HomeMy WebLinkAbout1971-01-18 (Regular) Meeting MinutesI
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January 18, 1971
REGUIAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGIEWOOD, COLORADO
JANUARY 18, 1971
The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session
on January 18, 1971, at 8:20 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Reverend Frederick Hahn, of the Inunanuel Lutheran Church.
Pledge of Allegiance was led by Boy Scout Troop No. 154.
The Mayor asked for roll call. Upon the call of the roll, the following were present:
Councilmen Brown, Dhority, Lay, Lone, Schwab.
Absent: Councilmen Senti and Kreiling.
The Mayor declared a quorum present.
Also present were: City Manager Dial
Assistant City Manager McDivitt
City Attorney Berardini
City Clerk Lyon.
* * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MIN11rES OF THE REGULAR MEETING
OF DECEMBER 21, 1970, AND THE MINUTES OF THE REGUIAR MEETING OF JANUARY 4, 1971, BE APPROVED AS READ.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Lay, Lone, Schwab.
Nays: None
Absent: Councilmen Kreiling and Senti.
The Mayor declared the motion carried.
* * * * *
Mayor Schwab recognized Mr. Douglas Harder, 2790 South Ogden, Precinct #5, from the list
of special citizen program invitees.
* * * * *
Mr. Paul Ambrose of Ambrose-Williams appeared before City Council representing Shopping
Centers, Inc. to discuss the Park 'N Shop Lease Agreement.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT CONSIDERATION OF THE PROPOSED AMENDMENI'
TO THE PARK 'N SHOP LEASE AGREEMENI' BE REMOVED FROM THE TABLE.
Mr . Berardini ·discussed changes made in the Park 'N Shop Lease Agreement with members of
City Council.
Councilman Kreiling entered and took his seat with City Council at 8:30 P.M.
Mr . Berardini stated that the amended lease recognized the fact that the City of Englewood
could not enforce parking regulations on the lot except in case of a complaint signed by the Lessee.
RESOLlJI.'ION NO. 3, SERIES OF 1971
A RESOr.trrION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUfE, ON BEHALF OF
THE CITY OF ENGLEWOOD, AN AMENDMENT TO A LEASE WITH SHOPPING CENl'ERS COMPANY, WHICH AMENDMENT PROVIDES
FOR THE ESTABLISHMENT OF ALL DAY PARKING IN A CERl'AIN PORl'ION OF THE PARKING LOT COVERED BY SAID LEASE.
(Copied in full in the official Resolution Book.)
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY COUNCIL APPROVE RESOLUTION
NO. 3, SERIES OF 1971.
At the conclusion of the City Council discussion, Councilman Kreiling withdrew his motion.
COUNCILMAN LAY MOVED, COUNCILMAN BRCMN SECONDED, THAT RESOLUTION NO. 3, SERIES OF 1971,
BE ADOPTED AND APPROVED.
Discussion ensued.
COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE TITLE OF RESOL11rION NO. 3,
SERIES OF 1971, BE AMENDED BY DELETING THE PHRASE BEGINNING IN THE FOURI'H LINE "PR:>VIDES FOR THE
ESTABLISHMENT OF ALL DAY PARKING IN A CERl'AIN PORl'ION OF" AND INSERl'ING THE PHRASE "PROVIDES FOR THE
ELIMINATION OF THE TIME LIMITS IMPOSED BY THE CITY ON"; AND FURl'HER, THAT THE LEASE BE AMENDED IN
PARAGRAPH fl BY DELETIN'.i THE PHRASE "THERE SHALL BE NO PARKING TIME LIMIT IN THE PORl'ION OF THE PARKING
LC1l' DESIGNATED AS SECTION B ON THE PLAT ATTACHED HERETO AND BY REFERENCE INCORPORATED HEREIN AND SO AS"
AND INSERl'IN:i THE PHRASE "THERE SHALL BE NO CITY IMPOSED PARKING TIME LIMIT IN ANY PORl'ION OF THE PARKING
LOI' AND." Upon the call of the roll, the vote resulted as follows:
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154 January 18, 1971
Ayes: Councilmen Brown, Dhority, Lay, Lone, Schwab.
Nays: Councilman Kreiling
Absent: Councilman Senti
The Mayor declared the motion carried.
Upon the call of the roll, the vote on the original motion resulted as follows:
Ayes: Councilmen Brown, Dhority, Lay, Lone, Schwab.
Nays: Councilman Kreiling.
Absent: Councilman Senti.
The Mayor declared the original motion carried.
* * * * *
Mr. Joe Berry, 3392 Wagontrail Drive, Denver, Colorado, appeared before City Council
regarding renewal of King Soopers' 3.2 beer license on January 25, 1971.
