HomeMy WebLinkAbout1990-05-21 (Regular) Meeting Agenda-
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May 21, 1990
City Council Regular Meeting
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I. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
May 21, ltto
The regular Meeting of the Englewood City Council was called to order by May or Van Dyke at 7:32 p.M .
2. Invocation
The invocation was given by Council MeMber Wiggins .
3 . Pledge of Allegiance
The Pledge of Allegiance was led by Mayor Van Dyke .
4 . Roll Call
Present :
Absent :
A quoru. wa s pre se nt .
Council Me.bers Hathaway, Koltay, Wiggins, Bullo ck, Clayton, Habenicht , Van Dyke
None
Also present: City Manager Fraser
City Attorn y DeWitt
Ci ty Clerk Crow
S. Minutes
(a) COUIICIL
tiUIITU OF T1tl 1£
Ay s:
ys :
t on carr!
6. 1tntr11 Dhcu ton
(a) M
Director Fonda, Ut ilities
Director Waggon er, Public Wo rks
Kot.TAY JIOY(D, MD IT WAS SECOND£D, TO APNOVE TH nr• cw MAY 1, ltto.
Coun 11 r Koltay, Hatha way, WI gins, Bulloc , Clayton, Habenlch , Van Oyk
Non
t bl · n hly
t ch pr po
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Englewood City Council Minutes
May 21, 1990 -Page 2
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concerning a grant application to the Office of Energy Conservation . There is
a strong possibility that the City of Englewood could receive a portion of
those funds for its pilot recycling program now under consideration. She
shared additional information with other members of the Task Force (Council
Members Habenicht, Clayton, and Hathaway).
(I i) She shared information with City Manager Fraser concerning
the Sister City Program, explaining that Englewood and lake City are Sister
Cities. She was hopeful that the information would help improve our relation -
ship with lake City. The idea of the Sister City program is to help make the
entire State of Colorado .are economically viable.
(iii) She proudly announced that in the June issue of the Nat ional
Geographic there is coverage of Englewood 's greenway , ca.monly referred to as
The Plaza and the little Dry Creek i~rove.ents.
(iv) Mayor Van Dyke offered 1 resolution in support of youth pro -
gra•s in the City, explaining that at 1 previous .aeting a resolution support ·
i ng Teen leisure Center had been tabled because some Council Member s did no
feel they had sufficient infor.ation to sup port the resolution . However, Ms.
Van Dyke felt adequate infor.a t ion had now been provided . The resolution wa s
assigned 1 n~r and read In its entirety by the City Clerk.
RESOLUTION NO . 46, SERIES or 1990
A RESOLUTION SUPPORT ING YOUTH PROGRAMS.
MYOI VM Dft£ ROVED, All) IT MAS Sla.ED, TO APPIOYE l£SOLUTION MO . 46 ,
SOlES Of litO.
Counc t1 r 8u 11 ock stated that as 1 fot"Mr liMber of the Board ( T en Lei ·
sure Center, Inc .), he would bt abstaining .
Council r Clayton stated he uld support Resolution No . 46 ; h ver, h
urged that recreation progr s already offered by the schools and City be u 1· ltztd as ch a possible .
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I Englewood City Council Minutes
May 21, 1990 -Page 3
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Ayes: Council Members Koltay, Hathaway, Clayton, Habenicht ,
Van Dyke
Nays:
Abstain:
Motion carried.
Council Member Wiggins
Council Member Bullock
(b) Council Member's Choice
(i) COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO SET JUNE
4, 1990, 7:30 P.M., AS THE PUBLIC HEARING DATE TO CONSIDER BUILDING CODE
AMENDMENTS AS INTRODUCED AND APPROVED ON FIRST READING MAY 1, 1990.
Ayes : Council Members Koltay, Hathaway, Wiggins, Bullo ck,
Clayton, Habenicht , Van Dyke
Nays: None
Motion carried.
(ii) A resolution concerning the deductibility of local income and property taxes was considered.
RESOLUTION NO . 47 , SERIES OF 1990
A RESOLUTION OPPOSING THE ELIMINATION OF THE DEDUCTIBILITY OF LOCAL INCOME AND PROPERTY TAXES.
COUNCIL MO.Eit CLAYTCII tiOVED, All) IT WAS SECCIIDED, TO APPROVE RESOLUTION MO. 47, SERIES OF 1990.
Ayes: Council Metlbers Koltay, Hathaway, Wiggin s, Bullock,
Clayton, Habenicht, Van Dyke
Nays : None
Motion carried. Council Metlber Hathaway referred to Section 1 of Resolution
No . 47 which urges that citizens of Englewood contact their legislators (Sena -
tor A~strong, Senator Wtrth, and Representative Schaefer) expressing opposi -tion to this proposal .
(iii) Council Me.ber Hathaway stated that In view of the progre ss
Made by the Fire Services Delivery Task Force and In light of ca.nents Mad by
citlz ns representing th total communi y, sh would like to off r a motion as follows :
COUNCIL NOllER HATHAWAY tiOVED, All) IT WAS SECCIIDED, TO CONTUIIE IN AN 'AS IS
STATUS' WITH TH£ FEDElAl FIRE STATION NAMM£0 UNTIL VE RECEIVE THE ltECOMMEMDA ·
TICIIS FROM THE FIRE SERVICES DELIVERY CONNITTEE1 FURTHER THAT THE ltECOMNENDA ·
TICIIS IE RECEIVED IY AUIIUST 15, 1990 IN OID£11 FOR COUNCIL TO REVIEW AII)/Oit
IMPLEMENT THOSE ltECCIIIODATJCIIS THAT WOUlD 10 AlOM WITH THE 19tl IUOIET
PROCESS.
Mayor Van Dyke sugg sttd that the rules susp nded to p It cf z ns to
vo c opinions cone rnlng th Fed ral F Sta ton.
