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HomeMy WebLinkAbout1975-12-16 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO December 16, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 16, 1975 at 7:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Reverend Hurley Hills of the Church of the Nazarene, 4775 South Pearl. The Pledge of Allegiance was led by Cub Scout Pack 153. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Mann, Clayton, and Mayor Taylor. Absent: Council Members Blessing and Brown. The Mayor declared a quorum present. Also present were: City Manager Mccown Asst. City Manager Nollenberger City Attorney Berardini Director of Finance James Acting Director of Community Development Romans Deputy City Clerk Johannisson • • • * • • COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR COUNCIL MEETING OF DECEMBER 1, 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. • • • • • • December 16, 1975 Page 2 Jean Carlberg, 3865 South .Grant, President of the Arapahoe County League of Women Voters, was present. She read a statement from the League of Women Voters backing the G.O. Bond Election to be held on December 23, 1975. • • • • • • David Batchelor, 7101 South Webster, Littleton, was present representing the Englewood Centennial-Bicentennial Committee. He stated that the Englewood Centennial-Bicentennial Committee is now incorporated as a non-profit organization. He read a letter from the Committee proposing memorializations and outlining four different plans available. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AGREE WITH THE MEMORIALIZATION PROPOSAL AS PUT FORTH IN THE LETTER FROM THE ENGLEWOOD CENTENNIAL-BICENTENNIAL COMMIT- TEE OF DECEMBER 8, 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CONSIDER ITEM 8, "OTHER VISITORS", OUT OF AGENDA SEQUENCE. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. • • • • • • Sam Arrell, 4845 South Huron, was present to express his concern for getting children in his area to school via the RTD system. He stated that RTD changed their routes, and it now takes his children fifty-five minutes to get to high school instead of thirty minutes. The old route picked them up at 6:10, 7:10 and 8:10 a.m. and took them close to the high school December 16, 1975 Page 3 in a relatively short period of time. Now that the bus sched- ule has been changed, the bus goes out to Littleton and then to Fort Logan before going to Cinderella City in Englewood where a transfer has to be made. Councilman Mann stated that the circulator routes are not practical. The City Council recognizes that a problem exists; and they have, in the past, asked for additional reverse routes. Mayor Taylor stated that there is a meeting of the Planning and Zoning Commission on December 17, 1975, where this subject can be presented. Councilman Mann also stated that Mr. Arrell might contact the school board. Councilman Sovern stated that RTD should have two buses on that route. Another alternative might be to consider reversing the morning and afternoon schedules so that the morn- ing buses are going towards Englewood instead of Littleton. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-2-B, RESIDENCE DISTRICT, TO R-2, MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: · Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. Acting Director of Community Development Romans out- lined the affected areas of the zoning map. No one appeared to speak for the Ordinance. No one appeared to speak against the Ordinance. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-2-B, RESIDENCE DISTRICT, TO R-2, MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: December 16, 1975 Page 4 Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE FINDINGS OF FACT FROM THE PLANNING AND ZONING COMMISSION RELATING TO THE PROPOSED ZONING CHANGES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 50 SERIES OF 1975 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 DIS- TRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PASS ORDINANCE NO. 50, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. • • • • • • Dece mbe r 16, 1975 Pa ge 5 COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-2-A, RESIDENCE DISTRICT, TO R-2, MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. Acting Director of Conununity Development Romans out- lined the affected areas of the zoning map. Virgil Thomas, 3810 South Lincoln, clarified the situation surrounding the R-2-A area between Kenyon and Oxford including the Lincoln/Sherman area. He stated that a public hearing will be held by the Planning and Zoning Conunission on January 6, 1976. Mrs. Romans stated that this area will be unzoned until it is resolved, and this will probably take place in March. No one appeared to speak for the Ordinance. Louis