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HomeMy WebLinkAbout1963-08-05 (Regular) Meeting MinutesI I I 11 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO AUGUST 5, 1963 RBGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session, on Monday, August 5, 1963, in the Council Chambers, City Ball, Englewood, at the hour of 8:00 P.M. Mayor Brownewell presiding called the meeting to order and the invocation was given by the Reverend c. Arlin Heyden, Jr. of the Hampden Hills Baptist Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Also Present: City Manager Dial. Absent: None. Administrative Assistant Malone. City Attorney Esch. Planning Director Romans. City Clerk Beausang. The Mayor declared a quorum present. 632-2 CONSIDERATION OF THE MINUTES OF PREVIOUS MEETING COUNCILMAN MILES MOVED, COUNCIIJ.tAN BRAUN SECONDED, THAT THE MINUTES OF THE MEETING OF JULY 15, 1963 BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 631-72 PUBLIC HEARING ON ZONING ORDINANCE COUNCILMAN MILES MOVED, COUNCI~ LOVE SECONDED, THAT THE PUBLIC HEARING UPON THE COMPREHENSIVE ZONING ORDINANCE BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. The Mayor announced that the procedure for conducting the public hearing would be to proceed to the proposed Comprehensive zoning Ordinance section by section with conunents requested by the Council and those present upon those aections on which there were questions to be asked or comments to be made. The Mayor proceeded section by section. Discussion arose upon the length that a non-conforming use could continue. Mr. Harold Feder, 2141 South Gilpin Street, inquired about the permitted usages in R-1-C zone. The Planning director set forth those usages. Mr. Feder registered a protest as to the inclusion of boarders in single-family residences and nursery schools. He stated that it appeared to him to be an attempt to lower the high single-family residence standards and promote further degradation at a later date. Councilman Braun requested a definition of public building and received an anawer that it was one which belonged to the public rather than a private office building. Mr. Noel Teter, 3903 South Logan Street, requested that the Council con- aider the changing of the proposed R-1-C zoning to R-2-B zoning in the 3700 through 3900 blocks inclusive of South Grant, South Logan, South Pennsylvania, South Pearl and South Washington Streets. He reported that a petition request- ing this change was presented to the Binning and zoning Commission at its hearing. The City Attorney stated that it was his opinion that this hearing was not upon petitioned changes in zoning filed prior to the hearing but upon the Zoning Ordinance itself and the related map. In caaes where the Council desires to amend the Code or map, it can by following legal procedures and publications. Mr. Oliver Kingsly owner of 1995 West Harvard Avenue, objected to the proposed zoning of that site for light industry when it is presently zoned for heavy industry. 108 Minutes of August 5, 1963 Mrs. Ira F. John, 4075 South Grant, requested that a petition presented previously to extend R-2-C zoning into the 4000block South Grant had been filed. She asked that the Council consider the petition. The Mayor asked Mrs. John to have patience, that the rezonings will be considered. The Mayor proceeded with consideration of the Zoning Ordinance section by section. Mr. Bill Malone, Attorney representing Mr. Ben Nazarenus owner of 200 front feet of vacant land in the 3500 block South Marion Street which is presently zoned R-1-D. He objected to the proposed R-2-B zoning and stated that he assumed that the zoning was proposed so that the existing use of apartments in many of the homes could be made to conform. He proposed though that the zoning be R-3-B or R-4 as it represents land abutting upon commercially zoned district that such zoning would permit the same usage as in R-2-A with low rise structures such as medical clinics existing in nearby areas. He spoke of the advantages of R-4 zoning over R-2-A and asked that this change be considered before the adoption of the proposed district map. The City Attorney reaffirmed his opinion that it would be expedient to complete the present adoption of the Comprehensive zoning Ordinance and district map before proposing amendments. Mr. Malone objected to waiting as being con- trary to the legal process and purpose of the public hearing as well as costly to those who desired a change. Mrs. David Smith, 3645 South Delaware Street, protested the proposed zon- ing of the area bounded by Hampden and Lehigh Avenues and Bannock and Fox Streets to R-3-B while this land is presently zoned R-1-D. She presented a map indicating the existing use of land in the area and a protest petition bearing 35 names in opposition to the proposed zoning. She showed colored slides of the area and homes in the area as well as the run-down conditions of the vacant land the owners of which she claimed were allowing it to become run-down, looking forward to the use of that 1and for construction of apartments. Mr. Gico Skerlj, 3601 South Cherokee, stated that he was the owner ot the vacant lana a11cussea by M•. smith. He stated that it was not economical to erect single family homes upon the land. Mr. Bruce w. Newlon, 3632 South Delaware, Mr. Raymond Me i necke, 2711 South Sherman Street, who spoke for the Lutheran School, Mr. David F. Smith, Mrs. Gwendolyn Chapman, 3601 South Delaware, Mr. A. z. Young, 3616 South Delaware and Robert A. Mickle, 3680 South Elati, spoke against the proposed zoning. Mr. Robert Carr, Attorney, representing the owners of the large tracts of vacant property in the area spoke in favor of the zoning due to the close proximity of the land to the central business district and tlat blight had already occurred in certain areas of the district under consideration and would undoubtedly continue unless a zoning change was permitted which would allow the development. Mr. Leffler, 361 9 