Loading...
HomeMy WebLinkAbout1974-06-03 (Regular) Meeting Minutes170 COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JUNE 3, 1974 REGUL AR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on June 3, 1974, at 8:00 P .M. Mayor Henning , pr esidin g , called the meet~ng to order. The invocation was given by Rev. Stanley Fixter. The Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Membe rs Sovern, Mann, Blessing, Brown, Anderson, Henning . Absent: None The Mayor declared a quorum present. Also present were: City Manager Dial City Attorney Berardini Assistant City Manager Mccown Administrative Assistant Mendelson Director of Finance Nollenberger Director of Community Development Supinger Director of Public Works Waggoner Chief of Police Clasby * * * * * COUNCILMAN BLESSING MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY 20, 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning . Nays: None Absent: None The Mayor declared the motion carried. * * * * * I I I I 2 Mayor Henn ing recognized the following persons from the list of Special Citizen Program Invitees. Mr. and Mrs. Paul Barcelona, 2159 West Vassar, Precinct No. 1. Mr. Kenneth Wetterstrom, 3850 So. Sherman, Precinct No. 9. * * * * * Mr. Tom Young of the firm of Sellards and Grigg was present to discuss the problem of methane gas leakage in a portion of the South Storm Drainage Basin project. Mr. Young gave a review of the storm drainage problem as was initially discussed at the last Council meeting. He stated that the firm had been able to measure the gas pressure in the land fill area after getting on the Choido property. He stated that the gas p ressure was not as great as was originally thought to be, and that the lateral pressure of methane gas spreading out on to adjoining property was not too great. The expert in this area, Mr. Noble of Noble Engineering, felt that sealing of the pipe joints would suffice, but that it would also be possible to go back later on and put a ventilation system in, if necess ary. A ventilation system at a later date could be done for $7 ,500 to $10,000. The cost of the proposal at the highest was $11,982.00. The company, Northern Contracting, feels that the methane situation was something which had not been antici- pated in the original contract and that an amendment was justified. The amended cost of the contract would be $11,330. The total cost to the City for the contract amendment and the sealing of the pipes would be $23,312. Councilman Anderson stated that this sounded much better than the $90,00 0 cost which the Council had been looking at two weeks previously. Councilman Blessing stated that he appreciated the time and effort that had been put into this particular project. COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO AUTH ORIZE TH E ADDITIONAL EXPENDITURE, $23,312, TO SOLVE THE METHANE GAS LEAKA GE PROBLEM IN THE SOUTH STORM DRAINAGE BASIN PROJECT. Upon the call of the roll, the vote resulted as follows: Ayes: Cou ncil Members Sovern, Mann, Blessing, Brown, Anderson, Henning. -3 - Nays : No ne Absent : None The Mayor declared the motion carried. * * * * * Mr . Tom Bu rns, Chairman of the Housing and Urban Renewal Authorities , was p resent to discuss application for federal monies for an elderly hous i n g s ubsidy program. Mr . Burns s t ated t hat ten days previously the Housing and Urban De ve lopment Department of the United States Government had contacted the autho ri t ies concerning elderly housing. 