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HomeMy WebLinkAbout1964-07-13 (Regular) Meeting MinutesI I I ii COUNCIL CHAMBBRS CITY OF ERGLBWOOD, COLORADO JULY 13, 1964 ADJOUIU1BD REGULAR MEBTING: 'l'ha City council of the City of Englewood, Arapahoe county, Colorado, met in adjourned reqular aaaaion on Monday, July 13, 1964, aaid meeting being adjourned from the regular meeting data of July 6, 1964, due to a lack of quorum, in the council Chamber•, City Hall, Enqlewood, at the hour of 8:00 P.M. Mayor Pro-tam Braun presiding called the meeting to order and the invocation waa given by the Reverend Stowell Sandmeyar of the Bnglewood Methodist Church. The Mayor Pro-tam aaked for roll call. Upon the call of the roll, the fol- lowing persona ware present: councilmen: Fullerton, Hanson, Kreiling, Rice, Braun. Alao Present: City Manager Dial, Assistant City Attorney Myrick, City Engineer Waggoner, City Clerk Beausang. Absent: Mayor Love, councilman Allen, City Attorney Each. The Mayor ~o-tam declared a quorum present. 641-2 CONSIDERATION OF MINUTES OP PRBVIOUS MEETINGS COUBCILMAN FULLERTON MOVED, COUNCILMAN HANSON SBCONDBD, THAT THE MINUTBS POR TBB COUBCIL MBBTING OP JUNE 1, 1964 BE APPROVED AS CORRECTED. Upon the call of the roll, the vote resulted aa follows: Ayea: Councilmen Fullerton, Hanson, Kreiling, Rice, Braun. Naya: Hone. Ab .. nts Councilman Allen, Love. The Mayor Pro-tem declared the l'ID tion carried. COUllCILMAB RICB MOVBD, COUNCILMAN HANSON SBCOllDBD, THAT THE MINUTES OF THE COUllCIL llBBTIBG OF JUBB 15, 1964 BE APPROVED AS CORRBCTED. Upon the call of the roll, the vote resulted aa follows: Ayea: Councilmen Fullerton, Hanson, KreilJng, Rice, Braun. Naya: Hone. Absent: councilman Allen, Love. The Mayor Pro-tam declared the motion carried. 642-7 PROCEBDINGS OF WATER AND SEWER BOARD DB'l'ING OP JUNE 16, 1964 The Mayor Pro-tam asked that the minutes be received and placed on file. 642-13 Relating .s,g Sala of Tract .2f Water Land 'ftla City Clerk read the following recommendation of the Englewood Water and Sewer Boar• in full: •That the City council complete negotiations for the aala, to Mr. Dale Rea, of the tract of land, approximately 4.3 acrea in aiza, located on the South aide of Waat Union Avenue, immediately eaat of the center line of the channel of the South Platte River, with all existing easements therein, in favor of the City of Englewood, to be retained." The City Manager showed a plat of the area to the City council ao that they may locate the aita under consideration. Diacuaaion ensued. Councilman Fullerton noted that land waa very cloae to our water intake and wondered if it ware good to •ell the land under thaaa conditions. Dicuaaion enaued on thia point. Council- .an Krailing auggaated that if an easement acroaa the land ware desired to reach other land owned by Mr. Rea that perhaps granting auch an easement would be a better action on the part of the City. The Mayor Pro-tam noted that further de- velopment of the Centennial Acres area may require the uae of the aita of land juat auch as this. COUNCILMAN KREILING MOVED, COUNCILMAN HANSOR SBCX>NDED, THAT THE MAT'l'ER BE 'l'ABI.BD UllTIL RECEIPT OF FURTHER INFORMATIOR AS '1'0 THE PROPOSED USE OF THE LAND BY' MR. RBA. Upon the call of the roll, the vote reaulted •• follows: Ayaa: Councilmen Fullerton, Hanson, Kreiling, Rica, Braun. Raya: None. Absent: Councilmen Love, Allen. The Mayo~ Pro-tam declared the motion carried. :,. 456 Minute• of July 13, 1964 642-7 PROCEEDINGS OF WATER AMI> SEWER BOARD MBBTIBG OF JUBB 25, 1964 'l'he Mayor Pro-tem aaked that the minute• be received and placed on file. 631-27 Relating £2 Weatern Slope W1t1r D!velopment 'l'he City Clerk read the following reconatndation of th• Bnglewood Water and Sewer Board in full: •That the City proceed with sufficient work on th• Weatern Slope Development Project to prove 1964 diligence.• COUBCIIHAN FULLERTON MOVED, COUNCILMAN RICE SBCOlllDBD, THAT 'DIE RECOMMBNDATIOB BB APPROVED. Upon the call of the roll, the vote reaulted a• follows: Aye•: Councilmen Fullerton, Hanson, Kreiling, Rice, Braun. Nays: None. Abaent: Councilmen Allen, Love. 