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HomeMy WebLinkAbout1963-07-01 (Regular) Meeting MinutesI I I I REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JULY 1, 1963 The City Council of theCity of Englewood, Arapahoe County, ColoEado, met in regular session, on Monday, July 1, 1963, in the Council Chambers, City Hall, Englewood at the hour of 8:00 P.M. Mayor Brownewell presiding called the meeting to order and the invocation was given by the Reverend Frederick Hahn of the Inunanuel Lutheran Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Love, Miles, Parker, Brownewell. Also Present: Council Appointee Kreiling, City Manager Dial, City Attorney Esch, Administrative Assistant Malone, City Clerk Beausang. Absent: Councilmen Braun, Woods. The Mayor asked that District Court Judge Marvin Foote give the oath of office to Councilman Kreiling prior to his taking his seat on the Council. Judge Foote swore in Councilman Kreiling and congratulated him upon his appointment as did the other members of the Council. The Mayor thanked Judge Foote for rendering this service on behalf of the City and expressed his appreciation to the Judge. The Mayor declared a quorum present. 632-2 CONSIDERATION OF MINUTES OR PREVIOUS MEETING COUNCI~ LOVE MOVED, COUNCILMAN PARKER SECONDED, THAT THE COUNCIL MINUTES OF JUNE 17TH BE APPROVED AS WRITTEN. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilmen Braun, Woods. The Mayor declared the motion carried. 631-64 RELATING TO 3.2 BBER LICENSE APPLIED FOR BY BI-LO SUPER MARKER COUNCI~ MILES MOVED, COUNCILMAN LOVE SECONDED, THAT THE PUBLIC HEARING ON THE CONSIDERATION OF THE APPLICATION FOR RETAIL FERMENTED MALT BEVERAGE LICENSE (FOR THE SALE OF 3.2 BEE!t ONLY) BY BI-LO MARKETS, INC., LOCATED AT 4509 SOUTH BROADWAY, ENGLEWOOD, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilmen Braun, Woods. The Mayor declared the motion carried. The Mayor announced that in cases of public hearing that the proponents were given time to speak first then the opponents then both would speak in rebuttal. He asked that the information be presented concisely as it could with as little duplication as possible. Mr. Menno R. Duden, President of Bi-Lo Markets, Inc., dba Bi-Lo Super Market located at 4509 South Broadway spoke for the application. He stated that he was seeking a license for the sale of the Retail Fermented Malt Beverage in order to better serve his customers and the people of Englewood. The City Clerk announced that he had received application on May 27, 1963 at 2:25 P.M. and read the pertinent information from that application as to the officers of the corporation. A police repott upon the applicants was favorable and the Police Department reP<>rted that the premises was properly posted. Mr. M. M. Summers, 3140 South Delaware Street, stated that he would pre- sent evidence why the requested license should not be granted. He submitted a petition circulated in opposition to the granting of the license signed b y 358 residents of Englewood of which 240 reside in a 6 block area of the Bi-Lo Super Market, bearing the following description: ' '\ ,84: Minutes of July l, 1963 PETITION To the Englewood City Council We the undersigned citizens of Englewood, Colorado residing in the vicinity of 4509 South Broadway hereby protesz _the granting of a license to the Bi-Lo Super Market located at 4509 South Broadway, Englewood, to sell 3.2 beer. We believe that such sales would constitute a nuisance, it would injure the health, peace and safety of the residents of the community. Mr. Sununers stated that he had limited his effort in securing names in protest and could have secured many more. He stated that each of the signa- tures were legal and true, signed by the persons whom they purported to be signatures of. He gave further reasons for his opposition and the opposition of the petitioners as 3.2 beer being beginners beer being only about one per cent less alcoholic content than regular beer. He objected to the sale of an alcoholic beverage in a food store which implied that it was a food which he contended it was not. He stated that Big Top groceries as well as Englewood Lanes are in the area and have license to sell3.2 beer as well as two liquor licensed drug stores located in the very near vicinity. He summarized by stating that no supporting evidence had been offered by the applicant as to the need for the license or the desires of the inhabi- tants favoring the license, therefore, he asked that the Council deny the request. (Councilman Braun entered and took his seat upon the Council at 8:25 P.M.) Mr. Summers continued to indicate that