HomeMy WebLinkAbout1990-04-03 (Regular) Meeting AgendaApril 3, 1990
Regular City Council Meeting
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I. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
April 3, 1990
The regul~r ~e ting of the Englewood City Council was c~lled to order by Mayor V~n Dyke ~t 7:30 P·•·
Z. Invocation
The invoc~tion w~s given by Council Me.ber Wfggfns.
3. Pledte of Allqiance
The Pledge of Allegiance w~s ltd by Mayor Van Dyke.
4 . Roll Call
Present :
Absent :
A quoru• was present.
Also present :
5. Mtnutes
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N y
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Council "-bers Hathaway, Koltay, Wiggins , Bullock,
Clayton, Habenicht, Van Dyke
None
City Manag r Fraser
City Attorn y DeWitt
City Clerk Crow
Director Fonda, Utilities
Director Wanush , C nlty Oevelo nt
Division C fef Mfller, Safety S rvlcts
SlCOeeDI, TO APfJMV[ llt[
In , 8ulloc ,
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Englewood City Council Minutes
April 3, 1990 -Page 2
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(i) Mayor Van Dyke confirmed May 15, 1990 as the date of the next
Town Meeting which will be held at Sinclair Middle School commencing at 7:00
p.m.
( i i) Mayor Van Dyke announced that there would not be a quorum
present on May 7, 1990, as she and Council Members Clayton and Hathaway are
attending a Rocky Mountain Regional Waste Management Seminar on that date .
MAYOR VAN DYKE MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE REGULAR MEETING
OF MAY 7, 1!1g(), TO TUESDAY, MAY 1, 1!1!10, TO COMENCE AT 7:30 P.M. IN COUNCIL
CHAMBERS, CITY HALL.
Ayes:
Nays:
Motion carried.
Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(b) Council Member's Choice
(i) Council Member Wiggins inquired about the possibility of
having the Fire Chiefs Association provide a fire service presentation . City
Manager Fraser replied that he had scheduled two different groups to make a
presentation about fire service at an upco.ing study session.
(ii) Council MeMber Hathaway r .. inded those present about the up -
coming "Glad Bagathon• kick -off event to be held Saturday, April 7th, at Mile
High Stadi1111 fr011 10 a.•. to 2 P·•· She encouraged attendance in an effort
for Englewood to secure the trophy currently held by West•inster .
7 . 're-scheduled Visitors
(a) Roger Shoop was not present as scheduled to receive a Certificate
of Appo i nt .. nt to the Planning and Zoning C~iss1on. Council Member
Habenicht agreed to trans•it the certificate to hi•.
8 . Non -scheduled Visitors
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Englewood City Council Minutes
April 3, 1990 -Page 3
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried. Appreciation was expressed to the Lions Club for the train
operation in Belleview Park.
(b) Ji• Ulrich, 4580 South Huron Street, addressed Council concerning
his personal observations about fire services in the City. He eaphasized that
fire service is quite different fr011 other businesses or professions; that
many changes have occurred in fire services during the last two decades, with
the job becoming .ore dangerous in spite of the fact there are less fires. He
stressed that a certain nutllber of firefighters are necessary to do the job
safely. He questioned the purported transport costs. He also questioned the
wisdom of reducing personnel and paying for private llllbulance service. He
reiterated that fire services cannot be operated like other businesses .
The fire service assess•nt currently being conducted by the Fire Service
Delivery Task Force was discussed, and Mr . Ulrich was told to encourage his
neighbors to contact the various council ..-bars for clarification of the pur -
pose of the Task Force. Mr . Ulrich was also urged to discuss his concerns
with City Manager Fraser or Safety Services Director Stanley .
9 . to.unications and Procl-ttons
(a) COUIICIL ..,_. M.LOCit liND, -IT MAS SlCOIID£D, TO ACCEPT ALICE
IWISOII'S LmD Of IESI-TICII AS ALn.ATE ...a Of THE EIIILOOOD l8M IE·
IDAL M~TM~In.
Ayes :
Mays :
Motion carried .
Council .....,.rs Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
MoM
Staff was dtrected to dete,..ine whether it is necessary for Council to appoint
a new Alternate .....,.r to the Urban Renewal Authority.
(b) COUIICIL ..,_. IULLOCit liND, -IT MAS SEC:.O, TO KCLME THE
WEEl Of APRIL 22 -H, lttO AS •DAYS Of ....-E Of THE VICTIIIS Of THE
IIK.OCAUST. •
Aye s:
Ma,y s :
Motion carr ted .
1 o. Con ent AfeMa
There ,.. no t
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publ c
Council rs Koltay, Hathaway , Wt99ins, Bullock ,
Clay ton , Ha ntcht, Van Dyke
None
for con td rat on und r Con ~··
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Englewood City Council Minutes
April 3, lgto -Page 4
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(a) Director Fonda presented a recommendation from the Water and Sewer
Board to approve by ordinance a petition for inclusion of land to the High-
lands Ranch Metropolitan District No. 3 for all municipal services provided by
the District. Mr. Fonda explained the inclusion of the land is the next step
in the development process for Englewood's property adjacent to Mclellan
Reservoir. Alternatives to petitioning for inclusion were discussed, and Mr.
Fonda explained that it would be extremely expensive and perhaps impossible to
provide water, sewer, fire protection, police, etc. all of which are included
and provided by the District. Doing this on our own would make development of
the property virtually impossible.
The City Clerk was asked to read Council Bill No. 12, entitled:
COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER CLAYTON
A BILL FOR AN ORDINANCE APPROVING A PETITION TO INCLUDE CERTAIN LAND OWNED BY
THE CITY OF ENGLEWOOD NEAR MCLELLAN RESERVOIR INTO HIGHLANDS RANCH METROPOLI -
TAN DISTRICT NO . 3.
COUNCIL MEMIEI CLAYTON MOVED, All) IT W SfCOIIKD, TO AHIOYE 011 FIIST IEADUI&
COUNCIL IILL NO. 12, SEIIES OF 1990.
Council "--ber Habenicht requested clarification concerning the City's ability
to provide water and sewer services to the area in question . Mr . Fonda agreed
that it could be done but that it would prove .uch .ore expensive .
Also, Ms . Habenicht stated she was concerned about the possib11ity of the Ctty
subjecting itself to future special i~~prov .. nt assesseents. She ts not tn
favor of Counctl giving up authority to a Mtro board . She asked tf the sue
purpose could be served through intergovernMOtal agree.nts . Mr . Fraser ex -
plained that tn thh particular instance, the City ts a landowner, not the
governing body . To have the land Included tn the Metropolitan District would
aaxt•tze tts value as an investMnt. Mr . Fraser concurred wtth Ms. Habenicht
that a rtsk ts Involved concerning aajor dec st on s of the Board, but he felt
as a llellber of the Otstrtc t the City uld also hav an opportuntty to par -
ticipate as a Mtlbtr of the Board.
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ton carried .
eloper and clartf ca ·
tns , 8ulloc: ,
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Englewood City Council Minutes
April 3, 1990 -Page 5
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property (approximately 21,000 square feet) to First National Bank of Engle-
wood for a purchase price of $500,000 . Mr. Wanush emphasized that the option
could only be exercised if City Hall is moved from its present site within
five years from date of agreement .
The City Clerk was asked to read Council Bill No . 13, entitled:
COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER BUllOCK
A Bill FOR AN ORDINANCE FOR CONSENT TO ENTRY OF RULE AND ORDER AGREEING TO THE
CONDEMNATION OF PROPERTY DESCRIBED IN PENDING LITIGATION.
COUNCIL MEMEI IULLOCit MOVm, MD IT WAS SECOIIDm, TO APPROVE ON FlltST lEADING
COUNCIL IILL MO. 13, SERIES OF 1t90.
Ayes: Council Me.bers Koltay, Hathaway , Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays : None
Notion carried.
(c) Director Fonda presented a reca..endation fro. the Water and Sewer
Board to approve by ordinance a "-orandu. of Understanding with Valley
Sanitation District regarding the uintenance of the sanitary sewer system
serving the Pleasant View subdivision. Mr. Fonda explained the process by
which Pleasant View residents had been i~roperly charged by Valley Sanitation
for repairs and •aintenance fees . The Me.orandu. of Understanding will recti -
fy the procedure; refunds to the residents of Pleasant Valley for the overpay -
.. nts to Valley Sanitation District wil l be -.de by the City.
The City Clerk was asked to read Council Bill No . 20, entitled :
COUNCIL Bill NO. 20, INTRODUCED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT WITH VALLEY SANITATION DISTRICT
(VALLEY) WITH THE CITY Of ENGLEWOOD CONCERNING THE MAINTENANCE Of THE SANITARY
SEWER SYSTEM SERVING THE PLEASANT VIEW SUBDIVISION (PLEASANT VIEW).
COUIICIL ..,_. 111.115 MOVm, MD IT liAS SECOIIDO, TO APPttOVE ON FIIST ltfADIMii
COUNCIL IILL MO. 20, SERIES Of 1190.
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Ayes: Counc:tl .....,.rs Koltay, Hathaway, Wi99tn s, Bullock,
Clayton, Habenicht, Van Dy e
Na,YS :
tton carrted.
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21 , n ttled:
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Englewood City Council Minutes
April 3, 1990 -Page 6
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A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 1, SECTION 1, ENGLEWOOD
MUNICIPAL CODE 1985, RELATING TO HODEL TRAFFIC CODE, LIMITATIONS ON BACKING MOTOR VEHICLES.
COUNCIL MEMBER WI&&INS MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING
COUNCIL BILL NO. 21, SERIES OF 1990.
Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
13 . City Manager's Report
(a) City Manager Fraser presented a reco~~~~~endatton from the Water and
Sewer Board to purchase a floating baffle for the Allen Plant Reservoir. He
explained the apparatus would help prohibit algae growth tn the reservoir .
Three bids were received, with the lowest bid from TherMO Fab in the AMOunt of
$40 ,000 to include delivery and installation.
CCIUIIC ll NERIO IUl.Loat MOVED, AND IT WAS SECCJII)ED, TO APNOVE: THE MCHASE OF
A FLOATI. IAFFLE/CUITAIN FlOM THEitMO FAB IN THE MOUNT OF $40,000.
Ayes: Council Melllbers Koltay, Hathaway, Wiggins , Bullock,
Clayton, Habenicht, Van Dyke
Nays : None
Mot 1 on carrt ed.
(b) Mr . Fraser provided Council with an update of the status of the diesel fuel leak at the Servicenter.
14. City Attorney's Report
(a) City Attorney DeWitt lnfonlld Council of a legal description prob ·
1 .. existing on property located on the western fd9e of the sewer treat•nt
plant (referred to as the Molitar Industries property). It -.y be necessary
for the City to quiet title on this property by Issuing a deed to Molltar In ·
dustries. Mr . DeWitt wtll provide Council with all particulars on thts trans ·
action when the reca.endatton cOMs forward .
(b) City Attorn y DeWitt dvlsed Council that it NY be possible to
reach an agr nt wtth th Denver Vlt r Board concerning accounting for
rtle es of water fra-Chatfield o... If an agre nt can bt r ached, th n a
1 wsuit y bt av rttd . He will p Counc11 lnfonlld on thfs 1ssu •
(c) City Attorn y DeVItt fnfonltd Coun 11 that a $60 ,203.10 ch c had
bt n r celved fra-th f re and Pollee P nston Asso ciation, and he requ sttd a
-olton to conclud litigation In this tt r .
CLAYTOI IIOVQ, _, IT UC.O, TO ACCEPT $10,203 .10 AS
II TN( LITIIATJOI MAl T TN( FJ _, POliCE PEISIOI ASSOCIATIC*·
A:J s : Coun i1 rs oltay, Hatha y, Wi~lns, 8ulloc ,
Clayton, Ha ntcht, Van Oyk
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Englewood City Council Minutes
April 3, 1990 -Page 7
Motion carried.
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(d) Mr. DeWitt transmitted copies of an article which appeared in the
Denver Post, June 27, 1988, entitled: "Government's chief priority isn't run -
ning like a business.•
15. Adjour,_nt
COUNCIL MEMBER HABENICHT MOVED TO AD.JOUIII. The 11eeting adjourned at 8:40 p.11 .
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AGENDA ITEM B(A) -HAMILTON'S REQUEST FOR FINANCIAL ASSISTANCE FOR REPAIRS TO
RAILROAD AND TRESTLE AT BELLEVIEW PARK
HAMILTON: MAYOR AND MEMBERS OF COUNCIL. I APPRECIATE THIS OPPORTUNITY TO
SPEAK TO YOU ABOUT A MATTER INVOLVING THE RAILROAD TRESTLE AT
BELLEVIEW PARK. I SPOKE BRIEFLY ABOUT IT TO MR. FRASER THIS
AFTERNOON, SO HE WASN'T SURPRISED. HAVING WORKED FOR THREE CITY
MANAGERS IN THE PAST, THERE'S ONE PERSON THAT YOU DON'T WANT TO
SURPIRSE -THE CITY MANAGER.
SOMETIME AGO, JIM KACHULIS (M. D. KACHULIS, UNITED RAILROAD
SERVICES COMPANY), AND JIM KAVINSKY (OUR SUPERINTENDENT OF PARKS),
MR. KELLS WAGGONER AND I HAD AN OPPORTUNITY TO REVIEW SOME
STRUCTURAL REPAIRS THAT ARE BADLY NEEDED BEFORE WE CAN RUN THE
TRAIN THIS JUNE IN BELLEVIEW PARK. AND WE CALLED UNITED RAILROAD
SERVICE -MR. MIKE KACHULIS, WHO DID INSTALL TRACK AND DID A GREAT
DEAL OF EXTENSIVE WORK DOWN THERE MANY YEARS AGO FOR US IN
BELLEVIEW PARK. AND, HE MADE A JOB BID AND WE JUST RECEIVED THAT
THIS WEEKEND TO DO THE MAJOR REPAIRS WHICH INCLUDES SOME LARGE
SUPPORT TIMBERS IN THE RAILROAD TRESTLE WHICH ARE LEANING OUT OF
PLUMB AND DO THE WALKWAYS AND THE RAILINGS AND THEN ALIGN THE
TRACK AND TAKE OUT SOt£ WOUJES OUT OF IT, AND ADJUST THE GRADE IN
A PLACE OR TWO. HE ESTIMATED THE COST TO BE SOMEWHERE BETWEEN
$8,000 AND $12,000 . NOW, NOT KNOWING THAT THIS REPAIR WAS GOING
TO BE NEEDED DURING THIS BUDGETARY PERIOD OF COURSE MR WAGGONER
DIDN 'T HAVE AN OPPORTUNITY TO BUDGET THIS AMOUNT OF MONEY, AND I
GUESS THAT 'S WHY I 'M HEAR TO SPEAK TO YOU THIS EVENING IN REGARDS
TO APPROVAL OF THIS EXPENDITURE AT LEAST ON THE FIXED ASSETS , AND
AS I VISITED WITH MR. MANAGER THIS AFTERNOON, SINCE THE RAILS
THEMSELVES ACTUALLY BELONG TO THE LIONS CLUB AND WOULD NOT
NECESSARILY BE CONSIDERED A FIXED ASSET, I 'VE CALLED MR . KACHULIS
AND ASKED HIM IF HE, IF THE JOB IS APPROVED AND THEY DO THE JOB,
COULD HE BREAK THAT OUT ON A PERCENTAGE BASIS AND THE LIONS CLUB
WILL PICK UP THAT PERCENTAGE OF WHAT THE COST IN THIS JOB TO
REPAIR THE RAILROAD TRACK IN ADDITION TO THE MAJOR WORK TO BE DONE
ON THE TRESTLE , AND HE SAID HE COUlD . SO I GUESS WHAT I 'M ASKING
COUNCIL TONIGHT AND MS . MAYOR IS THAT YOU 'll APPROVE THAT
EXPENDITURE TO BE DONE ON THE BRIDGE THERE AND WE 'll PICK UP
WHATEVER PERCENTAGE IT IS ON THE REPAIR Of THE TRACK .
VAN DYK E: MR . FRA SE R, DO YOU HAV E A RE C<MtENOATION ON THIS ISSU E?
FRASER :
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VAN DYKE: SO IN ESSENSE YOU DO SUPPORT THE ASSISTANCE HERE TO THE LIONS
CLUB. WHAT WE NEED NOW IS A MOTION. BILL?
CLAYTON: YOUR HONOR, I HAVE A QUESTION FOR CHIEF HAMILTON. FIRST, CHIEF
DOES THE LIONS CLUB SET ASIDE SOME MONEY EACH YEAR TO TAKE CARE OF
THESE KINDS OF THINGS? DO YOU HAVE A CAPITAL OR REPAIR BUDGET THAT, FOR THIS? OR?
HAMILTON: YES, WE SET ASIDE A CERTAIN PERCENTAGE OF THE PROCEEDS FROM THE
TRAIN, THE NET PROCEEDS IN ANTICIPATION OF REPLACING THE TRAIN.
AND WHEN WE BROUGHT THAT TRAIN, THE ENGINE ITSELF COST BETWEEN
$40 -$50,000 -THAT 'S A NUMBER OF YEARS AGO. AND WE ESTIMATE NOW
THAT IF WE HAVE TO REPLACE THE TRAIN AND THAT'S ANOTHER THING
WE'RE GOING TO GET INTO ON THE 11TH OF THIS MONTH IS SOME MAJOR
REPAIRS AND MAINTENANCE TO THE TRAIN . SHORT OF SENDING IT BACK TO
THE FACTORY AND HAVING IT REBUILT. BUT IF WE DID HAVE TO REPLACE
THAT TRAIN WE'RE TALKING ABOUT BETWEEN $80 -$90,000 AND YES, WE 'RE
SAVING MONEY IN AN IMPROVEMENT FUND AND A TRAIN FUND JUST FOR THAT
PURPOSE OUT OF THE PROCEEDS . AND THERE 'S SOME MONEY IN THAT FUND
NOW, I'M NOT SURE EXACTLY HOW MUCH, AND THEN ANYTHING OVER AND
ABOVE THE EXPENSES OF OPERATING THE TRAIN ASIDE FROM WHAT WE PUT
AWAY TO REPLACE THE TRAIN DOWN THE ROAD SOMEPLACE GOES INTO THE
GENERAL FUND WHICH IS USED TO SUPPORT CHARITIES AND MUNICIPAL GOOD
DOINGS AND THAT SORT OF THING IN THE CCIIIJNITY .
