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HomeMy WebLinkAbout1991-09-16 (Regular) Meeting Agenda• " -. , ' ' ]-• . • i. • ~ ~ . .. • ., .. .. • 0 • Ct c'.:tc-l ute~ I ArR~'L· ~o/~I . • &: (( 1! ~ s-s-1 s-e:.,, S-7 #:-7~, 7SI 7~/ 7 7/ 7~ • I '7o/, Po tf/ I 1'2, R.3 • • I . . ]- • 1. Ca 11 to Order • • t• • (. EIIILEIIOOD CITY COUNCIL EIIILEIIOCID, MAPAHDE CCIIIITY, COLOUDO lelUlar session SEPTEIIIO 11, 1 ttl ,. - ' The regular ... ting of the Englewood City Council was called to order by Mayor Van Dyke at 7:31 P·•· 2. Invocation The invocation was given by Council Mellber Wiggins. 3. PlNtl of A11et1ance The Pl~• of Allegiance was led by Mayor Van Dyke. 4. loll Call Present: Council llellbers Hathaway, Gulley, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: None A quona was pres•t. Also present: City Nanager Fraser City Attorney Olllitt Deputy City Nanaver Nartin City Clerk Crow Director Hayes, Financial Services Director Fonda, Utilities S. N1nutes (a) CGUIICIL IIElaEI 111a11S IMID, -IT IIAS SECCWD, TO AINOVE THE NIIIITU Of TIil -·· IIEETI• Of SUIWI 3, 1Hl. ~es: Council ....,.rs Gulley, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Notion carried. 6. Pre-~led V1s1tors (a) Richard Edison , Fire Division Paraaedic, Safety Services Depart · 111t1t, was rec09n1zed and honored as Entlwood' s [llployH of the Nonth for Sept...,.r. . . • I ' • • • 0 ,. .._ , - - • • Entlwood City Council llinutes Septlllber 11, 1991 -,a .. 2 7. Non-scheduled Visitors .. There were no non-scheduled visitors. 8. Coaunicattons and Proc:laattons • • • (a) CGUIICIL 11E111D NATIWY IIOVED, Mm IT IIAS SECONDED, TO ACCEPT IIOTICE OF .... IULLn·s IESIIMTI• AS A IIEIIID OF THE IIATEI Mm 500 IOAIID. ~es: Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) c:allCIL IIEIIID cun• IIOVED, -IT IIAS SECtlllED, TO DECLME THE IIEEl Of kPIWI 17 -H, lMl AS ·CC11STnun• IIEElt. • ~s: Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. The procl1111tion was presented to Donna Santistevan, a rep- resentative of the Daughters of the Alltrican Revolution. (c) CGUIICIL IIEIIIEll NATIWIAY IIOVED, Mm IT IIAS SECtlllED, TO DECLME SEP- TEIIIEI 21, lHl AS •1111T1• Mm FISHI• DAY.• ~ts: Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. (d) CGUIICIL IIEIIID 111.115 .... -IT IIAS SECtlllED, TO DECUIE OC- TIIIEI 11 -17, 1111 AS •a II-11EB• ..... CGUIICIL'S STIGII COIIIIITIIENT TO A .. Fl& Qllllllff. ~ts: Council Nellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Nays: llot10ft carried. Englwood School progr•. It •as suggested a copy of the proclaaation be sent to the District as an indicat10ft of the City's support for this t. M11c 11Nrt1111 (a) CGIIICIL IIEIIID MTNMllY .... -IT IIAS lltWD, TO OPEii TN( ,ua1c .... TO IICllft CITIZD ... • lllE c1n·s IIIZ ..... IIIIIET • ~s: Council Nellbers Gulley, Hath.,.y, lft99ins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried and public hearing opened. Evidence existed that notice of the public hearinv •as published in the Englwood Herald on Auvust Z9, 1991. City Nan•r Fraser explained the Charter requires a public hearing be held prior to Council's deliberations on the proposed budget. He coaented that this year's budget .orkshop ts scheduled for Septeaber ZO and ZI, 1991. The budtet as proposed is virtually the s-as the 1991 budget, being within a • • ,,,_ . ' ' • • , I - • • Englewood Ctty Council Ntnutes Septtllber 15, 1991 -Page 3 . . • • I~ • fraction of a percent dollarwtse. He stated the budget is frugal and is responsive to concerns of Council and the c011111Unity. Mayor Van Dyke invited the audience to speak to this issue. (1) Betty Acker, 3140 South Delaware Street, asked concerning the projected expenses and inquired if there were any proposed cut backs for police and fire. Ctty Manager Fraser stated the budget as proposed Maintains those service levels. Ms. Acker asked about Council's out-of-town meetings, and she was tnfot"lled that Council's budget workshop will be held at Jefferson County Open Space Center with atntaal costs . With regard to Ms. Acker's ques- tion about police and fire service levels, Council Mellber Clayton coaented that Englewood's fire ISO rating has improved , froa a four to a three which basically .. ans that fire insurance rates should be lower this year based on the quality of service available. There were no other citizens present who wished to address City Council con - cerning the 1992 proposed budget. CGUIICIL IIElaEll Ill.INS IIIOHD, -IT IIAS SECOIIDED, TO CLOSE THE PUBLIC ..... Ayes: Council Mellbers Gulley, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motton carried and public hearing closed. {b) CGUIICIL IDID HA11WY IIIOHD, -IT IIAS SECWD, TO 0,0 THE PUILIC NOii• TO IEC£1ft CITIZEI 119V1' • 1IE NI ... Y USO 1IUST FUIID. Ayes: Council ....,.rs Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carrttd and public hearing opened. Evidence existed that notice of the public hearing was publ tshed in the Engl...oocl Herald on August 29, 1991. Director Hayes, Financial Services Dlpartatnt, offered information concerning the requi~t of State statute that the Ctty hold a public hearing t o receive cittz1t1s input on the use of the approxiaate half aillton dollars the City rec:etves froa the Highway User Trust Fund (IIITF). Ms. Hayes responded t o questions of Council concerning the use of the funds, which aay bt ustd fo r road and bridge repairs and aaint1t1ance. City Manager Fraser further ex- plained the IIOflies are available for reconstruction, new construction, repa ir of existing streets -all those activities that are involved In the aal n- t1t1ance of the roadway syst• .tlich are the City's responsibility as oppos ed to the resident's responsibility, t.e., paving districts. The use of HUT F IIOft1ts for lltdians was posed . Cttiz1t1 tnput was requested; no one wished to speak. c:allCIL IIElaEI HA11WY IMED, -IT IMS SEC411DED, TO CLOSE THE PUBLIC ...... . . . . •. • • 0 , - • • Efttl-.ood City Council Minutes Septlllber 16, 1991 -Page 4 . ' .. • • t• • ... Ayes: Council Metllbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried and public hearing closed. 10. Approval on Sec:oncl leadint CGIIICIL IIEIIIO IULLOClt NDYED, -IT IIAS SECGIIDED, TO APPIOYE ON SEC• READ-1• AIElm ITEII 10 (a): (a) ORDINANCE NO. 54, SERIES OF 1991 (COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER CLAYTON), ENTITLED: AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY BEING COM· -LY REFERRED TO AS THE GREENHOUSE All> LOCATED AT 2540 WEST UNION AVENUE, ENGLEWOOD, COLORADO. Ayes: Nays: Motton carried. Council Meabers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 11. ON1 nances, leso 1 ut 1 ons alNII lllott ons (a) Director Fonda presnted a recoalftdation froa the Water and Sewer Board to adopt a bill for an ordinance approving two license ag,.....nts sub- attted by Cherry Hills Village for the constructton of a,. water line. Mr. FOftda explatned the 19,.....,.ts pen1tttld the crossing of the City Ditch in two areas. The Ctty Clerk was asked to read COU11Ctl 8111 No. 57, ntttled: COUNCIL BILL II>. 57, INTIIODUCED BY COUNCIL NENBER BULLOCK A BILL FOR M ORDINANCE APPROVING A LICENSE A&REOOT BETWEEN THE CITY OF EN· &LEIIOOD Ml) CHERRY HILLS VILU&E FOR THE CCIISTRUCTICII OF A Sil INCH WATER LINE IY CHERRY HILLS VILLAGE CROSSING THE CITY DITCH IN TIIO AREAS. CIIIIICIL ... • LOCI IMO, -IT IIU SKll•ED, TO a,r•E --ITBI ll(a) -CIIIIICIL llll ID. 17. Ayes: Council Mlllbers Gulley, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None NottOII carried . (b) Director Fonda presnted a recoalftdatton froa the Water and Sewer Board to adopt a bil 1 for an ordinance approvtng an ag,.....,.t wtth Sout"9at1 Mater Dtstrtct and Ktowa Resources, Inc., relating to water rtgllts for the Soutll Platte Exchange Project. TIie Ctty Cltrk was asked to read Council 8111 No. 62, ntttled: COUNCIL BILL II>. 62, INTAOOUCED BY COUNCIL NOIB(R GULLEY -~ • I • • • • - - ]- • • Engle.ood City Council Minutes s.,taber H, lffl -Page 5 . ' • • A Bill FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTHGATE WATER DISTRICT ANO KIOWA RESOURCES, INC., RELATING TO WATER RIGHTS FOR THE SOUTH PLATIE EXCHANGE PROJECT. CGUIICIL IIEJIID IULLEY IIOVm, All) IT IMS SEComED, TO APPROVE MDl>A ITEM ll(b) -CGUIICIL IILL •• 12. Ayes: Nays: Notion carried. Council Nellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None ( c) 01 rector Hayes presented a recoaendat ion frOII the Noneaergency Pension Board to adopt a bill for an ordinance providing a three percent (31) cost of living adjustllent for retirees. Ms. Hayes explained that if approved the cost of living adjustllent would be effective January 1, 1991, and would be the first cost of living adjustllent given to retirees since 1983. The average IIIOUnt of adjustllents will be S46.85 per recipient per 11e>nth with the lowest single adjustant being $6.99 and the highest Sl93.68 with the yearly cost increase to the Plan being $38,792.64. In addition, the proposed ordinance incorporates into the Plan necessary language precipitated by tax law and the Internal Revenue Service. The City Clerk was asked to read Council B111 No. 61, entitled: COUNCIL Bill NO. 61, INTIOOUCED BY COUNCIL MEMBER GULLEY A llll FOR AN ORDINANCE ANEll>ING SELECTED SECTIONS OF CHAPTER 6, TITLE 3, EN· Cl.EIIOOD IUIICIPAL COD( 1•, CONCE•ING THE RETIREMENT PROCiRAN FOR NONENERGEN· CY a.LOYEES, ENTITLED ·c1TY Of ENGLEIOJO NONEMERGENCY EMPLOYEES RETIREMENT PUN All> TRUST AS MEll>ED All> RESTATED EFFECTIVE JNIIARY 1, 1991. • CIUIICIL .... M.LEY IMED, -IT IIAS SRIIID, TO AIW MllllA ITEII ll(c) • CIIIICIL IILL •• 11. Ayes: Council Nlllbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habttltcht, Yan Dyke lla,ys: llotton carried. None 12 . ...,.,1 Dtscusston (a) Mayor's Choice ( t) Mayor Van Dyke announced that &overnor Roaer wt ll be the guest of the School Dtstrtct on Frtdar, Septeaber 20th at 7:30 a.a. at Stnclatr Mid · dle School. &overnor Roaer wt 1 be proaottng Colorado 2000. Council Ntaber Hebefttcht was asked to attend as Mayor Pro T•, and Mayor Yan Dyke encouraged other lllllbers of Council, staff, and ctttztns of the City to attend. (b) Counctl Nltlber's Chotce (1) Council .....,.r 14.illock tnqutred about the ·Rule of 88. • He asked the Ctty Attorney to draft lettslatton allowing an aployee-by -eap loyee . . . ' I • • • 0 - - • • Englewood City Council Ninutes Septtlllber 16, 1991 -Page 6 • • • analysis for all employees who have 20 years or more service with the City but who do not qualify under the Rule of 88. Mayor Van Dyke suggested that staff provide Council with insight into how aany eaployees may be involved, along with any historical precedence. (it) Council Mellber Clayton requested consideration of $1,100 travel costs for his attendance at National League of Cities (NLC) conference in las Vegas in Decf!llber. He offered that his attendance as I IN!lllber of NLC's Environaent, Energy, and National Resources C111111ittee is essential as the com- aittee ts considering the issue of SUPERFtN> liability and support of the llirth/Lautenberg toxicity bill. He stated the llater and Sewer Board has recoaaended that Director Fonda and one other person attend. CGUIICIL IIEIIIEI NATHAIIAY IIDVED, _, IT IIA5 SECOIIIED, THAT M. CLAYTON'S TIAVEL IEQUEST IE APPIOVED. Council Metlber Bullock posed several pertinent questions regarding the trip and Mr. Clayton's position if not reelected. Mr. Clayton responded stressing the taportance of attendance in light of NLC's recent announceaent not to sup- port the Wirth/lautenberg legislation. He stated, •it is critical to Engle- wood's future not to back down on this issue.• Council Mellber Bullock questioned the effectiveness of this lobbying effort by the City. City Attorney DeWitt offered inforaatton concerning Englewood's position should the Wtrth/lautenberg leg1slat1on fail, and he c01111ented tt ts incoaprehenstble that NLC has taken this position. In the event Mr. Clayton ts not reelected, Mayor Van Dyke stated she ts will- ing to go in hts place to support the issue. Council Mellber Habenicht supported Mr. Clayton IS the designated representa- tive of Colorado Municipal League on the NLC c01111ittN, and she stressed the iaportance of aatntaining continuity 1n the aatter, wther it be Mr. Clayton or Mayor Van Dyke representing the City. For the benefit of Council Mellber Gulley, Council Mellber Clayton explained how his appointaent IS a llellber of NLC's Environaent1l, Energy, 1nd Natural Resources C1111111ttN WIS aade wtth Council's support and through Colorado Municipal League's endors ... nt. Council Mellber Wtggtns strongly suggested postponing any actton on Mr . Clay - ton's request until the election results are known. Council Mellber Hathaway offered to aaend her aotton aaktng 1t subject to Mr. Clayton's rHlection ; holilever, Mr. lltggtns still opposed the aotton. CGUIICIL IIEIIID 111.IIS IIDVED, _, IT IIA5 SECWD, TO TMU THE IIOTI•. Ayes: Council Nellbers Gulley, Hathaway, lltggtns, Bullock, Habenicht Nays: Council MNbers Clayton, ll1Nntelll II,~ 'lJJII-C' """' Notion carried; aotton tabled. ·~ (111) Council MNber Habenicht addressed several issues: . . . . ', • • • • - • • Englewood City Council Minutes Septlllber 1&, 1991 -Page 7 ·, • • t• • ... 1. She announced the City will receive $151,800.88 in lottery funds from the Conservation Trust Fund. She further explained these funds are dedicated to capital taprovements in the recreation area. 2. She tnforlled Council that the Library Board plans to recommend that a student IN!llber be appointed to the Board. 3. Ms. Habenicht spoke concerning a letter received from the Arapahoe Cul- tural Council concerning an upcoaing grants workshop. She recommended that staff attend along with others who are interested in seeking funds for cul- tural progrus. 4. She stated she ts considering introducing legislation which would affect proceeds received by the City froa sale of its capital assets, and she asked for input froa staff in this regard. 5. Ms. Habenicht (later in the aeeting} stressed the need for vigilance regarding the possibility of the State legislature funding education through an increased sales tax. (iv} Council Mellber Wiggins inquired about the request of ABM Man- ag ... nt Service to reaove trees in the vicinity of Trolley Square. City Man- ager Fraser advised the request aade by Trolley Square property 11anagement , ... s to be aoot at the present tt ... Council Mellber Gulley, however, felt the issue should be revisited as there ts a also growing concern among the Broadway .. rchants about the trees. City Manager Fraser advised that staff has been discussing the issue of trees and stgnage with the Englewood Downtown Developaent Authority (EDDA) and a proposal by EDDA is expected. Council Mell· ber Habenicht stated the trees, tf they continue to be a probl•, should be relocated and replaced with attractive, low shrubbery. The dil .... experi- enced by att..,ttng to blend the .. rchants' need for stgnage and the City's wtsh to provide greenery tn the downtown area was explored. Regardless of the outc-, Council Nlllber Clayton suggested the bus stop on Englewood Parkway be awed 50 fNt to the west, lllhich lfOUld visually taprove the south side of Trolley Square. (v} With r991rd to the EDDA proposal mentioned by Mr. Fraser con- cen1ing signage and other utters, Council Nlllber Hathaway stated the proposal wtll be given to Council in the near future. She briefly explained the pro· posal tncludes infonutton about an taproved stgnage package for the downtown area. Regarding the recent letter of lieorte All• tn the Englewood Herald, Ns. Hathaway stated the EDDA had discussed the .. uer and were planning to tntttate contact wtth the .. rchants to deter11tne their position. She stated the EDDA intends to hire a director lllho will facilitate that contact . The director position was discussed. She COllaented she still has not seen a legal opinion wtth ~•rd to the proper procedure for dissolving the EOOA . 13. Ctty lllnlter's llport (a} At the request of Mayor Van Dyke, City Manager Fraser provided in - fonutton concerning Council's current position on the derelict/hobby vehicle issue. He explained that in the event a property Ol!Mer with a vehicle whtch . . ---------- I • • • 0 - • • Entlwood City Council llinutes Septeaber 11. 1991 -Page 8 • • • t• aeets the qualifications of a derelict specified they were working on the vehicle, they would be granted a six-110nth waiver of the enforcement of the fee requireaent. At the end of six 110nths either the vehicle would be off the property or street operable and licensed; otherwise the fee would be imposed. 111th regard to towtng, the recoaendatton ts to expand the administrative policy by towing and ret10ving vehicles froa the City whether or not the City received ownership of the vehicle. Council Naber Hathaway requested that the recoaended proposals be sent to all parties who spoke before Council regarding thts issue, requesting their input. City Manager Fraser proposed a letter be sent by staff explaining Council's actions, soliciting input, and advising when the issue will be be- fore Council for for111l action. (b) Mr. Fraser trans•itted coptes of the agenda for the weekend budget workshop to coaence Friday, Septeaber 20th at 3:00 p.m. (c) He advised he recently toured the Project BUILD homes. There are seven sites either under contract or close to being under contract for con- struction. The neighbors in all seven locations are very excited about the progr•. Brochures about each stte are being prepared and will be available shortly. He also toured the hoaes tnvolved tn the Urban Hoaesteading Program and stated he fNls thts progr• will have an appreciable effect upon the netgllborhoods tn which they are located. He coaented that the proposed bud- get for 1192 includes an expansion of both progr•s. 14. Ctty Attorney's a.,ort (a) Mr. Dellttt provided a suaary of the .. ttng wtth Mr. Scherer, EPA Retton VIII Regional Adlltntstrator. The toptcs covered included 1) Toxic Cleanup Equtty and Acceleration Act of 1191; 2) Sewage Sludge Toxicity and Lowry; 3) Coapartson of Sewage Sludge to De Ntniats Criteria at Lowry. (b) 111th regard to National League of Ctttes' recent position with regard to SUPERFUND, Mr. Dellttt strongly u,ved Council to contact anyone they -, know wtth1n the National League of Ctttes' and coaplatn about the handling of tilts legtslatton. He also recog11tzed several tndtvtduals who have been very support t ve. (c) He provided Council wtth coptes of an article whtch appeared in the Vall Street Journal entitled •insurers Lose Round Over Cleanup Costs.• (d) He shared coptes of a letter froa RAdto Property Ventures expres s- ing apprectattOft to Ctty Council and staff relative to the relocation of the rldto station Oft the Bt -Ctty property . (e) Mr. Dellttt noted there had been s-dtscusston H to whether a letter shoUld be sent to the ctttzens regarding SUPERFUND. The status of th e 1egh1atton and Council 's opttOfts were revttwtd. . , I • • • - l ]- • • Englewood City Council Minutes Septlllber 18, 1991 -Page 9 15. Adjournaent • ,.. . ~ • CGUIICJL IIEIIID 11111115 IIOVED TO ADJCIUIII. The aeeting adjourned at 9:16 p.111 • •. • • • .. ... ,.# cm CIIIEIL -STA1US IENl1' Fii TIIE iiPIW 11, INI cm CGUICIL IIEETI. ~ Ortgt111ttng Ila D1Nrtant Dtscrtptton Action Taken 5A FIN S[RY COUNCIL NIIIIT[S 9/3/91 APPROVED 7-0 6A ClliR EJIILOYEE OF ant OF SEPTOIBER RICIND EDISCII, PMMEDIC FIRE DIYISICIII, SAFETY SERVICES 8A ClliR liUI.LEY'S R£SICNATICIII FRON MATER I ACCEPTED 7-0 SEVER IOMD • ClliR PIIOC~TICIII 9/17-23/91 CCIISTIMICIII MEEK PRESENTED TO APPROVED 7-0 DOIIIA SMTISTEYM, DAR REPRESENTATIVE IC ClliR PIIOC~TICIII 9/21/91 IUITJ• I FISHI• IMY APPROVED 7-0 IC ClliR PIOCUMTICIII 10/19-27/tl R£D RI-MEEK (DIIIC FREE COIIUUTY) APPROVED 7 -0 M ClliR PUil.iC NEMI• · 1192 PROPOSED BUDGET 1£TTY ACKER, 3140 S. DELAMARE, RE: SERVICE LEVELS (FIR£ I POI.ICE) MD COUIIC IL IUDIET MOlllSHOP EXPENSES ti ClliR PUil.iC HEMI• · HIGIIMY USER TRUST FUii> .. PRESENT IM PUB MIS OIDIS4 AUTNORIZI• SALE OF CITY'S APPROVED 7-0 CiltEEIIOIS( PROPERTY IIA UTIL CBl57 (INTRODUCED BY BULLOCK) APPROVED 7-0 APPII0¥1• TWO LICENSE AGREEMENTS -I - • ,, • I Follow-up COPIES TO BE DISTRIBUTED NONE I NONE TO BE TRANSMITTED ,· COPY TO BE TRANSMITTED TO SCHOOL DISTRICT CATTY OFFICE TO PROCEED WITH APPROPRIATE DOCUMENTS SECOND READING 10/7/91 r I l -~ , I • 7 II ' . ~ . ; I .. . } • ... • .. • (CCIITIMD) 111 UTIL llC FIN SER¥ 12A au lllt au IZltt au IZltt t au • 0 • • IIITN CNHIY MILLS Will.ME FOR CM»SSING tin DITCN 111IIO MEAS CIH2 (llfTIIIIIUCm IY CULLEY) ...... Ml£EIBT 111TH SGUTIUTE 111\TEI DISTRICT I ICICM\ 11£SOUICES, INC., IIELATI• TD 111\TH IICNTS FOR THE APPROVED 7-0 SOOTH PLATTE EICIWI&( PIIOJECT CINI (llfTIIIIIUCm IY CULLEY) PDIDt• FOR COST OF LIVING ADJUSMJIT FOR 11£Tlll£ES MYOR MIIOIIICm DE .. RONER Ifill IE YISITI• EREIIOOO SCHOOL DISTRICT CII t/20/tl (SIIICLAIR NIDDLE SCHDOl.) TD PIICll)TE COLOUDD 2000 IUl.LOCl: ME OF • CLAYTCII 11£QU(STm TMwtl FUll>S: APPROVED 7-0 HATIWMY am TD APIIDE TRAVEL EIPDl>ITU1£S OF CLAYTCII TD ATTEII> ac CCIIIFE11£11CE II D(CEIIIER; AFTER UH DISCUSSICII IIIC&IIS am TO TMl.E IIIICN 111\S APPROVED 5-2 (YAN DYKE I CLAYTON VOTING NAY) HMEIUCHT: 1) LOTTERY FUll>S -$151,800.88; 2) LIIIRMY IOUO IS RECCIIIEll>ING A STil>EIIT NENIER IE APPOIITm TO THAT IOUO; 3) IIDBSHDP IEI• COIIJUCTm BY MM. CUL TIM. COUit IL ON GRANT FUIIOI•; 4) CONSIDERING PR£SE1TING A ll>TION THAT FUNDS RECEIVED FROII SALE OF CAPITAL ASSETS BE EARNARKED FOR CAPITAL IMPROVEMENTS ; -2 - • SECOII> READING 10/7/91 SECOND READING 10/7/91 HABENICHT TO REPRESENT COUNCIL CATTY TO DRAFT ORDINANCE CALLING FOR ANALYSIS OF ALL EMPLOYEES WHO QUALIFY CATTY TO DRAFT LEGISLATION r I . 7 ; L-, I • "- I ,.__. • • I I ( COIT IIIIED) 5) E1PR£SS£D CGIICEMS OYER POSSIBLE TAI I1CR£AS[S DUE TO LACIC OF STATE FUIIDIIIC FOR SCHOOL DimICT 1211¥ au IIUiCIIS ASICED STATUS OF TREES CII WY I WY; ISSUE DISCUSSED AT LEIICTN IZlv ClliR HATIWMY PROVIDED STATUS REPORT CII CURlt£IT EDDI\ PIIOIIOSALS 13A ClliR FRASER AT ltEQU(ST OF MYOI VM DYKE APPROPRIATE LEGISLATION TO BE PROVIDED SUINY OF COIIICIL'S INTENTIONS DRAFTED AMENDING THE ORDINANCE RECiAIIDIIIC DERELICT/HOIIIY VEHICLES 131 OCR TRMSIU nED AGENDA FOR IUDGET ll>RICSHOP FIRST SESSION 3:00 P.M. 9/20 13C OCR STATUS REPORT CII PIOJECT MIILD MD IIIIMHIRSTEADIIIC.._. 14A CAffi SIIINY Of IIEETIIIC 111TH EPA SCHERER I ,, • • 141 CAffi •c·s POSITICII CII SUPERFUIID 14C CAm IMLL STR££T W MTICLE It£: CLEMIIP COSTS I IISUUICE CARRIERS 140 CAffi LITTEI Of AlftECIATICII ADI I ~ MDIO PIDPERTY VtlTUR£S 14( CAffi BE SW£RFUIID DISCUSSICII ~ .. ·. , PIIESOO: ' .. . ' ALL SEYEII IIEM(RS ao.JCJIIMED: 1:16 '·"· " • -3 - • ' • ' • • • - - • • J • • . • ' <. AGENDA FOR 11IE REGULAR MBB'11KG OF t• 11B BIIGLBWOOD Cl'IT COUIICO. 1. Call to order. SBP'l'EMBBR 18, 1991 7:30 P.M. 1: 3 I~. '777 . 2. Invocatton. {u -, ??~ 3. Pledge of Allegiance . //,1-t, 4 le_ 4. Roll call. 7 /J , ~ 5. Minutes. ,,_ a. Minutes from the September 3. 1991 Regular Ctty Council Meeung. ((/./f?-n4 8. Pre·Scheduled Vtsttora. (Please bmSt your preaentatton to ten minutes.) a,J)I>" J..-0 J. a. Richard Edteon. a flreftgbter in the Safety Services Department. wtD be ~ ~ ,J honored as Englewood'• Employtt of the Month (OI' September. ~4~1-41 7 . Non-Scheduled Vtsttora. (Pleaee bmSt your praentauon to Dve minutes.) 8. Communicationa. Proclamllttom and Appotntmmta. 4 CCi~ J a . ~tter from Shert Gulley tndkaUDg her resignation from the Water and ?-Sewa' Board. ~ ,HA ,u~ ti/ft/!.-~/ b. ProdNMUOn dedar1ng the week ofSeptanber 17 Ulrqu&b 23. 188) •"" UJ« v c...utatla w--. ' A#t,. ~,-. ~ AJ t4-c,u.;/i'!<Z.:r- ~· {) ' .J),J~ ) ~" c . Proclamlltion dedllr1nC SeJ4ember 28. 1881 • ..,,, ... _. 71 to I '../ ,4 _ DaJ. 4l"'A4< ' . . ' I· • • - • City Council Agenda September 16. 1991 Page2 . ' • ,,_ • i. • d. Proclamation declartng the week of October 19 through 27. 1991 as Red Ribbon Week t~ show our stro~ co~tment to a drug free ,,/l_ 1 . iJ community. 