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HomeMy WebLinkAbout1972-03-06 (Regular) Meeting Minutes354 REWLAR~: Cll.JNCIL OfAMBERS CITI OF ~D, CDI.DRAOO MARCli 6 , 1972 The City Council of the City of Englewood, Arapahoe County, Colorado met in regular sessim en March 6, 1972, at 8: 00 P .M. Mayor Senti, presiding, called the meeting to order. The invocatim was given by Reverend Helen Walker of the Esoteric Truth Center, Science of Mind. Pledge of Allegiance was led by Pack No. 58. The Mayor asked for roll call. Upcn a call of the roll, the fallowing were present: Council Menbers Blessing, Brown, Dhority, Henning, Schwab, Senti. Absent: Council Menber Lay. The Mayor declared a quonm present. Also present -were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini * * * * * CllJNCIUD1AN HmNING M>VED, CXlJNCIU1AN ~ SEcnmED, '!HAT 'DIE MINl1l'ES OF 'DIE REWLAR ~OF IBBRUARY 22, 1972, BE APPR>VED AS READ. Upcn a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Chmcil Msrbers Blessing, Brown, Dhority, Heming, Schwab, Senti. Nate. Council Menber Lay. The Mayor declared the rmticn carried. * * * * * Mayor Senti recognized Mr. and Mrs. Richard H. Edsall, 3295 South Franklin Street, Precinct No. 6, fran the list of Special Citizen Program Invitees. Hr. Edsall addressed the Council and stated that he lived close to the KLZ site proposed for developnent by the Larwill Corporaticn. He had attended a previous Council meeting at Wich he estimated approximately 75 people were present to inquire about the Laiwi.n develop- ment. The group was represented by Mr. James Hilger, 3166 South Vine Street. Mr. Edsall ex- pressed displeasure with Council because he felt it failed to adequately respmd to the questions and concerns of the group at that meeting. City Manager Dial told Mr. Edsall that the Laiwi.n Corporaticn had agreed to donate 2-1/2 acres to the City for open space and/or park land. He also stated that we now have layouts of the site and that Mr. Supinger, Director of Ccmruni.ty Developnent, ~ld be happy to go over them with Hr. Edsall at his convenience. Councilman Schwab inquired of the City Manager whether there had been any discussim of a possible park district being formed in that area to provide for a large acquisition of park land. Hr. Dial indicated that in his discussicns with Mr. Jdm Poolenus, who is repre- senting the concerned citizens in the area, the possibility of a park district was mentioned. Apparently the people in the area are not interested in the idea. * * * * * Mayor Senti recognized Mr. and Mrs. John C. Mack, 4139 South Clarkson Street, Precinct No. 11, and Mr. Harold F. Ogden, 4160 South Cherokee Street, Precinct No. 10, from the list of Special Citizen Program Invitees. * * * * * Mr. Lowell Palnquist, Administrator, Swedish Medical Center, 501 East Hanpden Avenue, came before Council to request that the 3400 block of South Emersat Street be deleted from the 1972 paving program {Paving District No. 21). The request was being made in light of the extensive plarm:ing which the Medical Center is doing in the area. He noted that the hospital had already purchased considerable property between Hanpden and Girard and Clarksm and Corooa and that there was a good possibility the hospital would request vacation of the street at a later date. Mr. Pal.nquist stated that the hospital board would present a plan for the developnent of the mtire area to the City within me year; but that if no plan were presented, then the hospital ~'"'11.d be in no position to request that the street be deleted fran any future district. City Manager Dial indicated that it would be possible to delete the street fran the paving district even though it had been approved by ordinance at final reading. With the guidance of the bond attorney, an ordinance had been prepared to effectuate such a change if it were the desire of the Council to do so. I I I I I I I I -2- INTK:>llll:D A5 A BIIL BY CXXJNCIL SOIWAB AND RF.AD IN FUU.., A BIU FOR AN ORDINANa: ~IK; ORDINANO: 00. 