'l'he Mayor Pro-t .. declared the motion carried. 642-3 PROCBBDIHGS OF PARKS AND RBCRBATIOR CCIUIISSIOR MBBTING OF JUNE 16TH The Mayor Pro-ten asked that the minute• be received and placed on file. 642-4 PROCEEDINGS OF BOARD OF ADJUS'DU01T AND APPEALS MEETING OF JUNE lOTH 'l'he Mayor Pro-tam aaked that the minute• be received and placed on file. 642-5 MINUTES OF BOARD OF CAREER SERVICE C<»IMISSIONBRS MBBTING OF JUNE 24TH The Mayor Pro-tem asked that the minute• be received and placed on file. 642-14 COMMUNICATION RELATING TO OLD IK>R'nl SCHOOL BUILDING The Mayor Pro-tem read the following letter in full: Mr. Stanley Dial City Manager City of Bngle,.,d Box 178 Bnglewood, Colorado Dear Stan: "ENGLEWOOD PUBLIC SCHOOLS William E. Biahop, Superintendent Englewood, Colorado June 23, 1964 Thi• will serve as a follow-up on our telephone conv•r•ation today concern- ing the lease on old North School. In examining the contract, I find that the leaae on thia building expired July 1, 1963. The City ha• continued to pay the rental and utilities aa well as reimburaing the achool diatrict for insurance coverage for the building. The contract waa written on a year lease with termina- tion as of July 1, with payments and reimbura ... ent• made on a quarterly basis. From time to time, we have inquiriea by pro•pective purchaaera on the old Borth School Building and on our old Trade School on Broadway. We had an offer, at the appraised value, on the Trade School at Broadway about 30 days ago, and waa unable to accept the propoaal becauae of our preaent occupancy of the build- ing. We are using thia building for storage and maintenance ahop. The Board of Education would like to be in a poaition to terminate leaaea in a shorter length of time than one year provides. It i• our au9geated that the rental of old Horth School be p~aced on a month-by-month ba•i• with termination of contract by a notice of 90 days, by either party. We feel that thi• would give us some flexibility in dealing with prospective buyer• on either of the buildings. We appreciate the opportunity we have had in working in cooperation with the City in providing apace, and on project• of mutual benefit and concern to the City and Schools. We wiah to continue in thi•. Sincerely, /•/ w. B. Biahop Superintendent" COUBCILMAN P'ULLERTOR MOVED, COURCIIMAB BABSOB SBCORDBD, THAT THE CITY AT'l'ORNBY AND CITY MANAGER BE INSTRUCTED TO DRAW A llBW LBASB AGRBlllBlft' OR THE SAME BASIC TERMS AS PRBSBRT INCORPORATING THE PROVISIORS Sft POR'nl IR '1'HB ABOVE LETTER AND THAT SIGRATURES OF THE MAYOR AND CITY CLERK BB AU'ftlORIZBD ON THE SAME WHEN COMPLETED. Upon the call of the roll, the vote reailted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Rice, Braun. I I I I I I I 'I Minutes of July 13, 1964 Nays: None. Absent: Councilmen Allen, Love. 'ftle Mayor Pro-tam declared the motion carried. 641-70 APPLICATION FOR LIQUOR LICBHSB 4401 SOUTH BROADWAY COUNCIIMAN FULLERTON MOVED, COUNCILMAN RICB SBCORDBD, THAT THE APPLICATION OF ROBERT LEINO dba ARAPAHOE LIQUORS AT 4401 SOUTH BROADWAY POR A RETAIL LIQUOR STORE LICBNSB BE REMOVED FRCM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Rice, Braun. Nays: None. Absent: Councilmen Allen, Love. 'ftle Mayor Pro-tem declared the motion carried. Councilman Rice introduced F~ndings, Conclusions and Resolution. The City Clerk read the following in full: FINDINGS, CONCLUSIONS ARD RBSOLUTION The matter of the application of Robert Leino, doing business as Arapahoe Liquors for a retail liquor store license at 4401 South Broadway, came on for public hearing before the City Council of the City of Englewood, Colorado at a reqular meeting on Monday, June 15, 1964. The applicant was represented by R. Val Hoyt, an attorney at law. His evi- 6nce showed that the premiaes had been properly posted at the minimum ten day period required. Applicant also presented petitions signed by 1159 persona identified aa living within a six block area north, west, south, and east of the premises. The applicant proposed to build a two story building at the location, the first floor to be occupied by the liquor store and the second floor to be rented for offices. 