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HomeMy WebLinkAbout1972-04-17 (Regular) Meeting MinutesI I I I CXXJNCIL ~ L'ITY OF ~D, CX>I.DRAOO APRIL 17, 1972. REWLAR~: The City Council of the City of Englewood, Arapahoe County, Colorado met in re- gular sessien en April 17, 1972, at 8: 05 P .M. Mayor Senti, presiding , called the meeting to order. The invocatien was given by Msgr. Bernard Cullen of the St. Louis Catholic Ch.Jrch. Pledge of Allegiance was led by Pack No. 58. sent: The Mayor asked for roll call. Upm the call of the roll, the following were pre- Council Meui>ers Set.Jab, Lay, Henning, Dhority, Brown, Blessing, Senti. Absent: Nene. The Mayor declared a quorun present. Also present were: City Manager Dial Assistant City Manager McDivitt City Attorney Berardini * * * * * Mayor Senti recognized the following people from the list of Special Citizen Program Invitees: Mr. Larry ~. l<awe, lt:SOU &>uth Lincoln Street, Precinct No. 3; Mr. Victor H. Drake, 3740 South Huron Street, Precinct No. 4; Mr. Jack Doak, 2770 South Emersen Street, Precinct No. 5; Mr. ·LeRoy S. Rosvall, 2801 South Odgen Street, Precinct No. 5; Mrs. Everett E. Scaggs, 3158 South High Street, Precinct No. 7; Mr. and Mrs. Russell G. Scott, 4985 South Delaware Street, Precinct No. 14; Mr. Leroy A. Robinette, 4765 South Kalamath Street, Precinct No. 15. * * * * * City Manager Dial introduced the student cotmterparts of City officials who were going to participate in the anrrual Student Government activities en Thursday and Friday, April 20 and 21. The City officials and their student counterparts are as follows: School. Mayor Mil ten E. Senti Mayor Pro Tem HCMard R. Brown Counci1man Paul Blessing Councilman Dallas J. Ihority Councilwanan Judith B. Henning Councilman Jdm J. Lay r.ounci1man Elmer E. Schwab City Manager Stanley H. Dial Assistant City Manager \tin. L. McDivitt City Attorney Bernard V. Berardini Jack Englert Maripat Luiszer Gregg F\Jgita Ken Kuhlman Linda Hall Cathie Clark Bob Leng Larry Mauler Harry Nxunalo Jdm McPhersen Mr. Dial also introduced Mr. Lloyd Eastlund, faculty spcnsor from Englewood High * * * * * Following the introductien of Mr. M. M. SUDDers, 3140 South Delaware Street, Council- man Set.ab interjected to amounce that he would introduce the ordinance relating to porno- graphy later in the session. He wanted to make his intenticn known at that time least r.ouncil feel that his acticns were affected by Mr. Suuners' presentation. Mr. S1mners stated that the people of Englewood were truly in favor of this ordinance regulating pornography and that the state law which would go into effect in July would have no effect whatsoever on its enforcement. It had been runored that the cost of following up on an appeal of this ordinance throughout the courts would be around $100,0CX>. 'Ibis, he stated, was highly exaggerated but that it would be worth it just to see that the ordinance would stay in effect. He had been advised that what other courts do is of no cmcem to the Englewood Council in considering this ordinance. In reference to certain couments the City Attorney had attached to his draft of the proposed ordinance, Mr. S1mners indicated that in his opinion the Attorney was trying to act as social advisor to the Council. City Attorney Berardini stated that he had not in any way acted as a social advisor to the Council. He recalled that a 1969 Act of the Colorado Legislature dealing with porno- graphy was ruled unconstitutional by Judge Naugle in Deceni>er, 1970. He noted that the new State Criminal Code on pornography retained as nuch of the existing obscenity laws as the United States Supreme Court has indicated are constitutiooally valid and that in his couments to Council he oerely indicated that he was atte11pting to draw up an ordinance which would be enforceable in light of the laws interpreted by the courts. 