HomeMy WebLinkAbout1967-03-06 (Regular) Meeting MinutesI
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REGULAR MEETING :
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
MARCH 6, 1967
The City council of the City of Englewood, Arapahoe County, Colorado met in
regular session on Monday, March 6, 1967, in the Council Chambers, City Hall,
Englewood at the hour of 8:05 P.M.
Mayor Allen presiding called the meeting to order and the invocation was
given by Reverend Bill Riley of the Calvary Baptist Church.
The Mayor asked for roll call. Upon the call of the roll, the following
persons were present:
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councilmen Rice, Ludwig, Hanson, ~ullerton, Allen
Also Present: City Manager Dial
Assistant City Manager Malone
City Attorney Criswell
City Clerk Lyon
Absen t : Councilmen Parkinson, Kreiling
The Mayor declared a quorum present.
The Mayor recognized the following "Special Citizen Invitee" and welcomed
him to the council Meeting:
Mr. M. D. Bezler, 4585 South Elati Street
COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY COUNCIL
MINUTES OF FEBRUARY 6, 1967, AND FEBRUARY 20, 1967 MEETINGS BE ADOPTED AND
APPROVED AS READ. Upon the call of the roll, the vote resulted es follows:
Ayes: Councilmen Rice, Ludwig, Hanson,Fullerton, Allen
Nays: None
Absent : councilmen ParkinDn, Kreiling
The Mayor declared the motion carried.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT COUNCILMAN
HANSON'S MOTION BE AMENDED TO STATE THAT THE MINUTES OF FEBRUARY 6, 1967 COUNCIL
MEETING WERE APPROVED WITH THE FOLLOWING CORRECTIONS: (a) THAT THE MINUTES RE-
FLECT THAT COUNCILMAN LUDWIG HAD STATED THAT HE FELT INSITUTION OF A TWO-WAY TRAFFIC
PATTERN IN THE 3400 BLOCK OF SOUTH ACOMA WOULD HELP CORRECT THE PROBLEM CAUSED
THESE MERCHANTS BY THE DENIAL OF LEFT TURNS ON STATE HIGHWAY NO. 70 AND SOUTH
BANNOCK STREET, AND (b) THAT THE REPORT OF MAYOR ALLEN CONCERNING A MEETING WITH
THE ARAPAHOE COUNTY COMMISSIONERS BE CORRECTED TO REFLECT THAT THE SUBJECT OF THE
MEETING WAS CONSTRUCTION OF A CROSSING AT UNION STREET, RATHER THAN A BRIDGE. Upon
the call t>f the roll, the vote resulted as follows:
Ayes: councilmen Rice, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilmen Parkinson, Kreiling
The Mayor declared the motion carried.
Mr. Harold Rust, Manager of the Englewood office of the Public Service Company
appeared before the City Council and presented the City with a franchise payment
totaling $31,920.
Mr. Bob Grabert of the Downtown Business Builders appeared before Council
requesting that the 3400 block of South Broadway be closed for holding a carnival
on July 12, 1967 through July 15, 1967. Mr. Grabert said that this carnival would
be held in connection with Old Fashioned Bargain Days.
Councilman Park:nson entered the council Chambers and took his seat at 8:15 P.M.
Mayor Allen inquired of Mr. Grabert whether a plan had been formulated to keep
the carnival area clean and to provide a fire lane.
Mr. Grabert stated that his group would provide a fire lane and would also keep
the area free from trash and debris. Discussion ensued.
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COUNCILMAN HANSON MOVED, COUNC~LMAN PARKINSON SECONDED, THAT THE CITY OF ENGLE-
WOOD GRANT MR. GRABERT'S REQUEST FOR USAGE OF THE 3400 BLOCK OF SOUTH BROADWAY
FOR A CARNIVAL TO BE HELD FROM JULY 12 TO JULY lSTH IN CONNECTION WITH OLD FASHIONED
BARGAIN DAYS. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Parkinson, Rice, Ludwig, Hanson, Fullerton, Allen ·
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
Mr. Edward T. Cartwright, owner of Cartwright's Et Cetra, Inc., and Mr.
Richard Graham, attorney representing Mr. Cartwright, appeared before the City
Council to make application for a three-way liquor license for a restaurant to
be located at 3517 South Elati Street.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY COUNCIL
ACCEPT THE APPLICATION OF MR. CARTWRIGHT OF CARTWRIGHT'S ET CETRA, INC. AND THAT
THE DATE OF PUBLIC HEARING BE SET FOR APRIL 17, 1967, AT 8:00 P.M. IN THE CITY
COUNCIL CHAMBERS. Upon the call of the roll, the vote resulted as follows:
Ayes: councilmen Rice, Parkinson, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
Abstained: Councilman Ludwig
The Mayor declared the motion carried.
