HomeMy WebLinkAbout1967-11-23 (Regular) Meeting MinutesI
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COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
NOVEMBER 20, 1967
REGULAR MEETING:
The City Council of the City of Englewood, Arapahoe
County, Colorado, met in regular session on Monday, November 20,
1967 at 8:00 P.M.
Mayor Allen, presiding, called the meeting to order and
the invocation was given by the Reverend Barry Kimbrough, Englewood
Methodist Church.
The Mayor asked for roll call. Upon the call of the
roll, the following persons were present:
Councilmen Fullerton, Hanson, Ludwig, Rice, Allen,
Kreiling, Parkinson.
Also PresE11t: City Manager Dial
Absent: None.
Assistant to the City Manager Mack
City ~ttorney Criswell
City Clerk Lyon
The Mayor declared a quorum present.
Mayor Allen recognized the following Councilmen-elect
and welcomed them to the Council meeting:
Mr. Dallas Dhority, 3150 South Acoma,
Mr. John J. Lay, 3960 South Broadway,
Mr. Richard Lone, 4877 South Delaware,
Mr. Elmer Schwab, 4795 South Inca Street.
Mayor Allen recongized Mr. Sam Love, 1110 West
Chenango, Englewood. Mr. Love read from petitions containing
57 signatures which requested that the City Council proceed
as rapidly as possible with the construction of storm drainage
facilities to serve the West Kenyon -South Santa Fe Lane area.
City Council discussed the project with Mr. Love and expressed
its desire that the storm drainage problem could be solved during
1968.
Mr. Bob Grabert, 3183 South Pennsylvania, appeared be-
fore the Council in regard to the Chamber of Conunerce Christmas
lighting program. Mr. Grabert thanked the Council for its parti-
cipation in past programs and requested that the Council raise
this years participation from $1800 to $2000 because of the ex-
panded lighting program.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED,
THAT THE CITY COUNCIL GRANT THE CHAMBER OF COMMERCE'S REQUEST FOR
$2000 TO BE EXPENDED FOR ITS CHRISTMAS LIGHTING PROGRAM. Upon the
call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Rice,
Kreiling, Parkinson, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Mr. Wm. A. McCordk, owner of the Glass Bottle Liquor Store,
appeared before the Council requesting transfer of the license
from himself to his wife, said transfer to be effective January 1,
1968.
COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED,
APPROVAL OF MR. MCCORD'S TRANSFER OF LICENSE TO MRS. MCCORD EFFECTIVE
JANUARY l, 1968, SAID APPROVAL TO BE CONDITIONED UPON RECEIVING A
FAVORABLE POLICE REPORT ON MRS. MCCORD. Upon the call of the roll,
the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig, Kreiling,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Minutes of November 20, 196,8'7
Mr. Rex Garrett appeared before City Council and stated
that he wished to appeal the decision of the Planning and Zoning
Conanission at its September 20, 1967 meeting concerning an area
at 1451 West Tufts Avenue inanediately west of the City Ditch. Mr.
Garrett stated the area is presently zoned R-1-C (single family
residential) and the rezoning requested was I-1 (light industrial).
City Manager Dial presented to members of the Council a memorandum
from Mrs. D. A. Romans, Planning and Traffic Director, concerning
the rezoning application. Mr. Garrett stated that he had requested
the rezoning of this property before the Planning and Zoning Com-
mission two years ago for usage as a trailer court. That rezoning
had been denied. It is now his desire to develop the area as a
small, six-acre industrial park. This, Mr. Garrett stated, is a
more desirable usage than one-family dwellings, as it is presently
zoned. City Attorney Criswell stated that if the City Council
wishes to hear the appeal on the rezoning, it will be necessary
that a bill for an ordinance establishing a public hearing be
introduced. If the Council does not wish to proceed with the re-
20ning appeal, Mr. Garrett's next step is to appeal to the courts.
Mr. Garrett reiterated his position that in spite of the opposition
of the neighborhood to the proposed rezoning, he felt this would
be to the benefit of Englewood.
COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED,
THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE AN ORDINANCE
ALLOWING THE REZONING AND ESTABLISHING A DATE OF PUBLIC HEARING.
The motion was discussed. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Hanson, Kreiling, Allen.
Nays: Councilmen Fullerton, Parkinson, Rice, Ludwig.
Absent: None.
The Mayor declared the motion defeated.
Mrs. Margaret Miller, 390 Shadycroft Drive, Littleton,
appeared before the Council requesting renewal of the three-way
liquor license held by the Silver Saddle Restaurant, Inc., dba
The Hackeny House.