COUNCILMAN IAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE 3.2 BEER LICENSE OF KING
SOOPERS, 5050 SOUTH FEDERAL BOUIEVARD, BE RENEWED FOR ONE YEAR BEGINNING ON JANUARY 25, 1971. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti
The Mayor declared the motion carried.
* * * * *
Mr. James E. Turre, Attorney, 300 East Hampden Avenue, representing Mr. Milton F. Poffel,
appeared before City Council requesting that a public hearing be held on March 1, 1971, to consider
the application of Mr. Poffel for a retail liquor licensed store at Mr. Poffel's business, 4811 South
Broadway.
COUNCILMAN K.REILING MOVED, COUNCILMAN IAY SECONDED, THAT A PUBLIC HEARING BE ESTABLISHED
ON THE RETAIL LIQUOR LICENSE STORE APPLICATION OF MR. MILTON F. POFFEL FOR TACKLE LIQUORr 4811 SOUTH
BROADWAY, FOR THE CITY COUNCIL MEETING OF MARCH 1, 1971. Upon the call of the roll, the vote resulted
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
Mr. James Supinger, Planning Director, appeared before City Council and introduced Mr.
Joe Brown of the Department of Housing and Urban Development, Denver office.
Mr. Brown d i scussed the following elements of a Workable Program:
A. Codes and code info rmation
B. Planning and programming
C. Housing and relocation
D. Citizen involvement.
Mr. Brown stated that certification of a Workable Program by the Housing and Urban Develop-
ment was a necessary step to obtain Federal assistance by cities. Mr. Brown discussed the citizen
involvement portion of the Workable Program with Council. Mr. Brown stated that the citizen involvement
was designed to assure that conunun ications and input from the citizens within the project area of the
city was being received.
Mr. Brown closed his statements by pointing out that the Workable Program is a tool to
assure that the coamunities have identif ied their problems, resources to bring to bear on those
problems, and a method of solution.
* * * * *
Mayor Schwab re c OCJil ized Mr. and Mrs. Paul Turner, 4200 South Bannock, Precinct #10, from
the list of special citizen program invitees .
* * * * *
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January 18, 1971
The tabulation of bids on a 1,250 gallon per minute fire pumper was received
for the record.
Mr. William Hamilton, Fire Chief, appeared before City Council and stated that
his office had reviewed the plans and specifications submitted on the 1,250 gallon per
minute fire engine and recommended that the low bid of $44,950 of Pierce Manufacturing
Company, Appleton, Wisconsin, be accepted.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BID FOR A FIRE
ENGINE FROM PIERCE MANUFACTURING BE ACCEPTED AS LOWEST AND BEST. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
Mayor Schwab reported that Councilman Senti was recovering from surgery in
Porter's Hospital and would probably be released on Tuesday, January 19.
* * * * *
A letter from Mr. Martin D. Baum, D.V.M., Chief, Public Health Veterinary
Section, Colorado Department of Health, reconunending that the City eliminate the dog
licensing program was received for the record.
Introduced as a Bill by Councilman Brown and read in full.
A BILL FOR
AN ORDINANCE REPEALING SECTIONS 11-11-2 AND 11-11-3 TITLE XI, CHAPTER II,
ARTICLE 1, ENTITLED, "ANIMALS AND FOWL", WHICH REQUIRES THE LICENSING AND REGISTRATION
OF DOGS; AND AMENDING 11-11-4 TO CONFORM THERETO.
COUNCILMAN BROWN MOVED, COUNCILMAN KREILING SECONDED, THAT THE PROPOSED BILL
FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE.
City Council discussed whether or not dogs should be licensed by the City of
Englewood.
Mayor Schwab suggested that the Bill for an Ordinance be tabled until
Councilman Senti could be present.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE BILL FOR AN
ORDINANCE REPEALING THE CITY OF ENGLEWOOD'S DOG LICENSE BE TABLED. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Schwab.
Nays: Councilman Brown.
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
The minutes of the Planning and Zoning Conunission meeting of December 8,
1970 were received for the record with a memorandum reconunending the rezoning of
Lots 17-32 inclusive, Block 18, Englewood, all of Block 19, Englewood, and Lots 1-16,
inclusive, Block 20, Englewood, from R-1-C to R-3-B.
Introduced as a Bill by Councilman Dhority and read in full.
A BILL FOR
AN ORDINANCE REZONING LOTS 17 THROUGH 32, INCLUSIVE, BLOCK 18: ALL OF BLOCK
19; AND LOTS 1 THROUGH 16, INCLUSIVE, BLOCK 20; CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE,
STATE OF COLORADO FROM R-1-C (SINGLE-FAMILY RESIDENTIAL) DISTRICT TO R-3-B (MULTI-FAMILY
RESIDENTIAL) DISTRICT.