South Elati S t reet, spoke of the further over crowding of Maddox School i f apartments were zoned in that area. Mrs. Bruce Newlon, 3632 South Delaware, Mr. Wilmer Sievers, 3646 South Delaware, objected the proposed zoning. Mr. J. B. Kennedy, 3225 South Race Street, stated that although he was not a resident of the area under considerat i on that a matter of principle was involved here whereby persons such as Mrs. Smith build a community and are a credit to that community compared to making money by its development at the expense of a neighborhood. He reviewed his experiences in other communities and the civic pride of those communities as represented by its citizens and summarized that he was appalled at the sug gested zoning and its affect upon the residents. and their community spirit. The Mayor proceeded with the section by section consideration of the Zoning Ordinance. Councilman Parker remarked that there was no provision in the B-1 district for residential use in the form of apartments or wholesale operation. He discussed the advantages of having such usages permitted in business districts. The Mayor proceeded with Section 22-4-12 of the zoning Ordinance providing f or B-3 Business District wherein shopping centers may be built. He asked that the proponents speak first and as in the past make every effort to present their case concisely with as few duplications as possible. After presentation by the proponen t s the opponents would be permitted t o speak then a period of rebuttal for both the proponents and opponents. Mr. Harry Fleenor, 3383 South Corona Street, President of the Englewood Progressive Association, presented a petition bearing 75 names of those persons present favoring the B-3 Zone and its application to the vacant KLZ Transmitter site. He also presented names of persons present at the May 23rd and May 28th public hearing before the Planning Commission. He stated that although he lived within four blocks of the proposed B-3 zoning that he was in favor of the zoning. He set fort&l '-··e dO \ d l .,.c,c's o e zoning in increased taxes and job opportunities for Englewood as well as providing good shopping service facilities I I I I I I I I Minutes of August 5, 1963 which are not presently available. He spoke of his opposition to the tremendous influence exercised by persons residing outside the City of Englewood on Englewood's affairs. Mr. Fleenor spoke in particular about a petition drafted by Mr. Joseph F. Little and sponsored by the opponents to the application of the B-3 zoning which would provide for an amendment to the Charter to be voted upon by the people reading as follows: "No territory within the City of Englewood, Colorado, which is zoned as residential shall be rezoned nor any such residential zoning be amended, revised or modified unless written application therefor be made and signed by a majority of the owners of land adjoining such territory and filed with the City Planning and Zoning Commission. Lands which are separated from such territory by a street or other public way shall be considered as adjoining such territory." He stated that although this amendment is drafted against the application of the B-3 zoning it affects all residentially zoned areas in the City. Mr. Joseph Gussie, 3297 South Lafayette Street, stated that he lived across the street from the site proposed for B-3 zoning. He expressed the view that the decision must be based upon 2 points. Is it good for the City? and Is it good business? He expressed the viewpoint that it was both good business and good for the City. He spoke of the revolution caused by the invention of the auto- mobile and the relating suburban sprawl and resulting shopping centers in the outskirts. He commented that you cannot stop progress. Mr. Ed Puetz, 1100 East Girard Avenue, spoke for the shopping center and expressed his objections to the interference by Cherry Hills residents in Englewood City matters. Mrs. Beverly Bassett, 3809 South Broadway, expressed her interest in the provision for shopping centers as it would provide property and sales tax base as well as diverting shopping from Denver to Englewood. She discussed the commercial zoning existing in Cherry Hills Village while residents of Cherry Hills object to the shopping center within Englewood. She summarized that most Englewood residents favor the proposed center. Mr. M. M. Summers, 3140 South Delaware, spoke in favor the proposed shopi.ng center and against the proposed Charter amendment restricting zoning of residential areas. He reviewed the provisions existing for the protection of residents of the area surrounding a territory being considered for zoning. He spoke of the City's need for commercially zoned and developed land as well as the residential zones. He spoke of the development of shopping centers as being similar to the growth of chain stores in the past. He stated that shopping centers do hurt downtown areas as the chain stores did effect the neighborhood grocer. He ex- pressed the view that both changes were for the ultimate good. He discussed actions of the City in the past which were not good business deals and em- phasized that the Council in his opinion would be acting for the good of the community if the proposed zoning is approved. He spoke that he is a citizen of Englewood and favors Englewood business. He begged that the Council not be carried away by the voices of opposition. Mr. Myron Bott, 3101 South Downing Street, spoke in favor of the shopping center and reviewed the development of the Cherry Hilla area as well as north- east Englewood whereby a considerable storm drainage problem has developed. He stated that he was in favor of Englewood and the development of Englewood. He objected to persons outside of En glewood casting water upon northeast Englewood area as well as objecting to the development of the City as it sees fit. He stated that people on the hillside are never in favor of storm sewers. Mr. Rober Carr commended the Planning