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HomeMy WebLinkAbout1974-01-21 (Regular) Meeting MinutesI I COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO JANUARY 21, 1974 REGULAR MEETING: The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on January 21, 1974 at 8:25 P.M. Mayor Henning, presiding, called the meeting to order. The invocation was given by Councilman Brown. The Pledge of Allegiance was led by Boy Scout Troop No. 154. The Mayor asked for roll call. Upon the call of the roll, the following were present: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Absent: None The Mayor declared a quorum present. Also present were: City Manager Dial City Attorney Berardini Assistant City Manager Mccown Director of Finance Nollenberger Fire Chief Hamilton Director of Utilities Carroll * * * * * COUNCILMAN DHORITY MOVED AND COUNCILMAN BROWN SECONDED A MOTION THAT THE MINUTES OF THE REGULAR MEETING OF JANUARY 7, 1974 BE APPROVED AS AMENDED TO ADD COUNCILMAN BROWN AND MUNICIPAL JUDGE SWEARINGEN TO THE SWEARING-IN CEREMONY AT THE PREVIOUS MEETING. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henning. Nays: None Absent: None The Mayor declared the motion carried. * * * * * ~ Meeting o f J a nua r y 21 , 1974 2 Ma y o r He n ning introduced the following citizens from the l i st o f Special Citizen Program Invitees. Mr. Wi ll iam H. Green, 3601 So. Fox, Precinct No. 4. * * * * * Dr. J e s s Gerardi, Band Director of Englewood High School, J im Pow ers, Dr um Major, and Rodney Reuter, Band President, appeared bef o re Coun c i l t o request fun < s for the summer band concert tour. Mr. Reute r s t a t ed tha t hard work had gone into all the public ap p ear a n c es t ha t t he band had given, and that the band requested t he Council's supp o rt. Mr. Powers stated that the band was a powerful fo r c e a t Eng l ew ood High School and serves many of the s tudents who cannot parti c ip ate in sports. Dr. Ger a rdi summarized the trip and the contributions by other organiza t i o ns to it. Mayor Henning stated that the Council was very proud of th e Englewood Hig h School band and any action ensued this evening s houl d not be taken as being detrimental in nature. Counci l man Sovern stated that he was favorably disposed towa r d th e contri b ut ion. Councilman Bl essing stated that he felt very strong about th i s and t ha t it was a real education for the kids. Counc i lman Anderson stated that he questioned if the City wa s i n t he edu cat io n business. However, he felt it was of great ed u ca tio n al v alue to these kids. Councilm an Dhority stated that he questioned if this was app r op r iate for the Ci ty t o do. Co u ncilm an Mann stated that he was all for the contribution. He sa i d th e stud en t s were raising $28,000 to $30,000 on their own and do re p re s e nt the Cit y of Englewood and the State of Colorado. Co uncilma n Brown stated that since we do not have a youth ce nt er in t he City i t was an opportunity to contribute to the future l e a der s o f Englewo od. Ma yo r Hen ning stated that she felt some reluctance as had al r eady bee n e xp r es sed by other Council members. Councilm an Dhority reiterated that he felt that it was a v ery wo r thwhile trip, but questioned whether the City should pa r t i c i pa te. I I I I Mee t ing of January 2 1, 19 7 4 3 Co uncilm an Mann stated that this was a public school, not a p rivate scho ol. Councilm an Dhority stated that the taxing powers of the pub l i c school s sho uld support this, since they were representing th e En glewood Hi gh School. Coun cilma n Blessing stated that he had not seen a flood of r equ e sts a s a r esu l t of Council giving