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HomeMy WebLinkAbout1962-01-02 (Regular) Meeting MinutesI I I • COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 2, 1962 RBOULAR MEETING: The City Council or the City or Englewood, Arapahoe County, Colorado, met in regular session on Tuesday, January 2, 1962, in the Council Chambers, City Hall, Engle- wood, at the hour of 8:00 P.M. Mayor Kreiling presiding called the meeting to order and the invocation was given by the Reverend Orville Reeg of the Grace Lutheran Church. The Ma~or asked for roll call. Upon the call of the roll, the following per- sons were present: Councilmen: Braun, Brownewell, McLellan, Martin, Miles, Woods, Kreiling. Also Present: City Manager Rudd, City Attorney Esch, City Clerk Beausang. Absent: None. The Mayor declared a quorum present. 621-2 MINUTES OF PREVIOUS MEETINGS COUNCIIMAN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE MINUTES OF THE MEETINGS OF DECEMBER 4TH AND DECEJttBER 18, 1961, BE APPROVED AS CORRECTED. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kre111ng. Nays: None. Absent: None. The Mayor declared the motion carried. 621-12 RESIGNATION OF JUDGE BODAN AS MUNICIPAL JUDGE The City Clerk read a letter from William Bodan, Jr., Municipal Judge, dated December 26, 1961, addressed to the Honorable Mayor and City Council submitting his resignation from the office of Municipal Judge of Englewood effective January 15, 1962. Councilman Braun offered the name of Joe Atencio for the Council's consider- ation for the vacancy. He stated that Mr. Atencio had served as Municipal Judge during Judge Bodan's vacation. Discussion ensued. The Mayor requested that the mem- bers or the Council consider the vacancy and those persons who might quali~y to till the position. 621-13 The Mayor asked that the resignation be received and placed on file. RELATING TO EXPIRATION OF COUNCILMAN WOODS' TERM ON PARKS AND RECREATION COMMISSION The City Clerk read a letter from Colbert E. Cushing, Chairman, Englewood Park and Recreation Connission, dated December 26, 1961, addressed to the Honorable Mayor or the City of Englewood, calling the Council's attention to the expiration of the term or Councilman Woods on the Parks and Recreation Commission on February 1, 1962. An early appointment was urged so that the Conunission could reorganize in February. The Mayor asked that the conununication be received and placed on file and re~ rerred to the incoming Council for action. 621-3 MINUTES OP PARKS AND RECREATION COMMISSION MEETING OF DECEMBER 13TH The City Manager reported that a Joint meeting of the City Council and the Parks and Recreation C0111Dission had been set for the fourth Monday 1n January • • ( The Maxor asked that the minutes be received and placed on file. • See below1 621-7 MINUTES OP WATER AND SEWER BOARD MEETING OP DECEMBER 13, 1961 The Mayor asked that the minutes be received and placed on tile, as the recoamendationa had been considered by the Council previously. 621-6 MINUTES OP THE CITY PLANNING AND ZONING COMMISSION MEETING OF DECEMBER 21, 1961 621-14 Relating to denial of zoning request at 855 West Oxford Avenue The City Clerk read the reconunendation of the City Planning and Zoning Commission 1n 1'.111: .. 621-4 MINUTES OP BOARD OF ADJUSTMENT AND APPEALS MEETING OP NOVEMBER 17TH, DECPJmER 13TH AND 20TH The Mayor asked that the minutes be received and placed on file. 52 Minutes of January 2, 1962 • 621-15 "The rezoning request filed by Mr. Lundgreen for R-3-B be denied tor the following reasons: 1. The subject area does not meet the area requirement of at least one city block that was adopted by Council Resolution on August 5, 1957. 2. The subject area is not contiguous to a like zone classifi- ca.tion. 3. Adequate proof has not been presented to indicate that additional need exists for R-3 zone. 4. 'Dle surrounding area is now developed for single-family use. 5. There was considerable objection tO -~ the request, both by written petition filed with the Planning Conunission and by persons present at the public hearing before the Commission on December 7, 1961." Relating to denial or rezoning in 600 block West Oxford Avenue The City Clerk read the following recommendation of the City Planning and Zoning Commission in full: 621-16 "The rezoning request filed by Mr. Mccurdy for R-3-B zoning be denied for the following reasons: 1. The subject area does not meet the area requirement of at least one · city block that was adopted by Council Resolution on August 5, 1957. 