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HomeMy WebLinkAbout1975-09-15 (Regular) Meeting MinutesCOUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO SEPTEMBER 15, 1975 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on September 15, 1975 at 7:30 P.M. Mayor Taylor, presiding, called the meeting to order: The invocation was given by Rev. David Hunter, Hampden Hills Baptist Church. The pledge of allegiance was led by Boy Scout Troop 154 which is sponsored by the Englewood Volunteer Fire Department. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Jones, Sovern, Blessing, Brown, Clayton, Mann and Taylor. Absent: None. The Mayor declared a quorum present. Also present were: City Manager McCown Assistant City Manager Nollenberger City Attorney Berardini .D.irector of Finance James Deputy City Clerk Johannisson Councilman Clayton noted on Page 5 of the Minutes of the September 2 meeting of 1975 that in the third paragraph, second sentence, the minutes should be changed to reflect: "The City cannot contribute more than one mill toward the fund" instead of "one half mill." COUNCILMAN JONES MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ACCEPT THE MINUTES OF THE COUNCIL MEETING OF SEPTEMBER 2, 1975, AS CORRECTED. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Clayton, Taylor, Mann, Brown, Blessing. NAYS: None. ABSTENTION: Council Member Sovern. The Mayor declared the motion carried. - 2 - Vern Shoup was present, representing a Senior Citizens Group, to receive a proclamation from the City of Englewood. Mayor Taylor read the proclamation proclaiming September 25, 1975, as Senior Citizens Day. COUNCILMAN CLAYTON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO ACCEPT THE PROCLAMATION AND PROCLAIM SEPTEMBER 25, 1975 AS SENIOR CITIZENS DAYS. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing, Brown. NAYS: None. The'Mayor declared the motion carried. Mr. Shoup made some comments and thanked Council for the Proclamation. Mr. Werner Schnackenberg, 4601 South Bannock, was intro- duced. He received a Proclamation from the Mayor proclaiming September 21, 1975, as World Peace Day. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ACCEPT THE PROCLAMATION AND PROCLAIM SEPTEMBER 21, 1975 AS WORLD PEACE DAY. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing, Brown. NAYS: None. The Mayor declared the motion carried. Mr. Schnackenberg thanked the Council for the proclamation. He introduced other members of the Baha'i Faith congregation in Englewood. Mr. Schnackenberg invited other interested citizens to attend World Peace Day services to be held in City Hall in the Community Room at 7:30 P.M. on September 21, 1975• Sam Drury, 201 E. Stearn Blvd., speaking for Mr. Gene Cooper, Chairman of the Arapahoe County Task Force on Alcohol Problems, Inc., explained the proposal of the Arapahoe County Alcoholism Detoxification program and center to the City Council. He assured Council that the Center would be opened - 3 - before year's end. He said that the group is working with the City of Aurora, DRCOG, and the State Department of Health in developing the program. In response to Council questions regarding funding, Mr. Drury said that they are currently running on contributions and that Arapahoe County funding has not been acted on yet. He also stated that the State budget cuts have not affected their program as of yet. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO CONTRIBUTE $3500 WHICH WAS SET ASIDE FOR THE ALCOHOL DETOXIFICATION PROGRAM FROM THE LIQUOR OCCUPATIONAL TAX FOR THE YEAR 1976. In response to Councilman Clayton's question regarding the make-up of the Board, Mr. Drury stated that the Board was picked, trying to get a cross section of persons in Arapahoe County. He also stated that a member from the City of Englewood Council should be on the Board since the City has appropriated a contribution to the program. Councilmen Brown and Sovern commended Mr. Drury on the work that the program has set out to do. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing, Brown. NAYS: None. The Mayor declared the motion carried. Mr. Don Smith, 3165 So. Sherman, and Mr. Pat Murphy, 3535 So. Sherman, were recognized. They were present to discuss a recommendation to convert Sherman Street back to two-way traffic. Councilman Mann pointed out that this recommendation was not to include reverting Bannock to two-way traffic. RESOLUTION NO. 42, SERIES OF 1975. A RESOLUTION RETURNING SHERMAN STREET TO TWO-WAY TRAFFIC. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO PASS RESOLUTION NO. 42, SERIES OF 1975. Mr. Murphy commented that this recommendation should be favorably considered because of the following: - 4 - (1) Business on south Sherman Street would benefit. (2) Even though the street is marked one way, he's seen a lot of two way traffic. (3) He doesn't see a need for a one way street in this area. (4) There are a large number of accidents at the inter- section of 285 and Sherman Street. He indicated that in the past three years there have been in excess of twenty accidents per year. Mr. Smith presented eleven petitions containing signatures of residents and businessmen in the affected area. He cited the following reasons for wanting the change back to two way traffic: (1) There is a great deal of wrong way traffic. (2) He doesn't see a reason for a short stretch of Sherman to be one way. (3) There is a great deal of drag racing. (4) A change would not produce any real traffic problems, as it is a residential street. In response to Councilman Clayton's questions, Mr. Smith stated that this is basically a residential area and it is more suited to two way traffic. If it were a primary artery north and south, one way traffic could be more feasible, but this is not the case. Mayor Taylor suggested that the Council consider tabling this item because the cost to make this change would be consider- able. Mr. Smith pointed out that this consideration had been tabled in the past, and nothing has been done to date. If it is tabled, a specific date