Loading...
HomeMy WebLinkAbout1968-10-07 (Regular) Meeting Minutes272 REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO OCTOBER 7, 1968 The City Council of the City of Englewood, Arapahoe county, Colorado, met in regular session on October 7, 1968, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by the Reverend Barry Kimbrough of the Englewood Methodist Church. Pledge of Allegiance was led by Boy Scout Troop No. 92. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Absent : None. The Mayor declared a quorum present. Also present were: City Manager Dial, Assistant City Manager Mack, City Attorney Criswell, City Clerk Lyon. * * * * * * Mayor Schwab called for Mr. Virgil T. Wells to step forward to be installed as City Councilman for District No. 2 of the City of Englewood. Councilman Parkinson rose to a point of order. Mr. Parkinson protested the installation of Mr. Virgil T. Wells on the basis that: a. No motion had been made appointing Mr. Wells to the vacant City Council position. b. The procedures in the holding of the election at which Mr. Wells was claimed to be elected as outlined by the Mayor were not followed. c. The Mayor later upheld motions calling for election on other candidates for the City Council after a vote had been taken upon Mr. Wells. d. Five other candidates for the City Council received the same number of votes as Mr. Wells. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE QUESTION OF INSTALLATION OF MR. WELLS TO THE VACANT CITY COUNCIL POSITION IN DISTRICT NO. 2 BE RATIFIED BY THE CITY COUNCIL. Mayor Schwab discussed the legal ramifications of the installation of Mr. Wells. Upon question, City Attorney Criswell stated that he had not revised his opinion of September 27, 1968, in that he still held that a majority of four votes would be necessary to appoint an individual to the City Council vacancy. He stated, however, that he did not feel that a motion would be necessary for the consideration of each candidate. Councilman Dhority called Council's attention to the fact that all members of City Council had been named in a suit filed by Mr. Harry 'Fleenor against City Council for its failure to appoint an individual to fill the vacancy in Council District No. 2. Councilman Parkinson rose to a point of order. Mr. Parkinson stated that the Mayor could not vote on the motion under consideration as said vote would be asking the Mayor to affirm or deny his own action. The chair ruled that the Mayor is entitled to vote. I I I I I I I I Minutes of the October 7, 1968, regular meeting. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lay, Dhority, Schwab. Nays: Councilmen Parkinson, Lone, Kreiling. Absent: None. The Mayor declared the motion failed. City Attorney Criswell stated that in his opinion the vote taken on ratification of the Mayor's action does not effect Mr. Wells' title to the office of City Council. Mr. Criswell stated that the basic question lies within whether Mr. Wells was appointed to the City Council on September 27, 1968. Councilman Lone inquired of the City Attorney what effect the installation and seating of Mr. Wells on the Englewood City Council would have on legislation enacted if Mr. Wells' title to the office is challenged. City Attorney Criswell stated that if Mr. Wells' appoint- ment is ruled valid by a court, there would be no effect upon legislation previously approved during Mr. Wells' term in office. If Mr. Wells' appointment should be found invalid and Mr. Wells ruled as a de facto office holder, there would be no effect upon legislation. However, if Mr. Wells should be ruled an intruder to the position, the le~islation would be ruled invalid. Mr. Criswell stated that in his opinion if the selection of Mr. Wells is found to be improper, the court would in all probability rule Mr. Wells as a de facto office holder. Mr. Virgil T. Wells stepped forward and was sworn in as City Councilman by the City Clerk. Mr. Wells took his seat with the Englewood City Council. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE MINUTES OF THE REGULAR MEETING SEPTEMBER 16, 1968, AND OF THE SPECIAL MEETINGS OF SEPTEMBER 23, 27, AND 30, 1968, BE APPROVED AS SUBMITTED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Dhority, Schwab. Nays: councilman Kreiling. Absent: None. The Mayor declared the motion carried. * * * * * * Mayor Schwab recognized Mr. and Mrs. Richard E. Weller from the list of "Special Citizen Program Invitees". * * * * * * Mr. Sidney White, 4760 South Jason, appeared before City Council on behalf of the South Suburban Conununity Arts Symphony requesting financial assistance by the City of Englewood in the amount of $500 for 1968 and $1,500 for 1969. Mr. White intro- duced Mr. Howard M. Kirshbaum, general manager of the community Arts Symphony. Mr. Kirshbaum reviewed the history of the South Suburban Community Arts Symphon~. Mr. T. Gordon Parks, South Turkey Creek Canyon, conductor and founder of the Symphony appeared before City Council. Mr. Parks discussed the operation of the Symphony and future plans for its developnent. Mr. Chet Maddox, 2830 South Bannock, also appeared on behalf of the Symphony. 