OP ENGLEWOOD, COLORADO AUGUST 4, 1970 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 4, 1970 at 8:00 P.M. Mayor Schwab. presiding. called the meeting to order. The invocation waa given by Reverend Doug Huigen of the Englewood United Methodist Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Senti, Lay, Dhority, Brown, Schwab. Absent: Councilmen Lone, Kreiling. 'l'he Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager McDivitt, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAH LAY MOVED, COUNCIIMAN SERTI SECONDBD, THAT THE MINUTES OP THE REGULAR MEETING OP JULY 20, 1970 AND OF THE SPBCIAL MBBTING OF JULY 27, 1970 BB APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Dhority, Brown, Schwab. Nays: Rone. Abaent: Councilmen Lone, Kreiling. The Mayor declared the motion carried. * * * * * * Mr. M. M. Summers, 3140 South Delaware, appeared before City Council and requeated an appeal of the Planning Commission'• decision not to rezone hi• property fronting on the south aide of West Oxford Avenue from R-1-C (single-family reaidential) to R-2-B (two-family residential) and that the City Council hold a public hearing on the rezoning. Rote: A memorandum dated July 30, 1970 from Planning Director Supinger concerning the Planning Commiaaion'• action on the Summers• rezoning was received for the record. I I Discussion ensued. It was the conaenaua of City Council that the requeat of I Mr. Summers be taken under advisement until the minutes of the Planning and zoning COmmiasion meeting of July 21, 1970 were received. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BRONN SECONDBD, THAT THE PUBLIC HEARING TO REZONE THE NORTHWEST CORNER OP WEST THOMAS AVENUE AND SOUTH BBVBRLY DRIVE .FR<»t R-4 TO I-1 BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Dhority, Brown, Schwab. Raya: Hone. Abaent: Councilmen Lone, Kreiling. 'l'he Mayor declared the motion carried, and the public hearing opened at 8:28 P.M. (Note: A tape recording of the public hearing is on file with the official records.) City Manager Dial introduced Mr. James Supinger. the new Planning Director. to the members of City Council. Liated below are the individuals who appeared before City Council and the exhibit• preaented. Mrs. Dorothy A. Romana, Assiatant Planning Director. (Rote: Items previously received at the July 6, 1970 City Council public hearing on the rezoning, which was postponed, include: I I I I I Auquat 4, 1970 1. A memorandum from Mra. D. A. Romana, Acting Director of Planning, dated July 2, 1970 concerning the rezoning. 2. An aerial photo of the subject area. 3. A copy of a covenant filed by Robert G. and Loia E. Cummings with the Planning Coamission at their May 19, 1970 hearing. 4. A map of the subject area. 5. A protest petition filed with the Planning Commission at their hearing on May 19, 1970. 6. A memorandum dated May 20, 1970 to Mr. Kells Waggoner, Director of Public works from Mrs. D. A. Romana, Acting Director of Planning, concerning the testimony at the hearing on May 19, 1970. 7. A summary of the annexation and zoning history of the subject area.) Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Photograph of the posting of the zone change request. The notice of public hearing as it appeared in the Englewood Herald July 9, 1970. A covenant agreement affecting the subject area. A petition opposing the rezoning containing approximately 24 signatures (count unverified). Mr. Richard Eason, attorney, 3311 South Broadway. Exhibits No. 5-8 Exhibit No. 9 Exhibit No. 10 Photographs of Moore and Hansen Manufacturing Company, 4796 South Broadway. Moore and Hansen Manufacturing Company plan to relocate on the proposed rezoned property. Bingo card which is manufactured by Moore and Hansen Manufacturing Company. Letter from Mr. and Mrs. Gerald D. Koehler dated August 4, 1970 stating that they find Moore and Hansen Manufacturing Company's operations to be compatible with residential living. Mr. James F. Moore, 4796 South Broadway. Mr. Robert G. Curmninga, 140 Garfield. Mr. Pete Peterson, 180 West Girard. Mr. William F. Manning, 1540 West Tufts. Exhibit No. 11 Exhibit No. 12 Exhibit No. 13 Citizens' recommendations to Moore and Hansen Manufacturing Company if rezoning approved. i A petition opposing the rezoning containing approxi- mately 25 signatures (count unverified). The signa- tures on this petition were obtained prior to the postponed public hearing on July 6, 1970. A petition opposing the rezoning containing approxi- mately aix signatures (count unverified). The signatures on this petition were obtained prior to this public hearing. (Councilman Kreiling entered the Council Chambers and took his seat with Council at 9:20 P.M.) Exhibit No. 14 Map of the subject area to be rezoned showing the residential ownerships. Mr. K. R. Stohn, 1530 West Tufts Avenue. Mr. Fielding Moore, 4796 South Broadway. Mayor Schwab asked those in the audience who would be in favor of the rezoning if the recommendations made to Moore and Hansen Manufacturing Company (Exhibit No. 11) were followed to stand. Tow people stood. COUNCIIMAN DHORITY MOVED, COUNCIIMAN LAY SECONDED, THAT THE PUBLIC HEARING BB CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Abaent1 Councilman Lone. The Mayor declared the motion carried, and the public hearing closed at 9:48 P.M. 88 August 4, 1970 BY AUTHORITY ORDINANCE NO. 28, SERIES OF 1970 AN ORDINANCE REZONING LOTS 5, 6, 7 ARD 8, BLOCK l, BELLISLE GARDENS, SECOND FILING, CITY OF ERGLBWOOD, COUNTY' OF ARAPAHOE, COLORADO FR<»l R""!4 (RESIDENTIAL - PROFESSIONAL) TO I-1 (LIGHT INDUSTRIAL). (Copied in full in the official Ordinance Book.) COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECOllDED, THAT ORDINANCE NO. 28, SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED 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. Nays: Mayor Schwab. