HomeMy WebLinkAbout1990-01-15 (Regular) Meeting Agenda•
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January 15, 1990
Regular City Council Meeting
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
1. Call to Order
Regular Session
January 15, 1910
The regular ~eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:37 p.m .
2. Invocation
The invocation was given by Council Member Koltay.
3. Pledtt of Allegiance
The Pledge of Allegiance was led by Mayor Van Dyke.
4. loll Call
Present: Council Metlbers Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke
Absent:
A quorum was present.
Also present:
5 . lltnutes
None
City Manager Fraser
City Attorney DeWitt
City Clerk Crow
Director Freeman, Financial Services
Director Wanush , Community Development
(a) COUNCIL NOllER CLAYTON MOVED, MD IT liAS SECONDED, TO APPROVE THE NIIIITES OF THE REGULAR MEETING OF JANUARY 8, U90.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke Nays: None
Motion carried.
6. Pre-scheduled Visitors
(a) Ken Haraldsen did not appear as scheduled.
7. Non-scheduled Vfsftors
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Englewood City Council Minutes
January 15, 1990 -Page 2
There were no non-scheduled visitors.
8. Ca..unfcations and Procla.ations
(a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH
REGRET THE RESIGNATION OF BRUCE HOGUE FROM THE PLANNING AND ZONING COMMISSION.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Notion carried.
(b) COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO PROCLAIM THE
25TH ANNIVERSARY COMMEMORATION OF THE LAND AND WATER CONSERVATION FUND.
Ayes : Council Members Koltay, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays : None
Motion carried.
9. Consent Agenda
(a)
(b)
(c)
(d)
Minutes of the Board of Adjustment and Appeals meeting of December 13. 1989.
Minutes of the Englewood Downtown Development Authority meeting of December 13, 1989.
Minutes of the liquor licensing Authority meeting of December 20, 1989
Minutes of the Water and Sewer Board meeting of November 14, 1989.
CCUICIL ..U HATHAIIAY MOVED, AND IT WAS SECONDED, TO ACCEPT CONSENT AGENDA
ITEIS t (a) THIOU&H (d).
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
10. Public Hearing
No public hear ing wa s scheduled.
11 . Ordinances, Resolut ions and Motions
(a) City Manager Fraser presented a recommendation from the "Old Hire •
Police.en 's Pension Board to adopt by resolution the Old Hire Police Pension
Plan. Mr . Fraser conftrlled that the Plan had been reviewed by the present
...O.rs on the current work force as well as many of the retirees. Director
Free.an, Financial Services, stated there was no prior statement of the Plan
in existence. The resolution was assigned a number and read by title:
RESOLUTION NO. 3, SERIES OF 1990
A RESOLUTION ADOPTING THE OLD HIRE POLICE PENSION PLAN DOCUMENT, DATED NOVEM -
BER 7, 1989 , FOR ADMINISTRATION OF THE POLICEMEN'S PENSION FUND .
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Englewood City Council Minutes
January 15, 1990 -Page 3
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COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 3, SERIES OF 1990.
Ayes :
Nays:
Motion carried .
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(b) Director Wanush, Co11111untty Development, presented a request from
the Englewood Urban Renewal Authority (EURA) that Council approve transfer of
funds in the amount of $338,000 for the land acquisition of property from the
First National Bank . Hr. Wanush explained that the land in question had been
acquired by the EURA through condemnation for improvements to Englewood Park-
way; however, no agreement had been reached re 1 at i ve to va 1 ue. Recently a
SSOO,OOO settlement offer had been made which has been accepted by First Na-
tional Bank. Taking into account the $162,170 being held in escrow, an addi-
tional $337,830 is needed by the EURA to consu11111ate the purchase. This trans-
fer of funds would not affect the sub-debt agreements between the City and
EURA. The resolution was assigned a number and read by title:
RESOLUTION NO. 4, SERIES OF 1990
A RESOLUTION AMENDING THE GENERAL FUND 1990 BUDGET.
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION MO. 4, SERIES OF 1990.
Ayes:
Nays:
Motion carried.
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
!l. City Manager 's Report
(a) Mr. Fraser confirmed dates for two meetings scheduled with City
Council: February 10, 1990 at 9:00a.m., location to be determined later; and
March 31, 1990, an all day session to review and establish goals for 1991.
(b) Mr. Fraser presented two resolutions, one opposing H.B. No. 115Z
concerning land development charges, and the other opposing H.B . No. 1007 con -
cerning Urban Renewal Authorities . Mr . Fraser explained that H.B. No. 1152
would place severe constraints on unicipalfties and special districts in set -
ting of development fees for new developt~tent in any particular area. He
stated this would be a dangerou s intrusion upon local government interests
through state legislation upon develop nt charges and /or fees. The first
resolution was assigned a nu .1ber and read by tftle:
RESOLUTION NO . 5, SERIES OF 1990
A RESOLUTION OPPOSING H.B. 1152, CONCERNING lAND DEVELOPMENT CHARGES .
COUNCIL IDlER HAIENICHT MOVED, AND IT WAS SECOfi)ED, TO APPROVE RESOLUTION NO. 5, SEIJES Of 1990.
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Englewood City Council Minutes
January 15, 1990 -Page 4
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Council Member Bullock suggested a letter be written to the Colorado Home
Builders Association informing them of the City's position in this matter.
After discussion, Mr . Fraser suggested that he write a letter, sending a copy
of Resolution No. 5 as well as a copy of the document prepared by American
Planning Association; Mr . Fraser's letter to indicate that the Englewood City
Council is concerned about the position taken by the Co 1 or ado Home Builders
Association . Council Member Hathaway suggested that a copy of Resolut i on No .
5 be forwarded to all members of the legislative committee in addition to En -
glewood's legislators.
Vote results:
Ayes :
Nays:
Motion carried.
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
City Manager Fraser offered the other resolution, which concerns powers of
Urban Renewal Authorities, stating this particular legislation could affect a
city 's ability to initiate positive improvements within its community . He
explained the bill is sponsored basically by School District interests in an
effort to prevent intrusions into their primary revenue base, property tax.
Using the City's recently completed project as an example, Mr. Fraser com-
mented that this legislation would make that process difficult if not impos-
sible to complete as it would require unanimity in the thinking of school dis-
tricts and others to get urban renewal projects cOMpleted.
Discussion ensued; Council Member Bullock stated it is critical that Urban
Renewal Authorities maintain powers of e.inent da.ain, particularly their con-
demnation powers . This new legislation would add another layer of
bureaucracy.
The resolution was assigned a number and read by title:
RESOLUTION NO. 6, SERIES OF 1990
A RESO LUTION OPPOSING H.B. 1007, CONCERNING URBAN RENEWAL AUTHORITIES .
COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO.
6, SERIES OF 1990.
Council "'-ber Clayton commented upon the current situation with EURA being on
the verge of bankruptcy, the dispute over who 's going to absorb the loss in
tax abatements. He expressed concern that tax dollars should be spent by
elected representatives, not appointed autonomous bodies. He felt this legis -
lation is a move in that direction . He suggested that the resolution not be
passed at this time.
This viewpoint was discussed further.
Council Member Habenicht stated she agreed with Mr. Clayton on this issue.
She expressed concern about the establishment of authorities that have the
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Englewood City Council Minutes
January 15, 1990 -Page 5
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ability to access and spend monies without direct accountability to the
electorate.
Mayor Van Dyke reminded Council that in the 70's a number of council members
were recalled because they were proceeding with redevelopment without an Urban
Renewal Authority . She pointed out thut the ninth "Whereas" in the resolution
states: "WHEREAS, Urban Renewal Authorities are currently required to obtain
formal municipal approval of redevelopment plans including proposed takings by
eminent domain". She thought perhaps this would address Mr. Clayton and Ms.
Habenicht's concerns. She concluded her viewpoint by commenting that this
legislation would take local powers out of the hands of municipal government.
Vote results:
Ayes:
Nays:
Motion carried.
Council Members Hathaway, Wiggins, Bullock, Van Dyke
Council Members Koltay, Clayton, Habenicht
13. City Attorney's Report
(a) Mr. DeWitt presented information concerning a bill for an ordinance
approving a consent agreement with the State Health Department for cleanup of
contaminated soil at 2350 South Raritan. Council Member Hathaway inquired
what the possible costs might be, if the work was not done and the City was
issued a Cease and Desist order by the State. Mr. DeWitt confirmed that the
cost could easily exceed 530,000, which is the estimated cost of performing
the cleanup, and that we would still have to do the work . As this work is in
connection with Paving District No . 33 and the costs are to be charged to that
account, Mr. Fraser confirmed that the 530,000 would not put Paving District
No. 33 over budget . The Clerk was asked to read Council Bill No. 4, entitled:
COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE APPROVING CONSENT AGREEMENT WITH THE COLORADO DEPART-
MENT OF HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARITAN.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READ-
ING COUNCIL IILL NO. 4, SERIES OF 1990.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
(b) Mr. DeWitt informed Council that proposed Title 15 of the Englewood
Municipal Code 1985, entitled Health, Sanitation and Environmental Protection,
is to be considered by the Planning and Zoning Commission on February 6, 1990.
Mr. DeWitt will provide Council with a copy of Title 15 as drafted.
(c) Mr. DeWitt advised Council that an alleged violation against Arap 's
Old Gun Shop Eat in' and Drinkin', 3866 South Broadway, will be considered by
the Englewood Liquor Licensing Authority for a possible Show Cause Hearing.
The allegation was briefly discussed.
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Englewood City Council Minutes
January 15, 1990 -Page 6
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(d) Mr. DeWitt clarified Council Member Bullock's appointment to the
Englewood Urban Renewal Authority , and it was agreed Mr. Bullock 's term i s to
commence February 5, 1990, to expire February 5, 1995. The resolution to be
presented under Council Member's Choice was amended . (See Agenda Item 14 (b)
(i) this page .) Other Council appointments were discussed.
14. General Discussion
(a) Mayor's Choice
(i) Mayor Van Dyke referring to a communication which went out to
Coun cil last week, stated she felt communication is one of the important fo -
cuses of Council. She urged that lines of communication be kept open , espe -
cially with the citizens . She suggested a town meeting be held February 6 as
a general follow -up to the January 30th Special Election; she further urged
that town meetings be held at 1 east every three months or more often if
needed .
Mayor ian Dyke commented that Council should strive to function as a unit
since it is easier to accompli sh i ts purposes being supportive of each other's
issues.
She briefly listed her goals for the next two years:
1) promote economic development in Englewood and the South Metro area,
!) tmprove intergovernmental relations between the governing bodies in
South Metro area,
3) promote waste management, particularly in areas of reuse, recycle and
waste reduction,
4 ) represent th e City in the role of Ma yor as primary publ ic emissary.
She urged other members of Council to indicate their projects and /or special
interests.
Mayor Van Dyke concluded by suggesting a Council sub-committee be appointed to
review and establish various Council policies . Council Members Clayton, Hath-
aw ay and Wiggins were ;appointed ;and will be ;assisted by Mr. Fruer. Mr.
Fraser indicated staff hid commenced identifying policies which had ;alrudy
been established by Council and were working on those policies which are still
needed .
(b) Council Member 's Choice
(i) A resolution ratifying appointments of council members to
various boards and commissions was considered.
The resolution was assigned a number and read by title:
RESOLUTION NO. 7, SERIES OF 1990
A RESOLUTION APPOINTING COUNCIL MEMBERS TO TERMS ON BOARDS AND COMMISSIONS OF
THE CITY Of ENGLEWOOD .
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Englewood City Council Minutes
January 15, 1990 · Page 7
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COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 7, SERIES OF 1989.
Ayes:
Nays:
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None Motion carried.
The appointments are as follows:
Englewood Downtown Development Authority
Rita Hathaway (tenure)
Firemen's Pension Board
Susan Van Dyke (tenure as Mayor)
Police Pension Board
Susan Van Dyke (tenure as Mayor)
1, 1994)
Parks and Recreation Commission
Clyde Wiggins (term to commence February 1, 1990; expire February 1, 1994)
Publfc library Board
Alex Habenicht (liaison for tenure)
Retirement Board
Roger Koltay (tenure)
Urban Renewal Authority
Tim Bullock (term to commence February 5, 1990; expire February 5, 1995)
Water and Sewer Board
Cit
Halle
Alex Habenicht {tenure)
Tim Bullock (tenure)
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Englewood City Council Minutes
January 15, 1990 -Page 8
Economic Development Coalition
Susan Van Dyke
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( i i) Council Member Hathaway encouraged other council members to
read an article concerning the Metro South area which appeared in the January
1990 issue of the Colorado Business Magazine; also a very good article on En-
glewood; and a full page article on the Wilkerson Corporation. She also
shared a copy of a brochure promoting Littleton and recommended that Englewood
consider publishing a similar brochure. Mr. Fraser commented that his staff
is considering a variety of things which will promote the City.
(iii) Council Member Habenicht offered several items:
(1) Requested that the subject of the Library's unexpended budget funds be set for a study session .
(2) Shared information concerning the Women In Muni c i pa 1 Government's
upcoming conference entitled "Earth Bank -Interest Is Due on What We Borrow -Framing Colorado 's Waste Management Solutions ."
(3) Commented upon a community group called "Englewood Foundation -
Partners for the Future ." She offered to share a copy of its mission and goals if anyone was interested.
(4) Shared a brochure regarding volunteers published by the Englewood Public Schools.
(5) Shared her goals for the next two years to include:
·· collectively moving Englewood into the future with a shared
sense of pride and accomplishment; and with a goal toward affirming Englewood
as a residential community of choice with a strong retail center, and an in-
dustrially clean and non -i ntrusive industrial center. With Englewood as a
major player in the metro area, somewhat neutral because we are a full -s ervice
city, but definitely a leader In metro issues, especially issues of metro cooperation.
·· empha sizi ng continually working to build bridges to the future
through extending our linkages from the past wh ile providing sound moral sup -
port both In philosophy and in action to education and youth; to families; and
to Individuals; with an emphasis on providing a healthy environment for living
and working, with a renewed commitment to residents.
-· identifying and utilizing wisely and judiciously our resources
to must r our community spirit and our community enthusiasm toward a shared
vision of our future as a full -s ervice city and a residential retreat. With
1ttentlon to cooperative planning an Implementation of programs In areas of
waste management, the environment, and the future of Englewood, expressed through the youth of our communi ty .
·· striving to reach Into tomorrow with assurance and pride In a
strong •~d traditional community on the brink of discovery as w encourag our
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Englewood City Council Minutes
January 15, 1990 -Page 9
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youth to new adventures and horizon in the 21st century through our example and through our support.
--focusing on
1. Neighborhoods
residential
business (commercial and industrial)
2. Intergovernmental relations and issues of governance
3. Youth, families, individual residents/quality of life,
culture
4. Sound fiscal planning and accountability to the public.
(iv) Council Member Clayton commented his goals were shared via
electronic mail. He expressed frustration with the City's current policy of
refusing alcoholic beverage sponsorship of our parks and recreation programs.
He noted that although the City prohibits the parks and recreation facilities
from accepting advertisement and funds from alcoholic beverage companies, we
do not seem to have a problem posting notices done by other parks and recre-
ation facilities in our Recreation Center. He was concerned about the loss of
funding as a result of this pol icy. He felt the City should look at this
policy to find ways various companies, including alcohol-related companies,
could help sponsor our various recreation events . This was briefly discussed.
15. Adjour,..nt
COUNCIL N£NIER KOLTAY MOVED TO ADJOUII. The -.eting adjourned at 8:40 p.m.
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CITY COIIICIL AGENDA STATUS REPORT
FOR THE JAIIJARY 15 1 1990 CITY COIII:JL IIEETIM!!
Agenda Originating ltetl Oej!ut~~ent Oescrij!tion Action Tiken Follow -u11
SA FINANCE COUNCIL MINUTES 1/8/90 APPROVED 7-0 COPIES TO BE DISTRIBUTED (CLAYTON/KOL TAY)
6A CNGR KEN HARALDSEN
DID NOT APPEAR AS SCHEDULED
SA C(JIII DEV HOGUE'S RESIGNATION P l Z CONN ACCEPTED 7-0 LETTER OF ACCEPTANCE WITH (HATHAWAY/HABENICHT) REGRETS FROM MAYOR VAN DYKE
88 CNGR t PROC. 25TH ANNIVERSARY OF LAID APPROVED 7-0 SIGI£0 PROCLAMATION TO BE AND WATER CONSERVATION FUND TAMSftiTTED (CLAYTON/HATHAWAY)
9A C(JIII DEV 80 OF ADJ . & APPEALS MINUTES
12/13/89 9B EOOA EDOA MINUTES 12/13/89 ACCEPTED 7-0 NONE 9C FINANCE ELLA MINUTES 12/20/89 90 UTIL WATER & SEWER BOARD MINUTES 11/14/89
(HATHAWAY/CLAYTON)
llA FINANCE •· RESO.Il ADOPTING OlD HIRE POliCE APPROVED 7-0 POLICE PENSION BOARD TO PENSION PlM (KOlTAY/HATHAMAY) ADMINISTER PLAN AS SET FORTH
liB CONN DEV ~ESO. 4 TRANSFERRING FUNDS TO EURA APPROVED 7-0 TRANSFER TO BE MADE BY FIN/ FOR LAIC) PURCHASE ACCTG; EUAA TO PROCEED WITH (BULLOCK/CLAYTON) CLOSURE Of LAND ACQUISITION 12A CNGR CONFIRMED MEETING WITH COUNCIL • 2/10/90 AT 9:00 A.M.
128 CNGR CONrJRNED M££TJ WITH COUNCIL TO
DISCUSS ~LS FOR 1991 3/ll/90
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12C CMGR
12D CMGR
13A CATTY
13B CATTY
13C CATTY
13D CATTY
14Ai CMGR
14B1 CMGR
14Bi i CMGR
14B111 CMGR
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HABENICHT/WIGGINS MOVED RESO.#S IN
OPPOSITION TO H.B. 1152
lsuUOCK/HATHAWAY MOVED RESO.I6 IN
OPPOSITION TO H.B. 1007
/ CB14 INTRO. BY HATHAWAY APPROVING
AGREEMENT WITH COLO. DEPT. Of HEALTH
RE HAZARDOUS WASTE SOIL CONTMINATION AT WESLEY l RARITAN
(HATHAWAY/CLAYTON)
TITLE 15 tNC TO PLANNING l ZONING'S
CONSIDERATION ON Z/6/90
APPROVED 7-0
APPROVED 4-3 (KOLTAY/
HABENICHT/CLAYTON)
APPROVED 7-0
GAVE COUNCIL NOTICE THAT LIQ.LIC.AUTH.
Will BE HEARING LIQUOR VIOLATION ALLEGATION
FOR ARAPS OLD GUN EATIN' l DRIMCIN' ESTAILISIIIENT
CLARIFIED TIM BULLOCK'S APPOINTMENT TO EURA
TO COMMENCE Z/5/90 THROUGH Z/5/95
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CMGR TO SEND LETTER TO COMM.
MEMBERS; ALSO TO COLO. HOME
BUILDERS ASSOCIATION
CMGR TO FORWARD COPIES OF RESO
TO APPROPRIATE LEGISLATORS
TO BE PUBLISHED 1/25/90;
SECOND READING 2/5/90
COUNCIL TO ADVISE DEWITT Of
ANY C(Jit[NTS, CONCERNS
MAYOR (1) ANNOUNCED TM MEETING Z/6/90; (Z) STATED GOALS FOR 1990/91; (3) APPOINTED COUNCIL SUBCOfiiiTTEE (CLAVTON/HATHMIAY/WIGGINS) TO WORk WITH FRASER TO REVIEW AND DEVELOP COUNCIL POLICY
v RESO.I7 RATIFYING PREVIOUS APPOINT -APPROVED 7-0
MENTS TO VARIOUS BDS. l CC»>t (SEE
STATUS REPORT 01/08/90)
(HATHAWAY/KOLTAY)
HATHAWAY (1) SHARED ARTICLE IN 1/19/90 COLORADO BUSINESS MAGAZINE; (2) SHARED BROCHURE PROMOTING LITTLETON AND SUGGESTED ENGLEWOOD SHOULD FOLLOW SUIT
HABENICHT (I) REQUESTED UNEXPENDED BUDGET FUNDS FOR LIBRARY BE SCHEDULED FOR STUDY SESSION;
(Z) ANNOUNCED WIMG CONFERENCE AND SHARED JNFDRNATION; (J) STATED THAT COUNCIL MIGHT BE
INTERESTED IN ATTENOING MEETINGS OF ENGLEWOOD EDUCATION FOUNDATION • PARTNERS rOR TH FUTUR
(4) SHARED BROCHURE RE VOLUNTEERS OF ENGLEWOOD PU8LIC SCHOOLS; (S) SHARED HER GOALS FOR 1990/91 .
