HomeMy WebLinkAbout1967-11-06 (Regular) Meeting MinutesI
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
NOVEMBER 6, 1967
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe County,
Colorado, met in regular session on November 6, 1967 at the hour of 8 P.M.
Mayor Allen, presiding, called the meeting to order. The in-
vocation was given by the Reverend Allen Strong of the First Presbyterian
Church, 3500 South Logan.
The Mayor asked for roll call. Upon the call of the roll,
the following persons were present:
Councilmen Kreiling, Hansog, Ludwig, Rice, Allen, Fullerton,
Parkinson.
Absent: None.
Also Present: Assistant City Manager Mack,
City Attorney Criswell,
City Clerk Lyon.
Councilman Fullerton stated that the October 2, 1967 minutes
incorrectly reflected that he had voted "Aye" on the Bill for an Ordinance
rezoning certain property from B-1 (Business) to B-2 (Business.) Mr.
Fullerton stated that he had voted "Nay."
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED, THAT
THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL HELD ON OCTOBER
2, 1967 AND OCTOBER 16, 1967, AND THE SPECIAL MEETING ON OCTOBER 23,
1967 WITH THE CORRECTION AS PREVIOUSLY STATED BY COUNCILMAN FULLERTON
TO THE OCTOBER 2, 1967 MINUTES, BE APPROVED AS READ. Upon the call of
the roll, the vote resulted as follows:
Ayes: Councilmen Kreiling, Hanson, Ludwig, Allen,
Fullerton, Parkinson.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Mayor Allen recognized the "Special Citizen Invitees" who
were in attendance and welcomed them to the Council meeting:
Mr. Burr S. Bush and family, 3150 South Humbolt.
Mr. Val Hoyt, Attorney, 3311 South Broadway, appeared before
the City Council representing the First National Bank of Englewood. Mr.
Hoyt discussed the installation of a sewer line to serve the First
National Bank Building site. Mr. Hoyt stated that an agreement is
presently in draft, but a number of minor technicalities are yet to
be ironed out. He is, therefore, requesting that Council approve in
principle a proposed agreement between the First National Bank and the
City of Englewood concerning sewer service. City Attorney Criswell
outlined the draft agreement between the City of Englewood and the First
National Bank. The following points were brought out by Mr. Criswell:
1. The proposed sanitary sewer line is to be owned by the
City of Englewood upon the completion of construction.
2. The First National will pay installation costs of the
sanitary sewer and fill the excavation.
3. The City of Englewood will resurface the excavation.
4. The City of Englewood could tap-on to the proposed san-
itary sewer line anytime in the future at no cost.
5. The bank and a proposed underground thoroughfare under-
neath Elati to the shopping center complex from the bank are to be
discussed in the agreement.
6. City of Englewood would have sole control over future taps
onto the line.
7. First National would receive payment from any new sewer
taps to help defray the original costs.
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Minutes of November 6, 1967
The proposed agreement was discussed by the Council.
Councilman Kreiling pointed out that this agreement had not been
completely cleared with the Water & Sewer Board. It was the con-
sensus of Council that an agreement concerning sanitary sewer service
to the First National Bank proposed building site be drafted and pre-
sented to the City Council at the next meeting, in general accordance
with the points as outlined by City Attorney Criswell and, further,
that the Water Board Attorney be consulted in the final drafting
of the agreement.
Mr. William Foerster, 9228 East Lehigh Avenue, of the
Downtown Business Builders, appeared before the City Council. Mr.
Foerster requested that the City of Englewood draft, consider, and
pass an ordinance regulating "Going Out of Business Sales, Smoke
Sales, and other Closing Sales" similar to that of the City of Den-
ver. Mr. Foerster presented a copy of Denver's ordinance.
COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED, THAT
THE CITY ATTORNEY BE INSTRUCTED TO PREPARE AN ORDINANCE PERTAINING
TO THE REGULATION OF "GOING OUT OF BUSINESS SALES" WITHIN THE CITY
OF ENGLEWOOD. 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.
