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Home My WebLink About1968-04-15 (Regular) Meeting Minutes174 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 15, 1968 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 15, 1968. Mayor Schwab, presiding, calied the meeting to order. The invocation was given by Father Brenn, St. Louis ·catholic Church. Boy Scout TroQp 136 led the Pledge of Allegiance. The Mayor asked for roll call. Present: Councilmen Dhority, Fullel:on, Kreiling, Lay, Lone, Schwab. Absent: None. The Mayor declared a quorum present. meeting. Also present: City Manager Dial, Assistant City Manager Mack, Assistant City Attorney Eitel, City Clerk .Lyon. There were no special invitees present at the Mr. William Parker of Parker & Associates, Greeley, Colorado, appeared before City Council in regard to the 1968 Water Pressure Improvement Program. Mr. Parker presented and discussed with members of the Council the following iter111: (a) time schedule, (b) final estimate for construction, (c) comparison of the preliminary and final estimates. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY BE AUTHORIZED TO ADVERTISE FOR THE BIDS ON THE 1968 WATER PRESSURE IMPROVEMENT PROGRAM. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Manager Dial stated that he would anticipate opening of the bids on May 14 or 15. A memorandum from the Planning and Zoning Com- mission concerning the vacation of the 3500 block of South Inca Street -South Jason Street alley was received for the record. It was noted that Mr. Jerry Daniels, representing Goorman Investments, Inc., was not in attendance and that he would be present at the next meeting. COUNCILMAN FULLERTON MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE APPLICATION OF SAFE- WAY STORES, 125 EAST HAMPDEN, FOR A 3.2 BEER LICENSE BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the public hearing opened at 8:25 P.M. I I I I I I I I Listed below in sequence of appearance and pre- sentation are those testifying and the exhibits filed with with the City Council. Stephen A. Lyon, Director of Finance. Exhibit #1. Exhibit #2. Exhibit #3. Exhibit #4. Exhibit #5. Exhibit #6. Application for license with checks and letters of refer- ence. Map and list of present liquor outlets within the City. Applicant's Certificate of Incorporation. Lease of 125 East Hampden. Report of police investigation of applicant. Publisher's Affadavit of Notice of Public Hearing. Mr. Leo Bradley, Sttorney for Safeway Stores. Jlr. Kenneth Worl, 1349 Lima. Exhibit #7. Petitions circulated within the store in the last three weeks. (741 signatures reported. Not certified as to circulztion.) Mr. Leo Bradley, Safeway Stores. Exhibit #8. Map of area surrounding Safeway Stores -10 block radius. Plots geographic (by S's) distribution of signatures on Exhibit #7. Exhibit #9. October 21, 1967 aerial photo area. Mr. Busshore, cashier, 3092 South Josephine. Mr. James Richey, Public Relations Mgr., Denver Division, Safeway Stores, 3092 South Josephine. Mr. Leo Bradley, Safeway Stores. Exhibit #10. Original letters of recommenda- tion. Those appearing in opposition: Mr. M.M. Summers, 3140 South Delaware. Exhibit #11. Petitions against the liquor application. (330 signatures reported. Not certified as to circulation.) Mr. Donald L. Hughey, 3764 South Bannock. Exhibit #12. 1st Baptist Church, 3170 South Broadway. Letter form Dr. L. J. Power authorizing Mr. Hughey. to represent the 1st Baptist Chruch. Rebuttal: Mr. Leo Bradley, to opposition. Rebuttal: Mr. M.M. Sununers and .Mr. Donald L. Hughey, to applicant. COUNCILMAN LAY.MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the public hearing closed at 9:50 P.M. 175 176 . ' COUNCILMAN FULLERTON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE APPLICATION OF SAFEWAY STORES, 125 EAST HAMPDEN, FOR 3.2 BEER LICENSE BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. The minutes of the Parks and Recreation Conunission meeting of March 28, 1968 with a memorandum attached con- cerning approval of expenditures for the balance of the Park Improvement Replacement Program were received for the