Loading...
HomeMy WebLinkAbout1970-01-05 (Regular) Meeting Minutes [2]570 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 5, 1970 REGULAR MEETING: Councilman Dhority called the meeting to order. City Clerk Lyon stated that the following had been elected to the Englewood City Council in 1968: Councilman Elect Howard R. Brown, 3183 South Race Street. Councilman Elect Elmer E. Schwab, 4795 South Inca Street. councilman Elect Milton Senti, 4745 South Lipan Street. City Clerk Lyon also stated that Mr. Haydn A. Swearingen had been elected as Municipal Court Judge. Judge Foote of District Court administered the Oath of Off ice to the Council- men Elect, Howard R. Brown, Elmer E. Schwab, Milton Senti, and to the Municipal court Judge Elect, Haydn A. Swearingen. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Absent: None. Also Present: City Manager Dial, City Attorney Berardini, City Clerk Lyon. Councilman Dhority declared a quorum present. City Council then proceeded to the election of the Mayor COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT COUNCILMAN ELMER E. SCHWAB BE NOMINATED TO THE TWO YEAR TERM OF MAYOR OF THE CITY OF ENGLEWOOD. COUNCILMAN KREILING MOVED THAT COUNCILMAN LONE BE NOMINATED TO THE TWO YEAR TERM OF MAYOR OF THE CITY OF ENGLEWOOD. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE NOMINATIONS 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. Councilman Dhority declared the motion carried. Councilman Kreiling spoke on the nomination of Councilman Lone. The City Council proceeded to cast a secret ballot for the office of Mayor. The ballots were collected and opened by City Clerk Lyon and witnessed by City Attorney Berardini. City Clerk Lyon reported the following results of election: Councilman Schwab Councilman Lone Abstain Five Votes One Vote One Vote Councilman Schwab asswned the position of Mayor of the City of Englewood. Mayor Schwab declared that nominations were now open for the position of Mayor Pro Tern. COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT COUNCILMAN LAY BE NOMINATED AS MAYOR PRO TEM OF THE CITY OF ENGLEWOOD. COUNCILMAN KREILING MOVED THAT COUNCILMAN DHORITY BE NOMINATED AS MAYOR PRO TEM. COUNCILMAN LONE MOVED, COUNCILMAN BROWN SECONDED, THAT NOMINATIONS 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 motion carried. I I I I I I I I January 5, 1970 City Council proceeded to cast a secret ballot for the office of Mayor Pro Tern. The ballots were collected and opened by City Clerk Lyon and witnessed by City Attorney Berardini. City Clerk Lyon reported the following results of election: Councilman Lay Councilman Dhority Abstain Four Votes Two Votes One Vote Councilman Lay made a brief opening statement as Mayor Pro Tem. Mayor Schwab requested that former Councilman J. Louis Parkinson come forward. Mayor Schwab presented a plaque to Mr. Parkinson in appreciation and recognition for the service he provided the City of Englewood. Mayor Schwab indicated that it had been a pleasure serving with Mr. Parkinson on the Englewood City Council. City Manager Dial expressed the appreciation of his office and the City administration for having worked with Mr. Parkinson. * * * * * * COUNCILMAN LONE MO\T&>, COUNCILMAN KREILING SECONDED, THAT THE ENGLEWOOD HERALD BE APPOINTED AS THE OFFICIAL NEWSPAPER OF THE CITY OF ENGLEWOOD. 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. * * * * * * · COUNCILMAN DHORITY MOVED, COUNCILMAN KREILING SECONDED, THAT COUNCILMAN SENTI BE NOMINATED AS THE CITY COUNCIL'S REPRESENTATIVE ON THE PLANNING COMMISSION. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT NOMINATIONS CLOSE AND THAT AN UNANIMOUS BALLOT BE CAST FOR COUNCILMAN SENTI. 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 Councilman Senti as the City Council's representative on the Planning Cormnission. Mr. Chalmerse A. Parker, 3996 South Grant, appeared before City Council and inquired whether the City Council was going to proceed to make appointments to fill all vacancies on the various boards and cormnissions. Mayor Schwab indicated that the City Council would fill only those vacancies required to be filled by City councilmen. COUNCILMAN LONE K:>VED, COUNCILMAN LAY SECONDED, THAT COUNCILMEN BROWN AND DHORITY BE APPOINTED AS THE CITY COUNCIL'S REPRESENTATIVES ON THE ENGLEWOOD EMPLOYEES' PENSION BOARD AND THAT AN UNANIMOUS BALLOT BE CAST. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Abstain: Councilman Dhority. Absent: None. The Mayor declared the motion carried and Councilmen Brown and Dhority as the City council's representatives to the Englewood Employees' Pension Board. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT COUNCILMAN SENTI BE NOMINATED AS THE CITY COUNCIL'S REPRESENTATIVE ON THE CHAMBER OF COMMERCE INDUSTRIAL DEVELOPMENT COMMITTEE. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT NOMINATIONS CLOSE AND THAT AN UNANIMOUS BALLOT BE CAST FOR COUNCILMAN SENTI. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Schwab. Nays: None. Abstain: Councilman Senti. Absent: None. The Mayor declared the motign carried and councilman Senti as the City Council's representative on the Chamber of Cormnerce Industrial Development Cormnittee. * * * * * * 571 January 5, 1970 Mayor Schwab recognized Mr. Steve O'Kane, 3146 South Vine Street, from the list of "Special Citizen Program Invitees." * * * * * * Mayor Schwab called for a recess at 9:02 P.M. Council reconvened at 9:32 P.M. 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. * * * * * * Mayor Schwab welcomed Councilman Senti to the Englewood City Council. Mayor Schwab introduced the new City Attorney, Bernard v. Berardini, to the audience. Mayor Schwab introduced Mrs. Milton Senti: Mrs. John J. Lay, son Jerry and daughter Tanya: and his wife, Mrs. Elmer E. Schwab and daughter Cynthia. * * * * * * Mr. Harold Rust, manager of the Englewood office of the Public Service Co~upany of Colorado, appeared before City Council and reviewed the increase in gas franchise rates with City Council. Mr. Rust stated that the electric franchise rate would remain the same while the gas franchise rate would be increased from two per cent to three per cent. This would result in the City receiving approximately $37,000 more a year. Mr. Rust stated that this was the same rate as the Denver franchise and that the franchise checks would be delivered four times a year. Councilman Kreiling requested that the City Attorney prepare a written report on the increase in the Public Service Company of Colorado's increase in franchise rates. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY COUNCIL ACKNOWLEDGE THE INCREASE IN GAS FRANCHISE RATES BY THE PUBLIC SERVICE COMPANY OF COLORADO UPON A WRITTEN OPINION OF THE CITY ATTORNEY. Upon the call of the roll, the vote resulted as follows: Ayes: Cour.cilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mr. Tom Eitel, attorney, representing South Broadway Specialties, Inc. and Mr. Saul Leibow , applicant for the transfer of the Brookridge Pizza Oven, Inc. liquor I I license, appeared before City Council in regard to the transfer of said license. Mr. I Eitel presentec a new managerial agreement and sublease of the premises from South Broadway Specialties, Inc. to Mr. Leibow. Mr. Eitel explained the agreement, reviewed the background of Mr. Leibow and reviewed the background of South Broadway Specialties, Inc., a Colorado corporation. City Attorney Berardini discussed the revised agreement and the ownership of South Broadway Specialties, Inc. Mr. Berardini stated that LPS Associates owns 52 per cent of the stock of South Broadway Specialties, Inc. and that Mr. Lewis P. Scifo and Mr. Thomas P. Scifo are the owners of all stock in LPS. Mr. Ted Smith, attorney, representing South Broadway Specialties, Inc., appeared before City Council in regard to the proposed transfer of the Brookridge Pizza Oven, Inc. liquor license. COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED TRANSFER OF THE LIQUOR LICENSE HELD BY BPOOKRIDGE PIZZA OVEN, INC. TO MR. SAUL LEIBOW BE REMOVED FROM THE TABLE. 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. COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED, THAT THE ENGLEWOOD CITY COUNCIL APPROVE THE TRANSFER OF THE BROOKRIDGE PIZZA OVEN INC.'S LIQUOR LICENSE TO MR. SAUL LEIBOW, SAID APPROVAL BEING REVOCABLE IF A SATISFACTORY FBI REPORT ON ALL STOCKHOLDERS OF LPS ASSOCIATES WHO HOLD OVER TEN PER CENT OF THE STOCK IS NOT RECEIVED. Upon the call of the roll, the vote resulted as follows: I I I I I January 5, 1970 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Senti, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mr. Jerry Sturm, 3184 West Edgemore Drive, appeared before City Council in regard to the approved but unisaued liquor license of the proposed Peanut Barrel, 3535 South Huron. Mr. Sturm stated to City Council members that he had been unable' to pursue the developnent of the Peanut Barrel license as he had been out of town in the fall playing football with the New Orlean Saints and Mr. Nomina who was going to develop the license with Mr. Sturm had been cut from his team. Mr. Sturm stated that he would post a performance bond payable to the city of Englewood within ninety days should he fail to develop the license. City Council di~cussed whether or not the liquor license authorization should be lapsed due to the failure to develop the Peanut Barrel. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE LIQUOR LICENSE APPROVED FOR THE PEANUT BARREL BE ISSUED BEFORE APRIL 6, 1970 OR THE APPROVAL OF THE LICENSE WOULD BE I>PSED BY THE ENGLEWOOD CITY COUNCIL. 