Mr. John Hannon, Jr., 5735 South Delaware Street, Little-
ton, appeared before the Council requesting renewal of the liquor
store license held by the Supreme Liquors.
Mr. Maurice Soliman, Manager, 3484 South Broadway,
appeared before the Council requesting renewal of the three-way
liquor license held by the Bar Harbor, 3484 South Broadway.
Mr. A. L. Perry, 1184 South umatilla, Denver, appeared
before the City Council requesting renewal of the three-way liquor
license held by the C. J. Investment Co., dba Belleview Bowl,
4900 South Federal Blvd.
Mr. A. H. Conrardy, 495 Pennwood Circle, Englewood,
appeared before the City Council requesting renewal of the liquor
store license held by the Englewood Liquor Store, 3434 South B~oad
way.
Mrs. Sue E. Harthun, 1515 S. Forest, Denver, appeared
before the City Council requesting renewal of the three-way liquor
license held by Plantation, Inc. dba Taste of Honey, 5020 South
Broadway.
Mr. William S. Lauby, 4095 West Radcliff, Denver, appeared
before City Council requesting renewal of the liquor store license
held by Thorobred Liquors, 5050 South Federal Boulevard.
Mr. Robert L. Mcintyre, 3140 S. Dahlia Street, Denver,
appeared before the City Council requesting renewal of the
liquor store license held by Old Town Liquors, 325 East Jefferson
Avenue.
Mr. Lee Corder, 3294 South Acoma, appeared before the
City Council requesting renewal of the three-way liquor license
held by the Casual Lounge, 65 West Floyd.
Mr. John W. Lidke, 4900 South Grant, appeared before the
Council requesting renewal of the drug store liquor license held
by Cherrelyn Drug Store, 4285 South Broadway.
Mr. Cassel appeared on behalf of Drug Fair, 4204 South
Broadway, requesting renewal of the drug store liquor license it
holds.
Mrs. Elsie L. Barrent, 3545 W. Harvard, Denver, appeared
before Council requesting renewal of the liquor store license
held by E-Z Liquors, 3353 South Santa Fe.
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November 20, 196)r'/
Mr. Harry Musser, 4190 S. Inca, appeared before Council
requesting renewal of the club license held by the Englewood Elks
Lodge, 3690 S. Jason Street.
Mr. Leo Lentsch, 1550 E. Dartmouth, appeared before
Council requesting renewal of the club -license held by the Frater-
nal Order of Eagles, 55 West Floyd.
Mr. Wilard L. Ball, 753 High Street, Denver, appeared
before Council requesting renewal of the liquor store license held
by GBM Liquors, 5450 South Broadway.
Mr. Walter Hrom, Route 1, Parker, appeared before Council
requesting renewal of the three-way liquor license held by Hilda's
Cafe, 4386 South Broadway.
Mr. Damon L. Hungate, 1808 S. Lincoln, appeared before
Council requesting renewal of the three-way liquor license held
by Hungate's, 2796 South Broadway.
Mrs. Leota M. Plessinger, 1974 Leyden, Denver, appeared
before Council requesting renewal of the three-way liquor license
held by John W's Tap Room, 3467 S. Broadway.
Mr. Einar Jefferson, Box 9106, Denver, appeared before
Council requesting renewal of the club license held by the Loyal
Order of Moose, 3531 S. Broadway.
Mr. E. A. Bloomquist, Castle Rock, appeared before Council
requesting renewal of the drug store liquor license held by M-D
Rexall Drug Store, 2895 South Broadway.
Mr. Kenneth Barnica, 2731 W. Arkansas, Denver, appeared
before Council requesting renewal of the three-way liquor license
held by Magnet Inn, 2893 South Broadway.
Mr. Charles Bishop, 395 Bellaire, Denver, appeared be-
fore Council requesting renewal of the liquor store license held
by BanHam Liquors, Inc. dba New Frontier Liquors, 3485 South
Bannock.
COUNCILMAN KREILING MOVED, CDUNCILMAN HANSON SECONDED,
THAT THE LIQUOR LICENSES OF THOSE ESTABLISHMENTS REPRESENTED BY
THOSE WHO HAD JUST APPEARED BEFORE THE CITY COUNCIL BE RENEWED
FOR 1968 AND THAT THE RENEWAL APPLICATIONS OF MAGNIFICENT MATADOR
AND THE GLASS BOTTLE LIQUOR LICENSES BE HELD IN ABEYANCE. Council-
man Rice inquired of Mrs. Barrent, E-Z Liquors, concerning the
report that she had sold liquor to minors. Mrs. Barrent stated
she had been fined in court. Mrs. Barrent also stated the youngsters
had shown proper identification when they had purchased the liquor.
