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HomeMy WebLinkAbout1967-05-15 (Regular) Meeting Minutes512 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO MAY 15, 1967 The City Council of the City of Englewood, Arapahoe County, Colorado met in regular session on Monday, May 15, 1967 at the hour of 8:00 P.M. Mayor Allen, presiding, called the meeting to order. Invocation was given by the Reverend Jerry Springston of the First Christian Church, 3190 South Grant, Englewood. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Also Present: City Manager Dial Absent: None Assistant City Manager Malone City Attorney Criswell City Clerk Lyon The Mayor declared a quorum present. The ·~ayor recognized the following "Special Citizen I n vi tees" and welcomed them to the Council meeting: Mr. & Mrs. Karl, Kratzer, 1150 West Stanford Drive Mr. & Mrs. David N. George, and son, Lloyd, 4796 South Kalamath. The Mayor extended a special welcome to the high school students who were serving as counterparts to the various municipal officials present at the meeting. It ·was hoted by the City Council that a member of the Englewood Jaycees was not present to request the City's participation in the Jaycees annual fireworks display, July 4, 1967, as had been scheduled on the agenda. It was also noted that representatives of the "DOER'S" Committee of the Metropolitan Stadium were not present at the meeting as scheduled on the agenda. Mr. M. M. Summers, 3140 South Delaware Street, appeared before the City Council. Mr. Summers stated that he would like to see the developnent of Dartmouth Park start inanediately. Mr. Summers also stated that he would like to see a swimming pool built there and suggested that the funds allocated for the purchase of the Rouse property at this site be used for the construction of a pool. Councilman Kreiling suggested that Mr. Summers discuss the swimming pool with the Parks and Recreation Commission. Mayor Allen stated that he felt Mr. Summer's suggestion for a pool was good, but there was no money to accomplish the construction of a pool in the foreseeable future. It was r e.oorted that the application of Mr. and Mrs. Ralph Codina for a three-way liquor license at 4155 South Broadway, had been withdrawn prior to the Council meeting. The minutes of the Planning and Zoning Commission meeting of April 19, 1967 were received for the record by the City Council. The minutes of the Board of Adjustment and Appeals meeting of April 12, 1967 were received for the record by the c .y Council. The minutes of the Parks & Recreation Commission meeting of May 4, 1967 with a memorandum reconmending that the City vacate that portion of South Pennsylvania Street contained in the Bates-Logan Park site and the portion of South Galapago Street contained in the Dartmouth Park site were received for the record by the City Council. Councilman Kreiling stated that he believed the memorandum from the Parks & Recreation Conanission should be referred back to the Planning & Zoning Conanission. It was the consensus of Council that no action be taken until the Planning & Zoning Commission's rec0111nendation on these items had been received. I I I I I I . I I Minutes of May 15, 1967 The minutes of the Election Commission meeting of May 2, 1967 were received for the record by the City Council. It was noted that within said minutes it was recommended that an ordinance be passed clarifying the boundary of Election District No. 4. City Clerk Lyon stated that the definition of the present boundary was vague in that it did not specify which intersection of West Tufts Avenue with the western City limit was the western point of beginning. Introduced as a Bill by Councilman Rice A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 14, SERIES OF 1963 TO CLARIFY THE BOUNDARY OF COUNCIL DISTRICT NO. 4 AND DECLARING AN EMERGENCY. WHEREAS, the description of the boundary of Council District No. 4 includes a reference to the point of intersection of the westerly City limit line and the center line of West Tufts Avenue: and WHEREAS, in consequence of the irregular shape of the City limits of the City of Englewood, the City limit line intersects the center line of West Tufts Avenue at two points in the western ~part of the City: and WHEREAS , for purposes of clarification and in order to elimanate possible confusion concerning the boundaries of Council iDistrict No. 4, it is necessary to describe with greater specificity the intended intersection. NOW , THEREFORE, BE IT ORBAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: (d)Council District No. 4 shall include and be comprised of all that portion of the City lying southerly and wouthwesterly of the following line: from a point of intersection of the westerly City line and the center line of West Tufts Avenue in the vicinity of South Garden Street: thence easterly along the center line of West Tufts Avenue to the center line of South Lipan Street: thence northerly along the center line of South Lipan Street from the center line of West Tufts Avenue to the center line of West Stanford Avenue: thence easterly along the center line of West Stanford Avenue from the center line of South Lipan Street to the center line of South Broadway: thence southerly along the center line of South Broadway from .the cepter line of West Stanford Avenue to the center line of East 11nlon -Avenue: thence easterly along the center line of East Union Avenue ,from the 'cen,ter' line of South Clarkson Street, the Englewood city limit line: and also including that portion of the City generally known as the Centennial Acres area which lies within the City limit line of the City of Englewood. Section 2. For the reasons hereinabove set forth, Council hereby finds that an emergency exists and that the inunediate adoption of this ordinance is necessary for the preservation of the public health, safety and welfare, by reason of which this shall become effective immediately upon its final passage. Introduced, read in full, passed on first reading and unanimously approved by a quorum present at the regular meeting of City Council of the City of Engle- wood, Colorado held on Monday, the 15th day of May, 1967, and ordered published in the Englewood Herald and Enterprise. ATTEST: COUNCILMAN RICE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 14, SERIES OF 1963, BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon th! call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. 