HomeMy WebLinkAbout1959-05-04 (Regular) Meeting Minutes314
COUNCIL CHAMBERS
CITY OF ENGLEWOOD, COLORADO
MAY 4, 1959
REGULAR llEBT ING:
Tbe City Council of the City of Englewood, Arapahoe County, Colorado,
aet in regular session on Monday, May 4, 1959, in the Council Chambers, City
Ball, Englewood, at the hour of 8:00 P.M.
Mayor Scott presiding, called the meeting to order and the invocation
was given by Reverend Monsignor B. J. Cullen of the Saint Louis Catholic
Church.
The Mayor asked for roll call, upon the call of the roll, the following
persons were present:
Councilmen: .Braun, Brownewell, Martin, Hill, Kreiling, McLellan, Woods,
Scott.
Also Present: Acting City Manager Lacy,
City Attorney Esch,
City Clerk Beausang.
Absent: Councilman Graham.
Tbe Mayor declared a quorum present.
MINUTES OF PREVIOUS MEETINGS
COUNCILMAN MARTIN MOVED, COUNCILMAN HILL SECONDED, THAT THE MINUTES OF
THE llBBTillGS OF APRIL 6TH, AND APRIL 20TH, 1.159, BE APPROVED AS WRITTEN.
Upon the call of the roll, the vote resulted as follows:
(Councilman Graham entered and took his seat on the Council at 8:06 P.11.)
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
llcLellan, Woods, Scott.
Nays: None.
Abe en t : None.
The Mayor declared the motion carried.
CONSIDBRATION OF CITY AUDIT FOR 1958
Mr. Walter Azbill of the Leslie E. Whittemore and Company, Certified
Public Accountans, was present to discuss the audit with the Council. Mr.
Azbill discussed the Sewer Revenue Bond Ordinance requirements and the areas
in which the City was deficient. The Acting City Mana1ar stated that money
was not available to meet all the requirements on the Bond Ordinance and
that the requirements would be met as soon as possible. ;lie explained that
sewer connections within the City where sewer was available to properties
bad not been enforced and t-bat there was need for such enforcement. The
policy of enforcement would need to be reviewed by the council. He stated
that increased revenues from such enforcement would not coapletely meet the
needs of the Sewer Fund for monies. He mentioned that perhaps the ra•e sche-
dule would need to be reviewed in the near future to meet additional de•an~s
to be placed on the Fund by further Bond issuee. Councilman llcLellan asked
/ if notice• bad been sent to those not yet connected to the city sewer where
said sewer was available. The Acting City Manager stated that such notices
had been sent. Councilman Kreiling asked that the matter be referred to the
Water and Sewer Board for their review and consideration.
Mr. Azbill discussed the need for daily journals in various depart-
ment• to increase the internal control and to off set potential loss of or-
iginal receipt books. Discussion ensued. The Acting City Manager explained
a tentative progr•m to increase the internal control over such receipts and
handling of money.
Mr. Azbill concluded by saying that two or three areas discussed this
evening were not indicative of mismanagement but that as a whole the City
is in good shape and well administered. The Mayor thanked Mr. Azbill for
appearing at this Council meeting and asked that the Council accept the
Audit Report.
COUNCILMAN GRAHAM MOVED, COUNCILMAN BROWNEWELL SECONDED, THAT THE AUDIT
REPORT FOR THE CITY OF ENGLEWOOD FOR 1958 BE ACCEPTED AND PLACED ON FILE.
Upon the call of the roll, the vote resulted as follows:
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Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent : None.
The Mayor declared the motion carried.