COUNCILMAN RICE MOVED THAT COUNCILMAN KREILING'S MOTION
BE AMENDED TO READ THAT THE APPLICATION OF THE E-Z LIQUORS FOR
RENEWAL BE HELD IN ABEYANCE UNTIL RECEIPT OF FURTHER INFORMATION.
The Mayor declared the motion died because of want of a second.
Upon the call of the roll on Councilman Kreiling's motion,
the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling,
Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN FULLERT(lq MOVED, COUNCILMAN HANSON SECONDED,
THAT THE GLASS BOTTLE LIQUOR LICENSE BE RENEWED FOR 1968 IN THE
NAME OF MRS. BOBBIE MCCORD, SAID RENEWAL SUBJECT TO RECEIPT OF
FAVORABLE F.B.I. AND POLICE REPORTS. Upon the call of the roll,
the vote resulted as followa:
Ayes: councilmen Fullerton, Hanson, Kreiling,
Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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November 20, 196}1'"7
Mr. Andrei Nagy, 2203 South Raleigh, appeared before the
City Council requesting renewal of the Golden Fiddle's liquor license.
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED,
THAT THE LIQUOR LICENSE OF THE GOLDEN FIDDLE, 3370 SOUTH ACOMA, BE
RENEWED FOR 1968. 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.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED,
THAT THE PUBLIC HEARING ON THE APPLICATION FOR A THREE-WAY LIQUOR
LICENSE FOR THE BROOKRIDGE PIZZA OVEN, INC., Sl80 SOUTH BROADWAY,
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.
The Mayor declared the public hearing opened at 8:SO P.M.
(~ranscript of the public hearing was taken by Mr. Fred
Trach t e, Certified Public Reporter, 2238 Elm Street, Denver.)
The following is a list of appearances and exhibits in
order of presentation to the City Council.
Mr. Ralph E. Crandall, Attorney for the applicant.
Exhibit #1 -City of Englewood application file.
a. Application of the Brookridge Pizza Oven, Inc.
b. Letters of reference.
c. Publisher's affidavit of the Notice of Public
Hearing on the Liquor License for the Brook-
rid9e Pizza Oven, Inc.
d. Police report on the application.
Exhibit #2 -A copy of the Brookridge Shopping Center
Lease with the Brookridge Pizza Oven, Inc., dated July lS, 196S.
Exhibit #3 -A copy of an addendum to the Brookrid9e
Shopping Center lease with the Brookridge Pizza Oven dated November
16, 1967.
Exhibit #4 -Plans of expansion of Brookrid9e Pizza Oven.
Exhibit #SA through SD -Petitions in support of the
application (474 signatures from the City of Englewood and 97
signatures from the City of Littleton, obtained from residents
within the six block area of the Brookridge Pizza Oven. 117 signa-
tures from Englewood, 207 from Littleton, 137 from peiple outside
the Englewood-Littleton area were received from customers of the
applicant.)
Exhibit #6 -Affidavit of posting of the premises of
applicant concerning the Notice of Public Hearing.
Exhibit #7 -A report from the Director of Finance of the
results of the F.B.I. investigation on the applicants.
Mr. Nate Burt, S300 South Broadway, Englewood, appeared in support
of the application.
Mr. Elwood A. Fitz, 9176 East Nassau Avenue, Denver, appeared in
support of the application.
Mr. M. M. Summers, 3140 South Delaware, appeared in opposition to
the application.
Exhibit #8 -A map of the City of Englewood showing the
existing liquor outlets.
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November 20, l9qe'?
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED,
THAT THE PUBLIC HEARING BE CLOSED. 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 public hearing closed at 9:32 P.M.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED,
THAT THE APPLICATION FOR A THREE-WAY LIQUOR LICENSE BY THE BROOK-
RIDGE PIZZA OVEN BE TABLED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The Mayor called a recess at 9:33 P.M.
Council reconvened at 9:45 P.M. Upon the call of the
roll, the followiftg were present:
Councilmen Fullerton, Hanson, Kreiling, Ludwig, Parkinson,
Rice, Allen.
Absent: None.
The Mayor declared a quorum present.
The minutes of the Election Conunission meeting of November
10, 1967 were received for the record.
The minutes of the Public Library Board meeting of November
14, 1967 with memorandum recanmending an agreement with the Central
Colorado Library Council, were received for the record. The City
Manager explained the proposed agreement to members of Council.
