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HomeMy WebLinkAbout1975-11-17 (Regular) Meeting Minutes, COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO November 17, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Hovember 17, 1975 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Rev. Stanley Fixture of the Englewood United Methodist Church. The Pledge of Allegiance was led by Cub Scout Pack 1?3. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Brown, Clayton, and Mayor Taylor. Absent: Council Member Blessing. The Mayor declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Director of Utilities Carroll Acting Director of Community Development Romans Fire Chief Hamilton Deputy City Clerk Johannisson • • • • • • City Manager Mccown asked that a correction be made on page 15 of the preceeding City Council meeting minutes, that part relating to the Civil Defense Director. He asked that the phrase in the second sentence, "but that this year the Civil Defense Director requested that the person be appointed by name", be stricken and the following phrase be inserted, "and is appointed by name. He asked that the Chief of Police again be appointed by name". COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE THE MINUTES OF THE MEETING OF NOVEMBER 3, 1975 AS CORRECTED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. November 17, 1975 Page 2 Nays: None. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • Martin Lathrup, 3259 South Clarkson, was introduced by Mayor Taylor. Mayor Taylor presented him with a Distinguished Service Award for the work that he did in preparing the Englewood celebration of the anniversary of the United Nations. Mr. Lathrup addressed the audience and stated his appreciation for the award. • • • • • • Mayor Taylor introduced the two new Councilmen who were elected, Donald Smith and Donald Williams. • • • • • • Harvey Pratt, 4810 South Inca, indicated that he was at the City Council meeting to ask for official approval for the expansion of Drug Fair located in the 4200 block of South Broad- way. This is in compliance with the state liquor codes. He said that the expansion would be doubling the size of the drug store. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECOHDED A MOTION TO APPROVE THE REQUEST FOR REMODELING OF DRUG FAIR LOCATED AT 4204 SOUTH BROADWAY. Upon a 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 Clayton assured those in the audience that the City Council has given a great deal of consideration to this request, and he pointed out that they had a three-page report relating to the Drug Fair request. • • • • • • I November 17, 1975 Page 3 Tina Warden, 3001 West Bellewood, discussed her request for rezoning of her residence to accommodate the business of a wig shop. She explained her personal situation and why she desired the rezoning. COUNCILMAN MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO CONSIDER ITEM 4-f OUT OF AGENDA SEQUENCE RELATING TO A RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION REGARDING DENIAL OF REZONING REQUEST OF TINA WARDEN, 3001 WEST BELLEWOOD. Upon a 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. In response to Councilman Mann's questions, Mrs. Warden said that the neighbors in her area had signed a petition to rezone her residence for business use. She also stated that in the immediate area there are other businesses. Across the street there is a bicycle shop, an insurance office, a beauty shop; and on down the street are several offices. Also, across Federal is the Centennial Shopping Center complex. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO DENY THE REQUEST FOR REZONING OF THE SUBJECT PROPERTY BECAUSE OF THE FINDINGS OF FACT PRESENTED BY THE PLANNING AND ZONING COMMISSION. In response to Councilman Clayton's question, Mrs. Romans, Acting Director of Community Development, said that if the request is denied there are no provisions for operating a limited business in an R-1-A zoned area. Councilman Jones pointed out that zoning is not limited to the present owner but carries over to future owners. This would open up possibilities for many different types of businesses to be carried on at that location in the event that Mrs. Warden should sell the property in the future. Councilman Mann pointed out that the surrounding area is essentially a business area to the south and to the east, and that the desires of the citizens in the area indicate that they are in favor of permitting a business at this loca- tion. November 17, 1975 Page 4 Councilman Sovern stated that spot zoning of this type in the Sheridan area has caused a great deal of problem, as one can see by driving along Federal in the City of Sheridan. Councilman Mann stated that he sees no problem in extending the B-2 zoning along Federal to Chenango if the owners in that area should desire it. A discussion between Councilman Mann and Councilman Jones ensued relating to zoning in that area. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Brown, Clayton. Nays: Council Members Mann, Taylor. Absent: Council Member Blessing. The Mayor declared the motion carried. Mrs. Warden questioned the decision of Council. Councilman Sovern asked if limited business is per- mitted under other residential zoning. Mrs. Romans stated that it would involve an interpretation of R-1-C zoning as to whether this could be included. Councilman Brown stated that the City will check into other rezoning possibilities in order to possibly accommodate Mrs. Warden's request. • • • • • • Mrs. Therle Oldenburg, 3776 South Lincoln, spoke on the situation that exists relating to the rezoning request for R-2-A to R-1-C for the area bounded by Oxford and Kenyon and the Broadway-Lincoln alley and the Sherman-Grant alley. She ques- tioned Councilman Brown's introduction of the motion at a Council meeting and then turning around to vote against the request in a Planning and Zoning Commission meeting. She stated that the residents in the eight square blocks do not want any multi-unit dwelling units built in the area. She gave a brief background relating to the controversy. She I said that the area is primarily single family dwellings with some having apartments and some duplexes. This type of zoning was permitted under the old R-2-A. If the area was zoned R-2, the introduction of multi- family dwellings would be permitted. The citizens do not want this. The introduction of a R-1-C zoning is, in their opinion, the lesser of the two evils and would accept it as such. November 17, 1975 Page 5 Mrs. Oldenburg stated that the great majority of people in the area want the previous zoning of R-2-A. She stated that of all the people that were at the Planning and Zoning Co111nission meeting of October 20, 1975, only six to eight people there were in favor of R-2 zoning. She finished by referring to a letter from John Criswell relating to the zoning situation. Mayor Taylor referred to the Council action relating to the rezoning and stated that the fourteen-unit apartments as previously in the R-2-B had been changed to permit only quadruplexes. COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CONSIDER ITEM 4-e OUT OF AGENDA SEQUENCE RELATING TO THE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING OF OCTOBER 21 AND 22 WITH RECOMMENDATIONS FROM THEIR MEETING OF NOVEMBER 11, 1975, CONCERNING ZONING OF LAND IN THE CITY FORMERLY ZONED AS R-2-A, R-2-B, R-3-A and R-3-B to R-1-C, R-2 and R-3. Upon a 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. Deputy City Clerk Johannisson read a letter from John Criswell. That letter read as follows: November 17, 1975 Mayor and Councilmen City of Englewood 3400 South Elati Englewood, Colorado 80110 Re: Planning Commission Recommendation in Case No. 28-75 Gentlemen: The undersigned represents a group of property owners in the area subject to the above zoning request. We appeared before the Planning Commission to protest the change in zoning from its former R-2-A to its requested R-1-C. By letter dated November 12, 1975, from the Acting Director of Community Development, we were advised that the Commission recommended November 17, 1975 Page 6 against the R-1-C zoning, but that it was anticipated that Council would give the Commission some direction upon the matter. In the undersigned's view, Council is faced with several alternatives, but it must bear in mind that it is operating under some severe time limits. It seems to us that the only possible zoning which could be considered for the subject area would be either R-1-C or R-2. Indeed, it is our opinion that to deny the property owners in the area the right to use their property to build duplexes, at least, as they have had the right to do since 1963, would constitute a deprivation of property without due process. Be that as it may, it is our understanding that Council now has the option either of scheduling a public hearing on the R-1-C request or of refusing to do so. On the other hand, Council cannot, in our opinion, consider zoning this ground R-2 until the Commission has held a public hearing on the matter. Thus, if Council schedules a hearing on the request for R-1-C, and later denies that request, the area shall, legally, be in