HomeMy WebLinkAbout1991-12-03 (Regular) Meeting Agenda• ' .
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EIIILEMOOD c1n CCIUNCIL
EIIILEMOOD, AIAPHE CCUITY, COLORADO
letular Session
Septellber 3, lltl
I. Ca 11 to Order
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The regular meeting of the Englewood City Council was called to order by Mayor
Van Dyke at 7:35 p.a.
Z. Invocation
The invocation was given by Council Meaber Bullock.
3. PlNte of All .. ianc:e
The Pledge of Allegiance was led by Mayor Van Dyke.
4. 1o11 can
Present: Council Mellbers Hathaw1,1, Gulley, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Absent:
A quorua was present.
A ho present :
5. 111nutn
None
City Nanager Fraser
City Attor11ey Dllfitt
Deputy City Nanager Martin
City Clerk Crow
Dir.ctor Esterly, Public Worts
(a) CIUIICIL .... 111•1• .... -IT IMS IICIIIED, TO UPllft TIIE
lllllntS Of TIIE IEIUI M IIEETI• Of Mam 11, 1111.
~es: Council Nlllbers Gulley, Hathaway, Wtggins, Bullock,
Clayton, Habenicht, V111 Dyke
Nays: None
Nolton carrted.
6. PN-ldlNulld Vhitors
There wre no pre -s cheduled vhttors.
7 . lon·ldlNulld Vhttors
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Englewood City Council Minutes
Sept .. ber 3, 1991 -Page 2
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(a) Betty Acker, 3140 South Delaware, reiterated her coaents 111de at
the previous meeting that the new legislation regarding derelict/hobby vehi-
cles ts unfair and not necessary if the previous ordinance had been enforced.
She eaphasized that a vehicle which is uninsured and not licensed should not
necessarily be considered derelict. Ms. Acker later returned to the podium
and stressed she agrees wholeheartedly that "eyesores" should be re110ved, but
the previous ordinance would have accoaplished 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 uend Ordinance
No. 11, Series of 1991, with reference to derelict/hobby vehicles. He COll-
•nted 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
Nlllbers Clayton and Bullock. Council Nellber Hathaway explained that this
legislation was passed as part of a total package, and the specific proble11s
with this section can be revtewad and refined. It was pointed out that there
1s considerable support in the c_,nity for getting rid of junk cars. In
response to Council Nellber Habentcht's c01111ents, City Manager Fraser indicated
staff will be presenting recOlllendations to Council in aid-Septeaber in study
session. The derelict vehicle issue was further debated by Nr. Barlow.
(c) Joe Macaluso, 4068 South Washington, turned in petitions with 20
siynatures requesting Council to alllftCI Ordinance No. 11, Series of 1991, with
re erence to derelict/hobby vehicles. He questioned how the City plans to
enforce the ordinance. City Nanaver Fraser explained enforc-nt procedures.
I. c:o..untcattons 1M Procl-tt-
(a) COUIICIL -M'l'IIMllY .... -IT IMS SUIIIIID, TO M:CIP1' WITH
IIIAT IELUCTWE THE IDI_TI_ W -T IMIIIIU ,_ THE Elll-Dlllffllll
IDILIMEll1' Mm1111n.
~s:
Nays:
Notion carried.
Counctl Nallllers S.lley, Nath-,, w1111ns, Bullock,
ClaytOII, ...._icllt, V• Dyu
None
(b) COUIICIL -MIIIMllY .... -IT IMS SUI.a, II M:CIP1' 111TH DHP ..-.ns THE m1•n• Of DYii STmf ,_ THE ... _ DMITNI
DnB.Mmll Mm1111n.
Ayes: Council Nellbers Culley, Hatha,ay, Wi11ins, Bullock,
Clayton, Habenicht. Van Dyke
Nays: None
Notion carried. Council Naabtr Natha,ay requested that the letter 1ccepti119
tile resi1111tion also extends c0ntratulations to Nr. StNle for hts opportunity
to open a new Safeway store in littletOII.
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No public lle1ri119 was scheduled before Council.
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Englewood City Council Minutes
Sept•ber 3, 1991 -Page 3
10. Approval on Second leading
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COUNCIL NENIO HATHMIAY IIIDVED, Alll IT IIAS SECOll>m, TO APPROVE ON SECOII> READ-
INI AIEll>A ITEIIS 10 (a) TlllOUIH (c) AS FOLLOIIS:
(a) ORDINANCE NO. 51, SERIES OF 1991 (COUNCIL BILL NO. 40, INTRODUCED
BY COUNCIL MEMBER HATHAWAY) ENTITLED:
AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF ENGLEWOOD AND SWEDISH MOB
Ill PARTNERSHIP, LTD., TO OBTAIN AIRSPACE OVER PUBLIC STREETS.
(b) ORDINANCE NO. 52, SERIES OF 1991 (COUNCIL BILL NO. 56, 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 PARK-N-RIDE.
(c) ORDINANCE NO. 53, SERIES OF 1991 (COUNCIL BILL NO. 58, INTRODUCED
BY COUNCIL MEMBER BULLOCK) ENTITLED:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE STATE OF COLORADO HIGHWAY DE-
PARTNENT AND THE CITY OF ENGLEWOOD FOR A TRAFFIC FEASIBILITY STUDY OF COLORADO
STATE HIGHWAY 285, FROM SOUTH SANTA FE TO BROAIJIIAY.
Ayes:
Nays:
Motion carried.
Council Mellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
11 . Ordt nanc:es, lflol ut 1 ans and llot 1 on1
(a) Director Esterly presented a recoaendation froa the Departaent of
Public llorks to adopt a bill for an ordinance authorizing the sale of the
Ctty's greenhouse property located at 2540 West Unton Avenue. Nr. Esterly
stated one btd had been received froa Waste Nanageaent of Denver-South in the
aaount of S140,000. The City Clerk was asked to read Council B111 No. 59,
entitled:
COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL NEIIIER CLAYTON
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY
BEIN& CONNONLY REFERRED TO AS THE GREEIIOISE All> LOCATm AT 2540 IIEST IIIION
AVEIIIE, EN&LEIIOOD, COLORADO.
CGUIICIL .... cun• IIIDVED, -IT IMS ..... TO APPIOft --ITDI
ll(a) • COUIICIL IILL IIO. It.
Council Nlllber Hathaway suvgested -nding the Council Bt11 to state the pur -
chase prtce . Council Nellber Clayton ,reed to thts as a •friendly ... ncllltnt.•
A ..., sectton tdeftttfted as Section was added to Council 1111 llo. 59 11
follows:
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Englewood City Council Minutes
5ept811ber 3, 1991 -Page 4
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SECTION 5. PURCHASE NICE TO IE $140,000.
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Ayes: Council Mellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried; Council 8111 No. 59, as aaended, was approved on first
reading.
(b) A rec01111endation frOII the Departllent of Financial Services to set a
public hearing date for the 1992 Budget and the Highway User Trust Fund on
S.ptllllber 16, 1991 was considered.
COUIICIL IIEIIID HlTIWIAY IMED, Mm IT IIAS SBallED, TO SET A PUil.iC HEMI•
MTE FOi 1IE lltz IIIIIET -1IE HIWY USO TIUST FIim OIi SEPTEIIID H,
1111, AT 7130 P.N.
City Manager Fraser infonlld Council that City Hall will reaain open on S.p-
ttllber 16, 1991, with an open house cC11a111Cing at 4:00 p.a., which will pro-
vide an opportunity for interested citizens to visit the various offices and
to sNk infonaation conceming the proposed budget. Responding to a question
by Council Mellber Habenicht conceming the Highway Users Trust Fund, Mr.
Fraser clarified that the City 1s required by state statute to hold this
public hearing to solicit public coaents OIi the use of the funds received
fro11 the State.
Vote results:
Ayes:
Nays:
Motton carried.
12. llneral D1scuss1on
Council Neabers Gulley, Hathaway, lfi99ins, Bullock,
ClaytOII, Habenicht, Van Dyke
NOiie
(a) Mayor's Choice
( i) Mayor Van Dyke provided an update OIi the series of .. tings
with Senator lro. and C0119res ... n SchHfer concerning the SUP£RFUND/Lowry
Landfill issue. She and Council Neaber Clayton agreed that the ... tings have
lleefl betleftcial and enltglltentng for the offtctals lllho have attended.
(b) Council Neaber's Choice
( t) Counct 1 ...._r Gulley s,ob concerning the derelict vehicle
t11ue, offering to .. t wtth staff tor the ftna11zatton of appropriate
enforceaent.
(tt) COUIICil ...._r HaU..., spob brtefly concerning an article
•tch appeared tn the Rocky NDuntatn News ,...ardtng RTO's MC proposal.
(ttt) COUIICil ~ lft91tns expressed apprectatton, through Dt -
rec:tor Esterly, to the supervisor of the st911 shop for reprtnttng and aounttng
a strNt 11911 at hts request . Ht tnqutred about the dates of NLC 's C0119reu
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Englel«IOCI City Council Ntnutes
Septeaber 3, 1991 -Page 5
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of Cities Conference tn Las Vegas, and was tnfonaed the conference is
scheduled for December 12-16, 1991. Registration and travel were briefly
discussed.
(iv) Council Naber 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
Rooa door inviting the public to join Council during the study sessions.
(v) Council Mellber Clayton expressed appreciation to City Manager
Fraser and staff for preparation of the 1992 proposed operating budget; he
c01111ented upon its conciseness and its readability. Council Mellber Hathaway
concurred. Mr. Clayton explained to Council he will be discussing with the
Keep Allerican Beautiful C01aission his •personal perspective• concerning the
1111ntcipal solid waste study; he stated he would be certain the COllllission un-
derstands he ts not representing Council in this issue.
(vi) Council Mellber Bullock offered several iteas:
1. He advised he ts circulating an initiative and referend .. petition rela-
tive to Council travel.
2. He requested a copy of the City's personnel rules and regulations with
r99ard to hiring and firing.
3. He cOlllllftttd upon the presentation by the consultants Knight-Ross.
4. He cOlalanttd upon the study session presentation by the Building Division
and questioned tts purpose.
5. He stated he hid been asked to pursue with Council the revi• of the con-
ttnued need of the Englewood DcMltown Developa1t1t Authority wlltch, according
to hts source, lllY have reached its aui-effective life . TIits was dis-
cussed further and the Mtter wtl 1 be revtwed in the future .
13. Ctty IIIMll"'I 11,wt
(a) Nr. Fraser transattttd copies of The Englewood Ctttzen wlltch con-
tains tnforaation about the budget.
14. Ctty AUOPMJ'I"""
(a) Nr. DeWitt advised Council that the EPA has CCllll)ltttd its coa -
prehenstve audit of the Bi -Ctty operations .
(b) He stated 1 ... ting has been scheduled wtth Ji• Schearer, EPA, for
Sept..,.r 13, 1991 regarding Municipal Settleaent Policy in the sludge issues.
(c) He discussed briefly 1111nicip1l enforceaent of liquor code viol1 -
tton1, especially with retard to use of alcoholic beverages by ainors .
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EnglelfOOd City Council Minutes
Septlllber 3, 1991 -Page I
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(d) He advised that notice has been served on Pennhouse Apartaents with
regard to Building Code violations which are health and safety related.
(e) Mr. DeWitt referred briefly to construction on Santa Fe (railroad
spur relocation between Haapden and Belleview).
(f) With regard to doaestic violence cases, he advised that his staff
ts revtewtng and reevaluating the current trend of violations which are now
occurtng aaongst the aidclle-incoae class. He infonaed Council that enforce-
•nt ts bec•tng aore c•lex, defenses are aore sophtsttcated, and the need
for tnvesttgatton ts aore apparent.
(9) Nr. Dellttt presented tnforaatton about the settl-nt and release
ag~t wtth Narttn Nanufacturtng Capany, and requested a aotton for approval.
CIIIICIL -.. LICK ..a, -IT IMS m•m. TO APPIDIE THE SET1UIIElff
-IE fut QIBWI" 1111N MUii WACTUII• c•••.
Ayes: Council ..._.rs Hatha,ay, lltggtns, Bullock, Clayton,
Nays:
Habenicht, Van Dyke
lone
Counc 11 ..._.r Culley Abstain:
Notion carried.
Council .._.r Culley was asked to explain lier reason for abstatntng; she
stated she was untnfo....ct about the aatter and dtd not wtsh to vote on that
bash. Ctty Attorney Dellttt offered the acceptable reasons for abstentions,
addtRt, holMvtr, that a council lllllbtr--, be excused froa voting with unani-
aus approval of the other ...... rs of City Council.
•• IM ffll .... -IT IMS Bl.a, Tl ICCfPr 1IIE MITAII .. WTt IF
CIIIICIL -MUY II THE INTII ... K'IIIIIII Cl•MIY IIITl.lllllff.
Ayes: Council ..._.rs Hau.a..,, lltggtns, •11oc1t, Cla,t011,
Habenicht, ¥111 Dyke
Nays: lone
Nott on carried; abs tent iOII stands .
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Ctty NM•r Fraser advised that through a cooperative effort wtth the School
Dtstrtct, the Ctty has bttft asked to dtspla, s ... of tts tQU1Plltftt at the higti
sdlool footbal 1 11M Frtda, evening, Sept ... r 6, lNl, as a part of •[ngle -
wocl ltfllt.·
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Eng19IIIOOCI City Council Ninutes
Septlllber 3, 1991 -Page 7
15. AdJounant
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COUNCIL IEIID MLOCIC NDVED TO ANCUIN. The meeting adjourned 1t 9:00 p .11.
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c1n CIUIICIL ._ STAlUS IENIT
Agenda Ort9tn1tt119 I ' '
It• Dlpartwt Dlscrtpt ton Actton Taken Follow-up
SA FIi SERY CCUICIL NIIUTES 1/11/91 AffllOYED 7-0 COPIES TO BE DISTRIBUTED
7A au l(TTY ACKER, 1140 S D[U11M£
RE: DERELICT/HOIIY YEHICLES
78 au RAY IMUIII, l 120 S D[UIIM(
RE: DERELICT/HOIIY YEHICLES
PRESEITED PETITIONS V/27 SICIIATURES
7C au JO( MCALUSO, 40&8 S IMSHlllliTON 1 ;
RE: DERELICT/HOIIY YEHICLES
PRESOTED PETITIONS V/20 SICIIATURES
"' ED/OU RESI-TION Of IMLT TIIIOOU ACCEPTED 7-0 LETTER OF ACCEPTANCE W/REGRET r I • • • ED/OU RESI-TION Of KEVIi STEELE ACCEPTED 7-0 LETTER OF ACCEPTANCE W/REGRET
I CONGRATULATIONS ON OPENING
OF NEW STORE
IM CCIII DEV Oll»5l(Cl40) ...,.JIiii LEASE )JOA 1lllU C APPROVED CCIII DEY TO SECURE SIGNATURES I 7 lflTN MDISH D 111 TO OITAIN )ON FINAL READING AND FILE COPY WITH CITY CLERK AIRSMCE o,n PUil.iC STREETS )7-0
)
IOI UTIL Oll»~cr') APl'Dlllli LICEISE ) UTIL TO SECURE SIGNATURES AND
MR£ WITN RTD FOR IWIC-N-RIDE ) FILE COPY WITH CITY CLERK EIPMISION )
)
" IOC PUI WlS ORDHl(CBIB) ...,.lllli COITRACT ) PUB WICS TO SECURE SIGNATURES WITN COt.O. HIIHMY DEPT. FOR TRAFFIC ) AND FILE COPY WITH CITY CLERK FEASIBILITY SlUDY )
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llA PUB MKS CIIS9 MITHORJZIIC SALE OF GRED1t0USE APPROVED AS ANEfl>£D SECTION 5 ADDED: PURCHASE PIOPERTY AT 2540 II. •1C11 AVEMIE 7-0 PRICE TO BE $140,000. SECOND
READING 9/16/91
Ill FIN SERV ..,TICII TO sn PUBLIC HEARING FOR APPROVED 7-0 I .. 1992 N>GET/HICNIMY USER TRUST FIii>
CII 9/16/91 AT 7:30 P.N.
12At au VM DYKE I CLAYTCII PIOW1Dm M
UPDATE CII NEflJICS 111TH SOIATOR
... MD REP. SCHAEFER RE: SUPERFIII>
1281 au GULLEY OFFERED TO IIORI 111TH STAFF
TO REFINE MD FJIALJZE DERELICT/
HOBBY VEHICLE PORTJCII OF ORD.Ill
, . 1281 t OlliR IMTIWMY -RTD NM: PIUOSAL
128111 au WIKINS: I) lUDOS TO Sia SHOP A
SUPEIV I SOR;
Z) ASlED ABOUT •c COICRESS Of CITIES
I • CC.EREIICE IN LAS VEW, NEYAOi\ r • 1281v au IWIEII ICHT: ~ ll lRMY REIIJVATICIIS CCJlllt.flED lfllRESSIVE
Z) REQUESTm SIIIIME CII OUTSIDE
OF CCIII. IIOCII DOOR INVITJIC THE
PUil.JC TO JOII COIIICIL IN STUDY SESSICIIS I ';
12Bv CMG P CLAYTCII: I) CONPL INENTS CII BUDGET
• • FOIIMT
Z) PLANS TO &IVE HIS ·PERSCIIAL
PEIISP£CTIVE• TO KAI RE: Na.JCIPAL
SOLID IIASTE STUDY (Will NOT BE
' REPRESEIT JIC COIIIC IL)
OlliR MLOCIC: I) CIRCULATIIC PETITICIIS
RE: CCUICIL TRAVEL
Z) -.TS COPY OF HIRIIC I FIRING
PROCEDURES
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( CDIT IIUED)
lJA
14A
141
14C
140
14£
14F
14C
OliR
CAm
CAm
CAm
CAm
CAm
CAm
CAm
3) COIIEITS R£ CCIISULTMTS KNIGHT-ROSS
4) ASl£O NlPOSE OF STUDY SESSION
IIEETIIC 111TH MIILDIIC DIVISION
5) ASKED RE: ED'S CDITIIIIED PURPOSE
TRMSNITTED COPIES OF CURRENT ISSUE
THE DREIIOOD CITIZEN
CCIIPl.ETION OF EM'S CCll'REHENSIYE
MIDIT OF 11-Cln OPERATlmlS
IIEETIIC SCHOIULED FOR 9/13 111TH
EM JUI SCNEM£R RE: UICIPAL
SETTLEJDT POLICY IN SLUDGE ISSUES
UICIML EIFOIICEJDT OF LIQUOR
CODE YIOUTlmlS
ll>TICES SEIMD ON POlltOUSE APARTflENTS
FOR II.Dli. CODE VIOLATIONS
SMTA FE CCIISTIUCTICII (RAILIIOM> SPUR
RELOCATION IEMEN HMPOEN l BELLEVIEII)
DONESTIC YIOLEIICE · REVIEIIING All>
REEYALUATIIC PlmECUTION
Mn'ION TO APIIDE MRTIN
... ACTlllllC SETTLEJDT All>
RELEASE ACREEJDT
APPAOYED 6-0 ·1 CJIGR TO PROCEED
(GULLEY ABSTAINED· ABSTENTION BASED ON
LACK OF BACKGROUND INFORMATION; ABSTENTION
AFFIIIIED BY UNANJ,-,US VOTE OF REST OF COUNCIL)
PRESENT : ALL SEVEN NOIIERS
ADJOUIIIIED : 9:00 '·"·
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1. Call to order.
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AGENDA FOR 11m
RSGULAR IDE11110 OF
nm SIIGunroGD cm COUllal.
UPTSIIBSRS,lNl
7:SOP.11.
135 /J·7n .
2. lnvocaUon. Bu lloe A::,
3. Pledge of Alleglaoce.
4 . Roll call.
5. Mmutea.
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o/~ 1-{) a. Minutes from the August 19. 1991 Regular City Cowd lleeang. a/~,~s
6. Pre-Scheduled Vlaltora. (Pleaae bmJt )'OW' preaentaUon to ten mmutea.l
a . Letter from Walt 1'cJmoob re,t&n"'l lrrm the ltaCkzwcod Duwutuwn
Development Authonty. .& ~-W Iil , f
b . Letter from Kevin Steele lndlcatmc ldll ree_..tl«la lrrm tbe ~wcod
Downtown Development Authortty. N11 ~ ,u"'/
9 . PubUc Heartoc, (None acbeduled)
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City Council Agenda
September 3, 1991
Page 2
IO. Approve on second reading.
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(µ) cvrr
Or~ 5 / a. Council Bill No. 40 approvmg a lease between the City and Swedish
Medical Office Building llI Partnership, Ltd. to Obtain airspace over public streets.
b. Council Bill No. 56 &J>)>rOVtng a license agtccment wtth RID for
enclosing and crosstng City Ditch for the purpose of expanding an
existing Park-N-Ride.
c. Council Bill No. 58 &J>)>rOVtng a contract wtth the Colorado l)epartmen
of Transportation to conduct a trafllc feasibility study of State Hig;QW11)1 285.
11. Ordinances, RcaoluUons, and Motions.
(' B 5 q a. A recommendation from the l>epanment of Public Works to adopt a bill
elf /<I a. 5 for an ordinance autbonzmg the sale of the City's Greenhouse Property.
a-me 71c:f Pd, ST.An' SOURCE: Cllaatea Saterty. Direct. of Pallllc W'Olb. 7-t>
• ..:.J b. Mouon to set a public bearing date for the 1992 Budget and the
o/r 7 r,, Highway User Trust Fund on September 16, 1991. 8TAff 80Ullcs:
7 ~--tt, Patricia Crow, City a.tt. . ~ 1(,/e,'
12. General Diacuuion.
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a. Mayor·acboice. U~~-~n, .~ln,js cy..~~/!te,1ni.•~.ScA,,~,
4 ~/.Z~ ~ ....,d,c.c. b. Council Member's c~. -~ ~""'l'-
13. CHy :ti'?::~~~ '°"','•<'~ "F 71,, Erv/( r,,i, .. <'.t!'
"'~~ ~u.se S,,,,..e .It,, /'f"1/
14. City Attorney~~· .;J __ ._1._
4U..4~d~ 3 ~ Marun Manulactunng Settlement.
J.... . ,.,t Jt1.
AdJoununent 1)>llot ()JJo"'..., q :OO f'
• The followtng mJnutce ~ tranamutect to Councn from 8/ 16/91-8/29/91:
-Englewood Clean. Green and Proud Cm:amwe1on ~ oCOS/ 13/91.
-Englewood Houatng Authonty meeUng o( 08/26/91.
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.i)ert' /,c I II eh I e/e s -,+!~et!$ rev; SIO'nS . ()F./'e re<I
UJ w,r~ 1,cJ,'.H. s/11 -r+ ""+' So._e ,tlMS >I~ ks .
(f) .fucks 7o S~rviso, a~ S.e,·,., ~I' -t;i,
~r, .. _1-" Job ,e,,,.;.,,.;,-,,, .-/JU)UHi,;,'I
~-Ire~:./-s,.,.,,, .
(g NLC &,,,,~,s D~ (!',J,~s e---1~r,r1ce I~ £6-.s ~rs
l)ee,.1z-lf.,1'141
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J./~71,ct+.
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. ~ /, Jr11 ''I Ye ne1 va I 1 ~ w ~ eo_,,,/1, l,,t
@ ~1'/lttlft!.. "~ 0o1't7P1 h,f . ~or tlar,H1 .s.-s.r;o,,s
1-;2 bY elu,tin (!) (!U,,,/1,.~,,1-~ """ ,~,1./ 'lbrAtl-1
(!5 ,~.se,r/.,i,"l A,, °pYu1"III jN>'S~",,e# • Yo Ar A ,8
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MLIC COIIIElff llOSTEI
DATE: SEPTEIIIO 3, 1 ttl
MY P£lSGN MY SPEM ON M11111 _ 11111 _ 111111 FOi A IIAIIIUI OF FIVE
IIIIIUTES. EACII SUCH POSCII SllaD St• THIS W.IC CCNIENT llOSTEI, STATJ•
NME, MIDltESS, -TOPIC OF CCNIENT.
TlltSE PEISGIS N 11191 TO SPDl II FA-OF Dlt II OPPOSITION TO A W.IC
HEAii• SIIIII.D SJ• 1HE APPLICAIU W.IC HEMI• IDSTEI.
PLEASE Plllfl'. ~ -----------------------
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1. Call to Order
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EIIILEIIOCID Cln COUNCIL
EIIILEIIOCID, AIIAPAIIOE COllffY, COl.OUDO
.... tar Session
Aupst It, IHI
5 A
The regular aeeting of the Englewood City Council was called to order by Mayor
Van Dyke 1t 7:35 p.•.
2. Invocation
The invocation was given by Council Mellber Bullock.
3. Pleclte of Alle,iance
The Pledge of Allegiance was led by Mayor Van Dyke.
4. loll Call
Present: Council Mellbers Hathaway, Wiggins, Bullock, Clayton,
Habenicht, Van Dyke
Absent: None; one vacancy (District Ill)
A quorua was present.
5. All,ointaant of District Ill Counctl ..,....entative
(1) A resolution appointing Sheri Gulley as a IIIIINr of the Englewood Ctty
Counctl to ftll the vacancy resulting froa the rest911atton of Roger Koltay,
Dtstrtct Ill, was considered. The resolution was asstgMd a nllllber and read
tn tts entirety.
RESOLUTION NO. 68, SERIES Of lffl
A RESOLUTION APPOINTING SHERYL (SHERI) liUllEY TO THE ENQ.EIOJO CITY COUNCIL.
CGIIICIL .... u.uat .... -IT IIAS IRIIIIII, Tl ..... , 1u1wn• •• II, SIIIU Of' INI .
Ayes :
Nays:
Motton carried.
Council Nabers Hathaway, lltggtns, Bullock, Clayton,
Habenicht, Van Dyke
None
Mayor Van Dyke conducted the swaring -in cereaony of Cou11et1 ...._r Gulley and
offered congr1tul1ttons on betlalf of City Council. Ns. Gulley introduced --
bers of her f•tly who were present . Ns. Gulley's tera wtll expire at 8:00
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Englll«)Od City Council Minutes
August lt, lttl -Page 2
p.a. on the day of the first regularly scheduled Council aeeting following the election in Noveaber, 1991.
Roll WIS called:
Present:
Absent:
A quorua was present.
Council Nellbers Gulley, Hath•ay, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
Also present: City Manager Fraser
6. lltnutes
City Attorney Delf1tt
Assistant City Nanater Martin
City Clerk Crow
Director Wanush, CCIIIIUll1ty Develop11et1t
Director Fonda, utilities
Director Esterly, Public Works
(a) COUIICIL .... NAlllMMY mvm, -IT IIAS SW, TO APflllll 111(
llllllrtS OF 11IE IUIUll lEETI• OF MIUST I, lHl.
~es: Council Nellbers Hathway, Wiggins, Bullock, Habetlicht,
Van Dyke
Nays: None
Council Nellbers Gulley, Clayton Abstain:
Notion carried.
7. PN-sc:hNulN Ytstton
(a) Lou Ellts, Deputy City Clerk, was recognized as August's Eaplo,ee
of the Nonth. fir. Fraser caaented upon Ns. Ellts' dedicated strvtce to the
City. Mayor Van Dyke presented Ns. Ellis wtth a certtftcate of c011pleti011 of
the Nuntctpal Clerk's Institute, sponsored by the Colorado Nuntc1pal Clerks Association.
(b) Orin Hunter, AM Nanataent Services, and Craig ltoaary, ltoaary Ar-
chitecture, discussed the landscaping on Englewood Part.a, 11ear Trolley
Square. Nr. Hunter c-ted upon the vts1bt11ty preblas wlltch extst on
Broadway and along Englewood Parkway due to the preH11t landscaptng. He ex-
platllld how these problas affect tenancy. Nr. ltoaary ,re1Nted 1ketms
showing s-possible alternatives. fir. Hunter and Nr . .._.., requested an
opport1111tty to dtscuss thts aatter tn aore detail wtth COUIICil and/or staff .
City Manager Fraser stated that staff would be •rkt .. wtth Nr. Hunter and fir.
Roaary and would be presenting Council with alteruttves to the current 1 andscaptng.
I. 1111-sc:IINulN Ytstton
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Englewood City Council Minutes
August 11, 1111 -Page 3
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(a) Steve Passe, 4ZZO South Grant Street, presented a petition with 106
signatures requesting reconsideration of portions of Ordinance No. 11,
specifically increasing the nllllber of penattted hobby vehicles and eliminating
the fees taposed. He asked If Council was considering this IIOdification.
Mayor Van Dyke stated that the concerns of the citizens had been reviewed by
Council, and she requested the City Manager to provide an update. City Man·
ager Fraser c01111ented on the general support of Council to the limitation of
one vehicle per residential property and the SlOO fee with possible waiver for
hardship ctrcuastances. Mayor Van Dyke added that there ts a great deal of
support throughout the cC11111Untty for the legislation previously passed. She
explained It ts Council's position to reduce the nUllber of these vehicles tn
the City and that enforceaent ts to cC1111ence Septeaber 1st.
Mr. Passe eaphatlcally stated It did not appear that Council ts listening to
the citizens; he advised he would continue to pursue the aatter. Council Mell-
ber Clayton offered cC1111ents in support of the legislation.
(b) Steve Puryear, Z3ZO West Harvard Avenue, presented additional pett-
t tons [ 47 signatures) protest tng §15-5-3 as enacted by Ordinance No. 11,
Serles of 1991. Mr. Puryear coaented he had not been contacted regarding his
c01111ents at the August 5th .. ttng, t .e., how this legislation affects people
who are trying to work on vehicles with 1 tttle or no resources and how the
SlOO fee puts an addtttonal burden on thell. He agreed that "junk" ts a prob-
1•, but coaented 1t can be •nttored through neighbors' coaplatnts. He sug-
gested separate crtterta be established for hobby vehicles and derelict vehi-
cles. He disagreed that a penatt fee be charged for either kind of vehicle,
saying "tf it's a derelict, get rtd of tt.• He asked tf he could participate
tn a study session to further discuss his suggestions, and It was suggested he
work through Ills district representative, Council ....,.r Rtta Hathaway. Coun-
cil ....,.r Clayton offered to writ with ht• as well.
City Manager Fraser pointed out how the legtslltton enacted ts the result of
long, extensive study by citizens of the coauntty • are all concerned wtth
this issue.
Council ....,.r Clayton explained .tly the previous ordinance was not enforce-
able and how he hopes this ordinance wtll alleviate the probl•.
Council ....,.r Habenicht coaented on the tt• and effort .tltch was expended
tn revising Tttle 15, stating that thts particular section of the revtston was
not subject to that s-review. She stated that perhaps that ts the reason
for the current afteraath. She suggested that .,,... though there ts a 1 ot of
support to do scathing about the 11Ullber of derel tct vehicles tn the cC11111Unt-
ty, perhaps thts particular section should be ftne tUlled.
(c) Ray Barlow, 3120 South Corona Street, stated he does not feel there
ts a need for laws like this, that this does not address the real probl•. In
his optnton, the property belongs to the _.r • pays tues and should not
be restricted as to .tlat he does wtth tt. He stated the Ctty should not pe·
naltze everyone for .tlat a few do. I . •
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Entl..-1 Ctty tounc:11 lltnutes
August 11, 1111 -,a,. 4
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(d) lla,ve Ntcltua, 2800 South Untverstty, Denver, addressed tile land-
scaping problas along BroadwQ and EngllllOOCI Parmy. SIie ~tad that the
Ctty and EngllllOOCI oa.t_. Developa111t Authority should writ togetller to ta-
prove the appearance of the streets for the llllole business district, .. t Just
Trolley Square. SM added that the current lalldscaping C.Hs probl-wtth
signage and lack of vtsibtltty of tile •rcllllldiH .... creates Mrts on the
streets. SIie suggested tlle trees be replaced wttll pluters IIICI 1• growing
ever..-s. 111 addttton, slle f•ls tile aerchaats .. 1d be an willt .. to ta-
prove fro11tage appearace If tile City's INltldt .. restrtcti•s ....... t so
strt..-t. SIie also c-ted IIPINI tlle traffic ,atten lleWIIII ._tola E11-
9l...ood IINI Ctnderella City, IIICI • -..si.1 tllat c..cn loelt at WIJS to
iaprove tllh pattern.