anyone holding a 3.2 Beer License could sell b y the package or by the drink and the City could not restrict such sales. Mr. William R. John, 3830 South Delaware Street, stated that he had helped circulate the petition offered in opposition. He seated that there were plenty of outlets for 3.2 beer in the area recalling that Belleview Bowl and Big Top, Inc., and Englewood Lanes all were within the City as well as outlets along Santa Fe Drive. He stated that he objected to the granting of the license as 3.2 beer may be sold on Sunday while stronger liquor could not be sold. He stated that from personal experience a person could get a very good feeling from 3.2 beer even as an adult and that it was not nonintoxicating. Mr. Ruden stated that he had nothing to offer other than the operations would not be a nuisance and he desired the liquor sales as a convenience to his customers who had occasionally inquire for it. Mr. John stated that each grocery store desires a license as of merchandise which may be sold at a profit to the store owner. is granted to one store, it would be difficult to refuse the next and later those of all of the remaining stores. a new line If a license request COUNCILMAN PARKER MOVED, COUNCILMAN MILES 9BCONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. COUNCILMAN PARKER MOVED, COUNCIIMAN KREILING SBCONDBD, THAT THE QUESTION BE TABLED FOR FURTHER CONSIDERATION. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 631-74 RELATING TO RENEWAL OF 3.2 LICENS&-FOR BIG TOP, INC. The City Clerk read an application for Retail Fermented Malt Beverage License renewal (for sale of 3.2 beer only) filed on June 17, 1963 at 1:30 P.M. by Big Top, Inc. dba Big Top at 123 East Belleview Avenue, Englewood. He in- dicated that the application was properly signed and appeared to be in order. The Mayor asked if there were any disturbances or violations in connection with the operation of this license. The City Manager stated that he reviewed the liquor calls and found none. I I I I 11 I I II Minutes of July l, 1963 COUNCIIMAN LOVE MOVED, COUNCIIMAN MILES SECONDED, THAT THE LICENSE BE RENEWED. Councilman Miles inquired if the owners or managers had been requested to attend the meeting. The Mayor stated that this had not been established as a precedent for renewal of 3.2 beer licenses. Councilman Braun stated that he had originally asked that liquor license store and business operations come to the meeting and felt it would be desirable to have 3.2 beer operators do the same. Councilman Parker inquired as to the City's ability to refuse to renew a 3.2 license. The City Attorney reported that unless there was a conviction in court that it would be extremely difficult to refuse to renew a license. Councilman Kreiling remarked that as the existing license is in effect until July 23rd that there would be time to have the owners or operators of Big Top Store to attend the Council meeting at the time of the reaewal of this license. COUNCIIMAN KREILING MOVED, COUNCIIJttAN BRAUN SECONDED, THAT THE MATTER BE TABLED SO THAT THE OWNER OR OPERATOR MAY BE PRESENT AT THE CONSIDERATION OF THE RENEWAL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, arownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-12 RELATING TO CONTROL OF THE DENVER CITY DITCH Mr. and Mrs. Norman H. Fox, 735 West Nassau Way spoke to the Council with regard to means to protect children from falling into the Denver City Ditch by fencing or convering or fluming the ditch. Mr. Fox reported that since the drowning of their child they had talked to the Denver Water Board who reported that the City of Englewood was one of the larger users of the City Ditch: that it uses the ditch for storm drainage and that it should meet with representa- tives of Denver with regard to covering or closing the ditch. It was reported that there was nearly five miles of open ditch within the Englewood city limits paasing three public schools. They had discussed the matter with Bill Myrick, State Representative, who suggested that a bill could be introduced providing that all ditches in urbanized areas be covered. The City Manager discussed the matter with the Foxes and inquired if Denver had offered any alternative to covering the ditch such as abandoning the ditch as a source of water for Denver. Mr. Fox indicated that Denver had a contract to furnish the Denver Country Club with water as well as the need to meet park needs. That although other means had been tried no other alterna- tive had been found w~ich would be satisfactory. The Mayor offered Englewood's cooperation wherever possible and suggested that a meeting with Denver be established. Councilman Love indicated his per- sonal interest in the efforts of Mr. and Mrs. Fox and expressed his sincerest sorrow that a life needed to be lost before a community would make a sincere effort to correct the problem. Councilman Kreiling spoke of a continued ex- perience of uncooperation with Denver in many areas and expressed the view that if this were a possible point of agreement with Denver that it should be pursued. The Mayor asked the City Manager to investigate the possibility of a meeting of representatives of the Council or of his office with the Denver Water Board on this matter and report to the Council. 