COUICIL (It BUlLOCk tiOVED, All) IT !liAS SECOIID£D, TO SUSP£11)
AlLOW CITIZENS TO SP£M TO THIS IS
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Englewood City Council Minutes
May 21, 1990 -Page 4
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Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried. The following citizens addressed Council:
(a) Ken Waechter , 3127 West Tufts Avenue, reminded Council of his long -
term involvement with this issue. He urged that extra staffing be accom -
plished to keep the Federal Fire Station open and both rescue units available ;
he does not feel that responses from the private ambulance services have been
satisfactory.
(b) Betty Newton , 3079 West Stanford Avenue, concurred with Mr . Waech -ter 's cownents .
(c) Kathleen Eub1nk, 3355 West Mon110uth Avenue , shted her concern s
about the safety of the lives of the citizens in the Centennill uea . Sh e
explained her history u 1 citizen of this 1rea h1d 1lw1ys 1111de her feel a
p1rt of Englewood , but recently it seems that the area is no longer treated
like p1rt of the commun i ty . She ca.mented th1t if this cont i nues , s he woul d
support annex1tion to Littleton. Ms . Eubank was urged to 1ttend and observe a
~~eetl119 of the Fire Service Delivery Task Force, which are held every other
Thursday In the Ca..unlty Ro0111 at 6 :45 p.m. It was explained th1t Counc il
will be weighing carefully the rec0111111endatlons of the Task Force In 1111klng I ts
decision for what i s best for the Centennial are1 as well as for the rest of the City .
(d) Bill Melcher, 5088 South Hooker, asked how uny ti~~e s do th e
c it i zen s of Centenn i al have to tell Englewood that they want the f i re s t1t i on kept open .
(e ) To. Wee~~s, 3034 West Tuft s Avenue , st1ted the real Is sue about t he
way ci tizens of Centennial feel is being tagged "the Federal Fire Stat io n. •
What t s really bei119 talked about , however, Is total f i re protec t i on for t he
Ci t y. He th i nk s the ci t izen s are very Intere s ted i n return i ng to f ull fire
protecti on . Th e citi zens are as ki ng Coun ci l to budg e t the f i r e d e p a rt ~~ent to
protec t t he en t ire city, staff It as necess ary , and .ave on t o ot her Issues.
COUIICl l MJtl[l IULLOCl NOVto , Nl) IT WAS SECOMD£D, TO IETUitN TO THE 1£CULAI
MODA .
Ay s :
Nays :
on carried .
Council rs Koltay, Hatha way, Wtggtns, Bulloc ,
Clayton, Hlbentcht, Van Oyk
on
Counc 11 r Chy on c nted th1t i t is h1por t1 nt to no t t h1t 1 r por r· t h x cu t tv Offl r of S1 f ety ervtces indtc1tes th t durl~ th
nth p,rtod (Febru ary 2 t hroug h Ml y 14) th r re only ni ne occ1ston
1 pr v1te lane 1 ustd for transpor • H btlf v s th Ctty still n
to 1 a pr v t 1 rvtce as an tlt rn ti v • I . •
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Englewood City Council Minutes
May 21, 1990 -Page 5
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Council Member Hathaway commented that neither Districts II nor III has a fire
station within their boundaries; part of the real issue is to start looking at
this as a "city problem, not Centennial's problem versus the rest of the
city.• She explained that the reason the Fire Service Delivery Task Force was
created was to look at the issue from that perspective.
Council Member Bullock stressed to the citizens that he shared their concerns,
further that he intends to put a lot of weight on the recommendations of the
Fire Services Delivery Task Force. He encouraged the citizens to be in touch
with the Fire Services Delivery Task Force to ••ke their voices heard.
Council Me.ber Habenicht stated she was pleased that Council MeMber Hathaway
had changed her previous position and had offered a substitute motion; she
felt the Fire Service Delivery Committee should be given enough time to
thoroughly research the situation.
Vote resu 1 ts:
~yes :
Nays :
Motion carried.
Council Me.bers Koltay, Hathaway , Wiggins, Bullock,
Clayton, Habenicht , Van Dyke
None
(tv) A resolution concerning the establishlent of a City Council
Policy Procedure was considered. Council Me.ber Clayton, who served as chair -
INn of the Council Pol tcy Subco.tttee, advised that the co.tttee has been
working for so.. tt .. to develop a .. thod for the adoption of Council ph iloso -
phy for policy procedures . The resolution was assigned a nu.ber and read by
title :
RESOLUTION NO. 48, SERIES OF 1990
A RESOLUTION ESTABLISHING CITY COUNCIL POLICY PROCEDURE.
COUIICil .... CLAYT• IIOVED, Mm IT MAS Slc.m, TO AHilOVt HSOLUTI. 110 .
41, SEIIES OF lttO.
Ayes :
N ys:
t on carrt
TH
Council rs IColtay, Hathaway, W 99 ns, 8ulloc ,
Clayton, Habenicht , Van Oyke
n
AI S 0 1990
AOOPTI 0 A TAA L PO IC CIT c l l I • •
Englewood City Council Minutes
May 21, 1990 -Page 6
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COUNCIL MEMBER CLAYTON MOVm, AND IT WAS SECOHDm, TO APPROVE RESOLUTION NO.
49, SERIES OF 1990.
COUNCIL MEMBER CLAYTON MOYm, AND IT WAS SECONDm, TO AMEND RESOLUTION NO. 49,
SERIES OF 1990, SO THAT SECTION 3 READS: "COUNCIL AS A &ROUP, SHALL MAKE A
CONSCIENTIOUS EFFORT TO REMAIN WITHIN THE DESI&NATm BUD6ET. •
Ayes: Council Members Koltay , Hathaway , Wiggins , Bullo ck,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried .
Council ~r Bullo ck stated the resolution lacked "backbone " as the re was no
accountability required. He noted at the Town Meeting citizens had expressed
anger at spending .oney to sen d council Members to conventions and meetings.