CLAYTON: DO YOU ANTICIPATE ANY INCREASE IN YOUR FEES TO TAKE CARE OF SUCH
THINGS AS RAIL AND TRESTLE REPLACEMENTS?
HAMILTON : WELL, WE HAVEN 'T. WE 'VE BEEN OPERATING FOR A NUMBER OF YEARS NOW
AT 50 CENTS A RIDE AND CHILDREN UII)(R 12 GO FOR HAlF PRICE, I THI., OR NOTHING .
VAN DYKE : QUITE A D£All
HAMILTON : YEAH .
CLAYTON : DO YOU ANTICIPATE THAT WITH THESE ANTICIPATED REPAIRS ON THE TRAIN
THAT THE LIONS CLUB IS GOING TO WANT SOME FINANCIAL SUPPORT FOR OF THAT FROM THE CITY7
HAMILTON : NO SIR. NO, WE HAVE MON EY IN OUtt, IN THE ~ET FOR THAT .
VAN D £; • BULLOC .
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HA8 ICHT :
AHO 0 I A X HAl ICHT . y X.
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YOU DO RAISE TO HELP BENEFIT THIS COMMUNITY, AND I JUST WILL BE
REALLY PLEASED AND PROUD TO VOTE FOR THIS MOTION.
VAN DYKE: PLEASE VOTE.
CLERK: ALL VOTES HAVE BEEN CAST, YOUR HONOR. LET THE RECORD SHOW SEVEN AYES.
VAN DYKE: THANK YOU, MR. HAMILTON. WE'LL LOOK FORWARD TO GETTING EVERYTHING
UP AND OPERATIONAL AS SOON AS POSSIBLE.
HAMILTON: YOU GET THE FIRST FREE RIDE, MS. MAYOR.
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AGENDA ITEM 8(B) -JIM ULRICH , 4580 SOUTH HURON STREET , CONCERNING FIRE
SERVICES IN ENGLEWOOD
ULRICH: HI. MY NAME IS JIM ULRICH, I LIVE AT 4580 SOUTH HURON. I'VE
LIVED THERE FOR EIGHT YEARS, AND WHAT I'M ABOUT TO SAY TONIGHT
OOES NOT NECESSARILY REFLECT THE OPINIONS OF ANY ORGANIZATION OR
OF THE DEPARTMENT AS A WHOLE. IT IS JUST WHOLEHEARTEDLY HOW I
FEEL AND I JUST FELT THE OVERWHELMING DESIRE TO COME SAY IT. BUT
OVER THE PAST SEVERAL MONTHS I'VE HEARD ABOUT HOW THE FIRE
DEPARTMENT SHOULD BE RUN , HOW MANY PEOPLE IT TAKES, AND WHO SHOULD
DO IT. I'VE ALSO NOTED IN THE PAPER THERE HAVE BEEN A LOT OF
FACTS ABOUT THE FIRE DEPARTMENT THAT HAVE BEEN PUBLISHED
INACCURATELY . NOW QUITE FRANKLY I DON 'T KNOW IF IT WAS MISQUOTES
OR LACK OF INFORMATION OR WHAT , BUT LIKE I SAID, I JUST HAVE THIS
DESIRE TO COME UP AND KIND OF GIVE YOU AN IDEA OF WHAT I FEEL
ABOUT THE FIRE SERVICE AND FIRE FIGHTERS AS A WHOLE.
MY FATHER AND MY GRANDFATHER WERE BOTH FIRE FIGHTERS .
COLLECTIVELY THEY PUT IN 70 YEARS WITH THE CHICAGO FIRE
DEPARTMENT, AND I'VE FORTUNATELY HAVE BEEN IN 12 MORE SINCE
THEY 'VE RETIRED. SO YOU CAN KINO OF SAY THAT I 'VE BEEN EXPOSED TO
FIRE FIGHTING ALL MY LIFE. I JUST LIKE TO EMPHASIZE THAT THE FIRE
SERVICE IS NOT LIKE ANY OTHER BUSINESS OR ANY OTHER PROFESSION .
IT 'S BEEN AROUND FOR A LONG TIME AND MOST PEOPLE EVEN THOUGH THEY
DON 'T USE IT, THEY TAKE A LOT OF COMFORT IN KNOWING THAT IT 'S
THERE. ORIGINALLY, I SHOULD SAY TRADITIONALLY, THE FIRE SERVICE
IS THERE TO PUT OUT FIRES, AND THAT PRETTY MUCH DID TAKE CARE OF
IT ALL THE TIME. BUT NOW WITH BUILDING CODES, FIRE SAFETY CODES ,
SPRINKLERS, FIRE PREVENTION ACTIVITIES, SMOKE DETECTORS, AND
INCREASED PUBLIC AWARENESS, FIRES JUST DON'T SEEM TO HAPPEN QUITE
AS OFTEN. BUT WHEN YOU HAVE A FIRE, YOU STILL NEED TO HAVE THE
SAME AMOUNT Of FIREFIGHTERS TO PUT OUT THAT FIRE AS YOU DID WHEN
THEY HAPPENED EVERY DAY . THINGS Of KINO Of CHANGED DRAMATICALLY
IN THE LAST TEN OR FIFTEEN YEARS FOR THE FIRE SERVICE. ANY TIME
THAT SOMEBODY HAS A PROBLEM REGARDLESS Of WHETHER IT WAS REAL
CRITICAL OR NOW, OR If THEY HAD AH EMERGENCY WHETHER IT IS LIFE
THREATENING OR NOW, THEY HAVE A TENDENCY TO CALL THE FIRE
DEPARTMENT . THEY STILL CALL US FOR FIRES, BUT A LOT Of OUR CALLS
ARE THI S Ll E · SOMEBODY HAS A FUNNY SMELL IN THEIR HOUSE, A
CHILO lOC S THE EL VE S IN THE BATHROOM, THEY HAVE A HAZARDOUS
MATERIAlS SPill, A SUDDEN ILLNESS, A TRAFFIC ACCIDENT, QUITE A
liST . I COU 0 GO ON FOR A FULL FIVE MINUT ES WITH THAT. WHAT ST
P OP S[ M TO OVERLOOK IS THAT WHEN A FIR FIGHTER RESPONDS TO A
, H ' PUTll HIS liFE ON TH liN FOR BOO ElS • TH
HAlA THAT OUNTER I REASE EVERY DAY . 'R Fl I OUT
THAT Of TH CONTAGIOUS OISEASES ARE PROVI TO B FATAL,
CH ICA S BEl MAO TOXIC, AND EVEN [)(M[STIC VIOLE E IS
R ACHI OUT CRABB! OF TH FIRST A SPONO RS . EVEN TH
f FIR IS 0 ADLIER THAN EVER . WHILE TH JOB SEEM TO B
ROUS, W TRY TO LESSEN TH DANGER BY STRESS!
P OP FAIL TO RSTANO I THAT W STI l Ill EO
0 P OP TO 00 OUR J08 SAFE Y. TH R 0
T S EM JUSTI I 0 DU TO TH R 0 0 CR AS!
R 0 I , BUT IN TH PAST OUR PAST Ali'INISTRATOR HAY
TH Y HAV XP D DU RO IN TH C lTV TO PROVIO
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FIRST CLASS EMS SYSTEM, WE HAVE A HAZARDOUS MATERIALS RESPONSE
TEAM THAT HANDLES OUR FEDERAL AND MANDATED HAZMAT REGULATIONS, WE
ALSO HAVE ARSON INVESTIGATORS ON THE LINE, WE HAVE A HEAVY RESCUE
TEAM, AND WE PARTICIPATE IN TRAINING ON A REGULAR BASIS. I'D LIKE
TO SAY ALMOST DAILY, BUT IT'S WEEKLY. WE ALSO HAVE EDUCATIONAL
CLASSES AND THEY RUN THE FULL GAMET -THEY START OFF IN PRE-SCHOOL
FIRE PREVENTION ALL THE WAY UP TO ADULT CPR. WE PROVIDE THIS ALL
AT NO COST TO THE CITIZENS. AND THE BOTTOM LINE STILL REMAINS
THAT WE NEED A CERTAIN NUMBER OF PEOPLE TO DEAL SAFELY WITH FIRES .
NFPA HAS STANDARDS SET FOR THE NUMBER OF PEOPLE ON APPARATUS. WE
DON'T MEET ALL THESE STANDARDS, OR WE DON'T MEET ANY OF THEM, BUT
THEY'RE KIND OF HIGH IN THE SKY ANYWAY. BUT BY RUNNING OUR
RESCUES WITH OUR ENGINES, WE CAN SAFELY START FIRE SUPPRESSION
ACTIVITES ON ARRIVAL. AS IT STANDS RIGHT NOW, IF AN ENGINE
ARRIVES AT THE SCENE WITHOUT A RESCUE AND THEY ARRIVE BY
THEMSELVES, THEY VIRTUALLY, THEY CAN'T DO ANYTHING UNTIL SOMEBODY
ELSE GETS THERE. AND THEN WHEN SOMEBODY ELSE DOES GET THERE, WHEN
THE OTHER ENGINE GETS THERE, WHAT THEY DO IS TAKE THOSE PERSONNEL
OFF THAT ENGINE AND USE THEM AS TEAMS FOR THE FIRST ENGINE. SO
WHAT YOU'VE DONE IS YOU'VE RENDERED THAT ADDITIONAL ENGINE TO A IN
A SENSE AN EXPENSIVE TAXI. THE SAFETY ISSUE THAT REALLY COMES TO
MIND, COMES UP WHEN YOU HAVE AN ENGINE COMPANY ARRIVE ON THE SCENE
WITHOUT ANYBODY ELSE AND SOMEBODY RELAYS THE FACT THAT THERE MIGHT
BE SOMEBODY TRAPPED INSIDE . NOW THE RULES AND REGULATIONS OF
TRAINING DICTATES THAT WE DON 'T ENTER A BUILDING BY OURSELVES.
WELL, I 'D VENTURE TO BET THAT 9~ OF THE FIRE FIGHTERS ON THE JOB
WOULD RISK THEIR PERSONAL SAFETY AND STILL MAKE ENTRY IN THE HOPE S
TO SAVE SOMEBODY. AND AS FAR AS CLOSING ONE OF THE FIRE STATIONS
AND STILL EXPECTING TO DELIVER THE SAME AMOUNT OF SERVICES EQUAL
TO ALL THE CITIZENS, I CAN ONLY COMPARE THAT TO TRYING TO SAVE
MONEY ON TIRES AND TAKING ONE WHEEL OFF OF A CAR AND RUNNING IT ON
THREE WHEELS. NOW THESE THINGS CAN BE DONE, BUT WHAT YOU 'D HAVE
TO DO, YOU 'D HAVE TO REDESIGN THINGS . I MEAN THERE ARE SUCH
THINGS AS THREE -WHEELED CARS.
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I LIKE PROVIDING THE SERVICES FOR THE CITIZENS. A LOT OF THEM
HAVE COME TO DEPEND ON IT. THE FIRE SERVICES REALLY CAN'T BE RUN
LIKE A BUSINESS. IN A BUSINESS WHAT YOU'RE GAMBLING WITH IS
USUALLY MONEY. WITH THE FIRE SERVICE, THE THINGS YOU'RE GAMBLING
WITH ARE PEOPLE'S LIVES. THAT'S ALL I HAVE TO SAY.
VAN DYKE : ANY COMMENTS OR QUESTIONS FOR JIM?
BULLOCK: I JUST WANT TO SAY THAT I REALLY APPRECIATE YOUR COMING BEFORE THE
COUNCIL, AND COMMENTING. AND I WANT TO ENCOURAGE YOU TO FEEL FREE
TO DO THAT ANY TIME, JIM.
CLAYTON: JIM, I APPRCIATE YOUR COMING TOO, I THINK IT'S IMPORTANT THAT
EVERYONE UNDERSTAND, UNDERSTAND THAT THAT'S WHY CITY COUNCIL IS
HERE. ON THE OTHER HAND, IT SEEMS THAT ALMOST EVERY WEEK SOMEONE
COMES TO US AND SUGGESTS TO US THAT WE SHOULD STOP DOING WHAT
WE'RE DOING AND DO IT A DIFFERENT WAY . THE STREETS, OR FIRE, OR,
OR THE GAMET OF MUNICIPAL SERVICES. AND I WOULD SUBMIT TO YOU
THAT THIS COUNCIL HAS TAKEN A VERY COURAGEOUS STEP, PERHAPS ONE
THAT HASN 'T BEEN TAKEN IN 10, 15, MAYBE 20 YEARS IN OUR ATTEMPTS
THROUGH A CITIZENS COMMITTEE TO DO A COMPREHENSIVE SURVEY OF OUR
EMERGENCY SERVICES SO WE CAN CONTINUE TO PROVIDE HIGH QUALITY FOR
THE FORSEEABLE FUTURE. I 'D LIKE TO ASK YOU, ARE YOU IN SUPPORT OF
THE CONCEPT OF AN EXAMINATION FROM TIME TO TIM£ OF FIRE SERVICES ?
ULRICH : OH, MOST WHOLEHEARTEDLY .
CLAYTON : IN THAT CONTEXT, WHAT WOULD YOU HAVE US, HOW WOULD YOU HAVE US
STRUCTURE OUR EXAMINATION OF THIS DIFFERENTLY THAT WHAT WE ARE
DOING? WE 'VE TRIED TO SELECT CITIZENS FROM EACH DISTRICT THAT AR E
IMPARTIAL, WE 'VE TRIED TO SET THAT UP SO THEY CAN RECEIVE ALL OF
THE INFOINTION FROM EVERY SOURCE All) COME BACK WITH GOOD
RECOMMEJilATIONS TO US SO WE CAN MAK E THE DECISIONS . DO YOU SEE
ANYTHING WRONG WITH THIS PROCESS, AND HOW SHOULD WE CHANG £ IT?
ULRI CH: TO BE PER FECTLY HONEST WI TH YOU, I HAV EN'T THE FAINT ES T IDEA WHAT
YOUR FIR £ SE RVI CE COMMITT EE IS MAO£ UP OF RI GHT NOW . I DON 'T KNOW
WHAT YOU'RE DO ING . AND AS FAR AS WHAT YOU 'RE CHANGI NG, I DON 'T
KNOW WHA T YOU 'RE CHANGING , CAUS I DON 'T KNOW WHA T'S GOI ON
RI GHT NOW . All I 'M DOI NG IS TELLING YOU HOW I FEEL ABOUT TH FIRE
SE RV ICES. YOU KNOW, WH EN ON TELLS TH Y'RE GOI TO DO
AWAY WITH US TRANSPORTI PEOPlE SO CAN HAVE A PftlVATE
AMBULANCE C IN AND DO, TH HAV TH PEOP E 8£ Bill 0, l
DON'T S Y, IN ORDER TO DO THAT. DON 'T OU JUST C THEM
N W T PORT TH ? Ttt YOU 'D G£ T A Sl lrJ
NOJNT OF AEV
CLA T
I
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ULRICH: WELL, I'M NOT TALKING ....
CLAYTON: AND IF YOU'RE NOT AWARE OF THE CITIZENS COMMITTEE, I'M SURE, I'D
ASK MR. FRASER, ASK CHIEF STAHLEY, OR SOMEONE TO DISCUSS THAT WITH
YOU SO YOU ARE AWARE OF CAUSE I THINK YOU ....
ULRICH: I'M NOT TALKING ....
CLAYTON: CERTAINING EVERY FIREFIGHTER SHOULD BE.
ULRICH: I'M NOT TALKING FROM AN ORGANIZATIONAL STANDPOINT. WHAT I'M
TALKING ABOUT IS THE WAY I FEEL -JUST MY FEELINGS. WHAT I'M
TALKING ABOUT IS THAT I HAVE NEIGHBORS THAT DON'T KNOW WHAT IS
GOING ON AND THEY ASK ME, AND I DON'T KNOW. I DON'T KNOW ENOUGH,
YOU KNOW, I DON'T WANT TO GO AND START Rtii)RS OR SPREAD RIJI)RS,
I'M SURE ....
CLAYTON: I'D SAY, IF YOU HAVE ANY NEIGHBORS THAT WOULD LIKE TO GIVE ME OR
THE MANAGER OR ANY OF THE OTHERS ON COUNCIL A CALL, PLEASE ASK
THEM TO DO THAT. WE'D BE HAPPY TO ....
VAN DYKE: JIM, WE DO APPRECIATE YOU INPUT, AND I IJI)[RSTAND THAT IT ISN'T
NECESSARILY FROM YOUR PERSPECTIVE. YOU KNOW, IT'S VALUABLE,
THERE'S A LOT OF DIFFERENT PERSPECTIVES OUT THERE, THERE'S A LOT
OF CONTROYERSARY AROUND THE ISSUE OF FIREFIGHTERS AND I DON'T
THUIC THIS IS NEW, MD I DON 'T THIIIC IT HAS BEEN NEW, AND I HOPE
THAT WE CAN EFFECTIVELY ADDRESS SOME OF YOUR CONCERNS AS TIME GOES
ON. THAIIC YOU FOR CCIUNG.
ULRICH : OKAY. THAIICS.
• 7 •
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DISCUSSION CONCERNING AGENDA ITEM 12(A) -COUNCIL MEETING 4/3/90 -PETITION TO
INCLUDE CITY'S LAND NEAR MCLELLAN RESERVOIR INTO HIGHLANDS RANCH METRO
DISTRICT 3:
HABENICHT: I WOULD LIKE TO, BEFORE I STATE SOME, WHAT SOME OF MY CONCERNS
ARE, I'D LIKE TO HAVE CLARIFICATION ON THE WATER AND SEWER. WE
DON'T HAVE THE POTENTIONAL WITHOUT THIS AGREEMENT TO PROVIDE WATER
AND SEWER FOR THAT? IS THAT WHAT YOU'RE SAYING?
FONDA: I BELIEVE IT COULD BE DONE BUT IT WOULD BE MUCH MORE EXPENSIVE.
WE WOULD EITHER HAVE TO BUILD OUR OWN WATER PLANT AND SERVE THAT
SMAll, LITTLE ISOLATED AREA OF LAND WITH OUR OWN WATER SOURCE OR
WE WOULD HAVE TO SEEK THE WATER FROM SOME OTHER PURVEYOR. THE
ONLY OTHER PURVEYOR NEAR THERE IS THE DENVER WATER DEPARTMENT, AND
I STRONGLY DOUBT THAT THEY WOULD PROVIDE ANY TAPS FOR THAT AREA .