51~1 514 Minutes of May 15, 1967 The minutes of the Sign Regulations Conunittee meeting of April 26, 1967 were received for the record by the City Council. Introduced as a Bill by Councilman Fullerton A BILL FOR AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO PROVIDE FOR OBTAINING A PERMIT AND REGULATION OF HOUSE MOVERS. WHEREAS , there is presently no requirement that those in the business of house moving obtain a moving permit in order to engage in said business: WHEREAS, there is no effective means of regulating house movers in the City of Englewood: and WHEREAS, the irregulated business of house moving can result in damage to City streets, property damage, obstruction of traffic and other abuses: and NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, as follows: Chapter 17 of the Municipal Code of the City of Englewood is hereby amended by the addition of a new Section 17, which shall read as follows: Section 17.17 Permits for Moving Buildings Section 17.17-1 Definitions As used in this ordinance, the following words and phrases shall be deemed to mean the following: (a) "House Mover" shall mean any person, firm or corporation engaged in the business of moving houses, buildings, structures, or other objects, incapable, physically or legally, of being tr a nsported within or upon a motor vehicle. (b) "Buildina" shall mean and include any building, house, structure or other ob j eat· referred to in subsection (a). (c) "Person" shall mean and include any person, firm, partnership, association, corporation or business organization of any kind. Section 17.17-2. Permit Required. No person shall move any building, over , upon, along or across any public street of the Ci~ of Englewood, without a written moving permit therefor from the Department of Planning and Traffic. Section 17.17-3. Application --Information Application for a moving permit shall be furnished by the Department of Planning & Traffic and application for moving permit shall contain, or have attached thereto, the following information: (a) Name and address of applicant (b) Location of building to be moved. (c) Location or proposed site to which building is to be moved. (d) Date &· time of proposed removal. (f) Height, width and length of building to be moved and of truck or equipnent to be used for moving said building. Section 17.17-4. Application --Certification Application shall be filed and a moving permit obtained for the moving of each separate building. Application for permits must be received in the Office of the Department of Planning and Traffic not less than three (3) days prior to the date of the proposed move. Upon application filed with the Department of Planning and Traffic, a permit shall issued, provided: (a) All legal requirements concerning operational authority imposed by the Colorado Public Utilities Conanission, or the Interstate camnerce Conanission, have been complied with by the applicant. I I I I I I I I (b) All vehicles involved have been properly licensed in accordance wi~h Colorado law or under State Reciprocity agreement. (c) The driver and owner of the vehicle to be moved both have met all financial responsibility requirements imposed by law. (d) The vehicle operator is properly licensed. (e) The applicant's proposed route and time of movement will not unduly interfere with other persons using the public streets or with the poles, lines or other equipment existing upon or over said streets. (f) The applicant presents written proof that he has obtained the permission of that governmental agency exercising jurisdiction over the proposed site to which the building is to be moved, to place the building upon said proposed site, whether the same is located within or without of the City of Englewood: if the proposed site is within the City of Englewood, the applicant must obtain a permit as re- quired in Chapter 13-11-8 of the Municipal Code. (g) All permit fees and deposits have been made by the applicant. Section 17.17-5. Permits --Contents Permits shall specify the date and time on which the proposed removal may be accomplished ans shall also specify the route to be taken in connection with such removal. The house mover shall keep the permit in the vehicle during the progress of the movement and shall show said permit, on demand, to any police officer or other authorized agent of the City. Section 17.17-6. Fee Every application shall be accompanied by an application filing fee of $20.60 which shall be refunded only if the: moving permit is ultimately denied. Section 17.17-7. Classification For the purpose of Section 17.17-e of this ordinance, buildings to be moved shall be classified as follows: Class A. Any building which, when loaded on a motor truck, vehicle, or trailer does not exceed 14 feet in height or 14 feet in width. Class B. Any building which, when loaded on a motor truck, vehicle, or trailer is more than 14 feet in height but does not exceed 15 feet in height or 20 feet in width. Class c. Any building which, when loaded on a motor truck, vehicle, or trailer, is more than 15 feet in height but does not exceed 18 feet in height and 28 feet in width. Class D. Any building which, when loaded on a motor truck, vehicle, or trailer, is more than 18 feet in height, but does not exceed 22 feet in height or 36 feet in width. Class E. Any building which, when loaded on a motor truck, vehicle, or trailer, exceeds 22 feet in height or 36 feet in width. Section 17.17-8. Deposit (a) Every applicant before being granted a permit shall in addition to paying the filing fee required in Section 17.17-6, deposit with the Department of Planning & Traffic the designated amount for the following classes of buildings, as said buildings are classified in Section 17.17-7: (1) (2) (3) (4) (S) Class A - Class B - Class c - Class D - Class E - $ $ $ 0.00 so.oo 100.00 $ 400.00 $1,000.00 (b) Deposit made according to the schedule listed above shall be held by the Department of Planning & Traffic in full or partial satisfaction of all claims for damage and for any other expenses which the City may incur in the movement. In the event no claim is made for damage or other expenses, within thirty (30) days, the deposit shall be returned to the applicant. 