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HomeMy WebLinkAbout1970-04-06 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 6, 1970 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado met in regular session on April 6, 1970 at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Allen Strong of the First Presbyterian Church. Pledge of Allegiance was led by Mayor Schwab. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Absent: Councilmen Lone, Senti. The Mayor declared a quorum present. Also present were: City Manager Dial, City Attorney Berardini, City Clerk Lyon. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF MARCH 16, 1970 AND THE PUBLIC HEARING OF MARCH 23, 1970 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. James w. Murphy, 4252 South Delaware Street, from the list of "Special Citizen Program Invitess." * * * * * * Mr. Harold Rust, manager of the Englewood office of the Public Service Company of Colorado, appeared before City Council and presented the quarterly franchise check in the amount of $34,500 representing the first quarter franchise payment for 1970. * * * * * * Mr. Tom Eitel, attorney, 3470 South Sherman, representing South Broadway Specialties, Inc., 5180 South Broadway, appeared before City Council requesting the reissuance of the liquor license for Guespato Cristofolo Chiacchierone from Mr. Saul Leibow to South Broadway Specialties, Inc. Mr. Eitel discussed the transfer with members of City Council. COUNCILMAN KREILING MOVED, COUNCILMAN DHORITY SECONDED, THAT THE CITY COUNCIL APPROVE THE REISSUANCE OF THE LIQUOR LICENSE FOR GUESPATO CRISTOFOLO CHIACCHIERONE FROM MR. SAUL LEIBOW TO SOUTH BROADWAY SPECIALTIES, INC. SUBJECT TO THE RECEIPT OF A CLEAR FBI REPORT ON ALL MAJOR STOCKHOLDERS AND OFFICERS OF THE COMPANY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * Mr. Chalmerse A. Parker, 3996 South Grant, appeared before City Council on behalf of the Englewood Human Relations Council. Mr. Parker requested that the City of Englewood waive the custodian fees for a play to be held by the Human Relations Council April 16, 1970. Mr. Parker stated that one-half of the admissions were to go to the players and the Human Relations Council and one-half to the sellers of the tickets. 25 26 April 6, 1970 COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE REQUEST OF MR. CHALMERSE A. PARKER THAT THE CUSTODIAL FEE BE WAIVED FOR THE HUMAN RELATIONS COUNCIL PLAY ON APRIL 16, 1970 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. Mr. George Mason, chairman of the Englewood Human Relations Council, was recognized by the City Council. * * * * * * Mr. Norman Harness, 4325 South Huron, appeared before City Council representing the V.F.W. Post #322, 3860 South Jason. Mr. Harness requested approval of the City Council to circulate petitions for the proposed club liquor license of the V.F.W. eight blocks east and west and ten blocks north and south. Mr. Harness stated that he did not wish that petitions be circulated west of South Santa Fe and north of U.S. 285. It was the consensus of City Council that the request of Mr . Harness to circulate petitions for the proposed club liquor license of the V.F.~i . Post #322, 3860 South Jason be app~oved. * * * * * * Mr. M. M. Summers, 3140 South Delaware, appeared before City Council and requested the City of Englewood to pass an ordinance prohibiting the sale of 3.2 beer on Sundays. Mr. Summers stated that a similar ordinance had been upheld by the Colorado Supreme Court. * * * * * * Mr. Tod Baker, attorney, Denver U.S. National Center, representing Mr. Jerry Sturm of the Peanut Barrel, 3535 South Huron, appeared before City Council. Mr. Baker stated that Mr. Sturm had not kept with his representations concerning the April 1, 1970 opening of the Peanut Barrel restaurant and liquor outlet but that they were progressing with construction and requested Council's indulgence for 30 more days. Mr. Baker stated that Mr. Sturm had already invested $25,000 in the restaurant and was obligated to Stores Equipment Corporation in the amount of $34,000. Mr. Jerry Sturm, 3184 West Edgemore Drive, appeared before City Council and requested an additional 30 days to bring the liquor license of the Peanut Barrel into effect. Mr. Sturm stated that he would be willing to post a $5,000 performance bond. City Council discussed the action to be taken on Mr. Sturm's request. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE TIME FOR OPENING WITHOUT REVOCATION OF THE PEANUT BARREL, 3535 SOUTH HURON, LIQUOR LICENSE AUTHORIZATION BE EXTENDED TO MAY 4, 1970 WITH MR. STURM BEING REQUIRED TO POST A $5,000 SURETY BOND NO LATER THAN APRIL 10, 1970, SAID BOND TO BE FORFEITED IF THE PEANUT BARREL IS NOT OPENED ON MAY 4, 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * A memorandum dated March 27, 1970, from Mr. Kells Waggoner, Director of Public Works, to Mr. Stanley H. Dial, City Manager, regarding Paving District assess- ment protests was received for the record. * * * * * * A letter dated March 16, 1970, from Mr. Howard M. Kirschbaum, president of the Community Arts Symphony, to Mr. Stanley H. Dial, City Manager, regarding contri- butions to the Symphony with attached excerpts from minutes of Council meetings of October 7, 1968 and October 21, 1968 was received for the record and discussed. Mr. Dial indicated that the City had budgeted $1,500 for the Symphony and paid the amount. However, it was the understanding of Mr. Kirschbaum that the City would support the Symphony in the amount of $2,000 annually. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY COUNCIL ALLOCATE ANOTHER $500 TO THE COMMUNITY ARTS SYMPHONY FOR 1970 BRINGING THE TOTAL CONTRI- BUTION TO THE SYMPHONY TO $2,000. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Schwab. Nays: Councilman Kreiling. I I I I I I I I April 6, 1970 Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * A memorandum dated April 1, 1970 from the Board of Career Service Commissioners regarding a grade recommendation for the position of Ditch Rider was received for the record. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE CAREER SERVICE COMMISSION REGARDING A GRADE FOR THE POSITION OF DITCH RIDER BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * The minutes of the Planning and Zoning Conmission meetings of March 3 and March 17, 1970 were received for the record. * * * * * * The minutes of the Retirement Board meeting of March 17, 1970 were received for the record. * * * * * * The minutes of the Water and Sewer Board meeting of March 17, 1970 were received for the record. * * * * * * The minutes of the Election Commission meeting of March 26, 1970 were received for the record. * * * * * * A memorandum from Mrs. Itene Jungck to Mr. Stanley H. Dial, City Manager, regarding the use of the various rooms in the City Hall for the year 1969 was received for the record. * * * * * * A roster of council, Boards, Commissions, and other Council appointees and department heads as of April 1, 1970 was received for the record. * * * * * * City Attorney Berardini presented a proposed agreement between the cities of Englewood and Littleton and Mr. Ernest M. Herbertson regarding the acquisition from Mr. Herbertson of the Englewood-Littleton-Fort Logan Bus Line and its operation by the cities of Englewood and Littleton. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE AGREEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON AND MR. ERNEST M. HERBERTSON REGARDING THE ACQUISITION AND OPERATION OF THE ENGLEWOOD-LITTLETON-FORT LOGAN BUS LINE BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO ·ExECUTE THE DOCUMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * A memorandum dated March 19, 1970 to Mr. John Murphy, Personnel Director, from Mr. Bernard v. Berardini, City Attorney, regarding application of veterans preference points was received for the record. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PRESENT CAREER SERVICE ORDINANCE BE AMENDED TO CONFORM WITH THE COLORADO SUPREME COURT DECISION THAT VETERAN POINTS NOT BE GIVEN FOR VIETNAM AND KOREAN CONFLICTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carriee. * * * * * * 28 April 6, 1970 City Attorney Berardini gave an oral report concerning the authority of the Policemen's Pension Board to create a condition of employment. * * * * * * A report dated April 6, 1970 regarding pending litigation from City Attorney Berardini was received for the record. * * * * * * Introduced as a Bill by councilman Lay and read in full. A BILL FOR AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DISPOSAL OF WEEDS OR RUBBISH THEREFROM. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING ADN 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, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE APPLICATION OF THE SPORT BOWL, 3295 SOUTH BROADWAY, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. COUNCILMAN KREILING MOVED, COUNCILMAN LAY SECONDED, THAT THE APPLICATION OF THE SPORT BOWL, 3295 SOUTH BROADWAY, BE DENIED BASED UPON THE FACT THAT THE CITY OF ENGLEWOOD HAS AN ORDINANCE REFUSING THE ISSUANCE OF A LIQUOR LICENSE WHICH IS WITHIN 500 FEET OF A SCHOOL. Discussion ensued. COUNCILMAN BROWN MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MOTION FOR DENIAL BE AMENDED TO INCLUDE THE FACTS THAT THE SPORT BOWL IS A FAMILY PLACE WHERE SMALL CHILDREN ARE PRESENT AND THAT THE CONTROL OF SELLING 3.2 BEER TO OLDER PEOPLE ONLY MAY GET OUT OF HAND WITH SO MANY YOUNGER PEOPLE PRESENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the amendment carried. Upon the call on the amended motion, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti·. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Dhority and read in full. A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE IN PAVING DISTRICT NO. 18, 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: PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS: AND DECLARING AN EMERGENCY. COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY 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: I I I I I I I I April 6, 1970 Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 9, SERIES OF 1970 A RESOLUTION AUTHORIZING THE NOTICE OF SALE OF BONDS FOR PAVING DISTRICT NO. 19 AND THE NOTICE TO CONTRACTORS FOR CONSTRUCTION BIDS. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 9, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * City Manager Dial stated that the City of Englewood had received a $54,000 grant from the State Land and Water Conservation Fund for the development of the middle area of Englewood-Belleview Park. Mr. Dial stated that ·in order to utilize this grant that $54,000 of the City's funds must be expended. * * * * * * City Manager Dial presented a resolution on the Park Improvement Fund which carried out the financial implications of the recommendation of the Parks and Recreation Conunission approved by Council at its March 16, 1970 meeting. RESOLUTION NO. 10, SERIES OF 1970 A RESOLUTION AUTHORIZING CERTAIN TRANSACTIONS WITHIN THE PARK IMPROVEMENT FUND. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 10, SERIES OF 1970 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * City Manager Dial reported in regard to the utilization of the one-half mill credit of the County Road and Bridge Fund. Mr. Dial stated that it was his request not to utilize any of the credit for work on Clarkson due to the position of the City of Cherry Hills. Mr. Dial reconunended instead that ·the City of Englewood with the cooperation of the Cherry Hills staff prepare the worst sections of Clarkson with its own crews. Mr. Dial recommended that the City proceed with the extensive seal coating program which had been proposed at the March 16, 1970 City Council meeting and further that the City overlay Hampden from Logan to Bannock as a last priority item in the program. It was the consensus of City Council that the City Manager be authorized to proceed as recommended. * * * * * * City Manager Dial stated that April 24, 1970 would be the Student Government Day Luncheon and requested members of City Council to keep that date open. City Manager Dial stated that Student Government City Council night would be Ma y 4, 1970. * * * * * * 29 30 April 6, 1970 City Manager Dial stated that the AnnuaL Awards Banquet would be held May 13, 1970. * * * * * * City Manager Dial requested a special City Council meeting on April 13, 1970 for the awarding of bids for emergency repairs to the sewage treatment plant. It was the consensus of City Council that the meeting be held at 5:30 P.M. on April 13, 1970. * * * * * * City Manager Dial presented a memorandum from Chief Clasby requesting an additional dog catcher. Mr. Dial stated that as of April 1, 1970, $1,400 in dog license fees had been collected. It was the consensus of City Council that the City proceed with the pre- liminary recruitment of a dog catcher and that the resolution appropriating funds for an additional dog catcher be prepared for the next City Council meeting. * * * * * * City council discussed the legal means of coping with prowling cats. * * * * * * City Manager Dial presented a copy of a memorandum from Mr. E. P. Romans, Director of Parks & Recreation, concerning the use of the Groussman Building, 3537 South Broadway. Mr. Dial stated that the Groussman Building was being acquired by the Colorado Department of Highways and that it was the hope of the Parks and Recreation Department that the City make use of the structure for recreation purposes. The cost estimated to renovate the structure would be $40,000 according to the estimates obtained by the Parks and Recreation Conunission. COUNCILMAN DHORITY MOVED, COUNCILMAN BROWN SECONDED, THAT THE CITY MANAGER BE AUTHORIZED AND DIRECTED TO TAKE ALL STEPS APPROPRIATE TO INDICATE TO THE COLORADO DEPARTMENT OF HIGHWAYS THE CITY OF ENGLEWOOD'S DESIRES TO OBTAIN THE GROUSSMAN BUILDING THROUGH A LONG TERM LEASE FOR THE PURPOSE OF THE CITY'S RECREATION PROGRAM. Upon the call of the roll, the vote resulted as follows: .Ayes: councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 11, SERIES OF 1970 A RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968, THE CITY OF ENGLEWOOD PAY PLAN. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 11, SERIES OF 1970 BE ADOPTED AND APPROVED SUBJECT TO THE CONCURRENCE OF THE CAREER SERVICE COMMISSION. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. The Mayor declared the motion carried. * * * * * * City Manager Dial indicated to members of City Council that the City was scheduling a course on computers and information systems for department heads and City Council during the month of May, probably on the Saturdays of May 9 and 16, 1970. * * * * * * City Council discussed the May 5 election on the bus line and the charter amendments. * * * * * * I I I I 31 April 6, 1970 COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: None. Absent: Councilmen Lone, Senti. I I . The Mayor declared the motion carried, and the meeting adjourned at 11:01 P.M.