HABENICHT : OKAY, SO AS IT EXISTS RIGHT NOW THERE, WE WON'T HAVE ANY AGREEMENT
FOR THE WATER AND SEWER THROUGH THE CENTENNIAL DISTRICTS?
FONDA: NO, THIS WOULD PROVIDE WATER AND SEWER THROUGH, THROUGH THIS
HIGHLANDS RANCH DISTRICT, AND HIGHLANDS RANCH PROVIDES IT THROUGH
THEIR SERVICE THROUGH CENTENNIAL.
HABENICHT: OKAY. AH, ONE CONCERN THAT I HAVE WITH RESPECT TO ENTERING INTO
THIS AGREEMENT, IS THAT WE 'RE SUBJECT, SUBJECTING OURSELVES TO
POSSIBLE ASSESSMENTS FOR SPECIAL IMPROVEMENTS, LIKE ANY OTHER
PROPERTY OWNER. AH, IN TERMS, OF, YOU KNOW , OH, BUILDING BRIDGES,
PUTTING IN ROADS AND THE LIKE. ANO I AM CONCERNED, THAT WE , THAT
WE 'D BE GIVING UP OUR, OUR AUTHORITY AS A COUNCIL IN DECISIONS ON
THAT, PROVIDING THEM TO A, TO A METRO BOARD, AND PERHAPS JUST ONE
REPRESENTATIVE ON THAT BOAAO. I'M STill TRYING TO FIND IN MY OWN
MIND , AH, THE REASONS TO DO THAT, BECAUSE DON 'T liE HAVE MECHANISM S
AVAILAILE TO US WITHOUT DOING THIS, AH, FOR PROVIDING THOSE KINOS
Of SERVICES TO THE LAND, LIKE THROUGH JOINT INTERGOVERNMENTAL, YOU
KIOI, AND COOPERATI VE AGREEMENTS?
FONDA: I THINK WATER ANO SEWER WOULD BE YOUR MOST DIFFICULT ANO THE ONLY
SEllER LINES IN THE AREA THAT ARE ANY WHERE NEAR ARE LITTLETON 'S.
THERE AR , AND THOSE ARE QUITE A DISTANCE F!Ot THIS LAND, SO TO
PROVIDE SEWER SERVICE FOR INSTANCE, liE WOULD PROBABLY HAVE TO RUN
A MAJOR SEWER INTERCEPTOR A GOOD DISTANCE AND SO IT WOULD JUST BE
A MATTER OF EXPENS . IT WOULD BE, RIGHT , TH HIGHLAND RANCH
EW R RIGHT THROUGH TH PROPERTY . HAY NO COST TO BRI
Y, AN E ER • W DON 'T HAVE ANY COSTS TO BRI SEWER SERVIC TO
TH PROP RTY , IT 'S ALRlADY TH R .
HA NICHT : BUT TH Y Y II CAN TAP INTO THAT IS, IS TO, TO PETITION TO 8
PART Of THAT DISTRICT? IS THAT T YOU 'R SAYl ?
F WAT R
HA NICHT : Y TO N GOTIAT ITH TH ?
• 8 .
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FRASER:
•
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WELL, LET ME SEE IF I UNDERSTAND YOUR QUESTION A LITTLE
DIFFERENTLY. IF I UNDERSTAND YOUR QUESTION CORRECTLY, YOU'RE
ASKING IF THE CITY OF ENGLEWOOD DOESN'T HAVE THE CAPACITY TO
NEGOTIATE WITH THE METROPOLITAN DISTRICT, NOT AS A MEMBER OF THE
DISTRICT, BUT AS ANOTHER ENTITY TO PROVIDE SERVICES TO THAT PIECE
OF PROPERTY.
HABENICHT: RIGHT.
FRASER:
DEWITT:
FONDA:
DEWITT :
FONDA:
DEWITT :
FRASER :
AND RICK WOULD NEED TO HELP ME OUT ON THIS, BUT IT SEEMS TO BE
THAT OUR POSITION IN THIS PARTICULAR INSTANCE IS NOT QUITE THE
SAME AS THE BODY POLITIC GOVERNING THAT LAND. WE'RE FUNCTIONING
IN THIS CASE AS AN OWNER OF LAND. IT'S AN INVESTMENT WE GOT BY
VIRTUE OF HAVING ACQUIRED THE RESERVOIR, AND OUR ABILITY TO
PARTICIPATE AS A GOVERNMENT EQUAL WITH THEM IS A LITTLE DIFFERENT
THAN IT WOULD BE IF WE WERE THE BOOY POLITIC GOVERNING THAT LAND.
AND, RICK, HELP ME WITH THIS.
WELL, THERE ARE A COUPLE OF ASPECTS ON THIS . AS I REMEMBER THE
AGREEMENTS WITH THE CENTENNIAL DISTRICT, WE DO HAVE THE LEGAL
RIGHT TO JOIN THE DISTRICT, WE DO HAVE THE LEGAL RIGHT TO JOIN THE
DISTRICT PURSUANT TO THOSE CURRENTLY EXISTING AGREEMENTS .
YES.
WITH THAT, THAT APPLIES TO BOTH WATER AND SEWER.
CORRECT.
NOW WITH RESPECT TO OTHER ASPECTS OF DEVELOPMENT, YES, WE ARE
DEALING WITH THIS PRIMARLY AS A PRIVATE PROPERTY OWNER . WE DON 'T
SHED OUR CORPORATE MUNICIPAL STATUS WHEN WE HIT OUR CITY
BOUNDARIES. WE CAN ENTER INTO GOVERNMENTAL AGREEMENTS, WE HAVE
PROBABLY MORE AUTHORITY TO RESIST CERTAIN TYPES OF ACTIVITIES.
GENERALLY, YOU ARE RIGHT, IT IS A CORPORATE ENTITY OUTSIDE THE
CITY, BUT DON'T SHED THAT MUNICIPAL ASPECT, CAUSE WE STILL HAVE
THAT.
I .
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HABENICHT: I GUESS WHAT I'M HAVING, I GUESS WHAT I'M CONCERNED ABOUT IS THAT
WE'RE SHIFTING THE KINDS OF DECISIONS THAT COULD HAVE A FINANCIAL
IMPACT ON TAXPAYERS OF ENGLEWOOD FROM THE CITY COUNCIL, WHICH IS
DIRECTLY RESPONSIBLE TO THESE TAXPAYERS, AND SHIFTING IT TO, TO
PERHAPS MAYBE ONE POSITION ON A BOARD THAT WE'D JUST HAVE ONE VOTE
ON. WHILE IF WE WERE TO CONTINUE WITH THE STATUS AND MOVED AHEAD
SlOWLY AND DELIBERATELY, WE COULD STill MAINTAIN SOME CONTROL. I
GUESS I'M CONCERNED WITH THE liNES IN THE PETITION FOR INCLUSION
OF LAND THAT -AND THIS IS INCLUDED IN OUR PACKET ON THIS -SAID
lAND TO BE INCLUDED SHAll BE liABLE FOR ASSESSMENTS AND OTHER
OBLIGATIONS. THAT MEANS THAT IF PERCHANCE OTHER PORTIONS OF THE
DISTRICT WHICH ARE NOT CONTIGUOUS TO OURS FEEL THAT THEY WANT AN
ACCESS THROUGH THE WAY THAT WE HAVE -THIS IS WHAT CONCERNS ME -
AND THEY WOULD VOTE THAT THIS SHOULD BE INCLUDED IN A DISTRICT AND
THEREFORE, AND IT WOULD BE TO SERVE THE REST OF THE HIGHLANDS
RANCH AREA AND THEREFORE IF THERE WERE NO DEVELOPMENT IN THAT
AREA, THE, AH, THE, AH, BURDEN FOR PAYING FOR THAT WOULD HAVE TO
COME FROM OUR GENERAL FUND OR FROM OUR WATER DISTRICTS. THOSE ARE
THE QUESTIONS THAT THIS RAISES IN MY MIND AND THE CONCERNS THAT IT
GIVES ME. IT AlSO SAYS IN THIS THAT THE ACCEPTANCE OF THIS
PETITION BY SAID DISTRICT DOES NOT CONSTITUTE ANY ASSURANCE FROM
SAID DISTRICT THAT THE lAND HEREIN AFTER DESCRIBED CAN BE SERVED
BY THE DISTRICT. THAT 'S ANOTHER DISCLAIMER THAT HAS -I JUST , I
HAVE A lOT OF QUESTIONS THAT, THEY HAVEN'T BEEN ANSWERED ENOUGH
FOR ME TO FEEL THAT I CAN VOTE IN FAVOR OF THIS. I 'M ASKING FOR SOME HELP.
FRASER: I THINk THAT, MAYOR, IF I MAY? WHEN WE lOOk AT THE OPPORTUNITIES
THAT WE HAVE WITH THIS lAND, OUR ANALYSIS INDICATES THAT OUR
CHOICES REALLY ARE TO PARTICIPATE OR NOT TO PARTICIPATE . AND IF,
IF WE ARE TO NOT PARTICIPATE THE DECISION, THE FACT OF DECISION
THAT YOU'RE MAKING IS WE 'RE GOING TO NOT DO ANYTHING TO P~TE
THE VA LUE OF THIS PARTI CULAR PIE CE OF PROPERTY. AH, I BELIEVE
THAT YOU ARE AT SOME RIS« WHENEVER YOU SAY TO SOMEBODY WE 'RE GOING
TO PARTICIPATE WITH YOU, THEN YOU TAKE AWAY THE NOTION OF ABSOLU TE
CONTROL, BUT IT ALSO SEEMS TO THAT WE AS« THAT QUESTION OF THE
REPRESENTATIVES OF THE DISTRICTS WHO SAID THAT THERE WASN 'T ANY
I DIATE PLANS TO DO ANY DEVELOPMENT IN THAT AREA -WE 'RE lOOKING AT THREE TO FOUR YEARS OUT.
HABENICHT : l GUESS, I GUESS TH OTHER CONC£ THAT THAT RAISES FORM IS
THAT, AH, I LOST MY THOUGHT . lET £BODY £l SPEAK
F A YOU GO FOR
HA8 ICHT :
• JO •
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KNOW ON BENEFIT OF THE TAXPAYERS FOR IMPROVING THE VALUE OF THAT
LAND FOR DEVELOPERS AND ACTUALLY ASSUMING THE IMPACT FEES. BUT IN
SUCH A WAY THAT A LOT OF THE DETERMINATION WOULD BE MADE BY A BODY
OUTSIDE OF OURSELVES RATHER THAN DOING IN THROUGH AN
INTERGOVERNMENTAL AGREEMENT. THAT, THAT'S ...
CLAYTON: YOUR HONOR, IF I MAY SUGGEST TO ALEX THAT I THINK THE FACT IS THAT
WE DO OWN THE LAND, AND THEREFORE WE HAVE SOME CHOICES. WE CAN
SELL THE LAND OR WE CAN MAXIMIZE ITS VALUE AS A LAND OWNER. AS A
LAND OWNER WE WOULD EXPECT TO BE TREATED JUST THE SAME AS ANY
OTHER LAND OWNEH AND THAT'S WHAT, THAT'S WHAT'S HAPPENING. IT'S
IRONIC TO ME THAT WE FIND OURSELVES OBJECTING TO THE KINDS OF
CONDITIONS THAT WE WOULD IMPOSE ON A LAND OWNER IF HE WERE IN THE
CITY. WE'RE ONLY BEING, WE'RE ONLY BEING ASKED TO DO EXACTLY WHAT
WE WOULD ASK ANY LANDOWNER TO DO FOR OUR LAND. SO IF YOU THINK WE
OUGHT TO SELL THE LAND, THEN WE OUGHT TO MAKE THAT MOTION AND DO
THAT, BUT IF WE'RE GOING TO KEEP THE LAND, I THINK WE HAVE A
RESPONSIBILITY TO OUR TAXPAYERS TO MAXIMIZE ITS VALUE, AS A LAND
OWNER. IT'S CLEAR TO ME FROM WHAT MR. FONDA HAS TOLD US THAT
THESE ACTIONS WILL DO THAT. THEY WILL MAXIMIZE THE VALUE OF THIS
LAND AND I THINK THAT'S OUR OBLIGATION AND I THINK THAT 'S WHY WE SHOULD DO THIS.
BULLOCK : ALEX, YOUR QUESTIONS ARE GOOD . I CHANGED MY MIND THOUGH. I
REGRET PLANTING THAT THOUGHT IN YOUR MIND. I CHANGED MY MINDING
IN THAT AGAIN WE 'VE GOT A DIAMOND IN THE ROUGH HERE AND, AND ARE
WE GOING TO MAXIMIZE THE VALUE TO THE CITY BY CUTTING IT INTO TWO
DIAMONDS? OR BY DEVELOPING, POLISHING IT A LITTLE BIT, OR WHAT CAN
WE DO TO MAXIMIZE OUR INVESTMENT . AND I THINK YOUR THINKING IS
GOOD, BUT I THINK IT IS SHORT TERM, RESPECTFULLY, AND I THINK WHAT
WE NEED TO DO IS TO CONSIDER THE FACT THAT THERE 'S GOING TO BE
THAT INTERCHANGE GOING IN THERE THAT 'S ANTICIPATED, THAT THAT 'S
GOING TO DRASTICALLY DRIVE UP THE LAND VALUE SIGNIFICANTLY THAT IF
WE HAVE AT LEAST TH BASIC SERVICES IN PLACE , THAT, AND THERE 'S A
WINDOW OF OPPORTUNITY OPEN RIGHT NOW THAT MAY NOT CCM: AGAIN TO
JOIN WITH TH AUTHORITY, I THI WE CAN REAllY MAXIMIZE THE RETURN
TO THE CITY . BUT YOU 'VE BROUGHT UP SOME VERY GOOD POINTS • THEY 'RE JUST SHORT TERM POINTS .
FRA SER :
• 11 •
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AGRICULTURAL LAND WE WOULD PROBABLY RECEIVE A VERY SMALL
ASSESSMENT IF ANY. BUT THEIR INDICTION, AS THEIR PLANS ARE
WORKING NOW, IS WE WILL NOT PAY ANYTHING ON THE LAND UNTIL WE
ACTUALLY DEVELOP IT ACRE BY ACRE. AND AT THAT TIME WE PAY THESE
CAPITAL ASSESSMENTS, BUT AT THAT TIME YOU'RE ALSO DEVELOPING IT
AND, AH, DEVELOPING A REVENUE SOURCE SO THE REVENUE SOURCE WILL
MORE THAN COVER YOUR, YOUR ASSESSMENT WHICH IS CURRENTLY AROUND
$13,000 A ACRE. WE'RE TALKING SOtEDAY OF THAT LAND BEING MAYBE
S2-S5 A SQUARE FOOT, SO THE $13,000 IS INSIGNIFICANT COMPARED TO
THOSE TYPES OF VALUES. SO, I THINK WE'RE IN A GOOD POSITION TO
NOT TO HAVE A NET OUTGO PRIOR TO OUR DEVELOPMENT. BUT ONCE THE
INTERCHANGE GOES IN WE'RE A PART OF A BIGGER PICTURE THAT GREATLY ENHANCES THE VALUE OF THE PROPERTY.
VAN DYKE: ANY OTHER QUESTIONS?
BULLOCK: CAN I CALL FOR THE QUESTION.
CLERK: DID liE HAVE A MOTION?
MUMBLE, MUMBLE -IT liAS DETERMINED THAT THERE liAS A MOTION BY
CLAYTON SO BULLOCK COULON 'T CALL FOR THE QUESTION .
CLAYTON: I CALL FOR THE VOTE .
VAN DYKE : PLEASE VOTE .
CLERK : LET THE RECORD SHOll SIX AYES, ONE NAY -COUNCIL MEMBER HABENICHT VOTING NAY .
VAN DYKE : THE JIJTION CARRIES . nw. YOU, M . FCID .
• IZ •
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AGENDA ITEM 14(A) -MOLITAR INDUSTRIES PROPERTY (COUNCIL MEETING 4/3/90)
DEWITT: NO. 1, THERE IS A PROPERTY ON THE WEST SIDE OF SANTA FE IN THE
2800 BLOCK THAT'S KNOWN AS THE MOLITAR INDUSTRIES PROPERTY. THAT
PARTICULAR PROPERTY WAS RECENTLY SOLD AND IN THE PROCESS OF THE
SALE A SURVEY WAS DONE AND ON THE WESTERN EDGE OF THE PROPERTY
WHICH ABUTTS TO THE SEWER TREATMENT PLANT, THERE'S A STRIP OF
GROUND APPROXIMATELY, WELL, 600 FEET LONG, AND IT'S TRIANGULAR
SHAPED , AND IT'S APPROXIMATELY 6 FEET LONG ON THE BASE. SO WE'RE
DEALING WITH A TRIANGLE OF 600 X 6 FEET. THIS PARTICULAR GROUND
HAPPENS TO HAVE A CHECKERED HISTORY, BUT THROUGH THE ASSISTANCE OF
MODERN SURVEYING TECHNIQUES AND THE ABILITY TO GO BACK OVER TIME,
WE FINO THAT THERE MAY BE A LEGAL DESCRIPTION PROBLEM WITH RESPECT
TO THE DEED THAT WE GAVE THE CITY OF LITTLETON APPROXIMATELY, OH,
12 YEARS AGO. I'VE TALKED ABOUT THIS WITH THE CITY SURVEYOR, THE
ENGINEERS, THE PURCHASER, AND I TALKED TODAY AGAIN WITH LARRY
BURKOWITZ AND THE CITY MANAGER, AND IT LOOKS LIKE YOU'RE GOING TO
SEE A RECOMMENDATION THAT WE QUIET TITLE TO THIS BY GIVING A DEED
TO MOLITAR INDUSTRIES SUCCESS FOR TITLE ON THE PROPERTY. WHAT I
WANT TO DO IS IS TO ALERT YOU TO THIS PROBLEM SO YOU KNOW IT 'S
CCIIJING, AND I'll GIVE YOU MORE BACKGROUfl). HOW MUCH BACKGROUND DO
YOU WANT? DO YOU WANT A DRAWING OF THE PROPERTY? I KNOW YOU
DON 'T WANT THE LEGAL DESCRIPTION, BUT DO YOU WANT A DRAWING? I
INVITE YOU TO TAKE A LOOK AT THE PROPERTY .
