Loading...
HomeMy WebLinkAbout1963-07-15 (Regular) Meeting Minutes'96 COUNCIL CHAMBERS CITY OF ENGLEWOOD, OOLORAOO JULY 15, 1963 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session, on Monday, July 15, 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 Inmanuel Lutheran Church. The Mayor asked for roll call. Upon the call of the roll, the following persons were present: Councilmen: Kreiling, Love, Miles, Parker, Woods, Brownewell. Also Present: City Manager Dial, Deputy City Attorney Criswell, Administrative Assistant Malone, City Clerk Beausang. Absent: Councilman Braun. The Mayor declared a quorum present. 632-2 COITSIDBBATION OF MINUTES OF PREVIOUS MEETINGS COUNCILMAN PARKER MOVED, COUNCILMAN KREILING SBCONDED, THAT THE MINUTES OF THE MEETING OF JULY lST AND JULY STH BE APPROVBD AS PRESENTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 631-74 RELATING TO RENEWAL OF BIG TOP BBBR LICENSE Mr. John Roscoe, General Manager for Big Top, Inc., with a branch store at 123 East Belleview Avenue, was present to discuss the renewal application for a Retail Fermented Malt Beverage License. The Mayor explained that the City Council desired to have an occasion to talk over with the various applicants and managers of the liquor and 3.2 beer outlets any problems that the City might have encountered or that the managers wished to discuss with the Council. COUNCILMAN WOODS MOVED, COUNCILMAN MILES SBCONDED, THAT THE MATTER OF THE REHBWAL OF THE FERMENTED MALT BEVERAGE LICENSE FOR BIG TOP, INC. BE REMOVED FROM THB TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. COUNCILMAN WOODS MOVED, COUNCILMAN LOVE SECONDED, THAT THE REQUESTED RE- NEWAL OF THE RETAIL FERMENTED MALT BEVERAGE LICBNSB (FOR SALE OF 3.2 BEER ONLY) FOR BIG TOP, INC. OBA BIG TOP, 123 EAST BELLEVIBW AVBNUE, ENGLEWOOD, BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. Mayor Brownewell reported on recent State Legislative action providing for the suspension, and/or revocation of a 3.2 beer license for a violation of State Law or local ordinance dealing therewith. He commented that it would be well if each 3.2 outlet were acquainted with these recently enacted provisions. I I I I I I I I Minutes of July 15, 1963 632-25 RELATING TO TRANSFER OF THOROBRBD LIQUOR LICENSE The City Clerk read an application for a tranafer of the Thorobred Liquor License located at 5050 South Federal from Signey Roberts to Mansel c. Ridinger and Emma c. Ridinger dba Thorobred Liquors. He stated that the required letter of reference as well as a favorable police report had been received and was available for review by the Council. The members of the Council reviewed the above mentioned papers. Mr. Ridinger was present to discuss the transfer with the Council. COUNCILMAN PARKER MOVED, COUNCILMAN MILES SECONDED, THAT THE APPLICATION FOR TRANSFER OF THE RETAIL LIQUOR STORE LICENSE OF 'ftiOROBRED LIQUORS TO MANSEL C. AND EMMA C. RIDINGER BE APPROVED. Upon the call of the roll, the vote re- sulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared t h e motion carried. 631-52 CITIZENS ACTION COMMI'rl'EE The Mayor reported that he had contacted the following persons with regard to serving on a Citizens Action Committee to review the needs of the downtown area and asked the Council's con f irmation: Howard Abbott, Leo Lentsch, Ray Ludwig, Jack Eachon, Ri chard N. Graham, Mrs. Cecil Watkins, Mrs. Alex Czarny, Reverend Stowell Sandmeyer, Ed Draper Nate Burt, Mason Murch, Paul Ambrose, Robert H. Close. COUNCILMAN MILES MOVED, COUNCILMAN LOVE SECONDED, THAT THE MAYOR'S APPOINTEES TO THE CITIZENS ACTION COMMITTEE BE CONFIRMED AND RATIFIED BY THE CITY COUNCIL. Upon the call of the roll, the vote resul t ed as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried and stated that the first meeting of the Committee will be held before the end of the month. 