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HomeMy WebLinkAbout1972-03-20 (Regular) Meeting Minutes362 RF.GJU\R ~: CXlJNCIL OiAMBER.5 Cl'IY OF mGJ.EWX)D, CDIDRAOO MARC]{ 20, 1972 The City c.ouncil of the City of Englewood, Arapahoe County, Colorado met in regular session on March 20, 1972, at 8: 15 P .M. Mayor Senti, presiding, called the meeting to order. The invocation was given by the 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. Upm the call of the roll, the following were present Cooncil Meubers Brown, Heming, Lay, Schwab, Senti. Absent: Council Meoi>ers Blessing, Dhority. The Mayor declared a quorun present. Also present were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini * * * * * CIX.fiCllJ1AN ~ MJVED, CXXlNClUD1!\N ~ SECllIDED, 'lHAT 'lllE MINUTES OF 'lllE RmJLAR ~ OF MARClI 6, 1972, BE APPK>VED AS READ. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Abstaining: Absent: c.ouncil Me!Ibers Brown, Heming, Schwab, Senti. None. c.ouncil Melber Lay. Council Melrbers Blessing, Dhority. The Mayor declared the Dl)tion carried. * * * * * Mayor Senti recognized Mr. and Mrs Lawrence K:ntoya, 3145 South Elati Street, Pre- cinct No. 2, frcm the list of Special Citizen Program Invitees. Mr. ~toya stated that he would like the traffic island at Elati and Floyd retained. Mayor Senti then recognized Mr. Stephen L. O'Kane, 3146 South Vine Street, Precinct No. 7, who stated he would like to see the leash law enforced as nuch as possible. Mr. J. G. Robbins, 4268 South Delaware Street, Precinct No. 10, expressed pleasure with the efforts of the Council and wished that it were recognized ioore often by the public. Mayor Senti recognized the following persons from the list of Special Citizens Program Invitees: Mr. and Mrs. Victor Ott, 4565 South Fox Street, Precinct No. U; Mr. Norman G. Marcotte, 4315 South Kalamath Street, Precinct No. U; Mr. and Mrs. Dewey F. Miller, 4730 South Logan Street, Precinct No. 16; Mr. Frank S. Reffalt, 4610 South King Street, Precinct NO. 13. Mr. and Mrs. Walter Lostroh, 3435 South Emersai, appeared before Council. Mr. Lostroh had received a letter notifying him that there was an ordinance wch would delete the 3400 block of South Em?rson Street from Paving District No. 21 and said he was hopeful that the ordinance would be passed on final reading. Mr. Chris Crosby of Trout Unlimited, 4260 East Evans Avenue, appeared before Council to present a proposal for developing the South Platte River into an Open Space area as an al- ternative to channelizaticn as proposed by the United States Corps of Engineers. Mr. Crosby, who is Clla:irnmi of Trout Unlimited, noted that the developnent of an Open Space project as de- fined by the Nixon aclnini.stratiai would be in concert with what the City of Littletai was pro- posing to do. \ihile the Bureau of Outdoor Recreation and the Department of Housing and Urban Developnent might caltribute towards the project, the crucial condition, he stated, was local support. If the City were to strongly endorse the idea and take steps towards inplementing a plan to develop this alternative to channelization, then the United States Corps of Engineers would take the project seriously. Mr. Robert Weaver, also of Trout Unlimited, stepped forward to shaw a II8p of the pro- posed project. He noted that Englewood and Littleton were just a small section of the Green- belt neo.ork. An additicnal use of the property might be as an urban transit corridor. Mr. Weaver stated that they had estimated that the land acquisition costs of the project from where Littletai proposal leaves off the West Oxford Avenue would be between 2 .5 and 3 .5 million dollars. He stated that without reauthorization the Corps of Engineers could use their share o f oniey which was reserved for channelizaticn for flood plain developnent. Mr. Weaver