RESOLUTIOk NO. 37, SERIES OF 1967
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND DELIVER TO MARTIN MARIETTA CORPORATibR, A MARYLAND
CORPORATION, A SPECIAL WARRANTY DEED, PARCEL OF REALTY LOCATED IN THE
COUNTY OF JEFFERSON, STATE OF COLORADO, AND MORE PARTICULARLY DESCRIBED
THEREIN, IN ACCORDANCE WITH THE PROVISIONS OF A LEASE ARD OPTION AGREE-
MENT EXECUTED IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE NO. 8,
SERIES OF 1956, AND AMENDED IN ACCORDANCE WITH THE PROVISIONS OF
ORDINANCE NO. 4, SERIES OF 1965.
(Resolution No. 37, Series of 1967, is copied in full in
the official Resolution Book.)
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED, THAT
RESOLUTION NO. 37, SERIES OF 1967, BE APPROVED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Ludwig, Parkinson,
Rice, Allen.
Nays: None.
Abstained: Councilman Fullerton.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED,
THAT THE PUBLIC HEARING ON NATHAN SIDEN'S APPLICATION FOR A BEER AND
WINE LICENSE AT 90 WEST BELLEVIEW BE OPENED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
'!he Mayor declared the public hearing opened at 8:40 P.M.
(The transcript of the proceedings was taken by Mr. Fred
Trachte, Certified Court Reporter, 2238 Elm Street, Denver.)
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Minutes of November 6, 1967
The following is a list of appearances and exhibits in
order of presentation to the City Council.
Kr. Stephen A. Lyon, Director of Finance
Exhibit #1 -City of Englewood's Application File.
a. Application of Beer and Wine License.
b. Applicant's Letters of Reference (3).
c. Publisher's Affidavit of Notice of
Public Hearing.
Mr. Donald L. Giacomini, 2910 Security Life Building, Denver,
Colorado -Attorney for applicant.
Exhibit #2 -Affidavit of Posting of Notice of
Public Hearing at 90 West Belleview.
Exhibit #3 -47 separate petitions in favor of
the application.
Exhibit #4 -Report on the number of signatures in
support of the application.
Exhibit #5 -Report of Management Services Co. in
support of the application.
Mr. Nathan Siden, 5890 S.W. lOOth, Miami, Florida, Applicant.
Exhibit #6 -Sub-lease between Denver Lum's and
Mr. Nathan Siden.
Exhibit #7 -Franchise agreement between Denver Lum's
and Mr. Nathan Siden.
Exhibit #8 -Construction plans for Lum's to be
located at 90 West Belleview.
Exhibit #9 -Photograph of a typical "Lum's" restaurant.
Exhibit #10 -Lum's Annual Report for the period ending
July 31, 1967.
Mr. Sam Bloom, 90 S. Ivy, Denver, appeared in support of the
application.
Mr. Joe Hiqdon, 16 S.W. 27th, Fort Lauderdale, Florida, appeared
in support of the application.
(City Manager Dial entered the Council Chambers at 9:25 P.M.)
Mr. Jack w. Martin, 3153 s. Gaylord, Englewood, ap~ared in support
of the application.
Mr. M. M. Sununers, 3140 s. Delaware, Englewood, appeared in opEosition
to the aEplication.
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT THE
PUBLIC HEARING OF NATHAN SIDEN'S APPLICATION FOR A BEER AND WINE LICENSE
AT 90 WEST BELLEVIEW BE CLOSED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Fullerton, Ludwig, Kreiling,
Parkinson, Hanson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the public hearing closed at 9:55 P.M.
OUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED,
THAT THE APPLICATION OF MR. NATHAN SIDEN FOR A BEER AND WINE LICENSE
AT 90 WEST BELLEVIEW BE TABLED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Fullerton, Ludwig, Kreiling, Parkinson,
Hanson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Minutes of November 6, 1967
Mayor Allen called a recess of Council at 9:55 P.M.