273 274 Minutes of the October 7, 1968, regular meeting. Councilman Dhority stated that in his opinion it would be most appropriate of the Englewood City Council to assist the South Suburban Conanunity Arts Symphony as requested. City Manager Dial was directed to check the City of Englewood's budget to determine if sufficient funds could be made available to assist the Symphony as requested. It was the consensus of Council that consideration of the Symphony's request be deferred until completion of the study by the City Manager. * * * * * * Director of Finance, Stephen A. Lyon, appeared before City Council and presented the application for a transfer of the liquor license of the Magnificent Matador, 4155 South Broadway, to Mrs. Shirley Finegold. Mr. Lyon reported that Mrs. Finegold is the owner of the premises and is taking possession of said premises due to the default of the present liquor license holder, the lessee Mr. Martines. Mr. Lyon indicated that it is the decision of Mrs. Finegold that the liquor license be transferred to her. The City has received neither the concurrence nor the objection of the present licensee, Mr. Martines. Mr. Lyon stated that the FBI and police reports on Mrs. Fineqold had been started on October 1, 1968. Mr. Harvey Neufeld, 1045 Fir~t National Bank Building, appeared on behalf of Mrs. Finegold. Mr. Neufeld reviewed the facts of the default of Mr. Martines and requested that City Council approve the transfer of Mr. Martines' license to Mrs. Finegold. City Attorney Criswell suggested that City Council table the consideration of the request until the next City Council meeting and directed the City Clerk to notify Mr. Martines of the fact that City Council would consider Mrs. Finegold's request at the October 21, 1968, meeting. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE REQUEST FOR TRANSFER OF THE MAGNIFICENT MATADOR LIQUOR LICENSE TO MRS. FINEGOLD BE TABLED FOR FURTHER CONSIDERATION AT THE OCTOBER 21, 1968, COUNCIL MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Upon request for clarification by the City Attorney, it was noted that it was the consensus of City Council that Mr. Martines be notified of the October 21, 1968, hearing on the application of transfer of the liquor license. * * * * * * COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE PUBLIC HEARING ON THE ANNEXA~ION OF BLOCKS ONE AND TWO, KENT VILLAGE, ARAPAHOE COUNTY, COLORADO, BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and opened the public hearing at 8:41 P.M. (Note: A stenographic record of the public hearing was taken by Mr. Fred Trachte, 2238 Elm, and will be retained by Mr. Trachte until a transcription is required by the City.) I I I I I I I I Minutes of the October 7, 1968, regular meeting. (Note: Previously received by the City Clerk on behalf of the City Council were a petition for annexation dated August 7, 1968, with three plats of the area to be annexed and an amend- ment to the petition for annexation dated September 22, 1968, and received October 3, 1968.) Mr. Randall Myers, attorney for Mr. Vincent Reiger, appeared before City Council on behalf of the petition for annexa- tion. Mr. Vincent A. Reiger appeared before City Council on behalf of the petition for annexation. (Note: No one appeared in opposition to the petition for annexation.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and closed the public hearing at 8:55 P.M. COUNCILMAN LONE MOVED, COUNCILMAN LAY SECONDED, THAT THE CONSIDERATION OF THE PETITION FOR ANNEXATION OF KENT VILLAGE, BLOCKS ONE AND TWO, BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Lone, Lay, Kreiling, Dhority, Schwab. Nays: Councilman Parkinson. Absent: None. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Parkinson and read in full, A BILL FOR AN ORDINANCE AMENDING SECTION 6.4 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO ESTABLISH INCREASED SALARIES FOR THE CLASSIFIED MEMBERS OF THE POLICE DEPARTMENT BY THE RE-CLASSIFICATION OF SAID EMPLOYEES WITHIN THE EXISTING SALARY AND WAGE SCHEDULE AND CREATING A SYSTEM FOR THE RANKING OF PATROLMEN ACCORDING TO PERIODS OF SERVICE, PURSUANT TO THE PROVISIONS OF SECTIONS 45 AND 46 OF ARTICLE VI OF THE CHARTER OF THE CITY OF ENGLEWOOD. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD. HERALD AND ENTERPRISE. City Manager Dial discussed the financial implications of the increases called for in the above bill for arr ordinance. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * The minutes of the Board of Career Service Conunissioners' meeting of September 19, 1968, were received for the record. A memorandum from the Board of Career Service Conunissioners reconunending upgrading of certain positions was received for the record. * * * * * * Minutes of the October 7, 1968, regular meeting. The minutes of the Public Library Board meeting of September 10, 1968, were received for the record. * * * * * * The minutes of the Planning and Zoning Commission meeting of September 4, 1968, were received for the record. * * * * * * The minutes of the Election Commission meetings of September 20, 1968, and September 27, 1968, were received for the record. * * * * * * The minutes of the Water and Sewer Board meeting of September 17, 1968, with five memoranda attached were received for the record. The subject of the first memorandum, a recommendation that water meters be required for properties having non-permanent pools of over 2,000 gallons capacity, was discussed by City Council. After discussion it was the consensus of City Council that the City Attorney prepare a bill for an ordinance accomplishing the reconunendation. The second memorandum, a recommendation that a first amendment to Supplement No. 2 of the Contract and Agreement between the Valley Sanitation District and the City of Englewood be approved, was discussed by City Council •. Acting Utilities Director, Mr. J. Robert Mack, appeared before City Council and explained that this request did not allow any additional sewer taps above the maxi- mum of 800 assigned to the Columbine Water and Sanitation District through the Valley Sanitation District contract with the City of Englewood. Mr. Mack stated that this request was rather for the re-location of the geographical area to be served by 47 of these taps. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE RECOMMENDATION OF THE WATER AND SEWER BOARD THAT A FIRST AMEND- MENT TO SUPPLEMENT NO. 2 OF THE CONTRACT AGREEMENT WITH THE VALLEY SANITATION DISTRICT BE APPROVED, SAID AMENDMENT ALLOWING THAT 47 SEWER TAPS WITHIN THE COLUMBINE WATER AND SANITATION DISTRICT BE RE-LOCATED, AND FURTHER THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE NECESSARY DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. The subject of the last three memoranda from the Water Sewer Board recommending Supplements No. 16, 17, and 18 to the agreement with Southgate Sanitation District were discussed by City Council. Mr. Mack appeared before City Council and outlined the areas to be included through Supplements No. 16, 17, and 18. and COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE SUPPLEMENTS NO. 16, 17, AND 18 OF THE AGREEMENT WITH THE SOUTHGATE SANITATION DISTRICT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of October 7, 1968, regular meeting. A memorandum from the Planning and Zoning Commission recommending a rezoning from R-2-A to R-3-B of Speers Broadway Addition, Lot 14, Block 23 was received for the record. A memorandum from the Planning and Zoning Commission recommending a rezoning from R-2-A and R-2-B to R-3-B of Speer Broadway Addition, Lot 15, Block 23 was received for the record. City Attorney Criswell stated that he would have ordi- nances prepared for the next City Council meeting which would establish the public hearing upon the rezoning requests. * * * * * * The minutes of the Parks and Recreation Commission meeting of September 25, 1968, were received for the record. * * * * * * A letter from the State Highway Department regarding hearings on the 1969-1970 highway projects was received for the record. * * * * * * The minutes of the Board of Adjustment and Appeals meeting of September 11, 1968, were received for the record. * * * * * * BY AUTHORITY ORDINANCE NO. 33, SERIES OF 1968 AN ORDINANCE AMENDING CHAPTER 12 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO, BY THE ADDITION THERETO OF 612.20 THROUGH, AND INCLUDING 112.28, PROHIBITING THE SALE OF "DANGEROUS FIREWORKS", AS DEFINED THEREIN: REGULATING AND LICENSING THE SALE OF "SAFE AND SANE FIREWORKS", AS DEFINED THEREIN: REGULATING AND LICENSING PUBLIC OR PRIVATE DISPLAYS OF FIREWORKS: AND PROVIDING FOR PENALTIES FOR ITS VIOLATIONS. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 33, SERIES OF 1968 BE PASSED ON FINAL READING AND PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Councilman Dhority and read in full, A BILL FOR AN ORDINANCE GRANTING TO THE CITY AND COUNTY OF DENVER, STATE OF COLORADO, A MUNICIPAL CORPORATION, ACTING BY, THROUGH AND FOR THE USE OF ITS BOARD OF WATER COMMISSIONERS, A PERMIT TO CON- STRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO, A MUNICIPAL CORPORATION, AND DECLARING AN EMERGENCY. * * * * * * City Attorney Criswell reported on court actions being taken to cause the cleanup of six properties in the northeast Englewood area. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE CONSIDERATION OF THE ANNEXATION PETITION OF BLOCKS ONE AND TWO, KENT VILLAGE BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: 277 278 Minutes of the October 7, 1968, regular meeting. Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. RESOLUTION NO. 42, SERIES OF 1968 A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS, PURSUANT TO THE PROVISIONS OF CHAPTER 139, ARTICLE 21, COLORADO REVISED STATUTES, 1968, AS AMENDED, COMMONLY KNOWN AS "THE MUNICIPAL ANNEXATION ACT OF 1965." (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 42, SERIES OF 1968, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Lone and read in full, A BILL FOR AN ORDINANCE APPROVING THE ANNEXATION OF BLOCK 1 AND BLOCK 2, KENT VILLAGE, SECOND FILING, ARAPAHOE COUNTY, STATE OF COLORADO, TO THE CITY OF ENGLEWOOD. COUNCILMAN LONE MOVED, COUNCILMAN KREILING SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY ORDINANCE GRANTING A PERMIT TO THE CITY AND COUNTY OF DENVER BE PASSED ON FIRST READING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Schwab. * * * * * * Mayor Schwab called for a recess at 10:15 P.M. Council reconvened at 10:27 P.M. Upon the call of the roll, the following were present: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Absent: None. The Mayor declared a quorum present. * * * * * * I I I I 278 Minutes of the October 7, 1968, regular meeting. Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. RESOLUTION NO. 42, SERIES OF 1968 A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS, PURSUANT TO THE PROVISIONS OF CHAPTER 139, ARTICLE 21, COLORADO REVISED STATUTES, 1968, AS AMENDED, COMMONLY KNOWN AS "THE MUNICIPAL ANNEXATION ACT OF 1965." (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 42, SERIES OF 1968, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Introduced as a Bill by Councilman Lone and read in full, A BILL FOR AN ORDINANCE APPROVING TH~ ANNEXATION OF BLOCK 1 AND BLOCK 2, KENT VILLAGE, SECOND FILING, ARAPAHOE COUNTY, STATE OF COLORADO, TO THE CITY OF ENGLEWOOD. COUNCILMAN LONE MOVED 1 COUNCILMAN KREILING SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE BE PASSED ON FIRST READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY ORDINANCE GRANTING A PERMIT TO THE CITY AND COUNTY OF DENVER BE PASSED ON FIRST READING. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. Schwab. * * * * * * Mayor Schwab called for a recess at 10:15 P.M. council reconvened at 10:27 P.M. Upon the call of the roll, the following were present: councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Absent: None. The Mayor declared a quorum present. * * * * * * I I I I I I I I ·' Minutes of the October 7, 1968, regular meeting. City Manager Dial discussed with members of City Council a list of possible blocks to be included in Paving District No. 18. Mr. Dial indicated that it was his desire through this discussion to obtain a sufficient nwnber of blocks to begin field work of the Paving District. * * * * * * City Manager Dial reported that he had received a request for usage of the City's sidewalks in the 3300 and 3400 blocks on Sout~ Broadway on October 11 to 13, 1968, for sale of goods by non-profit organizations in connection with the County Fair Days sales promotion of the downtown Englewood merchants. Mr. Dial sta.ted that it had also been requested that the sidewalks be used by local merchants if there was not a sufficient number of non- profit associations to fill out the sidewalk areas. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE USAGE OF THE CITY SIDEWALKS IN THE 3300 AND 3400 BLOCKS OF SOUTH BROADWAY BY NON-PROFIT ORGANIZATIONS OR MERCHANTS FOR SALE OF GOODS ON OCTOBER 11 TO 13, 1968, BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Well•, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial requested approval for his attendance at the In~ernational City Managers' Association Conference in Detroit, Michigan, October 18, 1968 to October 24, 1968. Mr. Dial stated that the probable cost of the trip would be $400. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE ATTENDANCE BY THE CITY MANAGER TO THE INTERNATIONAL CITY MANAGERS' ASSOCIATION CONFERENCE BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial requested the approval of the attendance of Fire Chief Sovern at the International Fire Chief's Association Conference in Louisville, Kentucky, September 27, 1968, to October 4, 1968, and the attendance of the Director and Assistant Director of Parks and Recreation at the National Parks and Recreation Association Institute and Congress in Seattle, Washington, October 10, 1968, to October 17, 1968. Mr. Dial indicated that the expenses of these trips would not be borne by the City of Englewood. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE OUT OF STATE TRIPS OF THE FIRE CHIEF, DIRECTOR AND ASSISTANT DIRECTOR OF PARKS AND RECREATION RECOMMENDED BY CITY MANAGER DIAL BE APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 279 Minutes of the October 7, 1968, regular meeting. City Manager Dial reported on his negotiations for property owned by the Denver Auto Auction located in approximately the 1200 block of West Quincy Avenue. Mr. Dial stated that easement rights were required in order to accomplish the laying of water lines for the water pressure proqram. Mr. Dial stated that $2,200 had been offered for the easement and that the City of Englewood was presently obtaining the appraisal. Mr. Dial requested authori- zation of condemnation in the event of the City's conclusion cannot be reached with the property owners. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO ACQUIRE RIGHT OF WAY IN THE 1200 BLOCK OF WEST QUINCY AVENUE FOR THE WATER PRESSURE IMPROVE- MENT PROGRAM THROUGH EMINENT DOMAIN IF NECESSARY. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reported that bids on construction of the pumping stations of the water pressure improvement program were received October 15, 1968. Mr. Dial stated that the original engineer's estimate had been $80,000 and that the lowest of the bids received earlier in 1968 was $145,000. Mr. Dial stated that the engineer's estimate on the re-designed facilities ranges between $113,000 and $116,000 depending upon which alternate the City should choose. * * * * * * City Manager Dial stated that two attempts had been made by the City of Englewood to contact Mr. Thomas Nomina in regard to the Peanut Barrel liquor license outlet. Mr. Dial stated that as yet no response had been received. * * * * * * It was the consensus of City Council that a special City Council meeting be held on October 14, 1968, to take actions necessary towards adoption of the 1969 budget and that a special Council study session be held October 10, 1968, for further review of the 1969 budget. * * * * * * Mayor Schwab stated that the National League of Cities Conference in New Orleans, Louisiana to be held in December of 1968, would be attended by he and Councilman Parkinson. Mayor Schwab stated that the National League of Cities had requested that one of the individuals attending from the City of Englewood be authorized as the City's official voting delegate. COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT MAYOR SCHWAB BE THE CITY OF ENGLEWOOD'S OFFICIAL VOTING DELEGATE AT THE NATIONAL LEAGUE OF CITIES CONFERENCE IN NEW ORLEANS, LOUISIANA. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * ** I I I I I I I I Minutes of the October 7, 1968, regular meeting. The City Council discussed the possibility of taking a position on the initiated ordinances concerning traffic to be voted on at the November 5th Special Election. City Manager Dial stated that comparative traffic count data and other related information concerning the ramification of passage of these ordi- nances was being prepared. Councilmen Parkinson and Dhority requested that the City Attorney draft a resolution setting forth the City Council's desire to retain the one-way traffic pattern and that this resolution be placed on the call for the special meeting of October 14, 1968. * * * * * * It was the consensus of City Council that the City Manager cause a contribution to be made to 'the memorial for the late Superintendent of Schools, Mr. Bill Bishop. * * * * * * Mayor Schwab inquired as to the progress of the traffic signalization program. City Manager Dial reported that all signals are in operation and that nine are presently placed on the monitrol system. * * * * * * Mayor Schwab reported that the City of Englewood had been named in a law suit by a Mr. Reichert to quiet title on a certain piece of property within the City of Englewood. No action was taken as to whether the City Attorney should be authorized to defend the City of Englewood in the litigation. * * * * * * Councilman Parkinson requested that the City Attorney obtain a judicial determination as to whether the Council's action in the appointment of Mr. Virgil T. Wells to the vacant position of Council caused by the resignation of Councilman Fullerton was proper. City Attorney Criswell discussed the different ways in which such a determination could be obtained. The usuage of the law suit brought by Mr. Harry Fleenor against City Council for its failure to fill the vacant position as the vehicle for obtaining said judicial determination was also discussed. * * * * * * COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Wells, Parkinson, Lone, Lay, Kreiling, Dhority, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the meeting adjourned at 11:50 P.M. 281