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED,
THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE PROPOSED
AGREEMENT WITH THE CENTRAL COLORADO LIBRARY COUNCIL. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The minutes of the Planning and Zoning Commission meeting
of October 18, 1967 were received for the record.
The minutes of the Board of Career Service Conunission
meeting of November 16, 1967 with a memorandum containing a recom-
mendation to retain the Clerk Dispatcher, Police Department, at
Grade 14 as proposed in the Proposed Progression Chart effective
January 1, 1968 were received for the record.
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED,
THAT THE RECOMMENDATION OF THE CAREER SERVICE BOARD BE ACCEPTED
IN THAT THE GRADE OF THE CLERK DISPATCHER BE RETAINED AT 14 AS
ORIGINALLY PROPOSED IN THE PERSONNEL PROGRESSION CHART ARD, FURTHER,
THAT THE PERSONNEL PROGRESSION CHART PROPOSED TO THE CITY COURCIL
AT ITS NOVEMBER 6, 1967 MEETING, BE THE OFFICIAL WAGB Ala) IA~RI'
PLAN OF THE CITY OF ENGLEWOOD. Upon discussion, it wa• po n d
out that the consideration of the Proposed Progreaaion Ch r h d
not been removed from the table. Councilman Parkinaon • hat
he wished to withdraw his motion. Councilman Ric • h
would withdraw his second.
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November 20, 196~Minutes
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED,
THAT CONSIDERATION OF THE PROPOSED PROGRESSION CHART RECOMMENDED
BY THE CAREER SERVICE BOARD AT THE NOVEMBER 6, 1967 MEETING BE
REMOVED FROM THE TABLE. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN PARKINSON MOVED, COUNCIL1-!AN KREILING SECONDED,
THAT THE PROPOSED PROGRESSION CHART BE APPROVED AS THE OFFICIAL
WAGE AND SALARY PLAN OF THE CITY OF ENGLEWOOD WITH THE POLICE
DEPARTMENT CLERK-DISPATCHER RETAINED AT GRADE 14. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
The minutes of the Board of Adjustment and Appeals
meeting of September 13, 1967 were received for the record.
The minutes of the Board of Adjustment and Appeals
meeting of October 11, 1967 were received for the record.
A report on the statement made by State Representative
Floyd Haskell at the District #1, Colorado Municipal League
meeting, was received for the record.
The F.B.I. and Police Department report on principal
in application for Beer and Wine License for Lum's Restaurant,
90 West Belleview Avenue, was received for the record.
Introduced as a Bill by Councilman Fullerton,
A BILL FOR
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY
OF ENGLEWOOD, COLORADO, BY ADDING THERETO A NEW SECTION 17.15
REQUIRING A LICENSE, LEVYING A LICENSE FEE FOR THE PRIVILEGE OF
CARRYING ON OR ENGAGING IN GOING OUT OF BUSINESS SALES, AND FIRE,
SMOKE AND WATER DAMAGE GOOO SALES, FIXING THE AMOUNT OF SAID
LICENSE FEE, AND PROVIDING THAT IT SHAL~ BE UNLAWFUL FOR ANY PERSON
TO CARRY ON OR ENGAGE IN SUCH SALES WITHOUT FIRST HAVING OBTAINED
SUCH LICENSE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
(The above Bill for an Ordinance is copied in full in
the official Ordinance Book.)
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED,
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND
ENTERPRISE. Discussion ensued.
COUNCILMAN KREILING MOVED, COUNCILMAN LUDWIG SECONDED,
THAT THE BILL BE AMENDED BY PLACING THE ORIGINAL 17.15-7 AHEAD
OF THE ORIGINAL 17.15-6 AND CHANGING THE NUMBERS ACCORDINGLY.
Upon the call of the roll, on the amendment, "·.the v.ot9 resulted
as follows:
Ayes: Councilmen Fullerton,Hanson, Kreili~g, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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Minutes of November 20, 196.8
After further discussion, eotJNCILMAN PARKINSON MOVED,
COUNCILMAN RICE SECONDED, THAT ALL REFERENCES TO THE CITY CLERK
BE CHANGED TO THE TITLE OF DIRECTOR OF FINANCE. 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.
Upon the call of the roll on the original bill, as
amended, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling, Ludwig,
Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Introduced as a Bill by Councilman Rice,
A BILL FOR
AN ORDINANCE CREATING A SPECIAL FUND, TO BE KNWON AS
THE "SPECIAL ADJUSTMENT FUND," AND SPECIFYING THE SOURCES OF
RECEIPTS, THE PURPOSES OF EXPENDITURES THEREFROM.