387 388 -2- His functicn said the Attorney was not to recomnend an ordinance but to draft one that would be upheld. He noted that he had merely reported to the Council instances where legislaticn regulating pornography had been held unconstitutiooal, stating that the Supreme Court through its rulings had set certain standards and that it was his obli.gaticn as City Attorney to report its findings to the best of his ability. He noted that on July 1 of this year the United States Supreme Court would render an additiooal opinicn on these filn6 (X-rated). Mr. Sunoers asked the Attorney if he had not had a study session with the C'.ouncil last Kxlday night and rec.emended against passage of this ordinance. Councilman Blessing interjected to say ro., that the Attorney had rot. Mayor Senti terminated the discussicn, saying that he felt both sides had been aired sufficiently. * * * * * lhe minutes of the Parlcs and Recreation Conmission meeting of April 12, 1972, were received for the record. * * * * * lhe minutes of the Public Library Board meeting of April 11, 1972, were received for the record. * * * * * lhe minutes of the Board of Adjustment and Appeals meeting of March 8, 1972, were received for the record. * * * * * lhe minutes of the Planning and Zoning Conmission meeting of March 21, 1972, were received for the record. * * * * * lhe financial report for the m:nth of March was received for the record. * * * * * A schedule of activities and list of City officials and their counterparts for student Goveum:=nt activities were received for the record. * * * * * A letter from Mr. Jdm Pdllenus, Cllai.I'llml of the Citizens Steering Conmittee, to the Mayor and IDE!!lbers of the Engla.iood City Council endorsing the Planned Developnent District concept, was received for the record. * * * * * ~ BIOti MMD, <XX.fi~ ~~ED, 'lHAT 'lHE RECXHemATIOO OF 'lHE ~AND~ CXM«SSIOO OOT 'ID RENAME ''WFSr HAK>D:EN PLAa:" 'ID "CARL RlRGREN WAY'' BE APPRJVED. CouncilnBn Dhority inquired 'What the na:in objection was to naming a street after a persal. Council.wanan Hemrl.ng stated that certain criteria for the naming of streets had been reocmnended for the entire metropolitan area. It was illpoortant, she noted, that uniformity throughtout the area be achieved to facilitate IIBil and other deliveries. 1he cities, she felt, should conform to sane standard method of naming streets. She also indicated that West Hanpden Place nay at a later date be extended so that it would be longer than just a one-block street and that this would perhaps necessitate renaming the street again. Council.nBn Brawn stated that the late Mr. Norgren should indeed be hooored but that nami.ng a street after him was rot felt by the Plaming and Zoning Coomission to be the mst appropriate DBmer of doing so. CouncilnBn Blessing stated that he saw ro problem and that the addresses affected were only along one street and to his knowledge only affected the First National Bank of Englewood. c.ouncilman Lay stated that it was m:>re appropriate to halOr a man in sane method other than naming a street after him and suggested the City might meet with the bank to discuss this. Upon the call of the roll on the mticn, the vote resulted as follows: Ayes: Nays: Absent: Cooncil Ment>ers Schwab, Lay, Henning, Dhority, Brawn, Senti. C'.ouncil Meni>er Blessing. Nale. The Mayor declared the DDticn carried. I I I I I I I I -3- BY AIJlH)Rl'IY ORDINANO:: NO. 12, SERIES OF 1972 AN ORDINANQ: APPR>VIR; 1HE \HlIE CDSr OF 1HE IWRlVEHNI'S MADE IN PA~ DISTRICT NO. 20, IN 1HE Cl'IY OF~. CDl.DRAOO; APPR)Vlll; AND <mFIRMU«; 1HE APPORl'I<HBfi' OF SAID CDSr TO F.A£l{ wr OR TRACT OF LAND IN SAID DISTRICT; ASSESSI?