THAT SHOULD BE CONING UP IN A COUPLE Of WEEKS, SINCE II£ HAVE LIT -
TLETON 'S CONCURRENCE ON THE MATTER NOW AS CO -OWNER Of THE BI -CITY
PLANT .
AGENDA ITEM 14(B) -DENVER WATER BOARD (COUNCIL MEETING 4/3/90)
OOIITT : A SECOND MATTER THAT HAS COME UP HERE IN THE PAST MONTH IS THE IS -
SUE Of DENVER'S ACCOUIOING FOR WATER THAT THEY RHEAS£ INTO CHAT -
FIELD. WHAT HAPPENS IS IS THAT DENVER WILL NOT ACCOUNT FOR THAT
WATER WITHIN A RELATIVELY REASOIIAILE PERIOD Of TIME WHICH WE
BELIEVE TO BE APPROXIMATELY 4 FOURS. THE WATER ATTORNEY HAS RECOM ·
MENDED SUIT ON THIS , liE DISCUSSED IT JUST BEFORE THE LAST WATER AND
SMA IOARO MEETING FOR AN HOUR OR 'NO, IN THIS PARTI CULAR INSTANCE
NOW , THERE MY BE THE POSSIBILITY OF A SETTLEME NT THAT WI LL AVERT
THE NEED FOR A SUIT. liE DON 'T KNOW, IT MAY COME UP AT THE NEXT
WATER , IT MAY COME UP AT THE NEXT COUNCIL MEETING. I'M PRESSING
HARD TO RESOLVE TH MATTER . IF liE CAN GET AN ACCOUNTING ANYIIHER
NEAR FOUR HOURS, IT WOULD IE A SIGNIFICANT SAVINGS IN REVENU FOR
TH CITY, AND EXPENSE TO THE CITY AND 'RE TRY lNG TO ACCOMPLISH
THAT , SO WE 'll SEE WHAT HAPPENS .
• l3 •
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CITY COUNCIL AGENDA STATUS REPORT
FOI THE APRIL 3, 1990 CITY COUNCIL NEETI.
Agend1 Originlting
lte. Dep1rt~nt Description Action hken
SA FINANCE
6Ai CMGR
6A ii CMGR
6Bi CMGR
6B if CMGR
7A R
COUNCIL MINUTES 3/19/90
(KOLTAY)
MAYOR AIIOJNCED TOWN MEETING
MAY 15, 7:00, SIIICLAJR MIOOLE SCHOOL
APPROVED 7-0
VAN DYKE NOVED TO RESCHEDULE THE APPROVED 7-0
5/7 REGULAR MEHIIIG TO 5/1 (TUE~Y)
DUE TO LACK OF QUORUM
WIGGINS INQUIRED ABOUT HAVING THE
FIRE CHIEF'S ASSOCIATION COIDUCT
A STUDY W/0 CHARGE REGARDING FIRE SERVICES
HATlWMY INVITED COUNCIL MOeERS
TO ATTEND THE •cLAD BAGATHON• TO 8£
HELD APRIL 7TH , 10 -2 P.M., MI L HIGH STAOillt
ROG R SHOOP NOT PR S NT AS
SCH DUL D. CERTIFICATE Of APPOIN NT
AS R Of P IIIIi & ZONI WAS
GIVEN TO HABENICHT TO PR SENT TO SHOOP
. I •
0 1·0
0
follow -u
COPIES TO BE DISTRIBUTED
NOTICE TO 8£ PUBliSHED IN
SENTINEL ON 4/12/90
FRASER INFOAMED COUNCIL THAT
A PRESENTATION BY TWO
DIFFERENT GROUPS IS PLANNED
FOR A FUTURE STOOY SESSION
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88 CMGR JIM ULRICH , 4580 SOUTH HURON, SPOKE
ABOUT HIS CONCERNS REGARDING THE
FIRE SERVICE IN ENGLEWOOD
9A CMGR RESIGNATION OF ALICE HANSON AS ACCEPTED 7-0 STAFF TO DETERMINE IF ALTERNATE NEMBER OF EURA ALTERNATE MEMBER IS NECESSARY (BULLOCK)
98 CMGR PROCLAMATION 4/22 -29/90 AS "DAYS APPROVED 7-0 OF REMEM8RMCE Of HOLOCAUST"
(BULLOCK)
12A UTIL CBI12 INTRO . BY CLAYTON APPROVED 6-1 (HABENICHT) CB TO BE PUBliSHED 4/S/90 ; PETITION FOR INCLUSION Of l.NI) SECOND READING 4/16/90 TO HI GHL.AII)S ltMOt ftETROf'OliT All
DISTRICT NO . 3
(CLAYTON)
128 ca... on CBI13 INTRO . BY BULLOCK APPROVED 7 -0 CB TO BE PUILISH£0 4/S/90 ; AGRtEftENT WITH CLEYETRUST , ETAL SECOND READING 4/16/90 RECiMOING CCII)OINATJON Of PROPERTY
FOR ENGLEWOOD PARKWAY
(BU LLOC K)
12C UTIL APPIOY £0 7 ·0 CB TO B£ PUBLISHED 4/S/90;
READ I 4/16/90
1 0
1 A UTI ~IIOV£0 1·0
•
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0
138 CMGR FRASER ADVISED STATUS OF DIESEL FUEL
LEAK AT SERVICENTER
14A CATTY DEWITT ADVISED COtiiCIL Of POSSIBlE
PAOBLEJII WITH LEW. DESCRIPTICII
Cll NM.ITAR PROPERTY (WEST SIDE Of
SANTA FE)
148 CATTY STATUS Of POSSIBlE SUIT AGAINST
DElVER tMTER IOMD (TINE Ill MHICH
TO ACCOIIIT FOR tMTER RELEASED AT
CHATFIELD)
14C CATTY fi»TICII BY CLAYTCII TO COICLUD£ APPROVED 7-0 LITUiATICII WITH FPPA; MO,ZOl.IO
CH£CJC RECEIVED
140 CAm TRMSIU TTED COPY Of DElVER POST
ARTICLE COICE.UIIi EFFICIDICY Ill
50VE-.oll
PR£500 : All SEVEN ME*RS
AOJOI.O : 1 :40 P.M.
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
1. Call to order.
2. Invocation.
APRIL 3, 1990
7:30 P.M.
3. Pledve of alleviance.
4. Roll call.
5. Minutea.
~.-u£ (a) Minutea ~~evular ... unv of March 19, 1990.
--rr::;:o •. -.. 1 .,-.. ,~ (--t,; =~.H?~rd~ioo)
;;M;/1 {41(o) ~_%· ~ _... •7 ))-~ (a) Mayor' • ChOke. ~ ~ _ ,_ 7,.( / --A{)~
(b) council lleaber•a Cboice.(~)'OttJt..E' :Mul~.l-~ ,('4'•~4.
(1/XI' ')Af~~ a#aC<l'M~.t:';'&!. -e0
i!-7 -'1. ~ -/() .;z )'-7. Pre-Scheduled Viaitore. (Pl .... llait your ~ .. ntation to ten ainutea .)
(a) Mr. Rover Shoop v111 be in attendance to ac p hie of-
ficial appointaent to the Plannin, and Zoninv c ia-aion.
•on-Scheduled V1a1tora. CPleaae l1a1 your pr ntation to tive ainutaa.)
()
D
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City Council Aqanda
April 3, 1990
Paqe 2
co .. unicationa and Proclaaationa.
(a) Latter froa Alice Hanaon indicatinq her raaiqna~ion fro• Ahtl}~ El)q).avood .. ,,.Pr~ap Renewal Author!~. ~~ _, __ / ~ atvmd, ~lf.L :l'lUd ~Wzd.PI'"ur,--6. ~ ·
(b) Proclaaation declaring the veai of April 22-29, 1990 aa
Daya of Reaeabranca of the Victi•z• of tha Holocauat. ~~t'
10. Conaant Aqenda. •
11. Public Haarinq.
12. Ordinancaa, Raaolutiona, and Motiona.
Reco .. andation froa the Water and Saver Board to approve
a petition for incluaion of land to the Highland• Ranch
Metropolitan Diatrict No. 3. Thia incluaion ia the next
atep in the devalopaant prooaea for Enqlavood'a property
adjacent to the McLellan Reaarvoir. STAFF RESOURCE:
STU FONDA, Director of Utilitiaa. ~*""
(b) Racoa.andation froa the Enqlavood Urban Renewal Author-
it! to adopt a bill for an ordinance qrantinq EURA ac-
qu aition of Firat National lank Property for Enqlavood
Parkway. Thia ordinance would author he an aqre ... nt
grantinq an option to purchaaa a parcel of land at the
aouthern and of the praaent City Hall aite if the City
dacidaa to relocate the City Hall within five yeara.
STAFF RUOUJlCE t ICH IWIUSH, Di~or;_~~~ ~.~ 4 J ~UY
(C )
(d) ndati on f
adopt a b ill for o
ing Ordina Tb i e ... .,....,,t.
llodel 'frattic
tha new l y ... .,..._.
Ml , Oi v 1•ion
I .
City Council Agenda
April 3, 1990
Page 3
•
• •
-Parka and Recreetion eo..iaaion ... tin; of 03/01/90.
-acono.ic Davel~t Council ... tinq of 03/20/90.
-lnql.wooct Orban a.n.wa1 Autbority ... tinq of 03/U/tO.
-lnql.wooct P\lbUc Library loard ... tinq of 03/13/90.
-Planninq and loninq ... tinq of 03/20/tO.
//)~ ·~ ~ d ~~~-~ I (-/ ca::;: ~(f'~~ ~
I . .
•
• •
PUBLIC COIIDT ROSTER
DATE: APRIL 3, ltto
NfY PERSC* MY SPOit • MIIW -._ _. nal FOR A IIAJIIUt OF FIVE
IUIITES. EACH SUCH P£ISGI SHOULD 51. THIS PUILIC CCIIEifT ROSTER, STAliN&
IWE, AIIDI£55, _, TOPIC OF CCIIEifT.
THOSE PERSCIIS H MUll TO SPOit Ill FAVOI OF OR Ill OPPOSJTI• TO A PUILIC
HUll. SHOULD 51. THE APPLICAILE PUILIC HUll. ROSTER.
PlWE PRIIIT.
AIIDIESS
I .
•
• •
IEIBAL --ITDI a.uT IOSTD
DATE: APIIL 3, lttO
lilY PUs. MY SPEa C--~-• ED SUCH PDSGI IIJST Slllt
THIS IOSTD, STATI. IMIE, _.,---ITDI ..a. PLEASE LIIUT YOUR
CCIIIBI'S TO Flft lllllmS.
MSE PDs.S -11181 TO SPEa II FAYOI OF 01 II GPPOSITI. TO A PUILIC
IIEAill., SlaiLD Sl. THE APPLICAaE PUILIC IIEAill. IOSTD.
PLEASE PIIIT.
Blj.._f{:r:z)J/;~ ~~7 f:w
Cl «Jb ;!fl.B!H) Oc=.LL Vt ccv P&BM"
--~----
1. Call to Order
•
• •
EM&LEWOOO CITY COUIICIL
EM&LEWOOO, ARAPAHOE COliiTY, COLORADO
legular Session
Narch 19, ltto
The regular .. eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:35 p .m.
2. Invocation
The invocation wa s given by Associate Pastor Harry Long, Calvary Baptist Church of Englewood.
3. Plecl,. of Allegiance
The Pledge of Allegiance wa s led by Mayor Van Dyke.
4 . loll Call
Present :
Absent :
A quoru. wa s pre s nt.
5. "' ftllt
(a)
IIIJIII.ITU Of
( )
Aho pr s n
A
Council Metlbers Hathaway, Koltay, Wiggins, Bullock ,
Cl ayton, Habenicht, Van Dyke
Non
Ci ty Manager Fraser
Ci ty Attorney DeWitt
CIty Clerk Cr-ow
Director Stanley, Safety Services
Divis on Chief Haugsn ss, Saf ty Services
0 rec or Fr n, fln1netal rvices
UCOIIDO, TO APPIOVE TN(
Hath tg tn , ulloc ,
5 A '
I . .
•
• •
-~ ........ ------~-
EngleWOOd City Council Minutes
March 19, 1990 -Page 2
Mayor Van Dyke announced the next town meeting will be held May 15, 1990, and
stated MOre details will be available in the near future.
(b) Council Member 's Choice
(i) A Resolution ippointing a new mellber to the Plann ing and
Zoning Co..ission was considered. The Resolution w1s assigned a number and re1d by title:
RESOLUTION NO. 28, SERIES OF 1990
A RESOLUTION APPOINTING ROGER SHOOP TO THE PLANNING AND ZONING COMMISSION TO Fill A VACANCY CAUSED BY RESIGNATION.
COUNCIL IIIJEMR HATHAWAY MOVED, Nil IT WAS SECONDED, TO APPROVE RESOLUTIOII NO. 28. SElJES OF 1990.
Ayes :
Nays :
Motion carried.
February 1, 1994 .
The
Council Members Koltay, Hath1way, Wiggins , Bullock,
Clayton , Habenicht, V1n Dyke
None
appointment is effect fve flllllediately 1nd will expire
(ti) A Resolution concerning meMbership dues ($1,250) to the South
Metro Denver Cha.ber of Commerce w1s considered. The Resolution was assigned
1 nu.ber and read by title :
RESOLUTION NO. 29, SERIES OF 1990
A RESOLUTION REGARDING MEMBERSHIP IN THE SOUTH METRO DENVER CHAMBER OF CC»>tERC£.
MYOI VM DYU NOY£0, Nil IT WAS SECOIID£0, TO AHIOVE RESOlUTJOII .,, 29, sons OF 1110.
MYOI VM DYU 110¥£0, MD IT WAS S(COIID£0, TO SUSHII» TH( llUl£5 TO PfMIT lET -
TY UEIA TO SPUit CONCDIUN& MMIUSHIP IN TH£ SOUT'H METRO DOIVD CtWII£1 Of COMOC£.
Ay :
s:
on c rr td .
Co un 11
Clayton,
n
r ol tay , Hathaway , Wlgg n , 8ulloc ,
tc , Van Oy
I . .
Englewood City Council Minutes
March 19, 1990 -Page 3
•
• •
Ms. Keena provided infon~~tion about the political action group, assuring
Council that it is 1 separate entity fro. the South Metro Denver Chamber of
Co.~erce and there h no diversion of 110ney which ~tight be contributed by
Council fro. the Cha.ber to "PAC".
Vote results on approval of Resolution No. 29, Series of 1990 :
Ayes: Council ~rs Koltay, Hathaway, Clayton, Habenicht,
Van Dyke
Nays: Council ~r Wiggins, Bullock
Motion carried.
(iii) A Resolution designating a $1,500 contribution to the
Greater Englewood Cha.ber of Ca..erce was considered. The Resolution was as -
signed 1 nUiber and read by title:
RESOLUTION NO. 30, SERIES OF 1990
A RESOLUTION REGARDING THE GREATER ENGLEWOOD CHAMBER OF COMMERCE.
COUNCIL 1010 NATHAMAY IIOYtD, _, IT WAS Sla.D, TO APNOVl IUOUITJCIII NO .
30, SOlES OF 1110.
The contribution 1110unt, the ..-bership, and the purpose of the two Cha.cers
of Ca..erce were discussed .
Vote results:
Ayes :
Nays :
Mot ton carr ted.
COUftCtl Ntllbers Koltay, Hathaway, Wt91tns, Bt.tllock ,
Clayton, Habenicht , Van Dyke
None
(tv) A Resolution conctrfting 1 $4,000 contrtbuttoa to t South
Nitro Dttlver Chlllber of e-re• Ec011011tc Otvelo,..nt c~ eoastd red .
The Resolution wu autgfted 1 nUiber and read by title :
RESOlUTION NO . 31, SERIES Of 1990
A RESOlUTION REWIOI TH SOUTH TRO DOVER C
O£VEt NT '*~UP.
(C lC
MYOI VM DY11 IT
IU OF ltto.
,TO • Jl,
Vot results :
A1 s : Cou 1
Clayton,
IY :
t on carried. I .
~-'---~·---·--·-..
Englewood City Council Minutes
March 19, 1990 -Page 4
RESOLUTION NO. 32, SERIES OF 1990
•
• •
A RESOLUTION RECOMMENDING THE APPROVAL OF MR. MOREY MELNICK TO THE COLORADO
COMMISSION ON AGING.
COUIICIL REMER HATHAMAY ROVED, MD IT WAS SECOIIDED, TO APPROVE RESOLUTION NO.
32, SOlES OF 1990.
Council ~r Hathaway explained that Mr. Melnick is applying for a position
on the Com.ission; he has been active in various organizations which are in -
volved in senior issues. She felt he would be an attribute to the Colorado
Ca..ission on Aging. Council Me.ber Habenicht inquired if the Malley Center
Board also supports Mr. Melnick's appoint•nt . Ms. Hathaway stated she had
not approached the Malley Center Board for an endors..ent prior to bringing it
to Council. Mr. Melnick was introduced.
Vote results :
Ayes: Council Me.bers Koltay , Hathaway, Wiggins, Bullock,
Cla~ton, Van Dyke
Nays : None
Abstain: Council Me.ber Habenicht
Motion carried . Council Me.ber Habenicht stated she abstained as she would
prefer to have .ore infonaation before offering an endorsa.nt; however, she
wished Mr . Melnick success with his appoint .. nt .
(vi) Council ....,_r Hathaway presented a proposal to direct City
staff to P'Y for transport of a resident of the City when the second rescue
unit of the City Is out of service and cannot be used for .-bulance transport;
further that thh direction ts only until the Federal Fire Statton issue 1s
revl...ect and It h detei'WIIned whether the station will ,....in 1)98n . After
lengthy discuss on and several nts the following .otion wa s offered by
s . tt.th ay and seconded by Mr . Clayton :
IIITIL FUITIIO 1£¥101, TMf: Cln Of lWOD SIW.l NY F. HSIDUITIAL
TUISNIT tiD DISPATCMID n.at TMf: Cln _, -y II TMOSI: CASU KitE
TMf: ~ HSCUE •n IS •r AVAILAIU VITM NYimfl F. TMOSI: SOYICES
H111GACTivt TO n.NY 20, ltto.
ult s .
carr
c n
IC c ll
11oc Clay on ,
t o
I
_ _,__, ___ .......,........, _ __.... __ . __ ~---·-'
Englewood City Council Minutes
March 19, 1990 -Page 5
7. Pre-scheduled Visitors
•
• •
(a) Austin Ga.es, Vice Chainaan of the Parks and Recreation Commission
accepted a procl..ation honoring the Recreation Center's fifth birthday . With
reference to Agenda It .. 12(1), Mr. Ga.es advised Council that on November 9 ,
1989, the Parks and Recreation Ca..ission had voted not to reca.mend the con -
su.ption of liquor by per.it in the Englewood City parks. litter, rowdiness,
noise, and d.-age to the parks wtre a.ong the reasons he .. ntioned when urging
Council not to pursue this course.