(e) Doll Seymur, 4750 South Lt,-Stl"Nt, ~ tut ..,.ryw
should be allowed to do lllhat they Wlllt ta tiletr -~ u 1 ... as It does
not bother llts 11etgllbors. He agrNd derelict •tcles .._ld lie,....,..., ....
he said he does 110t understand the SIOO fee •tell -ld U... •••tt tile Ml ·
cle to ,-111. He SUNC!.l eJ tllat derelict •tcln M ......... llllt tlMit llellby
velltcles sllould 110t be restricted.
C:...11 lllllber Clayten explatlled tlle ,,_tH ef tile SlOO ,....1t fN. llr.
Seyaur sttll •s of tile apt11i01 tllat ,-,1 .. tile f• U... ,eraitted saetllt ..
•tell ts 111•1 ud a detrt-t to tile ~tty.
(f) Clleryl Ealny, lH East DlrtaNtll .,_, stat.I tile ,..,1 • .._ld
llawe to -rid ef deNllct •tcln; If tlley de aet cea,ly tlley .._,~ lie
ft•. I.._Nr, slle does ..t llelt..,. It ts --·s ... tws te -tter ....,
•tcln Hell as Mlts as, ... u tlley are ua,t ta a •atce ,1ace• ail •decat
1 ....... SIie elt,jectell te tile $100 ...... t ,._ •tell U... •11--to
uep a derelict velltcle • tiletr ,.......i,. SIie .-.u .. tile City's rttllt to
dlarte tile ctttnas ster• fees te steN ....tltt .. • tiletr -,...,...iy,
tMf"llly tint .. Eagl.....a tato a •,tt Ster ... let .• SIie NC 711111 cl ... 1 ..
IP tile Cit,, akt .. ,..,,. re.,...tble fir tiletr .......-\Jail let tuat .. ,....
alts to allow tllea to uep .,......s. TIie 1 ... ltty ef tile legtslatt• •s
discussed .
llr. PHH [AgeMa It• • (a)) ret.raed te tile ...... -......... allNt tile
1tce111tng provt1t1111. City AttorNJ Dlllttt n,lat• tile City's ,....tt fN
did 110t tttle tile Miele fer .,....u .. • tile strNt; lie fwtMr ,..,1 11111 to
llr. PasH tut tile ,-...tt ts a -tct,al ,...1att•, aet a state ,...1,u ...
,. C-tcatt--... ladt-
(a) alllCIL -•-, -· • n • • 11 MCIPf 1111 lllllf M IDIIIIITI• W LIii LI...U. flll --W WIWI -ll'fUI.I .
lls. Nau.a, ~tell .,.. lls . Utlltllall 's 1 ... ·tt• e1111ttalltt • sentce
to tile tty .
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Au9ust 19, 1991 -Pate 5
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Ayes: Council Mellbers Gulley, Hathaway, Wi99ins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
10. Public HHr1nt
No public hearing was scheduled before Council.
11. a,,roval on second 1Nd1nt
There were no item to be considered on second reading.
12. Ordinances, lnolut10M • M1ons
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(a) Director wanush presented a recam1ndation froa the Department of
coauntty Developat1t to adopt a resolution supporting an expansion of the
existing Arapahoe County Enterprise Zone to include basically all of the
retail c-rcial areas wtth1n the Ctty. He stated that the cities of
Sheridan and Littleton are both adding SJJall areas to the Enterprise Zone. If
approved by Council, the app11cat1on wtll be sulatttecl to Arapahoe County C•·
atsstoners, who in turn will sulatt tt to the State for ftnal approval. Mr.
Vanush explatnecl the exclusion of Ctnderella City. The resolution was assig-
ned a nuaber and read by t tt 1 e:
RESOLUTION NO. 69, SERIES Of 1991
A RESOLUTION SUPPORTIIC THE ARAPNIO£ COIIITY ENTERPRISE ZONE EXPANSION REQUEST.
CIIIICIL -CU'111 .... -IT 1M • IIB, 11 ..... --.uTI• •.
It, BID W 1111.
Mr. Clayton stated this ts reflective of EnglellOOCl's leadership in the South
llltro area tn s...,ort of econoatc c1eve1...-t; he ..,.s tll1s •111 be beMfl-
cial to local businesses. It •s confil'WICI tlle upaadecl E11terpr1se Zone ts to
include property on lllhich Burt Chevrolet ts located (south of lellevt•).
Discussion ensued concerning the financial t11pact to the City, _..,ch should be
positive. The statistical distress indicators .. re discussed.
Vote results:
Ayes:
Nays:
MotiOII carried.
Council lllllbers Culley, Nath-,, Vi91ins, Bullock,
Clayton, Habenicht, Van Dyu
None
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(b) Director Vanush presented a recOlalftdation froa tN Departaent of
coauntty Developat1t to adopt a bill for III ordinance approving a lease
betwen the Ctty and Swedish Nedical Office ..,tlding Ill, Ltd., for the pur-
pose of c011structing a pedestrian bridge cOIIMCting tN parking pra,e to the
office building.
The City Clerk •s asked to read Council 1111 lo. 40, entitled:
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Englewood City Council Minutes
August 19, 1991 -Page 5
Ayes:
Nays:
Motion carried.
10. Pult11c Near1nt
Council Nellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
No public hearing was scheduled before Council.
11. -..,...Val on SecGnd INdtnt
There •re no itas to be considered on second reading.
12. ON1nances, 1Nolut1ons aM 11Dt1ons
(a) Dtrector Wanush presented a recaaendation froa the Departaent of
c-tty Developaent to adopt a resolution supporting an expansion of the
extsttng Arapahoe County Enterprise Zone to include basically all of the
retail c-rcial areas within the Ctty. He stated that the ctties of
Sheridan and Ltttleton are both adding saall areas to the Enterprtse Zone. If
approved by Council, the application will be sulaitted to Arapahoe County Coa-
atsstoners, who tn turn wtll subait tt to the State for ftnal approval. Nr.
Wanush explained the exclusion of Cinderella Ctty. TIie resolution was assig-
ned a number and read by ti t1 e:
RESOLUTION II). 69, SERIES Of 1991
A RESOLUTION SUPPOITlllli THE MAMtOE COIIITY ENTERPRISE ZONE EXPMSION REQUEST.
CIIIICIL -a.AYTIII ..... -IT IN m111a. Tl MlfllllE ........
It, BID If' lttl.
Nr. Clayton stated thts ts reflective of Englewood's leadership in the South
Metro area 111 support of ecOMatc developaent; he !lopes tilts wtll be beMft-
ctal to local businesses. It was conftraecl the expanded E11terprise Zone ts to
tnclude property on llllltch Burt Chevrolet 1s located (south of Belleview).
Discussion ensued concerning tile ftnanctal tapact to the Ctty, whtch should be
positive. The statistical distress indicators •re discussed.
Vote results:
Ayes:
Nays:
Motton carried.
Council lllllbers Gulley, it.th-,, IUggtns, Bullock,
Clayton, Habenicht, Van Dyke
None
(b) Director Wanush presented I rec....satton fna tile Departaent of
Coauntty Developaent to adopt I btll for u onlt11111ee approvt119 1 lease
betlfNfl the Ctty and s.dtsh lllldtcal Office Butldt119 Ill, Ltd., for the pur -
pose of constructt119 a peclestrtu brtdge c011MCtt119 tile parkt119 prate to the
offtce butldt119.
TM Ctty Clerk ... , asked to read COUIICtl 1111 No. 40, t11t1tlld:
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Englewood City Council Ninutes
August 19, 1991 -Page 6
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COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL NENBER HATHAWAY
A BILL FDR AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY Of ENGLEWOOD AND
SWEDISH NOB Ill PARTNERSHIP, LTD., TO OBTAIN AIRSPACE OVER PUBLIC STREETS.
CGUIICIL IUIO HATNAIIAY IIOVED, MD IT IIAS SECCN>ED, TO AffllOY£ MED ITEII
lZ(b) -CGUIICIL llll IMt. 40.
Questions arose concerning the potential visibility probleas at the corners
of Haapden and Clarkson and Girard and Clarkson. City Manager Fraser offered
to provide addtttonal inforution concerning these areas before Council 8111
No. 40 is presented for second reading. Potential ice hazard due to the shade
of the walkway was aentioned as a concern.
Vote results:
Ayes:
Nays:
Notion carried.
Council Nellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(c) Director Fonda presented a recOlll&ftClation froa the Water and S...r
Board to approve a license agl'NMnt with Retional Transportation District
(RTD) for expansion of the Nineral Avenue Park-N-Ride.
The Ctty Clerk was asked to read Council 8111 No. 56, entitled:
COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL NENBER GULLEY
A BILL FOR AN ORDINANCE APPROVIIIC A LICENSE AaEEJEIT l(MEN THE CITY Of EN-
GLEIIXJO AND THE REGIC*AL TRMSPORTATICII DlmlCT (RTD) FCII Ell:LOSIIIC All>
CROSSING THE CITY DITCH FOR THE PURPOSE Of CCIISTIIICTINC AN EIMISICII Of AN
EXISTING PARIC -N-RIDE.
CGUIICIL IIElaEI Ill.LEY IIDIID, -IT IIAS IB1119, lO ...... --ITIII ll(c)
• CGUIICIL IIU IMt. II.
Ayes: Council Nlllbers liulley, Hathalay, IH19ins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Notion carried .
(d) Ctty Attorney Dellttt requested that AIJellda It• IZ(d) be tabled .
CGUIICIL IIElaEI al.LOCI IIMD, -IT IIAS W, 11 TIAI -ITBI 11(,).
Ayes : Council Nlllbers liulley, Hat"-Y, lf1"1ns, 11111eck,
Clayton, Habenicht, Van Dyke
Nays : None
Not ton carried .
(e) Director Esterly prese11tecl a recelalNClatt• f,-U. De,artaat of
Public Works to adopt a b111 for an ordtnuco approv1ftl a c.trect wttll U.
Colorado Dtpartllttlt of Transportation to conduct a traffic foast,tltty st.,y
of State Ht9'*ay Z85 . Tho City's share of ttw pro,osod contrect ts SH.•;
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Englewood Ctty Counctl Ntnutes
August 19, 1991 -Page 7
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funds are budgeted in 1991. The schedule of resultant projects was discussed;
Mr. Esterly was requested to stress beautification of the corridor.
The City Clerk was asked to read Council Bill No. 58, entitled:
COUNCIL BILL NO. 58, INTRODUCED BY BULLOCK
A BILL FOR AN ORDINANCE APPROVING A CONTRACT BETVEEN THE STATE OF COLORADO
HIGHWAY DEPARTMENT AND THE CITY OF EN&l.EIOJO FOR A TRAFFIC FEASIBILITY STUDY
OF COLORADO STATE HIGHWAY 285, FRON SOUTH SANTA FE TO BIIOADIIAY.
CCIUIICIL IEIIEI IUU.OClt IIDVED, -IT IIAS SUGIIIED, TO AnlOft --ITEII
lZ(e) • CCIUIICIL IIU m. II.
Ayes: Council Nlllbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
(f) City Attorney DeWitt presented a recoaaendation to adopt a resolu-
tion designating the bulletin board in the lobby of Englewood City Hall as the
official posting place for all notices of the City of Englewood. Each board,
c._isslon, authority, and c-ittH is responsible for posting the notices
and agenda of its aeeting; the City Clerk ts charted with kHping the bulletin
board In good order. Security and possible future locations wre discussed.
The resolution was assigned a nUllber and read by title:
RESOLUTION NO. 70, SERIES OF 1911
A RESOLUTION DESIGNATING THE IUI.LETIN .., IN THE u•v OF ENGLEIOJD CITY
HALL AS THE OFFICIAL POSTllli PUCE FOR All NOTICES OF THE CITY OF ElliLEIIOOO.
CGUIICIL IEIIEI IIAIEIIIClff IMED, -IT IMS SUGIIIED, TO ..... IUIUll'I• m.
70, SOUS Of 1111.
Ayes:
Nays:
Mot ton carried.
Council ......-S Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habeftlcht, Van Dyke
None
13. .....,..1 Discussion
(a) Nayor's Choice
(I) Nayor Van Dyke w lcoaed Counc 11 ,....r Gu 11 ey, and she sugges -
ted that during Ns. Gulley 's tera she serve on the •-boards and coalttHs
that Council Ntlllber Koltay had been appointed to. After discussion,
MYII WM ME .... -IT IMS BIIIB, 11 ...... CIIKIL ... -.uY TO
SDft as a .... o, TNE -n•• -• .... an • TNE ..... _.,
1£TIMIDT ..... -Tl IDlllllff TIii cm .... ..alJClff calllTTH.
Ayes : Counctl .....,.. Natll-,, lflWtH, •Hock, Clayton,
Habefttcllt, VIII Dyb
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August 19, 1991 -Page 8
None
Council tlellber Gulley
Nays:
Abstain:
Motion carried.
( 11) Mayor Van Dyke announced the Clean, Green and Proud Coa1s-
s1on is holding its first annual benefit golf tourn8118ftt on August 27, 1991.
She suggested Council aay wish to support the Coa1ssion's fund rahing ef-
forts by participating in the tournaaent, donating the toumaae11t fH of S50
for those lllllbers wishing to play. Mayor Van Dyke and Council Nellber Hathaway
proa1sed the tourn .. nt 1s geared mre toward fun than skill.
MYGI IM DftE IIMD, -IT IIAS SB .... , TO APflllft CIUIICIL'S NITICINTI•
•• TIE DII EMNI' CLUII, IIEEII -... CIIIIISSl.'S IIIIEFIT IDLf Tllatl:111111' I
DIIATI• IIBDIMY FW ,_ TIE AID TO 111B MBICIES M:CIIIIT.
Ayes: Council Nellbers Gulley, Hatha,ay, Wiggins, Bullock,
Clayton, Habefticht, Van Dyke
Nays: None
Motion carried.
(b) Council Mellber's Choice
(1) A resolution appointing a representattve of the Englewood
School loard to the Parks and RecrutiOft c-issiOft was considered. The
resolutton was asstgnecl a nUllber and read by title:
RESOLUTION NO. 71, SERIES Of 1991
A RESOLUTICII APPOIITIN& CMOl. l(LT, A R£PRESOOATJV£ Of THE Ellil.EIIXJD SCHDOl
IOARD, TO THE PAlllS -RECl£ATICII CGIIIISSICII.
CIUIICIL ............ -IT -SBIIID, " ...... ••un• •.
71, SEIIES • ltll.
Ayes: Council Nellbers Gulley, Hatha,ay, Wiggins, Bullock,
ClaytOft, HabNicht, Van Dyke
Nays : NOiie
Motion carrted. Ms. Belt's appotntant expires February I, 1992.
(II) A resolution concerntng COIIP8ftS1ttOC1 of Nuntctpal Court As-
sociates Judges was constdered. The resolution was asstgMd a nUllber and read
by tttle :
RESOLUTION NO . 72, SERIES Of 1991
A RESOLUTION ESTA1l1SN1N6 CGll'OISATICII FOR THE UICIPAl CUT ASSOCIATES
JUDCES FOR THE CALOIN YEM 1992.
CIIKIL ... IUUICI MID, -IT IMS B1119, ll ..... IDILll'I• ••
71, SEIIU • ltll •
Ayes:
Nays:
Motion carried.
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Englewood City Council Minutes
August 19, 1991 -Page 9
(111) The endorsement and 1181111,ershtp fees of $75 for the Colorado
Children's Caapatgn were discussed.
CCIUIICIL IEIIEll IIIIIINS IIOVED, _, IT IMS SECCIIDED, TO 5WPOIT _, APPIOVE lHl
IEIIEllSHIP FEE Ill THE MIIIIIT OF $75 TO THE IBM( OF THE CHILD COALITIOII,
Ayes: Council Nellbers Gulley, Hathaway, lltggtns, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motton carried.
(Iv) A resolution urging the National League of Ctttes to support
legislation concerning toxic cleanup and equity was considered. The resolu-
tion was assigned a nUllber and read by title:
RESOLUTION NO. 73, SERIES OF 1991
A RESOLUTION URGING NATIONAL LEAGUE OF CITIES SUPPORT FOR THE TOXIC CLEANUP
EQUITY AND ACCELERATION ACT Of 1991.
CCIUIICIL IEIIEll cun1111 IIMD, ,., IT IMS SECCIIDED, TO APPIOVE USOWTJOII NO.
73, SDIES OF IHI,
Ayes:
Nays:
Motton carried .
Council Nellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
( v) Counc t 1 lllellber C 1 ayton expressed concern about certa t n hON
occupations being allowed; he suggested that the code enforcaent officers be
cautious about the types of business that are pen1ftted as a hoa occupation.
(vi) Council lllellber Habenicht:
1. She coaented upon an article written by Luanne Nickelson concerning
older adults; she stated the City ts fortunate to have 111Ployees of Ns.
Ntckelson 's caliber .
z. She will be working wtth safety Services Executive Director Olson fden ·
tffylng sections of the Ctty that do not receive audible signals froa the
warning sirens .
(vii) Council .....,.r llfgglns :
1. He expressed appreciation for the striping of the turn slot at Gilford alld
Broadway .
Z. He stated he enjoyed the Cfty 111Ployees' ptcntc and cc rncled the Pfcnfc
COllllttee for thefr efforts .
3. He Inqu i red about the storage of vehicles fn the 5100 block of South
Broadway next to the DentaHealth butlclfng . Cfty ....... r Fraser c-ted tllat
staff ts working to alleviate the probl ...
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Englewood Ctty Council Ntnutes
August 19, 1991 -Page 10
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4. He inquired about the rebuilding of the brtdge over the fluae in Belle-
view Park. Director Esterly advised that staff ts looktng at the site and a
report will be forthcoaing.
(viii) Council Nlllber HathMA.Y:
l. She provided an update on recent resignations froa the Englewod Dowltown
Developaent Authority; she advised that recoaendattons concerning appotnt-
•nts wtl 1 be forwarded to Ctty Counci 1. She coaented about the vacant Ex-
ecutive Director position.
Z. She inquired if a copy of Resolution No. 67, Sertes of 1991, had bNn
sent to Denver Regional Council of Govenaents tn acconlallce wtth her •tton
of August S, 1991. City Manager Fraser conftrad the letter and resolution
had been forwarded per her request.
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3. She requested that a copy of ResoluttOft 73, Sertes of lttl (Ateftda It•
13(b)( iv)) be available for her to tran•tt to DellVer legtOMl Council of
Governments at its aeeting Wednesday, August Zl, 1991.
4. She inquired about approaching Congressaan Schaefer c011Cerntng ACCE
(Aaertcan toaunities Cleanup Equtty). The toptc was discussed and general
consensus reached that there ts a great dNl of value in the various Council
Mellbers utilizing their legtslattve COfttacts in thts regard. Nayor Yan Dyke
suggested coordinating these efforts through the Ctty NaNger and the City
Attorney.
(tx) Council .._..r Culley expressed appreciattOft for the war,a
welcoae she has received froa Co.ctl Md staff.
14. Ctty .......... s llf)ort
Mr. Fraser did not have any aatters to brtng before Council.
15. Ctty Attorney's llf)ort
(a) Mr. Delfitt, tn connecttOft wtth 9ftCla It .. 13(b)(ttt)(4), requested
Council to advise ht• regarding their congresst011al contacts tn order for ht•
to build a data bank.
(b) He requested dtrecttOft froa C..Ctl as to • should represent the
City at the upcoaing ACCE ... ting tn Lakewood, date as yet unlulcMI. After
discuss ton,
CCIUIICIL IIEIIIEI •nw, MIii, • n as m111a, ,. TIii c1n " • .,._
smm n •• •• nc1 • CIIIICIL -cuna. Ayes : Counctl -...rs Culley, NIU.-.,, IU11tns, .. llock,
Clayton, Habefttcht, ¥111 Dyu
Nays: NoM
NotiOft carried.
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En9lewood Ctty Counc:11 lltnutn
Autust lt, 1911 -Pate 11
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(c) Mr. Dellitt transaitted copies of the court decree retarding the
property beint transferred to the Nalley Center for its proposed expansion.
He explained briefly the technical probleas of the transfer.
(d) He shared copies of an article W11ch appeared in the EPA Journal
concerning public opinion po11s/env1roaental issues. He strontlY urved Coun-
cil to read the article in its entirety.
16. M,touramnt
CIUIICIL .... MTIIMIAY ... Tl ..... TIie -ting adjourned at 10:00 p.a.
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We, the undersigned citizens of Englewood, Colorado, do hereby
petition the honorable aellbars of the Englewood City Council to
reconsider portions of Ordinance 11, Series 1991 and to aaend the said
ordinance so as to eliainate unreasonable interference with our
individual and collective pursuit of happiness as guaranteed by the
constitution of the United States of Aaerica, to wit:
Whereas, Title 15, Chapter 5, Section J is detriaental on its
face to the free selection of the hobby of preserving, restoring, and
aaintaining a actor vehicle; and
Whereas, aotor vehicles are an iaportant part of the history,
growth, and prosperity of this county; and
Whereas, the selection of a hobby of so pre .. rving cultural
artifacts is both hwaanly healthy and culturally honest; and
Whereas to deprive a citiaen of this opportunity is
detriaentally .. 1ective and punative; and
Whereas such action is haraful to the ~ity it is purported
to .. rve;
Be it theretac requ-ted that the city council a.end Title 15,
a.aptar 5, 8ectipn"3-t:o incr_ .. the nUllber of allowed hobby vehicles to
a aore reaaonable nUllber and that the fee for sucb be reaoved or that
sucb _.tea of r ... be iapoeed uniforaily upon all persons engaged in
all bobbya.
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We, the undersigned citizens of Englewood, Colorado, do hereby
petition the honorable 11811bers of the Englewood City Council to
reconsider portions of Ordinance 11, Seri•• 1991 and to aaend the said
ordinance so as to eliainate unreasonable interference with our
individual and collective pursuit of happiness as guaranteed by the
constitution of the United States of All8rica, to wit:
Whereas, Title 15, Chapter 5, Section 3 is detri .. ntal on its
face to the free selection of the hobby of pre .. rving, restoring, and
.. intaining a aotor vehicle; and
Whereas, aotor vehicles are an iaportant pert of the history,
9rovth, and prosperity of this county, and
Whereas, the selection of a hobby of so preserving cultural
artifacts is both huaanly healthy and culturally honest; and
Whereas to deprive a citizen of this opportunity is
detriaentally .. 1ective and punative; and
Whereas such action is haraful to the coaaunity it is purported
to .. rva,
Be it therefor requested that the city council ... nd Title 15,
Cbapter 5, Section 3 to increa .. the nUllber of allOlfed hobby vehicle• to
a aore reasonable nUllber and that the f88 for such be reaoved or that
such •Y•t-of f88s be iapoaed uniforaily upon all persons enga9ed in
all hobbys • ....
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We, the undersigned citizen• of Englewood, Colorado, do hereby
petition th• honorable llellber• of the Englewood City Council to
reconaider portion• of Ordinance 11, Seri•• 1991 and to ... nd the aaid
ordinance ao a• to eliainate unreasonable interference with our
individual and collective purauit of happine•• a• guaranteed by the
constitution of the United Stat-of America, to wit:
Whereaa, Title 15, Cbapter 5, Section 3 i• detriaental on it•
face to the free -lection of the bobby of preaerving, reatoring, and
Mintaining a aotor vehicle; and
Whereaa, aotor vehicle• are an illportant pert of the hiatory,
c,rowth, and proaperity of this county; and
llhereaa, the ••lection of a bobby of ao preaerving cultural
artifact• ia both huaanly healthy and culturally boneet1 and
llherea• to deprive a citizen of tbi• opportunity 1•
detri.Mntally -lective and punative, and
llbereaa auch action i• haraful to the coaaunity it i• purported
to -rv•:
.. it therefor requeated that tba city council a.end Title 15,
Cbapter 5, Section 3 to increaae tbe nuaber of allOIMd bobby vellicl-to
a aore ~l• nUllber and that tbe fN for auab be 1.aoved or that
auab ayatea of r ... be iapoaed uniforaily upon all penona engac,ed in
all bobbya • ....
~·~ J.cc,• '/,2, £ • 4+,p, ,4 ll.es, t ~,,. d I Co,n//0
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we, the underai911*1 citiaena of Bnglevood, Colorado, do hereby
petition the honorable aeabera of the Bnglevood City Council to
reconaider portiona of Ordinance 11, serlu lttl and to ... nd the -id
ordinance ao a• to eliainate unreasonable interference vitb our
individual and collective pursuit of bappi ..... aa 4JUaranteed by the
constitution of the United Statu of Aaerica, to wit:
llbereaa, Title 15, Chapter 5, Section 3 1• detriaantal on ita
face to tbe free -lection of tbe bobby of preaervi119, natori119, and
-1ntaini119 a aotor vebicler and
llbereaa, aotor vebiclu are an illportant part of the hiatory,
powt.b, and prosperity of tbia county, and
.._._., tbe -lection of a bobby of ao preaer,,1119 cultural
artifaota 1a both buaanly bealtby and culturally bonaetr and
llbereaa to deprive a citiaen of tbi• opporbnity 1•
dal:ri-.tally -leot:ive and punativer and
-.reu auclb action 1a barafUl to tbe i, 1 1 anity it 1a purported to..,,.,
.. it tlluefor requNted tbet tbe city council ....... Title 15,
e 11:er •, a.atlaa J to 1-tbe INllll•r of all...S ......, velliol• to
a we n:H:naltle .... ar and tbet tbe f• for auclb Ille reaa"Nd or tbat _..,.a.of tw Ille ialloaed unlforaily upon all penou •••••din
all baltltp. -
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We, the underaigned citizen• of Englewood, Colorado, do hereby
petition the honorable aeaber• of the Englewood city council to
reconaider portion• of Ordinance 11, Seri•• 1991 and to ... nd the aaid
ordinance ao •• to eliainat• unreaaonabl• interference with our
individual and collective purauit of happine•• •• 911aranteed by the
conatitution of the United stat•• of Aaerica, to wit:
llbereaa, Title 15, Olaptar 5, Section Ji• detriaental on it•
face to tbe free Hlection of the bobby of preaarvi119, reatori119, and
Mintaini119 a aotor vabicle1 and
llbereaa, aotor vabicl-are an iaportant part of the biatory,
c,rowtb, and proaperity of thi• county, and
llbereaa, the Hlection of a bobby of ao preaervinv cultural
artifact. 1• both buaanly healthy and culturally bonaat, and
llbereaa to deprive a citiaan of thi• opportunity i•
detriaentally Hlective and punative, and
llberea• aucb action 1• baraful to tbe ~ity it 1• purported
to Hrve,
.. it therefor requeated that tbe city council aaend Title 15,
Olapter 5, aection J to increaaa tbe number of allowed bobby vebicl-to
a aore reaaonabla nuaber and that tbe fN for aucb be naovect or that
auab ayaua of fw be iapoaed uniforaily upon all panona anvll99d in
all bobbya • ...
~~,!::-~ ~~i!:il ~ w~. µ. 'i.' -'-(,
i<'ll S ~ Wd~h .,ia i.J C,~
~~ .. ~'\ So-C1r~ ' ~ I! 1-Dl:f!cU
~ !sfi,."" tk.a 4o'J..r s.12 {w .. w. • a. I -a1:·y2~
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We, the undersigned citizens of Englewood, Colorado, do hereby
petition th• honorable llellbers of the Englewood City Council to
reconaider portions of Ordinance 11, Seri•• lttl and to ... nd the said
ordinance so•• to eliainate unreasonable interference with our
individual and collective purauit of happine•• a• guaranteed by the
conatitution of the United Stat•• of America, to wit:
Whereas, Title 15, Chapter 5, Section Ji• detriaantal on it•
face to the free Mlection of the hobby of preaervi119, reatori119, and
aaintaining a aotor vehicle: and
llbereaa, aotor vehicl-are an important part of the hiatory,
9rowth, and prosperity of thi• county: and
Whereaa, the .. 1ection of a bobby of ao preaervi119 cultural
artifacta i• both buaanly healthy and aulbarally boneat1 and
Wherea• to deprive a citiaen of tbia opportunity 1•
detriaentally .. 1ective and punative, and
Wherea• aucb action 1a baraful to the coaaunity it i• purported
to Mrve,
Be it therefor requ-ted tbat the city council aaend Title 15,
Chapter 5, Section J to increase the nllllber of allowed bobby vehicl-to
a aore reasonable nllllber and tbat the f• for aucb be reaoved or tbat
aucb ayatea of fw be iapoeed uniforaily upon all penona 9111aged in
all hobby• • ....
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~'-fa ~. a.lMN&5~~'t. £".(r.(E.I
~a ," ~~.12 !lQit::.. J. Mi . j..._J-""fl. Jl.1 6,4daL LJ -d
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Zqlnood DcNDtown Dnelo,-nt Authority
Firat Interatat• TOIier luildial
3333 South laalloek Street
Suite 1480
Zqlnood, CO 80110
Atta: Conan Cloe•
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Aquat 15, 1991
It 1a wttla aacll npet _. nlactaace that I t-,.r -, reaia-
-uoa aa a .... r of die 111&1.-od DRat-Daftio,..t Authority.
S-neeat ,.nau1 trillalatiaM OftT IIIDl relat .. tacU.u
haw &iftll uae for -to coptate ..--, affecti,...... aa • IIIDl
boari ..... r. Pluae ~t tlaat ., ._..._ ....... tlaollpthllJ
..ct with .. rwt r..-. for die coatiwd affecti,..... _. Hn111
of tba board.
It baa he tnlJ a nardtaa apert.enea ill ... tq tho IIIDl
dftelop illto a reepect ... colleelw _. prodactlw orpalaattaa.
Today. the IIIDl 1a biplJ ne,-ct ....... p1M4 die UHHt of
the eatln c-ltJ -•lww. dtlaw _. the dtJ ...,.ate-
tratloa. llot too 101ll aao. • wn reprded otbol'viN. lillJlJ.
tbia ... adl1ffed tlaraap all ........... n wnUai t ..... OU tub
oa .._. vitbollt Wiriaal latereeu _. ,n.t.Uca. 'lla1a we the
bJ to our eacc ...
aw aa a ._..._ ...Ut.-t la 11111...-... ,. 111 0 I Mk tlaat
,-coatlaa to Nflla • la die -u.c _.. • ,-1law NnN
la tbo ,-c. Vitlao.c ..-tweacta0 I "'11 ~ die IIIDl ...... •
die 'N'CJ cos of tbo ._ ..... r tty la ... , .111.
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CITY MANMilA°S omCE UIQWIIOOO. C)O
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ENGUWOOO DOWNIOWN DEVELOPMENT AUTHOIITY
rn1 lnlcnUlc ~ luildin9
l3ll SooM1 1n10C1< swa
S..."480
~(080110
Pt,onc )0)/781. 7alS
August 14, 1991
Gordon Close
Melody Music and sound
3470 s. Broadway
Englewood, CO 80110
Dear Gordon
and the Rest of the crazy People on the BODA Boarfl of Directors:
I have acme good neva and I have aoae bad news. The good news is,
I -not going to be in trouble the next ti• I ais• an~ board
... ting 1 the bad newa is, I -really going to aiu not being a
part of another EDDA board ... ting.
You SN,
a.
b.
c.
I have been:
Prolloted to
Picked to.
selected to
Resorted to ...
All of the Above
• • • run the nw Safway •tore at ICen CUyl and Pierce in
L •• L •• LL ••• LI.LL, Littleton. 'ftfenty yeara ave, Saf-y reacbed an
all-ti• low in its hiring pnctioa and bired .. , On AUrpaat 21,
1991 it will again sink to nw lcwa llben I -alla..ed to unlock tbe
doora to our brand new, deliflhUully different and beautiful new
store.
