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HomeMy WebLinkAbout1976-06-28 (Special) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO June 28, 1976 SPECIAL MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session on June 28, 1976 at 5:30 p.m. Mayor Taylor, presiding, called the meeting to order. The invocation was given by Mayor Pro Tern Clayton. The Pledge of Allegiance was led by Mayor Taylor. Mayor Taylor asked for roll call. Upon the call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, and Mayor Taylor. Absent: None. Mayor Taylor declared a quorum present. Also present were: City Manager Mccown City Attorney Berardini Chief of Police Holmes Director of Finance/City Clerk James Deputy City Clerk Varner I I I I I I COUNCILMAN MANN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER AN ORDINANCE LICENSING AND REGULATING VEHICLE WRECKER OR TOWING SERVICE; PROVIDING FOR INVESTIGATION AND SUPERVISION BY THE CHIEF OF POLICE; SETTING FORTH DUTIES OF LICENSEES; PROVIDING FOR REVOCATION OF LICENSES; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. Councilman Sovern seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Chief of Police Holmes stated that the types of towing include towing of City vehicles, towing of abandoned vehicles which also involves storage, towing of vehicles for investiga- tion purposes, and towing of vehicles involved in traffic acci- dents. The present contract covers all tows, and Chief Holmes June 28, 1976 Page 2 proposed that there be a separate ordinance provision only for those tows involving a traffic accident where the citizen requests the police officer at the scene to call a wrecker for them. He suggested the use of a rotating list of those wrecker companies who wish to be on such a list to be called for the accident tows, subject to certain fees and regulations. The regulations would include providing twenty-four hour service, a reasonable response time, sufficient equipment available, proper insurance coverage, and setting a maximum amount to be charged. Chief Holmes stated that the maximum charge would be derived from an average of the metropolitan area and would be approved by City Council. City Attorney Berardini stated that the rates and regulations would be presented to City Council within thirty days of the final publication of the ordinance. Sam Clothier of Bob's Auto Service was present and inquired about the rates and regulations. He objected to the $10 application fee and the $50 annual license fee for those wrecker companies on the rotating list. Mr. Clothier stated that those companies towing in the City which are not on the rotating list should also be required to have a license. He suggested that one of the regulations require twenty-four hour operation of the storage lot and the radio. City Attorney Berardini noted that two wrecking contracts will be used --one dealing with the citizen who is involved in a traffic accident and involves certain fees and regulations, and one dealing with service for the City which is awarded on a bid basis. City Manager Mccown explained that the annual fee was based on the cost for the City to administer the rotating list and the regulations. Mel Bush of Harvey Park Chevron was present and stated that he wished to defend his company and the contract which has been in effect since December of 1975 for all the towing for the City. He stated that he has saved the City money under the present contract and that he only charges rates which are posted. He inquired if the low bidder for the one contract is also eligible to be on the rotating list. In response, City Manager Mccown stated that this was possible if they meet the requirements. COUNCILMAN CLAYTON MOVED TO CLOSE THE PUBLIC HEARING. Councilman Smith seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. June 28, 1976 Page 3 Nays: None. The Mayor declared the motion carried. COUNCILMAN MANN MOVED TO TABLE THIS UNTIL THE CITY COUNCIL MEETING ON JULY 6, 1976. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Sam Clothier invited Council to visit his business to get an idea of what is involved in the towing business. Mayor Taylor adjourned the meeting at 6:20 p.m. • • • • • • Council reconvened at 7:00 p.m. The invocation was given by Mayor Pro Tern Clayton and the Pledge of Allegiance was led by Mayor Taylor. Upon a call of the roll, the following members were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Mayor Taylor declared a quorum present. COUNCILMAN MANN MOVED TO OPEN A PUBLIC HEARING TO CONSIDER A CHANGE OF LOCATION APPLICATION FOR PLANTATION, INC. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. City Clerk James reported that an application had been received for a transfer of location for Plantation, Inc. from 5020 South Broadway to 4756 South Broadway and for a transfer of trade name from The Studio to After Glow Club. He stated that Council had established a twelve block boundary area and that there are seven three-way liquor licenses in existance at this time in this area. June 28, 1976 Page 4 Attorney Erick Furedy was present representing Terezia Kesmarki, owner of Plantation, Inc. He presented petitions to City Council containing approximately 800 signatures which were obtained by Ms. Kesmarki. He also presented a drawing of the proposed remodeling of the interior of the new location. Terezia Kesmarki, 1327 East Belleview, Littleton, was present and stated that she is the owner of Plantation, Inc. which was purchased in 1971. She stated that she had to leave the old location because a new lease could not be negoti- ated. She stated