Loading...
HomeMy WebLinkAbout1969-11-17 (Regular) Meeting MinutesI I I I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO NOVEMBER 17, 1969 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on November 17, 1969 at 8:17 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Dale Strong, Associate Pastor of the Englewood First Presbyterian Church. Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor asked for roll call. Upon the call of the roll, the following were present: councilmen Brown, Dhority, Lay, Parkinson, Schwab. Absent: Councilmen Kreiling, Lone. The Mayor declared a quor\D1l present. Also present were: City Manager Dial, City Attorney Criswell, Acting City Clerk Beittel. * * * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 3, 1969 BE APPROVED AS READ. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * * * Mr. Robert L. Mcintyre, 3140 South Dahlia, owner of Old Town Liquors, 325 East Jefferson Avenue, appeared before City Council. Mr. Mcintyre requested pennission to enlarge his premises located at 325 East Jefferson. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE REQUEST OF MR. ROBERT L. MCINTYRE, OWNER OF OLD TOWN LIQUORS, 325 EAST JEFFERSON AVENUE, TO ENLARGE HIS PREMISES AT SAID ADDRESS BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * * * Mr. Glenn Helfer, attorney for Mrs. Tina Warden owner of Tina's Steak House, 3061 South Santa Fe Drive, appeared before City Council. Mr. Helfer presented Mrs. Warden's application for a three-way liquor license for Tina's Steak House and requested that a date be established for a public hearing on the application. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING DATE ON MRS. TINA WARDEN'S APPLICATION FOR A THREE-WAY LIQUOR LICENSE FOR TINA'S STEAK HOUSE, 3061 SOUTH SANTA FE DRlVE, BE ESTABLISHED AS DECEMBER 15, 1969 AT 8:00 P.M. AND THAT PROPER PUBLICATION AND POSTING OF THE PREMISES BE EFFECTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * * * 537 Minutes of the November 17, 1969 reqular City Council Meeting. Mr. Les Schissler, representing Belleview Bowl, 4900 South Federal, appeared before City Council requesting renewal of their 3-way liquor license. Mr. Edward T. Cartwright, representing Cartwright's Hampden West, 3517 South Elati, appeared before City Council requesting renewal of their 3-way liquor license. Mr. Lee Corder, representing Casual Lounge, 65 West Floyd, appeared before City Council requesting renewal of their 3-way liquor license. Mr. John Lidke, representing Cherrelyn Drug Store, 428S South Broadway, appeared before City council requesting renewal of their drug store liquor licenae. Mr. Harvey A. Pratt, representing Drug Fair, 4204 South Broadway, appeared before City council requesting renewal of their drug store liquor license. Mrs. Elsie Barrent, representing E-Z Liquors, 3353 South Santa Fe, appeared before City council requesting renewal of their ·package liquor store license. Mr. F. D. Brosius, representing the Fraternal Order of Eagles, 73 West Floyd, appeared before City Council requesting renewal of their club liquor license. Mr. George Sillasen, representing GEM Liquors, S4SO South Broadway, appeared before City Council requesting renewal of their package liquor store license. Mr. Bill McCord, representing Glass Bottle Liquors, 336 West Hampden, appeared before City Council requesting renewal of their package liquor store license. Mr. Andrei Nagy, representing The Golden Fiddle, 3370 South Acoma, appeared before City Council requesting renewal of their 3-way liquor license. Mr. Walter Hrom, representing Hilda's Cafe, 4386 South Broadway, appeared before City Council requesting renewal of their 3-way liquor license. Mr. Damon L. Hungate, representing Hungate's, 2796 South Broadway, appeared before City Council requesting renewal of their 3-way liquor license. Mr. Frank Witt, representing John W's Tap Room, 3467 South Broadway, appeared before City council requesting renewal of their 3-way liquor license. Mr. Ed Swanguen, representing Loyal Order of Moose, 3S31 South Broadway, appeared before City council requesting renewal of their club liquor license. Mr. Ed Wade, representing Lum's, 90 West Belleview, appeared before City Council requesting renewal of their beer and wine liquor license. Mr. John R. McKee, representing M-D Pharmacy, 2895 South Broadway, appeared before City council requesting approval of their drug store liquor license. Mr. Robert Moore, representing Magnet Inn, 2893 South Broadway, appeared before City Council requesting renewal of their 3-way liquor license. Mr. Charles O. Bishop, representing New Frontier Liquors, 3485 South Bannock, appeared before City council· requesting renewal of their package liquor store license. Mr. Robert L. Mcintyre, representing Old Town Liquors, 325 East Jefferson, appeared before City Council requesting the renewal of their package liquor store license. Mr. John F. Hannon, Jr., representing Supreme Liquors, 5112 South Broadway, appeared before City Council requesting renewal of their package liquor store license. Mrs. Ann Scoggins, representing The Studio, S020 South Broadway, appeared before City council requesting renewal of their 3-way liquor license. Mr. William S. Lauby, representing Thorobred Liquors, SOSO South Federal Boulevard, appeared before City Council requesting renewal of their package liquor store license. It was noted by City Council that representatives of Bar Harbor, 3489 South Broadway, and the Englewood Elks Lodge, 3690 South Jason, were not present to request renewal of their 3-way and club liquor licenses, respectively. I I I I I I I I Minutes of the November 17, 1969 regular City Council Meeting. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE CITY COUNCIL APPROVE THE RENEWAL OF THE LIQUOR LICENSES OF THOSE OUTLETS WITHIN THE CITY OF ENGLEWOOD THAT WERE REPRESENTED FOR THE YEAR 1970. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * The minutes of the Election Commission meeting of November 6, 1969 we~e received for the record. * * * * * * The minutes of the Public Library Board meeting of November 11, 1969 were received for the record. * * * * * * A letter dated November 13, 1969 from Mr. E. N. Haase, Colorado Department of Highways, regarding left turns at South Bannock Street and U.S. 285 was received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 38, SERIES OF 1969 AN ORDINANCE REPEALING 115.29 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD AND AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREE- MENT GRANTING TO THE DENVER BBNCH ADVERTISING CO. A · REVOCABLE PERMIT TO PLACE BUS BENCH SEATS AT VARIOUS LOCATIONS THROUGHOUT THE CITY IN ACCORDANCE WITH THE TERMS OF THIS ORDINANCE. (Copied in full in the official Ordinance Book.) COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 38, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 39, SERIES OF 1969 AN ORDINANCE AMENDING SECTION 6A.5-2 AND SECTION 6.6-14 (a) (2) OF THE ENGLEWOOD MUNICIPAL CODE TO DEFINE THE NORMAL RETIREMENT DATE FOR THE EMPLOYEES OF THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 39, SERIES OF 1969 BE PASSED ON FINAL READING AND ORDERED PUBLISHED BY TITLE IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreilinq, Lone. The Mayor declared the motion carried. * * * * * * 539 540 Minutes of the November 17, 1969 regular City Council Meeting. BY AUTHORITY ORDINANCE NO. 40, SERIES OF 1969 AN ORDINANCE AUTHORIZING THE POLICE PENSION BOARD OF THE CITY OF ENGLEWOOD TO INVEST FUNDS DEPOSITED TO THE CREDIT OF THE POLICE PENSION FUND IN SUCH INVESTMENTS AS MAY BE AUTHORIZED BY THE STATUTES OF THE STATE OF COLORADO FOR INVESTMENTS BY FIDUCIARIES SUBJECT TO THE CONDITION THAT THE SAID BOARD SHALL ALWAYS HOLD FIXED INCOME OBLIGATIONS HAVING A BOOK VALUE OR COST OF NOT LESS THAN 60% OF THE TOTAL AMOUNT STANDING TO THE CREDIT OF THE FUND AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN BROWN SECONDED, THAT ORDI- NANCE NO. 40, SERIES OF 1969 BE PASSED ON FINAL READING AS AN EMERGENCY ORDINANCE AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * Introduced a s a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE INCREASING THE MONTHLY SALARY OF THE MEMBERS OF CITY COUNCIL, EFFECTIVE DURING THAT COUNCIL TERM COMMENCING AT 8:00 P.M. ON THE F IRST MONDAY AFTER JANUARY 1, 1970. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD ANO ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE REPEALING 1124.1-1 THROUGH, AND INCLUDING, 824.1-9 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, REENACTING THE SAME WITH AMENDMENTS, ANO ADDING FURTHER SECTIONS THEREUNTO TO REQUIRE THE ANNUAL LICENSING OF DOGS KEPT WITHIN THE CITY OF ENGLEWOOD. City Manager Dial presented a recap on what other cities are charging for dog license. Mr. Dial stated that the average fee was $2.00 for spayed female and male doqs and $3.00 to $4.00 for unspayed female dogs. Mr. Dial stated that in determining whether or not a female dog was spayed, it would be assumed the dog is an unspayed female unless verification from a veterinarian was received stating otherwise. Discussion ensued. * * * * * * City Attorney Criswell presented before and after pictures of the Kingsley property, 2350 South Tejon. Mr. Criswell stated that the property has been cleaned up and graded. Mr. Criswell stated that he was anticipating filing a report with the court the end of the week so the court can approve the City's costs regarding the Kingsley property and give a lien against it. In this way the City can foreclose the lien and get reimbursed. * * * * * * I I I I I I I I Minutes of the November 17, 1969 regular City Council Meeting. City Attorney Criswell reported on the recodification of the Municipal Code. Mr. Criswell hoped that at the next City Council meeting members would have a sunanary of the substantial changes made in the Code with copies of the sections which have undergone these