I want you all to know that it is vitb aixed eaotiona tut I aulait
this letter of reai9119tion, u I ..... never bad the opportunity to
open a Safway store, or the CJOod fortune of vorlti119 with suah
a fine pas tbe ~. CY•,.,,.. you aordoft.e)
the con~inued suaoeea .. tba~ the ~ now
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CR>DW«:E NO. 51
5mlES C£ 1991--
CDH:IL BILL NO. 40
nmuu::m BY CDH:IL
MIHIER ~'fflAWAY
AN amnwa APPR::ND«; A LFASE ~ THB CITlC C£ FJO.DOD HI) SIIIDISH Km
111 PAR'l'NmSHIP, L'ID. 'ID CBl'AlN AIRSPACE CM2l PUBLIC S'lm!!TS.
wtDFAS, it is necessary for the health, safety and wlfare of pena,s in
the axmunity using SWedi.sh Km III Partnership to have a safe means of foot
acx:ess between parking facilities and r-m III;
NCJf, "niEREta.E, II!! IT ~ BY THE CITlC CXIH:IL C£ THB CITlC C£ DGIJDD,
~. 'fflAT:
Section 1. 'lhe leue betwen the City of D,glalood, Colorado, and 9Wadish Km
III Partnership for &inpace ouer public streets is hereby ~-'lhe
leue generally ccnt&i.ns the following provisions:
1. 'lhe City of D,gl.ewood (Lessor) hereby agrees to leue a lp&Cl8 ouer
South Clarkacn Street betwen F.ut Girard A,,_.. and F.ut Halp!lln
AVl!!nUe not less than sixteen point fiw (16.5) feet lball9 said street
at its preaent grade, twelw (12) feet in width, and said apace llhall
not be 111>re than tletty ( 20) feet abolle its lowest elevation and is
described as follows:
An eas m ! at. for the ocnst.ruction aaintenance and operation of a
pedestrian overpass and for a pedestrian 1...-. and egress
acrou said ovmpass. 'lhe io...t point m the bottmi of said
overpass is at an elevation of 5385.05 feet U.S.G.S. daba. 'lhe
horizontal projection of said CPI I I at. is daa::ribed .. follcws:
A parcel of land situated in a part of bath ClAlrban su.t and
portions of the SE 1/4 of Saction 34, and the SN 1/4 of Slct.ion
35 all in 'lalnahip 4 South, bnge 61111st, of the 6th P.N., City
of D,glalood, County of Arlplhon, SUta of Colorado, bainl)
dncribed .. follows:
O:IINncing at the 9Dutheast aamar of said 8llction 341 thmm
Westerly alon9 the South line of •id a.ction 34, a disunce of
30.00 feet, to a point m the 11Nt riqht-Gf~ line of 8auth
Clarbcn 8trNt extended Sauth1 tlwlCe ltll'th alCft9 said atandlld
Mast riqht-Gf~ line a distalce of 25.0 feet to the
intersect.ion of said Mast ~-Gf~ line of 8auth a.ruan
Street with the Nol'th riqht-Gf~ line of BMt Hlaplln Avaue1
ti.nee Northerly along the lllaterly ric,wt-Gf~ li.M of 8auth
Cl.uan su.t a distAnce of lll. 50 feat. to the PODII' c:I
miJMNDG of this dncripticn1 tlwlCe aantilu1ng llonha'ly alCft9
Aid lfllstarly ric;ht-Gf~ li.M • distAnce of 12.00 teat.a thmm
f'.Mtftrly m a deflection .. le to the left of ,0003,34• a
disunce of 60.53 feet to the r..tarly r~-Gf~ li.M of
South Clarbcn Street; thmce lcutharly alal9 u.14 ..._ly
riqht-Gf~ line. a\ • deflection .. le to the left of
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90007'08• a distance of 12.00 feet; thence Westerly oo a
deflection anqle to the left of 89052°52• a distance of 60.49
feet to the Westerly right-<:>f-way line of South Clarksat Street
and the POINI' CF BffiINNnc. Containing 726 ~ feet, nore or
less.
2. Said lease shall run for a period of twenty ( 20) years fran the date
of the execution of said lease, provided,however, that Lessee may
terminate said lease at any time <lll'ing the twenty (20) year period
by giving Lessor clJe notice at least a,e (1) year prior to
terminatioo date. Lessor and Lessee agree to negotiate in good faith
for renewal of the term of the Lease qion the request of Lessee.
3 • 'l'1e rental payable to Lessor under said lease shall be the Ill.Ill of Ten
Dollars ($10.00) per year, to be paid in annual installments,the
first payment being clJe q,on passage of thia ordinance, and future
annual payments to be die thirty days prior to the avtual anniversary
date of said Lease.
4. Lesaee a,venants and agrees that q,on eiaecution of said Leue with
Lessor, it will in die course ocnst.ruct and erect in the leaed
airspace, an enclosed pedestrian skybridge which connects the parking
structure located east of South Clarkson Street to the Medical Office
Building located wst of South Clarkeon Street, Illich llkybridge to be
conatzucted will be used for the IIIDV'lllalt of pedestrians ~ the
parking structure and the office building Ooln8d by the Lesaee.
5. Lessee shall have plans and specifications for said sUucture
prepared by a registered professional mgineer and IA)fOll9d by the
City'• D,gineer, obtain all necesury permits, pay all prq,er fw,
and OClll)ly with all building and ZIOl\ing regulatians of the City.
6. Lenee shall safely maintain said structure and regulate the ua and
oocupmc:y thereof.
7. Lesaee shall maintain and keep in farce claring the terll of said i....
pmlic liability insurance in the a:utt of Five lbldred 'ftDasand
DollMW ($500,000) for an indiviclal. claia and Ona Million Doll.an
($1,000,000) for 1111ltiple claias arising cut of an aocidlnt involving
said structure or the u.. or occupancy of the lNNd ~.
Leuor shall be held harlales• fraa All claia, 11.abilitiee, or ca..
of action arisi119 Qlt lff/ injury to lff/ peracn, peraa1is er d-,. to
re l or penonal prq,erty arising cut of ccnat.ruction, ~.
uucticn or dialantling of uid st.ructunt.
8. ln the event the City should nicpire the me of, er tMa part er all
of said office buildings or par1ting structure camected by the
pedllst.rlan llt)tlcid:Je, the LNN lalld ta11inat:a. 1--lhall pay
N:h charcJN u ,uy be incurnd by LeNar fer raoval of the
faciU tee, ut.Uiti• or st.nactures bet:MNn the~ linN er undllr
the uld pecfiNt.ria\ squidl)e.
9. r..-shall not place lff/ si911 en the Qltaicll of the atNc:tun.
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10. In the event of the dest.ructial of said structure by an act of God,
public enemies, or by reuat of riot or insunec:tial, the lease shall
terminate and Lesaee shall not be ~ to pay any further rent to
lessor, unless leseee reconstructs the structure CX11111e1cing within
ooe year of the destructial.
11. Lessor my enter upon said prmiJles to view the conatructial of the
structure and require my and all necessary npairs aid alteratiala
thereto for the public safety and well~ing.
12. In the event of default of payment, Leuor my declare the tem of
said l.eue ended aid may take pouessian of the structure.
13. ~ teminaticn of i...., Lee8N shall yield 'I> the area wit:haut
further notice and ceJN the structure to be mmll9d or dllllolished.
Section 2. 'lhe llllp' and City Cledt are henby mthorued to sign and attest ..ra 1-ie for and en behalf of the City Oluncil and the City of lbJl.a«lod.
I~, read in full, and paned en first reading en the 19th day of
Auguat, 1991.
Publi.ahed • a Bill for III ordinance en the 22nd day of lluguat:, 1991.
Rw! by title and pMNd en final reading en the kd day of a.p .._ ,
1991.
Publilllwd by title • Ordlnaw::le No. _, &aria ot lttl, an the 5th day
of ....... , 19'1.
Patrlela I. &aw, clty cl-'
I, Patricia B. era,, City Clan of the City ot .. lamad, calonll:>,
ta.by oart1ty that the .,.. and ,..,..,,,. t.a • aue aw of the OEdt.nwa
paaad on final reading and ~ by title • OEdt.nwa IID. , llll'ia
of 19'1. -
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mIS U!ASB entered into as of the day of , 1991 between
and aaa,g the CITY CR OG.fX)(l), <XUJWX>, a nmicipal oorporatioo, 3400 South
El.ati Street, )'))gl.ewood, Ooloraib, and SliE)ISH KB III PAlfflG'JtSHIP, a Ooloraib
General Partnership, 501 East ~ Avenue, )'))gl.ewood, Ooloraib 80110.
'ftl8 parties hereto hereby OCJYeMnt and agree as follows:
1. 'ftl8 City of )'))glewood (Les90r) hereby agrees to leue a lpllCe auer South
Clarkson Street between East Girard Avenue and East Hlllpiln Avenue not
leu than sixteen point fiw (16.5) feet il>olle said atrNt at ita present
grade, blelw (12) feet in width, and said apace shall not be imre than
belty (20) feet D:M! its lowest elevation and is deacribed as follows:
An easaB\t for the oonstruction, lllllinunance and q,eration of a
pedestrian OYerpass and fer a pedestrian ingress and egress acrou
said CM!rpll8S. 'ftl8 loast point en the batten of said OYerp&88 is at
an elevation of 5385.05 feet U.S.G.S. datm. 'ftl8 horiacntal
projection of said eu ,t is daecribed u follows:
A parcel of land situated in a part of South Clarbon Street and
porticns of the SE 1/4 of Section 34, and the Slf 1/4 of Secticn 35
all in 'l\:Jwnship 4 South, Rmge 68 West, of the 6th P.H., City of
)'))glewood, County of Arapahoe, state of Ooloraib, being dnc:ribed ..
follows:
Ca'n!ncing at the Scutheut comer of Mid Section 34; thmce
Hesterly along the South line of Mid 9lction 34, a diatmce of 30.00
feet, to • point en the NNt ~-of...., line of South Clarban
Street extended South; thmoe North aknJ Mid exta,dad lillat
right~-vay line a dist:m of 25.0 feet to tha intenact.ian of Mid
West right~-.y line of Sauth Cl.uan StrNt with tha North
right-of-way line of r..t lllllplln Awnae; thMm llartJwrly aknJ the
Hesterly ric,tt-of-vay line of Scuth Cluban su.t a cliatanoe of
133.50 feet to the PODff rl m.DlfDG of this dNcript.ionJ thmce
continuing Northerly alalg Mid lllsterly ric#lt-of-4M)' line a dist:m
of 12.00 feetJ thmce r..terly on a dafiection qla to tha left of
90003,34• • distance of 60.53 feet to tha r.uterly ~-of-wy line
of South Clarbcn su.t; tMnCe Southarly alalg Mid r..terly
ric,tt-of-.y line, an • daflectlan qla to tha left of ,0007•08• a
distance of 12.00 feet; thmDlt Naaterly on a dllflection qla to tha
left of 89052 1 52• a diaunce of 60.49 feet to tha ...._.ly
ric,tt-ofJittaY line of South Claruan ar.t and tha PODfl' c:,
BBjnlfING. Containing 726 81f1An feet, mer i.u •
2. ffli• leue shall run for • pwiod of balty (20) ,-n frm tha date of
the -.cution of Mid 1-, pnwldad, ....,., that ...... my tandnate
said leue at wry tia cb:iJIIJ the~ (20) yaa-pa-iad bf CJirint 1....-
ct.ae not.ice of thair election to tallinata Mid 1-1n wit.lnlJ bf
regiatend or mrtified ..U, at. laut aw (1) yaa-prior to tam1nat.im
date specified 1n aid nouce. Said taadnatJm lhal1 nat ..._
effectiw until the llt.ructure is CICllllpl.nely 1aowd. i..... and r.-
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agree to negotiate in good faith for renewal of the tam of the Lease upcn
the request of Lessee or either of them.
3. 'ffle rental payable to Lessor by Lessee under this lease shall be the sun
of Ten Dollars ($10.00) per :year, "1ich rental shall be paid in annual
install.Jlents, the first payment being ciJe ~ passage of the ordinance by
fl'lglewcod City Council approving this lease, and future annual payments to
be clle thirty days prior to the annual anniversary date of said lease.
4. Lessee ocvenant and agree that upcn execution of said lease with Lessor,
they will in ciJe a:iurse construct and erect in the leased airspace, an
enclosed pedestrian skybridge which connects the parking structure lcx:ated
east of South Clarkson Street to the ~l office building located west
of South Clarkaon Street, ltlich skybridge to be oonst.ructed will be WJed
for the IIDll'l!ll8lt of pedest.rims mu1g the parking structure and office
building amed by the Lesaee.
5. Lessee shall have plans and specifications for said structure prepared by
a registered profeuimal engineer and approved by the City's !nginaer and
City I 9 Ou.ef Building lnspa:tor • 'ft1e structure lihaJ.l be CClllpleted in
e,ery reapect according to said plans and specifications and to the
satisfaction of the registend profeuimal engineer "1o ahall iiq,erviN
the oonstruction thereof. Laaw shall further cbt.ain the neoeaaary
pemits fnn Leuor foe the acnstruction of said IStructure and pay all
proper fees foe the ... , and ccnply with all building and llCning
ragulations of the City of D,glau,d and the state of O>lorado ~ Bhall
at ..., tiN be IA)licele to the particular structure, or the conatruction
and~ thereof.
6. Le9ae shall Nfely aainu1n said structure and nigu1ate the UN and
occupancy thenof ., that t'-atructure oe the use thereof vill not be •
hazard or danger to the paraans oe pcq,erty of the pmlic uaing the 11tnet
below said structure.
7. Laa.-ahall lMintAin and k8llp in farce cb-ing the ten of Mid :a...
pmlic liability insunnce in the~ Oil riw lllndred ~ DollAn
($500,000) for iml.tiple claim arising cut Oil • accidllnt invDlving Mid
structure oe the uae oe aoc::q,ancy of the 18IINd pnaiNII. 1.-.oc, in Mid
policy, shall be teld hara1ees frc:a all claiaa, liabilltia oe ClalN8 of
action arising cut of..., injury to ,ny penan, penana oe ~ to E9&l
or pencna1 piaperty arising cut of~. aaint.mance, dNUv::tion
or di.-itling of Mid structure oe frm the coli,... of Mid llt.ructun
"4\ic:h may ariae by reMDll of ,ny aterisl oe thing~ falling oe
being thrown fran uid structure. A certificate of insurance in Mid ...
to 8UCh effect, including r.euor • a party .lnaured, shall be dlpaaited
with the City Clerk of the city of D,glawood prior to the conatruction of
said structure.
MinJaa c:ovv-,e foe the tawtit of the City ahall a all uaa be the
aaant of MXiaa liability foe citi• Wldar the ODlondD ~
bllulity kt.
8lad1.eh tD lit Partrm'lhip apw to indanify and hold hereJ-the City
of DIIJl.alaod, ita offica'w, -.iave-, inaann, and •lf-iMur ... p,ol,
frm and~ all liability, claia, and S 1111, en amat of injury,
lou, or daalJe, of sry kind llwtec 1..-, "'1c:h -, •• cut of er .. in
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any manner connected with this Lease. If such injury, loss, or damage is
or is claimed to be caused in whole or in part by the act, Clllission, or
other fault of 9.ledish Km III Partnership, or any partner, officer, or
enployee of 9.1edish Km III Partnership, lessee agrees to inwstigate,
handle, respond to, and to provide defense for -,.y such liability, claims
or demands at the sole expense of 9oledish f«B III Partnership and agrees
to bear all other costs and expenses telated thereto, including court
costs md reasonable attorney fees.
Lenee shall indllmify and sawt harmless City, its officers, mployees and
agents, against lfly and all cl.aiJml, daalges, actialS or causes of action
and expense to lotu.ch it or they -.y be ld>jected by reuon of Leuee • s
installation being located within and acrms the prq,erty of the City or
by reason of say wm1t done er c:niuion lade by IAtsaee, its agents or
enployaes,in ccnnection with the ccnstructicn, operation, modification,
replacaBtt, maintenance, mpair or na:JVal of Leuee's installation. If
the oonstruction of all er any part of Lenee'• inatall.ation is to be
perfcmned by an independent mntractor under cxint.ract with Leuee, Leuee
shall ao notify City and shall incorporate the stipulations and conditions
of this Leue into the cxint.ract apecification and Ca\198 said irw:llpmdllnt
ocntractor to, prior to mwww.cs a at of the work, be llomsed and bonded
in -,unts and with CXlll*lia Slltisfactmy to City, "1ic:h will protect
City fraa any l.ou er dll-,. reaultinq fraa the work performd by the
ocntractor.
8. In the event of ccndaalatial of either or both buildings by any
~ authority or .,..:y recpirinq the uae of er taking all of, er
a a.jar portion of either aw er both of the buildings owned by Leuee
which are aomected by Nid st.ructun, to the actmt that either er both
buildings wcul.d not recJ1in the aontiDl8d 1ae of the atructure, this 1-
shall be t.eminated M of the tJa L8sw aa:1.aidan the UN and occupan:y
of Mid structure and building er buildinp and hna Mid structure
nlll:Jllled pursumt to this i.....
It is further w.dllutood that in the wt of aandamatial er acquisition
by any~ authority er -,.q of all er a put of either aw er
both of the buildings awnad by ...._, the val.ua of said avaa:t..s
structure er my l....tlold intaat Cl.'Mted haralndai.', lhall not be 1ft
e1-1t of dlllagea nor in -, wy be acnsidllnd u a fact« of valuatim
of the pcq,erty ~-
9. IAtsaee lhall, upon dallld by i..aor, pay auch ~ • .., be J.ncurnd
by Leseor for the ramwal of .., fciliti•, utilit!N or ~
betlaa'l the et.net linea and '8'lldKwth the ptqaowd st.ructUi.9 ""1dl ..
lllllda naceseary by rewin of the aorwtruction of the atructun.
10. Lea._ lha.11 not pl.,. my sign Cl'l the aata1d9 of the atructun.
11. In the wt: of the dlat:.N:tian of said strw:tun by an act of Gad, p.Dlk:
enades, or by reuan of riat or inaurncti.an, this i.e.. Nll tallinate,
and ...... shall not be ~ to pay .., f\11.tha' nnt to r......
HoNavar, in the -.t lallee llhaU noanat.cuct the structure, er ..,
portion tNnOf dlaoliahad, ~ within aw )1IMI.' of the dNtnctJan,
...... lhall pay Nllta1 for .,, S-iod 6a1.nlJ ""1dl the atl\lCbll'e ...
~ and inapantiw.
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CXUCIL BILL NO. 56
IN'1'IOU::m> BY <XlH:IL
MD&R WI.LEY
10 b
M almWCI APPR:NDG A LlCDa N.liCE&&l1' IE1'IUII THB cm r. l!Mil:FMXJ>
Ml> THB RlliICIW. 'DWlilOl'l'ATIClt DIS'DtIC'l' (Rm) fat IH:U8DG Ml) OUiSDG
'DE cm Drtal ,at 'DE PURPOSB r. <XIIS'DIC'l'D« M EXPMSIClt C. M l!XISTDG
PMK-N-mDE.
IIBl!'AS, the Rm already hu m mdstinlJ Paik N Rida at South Santa
l"e Driw an4 Minllral llVama and wiahN to acpll14 this Pck-N-Ride; and
lll!RDS, vi.th the oanatzucticn of aid epanaicn of the Rm
Park-N-Ri.49, the Rm wishes to encloee and crou a portion of the City
Ditch; and
IH!lmAS, the LiceMe AIJI. It ia mc:111ary in czdar to at forth
certain ieatrkticne llhlch oaul.4 neptiY8ly affect the water cpality and
wcul.4 neptiY8ly illlpact the City Ditch q,eratiana;
tDI, nW, • lT amAINID BY THE cm CDKIL r. 'DIE crrr r.
DD'aoJ>, <D'atNJO, NI fm.lall:
Secticn lo 'ftw U.C.-ArJr It IJab•an the City of l!nqlaa)d and
the Ra;lcinil ~ Diatdc:t (Rm) to aanauuct a Pck-N-Ricll
ml()INicn at NiMral ,..._ 1114 8Duth Santa h Driva ia hanby ~. A
ccpy of the U.C.-a,r 1t ia attachacl lwnto • Bllhibit A and
iliiCDCpanted hn9in by mfanuc•.
Sacticn 2. flw Nayar 1114 the City Clerk are hanby aathcd-S to sign
and attat thi U.C.-A1Jr It fer an4 en bahalf of the City Ocuncil an4
the City of l!nglalaad.
Intro41ced, read in full, 1114 paaad en fint readinlJ en the 19th
day of Au1Juat, 1991.
Plmlialwd • a Bill fer• Ordinance en the 22nd day of~. 1991.
RNd by title an4 pM-4 en final madiftl en the 3rd day of lllpee4Je•,
1991 •
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Published by title • <kdinance No. , Series of 1991, on the 5th day of Septent,er, 1991. -
ATl'IB'r:
Patrlcli R. Ct'CIW, city Clerk
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LICENSE AliREENEIIT
THIS AGREEMENT, •de and entered fnto as of the lO
day of · · MAY , 19 91 , by and between the CITY
OF ENGLEVOOD, a aunfcfpal corporatfon of Colorado, herefnafter referred
to as •ctty• and
RTD (REGIONAL TRANSPORTATION DISTRICT)
HEREINAFTER REFERRED TO AS •LfcensH, •
WITNESSETH:
The Cfty wfthout any warranty of fts tftle or fnterest whatsoever,
hereby authorfzes Lfcensee, fts successor, assfgns, to enclose a portfon
of the Cfty Dftch and construct an frrfgatfon lfne and electrfcal conduft
across the Cfty's rfghts-of-way for the Cfty Dftch,
Sftuated fn the ____ No ____ r_th.....al._/2 ___ _
of Sectfon ___ ..... 32 ______ , Towashfp ___ s ___ So __ u __ t ...... h __ _
Range _____ 68 ____ We_s~t;....__ of the ---"""6T""'H.___ ___ .P.N.,
County of Ar1pahoe, State of Colorado and lyfng wfthfn the followfng
descrfbed lfnes:
Nfneral Avenue alld SHta Fe Drfve
Part-I-It de
(See attached Nip)
l. The sfze of the enclosure pfpe Pill lie IQ•, 11 sholM on the
attached dr1wfn9.
2. Any constructfon conte11pl1ted or perforad under tllfs lfcense
shall coaply wfth and confora to standards fo,.lated by the Dfrector
of Utflftfes of the Cfty and sucll eo111tnctf011 111111 lie perforad and
coapleted 1ccordfn9 to the plans, c0111tstf119 of Oftl sheet, a copy of
wllfch ts att1ched hereto and •de a part hereof.
3. The ltcensH shall notffy the Cfty's Dfrector of UtflftfH at
least three (J) days prtor to the tf• of coaetlC .... t of the
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cons tructf on of, or any repairs made to, Lf censee' s enclosure of the
dttch and crossings of the ditch wtth trrtgation and electrical ltnes,
so that the Ctty may, in tts discretion, inspect such operations.
4. Wtthtn thirty (30) days from the date of t~e connencement of
construction of said enclosure of the dttch and crossings of the ditch,
the Licensee shall cOllll)lete such construction, and shall clear the
crossing area of all construction debris and restore the area to tts
previous condttfon as near as NY be reasonable . In the event and
the clearing and restoration of the crossing area fs not COllll)leted '
within the tt• specified, the City •Y coaplete the work at the sole
expense of the Licensee.
S. The Ctty shall have the right to uintatn, install, repair, re1110ve
or relocate the Ctty Ditch or any other of tts factltties or tnstallatton
wtthtn the City's rights-of-way, at any ttN and in such manner as
the Ctty deeas necessary or convenient. The Ctty reserves the exclusive
right to control all ease•nts and installations. In the event the
enclosure or crossings should interfere wtth any future use of the
City's rights-of-way by the City, the Licensee shall, upon request
and at tts sole expense, relocate, rearrange, or re1110ve tts tnstallattons
so as not to interfere wtth any such use.
6. Any repair or replacement of any City installation aade necessary,
tn the optnton of the City's Director of Uttlittes because of the
construction of the enclosure or crossings or other appurtenant
tnstallatton thereof, shall be aade at the sole expense of the licensee.
7. The sttpulatton and conditions of thts License shall be incorporated
tnto contract spectftcattons ff the construction herein authorized
ts to be done I contract basts.
8. The rtghts and prtvtledges granted tn thts License shall be subject
to prtor agreeaents, ltcenses and/or grants, recorded or unrecorded,
and tt shall be the Licensee's sole responstbtltty to deteratne the
extstance of satd doc ... nts or conflicting uses or installations.
9 . The Ltcensff shall contact and fully cooperate with the City's
personnel and the construction -shall be coapleted without interference
wtth any lawful, usual or ordinary flow of water through the Ctty Dttch .
Lfcenste shall ass ... all rtsks tnctdent to the possible presence of
such wattrs, or of stora waters tn the Ctty Dttch .
10 . All trenches or holes wtthtn the City's rtghts-of-way shall be
backf111td and tamped to the original ground ltne tn layers not to
txcted sh (6) tnches loose •asure to a coapactton of ntnety per ctnt
(901) Standard Proctor Maxt-Dtnstty .
11. To the extent pen1ttted by law, and subject to the provtstons
of the ColoradO &ove,,.ntal ,_,..tty Act, LtcensN, by acceptance
of thts ltcet1se, txpressly HSUNS full and strict ltabtltty for any
Ind all d ... rs Of every nature to person Or property CIUHd by water
froa the dttc 1Hlttfll through the ditch banks or ptpeltne at the potnt _,_
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or point• where the Lic•n••• parfonaa any work in connection•
with the croaaing provided by thi• licanae. The Lic•n••• aasu•••
all responaibility for aaintananca of the inatallation.
12. To the extent paraittad by all, the aubject to the
proviaion• of the Colorado Govarnaantal 1 .. unity Act, Lic•n•••
shall indaanify and aava haral••• the City, it• officer• and ·
••ploy•••, againat any and all clai .. , daaagea, action• or cau•••
of action and axpan••• to which it or they .. Y be aubjactad by
reaaon of ••id enclosure• and croaaing• being within and over the
pr••i••• of th• City or by reaaon of any work done or o•i••ion
aade by Licen ... , it• agents or eaploy .. •, in connection with the
conatruction, replaceaent, aaintenance or repair of aaid
inatallation.
13. It ia axprualy agreed that in ca•• of License•'• breach of
any of the within proai .. •, the City aay, at it• option, have
specific parforaance t hereof, or aue for damages reaulting froa
such breach.
14. Upon abandonaent of any right or privilege herein granted,
th• right of Licena .. to that extent eball terainate, but it•
obligation to indeanify and .. v• haral••• the City, it• officer•
and eaploy•••, shall not teninate in any event.
15. Lic•n• .. ia expr•••ly forbidden froa conatructing par.anent
atructurea or building• on the City Ditch righta-of-vay.
In granting th• above authorisation, the City r• .. rv•• the right
to aak• full u•• of the property involved•• aay be nec•••ary or
convenient in the operation of the water works plant and •Y•t••
under the control of the City.
IN WITIIUS IIIIBlmOI', this instruction ha• been executed•• of
the day and year fint above written. ·
UGIOIIAL TIWIHOltTATION
DI8ftICT1
Bys -=a.~n-e--ra~l~Na~na-g_e_r _____ _
ATTUTI
CITY OJ' IDIGLDOOD
Bys,,.... ___________ ~
Nayor
Aft'D'l'I
cliy clerk
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r-ffRAL AVE"LE
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<XUCIL BILL t«>. 58
DffllDDJ> BY CXllCIL
,-911(0(
M CR>DINO .APPIOfDI. A <XlftWC1' IElWDf 'DE S'lME CP <XICP.NX> IIIGllaY
mPAR'Dl!H'l' Ml> 'DE Cift CP IMZ.DIOCI> PClt A 'mPFIC PDSDILl'l'Y lfflm CP
CXUIWX) smTB Hl<HIU 285, ftDC liDffll SNITA FE TO ~.
IIIDBAS, the State of Colorado and the City of lbJlamod nDC9'1•
the med foe a traffic feaaibility study en CbloradD State ~ 285,
l:Jatwml 8Dllth Santa ft and Broadllay in the City of lnglamod, Oolcndo; and
IILDS, thia pan.ion of Oolm'adD state IU.lpar 285, liea within the
juriadictian of the City of a.Jla,ood, and in CIEdar to dat:ami.na the
feasibility of q,eraticna1 and aipacity iJIFR. &ts to State ~ 285;
and
11-'DS, the Oolcncl) State Hi.,.., Dllpllrtant hu • aaparate project
1llhich will widln the 8Dllth Brolldlay/State ~ 285 grada aparatian
structure;
tOf, wm, • IT mMDl!D BY 'DE crrr <DIICJL CP '111B crrr CP
DDaoJ>, <XlawJO, AS IUUllh
Sactian l. 'llle OXlt:raCt betwan the Oolm'adD state~
Dlpartant and the City of fn)lamod fer a 'l'nffic ,._tbiUty Study of
Oolcndo Stat:a ~ 285, fml 8auth 8lnta 19 to 8auth 8rolldlay lacat.ed
in the juriadictian of the City of D191-Dod 1a hanby 411*0Nd. A aapy of
the a.tract 1a atta::had t.nto • Dlhibit A and il.cuqaorated ta.in by
refennce.
8aCtian 2. 'ftlat the llllylor and the City Cladt are authariaed to ai91
the OXlt:raCt en bahalf of the City of lbJlamod.
Intrmx:ed, mad in full, and 1--4 an fint l'Mdint en the 1tt:h
dlly of 11u1Juat, 1991.
Plmliahad • a Bill fer III ordinlnoe en the 22nd day of~. 1991.
RMd by title and 1--4 en final nlding en the kd day of lllpl .... ,
1991.
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Published by title • ordinance ltb. _, seriea of 1991, en the 5th
diJrf of Septalber, 1991.
h&lcla k. ciaw, dty deii
I, Patricia R. Claf, City Clak of the City of lb)l...,.,.,, Oolondo,
t.-.by oartify that the .,.,. 111d fangoin!I ia • trua aopy of the Ckd1nlnce
pa-4 en final read1nl) 111d ~ by title • OEdinmce ltb. _, 8llria
of 1991.
Patdcla 8. Craw
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C 10-0215-22
Taal'l'IC l'&ASIBILITY
STUDY, SH 215 -
SANTA n TO UOADNAY
(INCUUSD COS'I')
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COIITUCT
'l'BIS COll'l'ltAC'I', aade tbia __ day of -------'
19___, by and between the State of Colorado for the uee and
benefit o~ Ta DUM'l'NDl'I' or 'l'ltAIIS•Oll'l'A'l'IOII, hereinafter referred
to aa ·the State•, and TD CITY or SIIGLDIOOD, hereinafter
referred to aa the •Local A9ency• or ·tb• cuntractor•,
WIISaD8, authority exiata in the law and funda have been
budgeted, appropriated and otherwiae aade a•ailable and a
auffioient unencuabered balance thereof reaaina a,rallable for
payaent 1n l'\aDd 11\aaber 2001, G/L Account 11\aaber 520CI, Contract
SIIOUllbranae llullber ------·' and
ama1, EeqUlred appro,ral, olearaw and ooordlaatlon baa
been a00011pliabecl froa and wltb appropriate ..,...01 .. , and
......_,, the State and~ Local .. alloy reootnhe ~ wd
for a traffic feaa!l)llltr atudy on ltate 81.,..,ar CIB) 215 bet....-
lanta re a ...... and aroadway 1n ..._1..ooc1, Colorado, wltbia tbe
judacllatlon of~ Local ... llGY, to detenaiae ~ f ... !1)1Utr of
operational and capacity lapro....nta, hereinafter referred to••
•the work•, eepeolally 1n lltJbt of a aeparate project requeat to
widen the aroadway/18 215 9racle eeparatlon atruoture, and
wmH, tbe ltate and the Local a.venar are napona!l)le for
tbe aoeats.atlon and aaiatenanoe of atate bi.,.._.,. and altr
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atreeta, reapactively, including traffic feaaibility atudiea; and
NHBa&AS, currently available Local Agency fund• are
inaufficient, by th ... elve•, to coapletely pay for the work; and
~. the Local Agency ha• reque•ted that the State
provide funding to pay for a portion of the work; and
~. the State ha• agreed to provide partial fundiftCJ of
the work, •inc• it will provide data which will be u•ed by the
State in the de•ign of future State highway iaproveaent•; and
IIDllaA8, the State and Local Agency deaire to agrff upon
certain reapon•ibiU.tie• with regard to the funding of the work;
and
._......, the Local Agency intended to fund the work by
it••lf, but State participation in the f\lnding of the work will
penu.t the work t.o be coapleted at an earlier date than if funded
entirely by the Local a.,ency, and
maH, tbe want of State participation 1a baaed oa an
equal 8bare of tbe ••t.laat.ed coat.a of tbe traffic f ... ibilit.y
at.udy, •iace ~ a •t.at.e hi9bway and a city at.reet are
involved, and t.be want baa been dHaad reaaonabl• by tbe at.ate,
and
.,...SH, tbe at.ate--. it to be in ita int.enat and in tbe
public intenat. t.o provide partial funding for the contract.or to
perform tbe work; and
ml, it baa been determined that no State ..,.nay can
naaonably provide •in bouae• aervioea required of tbe Looal
-..,.cy, and
-.al, tbe ftate Ri....,_y c-J.eaion on llandl ll, lttl,
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gave approval for the State to enter into a contract with the
Local Agency for Project No. C 10-0285-22, thereby contributing
State funda for the work; and
~. thie contract i• entered into purauant to the
provialona of SS2t-l-203, 43-1-106 and 43-2-144, C.R.S., a•
... nded, and by the Local Agency under tbe authority granted in
an appropriate ordinance or reeolution, which i• attached hereto
and -de a part hereof.