632-14 RELATING TO MARTIN ZABEL'S REFUSAL TO CONNECT TO SEWER Mr. Martin A. Zabel, 3156 South Clarkson Street, stated that he was re- questing a change in the Sewer Ordinance with respect to the general require- ment that all persons connect to the sanitary sewer system when it is available for such connection. He elabora~ed considerablly upon his construction of a "water conservation system" whereby all of his sewerage was treated and the water very carefully diverted throughout his land. He explained that his system was an air-tight system using an aerobic bacteria with no odor. He reported that although the sewer was installed in 1942 when recently it was opened there was only two inch es of silt in the bottom and he had no trouble during those 21 years. He objected to the ordinance which requires connection to the sewage system when t h ere was no need. The Mayor explained that this ordinance was designed to protect the health of the neighborhood by providing for enforced connection to the sewer system when t h e same was available. Mr. Zabel explained that he would need to tear out considerable improvements in his yard to connect to the sewer and he felt that the cost as well as the reason was not proper. Minutes of July 1, 1963 The City Manager explained further that the Municipal Court had considered Mr. Zabel's case by jury and found him guilty of not complying with the ordi- nance. No sentence or judgement had been rendered pending his appeal to the City Council. He reported that he had asked the Tri-County Health Department to investigate the system and it had been found to be basically a septic tank of slightly different design which represents an individual sewer disposal system. Councilman Braun inquired as to the coat of the system. Mr. Zabel stated that he did not set a definite cost but had said he would not take $1,000.00 for the system immediately after its construction. Councilman Braun stated that in light of the fact that the system is now 20 years old with a cost of approximately $1,000.00 that it had well served its purpose. Mr. Zabel stated that putting a hardship on him which was unnecessary and that anyone who investigates his system would find that it is not hazardous or against any health standards. COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECONDED, THAT MR. ZABEL'S RBOUBST BB RECEIVED AND TAKEN UNDER ADVISEMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632..;.i13 RELATING TO DONATION FOR FOURTH OF JULY DISPLAY Mr. Richard H. Lull, President of the Englewood Junior Chamber of Commerce, reminded the City Council of the annual Englewood Jaycees Fourth of July Fireworks display and asked that the Council contribute $300.00 to this '#Orthwhile pupose. The City Manager informed the Council that last year an amount of $200.00 had been donated for this purpose. Discussion ensued. COUNCILMAN MILES MOVED, COUNCILMAN BRAUN SECONDED, THAT A SUM OF $250.00 BB DONATED TO THE JUNIOR CHAMBER OF CC»1MERCE FOR THEIR ANNUAL FOURTH OF JULY FIREWORKS DISPLAY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-4 PROCEEDINGS OF BOARD OF ADJUSTMENT AND APPEALS MEETING OF JUNE 12 AND 21ST The Mayor asked that the minutes be received and placed on file. 632-16 Recommendation for variance reguest The City Clerk read the following recommendation of the Board of Adjustment and Appeals: "The Board of Adjustment and Appeals recomat8nd!o the Englewood City Council, for consideration or approval, of the following request for for a retaining wall proposed to encroach upon City property. William Elliot, 4597 South Bannock. This property was inspected by the owner, City Manager, and City Engineer: said retaining wall to be erected along the South property line one(l) ft. from existing sidewalk, contin- uing along and parallel with the South property line to a point ten (10) ft. from the SW property corner: there to angle 45° NS a distance of ten (10) ft. then angle 45° North, and continue North along alley to connect with existing wall on the North property line. An opening two (2) ft., six (6) inches wide MUST be left in the West wall at low grade point to allow yard drainage. An easily removable bulkhead, or gate, may be placed in this opening." COUNCILMAN PARKER MOVED 'nlAT THE RECOMMENDATION BE ACCEPTED AND APPROVED AND 'nlAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT PERMITTING THE ENCROACHMENT. The Mayor called for a second to the motion and there was none. THE MAYOR DECLARED THE MOTION LOST FOR WANT OF A SECOND. 