'f(),1 ? ~ ( ~O, ~ /~ .x#tllU ~d) 9. Public Heartng. a. A Public He~ to gather citizen input on the City's 1992 Proposed Budget. (0 ~ach,c_,, 3,11c ~'-"2.aJ~u~ b. A Public Heartng to gather citizen input on the Highway User Trust Fund. 10. Approve on second reading. &t'7 II 5t/ a. CouncU Bill #59 authortztng the sale of the City's Greenhouse Property. a;,p-1 7-P .clu.-d er ,6 11. Ordinances. Resolutions , and Motions . a. Recommendation from the Water and Sewer Board to adopt a btll for an ordinance approving two Ucenae Agreements submitted by Cherry Hilla Village for the constructton of a 6 " water line. ST.An' 80URC&: lltewut Foada. Director of VtlllUN. ~« ~ Recommendation from the Water and Sewer Board to adopt a btll for an ordinance approvtng an Agreement wtth Southgate Water Dlatrtct and Kiowa Reaources. Inc. relaung to Water Rights for the South Platte Exchange Project. ST.An' IOURC&: Stewart ....... Directer of Vtllltlee. ,6c.~ I ('/..1. II (/-I c . Recommendation from the Nonemergency Penaton Board to adopt a btll v for an ordinance provkllng a coat of 1Mng adjUatment for reureea. ,-fl"· 1· 0 ff.An IOURCS: ........... ...,_, Directer of nenc:W ........ ~"dt4r 12 . Oeneral Olacuaaton. a. Mayor'eCbotce. -•~-'u-' R~,; ~~;'j~ .. (:/'4'Jc., I'~~ .2l/lt.lP) b. Council Member's Cbotce,(, • ~ t ~JI"-) 13. City Maner-·• Report. .... ,;_;..,J~ ~ JS, .. ",·~1 IN'c~ ~t)-..11 IJ . n,.1 ; ~,~ i ltt'-•-~.11,#l~'l ~, '('""- . ' • . • .; I • • , - - • • • II - • C• • ' j City Council Agenda . September 16, 1991 c~J ~"-7 1' /A.l.dt,;tr; w/ t f,?IJ J lu tc v Page 3 6) /vt t ':J f.Ml-&-m M'\, SukR ft1VD (!) U ',u.f ~u~.V'\A,(_~ ClKl«A « ~~u,~{~ 14. City Attorney's Report. d ) tctb-.. "'1 4. u~iL~ ~t. 11,k,/J~dr ~,,Jau--, .~ e ) !i1n.. ¥"' "'.,..,ti dtJc-a1.Y.Jur·n. AdJoumment \,y~t 1 . \l, &1· L"' " ... , . f-'" • The following minutes were transmitted to Council from 8/ 30 /91-09 / l 2 /9 l: -Board of Adjustment and Appeals meeting of August 14. 1991 -Publtc Library Board meettng of August 27. 1991 -Liquor Ltcenatng Authority telephone poll of July 17. 1991 -Liquor LtcenatngAuthorlty telephone poll of August 21. 1991 -Englewood Housing Authority meeting of July 31, 1991 -Water and Sewer Board meettng of August 13. 1991 -Parks and Recreation Board meeting of August 8, 1991 -Planning and Zoning Commtask>n meettng of August 20, 1991 -Englewood Downtown Development Authority meettng of August 14. 1991 • .. .. I. • • , ,, I -• • EIIILEMOOD c1n CCIIIICIL ENILElfOOD, AIAPAHDE CClla'l'Y, COLCIUDO Regular Session Sept ... r 3, lHl I. Call to Order • 5 A The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:35 p.a. 2. Invocation The tnvocatton was given by Council Nellber Bullock. 3. Pleqe of All .. iance The Pledge of Allegiance was led by Mayor Van Dyke. c. 1o11 can Present: Absent: A quona was present. A ho present: 5. ltnutes Council Nellbers Hathaway, Gulley, lltggtns, Bullock, Clayton, Habenicht, Van Dyke None City Manager Fraser City Attorney Dlllttt Deputy City Manager Martin City Clerk Crow Director Esterly, Public Works (1) CGUIICJL _. lflMla MWD, -IT IIU BIiia. Tl ..... 1IIE llllfftS Of' THE ..... IIEtTI• Of' MaST 11, lNl. ~es: Council Mlllbers Gulley, H1th1W1y, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Nolton carried. 6. PN-sdlNulld Visitors There were no pre -scheduled visitors. 7. IDn-sdlNulld Vtsttors . , I. • • , ~ I ]- • Englewood City Council Minutes Septeaber 3, 1991 -Page 2 <. • • • (a) Betty Acker, 3140 South Delaware, reiterated her c01M1ents aade at the previous meeting that the new legislation regarding derelict/hobby vehi- cles is unfair and not necessary if the previous ordinance had been enforced. She et11Phasized that a vehicle which is uninsured and not licensed should not necessarily be considered derelict. Ms. Acker later returned to the podiu• and stressed she agrees wholeheartedly that "eyesores" should be re110ved, but the previous ordinance would have accomplished that if it had been enforced. She does not wish to lose the right to restore an older vehicle on her own property and she does not feel that a vehicle should require insurance or licensing until it is ready for the street. (b) Ray Barlow, 3120 South Delaware, presented petitions on behalf of Steve Puryear containing 27 signatures requesting Council to aaend Ordinance No. 11, Series of 1991, with reference to derelict/hobby vehicles. He COll- aented that all of the people he had talked to viewed the new derelict/hobby vehicle provisions as unfair . Defense of the ordinance was offered by Council Mellbers Clayton and Bullock. Council Member Hathaway explained that this legislation was passed as part of a total package, and the specific probleas with this section can be reviewed and refined. It was pointed out that there 1s considerable support in the co•unity for getting rid of Junk cars. In response to Council Melllber Habenicht 's c011111ents, City Manager Fraser indicated staff will be presenting rec011111endations to Council in aid-Septeaber in study session. The derelict vehicle issue was further debated by Mr. Barlow. (c) Joe Macaluso, 4068 South Washington, turned in petitions with 20 signatures requesting Council to amend Ordinance No. 11, Series of 1991, with reference to derelict/hobby vehicles. He questioned how the City plans to enforce the ordinance . City Manager Fraser explained enforceaent procedures. 8. Colllun1cations and ,rocl ... tions (a) COUNCIL 11(111(1 NATIWIAY IIOVtD, Allt IT IMS SECWD. TO M:Cm IIITN IIEAT HLUCT•E TNE 1£S1•n• Of MALT TOIIOCIU F1IGII TNE EIIIU. .. INIIITIIII DnnOMElff auna1n. ~es: Nays : Motion carded. Coun il Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (b) COUNCIL 11(111(1 NATIWIAY IMED, -IT IMS ..... TO M:Cm IIITN KE, UIIETS TNE lESIIIIATI• Of KEVIN STEELE FD TNE EIIII EIIOID INIIITIIII DnELOMElff auna1n. Ayts : Coun 11 Mellbers Gulley, Hathway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : Non Motion carried . Counc 1 Metlber Hathaway requested that the letter accepting the resignation also extends congratulati ons to Nr. st .. lt for his opportuntty to open a ntw Safeway store in Littleton . 9. Pull11c .... ,1111 No publ ic h ar ng wa s sch dultd before Counci l . • I. • , I -• . (• • .. Englewood Ctty Counctl Ntnutes S.pt .. ber 3, 1991 -Page 3 10. Approval on second Readtng COUNCIL NEIIIER HATHANAY NDVm, -IT IIAS SEtam, TO APflllOVE • SECOND ROD-1• Mam ITENS 10 (a) TlllCIUIII (c) AS FOLLM: (a) ORDINANCE NO. Sl, SERIES Of 1991 (COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER HATHAIIAY) ENTITLED: AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF ENGLEWOOD AND SWEDISH tl>B III PARTNERSHIP, LTD., TO OBTAIN AIRSPACE OVER PUBLIC STREETS. (b) ORDINANCE NO. S2, SERIES Of 1991 (COUNCIL BILL NO. S6, INTRODUCED BY COUNCIL MEMBER GULLEY) ENTITLED: AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE REGIONAL TRANSPORTATION DISTRICT (RTD) FOR ENCLOSING AND CROSSING THE CITY DITCH FOR THE PURPOSE OF CONSTRUCTING AN EXPANSION OF AN EXISTING PARlt-N-RIDE. (c) ORDINANCE NO. S3, SERIES OF 1991 (COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER BULLOCK) ENTITLED: AN ORDINANCE APPROVING A CONTRACT BETWEEN THE STATE OF COLORADO HIGHIIAY DE- PARTMENT AND THE CITY OF ENGLEWOOD FOR A TRAFFIC FEASIBILITY STUDY OF COLORADO STATE HIGHWAY 2BS, FRON SOUTH SANTA FE TO BROADVAY. Ayes: Nays: Motton carried. Council Neabers Gulley, Hathaway, Vt91tns, Bullock, Clayton, Habenicht, Van Dyke None 11 . Orclt nances, Rnol ut tons 1111111 llot t OM (a) Director Esterly presented a recaaendatton frca the Departaent of Public Works to adopt I bt11 for an ordinance authortztng the sale of the Ctty's greenhouse property located at 2540 Vest Unton AveMe. llr. Esterly stated one btd had been received frca Waste Nanageaent of Deftver-South tn the aount of 1140,000. The Ctty Clerk was asked to read Council 1111 No. 59, entitled: COUNCIL Bill NO . 59, INTllODUCED IY COUNCIL IOIER CLAYTCII A Bill FOR AN ORDINANCE AUTHORIZING TH£ SALE Of R£Al. PIOP£RTY, SAID PIDPERTY BEING C(IIOIL Y REFERRED TO AS THE GREEJIIOUSE All> LOCATED AT 2540 11£ST llllCII AVENUE, ENGLEWOOD, COLORADO . CCIUNCIL .... cun• IMO, -IT -SUIIIID, TO ...... --ITDI U(a) -CCIUNCIL IILL •• H. Council Nlllbtr Hathaway suttested IMftdtng the Counctl 1111 to state the pur · chase prtce. Council NeaDtr ClaytOII ,rttd to this 11 1 •frtendly ... ndlltnt.• A MW section ldenttfled II StcttOII WIS added to Counctl 1111 No . 59 as follows: " - ' ' I . • , . ' • ]- • • • Englewood City Council Minutes Septeaber 3, 1991 -Page 5 <. • • • of Ctttes Conference tn Las Vegas, and was infonned the conference ts scheduled for Decelllber 12-16, 1991. Registration and travel were briefly discussed. (iv) Council Metllber Habenicht stated the Library renovations are coaplete and very iapressive. The ingress/egress gates were discussed. Ms. Habenicht suggested that signage be provided on the outside of the C01111Unity ROOII door inviting the public to join Council during the study sessions. (v) Council Mellber Clayton expressed appreciation to City Manager Fraser and stiff for preparation of the 1992 proposed operating budget; he cOIIIN!nted upon its conciseness and its readability. Council Mellber Hathaway concurred. Mr. Clayton explained to Council he will be discussing with the Keep Allerican Beautiful C01111ission his •personal perspective• concerning the aunicipal solid waste study; he stated he would be certain the COllalission un- derstands he is not representing Council in this issue. (vi) Council Member Bullock offered several ite111s: 1. He advised he is circulating an initiative and referendu• petition rela- tive to Council travel. 2. He requested a copy of the City's personnel rules and regulations with regard to hiring and firing. 3. He c011111ented upon the presentation by the consultants Knight-Ross. 4. He COIIIN!nted upon the study session presentation by the Buildi119 Division and questioned its purpose. 5. He stated he had been asked to pursue with Council the review of the con- tinued need of the E119lewood Downtown Development Authority .tlich, accordi119 to his source, aay have reached its aaxi-effective life. This was dis- cussed further and the aatter will be reviewed in the future. 13. City llana .. r's Report (a) Mr. Fraser transaitted copies of The Englewood Citizen which con- tains inforaatton about the budget . 14. City Attorney's .. port (a) Mr. DeWitt advised Council that the EPA has coapleted its coa- prehensive audit of the Bt -City operations. (b) He stated a aeeti119 has been scheduled with Ji• Schearer, EPA, for Septeaber 13, 1991 regarding Muntctpal Settl ... nt Policy tn the sludcJe issues. (c) He discussed briefly aunicipal enforcement of liquor code viola - tions, especially with regard to use of alcoholic beverates by ainors . • I. • . , , 2 I ]- ] . ' Engl..ood City Council Minutes Septlllber 3, 1111 -Page I • • • ,. - ~ C• ~ ' (d) He advised that notice has been served on Pennhouse Apartments with regard to Building Code violations which are health and safety related. (e) Nr. DeWitt referred briefly to construction on Santa Fe (railroad spur relocation between Hupden and Belleview). (f) With regard to dollesttc violence cases, he advised that his staff ts reviewing and reevaluating the current trend of violations which are now occurtng aaongst the atddle-tnccae class. He informed Council that enforce- ment ts becoatng aore coaplex, defenses are aore sophisticated, and the need for tnvesttgatton ts aore apparent. (g) Nr. Dellttt presented tnforutton about the settl-nt and release agreeaent with Nart t n Nanufacturt ng Coapany, and requested a aot ton for approval. CGUIICIL 111111D u.Loat IIIDVED, Mm IT IIAS SECGIIIID, TO APPIOVt THE SETTUIIEIIT Mm IELEASE MIEEIIEff lfllN MITII IWIIFACTllll• CGIPMY. Ayes: Council Nellbers Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Abstain: Council Nellber Gulley Notion carried. Council Nellber Gulley was asked to explain her reason for abstaining; she stated she was untnforaed about the aatter and did not wtsh to vote on that basts. Ctty Attorney Dellttt offered the acceptable reasons for abstenttons, addtng, hcMever, that a council ....,.r aay be excused froa vottng wtth Ulllllt- llOUS approval of the other ....,.rs of Ctty Council . •• fM IWIE .... -IT IMS m1•a, TO M:CEP1' TIii MSTAIII• Wit If' CGUIICIL _. MLlY II 1IIE INTII .. 1C1111. CIIRIY IETTUllllff. Ayes: Coacil llleers Hatlla,ay, WtRtns, •noct, ClaytOII, Habenicht, Van Dyke lays: lone Motton carried; abstention stands . • • • • • Ctty Manager Fraser advtsed that throutfl a cooperative effort wtth the School Dtstrtct , the City has beetl asked to display SOIII of its equipa111t at the high school football ,_ Friday evening, Septeaber 6 , INI , as a part of •Engle - wood Night .• • • • • • • . I . . 0 t ~,, I - - • · ... Entl-.oocl Ctty Council Ntnutes Slptlllber 3, 1991 -Page 7 15. Adjounaent <. • • • ... COUNCIL IIEIIIO IULLOClt IIOVED TO AD.JOUIN. The aeettng adjourned 1t 9:00 p.a. . , ... • • • , - - • ' I A...-19, 1991 Mr. na. Fu11ertaa, aw, Water llld Sewer Baerd ~80110 DearDoa: . , • ' , •. . ,. • .. 8 a • , ~• ]- • • • • ·, • .. 'l,tOC LJI MJI 'TIO,(. ~. our fo-ill,w fatMn, iia-"" to"°" "-flus;,,,, of Glen, for ~ aJ wir po,tcri'J, tM OtMia .J utdlW • Corutitutiora /or 1M fJrtitd Stotu of JI--'"; ,u,4 ~. it u of Ml l""'U' u.pm tut .a ciau,u foll, 1U1MrstllJ,. pn,r,isioru fUl4 pri,,dfJlu unutli,J ua Ml Coutitutiora ua tnl,r to .n,ppon it, p,u,rw it oJ tkf,J it ,waifllt """*-Ill; - ~. Ml two ~ oJ Joun/a tlfllliom,uy of Ml siri"I of tu C01Utitutin prow/u a utoric o,pom,,utf for a/1 ~ to t,.,.. UOlit .J r,u,Jl diew••U of our /OIIIIMrl. -.. rep., -.. """' -1"fNIIIU of dtiurlMip, ,,, ""'1,,, "' ........ ~;- ~. "'i,,Mpatl.ar.,~"'. ~,,..if. c ......... ""'1U N ~if.,,,.,,,.,. ur,..,,;,, .J atlllitiu 811¥ 'COIUaturioil ~ Sqt,a$a 11 """w' IJ, Ill~ if ,,._.ti,,. of tM f'luiMat of 1M fJrtitd s ..... of Jl...u • .......,..1111" fW& Llw ,,,, ,(p'W~~ I, StlSJl!J(,'VJt1(~ ~ of tu City of~ Col«r,,/,,, ""if ,rodaa tu --to/ .S,,..... J7 """w' IJ, llJl 111 CO'J(m'IWIO'Jl ~ ua "-Ci'f of £yn'HI( o,l,o,Mo, .J,,,.. .a our dtiuu .. ,., ,p,cilll •ttorio• Luri"I au, ..,t eo ow~--C11111tituaot1 •J t'--"-• o/ A-"-Ci""""". (jl~11rtMr., uJ aJ IUll s6u ''" Mf o/ ~ llJl . " - 8 b .. - - • • • . , . ·, • <' 'l'lOC LAN Jt 'TIO,{_ ~. ""'""'" sp«tspmoru fro,,, 'C.Jl/ln,ootl uw supporutl tau to dou ""'°"' ,,,J Ullltro( "'-¥ ,,,J fis1i1¥ ill .-to "Ji, rutorw ON{ moi11tair& flliU!if, popu/1,tioru; aJ ~. ~ COIIUm for '1liUlifo '°' """'"ill "" -.w1op,,.,., of. sdatifo ""'°'"" to "" pn,turin tuJ prop .... of wUGf,; at/ ~. Wlil4if• ncrutioia MW pr,n,iMs ncrutiOII to mil&ms of rrsiUIIU au llisi,o,, to ~ City; aJ ~. '£,y/n,ootl ii '-'for• r.,, ,,__ of tM Sw.i sportsp,"°"' au ,co,ioaic ruMrd u, w/luutl tut • sw,,ifiau,t ._, of sponsp,rsn uq,,"'61WU .,. ,... ;,.~·"" ~. -'aa wUGfo ,qats ncqpiu eu aueutic N ncrutioul '11111w, of flNlllif• -....,. ,,,,,. • JW,. ,..., ., • '-"' Mdu,;a/ kw/; - ~ •••• .., -/WI¥ fri¥ .,. ,.. '' lil/io,a ......,,., "' "' "°"°., of ,-Cilf tuJ Stat,; ,a,,w~~ r, SUW{~~ ,,.,. of"' ae, of~ Colitn4 •If ,rocla• .S.pt,,'*' U. i,,i 111 ~ MtJ) ~ISHl'>(q f>A7 ia "-Cie, of¥.-ad ,up 1111 ;..,.,utf tiliuu • ..-,., tl,,../r,u M'" ti, nu "°"""°"' uw .,,,.,,ti ia "-~ •J ,,.,_ ... of 18• •J....,... ,,.nu of .....,, itMI • fis'- (j1'1t:!>(. .. ,., ., ,..,,. •J •• "" "" ., of s.,,..,.,,, '"' · • I • 8 C ' • • , - • • • • • 'P~O CL JU,( JI TI O'J(. ~. ofuM( anti owr t!rug olus, ill Mis 114hOII NU rrlldid tpu/trni& proportwns, anti CM J f-24 year-of4 "II' a,oup is t/gilf8 a, • fos"r nu, WIii "lff odicr "II' a,oup; anti ~. it is i•pcnuir11 "4t fli.siik, Utlifid pr,Wlltum ufucatum efforts 6y ,omrnullity """'"" 6e "'-cW to '""" * I...J for '"'as; oJ ~. &M C°"'1rrMII 71M1111in of f'arnts for~ 7ru 7ou'4 is spo,uori,,a &M ~tionlll ~ ~-C.,,,p,qp o/ftri,w dtiu,u &M o,poraua'J to *"'°"'tnJtc dicir com111itNnt to ""'8 f,u Gfu¥U; tlNi ~1 &M ~tio,u,J ~ ~-C4lllf'GWI' fllill 6, ""'4,d ill CW'!/ COIIIIHmty i11 Jburi&a 1>ilri,W ~~-~ Octokr JJ,4 """"'Octo6er 27,4 JJJJ; anli ~. t'ruiMllt 'i""II' 1'1114 """'),(r,. ,.... .... "' ~,it,nlll """"""Y da;nn,11, anti (jOflfflfOr ""' "'_,. ar,,/ Nn. "'.,,. 111'1 w SMU ""1&on,,y CNlin,rtll to proviM ,ommullity focus Oil • ~ 7ru ~ "1111 ~. 6tuiuuu, ,,,,,,.,_.,, In, ,r,forua,.,, stlools, "'i,ious i,utitutiollS, s,n,iu orp,11U4tums, you,4 ,t,,,idas, ,..., dtiu,u, .,..,,, sports ,,..,, """inliiwlllllls will • ....,,,.,, wir coauatan1 to ""6-/r-, -"', Gfutpo fr -. • """""'6 rd ri6fof&S t.ri9 t4is aw,l "'"* Ula,... '11)'W~~~ 1, $USM{~~ N.,., of* City of t:aw'.-CJ,/o,w, •rrff prodt,;111 t6, IIIU(of Octoler 1' ,-.11, JJfJ ., 4114 t"'°""lf' "-dti.uru of~ to ,-,;u,.. la -. ,,..,...,. """'""' octillitiu, -.i,w • flUilf. SM•••t IUt M .. st""'tl, unuat,-ta a .. fr-,.._.,,. 9, i, fi,,t/,,n .,.._ .. , tM ~ 0,, CMllldJ., t6, Clty .,~ llltOU,., .JI ,iriuu ta~: -,,Y a<orcc. ... 'M.,tl(j ~t:· fWU{-'r.., u,J a,J HIii t4is ''".,., s.,, • .,,, JJfJ. r 8 d I ' I· • 0 t l ]- • • ORDINANCE NO. 6!I.. SERIES OF 1991 • • t• • BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER CI.A YTON AN ORDINANCE AUTHORIZING fflE SALE OF REAL PROPERTY, SAID PROPERTY BEING COMMONLY REFERRED TO AS THE GREENHOUSE AND LOCATED AT 2540 WEST UNION AVENUE, ENGLEWOOD, COLORADO. WHEREAS, the property i1 no lonpr neceuary for municipal purpose,; and WHEREAS, it i1 in the beat interut of the City to sell the property; and WHEREAS, the property wa1 advertiaed for 18le and open bid1, and an acceptable bid wa1 received; and 10 a WHEREAS, the higheat bid wa1 Crom Waite Manqement of Denver South; and WHEREAS, it i1 in the beat interut of the City to accept the bid; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Stc;tipn 1. The City ofEqlewood ahall ..U and deed to Wute Manapment or Denver South real property clelc:ribecl u follow,: Arapahoe County, State of Colorado. A tract of land in the Northeut 1/4 of the Southeast 1/4 of Section 8, Townabip 6 South, Ranp 68 Wnt of the 8th P.M. deac:ribed u follows: Beaioninc at a point on the North line of the Northeut 1/4 of the Southeut 1/4 which ii 344.2 feet Weit of the Northeut corner of'the Nortbeut 114 of the Southea1t 1/4, then South O depeea 08 minutea uat 827 feet to a point, thence North 89 d...-. 62 minutea Wut 121 feet to a point, tbmce North O depeea 08 minutea wnt 827 feet to a point on the North line of the Northeut 1/4 of the Southeut 1/4, thence alon, the Nonh line of the Northeut 1/4 of the Southeut 1/4 North 89 depw 61 Minutea uat to the point of blcinninl, ucludinc the North 86 feet for road purpoeea a1 ducribed in Book 1689 at Pap Me of the County of' Arapahoe ncorda, containins 1.66 acna more or leu. alao leplly deacribed u: TIS, RAW, 8th PM, Section 8, 8-innins 344.1 feet weat of the northeNt comer of the NB1/48Bll4, then IOU&h 117 feet, then welt lit.a feet. then north 827 feet. then eu& to &he DOint of blalnnhte, acep& tor the roada in Section 8, T48. MIW, etla PM. The mrth I& ' I· • , ]- • • • ORDINANCE NO. 61 SERIES OF 1991 • • I • • BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY BEING COMMONLY REFERRED TO AS THE GREENHOUSE AND LOCATED AT 2540 WEST UNION AVENUE, ENGLEWOOD, COLORADO. WHEREAS, the property is no longer nece1Sary for municipal purposes; and WHEREAS, it is in the beat interest of the City to sell the property; and WHEREAS, the property was advertised for sale and open bids, and an acceptable bid was received; and ,,. - 10 a WHEREAS, the hi1heat bid was from Waste Manapment of Denver South; and WHEREAS, it is in the beat interest of the City to accept the bid; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;t,ion t. The City ofEnclewoocl 1hall ..U and deed to Waste Manapment of Denver South real property described u follows: Arapahoe County, State of Colorado. A tract of land in the Northeast 1/4 of the Southeast 1/4 of Section 8, Township 5 South, Ranp 68 West of the 6th P.M. described as follows: Bepnninc at a point on the North line of the Northeast 1/4 of the Southeast 1/4 which is 344.2 fNt West of the Northeast comer of the Northeast 1/4 of the Southeast 1/4, then South O decree• 08 minutes eut 627 feet to a point, thence North 89 deeree• 52 minutes West 121 feet to a point, thence North O decree• 08 minutes west 627 feet to a point on the North line of the Northeast 1/4 of the Southeut 1/4, thence alODI the North line oftbe Northeast 1/4 of the Soutbeut 1/4 North 89 depw 62 Minutes wt to the point of becinnini, ududin, the Nonb 36 feet for road purpoeea as described in Book U589 at Pap 248 orthe County or Arapahoe records, containin, 1.66 acres mon or 1 ... also leplly detcribed u: 1'58, Rl8W, 8th PM, Section I, ~nnl"I 3'4.2 feet wut ortha northNn comer or the NBl/488 , dlan IOlltla 811 feet. than waat 121 .5 feet, then north 811 feet, dim au& to die paint orbepnniq. axcep& tor die roeda ln 8ecdon I, T48. RaW, ltla PM. TIie north 25 • • . I . • , - J - • • • • ,, - • • ------------------ feet of the west 45 feet of the above described property acljacent to the south right of way of said road shall be retained by the City as an easement for an emergency warning siren. Section 2. retained. An environmental easement for the warning siren is to be Section 3. That the property is sold u is, without any warranty whatsoever, including warranty of title, warranty of quiet enjoyment, or any warranty with respect to environmental hazards that may exist on the site. Section 4. The Mayor and City Clerk shall be and hereby are authorized to sign and attest said deed and other appropriate documents for and on behalf of the City of Enslewood. Section 5. Purchase price is to be $140,000. Introduced, read in full, amended and passed on first readin, on the 3rd day ofSeptember, 1991. Published as a Bill for an Ordinance on the 5th day of September, 1991. Read by title and passed on final readins on the 16th day of September, 1991. Published by title u Ordinance No. __ ___, Series of 1990, on the 19th day of September, 1991. Susan Van Dyke, Mayor ATTEST: Patricia ff. Crow, City Clerk I, Patricia ff. Crow, City Clerk of the City of~wc;:'.:«,.Colondo, hereby certify that the above and fonpins la a true copy ot a puNd on ftnal readin1 and published by title u Ordinance No. Seri• ot 1991. Patricia H. Crow ·2· I . • 0 ' 2 I ]- - • • • • ,~ • ' '· feet of the west 45 feet of the above described property adjacent to the south right of way of said road shall be retained by the City as an easement for an emergency warning siren. Section 2. retained. An environmental easement for the warning siren is to be Section 3. That the property ia sold u ia, without any warranty whatsoever, including warranty of title, warranty of quiet enjoyment, or any warranty with respect to environmental hazards that may exist on the site. "~ Section 4, The Mayor and City Clerk shall be and hereby are authorized to sign and attest said deed and other appropriate documents for and on behalf of the City of Englewood. Section 5. Purchase price ii to be $140,000. Introduced, read in full, amended and paned on ftnt reading on the 3rd day of September, 1991. Published u a Bill for an Ordinance on the 5th day of September, 1991. Read by title and paned on final reading on the 16th day of September, 1991. Publishacl by title u Ordinance No. __ _. Seriea of 1990, on the 19th day of September, 1991. Susan Van Dyke, Mayor ATTEST: Patricia ff. Crow, City Clerk I, Patricia ff. Crow, City Clerk ol the City of ~~~orado, hereby certify that the above and fonpinc ii a tru copy ol a puaed on ftnal reading and published by title u Ordinance No. Seri• ol1991. Patricia ff. Crow -2- , • .. I . • • . • , ~ I ]- • • • ORDINANCE NO. !i!I.. SERIES OF 1991 • 0 I• • BY AUTHORITY COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER CLAYTON AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY BEING COMMONLY REFERRED TO AS THE GREENHOUSE AND LOCATED AT 2540 WEST UNION AVENUE, ENGLEWOOD, COLORADO. WHEREAS, the property is no longer neceuary for municipal purposes; and WHEREAS, it is in the best interest of the City to sell the property; and WHEREAS, the property was advertised for sale and open bids, and an acceptable bid was received; and 10 a WHEREAS, the highest bid was from Waste Manqement of Denver South; and WHEREAS, it is in the but interest of the City to accept the bid; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section t. The City of Enclewood shall ..U and deed to Waste Manapment of Denver South real property described u follows: Arapahoe County, State of Colorado. A tract of land in the Northeast U4 of the Southeut U4 of Section 8, Townahip 5 South, Ranp 68 West of the 8th P.M. described u follows: Becioainc at a point on the North line of the Northeut U4 of'the Southeut U4 which i1 344.2 feet West of'the Northeast comer of'the Northeut U4 of the Southeast U4, then South O decrees 08 minutes eut 821 f'eet to a point, thence North 89 depeea 52 minutes w .. t 121 f'eet to a point, thence North O d...