2. The subject area is not contiguous to a like zone classifi- cation. 3. Adequate proof has not been presented _. to indicate that need exists within the City for additional R-3 zone. 4. An R-3-B zone classification in this area could create serious traffic problems were the site to be developed to the maximum density permitted undr the present Zoning Ordinance. 5. The surrounding area is now well developed with single- ramily uses. 6. There was considerable objection to the request bpth by written petition filed with the Planning Commission and by persons present at the public hearing before the Commission on December 7, 1961." Relating to denial of rezoning request 5000 block South Acoma The City Clerk read the following recommendation of the City Planning and Zoning Coamission in full: "The application for R-3 zoning submitted by Mr. Conrad be denied for the following reason: 1. The ownership generally extends from Broadway to Acoma, and it is felt unwise to break zonings on a single ownership; therefore, it was felt that the best use of this land would be C-2 zone classification." 621-18 Denial of rezoning request between Downing and Marion south of Hampden The City Clerk read the following recommendation of the City Planning and Zoning Camniasion in full: "The rezoning request filed by Mr. Nazarenus be denied for the following reasons: 1. The study made of the subject area does not indicate that at this time a high density zone classification is justified. 2. Adequate proof of need for multi-family zoning has not been presented by the applicant to justify the rezoning of this area to R-3-B. 3. There was considerable opposition by adjacent property owners to the rezoning of this area for an R-3 use. 4. The development of this area as a high density use could create serious parking, traffic and pedestrian problems. I I I I I I Minutes of January 2, 1962 5. With the exception of the conunercial development on Fast Hampden, the area is developed with single-family and two-family uses. The two-family uses were made non-conforming by the Zoning Ordinance of 1955 which changed the zoning from R-2 to R-1-D. 6. The area is not contiguous to an R-3 zone classification." Councilman Braun stated that the above reconunendations for denial are informa- tive only to the Council at this time. 621-17 Relating to rezoning 4800, 4900, 5000 block South Acoma The City Clerk read the following recommendation of the City Planning and Zoning Commission in f\111: "The Planning Conunission reconunend to City Council the rezoning request submitted by Jerome Rush for C-2 zoning from Layton to Belleview, on Acoma, that is now zoned 'P', be approved for the following reasons: 1. The rezoning of this area to C-2 is primarily to correct a mistake made in past zoning procedure. 2. This P-Zone area has not developed for any use up to the present time. 3. The present P-Zone does not provide for the f\111 develop- ment of this area, and in fact restricts any profitable development. 4. Parking requirements are adequately provided for in each of the other possible zone classifications. 5. No alleys have been dedicated in the 4800 and 4900 blocks. 6. The existing P-zone divides ownerships and restricts de- velopment of the tracts that extend from Broadway to Acoma. 7. Any zoning other than C-2 or R-3 would be incompatible with the existing adjacent zone classifications. 8. If zoned to C-2, this zone would be contiguous to the ex- isting C-2 zone, and would be compatible with adjacent R-3 zoning. 9 . Since the present owners rely primarily on Broadway frontage, it is not probable that Acoma frontage would develop. 10. The present traffic circulation in this area would probably discourage the development of Acoma frontage. 11. We reel the problem of this area is peculiar to this area only, and rezoning or this area to C-2 does not constitute justifi- cation for C-2 zoning in other areas. 12. There was no objection to the request at the public hearing before the Planning Commission on December 7, 1961. 