632-8 PROCEEDINGS OF PUBLIC LIBRARY BOARD MEETING · OF JUNE 11, 1963 The Mayor asked that the minutes be received and placed on file. I I I I I I I I Minutes of July 1, 1963 632-17 Relating to Renewal of JADA Contract The City Clerk read the following recommendation of the Englewood Public Library Board: "That the Library Board recommends to the City Council to continue the JADA service and that Mrs. Nadine L. Couper, Chairman of the JADA Library Service Committee, be notified of this action." COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE RECOMMENDATION BB ADOPTED, AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE EXTEN- SION AGRBBMENT AS MAY BE REQUIRED ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-16 RELATING TO APPROVAL OF ENCROACHMENT The Mayor asked that the Council reconsider an encroachment upon City owned property at 459~ South Bannock Street as recommended by the Board of Adjustment and Appeals. COUNCILMAN PARKER MOVED, COUNCILMAN LOVE SECONDED, THAT THE RECOMMENDATION BB ADOPTED AND APPROVED AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGRBEMENT AUTHORIZING AN ENCROACHMENT ON CITY OWNED PROPERTY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-7 PROCEEDINGS OF ENGLEWOOD WATER AND SEWER BOARD MEETING OF JUNE 18, 1963 The Mayor asked that the minutes be received and placed on file. 632-18 Relating to Lease of Public Service Company Wells The City Clerk read the following recommendation of the Englewood Water and Sewer Board: "That the lease agreement between the City of Englewood and Public Service Company for the use of water wells located on the Heggenberger property near the mouth of Plum Creek be approved and executed as presented." COUNCILMAN BRAUN MOVED, COUNCILMAN LOVE SECONDED, THAT THE RECOMMENDATION BB APPROVED AND THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN THE AGREEMENT ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-19 Relating to Public Relations Program The City Clerk read the recommendation of the Englewood Water and Sewer Board as follows: ' That the Administrative Officials of the City be instructed to proceed immediately to set up a program of Public Relations in an effort to counteract the adverse publicity being presented to the residents of the water districts outside the City by Englewood water." COUNCILMAN LOVE MOVED, COUNCILMAN BRAUN SECONDED, THAT THE REC<>tMENDATION BE ADOPTED AND APPROVED. Councilman Miles inquired as to what was involved in this public r e lations program. Councilman Braun explained in considerable detail the efforts of the 88 Minutes of July 1, 1963 Denver Water Board to compete for and establish water service in the districts presently being served by Englewood as part of its service areas. The Mayor stated that the actual work involved would be gathering facts to counteract the information presented by Denver and mailing to owners as well as releasing to new media of various types. The City Manager stated that the present staff would be able to handle this phase with little expense or outside help. Councilman Kreiling reported on an informational meeting which would be held in Centennial Acres on July 2nd to discuss the pros and cons of annexa- tion to Englewood or Denver. Councilman Love reported conside•able agitation with regard to paying flat rate bills due to the lack of pressure and time to irrigate the larger tracts of land. He stated there was some feelings that a reduction in the bill should be considered. The Mayor agreed that this was a very important problem and notified the Council that he would recess this meeting to 8:00 P.M. July 8th in the Council Chambers for the purpose of discussing and considering continuing of water restrictions and other problems. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling. Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-20 Recommendation £2!: Relief Sewer · Line · The City Clerk read the followin g recommendation of the Englewood Water and Sewer Board: "That the engineering be completed and arrangements made for financing and the construction of proper sewer lines necessary to provide for the over-load of existing sewer lines in the northeast area of the City as soon as possible." COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECONDED, THAT THE RECOMMENDATION BE ADOPTED AND APPROVED. The City Manager stated that the City has almost $100,000.00 on the Reserve for Capital Additions Fund and may be able to finance the improvement out of existing monies. The Mayor commented that sewer service into this area has been a problem for several years almost weekly on wash days as well as during heavy storms when seepage into the line causes backup and overflowing of the sewers into homes. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-21 Relating to Feasibility Study of South Platte River The City Clerk read the following recommendation of the Englewood Water and Sewer Board: "That authority be granted to spend up to $1,500.00 from Water Department funds as the City's share in a feasibility study by the Colorado Water Conservation Board for the proposed Two Forks Dam and Reservoir on the South Platte River and that the Director of the Colorado Water Conservation Board be so advised promptly." COUNCILMAN BRAU.N MUVED, COUNCILMAN LOVE SECONDED, THAT THE RECOMMENDATION BE ADOPTED AND APPROVED. The Mayor discussed the study of the entire South Platte River basin and reported that $25,000.00 was being raised by cities and state to match a simi- lar amount from the Federal Government. The question was called for. Upon the call of the roll, the vote resulted as follows: I I I I I I I 'I Minutes of July 1, 1963 Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-5 PROCEEDINGS OF CAREER SERVICE COMMISSION MEETING OF JUNE 12 AND 26, 1963 The Mayor asked that the minutes be received and placed on file. 632-6 PROCEEDINGS OF PLANNING AND ZONING CC>1MISSION MEETING OF JUNE 20, 1963 The Mayor asked that the note stating that no meeting was held be received and placed on file. 631-65 RELATING TO VACATION OF AN ALLEY BEHIND METHODIST CHURCH Introduced as a Bill by Councilman Parker BY At11'HORITY ORDINANCE NO. 21, SERIES OF 1963 AN ORDINANCE VACATING THE SOUTH 250 FEET OF ALL THE ALLEY LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER (SE~S~NW~) OF SECTION 3, TOWNSHIP 5 SOUTh, RANGE 68 WEST, LYING EAST OF AND ADJACENT TO BLOCK 4, CURRIGAN'S SUBDIVISION, ALL IN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY, COLORAOO. was read for the second time. COUNCII..HAN PARKER MOVED, COUNCIUIAN LOVE SERIES OF 1963 BE ADOPTED ON SECOND AND FINAL FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. vote resulted as follows: SECONDED, THAT ORDINANCE NO. 21, READING AND ORDERED PUBLISHBB IN Upcn the call of the roll, the Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. Dedication £!! Alley The City Attorney reported that he had received a quit-claim deed and a resolution from the Board of Trustees of the Englewood Methodist Church dedicating a public alley across parts of Lot 10 and 11, Bloc~ 9, Hamilton and Killies Broadway Heights. He recommended that the Council accept the dedi- cation of this land for alley purposes. COUNCILMAN LOVE MOVED, COUNCILMAN MILES SECONDED, THAT THE DEDICATION OF LAND FOR ALLEY PURPOSES BY THE ENGLEWOOD METHODIST CHURCH BE ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Braun, Kr eiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 631-17 REPEALING DOWNTOWN IMPROVEMENT DISTRICT The City Attorney informed the Council that he had prepared a bill providing for the repeal of the ordinance creating the Downtown Improvement District. Introduced as a Bill by Councilman Braun A BILL FOR AN ORDINANCE REPEALING ORDINANCE NO. 15, SERIES OF 1963, OF THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO ENTITLED "AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS DOWNTOWN IMPROVEMENT DISTRICT NO. 1: ORDERING THE CONSTRUCTION THEREIN OF STREET, AVENUE AND DRAINAGE IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVF.MENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY; AND DECLARING AN F.MERGENCY." 90 Minutes of July 1, 1963 WHBREAS, petitions for a referendum have been filed with the City Council of the City of Englewood, Colorado, pursuant to the provisions of Section 47 of the Charter of said City; and WHEREAS, the City Council has determined that said petitions are sufficient and that pursuant to the provisions of Section 47 of the Charter Ordinance No. 15, Series of 1963, of the ordinances of the City of Englewood, Colorado, should be entirely repealed; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORAOO: Section 1. Ordinance No. 15, Series of 1963, of the ordinances of the City of Englewood, Colorado, entitled "An Ordinance Creating an Improvement District in the City of Englewood, Colorado , to be Known as Downtown Improve- ment District No. l: Ordering the Construction Therein of Street, Avenue and Drainage I mprovement: Providing for the Issuance of Bonds of the District in PaYl'ent of said Improvements: Providing for Notice to Contractors and to Bidders for Special Improvement District Bonds of Said City: and Declaring an:Emergency,11 is hereby repealed. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 1st day of July, A.D. 1963 and ordered published in full in the Englewood Herald and Enterprise. ~U~A ---v---y ----...----.~yor ATTEST: was read for the first time. COUNCILMAN BRAUN MOVED, COUNCILMAN PARJ<BR SECONDED, THAT THE PROPOSED BILL 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 Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 622-91 RELATING TO 7-ELEVEN BEER LICENSE The City Attorney reviewed that denial of the application for beer license by the Southland Corporation dba 7-Eleven in the Englewood area had been appealed to the courts and that the .District Court has requested the City of Englewood to establish its findings in the case in greater detail. He stated that various members of theCouncil had reviewed the evidence submitted by the applicants and the opponents of the issuance of thelicense and he requested that the Council consider its findings at this time. Councilman Parker stated that the specific reasons for his motion to deny were as follows: 1. The proximity to the Junior High School: 2. That the City is adequately supplied at the present time; 3. That considerable opposition was evidenced and expressed by youth group leaders of Englewood: 4. That greater opposition was expressed at the public hearing than favorable; 5. That he was concerned with the existing policy of this company to hire personnel under 18 who would be in effect selling 3.2 beer. Councilman Braun remarked that this particular comment related to and ef- fected each of the other outlets in Englewood. The City Attorney thanked Councilman Parker for his elaboration on the reasons for his moving the denial of thelicense and that he would prepare a resolution for Councilman Parker's approval and adoption by the Council for the next regular meeting. I I I I I I I I Minutes of July 1, 1963 RECESS The Mayor called a recess of the Council at 10:30 P.M. CALL TO ORDER The Mayor called the Council to order at 10:30 P.M. with the following persons present: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. The Mayor declared a quorum present. RELATING TO WATER SHORTAGE The City Manager discussed the current water emergency stating that addi- tional restrictions were recently put into effect these have reduced the demand to siateen and a half million gallons per day. He reported on the water flow in the river as well as the need to build up •torage of treated water. He re- ported on recent efforts to develop new sources of water in particular by dril- ling new wells and leasing existing wells for City purposes. He outlined several problems and comments he had recently received from water customers. He recommended that a general atudy should bemade with re- gard to easing restrictions slightly and provide decisions for additional water sources. Whether credit should be given to certain customers who due to ex- tremely low pressures were unable to irrigate or have an exceptionally large lot size which cannot be irrigated within the restricted hours. The City Manager asked Mr. Malone to review the pracices of other towns in regard to restricting irrigation. Mr. Malone reported that Colorado Springs has been on restrictions since May, 1963. Initially the restrictions were limiting the irrigation to every other day then later the hours 6:00 to 8:00 morning and evening with provision for new lawns. Where extremely low pres- sure was present different hours were allowed but not in excess of the four hours allowed oth er irrigation. He reported that Pueblo has restricted irrigation to four hours a day and is partially metered. New lawns are allowed special privilege until first cut. He reported that the waterboard handled the granting o f exceptions but not as a policy matter. The Mayor suggested consideration of relief for extremely low pressure areas but t h at no further extension be granted at this time. ae ~reminded the Council of the meeting to be held next Monday to discuss this overall water shortage. Councilman Parker asked if new taps are being added to the system. The City Manager stated that he presumed ther were being added. Councilman Parker asked t h at t h is be reviewed and t h at the taps be stopped during t h is emergency. Councilman Braun indicated that the taps which were being made at this time probably had been applied for at least two to six weeks previously and that to stop taps now probably would not help the water situation. 