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HomeMy WebLinkAbout1972-10-16 (Regular) Meeting MinutesI I I I OOUNCIL CliAMBERS CITY OF ~D. OOLORAOO OCI'OBER 16, 1972 Rm.JI.AR~: The City Q:runcil o f the City of Englewood, Arapahoe County, Colorado met in re~lar sessicn en Oc tober 16, 197 2 , at 8:03 P.M. Mayor Senti, presiding , called the ~ting to order. The invocaticn was given by Rev. George Cushing of Mayfl.c:Mer Congregational iliurch. The Pledge o f Allegiance was led by City Manager Stanley Dial. The Mayor asked f or roll call. lJpal the call of the roll, the fallowing were present: Council Merrbers Set-Mab, Lay, Henning, Ihority, Brown, Blessing, Senti. Absent: Nale . The Mayor declared a quorun present Al.so p r e s ent -were: City Manager Dial City Attorney Berardini Director of Finance Nollenberger * * * * * ~ ~ MlVED AND CXXJNCII.MAN BLESSIR; SECXIIDED A MJl'IOO 'lHAT 'lllE MillTl'ES OF 'lHE SPECIAL ~ OF SEPTEM3ER 25, 1972 BE APPIVVED AS READ. Upm the call of the roll, the vote resulted as f ollows: Ayes: Council Meni>ers Set-Mab, Lay, Henning, Ihority, Brown, Blessing, Senti. Nays : Nale . Absent: Nale . The Mayor declared the DDticn carried. * * * * * ~ BIFSSIR; MJVED AND CXXJNCII.MAN ~ SECXlIDED A MJI'IOO 'lliAT 'IlfE MINl1l'ES OF 'IlfE REQJLAl{ ~ OF OCIDBER 2, 1972 BE APPIVVED AS READ. lJpal the call of the roll, the vote resulted as follows : Ayes: Nays: Absent: Council Merrbers Set-Mab, Lay, Henning, Ihority, Brown, Blessing, Senti . Nale . Nale . The Mayor declared the DDtion carried. * * * * * Mayor Senti recognized the following people from the list of Special Citizen Pr~an Invitees: Mr . and Mrs . Harold Noland, 2001 West Wesley Avenue, Precinct No. 1. Mr. M. R. Shannen, 3 395 South Race Street, Precinct No. 7. Mrs . Donald D. Seyroour , 4750 South Lipan St. Precinct No. 15. * * * * * Mr . Willi.am Malone , Attorney, and Mr. John 1-t:Caff ery, President o f the 90-W-B Corporaticn, dba Leaning Tower of P izza, 90 West Belleview Avenue, were present to appear before Council at Council 's request , to request the renewal of a 3 .2 beer license. Mr. Malone stated that the Leaning Tower o f Pizza was located next to Broadway ai Belleview Avenue. nie business has approximately 1,000 custaners per day and the mrrDer of calls as reported by the Police are very sna.11 percentage o f the clientele. 'lhe management maintains a man at the door to check for under age drinkers and other such individuals such as intoxicated people. 1hey attmpt to dissuade the people, but i f unable to do so, they call the Police as a pre- ventive situaticn which was in line with the Police Department's desires. Mr. Ma.lone stated that in view of the extent o f bus iness and the limited nunber of calls, as well as what the calls are specifically about, it indi cates the good management of the firm. Mr. McCaf f ery is called each time a Po lice call is made and the staff sits down and discusses the incidents f or future preventicn purposes . Officer Jolm Leydon, 3535 South Clarkscn, appeared before Council on behalf of Mr. McCaffery . He stated that he covered a lot of the calls that were made to the Leaning Tower o f Pizza and that Mr. McCaffery had tried to get an off-duty policeman to -work at the establishnent, bu t was unable to do so due to a regulation against policemen -working in liquor establishnents in the City o f Englewood. The Police Department prefers preventive calls rather than waiting until after the trouble starts. Officer Leyden stated that Mr. McCaffery had done everything that he could in order to cooply with the Police Department. Mr. Malone inquired of Officer Leyden whether he felt that Mr . McCaffery was ck>ing a good job. Mr. Leyden replied that Mr . McCaffery was doing everything that he could in the situaticn. 493 • t 494 -2- Councilman Brown inquired whether 16-year olds in the area were presently a problem at the Leaning Tower of Pizza. Mr. r-teaffery replied that Wlder-age individuals were not allowed aani.ttance i f the managsnent could prevent it by ascertaining their age. Councilman Brown inquired as to the present manager of the establishnent. Mr. McCaff ery replied that the Manager is Mr. Ben Coomi.gi. Councilman Brown inquired as to the age of the imnager. Mr. r-teaff ery replied that Mr. Coanigi is 59 years old. Councilman Dhority inquired as to wily there were so may calls to this place in cooparisoo to Shakey' s. Mr. l't!Caf f ery replied that he could not speak for Shak.ey' s policy but that the Leaning Tower's policy was to call the police whenever trouble began. It has been the establisllnent' s findings that people will leave readily if an officer is call~d. Mr. Malone stated that the Leaning Tower of Pizza has bent over backwards and that the Council should look at the nature of the calls rather than at the quantity of police calls. The non-incident type of call is in the vast majority oo the mem:xandun from the Police Chief. U:>uncilman