«; A SHARE OF SAID oosr AGAINsr EA(]{ wr OR TRACI' OF I.RID IN 1HE DISl'RICT; PRESCRIBIR; 'lHE MAttiER FOR 'lHE CDILECI'IOO AND PAYMENI' OF SAID~. AND DECLARD«; AN DERGmCi. (Copied in full in the official Ordinance Book) • ~ LAY MJVED, CllJN~ SCllWAB SECDIDED, 'IHAT ORDINANCE NO. U, SERIF.s OF 1972, BE P~ ~ FINAL READIR; .AND PUBLISiED BY TITLE IN 1HE ~ HERAlD SENI'INEL. Upcn the call of the roll, the vote resulted as follows: Ayes: Q:nmcil Menbers Sclwab, Lay, Herming, Dhority, Brown, Blessing, Senti. Nays: None. Absent: None. The Mayor declared the lll>tion carried. * * * * * BY AIJlH)Rl'IY ORDINANCE NO. 13, SERIES OF 1972 AN ORDINANCE REPEALil«i SECT!~ 3, CllAPl'ER 2, TITLE V, OF 'lHE '69 E .M.C. , ENI'ITLED "PAY PLAN" BY RELIEVn«; 1HE IllARD OF CAREER SERVICE CXH«SSI<JmR.5 FBJM 'IHE RF4JIREMNI' OF AN ~AL RE- CXMEm!\TI~ OF A PAY PLAN. (Copied in full in the official Ordinance Book) • ~ BlUfi MJVED, CXXJNCTllfAN BIESS:rt«; SECllIDED, 'IHAT ORDINANCE NO. 13, SERIF.s OF 1972, BE PASSED CE FINAL RF.ADI?«; AND PUBLISHED BY TITIE IN 1HE ~ HERAlD SENI'INEL. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: r.ouncil Menbers Schwab, Lay, Herming, Ihority, Brown, Blessing, Senti. None. None. The Mayor declared the lll>tion carried. * * * * * BY AIJlH)RI'IY ORDINANCE ?«>. 14, SERIE.5 OF 1972 AN ORDINANQ: VACATICE 1HE F.ASfMNl' IN 1HE t«>RlH 16 FEET OF IDr 11, OXFORD HEIGHI'S, SEcmD FILIR;, ARAPAR>E CXllnY, CDl.DRAOO. (Copied in full in the official Ordinance Book) • CD.tiCIUDtAN ~ MJVED, CllfiCTllfAN ~ SECDIDED, '!HAT ORDINANCE NO. 14, SERIES OF 1972, BE PASSED~ FINAL READIR; AND PUBUSHED BY TITLE IN 'lHE mGLElU)D HERAID SENI'INEL. Upcn a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: c.ouncil Menbers Schwab, Lay, Heming, Ihority, Brown, Blessing, Senti. None. None. The Mayor declared the lll>ticn carried. * * * * * BY AIJIH)Rl'l'Y ORDINANCl: ?«>. 15, SERIES OF 1972 AN ORDINANCE V.AC.ATIR; 'lHE FA5EMNI' IN 'lHE t«>Rlll 16 FEET OF IDT U, OXFORD HEIGHI'S, SECDID FILit«;, ARAPAll>E CXlJN'lY, CDl.DRAOO. (Copied in full in the official Ordinance Book). CD.6Cl~ ~ M>VED, CXXJNCTllfAN BlUfi SECDIDED, '!HAT ORDINANCE NO. 15, SERIES OF 1972, BE PASSED CE FINAL RF.ADI?«; AND PUBLISHED BY TITIE IN 1HE ~ HERAID SENI'INEL. Upcn the call of the roll, the vote resulted as follows: 389 390 Ayes: Nays: Absent: -4- c.ouncil Meubers Schwab, Lay, Henning, Dhority, Brown, Blessing, Senti. None. None. The Mayor declared the IIDtion carried. * * * * * lNilOlJCE) AS A BIIL BY ~Cll.M\N BTESSOO .AND READ IN RJIL, A BIIL FOR AN ORDINANCE REPEALOC TITLE XI, CllAPl'ER 8, SECI'IOO 4, an'l'IUD ''MIR>~ IN GAHBLOO OR DRINICil«; WUSES'', AND ~ 'lHE SAME WI'DI ~; cmFORMIR; SAID SECrIOO WI'DI 'lHE PR>VISIOOS cmrAINED IN CHAP'mR 7 5, AKI'ICI.ES 1 AND 2 C. R.S. '63 AS AMENDED, (FElHNIED W\LT BEVERAm.S) , AS \IEIL AS CHAPTER 80, ARl'IClE 6 , C. R .S. '63 , AS AlftIDED, (001.D LAD LAW) • City Attorney Berardini stated the Police Cltief had pointed out to the acb:inistration that City ordinances prohibited persons 18 years of age fran either working in establishments serving 3.2. beer or drinking 3.2. beer, 'While the State Liquor Cod.e permits both. The proposed ordinance, he stated, would make the City regul.aticns caiform to the State Liquor Code 'Which, in any event, preenpts our regulations evm though we cire a heme rule city. Councilnml Brown asked if anyc:ne 18 years old could sell beer to another 18-year old student. City Attorney said he foom nothing which could prohibit this. CXlfiCil.MAN BT ESSOO MJVED, CXlfiCillDl!