¢0Ul!JCILMAll RICE llOVEDt//eDU!fo.tnNAa~ .. BtmLER'mOB 'SlmOllDBD.,··
THAT THE 'PROPOSED 8ILLDl'OR! AN t:'OIU>DIARCZU BECl>ASBEDF O!f·· FIRS~. RBAI>~NG
AllD -ORDEIUU>CmJSLISHBDDISi •!l'lm . EBGLDfOGl>.S HDAU> AND --DPlllSB.
' 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.
Introduced as a Bill by Councilman Parkinson.
A BILL FOR
AN ORDINANCE ESTABLISHING GENERAL EXCEPTIONS FROM THE
REQUIREMENT FOR SEALED, COMPETITIVE BIDS FOR PURCHASES OF SUPPLIES,
MATERIALS OR EQUIPMENT IN EXCESS OF ONE THOUSAND DOLLARS ($1,000.).
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED,
THAT SECTION I BE AMENDED BY REMOVING THE COLON IMMEDIATELY PRE-
CEDING PARAGRAPH A AND INSERTING IN ITS PLACE A COMMA FOLLOWED BY
THE WORKS, "PROVIDING THAT NONE OF SUCH PURCHASES SHALL EXCEED
$10,000." 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.
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE, AS AMENDED, BE PASSED ON
FIRST READING AND ORDERED PUBLISHED IN THE ENGLEWOOD HERALD AND
ENTERPRISE. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling,
Ludwig, Parkinson, Rice, Allen.
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Minutes of November 20, 196,
Nays: None.
Absent: None-.
The Mayor declared the motion carried.
A proposed Bill for an Ordinance regulating air pollution
was discussed by City Council. Action was deferred until the Dec-
ember 4, 1967 Council meeting.
RESOLUTION NO. 39, SERIES OF 1967
A RESOLUTION RECOGNIZING AND ACKNOWLEDGING THAT THE
PROBLEM OF SOLID WASTE ACCUMULATION, AND THE DISPOSAL THEREOF,
PRESENT COMMON PROBLEMS TO ALL PERSONS WITHIN THE DENVER METRO-
POLITAN AREA AND SUPPORTING THE DESIGNATION OF THE REGIONAL AIR
POLLUTION CONTROL AGENCY OF THE COLORADO MUNICIPAL LEAGUE AS THE
COORDINATING AGENCY FOR THE PURPOSE OF CONSIDERING AND SUGGESTING
A UNIFORM COORDINATED PROGRAM TO MEET THIS PROBLEM.
(Copied in full in the official Resolution Book.)
COUNCILMAN FULLERTON MOVED, COUNCILMAN HANSON SECONDED,
PASSAGE OF RESOLUTION NO. 39, SERIES OF 1967, WITH THE AMENDMENT
THAT AT EVERY PLACE THE WORDS "COLORADO MUNICIPAL LEAGUE" APPEAR
IN THE RESOLUTION, THE WORDS "INTER-COUNTY REGIONAL PLANNING COMMIS-
SION" BE INSERTED. 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 Attorney Criswell reported that the City of Engle-
wood had closed on the 1075 property last week. This left only
the Rouse parcel to acquire for the Dartmouth Park site.
City Manager Dial stated that he had recently talked
with representatives of the Department of Housing and Urban
Developnent in Fort Worth. Mr. Dial stated that he had been in-
formed that the apparent decision of the Washington office of
Housing and Urban Developnent would be against the acquisition(
of the Rouse property by negotiation as proposed by the City of
Englewood. Mr. Dial then stated that he had received strong in-
dications that this might be the time to discuss the problem with
the Colorado Congressional Delegation. City Council discussed the
matter and it was the consensus that contact be made with the
Colorado Representatives and Senators. Mayor Allen appointed
Councilman Parkinson, Rice and Kreiling to take the matter up
with the Colorado Congressional Delegation.
City Attorney Criswell discussed the acquisition of
property for the Englewood -Belleview Park Addition. Mr. Cris-
well stated that the Warden property be acquired for a figure of
$7,500.00. This leaves the Herndon parcel to be acquired.
COUNCILMAN LUDWIG MOVED, COUNCILMAN HANSON SECONDED,
THAT THE CITY ATTORNEY BE AUTHORIZED TO ACQUIRE THE WARDEN PROPERTY
FOR THE ENGLEWOOD -BELLEVIEW PARK ADDITION AT THE PRICE OF $7,500.
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling,
Parkinson, Ludwig, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
Mr. Cirswell stated that the condemnation action for
the acquisition of Jason Park would be filed this week.