NOW, TIISUl'OM, it i• hereby agreed that:
•N>JSCT PNJVISIONS
1. Th• State will provide liaieon with the Local Agency through
the Stat•'• Diatrict Bngineer, Dietrict ,, located at 2000
South Holly, o.n .. r, Colorado 80222. laid Dietrict
sngi .... r will aleo be reeponaibl• for coordinati119 tu
Stat•'• acti•iti•• under thia contract.
2. The Local~ ahall eatiefactorily perfora and eo11plete
a traffic feaaibility etudy on State Highway (Ill) 215
between Santa re Dri" and Broadway in SftcJlewood, Colorado,
within the judediction of the Local Agency, to deteraine
the feaeibility of operational and capacity iaprov1a1nta,
hereinafter referred to aa •the work•, eepecially in litbt
of a eeparate project requeet to widen the Broadway/Ill 215
grade eeparation etructure concernift9 IN 215 between lanta
re Dri" and Broadway in SIMJlewood, Colorado. Upon
completion of the work, the Local ~ eball prepace and
pro•ide to the ltate the reaulta of the traffic f ... ibility
atudy.
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3. The Local Agency, by its employee•, agent•, or con•ultant,
shall be solely responsible for performance and completion
of the work.
4. The Local A9ency baa estiaated the total co•t of the work to
be tl0,000 (Thirty thousand dollar•), to be funded aa
followa:
Local A9ency
Colorado oepartaent of Bi9bwaya
Total
t15,000 u,ooo uo,ooo
The State •hall pay the Local Agen~6 ~or 501 of the co•t•
actually incurred in the parforaance and completion of the
work, up to a aaaiaua aaount of t15,000.00. The Local
AIJeDCY ahall bill tbe State for 501 of the actual coat• of
the work parforaecl per aonth until the work ia complete, or
until tbe ltate baa paid it• ... 1aua aaount of t15,000.00,
vbic:be,rer occur• firat. The ltate ahall pay tbe aaount
billed by tbe Local Apncy within 30 (thirty) day• of
receipt of tbe bill, up to a ... iaua aaount of t15,000.00.
The State aball have no obligation under thia contract for
actual coat• in eace•• of t15,000.00. The Local a.,ency
ahall be reapooaible to par all actual coat• of tbe work in
eace•• of tl0,000.00.
5 . The tera of thia contract ahall continue throuc,I\ the
parforaanoe and completion and final acceptance of tbe work
by tbe Local A,Jeney, ltate papient to tbe Local a.,ency, and
tbe Local a.,enoy prodding a copy of tbe atudy to tbe ltate .
,. 1Nrial9 tbe pedocaaace of tbe work, tM partlH a..seto aeree
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to coaply with Title VI of the Civil aighta Act of 1964, the
aalient point• of which are ahown in the Non-Diacriaination
•roviaion• attached hereto and aade a part hereof.
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7. The Special •roviaion• attached hereto are hereby aade a
part of thi• contract hereof.
I. Thi• contract ahall inure to the benefit of and be bindinCJ
t.
upon the partie•, their aucceaaor• and aaaic,na.
contract Tertdnation. Thia contract aay be terainated a•
follow•:
a) grtdnation Due to LoH of hftCli,ng. If funda neceH&CY
to perfora tbe work are not a•ailabl•, tbeft eitber
b)
perty aay terai.Aate.
Tepillttion for ca••· If, t:llroUCJb aoy cauae, tbe
coatract.or aball fail to fulfill ill a tiaely and proper
......-r bi.a obli9atioe• UDder till• contract, or if tbe
oootract.or aba11 •iolat• aoy of tlle co••••-~•,
.. r•• nt.a, or atipulatiooa of till• contract, tbe etat•
aball tbereupoll ba.-tbe dtbt to terainat• tbi•
contract. for caUN bf 9i•in9 wcitten notioe to tbe
coetractor of auch tarainaUOII and apacUylAIJ tbe
affecti .. elate tbereof, at leut u.-(5) clay• before
the affecti,,. elate of auch teralnation, In that ..-at,
all finiabed or unfiniabed doomeant•, data, atudi .. ,
aurYeY•, uawi .. •, .... , aodel•, pbotoc,r ..... , and
nport• or _..r -~I.al ~ bf tbe oootreftOC
....... r till• ooatract. aball, at tlle optioa of tile etata,
laaDHI ite
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entitled to receive ju•t and equitable coiapen•ation for
any •ati•factory work completed on •uch document• and
other aateriala.
Notwithatanclin9 the above, the contractor •ball not be
relieved of liability to the State for any daaagea
auatainecl by the State by virtue of any breach of the
contract by tbe contractor, and tbe State aay withhold
any pa,-nt• to the contractor for tbe purpo•• of
aetoff until auch tiae aa the exact aaount of c:taaave•
due tbe State froa tbe contractor ia daterained.
Teraination for Con'!9Plpcf. file state aay terainat•
tbia contract at any tiae the State deteraine• that tbe
purpo ... of the cllatributlon of State aoni•• under the
CODtract INNld DO lOIMJeC be -&"WN by COllpletion Of the
•roject. flae atate allall effect auch terainatiOD by
9iviag wrltt .. DOtlce of terainatlon to the contractor
and apeolfrla9 the effectlft elate thereof, at 1 ... t
twenty (ZO) clay• before the effective date of nob
terainaU.OD. In tbat .-....t, all flniahed or unfiniabed
docuaenta and Kher -teriala -deacribecl in •ar..,rapb
tb abaft aball, at tbe opt:iOD or the State, becoae it•
property. If the contract la teralnated by the State
aa provided herein, the contractor will be paid an
aaouat lllllcll bear• tbe .... ratio to the total
ca.,anNtloa -the NrYloea actually perforaecl bear to
the tKal NCYlcea or the contractor ~red by till•
~~. lw pa,-t• or aa.,,naatloa pcewloualr
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aade1 provided, however, that if l••• than •ixty
percent (601) of the ••rvic•• covered by thi• contract
have been perforaed upon the effective date of •uch
teraination, tbe contractor ahall be reillburaed (in
addition to the above payaent) for that portion of the
actual out-of-pocket expenaea (not otberwiae reillburaed
under th!• contract) incurred by the contractor duri09
the contract period wbicb are directly attributable to
the unc0111pleted portion of the aervicea covered by thia
contract. If tbia contract 1• terainated due to the
fault of the contractor, •ara9rapb tb hereof relative
to teraination aball apply.
10. The contractor repzeaenta and warrant• that it baa taken all
action• that an neceaaary or that an required by Ua
procedure•, t,rla-. or applicable law. to levally autboriae
tbe underaipecl aiCJ11Atory to eaeout• tbla contract on behalf
of tba contractor and to bllld tbe ooatractor to it• teEaa •
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mumtmtttm m1mmtH munu mnmmm n rP
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1
i ;lil f It' 11 1
1• 11·1·1•t l iili ifJ ~iii 1· lt!Jiif!r tr :r ~
•' r11l ~1 I If "f .. .. .. i, · ·--r f-f &I. • . -
H 'fi l l 'If' ~ ! I • fi' tt ·11 {!'U hJilll; ' :, I • l •r .• -~ ~ ~
1il hl It!, itf ! ~11 tJf 1!11t 'rl, tfl ili!f lm;!f h l H tr , ht l,h 1ht th h,htf! Im m muhmim t · H
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( IJ ht 1ht ocllll oe Iha c0t11oe10, 1 IIOft.COfflpl.'anc, wu11 u,c ,t0,1-u,~r1111m:at1t.)t1 c1;1u:.u ... ou:. !o.\tu·
1r,c1"' ... ~1, ..,, ohlOCh nolca. rcp,1:alioN. or0fdc,a.1hi1cuo11r>e1111•r lK cS11Ccllcd. 1cr,nN101<1l ,., , . .,,.
1"'1,dcd ift whulc o, ift pall alld Ille c-lCIOI' •r be declare• iftCli&ible ro, runhcr S101c ""'"""' in
ac,Otd:uc1 wtlh p,occdllrc1, alllhorlud i• laecu&W1 Order. l!.,at Oppo,tuntlJ and Anirnuli"c
Ac,iour April 16, lt1S and the hllcl, rcpllllloiol,., _,. ,,_!pied i. acco,,l1nc11locrcwi1h • .,,.. •••h ....... ,_._,. .... , ................ _... " ... , ... 1. ........ -ldo4;. ...... ,; ••
0,clc,, ( .... 0ppon,..,;i, and Alllnu&l,,e ACIIN f/1 April 16. 19lS, or br nolcl, ,qul:a1iou. o, orders
~ ill ----lhercwilll,., .......... ii• -idd"' ......
(It TIie --wil NIChode 1M,...;.;., f/1 pa,aa, .... (It'"'°""' (I) ia , .. ,, 111•c-a,;1 ... .i
........ _ purcl,aN ...................... .., ................ 0, ..... is-.! .............. ..
l!•c-iwc 0..,, 1!4aai()ppo,1NIIJ ....i ,.,..,_ali .. Aaioa or April 16, 19lS, .. 111a&,-,...,.,,;..,.
wil lie .............. ....._._.,..-.,, Tlie-wil 1 .. 11IICII Nlioa Miil •oarc•1 IO .. , ..___.,,..._.,., ..... _...,. ..... , .. , ....... ·--v1 . .r .........
IIICII ,-iaioM, ....,.,__. .,_ II Jf-.a; ,-W.,, .......,, .... Ill ... .-Ille _
_ .._. ........ i.;..1a~wldt, .............. ..._.._ .... _ ... , .... 11 ,,, .......... .., ... _.........,l ... _...,,... ....... ,,,Oilor ......... ...
.... .... lidpllN .. ,,_ ... 1-taai··.ol ... llall tic.a.,.., .
COi.Oii.ADO LAIOa PUflUNCa . . . . , .. ,......,.., .. ,,.io, a ,oa.cu11w,...._.,c:.a......., ................ _1e1.r.-c
WIVbwilllill ... Sllle .................................................. .....
h. \Yl,p ·-., •• _ ., ............................... ;·......,......, ...... ...
allowda ............. a_, 1IP , .................. ...., ......... ,.._.,.... ·----.., .............. ...., ............... ,,, . .,..., ........ ., ........... ., .... ..er ..... ,........ ......................................... ..,_ ..... ., ....... .....
__,, ....................................... , I tlPld ... i ... 1 Utll'lllenl .... ,lltla ..
'<Clioli ............................. _, ............. ,,, .. ...,.., .......... 1111
.,......_, wllll ...... ~·~a.If.IOI ... 102, CU). .
GENUAI. . '· n.. .................. c.i--.......... ...,.... .... ,.,_ ............ -"-illtha
............................ 11 .,,, ... _Aar,....._., ... _ ......... __ ,. . ..,.,,, .
................ ..,._ .............. ., ............. ,_,........_ ...... .,wllicloia .. hc, • ............................................................... _ ....... _,
prcma ..................................................... , ................... ..
.. ,... ..... ..i;, ........... ., ........... ., ................. ..,..,., ........................ .
wiM. ACIJ ..................... ., ......... " ......................... _...., ...... -............................. ., .........
I . Al al claa ........... •-tllWIC.-.... ... C-..W ................. al lll'Plic•W. ,.,., ..... _ .......................... .,, ...... ......... ,. n.....,.. .... ~ .............................. , ........ c...,. ,.,.__, _ ................. ,A ... ., ..... OIINl,CUlfll,1;1 II ,.,., ................ .,_ .. _ ..................
,o. ..... .,...._ ........................................................... . --ill......................... . .
WITNESS WHUIOP, .. .....,. .~ ~ .......... c.a,..a • .. ., ......
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ITATIS 0, COI.OIIADO
llJCHARD D. LAMM, Ci
·CONTIIOU.U ., _______ _
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April, 1980
Nondiacrimination ?roviaiona:
In compliance with Title VI of the Civil li&hts Act of 1964 ar.d
with Section 162(a) of the Federal Aid Hi&hway Act of 1973, the
Contractor, for it11lf, its ~sSiRneoa and aucc11aora in intorc1t,
•1re1 •• follow•:
A.
••
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D.
!.
Coapliance with l1gulationa. The Contractor will
comply with tn1 lesuiatlons of the Department of
Tranaportation relative to nondiscrialnation in
F1d1r1lly-as1i1ted r.ofra .. of the Departaent of
Tranaportation (Tit e 9, Code of Fedaral llaula-
tiona, Part 21, hereinafter referred to a1 the
"le1ulation1"), which are herein incorporated by
r1f1ranc1 and .. d, a part of this contract.
Nondiscrimination. The Contractor, with reprd
to the work perforaed by it after award and prior
to co..,letion of the contract work, will not di1-
crillinat1 on the around of race, color, •••• -t•l
or phy1ical handicap or national oriain in the
aelaction and retention of Subcontractor ~ fncludin&
procur-nr • nf .. t,riala and l••••• of " -t.
The Cont i : vUl not p.uticipata eh rectly
or indir.. ..... , in the dilcriaination pro ........ Led by
Section 21.S of the laaulationa, includin& ..,10:,•
-t practice• when the contract coven a proar••
••t forth in Appendix C of cha ll1ulation1.
Solicitation• for Subcontract•, lncludinf Procure•
aanta or ~t1rlai1 and iful"ljSt. In al aoilclta·
tlons elthar by coapetlt va din& or nafociation
aade by the Contractor for work to be per oraed
under a 1ubcontract, lncludiq procur-u of
aatarial1 or eq,aipaent, each potential SufH:ontractor
or 1uppli1r 1hall be notified br tlla Contractor of
the Contractors' obllptloaa Wider this contract aad
the llsulation1 relative to nondl1criaiftatlon on cha
around of race, color, •••· aenc.l or phy1ical handicap
or national ori&in. ·
lnfp:if tioa anf lepofU. The Contractor vtl l pro·
vld~l lnroraatlon and report• r .. uired by tha
leaulationa, or order• and lnatructioaa i1aued
pursuant thereto, and will parait ace••• to it1
books, racord1, account•, other 1ourc•• of inforaa•
tion, and it• facilitia1 aa aay be detarainod by
tha Stat• or the FIIVA to be r•rtinent to a1cartala
coapUanca with 1uch leaulat on•, ordan and in•
acructiona. Where any inforaatioa r .. utred of tlla
Contractor ta in the exclusive poaa1a1lon of anot~
who fail1 or rafu••• to furntah thla lnforaation,
the Contractor shall 10 certify ta the Sc.ce, or the
F1IVA •• appropriate, and ahall 11t forth Yhat effort•
haYe been aade to obtain the inforaation .
Sanction, for llonc:lfl'ance. In the avent of tha
Contractor'• noncOllf anca with the -4hcrlatnatlon
prOYiaiona of thia contract 1 the State ahall lafo••
auch contract HftCtiona 11 IC or the flllM •r dater•
•in• co bo appl'opriata, includiq, llut not 1 •it .. to •
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Cl) Withholdin9 of pay1Nnt• to the Con•
tractor under th• contract until
the Contractor coapli••• and/or,
(2) car.cellation, toraination or au•·
penalon of the contract• in whole
or in part,
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:rncozrauon oc rroviaion•. The Contractor v111
lncl die piovlalon• or fare9ra,II• A tllrou,h r
in •.,.rJ aubcontract, inclullin9 proc,areaenta of
-t•dala and lea••• of eq,ai,-nt, •1••• __,.t
bf tile le9ulationa • orden • or inatrwtioaa iHaed
,-auant thereto, flle Contractor will take such
action with reapect to an:r •~tract or proc:un·
•nt u ':lie State or tile l'IIIIA aar dlnct u a •an•
of enforcint aacll provision• incl .. lllt aanctlon•
for aonCG11Pl1ance1 prod ... , --.,,.r, tllat, 1n tile
ewent tile c:ontractor be-• lnvolw4 la, or la
tllnatued witJl, l1tl9ation wltll a •~tractor
or aapp11er u a nalllt of aucll lllnctloa, tile
contractor .. , ~at tile ltate to e11ter into aadl
Utlptlon to pntN\: tile intonata of tho ltate
and, 1n addition, tllo c:oatrac:tor NJ ~at tho
nllfA to enter into·aoch l1tl9at1on to protect tho
interaata of tJlo United ltatea,
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Date
September 3, 1991
ll'll'l1ATBD BY
STAFF SOURCE
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COUNCIL COIIIIUIUCA'l10N
Apadaltem
11 a
8abject
Department of PubJsc Works
Charles Esterly, Director of PubJsc Works
ISSUE/ AC'l10N PROP08ED
Sale of City
Greenhouse
Property
Approve a bill for an ordinance authorizing the sale of the City geenhouae property
located at 2540 West Union Avenue.
PRSVIOV8 COUNCIL AC110R
City Council instructed std to adverUse and accept blda for the sale of the
greenhouse property.
STAFF AIIALftlll
An M.A.J. appraisal of the~ property waa perbmed by Naah.Jobnaon
Associates, Inc. for Waste Mao .. u11ent ol DaM:r-SOUth. Tbla appnlN1 valua the
property at 8145,000.00. An ln·bouae appalul pafonaed by Public Works atd
had esumated the value at 8140,000.00 .
BACKGROUND
In early sununer. 1991, W•te M•o ... n,ent epprow:bed the C1ty reprdlnC
purchasing the greenhouae property. Tbla .. operty bM not been tuDy uuu.ed by the
City for some ume. 1be property WM adverUNd for Nie In the Da11J1 Journal on July
26, August 2. and August 9, 1881 and In the~ Senan.f on Aupt l, 1881.
nNAJIICIAL
One bid WM recetYed •t the bid opentn& on AuC1at 23, 1881. WMte Mensa oeat ol
Denver-South aubmitted a bid ID the 111DOU11t of •140,000.00.
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BY AUTHORITY
ORDINANCE NO. __
SERIES OF 1991
COUNCIL BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER Chl{iirn
A BILL FOR
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 necessary 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
WHEREAS, the hi1he1t bid was from Waste Manqement of Denver
South; and
WHEREAS, it i1 in the be t interes t 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;tion 1. The City of Enslewood shall sell and deed to Waste
Manapment of Denver South real property desc:ribed a1 follows:
Arapahoe County, State of Colorado. A tract of land in the
Northeast V4 of the Southea t 1/4 of Section 8, Township 5
South, Ranp 68 We t oflhe 6th P.M. desc:ribed u follows :
Beeinninc at a point on the North line of the Northeast 1/4 of
the South t 1/4 which i1 344 .2 fi t West of the Northeast
comer of the Northeast 1/4 of the Southea t V4, then South 0
depee1 08 minutes ea t 627 fi t to a point, thence North 89
decree• 52 minutes W s t 121 feet to a point, thence North 0
decree• 08 minutes w t 627 feet to a point on the North line of
the Northeast 1/4 of the Southeast 1/4, thence alon, the North
line of the Northeast V4 of the Southeut 1/4 North 89 ....._
62 Minutes east to the point of becinnin,, exdudinc the North
36 feet for road purpoees a, detcribed in Book 1688 at Pap M6
of the County of Arapahoe records, containil'II 1.86 8Cl'N more
or le11.
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also legally described as:
T5S, R68W, 6th PM, Section 8, Beginning 344.2 feet west of the
northeast comer of the NE1/4SE1/4, then south 627 feet, then
west 121.5 feet, then north 627 feet, then east to the point of
beginning, except for the roads in Section 8, T4S, R68W, 6th
PM. The north 25 feet of the west 45 feet of the above described
property adjacent to the south ri&ht of way of said road ahall be
retained by the City as an easement for an emergency warning
airen.
Sect,ion 2.
be retained.
An environmental easement for the warning airen ia to
Sect,ion 3. That the property is sold as is, without any warranty
whatsoever, including warranty of title, warranty of quiet enjoyment, or any
warranty with respect to environmental hazard• that may exist on the site.
Sect,ion 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 Ci~ of Englewood. d
~c-t,in, 5 . / u r-clu,se ,p_r,'ce 7°; ~t' ~/q&,~.
Introduced, read in full..)lnd paued on firat readiq on the 3rd day of
September, 1991. ,,_,,,,e>td,.t
Publiahecl u a Bill for an Ordinance on the 5th day of September, 1991.
Suaan Van Dyke, Mayor
A'ITEST:
Patricia H. Crow, City Clerk
I, Patricia H . Crow, City Clm ol the City of Kftllewoocl, Celorado.
hereby certify that the above and forepinc ia a true copy of a Bill lbr an
Ordinance, introduced, read in full.and puaed on ftnt nadinc on the __
day of , 1991 . a,,,,lrdt"tl
Patricia H. Crow
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ORDINANCE NO. __
SERIES OF 1991
BY AUTHORITY
COUNCIL BILL NO. 59
INTRODUCED BY COlJNCIL
MEMBER C~~
A BILL FOR
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 necessary 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
WHEREAS, the hi1he1t bid was from Waste Manapment of Denver
South; and
WHEREAS, it is in the best 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:tioo 1. The City of Englewood shall sell and deed to Waste
Manapment of Denver South real property described as 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 oft.he 6th P.M. described u follows:
Besinni111 at a point on the North line of the Northeast 1/4 of
the Southeast 1/4 which is 344 .2 feet West of the Northeast
comer oft.he Northeas t 1/4 of the Southeast 1/4, then South 0
decrees 08 minutes eas t 627 feet lo a point, thence North 89
de,reea 62 minutes West 121 feet to a point, thence North 0
decrees 08 minutes west 627 feet to a point on the North line of
the Northeast 1/4 of the Southeast 1/4, thence alons the North
line ol the Northeaat 1/4 of the Southeast 1/4 North 89 _...
62 Minutes east to the point ofbqiMin,, exdudins the North
36 r..t for road purpoeea u described in Book 1689 at Pap 146
of the Count.1 of Arapahoe records, containins 1.86 acne more
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also legally described as:
T5S, R68W, 6th PM, Section 8, Beginning 344.2 feet west of the
northeast comer of the NE1/4SE1/4, then south 627 feet, then
west 121.5 feet, then north 627 feet, then east to the point of
beginning, except for the roads in Section 8, T4S, R68W, 6th
PM. The north 25 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 aa an easement for an emergency warning
siren.
Section 2.
be retained.
An environmental easement for the warning siren is to
Section 3. That the property is sold as is, without any warranty
whatsoever, including warranty of title, warranty of quiet ertjoyment, 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.
Introduced, read in full~~~f on first reading on the 3rd day of
September, 1991.
Published as a Bill for an Ordinance on the 5th day of September, 1991.
Susan Van Dyke, Mayor
ATTEST:
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Cl rk of the City or !nclewood, Colorado,
hereby certify I.hat the above and fo~j!W.J, J_~ copy or a Bill for an
Ordinance, introduced, read in f'ull~IM)IMll1ron ftrat readinc on the _
dayo( 1991 .
"71 ~;. Patricia H. Crow
~ fu f 11/~one,
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Date
September 3, 1991
IJO'l'IATBD BY
8TAn' SOURCE
COUNCO. COIIIIUNICA110N
.At ad• Item
11 b
City Ckrk'a OtDce
Patrtde Crow, Ctty Clerk
188UB/AC110N PltOPOeSD
Mouontoeet
Public Hearing
Motton by City Council to eet tbe Public Heartng date for tbe l&n B\Jdlet on
September 16, 1991.
PRSVIOU8 COIJIICIL AC'l'IOII
The IJudlet calender baa been ee1ebllebed to meet tbe acbechdlDC requnmmta
mebHebed by Ctty Chllrta', Qty Code 1111d ... 8tatutm. Tia....,,,_
aco•11nwdetea theae acbeduUaC dlrecn,-.
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1992 BUDGET CALDl>AR
Responsible
Dates Task Party
April 30 Distribute Revenue Projection foras and Financial
instructions to all Departllents. Services
May 1-May 17 Revenue Supervisor meets with Departaents to All Depts.
assist with revenue estiaates and prepare
Revenue Manual
May 5 Council goal setting session. CHO/Council
May 20 Dtpartaents subllit revenue estiaates to Revenue
Supervisor.
All Depts.
May 21 Distribute Personal Services Fora to Departaents. Financial
Services
May 29 Revenue study session.
May 31 Dtpartatnts subllit Personal
Ellploytt Services
Services Fora to All Dtpts.
June 3 Council holds a Public Forua for the citizens'
input to the 1992 budget. CMO/Counc 11
June 5 Prtliatnary 1992 Rtvtnue Esttaates and Draft Financial
Revenue Manual CC111Pleted. Services
June I-June 10 1992 9::rt lutdeltne1 developed based Oft Counctl City ,:.Ofc/
goals a Revenue Esttaates Fin' 1 vc:s ,
June 11-Junt 17 Dtpartlltnts revitw/revtse NtssiOft Stateatnts, All Dtpts.
Prograa Goals l Objecttves, and Acttvtty levels
based on budget Guidelines
June 17 Dtpts subllit Mission Stat..,.ts and Progr• All Dtpts. • Goals l Objectives to Asststant Ctty Nan191r .
June 18 Dtstrtbute Budget Projections, PJF, and Ntw Financtal
Progr• Request foras, 5 year capital budget Strvtces
foras and instructtons to Dtp1rt11tnts.
June 18-July 8 Dtpartlltnts CC111Plete and f"IMlt bast budgets and All Dtpts. ,.;
I Ntw Progr• Requests. • • July 9 Dtpartlltnts sublltt l coptes of COIIP1ttld bast All Dtpts.
budgets, NW frotr• ,...,ts, 5-year capttal
budttt• aftd PF ,._..,ts to Ftft111Cta1 S.rvtce1.
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1992 BUDGET CALENDAR (CONT'D}
July 15-23 Departaent Heads review budget requests with All Depts. Financial Services Director and Assistant City Manager.
July 22-26 City Manager reviews budget requests with all All Depts. departaents.
July 29-August 2 Additional budget review as necessary. City Ngr.Ofc. August 2-29 Proposed Budget Dociaents prepared. Financial • Services
August 16 Service Level Reports subaitted to Assistant C tty Manager
August 29 Publication of ti .. and place of 1992 Budget
Hearing -Reference -City Charter Article X, Section 87.
August 29 Transaittal of 1992 Budget by City Manager to City Council.
Septeaber 9 Prepare the Budget in Brief -publish in The Leigh Ann Citizen.
Septetlber 16 Public Hearing on tw topics:
1992 Operatt"l :;«tt Hearing
Reference tty harter Article X, Section 87.
Public Heart:i on budget •st be held wtthtn
th .... (3) wees after subatsston by the Ctty Nuager.
HtghwaJ Unr Trust fund
Septeaber 20-21 ct ty Counc 11 Budget Workshop City Mgr .Ofc. October 7 lntroductton of an ordtnance certtfytng the Ftnanctal •111 levy.
S.rvtces Septtllber 23-
Financial October 31 Produce ft na 1 budget doc....-t. Services October J",-J Second reldtng of ordtnance certtfylng the •111 levy .
October 31 Transatt final budget to Couftctl. Ftnanctal I • • Services
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Noveaber 4
Noveaber 18
January 1
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1992 IIUDIET CALENDAR (CONT'D)
Introduction of bills for ordinance on Budget and
Appropriation -Reference -Holle Rule Charter,
Article X, Finance Adllinistration, Part I -
Budget, Section 90, Adoption of the Budget and
Appropriation Ordinance -The City requires that,
not less than thirty (30)days prtor to the ftrst
day of the next fiscal year.City Council shall
adopt a bill for the Budget and a bill for the
Appropriation ordinance.
Second reading of ordinances on the Budget and Appropriation.
Distribution of the 1991 Budget Doc1111ent.
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·i f it~ [J!}z :fllti ffJ f r l lfl•f '~fill ;rJ I ~ I f Y\ 11 ~-J ff [ i!='· 1[ I;· a .; ~
Jil rErir JiJ1~i ltf I f £ •t l i t 'i a ~
l. ~ q tl ! [Ii 1Jtii HJ{!{ 11~ I ~ I I { ii N Ii [ l I 8 1 ri;t.,. 11, 1 i I l J lu t 1 1 l ~ i i (rQ -NJ •f! tfil llr}tf if ·~ i
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Council Member Clayton to Head
Superfund Committee
Council Member Bill Clayton, Englewood's delegate
to the Colorado Municipal League's Policy
Committ.ee, has been asked to Chair the statewide
Colorado Municipal League (CML) committee formed
to examine trash and sludge disposal problems in
Colorado.
Englewood, along with many other cities, is facing
the prospect of huge cleanup costs under current
Superfund regulations.
"Our liability could be as much as $100 million •
five times our annual general fund budget," Clayton
explains. "We dumped clean sludge at the Lowry
Landfill that was mixed with toxic industrial wastes.
The EPA wants Englewood citizens to pay the clean-
up costs instead of the industrial polluters."
To aid our lobbyinc efforts, Englewood baa joined
forcea with ACCE, American Communitiea for Clean-
up Equity, a croup or 90 cities repreRnting over 20
million people.
"Three years a,;,," Clayton explaina, "I bepn
workinc with the California citiea that founded
ACCE to 81!t aupport on our l.owJy problem throu&h
the National Leque of Citiea. Aaoa AIMriat the
problem baa pown worae and now hie induatry la
auinc towna lib EnplWOOd for the h1181 c:mta of
landfill cleanup."
"We are makinc ~," Clayton aays, "Our
June ACCE meetinc in Waahinct,on, D.C. brou&ht
offlciala &om 80 dtiea, rep,-ntinc 20 million people
faoe to face with the EPA and White Home etall'. Ar.
a reault, Senator Wirth baa q,-1 to CXMpOMCW
lecialatlon for ACCE, and -are hopeful that other
Colorado concreaional deleptea will help ua • well.
To,ether, w can aol thill problem for all the cill-
lt'IW of Colorado.•
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Cal ,..14 lir .... Wlc: &I I
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S... •f ...... ,wu,l'e fl--Wratt 'O,W,.,io• B11dle, a...·.--...... --w,--.
FOlll' City Council Seats Open
in Upcomins Election
Four City Council Members will be elected in Engle-
wood's November 5 election. Two positions are open
from the City at large, one from District I, and one
from District Ill. City Council members serve for
four year terms.
The City Clerk's Ofllce baa information on candidate
qualiflmtiona, nomination petitions, campaicn re-
portinc nquirementa, and other election --· The
deadline for aubmittinc completed candickte packet.a
la October 4. If you are intereat.ed in aervinc on City
Council, contact the City Clerk's Office, 762-2405 .e
FREE SOFl'WARE AVAILABLE
The Eftllewood Public Library
!:.::'..~.:::, JI [I al oollection. All procrama are MS.
DOS mmpatible on 5 1/4" diaka. 0
The eollection ill oompr'-1 or a -
miJltuN of different procrama:
tram ... to lancua,e
...,...., utilitiea to "windows" hued procra
c:alendara to a.a ror-. There are word proceaiorn
b c:hlkba, and fl•ndal planners ror adults. Th ·
lllftwaN la available to the public for A:B checkout
b a pariod of 19¥911 ~-
You aay c:hedl out t procrama or malul
,...... "backup~· to use on a ,pedal Library
ClllaJIUW· Since thMe procrama are UNd by more
thu one ....-,n. UNn are atronclY enaoura,ed to
aaquiN .. ·anu-vtnae· 1*11'11111 and to check l
and all o&hlr ··red· .,,..,. ... !»lore loadin, thtom
OIIIO their.,..... .•
Printed on Recydltd P •
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The City Manager's 1992 Proposed Budget in Brief
Tlee 1992 Manager's Proposed Bud6d: Tlw Gnffwl Flllll1
' lbc General Fund pays for the opcnli"I a1111 of aU die 0.,--lillld on Ille boltml ldl of Ibis .-.C· In addition
10 the Galcral Fund, Englewood has other aaxJWllin& funda, dcllllilll of wllld! ~ OIi Ille 1111 P9F of Ille /992 ..... ill Brief.