Cangilla, 5000 South Delaware, appeared to speak against the Ordinance. He stated that the zone changes are illegal because the land needs to be posted when a zoning change is going to take place. When the zoning was repealed, a posting of the land was not made; and, therefore, the citizens in the affected areas were not aware of what was taking place. Mr. Cangilla stated that his property is now R-1-A. If the pro- posed change takes place, the property abutting his land will be zoned R-2. This will affectively eliminate the buffer zone between the R-1-A and the apartment areas close by. A discussion between Mrs. Romans, Mr. Cangilla, and Council followed relating to the number of units permitted in R-2 zoning as it affects the property abutting Mr. Cangilla's property. In answer to Councilman Clayton's question, Mr. Cangilla stated that his fears would not be alleviated if Council passes a later Ordinance relating to permitted uses in R-2 zoning. He stated, in his opinion, it is not fair December 16, 1975 Page 6 to the people living and building on R-1 land to have this zoning change put upon them. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND I WITHIN THE CITY OF ENGLEWOOD FROM R-2-A, RESIDENCE DISTRICT, TO R-2, MEDIUM DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN JONES, BY AUTHORITY ORDINANCE NO. 51 SERIES OF 1975 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 DIS- TRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 51, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Taylor. Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-3-A, MULTI-FAMILY RESIDENCE DISTRICT, TO R-3, HIGH DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: December 16, 1975 Page 7 Taylor. Ayes: Council Members Jones, Sovern, Mann, Clayton, Nays: None. Absent: Council Members Blessing and Brown. The Mayor declared the motion carried. Acting Director of Community Development Romans out- lined the affected areas of the zoning map. No one appeared to speak for the Ordinance. John Campbell, 5560 South Washington, Littleton, appeared to speak against the Ordinance. He stated that he is against the rezoning of the Pasternak property. A rezoning request was denied by Arapahoe County several years ago. The following problems exist in that area: (1) it is a flood plain; (2) there is a tremendous traffic problem because of only one outlet; (3) it is not appropriate for high density living. Mr. Campbell presented the minutes of the Arapahoe County Commissioners Meeting from February of 1962 which denied the rezoning request. Councilman Blessing entered the Council meeting at 8:30 p.m. Mrs. Romans, Councilman Mann, and Councilman Clayton pointed out that the proposed R-3 zoning for this land would, in fact, provide added restrictions and that the land is now zoned for multi-family use. Mrs. Romans said that she has been in touch with surrounding communities and the South Suburban Recreation District in an .attempt to find out if there is any interest in buying this land for park use. Councilman Sovern pointed out that for any devel- oper to go in and build something there it would be difficult for them to get financing because it is in a flood plain. Also, if zoning is not passed for this block of land it would be open zoned, and anybody could go in and build whatever they wanted to within the confines of Englewood zoning. Mrs. Romans pointed out that the owners of the land appeared at the public hearing opposing the rezoning to R-3 because it was more restrictive. Grant Anderson, 5535 South Washington, Littleton, stated that he is against the zoning change because of the high density permitted in the zoning. He stated that the purchase and ownership of the land by Horton-Cavey Realty December 16, 1975 Page 8 Company is a speculative venture on their part in the hopes that they will be able to build high density apartments there. William Whipple, 3230 South Franklin, stated that parking requirements dictated by zoning will restrict the building of smaller units within the City of Englewood. Mrs. Romans asked if it would be appropriate to have these men work with her in contacting the South Suburban Recreation District and other communities in order to promote this area for park use. Council answered affirmatively. Mr. Cangilla and Councilman Jones entered into a discussion relating to the R-2-A zoning being changed to R-1-C zoning for the Kenyon/Oxford/Sherman/Lincoln area. Mr. Campbell asked if the zoning change is approved by Council tonight, would this have an affect on five acres in Littleton which is adjacent to this area. Mrs. Romans said that the owners of the land could go in and ask for a zoning change for the five acres. COUNCILMAN JONES MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-3-A, MULTI-FAMILY RESIDENCE DISTRICT, TO R-3, HIGH DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON, BY AUTHORITY ORDINANCE NO. 52 SERIES OF 1975 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. I De c e mb er 16 , 19 7 5 Page 9 COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PASS ORDINANCE NO. 52, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Clayton, Blessing, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Mayor Taylor recessed the Council meeting at 9:00 p.m. Council reconvened at 9:15 p.m. Upon a call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Absent: Council Member Brown. The Mayor declared a quorum present. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-3-B, MULTI-FAMILY RESIDENCE DISTRICT, TO R-3, HIGH DENSITY RESIDENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. Acting Director of Conununity Development Romans out- lined the affected areas of the zoning map. No one appeared to speak for the Ordinance. Bob Cook, 4700 South Cherokee, was present to speak against the Ordinance. He presented petitions circulated in a three block radius area and signed by residents of this area December 16, 1975 Page 10 protesting the rezoning of this property to R-3, high density residence district. The petitions contained 135 signatures. Mr. Cook challenged Mrs. Romans statement regarding the demoli- tion of current buildings and reconstruction of new buildings with higher density. In answer to Councilman Mann's question regarding this, Mrs. Romans stated that a developer could go in and demolish an existing building and build a building which would have a higher density. She also stated that a new facility would be required to have a greater square footage per unit than exists under current zoning. Mrs. Romans further explained the zoning changes and how they would affect the areas. Mr. Cook stated that the residents of the area just want their area to be left as it is. In response to Councilman Clayton's questions, Mr. Cook stated that an increase in square footage per unit over the present 450 square feet would probably be good, but he reiterated that the citizens do not want any change in the zoning for that area. A discussion followed relating to the economics of demolishing a building and rebuilding on the same site. William Whipple was recognized again. He stated that the Planning and Zoning Commission does not have a developer as a member; and, therefore, the developer's ideas have not been considered in their decisions. He stated that a developer should be placed on the Planning and Zoning Commission. He said that the City Council should not dictate what the demand for housing is in the City of Englewood, and that the current demand for housing is for units with 450 square feet and not 650 square feet. He also stated that the Council would be irresponsible if they passed the 42,000 square feet minimum requirement for a developed site. He said the City would then be losing a great deal of property tax revenue in the future. He said that a developer who builds apartment units is normally, in fact, upgrading the neighborhood by eliminating some older homes which are in disrepair. He stated that Engle- wood has very few areas where 42,000 square feet is avail- able. . Mayor Taylor pointed out that the City does not want the smaller apartment units spread out all over the City, and that a Citizens Cornrnit·tee has decreed that this is the type of Ordinance that they want. COUNCILMAN JONES MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE ORDINANCE ON FINAL READING REZONING SEVERAL DISCONNECTED PARCELS OF LAND WITHIN THE CITY OF ENGLEWOOD FROM R-3-B, December 16, 1975 Page 11 MULTI-FAMILY RESIDENCE DISTRICT, TO R-3, HIGH DENSITY RESI- DENCE DISTRICT, AND AMENDING THE OFFICIAL CITY ZONING MAP ACCORDINGLY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN BROWN, BY AUTHORITY ORDINANCE NO. 53 SERIES OF 1975 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 CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PASS ORDINANCE NO. 53, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) BY REPEALING SECTION 22.4-15 RELAT- ING TO I-3, HEAVY INDUSTRIAL ZONING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. December 16, 1975 Page 12 Absent: Council Member Brown. The Mayor declared the motion carried. Acting Director of Community Development Romans out- lined the reasons for this Ordinance. She stated that this I zoning was adopted during the Santa Fe Union Annexation in order to accommodate the various businesses in that area. There is currently no demand in the City of Englewood, nor is there any land currently zoned I-3 in Englewood. No one appeared to speak for the Ordinance. No one appeared to speak against the Ordinance. COUNCILMAN MANN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER AN ORDINANCE RELATING TO I-3 ZONING. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 54 SERIES OF 1975 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) BY REPEALING SECTION 22.4-15 RELATING TO I-3, HEAVY INDUSTRIAL DISTRICT. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS ORDINANCE NO. 54, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • * * Dece mber 16 , 19 7 5 Page 1 3 COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) BY AMENDING PERMITTED PRINCIPAL USES IN R-2 ZONES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. Mrs. Romans explained the zoning use changes that are proposed by this Ordinance. No one appeared to speak for the Ordinance. No one appeared to speak against the Ordinance. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING THE PERMITTED PRINCIPAL USES IN R-2 ZONES. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN JONES, BY AUTHORITY ORDINANCE NO. 55 SERIES OF 1975 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED) BY AMENDING PERMITTED PRINCIPAL USES IN R-2 (RESIDENTIAL). COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO PASS ORDINANCE NO. 55, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: December 16, 1975 Page 14 Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. * * * * * * Mayor Taylor declared a recess at 10:00 p.m. Council reconvened at 10:10 p.m. Upon a call of the roll, the following were present: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Absent: Council Member Brown. The Mayor declared a quorum present. * * * * * * "Communications -No Action Recommended" on the agenda were all accepted without comment: a. Minutes of the Housing Authority regular meeting of October 28 and the special meeting of November 5, 1975. b. Minutes of the Planning and Zoning Commission meetings of November 11 and November 25, 1975. c. Minutes of the Employees Retirement Pension Board meeting of December 3, 1975. d. Minutes of the Citizens Steering Committee for Housing for the Elderly meeting of December 5, 1975. e. Time schedule for completion of the North Central Englewood Drainage Basin Phase II. f. Memorandum from the Assistant City Manager to the City Manager concerning his attendance at the National League of Cities Conference in Miami Beach, Florida on November 30 through December 5, 1975. * * * * * * December 16, 1975 Page 15 Assistant City Manager Nollenberger presented a resolution from the Career Service Board that would change the title of Office Manager in the Utilities Department to Administrative Assistant. RESOLUTION NO. 65, SERIES OF 1975 A RESOLUTION CHANGING THE POSITION TITLE OF OFFICE MANAGER TO ADMINISTRATIVE ASSISTANT. In response to Councilman Mann's questions regarding the past and present duties relating to the change in the job description, Assistant City Manager Nollenberger stated that the individual in this position presently supervises seven people. He currently analyzes various utility data, handles complaints, works with the meter and repair program, and has assumed several duties which have developed through federal government requirements. In response to Councilman Clayton, Assistant City Manager Nollenberger stated that some people who he formerly supervised are now working in the Finance Department in either Customer Service or Accounting. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 65, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Assistant City Manager Nollenberger presented a recommendation from the Library Board relating to the issu- ance of library cards. He indicated that the City of Denver currently charges non-residents a fee for issuing a library card. Councilman Clayton further explained the background relating to the reciprocal lending program and how it finan- cially affects various participants. The Library Board has recommended that the Library issue library cards only to residents and non-residents who pay Englewood property tax. December 16, 1975 Page 16 COUNCILMAN CLAYTON MOVED AND COUNCILMAN JONES SECONDED A MOTION THAT CITY COUNCIL ADOPT A POLICY RECOMMENDED BY THE LIBRARY BOARD THAT LIBRARY CARDS BE ISSUED TO ENGLEWOOD RESI- DENTS AND NON-RESIDENTS WHO PAY ENGLEWOOD PROPERTY TAX. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO RENEW THE 3.2 BEER LICENSE FOR KING SOOPERS, 5050 SOUTH FEDERAL BOULEVARD. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • * * * * COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO RENEW THE 3.2 BEER LICENSE FOR SEVEN-ELEVEN STORE, 4400 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AWARD THE GREENHOUSE BID TO NEXUS CORPORATION FOR $27,198.00. De c e mb e r 16, 1 9 75 Page 17 In response to Council's questions, Director of Finance James stated that Nexus Corporation builds prefab greenhouses and that he believes they are a Denver firm. The greenhouse is of the modular type and can be added to at some future date. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Councilman Blessing advised City Council that George Pearson, Assistant Director of Parks and Recreation, has resigned and his last day was Friday, December 12, 1975. • • • • • • Mayor Taylor stated that Item 5-f on the agenda relating to a proclamation for Englewood Christmas Sing Out Day was acted upon at the last City Council meeting. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 56 SERIES OF 1975 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND SIXTEEN LIBRARY JURISDIC- TIONS, AS SHOWN HEREIN, FOR THE RECIPROCAL USE OF CIRCULATION SERVICES BY PUBLIC LIBRARIES PARTICIPATING IN THE CENTRAL COLORADO LIBRARY SYSTEM; AND DECLARING AN EMERGENCY. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS ORDINANCE NO. 56, SERIES OF 1975. In response to Councilman Clayton's question, City Attorney Berardini stated that the title should be modified because there is a chance that not all sixteen of the library jurisdictions will approve the agreement. The Ordinance should be changed to read, "An Ordinance approving an agreement between the City of Englewood, Colorado, a municipal corporation, and not to exceed sixteen library jurisdictions •••• " December 16, 1975 Page 18 Councilman Sovern and Councilman Clayton withdrew their motion and second. INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 56 SERIES OF 1975 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND NOT TO EXCEED SIXTEEN LIBRARY JURISDICTIONS, AS SHOWN HEREIN, FOR THE RECIPROCAL USE OF CIRCULATION SERVICES BY PUBLIC LIBRARIES PARTICIPATING IN THE CENTRAL COLORADO LIBRARY SYSTEM; AND DECLARING AN EMERGENCY. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS ORDINANCE NO. 56, SERIES OF 1975, AS AMENDED IN THE TITLE. Councilman Clayton explained why some of the jurisdic- tions may not accept the agreement. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented an Ordinance relating to the vacating of a certain portion of the alley in block 4, Higgins South Broadway Heights, Englewood. He stated that this Ordinance had been proposed earlier this year at the request of the developer. Nothing has taken place up to this point. There- fore, City Attorney Berardini recommended that City Council let the Ordinance die a natural death. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TABLE INDEFINITELY A BILL FOR AN ORDINANCE VACATING A CERTAIN PORTION OF THE ALLEY IN BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ENGLEWOOD, ARAPAHOE COUNTY, COLORADO. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. December 16, 1975 Page 19 Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Attorney Berardini presented an Ordinance relating to firemen's pensions and stated that Assistant City Manager Nollenberger had recommended that some changes be made in the text of the Ordinance. Because there are changes being made that are rather substantive, he recommended that the Ordinance be published in full rather than by title only. Assistant City Manager Nollenberger explained the changes as they relate to the funding of the fire pension pro- gram. INTRODUCED AS A BILL BY COUNCILMAN SOVERN, BY AUTHORITY ORDINANCE NO. 57 SERIES OF 1975 AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 9 AND 10, CHAPTER 1, TITLE II, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING NEW SECTIONS THERETO RELATING TO FIREMEN'S PENSIONS, SPECIAL FUND, DISABILITY, PENSIONS; AND DECLARING AN EMERGENCY. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS ORDINANCE NO. 57, SERIES OF 1975, AND TO PUB- LISH THE FINAL ORDINANCE IN FULL. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • INTRODUCED AS A BILL BY COUNCILMAN BLESSING, BY AUTHORITY ORDINANCE NO. 58 SERIES OF 1975 Mann, Blessing, ,, ..• December 16, 1975 Page 20 AN ORDINANCE AMENDING CHAPTERS 4, 8 AND 9, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE, REPEALING SUBSECTIONS (b) AND (c), SECTION 12, CHAPTER 4, TITLE V, RELATING TO ANNUAL SICK, MATERNITY, FUNERAL AND HOLIDAY LEAVES; INSURANCE AND RETIRE- MENT BENEFITS; AND DECLARING AN EMERGENCY. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 58, SERIES OF 1975. City Attorney Berardini stated that there was a question at the previous City Council meeting relating to the maternity clause and that this may require an amendment to this section which will be introduced at a later date. He also stated that there is a definition included in the Ordinance defining final average monthly compensation. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Attorney Berardini stated that the Ordinance pertaining to the policemen's pensions has the same changes which were made in firemen's pensions Ordinance. He stated that this Ordinance should also be published in full. INTRODUCED AS A BILL BY COUNCILMAN MANN, BY AUTHORITY ORDINANCE NO. 59 SERIES OF 1975 AN ORDINANCE REPEALING AND RE-ENACTING SECTIONS 8 AND 9 OF I CHAPTER l, TITLE XI, OF THE 1969 ENGLEWOOD MUNICIPAL CODE BY ADDING NEW SECTIONS THERETO RELATING TO POLICE PENSIONS, SPECIAL FUNDS, RETIREMENT BENEFITS, DISABILITY, AND REFUNDING CONTRIBU- TIONS TO THE POLICE PENSION FUND; AND DECLARING. AN EMERGENCY. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS ORDINANCE NO. 59, SERIES OF 1975, AND TO PUB- LISH THE FINAL ORDINANCE IN FULL. Upon a call of the roll, the vote resulted as follows: De c e mb e r 16, 1975 Page 21 Ayes: Clayton, Taylor. Nays: Absent: Council Members Jones, None. Council Member Brown. The Mayor declared the motion • • • • • • RESOLUTION NO. 66, SERIES OF 1975 Sovern, Mann, Blessing, carried. A RESOLUTION SUPPORTING THE APPEAL OF THE COLORADO MUNICIPAL LEAGUE OF A PUBLIC UTILITIES COMMISSION RULING AUTHORIZING MOUNTAIN BELL TO ITEMIZE MUNICIPAL FRANCHISE TAXES. COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 66, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Clayton, Taylor. Nays: Council Member Jones. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • City Attorney Berardini stated that earlier in the year City Council had passed Resolution No. 25, Series of 1975, which related to the condemnation of certain lands along the South Platte River. In the original Resolution, a short phrase was inadvertently left out of Section 2. He asked that Council correct Resolution No. 25, Series of 1975, by inserting the proper phrase. COUNCILMAN SOVERN MOVED AND COUN~ILMAN MANN SECONDED A MOTION TO CORRECT RESOLUTION NO. 25, SERIES OF 1975, SECTION 2, TO READ AS FOLLOWS: "THAT IN THE ABSENCE OF AN AGREEMENT IN PRINCIPAL WITH THE OWNERS OF PARCEL 4A AND 7, BEING WINSLOW CONSTRUCTION COMPANY, A GENERAL PARTNERSHIP, AND MOTOR CRANE SERVICE COMPANY, A COLORADO CORPORATION, RESPECTIVELY, WITHIN THE NEXT NINETY (90) DAYS, THE CITY COUNCIL HEREBY AUTHORIZES THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID PARCELS AND, FURTHERMORE, AUTHORIZES THE COMMENCEMENT OF A SUIT FOR DECLARATORY JUDGMENT, OR OTHER APPROPRIATE RELIEF, IN ORDER TO OBTAIN A JUDICIAL DECLARATION OF THE VALIDITY OF THAT CERTAIN GRAVEL LEASE ON PARCEL DESIGNATED NO. 8, OWNED BY THE CITY OF ENGLEWOOD. Upon a call of the roll, the vote resulted as follows: December 16, 1975 Page 22 Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO HAVE A SPECIAL CITY COUNCIL MEETING ON DECEMBER 30, 1975, AT 4:30 P.M. TO CONSIDER ISSUANCE OF THE G.O. BONDS, TO AMEND THE BUDGET, AND TO AWARD THE CONSTRUCTION BID FOR THE HOUSING FOR THE ELDERLY PROJECT. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • RESOLUTION NO. 67, SERIES OF 1975 A RESOLUTION APPROPRIATING MONIES IN THE WATER FUND. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO PASS RESOLUTION NO. 67, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: Ayes: council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Assistant City Manager Nollenberger presented a report from Sellards & Grigg, Inc., reporting on the status of the Little Dry Creek study. • • • • • • De c e mb er 16 , 1 9 7 5 Page 2 3 COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO DIRECT THE DENVER REGIONAL COUNCIL OF GOVERNMENTS' REPRESENTATIVE TO ENTER A DEFERRED VOTE ON THE ISSUE OF THE URBAN SYSTEMS BOUNDARY PROPOSED BY ·THE COLORADO DEPARTMENT OF HIGHWAYS, AND THAT THE CITY STAFF BE .DIRECTED TO WRITE A LETTER TO THE FEDERAL HIGHWAY ADMINISTRATION STATING THAT WE WILL ACT ON THIS AS SOON AS WE POSSIBLY CAN BUT THAT THE INFORMATION WILL BE COMING TO US FROM THE STATE HIGHWAY DEPARTMENT AND THAT WE HAVE INSUFFICIENT INFORMATION AT THIS TIME TO ACT ON THIS. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayt on, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • • • • • Councilman Sovern stated that he wanted to introduce a motion relating to the Metro Water District. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO DIRECT MR. CARROLL FROM THE CITY OF ENGLEWOOD UTIL- ITIES DEPARTMENT TO ENTER OUR OBJECTIONS TO THE PEOPLE ON THE LEGISLATIVE COMMITTEE OF THE DENVER REGIONAL COUNCIL OF GOVERN- MENTS WHICH MEETS ON DECEMBER 17, 1975, AT 4:00 P.M. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor declared the motion carried. • • * • • • Councilman Sovern made comments relating to the 201 Program and the 208 Program. I I I I I I COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN THE CITY COUNCIL MEETING. Upon a call of the roll, the vote resulted as follows: December 16, 1975 Page 24 Ayes: Council Members Jones, Sovern, Mann, Blessing, Clayton, Taylor. Nays: None. Absent: Council Member Brown. The Mayor adjourned the City Council meeting at 11:05 p.m.