'Die type of operation was to be a drive-in store whereby customer• would dirve up to the window at the aide of the a~e and be sold package liquor in their cars. The applicant preaented three character letter references and testimony of five persona claiming that the needs of the neigh- borhood were not adequately served. The opponent• submitted petitions in oppo- •ition in granting of the license signed by 265 persona and three persona teati- f ied against issuance of the license. The evidence showed that there is a package liquor atore located in the Brookridge Shopping Center at Belleview Avenue, approaimately ten blocks to the south and there i• a drug store selling package liquor one block to the north and another drug store selling package liquor two block• to the north. From the above and foregoing, the City council find• and concluded: (1) 'nlat the apparent desires of the inhabitant• aa evidenced by petitions, remonstrances, or otherwise are not sustained by the evidence, and that numeri- cal preponderance in favor of the issuance of th• license ia not controlling on the licensing authority. (2) That the evidence clearly shows that the rea110nable requirements of the neighborhood are satisfied by three package liquor license outlets within a short distance of the proposed location. 'l'BBRBFORE, BB IT RESOLVED by the City Council of the City of Engl.wood, Colorado, thi• 13th day of July, 1964, that the application of Robert Leino, doing business as Arapahoe Liquors at 4401 South Broadway for the ias~ance of a retail liquor store license, be and hereby i• denied. Aft'BST: I•/ B. o. aeauaang City Clerk I•/ H. R. Braun Mayor Pro-tem COUNCILMAN RICE MOVED, COUNCIU4AN FULLERTON SECONDED, THAT THE RESOLUTION BB APPROVED ARD ADOPTED. Mayor Pro-tem Braun indicated that he would vote "no" on the motion for two reasons, first preponderance of the neighborhood ia in favor of the issuance and second that the other package outlets in the area are in drug stores in which sale of liquor i• a sideline and not the means of livelihood. Councilman Kreiling pointed out the existence of the package store in the Brookridge Shopping Center, approximately ten block• away. Councilman Hanson atated that in hi• opinion there were enough outlets in Englewood. Discussion enaued. 'Die Assistant City Attorney diaucaaed the basis upon the issuance or denial of a licenae, that there were no general guidance but should the Council desire to determine that the City i• being adequately served that such a decision would not be arbitrary or capricious. He coaaented that he recalled a case where the Secretary of State had refused to licenae a drive-in liquor operation. Diacuaaion ensued. Minutes of July 13, 1964 Councilman Fullerton stated that he did not favor the granting of the license because he did not like the drive-up window feature as well as a buaineas being located over a liquor store. (Councilman Allen entered and took his seat on the Council at 8:44 P.M.) The Mayor Pro-tam informed Councilman Allen of the topic under discussion and reviewed the points brought up. Councilman Allen spoke that he was in favor of a liquor store instead of a liquor licensed drug store. Be expressed his favorable opinion for a drive-up store with adequate parking provided. Mayor Pro-tem Braun suggested that the Assistant City Attorney inveatigate the action of the Secretary of State on such a drive-up liquor licenae application for the future guidance of the Council althouqh this waa not a factor in the particular consideration. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Fullerton, Hanson, Kreiling, Rice. Nays: Councilmen Allen, Braun. Absent: Mayor Love. 'l'he Mayor Pro-tem declared the motion carried. 