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HomeMy WebLinkAbout1969-02-17 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO FEBRUARY 17, 1969 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on February 17, 1969, at 8:00 P.M. Mayor Pro Tern Dhority, presiding, called the meeting to order. The invocation was given by Reverend Richard Westwick of the Bethany Lutheran Church. Pledge of Allegiance was led by Boy Scout Troop No. 333. The Mayor Pro Tern asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Absent: Mayor Schwab. The Mayor Pro Tern declared a quorum present. Also present were: City Manager Dial, City Attorney Criswell, City Clerk Lyon. * * * * * * Mr. Joseph Valerio, employee of U Tote M, 123 East Belleview, appeared before City Council requesting renewal of their 3.2 beer license. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE APPLICATION FOR RENEWAL FOR A 3.2 BEER LICENSE FOR U TOTE M, 123 EAST BELLEVIEW, FOR ONE YEAR BEGINNING ON MARCH 20, 1969, BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried. · * * * * * * Mr. Joseph c. Medina, 3505 Morrison Road, attorney for Mr. c. Edward Duran, 1829 South Quay, appeared before City Council on behalf of Mr. Duran. Mr. Medina requested the approval of the transfer of the retail liquor store license of Englewood Liquor Store from Mr. Conrardy, 495 Pennwood Circle, to Mr. Duran. Mr. Duran appeared before City Council and discussed the transfer. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE APPLICATION FOR TRANSFER OF THE ENGLEWOOD LIQUOR STORE LICENSE FROM MR. CONRARDY TO MR. DURAN BE APPROVED CONTINGENT UPON RECEIPT OF A STAISFACTORY FBI REPORT AND THAT THE APPLICANT RECEIVES AUTHORIZATION TO OCCUPY THE PREMISES. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion c .arried. * * * * * * 363 364 The minutes of the regular meeting of February 17, 1969. Mr. Ray Printz, 3314 West Grand, representing the Englewood Municipal &nployees' Asso~iation, appeared before Council and read a letter from the Employees' Association requesting that the City Council study and evaluate the present Career Service system in relationship to the proposal to place the Personnel Director under the City Manager. (Note: The letter is copied in full in the official minutes.) Mr. Printz discussed the letter from the Employees' Association with the City Council. At the conclusion, it was suggested that the City Manager meet with the Employees' Association and explain the proposed change and the reasons there- for to the Association. TO: Members of the Englewood City Council FROM: Englewood Employees' Association DATE: February 17, 1969 -. The City of Englewood Employees' Association would like to express their sincerest appreciation for the recently adopted employees pay plan. We are confident that the many ho~rs of work that went into the study and evaluation sessions was well spent toward achieving a staisf ied and proud work force. The Employees' Association would at this time like to take a position concerning the proposed ordinance which would remove the personnel director from the direct control of the Career Service Board and place him beneath the control of the City Manager. With all due respects to the City Manager and the Career Service Board, the Employees' Association would like for the City Council to consider a study which would evaluate our present system and also to evaluate the proposed system. Then after a sufficient study period, reconanendations can be made concerning our present system or the adoption of the proposed ordinance as stated. The City of Englewood employees feel that pride in, and dedication toward their job is a vital and necessary ingredient in fulfilling the needs of our fine conununity. We present this statement of purpose with all due respects. Respectfully submitted, The Englewood Employees' Association /s/ Bill Todd Isl Ray Printz Secretary EEA Representative * * * * * * Two memoranda from the Planning and Zoning Conanission reconanending an easement vacation and removal of restrictive covenants on First National , Bank property with a letter from Mr. Malone of Simon, Kelley, Hoyt and· Malone concerning the above were received for the record. RESOLUTION NO. 9, SERIES OF 1969 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER TO THE PRESENT OWNER OF CERTAIN REALTY A QUIT CLAIM DEED TO SAID REALTY FOR THE SOLE AND ONLY .PURPOSE OF RE- LEASING SAID REALTY FROM THOSE RESTRICTIVE COVENANTS CREATED BY THAT LEASE AND OPTION AGREEMENT RECORDED IN BOOK 1653 AT PAGE 100 OF THE PUBLIC RECORDS OF THE COUNTY OF ARAPAHOE, STATE OF COLORADO, AND AUTHORIZING THE SAID MAYOR AND CITY CLERK TO ACCEPT, IN LIEU THEREOF, A "DECLARATION OF PROTECTIVE COVENANTS". (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 9, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: I I I I I I I I The minutes of the regular meeting of February 17, 1969. Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried. Introduced as a Bill by Councilman Lone and read in full, A BILL FOR AN ORDINANCE VACATING EASEMENTS OVER AND ACROSS LOTS 10 THROUGH 13, INCLUSIVE, BLOCK 1, McKINLEY'S SUBDIVISION, SECOND FILING. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST 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, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried. * * * * * * A memorandum from Stanley H. Dial, City Manager, regarding the projected 1969 financial condition of the General and Public Improvement Funds was received for the record. * * * * * * The monthly financial report was received for the record. * * * * * * A memorandum from Stanley H. Dial, City Manager, regarding the abandonment of municipal garbage collection service was received for the record. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE CITY COUNCIL AUTHORIZE THE CITY MANAGER TO GIVE NOTICE TO MR. HANSEN OF THE CITY'S INTENT TO CANCEL THE GARBAGE COLLECTION CON- TRACT WITH MR. HANSEN. It was noted by members of City Council that no citizen had appeared either in opposition or favor to the cancellation of the garbage service. Mr. Dial stated that the Englewood Herald and Denver Post had published stories of the City's intent to cancel the garbage service and that the City of Englewood had received only two telephone calls related to cancellation. The first call had been from a citizen who had been concerned that she had never be advised that the City provided "free" garbage collection. The second call had been from a citizen who had no special remarks about the con- tract but stated that the City of Englewood should provide both garbage and trash collection service. COUNCILMAN PARKINSON STATED THAT HIS MOTION SHOULD BE AMENDED TO AUTHORIZE THE CITY MANAGER TO CANCEL THE GARBAGE COL- LECT ION CONTRACT AFTER ONE MONTH OR AS SOON AS POSSIBLE. COUNCILMAN LAY STATED THAT HE WOULD ACCEPT THE AMENDMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried. * * * * * * 365 366 Minutes of the February 17, 1969, regular meeting. A memorandum from Stephen A. Lyon, Finance Director, sununar1z1ng municipal revenues derived from taxing the sale of liquor was received for the record·. * * * * * * A revised time schedule for the completion of Paving District No. 17 was received for the record. * * * * * * The minutes of the Planning and Zoning Conunission's regular meeting of January 22, 1969, were received for the record. * * * * * * A memorandum from the Planning and Zoning Commission recommending the rezoning of Lots 11 through 23, Block 15, Jackson's Broadway Heights was received for the record. Introduced as a Bill by Councilman Parkinson and read in full, _ A BILL FOR AN ORDINANCE AMENDING ORDINANCE NO. 26, SERIES OF 1963, ALSO J<NOWN AS CHAPTER 22 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, AND THE ZONING MAP ATTACHED THERETO, TO REZONE CERTAIN PROPERTY MORE PARTICULARLY DESCRIBED THEREIN FROM R-1-C (SINGLE FAMILY RESIDENTIAL) TO R-3-B (MULTI-FAMILY RESIDENTIAL), PURSUANT TO THE APPLICATION OF WILBUR WRIGHT AND RELATING TO THE SOUTH HALF OF THE 4000 BLOCK OF SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. * * * * * * A letter f ran the Bureau. of the Budget regarding Federal aids was received for the record. The City Council discussed the various Federal aid programs which might be available to the City. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ON REZONING BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE AND THAT A PUBLIC HEARING BE ESTABLISHED FOR MARCH 17, 1969, AT 8:00 P.M., AT CITY HALL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried. * * * * * * A memorandum from the Parks and Recreation Commission recommending a development plan for Centennial Park was received for the record. Mr. E. P Romans, Director ·of Parks and Recreation, appeared before City Council in regard to the recommendation concerning development on Centennial Park. Mr. Romans presented site development plans and financial data attendant to the development proposed. City Manager Dial indicated that the development costs of Centennial Park over the existing appropriations as set forth on Mr. Romans' plan and reconunendation by the Parks and Recreation Conunission could be financed by transferring $20,000 from Dartmouth Park, $13,500 from Miller Field, and $29,000 from the Fund Balance (said balance estimated at $66,000 at the conclusion of the pro- ject). I I I I I I I I Minutes of the February 17, 1969, regular meeting. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY COUNCIL ACCEPT THE RECOMMENDATION CONCERNING THE DEVELOP- MENT OF CENTENNIAL PARK AND FINANCING OF SAID DEVELOPMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tem declared the motion carried. * * * * * * A report on corrections and objections to Sidewalk District No. 68 from Kells Waggoner, Public Works Director, was received for the record. Introduced as a Bill by councilman Lay and read in full, A BILL FOR AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVE- MENTS MADE IN AND FOR SIDEWALK IMPROVEMENT DISTRICT NO. 68, IN THE CITY OF ENGLEWOOD, COLORADO: APPROVING AND CONFIRMING THE APPORTIONMENT OF SAID COST TO EACH LOT OR TRACT OF LAND IN SAID DISTRICT: ASSESSING A SHARE OF SAID COST AGAINST EACH LOT OR TRACT OF LAND IN THE DISTRICT: AND PRESCRIBING THE MANNER THE COLLECTION AND PAYMENT OF SAID ASSESSMENTS. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE ABOVE BILL FOR AN ORDINANCE BE SUBSTITUTED FOR THE EXISTING BILL FOR AN ORDINANCE ASSESSING IMPROVEMENTS FOR SIDE- WALK DISTRICT NO. 68, AND THAT IT BE PASSED ON FIRST READING AND 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, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tem declared the motion carried. * * * * * * Introduced as a Bill by Councilman Lone and read in full, A BILL FOR AN ORDINANCE VACATING THAT PORTION OF A CERTAIN PUBLIC ALLEY WHICH PRESENTLY EXISTS UPON AND OVER THE EASTERLY 8 FEET OF LOTS 1 THROUGH 21, INCLUSIVE, ARKELL'S SUBDIVISION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, AND AUTHORIZING THE MAYOR AND CITY CLERK ON BEHALF OF THE CITY OF ENGLEWOOD TO CONVEY ALL OF THE CITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE AFORESAID 8 FEET TO THE PRESENT OWNERS OF THE SAID LOTS 1 THROUGH 12. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE 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, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tem declared the motion carried. * * * * * * City Attorney Criswell presented a report dated February 14, 1969, concerning the developnent of the liquor outlets of the Peanut Barrel and Zuider Zee. 367 368 Minutes of the February 17, 1969, regular meeting. Mr. William K. Malone, attorney, 3311 South Broadway, appeared before City Council on behalf of Mr. Thomas J. Nomina, Peanut Barrel, 3535 South Huron. Mr. Malone reviewed negotiations between Mr. Nomina and the property owner and stated that action to develop the outlet would be taken within thirty days. Mr. Malone stated that the applicant had kept the lease current from the time the City Council granted the application and had pur- chased kitchen equipment for the outlet. Mr. Jerry Sturm, 3184 West Edgemore Drive, appeared before City Council and discussed Mr. Nomina's plans for developing the Peanut Barrel liquor outlet. It was the consensus of City Council that action in regard to the Peanut Barrel liquor license , be deferred until March 3, 1969. * * * * * * Mr. Malone reappeared before City Council in regard to the Zuider Zee liquor license. Mr. Malone stated that it had been stated in the public hearing that construction would start in early spring, 1969, and insofar as he was aware this schedule would be adhered to. Mr. Malone stated that it was the intent of the developers of the Zuider Zee to construct the liquor outlet as indicated to City council. * * * * * * City Attorney Criswell stated that he had been discussing issuance of bonds by the Englewood Building Authority for the purchase of City Hall from the City of Englewood with Mr. Bill Lamm, bond counsel. Mr. Criswell stated that once a decision was reached to issue the bonds, approximately thirty days would have to elapse to the date of sale. * * * * * * City Attorney Criswell reported that a hearing on the appeal by Mr. Buchler from the decision of the Board of Adjustment and Appeals in regard to Mr. Buchler's proposed development of property at Jefferson and Acoma would be held on Friday, February 21, 1969. * * * * * * City Attorney Criswell reported that the City of Englewood had been sued by National Tea Company for the City's failure to issue a 3.2 beer license to Del Farm, 4160 South Broadway. Mr. Criswell requested City Council's direction as to the action to be taken in regard to the litigation. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND THE CITY OF ENGLEWOOD IN THE LITIGATION CAUSED BY THE CITY'S REFUSAL TO GRANT A 3.2 BEER LICENSE TO DEL FARM, 4160 SOUTH BROADWAY. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Parkinson, Lone, Lay, Kreiling, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried. * * * * * * City Attorney Criswell reported that contracts to pur- chase the Adams', Public Service, and Arapahoe County properties for proposed Centennial Park had been completed. * * * * * * City Manager Dial reminded members of Council that a public hearing on Paving District No. 18 would be held on February 24, 1969, at 7:30 P.M. * * * * * * I I I I I I I I Minutes of the February 17, 1969, regular meeting. City Manager Dial called Council's attention to a Colorado Municipal League legislative meeting to be held on March 5, 1969. * * * * * * City Manager Dial informed members of Council that an Urban Mayors meeting would be held Thursday, February 20, 1969, at Bernards Restaurant and Lounge, Arvada, at 6:30 P.M. Mr. Dial read a letter fran the Englewood Jaycees thanking the Council for the use of the Conununity Room on February 8, 1969. * * * * * * Mayor Pro Tern Dhority discussed with members of City Council the overall financial condition of the City of Englewood and requested that a report be made showing the status of various funds held in the area banks as well as current investments. * * * * * * Councilman Lone requested a meeting of the Central Garage Canmittee on February 26, 1969. * * * * * * Councilman Brown inquired if a new time had been established for the City Council retreat. * * * * * * 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, Brown, Dhority. Nays: None. Absent: Mayor Schwab. The Mayor Pro Tern declared the motion carried and the meeting adjourned at 10:50 P.M. 369