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HomeMy WebLinkAbout1968-12-02 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO DECEMBER 2, 1968 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on December 2, 1968, at 8:15 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Jerry Springston of the First Christian Church. Pledge of Allegiance was led by Boy Scout Troop No. 333. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Absent: None. Note: Mr. Virgil T. Wells is no longer on the Council by Court ruling. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE MINUTES OF THE REGULAR MEETINGS OF NOVEMBER 4, 1968, AND NOVEMBER 18, 1968, BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab asked Mr. John Jameson, 11 Sunset Lane, to come before the Council. RESOLUTION NO. 47, SERIES OF 1968 A RESOLUTION EXPRESSING THE APPRECIATION AND GRATITUDE OF THE CITY OF ENGLEWOOD TO JOHN JAMESON. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 47, SERIES OF 1968, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Mayor Schwab presented to John Jameson a plaque as a token of the City's and Council's appreciation. Mr. John Jameson thanked Mayor Schwab and gave a brief recount of some of his experiences with the City while editor of the Englewood Herald and Enterprise. * * * * * * 313 314 Minutes of the December 2, 1968, regular meeting. Mayor Schwab recognized the following from the list of "Special Citizen Program Invitees": Mr. and Mrs. Stanley I. Walters, 2771 South Pennsylvania Street, Englewood, Colorado. Mr. and Mrs. L. D. Funk, 4895 South Huron Street, Englewood, Colorado. * * * * * * Mrs. Thelma Sillasen, 145 Forest, and Mrs. Roseanne Ball, 752 High Street, appeared before City Council and requested a transfer of the GEM liquor license to a corporation, GEM Liquors, Inc., and renewal of said license for 1969. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE TRANSFER OF STOCK AND RENEWAL OF THE LIQUOR LICENSE FOR GEM LIQUORS, INC., 5450 SOUTH BROADWAY, FOR 1969, BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mr. Robert Whealen, 459 Eudora, before City Council and requested renewal for Hey Louie's, 5180 South Broadway, and in corporation officers. Denver, Colorado, appeared of the liquor license approval of a change COUNCILMAN LONE MOVED, COUNCILMAN DHORITY SECONDED, THAT THE LIQUOR LICENSE OF HEY LOUIE'S, 5180 SOUTH BROADWAY, BE RENEWED FOR 1969 AND THAT THE CHANGE OF CORPORATION OFFICERS BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Mr. Harvey H. Mayer, 4860 South Galapago, a member of the Career Service Conunission, appeared before City Council and read a letter dated November 27, 1968, to the Council per- taining to an ordinance which would place the Personnel Director under the City Manager. The letter recommended that the City Council delay any further action regarding this proposed ordinance until a meeting could be arranged between the council and the Career Service Board. Councilman Parkinson stated that it was not the Council's intention to take action without discussing the proposed ordinance with the Career Service Board. Mr. Reece Braun, 3173 South Ogden, a member of the Career Service Camnission, appeared before City Council and stated that the City council should postpone any decisions on the proposed ordinance until the Career Service Board and Council could meet. * * * * * * I I I I I I I I Minutes of the December 2, 1968, regular meeting~ COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING ON THE 3.2 BEER LICENSE APPLICATION FOR DEL FARM, 4160 SOUTH BROADWAY, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing opened at 8:37 P.M. (Note: A tape recording of the public hearing with transcription notes is on file in the office of the City Clerk.) Set forth below in order of appearance are those individuals presenting material to the City Council for their consideration in the license application. Listed below each tndividual are the exhibits submitted. Director of Finance Lyon appeared before City Council in regard to the application. Exhibit No. 1 Del Farm folder containing: appli- cation, two checks: memorandum to Jack Clasby, Chief of Police, con- cerning application: affidavit of advertisement of public hearing: three letters of recommendation: letter from Jack Clasby regarding police and FBI investigations: a letter to Mr. Albert J. Elio indicating no record of felony con- viction: and a listing of all liquor and 3.2 beer licenses in the City of Englewood. Mr. Gerald Quiat, attorney, 1045 First National Bank Building, appeared in behalf of the applicant. Mrs. Lucile Turner, 625 South Clinton, appeared before City council. Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Six petitions circulated by Mrs. Turner containing 363 signatures - all residents of Englewood. (Count unverified) One petition passed by Mrs. Ginsberg, 150 Grape, Denver, Colorado. Fifteen petitions circulated within the Del Farm store. Mrs. Cathy Yost, 2576 South Bannock, appeared before City Council on behalf of the application. Eleven Del Farm checkers who circulated petitions were presented to City Council. Mr. Ronald Cook, 5171 South Grant, assistant manager of the Del Farm store, appeared before Council on behalf of the application. Mr. Al Elio, 7469 Bryant, manager of the Del Farm store, appeared before City Council. Mr. Joseph Leyden, 1728 Jasmine, appeared before City Council. The following residents appeared before City Council on behalf of the application: Mr. and Mrs. Gerald Hughes, 4650 South Acoma, Englewood, Colorado. Mr. and Mrs. Tom Lechman, 933 West Stanford, Englewood, Colorado. Mr. John Egan, 4160 South Pearl, Englewood, Colorado. 315 316 Minutes of the December 2, 1968, regular meeting. Colorado. Colorado. Colorado. Colorado. Colorado. Colorado. Colorado. Colorado. Colorado. Colorado. Colorado. Mr. Bill Frazier, 4077 South Washington, Englewood, Mrs. Betty Cook, 5171 South Grant, Littleton, Colorado. Mrs. Alice Peterson, 5191 South Grant, Littleton, Mrs. Barbara Wilson, 5170 South Grant, Littleton, Mr. and Mrs. George Golter, 2961 South Bannock, Englewood, Mr. Ronald Fitzgerald, 3900 South Huron, Englewood, Mrs. Coleen Craig, 4111 South Delaware, Englewood, Mrs. Mary Mccaslin, 4273 South Delaware, Englewood, Mrs. Mary Fitzgerald, 3900 South Huron, Englewood, Ms. Arlette Peterson, 4121 South Cherokee, Englewood, Mrs. Mary Lou Fitzgerald, 4121 South Cherokee, Englewood, Mrs. Betty Ann Smith, 4175 South Elati, Englewood, Mrs. Peggy Miller, 4155 South Inca, Englewood, Colorado. Mr. James Smith, 4175 South Elati, Englewood, Colorado. Mrs. Fay Romine, 4261 South Logan, Englewood, Colorado. Mr. Danny True, 2962 South Josephine, Denver, Colorado. Mr. M. M. Summers, 3140 South Delaware, appeared before City Council in opposition to the 3.2 beer license application. Exhibit No. 5 Petitions containing 430 signatures, 283 of which were people living within a three block area of the proposed 3.2 beer outlet. (Count unverified) Mr. Donald Huey, 3764 South Bannock, appeared before City Council in opposition to the 3.2 beer license application. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE 3.2 BEER LICENSE APPLICATION FOR DEL FARM, 4160 SOUTH BROADWAY, BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing closed at 9:30 P.M. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE 3.2 BEER LICENSE APPLICATION FOR DEL FARM BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of the December 2, 1968, ~egular meeting. The minutes of the Election Camnission meeting of November 15, 1968, were received for the record. * * * * * * The minutes of the Planning and Zoning Commission meeting of November 6, 1968, were received for the record. * * * * * * The minutes of the Board of Career Service commissioners meeting of November 21, 1968, were received for the record. * * * * * * The minutes of the Denver Regional COG Water Study Conunittee meeting of September 30, 1968, were received for the record. * * * * * * A time schedule for completion of Paving District No. 17 was received for the record. * * * * * * A time schedule for completion of Sidewalk Improvement District No. 68 was received for the record. * * * * * * ORDINANCE NO. 42, SERIES OF 1968 AN ORDINANCE APPROPRIATING SUMS FOR ALL MUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING JANUARY 1, 1969, AND ENDING DECEMBER 31, 1969, CON- STITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 1969. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 42, SERIES OF 1968, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * ORDINANCE NO. 43, SERIES OF 1968 AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1969. (Copied in full in the official Ordinance Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 43, SERIES OF 1968, BE PASSED ON FINAL READING AND ORDERED PUBL:CSHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 317 318 Minutes Qf the December 2, 1968, regular meeting. COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCE ON FINAL READING PLACING THE PERSONNEL DIRECTOR UNDER THE CITY MANAGER BE TABLED PENDING DISCUSSION WITH THE CAREER SERVICE BOARD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority. Nays: Councilmen Lay, Schwab. Absent: None. The Mayor declared the motion carried. * * * * * * City Attorney Criswell read the following bill for an ordinance which is to be substituted for the previous bill for an ordinance concerning progression of employees in the Police Department. Introduced as a Bill by councilman Lone and read in full, A BILL FOR AN ORDINANCE AMENDING SECTION 6. 