642-14 APPOIN'DIENT TO PLANNING COMMISSION TO FILL STARKLOFF VACANCY The Mayor Pro-tam set this matter aside until the members of the Council would have a chance to review the possible appointees to this vacancy. He suggested that the Council have possible appointees in mind for discussion at the informal meeting of July 27th. URBAN MAYORS' ANNUAL GOLF TOURNAMENT The City Manaqer reminded the members of the City Council of the Golf Tournament to be held at the Broomfield Country Club on Thursday, July 16th at which time the McLellan trophy, named in honor of former Mayor McLellan, would be awarded to the mayor, councilman, or city official who won the Tournament and that the trophy would then be on display in hi• City for the foll.owing year. Discuaaion ensued. Councilmen Allen and Rice indicated ~bey i tr6al•t pa11ti•atpa~t in the tournament. Other Councilmen indicated possible attendance of the dinner meeting which would follow later that eveninq. 642-16 MUTUAL AID FIRE PROTECTION AGREEMENT WI'nl LOWRY AIR FORCE BASE The City Manaqer stated that this is a renewal of an agreement in force since 1961. Basically it will allow employee and equipment insurance coverage in caae equipment from either jurisdiction answers a request for help from the other. Discussion ensued. COUNCIIMAN KREILING MOVED, COUNCILMAN FULLERTON SECONDED, THAT THE AGREPMENT BB APPROVED AND THAT THE MAYOR AND CITY CLERK BE AU'l'BORIZED TO SIGN ON BEHALF OP THE CITY. Upon the call of the roll, the vote resulted a• follows: Ayes: Councilmen Allen, Fullerton, Hanson, Kreilinq, Rice, Braun. Nays: None. Absent: Mayor Love. The Mayor Pro-tem declared the motion carried. 641-86 RELATING 'l'O ADULT SCHOOL CROSSING GUARD The City Manager reported that he had discussed the recommendation of the Safety Council that adult school crossing quarda be eatabliahed at least at one Enqlewood school beqinning September of this year with the Police Department and the Planning and Traffic Director. He stated that his personal recommendation was that one guard be established as a trial at one school preferred: although, the guard could go to several schools. He noted that the Safety council's recom- mendation supported the qeneral trend in school croaainq safety in the Denver Metropolitan area and would cost approximately $1,000 for the school year. Dia- cuaaion ensued. The Mayor Pro-tam inquired how th• coat of the c~o•sinq quard compated with that of a pedestrian activated signal installation. The City Manager reported that it was approximately the same. The Mayor Pro-tem then spoke of his preference for installation of a ai9nal and that a croaainq quard could not prohibit the violation of signal and pedeatrian rules by students. Councilman Allen spoke for a trial of th• school cro••inq qurad at Logan and State Hiqhway No. 70 as beinq one of the moat danqerou• places. Discussion ensued. Councilman Hanson indicated his preference for the use of off-duty Policemen in this position which would subatantially reduce training coats as well as eliminatinq the need for uniforms. I !I I I I I I I Minute• of July 13, 1964 'l'he Mayor Pro-tem recapped the alternative• available a• an adult crossing guard, an older gentleman or achoo! mother: an off-duty policeman: or education and further signalization. The City Manager reported that a modernization of all achool signals had been accomplished rather than inatallation of a few pedestrian activated signals. COUllCILMAN ALLEN MOVED, COUNCILMAN HANSON SBCOBI>BD, THAT THE SAFETY COUNCIL'S llBOOMllDTmTION BE APPROVED AND THAT ONE SalOOL CROSSillG GUARD BE PROVIDED WITH PRBPBRBNCE GIVEN TO THE UTILIZATION OF OPP-DUTY' POLICBMBR OR AUXILIARY POLICF.MEN POR 'DIIS PURPOSE, EFFECTIVE AUGUST 31, 1964. Upon the call of the roll, the vote reaulted aa follow•: Aye•: Councilmen Allen, Fullerton, Hanson, Kr•iling, Rice, Braun. Raya: None. Abaent: Mayor Love. 'l'he Mayor Pro-tam declared the motion carried. Councilman Allen noted that although he felt the guard should be employed at Logan and &•ate Highway No. 70, he did not incorporate this in hi• motion. 