1992 Projected Reveru!S
General Fund
U.. Char ... (10.11l)
199'2 ..... f1llld --a~ pmjec1ed II
Dl.291,212. alW SJ0Q.000 lela dlla ia
1991 . a.:-of Ilia, 6e City ii .... a
..... look •• -COIi of an provided lmlic:es.
We -looki. for -11 ID provide ICIVic:es
-dlicieady, WC ale lookiaa for aa-aiw
-11 ID provide IIIVil:ca ud Ille cmliaally looki. for -11 ID eaA1e dial J011 me Fftiaa
6e .... deal poaible for your IU doli.. .
•• April, die Cily c:o..cil set die 199'2
pis ud objectiwa. 11le 1992 ~
a-,,e, ii bwd oa dlae pis ud objeclMa. -·-·.. ... ............... _. ....... _ Ollw----. ................ ...
1"2 Clly Caadl Geall wl Objecllws
I. Wort towards die reviaaliz.alioa of OadeleUa Cay.
2. Enhance Swedillt Medical C.eaeer • a commuaiay raource.
3. Provide efficieaa aad effecti"VC mllllicipal NIVice.
4. Improve aad...,.. Eqlewood'a lloaiaa ilMalOl'y .
.5. Eacotuap voluaeeriaa.
1992 Proposed E,cpendlbns
General Fund
The hopotJed ~ makes minimal aervic:c Incl
CUii ud cloea .,. raise your Qly IIUI. PlopOled
cxpeadiuua for 199'2 •~:
Coramuaily Developlllell1 : $1,186,946
Recreation : Sl,.598, 789 ..,._ ..,.. cua)
Admiaiaandoa: $2,406,930
Lqialalioll: S 183,JOIJ
Public Worb: $4,165,083
Auorncy & Coun : $862, 770
Ubniry : S723.672
fcty Services: $8,679,340
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The 1992 Manager's Proposed Budget: The General Fwul
CaaagaNy o,, llap••at; s1.1H,M
HiplighlS from the proposed 1992 Community Development Budget
include:
U ...... die ........ Stock. PropJled projects include I
continuation of the rehabilitation loaa pn,pua, Project Build, Project Re-
Build and, if fuadi•1 c .. be fond, die Hc.eateadiaa Program.
JolM l!'.CHlalt De, ....... l!lfaltl. Eqlewood is joiniaa with
Lillletoll and Sliericlaa to improve die S.ata Fe corridor. Also, die Qty is
working closely with the ownen of Oaderdla Oty to improve the mall .
1181 RaCNlllon Facta
.. .,,..,, smn, 1&,ftlJlt
Recreation Servic:a 1111 been worldq uni to mciet market demaads.
Became of tllia, a dlinl &/Off • _.,. Se,,_, • IIU been added to
lteaadoa'1 aelectioa of pn,pama. Rae. Ctr. s-1lclpalls 310.000
~ Ctr. f*llclpanls104,000
Total 414,000 TIie Mally Cealll' ii llopi .. to ptll\:Ule property dial aeipbon die
C.cater, allowiaa apace 1'or ,-Ille p,w6 ia 1M ""-·
........ wiU be ...... major facelift ... die pool is
replallered.
IAna .,,,. IDMD
328.190
230
By 1992, 1M aew lloollaolllle will be oa die fllld aad die Ubnry will
111w adjaled to tlleir aew lalerior deaip. Ova die pul year die Library
11M beea ncaaaf .. ia obcalal• pull to euaace aerricea. Looll for a
c:oatlaudoa of dlia aat year.
Sped&cally, 1M Ubnry waall JO apaad ........... beJweea 6e
,...._ _.,...-. .atiaalely prowH• 11eaer 111Y1ce ror ,ow
~
Nm SgylLp; IU7Ufl
Tlie r.lre l>Mllaas TIie pady acdaiaed C... A I I. :ay will be
offered iwice acxt year, 1Maa you u ialider'11oot 11 llow Safety
Service's, and die nst of die Oty, does !Mir job. fcapPtri: will be placed
OIi ct••....,. ...... la 1992. u effectiw 11111 Pft*1M way ol Ndtati
ri..e.
n. Fire 0Mllaa1 Mole Cl'll .... wiU be oera.l la 1992 11111 all
lire penoueJ will be tralaed • e..p.cy Madic:al T.......... TIie FIie
Divilioa ii coatlauly wort.I• to lmpn,w ,ow aaflly, • iii evidal lty
Eaa1cwooc1·, Nl«llt ISO.,.., • ._. dlopped a ,_. 11111 wiU NdllCe
na,a lire ias.,.acc rata i• die Oty .
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The 1992 Manager's Proposed Budget: 11,e General Fund
NPIF Wwl!!; H,165.1113
Public Worka
68
8,000
10
62
157
A Pa,.-t Men 1•• nt s,... is planned for 1992. This will
reduce tbc com of paving StreelS by performina various ICSIS OIi Qty
streelS. 1992 will bring funber improvemenlS to Englewood streets, already
10111C of tbc best Bpi snets in tbc metro area. Traffic improvements will
be made in tbc ~ mrrtdar and llae ... and <1wwww ... will be
painled mo~ frequeady.
Eapwood's put system will abo improve with improve-•ts beiq
made at Cut I I l..elle and -.-,p wd 11 Irr 1al beina placed at
-•Y of tbc Oty's parb.
Le•' 7 ••: SIi.Uit 1991 Ml Levies Compared
'Ille leplatM blldpt iacllldel fndl for
opcratina City Couacil, the Career Service
Board, Plannina and Zoai91 Commilaioa,
Board of Adjustment and Appeals, Parb ud
Recreatioa Comteiuioa ud die Ubrary Boud.
~ -frequent vacucia oe meey of die
Boards aed CotnmillioM so if you a,c
intcraled in serviep on aey of thete boudl, or
aay of die City's Oilier boanll, coetact S.
Bradsliaw in tbc City Maeapr's Off'ece at 762·
2310.
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11111 Depar1nte11t lacllldel die divilioa of
A-lal Servica, Admieisuative Servic:el alld
111e Oty Muaaa'• <>mce.
le order IO proviclc more dTicicat ud
cffectlw municipal servica, adaielaarltiw
pmceaa llave bece suamliaed aed aepllalil
llat bee• placed oe aeployec uaieiep elld
fiediet allUDatiw fadiep IOM:CI for varioa
City ICMCa, le llddidoa, I 5,... .....
........ .,.._ llaa beee lmplcaealed.
uady, c-1 Dlllrtrtl will be rc-clra-
lt'at r, rcn«tilla die 1990 CHIIII data.
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0 LIIIIIIIN ....... ...... ..._ ,........
UIO U 19 5 .7'0 6.451 IO.llO
M I I lfftdA .. AhAS wuWZTII
le 1992, die Coat ....... IIIMdlitlt .._ 15,000 c:Mel. No iaajc,r
dlaeiea IIC ........ for die Coat ... yeef, j .. I coetl ..... of eflideet
elld effectM cw r pa rs 'Ille a., Aalrney will llill lleep ae eye oe
.................. " fay .
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The 1992 Manager's Proposed Budget: Enterprise Fund/
1 Enlaprise Funds are special IICCOUIU lhal are fundcld through lml' darpa oaly. Englewood has four Enterprise Funds: Waler,
Sewer, Golf aid the Bi-City W11111n1111cr Trcatmail Plant.
J)e G.-ll'llad; SI....,..
Englewood's Golf C.Ourse is recognized as one of lbc best
places to play in the metro area . Next year lbc City will look
al Ille pouibility of purcllUiq laad eat of lbc aolf CllNIIIC for
futu~ use. Also, landlc:aping imprOYemen• will coalia11e to
be made on the course.
hblc ,.....,,.,.. (HH,44.1) ... DellC SertS!
<Vff,111):
'111c Public Improvement Fuad is for capital improvemeall.
This is Ille fund that .. ys for new playgroand equipmeal ia Ille
park, bca•lificalioll effona and so on.
'111c Debc Service Faad .. ys off Ille debc that -iuaed
for the Eaglewood Rectalioa Center.
1992 Proposed Expendlttfts
Al Funds
....... ,_(JU'll)
s-r ..... (20 .•>
•-ca, , _ (JO.Ill)
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n. w-,._.: Sl,454,723
TIie Waaer Fuel is cuneady ia -ad
fllC8I coadidoa. Eqlewood 11a1 worbd uni,
ud will COlltiaae IO wort uni IO aaa~ dial
nflicieal waler is available to quench lbe
Cay's dlinL A recent price com .. risoa
lllowed dial Englewood ha the ICCOlld lowest
waler cm11 ia lbc metro area.
la 1992, Ille waler plant will be imple-
aeatiaa .. iuovalive medlod for dilpoliaa
.......... a by-prodacl of-eer 1n:a1aa1
ucl effona to imprOYe ICIVice by laJi81 ..
..._ ..... uc1 ...... maay or Ille older
pipll wUI coallllae.
'DI lfflr bed1 l1J3D f¥
Wllile a Sewer F•ad doea DOC IOUd
&IDaoroa. ii ii oae of Ille__. iaponaat
aavicea a Oty offen. Efforll III piocea
leWIF men ellicieady will c:arry oa wllea die
aew aewa,e lrealaelll plut II* oa-liae. As
always. deu6ltt eudaa p1pea Md Npladaa
old, won OIII Ii .. will pnaed la 1992.
'DI MAI WWMH+ D C 18&1Pffl
,,. ............ ii .............
Qty ,_. wit caati•• ill 1992. 11111
«lfHFIOII waa 11CCWUy IO lleep ap wi* Ille
Iller i81 cleaudr placed oa .. plul.
'1111 81.Qy plul will matU111e IO -ill
fl' cr111d...,. lhld,e • a fenWw I• ,wal
Olbae ,,. "llwfidal -· ...... ii w ol Eaw1wood'1 wy iwMllwe ...
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Beoo1ne a Part'.~
Enalewoocl'• m..,.
Tbe Bn,lewood HWoriiill
Society Is campilq an
Bnclewood Hietol7 Book Gil
luniliea and batinwara in
........ wl -... inteNlled in ...... your
lta,y to their .....
Tbe ....... llt •....... --.. , ..........
1191. Cd Dl*1t t1r
more inlnlatlon.
Citizen'• Academy
Participant. Soupt
The Call aesaion or the Citizen'•
Academy is acheduled to becin in
October and citizem are invited
to apply. The Academy ia
deaiped to help the community
undentand the reaponaibiliti•
and dutia or the City'•
Fireftchtera and Police Offloera.
The Citiaena Amdany ia
offered twice a year • a 40 hour
procram oonaaatinc or eipt
Tuemay nicht meetina-. two
Saturday momina-. and an eipt
hour patrol ricle-alonc,
For detaila, cont.act Set -
Wicka of the Safety Servicea
Department, 762-2433 . e
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Street
Englewood's Clean, Green and Proud Commission is making plans to
implement an Aclop&-A-Sweet program this fall. The Commission is
encouraging local buai-, civic groups, and neighborhoods to sign up
for this clean-up, trim-up program to help control litter and maintain a
more attractive community.
Volunteer groups will "adopt", for one year, a section or hip litter
ripta-oC-way in the City to clean up and maintain . The City will supply
ttuh a.., aafety wat.a, and aafety pidea, as needed, for the groups.
Caution llipa will be placed alone the sites during the cleanup and
collected trash will be hauled off by the City. In return for the volunteer
group'• eff'orta, the City will place aip& recqpuzing the raponaible
groupa at the entranca or the "adopted" aections.
The Clean, Green and Proud office has a list of streets that need
cleaninc -Ir you are lnt.er.ted in adopting a street or ftndinc out more
about the program, call the Clmn, Green and Proud office, 762-23-48 . ft
Sheri Galley Appointed
• lat.Im City Cowacil Member
Sheri Gulley waa recently appointed u Council Member ror Diatrict III .
She replaced Roier Koltay who had raiped the poaition in July.
Ma. Gulley baa a-ti acthe in the community for many ,-,.. She
and her family own and operate a buai.-in the city , and ahe takea
put In many community acti'ritiea • -11. She belonp to the
Enpewood Chamba' ol ec..._..., ,ioiunteera in the Enpiwood Public
Scboolll; ia a D*Dber olthe Enp,wood Liana Club; and until her Council
appointa.nt, abe wwd OIi the Eap,wood Water and &,-, Board .
Some ol the --aba hapaa IIO ..._ durinc her tenure OIi Council
Include NrYice lewla within the City, and houllinc and busi.-iaau..
Gulley • oonftdent that her mntributeona -a Council Member will be
aubatantial. She plana to participate in the .,._nt • and the future • or
the City by lmepinc !a,lewoocl movinc In a positive, forward dlrection.8
r--·····--·-------------------·------------------~~~-------------------------------------·~-~~---, ! City d EnglawDOd ! i Cltlzen'a Academy !
: im..tFOlm .
I Name
I ---------------------------------! Add ... _______________________________ _
i HomePhone _____________ WOil .... ____________ _
i Complete and l9tum to:
! . [)apartment of Wy .. ACM
Attn: lelgeaut t,IOft Wll:illl
361 a s. EIClll hNt
I
I
I I .. __________________ _ El\gl9WCICld. CGlafaliCI IOIIO
--------------·---------· j TJv E~ em-., Au,.-Sept ., 1191 a Printed on Raeyded Paper •
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BEFORB THB PUBLIC UTILITIES COMMISSION
or THB STATB or COLORADO
IN THB MATTBR or THB COLORADO )
DEPARTMENT or T~SPORTATION, THB)
CITY or BNGLSWOOD, COLORADO AND )
THB CITY or SHERIDAN' COLORADO )
FOR THB AUTHORITY TO RBLOCATB THB)
ATCHISON, TOPBICA AND SANTA rs )
RAILWAY AND THB DENVER AND RIO )
GRANDB 1fBSTSIUf RAILROAD, BSTWBl!:N )
HAMPDEN AVBNUB AND HLLBVIBW AVB. )
IN THB CITISS or BNGLBWOOD AND )
SHBRIDAN, ARAPAHOS COUNTY, )
COLORADO, INCLUDING CONSTRUCTION )
or A GRADS SBPAJtATION STRUCTURE )
AT OXFORD AVBNUB, CLOSURE or THB )
AT-GRADS CROSSINGS or QUINCY AND )
TUFTS AVBNUBS AND OTHER CHANGBS )
ASSOCIATBD WITH THB RELOCATION )
The Colorado Depart .. nt of Tranaportation hereinafter called
"CDOT", and the Citi•• of Sn9lewood and Sheridan, Colorado, hereby
submit notice and application to the Public Utilitie• Coaaiaaion
(PUC) of a propoaed railroad relocation between Haapden Avenue and
Belleview Avenue to eliainate exiatin9 at-9rade hi9hway/railroad
croaain9a at Oxford Avenue, Quincy A.-nue and Tuft• A.-nue in the
Citi•• of Sheridan and Sn9lewood Colorado. Tbe Di•iaion and the
Citi•• of Bn9lewood and Sheridan are herinafter referred to
jointly aa the "Applicanta•.
Supportin9 inforaation followa:
1. The CDOT ia an Adlliniatrati,,. Departaent of tbe State of
Colorado, duly authorised to conatruct, .. intain and operate
public highway• in the State of Colorado.
2. The City of Bn9lewood and the City of Sheridan are
incorporated citiea havin9 juriadiction over 111111icipal
atr••t• within their reapective boundariea.
3. The Applicant• addr••••• are aa follow•:
Colorado Depart .. nt of Tranaportation
4201 Baat Arkan••• Avenue
Denver, CO 10222
The City of Sn9lewood
3400 South Blati
Sn9lewood, CO 10110
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The City of Sheridan
4101 South Federal Blvd.
Englewood, CO 80100
Under authority of the laws and statutes of the United
States, Federal-aid highway funds and State of Colorado
matching fund• have been allocated under Title 23,U.S.C. for
the proposed relocation of The Denver and Rio Grande Western
Railroad (Rio Grande) from its existing alignment adjacent to
South Santa Fe Drive to new alignment adjacent to the
Atchieon, Topeka and Santa re Railway (AT,sr) between Hampden
Avenue and Belleview Avenue within the Citiea of Englewood
and Sheridan. The Rio Grande and AT,sr will be jointly
referred to aa the Railroads hereinafter.
5. The proposed relocation ia a continuation of the relocation
already accompliehed between Yale Avenue and eouth of Hampden
Avenue which wae covered in the CDOT'• PUC Application Noa.
38566 and 89A-109R. Application No. 38566 included a scope of
the entire South Santa re Drive Tranaportation Corridor
project, including thia proposed relocation. The ultimate
objective of the proposed relocation ia to iaprove
transportation facilities along the South Santa re Drive
corridor by eliminating at-grade rail/highway croeainga of
Rio Grande'• and AT,sr•a aainline tracka. At-grade croaeinga
will be eliminated by providing a separation of grade• at
Oxford Avenue and by cloeing the Quincy Avenue and Tufte
Avenue croaeinga. The propoaed relocation will allow for the
widening of South Santa re Drive and for the developaent of a
maaa tranait facility.
6. The following exhibit• are attached to and aade a part
hereof:
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Exhibit A -Vicinity Nap
Exhibit B -Plan and profile of peraanent railroad
alignaent
Exhibit C -Layout of Oxford Ave. grade aeparation
structure
Exhibit D -Plan and profile of Navajo Street Truck Route
at the Santa re apur track
Exhibit E -Plan of Rio Grande'• rt. Logan apur track
croaeincJ of s. Santa re Dri,,.
Exhibit r -Text of croeaing cloaure aigna to be posted
at Quincy Ave and Tufte Avenue
Exhibit G -N ... • and addre•••• of adjacent property
owner•
The r ... inder of the proposed railroad relocation will be
accoapliahed in the thr .. conatruction packa.,ea deacribed
below. Bach construction package will include eleaenta
relating to rail operation• and to the propoaed relocation.
The CDOT will prepare detailed conatruotion plane and
apecificatione, award a conatruction contract and provide
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general supervision of tha construction to insure compliance
with the plans and specifications for each construction
package. All such plans and specifications affecting
railroad operations shall have been approved by the Railroads
prior to construction. The CDOT will submit plans of each
construction package to the PUC as late-filed exhibits as
soon as they become available.
CONSTRUCTION PACJCAGS A
ELEMENT 1 -Construct a new truck route along Navajo Street
between Tufte Avenue and Oxford Ave. which will
serve to, among other things, detour traffic
from Oxford Ave. during construction of the
Oxford Ave. grade separation structure. The
truck route will cross an AT,sr spur track at
grade between Sanford Ave. and Radcliff Ave.
Thia new crossing will utilise standard
croasbuck warning devices and will be
illuainated at night with street lighting.
AT,sr train crews will flag traffic during times
of rail operations, which are eatillated to be
four per week. AT,sr will install a full-depth
rubber crossing surface and adjust their track
at the crossing. During construction of the
truck route at its intersection with Oxford
Ave., Oxford Ave. traffic will be narrowed to
two lane operation. Bxiating crossing warning
devices on Oxford at tba railroads will be
redirected as required to correspond with the
directional flow of construction sone traffic.
BLSNDIT 2 -Teaporarily close Quincy Ave. (approxiaately 10
days) and install railroad tracks and crossing
surface aaterial aero•• Quincy for tbe teaporary
connection between the peraanent railroad
alignaent and the existing teaporary railroad
alignaent. The tracks installed durinlJ this
eleaent will not be placed in service until
after coapletion of the Oxford A,,.nue grade
separation. The tera •teaporary railroad
alignaent• is defined as all railroad tracks
adjacent to South Santa re Drive between
approxiaately Jlulpden Avenue and Belleview
Avenue and includes llio Grande'• exiatin9 track
and property as well as teaporary track being
used by AT,sr. Tba tera •peraanent alivnaent•
is defined as the corridor located approxiaately
150 feet east of the teaporary aliCJlllleftt and
will contain the tracks of both ATl8r and llio
Grande and lies on exiating AT18r property.
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ELEMENT 3 -Construct a grade separation structure carrying
the Railroads over Oxford Ave. at the permanent
railroad alignment. Oxford Avenue traffic will
be diverted to Quincy Ave. via the truck route
during the grade separation construction.
ELEMENT 4 -Construct a temporary railroad connection from
the permanent railroad alignment beginning just
south of Oxford Ave. and tying in to the
temporary railroad alignment just south of
Quincy Ave. The existing crossing warning
devices at Quincy will be relocated to the new
Quincy Ave. crossing. The Railroads will be
shifted to their permanent alignment to a point
just south of Oxford Ave. Relocate the o,RGW'•
rort Logan spur track aero•• South Santa re
Drive to a new crossing approxiaately 175 feet
south from the existing crossing. The existing
crossing warning device• consisting of standard
traffic signal• will be relocated, or replaced
if necessary, to the new crossing.
Construction for construction package A ia expected to begin
about Janurary, 1992 and be completed about October, 1992. The
coat of this construction package ia eatiaated to be
$3,825,000. The eatiaated coat of th• Oxford grade
separation structure ia $965,000.
CONSTJWCTION l'Aelt!Ma 8
BLSMBNT 1 -Construct the frontage road on the West aide of
South Santa re Drive between approximately Quincy
Ave. and Kenyon Ave. to prowide adequate acceaa,
particularly for ... rgency vehicles, to that area
during the ti .. Oxford Ave. ia closed for tt..
grade separation structure. Thia aay become
llL&IIDIT 5 in COIISTIWCTIOII HCH,GII A above if
Right of way can be aquired by Ad date.
ELEMENT 2 -Construct the intersection of Oxford Ave. and
South Santa re Drive. Oxford Ave. will be closed
during this construction el ..... t. saat-.. at
traffic will utilia• the grade-separated llallpden
Avenue and the at-grade railroad croaainga at
Quincy Ave and Tufte Avenue while Oxford i•
closed.
llLllMBNT 3 -Open Oxford Ave. to traffic and peraanently close
Quincy Avenue and Tufte Ave.
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ELEMENT 4 -Finish the construction of the permanent railroad
alignment, including a bridge at Big Dry Creek,
between Oxford Avenue and approximately Belleview
Ave.
ELEMENT 5 -Shift rail traffic to the permanent railroad
alignment. Connect D&RGW's Fort Logan spur to
D&RGW's permanent alignment.
ELEMENT 3 -Remove track, cross ties, crossing warning
devices and appurtenances from the temporary
railroad alignment and connections. Final cleanup
and removal of extraneous railroad materials.
Construction for construction package Bia expected to begin
in late 1992 and be completed in the fall of 1993. Closure
of Quincy Ave. and Tufte Ave. at the Railroads ia expected to
occur about July, 1993. The estimated coat of construction
package B construction ia $7,460,000.
8. The coats of construction packages A and B include the coats
incurred by the railroads for ballast and track laying,
crossing surface installation, crossing aignal adjuatmenta,
track removal and other incidental coats. The Railroads'
coats will be reimburaed aa provided in the agreeaent, dated
Decelllber 16, 1987, between the CDOT and the Railroads under
Application No. 38566, a copy of which waa furniahed to the
PUC. The COOT and Railroads intend to auppl ... nt thia
9.
agraa .. nt to cover joint railroad work not conteaplated in
the baaic agra ... nt. Separate agr .... nta between the COOT,
The City of Englewood and AT,sr and between the COOT and Rio
Grande for the Truck Route crossing and the rort Logan apur
relocation are pending. Copies of all pending agra ... nta
and aupplementa will be furniahed to PUC aa late-filed
exhibits.
The grade separation structure at Oxford Ave. will conform to
American Railway Engineering Association (AIUSA) standards and
the design has been approved by the bilroada. The structure
will conaiat of two apana which will allow for two through
lanes of Oxford Ava. traffic in each direction. Double left
turn lanea will alao be provided for westbound Oxford Ave.
and right turn lanes will be provided for both eastbound and
westbound traffic. The atructure will have a ainiaua
vertical clearance of 14'-6• froa roadway surface to bottoa
of girder. Sidewalk• and buffer aonea are also included on
both aide• of the roadway.
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10. All crossing warning devices installed or adjusted by reaaon
of the railroad relocation ahall conform to MUTCD and PUC
requirementa.
11. The CDOT will post notice of application to cloae the Quincy
Ave and Tufts Ave. crosaing in accordance with euc rulea.
12. The disposition of the crossin9 warnin9 devices reaoved by
reason of this proposed railroad relocation will be
deterained in accordance with the a9reeaent(s) between the
l\ailroads and the political body havin9 jurisdiction o,,.r the
atr-t at the crossi~. If no such agreeaents exist or can
be arrived at, th• euc shall will have the authority to
deterain• such disposition.
13. Th• CDO'f will require its construction contractor(•) to aak•
arrangeaents with the bilroads to ace••• the work site. The
CDOT will also require its contractor(•) to reillbur•• the
l\ailroads for work done by tbe aailroads for the contractor,
includi~ protecti,,. ••rwices.
14. This proposed relocation benefits tbe bilroads by
eliainat~ at-9rade crossiop aocl 111pro,res the railroad
profile to a coaataat 9rade. The aailroada will be assesaecl
a sbare of tbe aat:in railroad nlooatl.on oosts in accordance
with Title 23, u.a.c. u pco,,ldad ~ rederal Bipway Pr09r-
Nanual 1-1-2-1.
15. After tbe pro~ I.a llailroads will aaintain
their tracke, rail 1119 facilities at
their......... ible for aaintain~
the roac11tar ,..,roaataH sivnal• at IU.o
Grande'• rort LofJaa .._.. aanta re Dri,,..
The City of lln9le•ood will... ibl• for .. intaini~ tbe
Truck II.out• , .... :,o -~, to tbe ATHr spur
track croa•ill9. The Citr of idaa aocl tbe aaUroads an
in the prooeae of ~ill9 to .. tat .. aaoe nepoaslbilitiea
for the Ollford A,,.. 9rade aeparatl.-atruatun. A copr of
the abeddaa/aaUroads .. cu , t will ... tual..W tbe nc u
a late-filed eabibit aa eoon u it I.a flaall.aed.
U. All work relath• to public utill.ti-affected ~ tills
project will be proviclecl for in ...,.rate avrst tnta wl.tll tbe
respective owners.
11 ... ._. and addresNs of property owners adjacent to the 9rade
separation are as are listed on Sabi.bit G •
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The CDOT's District Engineer, District 6, 2000
Denver, CO 80222 will administer the project.
regarding design details can be directed to the
Preconstruction Engineer at the above adclreee,
Phone (303) 757-9255.
South Holly,
Questions
District
WHERBl'ORB, The Applicants requests the •ublic Utilities Commission
to enter an order authorising it to relocate the Railroads along
South Santa re Drive, including construction of a grade
separation structure at Oxford Avenue, closure of existing
at-grade crossings of Quincy and Tufte Avenues, and the other
changes associated with the relocation.
Dated at Denver, Colorado, this ___ day of------' 19 __ .
ATTEST:
By
Chief Clerk
ATTSST:
By
Title
ATTSST:
By
Title
COL01'ADO DUAaTlllaft' or
DANS.ORTATION
By
chief anvlneer
CITY or IDIGL8WOOD
By
TITLS
CITY or amJDAII
By
Title
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SE'ITLEMENT AND RELEASE AGREEMENI'
This Settleme;~Release Agreement (" Agreement") is entered
into this_ day of '1991, between the City of Englewood, Colorado,
and Martin Manufacturing Company, Inc. ("Martin Manufacturing").
1. Recitals. Martin Manufacturing has filed a lawsuit against
the City of Englewood which is pending in the District Court of Arapahoe
County, Colorado, and is identified with Case No. 90 CV 3254. In this suit
Martin Manufacturing appealed an administrative determination with
respect to use taxes allegedly owed to the City of Englewood. Martin
Manufacturing and the City are entering into this Agreement to fully settle
this dispute.
2. Payment. At the time this Agreement is signed, Martin
Manufacturing shall pay the City of Englewood the sum of EIGHT
THOUSAND, TWO HUNDRED TWENTY-SEVEN AND 53/100 DOLLARS
($8,227.53). Said amount shall be paid from the cash bond previously posted
by Martin Manufacturing, the remaining EIGHT THOUSAND, TWO
HUNDRED TWENTY-SEVEN AND 53/100 DOLLARS ($8,227.53) shall be
returned to Martin Manufacturing. The City of Englewood acknowledges
receipt of this sum. Additionally, any interest earned on said cash bond
shall be distributed equally between City of Englewood and Martin
Manufacturing.
3. Rele11e. The City of Englewood releases Martin
Manufacturin,, its employees and qents, from any and all claims, liability
and damages of any kind which it claims in Case No. 90 CV 3254. Martin
Manufacturing releases the City of Enalewood, its employees and apnts,
from any and all claims, liability and damqes of any kind which it claims
in Case No. 90 CV 3254.
4. Di1mi1yl. At the time this Aanement is lianed, the attorneys
for Martin Manuf'acturin1 and the City of' En1lewood shall sip a
stipulation f'or dismiual with prejudice of'Case No. 90 CV 3254 and shall
promptly file it with the Court.
5. Payment pf Future Uy Iu11. Martin Manufacturin, and the
City of Englewood acne to discuss and neptiate items that will be subject to
use taxes in the future, includina lhe amount thereof and includina any
alleged past due amounts. Both Martin Manufacturina and the City of
Enalewood will work in pod f'aith to determine the items subject to use tax
and the amounta to be paid, if' any .
8. ftepreyntatipn•. Martin Manufacturin, and the City of
En1lewood represent. and warrant. to each other that no promise or
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agreement not expressed herein has been made to any other party, that this
Agreement constitutes the entire agreement between the parties for the
purposes set forth herein, and that the terms of this agreement are
contractual and not mere recitals. Martin Manufacturin, and the City of
Englewood also acknowledge that they have read this A,reement, have had
the opportunity to consult with their own attorney prior to executin1 the
Agreement, and that they fully understand the terms of this A,reement.
MARTIN MANUFACTURING COMPANY, INC.
By:
STATE OF COLORADO )
)as. COUNTY OF ARAPAHOE )
SUBSCRmED AND SWORN to Wore me thia _ day of Aupat,
1991 by for Martin Manufacturin, Company, Inc.
THE CITY OP ENGLEWOOD, COLORADO
By:
Suaan Van Dyke, Mayor
Atteat:
Patricia ff. Crow, City Clerk
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AIENDA ITEII 7A -SEPTEIIIER 3, 1991
(DERELICT VEHICLES)
ACKER: MY NAME IS BETTY ACKER, 3140 SO. DELAWARE, ENGLEWOOD, COLORADO,
AND I'VE LIVED THERE AT THAT ADDRESS SINCE 1945, AND I'VE LIVED IN
ENGLEWOOD SINCE 1942. WELL, I'M HEAR TO SPEAK AGAIN ABOUT THE
DERELICT ORDINANCE THAT I FEEL IS UNFAIR, ANO IF MORE PEOPLE TOOK
THE ENGLEWOOD HERALD, I'M SURE THAT THEY'D BE HERE TOO TO ALSO
PROTEST AND EXPRESS THEIR VIEWS AND, AH, IF THEY KNEW THAT THEY
COULD DO THIS TO COUNCIL. A LOT OF PEOPLE DON'T KNOW THIS, IT'S A
PITY THAT MORE DON'T.
THE NEW DERELICT AND HOBBY ORDINANCE INTRODUCED BY COUNCIL MEMBERS
HATHAWAY ANO CLAYTON HAS RAISED SOME INTERESTING QUESTIONS. IF
THE REASON WAS INDEED TO CLEAN UP THE PROPERTY APPEARANCE, THEN
WHY WAS THE FEE/TAX AND ANNUAL ONE, BECAUSE THE VEHICLE CAN BE
KEPT ON THE PROPERTY INDEFINITELY IF THE FEE IS PAID. PAYING THE
FEE IS NOT GOING TO MAKE YOUR PROPERTY LOOK ANY BETTER THAN
COMPLYING WITH THE OLD ORDINANCE WHICH STIPULATED THE VEHICLE BE
KEPT STORED IN AN ENCLOSURE OR KEPT COVERED IF BEING WORKED ON.