632-3 PROCEEDINGS OF PARKS AND RECREATION C<»tMISSION MEETING OF JULY 2, 1963 The Mayor asked that the minutes be received andplaced on file. 632-26 Relating to 1962 Capital Additio n s Program A short memorandum setting forth the Capital I mprovements Program for 1962 and 1963, 1964 and 1965 was reviewed. The Mayor suggested that all items not completed should be considered for inclusion in the 1964 budget. COUNCiu.tAN PARKER MOVED, COUNCILMAN WOODS SECONDED, THAT THE INFORMATION RELATING TO THE CAPITAL IMPROVEMENT PROGRAM BE RBCBIVBD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. Relating to Lease Payment for Belleview Park Area Councilman Parker reported that the Parka and Recreation Commission dis- cussed the $360.00 annual rental fee for the leaae of the Water Utility lands north of Belleview and adjoining the Water Plant by the Parks and Recreation Minutes of July 15, 1963 . . , Department. He stated that it··was th~ general feeling that $360.00 annual fee was exorbitant. The City ~anager commented that although the park has not been developed and the Parks and Recrealion Board feela quite naturally that money spent for the lease of the park might be spent better elsewhere, that such lack of development has not arisen ' through any fault of the Water Utility. He commented further that based upon the value of the land that the rental was not particularly high. Councilman Miles spoke in support of the of the review of the annual rental fee and expressed the opinion that it should not exceed $1.00 a year. Discussion ensued. COUNCILMAN MILES MOVED, COUNCIIMAN PARKER SBCONDBD, THAT THE CITY MANAGER INVESTIGATE THE LEGAL ASPECTS AND OTHER CONSIDERATIONS INVOLVED IN THE SETTING OF THE RENTAL FEE FOR THE WATER UTILITY LANDS LBASBD TO THE PARKS AND RECREATION DBPAR'rMENT TO DETERMINE IF THE PAYMENTS COULD BE REDUCED TO A MINIMUM AND 'n!E RESULTS OF HIS STUDY BE REFERRED TO THE WATER AND SBWBR BOARD FOR ITS RECOMMBN- ~TION. The Mayor explained that the lease amount was derived from a percentage return upon the acquisition cost of the land. Councilman Woods commented that leasing of the land did not jeopardize any of the assets of the Water Utility as far as the bondholders were concerned and he saw no reason why a token pay- ment of $1.00 would not be adequate. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-8 PROCEEDINGS OF PUBLIC LIBRARY BOARD MBBTING OP JULY 9, 1963 The Mayor asked that the minutes be received and placed on file. 632-27 Relating to Tenure of Library BoLrd Members The City Clerk read the following recommendation of the Englewood Public Library Board: "That the Library Board members appointed to the Library Board by· the City Council should not serve more than 2 terms." Councilman Kreiling remarked that the Library Board is organized under Section 54 of the Engl&'NOod Charter. The Deputy City Attorney reported that an ordinance could be enacted to limit the number of terms and \<lleuld serve the purpose as well as a Charter amendment although a future Council could repeal the ordinance limiting the number of term• while, if the Charter were amended, it would be more difficult to change. Diacussion ensued. Councilman Kreiling suggested that any matter of tenure should be discussed for membership of all the boards. COUNCILMAN LOVE MOVED, COUNCIUotAN WOODS SBCOND~, mAT THE RECOMMENDATION BB ACCEPTED FOR CONSIDERATION OF THE COUNCIL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: Nore . Absent: Councilman Braun. The Mayor declared themotion carried. 