HomeMy WebLinkAbout1993-07-19 (Regular) Meeting MinutesI
I
I.
ENGU:WOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Joly 19, 1993
Call ID Order
The regular meeting of the Englewood Cil)' Council was cal led to order by Mayor Wiggins at 7:lS p.m.
2. lavocatioll
The in,'OCOlioo was given by Council Member Bullock.
3. Pledp, ol Allegiance
The Pledge of Allegiana: was led h) Ms j'or Wiggins.
4. Roll Call
Present: Council Membcn HDU:•·N>.,y, Saunde,s, Bullock, Habenich~ Wiggins
Council Membcn (I ~j•. ,\'•ggoncr Absent
A quorum was present
S. Miaata
Also present : Acli.og Cil)' Manager Hayes
City Attorney DeWitt
Assi5laot City Manager Reid
Assislanl Cily Manager Wedding•><Xllt
Deputy City Ch,rt Ellii
Dinctor Esmly, Public Worts
Director Merkel , Comntunily De\-elopment
Ci1y Clerlt Crow
(a) COUNCIL MEI\IBER BULLOCK MOVED, AND IT WAS SECONDED, TO
APPROVE TIil: MINUTES OF TIil: SPECIAL MEETING OF JULY 6, 1993,
Ayes: Council Members Bullock, Saunders. Hatha,.ny , Habenich~ Wiggins
Nays : None
Absent: Council Members Waggoner, Gulley
Motion carried.
(b) COUNCIL MEMBER SAUNDERS MOVED, AND IT WAS SECONDED, TO
APPROVE mE MINUTES OF mE PUBLIC BEARING OF JULY 12, 1993,
Ayes : Council Members Bullock, Saunders , Hathaway, Habenicht , Wiggins
Nays : None
Absent : Council Members Waggoner, Gulley
Motion carried.
l!nal""'--...1 Ciry Council Minutes
July 19, 1!193
Pagel
6. Pre-1d1eduled Visitors
(a) Dcl,by Pool . 1431 East Cornell Avenue, rq,rcsenting a group or homeowners fr om
Arapahoe Acres. rcques1ed Council n:considcr their decision to n:novatc and n:nt the Larry Scott property
ar 293 I South Franklin. She acknowi ::dged the cconontlc i~111cs. Ms . Pool staled the homeowne rs
question whether it ls appl".>priale fo ·, the Ciry 10 be holding ttJs type or property. She emphasized that
this is a matter or gra\'c concern u Arapahoe Acres is a ve,y stable, owncr-ocaipied community and the
homeowners an: concerned about the irnp.lCI or n:ntal propcny upon their property val= Ms. Pool asked
Council to= the issue and sell the property upon completion or the n:novation in August.
Council Member Bullock siated he agn,cd "philosophically" that it is not gO\'Cmrncnr's place to be in the
business orl,cing a landlord.
Council Member Hathaway noted the property was dcc<!ed specifically to the Parks and Recreation
Department. She pointed oul that Council has not made a decision in formal session n:ganling the
disposition orlhe property . She explained that Council will cons ider all lhe options as \\'CIJ as the
n:commendatinns from lhe Parks and Recreation Commission and the Arapahoe Acres homeowners.
(b) Pal Osborn, 6075 South Field, Littleton, protested his treauncnt al the hands or Sweuish
Medical Center and the Englewood Police. He n:countcd an incident on lune 14, 1993 when be was taken
to S"'Cdish Medical Center follO\\ing an epileptic seizure. Mr. Osborn accused a male nurse or striking
him oo the chest after be ..tused to submit to tests and subsequently being denied the right to file a n:port
or the incident by the Englewood Police. He stated be reels be is being discriminated against.
City Attorney DeWitt noted this was not an isolated inciden~ that then: ba,'C been a series or contacts
bcl\\'CCn Mr. Osborn and Swedish Medical Center. He stated that the incident on lune 14, • ~93 was
investigated by the Police department and a n,port was filed ; that at the present time the tllcts dJ not
warrant the issuance or a citation against any one al Swedish; and al the present time the matter ls befon:
Municipal Coun and the City does intend to prosecute the case \\itb respect to the nurse . He expn:ssed
n:luct:lnce lo discuss the matter rurlher. not -.ishing to pn:judicc the trial .
7. Noa:ICbedulcd V'IJiton
\•i Jeanette F,yc, 3246 South Bannock. accused the Englewood Police or handcuffing and
beating up her son Mkbacl after he wa., stopped for a routine ticket in April . She expounded on the
specifics orllis treatmcnl which she considc•ed harassment. Ms . Frye explained she has allcmpted 10 go
through the City's •chain of command• to oo avail.
Acting City Manager Hayes confirmed th?.1 Ms, Frye has contacted a number or people al the City,
including Safely Scniccs Director Stanley and the City Managc(s Office. llld there bas been a fair
amount or investigation accomplished internally. ·
Assi51ant City Manager Reid .-:oncurrcd that the investigation is in progn,ss and he is hopcrul an equitable
solution will be reached.
Council Member Hathaway advised or the steps she had taken 10 follow-up on Ms. Frye's all egations and
pointed oul that Michael Frye is considered an adult
Council Member !lullock noted he has been with the City appro>.imatcly four years and during that time,
as both a Council member and independent auorncy , he has heard ma)tc two complrunls about the Police
I
I
I
I
l!ngl....-..,,! City Ccuncil Minulel
July 19, 1993
Pa&e3
Depanmenl He stated, from nis pcnpoctivc as an lllom,y, be consideted Englewood lo~, one d lhc
better police dcpanrncnts in lhc mcuo area. He expressed deep concern that Council has heard t>,•.,
allegations "back lo bad<.•
Mayor Wiggins assunxl I . Frye that be would follow-u ; nn her allegations and respond lo her both in
writing and by phone.
(b) Dave Pascal, an l!nglcwood businessman. c:,,:ors.<' :lle concept of a head tu.
8. Communications, Pn,clam1tlolu and Appointment,
(a) A rosolution appointing Matt Innes lo the H,\\ISing Autho ri ty was considered.
l11e resolution was assigned a number and read by title :
RESOL \ll1ON NO. 68 . SERJES OF I 993
A RESOLUTION APPOINTING MATT INNES TO TIii! HOUSIJ\ G A\11 HORllY FOR 1llE CITY OF
ENGLEWOOD , COLORADO.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS S~CONDr!I, TO APPROVE
RESOLUTION NO . 61, SERIES OF 1993.
