HomeMy WebLinkAbout1966-12-19 (Regular) Meeting Minutes420
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REGULAR MEETING:
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
DECEMBER 19, 1966
The City Council of the City of Englewood, Arapahoe County, Colorado, met in
reqular session on Monday, December 11, 1966, in the Council Chambers, City Hall,
Englewood , at the hour of 8:00 P.M.
Mayor Allen presiding called the meeting to order and the invocation was
gi •r en by the Reverend Barry Kimbrough of the Englewood Methodist Church.
The Mayor asked for roll call. Upon the call of the roll, the following ·· · ·
persons were present:
Councilmen Fullerton, Hanson, Kreiling, Ludwig, Rice, Allen.
Also Present: City Manager Dail,
City Attorney Criswell,
Acting City Clerk Malone.
Absent: Councilman Parkinson.
The Mayor declared a quorum present.
The Mayor recognized the following "Special Citizen Invitees• and welcomed
them to the Council meeting:
Mr. and Mrs. Thomas H. Rees, 2701 South Lincoln Street,
Mr. E. W. Nelson, 3355 South Lafayette Street.
Minutes of the Parks and Recreation Commission meeting of December 8, 1966,
were recei v ed for the record together with memorandum recommending that the
Lease Agreement cov ering the property at Englewood Belleview Park, on which the
Englewood Lions Club has erected and constructed a miniature railroad train, be
aT;>proved.
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE RECOMMENDATION
BE APPROVED CONTINGENT UPON APPROVAL OF THE WATER BOARD. Upon the call of the
roll .the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Rice, Allen.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
The City Attorney informed Council that a bill for an ordinance providing
for veteran's preference to those people serving in the armed forces of the
country during the Vietnam conflict, was held up due to an Attorney General's
opinion which may effect the validity of an ordinance passed by the City. The
City Attorney stated that he will report back to Council as soon as he has had
time to study the matter.
The City Attorney presented a memorandum regarding the Reffel condemnation
on two parcels of land in Paving District No. 16, and informed Council that a
request would be made for the court to reconsider the award in light of an
existing easement and, if necessary, would be appealed. The Council concurred.
The City Attorney presented a progress report on park land acquisition.
The City Attorney informed the Council that all parties concerned were in
agreement on the opening of the connector street between South Elati and South
Cherokee Circle. He discussed the details of the necessary amendment to the
City Hall lease and the easement for the J:Q&dway and stated that neither in-
strument placed any financial obligation on the City.
COUNCILMAN RICE MOVED, COUNCILMAN KREILING SECONDED, THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO EXECUTE AMMENDMENT TO LEASE AND EASEMENT AGREEMENT
REGARDING THE OPENING OF ELATI-SOUTH CHEROKEE CIRCLE. Upon the call of the
roll . the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Rice, Allen.
Nays: None.
Absent: councilman Parkinson.
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Minutes of December 19 , 1966
The Mayor declared the motion carried.
Discussion was held in regard to a possible Bottle Club in Englewood at 4165
South Broadway.
Introduced as a bill by Councilman Ludwig.
A BILL
AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD
REQUIRING THE LICENSING OF PARTIES OPERATING OR MAINTAINING ANY ROOM FOR THE PURPOSE
OF RECREATIONAL , AMUSEMENT OR SOCIAL ACTIVITIES.
WHEREAS , there exists an urgent and pressing need for the regulation of infor-
mal , recreational or social clubs which admit persons to membership upon the pay-
ment of a fee or other thing of value and which are not otherwise re9ulated or
inspected and
WHEREAS, the operation of such clubs and groups can, if unregulated, lead to
many abuses, and possible breaches of the peace, and
WHEREAS, by reason of the foregoing there exists an emergency,
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORAD:
Section 1. Chapter 17 of the Municipal Code of the City of Englewood is here-
by amended by the addition of a new section 14, which shall read as follows:
I 17.14 Regulation of Social Clubs.
I 17.14-1 License Required.
It shall be unlawful for any person, corporation, partnership or association,
acting for himself or itself, or acting for any other persons, to engage in,
ope r ate . carry on , maintain or conduct, or cause to be engaged in, operated,
carried on , conducted or maintained in the City of Englewood, any room to which
any person , as an individual or as a member of any organization whatsoever, may
resort or attend for the purpose of amusement, recreational, or social activities
of any kind or description, and for the privilege of engaging in, or during the
course of participation in, such activities, any money or thing of value, or any
check or counter in lieu of money shall be paid to or received by the person,
corporation, partne r ship or association operating, carrying on, conducting or
maintaining said room or where memberships are sold for anything of value for the
pri rilege of engaging in such activities, or where any monetary benefits derived
from such activities inures to any individual, shareholder, member or organization,
without first having been granted a license so to do by the City Clerk-Treasurer.
