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HomeMy WebLinkAbout1969-04-07 (Regular) Meeting Minutes392 f\ REGULAR MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO APRIL 7 I 1969 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on April 7, 1969, at 8:00 P.M. Mayor Schwab, presiding, called the meeting to order. The invocation was given by Reverend Fredrick F. Hahn of the Inunanuel Lutheran Church. Pledge of Allegiance was led by Boy Scout Troop No. 333. The Mayor asked for roll call. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, 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. * * * ' Mr. Richard L. Whittemore of Leslie E. Whittemore & Company appeared before City council and reviewed the 1968 Audit with members of City Council. * * * * * * Mr. Nate Burt, 5200 South Broadway, appeared before City Council and requested that a traffic signal be installed at the intersection of Broadway and Centennial Avenue. Mr. Burt set forth his reasons as to why higher priority should be given to this signal rather than a signal reconunended at the inter- section of U.S. 285 and Clarkson. * * * * * * Mr. Edward Cartwright, 3517 South Elati, appeared before City Council in regard to the placement of the retail sales and use tax on alcoholic beverages. Mr. Cartwright stated that he was not opposed to the placement of the two per cent tax on alcoholic beverages, but he requested that City Council remove the liquor occupational tax while placing the sales tax into effect. Mr. Cartwright stated that failure to remove the liquor occupational tax would result in a double tax to liquor establish- ments. Set forth below is a list of liquor outlet owners and/or managers who requested the removal of the liquor occupational tax if alcoholic beverage sales are made subject to the retail sales and use tax. Mr. Frank Witt Mr. Damon L. Hungate Mr. John F. Hannon Mr. Walter Hrorn Mr. Lee Corder John W's, Inc. 3467 South Broadway Hungate's 2796 South Broadway Supreme Liquors 5112 South Broadway Hilda's Cafe, Inc. 4386 South Broadway Casual Lounge 65-75 West Floyd Avenue I I I I I I I I Minutes of the April 7, 1969, regular meeting. Mr. William Lauby Thorobred Liquors 5050 South Federal Boulevard Mr. Wilard L. Ball GEM Liquors 5450 South Broadway Mr. Elton H. Ferguson M-D Drug, Inc. 2895 South Broadway Mr. Willis E. Miller Hackney House 4595 South Santa Fe Mrs. Ann Scoggins Taste of Honey 5020 South Broadway Mr. Maurice Saliman Bar Harbor 3484 South Broadway Mr. Robert L. Mcintyre Old Town Liquors 325 East Jefferson Avenue City Manager Dial reviewed the history of taxation on sales of alcoholic beverages with members of City Council. Mr. Walter Hrorn and Mr. Lee Corder reappeared before City Council and stated that it would be impossible to collect the two cent sales and use tax on by-the-drink sales without raising prices sufficient to absorb the tax. Mr. Damon Hungate reappeared before City Council in regard to the problem of collection of the additional two cents on sales by the drink. The City Council discussed the collection of the sales tax on by-the-drink sales. Mr. Bill McCord, 336 West Hampden Avenue, appeared before City Council and requested that the City enforce the use tax on deliveries of alcoholic beverages into the City of Englewood. * * * * * * Mr. Richard Banta, 3470 South Sherman, appeared before City Council on behalf of businesses located on East Hampden Avenue. Mr. Banta stated that East Hampden Avenue east from Broadway to South Logan Street is presently one way and that it is his understanding that the City intends to extend the one- way street designation for the remainder of East Hampden Avenue within the City of Englewood. Mr. Banta requested that no further extension of the one-way system be effected on East Hampden Avenue: that the City consider removing the present ohe-way designation on East Hampden Avenue: and that a compre- hensive study of the one-way street system, particularly that portion of the City east of Broadway, be made. Mr. Banta set forth his reasoning behind the request. Mr. J. R. Bullock, Bullock Mortuary, 1375 East Hampden Avenue, appeared before City Council and stated that