Arcs: Council M,mbers Bullock. Saunders , Hathaway, Habcoich~ Wiggins
Nays: None
Absent Council Members Waggoner, Gulley
Motion carried.
The M yor pn,scnlcd a certificate and an Englewood pin 10 Mr. Innes.
(b)
cons idercd .
A rosolution appointing Mike Bleau lo the Planning and Z.,ning Commission was
The r=lution ,was assi gned a nwnbcr and read by title :
RESOLlJTION NO. 69 . SERJE S OF 1993
A RESOLUTION APPOINTING MIKE BLEAU TO THE PLANNING AND ZONING COMMJSSION
FOR THE CITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 69, SERIES OF 1993.
Ayes: Council Members Bullock, Saunders, Hathaw·,y, Habcnicb~ Wiggins
Na)~: None
Absent: Council Members Waggoner, Gulley
Motion carried.
(cJ A rosolution appointing Dorothy Manincz to the Liquor Licensing Autho,ity was
considered. Mayor Wiggins explained the provious r=lution appointing Ms . Martinez al the la.st
Counci l meeting reflected an incorrect date of expiration. Ms. Martinez' term cxpin,s Au,;ust 4, 1996 .
Ea,k,,ood Cily Council Minutes
July 19, 1993
"-le 4
The resolution was assigned a number and read by title :
RESOLtmON NO . 70, SERIES OF 1993
A RESOLtmON APPOINTING DORO'll!Y MARTINEZ TO THE LIQUOR LICENSING
A\IlllORITY FOR THE CITY OF ENGLEWOOD, COLORADO .
COUNCIL MEMBER HABENICBT MOVED, AND IT WAS SECONDED, TO M'PROVE
R.£SOLUTION NO. 70, SERIES OF 1993.
Ayes: Council Members Bullock ",aundcB, Hathaway, Habcni chl, Wiggins
Nays : None
Absent: Council Mcmbcn Wagsoncr, Gulley
Moti on carried.
(d) A proclamati on designa ti ng July, 1993 as Buy Recycled Products Month in Englewood
was considered.
COUNCIL MEMBER HA TUA WAY MOVED, AND IT WAS SECONDED, TO APPRO ,.; A
PROCLAMATION PROCLAIMING mE MONTH OF JULY, 1993 AS BUY RECYCLED
PRODUCTS MONTH IN THE CITY or ENGLEWOOD, COLORADO.
Ayes : Council Mcmbcn Bullock, Saunders. Hathaway, Habcnichl. Wiggins
Nnys: None
Absent: Council Membm Waggoner, Gulley
Motion carried.
9. Public Bearing
(a) COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO
OPEN mE PUBLIC BEARING TO GATHER CITIZEN INPUT ON THE ASSESSMENTS
ESTABLISHED FOR PAVING DISTRJCT NO. 36.
Ayes : Council Members Bullock, Saunders, HathaMy, Habenichl. Wiggins
Nays : None
Absent: Council Members Waggoner, Gulley
Motion carried and u,e public hearing opened.
Mayor Wiggins stated that the purpose of the public hearing is to consider the Paving Distri :t No. 36
assessments.
All testimony was presented under oath.
Director Es1erl y prO\i ded proof of notice of Public Hearing which was published in the Englewood Herald
on Jwtc 10, 1993 , June 17, 1993 and June 24 , 1993 . He noted that Council approved a bill for an
onlinana: June 7, 199 3 which established assessments for Paving District No . 36 . This propcny was
originally deleted from Paving District No. 34 as it was in Resolution Trust Mr Est•rly advised th31 a
handout has been provided to Council Members, and anyone interested in the audience, which conlllins a
calendar of events, a map of the site of the wort. a ~ical cross-section of the pavement and concrtte that
was inslallod, and the cum:nt actual cost of the pr-j.ct which has now been constructed .
In r<5p0nsc to Council Member Hathaway , Dir<ctur Es1erly confirmed that the propcny owner was not
present and had not expn:sscd any cona:ms about the project .
I
I
I
I
E.,.iewood aiy Council Minu1a
July 19, 1993
Page5
Tbcrc wu no one prcscnl to ,pcalL to the issue.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO CLOSE mE
PUBLIC HEARING.
Ayes : Council Membcn Bullock, Saundcn, Hathaway, Habcnich~ Wiggins
Nays : None
Absent: Cuuncil Membcn Waggoner, Gulley
Motion carried and the public hearing closed.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING AGENDA ITEM 9 (1) (l) AS FOLLOWS:
(i) ORDINANCE NO. n: SERIES OF 1993 (COUNCIL BILL NO . 33 ,
INTRODllCED BY COUNCIL MEMBER BULLOCK), ENTllLED :
AN ORDINANCE APPROVING nre WHOLE COST OF 11lE IMPROVEMEI-ITS MADE WITiilN
PA VJN(j DISTRJCT NO. 36 IN TilE CITY OF ENGLEWOOJ , COLORADO; APPROVING AND
CONFIRMING 11lE APPORTIONMENT OF 11lE COST TO EAO! LOT OR TRA~ OF LAND IN
S.'10 DISTRJCT, ASSESSING A SHARE OF 11lE COST AGAINST EACH LOT OR TRACf OF
LAND, AND PRESCRIBING 11lE MANNER FOR 11lE COLLECTION AND PAYMENT OF TilE
ASSESSMEIITS .
Ayes :
N3ys :
Absent
Motio n carried.
Council Mcmbcn Bullock. Saunders. Hathaway. Habcnich~ Wiggins
None
Council Mcmbcn Waggoner, Gulley
(b) COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO
OPEN mE PUBLIC HEARING TO GA mER CITIZEN INPUT ON mE ASSESSMENTS
ESTABLISHED FOR SPECIAL IMPROVEMENT DISTRICT 1992-EClC.
Ayes: Council Membcn Bullock. Saunders. Hathaway, Habcnich~ Wiggins
Nays : None '
Absent: Council Membcn Waggoner. Gulley
Motion carried and the public hearing opened .
Mayor Wiggim staled that the purpose oftbe public hearing is 10 consider the Special lmprovemenl
District 1992-ECIC wcssmc:nlS.
All lcstimony was pn,scnl~ under oalh .
