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HomeMy WebLinkAbout1959-11-02 (Regular) Meeting MinutesCOUNCIL CHAllBERS CITY OF ENGLEWOOD, COLORADO NOVEllBBR 2, 1959 RKGULAR llBBTING: Tbe City Council of the City of Englewood, Colorado, met in regular aession on Monday, Noveaber 2, 1959 in the Council Chambers, City Ball, &nglewood, at tbe hour of 8:00 P.M. llayor Scott preaiding, called the meeting to order and the invocation waa given by Reverend G. H. Underhill Lof the llayflower Con1re1ational Cburcb. Tbe llayor asked for roll call. Upon the call of tbe roll, the following peraon• were preaent: Council .. n: Braun, Brownewell, Hill, Kreiling, llartin, llcLellan, Woods, Scott. Alao Present: City llanager Rudd, City Attorney Esch, City Clerk Beausang. Absent: Councilman Graham. Tbe llayor declared a quorum present. MINUTES OF PREVIOUS llBBTINGS COUlfCILllAlf BRAUN MOV&D, COUlfCILMAN HILL SECONDED, THAT TBB MINUTES OF TBB llBITllfG OP OCTOBBR 5, OCTmBR 16, AND OCTOBER 19, BB APPROVBD AS WRITTBlf. Upon tbe call of the roll, the vote resulted as follows: Ayes: Council .. n Braun, Brownewell, Hill, Kreiling, llartin, McLellan, Woods, Scott. Nays: None. Absent: Councilman Graham.· The llayor declared the motion carried. COIOIUlf ICATION RELATING TO CAREER SERVICE COMMISSION The llayor acknowledged receipt of a letter from llr. Hale Bardin, 3200 South Franklin Street, Englewood, Tbe letter expressed concern over the establishment of Career Service Syate• and made suggestions relating to this system. CO~ILllAJf ELBLLAlf MOVBD, COUNCILMAN MARTIN SECONDED, THAT THE COIOIUNICA- TION PROll MR. HARDIN B& RBCBIVED AND PLACED ON FILE. Upon the call of the roll, tbe vote reaulted a• follow•: yes: Council .. n Braun, Brownewell, Hill, Kreiling, llartin, llcLellan, Wooda, Scott. Mays: None. Absent: Councilman Graham. Tbe llayor declared the motion carried. COIOIUNICATION FROM RIPPLE AND HOWE, INC. Tbe City Manager reported that he had received an offer from Ripple and Bowe, Inc. to aettle the engineering bill in dispute for the sum of $9,000.00. Thi• offer was to be accepted on November 21st or it would be withdrawn. Discuaaion enaued. Tbe llayor •u11eated that the various bills and payments to the engineering coapany be reviewed before acting upon this proposal. COUllCILllAJf BROINBWBLL MOVED, COUNCILMAN BRAUN SBCONDBD, THAT TBB LITl'Bll B& UC&IVBD AND JlD'BaaBD TO TllB CITY MANAGER FOR UVIBW AlfD IlfVBSTIGATIOlf WITH UGA&D TO PAYDJfTS MAD& AND TllB CLAIMS OF THE ENGINEERING COMPANY WHICH WOULD L&AD TO lfBGOTIATIOlf OP THB CLAIM. Upon the call of the roll, the vote resulted aa follow•: Aye•: Council .. n Braun, Brownewell, Hill, Kreiling, llartin, llcLellan, Woods, Scott. Nay•: None. Absent: Councilman Graham. Tbe Mayor declared the motion carried. I I I I Minutes of November 2, 1959 PROCBBDINGS OF BOARD OF ADJUSTMENT AND APPEALS The llayor asked that the proceedings of the special session of the Board of Adjuatment and Appeals held upon October 14 be received and placed on ·file. PROCBBDINGS OF CITY PLANNING AND ZONING COllMISSION OF OCTOBER 22, 1959 Councilman Braun commented on the increased effectivemess of the Inter- County Regional Planning Commission. Tbe llayor aaked that the proceedings be received and placed on file. PROCBBDINGS OF WATER AND SBWBR BOARD OF OCTOBER 24, 1959 Tbe City Clerk read the following recommendation from tbe Englewood Water and Sewer Board: Tbat the City proceed through the Water and Sewer Board and its apecial consultant with the acquisition of the Dad Clark Gulch Reservoir site, and by condemnation, require any land necessary where negotiations for purchase are unsuccessful. COUNCILMAN BRAUN llOVBD, COUNCILMAN MCLELLAN SECONDED, THAT TBB RBCOIOIBN- DATIOK OP THI WAUR AND SDBR BOARD BB ACCEPTED. Upon the call of the roll, the vote reaulted a• follows: Ayes: Council .. n Braun, Brownewell, Hill, Kreiling, Martin, llcLellan, Wooda, Scott. Nays: None. Abaent: Councilman Graham. The llayor declared the motion carried. QUIT CLAill DBBD TO SCHOOL DISTRICT NO. 1 The City Attorney reported that a Quit Claim Deed for a strip of land near the Cherrelyn School bad been completed. He informed the Council that aa the alley wa• not opened and the original deed carried a r••ersion clause in favor of the school district if not used as an alley the transfer could be 11&de by a quit clai• deed. COUNCILMAN D&ILl1'G llOVBD, COUNCILMAN WOODS SBCOND&D, THAT THI MAYOR AIU) CITY CLDK ID AUTBORIZ&D TO SIGN A QUIT CLAill DBBD TO TD SCHOOL DISTRICT 1'0. l POR Alf UlfOPBHD ALLIY IN TllB VICINITY OF THB CHBRULY1' SCHOOL. Upon the call of the roll, the vote resulted as follows: Ay .. : Council .. n Braun, Brownewell, Hill, Kreiling, llartin, llcLellan, looda, Scott. 1'aya : Jlone. Ableat: Council11&n Graham. Tbe llayor declared the aotion carried. Introduced aa a Bill by Councilman Kreiling. ORDINANCB NO. 27, SBRIBS OF 1959 All OIDllAJIC& PROVIDl1'G POR TllB FIXING BY THB CITY COUNCIL OP THB CITY OP ami.nocm, COLORADO, BY USOLUTION, OP RATBS AND CBARGBS POR THI n.ATllBJIT AIU) DllPOSAL OW IA•ITA&Y SD&R AT TD BNGLDOOD SDAGB TUATlllNT PLANT; PROVIDIBG Poa PDALTIU POI PAILUU TO PAY SBWAGB TUATllBNT BILLS; AND asl'Ul.!NG SICTION l al QIDlllAll:I 10. 3, 818118 or 1954, AND ALL OTHER ORDINANCBS AND PARTS OF OIDillAll:SI II COlfl'LICT HDDITH. waa read for the second tiae. COUll:ILllA1' BRAUN llOVBD, COONCILMAN KRBILING SECONDED, THAT ORDINANCB 1'0. 27, DalU OP 1959 BB PASSBD ON SBCOND READING AND ORDBRBD PUBLISDD 11f PULL I• TBI ..n.&1()(1) llSRALD AND BNTBRPRISB. Upon the call of the roll, the vote r .. ulted aa follow•: Aye•: Councilaen Braun, Brownewell, Hill, Kreiling, llartin, llcLellan, Wooda, Scott. Kaya: None. At.eat: Councilman Graham. Tbe llayor declared the motion carried. < ' • ,/: I Minute• of Roveaber 2, 1959 Introduced aa a Bill by Councilman Hill. ORDINANCE NO. 28, SERI.BS OP 1959 A• oaDllAJtCB FOR TllB CRBATION OF A SPECIAL FUND TO BB KNOllf AS TBB "lllPRORmTI PULIMINARY FUND" FOR THE PURPOSE OP DBFRAYllfG TBB ADlll!flST&ATIVB AllD mlGl-lltG COSTS OP lllPROV.BllBNT DISTRICTS PRIOR TO LBGAL FOIUIATIOK OF SUCH DllftlCTS. waa read for tbe •econd ti ... COURCILllAK BILL llOVED, COUNCILMAN BROWNBWBLL SBCONDBD, THAT ORDllfAllC& !fO. 28 Im PASS&D OK SIC<Jm READING AND ORDERED PUBLISHID IN FULL IR THI BllGLDOCI> B&aALD AID B1fT&llPRISE. Upon the call of the roll, the vote resulted as follow•: Aye•: Councilmen Braun, Brownewell, Hill, Kreiling, Martin, llcLellan, Woods, Scott. Kaya: None. Absent: Councilman Graham. Tbe llayor declared the motion carried. Introduced as a Bill by Councilman Hill. ORDINAllC.B NO. 29, SERIES OF 1959 Alf ORDINAllCB AllBNDilfG ARTICLE IV, "ZONE DISTRICTS," OF ORDINAlfCI KO. 45, SUIBS OP 1.955, AS AllBNDBD, TO CONFORM THE SBCTION HEADINGS OF um ARTICLB TO TllB AllBJIDllBJfTS HBRBTOFORB ADOPTED. was read for the second time. COOllCILllAlf BRAUN llOVED, COUNCILMAN ~L.BLLAN SECONDBD, THAT ORDllfAllCB lfO. 29, BB PASSBD ON SBCOlfD RBADING AND ORD.BRED PUBLISllBD llf FULL llf TBB BlfGLDOOD DRALD AND DTBRPRISI. Upon the call of the roll, the vote re- sulted aa follows: Aye•: Councilmen Braun, Brownewell, Hill, Kreiling, llartin, llcLellan, Woods, Scott. Nays: None. Abaent: Councilman Graham. Tbe llayor declared the motion carried. Introduced aa a Bill by Councilman Hill. ORDINANCE NO. 30, S.BRIBS OF 1959 Alf OIU>llfAll::& AllBNDllfG ORDllfAllC.B NO. 45, SB&IBS OF 1955, AS AllB:RDBD, TO PROYIDB POR llAXlllUll llllGBT OF BUILDINGS IN BUSIDSS DISTRICTS, AND RBPBALIKG OllDIRAJI::& NO. 3, S&&I&S OF 1959, AND ALL OTHER ORDINARCBS AND PARTS OF oaDillAJtCBS II COlfl'LICT ll&llDITH. waa read for the •econd time. COOJtCILllAR BRAUN llOVBD, COUllCILllAN HILL SBCONDBD, THAT OBDINAllCB NO. 30, SK&l&S OF 1959, BB PASSBD ON SBCOlfD RBADING AND ORD&B&D PUBLISBKD llf PULL Ilf TBS SJIGLDOOD B&aALD AND BlfT&RPRISE. Upon the call of the roll, the vote re- •ulted aa follow•: Ayea: Councilmen Braun, Brownewell, Hill, Kreilin1, llartin, llcLellan, Wood8, Scott. Nays: None. Abeent: Councilman Graham. The Mayor declared the 11e>tion carried. Introduced as a Bill by Councilman llartin. ORDINANCE NO. 31, SERIBS OF 1959 Alf ORDilfAllCB TO LEVY A CITY RBTAIL SALES AND USE TAX WITHIN THB CITY OF BlfGLDOOD, COLORADO. waa read for the second tilDB. I -I "' I I Minutes of No .. •tr.