1 3. The area included in the rezoning request is not well developed residentially." COUNCILMAN BRAUN MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT A PUBLIC HEARING BB SET FOR MONDAY, FEBRUARY 5TH, AT 8:00 P.M. AND THAT THE PROPERTY.BE POSTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. The Mayor asked that the minutes be received and placed on file. 621-RELATING TO CIVIL DEFENSE FALLOUT SHELTER SURVEY The City Clerk read a letter from the Colorado Civil Defense Agency relating to a survey ot existing buildings which might be available for public tallout shelter• and for the appointment or a representative of the City of Englewood to cooperate with engineers and architects undertaking the project tor the 01v11 Defense Agency. Discussion ensued. 54 Minutes ot January 2, 1962 The City Manager suggested the appointment of the City Building Inspector as Englewood's representative to the Civil Defense Agency in this regard for several reaaona, including the Building Inspector's interest in Civil Defense work, his familiarity with buildings in Englewood and Civil Defense Director George Perrin's lack or time during the day to service on such a project. The Mayor suggested that Civil Defense Director Perrin be contacted and Building Inspector Wallace be suggested to him as an appointee. COUHCIIMAN BROWNEWELL MOVED, COUNCII.lttAN BRAUN SECONDED, THAT THE MATTER OP THE APPOIN'DIEMT BE TABLED UNTIL MR. PERRIN CAN BE CONTACTED. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. 621-10 QUARTERLY AND ANNUAL REPORT OF MUNICIPAL COURT The Mayor asked that the report be received and placed on file. 621-5 MINUTES OP CAREER SERVICE COMMISSIONERS MEETING OP DEC!MBER ?ITH The Mayor asked that the minutes be received and placed on file. 621-19 TREASURER'S CERTIFICATE OF AVAILABILITY AND RESOLUTION AUTHORIZING BUDOET ADJUSTMENTS FOR GENEkAL FUND The City Clerk-Treasurer read the following certificate in full: "I, B. O. Beausang, City Clerk-Treasurer, City of Englewood., County of Arapahoe, State of Colorado, do hereby certify that there is an unappropriated surplus in the General Fund of $25,213.37 available tor appropriation or transfer. SEAL /s/ B. o. Beausang City Clerk-Treasurer Dated: December 29, 1961" (Councilman Brownewell left the Chambers at 8:55 P.M.) The City Clerk read the following resolution in full: "WHEREAS, it has been deemed necessary and expedient during the fiscal year 1961 to expend from several budget accounts under the General Fund various amounts in excess ot the respective original figures therefor, and all for the best interests of the City; and WllERBAS, the City Clerk-Treasurer has certified that there is an eligible unappropriated cash balance in the General Fund at this time sufficient to cover such over-expenditures; NOW, THEREFORE BE IT RESOLVED that the following 1961 budget accounts be revised and increased by the amounts set opposite each respective account, and that the amounts be appropriated from the Unappropriated Su17lua or Cash Reserve in the General Fund. GENERAL FUND City Attorney's Office Account 160.12-2 ••.........••..•..........•• $ 1,100.00 Finance and Record Account 410.05-1............................ 1,200.00 Building Inspection Account 810. 01. . . . . . • . • . . . . . . . . . . . • • . • • • . • • • 1, 500. 00 General Governmental Account 1310.02 •.•••.•••..... $ .13-4 ........... . .13-61 .......... . .13~91 .......... . .13-95 ..........• 700.00 3,000.00 2,000.00 2,000.00 1,800.00 9,500.00 $13,300.00 I I "· .. I I :· Minutes or January 2, 1962 BE IT FURTHER RESOLVED that the City Clerk-Treasurer be and he ia hereby authorized and directed to revise the City's financial records accordingly before closing such records for the fiscal year 1961. ' ADOPTED AND APPROVED this 2nd day of January, 1962, A.O. Mayor ATTEST: =' The City Manager commented on the anticipated year end surplus for 1961 in excess or $120,000.00. He stated that of this amount over $60,000.00 was due to over-collection or revenues. Under expenditures and unappropriated surplus made up the balance. COUNCIIMAN WOODS MOVED, COUNCILMAN MARTIN SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED. (Councilman Brownewell returned to his seat at 9:04 P.M.) Upon the call ot the roll, the vote resulted as follows: Ayea: Councilmen Woods, McLellan, Martin, Miles, Braun, Kreiling. Haya: None. Abstaining: Councilman Brownewell. Absent: None. The Mayor declared the motion carried. 