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1481v CMGR
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CLAYTON {1) ANNOUNCED HIS GOAlS WERE ON E-~ll {Z) COMMENTED ON HIS FRUSTRATION BECAUSE
OF PARKS l RECREATION'S POliCY NOT TO PERMIT SPONSORSHIP OF EVENTS BY AlCOHOliC RElATED BUSINESSES RESUl liNG IN lOSS OF FlllliNG.
PRESENT : All ~ERS
ADJOURNED : 8:40 P.N .
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4.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JANUARY 15, 1990
7:30 P.M.
Call to order. ~1-'l Jl~ f .' -3 7 f ?n .
Invocation. ~~~~
Pledge of allegiance. hM. ~~.e_,
Roll Call.
Minutaa.
(a) Minutaa of the ragu~a~ City Co~c!l~ating of
January 8, 1990. eeaJli?'L ;/../~~
6. J-!ra-Schadulad Viaitora. (Plaaaa liait your praaantation (. 1 .. o tan ainu tea. )
J.k"
7.
9.
(a) Mr. Ken Haraldaan will be in attendance to diacu••
Council' • approach to local governance.
Non-Schadulad Viaitora. (Plea .. liait your praaantation
to five ainutea.) ,~
co .. unicationa and Proclaaation•.
(a) Latter froa Bruce Hogue, indicating hia deciaion to Aft..dtr~t~
reaign froa the Planning and Zoning co .. iaaion. ~ ~~f
(b) Procl ... tion celabratift9 the 25th annive ·~t;Y o~ d /
the Land and Water Conaervation Fund. ' r;7r?1jn'!Ttr~.((.
Conaent A9enda.
{A ccept
(a) Minute• of the Board of Adjuataant and Appeal•
Meeting of Dacaabar 1 3, 1919 •
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City Council Agenda
January 15, 1990
Page 2
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A~
~~ {(b) . ~ eJ~. 0 (c)
Minutes of the Englewood Downtown Development
Authority Meeting of December 13, 1989.
Minutes of the Liquor Licensing Authority Meeting
of December 20, 1989.
(d) Minutes of the Water and Sewer Board Meeting of
November 14, 1989.
Approve
10. Public Hearing.
12.
13.
14.
Ordinances, Resolutions, and Motions.
(a ) Recommendation from the Department of Financial
Services to adopt a resolution adopt~Jl/the Old
Hire Police Pension Plan. J:::'~ur I r/dk~t~
(b) Reco .. endation froa the Departaent of co .. unity
Developaent to adopt a resolution transferrinq
funds to the UJ;jban Renewal A';l~ority for land
purchase. ,(:itl / r rk. j f'f"llfj-fo l''-.
(a)f.hr/?t;,u£ £-1/l · 'ltJ 9 :d-~7i f VJ'C'~,..5!
city Manaqer•s Report f~A!.hit~'"'d .3-al-91' ~Z~ i ~-4~~uJ<V~Z'?
(C~;J~~..-w4t. I.'KI~~? Hf~ "~~-lit .7 '-/ 9 / (~.)&, ~ ~-477 I[# ,6/15-'Z.. 7-~
City Attorney's Report. -.; ~J.tt,~ "n"~.( -Q_. '*C. n.,_
· r-r ~ Jll ·t::!l 1 7 /y'-.J(-<.;d~t1/· ,..,.._14~
(a) Wesley and Raritan Hazardous Waste consent c·tt~".,
Aqreeaent • .AI~~~~~~
(h) ..;J.Cd.;t.lc;£AfC,(. ll./!)lt P¥'2 /,;._ < ~~ 2fj?o
(c) /J ·d.u 1-~~.u "'l.(. • ~'71 1 <(',., Cl"'~..&/
Ge nera l Di cu .. 1on . (d) t tt.CA 'Jdl'"'~~~
(a) Mayor's Cho ic e.(.(t)~'?. ~~~ ~~:';/i ...,~t.
~,..,;._-.l'...t t•-o.d~-' ~M.too< C ~
(b) Council Membe r 's o ce. (t?. c~Tn-o/#lnl't~n ~y-/£'t'"P?<--'-)
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1. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
January 8, 1990
The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:42 p.m.
2. Invocation
The invocation was given by Council Member Koltay.
3. Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Van Dyke.
4. Roll Call
Present: Council Me.bers Hathaway, Koltay, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Absent: None
A quoru• was present.
Also present:
5. Minutes
City Manager Fraser
City Attorney DeWitt
City Clerk Crow
Director Fonda, Utilities/WWTP
Director Stanley, Safety Services
Director Free-an, Financial Services
(a) co.: IL IIEMO KOZACDC NDVm, ., IT WAS S£COND£D. TO APNOV£ THE
MIIIIT£5 OF Tit£ I[IULAI tl£01. OF D£COIIO 11, ltlt.
Ayes : Council Me.bers Koltay, Hathaway , Kozacek, Byrne ,
Habenicht, Clayton, Van Dyke Nays: None
Motion carried.
6. Co..ents by £xitfft9 City Council "'-btrs
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Englewood City Council Minutes
January 8, 1990 -Page 2
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(a) Council Member Byrne stated she was honored to serve the community,
and she had enjoyed working with the many fine employees of the City to pre-
serve and improve our residential areas and to keep City government open and
accessible to make Englewood a really nice place to live .
(b) Council Member Kozacek stated he had been proud to serve the
citizens. He felt he had represented the people well, all of the people, not
individual groups. He offered good luck to the remaining council members as
well as the two new members, stating they had a lot ahead of them .
7. City Clerk Crow read the 1 ist of newly elected Council Members and Municipal Court Judge:
Council Member At-large
Tim Bullock
Council Member, District II
Susan Van Dyke
Council Me•ber, District IV
Clyde E. Wiggins
Municipal Judge
louis J . Parkinson
The newly elected officials were svorn in by the Honorable John A. Criswell, Judge, Court of Appeals .
8. MeMbers of the City Council were te.porarily seated and Chairperson Van Dyke requested roll call.
Present: Council Mellbers Hathaway, Kolhy, Wiggins, Bullock, Clayton, Habenicht, Van Dyke
A quoru. was present.
9. Chairperson Van Dyke calltd for no.fnattons for the office of Mayor.
CCUICIL NOIID HATHAIIAY NOIIIUTED SUSM YM DYl£ TO SDYE AS UYOR. CCUICJL
IOIEI IIJIIINS SECWI»ED THE NOIIIUTION. CCUICIL NOIIEI HATHAIIAY MOVED THE NOIIINATIONS IE CLOSED.
Ayes : Council "--bers Koltay, Hathaway,
Clayton, Habenicht, Van Dyke Nays : None
The Cha i rperson dec hred the 110t ion carri td and Susan Van Mayor .
Wfggfn s , Bullo ck,
Dyke duly elected
10 . Mayor Van Dyke called for no.fnations for the offfce of Mayor Pro T ...
CCUICJL fDIEI IIIIIJNS -lUTED Al.D HAIOUCHT TO SEIY£ AS UYCII NO TDI.
CCUICJL fOlD IULLOCIC S£CCII)ED TH( -IllATION. CCUICJL fDIO IIIIIUIS IIOVED
TH( NOIIJUTJMS IE CLOSED.
Ayes : Council "-btrs Koltay, Hathaway, Wt99ins, Bullock ,
Clttton , Habenicht, Van Dyke Nays : None
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Englewood City Council Minutes
January 8, 1990 -Page 3
The Mayor declared the motion carried and Alex Habenicht duly elected Mayor Pro Tem.
11. Permanent seating was agreed upon.
12. Mayor Van Dyke presented tokens of appreciation to the retiring Council
Members. City "Hark" plaques were presented to Gary L. Kozacek for serving as
a Council Member from January 1986 through January 8, 1990 and to Erica Byrne
for serving as a Council Member from June 20, 1988 through January 8, 1990 .
In addition each was presented with a photograph of the Englewood Plaza water -way as a personal gift from Mayor Van Dyke.
Mayor Van Dyke also presented to the other council members copies of the same
photograph as a personal momentum. Mayor Van Dyke announced she is presenting
the City with a larger version of the same photograph and wished to urge the
City to display it along with many of the awards which have been presented to
the City for improvements to Little Dry Creek and the downtown area.
13. Recognition was given to the faMilies, friends and guests of the new mem-
bers of City Council. Council Hftlber Wiggins introduced his wife Ruth,
daughter ~y, and campaign manager Gary Dounay. Council MeMber Bullock intro -
duced his wife Linda, his parents Ann and Noel Bullock, and caMpaign manager
Anna Marte Kratzner. Mayor Van Dyke recognized a few of her friends and
neighbors -Elaine and Michael Fisher-Steinberg and their children Andrea and
David, Patty Howe, TriMble Russell, Jay Juliano and Ken Strang. She also ex -
pressed thanks to others who were present for their past and continued support.
Council He~r Habenicht, newly elected Mayor Pro Te., introduced her husband
Chuck, her daughters Stashia and Tania, and Stashia's friend Scott Hiller.
14. Council He.ber Hathaway advised that the following asstg~nts to boards
and ca..isstons had been accepted by the various council -..bers:
Englewood Downtown DeveloP~tnt Authority Rita Hathaway
Fire.en's Pension Board
Susan Van Dyke
Housing Authority
Roger Koltay
Parks and Recreation Ca..tssion
WilliM CllYtOn
Clyde Wigvins
Police Pension Board
Susan Van Dyke
Public library Board
Alex Habenicht
Rettr ... nt Board
Rogtr Koltay
Water and S...r Board
Alex Habenicht
Ti• Bullock
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Englewood City Council Minutes
January 8, 1990 -Page 4
Susan Van Dyke
City/School Committee
Clyde Wiggins
Roger Koltay
Denver Regional Council of Government
Rita Hathaway, Delegate
Tim Bullock, Alternate
Colorado Municipal League Policy Committee
William Clayton, Delegate
Alex Habenicht, Alternate
Malley Center Trust Fund
Rita Hathaway
Economic Development Coalition
Susan Van Dyke
* * * * *
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO DEFER FROM AGENDA PRO-
CEDURE TO CREATE AGENDA ITEM 14(a) -SPECIAL RECOGNITION OF MAYOR VAN DYKE.
Ayes: Council Me~rs Kolt&y, H&thaway, Wiggins, Bullock,
Clayton, HAbenicht, Van Dyke Nays: None
Motion curled.
14. (1) El&ine Fisher and other .a.bers of the Co..ittee to Reelect Susan
Van Dyke congratulated Mayor V&n Dyke on her reelection to City Council and
lppoint.ant as Mayor. They presented Ms. Van Dyke with her photograph which
had been on display at Maxwell Studio. Ms. Van Dyke extended her appreciation
both for the gift 1nd for the support she had received fro. this group.
* * •• *
COUNCIL NEMIO HAIEIIICHT MOVED, All) IT WAS SEC.O, TO TAKE A IIIEF RECESS.
Ayes: Council Mellbers Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke Nays: None
Motion c&rried. The .. eting recessed at 8 :07 p .•. ; reconvened at 8 :3 0 p.•. Roll w&s c&lled with all -..bers present .
15 . Oesign&tion of Ltgal Newsp&per .
COUNCIL MEIIIER HATIWIAY MOVED, All) IT WAS SEC.O, TO D£SIINATE THE EN&LEWOOD
SEIITINEL AS THE LEiiAL 11£VSPAPER FOR THE CITY OF Ellll.EWOOO.
Ayes : Council Mellbers Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke Nays : None
Motion carried.
16 . Pre -scheduled Visitors
(a) Ph ilip Lucero, 3195 South Fox Strttt, and others expressed concerns
about the odors tftlltted by the Wastewater Treat•nt Plant . In hts opfnfon,
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Englewood City Council Minutes
January 8, 1990 -Page 5
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staff was not responsive to the situation and the plant was understaffed . He
presented a petition signed by 42 residents of the area which stated:
"We the undersigned are fed up with smelling the rotten odor
coming from the Englewood/Littleton Wastewater Treatment Plant. We as
taxpayers don't believe that we have to smell this odor. This is Engle -
wood and not Commerce City. We the undersigned are tired of hearing ex -
cuses from the Management of the Wastewater Treatment Plant and 'help is
on the way, bear with us'. They return to their homes with clean air and
we are left with the stench. If this plant was in Littleton their City
Council would not tolerate this disgusting and nuisance of a smell. In
the best interest of this community we ask the Englewood City Council to
find a real Management staff that will correct the problems at this
facility."
Hr. Lucero requested that council force management to become responsive . He
expressed concerns over allergy problems which have surfaced in his neighbor -
hood and asked why it is necessary that he and his neighbors are forced to
suffer in this manner. City Manager Fraser and Director Fonda responded to
Hr . Lucero's statement, explaining that everything which can be done at the
present time is being done, that construction of the improvements to the plant
are scheduled for Fall 1990. It will take approximately three years to com -
plete the improvements at an estimated cost of S23H.
Hr. Lucero expressed anger and dismay that he and his neighbors would be ex-
pected to endure this problem for approxi•ately three .ore years. Mr . Lucero
was assured this Council is quite concerned over the proble11 and that staff
will be directed to seek other alternatives to alleviate the situation.
Hr. Fonda reiterated steps which had been taken over the past ten years in an
effort to solve the 11atter, but he stated that with the present plant situa-
tion, there was nothing which could be done until the new illl)rove~~ents are
•ade. Mr. Lucero did not feel this an adequate response.
Council Member Hathaway requested that Mr . Fraser •ake certain the direct
complaint/inquiry telephone line to the Wastewater Treat11ent Plant is still
operable in light of the recent telephone changes.
(b) Rudolf Tisch, owner of the Liquor Barn, 4415 South Broadway, pro ·
vided Council with detailed information concerning an incident at the Liquor
Barn on January 5th which involved a police officer and vehicle parked in the
business entrance to 4415 South Broadway. Mr. Tisch also discussed the City
of Englewood's False Alan~ Ordinance, expressing his opinion that fines for
unintentional false alarms were unfair . He felt businesses should bt afforded
the courtesy of the benefit of doubt . The way the ordinance is currently en ·
forced creates a probl .. for the retailer; he asked Council to a.end the or -
dinance to provide .are leniency. The recorded nu.btr of calls to Mr . Tisch 's
establ1shllent were discussed; Mr . Tisch disagreed with the facts presented .
City Manager Fraser suggested that he along with Mr . Tisch and Director Stan ·
ley review both •atters presented by Mr . Tisch .
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Englewood City Council Minutes
January 8, 1990 -Page 6
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(c) Eugene Norman, 4239 South Galapago, discussed various matters. Mr .
Norman shared a self-portrait which symbolizes Mr . Norman's contact with
UFO's . Mr . Norman was asked to explain to Council exactly what it is he i s
requesting of them. He asked that City Council interact on his behalf with
President Bush, and he requested that he be allowed to spend uninter r upted
time with President Bush to correlate a peace movement. Other things men -
tioned by Mr. Norman which he expected from Council inc 1 uded 1) become more
flexible in dealings with people like him , 2) become better communicators with
him , 3) listen to his solutions to problems such as the odors from the Wa s te -
water Treatment Plant, 4) cooperate with each other. Mr. Norman was i nformed
that it was not the role of the City Council to address officials in Washing -
ton , D. C., on behalf of individual citizens , that Mr . Norman should under t ake
that him self. He disagreed , stating council members were "his elected offi -
cials." This was discussed further , and Mr. Norman left Council Chamber s ex-
pressing anger and stating, "There is no democra cy in thi s City !"
(d) Jane Schnackenberg, 3675 South Cherok ee Street, wa s in attendan ce to ac cept a proclamation in honor of Martin Luther King Da y.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO BRING FORWARD AGENDA
ITEM 18(c) -A PROCLAMATION HONORING DR. MARTIN LUTHER KING.
Ayes: Council Mellbers Koltay , Hathaway, Wigg i ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried .
COUNCIL MEMER HATIWIAY NOVED, Alii IT WAS SECONDED, TO DECLARE JANUARY 15, 1990, AS •MARTIN LUTHER Kill DAY.•
~es : Council Mellbers Koltay, Hathaway , Wiggins, Bullock, Clayton , Habenicht, Van Dyke Nays: None Motion carried .
Mayor Van Dyke presented Ms. Schnackenberg wi th the procla•atton .
17 . No n-sc heduled Visi t or s
(a ) Betty Lou Ac ker, 31 40 Sou t h Dela ware, refe r ri ng to an article which
recently appeared tn the Rocky Moun t ain News, as ked fo r Counci l 's sup port con -
cern i ng the Poundstone AMenO..nt . Ms . Acker wa s concerne d about t he plight of
Englewood should the Poundstone A.tn~nt be repe aled . Ms. Acker wa s InforMed
tha t t t did not appear there would be annexa t io n legisl at io n in t roduced dur i ng
the next legislature session. She was also us ur ed that t he Ci ty of Engle -
woo d, as a H0111e Rule City, wo uld ha ve ext r a pro t ec t io n aga i ns t ann exat ion ba sed on t he pro visions of th e Ho.e Rul e Chart er .
18 . Co..u nfc attons and Procla.atfons
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Englewood City Council Minutes
January 8, 1990 -Page 7
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: Motion carried. None
(b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO DECLARE THE 1990'S AS "THE DECADE OF THE CHILD IN ENGLEWOOD.•
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried.
(c) This item was moved forward and acted upon earlier in the meeting. See Page 6.
19. Consent Agenda
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(f)
Minutes of the Englewood Parks and Recreation Commission meeting of December 14, 1989 .
Minutes of the Englewood Urban Renewal Authority meeting of Decem -ber 13, 1989.
Minutes of the Englewood Public library Board meeting of December 12, 1989.
Minutes of the Englewood Planning and Zoning C~issfon .aeting of December 6, 1989.
Council Bill No. 46.1 for an ordinance sublitting to a vote of the
qualified electors a proposed a.end .. nt to the Charter relating to
age and residency requfra.ents of City Council Me.btrs.
Council Bill No. 46.2 for an ordinance subattttng to a vote of the
qualified electors a proposed a.end-.nt to the Charter relating to
age and residency requfra.ents of City Council Me.bers.
Councfl Bill No . 47 for an ordinance subattttng to a vote of the
qualified electors of the City a proposed a.&nd-.nt to the Charter
relating to the financial t~rt of i~asse Issues.
Council Bill No . 48 for an ordinance a.&ndtng and adding sections
of the Code pertaining to Council Benefits, declaring an ... rgency
related thereto, and setting thi s Issue for a special election .
Council Bill No. 49 for an ordinance approving an agre ... nt between
the Englewood Public Library and Arapahoe Library District to pro -
vide library services for residents of both jurisdictions .
COUNCIL MOeiER IIIIIINS MOVED, MD IT WAS SECCII)Q). TO ACCEPT CONSENT AIENDA ITENS It (a) THIOUIH (d).
Ayes:
Nays :
Motion carried.
Councfl Htllbers koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None
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Englewood City Council Minutes
January 8, 1990 -Page 8
Council Member Habenicht requested that Agenda Items 19(e) and 19(f) be with-drawn from the Consent Agenda.
Council Member Clayton requested that Agenda Item 19(g) be withdrawn from the Consent Agenda.
• * •••
COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 19 (h) AND (i) AS FOLLOWS:
(h) Ordinance No. 1, Series of 1990, Introduced by Council Members Habenicht and Hathaway (Council Bill No. 48), entitled:
PEOPLES ORDINANCE NO. ___ , SERIES OF 1990
AN ORDINANCE AMENDING TITLE 1, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE 1985, BY
ADDING A NEW SECTION 9 PERTAINING TO COUNCIL BENEFITS, DECLARING AN EMERGENCY RELATED THERETO, AND SETTING THIS ISSUE FOR A SPECIAL ELECTION.
(i) Ordinance No. 2, Series of 1990, Introduced by Council Member Habenicht (Council Bill No. 49), entitled:
AN ORDINANCE APPROVING AGREEMENT BETWEEN THE ENGLEWOOD PUBLIC LIBRARY AND
ARAPAHOE LIBRARY DISTRICT TO PROVIDE LIBRARY SERVICES FOR RESIDENTS OF BOTH JURISDICTIONS.
Ayes:
N~ys:
Motion carried.
Council Me.bers Koltay, Hathaway, Wtggtns, Bullock Clayton, Habenicht, Van Dyke None
* * *. *
ITEMS WITHDRAWN FROM THE CONSENT AGENDA:
(e) and (f) Wtth regard to Council Bill No. 46 .1 and 46.2, both of which
were approved on first reading on Dece.ber 18, 1989, Council He.Oer Hathaway
ca..ented that in light of the fact that we ••Y receive a ruling fro. the At -
torney General's Office clartfyfng age and residency requfra.ents for Council
... bershfp, she wfshed to table until further notfce any actfon on these two agenda ft .. s .
COUNCIL MEMEl HATHAWAY MOVED, AND IT WAS SEC.,ED, TO TAIL£ AIOIDA ITEM lt(e) (COUNCIL IILL NO. 46.1) UNTIL FUITHEI NOTICE.