enphasized that the above costs included such itens as relocation ard depreciation. I I I I I I I I -2- c.ouncilmm SclMab asked what Denver's reactim to the project was. Mr. Weaver explained that there was scm? possibility of an exchange of land throughoot the Auraria project which would lend itself to a mi.ni.mJm annmt of Open Space developnent by the railroad yards, but that the DX>st part the river through Denver was already channeled. Mr. Dial stated that ouch of the river land through Englewood was already in a state of destroctim unlike the property further south in Littletm. Coosequently, the property in Englewood needed to be purchased and then beautified as opposed to merely being acquired for preservatim. He inquired of Mr. Weaver if this additimal cost of inproving the property in additim to acquiring it had been projected in their figures. Mr. Weaver stated that it had not . c.ouncill!ODan Henning asked Mr. Weaver exactly what he and Mr. Crosby were requesting of the f.olmcil, and Mr. Weaver stated that he ~ld like for the City to investigate this Open Space proposal as an alternative to charmelizatim. Channelizatim he felt ~ld not only ruin the vegetation and the fish habitat, but it would encourage t00re pollution and destroy the stream for recreational uses. He did state that this proposal ~ld also be presented to the Sheridan City Council. * * * * * Hr. M. M. Surmers, 3140 South Delaware Street, appeared before Council. He said that since his appearance before the Council at the last meeting opposing ''X-rated IOOVies" in the City, he had been overwhelmed with letters and calls fran the citizens of the COODlJllity. He further stated that he had never spent so nuch time studying a subject in his life and that he had even gone to the extent of oontacting City Attorney Berardini and District Attorney Gallagher. The District Attorney, he said, felt that an ordinance could be passed. Mr. Samners noted that his own attorney also felt that the City could pass an ordinance outlawing the sharing of these f il.mJ. It was Mr. S\JDDers' conclusion that if the City Council exercised considerable care in adopting an ordinance outlawing the showing of ''X-rated tOOVies" within the City, such legislatim li«JUld be upheld by the courts. He indicated that there was a conmittee of five in addition to his wife and hi.Imelf organized to seek this legislation. He stated that what they wanted was an ordinance which ~d shut down a theatre showing movies of this nature and that to do so it might be necessary to ilq>ose a fine of $300.00 each time such a novie were shewn al.oog with a three-nrnth jail sentence for each showing. A jail sentence he felt was necessary beamse a fine did not deter operators bent al showing these types of DDVies. Mr. Samners expressed displeasure with the newspaper for opposing his stand editorially. * * * * * Mr. Eddie Specht, Manager of the Gothic Theatre, 3263 South Broadway, Wicated that he had worked for the present manageielt for nearly eighteen years. The owners of the DX>Vi.e chain began sharing "X-rated" fil.mJ, he stated, because there were few good "G", "PG", and "R" features available. He congratulated the Cinderella City Cinema for advertising so extensive- ly all filJIB rated "PG''. On the whole, he stated, roly the filn8 rated "R" could be considered a real drawing card. He explained that features rated ''R" were open to all persm, even youngsters, and yet in his opinion they contain just as nudl fool language as his pictures. His acbission price --$3.50 to $5.50 --serves to keep rut persms of undesirable character. As a matter of fact, he noted that in the past a«> years it had been necessary to call the Police only m two occasions. He indicated that his establishnent was doing a service to the comrunity of Engla«>od in that they