Council reconvened at 10:07 P.M. Upon the call of the roll,
the following were present:
Councilmen Fullerton, Hanson, Ludwig, Rice, Allen, Kreiling,
Parkinson.
Absent: None.
The Mayor declared a quorum present.
Vacation of a portion of the 2800 block of South Emerson
Street was discussed by the City council. (This subject was originally
before the City Council at its October ~0, 1967 meeting.) The feasi-
bility of vacation as opposed to granting an encroachment upon public
right-of-way was debated.
COUNCILMAN FULLERTON MOVED, COUNCILMAN LUDWIG SECONDED,
THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAW UP AN ENCROACHMENT AGREE-
MENT FOR THAT PORTION OF THE 2800 BLOCK OF SOUTH EMERSON STREET WHICH
HAD BEEN RECOMMENDED FOR VACATION BY THE PLANNING AND ZONING COMMISSION:
SAID AGREEMENT TO BE DRAFTED UPON CONSULTATION AND CONCURRENCE WITH THE
PARTIES INVOLVED. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig,
Parkinson, Kreiling, Rice, Allen.
Na ys: None.
Absent: None.
The Mayor declared the motion carried.
The corrected minutes of the Water and Sewer Board of
October 17, 1967, with three memoranda attached, were received for
the record by the City Council.
The first memorandum, regarding the proposed location of
city shops, was discussed and, by consensus, deferred by City Council.
The second memorandum, recommending inclusion of additional
lands into the South Arapahoe Sanitation Discrict was explained in
detail by Assistant to the City Manager Mack.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT
THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT CERTAIN ADDITIONAL
LANDS BE INCLUDED WITHIN THE SOUTH ARAPAHOE SANITATION DISBRICT BE
ACCEPTED AND APPROVED BY THE CITY COUNCIL AND THAT THE MAYOR AND CITY
CLERK BE AUTHORIZED TO SIGN ANY NECESSARY DOCUMBNTS. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Ludwig, Hanson, Parkinson,
Kreiling, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The subject of the third memorandum, the sanitatary sewer
line to serve property of the First National Bank, had already been
constdered by the City Council and action taken.
The minutes of the Board of Career Service Commissioners'
meeting of October 26, 1967 with memorandum attached, were received for
the record. City Manager Dial explained the purpose of the proposed
personnel progression chart to City Council. Mr. Dial stated that the
changes to the relationship of one position to another within City Hall
was an effort to realign all positions internally on the "equal pay for
equal work" principle. Mr. Dial emphasized that this proposed pro-
gression chart is not an effort to provide general betterment of the
City of Englewood's competitive situation to that of other communities,
although for a few positions it will help. Mr. Dial stated that,
although the proposed personnel progression chart covered every classi-
fied position within the City, there is sufficient question concerning
two positions that he would request the council defer action until the
final recommendation can be made.
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Minutes of November 6, 1967
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED, THAT
THE RECOMMENDATION OF THE BOARD OF CAREER SERVICE COMMISSIONERS CON-
CERNING THE PROPOSED PERSONNEL PROGRESSION CHART BE TABLED UNTIL A
FULL AND COMPLETE RECOMMENDATION COULD BE RECEIVED ON ALL POSITIONS
WITHIN THE CITY. Upon the call of the roll, the vote resulted as
follows:
Ayes: councilmen Fullerton, Hanson, Kreiling,
Parkinson, Ludwig, Allen, Rice.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The minutes of the Parks and Recreation Commission meeting
of October 26, 1967 with the following memoranda attached were re-
ceived for the record:
1. Memorandum regarding proposed City Shops location.
2. Memorandum recommending acquisition of Belleview Park
Addition.
3. Memorandum regarding the acquisition of further land
for Jason Park.
The subjects in the three memoranda were discussed but no formal
action taken.
The minutes of the Public Library Board meeting of October
10, 1967 were received for the record.
The City Manager's Quarterly Report for July, August,
and September were received for the record.