7, SERIE.5 OF 1972, 'ID DEl.El'E 'DIE 3400 BU)(]{ OF saml ~ StREET F10t PAV:n«; DISI'RICT W. 21. ~ SCllWAB MMD, CXlJNCIUDi\N HEHm«; SECDIDED, 'DIAT 'DIE 3400 BU)(]{ OF SOl1lH ~ STREET BE DEl..El'ED F1D1 'DIE IWR>VEMNTS 'ID BE K\DE IN PAVIK; DISTRICT t«>. 21. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Blessing, Brown, Dhority, Henning, Schwab, Senti. Ncne. Council Merrber Lay. The Mayor declared the mtioo carried. * * * * * CDWCIU1AN BT FSSING MJVED, CXXJNCIU1AN BlUti SECDIDED, 'lHAT 'DIE PUBLIC HEARn«; 'ID ~IDER nm REXJJEST OF 'DIE sr. IOOIS c.AlH)L!C CJIJlQ{' 3300 saml 9IERMAN srEEET' FCll A SPECIAL EVm'l'S Licµ>R PERMIT FOR A sr. PATRICl<'S DANQ: ro BE HEID M\RCl{ 18, 1972, BE OPmED. Upon a call of the roll, the vote resulted as follows: Ayes: Council Menbers Blessing, Brown, Dhority, Henning, Schwab, Senti. Nays: Nate. Absent: c.ouncil Merrber Lay. The Mayor declared the public hearing opened at 8:27 P.M. RJIB: A tape recording of the public hearing is at file with the official records of the City Clerk of the March 6, 1972, City Council meeting. Listed below in order of first appearance and presentatioo are the individuals who testified at the hearing. Mr. Austin Ganes, 3170 South Humoldt, appeared to fornally request the Special Events Liquor Permit fran the Cotmcil. City Attorney Berardini presented to Cotmci.l a tIBlm'andun frail hilmelf to Council which stated in part: A Special Event Permit my be issued upoo a satisfactory showing by the applicant that: (a) its existing license facilities are inadequate for the purposes of serving nsrbers of guests of the organizatioo and that additicnal facilities are necessary by rea.sat of the nature of the special event being scheduled, (b) the organization is tenporarily occupying premises other than its regular premises during such special events as civic celebrations or COlmty fairs, and that nsrbers of this general public will be served during such special events, and (c) other existing facilities are not available or are anadequate for the needs of the organizatioo. Hr. Berardini also indicated that special permits DBy be issued only to an organi- zat i.oo ~ch has been "incorporated \Dier the laws of the State for the purposes of a social, fraternal, patriotic, political or athletic nature, and not for pecuniary gain •••• " It was noted that all churches are incorporated under the laws of the State of Colorado. Hr. Ganes indicated that the upstairs gym of the church was the ooly place available f or a grOJP the size expected and that it was no longer legal for patrons to bring their awn liquor. The City Attorney indicated that the church DUSt secure a sales tax license from the Ci ty and pay a $25.00 fee the the state. CDWCIU1AN BT FSSING M>VED, CXXJNCII.MAN BlUti SECnIDID, 'lHAT 'DIE PUBLIC HF.ARn«; 'ID ~SIDER 'llfE SPECIAL EVan'S LIQWR PERMIT FOR 'DIE Sf. IOOIS c.AlH)L!C CJIJlQl, 3300 saml SHERMAN Sl'REE'l', BE CLOSED. Upat the call of the roll, the vote resulted as follows: Ayes: Council Merrbers Blessing, Brawn, Dhority, Henning, Schwab, Senti. Nays: Nate. Absent: Council Menber Lay. The Mayor declared the hearing closed at 8:36 P.M. .355 356 -3- CIXJNCIU1AN BI.ESSTI«; M>VED, CXXJNCIUU1AN HFltiING SECDIDED, 'lllAT UPW FINDTI«; 'lHAT