18% of the elderly in Englewood we re currently now living below the poverty level . Most of the Fe d eral programs had been cut back since Februa r y of 1973 . HUD had requested an application from the authority for a rent subsidy program of 100 units. In this case, the developer builds the building and the Housing Authority would rent the units from t he developer. The rental income charge by the Housing Authority to th e elderly persons is a maximum of 25% of their income . Federa l law r equires the ap p roval of a local governing body, and as a result, Mr. Burns requested that the Council approve the enclosed Resolution . Mr. Burns stated that these 100 units were out of the 435 available in a 6-state region. Councilman S o vern inquired as to what type of units would be involved . Mr . Burns sta t ed that they would be one-bedroom units and that the Housing Au t hority would like to see some common area in the p r oject . Mrs . Lois Kocian, Secretary to the Housing Authority, stated that the Autho ri ty wo uld have t o comply with the Federal requirements and local ho usi ng code of 450 square feet in each apartment . She felt t ha t the Departments could include some additi o nal amenities sinc e t he rentals were pegged at $175 to the developer , which is h igh for the Englewood area. RESOL UTION NO. !.!._, SERIES OF 1974 A RESOLUTION APPROVI NG APPLICATION OF THE PROVISIONS OF SECTION 2J OF THE UNITED STATES HOUSING ACT OF 1937, AS AMENDED, TO LOCALITY. (Copied in full in t he Official Resolution Book.) COUNCILMA N BROWN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO APP ROVE RES OLUTION NO. 18, SERIES OF 1974. Upon the call of the r oll, the vot e resu lt ed as follows: Ayes : Co u nc il Members Sovern, Mann, Blessing, Brown, Ande r son , Henning . I I I. I -4 - Nays : None Absent : None The Mayo r decla r ed the motion carried * * * * * Councilm a n Sovern s t ated that the City needed to look at r egulations to upgrade the apartment-type housing in the City. COUNCILM AN SO VE RN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO REQUEST THE P LANNING AND ZONING COMMISSION TO BEGIN A STUD Y OF THE STATU S OF HOUSING SQUARE FOOTAGE ON MULTI-FAMILY DWELLINGS IN THE CI TY OF ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes : Counc il Members Sovern, Mann, Blessing, Brown, Anders o n , Henning . Nays : No ne Absent : No n e The Mayor declared the motion carried. * * * * * Council re c eived a resolution relative to a three-way liquor l i cense applicat ion for Arap's Restaurant, J866 South Broadway . City Atto rney Berardini stated that the hearing was held on May 20th and pro per legalities were carried through at that time. The resolution was i n s t ructed to be prepared by the City Attorney's offi c e . He stated tha t h e had received that day a request for withdrawal of the a pplication from Mr. Harry Carleno, Attorney for the affiant . Mr. Dick Simon, Attorney, appeared before Council. He stated that he felt the withdrawal had come too late in the game and that it should be rejected at this time. He stated that Mr. Ar apk i l e s , affiant , had represented that he was ready to go in the development and co n t rary to his withdrawal request, the hearing was full and compl e t e and that it was an obvious attempt to withdraw t he application si n ce , if it was rejected, he could not reapply for two yea r s . Mayor Hen ning inquired as to a recommendation from the City Atto r ney . City Att orney Berardini stated that he felt it should b e laid ove r un t il the next meeting in order for the a ttorneys to have ti me to check it out for legalities. 173 174 -5 - Councilman Ble ss ing st ated that he felt the Council needed p r ope r l eg al advic e before it could be ruled upon. Mr. Simon stated that if the affiant wanted it withdrawn, then he should ha ve been in attendance this evening. Mayo r He nning s t ated that the resolution and request for withdrawal would be l aid over until the next meeting. * * * * * COUNCILM AN ANDERSON MOVED AND COUNCILMAN SOVERN SECONDED A MOT I ON TO OPEN A PUBLIC HEARING TO CONSIDER A PROPOSED SIGN CODE. Upon the call of t he roll, the vote resulted as follows: Ayes : Cou nci l Members Sovern, Mann, Blessing, Brown, Anderson , Henning . Nays : Non e Ab sent : No ne The Mayo r declared the mot ion carried and the public hearing open. (A tape recording of the public hearing is maintained on file in the of f ice o f the