(b) COIIICIL IEIIIEI HATIWIAY lltVBI, -IT MAS SECOII)ED, TO DECLARE
APilll 1 -7, 1tto, AS THE •VEEI Of THE YOUIII CHILD. •
Ayes: Council "'-bers Koltay, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried. Vera Montez, Colorado Association of Child Care Providers ,
accepted the procl ... tion. Ms . Montez expressed appreciation for the procla -
•ation and highlighted sa.. of the activities being planned during the "Week
of the Young Child."
(c) and (d) Division Chief Haugsness, representing the Fire Division,
Safety Services, presented Citizen Awards to Carla Balder..a and Ross E. Mcin -
tyre for heroic deeds they had perforlltd. Ms. Baldera .. was honored for
having saved the life of a neighbor 's baby by giving the child CPR. Mr. Mcin -
tyre was responsible for saving the life of an individual who was trapped in a
burning car .
I . lan-sche4ule4 Vtsttors
(a) Or. Gatewood Milligan, Jt7S South Fox Street, Chainaan of the Mal -
ley Center Trust Fund, urged defeat of Council 1111 No . S (Agenda It" 121 )
tch by per.tt wuld allow COftSUIIIItion of alcoholic beverages in the CHy 's
recreational facilities .
(b) Orris Saunders, JUt South Ogdefl Street, representing the Malle y
C nter Advisory Board, also spo e tn opposition to Council Btll No . 5 (Agenda
It 12a) and u~ Council to vote aga inst th is ... sure .
t VII' tty 0 I .
Englewood City Council Minutes
March 19, 1990 -Page 6
•
• •
p.m . on FridAy night. He felt the Center should be open later for the benefit
of the citizens, and he objected to private leasing of the Center. He asked
Council to reconsider their decision to close the facility to make it avail-able for leasing.
(3) Stated he appreciated the two lanes on Oxford, but Asked Coun -
cil to reconsider the bike path on Oxford. He suggested Quincy as An alter -
nAte route.
(4) He is opposed to consu.ption of liquor in the pArks or in any
of the recreation facilities, as he feels it would set a bad exa.ple .
(5) Ca.ented there •ight have been a •conflict of interest• on
the part of Mayor Van Dyke and Mr . Clayton when voting to contribute funds to
the Greater Englewood ChUiber of C~rce and the Econo.ic Developt~ent Group
of the South Metro Denver Challber of Ca.erce as each is a ..-r of the
respective groups.
(6) In light of the probl .. s the City has encountered with hiring
qualified firefighters, he asked why there was no one fro. Englewood attending
the current Fire Acade.y. He ca..ended Council Melber HathAwAy for proposing
pa~nt by the City for a.bulance transport. He c~nted on the need to con -
tinue paralledic service in Englewood as opposed to privAtizing the tran s port
service.
(e) Frank ReMs, 3201 South Lincoln Street, spoke concerning var i ou s traffic probl .. s:
(1) Requested a left turn sigr.al at Floyd/Broadway intersect i on .
He ca..ented this had been brought to Council's attention before and he asked
for an answer. Mr . Fraser offered to .. et with Mr . Re.es and staff to d ter-
•ine the outco-. of his previous request .
(2) Requested a left -tum pocket at East .. n/Broadway intersect ion .
(3) R .. inded Council that at a previous ... ttng a c i t zen had r e -
quested that Council take actiOft of so. kind to clear hrge roc s fro. a
walkway at Darteouth and Santa Fe . He concurred with this request and n ·
de red why t had not been taken care of .
9 . c-..icattons • Procl-ttOM
(a) CCUICIL .._. UlTAY IMO, -IT IMS ~. TO DlC 1liE
MER Of MilCH II -14 AS •JilT Tl DDIUY •
Ay s : Cou r s oltay, y. gg ns ,
Cl cht , v n
1 :
t on cerr
t Oft c rr I
•
• •
Englewood City Council Minutes
March 11, 1110 -Page 7
A,yes:
Nays:
Notion carried.
10. Consent Agenda
Council "'-bers Koltay, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
None
CCUICIL MEIIIEI HATHAIIAY IIOY£D, MD IT liAS S£COIIJ£D, TO APPIOVE COIISEifT AGENDA
ITEIIS 10 (a) TlltOUal (c) AS FOLLOIIS:
(a) ORDINANCE NO. I, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER HATH-
AWAY (COUNCIL BILL NO. 8), ENTITLED:
AN ORDINANCE APPROVING AN AGREEMENT FOR CONSULTING SERVICES BETWEEN GEOTRANS,
INC., AND THE CITIES OF LAKEWOOD, LITTLETON, ENGLEWOOD AND AN AGREEMENT FOR
THE CCIIOI DEFENSE AND SHARING OF TECHNICAL SERVICES BElVEEN THE CITIES OF
LAKEWOOD, LITILETON AND ENGLEWOOD RELATING TO THE LOWRY LANDFILL SUPERFUND SITE.
(b) ORDINANCE NO. 10, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER
BULLOCK (COUNCIL BILL NO. 10), ENTITLED:
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 6, ENGLEWOOD MUNICIPAL CODE
1985, BY I*'OSING A FINE Of $1,000 FOR VIOLATIONS OF SANITARY SEWER PRETREAT-MOlT REGULATIONS.
(c) ORDINANCE NO. 11, SERIES Of 1910, llfTROOUCEO IV COUNCIL MEMBER KOL -
TAV (COUNCIL Bill NO. 11), ElfTITLED:
All ORDIIWICE AUTHORIZING ISSUMCE Of A QUIT CLAIM D£ED TO A PORTION OF THE
REAL PIOPERTV 101 TN£ llfTEIS£CTION Of FOl STREET Ml) IMSFIELD AVEIIJE . (C . J . Ml) IWICV ~-)
A,yes : COUftCtl Mlllbers Koltay, ~tha.ay, Wtggtns, Bullock ,
Clayton , ~betltcht, Van Dyke
Nays :
to n carr i ed .
11. Ntl tc Httrlftt
pu l tc hear ng
12 . ONf~.
ul •
luttont .... llotl.ont
r provided qf'Mftd nfo ton tOfte n~tng a
for t con Ullft ton or al coholic btv r t n
r 1 peratt 'roc s , Aft r t ro I . •
-
Englewood City Council Minutes
March 19, 1990 -Page 8
•
• •
Ayes: Council Members Kol tiy, Hathaway, Bullock, Clayton, Van Dyke
Nays: Council MeMbers Wiggins, Habenicht.
Motion carried. City Attorney DeWitt asked Council's intent regarding this
matter. Specific directions were not given, but Council Member Clayton re -
quested that an ordinance be drafted which would give a clear Message to the
Downtown Develop.ent Authority concerning whether or not alcoholic beverage s may be served at the upca.ing festival.
(b) Director Fre..an presented a reca...ndation fro. the Financial Ser -
vices Depart .. nt to adopt a resolution aMending the 1989 budget of the Genera l
Fund and the Debt Service Fund (debt pa~nt for the Recreation Center General
Obligation bonds). Ms . Freetnn explained that the action was necessary be -
cause of fluctuating property taxes during 1989 which resulted in funds being
approxiutely SZ9,000 under budget. In order to ca.ply with State statute
require.ents of a legal budget, an adjust.ent of SZS,OOO is required to meet
the actual 1989 expenditures for the Debt Service Fund . The Resolut ion wa s assigned a nu.ber and read by title :
RESOLUTION NO. 33 , SERIES OF 1990
A RESOLUTION AMENDING THE GENERAL FUND 1989 BUDGET.
CCIUIICIL 11010 CLAYTOI NOVED, MID IT VAS Sfca.EO, TO AJINOVE U:SOLUTIOI NO. 33, SEIIES OF 1110.
Ayes:
Nays :
ltotton carried.
Council Mellbers Koltay , Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke
None
I .
Entlewoocl Ctty Council Minutes
March lt, ltto -Pate t
Motion carried.
13. Ctty Manater's leport
•
• •
Mr. Fraser did not have any .. tters to bring before Council.
14. Ctty Attorney's leport
Concernint a question raised earlier in the ... tint about propriety of certain
votes concerntnt the Chlllber of e-re• tssues, Mr. Dellttt info...ct Council
there ts a specific exe.ption in State statute ~n any potential conflict is
identtfted publicly. There ts no question that the potential conflict wu
identified, the exe.ptton applies and, therefore, there is no conflict and no t.,ropriety exists.
• ••••
CIIIICIL ._. .... ICIIJ IMID, -IT IMS SEC ... , ... AD.JOigiiJIT TO 110¥£ rm DKUrlft susr• owa A PDIIJ a Mna.
Ales: Council ......_rs koltay, Clayton, Habenicht, Van Dyh
lays: eo.cn ......_rs Hathaway, Vi~tins, Bullock *tion carried.
15 . ...,...--.t
CIIIICIL ._. vr•ra 1M1D Tl .... The ... tint MJoui'Md at 1:55 II ·•·
I . .
March 20, 1990
The Honorable Suaan Van Dyke, Mayor
City of Enalevood
3400 South Elati
Enalevood, co 8011 o
Dear Mayor Van Dyka:
•
• •
Tbla latter aervaa aa ., official reaianatlon aa an alternate .. ~r of
the Enalavood Urban laneval Authority. I can no lonaer aerva becauaa I
no lonaer ll•e in the City of !nalevoocl.
Tbaak you for appolntina .. to tha Authority. I enjoyed beina a ~r and
hope that .y tenure contributed in aa.e v.y to the aucceaaful operation of the IUIA.
51Dcerely,
~~/ft.~
Allee L.r. laDMD
-·
9 (a)
I • •
•
• -
·-· -·---~-----..
PROCLAMATION
WHEREAS, frCIII 1933 to 1945, six million Jews were nurdered in the Nazi
Holcx::aust as part of a systaaatic progriD of genocide, and millions of ather
people perished as victims of Nazism; and
9 (b)
WHEREAS, the people of the City of Englewood should always relll!llber the
atrcx::ities ocrmlitted by the Nazis ~ that such horTors are never repeated; and
WHEREAS, the people of the City of Englewood should continually
rededicate themselves to the principle of equal justice for all people; and
WHERFAS, the peq~le of the City of Englewood should raaain externally
vigilant against all tyranny and recognize that bigotry provides a breeding
CJrOI.I1Id for tyranny to flourish;
tOl, ~. I, SUSAN VM tMCE, Mayor of the City of Englewood,
Colorado, hereby prcx::l&ia the welt of April 22-29, 1990 u
in the hope that we will strive alwys to overca~e prejudice and inhullnity
through vlallanc:e, e&x:.tion, and resist~.
Gr.lll\ under r:ry twnd and Mal this lrd cS.y of April, 1990.
I .
DATE
Aprtl 3, 1990
IIITIATED IY
STAFF SOUitt
ISSUE/KTI ..........
•
• •
...
COUIICIL COIIIIUCATI.
AIEII)A ITEII
1Z (a)
~ Ordinance for a Petition
to include land into
tho Highlands Ranch Metro Dist. 13
Englewood Wator and Sewer Board
Stewart Fonda, Director of Utilities
Council approval of Petition for Inclusion of Land to Highlands Ranch Metropolitan
District Mo. 3
PIEYIGUS COUIItll KTI.
Tilts uttor was discussed at a study session held on March 12, 1990. J1• Worley of
Highlands Ranch Special Districts and staff ..-bers presented the City's aeq~tsttton
of land, the steps taken to develop the land to dato and the options ava1llblo for
further dovol ~t of the 1 and .
STAff MAL YSIS
Tile land that the City 1s pet1t1oa1"1 to bo hKliiiiM '" the Motropolttu Outrtct
Hos adjacent to Ntlollan .. sorvotr and soutla of C..ty Uno load '" Doutlu c ... ty .
It was acquired tn the oarly 1160s as part of the hlld aequ1s1t10ft for llclollu
Rosorvotr. T1lo land cUMt bo 11secl for rahi"' tM olovat10ft of tho reservoir, but
could bo used for future dovol~t 1• tho Htglalallds lucia area. 111 tlah rettrd,
the land could bo constdored an 1ftvost..nt for the City .
The City taas been ablo to tno.,...stvoly ,....,. tM RKtllary rezoa1"1 . ,1 1"1
for eventual dovtlopMIIt of the property by •pitU·bac , ... Oft t effort o
""''on YteJo COIIPIIIJ. lnelustOR 1.-a •t,..l tta dhtrtct h t nort s
dtvol.,....t process to capttalt~t on t City's t..wes t.
I .
•
• •
On Septlllber 17, 197t, Do1J9las County approved the Highlands Ranch develo~nt Plan
and in 1180 six water and sanitation districts were fo~. Metropolitan districts
are capable of providing services such as fire protection, street i.,rov ... nts,
parks and recreation, .. jor stor. drainage and ... rgency -.dical facilities.
Englewood could participate in the develop~ent plan by a Petition for Inclusion .
Inclusion would enable Englewood to have the advantages of being part of this district for future devela,.ent.
FIIWICIAL
There is no current cost associated with the inclusion into the Metro District 13.
If and when the City chooses to develop the property, certain devel~nt costs are anticipated.
I . .
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•
• •
•
• •
CCU«:IL BILL 00. 12
A BILL PC1t
~?~
AN CRDINN«::E AI'PKWil«; A PETITI~ TO IlCLliE CDTAIN L1H> CHifD BY 'DIE CITY
CF' !2G.!JIXD NE'AR M:r..fU.AN RESER'.IOIR Dm> HIQtLNO; JW«:H ME'DO'CLl'TAN
DIS'IRICT 00. 3.
NIEREAS, the Utilities Department hu entered into a study of certain
real property owned by the City of Englet«:!!d and located near the McLellan ~ir; and
NIEREAS, the result of said study 1110Uld indicate that it is ~iate to petitia'l Highlands Ranch Mlrtropolitan District No. 3, for
the inclusion of said land into said District; and
1tiDFAS, said Highlands Ranch Mlrtropolitan District 1110Uld at the ~Ute tiJie provide to said real estate -wter, ~ .-ld other
llei:Vioes nec:eaaary for the dl!'velqnent of said (X'qlerty;
lOf, 'DtDtEi\i(£, BE IT ~ BY 'DIE CITY CXUCIL CF' 'DIE CITY CF'
fXil.I!J«XlD, ~, AS ll'ti.LaiS:
Sectia'l 1. on. City hereby approvn Petition for Inc:luaiat of lAnd
CMWd bY the City of l!hgltMXId into HiCJhlanck bnch Mlrtropolita'\ District
No. 3.
. Sectia'l 2. on. tt.yor .-ld the City Clerk are twr.by authorized to ai~ ana at~ tm. ~. nece .. ary to join aid District for -.1 in
behalf of the City of l!hglewooc!.
~. r'Md in full, and pu..ct at fint nNidinq at the 3rd of .-u, 1990.
Publillhed M a Bill for 11'1 or-~ at the 5th~ of April, 1990 •
Patricia H. &Ciili, City cleat
icia H. ~. City Cler:tt of the City of ln9lii'IC:IOCI, Oolorll&t),
ty tt..t -.1 fQn90in9 1a a true oapy of a IUl f« In
int:I'OCb:lltc!, r...s in tull, ..s s-ed on flnt XWid1n9 on the lrd
Pa rlcla I. Crow
I . •
•
•
• •
PEliTIC* FOR INCLUSIC* OF I.Afl)
TO: Highlands Ranch Nttropolitan District No. 3
The undersigned, City of Englewod, hereby respectfully petitions the above n-.d
District, acting by and through its Board of Directors, for the Inclusion of the hereinafter described land in said District.
The undersigned hereby consent that the property located in Section 4, To.nship 6
South, Range 68 West and described below be included in said District, and that an
Order -.y be entered in the District Court in and for the County of Douglas, State
of Colorado, including said land in said District, and that fro. and after the entry
of such Order, said land to be included shall be liable for assess.ents or other obligations.
The undersigned represent to said District that it 1s the o.ner of the property
pel"'llnently king included in said District and that no other rrson, persons,
entity or entities o.n an interest therein except as beneficia holders of encllllbrances.
The undersigned acknowledges that acceptance of this Petition by said Dtstrict does
not constitute any assurance fro. said District that the land hereinafter described can be served by said Oistrtct.
The undersigned further ~grees that tt wtll pay the cost of the Inclusion of said
land in said District if this '-tition is accepted, ~ich costs are the costs of
publication of appropriate legal notices, and attorney's fees.
The description of said land situated in the County of Douglas, State of Colorado is as follows:
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lEGAl DESCRIPTION 11
The SW 1/4 of the SE 1/4 of Section 4, Township 6 South, Ranch 68 West of the 6th P.M.; County of Douglas, State of Colorado.
Contains 39.9987 acres, .are or less.
lEGAl DESCRIPTION 12
That part of the SW 1/4 of Section 4, Township 6 South, Range 68 West of the 6th
P.M.; County of Douglas, State of Colorado; .are particularly described as follows:
A strip of land 1,320' • long (N-S) by 22 feet wide (E-W) off the east side of
the NE1/4SW1/4; TOGETHER with a strip of land 20 feet long by 22 feet wide off
the east side of the SE1/4SW1/4, located at the north end of said east side and being 22 feet wide in an east-west direction.