EXISITn«; FACIUTIE.5 Wlnrr.N 'lllE ClllJRCli C1IHER IBAN 'lllE GYM ARE INSUFFICIENI' AND 'lHAT C1IHER FACILITIE.5 ARE mAVAILABIE, 'lHAT WDER 'lllE CIRCl.M>TANCES IT IS PK>PER TO UC'mSE FOR OOE DAY PIDVIDED 'lllE APPUCANr m:'fS AIL OF 'lllE C1IHER REXllJIREHNl'S OF STATE LAW, AND 'lHAT A SPEX;IAL EVENTS U~R PERMIT BE GRANrED 'ID SI. LOUIS r.A11DUC anJKH, 3300 &X.ml SHERMAN STREET. Upcn a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Blessing, Brawn, Dhority, Heming, Schwab, Senti. None. Council Meuber Lay. The Mayor declared the m:>tion carried. * * * * * CIXJNCIU1AN ~ MJVED, CXlJNCIUD1AN umNIK; SECmDED, 'lllAT nm HF.ARill:; 'ID ~SIDER nm RFQJFSI' FOR A HEIGfi' EXCEPITrn FOR OFFICES, LTD. , FRNl'IOO rn SXJ1H LINCDI.N SI'REET AND SWIH SHERMAN STREET OOU'lH OF EAST GIRARD AVENUE BE OPmED. Upai a call of the roll, the vote resulted as follows: Ayes: Council Menbers Blessing, Brawn, Dhority, Heming, Schwab, Senti. Nays: Naie. Absent: Council Menber Lay. The Mayor declared the public hearing opened at 8: 38 P .M. OOl'E: A tape recording of the public hearing is ai file with the official records of the City Clerk of the March 6, 1972, City Council meeting. Listed below in order of first appearance and presentation are the individuals who testified at the hearing and the exhibits. Mr. Harry c.arleno, Attorney representing Offices, Ltd., 3460 South Sherman, appeared and presented an affidavit of posting which indicated that a public hearing would be held to coosider a height exception on March 6, 1972. It was received and marked Exhibit "A". Mr. Carlena noted that the original plan was for a five-story structure ~ch de- finitely would have required a height exception from the Council. The plans now, however, call for only four stories and he was doubtful that a waiver was still necessary. He indi- cated that the plans called for sufficient parking to satisfy City requirements and that the location of the structure is now to be DX>re centrally placed on the property. He also indicat- ed that his client, Mr. Oliver Giseburt, was going to seek an alley vacation as noted later on the agenda. Councilman Brawn inquired hCM many parking spaces were provided. Mr. Carleno ~ed that 97 spaces were planned. Hr. E. Bruce Schock, architect, stated that after reading the City ordinance and reviewing the revised plan, it was his opinicn that a height excepticn was no longer necessary. He noted that the height of the structure would be 68 feet, that is would be set back 14 feet fran Sher1111n, and that the parking would be set back approximately 44 feet from Girard and the building another 10-12 feet from that. He stated these figures were accurate. Based en this evidence, the City Attorney agreed that there appeared to no longer be a need for a height excepticn. Director of Comn.mity Developnent James Supinger presented an affidavit showing that the notice of public hearing had been published. The affidavit was received and marked as Exhibit "B". Mr. Supinger noted that the Planning and Zoning Comni.ssicn had recomnended the exception before the revised plans had been received. exu«;IIM\N IH>RITY M>VED, CXlNCIUD1AN ~ SECDIDED, 'llfAT nm PUBUC HF.ARn«; 00 'llfE RFQJFSI' OF OWICES, LTD., FOR A HEIGfi' EXCEPI'Irn BE CLOSED. Upcn a call of the roll, the vote resulted as follows: Ayes: Council Menbers Blessing, Brawn, Dhority, Heming, Schwab, Senti. Nays: Ncne. Absent: Council Menber Lay. The Mayor declared the hearing closed at 8: SS P .M. Cll.6~ BI.ESSIK; MJVED, CXlJNC~ BRG.N SECXJIDED, 'llfAT nm OFFICIAL MINUTES OF 'lllE CXXK;IL PIO:»J)rt«;S Sinl 'lHAT nm MATTER OF A HEIGH!' EXCEPITOO FOR OFFICES , LTD. , FlOn'ING 00 &XJ'lll LINCDI.N STREET AND OOU'lH SHERMAN srRFEr &XJ'lll OF EASl' GIRARD AvaruE, ~ ~SIDERED I I I I I I I I -4- AT A PUBLIC HEARn«; IXJRI.t«; A REGJU\RLY SCliEilJLED CIX.tiCIL MEErlNG HEID 00 M!