RECONSIDERATION OF BID FOR DENNY MILLER TOILET FACILITIES
The Acting City Manager reported that the bid submitted in the amount of
$6,497.00 was 33.4i higher than the architects estimate of $4,870.00 and that
on rechecking by the architect of bis estimates has proved that said estimate
is reasonable. He recommended therefore that the request for bids be readver-
tised after specifications and drawings were changed in minor detail whereby
Mr. Allen the sole bidder, could rebid if he so desired •
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COUNCILMAN BRAUN MOVED, COUNCILMAN HILL SECONDED, TO RDIOVE FROM THE
TABLE THB MATTER OF CONSIDERATION OF THE BID ON THE DENNY KILLER FIELD REST
ROOKS. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
COUNCILMAN BRAUN MOVED, COUNCILMAN KREILING SECONDED, THAT THB am BY
THE GEORGE H. ALLEN CONSTRUCTION COMPANY IN THE AMOUNT OF $6,497.00 BE RE-
JECTED AND THAT THE ACTING CITY MANAGER BE INSTRUCTED TO ALTER THE PLANS AID
SPECIFICATIONS AND TO ADVERTISE FOR BIDS ON THE CONSTRUCTION TO BE OPEXBD AT
9:00 ON MONDAY llAY 18, 1959, THE COUNCIL TO CONSIDER THE BIDS AT ITS llBBTING
THAT EVENING. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: Jtone.
Absent : None.
The Mayor declared the motion carried.
llR. AND llRS. LINKENHEIL CONCERNING DRAINAGE ON WEST DARTMOUTH AVENUE
The Acting City Manager explained to the Council that Mr. and Mrs. George
A. Linkenbeil were one of the owners of property which the City must secure
for the right-of-way of West Dartmouth Avenue prior to the street improvements
in connection with Paving District No. 9. He discussed the general plan for
the improvement of West Dartmouth Avenue and emphasized that drainage from the
north and northeast would be stopped by the Dartmouth Avenue paving of that
from the east and southeast would be improved although not completely solved.
Mrs. Linkenheil stated that if there were a cumb cut along their property
it would allow the water to flow across the land as it always bas. The Act-
ing City Mana.Ker presented the plans for the improvement of Dartmouth Avenue
and showed the Council that there was not going to be anything done which
would not improve the situation. Discussion ensued. The drainage problem was
discussed in detail. Councilman Braun commented that drainage and paving go
together in that prior to paving any street adequate drainage must be provided
so that the street may be maintained.
Mr. Linkenbeil stated that the Acting City Manager and City Attorney bad
come to them to purchase the property and offered to provide for the payment
of the assessment for curb, gutter and paving in return for the transfer of a
deed. The Acting City Manager replied that be and the City Attorney bad not
been authorized to make offers but had discussed several propositions witb 'tbe
Linkenbeils. Discussion ensued.
The Mayor stated that if the paving does not alleviate the drainage pro-
blem then be would pledge bis own efforts to solve such a problem. Mr. Link-
enbeil asked if the City would condemn the property needed for the West Dart-
mouth Avenue improvement and charge an assessment also. The Acting City Manager
stated that the other owners of property necessary for this improvement bad
tentatively agreed to accept $10.00 in return for a quit claim deed to that
portion of right-of-way necessary for the improvement. The Mayor explained
that the City must make similar arrangements for each owner and cannot offer
the Linkenheils something whi c h the other owners of property necessary for the
improvement would not receive. Discussion ensued.
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llrs. Linkenheil stated that they would accept a solution to the problem
of water drainage in the south end of their property in return for the right-.
of-way sale. Discussion ensued. Councilman McLellan stated that it is unlaw-
ful to drain water from one parcel of land on to another. Councilman Hill
asked that the City Engineer meet with Mr. and .Mrs. Linkenheil to study the ·
drainage and determine the approximate cost of such improvements. He urged
that in the meantime the title to the property necessary for the road be granted
to the City. Councilman Brownewell stated that due to the fact there are two
items under consideration one, the securing of right-of-way for West Dartmouth
Avenue and second, the drainage of the land south and · east of the Linkenheil
property onto the rear of their property. He stated that these were two separate
items, Counc~lman Braun suggested that $10.00 be offered for the deed. Mrs.
Linkenheil stated that they would not accept this offer. The Mayor replied
that the City must act before the next meeting of the Council as at that time
a contract will be awarded for the street improvements called for in Paving
District No. 9. He stated that if condemnation is resorted to that the court
would determine the cost.