515 516 Minutes of May 15, 1967 In the event claim is made, the difference between the amount of the claim and the deposit shall be returned to the applicant. In the event claim is made for damage or other expenses in excess of the deposit, applicant shall be liable for such excess. Section 17.17-9. Inspection of Premises. The Department of Planning & Traffic, or any of its employees, upon demand, shall have the right at reasonable times to physically inspect the building designated in the application. Any person, who shall make such demand, shall produce his authority to make such inspection. Section 17.17-10. Escort If, in the judgment of the Department of Planning & Traffic the moving of any building may create a traffic hazard, the ~partmer.t of Planning and Traffic may require the house mover to pri vi de a police escort, or other escort', for the purpose of regulating traffic along the route such building is being moved, provided that any such escort shall be at the exp•:!nse of the · house mover. No variances from the provisions of the permit shall be permitted by the escort. Section 17.17-11. Advance Posting --Notice. If, in th ~ judgment of the Department of Planning & T-affic the moving of any building over any street may be impeded by vehicles parked on such street, the Department of Planning & Traffic shall post No Parking notices along such street not less than 24 hours prior to any movement of a building. The Department of Planning & Traffic is hereby empowered to move or cause to be moved any vehicle parked in violation of such notice. Section 17.17-12. Time Time of the movement shall be designated by the Department of Planning & Traffic. Every such permit shall become and be void unless such removal shall be completed within the time specified in the application for such permit: provided however, that the Department of Planning & Traffic may extend such time when the moving of any building is rendered impractical by reason of inclemency of the weather, strikes, or other causes not within the control of the house mover. Section 17.17-13. Lights No person moving any building over, upon, along, or across any public street shall fail, neglect, or refuse to keep a red light (or such other devices as the Depart- ment of Planning and Traffic may require) at all times at each corner of such building and at the end of any projection thereon, while the same is located in or upon any public street. Section 17.17-14. Notice to Utilities. Before any building shall be moved, the house mover shall give written notice to parties maintaining poles, lines or other equipment in, along .or over the streets along the approved route, not less than three (3) days in advance of the proposed move. Section 17.17-15. Penalty --Nuisance. The moving of any building within the City of Englewood in violation of any pro- vision of this areicle is hereby determined and declared to be a public nuisance and the Director ' of the Department of Planning & Traffic is hereby authorized, without the necessity of further authorization by council, to institute such legal proceedings as may be necessary to obtain a judicial abatement thereof. In addition, the violation by any person of any provision of this article may be and shall subject the violator to those fines and penalties as are provided for in Chapter 27 of the Municipal Code of the City of Englewood. Introduced, read in full, passed on first reading at the regular meeting of City Council of the City of Englewood, Colorado held on Monday, the 15th day of May, 1967, and ordered published in the Englewood Herald and Enterprise. ATTEST: Ci I I I I I I I I Minutes of May 15, 1967 Mrs. D. A. Romans, Planning & Traffic Director, appeared before council to discuss the need for the above ordinance. She stated that she had been having considerable problems with house movers and the cost to the City of providing them with police escort was considerable. COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT THE BILL FOR AN ORDINANCE AMENDING CHAPTER 17 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO FftOVIDE FOR OB:l'AINING A PERMIT AND REGULATION OF HOUSE MOVERS 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, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Attorney Criswell stated that he did not have in his possession a bill for an ordinance regarding trespassing on private parking lots. Mr. Criswell stated that the essence of the bill was to prohibit parking on private parking lots if the property was properly posted. Failure to obey posting would be a violation of the City Code. Mr. Criswell stated that this ordinance would not be enfocced unless the property owner signed a complaint against an individual parking on his property. RESOLUTION NO. 19, SERIES OF 1967 A RESOLUTION APPROVING APPLICATION OF EDWARD T. CARTWRIGHT FOR A HOTEL AND RESTAURANT LIQUOR LICENSE TO BE LOCATED AT 3517 SOUTH ELATI STREET, ENGLEWOon ·; COLORADO. WHEREAS, Edward T. Cartwright has heretofore applied to the City Council of the City of Englewood, as the local licensing authority, pursuant to the provisions of Chapter 75 Article 2, Colorado Revised Statutes 1963, for the issuance of a hotel and restaurant liquor license to be located at 3517 South Elati Street, Englewood, Colorado, and, WHEREAS, Council has held a public hearing on said application and has duly considered the same, • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD that there are hereby adopted the following findings and conclusions, which findings and conclusions shall be deemed to be the reasons in writing for the decision of the local licensing authority herein contained, as required by the provisions of 1963 C.R.S. 75-2-42 (3): 1. The application for said license is in proper form, is accompanied by the appropriate fee and all procedual requirements of Chapter 75 Article 2 Colo- rado Revised Statutes 1963, including, without limitation posting of public notice and appropriate public hearing, have been complied with. 2. There has not been a denial of any application for the same location within the two (2) years next preceding the date of this application. 