Conmiasion and staff for the development of the Comprehensive Zoning Ordinance. He expressed the view that the B-3 zoning will give Englewood a means for dynamic growth which it needs. Mr. Orvil H. Sparks, 2724 South Sherman Street, stated he has been a resident of the City for 43 years and had seen it grow up from a "pup". He said that a city cannot operate on residential taxes only and needs commercial and B-3 zoning development. He commented upon the great amount of duplication of businesses which exist in the central business district. He recalled that once "Believe It Or Not Ripley" stated that more shops were in one block of Downtown Englewood than any other place in the world. He summarized by stating that Englewood Councilmen have the duty to represent Englewood citizens and not others in another city. RECESS The Mayor called a recess of the Council. CALL TO ORDER The Mayor called the Council to order at 10:45 P.M roll, the following members were present: Upon the call of the ouncilmen: Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. The Mayor declared a quorum present. 110 Minutes of August 5, 1963 631-72 CONTINUED PUBLIC HEARING ON COMPREHENSIVE ZONING ORDINANCE The Mayor asked those who are in opposition to the B-3 district and its application as set forth in the proposed zoning map to speak. The following letter presented to the City Council. The City Clerk read the letter as follows: Mayor and Councilmen: City of Englewood Englewood, Colorado Gentlemen: CHERRY HILLS VILLAGE, COLORADO August 5, 1963 I am writing this letter to you to reaffirm the oppoation of the Town of Cherry Hills Village to any rezoning which would permit the development of a regional shopping center at the KLZ tower site. Unfortunately our own Council meeting prevents me from appearing in person as I have done in the past. I refer you to the report of the Cherry Hills Planning Commission which is in the record before for the reasons why we feel the Cinderella City development is undesirable. ~ I cannot emphasize too strongly the strong hazards, the congestion, the deleterious affect on a residential neighborhood and endless complications that will follow. Flooding is a serious hazard although I do not believe that it will affect the town of Cherry Hills Village. Please be assured that we appreciate the past and present harmonious relation- ships between the town of Cherry Hills Village and the City of Englewood. If it were not for our feelings that the defeat of Cinderella City is vital to the continued well being of the area, we would not approach you on this matter. Very truly yours, /s/ Robert P. Davison, Mayor. Mr. George Creamer, 928 Equitable Building, Denver, representing those in opposition of the B-3 zoning and application of that zoning to the former KLZ site, distributed copies of a letter prepared by him and Fred Winner stating legal objections to the proposed ordinance and center. He referred to the inventory of documents filed with the City Planning Commission and the City Clerk listed by the Planning Director, Mrs. Romans, and asked that the Council take note of these filings. He stated that technically the City Council is considering a new Zoning Ordinance and only two areas have been brought under the consideration of the Council, zoning of residential areas to apartments houses and the application of B-3 zoning. He commented that very few zoning changes were proposed on the zoning map except as noted. He reviewed the history of the development of the C-3 or B-3 Business Zone and the application of that zone to the KLZ site. He reviewed the results of court cases against the zoning of the area and commented upon the City Council's rejection of the C-3 zoning in November, 1962 when an insufficiently favorable vote was cast by its members. He stated that no changes of condition relating to the zoning have occured and without such changes the City has no further jurisdiction. He spoke with regard to zoning in prin- ciple and its rights and burdens. He stated that zoning does not end at a political boundary and that the citizens of ad j oining areas have the right to be heard in the case relating to the issuance of a building permit for the construction of a shoging center and that the City Attorney of Englewood had not the authority to represent them. He looked forward to the defeat of the shopping center interests in securing requested building permit as well as the potential defeat of the City should it determine to rezone the KLZ site. He reviewed other legal and personal objections to the location for a shopping center. He remarked that the developer is not a citizen of Englewood and in this type of operation must be seeking his own gain to the detriment of all others concerned. He summarized by stating the Zoning Ordinance was defective, that the public hearing was defective, that the Council had acted inconsistently by defending the Building I 1spector for denying a building permit for a shopping center while entertaining a Zoning Ordinance which would permit the shopping center, and further that legal protests were filed against the B-3 zoning requiring a greater than a simple majority vote of the Council on the matter in any case. He thanked the Council for permitting him to speak on behalf of his clients. Mr. John G. Wells, 3602 South Gilpin, Co-Chairman of the Committee for Integrity of Zoning, stated that neither the Planning Commission or City Council has determined the need for a shopping center at this site and that previous studies presented on behalf of the proposed shopping center were faulty. He presented several letters, reports and filed them with the City 'I I I I I I I I Minutes of August 5, 1963 Clerk for the Council's review. He reviewed that the home owners in the area relied upon the existing zoning. that there had been no change in the character of the neighborhood, that such change of zoning would degrade the surrounding area, would cause a traffic problem, that no