The Minutes of the Water and Sewer Advisory Board meeting of February 21, 1967
with two memoranda attached were reca.ived for the record.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE CITY OF ENGLEWOOD
CITY COUNCIL ACCEPT THE RECOMMENDATION OF THE WATER AND SEWER BOARD CONCERNING A
WATER SERVICE CONTRACT FOR THE AMERICAN COLEMAN COMPANY AND THE G.A.Z.B. CORPORATION
AND ALSO ACCEPT THE RECOMMENDATION CONTAINED IN THE SECOND MEMORANDUM FROM SAID
BOARD FOR ADDITIONAL LANDS BEING INCLUDED WITHIN THE SOUTHGATE SANITATION DISTRICT
BY SUPPLEMENTAL AGREEMENT NO. 13, AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED
TO SIGN THE APPROPRIATE DOCUMENTS NECESSARY TO EFFECT THE RECOMMENDATIONS.
Mr. Dick Eason, attorney representing the American Colemen Company and the
G.A.Z.B. Corporation, appeared before the City Council in regard to the first
memorandum from the Water and Sewer Board. Mr. Eason stated that his clients
were interested in obtaining fire protection for their properties. Mr. Eason
discussed an opinion by Mr. Shivers, attorney for the Water and Sewer }dvisory
Board, concerning the provision of fire protection to the American C~leman Company
and the G.A.Z.B. Corporation.
COUNCILMAN FULLERTON STATED THAT HE WISHED TO AMEND THAT PART OF HIS 1 MOTION
CONCERNING WATER SERVICE TO THE G.A.Z.B. CORPORATION AND THE AMERICAN COLEMAN
COMPANY TO ALLOW FOR THE CITY TO PROVIDE WATER TO SAID FIRMS STRICTLY FOR FIRE
PROTECTION, NOT FOR REGULAR WATER SERVICE. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
The Minutes of the Public Library Board Meeting of February 7, 1967, were
received for the record.
The Minutes of the Board of Adjustment and Appeals Meeting of February 8,
1967, were received for the record.
The Minutes_ of the Parks·•· Recreation Commission Meeting of February 23, 1967,
were received for the record.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MINUTES OF
THE PUBLIC LIBRARY BOARD MEETING OF FEBRUARY 7, 1967, THE MINUTES OF THE BOARD OF
ADJUSTMENT AND APPEALS MEETING OF FEBRUAR~ 8, 1967, AND THE MINUTES OF THE PARKS
AND RECREATION COMMISSION MEETING OF FEBRUARY 23, 1967 BE OFFICIALLY RECEIVED
FOR THE RECORD BY THE CITY COUNCIL. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hansal, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
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Minutes of March 6, 1967
City Attorney Criswell reported to the City Council in regard to the Reffel
condemnation in the 1800 and 1900 blocks of West Yale for Paving District No. 16.
Mr. Criswell stated that in this condemnation suit the court had given a ruling which
was not in favor of the City of Englewood. Mr. Criswell stated that he had re-
quested a new trial on two occassions and on both occasions the Court had refused.
As the present judgement called for theCity of Englewood to pay over $10,000, Mr.
Criswell r ~quested authority to appeal the Court's ruling to the Colorado Supreme
Court.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY
ATTORNEY BE INSTRUCTED TO INSTITUTE AN APPEAL ON THE COURT RULING IN THE REFFEL
CONDEMNATION. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
City Attorney Criswell reported on the Rouse property located at the Dartmouth
Park site. Mr. Criswell said that there was approximately $50,000 difference be-
tween the City of Englewood's highest offer of approximately $100,000 and the price
the property owner stated he would accept. Mr. Criswell stated that in order to
acquire this property for the park it would be necessary to file eminent domain
proceedings. He f u rther recamnended ·that a specialist in eminent domain be employed
by the City to try this lawsuit.
councilman Ludwig stated that because of the high price of this parcel, he
believed the acquisition of the Rouse property should be referred back to the
Parks and Recreation Conwnission for further study.
Councilman Rice stated that the Parks and Recreation Commission is aware of
the high cost of the parcel but believes the acquisition of the Rouse property is
essential to Dartmouth Park. Discussion ensued.