that she is going to remodel the new location at an approximate cost of $25,000 to $30,000 and that the lease has a purchase option. Ms. Kesmarki stated that she will be operating and managing the restaurant and bar if the transfer is approved. She stated that she collected the signatures on the petitions by going house-to-house in the twelve block area. Ann South, 221 Jackson, Denver, appeared to speak in favor of the transfer. She stated that Ms. Kesmarki needs this business and that the proposed location is a good one. Discussion ensued regarding the petitions. City Attorney Berardini stated that a person must be twenty-one years of age to sign a petition concerning a liquor license. Councilman Clayton pointed out that there are signatures on the petitions which do not meet this requirement. Councilman Mann noted that the age limit is not stated on the petitions, and the petition title was read by the City Clerk. Councilman Mann also noted that there are signatures of persons living outside the twelve block area on the petitions. Mayor Taylor ruled that the petitions would be studied for their legality. Ms. Ilene Hatton of California was present and stated she is in favor of the transfer because Ms. Kesmarki needs the business as a means of support for her family. M. M. Summers, 3140 South Delaware, was present representing Douglas and Kathlene Clubb, 4746 South Broadway. He presented petitions to Council containing signatures opposing the transfer. Douglas Clubb, 4746 South Broadway, was present and stated he has lived at this address since 1946. He stated that he is against the transfer because it would be on the south side of his house. Martha Irvin, 6346 South Crocker, Littleton, was present and stated she is opposed to the transfer because her elderly mother lives directly across the alley at 4749 South Lincoln and because of the past performance record of The Studio. Kathlene Clubb, 4746 South Broadway, was present and stated she is against the transfer because they wouldn't be able June 28, 1976 Page 5 to live there with a bar right beside their house. She also stated that she feels the petition in favor was a misrepresenta- tion because some of the people she has talked to did not realize it was for a bar as well as a restaurant. Mrs. Clubb stated that she feels the needs of the neighborhood are being met. Yvonne Wockley, 6822 South Greenwood, Littleton, was present representing Englewood Rebecca Lodge #19. She stated that when she circulated petitions against the transfer there were some people who had signed petitions in favor that did not understand it was for a liquor license. James Moore, 4863 South Bannock, was present to speak against the transfer. Mr. Moore owns the Midas Muffler Shop at 4770 South Broadway which is next door to the proposed location. He stated that there is a parking problem with the proposed loca- tion that could affect his business. He questioned the kind of customer because of the previous problems .at The Studio. Mr. Moore also questioned Ms. Kesmarki's ability to manage such a business. Attorney Furedy responded that there are approximately twelve parking spaces on the north side of the building and several spaces to the rear of the building. He also stated that it is impossible to predict the kind of customer, although they would probably be mostly Englewood people. Mr. Summers presented a list of police calls for the Studio for the record. City Clerk James noted that the list contains seventeen calls since December of 1974. Bob Childers, owner of saw sharpening bu~iness at 4767 South Broadway, was present to oppose the transfer. He stated that he feels the needs of the neighborhood are already being supplied. He also stated that it would be a nuisance and a traffic hazard because of the parking problem. Councilman Clayton asked those people in the audience to stand who had signed the petition in favor of the transfer. There was no response. Councilman Clayton then asked Marlin Schroeder to come to the podium. Marlin Schroeder, 3826 South Lincoln, appeared and stated that he had forgotten about signing the petition but that he was aware it was for a liquor license. Sue Snettinger, 4655 South Huron, was present to speak against the transfer. She stated that some people who had signed the petition in favor were not aware that it was for a liquor license. She also stated that another bar is not needed at this location. June 28, 1976 Page 6 COUNCILMAN SMITH MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. COUNCILMAN SMITH MOVED THAT THE APPLICATION FOR THE THREE-WAY LICENSE FOR PLANTATION, INC., OBA AFTER GLOW CLUB, BE DENIED BASED UPON PAGE 3 OF THE MANUAL UNDER THE LIQUOR CODE OF 1935 STATING THAT THE LICENSING AUTHORITY AFTER HEARING CAN DETERMINE THAT THERE ARE THREE RESTAURANT/LIQUOR LICENSES IN THE NEIGHBORHOOD WITHIN SIX BLOCKS (HILDA'S, GROUND ROUND, AND INTERLUDE) AND THAT THE AREA IS MOSTLY RESIDENTIAL (LINCOLN, SHERMAN, BANNOCK, ACOMA ALL ARE) AND TH~T TWO OTHERS ARE AT A CLOSE PROXIMITY THERETO (ARAP'S AND BROADWAY BOWL) WHICH ARE SERVICING THE NEIGHBORHOOD; AND IN THIS CASE THERE WERE MORE PETITIONERS FOR THE LICENSE THAN THERE WERE AGAINST IT, THAT THE COURT HAS RULED THAT THE ISSUANCE OF A FURTHER LICENSE HAS FURTHER FOUND THAT THERE IS NO NEED FOR THE ISSUANCE OF A FURTHER LICENSE, SUCH DETERMINATION WILL BE AFFIRMED BY THE COURT. Councilman Mann seconded the motion. City Attorney Berardini pointed out that this case is different from a case for the issuance of a new license. He stated that this is a situation where a liquor license has been in