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HomeMy WebLinkAbout1971-03-15 (Regular) Meeting Minutes186 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MARCH 15, 1971 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 15, 1971, at 8:00 P.M. Mayor Pro Tern Lay, presiding, called the meeting to order. The invocation was given by the Reverend Douglas W. Huigen of the Englewood United Methodist Church. Pledge of Allegiance was led by Boy Scout Troop No. 58. The Mayor Pro Tern asked for roll call. Upon the call of the roll, the following were present: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Absent: Schwab The Mayor Pro Tern declared a quorum present. Also present were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini City Clerk Lyon * * * * * I COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MINUTES OF I THE REGULAR MEETING OF MARCH l, 1971, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * Mrs. J. Galen Spencer and son, Phil, appeared before the City Council and were presented a copy of a resolution naming the Centennial Park Ball Field "Galen Spencer Field." The City Council expressed its appreciation to the Spencers for the assistance their family had given over the years to the Englewood Parks and Recreation Program. Mrs. Spencer presented a letter of appreciation to Council and a donation of $1,865.40 for an electric scoreboard for Galen Spencer Field. * * * * * Mrs. Elsie Barrent, 3545 West Harvard, appeared before City Council and presented a request to modify the premises of E-Z Liquors, 3353 South Santa Fe Drive, by renting a building south of the present liquor outlet for storage only. Mrs. Barrent stated that the building to be rented had to be 1,200 square feet and would double the area presently under the license. COUNCILMAN KREILING MOVED, COUNCILMAN SENTI SECONDED, THAT THE EXPANSION OF E-Z LIQUORS, 3353 SOUTH SANTA FE DRIVE, TO ALLOW FOR A STORAGE AREA OF 1,200 SQUARE FEET IN A BUILDING IMMEDIATELY SOUTH OF THE PRESENT LIQUOR OUTLET BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * Mr. Bill Malone, representing Shetland Hills, Inc., appeared before City I Council and requested the reissuance of the Zuider Zee liquor license, 1001 West I Hampden Avenue, to Shetland Hills, Inc. Mr. Malone presented a lease of the premises and introduced Mr. George Beis, Manager, 3504 West Alamo Drive, Littleton, Colorado: Mr. William Lally, Vice President of Shetland Hills, Inc., 4410 Hillsdale, Garland, Texas: and Mr. Holt Erby, 1421 Carol Drive, Garland, Texas, General Counsel to Shetland Hills, Inc. I I I I March 15, 1971 Mr. Malone questioned Mr. Beis on his familiarity with operating liquor by the drink outlets and the State laws pertaining thereto. City Council discussed a charge against Mr. Beis in Chicago which had not been prosecuted. Mr. Malone stated that the Chicago authorities were providing a letter to the effect that the charge would be completely dropped. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE REISSUANCE OF THE ZUIDER ZEE LIQUOR LICENSE TO SHETLAND HILLS, INC., BE GRANTED, SUBJECT TO RECEIPT OF A CLEARANCE LETTER ON MR. BEIS FROM A MR. GETTY OF THE ILLINOIS STATE ATTORNEY'S OFFICE IN CHICAGO, ILLINOIS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Lay. Nays: Councilman Brown Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * Mr. Leo Lentsch, 1550 East Dartmouth, appeared on behalf of the Fraternal Order of Eagles, 73 West Floyd Avenue, to request modification of the premises upon which liquor is served for the Eagles Club liquor license. Mr. Lentsch presented an application for modification and stated that, if approved, the kitchen and storeroom would be deleted from the premises upon which liquor could be served. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE MODIFICATION OF THE EAGLES CLUB LIQUOR LICENSE AS PROPOSED BY MR. LENTSCH BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * Councilman Lay stated that a letter from Mr. John Criswell, Attorney, had been received requesting that a hearing on the suspension of the Eagles liquor license be rescheduled from April 5, 1971, to April 19, 1971, due to the fact that Mr. Criswell would be out of town on April 5. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE SUSPENSION HEARING ON THE EAGLES CLUB LIQUOR LICENSE BE RESCHEDULED FOR APRIL 19, 1971, AT 8:00 P.M. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * The Minutes of the Board of Adjustment and Appeals meeting of February 10, 1971, were received for the record. * * * * * The Minutes of the Library Board meeting of March 9, 1971, were received for the record. * * * * * The financial report for the month of February was received for the record. * * * * * The Minutes of the ARAPS Board of Directors meeting of February 24, 1971, were received for the record. * * * * * The Minutes of the ARAPS Board of Directors meeting of March 3, 1971, were received for the record. * * * * * The Minutes of the ARAPS Board of Directors meeting of March 11, 1971, were received for the record. 187 188 March 15, 1971 Director of Finance Lyon stated that the ARAPS Board had employed Mr. Joe Kirschner, Gaithersburg, Maryland, as Project Coordinator. Mr. Lyon stated that Mr. Kirschner bro~ght to the project many years data processing experience and should be an asset to the three participants. City Manager Dial suggested that Mr. Kirschner appear before City Council at a future meeting. * * * * * The Minutes of the Retirement Board meeting of February 22, 1971, were received for the record. * * * * * A letter to Mr. Larry Borger, City Manager, Littleton, regarding the bus operation was received for the record. Mr. William McDivitt, Assistant City Manager, reported that he had had a discussion with a Mr. Jerry Fisher with the Department of Transportation, Washington, D.C. offices. Mr. Fisher had indicated that the request for participation in the purchase of new buses for the Englewood-Littleton-Fort Logan bus line had been approved at a 50 per cent participation level with the total request increased by 5 per cent for contingencies. Mr. Fisher stated that a letter stating approval would be forthcoming. * * * * * A memorandum from Mr. Stanley H. Dial, City Manager, to Council reconunending the repeal of the Municipal Code provisions requiring the licensing of pinball and other amusement machines, was received for the record. I City Manager Dial stated that in his opinion licensing of pinball and other amusement machines, as well as extending licenses to vending machines, would yield an I amount of money which would be insufficient to cover the cost of administration. It was the consensus of City Council that a bill for an ordinance be prepared repealing that portion of the City Code which calls for licenses on pinball and other mechanical amusement devices. * * * * * The semi-annual financial report on the Police Pension Fund was received for the record. * * * * * The semi-annual financial report on the Fire Pension Fund was received for the record. * * * * * A memorandum from the Director of Finance concerning summons service was received for the record. Director of Finance Lyon reviewed the situation concerning summons service with the City Council. It was the consensus of Council that summons service be left on a contract basis and that the matter be reviewed again in a three- four month period. Mr. Lyon stated that he would amend the resolution which had accompanied the memorandum in order that it might be considered at a later City Council meeting. * * * * * A memorandum from Mr. Stephen A. Lyon, Director of Finance, and Mr. Charles B. Carroll, Utilities Director, regarding the $2.2 General Obligation Water Bond Bid proposals, was received for the record. * * * * * Introduced as a Bill by Councilman Lone and read in Full, A BILL FOR AN ORDINANCE TO CONTRACT AN INDEBTEDNESS ON BEHALF OF THE CITY OF ENGLEWOOD, COLORADO, AND UPON THE CREDIT THEREOF BY ISSUING GENERAL OBLIGATION WATER IMPROVEMENT BONDS OF SAID CITY IN THE PRINCIPAL AMOUNT OF $2,200,000, FOR THE PURPOSE OF PROVIDING FUNDS WITH WHICH TO EXTEND AND IMPROVE THE MUNICIPAL WATER SYSTEM OF SAID CITY; PRESCRIBING THE FORM OF SAID BONDS AND PROVIDING FOR THE LEVY OF TAXES TO PAY THE BONDS AND THE INTEREST THEREON. COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE 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 Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * I I I I I I March 15, 1971 BY AUTHORITY ORDINANCE NO. 7, SERIES OF 1971 AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 20, ORDERING THE CONSTRUCTION THEREIN OF STREET AND ALLEY IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 7, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Major Pro Tern declared the motion carried. * * * * * BY AUTHORITY ORDINANCE NO. 8, SERIES OF 1971 AN ORDINANCE AMENDING TITLE I, CHAPTER 6, SECTION 37 OF THE '69 E.M.C., ENTITLED "COURT COSTS," BY INCREASING WITNESS FEES FROM ONE DOLLAR($1.00) TO FIVE DOLLARS ($5.00) FOR EACH 1'AY OR l'All'T O!' A 1'A¥ SUCH WITD88 SHALL BB IN ATTENDANCE: AND INCREASING THE FEE OF JURORS FROM THREE DOLLARS ($3.00) TO SIX DOLLARS ($6.00) PER DAY OR PART OF A DAY SUCH JURORS SHALL BE IN ATTENDANCE. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT ORDINANCE NO. 8, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * BY AUTHORITY ORDINANCE NO. 9, SERIES OF 1971 AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DISPOSAL OF WEEDS OR RUBBISH THEREFROM. (Copied in full in the official Ordinance Book.) COUllC!LllAN BROWM MOVBD, eomteILMAll SBftI 8BeOllDBD, THAT ORnIIIAlleB llO. 9, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * RESOLUTION NO. 15, SERIES OF 1971 A RESOLUTION ESTABLISHING A STREET NAME FOR THE SOUTHERN PORTION OF CHEROKEE CIRCLE AND THE PUBLIC WAY BETWEEN CHEROKEE CIRCLE AND SOUTH ELATI STREET IN THE 3400 BLOCK SOUTH BE RENAMED "WEST HAMPDEN PLACE." (Copied in full in the official Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 15, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * 189 190 March 15, 1971 Introduced as a Bill by Councilman Senti and read in full, A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 70 IN THE CITY OF ENGLEWOOD, COLORADO, APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT; AND PRESCRIBING THE MANNER OF COLLECTION AND PAYMENT OF SAID ASSESSMENTS. -COUNCILMAN LONE MOVED, COUNCILMAN SENTI 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 Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE APPLICATION OF MR. MILTON POFFEL, DfstA TACKLE LIQUORS, FOR A RETAIL LIQUOR STORE, 4811 SOUTH BROADWAY, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Kreiling, Dhority, Brown, Lay. Nays: None Abstaining: Councilman Lone Absent: Schwab The Mayor Pro Tern declared the motion carried. City Attorney Berardini presented a draft Findings and Decision concerning the application of Tackle Liquors; said Findings and Decision were read in full. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI SECONDED, THAT THE CITY COUNCIL ADOPT THE FINDINGS AND CONCLUSIONS SET OUT IN THE PREVIOUSLY READ DOCUMENTS AND THAT THE APPLICATION OF TACKLE LIQUORS BE DENIED. Councilman Lone stated that because he did not attend the public hearing on March 1, 1971, he would abstain from voting. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Kreiling, Dhority, Brown. Nays: Councilman Lay Abstaining: Councilman Lone Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * Director of Finance Lyon stated that to amend the resolution appropriating money from Municipal Court to cause a summons service to be obtained in the same manner as in the last five months, the appropriation contained in the resolution should be reduced from $19,047 to $18,096. The City Council discussed the appropria- tion resolution and summons service. At the conclusion of the discussion, it was the consensus of the Council that a report on this service be submitted at a later date. * * * * * City Manager Dial requested approval of the attendance of two members of the Planning and Zoning Commission to be designated at that Commission's meeting on March 16, 1971, to attend the American Society of Planning Officials conference in New Orleans, March 27 through April 1. COUNCILMAN KREILING MOVED, COUNCILMAN BROWN SECONDED, THAT THE ATTENDANCE OF TWO MEMBERS OF THE PLANNING AND ZONING COMMISSION TO THE NEW ORLEANS ASPO CONFERENCE BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried. * * * * * City Manager Dial discussed possible Federal revenue sharing with members of City Council. Mr. Dial stated that under one formula for revenue sharing, the City of Englewood would receive $292,000 out of a total of $5,000,000,000 to be shared with State and local governments. I I I I I I I I March 15, 1971 RESOLUTION NO. 16, SERIES OF 1971 A RESOLUTION URGING THE NATIONAL CONGRESS TO ADOPT A GENERAL REVENUE SHARING BILL DESIGNED TO RETURN A SIZEABLE PROPORTION OF FUNDS TO THE STATES AND CITIES. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN SENTI SECONDED, THAT RESOLUTION NO. 16, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tem declared the motion carried. * * * * * The City Council discussed the appointment of individuals to a Workable Program Citizens' Committee. COUNCILMAN DHORITY MOVED, COUNCILMAN LONE SECONDED, THAT THE INDIVIDUALS SET FORTH BELOW BE NAMED AS MEMBERS TO THE WORKABLE PROGRAM CITIZENS' COMMITTEE: ORGANIZATION Englewood Chamber of Commerce Englewood Ministerial Alliance Northwest Englewood Improvement Assn. South Suburban Board of Realtors Inter-Faith Task Force Metro-Denver Fair Housing Center, Inc. MEMBER AND ADDRESS Lou Parkinson 590 Pennwood Circle Rev. Herbert Hosanna 3001 So. Acoma Street Dennis Kelley 2393 W. Warren Avenue Vi Weist 570 Pennwood Circle Henry Cokayne 325 West Belleview Malcolm E. Collier 1421 E. Cornell Place Englewood Student Council Tom Hoogendyk League of Women Voters Board of Education Parks and Recreation Commission Planning and Zoning Englewood City Council 3845 So. Lincoln Street Mrs. John Hearn 3909 So. Washington Dr. Charles Zartman 4860 