-. 08 minutes west 627 f'eet to a point on the Nania line of the Northeut 1/4 of'the Southeut 1/4, thence alone &he Nania line of the Northeast 1/4 olthe Southeut U4 North 89 cl...-51 Mlnutae east to the point of' bepnnin,, ududinc the North 35 f'eet for road purpoeu a1 dacribed in Book 1589 at Pap 148 ol&he County ol Arapahoe record1, contatnin, 1.85 acna mon or 1 .... also leplly described u: 1'58, RAW, 8th PM, Section a, Bealnnllll 3'4.1 feet wut of the northNat comer ol&he NBl/4SIUT4, tllen NUda 111 f'eet. then weat 111 .& f'eet. then north 111 feet, tllen _.•die DOint ofbesinninc, --,& for &he rwla la 8ecda I, T48. IIIW, Illa PM. The north• • ' I· • I ]- ]- • • • <R>INMCE NO. Sf.RIES CF 199_1_ • • t• • BY AlfflDUTY A BIU. PtR //OJ Ml <R>nw«:E APPKWIR> A LIC!JR JIGREl!)Bff IEntEEN 'DIE CITY CF IHil.a«XD Ml> at!RRY HILLS VILLMZ PtR 'DIE CXlfS'l1lala. CF A SIX D«:11 M'ffiR LINE BY OIRtY HIILS VII.UtGE CRJSSD«. 'DIE CITY DI'lOI IN nD MF.AS. "°™• 01eny Hills Village has SI.Dlli.tted a Licaule Agr I at for the ocnst.ructia\ of a 6" water line in the vicinity of F.aat Jeriyat Avenue and U.S. Highway 285, East of Clarkaa\; and IIIERF.AS, the propoeed 6" water line croaw the City Ditch twice, cn:e under the open City Ditch and a,ce will crcas under an aw::loeed pipe; and WHERF.AS, 01eny Hills Village will own the water line and the City of Dlglewcod will maintain the water line; t«Jf, ~. BE IT ~ BY 'DIE CITY au«:IL CF '1111 CITY CF JHil,DIXI), ~. AS PCLUMS: Sectia\ 1. 'ffw LicenN A,gnm1 ,t betuaan the City of l!hglwood and Owrry Hills Village to aonst.ruct a Six inch (6•) Nater Line croaing the City Ditch twice (once under an open ditch and CftClt under an ancloeed pipe) in the vicinity of Bast ~ AV81'1Ue and U.S. ~ 215, a.t of Clarucn is hereby approlllad. o.rry Hill• Vill• will CM1 the ..-Una and the City of l!hglewood will aaintain the water line. Q:ipia of the License A,gl I B m ,t is attached hereto • Bllhibit A, and incmpantad twnin by refarmoe. A. 'lhl Licenae A,gr1 at with Owrry Hills Vill-,. for the • pr~ ,. water line which c:rmw under the cpal City Ditch at Eut ~ Aw in Tract 7 of Hi9gin's South llrollllay ~. B. 'lht Licenae Agrl I I ,t •rith 0wrry Hilla Vil1-,. for A t*.....-S i• water line croaNS \n:ltr an mcloaed pipe located at ..,._. PtQJ Hollow in Tracts 6 and 7 of HiCJl)in'• South an.lay~- Sectia\ 2. 'lhl Mayor and the City Clerk are tmmy authariad to sl9ft and attest the LiC9\N Agr1 • • ,t foe and an bahalf of City Ocuncil and tM City of Pngi.wood. Int.rocb:,ed, NAd in full, and p....s an fint NAding m the 16th day of AaptM,er, 1991. I . • , ]- • • • • ~ • ' <. septeaber 16, 1991 11 a water Linea Sn9lewood Water and Sewer Board Stewart Fonda, Director of Utilitiea ,, - ' "' Licenae A9r .... nt for Cherry Billa Council approval of the tvo Licenae Agr .... nta aubeitted by Cherry Hilla Village for the conatruction of a 6· water line. llc,a.. The LicenN "9reeaenta -re approved by the S119levood Water and a-r loard at their Nay lt, 1991 ... ting. The propoeed line would cro•• the City Ditch twice between ltenyon and 211, eaat of Clark-. One UcenN agreeaent 1• for croeel119 under an open ditch and one 1• for croaal119 under an encloNd pipe. Cherry Bill• will own the water line and the City of S119lewood will -intain the water line • .. - The pipi119 will conaiat of a 6" water line aero•• Saat Kenyon A,,.nue in Tract 7 of Bl99ln'• south aroadwey Nei9hta • llocle, ' ---- . ' • . I • • 0 , ]- • • • • . .. IN WITNESS WHEREOF, thi• instruaent has been executed a• of the day and year first above written. CHERRY HILLS VILIAGE, CITY OF ENGLEWOOD, A'l"l'BST: ATTEST: City Clerk Lica9116 -4 - • . I. • 0 I J- • • ,. - • • '. 8, Th• Licensee shall contact and fully cooperate with the City's personnel and the construction shall be coapleted without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assuae all risks incident to the possible presence of such waters, or of stora waters, or of surface waters in the City Ditch. 9, All trenches or holes within the City's rights-of-way shall be backfilled and taaped to th• original ground line in layers not to exceed six (6) inches loose aeasure to a coapaction of ninety per cent (901) Standard Proctor Maxiaua Density. 10, Lic•n•••, by acceptance of this license, expressly assuaes full and strict liability for any and all daaages of every nature to person or property caused by water froa the ditch leaking through the ditch banks or pipeline at th• point or points where the Licensee perforas any work in connection with th• crossing provided by this license. Th• Licensee assuaes all responsibility for aaintenance of the installation. 11, Lic•n••• shall indemnify and save haraless th• City, its officers asnd eaployees, against any and all claias, daaages, actions or causes of action and expenses to which it or they aay be subjected by reason of said ,---.6.._'_' ....... ...,u~r':-+1 .... 1 ... oe-........ ----,,..-----,,- baing with n and over the preaiMs -o~f--,-t~h-e_,,,c~l~t-y_o_r......,..b_y_r_•_a_s_o_n_o~f,--a-ny work done or oaission aade by Licens .. , its agents or eaployees, in connection with the construction, replaceaent, aaintenanc• or repair of said installation. 12, It is expressly agreed that in case of Licensee's breach of any of th• within proaises, the City aay, at its option, have specific perforaance thereof, or sue for daaages resulting froa such breach. 13, Upon abandonaent of any right or privilege herein granted, the right of Licen••• to that extent shall terainate, but it• obligation to indeanify and save haraless th• City, its officers and eaployees, shall not terainate in any event. In granting the above authorization, the City reserves the right to aake full use of the property involved as aay ba necessary or convenient in the operation of the water works plant and syst .. under the control of the City. -3 - 'I • . ' .. I. • , ]- ] • • • • (. ,. 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one ahaet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at laaat three (3) days prior to the time of commencement of the construction of, or any repair• made to, Licensee'• 6" water line ao that the City aay, In lta discretion, inspect such oparatlona. 3. Within thirty (30) days from the data of the commancaaant of construction of aaid ___,___,___,_6_" __ w_a~te_r___,1_in_e __ ___,....,....___,___,-,--..,....-___,.._.___,_ the Licanaaa ahall coapleta auch construction, and shall clear the croaaing area of all construction dabria and raatora the area to ita previous condition aa near as may be raaaonabla. In the avant and the clearing and restoration of the croaaing area ia not coaplatad within the tiaa specified, the City aay coaplata the work at the sole expanse of the Licensee. 4. The City shall have the right to maintain, install, repair, raaova or relocate the City Ditch or any other of ita facililtiaa or inatallationa within the City's rights-of-way, at any tiaa and in auch aannar aa the City deems necessary or convenient. The City raaarvaa the exclusive right to control all aaaaaanta and inatallationa. In the avant the 6" water 1 ine should interfere with any future uaa of the ~lty'a ri9hta-of-vay by the City, the Licanaaa shall, upon raquaat and at ita aola axpanaa, relocate, rearrange, or raaove ita inatallationa ao aa not to interfere with any such uaa. 5. Any repair or raplac ... nt of any City installation aada nacaaaary, in the opinion of the City'• Director of Utilitiaa bacauaa of the construction of the 6" water 1 ine ___,o_r __ o'l't:-h""a"""r __ a_p_p_u_rt.,,...a_n_a-n""'t___, __ _ ~i-n-a~t-a~l~l-a""'t~l~o-n--,th.,,...a_r_a_o~f~,-.~h-a~l~l,......,,be--.. -d~a-at the aola axpanaa of the Licanaaa. I. Th• stipulation and conditions of thia Licanaa shall be incorporated into contract apacificationa if the construction herein authorised ia to be dona• contract baaia . 7. The right• and privileges granted in thia License shall be subject to prior agr .... nta, licenses and/or grants, recorded or unrecorded, and it shall be the Licensee's sole reaponaibililty to detaraina the existence of said dOCWMnts or conflicti119 uaas or installations. -2 - . , ' ' .. I . , • 0 ]- ] • • • Licn•• aaumn THIS AGREEMENT, aade and entered into a• of th• day of , 19 , by and between the CITY OF ENGLEWOOD, a aunicipal corporation of Colorado, hereinafter referred to a• •city• and CHERRY HILLS VILLAGE hereinafter referred to a• •Licenaee,• WITNESSETH: Th• City without any warranty of it• title or intereat vhataoever, hereby authorize• Lic•n•••, it• aucc•••or, aaaivn•, to inatall a 6N Wlter line under th• City'• righta-of-way for the City Ditch, A parcel of land aituated in the NW 114 of Section ----=2.__ __ , Tovnahip ____ .. s .... S.iQaMut11,1h ______ _ ltan9• 68 w of the __ ,...6t .. h.__ ___ _ county of Arapahoe, State of Colorado and lying within the following deacribed linea: In Eas t Kenyon Ave nue bordering Tr ac t 7 of Higg1n's South Broa~•Y Heigh t s P.N., The above-deacribed parc el c ontain• acre•, aor• or l•••· -l - • . " ., I • • 0 , 2 I J - - • • • NW 1/4 SECTION 2, lOWNSHIP5 SOUTH, RANGE 68 WEST 6th P.M. I . -ARAPAHOE COUNTY-N HIGGIN'S SOUTH BROAOW.Y HEIGHTS TRACT7 i. WATER LINE ' ~. \\ ,. E. ICEN\ICN AVE. I I I . ' r I I -------. ·--- • .,,, - 'I ' ' - .. I. • 0 'a2xl ]- / - • r • " • <, ... ,. IN WITNESS WHEREOF, this instrument has bean executed as of the day and year first above written. CHERRY HILLS VILLAGE, CITY OF ENGLEWOOD, ATTUT: ATTEST: City Clark ~ -. ' • . .. . ' .. I. • • , - - • • • , . ·, • <. a. The Licensee shall contact and fully cooperate with the City's personnel and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of stora waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City'• rights-of-way shall be backfilled and taaped to the original ground line in layers not to exceed six (6) inches loose aeasure to a coapaction of ninety par cent (901) standard Proctor Naxiaua Density. 10. Licensee, by acceptance of this license, expressly assuaaa full and strict liability for any and all daaages of every nature to parson or property caused by water froa the ditch leaking throUCJh the ditch banks or pipeline at the point or points where the Licensee parforas any work in connection with the crossing provided by this license. The Licensee assuaes all responsibility for aaintananca of the installation. 11. Licensee shall indeanify and save harmless the City, its officers asnd aaployaas, against any and all clai••, daaagas, actions or causes of action and expanses to which it or they aay be subjected by reason of said .---rfi.._:-w .. ,tt ... ie~c~-1 ... 1 ... oe-....------.~----,.- being with n and over the praai••• -o""'t,.....t""h-a--,,c""'l..,.t_y_o_r--.,b_y_r_a_a_s_o_n_o_f,,_.a-ny work dona or oaission aada by Licensee, its agents or aaployaas, in connection with the construction, raplacaaant, aaintenanca or repair of said installation. 12. It is expressly agreed that in case of Licensee'• breach of any of the within proai-•, the City aay, at it• option, bava specific parforaanca thereof, or sue for daaagaa rasultincJ froa such breach. 1,. Upon abandonaant of any right or privilege herein 9ranted, the right of Licensee to that extent shall terminate, but its obligation to indaanify and save harmless the City, its officers and aaployeas, shall not terminate in any avant • In granting the above authorisation, the City reserves the right to aaka full use of the property involved as aay be necessary or convenient in the operation of the water works plant and systea under the control of the City. -, - • . ' I . • . , , ]- ]- • • • • II - • t• • ' '· 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (J) days prior to the time of co .. encement of the construction of, or any repairs aade to, Licensee's~----~ 6N water 11ne so that the City aay, In Its discretion, Inspect such operations. J. Within thirty (JO) days from the date of the co .. ence .. nt of construction of said 6N water line the Licensee shall co-a-p"""l_e_t_e...a..s-u"'"'c""h ....... c-o-n-s""'t-ru-c""'t"'"'l.-o-n-,-a-n-d..--s..,h'""a-l ...... l-c-1e-a-r- the crossinc, area of all construction debris and restore the area to its previous condition as near as aay be reasonable. In the event and the clearing and restoration of the crossing area is not coapleted within the ti•• specified, the City aay coaplete the work at the sole expanse of the Licensee. 4. The City shall have the right to maintain, install, repair, reaov• or relocate the City Ditch or any other of its facililti•• or installations within the City's rights-of-way, at any ti .. and in such aanner as the City deeas necessary or convenient. The City reserves the exclusive right to control all eas ... nts and installations. In the event the 6" water 11ne should interfere with any future use of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expanse, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replac ... nt of any City installation aade necessary, in the opinion of the City's Director of Utilities becauM of the construction of the _ .... 6_. __ wa...,..t .... e_r_l_t_ne_....,. __ ..,.... __ _ or other appurtenant ... i-ns-.-ta ...... i .... i-a""t'T"io_n_th,......e_r_e_o_f,..,-s..,,h_a..,l'""'l,_...,,be--.. --d ... e-at the sole expanse of the -1.icensH. 6. Th• stipulation and conditions of this LicenM ahall be incorporated into contract specifications if the construction herein authori&ed is to be done a contract basis . 7. The rights and privileges granted in this LicenM shall be subject to prior agre ... nts, licenses and/or grants, recorded or unrecorded, and it shall be the License•'• sole responsibllllty to deteraine the existence of said docUJ1ents or conflicti119 u .. a or installations. -2 - . , • ' • I . • , ]- - • • • ·, • '· Lien•• uumn \ y ----· THIS AGREEMENT, aad• and entered into aa of the ....... -.--.--- day of , 19 , by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to a• •city• and CHERRY HILLS VILLAGE hereinafter referred to aa •Licenaee,• WITNESSETH: Th• City without any warranty of it• title or intereat whataoever, hereby authorize• Licenaee, it• aucceaaor, a••iCJII•, to inatall a r wtter lint under the City'• ri9hta-of-way for th• City Ditch, A 5M1rcel of land aituated in the NW V4 of Section _____ z ___ , Tolmahip ___ __.5&..aSoy_,th..._ _____ _ bft9• _____ 68...._.,.w ________ of the ----'"------•••• , County of Ara5M1hoe, State of Colorado and lyi119 within the followi119 deacribed linea: In [1st Kenyon Avenue bordering Tract 7 of H1ggin's South Broach,ay Heights The aboYe-deacribed 5M1rcel contains aore or l•••· -l - . , •. I . . • ; , ]- - ,- • • ·, • .. Published as a Bill for an ordinance at the 19th day of Slllpt8llber, 1991. Patrldi H. &ii,,' clty derk I, Patricia H. Crow, City Clerk of the City of l!ngi.ood, Oolondo, henby cartify that U 1u cUMt and fangoinlJ 1a a true oopy of a Bill fer m <kdinance, introcllced, read in full, and puaed at first reading en the 16th day of a.pt..,.,., 1991. Patrldi H. &ci, • . • I. • ' ' , -~ I - ORDINANCE NO. __ SERIESOF 1991 • • I• • • BY AUTHORITY COUNCIL BILL NO. 62 INTRODUC~~IL MEMBER~ A BILL FOR /lb AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTHGATE WATER DISTRICT AND KIOWA RESOURCES, INC. RELATING TO WATER RIGHTS FOR THE SOUTH PLATTE EXCHANGE PROJECT. WHEREAS, Kiowa Resources, Inc. on behalf of Soutbcate Water District bu filed applications in Water Division No. 1 of the District Court to enable Southpte to provide additional water for anticipated development within the Southpte service area; and WHEREAS, the City of Englewood bu objected to protect the quantity and quality of water available throueh ita existin, water ripita; and WHEREAS, with the approval of this Apeement. the City of Englewood and the Southpte Water District will settle iuuea pendin, before Water Division No. 1 of the District Court relatin, to the South Platte Exchanp Project; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, APPROVAL OF THE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOU'111GATE WATER DISTRICT AND KIOWA RESOURCES, INC. WHICH GENERALLY PROVIDES AS FOLLOWS: A. On December 28, 1989, Southpte entered into a contract with Kiowa to develop the South Platte Evbanp Project (the "Projeci-> to provide additional water supply to aupport current and antic:ipa&ecl future deYelopment within Southpte'a service area. B. Southpte retained Kiowa u ita ..-t to appropriate water ripta for the Project. indudinf ftlin, and proMCUtan, applications for appropriative riahta or exchanp and storap and approval or c::banpl or water ripta ln the District Court in and for Water Division No . 1 (the "Water Court") for the purpoee or enablina Southcate to divert water attributable to the Project at planned diversion worb and storap reservoirs for municipal UNI. C. Kiowa, on behalf of Southpte, hu ftlecl auch applications in the Water Court. which applications have been denominated u Cue No.a 89CWW, 90CW213 and 90CV214, and anticipa ... ftlinc additional apptic:aliou ln the futun to colllf!eta and implement the devalopment or the Prajec&. collecdvely nlernd to u the Project Water C8NI". D. lnalewood bu lled Sta1wn&1 ol0ppoeit6Ga to the Project w.., C.... with thew ..... Court to protect the quandty and quality olwaw ..W. tG ita aie&in, water ripta. •. I . • , ]- ,. • • • • I• • (. ... E. Englewood, Southpte and Kiowa deaire to enter into this Aereement stipulating terms and conditiona to be attached to the clecreea that may be entered by the Water Court in the Project Water Cues, such that the quality of water available for diversion by En1lewood at ita Union Avenue Intake is protected. In consideration of the mutual qreementa contained herein and other pod and valuable consideration the receipt and sufficiency of which i1 hereby acknowledpd, Southpte and Englewood apee u follows: 1. Durinc the period ol September 18 throup May 14 of each water year, Southpte, ita aucc:euor or a9: will not operate ita exchanp whenever the Oow of the South Platte River imm • tel:, downatream of Enalewood'1 intake near Union Avena. equala 3.0 c:fa or leu. Soutbpte will coordinate diversion activiti• with Enclewood'1 1taff'. Southpte will not be naponaible for CODltructing or operatinc a Pucinl nation near the Union Avena. intake or elaewben. Diveniona and uchanpa by Southpte and Enclewood ahall be operated in accordance with their reapec:tive prioritiea and the limitationa deac:ribecl in tbia parqraph 1hall not constitute a IUbordination of any ripta. 2. Subject to the incorporation of the terml of parqraph one in any decnea entered in the Project Water C-, Enclewood will limit ita inwlv ..... nt u an Objector in the Project Water Cuea to non-water-quality-nlated iuuel. 3. Englewood ahal1 nl ... the~ Inn of Martin A Wood Water Consultants, Inc. from any claim ol conflict ol int.ena& and mall permit Martin A Wood to provide eqineerinc Nfficea to Kiowa and Sonthpte with R11ped to the Project. Introduced, read in full, and palNd on Int nadins on the Ukh clay ol September, 1981. Publiabed u a Bill for an Ordinance on the 11th clay olSept.amlm, lNl. Aff&ST : Patricia H. Crow, City Clerk I, Patricia H . Crow, City Clerk olthe City olBnalewood. Colorado.._.., certify that the above and ......... ia a 11w copy ola Bill for a Onlvnoe, introcluced, read in full, and pawd on Int ....... die llda-, ol81pll ra.., 198L mre.&. -2 - . , ' ' ' • I . , ' ' • • - - • • • • l• . • ' <. AGREEMENT THIS AGREEMENT, aade this da7 of , 1991, ia between the CITY OF ENGLEWOOD ("En1lewood"J, the SOUTHGATE WATER DISTRICT, a Colorado quaai-aunicipal corporation ("S0uth1ate"), and KIOWA RESOURCES, INC., a Colorado corporation ("Kiowa"). RECITALS A. On Deceaber 28, 1989, S0uth1ate entered into a contract with Kiowa to develop the South Platte Kxchan1e Project (the "Project") to provide additional water aupplr to aupport current and anticipated future developaent within S0uth1ate'a aervice area. 8. S0uth1ate retained Kiowa aa ita a1ent to appropriate water rilhta for the Project, includinl filinl and proaecutin1 application• for appropriative ri1hta of exchan1e and atora1e and approval of chan1e• of water ri1hta in the Diatrict Court in and for Water Diviaion No. 1 (the "Water Court") for the purpoae of enablinl S0utb1ate to divert water attributable to the Project at planned diveraion work• and atora1e reaervoira for aunicipal uaea. C, Kiowa, on behalf of S0uth1ate, haa filed auch application• in the Water Court, which application• have been denoainated aa caaea Noa. 89CW233, 90CWZ13 and 90CWl14, and anticipate• filinl additional application• in the future to coaplete and iapleaent the develop .. nt of the Project, collectivelr hereinafter the "Project Water Caaea". D, ln1lewood haa filed State .. nta of Oppoaition to the Project Water Caaea with the Water Court to protect the quantitr and qualitr of water available to ita exlatin, water ri1hta. I, ln1lewood, S0uth1ate and Kiowa deaire to enter into thia A1reeaent atipulatin1 teraa and condition• to be attached to decree• that aar be entered br the Water Court in the Project Water Caaea, auch that the qualitr of water available for diveralon br Kn1lewood at lta Union Avenue Intake la protected. In conaideratlon of the autual &1roo .. nta oontalaocl herein and other 1ood and valuable conaideratio• the rooolpt alMI aufficlencr of which la herebr acknowlodtod, loutlltato and ln1lewood a1ree aa followa: "' - . ' ' ., I. • I ]- • • • • • AGREEHINT 1. Durinl the period of Septeaber 16 throu1h Hay 14 of each water year, S0uth1ate, it• aucc•••or• or a••i&n• will not operate lt• exchan1• whenever th• flow of the South Platte River 1 .. ediately downatreaa of ln1lewood'• intake near Union Avenue equal• 3,0 cf• or l•••· S0uth1at• will coordinate diveraion activiti•• with ln&lewood'• ataff, South1at• will not be reaponaibl• for conatructinl or operatinl a 1au1in1 atation near the Union Avenue intake or elaewhere, Diveraion• and exchan&•• by louth1ate and 1n1lewood ahall be operated in accordance with their reapectlv• prloriti•• and the llaltatlon• deacrlbed in thla para1raph aball not .onatltute a aubordlnation of any rl1bta. 2. Subject to the incorporation of the ter•• of para1raph one in any deer••• entered ln the Project Water C••••, ln1lewood will liait it• involve .. nt aa an Objector in the Project Water Ca••• to non-water-quality-related iaauea, 3, ln1lewood ahall rel•••• the en1ineerin1 flra of Martin• Wood Water Conaultant•, Inc, fro• any claia of conflict of intereat and ahall peralt Hartl• • Wood to provide en&ineerinl ••rvic•• to Kiowa and Southeate with reapec:t to the Project, Dated aa of the date and year flrat above written, City of 1n1lewood, a Colorado aunlcipal corporation By---~~---~~~~~~~~- 1101•r rraaer CitJ Nana1er Kiowa lleaourc••, Ina,, a Colorado 00170ration ... 