THE TWO ORDINANCES ARE ALMOST IDENTICAL EXCEPT THE NEW ONE CALLS A
VEHICLE A DERELICT IF IT DOESN'T HAVE A CURRENT LICENSE PLATE, AN
DIUSSIONS STICKER OR INSURANCE. AND THAT'S RIDICULOUS BECAUSE IF
YOU'RE NOT ORIVING A CAR OFF YOUR PROPERTY, IT DOES NOT NEED TO BE
INSURED, SO I'M WONDERING WHO IS THE ONE THAT WANTS TO SELL THE
INSURANCE IN THE COUNCIL OR KNOIIS OF AN INSURANCE NAN. IT RAISES
AN INTERESTING QUESTION. IT ALSO RAISES ANOTHER QUESTION, COULD
IT BE POSSIBLE THAT IT'S INTEll>ED TO BE A MONEY MAKING SCHEME
SINCE IT IS COMMON KNOWLEDGE THAT ENGLEWOOD'S FINANCIAL SITUATION
IS FAR FROM GODO. SINCE THE ESTIMTED NIIIIER OF DERELICT AND
HOBBY VEHICLES IS AT LEAST 600 THAT WOULD BRING IN $60,000 EVEN
THOUGH ONE COUNCILMAN STATED THIS WAS NOT THEIR INTENTION. NO ONE
QUESTIONS THE NEED TO KEEP ONE'S PROPERTY IN GODO SHAPE, AH, AND
TO KEEP IT UP TO WHERE IT ISN'T A PROBLEM, TO CUT THE WEEDS AND
KEEP THE LITTER AWAY AND KEEP A VEHICLE COVERED IF IT NEEDS BE.
BUT IF CITY COUNCIL IIANTS PEOPLE TO DE OUT OF ENGLEWOOD THEY
MADE A GODO START BY PENALIZING THOI FOR HAVING A VEHICLE THEY'RE
WORKING ON OR RESTORING OR SIMPLY KEEPING IT THERE UNTIL THEY CAN
GET THE NOIIEY TO FIX IT. NO ONE HAS THE RICiHT TO DICTATE WHAT A
CITIZEN CM DO AS LONG AS THE PROPERTY IS IN GOOD SHAPE . THIS IS
ABSOLUTELY INTERFERING WITH LIFE, LIBERTY, AND THE PURSUIT OF
HAPPINESS . VE LIVE IN A FREE COUNTRY, BUT EVIDENTLY DON'T HAVE
THE SME RICHTS IN ENCLEVOOD. THE IDEA THAT A VEHICLE CM BE
CALLED A DERELICT JUST BECAUSE IT DOESN'T HAVE A CURRENT LICENSE
PLATE, DIIISSION STICKER , AND INSURANCE IS IDIOTIC. INSURANCE IS A
REQUIROIENT IY LAV FOR PROTECTION WHEN IT'S BEING DRIVEN, AND I
HAVE NOT EVER READ A THING ABOUT IT HAVING TO HAVE IT WHEN IT 'S
JUST SITTING ON ONES PROPERTY. AND IF THE NEV ORDINANCE 'S PURPOSE
IS TO BEAUTIFY ENGLEWOOD THEN SOMEONE SHOULD PAY ATTENTION TO THE
TRASH CONTAINER BEHINO THE APARTNENTS ON SOUTH IIAIIUK AND VEST
HANPOEN AS YOU 'RE GOING EAST ON HMPOEN JUST CLOSE TO THE BROADIIAY
TURNOFF, THERE 'S, BEHINO THE APARTNENTS , THERE'S A IIG TRASH
DUMPSTER WITH TRASH ALL OVER. SO THAT IS NOT THE IDEA OF THIS
ORDINANCE . IT 'S THE IDEA FOR THE DEY PART . IT'S AN ABSOLUTE
EYESORE AND IT 'S BEEN THERE FOR A LONG TINE.
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SINCE A LOT OF THE SO-CALLED DERELICT VEHICLES ARE PARKED CLOSE TO
THE ALLEY AND CAN ONLY BE SEEN THROUGH CRACKS IN THE FENCES, HOW
CAN ANYONE OBJECT TO THAT? MENTION HAS BEEN MADE THAT PEOPLE
DRIVING THROUGH ENGLEIIOOO WILL NOT BE IMPRESSED BY OUR CITY
BECAUSE OF THE DERELICT VEHICLES . SO DOES ANYONE HONESTLY THINK
THEY'RE GOING TO BE ORIYING UP All> OOIIN THE ALLEYS? BUT THEY WILL
NOT EVEN CONSIDER DING TO ENGLEIIOOO IF THEY FINO OUT ABOUT THE
FEE IN THE ORDINANCE NOR Ifill THEY STAY IF THEY DO DE HERE . AND
BY HAYING TO PAY THE $100 PE1t VEHICLE IT WILL MEAN THAT IT CAN
TAKE LONGER TO PUT THE VEHICLE IN IIORKING ORDER, BECAUSE A LOT OF
PEOPLE DON'T HAVE THAT UH EXTRA DEY. IT WILL MEAN THEY WILL
BE BUYING FEVER CAR PARTS All> SUBSEQUENTLY LESS REVEIIIE FOR THE
CITY. All> THERE'S NOTHING TO STOP PEOPLE FIION SHOPPING FOR OTHER
THINGS OUTSIDE OF ENGLEIIOOD, All> THERE'S NOTHING TO STOP A LOT OF
PEOPLE FIION DING OUT OF ENGLEIIOOD, CAUSE A LOT OF PEOPLE JUST
CAN'T AFFOII> THIS. TH£ FACT REMIIS THAT THE NEIi Oll>INMCE VAS
NOT NEEDED All> THE FEE IS AISOLUTELY laFAIR. IT IS THE OPINION OF
A UEAT IUIBER Of ENQEIIOOO CITIZENS THAT THE COIIICIL DOES EXACTLY
AS IT PLEASES, EVEN THOUCH THEY HAY£ STIIIIC OBJECTIONS All> THAT
CERTAINLY MISES A QUESTION Of lltETHER THIS COIIICIL IS
REPRESOOill8 THE PEOPLE OR THOISELWES. THEY at CERTAINLY SHOULD
BE CCIISIDER1118 THE CITIZEN'S RIIHTS, CCIICEIIIS, All> NEEDS. All> I
JUST M REALLY SORRY THAT A LOT NORE PEOPLE AREN'T IOE. A I A
TRADill8 POST HAD A PETITICII UP TN£RE TOMY, THEY HAD ABOUT 15
PETITIONS THAT ll£RE SHINED Ml) I DON'T ICD IIIAT HAPPENED THAT THE
MN DIDN'T MI118 THEIi OOIIN, BUT THERE'S A LOT Of TALK GOING ON All>
THlll8S 1£1118 DONE AIOUT THIS, AM> PEOPLE ARE NOT &01118 TO FORGET
IT. THAii( YOU.
VAN DYKE: lfE APPIIECIATE YOUR INPUT, IETTY, AM> JUST FOR THE IIECOII> I lfOULD
LIU TO R81Im EVEIYGIIE THAT IIE ARE FINE-TIIIIll8 THE ORDINANCE 111TH
11IDSE POlffl TO IE FIMLIZED THIS 1111TH.
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BETTY ACKER -7(A) RETURNED TO THE POOilM
ACKER: I FORGOT TO SAY SCIIETHING. YOU PROBABLY THINK THAT I HAVE MY YARD
FULL OF DERELICT VEHICLES. I DO NOT. I ONLY HAVE MY CAR THAT IS
LICENSED, BUT I WANT THE RIGHT IF I BUY A CAR TO FIX IT UP TO
WHERE IT IS PRESENTABLE, I DON'T WANT TO HAVE TO INSURE IT
IIIIEDIATELY, I DON'T WANT TO HAVE TO LICENSE IT I"4rnJATELY . I
THINK I HAVE THAT RIGHT. AND AS FAR AS THE OLD ORDINANCE NOT
WORKING, WHICH WAS ENACTED IN 1988, THE OLD ORDINANCE IS WORD FOR
WORD THE WAY THE NEIi ONE IS AND I'll READ YOU THE OLD ONE. THE
OLD ONE SAYS, DEFINING A DERELICT VEHICLE: ANY VEHICLE WHICH IS
WRECKED, DAMAGED, SUBSTANTIALLY DISMANTLED TO THE EXTENT THAT SUCH
VEHICLE IS INOPERABLE OR IS INCAPABLE Of BEING QED UNDER ITS OWN
POWER. IT SHALL INCLUDE ALL VEHICLES MISSING ONE OR MORE WHEELS.
IT SHALL NOT INCLUDE THOSE VEHICLES WHOSE ONLY DEFICIENCY IS A
LACK OF A CURRENT LICENSE PLATE OR ENISSION STICKER AND THOSE
VEHICLES OF BEING NOOIFIED OR THAT HAVE BEEN NOOIFIED AS HOBBY
TYPE VEHICLES. NI> YOUR NEW OIIDINANCE SAYS: MY VEHICLE WHICH IS
WRECKED, DNINiED OR SUBSTANTIALLY DISIIMTLED TO THE EXTENT THAT
SUCH VEHICLE IS INOPEUILE OR IS INCAPABLE Of BEING NOVED UNDER
ITS OWN POMER. IT SHALL INCLUDE MY VEHICLE MISSING ONE OR MORE
WHEELS AND 111V VEHICLE -UP TO NOii, IT'S WOii> FOR WORD WITH YOUR
OLD ONE -WHICH LAClS A Cl8EIT LICENSE PLATE OR ENISSION STICKER
OR WHICH LACKS INSURMCE. NOii I AGREE IIHOLEHEARTEDLY ABOUT
VEHICLES THAT ARE M EYESORE. BUT THIS CONCERNS CARS THAT DO NOT
JUST DON'T HAVE CUll£NT LICENSE PLATES. THERE'S NO REASON,
THERE'S NOT ON REASCII IN THE WORLD TO THINK THAT THIS IS GOING TO
BE WORltAILE WHEN YOU Dllll'T EVEN BOTHER TO ENFORCE THE OLD ONE.
WHAT MMES YOU THINK YOU'RE GOING TO ENFORCE THIS ONE. ARE YOU
501• TO IE AILE TO CREATE SOIIE JOI FOR SOIIEBOOY WHOSE UNCLE OR
FATHER OR _,THER •ms A JOI SO THEY CM 50 OUT AND PUT AH, AH
TICKm ON All THESE, CAUSE IT'S ... Fa WOii), All) YOU Dllll'T
mN ENFORCE IT. All) A CAR THAT'S •n IIIUl£0 a ENISSION STICKER
a DOESN'T HAVE A CURIIEIT LICEISE Pl.ATE COUlO IE A VERY 8000
LOOII• VEHICLE, SO I DON'T SEE YOUR, ..., YOU FIUE.
VAN DYKE: BEnY, II( APPRECIATE YOUR IIIVT. AH, THIS IIEALLY ISN'T THE FORUM
Fa DHATE. I DON'T IIMT TO IET YOU All) ... CLAYTIII 501• A&AIN.
WE 00 APPRECIATE YOUR INPUT.
CLAYTON: I'D IE HAPPY TO TALK WITH YOU AFTER THE •n1•.
ACKER: CICAY, BUT IT'S IUI) FOR IUI), SO ...
VAN DYKE: WE APPRECIATE THAT POINT.
ACKER: THE FIRST ONE SHOULD IE ENFORCED.
VAN DYKE: THMK YOU VERY MUCH.
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AIEll>A ITDI 71 -SEPTDIIER 3, 1991
(HOBBY/DERELICT VEHICLES)
MY NAME IS RAY BARLOW, I LIVE AT 3120 SOUTH CORONA. I SPOKE TO
COUNCIL LAST MEETING ABOUT THIS DERELICT VEHICLE LAW AND I YOU'LL
REMEMBER I'M AGAINST IT. I GOT SOME PETITIONS FROM STEVE PURYEAR
AND I WAS GETIING SOME SIGNATURES ON THOSE AND I WAS GOING TO GIVE
THEM TO HIM, I THOUGHT HE WAS GOING TO BE HERE TONIGHT. AH, I'VE
ONLY GOT 27 BECAUSE I HAD NO IDEA IT WOULD TAKE THAT MUCH TIME.
PEOPLE AREN'T AWARE OF THIS LAW, MOST OF THEM. SO YOU HAVE TO
EXPLAIN WHAT'S GOING ON AND THEY CAN'T BELIEVE IT AT FIRST. AND
LIKE I SAY IT'S VERY TIME CONSUMING TO TALK TO THEM AND GET THESE
SIGNATURES, BUT, LIKE I SAY, I HAD 27 PEOPLE TO SIGN THIS AND SOME
OF THEM INOICATED THEY'D TRY TO BE HERE TONIGHT IF THEY COULD.
SOME OF THEM HAD COMPANY FRON OUT OF TOWN. BUT NO ONE REFUSED TO
SIGN THIS PETITION, AND I DON'T KNOW, A LOT OF THEM MENTIONED
EXTORTION, CONMUNISN, RECALL, AH, All>, AH, THEY'RE JUST VERY
lNtAPPY. THEY THIMC THIS IS VERY llfFAIR AND THE IMPRESSION WAS
THAT I GOT WAS THIS IS NOT OVER YET. THAT, I DON'T KNOW, GIVE
THEN A UTILE TIME TO GET GOING OR GET TOGETHER OR REGROUP OR
WHATEVER, AND I THIMC THEY'RE GOING TO COME OUT IN IIRERS. I
DON'T KNOW, AS YOU CAN SEE THERE'S VERY FEW HERE TONIGHT, BUT THE
ONES I TALKED TO ARE VERY, VERY UNHAPPY, THEY THIMC IT'S VERY
llfFAIR.
VAN DYKE: RAY, WOULD YOU SUINIT THOSE TO THE CITY CLERK?
BARLOW: YES.
CLERK: THMIC YOU.
BARLOW: SO, I GUESS THAT'S ABOUT ALL I HAWE. LIKE I SAY, FD IIIAT I SAW
All> HEAii>, MOST OF THEN WERE IIIT EYtll MIME THIS UII HM> IEEII
PASSED, All> I GUESS IT'S TOO UD THEY D'T TM£ TH( HEIIALD
BECAUSE THAT SEEJIS TO IE TH( CII.Y IIAY TD Fim OUT. IUT D THAT A
LOT OF THEN DO ICIOI, I THI• NORE OF THOI IIILL nm OUT AIOUT IT -
lam OF MOUTH, All> P£0PlE CALLI•,_, I THI• WE'RE IOI• TD HEAR MORE AGAINST THIS, THAT'S NY OPIIICII.
VAN DYKE: M. CLAYTON, YOU HAVE A CCIIDT?
CLAYTON: M. BARLOW, DID YOU ICIOI THAT THE CITY SOT OUT IOO LITTERS
DIRECTLY TO THE OIIIERS OF WEHICLES, DERELICT_, HOIIIY VEHICLES?
BARLOW: YES. YES.
CLAYTON: SO DID THESE P£0PlE RECEIVE THOSE LETIEIS? DID YOU ASlt THDI, OR
.•. DID THEY READ THE LETIEIS?
BARLOW : ONE LADY DID MENTICII THAT SHE RECEIVED CIIE .
CLAYTON : CAUSE I JUST INT TO POIIT OUT THAT THEY Dllll 'T HAVE TO TME THE
SENTINEL TO GET CIIE OF THOSE IOO .... I NEAii IOO LETIERS THAT'S A LOT OF LETIERS .
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BARLOW: THAT'S RIGHT. THAT'S A LOT OF LETTERS, ANO ...
CLAYTON: I'M ALSO CURIOUS ...
BARLOW: I, I ASSUME A LOT OF PEOPLE I TALKED TO DID NOT GET A LETTER.
BUT, YES, I DO REMEMBER ONE LADY MENTIONING A LETTER SHE GOT. BUT
THE MAJORITY OF THEM SEEMED TO BE IN THE DARK SO TO SPEAK THAT
THERE WAS SUCH A LAW EVEN PASSED.
CLAYTON: HOW WOULD YOU FEEL ABOUT PUTTING THIS ON THE BALLOT IN NOVEMBER?
BARLOW:
JUST PUT THE BALLOT, JUST PUT THE ISSUE UP TO EVERYONE IN THE CITY
OF ENGLEWOOD ANO ASK THEM IF THEY WANT TO PERMIT THE STORAGE OF
JUNK CARS AT ALL. MAYBE JUST BAN THEM. WHAT DO YOU THINK? DO
YOU THINK THAT WOULD BE A GOOD IDEA?
I, I THINK THAT WOULD BE FAIR.
CLAYTON: DO YOU? ANO IF THE PEOPLE OF ENGLEIIOOO THEN SAID: WE DON'T WANT
THEM AT All, THEN THAT WOULD BE ACCEPTABLE TO YOU?
BARLOW: YOU HAVE TO GO ALONG WITH THE MAJORITY. IT'S A DEMOCRACY. THE
ONE PROBLEM WITH THAT IS A LOT OF PEOPLE THAT THIS WOULDN'T AFFECT
MIGHT GET THE WRONG IDEA. THEY MIGHT GET A PICTURE OF THESE
VEHICLES SITTING OUT IN THE FIELD WITH WEEDS GROIIING UP THROUGH
THE FRME ...
CLAYTON: THAT'S THE WAY THEY ARE.
BARLOW: NO WHEELS, BUT YOU HAVE A LOT OF VEHICLES IN ENGLEIIOOO THAT AREN'T
LIKE THAT. YOU HAVE A LOT OF VEHICLES IN ENGLEIIOOO THAT ARE
UNLICENSED THAT LB BETTER THAN SOME OF THE CARS ON THE ROAD THAT
ARE LICENSED. SO. THAT• THAT'S INT I'M SAYING. I THI• I SEE
YOUR POINT. I Dlll'T THI• LIKE BETTY ACKER THAT YOU'RE OUT FOR
THE au. BUT I Dlll'T ICD. I COULD I(... I THI• YOU'RE
OUT TO CLEAN UP TH[SE EYESORES. BUT I THI• YOU'RE. IT'S MSS
PUNISHMENT. I THI• IT'S A Ult THAT PENALIZES THE INNOCENT SO TO
SPEM. All> THIS SEENS TO IE THE WY IMY OUT. CICAY. LET'S COME
DOIII ON EVERYIDOY. IF A VEHICLE IS 11l.ICEISED 1 I DIii' T CME IF
IT'S A IRAII> ID CADILLAC. YOU NY YOUI HUIIDRED DOU.Alt FEE All>
THAT'S IT. OR YOU GET RID Of IT. -SO. LIKE I SAY• A LOT OF
PEOPLE MIGHT GET THE IRIIG HIPRESSING. THEY MIGHT PICTURE TH[SE
VEHICLES MD SAY, LET'S GET RID OF THOSE. LET'S GET RID OF THOSE
EYESORES. SO MAYBE THEY WOUlD VOTE. YOU ICD 1 MAIIST THE PEOPLE
THAT NEED TO HAVE AN lllllCENSED VEHICLES THERE AT TIMES.
CLAYTON: I THI• THEY PAOIAILY IIOUt.O. I THI• THERE'S A TREIIEIIJOUS MOUNT
OF SUPPORT IN THE COIIUIITY FOR GETTING RID Of AT LWT THE Sil OR
SEVEN HUNDRED EYESORES. THE CIIES 111TH lfEEDS allfllli TNIOUIH THEM,
MD lfE 'VE SO FAR HAVEN'T HAD All>THER IMY EFFECTIVE THAT WORKED, SO
BARLOII: 111£LL, THEN I THI• 111£ NEED TO GO UCl TO THE DRMIING IOARD, DON 'T
YOU?
CLAYTON: I THI• THIS IS WORllNG REAL 111£ll. I THI•. I UNDERSTAND THAT
lfE'VE GOTTEN RID Of AIOUT 200 CARS SO FAR 1 •• NI, I THI• IT'S
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WORKING REAL WELL. I THINK THE CARS THAT ARE BEHIND THE FENCE
THAT YOU CAN'T SEE, I DOUBT THAT ANYBODY'S GOING TO CITE THOSE
BECAUSE I DON'T THINK OUR CODE ENFORCEMENT PEOPLE HAVE THE TIME TO
CRAWL OVER FENCES AND PEAK THROUGH HOLES. BUT THERE'S AN AWFUL
LOT OF CARS, YOU DON'T HAYE TO LOOK THROUGH A HOLE IN A FENCE
CAUSE IT'S SITTING RIGHT OUT THERE IN THE FRONT YARD WITH THE
ENGINE GONE, TIRES GONE, WHEELS GONE ... WEEKS GROWING THROUGH IT
BARLOW: RIGHT.
CLAYTON; ... I THlllt THOSE CARS ARE GOING TO RECEIVE A TREMEflXJUS NIXINT OF
ENCOURAGEMENT FRCII THAT $100 FEE.
BARLOW: BUT WHAT WE NEED TO DO IS PUT A LAW INTO EFFECT THAT WILL TARGET THOSE PEOPLE AND NOT THE INNOCENT PEOPLE.
CLAYTON: WELL, I THlllt THAT'S WHAT 11£ HAYE.
BARLOW: NO. THE PERSON THAT'S RETIRED AND MAYBE THEY'RE ON A LIMITED
INCCIIE All> THEY REPAIR THEIR OWN CAR OR THEY GET A CAR All> FIX IT
UP, MAKE A LITTLE EXTRA MONEY ON THEIR DRIYEMAY IN THE BACK lltERE
IT'S NOT EVEN SEEN, All> ONE PERSON MENTIONED WHAT ABOUT THE PEOPLE
THAT DON'T HAVE A GARAGE, I NEAN IT'S LEGAL FOR AN UNLICENSED CAR
TO SIT IN A GARACE, WHAT ABOUT THE PEOPLE 11tO DON'T HAVE A GARAGE
All> CAN'T AFFORD CIIE? THEN YOU HEAR THE IIORD DISCRININATICII.
CLAYTCII: UM HUM.
VAN DYKE: NR. BULLOCK, DID YOU HAVE A QU(STICII?
BULLOCK: I, AH, I SIMPLY IMNTED TO SlaEST THAT MYIE, MAYBE YOU COULD
DRAFT SCIIETHINC THAT Nl&HT BETTER DEFINE lltAT A DERELICT VEHICLE
IS. APPAIOTLY BOTH YOU All> NS. ACKER HAVE MM011EO IN (II THE LICENSINC REQUIREJIENT, AS I RECALL ...
BARLOW: TO NE, THE MORD DERELICT IS •T A PLEASMT MORD. THAT, IT Rl&HT
IIAY, IT'S, IT SP£MS Of SCIIETHINC UIID€SIRABLE TO NE. BUT HOii NMY
NEl&HIORS DO YOU HEAR CCIIPUININC ABOUT CARS SITTINC (II THE
.. IVEIMY TO THEN, NEXT DOOR TO THEN OR IN THE BACK? IT'S
IN.ICENSEO. IT'S PRESENTABLE. IT HAS All FOllt HELS, IT HAS ALL
THE lflllJOIIS NI> IT, LIKE I SAY, IT LOCIIS IETTER THM SCINE Of THESE
CARS (II THE DO, BUT IT IS IN.ICENSEO. IT ISN'T BOTHERINC MYIDOY.
BULLOCK: IIELL, ...
BARLOW:
BULLOCK:
AT lWT IT'S .,T BOTHERINC THE PEOPU lltO LB AT IT, 11tO SEE IT .
YOU ICllllf, THAT ...
BARLOW: NI> TO NE THAT'S _,T A DERELICT VEHICLE.
BULLOCK: YOU'RE RICHY. YOU'RE ...
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BARLOW: A DERELICT VEHICLE I THINK IT WHAT'S SITTING OUT IN THE FIELD, NO
TIRES, NO WINDOWS, WEEDS GROWING UP THROUGH IT, MAYBE THE MOTORS
GONE ...
BULLOCK: THERE'S A LOT ...
BARLOW: MAYBE THE TRUNK'S GONE.
BULLOCK: THERE'S A LOT OF GREY BETWEEN THOSE TWO EXTREMES, ISN'T THERE?
BARLOW: AH, .... WELL, MAYBE SOMEWHAT. BUT WHAT I'M SAYING IS, AND I'VE
HEARD OTHER PEOPLE MENTION THIS, YOU HAVE A LAW AGAINST WEEDS ON A
FIELD. IF THEY GET SO HIGH, YOU NOTIFY THESE PEOPLE, HEY, THEY'RE
SUPPOSED TO BE CUT. RIGHT? WHY COULDN'T YOU NOTIFY THESE PEOPLE
WITH THE VEHICLE SITTING OUT IN THE FIELD, OR SITTING IN THEIR
FRONT YARD, THAT'S DISMANTLED, THAT'S ABANDONED. YOU CAN TELL
IT'S BEEN THERE FOR YEARS, NOTHINGS BEEN DONE TO IT, AND IT IS AN
EYESORE, I MEAN YOU CAN SPOT IT, IT'S OBVIOUS THAT IT'S NOT
LICENSED. IT COULDN'T BE LICENSED, NO WHEELS, NO WINDOWS, ...
BULLOCK: I THINK THAT'S BEING DONE CURRENTLY. AH, I THINK THAT ONE OF THE
CONCERNS THAT COUNCIL HAO WHEN THE DISCUSSION OF THIS THING KEEPS
COMING UP OR AS THE DISCUSSION OF THIS AS IT KEEPS COMING UP, IS
EASE OF ENFORCEMENT. ANO WHAT CAN WE DO TO MOTIVATE THOSE
VEHICLES, THOSE PEOPLE WHO OWN THOSE VEHICLES THAT REALLY ARE
PROBLEMS TO GET THEM OUT OUT OF THE SIGHT OF THEIR NEIGHBORS. YOU
KNOW, WE'RE GETTING LETIERS IN SUPPORT Of THE ORDINANCE. A LOT OF
PEOPLE SAY FINALLY IT'S ABOUT TIME. HERE'S THIS LETTER. FOR YOUR
INFORMATION IF YOU'D LIKE TO TAKE IT HOME WITH YOU. AH, THERE IS
A LOT OF SUPPORT OUT THERE IT WOULD APPEAR. l'M NOT CERTAIN THAT
WHAT WE'VE GOT IS THE FINAL RESULT THAT WE WANT, BUT YOU KNOW
CERTAINLY THE MONEY IS NOT THE MOTIVATION ANO THE LICENSING IS
MERELY TO PROVIDE SOME TYPE Of A THRESHOLD, SOME TYPE Of EASY
IDENTIFICATION TO IDENTIFY THESE DERELICT VEHICLES. BECAUSE EVEN
THOUGH THERE NAY BE AN UNLICENSED CADILLAC BUii) NEW IN SONEONE'S
DRIVEWAY, I THIii< IT'S SAFE TO SAY THAT PERHAPS 9SS DERELICT
VEHICLES ARE NOT LICENSABLE ANO IT'S A VERY EASY WAY TO IDENTIFY
THEM, AN EASY SIMPlE WAY TO IDENTIFY THEM.
HATHAWAY: YOUR HONOR, I'D JUST LIKE TO RELATE TO BOTH BETIY ANO M. BARLOW
THAT THE MJOR REASON THIS WAS PASSED, IT WAS PART OF A WHOLE
flJISANCE CODE THING. YOU CITED THE WEEDS, THAT'S PART OF THIS
THING AS WELL. THE ONE THAT SEEMS TO BE THE 116'EST BONE Of
CONTENTION IS THIS DERELICT VEHICLE PORTION OF IT. THIS THING WAS
PASSED AS A PACKAGE, GODO OR BAD. THERE ARE PORTIONS THAT
EVERYBODY COULD ARGUE AT ONE TIME OR ANOTHER. HAVING RECEIVED ONE
Of THE VEHICLE LETIERS MYSELF, IT ODES STATE THAT YOU lllY HAVE A
VEHICLE IN VIOLATIONS OF THIS. NY PARTICULAR VEHICLE iaJPENS TO
BE LICENSED. THEY JUST COULDN'T SEE THE LICENSE FROM THE STREET.
BUT THE POINT IS THAT THERr HAD TO BE SOME PLACE TO START ANO
THOSE LETIERS WERE SENT OU I • Lllff VOU SAID, PEOPLE &ET NOTICES FOR
THEIR WEEDS. THAT'S IN ESStNSE I WHAT THIS LETIER WAS,
NOTIFICATION YOU lllY BE IN VIOLATION OF THIS NEW ORDINANCE. THOSE
WERE SENT TO 900 PmPLE. l'M SURE THAT ADMINISTRATIVELY WE HAVE
DEALT WITH A GODO PORTION Of THOSE PEOPLE IN> HAVE EXACTLY THE
CONCERNS YOU HAVE. IT Ml&HT BE A CAR THAT JUST Rl&HT NOii IS NOT
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BARLOW:
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CURRENTLY INSURED OR LICENSED BECAUSE THE PEOPLE CAN'T AFFORD IT.
AND I THINK WE'RE DEALING WITH THOSE AND I THINK WHAT WE'RE GOING
TO SEE HERE AS THE MONTH PROGRESSES IS A REVISED PORTION OF THIS
ORDINANCE WHICH MAY INDEED INCLUDE A BETTER DEFINITION OF A
DERELICT VEHICLE. BUT THERE HAD TO BE SOME PLACE TO START SUCH AS
TIM MENTIONED. THERE HAD TO BE SOME PLACE TO START OR HOW DO YOU
FIGURE OUT, YOU KNOW, THAT ONE OF THOSE MIGHT HAVE ONE TIRE OFF,
STILL HAS AN ENGINE, AND IT'S NOT LICENSED, YOU KNOW. YOU COULD
THROW A TIRE ON AND SAY HEY IT'S BEEN SITTING OUT HERE, IT'S FINE.
SO THERE HAD TO BE SOME BASIS FOR COMPARISON TO START OUT WITH.
AND I THINK WHAT WE'RE TRYING TO DO IS WORK THROUGH A PROCESS, AND
IT'S BEEN TOUGH. IT WENT THROUGH A CITIZEN REVIEW COMMITTEE
THOUGH LONG BEFORE IT EVER CAME TO COUNCIL. NOW, TRUE, THE $100
FEE PORTION OF IT DID NOT GO THROUGH THAT PARTICULAR GROUP, BUT
THE DEFINITIONS FOR DERELICT, HOBBY, JUNK, WHATEVER DID. AND IN
FACT MOST OF THOSE RECOMMENDATIONS IN CHANGES FOR DEFINITIONS CAME
FROM THAT NUISANCE CODE REVIEW COMMITIEE WHICH WAS COMPOSED
BASICALLY OF A CITIZEN/RESIDENT All) A BUSINESS/RESIDENT IN EACH OF
THE DISTRICTS OF THE CITY, AND THEY SPENT A GOOD YEAR AND A HALF
REVIEWING THAT WHOLE NUISANCE CODE SECTION OF THE CODE. SO I HAVE
TO GIVE THEM CREDIT FOR CONING UP WITH PART OF THIS DEFINITION FOR
DERELICT VEHICLE THAT WE'RE ARE USING FOR COMPARISON.
DO YOU CLASS A HOBBY VEHICLE AS A DERELICT VEHICLE?
HATHAWAY: NOT NECESSARILY. WHAT I'M SAYING IS, THIS WAS PART OF THE
RECOMMENDATIONS THAT THEY CONE UP WAS THESE NEW DEFINITIONS. NOW
I'M NOT SAYING THEY'RE GOOD, BAD OR OTHERWISE. I'M SAYING, THEY
DID GO THROUGH A REVIEW BOAAO PLUS COIIICIL'S REVIEW, All) IF
THEY'RE WRONG THAT'S WHAT WE'RE WORKING ON RIGHT NOii. IS HOW DO
WE CONE UP WITH A BETIER DEFINITION SO THAT OUR CODE ENFORCEMENT
PEOPLE CAN GO OUT NI> ADDRESS THE EXACT THING YOU'RE TALKING
ABOUT. HOW DO VE ADDRESS AN EYESORE VERSUS ONE THAT IS SAY
LICENSABLE TCIIORROV IF THE GUY HAD MONEY TO GO DOIII NI> LICENSE
IT. SEE, THAT'S WHERE WE'RE AT RIGHT NOii. NI> WE'RE STILL
WORKING THROUGH THAT PROCESS. IT'S 000:RACY IN ACTION THAT
YOU'VE GONE OUT NI> PETITIONED NI> HAD TO EXPLAIN TO Z7 PEOPLE
THAT THIS EXISTED NI> WHAT IT REALLY MEANT. NI> I'D LIKE TO THANK
YOU FOR THAT EDUCATION PROCESS. YOU KNOii, TH£ BEST EFFORTS WE
HAVE, VE COULD HAVE SENT A LETIER TO EVERY CITIZEN IN THIS CITY,
THIS NOii EXISTS, BUT IT WOULON'T HAVE NECESSARILY, THERE'D BE A
CERTAIN PERCENTAGE Of THEM THAT WOULDN'T HAVE READ IT ANYWAY. SEE
WHAT 1 'M SAYING? NI> 1 'D LIKE TO THAii( YOU FOR THAT EFFORT TO GO
OUT NI> GET THOSE PETITIONS, BECAUSE QUITE FRANKLY I THI• THE
PUBLIC EDUCATION PORTION Of IT IS THE BIGGEST THING WE'VE GOT
GOING FOR US. I DON'T THI• IT SHOULD HAVE CONE DOIII THE PIKE
THAT WE'RE OUT TO GET YOU, CAUSE THAT'S NOT THE INTENTION AT ALL.