Din:ctor Esterly provided proof of notia: of Public Hearing which was published in lhe Englewood Herald
on June 10, 1993, June 17, 1993 and June 24, 1993 . Ht advised that Council approved a bill for an
ordinance on June 7, 1993 establishing a=smcnlS for Special Improvement District Englewood
Commercial Industrial Center (ECIC) 1992. Mr. Esterly a,h;,cd thal a handoul has been provided to
Council Members. and anyone intc"'51cd in the audi ence, which contains a calendar or events, a map of
the site where the work occurred. and a typical cross-section of the str1'Cl that was provided at this
local.ion . He pointed out that there were also some drainage and water and sewer improvements at this
location. The assessable amount or this nrojcct is $297 ,033.S8 , he stated. which is significnnUy lower
than the original cstimale.
Englewood City Council Minuta
July 19, 1993
Pagc6
In rc,poosc 10 Council Member llalhaw:,y, Mr. Esterly confirmed ~ •4 the property owner was not present
and had not cxprosscd any ooncems about the proja;t.
There being no one present to speak to the issue, Mayor Wiggins asked for a motion to close the public
hearing.
COUNCIL MEMBER BULLOCK MOVED, AND !TWAS SECONDED, TO CLOSE THE
PUBLIC HEARING.
Ayes : Council Members Bullock, Saundcn, Hathaway, HabcnichL Wiggins
Nays : Nooe
Absent: Council Mcmbcn Waggoner, Gulley
Motion carried and the public hearing closed.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING AGENDA ITEM , (b) (1) AS FOLLOWS :
(i) ORDINANCE NO. 34 , SERIES OF 1993 (COUNCIL Bill NO . 35,
INTRODUCED BY COUNCIL MEMBER GULLEY), ENTI11.ED :
AN ORDINANCE APPROVING TIIE WHOLE COST OF nm IMPROVEMENTS MADE WITHIN
SPECIAL IMPROVEMENT DISTIUCT 1992 -ECIC IN lllE CITY OF ENGLEWOOD, COLORADO;
APPROVING AND CONFIRMING rat APPORTIONMENT OF TIIE COST TO EACH Wf OR
TRACT OF LAND IN SAID DISTIUCT, ASSESSING A SHARE OF nm COST AGAINST EACH
LOT OR TRACT OF LAND, AND PRESCRIBING lllE MANNER FOR TilE COIJ.EcnON AND
PAYMENT OF TIIE ASSESSMENTS.
In rcspcnsc to Council Member HabcnichL Acring Ciry Manager Hayes confmncd that the assessment
could be paid '>cf ore Scplembcr and rcccn'C a discount or added to the property ta.,es over a ten-year
period ..;th U fu>t payment due Januuy I, 1994.
Ayes:
Nays :
Absent:
Motion carried.
Council Memben Bullock, Saunders, Hatha"~Y. HabenichL Wiggins
Nooe
Council Mcmhcn Waggoner, Gulley
(c) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS 3ECONDED, TO
OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON AN AM.ENDMENT TO
REMOVE THE 2000-2300 BWCKS OF WEST CASPIAN PLACE FROM THE MASTER
STREET PLAN.
Ayes : Council Memben Bullock, Saunden, Hatha"~l'. HabenichL Wiggins
Nai·s: None
Absent: Council Mcmbcn Waggoner, Gulley
Motion carried and the public hearing opened.
Mayor Wiggins stated that the pwposc of the public beruing is to consider removal of the 2000-2300
blocks of West Caspian Place from the Master Street Pinn .
Director Merkel provided proof of notice of Public Hearing which"~ published in the Englewood Herald
on July I, I 993 . Heexploined that the City of Engl ewood annexed the Scenic View area of Englewood in
I
I
I
I
EnaJcwood Ciry Council Minuca
July 19, 1993
Page7
1157 and tho planninl procalCI througb tho 1960'1 and 1970'1 basically provided for some iDcrcascd
urbanization of that moa wbicb is tho most rural """ ol Englewood. The planning included identification
or Sll<CU in tho Maslcr SUcCI Plan, which is pan ol tho Cily'1 Comprohensivc Plan, that would make for
rypically sized cily lots which arc about half the siu of most of the lots in tho Scenic View area. As a
rcsul~ 1 number or strc,ts wcro platted in bctwccn existing SlltClS and West Caspian Pince was one or
those. Mr. Merkel IWCd lhat during tho 1960'1 and 1970'• • number of the properties along West Wesley
and West Iliff, which woold be on cilhcr side ol tho unbuilt Wcst Caspian Place, had dedicated tho roar
portions of their lots. As• result tho Ciry acquin:d a little over 75", of tho dedicated right-<>f•way needed
to build West Caspian Place. However, he pointed ou~ a number or the present landowncn have DOI
roally undcrslood whit lbooc dedications DlCIDI cw tho intent of the Cily's long nnge planning. Mr.
Merkel noc.d lhat durin1 tho last few ycan lhcrc bu been quite a bit or discussion on tho dcsinibiliry or
consuucling Wm Caspian Place. In February 1993 tho issue was brouglu bcforo the Cily Council and
Council rofcm:d it to the Planning Commission to determine whether West Caspian Place should still be
included in tho Cily's Master Su= Plan. The Planning Commission held an informal hearing in March
and I number of people 11tendod. bowcvcr ..,,. had DOI roccivod notices because tho properly had
changed hands . The liSI has been updated. The Planning Commission held a hearing in June 1993 and
recommended to Council, by a S-2 VOie, to IOIDO\'C West Caspian Place from tho City's !\,laster Street Plan.
Dave Bumctt. 2130 West llill' Avenue. IWCd he is against tho consuuc:tion of Wm Caspian Place as he
would DOI be able to sell the back half of his property because of tho position of his home on tho lot. He
also objected to any assessment that would be 1.-.ied on his properly should the street be builL
Clarc Harris. 2237 West Wesley Avenue, stated she ha., attended meetings rogarding the proposed strcct
since the c,rly I 9IO's . Sbc docs DOI wish to sell her bock lot, objected to the COS! and fell tho strccl would
destroy the character of tho neighborhood.
C.E. Hitchcock. 2337 West Wesley Avenue, stated he would never have bought the place if he had been
11<1111: of tho proposal to put a strcc1 through tho backyards. He likes tho privacy tho """ affords and tho
rural setting. He felt tho assessment would be a hardship for the n:tircd homeowocrs in the neighborhood
and cxpn:sscd concern lhat tho properly values •'OUld be diminished during the period of time lhat tho
asscssmcnt was in place OD tho tax rolls.