COUNCILMAN PARKINSON MOVED, COUNCl.LMAN RICE SECONDED, THAT THE CITY ATTORNEY
BE DIRECTED TO PROCEED WITH THE ACQUISITION OF ALL PROPERTY IN DARTMOUTH PARK
INCLUDING THE AUTHORIZATION OF EMINENT DOMAIN PROCEEDINGS IF NECESSARY. Discussion
ensued.
COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT COUNCILMAN
PARKINSON'S MOTION BE TABLED UNTIL AFTER THE NEXT MEETING OF THE PARK AND RECREATION
COMMISSION. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Ludwig, Fullerton, Allen
Nays: councilmen Rice, Parkinson, Hanson
Absent: councilman Kreiling
The Mayor declared the motion lost because of a tied vote.
! ayor Allen inquired of City Attorney Criswell whether placing a public road
through part of the land acqu"ired would cause any problems with the present Open
Space Grant Contract with the Federal Department of Housing andUrban Devopment.
City Attorney Criswell replied that the City of j:nglewood would probably
have to reimburse the Department of Housing and Urban Development the propor-
tionate cost of the land which would be used in the public road if the road was
not of a local access nature.
THE MAYOR CALLED FOR THE ROLL ON COUNCILMAN PARKINSON'S MOTION, AND THE
VOTE RESULTED AS FOLLOWS:
Ayes: Councilmen Rice, Parkinson, Hanson ., Allen
Nays: Councilmen Ludwig, Fullerton
Absent: Councilman Kreiling
The Mayor declared the motion carried.
City Attorney Criswell reported that the hearing on the condemnation of the
Ostrousky parcel in Dartmouth Park was set for the 15th and 16th of March, 1967.
City Attorney Criswell reported that the City of Englewood had been offered
the property owned by School District No. 1 at the Bates-Logan Park site for
$28,700. Discussion ensued.
City Manager Dial stated that the City of Englewood had two appraisals which
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Minutes of March 6, 1967
averaged $27,300. He stated that the City of Englewood had offered the School
District $26,000 for the property. The School District stated it would accept
this offer if the City of Englewood would pay that property's assessment in regard
to Paving District No. 16. City Manager Dial stated that this assessment was
$2,700 ~which made the total .purchase price $28,700.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE CITY OF
ENGLEWOOD ACCEPT SCHOOL DISTRICT NO. l's OFFER TO SELL THE PROPERTY LOCATED AT
THE BATES-LOGAN PARK SITE AT A PRICE OF $28,700. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton
Nays: Mayor Allen
Absent: Councilman Kreiling
The Mayor declared the motion carried.
City Attorney Criswell presented a proposed License Agreement between the
Denver Board of Water Commissioners and the City of Englewood to allow for the
replacement and repair of a 36" culvert at the City Ditch Crossing in the 3000
block of South Pennsylvania.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MAYOR AND
CITY CLERK BE AUTHORIZED TO SIGN THE PRJPOSED LICENSE AGREEMENT BETWEEN THE CITY
OF ENGLEWOOD AND THE DENVER BOARD OF WATER COMMISSIONERS FOR THE CITY OF ENGLEWOOD
TO CONSTRUCT A 36" CULVERT AREA ACROSS CITY DITCH RIGHT-OF-WAY SITUATED IN THE
NORTHEAST ONE FOURTH OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, F~llerton, Allen
Nays: None
Absen t : councilman Kreiling
The Mayor declared the motion carried.
Introduced as a Bill by councilman Ludwig
A BILL
FOR AN ORDINANCE AMENDING SECTION 19.38 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD
TO PROVIDE THAT IT SHALL BE UNLAWFUL TO EXPOSE THE BREASTS OR LOWER TORSO IN ANY
PUBLIC PLACE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO AS FOLLOWS:
Section 1. Section 19.3-8 of the Municipal Code of the City of Englewood,
Colorado, is hereby amended to read as follows:
Ii 9. l-6 ... J ... 11\dec:ent ·Ac:tli1 JIORDs:i.Jua)lfA@AJJEJii): r r:---;· c· '1cJ , ;c ,_·:i ~ ,~o ,
It shall be unlawful:
(a) For any person to conunit any indecent, OBSCENE OR LEWD act in
any place within this City: to utter any INDECENT, OBSCENE, LEWD,
or any abusive language in the hearing of other persons: to
make any obscene gestures to or about any person publicly: OR
TO APPEAR PUBLICLY IN ANY INDECENP-, OBSCENE OR LEWD APPAREL.
(b) FOR ANY FEMALE TO APPEAR PUBLICLY WITH HER BREASTS EXPOSED TO VIEW.
