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Home My WebLink About1971-07-06 (Regular) Meeting MinutesI I I I July 6, 1971 COUNCIL citAMaERS CITY OF ENGLEWOOO, COLORADO JULY 6, 1971 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado. met in regular session on July 6, 1971, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Father Bannigan of the St. Louis Catholic 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, Kreiling, Lay, Senti, Schwab. The Mayor declared a quorum present. Also present were: Assistant City Manager McDivitt City Attorney Berardini City Clerk Lyon * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED,.THAT THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1971, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mayor Schwab recognized Mr. and Mrs. Phillip Nipper, 3585 South Marion Street, Precinct No. 8, from the list of Special Citizen Program Invitees. * * * * * Mr. Harold Rust, Englewood Manager of the Public Service Company, appeared before City Council and presented a franchise check for the second quarter of 1971 in the amount of $37,000 ($12,500 for gas and $24,500 for electricity). * * * * * Mayor Schwab stated that the resignation of Councilman Lone at the June 21, 1971, meeting had created a vacancy on the City Council which by charter should be filled within thirty days. Mayor Schwab stated that the application of Mr. Leo Lentsch, 1550 East Dartmouth Avenue, had been received prior to July l,_ 1971, and that on July 6, 1971, the application of Mr. Edward Tanguma, 4389 South Sherman, was received. Mayor Schwab read the application of Mr. Leo Lentsch. Director of Finance Lyon read a letter from Mr. Lentsch to members of Council stating that he had directed his attorney to dismiss a case against the City of Englewood and the Colorado Department of Highways concerning left turn movements at Bannock and U.S. 285 due to the construction of the Broadway-U.S. 285 interchange. Mayor Schwab read the application of Mr. Eddie Tanguma. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT MR. LEO LENTSCH, 1550 EAST DARTMOUTH AVENUE, BE APPOINTED TO FILL THE VACANCY OF COUNCILMAN ON THE ENGLEWOOD CITY COUNCIL CREATED BY THE RESIGNATION OF FORMER COUNCILMAN LONE AND, FURTHER, THAT A WHITE BALLOT BE CAST FOR HIS APPOINTMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT THE APPOINTMENT OF COUNCILMAN LENTSCH BE EFFECTIVE JULY 6, 1971, TO THE END OF THE UNEXPIRED TERM OF FORMER COUNCILMAN LONE, DECEMBER 31, 1971. Upon the call of the roll, the vote resulted as follows: 239 240 July 6, 1971 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. Mr. Leo Lentsch came forward and was sworn in by City Clerk Lyon. * * * * * Mr. Les Howe, 6611 South Logan Street, appeared before City Council and requested the renewal of a 3.2 beer license for Sport Bowl, 3295 South Broadway. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE 3.2 BEER LICENSE FOR THE SPORT BOWL BE RENEWED FOR A PERIOD OF TWELVE MONTHS EFFECTIVE JULY 16, 1971. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mayor Schwab stated that Mr. J. F. DeVivier, former chairman of the Board of Career Service Conunissioners, was unable to attend the City Council meeting to receive a plaque recognizing his service to the city. * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 22.5-5a(l0) OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 26, SERIES OF 1963, ENTITLED, "PRIVATE OFF-STREET PARKING STANDARDS FOR RESIDENTIAL USES", BY INCREASING THE REQUIRED OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the public hearing opened at 8:18 P.M. NOTE: A tape recording of the public hearing is on file with the official records of the City Clerk of the July 6, 1971, City Council meeting. Listed below in order of first appearance and presentation are the individuals who testified at the hearing and the exhibits: Mr. James L. Supinger, Planning Director Exhibit #1 -Publisher's Affidavit showing publication on June 16, 1971, and June 23, 1971, of Notice of Public Hearing on said Bill for an Ordinance. Exhibit #2 -Memorandum from Mr. James L. Supinger to City Council dated May 21, 1971. Staff Report dated May 4, 1971. Minutes