COUNCIL ~ IUlLOCKROYm, AIID IT WAS SECONDm, TO MDI) RESOLUTION NO. 49,
SERIES OF 1tt0, TO ADD SECTIOII I TO READ: "TO PUILISH PROPOSm TRAVEL ElPENDI -
TUI£S IN a.L.OIOOO SOOINEL PAID ADVERTISIII& SECTIOII PRIOR TO THE
ElPDIDITUR£. •
Lengthy discussion ensued regarding publication procedure, expense, etc .
Counc11 ~r van Dyke suggested publishing the not tee of proposed travel
expenditures In the Citizen Instead of the Sentinel; it 's aatled to very ad -
dress in the City of Englewood and it "doesn't cost any extra .on y."
Council Me.ber Hathaway felt further clarification wa s needed .
COUNCIL ~ HATHMMY NOYm TO TAil.E R£SOl.UTIOII NO. 4t, SERJ(S OF 1190.
The .otton died for lack of a second .
Further discussion ensued .
Council Me.ber Koltay felt It uld be suff ct nt to s ~ly publish City Coun -
cil's expenditure report fro. •tt .. to tl •
ol ay ' c nt,
Coun 11
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Englewood City Council Minutes
May 21, 1990 -Page 7
Vote results on Amendment to add Section 6:
Ayes :
Nays :
Motion carried .
Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton
Council Members Habenicht, Van Dyke
COUNCIL NEMER CLAYTON MOVED, MD IT WAS SECOII)EO, TO MDI) RESOLUTION NO. 49,
SERIES OF 1910, SO THAT SECTION 1 READS: "EACH COUNCILMEMIER SHALL JUSTIFY
PARTICIPATION FOR ALL TRAVEL EVENTS PRIOR TO ATTENDANCE MD APPROVED BY A VOTE OF THE COUNCil. •
Ayes:
Nays :
Motion carried.
Council Members Koltiy, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht , Van Dyke
None
Mayor Van Dyke noted that rumor has it that a 11 council members wi 11 be
traveling to Canada. She stated "em phatically that that is not true.• Ms .
Van Dyke explained she Is a ~r of the Governor's Integrated Solid Waste
Manage.ent Task Force and has expended "time, effort, and expense• in an at-
te.pt to develop an integrated solid waste program in the City of Englewood .
She stated econa.lc develo~nt and solid waste •anagement were her major con -
cerns. She felt the projected expense of less than Sl,OOO, to attend the
International Integrated Waste Manage.ent Conference being held in Canada this .anth, is justified.
Council MN!ber Habenicht agreed that Council should be accountable to the
public for all expenditures . However, she disagreed with Council MeMber Bull -
ock 's position that travel Is a "perk" and that she would not participate In
any travel as a "perk." She noted Council has cut travel In half in an effort
to econ011IZ . Ms. Habenicht stated she felt the infontation gathered from
attending conf rences has be n very valuable .
Vote results on motion to approve Resolution No . 49, Seri s of 1990 :
Ay s:
N ys :
ton c rr
Council rs Koltay, Hathaway, Wiggins, Bulloc ,
Clayton, Habenicht, Van Oy
on
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Englewood City Council Minutes
May 21, 1990 -Page B
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6bvii(I) -Council Member Wiggins requested that the Utilities De-
partment investigate a situation existing with "old meters• in the industrial
area of the City. Mr. Wiggins stated it had been reported to him that some of
the meters were inoperable and therefore costing the City loss of revenue.
6bvii(2) -Council Member Wiggins asked that more effort be made to
give advance warning when the Utilities Department undertakes flushing of the
hydrants. He suggested that the warning be published in the Sentinel.
6bvii(3) -Council Member Wiggins provided information on the re-
pairs done to the tr1in tr1ck 1nd trestle 1t Belleview Park. He also ex -
plilined the need for addition1l repair work to the other trestle, which will
necessit1te ilpprov1l of 1ddition11 funds. He 1nnounced the lions Club Train
was re1dy to co.mence its sum.er runs on Silturdily, M1y 26th .
6bviii -Council Me.ber H1benicht co.pliMented Council Member Clay -
ton for his efforts to 1.end CML Policy with reg1rd to recycling.
6bix(l) -Council Member Cl1yton further expl1ined that he had been
successful In having the CML Policy Manu1l "Envlronmentill Quillity• amended by
lidding the phrase, "to support Municipill and lntergovernmentill agreements in -
cluding progr1ms for purch1sing recycled products .•
6bix(2) -Council Member Clayton, referring to other CML activi -
ties, suggested th1t Assist1nt City M1n1ger M1rtin be instructed to follow the
initiative being proposed by the N1tional Feder1tlon of Independent Businesses
reg1rding tues. He felt the tu proposal if approved would seriously 1 i11lt
Englewood's abil tty u 1 hOM rule city to collect 1 nUIIIber of s111l1 taxes which we now collect .
7. 're-scheduled Visitors
Th re were no pre -scheduled visitors .
B. Non-scheduled Visitors
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Englewood City Council Minutes
May 21, 1990 -Page 9
COUNCIL MEMBER KOLTAY MOVm, AND IT WAS SECONDm, TO ALLOW TROOP MO. 92 TO USE
THE FACILITIES AT CENTENNIAL PARK FOR TRAINING PROVIDm ALL REQUIRm DOCUMEN-
TATION IS PROVIDm.
Discussion ensued concerning the insurance requirements, etc., and it was con-
firmed that the Scouts would provide blanket coverage showing the City as a
named insured.
Vote results:
Ayes :
Nays :
Council Member Koltay, Hathaway , Wiggins , Bullock,
Clayton, Habenicht, Van Dyke
None
Motion carried.
mittee; however,
Council Member Clayton noted he is a .amber of the Troop Com -
he did not see this as a possible conflict of interest.
