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HomeMy WebLinkAbout1982-08-12 PZC MINUTES• • SPECIAL MEETING: COUNCIL CHAMBERS City of Englewood, Colorado August 12, 1982 1~ The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on August 12, 1982, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitz- patrick. The pledge of allegiance was led by Mayor Eugene Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. Absent: Council Member Higday. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager Mccown * * Assistant City Manager Vargas City Attorney DeWitt Assistant Director of Community Development Romans Deputy City Clerk Watkins * * * * * COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING TO CONSIDER AN ORDINANCE ADDING PARAGRAPH 22.1-8 TO THE COMPREHEN- SIVE ZONING ORDINANCE TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILITIES FROM ITS REQUIREMENTS AND REGULATIONS. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Neal, Fitzpatrick, Weist, Silo, Bradshaw, Otis. None • • August 12, 1982 Page 2 Absent: Council Member Higday. The Mayor declared the motion carried. City Attorney DeWitt stated the purpose of the hearing was to consider an ordinance that · would exempt public utilities now and in the future from zoning ordinances. Mr. DeWitt stated the rea- sons for the ordinance were vital to the process of the City's water system, and to correct a misunderstanding concerning public utilities. Mr. DeWitt introduced George Zoellner, special legal coun- sel, who provided information to substantiate the proposed ordi- nance. Mr. Zoellner stated the ordinance gives the City Council flexibility in answering the needs of public utilities for the City. Mr. Zoellner stated the proposed ordinance was legislation that should have been passed years ago. It was not being presented only to alleviate the water tower case. Mr. Zoellner stated the ordinance extends a power Council has to place public utilities outside to placing them inside the City. There were no questions of Mr. Zoellner at this time. Mayor Otis asked for comments from the audience. Dick Richards, 1090 West Oxford Avenue, appeared before Council. Mr. Richards expressed concerns that the ordinance pro- voked an anti-democratic process in that it allowed the City to place public utilities without informing its citizens. Further the ordinance provoked an emotional level in citizens that would lead to mistrust and a disconnectedness among its citizens. Robert Lehr, attorney for Miller & Lehr, representing the opposing parties in the water tower case, appeared before Council. Mr. Lehr provided information concerning his clients' opposition. Mr. Lehr stated it was wrong for the City to pass an ordinance exempting the City from its zoning ordinances. Mr. Lehr argued the Court has ruled on three occasions that the City is bound by its zoning ordinances. Mr. Lehr stated the constitutionality of this ordinance will be argued in Court and the struggle will go on in the matter of the water tower. Assistant Director of Community Development, Dorothy Romans, appeared before Council. Ms. Romans entered into the record the following: 1) staff report prior to the public hearing of July 20, 1982; 2) the minutes of. the public hearing of July 20, 1982, before the Planning & Zoning Commission; and 3) the findings of fact of the Planning & Zoning Commission hearing held July 20, 1982. • August 12, 1982 Page 3 Council recalled Mr. Zoellner. Council Member Bradshaw asked for examples of cities having power outside its city limits to place public utilities. Mr. Zoellner responded if Cherry Hills wanted to build a utility in Englewood, it would have the power to do so and may without following any building criteria. Mr. DeWitt explained the City has built utilities against zoning ordinances in the past. Examples are the Zuni water tower, sewer lines, water lines, electrical lines, and storm sewers. Mr. DeWitt stated the Colorado State Statutes allow the municipality to provide utilities to meet community needs. There were no further comments. COUNCIL MEMBER BRADSHAW MOVED TO CLOSE THE PUBLIC HEARING. Council Member Fitzpatrick seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. ORDINANCE NO. 34 SERIES OF 1982 BY AUTHORITY COUNCIL BILL NO. 20 INTRODUCED BY COUNCIL MEMBER FITZPATRICK AN ORDINANCE ADDING PARAGRAPH 22.1-8 TO THE COMPREHENSIVE ZONING ORDINANCE TO CLARIFY THE EXEMPTION OF CITY OWNED OR OPERATED UTILI- TIES FROM ITS REQUIREMENTS AND REGULATIONS. COUNCIL MEMBER FITZPATRICK MOVED TO PASS COUNCIL BILL NO. 20, SERIES OF 1982, ON FINAL READI~G. Council Member Neal seconded the motion. Council Member Bradshaw stated she was not comfortable with the ordinance and would oppose its passage. Council Member Weist stated he was in favor of the ordi- nance. Mr. Weist stated water was a vital utility and some citi- zens were being deprived of water pressure because the tower was • • August 12, 1982 Page 4 not in operation. It was his responsibility to do what he thought was the proper action to take in order to meet these demands. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried. * * * * * * Due to special status of the meeting, no further business could be discussed. COUNCIL MEMBER NEAL MOVED TO ADJOURN THE MEETING. Council Member Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Neal, Fitzpatrick, Weist, Bilo, Bradshaw, Otis. None. Council Member Higday. The Mayor declared the motion carried and adjourned the meeting at 8:30 p.m. Deputy City Clerk \.I