\RCli 6, 1972, BUI' 'lllAT 1HE aW«;E IN PLANS OF 1HE PK>Pa>ED BUILDING HAD M\DE SUCli A WAIVER 00 I..CNGER NEraSSARY. Upon a call of the roll, the vote resulted a follows: Ayes: Council Menbers Blessing, Brown, Dhority, Henning, Schwab, Senti. Nays: Nooe. Absent: Council Meui>er Lay. 'llle Mayor declared the m>tion carried. * * * * * The minutes of the Board of Career Service Comnissioners meeting of February 17, 1972, were received for the record. * * * * * The minutes of the Planning and Zoning Comni.ssion meeting of February 8, 1972, were received for the record. * * * * * A IJSik)randun fran Mr. Wn. L. McDivitt, Assistant City Manager, to Mr. Stanley H. Dial, City Manager, dated March 2, 1972, regarding distributiai of the sales tax and analysis of the Recreatiai F\md, was received for the record. * * * * * City Manager Dial noted that the 1972 budget had provided sufficient nmies to send b«> menbers of the Plamri.ng and Zoning Comni.ssion and one nerber of the Department of Ccmllmity Developnent to the National Conference of the American Society of Planning Officials to be held in Detroit, Michigan, fran April 15 to April 20. ~ ~ MNED, ~Clll01AN HEmING SECDIDFD, 'IHAT 1HE RECXMEIDATIW 'ID SEK> 'l\il) ~ OF 'DIE ~ AND ZWING CXM1ISSIOO AND OOE MEJtmER OF 'DIE DEPAKIHNl' OF CXHt.JNI'lY Dt.VEI.OIMENI' 'ID 'DIE NATICJW.. cmFERENCE OF 'DIE AMERICAN OOCIEl'Y OF PURru«; OWICIAl.S IN DEOOIT, MIOIIGAN, APRIL 15-20 BE APPR:>VED. Upcn a call of the roll, the vote resulted as follows: Ayes: Council Meui>ers Blessing, Brown, Ihori ty, Henning, Schwab, Senti. Nays: None. Absent: Cmmcil Meni>er Lay. The Mayor declared the m>tion carried. * * * * * BY AJ.1Ill)RITY ORDINANIB r«>. 8, SERIES OF 1972 AN ORDINANIB APPK>VING 1HE \tlDLE OOST OF 1HE IMPK>VEMNI'S MADE IN AND FOR SIDENJMl< nt>K>VEMN.r DISl'RICT ?I>. 71 IN 1HE CITY OF llG»Q)D, OOIDRAOO; APPR:>VING AND CDWIRMU«; 'DIE APPORl'IOO- ~ OF SAID OOST 'ID EAOl lDI' OR TRACI' OF LA.ND IN SAID DISI'RICT; ASSFSSIR; A SHARE OF SAID CDS!' AGAINsr F.AQ{ wr OR TRACI' OF LAND IN 'DIE DlsrRICT; PRESCRIBOO 'DIE HAtfiER OF CDIJ.ECl'l(fi AND PAYMmr OF SAID ASSES~. (Copied in full in the official Ordinance Book) • ~CIU1AN BI F.SSING MNED, CXXJNCIL\tDMAN HEmING SECDIDED, 'IHAT ORDINANCE 00. 8, SERIES OF 1972, BE PASSED 00 FINAL READING AND PUBLI~ BY TI'l1.E IN 'DIE ENGI.E\tlX>D HERAID smTI.NEL. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Colmcil Meni>ers Blessing, Brown, Ihority, Henning, Schwab, Senti. Naic. (;ounci 1 Menber Lay. The Mayor declared the m>tiai carried. * * * * * 357 358 -5- INl'R)ClJCE> >S A BIIL BY ~CIU1AN IH>RI'IY AND READ IN RJI.L, A BILL FOR AN ORDINAtn: VACATI?«:; 'lHAT AUEi IOCATED ENI'IRELY WI'DUN BIDCX 6, PREMIER AlDITirn, CITY OF ElG.»IX>D, ARAPAll>E CXlJN1Y, CDI.ORAOO, AND RESERVIOO 'IHEREIN 'DIE RIGHI' ro INsrAI.L, KbJNl'AIN, OPERATE, REPAIR AND REPLACE 'DIE Sa.ER AND WATER KUN AND OlHER UITLITIES ~ I.DCATED IN SAID PUBUC AJ..JEi. Director of Camunity Developnent James Supinger discussed the request before the c.ouncil to vacate all or a partial of the alley rurning north and south in the block bounded by Girard al the north, Shermm al the east, Hanpden al the sooth, and Lincoln al the west. Hr. Supinger stated that the Planning and Zoning Comn:issial had calSidered vacation of the entire alley but, due to drainage and access problem1, had reconmended vacaticn of only the sruthern 72-1/2 feet. The staff has since