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Home My WebLink About1967-08-21 (Regular) Meeting MinutesI I I I COMMUNITY ROOM CITY OF ENGLEWOOD, COLORADO AUGUST 21, 1967 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, August 21, 196? at the hour of 8:00 P.M. Mayor Allen, presiding, called the meeting to order and the invocation was given by the Reverend Allan Strong of the First Presbyterian Church. The Mayor asked for roll cal .. Upon the call of the roll, the following persons were present: Allen. Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Also Present: City Manager Dial Assistant City Manager Mack City Attorney Criswell City Clerk Lyon The Mayor recognized the following "Special Citizen Invitees" and welcomed them to the Council meeting: Mr. Paul L. Meyer, 3195 South Acoma Street Mr. Eugene R. Cowan, 3336 South Pearl Street Mayor Allen recognized Mr. Jack Eashon, President of the First National Bank of Englewood. Mr. Eachon informed members of the City Council that his bank presently had under construction a motor driven replica of the Cherrelyn Horse Car which served the area of Englewood many years ago. The horse car will serve the entire ·Englewood shopping canplex, running a regular schedule from the First National Bank on Broadway through the downtown area to the New Englewood Shopping Center and back. Prior to the opening of the shopping center, the car will be used to make tours of that part of the shopping complex under construction. Members of the City Council thanked Mr. Bachan for this addition to the community. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED REZONING OF THE I<LZ TRACT BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: , Councilmen Fullerton, Hanson, ·Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the public hearing open at 8:10 P.M. (The transcript of the public hearing was taken by Mr. George H. Tencich of Depositions, Inc., 418 Majest1c Building; Denver, Colorado. A copy of the transcript is on file in the official Council Records in the office of the City Clerk.) The following is a list of appearances and exhibits in order of presentation to the City council. Mayor Allen, Presiding Recess: 8:12 P.M. Reopen: 8:18 P.M. Stephen A. Lyon, City Clerk Exhibit #1 City Council file of documents applicable to the proposed rezoning. Exhibit #2 Publisher's affadavLt 0£ the Notice of Public Hearing before the City Council on 8-21-67. Exhibit #3 Affadavit of Posting of the KLZ site of the Public Hearing before the City Council on 8""!'·21-.67. D. Andrews Romans, Planning & Traffic Director Exhibit #4 Two aerial photographs listed below, (a) Aerial photographic map of the KLZ site taken in 1946 1.a , . . J2.. Minutes of August 21, 1967 (b) Aerial photographic map of the KLZ site taken in 1956 Exhibit #5 An earial photograph of the KLZ site taken in 1967. Note: Exhibit #4 (a) and #5 above have been marked and are on file in the Planning & Traffic office. Mr. J. J. Lou Carey, Applicant for Rezoning Exhibit #6 An exc erpt fran the minutes of the Arapahoe County Planning Commission. Exhibit #7 A certified copy of the .proceedings pertaining to the Kent Village area before the Arapahoe County Commissioners on February 14, 1966. Exhibit #8 A letter to Mr. J. J. Carey, from Small, Cooley, & Associates dated August 21, 1967 concerning projected traffic loads from the proposed development. Exhibit #9 Ordinance No. 7, Series of 1956, Cher~y Hills Village. Mr. George Perkins, Justin Haynes & Co., Denver, Colorado Mr. J. J Carey Exhibit #10 A multiple family market analysis of the KLZ tract by the firm of Justin H. Haynes, & Co. Mr. Bruce Slade, Halvorson, Slade, Inc., Denver, Colorado I Mr. J. J. Carey Exhibit #11 Study of the marketability of the rental units proposed for the KLZ site prepared by Halverson, Slade, Inc. Exhil it #12 An enlarged portion of a u.s.G.S. map showing the KLZ site. Exhibit #13 Table No. 25 of the City of Englewood's land use