an unzoned state. On the other hand, should Council grant such a request and zone the ground R-1-C, our clients shall be compelled, because of a recent Colorado Supreme Court decision, institute legal proceedings within thirty days, even though we were to con- clude that Council's action was merely a "stop-gap" measure. Neither result is desired by our clients, nor by the City, itself, we are sure. May we suggest, then, that Council consider the following action: 1. Table the matter of the R-1-C zoning for the present; 2. Direct the Planning Commission to consider R-2 zoning for this area; 3. Upon Council's receipt of the Commission's recommendation upon R-2, Council could then: a. Schedule a hearing on the R-1-C request; and b. Schedule a substantially simultaneous hearing on the R-2 recormnendation. No v e mb e r 1 7, 1 9 7 5 Page 7 4. Council would then be presented with the alternative of either R-1-C or R-2, but it would be presented under circumstances where Council's decision could be a con- sidered one and one which would have some finality to it. Of course, our clients would prefer Council not to hold a public hearing upon the R-1-C request and, since the Planning Conunission has recommended against that zoning, it is our understanding that Council has the right to refuse to hold such a hearing. However, if it is Council's desire to hold a hearing upon the matter, we respectfully suggest that it not be held until the Conunission gives to Council its recom- mendation upon an alternative zoning and Council has before it a choice of actions. Sincerely, /s/ John A. Criswell For CRISWELL, PATTERSON & BALLANTINE City Attorney Berardini explained the possible actions open to City Council regarding this rezoning situa- tion: 1. City Council can pass the R-1-C zoning for that area over the adverse decision of the Planning and Zoning Co111nission after another public hearing is held. 2. City Council may act on another classifica- tion after they have the appropriate public hearings. 3. City Council can refer this matter back to the Planning and Zoning Commission for a favorable recommendation on R-2 zoning or other zoning as they deem appropriate. City Attorney Berardini further outlined the time- table within which Council must make its decision. In answer to Councilman Clayton's questions, City Attorney Berardini stated that he does not know who the clients are of Mr. Criswell; and he does not see any reason why they cannot find out who the clients are. Mayor Taylor asked if any of the clients of Mr. Criswell would identify themselves. There was no answer. November 17, 1975 Page 8 Mayor Taylor said that the question before the Council at this meeting is to make a decision relating to the zoning of the area in question. Councilman Sovern stated that of the seven Council-I men, five do not possess a complete understanding of the Planning and Zoning Commission's facts and findings, and that it is important that they familiarize themselves com- pletely with the subject. Steve Allen, 4020 South Lincoln, stated that many public hearings have already been held and that, in his opinion, the public has attended but have not been listened to. He stated that any further public hearings and attend- ance by those who have a concern would seem rather futile. Councilman Sovern reiterated his opinion that the Council needs to have complete facts relating to the subject before it makes a decision, and as it stands now the Council Members who are not on the Planning and Zoning Commission do not have all the facts. Mr. Allen asked if the City Council could assure that the people will be heard and listened to in future sessions. Mayor Taylor stated that, in his opinion, the Council and the Planning and Zoning Commission have listened to the cormnents of the citizens. He presented a hypotheti- cal situation relating to the consequences that might be realized if an extensive development is attempted under the planned R-2. He feels that it would be economically unfeasi- ble. He stated that, in his opinion, changing the area to an R-1-C zoning would be regressive. The property in that area would then become worth much less. He said that the City is attempting to eliminate developers coming in and building the small buffet-type apartments. Actually, the new R-2 zoning proposition is an upgrading of the zoning. Mayor Taylor further explained that, as he understands it, much of the information which was presented by petitioners did not give a complete picture of the situation and that all signers did not understand what they were signing. Mr. Allen stated that all