632-22 REPORT ON ARCHITECTURAL STUDY The City Manager reported t h at a f ter a long period of discussion b y his o ff ice and t h e Counci l that it was agreed to seek John Anderson, Architect, to provide an architec t ural study of the building needs of the City of Englewood. He presented a roug h dra f t o f the instruct i ons with regard to the ext en t o f th is study to be given t o the architect. Discussion ensued wh ereby the roug h dra f t was corrected to indicate the desires of the Council in this matter. COUNCILMAN MILES MvV~u, ~'VUNCILMAN LOVE SECONDED, THAT THE CITY MANAGER PROCEED ALONG THE LINES SET FORTH AT THIS MEETING TO NEGOTIATE FOR A CONTRACT WITH MR. JOHN ANDERSON, ARCHITECT, FOR A MUNICIPAL BUILDING STUDY WITH THE RESULTING REPORT TO BE COMPLETED BY THE END OF AUGUST. Upon the call of the roll, the vo t e resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. VACATION SUBSTITUTE FOR MUNICIPAL JUDGE The City Attorney reported t h at he had discussed an appointment during the July and August absences of the Municipal Judge of an acting judge. Mr. Kelley had recommended Robert Gallagher for the position. Discussion ensued as to Mr. Gallagher's qualifications. Minutes of July 1, 1963 COUNCILMAN MILES MOVED, COUNCILMAN PARKER SECONDED, THAT MR. ROBERT GALLAGHER BE APPOINTED TO ACT AS MUNICIPAL JUDGE FROM JULY 7TH TO JULY 20TH AND OTHER ABSENCES DURING JULY AND AUGUST AT THE SAME RATE OF SALARY AS THE MUNICIPAL JUDGE NORMALLY RECEIVES. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-23 ANNUAL TREASURER'S REPORT FOR YBAR OF 1962 The City Treasurer reviewed his annual report for the year ending December 31, 1962 with the Council pointing out various graphs and other data which had not been presented in this manner in the annual audit. Discussion ensued. COUNCILMAN BRAUN MOVED, COUNCILMAN PARKER SECONDED, THAT THE ANNUAL TREASURER'S REPORT FOR 1962 BE RECEIVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-9 CONSIDERATION OF BILLS, CLAIMS AND INVOICES FOR MONTH OF JUNE, 1963 COONCII.HAN LOVE MOVED, COUNCIUQN BRAUN SECONDED, THAT THE BILLS, CLAIMS AND INVOICES AS APPROVED BY THE CITY MANAGER AND LISTED BY THE CITY CLERK BE ALLOWED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the motion carried. 632-24 RESIGNATION FROM PLANNING AND ZONING <X*MISSION BY COUNCII.MAN KREILING The c+ty Clerk read a letter of resignation from the Englewood City Planning and Zoning Commission by newly appointed Counciiman Kreiling. COUNCIUQN BRAUN MOVED, COUNCILMAN MILES SECONDED, THAT THE RESIGNATION BB ACCEPTED WITH REGRETS AND THAT A LETTER BE SBNT TO MR. KRBILING BY THE MAYOR ACKNOWLEDGING HIS SERVICE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Love, Miles, Parker, Brownewell. Nays: None. Abstaining: Councilman Kreiling. Absent: Councilman Woods. The Mayor declared the motion carried. COUNCIIJotAN LOVE MOVED, COUNCIIMAN MILES SECONDED, THAT MR. KENNETH CARLSON BE APPOINTED TO THE PLANNING CC»DtISSION TO FILL THE VACANCY CAUSED BY COUNCILMAN KREILING'S RESIGNATION EFFECTIVE JULY 1, 1963. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays! None. Absent: Councilman Woods. The Mayor declared themotion carried. MAYOR'S CHOICE The Mayor reported a telephone call from Andy Hayes who lives in northeast Englewood complimenting the City upon its handling of the recent hail storm. I I I I I I Minutes of July 1, 1963 The Mayor •eminded the Councilmen of the Urban Mayors' Gold Tournament to be held at Fitzsimmons Hospital Golf Courae on Thuraday, July 18th. The Mayor asked if the City Manager had report of a considerable number of violations by persons shooting off fire cracker•. The City Manager stated that he had not heard of anything but would check into the matter. RECESS COUNCILMAN MILES MOVED, COUNCILMAN PARKER SECONDED, THAT THE MEETING BE RECESSED UNTIL 8:00 P.M., MONDAY, JULY 8, 1963 AT THE COUNCIL CHAMBERS, CITY HALL, ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Kreiling, Love, Miles, Parker, Brownewell. Nays: None. Absent: Councilman Woods. The Mayor declared the meeting recessed at 11:55 P.M., to be called to order at 8:00 P.M. July 8, 1963. /s/ B. o. Beausang, City Clerk Clerk of theCouncil The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 1st day of July, 1963 A.D., stand approved as written this 15th day of July, 1963 A.O.