study. Exhibit #14 A leaflet dated April 26, 1967 entitled "About Rezoning KLZ Tract". Exhibit #15 A copy of a leaflet dated August 11, 1967 discussing the proposed rezoning of the KLZ tract and the public hearing held Monday, August 21, 1967. Exhibit #16 A leaflet postmarked August 18, 1967 entitled "Once More into the Breach Lads" concerning the rezoning of the KLZ tract. Exhibit #17 A letter to Mr. J. J. Carey dated June 5, 1967, signed by John G. Wells and Martin J. Deuth. Exhibit #18 A pamphlet entitled "Woodlake --The Planned Residential Development" dated July 1, 1963. Exhibit #19 (a through i) Letters from various officials of govern- mental units and private enterprise. Names of the re- spondents are listed below. (a) J. L. Parker, Public Service Company (b) K. D. Johnson, Mr. States Telephone & Teleqraph Co. (c) Jack L. Clasby, Chief of Police, City of Englewood (d) Fire Chief, Douglas c. Sovern, City of Englewood (e) Phyllis Weibe, Director of Libraries, City of Englewood (f) Kells Waggoner, Director of Public Works, City of Englewood (g) William R. Dobratz, Director of Utilities, City of Englewood (h) w. E. Bishop, Superintendent of Englewood Public Schools (i) Russell c. Polten, Assistant Superintendent, Cherry Creek School District No. 5, Arapahoe County. Exhibit #20 A set of petitions signed by individuals in favor of the KLZ rezoning (approximately 393 signatures appear on the petitions. There are no affadavits of circulation.) Mr. John G. Wells, 3602 South Gilpin I I I I I I I I Minutes of August 21, 1967 Exhibit #21 A pamphlet entitled "For Your Consideration" signed by J. J. Lou Carey (This pamphlet had been passed out immediately prior to the open- inq of the public hearinq.) Exhibit #22 A letter from Mayor Thomas, Cherry Hills Village. Mr. Martin J. Deuth, 2201 East Floyd Exhibit #2 3 A map of the drainage situation .surrounding the KLZ site. A recess of the Council was called at 10:35 P.M. council reconvened at 10150 P.M. Mrs. P. K. Roosevelt, 39 Sunset Drive, Cherry Hills Village, Colorado. Mr. Kerwin H. Fulton, 2191 Bast Floyd Avenue Exhibit #24 A letter to the .City Council dated Auqust 21, 1967 signed by Martin J. Deuth and John G. Wells. Exhibits #25 through #28 Petitions against rezoning of the KLZ tract signed by owners of real property lo- cated within 100 feet of the parcel. (A total of 81 siqnatures appear on the petition. Each peti- tion contains an affadavit of circulation.) Exhibits #29 through #52 Petitions of property owners in the vicinity of the KLZ site opposing the proposed re- zoninq. (A cursory count yields a total of 507 signatures on these petitions. It should be noted, however, that there is some overlap :between the people who signed the petitions submitted under Exhibits #25 throuqh #28 and .:those who signed the petitions in Exhibits #29 through #52.) Exhibits #52 throuqh #58 the KLZ site lie hearing. tures.) Petitions against the rezoning of signed by those present at the pub- (A cursory count yields 177 signa- Mr. J. B. Kennedy, 3225 South Race Mr. Dick Eason, 3261 East Dartmouth Place Exhibit #59 A pamphlet entitled "Metro Growth Plan 1970, 1980, 1990, 2000 Master Plan Report 16", Inter-County Reqional Planninq Camnission. (no date is apparent) Exhibit #60 uPostal Vacancy Survey -Denver, Colorado", dated May 8, 1967 and published by the Department of Housinq and Urban Developnent •. Mrs. Virqinia A. Kelley, 3151 South Vine Exhibit #61 Statements of Virginia A. Kelley regarding the pro- posed rezoning. I I Mrs. Maxine Stanley, 2310 West Harvard Councilman Donald Fullerton Exhibit #62 A questionnaire concerning the proposed re- zoninq of the KLZ site prepared and circulated by councilman Fullerton. Mr. J. J. Carey Mr. Stanley H. Dial, City Manaqer Exhibit #63 A letter to Mrs. D. A. Ranans from Mr. J. Stanley Ott, Director of Planninq~ City of San Mateo, California. Mr. Wells, 3602 South Gilpin Exhibit #64 A map of the zoninq of the Woodlake Development and areas surroundinq San Mateo, California. 