money of this sort, and felt that it was legit ima t e. COUNCILM AN BLESSING MOVED AND COUNCILMAN MANN SECONDED A MOT I ON TO CON T RIBUTE $2 ,000 TO THE ENGLEWOOD HIGH SCHOOL PIRATE BA ND T O ATTEN D MAJ OR EVENTS IN THE NORTHWEST IN THE SUMMER OF 1974. Up on the call o f the roll, the vote resulted as follows: Ayes : Co uncil Members Sovern, Mann, Blessing, Brown. Nays : Co u nc il Members Anderson, Dhority, Henning. Ab sent : None Th e Ma yo r d e cl a red t he motion carried. * * * * * Mr. Don Ni s be t and Mr. Bill Haldeman of the firm of Lonco , I n c ., Consul ti n g Engineers, appeared before Council to present a r ecommen da t ion for construction of two fire stations to be lo ca t e d at Oxford and Federal, and South Tejon and South Umatilla S t r eets . Mr. Nesb e t s t ated that the low bidder was Bickell Const r u c t i on Compan y. However, their bid did not include City use ta x, which had t o be added to bring it to a total of $26J,J6J, with alt ernate num ber 2 added. He recommended the acceptance of the bid e v en though it was $20 ,000 over estimate, stating that the clos e p r oximit y of other bids indicated its legitimacy. He felt there was lots of intere s t in this project from sub-contractors since ·many of them bid. He recommended alternate number 2, but not alternate number 1 a f t er f u r t her investigations. City Atto r ney Berardi n i gave a brief summary of the availability of land l o c at io n s and explained condemnation pro- ceedings i n the case of o n e lot near the Umatilla and Tejon location. Councilman Dhority questioned awarding the contract when we do not have poss ession of the site. He felt that we should wait until the f inal cond em n ation. Councilman So vern stated t ha t we should plan ahead to include condemnation in t he t ime schedule, but felt we should go a h ea d at this time . 4 Meeting of January 21 , 1974 4 COUNCILMAN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO AWARD THE BID TO BICKELL CONSTRUCTION IN THE AMOUNT OF $26J,J6J FOR BASE AND ALTERNATE NO. 2 FOR TWO FIRE STATIONS. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Blessing, Brown, Anderson, Henn ing. Nays: None Absent: None The Mayor declared the motion carried. * * * * * Mr. Jim Lucero, 3150 So. Delaware St., appeared before Council. He stated that while awaiting the bus in the City of Englewood this morning, it had passed him by needlessly. When he caught up with the bus, he felt the bus driver was very uncourteous in his manner to him as a passenger. He felt that this was the rule, rather than the exception with this bus driver, and that he needed some sort of public relations course. Councilman Anderson stated that he had heard some similar comments from citizens concerning this bus driver. City Manager Dial stated that he understood that the bus driver was an abrupt individual, but that this contact went beyond that. Mayor Henning thanked Mr. Lucero for coming forward with his concern. * * * * * Mr. Green, of the Special Citizen Invitees, stated that he wanted to thank the Council for inviting him to this meeting. * * * * * Mayor Henning reminded the Council of the District J meeting of the Colorado Municipal League to be held in the near future. * * * * * Councilman Anderson stated that many citizens have objected to the advance payment for a quarter method gone to by Colorado Disposal, Inc. for trash collection. He stated that after talking to the gentleman there, he learned that individuals could pay one month at a time. * * * * * I I I I Meeting of January 21, 1974 5 Councilman Sovern gave a report on the DRCOG meeting he recently attended. He stated that he objected to the non-avail- ability of informa