(llr. and Mrs. Linkenheil left the Chambers)
The Mayor stated that the City cannot tP~e care of the water in the rear
of the Linkenheil property as costs are not known.
COUii: ILllAN GRAHAM MOVED, COUii: ILMAN BRAUN SECONDED, THAT AN OFFER OF
$1.00 PBR FRONT FOOi' BE llADE TO llR, AND MRS. LINKENHEIL FOR THE RIGHT-OF-WAY
WHICH IS NEBSSARY FOR THE IMPROVE)U;NT OF WEST DARTMOUTH AVENUE. Discussion
ensued. Councilman McLellan stated that an offer of more than $10.00 to
Linkenheils would not be fair to the other owners.
COUNCILMAN HILL MOVED, COUNCILMAN BRAUN SECONDED, THAT THE MCYrION BE
AllBNDBD TO OFFER THE LINKBNHEILS $10.00 FOR THE RIGHT-OF-WAY. Discussion
ensued.
(Mrs. Linkenbeil returned to the Council Chambers)
llrs. Linkenheil stated that it was raining and that the Council should
see their property tomorrow morning. The Mayor replied that the -Council does
not wish to go to court but does not cooperate well with those who establish
a hostile atmosphere.
(llrs. Linkenheil left the Council Chambers)
Councilman Graham stated that he would like to make a reasonable offer
in light of the penting condemnation suit. The City Attorney agreed that such
an offer should be in line with the appraisal.
COUI«:ILllAN BRAUN WITHDREW HIS SECOND FROM THE AMENDllBNI'.
The Acting City Manager stated that a $1.00 per front foot amounts to
$82.00 in this case and that as an appraisal showed the value of the land to
be $100.00, be stated that this appeared to be a reasonable offer.
COUI«:ILllAN HILL WITHDREW HIS MaI'ION TO AMEND.
The Mayor called for the question. Upon the call of the roll, the vote
resulted as follows:
Ayes:·: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The Mayor declared the motion carried. The Acting City Manager stated that
if the offer is refused the City Attorney should be authorized to proceed
immediately with condemnation.
COUI«:ILllAN BROWNDELL MOVED, COUNCILMAN BRAUN SECONDED, THAT THE CITY
ATl'ORlfBY BE AUTHORIZED TO PROCEED TO MAKE THE OFFER OF $1.00. PER FRONT Foor
FOR THB NBCBSSARY RIGHT-OF-WAY IN WEST DARTMOUTH TO MR. AND llR8. GEORGE
LINKDllBIL AMI> IF THIS OFFER IS REFUSED PRIOR TO MAY 9, THBN THB CITY ATrORNEY
18 llBRBBY AtrrHORIZBD TO PROCEED BY CONDEMNATION ON MAY llTH, Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilman Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
Tbe Mayor declared the motion carried.
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RBSCLtrl'ION ,RELATING TO WATER LINE IMPROVEMENTS PRIOR TO 1959 PAVING
The City Clerk read the following Resolution relating to the replacement
and improvement · of water service in areas in which the streets were to be
improved in connection with Paving Districtt No.· 9~·
RESOLUTION
WHKRBAS, Ordinance No. 15, Series of 1956, of the Ordinances of the City
of Englewood, Colorado, was finally passed and approved on July 2, 1956, and
is now in full force and effect; ;and
WHEREAS, said Ordinance prescribed rules and regulations for the opera-
tion and maintenance of the Water System of the City of Englewood; and
WHEREAS, said Ordinance provides, in part, by Subparagraph (b), (c),
Paragraph 25, Subsection A of Section 2 thereof, that the City may, with peti-
tion, construct a main of sufficient size, to serve the area served by an in-
adequate line, when, in its opinion, the line is causing undue hardship upon
the users of said line, or on the City; and
WHEREAS, undue hardship will accrue to the City and the owners connected
to the present private lines in certain locations because of imminent street
paving construction in said locations if connection is not made to the City
water lines.