hardships exist for the present owner whereby special relief should be granted. Mr. Blake Heister, Co-Chairman of the Committee for Zoning Integrity, asked what the present zoning of the transmitter site is. The City Attorney replied that the City took the position on the denial of the request for a building permit, that the zoning was residential R-1-A. Mr. Heister commented that the present zoning is not indicated in any manner whatever upon the Official Zoning Map. There were no further comments from the Attorney or Planning Director. Mr. Heister con- tinued that the zoning of the proposed site was recommended for C-3 and denied. There has bee n no change in the character of the land nor the conditions of its use. The owners of the land are not Englewood residents and the City Council should not be led astray by the fact that some of the protestants of the zoning are from Cherry Hills Village as many more are from Englewood. They both have equal rights to oppose the zoning as they border upon the land to be zoned. He summarized by stating that the site is simply not a good place to locate a shopping center. v Mr. Martin Deuth, 2201 East Floyd Avenue, Chairman of the Northeast Engle- wood Citizens Committee, stated that he and his group had reliance in the character of the area during the past 10 years of deve~pment. It has been con- sistently zoned and developed in single-family residences. He spoke of the current effort to establish a shopping center in the midst of this residential and of the difficult circumstances whereby the Council was divided zoning on the defense of a suit against the Building Inspector to order him to issue a building permit for the shopping center in a residential zone. He stated that he did not desire, nor did the Northeast Englewood Citizens to fight with its elected officials. He commented on the inconsistency of the Council whereby a "T" zone had been denied because of opposition to change by the surrounding residents while similar opposition of the KLZ site was of no avail. He sub- mitted copies of letters filed with the Planning Commission expressing the oppostion of the North .. t Englewood Citizens as well as two statutory petitions which represented, with those previously filed with the Planning Conunission, over 50% of the owners within a 100 foot radius of the proposed zoning. He submitted additional petitions in opposition and lists of those in opposition at the Planning meeting as well as those protesting at the present hearing. Mr. Deuth spoke further of the drainage problem in the area as represented by a recent hail storm whereby hail was piled up throughout the area.. He also reviewed that the Kent School site must be considered as a logical extension of the proposed shopping center although not under consideration at this time. He disagreed with the amount of tax money to be derived from the center and the jobs to be created by the construction of the center. THE MAYOR CALLED A RECESS OF THIS ITF.M ON THE AGENDA UNTIL THE NEXT REGULAR MEETING MONDAY, AUGUST 19th. Mr. Harold Feder rose and informed the Mayor that he did not have authority to continue the hearing by notice or by law. Discussion ensued. The City Attorney recommended that the hearing be completed. Mr. Thomas c. Moran, 2000 East Eastman, reported upon his recent efforts to refinance his home. When the location was noted as adjoining the proposed shopping center, the loan officer· indicated that Mr. Moran was not eligible for a loan at a preferred interest rate. The loan officer went further to in- dicate to Mr. Moran that his house would lose $3,000.00 in value as a result of the construction of the center. Mr. Moran summarized stating that passage of the ordinance as proposed would deprive him of his property rights and that he would make every effort to protect those property rights. He stated that the City Council also has a duty to protect the property rights of the citizens. Mr. Harold Feder directed comments to Councilman Jleiling inquiring of his ability to judge the merits of the proposed zoning ordinance with regard to the B-3 zoning when he was active in and an officer of a group who was promoting the proposed zoning and shopping center. He asked that Mr. Kreiling remove himself from the consideration of the proposed zoning ordinance due to bias. Mr. Feder then expressed the view that Mrs. Smith's objections were too late that the proposed Comprehensive Zoning Ordinance and district map were cut and dried and no change would be made. He objected on his own behalf of the boot strap efforts to change the nature of an area by allowing boarders and nursery homes to be a permitted use in that area so that it could be said that the nature of the area had changed thereby making it eligible for lower zoning classification. He said that he and his neighbors, all citizens of Englewood, have objected to the proposed rezoning in the past and at the present time and have fought the rezoning were about to pay but financed through their own efforts while Mr. Von Frellick has paid as high as 25¢ to 50¢ per signature on petitions. He summarized by stating that he had no course but to plead to the Council to reconsider its actions in light of the past court decision then if the Council does not hear his plea take the matter to court and win the case again. He emphasized that he was not threatening the Council simply telling them what would occur. ·112 Minutes of August 5, 1963 Mr. Joseph F. Little, 3675 South Franklin, representing the Englewood Merchants Association requested that an aerial map of the proposed B-3 zoning site and a counter petition bearing 90 signatures of business men in protest to the proposed zoning be re-filed with the Council at this hearing. He spoke in favor of the Charter amendment mentioned and set forth in full previously. He emphasized that there was no petition or request for rezonlng of the KLZ site by the owners, that this effort was being initiated by the Planning