\N HERm«; SE<llIDED, '!HAT 'DIE BIU. FOR AN OR- DINANCE BE PASSED 00 FI~ READOO .AND PUBLI91ED IN RJl.L IN 'DIE flG.flmD HERAID smTINEL. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Schwab, Lay, Henning, Dhority, Brown, Blessing, Smti. Nooe. Nale. The Mayor declared the m:>tion carried. lNilOlJCE) AS A BIIL BY Cll.6Cl~ ~ AND READ IN RJIL, A BIIL FOR AN ORDINANCE REPEALOC ARI'ICI.ES I AND II, TITLE XI, CllAPlER 11 OF 'lHE '69 E.M.C., ''ANIM\LS AND FQL'', All> ~ 'lHE SAt-E WI'DI At-tNIHNl'S. r.ouncilnml Lay stated that he was not satisfied with the definition of ''Hobby Breeder'' in the proposed ordinance 'Which would regulate animals and fowl within the City. He also felt that the ordinance would be m:>st difficult to enforce. The City of Denver, he noted, had an animal control ordinance which contained several itemi which the City might be will advised to incorporate in its ordinance and he stated he would like to see all of these chmges incorporated before the ordinance is considered on final reading. Councilnml Set.lab also felt that the ordinance would be hard to enforce. r.ouncilmen Brown stated that the coomi.ttee appointed by the Council had studied animal r•dati.oos for over six m:nths and that the Council had considerable time to study the proposed ordinance. He felt the Council should put those people out of business who are indiscriminately breeding dogs and that only serious breeders should be allowed. Councilwanan Henning Councilmen Lay what provisi.oos of the Denver ordinance should be incorporated in the one tmder consideration. Mr. Lay said that, for exanple, the Denver ordinance did not allow dog owners to permit dog wastes to be left in public places. r.ouncl.lwanan Henning said that Council could pass the ordinance m first reading, and then, it necessary, anend it before final passage. Councilnml Sclwab said that if the Council were really serious about the "Hobby Breeders" licensing provision, he would thm be in favor of raising the cost of the license fr<JD $25 .00 to $100 .00. CXlfiClllfAN SCllWAB MJVED, CXXJNCIIMAN IH>Rl'IY SE<llIDED, '!HAT SECITOO 11-11-7, ''R>BBY BREEIER'S U~ APPUC.ATIW -FEES" AND SECI'I~ 11-11-8: ''U~SE ISSUANCE" -~." BE NODED BY INQU'A5I.t«; 'lllE U~SE APPUOO'IW FEE AND 'lHE RFNEWAL FEE FlD1 TWENI'Y-FIVE OOILARS ($25.00) roam HllIDRED OOILARS ($100.00). Mayor Senti recognized Mr. Eddie Tanguna, 1020 West Tufts, a IDeld>er of the Animal Cootrol Advisory Comn:i.ttee. Mr. Tanguna stated that he had been informed by a m.mi>er of hobby breeders that they would not be opposed to a fee of $100. It meant enough to them, he said, to be allowed to raise mre than three dogs that they would be willing to pay the price. I I I I II I I I -5- Upcn the call of the roll on the mtion, the vote resulted as follows: Ayes: Nays: Absent: Cm.mcil Meui>ers Schwab, Dhority, Blessing, Senti. Council Msli>ers Lay, Henning, Brown. Nooe. The Mayor declared the mtim carried. ~ ~ MJVEC, ~CIIJ11\N BT.ESSIR; SECDIDED, '1HAT 'DIE Bill.. FOR AN ORDINANCE AS NBIDED, BE PASSED 00 FIRS!' RF.ADD«; AND PUBU91ED IN FULL IN 'DIE BG.E.YD:>D HERAU> smrINEL. Upm the call of the roll, the votes resulted as follows: Ayes: Council Menbers Schwab, Henning, Dhority, Brown, Blessing, Senti. Nays: c.ouncil Meni>er Lay. Absent: None. The Mayor declared the mtim carried. * * * * * RESOWITOO 00. 