632-5 PROCEEDINGS OF BOARD OF CAREER SERVICE COMMISSIONERS MEETING OF JULY lOTH The Mayor asked that the minutes be received and placed on file. 632-6 PROCEEDINGS OF PLANNING AND ZONING COMMISSION MEETING OF JULY 11, 1963 The Mayor asked that the minutes be received and placed on file. 631-59 Relating to Vacation of A Strip of East Jefferson Drive The City Clerk read the following recommendation of the City Planning and zoning Conmission: "That Planning Commission recommends to the City Council that the 25 foot strip of City owned land ad joining 3649 South Grant Street be vacated, provided the purchaser agrees to stand all out of pocket expenses in connection with said vacation: the reason for the recommendation being there is no apparent need for the City to continue ownership of this land, as it is not important for future plans and growth of the City." I I I I 11 I I I Minutes of July 15, 1963 Councilman Parker inquired if Dr. Van Benahoten, the applicant for the vacation of this strip, was to pay the cost of ~he land in addition to the cost of the legal procedures involved. Councilman M~l•• atated that it· was his opinion as well as the members of the Planning Conanisaion that he should pay the current market value of the land in addition to other legal costs including an appraisal as may be required to establish the market value. Discussion en- aued. The City Manager stated that if an appraiaal is neceasary he should pay for the cost of the appraisal also. Councilman Kreiling recommended that these costs should be reviewed with the applicant so that he would understand the probable cost of the land and agree to pay those coata prior to the City's proceeding. COUNCIUitAN PARKER MOVED, COUNCILMAN LOVE SBCONDBD, THAT THE CITY' COUNCIL ACCEPT THE RECOMMENDATION OF THE PLANNING CCIOIISSION ON THE CONDITION THAT THE APPLICANT FOR THE VACATED PORTION OF THE STREET PAY FOR THB COST OF ONE OR MORE APPRAISALS TO DETERMINE THE VALUE OF THE LAND, TO PAY THB APPRAISED VALUE OF mB LAND SO DETERMINED, TO PAY THE LEGAL COSTS TO THB CITY' INVOLVED IN THE VACATION OF THE STRIP AS WELL AS ANY ADDITIONAL COST WHICH MIGHT ARISE IN THE TRANSFER OF THE PROPERTY': AND THAT HE BE NOTIFIED OF THBSB PROVISION IN ADVANCE OF ANY ACTION MOVING TOWARD VACATION OF THE RIGHT-OF-WAY. upc)n the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-28 SEMI-ANNUAL REPORT OF THE FIREMEN'S PENSION FUND FOR PERIOD ENDING JUNE 30TH 632-29 SEMI-ANNUAL REPORT OF THE POLICEMEN'S PENSION FUND FOR PERIOD ENDING JUNE 30, 1963 The City Clerk-Treasurer discussed these reports with the Council as well as explaining the estimated revenue and expenditures for the balance of the year. The Mayor asked that the reports be received and placed on file. 632-10 QUARTERLY DEPARTMENTAL REPORTS The City Manager filed with the Council the following quarterly reports: Fire Department, Municipal Court, Public Works, Police, Building, Traffic, Liquor outlets. The Mayor asked that the reports be received and placed on file. 631-17 RELATING TO REPEAL OF ORDINANCE CREATING DOWNTOWN DISTRICT Introduced as a Bill by Councilman Braun BY AUTHORITY' ORDINANCE NO. 22, SERIES OF 1963 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 IMPROVm.tENTS: PROVIDING FOR NOTICE TO CONTRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY: AND DECLARING AN F.MERGENCY. was read for the second time. COUNCiatAN PARKER MOVED, COUNCILMAN LOVE SECONDED, THAT ORDINANCE NO. 22, SERIES OF 1963, BE PASSED ON SECOND AND FINAL 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 Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. Minutes of July 15, 1963 622-91 RELATING TO SOUTHLAND CORPORATION APPLICATION FOR BEER LICENSE The City Clerk read the Findings of the City Council with regard to the southland Corporation of Texas application for Retail Fermented Malt Beverage License dba 7-Eleven at 3601 South Sherman Street, as follows: FINDINGS OF FACT BE IT RESOLVED by the City Council of the City of Englewood, Colorado, this 15th day o f July, 1963, THAT: WHEREAS, on January 7, 1963, the following motion was duly made, seconded and passed by said City Council: "As to the application for retail fermented malt beverage license by the Southland Corporation