to untable the item should be set. Councilman Mann stated that the item had been tabled because it included Bannock Street. He said that the City staff had said in the past that it would be acceptable to revert Sherman to two way traffic. He further stated that he would agree to a table, if it was brought back for consideration at the next Council meeting. Councilman Blessing noted that the Planning and Zoning Commission Master Street Plan indicates that Sherman Street should be a one way street. - 5 -- �tOUNCILMAN BLESSING MOVED THAT CONSIDERATION OF REVERTING SOUTH SHERMAN STREET TO TWO WAY TRAFFIC BE TABLED. After Council discussion, Councilman Blessing withdrew his motion for a table. Councilman Sovern stated that two considera- tions need to be made: (1) Determine what the costs are for making this change. (2) Have the Planning and Zoning Commission consider this change and how it will affect the Master Street Plan. Councilman Brown stated that the City Council must be concerned with the wishes of the citizens. He also stated that parking may be a consideration. He asked that those people in the audience that were for changing the South Sherman Street to a two way street stand; 11 people stood. He asked for those who were against it to stand; one person stood. Mr. Smith stated that parking doesn't seem to be a problem where residences are on South Sherman Street. Mr. Murphy stated that he had talked with the City Engineer (Sagrillo). Mr. Sagrillo had informally said that South Sherman would be best off as a two way street. In response to Councilman Mann's questions, Mr. Murphy said that one way traffic restricts traffic flow and access to properties. He also stated that changing Sherman to two way traffic would have no affect on his development, although the change would help. Councilman Mann stated that changing South Sherman to two way traffic would give better access to the residences and busi- nesses affected. Upon a call of the roll, the vote on the motion to pass Resolution No. 42 was as follows: AYES: Council Member Mann. NAYS: Jones, Sovern, Clayton, Taylor, Brown, Blessing. The Mayor declared the motion defeated. COUNCILMAN SOVERN AND COUNCILMAN BLESSING SECONDED A MOTION TO RECONSIDER REVERTING SOUTH SHERMAN STREET TO TWO WAY TRAFFIC AT THE OCTOBER 6th, 1975, COUNCIL MEETING, AFTER THE PLANNING AND ZONING COMMISSION HAS'MADE THE APPROPRIATE STUDY AND HAS FORWARDED COMMENTS TO THE CITY COUNCIL. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Brown, Mann, Blessing. NAYS: None. The Mayor declared the motion carried - 6 - Mr. Floyd Engeman and Thomas McKeon were present to request a reissuance of a liquor license to Mr. McKeon at the Ground Round Restaurant, 5180 South Broadway. City Attorney Berardini explained the reissuance procedure for the Ground Round. He stated that this is an unusual situ- ation because the Ground Round is a subsidiary of Howard Johnson. Because Howard Johnson has several outlets in the State of Colorado , they must set up individuals to act as the licensee at the various outlets. Because there is a provision in the State Liquor Code which prohibits multiple licensing, he said that on the face of this there seems to be some financial question relating to the legality of issuing licenses in these cases, but that the State has approved over one hundred of these types of licenses over the past years. Mr. Engeman stated that the Colorado Congress defeated a bill in this year's session which would have permitted multiple ownership for restaurants. Mr. Dolan, the Director of Revenues for the State, said that the issue of multiple ownership of liquor licenses is going to be reviewed. He said the license, situation existing now will remain status quo until the Colorado Legislature can make a decision in one of the future sessions. Mr. Engeman stated that the license at the Ground Round has been in existence for over two years, and that it was initially licensed with the approval of Council and the State under the same financial provisions that exist now. Mr. Engeman Stated that Mr. McKeon's agreement- had some changes which include: (1) He will pay fees to Howard Johnson's instead of per- centages of gross. He will be responsible for all costs of operation. (3) Food and alcohol sales will be accounted for separately. Mr. Engeman stated that the manager now is Lee Riley and he will have direct supervision of the Ground Round operation. Mr. McKeon will have supervision of Mr. Riley and will attempt to visit the operation on a monthly basis. Mr. Engeman pointed out that the Ground Round has been a "clean operation" in the past. Mr. Engeman stated that Mr. McKeon will own the license, and that the financial question that could be raised is one that should be settled by the State and not by the City Council. In response to Councilman Jones' question, Mr. McKeon stated that Mr. Webb, who was the previous manager, has been transferred. In response to Councilman Clayton's questions relating to food, alcohol, etc., Mr. McKeon explained the type of operation that the Ground Round is and fully explained the differences in percentages of income from food and alcohol. In response to Mayor Taylor's question, Mr. McKeon stated that there would be absolutely no change in the type of operation. - 7 - COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO GRANT THE REISSUANCE OF THE LIQUOR LICENSE TO THOMAS M. McKEON D/B/A AS THE GROUND ROUND RESTAURANT, 5180 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Taylor, Mann, Blessing. NAYS: Council Members Brown and Clayton. The Mayor declared the motion carried. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO CONSIDER ITEM 6(d) RELATING TO A RESOLUTION FOR M. M. SUMMERS DAY. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Mann, Brown, Blessing. NAYS: None. The Mayor declared the motion carried. RESOLUTION NO. 43, SERIES OF.1975. A RESOLUTION TO PROCLAIM SUNDAY, DECEMBER 7, 1975, AS M. M. SUMMERS DAY IN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PASS RESOLUTION NO. 43, SERIES OF 1975. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Mann, Brown, Blessing. NAYS: None. The Mayor declared the motion carried. Council Members Clayton and Brown commented on the fine work M. M. Summers has done for the City of Englewood, and Mayor Taylor asked that City Council members leave their seats and congratulate Mr. Summers. The Council took leave and shook hands with Mr. Summers who then thanked the Council for this honor. - 8 - Pat Lee, 1171 W. Oxford, was present to represent St. Louis Catholic Church in a request for a Special Events Liquor Permit. She stated that the church and school are requesting a Special Events Permit in order to serve wine and beer at their annual spaghetti supper on November 15, 1975. COUNCILMAN MANN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO SET A PUBLIC HEARING FOR OCTOBER 20, 1975, TO CONSIDER ISSUING A SPECIAL EVENTS PERMIT TO ST. LOUIS CATHOLIC CHURCH AND SCHOOL TO SERVE BEER AND WINE ON NOVEMBER 15, 1975. Upon a call of the roll, the vote resulted as follows: AYES: COUNCIL Members Jones, Sovern, Clayton, Taylor, Mann, Blessing, Brown. NAYS: None. The Mayor declared the motion carried. COUNCILMAN MANN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APPROVE A REQUEST FOR REMODELING AT ARNY'S LOUNGE, 3467 SOUTH bROADWAY. Councilman Brown asked if it is legally okay. Deputy City Clerk Johannisson explained that the building department would issue a permit based on the plans received, and that Mr. Arnold must comply with all building codes in the proposed remodeling. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Taylor, Mann, Blessing, Brown. NAYS: None. The Mayor declared the motion carried. Mr. Maurice Merlin, 3688 South Sherman, appeared and explained that he is against changing South Sherman to a two way street and said that the large number of accidents could be attributed to a faulty light at South Sherman and 285. He spoke on the proposed dog ordinance and said that dog owners should bear the cost of the City's services pertaining to dogs, such as dog wardens. He also said the City should license all dogs. He spoke about the proposed raising of water rates and said that this action should not be taken until after the . 9 - proposed budget hearings. Mayor Taylor called for a recess at 9:05 P.M. Council reconvened at 9:20 P.M. Upon a call of the roll, Council Members Jones, Sovern, Clayton, Mann, Brown, Blessing were present and Mayor Taylor was absent. Mayor Pro Tem Mann stated that Mayor Taylor had teen ill and had to leave the meeting. Mayor Pro Tem Mann stated that the City Council would not be acting on any water or sewer increases at this meeting. COUNCILMAN SOVERN MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO OPEN THE PUBLIC HEARING TO CONSIDER AN APPLICATION FOR A 3.2 FERMENTED MALT BEVERAGE LICENSE FOR CONSUMPTION ON THE PREMISE BY MBF CORPORATION D/B/A DEADWOOD DIGGINS, TO BE LOCATED AT 3550 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: 11E . AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Council Member Taylor. The Mayor Pro Tem declared the motion carried. All participants in the public hearing gave testimony under oath. William D. James, Director of Finance for the City of Englewood, was recognized. He presented the facts which are a part of the MBF Inc. application. (1) Application for a 3.2% Fermented Malt Beverage License was submitted and considered complete and in proper form. Checks made and the address to reflect the correct address which is 37550 So. Brod adway. (2) All fees required have been remitted. (3) Personal History forms have been received and completd for. Michael B. Freilinger, President, Michael Franklin Freilinger, Vice President and Treasurer, Lynn Ann Freilinger, Secretary. (4) Letters of reference have been received attesting to the good character of the applicants. - 10 - (5) An Agreement for option, dated July 1, 1975, giving lease rights to the property pending approval of the application. (6) Building plans have been submitted outlining antici- pated remodeling of the facility. (7) Articles of Incorporation are on file. (8) The Police Department has conducted an investigation of the applicants and reports indicate that there are no records or wants on the applicants. (9) Notice of Public Hearing was published in the Englewood - Herald Sentinel, August 21, 1975. (10) The Department of Community Development has stated in writing that the proposed use will comply with the zoning which is B-1 Commercial. A correction to the address in the letter was noted. (11) The applicant and his attorney were notified in writing on September 9, 1975 that the application was in good order and prepared to be heard in a public hearing on September 15, 1975. (12) A petition opposing issuance of a 3.2 beer license at this location was signed by 45 persons residing and/or working in the neighborhood. The petition was circulated by Albert J. Finer, 3524 South Broadway. Additional letters were received from Albert J. Finer, Louise M. Buchler, and C. Charles Buchler, 3580 South Lincoln Street. (13) A map of Englewood locating the proposed location of the applicant's business. Also located on the map are 3.2 beer, consumption on premises, outlets in Englewood. Richard M. Graham, attorney for the applicant, 300 E. Hampden, appeared, presented petitions from 400 people supporting the application and which were marked as applicant's exhibit A. He indicated that the applicant plans on spending $20,000 in the remodeling of the building. He stated that the idea of a 3.2 beer night club may be a nasty word to many of the older citizens of Englewood, but this is a type of outlet which should be considered favorably as a place for the younger people in Englewood to congregate. He said that the facility will serve pizza and other items via radar ovens. They will have various amusement items to include foosball, pool, and electric pong. They plan on having recorded music during the week days and are considering live entertainment on week ends. Michael B. Freilinger, P. 