3.$ . . . Minutes of August 21, 1967 Exhibit #65 A preliminary site study of the KLZ site dated August 18, 1967 showing the proposed usage of the land if the zoning is granted. Mrs. Roosevelt, 39 Sunset Drive Unidentified person Mr. Harry Crabtree (address not given) Note: The following items were not officially presented for the record, but are in the KLZ hearing file. Exhibit #66 1963 Canprehensive Zoning Map of the City of Engle- wood. (Thia map was passed out to members of the Council .Prior to the public hearing.) Exhibit #67 through #70 were given to the City Clerk by Mrs. Roosevelt, 39 Sunset Drive in support of Exhibit #64 mentioned above. Each item pertains to San Mateo zoning and development. Exhibit #70 A list of the opponents of the proposed rezoning who indicated their desire to appear before the City Council at the outset of the public hearing. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the hearing closed at 12:05 A.M. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE REZONING THE KLZ SITE BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the motion carried. The Mayor called a halt to the meeting at 12:07 A.M. to allow those who had appeared for the public hearing to leave. The meeting continued at 12:12 A.M. The minutes of the Board of Career Service Commissioners meeting of J u ly 27, 1967 were received for the record. The minutes of the Water & Sewer Board meeting of August 15, 1967 were received for the record. The minutes of the Board of Adjustment and Appeals meeting of July 12, 1967 were received for the record. A memorandum from Mr. Donald G. Fullerton, Chairman of the Storm Sewer Study Canmittee dated August 17, 1967 was received for the record. BY AUTHORITY ORDINANCE NO. 19, SERIES OF 1967 AN ORDINANCE VACATING A PORTIOB OF SOUTH PENNSYLVANIA STREET AS DESCRIBED THEREIN, AND RESERVING AN EASEMENT THEREIN FOR EXISTING SEWER, GAS, WATER OR SIMILAR PIPELINES AND APPURTENANCES AND FOR ELECTRIC, TELEPHONE AND SIMILAR LINES AND APPURTENANCES. COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 19, SERIES OF 1967 BE PASSED ON SECOND AND FINAL I I I I I I I I Minutes of August 21, 1967 READING AND PUBLISHED IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the motion carried. BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1967 AN ORDINANCE VACATING A PORTION OF AN ALLEY LOCATED IN THE 3400 BLOCK OF SOUTH PENNSYLVANIA CONDITIONED UPON THE DEDICATION OF A NEW ALLEY TO REPLACE THE SAME AND RESERVING AN EASEMENT THEREIN FOR EXISTING SEWER, GAS, WATER AND SIMILAR PIPE- LINES AND APPURTENANCES AND FOR ELECTRIC, TELEPHONE AND SIMILAR LINES AND APPURTENANCES. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 20, SERIES OF 1967 BE PASSED ON SECOND AND FINAL READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the motion carried. City Attorney Criswell reported to members of the City Council that the action brought against the City for issuance of a liquor license to Mr. Andri Nagy, dba Golden Fiddle Restaurant had been tried and dismissed by the Court. Mr. Criswell stated that he expected an appeal of the Court's decision. City Manager Dial requested approval of Council for the attendance of Mrs. Phyllis Wiebe, Director of Libraries, at the Mountain Plains Library Association Conference in Lincoln, Nebraska, August 31 -September 2, 1967. Mr .