3. The applicant has executed a lease which will entitle him to the possession of the premises for which the application has been made, upon _ approval of his application. 4. The sale of liquor as contemplated in the application is QOt prohibited by the zoning laws of the City of Englewood. 5. The location of the premises at the above address is not within 500 feet of any public or parochial school or the principal campus of any college or university or seminary. 6. Based upon the prior investigation of the Englewood Police Department, as well as the evidence adduced at the time of the hearing, the applicant possesses good moral character and is fully qualified, both morally and financially, to con- duct the type of business for which the application has been made. 7. The application herein is for a "new" license, within the meaning of 1963 C.R.S. 75-2-38 and the criteria for the issuance of the same is governed by the provisions of 1963 C.R.S. 75-2-42, rather than the provisions of 1963 C.R.S. 75Y2-9 (2). 517 • 518 • Minutes of May 15, 1967 8. During the course of the public hearing the ~pplicant submitted petitions accompanied by affidavits of circulators, bearing the signatures of 1943 persons who either lived within, or were employed within, a 6 block area surrounding the proposed location. In addition to this petition, protestants placed before Council, unaccompanied by an affidavit of a circulator, purporting to contain 608 signatures. Noone, however, was able to testify from personal knowledge as to the witnessing of the signatures being placed upon these latter petitions. While Council has considered all the petitions and remonstrances submitted, it has given less weight to those petitions which do not bear a circulator's affidavit, than it has to those petitions accompanied by such an affidavit. 9. Several persons testified in ppposition to the application. However, with only few exceptions, persons appearing -to oppose the application were those persons who stated that they were totally opposed to the use of alcohol. While these persons, of course,· are entitled to entertain their personal belief, public policy of the State of Colorado favors the is•uance of licenses for the sale of alcohol where the local licensing authority determines, based upon the statutory criteria, that such a license should issue. 10. It is the conclu sion of Council that this license should be approved and, amonq the reasons for this decision are the following: a. The applicant herein has established beyonc dispute that he is morally, professionally and financially qualified to carry on the business which he intends bo carry on at this location. b. While there are several outlets in the area, there are no outlets which could be considered to exist within the immediate area of the proposed location and Council is of the opinion that the reasonable needs of the neighborhood require the issuance of this license. BE IT FURTHER RESOLVED that, based upon the above fin c~ings and reasons, said application should be, and is hereby, approved. BE IT FURTHER RESOLVED that, should the State licensing authority approve said application, no license shall issue until the building in which the business is to be conducted is ready for occupancy, with such furniture, fixtures, and equipnent in place as is necessary to canply with the provisions of Chapter 75, Article 2, Colorado Revised Statutes 1963 and then only after inspection of the premises has been made by a representative of this Council to determine that the applicant has complied with the architects drawings and plans and specifications submitted with the application. BE IT FURTHER RESOLVED that the City Clerk-Treasurer is hereby authorized and directed to se~d 'by certified ·mail to the applicant at the address shown in the application, a copy of this .Resolution, pursuant to the provisions of 1963 C.R.S. 75-2-42 (3), which shall be deemed to be the decision of the local licensing authority. · ATTEST: COUNCILMAN RICE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE APPLICATION OF CARTWRIGHT'S ET CETERA, INC., 3517 SOUTH ELATI, BE REMOVED FROM THE TABLE FOR CONSIDERATION AT THIS TIME. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson,Kreiling, Hanson, Fullerton, Allen Nays: None Abstained: Councilman Ludwig Absent: None The Mayor declared the motion carried. I I I I I I I • I Minutes of May 15, 1967 RESOLUTION NO. 20, SERIES OF 1967 A RESOLUTION APPROVING APPLICATION OF ANDRI NAGY FOR A HOTEL AND RESTAURANT LIQUOR t,,ICENSE TO BE LOCATED AT 3370 SOUTH ACOMA STREET, ENGLEWOOD, COLORADO. WHEREAS, Andri Nagy has heretofore applied to the City Council of the City of Englewood, as the local licensing authority, pursuant to the provisions of Chapter 75 Article 2, Colorado Revised Statutes 1963, for the issuance of a hotel and restaurant liquor license to be located at 3370 South Acoma Street, Englewood, Colorado, and, WHEREAS, Council has held a public hearing on said application and has duly considered the same, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD that there are hereby adopted the following findings and conclusions, which findings and conclusions shall be deemed to be the reasons in writing for the decision of the local licensing authority herein contained, as required by the provisions of 1963 C.R.S. 75-2-42 (3): 1. The application for said license is in proper form, is accompanied the appropriate fee and all procedural requirements of Chapter 75 Article 2 Colorado Revised Statutes 1963, including, without limitation posting of public notice and appropriate public hearing, have been complied with. 2. There has not been a denial of any application for the same location within the two (2) years next preceding the date of this application. 