changes and a schedule. Mr. Criswell stated that after considering Council's comments and suggestions on the changes, a complete copy of the Municipal Code should be received the first or second meeting in January and the public hearing on it would probably be held the first or second meeting in February. ****** The Colorado Supreme Court's opinion on the Atchison Ranch property in favor of the City was received for the record. City Attorney Criswell stated that he anticipates a motion for a rehearing on the above opinion and that hopefully it will be denied. City Attorney Criswell stated that the only matter left concerning the Atchison Ranch was the condemnation. Mr. Criswell stated that the hearing on this was delayed as the Federal court was awaiting the opinion of the Colorado Supreme Court and that action on the condemnation should commence shortly. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE ON THE LICENSING OF DOGS BE PASSED ON FIRST READING, ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE, AND THAT THE LICENSE FEE FOR EACH MALE OR SPAYED FEMALE DOG BE ESTABLISHED AS $2.00 AND FOR EACH UNSPAYED FEMALE DOG $4.00. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * Note: A letter from Mr. William Hazlitt, attorney for Royal Indemnity Company, dated November 11, 1969 was received for the record. City Attorney Criswell reviewed the letter received from Mr. Hazlitt with members of City Council. Mr. Criswell stated that because the City had previously rejected Royal's proposal on false arrest coverage and Royal was bound to take the position that the 60 day cancellation provision in the specifications was not really controlling, that if the City did not accept their proposal by November 26, 1969 a notice of cancellation setting forth the specific date of cancellation would be received. Mr. Criswell stated that he anticipated filing a suit against Royal Indemnity before November 26, 1969. City Manager Dial stated that the City has started exploring several alternate firms for replacement of the insurance. * * * * * * City Manager Dial reviewed the status of traffic changes pursuant to Ordinance No. 36, Series of 1969. Mr. Dial referred to the letter pre- viously received from the Colorado Department of Highways which stated that progress on the Hampden-Broadway Interchange would stop if left hand turns were restored at Bannock and U.S. 285. Mr. Dial requested Council's consideration of a Bill for an Ordinance which would delete the requirement that left hand turns be restored at Bannock and U.S. 285. Mr. Dial also reviewed Section 2 of Ordinance No. 36, Series of 1969 which calls for the restoration of two way traffic on Hampden. Mr. Dial stated that two-way traffic on Hampden would present serious traffic problems. Discussion ensued. Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE REPEALING ORDINANCE NO. 36, SERIES OF 1969 AND THEREBY PROHIBITING LEFT TURN TRAFFIC MOVEMENTS OF VEHICLES TRAVELING WEST ON U.S. HIGHWAY 285. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE SHOULD BE AMENDED SO AS TO DELETE SECTION 2 OF THE BILL FOR AN ORDINANCE OR TO SUBSTITUTE IT FOR, "SECTION 2 OF ORDINANCE NO. 36, SERIES OF 1969 IS HEREBY REPEALED." 541 542 Minutes of the November 17, 1969 regular City Council Meeting. City Attorney Criswell reviewed and explained the different sections of Ordinance No. 36, Series of 1969 which will be affected by the Bill for an Ordinance. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE BE AMENDED SO THERE WOULD BE ONLY ONE SECTION WHICH WOULD READ AS FOLLOWS, "ORDINANCE NO. 36, SERIES OF 1969 IS HEREBY REPEALED AND ANY ORDINANCE, RESOLUTION, MOTION, .OR TRAFFIC DIRECTIVE, WHICH WAS REPEALED BY SAID ORDINANCE ARE HEREBY REVIVED," AND THAT IT BE PASSED ON FIRST READING AS AMENDED AND ORDERED PUBLISHED IN Ftn.L IN THE ENGLEWOOD HERALD AND ENTERPRISE. Discussion ensued. Councilman Dhority suggested that the matter be turned over to qualified experts for their reconanendation •. . councilman Brown stated that if the Bill for an Ordinance was passed as amended it would reject the two traffic changes for which the citizens of Englewood petitioned. Mr. Brown stated that he was in agreement with Councilman Dhority's suggestion that someone be hired to review the problem and make a recommendation as to what direction the City should take. Upon the call of the roll on the second motion, the vote resulted as follows: Ayes: councilmen Dhority, Parkinson. Nays: Councilmen Brown, Lay, Schwab. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion failed. COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AS ORIGINALLY SUBMITTED AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE BILL FOR AN ORDINANCE BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Schwab. Nays: councilman Parkinson. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. City Manager which pertains to trees of way within the City. the following: * * * * * * Dial discussed the proposed Model Tree Ordinance and other related shrubbery growing on public rights Mr. Dial stated that the proposed ordinance does 1. Leaves the cost and responsibility of taking care of the trees on a public right of way or private property with the owner of the property. 2. Provides that the City will exercise greater regulation and control over trees either on public rights of way or private property in consideration of public welfare. 3. Gives the City or City Forester authority to inspect trees on private property that may be diseased and gives authority to the forester to give notice that the trees have to be removed by the owner or in lieu of that the City will remove them and assess the cost. 4. Gives licensing and inferred regulatory standards on private tree trimmers. City Manager Dial stated that this is a conceptual approach that leaves the situation concerning dangerous and diseased trees largely·the responsibility of the property owners. However, it gives the City more authority to require certain action to be taken in these cases. Discussion ensued. It was the consensus of City Council that City Manager Dial further pursue and refine the Model Tree Ordinance and consult with individuals in the tree business. * * * * * * I I I I I I I I Minutes of the November 17, 1969 regular City Council Meeting. City Manager Dial gave a brief report on the building progress of the Peanut Barrel, 3535 South Huron. Mr. Dial stated that pursuant to the Building Code the building permit has been withdrawn and cancelled. It was the consensus of City Council that a show cause order on the Peanut Barrel be prepared by City Attorney Criswell. * * * * * * City Manager Dial stated that pursuant to Council's direction the City has solicited bids for health and life insurance. Mr. Dial suggested that because the bids were going to involve extensive analysis, a committee be established to review over the next two weeks the various plan and program options as well as prices. This committee would consist of employee and possibly Career Service Commission Board representatives and two members of City Council. Councilmen Lay and Brown stated that they would serve on the committee. * * * * * * City Manager Dial reminded members of City Council that the City of Englewood's Annual Christmas Party would be held December 18, 1969 at 6:30 P.M. at Columbine Country Club. * * * * * * Note: A letter from Mr. Jack Eachon, Jr., president of the First National Bank of Englewood, dated October 24, 1969 was received for the record. Mr. Jack Eachon, Jr., president of the First National Bank of Englewood, 3311 South Broadway, appeared before City Council. Mr. Eachon discussed an exchange of land along the Cherokee Street extension. Mr. Eachon suggested that in order to widen Cherokee Circle to a SO-foot right of way and enable easier access to the new First National Bank building that the City of Englewood agree to dedicate ten feet of their property extending from approximately the alley behind City Hall to the North-South portion of Cherokee Circle and further deeding the remainder of this property after the street has been properly dedicated. In return, the First National Bank of Englewood would dedicate to the City ten feet of the property formerly kn9wn as the Allen property. Discussion ensued. At the conclusion of discussion it was the consensus of Council that the matter be tabled until a future City Council meeting. * * * * * * The following individuals appeared before City Council in regard to the traffic changes pursuant to Ordinance No. 36, Series of 1969 parti- cularly left hand turns at Bannock and U.S. 285: Mr. Chalmerse A. Parker, 3996 South Grant. Mr. M. M. Smnmers, 3140 South Delaware. City Manager Dial presented a drawing depicting the proposed Hampden-Broadway Interchange and explained how left hand turns at Bannock and U.S. 285 would affect the progress of the interchange and traffic movement according to the Colorado Department of Highways. Mayor Schwab reported that after meeting with the Colorado Department of Highways, it is their position that they cannot proceed with the interchange as the Federal Government, Bureau of Public Roads, has stated that there can be either left hand turns or the interchange but not both. Discussion ensued. COUNCILMAN BROWN MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE REPEALING ORDINANCE NO. 36, SERIES OF 1969 AND THEREBY PROHIBITING LEFT TURN MOVEMENTS OF VEHICLES AT BANNOCK AND U.S. 285 BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. 543 544 Minutes of the November 17, 1969 regular City Council Meeting. Upon the call of the roll on the motion that the Bill for an Ordinance be passed on first reading as originally submitted, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: None. Absent: Councilmen Kreiling, Lone. The Mayor declared the motion carried and the meeting adjourned at 11:02 P.M. Acting City Clerk I I I I