4(~. lreaideat Southeate Water Dlatrict, a Colorado quaal-aunloitel corporation ,. .. I. • , ]- - • Septeaber 16, 1991 IUTl&m 8'1 • • • (, 11 b water and sewer lloard Stewart Ponda, Director of Utiliti•• ltiowa/louth9ate Water Di•trict A9r-nt The S119lewood Water and s-r Board rec:~nd• Council approval of the "9~nt between S0uth9ate Water Diatrict and the City of S119lewood. On Dec:ellber 21, 1919, South9ate enter.cl into a contract with Kiowa lleeourcee to dewelop the South Platte Sachanve Project to provide additional water for anticipated dewelopaent within louth9ate•• .. r,,ice ar.a. louth9at• retained Kiowa a• it• &99nt to appropriate water ri9ht• for the Project. Kiowa ha• filed an application in the Water Court for the Project for lout .... te Water Diatrict. S119lewood ha• filed ltat ... nta of Oppoeitlon to the Project Water ca .. • with Water Court. S119lewood and louth9ate necJOtlated to enter into th1• "9r11s1nt et1pulat1 .. teraa and condition• to be attached to decree• that -Y be •tered by the Water COian 1n the Project Water ca ... , ao that the quality of water available for dhenion by S119lewood at it• Union Avenue lntalle ia protected . UC:IME UIID To protect the water quality of S119lewood'a raw water aupply, lout9'fat• will not permit eac hanve• when the flow in the river paHiftlJ the Onion•-In~ i• lHa than l era. In addition, dlvenion of water under lout"'9te'a ri9hta in the Fulton, 8ri9hton and Lupton lottoa ditchea will lie Uaited to tllat u .. period .._ a,ricultlll'al u .. n under each ditch UH the water for open field irri .. tiN, lout9'fate will convey I acre-feet per ,-r of Fulton Ditcll water rifllt• to ... lewood at the City Ditch headfate at Chatfield .... rvolr, Tlli• water i• •~l• by llfttlewood f o r •nlcipal purpoeea on a -euaptlve UN Mala. /( , ' I • • • , ]- - • • • ~ . • ' PDIIICUL S0Uth9ate will withdraw it• Stat ... nta of Oppoaition in S119lewood'• pendi119 c ... • and Sn9lewood will li.ait it• partlclpatlon ln S0Uth9ate'• pandln9 ca .. a to the laauea of hlatorlc uae of the dlrect flow dltchea and the alternate dl .. ralon polnt of the Chatfield Jleaervoir outlet. CCltlowa 11- • I • ' • 0 I • • ]- September 16, 1991 IIU'IIATSO BY STAPF 80URCB • ·, • COUKCO. COIIIIUIUCA'D01' Aleadaltem 11 C llabject Cost of LMng Nonemergency Pension Board Adjustment for Nonemergency Pension Recipients Lorraine Hayes. Director of FlnanClal ServlCee ... VB/ AC1101' PROP08BD 1be Nonemergency Pension Board recommends that City Council adopt an ordtnance amending the Nonemergency PenslOn Plan to provtde a coat of lMng adjuatmeDt to the monthly amounts received by penatonera and their bendldartea. The coat of lMng adjustment would lncreaae monthly pension amounts by 3% per each pmUal and whole year of retirement since January l, 1983. 1be maximum lnaeaae would be 24%. The effective date of the change would be retroactlYe to January l. 1991. 1be proposed ordinance alao amends the plan to mcorporate 1aJ11W11e to comply wtth recent federal Income tax law changes. PltSVIOU8 COUKCO. ACTION Ordinance 34, Serles of 1969 Eatabltsbtng Nonemergency Pension Plan Ordinance 58. Serles of 1975 Eliminating Employees' ContrlbuUona and the Metbod for Calculating Beneftta. Ordinance 11 . Serles of 1983 Amending the Method for Calculating Bendlta Ordinance 37. Serles of 1987 Reatattng the Plan 1bts lsSue waa discussed at the Council Study Seulon on Auguat 19. 1991. STAPF ANALftla At lta meettng on Auguat 7 , 199 l, the Nonemergency Pemlon Board voted to recommend that the City approve a coet of lMng lncreW for retnea and tbetr bendldartea. No coet oflMng 1ncrew bad been approved emce 1983. amee tbat ttme. the conaUlllff price Index bad lnCrewd an ~ of n per year In tbe Denver area. Therefore . the Board wbed to punue a coat of ltvlnC 11111:reW for na retnea to match that rate of lncttaee. , . . ' ' I . , . ' • 0 ]- • • • • · ... • . . 1be Board evaluated the status of the penaton plan before rn•Jdng a reccwrnnenctauon to tncrew benefits. They found the plan to be In IIOUDd fln•ndal conc:UUOD, with an unfunded liability which WIIII eattmated to be fully funded by 1993 If no lnCreaae In beneftta were made. With the propoeed IDcreaae In bendta, the current unfUnded Uabdtty la still estimated to be fully funded by 1996. 1be propoeed ordmance UN> IDcorporatea several clumgea Into the Ctty Code which comply with changes recently enacted In federal tax law. Tbeee cbanaiea 8ft reqwred In all pension plans of thla nature, boweva' they will have no aubetanttve lmp8Ct on the City's pension plan. 1be cJumrl 8ft deetgned prlnclpally to problbJt dlacrtrnmatlOD In the corporate environment. 1be total dollar value of the tncrew wll nmgie from 88.99 to $193.88 per IDIIDtb 1be average IDcl'eW per redplent will be appl'wdmately $48.85 per rnoath. The total mcreaae In penaton payments wdl be $3,232.72 per month, or $38,792.84 per year . 'I • . . ' ... I . • 0 , I - • • • • • , . • ' BY AUTHORITY ORDINANCE NO . SERIES OF 1991 ~~~ MEMBER ~ A BILL FOR AN ORDINANCE AMENDING SELECTED SECTIONS OF CHAPTER 6 TITLE 3, ENGLEWOOD MUNICIPAL CODE 1985, CONCERNING THE RETIREMENT PROGRAM FOR NON- EMERGENCY EMPLOYEES, ENTITLED "CITY OF ENGlEv«>OD NONEMERGENCY EMPLOYEES RETIREMENT PLAN AND TRUST AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 1991." WHEREAS. the City Council has determined 1h11 the Non-Emergency Employees Pension Plan be amended to comply with tax law changes, including the following: the Tax Reform Act of 1986 (TRA 86), Omnibus Budget ReconciHation Act of 1986 (OBRA 86). Omnibus Budget Reconciliation Act of 1987 (OBRA 87), Technical and Miscellaneous Revenue Act of 1988 (TAMRA 88). Omnibus Budget Reconciliation Act of 1989 (OBRA 89), and Omnibus Budget Reconciliation Act of 1990 (OBRA 90). WHEREAS. effective January 1, 1991 the monthly benefit of Retired Members and Beneficiaries whose payments commenced prior to or on January 1. 1991 shall be increased by 3% per each partial and whole year of retirement since January 1, 1983. The maximum increase shall be 24%. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF El'tG.EYtOCX>, COLORADO. ~T: Sectjon 1. The following sections of Chapter 6 of Tille 3, Englewood Municipal Code 1985, •• hereby amended lo read as follows : 3-6-1 : 3-6-2-2 : 3-6-6 -5 : 3-6-7-6 : 3 -6 -7 -7 : 3 -6 -15 -1 : 3 -6-15 -2 : 3-6 -15 -3 : 3 -6 -16 -3 : CITY OF ENGLEWOOD NONEIIEIIGENCY EMPLOYEES RmREIIENT PLAN Al AMENDED AND RESTATED EFFECTIVE JANUARY 1,-4M1 1 H1 Purpose Definitions li"'ilatie11 et1 REQUIRED Oistrtlutlon of Retirement Benefits Aa:tued Credits and Vasled Beneflls Under lhe Previous Plan Preserved INCREASED BENEATS FOR RETIRED MEMERS. TERMINATED VESTED MEMBE~ AKJ BENEFICIARIES Restrictions on Twenty -Five Highesl Paid EmplovHs EFFECTIVE PRIOR TOJN«Jl+Rt 1, 1113 .we ........ t .. Plafl RESTRICTIONS ON TWENTY ·FIVE HIGHEST PAID EMPLOYEES EFFECTIVE AFTER DECEMBER 31, 1192 NtBOIEHr OF PLAN Umitatlon of a.netils 3-6-1: PUIIPOIE : Eftec:live • of January 1. 11.e1t1 Ille City Council of Iha Ci ty edopeed the amended and restated Plan. • Ml fol1II heNln. IO oonllnue and replace the . , . I' - • . ;Jc ' I . • 0 , - • • • • I• • requirements of Sections 401 (a) and 501 (a) of the Internal Revenue Code of 19 -i4 88, as amended. The Plan previously known as the "Chy of Englewood Retirement Plan" shall hereinafter be known as the "City of Englewood Non-Emergency Employees Retirement Plan.• The Plan and the separate related Retirement Fund forming a part hereof, were established and shaft be maintained for the exclusive benefit of the eligible Employees of the City and their Beneflc:laries. No part of Iha Retirement Fund can ever revert lo the City except as hereinafter provided, or be used tor or diverted IO purpoNI other lhan Iha exclusive benefil of lhe Employees of the City and their Beneftclarles. This amendment and restatement of the Plan shaH nol, In any ww,, affecl lhe rights of former Employees who participated in said Plan and who ehher retired or otherwise terminated their employment prior IO January 1, 11 .a1 11 The rights, if any, of such former Employees and of their Beneflclarlea and lh8 amounts of their benefils, H any, shall continue to be governed by the provisions of the Plan as It wu in effec:t on December 31, 19 • to or the date, if earlier, of their retirement or termination of employment, unless speclflcaUy provided tor olherwlse herein. 3-6-2-2: H. "Code" means the Internal Revenue Code of 1,_.. II u amended from time to time. I . "Compensation" means the total cuh remuneration paid IO an Employee for a calendar year by lh8 Chy tor pertonal NMCeS a reported on Ille EmployN's income tax whhholdlng stal8ffl8nt or slal8ffl8ntS (Form W-2, or Its subNquent equivalent), includlng longevity pay and excluding bonu181, extra pay, compensation time, overtime, lump-sum payments In Neu of acc,ued vacation time, sick leave, or peraonal leave, WOIMf's compensalion and any contrlbullon by the Chy under this Plan, or 118 ... bul lncludlng -, compensation flat the Employee ha eleded IO have delen9d undlr Secllon 457 and Sec:llon 125 of the Internal Revenue Code. EFFECTIVE JANUARY 1, 1•. TH£~ OF A MEMBCA'S COMPENSATION FOR THE PUAP06ES OF THE PIM DURIG /HV PIM YEAR SHALL NOT EXCEED TWO HUNDRED THOUSAND DOU.AAS (l200,000) SUBJECT TO COST -OF-LIVING ADJUSTUENTS IN ACCORDANCE WITH CODE SECTION 415(d) . l. M. "Elfectlve Date of lhis Plan" means Janul,y 1, 1170. This AMENDED AND reslaled Plan is effecltwe a of January 1, 1 t .a1 11 . EFFECTIVE JANUARY 1, 1N7, INCWOED A8 EMPLOYEES ARE LEASED EMPLOYEES WITHIN THE MENINO OF CODE IICTION 414(n)CI) EXCEPT THAT F SUCH LEAIED a.LOVEE8CONITIMa LIii THM 1WENTY NRCENT ~ OF THE tOHCN.YOOI .. IMTB>WCIICIIORCI WITNNTHIMIINNIOFCCDI SECTION 414(nHOCC)CI), THIN THI TUIM -..u>Y1r WILL NOT INCLUDE ·2· •. I . • • , 1- • • • • I• • THOSE LEASED EMPLOYEES COVERED BY A PLAN DESCRIBED IN COOE SECTION 414(n)(5) UNLESS OTHERWISE PROVIDED BY THE TERMS OF THIS PLAN. R. "Membe,. means any person Included In the membership of this Plan u provided in Section 3-6-3 hereof. EFFECTIVE JANUARY 1, 1987, EXCLUDED AS MEMBERS ARE LEASED EMPLOYEES WITHIN THE MEANING OF CODE SECTION 414(n)(2). X. "Previous Plan• means the City of Englewood Retirement Plan (Including any predecessor plan(s) thereto) In force and effect for the period prior to January 1. 19 -8111, the Plan hereby being amended and restated. Any reference herein to the Previous Plan • of a certain dale or to, a certain period lhal be deemed a reference to lhe Previous Plan • 111n In effect. 3-8-6-5: LIMITATION ON REQUIRED DIITIIIBUTION OF RmREIIENT BENEFITS: Notwithstanding any other p,ovlllon of this Plan. distribution of benellls under this Plan lhal commence not laler than April 1 of the calendar v-a, lolowlng the later of the calendar year In which the Member attainl age seventy and one-half (70 1/2) or the calendar year In which the Member retires • 111118•• M e••IWlflllA 18 .......... Ae~Ml8 G•• &18M111 414(•H•t ii ........ Iii/ FeNMI llaMe er A1111IIIIIM ler 180!J8flll"8111 ,i.111. 3-8-7-8: ACCRUED CREDITS AND YEITED BENEFITS UNDER THE PREVIOUS PLAN PRESERVED: The re--.nent of lhe Previous Plan by this Plan shal not operate to exclude, clmlnlsh, llmll or restrlcl the payment or continuation of payment of benefits accrued u of December 31, 11 • H. The amount of such Previous Plan benefits, If any, In the courte of pey111811t by the Tl'UIIN under uld Previous Plan, to any person on December 31, 11 • •. lhal be continued by the TrustN under the Trust Agreement forming a part of 1h11 Plan, In the aame manner, undiminished, presen,ed, and fully YNl8d under this Plan. 3--f-7 · 7: INCREASED BENEFITS FOR RETIRED MEMBERS, TERMINATED VESTED MEMBERS AHO BENEFICIARIES: EFFECTIVE JNIAJMY 1, 1•1. THE MONTHLY BENEFIT OF AEI IAED IB11Ef18AHD,,., IIENEFICWIE8 WH08E MWENTS ma&ICB> PIIOR TO JNIAJMY 1, 1•1 8tW.L IE INCAEA8ED A8 FOUOW8: ENI.EA OF: THE YEAR M'WUENTSCClaENCE 10 t&&A OR IENEFICWIY 1110 1111 1111 1117 1118 1115 1114 1113 or eartlef PIRJMNE INCAEMEN MONTN.Y IENEFIT a .. .. 121'. 111'. 111'. 211'. 141'. 3--6-11·1: IIIITRICTIONI ON TWINTY.flVI tNttl8T PAIO DPI.OYIU P,«:nff MIOII 10 JAIIUAll't t, tall: TIIII .............. IIII ITM1t1,. reqund br lhe ..__ .....,. 8erWle °" 1111 11 '1k»• unta llllll ..... -, be Uled IDr lhe benllll of a.taln E:mpu;NI. 1'1111 ........ IIIIIIW ••I JI ;11 _, ......... 8MUII ............. -..................... , ..... . 3. II -. ' . , • < .,. .. I. • , -• • • and the Employee was among the twenty-five (25) highest paid individuals of his Employer at the time of such Employer's Initial establishment of the Plan ("Plan· for purposes of this Section, includes the Previous Plan) or the date of a subsequent amendment which substantially increased the possibilities of discrimination as to Plan benefits . The limitations set forth in this Section shall become applicable if: A. The Plan is terminated within ten (10) years after its initial establishment, or B. The Pension of an Employee becomes payable within ten (10) years after the initial establishment of Iha Plan. If subparagraph B. above Is applicable, tha restrictions will remain in affect until the Plan has bean in affect for tan (10) years from the initial establishment and. if at that time, Iha full cunant costs have bean funded, Iha restrictions will no longer apply. If subparagraph B. above Is applicable and Iha full cunant costs have not bean funded after Iha Plan hu bean In affect tor tan (10) years from Iha Initial establishment, Iha Hmitallons shall continue to apply until Iha ful cunant costs have bean funded. If the Employer contributions are sufficient to mHt Iha full current costs of Iha Plan at the and of tan ( 10) years from the data of the Plan's Initial establishment, or later It Iha tun cunant costs are than mat for Iha first time after such ten (10) year period, Iha excess of benefits payable under Iha Plan but previously lmllad by this Section, over Iha amounts actualy paid shall be paid in a lump sum to Iha retired or terminated Member, If living, or if deceased, to his named Beneficiary or estate. If an Employee is subject to Iha p,ovlsions of this Section, the Employer contributions which may be used for his benefits shal not excaad Iha greatest of Iha following: 3-6-15-2 : AIIINDllitA' OF PLAN, N Ille PIM le w111i11III le MINI 1M11alla wtliell weullll IYNIMlilllw 1Mr1111 Ille e•111 at 111111•11 llll11rlllllnall1A H la aa11...-111t11111 a, aa II 1M11ella 11111111 le ....... iaA at Illa PIM, Ille ,.. .... .,. Nt ..... INue IMI N 111111•1111 • Ille Piaf!• ii II wera • 118W IN" 1111:u,.._ • Ille lllela at 111111 ....... RESTRICTIONS OF TWENTY- FIVE (25) HIGHEST PAID EMPLOYEES EFFECTED AFTER DECEMBER 31, 1992 . A. RESTRICTION OF BENEFITS : IN THE EVENT OF PlAN TERMINATION, THE BENEFIT HEAElNlER OF Ntt t«H. V COFENSATED EMPLOYEE AHD Ntt tlCH..V COMPENSATED FORMER EMPLOYEE (AS DEFINED IN CODE SECTION 41'(0)) IS LIMITED TO A BENEFIT THAT IS NONDISCRIMINATORY UNDER CODE SECTION 401 (A)(4). B. RESTRICTION ON DISTRl8UTION: THE A*lJAL PAVMENTS TO Ntt ~ 25" EMPLOYEE (DEFINED BELOW) ARE RESTRICTED TO AH AMOUNT EQUAL TO THE PA'VMENTS THAT WOULD BE MADE ON BEHALF OF THE EMPI.OVEE lH>EA A SNlLE LIFE NHflV THAT 18 THE ACTUARIAL EQUVALINT OF THE SUM OF THE EMPl.OVEE'S ACCRUED 1BEF1T AHO THE EIR.OVEE'8 orHEA IENEFITS lHJEA THE PlM. THE RESTRCTION8 DO NOT N'flt.V, H0WEWA. F: . 4. I . • • , • • • • • l• • ' 1 . AFTER PAYMENT TO SUCH EMPLOYEE OF All SUCH BENEFITS, THE VALUE OF THE PLAN ASSETS EQUAL OR EXCEEDS ONE HUNDRED TEN PERCENT (110%) OF THE VALUE OF CURRENT LIABILITIES (AS DEFINED IN CODE SECTION 412(1)(7)), OR 2. THE VALUE OF SUCH BENEFITS FOR SUCH AN EMPLOYEE IS LESS THAN ONE PERCENT (1%) OF THE VALUE OF SUCH CURRENT LIABILITIES. C. EMPLOYEES WHOSE BENEATS ARE RESTRICTED (HIGH-25 EMPLOYEES): THE EMPLOYEES FOR ANY GIVEN PLAN YEAR WHOSE BENEFITS ARE RESTRICTED UNDER SECTION B. ABOVE ("HIGH-25 EMPLOYEES") INCLUDE THE TWENTY- FIVE (25) HIGHEST PAID, FOR SUCH PLAN YEAR, OF ALL HIGHLY COMPENSATED EMPLOYEES AND HIGHLY COMPENSATED FORMER EMPLOYEES (AS DEFINED UNDER CODE SECTION 414(0)). D. "BENEFIT" DEFINED: FOR THE PURPOSES OF SECTION B ABOVE, "BENEFIT" INCLUDES LOANS IN EXCESS OF THE AMOUNTS SET FORTH IN CODE SECTION 72(p)(2)(A), ANY PERIODIC INCOME, ANY WITHDRAWAL VALUES PAYABLE TO A LIVING EMPLOYEE. AHO ANY DEATH BENEFITS NOT PROVIDED FOR BY INSURANCE ON THE EMPLOYEE'S LFE. 3-6-15-3: AMENDMENT OF PLAN: IF THE PLAN IS AMENDED TO INCREASE BENEFITS WHICH WOULD SUBSTANTIALLY INCREASE THE EXTENT OF POSSIBLE DISCRIMINATION ,S TO CONTRIBUTIONS OR AS TO BENEFITS UPON TERMINATION OF THE PLAN, THE RESTRICTIONS SET FORTH ABOVE IN SECTION 1 ANO IN SECTION 2 (WHEN EACH SECTION IS EFFECTIVE), SHALl BE APPLIED TO THE PLAN AS IF IT WERE A NEW PLAN ESTABUSl-£D ON THE DATE OF SUCH CHANGE. 3-6-16-3 : LIMITATION OF BENEFITS: EFFECTIVE JANUARY 1, 1987, notwithstanding any other provision contained herein to the contrary, the benelits payable to a Member lrom this Plan provided by City contribulions shall be subject to the limitations of Internal Revenue Code Section 415 in accordance with A. and (B) below: A ( 2 ) b. Other amounts which received spedll tax benefits, or contributions made by the City (whether or not under a salary reduction agreement) towards the purctiase of an annuity dncrt,ed in Internal Revenue Code Section 403(b) (whether or not the amounts are aclually e1d11dlble from Ille gross income of the Member). TM ler111l11t lir91ileller11 IMI Ml N a,,11111111 wllll rea,181 le a.., Me .... , wt.He er1r1i,el Per11ie" _,,..., 1111a Plan eN en, elher Nllfll411 Nr1etil ,._ Meir1taiN411 ~ 1M ,..., .. ,.,ii .... IMrl lerl ••wNN1 Nllere Cl19,NO ,NI II l..ell M1MNr Ml Ml el er1y tir..e ,_..1,111111• ill en, NfllN •"lrillwtilr1 - fwiltllr11M MIMirlt •• IRIIMel Aeoi:.1111111 QaN l11111r1 1IIICIIII fMilllelllNI ~ ltll G~. I" 1M 1·:er11 M • Me•ar tlN ~"" IN411111• wllll .... .._ lefl Cl91 ,..,. el Gr1•111• &ef\ile, 1M Me•IMIIIII •"• ,erllierl ell al1 -,.., ltlle laMl1r1 INII N fl.IN ~ MWlli,11,irlt ...... 111 ..... 11111 lflC1NI ,.._ .. ~ a lrMlierl, 1M """'"..., ....... ii 1M r1~1r ........ M1 .... l'1 ..... et Qr1•111• le,- eN 1t11 .,..,........, et -•1111 la • Cl91 , 3 . EXCEPT AS PROVIDED IN (5) BELOW, WHICH IMPOSES ADDITIONAL LIMITATIONS ON THE AMOUNTS PAYABLE TO MEM1EA8 WITH LESS THAN TEN (10) YEARS Of SERVICE, THE FOREGOING LIMITATIONS SHALL NOT BE .5. ,. - • . ' \ I . • , J - • • • • • , . • APPLICABLE WITH RESPECT TO ANY MEMBER WHOSE ANNUAL PENSION UNDER THIS RETIREMENT SYSTEM, AND ANY OTHER DEFINED BENEFIT PLAN MAINTAINED BY THE EMPLOYER, IS LESS THAN TEN THOUSAND DOLLARS (10,000.00), AND SUCH MEMBER HAS NOT AT ANY TIME PARTICIPATED IN ANY DEFINED CONTRIBUTION PLAN (WITHIN THE MEANING OF SECTION 415(K) OF THE CODE) MAINTAINED BY THE EMPLOYER. 4. IN THE EVENT THAT A MEMBER HAS LESS THAN TEN (10) YEARS OF PARTICIPATION IN THIS RETIREMENT SYSTEM AND PREDECESSOR PLANS HERETO, THE DOLLAR LIMITATION OTHERWISE APPLICABLE UNDER (1) ABOVE SHALL BE REDUCED BY MULTIPLYING SUCH LIMITATION BY A FRACTION, THE NUMERATOR OF WHICH IS THE NUMBER OF SUCH MEMBER'S YEARS OF Pl.AN PARTICIPATION (OR PART THEREOF), BUT NEVER LESS THAN ONE (1), AND THE DENOMNATOR OF WHICH IS TEN (10). THIS PARAGRAPH SHAU. TO THE EXTENT REQUIRED BY THE SECRETARY OF THE TREASURY, BE APPLIED SEPARATELY TO EACH Ctw«3E IN BENEFIT STRUCT\R HERElH)ER. 5. IN THE EVENT THAT A MEMBER HAS BEEN CREDITED WITH LESS THAN TEN (10) YEARS OF SERVICE, THE PERCENTAGE-OF-AVERAGE-EARNINGS LIMITATION OTHERWISE APPLICABLE UNDER (2) ABOVE AND THE DOI.LAA AMOUNT OTHERWISE APPLICABLE UNDER (3) ABOVE SHALL BE REDUCED BY MULTIPLYING EACH BY A FRACTION, THE NUMERATOR Of WHICH IS THE NUMBER OF SUCH MEMBER'S YEARS OF SERVICE (OR PART THEREOF), BUT NEVER LESS THAN ONE (1), AND THE DENOMINATOR OF WHICH IS TEN (10). I . The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor annuity, provided payment begins between ages sixty -two (62) and sixty-five (65). If payment commences before age sixty-two (62), the foregoing limitations shall be reduced so that they are Actu.lally Equivalent to such a benefit commencing at age sixty -two (12). However, the reduction of this paragraph shall not reduce the limitation below seventy-five thousand dolars ($75,000), if payment commences aher age fifty -five (55), or below Iha Actuarial Equivalent of seventy-five thousand dolars (175,000) commencing at age fihy-flve (55), It payment commences before age fihy -flve (55). If payment commencn aher age sixty -five (15), the limitation shal be the Actuarial Equivalent of a ninety thousand dollats (SI0.000) annual benefit commencing 11 age sixty-five (15). The inlerest assumption lor purposes of determining Actuarial Equlvatency under this paragraph shall be the inlerelt rate othefwlse used for purposes of computing oplional forms of Income payable under the Plan , but the rate shal not be teu than five pe,cent (5%) annually II benefits commence before age si xty -five (15) and shall not exceed five pe,cent (5%) annually If beneflll commence aher age sixty -five (15). stc,jpn 2. Only the specflc sections or 11lbledlons being amended are set forth herein . All other sections, titles and provisions of Chapter I, Thie 3, shall remain In ful force and ettect . Introduced, read In full, and pulad on fnl reading on the 11111 day of September, 1991 . .9 . • I . • , ]- l • • " - ,.. • ... .. ·,. • ,. ... Published as a BIH for an Ordinance on the 19th day of September, 1991. Susan Van Dwb, Mayor ATTEST: Palrlcla H. Clow, Chy Clltk I,~ H. Clow, Cle, Clltk of .. ~ of Ellgluaad. Colndo, hlflbr ~ lhal lhe above and tor9QD1na 1a a 1n11 copy of a • tor .,. Oll6em. lnncblld. fNd 1n 1111. and PIiied on first fNdlng on lie 11111-, of Seplamber, 1111. Palrtala H. Clow .7. . > I .. • • , ___ - ]- EntlelfOOCI City Cowlc11 N1nutes $eptlllber 1S, 1111 -Pa .. I ,, • • • .. (1) Mayor Van Dyke announced that Governor Roaer will be the guest of the School District on Friday, Septeaber 20th at 7:30 a.a. at Sinclair Mid- dle School. Governor Roaer will be proaoting Colorado 2000. Council Mellber Habenicht was asked to represent as Mayor Pro T•, and Mayor Van Dyke en- couraged other llellbers of Council, staff, and citizens of the City to attend. (b) Council Mellber's Choice ( 1) Council Mellber Bullock inquired about the ·Rule of 88. • He asked the City Attorney to draft legtslatton -TAP£ 1293 MILLOCIC: YEAH, I'D LIKE TO ADDRESS THE QUESTION THAT I INITIALLY BROUGHT UP llfEN I ENTERED TH£ MUTING. THU IMS CCIICEMING THE RULE Of 88 llfEREBY IF CINE'S, IF A PERSON'S ME CCIIIINED 111TH THEIR YEARS OF SERVICE IS 88 OR ABOVE, THEY QUALIFY FOR A PENSION. THAT'S ONE OF THE QUALIFICATIONS FOR AN DIPLOYEE Of THE CITY OF ENGLEIIOOD TO QUALIFY FOR A PENSION. YET IIE'VE &GT SOME DIPLOYEES, I UNDERSTAND llfO ARE FALLING THR0U&H THE CRACKS, SOME ENPLOYEES llfO MY HAVE 20 YEARS OR MORE OF SERVICE WITH THE CITY Of ENGLEIIOOD llfO FOR ONE REASON OR ANOTHER, SAY FOR EXMPLE BUDGETARY CUTS, IIOULON'T OTHER- WISE QUALIFY FOR A PENSION. I'D LIKE TO ASK THE CITY ATTORNEY TO DRAFT A BILL FOR AN ORDIIWICE ALLOIIING FOR AN ENPLOYEE BY EMPLOYEE ANALYSIS FOR ALL EMPLOYEES THAT NAVE 20 YEARS OR MORE SERVICE WITH THE CITY ANO YET DO NOT FALL OR QUALIFY UNDER THE RULE Of 88. VAN DYKE: ALONli 111TH THAT, TIN, COULD I RECCIIIEII> THAT STAFF PROVIDE US SOME INSIGHT INTO HOii MMV EMPLOYEES THAT MY INVOLVE, ANY HISTORICAL PRECEDENCE, All> THINGS Of THAT SORT. IULLOCIC: &000 IDEA. NATIWMY: -ASKED FOR CLARIFICATION AIDUT lll.E OF 10 INSTEAD OF 88. .. . ' .. 'I. •. ' • • 0 , --~· · ]- -- • • fth ..... Dlft1 na.mot, • • ·, • .. 2•CENTRAL SERVICES • • • o a a • • • • Liada IIDftoa, Lu•uaalll City CD1111all ..... fton\OD, L1,u-. 01,, ooaeu en.,,,_,..,, .Joel ._lta, lmu ,1,-li.Ntafeld ulll GNMNe (hll 111-1741) 8111 ·--· ..... 1,., ._ ue ....... (hll ... , .. , ala DeWitt, ... 1__. City Mtaner Chll 7N-1121) &lldy IIOtiaiw,' Llttleeon ca.tr warp• ,,.. n1-n11, kcr a-n, •leadal• Cltr Nensp:r ,,.. 71t-ol11) .Jar •· aatoblaon, Cltr ... ...._ 9'J/ leptaNr 10, lffl ~ ue tM f0Uow111t1 ~--............ uu.itt111f .................... rc111a,a'1oe ou,u .. IN-dntt. ...._ .-. ~ .._. -.. Hf& 1111:a a ..,_. .. ~Hau\&. --.I. ..... nor ...... loiaea ..... will NON1Mu to ... .._ to llullle 111 ,.. ne _. ..._.._ 1, 11, ue n. .,..1 NN1•• •lll ,es , lenlea 111 • ......... eM1,1W1 ,Oi.aU to_.. .. _ 11119 ---, ... al• JC"~ • a ~ MSK *1ela will set a a fSIIHl•lea -... 1, -_... ou MjW ... 