(c) Gary Kozacek, 1260 West Oxford Avenue, thanked Council for passing
Resolution No. 46 , even though it was in a "generic" fon~. Mr. Kozacek re -
ferred to Council Me.ber Habenicht's ca..ent concerning previously published
infon~ation indicating the Teen Leisure Center, Inc. was being sponsored and
supported by the City of Englewood. He stated they have no idea who sent the
press release to the Rocky Mountain News. Mr. Kozacek noted they are seeking
the City's cooperation in an effort to coordinate their youth project with
various City depart.ents.
9. ec-..tcattons and Procl-ttons
(a) CGUIICIL ._. IIATIIMMY IIDftD, -IT liAS SlCCII»ED, TO ACCEPT WITH
1£.-r TIE I£SI_TI_ Of MLJOIIE L. IE:CICEI FICII TIE PLNIII. -ZC*I.
CCIMISSI ••
Ayes:
Nays:
Motion carried.
Council Me.ber Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
None
(b) CCIUIICIL NOIIEI IIATHAMAY IIOY£D, -IT WAS SECOII)EI), TO ACCEPT WITH
lEfiiET TIE lUI-TIC* OF JOfll IIAY FaCIIt THE PUILIC LIIIAlY IOAIID.
Council "--ber Hathaway noted that Hr . Gray had sublitttd his resignation to
th Library Board o th n dvhed Council of Hr . Gray 's resignation . Vote
results :
Ayes : Council r oltay, Hathaway, Wiggins, Bulloc ,
Clayton, Habenicht, Van Oyk
Nays: Non
Motion carried .
1 0 . Consent At&ftda
COUIICIL El IUlLOCK MOVED. -1T MAS SEC.U, TO AHIOY£ CC*SOO MOIDA
ITEM lO(a) AS FOLLOWS:
( ) OROI
8Y C
15, £AI 0 1990, (C
R LlOC ), NTill 0:
. 24, INTROOUC 0
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Englewood City Council Minutes
May 21, 1990 -Page 10
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AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 8, ENGLEWOOD MUNICIPAL CODE OF 1985
TO REFLECT SPECIFIC ORGANIZATIONAL CHANGES WITHIN THE DEPARTMENT OF COMMUNITY
DEVELOPMENT AND WITHIN THE DIVISION OF BUILDING AND SAFETY.
Ayes:
Niys:
Motion curied.
11. Public Hearing
Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke
None
No public heiring was scheduled.
12. Ordinances, Resolutions and Notions
(a) City Manager Fraser presented a recom.endation to adopt i bill for
an ordinance amending the Englewood Municipil Code to reflect the changes that
hive liken place within the City's orginizational structure. Mr . Fraser fur -
ther explained that these changes had reduced the number of Directors from ten
to seven and also had consolidated Minning throughout the City . He recommen -
ded ipproval. Mr. Fraser responded to various questions concerning the con -
solidation, the inclusion of the section referring to the Volunteer Fire De -Pirt-.nt, pension funds, and cost savings.
The City Clerk was asked to read Council Bill No. 25, entitled:
COUNCIL BILL NO . 25, INTRODUCED BY COUNCIL MEMBER CLAYTON :
A BILL FOR AN ORDINANCE EFFECTING THE REORGANIZATION Of CITY ADMINISTRATIVE
DEPARTMENTS BY REPEALING TITLE 1, CHAPTER 6, ARTICLES A THROUGH K, ENGLE
MUNICIPAL COO£ 1985, ADMINISTRATIVE SERVICE, AND REENACTING A NEW TITLE 1,
CHAPTER 6, ARTICLES A THROUGH H; AMENDING TITLE 3 BY ADDING A NEW CHAPTER 8;
AMENDING TITLE 6 BY ENACTING A NEW CHAPTER 5; AMENDING TITLE 7 BY ADDING SUB ·
SECTIONS C AND D TO CHAPTER 6A; AM£NDING TITLE 7 BY ENACTI A N II CHAPTER 7: AND AMENDING TITLE 11 ·4·1 AND 11 -4-2.
COUNCIL NUllO CLAm• IIDVtD, -IT MAS SUO.O, TO APNOV( C. fiRST 1£ADI COUNCIL llll MO. 25, SOlES Of 1HO.
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Englewood City Council Minutes
May 21, 1990 -Page 11
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Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock,
Clayton, Van Dyke
Nays : Council Member Habenicht
Motion carried.
(b) Director Fonda presented a recommendation from the Water and Sewer
Board to adopt a bill for an ordinance approving the United States Geological
Survey Joint Funding Agreement for the operation and maintenance of a stream
flow gauging station on the South Platte River at Union Avenue. Mr. Fonda
explained that this Is a continuation of an agreement approved by Council last
year . The cost to the City Is $3,050 representing one -half of the total
costs.
The City Clerk was asked to read Council Bill No . 26, entitled:
COUNCIL BILL NO. 26, INTRODUCED BY COUNCIL MEMBER KOLTAY
A BILL FOR AN ORDINANCE APPROVING THE UNITED STATES GEOLOGICAL SURVEY JOINT
FUNDING AGREEMENT FOR THE OPERATION AND MAINTENANCE OF A STREAM FLOW GAUGING
STATION ON THE SOUTH PLATTE RIVER AT UNION AVENUE .
COUNCIL IEJII[l ltOLTAY MOYm, All) IT WAS SECCIIID£0, TO APPROVE ON FIRST lEADING
COUNCIL IILL MO. 2&, SERIES OF 1190.
Ayes: Council Mellbers Koltay, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays : None
Matton carried .
(c) Director Fonda presented a rec~ndatlon f~ the Water and Sewer
Board to adopt a bill for an ordinance approving a Wa stewater Collection Sys -
t Maintenance Agr nt with Sher dan . Under the proposed agre..ent, Engle-
wood uld provide uintenanct for a portion of a s r line In Sheridan's
Santa Fe lndustr al Park . Mr . Fonda xplalned Sheridan wtll pay a surcharg
for th use of Engl od's flushing ruck. Th ag n can be void d wl h
six nths no c
D scus ton nsu regarding urc arg rat s.