Contain 0.6756 acres, .are or less.
lEGAl DESCRIPTION 13
That part of the NWI/4 of Section 4, Township 6 South, Range 68 West of the 6th
P.M., County of Douglas , State of Colorado ; lying south of the south right -of-way
line of (proposed) State Highway C-470; .ore particularly described as follow s:
COMMENCING at the nort st corner of Se ct i on 4 ; then ce s. o• 34 ' 55" E. al ong
the st l fnt of th 1/4 of satd Sect i on (bas ts of bear ng s ) 1 dfs tan ct of
1,527 .67 f t to the TRUE POINT Of BEGI lNG ; thence N. tt• 43 ' JO " E. para ll el
wi th the north line of said · l /4 a dhtance of 311 .26 feet to a po i nt on the
south r i ght -of-way lint of (proposed) State Hlg ay C-470 ; thence the fo ll ow i ng four courses along said south right -of -way line :
il S. 6t• 12 ' 30" E. • distance of 1,t17 .15 f t, s. 61' 52 ' ss• E. a distance of 705 .76 fttt,
S. 75' 17 ' 37" E. a distance of 1,123 .43 f t,
N. et• 45 ' 01" E. a distance of 17l .tl f t, ~re or less, to a point on
t east ltne of the SW l/4 1/4: thence S. J• 00 ' lZ" £. alont sai d ea st
Hen a dhtance of 60 .00 fttt to the southeast corner of utd l 4
1/4: thence s. tt• 45 ' OJ" w. alont the south ltne of atd l/4 l /4 a
dt s t 1 of 1,313 .17 ft t to tht aoutheast co r o satd l/4 l /4;
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thence S. 89" 40' 08" ·w. along the south line of the NW 1/4 a distance of
2,663.79 feet to the southwest corner of said NW 1/4; thence N. o• 34' ss•
W. along the west line of said NW 1/4 a distance of 1,377.23 feet to the
True Point of Beginning.
Contains 65.0028 acres, more or less.
lEGAl DESCRIPTION 14
That part of the N 1/2 of Section 4, Township 6 South, Range 68 West of the 6th
P.M.; County of Douglas, State of Colorado; lying north of the north right-of-way
line of (proposed) State Highway C-470; and lying south of the South line of the
Highline Canal; ~re particularly described as follows:
C~ncing at the northwest corner of Section 4; thence S. o• 34' 55" E. along
the west lint of the NW 1/4 of said Section (basis of bearings) a distance of
1,527 .67 feet; thence N. a9• 43' 10" E. parallel with the north lint of said NW
1/4 a distance of 1,237.44 feet to a point on the north right-of-way line of
(pror.std) State Highway C-470; said point being the TRUE POINT OF BEGINNING of
the and herein described; thence the following three courses along said north right-of-way line;
g
3)
S. 70" 38' 46" E. a distance of 1,959.12 feet
S. 59• 34' 10" E. a distance of 498 .31 feet
S. 12• 10' 01" E. a distance of 473 .58 fttt,
.ore or less, to a point on the east lint of the SW 1/4 NW 1/4; thence N. 1" 00' 12"
W. along said east 111ft a distance of 925.90 feet to the northeast cor'ftlr of said SW
1/4 NE 1/4; thtn<e S. at• 42 ' 13" W. along the north lint of said SW 1/4 NE 1/4 a
distance of 916.07 fttt to a point; thtn<e N. 1• 06' 01" V. parallel with, and
330 .00 feet east of, the west lint of NW1/4 NE 1/4 a distance of 861.61 feet to a
potnt on the south lint of the Highlint Canal; thence the following ten courses
along said southerly lint of the Htghlint Canal:
1) N. a1• 58' 04" W. a distance of 21 .64 feet to 1 point of curvature,
2) along a curve to the left with a radius 930 .37 fett and a delta of 2a• 47 '
28" to I point of t1ft9ent,
34) s. &t• 14' za• w. a distance of 515.51 fttt to a point of curvature,
) along curv to the left with radius 181.68 f t nd a delta of 47• 20 ' 55" to a potnt of t ft9eftt,
,5) S. 21" 53' 33• • a distance of 467 .12 f t to a point of curv ture,
) along • curve to t ri9ht wtth radius 142.96 f t and a delta of tt• 06 '
27" to a pohtt of c~ curvature,
7) cont nut~ alont a curve tot ri9ht with radtus 352 .79 f t and a lta of q• 00 57" to a point of taftltftt, a9) N. to• St' 03 W. a dtst of 37t.07 fttt to a potnt of curvature,
) altftt cu to t rifh with radius toi .OI f and • delta of 11" 44 ' 34" to a potn of t t,
10) • t• 14' )0• W. 1 dht t of lM.ot f, t, or 1 u, to t
o t bri cro s1ftt t 11' t to t City of Entl
at r r t a fflld In Or r 67, • tlSi t o• . at rt t 1 to t 1 It dt crt cov a ~ht
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feet; thence the following four courses parallel with, and 40.00 feet
distance fro. the southerly line of the Highline Canal:
1)
2)
3)
4)
S. g• 14' 30• E. a distance of 189.09 feet, .are or less, to a point of curvature,
along a curve to the left with radius 448.06 feet and a delta of 11" 44' 34• to 1 point of tangent,
S. 20" 59' 03• E. a distance of 379.06 feet to a point of curvature,
along 1 curve to the left with radius 392.79 feet and an arc length 194.02 feet;
thence S. 89" 43' to• W. 1 distance of 173.19 feet to the Point of Beginning.
Contains 49.9935 acres, .are or less.
LEGAL DESCRIPTION 15
All that portiOR of the 111/2 of Secti011 4, TCMtshtp 6 South, Range 61 West, Douglas
County, Colondo; lying north of the Highl ine Canal (as recorded in Book II at Page
135, and in loot 93 at P-ve 64 of Douglas County Records) and south of existing
(1983) State Highway 31, also known as County Ltne Road; EXCEPT the following two t parcels :
lot 41, Pl• Valley Subcltvtst01t, ..., vacated, and
that ,.reel described in loot 123 at Page 227 of Douglas County lecords .
Contains 32 .3 acres, ~,. or less.
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3, 1990
IIUTIATm IY
STAFF SOUICE
ISSU£/ACTIOII PIOI'Osm
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COUICIL CCIIIUIUCATIOII
AIDilA ITER
12 (b)
SUBJECT EURA Acquisition of
First National Bank
Property for Englewood Parkway .
Englewood Urban Renewal Authority
Richard S. Wanush, Director of Com.unity Development
Authorize Mayor to execute agree.ent with CleveTrust et al granting an option to
purchase no .ore than 21,267 square feet of land at the southern end of the present
City Hall site if the City decides to relocate the City Hall within five years .
PIEYICIUS COUICIL ACTION
The City Council adopted and approved Urban Renewal Plans fro. 1982 to 1985, which
contained provisions pen.ttting the £URA to exercise .. tnent do.atn authority In l~l ... nting the plans .
On Janu ary 15, 1990, City Council author ized the transfer of $337 ,830 to the EURA to
settle the land cond.-n atton case with CleveTrust and First National Bank of Engl od.
STAFF AMLYSIS
CleveTrust has always contended that th ir In concern regarding the EURA taking of
th 21,267 square feet wa s not th 10netary value of th land, bu th vatu of th
land or par lng . Th y have .atntalned throughout our negotiations that the loss of
par f g space has a long ten. detrl ntal l~act on their ability to lease the
build ng. 8y providing an option to purchas 1 sl•flar a.ount of land adjacent to th fr prop rty, are directly .. etlng their needs .
If th option s x refs d, the existing City Hall property -ould contain, at a
•tnt , 103,748 squar f et or 2.38 cres of l and . This r tntng por ton uld be
hfg11ly ar tab1 for r talt;c rchl uses . 1n addition, -ould have r c lv
5500,000 r Cl veTru t, lch ld 11 abov e .arket vatu , for th op on d
land . th a tached 1/15/90 Counc 1 C nlcetton for eddtttonel d tells .
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The attached agre ... nt will settle all .. tters a.ong the parties. An ordinance is
required because the City is conveying an interest in real property under Article
IX, Section 72 of the City of Engle.ood Hole Rule Charter .
FIIWICIAL
The City has already transferred $337,830 to the Englewood Urban Renewal Authority .
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DATE
January 15, 1990
JNJTJATED IY
STAFF SOURCE
ISSUE/ACTION PROPOSED
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COUNCIL COMMUNJCATJON
AGENDA JTEM SUBJECT EURA Acquisition of
First National Bank
Property for Englewood Parkway .
Englewood Urban Renewal Authority
Richard S. Wanush, Executive Director of EURA
The EURA acquisition of a 21,267 square foot parcel of land from First National Bank
has been in conde•natfon proceedings since 1984. Staff has made an offer of
SSOO ,OOO for settlement and the offer was accepted. We art requesting that the City
Council approve the transfer of S337,830 to the EURA to add to the 5162,170 already co..itted so that the transactio" can be consu.aated .
PREVIOUS COUNCIL ACTION
The C ty Council has adopted and approved Urban Renewal Plans fro• 1982 through
1985 . These approvals peraitted the EURA to exercise i ts .. i nent domain author ity in carrying out the approved plans .
In J anuary of 1989, the EURA presented the issues surrounding th is proceed i ng in
study session and requested that the City Council author ize up to $600,000 for t e
settle nt of this case . The Council was reluctant to specify a nu ber s i nce f t
could influence negotiations . Council dfd, howe er, pledge Its support to ny re asonable settle nt . •
STAFF LYSIS
Th EURA acquired us e of 1 Zl,Z67 square foot portio11 oft e First atio11al a"
property for £11gl od Par ay alld r qu irtd lur11i119 l anes . (Se t attac td p,)
This acqulsi t loll el • nated 4t par iftt spaces on tht first Nat i onal Ban lot . l t
t £u-. de use of the lalld and 111 111 nt f11 act ion as filed in ltl4, t [URA never acqu red t tle to the property.
The £URA 's original in te11t io11 was to strafthtell H 11 Pl ce so that t
fnter tlo11 with South [latt St~t ld bt .. vtd furth r froa U.S. tiS .
Hall st te uld th 11 have 11 r vt100td and a Ct ty Hall located el1
The l and dt ava fl ablt fr strefghttll fftt H 11 Plac uld t 11 tr t l elld taktll fr Ffrs tf011al •
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Subsequently, downtown development plans changed and discuss i ons regarding the land
exchange were put on hold. With potentially large legal fees in a condemnation proceeding, there was no motivation to proceed.
We have recently reopened negotiations with CleveTrust, the party responsible for
following through on the condemnation proceedings. Since we could no longer
guarantee the City Hall site, a straight land exchange was out of the quest i on .
Appraisals were done on both sides and ranged from ours of $315,000 to theirs of
approximately S1,200,000. Because of costs of condemnation proceedings and the
uncertainty of the outcome, CleveTrust and staff have agreed to a price of SSOO,OOO.
Since the EURA has already depos ited the sum of $162,170 with the Court, an
add i tional S337,830 is needed to consummate the deal. The EURA has no available
funds of its own, and is requesting that the City transfer S337,830 to the EURA.
Since we could not guarantee to CleveTrust that we would vacate the existing City
Hall site within any given time frame, we proposed that any agreement exclude any
language relating to a land trade. It was our feeling that any agreement should be
final, without contingencies. It is difficult to anticipate problems that may arise
over ti .. so it is generally wise to come to a conclusion. Also, if the City did
decide to relocate and .. ke the land available for development there would be more land.
CleveTrust responded by saying that they wanted "exchange• language in the agreement
that would give the• an option to purchase an equivalent amount of City land if the
City Hall were to relocate. In addition, they would pay the sa .. amount (SSO~OOO)
we paid for their land •inus the cost of constructing a parking lot. We agreed to
forward this proposal to Council if the cost of the parking lot were borne by them. They agreed.
I have already pointed out so-. negative aspects to agreeing to "contingtncies•. There are also the following positivt aspects :
1.
2.
3.
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The agre nt is only for five years. It has a def n te end .
e uld vacate a portion of Ha~en Place first, then transftr tht land to
CltveTrust. Half of the vacation would revert to the C ty ich would then
btco.e part o~ the approxi .. tely 21,267 square feet that would be sold .
e 111 recefvt 10re -oney for the l and than if it re sold at r et
alue . (Ass fng relatively stable land valu s over t e ne t five years .)
vf"t t intersection at H en Place and South Elati Street further nort lps • t gate a current traffic probl
S.. Staff Aftalysts .
tote1 oat oft pro rty a ssoo .ooo . Sfftee Slfl,l70 ta awatl blt f .. ' t Ctt I to transf r nn. 0 to t [UIIA
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AGUEMENT
THIS AGREEMENT, dated this day of January, 1990, by and
between ENGLEWOOD URBAN RENEWAL AUTHORITY, a Body Corporate and
Politic of the State of Colorado ("EUR.A"), Petitioner, and FIRST
NATIONAL BANK OF ENGLEWOOD, COLORADO, a National 3anking
Association ("FNBE"), AMERICAN NATIONAL INSUN.NCE CO:-!PA.NY, a Texas
Corporation ("A;nerican National"), and CLEVETRUST REALTY INVESTORS,
a Massachusetts unincorporated association ("CleveTrust"),
Respondents, and the CITY OF ENGLEWOOD, a Municipal corporation of
the State of Colorado ("City").
1/EEREAS, EUR.A, F~JBE, AJterL:an Nat.io:1al a :1 d C_evel'rust. are
parties to pending litigat.ion concerning a condemnation by E~RA of
property in which FNBE, Alnerican National and CleveTrust have an
interest, said litigation being en.titled Enolewood Urban Re newa l
Aut horikY v. First National Bank of Enolewood, a ~at~onal aank i:1o
Associakion. et al., Case No. 84 CV 1429, District Court, County o!
Arapahoe, State of Colorado ("Pending Litigation"); and
WHEREAS, the parties hereto desire to ~esolve the disputes
underlying the pending litigation to the fullest extent poss ible
and to reach a settlement of that claim and the causes of act ion
asserted or permissible therein, and to that extent have
concurrently herewith executed a Consent to Entry of Rule and Orde~
in that action.
NOW THEREFORE, for and in consideration of
contained within the Consent to Entry of Rule and
herewith, and the te~ms and mutual agreements
contained herein, the parties agree as follows:
the ag~ee:nent s
Order executed
and covenants
1. Simultaneously with the execution and delivery of this
Agr ement, F BE, American National and CleveTrust shall exec~ e and
deliver to EURA a Consent to Entry of Rule and Order agree~ng to
the c:nde~a~:cn of t~e property desc~ibed i:1 the penc:.ng
lit gat:.on n t!te total' mount of $494,900 . As prov1ded by the
Consen o tn ry of Ru.e and Order, the 5494,900 may oe w1 hdra n
fro the Co rt eg atry by chec pay ble to ~ eriean ationa !or
application ga nst the mortgage ~e d by k er1can ationa on •he
Fnst Ja~!.cnal an..t ot tng.ewood a i d1n . A !cr. o! : .• e Ce::ser.:
to Entry c! .e an Order :.s a:: ched he:et:> as Exn ':>:.t. A.
F rther, EU. , C eveTr~st, ~er1ean at:.ona and F'-E h v
a thor1zed he r counse o! record to agree to an approve as o
!ortft a proposed ule and Order to be entered n the p nd.n
litl.ga ion.
2. As total eo p naation !or any appraisal or exp rt coats,
EU~ grt t to re~mburae Cling r ' Co pany for an appra aal ot th
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propercy being acquir ed in the penc:~g litigation in t~c a~c~n~ ~
$9,000. EURA also agrees to reimburse FN3E i n t~e amount of S2,200
for its appraisal costs in this ~atter.
3. In addition to the consideration identified in the
Consent to Entry of Rule and Order, EURA and City agree tr.at
CleveTrust or, if CleveTrust fails to exercise the option, FNBE
shall have the right and option for a peri o d of five (5) years from
the date of this Agreement to purchase one of the parcels of land
selected by the City at the ti~e the City relocates, as depicted in
Exhibit 3 attached hereto, provided that said option may nee ce
exercised by C.eveTrust or FNBE unless City rel ocates all of its
offices and services out of its existing offices, in which event
City shall immediately give CleveTrust and FNBE notice that the
parcel referenced in Exhibit B is now available to CleveTrust or
FNBE . The purchase price to be paid by CleveTrust or F. BE for said
parce l would be $500,000. If CleveTrust exercises the option and
acqu ires tit.e to the property dep icted in Exhibit 3, CleveTrust
shall convey the land to FNBE which shall then inc ude the
add itional land in the Land Lease for the Bank Building Property
dated as of Jan ary 17, 1969, as amended, and C.eveTrust shall a.so
include the additional land under its Space Lease sublease w1:h
FNBE, with each party agreeing that there shal l be no increase 1n
rental due under said Land Lease or the Bank Sub ease, prov1ded
however that CleveTrust shall have the right to incre ase l.tS
outstanding mortgage on the leasehold improvements by the amount of
the purchase price set forth above, whether at the t ime of purchase
or in connection with a later refinancing, F BE agree1ng to
subordinate a o! its land which is covered by the Ground Lease to
the increased mortgage in accordance with Article X, Paragraph E of
the Land Lease as amended here1n. I! FNBE exerc ises :he option and
acquires tltle to the land depleted i n Exhibit 3, sa:d land need
not be made availac e to CleveTr\:st under the Land -e se, F. BE
having the so l e right to use said land s it shall d
4. Notw thstanding the foregoing, in the event tha
litigation regard1ng the imp erent. tlon of th s Agr r-ent lS ! : d
by any party her to pr1or to th exp1rat.ion of such opt on p r1od,
the above-ref r~ced per1od r.a l be a tomat.ca ly ex enoed fer an
add tion t e (121 months or !or a per-od wh1ch ce1ne des 1th
the pendency o! t •. e lt!ga ... on, ""hlchever ahal ce greater, bt;t .n
no event aha ~ the op .on p r.od extend and c~nv yance o oe
at r than 2. years !rc te hereof. A.l par:.ea .. o h.a
A;ree-e!"lt agr e t:~at t .. e :::.str.c: o.:rt: n tt':e C.J :: y o! .t.rapaho ,
St te o! Co.crado sr.a.! ce he appropr!ate !or-. !;r re o •• t.cn c!
any d1 p te lth respect to t~~• A<;reement: and eor. en.. to t •. e
)UrlsdlCtlon th reo!.
5. C ty ac no e ges ar.d con!ir. a th t
par 1n;, a!ter t:he acquls on by EU in the Pend n9
(313 p ee I, a s t s!actory nd : exhtin9 :on1n9 r
tor th• present deve op nt ot r t'a r a ning prop rty;
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First National 3a~~ of Englewood 3uilding.
6. CleveTrust Realty Investors is a Massac~usetts busi~ess
trust which is organized to operate as a real estate invest~ent
trust and is governed by the terms of a First Amended and Restated
Declaration of Trust dated as of January 19, 1971, as amended. No
obligation of the Trust is personally binding upon, nor shall resort
be had to the private property of any of the Trustees,
shareholders, officers, employees or agents of t~e Trust, but the
above-described property or a specific portion t~ereof only shall be bound.