Ayes : Council Metlbers Koltay, Hathaway, Wfggfns, Bullock, Habenicht, Van Dyke
Nays : Council Me.ber Clayton Motfon carried.
COWICJL ..,_. NATIWMY MOVED, MD IT WAS SEC~, TO TAIL£ AIOIDA ITEM lt(f) (COUNCIL IILL NO. 41.Z) UNTIL FUITHEl NOTICE •
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Englewood City Council Minutes
January 8, 1990 -Page 9
Ayes:
Nays:
Coun c il Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried.
Council Member Hathaway further explained she still wanted to pursue Charter
clarification concerning age and residency requirements; however, she felt
clarification would be accomplished upon receipt of a ruling from the Attorney
General. If not, then this matter could be pursued prior to the next municipal election.
(g) With regard to Council Bill No. 47 which was approved on first
reading on December 18, 1989, Council Member Clayton explained he would like
to amend the Council Bill deleting any reference to the Special Election of
January 30, 1990, substituting words which would schedule this matter for the next scheduled municipal election. After discussion,
COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL BILL NO. 47, SO THAT THE TITLE WOULD READ:
•AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION
PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING
TO THE FINANCIAL IMPORT OF IMPASSE ISSUES.•;
FURTHER, THAT PARAGRAPH ONE OF SECTION 1 BE AMENDED TO READ:
•sECTION 1. THERE IS HEREBY SUINITTED TO THE QUALIFIED ELECTORS OF
THE CITY OF ENGLEWOOD AT THE NW REGULAR NUNICIPAL ELECTION PRO-
POSED AMENDIIOO TO THE CHARTER OF THE CITY OF ENGLEWOOD, AS FOLLOWS: •r
FURTHER, THAT SECTION 4 (EJI£RGEJCY CLAUSE) IE DELETED.
Vote results:
Ayes: Council Metlbers Kolhy, Hathaway, Wiggins, Bullock, Clayton, Van Dyke
Nays : Council Metlber Habenicht
Motion carried and Council Bill No . 47 a.ended.
Council HHber Habenicht explained her opposition, stAting she understood
Council Hetlber Clayton 's fnhnt wtth regard to fnfor-.ing the electorate of
financial i~act of i~asse questions; however, she felt that responsibility
could be acco.plished without 1 Charter ... n~nt, which in her opinion would
co.plicate and co.pound the Charter rather than si~lffy ft . For that reason she would oppose passage of Council Bill No . 47.
The Clerk was asked to read Council Blll No . 47, as ... ndtd, entftltd:
COUNCIL BILL NO . 47, INTRODUCED BY C~IL MEMBER CLAYTON
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Englewood City Council Minutes
January 8, 1990 -Page 10
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A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE
CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED
AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE FINANCIAL IMPORT OF IMPASSE ISSUES.
COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, PASSAGE OF COUNCIL BILL NO. 47 AS AMENDED.
Council Member Clayton responded to Ms. Habenicht's comments, stating he was
concerned that when faced with an impasse election issue, the constituents
might not have an idea of the financial impact. He felt this information
would make them aware of what those costs might be before they vote for one choice or the other.
Vote results:
Ayes:
Nays:
Motion carried.
20. Public Hearing
Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Van Dyke
Council Member Habenicht
No public hearing was scheduled.
21. Ordinances, Resolutions and Motions
(a) City Manager Fraser presented a reca..endation fro. the Department
of Safety Services to adopt a bill for an ordinance ... ndtng and adding sec-
tions of the Englewood Municipal Code pertaining to possession of ••rijuana.
Mr. Fraser explained that thh would provide that the Englewood Municipal
Court could be used to enforce violations of one ounce or less of possession
of .. rijuana. Director Stanley responded to various questions of Councfl,
stating that even though thh •ight place an increased burden on Municipal
Court, there would be a cost savings realized u officers would be able to
testify in Municipal Court as opposed to traveling to Arapahoe County District
Court. He also explained that police officers would be .are inclined to write
violations into the Municipal Court. Seizure of property and other .. tters were discussed .
The Clerk was asked to read Council Bill No . 1, Series of 1990, ent i tled :
COUNCIL Bill NO . I, INTRODUCED BY COUNCIL MEMBER HABENICHT
A Bill FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 60, ENGLEWOOD UICIPAL COOE
1985, BY ADDING A NEW SECTION lZ DEALING WITH POSSESSION OF MARIHUANA (MARIJUANA).
CU.Cil tiEMU HAIDUCHT 110¥0, -IT MAS src.at, FOI APNOVA&. • FJIST REMI• Of COUIICIL IILL 110. 1, SOlES Of ltto.
A,)les : Councfl "-bers Koltay, Hathaway , Wftgfns, Bullock,
Clayton, Habenicht, Van Oyke Nan : None
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Englewood City Council Minutes
January 8, 1990 -Page 11
Motion carried.
(b) Director Freeman presented a reco11111endat ion from the "01 d Hire"
Pol ice Pension Board to •dopt a bill for an ordinance which would establish
and restate the Old Hire Police Pension Plan. Ms. Freeman explained the Coun -
cil Bill repeals the current Old Hire Police Pension Plan and reestablishes,
word for word, the Plan in a different section of the Code . Also, it allow s
for adoption of the Plan by Council Resolution. Ms. Freeman advised Council
that concurrence by the plan members had been received. With regard to the
purpose of the plan restatement, Mayor Van Dyke pointed out three items, i.e.,
1. This would provide better documentation of all pension provision of the pension plan;
2. This would provide definitive interpretations of the pension plan as
mandated by Colorado State Statutes and current Code provisions; and
3. This would bring the Plan into compliance with Internal Revenue Ser -
vice requirements for pension plans including pre-tax deferment of employee contributions.
Ms. Van Dyke urged Council's support at this time, stating the matter would be
more thoroughly discussed at a future study session prior to final passage .
The Clerk was asked to read Council Bill No. 3, Series of 1990, entitled:
COUNCIL BILL NO. 3, INTRODUCED BY MAYOR VAN DYKE
A BILL FOR AN ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PEN -
SION PLAN BY REPEALING TITLE 1-6E-7 AND AMENDING TITLE 3 BY ENACTING A NEW CHAPTER 7.
IIAYOR VAN DYKE MOVED, AND IT VAS SECOfi)ED, TO APPROVE ON FIRST READJN& COUNCIL llll NO. 3, SERIES OF 1910,
Discussion ensued concerning the Increased llellbershfp of the Pollee Pension
Board fro. three to five .a~rs. Ms. Fre ... n explained, If approved, the new
-..hers would serve with staggered tenas and would be elected to the Board by
-..hers of the Plan. Current llltlbershfp is the Mayor, the Director of
Finance, and one liMber of the Plan (elected by the Phn lllllbers). In the
restat ... nt of the Plan, ...otrshfp would be one Council representative, the
Director of Finance, and three llltlbers of the Plan (to be elected by the Plan
-..hers). Having five llellbers u opposed to three would •ake 1 t euler to
secure 1 quoru• for .. etfngs of the Board. It was conftn.ed there would be no
additional adm i nistrative costs . Mr . DeWitt stated he had reviewed and now
concurs In the proposed restate.ent of the Plan.
Vote r s ults :
Ayes :
Nays :
Motion carried.
Council Me.btrs Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(c) City Manager Fraser presented a resolution which would clarify the
language of the ballot Issue on January 30, 1990, regarding the f.,asse with
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Englewood City Council Minutes
January 8, 1990 -Page 12
the Englewood Police Benefit Association. The resolution is consistent with
the language as discussed with representatives of the employees in December, and its approval is recommended.
The Clerk was asked to assign the resolution a number and read it by title:
RESOLUTION NO. 1, SERIES OF 1990
A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE
RESOLUTION PROCEDURE, ESTABLISHED BV THE HOME RULE CHARTER OF THE CirV OF EN-
GLEWOOD, RELATING TO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER
OF POLICE LODGE 122 AND SUPERSEDING RESOLUTION NO. 72, SERIES OF 1989.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 1, SERIES OF 1990.
Ayes:
Nays:
Motion carried.
Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke
None
(d) A resolution establishing annual salutes for the Municipal Court
Judge and Associate Judges for the calendar year 1990 was considered . Mayor
Van Dyke explained that the establfsh.ent of salaries for the Munfcfpal Judge
and Associate Judges is wfthfn the discretion of City Council. A three per -
cent increase fn salary for the Munfcfpal Court Judge 1s being reco.ended
wfth the understanding that the urket be reviewed and a possible adjust.ent
to that salary be ude at the ffrst ... ting in February. An annual salary of
S55,571 for Municipal Court Judge and the salary of S250 per day for Associate Judge were Incorporated into the resolution.
The Clerk was asked to assign the resolution a nu.ber and read it by tftle:
RESOLUTION NO. 2, SERIES OF 1990
A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE MUNICIPAl COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1990.
COUNCIL MEMIO IUlLOCIC IIOVED, All) IT MAS S£CCIID£D, TO APPIOVE lfSOlUTJ. MO. 2, S£11£5 OF ltto.
Aye s:
Nays:
Motion carried.
Councfl "-bers Koltay, Hathaway, Wfggfn s, Bullock, Clayton, Habenicht, Van Dyke None
(e) Director fonda presented a reca.endatlon fr011 the 81 -City Super-
visory Ca.tttH to approve by 110tton the perfol"'llnce of a value eft9lnHrfng
study on tht Ptlue lA design by Cup Dresser and Mc:KH . Mr. Fonda tnfor"'led
Council that the study ts required to qualtfy tht City for a State loan,
should the City opt to apply for a State loan for project financing froa the
Water Pollution Control Revolvl119 Fund, and is a valuable exercise In Its own
right . He explained that a ftna other than the ont workf119 on tht project
would Ptrfona a functional analysts and analyze the design concPpts thus far
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Englewood City ,Council Minutes
January 8, 1990 -Page 13
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of Brown & Caldwell (the design engineer). This could result in enhanced
value to the City. Three firms were invited to submit costs; the low bid was
from a branch of Brown & Caldwell. Therefore, the Committee is recommending
that the bid be awarded to Camp Dresser & McKee, based on Alternative B in the
amount of $42,700. Hr. Fonda responded to various questions.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, APPROVAL OF THE PERFOR-
MANcE OF A VALUE ENGINEERING STUDY ON THE PHASE lA DESIGN BY CAMP DRESSER l MCKEE BASED ON ALTERNATIVE B AT A COST OF $42,700.
Hr. Fonda confirmed that the cost difference between Alternative A and B
($9,000) was to actually verify the exact costs by doing detail quantity take-
offs by the value engineering team. Mr. Fonda did not feel there was suffi-
cient value in that process. He emphasized the value to be received from Al -
ternative B. Hr. Fonda confirmed that Phase lA includes all odor mitigating
facilities which have been discussed to date. Phase IB projects are not odor
related but additional projects which will be completed as funds become avail-
able. Council Member Habenicht pointed out that by having two different en-
gineering fims review the engineer's plan, the City does receive a lot for
its money. Council He•ber Wiggins stated he and Mr. Bullock had recently
toured the plant and both agreed the City should undertake this program.
Vote results:
Ayes:
Nays:
Motion urried.
Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None
22. City Manager's Report
(a) Mr. Fraser inforwect Council that the contract for janitorial ser-
vice with Sunshine Building Maintenance had been cancelled due to non-
perfonaance. A replac ... nt contract has been entered into with Janitronics, Inc., the next lowest bidder.
23. City Attorney's Report
(a) Mr. Dewitt presented a bill for an ordinance approving settl ... nt
wfth the Colorado Depart•nt of Health on the Allen Water Treat•nt Plant
Cease and Desist Order. He reca..anded its approval. Discussion ensued.
The Clerk was asked to read Council Bill No . 2, Series of 1990, entitled:
COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AH ORDINANCE APPROVING SETTLEMENT WITH THE COlOAAOO DEPAATM£NT OF
HEALTH ON THE AllEN WATER TREATM£NT PLAHT CEASE AND DESIST ORDER.
CCUCJL NUllO HAIDIJCHT IIOYED, MD IT IMS SlCC.O, TO APfiOVt Olt FIIST IUO-r• CCUCJL IILL 110. 2, SOlES OF ltto • I . •
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Englewood City Council Minutes
January 8, 1990 -Page 14
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Ayes:
Nays:
Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried.
(b) Hr. Dewitt requested that Agenda Item 23(b) concerning a hazardous
Waste Consent Agreement be tabled as infonaation concerning this agreement was not included in the agenda packet.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO TABLE AGENOA ITEM 23(b).
Ayes:
Nays:
Motion carried.
24. General Discussion
Council ~rs Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None
(a) Mayor's Choice
( i) Mayor Van Dyke announced the appoint•nt of Council MHber
Bullock as Council's representative to the Englewood Urban Renewal Authority .
(b) Council Me.ber's Choice
(i) Council Me.ber Wiggins thanked Mayor Van Dyke for the photo -graph of the Little Dry Creek l~~prov .. nts. He stated he looks forward to working with Council during his ten~ of office.
(H) Council "-ber Clayton Inquired about Installation of COli -pulers for new counctl --.rs. Mr. fraser stated the CCIIIpUters would be
hooked up as quickly as possible. Mr. Cla,yton announced that hts daughter had
recently graduated fro~~ IWl£. He suggested that evlftts such as the OM£
graduation be added to Counctl's calendar so 110re --.rs could be tnfonled and possibly attend these events In the future.
(Itt) Council Ne.ber Bullock expressed thanks to the Mayor for the photographs presented to Council; he also thanked the people of Englewood for
the opportunity of serving as a council --.r, stating he certainly looks forward to working with the other --.rs.
25. Adjou,.nt
COUM:1L NUllO ICOlTAY JIOYED TO~. The ... tfng adjourned at 10:31 p.a.
~ ... dl~ ctty Cltrli I . •
January 9, 1990
EnQl•wood City Council
EnQl•wood City Hall
EnQl•wood, CO 80110
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It has b••n my pl•asur• to ••rv• for th• pa•t 6 month• a• a
m•mb•r of th• EnQl•wood PlanninQ & ZoninQ Commission and I am
Qrat•ful that you Qav• m• this opportunity.
8 (a)
Du• to som• r•c•nt, un•Mp•ct•d chanQ•• in our liv••• Barbara &
will b• movinQ to Lak•wood lat•r this month. This ha• b••n a
difficult d•ci•ion for us to mak• aft•r sp•ndinQ th• last 19
y•ars in EnQl•wood.
As a nec••s•ry cons•qu•nc• of thi• mov•, I r•Qr•t to inform you
that I must r•slQn •• a .. •b•r of th• PlannlnQ & ZoninQ
Commission. Wh•n I acc•pt~ this job l•st •u ... r, I had no
inkli"Q that I -auld b• in th• position that I •• in now
r~•rdln; a ch•nQ• of r•sld•nc•. I a• nor .. lly in th• habit of
followinQ throu9h on th• commltm•nts th•t I m•k•. Pl•as• acc•pt
my •poloQi•s for this unti .. ly mov• •nd th• •Mtr• -ark that lt
cr••t•s for you. I •ppr~i•t• •ll your •fforts •nd know that I
will contlnu• to ••• QOOd things h•PP•ninQ in Engl-.ood.
lruc• Ho9u•
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8 (b)
PROCLAMATION
WHEREAS, the Land and Water Conservation Fund program has
provided over $3.2 billion in federal matching assistance to
states and their local communities for acquiring land and
developing quality public outdoor recreation facilities, which
have greatly enhanced the quality of life in this city; and
WHEREAS, recreation areas funded with Land and Water
Conservation Fund grants are protected in perpetuity by a
provision of the Land and Water Conservation Act, thus assuring a
statewide recreation and conservation legacy for the benefit of our future generations; and
mlEREAS, the results of the program are evident in nearly
every community in the nation through over 35,000 project grants
on more than 20,000 sites, ranging from inner city playgrounds,
to suburban baseball fields, to state natural areas; and
WHEREAS, the Land and Water Conservation Fund grants
program administered by the National Park Service of the U.S.
Department of the Interior now celebrates twenty-five years of
outstanding national service, having been signed into law on September 3, 1964; and
WHERF.AS, in our own city, parks and recreation i.aeasurably
enrich the quality of life of all of our citizens;
NOW, THEREFORE, I, SUSAN VAN DYKE, Mayor of the City of
Englewood, Colorado, proclaim the 25th anni .. raary c: :ration
of tbe Land and Water Conaer.ation Pund and support activities
which positively contribute to this important occasion.
1,0. GIVEN under my hand and seal this 15th day of January,
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MINUTES
BOARD OF ADJUSTMENT AND APPEALS
ENGLEiOOO I COLORADO
DECEMBER 13, l§ag
The regular ~etlng of the Englewood Board of Adjustment and Appeals was
called to order by Chair.an Welker at 7:30 p.•.
Me.bers present: SeYMQur, George, Lighthall, Shaffer, Wald~an and Welker.
Also present: Dorothy Ro.ans, Staff Advisor
Walt Grodltskt, Code Ad•tntstrator
Rebecca Baker, Chief Building Inspector
APPIOVAL OF MIIIITES
10A1D -.a SEYJIOUI IIIOVED THAT THE MIIIITES OF 1110¥0.£1 I, 198t, BE APPROVED AS .. lnEI.
Board Metlber George seconded the ~tt on.
All -..bers present voted In favor of the ~tion, and the Chatna~n ruled the
Minutes of Novelber 8, 1989, were approved as written .
APPIOVAL OF MIIIITES
IOAID _,.EI SrniOUR IIOVED THAT THE MIIIITES OF THE SPECIAL IIEETUIIi 01 DECO.ER I, 1981, If APPIOVED AS .. lnEII.
Board Me.ber Shaffer seconded the ~tton.
All ...O.rs present voted In favor of the ~tton, and the Chatna~n ruled the Minutes of Decetlber 6, 1989, were approved u written .
PUILIC HUll., CAS( 121-lt.
The Chaina~n opened the Public Hearing for Case 121·89, saying that the Board
is authorized to grant or deny 1 variance by Part 3, Section 60 of the Englewood Municipal Code.
Dorothy Rouns
Planning Ad.in1strator, of Co..unity OeveloP~ent
was sworn In for testl~ny . She stated that the applicant was tequestlng
an appeal fro. Section 2516(c) Paragraph 11, of the 1985 Unlfo~
Building Code, which section requires that wood ...otrs for.lng the
structural supports of buildings, balconies, porches, or sl•llar
appurtenances exposed to weather without adequate protection, art to be
constructed of treated wood or of wood naturally resistant to decay .
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The reason for the request ••s to •ppeal the decision of the Chief
Building Inspector that Section 2516(c) Paragraph 11 •pplies to the
balconies of the units In the Silver Cliff DeveloPI8nt, ••int•ining that
the 2 X 8 tri• cap which Is in question Is not 1 "structural ..-bar" and
therefore should not be required to be of treated wood or wood naturally
resistant to decay.
Walter Grodltski,
Code ~lnlstrator for the Building and Safety Division
was sworn In for testl.ony. He explained th•t Gary Yoder, the Plans
Exa.lner at the tl .. the plans were su~ltted, is no longer with the
City, but that he did the Initial plan review. Mr. Grodltskl directed
the Board to look at Exhibit A-12 and the highlighted note: "all wood
exposed to weather shall be pressure treated wood or wood of natural
resistance to decay.•
The note was placed on the approved set of plans. When final Inspections
were done for a TCO, the Inspector noted that the top cap of the
guardrails on the balconies was not "treated wood", and was therefore not
following construction according to the approved set of plans. Mr.
Grodltskl decided to call ICIO for an Interpretation of the Section in
question. ICBO stated that the interpretation was basically left to the
local building depart.ent.
Mr. Grodltskl said he would not .. ke an ~lnistratlve override of the
Plans Ex .. lner's note. He further stated that the current use of
"non-treated" wood, was In direct disregard to the original set of
approved phns.
The Chal~n asked the applicant to ca.e forward for testl.any.
DougWagMr
Wagner Johnston Assoclates,Inc.
•s worn In for testl.any . He stated that hh fin~ •s respo~tslble for
the design of the project, lftd the preparation of the plus. A set of
011 -stte plus were dhpla,ed to the Board. Nr. Wagner stated that based
011 the drawings, notes, lftd other discussions with the lutldlnt
Depart.ent, that there •s never any Indication hat the cap should be
treated or of wood of natural resistance to decay. He al119ed the up
was designed for decorative purposes only, was Intended to be painted,
and did not effect any Lift Safety Issues .
In COftCluslon, Mr . Wagner added that the type of cap they deslped had
.. t with approval fra. other jurisdictions, and that cll .. ctlc conditions
In thts area did not require tria such u the cap discussed, to be
treated wood or wood of natural resistance to decay.
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Ed PerlMutter,
representative for Amy Loper of Berenbaum & Weinshienk ,
Attorneys at Law,
was sworn in for testi.any . He addressed the Board and asked the MeMbers
to focus on the areas that were subject to evidence of the appeal . He
said the cap was never considered 1 structural COIIPO~ent, that it was for
decorative purposes only. That the builder, architect , and engineer were
not overlooking the fact that posts, colu.ns, and girders were structural
.ellbers requiring treated wood .