22, SERIFS OF 1972 RF.s>WITOO ~ 1HE LAND ~SITIOO POLICT IN OORIHWF.Sr E?G»D>D FOR A GREmBELT-PARK (\ESr HARVARD GULCH) IN OORIHWFSI' mGIDIX>D, CDLORAOO, AND FOR AIL C1lHER LAND ~SITIOOS PURSlWn' 'ID 1HE OPm SPACl: LAND PIU;RAM OF 'DIE llXJSIR; AND URBAN DEVEID8'1ENT ACT OF 1965. (C.Opied in full in the official Resolutim Book). The City Attorney stated that the proposed resoluticn outlining the City's land acquisiticn policy was required by the Federal govenm:nt in order for us to receive a Depart- ment of Housing and Urban Developnent grant for the Greenbelt project in Northwest Englewood. CllfiCII..MAN IH>RITY K>VED, CllfiCII..MAN BI FSSOO SECXJIDID, '1HAT RE&>wrIOO l«>. 22, SERIES OF 1972, BE APPK>VED AND AOOPI'ED. Upcn the call of the roll, the vote resulted as follows: Ayes: c.ouncil Msli>ers Schwab, Lay, Henning, Dhority, Brown, Blessing, Senti. Nays: Ncne. Absent: Nme. The Mayor declared the mtim carried. * * * * * Mr. Berardini stated that last 1'bnday night he had argued the Service Oil case before the Colorado Supreme Court and that within the next 60-90 days a decisicn from dlat body would be forthcani.ng. He was hopeful that the City would prevail in the case which would have the effect of overturning the 1959 Denver Buick case. * * * * * City Manager Dial discussed a neoorandun from Mr. Cllarles B. Carroll, Director of Utilities, which referred to the acquisiticn of the Joe R. Clapp property near the Englewood sewage treatment plant. He indicated that Mr. Carroll had come to an inpasse in negotiaticns with Mr. Clapp and that it appeared if the City were to acquire the property, it would have to do so thrwgh eminent domain proceedings. CllfiCI.ll1AN LAY MJVED, CllfiCIU1AN SCllWAB SECXIIDID, '1HAT 'DIE CITY ATI'ORIBY BE AUlll)R- IZED 'ID PR>a:ED Wini 'DIE <DIDFMOO'IOO PK>Q:EDIR;S ~RED 'ID ~RE 'DIE JOE R. CU\PP PR>PERI'Y NF.AR 'DIE saw;E TREA'.lHNI' PLANl'. City Attorney Berardini said that he 'WOul.d like the Dl>tim to be withdrawn as it would be necessary for him to prepare a resoluticn for Couocil's coosideraticn. Council.mm Lay withdrew his Dl>tion and Councilman Sclwab withdrew his secood. * * * * * City Manager Dial noted that at the last Council meeting there was sane question as to whether or not the alley east of 4000 South Kalamath Street should be changed to "cne-way". The City Manager noted that the alley appears to be very safe and recoomended no change in terDB of its status. * * * * * 391 392 -6- Mr. Dial referred to a neoorandun fran Mr. L. Scott Tucker of the Urban Drainage and Flood Control District which transmitted a contract developed for the Little Dry Creek engineering study to be performed by the firm of McCall-Ellingsai, consulting engineers. Mr. Dial noted that the contract would include Arapahoe Co\mty and Greenwood Village as well as the Urban Drainage and Flood Control District and the City of Englewood. 'lhe purpose of the study is to develop a ~thod of dealing with Little Dry Creek in the event of flooding. The cost to the City would be $2,600. Mr. Dial recoomended authorizatiai fran the Council to proceed with the study. Coucil~ Henning irquired how the fee was established. City Manager Dial stated that to his knowledge it was based solely at the length of the ditch to be studies within the particular entity. CDWCIU1AN IH>RITY MJVED, ax.JNCIU1AN SCliWAB SECDIDED, 'lHAT 'l1IE CITY BE AIJlll)RlZED TO JOIN 'l1IE PLAN 'ID CXMlJCT AN fX;I.NEERili; STUDY OF UTI'I.E DRY ~. c.amci.lman Lay irquired if there were provisiai for any collective decision making as the study progresses. City Manager Dial stated that the Urban Drainage District would have that respoosibility although the parties to the contract would certainly have an influential role to play in determining the direction of the study. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Council Menbers Schwab, Lay, Henning, Dhority, Brown, Blessing, Senti. Nate. Absent: None. The Mayor declared the IOOtion carried. * * * * * City Manager Dial presented a proposed letter of urderstanding between representa- tives of the Englewood Police Benefit Association and the City dated April 6, 1972, and re- cooneaded approval to sign the agreellelt. He noted that the Association had agreed to the proposal. He recalled that the last agreement with the Association conmitted the City to re- negotiate if the average salaries paid by the Cities of Aurora, Denver, Littleton, and the Lakewood Fire District ever became eight percent above that being paid by the City of Englewood. Mr. Dial indicated the City would be about $30 .00 short of the average salary paid by the highest paying three jurisdictions within the ~tropolitan area even if the proposed letter of urderstanding were approved. He noted that in negotiating with the Association the City considered all benefits and not just pay as being part of the total coopensation package. He also noted that the City has far better fringe benefits than surrounding ccmrunities. The estimated cost of inplement- ing this would be $14,000. In 1973 this agreEDBlt would coumit the City to match the average of the highest three salary schedules paid in the ~tropolitan area but that, again, total conpensation, i.e., fringe benefits and salary, would be considered in the same package. 'lhe inmediate increase in the Police Department proposal would, of course, be subject to the President's wage guidelines and that, if required to do so, the City would naturally recind any increases stemni.Il2 fran this letter of understanding. ~CIU1AN LAY MJVED, <XlJNCII.MAN BIFSSOO SECXIIDED, 'lHAT nm CITY MANAGER BE AI.ml)R- IZED 'ID SI~ 'DIE LEITER OF llIDERSI'ANDOO DATED APRIL 6, 1972, WI'IH REPRFSENI'ATIVES OF nm mGUKX)[) POLIQ: BENEFIT ~00. Upm the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: c.ouncil Menbers Schwab, Lay, Henning, Dhority, Brown, Blessing, Senti. None. Nate. The Mayor declared the IOOtion carried. * * * * * City Manager Dial referred to an article in the Englewood Herald which had stated that accidents were increasing along South Broadway. He had asked Mr. Waggoner to study the s i tuation. A IDEllk>rand.m fran Mr. Brooks Taylor, Traffic Engineer, transmitted to C:Ouncil, indicated that the rEIOOVal of left-tum pockets and permi.tting left tums from the through lane had increased the mJii>er of rear-end type accidents in this lane. Further, permissive lef t-tums fran a through lane had praooted "lane-changing" type of accidents and there had been a decrease in ''rear-end'' type of accidents in other lanes. 'lhe latter, Mr. Taylor noted, could possibly be attributed to a better progressive flow of traffic. Mr. Taylor also had written that in conjunction with the left-tum pockets being rellk>Ved, signs were installed at those locations restricting left tums during peak hours of traffic. I I I I I I I I -7- The City Manager upon recoom?ndation of the Public Works Director suggessted that the time period for prohibiting left turns off Broadway be extended frail 7:00 A.M. to 6:00 P.M. opposed to the current practice of 7:00 to 9:00 A.M. to 6:00 P.M. Counci1man Lay asked what pressure could be put on the State Highway Deparment to widen South Broadway. The City Manager indicated that this project was being seriously con- sidered by the City for i.IIplementation in the future. There being no opposition, the City Manager stated that the left tum prohibition would be extended fran 7:00 A.M. to 6:00 P.M. * * * * * City Manager Dial reminded Council of the Student Govemnett activities on April 20-21. * * * * * Mr. Dial noted that on May 11 the Workable Program Citizens r.omni.ttee will meet at the Scenic View