tion prior to the meeting. They discussed both sewage treatment and emergency medical treatment. He felt the emergency medical treatment discussed was a lesser coverage than currently maintained in the City of Englewood. * * * * * Councilman Anderson stated that he had brought the subject of the Owens Construction Company request up at the recent Planning and Zoning Commission meeting as made at the previous Council meeting. No consideration was given to it by the Planning and Zoning Commission. Councilman Brown stated that Planning and Zoning was looking at the zoning for the new annexation area and attempting to come up with a final zoning. * * * * * Councilman Dhority recapped the progress report on the performing arts in the City of Englewood, as submitted by the Library Director. * * * * * Councilman Anderson inquired why minutes were so late in coming to the City Council from the boards and commissions. City Manag er Dial sta ted that Planning and Zoning commission had a policy of not sending them out to the Council until approved by those commissions. * * * * * The following communications were received for the record. Minutes of the Board of Career Service Commissioners meeting of December 13, 1973. Minutes of the Planning and Zoning Commission meetings of November 2 7 and December 4, 1973. Minutes of the Englewood Employees Retirement Board meeting of January 3, 1974. Minutes of the Library Board meeting of January 8, 1974. Minutes of the Water and Sewer Board meeting of January 15, 1974. Meet ine o f January 2 1 , 19 ?4 6 Memorandum from the Director of Public Works to the City Manager relative t o the schedule for the completion of four miscellaneous storm drainage basins. Memorandum from the Director of Libraries to the City Manager discussing a program of Performing Arts in Englewood. Letter from Mrs. Maida Navis, Executive Director of Inter-Faith Task Force, expressing appreciation for monies granted to the agency and enclosing information relative to the work of the organization in the community. * * * * * City Counci l received a recommendation from the Chairman of the Water and Sewer Board to enter into an encroachment agreement on the City ditch right-of-way on the 3700 block of South Cherokee. Director of Utilities Carroll stated that Mr. Corah wants to enclose a 70 ft. open ditch on his property in order to encroach upon it for a parking lot. Councilman Brown questioned Mr. Carroll as to whether he saw an advantage in closing it. Mr. Carroll stated that the advantages to the utility operation would be to reduce maintenance for utility purposes. Councilman Blessing left the room at 9:45 P.M. City Manager Dial stated that there was a question before the Parks and Recreation Commission previously on this type of closing. They felt that since so much of the City ditch was already enclosed, that it would be OK to further enclose minor sections of it. Direct o r of Utilities Carroll stated that the ditch was closed on both sides of Mr. Corah's property, except for this 70 ft. right-of-way. COUNCILMAN DHORITY MOVED AND COUNCILM~ SOVERN SECONDED A MOTION TO APPROVE AN ENCROACHMENT AGREEMENT ON THE CITY DITCH RIGHT-OF-WAY ON THE 3700 BLOCK OF SOUTH CHEROKEE. Upon the call of the roll, the vote resulted as follows: Ayes: Counc il Members Dhority, Sovern, Mann, Brown, Anderson, Henning. Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. * * * * * I I 'I I Me et ing of J an u a ry 2 1, 1974 7 7 Council recei v ed a recommendation from the Chairman of the Water and Sewer Boa r d to en t er i nt o a contract wit h Cornell, Howland , Hayes and Me r ry fie l d for the water study analysis for the City of Englewood . Directo r o f Ut ili t ies Carroll explained the contract and its intent i ons to Counc il. City Mana ger Dial reminded Council that the funds would need to be r e -approp ria t ed since they l apsed at the end of 197J. Councilman Sovern stated that we should not go ahead with the final design serv ices as enclosed in the contract, although we should go ahead with t he rest of it. Mayo r Henn ing inquired whether final design services would require addition al Board and Council approval to proceed. Director of Utilities Ca rroll replied in the affirmative. Councilman Brown inquired as to how CH 2 M would react to a r e striction o f this sort. Director of Utilities Carroll stated that it was n orma l in any s t udy. COUNCILMAN SOV ERN MO VE D AND COUNCILMAN ANDERSON SECONDED A MOTION TO ACCEPT AN AGREEMEN T WITH CORNELL, HOWLAND, HAYES AND MERRYFIELD WITH THE PROVISO THAT THE EXTENSION OF SERVICES FOR FINAL DESI GN P HASE BE BROUGHT TO THE COUNCIL BEFORE COMMENCEMENT. Upon the call of th e roll, the vote resulted as follows: Ayes : Council Members Dhority, Sovern, Brown, Anderson, Henning . Nays : None Abstain : Coun ci l Member Mann. Absent : Coun c il Member Blessing. The Mayor declared the mo tio n carried. * * * * * Council rece i v e d a recommendation from the Chairman of the Water and Sewer Boa r d that t he City approve an agreement with the Denver Urban Rene wal Au th ority to evaluate and implement the provisions o f the Un iform Relocation and Real Property Acquisition P olic i es Ac t of 1970 a s it applies to the acquisition of real p r op er ty f o r the Bi -City Waste Water Treatment Plant, and authorize the Mayo r to sign on behalf of the City when the Agreement is in p r op er fo r m. ~ Me et ing o f January 21 , 1974 8 Directo r o f Utilities Carrol l stated that there would be displacement of peo ple in hom e s and businesses which must be compensated for in o r d er t o qualify for the Federal grant. He stated that the City ha d used the Denver Urban Renewal Authority (DURA) for relocation s erv i ces in the Greenbelt Park area, and that the Water an d Se wer Boa r d r ec omm en ded t hem here at a cost not to exceed $5 ,000 . 75 % o f the cost of relocation expense is reimburseable from the Federal Government. Mayor Henning s t at ed tha t since we must abide by this provision in order to qu a l ify for grant, we are contracting with DURA to do so . COUNCILMAN BROW N MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE AN AGR EE MENT WITH THE DENVER URBAN RENEWAL AUTHORITY TO EVALUATE AND I MPLEMENT PROVISIONS OF THE UNIFORM RELOCATION AND REAL PRO P ERTY ACQUISITION POLICIES ACT OF 1970 AS IT APPLIES TO THE ACQUISITION OF REAL PROPERTY FOR THE BI-CITY WASTE WATER TREATMENT P LANT, AND TO AUTHORIZE THE MAYOR TO SIGN ON BEHALF OF THE CITY WHE N THE AGREEMENT IS IN PROPER FORM. Upon the call of the roll , th e vo t e resulted as follows: Ayes : Council Members Dhori t y, Sovern, Mann, Brown, Anderson , Henning . Nays : Non e Absent : Co u nc il Member Blessing. The Mayor declared the mo t ion carried. * * * * * Councilman So vern intr o duced a candidate for the Planning and Zoning Commission o r the Parks and Recreation Commission, Mr. Donald Seymou r. * * * * * COUNCILMAN DHORITY MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO AP PROVE A REQUEST FOR THE RENEWAL OF A J.2 BEER LICENSE FOR SH AK EY'S PIZZA PARL OR, 3281 SOUTH SANTA FE DRIVE, ENGLEWOOD. Upon the call of the roll, the vote resulted as follows: Ayes : Counc i l Me mb e r s Dhority, Sovern, Mann, Brown, Anderson , Henning . Nay s : No ne Ab s e nt : Council Member Blessing. The Mayor declared the mot i o n c a rried. * * * * * I I I I Meeting of January 21, 1974 