refer people to various eating establislmelts within the COIDlllility. Sharing the type of fil.mJ his fll:m specialized in is done as a matter of econani.c necessity. Outside of Walt Disney producticns, he felt an owner would starve to death al "G" rated pictures. He stated that the courts have upheld the showing of these filn8 primarily because they could not define ''pornography I e C-olncilmm Schwab asked Mr. Specht if he 'WOUld be willing to IOOVe his films to the Webber Theatre, 119 South Broadway, Denver. Mr. Specht indicated that he only does as the management directs him. Mr. Scl'Mab further inquired if he (Mr. Specht) had ever owned the Santa Fe Theatre. Mr. Specht stated he had not but that at one time for a period of approximately six nrnths he had done sane part-time work m Fridays, Saturdays and Sundays. Colmcilmm Brown asked why the age limit had been dropped fran 21 to 18 years for adnittance to these shows. Mr. Specht answered that he had merely received a directie from the management to allow 18-year olds to attend. Mr. Brown asked if business had contirued to increase during the past a«> years of if it had reached a stable plain. Mr. Specht said there was no cootirued increase, that it had reached a stable plain. c.ouncilmm Schwab expressed his feeling that the reasm the judges have not upheld ordinances prohibiting the showing of ''X-rated" tOOVies is that they do not have the "guts" to hand down a ntl.ing opposing these fil.mJ and he further stated that he did not approve of what Mr. Specht was doing. Mr. Specht countered that Mr. Schwab was entitled to his opinion and that he respected that right. * * * * * 36il 364 -3- The minutes of the Public Library Board meeting of March 14, 1972, were received for the record. * * * * * The minltes of the Planning and Zoning Ccmni.ssial meeting of February 23 , 1972, were received for the record. * * * * * The minutes of the Workable Program Citizen's Coomittee meeting of March 2, 1972, were received for the record. * * * * * The minutes of the Board of Adjustment and Appeals meeting of February 9, 1972, were received for the record. * * * * * The minutes of the Parks and Recreation Conmi.ssion meeting of March 8, 1972, '-'E!re received for the record. * * * * * The financial report for the DUlth of February, 1972, was received for the record. * * * * * Mr. Stanley H. Dial, City Manager, presented a request to vacate a 16 foot easement al the north side of the property at 4005 South Jasal Street, kn::Mn as the Aldretti property, in order that a garage could be constructed with a driveway utilizing the land now restricted by the easEm?nt in question is bourxied by Kalamath al the west and Jasm al the east, being the north 16 feet of Lot 11, Oxford Heights, Second Filing. Mr. Dial stated that in order to grant the easeIIB'lt, he would recomnend that the north 30 feet of the 8 foot easement across the \ileSt line of the property be dedicated to the City. This would give the necessary right-of-way which would permit the alley to be paved to coo:plete extension of the alley west to South Kalamath Street through approximately the center of the right-of-way for West Nassau Avenue. CllfiCIU1AN SCliWAB K>VED, CXlJNCIU1AN LAY SECllIDED, 'lllAT 1llE CITY ATIDRNEY BE DIRECTED TO PREPARE A BllL FUR AN ORDINMO: VAC.ATU«; 1llE FA5EMNI' IN 1llE OORIH 16 FEET OF I.DI 11, oxroRD HEIGH1'S, SECDm FILD«;, SUB.JECl' TO 1llE DEDICATIW OF 1llE NORl'H 30 FEET OF 1llE 8 FWT UrILITY F.ASDEll' ~ 1llE A1Dl£1Tl PIVPERrY. Upon the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merrbers Brown, Henning, Lay, Schwab, Senti. Nooe. Council Meni>ers Blessing, Dhority. The Mayor declared the IOOtioo carried. * * * * * Mr. Dial presented a mem:>randun from the Planning and Zoning Comnission requesting that an easement be vacated in the north 