3. The applicant has executed a lease which will entitle him to the possession of the premises for which the application has been made, upon apprc7al of his application. 4. The sale of liquor as contemplated in the application is not prohibited by the zoning laws of the City of Englewood. 5. The location of the premises at the above address is not within 500 feet of any public or parochial school or the principal campus of any college or university or seminary. 6. Based upon the prior investigation of the Englewood Police Department, as well as _the evidence adduced at the time of the hearing, the ._applicant .Possesses good moral character and is fully qualified, both morally and f~nanci~lly, to con- duct the type of business for which the application has been ~ade. '· 7. The application herein is for a "new" license, within the meaning of 1963 C.R.S. 75-2-38 and the criteria for the issuance of the saine is governed by the provisions of 1963 C.R.S. 75-2-42 rather than the provisions of 1963 C.R.S. 75-2-9 (2). 8. At the time of 'the public hearing the applicant presente d petitions, accompanied by an affidavit fran the circulator thereof, which contained a total of 627 signatures of persons favoring the issuance of the application. Of these 627 signatures, 414 thereof were the signatures of persons living in the area, the remaining 213 being signatures of per~ons who were employed, but did not reside, in the neighborhood. One group of protestants, represented principally by persons presently holding hotel and restaurant and liquor licenses within or near the area, presented petitions containing 460 signatures together with an affidavit of the circulator. Another person appearing in opposition to the issuance of the license presented petitions purportedly bearing the signatures of 427 persons living within a 6 block area of the proposed location. These petitions, however, did not bear a circulator's affidavit, nor could the person testify of his own personal knowledge of the validity of each of these signatures, since he was not present when all of the signatures were placed on these petitions. Cou~il, has, never- theless, given consideration to all of the said petitions, although it has given less we ight to the petitions unaccompanied by an affidavit of a circulator, than it has to the other affidavits. 9. Council concludes, based upon the facts and evidence adduced as a result of the police investigation as well as the other facts and information presented at the public hearing that approval should be given to this .application for several reasons, including: 519 520 Minutes of May 15, 1967 a. The location of the license would be in the downtown area. Thus, the "needs of the neighborhood" may be considerably different than the needs of a neighborhood of a location some distance away from the downtown area. The needs of the neighborhood consist of not only the needs of the persons residing near this area or of p~rsons employed in this area, but it also consists of needs of those persons who come into the neighborhood for shopping purposes. b. While it is undisputed that there are several other hotel and restaurant liquor outlets within a 6 block area, nevertheless, the testimony of the applicant in this case that the facility which he plans on utilizing is substantially different from the types of facilities utilized by the pre~ent outlets stands undisputed •. Based upon the petitions presented by the applicant (even though they may be outnumbered by protestant's petitions), together with the testi- mony received at the public hearing, it is the conclusion of Council that an outlet of this type is needed in the downtown neighborhood. c. It is unquestioned and undisputed by anyone that the applicant is highly qualified, both morally, professionally and financially to c~nauct the "type of business proposed", as required by the provisions of the 1963 C.R.S. 75-2-42(2). BE IT FURTHER RESOLVED That, based upon the findings, conclusions, and reasons, said application should be, and is hereby, approved. BE IT FURTHER RESOLVED that, pursuant to the provisions of 1963 C.R.S. 75-2-42 (3) a copy of this Resolution,which shall be deemed to be the de- cision of the local licensing authority, shall be sent by the City Clerk by certified mail to the applicant at the address shown in the application. ATTEST: COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED, THAT RESOLUTION NO. 20, SERIES OF 1967, BE ADOPTED AND APPROVED. Councilman Kreiling stated that he had submitted a letter to members of the council and _ that he · wished this letter to be recorded in the official minutes. "TO: The City Council FROM: John c. Kreiling In analyzing Section 75-2-42 of the Colorado Liquor Code CRS 1963 as amended July 1, 1966, one must first make a determination of the needs of the neighbor- hood, then consider any other qualifications of the applicant in this the Nagy hearing, the violin playing, and the foreign food menu. My opinion as to why the license should not be granted is as follows: The City council has denied three licenses within two blocks of this site: Steak House Bowling 1Alley Lacosta There are seven outlets within two blocks: John w. Bar Harbor Casual Lounge Frontier Glass Bottle Englewood Liquor Store Eagle Lodge I I I • I I I I I Minutes of May 15, 1967 There are five other outlets within a six block area: Hung ates Magnet Inn M-D Drug Cartwrights Dry Creek Center These outlets may not be what sane would patronize. However, one of the best restaurant operators in the Metro