NOW, THEREFORE, Be It Resolved By The City Council of the City of Engle-
wood, Colorado, this 4th day of May A.D. 1959, that all service connections
to the present small private water lines in the fpllowing locations be changed
over to City mains at once, because of imminent street paving construction 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:
On South Delaware Street between West Yale Avenue and west Amherst Avenue
On Southllarion Street between East Hamp:den Avenue and East Floyd Avenue
OD East Bates Parkway between South Ogden Street and South Downing Street
On East Hampden Avenue between South Marion Street and South Lafayette Street
On South Downing Street between East Hampden Avenue and East Eastman Avenue
On South Marion Street between East Dartmouth Avenue and East Eastman Place.
On East Girard Avenue between South Downing Street and South Marion Street.
On South Ogden St reet between East Cornell Avenue and East Dartmouth Avenue.
On East Dartmouth Avenu e between Sou t h Clarkson Street and South Franklin Street.
OD South Lincoln Street between East Girard Avenue and East Hampden Avenue.
OD West Quincy Avenue between South Br oadway Street and South Bannock Street.
On East Mansfield Avenue between South Broadway Street and South Logan Street.
On South Sherman Street between East Jefferson Avenue and East Kenyon Avenue.
Passed and adopted by the City Council of the City of Englewood, Colorado,
this 4th day of May A.D. 1959.
Published in
llay 7, 1959.
Press,
Mayor
The Ac t ing Ci ty Manager explained that this had become a routine matter
whe r eby any improvements to the Water System would be completed prior to the
paving of those streets. He stated that the change over charge to owners of
a 50 foot lot would be $50.00 . Discussion ensued.
COUNCILMAN BRAUN MOVED, COUNCILMAN KREILING SECONDED, THAT THE RESOLtrl'ION
RELATING TO WATER MAIN REPLACEMENT PRIOR TO IMPROVEMENT IN CONNECTION WITH
PAVING DISTRICT NOS BE ADOPTED. Upon the call of the roll, the vote resulted
as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Sc ott.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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MINUTES OF THE BOARD OF ADJUSTMENI' MEETING
The Mayor stated that the minutes of the Board of Adjustment and Appeals
for March 28th and April 8, 1959 were for informational purposes only and no
action was required.
Rll:OIOIBMDATIONS FROM PLANNING AND ZONING COMMISSION PROCEEDINGS OF APRIL 23RD
The City Clerk read the following amendment in full:
"That the City Planning and Zoning Commission recommend ~eo the City Council
that Ordinance No. 14, Series of 1957 of the Subdivision Regulations be amended
as follows:
(a) Amend Article l, Section 7, Definition S, by adding thereto
the following:
"5. Industrial Street. A street located in an industrial
district designed to serve industrial concerns by expedit-
ing safe movement of trucks and other industrial vehicles,
as well as customers and other traffic primarily local in
character."
(b) Amend Subdivision Regulations, Article II, Section 1, Para-
graph J, by deleting the words "arterial streets" and sub-
stituting therefor the words "arterial and industrial streets."
(c) Amend Article II, Section l, Paragraph K, by deleting the
words "arterial streets" and substituting therefor "arterial
and industrial streets" and adding the following at the end ·
of the present Section: "Sidewalks, industrial." 4 feet,
located against the back of the curb. If an industrial street
is also an arterial street, the specifications for arterial
street sidewalk location shall apply."
Amend Traffic Ordinance No. 39, Series of 1957, by designating East
Jefferson Drive as an arterial street retroactive to January 1, 1959 • .
COONC ILJIAN BRAUN MOVED, COUNCILMAN HILL SECONDED, THAT THE RECOIOIENDA-
T IOM OF THE CITY PLANNING AND ZONING COMMISSION RELATING TO AMENDING SUBDIVI-
SION REGULATIONS BE ACCEPTED AND THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAl'T
A BILL FOR AM ORDINANCE. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilman Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Mays: None.
Absent: None.
The Mayor declared the motion carried.