• Dial stated that this would be at no .expense to the City of Englewood other than Mrs. Wiebe's time as the money for the trip would come from the State Library Association. · Mr. Dial also requested approval for attendance of Douglas Sovern, Fire Chief, at the International Fire .chiefs' Conference and Management School in San Francisco, California, September 7-14, 1967. Mr. Dial stated that the Volunteer Fire Department would pay those expenses other than registration. . - COUNCILMAN FULLERTON MOVED, COUNCILMAN •·-PARKINSON SECONDED, THAT APPROVAL FOR MRS. PHYLLIS WIEBE, DIRECTOR OF LIBRARIES, TO ATTEND THE MOUNTAIN PLAINS LIBRARY ASSOCIATION CONFERENCE IN LINCOLN, NEBRASKA, AUGUST 31 -SEPTEMBER 2, 1967, AND DOUGLAS C. SOVERN, FIRE CHIEF, TO ATTEND THE INTERNATIONAL FIRE 'CHIEFS' CONFERENCE & MAN- AGEMENT SCHOOL IN SAN FRANCISCO SEPTEMBER 7-14, 1967, BE GRANTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the motion carried. Introduced as a Bill by Councilman Fullerton, s. "·' Minutes of August 21, 1967 A BILL . . l .. ' . FOR AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A NEGOTIATED CONTRACT WITH PENNER CONSTRUC- TION COMPANY FOR THE RECONSTRUCTION OF A BRIDGE OVER LITTLE DRY CREEK AT SOUTH BANNOCK STREET NEAR WEST GIRARD AVENUE AND DECLARING AN EMERGENCY. :· I WHEREAS, there presently exists a severe traffic prob- lem within the City of Englewood due to the fact that West Girard Avenue is not presently open to vehicular traffic west of South Bannock Street, and WHEREAS, in order to open West Girard Avenue it will be necessary to reconstruct a bridge over South Bannock Street and to have constructed a culvert enclosing a portion of Little Dry Creek where the same exists upon property which is privately owned, and WHEREAS, the owner of said private property has already pre-pared plans and specifications for said project and has ·con- tracted with Penner Construction co. ·for ·t .he :completdon of that portion of said project to be constructed on said private property, and WHEREAS, by reason of the foregoing, Council deems it more expedient and in the best interest of the Cit.y to .waive the necessity for competitive bidding upon this project and to contract directly with Penner Construction Co. for completion of that portion of the project affecting public property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD as follows1 -Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a contract with Penner Construction Co. where- by the said Penner Construction Co., for the sum of $23,084.00 would undertake to: a -Remove the existing bridge located over Little Dry Creek at South Bannock Streetr . . . b -Install a new b~idge over :the eame, complete with . blacktop, walk.a,. curbs,, gutters and handrail sleevesr c -Install four _i-nlets and pipes under said bridge 1 and d -Repair the foundations of the ~~isting retaining wall, all in accordance with the box culvert extension d~awings, dated August 17, 1967, prepared by W. A. South and the material portions of the specifications for the EngleWOQd ShoppJ.nq Center. construction. The form of said contract shall be the same as the copy which is on file in the office of the Director of Public Works and which may be inspected by the public. Section 2. In view of the imminent need of this improve- ment, and in view of the fact that Penner CQnstruction Co. is ready to commence construction of that portion of the project to exist upon private property, the passage of this ordinance is necessary for the immediate preservation of the public property, health, peace and safety, by reason of which it shall become effective immediately upon its final passage. Introduced, read in full, passed on first reading and unan- imously approved by a quorum present at the regular meeting of the City council of the City of Englewood; Colo~ado held on Monday, the 21st day of August, 1967, and ordered published in the Englewood Herald and Enterprise. Attest: City Clerk-Treasurer I I I I I I I I Minutes of August 21, 1967 City Manager Dial stated that while the cut is open in Little Dry Creek for the enclosure west of Bannock Street, a sani- tary sewer line will probably be laid at an approximate cost of $4,000. Although the line is not required today, considerable money should be saved in the long run. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AS AN EMERGENCY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen _ Nays: None Absent: None The Mayor declared the motion carried. CERTIFICATE NO. 3, SERIES OF 1967 I, Stephen A. Lyon, Director of Finance, City of Englewood, County of Arapahoe, State of Colorado, do hereby certify that the following balances are unencumbered and available for appropriation within the Public Improvement Fund. Paving District No. 17 Paving District No. 16 $13,500 3,300 Datedz August 21, 1967 STEPHEN A. LYON Director of Finance RESOLUTION NO. 30, SERIES OF 1967 A RBSOLUTION APPROPRIATING CERTAIN MONIES WITHIN THE PUBLIC IMPROVEMENT FUND FOR BRIDGE CONSTRUCTION PURPOSES. WHEREAS, it has been deemed necessary by the City Council of the City of Englewood, Colorado to construct structures over Little Dry Creek at its intersections with South Bannock and South Sherman Streets, and WHEREAS, the engineering estimate for the South Bannock and Little Dry Creek structure is $23,200 and the amount currently appropriated is $20,000, and WHEREAS, the amount appropriated for the South Sherman Street and Little Dry Creek structure is $22,000 and the engineer- ing estimate is $28,900, and WHEREAS, the Director of Finance has certified that there is an unencumbered balance available for appropriation in the Public Improvement Fund of $16,500 is certain appropriations. NOW, THEREFORE, BE IT RESOLVED BY .THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. Section 1. That the following transactions be authorized by the City Council: Transfer of A,ppropriation from: Paving District No. 16 $3,000. Transfer of Appropriation to: Paving District No. 17 $7,100. South Sherman Street and Little Dry Creek structure $6,900. South Bannock Street and Little Dry Creek structure $3,200. Section 2. That the City Manager and the Director of Finance are hereby authorized and directed to make the above trans- actions prior to the close of the 1967 fiscal year. Attest: City Clerk-Treasurer Minutes of August 21, 1967 COUNCILMAN RICE MOVED, COUNCILMAN .LUDWIG -SECONDED, THAT RESOLUTION NO. 30, SERIES OF 1967, BE ADOPTED AND APPROVED •. Upon the call of the roll, the. vote resulted as · follows: Ayes: Councilmen Fullerton, Hanson, Kreiling,. Ludwig.,· Parkinson, Rice, Allen , ~ .... , .. Nays: None 1 •• Absent: None The Mayor declared the motion carried. ·1 • COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT TO ACCEPT $2,750.52 FROM THE STATE LIBRARY FOR USE BY THE ENGLEWOOD PUBLIC LIBRARY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the motion carried. The monthly financial report for the month of July, 1967 was received for the record. City Manager Dial stated that he had received a letter from Mrs. Jessie Wells, 2882 South Corona, requesting that the. City of Englewood not lower the salaries of professional librarians. Mayor Allen stated that he had received a letter from Lt. Wynn Richards, a soldier presently serv1ng in Viet Nam, who wishes to register in the forthcoming elections. Mayor Allen . read from a letter received . from the··parents of Mr. Claude D. Malone, Jr., former Assistant City Manager, express- ing their thanks to the City Council and appreciation for working with Claude while he was with the City. ·. Councilman Fullerton stated that he had been in error in regard to the passage of an ordinance regulating air pollution con- trol and backyard .incineration in the City of Englewood. Mr. Fuller- ton stated that instead of it being necessary for the City of Engle- wood to be the enforcing agency, all that is needed is an ordinance clarifying the jurisdiction of the Tri-County Health Department and in some cases allowing summons to the Municipal Court to be issued by the Tri-county Health Department. Mr. Fullerton stated that an Air Pollution Variance Board is not required of the City of Engle- wood, as it would be possible to go directly to the Board established by the Tri-County Health Department. Mr. Fullerton passed around a memorandum from Mr. Donald Turk concerning same. COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen Nays: None Absent: None The Mayor declared the meeting adjourned at 12:40 A.M. I I I I