Mr. Perl.utter cited that in a report prepared by Tyree Associates, which
as been subMitted to the City, the interpretation fro. the UniforM
Building Code was that decay resistant wood would be necess •ry where
~isture was a factor such as on an ocean front. With Colorado being an
arid state , this interpretation did not apply.
Mr. Perl.utter .antioned that structural inspections had been ongoing for
a period of 2 years, and said If the Bu i lding Depart.ant requ i red the
caps to be of treated wood, it would create a hardship for the contractor
to replace 312 to 350 units at the Si lver Cliff Project .
He s u..arlzed by st ati ng that the appe al is appropr ia te bec au se 1)
Colorado cll111te I s not condu c iv e to dec ay , 2) that th e caps are not a
Life Safety factor , and 3) that the top cap s are not con si dered
structural c01p0n ent s.
Further discussion ensued .
There were no furthe r que stt ons , and no other speakers for or ICJIIn st the
appeal . The Chal,...n Inco rpor ated the Staff Report Into the rec ord and clo sed
the publi c hearing .
BOARD MEMBER WAlliN fi»V£D THA T IN CAS E 121-19, THE APPl.ICMT , SMF ORD NET ZEL
DEVELOPMENT COMPAN Y, dba SILVER CL IFF, BE GAAMT ED AM APPEAL fROM SEC TION
Z516(C) PARAGRAPH 11 , Of THE 1985 UN IF ORM BU ILDING CODE , WHI CH REQUIRES THA T
WOOD MEMBERS FORMI NG THE STRUCTURAl SU PPORT S Of BU ILDI NG, BAl CONIE S, PORCHES,
OR SIMI LAR APPUR TENANCES EXPOSED TO WEATHER WI THOUT AD EQUATE PROTECTI ON , AR E
TO BE CONS TRUCTED OF TREATED WOOD OR OF WOOD MATURAll Y RESIST AN T TO DECAY .
Board Metlber Seyt10ur se conded the ~t I on .
Th llttlber s locked fn th .t,. vot s, and gave t t r findings as follow :
M,.. Seyt10u,. said that he dt d not for s a prob l t f the cap/trl• wa s not of
t,.eated wood and voted •y s•.
Ms . G.ortt voted •yes• expre ss ing that tf t caps had to be repl ced other
co.ponents on the proj ct •lght al so be In QUestion .
Ms . Lighthall co..tnttd that th r wa a gray area, and roo. for Inter ·
pretatlon, but wanted to uphold th lu ldtng part .. nt 's O.Ctston , and
therefore voted •no•.
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Mr. Waldman voted for the appeal because he felt the applicant(s) appeared to
upholding the Uniform Building Code and showed good faith in providing a safe structure.
Chainaan Welker stated he voted for the appeal on the basts that this
co.ponent did not se .. to be a safety hazard, and that according to the code,
it was fair to say the cap was not a structural and supporting -..bar.
When the votes were displayed, the decision was 5 .ambers for the appeal, and
1 against the appeal; the Chainaan announced the request was granted.
PUILIC HEAIIII -CAS£ I 22-lt 4455 SOuth Elat1 Street
The Chainaan opened the public hearing for Case 122-89, explaining the request
is tn two parts: a vartance fro. Section 16-5-9F, and an appeal fro. Table SA
of the Untfon~ Building Code; stating the Board 1s authorized to grant or deny by Part 3, Section 60 of the Englewood Municipal Code.
The Chain~an stated the appeal would be addressed first.
Dorothy RCIII&ns
Planning ~inistrator
was sworn in for testt~ny. She explained the request was .. de by Bobby
D. S.fth on behalf of the property owner, Mrs. M. Rehor. Mrs . Rehor
would ltke to have a carport cover constructed on the south half of her froperty which would be one foot -two Inches (1'-2•) fro. the property
ine. The Unifon~ Building Code, for M-1 Carports, requires that the
exterior wall of 1 carport which Is less than three (3) feet fro. the
property ltne, be of 1-hour ftre-reststtve construction. The request Is an appeal fro. Table SA of the 1985 Untfon~ Building Code .
The second part of the request was a variance fro. Section 16 -5-9F of the
Co.prehenstve Zoning Ordinance, Stdeyard for Narrow lots, which section requires •tnt-stdeyard of three (3) feet .
Walter Crodttskt
Code ~fntstrator
stated that 1 strict application for M-1 Carports requires the one -hour
ftre -reststlve wall . He safd that regardless of Zoning approval , the
Bufldfng Otpart .. nt would require the necessary wall as protection fro. adjoining properties, should a ftre occur .
The Chatn~an asked the applicant to COli forward for testl~ny.
Ed Sulett
Pacesetter Corporation
was sworn fn for testt~ny . He addressed the Board by explatni, that he
was the contractor secured by Mr s. Rehor to construct the cover or the
carport . Several potnts re .. de such as the design, plac ... nt, and
.. tertals to be usld. For tht design, Mr . Sulett ~lttld for tht
Board 's r vt , a brochure . Discussion on th plac .. nt evolved around
tht col'* to be usld for the cover . Ht also •nttoned that tht carport cover would bt placid ov r an existing concrete pad.
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Hr. Sulett realized after exchanges with the Board that the appeal could
be rectified by 11aking the cover narrow to stay within the three (3) feet
fro. property requirement. He also said he would be willing to ~ve the
the supporting colu..ns one-foot rwo inches (1'-2") to meet the three (3) feet require~~ent for sideyard.
The Chai~n pointed out to Hr. Sulett that if these conditions were .. t, the variance and appeal would not be necessary
The Chai~n declared a five-•inute recess so that Hr. Sulett could converse with Walt Groditski of the Building Division.
The .. eting was reconvened with the sa .. persons present.
Mr. Sulett stated that he would have to discuss with Mrs. Rehor the
construction changes necessary to .. et the building and zoning require.ents, and chose at this ti~~e to withdraw the request(s).
BOARD MEMBER LIGHTHAll HADE A MOTION TO TABlE CASE 122-89 UNTil JANUARY, 1990.
BOARD MEMBER SEYfiXIR SECONDED THE MOTION
DII£CTOIS CHOICE
Mrs. Ro.ans introduced Becky Baker, the new Chief Building Inspector to the Board.
Since no cases had been received for the January ... ting, the Board was
infor.ed that a January ... ting would probably not be necessary.
The Board briefly discussed policies and procedures. They touched .-the
necessity of applicants betnt advised that when an appeal is valid, they have stx (6) .,..ths h1 _.fell to take actfon.
The second tt• pertained to the ~MC:essfty of infor.int appltcants of the
appeal process, and the tt• fr-of thfrty (30) days in _.fell a rehearfnt can be requested, provtdfnt there h new evfdence.
Mr. SeYIIOUr •tfonecf to adjourn the .. tfnt, and wished everyone a "'rry Chrfst..s and Happy Mew Y ar t!
Chail"'lln Welker seconded the •Uon .
The .. tint adjourned at 9 :30 p.•.
retary
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~LEASE NOTE: THESE MINUTES HAVE NOT BEEN APPROVED.
ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY
3333 So~th -Banaock --Eaglewoed,-t0 --80110
Staff Preaent:
Gueata/Viaitora:
MINUTES
Deceaber 13, 1989
Biradall, Breier, Chavez, Cloae, Green,
Hathaway, Oxaan, Shepherd, Toaooka
Steele, Wanuah
Douglaa, Hayea
Pat Crow, Pam Pepper
The reaular aeeting of the Englewood Downtown Development
Authority Board of Directora waa called to order by Chairman
Walt Toaooka at 12:07 p.a. He began by introducina Anna
Chavez and Loren Shep-her-d who would join the EDDA board
after beina aworn in by Enalewood'a City Clerk Pat Crow.
He aaked Ka. Chavez and Kr. Shepherd to give a brief intro-
duction of theaaelvea, with the foraer going firat. Ma.
Chavez, aa Svediah Medical Center'• director of aarketing
and planning, noted that ahe had coae to the hoapital in
February where ahe began in buaine ss operationa. She atate d
that ahe nov reports to Swedia-h CEO Nick Hilger. Mr. Shepherd,
an Englewood CPA, noted that he runs a small accountina
fira, havina firat coae to the city in 1966. After leavina
in 1978 to practice elaewhere, he returned to Englewood
in 198~ and atated that he alwaya haa been very intereated
in the downtown developaent of the city. With that, Chairaan
Toaooka noted that Mr. Shepherd haa long been a "aotivatina
force" in thia arena and proceeded to officially welcoae
both Ma. Chavez and Mr. Shepherd to the board. At thia
tiae, Ma. Crow officially awore in both aa new EDDA board
aeabera . All preaent applauded followina the cereaony.
Chairaan Toaooka then aotioned for approval of laat aonth'a
board ainutea to which Mr. Creen aoved and Mr. Oxaan aeconded .
Ma. Hathaway aaked to abatain aince ahe waa not preaent
at the aeetina in queation.
TREASURER'S REPORT
Chairaan Toaooka aaked Ma. Hayea about the budaet aa Jill
Pendl ton waa abaent . She noted that aa Hr. Pendleton
had predicted, we would not be receivina any further r venue
and that our budaet would be ahort approxiaately $27,000.
She noted, however, that the reaainin& budaet would be fine
and the t:DDA had requeued approxiaately $180,000 for the
1990 bud& t to •ake up for the loaa. Mr. Shepherd aaked
about th e reaaon for the ahortfall that haa occurred to
which Chairaan Toeooka repli d it waa aainly du to tax
credit& and abueaeota. the latter then aotionecl for approvel
of the treaeurer • e leport to vhlc:h He. Hathewe y aov c1 ead
Ma. lreier aeconded •
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December 13, 1989
Paae Two
CHAIRMAN'S -REPGRT
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Chairman Tomooka noted that officially he had no report
this time, except to again welcome Ms. Chavez and Mr. Shepherd
to the board.
DIRECTOR'S -REPGRT
Happy Holidays in Enalevood
Ms . Hayes reported that the program went very well, though
she had concerns shortly before the Plaza program when it
appeared that there would be low attendance for the 4:00
p.m. event; she was quick to add that she was pleasantly
surprised, however, by the crowd that began appearing just
in time for the event 1 a a tart-up I Ks. Hayes said that
singing by the Sweet Adeline& lasted al•oat an hour at
which time Mayor Susan Van Dyke prepared the crowd for
the lighting of the Plaza'• light-tree. She noted that
Mayor Van Dyke cleverly asked for the audience to imagine
that the holiday pencils that EDDA had distributed were
magic wands to be waved in order to auto•atically light
the tree.
Ms. Haye s noted that though initially, in the week s of
the tree's preparation, there had been electrical problems
with the tree, the lighting went off very well and a "atunning"
tree resulted. In reference to the prior concern s , Ms.
Haye s s tated that Evergreen Specialties, who had supplied
th e "light -tr e e," wa a v e r y apologetic and had s ought to
r eme dy th e si tu a tion; s h e a dd e d th a t Ci t y o f Englew o od p e r -
so nn e l, l e d b y Ji• Kav i n aky , p a rk a s up e r i nt e nd e nt, h a d ma d e
n ee d e d a d j u s t me nt s and we r e t o b e comme nd e d f o r their ef f o rt s .
Ms . Ha y es n o t e d that a l e tt e r of cong r a t u lat io n s wou ld b e
se nt t o Ci t y Manage r R oge r Fra ser , Mayo r Van Dy k e , a nd
th e Ci t y Cou n ci l t o comme n d hem f or th Ci t y 's f i n e effo rt s
in connec t ion with t he holiday program .
Sh proceeded to not that following the Plaza p ortion of
th vent , a small group or carol ra w re led by Hr . and
Hra . Santa Cl1ua, Rocky the Elf, 1nd th Sw tAd lfn a,
to sin their way ov r to Trolly Squ1re and w r jo ned
by 1 nu•b r of others who cam ov r 1nd1vJdu•lly. At Trolley
Square , they w r met by the Dickens Carolers and v ndors
a llina crafts 1nd bak d goods . H • Hay 1 not d a good
at tendanc at Tr<>ll y Square . R ardin h EDDA art cont at,
in which nal wood school childr n'a dr•win a have be n dis-
play d at Troll y Squar , Ms . Kayes added that she has
njoy d callina th winners and thl th ngl woodS ntin 1
will be publicizing th winn r 's naa 1 and th ir pria •·
Sh 1u11med up that eh was pl 11 cl ov rail and th1t th
holiday vents oulcl w 11 b co• a tradition in nalewood •
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December 13, 1989
Page Three
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At this point she asked Hr. Close, who had helped with
the sound system, his feedback to which he replied that
all had gone "very, very smoothly." He made the suggestion
of having a aap publicized in the future that would outline
the parking areas to better direct all coming to participate
in the activities, and then went on to coaaend Ms. Hayes
and her staff for a job very well done. Mr. Close also
noted how iapressed he was with Mr. and Mrs. Claus; Ms.
Hayes assured Chairaan Tomooka and him that efforts would
be made in the future to again secure their services . Hr .
Shepherd noted that he and his wife were present at the
Plaza and were impressed overall, with the exception of
having to find the best spot to most effectively hear the
Sweet Adelines.
Ms. Haye s then asked Ms. Hathaway who had helped with EDDA
efforts at Trolley Square what she thought, to which she
noted that everything vent fine, except for most of the
crowd dissipating by 6:30 p.a., with the event officially
lasting until 7:00 p.a. Ms. Hayes confiraed that the time
to be alloted for next year's events vas already being
taken into consideration. Some discussion ensued on banner
publicity during the holidays, with the consensus being that
there would be even aore coverage planned for next year.
EDDA Holiday Reception
Ms . Haye s noted that the EDDA reception will be ho s ted
at Chairaan Toaooka's Stone Designs busine ss . She encouraged
everyone to attend and asked all to please RSVP. She also
aentioned that Chairaan Toaooka's wi fe, Hilda Toaooka, and
his assistant, Ci ndy, we re helping a great deal in the
party's pr paration.
EDOA Honora Hr a . Dorothy Roaans
Ha . Haye s reported that Mrs. Romans had b en honor d on
ov . 20 with a plaque and proclaaation for th 20 years
ah has devoted to the annual Englewood Parade . Chairman
Toaooka coaaend d Mrs . Roaana again at thla point .
1990 auda '
Ht. llayea r rt d that ah and Hr. P ndl ton would b
wor ln on th 1990 bud t toon and that ah dtdn' t anticipate
any chana 1 other than the rewording of a C w lin it ••·
Hr. Cr n as d about foraulatina a 1990 wor plan to tupport
th dollar ft ur a for each 11n it •· Ht. Hay • 1 r d
and ttk d all to r fer to an it • u ther down in h r
port ntJtl d, "19 0 prina/Suaaer Planntn ," in wh ich
th not d that th will b working on a aor foraal butin ••
plan. Hr. Cr en also r o•• nded that a task fore f
th or fou~ p opl b hot n froa th DDA board o work
on uda t and provid input b for Ha. Ray 1 pr a nu
it to th ntl board. Ms. Ray a re pond d hvora ly
and onclud d tbh portion by atatin that h 1a utt1n
toa th r a aynopeit of all th p~oj t a h hea wor d
n atnc th •• on oard n1n aonthl a o •
I • •
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•
MINUTES
Deceaber 13, 1989
Page Four
New EDDA Assistant
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Ha. Bayes noted that Mary Douglas's last day would be Dec.
lS and Ha. Hayes said ahe had received 4S applications
for the adainiatrative assistant position and that she had
narrowed it down to three strong candidates; the strongest
of the three, however, had taken another job offer shortly
before ahe was due to interview with Cregg Birdsall and
Mr. Green. She went on to say that after the latter two
interviewed the reaaining candidates, all decided to postpone
aelectina aoaeone just yet. Ms. Hayes stated that former
assistant Hargi Hiller is planning to return aa of Jan.
3 to te•porarily help out in the office aa Ha. Hayes continues the search.
1990 Sprina/Suamer Planning
Ha. Hayes jokingly related that one of her aerchanta asked
her if nov that the holiday project ia coaplete, doe s ahe
(Ma. Hayes) just "hang out until spring?" Ha. Hayes assured
everyone that ahe wouldn't be hanging out until spring and
said that she already would be attending a 4th of July
firework aeeting this evening. She said she also has been
in contact with the Denver Husiciana Association regarding
the au••er concert aeries and that the auaaer fair co••ittee
would beain aeeting in January. And, the 1990 buaineaa
aeainar schedule has already been planned with the Cha•ber
of Coa•erce. On ce aaain, a he reiterated that a he would
be presenting a 11ore foraal buaineaa plan to the board
aeabera in the week s ahead.
I
Urban Renewal Authority(URA)
Paa Pepper, econoaic developaent coordinator for the City
of Enalevood, represented the URA in director Rich Wanuah'e
absence and noted that the latter has been working on financial
re-atructurina of the UlA 'a bonds. She vent on to say
that oth~r UlA buaineaa included th~ office currently lo o in
for a n w t•nant for th vacant Buyer's Club. C atraan
Toaooka aek d about potential tenant candidate• for th buel -
neaa and aoae diacuaa1on naued. Sh not d thtt, in xplorln
various options, Hr. Wanuah tnd she recently had b n in
a "v ry positive" aeettna with five Coldw ll Bank r r pr -
aentativea and that if anyon had furth r questions, to
please conte t Hr. Wanuah •• th btet sour e for tnforaetton.
h concluded by etyin how •uch ah appr ciat a the ODA'e
int rest In th UlA' a a ear h for th luy r' a Club' a new tenancy • I • •
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MINUTES
December 13, 1989
Page Five
Other
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Ms. Pepper discussed potential joint marketing efforts with
the EDDA and the City of Englewood and stressed that she
feels the EDDA and the City of Englewood can work successfully
together; discussion of past "Buy Englewood" efforts ensue d.
It was noted that since Ms. Hayes has now been on the
job almost a year as EDDA executive director, she has some
good experience to bring to the task at hand; she added
that putt i ng together an EDDA Merchant Services Directory
would be one appropriate project she would like to investigate with Ms. Pepper.
Mention was made of working more with upcoming Farmer's
Markets to create better exposure for su rrounding downtown
business merchants, and Ms. Hayes confirmed that this would
be pursued further. The consensus was that more discu ssio n
of a "Bu y Englewood" campaign definitely would follow at the next board meeting .
BOARD MEMBER'S CHOICE
At this point, Chairma n Tomooka s tated that, especially for
newcomer Hs. Chavtu'a benefit, he would like to note how
far the EDDA ha a co•e in ita progreas si n ce its inception
about a decade ago, in ita development, and in the public'•
eye regarding ita function and role in the co•munity of
Enalewood . He elaborated ao•evhat , with other board •••hera,
auch aa Englewood native Ma. Hathaway, •akin& additional
co••enta to au pport hia view reaarding the EDDA'a poaitive
proareaaion. Ch air•an To•ooka atated that he ia pleaaed
that the EDDA ia •ora able to work vall with the City
of Enalevood and the City Council. He added that it '•
very aianificant to have the repreaentation of Cinderella
City with Hr. lirdaall follovina hia predaceaaora and nov
with Ha. Chave& following in her Svediah Hedical Center
predeceaaora' footatepa, and he then vent on to co••end
the atrona buaineaa and civic conaciouaneaa of the current
!DDA board •• be ina very i•preaaive. Ha. Crow noted a he,
too, waa i•preaaad with the proareee the !DDA haa ••de
and where it now atenda . Chair•an To•ooka then co••endad
Ha. Hayea •• be1na "heaven-aent" with all of her pro•otional
efforta on behalf of the EDDA. Brief diacuaaion followed
end then, •• there waa no other buaineaa, the •••tina adjourned at 1:16 P•••
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
December 20, 1989
The regular meeting of the Englewood liquor licensing Authority was called to
order by Chairman Styes at 7:34 p.m.
Present:
Absent:
Also present:
A quorum was present.
Such, Boardman, lunders, Styes
Wad de 11
Assistant City Attorney Grimm
Deputy City Clerk Ellis
* • • * *
MEMBER BOARDMAN MOVED, MEMBER SUCH SECONDED, TO APPROVE THE M1NUTES OF THE NOVEMBER 1, 1989 MEETING.
Ayes:
Nilys :
Abstilin:
Absent:
Motion cnrled.
Such, Boardman, lunders, Styes
None
None
Wilddell
* * * * *
MEMBER BOARDMAN MOVED, MEMBER LUNOERS SECONDED, TO APPROVE THE MINUTES OF THE NOVEMBER 15, 1989 MEETING.
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Boar~n. lunders, Styes
None
Such
Waddell
* * • * *
MEMBER LUNOERS MOVED, MEMBER SUCH SECONDED, TO APPROVE THE RENEWALS FOR
EAGLES, 3384 SOUTH BROADWAY AND SUPREME LIQUORS, 5112 SOUTH BROADWAY.