Manuel Rios, 2357 West Wesley Avenue, objected to the consuuction of West Caspian Place as he is
rotin:d. likes the ma the way it is and he cannot afford any assessme nt. He noted the has li ved lhcrc 40
i= and has fixed up the propcny.
Billie Jo Crosby, 2186 West Iliff ,',venue, objected to the construction of tho street as she has lived Ibero
for 20 years and likes it tho way it is.
Aaron and Marjorie Barnes. 2268 West Iliff Avenue, asked Council to leave the properly the way it is now
as they bought it because they felt it was a nice place to raise their family . Mr. Barnes questioned whcthc1
there was a possihilily that the dedications could be ltlUmed Jo the owners . Mayor Wiggins oonfirmcd
that it is a possibilily .
Council Member Hathaway asked if they wcro made awaro nfthe fact that they had dedicated right-<>f-way
at the time they purchased the house. Mr. and Mrs. Barnes confirmed that they had been told. and we re
made awaro that ii was a possibili:y th d a stn:ct would be constructed but they did not think it would
happen for awhile.
Cherrie Bran 2297 West Wesley Avenue. offerod a len er from Mr . !;unado objecting to West Caspian
Place. In addi ·on. David Keating of 2342 South Zuni asked that she advise Council that he definitel y
EQ&lc'Mlod City Council Minutes
July 19, 1993
Page I
docs DOI WIDI the•-to go through. Sbe imploral Council to leave the neighborhood u ii Is today and
DOI take their land. She mainlainod the ._ is DOI .-led. MJ. Brandt Slated abe undcnlood lhc
in,'CII0:'1 position but a,nlaldcd the ~rity of the rcsidcnll object to the lllffl, and that is where they
Ii,-., and they like lhc lifestyle .
Dan and Mary Cooke, 2133 West WC' ,,y A, ... .., ena>uraged Council 10 !'lake a decl.ion tonight, as
lhcir home is in lhc proposed righl-()1-~JY,fO that they can get on with lhcir lives .
Direct..-Medtel responded ID Council Member Hathaway's a,nccm regarding lhc llalUS nf the Cooke
property. He llated Mr. Cooke wduld like to lmqw ifbe can build on his property or wllClhcr the City
wisbea to pwclwe lhc property. Mr. Merkel pointed out that llalf will DOI ra:ommend lhal the City
pun:has the property unlca the C\ty inllllds to ultimately a>DIIJUCI the llrCCt. He explained that lhc
Dcplnmelll ol Community Devd,pm<nl recommendod to the Planning and 1.otting Commission a month
and a balf qo thal if the .-remai11, oo the Master Sired Plan. whether ii is oo..uucted in lhc near
furure or not, that lhc Coolu:s be reimbuned "' that lhcy can build on another 90Ction of their property or
tllO\'C to anotber location.
Discussion ensued n:garding an awi.isal oft'.-.c Cocke property which has been pn:porcd for the City .
Council Member Hathaway strcsstd the importl00C nf resolving this issue either by taking West Caspian
Pboe out oClhc Master Sired Plan or purcbasu,g the Cooke property.
Council Member Habenicht rcq~ed Din:cta, Marltel reiterate the Department or Community
Dc\'Ciopment's rucommcndatiocl regarding the Cooke property. Mr. Mcrkd responded thal llalf
l'Cl00tltlltClt thal the rigbl4-way bt. retained by the City, but thal the a>DSlnl<:tioo be put into lhc rurure
interminably until u,c residents want le have •t.: llrcel built, and lhat the engineering stair be au~'u:r.z,d
10 pwdllSe lhc Cooke property so lhcy can get on with their lives. Mr. Mcrltel indicated thal stall's
rocommenda1ion was IIOI taken by the Planni~ Commission, and be emphasizrd that he is DOI trying In
O\'CITUle the Commission's l'CQlmmendatiOA.
wglh)' · scussion ensued regarding lhc Cooke property. Director Mcrltel IIOled stair hod , ,ntioned the
poss1"bility, if the City were to purchase the entire property, that ii would be an opponunil , · ,r Project
BUll.D or something similar through lhc Housing Program . Council Member Habenicb' ,Jestioned 1he
effect purchasing the property Wiiul.l llavc on the rcs1 nfWest Caspi'lll Place Mr. Merl. • 5181:,d, to his
knaa·Jedge. there would DOI be a a,rllir.t with the proposed stR:et or any significant Cllf ,are. Also, lhc
homeowners could do what they wanl with thcu property except build something wilhl ,: the right-of-way
or the proposed West Caspian Place. He Dilled that almost every front yard In towc irv :,udes a portion or a
City owned right-of-way. Mr. Merltel agil,, !'(Jinled OU1 thal the Planning Commi..s,on did DOI
recommend any of this, they n:ccmmende.: 1emoving it 5-2 from the Master Sired Plan, and that he was
not ancmpting to change that n:ccmmendation in coy way.
Todd Huffman, 2247 Wes,, Wesley Avenu<, stated he bought the property for the large lot, a ,~ry small
ho1151C, but a small price lag. He pointed out he !las staned a large addition and plans 10 st3Y there a long
time. He objected to the construction or West Caspian Place because or the loss or security and paying a
special assessment for something they do not n.:cd. Mr. l(ufTman noted he was told wh en he bought his
home thal there would never be a strcc\ as long as there was opposition . It "~ his opinion that ntany
peop!e had pun:hased lhcir homes for lhe large lots. they do not want to sec a stR:et a>nstruct cd and it
wouiil only SCM: the needs of a few . Discussion cn>ued regarding Mr. Huffman's property. Mr. Huffman
explained thal his property ""' subdivided by a pr.viOU5 ownc, and he dedicated the land.
I
I
I
I
l!naleMlod Cily Council MiDuta
July 19, 1993
... 9
Roaer Frazier, 334 Arapaboo, Boulder, staled be could DOI speak to the merits of wbcthcr the stn:e1 should
or should noc be CORIINCICd. However, be ukcd about the effect of deleting Wm. Caspian Place Crom the
Maslcr SUCCI Plan which .....,Jd in essence landlock scvcral properties.
Cily Auomcy DeWill stated that the Cily cannot vacate right-of-way which would deny land ownm
ICCCSI to their property .