Com- mission and staff. He reviewed the unfairness of tax assessment on shopping centers as compared with the central business area and expressed the thought that this was the prime reason for the opposition of the downtown businessmen toward the proposed rezoning. He read from a newspaper article, written by an official of the Small Business Authority, reporting on the effect of shop- ping centers on small business men. He spoke finally that residential areas must be protected and asked that the Council not approve the proposed B-3 zoning. Mr. J. B. Kennedy, 3225 South Race Street, commented with rather strong derision that one Councilman has been asleep during the hearing. Mr. Kennedy spoke further that the Northeast Englewood Citizens mean business and that under the circumstances there is no justification for the present meeting or hear- ing and that is is a complete farce. Mr. Rike Wootten, 2288 East Eastman Avenue, stated that he has two small children and his house will be located one house from the corner of a street which will be a truck route to the proposed shopping center. He is opposed to the proposed rezoning and if the Council proceeds with the Zoning Ordinance that he will simply have to dig a little deeper to bring up the necessary funds to pay his share of the lawsuits entered in opposition. Councilman Braun called the Mayor's attention to the receipt of a let- ter from Mr. Alex Holland relating to this matter. The Mayor asked that the letter be read at this time. The City Clerk read the letter Alex B. Holland, 41 Lakeside Center, Denver 12, Colorado dated August 1, 1963 addressed to the Honorable Mayor and City Council stating that as an officer and one of the attorneys for Beau-Monde Company that he had been authorized to direct a letter to the Council that may be part of its records. The letter reviewed that Beau- Monde is the owner of a tract of land previously referred to as the KLZ Transmitter Site and had no objection but on the contrary considers the proposed zoning as appropriate and proper and consistent with the findings and recommendations of the Planning and Zoning Commission. He asked that the Council in its deliberation consider all the surveys, reports, materials and statements submitted to the Planning and Zoning Commission and City Council previously in this matter. He reviewed the suit currently pending before the District Court requiring that a building permit be issued and indicated that should the zoning be completed that this suit would be dropped. If the zoning were not completed the suit would be carried to its conclusion, probably voiding all zoning and rezoning of land since 1955 and granting an order for the issuance of a building permit for the construction of the pro- posed shopping center. He stated further that if the zoning is not permitted and if the suit to grant the building permit were lost apartment units could be erected upon the site containing 3,500 apartments. Mr. Harold Feder reviewed the letter written by Alex Holland as a very thinly veiled threat. He remarked that if the Council denies the B-3 zoning then there is but one lawsuit for the City to face. If the B-3 zoning is per- mitted that act i on would be taken into court without the release of the action for a building permit brought by Beau-Monde, and there would be two suits on the matter. He suggested that the Council be practical and grant Mr. Von Frellick but one occasion t9 achieve his purpose. The Mayor continued reviewing the remaining sections of the Zoning Ordinance. Mr. George Johnston, 2401 South Pecos Street, inquired about the use of incinerators in the I-2 district. He said that for the past five years he and the other residents of the Scenic View Area have been fighting the burning of cars. He stated that there was no definition or specificationfor the construction of an incinerator. He also expressed his objection to the inclusion of a sewage disposal plant within this zone. Councilman Braun offered an amendment to Section 22.5-13 a (4) by adding thereto an amendment defining incinerators. He remarked that gas fired incinerators for household waste disposal were becoming more and more popular in all types of residences and businesses. He then read his proposed amendment. "Incinerators provided with a supplemental fuel may be installed anywhere within the rear yard or on back porches, in patios, or in garden houses or similar structures in a manner consistent with the conditions of ap- proval of the American Gas Association as published in ASA -Z21.30 - 1959 and manufacturers instructions." The Mayor remarked that the amendment would be considered later with other proposed changes in the Comprehensive Zoning Ordinance. I I I I I I I I Minutes of August 5, 1963 The Mayor asked if there were any other comments upon the proposed Zoning Ordinance. There were none. COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECONDED, THAT THE PUBLIC HEARING UPON 'ItiE COMPREHENSIVE ZONING ORDINANCE BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN MILES MOVED, COUNCILMAN WOODS SECONDED, THAT THE MATTER OF THE CCMPRRHENSIVE ZONING ORDINANCE AND DISTRICT ZONING MAP BE TABLED UNTIL THE NEXT REGULAR MEETING. Counci1man Braun stated that it may be impractica1 to consider the ordinance at its regular meeting but that if i t were not practical it could be tabled again. Discussion ensued. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 632-29 PUBLIC HEARING ON ORDINANCE RESTRICTING FILLING STATIONS COUNCILMAN LOVE MOVED, COUNCILMAN PARKER SECONDED, THAT THE PUBLIC HEARING ON AN ORDINANCE LIMITING THE LOCATION OF FILLING STATIONS BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None • The Mayor declared the motion carried. The City Clerk announced that the notice of Public Hearing included the text of the proposed ordinance and a statement that the ordinance had been passed on first reading. He stated that this ordinance had been introduced only that the publication and notice was in error. The Mayor, after consulting with the City Attorney, r~uested that the present hearing be closed and that a new date for hearing be set. COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. The City Attorney suggested that September 3rd be set as the date for the new hearing and asked that a motion be made to that effect. COUNCILMAN PARKER MOVED, COUNCILMAN LOVE SBCONDED, THAT A PUBLIC HEARING ·ON A PROPOSED ORDINANCE TO LIMIT THE LOCATION OF FILLING STATIONS BE SET FOR TUBSDAY, SEPTEMBER 3rd AT 8:00 P.M. AT THE CITY HALL COUNCIL CHAMBERS AND THAT PROPER NOTICE BE MADE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. Minutes of August 5, 1963 632-34 RELATING TO PROPOSED PAVING DISTRICT NO. 14 The City Manager stated that an appropriation within the Improvement Pre- liminary Fund for the expenditures of monies necessary to meet the initial organi- zation costs of Paving District No. 14 should be acted upon. He asked that the City Clerk read the prepared resolution. The City Clerk read the following resolution: RESOLUTION WHEREAS, it is deemed necessary and expedient during the fiscal year of 1963 to expend from the Improvements Preliminary Fund certain expenditures necessary to meet the preliminary cost of certain improvement districts: and WBBRBAS, the City Council now deems it advisable to appropriate certain funds for these necessary expenditures: and WHBRBAS, the City Clerk-Treasurer has certified that there is an eligible un- appropriated surplus in the Improvements Preliminary Fund at this time sufficient to cover such necessary expenditures: NOW, TBBREFORE, BE IT RESOLVED that the City Council appropriate from the un- appropriated surplus in the Improvements Preliminary Fund the following appropriation: PAVING DISTRICT NO. 14 •••••••.••••••••••••••••••••• $15,000 BE IT FURTHER RESOLVED that the City Clerk-Treasurer be and he is hereby author- ized and directed to revise the City's financial records accordingly before closing such records for the fiscal year of 1963. ADOPTED AND APPROVED this 5th day of August, 1963, A.D. ~~AA11A-/j7{ --er T --' v -Mayor ATTEST: COUNCILMAN LOVE Mal'ED, COUNCILMAN PARKER SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None • The Mayor declared the motion carried. 632-35 PROCEEDINGS OF CITIZENS ACTION COMMITTEE MEETING OF JULY 24th The Mayor asked that the minutes be received and placed on file. The Mayor reported that he had received a letter from Richard M. Graham, Chairman of the Citizens Action Committee, as follows: Hon. L. L. Brownewell, Mayor City of En glewood City Hall Englewood, Colorado II RICHARD N. GRAHAM Attorney at Law 3395 South Bannock Englewood, Colorado sunset 1-7854 Re: Citizens Action Conunittee Dear Mayor Brownewell: August 1, 1963 As you well know, the Citizens Action Conmittee, at its meeting on Wednesday I !I I I I I I I Minutes of August 5, 1963 evening, July 31st, upon motion, determined that it was in their best interest to have made available to them a professional traffic consultant, for the purpose of meeting with the Conmittee and advising it on technical matters which appear to be under imminent consideration. We would greatly appreciate your bringing it to the attention of the Council that our Committee deems this step necessary, and request authorization for the aame. If at all possible, we would like to have this consultant made available to us by the time of our next committee meeting on Wednesday evening, August6, 1963, at 7:30 o'clock p.m., in the First National Bank Building. The Committee also requested that you appoint, with the approval of the Council, a lady to replace Mrs. Czarqey, who declined her position on the Committee. Very truly yours, /s/ RICHARD N. GRAHAM RNG:ns cc: Mr. Stanley Dial, City Manager" Discussion ensued. The City Manager suggested that the Committee meet with a consultant to determine the extent and scope of the auu~y to be undertaken by that consultant. COUNCILMAN WOODS MOVED, COUNCILMAN MILES SECONDED, THAT THE CITY MANAGER ARRANGE FOR A TRAFFIC CONSULTANT TO MEET WITH THE CITIZENS ACTION COMMITTEE AT ITS NEXT MEETING TO DETERMINE THE NEEDS AND SCOPE OF THE STUDY SO THAT THE COMMITTEE MIGHT REQUEST THE HIRING OF A CONSULTANT AS MAY BE REQUIRED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None • • Absent: None. The Mayor declared the motion carried. 632-5 PROCEEDINGS OF MEETING OF CAREER SERVICE COMMISSION OF JULY 24, 1963 The Mayor asked that the minutes be received and placed on file. 632-4 PROCEEDINGS OF BOARD OF ADJUSTMENT AND APPEALS MEETINGS OF JULY lOTH AND JULY 20TH The Mayor asked that the minutes be received and placed on file. 632-36 Relating _i2 Retaining Wall encroaching upon City Property The City Clerk read the following recommendation from the Board of Adjustment and Appeals: "The Board of Adjustment and Appeals recommends to the Englewood City Council for consideration the following request for retaining wall pro- posed to encroach upon City property, filed by Mrs. Grace McElroy, 970 East Dartmouth Avenue, requesting for permission to erect a retaining wall along the north (front) property line for a distance of 56 feet and to be within 12 inches of the City sidewalk, said wall to be of graduated heighth as necessary to protect the terrain." COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECONDED, THAT THE ENCROACHMENT BE APPROVED AND THA9 THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE PROPER AGREEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 632-7 PROCEEDINGS OF WATER AND SEWER BOARD MEETING OF JULY 16TH The Mayor asked t h at the minutes be received and placed on file. 632-37 Proposing Annexation of Tr act in Souchqate Sanitation District The City Clerk read the following recommendation from the Englewood Water and Sewer Board: Minutes of August 5, 1963 "That the following described land be allowed to annex to the Southgate Sanitation District by supplemental agreement: The West 150 f eet of the Sout h 200 feet of