of Texas for a store bearing the trade name of 7-11 at 360 1 South Sher man Street be denied because the Council determi n es th a t the area is adequately being served by existing out- lets and th e desires of the inhabitants does no t clearly support the applicati on;" and WHEREAS, the applicant subsequently instituted action No. 18717 in the District Court in and for the County of Arapahoe and State of Colorado, entitled The Southland Corporation of Texas, etc. v. The City Council of the City of Englewood, et al, t o compel the issuance of the aforesaid license; and WHEREAS, the aforesaid District Court on June 6, 1963, entered a ruling and order in said action providing in part as follows: "THEREFORE, IT IS ORDERED that the case be remanded to the City Council of the City of Englewood with instructions to make written ·: findings of fact, set ting out those portions of the testimony and exhibits which were the basis of the denial of the license by the City Council of the City of Englewood." NOW THEREFORE in consideration of the premises, the Council members having respectively read and considered the transcript, exhibits, testimony and records of the hearings on December .. 17, 1962, and January 7, 1963, on the application of the Southland Corporation of Texas for a fermented malt beverage license at its 7-11 store, 3601 South Sherman Street, Englewood, Colorado, THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, HEREBY FINDS, DETER- MINES AND DECLARES that its denial of the license was based on the following exhibits and testimony: 1. Testimony that the location of the subject store is within 200 to 300 feet from a junior high school and in proximity to (approximately four blocks t he Council notes o f its own knowledge) the Englewood Senior High School; that 3.2 beer does have some intoxicating effect; and that it would be and is unde- sirable to have an outlet for the sale of such beer closely available (particu- larly with reference to the junior high school) to young people of an age, to legally purchase and consume such a product. The Council further notes and finds of its own knowledge that the proposed outlet would be open during normal school hours, one witness for the applicant having testified that the store would be open from seven in the morning until eleven at night every day in the year but Christmas. 2. Testimony and a map showing a fermented malt beverage licensee in the 4100 block on South Broadway in the City of Englewood which is reasonably convenient to the neighborhood which this applicant proposes to serve: that the area northerly of the applicant's store is primarily conunercial, separated from it by a major arterial highway, and cannot conveniently reach said store; that the area which would be primarily served by the applicant's store is southerly from its location, in which area the licenaee on South Broadway is located: that the applicant's manager testified that aale would be by the package and for carry out purposes only; and that auch purchases can be made at the location on South Broadway. 3. Testimony of community youth leader• who are against a fermemted malt beverage outlet at the subject site. 4. Appearance at the public hearing of five residents who spoke at length against issuance of the license as opposed to three witnesses who spoke in favor thereof, of whom only one was a disinterested resident, the other two being employees of applicant. 