Council Member Bullock asked about the -ibility of an easement by nccessily or an casement by
prescription. Ci1y Attorney DeWiu advised that aa:ording to the Colorado Law a municipalily cannot
create that siluation by vacation of a public right-of-way and that Ihm an, Slalula and cue law dealing
,.;th the subject.
Fn,nk Burlinpmc. 2281 Wes, Iliff Avenue and 2274 Wes, Iliff Avenue. objoctcd to the construction of
Wes, Caspian Place as be bas invested bis retirement monica in bis property with the unden1anding it
Wll\dd DOI be changed. He swed be likes the low densily of people in that an,a and the big lots and be
plans to spend the rut ol lw life ~-
M)'TOll and SbaroD Cbrislia.uon. #8 Paonia. Littlcton. advised they bad pun:basal IM> lots on Wes,
Wesley in 1983 with the andcrslanding that with ~ng of this land ii was available for multi•wnily
u>c and that the 11m:1 -.Id be pul through in I 988 as a temporary IOlld and pa>-.d in 199 I. Ms.
Christianson stated they toot the City at their word and purchased the property laDd proca:dcd to put up
n,,, nice duplexes on the froDI balf or Wesley, leaving the back balf open with the understanding that
Caspian Place "1'uld be built in the fu!UR . They explained that i£ Caspian Place docs DOI go through they
an, landlocked with a half acn: in the back that they cannot use . Ms. Christianson sated they arc opposed
to eliminating Wes, Caspian Place from the Maslcr Slltet Plan . The Christianson's responded 10 Council
Member HathaM)"s questions n:garding which lots they own.
Clan: Harris rcturnrd to the podium and stated she lives next door to the dupl exes. which an: ve,y nice
and well maintained. but sated some of the tcnants have been 'tcm'ble . •
~ being DO one c1so p,tlClll to speak to the issue, Mayor Wiggins asked for a molion to close the
public hearing.
COUNCil. MEMBER BULWCK MOVED, AND IT WAS SECONDED, TO CLOSE THE
PUBLIC HEARING.
Ayes : Council Members Bullock. Saunders. Hathaway, Habenicht. Wiggins
Nays: No ne
Absent: Council Members Waggoner, Gulley
Motion carried and the public bearing closed.
Mayor Wiggins pointed out that Ci1y Attorney DeWitt bad n:layed a memo to Council dated July S, 1993
n:garding the vacation or Wes, Caspian Place whic h stated that thm would be a difficulty with vocating
right-of•way on WCSI Caspian Place £or it would leave certain lots without di=t accas to a public way
and it would appear that, short of vacating all of the property, that certain portions of it could be vacated .
Also, thai ii shoul d be pointed out that then: may be an issue or CSloppcl against a go\'enuncntal entily and
in Mr. DeWiu's opinion it "1'uld .ppcar that legally the City should not \'lltate all the: right-of-way known
as WCSI Caspian Place as ii would appear that a partial vacation would subject the Ci1y 10 additional
liability and be added that this aspect or vacation is most unclear .
City Anomey DcWill staled in his opinion the law is n:latively clc,r tl'.at the Cily cannot deny access over
a public way to any property in the Citv orEnglcwood without facing liab,::ty. At the present time there
Enalcwood Ci1y Council Minul<I
July 19, 1993
Page 10
are a number of Iola In this an:a tbal have been ..-lly divided and Iha! would c:amo some dillicully for
tho Clly In tho futuro ifll>oy cboac lO YIClle all o/llae right-of-way in Ulisuoa u future gcncralions will
have to deal with tho silUalion. He DOied that tbcrc is no oe..e ~ answer lo this because there are people
who wiU be hurt no matter what happens .
Council Member Hathaway felt that Council needs a little mon: time to determine whether they should
n:movc Caspian Place from tho Master Streel Plan, but she stated she wanted to make a motion to
pun:hasc the Cooke property in order to 10lve the immediate problem.
COUNCll, MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, FOR THE CITY TO
MOVE T.JWARD mE OPTION TO l'URCBASE mE ENTIRE COOKE PROPERTY.
Council Member Habcnicbl did DOI ICC bow she aiuJd vole OD it without knowing ID amount. Coun.."il
Member Hathaway asked if it would help if she added •ror ""'50nable marltct value.• Ms. llabcnicbt
cxpn:sscd her concern Iha! this decision is pn:malllre. Ms. Hathaway &lated &be did llOI lhinlc so as this
particular issue is lied around the West Caspian Place issue, but it is technically a scpante issue.
Counci l Member llabcnicbl asked who owns the right-of-way at this point in time that the Cooke property
sits on. Discussion cosucd and Cily Attorney DeWitt explained that the Cily docs llOI own the property
for the righH>f-way, however bis house is on the proposed right-of-way.
Council Member Bullock amd Mr. Cooltc his pn:fermc:e. Mr, Cooke &lated be did DOI ~ that be h3s
been fighting this for five and one half years and be just wants something done.
Mayor Wiggins &lated that if Council Member Hathaway's motion is dcfCIICd be would be malting a
motion to leave it on the plat. that he would nol vole for vacating because of the legal oomplications.
Discussion ensued.
Counci l Member Habenicht asked for clarification of lhc motion and questioned if this would set a
pn:ccdcnt . Council Member Hathaway explained her motion is to purchase the cntin: Cooke propcny and
she maintained the propcny is a unique situation.
Lengthy discussion ensued.
Council Member Bullock staled that he respected Council Member lfabenicht's argument but aglffll ,.;th
Council Member Hathaway that the Cooke propeny is unique .
Counc il Member Bullock cal led for the question.
Vote results :
Ayes :
Nays :
Absent:
Motion carried.
Council Mcmbcn Bullock, Saunder,, Halhawny
Council Mcmben Habenicht, Wiggins
Council Membcn Waggoner, Gulley
Mayor Wiggins stated that the City wiU buy the Cooltc propeny and West Caspian Place will n:main on
the Master Street Plan.
Council Member Bullock noled the City cannot legally vacate the propcny ,
I
I
I
I
EnaJewaod City Council Mlnuta
July 19, 1993
J>aac 11
Council Member Hathaway felt it important to put the issue to a vote of Council.
COUNCIL MEMBER HATHAWAY MOVED TO REMOVE WEST CASPIAN PLACE FROM
THE MASTER STREET PLAN.
The motion died for lack of a secood.