signers of the petition were given information prior to their signing. Mrs. Oldenburg objected to the allegation that she mislead those that signed the petitions. She stated that the information relating to the proposed zoning changes were given to the petitioners prior to the signing. She said that she does have a hang-up, and that is that people should speak out to their government when they feel things are not going correctly. She said that the City should have amended the old R-2-A in order to strengthen it instead of creating a November 17, 1975 Page 9 new zoning. She stated that, in her opinion, quadruplexes are just a block-busting technique. Councilman Brown clarified his position as it relates to the situation in past meetings. He stated that he introduced the initial motion because he felt that the R-1-C zoning was right for that area, but he then changed his opinion after he was presented with additional informa- tion and therefore voted against it in the Planning and Zoning Commission meeting. COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CONSIDER REZONING FOR THE AREA IN QUESTION ON DECEMBER 1, 1975, AFTER REVIEWING THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION. Mary Campbell, 3865 South Lincoln, asked what would happen if the new Council comes in with no decision having been ma.de. She said that the citizens in the area just want to be left as they are with the old R-2-A zoning. She asked why Council cannot reinstate the old R-2-A zoning in order to comply with the wishes of the citizens. She also stated that they should consider putting the decision up to a vote of the people that would be affected. Councilman Sovern stated that it is the intent of the Council and the Planning and Zoning Commission to upgrade the level of the new housing that could be built in the City. Councilman Jones pointed out that the City is con- strained by court decisions as to what it can do in relation- ship to rezoning. Mrs. Oldenburg agreed with Councilman Sovern by stating she is in favor of upgrading new building, but she also stated that the citizens in the area do not want multi- unit housing to be permitted. Councilman Mann read the background from the Planning and Zoning Commission relating to the decisions about rezoning for R-2-A and R-2-B. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None. November 17, 1975 Page 10 Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • Mayor Taylor called a recess at 9:15 p.m. The Council meeting reconvened at 9:30 p.m. Upon a call of the roll, the following were present: Council Members Jones, Sovern, Mann, Brown, Clayton and Mayor Taylor. Absent: Council Member Blessing. The Mayor declared a quorum present. • • • • • • Communications -No Action Recommended on the agenda were accepted without comment: (a) Minutes of the Election Commission meeting of November 6, 1975. (b) Minutes of the Board of Adjustment and Appeals of October 8, 1975. (c) Status Report on the Recovery of Energy and Materials from Solid Waste. (d) Memorandum from the Personnel Director to the City Manager concerning his attendance at the Annual International Personnel Management Association Conference from October 19-23, 1975. • • • • • • Councilman Sovern stated his concern about the state of the Civil Defense program. He indicated he would like to see the City Manager and the staff to work on the problem of developing a comprehensive Civil Defense plan for the City to include non-emergency employees as well as the emergency employees. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY MANAGER AND THE CITY STAFF TO BEGIN PREPARATION OF A COMPREHENSIVE EMERGENCY PREPAREDNESS PLAN AND BRING RECOMMENDATIONS IN AREAS IN NEED OF FURTHER STUDY BACK TO CITY COUNCIL AS SOON AS POSSIBLE. Upon a call of the roll, the vote resulted as follows: November 17, 1975 Page 11 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • David Batchelor, 7101 South Webster, Littleton, presented a letter from the Englewood Centennial-Bicentennial Committee outlining a request to change Resolution No. 44, Series of 1975, in order to conform to the new direction and project as approved by the Centennial-Bicentennial Committee. He outlined seven points: 1. The Committee is to undertake a fund-raising campaign to raise $100,000 toward construction of a recreational center for the elderly. 2. City Council would approve using City funds for the remainder of construction costs estimated to be an additional $500,000. 3. Contributions received from the community may be designated as living memorials. 