Schwab inquired as to the other locatioos of the Leaning Tower of Pizza besides Boulder. Mr. 1'-tCaff ery replied that there was one located on South Coloracb Boulevard. Councilman Schwab i.rxJui.red whether any problE!ltB existed at that location of this nature. Mr. ~fery replied that the managenent did have problE!ltB of this type, especially in the first and second years, but that currently problE!ltB had subsided and that there were f ar less calls at the Colorado Boulevard location. Councilman Schwab stated that they were interested as a Council in the total picture, not only whether the managsnent calls the police or not oo specific incidents. Mr. l't!Caffery replied that the youths involved didn't cane back twice and that roost kids realize the need of deportment and want the establishnent as a place to go to get 3.2. beverage. Councilman Blessing stated that it was the mst nunber of calls in Englewood that he had ever seen, and that the atroosphere of the business might have sanething to do with i t. He in{uired whether an off-duty policeman could be hired. Mr. r-teaffery replied that the City had denied that right. Councilman Blessing inquired whether the attitude of the waitresses had any bearing on the subject. Mr. l't!Caffery replied that his people had been sent to the Engl~ police class for cootrol procedures in liquor establishnents. Councilman Dhority stated that he had sane coocem over the problem. City Manager Dial stated that it was a sound practice to call the police before problE!ltB occurred and that witho.lt an internal persoo, Mr. McCaffery and hllmelf could get together to ~rk ta.1ards a solutioo and which JNOuld rely oo their staff a little 11Dre regularly. Councilman Dhority stated that he did not want to penalize the business for doing the right thing, but that if it doesn't get better in the future, we can call it in and revoke the license. Councilman Blessing inquired as to when the Council could look at the license issue again. Mayor Senti replied that the Council had that right at any time during the year. CXXH;IIMAN IH>RIT'i M>VED AND COONCIIMAN BIFSSit«; SECXIIDED A MJITOO TO GRANI' 'lllE RENElolAI... OF A 3 .2 BEER Uc.ENSE TO 90-W-B CX>RPORATIOO dba LEANil{; 'lOWER OF PIZZA, 90 WFSI' BEI..li.VIEW AVENUE. lJpal the call of the roll, the vote resulted as follows: Ayes: Council MenDers Blessing, Brown, Dhority, Heming, Lay, Senti, Schwab. Nays: Ncne. Absent : Nooe. The Mayor declared the 11Dtion carried. * * * * * Mr. Jef frey Pend and Mr. Hernandez were present to request a transfer of a beer , wine and spirituous liquor license from Gordo' s Inc., to Builders Finance Corporation o f Colorado, dba Panchos, 4595 So. Santa Fe Drive. Mr. Pood stated that he Wlderstood that the Council's proced.lres oo renewals were very informal and that Mr. Hernandez was here to answer any questions the Council felt necessary. Mr. Hernandez stated that the business will be a food restaurant. Councilman Schwab inquired whether Mr. Hernandez had operated a liquor outlet b efore. He replied in the affirmative, stating that 25 years ago he had nm a liquor outlet. Cll.fiCIIMAN BLE.5Sn«.; MJVED AND ClXJNCilllM\N HENUR; SECXIIDED A MJI'IOO TO GRANI' 'lllE TRANSIBR OF A BEER, WINE, AND SPIRI'IUXJS UQWR U~SE FlU1 OOROO'S, INC., 10 BUIIDERS FINANC1: OORPORATIOO OF CDlDRAOO, dba PANCK>S. Upcn the call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Meni>ers Senti, Blessing, Brown, Illority, Herming, Lay, Schwab. None. None. The Mayor declared the nvtion carried. * * * * * I I I I I I I I -3- CllflCIUD1AN ~ MJVED AND CDJNCD.11AN ~ SECXIIDED A MJITOO 'ID OPEN A PUBLIC HF.ARIR; 'ID cmsIDER A 3.2 BEER LiraNSE FOR SCX1lHLAND OORPORATIOO, dba, 7-11 S'IORES, U77 EASr HAK>DEN AvmuE. Upcn the call of the roll, the vote resulted as follows: Ayes: Council Ment>ers Lay, Hemri.ng, Illority, Brown, Blessing, Senti, Scl!Nab. Nays: Ncne . Absent: Ncne. The Mayor declared the 11Dtion carried. * * * * * Mr. Richard McMartin appeared before Council as Attorney for the 7-11 store in favor of the license issuance. He presented petitions to the City Clerk which contained 1 ,321 nanes. He also stated that all docunents had been filed with the City Clerk which were presented to the Council. Mr. Joseph Leal, 4435 So. Downing Street appeared before Council in favor of the license issuance. He stated that he was a food service CCXlSUltant living in the neigh- borhood and was present oo his own for the applicant. He stated that the 7-11 store is a high-quality food store, of which he like to trade in and ~d like to be able to purchase beer at. Mr. Al Reedy, 3470 So. Marion appeared before Council in favor of the license issuance. He stated that there was a definite need for the liquor outlet for himself and the apartment <Mellers nearby. Mr. Janes Hughes, 11910 East 14th Avenue appeared before Council in favor of the license issuance. He stated that he was the District Manager of the 7-11 Store in the