of the Planning Conunission meetings of May 4, 1971, and May 18, 1971. Memorandum to City Council submitted by order of Planning and Zoning Conunission dated May 18, 1971, signed by Gertrude Welty, Recording Secretary. Reprint of Rathkopf on Zoning, Chapter 75, Off-Street Parking and Parking Lots. Two parking studies dated May 11, 1970, and November 12, 1968, revised May 11, 1970, on the City of Tustin, California. Mr. James L. Supinger, Planning Director, showed a slide presentation of the parking situation within the City of Englewood. I I I I I I I I July 6, 1971 Mr. Stephen A. Lyon, Director of Finance Exhibit #3 -Letter from Mr. George H. Allen, President of Geo. H. Allen Construction co., 3460 South Sherman Street, Englewood, reconanending an increase in off-street parking to two spaces per apartment. Letter read to Council by Mr. Lyon. Mr. H. R. Braun, Architect, 3173 South Ogden, appeared and reconunended an increase in off-street parking to two spaces per unit. Mr. G. G. Peterson, Director of the Chamber of Conunerce, appeared in favor of increasing off-street parking requirements and stated that the Board of Directors of the Chamber of Commerce by poll recommended a minimum of two spaces per apartment unit. There were no persons appearing in opposition to the proposed Bill for an Ordinance increasing the off-street parking for residential uses. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING ON THE PROPOSED ORDINANCE INCREASING THE REQUIRED OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the public hearing closed at 9:00 P.M. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE ORDINANCE INCREASING PARKING REQUIREMENTS BE TABLED FOR FURTHER DISCUSSION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE REQUEST FOR A 3.2 FERMENTED MALT BEVERAGE LICENSE FOR MR. ROBERT S •. BRIOLA, DBA BOB'S GROCERY AND MARKET, 3296 SOUTH WASHINGTON STREET, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the public hearing opened at 9:05 P.M. NC>rE: A tape recording of the public hearing is on file with the official records of the City Clerk of the July 6, 1971, City Council meeting. Listed below in order of first appearance and presentation are the individuals who testified at the hearing and the exhibits: Mr. Stephen A. Lyon, Director of Finance Exhibit #1 -The City's file on the application of Mr. Robert S. Briola, dba Bob's Grocery and Market, containing: (a) Application of Robert s. Briola, dba Bob's Grocery and Market (b) Police reports (c) Notice of advertisement of public hearing (d) Letters of reference (e) Memorandums from Mr. Kells Waggoner, Director of Public Works, and Mr. James L. Supinger, Planning Director (f) List of liquor outlets within the City of Englewood Mr. Edward O. Geer, Attorney, 1700 Broadway, Denver, Colorado. Exhibit #2(a)-Petitions circulated in favor of the granting of a 3.2 fermented malt beverage license containing 4~2 signatures (count unverified by City Clerk) 2(b)-Petitions circulated in favor of the granting of a 3.2 fermented malt beverage license containing 403 signatures (count unverified by City Clerk) 241 242 July 6, 1971 2(c)-Petitions circulated in favor of the granting of a 3.2 fermented malt beverage license containing 216 signatures (count unverified by City Clerk). 2(d)-Petitions circulated in favor of the granting of a 3.2 fermented malt beverage license containing 277 signatures (count unverified by City Clerk). Mr. Frank E. Striker, Secretary and Treasurer of Market Service Associates, 1321 Elati, which company conducts public opinion surveys and who circulated two petitions, above listed, totaling 815 signatures in favor. Mr. Robert F. Schultz, 3219 South Clarkson, appeared in favor. Mr. Donald Goodger, 3358 South Emerson, appeared in favor. Mrs. Janet Goodger, 3358 South Emerson, appeared in favor. Mr. Leo Chapai, 3280 South Downing, appeared in favor. Mr. Steve Gortych, 3301 South Pennsylvania, appeared in favor. Ms. June Brelsford, 3301 South Washington, appeared in favor. Mr. Guy Bishop, 3340 South Pearl, appeared in favor. Mrs. Mabel Duzzutti, 1933 South Monroe, appeared in favor. The following people appeared in favor but were not called upon to testify: Mr. Duzzutti, 1933 South Monroe. Mrs. Chapai, 3280 South Downing. Mrs. Gortych, 3301 South Pennsylvania. Mr. Don Fountain, 3360 South Downing. Mr. Arnold Nelson, 3007 West Stanford Drive. Mr. Robert S. Briola, 725 E. Floyd Avenue, dba Bob's Grocery and Market, 3296 South Washington Street, appeared. There were no persons appearing in opposition. Upon question of Council, sixteen persons in the audience stoo~ in favor of the granting of the 3.2 fermented malt beverage license to Bob's Grocery and Market, and none stood in opposition. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE REQUEST OF ROBERT S. BRIOLA, OBA BOB'S GROCERY AND MARKET, 3296 SOUTH WASHINGTON STREET, BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the public hearing closed at 10:00 P.M. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE REQUEST OF ROBERT S. BRIOLA FOR A 3.2 FERMENTED MALT BEVERAGE LICENSE AT 3296 SOUTH WASHINGTON STREET BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Assistant City Manager McDivitt introduced Mr. Dick Lindahl, swmner intern in the City Manager's office, to City Council. * * * * * A petition from property owners on West Baker Avenue protesting a new survey which was required by the City in order to determine center lines of streets in Northwest Englewood was received for the record. City Council discussed the petition of property owners on West Baker. At the conclusion of the discussion, it was the consensus of Council that the city administration follow through with letters to the signers of the petition, as well as keep City Council advised. I I I I I I I I July 6, 1971 COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY COUNCIL ACKNOWLEDGE RECEIPT OF THE PETITION FROM THE PROPERTY OWNERS ON WEST BAKER AVENUE PROTESTING THE NEW SURVEY OF STREET CENTER LINES AND PROPERTY LINES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * The minutes of the Workable Program Citizens' Committee meetings of May 12, 1971, June 3, 1971, and June 17, 1971, were received for the record. * * * * * The minutes of the ARAPS Board of Directors meeting of June 16, 1971, were received for the record. * * * * * The minutes of the Water and Sewer Board meeting of June 15, 1971, with a memorandum recormnending the approval of proposed Supplement No. 2 to Connector's Agreement with the Greenbelt Sanitation District, were received for the record. Assistant City Manager McDivitt pointed out to City Council the area described in Supplement No. 2 to the Connector's Agreement recommended for approval for inclusion in the Greenbelt Sanitation District. COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE SUPPLEMENT NO. 2 TO THE CONNECTOR'S AGREEMENT TO THE GREENBELT SANITATION DISTRICT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * A memorandum and staff report from Mr. James L. Supinger, Planning Director, dated June 23, 1971, to Council with regard to vacation of utility easement in the 3100 block between South Delaware and South Elati Streets, along with the minutes of the meeting of the Planning and Zoning Commission dated June 22, 1971, were received for the record. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION BE APPROVED AND THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE A BILL FOR AN ORDINANCE FOR CONSIDERATION OF CITY COUNCIL WHICH WOULD VACATE THE UTILITY EASEMENT IN THE 3100 BLOCK OF SOUTH DELAWARE AND SOUTH ELATI STREETS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * BY AUTHORITY ORDINANCE NO. 20, SERIES OF 1971 AN ORDINANCE CREATING AND ESTABLISHING AN IMPROVEMENT DISTRICT, TO BE KNOWN AS SIDEWALK IMPROVEMENT DISTRICT NO. 71: ORDERING THE CONSTRUCTION THEREIN OF SIDEWALK IMPROVEMENTS: AND PROVIDING FOR NOTICE TO CONTRACTORS TO BID UPON THE CONSTRUCTION OF SUCH I .MPROVEMENTS. (Copied in full in the official Ordinance Book.) City Attorney Berardini advised members of Council that City Manager Dial on June 28, 1971, wrote the citizens whose property had been deleted from Sidewalk iimprove- ment District No. 71 pursuant to the wishes of Council. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 20, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD SENTINEL. Upon the call of the roll, the vote resulted as follows: 243 244 July 6, 1971 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Senti, Schwab. Nays: None Abstaining: Councilman Lentsch Absent: None The Mayor declared the motion carried. * * * * * Assistant City Manager McDivitt stated that the City of Englewood had recei ved a letter from Key Savings and Loan dated July 2, 1971, stating that Key Savings and Loan had no objection to the public walking through its parking area to a bridge which might be built in the future across Little Dry Creek to serve as access to a park a t the interchange of Broadway and U.S. 285. * * * * * BY AUTHORITY ORDINANCE NO. 21, SERIES OF 1971 AN ORDINANCE VACATING A PORTION OF THE BROADWAY/ACOMA ALLEY, LOCATED FROM WEST HAMPDEN AVENUE ON THE NORTH TO LITTLE DRY CREEK ON THE SOUTH, WHICH PORTION IS WITHIN THE CITY OF ENGLEWOOD AS RECORDED: RETAINING AND RESERVING AN EASEMENT FOR THE FULL WIDTH OF THE ALLEY FOR ALL UTILITIES, SURFACE AND SUBSURFACE STORM DRAINAGE. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN SENTI SECONDED, THAT ORDINANCE NO. 21, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD SENTINEL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * City Attorney Berardini discussed with City Council a memorandum directed t o Mr. Stanley H. Dial expressing the legal opinion concerning the City's obligation to enforce parking requirements on city owned property around the Cinderella City shopping center. * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE VACATING A PORTION OF THE UTILITY EASEMENT LOCATED IN THE DOTSON SUBDIVISION, CITY OF ENGLEWOOD, AS RECORDED. COUNCILMAN DHORITY MOVED, COUNCILMAN LENTSCH SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD SENTINEL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Ma y or declared the motion carried. * * * * * A memorandum from Director of Finance Lyon concerning a federal grant for an alcohol mobile unit for the Englewood Police Department was received by City Council. RESOLUTION NO. 32, SERIES OF 1971 A RESOLUTION APPROPRIATING FUNDS TO THE ENGLEWOOD POLICE DEPARTMENT FOR AN ALCOHOL MOBILE UNIT. (Copied in full in the official Resolution Book.) COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 32, SERIES OF 1971, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted a s follows: I I I I I I I July 6, 1971 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * A memorandum from City Manager Stanley H. Dial concerning the possibility of contracting for custodial services at the various city buildings was received for the record. * * * * * Assistant City Manager McDivitt stated to members of Council that the optioon emergency traffic light preemption device would be demonstrated Friday, July 9, 1971, at 8:30 A.M. * * * * * Mayor Schwab thanked members of City Council for their participation in the KHOW Old-Timers Benefit Baseball Game. * * * * * COUNCILMAN LENTSCH MOVED, COUNCILMAN SENTI SECONDED, THAT THE PROPOSED ORDINANCE AMENDING CHAPTER 22.5-5a(l0) OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 26, SERIES OF 1963·, ENTITLED, "PRIVATE OFF-STREET PARKING STANDARDS FOR RESIDENTIAL USES", BY INCREASING THE REQUIRED OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lentsch, Senti. Nays: Councilmen Kreiling, Lay, Schwab. Absent: None The Mayor declared the motion carried. The City Council discussed the proposed ordinance. BY AUTHORITY ORDINANCE NO. 22, SERIES OF 1971 AN CORDINANCE AMENDING CHAPTER 22.5-5a(l0) OF THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 26, SERIES OF 1963, ENTITLED, "PRIVATE OFF-STREET PARKING STANDARDS FOR RESIDENTIAL USES", BY INCREASING THE REQUIRED OFF-STREET PARKING REQUIREMENTS FOR RESIDENTIAL USES. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 22, SERIES OF 1971, BE PASSED ON FINAL READING AND PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD SENTINEL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Lentsch, Senti, Schwab. Nays: Councilman Kreiling Absent: None The Mayor declared the motion carried. * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LENTSCH SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried, and the meeting adjour.Red at 11:05 P.M. 245