5. One hundred and seventy signatures on the protest petitions, which coupled with the five persons appearing personally and objection to the issu- ance of the license constitute a sufficient showing that the inhabitants do not desire issuance of the license. While the Council recognizes the fact that there are 694 signatures on petitions favoring iaauance of the license, it is of the opinion that it is not bound in the exerciae of its discretion by numer- ical superiority. I I I I I I I I Minutes of July 15, 1963 COUNCILMAN PARKER MOVED, COUNCILMAN LOVE SECONDED, THAT THE FINDINGS IN THE SOUTHLAND CASE AS READ BY THE CITY CLERK BE APPROVED AND ADOPTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-28 RELATING TO SANITARY SEWER EASF.MENTS AND RIGHT-OF-WAYS The Deputy City Attorney announced that three different agreements had been negotiated b y the City Attorney to secure right-of-way and easements for the construction of sewer mains in the Scenic View Sanitary Sewer District as follows: Messrs. Robert E. and Charles E. Stanton for an easement in consideration of payment of $340.00 as full consideration. Messrs. Robert M. Fenner and Donald E. Hamilton dba BODOCO for an easement agreement with a consideration of $250.00: Oliver s. and Agnes Kingsley for an easement agreement without con- sideration but with the provision that easement would revert to the grantors should it be abandonded. The Deputy City Attorney asked that Council authorize the Mayor and City Clerk to sign the easement agreements at separate motions. COUNCIIMAN LOVE MOVED, COUNCIIMAN MILES SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN EASEMENT AGREEMENT WITH MESSRS. STANTON ON BEHALF OF THE CITY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. COUNCIIMAN PARKER MOVED, COUNCILMAN KREILING SECONDED, THAT THE MAYOR AND CITY' CLERK BE AUTHORIZED TO SIGN AN EASEMENT AGREEMENT WITH MESSRS. FENNER AND HAMILTON ON BEHALF OF THE CITY'. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. COUNCILMAN MILES MOVED, COUNCILMAN WOODS SECONDED, THAT THE MAYOR AND CITY' CLERK BE AUTHORIZED TO SIGN AN EASEMENT AGREF.MENT WITH MR. AND MRS. KINGSLEY ON BEHALF OF THE CITY'. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kr eiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-2 9 RELATING TO GASOLINE SERVICE STATIONS The Deputy City Attorney reported on the Balliew case which attacked the section of the Zoning Or dinance that set forth a 500 foot minimum distance between filling stations or as a minimum distance from the entrance into a school. This ordinance also provided that if a median strip were involved the 500 foot dist ance did not apply. The case contended that this median strip provision was discriminatory and the Court found that it waa and that Ordinance No. 21, Series of 1958 was unconstitutional for that reason. The Deputy City Attorney stated that he had prepared a abort ordinance to provide control over filling stations until the comprehensive zoning ordinance was adopted should the Council wish to consider it. Diacuaaion ensued. It was determined that as the comprehensive zoning ordinance may not be adopted for several months that the bill for an ordinance be introduced and public hearing set August 5th. l 102 Minutes of July 15, 1963 Introduced as a Bill by Councilman Miles A BILL FOR AN ORDINANCE PROHIBITING FILLING STATIONS WITHIN FIVE HUNDRED (500) FEET OF AN ENTRANCE TO A SCHOOL BUILDING OR PLAYGROUND, OR WITHIN FIVE HUNDRED (500) FEBT OF AN EXISTING FILLING STATION PROPERTY LINE, REPEALING ORDINANCE N0 •• 21, SERIES OF 1958 (WHICH IS ALSO SECTION 2(f) OF ARTICLE VI OF ORDINANCE NO. 45, SERIES OF 1955, AS AMENDED) AND ENACTING THIS ORDINANCE IN REPLACEMENT THEREOF, OF THE ORDINANCES OF THE CITY OF ENGLEWOOD, COLORADO, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO: Section 1. Filling stations shall not be placed within five hundred (500) feet of an entrance to a school building or a playground, or within five hundred (500) feet of an existing filling station property line. Section 2. Ordinance No. 21, Series of 1958 (which is also Section 2(f) of Article VI of Ordinance No. 45, Series of 1955, aa amended) of the City of Englewood, Colorado, is hereby repealed and the above Section 1 enacted in lieu thereof. Section 3. The City