16 feet of Lot 12, Oxford Heights , Second Filing. The purpose of the vacation is to permit the owners, Mr. and Mrs. Conway Blevins, to construct a garage oo their property. They have not been able to do so previously because of this 16 foot easement. Mr. Dial noted that the difference between this and the above considered request is that there was no alley involved. ~CIU1AN LAY M)VED, CllJNCI.111AN SCllWAB SECXIIDED, 'lllAT 1llE CITY ATIDRNEY BE DIRECTED TO PREPARE A BIIL FOR AN ORDINANCE \rll!Cll WXJLD VACATE 1llE 16 FWT EA.5EMENI' OF I.DI 12, OXFORD HEIGn'S, SECllID FILIR;. Upon the call of the roll, the vote resulted as follow8: Ayes: <.;ouncil Merrbers Brc:Mn, Henning, Lay, Schwab, Senti. Nays: None. Absent: c.ouncil Meni>ers Blessing, Dhority. The Mayor declared the IOOtion carried. * * * * * Mr. Dial presented colored pictures of the canvas awning encroaching on City property at 3460 South Broadway, the Hi Fi Fo F\Jn Music Coopany. He indicated that this was similar to other requests which had been previously presented except that in this case the awning with attending poles encroaching oo City property had already been installed without prior knowledge or approval of the City. Upcn the advice of the Department of Comn.mity Developnent, certain structural changes had been D8de to the awning and, therefore, the board of Adjustments and Appeals was requesting that the Council grant this request ex post facto. I I I I I I I I -4- Cooncilman Lay questiooed whether a sign such as the ooe painted oo the awning was permissible un:ler the Municipal Code. City Manager Dial suggested that the encroachment cwld be approved with the provisioo that the sign oo the awning be renxwed. ~CilM\N IAY MJVED, ~CllM\N SOIWAB SECDIDFl>, 1HAT 'DIE ENCXWJHNT OVER CITY Pl()PERJ.Y AT 3460 S00'1H BRlAllJAY, HI FO FO FU1 MJSIC CXH>ANY, FOR AN ~ BE GRANI'ED PR>VIDING 'DiAT SAID ENCXWJHNT CXH>LY wrm AIL STANDAROO OF 11IE BUII.DING DIVISIW AND 'llfAT ti) ADVERI'IS- ltl; BE ~ W SAID ~. Upcn the call of the roll, the vote resulted as follCMS: Ayes: C.Ouncil Merrbers Brown, Heming, Lay, SclMab, Senti. Nays: Naie. Absent: Council Menbers Blessing, Dhority. The Mayor declared the m:>tioo carried. Councilman Lay stated that he ~d like the City Attorney to advise the Council whether these signs could be permitted oo an awning encroaching over City right-of way. * * * * * City Manager Dial presented a IDelOOI'anch.ln from the Board of Career Service Conmi ssiooers in which the Board asked to be relieved of respaisibility to reco111De!¥i to Council by May 1 of each year a pay plan. Mr. Dial indicated that this ordinance was written in 1958 before negotiating with City EDployee groups was a reality. Under the process today it is virtually inpossible for the Board to play an active role in evaluating a pay plan because accurate salary statistics carnot be gathered and presented in a meaningful form prior to the May 1 deadline. In additioo for the Board to enter actively into the negotiating practice via a review of the pay plan was no longer realistic. Councilman Schwab felt that it might be appropriate to review the entire Olarter and Mlnicipal Code in order to eliminate all similar provisicns which were out of date. Councilman Lay said that an ordinance amending the Board's respcnsibility was necessary because they were no longer in a positioo to play a meaningful role in the negotia- ting process. CDH:IU1AN ~ M>VED, CXXJN~ HENNIR; SECDIDFl>, 1HAT nlE CITY ATI'ORNEY BE DII£Cnl) 'ID DRAW UP A BIU. FOR AN ORDINANCE \ll!Cll WXJlD DEIErE SECrlW 5-2-3 OF 'DIE M.IUCIPAL CXl>E. Upai the call of the roll, the vote resulted as follCMS: Ayes: Nays: Absent: C.Ouncil Menbers Brawn, Heming, Lay, Senti. Colmcil Menber Schwab. Council Menbers Blessing, Dhority. The Mayor declared the m:>tioo carried. Councilman Lay then