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL
FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE, AND THAT THE PUBLIC HEARING BE ESTABLISHED FOR
FEBRUARY 16, 1971 AT 8:00 P.M. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
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156 January 18, 1971
A memorandum from the Planning and Zoning Commission regarding the approval of
the vacation of the Broadway-Acoma alley between West Hampden Avenue and Little Dry Creek
was received for the record.
City Manager Dial discussed the placement of a walkway
Key Savings at or near the location of the alley to be vacated.
the walkway was desirable in order that the interchange areas of
Interchange might be accessible to the City.
on the property of
Mr. Dial stated that
the Broadway-U.S.285
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY COUNCIL
ACCEPT THE RECOMMENDATIONS OF THE PLANNING AND ZONING COMMISSION FOR THE VACATION OF
THE BROADWAY-ACOMA ALLEY BETWEEN WEST HAMPDEN AVENUE AND LITTLE DRY CREEK, AND THAT THE
CITY ATTORNEY BE AUTHORIZED TO PREPARE A BILL FOR AN ORDINANCE VACATING THE ALLEY WITH
THE RETENTION OF UTILITY EASEMENTS AND PEDESTRIAN ACCESS AS APPROVED BY THE PARKS AND
RECREATION COMMISSION: AND FURTHER, THAT THE WIDENING OF WEST HAMPDEN AVENUE ALONG THE
KEY SAVINGS PROPERTY BE WORKED OUT WITH KEY SAVINGS. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
The minutes of the Library Board meeting of January 12, 1971 were received
for the record.
* * * * *
The minutes of the Parks and Recreation Commission meeting of January 13,
1971 were received for the record.
* * * * *
City Council discussed a proposed Bill for an Ordinance, establishing the
City Forester position and made certain changes to the proposed Bill relating to appeal,
compliance, and mutilation of trees.
Introduced as a Bill by Councilman Dhority and read in full.
A BILL FOR
AN ORDINANCE AMENDING TITLE 10 OF THE '69 E.M.C. ENTITLED "PARKS AND
RECREATION" BY ADDING A NEW CHAPTER THERETO, BEING CHAPTER 3, TITLE 10, '69 E.M.C.
"TREE AND SHRUB ORDINANCE" REGULATING THE PLANTING AND MAINTENANCE OF TREES AND PLANTS:
ESTABLISHING THE OFFICE OF THE CITY FORESTER IN THE ADMINISTRATIVE SERVICE OF THE CITY
EITHER AS A FULL-TIME APPOINTED EMPLOYEE OR BY CONTRACT WITH OTHER LOCAL GOVERNMENTS
AND PRESCRIBING HIS AUTHORITY: REQUIRING PERMITS FOR PLANTING, PRESERVATION AND
REMOVAL IN PUBLIC PLACES: PLACING RESPONSIBILITY ON THE OWNERS OF PRIVATE PROPERTY IN
ORDER TO PROTECT GROWTH IN PUBLIC PLACES: PROVIDING FOR ABATEMENT OF HAZARDOUS
CONDITIONS BY THE CITY: ISSUANCE OF LICENSES FOR BUSINESS ESTABLISHMENTS: AND
PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS.
COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL
FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE
ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
Mr. Ed Eppich, attorney, representing Ban Ham Liquor, Inc., appeared before
City Council and presented a letter of December 30, 1970 requesting that the New Frontier
Liquor License be renewed for 1971, and should the licensee not be in operation by
July 1, 1971, the license would be voluntarily surrendered by Ban Ham Liquors, Inc.
Discussion ensued.
COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE LIQUOR LICENSE
OF BAN HAM LIQUORS, INC. BE GRANTED FOR 1971 WITH THE STIPULATION THAT THE BUSINESS
OPEN NO LATER THAN JULY 1, 1971 OR AT THAT IME THE LICENSE WOULD BE VOLUNTARILY
SURRENDERED BY BAN HAM, INC. PURSUANT TO THEIR LETTER OF DECEMBER 30, 1970. Upon the
call of the roll, the vote resulted as follows: .
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January 18, 1971
Ayes: Councilmen Dhority, Lay, Lone.
Nays: Councilmen Brown, Kreiling, Schwab.
Absent: Councilman Senti.
The Mayor declared the motion failed.
It was the consensus of City Council that a public hearing on the revocation
of the Ban Ham Liquor license be established as March 1, 1971 at 8:00 P.M.
* * * * *
Mayor Schwab called recess at 11:35 P.M. City Council reconvened at 11:48 P.Ml.1
Upon the call of the roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Absent: Councilman Senti.
* * * * *
Introduced as a Bill by Councilman Brown and read in full.