T IS to d Co 1 a 11 27,
ll R LOC
stO•ED, TO APNOYt fll T IEAOI
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Englewood City Council Minutes
May 21, 1990 -Page 12
other cities, be cognizant of the cost, and focus on providing services to
City of Englewood residents.
Vote results:
Ayes:
Nays:
Council Members Koltay, Hathaway, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
None
Motion carried .
(d) Director Waggoner presented a recommendation from the Public Works
Department to approve by motion the replacement of the Servicenter fuel tanks .
Some upgrading of the service 1 ines and associated equipment was approved
during the 1990 budget process, but not tank replacement. He explained that
the fuel storage tanks at the Servicenter are 19 years old and the associated
piping syste~~ is very badly corroded and leaking. The installation would
bring the storage tanks and associated pip i ng into compliance with all of the
new regulations on underground storage tanks.
Council ~r Koltay questioned the advisability of privatizing fuel
acquisition.
Council ~r Clayton questioned which city vehicles use the pumps and how
much they are charged.
City Manager Fraser stated he had requested the purchasing staff evaluate the
alternatives in ten.s of contracting for these services as opposed to replac -
ing the tanks . The esti-.ted cost varied between ZSS and 33S .are for us to
do this service outside of the service facility. When that cost is added to
the inconvenience and difficulty of dealing with other service providers it
would not be cost effective or practical.
Council Me.ber Hathaway questioned the liability on the tanks if new regula -
tions are put into effect.
City Manager Fraser noted if they change the regulations to so.ething other
than what is applicable today th City would be responsible.
Hathaway stated that tn the last t years the State Legtsla -
d regulat tons for und rgroul\d storag tanks . They have no
h u ur th y gh .
Ceutell 0 HAnw.AY NOV£D, If W S£CCII)(D, TO MITHOIIZE l£,lACDt£NT
Of THE FUEL TAIICS AT Tit[ SEIYICOff£1 IY lOST £QUIPROT AT A COST OF
$U,7&1 .
Ay s: Coun 1 rs oltay, Hath way, W ggtn , 8u11oc , Chyt n, H ntcht, Van Oy
y : Non
on carr td .
ndt n t 8 ·City up . yf pur ha t t n·yard d
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Englewood City Council Minutes
May 21, 1990 -Page 13
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trucks. This purchase was approved during the 1990 budget proce ss and wi 11
replace trucks in the fleet that are old and in poor condition.
COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF
TWO TEN-YARD DUMP TRUCKS FROM TRANS-WEST FREIGHTLINER GMC IN THE AMOUNT OF
$92,912.
Ayes :
Nays:
Motion carried.
Council Members Koltay , Hathaway, Wiggins , Bullock,
Clayton, Habenicht, Van Dyke
None
Council Member Koltay questioned if leasing this type of vehicle would be a
viable alternative .
Director Fonda stated they had not looked into leasing , but he did not feel it
would be •practical .• He stated the ten -yard dump trucks can be maintained
by the servicenter .
(f) Dire ctor Fonda pre se nted a rec01111endat ion fr0111 the Bi -City Surer -
visory C011111ittee to approve by motion the purchase of one dewatered sludge
hauling trailer . This purchase was approved during the 1990 budget process
and will provide more efficient operation of Bi -City's Beneficial Use Program .
COUNCIL IEMIEl CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF
ONE DEVATElED SlUDI( IWJllll& TUllER FROit EAST IWIJfACTURIM& CORPORATION FOR
USE Ill THE lUlU IC I AI. USE PllOIIM Ill T1t( MICIUIT Of $14 ,14 7.
Aye s: Council Mellbers Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nay s: Non e
Mot ion carried.
3 . City Ranattr 's leport
(a) City Manager Fraser trans•itted copies of two letters r cei ved pro -
testing the assess nts for Paving District No . 33. He r ind d Council of
th Pub 11 c Hearl ng sch du 1 ed for May 31, 1990 a 7:30 p .a . concern 1 ng th
Paving Dtstric o . 33 assess nts .
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Englewood City Council Minutes
May 21, 1990 -Page 14
14 . City Attorney's Report
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(a) City Attorney Dewitt requested a motion accepting the deed from the
Downtown Development Authority for the parking lot .
COUNCIL MEMBER HATHAWAY MOVED, All) IT WAS SECONDED, TO APPROVE ACCEPTANCE OF
THE DEED CONYEYIII& TITLE OF THE EII&LEVOOD DOWNTOWN DEVELOPMENT AUTHORITY PARK-
IN& LOT ON LINCOLN STREET TO THE CITY OF EII&LEVOOD.
Ayes: Council Members Koltay, Hathaway , Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried .
(b) City Attorney requested a motion to approve defen s e of All s tate
Insurance Co . v Wycoff and Ci ty , to collect sum s that are due fo r tran s po rt of
a non -re si dent of t he City.
COUNCIL MEMBER IULLOCit MOVED, All) IT WAS SECONDED, TO AUTHOitiZE THE CITY AT -
TORNEY TO EJfTER DEFENSE IN THIS MAnER .
Ay es: Council Me.be r s Koltay, Hatha way, Wiggins, Bullock ,
Clayton, Habenicht, Van Dyke
Nays: None
Mot i on c arried.
(c) In the .. tter Carpenter v Cottle and City, Mr . DeWitt explained
t his is a title dispute, and even t hough he does not feel have an interest
in the title, he requested a ~t1on authorizing the City Attorney to file an
answer pending further review .
COUNCIL .,_. U.Loat IIIOVED, All) IT WAS SECCIIKD, TO APNOY£ Flllllli M A11S10
IN THE Mn£1 CMPafO Y COnLE All) CITY Of EMLEMOOD .
Ayes : Council Metlbers Koltay, Hathaway , Wigg i ns, 8ulloc ,
Clayton, Habenicht, Van Dyke
Nays : n
Motion carried.
Is . Adjoui'Mtnt
MYOI VM OYIC£ NOVO,
J Of
Ay :
'I :
ttOfl M' td .
