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HomeMy WebLinkAbout1958-10-20 (Regular) Meeting MinutesRBGULAR SESSION OF THE CITY -~oull:IL OF ENGLDoa>, COLORADO HBLD llOMDAY THE 20TB DAY OF OCTOBER, 1958 A.D. AT 8:00 P.11. * * * * * * * *** llayor Scott called tbe meeting to order and tbe invocation was given by Reverend Vern Klingll&D of tbe Ella.Duel lletbodist Cburcb. * • • • * * * * * Tbe llayor asked for roll call. PRBSB1'1': Braun, Brownewell, llartin, Graham, Bill, Jtreiling, llcLellao, Woods and Scott. ABSBIT: Hone. • * * * * * * * * Councilll&D Graham moved ) Kreiling seconded ) tbat tbe bearing on tbe application of Eddie B. Benoit, dba Bi-Lo llarket, 4509 Soutb Broadway, for licenae to •ell 3.2 beer, be opened. AYBS: Braun, Brownewell, llartin, Graham, Bill, Kreiling, llcLellan, Woods and Scott. KAYS: Rone. ABSENT: None. llr. Jack P. Sakdol, atto~ney~· ~e~resenting tbe Bi-Lo SUper llarket at 4509 South Broadway, presented petitions bearing 140 signature• and atated tbey were fro• the iaaediate vicinity and tbat 3.2 beer would be aold to "go-out" only. Tbe petitions read as follows: Tbe undersi1ned, wbo are customers of tbe Bi-Lo super llarket at 4609 South Broadway, Bn1lewood, Colorado, hereby petition this Honorable Council to issue a 3.2 beer license to E. B. Benoit, owner and operator of the Bi- Lo Super llarket, and as grounds for said petition state tbat we frequently trade at tbe Bi-Lo SUper market; however, it is neceaeary for us to go elsewhere if we desire to purchase beer, which causes inconvenience. We are all over the a1e of 18 years and it is our desire to purchase beer for consuaption in our homes at the time we purchase the faaily gro- ceries; therefore, it is requested that a 3.2 beer license be issued by tbis Honorable Council to llr. Benoit, dba Bi-Lo Super llarket and we feel that if such a license is issued that it will not be deterimental to any other persons in the co .. unity. llr. Richard B. Simon, attorney, representing tbose people who were opposed to tbe issuance of tbe license presented petitions signed by 1141 residents of voting age within a six block area of 4509 Soutb Broadway, and an additional 23 signatures of residents who live outside the iaaediate six block area, requesting the City Council to deny approval of tbe appli- cation of Eddie B. Benoit doing business as tbe Bi-Lo Super llarket for a license to sell 3.2 beer at 4509 South Broadway. The petitions read as follows: We the undersigned of voting age, residents of Englewood, Colorado living in tbe vicinity of 4509 South Broadway respectfully petition and request you, tbe local licensing authority to deny approval of tbe appli- cation for license to sell alcholic or malt beverages of any kind aade by Bddie B. Benoit, an individual, under trade name of Bi-Lo SUper llarket for tbe premises located at 4509 South Broadway. It is the belief that the establisb11ent of a place sellin1 liquor and/or beer at tbe above location is unnecessary and undesirable fro• tbe standpoint of safety, 11arality, and peaceful living of tbe citizens of the co .. unity, and frGll standpoint of tbe number of licensed outlet& in the City. We, the undersigned, therefore, hereby declare our opposition to tbe granting of such license. llr. Simon stated that the Council should consider the desires of the inhabitants by petitions or remonstrance. ,l I I I I I I I I Reverend D. Paul Perry of 4241 South Logan stated that selling 3.2 beer as a coamodity in a grocery store is· a temptation for teenagers. llr. James T. Cranor of 4557 South Bannock stated that be bad llOVed to Englewood because be bad considered it a good place for raising a faaily, and that beer should be kept in its place and did not consider market• aa suitable. llr. SillOn asked all those present who were opposing tbe license to stand, approximately fifty people stood up and gave their addr••• in op- po•in1 tbe liceDBe. Tbe Mayor tben asked those present to stand if they were in favor of tbe licen•e, there was no one to appear in favor. llr. Sakdol stated be could have brought a crowd but that tbe need8 of tbe co1111Unity are