Elementary School in keeping with the directive passed by the Council at the last meeting. * * * * * Mr. Dial noted that there were vacancies on the various City boards and conmissions and that he understood in the near future a fourth vacancy would be created by the resignation of the Reverend Barry Killi>rough from the Board of Career Service Conmissieners. * * * * * Mr. Dial told the Council that on Saturday, May 13, a tour of housing projects in the Denver area had been planned and suggested that it mi.ght be well for as many Council meobers as possible to participate. * * * * * Mr. Leroy Rosvall was recognized by the Mayor. He noted that he was disturbed that there were not m:>re people attending the Council meetings but conplimented the Council on the fine ~rk they were doing for the City, especially in regard to lowering taxes. * * * * * CllfiCIU1AN ~ MMD, OOWCllKH\N HENmK; SECXIIDED, 'IHAT 1llE PLARmD DEVELOff1ENI Drsnucr ORDINANra BE RAISED Fl01 nm TABLE. Upcn the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Menbers Henning, Brown, Blessing, Senti. Council Menbers Schwab, Lay, Dhorlty. None. The Mayor declared the 100tion carried. Qxmci.1man Brown asked the City Attorney if the ordinance should: (1) (2) (3) (4) Have a review fee? Name the adjoining political subdivisions to the City? Refer to the Sign Code? Mentien the different City departmmts which "'10Ul.d pass en any Planned Developnent District proposal? City Attorney Berardini replied in the negative to the four questions although he noted that it would be helpful for the City to adopt a Uniform Sign Code. Cooncilman Brown referred to page 4(c} of the proposed ordinance and inquired that if a public hearing were held, could the Council override the Pl.amrlng and Zoning Comn:i.ssion. City Attorney answered in the affirrm.tive. Council.mm Brown stated that each POO proposal should come before the Council for review and that the Pl.amrlng and Zoning Comn:i.ssion should not have final authority en any POD proposal because it was not a body elected by the citizens. The City Attorney noted that by adoptien of this ordinance the Council was not dele- gating the power to legislate to the Pl.amrlng and Zoning Conmission, but merely the power to acbinis ter. COlmcilwooml Henning asked Council.mm Brown if he ~d approve the ordinance if all POO proposals were brought before Council, understanding that another public hearing would not necessarily be required since a hearing would previously have been held before the Flaming and Zoning Ccmnissien. Councilman Brown stated he would. Councilman Schwab took exceptien to the latitude the Council "'10Ul.d have as to whether or not to hold a public hearing. 393 394 He stated the Council would have as to whether or not to hold a public hearing. He stated we should either require a public hearing for all proposals or for nale. Councilwanan Herming expressed the opinion that there would be no need for a hearing if there -were no oppositicns to the Plamed Developnent District proposal. City Manager Dial said that if he had understood the intent of the Council's discussion, Section 22.4A-5(c) '1«1Uld be revised in the proposed ordinance to read as follows: (c) Within sixty (60) days fran the date of the Public Hearing, the City Planning and Zoning Conm:i.ssion shall make written findings recomnend- ing that the City r.ouncil that the proposed plan be either approved, conditionally approved, or disapproved. A copy of said findings shall be furnished to the applicant. 