(c) FOR ANY PERSON TO APPEAR PUBLICLY WITH HIS OR HER GENITALS
EXPOSED TO VIEW.
CvUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE BILL FOR AN
ORDINANCE BE PASSED ON FIRST READING AND ORBERED PUBLISHED IN FULL IN THE ENGLEWOOD
HERALD AND ENTERPRISE. Discussion ensued.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT~mHE PROPOSED
BILL BE AMENDED BY THE DELETION OF PARAGRAPHS (b) and (c) OF SECTION 1. OF THE
BILL FOR AN ORDINANCE. Further discussion ensued.
UPON THE CALL OF THE ROLL ON COUNCILMAN PARKINSON'S MOTION THE VOTE RE-
SULTED AS FOLLOWS:
Ayes: councilmen Parkinson, Hanson, Allen
Nays: councilmen Rice, Ludwig, Fullerton
Absent: councilman Kreiling
The Mayor declared the motion lost because of a tied vote.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED, THAT THE MOTION
ADOPTING THE ABOVE READ BILL FOR AN ORDINANCE BE TABLED BY THE CITY COUNCIL.
Upon the call of the roll, the vote resulted as follows:
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Minutes of March 6, 1967
Ayes: Councilmen Rice, Parkinson, Hanson, Fullerton, Allen
Nays: Councilman Ludwig
.Absent: councilman Kreiling
The Mayor declared the motion carried.
City Attorney Criswell discussed with the City Council a proposed Bill for
an Ordinance regarding licensing and regulation of public dances and skating
rinks.
Introduced as a Bill by Councilman Hanson
A BILL
FOR AN ORDINANCE .AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD
TO PROVIDE FOR THE LICENSING AND REGULATION OF PUBLIC DANCES, AND SKATING RINKS.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD,
COLORADO:
Section 1. chapter 17 of the Municipal Code of the City of Englewood is hereby
amended by the addition of a new Section 15, which shall read as follows:
117.15 Regulation of Dance Halls, Dances, and Skating Rinks
117.16-1 Definitions and Exemptions
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(a) The term "public dance hall" as used herein shall be
taken to mean any premises open to .public dancing for
gain or to which thepublic is admitted upon payment of
an admission fee, membership fee, or for a charge of
any kind, and description, or any hall or academy in
which classes in dancing are held and instructions in
dancing given for pay.
(b) The term "public dance or a public ball" as used herein
shall be taken to mean any dance where admission can be
had by the public generally with or without the payment
of _a p he,· wi-txm oie•,ibtmlllltErt:.tieip1tfi!ein,aBB; tas•diagemf
..--seDit.cati.a.i c:de Etiaki!ldln pro ~olmtl, h ah.B a.nyc..o<ltilemy diulce."'1 ich.
ojmr.Cad 'b yd edab ~elllberahip, season ticket, invitation,
or other system open or offered to the public generally.
(c) Anything to the contrary contained in subsection (a) and
(b) hereof notwithstanding, the provisions of this
ordinance shall not apply to any public dance hall public
ball sponsored, held, or conducted by:
(1) Any person, partnership or corporation holding a
license issued for the sale by the drink of malt,
vinous or spirituous liquors or of fermented malt
beverages:
(2) Any corporation exempt from the provisions of the
Internal Revenue Code as evidenced by a revenue
ruling issued by the Internal Revenue Service of the
the United States: and
(3) The state thereof, any municipality or quasi-municipal
corporation, or any department or agency.
117.15-2 License Required
(a) It shall be unlawful for any person, firm, corporation,
association or partnership to maintain any premise for use
by the public for dancing on one or more days per week with-
out obtaining a license therefor pursuant to this section.
(b) It shill be unlawful for any person, firm, corpo~ation,
association, or other organization to hold or conduct a
public dance or ball without first obtaining a permit there
for from the City Clerk as hereinafter provided, where such
public dance or ball is being held on premises not licensed
as a public dance hall.
117.15-3 Applications Applications for public dance hall licenses and
permits to hold or conduct a public dance or ball shall be made
to the City Clerk upon forms to be provided and shall be
accompanied by an application fee of $10.00.
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Minutes of March 6, 1967
I 17.15-4 Conditions for Issuance of Licenses or Permits.
No dance hall license nor any permit to conduct a public
dance or ball shall be issued unless the premises ~
d escribed in the application therefor are determined to
be in compliance with all fire building, housing and health
ordinances and regulations of the City as a result of the
inspection required by 117.15-8.
