HomeMy WebLinkAbout1971-03-01 (Regular) Meeting Minutes180
REGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
MARCH 1, 1971
The City Council of the City of Englewood, County of Arapahoe, Colorado,
met in regular session on March l, 1971, at 8:00 P.M.
Mayor Schwab, presiding, called the meeting to order.
The invocation was given by Reverend Douglas W. Huigen of the Englewood
United Methodist Church. Pledge of Allegiance was led by Boy Scout Troop No. 58.
The Mayor asked for roll call. Upon the call of the roll, the following
were present:
Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab.
Absent: Councilman Lone
The Mayor declared a quorum present.
Also present were: City Manager Dial
Assistant City Manager McDivitt
City Attorney Berardini
City Clerk Lyon
* * * * *
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COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE MINUTES OF THE II
REGULAR MEETING OF FEBRUARY 16, 1971, BE APPROVED AS READ. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
Mayor Schwab recognized Mr. and Mrs. William H. Ernst, 3109 South Lincoln
Street, Precinct No.3, from the list of Special Citizen Program Invitees.
Mr. Ernst appeared and requested information about the elimination of left
turns on Broadway at various intersections. Mayor Schwab stated that left turn lanes
caused the parking for various businesses to be eliminated. Therefore, the left turn
pockets had been removed.
* * * * *
Mr. Dick McMartin, Attorney, 3333 South Bannock, representing the Southland 'I
Corporation, dba 7-11 Stores, appeared before City Council and requested that a public
hearing date for a 3.2 beer license, by the package, for the 7-11 Store at 2705 South ·
Broadway be established.
Mr. McMartin introduced Mr. Jim Hughes, District Manager, and Mr. Norman
Ihlne, Store Manager.
COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE APPLICATION BE
RECEIVED AND THAT A PUBLIC HEARING BE ESTABLISHED FOR APRIL 19, 1971, CONTINGENT UPON
THE APPLICATION BEING IN PROPER ORDER.
Mr. McMartin presented three letters of reference on each of the applicants
to incorporate in the file.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
Mr. McMartin requested that City Council designate a neighborhood area for
circulation of petitions. Mayor Schwab stated the Council's position was that the
neighborhood was the decision of the applicant.
* * * * *
Mr. Joe Markey, President of the Knights of Colwnbus, 1581 East Costilla
Avenue, appeared before City Council to request that a public hearing date be established
for a club liquor license for the Knights of Colwnbus Club at 3800 South Santa Fe Lane.
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March 1, l!971
COUNCILMAN LAY MOVED, COUNCILMAN SENTI
THE KNIGHTS OF COLUMBUS FOR A CLUB LIQUOR LICENSE
BE ESTABLISHED FOR APRIL 19, 1971. Upon the call
follows:
SECONDED, THAT THE APPLICATION OF
BE ACCEPTED AND THAT A PUBLIC HEARING
of the roll, the vote resulted as
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
Mrs. Peggy Spargur, 2198 East Floyd Place, appeared before City Council and
presented petitions containing 450 signatures (unverified by City Clerk) of property
owners and residents adjacent to the KLZ site. Mrs. Spargur stated it was the intention
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of the signers that a 2 to 5 acre park on the site for tennis, softball, picnic facilities,
and playgrounds be constructed and that the land be obtained by donation from the
developer of KLZ property. Councilman Brown requested that the staff give more information
on the possible park at the KLZ site for the next Council study session.
* * * * *
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING
ON THE APPLICATION FOR THE PACKAGE LIQUOR STORE LICENSE FOR TACKLE LIQUORS, 4811 SOUTH
BROADWAY, BE OPENED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the public hearing opened at 8:35 P.M.
NOTE: A tape recording of the public hearing is on file with the
official records of the City Clerk of the March 1, 1971,
City Council meeting.
Listed below in order of first appearance and presentation are the individuals
who testified at the hearing and the exhibits:
Director of Finance Lyon
Exhibit #1 in City of Englewood file on application containing:
(a) Application
(b) Letters of reference
(c) Copy of lease of property at 4811 South Broadway
(d) Police report on applicant
(e) Certification of publication of notice of public hearing
(f) List of existing liquor and 3.2 beer outlets within the City·
of Englewood
(g) Letter of protest from Mr. and Mrs. Werner Schnackenberg,
4601 South Bannock Street, Englewood, Colorado.
Mr. James E. Turre, Attorney, representing Mr. Milton Poffel, applicant
Exhibit #2 -Map of the City of Englewood showing locations of existing
package liquor outlets.