talked with both owners of the property and other cmcemed owners in the area in light of the new plans recently proposed. With the presentatial of these plans, the drainage problem appears to be solved and it was his recan- mendatial that even tha.igh the Planning and Zoning Conmission had recomnended vacatial of only the sruthern partial of the alley, the entire alley should now be vacated. He felt that had the Cc:mni.ssicn had the benefit of seeing these new plans, they would have reconmended vacation of the entire alley also. Councilman SclwW questioned whether it would not be best to send the proposal back to the Planning and Zoning Comnission since a new presentaticn was being made. Hr. Supinger stated that he felt that this would not be necessary because he knew the feelings of the Coomi.ssial and they would definitely be in favor of vacating the entire alley in view of the new plans. Such a IOOVe would merely delay vacation of the entire alley, he said. Mayor Senti indicated that there was only cne other owner involved and that if he had been satisfied as indicated by the presentatial, he felt there would be no problem. Hr. Carlene indicated that provisioo had been made to allow access to the property behind the Parker property but that the agreement had not been reduced to writing. With regard to the La.5age property, Mr. Carleno stated that anycne wishing to purchase the property in the future would know in advance that their cnly access would be on either Lincoln or Girard. Mr. Carlene again enphasized that there appeared to be no problem with property owners in the area. Mr. Parker, he said, would not be opposed to the vacation if he were provided with access frcm Girard. He would also have access to the existing alley, and such an agreell8lt would be put in writing by the time the proposed ordinance vacating the entire alley were placed on final reading. City Manager Dial noted that the City would retain a 16 foot utility easement. This li«>uld prohibit building over the alley. ™1IJ1AN IH>RI'IY MJVED, CllJNCIU1AN Bl .ESSIOO SECDIDED, 'lHAT 'DIE BilL R>R AN ORDllWU: BE PASSED rn FIRST RF.ADD«; AND PUBUSIED IN RJI.L IN 'DIE ~, HERAID SENrINEL. Upon a call of the roll, the vote resulted as follows: Ayes: c.ouncil Menbers Blessing, Brawn, Ihority, Heming, Schwab, Senti. Nays: None. AbS<nt: Q:xmcil Menber Lay. The Mayor declared the mtion carried. * * * * * RES>WI'ICll R>. 10 , SERIES OF 1972 ~ AlmlJRIZIOO FILn«; OF APPUCATICti WI'lll 'DIE DEPARIMNI' OF RXJSU«; AND URBAN ~. OOTED STATE.5 OF N£RICA, RE A GRAN!' ltIDER P.L. 89--117. (C.Opied in full in the official Resolution Book). ™1IJ1AN SCllWAB MJVED, ~CIU!AN ~ SECDIDED, 'lHAT RFS>WrIOO ti>. 10, SERIES OF 1972, BE APPRJVED AND AOOPI'ED. Upoo a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: c.auncil Menbers Blessing, Brawn, Ihority, Henning, Schwab, Senti. Ncne. Counci 1 Meui>er Lay. The Mayor declared the mtion carried. * * * * * I I I I I I ·1 I -6- RES>wrrm NO. 11, SERI.E.5 OF 1972 RES>wnm Al.J'lll)RIZING 'lllE FILn«; OF nm APPUCATim FOR A GRANl' 'IO ~RE AND DEVELOP OPm SP.AO: FUR A "GREENBELT-PARK" (WESr HARVARD GULCll) WI'llilN nm CITY OF ~D. CDl.DRAIX>. (C.Opied in full in the official Resolution Book). CXlJNClll1AN IHJRITY MJVED, ~CIIM\N BIBSSING SECXJIDID, 'DIAT RF.S>urrrm NO. 11, SERIES OF 1972, BE APPRJVED AND AOOPI'ED. City Manager Dial noted that the storm sewer projects in northwest and northeast Englewood and the Greenbelt project in rx>rthwest Englewood had received high ratings from the Denver office of the Department of Housing and Urban Developnent. He said that the full application for both storm sewer projects would be presented to the C.Ouncil at a later date. Both projects together were originally estimated to be $1,313,000 to be appcrtiaied in the SIOOUllts of $626 ,000 to the City of Englewood, $589 ,000 to the Department of Housing and Urban Developnent, and $98,000 to the City of Denver. Mr. Dial presented a nap of what is coomDly known as the ''West Harvard Gulch" pro- ject. 