I 17.15-5 Persons Prohibited as Licensees.
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I 17.15-7
No license or permit provided by this article shall be issued
to or held by:
(a) Any person until the requisite fees have been paid.
(b) Any person who is not a citizen of the United States
of America.
(c) Any person who is under the age of twenty-one years.
(d) Any person, who, within ten (10) years prior to the date
of his application, has been convicted, in either a
federal, state or municipal court, of any felony, or of
any other crime, whether classified as a felony or mis-
demeanor, involving moral turpitude, gambling, narcotics,
sexual offenses or aggravated assault or involving a
vi't>lation of any federal, state or municipal liquor law.
(e) Any firm, corporation, association or organization: any of
whose officers, directors, or managers have been convicted·
of any offense contain.ed in the preceding subsection.
Issuance and Fee. After finding that the application and tl"e
premises meet the requirements set forth in Bl7.15-4 and 17.15-5
the City Clerk shall issue the dance hall license or permit to
conduct a public dance or ball. The fee for a dance hall license
shall be $300.00 per annum. No charge other than the application
fee as provided herein shall be ·imposed for the issuance of a
permit to hold or conduct a public dance or ball.
Non-Transferrable. No license or permit issued under the terms
of this article shall be transferrable from the licensee to any
other person, partnership,, association or corporation, or from
the premises licensed to any other prt'!ll\ises.
I 17.15-8 Inspection of Premises and Power to Vacate.
(a) Before any license or permit is granted by the City Clerk,
the premises described in the application shall be inspected
by a representative of the Police, Fire andBuilding Departments
of the City to ascertain whether the same comply with all applicable
ordinances and regulations of the City. Upon completion of said
inspection, each of said representatives shall either certify in
writing to the City Clerk that the premises comply with all such
ordinances and regulations, or, if they do not so comply, shall
deliver to the applicant a written statement setting forth the
areas of noncompliance, in which latter event, no license or
permit shall issued until such time as the applicant demonstrates
that corrective measures have been taken to bring such premises
into compliance.
(b) Receipt by an applicant of a iicense or permit issued here-
under shall be taken and deemed to be the grant by said
applicant of his, her, its or their consent for any build-
ing inspector or any fire or police officer to inspect
the premises licensed at all reasonable times, with or with-
out a search warrant. The chief of Police, or a designated
police officer shall have the power and the duty to cause
the place, hall, or room where any dance or ball is held or
given, to be vacated wherever any provisions of this code
or any ordinance with regard to public dances and public
balls is being violated or wherever any provisions of this
code or any ordinancewith regard to public dances and public
balls is being violated or wherever any indecent a~t shall
be committed, or when any disorder of a gross, violent or
vulgar character shall take place therein. Upon the Chief
of Police vacating the premises, he shall immediatelyC"'.noti-
fy the City Clerk thereof and a public hearing for suspension
or revocation before City Council, to be conducted pursuant
to the provisions of I 17.15-12 shall be scheduled not more
than fifteen (15) days thereafter.
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Minutes of March 6, 1967
~17.15-9 Hours of Closing. All public dances or balls shall be dis-
continued and all public dance halls shall be closed at or be-
fore the hour of 2:00 A.M., provided, however, that nothing
herPin shall be construed to effect any curfew provisions of
this code relative to minors.
117.15-10 Hotels and Restaurants. If any hotel where fifty (50) or more
rooms are kept for rent and where a bona fide restaurant is
operated in connection therewith, or a bona fide restaurant with
a seating capacity of one hundred (100) guests or more makes
proof of such fact to the City Clerk by affidavit together with the
signed written consent of eighty per cent (90%) of the owners of
property, or the authorized agents thereof, within a distance of
four hundred feet (400') from such hotel or restaurant, the City
Clerk may permit the public dances conducted ' therein to .continue
until the hours of 3:00 A.M. ·
Bl7.15-ll Skat ing Rinks to be Regulated by Provisions Pertaining To
Public Dance Halls. The provisions of this article concerning
public dances, public balls and public dance halls shall, in
every respect and detail, also apply to public ice and roller
skating rinks.
~17.15-12 Revocation of License; Notice and Hearing. The License pro-
vided for in this 117.15 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 violation
of this ordinance, or any ordinance of the City of Englewood or
any state or federal law, whether said violation is conunitted by
any licensee, or employee thereof, or by persons resorting to or
attending said public dance hall, or ball, or public skating rink.
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'application not less than
seven (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 be heard at such public
hearing.