The City Clerk read a memorandum relating to the subdivision paving
policy as follows:
"It was agreed that Council should be notified that Planning
Commission does not feel any change in Ordinance or Subdivision Re-
gulation paving provisions is necessary. If a specific waiv..er :.·of
paving requirements is felt necessary in the future, more specific
reasons will be presented."
Councilman Kreiling stated that this does not satisfy his original
reason for bringing up the matter. ~e explained bis idea of having the sub-
divider of a small area ~~ardering on the one side of an unimproved street
should place a sum of money in escl'ow so that when the paving was petitioned
in that area that the money would be on hand. Discussion ensued. The
Acting City Manager read the minutes of the Planning Commission concerning
this item in full and stated -that in his opinion the use of escrow monies was
not the solution due to the fact of increasing costs whereby the fund set in
escrow may not be adequate to provide paving when actually contracted.
There was no action on this matter.
RECESS
The Mayor called for a recess of the Council until 10:15 P.M.
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ORDINANCE NO. 17, SERIES OF 1959
"AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD,
CCLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 9; ORDERING THE CONSTRUCTION
THEREIN OF STREET IMPROVEMENTS; PROVIDING FOR THE ISSUANCE OF BONDS OF THE
DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS; AMENDING S~TION 4 OF ORDINANCE
NO. 8, SERIES 1959, OF SAID CITY RELATING TO NOTICES TO CONTRACTORS AND TO
BIDDERS FOR SPJOC:IAL IMPROVEMENT DISTRICT BONDS OF SAID CITY; AND DJOC:LARING
AN EMERGENCY."
was read for the second time.
COUNCILMAN MARTIN MOVED, COUNCILMAN GRAHAM SJOC:ONDED, THAT ORDINANCE NO.
17, SERIES OF 1 959, BE PASSED ON SJOC:OND. READING AND ORDERED PUBLISHED IN
FULL IN THE ENGLEWoa> HBJlALD AND ENTERP HISE. Upon the 1call of the roll,
the vote resulted as follows:
Ayes: Councilman Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The Mayor declared the motion car r ied.
REPORT ON OFFER FOR PURCHASE OF LAND FOR PARK SITE
councilman Gr aham, Chairman o f the Committee to meet with the owners
of the land located near West B ~lleview Avenue and South Inca Drive, reported
that the offer of $19,000.00 had been reestablished but that no negotiations
on a figure less than that had oc c ul'ed. He expressed the opinion that this
figure of $19,0 00.00 represented the minimum that the owners would accept
for the land. Discussion ensued. The Mayor thanked Councilman Graham for
his efforts in this matter and his report thereon.
Councilman Braun asked the City Attorney to discuss the procedures
involved in condemnation. The City Attorney reviewed the procedures and
legal aspects o f condemnation. Councilman Gtaham stated this bis own thought
on the matter was that the Council s h ould accept the counter offer as the
only legal means the City may have in continuing to bold up development of
this land is t he potential flood hazard, which may not be recognized by the
court. Discussion ensued. The Mayor sumarized the discussion by stating
that it seemed that the City must proceed with condemnation if the City
wishes to purchase this land. Discussion ensued.
COUNCILMAN MARTIN MOVED, COUNCILMAN BRAUN sa::oNDED, THAT THE CITY ATl'ORNEY
BE INSTRUCTED TO PR<X:EED WITH CONDEMNATION ON THE APPRAISAL VALUE OF $10,750.00.
Councilman Graham stated that he mus t vote against this motion as the Council
might pay as h i gh as $25,000 .00 f o ~ t he land that the $19,000.00 seems more
reasonable to him. Discussion ensued. The City Attorney stated that due to
the discrep ancy th at p e r haps another appraisal is in order to check the posi-
tion of the City in this matter •.
Councilman Br aun asked f o r an in f ormal poll of the need for an addi-
tional appraisal. Councilman Hill asked that a poll be cast whether the
Council pay $1 9 ,00 0.0 0 f or the land.
The Mayor p olled the Council in 1·egard to the securing of a second
appraisal of th e land. He stated that the poll indicated that all the Council-
men were favorable to such an appr aisal.