to be considered, teenagers could not purchase 3.2 beer in the store but that it would be available to those people who wished to have it in their homes. All signatures were voluntary and there was no organized drive to get signatures. llr. Si110n stated that three way licenses also sold beer and should be considered, and that petitions were voluntary and tbe aen and wo .. n of the Churches and schools carried the petitions and that tbe council should consider the evidence, petitions and remonstrance. Dr. Gatewood Milligan, 3975 South Fox Street stated that this could cau•e a "break through" for future liquor sales. llr. Schnackenberg of 4601 South Bannock Street was of tbe opinion that it was a subtle and vicious movement to make beer a coamon co•- 110dity such as food. A letter was received from Donald E. Bowen of 3768 South Grant Street in opposition to granting of tbe license. Councilman Graba• moved ) KcLellan seconded ) that tbe bearing be closed. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, KcLellan, Woods and Scott. HAYS: Hone. ABSENT : Hone. Councilman Brownewell moved ) McLellan seconded ) that tbe application be denied because of the demonstrated showing of opposi- tion presented. AYBS: Braun, Brownewell, Martin, Grabaa, Bill, Kreiling, KcLellan, Wood8 and Scott. HAYS: 1fone. ABSENT : Mone. • • • • • • • • • The matter of licen&ing tbe Killer Super Markets for aale of 3.2 beer at 101 West Floyd Avenue and 4160 South Broadway was brought up at this ti .. , •aid bearin1 on •a .. having been held Monday, October 6, 1958, and held over for further study. llr. Quiat, attorney for Miller's Super Markets stated that be would like to have the present 3.2 beer outlets placed in the records of tbe Kinute•. 1. They are as follows: Autoaart Store•, Inc. Si110n Slerota db• Snappy Food Shop 123 East Belleview 3201 South Santa Fe Councilman Bill 110ved ) llartln seconded ) that tbe application of Miller ~s Super llarket for licenae to sell 3.2 beer at 101 or 107 West Floyd Avenue be denied for tbe following reasons: This Council bad a full and complete public bearing on this matter on October 6th at which time petitions for and against the grantin1 of the applications were received and individual citizens appeared and spoke for and against tbe granting of the application. 2. Tbia Council baa bad two weeks to examine tbe petitions and consider - tbe require .. nts of tbe neighborhood and tbe desires of tbe inbabitanta. 3. Tbe requirements of the neighborhood are adequate and the inhabitants of tbe neighborhood do not desire tbe granting of tbis license as evidenced by tbe petitions presented and the appearance of indivi- dual citizens before this body. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. KAYS : lfone. ABSElfT: Hone. • • • • • • • • • Councilll&D Bill moved ) Martin seconded ) tbat tbe application of Killer's Super Market for licenae to sell 3.2 beer at 4160 South Broadway be denied for the following reasons:· 1. This Council bad a full and complete Public bearing on this matter on October 6th at which tiae petitions for and asainat the 1rantin1 of tbe applications were received and individual citizena appeared and spoke for and a1ainst tbe 1rantin1 of the application. 2. Tbis Council bas bad two weeks to examine tbe petitiona and consider tbe requireaents of the neighborhood and tbe lleaire of the i nhabitants. 3. Tbe requirements of the neighborhood are adequate and the inhabitants of tbe nei1bborbood do not desire the grantin1 of tbia licenae as evidenced by the petitions presented and the appearance of individual citizena before tbis body. AYBS: Braun, Brownewell, Martin, Grabaa, Bill, ltreiling, llcLellan, loodll and Scott. MAYS: Mone. ABSElfT : Mone • • • • • • • • • • The followin1 letter was received from the City and County of Denver, Depart .. nt of Public Works, dated October 6, 1958. In accordance witb the provisions of the Sewase Treat .. nt contract be- tween your district and tbe City and County of Denver, Colorado, you are hereby notified that effective Koveaber 15, 1959 the rate will be increased to $124.82 peraillion 1allons of