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Home My WebLink About1971-11-01 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COIDRAOO NOVEMBER 1, 1971 REGUIAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 1, 1971, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by the Reverend Barry Kimbrough of the Englewood Methodist Chirch. Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor a .sked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lentsch, Senti, Schwab. Absent: Councilman Lay The Mayor declared a quorum present. Also present were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini Deputy City Clerk Herndon Councilman Lay entered Council Chambers and took his seat with Council at 8:10 P.M. * * * * * COUNCILMAN BORWN K>VED, COUNCILMAN DIDRITY SECONDED, THAT THE MINUl'ES OF THE REGULAR MEETING OP OCTOBER 18, 1971, BE APPROVED AS READ. 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. * * * * * Mr. Prank Clapp, 2191 Ridge Road, and Mr. Gerald Clapp, 2608 South Patton Court, appeared before Council to discuss the City's animal incinerator. Mr. Frank Clapp stated that the smell from the incinerator was obnoxious and the barking dogs were a nuisance. Discussion ensued. City Manager Dial stated that the problem would be investigated. * * * * * Mr. Richard McMartin, Attorney, Mr. Jim Hughes, Area Director for the 7-11 Stores, and Mr. Woodrow Good, Store Manager for the 7-11 Store at 4400 South Broadway, appeared before Council to request the issuance of a 3.2 malt beverage license. COUNCILMAN DHORITY K>VED, COUNCILMAN LAY SECONDED, THAT THE APPLICATION FOR A 3.2 MALT BEVERAGE LICENSE FOR THE 7-11 STORE AT 4400 SOUTH BROAIMAY BE RECEIVED AND THAT A DATE BE ESTABLISHED FOR A PUBLIC HEARI?«; ON DECEMBER 20, 1971, at 8:00 P.M. Upon the call of the roll, the vote resulted as follows: Ayers: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Ken Hanmond, Manager of the Del Farm Store located at 4160 South Broadway, appeared before Council to request a renewal of a 3.2 fermented malt beverage license. COtnCILMAN LAY K>VED, COUNCILMAN LENl'SCH SECONIED, THAT THE REQUEST FOR A RENEWAL OF THE 3.2 PE8MEm'ED MALT BEVERAGE LICENSE FOR THE DEL FARM STORE AT 4160 sourH BROAIMAY BE GRANTED. 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 . * * * * * 291 292 November l, 1 9 71 CX>UNCIUIAN LAY MOVED, COUNCILMAN LENI'SCH SECONDED, THAT THE PUBLIC HEARING ON THE REQUEST OF THE IZAND«; TOWER OP PIZZA, 90 WEST BELLEVIEW, FOR THE ISSUANCE OF A 3.2 FERMENI'ED MALT BEVERAGE LICENSE 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 8:35 P.M. NOTE: A tape recording of the public hearing is on file with the official records of the City Clerk of the November 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: Mr. Dean Herndon, Deputy City Clerk Exhibit #1 --The City's file on the application of 90-W-B Corporation, containing: (a) Application of 90-W-B Corporation (Leaning Tower of Pizza). (b) Police and FBI reports. (c) Publisher's affidavit of advertisement of public hearing. (d) Letters of reference. (e) List of all police calls to outlet within last twelve months. (f) Map and list of all liquor outlets within City of Englewood. (g) Council Action Request Form submitted by Mr. Stephen A. Lyon dated September 17, 1971. Mr. Richard Simon, Attorney, 333 West Hampden Avenue, Englewood, Colorado. Exhibit #2 Exhibit #3 Affidavit of Posting Notice of Public Hearing at 90 West Belleview. Petition circulated in favor of the granting of a 3.2 fermented malt beverage license containing 150 signatures (count unverified by Deputy City Clerk). Exhibit #4 --Petition circulated in favor of the granting of a 3.2 fermented malt beverage license containing 180 signatures (count unverified by Deputy City Clerk). Exhibit #5 --Pet ition circulated in favor of the granting of a 3.2 fermented malt beverage license containing 190 signatures (count unverified by Deputy City Clerk). Exhibit #6 --Map show i ng the