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HomeMy WebLinkAbout1975-07-07 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 7, 1975 REGULAR MEETING: The City Cpuncil of the City of Englewood, Arapahoe County, Colorado, met in regular session on July 7, 1975, at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Councilman Howard Brown. The pledge of allegiance was led by Mayor Taylor. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Absent: Council Member Blessing. The Mayor declared a quorum present. Also present were: City Manager Mccown Assistant City Manager Nollenberger City Attorney Berardini Director of Finance James Director of Community Development Supinger Deputy City Clerk Johannisson • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE MINUTES OF THE COUNCIL MEETING OF JUNE 16, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • Meeting of July 7, 1975 2 Mayor Taylor asked Councilman Sovern to present placques to former Chief of Police Clasby and Fire Chief Hamilton. Also recognized was Capt. McFarland of the Fire Department. Former Chief Clasby, Chief Hamilton, and Capt. McFarland were recognized for the work that they did organizing and working with hazardous material conference. RESOLUTION NO. 35, SERIES OF 1975 A RESOLUTION CONGRATULATING AND COMMENDING MEMBERS OF THE ENGLEWOOD FIRE DEPARTMENT AND POLICE DEPARTMENT FOR THEIR PARTICIPATION IN THE COLORADO COMMISSION OF HAZARDOUS MATERIALS SEMINAR. (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE RESOLUTION NO. 35, SERIES OF 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. Councilman Sovern suggested that Englewood offer their facilities for the contin~ing support of the hazardous materials program. • • • • • Mr. Maurice Merlin, 3688 So. Sherman Street, was recognized. Mr. Merlin asked that cornrnents be made on items in the agenda relating to Communications, No Action Recommended, specifically 3E, the sales tax report, 3H, the status on the river redevelopment program, 3I, the intersection at Bannock Street and Kenyon. He also asked that City Manager Mccown comment on a newspaper article relating to gasoline contaminating Englewood water wells. He also commented that the noise caused by ambulances many times is not warranted because not all the ambulances are on emergency runs. He asked if the noise ordinance might be strengthened to require ambulances to be more judicious in their use of sirens. He also asked for comments relating to the water announcement where citizens were asked to curtail the use of their water. Meeting of July 7, 1975 3 Councilman Mann answered his question relating to water by stating that the announcement from the Assistant Utilities Director was in the form of a request, asking that Englewood citizens curtail the use of their water. It was by no means a mandate from the Council. City Manager Mccown answered Mr. Merlin's questions relating to the agenda items. Item 3E, sales tax revenues for 1975 are down 4.6% over those collected in 1974. Consequently, the City has revised the sales tax collection budget for the balance of 1975. At this point, the City is estimating that sales tax revenues will be down approximately 3.4% over 1974. Item 3H, the river redevelopment planned acquisition program. City Manager Mccown stated that as yet, no agreements on land purchase have been made, and no proceedings of eminent domain have been initiated. Item 31, the intersection of Bannock and Kenyon. City Manager Mccown stated that the changeover for the stop sign situation there has been rather lengthy. The reason for the long time in changing over was for safety reasons because many people are in the habit of going up Bannock and not having a stop sign, and consequently they did not want to chance an accident at that intersection, so consequently they had three stop signs to get people in the habit of the change. The City may take a look at a full signal at that location in the future. Relating to the gasoline in the well water, the City does not yet have a full story on the situation. Mrs. Oldenberg, 3700 block of South Lincoln, was recognized. She asked if copies of the Communications, No Action Recommended were available to see. City Manager Mccown answered that copies could be obtained from the Finance office or the City Manager's office. Relating to the noise control question of Mr. Merlin, City Manager Mccown stated that the City noise control officer will look at the ordinance relating to the use of emergency vehicles. In answer to Mr. Merlin's question about the water situation, City Manager Mccown explained that the treatment capacity was being reached at the water facilities, and, therefore, a voluntary curtailment of water use was asked. It was felt that the use of public media .was the quickest and easiest way to ask for citizen cooperation. • • • • • Meeting of July 7, 1975 4 Mr. Harold Rust, District Manager for Public Service Company, was present and he gave the quarterly franchise check to the City for $59,000. • • • • • A recommendation was presented from the Englewood Water and Sewer Board permitting Boy Scout Troop No. 263 from Englewood to use the City Ditch right-of-way between Belleview and Mansfield to establish a Centennial-Bi-Centennial hiking trail. In the study session prior to the City Council meeting, it was decided that this item to see if there were other Boy Scout Troops that would like to participate in this program. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE UNTIL JULY 21 A RECOMMENDATION CONCERNING PERMISSION TO USE THE CITY DITCH RIGHT-OF-WAY BY BOY SCOUT TROOP 263 FOR WILDERNESS TRAIL FOR THE CENTENNIAL-BI-CENTENNIAL CELEBRATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • Recommendations from the City Planning and Zoning Commission were presented relating to the changes in the criteria for zonings in the R-2 and R-3 districts. Director of Community Development Supinger was recognized, and he explained the proposed revisions to the R-2-A and R-2B zoning requirements. Councilman Sovern pointed out that the proposal was not to change the boundaries of the zoning districts, but to upgrade the standards within each of the zoning districts. Mayor Taylor reassured those citizens who were present that there were no proposed changes in the zoning boundaries. Mee t i n of July 7, 1975 5 City Manager Mccown explained the situation in depth and outlined the strip zoning proposals that had been made, and reassured the persons who were in attendance that strip zoning was not part of the proposal. In answer to Mrs. Oldenberg's question, City Manager I Mccown said that Planning and Zoning Commission meetings were open to the public and that they met twice a month. INTRODUCED AS A BILL BY COUNCILMAN SOVERN. A BILL FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 22.4-5 AND 22.4-6 ENTITLED "R-2-A AND R-2-B RESIDENTS DISTRICT", OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES 1963, AS AMENDED) WHEREIN SAID SECTIONS RELATE TO PERMITTED USES, MINIMUM LOT AREA, MINIMUM FLOOR AREA, MAXIMUM PERCENTAGE OF LOT COVERAGE, MINIMUM FRONTAGE OF LOTS, MINIMUM YARD REQUIREMENTS, HEIGHT REQUIREMENTS, ACCESSORY BUILDINGS, SIGNS AND CONDITIONAL USES. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO SECTIONS 22.4-5 AND 22.4-6 OF THE COMPREHENSIVE ZONING ORDINANCE, AND TO SET A PUBLIC HEARING ON AUGUST 4, 1975. Myrtle Jones, 5020 So. Washington, was recognized. She asked if the changes will affect her father's apartments in the areas. Councilman Clayton stated that these proposals will only affect new construction and do not affect existing buildings. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. • • • • • INTRODUCED AS A BILL BY COUNCILMAN JONES. A BILL FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 22.4-7 AND 22.4-8 ENTITLED "R-3-A AND R-3-B MULTI-FAMILY RESIDENCE DISTRICT", OF THE CITY OF ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES 1963, AS AMENDED) WHEREIN SAID SECTIONS Meeting of July 7, 1975 6 RELATE TO PERMITTED USES, MINIMUM AREA OF LOT, PERMITTED DENSITY BONUS SYSTEM, MINIMUM FLOOR AREA, LOT COVERAGE, OPEN SPACE, LANDSCAPING, UTILITIES, MINIMUM FRONTAGE OF LOT, MAXIMUM HEIGHT OF BUILDINGS, MINIMUM YARD AREAS, PERMITTED ACCESSORY USES AND ENVIRONMENTAL GUIDELINES. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO SECTIONS 22.4-7 AND 22.4-8 OF THE COMPREHENSIVE ZONING ORDINANCE, AND SETTING A PUBLIC HEARING FOR AUGUST 4, 1975. Director of Community Development Supinger outlined the proposed changes and showed the affected area on a map, and reiterated that this is only upgrading of standards affecting new construction. It would not affect units that were already in existence. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • INTRODUCED AS A BILL BY COUNCILMAN BROWN. A BILL FOR AN ORDINANCE AMENDING SECTION 22.8 ENTITLED "DEFINITIONS", OF THE COMPREHENSIVE ZONING ORDINANCE {ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) BY REVISING AND AMENDING CERTAIN DEFINITIONS CONTAINED IN SAID SECTION AND ADDING NEW DEFINITIONS THERETO. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING SECTION 22.8 OF THE COMPREHENSIVE ZONING ORDINANCE, AND SETTING A PUBLIC HEARING FOR AUGUST 4, 1975. Councilman Sovern stated that he was under the impression that the definition of a party wall would be included. Director of Community Development Supinger said that it was left out by mistake and that the Planning and Zoning Commission will give a definition of a party wall. Meeting of July 7, 1975 7 Councilman Clayton asked Whether the lack of this definition in the ordinance would hold up tha passage of the ordinance. City Attorney Berardini said that passage of the ordinance should proceed and the public hearing be held on August 4th and a change could be made after this time. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. * * * * • City Manager Mccown presented the recommendation of the Planning and Zoning Commission relating to proposed changes on movement and demolition of structures. Director of Community Development Supinger stated that the current ordinance does not meet the needs of the community in controlling the movement and demolition of structures. He said that all metro area companies who might be affected by this ordinance have been notified of the proposed changes. Councilman Clayton questioned the provisions relating to liability insurance coverage, stating that the amounts indicated in the proposed ordinance were, in his opinion, a little irregular in their combination. Mr. Supinger stated that the insurance amounts that were incorporated into the proposal were those suggested by a major metropolitan area insurance carrier for this type of coverage. Councilman Clayton asked that these limits be re- checked. INTRODUCED AS A BILL BY COUNCILMAN MANN. A BILL FOR AN ORDINANCE REPEALING ARTICLE I AND II, (CHAPTER 8) TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING" AND "WRECKING" AND REENACTING THE SAME WITH AMENDMENTS. Meeting of July 7, 1975 8 COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO ARTICLE I AND II, TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE, AND TO SET A PUBLIC HEARING FOR AUGUST 4, 1975. Councilman Sovern questioned the language contained in the ordinance relating to the bonding of the movers, which gives the chief building official the authority to increase the amount of bond, if he deems it necessary. City Attorney Berardini stated that while this language is not illegal, it would probably be better to state specific standards under which bonding should be increased. Councilman Jones stated that this language was used to cover only those unusual types of building moves. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO REFER PARAGRAPH 3-8-7 OF THE BILL FOR AN ORDINANCE REPEALING ARTICLE I AND II (CHAPTER 8) TITLE III, OF THE ENGLEWOOD MUNICIPAL CODE ENTITLED "MOVING" AND "WRECKING" TO THE PLANNING AND ZONING COMMISSION FOR CLARIFICATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE THE CHANGE OF OWNERSHIP FOR HUNGATE'S RESTAURANT AND LOUNGE FROM JAMES S. FOREMAN, 50%, LARRY J. ZIMMERMAN, 50%, TO LARRY J. ZIMMERMAN, 100%. Upon the call of the roll, the vote resulted as follows: Meeting of July 7, 1975 9 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CHANGE THE AGENDA TO CONSIDER THE SANTA FE-UNION ANNEXATION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. City Attorney Berardini stated that the trial court had turned down the Santa Fe-Union Annexation in a decision rendered on June 17, 1975. He recommended that the City Council appeal the court's decision. Councilman Sovern stated that in the study session preceding the Council meeting, it was decided to have a report rendered on the subject to the Council for their consideration in a special study session. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DIRECT THE CITY STAFF TO PREPARE A BACKGROUND STUDY OF THE SANTA FE-UNION ANNEXATION FOR THEIR CONSIDERATION IN A SPECIAL STUDY SESSION TO BE HELD JULY 14, 1975. City Attorney Berardini outlined the necessary time- table for the appeals procedure. He said that the City had received a short extension for the filing of their appeal. Mayor Taylor stated that the City Council needs all past and current information relating to this subject so that the Council can weigh all of the alternatives. He said he does not want to make a decision at this time, because we only have six councilmen present and he feels that all councilmen should be present to make this decision. Meeting of July 7, 1975 10 Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. * * * * • INTRODUCED AS A BILL BY COUNCILMAN JONES. A BILL FOR AN ORDINANCE AMENDING CHAPTER 4, TITLE XIII OF THE 1969 E.M.C. ENTITLED "SALES AND USE TAX", BY ADDING A NEW SECTION THERETO EXTENDING THE SALES AND USE TAX LEVIED BY SAID CHAPTER THROUGH DECEMBER 31, 1981, AND DIRECTING THEREAFTER THAT SAID TAX BE DECREASED AS SHOWN HEREIN AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO SALES AND USE TAX. Councilman Mann stated that he was under the impression that this item was going to be tabled until additional information could be received relating to capital improvement plans. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO TABLE CONSIDERATION OF A BILL FOR AN ORDINANCE CONCERNING THE THIRD CENT SALES TAX UNTIL A FIVE-YEAR CAPITAL IMPROVEMENT PLAN IS PRESENTED BY THE PLANNING AND ZONING COMMISSION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • The Council meeting was interrupted by Mel Rabinowitz, 1262 Columbine, Denver. Mr. Rabinowitz asked whether the study Meeting of July 7, 1975 11 session relating to the Santa Fe-Union annexation was an open session and if the parties affected could attend and make comments. Mayor Taylor stated that the meeting was open and that they were welcome to attend the session. councilman Mann asked City Attorney Berardini I whether it was in the best interests of the City Council to have this meeting open to the public. City Attorney Berardini said that in his opinion it should be an executive session and not be open. Councilman Mann stated that this session was for the Council to decide whether they should appeal the decision made by the court and he reminded Mr. Rabinowitz that this has already been through the courts and that there is really no need to have public opinion enter into it at this time. City Attorney Berardini said that the City Council may wish to open the session to listen to a spokesman for the group and then close the session for their own discussion and final decision as to whether they want