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HomeMy WebLinkAbout1966-03-21 (Regular) Meeting Minutes236 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD ; COLORADO MARCH 21, 1966 The City council of the City of Englewood, Arapahoe County, Colorado, met in regular session on Monday, March 21, 1966, in the Council Chambers, City Hall, Englewood,at the hour of 8:00 P.M. Mayor Allen presiding called the meeting to order and the invocation was given by Reverend Rex Whitney of the Wesleyan Methodist Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Also Present: City Manager Dial, Absent: None. City Attorney Criswell, City C~erk Malone. The Mayor declared a quorwn present. The Mayor recognized the following "Special Citizen Invitees" and welcomed them to the Council meeting: Mr. & Mrs. L. F. Scott, 3009 South Lincoln Street, Mr. & Mrs. Louis w. Jones, 4880 South Jason Street. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEAR- ING REGARDING A CHANGE OF ZONING OF THE 3800 BLOCK INCA STREET FROM R-1-C TO R-4 BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Mrs. D. A Romans, Planning and Traffic Director, reviewed the application for rezoning as filed by Mr. Ernest Conrad of the Bingo King Corporation. She elaborated upon the public hearing held by the Planning Commission and further indicated that proper notice of the public hearing before City Council and the proper posting of the premises had been accomplished. Mrs. Romans explained the R-4 zoning, which had been requested, and showed diagrams and snap-shots of the area involved. Mr. Harry Arken, Attorney for Mr. Conrad, reviewed the status of the Bingo King Corporation, its recent growth and development and the fact that the company now employees fifty people. Mr. Arken explained that the Bingo King objective at this time was to provide parkin9 space for their employees and to further permit industrial expansion in that portions of the Bingo King property, which is zoned industrial, is necessarily being used for clerical and office help. He stated that expansion of industrial processes could be accomplished if the area immediately behind Bingo King on the west side of South Inca Street were rezoned to R-4 thereby permitting parking and the construction of office buildings. Mr. Arken pointed out that the zoning ordinance would require a dust free material covering the parking lot constructed and screening with a five foot high opaque screen. He indicated that Bingo King's primary concern was the one half block immediately east of the indus- trial area and being the west side of South Inca Street. He stated that the Planning Director had asked that they include the east side of Inca Street in their applica- tion and they so did. Mr. Arken stated that the R-4 zoning would permit more uses, enhance the value of the property, and guarantee development in this area. Mr. Keith Wanklyn, 4005 South Inca Street, presented a petition containing eighty signatures of those persons in the area opposing the rezoning. He stated that the people in the area were not opposed to the Bingo King Corporation and to their growth and development rather that they commended the Bingo King. They do oppose, Mr. Wanklyn stated, the rezoning of the east side of Inca Street. He stated that this would increase traffic in the area and that rezoning would not necessarily cause the area to develop. He felt that the area should be cleaned up and beautified hit did not think that industrial growth would accomplish same. He stated that the development of the new shopping complex would also add to the increase intraffic in this area. Upon question from Council, Mr. Wanklyn indicated that the petition which he had presented had been circulated throughout the area in and around Maddox School. After Mr. Wanklyn indicated concern over large apartment houses in this area the City Attorney read from the zoning ordinance the permissible uses an R-4 zone, conunonly referred to as a residential-professional district, and apartment house s and industrial facilities were not included as permissible uses. Mr. W. R DeKoeven, 3905 South Inca Street spoke in opposition of the rezoning. Mr. W. L. Stapleton, 3910 South Inca Street, opposed rezoning. Mr. J. B. Callahan, 1096 West Princton Place, questioned the Council as to why the Planning Commission had encouraged the I I I I Minutes of March 21, 1966 adding of the east side of South Inca to the original application. The Mayor answered Mr. Callahan by stating that it was a result of the study of feasibility and desired use and development. Mrs. Cinkle, 3995 South Inca Street, opposed the rezoning on the basis that the area was too close to Maddox School and would increase the traffic in the area and endanger the school children. Mrs. Johnson, 3900 South Inca Street, raised the question as to whether or not large delivery trucks would be allowed in the