record. A memorandum dated April 3, 1968 regarding the Park Improvement Fund projected cash flow was received for the record. COUlfCIUIAll KRBILIRCJ MOVBD, COUNCILMAN LAY SECONDED, THAT THE PARK IMPROVEMENT FUND BUDGET BE ADOPTED IN PRINCIPLE AS RECOMMENDED BY THE PARKS AND RECREATION COMMISSION. Upon t he call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Manager Dial informed members of City Council that the City hoped to open bids for the construction of Dartmouth Park on April 14 or 15. The minutes of the Planning and Zoning Commission meeting of March 20, 1968 were received for the record. A memorandum from the Planning and Zoning Commis- sion dated April 3, 1968 regarding out-of-state convention attendance was received for the record. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE REQUEST OF THE PLANNING AND ZONING COMMISSION REGARDING OUT OF STATE TRAVEL TO THE ASPO CON- VENTION IN SAN FRANCISCO FOR THE PLANNING DIRECl'OR AND ONE MEMBER OF THE COMMISSION BE APPROVED. After discussion, it was the consensus of Council that Department Heads and other employees attending conferences and conventions be requested to submit a synopais of the meeting for the edifica- tion of City Council. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhorj_ty, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: Nom • Absent: None. The Mayor declared the motion carried. The minutes of the Board of Adjustment and Appeals meeting of March 13, 1968 were received for the record. The Mayor called a recess at 10:15 P.M. Council reconvened at 10:30 P.M. Upon the call of the roll, the following were present: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. The Mayor declared a quorum present. I I I I I I I I ORDINANCE NO. 15, SERIES OF 1968 AN ORDINANCE AMENDING 16.3 AND 16.4 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO ESTABLISH AN INCREASED SALARY AND WAGE SCHEDULE FOR ALL MUNICIAPL EMPLOYEES IN THE CLASSIFIED SERVICE, TO PROVIDE FOR ADDITIONAL WAGES FOR EMPLOYEES IN THE FORM OF LONGEVITY COMPENSATION, TO MAKE ANY INCREASED COMPENSATION RESULTING FROM THE ADOPTION OF ANY PAY PI.aAN BY CITY COUNCIL PRIOR TO MAY 1, 1968 RETR9ACTIVE TO MARCH 1, 1968, AND DECLARING AN EMERGENCY. (Copied in full in the Official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN FULLERTON SE- CONDED, THAT ORDINANCE NO. 15, SERIES OF 1968, BE PASSED ON SECOND AND FINAL READING AND ORDERED PUBLISHED FOR THE FIRST AND FINAL TIME IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. RESOLUTION NO. 19, SERIES OF 1968 A RESOLUTION AMENDING PARAGRAPH 3 OF RESOLUTION NO. 18, SERIES OF 1968, WHICH ADOPTS AND APPROVES A PAY PLAN FOR MUNICIPAL EMPLOYEES IN THE CLASSIFIED SERVICE PURSUANT TO THE PROVISIONS OF 16.6-13 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SE- CONDED, THAT RESOLUTION NO. 19, SERIES OF 1968, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. v Absent: None. "' The Mayor declared the emotion carried. Assistant City Attorney Eitel informed members of City Council that the present agreement between the City of Englewood and School District #1 for the Sinclair out- door pool did not include an area adjacent to the pool which the City wishes to sod. Mr. Eitel reconanended that the Joint Recreation Agreement between the City of Englewood and School District #1 be amended to include sufficient property for this work. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SE- CONDED, THAT THE CITY CLERK APPROVE AN AMENDMENT TO THE JOINT RECREATXON AGREEMENT CONCERNING SINCLAIR POOL WHEREBY SUFFICIENT PROPERTY WOULD BE INCLUDED FOR THE SODDING ADJACENT TO ftlE POOL AND, FURTHER, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE SAID AGREEMENT. Upon the call···of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. 177 178 Assistant City Attorney Eitel stated .that the City Attorney had been authorized to proceed with the acquisi- tion of three properties, Lots No. 14,15, and 16, Belle Isle Gardens, on West Tufts in connection with Paving District No. 17. Mr. Eitel presented an agrement which would acquire one of the properties which is owned bya Mrs. Miller. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SE- CONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORISED TO. EXECUTE AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND MRS. MILLER FOR THE ACQUISTION OF SAID PARCEL FOR P.D. 17. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Assistant City Attaorney Eitel reported to City Council that the City of Englewood's ordinances concerning gambling were broad and comprehensive and would exclude an operation similar to that which had been proposed to City Council by a Mr. Sams, 5297 South Crocker, Littleton, at the last meeting. Mr. Eitel stated that the State Statutes are comparable to the City of Englewood's and that he had learned that the statutes were not enforced for carnivals and other similar operations. Mr. Eitel's report was dis- cussed by members of the City Council. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY ATTORNEY BB· INSTRUCTED TO RESEARCH, IN CONJUNCTION WITH THE NUMICIPAL PROSECUTING ATTORNEY GALLAGHER, CITY MANAGER DIAL, AND POLICE CHIEF CLASBY, WHETHER A POLICY MIGHT BE ADOPTED WHICH WOULD CONSTURE THE ORDINANCE LIBERALLY PURSUANT TO THAT POLICY OF THE STATE OF COLORADO AND, FURTHER THAT THE RESULTS OF SAID RESEARCH BE REPORTED TO THE CITY COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Assistant City Attorney Eitel reported that the City Attorney's office was negotiating with Mr. Hayutin con- cerning the details of a preliminary injunction to halt the removal of the Englewood Dam. Mr. Eitel discussed the clauses within the injunction which would ••ave and hold harmless" Mr. Hayutin during the period of the injunction. COUNCILMAN PARKINSON MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN ANY NECESSARY "SAVE AND HOLD HARMLESS" AGREEMENTS WITH MR. HAYUTIN IN RELATIONSHIP TO THE INJUNCTION AND FURTHER, THAT THE CITY COUNCIL APPROVE AND AUTHORIZE SAID AGREEMENT. Upon the call of the roll call, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Assistant City Attorney Eitel reported that the City was in possession of a check for $178 from the condem- nation of the Zamora property for Paving District No. 16. Mr. Eitel inquired whether it was the desire of Council that the $178, which represented a water lein against the Zamora property, should be used to settle the condemnation Commission- ers' s fees. It was the consensus of Council that the $178 I I I I I I I I be paid to the Water Fund and the Conanissioners' fees on the zoning hearing be paid from the remaining appropriation for Paving District No. 16. City Manager Dial presented a survey of (1) the liquor and occupational taxes of surrounding conununities, (2) sales tax applicability on food, liquor, and lodging, and (3) estimated revenue to the City of Englewood from extension of the 1% Retail Sales and Use Tax to these items. City Manager Dial reported that the City of Engle- wood bad budgeted $60,000 in the Special Improvement Fund for the purchase of an aerial platform for the Fire Department. Mr. Dial indicated that, prior to delivery of the vehicle, additional expenditures would be incurred in the form of remodeling the present Fire Station and providing additional men to operate the equipment. Fire Chief Sovern appeared before City Council and discussed the preparation of specifications. City Manager Dial presented a memorandum from Director of Public Work• Waggoner concerning the usage of the one-half mill County Road and ~ridge Levy granted annually to the City of Englewood. It was the consensus of Council that a portion of the money be applied to the seal coating of South Sante Fe Lane from Tufts to Quincy, and East Jefferson Drive from Logan to Clarkson. The expenditure of the rest of the levy was to be discussed at a future Council meeting. City Manager Dial reported to City Council that the City was ready to requisition for reimbursement the current land acquisition of Englewood-Belleview Addition from the State Land and Water Conservation Fund. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN A REQUISITION TO THE STATE LAND AND WATER CONSERVATION FUND FOR REIMBURSEMENT OF EXPENSES INCURRED TO DATE IN ACQUISITION OF ENGLEWOOD-BELLEVIEW ADDITION PROPERTY. Upon the call of roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Manager Dial reported that preliminary approval had been received from the State of Colorado for a reimburse- ment of $10,000 for the development of Englewood Belleview Addition. Mr. Dial stated that the City's application ·had been forwarded to Waahington, D.C., and that, in order to obtain the $10,000 grant, it would be necessary to delay construction of the addition until a final ruling is made. Mr. Dial stated that this would delay the development an estimated three months. He inquired of Council whether they wished to proceed with the inunediate development and forego the $10,000 in revenue or delay the project until a ruling had been received from Washington, D. c. It was the con- sensus of Council to forward the matter to the Parks & Recreation Conanission for their recommendation. City Manager Dial requested authorization for the Mayor and City Clerk to sign an agreement with the State which would qualify expenditures in the development of Dun- can Park for reimbursement. COUNCILMAN FULLERTON MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE PROPOSED AGREEMBNT WITH THE STATE OF COLORADO. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. 179 180 ' ' ' City Manager Dial presented a memorandum concern- ing a temporary mobile home and camper park which would be placed on School District #1 property for the Colorado Gem and Mineral Show on June 15, 1968. COUNCILMAN DHORITY MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE CITY OF BNGLEWOOD GRANT A TEMPORARY VARIANCE FOR THE PLACEMENT OF THE MOBILE HOMES AND CAMPERS IN A R-1-C ZONE FOR JUNE 15-16 FOR THE COLORADO GEM SHOW SUBJECT TO REQUIREMENTS OF THE CITY OF ENGLEWOOD FOR AN UNDERTAKING OF THIS NATURE. Upon ,the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, S~hwab. Nays: None. Absent: None. The Mayor declared the motion carried. COUNCILMAN LONE MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE APPLICATION OF THE PEANUT BARREL, 3525 SOUTH HURON STREET, FOR A THREE-WAY LIQUOR LICENSE BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayesp Councilman Dhority, FullertOI), Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. City Council discussed the application at length. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY ATTORNEY BE INSTURCTED TO PREPARE A RESOLUTION GRANTING THE LICENSE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lone, Parkinson. Nays: Councilmen Lay, Schwab. Absent: None. The Mayor declared the motion carried. City Manager Dial informed members of the City Council of the Student Government Day events to be held on April 25, and the fact that members of the Student Government City Council would participate in the Englewood City Council meeting on May 6. City Manager Dial presented a memorandum from the Director of Finance dated April 15, 1968 which projected and discussed the effect of the Water Pressure Improvement Program and other operations on the Water Fund Current Assets balance. City Manager Dial reported that a meeting would be held in Boulder on May 16, 1968 to discuss refuse disposal. Mayor Schwab .recognized Mrs. Celia Mr. Perry, 2349 West Harvar, Mrs. Macine Stanley, 2310 W. Harvard, and Mr. Wilkin, 2170 West Baker, who were in attendance at the Council meeting. Mayor Schwab stated that he had received a letter from Mr. Ed Olde, 3395 South Bannock, which tendered Mr. Olde's resignation as Deputy City Prosecutor. COUNCILMAN LONE MOVED, COUNCILMAN FULLERTON SECONDED THAT THE RESIGllATION OF MR. ED OLDE BE ACCEPTED. Upon the call of the roll, the vote resulted as follae: Ayes: Councilmen Dhority, Fullerton, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. I I I ' I . I I I I I I Absent: None. The Mayor declared the motion carried. Members of City Council discussed various storm sewer problems within the City of Englewood. COUNCILMAN KREILING MOVED, COUllCILMAN FULLERTON SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Dhority, Fullerton, Krei.ling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. 181