'llle City Council may require Public Hearing prior to the final approval or disapproveal of the proposed Planned Developnent. Within thirty (3) days following receipt of the Planning Conmission recomnendation, if no hearing is held, the City r.ouncil shall make findings either approving, con- ditionally or disapproving the proposed plan. A copy of said find- shall be furnished to the applicant. By general agreement this was consiered to be the intent of the Council. INIK>llJCED AS A BIU. BY CX1fiCIU01AN ~ AND READ IN FUIL, A BIU. FOR AN ORDDWU: NOD~ 'lHE aH>RElfmSIVE zam«; ORDINANCE (ORDINANa: NO. 26, SERIES OF 1963) BY Ail>nt:; ntEREro A NFlJ SUBalAPIER, 22 .4A, mTITLED ''PLAtm:D DEVEIDIMENI' (P. D.) DISl'RICT," Al1Dl>RIZ~ SAID DISl'RICT ro BE SUPER-rwa>ED ~ OR CD1BINED wrm Nri OlllER zamo DISl'RICT Wl'IHIN 1HE Cl'IY; ~RIK; 1HE APPUCAT!Cfi, REVIEW AND APPR>VAL 'DIERIDF; AND PR>VIDING ~ AROO 'DIEREFORE. Cll.fiCIU01AN ~ KNED, Cll.fiCIU1AN ~ SECDIDFJ>, 'IHAT 'lHE BIU. FOR AN ORDINANCE BE PA.5SED Cfi FI~ READING AND PUBU91ED IN FUlL IN 'lHE aG..E\a)D HERAID S'fNI'INEL. Up<n the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Meni>ers Henning, Ihority, Brown, Blessing, Senti. Council Menbers Schwab, Lay. None. 'llle Mayor declared the mtion carried. * * * * * Councilwanan Henning left C.Ouncil Cllani>ers at 10: 15 P.M. Cll.6~ SCliWAB KJVED, Cll.6<..~ BlUti SECXlIDED, 'DIAT 'DIE BIIL FOR AN ORDINANCE BEPF.ALilli AND ~ SECl'ICfi 7, ClfAP'lER 7, TITLE XI, '69 E.M.C., mTITLED OFFENSES RE- LATIR:; 'ID K>RAl..S BY IEFINn«; AND PlOllBrrn«; 1HE PIOCrICfi OF O~'IY, PR>M7l'ING 'lHE SAME 'ID Mll«>RS AND PlUIIBITU«; 'lHE PUBUC DISPLAY OF OBCENE MATERIAL, WI'IH 'lHE CITY OF ENGLE\elX)D, CX>IDRAOO, BE INIK>llJCED. No roll was takm on this 100tion. ~ BIFSS:u«; M)VED, <XmCII.MAN l.AY SECXIIDED, 'lHAT 'DiE BIIL JUsr INOOOOCED BE TABUD. Upon the call of the roll, the vote resulted as follows: Ayes: Nays: Absent: c.ouncil Meni>ers Lay, lhority, Blessing, Senti. Council Menbers Schwab, Brown. Council Herber Henning. The Mayor declared the mtion carried. c.ouncil.wanan Heming reentered Council Chanbers at 10:28 P.M. and took her seat with Council. * * * * * Co\mcil.man Brown asked if the City Manager could provide him with figures of who parks in the Library spaces oorth of City Hall. City Manager said that he would. * * * * * Council.mm Scb.iab said he felt the Council's action to table the ordinance relating to pornography was not justified in light of the fact that Co\DlCil had asked the City Attorney to draft the ordinance in the first place. Councilman Brown echoed his conments. * * * * * Council.mm Scb.iab stated that he felt it was not the place of the Workable Program Citizens Coomi.ttee to initiate petiticns to create an urban renewal and a housing authority. I I I I I I I I -9- Councilwanan Henning pointed out that there was a requirement of the Department of Housing and Urban Developnent to petition the City Council for the creation of such authorities before they could be created. There was discussion as to what the function of the Workable Program Citizens Camri ttee was ; in other -words, had the Council intended the charge of the Comni ttee to be. City Manager Dial suggested that perhaps the Conmi.ttee nay have an idea of what their role should be in light of the considerable study they had perforrood in the past several IIDlths. It was decided that the Council should hold an infortn:ll session on May 8. * * * * * Cllfi~ SCliWAB M>VED, CXXJNC!UfAN BLESSill,; SE<llIDFD, 'IHAT THE MEfil'Ill,; BE AllJWRE>. Upcn the call of the roll, the vote resulted as follows: Ayes : c.ouncil Meni:>ers Schwab, Lay, Henning, Dhority, Brown, Blessing. Nays: None. Absent: None. The Mayor declared the notion carried, and the meeting adjourned at 10:40 P.M. /S/ W. L. McDivitt Ex Officio Clerk of the Council .. 395