117.1 5 -13 Violations. The operation of any room describ~d in Rl7.15-l
hereof, without complying with the provisions of §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 of a violation of a municipal or-
dinance and to the penalties prescribed in Chapter 27 thereof,
may be enjoined as such in any court of competent jurisdiction.
Introduced , r e ~d in full and passed on first reading by the City Council
of the City of Englewood, Colorado at its regular meeting on the 6th Day of March,
1967 , and ordered published in full in the Englewood Herald and Enterprise.
Attest:
COUNCILMAN HANSON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR
AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE 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:
Ayes: Councilmen Rice, ... Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: None
The Mayor declared the motion carried.
Minutes of March 6, 1967
Mayor Allen called a recess at 10:35 P.M.
Council reconvened at 10:47 P.M. Upon the call of the roll, the following
Councilmen were present:
Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Absent: Councilman Kreiling
RESOLUTION NO. 5, SERIES OF 1967
RESOLUTION SUPPORTING PRINCIPLE ENUNCIATED IN SECTION 23 OF HOUSE BILL
1198, BUT RECOMMENDING AN AMENDMENT THERETO ALLEVIATE INCONVENIENCE AND CON-
FUSION TO MUNICIPAL TAXPAYERS.
WHEREAS, there has been introduced before the Forty-Sixth General Assembly
of the State of Colorado a proposed legislative enactment known as House Bill
No. 1198, Section 23, of which would prohibit the registration of any motor
vehicle upon which any state or local sales or use taxes imposed upon the prior
sale of such vehicle have not been paid, and
WHEREAS, it appears to City Council of the City of Englewood, that, under
said Section 23 as presently written, a person seeking to register a motor
vehicle with the County officials, upon which there was due and owing a municipal
sales or use tax , would be required to go to the County office, where he would
be denied the right of registration, whereupon he would be required to go to the
appropriate municipal office to pay the tax and to obtain a receipt therefor and,
again, to return to the County office to finish the required registration, and
WHEREAS , it further appears to City Council thit this inconvenience to the
taxpayer could be alleviated by the simple expedient of authorizing the
appropriate County official to collect the local sales and use taxes in such
situations ,
NOW, THEREFORE, be it resolved that the City Council of the City of
Englewood does hereby announce its support of the principle of prohibiting
the registration of motor vehicles upon which there are · state or local sales
or use taxes due, but, in order to prevent what could result in a considerable
amount of inconvenience to the taxpayer, this Council earnestly recommends
that House Bill No. 1198 be amended so as to authorize, without compelling,
the collection of such taxes by the County officials designated by law to issue
annual registrations of vehicles in such instances.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to deliver
a copy of this resolution to each member of the General Assembly elected from
the county of Arapahoe, to the Chairman of the House Finance Committee, and
to each co-sponsor of said House Bill No. 1198.
ADOPTED AND APPROVED this 6th day of March, 1967.
ATTEST:
I, Stephen A . Lyon, City Clerk-Treasurer of the City c>'.£: .Englewood, do
hereby certify that the above and foregoing is a true, -a~curate and complete
copy of a resolution adopted by the City Council of the City of Englewood at
its regular meeting on Monday, March 6, 1967.
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Minutes of March 6, 1967
COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION
NO. 5, SERIES OF 1967 BE ADOPTED AND APPROVED BY THE CITY COUNCIL. Upon the
call of the roll, the vote resulted as follows:
Ayes: councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Ra ys: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
City Manager Dial requested that authorization be granted for the Personnel
Director to attend two conferences in San Francisco, Cal~~9rnia relating to
grievance procedures and labor relations. Mr. Dial stated .that the estimated
cost of this trip is $450.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE PERSONNEL
DIRECTOR BE AUTHORIZED TO ATTEND THE PERSONNEL CONFERENCES DEALING WITH
GRIEVANCE PROCEDURES AND LABOR RELATIONS BEING HELD IN SAN FRANCISCO, CALIFORNIA
FROM APRIL 28 to MAY 3, 1967. Upon the call of the roll, the vote resulted
as follows:
Ayes: councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
CERTIFICATE NO. 1, SERIES OF 1967
I , Stephen A. Lyon, Director of Finance, of the City of Englewood, county of
Arapahoe, State of Colorado, do hereby certify that there is an unappropriated
balance in the General Fund in excess of $1,800.