621-19 RELATING TO CIVIL DEFENSE FALLOUT SHELTER SURVEY . COUNCIIMAN BROWNEWELL MOVED, COUNCI!lttAN McLELLAN SECONDED, THAT THE MATTER BE BROUOHT PROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Hays: None. Absent: None • The Mayor declared the motion carried. Councilman Brownewell stated that he had telephoned Civil Defense Director Perrin, who had agreed with the appointment of the Building Inspector and expressed his own inability to serve for lack of available time. COUNCIIMAN BROWNEWELL MOVED, COUNCI!lttAN McLELLAN SECONDED, THAT THE BUILDING INSPECTOR BE APPOINTED REPRESENTATIVE TO THE COLORADO CIVIL DEPENSE AGENCY, REPRE- SENTilll THE CITY OP ENGLEWOOD AS REQUIRED IN THE FALLOUT SHELTER SURVEY. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Haya: None. Absent: None. The Mayor declared the motion carried and instructed the City Manager to notify Mr. Wallace of his appointment. 621-20 RELATING TO APPLICATION FOR LOAN FROM H. AND H. P. A. The City Manager reviewed and discussed in considerable detail the City or Englewood's application to the Housing and Home Finance Agency for a loan to cover coata or the atorm drainage survey and plan, certain recent revisions to that application and turther requirements requested prior to actual payment or the tunds. He stated that the original cost estimate or $2,500,000.00 will need to be increased to $4,129,000.00 in the application and that some provision to meet re- established requirements tor a definite conunitment and schedule for construction 56 Minutes of January 2, 1962 to be provided. He recommended, under the conditions as set forth by the H. and H. P. A. that the City Council pay the engineering fees for the survey from the General Punds of the City and not pursue the application for federal loan any turther. Councilman Brownewell concurred with the City Manager in this regard. Discussion ensued as to the principle of the matter whereby the survey was approved by the Federal Government and now after its completion funds were held up on various details previously waived or granted in favor of the City. COOHCIIMAN BROVNEWELL MOVED, COUNCI:u.tAN BRAUN SECONDED, THAT THE CITY OP EMJLEWOOD PAY HAROLD HOSKINS AND ASSOCIATES, ENGINEERS, FOR THE STORM DRAINAGE STUDY PRCl4 THE GENERAL FUND UNAPPROPRIATED SURPLUS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman Miles stated that he went along with the motion, but did not feel the City should give up on the collection of the money from the Federal Grant •. He e111>h&•ized that the City could not afford the $20,000.00 survey in spite of a te11POr&ry unappropriated surplus at this time. He urged that the City Manager continue to negotiate for the monies. He asked the City Manager to present a resolution which would correct the estimated cost in the application. The City Manager offered the following resolution for consideration of the Council. "WHEREAS, under authority granted by resolution of the City Council of the City of Englewood, Colorado, dated May 18, 1959, an application to the Housing and Home Finance Agency for an advance of funds tor Storm Drainage Planning was made under date of May 12, 1960, and such application was given Number P-Colo-3018; and WHEREAS, under Item 7 in such application the maximum coat was estimated as $2,500,000.00; and WHEREAS, the engineering firm employed bas discovered and identified many conditions and situations which increased their estimate of ultimate cost to $4, 129,000.00; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Englewood, Colorado, on this 2nd day of January, 1962, that the City Manager be authorized and directed to amend Item 7 in the original appli- cation to an amount of $4,129,000.00 instead ot $2,500,000.00; and BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Housing and Home Finance Agency with a request that such be considered with the original application. Adopted and approved this 2nd day of January, 1962, A.D. ATTEST: Mayor I, B. o. Beausang, City Clerk of the City of Engle- wood, County of Arapahoe, State of Colorado, do hereby certify that