Each application for such license shall be accompanied by an application fee in
the amount of ten dollars ($10.00): provided, however, that no application fee
shall be required on application for renewal of an existing license. Any change
of ownership shall require a new application and license, with payment of fees
therefor.
I 17.14-2 License Fee.
The annual license fee to be charged for such license shall be three
hundred dollars ($300.00) per annum.
I 17.14-3 Requirements of Building or Premises.
No license as required herein shall be issued or granted to any person
operating or maintaining any room in any building or premises which has more than
one door to be unlocked to gain admission: which has an entrance equipped with a
transparent mirror or controlled lighting so that persons inside the said premises
can see outside, but persons outside the said premises cannot see inside: or
which has any kind of a buzzer system or signal system which can be used to warn
or give warning of the approach of any police officer to any person or persons
in or about such premises.
I 17 14-4 Application for License.
Applications for licenses as required by the provisions of this article
shall be made on forms prepared and furnished by the City Clerk-Treasurer. The
applicant shall file with the application a building plan of the premises to be
licensed with all the points of ingress and egress clearly marked thereon. Each
application shall be verified by the oath or affirmation of such person or
persons as the City Clerk-Treasurer may prescribe.
I 17.14-5 Persons Prohibited as Licensees.
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Minutes of December 19, 1966
No license provided by this article shall be issued to or held by:
(a) Any person until the annual fee therefor has been paid.
(b) Any person who is not a citizen of the United States of America.
(c) Any person who has been convicted of a felony or of any violation of any
liquor law in any federal court or state court or of any violation of any law
concerning gambling or narcotics in any federal, state, or municipal court, within
ten years prior to the date on which his application for license is made.
(d) Any firm, corporation, association, or organization, any of whose officers,
directors , or managers have been convicted of any offense contained in the pre-
ceeding subsection.
I 17.14-6 Inspection of Premises.
Before granting any license for which application has been made, the Chief of
Police . or a designated police officer, shall visit and inspect tne premises where
the applicant proposes to operate. After obtaining such license, the licensee
shall permit inspection of the premises at all reasonable times by any police
officer of the City of Englewood, and such officers shall have the authorit.y to
enter the premises at all reasonable times with or without a search warrant.
I 17.14-7 Non-Transferable.
No license issued under the terms of this article shall be transferable from
one person to another, or from one place to another other than the address or
person originally licensed by the City Clerk-Treasurer.
I 17.14-8 Records to Be Kept.
All licensees shall keep an accurate set of books showing the income and
expenditures of or for such amusement, recreational or social activities engaged
in, operated, conducted, carried on or maintained on the licensed premises, and
such books shall be open to inspection by the City Clerk-Treasurer, his authorized
representative or any police officer at all reasonable hours. If a licensee
shall sell or issue memberships, a list shall be kept current of the names and
addresses of all such members and this list shall be subject to inspection in the
same manner as the books of such licensee.
I 17.14-9 Revocation of License; Notice and Hearing.
The license provided for in this I 17.14 shall be subject to revocation or
suspension if it is first found by the City Council of the city of Englewood,
after a public hearing, that the licensee, or any employee thereof, is violating,
or is permitting the v iolation of, any ordinance of the City of Englewood or any
State or Federal law , whether said violation is committed by any licensee, or
employee thereof . or by any person resorting to or attending said room for the
purpose of recreational, amusement or social activities carried on in said room.
At any time when it may come to the attention of the City Council of the City
of Englewood from any source of the possible violation of any such ordinance or
statute . Council shall provide written notice to the licensee, which notice shall
be served by certified mail at the address given upon licensee's application not
less than sev en (7) days prior to the public hearing thereon, which shall notify
the licensee of the general grounds for the contemplated revocation or suspension,
the date set for the public hearing thereon and of the licensee's right to he
heard at such public hearing.
117.14-10 Exceptions.
This article shall not apply to the following persons or organizations:
(a) Organizations which can show proof to the City Clerk-Treasurer by a
letter of "ruling and determination" issued by the Internal Revenue Bureau of the
United States Government that such organization is exempt from Federal income tax-
ation as a nonprofit corporation, organization, association, or society.
(b) Any person or organization which is licensed to sell malt, vinous or
spiritous liquors, or fermented malt beverages.
(c) Any recreational, social, or amusement enterprise, or facilities, which
are operated by a municipal, state, or federal governmental body.