'lbe project would require the City to purchase approximately nine acres which would be added to two additional acres already City owned. It was the intention of the City to acquire this property and to convert it into a dual use --drainage and park or open space. Sufficient crodrlt to carry a two year storm sewer would be placed underground in the Greenbelt project. Larger storII6 would flaw through the bottan of the Gulch which would be a park after the project is coopleted. Mr. Dial indicated that it was originally estimated that the cost of acquiring a fee sinple interest in the Greenbelt property would be $1~ ,000. This figure was now revised to be $106,950. The original estimate for the developnent of the property was $95,000 but it had now been revised to $99 ,050. The estimated cost of the dem:>lition and rem>val of inprovanents existing on the property had not changed, but umer a new ruling by the Department of Housing and Urban Developnent the original estimate of $10,000 for relocaticn would probably be far short of the actual requirement. The Department now requires that the City reinhlrse anyone being relocated, not only for the cost of their property, but also for the cost of placing them in cooparable dwellings of equal square footage. In other wrds, it would generally no longer be sufficient to merely reinburse perscns being relocated just for the cost of their present structure. Mr. Dial noted that no provision for bicycle paths through the Greenbelt had been qde in the cost estimates. He estimated the cost at an additional $7 ,800. The deadline for the oonplete application is March 15. Mr. Dial stated that if the c.ouncil wished to provide a storm drainage project only, it would still be necessary to acquire approximately four acres of property. The vote on the mtion resulted as follows: Ayes: Nays: Absent : C.Ouncil Meni>ers Blessing, Brown, lbority, Henning, Schwab, Senti. Nooe. c.ounci 1 Meni>er Lay. The Mayor declared the mtion carried. * * * * * c.ouncilmm Dhority left Council Chanbers at 9:45 P.M. RES>urrrm NO. u, SERI.E.5 OF 1972 A REOOllmCfi APPllJP~ MIUES IN 'lllE PUBUC IMPK>VEMNI' FUID. (C.Opied in full in the official Resolution Book). ~CIU1AN SCliWAB MJVED' CXXJNCIIM\N BT F.SSING SECXJIDED, 'DIAT RF.S>urrrrn NO. u, SERIF.s OF 1972, BE APPR>VED AND AOOPIED. Upm a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Colmcil Meubers Blessing, Brown, Henning, Schwab, Senti. Nooe. Council Menbers Dhority, Lay. The Mayor declared the mtion carried. * * * * * RFS>urrrm NO. 13, SERIF.s OF 1972 A RFS>urnm APPK>PRIATING FUIDS IN 'lllE RECREATirn FUID. (Copied in full in the official Resolution Book). 359 360 -7- CDWCIU1AN BI FSSllli M>VED, CXXJNCIUD1AN HF.Hm«; SECDIDED, 'DIAT REOOurrlefi 00. 