~r.2, 1959 COUNCILMAN llABTIN MOVED, COUNCILMAN BROWNDELL SBCONDBD, THAT OBDINANCB RO. 31, SDIBS OF 1959, BB PASSED ON SBCOND READING AND OBDBRBD PUBLISllBD IN P'ULL IN TD DGLDOOD HBRALD AND BNTBRPRISB. Upon the call of the roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, Hill, Kreiling, Martin, McLellan, Woode, Scott. Nays : None. Absent: Councilman Graham. Tbe llayor declared the aotion carried. Introduced as a Bill by Councilmen Brownewell, McLellan and Woodll. A BILL l'OR AN oaDINANCB COATING A CAUD SERVICE SYSTEM FOR PULL Tilll DGULAB BllPLOYDS M TllB CITY M BNGLDOOD, COLORADO, BASED OM BRIT PRINCIPLBS GOV&UING TD APPOINTllBlfT, PROllOTION, TRANSFER, LAY OFF, RBllOVAL AND DISCI- PLID OF ITS BllPLOY&U AND OTllD PROCBDUUS PERTINENT TO SAID CABBD SDVICB; AID AllDDlllG OllDINANCB NO. 13, SDIBS OF 1959, PROVIDING FOR TBB CRBATIOlf AND lllPLSllDTATION OF TD CARDB SBBVICB SYSTEM. D IT ORDAIDD BY THB CITY COUNCIL OF THB CITY OF DGLDOOD, COLORADO: Section l. SYSTBM CUATBD. There is hereby created the Bnglewood Career Sirvlce Syatea for all full time regular employees of tbe City of Bnslewood, Colorado, as provided by Article XV of the Charter of tbe City of Bnslewood, Colorado. Section 2. BXCLUDBD POSITIONS. Excluded from the Career Service System shall bi all elective officers, appointees of Council and beads of depart- .. nta. There ... Y also be excluded one confidential secretary in tbe office of tbe City llanaser and one in the office of each department, board or com- aiaaion at tbe discretion of the City Manager. lectton 3. ILISPONSIBILITY. The Board of Career Service Comaisa&oners, alao herein referred to as the Board, shall be responsible for tbe operation of tbe Career Service System. Such employees as are reasonably necessary to adainiater the functions of the Career Service System shall be provided upon tbe reco ... ndation of the Board. Section 4. BULBS AND REGULATIONS. The Board shall adopt, by tbe affirmative vote of two (2) Coamissloners, rules and regulations covering all aspects of the Career Service System as established by ordinance. Such rule• and regulations shall have the force and effect of law. Section 5. BllPLOYllBMT STANDARDS. The relative fitness of applicants for orislnal eaploy .. nt shall bi based on open, free, and competitive ex- aainationa as to fitness for employment commensurate with tbe class. Bli- slbillty ll•t• for each class a• herein defined shall be set up in tbe order of final acorea, includ1DS Veterans preference as provided by Article 12 of tbe Constitution of the State of Colorado, made by the applicants. Section 6. PROBATIONARY APPOIMTllBNT. Whenever a vacant position i• to be filled, the top three names on the proper eligibility list shall be sub- aitted to the appointing authority for the selection of one applicant to ••rve a probationary period of at least six months. After satisfactory com- pletion of tbe probationary period, the employee shall be given permanent atatua. Pending the establishment of an applicable eligibility list, teaporary appoint11&nts, not to exceed six (6) months, may be made with the approval of the Board. Section 7. PROllOTIONS. Competitive examinations for positions above tbe entrance level shall Include appropriate considerations of the applicant•·s qualifications, recordl'of performance, and seniority. Section 8. STATUS OF PUSENT EllPLOYEBS. Upon the effective