10. Approval oa Second Rudin&
COUNCIL MEMBER HA TBA WAY MO\'ED, AND IT WAS SECONDED, TO APPROVE ON
SECOND READING AGENDA ITEMS 10 (a) AND (b) AS FOLLOWS:
(a) ORDINANCE NO. 35 , SERIES Of 1993 (COUNCIL BILL NO . ri, !NTR(l!'>UCED
BY COUNCIL MEMBER HATiiA WAY). ENlTJl.ED:
AN ORDINANCE ADOPTING ELECT ION PROCEDURE FOR NOVEMBER 1993 ELECTION
Wlll!IN 111E CITY OF ENGLEWOOD .
(b) ORDINANCE NO. 36, SERIES Of 1993 (COUNCIL BILL NO . 38 , INl1\ODUCED
BY COUNCIL MEM.lcit HABENICHT). ENlTJ1.ED:
I
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD ,
COLORADO, AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. I FOR MAINTENANCE
OF SEWER LINE OF 11IE DISTRICT LOCA 11:D Wl1lllN 11IE CITY BOUND ARJES .
Ayes :
Nays :
Absent:
Motion carried.
Council Members Bullock. Saunders. Hathaway, Habcnich~ Wiggins
None
Council Members Waggoner, Gulley
11. Orclioancet, Raolutioa1 and Motions
(a) Dirictor Esterly presented a recolllDICDdation from the Department of Public Works to
award, by motion, a constructioa conlr3cl for Paving District No. 37 -1993 to New Design Construction
Company , inc. in the amount of$127,786.80 . Pteviously, he noted, the City appropriated $357,000 for
Pa"ing District No. 37 for all aspccU of construction, including design, right-of-way acquisition and
construction management. Mr. Esterly advised the low bid is within the anticipated construction budget
and New Design Construction Company, Inc. has satisfactorily completed ECIC and Paving District No.
34 for the City.
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A
CONSTRUCTION CONTRACT WITH NEW DESIGN q>NSTRUCTION COMPANY, INC., IN
THI AMOUNT UF $127,786.80 FOR 'PAVING DISTRICl' NO. 37 -1993.
Ayes : Council Members Bullock. Saunders. Hathaway, Habcnich~ Wiggins
Na ys: None
Absent: Council Members Waggoner, Gulley
Motion carried .
l!ngJcwood City CouDcll Mi.Dutel
July 19, 1993
Page 12
(b) Dim:tor ~y prcocnled a recommendation from the Department of Public Wortts to
adopt a bill for ID on1inana: approving an intergovernmental agreement with the City of Littleton and
SoUlb Subwt1u Parl< and bcJalioa Dillrict to fund lhc prcpan1tion oflhc Big Dry Cn:dt Bicycle Trail
Master Plan. He DOied that CouDcll pmiously authorized staff 10 suppon lhc City of Littleton In !heir I
transportation impm-cmcnt plan application lo lhc Denver Regional Council of Gov<:mmcnu for a bike
trail along Big Dry Crcd<. The City Council also agr<cd lo provide match money when lhc projccl is
funded . Mr. Esterly advised that lhc proposed alignment passes through Belleview Park and lhc ECIC
project in Engl""'llOd. as well IS locations near Waxman'• and the Silver Cli.lJ Apa,tmcnts. The
ad\'11\tages of having a master plan prepared now arc that when funds arc made available staff may be
able to proc:ccd with final design and construction. thus getting the bicycle trail in place very quicltly.
This funding categ0ry under lhc DRCOG Transportation lmplO\'Cmcnt Plan was underfunded in 1993
creating a bal:tlog of projccU. Consequently, having lhc completed master plan may enhance our chances
for futuR allocalions of lbmc funds. If additional funds arc made available under Federal Economic
lnocntive Programs. lhc City may be in a better position to compote for newly available funds . However,
he explained that one of lhc disadvantages in preparing a master plan now is that lhc funds expended
prob3bly will DOI be rcimbun,cd 80CCplcd IS local match money for this project.
The Deputy City Clerk was asl:ed 10 read Council Bill No . 41. entitled :
COUNCil.. Bll..L NO. 41 , INil\ODUCED BY COUNCil.. MEMBER HABENICHT
A Bll..L FOR AN ORDINANCE APPROVING AN INlcRGOVERNMEITTAL AGREEMENT
BETWEEN THE CITY OF urn.ETON, SOUTH SUBURBAN PARKS AKO RECREATIO!s
DISTRICT AND THE CITY OF ENGUlWOOD, COLORADO FOR THE FUNDING OF THE
PREPARA'nON OF THE BIG DRY CREEK BICYCLE TRAIL MASTER PLAN.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (b) • COUNCIL BILL NO. 41.
Ayes : Council Members Bullock, Saunders, Hathaway, Habcnich~ Wiggins
Nai~: None
Absent: Council Members Waggo ne r. Gulley
l~otion carried .
(c) Director Esterly presented a recommendation from lhc Department of Public Works 10
adopt a bill for ID ordinance approving an intergovernmental agn,crncnt -.ith Cherry Hills Village for
sharing lhc cost of microsurfacing on South Clarkson StRct. Under this agreement Cherry Hills Village
,.;u r'Cimbursc lhc City of Englewood for lhc COSI of microsurfacing for lhc portion of South Clarkson
St=t that is localed in Cherry Hills Village. He DOied that the City had included microsurfacing of
Clarkson Stn:ct in lhc 1993 t,<jaoswfacing Program. He added Iha~ at lhc suggestion of Council, staff
opened discussions with Cherry Hills Village staff and Cherry Hills Village agreed 10 pay up 10 $10,000,
which is approximately 12.8", oflhc entire project, for L~cir portion of South Clarkson SlrCCI . The 12 .8%
represents tlic amount of !he stn:ICI lhal is within the city limits of lhc Cily of Cherry Hills Village.
The Deputy City Cl erk was asked 10 read Council Bill No . 39, entitled :
COUNCIL Bll..L NO . 39, INTRODUCED BY COUNCIL MEMBER BULLOCK
A Bll..L FOR AN ORDINANCE APPROVING AN INlcRGOVERNMENT AL AGREEMENT
BETWEEN CHERRY Hil..L Vll..LAGE AND THE CITY OF ENGLEWOOD WHICH SETS FORTH
EACH ENTITY'S COSTS FOR THE MICROSURF ACING OF A PORTION OF SOUTH CLARKSON
STREE1 .