area, Nate Boggio, had to give up a business within a block of this place, 3370 S. Acoma 11 ••• the reasonable requirements of the neighborhood" have been changed with our approval May 1 of the Cart- wright application, and another license is not necessary for the neighborhood. The public demonstrations are the petitions' signatures of 627, of which 413 were considered from the neighborhood and favored the license. In disfavor of the license were 887 signatures, certainly something to be evaluated as to the desires of the neighborhood. In attendance were 23 favoring the license. Only eleven of these people live in Englewood, while 8 disfavoring the license were present. This is marginal 58 per cent vs 42 per cent. One of the Councilmen brought up the Denver Manager of Safety prc0cedures in their downtown area. We cannot compare or follow the procedures of others because there is no similarity in area or the makeup of the licensing body. As you may recall, there have been two transfers of license ownership in the two-block area subsequent to January 1, 1967, both because of very marginal business. It is very possible that, if Mr. Nagy must have an H&R License to operate a restaurant, the Corder license might be pu:ri.chased. There is no doubt the man is a master at the violin, and the foreign foods will be salu- brious. However, there are good restaurants that do not serve liquor, and there will be more in the Shopping Center. As the negatives outweigh the positives, may I reiterate ! favor a denial of the application and so shall' vote accordingly. John c. Kreiling" Mr. Kr ei ling summarized his letter by stating that there are seven outlets for liquor within a three-block area and within a six-block area, there are five more. He stated that it is his opinion that the negative factors outweight the positive and that the license application of Mr. Nagy, dba Golden Fiddle, should not be granted. councilman Hanson stated that he agreed with Councilman Kreiling. Councilman Rice stated that he did not believe the _ Counci.l can . or » should .. legislate against competition. Discussion ensued. Upon the call of the roll on Councilman Fullerton's motion that Resolution No. 20, Series of 1967, be approved, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Fullerton, Allen Nays: councilmen Kreiling, Hanson Absent: None The Mayor declared the motion carried. City Attorney Criswell stated, contrary to the agenda, that he did not have a resolution regarding relocation payments in connection with the Dartmouth Park site for Council's consideration at this time. 521 522 Minutes of May 15, 1967 Introduced as a Bill by Councilman Fullerton A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 24, SERIES OF 1966, AND CODIFYING THE SAME AS SECTION 17.16 OF THE MUNICIPAL CODE OF THE CITY OF : ENGLEWOOD, RELATING TO BUSINESS AND OCCUPATIONAL LICENSES, AND DECLARING AN EMERGENCY. WHEREAS, on the 18th day of May, 1964, the City Council of the City of Englewood duly adopted on final reading Ordinance No. 9, Series of 1964, which ordinance amended Chapter 17 thereof by adding a new section 14 thereto and which required the obtaining of licenses of permits for the conduc·ting of certain trades or businesses within the City, and WHEREAS, on the 20th day of December, 1966, this Council adopted on final reading Ordinance No. 24, Series of 1966, which added to the types of businesses or trades for which permits or licenses were required and which set forth pro- visions regulating "social clubs," as defined therein, and WHEREAS ·, it was the legislative intent of this Council, in adopting Ordinance No. 24, Series of 1966, not to repeal or otherwise to affect the pro- visions of Ordinance No. 9, Series of 1964, but the provisions of said latter ordinance, in its reference to the Municipal Code, duplicated certain section numbers of said subsequent ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF ENGLEWOOD, COLORADO as follows: Section 1 -Section 1 of Ordinance No. 24, Series of 1966, is hereby amended so as to substitute the number 11 16 11 for the number "14" in references therein to new sections of the Municipal Code, wherever the same may appear in said ordinance, and so as to provide that the provisions of Section 1 of said ordinance shall hereafter constitute Sections 17.16-1 thi:ough 17.16-11, inclusive, of said Municipal Code. Section 2 -For the reasons hereinabove set forth, council hereby finds that an emergency exists and that the inunediate adoption of this ordinance is necessary for the preservation of the public health, safety and welfare, by reason of which this ordinance shall become effective inunediately upon its final passage. Mayor ATTEST: CCUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 24, SERIES OF 1966, 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, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. I I I I I I I I Minutes of May 15, 1967 Introduced as a Bill by Councilman Ludwig A BILL FOR AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT-CLAIM DEED TO WELLSHIRE DEVELOPMENT, INC., TO CONVEY THE CITY'S INTEREST IN AN EXIST- ING EASEMENT UPON THE ACCEPTANCE AND FILING OF A PLAT TO BE KNOWN AS KENT VILLAGE, SECOND FILING, AND DECLARING AN EMERGENCY. WHEREAS, the City of Englewood, by virtue of the provisions of an instrument recorded August 18, 1953, in Book 817 at page 453 in the Office of the Clerk and Recorder of the County of Arapahoe, is the owner of an easement and right of way in, through, under and across the following described property, situated in the county of Arapahoe, State of Colorado, to wit: That portion of the SE 1/4 of the SE 1/4 of Section 35, Township 4 South, Range 68 West of the 6th P.M. described as: Beginning at a point 145 feet East of the Southwest corner of the SE 1/4 of the SE 1/4 of said Section 35: thence North par.allel-to the West line- of SE 1/4 of the SE 1/4 of said Section 35 a distance of 893 feet: thence East parallel to the South line of said SE 1/4 of the SE 1/4 a distance of 25 