suggested that the Board of Career Service Conmi.ssiaiers review the Council's actioo to reconmerw:i a provisioo to take the place of their present role as spelled out in Sectioo 5-2-3 of the Code. City Manager Dial said that if at all possible, he would prefer to meet with the Board to see liRlt kind of a role they shatl.d play, that perhaps it was appropriate for thsn to be an appellate or fact-finding board. * * * * * City Manager stated that he would like to depart from the agenda. He indicated that the County Road and Bridge Fund nr.nies available for the City annmted to $49,000. In the past the City has used this mcney alroost entirely for seal coating streets the second year after they were constructed through a paving district, and to overlay other streets which were ouch older. The seal coating this year as proposed by the Public Works Director ~d llDCUlt to $16 ,000 while the overlay wuld annmt to $15 ,400 for a total project of $31,400. City Manager Dial presented a mem>randlln from the Public Works Director proposing replaCEment of certain caicrete ai East Eastman Avenue. \hen the street was coostructed in the early 1950' s the curb walk that was installed was a nm-conforming type which had a 4 inch drop from the gutter lip to the flow line instead of the standard 2 inches. This excessive drop prohibits installatioo of curb cuts or the overlaying of the street as autoon- biles drag their blllpers or bounce urrusually hard over this gutter sectioo. It was the recom- mendaticn of the Public Works Director that since the entire annmt of curb wrkwas non-con- forming, that it be resooved and replaced with the property owner paying ooly for that portioo which required replacement due to conditioo or settlement, and that the City pay for the re- mainder of the inpI'OWllelt through the County Road and Bridge Fund. Mr. Dial indicated that he was not ready to recomnend this proposal but lNOUld like the Council to give it consideratioo for action at a later date. 365 366 -5- ~CIU1AN lAY MM:D, CXXJNCIU1AN SCllWAB SECXIIDED, 'llIAT 'lllE PR>Pa>ED PRJGRAM OF SF.AL CXlAT AND OVERIAY AS SET FORlH IN 'lllE MEM)RANOCM FlOi 'DIE DIRECIOR OF PUBUC \DRKS TO 'lllE CITi MANAGER llf\TED Mt\RO{ 3 ' 1972' BE PERFOlff:D AT A 'IUrAL oosr OF $31, 400. Upm a call of the roll, the vote resulted as follows: Ayes: Council Merrbers Brown, Henning, Lay, Schwab, Senti. Nays: Nooe. Absent: Cmmcil Merrbers Blessing, Dhority. ·1ne Mayor Cleclared the IOOtion carried. 'K'K'K'KX J:) I Alf il1Ulti'.n Ul<U~ Kl. ---~~ Ul'' l~ / 'L AN ORDINANCl: VACATlNG 'lllAT Al.LEY LOCATED mrIRELY WI'IHIN BLCXX 6, PREMlER AIDITIW, CITY OF ~, ARAPAR)E CilJN'lY, CDI.DRAOO, AND RESERV]H; 'lHEREIN 'DIE RIGHI' TO INSI'AIL, MAINI'AIN, OPERATE, REPAIR AND REPLACE 'lllE SE.VER AND WATER MAIN AND OllfER UITUTIES tD1 l.OCA'.l'ED IN SAID PUBUC AI.LEY. City Attorney Berardini recalled that the Council had directed that Mr. Olalmerse Parker and Of fices, Ltd. , sign an agreement for the use of the alley should the South Lincoln Street/South Sherman Street alley swth of East Girard Avenue be vacated. Such an agreement has been signed he stated. ~~ ~ MNED, CXXJNCIIMAN ~ SECXIIDED, 'llIAT 'lllE OOU'IH LINCDW STREEI' / SCX1lH SHERMAN srREET Al.LEY OOU'lH OF FASI' GIRARD AvmuE BE VACATED. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Merrbers Brawn, Henning, Senti. Council Menbers Lay, Schwab. Council Merrbers Blessing, Dhority. The Mayor declared the IOOtioo carried, but the ordinance failed. In response to a questicn frcm Councilwoman Henning in which she stated that anycne that he definitely wanted the measure considered again. ORDINAN<l: NO. 9, SERIES OF 1972 * * * * * BY AI!IH)Rl'I'Y AN ORDINANCE NitND~ ORDINANCE NO. 7, SERIES OF 1972, 'IO DELETE 'lllE 3400 BLOCK OF SOU'Ili ~ srREt:I' fl01 PAVI?