date of tbi• ordinance, all full-time regular employees of the City having at least one year'• satisfactory employaent, except those excluded by this ordinance, •ball be granted permanent status without further examination. All full- ti .. , regular eaployees with leas· tban one year's service shall be conaidered to have passed an examination for their position and shall have probationary status until the coapletion of one year of service, at which time, upoa cer- tification by the appointing authority that their performance is satisfactory, they shall be granted permanent status. Minutes of Noveaber 2, 1959 Section 9. TBJfURB. The tenure of every employee after 1ainin1 per- aanent atatua aball bi conditioned on good behavior and the aatiafactory perfor .. nce of bi• dutiea. Subject to the rules of the Board, any eaployee aay be teaporarily aeparated by lay-off, leave of absence of suapenaion; or be may be peraanently separated by resignation, di•lliaaal or retirement. Section 10. LAY-01'1'. Whenever there is a lack of work or lack of funds requlrlns reduction• in tbe number of employees, tbe appointin1 authority aball deaisnate the organization unit and classes in which the lay-off is to be .. de. Upon such determination the required number of eaployees in tbe affected unit and class shall be laid off or tranaferred in the order of their relative length and quality of service as specified by rule• of tbe Board. Section 11. RB-BllPLOYllBlfT. An employee in good standin1, upon approval of tbe BOard, .. Y bi sranted a leave of absence not to exceed two years. Durin1 tbia tiae be aball be placed on a re-employment list for bis classi- fication. Whenever a vacancy for this classification occurs, persona on the re-eaployaent list shall be offered the vacancy in the inverse order of their placeaent on the list. After a person bad been on a re-employment li•t for two years, his name shall be removed from the list. Section 12. DISCIPLINARY ACTION AND APPEAL PROCBDURB. A. An eaployee having permanent status may be dismissed, demoted or suspended by the appointing authority upon filin1 witb the Board and with the employee a written statement of the caaae for such action, which cause shall relate to the performance of duties, personal conduct, or other factors relating to the service. B. Within three working days after receipt of such notice, the Board shall notify the employee, by certified mail, of bis right to file a written reply with the Board. C. If the eaployee fails to file with the Board such a written reply within five working days after mailing of said notice of bis right to do so, the action of the appointing authority shall be final and in the case of dismissal, the Board shall declare tbe position vacant. D. If the eaployee files such written reply with the Board with- in said time limit, tbe Board shall initiate a bearing within 30 days. At said hearing the employee shall be entitled to representation of his own choosing, at his own expense. B. At the conelusion of said bearing the Board shall make its findings a matter of record affirming, modifying or reversing the action of the appointing authority. The appointing autbortty shall immediately execute the findings of the Board. Section 13. JOB CLASSIFICATION PLAN. Bach position in the Career Service System shall bi assigned by the BOard to a job class on the basi• of the kind and level of its duties and re~ponsibilities, to the end that all poaitions in the same class shall be sufficiently alike to permit use of the saae deacriptive title, the same qualifications requireaents, the saae teat of coapetence, and the same pay aeale. A job class may contain one poaition, or more than one position. The initial claaaification plan shall be revised from tiae to tiae as cban1in1 conditions require, upon recommendation of the appointin1 authority and with the approval of the Board. Such revisions