1 ls 1ua iv.a., a I It l ha aa to -.a-- N&tlWSit wltll ••· If w .. ,-.ua \llat, tllls .,._. Ifill lftlr a • ., • .... ....... •lease eall -at 117•7'00 wllll -~ 11 11,e -1100 •••• • 'II lliHlllaJ ... lllllaH 11, lffl. U I • 11111t la .... ,-Nll, ...... 1esw ,OU we v1t11 ta .. ntur, nau ,-. u,a :, , ' ' . ' •. I. • I I ]- • • • ,- • • '· .. ., SEN1 av:x,rox Telecopier 7021 9-10-91 2•CENTRAL SERVICES :, 2 ~,a11,r 10, 1111 •• ,1 ......... ... l.oaa1 Maul•n~ ua ... &aenn IN ,_. -..., llaite IOO ....,,_, 0.1-... IOHl•HOI Dear ......... Qty of Lakewood 441 loutb &111-1UDQ S..llauaadl, ODloiruo IOIH•UOI SOS/tl7•7to0 OIi Nbalf of Llttlftoll, ....,1..,.., •1--1e, llftn ........_ ... 1-.&ae Dlnrl• ... J•bt Hd I -,co,,W.. a Wlef ...... f• au ---el ltOO ••••• ......... 11, 1111 • . Ille ~-'° lie wowed la • ~ '° ,-laehdet 1. 1wa1e 01 ..... 8'utr ... ANelecMua an., 1111. 11 ...... n-.. t'oaieltr _. ,._,. 111. ._..s.w ., ..... ·~ .... ,a,e,e, Gira.tas.. • i..... n. auo.i ..uts.e.• .. ,1111111Ut&.,... w111 ua1.-a1, .... eH&elale, -. ....... 11, ....... nl naff ud lefa1 ---1 • .. ..,no&ew Ula 111 twlltr '° di.MUN vi.tit ,-Ula ftC7 flffa...lt e&.hal:iea faeed • au neiAleBe ... '° ~ . ~~~~ oa.tr ... .._ Nt &N/lllltalNa u,,. • l • . ' .. I. • • , I ]- - • • • ,. ~ ... -. • " . • . <, ... SEN't s.v:x,rox Te1,copitr 7021 : 8-10-81 : 9:49 2--CENTRAL SERVICES :1 3 I, Toxlo Cleanup liqully ancfAaaal1ratlon Aat. A. DH ........ ol lw 111'11111 encl .... Of AmlrlOIII Colllfflunlllee for Cllanupl!qullf. •• Whal ... Aol would do. °"" ............ and ......... fll mllalpal IOld W8III (111W) or NWIII •&11• ......... Pl1vllll ...... ,. 111* INnl Plltr 00111iliul1n ..... nl1l1d ID 111W 1111d ........... Q1 ...... andnn111a.tnol111Wor-111 llud91 on1r d111Ud PIIP8 I II 1111111111 •••11111111 IIIIIL I I 11pl•lllt111•1llll1111111t.1PAWIIIIII ...... ...... .... _ ...................... , ~ ........ 21 .. (lwta8'r), nal lalll .__ II MIW • •cu I llud91 ' . ' I ' • . ' , . ' . . • I. • , . • . ' ]-•, • ' · ... • <. -... .... SENT av:x,rox r,1,copier 1021 ; 8-10-91 ; 9:,9 .. 2~CENTRAL SERVICES ;1, c. What .. Ml would not do Would nae pnMde a IIIMI al munlalplll ...... .. .. W1uld not 111Nt IIIUlllolpel l1lla, for .......... aa. ........... "•···· D. ltn•lfJ Pollular ...,.. ...... .,. • • • I. • ... ,_ I - l' - • • . .. • '· ,. ,. ... ' SEN~ Bv:x,rox r,1,cop1er 7021 : 1-10-11 : 1:50 2~CENTRAL SERVICES :1 5 II. ...... ... Toxlolty end Lawry A. ,_ .... ~ .... ..., .. valume. 1111 lp1el1I Nolloe ........... _.. .. high..._ ............ ..... In Ill ... not ............ •• ........ Callllllluenll of •• , ..................... tarr11no, polor on lllfl1ldll ... fll •nl11lpll •• 11 .. ,,. ....... ,., ...... '. ~ . . , • . .. I. . 0 -- - t • • • • ·~ • .. SEN~ ~y:x,rox TtltCOPitr 1021 : 8-10-81 : 9:50 2--CENTRAL SERVICES :1 5 IIL Comparleon of lewage lludge lo Pl MJalfflle Crttarla at Lowry A. aoo,ooo ..... al._..,. ........ OM Cludfr •a ......... ,,. ...... lludll °"" oontalne lOOO ...... a. lllllo, LIIIIIN, 1r1111waod. Labw11d 111d Gllndll1 .,.. ID ..,. .,.. .., '7.oao.OOO ..... 111111 up. 1'1111 equ .... to n1arlJl1.1DOper ...... ott ll1ua-,1mu1n1. Theda ..................... .., .............. gallon far Nall clolar .. IIIIOft eplllt bJ lie fflUlllolpllllH, c. lllllo, Lllllla.~ Er-.gl1w11d and LalHUIDDd .... bNn ...... .... ......... '!idllH .... noL D, Tlwl11Dllan oaala al 11111D. Ull1lua. "'"••aad and Lall1ar111d pl'Obablr far •a11d tran11alan oaala of-, M ........ ........... ' . • I .. I. • '-I ]- I - • • " -. -, • · ... • ,. .. .. -SEN~ av:xerox r,1,copier 7021 : a-10-&1 : a:s1 2-CENTRAL SERVICES :1 7 IV. Cona1ua1on .... A. WII ,au ..... wllll ue Ille -.1apman1 of a ........... ...,....._ far our allll1rw .._..,......,, .. How ...... of .. Lawry-·-.. ...., ....... 1D ... , ... ••. , C. Can ,au alll'IJ ....._ ... ,.. •A llunlolpal 111 • ldlllta ......... , ....... -., • I ' ( .. . I· • ,_ I ]- • • • • ~ . • . SENT sv:x,rox Telecopier 7021 : 9-10-91 9:51 2~CENTRAL SERVICES .,_,,... IHtttmnl IPipt;e IV. CDaolueloD ...... ,•aw.a. •Hen. ft9 ep1 , ... 1 .. ,COWlde a aode1 fW "*'n Ila aaaie'-1 --·~ ....... H w de an -a ...a.-• ...._, Ila ... •ll ... c.,m_ ... , __ n c t • • cnma at C t ! to oodua. '"'--lr, i. ·• ....i.iuaa .._ ''"' 11, ... a. ... &al,._ ... ,iw ..u. • ... ,._ .._.,._ •1'11 ... 111111 •• •• ... ..... el Ula r..., ..-a.. la ...i1, ~ ....... e& .... , H r..., we ..i,. -_. ..... •1111119 ...a. 1' • • ••n,_.. .,._, 01eu1,, •llllNI -_. ..... ~ r.e., ...W ftU1 M a I 11 ,_. alta .. • ._ ..._ ....... -.. .... w • N -ue ~ ...... 111, ..... -.u ....... •Ul • rau ,..._. • l'9eleltflt ,, ~ • . :, 8 .. I. • - i - • • • • <. ... SEN~ ijY:Xerox Ttltcopier 7021 8-10-81 2~CENTRAL SERVICES , ... a .,.. ..... do ..... laia 1:0 OU oi.'1 ... a M plplpl• eM1:lwn ""lob -~ ,...,... ndioeou .. ....._ w laM •• • 00ft or 1Na tllaa 1100 ,-ta11oa .._ -011:1 .... an (1) 81118' .. o,w 11000 ,w tall• ef N•rlOA ._.,..._, C2J MF laa ..U.tiaaal Nat IOlf 01-p ... CJ) all 1w ...... ol .... ~ io • --,ioial n• 1..W. neou.e, o. o.. ,-oladty ...,.._ U. w 1M NllaioQai 1-laltlau .. will...._. ..... 01 .... , 11 ... '*Y .. , Ola 11 • •11111 to 111oi.. ..... •i...-• If•, w111 *'• l1*1na •11 C to .. tnt. a.....-o \Ila ......... , .. ., -...... ,..,.,,..., . / •. :, 8 I. • t -""I - • • l . l ·. I I I . ! • • i. • <. r \k C~tf!CL;J ~,se~ ,s AS t.,.l {( A-<; -r-Re.c' t:> A-i.~PL'( W-0~'< F£1~ 2>~. T ,, I$ ~~ I 1/ v e , . - -<'riil'l\L Tt-fe t-a.i-~r SeA)teAke ,s ~ -r'(PtJ -.. -~b S v~6~sr IA:,€. o.ecnes.~A1'£ A-"1 Al£i'6.eT1 ;=-o I /~ uP. g~ ~ I..:,, //,4.s ------ ' . . ··:;.· . . I I . • 0 , -• • I• • . . . • HAN1C •IIOivN - Elaie Lacy Chairaan tlnfttd ~tBttJ ~matt WASHINGTON, DC 20l1CMII04 August 28, 1991 Denver Re9ional Council of Goverrnaenta 2480 Weat 26th Avenue, Suite 200-8 Denver, Colorado 80211 Dear Elaie: Many thank• for contactin9 ua re9ardin9 S. 1557, the Toxic Cleanup Equity and Acceleration Act of 1991. It ia helpful to know of your intereat in thia le9ialation. Aa you aay know, S. 1557 would aaend the Coaprehenaive Enviro11111ental Reaponae, Coapenaation, and Liability Act of 1980 (CERCLA) in several areaa. Firat, S. 1557 would perait a municipality a9ainst which judicial or adainiatrative action haa been taken to requeat a aettle .. nt re9ardin9 ita potential liability for all or part of the reaponae coata or daaa9ea to natural reaources. In addition, s. 1557 would require the aunicipality to pay for coat• baaed on the quantity of hazardoua conatituenta within municipal aolid waate and ••v•v• alud9e, not the overall quantity of aunicipal aolid vaate and ••wa9e alud9e. The bill would alao liait • aunicipality ·a payaenta if auch payaenta would force a municipality to declare bankruptcy, or to default on ita debt obli9ationa. In teraa of a·etroactivity, S . 1557 include• langua9e that atatea that the act shall apply to any party whoa adlliniatrative oa· judicial action has been coaaenced before the effective date of the act, unless a final court judvaient haa been rendered a9ainat that party or final court approval of a aettl•••nt a9reeaent includin9 auch party haa been 9ranted . In addition, where Clnal court judvaent or court -approved aettl•••nt has been ~endered, the act would apply to all conteated iaauea not expreaaly resolved by auch court judvaient or ••ttl .. ent a9reeaent. s. 1557 haa been referred to the Senate C01111ittee on !nvironaent and Public Worka. ,- • ' I . • • , ]- - ; • AuCJUat 28, 1991 Pa9e 2 <. • • • ,. " ........ -............. _ •"' ,nn, D~. We have been in contact with the Environmental Protection A9ency re9ardin9 ita current policy of takin9 action a9ainat aunicipalitiea which have contributed waatea to landfilla. It ia our underatandin9 that if a aunicipality can ahov that ita aolid waate or aewa9e alud99 contribution to a landfill haa no induatrial or coaaercial contribution, the a9ency will not puraue that municipality for cleanup coata. We alao underatand that the EPA ta conttnuinv to develop an initiative announced in July which would allow auntctpalitiea involved in third party auita to .. ttle vtth SPA aeparately froa other Prlaary Reaponaible Partiea. A conference haa been acheduled in October recJardinv thh initiative to dtacuaa how cleanup coata ahould be aa .. aaed for the•• auniclpaltttea. A public coaaent period 1a acheduled for Deceaber. · A,Jain, thank you for writtn9. It 1• •Y f .. linv that it aay be appropriate to aodlfy CERCLA in order to a• .. •• coata or d .. ac,ea reaultin9 froa .. wa9e aludve in teraa of the quantity of it• haaardoua conatltuenta inatead of it• overall quantity. Senator (. . ' I. , > I • X ]- ]- • • II -• • t• . • ' TIIE \\AU. STREET JOlll:S:\L :S!Q:,-D.\Y, SEPTDIBER 16, 19?1 B7· LAW -µ/C, :Jn~~!t?_~s Lose Round Over Cleanup Costs . • · .• ·: John H. Gross, la11iyer ror Independent ·. : : : By JoNATHA.~ MosES ,Petrochemical, said Insurance Co.· of .· And WADE LAMBERT North America and Aetna casually & ". : Sia// .Rrporlrra of TH& WALL STllEl:T JO\."ll."(AI. ... su~ty._co. In Hartford, ~nn .• face the , ·: A decision by a federal appeals court In ;'. 1;createst exposure''. on those : costs._ A . : Washlnrton may make il easier for compa· :::.~~~ for the . unit . of_.A,:e~ Ifft &: . -nles that owe the go\'ernmenl money for :~~-~-Co.couldn't be "ached.:,·-~;.;._. .. ·~ environmental cleanups to reco\·er dam· \ fhe Nepacco case, dtclded In 1988 by ·.'iin from their lnsuren. · · · the Elrhth Circuit court of Appeals In Mis· ; \·. In the ongolnc le,:al battle O\'er whether I sourl, also concerned the Times Beach ln· ·· ·.~panles or their Insurers should pay for. cldent. In that case, one of the first In . : :cleanup costs, Fri· -.·hlch the rovernment sought reimburse· :.. day'sdeclslonrepre· LEGAL BEAT ment for a cleanup under Superfund laws, , sented a slcnirlcant the appeals court ruled thal the producer : . victory for the side of the dioxin, Northern Pharmaceutical & · · .of the Insured. The Chemical Co. l~epacco l, wasn't entitled to . : ·appeals court re· Insurance covera,:e. . : Jected Insurers' ar· "Nepacco Is the key case Insurance •. cuments that relm· companies have relied upon to beat the ~ bursements to the · <:!alms on policyholders nation"ide. Now , ro,·ernment for the court or appea ls In Was hington (has) ; cleanups aren't cov· said In stronr lan~age that t-.epacco Is ' ered under compre· wronr," said Mr . Gross, a partner In the : hensl\'e reneral liability policies. And the New York law firm of Anderson Kill Ollck three·Jud&e appeals panel critlclz.ed a re· & Osh ins ky. lated decisi on , known as "Xepa cco," that For compan ies facln: Superfund Insurance lawyers had relied on In other cleanups and the ir Insurers. the stakes In ~s to make that arirument. the battle O\'er who Is responsible for relm· . The appeals court case stems from the burslnr tht federal l!'O\·ernment for en\1· much ·publiciu-d co:itarr.lnation and subse · ronmental cleanup costs may total S500 bit· quent e\'acuatlon of Times Beach, ~lo. In· lion. dfl)fndent Petrochem ical Corp ., -..·hlch "Anxiety Is hl&h," said Thomas Brun· filed the suit, had arranred for a contrac· ner, a partner In the Washlnrton law firm tor to dispose or waste contalnlnr the of Wiley, Re in & Fleldlnc v.ho Is counsel to . chemical diox in. T e contractor disposed the Insura nce En\ironmental Utlr.:. Ion of the matnlal by spraytnc It o:, roads In Association, an industry croup. "Clearly , and around Times Beach. E,·entually, the Insurers cannot afford and ne,·e r antic!· ' federal fOl'ernment spen t more than noo pated parlnc a slcnlflcan t fraction" of Su· • million to clean up the pollution tnd pur· perrund costs, said Mr. Brunner. He said cha.se the property In T mes Be ach. Inde~ he expects Insurers to appeal the cut. pendent Petroch mlul Is a subsidiary or · • • • Charter 011 Co ., hlch In tum Is a unit of Clw1er Co. of Cincinnati. The co\·crnmer.t Is eklnc S96 million from fndepend nt P trochemlcal, -..·hlch llu hied for h:ipttr 11 p tec:tl on rrom creditors, and the company sued 2S In · surtn demandlnc that th y co,·er the clfanup costs. • Ofnnls ~t. Flannuy, , norney for In su r· ance Co . of N th Am rlca, a su\isldl ry of Plllladflp la b:lstd Ctpa rp , who ar• peel the case on bf half of the lnsurtrs, de- dlNd to comrntnt . . , '' • I . • , - • • • • ,, .. f:>~'f,,() -·~'~ ~_!\.,~ Radio Propert7 V••t• ... . • o ~v ~·~CJ~ -.1· One Parkside Plaza• 1430 Olive Street• St. Louie, MIMOUrl 68103 • (314) 841-8442 ~' ~\·-\v, ... Mr. Rick DeWitt, Eaquir• Cit:, Attorney Cit:, of Enalevood 3400 South Elati Street lnalevood, Colorado 80110-2304 U: ltQll Dear Mr. DeWitt: 1991 I have been doina •oae aianificant travelin& recently and now have a fev aoaenta to tidy up aoae loose enda. I have received executed and recorded copi•• of our nev leaae for our nev tower aite. I want to take a aoaent to expr••• our appreciation to tha Cit:, Council and to all of tho•• official• with whoa ve have dealt reaardina thi• leaae, and ••peciall:, to :,ouraelf and Denni• Stove. Certainly, aa you can iaa&ine, tha initial vacate notice ve received •hocked ua, and worried u• ••••rely over the expenaive lapact that ve would auffer. It vaa very poaaible that a aove away froa tba Treataant Plant could literally have put our radio atation out of IN•lne••· Fortunately, aan:, Cit:, eaplo:,e•• chipped ln their effort• ..... now caa look forward to a contlnuina, 1111tually re .. rdina relationahip vltb our landlord•. Apln, I want to alncerel:, thank everyone for tbalr court•-atteatl- alUI thou&htful penhtence durlna tha proc••• of puttl111 our n-l••N in place. •••• ~·~~•r••-·--~~~~ lurt ~- lllt:ak " - •. .• I. • • , ]- - • • • • • <. ,,. { ~ . . ~~ hij t1 tfrMt ii ~ ~~h1 IUULTS1 ________ _ 'I . ' .. . . I . . 0 I _ -I • 1- • • .. - PIESENTED IY ~/ ( /a I /Ullt dt C/ ~; ~t:Ld:A oL; f « J()et-~Ty-; • •••1 • lralll1 IIMTS1 ' ' ,.. ' ' ' . .. . I • , '· . . , • - • • , . AIEleA ITEN _/_Ci..->_ ~ttA 11rn•1 r-- mama &( efc,c-i:. IIM.TS1 . . • . . " • ( ~ . 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' . . , ' I. . • , 2 ]- • • • t• • A&ENDA ITEN 12(1)(11) -SEPTEIIIER 16, 1991 CLAYTON'S REQUEST FOR TIAYEL EXPENSES TO NLC CONFERENCE IN LAS VEGAS CLAYTON: YOUR HONOR AT THIS TIME I'D LIKE TO ASK COUNCIL'S APPROVAL TO APPROVE THE EXPENDITURE OF FUNDS IN THE AMOUNT OF APPROXIMATELY $1100 SO THAT I MAY TRAVEL THIS YEAR IN DECEMEBER TO THE NATIONAL LEAGUE OF CITIES CONFERENCE IN LAS VEGAS. AS YOU KNOW I AM A MEMBER OF THE ENERGY, ENVIRONMENT ANO NATURAL RESOURCES POLICY COMMITTEE OF THE NATIONAL LEAGUE OF CITIES. THAT COMMITTEE IS CURRENTLY CONSIDERING OUR VERY IMPORTANT ISSUE OF SUPERFUND, SUPERFUND LIABILITY AND SUPPORT OF THE WIRTH/LAUTENBERG TOXICITY Bill. I ANTICIPATE THAT I'll BE THERE FIVE DAYS. MR. FONDA, I utl>ERSTAND, IS ALSO GOING TO ATTEND TO PROVIDE TECHNICAL SUPPORT FROfll THE WATER AND SEWER BOARD. I UNDERSTAND THE WATER AND SEWER BOARD HAS SUGGESTED THAT WE SEND MR. FONDA AND ONE OTHER PERSON. SO I WOULD REQUEST THAT COUNCIL APPROVE THAT EXPENDITURE . VAN DYKE: MAY I HAVE A MOTION IN SUPPORT OF MR. CLAYTON'S REQUEST? BULLOCK: COULD WE ASK SOME QUESTIONS HERE? VAN DYKE: SURE. WE COULD ASK THEM AFTER THE MOTION OR YOU CAN ASK IT BEFORE THE MOTION. THAT WOULD BE FINE. WIGGINS: AFTER THE MOTION. HATHAWAY: YOUR HONOR, I MOVE THAT WE APPROVE MR. CLAYTON'S REQUEST FOR $ll00 GIVE OR TAKE, ESTIMATED FOR THE NLC CONFERENCE IN DECEMBER SPECIFICALLY FOR HIS CURRENT NENBERSHIP ON HIS ENVIRONMENTAL, ENERGY AND NATURAL RESOURCES COMMITTEE. YAN DYKE: SECOND TO THE MOTION? I'll SECOND THE MOTION. IT'S ON THE TABLE FOR DISCUSSION. MR. aJLLOCK. BULLOCK: POINT I -IS IT CERTAIN, Bill, THAT YOU Will BE REELECTED? POINT Z -IS IT ADVISED BY STU F~ THAT YOU'D BE THE PERSON TO ATTEII> THE CCltFERENCE? POINT 3 -IS IT EVEN ADVISED BY, IIELL I IELIEVE STU F~ AND RICK DEVITT WERE THE DESUiNAT£D PEOPLE TO SPUR US TO ACTION WITH RECiARO TO l-Y OUTSIDE Of THE CITY, All> I'D LIKE TO KNOW IF THIS REQUEST IS MADE AS A SPECIFIC RESPCIISE TO ANYTHING THEY'VE RECOMMEll)(D . FURTHER 1 'D LIKE TO KNOW IF YOU INTDI> TO SPEii> MY Of YOUR 0111 FUNDING ON THAT, AT ALL. All>, YOU KNOW, SUIU 1 'D ALSO LIKE TO COMMENT THAT WHEN DO IIE SHUT THE VALVE Off ON THIS ISSUE, All> lltERE DO WE DETEIIIINE, HOii DO W£ DETEIIIINE lltERE W£ SHOULD DIRECT OUR RESOURCES HERE? CLAYTON: I THINK THOSE ARE GODO QUESTIONS, TIM . I THINK FIRST OF ALL, OBVIOUSLY IF l 'N NOT REELECTED, I WON 'T GO . AND WC WILL STRUCTURE THE REGISTRATION AS tUH AS POSSIBLE SO THAT IF I DON'T GO PERHAPS SONECltE ELSE CAN . THERE 'S A DISCCUIT IF IIE PAY THE PREREGISTRATIClt BY THE ZJRD Of SEPT[Nl(R lltlCH rs CLEARLY l(fOR[ TH[ ELECTIClt . • I • ' I . • • I • -,. ·, • .. -... • • BULLOCK: HOW MUCH IS THE DISCOUNT? CLAYTON: THE DISCOUNT IS DEPENDING ON WHEN WE PAY IT, I BELIEVE IT'S ABOUT $35. THERE'S A $30 CHARGE IF WE PAY IT AND WANT A REFUND AS I UNDERSTAND THE DOCUMENTS, SO WE CAN ASK FOR A REFUII> ON MY PORTION OF THE REGISTRATION AND IT WILL COST US $30 IF I'M NOT REELECTED. SHALL I GO? WHEN THE CITY COUNCIL APPIIOVED MY NCIUNATION TO THE ENERGY, ENVIRONMENT, AND NATURAL RESOURCES POLICY COMMITIEE, I ADVISED THE COUNCIL THAT COMMITMENT REQUIRES TWO TRIPS A YEAR. THIS IS THE SECOfl> OF THOSE TWO TRIPS. AS ONE OF THE FOUR OR FIVE MEIIIERS FROM THE STATE OF COLORADO, UNFORTUNATELY THIS APPOINTMENT IS NOT TRANSFERABLE. IF I DON'T GO, NO ONE ELSE CAN GO IN MY PLACE AS A MENSER OF THAT COMMITIEE. CERTAINLY THE CITY CAN TRY TO TAKE ADVANTAGE OF MEIIIERS FROM OTHER CITIES. AURORA HAS A MEIIIER ON THIS COMMITIEE, NORTHGLENN HAS A IEIIER ON THIS CCIIUTIEE, FT COLLINS HAS A MEIIIER ON THIS COMMITIEE. IT'S UNLIKELY THAT THE POSITION WOULD BE DIRECTLY TRAIISFERABLE TO ANOTHER MENIER OF THE CITY PARTICULARLY AT THIS LATE DATE FOR 1991. M I RECOMMEfl>ED BY STAFF? I BELIEVE I HAVE THE SUPtJORT OF tll. FONDA, AND RICK AND I HAVEN'T DISCUSSED IT SPECIFICALLY, BUT I'll LET HIM SPEAK TO THAT. WHEN DO WE CUT OFF THE EXPEll>ITURES ON THIS TYPE OF FUNDING? WELL, I THINK 11£ GOT A UTILE SET BAClt HERE THE OTHER DAY WHEN THIS PARTICULAR STEERING COMMITIEE su&GESTED THEY WOULD NOT SUPPORT THE LAUTE-RG/lflRTH BILL. I THINK WE'RE IN THIS FOR THE LONG RUN AND I HOPE IT'S OUR INTENTION TO BE SUCCESSFUL. CERTAINLY IT'S GOING TO BE EXPENSIVE IF WE'RE NOT SUCCESSFUL. COlliRESSIMN SCHAEFER, SENATOR BIIOIII All> OTHERS HAVE lll>ICATm THAT SUPIIORT FROM THE NATIONAL LEAGUE OF CITIES IS REALLY ESSENTIAL TO THEIR SUPPORT OF THIS LEGISLATION. I HEARD THE OTHER DAY THAT SENATOR WIRTH IS CATCHIIC A LOT OF PR£SSU1E, A LOT OF FUCK FOR HIS SUPPORT OF THE BILL. IN FACT, IT'S EVEN BEEN SU&S£STED TO US AT -TINE THAT HE HAD WITIIJRAIII SUPPORT FOR THE IILL. I THINK IT'S CllTICAL TO ENCLEIIDOD' S FUTIII£ THAT WE ll>T MCI DOIII CII THIS ISSUE. WE HAVE TOO IIICH AT STAI£. WE HAVE M1E A TiaEIIIOUS MDIIIT OF PIOU£SS. Sl100 IS VERY LITTLE CONNl£D TO THE IIILLICIIS Ml) IIILLICIIS OF DOLLAIS WE'RE AT LIAIILITY. DO I llntllt TO EXPOI> IIY M FUIDS? II THE S£11SE DO I IITEII> TO TAI£ llllll£Y OUT OF IIY CNECIIII& ACCOllfT All> .. ITE A CNECI FOR THIS? m. 00 I llntllt TO TM£ TINE OFF FD Ila All> GO? YES. l'D I( HAPPY TO._. IIIY OTHEI QUESTICIIS • .. LLOCI: FOi.LOii UP YOUI IOIIR? RICI, IS THIS. IMS ac THE OISMIZATICII WHERE 11£ HAD PalEIIS WITH THAT CIIE UDY WHO IMS OPflOSITICII. IMS IT RENA STEIISER? CLAYTON: ND • ..LLOCK : IS THAT, IS THIS THE SME ••• DEV I TI : CAIIOL KOH I ZEN. CLAYTCII: CAIIOL ICOHIZEN. SHE'S THE L-YIST. MLOCI: THIS IS THE SME aJUP? DEVITI: YES. • z • . . . , •. I. • 0 - • • • • . . BULLOCK: OKAY. DO YOU TAKE A POSITION ON EXPENDITURE OF FUNDS FOR THIS? DEWITT: I FEEL THAT IT IS INAPPROPRIATE FOR ME TO SAY WHETHER IT'S APPRORPRIATE OR NOT FOR AN INDIVIDUAL COUNCIL MEMBER TO BE INVOLVED IN SOMETHING AS INVOLVED AS THE NATIONAL LEAGUE OF CITIES. I MEAN I WORK FOR THE CITY COUNCIL ANO I THINK IT'S INAPPROPRIATE FOR ME TO TELL COUNCIL HOW THEY SHOULD OR SHOULDN'T ACT. NOW, SPECIFIC QUESTIONS, MAYBE I CAN HELP EXPLORE WITH YOU. BULLOCK: DO YOU FEEL THAT THE LOBBYING EFFORT OF THIS TYPE BY OUR CITY WOULD HAVE ANY OPPORTUNITY OF BEING EFFECTIVE, GIVEN THE AMOUNT OF FUNDS EXPENDED? DEWITT: I BELIEVE THAT INVOLVEMENT IN THE NATIONAL LEAGUE OF CITIES HAS SOME BENEFIT TO THE CITY WITH RESPECT TO THIS ISSUE. I HAVE TO QUESTION NATIONAL LEAGUE OF CITIES' BENEFIT TO THE CITY OF ENGLEWOOD GIVEN WHAT THE COMMITTEE DID LAST FRIDAY. I INDICATED IN NY MEMO THAT I WAS ABSOLUTELY OUTRAGED, IT'S ABSOLUTELY INCOMPREHENSIBLE WHAT THEY'RE DOING, BUT I ALSO KNOW THIS -THERE'S ONLY ONE WAY TO COMPLETE THIS AND THAT'S GO WITH THE PUSH. FRAMCLY, THE NATIONAL LEAGUE OF CITIES MAY KILL THE LEGISLATION. I THIIIC THAT THE LIKELIHOOD OF THAT IS BETTER THAN 50/50 . LIKE I SAY I REALLY QUESTION lltETHER NATIONAL LEAGUE OF CITIES REPRESENTS ENGLEWOOD. AND I'VE DONE THIS BEFORE WITH YOU. AND I'VE SAID THIS. I MEAN, IS NATIONAL LEAGUE OF CITIES REALLY, YOU KNOW, A LOBBYING BODY FOR THE SMALL TOWNS? I KNOW THIS, IT HAS SOME WEIGHT WITH CONGRESS AND WE CAN'T EVEN GET THAT WEIGHT BEHIND THIS LEGISLATIVE EFFORT RIGHT NOii. THE ONLY WAY I KNOW TO AFFECT IT JS TO BE INVOLVED, AND YOU HAYE TO DECIDE HOii WE'RE INVOLVED IN THAT AREA. FRAMCLY IF THIS LEGISLATIVE EFFORT FAILS, THEN I SERIOUSLY THIIIC THAT THE lltOLE ISSUE OF INVOLVEMENT IN THE NATIONAL LEAGUE OF CITIES IS SOMETHING THAT THE COIIICIL IS GOING TO HAYE TO WEICH AND MALYSIZE. BECAUSE I'll TELLING YOU RIGHT NOii, IF 11£ DO NOT HAYE THEIR SUPPORT, KISS THAT LEGISLATION GOODBYE. All> THEY SO FAR HAVE NOT SUPPORTED IT. All), Ml> IT'S £1TR£N[LY DISCCUWilNG AS TO WHAT HAPPENED, BUT IT IS UP TO PEOPLE II IIASNINGTON. I KNOW THAT BILL BUDEY WAS AT THE IIEETING, IMS ASlED TO 8( THEIR BY RENA STEIISER. IT'S ABSOLUTELY BAFFLING TO NE llfY THEY MON'T HELP US OUT. WE HAYE A IIULTI-IIILLION DOllAR LIAIILITY IIE'RE FACING All> THEY'RE NDT STEPPING UP TO THE PLATE HELPING US. Ml> I'll GOING TO TELL YOU RIGHT NOii, BY DECEMBER IT MY 8( DEAD. BULLOCK: MAYOR, IN THE EVENT THAT IIR. CLAYTON IS NOT REELECTED, IS THIS SOMETHING THAT YOU'D BE WILLING TO PERSUE? YAN DYICE : I CLEARLY HAYE A POSITION OF STIUC SUPPORT WITH REGUD TO WHAT IIR. DEWITT HAS IIENTIONED All> 111TH REGUD TO WHAT IIR. CLAYTON HAS SAID, All> IF COUNCIL WOULD APPIIOYE IT, I CERTAINLY WOULD GO IN HIS PLACE All> DO THE BEST I COULO TO SUPPORT THE ISSUE. BULLOCK : OKAY. HAIEIICHT : I DO BELIEVE THAT IIR. CLAYTON IS THE DESIGNATED REl'RESOTATIYE OF THE ENGLEIIOOD CITY C<UICIL TO ntE COLOUDO UICIML LEMM All> TIIIOUCH THOSE EFFORTS HE HAS lfORIED VERY HAID ON THE 1SSU£ ON B(HALF OF THE CITY. I THIIIC IT'S APPIOPIIATE FOR HUI TO FOLLOW • J • ,. - .. I. • , - • • • . ,~ • THROUGH ANO AS A MEMBER OF THE COMMITTEE. IF HE 010 NOT GO, I AM SURE THAT CML COULD FINO SOMEONE TO SEND IN HIS PLACE AND THAT WOULD BE NO PROBLEM WITH THAT. I DON'T THINK THAT'S THE ISSUE, BUT THE FACT IS IS THAT HE HAS BEEN CARRYING THIS FOR ENGLEWOOD. I THINK THAT THE BEST WAY TO DEAL WITH A GROUP THAT ISN'T DOING WHAT YOU WANT THEM TO 00 IS TO GET INVOLVED AND MAKE THEM CHANGE. ANO PERHAPS MAYBE, YOU KNOW, WITH MR. CLAYTON'S EFFORTS ON BEHALF OF THE CITY GOING FORTH THERE TO 00 THAT IT WOULD HAPPEN. WHETHER OR NOT HE GOES OR SOMEONE ELSE GOES, I THINK IT'S IMPORTANT THAT WE SEND A REPRESENTATIVE. I'M CONCERNED ABOUT THE CONTINUITY OF REPRESENTATION AND THE CONTINUITY OF STRENGTH, BECAUSE I THINK ALTHOUGH YOU MAY NOT SEE IT VISIBLE IN THIS PARTICULAR ISSUE AT THIS TIME THAT THE CITY OF ENGLEWOOD HAS BEEN GROWING IN STRENGTH BUT AT CML AND AT NLC, AND I HATE TO SEE THIS MOMENTUM LOST BECAUSE MR. CLAYTON MIGHT NOT BE BACK. I THINK IT'S IMPORTANT TO CARRY THAT ON AND I'D LIKE TO SEE SOMEBODY TAKE AN INTEREST, AND YOU'RE WILLING TO GO (ADDRESSING YAN DYKE), AND YOU WOULD BE CONTINUING, I THINK THAT'S EXTREMELY IMPORTANT. WE NEED REPRESENTATION. YAN DYKE: LET NE CLARIFY THAT I PERSONALLY BELIEVE MR. CLAYTON HAS BECOME THE BEST INFORMED ON THIS ENTIRE ISSUE AND OYER THE LAST TWO MONTHS I'VE PUT A LOT OF EFFORT IN TO TRY AND COME UP TO, NOT NECESSARILY PAR WITH WHAT MR. CLAYTON IS DOING, BUT CERTAINLY I'VE GOTTEN EXTREMELY KNOIILEDGABLE, AND ONCE AGAIN, IF COUNCIL WOULD BE WILLING TO SUPPORT THAT IF IT COMES TO PASS, I'll 00 MY BEST TO SERVE COUNCIL IN THAT CAPACITY. MR. CLAYTON. CLAYTON: YOUR HCN>R, ON THAT SME ISSUE, I WOULD CERTAINLY ENCOURAGE ANY OTHER MEMBER OF COUNCIL THAT IMNTS TO TO CONSIDER ASKING FOR FUll>S TO COME ALONG ON THE TRIP. I THI• IT'S A REALLY IMPORTANT ISSUE FOR US, FOR ENGLEWOOD. IT'S IIIIORTMT FOR THE IIHOLE METRO AREA. WE SAT IN TH£ EPA'S OFFICE LAST IIEEl 111TH REPRESENTATIVES FROM EVERY SEll£R DISTRICT IN THE ENTIRE METID AREA TAlllNG TO THE EPA. IT'S NOT JUST EICl.EWOD, OR LITTLOCII, OR CLEDLE. IT'S All OF US. Ml> AS ... DOIITT POIIT£0 OUT, EVO 111TH THE R£PRESENTATICII FROM Z0,000,000 PEOPLE 11('1£ HAVll5 TIIOUllE 111TH THIS LOIIYIST AND THIS CIIE, Ml, CCIIIJITTEE. I THI• ll('RE li0115 TO liO TO LAS YEW 111TH REPRESENTATIVES FROM CITIES All OVER THE IIATICII THAT ARE MD AS HELL Ml> I THI• 11£'1£ li0115 TO PREVAIL. AS FAR AS COIITl.,ITY, STU FOIIDA Ml> I NAO DISCUSSED THAT AT LEl&HT ONE DAY, Ml> THAT 'S CIIE OF THE REASCIIS THAT STU IMNTS TO liO . AND IT THIIIC THAT 'S Al EXCELLENT IDEA. NOT CIILY DO 11£ NEED CCIITl.,ITY FROM PEOPLE CII TH£ COIMCIL FMILIAR 111TH THESE ISSUES, IUT 11£ 11££0 FAMILIARITY ON STAFF . A FEIi YEARS IACl I THIIIC IT APPEARED TO SOME OF THE STAFF AND I THIIIC P[IIHAPS IT APPEARED TO STU THAT 11£ 11£REN 'T GOING TO MME MUCH PROCllESS. IUT I THI• THAT'S CIWl&ED Ml> I THIIIC THIS COIITl.,ITY IS IIIIORTMT, IT'S REAL IIIIORTMT. GULLEY : I GUESS I DON 'T HAVE A QU(STICII AIOUT WNO CiOES AS MUCH AS I NEED TO UNDERSTAND lltAT IS THE CCIIIJITTEE THAT YOU 'RE CII THAT ONLY YOU ARE ON? CLAYTON : OIAY. 1 'N A REPRESENTATIVE ON THE POLICY COIIIJITTEE OF THE El(IICY, ENVIRONMENT, AND IIATUW. RESCUlCES, IIUCH IS CIIE OF FOUR OR FIVE SUICCIIIJITTEES OF THE IIATICIIAL LEMUE OF CITIES. THIS PAltTICULAR CCIIIJITIE E IS THE ON£ THAT DEALS NDSTLY WITH ISSU£S LIKE SUP[RFUID . • • • ' I· • • , -• • IT ALSO DEALS WITH OTHER ENVIRONMENTAL ISSUES -WETLANDS IS A BIG ISSUE ON THE COMMITTEE. THIS COMMITTEE LAST DECEMBER PASSED A RESOLUTION ENCOURAGING THE NLC TO SUPPORT LEGISLATIVE EFFORTS TO CHANGE SUPERFUII> AND RELIEVE OUR LIABILITY. IN ESSENSE THE RESOLUTION LAST DECEMBER TOLD THE NLC TO DO WHAT THEY ARE NOW REFUSING TO DO. AND THIS IS REALLY THE ONLY VEHICLE IN THE NATIONAL LEAGUE OF CITIES THAT WE CAN GO AFTER THIS PARTICULAR ISSUE ON. THESE COMMITTEE APPOINTNENTS ARE NADE FIUI INTERESTED MUNICIPAL OFFICIALS WHO PETITION THE COLORADO MUNICIPAL LEAGUE AND THEN ON THE BASIS OF AVAILABILITY APPOINTNENTS ARE NAOE BY THE NATIONAL LEAGUE OF CITIES . I THIii( IIE IIERE QUITE FORTUNATE THAT WHEN I PETITIONED FOR THIS COMMITTEE All> THERE WAS A VACANCY AND I GOT ON IT. I KNOii OTHER PEOPLE FIUI OTHER CITIES THAT HAVE WAITED FIVE, SIX, SEVEN YEARS TO GET ON THE COMMITTEE. IT'S A VERY SOUGHT AFTER APPOINTNENT. All) I THIii( WE'RE QUITE FORTUNATE TO HAVE ONE OF US ON THE COMMITTEE. VAN DYKE: ANYTHING ELSE, SHERI? liULLEY: NO, I JUST DIDN'T KIDI WHAT THAT WAS. VAN DYKE: RITA DID YOU HAVE A QUESTION? HATHAWAY: NO. I, WITH THE CONTENTION THAT WE ARE PERSUING GETTING AN AIRLINE TICKET THAT CAN BE CHANGED TO SONEBDOY ELSE'S NAME, WE'RE TRYING TO DO EVERYTHING FOR COST CONTAIIIIENT. 