City ~ttorney Criswell reported to members of City Council
that the agreement between the City of Englewood and School District
#1 concerning the lease of the Duncan School Property for park purposes
had been amended upon request of the School Board. Mr. Criswell read
a paragraph which had been added concerning the termination of the
lease prior to the date called for in the agreement.
COUNCILMAN LUDWIG MOVED, COUNCILMAN PARKINSON SECONDED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AMENDED AGREE-
MENT BETWEEN SCHOOL DISTRICT #1 AND THE CITY OF ENGLEWOOD CONCERNING
THE LEASE OF THE DUNCAN SCHOOL SITE FOR PARK PURPOSES. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Kreiling,
Parkinson, Allen, Rice.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
City Attorney Criswell reported that the committee on CATV
had met and approved an ordinance. The ordinance has now been submitted
to each of the applicants for their comments.
City Attorney Criswell stated that, in regard to the purchase
of the Rouse property at Dartmouth Park, concurrence from the Department
of Housing and Urban Development had not been received. Mr. Criswell
stated that he had called Mr. Travis Miller, Regional Director of HUD
at Fort Worth, and Mr. Miller had stated that he would get in touch
immediately with Washington, D.C., concerning Englewood's request.
CERTIFICATE NO. 5, SERIES OF 1967
I, Stephen ·A .. _Lyon ~·Director of Finance, City of Englewood, County of
Arpahoe, State of Colorado, do hereby certify that the following balance
is unencwnbered and available for appropriation within the Public
Improvement Fund:
South Sherman Street Sturcture
Dated this 6th Day of November, 1967.
/s/ Stephen A. Lyon,
Director of Finance
$3,000.00
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Minutes of November 6, 1967
RESOLUTION NO. 38, SERIES OF 1967
A RESOLUTION TRANSFERRING CERTAIN MONIES WITHIN THE PUBLIC
IMPROVEMENT FUND.
(Copied in full in the Official Resolution Book.)
COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT
RESOLUTION NO. 38, SERIES OF 1967, BE ADOPTED AND 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.
City Manager Dial reported to Council that the Public Service
Company had given the City of Englewood a license to use a certain part
of its property for the construction of the public street in the 4000
block of South Kalamath. Mr. Dial stated that the Mayor and City Clerk
should be authorized to sign the license.
COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE LICENSE ACCEPTING
CERTAIN PROPERTY IN THE 4000 BLOCK OF SOUTH KALAMATH STREET FOR PUBLIC
STREET PURPOSES. 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.
City Manager Dial reported that the permit issued to the
W. R. Grimshaw Company for excavation in the 3400 Block of South Elati
had expired. Mr. Dial stated that the permit had been for 60 days and
had been issued on August 31, 1967. Mr. Dial stated that Director of
Public Works Waggoner had granted a 30 day extension, subject to
Council approval.
COUNCILMAN RICE MOVED, COUNCILMAN HANSON SECONDED, THAT THE
CITY OF ENGLEWOOD APPROVE A 30 DAY EXTENSION OF W. R. GRIMSHAW COMPANY'S
PERMIT FOR EXCAVATION IN THE 3400 BLOCK OF SOUTH ELATI. Discussion en-
sued.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED,
THAT COUNCILMAN RICE'S MOTION BE AMENDED TO READ THAT THE CITY MANAGER
ALSO BE INSTRUCTED TO WRITE A LETTER TO THE W. R. GRIMSHAW COMPANY AND
INFORM THEM OF aJHE CITY OF ENGLEWOOD'S DESIRE THAT CONSTRUCTION BE
COMPLETED AT THE CLOSE OF THIS 30 DAY PERIOD. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Allen, Rice.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Upon the call of the roll on the original motion, the vote
resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Allen, Rice.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Minutes of November 6, 1998' '7
City Manager Dial stated that the enclosure of Little
Dry Creek east of its intersection with South Bannock Street had
resulted in approximately 1,060 square yards of additional real .
property. (Director of Public Works Waggoner presented a map
showing the construction area.) Mr. Dial suggested to members
of the Council that the property perhaps could be marketed along
with other adjacent property and the City's cost of construction
recovered, at least in part. Director of Public Works Waggoner
explained the various ownerships of the new parcel and adjacent
properties. Mr. Dial stated that the Police Department wishes
to park upon the area and the Chamber of Commerce could also be
provided with a parking area. The total cost of black topping
the area would be approximately $1,682. The City of Englewood's
share would be $1,325 and the Chamber of Commerce's share, $358.