metered sewage, or $15.50 per rear per dwellin1 unit or equivalent in the case of non-.. tered flow. Si1ned R. Y. Batterton, Manager Councilman Graha• moved ) Brownewell seconded ) that the letter be received and placed on record. AYBS: Braun, Brownewell, Martin, Grahaa, Bill, Kreilin1, llcLellan, Woods and Scott. MAYS: None. ABSENT : None • • • • • • • • • • Special quarterly Police Report on calls to liquor outlets was pre- sented and read. Councilll&D Grabaa moved ) Braun seconded ) that the report be received and filed. AYBS: Braun, Brownewell, Martin, Grahaa, Bill, Kreilin1, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • * * * * * • A report was aade on the Planning Comaission's denial of request for rezoning of a specific property at Northwest corner of the Lincoln, Dart- mouth intersection. (See Planning Commission Minutes of 10-9-1958) • * * * * * * • * I I I I I I I I • Tbe following recoaaendation was received fro• tbe Planning Coaaission. Tbat tbe existing easement for driveway on eacb side of tbe property line between lots 5 and 6, Preston Subdivision, be vacated in excbange for a 14 foot eaae .. nt for utility purposes aentered on said property line and a Quit Claia deed for a rounding of the corner at the Southerly end of the lot line, be accepted. Councilaan Bill aoved ) Braun seconded ) to approve the recommendations of the Planni~g Coallission, and that Jlr. Preston be inf oraed of the proper instruaents required. AYBS: Braun, Brownewell, Martin, Grahaa, Bill, Kreiling, •cLellan, Wooda and Scott . MAYS: Mone. ABSB!fr : None. • • • • • • • • • The following recoamendation was received fro• the Planning Coaaission. Tbat tbe portion of Verona Court which lies east of the north-south alley in tbe 3500 block between South Downing and South Marton Streets, be vacated. Councilaan Graba• aoved ) Braun seconded ) to approve the recommendation of the Planning Commission. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. MAYS: Mone. ABSENT : None. • • • • • • • • • The following recommendation was received from the Planning Commission. Tbat the City attempt to secure the necessary right-of-way for the widening of Soutb Downing Street in the 3500 Block in exchange for vacation of Verona Court on the west side of the north-south alley. Councilaan Graham moved ) Braun seconded ) to adopt the recommendation of the Planning Comaission. AYBS: BAYS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Wooda and Scott. None. ABSENT: None. • • • • • • • • • Tbe following recoamendation was received from the Englewood Water and Sewer Board. Tbat tbe Acreeaent between the City of Englewood and the Scenic View Water and Sanitation District, for water service to that district, be ac- cepted and executed, subject to final approval of the City Manager and Special Water and Sewer Board Counsel. Councilaan Braun aoved ) Bill seconded ) to approve the above reco ... ndation. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, llcLellan, Wooda and Scott. lfAYS: Mone. ABSBllT : Mone. • • • • • • • • • Tbe following recoamendation was received from the Bnglewood Water and Sewer Board. That tbe Agreeaent between the City of Englewood and the West Warren and Vallejo Water Association for the purchase of water aains owned by tbat diatrict, be accepted and executed, subject to final approval of tbe City •anaser and Special Water and Sewer Counsel. 161 Councilll&D Braun moved ) AYES: RAYS: Brownewell seconded ) that the above reco1U1endation be approved. Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Wooda and Scott. Rone. ABSENT: None. • • • • • • • • • The following recoaaendation was received from the Englewood Water and Sewer Board. Tbat the following resolution for assessments for water service be adopted. ASSESSDlft' FOR WATER SERVICE (Inside City) The aaaea&118Dt to property owners for water aervice in accordance witb Section A Paragraph 27 of Ordinance Mo. 15, Series of 1956, shall be aa follows: WITBIM RBSIDBlft'IALLY A!ID COllllDCI&LLY zomm AREAS Por regularly shaped lots or tracts within Residentially and Coaaer- cially zoned areaa, the assessment for connection