City Attorney Criswell reported on a proposed agreement
with Mr. Gordon Hinds, Attorney, Pueblo, Colorado, for the recodi-
fication of the City of Englewood Ordinances. Mr. Criswell stated
that as well as recodifying the present ordinances, Mr. Hinds would
perform the service on a yearly basis for the City. Printing would
probably be accomplished through a city contract with an area printing
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Minutes of November 20, 1998"
firm.
COUNCILMAN PARKINSON MOVED, COUNCILMAN RICE SECONDED,
THAT THE CITY COUNCIL AUTHORIZE THE CITY ATTORNEY AND CITY MANAGER
TO CONTRACT WITH MR. GORDON HINDS, ATTORNEY, PUEBLO, COLORADO, FOR
THE RECODIFICATION OF THE CITY OF ENGLEWOOD .$ ORDINANCES. Upon
the call of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling,
Ludwig, Parkinson, Rice, Allen.
Nays: None.
Ab sen t: None.
The Mayor declared the motion carried.
councilman Parkinson reported to the Council on the
consideration of the licensing of CATV by his committee. Mr.
Parkinson stated that the committee recommends that the City of
Englewood pass two ordinances. The first would prohibit operation
of cable TV systems without first receiving approval by the City
Council of the City of Englewood in the form of a license or permit.
The second ordinance would grant to Mountain States Video, Inc.,
a non-exclusive, revocable permit and license to operate a CATV
system within the City of Englewood. Discussion ensued.
Introduced as a Bill by Councilman Ludwig,
A BILL FOR
AN ORDINANCE PROHIBITING THE OPERATION WITHIN THE
BOUNDARIES OF THE CITY OF ENGLEWOOD, COLORADO, OF A SYSTEM FOR
RECEPTION AND DISTRIBUTION OF PICTURES AND SOUNDS BY CABLE, SOME-
TIMES KNOWN AS A CABLE TELEVISION SYSTEM, WITHOUT RECEIVING FROM
THE CITY COUNCIL OF THE CITY OF ENGLEWOOD A PERMIT, LICENSE OR
FRANCHISE THEREFOR.
COUKCILMAK EUDWIG MOVED, COUNCILMAN PARKINSON SECONDED,
THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON
,_,_ ••••••. "t .......................... , ••. , ••••• '·' .... . AND ORDERED PUBLISHED IN
FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. 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 deciared the motion carried.
Introduced as a Bill by Councilman Parkinson,
A BILL FOR
FIRST READING
AN ORDINANCE GRANTING TO MOUNTAIN STATES VIDEO, INC., A
NON-EXCLUSIVE, REVOCABLE PERMIT AND LICENSE TO OPERATE WITHIN THE
CITY OF ENGLEWOOD, COLORADO, A SYSTEM FOR RECEPTION AND DISTRIBUTION
OF PICTURES AND SOUNDS BY CABLE, SOMETIMES KNOWN AS A CABLE TELEVISION
SYSTEM, AND PROVIDING CONDITIONS AND REGULATIONS RELATING THERETO.
COUNCILMAN PARKINSON MOVED, COUNCILMAN HANSON SECONDED,
THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING
WITH AN AMENDMENT TO SECTION TO SECTION 10 BY REMOVING THE WORDS,
"CITY ATTORNEY" FROM THE BILL AND INSERTING "DIRECTOR OF FINANCE,"
AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD A!.'1> ENTERPRISE.
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.
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Minutes of November 20, 1968'
Mr. Richard Banta, Attorney for Time-Life, Inc.,
appeared before the City Council and gave information concerning
the position taken by various municipalities towards the applica-
tions of Time-Life and Mountain States Video for CATV license.
Mr. Banta suggested that more than one license be granted by
governmental unit.
Mr. Dick Simon, Attorney for Mountain States Video, Inc.,
appeared before the Council. Mr. Simon stated that it was his
belief that Time-Life had no intention of going into the CATV
business. Mr. Simon presented a case for issuing only one CATV
permit.
Mr. Banta reappeared before the Council in rebuttal.
Mr. Banta stated that Time-Life is aincere in its application for
a CATV license. Discussion by City Council ensued.
Mr. Banta· reappeared before · Council and· req\tested that; ..
they authorize the introduction of an ordinance granting a license
for CATV to Time-Life, Inc. at its next meeting. The possibility
of holding a public hearing on the CATV ordinance prior to its
passage on final reading was discussed.
COUNCILMAN KREILING MOVED, COUNCILMAN RICE SECONDED,
THAT THE CITY COUNCIL HOLD A PUBLIC HEARING ON THE · ·PROPOSED BILL
FOR AN ORDINANCE GRANTING A LICENSE TO MOUNTAIN STATES VIDEO
FOR CATV ON DECEMBER 4, 1967 PRIOR TO THE BILL'S FINAL READING.