to pursue an appeal. Mr. Rabinowitz stated that in his opinion this session should be open for public opinion and that all persons affected should be able to attend. Councilman Mann reiterated his previous statement that this session was for the City to make its decision as to the future action of the City relating to the annexations. Councilman Sovern expressed his fears that he did not want to get into a situation where two parties got into an un- controlled exchange. He stated that a format might include that they have a spokesman at the study session to give their opinion and that the City Council would then close the meeting and meet in executive session for discussion and decision. Mayor Taylor invited Mr. Rabinowitz to have a come to the special session to be held on July 14, 1975 after which the Council will meet in executive session. that the presentation be limited to 30 minutes. • • • • • INTRODUCED AS A BILL BY COUNCILMAN MANN. A BILL FOR spokesman at 6:30 P.M. He asked AN ORDINANCE AMENDING SECTION 13 (f) OF CHAPTER 3, TITLE V, OF THE 1969 E.M.C. ENTITLED "DISCIPLINARY ACTIONS AND APPEALS", BY EXTENDING THE TIME PERIOD IN WHICH THE CAREER SERVICE BOARD SHALL MAKE ITS FINDINGS A MATTER OF RECORD. Meeting of July 7, 1975 12 COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE RELATING TO DISCIPLINARY ACTIONS AND APPEALS, DEALING WITH THE CAREER SERVICE BOARD. City Attorney Berardini stated that this proposal would permit the Career Service Board to have 20 days within which to make a decision on disciplinary actions and appeals instead of five days. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • City Attorney Berardini reported on questions relating to rights-of-way around utility lines. He explained easements and rights-of-way and how they affect our relations with other communities, in relation to our utility lines and their utility lines. Questions specifically arose in relation to Englewood crossing Denver Water Board easements. It was decided to discuss the complexities of this subject in a session other than a formal Council meeting. • • • • • Mr. Morris Jones, 5020 South Washington, was recognized. He praised the work of the City Water Board for their quick action in relation to a cave-in he had on his property. • • • • • City Attorney Berardini stated that the City has been sued by Mrs. Elmer Reffel contending that the City has trespassed on her property in completing work on Paving District No. 22. He asked that he be given approval to pursue the law suit. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PURSUE A LAW SUIT FILED BY MRS. ELMER REFFEL RELATING TO TRESPASS. Upon the call of the roll, the vote resulted as follows: Meeting of July 7, 1975 13 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • In answer to Councilman Jones' question about the lawsuit relating to route 285 at Clarkson, City Attorney Berardini said that the City had received an extension of time in order to file a brief. • • • • • City Manager Mccown asked that the approval be given to send five members of the Police Department to the FBI Academy for special training in anti-sniper and survival training. He said that there would be no shortage of manpower because schedules would be arranged to cover. This program would be no expense to the City as all expenses would be reimbursed by the FBI. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A REQUEST FROM THE ACTING CHIEF OF POLICE TO SEND FIVE PATROLMEN TO THE FBI ACADEMY FOR TRAINING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • City Manager Mccown reported that there is a need to appoint a member to the Water and Sewer Board. • • • • • City Manager Mccown reported that the City Council must fill a vacancy on the Career Service Board created by the resignation of Mrs. Winifred Uhlinger. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPOINT JO ELLEN TURNER TO THE CAREER SERVICE BOARD WITH HER TERM TO EXPIRE MARCH 15, 1976. Upon the call of the roll, the vote resulted as follows: Meeting of July 7, 1975 14 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. Mrs. Turner was in the audience and was introduced. • • • • • City Manager Mccown said that the report requested relating to hazardous sidewalks was, as yet, not ready. He said that the information that was requested is in the process of being collected as questionnaires have been sent out to those parties affected. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO TABLE CONSIDERATION OF THE HAZARDOUS SIDEWALKS TO JULY 21, 1975. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. • • • • • Mayor Taylor asked that the City Attorney draw up a resolution reappointing Barry Slater to the Housing Authority. • • • • • Councilman Brown said that he had attended the dedication of both Rqmans Park and Cushing Park and was very impressed by the dedication ceremonies, and he was proud that we have these types of parks in the City of Englewood. • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO ADJOURN. Upon the call of the roll, the vote resulted as follows: Meeting of July 7, 1975 15 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried and the meeting was adjourned at 9:50 P.M. Deputy