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Home My WebLink About1971-05-17 (Regular) Meeting Minutes;I I I 'I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MAY 17, 1971 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on May 17, 1971, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Councilman Brown. The Pledge of Allegiance was recited. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: None 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 MINUTES OF THE REGULAR MEETING OF MAY 3, 1971, AND THE RECESSED MEETING OF MAY 10, 1971, BE APPROVED AS READ. Councilman Brown stated that page 9 of the May 3, 1971, minutes should be corrected to show that he had made the motion relevant to the 2700 block of South Pennsylvania and that Councilman Lone had seconded it. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Loren Shepherd, Van Schooneveld, Heider and Shepherd, presented the management letter for the Englewood 1970 audit. Discussion ensued. It was the consensus of Council that a report of the staff be presented by July 1, 1971. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MANAGEMENT LETTER OF THE 1970 AUDIT BE ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Richard Simon, Attorney representing 90-W-B Corporation, appeared before City Council and requested reissuance of the Lum's beer and wine license to the 90-W-B Corporation. Mr. Simon introduced Mr. and Mrs. John L. Mccaffery, Jr., to City Council. Mr. Mccaffery discussed his experience with restaurants and liquor outlets. It was noted that the application file did not contain a copy of the lease for the property at 90 West Belleview. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE APPLICATION TO REISSUE THE BEER AND WINE LICENSE OF LUM'S TO THE 90-W-B CORPORATION BE APPROVED, SUBJECT TO RECEIPT OF A COPY OF THE LEASE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * 215 216 May 17, 1971 COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE REQUEST TO SECURE A CLUB LICENSE FOR THE KNIGHTS OF COLUMBUS, 3800 SOUTH SANTA FE LANE, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the public hearing opened at 9:10 P.M~. NOTE: A tape recording of the public hearing is on file with the official records of the City Clerk of the May 17, 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 -the City's file on the Knights of Columbus application containing: (a) Knights of Columbus application (b) Police reports (c) Notice of Advertisement of Public Hearing (d) Letters of reference (e) List of liquor outlets within the City of Englewood Mr. Jerold L. Trupp, Attorney, Western Federal Savings and Loan, Denver, Colorado Mr. M.F. Dilsaver, 626 West Easter Place, Littleton, Colorado Exhibit #2 -petitions circulated in favor of the Knights of Columbus (230 names -count unverified by City Clerk) Exhibit #3 -Floor plan of the Knights of Columbus proposed Club outlet Mr. Kells Waggoner, Director of Public Works, City of Englewood Mr. Michael J. Mullin, 5650 South Curtice, Littleton, Colorado COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING REGARDING THE REQUEST TO SECURE A CLUB LIQUOR LICENSE FOR THE KNIGHTS OF COLUMBUS, 3800 SOUTH SANTA FE LANE, BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the public hearing closed at 9:40 P.M. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE APPLICATION OF THE KNIGHTS OF COLUMBUS FOR A CLUB LIQUOR LICENSE AT 3800 SOUTH SANTA FE LANE BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * The minutes of the Planning and Zoning Commission meeting of April 20, 1971, were received for the record. * * * * * A memorandum from Mr. James L. Supinger, Planning Director, dated May 10, 1971, regarding the amending of the Zoning Ordinance, Section 22.5-3(f), and an excerpt from the minutes of the Planning and Zoning Commission meeting of May 4, 1971, with a recommendation that the requirement prohibiting service stations to be built within 500 feet of each other be amended, were received for the record. * * * * * The minutes of the Public Library Board meeting of May 11, 1971, were received for the record. * * * * * The minutes of the Parks and Recreation Commission meeting of May 12, 1971, were received for the record. * * * * * I I I I I I I I May 17, 1971 The minutes of the Board of Adjustment and Appeals meeting of March 10, 1971, were received for the record. * * * * * The financial report for the month of April, 1971, was received for the record. * * * * * The quarterly report for the first quarter of 1971, was received for · the record. * * * * * RESOLUTION NO. 23, SERIES OF 1971 A RESOLUTION GRANTING THE APPLICATION OF THE SOUTHLAND CORPORATION D/B/A SEVEN-ELEVEN STORES FOR A FERMENTED MALT BEVERAGE LICENSE TO BE LOCATED AT 2705 SOUTH BROADWAY STREET, ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 23, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: Councilman Brown Absent : None The Mayor declared the motion carried. * * * * * RESOLUTION NO. 24, SERIES OF 1971 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE, TOGETHER WITH THE CITY ATTORNEY, FOR THE ACQUISITION OF REAL PROPERTY FOR THE ENLARGE- MENT AND EXTENSION OF EAST CORNELL AND EAST BATES AVENUES, LOCATED WITHIN PAVING DISTRICT NO. 20, CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT RESOLUTION NO. 24, SERIES OF 1971, BE ADOPTED AND APPROVED. Councilman Lay requested that the City Manager and City Attorney provide information concerning the acquisition of the four parcels as negotiation progresses. City Attorney Berardini stated that Section 3 of Resolution No. 24 should be changed to read as follows: "City Council hereby appropriates from the Public Improvement Fund of the City of Englewood the funds necessary to acquire the hereinabove described property." It was the consensus of City Council that the correction to Section 3 be approved and incorporated within the resolution. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * RESOLUTION NO. 25, SERIES OF 1971 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER OR HIS DESIGNEE, TOGETHER WITH THE CITY ATTORNEY, TO NEGOTIATE FOR AND PURCHASE CERTAIN REAL PROPERTY LOCATED WITHIN THE SOUTHLAWN GARDENS SUBDIVISION OF THE CITY OF ENGLEWOOD IN ORDER TO ACCOMMODATE NATURAL DRAINAGE IN THE AREA KNOWN AS COLLEGE VIEW GULCH, ALSO KNOWN AS WEST HARVARD GULCH, TO BE INTEGRATED WITH A PARKWAY DEVELOPMENT AND AUTHORIZING CONDEMNATION PROCEEDINGS IN THE EVENT NEGOTIATIONS ARE UNSUCCESSFUL. (Copied in full in the official Resolution Book.) COUNCILMAN SENTI MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 25, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: 217 218 May 17, 1971 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE REPEALING AND REENACTING SECTION 12, CHAPTER 3, TITLE XV OF THE '69 E.M.C. ENTITLED "WATER AND SEWER," REQUIRING THAr-ALL NEW WATER SERVICE TO BE PLACED ON METERS. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI 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 Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Introduced as a Bill by Councilman Brown and read in full, A BILL FOR AN ORDINANCE AMENDING SECTIONS 31, 32, 33 AND 34, CHAPTER 4, ARTICLE 3, ENTITLED "COUNCIL DISTRICTS," OF TITLE I OF THE '69 E.M.C. BY CORRECTING ERRORS IN THE COUNCIL DISTRICTS, AS PUBLISHED IN THE NEW MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN BROWN MOVED, COUNCILMAN SENTI 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 Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Attorney Berardini discussed the recommendation of the Planning and Zoning Commission to remove restrictions within the zoning ordinance which do not allow the placement of a filling station within 500 feet of another filling station. COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION BE RECEIVED AND DEFERRED FOR FUTURE ACTION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Manager Dial stated that the estimated costs for Sidewalk Improvement District No. 71 are $16,982.99 for the property owners and $4,018.31 for the City of Englewood. Director of Public Works Waggoner appeared and discussed the cost estimates with City Council. City Manager Dial stated that it would not be necessary to use Public Improvement Fund monies to loan to the Sidewalk Improvement District revolving fund but it would be necessary to appropriate the City of Englewood's estimated share of $4,000 plus $2,500 for other City costs not covered in prior years. I I I I I I I I May 17, 1971 RESOLUTION NO. 26, SERIES OF 1971 A RESOLUTION DECLARING THE INTENT OF THE CITY COUNCIL OF THE CITY OF ENGLE- WOOD, COLORADO, TO CREATE AN IMPROVEMENT DISTRICT IN SAID CITY, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 71; ADOPTING DETAILS AND SPECIFICATIONS THEREFOR; ESTABLISHING A DATE AND PLACE FOR A PUBLIC HEARING UPON THE CREATION OF SAID DISTRICT; AND ORDERING PUBLICATION AND MAILING OF NOTICE THEREOF TO THE OWNERS OF PROPERTY TO BE ASSESSED WITHIN THE DISTRICT. (Copied in full in the official Resolution Book.) COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 26, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Director of Public Works Waggoner presented a memorandum recommending usage of the City's credit of the county road and bridge mill levy within the City of Englewood. Mr. Waggoner stated that primarily the overlay should be done in Paving Districts Nos. 6 and 7 and sealcoating in Paving District No. 18 with work also to be done on South Platte River Drive and Hampden Avenue. It was the consensus of the City Council that the administration proceed with the implementation of the work program as set forth in the memorandum. * * * * * City Manager Dial called Council's attention to the fact that the May 17, 1971, City Council meeting should be recessed for Monday, May 24, to consider the Bill for an Ordinance issuing Paving District No. 20 bonds. * * * * * City Manager Dial reviewed bids received for a sanitary sewer trunk line along Jefferson Avenue. Mr. Dial stated that the low bid was 72 per cent above the engineer's estimate and he recommended rejection. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE BIDS RECEIVED FOR THE JEFFERSON AVENUE SEWER LINE BE REJECTED AND THAT THE CITY PROCEED TO ATTEMPT TO OBTAIN FEDERAL AID AND TO REBID THE PROJECT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent : None The Mayor declared the motion carried. * * * * * City Manager Dial stated that the City of Englewood mark had received two awards given by the Denver Art Director's Society. City Manager Dial discussed a booth to be constructed for the Colorado Municipal League and the American Water Works meetings to be held in June. Mr. Dial stated the booths would be used for display th~oughout the City. * * * * * Mayor Schwab stated that he had received a complaint that a liquor outlet adjacent to the casual Lounge was operating without a license. City Manager Dial stated that the State and Englewood Police Department had investigated the matter and found that Mr. Corder had separated his operation at the Casual Lounge into two segments interconnected by a bar but not allowing an inside passageway for patrons. Mr. Dial stated that apparently this is not in violation of the State of Colorado statutes. * * * * * Mayor Schwab discussed his recent trip with City Manager Dial to view the Wichita Falls data processing project. * * * * * 219 220 Ma y 1 7 , 1971 COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE MEETING BE RECESSED TO MAY 24, 1971, AT 7:30 P.M., TO CONSIDER THE BILL FOR AN ORDINANCE ISSUING PAVING DISTRICT NO. 20 BONDS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried, and the meeting a urned at 11:00 P.M. ~2 __ I