City Clerk.) Director o f Community Development Supinger presented to the City Cle r k a Pu blisher's Affidavit of the public hearing and a r ecomm e ndation of th e Planning and Zoning Commission in favor of the sign co de. Mr . Sup inger went through the procedure which had been followed by the sign co de committee in their deliberations on the p r oposed sign code . One criteria that the committee utilized was a n attempt to get uniformity between the cities surrounding Englewood in o r der to make it e asier for businessmen in more than one city to comply with the regu lations. Mr. Supinger gave an outline of the new sign code and st a t ed that there was not provision in it for the amortizat i on of exist i n g non-conforming signs. Councilm a n Blessing inquired as to how long the new sign code had been unde r study. Director of Community Development Sup i nge r st a ted that i t went back more than two years and that the current sign code was n ot a workable one. The Board of Adjustment and Appeals h ad se en many variance requests as a result of the cu rr ent si g n co d e . Councilman Brown stated that he was extremely disappointed in the num b e r of p ersons who had attended the Planning and Zoning Comm i ssion 's public heari n g. He inquired as to how the current p r o p osed s i gn cod e tied into the Littleton sign code now in existence. Di re cto r o f Commu nity Development Supinger stated that Littleton had had t heir s in fo r c e for a while and that ours related closely except that we h a d learn ed from a couple of their mistakes. I I I I -6 - Councilman Brown inquired as to the status or the current Denver sign code litigation. City Attorney Berardini stated that the amortization clause in the Denver sign code will apparently stand after a ruling by the Circuit Court of Appeals. Mayor Henning stated that the Council would hear anyone in the audience who was in favor of the sign code initially, and then those who opposed it. Mrs. Virginia Koechle, President of the League of Women Voters, appeared before Council. She read into the record a state- ment in support of the code, and asked for enforcement of it as well as amortization or the non-conforming signs. Mr. Aubrey Brelsford, Chairman of the sign code committee, appeared before Council. He stated that the sign code committee had met every week for over a year and had investigated all aspects of the code in thei r deliberations. He felt that the definitions in the sign code were in great detail in order to alleviate any major problems. He recommended the adoption of the code. Mr. Nate Burt of Burt Chevrolet appeared before Council. He stated that the sign code committee had done its work quite well and that the existing businesses had been protected under the pro- posed sign code . He felt that it was an overall good job and deserved passage by Council. Mr. Kenneth Wetterstrom, a member of the Board of Adjustment and Appeals, appeared before Council. He stated that he had had his problems with the sign code, but that he recommended passage of this pr o posed code. Mr. Jim Chandler, J256 So. Steele Street, appeared before Council. He stated that he recommended against an amortization schedule similar to the Denver one, but that he approved of the sign code i tself, as proposed. Mayor Henning stated that anyone against the sign code as proposed , could now appear before Council. Mr. Grady Franklin Maples, 22 Viking Drive, appeared before Council. He state d that he was opposed to anything that restricts private enterprise. He felt that a restriction on signs was restri cting a right to do business in the City. Even though the sign code was not as bad as other cities had adopted, he still felt that any sign code at all was not beneficial. He stated that the City had done well without the sign code in the past and can do well without it in the future. Mr. Sam Hill, owner of Sam's Barber Shop, 3456 So. Broadway, appeared before Council. He