0. Box 187, Parker, Colorado, in answer to Mr. Graham's questions, stated that he would have one hundred percent involvement in the management of the proposed facility. It will be a family operated and financed operation. He stated he had applied for and had been granted a 3.2 license in Arapahoe County in the late 19601s, but it was never operated because of a management dispute with other partners. He stated his ideas on the management of an outlet like this, that it should be a family -owned operation so tthat the patrons can have an identification with the management. He also said that the proposed outlet would have a specific motif relating to the "turn of the century" mining operation and would have appropriate decor and the dress of the employees would coincide. He stated that he had circulated one petition. Michael Franklin Freilinger, 1520 So. Albion, in response to Mr. Graham's questions, stated he was a son of Michael B. Freilinger, and that he will manage the operations and will be always on the premises. He stated that he helped in the develop- ment of all the plans for the Deadwood Diggins. He said the facility would serve 3.2 beer and various foods to be prepared in radar ovens, together with various snack items. He stated that there would be a game room for the patrons. He said that he had not managed an operation like this in the past, but would do his best to run a clean operation. He stated that he did not circulate any petitions because of other requirements. Diane Freilinger, P. 0. Box 187, Parker, Colorado, in answer to Mr. Graham's questions, stated she was the wife of Michael B. Freilinger and the mother of Michael Franklin Freilinger. She stated that she passed several petitions during the four -week period. She stated. she tried to get a good cross section of residents of Englewood. She stated that a large percentage of those canvassed were for approval of this license, they felt it was a good idea, that it gave young people a respectable place to go. Lynn Freilinger, 1520 So. Albion; she stated that she had passed petitions in the City of Englewood and that the majority of those canvassed had signed a petition for issuance of the license. The comments that she got were that a place of this nature would be a good place for young people to congregate. Mr. Graham stated that the City Council has expressed a great deal of concern about senior citizens. He stated that the Council might also express the same type of concern for the young people in the City. In answer to Mr. Graham's questions, Michael Franklin Freilinger stated that the building had been properly posted on the day following the Council meeting at which the poster was presented to them. Mayor Pro Tem Mann asked if there were any other persons in the audience who were for the issuance of this license. - 12 - Myrtle Jones, 5020So. Washington, stated that she has a 22-year old son and that an outlet like this would be a good place for young people to congregate. Mayor Pro Tem Mann asked if there was anybody in the audience that wanted to speak against the issuance of this license. M. M. Summers, 3140 So. Delaware, asked Michael B. Freilinger several questions. In answer to his questions, Mr. Freilinger stated that they had in excess of 400 signatures on their petitions, and that they tried to cover the whole City. He stated that the operation would be a 3.2 beer club, and explained more fully the operation. Mr. Summers stated that the liquor code says that the issuing authority consider the needs of the neighborhood and not the whole City. He said that other cities set up districts for consideration, and that in the past the City of Englewood has used a 6-block area. In response to Mr. Summers questions, Director of Finance James stated that the City had designated the boundaries of the City as the area of consideration. Mr. James read the motion from the meeting of August 18, setting the City limits as the boundaries. Mr. Summers said setting the City limits as the boundaries is illegal and referred to the precedent referred to in the liquor code. He asked that the petitions for the issuance of the license be disallowed and be declared invalid. Mayor Pro Tem Mann stated that the City Council would consider Mr. Summers' objection after the public hearing. He also asked Mr. Summers to consider others who may wish to speak after him. Mr. Summers spoke on his personal opinions relating to 3.2 beer and liquor and the various problems that it causes. He said Council should consider its closeness to Flood Jr. High School. He stated that there were too many other places in Englewood now. He said that the City Council should consider putting an item on the ballot at the next election which would limit the number of liquor outlets that could be permitted in Englewood. He stated that if the City Council approved this outlet, he will take it to Court. He stated that if the peti- tioners who had signed the petition were interested enough to have this type of outlet in Englewood, they would appear per- sonally at the City Council to support issuance of this license. Mrs. Oldenburg, 3776 So. Lincoln, questioned Michael B. Freilinger. In answer to her questions, Mr. Freilinger stated - 13 - that someone would be at the door checking I.D.'s of all persons entering. He stated that the hours of operation would be from 8 to 12 P.M. on weekdays, and the week end hours had not been established as of yet but would probably be from 4 to 12 P.M. City Attorney Berardini stated that there are no restric- tions as to the closeness of a school in the issuance of a 3.2 beer license; this only relates to a liquor license issuance. He further stated that the licensee would have to abide by all noise ordinances, and that the Police force would be the one acting in the enforcement capacity. Mrs. Oldenburg stated that as far as she knew the petitions had not been passed in her neighborhood. She stated that her neighborhood already has too many problems with kids. She says that she is against issuance of