Discussion continued •. Upon the call of the roll, the vote re-
sulted as follows:
Ayes: Councilmen Kreiling, Rice.
Nays: Councilmen Fullerton, Parkinson, Ludwig,
Hanson, Allen.
Absent: None.
The Mayor declared the motion failed.
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City Attorney Criswell advised members of the Council
that if it desired to take action ;on the · Billi for an .Ordinance
rezoning the KLZ tract, action should probably be taken at this
meeting in view of the effective date of the ordinance.
City Attorney Criswell reported that he had referred
the proposed agreement between the First National Bank and the
City of Englewood for sanitary sewer service to the First National
Bank property to the south of and adjacent to City Hall, to Mr.
M. 0. Shivers, Attorney for the Water Board. Mr. Criswell stated
that Mr. Shivers desired to take the proposed agreement to the
Water Board, which will meet on Tuesday, November 21, 1967.
COUNCILMAN RICE MOVED, COUNCILMAN LUDWIG SECONDED,
THAT THE BILL FOR AN ORDINANCE REZONING THE KLZ TRACT BE
REMOVED FROM THE TABLE. 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.
COUNCILMAN LUDWIG MOVED, COUNCILMAN RICE SECONDED, THAT
THE BILL FOR AN ORDINANCE REZONING THE KLZ TRACT BE PASSED ON FINAL
READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND
ENTERPRISE. Councilman Fullerton reviewed with Council his points
of opposition to the rezoning. Councilman Fullerton also stated
that it is his wish that this final decision be defe·rred until the
installation of the new Council. Discussion ensued. City Clerk
Lyon read the proposed Ordinance by title:
BY AUTHORITY
ORDINANCE NO. 28, SERIES OF 1967
AN ORDINANCE AMENDING ORDINANCE NO. 26, SERIES OF 1963,
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Minutes of November 20, 1967
ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD,
AND THE ZONING MAP ATTACHED THERETO, TO RE-ZONE CERTAIN PROPERTY MORE
PARTICULARLY DESCRIBED THEREIN FROM R-1-A (SINGLE-FAMILY RESIDENTIAL
DISTRICT) TO R-3-A (MULTI-FAMILY RESIDENTIAL DISTRICT.)
Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Hanson, Ludwig, Rice, Allen.
Nays: councilmen Fullerton, Parkinson, Kreiling,
Absent: None.
The Mayor declared the motion carried.
councilman Fullerton requested that the City Attorney draw
up an ordinance for the January, 1968 council meeting rescinding the
passage of Ordinance No. 28, Series of 1967. Mr. Fullerton's request
was discussed. City Attorney Criswell stated that, in his opinion,
Mr. Fullerton's request that a Bill for an Ordinance rezoning the KLZ
property and, in effect, rescinding Ordinance No. 28, Series of 1967,
was a valid request. Mr. Criswell stated that, also, it was his opin-
ion that it would be necessary that another public hearing would have
to be held to affect the rezoning.
City Manager Dial presented the monthly financial report for
the month of October, 1967. Mr. Dial stated that the 1967 estimated
income may be exceeded by as much as ten thousand dollars ($10,000)
and that expenditures would fall under the original appropriations by
approximately forty-five thousand dollars ($45,000). Mr. Dial re-
viewed the 1967 departmental budgets with Council. He stated that the
only major problem appeared to be with the Park Department budget,
which will be over the 1967 appropriations by five to ten thousand
dollars ($5,000 -$10,000.t
City Manager Dial presented and discussed a memorandum dated
November 20, 1967 concerning the Traffic Signalization Program. He
stated that, contrary to previous anticipations, New Englewood, Limited,
had indicated that it would not participate in the development of the
traffic signals adjacent to the shopping center. It was the consensus
of Council that those intersections upon which New Englewood's support
had been anticipated be deleted from the program.
Mr. Elmer Schwab, 4795 South Inca, inquired whether the bid
specifications had been written so tight that no one besides the Eagle
Signal Company had been allowed to bid. City Manager Dial replied that,
to the best of his knowledge, specifications were not so written and
that no indications of this being the case had been received. Director
of Finance Lyon stated that his office had looked into the withdrawal
of two firms from bidding on the specifications. In one case, a firm
had been unable to meet the specifications on all equipment and had
been allowed to bid only on those items on which it was capable of
meeting the city's standards. In another case, a firm had indicated
it had declined to bid this time due to its present work load.