WE'RE OUT TO ADDRESS A NEED THAT CANE TO US 111£N VE REVISED THE
NUISANCE COO( IN THE FIRST PLACE, THAT A LOT OF THINGS VERE
ARBITRARY, OUR CODE ENFORCEMENT PEOPLE COULD NOT GO OUT NI>
ENFORCE THEM BECAUSE THERE VAS NOT A FINE LINE DIFFERENCE BETWEEN ,
YOU KNOii, WEEDS THAT VERE 6• AND WEEDS THAT VERE 6 1/Z, WHAT VAS
REALLY A WEED, WHAT VAS REALLY A JUNK VEHICLE, WHAT VAS THIS, THAT
NI> THE OTHER, All THE UTILE ESSENSE THAT GO INTO NUISANCE CODES .
NI> THIS VAS JUST M ATTEMPT TO GET THAT All CLEANED UP WHERE OUR
CODE ENFORCEMENT OFFICERS HAD A BASIS FOR CCWARISON. NI> I
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APPRECIATE EVERYBODY'S EFFORTS COMING DOWN HERE TO HELP US REVISE
THAT AND MAKE IT WORKABLE AND MAKE IT BETTER. THAT'S WHAT WE'VE
ATTEMPTED TO DO. AND OBVIOUSLY IN SOME RESPECTS IT'S WORKING AND
IN OTHER'S IT'S NOT. IT'S NOT SOMETHING THAT'S A DYNAMIC PROCESS
THAT WE CAN'T CONTINUE TO WORK ON.
HABENICHT: YOUR HONOR, I'M REALLY HEARING A CONSENSUS IN THE C<IIIJNITY THAT
THERE'S A LOT OF SUPPORT FOR ENFORCEMENT IN GETTING RID OF JUNK
CARS IN THE ABUNDANCE THAT WE SEEM TO HAVE IN ENGLEWOOD, THE
PHENOMENA. AT THE SAME TIME, I'M ALSO HEARING CONSENSUS IN THE
C<IIIJNITY EVEN FROM THOSE WHO, MANY OF THOSE WHO SUPPORT A STRONG
ENFORCEMENT AGAINST JUNK CARS, OR WHATEVER TERM YOU WANT TO USE,
THAT THIS $100 FEE IS ONEROUS AND SMACKS OF ALL SORTS OF
INEQUITIES. ANO I'M ALSO HEARING A CONCERN ABOUT THE, THE
DISCRETION BETWEEN LICENSED AND UNLICENSED, AND I HEARD TODAY
SOMETHING FROM MR. BULLOCK THAT MAKES ME SEE A GLIMMER OF LIGHT OF
A WAY TO BEGIN AND THAT WAS THE COMMENT LICENSEABLE. RATHER THAN
LICENSED. YOU KNOW, THAT MIGHT BE A STARTING POINT. BUT I 00
THINK THAT MAYBE THERE WAS NOT ENOUGH THOUGHT PUT INTO THIS BEFORE
IT WAS PASSED BECAUSE OF THE KINDS OF MISINFORMATION IS AVAILABLE
AND THAT WE 00 NEED TO WORK ON IT AND I WOULD LIKE TO KNOW, YOUR
HONOR, WHEN YOU INTEND TO HAVE US 00 THE FINE-TUNING ON THE
ORDINANCE? WHEN IT Will BE ON THE AGENDA?
VAN DYKE: WELL, MR. FRASER, 00 YOU HAVE A COMMENT?
FRASER: MAYOR, WE INDICATED WHEN LAST WE MET TWO WEEKS AGO THAT IT WOULD
PROBABLY BE THE MIOOLE OF SEPTEMBER WHEN WE COULD BACK TO YOU WITH
OUR RECOMMENDATIONS AND WE WOULD PRESENT THEM TO YOU IN STUDY
SESSION.
HABENICHT: I THIIIC IT WOULD BE HELPFUL FOR THESE PEOPLE TO KNOW ...
HATHAIIAY: Ill HUM!
HABENICHT: ... WHEN THIS WOULD CCIIE ABOUT. THANK YOU.
VAN DYKE: ... CLAYTON AND THEN MAYBE WE CAN VIND THIS C*E UP.
CLAYTC*: ... BARLOII, I THIM( WE SHOUL .. 'T MISUNDERSTAII> OUR INTENTIC*S
HUE, SO ONCE AGAIN I'll MICE NY INTENTIC*S VERY CLEAR. I THIM(
THE CITY HAS FAR TOO MANY JUNK CARS, NOT DERELICT VEHICLES, NOT
HOIIY VEHICLES -JUNK CARS. All> TO NE A JUNK CAR IS ONE THAT
ISN'T GOING TO BE WORKED Cit, IT'S ll>T BEING lfORKED ON, IT'S JUST
SITTING THERE LOOKING UGLY MICING OUR CITY LOOK UGLY. LIKE MS.
ACKER POINTS OUT, THAT OUNPSTER IS IN THAT SME CATECORY, TRASH IN
THE ALLEYS, WEEDS, WE HAVE A IUIBER Of PIIOILDIS THAT WE REALLY
NEED TO ADORESS IF WE'RE &GING TO FEEL CONFORTAllE All> COOi> AIOUT
OUR CCIIUUTY. JUNK CARS IS C*E Of THEN. NY INTENTION, All> IIHAT
l'N GOING TO CONTINUE TO WORK FOR IS, I VANT TO SEE THEN All GONE .
NOif IF SCIIEBOOY IIANTS TO PUT IT IN A fiARA&E WHERE I CAN'T SEE IT,
WELL, I ID'T THIM( IT'S NY RIGHT TO GO INTO PEOPLE'S HOUSES All>
TELL THEN IIHAT KIND Of TRASH THEY CAN STORE, MIT I ID'T VANT TO
HAVE TO LOOK AT IT. All> laTIL ...
BARLOII: THEN ..•
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CLAYTON: WAIT, LET ME •.•
BARLOW: THEN YOU OUGHT TO MOVE OUT OF ENGLEWOOD ••••
CLAYTON; LET ME FINISH, OKAY? NOW IF SOMEONE WANTS TO WORK ON A CAR IN HIS
YARD, I THINK THAT'S FINE. I APPLAUD THAT ••.
BARLOW: I 00 TOO.
CLAYTON: ••• I APPLAUD THAT ••.
BARLOW: I THINK THAT'~THERE BUSINESS, DON'T YOU?
CLAYTON: NOW, AT THE SANE, ON THE SANE HANO I DON'T THiflC, I DON'T WANT MY
NEIGHBORS RUNNING AN AUTO REPAIR SHOP OUT OF HIS GARAGE. I DON'T
THINK THAT'S A H(Jf£ OCCUPATION. I THiflC A RESIDENTIAL
NEIGHBORHOOD ISN'T THE PLACE WHERE YOU RUN A GARAGE, OR A MACHINE
SHOP, OR OTHER OCCUPATIONS THAT PRODUCE NOISE AND TRASH AND OTHER KINDS OF THINGS. SO •••
BARLOW: BUT IF YOU HAVE THAT CONDITION EXISTING •••
CLAYTON: All RIGHT •••
BARLOW: • • • USUALLY THE NEIGHBORS IIILL GET TOGETHER AND IIORIC SCIN£THING OUT.
CLAYTON: '*AY, NOif, SO •••
BARLOW: THE ONES THAT ARE IEING BOTHERED BY IT.
CLAYTON: If I NAY, LET NE FINISH. SO NY INTENTION IS JUST CLEARLY THAT.
1 'D LIKE TO SEE All THESE CMS THAT AREN'T 8£1• IIORICEO ON OUT Of
THE CITY. D AS FAR AS HAVI• IIVEN THIS SON[ lHOU&HT, II( TALKED
AIOUT THE ISSU( Of LICDISMl.E • llll>'S COi• TO TELL If IT'S
LICEIISMLE? SIW.L ME NII£ A lll)l[ NEV CR£V Of PEOPLE TO CO OUT
_, PNYSCIAI.LY IIISIECT lNES( VEHICLES TO DETt•INE llt(THH THEY'RE
LICDISMl.E OR IIJT? TIO THEY CO NIAY All> THEY DO IT MAIN NEXT IIEEIC. IIJ 11£ CM'T DO TNAT, SO •••
BARLOlf: NO, 11£ N([D ••••
CLAYTON: SO IIE NEED, THE POINT IS 11£ NEED SCIN£THING THAT'S ENFORCEABLE.
BARLOlf: TNAT'S WHY YOU DON'T NEED THIS LAIi.
CLAYTON: IIELL, ••• THEY •••
BARLOlf: THEY COUlON 'T IDENTIFY llt(TH[R HER (REFERRINC TO HATIWMY) VEHICLE IMS LICENSED OR NOT •••
CLAYTON: OUR CURRENT LAIi ...
WLOlf : llflll THEY LOOKED AT THE LIC[NS( Pl.ATE •
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CLAYTON: THE LAW THAT WE HAD BEFORE THIS ONE SIMPLY DIDN'T WORK. NOW WE
CAN TALK ABOUT HOW IT WAS THERE, BUT IT JUST DIDN'T WORK. IT'S
BEEN ON THE BOOKS NOW SINCE 19 •••• I DON'T KNOW •••
BARLOW: WHY DION'T IT WORK?
CLAYTON: WELL, IT DIDN'T WORK CAUSE YOU CAN'T •••
BARLOW: CAN'T WE ENFORCE LA11S IN ENGLEIIOOO? DON'T VE HAVE •••
CLAYTON: IF VE •••
BARLOW: ••• POLICE 0£PARTNENT •••
CLAYTON: IF WE WRITE BAD LAIIS •..
VAN DYKE: fll. CLAYTON •••
CLAYTON: ••• IIE CAN'T ENFORCE THEN.
VAN DYKE: fll. CLAYTC*, IF YOU All> fll. IMLOII MOULD ..•
CLAYTC*: ALL RIGHT.
VAN DYKE: ••• LIKE TO DISCUSS THIS AFTER THE NEETING, YOU'RE CERTAINLY FREE
TOO, BUT THERE'S NOT NUCH PlltPOSE IN DEBATING IT AT THIS POINT.
fll. IARLOII, IS THERE IIIY OTHER OISERVATJC* THAT YOU'D LIKE TO MAKE ml THIS ISSUE.
IARLOII: YES, I THINK CLAYTON HAS 80T THE IRJN& IDEA. I DON'T THINK IT'S
IIIY Of HIS MINESS IF PEOPLE IMIIT A VEHICLE SITTING IN 8AC1C OF
THEIR PIIOPERTY. NOii lltETNER HE LIKES THAT OR NOT, LIKE I SAID, IF
HE DOESN'T LIKE THAT, LET HIN NOV£ OUT Of EIILEIIDCIO. PEOPLE LIKE
A VEHICLE SITTING IN lNEIR mJYl'IMY -, IF lNEY CHDSE TO •YE C*£,
IF THEY NEED TO •YE -1NO£, THAT'S TIO£ IIISINESS. lNEY MY
PIDPEm TAI Fm THAT. -FOR SCW:IIIDY TO SUIIDOIL y DECIDE HE
ICllllfS NOii TO SAYE EIILEIIDCIO • HE NrS EIILEIIIOD TO La LIKE
THIS, Mt, Mt, THEIi I THINK HE IETitl CINI( HIS NI• MDUT THAT.
HE'S IOING TO FI• A LOT OF PEOPLE All£ WOY 111WPY 111TH HIS OPINIC*.
YAN DYKE: TIWIC YOU, ... MIil.Oii.
IARLOII: TIWIC YOU.
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A&Ell>A ITEII 7(C) -SEPTEIIIER 3, 11191
(DERELICT VEHICLES)
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MACALUSO: MY NAME IS JOE MACALUSO. I LIVE AT 4068 SOUTH WASHINGTON, AND
BASICALLY I JUST CAME UP TO HAND IN SOME PETITIONS, AND I'M JUST
CURIOUS IN HOW WE ARE GOING TO ENFORCE IT. WHAT ABOUT PEOPLE THAT
MOVE IN TOMORROW THAT DON'T KNOW ANYTHING ABOUT THE LAW? AND THEN
THEY SIT THERE FOR WHATEVER HOW MANY MONTHS BEFORE THEY GET TALKED
TO. JUST FOR INSTANCE.
VAN DYKE: MR. FRASER.
FRASER: I'M NOT EXACTLY SURE WHAT THE STAFF WOULD DO IN A CIRCUMSTANCE
LIKE THAT. TYPICALLY WITH, FOR EXMPLE A NEIi RESIDENT THAT HAD A
VEHICLE THAT WAS PARKED OR NOT LICENSm OR APPEARED TO OTHERWISE
MEET THE QUALIFICATIONS, lltEN THEY BECME AMARE Of THAT, THEY
WOULD MEET WITH THE RESIDENT. OUR TYPICAL PROCEDURE ON ANY
VIOLATION IS NOT TO WRITE FIRST BUT TO CONTACT FOLKS All> EXPLAIN
TO THEM WHAT THE PROVISIONS Of THE CODE ARE All> ENCOURAGE THEN TO
CCIIPLY. GIVE THEIi A PERIOD TO SEEK THAT CONPLIANCE. All> THEN IF
THERE IS NOT CONPLIANCE, THEN WE'D CONE BACK All> FOLLOW UP.
MACALUSO: <*AV. MY PARTICULAR SITUTION, I RESTORE CERTAIN YEAR MODEL OF
CAR. YOU CAN'T FIND PARTS, YOU'RE FORCING NE TO PUT MY PARTS CAR
IN THE GARA&E All> KEEP THE GOOD STUFF OUTSIDE.
CLAYTON: YOU DO THIS AT YOUR HONE?
MACALUSO: YEAH.
CLAYTON: HAVE YOU EYER THOUliHT AIOUT RENTING A CONNERICAL BUILDING, All>
DOING IT AT A DE SUITAlt.E LOCATI•?
MCALUSO: WELL, I DON'T HAVE TINE TO IE mlVINli All OVER TOIII TO, YOU KNOW,
CCIIE HONE FION ... All) no mIVE UCl TO THE OTHER SIDE Of TOWN
TO IOIC • A CM, YOU ICD IIMT I NEM? PLUS THE MDITICIW.
EXPENSE. l'N, YOU ICD, IT JUST DOESN'T S(EJI TO 1ME 1UH SENSE.
I THI• MY POSITI ... I SP£II) A LOT OF IUIEY TO M MY HOUSE IN
SCIIIE KIND OF OID(R TO IIIERE IT D'T LOOI UD, All) D 1 'N &ETIING
BURNT. SO, LIKE I SAY, I JUST IMTm TO HAIi> IN THE PETITION.
VAN DYKE: JOE, THERE NICNT IE SCIIIE OPPORTIIIITY FOR US TO Ml* WITH YOU IF
YOU HAVE A HOIIY VEHICLE THAT YOU ME ..-1NG • THAT YOU ARE
liOINli TO PUT TOCETHER IN TINE IJEPEll)JNli CII THE LINITATI• Of
PARTS •
MCALUSO: WELL, YOU SEE NT 1 'N SAYING IS YOU FORCE NE TO PUT MY PARTS CAR
IN THE CAUGE All> MY liOOO STUFF HAS TO SIT OUT IN THE WEATHER .
CLAYT•:
YOU ICD, THERE 'S Ill ltAY MY PARTS CAR IS liOING TO IE U.ING IIITIL
IT'S &CIIE.
YOUR PARTS CAil, THAT'S THE CIIE THAT'S All TAKEN APART PIIOIMLY,
RICNT?
MCALUSO: IT'S LEFT IN OID(R DIUIM TO IIIERE IT DOESN'T LOOI UD.
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CLAYTON: SO IT HAS WHEELS ANO ENGINE?
MACALUSO: RIGHT.
CLAYTON: IT RUNS?
MACALUSO: IT CAN BE RUNNING WITHIN A DAY IF I WANTED IT TO. IT'S NOT THE INTENT OF THE CAR.
CLAYTON: THE INTENT IS JUST TO SORT OF SIT THERE ...
CLAYTON & MACALUSO: AS PARTS.
MACALUSO: RIGHT. I COULD TAKE THE lltOLE CAR APART AM> I COULD STRIN& TH£N
THROUGH NY GARAGE, AM> THEN I STILL DON'T HAYE IIIOON FOR NY &oOD
STUFF. SO, I DON'T ICD. I JUST IIANTED TO HAIi) IN NY PETITICIIS.
VAN DYKE: PLEASE, JUST HAD TH9I TO TH( CITY CLERK. TIWlt YOU, JOE.
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A&Ell>A ITEII 14(F) -CITY ATIOINEY
DEWITT: THE OTHER THING THAT YOU SHOULD BE AWARE OF IS DOMESTIC VIOLENCE,
VIOLATIONS ARE BECOMING MORE AND MORE SOPHISTICATED ALL THE TIME.
AH, WHAT WE'RE FINOING OUT NOW IS THAT, IS THAT WE'RE STARTING TO
DEAL WITH MORE MIDDLE CLASS TYPE PERSONS RATHER THAN THOSE WHO MAY
BE ON THE FRINGES OF POVERTY. AND WE'RE FINDING OUT THAT THE IM-
PLICATIONS OF AN ACTION CAN BE EXTREMELY SEVERE. IN OTHER WORDS,
SOMEONE SENT TO JAIL OR SOMEONE HAS A SIGNIFICANT PENALTY IMPOSED,
THEY CAN LOSE A JOB THAT MEANS SOMETHING. WE'RE NOT TALKING ABOUT
SOMEONE WHO'S WORKING ON, FOR JUST, YOU KNOW, MINIMUM WAGE. AND
IIE'RE LOOKING AT THIS AND WE'RE TRYING TO ADJUST OUR APPROACH OF
DEALING WITH IT SO THAT WE'RE, WE'RE CLEAR IN THE INTENT OF DOMES-
TIC VIOLENCE, THAT'S ENFORCEMENT, CONSISTENT ENFORCEMENT, NO BACK-
ING OUT BECAUSE, YOU KNOii, IN THE CASES THAT WE'RE FINOING NOW BOTH
PARTIES REALIZE THEY HAVE AN ECOIIOMIC BASE TO LOSE. SO WE'RE
TRYING TO DEAL WITH THAT SUBJECT AS IIELL.
BULLOCK: THERE'S ALWAYS WEEKEfl> DETENTION AID WORK PROGRMS, IS THERE NOT,
THAT WE COULD IMPUJDT AT THE UICIPAL LEVEL SIMILAR TO WHAT'S
BEING IMPLEMENTm AT THE STATE LEVEL?
DEWITI: IIELL, YOU KNOii, THERE ARE NAIY STICMS THAT CAI BE ASSOCIATED TO A
SITUATION LIKE A CONVICTION CAI BRING THAT IIOULD CERTAINLY, YOU
KNOii, WE CAI BE FLEXIBLE BUT THE EMPLOYER MIGHT VERY IIELL NOT BE
FLEXIBLE. AN EMPLOYER MIGHT START TO LOOK AT THIS PERSON AS BEING
UNSUITABLE FOR CERTAIN KINDS Of EMPLOYMENT. YOU RODBER THE GRAY
CASE OVER IN CHERRY HILLS IIIERE TH£ PERSON LITERALLY KNOClED THE
LIVING DAYLIGHTS OUT Of THE PERSON'S WIFE AND I BELIEVE HE IIOUfl> UP
WITH ATIEMPTm MURDER CHAll&ES AID HE Plm fiUILDING, AND HE'S NOW
SERVING 40 YEARS IN THE STATE PEN. THAT'S THE ULTIMATE Klfl> Of
SITUATION, BUT YOU KNOii, WE'RE DEALING WITH Klfl> Of THE MIDOl.E
CLASS, HERE. IIIERE A LOSS Of A JOB CAI IMKE AN IMPACT ON WHAT
TH£Y'RE DOING, SO IIE'RE LDOKINCi AT THIS AND WE'RE DEAl.1115 WITH DE
SOPHISTICATm TYPES Of DEFENSE, 11£'1£ DEAl.1115 MITH SflOUSES D IN>
ME IMKINCi ECOIIOMIC DECISICIIS MTHO THAN PIIMIMTIC DECISICIIS, YOU
ICD, WE'ii£ JUST STUDYINCi THE IIHOl.E MEA. IIE'IE KIii> Of c.>1115 INTO
AN DANCm STME Of DOMESTIC VIOl.DICE, AND 11£ DCll'T 1C101 HOii IT'S
c.>1115 TO SHME OUT.
HABENICHT: MELL, I JUST WINT TO IMKE SUI£ THAT YOU MEN'T SUGIESTINCi THAT MID-
OLE CLASS DOMESTIC VIOl.EICE IS IIJIE TOl.EIMLE THAN THE LOWER CLASS.
WUiCINS: AFFI-TIVE. I'M WITH YOU THEIi£.
DEIIITI: I'M ...
lllfifilNS: IT SHOULD BE EQUAL ALL THE IMY AIOUIID.
DEIIITI: ALL 1 'M SAVIN& ...
HABENICHT: THIS REALLY CONCERNS ME.
DEIIJTI: ALL I 'N SAVIN& IS THAT THE PEOPLE IIMlVED JI A DOMESTIC VIOLENCE
SITUATION ARE IIJIE IIICOOPEMTIVE, THEY ARE SMITER AND All( TO HIDE
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THE FACTS OF THE CASE IN A NORE SOPHISTICATED MANNER. THESE PEOPLE
ARE MAKING A DECISION THAT WILL PUT, THAT FOR THEM THAT THEY CAN
CONTROL, ALTHOUGH THEY HAVEN'T CONTROLLED IT VERY WELL CAUSE WE'VE
GOTTEN INVOLVED. I'M SAYING THAT THE ENFORCEMENT OF THIS AREA IS
BECOMING NORE COMPLEX. THE NEED FOR INVESTIGATION IS BECOMING MORE
APPARENT. ANO I'M SAYING THAT EVERYONE HAS A LOT MORE TO LOSE. SO
WE'RE, YOU KNOW THE DEFENSES ARE MUCH NORE SOPHISTICATED AND SO YOU KNOW, THE ANTE GOES UP.
HABENICHT: THAT'S MUCH NORE ACCEPTABLE THAN WHAT I WAS THINKING I WAS HEARING. THANK YOU.
DEWITI: WELL, YOU KNOW, I'M TELLING YOU THAT PEOPLE, I MEAN ••
HABENICHT: ARE BETTER AT IT.
DEVITI: YES, MD THEY HAYE NORE TO LOSE, NORE TO LOSE MD THE ANTE CiOES UP. so ...
III&GINS: THAT'S WHAT I IMNTm TO ICIIJII.
HATHAMAY: I MUiHT ADO THAT BASED ON STATISTICS IV THE COLORADO DOMESTIC VIO-
LENCE CO.UITION, IIE'RE NOT ALONE IN THAT RE&ARD. THE MJORITY OF
THE DOMESTIC VIOLENCE IN THE STATE RICHT NOif IS IN THAT MIDDLE
CLASS CATHORY MD I DON'T ICNOlf IF THAT'S BECAUSE ALL Of A SUDDEN
THERE IS AN OUTLET TO PROSECUTIN& OR NOT, I DON'T KNOW IF THAT'S
THE CASE. BUT THAT IS THE STATISTICS THAT ARE CURRENTLY SHOWING
AND THAT DOESN'T NEM IT'S ANY NORE TOLEUILE OR ANYTHING ELSE,
IT'S STATEWIDE AND THAT SEEJIS TO IE IT, MD IIIETHER All OF A SUDDEN
NIDOLE CLASSES ME REPORTJN& IT NORE, I DON'T KNOii. THEY HAVEN'T
EXACTLY FIUEO OUT A TREii> EITHER, BUT IT'S THERE.
DEIIITI: I THINK MYIE ME'RE REALLY TAllJN& AIOUT MYBE TH£ UPPER MIDDLE
CLASS. THAT'S IIIERE M£'R£ ••••
HATHAIMY: I THINK THAT'S II IOOAL. BUT THE POINT IS, IT'S A STATEWIDE THI•, IT'S NOT JUST US.
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Ellll.EIIOCID c1n CCIIIICIL
EIIILEIIOCID, AIAPMOE CCIIIITY, COLORADO
llegular Sesston
s.,i...r 3, lttl
1. Ca 11 to Ol'cler
The regular meeting of the Engle.ood City Council was called to order by Mayor Yan Dyke at 7:35 p.a.
2. lnvocatton
The invocation was given by Council Nlllber Bullock.
3. Pled .. of All .. tance
The Pledge of Allegiance was led by Mayor Yan Dyke.
4. loll Call
Present:
Absent:
A quorua was present.
Also present:
5. lltnutes
Council Mellbers Hathaway, Gulley, Wiggins, Bullock,
Clayton, Habenicht, Yan Dyke
None
City Manager Fraser
City Attorney Dllfitt
A11t1llllt City Nanager Martin
City Clerk Crow
Director Esterly, Public Morks
(a) CGUIICIL IIElaEI 111•1• ..a, -IT IN SEallDD, TO .VPIOW( TN(
IIIIIITtS OF TN( l£U Al IIEETI• OF WT lt, 1N1.
Ayes: Council Nlllbers Gulley, Hathaway, Wt99tn1, Bullock,
Clayton, Habenicht, Yan Dyke
Nays: None
Notion carried.
There were no pre-scheduled vtsttors.
7. 1Dn-1ct..-1l..a Ytsttors
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Englewood City Council Minutes
Septtllber 3, 1991 -Page 2
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(a) Betty Acker, 3140 South Delaware, ~iterated her conments made at
the previous aeeting that the new legislation is unfair and not necessary if
the previous ordinance had been enforced. She eaphasized that a vehicle which
is uninsured and not licensed should not necessarily be considered derelict.
Ms. Acker later returned to the podiua and stressed she agrees wholeheartedly
that "eyesores• should be reaoved, but the previous ordinance would have accom-.,.__
plished that if it had been enforced. She does not wish to lose the right~
restore an older vehicle on her own property and she does not feel that/Vehi-
cle 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 Co_JAncil to aaend Ordinance
No. 11, Series of 1991, with reference to terelict/Jk)bby vehicles. He com-
mented 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
Metlbers Clayton and Bullock. Council Nellber Hathaway explained that this
legislation was passed as part of a total package, and the specific problems
with this section can be reviewed and refined. It was pointed out that there -1 ~
1s considerable support in the coaunity for getting rid of junk cars. In
response to Council Nellber Habenicht's c011111nts, City Manager Fraser indicated
staff will be presenting rec011111nd1tions to Council /llid-Septellber in study
session. The derelict vehicle issue was further debated by Mr. Barlow.
(c) Joe Macaluso, 4068 South Washington, turned in petitions with 20
s1il1tures requ1sting Cqf,lncil to aaend Ordinance No. 11, Series of 1991, with
reference to &a,relict/Jlebby vehicles. Ht questioned how the City plans to
enforce the ordinance. City Manager Fraser explained enforceaent procedures.
8. Coaun1cat1ons and Procl-t1ons
(a) COIIICIL IIElaEll IIAWY IMID, -IT IIU SECWD, TO ACCEPT 111TH
IIEAT IELUCT•E THE m1•n• Of -T TIIINIIA FD THE DIILEMOOD DOIIITM
DEYELOfllUIT MITNOllff.
Ayes:
Nays:
Motion carried.
Council Nlllbtrs Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(b) COIIICIL IIElaEll IIAWY IMID, -IT 1115 SECaED, TO ACCEPT 111TH
DUP IDIETS THE m1•n• Of UYII STEELE FD THE DIILEMOOD DOIIITM
DEYtLOfllUIT M1TN011n.
Ayes: Council Nabers Gulley, Hlth•ay, Wiggins, Bullock,
Clayton, Hlbtntcht, Van Dyke
Nays: None
Motion carried. Counc11~Hathaway requested that the letter accepting
tht resignation also ext ratulations to Nr. Stttle for his opportunity
to open a new Safeway store n Littleton.
9. Public 111a,1111
No public hearing was scheduled before Council.
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Englewood City Council Minutes
Sept .. ber 3, 1991 -Page 3
10. Approval on Second Reading
COIIICIL MENIER HATIWIAY MOVED, -IT IIAS SECCll>ED, TO APPROVE ON SECOII> READ-
ING MEll>A ITEIIS 10 (a) 11llOUIH (c) AS FOLLOIIS:
(a) ORDINANCE NO. 51, SERIES OF 1991 (COUNCIL BILL NO. 40, INTRODUCED
BY COUNCIL MEMBER HATHAWAY) ENTITLED:
AN ORDINANCE APPROVING A LEASE BETWEEN THE CITY OF ENGLWOOD AND SWEDISH MOB
Ill PARTNERSHIP, LTD., TO OBTAIN AIRSPACE OVER PUBLIC STREETS.
(b) ORDINANCE NO. 52, SERIES OF 1991 (COUNCIL BILL NO. 56, 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 ANO CROSSING THE CITY
DITCH FOR THE PURPOSE OF CONSTRUCTING AN EXPANSION OF AN EXISTING PARK-N-RIDE.
(c) ORDINANCE NO. 53, SERIES OF 1991 (COUNCIL BILL NO. 58, INTRODUCED
BY COUNCIL MEMBER BULLOCK) ENTITLED:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE STATE OF COLORADO HIGHWAY DE-
PARTMENT AND THE CITY OF ENGLEWOOD FOR A TRAFFIC FEASIBILITY STUDY OF COLORADO
STATE HIGHWAY 285, FROM SOUTH SANTA FE TO BROADWAY.
Ayes:
Nays:
Motion carried.
Council .....,_rs Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
11. ONltnances, lfloluttons 1M llottons
(a) Director Esterly presented a recOlllltftdation froa the Oepart .. nt of
Public Works to adopt a bill for an ordinance authorizing the sale of the
City's 9rN11house property located at 2540 Mest Union Avenue. Mr. Esterly
stated one bid had been received froa llaste Nan14J811811t of Denver-South 1n the
aaount of S140,000. The City Clerk was asked to read Council 8111 Mo. 59,
ent 1tled:
COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER CLAYTON
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SA10 PROPERTY
BEING C(Nl)NlY REFERRED TO AS TH£ &REElltOUSE All> LOCATED AT 2540 WEST UNION
AVENUE, ENGLE1'000, COLORADO.
COUICIL ... CLAYT• MVED, -IT IIAS SUCIIID, TO APNOVt MID ITEM
ll(a) • COUICIL IILL ID. II.
Council .._.r Hathaway sU999sted aaendi"9 the Council 8111 to state the pur -
chase price. Council lltllbtr Clayton ,reed to thts as a •friendly aaendllent .•
A nw section idtnttfted as Section •1 added to Council 8111 No . 59 as
follows:
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Sept .. ber 3, 1991 -Page 4
SECTION 5. PURCHASE PRICE TO IE $140,000.
Ayes:
Nays:
Motton carried;
reading.
Council Mellbers Gulley, Hathaway, Wiggins,
Clayton, Habenicht, Van Dyke
None ~\
Council 8111 ,o. 59, as amended, was approved
Bullock,
on first
(b) A rec01111endatton fr011 the Department of Financial Services to set a
public hearing date for the 1992 Budget and the Highway User Trust Fund on
Septetlber 16, 1991 was considered.
CCIIIICIL IIEIIID HATHAIIAY IIDVED, AM> IT IIAS SECONDED, TO SET A PUBLIC HEAii•
DATE FOi THE 1H2 IUDIET AM> THE HI .. Y USO TIUST F1IID ON SEPTEIIIER H, lttl, AT 7:30 P.N.
City Manager Fraser 1nforaect Council that City Hall will n111atn open on Sep-
tetlber 16, 1991, with an open house COllllenctng at 4:00 p.a., which will pro-
vide an opportunity for interested citizens to visit the various offices and
to seek tnforaatton concerning the proposed budget. Responding to a question
by Council Mellber Habenicht concerning the Highway Users Trust Fund, Nr.