stated that he had a barber pole which revolved in motion when he was open. This would be outlawed under -7 - the new sign code, and he felt this was unfair. He also felt that the bright lights of Broadway brought the country boys into the city. He felt that there was a need for supervision of signs in the City, but the proposed sign code was too stringent in this area. Director of Community Development Supinger stated that all existing signs could continue unless they were destroyed by greater than 50%, at which time they could not be replaced. Mr. Maples inquired whether a new barber shop could put in a revolving pole . Director of Community Development Supinger stated that they co uld not under the sign code. Mr. Aubrey Brelsford volunteered that a barber pole looks like a barber pole even when it is not rotating. He felt that the lights on in the shop would tell the customer if the barber shop was open or not. Director of Community Development Supinger stated that the current sign code does not take into account modern business practices. There were currently some businesses in the City in which the sign describing them covered the whole side of a building. He felt that the Departm ent of Community Development had not provided any form of prejudici al arguments to the committee in their discussion, but rather that they had attempted to remain only as technical advisors . COUNCILMAN SOVERN MOVED AND COUNCILMAN BLESSING SECONDED A MOTION TO CLOSE THE PUBLIC HEARING TO CONSIDER THE PROPOSED SIGN CODE . Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried and the public hearing closed. I Councilman Sovern inquired whether the Council could make selective exceptions to th e code such as the barber poles. City Attorney Berardini stated that this would be getting into the problem of special legislation which is outlawed. Councilman Anderson stated that he was extremely sorry that the businesses had taken this as a negative reaction to businesses in the City of Englewood, but that he felt that it would serve to protect them as well as others. He felt that the businesses needed an ability to advertise without obliteration by their neighbors. I 'I I -8 - Councilman Sov ern state d tha t the Council was facing a hard decision because o f th e pri n ciples which Mr. Maples had outlined, such as the right of private enterprise. He stated that every individual's rights als o are involved in the decision. Lighted signs would also have con f l i ct s with emergency vehicles in their responding to emergency situations . Councilman Ma n n stated that he felt the sign code was a bit too ambituous . He co uld not see why the City could not use the old sign code and revis e it t o some degree. Councilman Bl es s ing stated that in his mind the new sign code was only bringing t he o ld one up to date. Councilma n Brown stated that the City needed a new sign code , but he questio ned whether we were passing something which we could not live with . Councilma n Anderson stated that he had noted many rotating signs that caused c onflic t s with traffic lights and consequent problems . Councilman Mann st ated that the City was dictating to the small busine sses in o pposi t ion to the private enterprise system. Directo r of Community Development Supinger stated the City end s up mediat ing between businesses by passing a law similar to th e la nd use le gislation, traffic control and other areas that city gov er nments ha ve traditionally been involved. Councilman Brown stated that we needed to help protect our businesses and that he was not convinced that this would harm them. Mayor Henn ing stated that she shared the concerns by some that an amortization s chedule was not included in the sign code. She was hopeful that as Mr. Chandler had expressed that a business would voluntarily c omply with the spirit of the sign code. INTRODUCED AS A BILL BY COUNCILMAN ANDERSON. BY AUTHORITY ORDINAN CE NO. ~ , SERIES OF 1974 AN ORDINANCE