area. He is charged with the overall operation of the district, and the Manager of the 7-11 Store will be responsible to him. He stated that 114 of 177 7-11 Stores in Colorado have beer licenses. The store carries convenience item for consuners and the hours run from 7 A.M. to 11 P.M. It is the policy of the 7-11 store to sell 3.2. beer ooly to 21-year olds or older, rather than the legal 18-year old law. He stated that this factor is controlled very rididly. There have been no previous liquor license infractions under the applicant's managenent in the past. Mr. Lawrence Lewis appeared before Council in favor of the license issuance. He stated that he had been the Manager of the 7-11 Store at 1277 East Hanpden Avenue since Hay of this year. Petitions had been circulated by Mr. Lewis in the store. He stated that it was eight blocks to Bob's Grocery, which was the nearest 3.2. beer outlet. Mr. 1"ane Pettyjohn, 1601 Emerscn Street, appeared before Council in favor of the license issuance. He stated that he was the Director of Marketing at 'lliK Associates, which is a firm which ~rks in marketing and finance. He gave a brief synopsis of the mark.et area of the store and explained that it differed from Bob's Grocery in its approach to mer- chandising. Bob's is a neighborhood grocery with few parking places. 7-11 is a convenience item store for easy access. The needs and desires of the neighborhood are not being met at this time according to a survey made of the area. Councilman Scl-wab inquired as to how the firm controlled that the signatures on the petitions were perscns over 21 years of age. Mr. Pettyjohn replied that, although they did not force signers to give identification, that looking at them was usually a good indica- tion. City Attorney asked whether the finn was using a 6-block radius in the market approach. Mr. Pettyjohn replied in the affirmative. City Attorney Berardini inquired whether saneale ~d drive past a supennarket in order to shop at the 7-11 stores. Mr. Pettyjohn replied in the affirnBtive, stating that the 7-11 store was a one-stop shopping outlet. City Attorney Berardini irxluired as to how far the petitioners' signatures are from the store. Mr. Pettyjohn replied that the ones collected in the store are mxe than the 6-block area, but the ones which were circulated by the petitiooers, stayed in the 6-block area. Councilman Brown stated that the Council had had many applications in the last f ew rocnths and that the people shruld be roore concerned. Mr. M. M. S11uners, 3140 S. Delaware, appeared before the Council in opposition to the license issuance. He stated that the Council was granting too many 3 .2 beer licenses and that they nust consider the needs of the comrunity and the desires of it. He stated that there was beer in every food store in Englewood except three. He felt that if the 7-11 store wanted to becaE a saloon, they should get swinging doors and pit sM\Jst oo the floor. Regular beer is 3.75% alcohol and 3.2. beer is 3.2% alcohol. There is little difference be- ~ the intoxicating power of the ~. A license grant is for the sale of 3. 2 beer, after which time Council cannot legally prevent it if the store ~d sell beer to 18-21 year olds although their current policy stated otherwise. 495 496 -4- Councilman Brown iD:Jui.red whether Mr. SuIIDers felt there -were sufficient 3.2 beer outlets in the area. Mr. Sl..mners stated that there was an outlet at Safeway and at Bob's Grocery, both in the area. Ulalmerse Parker iD:Jui.red whether a 3 .2 beer license pre- vented drinking on the premises. City Attorney Berardini stated that there was no drinking allowed on the premises. Councilman Lay asked for a count of those people in the audience who -were for the license issuance and those who -were against. CllfiCII.MAN ~ M>VED AND CXXJNCII.MAN BI.ESSIK; SECXIIDED A K11'100 'ID CIDSE '!HE PUBLIC HEARIK; 'ID <mSIDER A 3.2 BFER LlraNSE FOR~ CDRPORATIOO, dba 7-11 SIDRE, 1277 F&L HAK>DEN AVENUE. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merd>ers Set.Jab, Lay, Heming, lllority, Brown, Blessing, Senti. Nale. Nale. 'lhe Mayor declared the mtion carried. CllJNCII.MAN ~ MJVED .AND ClXJNCil.MAN SCllWAB SE<DIDED A M7rl00 'ID DENY 'DIE ~ FOR 'DIE Lla:NSE ISSUANffi. Councilman Lay stated that the naterials and petitions should be reviewed by the Council previous to any vote. CXXJNCil.MAN LAY KJVED .AND ClXJNCII.MAN IH>RITY SECXIIDED A Mn'IOO 'ID TABLE 'DIE QUESTIOO OF A LIQNSE ISS~Q: 'ID 7-11 STORE. Upm the call of the roll, the vote resulted as follows: Ayes: Council Menbers Set.Jab, Lay, Ihority. Nays: Absent: Council Merd>ers Henning, Brown, Blessing, Senti. Nale. The Mayor declared the mtion defeated. Councilman Scl'Mab stated that tabling a request after a public hearing has been custamry in the past. City Attorney Berardini stated that it was normally the Council's decisi.cn in the past to table the request to review the facts and draw up a resolution or to deny it. CXXH;II.MAN LAY MJVED AND ClXJNCII.MAN SCliWAB SEClJIDED A M7rl00 'ID TABLE 'DIE QUESTIOO OF A 3 .2 BEER LiraNSE ISStwn: 'ID 7-11 S'IDRE FOR FURIHER DISCU&5IOO. Upm the call of the roll, the vote resulted as follows: Ayes: Council Merd>ers Schwab, Lay, Ibority, Blessing, Senti. Nays: Council Me!rbers Henning, Brown. Absent: Ncne. The Mayor declared the mtion carried. Mr. McMartin asked if the Council scheduled a decision within the 30-day limit at this time. Councilman 8cl'Nlb replied in the negative. * * * * * CXXJNCII.MAN LAY MJVED .AND ClXJNCil.MAN BIBSSIK; SECllIDED A K11'100 'ID OPEN A PUBLIC HF.ARIK; FOR A PAO<AGE LIQOOR LlraNSE FOR MR. l()Y c. \mll1AN, dba \mIMAN om:;, 3395 sourn Bl:()AllJAY. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni>ers Brown, Ibority, Henning, Lay, Schwab, Senti, Blessing. Nale. None. The Mayor declared the mtion carried. Mr. Willi.am Malone appeared before Council as the Attorney for Mr. Wooanan, in favor of the license issuance. He presented the necessary docunents to the City Clerk, which were presented to the Council. He presented petitions to the Council with 121 signa- tures requesting the license issuance, which had been circulated in the store. He also said petitions had been circulated in the area of the store with additional signatures thereby obtained. He felt that there was a demand for liquor by the package in the area. A recess was called at 10: 08 P .M. by Mayor Senti. * * * * * I I I I I I I I -5- The Council reconvened at 10:16 P.M. Mr. Malone stated that there was DX>re business in the downtown area recently and there are many residents who live in the area. Cbly cne other drug store in the City does not have a package liquor license. Mr. Olalmersc Parker, 3996 South Grant Street appeared before Council in favor o f the license issuance. He stated that there were 39 liquor outlets in the City row, and he was not sure that the City actually needed another cne. The drug store, however, is situated in a locaticn "'*ri.ch is accessible to many older people. If Mr. Woodnan needs liquor sales to stay in business as he indicates, then Mr. Parker was in favor of the license issuance. A drugstore is drastically needed in this area. Mrs. Marcella Crocker, 3070 West Colorado Avenue, appeared before Council in favor of the license issuance. She stated that she circulated petitions, but never got out- side a 6-block radius of the establishnent. The people in the area thought there was a defi- nite need, but she did meet a few who declined to sign. Mr. Roy Woodnan, 4875 Bow Mar Drive, appeared before Council in favor of the l iquor license issuance. He stated that he had been licensed since 1930 and had previously owned drug stores in the Denver area. He has had O«> liquor licenses previously, spamri.ng a term of 17 years, with no liquor violations. There are currently no other drug stores in the area, but many people are brought into the area by the good name of Woodnan Drug. He stated that many WOOBl are reluctant to patrcnize a package liquor store even though their needs are medicinal, "'*ri.le they w:>uld purchase liquor over the counter in a drug store. The cost of the operation of a drug store is very prohibitive and all the business that can be obtained is necessary to keep the store in operation. 54 drug stores in the metropolitan area had gone out of blsiness in the last O«> years. He felt that 20% of the sales of the store w:>uld be liquor. The store is open fran 9:00 A.M. to 8:00 P.M. MJnday through Saturday and li.qoor w:>uld be handled during these times en a behind-the-counter basis, not oo open display. Councilman Lay in.{uired whether Mr. Woodnan managed the store hilmelf. Mr. WoodIBn replied in the affi.rmative. Councilman Dhority questiooed whether they needed the liquor in order to stay in business. Mr. \ibOOnan replied that all the business that can be obtained was needed and that liquor had become a necessity in drug stores. The nearest drug store is 5 blocks away and the nearest package liquor store is me-half block away. He stated the drug store had l ost $15 ,000 out of pocket in the last year. Mr. Malone stated that the needs of the coununity were not being met currently. City Attorney Berardini asked whether Mr. Woodnan had had liquor licenses in any previous drug stores. Mr. Woodnan replied in the affi.rmative, stating that the DX>St recent was at 1600 TrE!IDlt. City Attorney Berardini i.rx{uired as to '#hat interest Mr. Woodnan currently had at the 1600 Trem:nt locatioo. Mr. \ibOOnan replied that his interest was ooly as a DDrtgage h older. City Attorney Berardini asked whether that was the $160 ,000 stated in the applicaticn. Mr. Woodnan replied in the aff irmative, stating that the corporaticn had sold the assets for this DX>rtgage. City Attorney Berardini questiooed whether Mr. Woodnan was the sole owner of Roy Woodnan, Inc. Mr. Woodnan replied in the affirmative. City Attorney Berardini inquired