to City-owned water aaina •ball be $3.50 per foot of property served, regardless of tbe size of tbe aain installed in the street, and such figure aball include and cover lot depths up to 140 feet. The following exceptions aball apply: (a) In caaea where such lots or tracts are of sufficient deptb to enable the owner to divide eacb lot into approxima.tely equal parts bf .. ana of a atreet or alley dedication or otherwise and in accordance witb tben exiating zoning regulations, the assessaent will include and cover only one auch part of the original depth; and otber tap aseeesaents will be required for any other parts of the lot at such time as any water tape are requested for same. (b) In cases of odd and irregularly shaped lots or tracts tbe front footage to be charged for shall be the average of the widths at tbe front and at tbe rear of the lots as beat deterained by coaputation or by acaling fro• accurately drawn plats. (c) In cases wbere an owner has sufficient land or platted lots adjacent to the premises in which the residence or bU8ineas is located or planned to be located that would comprise one or more additional re- sidential or coamercial building sites in accordance witb then existing zoning regulations, tbe owner may elect to apply and pay for only one building site at a time. (d) In all other cases not covered above, the Director of Utilities - shall determine and use the requirement most nearly applicable to the case, and most nearly equitable for both the City and the owner. (e) The •inimum assessll8nt charge for any one tap in a Residential or co .. ercial zone shall be $150.00 WITHIM IRDUSTRIALLY ZODD AREAS The Resolution by City Council dated December 16th, 1957, establiab- ing "Baae Water Tap Assessments for Industrially loned Lands: is &11eaded to include the following paragraph: "In cases where a residence exists in an Industrially zoned area, the owner aay elect to pay assessment only on that portion of bis .land which is normally used as a residential site, and when request is ma.de for taps to ·any of the balance of bis land, the same rate schedule and provisions shall apply for each tap.~' GEMBRAL PROVISIONS All water tap assessment charges shall be paid in full amount to the City of Englewood Water Department at the time of application for water tap. The owner or applicant shall provide the Water Departaent with tbe correct legal description of the lot or tract for whicb water service is requested, and such information shall be shown in all applicable records of the Water Departaent as well as upon the receipt of the applicant. In cases covering Industrially zoned lands, the exact amount of acreage in- volved shall also be a part of the recorded information. I I I I I I I I Councilman Brownewell moved ) Martin seconded ) that the resolution on assessments for water service be adopted. AYBS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, llcLellan, Woods and Scott. HAYS: Hone. ABSENT : Hone. * * * * • • • • • The following recommendation was received from the Water and Sewer Board. That the Water Department Capital Improvement projects for 1959f and 1960 be approved according to the following schedules. RBCOIOIBHDBD CAPITAL IllPROVEllE!rl' PROJIX:TS FOR 1959 INCLUDING BUT NOi' LIMITED TO THB FOLLOIIKG: 1. Install New Iapeller and 150 H.P. Motor on 16 x 14 Pu•p at River Puaping Plant thus increasing pumping capacity by approximately 2 Million gallon per day. In 1959 Budget $ 7,000 2. 3. lnmtall gates at intake to River reservoir to better control use of water. In 1959 Budget Tie in Valley Development Company wells to Valley Water District system in order to be able to puap the wells direct into the system during short periods of high consumption and water shortage. This will aake the existing raw water gravity line fro• the well• available for Brown and Nevada Ditch water. The gravity line fro• the wells is not of sufficient size to carry both well water and ditch water. This will also take about 4.0 11.G.D. load off the river puaping plant, treated water pumping station and the filter plant. Included will be connecting main, clearwell and puap, and 3,000 provisions for chlorination 25,000 4. Tie in Colorado Central Power Company wells to City syatea in Scenic View for saae reasons as No. 3 above and involving aiailar construction. Inaamuch ·as the Colorado Central Power Coapany aight sell their land in the near future, arrangeaents abould be aade for a long term lease of the wells or the purchase of the land with the wells. 