location of the Leaning Tower of Pizza, as well as other 3.2 beer (premises) and 3.2 beer (package) outlets. Exhibit #7 --Map of surrounding area. Mr. Prank E. Striker, Secretary and Treasurer of Market Service Associates, 1321 Elati, which company conducts public opinion surveysand who circulated petitions. Mr. John L. McCaffery, Jr., 1000 East Oxford Lane, President and Manager of 90-W-B Corporation. Mr. Delbert McCandless, 12866 East Ohio Avenue, Aurora, circulator of a petition containing 180 signatures. Mr. Frank Main, 14291 East Colfax Avenue, Aurora, circulator of a petition containing 1 90 signatures. There were no persons appearing in opposition. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE REQUEST OF THE LEANING TCMER OF PIZZA, 90 WEST BELLEVIEW, 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 9:30 P.M. COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT THE REQUEST OF THE LEANING TOWER OF PIZZA, 90 WEST BELLEVIEW, FOR A 3.2 FERMENI'ED MALT BEVERAGE LICENSE BE TABLED FOR FURI'HER 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. * * * * * I I I I ,1 I I I November 1, 1971 A list of streets proposed for inclusion in Paving District No. 21 was received for the record. * * * * * The minutes of the Workable Program Citizens Conunittee meeting of October 14, 1971, were re- ceived for the record. * * * * * The minutes of the Planning and Zoning Conunission meeting of October S, 1971, w~re received for the record. * * * * * The minutes of the Election Commission meeting of October 18, 1971, were received for the record. * * * * * The minutes of the Water and Sewer Board meeting of October 19, 1971, with three memoranda attached, were received for the record. A memorandum dated October 19, 1971, reconunending the approval of Supplement No. 32 to Connector's Agreement with Southgate Sanitation District, was received and discussed. COUNCIU4AN DHORITY MOVED, COUNCIU4AN LAY SECONDED, THAT SUPPLEMENT NO. 32 TO THE CONNECTOR'S AGREEMENI' WITH SOtrrHGATE SANITATION DISTRICT BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AtrrORIZED TO SIGN SAID SUPPLEMENT. 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. COUNCIU4AN K.REILING MOVED, COUNCILMAN LAY SECONDED, THAT THE MEMORANDUM FROM THE WATER AND SEWER BOARD RECOMMENDING AtrrHORIZATION FOR THE DIRECTOR OF trrILITIES TO IMPLEMENT THE PROGRAM TO CONVER!' ALL CITY FLAT RATE WATER ACCOUNTS TO METERED ACCOUNTS WITHIN A PERIOD OF APPROXIMATELY TWO YEARS AND TO SELL BONDS AS NECESSARY TO FINANCE THE CONVERSION AND TO PROCEED WITH THE WORK USING IN-HOUSE PER- SONNEL REINFOICED AS NECESSARY BY ADDITIONAL HIRING FOR THE DURATION OF THIS PROJECT BE RECEIVED. 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 urging the City to sign a Quit Claim Deed which would permit the acquisition of land necessary to realign and then cross a portion of the City Ditch right-of-way was received. COUNCILMAN DHORITY MOVED, COUNCILMAN K.REILING SECONDED, THAT THE MAYOR AND CITY CLERK BE AtrrfDRIZED TO SIGN THE QUIT CLAIM DEED ON PROPERI'Y NEAR THE INTERSECTION OF sourH CHEROKEE STREET AND WEST KENYON AVENUE. 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 AUTlDRITY ORDINANCE NO. 33, SERIES OF 1971 AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VAWATION OF ALL TAXABLE PROPERI'Y WITHIN THE CITY OF ENGLEWOOD, COl.DRADO, FOR THE YEAR 1972. (Copied in full in the official Ordinance Book.) COUNCILMAN LENI'SCH MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 33, 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 decla.red the motion carried. * * * * * 293 294 No ve mber 1, 1 9 71 RESOLl11'ION R:>. 