what the arrangement with the old store entailed. Mr. Woodnan replied that the DDrtgage in- terest was en OOi.ldings and fixtures. City Attorney Berardini questiooed whether there was any interest in the licenses at that locatioo. Mr. Woodnan replied in the negative. Golda Marshall of the Englewood Liquor Store appeared before the Council in opposition to the liquor license issuance. She stated that the drug store was ooly a half- block away fran her liquor store and that this was DUch too close to issue another license. Mr. M. M. Sumners, 3140 South Delaware, appeared in owositioo to the license i ssuance. He stated that the City does not need any more licenses or want any DX>re. He circulated a petitioo within tw:> or three blocks of the store and received 50 signatures in opposition to the license. He felt that the Council should investigate this man since he has an interest in other liquor outlets. He stated that the City of Aurora has 100 liquor outlets and 100 ,000 people. The City of Englewood currently has 37 ,000 people and 39 outlets. He f elt it was not the Council's b.lsiness to issue liquor licenses in order to save sanebody' s business. There are currently 15 liquor stores en Broa<:May and he felt that liquor had driven legitimate business 3118.Y fran the Broa<:May strip. There are also currently 39 congregations in the City of Englewood, so we shoold not have DDre than 39 liquor outlets. (l)WC~ LAY KJVED AND CXXJNCIUD1AN HERm«; SECXlIDED A MJI'IOO TO CI.D.5E 1HE PUBU C HEARIK; 10 ~IDER 1HE PAU<AGE Ll<µ)R LlraNSE APPLICATI~ FOR MR. IDY C. \.lX)IJ1AN, dba W:X:>ll·W~ DRLJ;, 3395 SCX1lH BRlADilAY. Upoo the call of the roll, the vote resulted as follows: Ayes: Council Meni:>ers Dhority, Henning, Lay, Schwab, Senti, Blessing, Brown. Nays: Nale. Absent: Ncne. The Mayor declared the mtioo carried. 497 498 -6- ~ U\Y MJVED AND CDUNCII.MAN SCllWAB SECllIDED A MJI'IW 'IO TABLE 'lliE QUESITOO OF ISSIWU: OF A PAO<AGE U~R UQNSE FUR MR. ROY C. \.lX)lMAN, dba \.lX)lMAN ORIX;, FOR FUR'.lHER DISUJSSIOO. lJpal the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Dhority, Herming, Lay, Schwab, Senti, Blessing, Brown. Ncne. Ncne. The Mayor declared the 11Dtion carried. * * * * * The minutes of the Board of career Service c.onmissioners meeting of Septerber 21, 1972, were received for the record. * * * * * The minutes of the Plarming and Zoning Comnission meeting of Septerber 19, 1972, were received for the record. * * * * * The minutes of the Library Board meeting of October 10, 1972 were received for the record. * * * * * The financial report for the m:nth of Septerber, 1972 was received for the record. * * * * * A report fran the City Engineer on his trip to M:imleapolis, Mimlesota, to attend the Intematiooal Public Works Congress was received for the record. * * * * * Council received a request for the renewal of a 3. 2 beer license from Miller's Super Market, dba Del Farm, 4160 South Broa<May. ax.Jell.MAN lAY. MJVED AND CXXJNCil.MAN BI FSSU«; SECDIDED A MYI'IOO 'IO GRAN!' RmEWAL FOR A 3.2 BIBR UcmsE 'IO MIU.ER'S SUPER IW«<ET, dba DEL FARM, 4160 SOU'1H BROmY. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Henning, Lay, Schwab, Senti, Blessing, Brown, Ihority. Nooe. Ncne. The Mayor declared the 11Dtion carried. * * * * * Council received a reconmendation that the City enter into a contract with the Arapahoe Regicnal Library. City Manager Dial stated that the contract is similar to the one f or this year and that the district wuld pick up sane stops which we had in the past so that the revenue ~uld go down approximately $6 ,000 to $7 ,000. Councilman Brown suggested that Council accept this contract and talk over the one for the next year. He felt the Library Board should go on a per item circulated basis rather than an estimate. The contract also does not cover reference service provided for County residents. <DJNCil.MAN ~ M1VED AND Cll.JNCil.MAN BI FSS:rt«; ~ A M1I'IOO 'IO APPR>VE A ClNrRACr FUR 'lliE ARAPAIDE REGirnAL UBRARY FUR 1973. lJpal the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni:>ers Schwab, Lay, Henning, Ihority, Brown, Blessing, Senti. Ncne. Nooe. The Mayor declared the 11Dtioo carried. * * * * * I I I I I I I I -7- Council received a neoorancbn from the Fire Olief reccmnending a fire statial in the west Englewood area. City Manager Dial stated that the neoorandun speaks to the uejor points and that we currently have an optioo at the comer of Oxford and Federal which expires oo October 31st. Councilman Lay inquired whether or not the town of Sheridan would be served by the statioo. City Manager Dial stated that it would be no different than we currently have, where we are not en a first respalSe but rather a secoodary respoose. Councilman Illority inquired as to the definitioo of a nutual aid agreement. City Manager Dial stated it means that a fire department will respcnd when called upcn without causing concern to their own city. Councilman Set.Jab