Council hereby finds, determines and declares that this ordinance is necessary for the immediate preservation of public property, peace and safety. Section 4. In the opinion of the City Council an emergency exists. Therefore this ordinance shall take effect and be in f o rce from and after its final passage and publication. was read for the first time. COUNCILMAN MILES MOVED, COUNCIIMAN WOODS SECONDED, THAT A PUBLIC HEARING BB SET ON THE BILL FOR AN ORDINANCE AMENDING THE ZONING CODE FOR 8:00 P.M., AUGUST 5, 1963 AT THE CITY HALL, COUNCIL CHAMBERS, AND THAT LEGAL NOTICE BE GIVEN OF THE HEARING AT LEAST 14 DAYS IN ADVANCE OF THE HEARING BY ONE PUBLICA- '10N IN THE ENGLEWOOD HERALD AND ENTERPRISE INCORPORATING THE TEXT OF THE ABOVE INTRODUCED ORDINANCE. Upon the call of the roll, the vote resulted J as follows: Ayes; Councilmen Kr eiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-30 Mu ·J:uA.L AID FIRE AGREEMENT WITH LOWREY AIR FORCE BASE The Deputy City Attorney stated that Lowrey Air Force Base had submitted new a g reement for Mutual Fire Protection to him for consideration by the Council. He informed the Council that he had checked the existing agreement and that the provisions are identical and recommended that the Mayor be authorized to sign on behalf of the City. COUNCILJ.tAN LOVE MOVED, COUNCII.MAN PARKER SECONDED, THAT THE MAYOR BE AUTHORIZED TO SIGN THE AGREEMENT OF MUTUAL AID AND FIRE PROTECTION WITH LOWREY AIR FORCE BASE ON BEHALF OF THE CITY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor Declared the motion carried. 632-31 COMMUNICATION ADVISING THE CITY OF FLOODING The Deputy City Attorney read a letter written on behalf of Mr. and Mrs. John G. McMurtry of 2890 South Clarkson Street by Mr. James E. Hegarty of Holland and Hart Attorneys at Law informing the City that the McMurtrys had suffered flooding by storm waters on June 15th and July 9, 1963. The letter stated that the McMurtrys would resist any development of areas above them which would contribute to the flooding of their property. COUNCILMAN LOVE MOVED, COUNCILMAN PARKER SECONDED, THAT THE LETTER WRITTEN ON BEHALF OF MR. AND MRS. MCMURTRY BE RECEIVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. I I I I I I I I Minutes of July 15, 1963 The Mayor declared the motion carried. 632-32 RELATING TO LEASE OF CITY BUILDINGS BY HOWARD PLUMBING The City Manager reported that the lease on the property adjacent to the Fire Station on East Quincy by Mr. Joe Howard of Howard Plumbing had expired on June l, 1963. Mr. Howard requested that a three year extension on the same basis as before be granted. The City Manager reported though under the circumstances of a general survey of the building needs of the City of Englewood that he would recommend only a renewal until December 31, 1963. Discussion ensued. COUNCILMAN LOVE MOVED, COUNCILMAN MILES SECONDED, THAT THE CITY MANAGER PREPARE A LEASE AGREEMENT FOR THE TERM TO EXPIRE DECEMBER 31, 1963 WITH JOE HOWARD OBA HOWARDS PLUMBING AND THAT 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 Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-33 RELATING TO INSTALLATION OF WATER DISTRIBUTION MAINS The City Manager reported that petitions had been circul&Ced by Mr. John A. Katchur for the replacement of inadequate private water lines in the 3700 and 3800 block of South Grant Street. The City Manager reviewed that installation of water main could be petitioned by 100 percent of the property owners joining the line or by resolution of the Council based upon the public need. As the petitions are not 100 per cent of the property owners, each lacks one or two signatures, he reported that he had a resolution prepared for the \0 Cl:>uncil's consideration. He explained that with an extremely low pressure in the area it was possible for a siphon effect to occur which would introduce impurities into our