REPEAL I NG TIT LE III, CHAPTER 11 OF THE 1969 E.M.C., ENTITLED "SIGNS AND BILL BOARDS" AND REPEALING AND REEANCTING SECTION 22 .7 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO (ORDINANCE NO. 2 6 , SERIES 1963, AS AMENDED) ADOP T ING BY REFERENCE THE "SI GN CO DE " OF THE CITY OF ENGLEWOOD, COLORADO , AND REPEALING ALL ORDINANC ES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH . (Copied in full i n the Official Ordinance Book.) -9 - COUNCILMAN ANDERSON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE ORDINANCE NO. 18, SERIES OF 1974. Upon the call or the roll, the vote resulted as follows: Ayes: Council Members Sovern, Blessing, Brown, Anderson, Henning . Nays: Council Member Mann. Absent: None The Mayor declared the motion carried. * * * * * Mayor Hennin g called a recess at 10:00 P.M. The meeting reconvened at 10:10 P.M. Mayor Henning asked for a roll call . Upon the call of the roll, the following were present: Council Members Sovern, Mann, Blessing, Brown, Anderson, Henning . Absent: None * * * * * Mayor Henning stated that there would be a meeting on Tuesday evening with the Sheridan City Council at 7:00 P.M. in the Library conference room. * * * * * Mayor Henn ing stated that the noise control tour would be arranged for the week following the Council meeting. * * * * * Councilman Blessing stated that Mayor Henning should go home at this time . He explained to the audience that she had been bitten by a dog the previous day and was not feeling well. Mayor Henning left the room at 10:20 P.M. * * * * * The following communications were received for the record: A contract between the City and SRI Community Response, Inc., dated May 17, 1974. Report from the Chief of Police concerning the operation of police vehicles . I I I I -10 - Re port from the Director of Public Works on the remodeling of the old Police/F i re Center. Minutes o f t he Board of Career Service Commissioners meeting of May 16 , 1 974. Minutes of t he Water and Sewer Board meeting of May 21, 1974 . Transmitt al of the final report on the proposed City Ce nte r Re d e v e lopment Plan. * * * * * Councilman S o vern stated that the City Center Redevelopment Plan Report should be made public and the information released. He emphasized that t he City Center Redevelopment Report was the Consultant 's recomm endation. * * * * * Councilman Anderson inquired whether the memorandum from the Di re cto r of Public Works on the remodeling of the old Police/ Fire Center ended th e di scu ssion on that matter. Councilman Mann stated that he felt the report looked like it was put out to keep the Council from doing anything fruther on the building . Directo r o f Public Works Waggoner stated that at the bare minimum th e bu i ldi ng would need an additional restroom and an outside stairway to b ring i t up to Code. He felt that a stair lift inside in o rd er to g et t he elderly persons upstairs would be necessary if recreatio n al acti v it ies were to go on. Councilman Ma nn st ated that the insinuation he made was made for a particul ar reas o n. He felt that the space needed to be made available for the pe op le of Englewood as soon as po ss ible. Cou nc ilman An d erson stated that he was not sure that all tha t grea t a renovat i on wa s necessary and requested a less compre- hensive approach be lo oked into. Co un c ilman S overn stated t hat he would like to see additional meeting r o oms developed at a minimal cost increase. * * * * * Council re cei ved a revised agreement with American Metal Climax and Denve r Wa t er Board allowing Ranch Creek construction deadl i ne to be e x t ended to July, 1976. City Man ager Dial stated that this merely extended the deadline f r om 1975 to 1 976. -11 - COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A REVISED AGREEMENT WITH AMERICAN METAL CLIMAX AND DENVER WA TER BOARD ALLOWING THE RANCH CREEK CONSTRUCTION DEADLINE TO BE EXTE NDED TO JULY, 1976. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson. Nays : None Absent: Mayor Henning. The Mayor Pro-tern declared the motion carried. * * * * * INTRODUCED AS A BILL BY COUNCILMAN SOVERN. BY AUTHORITY ORDI NANCE NO. 19 _ , SERIES OF 1974 AN ORDINANCE AMENDING SECTION 21-7 OF THE 'MODEL TRAFFIC CODE FOR COLORADO MUNICIPA LIT IES, 1966', AS ADOPTED WITH AMENDMENTS BY ORDIN ANCE NO. 24, SERIES OF 1969, (CHAPTER 1, TITLE XIV, '69 E.M.C.) BY AUTHORIZING THE USE OF AIR HORNS ON FIRE VEHICLES ONLY. (Copied in full in the Official Ordinance Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPR OVE ORDINANCE NO. 19, SERIES OF 1974. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson. Nays: None Abse nt : Mayor Henning. The Mayor Pro-t ern declared the motion carried. * * * * * I City Attorney Berardini began discussion of a Bill for an I Ordinance amending the Model Traffic Code to include the definition of bicycles within the Code. He stated that the Council had requested this o rdinance to be brought back at the previous meeting. Councilman Mann inquired whether a bicycle would be consi dered as a v ehicle under the Code, if this ordinance passed. City Atto r ney Berardini replied in the affirmative. 'I I -1 2 - Councilman Sov ern stated that further provisions of the Traffic Code restrict e d bi c ycles further and did not give them full rights and powers o f t ha t of a vehicle. A general discussion of the merits of the bill for an ordinance ensued . Councilma n Anderson stated that he would prefer to attempt to cl e ar up only the bicycle right of way question at an inter- section r ather than ch ang i ng the definition of bicycles in the whole Model Tr a f fic Cod e. He felt that while trying to solve this one problem the ordinanc e would create others. Councilman Bro wn stated that he felt the United States was the only country wh ich did not currently recognize the bicycle as a vehicle and that this would have to change. INTRODUCED AS A BILL BY CO UNCILMAN SOVERN. A BILL FOR AN ORDINANCE AMENDIN G T I TLE XIV, OF THE 1969 E.M.C. BY AMENDING CHAPTER 1, SECTION 1 , THEREOF AND ADDING A NEW SECTION TO CHAPTER 2 TO BE KNOWN AS SECTIO N 11 , TO CHANGE THE DEFINITION OF "VEHICLE" CONTAINED IN THE MO DEL TRAFFIC CODE SO THAT BICYCLES ARE INCLUDED IN THE DEFINITION . COUNCILMAN BR OWN MOVED AND COUNCILMAN SOVERN SECONDED A MOTI ON TO TABLE THE ORDINANCE. City Atto r n ey Berardini stated that the ordinance would requi r e only a majo rity of t he quorum present, rather than four or five votes . Councilman Brown withdrew his motion to table the bill for an ordinance . Cou ncilman Sovern withdrew his second. COUNCILMA N SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE AMENDING THE MODEL TRAFFIC CODE TO INCLUDE THE DEFINITION OF BICYCLES WITHIN THAT CODE. Upon the call of th e roll , t h e vote resulted as follows: Ayes: Coun cil Members Sovern, Blessing, Brown. Nays : Co uncil Members Mann, Anderson. Absent : Mayo r Henning. The Mayo r Pro -tem dec lared the motion carried. * * * * * 182 -13 - City Atto rney Berardini began discussion of two Bills for Ordinanc es adopting s t andards for a noise control program, and amending the Model Tr a ffi c Cod e to provide for the enf o r ce ment of the nois e control st andards relative to vehicular use. City Atto r ne y Berardini st a t ed that noise control ordinances usually a p ply t o the Model Traffic Codes in order to make eve r yone come u nder them in a uniform manner. Assistant Ci t y Manager Mccown stated that he requested the initial adopt i o n of these ordinances and the setting of a pu b lic h e a r ing on them before final reading. City Atto rney Berardini discussed a couple of small changes i n the o rdin a n c e s previous to first reading. INTRODUCED AS A BILL BY CO UNCILMAN ANDERSON. A BILL FOR AN ORDI NANC E AM END I NG TITLE VI, (HEALTH AND SANITATION) OF THE 1969 E .M.C., BY AD DING A NEW CHAPTER THERETO, TO BE NUMBERED CH APTER 8 , ENTITLE D 'NOISE CONTROL'. COUNCILM