area. The City Attorney pointed out that trucks may leave designated truck routes in order to make deliveries. Mrs. Johnson then inquired as to why FHA would not make loans in an R-4 zone. The City Attorney stated that R-4 in Englewood may not be the same as R-4 in other cities and that it would be difficult to state an opinion. Councilman Rice indicated that this statement had been heard in the past but has seldom if ever been substantiated. Councilman Kreiling inquired as to the number of residence owners in the area and Mr. Arken indicated that there were thirteen on Inca Street, three properties owned by the Englewood Savings and Loan Association. Mrs. Yurk, 3837 South Inca, explained that three homes were being purchased on contract through Englewood Savings and Loan. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: · Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Arguments presented during the public hearing were discussed by the Council, including the number of building sites remaining in the area, the effect that re- zoning would or would not have on traffic, the protective screening required in an R-4 zone, and the feasibility of zoning the west side only at this time. COUNCILMAN BARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE REQUEST FOR REZONING OF THE 3800 BLOCK OF SOUTH INCA STREET FROM R-1-C TO R-4 BE APPROVED. Councilman Kreiling called attention to the petition presented and the fact that this petition should be verified before Council action is taken. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE REZONING OF THE 3800 BLOCK SOUTH INCA STREET FROM R-1-C TO R-4 BE TABLED FOR FURTHER CONSIDERA- TION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Ludwig, Kreiling, Hanson, Fullerton. Nays: Councilmen Rice, Parkinson, Allen. Absent: None. The Mayor declared the motion carried. Minutes of the Water and Sewer Board meeting of March 15, 1966, were received for the record and reconnendations contained therein were considered. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT UPON RECOMMENDATION BY THE WATER AND SEWER BOARD CERTAIN DESCRIBED LANDS BE APPROVED FOR INCLUSION IN THE SOUTH ARAPAHOE SANITATION DISTRICT UPON RECEIPT OF SUPPLEMENT NO. 14 TO THE CONNECTOR'S AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Clerk read a resolution authorizing and directing the Mayor and City Clerk to execute on behalf of the City of Englewood a Connector's Agreement with the South Arapahoe Sanitation District. RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY OF ENGLEWOOD, A "CONNECTOR'S AGREEMENT" WITH THE SOUTH ARAPAHOE SANITATION DISTRICT, AND MAKING SAID RESOLUTION IRREVOCABLE DURING THE EFFECTIVE TERM OF SAID AGREEMENT. 238 Minutes of March 21, 1966 WHEREAS representatives of the City of Englewood and representatives of the South Arapahoe Sanitation District have heretofore prepared a proposed connector's Agreement to be entered into between the City and said District, whereby the city would provide certain sewage treatment services for the sewage originating from the District's sanitary sewer system, a copy of which proposed agreement is attached hereto and hereby made a part of this Resolution, and WHEREAS, the Englewood Water and Sewer Board has reconunended that said proposed agreement be entered into by the City, NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are hereby authorized to execute, on behalf of the City, a Connector's Agreement, containing the terms and conditions and in the form, of that proposed Connector's Agreement attached hereto. BE IT FURTHER RESOLVED that, in accordance with the provisions of paragraph 9 of said Connector's Agreement, the City does hereby accept all of the terms of said Agreement and that this Resolution shall be irrevocable during the effective term of said Agreement. ADOPTED AND APPROVED this 21st day of March, 1966. ATTEST: ~~ COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Minutes of the Library Board meeting of March 8, 1966, were received for the record. Councilman Hanson reported to Council that present use of the Library was averaging 380 people per day. Minutes of the Board of Adjustment and Appeals meeting of March 9, 1966, were received for the record. Minutes of the Board of Career Service Commissioners meeting of February 23, 1966, were received for the record. Minutes of the Parks and Recreation Commission meeting of March 10, 1966, were received for the record. Introduced as a Bill by Councilman Hanson BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1966 AN ORDINANCE AMENDING SECTION 13.24-3 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, EXEMPTING TEMPORARY SIGNS AT CONSTRUCTION SITES FROM THE PROVISIONS OF SECTION 13.24 AND AUTHORIZING THE CHIEF BUILDING INSPECTOR TO ISSUE A PERMIT FOR THE ERECTION THEREOF IN ACCORDANCE WITH THE PROVISIONS OF THIS ORDINANCE. COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 