this license. Mr. Charles Buchler, 3520 So. Lincoln stated that he was coming before Council tonight as an attorney presenting Mr. Finer and as a property owner in the area. He stated that he is against the issuance of this license. He stated that Mr. Finer owns property to the north, the south, and the east of the proposed license location, and that Mr. Finer used to occupy the buildings being considered for licensing. A.; Albert J. Finer, 3524 So. Broadway; in response to Mr. Buchler's questions, Mr. Finer answered that he had been in the area for approximately 26 years and sees no need for a 3.2 beer license outlet in that location. He said that he had passed a petition in the area and had sent it to the Mayor and Council. He said most of the signers of the petition were north of the proposed location. He further stated that adequate parking for this type of facility was not available without his permission to use parking facilities on his property. He stated that he was against issuance of this license. Mr. Harry Mumm, 3065 So. Fox, stated that if the licensee is going to be taking the whole building, it would be able to hold approximately 500 people. He stated that the proposed location is too close to the junior high school and said that the issuance of this license could cause many problems for the City. He stated that while he is not specifically opposed to the issuance of the license, he is opposed to the idea of having pinball machines and dancing at the facility. He reiterated his concern for it being too close to Flood Junior High School. Mrs.Jean Hoogendyk, 3845 So. Lincoln, asked Mr. Michael Franklin Freilinger questions; in his response, Mr. Freilinger stated that I.D.'s would be checked at the booth at the door- way before anyone would enter, that the operat-ion would not be while schools are in session, that parking would be available up and down Broadway and in the Key Savings & Loan lot. Mrs. Hoogendyk stated that she is against issuance of this license. Mr. Robert Brundage, 4140 So. Huron, stated that he was 14 - speaking for many of the businessmen in the downtown area, that they'have a great concern for the activities of the patrons outside the premise of the proposed location. He asked Michael Franklin Freilinger how many patrons the location could hold. Mr. Freilinger answered that approximately 300 people could be handled at one time. ,Mr. Brundage stated that there was inadequate parking in the downtown area to handle this type of a crowd, and stated that the City would be over -run with cars and that it would be detrimental to the other businesses in the downtown area. He stated he would be opposed to the issuance of this license. Mr. Donald Smith, 3165 So. Sherman, commended the applicants for the great deal of thought given in the planning of this operation. He stated that instead of serving 3.2 beer, they might consider serving any soft drinks. He, too, expressed a concern about parking. He said that the City Council of Englewood must take a stand on liquor establishments in the City of Englewood. He, too, expressed concern about closeness to Flood Jr. Hi School. He asked'a question of Michael B. Freilinger; in answer to his question, Mr. Freilinger stated that the Deadwood Diggins would be serving soft drinks, and one of these would be sarsparilla, and that the establishment could not survive without 3.2 beer, in his opinion. He stated that he doesn't feel that parking is all that important. He said that Englewood was picked as a proposed location because there was not an outlet of this type in the general area. Mr. Smith stated he is opposed to the issuance of this license. He also asked the Council to answer a question as to why the City of Englewood has more liquor outlets per capita than other cities. Mr. Pat Murphy, 2298 E. Floyd Place, said that he is opposed to the issuance of a license at this location because of the lack of parking facilities. Mr. Charles Allum, 3267 So. Lincoln, asked that petitions be passed in specifically a six block area surrounding the pro- posed location. He stated that he is opposed to the issuance of this license based upon the location. Mayor Pro Tem Mann asked Mr. Graham if he had any other comments. Mr. Graham stated that an operation that would be like a Farrell's, as previously stated, would be great, but it's not for 19 year olds. What Englewood needs is a place for young people to go and congregate. He stated that Deadwood Diggins would be a.place that would be supervised, where there would not be the throwing of beer cans and bottles. If this took place, he said the license would be withdrawn very quickly. He said the - 15 - fact that it is being proposed for main street would leave it open to constant public and police surveillance. He said this would not be a hang out for young alkies; he said it would be for young adults that would be supervised. He stated that the Freilingers are interested in providing the best operation of this type in the Denver metro area. He stated that in con- sidering the parking problem, Council should look at the hours of operation; the hours that are proposed would offer competition for parking only from other bars in the area. He said that there is a need for this type of outlet in the City of Englewood. He stated that the petitioning area which was designated as the City limits of Englewood, was the proper area becausetthig was a concern to all people in the community. In response to Councilman Clayton's questions, Michael Franklin Freilinger answered that he is 20 years old and he has no actual experience in managing an outlet like this; nor does he have any experience in working in an establishment like this. He further stated that the only knowledge about running a place like this came from a friend. In answer to Councilman Clayton's question, Michael B. Freilinger stated that the marketing area for this establishment would concentrate on the Englewood area. He said he is sure it would draw from areas outside of Englewood as well. The cost of a 9 to 10 