5. 6. 7. (Cost for any such transaction is not included) Additional Water Rights. In 1959 Budget Engineering and inspection for above projects. In 1959 Budget Engineering for proposed raw water storage reservoir Total RBCOIOIUDm> CAPITAL IllPROVBllDT PROJBCTS FOR 1960 INCLUDING BUT MOO' LllllTBD TO TBB FOLLOIIRG: l. Construct Treated water storage tank in Sceaic View Area. (Approxiaately 500,000 gallon•.) Thia will inaure better .~pres­ sure in this area and provide abort period supply when main supply 65,000 25,000 7,000 12,000 144,000 should be disripted for repair, tie-ins etc. 60,000 2. Saall su ... r tiae Filter Plant near end of llcBrooa Ditch to serve areas west of the Platte River. This will further take a load off the main Filter Plant and also eliminate the necessity of ·.an extra puaping of tbe raw water. Includes necessary mains to connect to aain constructed from wells pumping station to Scenic View. 128,000 3. Additional Water Rights 25,000 4. Engineering and inspection for above Projects. 15,000 Councilaan Braun 110ved ) Woods seconded ) Total $228,000 that the Capital Iaproveaent projects for the years 1959 and 1960 be approved as presented. 163 ORD.#31 AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. RAYS: Kone. ABSENT: Hone. • • • • • • • • • Tbe following reco1U1endation was received fro• the Water and Sewer Board. Tbat the City negotiate i .. ediately for engineering for coaplete plana and apecifications for the recommended Water Departaent Captial Iaprove11ent Projects for 1959. Councilaan Braun 11aved ) Brownewell seconded ) to approve the recoaaendation and negotiate i ... diately. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellan, Woods and Scott. KAYS: Mone. ABSE1'1': Hone. • • • • • • • • • A contract was presented whereby Dale H. Rea, Conaulting Bngineer would prepare plans and specifications and proceed with the Capital 1•- prove .. nt Program for 1959 as described above. Councilaan Kreiling aoved ) Martin seconded ) that the contract with Dale H. Rea, Consulting Engineer, be signed subject to the approval of the City Manager and tbe City Attorney. AYBS: Braun, Brownewell, Martin, Graham, Hill, Kreiling, llcLellan, Woods and Scott. MAYS: Kone. ABSENT : Hone. • • • • • • • • • Tbe following recommendation was received from the Water and Sewer Board. That special Water and Sewer Counsel, M. o. Shivers, Jr., be designated to represent tbe City of BDglewood at the annual meeting of the McBroom Ditch Company and the annual meeting of the Nevada Ditch Holding Company. Councilman McLEtllan moved ) Woods seconded ) that the •ecommendation be approved. AYES: Braun, Brownewell, Martin, Graham, Hill, K.1.·eiling, McLellan, Woods and Scott. HAYS: Hone. ABSENT: Hone. • • • • • • • • • Tbe following ordinance was presented on second reading. ORDIHAHCB HO. 31 SERIES OF 1958 All ORDIKAlfCB AllB1'DIKG ORDINANCE HO. 33, SERIES OF 1957, OF THE ORDIKAlfCBS OF TBB CITY OF DGLEWO<J>, COLORADO, KMOWH AS THB "OFFBMSBS ORDilf.AlfCB," BY ADDillG TllDBTO llmTIOlf 14.3 BITITLBD "ROCKBTS", RBGULATIKG TBB SALB, llAIUJPACTURI OD USB OF Ma>BL ROCJCBTS OR MISSILE TYPB PROJBCTILBS. Mr. Harry Stein expert on rockets spoke regarding the publication on rockets. Councilman McLellan moved ) Braun seconded) that the oridinance just read be intro- duced and passed on second readin·g as Ordinance Ho. 31, Series of 1958 and ordered published in the BDglewood Herald and BDterprise. AYBS: Braun, Brownewell, Martin, Graham, Rill, Kreiling, McLellna, Woods and Scott. RAYS: Rone. ABSENT: None. • • • * * * * * * I I I I I I I I Suppleaent No. 2 to Connectors Agreement to the South Arapahoe Sani- tation District was presented and read. Councilaan Kreiling moved ) Hill seconded ) that the Supplemental Agreement be approved and that the llayor and City Clerk be authorized to sign. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, KcL•llan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Suppleaental No. 6 to Contract and Agreeaent to the South-Bast Englewood Water District was presented and read. Councilaan KcLellan moved ) Braun seconded ) that the Suppleaental Agreement be approved and that the Mayor and City Clerk be authorized to sign. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreiling, McLellna, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • AD easeaent grant to the Mountain States Telephone and Telegraph Coapany for the laying of cable across the Old Atchison Ranch was pre- sented for approval, said cable to serve the Martin Coapany Plant. Councilll&Q Braun llOVed ) Bill seconded ) that the easement be 1ranted subject to provisions that the eaae .. nt a1ree .. nt shall be terminated if and wben the Martin Company withdraws entirely froa the lease- purcbase agreement which now exists be- tween the City of Bnglewood and the Martin Company. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, KcLellaa, Woods and Scott. MAYS: None. ABSENT: None. • • • • • * * * * The City Manger reported he bad made all request• regardin1 tbe BuclSe~ for 1959 and that since tbe State Tax Co .. issioD and the County Co .. isaioners were involved in a suit regarding assessments, the llill levy bad not been approved. Councilman Hill moved ) Braun seconded ) that the City Attorney write a letter to the State Tax Coaaission regardin1 sa98. AYES: Braun, Brownewell, Martin, Graham, Hill, Kreilin1, llcLellan, Woods and Scott. MAYS : None. ABSENT: None. * * * * • * • * * The City Manger proposed the activation of all "Boards and co-issiona" Provisions in the City Charter, as tied in with organizational plan revi- sion and new salary scale. Councilaan Kreiling moved ) Bill seconded ) that proper resolution be drawn and pre- sented. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, KcLellan, Woods and Scott. KAYS: None. ABSENT: None. * * • • • • • • • Tbe City 11&n1er s ·tated that the annual appropriation ordinance be drawn. I 165 • Council11&11 Grabaa 11e>ved ) Braun seconded ) that the City Attorney prepare the annual appropriation ordinance. AYBS: HAYS: Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. Hone. ABSENT: Hone. • • • • • • • • • Tbe Mayor stated that tbe Metropolitan Mayors and llangers Association bad agreed on membership fees of $5.00 per year and asked the Council if they would want to go on record as approving same. Councilaan Bill aoved ) Brownewell seconded ) that the City of Englewood approve $5.00 per year aeabership fee to the association. AYBS: Braun, Brownewe1i, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. HAYS: Hone. ABSENT: None. • • • • • • • • • All Departmental reports were received and filed. • • • • • • • • • The following resolution was presented and read. RESOLUTIOH WllBRBAS tbe owners of several properties bordering tbis City have expressed their desire and intent to present annexation petitions to the City; and WllBRBAS the area included in these petitions may necessarily include City-owned properties, wbicb it would also be desireable to have within tbe corporate liaits; · HOlr TBBRBFORB, BB IT RESOLVED that the Mayor and &ity Clerk of this City are hereby authorized and directed r ~to sign, on behalf of tbla City, sucb petitions for annexation to the City of Englewood as aay include properties owned by tbe City of Englewood. Councilaan Grabaa moved ) AYES: HAYS: McLellan seconded ) that tbe above resolution be approved and adopted. Braun, Brownewell, Martin, Graham, Bill, Kreiling, McLellan, Woods and Scott. Hone. ABSENT: None. • • • • • • • • • Councilman Braun moved ) Bill seconded ) to adjourn. AYES: Braun, Brownewell, Martin, Graham, Bill, Kreiling, llcLellan, Woods and Scott. NAYS: None. ABSENT: None. • • • • • • • • • Tbe ainutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 20th day of October, 1958 A.D., staad approved as written this 3rd day of November, 1958, A.D. ATTBST: I I I