4-5 '(b) , AS AMENDED BY ORDINANCE NO. 34, SERIES OF 1968, TO PROVIDE FOR THE PROGRESSION OF EMPLOYEES IN THE POLICE DEPARTMENT CLASSIFIED AS PATROLMEN, FROM PATROLMEN FOU1tTH CLASS THROUGH PATROLMEN FIRST CLASS, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6.7-31 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, AND TREATING SUCH PROGRESSION AS ANNIVERSARY INCREASES. COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SE~ONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE SUBSTITUTED FOR THE PRE- VIOUS BILL FOR AN ORDINANCE CONCERNING PROGRESSION IN THE FOLICE DEPARTMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 48, SERIES OF 1968 A RESOLUTION APPROVING APPLICATION OF JOHN L. DAVID FOR A HOTEL AND RESTAURANT LIQUOR LICENSE TO BE LOCATED AT 1001 WEST HAMPDEN AVENUE, ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 48, SERIES OF 1968, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority. Nays: Councilman Schwab. Absent: None. The Mayor declared the motion carried. * * * * * * City Attorney Criswell reported on the annexation petition submitted by the Conservative Baptist Theological Seminary. Mr. Criswell referred to a letter received from the petitioner's attorney which withdrew the zoning condition placed on the petition and amended the legal description of the property. I I I I I I I I Minutes of the December 2, 1968, regular meeting. RESOLUTION NO. 49, SERIES OF 1968 A RESOLUTION ACCEPTING PETITION FOR ANNEXATION AND DETERMINING THAT THE SAME SUBSTANTIALLY COMPLIES WITH THE PRO- VISIONS OF CHAPl'ER 139, ARTICLE 21, COLORADO REVISED STATUTES, 1963, AS AMENDED, AND REFERRING THE SAME TO THE PLANNING AND ZONING COMMISSION FOR RECOMMENDATION. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 49, SERIES OF 1968, BE ADOPTED AND APPROVED AND THAT THE CITY ATTORNEY DRAW UP AN ORDINANCE ON THE APPROPRIATE ZONING FOR CONSIDERATION AT THE NEXT CITY COUNCIL MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 26, SERIES OF 1968, ALSO KNOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ZONING MAP ATTACHED THERETO, TO PLACE CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED THEREIN WHICH HAS RECENTLY BEEN ANNEXED TO THE CITY OF ENGLEWOOD IN THAT ZONE DISTRICT KNOWN AS R-3-B (MULTI-FAMILY RESIDENTIAL). * * * * * * City Attorney Criswell reported on Paving District No. 18. Mr. Criswell stated that all petitions were successful and that more information would be available at the next meeting. * * * * * * City Attorney Criswell stated that discussions with the First National Bank of Englewood concerning an agreement which would provide sewer service to their property located at the northeast corner of Colorado 70 and Elati had been completed. Mr. Criswell stated that an agreement had been prepared whereby the First National Bank would convey a sawer to be constructed to the City of Englewood and that the City would agree to charge not less than $2,000 for each additional tap in said sewer: the City would also agree to pay First National Bank $2,000 for each tap for the first five years of the agreement but never would the amount paid to the First National Bank exceed 50% of their cost of the construction of the sewer. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE SEWER AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE FIRST NATIONAL BANK AS DESCRIBED BY CITY ATTORNEY CRISWELL BE APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 319 320 Minutes of the December 2, 1968, regular meeting. City Attorney Criswell stated that the City's Municipal Judge, Mr. Robert Kelley, and Assistant City Attorney, Mr. Robert Gallagher, would be leaving the City to assume posts of District court Judge and District Attorney, respective!. Mr. Criswell stated that it might be appropriate for the City to express its appreciation to them before the first of the year. councilman Dhority requested1..:that!1 .the :~city Attorney prepare a resolution expressing the City's appreciation and that the Assistant City Attorney and Municipal Judge be invited to attend the next City Council meeting to receive this notice. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ON THE ZONING OF KENT VILLAGE 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 Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * . ' City Manager Dial requested Council's approval of the City's application to the State Land and Water Conservation Fund for financial assistance in the developnent of a golf-park complex. Mr. Dial reviewed the application and stated that the cost of acquisition and deve4opment was estimated at $1,289,400. Mr. E. P. Romans, Director of Parks and Recreation, appeared before City Council in regard to the golf-park complex. Discussion ensued. RESOLUTION NO. 50, SERIES OF 1968 A RESOLUTION AUTHORIZING APPLICATION TO THE STATE LAND AND WATER CONSERVATION FUND FOR FINANCIAL ASSISTANCE IN THE DEVELOPMENT OF A GOLF-PARK COMPLEX. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT RESOLUTION NO. 50, SERIES OF 1968, BE ADOPTED AND APPROVED, AND THAT APPLICATION TO THE STATE LAND AND WATER CONSERVATION FUND BE MADE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Kreiling, Dhority, Schwab. Nays: Councilman Lay. Absent : None. The Mayor declared the motion carried. * * * * * * City Manager Dial reported that the Rocky Mountain Section of the American Water Works Association had given the City of Englewood's Water Department an award of merit for its superior safety record over the past year. * * * * * * City Manager Dial stated that a number of transfers would be necessary from certain departments which were under their 1968 budgets to the Parks Department and a few other departments which would be over their budgets. * * * * * * I I I I I I I I Mayor Schwab stated that he had received a letter and telephone call from Mr. Robert F. Kelley, Englewood's Municipal Judge, concerning his appointment to the Colorado Supreme Court and resignation as Municipal Judge. In his letter of November 27, 1968, Mr. Kelley stated that it would be in the best interest of the Court and the City of Englewood if his resignation be tendered at this time and that the Council consider appointing Judge Hayden A. Swearingen to the position of Municipal Judge. (Note: Mr. Robert F. Kelley's letter of resignation is copied in full in the official minutes.) November 27, 1968 Honorable Mayor Elmer Schwab and the Englewood City council Englewood City Hall Englewood, Colorado 80110 Dear Mayor Schwab and Gentlemen of the City Council: I have been appointed to fill the vacancy which will be created by the appointment of District Judge Robert B. Lee to the Colorado Supreme Court. This appointment will become effective January 14, 1969, and it would not be possible for me to continue serving as Englewood Municipal Judge after that time. Ordinarily, it would be my intention to continue serving as Municipal Judge until the middle of January and thereby complete seven full years in that capacity. However, I have been unable to devote a sufficient amount of time to my duties as Municipal Judge over the past several months and because I am now in the process of attempting to con- clude as many of the matters in progress as possible, I doubt that there will be a significant change in this situation. Therefore, it would seem in the best interest of the Court and the City of Englewood that I tender my resignation at this time with the request that it be acted upon by the Council at its first opportunity. With regard to the appointment of a replacement, I would respectfully call the Council's attention to the fine manner in which Judge Hayden A. Swearingen has been fulfilling the duties as Associate Municipal Judge. With the exception of just a few court days, Judge Swearingen has handled the entire business of the Court for the past eight months. If the Council were disposed to appoint Judge Swearingen, I would feel that the Court was in good hands. Serving as Englewood's Municipal Judge for several years has been both an honor and a pleasure to me, and I have enjoyed being a part of the "family" of City employees. Sincerely yours, /s/ Robert F. Kelley Robert F. Kelley RFK:lc COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT JUDGE HAYDEN A. SWEARINGEN BE APPOINTED TO THE POSITION OF ENGLEWOOD MUNICIPAL JUDGE AND THAT THE RESIGNATION OF ROBERT F. KELLEY BE ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 321 322 Minutes of the December 2, 1968, ~egular meeting. councilman Parkinson discussed a letter dated November 26, 1968, from City Manager Dial concerning Federal aid available to the City of Englewood. It was the consensus of council that the City Manager give further study to the exploration of the Federal aid programs available to the City. * * * * * * Councilman Dhority discussed the possibility of attending the National League of Cities' Convention in New Orleans, Louisiana beginning on December 6, 1968. Mr. Dhority indicated that he wished to go; and he would know whether this would be possible on December 3. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN LONE SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the meeting adjourned at 10:55 P.M. Clerk of the council I I I I