may consist of the addition, aboliabaent, consolidation, division or amendment of existing claases. The Board shall be rule establish the manner in which a cban1e in the aaai1naent of a position shall affect the status and pay of the incuabent. SecUDn 14. PAY PLAN. The Board shall annually recommend, for adopt- ion b,--Councll in whole or in part, a pay plan of sufficient 1rades and • rans•• ao aa to reflect fairly the difference• in the duties, responsibilities and qualification require .. nts between classes. The rate of pay shall be coaparable to that of public eaployaent in appropriate coapetitive labor .. rketa. All claaaea in the claaaification plan shall be asai1ned to a proper srade in the pay plan with due re1ard to departmental or1anization. The aaai1n .. nt of a cla•• to an established pay grade shall be effective when approved by the Board. The Board shall by rule provide for pay increases within rans•• of the pay plan on the basis of the length and quality of aervice. Section 15. RBTIRBllBNT PLAN. The Board shall subait a retirement plan or plana for adoption by Council. Upon adoption by Council, the Board, where appropriate, shall set up rules and regulations covering the adminis- tration of tbe plan or plans. I I I I Minutes of November 2, 1959 Section 16. POLITICAL CONSIDERATIONS. Employees in the classifi~d service shill not bi selected with regard to p0litical considerations, shall not be required to contribute to any political purpose, and shall not engage in iaproper political activity. The rules shall define the scope of this section. Section 17. SUBPOENA POIBR. The Board, in performance of its duties, aay require any employee of the City to testify before it and shall have the power of subpoena over persona and records, which power shall be enforceable by the courts. Section 18. COllPBNSATION. The Career Service Commissioners shall re- ceive such coapensation and/or reimbursement for expenses as may be deter- ained fro• time to time by the Council. Section 19. LEGALITY. Should any part of this ordinance be declared ille1al, Council declares that it would have adopted all the other provi- sions notwithstanding such illegality of a part, and all remaining parts shall remain in effect. Section 20. Ordinance No. 13, Series of 1959, is hereby amended by striking from the title the words, "Creating the Englewood Career Service Syatea," and aublltituting therefor the words, "Proving for the Creation of the Bn1lewood Career Service System by Ordinance," and amending Section 2 and 3 of said ordinance to read as follows: ~Section 2. The original Board of Career Service co .. issioners of tbe City of Englewood, Colorado shall submit to the City Council a draft of a Career Service System embodying the principle• aet forth in Section 138 of Article XV of the Charter of the City of Englewood, Colorado. "Section 3. The Bn1lewood Career Service System shall be created by pasaa1e of an ordinance creating said system, and the Board of Career llergice Commissioners shall implement the syatea witb appropriate rules and regulations as authorized by aaid ordinance, and fro• time to time by subllequent ordinances." Paaaed on Pirat Reading by the City Council of the City of Englewood, Colorado, this 2nd day of Noveaber, A.O. 1959, and ordered published in full in the Englewood Herald and Enterprise. Mayor waa read for The llayor read a communication from Mr. John Kramer, Chairman of the Career Service Co••i•••on,wbicb suggested that a Director of Public Safety be established and the post left vacant so that the Police Chief and Fire Chief would not be department beads in the normal sense of the word and thereby included under the Career Service System. Discussion ensued. (Council.an Graham entered and took his seat on the Council at 8:45 P.11.) The llayor expressed bis position upon the overall question of tenure of the police and fire