7. This Agreement, along with the Consent to Entry of Rule
and Order and Rule and Order attached hereto, embodies and
constitutes the entire understanding among the part ies with respect
to the matters set forth herein, and all prior contemporaneous
agreements, understandings, representat ions and statements, oral or
written, are merged into this Agreement. The provisions of this
Agreement shall be binding upon and shall inure to the benefit of
the parties hereto and their respective successors, heirs,
executors, admin istrators and assigns.
8. The parties acknowledge and agree that this Agreement may
be executed in counterparts, but shall only become a bind_ng
Agreement upon all parties having executed at least five (5) cop!es of this Agreement.
IN WITNESS WH~OF, this Agreement has been exec ted by the
parties hereto or their duly aut~orized representat ves on the cay
and year first above written.
!NGL£WOOD URBAN RENEWAL
a body corporate and politic of
the State of Colorado
ay
•A~1~c~s~a~r~a~s~.~w~a~n~u~s~h~---------------
£xecu t ve Director
OF E GLt OOOJ
a tion a
l y
.,~1~!~~--------------------------
3
AUTH ORITY,
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AME~!CAN NATIONAL INSU~C~ CO~P.~Y, A Texas Corporation
By
~T~i-t~1-e-:--------------------------
CLEVETRUST REALTY I~STORS,
A Massachusetts unincorporated Association
By
:T~i-t~1-e-:---------------------------
CITY OF ENGLEWOOD,
A Municipal Corporation
By
APPROVEoAf>lb ~0"-"""'· ~T~i-t~l-e-:---------------------------
Rick DeWitt
City Attorney
By __________________________ __
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EXHIBIT B
The South 76.46 feet of the North 450 feet of the East 1/2 of the
SE l/4 SW 1/4 sw 1/4, Section 34, Township 4 South, Range 68
West, EXCEPT the West 17 feet thereof as described in Book 632 at
Page 256, County of Arapahoe, State of Colorado, and EXCEPT that
portion of the South 76.46 feet of the North 450 feet of the E
1/2 SE 1/4 SW 1/4 SW 1/4 of Section 34, T.4S., R. 68 w. of the
6th P.M., City of Englewood, Colorado, lying south of the
easement for a public street or highway as described in an
easement grant dated December 1, 1966 from Longmont Company, et
al. as Grantors to City of Englewood as Grantee, recorded in the
records of Arapahoe County, Colorado, at Book 1718, Page 425.
Said parcel contains 21,267 square feet.
NOTE: This description includes the portion of Hampden Place
as described in Book 1718 Page 425.
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. q,r::.~~
313.1
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30' 30'
ENGLEWOOD CITY HALL
(TRACT 122,292t Sq. Ft.) 0
ID
i CTOTAL 125,015! Sq . Ft.)
BLC
t\. 0 '\. ID
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I ~ \ I ~ ~I OP. 0
-1 "· \ ,jl
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(27< . I .,
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EXHIBIT B
The Scuth 127.38 feet of the North 450 feet of the East 1 /2 of
theSE 1/4 SW 1/4 SW 1/4, Section 34, Township 4 South, Range 68
West, EXCEPT the West 17 feet thereof as described in Book 632 at
Page 256, County of Arapahoe, State of Colorado, and EXCEPT that
portion of the South 127.38 feet of the North 450 feet o f the E
1/2 SE 1 /4 SW 1/4 SW 1/4 of Section 34, T.4S., R. 68 w. of the
6th P.M., City of Englewood, Colorado, lying south of the
easement for a public street or highway as described in an
easement grant dated December 1, 1966 from Longmont Com pa n y , et
al. as Grantors to City of Englewood as Grantee, recorded i n t h e
records o f Arapahoe County, Colorado, at Book 1718, Page 425 ,
and except Book 1718 Page 425. Said parcel conta i ns 21,267
square feet.
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··;~r~i ~~.-• ~.~ ;r.~ •• ~~ :
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30' 30'
ENGLEWOOD CITY HALL
(TRACT 122,292t Sq . Ft.) 0
"'
i fTOTAL 125,015! Sq . Ft.)
BLl
t\ 0 I "' I
'"' \ I • ,~
I ,;. .... ~-
~I $., :s ' :z:l \ ... I ~ ~I
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(27 : • I .,
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BY AllllDU'lY
A BILL~
AN CRlDWCE ftR <nE1!N1' 'ro !.limY CF RULE AN> CRlEJt N:;REE:n«; 'ID 'niE
~~ CF PHPER'l'Y IESCRIBI!D IN PPX>IJ«; LITIGATI~.
NIEREAS, the Engle.IOOd Ulban Renewal Authority (WRA), First National
Bank of Engle.IOOd (PNBE), American National Insurance Cmpany (American
National ) and CleveTrust Reel ty Investors ( CleYe'l'rust) are parties to
pending litigation ooncerning a oondelmation by the Engle.IOOd Urban Renewal
Authority of property in which First National Bank of EngleloiOOd, American
National and CleYeTrust have an interest; and
NIEREAS, the parties hereto desire to resolve the disputes underlying
the pending litigation to the fullest extent possible and to reach a
settll!!lle'lt of the causes of action asserted;
t«:M, ~, BE IT CJmMNI'D BY mE CITY CXUCn. CF 'lHE CITY CF
~, CXI.<IIAilO, AS PCLLC.IIS:
section 1. 'ftle ~t be the EngleloiOOd Urban Renewal
Authority, Pint National Bank of EngleloiOOd, lal!rican National Inaur.-w::e
~Y and CleYe'l'rust Realty Investors and the City of &lqlewcod ia hereby
lJR)r'OII'ed. Said ~t ocntain.a rally:
1.
2.
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the date of the Agree~~Ent to purchase one of the parcels of
land selected by the City at the ti.lre the City relocates as
depicted in Exhibits to the Agreement provided that said
~tion may not be exercised by CleveTrust or FNBE unless City
relocates all of its offices and services out of its existing
offices , in which event City shall immediately give
CleveTrust and FNBE notice that the parcel referenced in the
Exhibits to the .1\greenEnt is now available to CleveTrust or
FNBE. '!he purchase price to be paid by CleveTrust or FNBE
for said parcel will be $500,000. If CleveTrust exercises
the ~tion and acquires title to the property depicted in the
Exhibit to the Agreement there are provisions as to and
between CleveTrust and FNBE.
4. Notwithstanding the foregoing, in the event that litigation
regarding the i.nplesrentation of the .1\greenEnt is filed by any
party to the Agr n prior to the expiration of such
~tion, the above referenced period shall be autanatically
extended for an additional 12 IID'lths or for a period which
coinc1. 'W1th the pendency of the litigation, whichever
shall gre4 er bu 1.n no event shall the ~tion period
extend and conveyance later than 21 years fran the
da e c f the n . '1he Agreement also provides tha the
Di Court 1n the Coun y of Ar Colorado shall be
the f orun for resolution o f any dispute with
re
s.
7.
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Section 2. '!he Mllyor is authorized to sign for and on behalf of the
City of Dlqlewod, and the City Clerk shall attest oo behalf of the City of Dlqlewood.
Irlt.rodx:ed, read in full, and passed oo first reading oo the 3rd of April 1 1990 •
Published as a Bill for an OE'dinanoe oo the 5th day of April, 1990.
a-t Van DYke, Mayor
Patricia H. Crow, city Clertt
I, Patricia H. Crow, City Clertt of the City of Dlqlewood, Colora,
henby certify that the .tloYe and fongoinq ia a true copy of a Bill for an ~. introclJced, read in full, and paued oo first reading oo the 3rd
day of April, 1990.
Patricia H. Crow
I . .
DATE
April 3, 1990
INITIATED IY
STAFF SOURCE
ISSUE/ACTI. PIOPOSED
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COUIIC I L COIIIJNI CATION
AlomA ITER
12 (c )
Wat e r and Sew r Bo ard
SUBJECT Pleasant Vi ew
Metlorandum of
Understanding .
St ewart fo nd a, Director of Utilities
Council approv al of the "'-orlndu. of Un6trstandl"9 reg arding the aaintenance of the
sanitary sewer syst .. servift9 the Pleasant Vt Subdivision.
PI£YICIUS aultl l ACTI.
STAff MAUSIS
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FINANCIAL
The City currently collects •aintenance fees fro. Pleasant View residents (the same
a.ount as all residents within the Englewood sewer service area) and pays an annual
fee to Valley for use of its transMission lines. The money that Valley collected
fro. the Pleasant View custo.ers (2 years X SSO X 78 residents · $7,800) can be kept
by Valley as Englewood 's portion of the rehabilitation of the sewer lines used by
Pleasant View. Englewood will repay this MOney to the Pleasant View residents from the sewer fund.
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amnwa oo.
SERIES rR 199_0_
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~ .. ~~" I .,...,..,.-.., ... ~; ..... , ::· .. ~ !... I ·,;"' .
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A BILL fat
au«::n. BILL 00. 20
~}'J,~ !IMD~
AN CR)DINa APPI07DG AN IQEIMDff Wl'Dl VALLEr SMIITA1'ICif DIS'lmCT
(VAU.Er) Wl'Dl '1'111 CITlC rR DGIJ«XX) <XH:I!HIDia 'DIE ~ rR 'DIE
SNa'rMr SliD SYS'mt satVINa 'DIE PLDSANr VIDf SlB)IVISICif (PLEASAtft'
VIDi).
~. a Ocnnectors Agreement bet:wllen the Valley Development
O::llpny .ncS the City of f))glewcod wu signed CXl April 18, 1955, W\ich was
l.ter uaigned to Valley, WU.ch provided ~ for the wastewater
C~UU'ated by Valley and tranaported to the Wastewater Treat:Dant Plant; and
liiiiDDS, !qlpl~ No. 10 to the 0cnnectors ~~~;r-ut wu signed CXl
hbNiry 6, 1963, Wlich allCIWd Pleuant View to be oonnected to the Valley
~~ but not a part of the Valley syste; and
~. certain portiorw of the City are 8erwd through said
districts, but are not in said district; and
tlt!JtDS, it is necessary to pi[OVict. ......r .ervice to said rnidllnts
of Jnqt.wood.
IOf, 'ftiiiCQ(JQ;, • IT ~ BY '1'111 CI'1'Y CXUCIL rR 'DIE CITY rR
DD.IICXlD, ~. 'niAT:
lec:tion l. ,. ··-·t bet:wMn the City of Dlgl~ and the
Valley LftltaiCXl District ... that the follcwin; oonditiorw will liFPlY
to the cperlltiCXl and llllinteMnce of the ......r linn within InC! relating to
PlHNnt Vi.w:
A. 'ftw City of Pngl~ shall ~ retlpOnaible for all
-.inter'lllrlce and rwhllbilitaia'l of the __. linn within
Pl....,t Vi • '1he costs for .uch ~InC!
nlhabil tatia'l shall in ec:cordMoe with the City'• lldopt.e4
1 c:
1. Clty shall ~ to Valley one dollc <•1.00) per .r:lnth per
ocn~ pccperty in Pl.MMnt Vi.w to for the~ of
Valley' a tt\a'lk line end the pcxtia'l of the Valley oollect.iCXl
~ that tr.wports the fr:aa Pl Vi.w to
Valley tr\IM line.
c. Clty Mall p.y • J*'O-l'~ ---foe fftY rWwlb li
that Cll\ the part.ioM ot tht Valt.r ~ t;h,K
~ the tz.:a , ¥WI to tM Valley
""' Cll\ Valley liM ~ to
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the Bi-city Wastewater Treatn:nt Facility. 'lbe pr~ration for
any line rehabilitation shall be based on the m.lltler of
Pleasant View c:ustalers utilizing the line divided by the
total nlmtler of custall!rs using the line.
1. 'lbe proration for any line rehabilitation to the Valley
eyetlm that transports wastewater fran Pleasant View,
between M.H. 158.31.5 at Pimlico Drive and Irvinq Street
and M.H. 158.3 at Federal Blvd. and Union Ave. shall be
bued en the ratio of 78 Pleasant View lots to the total
110 Pleasant View and Valley lots 1olhich access this
line. 'lbe proration is therefore 70."' Pleasant View and
29.17. Valley.
2. 'lbe proration for any line rehabilitation to the Valley
systall that transports wastewater fran Pleasant View,
between M.H. 158.3 at Federal Blvd. and union Ave. and
M.H. 158 in union Ave., west of Decatur Strwt, Wti.ch is
the oonnec:tion to the Valley Trunltline Sewer, shall be
baed on the ratio of 78 Pleuant View lots to the total
322 Pleasant View and Valley lots 1olhich access this line.
'lbe proration is therefore 24.27. Pleasant View and 75.87.
Valley.
3. 'lbe proretion for ... Y line rehabilitation to the Valley
Trunkline Sewl!r fraa M.H. 158 in Union Av.nue to the
81-city WUt41Water ~ F~~eility, shall be baed on
the ration of 78 PleANnt View lots to the t.ot&l
projected trunk line UNge of 3,366 equivalent -.r
tlipe. 'lbe proration is therefore 2.3\ Pleasant View and
97.77. Valley.
'lbe City shall howe the authority to ~ or di.~ all
such rehabilitation projects pdor to cy wert( beinq
Wtiated.
o. f cr asaes t1 !or sanitary ......u maintenance or
rehabilitation projects shall be ~ by Vall.-y to the
PC'QPert " within Pl ...,t Vi-.r without pdor an:.hodzation
f the l'J'Iglewood and lou-d.
E.
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U&eSall!nts to the Pleasant View property owners. Valley
shall release all liens at properties in Pleasant View placed
for ncn~t of the annual assessments.
Section 2. '!he Mllyar lh1 City Clerk are hereby authorized to sign and
attest, r:e.pectively, the Al)re!IM!at bet:wen the City of Englewood and the
Valley Sanitatiat District ooncerni.ng Pleasant View Subdivisiat for and on
behalf of City Council and the City of EnglftiOOd.
Int.raclJced, read in full, and puaed at first reading at the 3rd of
ltpril 1 1990 •
Published u a Bill for an ordinance at the 5th day of April, 1990.
~ Van DYke, Mayor
Patricia H. crew, City Clerk
I, Patricia H. crow, City Clerk of the City of EnglftiOOd, Colora&>,
hereby certify that the above lh1 fortiC)Oinq is a true copy of a Bill for an
Or'dinance 1 introclJoed, f8lld in full 1 and paued at first reading at the
_day of , 1990.
Patricia H. crew
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~EM O R A NDU H OF UND ER ST AN DING
This Hem ora~dum o f Unders andinq, signed this Cay c ~
1990. be ween he Ci y o f Enqle~~o d IC!tyl a J he V~lle~
Sanitati on Dis tric IVa ley), concerns the rai :-~t enan;e of t .e
sanitary sewer sys em s_rvi~q he Pleasan View Su~jlv!s!)n
!Pleasant View l
WHEREA S . a Conne c ors Aqre men be w~ n he ~~l.ey ~e,e!,~r e"
Company and the Cl y was signed o n April 18. !955 , wh i'='l. w:~s Ia er
assigned o Vall y , which provi ed rea men !o r he w~~ _water
generated by Val ley a d ransported o he Was ewa er Trea ~en
Plant , and
o he Ccnnec ~rs A~re•~-nt was s !Qr •j
allow d Pleasan ViA o te c~nn c ej ~
... a par~ of he Va 1 1 co" y s
NOW THEREF ORE, h City and Valley agre
condi ions will apply :h e o era~lc~ and rain
lin s wi h n and r !at~ 9 to Pleasan Vie :
~11-:::w :10
se~o; r
an
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b . The proration for any lin e rehabilitat ion tc the V~ll ~y
syst~m that transports wast~water f rom Pleasant View
between H.H . 158 .3 at Federal Blvd . and Union Ave . and M.H .
158 in Union Ave .. west of Decatur Street . whi ch is the
connection to the Valley Tru nkline £ewer, shall be b~s~d on
the ratio of 78 Pleasant View lots to the total 322 Fl~asant
View and Valley l o ts whi c h access this l ine. The ~r c =&ti o n
is therefore 24.2\ Pleasant View and 75 .8 \ Va lley .
c . !he pro rati o n for any line rehabilitation to the V&lley
Trunkllne Sewer from H .H . 158 in Uni o n Avenc e t o t~~ 5!-~!~y
Wastewater Treatment Facility, shall be based on the ratio
of 78 Pleasant View lots to the total pr ojec ted t~~r.~ !lne
usaqe of 3,366 equivalent sewer taps . The pr o ra ion is
therefore 2 .3\ Pleasant View and 97 .7\ Valley .
The City shall have the authority to appr ove or disa p~rcve all
such rehabilitati on projects prior to any wo rk beinq initiated.
4 . No fees or assessments for sanitary sewer maintenance or
rehabilitati on projects shall be made by Valley o h~
properties within Pleasa nt View without prior auth o r i:ati~n
from the Enqlewood Water and Sewer Board .
5. Valley has already performed rehabilitat ion projects on the
portion o f the Valley s y stem hat transports he waJ e~--~=
from Pleasant View o the Valley r unk line . In par icu!~r
that part o f the system that has been rehab ili ated is :h_ 3
inch sewer main in Union Ave . fr o m H.H. 158 . l, we st of -ecatut
St ., t o H.H. 1 58 .3 in Fe d ral Sl vd. Be cause the pr ~-=~-e ~
a110unt of thh rehabilitation work 11 approximrately S !C'O per
pr opert y in Pleasan View, and Va lley has previo usly :ss~ss.~
and col lec ed wo 121 annual fees o f S 50 for rehab il :a on
projec s fr ~ he property owners in Pleasan Vl•~ v~.:~v
shall reta n any funds previ ousl y collected from he e
asses T Ci y shall refund h~ annual a ce ss •~·3 ·c
he P easan Vi w proper y o wne s . Valley a all rel l.e a
11 ns o n proper •• in Pleasa n Vi w pla ced !.r ~;n ~-¥~ n •:
he nnual •••••• n a.