Tract 40, Clark Colony (in Section 21, Township 5 South, Range 67 West of the 6th Principal Meridian), more particularly described as follows: Beginning at the Southwest corner of said Tract 40, thence Bast 150 feet, thence North 200 feet, thence West 150 feet, thence South 200 feet to the point of beginning." Councilman Braun asked that the proposed agreement be referred to the City Attorney to be reviewed and explained some of the difficulties that Englewood has incurred with regard to maintenance of the Englewood Dam in this general area. Councilmen Kreiling and Brownewell assured Councilman Braun that the particular land concerned was not in or adjoining the area of the Englewood Dam site. COUNCILMAN PARKER MOVED, COUNCILMAN LOVE SECONDED, THAT THE SUPPLEMENTAL AGREEMENT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kr eiling, Love, Miles, Parker, Woods, Brownewell. Nays: Councilman Braun. Absent: None. The Mayor declared the motion carried. 632-38 Relating to Special Water Consultant The City Clerk read the following recommendation of the Englewood Water and Sewer Board: "That Mr. M. o. Shivers, Jr., be asked to be present at all possible future Water and Sewer Board meetings as spacial water consultant." The Mayor reviewed that Mr. Shivers had been on retainer previously and • that this retainer had been $1,200.00 per year. COUNCILMAN MILES MOVED, COUNCILMAN BRAUN SECONDED, THAT THE RECOMMENDATION BB APPROVED AND THAT MR. M. O. SHIVERS BE PLACED UPON RETAINER OF $100.00 PER MONTH AS SPECIAL WATER CONSULTANT TO THE WATER AND SEWER BOARD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Milas, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 632-6 PROCEEDINGS OF PLANNING AND ZONING COMMISSION MEETING OF JULY 18TH The Mayor asked that the minutes be received and placed on file. 632-39 RENEWAL OF COUNTY LIBRARY CONTUCT The City Manager reported that this was a renewal of the existing contract with a change in the distribution percentages as previously discussed. The City Attorney reported that he had reviewed the agreement and it was in conformance with the understanding that the Council has in the matter. COUNCILMAN WOODS MOVED, COUNCILMAN LOVE SEOONDED, THAT THE COUNTY LIBRARY CONTRACT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE SAMB ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 631 ~54 COUNCILMEN'S DETERMINATION ON BUSINESS AND OCCUPATIONAL TAX The City Manager discussed the proposed repeal of the Business and Occupational Tax on June 30, 196&. He offered various su99estions for recuperation of those · funds to be lost by the repeal of the Business and Occupational Tax. He suggested that the cigarette tax be increased by one cent as a revenue recovery method. I I ,I I I I I I Minutes of August 5, 1963 He reported that with review of departmental budget requests and in light of revenue forecasts that if the above proposal is accepted that the City can maintain the same General Fund levy excepting any levy the Council may desire for the Public Improvement Funds. He expressed the need for a determination at this meeting so that the budget could be finalized. Councilman Braun spoke for the return of the escrow monies and abandonment of the Business and Occupational Tax as of December 31, 1963. COUNCILMAN MILES MOVED, OOUNCII.MAN WOODS SEOONDED, IN AS MUCH AS THE CBAMBBR HAS REC<»tMENDED THAT THE BUSINESS AND OCCUPATIONAL LICENSE TAX BE TENtINATBD ON JUNE 30, 1964, 'DIAT THE RECOMMENDATION BE ACCEPTED AND THE CITY ATTORNEY BE DIRECTED TO DRAFT AN ORDINANCE REPEALING THE BUSINESS AND OCCUPATIONAL TAX EFFECTIVE JUNE 30, 1964. COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECX>NDBD THAT THE MOTION BE AMENDED TO READ EFFECTIVE DECEMBER 31, 1963. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Parker. Nays: Councilmen Kreiling, Miles, Woods, .Brownewell. Absent: None. The Mayor declared the amendment to the motion defeated. The Mayor asked for roll call upon the motion as originally presented. upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Woods, Brownewell. Nays: Councilmen Braun, Parker, Absent: None • The Mayor declared the motion carried. The City Attorney asked directions as to what businesses or types of businesses the Council '#'Ould desire to have control over through a license mea- sure. Discussion nensued. COUNCILMAN KREILING MOVED, OOUNCILMAN MILES SECONDED, THAT THE CITY COUNCIL DIRECT THE CITY MANAGER AND CITY ATTORNEY TO WORK ON A REGULATORY LICENSING ORDINANCE FOR CONSIDERATION BY THE COUNCIL AT A TIME TO BE EFFECTIVE PRIOR TO THE TERMINATION OF THE PRESENT BUSINESS AND OCCUPATIONAL LICENSE TAX ORDINANCE. upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 632-22 CONTRACT WITH JOHN B;. ANDERSON ARCHITECT The City Manager reported that the final draft of the architects contract had been completed and aigned by the architect. He asked that the agreement be ratified by the Council. COUNCII"1AN BRAUN MOVED, COUNCIIJ.\AN KREILING SECONDED, THAT THE AGREEMENT BBTWEEN THE CITY OF ENGLBWOOD AND THE ARCHITECT BE RATIFIED AND 'DIAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. RELATING TO DENVER CITY DITCH The City Manager reported that a week ago last Wednesday, he, the City Attorney, Special Water Consultant, Mr. and Mrs. Fox and Bill Myrick, represent- ing the State Legislature, met with the Chief Engineer of the Denver Water Board to consider the closing or covering of the Denver City Ditch within Englewood. The result of the meeting was to reaffirm that Denver was seeking another source of water to irrigate the Denver parks and satisfy a committment to the Denver Country Club. .r-..,. Minutes of August 5, 1963 632-40 RESOLUTION RELATING TO WATER SHORTAGE The City Manager reported that irrigation restrictions had been relaxed since the goal of reducing water consumption to 14,000,000 gallons per day had been achieved. He stated that this had been achieved as a result of the recent showers. He reported upon efforts to develop additional