8£CAUSE THERE IS A TENUOUS POSITION OF FOUR Of US SITTING HERE THAT IF ANY OF US WERE ... CLAYTON: RIGHT. HATIWIAY: ... GOING TO THIS CONFERDICE, THERE'S A POSSIBILITY THAT MY8£ NONE Of US WILL BE HERE IN DECENIER. Ml) I, 11£'¥£ ALREADY WOIIKED WITH SUE BMDSIWI TO woa MDUIID THAT AS FM AS AIRl.lllE TICKETS, THE REGISTRATION CIWCED, YOU ICD, Ml) IIIATEVER ME NEEDED TO DO. All> I HAVE TO CONNEii) M. CLAYTCII FOR EVOI THI•llli AIOUT THAT 8£CAUSE Of THE FACT THAT IT IS M ElPDIHTUI£ Ml) IT'S SOIIET'Hllli THAT YOU NEED TO DO FRUW.LY, Ml) ME'I( fflllli GUI IEST TO DO IT FUiALLY, All> tllFORTIIIATELY H('S TH( CIIE THAT'S ASSUilED TO THIS COIIUTTEE. VAN DYKE: NR. WIGGINS, MYTHllli? WIGGINS: YOUR HONOR, WHAT IIOUlD 11£ ,AY TH( DIFFEIDCE AFTER ELECTICII TUI£, WHAT WOULD 8£ THE DIFFEIENCE IN COSTS, IUYllli IT IOI VERSUS AFTER ELECTION? CLAYTCII: THERE 'S A SlO DIFFEllfNC E IN 1£'1STIATICII . I 'll NOT SURE, I OCll'T DOIi WHAT SUE WILL I( Ml[ TO DO CII TH£ Alltl.lllE TICKETS . TYPICALLY AIRLINE TICKES ME CN[All(I TH( FMTH£1 OUT YOU IUY THEN. WIGGINS : I tllDERSTMI) THAT . CLAYTCII : SO, I OCll 'T ICD . IF YOU IUY M Alltl.lllE TICKET AFTER IIOWENIER, THAT 'S A NCIITH MMY , I OCll 'T ICD . I D 'T ICIOI, CLYDE. LAS VEW ISN 'T AN EXPOISIV£ DESTIMTICII, _, 11: 1119fT IE Mt.£ TO, YOU ICD, HOU) OFF IUYllli TH( TICKET IIITIL AfTCI TH( ELECTICII. THAT MY I( TN( ONLY ALTEMATIVE ME NAY£. • 5 • . . . , .. "' I. • , - - · ... ,, • . ,. • ... \• .. • WIGGINS: MY JUST PARTICULAR FEELING IS THAT WE HAD A PANIC OPERATIONS HERE WHERE WE NEEDED YOU TO GO TO WASHINGTON, OR YOU THOUGHT YOU NEEDED TO GO TO WASHINGTON AND THAT Klfl> OF FEEL THR0U&H AND AT THE LAST IT PROVED OUT THAT IT WAS NOT NECESSARY. I THlflC THIS IS THE TYPE OF SITUATION IIIERE WE'RE TOO PRESUMPTION AND I DON'T THIMC WE REALLY SHOULD BE APPROVING TRAVEL FUNDS AT THIS TINE llfTIL WE KNOii IF YOU' RE ELECTED OR NOT. AND IF YOU' RE REELECTED AND YOU' VE GOT TO GO, I KNOii YOU SIT ON THE CCIINITTEE, THAT'S FINE. l'N WILLING TO STAND FOR THE EIPDISE LATER ON. I EVEN THIMC IT'S BEYOND THE REALM OF ASKING FOR IT AT THIS PARTICULAR TINE. I THIMC YOU OUGHT TO IIAIT llfTIL TIO. IF YOU'RE ON, THEN YOU GO; IF YOU'RE NOT, THEN SCINEIOOY ELSE Will HAVE TO GO IN YOUR PLACE. SO 1 'N AGAINST IT. HATIWMY: ... Wl&&INS, IF WE IIUT A PROVISION ON SUBJECT TO HIS REELECTION, CAUSE I CM MEND THAT NDTION SUBJECT TO HIS REELECTION. Wlli&INS: I'D JUST AS SOON LET THE MTTER CONE BACK UP AFTER THE ELECTION, IF THAT'S THE CASE. IIATHAIMY: lfOUlD YOU LIKE TO TMLE IT? Wl&&INS: YES, I'D MOVE TO TMLE THIS NDTION. VAN DYKE: NDTION TO TABLE. IUlLOCK: SECOND. VAN DYKE: PLEASE VOTE. CLE•: FIVE AYES IN FAQ, TW MYS • COlaCIL NEIIIER CLAYTON AND MYOR VAN DYKE. WM DYKE: 1HE NDTION IS TAILED. • • • . ' • . • I. . 0 , ~~1 - - • • ,. • • '· AIEIIDA ITEII 12(1)(111)(5) -SEPTEIIIEI 11, 1111 HABENICHT: YOUR HONOR, I THINK I WOULD BE REMISS, ON NY LIST I OVERLOOKED ONE PIECE, All> I HAD THE OPPORTUNITY OF ATTEfl>ING AN INFORML HEARING, AN INFORMTIONAL HEARING WITH THE GOVERNOR IN TEIIIS OF SCIIE OF THE LEGISLATIVE ISSUES GOING BY THE WAYSIDE WITH SCHOOL FINANCE BECAUSE I 'N A NEJIIER OF THE ENGLEVOOO SCHOOLS FOUJIMTION NI> WAS ABLE TO WATCH THE SCHOOL DISTRICT PRESENT A VERY GOOD PRESENTATION. I THINK IT'S IMPORTANT FOR All OF US TO RECOGNIZE THAT WHATEVER IS DONE IN THE LEGISLATURE IN TEIIIS OF SCHOOL FINANCE, IF THEY'RE REFOIIIS OR NOT, COULD HAYE A REAL DEFINITE EFFECT ON US. THERE IIAS A LETTER IN CUl PACKET, A COPY OF A LIDER IN CUl PACKET FRON GREEJIIJOD VILLAGE TO I THIIIC IT WAS SENATOR CCIISIDINE I BELIEVE CONCEMING SIMILAR KINDS OF LEGISLATION NI> THE HFACTS TO SALES TAX FOR INSTANCE. PART OF THE PIECE THAT THE LEGISLATURE IS LOOKING AT IS FUfl>ING EDUCATION THROUGH AN INCREASED SALES TAX lltlCH IIOULD CERTAINLY HAYE ITS I .. ACT ON CUl IUOCiETS AND IIOULD HAVE AN IMPACT ON DIil LOCAL IUSIIIESSES. I THIIIC WE JUST REALLY NEED TO CCIITINUE TO BE VIGILENT ON THIS ISSUE AS WELL NI> WATCH WHAT'S HAPPENING. . It . ' , •. .... I. • , ]- - FRASER: GULLEY: FRASER: • . , . • AIEll)A ITEJI 12(1)(1v) -SEPTENIER 11, lttl lflMIN'S INQUIRY MOUT TREES AT TROLLEY SQUAllE THERE lfERE OVERTURES MADE TO THE FOLKS REPRESENTING THE PROPERTY DOWN THERE THAT lfE lfOULD WORK 111TH THEM TRYING TO COME UP 111TH A CONCEPT PLAN. MY UNDERSTANDING IS THAT THE DEAL THEY lfERE WORKING ON 111TH RESPECT TO THAT PROPERTY HAS NOT GONE THERE AND THAT THE CURRENT INTEREST SEEMS TO BE DEAD. lfE DID ADVISE THEM THAT WITHOUT AFFECTING THE MAIN MEDIANS ALONG THE PARICIIAY THAT THEY COULD MAKE MODIFICATIONS 111TH APPROVAL TO THE LAll>SCAPING RIGHT IN FRONT OF THAT PROPERTY, PARTICULARLY WITH THE THREE LARGE PINES THAT SEEM TO BE OBSCURING THE VIEW Of THAT PROPERTY. THAT THERE IIAS SOME ALTERNATE LAll>SCAPING THAT lfAS ACCEPTABLE IN THERE WITHOUT HAVING THAT HEIGHT. AND IF THEY WANTED TO DO SOMETHING 111TH THAT, THAT'S POSSIBLE, BUT AS IT STANDS AT THE DENT THE ISSUE SEEMS TO BE MOOT. lfELL, I THINK lfE NEED TO REVISIT THE ISSUE. I DON'T THINK IT'S JUST PERTINENT TO THAT ONE PROPERTY, I THINK THAT IT'S A GROWING ISSUE AMONG THE MERCHANTS ALL ALONG BROADIIAY TOO. I'VE HEARD GRUMBLINGS ABOUT IT FOR A LITTLE MORE THAN A YEAR NOii, AND I'VE ONLY BEEN ON COUNCIL FOR A MONTH. I DO THINK THAT IT IS AN ISSUE, AND I THINK IT IS A PROBLEM, All) THERE NEEDS TO BE SOME SOLUTION AT LEASE SOME FINALIZATION OF A DECISION MADE REGARDING ALL THOSE TREES. lfE'VE HAD SOME ONGOING DISCUSSIONS 111TH FOLKS FROM THE DOIICTOIII AREA, THE EDDA PARTICULARLY ABOUT IIHAT IS AN APPROPRIATE LONG-TERM POLICY FOR THAT AREA 111TH RESPECT TO THE TREES All> THE SIGNAGE AND SO FORTH. MY UNDERSTAll>ING IS THAT A PROPOSAL IS CURRENTLY BEING DEVELOPED 111TH RESPECT TO SJINME ALONG THE WY CORRIDOR THAT lfOULD ADDRESS THAT ISSUE All> CCIICEIVAILY NOT IMPACT THE TREES. AND IIE'RE NOT READY TO SHARE SPECIFICS OF THAT, IUT MY UNDERSTAll>ING IS THERE'S QUITE A BIT OF IIIIIC &0111& ON ON THAT ISSUE. HAIOIJCHT: I READ WITH GREAT INTEREST IN THE HHALD IY lltS. SHIELDS lfHO TALKED AIOUT REDIII& OR ll£PUCI11& Tll£ES Ml) I THI• THAT REfiMDLESS OF IIHAT HAPPENS UNLESS THOSE Tll£ES CD TALLER Ml) A SHORT MOIIT OF TIME, lfHJCH I 'N NO SO SURE THEY MOULD DO, THAT IT lfOULD BE APPROPRIATE REliMDLESS OF INT HAPPOIS IN TUNS OF SIINME TO SEE IF THOSE TREES WILL CONTIIU TO BE A PULEN Ml) MYBE If( COULD RELOCATE THEN Ml) REPLACE THEN 111TH LOIi LYIII& stllUIIERY THAT lfOULD BE ATTRACTIVE . FRASER: IT REALLY IS A DILENM WITH 1l£SPECT TO SIMME, Ml) OUR EXPECTATION FRAlltLY IS THAT THE TREES AIEN'T &0111& TO UOlf NUCH MORE CAUSE THEY IIERE SELECTED INTHE FIRST PUCE TO IE TREES THAT lfOULON'T &ROif NUCH MORE THAN THEY HAVE. WITH NOST Tll£ES YOU EITHER HAYE A FLAT ROOT STRUCTURE OR YOU HAVE A BALL ROOT, Ml) THE BALL ROOT IS &ENERALLY AS BIG AS THE TOP SIDE OF THE TREE, All> BECAUSE THEY IIERE PUT INTO THE CillOUND AIIOUII), WITHIN THE CCIICRETE, YOU HAD TO HAVE A TREE THAT lfOULD &ROif WITHIN A RATHER LIMITED CONFINES, All> THEREFORE YOU HAD TO HAVE A FAIRLY SMll TREE . If(, I THI•, SHARE THE CONCEIIIIS Of THE RETAILERS IN THE AREA IECAUSE THEY IELIEYE THEIR Sias Alf THEIR LIFEILOOO, All> THAT 'S IND TO ARfM WITH. BY THE SM[ TOKEN, . 1 • . . .. I. • • , - • • • r . .. ·,. - WE'VE WORKED HARD AS A COMMUNITY TO CREATE A LITTLE MORE SENSE OF GREEN FOR THE DOWNTOWN AREA, AND HOii DO WE BLEII> THOSE THINGS TOGETHER THAT DOESN'T UNREALISTICALLY AFFECT THE OPPORTUNITIES OF THE RETAILER All> AT THE SAME TINE TRYING TO MAINTAIN SOME OF THAT PLEASANTRY THAT CONES WITH A UTILE OE GREEN APPEARANCE RATHER THAN HARD BRICK AND CLAY. IT IS A TOUGH ISSUE, AND YOU'RE GOING TO HEAR OE ABOUT IT AS WE GO ALONG, BUT AGAIN, WE'RE IIORICING ON THAT. HABENICHT: I JUST IMNTED TO CCIIIENT THAT THIS IMS A SIMILAR ISSUE THAT WAS FACED BY OUR NEIGIIIOR TO THE SOUTH · LITILETON, IN TERNS OF, I DON'T KNOii IF PEOPLE HAVE EVER VISITED THEIR DOIINTOIII, BUT THEY USED TO HAVE PODS THAT IIERE DESiaEO BY FRNIC LLOYD WRIGHT AND THEY WENT TlllOUCiH All MDIIZINC IUIIER OF SESSION OVER lltETHER OR NOT TO KEEP OR GET RID OF THE PODS. THEY DID FINALLY GET RID OF THEN, AND THEIR PODS IIERE AIOUT THE SIZE OF OUR TREES, AND THEY WERE CONCRETE. CLAYTON: YES, THANKS FOR MINCINC THE ISSUE UP BECAUSE I DID HAVE AN IDEA I IMS GOINC TO PUT CII E-MIL, IUT I'll JUST SU5GEST IT NOii. AND THAT IS INTEVER WE DO DOIII THERE Al-THE OLD CO.UT-TO-CO.UT, 11£ OUGHT TO CCIISIDER TMINC THAT IUS STOP-, DINC IT FURTHER DOIII THE SIDEIW.l. THAT WOUlO IE A Mm IIIIDENENT, I THI•, FOR THE FOLKS TRYINC TO SEE THAT •nLDINC. HATHAIIAY: -, FOR THE TRAFFIC. CLAYTON: AND I THI• THERE'S PLENTY OF 1011 CII THE, THERE'S NO TUM OUT THERE FOi IUSES AIIYIIAY, -, IF 11£ JUST D£O IT AIOUT 50' FURTHER DOIII RIIHT UP AGAINST THEIR IUllt IMLL THAT MOUl.D REALLY INPROVE IT AND THO MYIE TAKE OUT A ccat.E OF THO$( PINE TREES, REPLANT THEN SCIEIIERE ELSE, IUT OP£N THAT UP A unu IIT. FRASER: CICAY . . I . ' ' • •, .. I· - ' ( • 0 - - • • . , . • '· AIEIIDA ITEN 12(1)(v) -SEPTDIIER 1&, lttl HATHAWAY: I'M GLAD MR. FRASER BROUGHT UP THE SIGN PROPOSAL FROM EDDA. ONE OF THE PROJECTS THAT WAS PUT IN THE EDDA'S BUDGET THIS YEAR WAS $75,000 TO LOOK FOR AN IMPROVED SIGNAGE PACKAGE FOR THE DOWNTOWN AREA, ANO TO MAKE IT A PART OF A PHASED IN APPROACH THAT MAYBE THIS TIME WE WOULD 00 BROADWAY, MAYBE THE NEXT TIME WE'D LOOK ALONG THE PARKWAY, YOU KNOW, DEPENDING, SINCE THE DISTRICT DOES GO FROM HAMPOEN AND LOGAN ALL THE WAY TO CINDERELLA CITY MD HOW 00 YOU TIE THE TWO ENOS TOGETHER, WHICH HAS BEEN ONE OF OUR CONCERNS FOR QUITE SOMETIME. I BELIEVE THAT'S A PROPOSAL THAT WILL BE CONING TO CITY COUNCIL IN THE VERY NEAR FUTURE BECAUSE IT DOES INVOLVE PERHAPS EVEN SONE RIGHT-Of-WAY, PARTICULARLY ALONG BAOAOWAY FOR THE PLACEMENT OF THOSE SIGNS, MD THAT HAS TO BE APPROVED. I ALSO MIGHT ADD THAT PART OF THIS PROPOSAL FOR THIS YEAR INCLUDES I0£NTIFICATION SIGNS AT All FOUR CORNERS OF THE OOIIITOWN AREA THAT Will BE ABLE TO BE CHANGED AS THINGS CHANGE IN THE OOIIITOWN AREA, PARTICULARLY EVENTS LIKE THE CONCERNS MD THE TUILERIES ANO WHATEVER MAY BE GOING SO VE WON'T NEED All Of THESE VONOERFUL ELEGIAC THINGS LIKE THE UTILE SIGNS ALONG HANPOEN MD THINGS LIKE THAT, THAT VE MIGHT BE ABLE TO ESTABLISH AN IDENTITY SUCH AS OTHER TOWNS LIKE ESTES PARK AND LOVELAND AND DIFFERENT OTHER PLACES HAVE BEEN ESTABLISHED FOR THEIR OOIIITOIII AREAS. THERE VAS ALSO A VERY VIGEROUS DISCUSSION ON GEORGE ALLEN'S LETIER REGARDING THE DISBAIIJMENT Of THE EDDA AND WE'RE ANXIOUSLY AWAITING THE INFOIIIATION AS TO IIIETHER THAT'S IN COUNCILS PERYIEV, WHETHER IT'S IN OUR PERYIEV, BUT VE ALSO KIND OF SUGGESTED THAT IT MIGHT NOT BE A BAD IDEA TO INITIATE SONE CCIIYERSATICII VITH THE RETAILERS PARTICUARL Y IN THAT OOIIITOIII AREA AS TO IIIETHER THEY, I GUESS, AGREE VITH THE CONCEPT OF THE EDDA AS IT STANDS RIGHT NOii, IIIETHER THEY VANT TO KEEP IT INTO EFFECT. THERE IMS DISCUSSICII TO GO AHEAD All> PROCEED VITH THE HIRING OF M EIECUTIVE DIRECTOR BECAUSE QUITE FRAll(LY THAT WOULD BE THE BEST HCILITATICII FOR THAT DISCUSSICII llf£N A DIRECTOR WOULD GET CII DID EVEN IF VE CIILY MD£ THAT A TOIPORARY POSITICII 'Tll NOii TO THE END OF THE YEAR &UARMTEED AND THEN GO FOR A FULL YEAR CCIITUCT AS OF JAIURY 1 FOR THE PURPOSE OF THIS PERSON AETTING DOIII All» IIEETING THOSE BUSINESS PEOPLE IIIICH IS A SIMILAR ACTIVITY THAT POLLY M11A DID. VE NEED A TOIPORARY DIRECTOR AT LEAST llffll THE END OF TH£ YEAR BECAUSE WE'RE BUDGETED FOR CIIE ALREADY. BULLOCK: JUST BECAUSE WE'VE GOT THE MCIIEY DOESN'T MEAN VE HAVE TO SPENO IT. HATHAWAY : WELL, THAT DOESN'T MEAN THAT EITHER, IUT THE POINT IS THAT VE CURRENTLY HAVE CIIE OFFICE, SECRETARIAL PERSON. IF YOU INT TO FINO OUT IIIAT THOSE RETAILERS INT, HOW 00 YOU FACILITATE THAT? 00 YOU INT THE BOARD OF DIRECTORS TO &O DOIII AND ASK EVERYIOOY? 00 YOU INT THAT OFFICE STAFF PERSCII OR DO YOU INT TO HAVE SONEIDOY THAT IS INDEED THE EDDA DIRECTOR TO DO THAT? BULLOCK : IIIY NOT HIRE SONEIDOY INDEPENDENT , OR SONEIDOY ... HATHAWAY : VE COULD HIRE AN INDEPENDENT CCIITRACTOR TOO, BUT THAT IN ESSENSE COST US DE THAN TH£ SAL.ARY OF THE EIECUTIVE DIRECTOR . I THI• THAT 'S ... -t - "' - ' I. • 0 , - ·~ .. VAN DYKE: I THINK THE ISSUE ... HATHANAY: THAT'S AN ISSUE THAT ... • \ • C. • VAN DYKE: THAT IN THE SHORT-TERN HAS TO BE DECIDED BY THE BOARD. HATHAWAY: RIGHT. THE SHORT-TERN DECISION IMS TO GO AHEAD AND LOOK AT HIRING AN EXECUTIVE DIRECTOR. BULLOCK: A DIRECTOR WOULD HAVE A VESTED INTEREST IN PERPETUATING .... HATIWMY: NOT NECESSARILY. lflCGINS: (CAN'T HEAR HIS CCIIENTS) HATIWMY: lfELL, I DON'T ICNDlf If lfE'LL CET ANYIOOY HIRED BEFORE THE END Of THE YEAR, BUT THE POINT Of THE MTTER IS THERE ARE 55 APPLICANTS THAT lfE DO OlfE SCIIE CCIISIDERATION TO, BECAUSE THIS CME 1'HROU&H THE PIKE AFTER THAT CLOSING, MELL AUl>ST TO THAT CLOSING IMTE. THE CLOSING IMTE IMS AUCUST 30TH. THIS P110POSAL CME D0111 TH£ PIKE RIGHT A80UT TIMT TINE. SO, YOU ICNDlf, I THI• IIE M TO AT LEAST THEN TELL THEN TIMT YES lfE'VE CCIISIDER£0 THIS, IIE'IE NOT COINS TO HIRE AN EXECUTIVE DIRECTOR OR WE All£. SO THE DECISION CME D0111 THE PIKE WT lfEllfESIMY TIMT WE lfb£ &CUNG TO CO AHEAD AND PIOCEm HIRING A DIRECTOR. 111TH A CCIITRACT. TIMT'S AIJMYS HM A SIX 1111TH REVIElf CLAUSE ON IT AIMMY. SO If WE lfb£ TO CET SCIUODY ON 1CW1D AS Of NDVDIIER 1ST WE COULD TEINIMTE THEIi MY 1ST. SO. SEE INT I 'N SAYING? IT'S ALWAYS HM A SIi flllTH 1£¥1£11 PERICI) ON IT AIMMY. PART Of THE STAIIWI, CCIITUCT. I DON'T FORESEE ANYTHING tMPPENING TIMT QUICKLY, AND I STILL MVE NOT SEEi A LECAL OPINION AS TO IIIETHER IT'S CUI PERVIElf TO ICILL THE £DIM OR IIIETHEI IT HAS TO ICILL ITSELF. SO. JUST TNOUIINT 1 'D •1• D .. TO IMTE ON TIMT SOIT Of THI.. IT IS A Nlat TOPIC Of DIMTE, AND QUITE fMIIICl Y THE IASIC FEELING IS TMT If llll(Q) lNDSE 11E1Ci1111Js .... , INT US TO EXIST MWDil, THEN IIIY S1DU ME EXIST? IUT ME AUD ..... TO MVE - Of THE 8T fOCAL NEMllS Of TMT ._, CC111111n 11M1ED U11Y COl.DWI DOIII THOE AT U NEETI• 1111) STATED TMT HE'S 1(£1 ONE Of U OPPOSITION F• A L-TINE IUT TIMT HE IIOESl'T SEE US DIS1AND1• nno. so IT 111u • • IIITEJl(ST1• D1scuss1a MIiie THE NElCNMTS l'N SUIE. • JO • "' - • . I . ' . ' ' I. • • t #)t"Jj I ]- - • • • I~ • <. AIEIIDA ITEII 13(A) -SEPTEIIIER 11, 1991 DERELICT/HOBBY VEHICLES ,. VAN DYKE: ONE THING THAT OCCURRED, IN OUR STUDY SESSION WE DISCUSSED POSSIBLY AMENDING THE ORDINANCE ON DERELICT VEHICLES. WOULD ANYONE ON COUNCIL WISH TO ADDRESS THE PARAMETERS OF THAT CHANGE? HATHAWAY: DO WE NOT WANT TO DIRECT THE DRAFTING OF A RESOLUTION? VAN DYKE: ... FRASER, ARE YOU WILLING TO ADDRESS THE TWO POINTS? I CAN DID OUT MY MATERIALS, BUl I FIGURED YOU NIGHT BE .... FRASER: NAVOR, THERE WERE TWO POINTS DISCUSSED DURING THE STUDY SESSION. ONE WAS THAT IN THE EVENT THAT A PROPERTY OWNER WITH A VEHICLE WHO, IIIICH NET THE QUALIFICATIONS OF DERELICT CAME TO THE CITY All> SPECIFIED THAT THEY WERE WORKING ON THE VEHICLE THAT THEY WOULD BE GRANTED A ONE-TINE SIX-NONTH WAIVER OF THE ENFORCENENT OF THE FEE REQUIRENENTS FOR THAT ORDINANCE, Mil AT THE ENO OF SIX MONTHS THEY WOULD B£ REQUIRED TO EITHER HAVE THE VEHICLE OFF THE PROPERTY OR HAVE IT REPAIRED All> OPERABLE Mil LICENSED ANO SO FORTH OR PAY THE $100 STORAGE FEE. THAT WAS OUR RECCIIIENOATION. THE OTHER PIECE TO THAT, IIIICH DOES NOT REQUIRE AN ORDINANCE CHANGE, WAS THAT WE EXPAII> OUR ADNINSITRATIVE POLICY MITH RESPECT TO TOIIING All> RENOVE VEHICLES FIUI THE CITY IIIETHER WE TOOK OIIIERSHIP OF THEN OR NOT. ANO I THINK IT WAS THE CITY ATIOIIIEY'S OPINION THAT THE FIRST PORTION OF THAT PROPOSAL WOULD REQUIRE AN MEIJNENT TO THE ORDINANCE. VAN DYKE: THANK YOU FOR THAT SIIIWlY. FRASER: NAVOR, I DON'T THINK THAT IT'S NECESSARY THAT COIIICIL PASS A NOTION TO DIRECT US -AH, IT IS MY lll>ERSTAll>ING IN THE ABSENCE Of DIRECTION FIUI YOU TO THE cmmARY THAT WE PREPARE AN MEIJNENT ALONG THE LINES THAT WERE PROPOSED IN THAT DISCUSSION. VAN DYKE: THAT'S MY lll>ERSTAll>ING. NATNAMAY: YOUR HONOR, COULD 1 EIPAII> ON THAT A UTILE IIT? IT IMS ALSO REQUESTED THAT WE SEND A COPY Of THE PROPOSALS, All> PARTICULARLY THE RECCIIIEll)(D PROPOSALS TO All Of THE PEOPLE IIIO SPOKE BEFORE CITY COIIICIL REGARDING THIS ISSUE Mil ASIC FOR THEIR IIIIUT AS TO IIIETHER IT WORKS FOR THEN, DOESN'T MORI FOR THEN, All> MORI ON THAT MEIDIENT AS SUCH . FRASER : NAVOR? IF THAT IS THE DESIRE OF COIIICIL I IIOUlD PROPOSE THAT WE PREPARE A LETIER TO IE SENT OUT IY STAFF EIPLAIIING THE ACTIONS OF COIIICIL Mil ORDERING A DRAFT OF THIS Mil THAT WE IIOUlD ALSO LET THEN KNOii 111£1 THIS ISSUE IMS BEFORE COIIICIL FOR FOINL CONSIDERATION. ANO SOLICIT THEIR INPUT II THE NEMTINE. NATHMIAY : I WOULD APPRECIATE THAT . VAN DYKE: SOUNDS GOOD . • 11 • . . ...-.-----..... .. I. • 0 , - • • . " • (. HABENICHT: I THINK TOO, AS VE VERE DISCUSSING THIS ISSUE, WHILE THERE WAS GENERAL CONCENSUS THAT THIS VAS A GOOD WAY TO PROCEED AT THIS POINT IN TIME, THAT THERE VAS NOT GENERAL AGREEMENT THAT THIS VAS PARTICULARY THE POINT OF SOLUTION TO THIS. CLAYTON: YOUR HONOR, I WOULD ALSO LIKE TO EXPLORE SCIIE METHOD OF ADMINISTRATIVELY AVOIDING HAVING A CODE ENFORCEMENT OFFICER SEEK OUT VEHICLES THAT ARE CCIIPLETELY COVERED All> APPEAR TO OTHERWISE BE OPERABLE All> IN CCIIPLI-E. YAN DYKE : THAIIC YOU. HATHAWAY: DOES THAT COYER INCLUDE SIX FOOT FENCES? YAN DYKE: I THI• SO. BULLOCK: SHOULD BILL'S SUGGESTION BE KIii> Of VAY A POLICY OR PRESUMPTION, AS OPPOSED TO BEING A FOIIIAL ISSUE DRAFTm? YAN DYKE: I THI•, IF I MAY INTERJECT, MY SOIS( IS THAT M. 1M111SH IS GOING TO STil>Y A VAY Of INPLEMENTING HIS SUCCESTION All> •ING IT BACK TO COUNCIL FOR REVIEW. THAT'S MY UNDEISTAll>Illli. MOULD THAT BE CORRECT, M. FRASER? FRASER: CERTAINLY. WE'LL LOOK AT IT THAT MAY. IN TEIIIS Of M. CLAYTON'S SUGGESTION, I 'N NOT EXACTLY SURE NT OUR OPTIC*S ARE 111TH RESPECT TO THE CURRENT LAN&UASE Of THE CODE, BUT AS 11£ CONE BACK 111TH A GE FOIIIAL RECCIIIEDTION FOR THIS MEIIIIENT, IIE'LL TRY TO CLARIFY THAT ISSUE AS WELL. • 12 • . ' •. " I. • 0 I __ I ]- - DEWITT: • • ,. • AGENDA ITEII 14(8) -SEPTEIIIER 11, 1991 YOU'VE HEARD ABOUT THE ISSUE WITH NATIONAL LEAGUE OF CITIES. I'VE SAID IT'S OUTRAGEOUS. I DON'T KNOW OF ANY OTHER APPROPRIATE WORD THAT COULD BE ATTACHED TO IT. I DON'T THINK THE ISSUE IS DEAD. I THINK THE ISSUE IS VERY MUCH ALIVE, AND NOW IS THE TIME TO CALL ANYBODY YOU KNOW IN THE NATIONAL LEAGUE OF CITIES AND COMPLAIN ABOUT THE INACTION OF THE NATIONAL LEAGUE OF CITIES ON THE LEGISLATION. AND I THINK YOU HAVE TO COMPLAIN ABOUT STAFF. I THINK YOU HAVE TO BE VOCIFEROUS ABOUT IT, AND I DON'T THINK YOU SHOULD HOLD BACK ANY PUNCHES. I THINK THAT THE GANTLET HAS BEEN LAID DOWN AND THERE SHALL BE SO SURVIVORS IN THIS PARTICULAR SITUATION. AND IF THIS DOESN'T CONE THROUGH, IT'S OVER WITH. THE BALL GAME IS DONE. CONGRESS DOESN'T CARE TO DEAL WITH ISSUES THAT CONE BACK AROUND, YOU KNOW, THEY KIND Of HAVE THAT STENCH OF, YOU KNOW, AN OLD DEAD BODY. THEY'RE NOT INTERESTED. WE HAVE SOME FRIENDS HERE. THANK TIM WIRTH. THANK HANK SCAGGS. THANK THESE PEOPLE BECAUSE THESE PEOPLE ARE STANDING UP TO TREMENDOUS QUANTITIES OF HEAT FROM VERY POIIERFUL PEOPLE. NOT THE LEAST OF WHICH IS COURT, AND YOU KNOW, AS AN ASIDE, WHEN WE'RE AT THE MEETING, LINDA NORTON, WHO'S COUNSEL OUT IN LAKEWOOD INDICATED THAT SHE'D MET TIM WIRTH AT A MEETING· WHY DOES SHE ALWAYS MEET THESE IMPORTANT PEOPLE AT THE MEETINGS SHE GOES TO? WHEN I GO, THERE'S SOME ROMER'S THERE (LAUGHTER), YOU KNOW WHAT I MEAN. BUT ANYWAY, BE THAT AS IT MAY, HE SAID, •&00, IF I HAD REALIZED THE PROBLEMS THAT THIS WOULD HAVE CAUSED NE, I MIGHT NOT HAVE SPONSORED THIS LEGISLATION.• HATHAWAY: BUT HE DION'T WITHORAII IT. DEii i TT: WELL, HE HASN' T WI TtlJRAWN IT. HATHAWAY: YET. DEWITT: All> THE THING ABOUT IT IS IS THAT CAn. ICOHIZEII IIIUCATm IN THE SUICOIIUTTEE NEETUC THAT IT HAD IEEII WITHDUIII Ml> THEY PIDIIPTLY FOl.LCMD UP WITH IT THAT IT HAS ll>T IEEII WITHDUIII 8Y THE SPCIISOR. SEIi> HIN A THANK YOU LmER. HE •ms THAT EITRA PUNCH H[R( IOI AT THE PRESENT TINE TO, YOU ICIOI, HELP HIN OUT. YOU SEE HER£ THE STANDARO LmER THAT WAS SEIIT TO EVERY SIICLE PERSOII IN> HAS INQUIRm ON THE ISSUE. THIS OIi( HAPPEIIED TO IE RECEIVED BY *°' IN> HAD BEEN IN TOUCH WITH THOI. THEY R(CEJVm IT, THEY FEEL IT IS A VERY POSITIVE LETTER. COUNCIL PERSOII CLAYTON HAS A PIIOllEN WITH PAGE Z PARAGRAPH I. 11£ CM IWl>l.E THAT. WE CM OW. WITH IT. GREGG THIJCS THAT IT'S A TYPO IN TH( WT SEIITEIICE. THE PIIOllEN IS THAT IT 'S SEM TI CS. All> YOU ME OW. IN& WI TH QUANT ITV, QUANT ITV OF WHAT, All> I THINK THE LETTER IS PIIJIAILY ACCURATE FOR THOSE OF US IN> ARE FMILIAR WITH THE SUBJECT, IUT WE 'LL CLARIFY THAT AS 11£Ll. VAN DYlE: M. DOUTT, DO YOU THINK IT IOILO IE .,,.,..IATE TO ORCHESTRATE SOME LETTERS OUT OF YCUt OFFICE SPECIFICALLY TO THE lll>IVIDUALS THAT HAVE SUPflORTEO, HNI SAY SPECIFICALLY ll>T SO NUCH A &ENERIC LETTER BUT NORE SPECIFICALLY TO HOii THEY IIIOTE TO US . OOIITT : SUR£, SURE, YOU BET .