40, SERIES OF 1971 A RESOLl1l'ION Al1l'R:>RIZING THE EXECUTION BY THE MAYOR OF THE CITY OF ENGLEWOOD OF THAT CERl'AIN MAINI'ENANCE CONTRACT, UNDER DATE OF NOVEMBER 1, 1971, BETWEEN THE STATE HIGHWAY COMMISSION OF COLORADO AND THE CITY OF ENGLEWOOD RELATIVE TO THE LANDSCAPING AND BEAUTIFICATION OF THE INI'ERCHANGE IDCATED AT U.S. 285 AND SOUTH BR:>.AI:MAY STREET IN THE CITY OF ENGLEWOOD, COIDRADO. (Copied in full in the official Resolution Book.) COUNCIIMAN LAY MOVED, COUNCILMAN LENl'SCH SECONDED, THAT RESOLl1l'ION NO. 40, SERIES OF 1971, BE ADOPI'ED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None Th e Mayor declared the motion carried. * * * * * COUNCILMAN LAY K>VED, COUNCILMAN LENTSCH SECONDED, THAT THE CITY ATl'ORNEY BE Al1l'HORIZED TO ATT END A SHOR!' COURSE ON "LOCAL GOVERN.MEN!' PROBLEMS" AT THE SOl1l'HWEST FOUNDATION AT DALLAS, TEXAS, DECEMBER 6 -9, 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. * * * * * City Manager Dial discussed with City Council the Chamber of Conunerce request for participa- tio n in the annual Christmas decorations program. COUlCILMAN LENTSCH MOVED, COUOCILMAN SENTI SECONDED, THAT THE CITY CONI'RIBl1l'E $2,500.00 TO THE ENGLEWOOD CHAMBER OF COMMER::E FOR PARl'ICIPATION IN THE ANNUAL CHRISTMAS DECORATING PROGRAM. Upon the cal l of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays:· None Absent: None Th e Mayor declared the motion carried. * * * * * City Manager Dial d i scussed with Council a contract for the performance of the 1971 City audit. COUNCILMAN DHORITY MOVED, COUNCILMAN SENTI SECONDED, THAT THE FIRM OF VAN SCHOONEVELD, SHEPHERD & CO. BE RETAINED TO PERFORM THE 1971 AUDIT, AND THAT THE MAYOR AND CITY CLERK BE Al1l'HORIZED TO SIGN THE AGREEMENT. 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 yor declared the mot i on carr i ed. * * * * * A letter from Mr. Stanley Dial, City Manager, to the Englewood City Council dated October 29, 1971 , r egarding the proposed liquor license renewal procedure was received for the record. It was the consensus of Council that the new liquor license renewal program be instituted. * * * * * Q)UNCILMAN LAY MOVED, COUNCILMAN LENTSCH SECONDED, THAT DEPlJI'Y FIRE CHIEF DONALD J. MC I.ELLAN BE AUT HORIZED TO ATTEND A CONFERENCE ON EMERGENCY RESCUE CARE IN LAS VEGAS, NEVADA, NOVEMBER 7 -11, 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 Ma yor declare d the motion carr i ed. * * * * * I I I I I I 'I I November 1 , 197 i A mem o rand um f rom Mr . Stanley H. Dial, City Manager, to City Council dated October 29, 1971, regarding the adoption of certain build i ng codes, was received for the record. Mr . Dial s tat e d t hat the r e were some significant changes in the Building Code. He also stated that additional informa tio n wo uld be ava i lable at the November 15, 1971, Council meeting. * * * * * City Manager Dial stated tha t he had received a petition from Chalmers A. Parker requesting that parking be returned to the south s i de of Gi rard Avenue, which petition was received by Council for the record . Discussion ensued . * * * * * COUNCiu.AN KREILI NG MOVE D, COUNCiu.AN LAY SECONDED, THAT THE REQUEST OF THE LEANING TOWER OF PIZZA , 90 WEST BE LLE VIEW, FOR A 3 . 2 FERMENl'ED MALT BEVERAGE LICENSE, BE REMOVED FROM THE TABLE. Upon the call of the r o ll , the vote r esulted as follows: Ayes: Co unci l men Brown , Dh ori ty, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor decldred the motion carried . COUNCiu.AN DHORITY MOVED , CO UNCiu.AN LAY SECONDED, THAT THE REQUEST FOR A 3.2 FERMENTED MALT BEVERAGE LICENSE BE GRANTED TO THE LEANING TOWER OF PIZZA, 90 WEST BELLEVIEW, SUBJECT TO LEGAL DOCl.14ENl'ATION THAT 90-W -B CORPORATION HAS !AWFUL POSSESSION OF THE PROPERI'Y AT 90 WEST BELLEVIEW. Upon the call of the roll , the vote resulted as follows: Ayes: Council men Brown , Dhority, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Ab sent: No ne The Mayor declared the mo tio n carried . * * * * * COUNCiu.AN IAY MOVED , COUNCi u.AN KREILING SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll , the v o te resul t e d as follows: Ayes: Councilmen Brown , Dh o rity, Kreiling, Lay, Lentsch, Senti, Schwab. Nays: None Absent: None The Mayor declared the mo tio n carried , and the meeting adjourned at 10:30 P.M. Ex Officio Deputy Clerk of the Council 295