I 17.14-11 Violations .
The operation of any room described in I 17.14-1 hereof, without complying
with the provisions of I 17 of this Municipal Code, is hereby declared to be a
public nuisance and, in addition to subjecting any person violating the provisions
of this section to prosecution for a violation of a municipal ordinance and to the
penalties prescribed in Chapter 27 thereof, may be enjoined as such in any court
of competent jurisdiction.
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Minutes of December 19, 1966
Section 2. By reason of the matters set forth above, Council hereby declares that
an emergency exists necessitating the passage of this ordinance in order to preserve
the health, safety and welfare of the inhabitants of the City of Englewood and this
ordinance, therefore , shall take effect immediately upon final passage.
Introduced, read in full, amended and unanimously approved as amended by a
quorum present at the regular meeting of City Council of the City of Englewood,
Colorado held on Monday, the 19th day of December, 1966.
Passed on final reading by the City Council of the City of Englewood at a special
meeting of City council held on Tuesday, the 20th day of December, 1966 and ordered
published as Ordinance No. 24, Series of 1966, in the Englewood Herald and Enterprise.
ATTEST:
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I, Stephen A. Lyon , City Clerk-Treasurer of the City of Englewood, County of
Arapahoe , State of Colorado, do hereby certify that the above and foregoing Bill
for .an Ordinance was introduced, read, amended, and unanimously approved as amended
by a quorum present at a regular meeting of the City Council held on the 19th day
of December. A.O., 1966, and the above ordinance was approved, adopted and ordered
~ublished in the Englewood Herald and Enterprise by the City Council at a special
meeting held on the 20th day of December, A.D , 1966 as Ordinance No. 24, Series
of 1966 . of said City.
ATTEST:
COUNCILMAN LUDWIG MOVED, COUNCILMAN !<REILING SECONDED, THAT THE PROPOSED BILL
BE PASSED ON FIRST READING AS AMENDED. Upon the call of the roll, the vote resulted
as follows:
Ayes: councilmen Fullerton, Hanson, Kreiling, Ludwig, Rice·, Allen.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
COUNCILMAN LUDWIG MOVED, COUNCILMAN KREILING SECONDED, THAT THE PROPOSED BILL
BE PASSED ON FIRST READING AS AMENDED. Upon the call of the roll, the vote resulted
as follows:
Ayes: councilmen Fullerton, Hanson, Kreiling, Ludwig, Rice, Allen.
Nays: None.
Absent: Councilman Parkinson.
The Ma y or declared the motion carried.
A memorandum was received from the Director of Finance regarding the additional
y ear-end transfers and appropriations.
CERTIFICATE
I , Stephen A. Lyon, Director of Finance of the City of Englewood, County of Arapahoe,
State of Colorado, do hereby certify the following:
(1) That there is an unencumbered and Unappropriated surplus in the Public
Improvement Fund of $12,722.20 (Thirteen thousand, seven hundred twenty
two dollard and 20/lOOs) which is available for appropriation or transfer
as set forth in Section 93 of the City Charter of the City of Englewood.
(2) That there is an unencumbered cumulative balance in the Storm Sewer
Appropriation of the Public Improvement Fund of $105,872.72 (One hundred
five thousand eight hundred and seventy two dollars and 72/lOOs).
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Director of Finance
(SEAL)
December 16, 1966
424
Minutes of December 19, 1966
RESOLUTION
WHEREAS, it has been deemed necessary by the City council of the City of Englewood,
Colorado that certain appropriations be decreased and certain other appropriations
be increased in the Public Improvement Fund, and,
WHEREAS, the Director of Finance has certified that there is an unappropriated
and unencumbered cash surplus of $13,722.20 (Thirteen thousand, seven hundred
twenty two dollars and 20/lOOs) and that there is an unencumbered cumulative Storm
Sewer appropriation of $105,872.72 (One hundred five thousand, eight hundred
seventy two dollars and 72/lOOs) in said Public Improvement Fund, and,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO,
Section 1 That the following appropriations and accounts in the Public
Improvement Fund be increased in the amounts set forth:
(a) Paving Districts -
(b) West Union Bridge -
(c) Norgren Building Remodling -
$65,000.00
$15,635.24
$ 28.93
Section 2 That the following appropriations and accounts in the Public Improv-
ement Fund be decreased in the amounts set forth:
(a) Unappropriated Cash Surplus -
(b) Storm Drainage -
$13,722.20
$66,941.97
Section 3 That the Director of Finance is hereby authorized and directed to
revise the City of Englewoods' financial records accordingly before
closing said records for the fiscal year 1966.