4. Contributions received may be pledged and payable over a three-year period. 5. The center name to be open for memorializa- tion by individuals or businesses that may wish to donate in excess of $50,000. 6. All funds donated, plus accrued interest, be returned to the donor should the center not be built. 7. The City Manager prepare preliminary plans for the aforementioned center. The letter was signed by Grady Franklin Maples and Kenneth E. Mausolf. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE A NEW RESOLUTION REPEALING RESOLUTION NO. 44, SERIES OF 1975, AND TO INCORPORATE THE ITEMS LISTED IN THE LETTER FROM THE CENTENNIAL-BICENTENNIAL COMMITTEE WITH THE FOLLOWING EXCEPTIONS: PARAGRAPH 5, THE FIRST November 17, 1975 Page 12 SENTENCE SHALL READ, "PORTIONS OF THE CENTER MAY BE OPEN FOR MEMORIALIZATION BY INDIVIDUALS OR BUSINESSES THAT MAY WISH TO DONATE IN EXCESS OF $50,000; PARAGRAPH 6 SHOULD READ, "ALL FUNDS DONATED PLUS ACCRUED INTEREST, LESS EXPENSES INCURRED FOR THE FUND RAISING CAMPAIGN, WILL BE PROPORTION- ATELY RETURNED TO THE DONOR SHOULD THE CENTER NOT BE BUILT." COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO AMEND ITEM 4 BY ADDING THAT THE AUDITOR FOR THE CITY OF ENGLEWOOD WILL PERIODICALLY AUDIT THE FUNDS IN THE ACCOUNT. Assistant City Manager Nollenberger stated that this would automatically be done by the auditor during his audit of the City. Councilman Mann and Councilman Clayton removed their motion and second. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AMEND BY CHANGING PARAGRAPH 7 TO PARAGRAPH 8 AND ADDING A NEW PARAGRAPH 7 TO READ AS FOLLOWS: "THE FUNDS ARE TO BE GIVEN TO THE CITY OF ENGLEWOOD AS A GIFT FROM THE CITI- ZENS AND THAT THE FUNDS BE USED FOR A RECREATIONAL CENTER FOR THE SENIOR CITIZENS OF ENGLEWOOD." Upon a call of the roll, the vote on the amendment 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 Clayton questioned whether this money must be used for a new building or whether it can be used to rehabilitate an existing building. As it stands, it is not stated in the letter. Councilman Mann stated that in his opinion Council is not ready to make this type of a determination. Councilman Sovern stated that we are talking about a new structure because it is easier to sell a new structure in the context of fund raising. November 17, 1975 Page 13 Councilman Mann stated that the City Council should not eliminate any possible options which are avail- able. Mr. Batchelor stated that, in his opinion, if $100,000 is not raised the Conunittee and the Council can then negotiate, as to the disposition of the project. In answer to Councilman Mann's question, Mr. Batchelor stated that if under $100,000 is raised the funds would still be given to the City. Councilman Sovern stated that the City has budgeted $500,000 for this project. Even if the $100,000 is not raised by the Conunittee, the project would not be that far off finan- cially from the needed money goal. Upon a call of the roll, the vote on the motion as amended 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 JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO REFER TO THE PARKS AND RECREATION COMMISSION A RECOMMENDATION FROM THE CENTENNIAL-BICENTENNIAL COMMITTEE CON- CERNING THE RENAMING OF INTERCHANGE PARK TO SKERRITT PARK. Upon a 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 JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE AN ENCROACHMENT FIVE FEET OVER CITY PROPERTY FOR AN OVERALL LENGTH OF SIXTY-THREE FEET WHICH WILL BE EIGHT FEET ABOVE THE SIDEWALK AT 101 WEST HAMPDEN AVENUE FOR THE ASPEN TREE GALLERY. Upon a call of the roll, the vote resulted as follows: November 17, 1975 Page 14 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • City Attorney Berardini gave a short background of the American Metal Climax-Dravo Corporation court case. He recommended that the City Council accept the offer by Amax to settle for $86,355.88 and that the City insure that it be held harmless from any future litigation in this matter. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE RECOMMENDATION TO ACCEPT SETTLEMENT IN THE AMERICAN METAL CLIMAX-DRAVO CORPORATION SUIT FOR $86,355.88 AND THAT IT INSURE THAT THE CITY BE HELD HARMLESS FROM ANY FUTURE LITIGATION IN THIS MATTER. Upon a 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 CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CONSIDER ITEM 6-d and 6-e IN THE AGENDA RELATING TO A RESOLUTION CONCERNING FLAT RATE WATER INCREASES FOR 1976 AND A RESOLUTION CONCERNING INCREASES OF METERED WATER RATES FOR 1976. Upon a 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. November 17, 1975 Page 15 RESOLUTION NO. 57, SERIES OF 1975 A RESOLUTION ESTABLISHING A REVISED SCHEDULE FOR FLAT WATER RATE SERVICE. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE RESOLUTION NO. 57, SERIES OF 1975. Councilman Mann stated that he is against this resolution and the next one, and he further stated that in order for him to be for this the City must improve its water service and pressure in the southern area of the City, par- ticularly in the Fox, Huron, and Chenango area. Councilman Sovern stated that this item was con- sidered at the previous Council meeting and that an amend- ment was introduced and passed relating to standby require- ments. He asked that this be dropped from the resolution. Councilman Clayton, who had seconded the amendment at the previous meeting, agreed. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: Council Member Blessing. The Mayor declared the motion carried. In response to Councilman Clayton's question, Director of Utilities Carroll explained that testing was being carried on in the area referred to by councilman Mann with the hopes of eventually improving the service. • • • • • • RESOLUTION NO. 58, SERIES OF 1975, A RESOLUTION ESTABLISHING REVISED SCHEDULES FOR METERED WATER SERVICE. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE RESOLUTION NO. 58, SERIES OF 1975. Councilman Mann stated that, in his opinion, it is not equitable for ten percent of the population to be metered November 17, 1975 Page 16 and ninety percent to be not metered. should give the ten percent presently opportunity to determine whether they rates. He said that the City on metered rates the want meters or flat Councilman Clayton said he shares his concern for the required meters in ten percent of the residences. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Brown, Clayton, Taylor. Nays: Council Member Mann. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • Councilman Clayton stated that the City Council keeps getting comments in relation to the rezoning request for the Oxford, Kenyon, Sherman, Lincoln area, "keep us the way we are". He asked Acting Director of Community Develop- ment Romans what would be involved if the Council did not accept the new R-2 and R-3 zones and returned to the old zoning and begin amending those zonings. Mrs. Romans stated that it would take two public hearings to return to the old zoning, plus two additional public hearings to make any further cor- rections; and the total time span would be approximately six months. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN JONES, A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A RESIDENCE DISTRICT TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE REZONING SEVERAL DIS- CONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-A RESIDENCE DISTRICT TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY, AND SETTING A PUBLIC HEARING ON DECEMBER 16, 1975. Upon a call of the roll, the vote resulted as follows: November 17, 1975 Page 17 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 SOVERN, A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-B RESIDENCE DISTRICT TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-2-B RESIDENCE DIS- TRICT TO R-2 MEDIUM DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY, AND SETTING A PUBLIC HEARING FOR DECEMBER 16, 1975. Upon a 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 CLAYTON, A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-3-A MULTI-FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. November 17, 1975 Page 18 COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLE- WOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-3-A MULTI-FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY AND SETTING A PUBLIC HEARING FOR DECEMBER 16, 1975. Upon a 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 REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-3-B MULTI-FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCILMAN BROWN MOVED AND COUNCILMAN JONES SECONDED . A MOTION TO APPROVE A BILL FOR AN ORDINANCE REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, STATE OF COLORADO, FROM R-3-B MULTI-FAMILY RESIDENCE DISTRICT TO R-3 HIGH DENSITY RESIDENCE DISTRICT AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY AND SETTING A PUBLIC HEARING FOR DECEMBER 16, 1975. Upon a 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. • • • • • • I November 17, 1975 Page 19 City Attorney Berardini stated that the last time to consider R-1-C rezoning of the Oxford-Kenyon-Lincoln- Sherman area is drawing close for this Council. He stated that at the end of the year all bills