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Englewood City Council Minutes
May 21, 1990 -Page 15
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COUNCIL MEMER HATHAWAY MOVm TO ADJOURN. The meeting adjourned at 9:52 p.m .
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CITY COUIICJL AGEJI)A STATUS REPORT
FOR THE MY 21, li90 CITY COUIICJL MEETING
Agendi Originiting
ll!! De irt~~ent Descrl tlon Action liken
SA FINANCE
6Ai CMGR
6Afl C R
6Afl R
6A v C
1tf
COUNCIL MINUTES 5/l/90 (KOLTAY)
VAN DYKE ANNOUNCED MEETING OF
WASTE ~EMENT TASK FORCE THURSDAY
5/2 4 ; ALSO POSSIBILITY OF RECEI VING
GRANT Q £Y TO FURTHER ENGLEWOOD'S RECYCLING PROJECT
VAN DYKE SHARED IDEAS WITH FRASER
CONCEMIIIG FURTHERANCE OF SISTER
C ITY ' S PtlOGitAM
---.ED NATIONAL GEOGRAPHIC
COVERAGE Of E LEWOOO GREE AY ,
PlAZA, ETC. IN J ISSU
SO . 46 SUPPORTJ YOUTH
PROGRMS (YAH OY )
. I .
APP RO VED 7-0
APPAOY 0 5·1·1
WIGGIN • Y
8ULLOC · STAIN
APPttOYED 7·0
0 7·0
Follow -u
COPIES TO BE DISTRIBUTED
NONE
TIC ALREADY PU Ll H 0
•
6Biii(con 't)
6Biv CMGR
6Bv CMGR
6Bvf CMGR
68vif CMGR
6Bvf t l CMGR
IX C
8A C R
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8/15 (HATHAWAY) CITIZENS ALLOWED
TO SPEAK PRIOR TO VOTE: W~~CHTER,
NEWTON , EUBANK, "ELCHER , tl/ee .,s
RES0#48, ESTABLISHING CITY COUNCIL APPROVED 7-0 POLICY PROCEDURE (CLAYTON)
RESO 49, ADOPTING CITY COUNCIL APPROVED AS MENDED TRAVEL POLICY (CLAYTON) 7-0
HATHAWAY (I) PRESENTED AWARDS TO
WINNERS OF "TRASH TO TREASURE"
EARTH DAY CONTEST (2) SUGGESTED
BOARD & C ~ISSION INTERVIEWS BE SET
UP FOR 9 UPC~ING VACANCIES .
WIGGINS REQUESTED UTILITIES CH CK
INTO "OLD" NETERS IN INDUSTRIAL
SECTION Of CITY; SUGGESTED UTILITIES
GIV ADVANCE NOTICE OF FLUSHING OF
HYDRANTS ; ADVISED COUNCIL OF STATUS
0 TRA TRESTLE REPAIRS AT 8 llEVI PA
7-0
POLICY PROCEDURE ~NUAL TO BE C ~ENCEO
TO BE INCORPORATED INTO POLICY PROCEDURE MANUAL
NONE
TO
BILL
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8C CMGR GARY KOZACEK THANKED COUNCIL FOR NONE SUPPORT OF "GENERIC" RESO.I 46 AN D
ANSWERED SOME OF HABENICHT'S CONCERNS
9A COflt DEY MOTION ACCEPTING RESIGNAT ION OF ACCEPTED 7-0 NONE MARJORIE BECKER, P & Z COMM.
9B LIB SERY MOTION ACCEPTING RESIGNATION OF ACCEPTED 7-0 NONE JOHN GRAY , PUBLIC LIBRARY BOARD
lOA COflt DEY OROIIS (CB24 INTRO .BY BULLOCK) APPROVED 7-0 PUBLISHED ON FINAL 5/24/90; ORGANIZATIONAL CHANGES WITHIN CODIFIED INTO CODE 2ND QTR COMM.DEY.; §8-I (BULLOCK) I990 I2A CMGR CBI25 INTRO . BY CLAYTON APPROVED 6-1 (HABENICHT) SECOND READING 6/4/90 COO£ CHANGES REF LECT ING CITY'S
ORGANIZATIONAL STRUCTURE (CLAYTON)
I2B UTIL CBI26 INTAO . BY KOLTAY APPROVED 7-0 S£CONO READING 6/4/90 APPROVING AGREEMENT WITH USGS
GAUGING STATION AT UNION AVENUE (KOL TAY)
12C UTJL CBI27 INTAO . BY BULLOCK APPROVED 7-0 SECONO READING 6/4/90 APPROVING AGREEMENT FOR MAINTENANCE
WA STEWATER COllECTION SYSTEM BETWEEN
RIOAN AHO E l£WOOO (BUllOCK)
120 PUB NT OF APPROV£0 7·0 TO PROCEED
12 UTll TP APPRO¥ 0 1·0 UTI /WTP TO
12F UTil P
AP V 0 7·0 UTIL TP 0 0
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13A CHGR TRANSMITTED Z PROTEST LETTERS FOR
FOR CONSIDERATION AT PUBLIC PAVING DISTRICT NO. 33
HEARING ON 5/31 138 CHGR GAVE STATUS REPORT ON 4TH OF JULY
CONTRIBUTION REQUESTS TO BE CELEBRATION
MAILED 13C CHGR REQUESTED EXECUTIVE SESSION TO
FOLLOW ADJOURNMENT TO DISCUSS
COLLECTIVE BAP.GAINING PROCESS
14A CATTY MOTION TO ACCEPT EDOA PARKING APPROVED 7-0 LOT DEED (HATHAWAY)
14B CATTY MOTION TO AUTHORIZE CATTY TO OITER APPROVED 7-0 CATTY TO PROCEED APPEARANcE IN AllSTATE INSURARCE YS
WYCOfF l CITY (BULLOCK)
l4C CATTY MOTION TO APPROVE fiLING M MSaKI APPAOYED 7·0 CARPENTER YS COTTLE a CITY (IULLOCk)
14D CATTY TIMSMITTED COPY Of lffiER TO
CATTY TO SHARE RESPONS E LITTLETON R£: INSURANCE LITICiATICII
WHEN RECEIVED FROM LITTLETON lOWRY CLEANUP
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2.