water system. He recommended that the Council pass the resolution. Discussion ensued. --., The City Clerk read the following resolution for the consideration of the Council: RESOLUTION WHEREAS, Chapter 8 of the Municipal Code of the City of Englewood, Colorado, was originally passed and approved on July 2, 1956, and is now in full force and effect: and WHEREAS, said Chapter prescribes rules and regulations for the operation and maintenance of the Water System of the City of Englewood: and WHEREAS, said Chapter provides, in part, by subparagraphs (b), (c), Section 8.7-1 thereof, that the City may, without petition, construct a main of sufficient aize to serve the area served by an inadequate 1ine. when. in its opinion. the line ii causing undue hardship upon the users of said line, or on the City: ana WHEREAS•. undue hardship will accrue to the City and owners connected to the present private lines in certain locations because of dangerously low pressure and/or unnecessary and expensive maintenance in said locations if the connections are not made to the City Water lines. NOW, THEREFORE, be it resolved by the City Council of the City of Englewood, Colorado this 15th day of July, 1963 that all service connections to the present small private water lines in the following locations be changed over to the City mains as soon as possible after a City main is constructed, because of dangerously low pressure and/or unnecessary and expensive maintenance in said locations, and that charges be made according to the schedule in the current resolutions covering such charges, and that the same be collected by the Water Department of the City: LOCATIONS IN WHICH ADEQUATE CITY MAINS ARE TO BE CONSTRUCTED PRIOR TO CHANGE-OVER OF SERVICES. On South Grant Street between East Kenyon Avenue and East Mansfield Avenue. Passed and adopted by the City Council of the City of Englewood, Clorado, this 15th day of July, 1963. Mayor ATTEST: Minutes of July 15, 1963 COUNCILMAN LOVE MOVED, COUNCILMAN MILES SBCONDBD, THAT THE RESOLUTION BE PASSED AND ADOPTED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-11 TREASURER'S REPORT FOR MONTH ENDING JUNE 30, 1963 COUNCILMAN PARKER MOVED, COUNCILMAN WOODS SECONDED, THAT THE TREASURER'S REPORT BE RECEIVED AND ACCEPTED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Kreiling, Love, Milea, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 632-22 RELATING TO ARCHITECTURAL STUDY The City Manager reported that he had diacuaaed the proposed contract with John D. Anderson, Architect for a Study of Municipal Building needs of the City of Englewood and that the architect and he are in agreement on the various points discussed by the City Council at its last meeting. He requested that the architect be authorized to go ahead and initiate the study although the formal agreement was not available. The Deputy City Attorney stated that an agreement could be authorized at this time and subsequently ratified by the Council when they had the completed form. COUNCILMAN KREILING MOVED, COUNCILMAN LOVE SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO SIGN AN AGREEMENT FOR AN ARCHITECTURAL STUDY ON 1 BBHALF OF THE CITY AND PROVIDED THAT SAID AGREEMENT BE REVIEWED AND RATIFIED BY 'nlE COUNCIL AT A SUBSEQUENT MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 631-72 RELATING TO COMPREHENSIVE PLANNING AND ZONING ORDINANCE The City Manager inquired if the City Council desired to hold an informal meeting to discuss the Comprehensive Planning and zoning Ordinance. Discussion ensued. The Mayor summarized the discussion by stating that the Council would like to raise questions as to various changes in the ordinance but not review the ordinance in detail. 