HomeMy WebLinkAbout1972-04-17 (Regular) Meeting MinutesI
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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
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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.
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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:
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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.
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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.
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391
392
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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.
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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.
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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.
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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
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