641-57 SMIITARY SEWER EXTENSION AT SOUTH HURON STRBBT AND WEST NASSAU WAY 'l'he City Manager reported that he had found it neceaaary to make an adjustment in the firm awarded the contract for the construction of Sanitary Sewer Extension Bo. 82, which provided for the construction of an eight inch Sanitary Sewer in the 4000 block South Huron Street. He noted that the low bidder when informed of his award notified the City that he would be unable to atart the work for perhaps ninety days due to the delay of the City in providing hi• notice to proceed. The delay was due to necessity of securing the right-of-way for the sewer. Due to these and other circumstances he stated that he recommended the original contract award to the Aasociated Engineering Construction, Inc. in the amount of $3,510.66 be rescinded and award be made to Mile High Pipeline Company in the amount of $5,215.24. He com- mented that the increased cost of contract was not sufficient to exceed the petitioned sewer tap charge. COUNCD.MAN KRBILING MOVED, COUNCILMAN HANSON SBCOHI>ED, THAT THE AWARD TO ASSOCIATED ENGINEERING CONSTRUCTION, INC. FOR SBWBR BXTDSION NO. 82 BE RESCIHI>ED ARD THAT THE AWARD TO MILE HIGH PIPELINE COMPANY BB CONPIRMBD IN THE AMOUNT OF $5,215.24 AND THAT THE MAYOR AND CITY CLERK BB AUTBORIZBD TO SIGN. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Nays: None. Absent: Mayor Love • The Mayor Pro-tam declared the motion carried. 642-18 CHAMBER OF CC»IMERCE REQUEST FOR CHRISTMAS DONATION The City Manager read a letter from Harold Rust, President of Englewood Chamber of Conaerce, dated July 7, 1964, requesting that the City provide $2,000 for Christ- mas decoration and lighting in the City of Englewood. Discussion ensued .as to this request. The Mayor Pro-tam noted receipt of the letter and suggested that it be conaidered more fully at a more appropriate time. 641-100 URBAN TRANSPORTATION PLANNING The City Manager reported that he had requested additional copies of the agreement for Urban Transportation Planning amoung the metrop6litan communities with the State Government enabling receipt of Federal funds. He passed copies of the agreement and excerpt from the Federal Aid Highway Act of 1962 to all the Councilmen present. The City Clerk read a letter from Charles Shumate, State Highway Engineer, with regard to the agreement and urging that the City Council authorize Englewood's participation in the program. Diacuasion ensued. COUNCILMAN ALLEN MOVED, COUNCILMAN FULLBRTOR SBCONI>BD, 'lBAT THE CITY REPRESEN- T&TIVBS TO THE PLANNING AND TECHNICAL COMMITTBBS OP THE URBAN TRANSPORATION PLAN- BIBG PROGRAM FOR THE DENVER METROPOLITAN AREA BE APPOillTBD AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AGREDtDJT POR SUCH URBAN TRANSPORTATION PLANNING OB BBBALF OF THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted ae follow•: Ayes: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, Braun. Naye: None. Absent: Mayor Love. 'l'he Mayor Pro-tam declared the motion carried. --\_ Minutes of July 13, 1964 The Mayor Pro-tem officially welcomed Kell• Waggoner, newly appointed City Engineer to Englewood 642-10 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR JUNE, 1964 COUNCILMAN FULLERTON MOVED, COUNCILMAN RICE SBCCBDED, THAT THE BILLS, CLAIMS ARD INVOICES FOR mE MON'nl OF JUNE, 1964 AS APPROVBD BY ms CITY MANAGER AND LISTED BY THE CITY CLERK BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayea: Councilmen Allen, Fullerton, Hanson, Kreiling, Rice, BraU11. Nays: None. Absent: Mayor Love. The Mayor Pro-tem declared the motion carried. NON-SCHEDULED CITIZBITS Al1D VISITORS Mr. Dennis Kelley, of the northwest Englewood area, spoke briefly of his approval of the site at Highway No. 70 and South LocJ•n Street as the location for an Adult School Crossing Guard. Mr. George Johnson, also of the northwest Bn9lewood area, inquired about the ordinance dealing with sewer taps. He aaked if the aewer connection must be made to the building to