a problem would be caused to funeral processions by extending the one- way street designation on East Hampden Avenue past his place of business. Mr. Bullock stated that he was also concerned with the problems caused by the extension of the one-way street to the access of Swedish Hospital. Mr. Bob Waddell, Percussion Specialties, 502 East Hampden Avenue, appeared before City Council in opposition to the further extension of the one-way street designation on East Hampden Avenue. Mr. Waddell presented a petition of property owners and/or business operators located on or adjacent to East Hampden Avenue in opposition to the proposed one-way street extension. (This petition contains 41 signatures.) * * * * * * 393 394 Minutes of the April 7, 1969, regular meeting. Mr. M. M. Summers, 3140 South Delaware, appeared before City Council. Mr. Sunaners reconunended that Councilmen's salaries be increased and that the City Council change the City Charter at the next election to (a) establish salaries at a higher figure or (b) give the Council authority to set its own salaries without waiting for the expiration of a Councilman's term for the change to be in effect. Mr. Summers stated that the Charter presently states that any increase in City Council salaries shall not be effective until the term of office of the incumbent voting such an increase has expired. Mr. Summers reconunended that the City Council members receive $150 per month, the mayor $200 per month, and the Zoning Board members $75 per month. * * * * * * Mayor Schwab called for a recess at 10:25 P.M. Council reconvened at 10:40 P.M. Upon the call of the roll, the following were present: Councilmen Brown, Dhority, Kreiling, Lay, Lone. Parkinson, Schwab. Absent: None. The Mayor declared a quorum present. * * * * * * COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PUBLIC HEARING ON THE REZONING OF THE 3000 BLOCK OF SOUTH DELAWARE STREET FROM R-2-A TO R-3-B BE OPENED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing open at 10:42 P.M. (Note: A tape recording of the public hearing is on file with the official minutes.) Items previously received by Council include: 1. A memorandum dated April 3, 1969, from Mrs. D. A. Romans, Planning Director, concerning the Thorney rezoning. 2. A map of the subject area. 3. An analysis and resume' of the subject area from Mrs. D. A. Romans, Planning Director, dated February 28, 1969. 4. A memorandum dated February 19, 1969, from the Planning and Zoning Commission reconunending the approval of the rezoning application filed by Mr. W. H. Thorney. 5. An opinion from the City Attorney, No. 68-4, dated September 18, 1968, concerning the validity of amending the zoning ordinance to rezone less than a one block area. Mrs. D. A. Romans, Planning Director, appeared before City Council and reviewed the Thorney application for rezoning. Exhibit No. 1 Exhibit No. 2 Exhibit No. 3 Exhibit No. 4 Exhibit No. 5 Exhibit No. 6 Copy of the Notice of Public Hearing. Copy of application for rezoning filed on January 2, 1969. Petition containing nine names of individuals in favor of the rezoning. Map of area showing where the petition was circulated. Petitions protesting the rezoning containing 152 signatures unverified. Minutes of the Planning and Zoning Conunission of January 8, 1969. I I I I I I I I Minutes of the April 7, 1969, regular meeting. Exhibit No. 7 Exhibit No. 8 Exhibit No. 9 Minutes of the Planning and Zoning Commission of February 5, 1969. Minutes of the Planning and Zoning Commission of February 19, 1969. Sununarization of the rezoning. Mr. William H. Thorney, 3700 South Clarkson, appeared before City council. Exhibit No. 10 Exhicit No. 11 Denver Housing Trends, Fourth Quarter Report, 1968. Photographs of subject area. Mr. James Walsh, 415 West Dartmouth, appeared before City Council in favor of the rezoning. Mrs. Merlyn Eve, 3881 South Fox, appeared before City Council in favor of the rezoning. Mrs. Margaret L. Davis, 3024 South Delaware, appeared before City Council in opposition to the rezoning. Exhibit No. 12 Exhibit No. 13 Petitions opposing the rezoning containing 42 signatures unverified. Map of area showing where the petitions were circulated. Mr. Robert F. Kelley, 3020 South Delaware, appeared before City Council in opposition to the rezoning. Mr. M. M. Summers, 3140 South Delaware, appeared before City Council in opposition to the rezoning. Mayor Schwab asked for a show of hands of those who were in favor and opposition to the rezoning. Seven were in favor, and twelve were opposed to the rezoning. Mr. William H. Thorney reappeared before City Council. Mr. Robert F. Kelley reappeared before City Council. COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT THE PUBLIC HEARING BE CLOSED. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the public hearing closed at 11:28 P.M. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN ORDINANCE ON THE REZONING OF THE 3000 BLOCK OF SOUTH DELAWARE FROM R-2-A TO R-3-B BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * A memorandum dated April 2, 1969, from Stanley H. Dial, City Manager, regarding traffic signalization requirements at cer- tain intersections was received for the record and discussed by City Council. (Reference to earlier appearance of Mr. Nate Burt.) * * * * * * 395 396 Minutes of the April 7, 1969, regular meeting. A memorandum dated April 1, 1969, from Stanley H. Dial, City Manager, regarding traffic signalization requirements at the West Tufts Avenue railroad crossing and South Santa Fe Drive was received for the record. Councilman Lone requested that the administration take steps to solve the problem at the railroad crossing at West Tufts Avenue and South Santa Fe Drive without creating budgetary problems. * * * * * * A letter fran Mr. John Murphy, Personnel Director, dated April 1, 1969, regarding on-the-job injury compensation was received for the record. * * * * * * The minutes of the Board of Career Service Commissioners meeting of March 20, 1969, were received for the record. A letter from Mr. J. F . DeVivier, Chairman of the Career Service Commission dated March 24, 1969, recommending that the May 1 date at which time the Career Service Board shall submit a recommendation for a pay plan for the forthcoming fiscal year be set back was received for the record and discussed. It was the consensus of Council that it would not be possible to change the ordinance requiring the submission of a pay plan on May 1 prior to that date: and, therefore, some type of recommendation would be anticipated on May 1. City Council discussed the scope of the recommendation to be submitted by the career Service Board. * * * * * * The minutes of the Planning and Zoning Commission meeting of March 5, 1969, were received for the record. * * * * * * The minutes of the Parks and Recreation Commission meeting of March 12, 1969, were received for the record. * * * * * * A memorandum from Doug Sovern, Fire Chief, regarding the Fire Department Instructor's Conference dated March 27, 1969, was received for the record. * * * * * * Final estimate data for Paving District No. 17 were received for the record. RESOLUTION NO. 12, SERIES OF 1969 A RESOLUTION REGARDING THE ASSESSMENTS FOR PAVING DISTRICT NO. 17. (Copied in full in the official Resolution Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT RESOLUTION NO. 12, SERIES OF 1969 BE ADOPTED AND APPROVED, THAT IT BE PUBLISHED APRIL 10, 17, AND 24 IN THE ENGLEWOOD HERALD AND ENTERPRISE, AND THAT A PUBLIC HEARING THEREON BE ESTABLISHED FOR MAY 12, 1969, AT 8:00 P.M. AT CITY HALL. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of the April 7, 1969, regular meeting. The minutes of the Water and Sewer Board meeting of March 18, 1969, were received for the record with two memoranda attached. Mr. Charles Carroll, Jr., Director of Utilities, appeared before City Council and set forth the reasoning for the increase in sewer head tap fees within the City of Englewood as recommended in the first memorandum. Discussion ensued. RESOLUTION NO. 13, SERIES OF 1969 A RESOLUTION REVISING SEWER HEAD TAP FEES WITHIN THE CITY OF ENGLEWOOD, COLORADO. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT RESOLUTION NO. 13, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Nays: councilmen Lone, Parkinson. Absent: None. The Mayor declared the motion carried. The subject of the second memorandum, authorization for Littleton to provide water services within the City of Englewood, was discussed by City Council. COUNCILMAN LAY MOVED, COUNCILMAN BROWN SECONDED, THAT THE PROVISION OF WATER SERVICE BY THE CITY OF LITTLETON TO THE PROPERTY OF MR. DALE H. REA, 2200 WEST CHENANGO, LOCATED WITHIN THE CITY OF ENGLEWOOD BE GRANTED DUE TO THE FACT THAT THE CITY OF ENGLEWOOD COULD NOT PROVIDE SUCH SERVICE WITHOUT A DISAPPOR- TIONATE COST. Upon the call of the roll, the vote resulted as follows: Ayes: councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * The minutes of the Public Library Board meeting of March 11, 1969, were received for the record. * * * * * * A calendar of joint Council-Board meetings was received for the record. * * * * * * Introduced as a Bill by Councilman Kreiling and read in full, A BILL FOR AN ORDINANCE REPEALING SECTION 16.2 THROUGH SECTION 16.2-7 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, COLORADO. COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE BE AMENDED BY CHANGING THE EFFECTIVE DATE OF THE ORDINANCE TO JULY 1, 1969, AND BY ADDING A SECTION STATING THAT ALL LIQUOR OCCUPATIONAL TAXES REPRESENT- ING THE PRORATED PORTION OF JULY 1, 1969, TO DECEMBER 31, 1969, BE REFUNDED TO THOSE PEOPLE WHO HAD MADE SAID PAYMENT. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Lone, Parkinson. Nays: Councilmen Brown, Dhority, Kreiling, Lay, Schwab. Absent: None. The Mayor declared the motion failed. 397 398 Minutes of the April 7, 1969, regular meeting. COUNCILMAN KREILING MOVED, COUNCILMAN LONE SECONDED, THAT THE BILL FOR AN ORDINANCF BE PASSED UNAMENDED 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 Kreiling, Lone, Parkinson. Nays: Councilmen Brown, Dhority, Lay, Schwab. Absent: None. The Mayor declared the motion failed. * * * * * * BY AUTHORITY ORDINANCE NO. 13, SERIES OF 1969 AN ORDINANCE AMENDING ARTICLE 16.5 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO LEVY THE TAX IMPOSED BY SAID CHAPTER UPON ALL SALES OF FERMENTED MALT BEVERAGES, MALT, VINOUS OR SPIRITUOUS LIQUORS AND UPON THE RENTAL PRICE OF ALL LODGING ROOMS LET OR RENTED FOR A PERIOD OF LESS THAN THIRTY (30) DAYS. (Copied in full in the official Ordinance Book.) COUNCILMAN DHORITY MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 13, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. City Council discussed the ordinance and the testimony presented by liquor outlet owners and/or managers earlier in the evening. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Parkinson, Schwab. Nays: Councilmen Kreiling, Lone. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 14, SERIES OF 1969 AN ORDINANCE ESTABLISHING FOUR COUNCIL DISTRICTS WITHIN THE CITY OF ENGLEWOOD AND REPEALING ORDINANCE NO. 14, SERIES OF 1963, ORDINANCE NO. 9, SERIES OF 1967, AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT ORDINANCE NO. 14, SERIES OF 1969, BE PASSED ON FINAL READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * I I I I I I I I Minutes of the April 7, 1969, regular meeting. BY AUTHORITY ORDINANCE NO. 15, SERIES OF 1969 AN ORDINANCE ASSESSING CERTAIN REAL PROPERTY DESCRIBED THEREIN FOR COSTS EXPENDED BY THE CITY IN THE REMOVAL AND DIS- POSAL OF WEEDS OR RUBBISH THEREFROM. (Copied in full in the official Ordinance Book.) COUNCILMAN BROWN MOVED, COUNCILMAN LAY SECONDED, THAT ORDINANCE NO. 15, SERIES OF 1969, BE PASSED ON FINAL 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 Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * BY AUTHORITY ORDINANCE NO. 16, SERIES OF 1969 AN ORDINANCE AMENDING SECTION 14.2 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD, AND DECLARING AN EMERGENCY. (Copied in full in the official Ordinance Book.) COUNCILMAN PARKINSON MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 16, SERIES OF 1969, BE PASSED ON FINAL READING AS AN EMERGENCY AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTERPRISE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * Introduced as a Bill by Counc.ilman Parkinson and read in full, A BILL FOR AN ORDINANCE CREATING AN IMPROVEMENT DISTRICT IN THE CITY OF ENGLEWOOD, COLORADO, TO BE KNOWN AS PAVING DISTRICT NO. 18, ORDERING THE CONSTRUCTION THEREIN OF STREET AND AVENUE IMPROVEMENTS: PROVIDING FOR THE ISSUANCE OF BONDS OF THE DISTRICT IN PAYMENT FOR SAID IMPROVEMENTS: PROVIDING FOR NOTICE TO CON- TRACTORS AND TO BIDDERS FOR SPECIAL IMPROVEMENT DISTRICT BONDS OF SAID CITY, AND DECLARING AN EMERGENCY. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE PROPOSED BILL FOR AN EMERGENCY 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 Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * 399 400 Minutes of the April 7, 1969, regular meeting. RESOLUTION NO. 14, SERIES OF 1969 A RESOLUTION AUTHORIZING REPLACEMENT OF INADEQUATE WATER LINES. (Copied in full in the official Resolution Book.) COUNCILMAN LAY MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 14, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * RESOLUTION NO. 15, SERIES OF 1969 A RESOLUTION AMENDING RESOLUTION NO. 51, SERIES OF 1968, AND A PAY PLAN FOR NON-EMERGENCY EMPLOYEES OF THE CITY FOR THE YEAR 1969. (Copied in full in the official Resolution aook.) COUNCILMAN PARKINSON MOVED, COUNCILMAN LONE SECONDED, THAT RESOLUTION NO. 15, SERIES OF 1969 BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Parkinson, Schwab. Nays: Councilman Lay. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial reviewed a memorandum on the 1968 Audit dated April 1, 1969, setting forth the facts surrounding the payment of $6,950 to Bosworth, Sullivan & Company, Inc., financial consultants for the City Hall bond issue. RESOLUTION NO. 16, SERIES OF 1969 A RESOLUTION APPROVING AND RATIFYING THE PAYMENT BY THE CITY OF ENGLEWOOD OF THE SUM OF $6,950.00 TO THE FIRM OF BOSWORTH, SULLIVAN & COMPANY, INC., FOR EXPENSES INCURRED, AND SERVICES RENDERED BY, SAID FIRM TO THE CITY OF ENGLEWOOD. (Copied in full in the official Resolution Book.) COUNCILMAN LONE MOVED, COUNCILMAN PARKINSON SECONDED, THAT RESOLUTION NO. 16, SERIES OF 1969, BE ADOPTED AND APPROVED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Attorney Criswell stated that a false arrest suit against Chief Clasby and Detectives Mason and Frazier had been filed by Mr. Marvin Smith for his arrest on April 2, 1968, in connection with the Connie Paris murder case. Mr. Criswell stated that he was presently in touch with the insurance carrier of the City's false arrest coverage reviewing the extent of the coverage of these individuals under the insurance policy. Mr. Criswell I I I I I I I I Minutes of the April 7, 1969, regular meeting. stated that the coverage might not extend to all charges against the City's police officers and requested authorization to defend these officers contingent upon the outcome of the examination of the requirements upon the insurance company to defend said officers. Mr. Criswell further stated that the complaint against Chief Clasby and Detectives Mason and Frazier had not been served. COUNCILMAN PARKINSON MOVED, COUNCILMAN KREILING SECONDED, THAT THE CITY ATTORNEY BE AUTHORIZED TO DEFEND CHIEF CLASBY AND DETECTIVES MASON AND FRAZIER IN THE FALSE ARREST CHARGES BROUGHT BY MR. MARVIN SMITH CONTINGENT UPON THE EXTENT OF DEFENSE OFFERED THROUGH THE CITY'S FALSE ARREST COVERAGE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Parkinson, Schwab. Nays: Councilman Lay. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial gave an oral report on the talks with members of the Englewood employees' associations on the proposed ordinance placing the Personnel Director under the City Manager. Mr. Dial also discussed various changes which he felt should be made in the ordinance before final adoption. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT THE BILL FOR AN ORDINANCE PLACING THE PERSONNEL DIRECTOR UNDER THE CITY MANAGER BE REMOVED FROM THE TABLE. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Lay, Schwab. Nay•: Councilmen Kreiling, Lone, Parkinson. Absent: None. The Mayor declared the motion carried. ORDINANCE NO. 17, SERIES OF 1969 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 6 OF THE MUNICIPAL CODE OF THE CITY OF ENGLEWOOD TO EXCLUDE FROM THE CAREER SERVICE SYSTEM ALL ADMINISTRATIVE ASSISTANTS TO THE CITY MANAGER AND AUTHORIZING THE CITY MANAGER TO DESIGNATE AN ADMINISTRATIVE ASSISTANT IN HIS OFFICE TO ACT AS THE PERSONNEL DIRECTOR OF THE CITY OF ENGLEWOOD TO AID THE BOARD OF CAREER SERVICE COMMISSIONERS IN THE PERFORMANCE OF ITS DUTIES. COUNCILMAN LAY MOVED, COUNCILMAN DHORITY SECONDED, THAT ORDINANCE NO. 17, SERIES OF 1969, BE PASSED ON FINAL READING AND ORDERED PUBLISHED IN FULL IN THE ENGLEWOOD HERALD AND ENTER- PRISE. The City Manager discussed with City Council the timing of passage of the ordinance upon this date and certain revisions to the ordinance which he reconunended be made prior to final adoption. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE BILL FOR AN ORDINANCE PLACING THE PERSONNEL DIRECTOR UNDER THE CITY MANAGER BE TABLED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lone, Parkinson. Nays: Councilmen Lay, Schwab. Absent: None. The Mayor declared the motion carried. (Note: Due to the fact that the above ordinance was tabled before final passage it is not copied in full in the official Ordinance Book, and a new ordinance number will be assigned to it upon final passage.) * * * * * * 401 L 02 Minutes of the April 7, 1969, regular meeting. City Manager Dial requested authorization for the Mayor and City Clerk to enter into an agreement with the Denver Water Board for the construction of a culvert in the 3400 block of South Grant Street and the City ditch crossing at this point. Mr. Dial stated that this construction had already been accomplished and that it was required for Paving District No. 18. COUNCILMAN KREILING MOVED, COUNCILMAN PARKINSON SECONDED, THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE LICENSE AGREEMENT WITH THE DENVER WATER BOARD FOR THE CONSTRUCTION OF A CULVERT AT THE CITY DITCH CROSSING IN THE 3400 BLOCK SOUTH GRANT ~ STREET. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen B·rown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial presented a report dated April 4, 1969, regarding first quarter sales tax collections and its impli- cations on the 1969 Budget. * * * * * * City Manager Dial stated that bids for the construction of the parking lot at Englewood-Belleview Park Addition had been opened on April 3, 1969. Mr. Dial presented a memorandum from Director of Finance Lyon and Director of Parks and Recreation Ranans tabulating the bids and reconunending that the contract be awarded to Bussard Construction as lowest and best bidder. COUNCILMAN LAY MOVED, COUNCILMAN KREILING SECONDED, THAT THE BID OF BUSSARD CONSTRUCTION COMPANY FOR $14,020.68 INCLUDING ALTERNATE NO. 1 FOR THE CONSTRUCTION OF THE PARKING LOT AT ENGLEWOOD-BELLEVIEW PARK ADDITION BE DECLARED LOWEST AND BEST AND THAT THE MAYOR AND CITY CLERK BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried. * * * * * * City Manager Dial stated that he was establishing a date for a tour of the Craig Rehabilitation Center sometime in the near future. * * * * * * City Manager Dial stated that a reception for Mr. Beryl Wallace , retiring Chief Building Inspector, would be held April 30, 1969, at 7:30 P.M. * * * * * * Councilman Kreiling stated that an understanding among City Councilmen should be made concerni'ng the involvement of policy making officials in a riot situation. * * * * * * Mr. Harry Musser, 20090 E. 118th Ave., president of the Englewood Employees' Association, appeared before City Council. Mr. Musser discussed the proposed bill for an ordinance placing the Personnel Director under the City Manager. Mr. Musser stated that the employees did not know the position of the City Council concerning the proposed bill o: reasons for its passage and sug- gested that members of City Council, Career Service Board, Mr. John Murphy, Mr. Stanley H. Dial, and Mr. John Criswell come to the Englewood Employees' Association meeting of April 14, 1969, in order that the pros and cons could be brought into the open. * * * * * * I I I I I I I I Minutes of the April 7, 1969, regular meeting. COUNCILMAN PARKINSON MOVED, COUNCILMAN LAY SECONDED, THAT THE MEETING BE ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Brown, Dhority, Kreiling, Lay, Lone, Parkinson, Schwab. Nays: None. Absent: None. The Mayor declared the motion carried and the meeting adjourned at 2:15 A.M. 403