Val lev
J.•tes 1 I • •
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PLEASANT VIEW LOCATION
1700 I .
1100 •. "·····
City of Englewood
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DATE
April 3, 1990
INITIATED IY
STAFF SOURCE
ISSU£/ACTIOII PIOPOSED
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COUNCIL COMMUNICATION
A&EJI)A ITEII
12 (d)
SUI.JECT Municipal Ordinance
a.ending the Unsafe
Backing Ordinance
David C. Miller, Police Division Chief
Division Chief Miller
Tht Modtl Traffic Codt hal ~n adopted by tht City of Engl.wood, and is currently
used to tnforct all traffic laws ~lating to city stre.ts, as well as sa-e private
property. T~ Modtl Traffic C~ cur~ntly only allows us to tnforct ctrtain
traffic violations on privatt property. In 1989, t~ Stat• of Colorado ... nded
statt laws to allow •unsafe backing• to be charged on privatt property. T~
proposed ordinanct addition ... nds t~ Model Trafftc Codt to allow our offictrs to
charge unsafe backtng cttattons tnto Englewood Municipal Court.
PUYIOUS CCUit I L ACT lOll
Mont.
STAFF MALYSIS
A .. jortty of our private property acctdtnts involve unsaft backing . Our currtnt
option, wtthout tht proposed ordtnan<t ch ange, only allows us to cttt violators
charged wtth unsafe back ng tnto Arapahoe County Court. T~ proposed ordinance
chang would allow our officers to cttt violators tnto Englewood Muntctpal Court
where any fines collected would go directly to tht ctty.
,
'•••ate of t~ ordtnan<t should have •tnt .. l ftnanctal t.,act. It wtll tnc~ast
ftMI collected via the .,..tctpl court *" thh vtolatt• h charged INI prtvatt
property acctdeftts. The ordt• t chutt siMMild also decrease, to a 11 degrtt.
offtcer overtt• for court purpos s.
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BY AlmDUTY
<JU>IlWCE 00.
SERIES OF 1990--
A BILL FCR
~ <JU>DWCE AMIH>DIO TI'ILE 11 I CliAP'l'm 1 I SfX:TIOO 1 I DGD«JCD KJNICIPAL ceDE
1985 I RELM'IKi TO KDEL TRAFFIC ceDE I LIMITATIOOS 00 BH:Kil«i Km:R VflfiCl.ES.
~. Englewood City Council adopted M:>del Traffic Code for Colorado
~cipalities by Ordinance 8, series 1986, with certain exceptions; and
~, Section 42-4-112 Coloraoo Revised Statutes was recently llllll!nded
to apply limitations on bac:kinq IIIJtor vehicles to certain types of private
property as well as to ~lie streets; and
toltEREAS, the present traffi c ordinance of this City relating to bac:ldng
by IIIJtor wh.icles applies to public streets, should alao be ~Allied to certain
types of private property;
Sectioo 1 Title 11, 0\apt.er 1, Sectioo lB Englei«<Id .uticipal Codll 1985,
b herebY -ided by adding a new sut.ection B. 7. u follcws:
11-1-l : lliXrl'ttM ar am:
B. 7. SfX:TIOO 2Q-6 ARTia.E XX KD:L ~C CXIE IS IElEl'tD •
• ....... a-6 ........ ,_ ...,, ..... ---Q-.. e& ... .t'-!o ... --.... _. ... ..,. _.-............. _.._ ..
1 11'.. II II F OJilF·~........ is • Web 1
' a , ,,.. _... ..,._, • U'· ..._ '---•!-.. • J' Ita ... , .. .,,,.... en 'tt1,~
is
8.8.
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Introduced, read in full, and passed on first reading en the 3rd day of
April , 1990.
Published as a Bill for an Ordinance en the 5th day of April, 1990.
Susan Van oyJCe, Mayor
Attest:
PatriCia H. Crow, city clerk
I, Patricia H. Crow, City Clerk of the City of lb]l4NCOd, Colora&,
hereby certify the III:Jove is a true CXlF'Y of a Bill for an Ordi.nance,
introclJced, read in full, and paned on first readinq en the 3rd day of April, 1990.
Patricia H. Crow
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DATE
April 16, 1990
INITIATED BY
ST AFF SOU RCE
ISS UE/ACTION PROPOSED
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COUNCIL COMMUNICATION
AGENDA ITEM
Wate r and Sewer Board
SUBJECT Purchase of Curtain/
Floating Baffle for
Allen Plant Reservoir.
Stewart Fonda, Director of Utili t ies
Council approval for the purchase of a curtain/floating baffle for the Allen Plant Reservo i r.
PREVIOUS COUNCIL ACTIO N
Dr. Willi am Lewis was retained in June, 1989 to conduct a one year study on the Allen Plant Reservo i r qual i ty.
STA FF ANA LYSIS
tex
BA CkGROUND
fJNA CIA
io s or t loatlng tff1t/curtatn-r
btds or t curtain incl ding th d 11 1 optd b t
nd tnst1lht1on I . •
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Thermo Fab .................... $40,000.00
Environetics .................. $54,886.00
Douglan Construction .......... $66,000.00
RECOPIPIENDATION
City Council approval of the bid from Thermofab, Inc., represented locally by Gobal
Sampson at a price of S40,000 .
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Englewood City Council Minutes
April 3, 1990 -Page 4
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.r Cu~G ut{,1 J. L . } \. \, &t tp(,} {)v --rt{/V-Y-~
v.:1 !}" ,!h.J-, ~; c !l,} r L 1
/ Q;v (Vv ll ~ 0
(a) Director Fonda presented a recommendation from the Water and Sewer 0'
Board to approve by ordinance a petition for Inclusion of land to the High -
lands Ranch Metropolitan District No. 3 for all municipal services provided by ~
the District. Mr. Fonda explained the Inclusion of the land is the next step {)
in the develop~~ent process for Englewood's property adjacent to the Mclellan ~
Reservoir. Alternatives to petitioning for inclusion were discussed, and Mr.
Fonda explained that it would be extremely expensive and perhaps impossible to
provide water, sewer, fire protection, police, etc. all of which are included 4~
and provided by the District. Doing this on our own would make development of -\
the property virtually impossible.
The City Clerk was asked to read Council Bill No . 12, entitled:
COUNCIL BILL NO . 12, INTRODUCED BY COUNCIL MEMBER CLAYTON
A BILL FOR AN ORDINANCE APPROVING A PETITION TO INCLUDE CERTAIN LAND OWNED BY
THE CITY OF ENGLEWOOD NEAR MCLELLAN RESERVOIR INTO HIGHLANDS RANCH METROPOITAN
DISTRICT NO. 3.
COUIICIL NEMER CLAYTON NOYm, MID IT WAS SECONDm, TO APPROVE ON FIRST lEADING
COUIICIL llll MO. 12, SERIES OF 1990.
Council ~r Habenicht requested clarification concerning the City's ability
to provide water and sewer services to the area in question. Mr. Fonda agreed
that It could be done but that It would prove .uch .ore expensive .
Also, Ms. Habenicht stated she was concerned about the possibility of the City
subjecting itself to future special IIIProve~~ent assess•nts . She is not In
favor of Council giving up authority to a .. tro board. She asked if the sa•
purpose could be served through lntergovern.ental agree.ents . Mr . Fraser ex -
plained that in this particular Instance, the City is a landowner, not th
governing body. To have the land Included In the Metropolitan District would
aaxl•lze Its valu as an invest .. nt . Mr . Fraser concurred with Ms. Habenicht
that a ri sk Is involved concerning aajor decisions of the Board , but he felt
as a ..-ber of the District the City would also have an opportun ity to par -
ticipate as a ..-ber of th Board .
After furlh r di scussion abou th C ty 's role as a d velop r and cl artf tca ·
t ton abou po ssible as ss nt s, th vot r sults re :
Ay s: Count 1 rs Koltay , Ha h ay, Wiggins, Bull oc ,
Clay ton , Van Dy
N1y : Council r Ha nlcht
t on carr
I .
Englewood City Council Minutes
April 3, 1990 -Page 4
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(b) Director Wanush, Community Development Department, presented a
recommendation from the Englewood Urban Renewal Authority (EURA) to adopt a
bill for an ordinance approving an agreement between EURA, First National Bank
of Englewood, American National Insurance Company, CleveTrust Realty Inves -
tors, and the City of Englewood. The agreement basically provides a five -y ear
option to First National Bank of Englewood, etal, that if during that five -
year period City Hall is relocated, the City of Englewood would offer the
property (approximately 21,000 square feet) to First National Bank of Engle -
wood for a purchase price of $500 ,000. Mr . Wanush emphasized that the option
could only be exercised if City Hall is moved from its present site with in
five years from date of agreement.
The City Clerk was asked to read Council Bill No. 13, entitled:
COUNCIL BILL NO. 13, INTRODUCED BY COUNCIL MEMBER BULLOCK
A BILL FOR AN ORDINANCE FOR CONSENT TO ENTRY OF RULE AND ORDER AGREEING TO THE
CONDEMNATION OF PROPERTY DESCRIBED IN PENDING LITIGATION.
COUIICIL MEMO IULLOCIC IIOVED, _, IT MAS SECCII)£0, TO APPIOVF. ON FIRST READING
COUIICIL llll 110. 13, SEIIES OF lttO.
Ayes: Council ~rs Koltay, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
(c) Director Fonda presented a rec~ndation fr011 the Water and Sewer
Board to approve by ordinance a ....,randu. of Understanding with Vall ey
Sanitation District regarding the .. tntenance of the sanitary sewer syste
serving the Pleasant View subdivision. Mr . Fonda explained the proces s by
wh ch Pleasant View residents had been i~roperly charged by Valley Sanitation
for repairs and aatntenance fee s . The Me.orandu. of Understanding •. ill re cti ·
fy the procedure ·..; refu~~to the residents of Pleasant Val leyf\he overpay -
nts _.. to Va ley Sanitation District til t 1n ..t d< '1 • (' ,
1
,
T C ty Cler was asked to read Coun 11 Btll No . 20, entitled :
COUNCIL Bill • 20 , INTAOOUC£0 BY COUNCil R WIGGIN
S(c.DI, TO AHIOVE Oft FIRST lEADING
'1· W tgins, Bultoc • I . •
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0
66 -88 UTIL CONNECTOR'S AGREEMENT SOUTHGATE SUPPLEMENT 1113, SOUTHGATE 11 /7/88 PERPETUAL SANITATION DISTRICT; ORDINANCE NO. 39,
1988; RECORDED BOOK 5716 PGS. 415 -417
SOUTHiiAT£ SUPPLEMENT 1112, SOUTHGATE 1/4/88 PERPETUAL SAlUTATION DISTRICT; ORDINANCE NO. 2 I
1988; RECORDED BOOK 5464, PGS . 427 -430
SOUTHiiATE SUPPLEMENT 1111, SOUTHGATE 1/4/88 PERPETUAL SANITATION DISTRICT; ORDIIWICE NO. 1,
1988; RECORO£D BOOK 5464, PGS. 417 -426
67 -88 C( ... D£V/EURA ENCROACtWNT CO£/LINCOR ENGLOIOOO PARTNERS; ENCROACHIOT 5/18/88 REVOCABLE TO AIIIIIC OVER PUBliC RIGHT-Of-WAY (PHAR Q WILL Of CITY PLAZA; RECORDED 8/2/88, REC.I2996757, BOOK
5494, PGS. 678 -681
68 -88 CCIIt D£V VACATION CO£/LINCOR EICLOIOOO PARr.RS; R-0-11 9/14/. N/A V~TION • 3300 IUD SOUTH ELATI; ORO NO . Zt,
1911 -RECORDED IOOl 5559, ~. 707 -701
(PMT Of CLOSIIC A&REEJOT)
69 -88 ""'on VACATION CO£/~ ~RTIES (HIIIECLUI/IUYER'S CUll) 5/2/. N/A V~TION Of R-0 -W 3500 SOUTH JASCif STREET
OlD . 112, 1911, RECORDED IOOl S661, PG$. 677 -679
70 -88 CCIIt Otv VACATION OlD IC . M£TZEL OIA ORO IC . £L 6/6/ta A O(Y[l CO • VACATION Of EAS NTS 300 ST
IELLEYIEV • SILVER CLIFFS; OlD 117 , 1911
RECC*)£0 IOOl 5461 , PGS 396 -397
71-88 PU8 S/PARKS INT RGOVE Al P£0($TRIAIVJWI)JCAPPED ACCESS IRIOCiE 4/8/. UPON ACIOSS IIG DRY CREEK, IELLEVIEV PARK c LET ION AU£ NT WITH ARAPAHOE COllfTY FOR US Of lOll RY f1 • • 72 ·88 fl PfiOf' UUI ION AUDIT A&RE TO AUDIT r 8/18/ c Tl WITH OPTI FOR 1 1 AOOIT
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Government's chief priority isn't running like a business
byKL~~
TORP
and
PAUL
BAUMAN
Y Ioiii' yun •ht!Atr n~ets~&~y or nol SorMUIMs It
mtaN INI pnple 1~1 ~lecttd to Uw board •bo at~ opt~)' boiWf lo IJit rni.slloD ol 1J1t t'Orpcii"'IJOIL
The popWanlJ Of n&llllin& lor tl~fd Dflirt DO I
piUform of Mlnlllalnlt "IDVti'1IITifnl " IS OM Of IJI~ •oll4~n of OW' IJSI~m INI few can behold WIIJI Ill)'•
lhin & lnll •-1114 1 lor\lf1«1 MDM of llwnor. Tbcrt
an t\tn cun of IIIU ·aovemment cllldldalu I\IC•
culfllllr Mtlunl election u CEO of Uw pubUc co~
r a tion • lmap~ Ford Motors WIIJI a prtSICital d.cSI·
catfd to d&smllltlul& Henry's car compally.
Til« Jtplralton of powers all4 com~t111 1 n lu es or
Uw llvtt brancllts may be d&s'..uttllll to Ulo~t •·ho
~u rn 10 nlutuon aov~rnmtnl 111 Uw imaae or IBr.t,
but 1M s r stem hu ""Dtkfd rtmarubly •·ell lor two
etntvnu.
Covt mment Is usually com~t e nl at • hat II ~~
1 114, more lmporunuy, It hu not opprusfd Uw ciU ·
z.tN Ill any tlfti'OUS way.
Au11r:una lor U\t momtnt that the slrvctu rr or
a o~t mmt nt •u. In fact , dt11ptd lo l'lllllillt a wtU ·
lllllfd rnaclllnc . ""' -llld sWJ have 1 d.lflicvll luftt
m&iun& public Mctor or&IIII.Utlona lick llkt clocks.
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Consadtr Uw ralt ol IJie mfdla. 01d IJie press, by
lt&al enUUement. alltlld Ctor&e Schwu·s senior
m1.1111tment muUngs whea be wu at Bechtel?
Were his corporatt records , wtiJI rew ucepUon.s,
open lo U\t public? AI IBM , do corporate secreu lux
bealllt employeu COIISider II IJieir paLnotJc duty 10
luk U\em? Of coune noL
LD Colorado and 111111y otlltr statts, 111y mttUng
Ul.at Involves two or more tlecttd otf1C1als must be
&AIIOIIIIctd and opeo 10 U\t press. 'The Ukelibood or
procluc:Uve dialol"t lln<ltt UleM cirCI.Imsancu, par·
Ucularly on MIISIUvt llld cont.rovei"SSal issues. Is al·
most 1111. 'The ci\W&nalnnuence or mrdia obsef'·auon
Is especially darna11111 111 Uw modern context ,..here neao~Uoa and contllct m~aement ue so impor-
WIL
Modern m111agement uperu leU us ~t hiC}I-per-
loiTIIIIIg orJIIIUil.lons in•·arably have 1 cleu sen.se
or I!W.IIOII . AI ftdtral Express. It's "Ovenupt Ot-
Uvery " and It Ford, "Quality Is Job One ." In pubUc
11encles I\ICh u a m11111c1pal ,..ater Lrnlment plant
or 1 county sheritr'J ofhce , uch orcaniut1on and
even nth 111111 Wllhin an or&aniz.al.lon must have llS
own miSSion Nttmtnt.
f'llrthermore . thtrt art mulUplt and often connict·
lnc coals. Tbc Otpartmtnt or Soc ial StMCes ha.s a
social wel!ut coal or &SSIS\ing U\t children or poor
ramlliu "hilt satisfying tile leru~JtW'e ~t It is bt·
inC tou&h on "IO'tl!are chuu" and at Uw same time
demon.stralulg lo U\t cLient corutllutncy that It is
compu.s~onatt and tqulUblt. Tht Personnel Depan.
ment Is lllppoW'd to provide lht &o•emmenl corpora.
Lion w1U1 an fducattd, lr&intd , mountfd . honest and
job-rudy worklorn while rntthnc hinng aoals lor
eiJinic minonl.les all4 women in accordance ,.,U\ rea·
ula Uons lor another brancb of eovernmeoL 'Those a:
llanily til e ~m e COMltJon.s U NrWn& I bu.siness Lt.;
malces til e ~e prod uct d.ay Ill and d.ay ouL
Government 's IWlctJon t.S to pro•1de U\e precooc
lions ror SOCiety to ~ow llld Oouruh 111 prospcr1 t
llld rfftdom . There t.S no profit in UUs rnnsio11, D<
should tllerr be . Ir we were 10 Nil government lille
bu.siness. ,..,.d lt"'Y uses and access reu sulflcieutt
cover cosu plus proiiL This II silly. And so ue sorr.
ol tilt attempt.s at "pri\'aliuUon-olgovemment se
Yicu because Ulty ciiSlomui.ly add llleher priva ~
capiUI cosu and profit 10 U\t pnc:e of public &OOC:
&lid KI"1CtS .
There are also l1111clions or Jovemment tNt ar
essenuaUy not busltltU·Iillt . Many or OW' social pre enms-child ,..eUue. USlS'~ce to the elderly an
handicapped, and •·eteraru provams -art tliJirr.:
sions ol OW' shut'd values a.s Amtrica.ns about bo ·
we wish to Lrut U\t leu fonunate . ln Uus respec
government renecu OW' coUecU•·e compa.s.sioll, II<
IJie proht motive .
Filially, ,.., rn~Ut jettison the notion U\al IOI'eri
ment can Simply be Nil like a bus111ess and begin t
understand ,..hy IO"ttnment ntf'C1.s OW' ll\vo lvemcr.
and not just our llldJcnat.Jon . Government is not ju.s
Coneress and Wa.slungton. D.C. Govrrnmenl is ll':
people in Denver and smaU tO"lU acros..s tile coWltr
who clun our •••lltr. pave OW' roads and deal ,.;l
our SOCial outusu. The eoalt.S to TW'I governme nt a.
tUicienUy as pos..sib le "''llhu! the con.strunt.s ol o ~
democnuc system . In U'IIS quest ,..e can lurn muc
from Ult b~UIIIes..s Hctor. but not t•·er:vt)\ull.
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