Fraser clartfted that the City ts required by state statute to hold this
publ tc hearing to sol tctt publ tc c01111ents on the use of the funds recet,..... Vt> J4
froa the State.
Vote results:
~es:
Nays:
Motton carried.
Counctl Nellbers Gulley, Hathaway, Wtggtns, Bullock,
Clayton, Habenicht, Van Dyke
None
12 . .._.,1 Dtscusston
(1) Mayor's Choice
( t) Mayor Van Dyke provided an update on the sertes of •et tngs
wtth Senator Brown and Congressaan Schaefer concerning the SUPERFUll>/Lowry
Landfill tssue. She and Counctl Nellber Clayton agreed that the aeettngs have
been beneftctal and enltghtentng for the offtctals who have attended.
(b) Counctl Nellber' s Chotce
(t) Counctl Nellber Gulley •;e concerning the derel tct vehicle
t11ue, offering to .. t with staff the ftnaltzatton of appropriate enforc-nt.
(ft) Counctl Nellber Hath1Way spoke briefly concerning an art tcle
which appeared tn the Rocky Mountain News reprdtng RT0 1 1 MC proposal.
( ft t) Counctl Nellber Wt91tn1 expressed 111Prectatton through Direc -
tor Esterly ,to the s ... rvtsor of the 11911 shop for ..,rt•tt119 'and 110U11ttng a
street stgn at hts request. He tnqutred about the dates of ll.C's Congress of
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Sept811ber 3. 1991 -Page 5
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Cities Conference in Las Vegas, and was inforaed the conference is scheduled
for December 12-16, 1991. Registration and travel were briefly discussed.
(iv) Council Metlber Habenicht stated the Library renovations are
c0111plete and very iapressive. The ingress/egress gates were discussed. Ms.
Habenicht suggested that signage be provided on the outside of the C01N11Unity
RoOII door inviting the public to join Council during the study sessions.
(v) Council Metlber Clayton expressed appreciation to City Manager
Fraser and staff for preparation of the 1992 proposed operating budget; he
c01111ented upon its conciseness and its readability. Council Metlber Hathaway
concurred. Mr. Clayton explained to Council he will be discussing with~eep
Aller1can Beautiful C011111ss1on his •personal perspective• concerning · the
.,nic1pal soltd waste study; he stated he would be certain the C011111ssion un-
derstands he ts not representing Council tn thts tssue.
(vt) Council Mellber Bullock offered several iteas:
1. He advised he is circulating an initiative and referend1111 petition rela-
tive to Council travel.
2. He requested a copy of the City's personnel rules and regulations with
regard to h1r1ng and f1r1ng.
3. He c0111111nted upon the presentation by the consultants Knight-Ross.
4. He COllllllnted upon the study session presentation by the Building Division
and questioned 1ts purpose.
5. He stated he had been asked to l*'sue with Council the review of the con-
t 1nued need of the Englewood DolfntCMI Developaent Authority which. according
to his source. aay have reached 1ts ••1-effective l tfe. This was dis-
cussed further and the •tter wtll be rev1ewd 1n the future.
13. Ctty lllnal8f''I leport
(a) Nr. Fraser transattted coptes of The EnalllfOOd Cit 1zen which con-
tains tnforaatton about the budget.
14 . Ctty Attomey'1 leport
(a) Nr. Dell1tt advised Council that the EPA has coapleted tts COll-
prehenstve audit of the Bt -C1ty operations .
(b) He stated a aeet1ng has been scheduled with J1• Schearer, EPA, for
Sept811ber 13, 1991 retardi119 Nuntctpal Settleaent Policy 1n the sludge issues .
(c) He discussed briefly .,nicipal enforc-nt of ltquor code vioh -
t ions, especially wtth retard to use of alcoholtbever199s by ainors.
(d) He advised that notice has been served on Pennhouse Apart.mnts with
retard to Buildt119 Code violations whtch are health and safety related.
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Septlllber 3, 1991 -Page 6
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(e) Mr. DeWitt referred briefly to construction on Santa Fe (railroad spur relocation between Haapden and Belleview).
(f) With regard to doaestic violence cases, he advised that his staff
is reviewing and reevaluating the current trend of violations which are now
occuring uongst the •iddle-incoae class. He inforad Council that enforce-
aent is bec011ing 110re C011Plex, defenses are 110re sophisticated, and the need for investigation is aore apparent. ))
(g) Mr. DeWitt presented infon11tion about the settl~ and release
agreeaent with Martin Manufacturing C011Pany, and requestd a aotion for approval.
CGUIICIL IIEIIID RLOCIC IIMD, -IT IMS SUOIIDED, TO UP10Yt THE 5mLEIEIIT
-IELEASE MIEEIIBIJ IIITN MDII WACTURI• CC11PM1Y.
Ayes: Council Mellbers Hathaway, Wiggins, Bullock, Clayton,
Nays: Habenicht, Van Dyke
None
Abstain:
Notion carried. Council Mlllber Gulley
Council Mellber Gulley was asked to explain her reason for abstaining; she
stated she was uninforad about the aatter and did not wish to vote on that
basts. City Attorney DeWitt offered the acceptable reasons for abstentions,
adding, however, that a council lllllber aay be excused froa voting with unani-110us approval of the other lllllbers of City Council.
MYOI VM DYU IIMD, -n ~ SECGIIIED, TO M:Cm THE AISTAIII• VOTE OF
CGUIICIL IIEIIID RUY II THE ~I WACTURI• c•an srTTI.W.
Ayes: Council Nlabers Hathaway, lfiggins, Bullock, Clayton, Habenicht, Van Dyke
lays: lone
Notion carried; abstention stands.
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City .......,_r Fraser advised that througll a cooperative effort with the School
District, the City has been asked to display SClllt of its equi1111111t at the high
school footlNill , ... Friday evening, Septlllber 6, 1111, as a part of •[ngle-wod light.·
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15. MjOUl'lalftt
CGUIICIL IIEIIID RLOCIC IIMD TO..... The ... ting adjourned at 9:00 p.•.
ctty c1erli
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ENILElfOCIO CITY COUNCIL
ENILElfOCIO I AUPAHOE CCIIIITY I COLOUDO
htular Session
Sept-.r 3, lttl
1. Call to Order
The regular aeeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:35 p.a.
2. Invocation
The invocation was given by Council Nlllber Bullock.
3. Pled .. of Allettance
The Pledge of Allegiance was led by Mayor Van Dyke.
4. 11o11 can
Present: Council .....,.rs Hathaway, Gulley, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Absent:
A quorum was present.
Also present:
5. lltnutes
None
City Nallager Fraser
City Attorney Dlllitt
Assistant City Nanager Nartin
City Clerk Crow
Director Esterly, Public Works
(a) CGUIICIL .... 111•1• .... -IT IMS SUGIIIID, TO APP1DWt TIil IIIIIITU OF TIil .. , M IIUTI• o, -..Y II, 1111.
Ayes: Council Nlllbers &lllley, Hath-.,, lliggins, Bullock,
Clayton, Habenicht, Van Dytte Nays: None
Notion carried.
6. PN-1c11Nuled Vtsttors
There were no pre -scheduled visitors.
7. lon-lcllNuled Vtsttors
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Englewood City Council Minutes
Septeaber 3, 1991 -Page 2
(a)
(b)
;' Betty Acker, 3140 South Delaware TAP~ 9t
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Ray Barlow, 3120 South Delawar4:,~-41="'
(c) Joe Macaluso, 'lol,8 S,,,aJ,, ~-~
8. C-..nications and Proclaations
(a) COUNCIL NEMER HATIWIAY IIMD, -IT IIAS SECOIIDED, TO ACCEPT 111TH
&REAT RELUCT•E THE RESI-TION Of IIALT TOIINIKA FRON THE ENILElfOOO DOIINTOIIN
DEYELOPNENT AUTHORin.
Ayes:
Nays:
Council Metlbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Yan Dyke
None
Motion carried.
(b) COUNCIL NEIIIER HATIWIAY MOVED, -IT IIAS SECOIIDED, TO ACCEPT WITH
DEEP REIIETS THE RESI-TION OF IEYII fflELE FRON THE DIILElfOOO DOIINTOIIN
DEVELOPNEIIJ AUTHORln.
Ayes: Council NNbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Yan Dyke Nays: None
Motion carried. Council Neaber Hathaway requested that the letter accepting
the resignation also off•"" congratulations to Mr. Steele for his opportunity
to open a new Safeway store in Littleton.
9. Pultltc lllartnt
No public hearing was scheduled before Council.
10. .,,,_,1 on Second INclint
COUIICIL IIElarl MWY IIMD, -IT 1111 SECIIIID, TO APPIOVE ON SECCN» READ-
1• --ITDS 10 (a) TNIIUIN (c) AS FIU.Ma
(a) ORDINANCE NO. 51, SERIES Of 1991 (COUNCIL BILL NO . 40, INTRODUCED
BY COUNCIL NEMBER HATIWMY) ENTITLED:
Al ORDINANCE APPROVING A LEASE BETW£E1 THE CITY Of ENGLWOOO MO Sll£D1SH NOB
111 PARTNERSHIP, LTD., TO OBTAIN AIRSPACE OWER IIUILIC STREETS .
(b) ORDIIIMCE NO. 52, SERIES Of 1991 (COUNCIL BILL NO. 56 , INTRODUCED
BY COUNCIL N£NBER GULLEY) ENTITLED :
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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 PARK-N-RIDE.
(c) ORDINANCE NO. 53, SERIES OF 1991 (COUNCIL BILL NO. 58, INTRODUCED
BY COUNCIL MEMBER BULLOCK) ENTITLED:
AN ORDINANCE APPROVING A CONTRACT BETWEEN THE STATE OF COLORADO HIGHWAY DE-
PARTMENT AND THE CITY OF ENGLEWOOD FOR A TRAFFIC FEASIBILITY STUDY OF COLORADO
STATE HIGHWAY 285, FROM SOUTH SANTA FE TO BROADWAY.
Ayes:
Nays:
Motion carried.
Council Mellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
11 • Ordt nuas, leso 1 ut tons and llot 1 ons ,t..
(a) Director Esterly presented a Y-nc1ation froa the Depart111ent of
Public Works to adopt a bill for an ~n7"ce authorizing the sale of the
City's greenhouse property located ll 2540 West Union Avenue. Mr. Esterly
stated one btd had been received froa Waste Manageaent of Denver-South in the
aaount of $140,000. The City Clerk was asked to read Council Bill No. 59,
entitled: #
COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER; (//A.,,t(fll
A BILL FOR AN ORDINANCE AUTHORIZING THE SALE OF REAL PROPERTY, SAID PROPERTY
BEING COMMONLY REFERRED TO AS THE GREENHOUSE ANO LOCATED AT 2540 WEST UNION
AVENUE, ENGLEWOOD, COLORADO.
Council Nlllber Hathaway suggested aanding the Council Btll to state the pur-
chase price. Council Nlllber Clayton ,,-eel to thts as a •friendly ... nc111ent.•
A new section tdetlttfted as Section was lclded to Council Bill No. 59 as
follows:
IECTI• I. PIWSE PIie£ TO K $140,000.
Ayes: Council Nlllbers Gulley, Hathaway, Wtggtns, Bullock,
Clayton, Habenicht, Yan Dyke
Nays: None
Motton carried; Council 1111 no. 59, as ... nded, was approved on first
reading.
(b) A recoalftdatton froe the Departaent of Ftnanctal Services to set a
publ tc hearing date for the 1992 Budget and the HttMfay User Trust Fund on
Sept..,.r 16, 1991 was considered •
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COUNCIL MENIER HATIWIAY MOVED, AND IT IIAS SECCN>ED, TO SET A PUBLIC HEARING
DATE FOR THE 1992 IIUDIET AND THE HIHAY USER TRUST FIN> ON SEPTEMBER 16,
1991, AT 7:30 P.N.
City Manager Fraser infonned Council that City Hall will remain open on Sep-
teinber 16, 1991, with an open house c011111encing at 4:00 p.m., which will pro-
vide an opportunity for interested citizens to visit the various offices and
to seek infonaation concerning the proposed budget. Responding to a question
by Council Mellber Habenicht concerning the Highway Users Trust Fund, Mr.
Fraser clarified that the City is required by state statute to hold this
public hearing to solicit public coaents on the use of the funds receipted
frOII the State.
ICALLY THEY ARE TWO PIECES. WE'RE REQUIRED UNDER PROVISIONS
OF STATUTE TO HAVE A PUBLIC HEARING ON THE USE OF FUNDS
RELATED TO R THE STATE TO THE PUBLIC HIGHWAY USERS
TRUST FUND, AND WE HAY T THAT WE'VE HAD SUCH PUBLIC
HEARING AND THAT IT INCLll>ED THE SO ENTS ON THE
USE OF THOSE MONIES. IT'S A RECORD KEEPING PIECE RE T
STATE LEGISLATION.
Vo -i e "'J.w It :. .
Ayes: Council Mellbers Gulley, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Notion carried .
12. leneral D1lcuss1on
(a) Mayor's Choice
( i) Mayor Van Dyke provtded an update on the sertes of aeet ings
wtth Senator Br«MI and Congressaan Schaefer concemtng the SUPERFUND/Lowry
Landftll tssue . She and Counctl Nlllber Clayton agreed that the aeettngs have
been beneftctal and enltghtentng for the officials who have attended.
(b) Counci 1 Nellber' s Chotce
(t) Council Nlllber Gulley spoke concerning the derelict vehicle
issue, offering to ... t with staff tn the finalization of appropriate
enforc-nt.
( 11) Council Nlaber Hathaway spoke briefly concemtng an article
whtch appeared tn the Rocky Nountatn News regarding RTD's MC proposal .
(111) Council Nlaber Wtggtns expressed appreciation through Direc -
tor Esterly to the supervisor of the sign shop for reprinting and aounttng 1
street sign at his request. He tnqutred about the dates of NLC 's Congress of
Ctttes Conference tn Las V99as, and was tnforllld the conference ts scheduled
for Deceaber 12 ·16, 1991. R89tstratton and travel were briefly discussed.
(1v) Council Nlllber Habenicht stated the Library renovations are
coaplete and very 111Pre ss tve. The ingress/99ress gates were discussed . Ms.
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COIIICIL IIEIIIER HATIWIAY IIOVED, NI> IT WAS SECOll>ED, TO SET A PUBLIC HEARING
DATE FOR THE 1992 IUDIET NI> THE HIHAY USER TRUST FIN) ON SEPTEIIIER 16,
1991, AT 7:30 P.11.
City Manager Fraser infonaed Council that City Hall will remain open on Sep-
telllber 16, 1991, with an open house cOIIIM!ncing at 4:00 p.m., which will pro-
vide an opportunity for interested citizens to visit the various offices and
to seek infonaation concerning the proposed budget. Responding to a question
by Council Mellber Habenicht concerning the Highway Users Trust Fund, Mr.
Fraser clarified that the City 1s required by state statute to hold this
public hearing to solicit public coaents on the use of the funds receipted
frOIII the State.
FRASER: ICALLY THEY ARE TWO PIECES. WE'RE REQUIRED UNDER PROVISIONS
OF STATUTE TO HAVE A PUBLIC HEARING ON THE USE OF FUNDS
RELATED TO R THE STATE TO THE PUBLIC HIGHWAY USERS
TRUST FUii>, NI> WE HAY THAT WE'VE HAD SUCH PUBLIC
HEARING NI> THAT IT INCLUDED THE ENTS ON THE
USE OF THOSE DIES. IT'S A RECORD KEEPING PIECE RE T
STATE LEGISLATION.
Ve-le rt'~" H ) .
Ayes:
Nays:
Motion carried.
12. leneral Dtsc:usston
Council llelll>ers Gulley, Hathaway, Wtggtns, Bullock,
Clayton, Habenicht, Van Dyke
None
(a) Mayor's Choice
( 1) Mayor Van Dyke provided an update on the sertes of aeet tngs
with Senator BnMI and Congres111111 Schaefer concemtng the SUPERFUfl>/Lowry
Landfill tssue. She and Council .....,.r Clayton agreed that the aeettngs have
been beneficial and enlt9htentng for the offtctals who have attended.
(b) Council Nellber's Choice
(1) Council Mellber Gulley spoke concerning the derelict vehicle
issue, offering to ... t wtth staff tn the ftnaltzation of appropriate
enforc-nt.
( ti) Council Mellber Hathaway spoke briefly concerning an article
which appeared tn the Rocky Mountain News revardtng RTD's MC proposal .
(ttt) Council Mellber lfi19tns expressed appreciation throuvh Direc -
tor Esterly to the supervisor of the stvn shop for reprinting and aounting a
street st9n at hts request. He tnqutred about the dates of NLC's Congress of
Cities Conference tn Las Vevas, and was tnfonlld the conference ts scheduled
for Decltlber 12-16, 1991. Revistratton and travel were briefly discussed.
(tv) Council Mellber Habenicht stated the Library renovations are
coaplete and very tapresstve. The tngress/evress gates were discussed. Ms.
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Habenicht suggested that signage be provided on the outside of the Community
Room door inviting the public to join Council during the study sessions.
(v) Council Mellber Clayton expressed appreciation to City Manager
Fraser and staff for preparat 1 on of the 1992 proposed operat 1 ng budget; he
conwented upon its conciseness and its readability. Council Mellber Hathaway
concurred. Mr. Clayton explained to Council he will be discussing with Keep
Allertcan Beautiful Co..tsston his •personal perspective• concerning the
11Unictpal solid waste study; he stated he would be certain the Coanission un-
derstands he ts not representing Council in this issue.
(vi) Council Metlber Bullock offered several items:
1. He advised he ts 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 coaaented upon the presentation by the consultants Knight-Ross.
4. He coaaented upon the study session presentation by the Building Division
and questioned its purpose.
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5. He stated he had been asked to persue with Council the review o~lJl,1J9.n-,., I, ,s
ttnued need of the Englewood DowntOIIIII Developaent Authority -'itch liay"'"lli'w ~",c~
reached its aax111U11 effective life. This was discussed further and l\;e aatter
will be reviewed in the future.
13. City lllnalff'I leport
(a) Nr. Fraser transattted copies of The Englewood Citizen which con -
tains inforaatton about the budget.
14. Ctty Attorney's leport
(a) Nr. DeWitt advised Council that the EPA has ~,!:' tts
prehenstve audit of the 81-Ctty operations.
CN·
OtlffU: THE EPA HAS CCIIPLETED A CCIIPREHENSIVE AUDIT Of TN£ II -CITY OPERA -
llGIIS_NI> GENERALLY THE VERBAL COIIIENTS MER£ THAT IT IMS AN EXCEL -
LENT REVl'tr. -H'~ ALSO THE LIKELIHOOO THAT THER£ MY 8( AN OPPOR ·
TUNITY FOR JOINT VENTUR[-W CITY ATI«-EY'S OFFICE AlfJ THE
EPA WITH R£SPECT TO CERTAIN ENFORC VITl[S WITH RESPECT TO
PIOPERTY OWNERS OUTSIDE THE CITY IOUNDUJES . ING FORIIARD
TO THIS OPPORTUNITY AlfJ YOU CAN BELIEVE NE 11£ WILL PE
PORTUNITY WITH GR£AT DILEGENCE AND HOPEFUlLY IT WILL BEAR FRUIT F
THE CITY IN DE THAN JUST CCWLIANCE WITH ENFORCENENT .
(b) i =t{ng has been scheduled with Ji• ilMer 'fot ~tlllber 13 , 1991
regarding Nunt c tpal Settl...,.t Policy tn the sludge \Issues . f A
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DEWITT: ANOTH SSUE WITH RESPECT TO EPA, IS THAT WE ARE HAVING A MEETING,
MY OFFIC HAVING A MEETING WITH JIM SCHEER ON THE 13TH ALONG
WITH SOME 0TH ORNEYS WITH RESPECT TO THE MUNICIPAL SETTLEMENT
POLICY. SOMEHOW, WE MAY AGAIN, REMEMBER BY THREE-PRONGED
APPROACH ON THIS, WE'VE FORKS OUT THERE ALL THE TIME AND
YOU KNOW, WE'RE SWINGING THA RD FORK AROUND AND WE MAY BE
STICKING IT IN THE RIGHT PLACE BECA E'RE GETTING A MEETING, AND
WE'LL DISCUSS WITH JIM SCHEER MUNICIPAL TLEMENT IN THE SLUDGE
ISSUES. OF COURSE, WE STILL HAVE THE ISSUE RESPECT TO ACCE,
THAT IS HOUSEHOLD WASTE, BUT WE'RE GOING TO C NUE TO PERSUE
THAT. THAT'S JUST COME UP.
(c) He discussed briefly •nicipal enforceaent of liquor code viola-
tions, especially with regard to use of alcohol beverages by ainors.
DEWITT: ANOTHER E THAT COMING UP All> I KNOW THAT COUNCIL HAS BEEN SOME-
WHAT INTERE IN THIS IN THE PAST IS MUNICIPAL ENFORCEMENT Of
LIQUOR CODE VI CIIS. THE DIRECT FOCUS AT THE PRESENT TIME IS ON
MIUS' USE Of Al BEVERAGES. WE HAVE RECEIVED A NOTICE FROM
THE STATE DEPARMNT REVEIIIE LIQUOR CODE ENFORCEMENT THAT
THEY'RE MAKING A NEV All> ERTED EFFORT TO ENFORCE THE PROHOBI-
TICII OF SALE TO MIU$ All> TH OUR COOPERATICII IN THIS EFFORT
All> YOU KNOW, WE'RE KIND OF AT TH £SENT TIME MAKING SURE THAT WE
HAVEN'T LET DOIIN OUR GUARD IN THIS THAT WE WILL PERSUE VIOLA-
TICIIS WHERE, WE WILL PERSUE SITUATION ERE WE KNOW MIUS HAVE
CCIISUMED ALCOHOLIC BEVERAGE. IF YOU HAVE MY QUESTICIIS ON THAT OR
MY CCIIMENTS, 1 'D I( HAPPY TO ENTER INTO A DIAI.OUGE WITH YOU ON
THAT SUBJECT.
(d) He advised that notice has ....... served OJI Pennh'41se AHrllllllts witll _ .I
regard to Building Code violations~~ ~ • '°"I~ ~,. ·
DEVIT : THER CIIE IS THE ISSU£ Of THE P£111tOUSE APARMNTS. YOU'RE SCIIE -
WITH VIOLATICIIS Of PAST All> PRESENT BUILDING CODE
PUISICIIS. T THESE ARE HEALTH All> SAFETY RELATED. r,,·,11
111£ BELIEVE THEY Alt£ SUall ICE, I BELIEVE, IMS ACTUALLY '\I'
SERVED CII PEllltOUSE THIS AFTE .. , IS AFT[ .. , I UNDER -r,/':
STOOD FD DISCUSSICIIS THIS IIJIIIING THAT IN FINAL FORM ~ V
THIS IIJIIIING All> WOULD BE SERVED THIS AFTEINXJN. , 'S JUST A ,,,/1)f-"t'
MTTER Of TINE IEFORE THAT IS ACTUALLY OUT THERE CII THE ST ... J tf,;,; ~
<•> ,.~~~· '·~~~-~"'· ·'i ~~~.A.,._(~~
DEWITT : WI CT TO SMT~TRUCTICII, I HAVE GIVEN YOU THAT
INF CII .
(f) With regard to doatsllc violence, he inforwd Council # ~
DEWITT : THE Olltftl THING THAT YOU SHOUt.O BE MMR£ Of IS DONESTIC VIOLENCE,
VIOLATICIIS Alt£...IECCIUNG DE All> DE SOPHISTICATED All THE TINE.
AH, WHAT 111£'RE F~. '!f ... lS ... '!ftAT, IS THAT lll('RE STARTING TO
OW. WITH DE NIDOLE 1.~ltSONS RATHER THAN THOSE WHO MAY
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B ON THE FRINGES OF POVERTY. All> WE'RE Flll>ING OUT THAT THE IM·
PL TIONS OF M ACTION CM BE EXTREMELY SEVERE. IN OTHER IIORDS,
SOME E SENT TO JAIL OR SONEONE HAS A SIGNIFICANT PENAL TY IMPOSED,
THEY LOSE A JOB THAT NEANS SCIIETHING. WE'RE ll>T TALKING ABOUT
SONEON lltO'S WORKING ON, FOR JUST, YOU ICJIJII, MINIMIII WAGE. MD
WE'RE L-ING AT THIS MD WE'RE TRYING TO ADJUST OUR APPROACH OF
DEALING IIHH IT SO THAT WE'RE, WE'RE CLEAR IN THE INTENT OF DCIIES-
TIC VIOLEltS.., THAT'S ENFORCBDT, CONSISTCNT ENFORCEMENT, NO BACK-
ING OUT BECAUSE, YOU ICJIJII, IN THE CASES THAl WE'RE FINDING NOW BOTH
PARTIES REALtZE THEY HAVE M ECONONIC BASE TO LOSE. SO WE'RE
TRYING TO DEAL 111TH THAT SUBJECT AS WELL.
BULLOCK: THERE'S AUIAYS IEEIDI> DETENTION All> WORK PROlilWIS, IS THERE NOT,
THAT IE CCIUlD IIIUlDT AT THE •ICIPAL LEVEL SUIILAR TO IIHAT'S
IEING INPLENENTm AT THE STATE LEVEL?
DEIIITI: MELL, YOU ICIIJII, TH0e ME 11111V STlal\S THAT CM BE ASSOCIATED TO A
SITUATION LIKE A tcllfiCTION CM •1NG THAT WULD CERTAINLY, YOU
ICIIJII, IE CM IE FLEXlltl IUT THE EIIPLOYER NIIHT VERY WELL NOT BE
FLEXIBLE. M EIIPLOYER N"9ff STMT TO LOOK AT THIS PERD AS BEING
IIISUITMLE FOR CERTAIN Kl-.,S OF EIIPLOYNENT. YOU REJEaER THE GRAY
CASE OVER II CHERRY HILLS f;THE PERD LITERALLY ICll>CICm THE
LIVING MYLIIHTS OUT OF THE 'S WIFE All> I BELIEVE HE IIIUII) UP
111TH ATIENPTm MURDER CHM&E Ml) HE PLm &UILDING, _, HE'S NOW
SERVING 40 YEARS II THE STA __ PEI. THAT'S THE ULTIMTE KIii> Of
SITUATION, IUT YOU ICIIJII, IE'~, DEALING 111TH KIii> OF THE NIIIOl.E
CWS, HERE. IIEII£ A LOSS OF l D CM MICE M IMPACT CII IIHAT
THEY'RE 001•, SO WE'RE LOOKI• Agt THIS _, WE'RE DEALING 111TH IIJRE
SOPHISTICATm TYPES OF DEFEIISE, IE DEAi.i• 111TH SIIOUSES D WHO
ARE NllllNG ECOIIINIC DECISICIIS IA TIN PIIMMTIC DECISICIIS, YOU
ICIIJII, WE'RE JUST STUDYI• THE IIHDl.E lip. WE'RE KIii> OF 801• INTO
M ADWMCm STA&£ OF DCIIESTIC VIOLENCE, _, ME DCll'T ICIIJII HOii IT'S
801NG TO SHAKE OUT.
HAIEIIICHT: WELL, I JUST 1M11T TO MICE SUIE TIMT YOU r!!tT SUIIUTING THAT MID·
Dl.E CUSS DCIIESTIC VIOLENCE IS ... TOL~\ TIN THE LCIID CLASS.
111'5115: AFFI .. TIVE. I'll 111TH YOU THERE.
DEIIITI: I 'N ...
111'5115: IT SHOULD BE EQUAL All THE MlY AIIIUIID.
DEIIJTI: All I 'II SAYING •••
HABENICHT: THIS REALLY CCIICEMS NE.
DEIIITI: All I 'N SAVI• IS THAT THE PUPLE IIIVOLvtD II A DCIIESTIC VIDLEICE
SITUATICII Alt£ 1111£ IIDIOPOATIVE, THEY Alt£ SINTER -AIU TO HIDE
THE FACTS OF THE CASE II A 1111£ SOfNISTICATED IWIIIER. TNEst fEOPt.E
Alt£ Nllll• A DECISICII TIMT IIILL PUT, THAT Fm THEIi THAT THEY CM
CCIITIDL, Al.THDUIN THEY MVEJl'T CCIITIDlLED IT VERY IELL CUE WE'VE
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GOTTEN INVOLVED. l'M SAYING THAT THE ENFORCEMENT OF THIS AREA IS
BECOMING MORE COMPLEX. THE NEED FOR INVESTIGATION IS BECOMING MORE
APPARENT. AND I'M SAYING THAT EVERYONE HAS A LOT MORE TO LOSE. SO
WE'RE, YOU KNOW THE DEFENSES ARE MUCH MORE SOPHISTICATED ANO SO YOU
KNOW, THE ANTE GOES UP.
HABENICHT: HAT'S MUCH MORE ACCEPTABLE THAN WHAT I WAS THINKING I WAS HEARING.
YOU.
DEWITT: WELL, YOU KNOW, l'M TELLING YOU THAT PEOPLE, I ME"4 ..
HABENICHT: ARE BET
DEWITT:
C x.lGGINS:
~HATHAWAY,
DEWITT:
HAVE MORE TO LOSE, MORE TO LOSE ANO THE ANTE GOES UP.
THAT'S WHAT I WAN
I MIGHT ADO THAT BASE STATISTICS BY THE COLORADO DOMESTIC VIO-
LENCE COALITION, WE'RE ALONE IN THAT REGARD. THE MAJORITY OF
THE OOMESTIC VIOLENCE IN E STATE RIGHT NOii IS IN THAT MIDDLE
CLASS CATEGORY ANO I DON'T IF THAT'S BECAUSE All OF A SUDDEN
THERE IS AN OUTLET TO PROSEC OR NOT, I DON'T KNOii IF THAT'S
THE CASE. BUT THAT IS THE STAT ICS THAT ARE CURRENTLY SHOWING
ANO THAT DOESN'T MEAN IT'S ANY TOLERABLE OR ANYTHING ELSE,
IT'S STATEWIDE ANO THAT SEEMS TO BE I , ANO WHETHER All OF A SUDDEN
MIDOLE CLASSES ARE REPORTING IT MORE, 'T KNOii. THEY HAVEN'T
EXACTLY FIGURED OUT A TREND EITHER, BUT I THERE.
I THlflC MAYBE WE'RE REALLY TALKING ABOUT UPPER MIDDLE
CLASS. THAT'S WHERE WE'RE ....
HATHAWAY: I THINK THAT'S IN GENERAL. BUT THE POINT JS,
THING, IT'S NOT
(g) Mr. Dellttt presented tnforaatton about the settl .. nt and release
agre .. nt wtth Narttn Nanufacturtng Coapany, and requestd a aotton for
approval.
COIIICIL NENIO U LOClt IIDVED, _, IT IMS KCGIIID, TO APNOVt THE SETTLEIIEIIT
_, ULEASE MIEDIEIIT WITH IIIITII ... AClllll• allNIIY.
Ayes: Council Nellbers Hathaway, Wtggtns, Bullock, Clayton,
Habenicht, Van Dyke
Nays: None
Abstain: Council Nlaber Gulley
Council Mellber Gulley .. s asked to explain her reason for abstatntng; she
stated she was untnforlltd about the .. tter and dtd not wtsh to vote on that
bas ts. Ct ty Attorney Delft tt offered the acceptab 1 e reasons for abs tent tons,
adding, however, that a council lllllber aay be excused froa voting wtth unant -
aous approval of the other lllllbers of Ctty Council.
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IIAYOI VM DYKE IIDVED, -IT IMS SEcaa,, TO ACCEPT TIE AISTAIII• VOTE OF
COIIICIL IIEIIIEl RUY II THE IIATIII IWIFACTU11• CGIIPMY SETTLEIIEIIT.
~es: Council Nellbers Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None
Motton carried; abstention stands. The aotton approving the Martin Settleaent and Release Agreeaent carried.
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City Manager Fraser advised that through a cooperative effort with the School
District, the City has been asked to display SCIIII of its equipaent at the high
school football g ... Friday evening, Septllllber 6, 1991, as a part of •Engle-wood Night.•
•••••
1s. M.tounant
COIIICIL NElaEI •LOCI am TO ..... The .. ttng adjourned at 9:00 p.a.
Ctty Clerk
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9/16/91
City Council Regular Meeting
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