«; DISTRICT NO. 21. (Copied in full in the official Ordinance Book). ~ SCllWAB MNED, CXXJNCIU1AN lAY SECXJIDED, 'llIAT ORDINANCE NO. 9, SERIES OF 1972, BE PASSED W FINAL RF.ACING AND PUBUSIED BY TITLE IN 'lllE FNGLE\tl'.X)D HERAlD SF.Nl'INEL. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Brown, Henning, Lay, Schwab, Senti. Ncne. Council Merrbers Blessing, Dhority. The Mayor declared the IOOtion carried. * * * * * Councillllm Schwab noted that the next item on the agenda, a Bill for an Ordinance popularly kncMn as the Animal Control Ordinance, had been tabled at the meeting of Janaury 17, 1972, and suggested that it would perhaps be best if Council would defer actioo until it could meet with the Animal Control Conmittee. He also indicated that an ordinance of this nature was too controversial to consider when tw merrbers of the Council were absent. Councilman Lay agreed, roting that the Hobby Breeders licensing provisioos should be given considerable stuiy as it would umoubtedly be a difficult provisioo to enforce. By c.onmxi agreement, Council rooved on to the next item on the agenda. * * * * * I I I I I I I I -6- lNl'lOl.JCE) AS A BIIL BY OOUNCIU1AN lAY, A BIIL FOR AN ORDINAN<l: At-DOING TITLE YN '69 E.M.C., BY AIDING DEFINITIOOS, IN~ING '!HE APPOINI'ED HDeERSHlP 10 'lHE WATER AND SEWER BOARD, ESTABLlg{!NG DATES FOR 'lHE DEI...IlQJENC'i OF WATER BIIL.5' HAKIH; PRJVISIOO FUR W'l'IQ: OF SHUT-OFF AFTER DELilQ.JmC'i; ABCLIOO?«; I 'VAC>BC'i INSPECTIClf I rnARGES; IN<m'A5ING QiARGES FOR WATER 'I'Ulti-OFF OR 'I'Ulti-00 SERVICES; .Al1lll)R!ZING WI'-OFF H01 Mf\IN 'ID BE PERFOlMD El'IHER BY A STATE Ll~SED AND lDIDED PUJMBER OR CITY WATER DIVISIOO PER&ltiEL; ~RING SERVIQ: PIPE 10 CXlU'ORM 10 'lHE UNIFORM BUIIDING CDDE SPF.clFICATIWS AND STANDAROO; DIS<lNI'INUING 'lHE SAi.ES OF CERl'AIN M!\TERIALS BY 1HE WATER DIVISIOO; REXllJlRING AIL CDtiECTIOOS WI'lH 'lHE CITY WATER SYSI'EM 10 BE MAIE BY srATE LI~SED AND ~ Plll1BERS AND REPF.ALll«; AIL ORDINANCES OR PARI'S OF ORDINANCES IN cmrucr HEREWl'lH. City Attorney Berardini briefly reviewed the Bill for an Ordinance Revising YJI of the City Code relating to the water operaticn. City Manager Dial noted that this was primarily a house-cleaning type of ordinance although there were t:\\10 provisions he would like to especially draw to the Council's attenticn. First, this ordinance would eventually eliminate the City practice of keeping an inventory of pluli>ing itetl6 needed to make water and sewer installations fran the main to the house. While the City would continue to maintain an inventory of meters, he felt it was no longer necessary for us to carry an inventory of these other item;. Second, this ordinance would raise the delinquent charge where it was necessary to tum off custcmers' water and then later restore service fran $1.00 to $5.00. This he stated would be in ccnfm:tnance with the requirements of the surrounding cities. CXl.JNClll1AN lAY IDVED, OOUNC~ SCliWAB SECllIDED, 'lHAT 'lHE BIIL FOR AN ORDINANQ: REVISIK; TITI..E YN OF 'lHE CITY CDDE RELATING 'ID 'lHE WATER OPERATIOO BE PASSED 00 FIRST READING AND PUBLliHED IN RJll. IN 'lHE mGIE\tlX)D HERAID SFln'INEL. Upm a call of the roll, the vote resulted as follows: Ayes: Council Menbers Brown, Herming, Lay, Schwab, Senti. Nays: Ncne. Absent: Council Melrbers Blessing, Illority. The Mayor declared the DX>ticn carried. * * * * * City Manager Dial introduced Mr. Carl Zencn, an intern working with the City unier a progran spmsored by the Intematiooal City Management Associaticn in conjucticn with Denver Regialal Council of Goveuments. Mr. Zenon, he stated, is studying for a Master's Degree at the University of Denver in Public Administration and his work with the City will serve as the practical applicaticn of his studies. * * * * * RES>UTrlOO t«>. 