3.
4.
5.
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S'l'tlDX SESSIOJ! AGENDA
MAX 21. 1990
5:30 P.M.
Teen Laiaure Canter -5:30 p.a.
Gary Xoaacek will be preaant to diacuaa hia Canter
Board of Adjuataant and Appeal• -6:00 p.a.
Maabara of the Board of Adjuataant and Appaala will be
praaant to diacuaa coaaon 9oala with Council
Town M"t1ft9
Diacuaaion of the Federal Fire Station and any other
topic• froa the Town Maetin9
City Mana9er•a Choice
city Attornar•• Choice
a. baolut on utabliahift9 reportift9 requireaenta for
birift9 of -.ploy"• of the City of En;lavood.
Council Naber • • Choice
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
MAY 21, 1990
7:30 P.M.
1. Call to order. 1 : t3 .;l_
2. Invocation. 0{) 3 ~
3. Pledge ot Allegiance. t/a -1-. £J~
4 • Roll call.
5. Minute•.
(a) Minute• ot the regular aeeting ot May 1, 1990. ~
General Oiocuooion. ft. J.P. H
(a) Mayor•• Choice. ~ ~
(b) Council Meaber'• Choice.
6.
r 1 -c) ci>
0 1
( ii)
(iii)
(iv) A r •elution
Procedure.
A re•olution for the adoption ot a Ci y
Council Travel Policy.
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7. Pre-Scheduled Visitors. (Please limit your
presentation to ten minutes.)
10. consent Agenda *
Approve on Second Reading
tt-15 (a) An ordinanc.raaending the Englewood Municipal Code
to reflect changes that have taken place within
the Departaent of co .. unity Developaent and the
Division of Building and Safety.
11. Public Hearing.
12. Ordinances, Resolutions, and Motions.
if ~-~(a) Reco .. andat ion fro• ths City Manater•s Office to
adopt a b ill tor an ordinance ... ndinq the Engle-
wood Mun icipal Code to reflect the chant•• that
have taken place within the City's organizational
structure. S1AP P SOURCE: Roqer Fraser, City Man-
jJ-
ager. Out f[1rn
(b ) Reco ndation froa the Water and • er Board to
adopt a bill tor an ordinance approving the United
States Gaoloqic 1 Survey Joint Fundint Atra .. ent
tor the operation and aa1nten nee ot a streaa tlov
gau;in9 station on the South Platte River at Onion
Avenue. Thia 9auqinq s~ation ia n ceaaary to
detaraine th aaoun ot water that c n be
tranatnred troa Ch ttield It aarvoir. STAPP -+ •
OURCI: Stu Fond , Dirac or ot o ili iea. f,
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(c) Reco .. endation from the Water and Sewer Board to
adopt a bill for an ordinance approving a
Waatewater Collection syatem Maintenance Agreement
with Sheridan. Under the propoaed agreement,
Englewood would provide aaintenance for a portion
of aewer line in Sheridan'• Santa Fe Induatrial
Park. STAFF JPURCE; Stu Fonda, Director of
~" Utilitiea. /~U:Jr A:.... ~1~ (d) Recoaaendation froa the Director of Public Worka tl to approve by aotion replacuent of the ~ ~ -\' ~ 1 ~· Servicenter fuel tanka. Replac .. ent of theae ~ t~~ \ .1~1 tanka waa approved during the 1990 budget proceaa ~ ~~.. '1 and ia neceaaary in order to update the fuel ~f'~· ayatea. STAFF SOURCE: Xella Waggoner, Director
of Public Worka. ~-<-<41-<-r
(e) Recoaaendation froa the Bi-City Superviaory
Coaaittee to approve by aotion the purchaae of two
ten yard duap trucka. Thia purchaae waa approved
during the 1990 budget proc••• and will replace
truck• in the fleet that are old and in poor
condition. STAFF SOURCE: Stu Fonda, .pir,ctor of
Bi-City Waatewater Treatment Plant. e~~~~
(f) Recoaaendation froa the Bi-City Superviaory
Coaaittee to approve by aotion the purobaae of one
dewatered aludge hauling trailer. Thia purchaae
1 waa approved during the 1990 budget proceaa and
will provide aore efficient operation of Bi-City•a
Beneficial Uae Prograa. STAFF SOURCE: Stu Fonda _[
Director of Bi-City Waatewater Treataent Plant. (l ~jfU1~
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* The followinq minutes were tranaaitted to Council the weeks of April 29 -May 12, 1990.
Public Library Board Meetinq of 04/10/90
Liquor Licenainq Authority Meetinq ot 04/18/90
Joint Retireaent Board Meetinq of 03/27/90
Police Retireaent Board Meetinq of 04/03/90
Houainq Authority Keetinq ot 02/28/90
Houainq Authority Special Meetinq ot 03/12/90
Downtown Developaent Authority Keetinq of 04/26/90
Planninq and Zoninq Coaaiaaion Meetinq of 05/08/90
Liquor Licenainq Authority Keetinq ot 05/02/90
(11(1(~-£~~(.,
(? IL'J A.' ...t
( k ,.IY' t.. ( 1-
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Re ular Session
May 21, 1990 -VERBATIM'S
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6 (b) (iii)
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Council Member Bullock stressed to the citizens that he shared their concerns ,
further that he intends to put a lot of weight on the recommendations of the
Fire Services Delivery Task Force. He encouraged the citizens to be in touch
with the Fire Services Delivery Task Force to make their voices heard.
Council Member Haben1cht ...