So. Huron Jacques Stackhouse 2880 So. Pennsylvania Mrs. Judith Henning 3074 E. Cornell Circle Milton Senti 4745 So. Lipan Street ALTERNATE AND ADDRESS Russell Woods, Jr. 680 So. Washington Circle Rev. Allen Strong 3500 So. Logan Street George Johnston 2401 So. Pecos Street Del Price 2269 East Floyd Place David L. Beachy 1122 West Oxford Place Charles Henning 3074 E. Cornell Circle Paul Shattuck 3054 Cornell Circle Mrs. Edna Tourtelot 2791 So. Ogden Colbert Cushing 3791 So. Sherman Herbert Mosbarger 2250 W. Wesley Avenue IT WAS THE CONSENSUS OF CITY COUNCIL THAT MR. LOU PARKINSON BE APPOINTED AS TEMPORARY CHAIRMAN OF THE WORKABLE PROGRAM CITIZENS' COMMITTEE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tem declared the motion carried. * * * * * City Manager Dial discussed various items of legislation before the Colorado Legislature. Mr. Dial stated that a bill currently before the House and Senate would in essence abolish the doctrine governmental sovereign immunity and establish limits of liability for municipalities. Mr. Dial recommended support of the bill due to the possibility of abolishment of this doctrine before the Colorado Supreme Court in the near future. * * * * * 191 192 March 15, 1971 Mr. Dial discussed Senate Bill 292 pertaining to State financial support in construction of sanitary sewage treatment facilities. Mr. Dial stated that through a modest contribution of the State of Colorado, local governments could receive 66 per cent matching aid from the Federal government as opposed to the current 50 per cent they are now receiving. * * * * * Mr. Dial discussed Senate Bill 153 pertaining to Fire Pension Funds and I providing, among other things, an escalator clause in the pensions received by retired firemen. Mr. Dial discussed the financial implications on Englewood's Fire Pension . Fund and reconunended that the City of Englewood oppose the bill in its present form unless the State makes arrangements and provides the necessary money for all Fire Pension Funds to be actuarially sound. * * * * * City Manager Dial discussed landscaping of the Broadway-U.S. 285 interchange. Assistant City Manager McDivitt presented the landscaping plans to members of Council. Mr. Dial stated that the landscaping is included within the State Highway Department budget request for 1971-1972. However, the City of Englewood would have to agree to water and maintain the site. * * * * * City Manager Dial stated that a letter from the United States Environmental Protection Agency, Kansas City, Missouri, had been received approving Englewood's request for grant for modification and reconstruction to its existing sanitary sewage treatment plant. * * * * * City Manager Dial presented a memorandum from Director of Finance Lyon I dated March 15, 1971, discussing the John W's Tap Room, Inc., liquor license. Mr. Dial stated that a transfer in ownership of John W's had not taken place. However, it was expected within the immediate future as the stock which had been pledged for a note by the current owner was being foreclosed upon. * * * * * City Manager Dial stated that some of the Englewood employees have become members of the Operating Engineers Union. Mr. Dial stated that there may have been a misunderstanding on the basis of information which he has received back from various individuals that the City Manager had advised representatives of the Union that they could not appear at City Council meetings. Mr. Dial stated that this is entirely incorrect and that at no time had he advised any individuals that they could not appear before City Council. Mr. Dial stated that he believed representatives of the Union might appear at the next City Council meeting. * * * * * Councilman Brown requested that the staff provide information as soon as possible concerning possible location of a three to five acre park on the KLZ site. City Manager Dial discussed the staff actions which were currently underway. The City Council discussed the possibility of a park on the KLZ site by obtaining land donated b y the developer. * * * * * Councilman Brown stated that residents in the 2700 block of South fennsylvania wished to have their street paved. However, they believed that six trees may be saved by placing a 2 1 8 11 sidewalk on their street instead of the 4 foot sidewalk proposed. Mr. Brown requested that no action be taken on the tbee removal in the 2700 block of South Pennsylvania until City Council can consider the request. * * * * * COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Senti, Lone, Kreiling, Dhority, Brown, Lay. Nays: None Absent: Schwab The Mayor Pro Tern declared the motion carried, and the meeti adjourned at 10:50 P.M. OF THE COUNCIL I I