15 , SERIFS OF 1972 A RFS>wrIOO ~ 'lHE llXJSING AND lD£ FINANffi AOONISTRATOR 'ID RELIEVE 'lHE CITY OF ~ OF AIL LIABILI'IY l.IIDER AGREEr-tNr PREVIOOSLY Bfl'ERED INID. (C.Opied in full in the official Resoluticn Book). City Manager Dial discussed the resoluticn which would relieve the City of all liability under a $20 ,000 plamri.ng loan granted to the City in 1962 by the Housing and Hane Finance Acbi.ni.straticn. This planning advance of $20 ,000 is for the so-called Hoskins Storm Drainage Stwy. Since very little of their proposal had been constructed and because a new storm drainage plan had been prepared, the likelihcxxl of the City continuing under the Hoskins pro- posals was rEllk>te. This resolution \illOuld relieve the City of any liability for the payment of this $20,000 except for $89.55 which represented the proporticnate aIOOUnt of the advance re- lated to the public work construction in accordance with plans prepared with the loan. ~ SOlilAB K>VED, OOH;~ lAY SEcmDED, 'lHAT RES>wrIOO 00. 15, SERIES OF 1972, BE APPIUJED AND AOOPIED. Upm a call of the roll, the vote resulted as follows: Ayes: C.OUlCil Mclrbers Brown, Henning, Lay, SclMab, Senti. Nays: Ncne. Absent: CoUlCil Menbers Blessing, Dhority. The Mayor declared the DX>ticn carried. * * * * * City Manager Dial discussed a neoorandun fran the Assistant City Manager relating to the proposed program for the enforcement of the ordinance prohibiting private refuse re- ceptacles fran being placed en public thoroughfares. He further explained that a notice advising all property owners of the reasms for C.Ouncil adopting this ordinance and the method for enforcing same would be sent in the near future. 367 368 -7- RES>WITOO NO. 16, SERIES OF 1972 RES>WITOO Al1lll>RIZI?«; 'DIE FILING OF 'DIE APPUCATIOO FOR A GRANr 'IO AClllJIRE AND DEVEU>P OP™ SPAQ: FOR A ''GRF..mBELT-PARK" (\ESf HARVARD GULCll) WI'llilN 'DIE CITY OF mGIE\tmD, CX>I.DRAOO. (C.Opied in full in the official Resolution Book). City Manager Dial discussed the resolution authorizing the filing of the application for a grant to develop the Greenbelt area in Northwest Englewood. He noted that at the last Council meeting a similar resolutim was approved in the annmt of $206 ,000 plus $50 ,000 for relocating all per&alS displaced in the project. According to the Department of Housing and Urban Developnent, Mr. Dial stated that it new appears that $66,000 shruld be reserved for relocatim. The proposed resolution wuld also include $7,800 for bicycle and hiking paths to be constructed throughout the proposed Greenbelt. He noted that lllle ~d need approximately $50,000 100re than the $90,000 budgeted in the Public Inprovement F\Jid for the Greenbelt program and that if the resolution were approved, a supplemental appropriation would have to be approved by the Council at a later date. There was sOOJe discussion as to whether or not bicycle paths were necessary. Mr. Dial suggested that the Council vote first on whether or not to include bicycle-hiking paths and then vote on the rest of the resolutim. This he stated would not place the entire re- solution in jeopardy. ~CIUD1AN ~ MMD, ~CIUtfAN BlUti SECXfiDED, 'mAT RES>Wl'IOO NO. 16, SERIES OF 1972, BE APPIOJED AND AOOPI'EO. lJpa1 the call of the roll, the vote resulted as follows: Ayes: Council Menbers Brown, Henning, Lay, Schwab, Senti. Nays: Nooe. Absent: Co\n:il Menbers Blessing, Dhority. The Mayor declared the 1IDtion carried. * * * * * City Manager Dial presented a resolution which would grant a utility easement to the Pli>lic Service Coopany for rerouting a gas line to the sewer plant. RES>WrIW NO. 17, SERIES OF 1972 RES>WITOO Al1lll>RIZI?«; GRAN!' OF tmLITY ~mNI' ~ BY PUBUC SERVICl: CXH>ANY OF OOIDRAOO FOR GA.5 LINE 'IO 'DIE CITY'S SaER PLAN!'