feet: thence South parallel to the West line of said SE 1/4 of the SE 1/4 a distance of 893 feet: more or less, to the South line of said SE 1/4 of the SE 1/4: thence West 25 feet, more or less, to point of beginning: subject to deeded right-of-way for East Hmnpden Avenue. and which easement and right-of-way was granted for the purpose of laying, main- taining, operating, repairing or removing a 12 inch water line therein, and WHEREAS, pursuant both to the terms of said instrument and to the terms of a letter-agreement, dated March 31, 1966, between the City of Englewood and the then owner of said realty, the City agreed to abandon said easement and right of way at such time as a dedicated public road was established over said realty, which public road the City could utilize for the same purpose as the said easement and right of way can now be used, and WHEREAS, Wellshire Development, Inc., is the present owner of the 'above•des- cribed realty and has prepared and delivered to the Board of county Commissioners of the County of Arapahoe a plat entitled "Kent Village, Second Filin9," which plat dedicates a public road to be known as "South Race Street" which may be used by the City for the same purposes as the present easement and right-of-way may now be used. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Upon the occurrence of the hereinafter inumerated conditions, the Mayor and City Clerk are hereby authorized and directed to execute and de- liver to Wellshire Development, Inc. a quit-claim deed, together with such other or further instruments as may be necessary, which shall convey to the said Well- shire Development, Inc. all of the City's interest in and the hereinabove described realty, which was created by, or arises from, that instrument recorded in Book 817 at page 453 as aforesaid. Section 2. The said conveyance shall take place upon the occurrence of the following conditions: a. The approval by the Board of County Commissioners of the County of Arapahoe, and the filing thereof with the Clerk and Recorder, of that plat known as "Kent Village, Second Filing", which dedicates to the public a public street known as "South Race Street": and b. The written assurance, by means of the provisions on said plat, or by reason of separate written instrument, that the City shall, upon the approval and filing of said plat, have the perpetual right to maintain in said dedi- cated street a water main, and maintain in said dedicated street a water main, and other water lines, connected to the water system of the City of Englewood, for the purpose of supplying water and water services to consumers thereof in and along said main and lines and elsewhere. Section 3. The recording of a duly executed quit-claim deed, as described in Section 1 hereof shall be deemed to be conclusive proof upon all parties that each of the conditions set forth in Section 2 hereof have occurred. 524 Minutes of May 15, 1967 Section 4. council hereby finds and declares that at emergency exists, since it is necessary immediately to formalize the City's interest in said proposed public street, by reason of which fact this ordinance shall become effective immediately upon its final passage. Introduced, read in full, passed on first reading and unanimously approved by a quorum present at the regular meeting of the City Coun~il of the City of Englewood, Colorado, held on Monday the 15th day of May, 1967 and ordered published in the Englewood Herald and Enterprise. ayor ATTEST: COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE BILL FOK AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT-CLAIM DEED TO WELLSHIRE DEVELOPMENT, INC. 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, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. The Mayor called a recess of Council at 9:28 P.M. At this time students of Englewood High School took charge of the meeting, Mayor Mark Merry presiding. The following Councilmen and Councilwomen participated in the student session: Virginia Deu Pree, Mic Hardin, Joe Hindemann, Linda Widetich, Chris Davis, and Vickie Wright. Also Present: Jim Reed, City Manager Larry Owens, City Attorney Sonja Schnackenberg, Assistant City Manager Clay P. Brown, City Clerk Joe Mattershaw, representing the Street Department Council reconvened at 10:25 P.M. Upon the call of the roll, the following Councilmen were present: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen City Attorney Criswell stated that Assistant City Attorney Gallagher had requested that Mr. Edward Olde be appointed to assist Mr. Gallagher in prosecu- tion of cases for the Municipal court. Mr. Criswell stated that Mr. Olde would be utilized only on occasions when Mr. Gallagher could not be in session with the court and that Mr. Olde would se1ve at no additional remuneration from the City of Englewood. COUNCILMAN PARKINSON K>VED, COUNCILMAN RICE SECONDED, THAT MR. EDWARD OLDE BE APPOINTED TO ASSIST MR. ROBERT GALLAGHER, ASSISTANT CITY ATTORNEY, IN PROSE- CUTION IN CASES BEFORE THE MUNICIPAL COURT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. I I I I I I I I Minutes of May 15, 1967 City Manager Dial presented a memorandum from the Director of Finance re- questing that the monthly list of bills be discontinued. Mayor Allen stated that he would be in favor of this discontinuance on a trial basis. City Council also discussed the feasibility of changing the City Manager's Report from a monthly basis to a quarterly basis. COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT THE CITY OF ENGLEWOOD DISCONTINUE THE MONTHLY LIST OF BILLS: THAT THE MANAGER'S MONTHLY REPORT BE CHANGED TO A QUARTERLY REPORT: AND THAT A MONTHLY FINANCIAL REPORT BE SUBMITTED TO THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Kreiling, Hanson, Ludwig, Fullerton, Allen Nays: Councilmen Rice, Parkinson Absent: None The Mayor declared the motion carried. COUNCILMAN HANSON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY MANAGER'S REPORT OF APRIL, 1967, BE RECEIVED FOR THE