chiefs in that the present personnel were not bein1 considered in the drafting of this bill. He expressed the opinion that tbe two year leave of absence provision was adequate. He suggested that the Council avoid the proposal set forth for a Director of Public Safety and some of the other elaborate schemes set forth previously and recommended the acceptance of the Career Service Bill as finally presented by the Coaaiaa6on;l &nd reco ... nded its passage. Councilaan llcLellan objected to the two year limitation and suggested that extenaion of leave of absence be provided with the Commission's and City Council's approval. Discussion ensued. The City Manager restated the su11estion which be made as a suggested revision of tbe bill which would provide for an employee being placed upon a re-employment list for bis foraer classification upon bis dismissal from department bead status. Be alao expressed concern over the proposal that the City Council should enter into tbe individual cases of a particular department bead or person allowing for an extenaion of bis leave as this particular area was definitely within tbe scope of the City Manager; that entrance into this area by the City Council would be contrary to the intention of the charter in this regard. COUlfCILllAN BROWNBWELL MOVED, COUNCILMAN ll::LBLLAN SBCONDBD, THAT A NBW SBCTI Olf BE INSBRTBD INTO THE ORDINANCE AS SECTION 12; "Reina ta tement to Claasified Service. Any eap~oyee who has accepted appointment fro• a claaaltied position to an unclassified position in the City service and baa been removed from said unclassified position shall be reinstated to a position equal to his former classification." Minutes of Noveaber 2, 1959 Mr. Kra11er pointed out that this particular method of solution of tbe proble• would lead to that of establishing acting captains, lieutenants, etc. wbereby uno one would have the security which is the purpose of the systea. lie considered the proposal to be unconstitutional. Discussion ensued. Council.an Brownewell cited the railroad union plan of buaping tbe lower aen down which bad been in force and effect for a considerable length of ti11e. Council.an Hill suggested that the particular problem be covered through the drafting of the rules and regulations of the Career Service co .. i•••on. llr. Kramer stated tbat as the ordinance is drafted, it is wide enough to cover any situation. Council.an Grabaa disagreed witb tbe proposal to keep a job open for the man who can be a departaent bead bptmaay return to the ranks. He emphasized tbat a man with the ability to be a department bead should take the advantage• of that position with the disadvantages. Tbe ordinance provides for the opportunity ~or him to try the position for a period not to exceed two years after which time be must return to the rank& or continue as department bead. Tbe ordinance may at a future date be a11ended to cover a ~-rticular situation which may arise at that time. Tbe llayor stated that although be was not opposed to the purpose of the various alternatives be felt that the proposal might not be appropriate for all depart .. n&a of the City, therefore, be favored the proposed bill as rendered. Tbe question was called for on the amendment. Upon the call of tbe roll, the vote resulted as follows: Ayes: Councilmen Brownewell, llcLellan, Woods. Nays: Councilmen Braun, Grabam, Hill, Kreiling, Martin, Scott. Absent: None. The llayor declared the amendment defeated. COUNCILMAN .:=LBLLAN MOVED, COUNCILMAN WOODS SECONDED, THAT THB PROPOSED BILL BK PASSBD 01' FIRST READING AND ORDERED PUBLISHED IN FULL IN THB KllGLBWOOD llBRALD AND BNTBRPRISE. Upon tbe .. call of the roll, the voi:e re- sulted as follows: Ayes: Council .. n Braun, Brownewell, Graham, Hill, Kreiling, llartin, llcLellan, Woods, Scott. Nays: None. Absent: None. Tbe llayor declared the motion carried and thanked llr. Kraaer and the other