which have been intro- duced will have to be reintroduced by the new Council, so if this Council wants to act on this rezoning request they must introduce a bill on December 1st and have a public hearing so that it can be acted upon before December 31st. If the Council introduces action on December 1st, publication could be made in the December 3rd newspaper. Since fifteen days notice is required, the earliest that final action can be taken would be December 18th. Therefore, if final action is desired by this Council a special session would be needed subsequent to this date. City Attorney Berardini asked for direction on this subject. Councilman Clayton asked that City Attorney Berardini have a bill for an ordinance drawn up for the next Council meet- ing. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO REQUEST THE PLANNING AND ZONING COMMISSION TO INVESTIGATE R-2 ZONING IN SOME FORM FOR THE AREA IN QUESTION (OXFORD-KENYON-LINCOLN-SHERMAN). Councilman Sovern explained that he would like the Planning and Zoning Commission to give the Council direction on this particular area. Councilman Mann stated that he likes this alterna- tive for the area in question. Upon a 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 RENEW ALL LIQUOR LICENSES EXPIRING ON DECEMBER 31, 1975, EXCEPT PANCHOS PENDING A REPORT BACK TO COUNCIL ON THE VIOLATIONS AT PANCHOS. November 17, 1975 Page 20 Assistant City Manager Nollenberger stated that Panchos is in the process of sale and has not been open for a couple of months. Councilman Clayton questioned the many calls at the Studio Lounge. Councilman Mann stated that Council should not penalize a liquor outlet because they have a high number of calls. Upon a 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 JONES SECONDED A MOTION TO APPROVE THE 3.2 BEER LICENSE RENEWAL FOR SAFEWAY STORE LOCATED AT 125 EAST HAMPDEN AVENUE. Upon a 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 MANN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO RENEW THE 3.2 BEER LICENSE FOR SEVEN-ELEVEN STORE LOCATED AT 1277 EAST HAMPDEN AVENUE. Upon a 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. • • • • • • I November 17, 1975 Page 21 INTRODUCED AS A BILL BY COUNCILMAN CLAYTON, BY AUTHORITY ORDINANCE NO. 43 SERIES OF 1975 AN ORDINANCE AMENDING CHAPTER 4, TITLE 15, OF THE 1969 ENGLE- WOOD MUNICIPAL CODE BY REVISING THE SCHEDULE OF RATE AND CHARGES FOR SANITARY SEWER SERVICE. COUNCILMAN CLAYTON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE ORDINANCE NO. 43. Upon a 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 CLAYTON, BY AUTHORITY ORDINANCE NO. 44 SERIES OF 1975 AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 1 THROUGH 14, ARTICLE l, CHAPTER 11, TITLE 11, OF THE 1969 ENGLEWOOD MUNICI- PAL CODE RELATING TO DOGS. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE ORDINANCE NO. 44, SERIES OF 1975. Henry Morgan, 4231 South Cherokee, spoke against various aspects of the ordinance. Mayor Taylor spoke about his concern for the citi- zens of Englewood and the problems that exist with dogs. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. November 17, 1975 Page 22 Nays: None. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN, A BILL FOR AN ORDINANCE APPROVING THE AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF ENGLEWOOD, COLORADO, AUTHORIZ- ING THE CITY OF DENVER TO MAKE A SANITARY SEWER LINE CONNEC- TION AT SOUTH UNIVERSITY BOULEVARD AND EAST FLOYD AVENUE WITHIN THE CITY OF ENGLEWOOD, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLE- WOOD. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROV- ING AN AGREEMENT BETWEEN THE CITY AND COUNTY OF DENVER AND THE CITY OF ENGLEWOOD, COLORADO, AUTHORIZING THE CITY OF DENVER TO MAKE A SANITARY SEWER LINE CONNECTION AT SOUTH UNIVERSITY BOULEVARD AND EAST FLOYD AVENUE WITHIN THE CITY OF ENGLEWOOD, AND AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE CITY OF ENGLEWOOD. City Manager Mccown stated that the phrase "acting by and through its Board of Water Conunissioners" should be struck because the City is making the agreement with the City and County of Denver. The same should be struck from the text of the bill. Upon a 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. • • • • • • November 17, 1975 Page 23 Councilman Sovern commented on the relocation of the bus stop from Wyatt's Cafeteria to the Shamrock Mall. He said that it was his understanding that the entire bus stop was to be relocated to the Shamrock Mall, and that there would no longer be any layovers at Wyatt's Cafeteria stop. ·As it exists now, there is a tremendous safety problem at that area, and he heard there was another pedestrian/auto accident at that location. He asked that the accident records at the Wyatt's Cafeteria bus stop be investigated and reported back to Council. A lengthy discussion ensued relating to the reloca- tion of the bus stop. RESOLUTION NO. 59, SERIES OF 1975, A RESOLUTION RECOMMENDING TO THE REGIONAL TRANSPORTATION DISTRICT THAT THE LOCATION FOR A BUS TERMINAL BE LOCATED ADJACENT TO THE SHAMROCK MALL, CINDERELLA CITY. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE RESOLUTION NO. 59, SERIES OF 1975. Upon a 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 a suit against the Valley Water District. He stated that a water main broke at Belleview and Linden Drive in 1972 and the Finance Depart- ment of the City has finally given up on making a collection on the damages. He requested that City Council authorize the City Attorney to attempt collection through legal channels. The amount in question is in excess of $6,000. City Attorney Berardini stated that the Valley Water District, as he under- stands it, is not solvent; and by bringing suit the treasurer of the Water District would then have to certify any request for payment to the County as an ad valorem on their property tax. Councilman Clayton stated that it would probably be a bad precedent for Council not to pursue this. November 17, 1975 Page 24 COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PROCEED WITH COLLECTION OF THE BILL FROM THE VALLEY WATER DISTRICT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor. Nays: Council Members Mann, Brown. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • City Attorney Berardini indicated that he had been asked by the Englewood Centennial-Bicentennial Committee to handle some legal matters regarding their incorporation, and he asked for Council's permission to do this. COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO REQUEST THE CITY ATTORNEY TO HANDLE LEGAL MATTERS PERTAINING TO THE INCORPORATION OF THE ENGLE- WOOD CENTENNIAL-BICENTENNIAL COMMITTEE. Upon a 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. In answer to Councilman Mann's question, City Attorney Berardini indicated that if an attorney in private practice would do this it would cost approximately five hundred to seven hundred dollars. • • • • • • RESOLUTION NO. 60, SERIES OF 1975, A RESOLUTION AMENDING THE 1975 BUDGET TO ALLOW FOR THE EMPLOY- MENT OF SENIOR CITIZENS UNDER THE FEDERAL COMPREHENSIVE EMPLOYEES TRAINING ACT II (CETA II) PROGRAM. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 60, SERIES OF 1975. I November 17, 1975 Page 25 In answer to Councilman Mann's question, City Manager Mccown stated that this involved one position which will be in the library. Upon a 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. • • • • • • RESOLUTION NO. 61, SERIES OF 1975, A RESOLUTION APPROPRIATING FUNDS IN THE GENERAL FUND FOR PUR- CHASE OF LEAF BAGS. COUNCILMAN BROWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE RESOLUTION NO. 61, SERIES OF 1975. Upon a 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 the City had received one bid for revenue bonds for the Housing for the Elderly received from Hanifen, Imhoff & Samford for an inter- est rate of 8.4998 and they would do it on a best effort sale basis. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE BEST EFFORT BID FROM HANIFEN, IMHOFF & SAMFORD FOR SALE OF THE BONDS FOR THE ELDERLY HOUSING PROJECT AT AN INTEREST RATE OF 8.4998 AND THAT THE COUNCIL HAVE A SPECIAL MEETING ON NOVEMBER 20, 1975, AT 7:00 P.M. TO DIS- CUSS FINANCING FOR THIS PROJECT AND RELATED MATTERS. Upon a call of the roll, the vote resulted as follows: November 17, 1975 Page 26 Ayes: Council Members Jones, Sovern, Mann, Brown, Clayton, Taylor. Nays: None. Absent: Council Member Blessing. The Mayor declared the motion carried. • • • • • • Councilman Sovern asked if the City Attorney's office could assist in developing procedures for the general code violations summons for the enforcement of the fire code. Council saw no reasons why this could not be done. • • • • • • Councilman Brown asked that the City do something to clean up and freshen up the south side ~r City Hall. He said that other areas around the City Hall look extremely nice, but this area looks rather shabby. He asked that some- thing be done to pick up trash and to paint those areas need- ing it. • • • • • • Councilman Clayton asked that the minutes reflect that Councilman Blessing's absence is caused by illness. • • • • • • The Mayor adjourned the City Council meeting at 12:05 a.m.