I
I
I
Engl°"'OOII City Coundl Minu1cs
.'uly 19, 1993
t'lge ll
Mayo r Wis,ins oommcnt<d thal the work bas been complclcd .
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 11 (c) -COUNCIL BU.L NO. 39.
Ayes : Cow;..-il Membcn Bullock, Saunders, Hathaw.,y, Habcnich~ Wiggins
Nay,: None
Abscnl : Council Members Woggoner, Guile)'
Motion carried.
(d) Dim:tor Esl<rly presented a rcoommcndalion from lhe DcpartmcD• oCl'ublic Works lo
appnM:, by motion, the pwcbasc of the Fasicr Flcct Management System al a cost oCS28,44l . He
•xplained that allhougb lhu is not currenlly a 1993 capital cx;,cndilure "')UCSI, lhu n,qucs1 'l'ill DOI
es """1 the authorized 1993 budget for the Scrvicenler garage, but ii will exceed lhc aulhoriud budget less
S% thal we arc operating under. Mr. Esterly stated that several alternatives "~re O\'alualcd. including
upgmding lhc City's existing Vehicle MainlCIWICC System (VMS). The VMS Selection Commincc
rcoommcndcd only two l)'Slcms acccplable for the City's needs. Therefore, be advilcd, that only two firms
"~re r<quested 10 provide bid quolations. Mr. Esterly pointed out the advantages oC the system. He staled
lhal include,! in lhc cost is lhe software p,ckage, lhe banlware package which includes a compulcr, report
services for one year from lhc supplier, installalioo. training on lhe system. full intcrt'acc. tape back-up
and also includes the enlJ)' oC historical data. Consequenlly, lhe system should be up and opcrntional very
shortly after it is purchasi,d and put iDlo pla<e. An addiliooal Sl,36S will be expended to pwcbasc a laser
printer which is a,ming from anolhcr supply source. The Iota! oost is then $29,808 . A very sm:111 amount
of Ibis, $1,650, is for an annual renew2I oontract that woold continue in lhe future.
Council Member Habenicht asked bow many vehicles in lhe fleet will be managed with lhc system.
Director Esterly noted lhere are approximat<ly 270 vehicles wiU, Ille possibility of adding lhc Cily of
Sheridan's 40 vehicles. He pointed out \hat staff bu DOI yet discussed the issue with Sheridan.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE ml:
PURCHASE OF TUE FASTER FLEET MANAGEMENT SYSTEM AT A COST OF $211,443.
Ayes : Council Members Bullock, Saunders, Hatha"·'Y, Habeni ch~ Wiggins
Nays : None
Absent : Council Members Waggoner, Gulley
Motion carried.
(e) Directo.-ofFinancial Services and Acting City Manager Hayes pteSCDted a
recommendation from the Department of Financial Services to adopt a resolution appming amcn~uLS
to lhe Fire and Police Pension plan. She explained lhat the new lure firefighters (referring to those hired
afler April 8, 1978) are members oflhe Fin: and Polioe Pension Association (FPPA) oClhe State. M$,
Hayes advised that Englewood's police officers have since opted out oflhe FPPA through other prmisio~
in lhe State StatlllC, bul our new bin-fucligllters are still members. The FPPA is oonducting an elcclion
to amend the plan in five rrays. Ibey have S proposed amendments and lhe rules of their elections ue that
in order for any of lhe amendmcnl5 to poss Ibey must be approved by 6S% of lhe eligible members abd by
S0'/4 or lhe employers of those eligible members . Therefore, ,he explained, lhe Cily a,nducted the
employees' portion of Uiis election fi~ which was completed on /Joe 30th, and lhe membership passed
Amendment I, Amendment 2, Amendment 3 and Amendmen t S. Allllough lhose actually ca<ting ,•otes
di d favor Amendmenl 4, enough members did not vote so A,, ,dmcnt 4 did 001 poss under lb: FPPA
election rules. Ms . Hayes recommended that Council cast its employers vote in lhe srune mamicr as Ille
employees v01ed.
Ena]ewood Cily Council Minutes
July 19, 1993
Page 14
The Ralolution was assigned a oumbcr and read by title:
RESOLtmON NO. 71, SERIES OF I 993
A RESOLtmON HEREBY CASTING ITS EMPLOYER'S VOTI! IN FAVOR 0 :' F.P.P.A.'S
PROPOSED AMENDMEt-rl'S I, 2, 3 AND S, AND AGAINST F.P.P.A PROPO~i!O AMENDMEITT
N0.4.
C OUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 71, SERIES OF 1993.
Ayes : Council Members Bul''lci<, Saunders, Hathaway, Habcnich~ Wiggins
Nays : Nono
Absent: Council Membcn Waggoner, Gulley
Motion carried.
(I) Cily Clerk Crow presented a r=mmendation from lhe Election Commission to ado!)( a
bill for an ordinance submitting to a vote of the rcgisttrcd electors oflhe Cily a proposed amcndmcnl IC
lhe Engl<""°" Home .l.ule Charier pertaining 10 '!l<dit>n proccdurcs.
The Deputy Ci1y Clerk was asked to read Council Bill No. 40, entitled :
COUNCIL BILL NO. 40, INTRODUCED BY COUNCn. MEMBER BULLOCK
A BILL FOR AN ORDINANCE SUBMITllNG TO A VOTl! OF THE REGISTERED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT SOIEDULED REGULAR MUNJCIPAL ELECTION A
PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO , BY
AMENDING THE PROVISIONS RELATING TO THE ADOPTION OF ELECTIO:I LAWS TO
COMPLY WITHTHE TAXPAYER'S BILLOFRIOHTS SPECIFICALLY THE COOIDINATED
EL.C.CTION MANDATE, so THAT rr IS LESS cosn. y AND TECHN!CALL y HORE
CONVENIENT TO HA VE THE CITY'S ELECTIONS IN CONJUNCTION WITH THE COUNTY'S
ELECTION .
Council Member Habenichl asked if ii is actt:ally less costly and llx-hnically mo-c convenienl lo hove lhc
Ci1 y's election in conjunction \\ilh the Counly's election for lhe upcoming Municipal elect ion .
City Clerk Crow stal..d Iha! lhe November 2, 1993 election \\ill cost approximnlely lwicc as much as
budgeled. She poinled oul Iha! lhe proposed anlCDdmeots 10 lhe Chancr would rcdu a; lhc costs orru1un:
elections should we bold !hem in conjunction \\ilh lhe County .