COUNCILMAN BRAUN MOVED, COUNCILMAN MARTIN SF.CONDED, TO TABLE THE MarION
SETTING FORTH CONDEMNATION. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Br ownewell, Martin, Gr aham, Hill, Kreiling,
McLel l an, Woods, Scott.
Nays: None.
Absent: None.
The Mayor declared the motion ca1·ried. Courx:ilman Graham asked for a poll
if the City would pay $19,000.00 . Discussion ensued. Councilman McLellan
stated if the new appraisal is $15,000.00 to $17,000.00 a purchase at
$19,000.00 would be a buy but if less than the City should conde1111. Dis-
cussion ensued. The Mayor commented that proceeding with another appraisal
will commit t he City to condeDUl due to the fact that the additional delay in
replJiDg to the owners with regard to the City's purchase of the land may
cause the owners to lose a sale and place the City in a position of liability
to those owners. Discussion ensued.
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RESOLtrl'ION COMMENDING STATE LEGISLATORS
The City Clerk read a resolution commending State Senator Ranger Rogers
and State Representatives Peter Dominick and William Young for their support
of municipal legislation during the 1959 Session of the General Assembly:
RESOLtrl'ION
WHEREAS, Senator Ranger Rogers and Representatives Peter Dominick
and William Young supported amendment of the highway users tax and other legis-
lation beneficial and of interest to the City of Englewood and other munici-
palities of the State of Colorado in the 1959 Session of the General Assembly;
and
WHEREAS, the City Council of the City of Englewood is desirous of
putting on recor d its appreciation and commendation of the work of its Sena-
tor and Representatives in behalf of beneficial municipal legislation in the
1959 General Assembly:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Englewood, Colorado, this 4th day of May, 1959, that Senator Ranger Rogers
and Representatives Peter Dominick and William Young be and hereby are com-
mended by the said City Council for their active support in the 1969 General
A8seably of amendment of the highway users tax and other legislation benef i-
cial to the City of Englewood and the municipalities of the State of Colo-
rado, and that as an expression of the gratitude of the City Council of the
City of Englewood, a copy of this Resolution be forwarded to the said Senator
and Representatives.
COUlfCILllAN ICLELLAN MOVED, COUNCILMAN MARTIN SECONDED, THAT THE COUNCIL
ACCEPI' THE RESOLUTION COIOIENDING THE STATE LEGISLATORS FOR THEIR SUPPORT OF
MUNI C IPAL LEGISLATION. Upon the call of the roll, the vote resulted as
follows:
Ayes: Councilmen Braun, Brownewell, Martin, Gr aham, Hill, Kreiling,
McLellan, Woods, Scott.
Mays: None.
Absent: None.
The Mayor declared the motion carried.
COURT UPHOLDS CITY DENIAL OF LIQUOR LICENSES
The City Attorney reported that the County had upheld the Englewood
Council in their denial of the Miller Grocery Store Application for 3.2 Malt
Beverage License. He read a portion of the opinion whereby the court was
critical of the time limits set on Liquor License Hearings. The Mayor com-
mented that these limits had been secured by mutual agreement but that it
would be a matter that the City should watch in the future.
REPORT ON TRAILER COURT DELINQUENCIES
The City At torney stated that the Trailer Court owners are raising a
''War Chest" t9 fight the enforcement of the Trailer Licensing Ordinance.
Be stated that he bad been holding off until this matter came to a bead.
Councilman Graham suggested that the City must act prudently and not lose
revenue by lack of pursuance of legal means available. The City Attorney
agreed that this was desirable and stated that he would present these cases
into Police Cour t .
LINKENHEIL DRAINAGE
The Acting City Manager asked for Council authority to investigate the
drainage problem in the Linkenheil residential area. Councilman Martin re-
marked that care must be exercised so that the City is not involved in
solving the drainage problem at the rear of the lot in connection with the
paving on Dartmouth.