Exhibit #8 -Petition circulated by applicant containing signatures of
1,020 residents, 198 non-residents, 85 business owners or employees
within the area (count unverified by City Clerk).
Exhibit #7 -Pictures of building and notice of public hearing.
Exhibit #6 -Affidavit of posting of property with notice of public
hearing.
Exhibit #5 -Drawing of building with floor plan. Mr. Poffel, 4185
South Lipan, appeared before City Council.
Exhibit #3 -Map of the area circulated indicating those who signed
in favor of outlet.
Exhibit #4 -January 1971 Englewood Chamber of Conunerce report on
business volume.
Mrs. Virginia Green,4600 South Acoma (in favor)
Mr. Larry Connor, 4489 South Lincoln (in favor)
Mr. William K. Malone, representing businesses and individuals in the neighborhood
in oppoaition to the license
March 1, 1971
Exhibit #9 -Petitions opposed to granting of license containing 881
signatures (count unverified by City Clerk).
Mr. Frank E. Striker, Market Services Associates, 1321 Elati, Denver (Supervisor
of Petition Circulators)
Mr. James R. Rinun, 1199 Worchester, Aurora (Circulator of Petitions)
Mr. Ronald J. McHenry, 996 Kramer Court, Aurora (Circulator of Petitions)
Mr. Harvey Pratt, 4204 South Broadway (in opposition)
Mr. Jack Hannon, 5112 South Broadway (in opposition)
Exhibit #11 -Petition in opposition to granting a license.
Exhibit #12 -Map of area.
Mr. Tony Unrein, 4995 South Grant
Mr. Arthur Rose, 685 South Washington Circle
Mr. Robert L. Rounds, 4684 South Sherman
Reverend Mitchell, 4619 South Fox
(in opposition)
(in opposition)
(in opposition)
(in opposition)
Director of Finance Lyon reading a letter from Mr. and Mrs. Schnackenberg,
4601 South Bannock Street (in opposition)
Mr. Warner Downey, 4484 South Cherokee (in opposition)
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING
REGARDING THE APPLICATION FOR THE PACKAGE LIQUOR STORE LICENSE FOR TACKLE LIQUORS,
4811 SOUTH BROADWAY, BE CLOSED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the public hearing closed at 9:40 P.M.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE APPLICATION OF
TACKLE LIQUORS FOR A RETAIL LIQUOR STORE LICENSE AT 4811 SOUTH BROADWAY BE TABLED
FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Attorney Berardini stated that in regard to the hearing to consider
renewal for a liquor license for Ban Ham Liquors, Inc., 3485 South Bannock Street,
he had received notification that Mr. Bishop, principal in Ban Harn Liquors, Inc.,
had sold his interest to Mr. William Scheinker. Mr. Berardini stated that he had
received indication that the usage of the property would be for a Toy Menagerie
store. Mr. Berardini reconunended that the license not be renewed and that funds and
checks be returned to the applicant. ·
COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE LIQUOR
LICENSE OF BAN HAM LIQUORS, INC., NOT BE RENEWED FOR 1971 AND THAT ALL FUNDS AND
CHECKS BE RETURNED TO THE APPLICANT. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Manager Dial discussed payment procedure for Sidewalk Improvement
District No. 70 assessments.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING
FOR ASSESSMENTS ON SIDEWALK IMPROVEMENT DISTRICT NO. 70 BE OPENED. Upon the call of
the roll, the vote resulted as follows:
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March 1, 1971
Exhibit #9 -Petitions opposed to granting of license containing 881
signatures (count unverified by City Clerk).
Mr. Frank E. Striker, Market Services Associates, 1321 Elati, Denver (Supervisor
of Petition Circulators)
Mr. James R. Rinun, 1199 Worchester, Aurora (Circulator of Petitions)
Mr. Ronald J. McHenry, 996 Kramer Court, Aurora (Circulator of Petitions)
Mr. Harvey Pratt, 4204 South Broadway
Mr. Jack Hannon, 5112 South Broadway
(in opposition)
(in opposition)
Exhibit #11 -Petition in opposition to granting a license.
Exhibit #12 -Map of area.