2, SERIES OF 1966 BE PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. I I I I Minutes of March 21, 1966 The City Attorney discussed portions of his written report to Council, dated March 15, 1966, regarding a peti1l.on for an initiative ordinance permitting angle parking filed with the City on February 23, 1966, and recommended that the Council either pass the ordinance or refer the matter to an election of the people on September 6, 1966. The City Clerk read the following resolution: RESOLUTION CALLING A SPECIAL ELEC'lDN TO BE HELD ON SEPTEMBER THE 6TH DAY OF 1966, AND REFERRING TO THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD A PROPOSED ORDINANCE, PURSUANT TO THE PROVISIONS OF SECTION 46, ARTICLE VI, OF THE CHARTER OF THE CITY OF ENGLEWOOD. WHEREAS there was filed on the 23rd day of February, 1966, a petition for an initiated ordinance containing approximately 1,500 signatures of the qualifed electors of the City of Englewood: and, WHEREAS Council has reviewed said petition and has determined that the same is signed by qualified electors of the City of Englewood equal in number to ten per- cent of the preceding gubernatorial vote in the City: and, WHEREAS the City Council of the City of Englewood does hereby decline to adopt the ordinance proposed therein without alterations and, as a body, is opposed to passage of the same, NOW, THEREFORE, BE IT RESOLVED that the ordinance proposed by said petition shall be referred to a vote of the qualified electors of the City of Englewood, Colorado, at a special election to be held on the 6th day of September, 1966. BE IT FURTHER RESOLVED that pursuant to the provisions of Article VI, Section 46 of the Charter of the City of Englewood, the City Clerk-Treasurer is hereby authorized and directed to publish the aforesaid proposed ordinance in the same manner as are other ordinances, except that said publication shall not reflect that the City Council of the City of Englewood has passed the same on first reading, but instead, shall reflect that the same was introduced by an initiative petition, pursuant to the provisions of Section 46 of the Charter of the City of Englewood. BE IT FURTHER RESOLVED that the Election Commission and the City Clerk- Treasurer of the City of Englewood are hereby authorized and directed to give such notice as is prescribed by law to the qualified electors of the City of Englewood that the question of the adoption of the aforesaid ordinance shall be voted upon at a special election to be held on the 6~h day of September, 1966, and to take, or cause to be taken, such other, further and additional action in regard thereto as is prescribed by law, charter provision or ordinance to arrange for, and to conduct, the vote upon said question. ADOPTED AND APPROVED THIS 21st day of March, 1966. -~ ayor ATTEST: COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Ludwig requested that a letter from the Metropolitan Safety Council citing improved safety conditions since the elimination of angle parking, urging the retention of parallel parking and citing the cost of a special election be noted, as well as a letter from the Englewood Chamber of Commerce stating that the Board of Directors of the Englewood Chamber of Commerce support the general concept of the Englewood City Planning and Zoning Camnission to eliminate angle parking in the 3300, 3400 and 3500 blocks of South Broadway, the development of one-way street patterns to facilitate traffic flow and the obtaining of off-street parking facilities to give additional parking space and replace the spaces lost by eliminating angle parking. 240 Minutes of March 21, 1966 The City Attorney reported on current non-confonning use litigations and the Charles Lubeck suit against the City of Englewood. The City Attorney reported that the sale of the Kalamath site property to Mansfield Realty Company had been concluded. The City Attorney reported that the Police Pension Board had inquired as to the legality of investing Police Pension fund monies in utility bonds and that upon investigation it was detennined that investment of pension funds in utility bonds was, indeed, legal provided that the City Council appointed two nationally recognized ;investment services to advise the City on such investments. The Council suggested that the Police Pension Board prov!decouncil with a reconunenda- tion as to the Board's desires in this matter. The Mayor called a recess of the Council at 9:50 P.M. The Mayor called the Council to order at 10:00 P.M. with the following persons present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. The Mayor declared a quormn present. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE PUBLIC HEARING ON THE ORDINANCE CREATING PAVING DISTRICT NO. 16 BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. There was no one present for the public hearing. COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor de~lared the motion carried. Introduced as a Bill by Councilman Rice BY AUTHORITY ORDINANCE NO. 3, SERIES OF 1966 AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 16: ORDERING THE CONSTRUCTION THEREIN OF STREET, AVENUE AND ALLEY IMPROVEMENTS: PFOVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY: AND DECLARING AN EMERGENCY. COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT ORDINANCE NO. 3, SERIES OF 1966 BE PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager reported on a recent meeting with representatives of the . Railroad, Public Utilities Cormnission, Arapahoe County and the City of Littleton regarding the railroad crossing at Tufts and Santa Fe Drive. He indicated that the Public Utilities Canmiaaion, through their representative, Mr. McNeal, were rather adamant in their desire to not signalize this intersection and thaf both the railroad and Public Utilities Commission preferred to eliminate grade crossings. The Council indicated that the City Manager should pursue every reasonable means of obtaining signalization for this intersection. l I I I I Minutes of March 21, 1966 The City Manager reported on a meeting with City of Littleton and Arapahoe County regarding the opening of Pecos orWindemere Street between Layton and Belle- view. He indicated that the opening of this street would involve the three units of government in that the city and county boundaries were erratic in this area. He stated that the county was willing to proceddand pay their share of the cost and that Littleton was experiencing a budgetary problem at this time. Englewood's share of cost in opening this street and paving it w~t~ a twenty-four foot roadway would be approximately $7,500, which could be derived fran the county's one-half mill rebate to the city for road and street purposes. No action was taken. The City Manager commented briefly on financial matters and indicated that there were sane areas where expenditures may be necessary over and above those outlined in the 1966 budget. He referred primarily to the extensive use of the City Hall Building which necessarily increases the custodial cost, flle need for chairs and tables to be used in connection with the public use of City Hall facilities, the lighting and/or flood lighting of the new City Hall Building, and costs which were not budgeted being incurred by the Building Code Study Conunittee. The City Manager informed the council of negotiations between the City of Littleton, Arapahoe County and the City of Englewood. regarding the signalization of the intersection at South Lowell and West Belleview. He indicated that the City's share of signalizing this intersection would be approximately $800. No action was taken. The City Manager's monthly report for the month of February was received for the record. The City Manager called to the council's attention the dates of the 1966 Student Government Day activities which are April 25th through May 2, 1966. The City Manager reported that bids were being received on Wednesday, March 23, 1966, for the removal of two houses at Miller Field, He also reported that sod from the City Park, which Mr. Von Frellick had given the City permission to remove, was being sold in that sprinkler systems were not yet available at Belleview and Miller Fields and that if the sod were moved at this time it could not be acconunodated. Green Valley Turf Canpany has purchased the sod on Miller Field for two cents per square foot and the lower part area for one and a half cents per square foot. At the time the sod is needed for the Lutheran and Miller Field the City Manager indi- cated that bids would be requested from two or three firms. Mayor Allen reported that he had conferred with the Littleton council President, John Kinghorn, and that it appears that it would be advisable at this time to have negotiating cormnittees fran both Councils to discuss in detail the feasibility of joint development of water resources. Mayor Allen appointed himself, City Manager Dial and Mr. Bob Frantz, Chairman of the Water and Sewer Board, to a special camnittee for this purpose. Councilman Fullerton reported that the Colorado Municipal League was holding a meeting on April 1, 1966, primarily to determine the position that the League should take with regard to the urban-county proposal. COU!\.Cilman Ludwig expressed his concern for the lack of communications between cities on the urban-county •atter and pointed to the lack of leadership in opposition to the proposal. Councilman Fullerton expressed his concern for the need of facts in opposition rather than generalizations. COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 11:17 P.M. /s/ Claude D. Malone, Jr., City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 21st day of March, 1966 A.O., stand approved as written this 4th day of April, 1966 A.D. 24