/s/ Stephen A. Lyon
Director of Finance
DATE: March 6, 1967
RESOLUTION NO. 6, SERIES OF 1967
WHEREAS, the City Council of the city of Englewood at its regular meeting
on February 20, 1967, did approve and authorize an Agreement between the cities
of Englewood, Littleton, and Mr. Ernest Herbertson of the Englewood-Fort Logan-
Littleton Bus Line, and,
WHEREAS, said Agreement called for the City of Englewood to provide
certain monies to the City of Littleton in return for the City of Littleton's
furnishing Mr. Herbertson of the Englewood-Fort Logan-Littleton Bus Line
certain conunodities as specified in said Agreement for the operation of said
Bus Line , and,
WHEREAS . the estimated cost of the City of Englewood's share under the
agreement for the fiscal year 1967 is $1,800, and,
WHEREAS, the Director of Finance has certified that there is an un-
appropriated surplus in the General Fund in excess of $1,800.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO:
Section 1. That the following 1967 budget accounts in
the General Pund be revised and increased
o~ ~ecreased by the amounts set forth:
TRANSFER OF APPROPRIATION TO
Finance Department -Program 410 $1,800.00
TRANSFER OF APPROPRIATION FROM
Unappropriated Surplus $1,800.00
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 1967.
465
Minutes of March 6, 1967
ADOPTED AND APPROVED this 6th day of March, 1967.
Mayor
A'l"l'EST:
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT RESOLUTION
NO. 6, SERIES OF 1967, BE ADOPTED AND APPROVED. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
City Manager Dial presented a memorandum dated February 27, 1967 con-
cerning probable costs in implementation of the proposed one-way traffic
pattern. Mr. Dial stated that an approximate $37,000 in addition to the
$40,000 appropriated for traffic signal installation in the Public
Improvement Fund would be necessary. Discussion ensued.
COUNCILMAN RICE MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE CITY
MANAGER BE DIRECTED TO PROCEED WITH THE DRAFTING OF A RESOLUTION TO TRANSFER
$37,000 FROM THE 1967 STORM DRAINAGE APPROPRIATION TO VARIOUS OTHER APPRO-
PRIATIONS IN THE PUBLIC IMPROVEMENT FUND IN ORDER THAT THE CITY MIGHT PRO-
CEED WITH THE PROJECTS OUTLINE IN MR. DIAL'S MEMORANDUM. Upon .the call
of the roll, the vote resulted as follows: ·
Ayes: Councilmen Rice, Parkinson, Ludwig, H«nson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
City Manager Dial stated that he had received a request for waiver of the
COlllllunity Roan rental fee from the South Suburban Adopted Mothers' Club for
a card party to be held on April 20, 1967 from 7:30 P.M. to 11:00 P.M. Mr.
Dial stated that the proceeds gained from this card party were to be used
for charity purposes.
COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE FEE
FOR USAGE OF COMMUNITY ROOM BY THE SOUTH SUBURBAN MOTHERS' CLUB FOR THE
CHARITY CARD PARTY TO BE HELD ON APRIL 20, 1967 BE WAIVED. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
~ r •
City Manager Dial discussed with the City Council a certain agreement
between Mr. Lee Corder and Mr. John Just, holder of the Casual Lounge Liquor
License, which had come to the City's attention. Mr. Dial swmnarized a
memorandwn from Mr. Lyon, Director of Finance, concerning the events
surrounding the agreement between Mr. Just and Mr. Corder.
City Attorney Criswell stated that if the City Council desired to hold
a public hearing on the Management Agreement between Mr. Just and Mr. Corder
to determine if an illegal transfer of license had taken place, he had pre-
pared a Resolution for · the City Council.
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Minutes of March 6, 1967
RESOLUTION NO. 7, SERIES OF 1967
RESOLUTION SETTING A HEARING ON POSSIBLE SUSPENSION OR REVOCATION
OF LICENSE HELD BY MR. JOHN JUST, DBA, CASUAL LOUNGE AND DIRECTING THE
CITY CLERK TO GIVE NOTICE THEREOF.
WHEREAS, there has come to the attention of the City council of the
City of Englewood, as the local licensing authority, that John c. Just,
dba, Casual Lounge, located at 65 West Floyd Avenue, who holds a hotel and
restaurant liquor license issued pursuant to the Statutes of the State of
Colorado, did on the 1st day of January, 1967, enter into a written
"Management Agreement" with one Lee Corder, and,
WHEREAS, there exists good cause to believe that the provisions of
said Agreement, as well as actual operation of the licensed premises
pursuant to said Agreement, constitutes an unlawful transfer of liquor
license, contrary to the provisions of the Liquor Code of the State of
Colorado.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of
Englewood, shall on Monday, the 20th day of March, 1967, at the hour of
8:00 P.M. or as soon thereafter as Council may reach the matter, conduct
a Public Hearing as to whether the said John c. Just has, by execution
of said Agreement, unlawfully transferred his hotel and restaurant liquor
license to Lee Corder, and, if so, whether the license should be suspended
or revoked.