stated that he could not agree with the selection of this site, that he felt there were many sites in our city which would not cost us anything out of pocket. He felt that we should not put a statioo inside another city unless they are in the positi.oo of cooperating with us. He felt that the City will receive criticism if they don't answer calls to close-by fires. Councilman Illority stated that he did not umerstand why the City of Sheridan was not interested in a cooperative. Councilman Blessing stated that the staff had looked at different sites and that consensus is that this was the best site. Councilman Lay stated that ooe criteria in the neoorandun was future develo{:IIlEllt in the area and he questicned what we see in the future from businesses in that location. He felt that the lake in Centennial Park could be used quite beneficially for testing facilities and that the fire station should be located at the park. Councilman Schwab stated that the fire statioo can go at any other locatioo and that losing the opticn of this locaticn does not mean we would not build the station. He felt that we shool.d save $35,000 and use our own property. City Manager Dial stated that Centennial Park is a federally subsidized project so we w:>uld have to pay back 50% of the cost of the used park land. He also stated that the locati.oo of nunicipal facilities in other cities is already in effect such as the water plant in Sheridan, the water reservoirs in GreerWX>CI Village and our water and seNer lines in other m.micipalities. The developing areas would include the area around the park which we tried to annex in the past and also the area east of Oxford which would tentatively be our golf course in the future. Councilman Brown inquired as to how nuch value it carried that the Meese In- surance Group had agreed with the selection. Mayor Senti stated that it was just a part of the factors, and not a heavy cne all by itself. Councilman Schwab stated that it meets the requirements of the insurance for hanes in the area. Cll.tiCI~ ~ MJVED AND CXXJNC~ BIFSSrt«; SE:<:mDED A MJI'ICN 'IO INSTRUCT THE CTIY A."WRNEY 'ID EXERCISE 1HE OPITCN 'ID PURCJIASE 1HE PRJPERT'i AT OXFORD AND FEDERAL FOR THE ~STROCTICN OF A FIRE STATICN. Upcn the call of the roll, the vote resulted as follows: Ayes: Council Meni>ers Henning, Ihority, Brown, Blessing, Senti. Nays: Council Meni>ers Schwab, Lay. Absent: Nale. The Mayor declared the IIDticn carried. * * * * * Council received a copy of a letter fran Mayor Senti regarding certain property to be given to the City in the Greenbelt project in the Northwest area of F.nglewood. City Manager Dial stated that the City was acquiring the land for the Greenbelt project instead of a housing project as had been considered last year. Councilwoman Henning stated that she thought it was an outstanding gesture on the part of the Mayor to dooate the proceeds of the property for a housing effort and that he deserved the Council's coomendatioos. Cll.JNCillD-1AN ~ MJVED AND OOUNCID1AN lAY SE~ED A MJI'ICN TO ACCEPT 1HE CllIDITICNS AS OUlLlNED IN 1HE MAYOR Is PRJP<l)AL AND 'ID AIJllDRIZE 1HE :t-14\YOR PK> TEM 'ID EXERCISE SAID ~. Upcn the call of the roll, the vote resulted as follows: Ayes: Council Meni>ers Blessing, Brown, Ihority, Henning, Lay, Schwab. Nays: Nale. Abstain: Mayor Senti. Absent: Nale. The Mayor declared the rootioo carried. * * * * * 499 500 -8- Council received a draft of a policy statement proposing an amencknent to the Englewood Hl.ni.cipal Hare Rule Olarter. Councilwoman Henning stated that a Council subconmittee had drafted this positicn statement and that publications will be available for distribution of the statement. ~ ~ MJVED AND ~ClIMAN LAY SECXlIDED A Mn'ION 'ID APPIDVE nm OFFICIAL POLIC'i STA'.1DtNI' m:>:eoom; AN AMENIHNl' 'ID nm E?G.EWDD M.JNICIPAL CllARl'ER' AND Al1M>RIZUI; DCPmI>lnJRES OF FUNDS 'ID AIMJUISE FUR nm AMENIH.Nl' 00. S. lJpa1 the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni>ers Schwab, Lay, Henning, Illority, Brown, Blessing, Senti. Ncne. None. The Mayor declared the TIDtion carried. * * * * * City Manager Dial stated that the Municipal Enployees Association had passed a resoluticn in favor of the City's Al'ooncknent to the Olarter and voted to advertise to that e ffect. He also gave the Council an editorial which appeared in the Denver Post and stated · that he was meeting with the writer of the editorial in hopes of using . parts of it in Council proposals . * * * * * Council received a neoorandl.m and attaclments from the Colorado Municipal League urging Council to adopt a TIDtion opposing Amerubents 7 and U to the Colorado Constitution. REOOWITON 00. 52, SERIES OF 1972 A RES:>WITON OPPOOn«; a:mTI'IUITCIW.. .AMENIHNI'S 7 AND U. (Copied in full in the official Resolution Book). a:x.fiClIMAN SQlWAB M>VED AND CllJNClIMAN BI .ESSn«; SECXlIDED A Mn'ION 'ID APPIDVE RES>urrION 00. 52, SERIES OF 1972. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni>ers Lay, Henning, Ihority, Brown, Blessing, Senti, Scl"Mab. None. None. The Mayor declared the TIDticn carried. * * * * * City Attorney Berardini began a discussion of a Bill for an Ordinance regarding sick leave conversion upai retirement. He stated that the Career Service Board requested a re-definitim of retirement to include other than age 65 as currently in the Ordinance. This bill 'WOUld broaden the definition of the tenn "retirement". City Manager Dial had a letter fran Cliff Owens, previous Siployee of the City, who stated that he had 85 sick leave days acom11ated when he retired. He stated that if he had known he 'WOUld not get the sick leave caiversicn IIDleY at the time of retirement, he 'WOUld not have retired for another year, until age 65. Council.WJman Henning requested a brief synopsis of the current practices. City Attorney Berardini stated that current retirement is at age 65 with at least 10 years service, at which time the City will pay me-half of the sick leave aCCUllllation for termination pay. nus ordinance w:rul.d make retirement at any age possible under Social Security or Police or Fire pensim. Councilman Lay requested that the Council post:pme actim on this bill until a retroactive date could be determined. * * * * * City Attorney Berardini began a discussicn permitting longevity pay to be grant- ed to retiring Siployees without approval of the Board of Career Service Coumissioners. He stated that l ongevity is given in Decenber depending on the years of service. Pers<XlS who resign previous to Deceni>er had to go to the Career Service Board for a partial payment de- pending upm certain conditions. This anendnent 'WOUld delete approval of the Career Service Board for payment. Introdlced as a bill by Councilman Dhority and read in full, I I I I I I I I -9- A BIU.. FOR AN ORDINAlU: AKNOU«; SECTIOO 11, OIAPTER 6, TI'IU: V OF mE 1969 E.M.C., ENI'ITIED ''I.aO.VI'lY ClH'msATIOO" BY IElEfOC 'lliE ~REHM' OF }2P1CVAL BY 'lHE OOARD OF CAREER SERVI(}; cn+1IS- SICIERS ro SEaJRE LCIU.VI'IY CXM>lliSATIOO BY a-1>1.DYEES UPm TERMINATIOO. cxx.NCII.MAN IH>RI'lY KlVED AND ~CII.MAN LAY SECmDED A KJI'IOO ro APPR:>VE A BIIL FOR AN ORDINANQ: UH;F..VI'IY PAY. Upat the call of the roll, the vote resulted as follows: Ayes: Nays : Absent: Council Merli>ers Henning, Ihority, Brown, Blessing, Senti, Schwab, Lay. Nale. Ncne. The Mayor declared the 11Dtion carried. * * * * * City Attorney Berardini began a discussion m a Bill for an Ordinance in order t o increase the pay for meni>ers of the Planning and Zoning Coomissim and Board of Adjustment and Appeals. He stated that the only place the Planning and Zoning Conmission is mentioned is in the Cllarter and that this bill for an ordinance will authorize the City to pay a rate as authorized fran time to time. Subsequently, the level of pay could be set by resolution. Council decided to defer action at this time. * * * * * City Attorney Berardini presented the Council with a copy of an ordinance passed on f irst reading at the last meeting adopting a revised schedule of IIDVing expenses. BY AIJlll>Rl'lY OlIDINNll 00. 29, SERI.ES OF 1972 AN QRDINNU; MNOU«; SECITOO 2 OF ORDINANCE 00. 24, SERIES OF 1972, BY AOOPITR; A REVISED salEllJlE OF MNIR; ~ FOR PinJECT OSC-00-08-00-()()63 (NlR'.nMSI' aGEWX>D GREF.NBELT/PARK). (Copied in full in the official Ordinance Book). CXlfiCII.MAN IH>Rl'IY MJVED AND CXXJNCIUD1AN HmNIR; SECXIIDED A KJI'IOO ro APPR:>VE ORDINANQ: 00. 29, SERIES OF 1972. Upat the call of the roll, the vote resulted as follows: Ayes: Nays: Absent : Council Meubers Dhority, Brown, Blessing, Senti, Lay, Schwab. Henning. Ncne. Ncne. The Mayor declared the 11Dtion carried. * * * * * City Attorney Berardini told the Couocil that after previously discussing p roblem with them on Ft. wayne tt>rtgage, the firm had contacted him and would produce the docunents so there was no need to get it in other ways. * * * * * City Attorney Berardini requested pennissim from the Council to travel to Southern Methodist University for a legal conference on planning and zoning and eminent domain. He stated that there was m::ney budgeted for this trip. CD.H:II.MAN SCliWAB M.>VED AND Cll.JNCII.MAN BT FSSIRJ SECXIIDED A KJI'IW ro AUilDRIZE 1llE CITY ATIDRNEY ro ATI'ElID 'lliE ~ AT &:lU'lHERN l£lll)DISf Wlvm51'1Y 00 OOVEMBER 1-3. Upon the call of the roll, the vote resulted as follows: Ayes: <.Duncil Ment>ers Set.Jab, Henning, Ihority, Brown, Blessing, Senti. Nays : Council Menber Lay. Absent: Nale. The Mayor declared the 11Dtion carried. * * * * * City Manager Dial began a discussion of the paving district for 1973. He said the current situation imy justify a limited assessment area this year. ~ areas which are not IXJW paved are in the upcoming storm drainage program which would only tear up any pavement which went in next year. Public Works Director Kells Waggmer showed drawings of 501 02 -10- the streets which are in need of paving in the