provide sanitary facilitiea or if may be made only to the property line. Discussion ensued and Mr. Johnson waa aaked to check with the City Manager on thi• point during regular houra. Mr. Johnson alao aaked about the extenaion of time for the compliance with fencing requirement• on the part of Midweat Auto Wrecking. The City Manager dis- cuaaed this briefly with Mr. Johnson and indicated that this extension would not be indefinite but permitted until grading and final filling• of the yard was com- pleted. Mr. Johnaon also pointed out that the erecting of a bridge at Dartmouth Avenue acroaa the South Platte River would not help the development of the north- weat area unless arterials were established in the area and pointed out the need for additional right-of-way for Tejon Street. Diacuaaion enaued. MAYOR'S CHOICE The Mayor Pro-tem inquired about comments and reactions received by the var- ious Councilmen on the recent closing of two blocks of South Broadway for the Old Fashioned Bargain Days. He pointed out the various problem• and deficiencies that he had noted. Discussion ensued. Councilman Kreiling suggeatad that a letter be sent to the Chamber and Merchant• Association aponaoring the activity indicating theae deficiencies for their guidance in the future. The Mayor Pro-tem directed that the City Manager write such a letter incorporating the objections expressed at the meeting. CCl4MUNICATION FROM EDWARD T. PACA A letter from Mr. Paca was passed among the members of the Council. The Mayor Pro-tem inquired what action would be appropriate by the City Council with regard to the continued accusations and implication• with regard to the occupants of 4315 South Washington. Discuaaion ensued. The Aaaiatant City Attorney suggested that a copy of the letter be furniahed to the occupant• of the above property so that they might enter a libel or alander suit againat Mr. Paca which in turn might provide an indication as to the truth of Paca's accuaationa ahould no action be brought by the occupant•. The Mayor Pro-tem directed the Aaaiatant City Attorney to proceed along theae linea. COUNCILMEN'S CHOICE Councilman Rice inquired as to the detail of the budget estimates and depart- mental requests which will be furnished the member• of the City Council for their conaideration and review. The City Manager diacuaaed this point with Councilman Rice and the other members of the Council indicating hi• desire to provide them with any and all materials they may desire. He auggeated that one or two meetings be devoted exclusively to the consideration of the budget after it is prepared. Councilman Fullerton inquired about the recent progress of the Inter-County Regional Planning Conniasion on the development of the metropolitan Housing Code. The Mayor Pro-tam asked the City Manager to inveatigate the status so that a local code may be expedited. · Councilman Hanson reported that a new poatmaater or mistress would be appointed soon and that he had received a request for the aupport of the assistant post- master for the position. 'l'he Mayor Pro-tam inquired what the City Caincil could do. Assistant City Attorney reported that the Council could pass a resolution and direct a copy of this resolution to the President. He would not recommend such action. He suggested that individuals, citizen• of Englewood and neighbors of Aaaistant Postmaster Moore write letters to the Preaident and that the individual members of the Council do likewise. 'I I I I I Minute• of July 13, 1964 ADJOURN COUNCIIMAN ALLEN MOVED, COUNCIIMAN HANSON SBCOHDBD, THAT THE MEETING BE ADJOURRBD. Upon the call of the roll, the vote reaulted a• follows: Ayes: Councilmen Allen, Fullerton, Hanaon, Kreiling, Rice, Braun. Nay•: None. Absent: Mayor Love. The Mayor Pro-tam declared the meeting adjourned at 10:15 P.M., July 13, 1964. I•/ B. o. Beauaanq, City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Enqlewood, Colorado, held on the 13th day of July, 1964 A.D., atand approved as written this l•d day of Auquat, 1964 A.D.