ounce glass of beer would be 50 cents; the cost of a pitcher of beer would be approximately $2.00. He said that the average person coming to the establishment like this spends approximately $3.00. Councilman Clayton noted that some of the petitions had names from outside the City of Englewood; Mr. Graham said that the petitions may have been signed by people who reside outside the City of Englewood. He further pointed out that on the petitions, one of the qualifications was that the signer must be the owner or manager of a business or a regular customer in the area adjacent to the proposed address, or that the individual should be a resident of the City of Englewood. He further stated that all petitions were passed in the City limits of Englewood. Councilman Mann asked that all names of petitions be plotted on a map. Mr. Graham said that all names in opposition should also be plotted on the map. In response to Councilman Clayton's questions, Mrs. Diane Freilinger stated that the greater majority of people in these areas weren't at home; there were others who were home, but stated that they were not opposed that they would not sign the petition stating they were for this outlet. Of those that were contacted, she stated that there were very few who were actually opposed to the outlet. - 16 - In response to Councilman Blessing's questions, Michael Franklin Freilinger stated that order will be maintained by the use of forewarners, who will be dressed as marshalls and deputies. He stated that there will be live entertainment on the weekends. Councilman Jones reminded the applicant that the appli- cation, if approved, will mean compliance with all ordinances. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE APPLICATION FOR A 3.2 FERMENTED MALT BEVERAGE LICENSE BY THE MBF CORPORATION d/b/a DEADWOOD DIGGINS, 3550 SOUTH BROADWAY. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Councilman Taylor The Mayor Pro Tem declared the motion carried. Councilman Mann stated the City Council would make a decision on this within the thirty days as required by Colorado Code. Mr. Graham stated that because the second Council meeting in October would exceed the 30 day period as required by Colorado Code, that the applicant would waive this provision of law if the Council so desired. City Attorney Berardini said he was not sure that the City Council had this option open to them. Mayor Pro Tem Mann called for a recess at 11:25 P.M. The meeting re -convened at 11:35 P.M. Upon a call of the roll, the vote resulted as follows: Present: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. Absent: Mayor Taylor. The following communications were accepted, no action recommended: - 17 - (1) Minutes of the Council Audit Selection meetings of August 20 and August 25, 1975. (2) Minutes of the Election Commission Board meeting of September 5, 1975. (3) Minutes of Police Pension Board meetings of August 14, and August 20, 1975. (4) Minutes of the Planning and Zoning Commission meetings of August 12, August 19, and August 26, 1975. (5) Financial report for the month of August, 1975. (6) Memorandum from the Assistant Director of Community Development concerning facility requirements at amusement facilities. COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO ACCEPT THE MINUTES OF THE WATER. AND SEWER BOARD SPECIAL MEETING OF SEPTEMBER 3, 1975. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. Absent: Mayor Taylor. The Mayor Pro Tem declared the motion carried. City Manager McCown presented a memorandum from the Planning and Zoning Commission relating to I-3 Industrial Zone District. He stated that this zoning district was specifically created when the City had planned annexation of the Santa Fe -Union area. Because the City is not pursuing this, the Planning and Zoning Commission is recommending that the 1-3 Industrial Zone District be deleted from the Comprehensive Zoning Ordinance. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION DIRECTING THE CITY ATTORNEY TO DRAW UP AN ORDINANCE ELIMINATING THE I-3 INDUSTRIAL ZONE DISTRICT FROM THE COMPREHENSIVE ZONING ORDINANCE. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the motion carried. City Manager McCown presented a letter from Arapahoe Mental Health Center requesting funding in the amount of $3,000 for 1976. COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROPRIATE $3,000 FOR 1976, TO THE ARAPAHOE MENTAL HEALTH CENTER. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Clayton, Sovern, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the motion carried. INTRODUCED AS A BILL BY COUNCILMAN SOVERN, A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 26, SERIES OF 1963, AS AMENDED, BY ADDING A DEFINITION OF PARTY WALL THERETO. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE, ORDINANCE NO. 26, SERIES OF 1973, AS AMENDED, BY ADDING A DEFINITION OF PARTY WALL THERETO, AND SETTING A PUBLIC HEARING FOR OCTGBER 20, 1975. Upon a call of the rolll, the vote resulted as follows: - 19 - AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Tayloor Mayor Pro Tem declared the motion carried. City Attorney Berardini introduced a bill for an ordinance which would change the Englewood Municipal Code relating to licenses and permits, general provisions and amusements. He said that while Council had made the request to change the times of operation for amusement centers, he also made other changes in the ordinance which he felt were appropriate, he outlined these changes. The primary change which was made was to change the closing hour for miscellaneous amusement houses from 2:00 A.M. to 11:00 P.M. INTRODUCED AS A BILL BY COUNCILMAN CLAYTON, A BILL FOR AN ORDINANCE AMENDING SECTIONS 9 and 11, CHAPTER 1, AND SECTION 42, CHAPTER 2, ALL OF TITLE IX OF THE 1969 E.M.C., ENTLTED, "LICENSES AND PERMITS -GENERAL PROVISIONS -AMUSEMENTS," RELATING TO THE DUTIES OF THE LICENSEES AND ENFORCEMENT AUTHORITY OF THE CITY LICENSING OFFICER AND RELATING TO CLOSING HOURS OF MISCELLANEOUS AMUSEMENT HOUSES. COUNCILMAN CLAYTON MOVEd AND COUNCILMAN JONES SECONDED A MOTION TO PASS A BILL FOR AN ORDINANCE AMENDING SECTIONS 9 AND 11, CHAPTER 1, AND SECTION 42, CHAPTER 2, ALL OF TITLE IX OF THE 1969 E.M.C., ENTITLED "LICENSES AND PERMITS - GENERAL PROVISIONS - AMUSEMENTS," RELATING TO THE DUTIES OF THE LICENSEES AND ENFORCEMENT AUTHORITY OF THE CITY LICENSING OFFICER AND RELATING TO CLOSING HOURS OF MISCELLANEOUS AMUSEMENT HOUSES. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Blessing, Brown. NAYS: Mann. ABSENT: Mayor Taylor Mayor Pro Tem Mann declared the motion carried. - 20 - City Attorney Berardini introduced a bill for an ordinance relating to dogs. Mr. Berardini explained that this bill for an ordinance would totally repeal the old ordinance and would reenact a new ordinance, pertaining to the control of dogs. Council discussed several areas where they felt changes or clarification needed to be made. These included Paragraph 11-11-3, relating to the disposal of dog excrement. Assistant City Manager Nollenberger stated that the intent was to dis- courage disposal of such excrement in park trash cans. Paragraph 11-11-12, relating to licensing of dogs, this sentence needs to be eliminated. Councilman Brown stated that the City has found that licensing is a bigger problem than it is worth, and it discourages people from getting a proper rabies vaccination for their pets. Paragraph 11-11-20, that portion relating to the torture, torment, beat, kick, injure, mutilate, disable or kill any dog used by the Police Department should be considered to include all dogs or all animals. Paragraph 11-11-2(c), City Attorney Berardini stated that the penalties recommended were those made by the dog committee. Paragraph 11-11-6 and 11-11-7 - Assistant City Manager Nollenberger stated that the hobbybreeder's license is many times confusing to the citizenry. Councilman Clayton stated that this is necessary as a way of controlling dogs in residential areas. Councilman Brown stated that it would be unfair to penalize honest dog breeders. Council felt that this portion should contain something that would require zoning compliance, and should be consistent with zoning ordinances. INTRODUCED AS A BILL BY COUNCILMAN JONES, A BILL FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 14, ARTICLE 1, CHAPTER 11, TITLE XI, OF THE 1969 E.M.C., RELATING TO DOGS. COUNCILMAN JONES MOVED AND COUNCILMAN CLAYTON SECONDED A.MOTION TO PASS A BILL FOR AN ORDINANCE REPEALING AND REENACTING SECTIONS 1 THROUGH 14, ARTICLE 1, CHAPTER 11, TITLE XI, OF THE 1969 E.M.C., RELATING TO DOGS. Councilman Mann stated that because there are so many changes, it would be best to refer this item back to the Committee for additional study and clarification. Council discussed the merits of passing this bill for an ordinance now or tabling it. - 21 - COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO TABLE CONSIDERATION OF A BILL FOR AN ORDINANCE RELATING TO DOGS TO THE MEETING OF OCTOBER 6, 1975, AND REFER IT BACK TO THE DOG COMMITTEE FOR ADDITIONAL STUDY.WITH THE COMMITTEE'S RECOMMENDATIONS TO BE CONSIDERED AT A COUNCIL STUDY SESSION. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor The Mayor Pro Tem declared the motion carried. City Manager McCown stated that the City Council needs to set a public hearing for consideration of the proposed 1976 budget. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO SET A PUBLIC HEARING FOR CONSIDERATION OF THE PROPOSED 1976 BUDGET FOR OCTOBER.,6, 1975. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the motion carried. City Manager McCown introduced a proposed agreement between the City of Littleton and City of Englewood relating to annexa- tion of the McLellan Reservoir to the City of Littleton. He said that he has had several meetings with the City of Littleton relating to this and that in his opinion the City of Englewood should ask for annexation of this land in order to insure that they are able to maintain certain controls over this property. If Littleton annexes it on their own, the City of Englewood may not have this option. Councilman Sovern stated that because his firm isth-L consult- ing Engineer to the land adjacent to this, he feels it would be a conflict of interest for him to participate in the vote on this item. - 22 - Assistant City Manager Nollenberger presented a map of the area and explained the annexation. In answer to Mayor Pro Tem Mann's questions, Assistant City Manager Nollenberger stated that the advantages to Littleton would be that they would gain control of this area, and it would permit them to straighten their City boundary lines, and would permit them to more easily annex the Gates area. In exchange, the City of Englewood would be getting free fire and police protection for this area. He stated that policing had been a major problem at the reservoir. Councilman Clayton stated that the City of Englewood should have a moral obligation to provide payment for the police protection that Englewood receives. City Manager McCown stated that it would be a trade off and that there are several areas where the Cities of Englewood and Littleton have cooperated; namely, the sewer plant and the joint fire facility. He reiterated that this voluntary petition for annexation would permit Englewood to secure the rights that we want for that area. Assistant City Manager Nollenberger stated that the recommended zoning for this would be A-1 and the recommended use would be maintained as it " presently is and would not change any agreements which we hav with the State. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE ACCEPT- ING AN ANNEXATION AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE CITY OF LITTLETON FOR McLELLAN RESERVOIR. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Clayton, Mann, Blessing, Brown. NAYS: None. ABSTAIN: Councilman Sovern. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the motion carried. City Manager McCown presented a memorandum from the Parks and Recreation Commission. The recommendation requested that ...,:... the City Council combine the Community Center which now appears in the 1977 Budget and the Senior Citizens Center, and place them both in the 1976 budget, and that this be part of the Englewood Centennial -Bicentennial project. COUNCILMAN BLESSING MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO RECEIVE THE RECOMMENDATION FROM THE -PARKS AND RECREATION COMMISSION DATED SEPTEMBER 11, 1975. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. -23- ABSENT: Mayor Taylor Mayor Pro Tem declared the motion carried. City Manager McCown presented a memorandum from the Director of Utilities relating to a problem the City of Denver was having with sewage, and the area around East Flora at South University. The City of Denver wants to enter into a contract with the City of Englewood to use Englewood's sewage system to alleviate this problem. The Water and Sewer Board agrees with this proposal. Councilman Sovern stated that the City of Denver has been putting sewage into the Englewood storm sewer system. COUNCILMAN BLESSING MOVED AND COUNCILMAN CLAYTON SECONDED A MOTION TO DIRECT THE CITY ATTORNEY TO DRAW UP AN ORDINANCE RELATING TO AN AGREEMENT TO BE ENTERED INTO WITH THE CITY OF DENVER FOR USE OF THE ENGLEWOOD SEWER SYSTEM. In answer to Mayor Pro Tem Mann's question relating to income, City Manager McCown stated that it would be approxi- mately $26/day, or $9,360/year. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Council Member Taylor. The Mayor Pro Tem declared the motion carried. City Manager McCown stated that on Thursday and Friday he would be interviewing the finalists for selection of a Police Chief. Mayor Pro Tem Mann stated he would like to recommend that the Planning and Zoning Commission consider the situation relating to the island at Elati and Floyd. He said that it is important that the City Council consider the entire citizenry instead of a small portion of the citizenry. -24- RESOLUTION NO. 44, SERIES OF 1975 A RESOLUTION APPROVING AND ADOPTING CONSTRUCTION OF A COMMUNITY CENTER FOR THE CITY OF ENGLEWOOD, COLORADO, AS ITS OFFICIAL CENTENNIAL -BICENTENNIAL PROJECT, APPROVING THE TEMPORARY EMPLOYMENT OF ELWIN D. BATCHLOR, A PROFESSIONAL MONEY -RAISER, TO SUPERVISE THE MONEY CAMPAIGN TO RAISE FUNDS FOR SAID PROJECT, AND DIRECTING THE SALARY FROM SAME TO COME FROM VOLUNTARY CONTRIBUTIONS AND FUNDS FROM THE CITY. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO PASS RESOLUTION NO. 44, SERIES OF 1975. COUNCILMAN SOVERN MOVED AND COUNCILMAN JONES SECONDED A MOTION TO AMEND SECTION 2, RESOLUTION NO. 44, SERIES OF 1975, TO INCLUDE THE PHRASE, "THE CITY'S APPROPRIATION SHALL BE DUE IN THE YEAR IN WHICH THE LAND IS ACQUIRED." Councilman Mann stated that the City Council has an obli- gation to follow the wishes of its citizenry and that Council might be reminded that the funding for this project is partially voluntary. Councilman Clayton stated that he is not for this resolu- tion. He said that the citizens of Englewood need more infor- mation relating to this project, and that the citizens should not have a misunderstanding of the financing for this project. Councilman Brown asked that Section 5, of the Resolution be changed to read "IN THE EVENT THAT, FOR ANY REASON, THE ABOVE PROJECT IS ABANDONED," he asked that this be included in the amendment. Councilmen Sovern and Jones agreed, as the maker of and second to the motion. Upon a call of the roll, the vote on the amendment is as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the motion carried. Upon a call of the roll, the vote on Resolution No. 44, as amended, is as follows: AYES: Council Members Jones, Sovern, Mann, Blessing, Brown. NAYS: Councilman Clayton. ABSENT:__ Mayor_Taylor. The Mayor pro tem declared the motion carried. L 25 - - Councilman Brown asked that the City Council reconsider the placing of a signal light at the intersection of Downing and Floyd.- He said that there was another accident at that intersection this past week. He said that with the filling up of the Larwin site and offices in the area, and the school children going to Charles Hay and Flood Jr. High, that a light is warranted at this location. Councilman Mann concurred with Councilman Brown's recommendation. COUNCILMAN BROWN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO PUT A FULL SIGNAL AT THE INTERSECTION OF DOWNING AND FLOYD. A discussion by Council ensued, relating to the merits of this motion. COUNCILMAN JONES MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO TABLE CONSIDERATION OF THE MOTION TO PUT A FULL SIGNAL AT D014NING AND FLOYD UNTIL THE COUNCIL MEETING OF OCTOBER 6, 1975. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jones, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the motion carried. COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ADJOURN. Upon a call of the roll, the vote resulted as follows: AYES: Council Members Jone, Sovern, Clayton, Mann, Blessing, Brown. NAYS: None. ABSENT: Mayor Taylor. The Mayor Pro Tem declared the meeting adjourned at 1:15 A.M. ep ty City Clerk A D D E N D U M CITY COUNCIL MINUTES OF SEPTEMBER 15, 1971 Wage 2 Vern Shoup should be Schupp. Page 5 The motion relating to Sherman Street should read`' COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO RECONSIDER REVERTING THE SOUTH SHERMAN STREET TO TWO-WAY TRAFFIC AT THE OCTOBER 6th, 1975, COUNCIL MEETING, AFTER COMMENTS HAVE BEEN RECEIVED FROM THE VARIOUS DEPARTMENTS AND THE PLANNING AND ZONING COMMISSION, IF THEY CHOOSE TO COMMENT. Page 18 Relating to the motion for funding of the Arapahoe Mental Health Center, the motion should read: COUNCILMAN CLAYTON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO ACCEPT A REQUEST FOR FUNDS FROM THE ARAPAHOE MENTAL HEALTH CENTER AND REFER IT TO THE BUDGET STUDY COMMITTEE FOR CONSIDERATION IN THE 1976 BUDGET. Page 23 The item relating to the island at Elati and Floyd should read: Mayor Pro Tem Mann stated he would like to recommend that the Planning and Zoning Commission reconsider the situation relating to the island at Elati and Floyd. October 9, 1975 De ut City Clerk