existance for many years and was renewed in January of this year, and that they are requesting to move approximately two and one half blocks north. COUNCILMAN SOVERN MOVED TO TABLE THIS ITEM UNTIL THE CITY ATTORNEY CAN PREPARE AN OPINION ON THE INFORMATION PRESENTED AT THIS PUBLIC HEARING. Councilman Williams seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Taylor. Nays: Council Members Smith, Brown, Mann, Clayton. The Mayor declared the motion defeated. Discussion followed regarding the proper procedures to be used for this situation. COUNCILMAN SMITH MOVED TO POSTPONE THE MOTION UNTIL THE COUNCIL MEETING ON JULY 19, 1976, WITH THE PROVISION THAT THE MOTION BE PRESENTED AND VOTED ON AT THAT TIME. Councilman Brown seconded the motion. Upon a call of the roll, the vote resulted as follows: June 28, 1976 Page 7 Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. Mayor Taylor declared a recess at 9:25 p.m. • • • • • • Council reconvened at 9:35 p.m. Upon a call of the roll, the following were present: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Absent: None. Mayor Taylor declared a quorum present. COUNCILMAN SMITH MOVED TO OPEN A PUBLIC HEARING ON SIDEWALK IMPROVEMENT DISTRICT NO. 76. Councilman Clayton seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Mann, Brown, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. City Manager Mccown stated that the resolution of intent to create Sidewalk Improvement District #76 was passed at the Council meeting on May 17 and that the bill for an ordinance will be presented at the Council meeting on July 6. The estimated cost of the district is $76,889.15 with the assessments to property owners of $69,466.35 and the City's share of $7,422.80. Director of Public Works Waggoner stated that the improvements involve over 200 properties all over the City. He reviewed the types of improvements to be made and the estimated costs involved. He reported that letters notifying the property I owners were mailed on May 28. The contract will be awarded on August 2 with work to begin on August 16 and to be completed within sixty days. No one appeared to speak in favor of the district. Harry Fleenor, 3383 South Corona, appeared and stated that he should not be required to pay the full amount because whoever put the cement in previously did it improperly. June 28, 1976 Page 8 City Manager Mccown stated that the purpose of this hearing is to hear objections so that they can be checked out by the City staff with a report made back to Council. Joseph Jiven, 3650 South Lincoln, was present and stated that the concrete there is not broke or cracked and he objected to having it replaced. I Virginia Trogstad, 3620 South Pennsylvania, was present and stated that she feels it is not her responsibility to pay for the sidewalk along the state highway. Arthur Rose, 635 South Washington Circle, was present and stated he feels it is not reasonable to use one foot of his property for landscaping. He also stated that the time limit is too short for getting the work done. Director of Public Works Waggoner noted that the estimated costs can be received by calling his office and that they are available at this meeting. Mr. and Mrs. Konrad, 3163 West Union, were present and stated that the damage at their property is due to the equipment used in the storm drainage district backing over the sidewalk. Bob Duffy, 3205 West Union, appeared and stated damage to his sidewalk is also due to the equipment backing over it, although he is not in this district. Maurice Jones, 5020 South Washington, was present and asked questions regarding the district. He requested that the whole City be examined for improvements, especially Clarkson. He also noted that most of the improvements are on north and south streets. Juanita Beeney, 5061 South Washington, was present and suggested that the cracks in the gutter at that location could just be patched. Kevin Bell, 4980 South Washington, was present and stated damage to his sidewalk is largely due to the ground heaving and buses cutting the corner. He stated he is opposed to the district. Marlin Schroeder, 3826 South Lincoln, was present and stated he is in favor of the improvements but that there is a problem with tree removal, grading, etc. Eldon Porter, 3255 South Washington, was present and stated he should not have to pay for this because the City damaged the curb when they put in the street. June 28, 1976 Page 9 Joan McNamara was present representing her mother who lives at 3298 South Lafayette. She stated that the sidewalk was torn up by the equipment when the storm sewer was put in. Mr. Waggoner noted the following protest letters were received: (1) Mr. and Mrs. Rose, 685 South Washington Circle; I (2) Mrs. Trodstad, 3620 South Pennsylvania; as well as telephone calls from: (3) Wilma Smith, 4327 South Acoma, and for her neighbor at 4343 South Acoma; (4) Peter Konrad, 3163 West Union. Mr. Waggoner explained that some of the properties included in the district are as a result of complaints received. He stated that it will take several years for all of the needed improvements to be made. Discussion followed regard- ing the condition and need for repair on Clarkson. COUNCILMAN SOVERN MOVED TO CLOSE THE PUBLIC HEARING. Councilman Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried. • • • • • • COUNCILMAN SOVERN MOVED TO ADJOURN THE MEETING. Council- man Mann seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Williams, Sovern, Smith, Brown, Mann, Clayton, Taylor. Nays: None. The Mayor declared the motion carried, and the meeting was adjourned at 10:50 p.m.