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 December 2, 1969 were received for the record. * * * * * * The minutes of the Storm Drainage Conanittee meetings of December 12 and 18, 1969 were received for the record. * * * * * * A report regarding final costs and a schedule for completion of Sidewalk Improvement District No. 69 was received for the record. * * * * * * Final assessment data on Paving District No. 18 was received for the record. * * * * * * A letter from the Department of Housing and Urban Development regarding the refusal of said department to provide Federal aid for the development of a water source of supply on the Western Slope was received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 1, SERIES OF 1970 AN ORDINANCE APPROVING AND RATIFYING CERTAIN AGREEMENTS RELATING TO A WATER RIGHTS DEVELOPMENT PROGRAM BETWEEN THE CITY OF ENGLEWOOD, THE CITY AND COUNTY OF DENVER, AND AMERICAN METAL CLIMAX, INC., AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 1, SERIES OF 1970 BE PASSED ON FINAL READING AS AN EMERGENCY ORDINANCE AND ORDERED PUB- LISHED 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. * * * * * * 573 574 , January 5, 1970 BY AUTHORITY ORDINANCE NO. 2, SERIES OF 1970 AN ORDINANCE AMENDING SECTION 6.7-22, "SICK LEAVE" OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, GRANTING ADDITIONAL SICK LEAVE BENEFITS TO REGULAR EMPLOYEES OF SAID CITY AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT ORDINANCE NO. 2, SERIES OF 1970 BE PASSED ON FINAL READING AS AN EMERGENCY AND 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 indicated that a number of legal decisions affecting the City of Englewood had been received and that he wished to review these with City Council at an informal session. A study session for January 26, 1970 was established. * * * * * * I City Manager Dial presented the estimates for Paving District No. 19 and I a list of proposed streets. Mr. Dial indicated that in all years prior to 1969, fiscal agent services had been obtained from a Colorado bond house. However, in 1969 due to the high bids received and the lack of competition in the bids, fiscal agent services had been accomplished by the Department of Finance. Mr. Dial indicated that the Department of Finance would again perform this function for Paving District No. 19. It was the consensus of City Council that a review and decision of the streets to be included in Paving District No. 19 be reached at the January 26, 1970 study session. City Manager Dial indicated that right of way acquisition would be necessary upon two streets proposed for Paving District No. 19. Mr. Dial briefly reviewed the right of way required. * * * * * * City Manager Dial indicated that a public hearing by the Colorado Department of Highways would be held on January 7, 1970 concerning the proposed alignment of Interstate 470. Mr. Dial discussed the various alternate routes which would go by the McLellan Reservoir property. Mr. Dial stated that it was his recommendation to Council that the City Council recommend the I470 alignment which would parallel the south shoreline of McLellan Reservoir. It was the consensus of Council that this recommendation be accepted. * * * * * * City Manager Dial stated that Mr. Lyon, Director of Finance, had requested that Mr. Hugo T. Ruggiero, Purchasing Agent, be allowed to attend a Purchasing Manage- ment Seminar in Tempe, Arizona from February 15 to 20, 1970. Mr. Dial indicated that the cost of the Seminar would not exceed $500. COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT THE OUT-OF-STATE TRIP OF MR. HUGO T. RUGGIERO, PURCHASING AGENT, TO ATTEND THE PURCHASING MANAGEMENT SEMINAR IN TEMPE, ARIZONA FROM FEBRUARY 15 TO 20, 1970 BE APPROVED AND THAT THE COST OF SAID TRIP NOT EXCEED $500. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Senti, Schwab. Nays: Councilman Lay. Absent: None. The Mayor declared the motion carried. * * * * * * City Council discussed the enlargement of the Bus Committee by one member. After discussion, Councilman Senti was appointed as a third City Council member of the Bus Connittee. * * * * * * City Manager Dial indicated that a dinner honoring former City Attorney John A. Criswell would be held on January 7, 1970 at Columbine Country Club at 6:30 P.M. * * * * * * I I I I I I January 5, 1970 city Manager Dial indicated that the projected year ending balance in the General Fund had been $77,000 and that the actual balance was in excess of $101,000. * * * * * * Mayor Schwab indicated that the City Council resolution concerning the construction of the Mount Carbon and Chatfield Dams had been received by Colorado Senators and Representatives. * * * * * * Councilman Dhority wondered why the automatic renewal of liquor licenses could not be accomplished without the involvement of City Council if there were no police problems with the outlets during the year. * * * * * * Councilman Brown discussed his negative vote on the appointment of the Englewood Herald as the official City newspaper and inquired of City Attorney Berardini whether the City of Englewood could have two official newspapers. * * * * * * Mayor Schwab inquired as to what would be required to change the term of office of the Mayor from two years to one year. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOURNED. 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 adjourned at 11:31 P.M. 575