ADOPTED AND APPROVED this 19th day of December, 1966.
Atteat ~~,f
City Clerk ?c,.. > C3 Mayor
COUNCILMAN RICE, MOVED, COUNCILMAN HANSON SECONDED, THAT THE ABOVE RESOLUTION
BE ADOPTED AND APPRO VED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmar, Fullerton, Hanson, Kreiling, Ludwig, Rice, Allen.
Nays: None.
Absent: Councilman Parkinson.
The Mayor declared the motion carried.
eERTIFICATE
I . Stephen A . Lyon, Director of Finance, of the City of Englewood, County of
Ar apahoe . State of Colorado, do hereby certify theEe is an unencumbered and un-
appropriated balance in the General Fund of $1,250.00 (One thousand, two hundred
fifty dollars and no l lOOs) which is available for appropriation or transfer as
set forth in Section 93, Municipal Charter.
(SEAL)
Dated: December 16 , 1966
RESOLUTION
WHEREAS, it has been deemed necessary and expedient during the fiscal year of
1966, to expend from the Police Department $1,250.00 (One thousand two hundred
fifty and no/lOO's dollars) in excess of the original amount budgeted therefor, and,
WHEREAS, the Director of Finance has certified that there is an unappropriated
cash surplus in the General Fund of $1,250.00 (One thousand two hundred fifty
dollars and no/lOO's).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO: .
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Minutes of December 19, 1966.
Section 1 That the following 1966 budget accounts in the Geaeral Fund be revised
and increased or decreased by the amounts set forth:
TRANSFER OF APPROPRIATION TO
Police Department -Program 710 $1,250.00
TRANSFER OF APPROPRIATION FROM
Unappropriated Surplus $1,250.00
Section 2 That the Director of Finance is hereby authorized and directed to
revise the City's financial records accordingly before closing such records for the
fiscal year 1966.
ADOPTED AND APPROVED this 19th day of December,1966.
Attest: c!A1/~ /
City Clerk /!r
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE ABOVE RESOLUTION
BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilman Fullerton, Hanson, Kreiling, Ludwig, Rice, Allen.
Nays: None.
Absent: councilman Parkinson.
The Mayor declared the motion carried.
The City Manager reported on the proposed construction of South Cherokee Street
from Highway 70 north to Floyd Avenue. He stated that the necessary easement
agreement has been obtained and that a bid for construction has been awarded to
Peter Kiewit and Company in the amount of $2,489.00. Completion date is to be
January 3, 1967.
Councilman Parkinson entered and took his seat with the Council at 9:55 P.M.
COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT A PLAQUE FROM FIRST
NATIONAL BANK OF ENGLEWOOD FOR THE COMMUNITY CHRISTMAS TREE IN FROllT OF CITY HALL BE
APPROVED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The City Manager presented a request from TACT (Truth About Civil Turmoil)
for use of the community Room in February, 1967. It was the consensus of opinion
that this group was not substantially comprised of Englewood people .and, therefore,
the City Manager should inform that they could not use the facilities. ·
.
The City Manager reviewed briefly the Colorado Municipal ·League Budget for 1966,
transmitted previously to members of the Council.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT PAYMENT OF DUES
TO THE COLORADO MUNICIPAL LEAGUE FOR THE YEAR 1967, IN THE AMOUNT OF $2,330.70 BE
APPROVED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Parkinson, Rice, Allen.
Nays: Councilman Kreiling.
Absent: None.
The Mayor declared the motion carried.
The City Manager presented a special assessment from the Inter County Regional
Planning Camnission in the amount of $917.50. In a memorandum from Dorothy Romans,
Planning Director, it was stated that the Planning and Zoning Contnission recomended
this expenditure.
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Minutes of December 19, 1966.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT PAYMENT OF THE
ASSESSMENT OF $917.50 TO THE INTER COUNTY REGIONAL PLANNING COMMISSION BE APPROVED.
Upon the call of the roll, the vote resulted as follows:
Ayes: councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The City Manager informed the Council that he would be out of town from December
22, 1966, through December 27, 1966. * See bottom of page.
COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MEETING BE
ADJOURNED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the meeting adjourned at 11:04 P. M.
D. Malone, Jr.
Clerk of the
* COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY MANAGER'S
REPORT FOR THE MONTH OF NOVEMBER, 1966, BE ACCEPTED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The minutes of the meeting of the City Council of the City of Englewood,
Colorado, held on the 19th day of December, 1966, stand approved as written
this 3rd day of January, 1966.
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