Mr. Tony Unrein, 4995 South Grant
Mr. Arthur Rose, 685 South Washington Circle
Mr. Robert L. Rounds, 4684 South Sherman
Reverend Mitchell, 4619 South Fox
(in opposition)
(in opposition)
(in opposition)
(in opposition)
Director of Finance Lyon reading a letter from Mr. and Mrs. Schnackenberg,
4601 South Bannock Street (in opposition)
Mr. Warner Downey, 4484 South Cherokee (in opposition)
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING
REGARDING THE APPLICATION FOR THE PACKAGE LIQUOR STORE LICENSE FOR TACKLE LIQUORS,
4811 SOUTH BROADWAY, BE CLOSED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the public hearing closed at 9:40 P.M.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE APPLICATION OF
TACKLE LIQUORS FOR A RETAIL LIQUOR STORE LICENSE AT 4811 SOUTH BROADWAY BE TABLED
FOR FURTHER CONSTDERATION. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Attorney Berardini stated that in regard to the hearing to consider
renewal for a liquor license for Ban Ham Liquors, Inc., 3485 South Bannock Street,
he had received notification that Mr. Bishop, principal in Ban Ham Liquors, Inc.,
had sold his interest to Mr. William Scheinker. Mr. Berardini stated that he had
received indication that the usage of the property would be for a Toy Menagerie
store. Mr. Berardini reconunended that the license not be renewed and that funds and
checks be returned to the applicant. ·
COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE LIQUOR
LICENSE OF BAN HAM LIQUORS, INC., NOT BE RENEWED FOR 1971 AND THAT ALL FUNDS AND
CHECKS BE RETURNED TO THE APPLICANT. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Manager Dial discussed payment procedure for Sidewalk Improvement
District No. 70 assessments.
COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING
FOR ASSESSMENTS ON SIDEWALK IMPROVEMENT DISTRICT NO. 70 BE OPENED. Upon the call of
the roll, the vote resulted as follows:
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March 1, 1971
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the public hearing opened at 9:55 P.M.
No one appeared.
COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING
ON SIDEWALK IMPROVEMENT DISTRICT NO. 70 ASSESSMENTS BE CLOSED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the public hearing closed at 9:56 P.M •.
* * * * *
Director of Finance Lyon appeared before City Council and discussed
training and orientation to be provided Englewood members of Council in two sessions
to be held March 22-24 and March 24-26 at the IBM Training Center, 777 South Grant.
Mr. Art Langland, representative of IBM, 777 South Grant Street, appeared
before City Council and briefly discussed the training to be held.
* * * * *
City Council called a recess at 9:59 P.M. and reconvened at 10:08 P.M.
Upon the call of the roll, the following were present:
Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab
Absent: Councilman Lone
The Mayor declared a quorum present.
* * * * *
Due to a failure in the projector, a film entitled "The Information
Machine" concerning automation was not presented.
* * * * *
The minutes of the ARAPS Board of Directors meeting of February 17, 1971,
were received for the record.
* * * * *
The minutes of the Board of Career Service Conunissioners meeting of
February 18, 1971, were received for the record, along with a memorandum reconunending
that Council examine the two ordinances on military leave and jury duty.
City Attorney Berardini stated that the jury duty ordinance required that an
individual on leave for jury service must turn in his compensation to the City in order
to receive full payment. On the other hand, a person on leave for certain types of
military duty receives pay from both the City of Englewood and the Armed Services ..
* * * * *
A memorandum from the Planning and Zoning Conunission dated February 8, 1971,
with regard to proposed street naming and street renaming (West Hampden Place) was
received for the record. City Manager Dial stated he reconunended the designation of
West Hampden Place for the street between the First National Bank Building and City Hall.
d
* * * * *
The minutes of the Board of Adjustment and Appeals meeting of January 13,
1971, were received for the record.
* * * * *
The minutes of the Water and Sewer Board meeting of February 23, 1971, with
four memoranda attached, were received for the record.
City Council discussed the subject of the first two memoranda, that
Supplements 29 and 30 to the Southgate Sanitation District Connector's Agreement be
approved. Director of Finance Lyon appeared before City Council and pointed out the
areas to be served.
COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE RECOMMENDATION
THAT SUPPLEMENTS 29 AND 30 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT
BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT
DOCUMENTS. Upon the call of the roll, the vote resulted as follows:
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184 March 1, 1971
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
The subject of the third memorandum, that Supplement No. 3 to the
Connector's Agreement with Bow Mar Water and Sanitation District be approved and
that the City approve the companion agreement wherein Valley Sanitation District
agrees to accept the additional taps, was discussed.
COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION
THAT SUPPLEMENT NO. 3 TO THE CONNECTOR'S AGREEMENT WITH BOW MAR WATER AND SANITATION
DISTRICT BE APPROVED AND THAT THE CITY APPROVE THE COMPANION AGREEMENT WHEREIN VALLEY
SANITATION DISTRICT AGREES TO ACCEPT THE ADDITIONAL TAPS AND THAT THE MAYOR AND CITY
CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
A memorandum reconunending that Supplement No. 17 to the Valley Sanitation
District Connector's Agreement be approved was discussed by City Council.
COUNCILMAN SENTI MOVED, COUNCILMAN DHORITY SECONDED, THAT SUPPLEMENT NO. 17
TO THE VALLEY SANITATION DISTRICT CONNECTOR'S AGREEMENT BE APPROVED AND THAT THE
MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Attorney Berardini stated that the City had received a ruling from
District Court requiring it to abide by the 90-day trial limitation rule of the
Colorado Supreme Court in its Municipal Court.
* * * * *
Mr. Berardini stated that the Santa Fe-Union annexation case should go to
trial in the month of April 1971.
* * * * *
Mr. Berardini stated that the KLZ site rezoning case before the Colorado
Supreme Court had not yet been set down for oral arguments.
* * * * *
City Manager Dial discussed the zoning limitations, particularly for
screening of the police-fire complex at West Jefferson and South Elati Street.
Jlr. Berardini stated that as long as the City Council concurred with the development,
it would not be necessary in his opinion to present the variance from the zoning
requirements to the Board of Adjustment and Appeals. City Manager Dial stated that
the City would proceed on its present plans for the police-fire complex unless directed
otherwise by City Council.
* * * * *
A memorandum from Mr. Charles Carroll, Utilities Director, dated February 19,
1971, concerning the Moody's and Standard and Poor ratings for the water bonds, was
received for the record. City Manager Dial stated that the City had received an A-1
rating from Moody's and an AA rating from Standard and Poor. Previous to this bond
issue, the City had possessed an A rating with both services.
Mr. Dial stated that the bond bids would be received March 9, 1971, and an
administrative award would be made on that date subject to final ratification on
March 15, 1971.
* * * * *
RESOLUTION NO. 14, SERIES OF 1971
A RESOLUTION MEMORIALIZING J. GALEN SPENCER, RECOGNIZING THE OUTSTANDING
CONTRIBUTIONS WHICH HE HAS MADE TO THE CITY OF ENGLEWOOD, AND DEDICATING THE SOFTBALL
FIELD, LOCATED IN CENTENNIAL PARK, "SPENCER FIELD," IN HIS HONOR.
(Copied in full in the official Resolution Book.)
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March l, 1971
COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 14,
SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Manager Dial requested authorization for the Fire Chief and two
Captains to attend the 43rd Annual Fire Department Instructors' Conference in Kansas
City, Missouri, March 30 to April 2, 1971.
COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE OUT-OF-STATE
TRIP TO THE FIRE INSTRUCTORS' CONFERENCE IN KANSAS CITY, MISSOURI, BE APPROVED. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dhority, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried.
* * * * *
City Manager Dial stated that the Traffic Engineering Division had developed
some training films for school children on safety at pedestrian crossings. Mr. Dial
stated that the films were being received rather well by the Englewood school children
and would be shown at several other schools serving Englewood.
* * * * *
Mr. Dial presented a list of workable program citizen committee nominees.
It was the consensus of the Council that the nominees be considered at a later study
session. City Manager Dial stated that a study session of Englewood City Council would
be held ~n March 8, 1971.
* * * * *
Councilman Lay stated that on March 1, 1971, he and City Manager Dial had
spoken before the Local Government Affairs Subcommittee of the State Legislature
concerning House Bill 1071 which would prohibit any form of police and fire
consolidation. Mr. Lay stated that due to the efforts of himself, Mr. Dial and many
other people before the committee, the bill had been killed in committee.
* * * * *
Councilman Brown requested that the administration look into safety problems
at the intersection of Floyd and Clarkson due to a pickup truck with a camper which
was blocking view of the cross street.
* * * * *
Mayor Schwab stated that Arapahoe Mayors would be held at Guespatos on
March 4, 1971, and that Englewood would serve as host.
* * * * *
COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE
ADJOURNED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Senti, Lay, Kreiling, Dho.ri ty, Brown, Schwab.
Nays: None
Absent: Councilman Lone
The Mayor declared the motion carried, and the meeting adjourned a
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