COUNCIL MEMBER BULWCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM II (I)· COUNCIL BILL NO. 40,
Ayes : Council Members Bullock, Saunders , Hathaway , Hnbenichl , Wiggins
Nays: None
Abscni: Council Members Waggoner, Gulley
Motion carried.
12. Gtntral Discussion
<•) Mayo(s Choice
I
I
I
I
Eqlewood City Council Mlnutca
July 19, 1993
Page 15
I. Mayor Wiggins staled be had intended to introduce a ruolution regar(ling the relocation or the
Englewood Railroad Station but be explained he would be moving to table i! os the wrincn proposal
rcq.-ed by Council has not been received . He expressed concern thal no one has been willing lo take
respoDSl'bility for the project, and he docs not want taxpayers absorbing tho cost if the project ...,.re lo fail.
D:we Pascal promised Council a wrillen propns:il prior to the Council meeting or August 2, 1993 .
MAYOR WIGGINS MOVED, AND l"J' WAS SECONDED, TO TABLE AGENDA ITEM 12 (a) (i)
A RI.SOLUTION AGREEING TO NEGOTIATE THE CONVEYANCE OF CERTAIN REAL
PROPERTY TO A SITE FOR REWCATION OF THE ENGLEWOOD RAILROAD STATION
AND J:STABLISBING ADDmONAL TERMS OF TIil: TRANSACTION.
Ayes : Council Membcn Bullock. Saundcn, Hathaway, Habenich~ Wiggins
Nays : None
Absent : Council Members Waggoner, Gulley
(b) C'ouncil Membc~s Choice
(i) COUNCll..MEMBF.RBATBAWAY MOVED,AND IT WAS
SECONDED, TO T/,BLE AGENDA ITEM ll (b) (i) A RI.SOLUTION AGREEING TO
NEGOTIATE THE CONVEYANCE OF CERTAIN REAL PROPERTY TO A SITE FOR
RELOCATION OF TUE ENGLEWOOD RAll..ROAD STATION.
Ayes : Council Memben !lullock. Sawidcn, Hathaway, Habenich~ Wiggins
Nays : None
Absent Council Membcn Waggoner, Gulley
Motion carried.
Ca<uicii Member Hathn'3y clarified that this item will be dcfencd to August 2, 1993 .
(ii) Council Member Bullock reported on the prog,tss or the Homeless Ccnunitlcc.
He was very enthusiastic aboul the ttSpOnsc 10 the program and advised or a possibility or forming a
liaison ,.;th the City of Liltlctoo. Mr. Bullock advised he would be COQtacting the City of Sheridan
Council lo an anempt 10 gel a uniform demogra phic profile on the Tri-Cities a,ea
(iii) Council Member Habenicbl requested Coullcil support the nomination or
Library Dirc:clor Hank lonJ ~" the Colorado Librarian or the Year.
13 . City Manactr's Choice
I. Ms. Hayes shar.:d with Council a comparison of bus iness costs indicating how Englew, .. .J would
rank amongst some arc, cities with the institution or lhc proposed head tax.
2. Ms. Hayes acknowledged some mcmben ol'Council are having trouble with their new modems .
She staled the City has been a victim orbad information. 1he si1ua1ion will be rectified as soon as possible
and she apologized for the inconvenience .
Discussion ensued regarding the nue mplS being made by stnlf 10 ga ther input and address co ncerns or area
bus iness groups regarding lite proposed head tax ordinance .
BncJe,,ood City Cowlcil MirlllO
July 19, 1993
Page 16
14. City AnaneJ'• Cllolct
I. Mr. DcWIII offered a rosolulioo indemnifying Timothy Bullock in Civil Action 92-Z-1406 in the
Uniled Slalcs DiJtrict Court for 1hc Disuict orC,,lonldo.
The n:solutioo was assigned a number and read by tiUe :
RESOLUTION NO. 72, SERIES OF 1993
A RESOLUTION INDEMNIFYING TIMCYIHY BULLOCK IN CIVIL ACTION 92-Z-1406 IN THB
UNITED STATES DISTIUCT COURT FOR THB DISTIUCT OF COLORADO .
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTION NO. 72, SE~ OF 1993.
A)'CS : Council Memben Sauodcrs, Ha1hawny , Habcnicb~ Wiggins
Nays : Nooe
Abstain : Cooncil Member Bullock
Absent: Council Mcmbcrt Waggoner, Gulley
Molion carried.
2. Mr. Dc Win offered a n:solutioo iodcmnifying Richard Kahm in Civil Action 92-Z-14 06 in the
Uniled Sillies DiJtrict Court for 1hc DiJtrict ofColonldo.
The n:solutioo was assigned a number and read by tillc :
RESOLUTION NO . 73 . SERIES OF 1993
A RESOLUTION INDEMNIFYING RICHARD KAHM IN CIVIL ACTION 92-Z-1406 IN TIIE
UNITED STA TES DISTIUCT CQURT FOR TIIE DISTIUCT OF COLORADO .
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
RESOLUTJO'N NO . 73, SERIES OF 1993.
A)'CS : Council Memben Bull ock. Saundm, Ha1hawny, Habcn jchl, Wiggins
Nays: None
Absent Council Membcn Waggoner, Gulley
Motion carried.
3. Mr. DcWin advised be ,.;u be on vacation for 1wo weeks .
4. Mr. DeWi tt advised tha1 there Mil DOI be a quick settlement on the Lowry si1uation.
5. Mr. DeWitt requested Council meet in Executive Session follo wi ng the .-iog rtgarding the
O,i,om and Frye police maum.
COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO GO INTO
EXECUTIVE SESSION FOLLOWING THE MEETING REGARDING THE OSBORN AND
FRYE POLICE MATTERS.
A)'CS : Council Memben Bullock. Saundm, Halhawny, Habcni chl, Wiggins
Nays : None
I
I
I
I
Englewood Cily Council Minutes
July 19, 199]
Page 17
Absent
Motion carried.
15 . Adj1N11-amcnl
Council Mcmbcn Waggoner, Guilcy
COUNCU. MU!rll. HA TBA WAY MOVED TO AllJO,lr Ji. The meoting adjourned al 9:53 p.m.
('
.~.0/2 1A.-
Dcpu1y Ciry Clcrlt