632-14 RELATING TO REFUSAL TO CONNECT TO SEWER BY MARTIN ZABEL COUNCILMAN KREILING MOVED, COUNCILMAN MILES SECONDED, THAT THE MATTER OF MR. MARTIN A ZABEL, 3156 South Clarkson Street, WHO RESISTED EFFORTS TO FORCE HIS CONNECTION TO THE CITY SANITARY SEWER SYSTEM AND REQUESTED SPECIAL CONSIDE~­ ATION OF THE COUNCIL BE RAISED FROM TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. Councilman Kreiling reported that Mr. Zabel came to his house and discussed in considerable detail several problems including his septic tank. Councilman Kreiling, as did the other Councilmen, expressed their consideration and under- standing of the problem but also were concerned about the precedent that would be set as well as the promotion of special legislation upon determination that Mr. Zabel or any other citizen need not connect to the sewer system. COUNCILMAN MILES MOVED, COUNCIIMAN WOODS SECONDED, THAT THE CITY MANAGER I I I I I I I 'I Minutes of July 15, 1963 NOTIFY MR. MARTIN A ZABEL AND THE MUNICIPAL COURT THAT THE CITY COUNCIL DOES NOT DEF.M IT PROPER NOR IN THE BEST INTERESTS OF THE CITY TO DEVIATE FROM THE MUNICIPAL CODE WITH REGARD TO THE SEWER CONNECTION PROVISIONS OF SAID CODE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. RELATING TO NEGOTIATIONS WITH DENVER WATER BOARD The Mayor stated that recently Marko. Shivers, Jr., Special Water Counsel for the City of Englewood, was contacted by a representative of the Denver Water Board to discuss the transfer of water from the Western Slope to the South Platte River Basin. Mr. Shivers requested that one man from the Denver Water Board be authorized to meet and negotiate with him on behalf of the Board. This request was granted and now the Mayor asked that the Council appoint Mr. Shivers to act on behalf of the City of Englewood. COUNCILMAN WOODS MOVED, COUNCILMAN LOVE SECONDED, THAT M. O. SHIVERS, JR. BE AUTHORIZED TO NEGOTIATE WITH THE APPOINTED REPRESENTATIVE OF THE DENVER WATER BOARD FOR THE EXCHANGE OF FRAZIER RIVER WATER FOR PLATTE RIVER WATER. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. 631-64 RELATING TO 3.2 BEER LICENSE SOUGHT BY BI-LO SUPER MARKET COUNCILMAN KREILING MOVED, COUNCILMAN PARKER SECONDED, THAT THE CONSIDERA- TION OF THE GRANTING OF RETAIL FERMENTED MALT BEVERAGE LICENSE TO THE BI-LO MARKETS, INC. LOCATED AT 4509 SOUTH BROADWAY, BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. COUNCIUotAN PARKER MOVED, COUNCIUotAN KREILING SECONDED, THAT THE APPLICATION FOR A RETAIL FERMENTED MALT BEVERAGE LICENSE (FOR THE SALE OF 3.2 BEER ONLY) BY BI-LO MARKETS, INC., LOCATED AT 4509 SOUTH BROADWAY, ENGLEWOOD, BE DENIED AS NO SUPPORTING EVIDENCE FOR THE ISSUANCE OF THE LICENSE WAS OFFERED BY THE APPLICANT AS TO THE NEED FOR THE LICENSE BY PERSONS APPEARING BEFORE THE COUNCIL NOR BY PETITIONS FOR THE ISSUANCE, WHILE, ON THE CONTRARY, PETITIONS WERE PRESENTED AND PERSONS WERE PRESENT IN OPPOSITION: AND THAT IT IS THE DETERMINATION OF THE COUNCIL THAT THE AREA IS, THEREFORE, BEING ADEQUATELY SUPPLIED AND THE NEEDS OF THE NEIGHBORHOOD ARE BEING ADEQUATELY SERVED. Councilman Kreiling com.~ented that it was his opinion that in seeking a license or any other action from the Council that the applicants had the burden of prodf lying upon them and that accordingly the applicant for this particular license had not in any manner set forth the need or purpose for issuance of the license. The question was called for. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Nays: None. Absent: Councilman Braun. The Mayor declared the motion carried. ADJOURN COUNCiu-tAN WOODS MOVED, COUNCIUotAN MILES SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Kreiling, Love, Miles, Parker, Woods, Brownewell. Minutes of July 15, 1963 Nays: None. Absent: Councilman Braun. The Mayor declared the meeting adjourned at 10:50 P.M. /s/ B. o. Beausang, City Clerk Clerk of the Council The minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 15th day of July, 1963 A.D., stand approved as written this 5th day of August, 1963 A.D. 'I