BE IT FURTHER RESOLVED that the City Clerk be, and he is hereby authorized
and directed, to give notice of said Hearing to said licensee in the form and
manner required by 1963 C.R.S. 75-2-11.
ADOPTED AND APPROVED this 6th day of March, 1967.
ATTEST:
COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT RESOLUTION
NO. 7, SERIES OF 1967 BE ADOPTED AND APPROVED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: councilman Kreiling
The Mayor declared the motion carried.
City Manager Dial discussed the proposed activities to be held in honor
of Mr. R. George Woods, retiring Fire Chief, on April 4, 1967.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, APPROVAL OF CLAIMS,
BILLS AND INVOICES FOR THE MONTH OF FEBRUARY, 1967. Upon the call of the
roll, the vote resulted as follows:
Ayes: councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: Councilman Kreiling
The Mayor declared the motion carried.
Mr. Ken Waterstrum, 3711 South Sherman, appeared before the City Council
in regard to the proposed one-way traffic pattern. Mr. Waterstrum indicated
that he was opposed to the one-way pattern. Mr. Waterstrum stated_ that he
wished to call t h e City Council's attention to the following points:
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Minutes of March 6, 1967
(a) a petition had been submitted sometime ago in opposition to placing
Sherman Street in the one-way pattern,
(b) downtown business would not be helped by the one-way pattern,
(c) Clarkson, Logan and Downing were not being utilized by traffic
to the fullest exte~t, and
(d) the City Council had not proven that a one-way traffic pattern
was needed.
Discussion of the proposed one-way traffic pattern between Mr. Waterstrum
and members of the City Council ensued.
Mayor Allen stated that the City Council would not be considering a
one-way traffic pattern if it did not feel that this pattern was a necessity.
Councilman Fullerton inquired what is Mr. Waterstrwn's main objection
to a one-way street?
Mr. Waterstrum replied that he did not feel that one-way streets in
residential areas were proper.
Councilman Rice reported on the City Hall Purchase Committee. Mr. Rice
stated that the Committee was in favor of the purchase of the City Hall
property through a Public Building Authority. Mr. Rice stated that the next
step for the Committee would be interviewing fiscal agents. He inquired
whether the City council wished to meet as a whole and interview fiscal agents
or leave this to the Connittee. Discussion ensued. It was the concensus of
Council that the City Hall Purchase Camnittee interview possible fiscal agents.
Councilman Hanson stated that he believed there existed a problem of cats
within the area and that he felt the City of Englewood should consider the
possibility of adopting an ordinance regulating cats. Discussion ensued. It
was the concensus of Council that all cats hould be innoculated against
rabies if possible.
Councilman Ludwig stated that Dee Love, wife of former Mayor Love, had
returned home from a serious operation and he felt that the City should send
her a get well card.
Councilman Ludwig stated that he received a letter from Mrs. Tourtelot,
2791 South Ogden, expressing her support for a "Heritage" park at the Bel1eview
site and suggesting that Belleview Park should be named Stotts Park. He stated
that he would reply to Mrs. Tourtelot's suggestion.
Councilman Rice stated that although he and Councilmen Fullerton and Hanson
had been appointed by Mayor Allen to serve as a committee reviewing the possi-
bility of the sale of City property on which the present street shops are
located, Mayor Allen did not stipulate who should serve as chairman.
Mayor Allen appo i nted Councilman Rice as chairman of the committee.
Councilman Parkinson inquired about regulations concerning cats in other
area municipalities. It was the concensus of Council that the City Manager
research what was being done by other Colorado municipalities in coping with
the problems concerning cats and report back to Council.
COUNCILMAN HANSON MOVED, COUNCILMAN RICE SECONDED, THAT THE MEETING BE
ADJOURNED. U~on the call of the roll, the vote resulted as follows:
Ayes: Councilmen Rice, Parkinson, Ludwig, Hanson, Fullerton, Allen
Nays: None
Absent: -·ouncilman Kreiling
The Mayor declared the meeting adjourned at 12:14 A.M.
The minutes of the meeting of the City Council of the City of Englewood,
Colorado, held on the 6th day of March, 1967 stand approved as corrected this
20th day of April, 1967.
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