Ayes:
Nays :
Abshtn :
Absent:
Not ton carrtld.
Such, Boar~n. lunders, Styes
None
None
Waddell
* * * * *
The Authority received Offtcer Brad Johnson's Offense Report dated Dtc..O.r 6,
ltlt concerftlftl Hilda's dba ll tzz ard's LOUfttl, 4ll6 South BroadWay •
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Discussion ensued for the purpose of determining the need for a Show Cause
Hearing for Hilda's.
MEMBER BOARDMAN MOVED, MEMBER SUCH SECONDED, TO REQUIRE A SHOW CAUSE HEARING
FOR HILDA'S INC., DBA BLIZZARD'S LOUNGE, 4386 SOUTH BROADWAY, ON FEBRUARY 7,
1990 AT 8:00 P.M. FOR THE INCIDENT THAT OCCURRED ON DECEMBER 6, 1989.
Ayes:
Nays:
Such, Boardaan, Lunders, Styes
None
Abstain: None
Absent: Waddell
Motion carried.
* * • • *
Member Boardman advised the Authority that it was his understanding that M 0
Pharmacy, ZB95 South Broadway, had new owners. The Deputy City Clerk assured
the Authority she would check into it and advise them.
The ~eting adjourned at 8:01 p.M.
d 1 -~d Uk ie~Ai'11er' ·
* * * * *
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WATER AND SEWER BOARD
MINUTES
November 14, 1989
The meeting was called to order at 5:04 p.m.
Chairwoman Gulley declared a quorum present.
Mellbers present:
Mellbers absent:
Also present:
Fullerton, Gulley, Habenicht, Lay,
Neumann, Resley, Van Dyke, Van
Sciver
Kozacek
Stewart Fonda, Director of Utilities
Mike Woika, Utilities Manager
l. MINU'l'ES OF THE OCTOBER 10, 1989 MEETING.
The Enqlewood Water and Sewer Board Minutes of the October 10,
1989 •••tinq ware approved aa written.
Mr. Fullerton aoved1
Nr. Van Sci ver seconded z
Ayesz
Nays s
Na.bera absent s
Notion c arried.
To approve the October 10, 1989
ainutas.
Fullerton, Gulley, Habenicht, Lay,
Neumann, Rasley, Van Dyke, Van
Solver
None
Jtozaeek
2. KINO raDN IILL LIVII DATaD OCT. 5, 1119.
Mr. ronda cUacussed Mr. Lewia• letter on the atatua of al9ae
control in the North .... rvoir. He discussed tbe poaaibility
that the al9ae ia becc.int Mra tolerant ot COpper aultata. The
inatallation of a barrier curtain in the North .... rvoir vaa
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discussed which would subdivide the reservoir into two
compartments. This would shorten the hydraulic residence time in
the reservoir to minimize the algal growth.
3. LETTER FROM THE DEPARTMENT OF HEALTH DATED OCT. 16, 1989.
The Board discussed the letter received from the Department of
Health indicating that since June, 1989 Englewood has maintained
a safe bacteriological sampling record and that the City compiled
all provisions of the State regulations during the high
bacteriological levels in June.
4. THOMAS EGGERT STATEMENT DATED OCT. 5, 1989.
County Commissioner Thomas Eggert issued a statement regarding
the water supply and water issues in Arapahoe County along with
suggested changes. Mr. Fonda discussed the ramifications of Mr. Eggert's statement.
5. USER CHARGES FOR RESIDENTIAL WASTEWATER SERVICE.
The Board received of Wastewater User Charges of the front range
coaaunities in Colorado as reported by Bill McKee at the Colorado
Departaent of Health. Englewood rates are shown to be the second lowest on the chart.
6. RATE INCREASE.
Mr. Fonda discussed the proposed rate increase. The public
hearing will be Monday, Noveaber 20, 1989 at 7:30 p.a. The rate
increase will be in front of Council on Deceaber 4, 1989. Mr.
Fonda explained the cash flow situation that aake• the increase necessary.
10. WATER AND SEWER BOARD CHRISTMAS DINNER
The En9levood Water and Sever Board dinner will be held TUesday,
Oeceabar 19, 1919 at 5roo p.a. at the County Line Barbecue.
The aeetinq adjourned at 6:45 p.a.
Tha next Water and Sever Board aeetinq will be held Deceaber 19,
lt19 at 5zoo p.a. at County Line Barbecue.
.. •pecttully subaitted,
cathy 1Nrra9a
a.cordirMJ lacratary
•
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F ::{OM:
DA TE :
Leo e .,.,.,u ,·sc?y .of tttr·r ,-,c.,-,, lan .·,•y : l Jc•tll• W::v.-. f·c l l c £'m en
t-·e r ·::-.~.,:.r :.c·P. d ,*',r:nt .-r. r·e :.""'c.j ...... +? E =1 -.... lc-'1 iot t~ .... ~'.J.at·) 1~.
l 0 ?', C i .-:; c,,,··=l ' 'ni?F tt-ml?. .;ft _,. ::,:;;c uo;:!i_l~g ti·._
r·=-so:L>tl :Jr• "' "T!£'( '"'h o:; • .:::1 ::'!fL ' tt c :;:~r;r.;p ,·r· "I Ii! ill :l;t l" Of '"·E' f '11!>}
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t~\.1n.. A...;t; t .. ~c • .. t£ .. ,, .~h r:: l ~·r" e iT=-rt w· rr::. ft t o
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RESOLUTION ~0.
SERIES OF 1990
•
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A RESOLUTION ADOPTING THE OLD HIRE POLICE PEUSION PLAN DOCU~tENT,
DATED NOVEMBER 7, 1989, FOR ADMINISTRATION OF THE POLICE~~N'S
PENSIOU FUND.
WHEREAS, the Board of Trustees of the Englewood Policemen's
Pension Plan recommends adoption of the Plan Document; and
UHEREAS, City Council desires to adopt the Plan Document to
establish written procedures for the administration of the Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section l. The City Council of the City of Englewood
hereby approves and adopts the City of BDglewood -Police Peneion
Plan (Ae Reetated Effective January 1, 1990) [the •Plan•], dated
November 7, 1989. The terms of said Plan are incorporated herein
by this reference.
Section 2.
Pension Fund, the
hereby authorized
the Plan Document
The Board of Trustees of the Policemen's
City Manager, and the Director of Finance are
to administer the Policemen's Pension Fund per
as herein adopted.
Section 3. The Plan is subject to the Englewood Municipal
Code and Charter and Colorado State Statute 31-30-301, et seq,
and where any conflict exists, the Charter and Code and State
Statute shall supersede the Plan.
ADOPTED AND APPROVED this 15th day of January, 1990.
Attest: Susan Van Dyke, •tayor
Patricia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk tor the Cit) of Englewood,
Colorado, hereby certify the foregoing is a true copy ot
Resolution No. ____ , Series of 1990.
Patricia H. Crov I • •
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•
DATE
January 15, 1990
INITIATED IY
•
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COURCIL COKKURICATIOR
ACDDA ITa SUBJECT
11 (e)
Old Hire Police Pension board
Old Hire Police
Penaion Plan
Restete .. nt
STAR SOURCI Kar&aret Freeaan, Director of Finance
ISSUI/ACTIOII ROPOIKD
Adopt by Resolution the Old Hire Police Penaion Plan Doc~nt .
PUVIOOS COOIICIL ACTIOII
Approved on January I, 1990, on first readin&. the ordinance eatablishin& the Old
Hire Police Pension Plan providin& for adoption of the Plan docu.ent by resolution .
STAn AMLJIII
Aa vas subaitted laat week, the reatat.-nt of the Old Hire Police Pension plan has
been in draft and reviev for over one year . The ~rpoae of the restat.-nt ia to :
1. letter doc~nt all penaion provision& in order to adainister the plan as
conaistently as poaaible.
2 . Provide definitive interpretations of the penaion plan aa .. ndated by Colorado
State ~tatutes and the Currant Eft&levood Municipal Coda .
3. Provide technical clarifications of pension proviaiona .
4 . Provide !or npandina the penaion loard fr-three (3) to !lve (S) .. -.ra . The
current aha of the board ukea it dlC!lcult to convene -•tin&• when necauary .
S. C:O.,ly vlth Internal lavetNe Service raqulr ... nu for penaion plena (1nclud1na
pretax defar8ent of .-ploy•• contributions).
'n\a rutat ... nt of the penalon plan doea not chana• •"1 beneflta thet currently
axbt . It doea not cb&naa contribution ratea for the .-ployee or the City and lt
doee not cb&naa fo&'IMlla for calculation of the currant penalon benefltl . Tbe
purpoea of the raetat ... nt la to better adalnle tar the currant penalon provlslona .
Tbe plan r etat ~t hae bean reviewed and apprOYed by the City Attorney , the Old
Hire Pollee Panalon loard and by ..-bare of the plan . The ..,loyaa elected board
..-.rhea ravlawd raew:;at ... nt vlth currant plan ..,loy••• and "'-• concurrence
fr-the re for adoption of the plan rae tat t .
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The plan docu.ent was submitted for City Council's review with the January 8, 1990 Council packet .
FIIU.RCIAL
The adoption of the restate .. nt of the Pension Plan haa no financial i~act on the
City and .. .bar ·~loyaas. All contribution rates are to raaain aa r.urrant, penaion
benefits do not chana• and there ia no financial i~act to the Old Hire Police Penaion F und .
Thera will be a tax dafer..nt or tax savinas to the contributin& .. .bar -.ployaes
due to the •pick-up• or tax dafer..nt provision of the restated plan .
. '
D
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RESOLUTION NO.
SERIES OF 1990
•
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A RESOLUTION ADOPTING THE OLD HIRE POLICE PENSION PLAN DOCUMENT,
DATED NOVEMBER 7, 1989, FOR ADMINISTRATION OF THE POLICEMEN'S
PENSION FUND.
WHEREAS, the Board of Trustees of the Englewood Policemen's
Pension Plan recommends adoption of the Plan Document; and
WHEREAS, City Council desires to adopt the Plan Document to
establish written procedures for the administration of the Plan;
NOW, THEREFOR!, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1. The City Council of the City of Englewood
hereby approves and adopts the City of BDglewood -Police Pension
Plan (Aa Restated Bffecti .. January 1, 1990) [the •Plan•], dated
November 7, 1989. The terms of said Plan are incorporated herein
by this reference.
Section 2.
Pension Fund, the
hereby authorized
the Plan Document
The Board of Trustees of the Policemen's
City Manager, and the Director of Finance are
to administer the Policemen's Pension Fund per
as herein adopted.
Section 3. The Plan is subject to the Englewood Municipal
Code and Charter, and where any conflict exists, the Charter and
Code shall supersede the Plan.
ADOPTED AND APPROVED this 15th 4ay of January, 1990.
Attest:
Patricia H. Crov, City Clerk
I, Patricia H. Crov, City Clerk for the City of En9levood,
Colorado, hereby certify the foregoing is a true copy of
Resolution o. ____ , Series of 1990.
Patricia H. Crov I • •
DATE
January 15, 1990
IIUTIATED IY
STAFF SOU1CI
ISSUE/ACTION PlOPOSED
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COUNCIL COMMURICATIOM
ACDDA lTD
11 (b)
SUBJECT EURA Acquisition of
Firat National Bank
Property for Englewood Parkway.
Engle,ood Urban Renewal Authority
Richard S. Wanush, Executive Director of EURA
...
The EURA acquisition of a 21,267 square foot parcel of land fro• First National Bank
has been in condeanation proceedings since 1984 . Staff haa aade an offer of
$500,000 for aettle .. nt and tha offer waa accepted . We are requesting that the City D
Council approve the transfer of $337,830 to the EUIA to add to the $162,170 already
co.aitted ao that the transaction can be consu.aated.
PUVIOUI COOIICIL ACTIO.
The City Council haa adopted and approved Urban leneval Plans froa 1982 throu&h
1985 . These approvals peraitted the EUlA to axarciae ita eainant doaain authority
in carrying out the a~proved plans .
In January of 1919 , the EUIA presented the iaauaa surrounding thia proceeding in
study aaaaion and requested that the City Council authori&e up to $600,000 for the
aettl ... nt of thia case . Tha Council vaa reluctant to specify a nuaber alnce it
could influence neaotlations . Council did, however, pled&• ita support to any
reasonable aettl ... nt .
nur AMLtall
The IURA acquired use of a 21,267 square foot portion of the Firat Mational Bank
property for lft&levood Parkway and required turning lanea . (See attaChed aap .)
Tbla acquhitioo ellllinated 49 parking apecea Oft the Plnt .. tional Sank lot . While
the IURA aade uae of the land and en •inent cto.aln actloo vaa filed ln 1914, the
IUlA never acquired title to the property .
Tbe IUIA'a orlalnal int ntlon vas to atraifhtan ~~~ Place ao that the
interaectlon with South llatl Street would be .o¥ad further froa U.S . 215 . The City
Hall llte would then have en redeveloped and a MV Clcy Hall loute4l ebetlhere .
The land aade .vallable fr .. etrailhtenlng .... den Place would thee be tr ... d for
the land taken fr .. Fire atlonal lank .
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Subsequently, downtown developaent plans changed and discussions regarding the land
exchange were put on hold . With potentially large legal fees in a condemnation
proceeding, there was no .otivation to proceed .
We have recently reopened negotiations with Clevetrust, the party responsible for
following through on the conde.nation proceedinga . Since we could no longer
guarantee the City Hall site, a straight land exchange was out of the question .
Appraisals were done on both aides and ranged fro• ours of $315,000 to theirs of
approxiaately $1,200,000 . Because of costs of condemnation proceedings and the
uncertainty of the outco•e, Clevetrust and staff have agreed to a price of $500,000 .
Since the EURA has already deposited t he su. of $162 ,170 with the Court, an
additional $337,830 ia needed to consu.aate the deal . The EURA has no available
funds of its own, and is requesting that the City transfer $337,830 to the EURA .
Since we could not guarantee to Clevetrust that we would vacate the exiating City
Hall site within any given tt.& fr ... , we propoaed that any agree .. nt exclude any
language relating to a land trade . It was our feeling that any agree .. nt ahould be
final, without contingencies . It is difficult to anticipate probleas that aay ariae
over ti .. so it is generally wise to co-. to a conclusion . Also, if the City did
decide to relocate and aake the land available for develo~nt there would be 80re
land .
Clevetrust responded by saying that they wanted •exchange• language in the agree .. nt
that would give th .. an option to purchase an equivalent 880unt of City land if the
City Hall were to relocate . In addition, they would pay the s ... 880unt ($500,000)
we paid for their land •inua the coat of constructing a parking lot . We agreed to
forward thla proposal to Council if the cost of the parking lot were borne by the•.
They agreed .
I have already pointed out ao.e negative aspects to agreeing to •contingencies•.
There are a lao the following poaitive aspects :
1 . The agre ... nt is only for five years . It has a definite end .
...
2 . We would vacate a portion of tta.pden Place flrst , then transfer the land to
CleveTruat . Half of the vacation would revert to the City which would then
beco.e part of the approxlaately 21,267 square feet that would be aold .
3 . We will receive 80re -y for the land than 1f lt were sold at aarket
value . (Aaataing relatively stable land val~aea over the next Clve y au .)
4 . Moving the lnteraec tion at tta.pden Place and South llati Street further
north helpa •itlgate a current traffic probl ...
See Staff Analyaia .
JIJWICUL
n.. total coat of the propercy h UOO,OOO . Iince UU.170 ta avatleble fr•
IIllA . the City nee4a to tranefer $))7 ,no to the IIllA •
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.SOUTH 'ELAT I
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-, ·-.I ,.._" ......... J,.. ... . . ·~ r
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SOUTH CHEROKEE
' STRtET
,..
:r
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·STREET
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RESOLUTION NO.
Series of 1990
J
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A RESOLUTION AMENDING THE GENERAl FUND 1990 BUDGET.
WHEREAS, the City Council of the City of Englewood, Colorado, desires
to make funds available to the Englewood Urban Renewal Authority for the acquisition of those properties;
WHEREAS, the Englewood Urban Renewal Authority has negotiated the
purchase of certain property utilized for the i~rovements to streets in the Urban Renewal area and;
WHEREAS, these properties will be deeded to the City of Englewood;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Colorado, as follows:
Section 1. The following transfer of funds is hereby .ade fro. the General Fund to the Englewood Urban Renewal Authority Fund:
Source of Funds
General Fund Fund Balance $338,000
$338,000
Section Z. The City Manager and Director of Finance are hereby
authorized to .ake the above changes to the 1990 Budget of the City of Englewood.
ADOPTED AND APPROVED this 15th day of January, 1990.
Susan Van Dyke, Mayor
thy Clerk
I, Patricia H. Crow, C1ty Clerk of the City of Englewood, Colorado,
do hereby cerUfy that the above and foretOing h a true, accurate and
CCJIIPlete copy of Resolution No. _, Series of 1990.
Patricia A. Crow
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RESOLUTION NO. _!j_
SERIES OF 1990
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A RESOLUTION OPPOSING H.B. 1152, CONCERNING LAND DEVELOPMENT CHARGES.
WHEREAs, the City of Englewood con•idar• the iaplaaantation of
land davalopaant charge• to be a aattar of local concern, not •tate concern, and
WHEREAs, there i• no •tatewide unifora co•t attributable to
individual local juri•diction'• co•t to con•truct their utility •Y•t-•, and
WHEREAs, local long-range planning effort• would be negatively
iapacted by a ra•triction on over•izing utilitiea to plan for future growth, and
WHEREAs, the City of Englewood believe• that growth ebould pay it• own way,
HOW, THER!:POU, U IT RESOLVED BY Till: CITY OF ENGLEWOOD CITY COUlfCIL, THAT:
Sac;tion 1. The Zn9l&Wood City Council oppoaea any intrudon upon
local govarrmant intaraat• through •tate laqblation upon davalop.ant charge• and/or f ....
le;tiqn 2. Tba Enqlawood City Council ancoura9•• our leqi•lativa rapraaantativ .. to actively oppoae 8.8. 1152.
ADOPT!:D AIID APPROVJ:D the 15th clay of January, litO.
Mayor
Atte•t:
Patricia H. Crow, city Clark
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Colorado Chapter
i\PACOLORADO
APACOLORADO
A M ERIC AN PLANNING A SS OCIATION
D~e m ber 20, 1989
Hr. Duane Searles
Executive Di recto r
Colorado Assoc ia t io n of Ho mebu il der s
5 840 East Ev a n s, Sui te 300
Den v er, Colorado 80222
Dear Hr. Searles:
Thank you for send1ng APAColorado a more current draft of the
Land De velopment Char9e le91slat1on Whlch the Homebullders lntend
to introduce dur1n9 the 1990 sess1on of the Colorado General
Assembly. I hope that you have no w had a chance to rev1ew the
APA position paper on Impact Fees which I enclosed with my last correspondence.
We appreciate the chan9es you have made to distin9u1sh your b1ll
from the le9islation which was recently enacted by Texas and
Nevada. Hore speclfically, the elim1nat1on o f a short list of
eli91ble lmprovenents in favor of a 9eneral definition of capltal
fac1lit1es for wh1ch char9es nay be lev1ed is a chan9e tor the
better. Likewise, the ellmination of the requirement that fees
be collected within a $pecific number of years after collection
is also an lmprovement from the standpoint of effective plann1n9.
Those chan;es address two of the specific concerns outlined in ay prev1ous letter.
However, the proposed le9islat1on still does not add=ess the
remainin9 two polnts which I and the APA Le9islative Coaaittee
have raised. Those two points were.
The lack of any evtdence that impact tee powers are
currently be n9 abused n Colorado. We are not
convinced that the levels ot current iapact tees are a
problea without evidence that they exceed the local
90vernaents " true costs ot providin9 facilities and
connections. Please provide us such evidence if you
are aware of any.
The fact that the bill would create new lialts on the
options ot Colorado's hoae rule ;overnaents,
c\o 1290 S Public ~ood
Lafayette. CO 80026
(303) l>M-5588
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O•r roviow of <h• Propo•ed bill •l•o roi•o• •omo now concorna
Obo•< <he bill. In aoction 29-1-702, it neoda to be clorttiod
thot Which copttol factlltios oro nocosst<otod by now dovolopoont
is a ••ostton to bo dotormtnod by the loco1 9ovorntn9 body. Hore
spociticolly, it noods to bo clorttiod thot ••ch toctllties can
include both on-site and Off-site facilities. In section
29-1-703, wo •••••o <hat tho Phroae -othorwtso a•thortrod by lav•
•o•ld incl•do oll char9es not orproaaly Prohtbitod to homo r•le
governments. Ho•e rule governments should not have to defend
<hoir <hor9oa •• boin9 orpltcitly a•thortrod olsowhoro. Ho oro
olao conrornod obo•t sortton 29-1-705, Whirh limit• char9es to "th~ amount deterained by dividing the cost of the new or
orpandod ropitol tocility by tho totol n•obor ot servtco •ntto.•
It aorvico •nt<a roq•trod to sorvico nov dovolopoont aro •ore
expensive than serv1ce units needed to supply existing
dovolopoon<, <hoao odditionol co,,, •ho•ld bo char9ooble <o neo dev~lopeent. The three m11e li~ltat!on o~ road ana st=ee~
dovolopoon< chor••• in •••<ton 29-1-707 '' •l•o •naccop<•ole. In
cert3 ln cases, ~•Jor developments Wlll have a clear lmpact on
rood tac>l><iea t•r<hor away <han <hree O>loa. It <he >mpact ran be docuaented, !he charges should be aut~or1zed.