•. . u . ' ' I. • • , - • • . " ·., • ~- VAN DYKE: AND ALSO I WOULD LIKE TO SUGGEST THAT VE WRITE ANOTHER ONE TO CATHY REYNOLDS THANKING HER FOR HER SUPPORT ANO PERHAPS COMMUNICATING TO HER OUR DISAPPOINTMENT IN THE E.E.N.R. COMMITTEE RESULT, ANO CAROL KOHIZEN'S BEHAVIOR. DEVITT: ANO THERE ARE A LOT OF PEOPLE HERE LIKE NORTHGLENN VHO SENT A VERY GOOD LETTER, THEY'VE BEEN VERY SUPPORTATIYE, ANO, YOU ICD, IIE'VE GOT A LOT OF FRIEll>S OUT THERE ANO IT'S REALLY DISAPPOINTING IIIEN YOU HAYE AN ORGANIZATION THAT REPRESENTS YOU, REPRESENTS YOUR INTERESTS, NOT JUST US -100 OTHER CITIES -ANO THEY CAN'T CCII£ UP TO THE PLATE ANO DELIVER. • 14 • . .. •. .. I. • . ,. • 0 - l • • ,. • " • MElllA ITEII 14(C) -SEPTEIIIEI H, 1111 DEWITT: ON ANOTHER FRONT, OUR INSURANCE LITIGATION CONTINUES. RIGHT NOW WE'RE CONSIDERING FILING A 'l)TION FOR SIIIIARY JUOGNENT. WE'RE WORKING ON THE DETAILS OF IT, BUT I IIMT TO HNI> YOU OUT AN ARTICLE THAT WAS IN TODAY'S WALL STREET JOURNAL ON THE SUBJECT ANO ANOTHER BIG CASE IN THE NATION THAT INSURORS HAVE TO PAY FOR LOWRY TYPE LIABILITY. IN THIS PARTICULAR CASE, JOIII H. GROSS IS A LAWYER FOR lll>EPENOENT PETRO CHEMICAL WHO HAD AN INSURANCE POLICY ANO THE LAW FIIII THAT JOfll GROSS IS WITH IS THE SME LAIi FUii THAT WE'RE USING II THIS PARTICUALR LITIGATION Nl>ERD Kill OLICK l OSHINSKY (ED JOYCE) All> THEY WERE SUCCESSFUL IN THIS PARTICULAR CASE ANO THEY'RE ESTABLISHING LAIi AROUII> THE COUNTRY ON THIS ISSUE. All>, THE LAWS ARE STILL NIXED, BUT AT LEAST IN COLORADO WE HAVE NO. 1 THE RESPONSIBILITY OF THE INSUltANCE CARRIER TO PAY FOR DEFENSE COSTS, NI> WE'RE IIOIIKING ON NO. 2 THAT IS THAT THEY HAVE TO PAY FOR THE DEFENSE COSTS. THAT HASN'T BEEi DECIDED. SO, FOR COUNCIL I WANT YOU TO TAKE NOTICE THAT WE HAVE EXPAll>EO THE SIZE OF THE PRINT FROM THE IIOINl MALL STREET JOUR11AL PRINT II THAT WAY, WE'LL BE ABLE TO SEE CLEAR All>THER DAY. "'~ • . . ., . .. I. • 0 , I ]- • • DEWITT: • • • .. AIDl>A ITEII 14(E) -SEPTEIIIER 16, 1991 THE LAST SUBJECT HERE IS THAT THERE'S BEEN SOME DISCUSSION ABOUT SENDING A LETTER TO THE CITIZENRY CONCERNING SUPERFUNO. THIS IS IN THE BILLS. ANO THAT'S HANGING IT OUT THERE, I WANT TO GIVE YOU PROBABLY BY E-MAIL THE PROVISIONS THAT, THAT LAKEWOOD SENT OUT, ANO SINCE THIS IS GOING TO GO TO YOUR CONSTITUTENTS AS WELL AS CONSTITUTENTS OUT IN THE COUNTY YOU SHOULD BE AWARE OF THIS, YOU SHOULD HAVE SOME FEEL FOR IT. CAUSE IT IS VERY POLITICALLY BASED, ANO YOU NEED TO HAVE CLEAR DIRECTION, WE NEED TO HAVE CLEAR DIRECTION FROM YOU. VAN DYKE: CAN I TAKE A PEAK AT THAT? DEWITT: YEAH. THERE'S IS PRETTY MILK TOASTED COMPARED TO WHAT WE COULD 00, BUT IT DOES RAISE THE SUBJECT. VAN DYKE: IS THERE SOME VALUE, MR. DEWITT, THIS IS JUST A SUGGESTION, FOR ACCE TO CONE UP WITH SOMETHING LIKE THIS FROM ALL THE CITIES TO SEfl> TO NLC? DEWITT: RIGHT NOW ACCE IS STILL REELING FROM THE ROAD BLOCKS THAT HAVE BEEN PLACED BY NATIONAL LEAGUE OF CITIES All> I ANTICIPATE HAVING SOME DISCUSSIONS WITH THEM ON TUESDAY ON THE SUBJECT. VAN DYKE: I'M JUST NOTICING WHEN YOU TALK ABOUT 90 LOCAL GOVERNMENTS ADDRESSING THE SUPERFUND ISSUE WITH REGARD TO SEWAGE SLUDGE, CLEARLY ACROSS THE UNITED STATES WE COULD TALK ABOUT HUNDREDS OF MUNICIPALITIES PERHAPS. I'M JUST, IT'S JUST A THOUGHT. DEWITT: WELL THE PROBLEM WITH SEINE SLUDGE, GENERALLY SEWAGE SLUDGE HAS SONE CONSTITUTENTS THAT AREN'T VERY NICE. OUR SEWAGE SLUDGE IS VERY CLEAN, IT'S EXCEPTIONALLY CLEAN, BUT WE'RE A RARE BIRD. OTHER, OTHER DISTRICTS All> OTHER ENTITIES WON'T QUALIFY. SO, YOU DOIi, IT DOESN'T HAVE IIJCH IEIIEFIT FOR THEN. CLAYTON: I WAS GOING TO SAY YOUR HONOR, THAT THERE'S A MUNICIPAL INITIATIVE, All ISSUES INITIATIVE IN NOVEMER, PARDON ME, OCTOBER 11TH TO DISCUSS SUPERFUIID . EPA'S GOIN& TO USE THIS AS All OPPORTUNITY TO EIMINE CNAIIGIN& THE SETTLEMENT POLICY MD WE'RE STILL QUITE CONCERNED THAT ALTHOU&H SEINE SLUDGE IS ON THE AGED THAT THEY'RE SUl>LY GOING TO DROP IT OUT OF THE SETTLEMENT POLICY BECAUSE OUR SLUDGE IS JUST A llllQUE ISSUE Fa COLOUDO, IT'S JUST NOT A NA TIOIIUDE ISSUE THAT VE CAIi 6UI NtOLD OF . AS FAR AS NLC , I TH INK THAT THIS EENR CCIIIITTEE MEETING JS GOIN& TO BE A FREE FOR All. I THINK THERE 'S GOING TO BE A IIIOLE llllCH OF CITIES THERE, REALLY UPSET, MAD AS HELL , MD I DON 'T THINK, THEY NAY COME OUT OF THIS OF THIS WITHOUT SUPPORTING THIS IUT I THINK THAT CCIIIITTEE JS GOING VAIi DYKE : OH, INT I 'M THINKING INSTEM> OF IMJTJN& TO THAT POINT , IS THERE SON[, SONE MERIT IN THOSE CITIES COLLECTIVELY lllJTJN& A STROii& STATEMENT TO NLC STATING THEIi DISSATISFACTION WITH THIS OUTCONE OF THE LAST MEETING? • 16 • ~ , . , r •. .. I . • , -• • I• • . ' <. CLAYTON: I THIIIC 11£ COULD DO THAT, BUT WE HAVE AN OPPORTUNITY TO AMEND THE NATIONAL POLICY AT THE DECEMBER MEETING ... VAN DYKE: I AGREE ... CLAYTON: All> lltEII WE DO THAT CAROL KOHIZEN WILL HAVE NO ALTERNATIVE. HER REASCIII"' FOR ll)T SUPflORTING THIS IS THAT IT'S ll)T SUPPORTED BY THE NATIONAL POLICY Of NLC, THE BYLAIIS SAY THEY CAN'T LOBBY EXCEPT WHEN IT 'S ll)T SUPPORTED BY THE NATIONAL POLICY ••• VAN DYKE: I UNDERSTMID THAT, THAT All THAT SEDIS TO GO AGAINST THEIR CHARTER RUiULATICIIS, BUT WHAT NAIii MOULD THESE CITIES, YOU KNOii, HAVE IN CREATI"' A LITTLE TUIIIDIL D BY MKING A STRONG STATENENT COLLECTIVELY? CLAYTON; 11£ CM DO THAT, BUT WE CM REALLY DO IT IN PERSON IF 11£ GET IN THAT ROOM All> CAROL ••• VAN DYKE: BUT IIHAT I 'N SUGGESTING, I GUESS IIHAT I 'N NOT CCIIUIICATING, IS THERE A POSSIBILITY THIS LEGISLATION COULD DIE EVEN BEFORE YOU GET INTO THAT ROON? CLAYTON: NO, I DON'T THIIIC SO, BUT ••• DEVITT: I, I, SEE, I DISAGREE WITH COUNCIL PERSON CLAYTON. I THIIIC THAT IF IT DOESN'T GO BEFORE JAIIIARY 1, BEFORE THE HOUSE ADJOURNS FOR CHRISTMAS, IT'S OVER WITH. THOSE CALIFORNIA CITIES ARE GOING TO TRIAL IN THE EARLY PART OF NEXT YEAR. THAT LEGISLATION, IF IT DOESN'T PASS D, IT'S NOT GOING TO BE Of ANY BENEFIT TO THEN. THEY'RE THE BIGGEST PERCENTAGE OF THE 100 CITIES, D, NOT JUST 90, BUT A HUll>RED, All> IIIEN THEY'RE GONE THE OIES GONE, THE INITIATIVE JS GONE All> THEN IT'S ONLY IUMING •I1>G£S. VAN DYKE: THAT'S NY CONCERN. CLAYTON: SEE, THERE'S NO ONE FOR US TO WRITE. THE CHAIIIWI All) THE PAST CHAIIIWI ON THE STEERING CCIIIITIEE ARE OPPOSED TO THE LEGISLATION. THE LOBBJEST IS OPPOSED TO THE LEGISLATICII, All) IT'S ALREADY BEEN TRIED TO CCII: DOWN FD THE TOP All) IT'S IT'S BEEN GIVEN TO THESE PEOPLE. THE ONLY WAY WE'RE GOING TO GET IT THIIIOUliH IS TO GO IN NI> CHANGE THE NATIONAL POLICY AT THE CCIIVENTJON All> THEN DOWI> THAT THEY WRITE A RESOLUTION. VAN OYKE: I UNDERSTAND All> RESPECT THAT CIIE ON ONE TYPE OF OFFENSE, AND THAT 'S GOOD. CLAYTON: THERE'S NO ONE ELSE REALLY TO ••• HAIENICHT: I THIIIC IF YOU CM CONE WITH DIFFERENT FUNKS, I TNIIIC, TO DO THAT, All> I SUPflORT YOUR SUGGESTION., AND I THIIIC THAT I IIOUlO LIU TO RECCIIEI> THAT YOU All) IILL All) M. DEWITI All) MY Of US IIIO ARE WILLING TO PARTICIPATE IN THAT HELP TO MUSTO THAT EFFOIT. I WAS ALSO WONDERING IF IT NIGHT BE APNOPIIATE, I IODI THAT YOU ATIDl)[D THE COUNCIL Of MAYORS PaRM, THAT THAT MYOI ISM:l 1110 MAS INDICATED TOM . CLAYTON THAT HE WAS IN SUPfiOIT AT QI., PENPS • 17 • "' - ' I. • , - - • • • • • •, THIS GROUP MIGHT BE ENCOURAGED TO LOOK FAVORABLY UPON OUR ISSUE AND VAN DYKE: CONFERENCE OF MAYORS? HABENICHT: YES. VAN DYKE: THEY HAVE. HABENICHT: OKAY, 11£ HAVE THEIR SUPPORT, MD I THIii( IIE NEED TO REITERATE THAT AND REITERATE THAT TO NLC. VAN DYKE: I THIii( ACCE IS OOINli THAT, MD NY FURTHER STRATEGY IIAS KIii) OF PLAYING OFF THIS, IF IT HAS NERIT. HABENICHT: l'D SUPPORT THAT. DEIUTI: SEE, l'M IIORKING 111TH THE DICOC OIUIIIZATION, l'M ALSO IIORKING 111TH THE NATIONAL INSTITUTE Of IUICINL LEW. OFFICERS ON THIS ISSUE, TRYING TO GET THEN a1uzm. TN( PIOILEJI IS THAT ACCORDING TO CONliRESS THEY INT THE MTICIIM. LE.MU( Of CITIES, TH£ CONFERENCE OF MYORS, MD ANOTHER OIUIIIZATION THAT HAS EIIJORSm IT, THOSE ARE THE ONES THAT THEY NEm. THEY NEm A IIID'S 111D Of IUICIPAL GOVERIIDT. THE OTHER PEOPLE AR£ ON THE FRIIICES. IT'S LIKE US, IT'S NICE, IUT THEY IMIIT THE 1111W) IASm IOOIES TO GIVE THEIR IMPRCll>TER TO THIS PMTCIUUR LECISLATION, MD IT'S AISOLUTELY APPALLINli THAT THEY MSSED a. THIS 110NDERFUt. OPIIORTIIUTY TO GIVE US SCIIE SIGN I FICMT SUFfORT. CLAYTON: YOU KIIJII, THE OTHER PIOILEII IS 11.C POLICY IS liOIOALLY KIii> Of ALL EIICONPASSINli. IT SORT Of NMCES EYtRYIODY FEEL IOCID, IMIII, MD FUZZY, MD THIS TINE, IT DO(Sl'T. CMISE ME'YE 80T SG1E CITIES IIHOSE INTEREm ARE DIFFODIT TNM THE 11£ST Of US. -, IT'S A 11W. CCIITDITJOUS ISSUE. MD THEIi ME'¥£ IDT EIIVIIDIIDTALISTS IN NLC 111D ARE IIW.LY OPPOSm TO MYIDDY ,an• OUT Of THIS STUFF. VAN DYKE: IIELL, ... DElflTI, THMU FGR TN( UfllMTE. ME'LL STAY CII TOP, l'M SURE. • II · ,. -. , •. - • I. • 0 ]- • • • • .. EIIILEIIOCID c1n COIIICIL Ellll.EIIOCID, AIAPAHO£ CCIIIITY, COLOUDO letular Session SEPTEIIIO 11, IHI 1. Ca 11 to Order d:f I The regul1r ... ting of the Englewood City Council w1s c1lled to order by M1yor Vin Dyke 1t 7:31 p.a. 2. Invocation The 1nvoc1tion w1s given by Council Mellber Wiggins. 3. PlNfe of All .. iance The Pledge of Allegi1nce w1s led by Mlyor Vin Dyke. 4. loll Call Present: Absent: A quorua was present. Also present : 5 . llinutn Council Mlllbers H1thaw1y, Gulley, Wiggins, Bullock, Cl1Yton, H1bentcht, Vin Dyke None Ctty llaMger Fr1ser Ctty Attor11ey Dlllttt Deputy Ctty Nanager fllrttn Ctty Clerk Crow Director Hlyes, Ftna11et1l Services Director Fond1, uttltttes (a) CGUICIL ._. 111•1• .... -IT IMS sa: .. , TO ....._ TN( IIIIIITU Of 11IE 1£aUI mn• Of.,, .... J, IHI. ~es : Council Mlllbers Gulley, HathawlY , Wtggtns, Bullock, Cl1Yton , Habenicht, Vin Dyke llays: None Motton urrted. 6 . PN-KIINulN Vhtton (1) Rtch1rd £dtson, Ft" Dtvtston P1raedtc, Safety Services Dep1rt - ant , was rec:ogfltzed 1nd honored II Englewood 's [aploYff of the Month for Sept..,.r . . ( .. I. • f ,,.,. I ]- • • • • Englewood Ctty Counctl Ntnutes Septaaber 18, 1991 -Page 2 7. Non-scheduled Vtsttors There were no non-scheduled visitors. 8. Coauntcattons and Procl-ttons (a) COUNCIL IEJIIO HATIWMY MYED, -IT lfAS SECClll)ED, TO ACCEPT NOTICE OF SIDI U.LEY'S 1£s1•n• AS A IIEJIIEI Of TIE IIATEI -SEIIER IOAIID. Ayes: Council Nellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) COUNCIL IEJIIO CLAYT• NOWED, ., IT IMS SECNED, TO DECLAllE TH£ lf£EIC Of SEPTENIO 17 -23, lMl AS •casrnvn• IEEIC.· Ayes: Council Nllllbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. The procl111Ation was presented to Donna Santistevan, a rep- resentative of the Daughters of the Allerican Revolution. (c) COUNCIL IEJIIO HATIWMY NOWED, ., IT IMS SECNED, TO DECLME SEP- TENIO 21, lMl AS •1Uff1• ., FI91I• DAY.• Ayes: Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. (d) CGUIICIL IEJIIO lfl.llS NOWED,., IT IMS IIC .... , TO 1K!A1E OC- TOIO 11 -27, lMl AS ·-II-..... I. CGIIICIL'S STIIII canar TO A -FIEE calUIITY. Ayes: Council Mellbers liulley, Hath_,, Wiggtns, Bullock, Clayton, Habentcllt, Van Dyke Nays: None Motton carried. It was suggested a copy of the rroclwtton •h•I wt,11 MM! ltt1r1IM,.. ,..,,t~ed be sent to the Englewood Schoo District. 9. Publtc Neart1111 (a) CGUIICIL W HAWY NOWED, ., IT IMS SUGIID, TO ONII TNE PUii.iC NOii• TO IECElvt CITIZEI IIWr • lNE CITY'S HU P10NSED 11111n. Ayes: Council Mellbers liulley, Hatllaway, lfiggtns, Bullock, Clayton, Habenicllt, Van Dyke Nays: None Mot ton carried and public hearing opened. Evidence existed that not tee of the public hearing was published in the Englewood Ner1ld on August Z9, 1991. City Nan199r Fraser JI t J Ill ~ FRASER: . ' .. I. • )- Englewood City Council Minutes Septlllber 16, 1991 -Page 3 ·, .. • • • .. M6NAGER. I AM REQUIRED BY CHARTER TO HAVE TO YOU BY THE END OF AU'Gusl OR AT LEAST THREE WEEKS PRIOR TO THE PUBLIC HEARING A PRO- POSED T. IN THIS PARTICUALR CASE WE HAVE PROPOSED A 1992 GENERAL F ET WHICH IS VIRTUALLY THE SAME WITHIN A FRACTION OF A PERCENT DO ISE AS THE 1991 BUDGET. THAT PACKAGE HAS BEEN DESCRIBED IN AS ORM TO THE CITIZENS IN A LEAFLET THAT WENT OUT IN THE ENGLEWOOD Cl DURING THE FIRST WEEK IN SEPTEMBER. SO I WON'T SPEfl> A LOT OF DE ON THAT, BUT I WILL TELL YOU THAT THIS PROCESS BEGAN ACTUALLY IN TH RLY PART OF MAY WITH CONSIDER- ATION OF COUNCIL'S GOALS FOR THE CON YEAR AND DISCUSSION IN THE DEPARTMENTS OF VARIOUS OBJECTIVES THAT DBE IN SUPPORT OF THE GENERAL DIRECTION THAT THE COUNCIL HAS SET. N JUNE, THE DEPART- MENTS BROUGHT THEIR PROPOSED BUDGETS TO A MORE L FORM AND SUB- MITTED THEM TO MY STAFF, WE REVIEWED THOSE OVER A 100 OF T).IREE WEEKS TRYING TO REFINE OUR ESTIMATES ON REVENUES FOR T YE~AND WHAT IT WOULD TAKE TO BRING OUR EXPEfl>ITURES IN LINE WITH T. WE BELIEVE THAT THIS IS A VERY FRUGAL BUDGET, WE THIii( THAT ARE ABLE TO PRESENT TO YOU A BUDGET WHICH IS RESPONSIVE TO CONC THAT WE HAVE HEARD FROM YOU AND THE COMMUNITY AND WE SUGGEST THAT INPUT OF THE CITIZENS BE CONSIDERED THIS EVENING AND DELIBERATED THIS WEEKEfl> WHEN WE MEET ON FRIDAY AND SATURDAY TO DISCUSS THIS IN DETAIL. Mayor Van Dyke tnvtted the audience to speak to thts issue. (1) Betty Acker, 3140 South Delaware Street, asked concerning the ~jected cn· nses and tnqutred tf there were any proposed cut backs for )'01 tce and tre. Ctty Manager Fraser stated the budoet as proposed aatntatns those serv ce levels. Ms. Acker asked about Counctf 's out-of-tOIIIII .. ttngs, and she •s tnforaed that Council's budget wrksholl will be held at Jefferson County Open Space Center wtth atntnal costs. With r99ard to Ms. Acker's ques- tion about police and ftre service levels, Council Mlllber Clayton coaented that E119lewood' s ftre ISO rat 1119 has taproved froa a four to a three .-lltch basically •ans that fire insurance rates should be lower this year based on the quality of service available. There were no other c 1 t 1 zens present -"o wished to address Ct ty Counc 11 con- cern 1 ng the 1992 proposed budget. CLOSE THE PUil IC Ayes: Council Nellbers Gulley, Hath.-y, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried and public hearing closed. (b) CGIIICIL .... NAWY IMD, -IT IMS SUOIIHD, TO OPD THE Ml.IC NEMI• TO 1£C£1ft CITIZD IIIVT • THE NI-Y USO TIUST FIim. Ayes: Council Mlllbers Gulley, Hath.-y, Wtggtns, Bullock, Clayton, Habenicht, Van Dyke Nays: None • I .. I. • • , - • Englewood City Council Minutes Sept811ber 16, 1991 -Page 4 • • I• • Motion carried and public hearing opened. Evidence existed that notice of the public hearing was published in the Englewood Herald on August 29, 1991. Director Hayes, Financial Services Department, offered inforaation concerning ::/t 2.HAYES: MAYOR AND COUNCIL, GOOD EVENING. WE DID ADVERTISE THE PUBLIC HEAR· ING FOR THE HIGHWAY USER TRUST FUND WHICH HAS BEEN OUR CUSTOM. ' IT'S NOT REQUIRED BY OUR CITY CHARTER, BUT IT A FUNCTION OF THE FUNOING THAT WE RECEIVE FROM THE HIGHWAY USER TRUST FUNO THAT COMES NOSTLY OFF OF GASOLINE TAXES. THIS NEXT YEAR WE'LL BE GETTING AP- PROXINATEL Y A HALF MILLION OOLIARS AND THAT WI LL BE SPENT IN THE GENERAL FUNO PROBABLY ATTRIBUTAft THROUGH THE STREETS PROGRAM. I'M HEAR TO ANSWER ANY QUESTIONS ABOUT THAT. HATHAWAY: LORRAINE, HAVE WE HAD ANY INQUIRIES FROM CITIZENS ON HOW THAT NONEY SHOULD BE SPENT? HAYES: NO. HATHAWAY: V .. YES, BECAUSE IT HAS BE SPECIFICALLY DESIGNATED FOR HIGHWAYS WITHIN THE CITY AS OPPOSED TO REGULAR MUNICIPAL STREETS. IN OTHER WORDS, WE CAN USE IT ANYWHERE, OR DOES IT HAVE TO BE SPECIFICALLY USED ON THE HIGHWAYS WITHIN THE CITY? I THIIIC IT'S FOR MY STREETS, BUT I DON'T KNOW FOR SURE, 1 'M SORRY. THE POINT IS THAT'\ IIIERE TH£ D£Y COMES FAOM, IT COMES FOR MUNICIPAL PURPOSES. • DEWITT: HATHAWAY: ALL RIGHT. I 'N JUST CURIFYlllli THAT FOR THE CITIZENS, BECAUSE THERE 'S BEEN SCII£ CCIICE., PMTICUURLY IN PAVING DISTRICTS THAT MAYBE WE SNOULON'T BE ASSESSlllli THAT, BUT THAT'S ANOTHER WHOLE IS- SUE. THAIIC YOU. FRASER: NAVOR. TO ADDRESS RITA'S POllff THE REQUIRENENT THAT I UNOERSTAII> IT IS THE NONIES BE USED FOR ~y All> •1DGE REPAIRS AND MAIN- TENANCE. IT CAN INCLUDE RECCIIS TION, NEW CONSTRUCTION, THE RE - PAIR Of EXISTING STREETS FROM THOLE PATCHlllli TO OVERLAYS TO STRIPPING. ALL Of THOSE ACTIVITIES THAT ARE INVOLVED IN THE MAIN - TENANCE OF THAT ROADIIAY SYSTEM ARE ELIGIBLE EXPDl>ITURES UND(R THIS FUND. THE REQUIRENENT THAT IMS PASSED BY THE L~G TUR£ WAS AS A CONDITION Of THE RECEIPT Of THESE FUle$ If£ HAY O HAVE A PUBLIC HEARING TO RECEIVE INPUT INTO ITS USE All) PIIOVI EXPLANATION Of ITS USE, All> THAT'S THE PURPOSE FOR THIS . WT YEAR 11£ DID DO THEN AS ONE PUBLIC HEARlllli All> IT IECME CLEAR AFTER If£ DID THAT THAT WE PROIIABLY WOULD HAVE BEEN NORE IN COMPLIANCE MITH THE STATUTE IF WE HAD HAD TWO SEPARATE HEARlllliS . HATHAWAY: HISTORICALLY, LORRAINE OR ... FRASER, WHAT HAVE 11£ USED THE HIGHWAY USER TRUST FUND NONIES FOR? FRASER : ROAD AND BRIDGE REPAIRS, STREET REPAIRS . . . "' - .. I. • 0 , ·' , , -• • • <. Englewood City Council Minutes Septlllber 16, 1191 -Page 5 HATHAWAY: LIKE FOR EXAMPLE IN 1991, WHAT DID WE USE THEM FOR? VAN 'OYKE: A PROJECT. HATHAWAY: A PROJECT, JUST, YOU KNOW, PEOPLE RELATE IT MORE TO AN ACTUAL STREETS. FRASER: E MOST OBVIOUS EXAMPLE IS THE OVERLAYS THAT WERE DONE AND THE URRY SEAL PROJECT THAT WAS DONE IN THE VICINITY OF CITY HALL AND E~ EWHERE. THOSE ARE TIIO IMMEDIATE EXAMPLES. HATHAWAY: THE INT I'M TRYING TO NAICE IS THAT THERE'S BEEN S<IIE INQUIRES FRCII !lfE CITIZENS BASED ON THE FACT THAT THEY KNOW THEY'RE PAYING THIS ,~GAS TAX AND THAT, PARTICULARY IN PAVING DISTRICTS, THAT IN ESSENSE THEY'RE PAYING FOR IT TWICE. BUT NO MONEY FRCII THE HIGHWAY USER TRUS{ Flll>S GO INTO A PAVING DISTRICT, CORRECT? FRASER: LET ME EXP IN THAT WHAT THESE MONIES GO FOR ARE THOSE PARTS OF PROPERTY 1111 ARE PARTS Of THE IIOMJWAY SYSTEN IIIICH ARE THE CITY'S RESPONSBILITY OPPOSED TO THE RESIDENT'S RESPONSIBILITY. AND S<IIETIME BACK N WE ESTABLISHED THE DISTRICT PROCESS, EACH RESI- DENT WAS TO BE SESSED A CERTAIN PORTION Of THE COST TO BRING THOSE STREETS UP CITY STAll>MD All> NO PERSON HAS BEEN ASSESSED FOR THAT TWICE. TH ONLY TINE THAT PEOPLE GET ASSESSED IN AN IN- PROVENENT DISTRICT A THIS POINT IS IF THE PROPERTY THAT FRONTS, OR THE STREET THAT FRONT~ ON THEIR PROPERTY HAS NOT PREVIOUSLY BEEN BIIOUCiHT UP TO CITY CODE. All) THEY PAY FOR THE INCRENENTAL COST OF •INGINCi THAT STREET UP Tb CITY COD(, THEY DO NOT GET CHARGED FOR TH( GENERAL THIIIIUCH I.MES, lNEY DO NOT GET CIWICED Fmt TH( ARTERIAL STREETS, THEY DO NOT CET CHM5EO Fmt THE MINTEIIAIICE Of THAT STREET AFTER THE INITIAL CCIISTRUCTlca. THAT All CONES OUT Of THE GENERAL TAX DOLLARS. HATHAIIAY: Of IIIICH THE IIITF IS PART Of. FRASER: THAT' S PART OF IT. HATHAWAY: OKAY. THANK YOU. VAN DYKE: .. S. HAYES, THE MOUNT Of APPIIOIIMTELY A HAlF-NILLION DOLLARS, HOW DOES THAT CCIIPARE WITH LAST YEAR mt HISTORICAl.LY? IS IT THE SME? HAYES: IS IT IMPROVED? IT TENDS TO REMAIN AIOUT THE SN1E FRON YEAR TO YEAR BECAUSE IT'S BASED ON POPULATION All) IT'S DISTRIIUTED ON THAT BASIS. VAN DYKE: OKAY .... BULLOCK. BULLOCK: CAN WE USE THIS MEDIAN WORK? HAYES: I BELIEVE THAT WE CAN, YES. ' l " • I. • 0 , - • • • • Englewood City Council Minutes Septeaber 16, 1991 -Page 6 VAN DYKE: YOTHER QUESTIONS FROM COUNCIL? All RIGHT, AT THIS TIME •.•• OH, 'M SORRY. TIM. BULLOCK: THE PROBABLY A CERTAIN MOUNT THAT HAS TO GO TOWARD CORE ACTIVI- TIES, TANOARD MAINTENANCE ANO SO FORTH. IS THERE ANY TYPE OF A DISCRE Y MOUNT THAT WE TYPICALLY HAVE OVER ANO ABOVE THE CORE MOUNT N ED FOR NECESSARY MAINTENANCE ANO UPKEEP OF THE STREETS ON A YEARL SIS? HAYES: ARE YOU ASKING E IF THIS IS OUR ONLY SOURCE OF FUNDS FOR STREET MAINENTNANCE? BULLOCK: NO. I'M MAKING THE £SUMPTION THAT A CERTAIN PORTION OF THIS GOES FOR CORE MAINTENANCE. S THAT INCORRECT. IT'S NOT REQUIRED BY STA E. YOU CAN USE IT FOR ANY PURPOSE AS ROGER EXPLAINED EARLIER. MARTIN: BULLOCK: HAVE WE TRADITIONALLY USED A CE IN MOUNT OF THIS FOR CORE MAIN- TENANCE? OR All OF IT PERHAPS? FRASER: I THAT AS WE LOOK AT THESE Flll>S VI GONE INTO MAINTENANCE OF THE INFRAST MEDIANS FOR EXMPLE GETS INTO SCIIE C UTED QUESTICIIS BECAUSE fl)ST OF THE MEDIANS THAT WE HAVE DIFFICUL S IN TERNS OF THEIR APPEARANCE ARE ALREADY STATE HIGHWAYS. All>, THERE'S A QUESTION AS TO llfETHER OR NOT IT MOULD IE APPROPRIATE USE THE HIGHWAY USER TRUST FIii> DOLLARS FOR MIITEJWl:E Of THE ST SYSTEM. THAT NIGHT GET US INTO A QUESTICII, IUT IIE'D HAVE TO RES H THAT, l'M ONLY SPECULATING THAT THAT'S SOIIETHING WE'D NEED TO L AT. Ayes: Council ..._rs Gulley, Hathaway, Wtggtns, Bullock, Clayton, Habentcht, Van Dyke Nays: None Motton c1rrted and publtc heartnt closed . 10. All,roval on S.CO... leNtnt COIIICIL .... UJ.OCI IMID, -IT IMS IRIIIID, TO AfflOft • SKa llaD-•• MED ITDI 10 (a): (1) ORDINANCE NO. 54, SERIES Of lfll (COUNCIL BILL NO. 59 INTRODUCED BY COIIKIL NE .. ER CLAYTCII), ENTITLED: I. • , - Englewood City Council Ninutes Septeaber 11, 1111 -Page 7 . ' • • • AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY BEING COM- MONLY REFERRED TO AS THE GREENHOUSE ANO LOCATED AT 2540 WEST UNION AVENUE, ENGLEWOOD, COLORADO. ~es: Nays: Motion c1rried. Council Mellbers Gulley, Hathaw1y, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 11 . Ordinances, ... o 1 ut 1ons and IIDt ions (a) Director Fonda presented a rec0111endation froa the Water and Sewer board to adopt a bill for an ordinance approving two license agr .... nts sub- aitted by Cherry Hills Village for the construction of a 1• water line. Mr. Fonda explained the agreements peraitted the crossing of the City Ditch in two areas. The City Clerk was asked to read Council Bill No. 57, entitled: COUNCIL BILL NO. 57, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE APPROVING A LICENSE AGREENENT BETWEEN THE CITY OF EN- GLEWOOD ANO CHERRY HILLS VILLAGE FOR THE CONSTRUCTION OF A SIX INCH WATER LINE BY CHERRY HILLS VILLAGE CROSSING THE CITY DITCH IN TWO AREAS. COUIICIL IIElaEll U LOCI .... -IT IIU BCWD, TO ..... MIEaA ITEII ll(a) -COUIICIL IILL ID. 17. ~s: Council lllllbers &ulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried. (b) Director Fonda presented a rec-ndation froa the Water and S...r Board to adopt a bil 1 for an ordinance approving an agreeaent with Southgate Water District and Kiowa Resources, Inc., relating to water rtghts for the South Platte Exchange Project. The Ctty Clerk was asked to read Counctl 8111 No. 12, entitled: COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL NENBER GULLEY A Bill FOR AN ORDINANACE APPROVINli AN MR(EJDT BETWEEN THE CITY Of ENlilEIDIO, SOUTH&ATE MATER DISTRICT AND KIOMA RESOURCES, INC., RELATING TO MATER RIGHTS FOR THE SOUTH PLATTE EXCHANliE PROJECT. CGUIICIL .... •Ln IIIVID, -IT IN srcaa, TO APPIOft --ITIII 11(~) • CIUICIL llll ID. II. ~s: Council lllllbers &ulley, Hathaway, Wtggtns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carrted. (c) Director Hayes presented a recoaendatton froa the Nonelltrgency Ptnston Board to adopt • btll for an ordinance providing vost of ltvtng ad - j ust.Nnt for retirees . ~p..,,t:Jd( ~'J,) ,, - • . I. • • , ]- • • • • • <. Englewood City Council Ninutes S.pt-.r H, 1H1 -Pa .. I #d HAYES: MAYOR All> COUNCIL, THE NONEMERGENCY PENSION BOARD ON AUGUST 7TH VOTED TO RECOMMEND TO YOU A 3S COST OF LIVING INCREASE FOR ITS PEN- SIONEERS AND THEIR BENEFICIARIES. THE LAST TINE A COST OF LIVING INCREASE WAS GRANTED FOR THOSE PEOPLE WAS IN 1983 AND THIS RECOM- NOATION WOULD GRANT A 3S FOR EACH PARTIAL OR WHOLE YEAR OF RE- T NT INCREASE SINCE JANUARY 1, 1983. IT WOULD EFFECTIVE AS OF J 1, 1991. BEFORE MAKING THIS RECOMMENDATION TO YOU THE PEN- SION DID LOOK CAREFULLY AT THE ACTUARIAL EVALUATIONS AND THE PROJECTION OR FULL FUNDING OF THE PLAN lltlCH WOULD BE EXTENDED FROM 1993 TO IF THIS NIENDNENT WERE APPROVED. THEY FELT THAT WAS A VERY R LE TARGET THAT BECAUSE Of THE CONSUMER PRICE INDEXES IN THE NE OVER THE YEARS SINCE 1983, THEY FELT IT WAS WISE AND FAIR FOR TO RECOIIIEND THIS COST Of LIVING ADJUST- NENT AT THIS TINE. THE A E NOINT Of THE ADJUSTNENTS WILL BE APPROXIMATELY S46.85 PER REC PER 0TH WITH THE LOIIEST SINGLE ADJUSTNENT BEING S6.M MD TH GHEST ONE BEING Sl93.68. THIS WOULD ADD AN AVERAGE COST INCR TO THE PLAN Of S3, 232. 