COUNCILMAN PARKINSON MOVED, COUNCILMAN LUDWIG SECONDED, THAT
THE BIDS RECEIVED FOR PARTS 1, 2, 3, and 9 AS SO NOTED IN THE CITY
MANAGERS MEMORANDUM BE ACCEPTED, AND THE MAYOR AND CITY CLERK BE AUTHOR-
IZED TO SIGN THE NECESSARY DOCUMENTS MAKING THE PURCHASE. Upon the ·call
of the roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Ludwig,
Kreiling, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
CERTIFICATE NO. 6, SERIES OF 1967
I, Stephen A. Lyon, Director of Finance, City of Englewood,
County of Arapahoe, State of Colorado, do hereby certify that the
following balance is unencumbered and available for appropriation within
the Public Improvement Fund:
Central Garage Account
Dated this 16th day of November, 1967
$40,000
/s/ Stephen A. Lyon
Stephen A. Lyon
Director of Finance
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Minutes of November 20, 1967
RESOLUTION NO. 40, SERIES OF 1967
A RESOLUTION TRANSFERRING CERTAIN MONIES WITHIN THE PUBLIC
IMPROVEMENT FUND TO THE TRAFFIC ·SIGNAL INSTALLATION PROGRAM.
(Copied in full in the official Resolution Book.)
COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SECONDED, THAT
RESOLUTION NO. 40, SERIES OF 1967, BE APPROVED. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Fullerton, Hanso~, Kreiling,
Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
City Manager Dial stated that bids had been taken on some
miscellaneous public improvements on the afternoon of November 20.
Mr. Dial presented a bid tabulation and stated that the lowest bid
which had been received was for fourteen thousand, six hundred two
dollars ($14,602). The amount appropriated for these projects was
$8,000. Mr. Dial reconunended that the Council defer action on the
construction project until 1968 when he hoped more favourable bids
would be received.
COUNCILMAN LUDWIG MOVED, COUNCILMAN FULLERTON SECONDED,
THAT THE PROPOSED CONSTRUCTION PROJECT BE TABLED. Upon the call of
the roll, the vote resulted as follows:
Ayes: councilmen Fullerton, Hanson, Kreiling, Ludwig,
Rice, Allen.
Nays: Councilman Parkinson.
Absent: None.
The Mayor declared the motion carried.
City Manager Dial informed members of the Council that the
2nd Conference on Air and Water Pollution will be held at the Brown
Palace on November 28, 1967.
City Manager Dial discussed the Parker and Underwood Study
concerning city water pressure with members of Council. Mr. Dial
indicated that in order to take advantage of the three to five percent
reduction in construction costs usually gained by bidding the project
early in the construction season, it would be necessary that a decision
be made as to which alternative within the study should be taken. Mr.
Dial stated that he reconunended that a special City Council meeting be
held a few days after the Water and Sewer Board meeting on November 21,
1967.
City Manager Dial presented to members of Council a memorandum
concerning City employee benefits. Mr. Dial stated that, other than
the Proposed Personnel Proqression Chart, which had been approved
earlier in the meeting, he had no major recommendation to make at this
time. He stated, however, that he would like to reconunend that the
City council revise the ordinance concerning City holidays by (1)
allowing that the holiday may be observed on a Friday when it falls
on a Saturday and (2) exchanging Lincoln's birthday for Colorado Day.
It was the consensus of Council that the City Attorney draw up separate
ordinances on the two proposals for presentation at the next meeting.
COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED,
THAT THE CONSIDERATION OF THE APPLICATIONS OF LUM'S AND THE BROOKRIDGE
PIZZA OVEN FOR LIQUOR LICENSES BE REMOVED FROM THE TABLE. 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.
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Manager Dial informed members of the Council that
on Air and WaterPollution will be held at the Brawtr~
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Members of the Council discussed the application of the
Brookridge Pizza Oven. It was the consensus that the City Attorney
prepare a resolution in favor of the Brookridge Pizza Oven liquor
license for consideration at the December 4, 1967 meeting.
City Council discussed the application of Lum's for a Beer
and Wine License. It was the consensus of Council that the City
Attorney be instructed to prepare a resolution denying the Beer and
Wine License for the proposed Lum's Restaurant, 90 West Belleview.
COUNCILMAN KREILING MOVED, COUNCILMAN HANSON SECONDED,
THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote
resulted as follows:
Ayes: Councilmen Fullerton, Hanson, Kreiling,
Ludwig, Parkinson, Rice, Allen.
Nays: None.
Absent: None.
The Mayor declared the meeting adjourned at 1:30 A.M.
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