For <hoao and Othor rooaon,, wo Will be oppos1n9 Yo•r Propoood leg1slat1on.
I oophoatro tho< o•r oppooition '' booed only in Port on tho
detailed questions ra1sed above. Our more fundaaental
diao9roooent coooo troo cho toe< <hot Yo•r bill wo•ld norrov tho
powero ot homo r•l• 90vornoonta W><ho•t ony coopo111n9 ovidenco
that the current svstee is be1ng abused or is resultlng in
ln)ust1ce. In short, we do not bel1eve your bill addresses a
"probloo• •h•ch roq•troo l••>•loc•vo >n<ervon<>on ot thto <ioo.
Un<•l thoro '' •<ron9 ov•donco ot •b•••· •• believo tho< ottorco
co lin>< iopoc< too, roolly o•o•n< <o o =•••Iromonc Choc loco1 gov~rn ents mak~ ex1st1ng resldents lndlrectly suos1d1:e new
Pr>va,, dovolopoen<. Wo bol>ovo Choc cho>co •ho•ld be lotc •• co
Cho locol 9ovornoonc, involvod, ond •• •>11 oppooo billo Vhich aandate SUCh SUbSidies,
cc , foa Peterson
Don Elliott
Debra Kaufaann
H1ke Huqhtl
Sincerely,
~6'-.-.
Brent Bean,
Presldtnt
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RESOLUTION NO.
SERIES OF 1990
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A RESOLUTION OPPOSING H.B. 1007, CONCERNING URBAN RENEWAL AUTHORITIES.
WHEREAS, Urban Renewal Authorities have been a mechanism for
municipal governaents to develop creative and practical tools for
economic developaent within Colorado municipalities, and
WHEREAS, the Englewood Urban Renewal Authority has developed
property in downtown EngleworJd that has benefited its citizens as
as its business co .. unity by providing greater retail options and
upgrading property values, and
well
WHEREAS, Colorado Revised Statute currently requires approval of
redevelopaent plans by the representative City Council or Town Board
of Trustees, and
WHEREAS, redevelopaent plans aust identify and include any
property that aay be subject to eainent doaain procedures within the
Urban Renewal Authority area, and
WHEREAS, the general public affected by an Urban Renewal
Authority represented are also represented by elected aunicipal
officials and are, therefore , not without representation, and
WHEREAS, the publ ic c:urr.ntly MY voice their approval or
dieapproval of an urban reneuel a uthority's creation through the
aunicipal public hearing proceee, and
WHEREAS, H.B. 1007 would fr.,..nt the citi&en input procees
through a coaplicated approva l process involving a aultitude of
geographically-overlapping local entiti .. , and
WHEREAS, H.a. 1007 will aake it substantially aore difficult for
local officials to plan and t.pleaent locally-developed econoaic
developaent plans, and
WHEREAS, Urban Renewal Authorities are currently required to
obtain fora•l .unicipal approval of redevelope.nt plans including
proposed takings by eainent do.ain, and
WHEREAS, H.a. 1007 provision• on eainent doaain conflict with
existing statutes and could effectively eliainate the use of eainent
doaain f~r Urban Renewal Authority purposes,
NOW, TlURIP'OU, 81 IT USOLVID BY TO CITY OP IJIGt&WOOD CITY
COONCIL, THAT:
Section 1. The Enqlevood City Council believes H.a. 1007 would
effectively destroy the Urban Renewal Authority procese •
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VERBATIM AGENDA ITEM 12B ~GARDING H.B.1007 -COUNCIL JANUARY 15,
1990
FRASER: MAYOR, A ftCOND ITEM WHICH IS SCHEDULED TO BE HEARD IN
COMMITTEE, I THINK TOMORROW MORNING IS H.B. 1007 CON-
CERNING URBAN RENEWAL AUTHORITIES. I HAVE WORKED WITH
LINDA TO DRAFT A RESOWTION CONCERNING THIS PROPOSED
LEGISLATION AS WELL, AND I 1 LL BE THE FIRST TO CONCEDE
THAT THERE 1 S LIKELY TO BE LESS UNANINIMITY ON THE PART
OF COUNCIL CONCERNING THE STATEMENTS THAT ARE CON-
TAINED IN THIS RESOWTION. YET, WE SHARE SIMILAR
CONCERNS ABOUT THE PROPOSALS REGARDING URBAN RENEWAL
AUTHORITIES AND THE DAMAGE THIS PARTICULAR LEGISLATION
WOULD DO TO CITIES 1 ABILITIES TO AFFECT POSITIVE IM-
PROVEMENTS WITHIN THE COMMUNITY. THIS IS BASICALLY A
BILL THAT IS SPONSORED BY SCHOOL DISTRICT INTERESTS,
IT IS AN EFFORT ON THEIR PART TO PREVEMT INTRUSIONS
INTO WHAT THEY SEE AS THEIR PREDOMINENT REVENUE BASE
WHICH IS PROPERTY TAX. THE BILL ON TAX INCREMENT
FINANCING AND URBAN RENEWAL LEGISLATION WAS AMENDED
TWO YEARS AGO TO PROVIDE A MUCH GREATER ROLE FOR
SCHOOL DISTRICTS IN THE CONSIDERATION OF URBAN RENEWAL
PLANS. WE BELIEVE THAT SINCE THAT LEGISLATION HAS
PASSED THERE HAS BEEN NO JUSTIFICATION DEMONSTRATED
AlfYWHERE FOR AN ADDITIONAL BILL AS EXTENSIVE AS THIS
OIQ PURPORTS TO BE. WE'RE QUITE CONC!Rif!D ABOUT THIS
BILL FEELIJIG THAT DISPITE SOliE OP THE UPS AND DOWNS
THAT WE EXPERIENCE TRYING TO WORJt THROUGH OUR OWN RE-
IfnAL EFFORT, THE FACT OF THE MATTER IS THAT WE WOUND
UP WITH A noJECT THAT HAS BEEN A GREAT II!Jf!FI T TO THE
CITY, AND WHAT THIS BILL WOULD DO IN OUR OPI IOII IS TO
MAD THAT PllOCU8 DIFFICOLT I MORE DIFFICULT I IF NOT
DIPOSSIBLE TO CUIPLETB BECAUSE IT WOULD REQUIRE UNA-
NDCITY IN THE THIJIIt.ING OF SCHOOL DISTRICTS AND OTHERS
IN TRYING TO GET tJilBAN RENEWAL PROJECTS COMPLETED.
HATHAWAY: YOUR HOIIOR, I S EDI TO RECALL BACJC WHEN WE S TARTED I NTO
OUR tJilBAN RENEWAL PROCESS THAT ONE OF THE THINGS THE
CITY ACTIVELY SOOGHT WAS A LETTER FROM THE CUJUtDT, AT
THAT TIKI 1 SCHOOL 80AJtD STATI NG THAT THEY WOULD AG REE
TO HAVE THAT P'ROPDTY T AX FROZEN FOR THE TDCE OF THE
ORA . WAS THAT SOICZ'l'H ING THAT WAS REQUIRED, OR WAS
THAT IOIIE'nJING THAT WE JUST DI D AS A IIUJf iCI PALITY?
FRASIRI THE LEGIS LATION DIDN 'T REQUIRE IT AT THE TIME YOO WENT
THitOUGH THAT PltOCUS. THAT LEGIS LATION WAS PAS SED I N
17. ACTU ALLY THE II LEGISLATIVE SUSIOII , AN D THE AC-
TIOIII THAT THIS CITY TOOit IN AN EFFORT TO WOU
'l'OG!ftD wrnt THE SOIOOL DISTRICT PU ~TED ALL OF
TROll EFFORTS.
KATRA AY ; I THAT PER THAT 1911 LEGIS LATION?
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FRASER: SOMETHING ALONG THOSE LINES IS REQUIRED TODAY.
HATHAWAY: SO IN OTHER WORDS, WE DID SOMETHING THAT WAS PRE-LAW.
IN ESSENCE, IT WORKED OUT RATHER WELL FOR BOTH OF US,
FROM WHAT I CAN TELL. I DON'T KNOW THAT THAT COULDN'T
HAPPEN TO ANOTHER MUNICIPALITY WITH OR WITHOUT THIS
BILL.
BULLOCK: YOUR HONOR, ADDRESSING RITA'S CONCERN. THE ONLY THING
THAT IS COVERED IN STATUTE AS FAR AS CONTROLLING TAXA-
TION OF THE AUTHORITY IS THE LENTH OF TIME A TAX CAN
BE IMPOSED WHICH, I BELIEVE, IS 25 YEARS, WHICH IN OUR
CASE WOULD BE UP TO 2007. AND ONE COMMENT THAT I'D
LIKE TO MAKE, YOU KNOW, I AGREE WITH THE CITY MANAGER,
IT 1 S ABSOLUTELY CRITICAL THAT THE EURA MAINTAIN ITS
POWERS OF EMINENT DOMAIN, SPECIFICALLY THE CONDEMNA-
TION POWERS, TO BE EFFECTIVE. AND THIS JUST ADDS AN-
OTHER LAYER OF BUREAUCRACY.
VAN DYKE: TIM, WOULD YOU PLEASE SPONSOR THIS RESOLUTION?
BULLOCK: YES, IF I KNOW HOW TO DO IT. CLERK, PLEASE READ THE
BILL . READ THE RESOLUTION AND ASSIGN I T A NUMBER.
CLERK: READS RESO 6 BY TITLE.
BULLOCK: I MOVE THE BILL -THE RESOLUTION.
HATHAWAY: SECOND.
CLAYTON: YOUR HONOR, I SHARE SOliE OF WHAT ROGER SAID. I THINK
ENGLEWOOD HAS HAD A RATHER UNIQUE SITUATION. WE DID
HAVE SOliE COOPERATION WITH OUR SCHOOL DISTRICT, AND WE
DO HAVE A BEAUTIPVL RENOVATED DRY CREEK AREA. WE ALSO
HAVE AN URBAN RENEWAL AUTHORITY THAT IS ON THE VERG E
OF BANKRUPTCY, AND WE HAVE A CURREIIT DISPUTE ABOUT
WHO 1 S GOING TO ABSORB THE LO S S IN TAX ABATDIDITS -I S
THE CITY TO ABSORB IT? OR II THE URBAN RENEWAL AU-
THORITY ? AND THE URBAN RENEWAL AUTHORITY IS WILLING
TO S PEND LEGAL FEES TO SUE SO WE CAN CAN DECIDE WHO
GETS THE TAX MONIES FliiOII THE CITY OF ENGLEWOOD. MY
OVERRIDING CONCERN IS SIMPLY THAT OUR SCHOOL SYSTEM IS
SUPPORTED AT THIS RATE SUBSTANTIALLY BY PROPERTY TAX
AND KEI:P COMPLAINING ABOUT PEOPLE LI SWEDISH
HOSPITAL AND OTHER NON-PROFITS THAT DON'T PAY PROPERTY
TAXES AND DON'T SUPPORT OUR SCHOOL SYSTEM, AND YET WE
SEEM TO BE WILLING TO GIVE OUR URBAN R.EHEWAL AUTHORITY
THE AUTHORITY TO DO THE lAME THING WITHOUT ANY ELECTED
REPIU:IINTATIOII. SO MY OVERJtiDI NG CO NCERN IS FRANKLY
THAT TAX DOLLAJtS SHOULD U SPENT BY ELECTED REPIU:IP-
TATIVU. AlfO IT THIIflt THAT AlfYTRtiiG THAT CAN DO TO
ACHIEVI THAT OI.TICTI.VE, OUGHT TO DO. Alf D I THINK
THIS TYP or LIGIILATIOII IIOVU US CIDIER TO THAT. I
DON'T THIQ THIS IT IIIPO IIILE TO IIAVI A tJRIAM
REN AL AU'l'IIO ITY, I THI IT JUST IT MO
REIPONSIILE IY IPI AUTIIO ITY IN TH IWfDI OP
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ELECTED REPRESENTATIVES TO ADMINISTER OUR TAX DOLLARS.
I EXPECT THAT H.B.l007 MAY UNDERGO SOME CHANGES BEFORE
IT PASSES, IF IT PASSES. BUT I WOULD URGE THAT WE NOT
PASS THIS RESOLUTION AT THIS TIME AND CONSIDER WATCH-
ING THE PROGRESS OF THE BILL TO SEE WHAT IF ANY CHANG-
ES COME AU>NG. AND CONTINUE TO URGE THAT TAX DOLLARS
BE SPENT BY ELECTED REPRESENTATIVES NOT APPOINTED AU-
TONOMOUS BODIES.
BULLOCK: YES, YOUR HONOR, I'D LIKE TO POINT OUT TO MR. CLAYTON
THAT THERE IS ONE MUNICIPAL ELECTED OFFICIAL ON THE
BOARD, THERE ARE SEVERAL COMMUNITY REPRESENTATIVES
THAT ARE APPOINTED ON THE BOARD, AND I'D SUGGEST THAT
THOSE PEOPLE WOULD REFLECT AS WELL AS A SOLIDLY ELEC-
TED BOARD ANY POINT OF VIEW THAT HE MIGHT BE CONCERNED
ABOUT. I 1 D LIKE TO STATE THAT THE MEASURE CONSTITUTES
A SERIOUS INTRUSION INTO LOCAL AFFAIRS, AND THAT IF IT
WERE PASSED IT WOULD, IN MY VIEW , BASICALLY RENDER
INEFFECTIVE THE REASON FOR THE BOARD. ALSO THERE IS A
QUESTION OF HOME RULE INTRUS I ON. DO WE WANT TO HOP ON
THE BAND WAGON OF STATE AUTHORITY INTERFERRING WITH
HOME RULE? I THINJC THE ANSWER HAS TO BE NO.
HATHAWAY : YOUR HONOR , AU>NG THOS E SAKE LINES THERE'S THE QUES-
TION, EVEN IN OUR OWN MUNICIPALITY OF WHETHER WE WANT
TO ASSUME THE DUTIES OF THE URA. WHICH WOULD MEAN WE
WOULD BE TECHNICALLY THE ELECTED OFFICIALS ASSUMING
THAT RESPONSIBILITY. I THINJC WE'VE KIND OF MAINTAINED
OVER THE LAST TWO YEARS EVEN IN MAltiNG U>ANS TO THE
URA FROM CITY MONEY THAT WE DO NEED TO REMAIN AS TWO
AUTONOIIOU S BODIES TO UEP I T ••••
BU LLOCIC : THE ARGUIIZNT THAT YOU MADE UPSTAIRS.
HATHAWA Y : PRECIS ELY , AND I AGRE E THAT ALTHOUGH THE EURA MIGHT
NOT 8E ELECTED, I T I S HOWEVER III'TERVIEWED BY THE COUN-
CIL, I T I S HOWEVER APPOINTID BY THE MAYOR , AND I TH I NK
IT IS PROBAB LY AS CU)SE TO WHATEVER WE CAN GET . IT IS
IIOT AS FAR AS I 'M CONCDII'ED S OME DISTANT AUTHORITY
SIMILAR TO IIA YU WHAT JITDC WILL TUJUI IJITO. IT 'S REGU-
LATED BY A 1DT JIOU CONTROLS THAN THOSE AU.
VAN DY
CLAYTON:
ALL RIGHT. LET'S HAVE A CONCWDIIIG POINT JIDE. BILL?
AND TIID ALEX.
YOUR HOIIOR, UNFORTUNATELY THE URBAN RElf"EWAL AUTHORITY
DOES IIOT SERVE AT THE PLEASURE OF COUNCIL, CAN'T
TAitE THOSE P'OLJtS OPP, OIICE WE'VE PUT THEM 011. ADDI-
TIOIIALLY, I THIIflt 'nlAT YOU 1 U RIGHT AT THIS POINT,
CDTAIIILY DOll' T WAJIT TO ASSUME THE PROBLDCS AND DEBT
THAT OUR APPOINTID BOARD H.AS GO'M'EII US INTO. DOll' T
WANT TO GO DOWN IN THAT HOLE. BUT, I THtltlt CERTAINLY
'RZ THE ONU THAT'I GOING TO HAVE TO T THE
POLITICAL BlAT FO AUTHORITY'S D CISIOIII.
'VE AI.aDDY T POLITICAL HIAT FOR IT. I THIJtlt
THAT' I TK1 or Ul AU ON COOIICI L II THE
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CITIZENS OF ENGLEWOOD'S GENERAL DISSATISFACTION WITH
THE FINANCIAL PROGRESS OF THE URBAN RENEWAL AUTHORITY,
AND I STILL BELIEVE THAT WE HAVE THE RESPONSIBILITY AS
ELECTED OFFICIALS TO ADMINSTER OUR TAX DOLLARS AND WE
ABDICATE THAT WHEN WE APPOINT A BOARD THAT WE CAN'T
CONTROL, THAT ACTS AUTONOMOUSLY. THANK YOU.
HABENICHT: YOUR HONOR, THE DISCUSSION HAS RAISED A QUESTION, AND
I ALSO HAVE A COMMENT. MY QUESTION IS, DOES THIS
BILL, IS IT RETROACTIVE IN ANY WAY? DOES IT AFFECT
OUR WHOLE URBAN RENEWAL AUTHORITY?
FRASER: NO, IT STRICTLY PROSPECTIVE.
HABENICHT: IT ONLY AFFECTS THE ESTABLISHMENT OF NEW AUTHORITIES ?
(CONCURRENCE) I TEND TO AGREE WITH BILL ON THIS ONE .
I HAVE A REAL CONCERN ABOUT THE ESTABLISHMENT OF AU-
THORITIES THAT HAVE THE ABILITY TO PASS AND TO SPEND
MONIES WITHOUT DIRECT ACCOUNTABILITY TO THE ELECTOR-
ATE. I THIN)( THAT WE, WHEN WE DO THAT, WE OPEN OUR-
SELVES TO ALL SORTS OF PROBLEMS. AND I THIN)( OVER THE
PAST WE'VE SEEN HOW SOME OF THOSE PROBLEMS HAVE
EVOLVED IN OTHER MUN I CIPALITIES AND THE JC:I NDS OF PROB-
LEMS THAT WE HAD. I AGREE WITH RITA THAT OUR C ITY
WAS, I THIN)( OUR CITY IS A MODEL, AND I THIN)( THAT
PERHAPS THERE ARE OTHER CITIES THAT MAY NOT HAVE
WORDD IN THE WAY WE DID BY WOOING SO CLOSELY WI TH
OUR SCHOOL DISTRICT AND OTHER ENTITIES. THERE IS AN-
OTHER BILL THAT WE 1 LL BE DISCUSSING AT A LATER POINT
THAT HAS TO DO WITH A VERY SIMILAR ISSUE , SIMILAR I S-
SUE THAT WILL H COKING UP IN TERJCS OF THE TRANSPORA-
TION AUTHORITY AND SOliE OF THE NEW WRIN IQZS THAT HAVE
HEN PLACED I NTO THOSE, THAT BILL WHICH HAVE TO DO
WITH AN APPOI NTE D COMMISSION OR AUTHORITY, TAXING TH E
RES PON SI BILITY FOR RAISING AND SPENDING PU BLIC FUN DS.
FOR THAT REASON, I SUPPORT BILL 'S POSITION , AN D I'LL
HAVE TO VOTE AGAI NST THIS RESOLUTION.
VAN DYJCE: OD Y, HP'ORE WE VOTE, I'M GOING TO MAD A STATEMENT.
IT'S INTERESTING HOW WE INTEND TO REIIIVDIT THE WHEEL,
OR HISTORY REPEATS ITSELF. I WOULD LIQ TO RIJIIND YOU
THAT IN THE 1970'S ALMOST THE ENTIRE CITY COUNCIL W
U:CALLZD HCAUII THEY WD.I IN CHAJtGI 0 DOING RE-
DEVELOPICDT Wl.THOUT AN UR.8AN RENEW AL AUTHORITY AND
PERHAPS DIDN'T DO THINGS ACCORDING TO THE WAY THE
CITIZENS FZLT THIY SHOULD BE DONE. THAT'S 0 POINT.
A SECOND POINT I I 'ftiiNJ( I p YOU L()OJ( ON TH RESOLUTION I
THE SECOND WHEREAS P'ROIC THE IIO'J.'TOM MIGHT ADDU8S TH
CO CIRN, THI MAJO COIICIRN THAT BILL HAS BROOGHT OUT.