wells and estimated the cost of the developing of these wells to be approximately $21,000.00 with another $7,000.00 to assure more water from existing wells. He spoke of water restriction enforcement practices inside and outside of the City. He asked the Council to confirm the action in relaxing the irrigation hours to four hours every other day and provide a resolution to appropriate funds necessary for the development of further wells. COUNCiatAN WOODS MOVED, COUNCILMAN MILES SECONDED, THAT THE CITY COUNCIL APPROVE THE ACTION OF THE CITY MANAGER IN EXTENDING WATER USE FOR LAWN IRRIGA- TION TO FOUR HOURS PER DAY EVERY OTHER DAY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. The City Manager presented a resolution to appropriate surplus funds. The City Clerk read the resolution as follows: RESOLUTION WHEREAS, an emergency exists in the City of Englewood affecting the public property, health, peace and safety, in that an unforeseen and unprecedented shortage of water has occured, caused by a prolonged and unprecedented drouth condition, which requires emergency measures to provide the customers of the City of Englewood with a minimum of water; and WHEREAS, immediate steps must be taken to obtain additional or substitute water for the duration of the emergency, and necessary expenditures made therefor; and WHEREAS, the City Council of theCity of Englewood hereby finds, determines and declares that the current water emergency affects the public property, health, peace and safety, and that the provisions of Section 118 of the City Charter must be invoked to waive the Charter provisions as to competitive bidding, and to direct the Purchasing Officer to purchase necessary supplies in the open market at not more than competitive prices. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, this 5th day of August, 1963, that the provisions of Section 118 of the City Charter of said City are hereby invoked; that the provisions of the Charter as to bidding and purchasing are waived for the duration of the current water emergency for the purposes of obtaining additional or substitute water; and that be Purchasing Officer be and is hereby authorized and directed to make such expenditures as may be necessary in connection therewith without competitive bidding and to purchase necessary supplies in the open market at not more than commercial prices. BE IT FURTHER RESOLVED that an appropriation of $30,000. is hereby made from the water fund for the use of the Purchasing Officer in carrying out the provisions and purposes of this resolution. Adopted and approved this 5th day of August, 1963 A.D. ~urdZ Mayor ATTEST: COUNCILMAN BRAUN MOVEa('COUNCILMAN LOVE SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, woods, Brownewell. Nays: None. Absent: None. '.1.1 he l".1.a v or declared the motion carried. I I I I I I I I Minutia of August 5, 1963 The City Manager reported upon the potential purchase of raw water from Denver. He stated that he would meet with the Denver Water Board officials on Friday, August 9 t h . 632-34 RELATING TO 1964 PAVING The City Manager announced that he had set September 30, 1963 as the dead line for receipt of paving petitions for work to be completed in the 1964 paving district. CITY MANAGER'S VACATION The City Manager reported that if possible he planned on being out of the City for a week from August 16th to August 22nd and he would not be in the City for the next Council meeting. APPOINTMENT OF AUDITOR FOR 1963 The City Manager ·requested that the City Council make an appointment of an auditor for 1 9 63 so t hat the company could begin the initial work and the audit could be completed shortly after the first of the year. Dissc ussion ensued. COUNCILMAN PARKER MOVED, COUNCILMAN LOVE SECONDED, THAT WALTER E. HEIDER AND COMPANY, CERTIFIED PUBLIC ACCOUNTANTS, BE EMPLOYED TO AUDIT THE CITY OF ENGLEWOOD FINANCIAL TRANSACTIONS FOR 1963. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 631-27 WESTERN SLOPE WATER DEVELOPMENT The Mayor announced that w. w. Wheeler and Associates, Engineers, had com- pleted the plans and specifications on the first phase of the pipeline from Waldon Hollow-Meadow Creek conduit and requested permission to advertise for bids to be received at 10:00 A.M. on Tuesday, September 3, 1963. WUNCIIMN BMUN MOWD, COUNCIIlll\N fl\WH ~15COliDID 1 THl\T THfi ADWRTl~lHv FOR BIDS 'fO BE OPENED ON SEPTEMBER 3RD BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. 632-9 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR MONTH OF JULY COUNCILMAN PARKER MOVED, COUNCILMAN MILES SECONDED, THAT THE BILLS, CLAIMS AND INVOICES FOR JULY, 1963 AS APPROVED BY THE CITY MANAGER AND LISTED BY THE CITY CLERK BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the motion carried. MAYOR'S CHOICE The Mayor complimented the City Manager on his handling of the recent water emergency and shortage. COUNCII.MEN'S CHOICE Councilman Parker spoke of his objections to the continued issuance of new water taps in the outside of Englewood Water districts until the water emergency is over. Councilman Braun stated that he concurred in principle but reminded Councilmen Parker that the large districts are undeveloped and to cut off water taps peridically, as Englewood has temporary water shortages would very possibly result in those districts connecting with another source of water supply. Discussion ensued. 120 ~ Minutes of August 5, 1963 Councilman Parker asked that a franchise type tax on water be established as necessary to meet the general fund shortage for 1964 occasioned by the re- peal of the Business and Occupational Tax. There was no further discussion. ADJOURN COUNCIIMAN WOODS MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: None. The Mayor declared the meeting adjourned at 2:23 A.M., Tuesday, August 6, 1963. /s/ B. o. Beausang, City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 5th day of August, 1963 A.O., stand approved as written this 19th day of August, 1963 A.O. I