the above is a true and correct copy of a resolution of the City Council of the City of Englewood adopted on January 2, 1962, and appearing in the Official Minutes and Records of said city as filed in the City Clerk's Office! ATTEST: SEAL I I I I I I Minutes or January 2, 1962 COUNCIUUN BRAUN MOVED, COUNCILMAN McLELLAN SECONDED, THAT THE RESOLUTION BE ADOPTED AND APPROVED AND THAT THE CITY MANAGER BE INSTRUCTED TO CONTINUE NFDOTIATIONS POR '1'RE LOAN AS SET PORTH IN THE APPLICATION. Upon the call or the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. Councilman McLellan discussed the housing developments in the areas south and southeast or Englewood which will greatly affect the run-off characteristics or storm water into both Big and Little Dry Creeks. Discussion ensued with regard to negotiations securing right-of-way to the Englewood Dam for maintenance and cleaning. There was no action on this matter. 621-9 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR DECEJ4BER, 1961 The City Clerk-Treasurer stated that in addition to the bills, claims and invoices for December, 1961, there was a list of purchase orders outstanding charged against 1961 accounts. Discussion ensued. COUNCIIJtAN BRAUN MOVED, COUNCIIMAN MARTIN SECONDED, THAT THE BILLS, CLAIMS AND INVOICES 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 Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the motion carried. UNSCHEDULED CITIZENS AND VISITORS Mr. Edwin J. Nielson was present to register his formal protest of the action taken ·by the City Council at its last meeting in granting an award for a contract to the Allen Construction Company after his bid had been submitted four days late to the City Council. Mr. Nielson spoke in great detail about the irresponsibility ot the act and the lack of propriety of the particular action. The Mayor and Councilmen Miles and McLellan spoke on behalf of the Council and its action in ~ general. The City Attorney summarized by stating that at this time there could be nothing done to retract or correct the action. The Mayor thanked Mr. Nielson for his appearance. RECESS The Mayor called a recess of the Council until 10:20 P.M. CALL TO ORDER The Mayor called the recessed Council to order at 10:20 P.M. with the following Councilmen present: Councilmen Braun, Brownewell, Miles, Martin, McLellan, Woods, Kreiling. The 1'a7or declared a quorum present. MAYOR'S CHOICE The Mayor discussed the need for securing a judge for swearing in the new Councilmen at the meeting on January 8th. It was agreed that both Judges Lee and Poote be contacted 1n this regard. It was reviewed that the various appointments to be made by the new Council are the aa.e as the list previously prepared by the City Manager with the addition ot the appointment or the Municipal Judge and a representative to Englewood's Comnun1ty Council. .,. ... .... .. ' Minutes or January 2, 1962 The Mayor reviewed the estimate or paving costs in the area bounded by Oxford on the south, Hampden on the north, Santa Pe on the west and Inca on the east as prepared by W. O. Davies, City Engineer, i n the total amount ot $325,000.00. Dis- cussion ensued. There was no action. COUNCILMEN'S CHOICE Councilman McLellan reported on a recent meeting with a publicity company to establish a campaign tor the annexation of Centennial Acres. He stated that he was not too ravore.bly impressed with the proposal which would cost approximately $4,ooo.oo. He reported that Mrs. Romans, Planning Director, believed that mailing or a brochure and a series or coffees and teas in the area would allow the City to explain its position. Discussion ensued. There was no action on this matter. RECESS COONCIIMAN MARTIN MOVED, COUNCIU1AN BRAUN SECONDED, THAT THE MEETING BE RE- CESSED UNTIL 7:45 P.M., MONDAY, JANUARY 8, 1962, AT THE CITY COUNCIL CHAMBERS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Woods, McLellan, Martin, Miles, Brownewell, Braun, Kreiling. Nays: None. Absent: None. The Mayor declared the meeting recessed at 10~50 P.M. B. o. Beausang, City Clerk Clerk of the Council !be ainat .. of the wting of th• City council of the City of llnglMIOOd, color._ belcl on the 2nd day of January, 1962 A.D., atand approved•• corrected thi• -- Ith day of January, 1962 A.D. I: I