AN ANDERSON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPRO VE A BILL FOR AN ORDINANCE ADOPTING STANDARDS FOR A NOISE CONTROL PROGRAM AND SETTING JULY lat AS A DATE FOR PUBLIC HE ARING UPON THE ORDINANCE. Upon the call of the roll, the vote r esult ed as follows : Ay es : Co uncil Members Sovern, Mann, Blessing, Brown, Ande r son . Nays : No ne Absent : Mayor Henning. The Mayor Pro -tem de clared the motion carried. INTRODUCED AS A BI LL BY COUNCILMAN BROWN. A BILL FOR I AN ORDINA NCE AMEND ING AR T IC LE xx ENTITLED, "MISCELLANEOUS ROAD I RULES" OF 'THE MO DEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1 9 66 ' AS ADO PTED WITH AMENDMENTS BY ORDINANCE NO. 24, SERIES OF 1969 , (C HAP TER 1 , TITLE XIV, 1 69 E.M.C.) BY ADDING A NEW SUB-SECTION TO BE NUMBERED 20 -14, RELATING TO THE CONTROL OF NOISE EMINATING FROM MOTOR VEHICLES . I I -14 - COUNCILMA N BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APP ROVE A BILL FOR AN ORDINANCE AMENDING THE MODEL TRAFFIC CODE TO PR OVIDE FO R THE ENFORCEMENT OF THE NOISE CONTROL STANDARDS RELAT I VE TO VEHICUL AR USE, AND SETTING A PUBLIC HEARING DATE OF JULY lat ON THE BIL L FOR AN ORDINANCE. Upon the call of the roll, the vote r esulted a s follows: Ayes : Co uncil Members Sovern, Mann, Blessing, Brown, Ande r son . Nays : Non e Absent: Mayo r Henning. The Mayor Pro -tem decl ared the motion carried. * * * * * City Attorney Be rardini bega n discussion of a Bill for an Ordinance vacating a po r t ion of Fl o yd Avenue. He stated that there was an error on the original vacation o r dinance i n 1953 and that this would correct that error. INTRODUCED AS A BILL BY COUNCILMAN ANDERSON. A BILL FOR AN ORDINANCE VACAT I NG A PORTION OF FLOYD AVENUE, FORMERLY KNOWN AS GREENWOOD AVENUE , CI TY OF ENGLEWOOD, COUNTY OF ARAPAHOE, COLORADO. COUNCILMA N ANDERSON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE VACATING A PORTION OF FLOYD AVENUE . Upon t he ca ll of the roll, the vote resulted as follows : Ayes : Counci l Members Sovern, Mann, Blessing, Brown, Anderson . Nays : None Absent : May o r Henning. The Mayo r Pro -tem dec l a r e d t he motion carried. * * * * * City Atto rney Berardini transmitted to Council a me mo randum concern ing recent judgments in court which had been ruled in favor of th e Cit y . * * * * * -15 - Council received a resolution designating a five-county area fo r u rb an and industrial concentration and designating the Den v er Regional Co un ci l of Governments (DRCOG) as the agency to car r y out a plannin g p rocess for water pollution control facilities fo r sai d area . Councilman Sovern gave the background of the resolution and its r elationship t o DRCOG. City Ma nager Dial stated that many other entities in the me t r o are a h a d al ready passed this resolution. RES OLUTION NO. 19, SERIES OF 1974 A RESOLUTION INDIC AT ING INTENT TO JOIN WITH OTHER GENERAL PURPOSE UNITS OF LO CA L GOVE RNMENT IN THE DENVER AREA TO DEVELOP AND I MP LEMENT A P LAN RESULTING IN A COORDINATED WASTE TREATMENT MAN AGEMENT S YSTEM FOR THE AREA. (Cop i ed in ful l in the Official Resolution Book.) COUNCILMA N SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOT I ON TO APP ROVE RESOLUTION NO. 19, SERIES OF 1974. Upon the call o f the r o l l , the v ote resulted as follows: Ayes : Coun cil Members Sovern, Mann, Blessing, Brown, Anderson . Nays : No ne Ab sent : Mayor Henning. The Mayor Pro -tem declared the motion carried. * * * * * Council received a memorandum requesting ratification of the awarding of the c ontract for construction of tennis and handball courts . City Manag er Dial stated that a telephone poll had been taken a week and th ree days previously due to the short timing on the bid deadline . I COUNCILMAN MANN MOVED AND COUNCILMAN SOVERN SECONDED A I MOTION TO APP ROVE TH E RATIFICATION OF THE AWARDING OF THE CONTRACT FOR CONSTRUCTION OF TENNIS AND HANDBALL COURTS AND AGREEMENT WITH THE SCHOOL DISTRICT . Upon t he call of