UR.8AN RENEWAL AUTHOitiTIIS ARI CURRENTLY REQUIRED TO
OBTAIN FORMAL ICIPAL APPROVAL OP REDEVELOPKINT
PLANS INCWDING PllOPOSID TAXINGS BY I DOMAIN.
IN OTHD. , NOTHING CAN REALLY GIT P I D WITHOUT
APPROVAL 0 CITY COUliCIL IN THI FINAL ANALY IS.
THEU' I YOU. C A.lll) BALAJICI. AND T H THIRD AND
FINAL POI TO P Ill ITH TH ARG THAT TIM
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CLERIC:
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POTS 1 WE'RE TALICING ABOUT LOCAL POWERS BEING TAJCEN OUT
OF THE HANDS OF THE LOCAL GOVERNMENT. AND I ' LL STOP
THERE. PLEASE VOTE.
FOUR AYES 1 THREE NAYS. THOSE VOTING NAY: COUNCIL
IIDIBERS ICOLTAY I HABENICHT I AND CLAYTON.
VAN DYD: THE MOTION CARRIES.
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~ January 3, 1990
INr1'IIm!D BY City Attorney/Public ~rlcs
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StJJJK:'1' Soils
contaminated by
hazardous waste
'Dw need for thia a;r•-•t ui .. frca the Paving Dilltrict in the area of
2350 South Rariun . Soils in -.4 &re:iiUn4 the ait. haw been oont.ainated by
hi9h levels of lueS. "nW• lww been ind1peud1ut1y oanfu.d by the City••
CMt i.mlesti<)ation. 1tw soils were illiiJ&lly cont..tn.t.ed by a.cunt. ~.
Inc. in viol•ion of 9Ut8 Low. 1n ar:tt.r to pr:CICIMCS with the .u.t
con.ttruc:tion or othervi• cc:ntim. to the etnet, it ill nc1nuy to t..lke
al ion to nwtrali Mid~ -.4 &1110 to .woid at.atut.oc'y
lilbility, i.e. penalty.
A~ provision in the is tNit the Pllrti• lhall ~ ~
~-1tw City shall bUically lcp • WilY to ~ « treet the
wut• in an .wiCOI-itally eound , -.4 the a.wnu ~ flhall be
IIID!t'(Mid by the Colorado th.
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CR>DWa NO. smn:s (R' 1990--
A BILL FCR
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Ml CR>INNO ~ CDBNr 1IGRm4Drl' WI'Dl mE CXI.£IWlO IEPAR'Deft' CR
HBN.'DI CN mE~ ~n.s PCUI) AT 2350 9:VlH RARITAN.
~ • .oil8 in and around 2350 South raritan were found to be
ccnuminated by hi~ lewls of lead cllring the City's Paving District 33
project i and
}30J
~. the o:>loracb Department of Health wu notified by the City of
this ocnt..u.nation; and
~. the o:>loracb ~of llealth and City of Enqlewcod have
ca. to ~ agra a•t conoerning elftnUP of this site;
, ntfJG!KICI, • IT ~ BY '11tE CITlC <XXH:IL C6 '1'H! CITY C6
D«it..IIXD, a:t.atADO, 'ft~AT:
Section 1. 'ftw Q:>nMnt left I It t.t'wen the City of Jh)lwood an4 the
SUte Of o:>tondo, ~ of HMlth for el..-q» of the ~ site
at 2350 South lt.arit.a is twnby ~. a acpy of "'1eh A;r•••Jt ia
lltt:-=twd u Eld\ibit A.
Pl,t)liatwd u a till for 1n Ord1nlnoe on the day of J~, 1990 •
flitiiCii H. &OW, City Od
htiiCG •• C5W
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'!his cawent Algreemelat <•eaaat) is entered into by the Colorado
Depertlle\t of Hulth (CDI), pursuant to its authority under the Colorado
Hua.rdcus waste Act Sectioo 25-15-301 to 313, C.R.S. (1989) ~· and the
City of D19lewood (Di9lewood). CIII and EnglewiXld may be referred to
collectively u the Parties.
'ftw IIUtu&l cbjectives of CDf lnd Engl-..cocS in .mering into this
14r'aar-eae-.m:.at are:
1. To esublish ~ for the iiMtatiCJatioo of, Me! ~
ctioo for, the wute found oo lnd about public strMts near the fODIIer "-lt
Maot&ls P'IICili ty.
2. To esublish ~for the iJiipl~ioo of m inwstiCJatioo
Me! rwadial ctioo for the wute ocnsistent vith a..
l"DD)DQ; r:. ncr
CDt llolkM the followinq fi.ndi.np of filet:
l. 'ltw City of Dw)l41W004 is tniJI9ed in npair llld oanstl'\leticn of public
~ en ley .-.... near 2350 SOUth RadtMI St:.nft.
4. sols in llld about the~ _... hiNia ~ il:t.Jally ccnt.la1nat:e4
vith hi~ lewls of l...S. 'ftw eoils are a c:hariiCtedst.ic: huarckJus ~. 6
~ 1007-3, 1cn 2U.U.
5. All dK.ailed in CDt Oclllplt.noe Ordw 17-o5-26-0l, t.ncccpocatecl u
~.acn--.'t 1, the Us wre ll1119&lly ~ bf a-lt Mltals Inc. MCS *'· Willi• t.lll'i9. City of ... lWCIOCS is entil'ely tz. ffta faalt in
IWCIIaz'da to ing the ~icn.
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EXiLDOJD' 5 CCNSENT TO AGREEl£Nl'
Englewood agrees to the terms and conditions of this .Aqreenent. 'lhis
.Agreement shall constitute a requirement under Part 3 of the CHWA. Englewood
also agrees not to challenge CDH's authority to bring, or the court's
jurisdiction to hear, any action to enforce the terms of this .Aqreenent under
Section 25-15-308 of the CHHA.
SCXPE N1> EEnx:T CF 1tGREDifNl'
6. 'ft\is aqreenent shall be effective upon the date signed by the last
party.
1. "n'le Parties' obligatia'IS under this ~ut are limited to the
llllltters expressly stated in this A9reeaent or in approved subnissions required
hereunder.
8. CDR's approval of any subnission, standard, or action under this
Agleemeiat shall not constitute a defense to, nor an DC\1.Se for, any subsequent
violation of any requirer:ents of this ~t, the CllfA, or the iJil>lenentinq
regulations.
9. Elccept u specifically provided in the followinq parac;nph, upon the
effective date of this A9reement, the State of Colorado hereby releues the
COIMI'Iilnts not to sue ~lewood recJ&rdinq all matters arisinq rut of the
aforesaid oont.-dnation ~ any OCJIIIal law theory or state or fecieral
statutory provision.
10. ~ releue ed covenant not to sue dnc:ribed in the prec:edinq
paraqrllph shall not ipply:
a. to In'/ lillbility lhjl4MX)d r:wy t...vw arisinq fraa conditions that are
Ul'lbacMa to a:tt u of the effectiw date of this A9r~at, if such
conditions may poee an iJmlinent and subRcltial ~t to tuaan
hH.l th or the envi.roment;
b. if a:tt receives .ny rww inforution, in "*'ole or part after the
effectiw date of this A9r• • ant, ~c:h 1ndicat4td the ~al action
nqu..I.Ad wader this •••• at is not protectiw of human hHlth or
the~;
c. if l'.n9lwood f&1ls to oonCb:t the r-Oial ctian ~ wader this
AIJU-Itl or
d. to art Ulbllity tMt -.y ari• traa r.ng~•• IWIJli~ in
l*'foad..n9 the ~al ction ~ \nSw thia A9r• ••t1 or
e. to art liability adsinrJ rut of the tr-.pxtaticln, hMdlinq,
t.n.tll.-.t, stcr « dilpouJ of ...ua •-Pililid fral the facility
.,., ~ to be ..U.fettted u ~ w.te once thoee ..terial.s
ee~~Va"t.ed, pJIIIpll4 or othftvi.-naoue4 fral the facility.
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f. Englewood's failure to CX'I1l'lY with CHWA (statutes, regulations,) this
Agreement or any other applicable law.
ll. Englewood shall carply with any applicable federal, state or local
laws or regulations and obtain any necessary approvals or permits to oon<lx:t
the ren'edi.al activities required by this Agreenent.
LIMITATIOO OF LIABn.I'IY
ClH shall not be liable for any injuries or &mages to persons or
property resulting fran acts or anissions of Englewood, its officers,
e~~ployees, agents, successors or contractors in canying out activities
pursuant to this Al;reenent. CDH shall not be held out as a party to any
contract entered into by Englewood in carrying out activities pursuant to this
.1\qree!.eut. Nothing in this Agreenent shall constitute an express or ~lied
waiver of sowreiqn ir.mlnity otherwise applicable to CDH, its atployees,
agents or representatives.
12. Englewood shall sul:mi t to <DH work plan for approval. 'nle work plan
will detail steps Englewood will take to nm:~Ye or treat the waste in an
envirar.entally sound manner, in accordance with the Colorado Hazardous waste
Act and its re<JU].ations. CDH shall advise Englewood of its decision to
approve or disapprove the ....orlt plan. If <DH disapproves the work plan, CDH
shall include a state~~ent outlining the IIDdifications necessary for approval
and explaining -.by the nt:difications necessary for approval and explaining -.by
the IIDdifications are rwcessary. cn:e approved, the work plan shall be dealed
incorporated into this Agrearent.
13. ~1ithin 30 days of the effective ~te of this Af,jreemeut, the Parties
shall each designate a Project Coordinator. Elich Project Coordinator shall be
responsible for ooordi.natinq the ~eaentation of this Agreement. To the
extent possible, c:aml.ll'\i.cation bet\oleen the Parties and sul:lftission of reports,
.l~R>rov&ls and other oornspondence concerning the activities perfOIDWd
plr'SUant to this Agreement shall be directed through the Project Coordinators.
14. In ~le~~~enting the Work Plan, the Project Coordinators shall operate
by oonMnsus ~r pcuible. The Project Coordinator. shall at~ to
rHOlve di~~PUt" WODJIIIlly throi.J;h ditlcuaaions of the iswn.
SITE ACCESS »1:1 SN4PI.llG
CDH shall be pullit~ at %U80Nible tU.. to 0\MnM the work being
perfODII8d \ftitr this At!Jr•• •nt. CDH shall be pullitted to 1rwpec:t work sites,
operating loqe, r.oordlt lnCS contracts relating to this AIJr• 1 1 at and interviw
fcility penomel MIS oontr.:::ton perfoaainiJ work~ by this Afirl&&at.
CDH 'tllltf ooncU:t wry t:Hts neoeaaary to ensure OCIIplianoe with this At!Jru 1 at
and to verity the 4lata N:ai.t~ by !ncJlewood. 'ftw parti .. ah&ll notity MCh
othu of wry N111pl1"9 activiti" and pi'Ori~ aplit NIIPl .. '4XIft ~·
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REIMBlJRSE)lfNl' C£ RE'JIElof CD;TS
Enl;lewood shall rei.JTburse CDR for the oost of reviewinq sul:lllittals
required under this Aqreenent in accordance with the achedule established in 6
CCR 1007-3 Section 100.32. Payment is due 30 days after billing by
DepartJrent. SUch payments by Enl;lewood shall not oonsti tute an express or
inplied actnission that Enl;lewood has in any WlllY violated atwA or its
inplementing regulations. SUch am::~Wlts shall not exceed $2,000.00.
t«:71''CES
Unless otherwise specified, any report, notice or other OCIIIIIll\i.cation
required under the 119reenent shall be !!lent to:
PCR CDI:
Fredericlt R. Dc:Miett
Hazardous Materials of Wute
MIIMgallent Division
Colora&:~ DepartD8lt of Health
4201 East 11th Avenue
DerNer, Colora&:~ 80220
PCR J!2GBICXI':
Roger w. rruer, City IW\ager
City of Jn;l...aod
3400 South Elati Street
Enqlwcoc!, Colora&:~ 80110
'ftw parti• -..y, by IIUtual CCI\Mnt, JDti.fy thi• Al)rl& a 1t by witten
----w...s.&. .... ,~t.
RISDlVA'l"I(II Cl IWH1'S
CDI reaenn the ri~ to td"9 my action or to -* civil S*'Alti .. for
art pMt, ~ cc future violaUcna of ala MIS CDI ~ w.te
~at.icna in c:xnwction with the facility, aubject to the-.. ..
lillit.at.icn8 M't forth in tJw &oape Md Eft.c:t of Arill"• a It lleCtiGn (Par81Jl'apw
!. .nd 6 ineluaiw of aubpar~~~FIIl'Jha of this Al)ra 1t.
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NJDDUZATICII 'ro SIGN
'Dw undeni9Md warrant that they are llllthorized to legally bind their
respecnMII"ll ... ct~ive principals to this Ccnsent Aojreemelat. 'Ibis Consent hjreement rray
be exacuted on llllltiple ocunterpllrtS, each of Wlich shall be deentd an
original, but all of wuch shall be constitute!! one and the uma 60)l'HIIIellt.
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PllltlfJUCit R • DCMSE'l"1'
0\it LMder
Jtlnitoring lnd Enfon: IF I it
lluardcu8 MaterWs 11ate
~Division
IMD 1. m, liii-ib. Bifi
~~GsMnl
~ ...... cw t.ctJan
~ fcc' tM DlpW:twlt ~
IIMlth
1SH ...... ar-t, Jlod ~
DIMW, 001cndD 1020l
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.,. 1Jil007t5
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DRIB January 3, 1990
Dl1"l''ND!D Br City Attorney/Public Works
None
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SlBlJ!Cr Soils
contaminated by
hazardous waste
'ftw need for this ••-•t .ri8H frca the Paving District in the area of
2350 South Raritan. Soils in lnd around the site have t..\ aonuainaUCS by
high lewls of lueS. 'ftwae have bMn ilap.adautly ocnfu-c! by the City's
c:Ml imlontig.tion. 'ftw soils were Uleplly ~by~~.
Inc. in violation of sute t.w. In CX'dK to pc~ vith the etnet:
OOI'IItrUction or otlwlvi .. cont.U.. to UN the etnet:, it is .......-y to Ubi
~&1 -=tion to neutrali• NicS ~on and also to woic! atatut«y
lillbil i ty, i.e. penalty.
A key provision in the is that the plll'tHa lhall ..-k ~
ClOI1MI'ISUII. 'ftw City shall bMlcally c!llwlcp a~ to ~ ex a-t the
WMte in M envi~ly sound..._., lnd the ...._, ~ lhall be
~ by the Oolcndo of HNJ.th.
'Die oaet of this ..-k ia -.-..-to be .lO,OOO. 'Die tunda .. in the badlat
(Pwinq D1atrict 33). U ...:It 1a not dcllw, dw City 1a ~to a 0....
and Dtaift Clr'dllr foe of ...W lit th.l.a locatJcn ..s
IJ*IAlty of tiM .
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DEPAR'IMENr OF HEAL'n'l, STATE OF cx:LCIW)O
'lhis Coosent ~t (Agreement l is entered into by the Colorado
Department of Health (ali), pursuant to its authority under the Colorado
Hazardous Waste Act Sectioo 25-15-301 to 313, C.R.S. (1989) "QMA• and the
City of Englewood (Englewood). (l)H and Englewood may be referred to
collectively as the Parties.
'1he 111.1tual objectives of ali and Englewood in enteri.nq into thb
Agreerte 1t are:
1. To establish nqui.nnlnts for the invuti()atioo of, and ~al
-=tioo for, the wute found oo me! about public streets near the foxmer Raaelt
Metals Facility.
2. To ..ubliah requi~s for the i.q)l.-ntaioo of an invuti()atioo
and nmedial -=tioo for the \~~Ute CXlnsistent with OllfA.
<llH IIIBk.es the following findings of f-=t:
3. 'nw City of Dlgl.wood is ~ in npair me! oonst.r\x:tioo of public
~ oo Weslwy Awnue near 2350 South RAritan St.rwt.
4. Soils in me! .txM: the~ area hwe t..t illegally oantaai.naUd
with high l..,..ls of lud. 'Die soils are a c:h&racteristic h&aarlbls ....u. 6
OCR 1007-3, Sectton 261.22.
5. As ct.t&iled in <Dt ~li..,.,. ONIIr 87-o5-26-0l, incorporated u
Atuc~t 1, the soils .,... Ul.,ally ~by .._lt MK&ls Inc. mc1
,... wuu. 1.1\ric;r. "nw City of ~1~ is .m:irely rr. traa faalt in
I:WI)U'da to cawinc;r the oam:..ination.
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Englewood agrees to the terms and conditions of this .1\qreement. '!his
.Agreenent shall constitute a requirenent under Part 3 of the OIWA. Englewood
also agrees not to challenqe CDH's authority to bring, or the court's
jurisdiction to hear, any action to enforce the terms of this .1\qreement under
Section 25-15-308 of the QiWA.
6. '!his agreement shall be effective upon the date signed by the last
party.
7. 'nw Parties' obligations under this ~·t are limited to the
matters expressly stated in this Al;reemeiat or in approved sutmissions required
hereunder.
8. CilH's approval of any subnission, standard, or action under this
~·t shall not oonstitute a defense to, nor an~ for, any subsequent
violation of any requirements of this 1.g1eemelat, the ~. or the ~lenenting
requlations.
9. E:lccept as specifically provided in the following paragraph, upon the
effective date of this AigieeteJat, the State of Colorado hereby releases the
CXM!Nillts not to IIUe Dll;lewood reqardinc; all matters arisirq out of the
aforesaid oontalllination under any OCIIIIIOI'I law theory or state or federal
st-atutory provision.
10. 'nw releue and covenant not to sue &tscribed in the~
paragraph shall not IIFJPlY:
a. to my lilbility Enqlwcod aay ta.ve arisirq fraa ocnditions that are
unlcncM\ to alii u of the effective date of this A~Jr•••nt, if such
ocnditions may po8e an iJmlinent and 1\i)st.ant:ial ~t to luMn
health or the envi..romelt;
b. if CJlH r..ives my rww infomation, in lohole or part after the
effective tate of this ~at, 1111\ich indic«.ed the~ ~ion
r.qu.ired ~ thia •-•t is not protct.ive o f ta..\ hHlth or
the~;
c. if l!ngl4M:IOCS fails to ooncb:t: the ~al ~ion~~ thia
Ao!Jr• atJ or
d. to my lUbUity tNt -.y arise fraa Jln91Miood's necJli~ in
perfo.tainrJ the ~al ~ion ~ \n!K this A;rlk 1 itJ or
•· to my lilbUity arisirq out of the tran~~portaU.an, hlndlirq,
~~ ~ cr dt!llp"Ml of .-.1ala ~ fral the f.:Uity
11'4 ~ to be ..Uteet.d • haMnb» wRa cnoe t:hoee .-.1ala
hoWl '-n ~, p.llpd or ot!wNUe reowd fral the fcility.
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f. Engl~'s failure to ccrrply with OMA (statutes, regulations,) this
Agreement or any other applicable law.
11. Engl~ shall carply with any applicable federal, state or local
laws or regulations and obtain any necessary approvals or pei111i.ts to conduct
the renedial activities required by this Agreement.
LIMITATIOO OF LIABn.I'lY
CDH shall not be liable for any injuries or dalllages to persons or
property resulting fran acts or anissions of Englewood, its officers,
e11ployees, agents, successors or contractors in carryir.g out activities
pursuant to this ltg'reem!nt. CIIf shall not oo held out as a party to any
contract entered into by !))glewcod in carrying out activities p.1rsuant to this
Agreer:lent. Nothing in this Agree11eut shall constitute an express or iJTplied
waiver of sovereign ir.mlnity otherwise applicable to CDH, its C!llployees,
agents or representatives.
12. Englewood shall sut:mit to CDH work plan for approval. 'nle work plan
will &!tail stepe Englewood will take to n~~D~~e or treat the wute in an
envircr.::entally sound manner, in accordance with the Colorado Huarcbls Waste
1ct and its requlations. CDH shall advise Englewood of its <*:ision to
apprave or disapprove the worlt plan. If CIIf disapproves the worlt pbn, CDH
shall include a statsent outlining the modificatia\s neoeuary for lppC'OVal
and nplaininq Wlty the IIIOdificatiorw necessary for approval md explaining Wlty
the IIIOdifications are rwceuary. CR:e approwd, the -work plln shall be ~
incorporated into this 1<9reeent.
13. tlithin 30 days of the effective~· of this •-ut, the Parties
shall each dniqnate a Project Coordinator. Each Project Coordinatcr shall be
rnponsible for ooordinlltinq the ~.-ntation of this Alr;n&&it. 1b the
extent possible, oormun.ication I:JeoboiMn the Parties lnd sutaiuion of nporu,
approvals mother oorrespondlnce concerninq the activities perf~
pursuant to this Agreement L'Wl be directed through the Project Coord.inators.