aeabers of tbe Commission and Committee which bad so faithfully worked on the drafting of the Career Service Bill for their time and faithful service in this regard. COIOIUNICATION FROM STATE ENGINEER RELATING TO ENGLDOOO DAM Tbe City Attorney reported that be bad received a letter from llr. Eugene Whitten, State Engineer, regarding the flood controlled reservoir known a• tbe Bnglewood Dam. He stated that the engineer bad reviewed tbat tbis was a WPA project for flood control and not constructed in a manner to retaiia water the year around. He doubted the advisability of the use of the facility for recreation. Tbe llayor asked the City Attorney to inquire further on the safety factors and as to the authority of the State Engineer with regard to tbe use of such structures. The City llanager commented that tbe engineers off ice provide the .. ans for securing permission to force the owners to aaintain the da• or allow maintenance by the City. Councilman Graham re- ported tbat various aapa of tbe Denver area show the Bnglewood Dam by tbat na11e on thea. Discussion ensued. REPORT ON SIEROTA CASE Tbe City Attorney reported that although the Sierota case relating to tbe 3.2 Beer License at Snappy Foods Bar on South Santa Pe Drive bad another bearing this afternoon at wbicb time the llayor and other Councilmen testi- fied, that, generally •here w_. no progress in this caae. Tbe next date for trial will be Moveaber 30tb. RECESS Tbe llayor called a recess of the Council until 10:35 P.M. CALL TO ORDER Tbe llayor called the Council to order with tbe following members present: Council11en Braun, Brownewell, Graham, Hill, Kreiling, llartin, llcLellan, Woods, Scott. I I I I Minutes of November 2, 1959 Abaent: None. The layor declared a quorua preaent .. ACTION ON RECREATION STUDY AND REPORT BY UNIVERSITY OF DBNVER Tbe C i ty Manager referred to the Recreation Survey prepared by the Univeraity of Denver. This report bad been received but no formal action 11&de. lie suggested that euff icient study had been made of the report and that the Council act to adopt the report at this time. COOll:ILllAN BRAUN llOVBD, COUll:ILllAN ll:LELLAN SBCOND&D, THAT Tiii CITY COURCIL ADOPT "RBCRBATION, BNGLBWOOD, COIJORADO; A SURVBY OF TBB BXISTING FACILITIBS, ARD RBCOllllB1'DATIOlfS FOR THB PUTURB;" AS PRBPA&m> BY TBB UlfIVBR- SITY OF DBNVD IN GBDIAL PRINCIPAL AND THAT IT SBRVB AS A llA:NUAL FOR OllD&&LY DBVBLOPllBNT OF PARKS AND UX::RBATION PACILITIBS Ilf BlfGLDOOD AS RAPIDLY AS FUlfDS llAY PBRMIT. Upon the call of the roll, the vo~e resulted aa follow•: A7ea: Councilmen Braun, Brownewell, Graham, Hill, Kreiling, Martin, llcLellan, Woods, Scott. Hays: None. Abaent: None. The llayor declared the motion carried. RBNBGOTIATIOH OP TAP PBB SCllBDULE WITH SOUTH ARAPAHOE SANITATION DISTRICT The City Manager reported to the Council that the contract between the City of Bnglewood and the South Arapahoe Sanitation District may be opened for renegotiation prior to November 8, the date of this contract. Be sug- gested that the Water and Sewer Board be authorized to initiate renegotiations. COUNCILMAN GRAHAM MOVBD, COONCILMAH HILL SBCONDBD, THAT TllB WATBR AND snsa BMRD BB AUTHORIZBD TO PROCEBD WITH RENEGOTIATIONS WITH TBB SOUTH AaAPAJ:Km SANITATION DISTRICT COlfTRACT. Upon the call of the roll, the vote reaulted ae follows: Ayes: Council.an Braun, Brownewell, Graham, Hill, Kreiling, llartin, llcLellan, Woode, Scott. Nays: Hone. Abaen t: Hone. Tbe llayor declared the motion carried. COMllUNICATION TO CITY OP DBHVER RELATING TO DENVER CITY DITCH ASSBSSllEHTS The Ci ty Manager reported that be bad written the Denver Water Board relating to tbe acceptance by that Board of assessments against the property occupied by the Denver City Ditch. He stated be bad not received a reply to date. ANALYSIS OF PROPERTIES LISTED FOR TAX SALE Tbe City Manager stated that be had analyzed those