9 9 Council r ec eived a recommendation from the Director of Financ e and the Dire c tor of Utilities awarding the bids for the c ont r act o f Je fferson Interceptor Sewer. Directo r o f Ut ili t ies Carroll stated that this inter- c ep t o r s ewer line would s er v e an a rea o f Cherry Hills which is c urr entl y e xpanding . There has been a 7 5% EPA grant, as well a s a $56 ,000 contribut ion by t h e Cherrymoor Sanitation District. COUNCILMA N DHORITY MOVED AND COUNCILMAN BROWN SECONDED A MO T I ON TO APPR OVE TH E AWARD OF A BID TO THE DYE CONSTRUCTION COMPANY IN THE AM OUNT OF $74 ,6 7 2 .10 FOR THE CONSTRUCTION OF THE JEFFERSON IN TE RCEPTOR S EWER. Upon the call of the roll, the vote re su l t ed as f o l l ow s : Ayes : Counc il Members Dhority, Mann, Brown, Anderson, Henning . Nays : No n e Abstain : Council Member Sovern. Ab sen L: Council Me mbe r Bl ess ing. The May o r decl a r e d the mot i o n carried. * * * * * City Atto rney Berardini began discussion of a Bill for an Or d i n a nce autho rizing the creation of a special fund to be known as the Bi -City Was t e Wate r Treatment Plant Fund. He s tated t h at t h i s Fund would account for the expenses and revenue s f o r the Bi-Ci ty Treatment Plant. I NT RODUCED AS A BI LL BY COU NCI LMAN MANN. A BILL FOR AN ORDINANCE AM E NDIN G CHAPT ER 5, TITLE XIII OF THE 1969 E.M.C., BY ADOPTING A NEW SE CTION CREATING A SPECIAL FUND TO BE KNOWN AS THE CITY OF ENG LE WOOD "B I -CI TY TR EATMENT PLANT FUND", SPECIFYING THE SOURCES OF RECE IPTS THEREFOR, AND THE PURPOSES OF EXPENDITURES THERE F ROM . COUNCILMAN MAN N MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BILL FOR AN ORD I NANCE AUTHORIZING THE CREATION OF A SPECI AL FUND TO BE KNOWN AS THE BI-CITY SEWER TREATMENT FUND. Up o n the call o f the roll, t he vote resulted as follows: Meet i ng o f Janua r y 21 , 1974 10 Ayes : Coun c i l Members Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays : No n e Absent : Coun c il Member Blessing. T he Mayor declared th e mot i o n c arried. * * * * * City Atto rney Berardini began discussion of a Bill for an Or di nance autho ri z i n g t he creation of a special fund to be known as the S e lf -Insuranc e Fund. He stated th at this would account f o r all of the employee be n efit insurances i n t he City. INTRODUCED AS A BILL BY COUNCI LMAN DHORITY. A BIL L FOR AN ORDIN ANCE AMENDIN G CH APTER 5, TITLE XIII OF THE 1969 E.M.C. BY ADOPT I NG A NEW SECTIO N CREATING A SPECIAL FUND TO BE KNOWN AS THE CITY OF ENGLEWOOD "SEL F-IN S URANCE FUND", SPECIFYING THE SOURCES OF RECEIPTS THEREFOR , AND THE PURPOSES OF EXPENDITURES THEREFROM. COUNCILMAN DHORITY MOVED AND COUNCILMAN ANDERSON SECONDED o MOTION TO APPROVE A BILL FOR AN ORDINANCE AUTHORIZING THE CREATION OF A SPECIAL FUND TO BE KNOWN AS THE SELF-INSURANCE FUND. Upon the call o f the r oll , t he vote resulted as follows: Ayes : Co uncil Members Dhority, Sovern, Mann, Brown, Ande r son , Henning . Nays : Non e Absent : Cou ncil Member Blessing. The Mayor declared th e motion carried. * * * * * I City Atto rney Berardini began discussion of Bills for I Or d i nances approv i n g agreements with RTD and the City of Englewood r elating to fixed mont hly payments in support of the operation of · the Denve r Met r o Tran sit and .the Englewood-Littleton-Fort Logan bus line. I I Mee t ing of Janu a ry 2 1 , 1974 11 Mr. Ber a r d ini stated that the DMT contract was around $31 ,000 f o r 1 9 74 , a nd that this contract would help to offset the City's def icit with RTD having the right to speak on transit service. The amount of the cont ra ct for the DMT support is $1,350.00 a month. INTRODUCED AS A BILL BY COUNCILMAN BROWN. A BILL