14. In i.Jit:>lementinq the Pllll, the Project Coordinators Wll operate
by COI'UienSUS ~r possible. 'ftw Project Ooordinaton shall at~ to
rHOlve diiPUtel infortMJ.ly ~ diecuts ens of the awn.
SIT&
CDR shall be pe:mitted. at ~1• tbett to ovenee the wodt being
perfoz:nwd un4llr this A9'1'•• aat . CDR shall be pemitted to iMpec:t 'WOt1t sites,
operating 1()98, ~ INS oontrecta relatiniJ to thia A;r•••lllt .,.s intcviiiW
fiiCJ.Uty penonnel INS oontrac:ton l*"fODiint IIICdt ~by thia A9r••••t.
CJlH Wt6fJ CIOr'l(b::t MY ~s neceuary to lllS\IA OCllllplilllCe with thia •••••t
.,.s verity the data IIUtaitt.s by !nglMIOOd. on. perti• lh&ll notify -.::h
otJwr of any M1111pli"9 .c:tivit1• .,.S pl'O'Vidlt IPllt 1• ~ ~·
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EnqlftiOOd shall reillburse CDH for the oost of reviewinq sul:mittals
required under this h;Jreenent in aooordance with the schedule established in 6
OCR 1007-3 Section 100.32. Payment is due 30 days after billing by
llepartmmt. Such pay~~~mts by Enqlewood shall not oonsti tute an elepress or
inplied acinission that EnqlftiOOd has in any way violated CHWA or its
inplenenting regulations. SUch anomts shall not aceed $2,000.00.
ICl'ICES
Unless otherwise specified, any report, notice or other CXIIIIIJnicatioo
required Ul'lder the ~t shall be sent to:
PeR CDI:
F'redltrick R. DclwMtt
Hazardous Materials of Waste
Mi~Mgaaent Divisioo
Colorado ~ of Health
4201 Eut 11th Avwn.w
o.nv.r, Colorado 80220
PeR I!IG.lJIIXI):
Roger w. Fruer, City~
City of JnglMICOC!
3400 South !lati St.rwt
lnglewoc!, Colorado 80110
'ftw parti• -.y, by aJtual CD~Went, ~fy this ••-It by vritte ww:.t.at.
IIESIIl'VJG'I(JI r;:, RlGH!S
<DI ~ the ri9ft; to briniJ my tetion or to 8Mk civil S*'<.i• for
my PMt;, ~ « future violllt.lcrw of Cilia and <DI ~ ~
revulaUorw in OClmiiCtion with the facility, eubject to the ....-.
lillitat..i.ona 8et. forth in the 80ape and Effect of A9r1 I I It 8ectiaft (Piln9r111Jha
5 and 6 inclusive of S\ll:lpllregriiiJha of this ••-•t.
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AlmDUZM'ICII 'ro SIGN
'Dw undersigned warrant that they are authorized to leqally bind their
respective principals to this Ccnsent Agreeaeut. 'lhis Consent Agreeaent may
be executed oo llllltiple CXJUnterpllrts, each of lobich shall be deeDed an
original, but all of 1obich shall be constituted one and the ._ agreement.
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SUSMI VM DUE, Mayor
City of J!nql-.ood
nt'D!RICK R. IXMSF:rr
OUt LMdltr
M:lnitoring In! &lforcen.nt
IIUardcua Materials Wute
~Division
6iVib a. m, -..,. liS. Bi72
~ Attcawy a.nKal
llatural ~ a.ct.icn
~focthe~t1
IIMlth
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DEWITT:
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MAYOR AND MEMBERS OF CITY COUNCIL, THE LAST COUNCIL MEETING A PRO-
POSED BILL WAS TABLED FOR FURTHER REVIEW BY COUNCIL SINCE IT WAS
NOT ON THE LAST AGENDA, AT LEAST THE MATERIALS WEREN'T PROVIDED.
SINCE THAT TIME THEY WERE £-MAILED TO COUNCIL AND ALSO HAND DIS-
TRIBUTED. ARE THERE ANY QUESTIONS ON THE CONSENT AGREEMENT WITH
THE STATE HEALTH DEPARTMENT?
HATHAWAY: IS IT YOUR CONCERTED OPINION THAT IF WE WERE INDEED ISSU~D A CEASE
AND DESIST ORDER TO GET OUT OF THAT PARTICULAR THING, IT WOULD COST
US CONSIDERABLY MORE THAN $30,000?
DEWITI: YES, AND THAT RESULT WOULD BE THAT WE'D HAVE TO DO THE WORK. IN
THE END. THERE MY BE PENALTIES, CIVIL PENALTIES FOR FAILING TO
CCitPLY WITH M1 OBVIOUS NEED, AND IT WOULD COST MORE, YES.
HATHAWAY: fll. FRASER, IN, IT SAYS IN THE BACKGROUND MATERIALS, THAT THE
$30,000 IS COVERED IN PAVING DISTRICT NO. 33. WILL THAT IN ESSENSE
PUT THIS PAVING DISTRICT OVER BUDGET OR WILL IT STILL BE UNDERBUD-
GET FOR THE WHOLE PROJECT?
FRASER: GIVEN THE BID THAT WE GOT ON THE CONSTRUCTION OF THAT PROJECT IN
THE FIRST PLACE, WE HAVE THAT NOJNT OF MONEY IN THE DISTRICT WITH-
OUT IT GOING OVER THE BUDGET.
HATHAWAY: OKAY. YOUR HONOR, IF IT'S OKAY WI H YOU, I WOULD LIKE TO HAVE THE
CLERK READ COUNCIL BILL NO. 4.
CLERK: READS CCUICIL BILL NO . 4.
HATHAWAY: tiWES CCUICIL BILL NO. 4 .
CLAYTON: SECOID
VM DYKE : FURTH£R DISCUSSION? PlEASE VOTE.
CLERK: SEVEN AYES
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Englewood City Council Minutes
January 15, 1990 -Page 6
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VAN DYKE: I PUT OUT A MEMO I BELl EVE LAST WEDNESDAY THAT I SUSPECT MOST OF
YOU HAVE READ AND NOW I JUST WANT TO TAKE A MOMENT TO TOUCH ON ONE
OR TWO POINTS. AND MANY OF YOU KAY HAVE RESPONDED, I HAVE TO ADMIT
I HAVE NOT READ MY ELECTRONIC MAIL UP TO DATE, SO PLEASE FORGIVE
ME. I DO WANT TO STATE THAT CIJMJNICATION IS ONE OF THE THINGS
THAT I THINK IS VERY IMPORTANT FOR COUNCIL AS A FOCUS. I THINK WE
NEED TO KEEP OUR CHANNELS OPEN TO COMMUNICATE WITH ONE ANOTHER AND
TO WORK TOGETHER AS A TEAM. AT THE SAME TIME ALLOWING OUR INDI -
VIOUALITIES TO SHINE FORTH ON MANY DIFFERENT PROJECTS. ALONG WITH
THAT CONCEPT OF COMMUNICATIONS, I WOULD LIKE TO MAKE SURE THAT WE
CONTINUE AS A GROUP TO KEEP THE LINES OF COMMUNICATION OPEN, PAR -
TICULARLY TO THE CITIZENS OF THE CITY, AND THAT'S ONE OF THE REA -
SONS FOR SUGGESTING THAT WE DO HAVE A TOWN MEETING IN FEBRUARY, AND
COUNCIL HAS AGREED UPON A DATE OF FEBRUARY 6 TO HOLD OUR FIRST TOWN
MEETING THIS YEAR AT THE FLOOO MIDDLE SCHOOL TENTATIVELY, ONCE WE
GET PERMISSION, AND TENTATIVELY FOR 7 P.M. IN THE EVENING. AND I
THINK IT WILL BE A GREAT OPPORTUNITY TO ADDRESS THE OUTCOME OF THE
JANUARY 30TH ELECTION AHO ANY OTHER ITEMS THAT ANYONE WISHES TO
BRING FORTH AT THAT TIME. I WOULD ALSO LIKE TO ENCOURAGE COUNCIL
TO SUPPORT A TOWN MEETING APPROX I MATHY ONCE EVERY THREE MONTHS.
OF COURSE IF WE HAVE A MAJOR ISSUE THAT ARRISES SUCH AS WE DID LAST
YEAR ON UNION/TUFT I THINK WE NEED TO CALL ONE IMMEDIATELY, BUT IN
THE MEANTIME I WOULD LIKE TO ENCOURAGE THAT AND ASK FOR YOUR SUP-
PORT OR ALTERNATIVE SUGGESTIONS IF YOU HAVE ANY.
ANOTHER ASPECT THAT I BROUGHT OUT IN MY LITTLE MEMO WAS TO TRY TO
IDENTIFY THOSE AREAS OF INTEREST EACH OF YOU WOULD LIKE TO FOCUS
YOUR ENERGIES TOWARDS OVER THE NEXT TWO YEARS. ONCE AGAIN, I FEEL
THAT WE FUNCTION AS A UNIT AT A MUCH HIGHER LEVEL IF WE ARE SUP -
PORTIVE OF EACH OTHER ON ISSUES RATHER THAN FIGHTING EACH OTHER FOR
ISSUES, AND I HAD MENTIONED MINE ON E-MAIL AND JUST FOR PUBLIC
RECORD I WILL BRIEFLY READ IT AGAIN:
I INTEND TO CONTINUE TO PROMOTE ECONOMIC DEVELOPMENT IN BOTH ENGLE -
WOOD AND THE SOUTH METRO AREA, IMPROVE INTERGOVERNM£NTAL RELATIONS
BETWEEN THE VARIOUS GOVERNING BODIES IN THE SOUTH METRO AREA, PRO -
MOTE WASTEMANAGEMENT PARTICULARLY IN AREAS OF REUSE, RECYCLE AHD
WASTE REDUCTION, AND REPRESENT THE CITY OF COURSE IN THE ROL E AS
MAYOR AS THE PRIMARLY PUBLIC EMMISSARY IN THE NEXT TWO YEARS .
IF YOU HAVEN 'T DONE SO , FEEL FREE TO INDI CATE WHAT YOUR PROJ ECTS
ARE THAT YOU WISH TO SUPPORT , OTHER AREAS OF INTEREST .
AND FINALLY I WOULD LIKE TO SUGGEST THAT WE DEV ELOP A SUB -COMMITT E£
TO REVIEW AND DEVELOP COUNCIL POLI CY. Bill CERTAINLY HAS BROUGH T
THIS UP ON A NlNER Of OCCASIONS, AS I HAVE, AND I THI IT WOULD
8 VERY PRODUCTIVE IF W COULD HAV TWO OR THREE MO.ERS OF COUN ·
Cl l, IF WE CHOOSE TO GO THAT WAY , TO SIT DOWN WITH WHAT W HAV E
CURRENTLY , WHICH ISN 'T A WHOLE LOT . W HAVE A FEW THING S THA T R ·
LAT TO TRAV EL. COM UP WITH REC NDATIONS THEN AS AN EN·
TIR BODY R VIEW THOS RECOMMENDATIONS AND S E IF WE CAN C UP
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Englewood City Council Minutes
January 15, 1ggo -Page 7
WITH SOME COUNCIL POLICIES -IN A VERY SHORT ORDER , BECAUSE I WOULD
FEEL MORE COMFORTABLE IF WE WERE IN AGREEMENT IN THE MANNER IN
WHICH WE OPERATE AS A COUNCIL WHEN IT COMES TO POLICY OF OUR OWN.
ANY COMMENTS OR SUGGESTIONS ON THAT, THAT POINT?
CLAYTON : YOUR HONOR, I HAD SOME IDEAS ALONG THAT LINE THAT I THINK WOULD BE
ACCEPTABLE TO EVERYBODY , AND I WOULD LIKE TO BE ON THAT COMMITTEE .
VAN DYKE: DOES A SUB -COMMITTEE SEEM AGREEABLE TO EVERYBODY? ANYBODY DISAGREE
WITH IT. I THINK IT'S A GOOD PLACE TO START . Bill WOULD LIKE TO
BE ON IT, IS THERE ANY OTHER •.••
HATHAWAY : I'll BE ON IT .
VAN DYKE : RITA, AND ONE OF THE NEW COUNCILMEMBERS . OKAY . BILL , RITA AND
CLYDE . AND I 'll LET YOU GET TOGETHER TO DECIDE WHAT TIME IS AP -
PROPRIATE . BUT I WOULD LIKE TO ENCOURAGE TO GET THINGS GOING IN
THE NEXT COUPLE OF WEEKS AND PERHAPS COME UP WITH SOMETHING IN TWO
MONTHS, HOPEFULLY .
HATHAWAY : BEFORE WE HAVE OUR FIRST MEETING , I 'D LIKE TO HAVE A, I KNOW WE
HAVE A COPY OF THE TRAVEL OR THE PER DIEM RATE , I 'D JUST LIKE A
COPY FROM THE Ni'INISTRATIVE COPY MANUAL OF ANYTHING THAT 'S IN
THERE . THERE ISN 'T A LOT , I UNDERSTAND, BUT I 'D JUST LIKE TO HAVE
A COPY OF WHAT 'S THERE .
VAN DYKE : YES, I 'D LIKE STAFF TO PREPARE A LITTLE HANDOUT OF All THE INFORMA -
TION THAT IS CURRENT ON COUNCIL POLICY .
FRASER : MAYOR , I WOULD LIK E TO WORK CLOSELY WITH THAT COMMI TT EE AND IN
PREPARATION OF THIS, WE HAVE SOME SUGGESTIONS AND IDEAS , AND IN
FACT SOME RES EARCH THAT WE'VE ALREADY BEGUN ON WHAT WE BELI EVE OUR
COUNCIL POLI CIE S ARE THAT HAVE ALREADY BEEN MAD£, AND RATH ER THAN
GO BACK AND REINV ENT THE WHE EL, THE DIRE CTION THAT I HAD GIVEN
ST AFF WAS TO PREPAR E A C«MPE IIHUM Of THI NGS THAT WE BELIE VE THAT
COUNC I L HAS ALREADY ST ATED A POSI TION ON . AND GET THOSE DRAFTED IN
THE FORM OF A RESOLUTION, EACH ONE, SO THAT YOU WOULD HA VE A PACKET
OF THINGS THAT WE THifl( HAVE ALREADY BEE N DONE TO BE BETTER
ORGANIZED .
HATHAWAY : WEll , TO REFRESH OUR MEMORIES IF NOTHING ElSE, BECAUSE I 'M SURE
THAT THE ONES WHO HAVE BEEN HERE FOR TWO YEARS REMEMER THINGS A
LITTLE DIFFERENTLY .
FRASER : WELL SURE .
VAN DYK : WELL , MR . FRASER, IF YOU WOULDN 'T MIND, Ir YOU WOULD G T TH COUN -
Cil SUS -COMM ITTEE TOGETH R ON THIS ISSU AND PROCE D WITH WHAT YOU
HAVE •
CLA TON : I THI THAT 'S TRU , AS I 'V SAID IEFORE, I THI W HAY AN OPPOR ·
TUMITY TO LL'VE ~ LEGACY FOR COUNCIL 'S THAT C AFTER US, AND I
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Englewood City Council Minutes
January 15, 1990 -Page 8
FRASER:
THINK TIM AND CLYDE ARE GOING TO DISCOVER ONE OF THE TOUGHEST
THINGS TO DO IS TO FIGURE OUT HOW WE GOT TO WHERE WE ARE, AND MAYBE
WE CAN BEGIN TO MAKE IT A LITTLE EASIER ON THE SUBSEQUENT FOLKS WHO
COME ALONG TO BE COUNCIL PEOPLE AND TO HELP THEM MAKE BETTER DECI-
SIONS, TO KNOW HOW THEY GOT THERE.
WE HAD IT ON OUR LIST TO DO FOR 1990 TO GET THIS PROCESS STARTED,
SO WE'RE REAL PLEASED TO HAVE THE COMMITTEE WORK ON IT.
VAN DYKE: GREAT, THAT'S ALL I HAVE.
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RESOLUTION NO. ~
SERIES OF 1990
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14 (b) (1)
A RESOLUTION APPOINTING COUNCIL MEMBERS TO TERMS ON BOARDS AND
CO~USSIONS OF THE CITY OF ENGLEWOOD.
\fHEREAS, the various boards and commissions established by
the Englewood Home Rule Charter or the Englewood Municipal Code
have certain terms of membership; and
WHEREAS, because of resignations or expirations of terms
from time to time, vacancies occur which require appointment~ by
City Courr.il or the Mayor;
NO'
CITY OF
Council
Boards
S ction 8. Urban Ren •
tuthority
.enure
us ion
./l/90 to 2/l/94
Jn for tenure
•nt for tenure
~
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14 (b) (i)
RESOLUTION NO. ~
SERIES OF 1990
A RESOLUTION APPOINTING COUNCIL f.IEMBERS TO TERMS ON BOARDS AND
COMI-IISSIONS OF THE CITY OF EUGLE\-JOOD.
'~EREAS, the various boards and commissions established by
the Englewood Home Rule Charter or t he Englewood Municipal Code
have certain terms of membership; and
''~HEREAS, because of resignations or expirations of terms
from time to time, vacancies occur which require appointments by
City Council or the Mayor;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, that the f o llowing appointments of
Council Members to vacancies and expired terms on the following
Boards and Commissions a re hereby nade:
Section 1. Englewood Downtown Development Authority
Rita Hathaway reaffirm appointment for tenure
Sec tion 2 . Firemen 's P ension Board
Susan Van Dyk -Uayoral requireme nt for tenure as mayor
Section 3. Police Pension Board
Susan Van Dyke -May o r requ irement for tenure as mayor
Section 4. En glewood Hous ng Authority
Roger Koltay reaffir appo nt nt to term xp iring
7/1/94
S ction 5. Parka and Recreation Commission
Clyd Wiggins appoin ed for rm 2/l /90 o 2/l/94
rd
Alex Haben ch reaffirm as 1 aison for tenure
Roger Koltay reatfira ppoint nt for nure
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Section 9. Water and Sewer Board
Alex Habenicht reaffirm appointment for tenure
Tim Bullock appointed to fill former Council member's term for tenure
Section 10. City/School Committee
Clyde Wiggins and Roger Koltay appointed to fill
positions of former Council Member Byrne and Council member Hathaway
Section 11. D.R.C.O.G.
Rita Hathaway as delegate for tenure
Tim Bullock as alternate for tenure
Section 12. C.M.L. Policy Committee
Bill Clayton as representative for tenure
Alex Haben i cht a s alternate for tenure
Sect i on 13. Malley Center Trust Fund
Rita Hathaway
Section 14. Economic Development Coalition (formerly Downtown Task Force)
Susan Van Dyke
ADOPT ED AND APPROVED th is 15th day of January, 1990.
At test: Sus an Van Dyk e , May o r
Patricia A. crow, city cierk
I, Patricia H. Crow, City Clerk for t he City of Englewood,
Colorado, hereby certify the abov e and fo r egoing is a true copy
of Resolution No . ___ , Series of 1990 .
Pa trici a H. Crow
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Alex Hab€'nl<:llt
Goals ror 1990 through 1991
My agenda fer the next. two ;·E'ars includes
• col!ectively moving Englewood into the future with a shared sen:e
of pride and accomplistm1ent; and '"lith a goal t:>ward affirming Engl €1WO...'<i as
a resid~?ntial cc.mmutHty ~)f choic~ W'lth a strong r~tatlc·~nt.:>r , and afn)
(industrial) clean and non-intrustve mdu strta l .:c-nto:r
--Wltll EngleW'OOd as a major piayer in the metr o a r t>:;., %mev.11at
neutral because w~ ar~ a fuil-service c.ity, but d~fimti1Jy a l~a.j.o-r in m€'tro
issues, i?Specially issues of metro cooperation.
• emphasizmg co ntinually ·,.;orking to build bridges to lle future
through extending our linkages from the past ...mile providing so und moral
support both in philosophy and in action to .;.ctucation and youth; to famili~;
and to individuals; With an emphasis on providing a healthy environment for
living and working, With a renewed commitment to residents .
• i<1entJrytng and Utilizing Wisely an.J judiciously our resour ces to
muster ou r commuruty sp irit and our community enthusi3sm toward a
shared vision of our future as a full servtce etty and a residential retreat.
--With attention to COOJ>E>rative planning and tmplementation of
programs in areas of waste management, the environment, and the future of
EngleWOOd --expre~ through the youth in our commun1ty .
• striving to reach mto tomorrow With assurance and pride m a strong
and tradttional community on tbe brink of discovery as we encourage our
youth to new adventures and horizon in the 21st century through ou r
example and tnrough our suppo rt
• focusmg on
1 Netghborhoods
--res1dent!al
--buStness (comme r at an·1 Industrial)
2 Int&rgovernmental r&latl ons and tssues of ov~rnan
3 Youl'l , anultes , tndtvtdual restd nts/quahty of h!&, culture
4 .. ·.;.u n CIS<:al plan. tn i aM ·.:o untablllty tl1 Pl'tl ti r.
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