properties listed by the Arapahoe County Treasurer for tax sale for delinquent property taxes as well ae those delinquent on Paving Districts No. 6 and 7. Be stated there were so.a properties which were delinquent on all three lists and be would make a report to the Council on this matter in the near future. He suggested that it would be advisable for the City to purchase those certificates for it• protection should tbe need arise. The City Attorney agreed that that would be a good and legal procedure. CONSIDBRATION OF BILLS, CLAillS, AND INVOICES FOR THE llONTH OF OCTOBER, 1959 COUNCILMAN HILL llOVED, COONCILMAH KREILIHG SBCONDBD, THAT TBB BILLS, CLAillS, AND IlfVOICBS LISTED BY THB CITY CLERK FOR THB llOlfTR OF OCTOBBR, 1959 Alfi> APPROVBD BY TBB CITY MANAGER, BE ADLOWED AND RAID. Upon tbe call of tbe roll, the vote resulted as follows: Ayes: Councilmen Braun, Brownewell, Graham, Hill, Kreiling, Martin, llcLellan, Woods, Scott. Nays: None. A been t : Hone. The llayor declared the motion carried. Minutes of November 2, 1959 MAYOR'S CHOICE The City Manager inquired how many Councilmen and other officials planned upon attending the American Municipal Association Convention in Denver. Discussion ensued. COU.:ILllAN BILL llOVBD, COUNCILMAN w=LELLAN SECONDED, THAT llAYOR SCO'M' AND COUMCILllAN BRAUN BB AUTHORIZED TO ATTBND THB AllBKICAN MUNICIPAL ASSOCIATION CONVENTION AS aBPaBSENTATIVES OF ENGLEWOOD AND THAT THB aB- GISTRATION AND ALLIBD EXPBNSBS BE PAID BY THE CITY. Upon the call of the roll, the vote resulted as follows: . Ayes: Councilmen Braun, Brownewell, Graham, Hill, Kreiling, Martin, llcLellan, Woods, Scott. Nays: None. Absent: None. The llayor declared the motion carried. Council ... n Braun informed the Council that be had been appointed to the A .. rican Municipal Association Committee for the purpose of studying the National Municipal Policy on Atomic Energy. The llayor congratulated Councilman Braun upon bis appointment. ANNOOJ«:BllBNT OF COUNCILMAN GRAHAM'S MOVING OUTSIDE OF THB CITY Councilman Graham reported to the Council that be was leaving District 3 on or before November 7th to establish residence outside of the City, Be expressed bis appreciation to the Council for the continuing pleasuee of serving with them and stated that be would not formally resign due to the short ti11e until the new Council would take off ice. The llayor expressed on behalf of the Council, their thanks to Councilman Graham for his continued excellent service as a member of the Council and on behalf of the City and bis community. DISCUSSION OF llULTI-FAlllLY CONVERSION OF ODDBR HOMES Councilaan Brownewell discussed the problem of the older homes in various areas of Englewood being converted to multiple family dwellings which leads to a very serious parking problem. The City Manager commented that the City cannot regulate public parking on public streets other than to limit the length of time that anyone may park on those particular stre•ts. Council ... n Beownewell stated that be knew of a resident that was not able to park in front of bis own house due to this problem and asked what could be done about this. The llayor asked the City Attorney to review the zoning ordinance to deteraine if there is provision for establishing off-street parking in this case as set forth this evening. ADJOURN COUNCILllAN BRAUN MOVBD, COUNCILMAN MARTIN SECONDED, THAT THE MEETING BB ADJOURNED. Upon the call of the roll, the vote resulted as follows: Ayes: Councilman Braun, Brownewell, Graham, Hill, Kreiling, Martin, llcLellan, Woods, Scott. Nays: None. Absent: None. The llayor declared the meeting adjourned at 11:10 P.M. /s/ B. o. Beausang City Clerk-Treasurer Clerk of the Council Tbe minutes of the meeting of the City Council of the City of Englewood, Colorado, held on the 2nd day of November, 1959 A.D. stand approved as written this 7th day of December, 1959 A.D. I I I I