RECORD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the mot~on carried. City Manager Dial reminded members of tlE City Council that the Annual Colorado Municipal League Convention would be held at Estes Park, Stanley Hotel, on June 14, 15, and 16. Mrs. Maxine Stanley, 2310 West Harvard Avenue and Mrs. Louis F. Perry, 2349 West Harvard Avenue, appeared before the City Council to discuss certain problems in the Scenic View Area. I City Manager Dial read from a memorandum from Mr. Beryl Wallace, Chief Building Inspector, which discussed conunercial use of residential property at 2250 West Baker and failure of the property owner of 2352 West Harvard to connect to the sanitary sewer. In regard to the former, Mr. Wallace had stated in his memorandum that the / owner had obtained a State Automobile Garage and Used Parts License for 1967. The owner had been notified to cease conunercial use of the property. In the event he did not cease in the time allotted in the notification, a complaint would be filed with the court. In regard to the property at 2352 West Harvard Avenue, it was reported in Mr. Wallace's memorandum that a complaint had been filed against the property owner for failure to connect with the sanitary sewer. The trial had been held on May 8, 1967. The property owner was given 60 days to comply and fined $50.00. The decision of the Municipal Court had been appealed and the case is now in District Court. Mr. Dial then summarized from a letter dated May 12, 1967, from Mr. Stanley and Mrs. Perry. (The letter from Mrs. Stanley and Mrs. Perry is copied in full in the official minutes). Mrs. Perry and Mrs. Stanley discussed the problems in the Scenic View area with members of the City Council. City Manager Dial stated that bids had been opened at 10:00, Friday, May 12, 1967 for Sewer Extension No. 46B located on the 600 block of East Amherst Avenue. He stated that the following bids had been received. (1) Bee Construction (2) Link Construction (3) Everett Schmelzle $1,962 $2,145 $2,290 Mr. Dial stated the Engineer's estimate for the project was $2,110, and requested that the award be made to Bee Construction Company. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT BEE CONSTRUCTION COMPANY BE AWARDED THE CONTRACT FOR CONSTRUCTION OF SANITARY SEWER EXTENSION NO. 46B 525 526 Minutes of May 15, 1967 IN THE AMOUNT OF $1,962.00. Upon the call of the ro~l, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manager Dial presented a memorandum from Mrs. D. A. Romans, Planning and Traffic Director, recommending th3t the City sign the agreement wi.th the Minnesota Mine and Manufacturing Company to purchase 2,500 pounds of powder to be used is striping crosswalks over a period of two years. The memorandum stated that by signigg the aqreement, the cost of the street striping machine to be purchased from Minnesota Mine and Manufacturinq Company would be reduced by $250.00. COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE AN AGREEMENT WITH MINNESOTA MINE AND MANUFAC- TURING COMPANY TO PURCHASE 2,500 POUNDS OF STREET STRIPING POWDER OVER A PERIOD OF TWO YEARS. Upon the call of 'the roll, the vote resulted as follows: Ayes: Councilman Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manaqer Dial stated that he had received a letter from Carlin Hopper, 5061 South Meade, requesting that the council approve usage of the ~idewal~ in front of the Corder Buildinq in the 00 block of West Floyd Avenue for a art show to be held on May 20, 1967. COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT THE REQUEST OF CARLIN HOPPER FOR USE OF THE SIDEWALK IN FRONT OF THE CORDER BUILDING IN THE 00 BLOCK OF WEST FLOYD AVENUE FOR A ART SHOW TO BE HELD MAY 20, 1967 BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the motion carried. City Manaqer Dial stated that he would be attending the Colorado City Managers Institute in Boulder, Colorado May 21, 22, and 23, 1967. City Manaqer Dial presented to Council a memorandum from Director of Finance Lyon statinq that Mr. Wayne Jurqens of Longmont, Colorado had been employed by the City to survey Englewood's present insurance .Proqram. The subject of the memoran- dum was discussed by Council. The City Council discussed the enclosure of Little Dry Creek and the extension of Girard to Cherokee. Mayor Allen stated that he would hold a Mayor's Coffee Hour on Tuesday, May 23, 1967 at 10:00 A.M. The Coffee will be open to the public. City Manaqer Dial stated that the term of Mr. Dick Eason on the Board of Career Service Commissioners will expire on June 1, 1967. It was reported that Mr. Eason had at~ended approximately 50% of the Career Service Board Meetings. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT MR. H. REECE BRAUN BE NOMINATED AS THE REPLACEMENT OF MR. DICK EASON ON THE CAREER SERVICE BOARD. Discussion ensued. COUNCILMAN KREILING STATED THAT HE WISHED THAT HIS MOTION NOMINATING MR. BRAUN BE WITHDRAWN UNTIL SUCH TIME AS MF.MBERS OF THE CITY COUNCIL COULD DISCUSS THE MATTER WITH MR. EASON. COUNCILMAN PARKINSON STATED THAT HE WOULD ACCEPT THIS WITH- DRAWAL. I I I I I I I I Minutes of May 15, 1967 Members of the City Council discussed the appointment of a new auditor for fiscal year 1967. The reconanendation of the City Hall Building Conunittee was received for the record by the City Council. Discussion ensued. It was the consensus of Council that City Attorney Criswell draft a formal resolution incorporating the reconunenda- tions of the Building Committee and that City Manager Dial prepare a news release reqarding said recommendations. Mr. Don Molen, attorney for Mr. Andri Nagy, appeared before the City Council. Mr. Molen thanked members of the City Council for granting the liquor license requested by Mr. Magy, dba Golden Fiddle Restaurant. COUNCILMAN HANSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MEETING BE ADJOURBED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Rice, Parkinson, Ludwig, Kreiling, Hanson, Fullerton, Allen Nays: None Absent: None The Mayor declared the meeting adjourned at 12:10 A.M. 527