FOR AN ORDINANCE APPRO VI NG AN AGREEMENT BETWEEN THE REGIONAL TRANSPORT ATION DIS TRIC T AND THE CITY OF ENGLEWOOD RELATING TO FIXED MO NTHLY PAYME NTS IN SUPPORT OF THE OPERATION OF DENVER METRO TR ANSIT WITH IN THE CITY OF ENGLEWOOD, COLORADO. COUNCILMA N BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING AGREEMENT WITH RTD RELATING TO SUPPORT OF THE OPERATION WITH THE DENVER METRO TRANSIT LINE IN E NGLEWOOD. Upon the call of the roll, the vot e resulted as foll ows: Ayes : Co unci l Members Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays : None Absen t : Counc i l Member Bl essing. The Mayor declared th e mot io n carried. * * * * * City Attorn ey Berardini stated that the second ordinance was for the Englewoo d-L ittleton-Ft. Logan bus line in the amount of $2 ,400 a month . Councilman So vern questioned whether the City could generate an inte r nal b u s system in the future, or whether the RTD transit system woul d pre-empt t he City. Ciuy Manager Dial stated that we coul d cu rrently have a Senior Surrey. Councilman Mann questioned whether we could have neighbo r hood routes if t he City Council saw fit. Mayor Henn i n g stat ed th at this was meant to be a regional , as well as an in t ra-city, route setup. Councilman Sovern stated that if RTD does not have any controls over them , s uch as the Public Utilities System, the City could have big t roubl e ge t ting the district to provide local service. Meeting of Janua ry 21, 1974 12 INTRODUCED AS A BILL BY COUNCILMAN BROWN. A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE REGIONAL TRANS- PORTATION DISTRICT AND THE CITIES OF LITTLETON AND ENGLEWOOD, COLORADO, RELATING TO THE OPERATION OF A PUBLIC MASS TRANSIT SYSTEM KNOWN AS THE ENGLEWOOD, LITTLETON, FORT LOGAN BUS LINE, AND THE ASSUMPTION BY THE RTD OF COSTS OF OPERATION THEREOF. COUNCILMAN BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH RTD RELATING TO THE ENGLEWOOD-LITTLETON-FORT LOGAN BUS LINE. Upon the call of the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Brown, Anderson , Henning. Nays: None Absen t : Council Member Blessing. The Mayor declared the motion carried. * * * * * City Attorney Berardini began discussion of an Ordinance amending the Police Department salaries. that this was the result o f the ag r eement between t h e Lhe Police DeparLment . INTRODUCED AS A BILL BY COUNCILMAN ANDERSON. A BILL FOR a Bill for He stated City nnd AN ORDI NANCE AMENDING SECTION 9 (a), CHAPTER 6, TITLE V, OF THE 1969 ENGLEWOOD MUNICIPAL CODE RELATING TO COMPENSATION FOR POSITIONS IN THE POLICE DEPARTME NT WITHIN THE CITY OF ENGLEWOOD AND DECLARING AN AMERGENCY. COUNCILMAN ANDERSON MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APPROVE A BIL L FOR AN ORDINANCE AMENDING THE POLICE DEPARTMENT SALARIES. Upon the call o f the roll, the vote resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays: None Absent: Council Member Blessing. The Mayor declared the motion carried. * * * * * I I I I Meeting of January 21, 197413 lJ Ci ty Att orney Berardini began discussion of a Regolution e st a bl is h i ng annua l salaries for the City Manager, Municipal Judge, Associat e Judges , Ci t y Att orney, Assistant City Attorney, and De puty City Atto r n ey. Director o f Fi n ance No l lenberger stated that the City Manager 's snlary s ho u ld be a me n ded to st ate t hat "9.4% will be deferred compensation ($2 ,66 5)." RESO LUTION NO. ~ , SERIES OF 1974 A RESOLUTION ESTABLISH ING ANNUAL SALARIES FOR THE CITY MANAGER, MUNICIPAL JUDGE , ASSO C I ATE JUDGES, CITY ATTORNEY, ASSISTANT CITY ATTORNEY , AND DEPUT Y CIT Y ATTORNEY. (Copied in f ull i n the Official Resolution Book.) COUNC I LMA N BR OWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE RESOL UTIO N NO. 2, SERIES OF 1974. Upon the call of the roll , the vo te resul t ed as follows: Ayes : Counci l Members Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays : Non e Absent : Co u nc il Member Blessing. The Mayor decla r ed the moti o n carried. * * * * * Di r ecto r of Ut ilities Carroll stated that the resolution enclosed would auth orize negotiations for the purchase of property needed fo r the Bi -C i t y Waste Water Treatment Plant, and that it was he last parcel nec essary. Councilman Sovern stated tha t it became feasible to pur chase this as soon as the value of a well was transferred off of the value of th e p r o perty. RESOLUTI ON NO. 2 , SERIES OF 1974 A RESOLUT I ON DESIG NA T ING CERTAIN REAL PROPERTY AS BEING REQUIRED FOR THE EX PA NSION OF THE WASTE WATER TREATMENT PLANT OF THE CITY OF ENGLE WOOD AND AUTHO RIZING THE ACQUISITION THEREOF. (Cop i ed in full in t he Official Resolution Book.) COUNCILMAN DHORITY MOVED AND COUNCILMAN SOVERN SECONDED A MOTION TO APP ROVE RESOLUTION NO. J, SERIES OF 1974. Upon the call o f th e r oll , th e vote resulted as follows: 14 Meeting of January 21 , 1974 14 Ayes : Council Members Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays: None Absent : Council Member Blessing. The Mayor declared the motion carried. * * * * * City Atto rney Berardini began discussion of Resolution relative to the appoin tment of special counsel for the Atchison Ranch litigation . He gave a brief history of the Atchison Ranch case, stating that it had been to the Supreme Court who had instructed a re-trial. Mr. John Criswell had lived with this case since its incep tion . He felt the best position for the City would be at this time to employ Mr. Criswell as special counsel, since the cas e ran into the millions of dollars. City Attorney Berardini reviewed the damages asked for by the Atchisons in thi s case. RESOLUTION NO. ~ , SERIES OF 1974 A RESOLUTION APPOINTING JOHN A CRISWELL OF CRISWELL AND PATTERSON, ATTORNEYS AT LAW, ENGLEWO OD, COLORADO, AS SPECIAL COUNSEL IN AN ACTION ENTITLED "ALFRED P. ATCHISON AND IDA MAE ATCHISON, AS PLAINTIFFS , VS . THE CITY OF ENGLEWOOD, A MUNICIPAL CORPORATION, AND MARTIN-MARIETTA CORPORATI ON, A MARYLAND CORPORATION, AS DEFENDENTS." (Copied in full in the Official Resolution Book.) COUNCILMAN SOVERN MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE RESOLUTION NO. 4, SERIES OF 1974. Upon the call of th e roll , the vot e resulted as follows: Ayes: Council Members Dhority, Sovern, Mann, Brown, Anderson, Henning . Nays: None Absent: Council Member Blessing. The Mayor declared the motion ca rried. * * * * * City Attorney Berardini gave to Council a copy of the Judge 's findings of the Daryl Fountain case, stating that the Judge had found modification of the comtract by implication. * * * * * I I I I Meeting of January 21, 1974 l:.> COUNCILMAN SOVERN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO APPROVE A RECOMMENDATION THAT LAB TECHNICIAN GRADY BRACKEEN , POLICE DE PARTMENT, BE PERMITTED TO ATTEND A TWO-WEEK COURSE IN LAW ENFORCE MENT PHOTOGRAPHY TRAINING AT THE F.B.I. ACADEMY IN QUANTICO , VIRGINIA. ALL MAJOR COSTS WILL BE BORNE BY THE FEDERAL BUREAU OF IN VESTIGATION. Upon the call of the roll, the vote resulted as f ollows : Ayes : Council Members Dhority, Sovern, Mann, Brown, And e r so n , Henni ng . Nays : Non e Absent : Council Member Bles s ing. The Mayor declared th e motion carried. * * * * * City Mana ger Dia l presented a memorandum to the Council, a memoran d um fr om t he As sis t ant Ci t y Manager to the Ci t y Manager recommending a budget a me n dment for increased manpower at the Was