. (C.Opied in full in the official Resolution Book) • U:U.CIU1AN SCllWAB K>VED, CDBCIUtfAN LAY SECDIDED, 'mAT RF.s>Wl'IOO NO. 17 , SERIE.5 OF 1972, BE APPR1JED AND AOOPI'ED. lJp<Xl the call of the roll, the vote resulted as follows: Ayes: c.ouncil Menbers Brown, Henning, Lay, Schwab, Senti. Nays: None. Absent: c.ouncil Menbers Blessing, Dhority. The Mayor declared the 1IDtion carried. * * * * * City Atomey Berardini noted that before the Greenbelt project could receive favor- able actim by the Department of Housing and Urban Developnent, Council would have to set forth its land acquisition policy and present an appropriate resolution which in effect would shai the City's willingness to make a resalable effort to acquire the property before institu- ting negotiation proceedings. RES>WITOO NO. 18, SERIES OF 1972 RES>WrIOO SUTn«; 'DIE LAND ~SITIOO PCLICY IN t«>RIHWFSr ENGLEKX>D FOR A GREm-BELT PARK (\ESf HARVARD GULCll) IN NOR'.IHWESI' FNGLElmD, CX>IDRAOO. (Copied in full in the official Resolution Book). CXlfiCIUU1AN ~ KJVED, Cll.fiCIIMAN SCHWAB SECllIDED, 'mAT RF.s>Wl'IOO 00. 18, SERIES OF 1972, BE APPWVED AND AOOPI'ED. lJp<Xl the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: C'.ouncil Meni>ers Brown, Henning, Lay, Schwab, Senti. Nooe. c.ouncil Meni>ers Blessing, Dhority. The Mayor declared the tIDtion carried. I I I I I I I I -8- City Manager Dial noted that the relocati.oo requirements in the Greenbelt area -were extensive coopared with scm! of the other projects the City had cooducted in the past. If at all possible, he felt it would be helpful to draw upm the experience of the Denver U:cban Renewal Authority which had been through this process en a Illlli>er of occasicns. Therefore, he advised the Council that he might attenpt to secure an agreement with DURA for their assistance in the project. * * * * * Councilman Lay asked the City Attorney to research whether or not children playing oo the streets could be issued a citaticn. He noted that because there was a lack of parks in his district, it was not \JllC(JllllQl to find children playing in the streets and that they had been told by the Police Department to discontinue such activities. City Attorney Berardini stated he "WOUld investigate the matter. * * * * * c.ouncilman Lay asked the City Attorney to research the problem of placing signs en marquees and awnings placed over the public right of way. The City Attorney stated he 'WOUl.d do so. * * * * * c.ouncilwcman Henning said she 'WOUl.d like the Council to consider the South Platte Open Space proposal as presented by Trout Unlimited at a coming study session. She stated that she was not interested in having a cooplete study of the situaticn made at this time but merely for the Council to discuss the questicn to see if it was interested in pursuing it any further. * * * * * Councilwoman Henning asked the City Manager to verify whether the City of Littletcn has instituted a policy of paying the entire paving district assessments. * * * * * Councilwoman Henning stated that in her research of Robert's Rules of Order, a m>ticn to table lasts cnly until the next meeting and that if the itElll is not takEri up at that meet- ing, it dies and can be reintroduced at that time. City Attorney Berardini said he 'WOUl.d re- search the questicn further. CouncilnBn Brown suggested that the Planned Developnent District ordinance be rerooved f ran the table. Councilllml Schwab e>q>ressed the feeling that it should he delayed until the Cotmeil had time to discuss it in depth. It was not brought from the table. * * * * * ~ SCllilAB MMD, CXJBCIIM\N LAY SECmDED, 'lHAT 'llfE MfXl'ING BE AllJCIJmED. Upon a call of the roll, the vote resulted as follows: Ayes : Qrunci l Meni>ers Brown, Henning, Lay, Schwab, Senti. Nays : Nooe. Absent: c.ouncil Meui>ers Blessing, lhority. The Mayor declared the m:>tion carried, and the meeting adjourned at 11: 18 P .M. /S/ W.G. McDivitt Ex Officio Clerk of the Council 369