future, but all of which have reasalS for not doing it at the present time. He stated that as a result he was at a loss on 'What to reocmneud as a paving district due to the stonn project and the possibility of urban renewal in the Scenic View area. City Manager Dial stated that he did not want to take any formal action now, but that the staff '#0\ll.d estimate the needs of a right of way acquisition program in lieu of a formal assessment progran. * * * * * Council received a mem>randun fran the Director of Finance to the City Manager recoomending of an agreement with Van Schoooeveld, Shepherd and Conpany for auditing services. ~ IH>RI'IY M:>VED AND CD.JNCII.MAN BIF..SSU«; SECXH>ED AMn'IOO 'ID APPIDVE AN AGRElMNl' wrm VAN SCKXIIDJEID, SHEPHERD AND CIM>AN'l FOR AlJDIT!t{; SERVICES. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merrbers Senti, Blessing, Brown, Ihority, Henning, Lay, Schwab. None. Nale. The Mayor declared the mtion carried. * * * * * Council received a tne!OOI'anchln fran the Director of Public Works to install signs at South Cllerokee and Floyd. He stated that there is m:ney budgeted which is available for this signalization. Councilman Lay inquired that only when they were not listed specifically in the budget as was the case in this instance. Councilman Dhority asked the staff to send a note to the principal at Bishop Elementary School to stop the kids fran pushing the street light button just for fun. ClX.tlCII.MAN SQfWAB M:>VED AND WJNCI1MAN LAY SE<llIDFD A MJITOO 'IO APPIDVE DIE Ilfm\ILATIOO OF SIWS AT DIE CX>RNER OF OOU'IH OIEH)KEE AND WEST FIDYD. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merrbers Scmiab, Lay, Henning, Ihority, Brown, Blessing, Senti. Nale. Nale. The Mayor declared the IIDtion carried. * * * * * Council received a tne!OOI'anchln fran the Director of Finance that the Govetumental Accowtant be permitted to attend a seminar regarding accounting for Federal Revenue Sharing in Housten en October 30th. CXXJNCII.MAN BLESS~ M:>VED AND CXXJNCII.MAN BlUti SECllIDED A MJITOO 'ID GIVE AIJlll)R- IZATIOO FOR A TRIP 'ID KXJSIW 00 OCIOBER 30 BY 'lHE OOVERNMFNrAL ACCllJNIAN1'. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merrbers Scmiab, Lay, Henning, Ihority, Brown, Blessing, Senti. Nale. Nale. The Mayor declared the IIDtion carried. * * * * * City Manager Dial began a discussion of consideration of possible re-assignment o f the City Manager's position fran the enployees retirement plan to a retirement plan develop- ed by the Intemati.ooal City Management Association. He stated that the current city plan was inplemented in April, 1970. It currently provides for 10-year vesting and as an individual be becoo>es sharply penalized. Under the ICM\ plan, fums travel with the individual wherever he is enployed. Mr. Dial stated that he ~d like to be lifted out and put into the new IlCA plan. Councilmm Lay in{uired as to 'What the Council does tCMards this end. Mr. Di.al replied that they would have to anend the ordinance and execute an agreement with the indivi- duals involved. At this time, 00wever, he '#0\ll.d like a delay until further information can be given to Council. * * * * * I I I I I I I I -11- City Manager Dial stated that the Assistant City Manager is leaving and is taking a positial in Toledo, Cllio and that the City regretted his loss. * * * * * City Manager Dial stated that he had received a letter from the Meals-at-Wheels progran and that they are being forced to collect sales tax oo the program due to our ordi- nance. Councilman Illority stated that he felt -we should help the program as tIUch as possible. City Manager Dial stated that he w:>uld TNOrk up a rough idea as to how nuch is in- volved. * * * * * The Mayor recognized any ID'l-scheduled visitors. A late arrival of the list of special citizen invitees was Mr. Don Seymour, 'WOO stated that he felt that the meetings should end at midnight since the Council gets flaky after that time. * * * * * c.ouncilman Ibority stated that he felt the City should get approval to purchase a parking lot in the 3400 block of South Acoma. CXXH;IIMAN IH)RITY M'JVED ClXJNCil.MAN LAY SECXlIDED A MHICfi 'ID APPIVVE AN APPRAI- SAL 'ID BE MADE Cfi 'lliE IDr IN 'lliE 3400 BU:XX OF SOU'IH ND'fA. STREEr. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Council Merrbers Lay, Henning, Ihority, Brown, Blessing, Senti. Council Merrbers Schwab. Absent: Nale. The Mayor declared the 11Dtioo carried. * * * * * Council~ Henning stated that there were 3 ,4, and 5 year old children selling candy in her area, of which she was tIUch concerned. * * * * * CllBCIU1AN BUSSIN:; M'JVED AND Mt\YOR SFNl'I SECllIDED A MHIOO 'ID AilJCXJm 1HE HEE'ITtl;. Upon the call of the roll, the vote resulted as follCMs: Ayes: Nays: Absent: ~il Merrbers Schwab, Lay, Henning, Ihority, Brown, Blessing, Senti. Nale. Nale. The Mayor declared the meeting adj _oumed at 12:45 A.M. /s/ Karl Nollenberger ex officio Clerk of the Council 503