te Water TreatmP.nt P l a n t. Mr . Dial s ta t ed that there was need for additional manpowe r at the plant . COUNCILMAN ANDE RS ON MOVED AND COUNCILMAN MANN SECONDED A MOTION TO APPROVE TH REE NEW POSITIONS AS STATED IN THE MEMORANDUM. Upon th e call of the roll, the vote resulted as follows: Ay es : Coun cil Members Dhority, Sovern, Mann, Brown, Ande r son , He nning . Nays : Non e Absent : Council Member Blessing. The Mayo r decla r ed t he motion carried. * * * * * - Council r e c eived a request for authorization for the Mayor to sign a rev ised contract with the State Highway Department for maintenance of S out h Broadway Street. Ci ty Manage r Dial stated that the memorandum was fairly comprehensive . He fel t t hat it was a fair contract for reimbursement of these ex penses . Meeting of January 21 , 1 974 16 Councilm an Anderson inquired whether they had decided on widening on Broadway fr o m So uth o f Quincy. Ci t y Manager Dial state d that the Highwa y De pa rtment was still consider i ng it. COUNCILMAN SOVERN MOVED AND COUNCILMAN BROWN SECONDED A MOTION TO APPROVE A REVI SED CONTRACT WITH THE STATE HIGHWAY DEPARTMENT FOR MAINTEN ANC E OF SOUTH BROADWAY AND TO APPROVE THE AUTHORIZATION FOR THE MAY OR TO S IGN I T . Upon the call of the roll, the vote resulted as follo ws : Ayes : Council Member s Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays : None Absent: Counc i l Me mber Blessing. The Mayo r declared th e moti on carried. * * * * * City Mana g e r Di al introduced the subject of the sales tax confidentiality . He stat ed that the staff was currently looking at a revision o f th e policy concerning sales tax disclosure. He inquire d whether Counc i l wan t ed t o release the information relative to the Broa d wa y s t rip. Councilman So vern stated t hat the information should be available to the gen eral public. • COUNCILMAN AND ERSON MOVED AND COUNCILMAN DHORITY SECONDED A MOTION TO MAKE AVAIL ABLE THE INFORMA TION IN THE MEMORANDUM AS LONG AS IT PROTECTS THE INDIVIDUAL BUSINESSES CONFIDENTIALITY. Upon the call of th e roll, t he vote resulted as follows: Ayes : Counci l Members Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays : None Ab sent : Council Me mb e r Bl ess i n g. The Mayor declared the mo ti on carried. * * * * * City Manag er Dial stat ed that a citizen adjacent to Federal Blvd . has r e q ues t ed a signal closer to the Centennial Acres Shopping Cente r due t o the injury of a child down there recently . He stated th a t t he staff p l anned to go ahead with the signal unless Counc il objected. * * * * * I I I I Meeting of January 21, 1974 17 City Manag er Dial stated t hat the City had taken bids on police vehicles as st ated in the enclosed memorandum. Director o f Finan c e Nollenberger explained the bid procedu r e and the recomme n d e d bid t o Council. Mayor Henning s t ated that she felt the City should purchase more of the int ermediate size cars with smaller engines. There was g e n eral concensus that the Council would talk to the Chiefs at the ne x t Council meeting to discuss the size of the automobiles . * * * * * Councilman Dho ri t y state d t hat the Council needed to start considering the Core Area as the City Center in an attempt to make the plan into a Council pl a n for the Core Area. * * * * * COUNCILMAN BROWN MOVED AND COUNCILMAN ANDERSON SECONDED A MOTION TO ADJOURN . Upon the cal l o f the roll, the vote resulted as follows : Ayes : Council Me mbers Dhority, Sovern, Mann, Brown, Anderson , Henning . Nays : Non e Absent : Co un c il Member Blessing. The Mayor declar e d the motion ca rr ied and the meeting was adjourned at 11 :50 P .M. EX OFFICIO CLERK OF THE COUNCIL