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * A memorandum from the Chairman of the Planning and zoning Commission regarding the capital improvement priorities set by the Commission waa received for the record. * * * * * * The minutes of the Water and Sewer Board meeting of July 21, 1970 were received for the record with four recommendations attached. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council in regard to the various recommendations of the Water and Sewer Board. Mr. Charles B. Carroll, Director of Utilities, stated that the Board was recommending Supplement No. 24 to the Connector'• Agreement with Southgate Sanitation District which would incorporate 20 additional acres within the District. COUNCIIllAN DBORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT ADDITIONAL LAND BE IIJCLUDBD WITHIN THE SOUTHGATE SAIJITATIOIJ DISTRICT AS DESCRIBED IN THE PROPOSED SUPPLDIENT NO. 24 TO THE CONNECTOR'S AGREBMD1T WITH THE DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE lfBCESSARY DOCUMENTS. 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. Mr. Charles B. Carroll, Director of Utilities, stated that the inclusion of additional land within the south Arapahoe Sanitation District through Supplement No. 19 to the Connector'• Agreement with the District would involve 31 acres. COUNCIIltAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECCl4MBNDATION OF THE WATER ARD SEWER BOARD THAT ADDITIONAL LAND BE IRCLUDBD WITHIN THE SOUTH ARAPAHOE SAIJITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCtMENTS. 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. Mr. Charles B. Carroll, Director of Utilities, stated that Medema Building Corporation had requested a letter of intent of the City of Englewood to serve 93 acre• of land bounded on the south by Arapahoe Road, on theaaat by Holly Street, and on the west by Colorado Boulevard. Discussion ensued. COUNCIIHAN DHORI'IY MOVED, COUNCILMAN KREILING SECONDED, THAT THE AUTHORIZATION OF A LETTER OF INTENT TO SERVE THE AREA AS DESCRIBED BY MR. CARROLL BE APPROVED. (Councilman Lay left the Council Chambers at 10:02 P.M.) Discussion continued. Upon the call of the roll, the vote resulted aa follows: I I I I I I I I Auquat 4, 1970 Ayea: Councilmen Senti, Kreiling, Dhority, Brown, Schwab. Naya: None. Absent: Councilman Lone, Lay. The Mayor declared the motion carried. Mr. Charles B. Carroll, Director of Utilities, stated that a letter of intent to aerve 90 acres in what is proposed aa Cherry Hilla Sanitation District No. 1 had been requested of the City of Englewood. (Councilman Lay entered the Council Chambers and took his seat with council at 10:05 P.M.) Diacuaaion ensued. COUBCILMAN LAY MOVED, COUNCIIMAN KREILING SECONDED, THAT A LETTER OF INTENT TO SERVE TBB PROPOSED CHERRY BILLS SANITATION DISTRICT NO. 1 BE AUTHORIZED BY THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * The minutes of the Library Board meeting of July 14, 1970 were received for the record. * * * * * * The minutes of the Planning and zoning Conmission meeting of June 16, 1970 were received for the record. * * * * * * The minutes of the Parks and Recreation Commission meeting of July 22, 1970 were received for the record. * * * * * * Introduced as a Bill by Councilman Lay and read in full, A BILL FOR AN ORDINANCE AMENDING CHAPTER 8 RELATING TO WATER AND SEWER BY ADDING NEW SECTIONS THERETO, AUTHORIZING THE WATER AND SEWER BOARD TO ISSUE LICENSES TO CROSS OR ENCLOSE THE CITY DITCH AND TO ESTABLISH REASONABLE RULES AND REGULATIONS THEREFOR. COUNCIIMAN LAY MOVED, COUNCIIMAN SENTI SECONDED, THAT THE PROPOSED 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. Abaent: Councilman Lone. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 29, SERIES OP 1970 AN ORDINANCE REPEALING SECTIONS 17.1-1 AND 19.5-9 OF THE MUNICIPAL CODE OP THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE SALE OF FERMENTED MALT BEVERAGES NEAR SCHOOLS. (copied in full in the official Ordinance Book.) COUNCIIMAN KREILING MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 29, SERIES OF 1970 BE PASSED ON FINAL READIHG AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD ARD EBTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab. Haya: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * 90 Auqust 4, 1970 BY AUTHORITY' ORDINANCE NO. 30, SERIES OF 1970 AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 70: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS; AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH IMPROVDIENTS. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 30, SERIES OF 1970 BE PASSED ON FINAL READING AND ORDERED PUBLISBBD IN FOLL IN THE ENGLEWOOD HERALD ARD ER'l'ERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, J<reiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 23, SERIES OF 1970 A RESOLUTION OF INTENT OF THE CITY COUHCIL OF THE CITY OF ENGLEWOOD, COLORADO TO ANNEX AN AREA OF LAND TOTALING 192.837 ACRES MORE OR LESS, AS HEREINAFTER MORE PARTICULARLY DESCRIBED; AND SETTING A DATE, TIME AND PLACE OF HEARING THEREON: AND DIRECTING THE CITY CLERK-TREASURER TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW. I COUNCIU4AN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 23, I SERIES OF 1970 BE ADOPTED AND APPROVED AND THAT THE PUBLIC HEARING ON THE ANNEXATION BE ESTABLISHED FOR SEPTEMBER 8, 1970 AT 8:00 P.M. Discussion ensued. COUNCILMAN DHORI'l'Y' AND COUNCIU4AN BROWN STATED THAT THEY WOULD WITHDRAW 'DIEIR MOTION AND SECOND. (Note: As the resolution was not passed, No. 23 will be reassigned; and it will not be recorded in the official Resolution Book.) * * * * * * City Attorney Berardini stated that he was gathering information about the New Frontier Liquor license as it appeared that it had been abandoned. After discussion it was the consensus of City Council that a written report be given on thezibandoned license. * * * * * * City Manager Dial presented a memorandum from Mr. Charles B. Carroll, Director of Utilities, dated July 31, 1970 on sewer plant improvements and appropriations. Mr. Charles B. Carroll, Director of Utilities, appeared before City Council I and noted certain corrections to the memorandum. City Manager Dial discussed the memorandum with City Council and pointed out that there were three primary reasons for the need for the supplemental appropriation: emergency repairs to Digester No. l, repairs to Digester No. 2, and an entineering study of the plant itself. Mr. Dial stated that $58,000 would be a ceiling on the engineering except for an unknown condition in the clarifier• which might cause engineering costs to increase, and that Federal and State requirements on bypassing of the sewage treatment plants which were currently being considered but not yet adopted might also cause an increase to the contract. RESOLUTION NO. 23, SERIES OF 1970 A RESOLUTION AUTHORIZING CERTAIN FINANCIAL TRANSACTIONS IN THE SEWER FUND. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT RESOLUTION NO. 23, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lay, J<reiling, Dhority, Brown, Schwab. Nays: None. Absent: Councilman Lone. The Mayor declared the motion carried. * * * * * * ! j ~ I I I I Auquat 4, 1970 A memorandum from the Public Work• Director relative to the status of 000 West Jefferson Avenue after the completion of the interchange at Broadway and U.S. 285 was received for the record and diacuaaed. After discussion it was the consensus of City Council to refer the matter to the Planning and zoning Conunisaion. * * * * * * A memorandum from Public works Director Waggoner estimating the cost to clean up dead trees within the City of Englewood was presented. City Manager Dial stated that if the City of Englewood would remove trees and tree limbs placed on the curb and further remove all trees from public rights of way, the btal coat would be approximately $478,000. * * * * * * City .Manager Dial reminded members of City Council that an employee picnic would be held on August 19, 1970. * * * * * * City Manager Dial stated that the Denver Regional Council of Governments' Technical Advisement Committee had approved the bus application for Federal aid. Mr. Dial stated that two other committees of the Regional Council of Governments would be required to take action. * * * * * * City Manager Dial stated that Director of Finance Lyon had indicated that the certain property located in Scenic View Sanitary Sewer District had been incorrectly certified to Arapahoe County in the name of Mrs. Gallegos instead of Mr. T. E. Greene, and that Arapahoe County had stated that in order to correct the certification that it would be necessary for the City Council to take action. COONCIIMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CERTIFICATION FOR THE SCBNIC VIEW SANITARY SEWER DISTRICT ASSESSMENT FOR THE N47 PEET OF S 180 PEET OF LOT 18, BLOCK 1, SOUTHLAWN GARDENS ANNBX, ENGLEWOOD, COLORADO, BE CHANGED FRat MRS. GALLEGOS TO T. E. GREENE AND CClitPANY, 5200 WEST BOWLES AVENUE AND THE AMOUNT PAID TO DATE OF $76.35 BE REFUNDED TO MRS. GALLEGOS. 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 Council discussed the capital improvement program for 1971 and future years and various means of involving the membership of the community in its formulation. * * * * * * City Manager Dial stated that he would be taking four days of Vacation, August 20 through 25, 1970, to go to Kansas. * * * * * * COUNCILMAN SENTI MOVED, COUNCILMAN KREILING 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 Mayor declared the motion carried, 1lll=fteCY at 11: 25 P.M.