13, SERIES OF 1972, BE APPK>VED AND AOOPIED. Upm the call of the roll, the vote resulted as follows: Ayes: C.C)\mcil Meni:>ers Blessing, Brown, Henning, Schwab, Senti. Nays: Ncne. Absent : Council Meni>ers Dhority, Lay. The Mayor declared the notion carried. * * * * * Councilman Dhority reentered Council <lumbers at 9: 50 P .M. and took his seat with Council. City Manager Dial reccmnended the attendance of Mr. James L. Supinger, Director, Coommity Developnent, at the Natiooal Conference of the American Society of Planning Officials to be held in Detroit, Michigan, fran April 15 through April 20. CD.H;IU1AN ~ MlVED, CXXJNCIUD1AN HmNIR; SECDIDED, 'DIAT 'l1IE ~ OF MR. JAMES L. SUPno:R, DIRECIDR, CllMJNITY DEVEIDPMENI, 'IO ATl'END 'lllE NATICEAL ClJUERmel: OF 'lllE »£RICAN SOCIETY OF PLAttillli OFFICIALS ID BE HELD IN DEl'ROIT, MIOllGAN, FR>M APRIL 15 nno.GI APRIL 20 BE APPROVED. Upcn the call of the roll, the vote resulted as follows: Ayes : Nays: Absent: Council Menbers Blessing, Brown, Illority, Henning, Schwab, Senti. Nooe. Colmcil Menber Lay. The Mayor declared the noticn carried. * * * * * City Manager Dial informed Council of the fact that a recent editicn of the Denver Post carried a tl8p showing the proposed pattem of State Senate representation for the next decade. According to the II8p, District No. 6 which includes a large porticn of the population in Northwest Englewood ~ld be included in Denver. A recent Supreme Court decisicn ruled that the City of Glendale could be merged with other areas for state representation. \till.le there did not appear to be anything which the City could do, he did want to bring it to Colmcil's attenticn. * * * * * Colmcilman SclWcib reported cn the meeting of the Englewood-Littletcn Bus Conmittee h eld that afternooo. The new buses "'10Uld probably arrive by March 21, if not sooner, and they would be painted blue and accented with white. Mr. Schwab stated that since it ~d be necessary to have an additiooal used bus for back-up purposes, the Comnittee agreed to reaJlmli:nd to their respective Councils that cne bus (Bus No. 2) be purchased fran Mr. Ernest Herbertsoo in the annmt of $5 ,000 and that the other two buses presently in operatioo be returned to him. RFS>WITOO 00. 14, SERIES OF 1972 A REOOWITCfi TRAN.5FERR!t(; CEUAIN t-mIES FlU1 nm GENERAL MD 'ID nm BUS LINE MD. (Copied in full in the official Resolution Book). CD.fiCIU1AN salW\B M>VED, CXXJNCIU1AN IH>RITY SECmDED, 'lliAT RF.S>urrlefi NO. 14, SERIES OF 1972, BE APPK>VED AND AOOPI'ED. Upm a call of the roll, the vote resulted as follows: Ayes : Comcil Meni:>ers Blessing, Brown, Illority, Henning, Schwab, Senti. Nays : None. Absent: Colmcil Menber Lay. The Mayor declared the notion carried. * * * * * C-olncilman Brawn irKJuired of the status of the Animal Control ordinance. City Attorney Berardini stated that the ordinance would be ready for the next Comcil meeting. * * * * * Councilman Brown irqui.red of the City Attorney whether he had prepared an ordinance which would prohibit the showing of "X-rated llX>vies" within the City. The City Attorney stated that he did not have one prepared yet, and that he ~d recomnend that a conmittee be appoint- ed to study the whole area of legislating against the showing of such fil.Jm. I I I I I I I I -8- r.ouncilman Brown asked that if an ordinance were passed, "WOUld the ~cipal Judge uphold it. The Attorney replied that the Judge "WOUld have to base his ruling on two gnuds : (1) whether or not the ordinance had in fact been violated; and (2) whether or not the ordinance was constituted and, therefore, enforceable. Councilman Brown asked that the ordinance incorporate a fine for those persalS who lease out their property to firms s~ these films. * * * * * ~~ IH>RIT'i M>VED, CXl.JN~ ~ SECDIDFD, 'lHAT nlE t£ErING BE AllJWltiED. Upon the call of the roll, the vote resulted as follows: Ayes : Nays: Absent : Council Meni>ers Blessing, Brown, Ihority, Heming, Schwab, Senti. None. Ciouncil Menber Lay. The Mayor declared the rootioo carried, and the meeting adjourned at lO:U P.M. /S/ W.G. McDivitt Ex Officio Clerk of the Council 361