It was the consensus of Council that the City Manager exp).ore the
possibility of the Chamber and the City black topping the parcel.
City Manager Dial requested that Mr. E. P. Romans, Director
of Parks and Recreation, attend the annual Parks and Recreation
Congress at Miami, Florida, December 3 -7, 1967. Mr. Dial stated
that the cost of Mr. Romans' attendance would be borne by the
Parks & Recreation Conunission Fund.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED,
THAT MR. E. P. ROMANS SHOULD ATTEND THE PARKS AND RECREATION
CONGRESS ON DECEMBER 3 -7 IN MIAMI I FLORIDA. U,pon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig,
Kreiling, Parkinson, Rice, Allen.
Nays1 None.
Absent: None.
The Mayor declared the motion carried.
A memorandum concerning policy on public municipal fa-
cilities, namely the Community Room at City Hall, was presented by
City Manager Dial and discussed by Council. Mr. Dial stated that
the Council's policy that no charge be made to groups using the
municipal facilities, a~ long as said groups did not charge ad-
mission to their functions, had served as a successful guideline
in the past. However, he stated, an occassional request has been
received from a group such as that sponsoring the annual Violet
Show in the Community Room, April 5 -7, 1968. This group does
not intend to charge admission or request donations or offerings.
However, it does wish to sell some of the plants displayed in the
show in order to offset advertising and display costs. Mr. Dial
inquired of Council if they wished each such request of this nature
brought directly to City Council. It was the consensus of Council
that the City Manager be instructed to liberally construe Council's
policy concerning use of municipal facilities.
City Manager Dial presented to members of City Council
a report dated November 3, 1967 on various meetings concerning
the KLZ site rezoning. Included within this report were the follow-
ing items:
A. A map entitled the "Carey Developnent Plan," dated
September 23, 1967.
B. "KLZ Site Assumptions. "
c. "Recommended Number of Dwelling Units for KLZ Site
and Economic Considerations."
D. "Additional Understandings."
E. A letter to the City Council dated November 2,
1967 and signed by the City Manager, Planning
Director, and City Attorney.
F. A letter to the City Manager and City Attorney
dated October 31, 1967 and signed by Robert B.
Moch, attorney for Mr. Carey.
City Manager Dial reported that a problem had existed
in establishing a full 60' right-of-way for Girard Street from
Bannock to Cherokee.
A series of meetings had been held with representatives
of continental National Bank and New Englewood which, hopefully,
have resulted in resolution of the problem. Mr. Dial stated that
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a memorandum of concurrence should be distributed in the near
future.
Councilman Fullerton reported that the seminar on solid
wastes held on October 25, 1967 at the Continental Denver had been
a successful meeting. Mr. Fullerton stated that 84 people were
in attendance and a discussion of the problem from all viewpoints
had taken place. Mr. Fullerton stated that a proposal that the
Inter-county Regional Planning Commission be requested to prepare
a regional plan concerning the disposal of solid wastes had met with
unanimous approval. Mr. Fullerton stated that other governmental
units within the area would be preparing and passing resolutions
to this affect. It was the consensus of Council·':l:hat the City
Attorney be instructed to prepare a resolution requesting that
the Inter-County Regional Planning Commission prepare an area-
wide plan concerning the disposal of solid wastes.
Councilman Ludwig requested that the City investigate
the possibility of a "Stop" sign at the intersections of Ogden
and Bates. Mr. Ludwig stated that many accidents had occurred
at this intersection and he felt that the sign was warranted.
COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the
vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreil.ing,
Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the meeting adjourned at 11:45 P.M.
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