A BILL FOR
AN ORDINANCE AMENDING THE FEES ESTABLISHED FOR MISCELLANEOUS AMUSEMENT DEVICES
AND PREMISES AS CONTAINED IN TITLE IX, CHAPTER 2, SECTION 41.
COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL
FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD
HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
City Attorney Berardinipresented a memorandum discussing the active litigation
in which the City of Englewood is currently involved. Mr.Bera~dini discussed the
litigation with City Council.
Mr.Berardini stated that the City had received an offer of $4,400 per acre for
the mineral rights on its present holdings of forty (more or less) acres at the Atchison
Rahch. This offer amounted to a total price of $77,500, of which 50% would go to the
Atchisons. Mr. Berardini reconunended that the offer be accepted.
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL ACCEPT
THE OFFER OF THE FEDERAL GOVERNMENT AT A PRICE OF $38,250 FOR THE REMAINDER OF THE CITY'S
HOLDINGS AT THE ATCHISON RANCH SITE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
City Manager Dial discussed with City Council the Proposal of the Arapahoe
Regional Automated Property Subsystem.
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY COUNCIL ADOPT
THE CONCEPT OF THE ARAPAHOE REGIONAL AUTOMATED PROPERTY SUBSYSTEM AND THE RECOMMENDATIONS
AS OUTLINED ON PAGE VI OF THE PROPOSAL. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: councilman Senti.
The Mayor declared the motion carried.
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT MAYOR SCHWAB AND
DIRECTOR OF FINANCE LYON BE APPOINTED AS THE CITY OF ENGLEWOOD'S REPRESENTATIVES TO THE
ARAPAHOE REGIONAL AUTOMATED PROPERTY SUBSYSTEM BOARD OF DIRECTORS AND THAT THE PROJECT
BE COMMENCED ON FEBRUARY 1, 1971. Upon the call of the roll, the vote resulted as follows:
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158 January 18, 1971
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone.
Nays: None
Abstaining: Councilman Schwab.
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
City Manager Dial reported that the Public Service Company had offered
$9,265 for certain electrical components owned by the Englewood Utilities Department
located at its various facilities. Mr. Dial indicated that he believed this was a fair
price for the components.
COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PRICE OF $9,265
FOR ELECTRICAL COMPONENTS SERVING THE ENGLEWOOD UTILITIES DEPARTMENT BE ACCEPTED FROM
THE PUBLIC SERVICE COMPANY. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor qeclared the motion carried.
* * * * *
City Manager Dial requested approval of the transfer of stock of the McBroom
Ditch Company, Inc. from Mr. John Curtis, previous Office Manager, to Mr. Dallas
Stephens, current Office Manager.
COUlfCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY COUNCIL APPROVE
THE TRANSFER OF STOCK IN THE MCBROOM DITCH COMPANY, INC. FROM MR. JOHN CURTIS TO MR •.
DALLAS STEPHENS, UTILITIES DEPARTMENT OFFICE MANAGER, AND MR. STEPHENS' SUCCESSORS.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
Absent: Councilman Senti.
The Mayor declared the motion carried.
* * * * *
The City Council discussed the appointment of a committee to review and upgrade
the present sewer ordinance. It was the consensus of City Council that appointment of
committee members be deferred until February 1, 1971.
* * * * *
City Council discussed the appointment of an advisory committee to assist with
the development of the Master Traffic Plan. It was the consensus of City Council that
the appointment of committee members be deferred until February 1, 1971.
* * * * *
City Manager Dial stated that Arapahoe County had expressed an interest in
participating in the Master Traffic Plan which Englewood and Littleton had contracted
with Alan Voorhees and Associates, Inc.
* * * * *
Mr. Dial reported on the proposed bond sale of $2,200,000 for the Ranch Creek
Diversion Project on the Western Slope. Mr. Dial stated that the bonds would mature
over a period of 15 years from their issuance on April 1, 1971. Mr. Dial indicated that
this would be contained in a resolution authorizing the bonds which would be considered
at the City Council's February 1, 1971 meeting.
* * * * *
Mr. Dial indicated that Sertoma had requested that a member of City Council
attend the Sertoma Meeting on Wednesday, January 20, 1971, at which meeting Mayta Davis
of the Interfaith Task Force would be honored. ,l\u.,bc.. ~rcv • ..,
Mayor Schwab indicated that he would represent the City.
* * * * *
councilman Lay indicated that he had received a number of complaints from
businesses in the 3900 Block of South Broadway concerning the parking of unlicensed
vehicles on City streets from a used car lot during the clearing of snow from said lot.
* * * * *
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January 18, 1971 159
COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MEETING BE ADJOURNED •.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab.
Nays: None
I Absent: Councilman Senti.
The Mayor declared the motion carried, and the meeting adjourned at