CONSIDE RATION OF BILLS, CLAIMS AND INVOICES FOR APRIL, 1959
COUNCILMAN BRAUN MOVED, COUNCILMAN WOODS SECONDED, THAT THE BILLS,
CLAIMS AND INVOICES LISTED BY THE CITY CLERK FOR THE MONTH OF APRIL, 1959
AM> APPROVED BY THE ACTING CITY MANAGER BE ALLOWED AND PAm. Upon the call
of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, G1·aham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The Mayor declared the motion carried.
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CYrHER MATTERS
Councilman McLellan stated that the gas tank at the re&E of the Police
and Fire Station should be moved for safety. Di scussion ensued. The Acting
City Manager stated that this and any other problems would be solved when
the City moves to a City Yard and Storage area.
REGARDING APPLICATION FO R LIQUOR LICENSE
Mr. Richard Simon spoke on behalf of Roxy Stone, operator of Roxy's
Lounge located a t South Santa Fe Drive and Hampden Avenue. He stated that
this property will be secured for State Highway purposes in the near future
and that Mr . Stone is seeking another site for his business. He stated that
a site at West Dartmouth Avenue and Santa Fe is being considered and although
Mr. Stone would not have a building on the premises he would like to have a
Liquor License considered prior to the completion of the purchase of this
property. He asked for permission to file an application for a Hotel and
Resturant License for the purpose of selling .Beer, Wine and Spiritous
Liquors by the drink with the City Council and that the Council call for a
public hearing. Di~cussion ensued.
The City Attorney stated that he had previously asked the Attorney
General for an opinion on this question of an application for liquor license
submitted to the Council prior to the erection of the building. He stated
that the At tor ney General had presented an opinion that such action on be-
half of the Council would not be legal. Mr. Simon stated that be was not
asking for an actual approval of the Council on the license but that an
indication as to the Council's favor or disfavor of the request.
Councilman Graham stated that if definite plans were prepared setting
forth the building to be completed and an application was granted under con-
ditions that such a building must be constructed then the Council would con-
trol the erection of the building. Discussion ensued. Mr. Simon stated
that State Law does not set forth the requirement for a building i to be er-
ected but that the Secrelary of State and Attorney General have set these
regulations. He asked that the Council accept the application as discussed.
The Ci ty Clerk received the application of Roxy Stone for a Beer, Wine and
Spiritous Liquor License for a site on West Dartmouth Avenue and Santa Fe
Drive.
COUNCILMAN HILL MOVED, COUNCILMAN KREILING SECONDED, THAT THE APPLICATION
BE PLACED ON FILE AND THAT THE CITY COUNCIL SET A PUBLIC HEARING ON THE MATTER
OF ISSUANCE OF THIS LIQUOR LICENSE ON JUNE l, 1959. Upon the call of the
roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent : None.
The Mayor declared the motion carried.
CAREER SERVICE COMMITTEE
The Mayor announced that Mr. Richard Purcell would accept Chairmanship
of the Career Service Committee which would review the personnel regulations
to be set up by the Career Service Commission when activated. He announced
that the first meeting would be held on May 13, 1959. Discussion ensued.
The Mayor asked that anyone the Council may feel is a potential Commissioner
should be contacted and his name given to the Switchboard Operator so that
be may be notified of the May 13th meeting.
ADJOURN
COUNCILMAN BRAUN MOVED, COUNCILMAN HILL SECONDED, THAT THE MEETING BE
ADJOURNED. Upon the call of the roll, the vote resulted as follows:
Ayes: Councilmen Braun, Brownewell, Martin, Graham, Hill, Kreiling,
McLellan, Woods, Scott.
Nays: None.
Absent: None.
The Mayor declared the meeting adjourned at 12:10 A.M.
Signed B. o. Beausang
8. o. Beausang, city clerk
Clerk of the Council
The minutes of the meeting of tbe City Council of the C1ty of Englewood,
Colorado, held on the 4tb day of May, 1959 A.D., stand approved as written
this 1st day of June, 1959, A.D.
ATTEST:
321