the roll, the vote resulted as follows : Ayes : Cou ncil Members Sovern, Mann, Blessing, Brown, Ande r son . Nays : Non e I I -16 - Absent: Mayor Henning. The Mayor Pro-tem declared the motion carried. * * * * * City Manager Dial stated that as had been discussed at a previous Council meeting, the City was proceeding on the requesting of vacating off setting easements due to the vacating of an 8-foot easement in the Sheridan Heights Subdivision. He stated that the City hoped to receive all the contributions from the final three landowners prior to the final reading of the Bill. INTRODUCED AS A BILL BY COUNCILMAN BROWN. A BILL FOR AN ORDINANCE VACATING A PUBLIC ALLEY RIGHT-OF-WAY IN BLOCK 78, SHERIDAN HEIGHTS SUBDIVISION, ENGLEWOOD, ARAPAHOE COUNTY, COLORADO AND RETAINING AN EIGHT (8) FOOT UTILITY AND DRAINAGE EASEMENT. COUNCILMAN BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE VACATING AN 8-FOOT EASEMENT IN SHERIDAN HEIGHTS SUBDIVISION. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Sovern, Mann, Blessing, Brown, Anderson. Nays: None Absent: Mayor Henning. The Mayor Pro-tem declared the motion carried. * * * * * Assis t ant City Manager Mccown requested that the public hearing on the noise ordinance be set back to July 15th due to his absence from the City on July lat. COUNCILMAN ANDERSON MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO CHANGE THE PUBLIC HEARING ON THE TWO NOISE ORDINANCES FROM JULY 1st TO JULY 15th. Upon the call of the roll, the vote resulted as f o llows: Aye s : Council Members Sovern, Mann, Blessing, Brown, Anderson. Nays: None Absent: Mayor Henning. The Mayor Pro-tem declared the motion carried. * * * * * .. 17 .. Ci ty Man ager Dial transmitted a memo to Council giving the impl i c a t i ons of some s t orm sewer work in a few alleys. He suggested that the Ci ty procee d with the design and specifications on the 2900 block of South Sherman Stree t to correct the alley situation. COUNCILM AN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED I A MOT I ON TO AP PROV E THE CONSTRUCTION OF STORM SEWER IMPROVEMENTS IN THE 2900 BLOCK OF SOUTH SHERMAN STREET. Upon the call of the roll , the vote resu lted as follows: Ayes : Co uncil Members Sovern, Mann, Blessing, Brown, Ande r son . Nays : None Absent : Ma y o r Henning. The Mayor Pr o -tem decl ared the motion carried. * * * * * City Mana ger Dial stated that KQXI Radio is currently in the p r ocess of remo ving their aerial tower from the future site of the Bi -City Treatment P l ant t o a new site on City land. The Public Service Company nee ded an easement of 5 feet in order to run elect r ical wiring to t he new site. He requested Council approval for that easement . COUNCILMA N SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO AUTHORIZ E THE MAYOR TO SIGN AN EASEMENT TO PUBLIC SERVICE COMPANY FOR ELECTRI CA L SERVICE REQUIREMENTS FOR KQXI RADIO. Upon the call of the roll, th e vo t e resulted as follows: Ayes : Coun cil Members Sovern, Mann, Blessing, Brown, Anderson . Nays : None Absen t : Mayo r Henning. The Mayor Pro -tem dec lared t he motion carried. * * * * * City Manage r Dia l stated that this was the last City Council meet i ng that he would be attending as the City Manager, and that he had enjoyed t he contacts over the years with all the Councils . * * * * * I I I -18 - Director o f Public Works Waggoner inquired as to further direction on the old P o lice and Fire Building. Mayor Pro-tem Blessing stated that t he Council would like to view some practical cost -type estimates for a low-grade modification of the facility. * * * * * COUNCILMAN S OVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO ADJOURN . Upon the call of t he roll, the vote resulted as follows : Ayes : Counc il Me mbers Sovern, Mann, Blessing, Brown, Anderson . Nays: None Absent : Mayor Henning. The Mayo r P r o -tem d eclared the motion ~arried and the meeting was adjou r ned at 12 midnight. ex officio Clerk of the Counc11