72 PER lllfflt OR $31,792.64 PER YEAR. l'D HAPPY TO MSIIER MY QUES- TICIIS. OH, LET NE ADO THAT AS THE IOARO INGS THIS TO YCUl ATIEN- TION, THEY ALSO SOUGHT TH£ OPPORTUNITY TO I PORATE INTO THE PLAN MD INTO THIS ORDINANCE NECESSARY LANGUAGE PE PITATED BY TAX LAW CHMGES THAT HAYE IEEN MOE IN RECENT YEARS. QUITE FIWICLY, NOST Of THE CHANGES THAT ME IN TH£ ORDINANCE lltl IEEN PRE- PARED FOR YOU DEAL WITH THE INTERNAL REYEIIJE SERVICE MD THE TAX LAW CHANCES. IOI( Of THESE Will HAYE A SUiNIFICMT ACT ON CUl PUN, CAUSE NOST Of THESE CIWl&ES WRE &EARED TOINO PO- RATE SECTOR, IUT THEY ARE REQUJIED TO I( INCLUDm IN All PUNS, SO AT THIS TINE, W AR£ RECOIIIENDINli THAT WE ADO THEM WITH TH£ ORDINANCE. DEVI TI: COMNENTS RE CONDOISEO YERSICII The Ctty Clerk was asked to read Coac:11 1111 No. 61, 111tttled: COIIIC IL I ILL ND. 61, INTIODUCm IY COIIIC IL NENIER &ULLEY A IILL FOR AN ORDINANCE __,JIiii SELECTm SECTJCIIS Of CHAPTER 6, TITLE 3, EN- CLEIIXJD UICIPAL COO( 1•, CCIICEIIIINli THE RETIIDDT .... FOR NOIIOIEIISEII- CY EMPLOYEES, ENTITLED •tJTY OF EN&LEIIXIO NOIIOIEl&EICY Dl'lOYEES RETIRDOT PUN MD TRUST AS MEJl)[D Ml) RESTATm EFFECTJY( .-V I, IMI. • CGUIICIL .... M.UY .... -IT .. m111a, TO MJIIIIE .... ITIII ll(c) -CGUIICIL IIU •• 11. ~s : Counctl .....,.,s &.llley, Mith...,, Wt19t11S, Bullock, Cl-,tOfl, Nlbllltcht, VIII Dyb Nus : None Notion carried. 12 . .._,1 D11CU11t• (a) Nayor 's Chotce . , I. • • t , - Englewood City Council Minutes Septlllber 11, 1991 -Paget <, • • t~ • \ .. (i) Mayor Van Dyke announced that Governor ROiier will be the guest of the School District on Friday, Septelllber 20th at 7:30 a.m. at Sinclair Mid- dle School. Governor Romer will be proaoting Colorado 2000. Council Member Habenicht was asked to 't-iit."tlb• as Mayor Pro Tea, and Mayor Van Dyke en- couraged other IM!llbers of Council, staff, and citizens of the City to attend. (b) Council Meaber's Choice (i) Council Mellber Bullock inquired about the ·Rule of 88. • He asked the City Attorney to draft legislation allowing an eaployee-by-eaployee analysis for all eaployees who have 20 years or aore service with the City but who do not qualify under the Rule of 88. Mayor Van Dyke suggested that staff provide Council with insight into how aany eaployees aay be involved, along wijh Jny hjjtori.cal , preiedence.: ( ,:i • ) ( II J L { 1£4"/Nrv., ~ 1 .Ji,l., (iii Council Mellber Habenicht addressed several issues: 1. She announced the City will receive $151,800.88 in lottery funds frOII the Conservation Trust Fund. She further explained these funds are dedicated to capital iaproveaents in the recreation area. Z. She infol"Md Council that the Library Board plans to recoaend that a student ...,.r be appointed to the Board. 3. Ms. Habenicht spoke concerning a letter received froa the Arapahoe Cul - tural Council concerning an upccaing grants wrltshop . She reca•1nded that staff atteftcl along with others who are interested in sNking funds for cul - tural procJr•s. 4. She stated she is considering introducing legislation which would affect proceeds received by the City froa sale of its capital assets, and she asked for input froa staff in this regard. .- 5. "'· Habenicht n,t•r in the .. ting) • ......... ---,J~ !> b e&-,~r.S J =~ ;::::: ,--(i~ Council Mellber lfi99ins inquired about the reQtt <'s t of AIM Nan- ageaetit Service to remve trtts tn the vicinity of Trolley Squire. City Man - ager Fraser advised -11ft IIN ~ "' (v) Council Mellber HathlW&.1 provided current infonution froa the EngltlfOOd DcMltCM'I Dtvelop11111t Authority concerning silftage, idtftt i ficat ion, and executive director. -.Jfll 1111 -:i/" '7 13 . City lllnaft"'I a.,ort (a) At the request of Mayor Van Dyke, City Manager Fraser provided in- foraation ~ Cou~11 's current position on tht derelict/hobby vehicle issue 1-fllll 1111 ~4' ~ (b) Mr. Fraser transaitted copies of tht agenda for tht wttktnd budget workshop to cOllllftce Friday, Stptlllbtr 20th at J:00 p.a. . ' I . • • , - - · .. .. Engl~ Ctty Counct1 Ntnutes Septlllber JI, JttJ -Page JO • • • '. p-· "-; . ... •, (c) He ICl•hed he roe .. .,, to,,.. tbe ProJect BUILD .... ,. The,.. .,.. ••••• •ftes efther , ... r cootract .,. clo,. to bet., , ... r contract for con- struc:tton. The netohtlors tn all seven ,ery excftlCI ahout the progr•. Brochu,.., •re "9 p._ ~ ch sft and •Ill be ••attable shortly. He also lo,,.. the .... , 1,,.1, n ..._ .... ,teadt"9 ..... r• •nd statec1 he feels thts progr• •tn ha,e •• ... ,..,.,.le effect ._ the netghbo-s tn ""tch they are located. Hoc_..., that the •-•ed bud-get for 1992 includes an expansion of both Pt"Ogr .. s. 14. Ctty Attorney•s leport (a) ,.. . Dattttt .... , ... • ,_,., of the ... ,., With ,.. . -· EPA llooton Vil! llogtonat Adltntstrator. n., tootcs -Incl-I) Toxtc c1._ £"""' and Accolerattoo Act of 1111; t) ._,. s1..,. Toxtcfty and l.owy; 3) Caop.,rt,.. of 5-SI .... to!!! Ntntats Crtterta at L-,.. {b) ,!!~_ ....... to Iott-I ,_ of Ctttes• -posttton •tth ........ to '!"'lllfllll ..... Dattttt -ttlet ,, .......... the ..... " ...,. _,, alt,.. Ho --'-I rs to -tt,e -.,.,tty to Qpress tlletr ...,,_t1tt111 to ..... (c) Ho -, .. -II With ca,111 of on article ,., .. -1, t .. .. II St--I Mt1tled •,,._., lOM --Cl-Costs.' {d) .. --""'·· Of • letter f-....... _ ty ....... -.u .. -1etl• to Ctty C...Cn ... stoff relat1,. to ... ,.,_.,_ ef tile ...... 1t.tt• • U. 11-Ctty Property. • .._.,_ --· .. a letter to Cftl-........ -· II . "'U• l -... -• • -111 -·· n., ............... t,11 •.•. flt, cYerti , . •. • • • 0 I - - • • . • ' <' ENILElfOOD CITY COUNCIL ENILElfOOD, ARAPAHOE COIIITY, COLOIADO Regular Session SEPTEIIID H, lttl 1. Call to Order \ The regular aeeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:31 p.•. 2. Invocation The invocation was given by Council Mellber Wiggins. 3. Pleqe of All .. iance The Pledge of Allegiance was led by Mayor Van Dyke. 4. loll tall Present: Council Mellbers Hathaway, Gulley, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: A quorum was present. Also present : 5 . lltnutes None City Naftagtr Fraser Ctty Attorney Dlllitt Deputy Ctty Nanager Narttn Ctty Clerk Crow Dtrec:tor Hayes, Ftnanctal Servtces Dtrec:tor Fonda, Uttltttts (a) CIUIICIL -111•1• .... -IT IMS KClalD, TO APP10Wt THE IIIIIITU If' TNE -· M IIEETI• If' SDTWI I, lttl. Ayes: Council .._..rs Culley, Hathaway, Wtggtns, Bullock, Clayton, Habentcht, Van Dyke Nays: None Motton carrted. 6. Pre-sdledulld Vhttors (a) Rtchard Edison, Ftre Dtvhton Paraedtc, Slfety Servtces Dtpart - •nt, WIS recogntzed and honored IS E119lwood 's [aployee of the Month for SeptNber . . . II -. ' • .. I. • I - • • Englewood City Council Minutes Septeaber 16, 1991 • Page 2 7. Non-scheduled Visitors There were no non-scheduled visitors. 8. COIIIUnications and Procl11111tions • • <. (1) COUNCIL NEIIIEI HATIWIAY NOVm, -IT lfAS SECOll>m, TO ACCEPT NOTICE OF SHEIi IULLEY'S RESHNATION AS A !DIER OF THE NATER -SEVER BOARD. Ayes: Council Metlbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried. (b) COUNCIL IIEIIIEI CLAYTON NOVm, All) IT IIAS SECCll>m, TO DECLARE THE IIEElt OF SEPTEIIIEI 17 • 23, 1111 AS •CONSTITUTION IIEEl. • Ayes: Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. The procl1111tton was presented to Donna Santistevan, a rep- resentative of the Daughters of the Allerican Revolution. (c) COUNCIL ..... HATHMAY NOVm, -IT IMS SECCll>m, TO DECLARE SEP- TDIIEI 28, 1111 AS •1Uff1• -FISHI• DAY,• Ayes: Council Mellbers Gulley, Hathaway, Wtggtns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. (d) COUNCIL IIEIIIEI lfl.llS ? IT IMS SECOIIDED, TO DECLARE OC· TIIEll 11 • 27, lHl AS •B II-Slllllfl• COUNCIL'S STIOIII COIIIITNENT TO A DIUI FREE CCIIUlln. Ayes: Council Nnbers Gulley, Hathaway, Wtggtns, Bullock, Nays: Notion carried. Englewood School progr•. Clayton, Habenicht, Van Dyke None It was s..vested a copy of the procl11111tion be sent to the District IS an indication of the City's support for thts 9. Mltc Near1nts (1) COUIICIL IIEIIIEI HAWY IIDftD, -IT IMS SECGIIIED, TO OPEii TNE PUil.iC NEAii• TO RECEIVE CITIZEI ..... , • TNE c1n·s 1111 PWOSED llmllT. Ayes: Council Nellbers Gulley, Hathaway, Wl99lns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Nolton carried and public hearing opened. Evidence existed that notice of the public hearing WIS publ tshed In the Englewood Herald on August Z9, 1991. Ctty Manager Fraser explained the Charter requires a publ lc hearing be held prior to Council's deliberations on the proposed budget. He coaented that this year 's budget workshop ts scheduled for Septlllber ZO and Zl, 1991. The budget IS proposed ts virtually the s ... as the 1991 budget, being within a ' I . • • ]- Englewood City Council Minutes Septlllber 16, 1991 -Page 3 ·, ... • ,.. • t• • fraction of a percent dollarwhe. He stated the budget 1s frugal and 1s responsive to concerns of Council and the c01111Untty. Mayor Van Dyke invited the audience to speak to this issue. (1) Betty Acker, 3140 South Delaware Street, asked concerning the projected expenses and inquired tf there were any proposed cut backs for police and fire. City Manager Fraser stated the budaet as proposed aatntains those service levels. Ms. Acker asked about Counctf's out-of-town .. etings, and she was inforaed that Council's budget workshop will be held at Jefferson County Open Space Center with atninal costs. With regard to Ms. Acker's ques- tion about police and fire service levels, Council Mellber Clayton coaented that Englewood's fire ISO rating has iaproved froa a four to a three which basically .. ans that fire insurance rates should be lower this year based on the quality of service available. There were no other citizens present who wished to address City Council con- cerning the 1992 proposed budget. CGUIICIL IIEIIID WI.INS IIIMD, -IT IIAS SEcaED, TO CLOSE TIE IIUILIC HEAii •• Ayes: Council Mellbers Gulley, Hathaway, Wtgvtns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried and public hearing closed. (b) COUNCIL IIEIIIEll IIA'IIIMIAY DD, -IT IIAS SECGaED, TO OPEii TIE flUILIC HEAii. TO ltCEIIE c1nm IIIVI' • TIE HI ... , USO TIUST FUIID. Ayes: Council .....,_rs Gulley, Hatha,ay, Wiggins, Bullock, Cl1ytot1, Habenicht, Van Dyke Nays: None Notiot1 carried and public hearing opened. Evidence existed that notice of the public hearing WIS publ tshed in the Englewood Herald Oft August 29, 1991. Oir.ctor Hayes, Financial Services Departaent, offered inforaation concerning the requi.....,.t of State statute that the City hold a public hearing to r.cetve citizens input °" the use of the approxl•te half ailliot1 dollars the City r.cetves froa the Higllway User Trust Fund (HUTF). Ns. Hayes responded to questiot1s of Council cCN1Ceming the use of the funds, .tlich aay be used for road and bridlJe repairs Ind aaintenance. City Manager Fraser further ex- plained the aonies are available for r.cot1struction, new cot1structton, repair of extsttng streets -all those activities tllat are involved in the aain - tenance of the roadway syst• .tlich are the City's responsibility as opposed to the resident's responsibility, t.e., pavi1111 districts. The use of HUTF aonies for medians was posed. Citizen input WIS requested; no one wished to speak. COUNCIL IIEIIIEll HEMI •• --------.. TO Cl.Oil THI flUIL IC . . ' ' .. I. ... l • • I - • Englewood City Council Minutes Septlllber 16, 1991 -Page 4 '· • • «• • Ayes: Council Metlbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried and public hearing closed. 10. Approval on Second leading COUNCIL IIEIIHll •LOCIC IIOYED, 1111) IT IIAS SECa!D, TO APPIOYE ON SECOlm IEAD- 1• AIElltA ITDI 10 (a): (a) ORDINANCE NO. 54, SERIES OF 1991 (COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER CLAYTON), ENTITLED: AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY BEING C~- DLY REFERRED TO AS THE GREENHOUSE AND LOCATED AT 2540 WEST UNION AVENUE, ENGLEWOOD, COLORADO. Ayes: Nays: Motion carried. Council Mellbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke None 11 • ONlt nancn, lflo 1 ut tons Ind lot tons o.. (a) Director Fonda presented a recoaendatton froa the Water and Sewer lbarcl to adopt a bill for an orclinance approv1119 two license agreeaents sub- attted by Cherry Hills ¥111199 for the construction of a&• water line. Mr. Fonda explained the agreeaents perattted tlle crosst119 of tlle City Dttch in two areas. The City Clerk was asked to read Council 1111 No. 57, entitled: COUNCIL BILL NO. 57, INTROOUCED BY COUNCIL NEMER MJLLOCK A IILL FOR M ORDINANCE APNOYING A LICENSE MREENENT l(lVEEN THE CITY Of EN- GLEIIOOO MD CHERRY HILLS YILLA&E FOR THE CCIISTRUCTION OF A Sil INCH WATER LINE BY CHERRY HILLS YIU.AGE CROSSING THE CITY DITCH IN TIIO MEAS. CIUIICIL .... U LOCI 1MB, -IT IIAS SUaD, TO UPllft --ITEII ll(a) -CIUIICIL IILL ID. 17. Ayes: Council tllllbers Gulley, Hathaway, Wtggtns, Bullock, Clayton, Habenicht, Yan Dyke lays : NoM Mot ton carried . (b) Director Fonda presented a recoaendatton froa tlle Water and Sewer loarcl to adopt a bt 11 for an orcltnance approvt119 an 19reeaent wtth Southgate Water Dtstrtct alld lttC*I Resources, Inc., relating to water rhJl1ts for the South Platte Cxcha"9' Project. The Ctty Clerk was asked to read Council Bill No . 62, entitled : CCUICIL IILL NO . 62, INTROOUCED IV CCUICIL NEMER &ULL[Y ,, -. •. .. I. • 0 ~I ]- - Englewood City Council Minutes S.ptlllber 16, 1991 -Page 5 . ' • \ ,. • • A Bill FOR AN ORDINANACE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTHGATE WATER DISTRICT AND KIOWA RESOURCES, INC., RELATING TO WATER RIGHTS FOR THE SOUTH PLATTE EXCHANGE PROJECT. COUNCIL NEIIIR IIILLEY IIOVED, All> IT IMS SECCIIIDED, TO APPIO¥t A1E11tA ITEII ll(b) -COUNCIL IILL ND. 12. Ayes: Nays: Notion carried. Council Melllbers Gulley, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (c) Director Hayes presented a recoaendation frOII the NonNergency Pension Board to adopt a bill for an ordinance providing a three percent (3S) cost of living adjustaent for retirees. Ms. Hayes explained that if approved the cost of living adjustllent would be effective January 1, 1991, and would be the first cost of living adjustllent given to retirees since 1983. The average aaount of adjust .. nts will be $46.85 per recipient per 110nth with the lowest single adjustment being $1.99 and the highest $193.68 with the yearly cost increase to the Plan be 1 ng $38, 792 . 64. In add 1 t ton, the proposed ord 1 nance incorporates into the Plan necessary language perc1p1tated by tax law and the Internal Revenue Service. The City Clerk was asked to reed Council 1111 No. 61, entitled: COUNCIL Bill ND. 61, INTIIDDUCED BY COUNCIL NENIER GULLEY A BILL FOR AN ORDINANCE AMENDING SELECTED SECTIONS Of CHAPTER 6, TITLE 3, EN- QLEWOD MUNICIPAL CODE 1915, CCIICEMING THE RETIRENENT PIIOGIWI FOR NONENERQEN- CY EMPLOYEES, ENTITLED ·cnY Of ENGLEIIOOO IOIOIERQENCY EIIPl.OYEES RETIREMENT PLAN AND TRUST AS AMENDED AND RESTATED EFFECTIVE JANUARY l, 1191.• CGIIICIL IIElaEI u.LEY IMED, -IT IMS m•a, TO .Uflllft -IT81 ll(c) -CGUIICIL IILL IIO. 11. Ayes: Nays: Not ton carried. 12 . ...,.,1 D1lcus1ton Council .....,.rs Qulley, Hath.,.y, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (a) Mayor's Choice Y:l,., ( i) Mayor Van Dyke announced that Governor ._. 111 be the guest of the School Dhtrtct on Friday, Sept..,.r 20th at 7:30 ll·'4 at Sinclair Mid - dle School. Governor Roaer will be proaottng Colorado 21IOO. Council Nlllber Habenicht was asked to attend as Mayor Pro T .. , and Nlyor Van Dyke encouraged other lllllbtrs of Council, staff, and ctttzet1s of the Ctty to attlftd. (b) Council Nlllber's Choice (1) Council .....,.r Bullock inquired about the •1u11 of •· • He asked the City Attorney to draft leg1slatton all .. tng an 111PlOYte ·bY ·111Ployee I'~ . ' ' • . .. I. • t "'" I ]- • Englewood City Council Minutes Septlllber 16, 1991 -Page 6 ,. • . , . • analysts for 111 employees who have ZO years or 110re service with the City but who do not qualify under the Rule of 88. Mayor Van Dyke suggested that staff provide Council wtth tnstght tnto how •any eaployees may be involved, along with any historical precedence. (11) Council Mellber Clayton requested consideration of Sl,100 travel costs for hts attendance at National League of Cities (NLC) conference in Las Vegas in Decetlber. He offered that his attendance as a aetlber of NLC's Environaent, Energy, and National Resources C011111ittee is essential as the COll- •ittee is considering the issue of SUPERFUNO liability and support of the Wirth/Lautenberg toxicity bill. He stated the Water and Sewer Board has recoaaended that Director Fonda and one other person attend. CGIIICIL IIEIIIEI NATIWIAY IIMD, -IT IIAS sa:aED, THAT M. CLAYTCll'S TIAVEL IEQUEST IE APPIOYED. Council Mellber Bullock posed several pertinent questions reg=ing the trip and Mr. Clayton's position if not reelected. Mr. Clayton res ed stressing the iaportance of attendance in light of NLC's recent announ t not to sup- port the Wirth/Lautenberg legislation. He stated, •it is critical to Engle - wood's fu~ure not to back down on this issue.• COUftCtl Nellber Bullock questioned the effectiveness of this lobbying effort by the Ctty. City Attorney Delfttt offered infor111tion concerning Englewood's position should the Wtrth/Lautenberg legtslatton fail, and he c111111ented tt ts tnc011Prehenstble that NLC has taken thts posttton. In the event Mr. Clayton ts not reelected, "-Yor Van Dyke stated she ts wtll- tng to to tn hts place to support the tssue. \ Counctl Nellber Habenicht s..,orted Mr. Clayton as the dest~ representative of Colorado Nuntctpal League on the NLC coatttN, and she stressed the tapor- tance of aatntatntng conttnutty tn the aatter, •ther tt be Nr. Clayton or Nayor Van Dyke representing the Ctty. For the befteftt of Counctl Nelllber Gulley, Counctl Nelllber Clayton explained how his appotntaent as a aeaber of ll.C's Env1NNJ111fttl1, E•rv, and Natural Resources Coatttee was aade wtth Counctl's Ltapport aftd throuvfl Colorado Nuntctpal League 's endorsement . Counc t1 Nellber Wt99tn1 strongly suggested postponing any act ton on Mr. Clay- ton 's request until the electton results are knM. Council Nellber Hathaway offered to -nd her aotton aaking tt subject to Nr. Clayton 's reelectton; however, Mr . Wtggtns sttll opposed the aotton. CGIIICIL IIEIIIEI 111•1• MID, -IT IIAS IICWD, TO T•E THE IIDTJCII, Ayes: Council Nellbers Gulley, Hathaway, Wtggtns, Bullock, Habenicht Nays : Council Nellbers Clayton, Habenicht Notion carried; aotion tabled. ( 11 t ) Counc t1 Nellber Maben i cht addressed severa 1 issues : . , • I. • • , - • • • • • (, -------·------~-----------~~---- Englewood City Council Minutes Septeaber 15, 1991 -Page 7 1. She announced the City will receive $151,800.88 in lottery funds from the Conservation Trust Fund. She further explained these funds are dedicated to capital iaproveaents in the recreation area. 2. She infomed Council that the Library Board plans to rec011111end that a student llellber be appointed to the Board. 3. Ms. Habenicht spoke concerning a letter received froa the Arapahoe Cul- tural Council concerning an upcoaing grants workshop. She recoaended that staff attend along with others who are interested in seeking funds for cul· tural progrus. 4. She stated she is considering introducing legislation which would affect proceeds received by the City frOII sale of its capital assets, and she asked for input frOII staff in this regard. 5. Ms. Habenicht (later in the aeeting) stressed the need for vigilence regarding the possibility of the State legislature funding education through an increased sales tax. (iv) Council Nellber Wiggins inquired about the request of ABM Man- ageatnt Service to reaove trees in the vicinity of Trolley Square. City Man- ager Fraser advised the request llade by Trolley Square froperty unag .. nt seeas to be aoot at the present tt•. Council Mellber Gu lay, however, felt the tssue should be revtstted as there ts a also growing concern uong the Broadway •rchants about the trees. Ctty Manager Fraser advised that staff has been discussing the issue of trees and stgnage wtth the Englwood DolffltOIIIII Developa111t Authority (EDDA) and a proposal by EDDA is expected. Council Nell- ber Habenicht stated the trees, if they continue to be a probl•, should be relocated and replaced with attractive, low shrubbery. The dileaa expert - enc:ed by att...,ting to blend the •rchants' need for stgnage and the Ctty's wish to provide greenery tn the downtown area was explored. Regardless of the outcOll8, Council Nellber Clayton suggested the bus stop on Englwood Parkway be •ved 50 fNt to the west, •ich would visually t11111rove the south stde of Trolley Square. (v) Wtth regard to the EDDA proposal aenttoned by Mr. Fraser con - cerning stgnage and other •tters, Council Nellber Hathaway stated the proposal will be gtven to Counctl tn the near future. She brtefly explained the pro - posal includes tnfonution about an i11111roved signage package for the downtOIIIII area. Regarding the recent letter of George Allen tn the Englwood Herald, Ms. Hathaway stiled the EDDA had discussed the •tter and were planning to initiate cont,& 1th the •rchants to dettr11ine their position. She stated the EDDA int«n~ lo hire a director • will facilitate that ;;.on . The director positioft was discussed. She c01111811ted she still has not legal optnion wtth regard to the proper procedure for dissolving the E . 13 . Ctty ......... , llport (1) At the request of Nayor Van Dyke, City Nanager Fraser provided In · fonutiOfl concernlf19 Council 's curret1t postttcN1 °" the dtreltct/hollby vehi c le Issue . He ex,htntd that tn the event a property Nltr with a vehicle •lch .. I. • • , ]- - • Englewood City Council Ninutes Septlllber 11, 1111 -Page I City Clerk • • • '· ,. -. 'I • . ' .. I. . ,_ ~ I ]- • • Englewood Ctty Counctl Mtnutes Sept .. ber 16, lttl -Page 8 • • • •ets the qualifications of a derelict specified they were working on the vehicle, they would be granted a six-110nth waiver of the enforceaent of the fee requireaent. At the end of six 110nths either the vehicle would be off the property or street operable and licensed; otherwise the fee would be i11posed. With regard to towing, the recoaendatio~s to expand the adllinistrative pol icy by towing and reaoving vehicles froa he City whether or not the City received ownership of the vehicle. Council Mellber Hathaway requested that the recoaended proposals be sent to all partiels who spoke before Council regardtng this issue, requesting their input. Cily Manager Fraser proposed a letter be sent by staff explaining Council's actions, soliciting input, and advising when the issue will be be· fore Council for fol"llal action . (b) Mr. Fraser transaitted copies of the agenda for the weekend budget workshop to coaence Friday, Septeaber 20th at 3:00 p.a. (c) He advised he recently toured the Project BUILD hoaes . There are seven sites either under contract or close to being under contract for con- struction. The neighbors in all seven locations are very excited about the progru. Brochures about each site are being prepared and will be available shortly. He also toured the hoas involved in the Urban HOllesteading Progra111 and stated he fNls this Protr• will have an appreciable effect upon the neighborhoods in which they are located. Ht c-ted that the proposed bud· get for 1992 includes an expansion of both Protras. 14. Ctty Attorney's~ (a) Mr . Dlllitt provided a suaary of the .. ting with Mr. Scherer, EPA Region VII I Regional Adltintstrator . The topics covered included 1) Toxic Cleanup Equity and Acceleration Act of 1911; 2) Sewage Sludge Toxicity and Lowry; 3) COllplrison of Sewlge Sludge to De Niniais Criteria at Lowry. (b) With regard to National League of Cities' recent position with regard to SUPERFUND, Mr . Delli t t coaented .•• 'WI Ill (c) Ht provided Council with copies of an article which appeared in the Wall Street Journal entitled •insurers Lose Round Over Cleanup Costs.• (d) He shared s~ copies of a letter froa Radio Property Ventures expressing appreciation to City Council and staff relative to the relocation of the radio station on tha It -City property. , .. ,{- ~ Discussion about sending a letter to citizens concerning SUPERFUND ,lt',J Tall • ,, y)J), h ""r JJ , }l..4J . 1 15 . MJour,ant CCIUIICIL .... 111•1• IMED TO .... The .. ti119 ldjourned at 9 :16 p.a . • I I. • , J - <, - • • • • • October 7, 1991 Regular City Council Meeting • .. I. • • r • ]- • /~ ./ 7 .. c. l<, l t,t<.. < , a l l ( :fl # •. • • • (. • . '• . . • 0 • • . . I. ' . . , ' - • •