HABENICHT:
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6 (b) (v)
(v) A resolution concerning the City Council Travel Pol icy was
considered. Council Member Clayton explained this was the first policy to be
presented for the Policy Procedure Manual and was being sponsored by the Sub -
committee . The resolution was assigned a number and read by title:
RESOLUTION NO. 49, SERIES OF 1990
A RESOLUTION FOR THE ADOPTION OF A TRAVEL POLICY FOR THE CITY COUNCIL OF ENGLEWOOD.
BULLOCK : EXCUSE ME FOR UNDERTAKING THIS A LITTLE BIT EARLY. FIRST OF All
I 'D LIKE TO SAY THAT I DON 'T WISH TO ALIENATE MY FELLOW COUNCIL
PERSONS, AND AS YOU MAY KNOW THIS IS KIND OF A PET PEEVE WITH ME .
THE MEAT OF THE ORDINANCE, OR THE RESOLUTION STATES THAT COUNC ll
SHALL JUSTIFY PARTICIPATION FOR All TRAVEL, PROVIDE A SUMMARY EX -
PLAINING THE TRAVEL, MAKE A CONSCIENTIOUS EFFORT TO REMAIN WITHIN
THE DESIGNATED BUDGET , MAKE A DILIGENT EFFORT TO KEEP EXPENSES TO A
MINIMUM BY PURCHASING THE LOWEST AVAILABLE AIRFARE, ECONOMY HOTELS ,
ETC . AND THAT COUNCIL SHALL CONTINUALLY MONITOR TRAVEL EXPENDITURE S THROUGHOUT THE YEAR.
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VAN DYKE: WE HAVE A MOTION ON THE FLOOR, IS THERE A SECOND TO THE MOTION?
WIGGINS: I 'LL SECOND IT.
HATHAWAY: COULD I ASK FOR A LITTLE CLARIFICATION? ARE WE TALKING, IF WE'RE
TALKING PUBLISHING, ARE WE TALKING AS A LEGAL NOTICE OR ARE WE
TALKING REQUESTING THE EDITOR OF THE PAPER TO PUBLISH SOMETHING?
WHICH I DON'T THINK THAT'S SOMETHING THAT COUNCIL CAN 00 . I THINK
WE NEED A LITTLE CLARIFICATION.
BULLOCK: I'D LIKE IT TO BE IN A LITTLE MORE OBVIOUS PLACE THAN A LEGAL
NOTICES, WHICH ONLY THE ATTORNEYS SEEM TO READ.
VAN DYKE: HOW ABOUT, AS A SUGGESTION, THAT WE IN SOME WAY MAKE IT PUBLIC IN -
FORMATION, AH, I DON'T KNOW THAT I HAVE THE EXACT ANSWER TO THAT ,
BUT I THINK RITA HAS HIT ON AN IMPORTANT POINT. WHETHER IT IS
PUBLISHED IN THE SENTINEL OR NOT, IS CLEARLY UP TO THE EDITORS OF THE SENTINEL..
HATHAWAY : I DON 'T HAVE A PROBLEM OF PAYING TO PUBLISH IT EITHER, BUT THE
THING OF IT IS IS THAT ALSO ADOS ANOTHER EXPENSE TO THE CITY OF
ENGLEWOOD EVEN IF WE PUBLISH IT AS A LEGAL IT ADOS AN EXPENSE . I 'M
NOT AGAINST PUBLICATION AT All. I JUST DON 'T THINK WE CAN TELL THE
EDITOR WHAT TO PUBLISH IN HIS OWN NEWSPAPER .
VAN DYKE : ANOTHER WAY IS TO PUBLISH IT IN THE CITIZEN, BECAUSE THAT DOES GO TO EVERY RESIDENT .
WIGGINS : WOULD THAT BE SUFFICIENT, MR. BULLOCK, TO PUBLISH AT LEAST FOUR
TIMES A YEAR? AT LEAST THAT WAY , WE 'D GET SOH( ACCOUNTABILITY . IT
WOULD BE STARTING SOM(WHERE. WE 'VE GOT TO CRAWL BEFORE WE WA LK, YOU KNOW .
BULLOCK : I 'D LIKE TO SEE IT PUBLISHED IN THE SENTINEL, AND IF YOU NEED TO
TAKE IT OUT OF MY SALARY, DO IT. THEN SO BE IT .
VAN DYKE: I THI THAT 'S A MARVELEOUS OFFER, I JUST DON 'T THI THAT 'S AN
APPROPRIATE EXPENDITURE OF YOUR MONEY .
BULLOCK : ELSE •..
HATHAWAY : 1 JUST ANT TO CLARIFY IF W 'RE GOING TO REQUIRE IT TO BE
PUBLISHED, I THI WE 'VE GOT TO FINO A WAY TO PAY FOR IT . I 'M NOT
SAYING W SHOULD PAY FOR IT EITHER. WHAT I'M SAYING IS, IS W
CAN 'T PASS A RESOLUTION THAT SAYS W R OUJR PUB ICATION IN TH
ENTINEL UNLE S W 'R WI LLI TO PAY FOR THAT PUB !CATION, B CAUS
OTHERWIS W CANHOT GUAAANTEE THAT PUB ICATJON.
BUllOC WOU D MY FEllOW COUNCIL R
TH R SOLUTI STAll THAT W
liON IN AN 08VIOU PLAC IN TH
EGA TIC S S CTION?
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VAN DYKE: WOULD MR. WIGGINS SUPPORT A SECOND ON THAT?
WIGGINS: YES, I WOULD.
DEWITT: MAYOR, COULD I ASK THE CITY CLERK A PRACTICAL QUESTION HERE? WHEN
WE SEND SOMETHING OVER TO THE SENTINEL FOR PUBLISHING, HOW DIF -
FICULT WILL IT BE TO SET UP ANOTHER SECTION OF THE NEWSPAPERS, BE -
SIDES JUST THE LEGAL NOTICES? WOULD THAT BE DIFFICULT?
CLERK: I THINK THAT WOULD HAVE TO BE ADDRESSED TO THE ... I MEAN ....
DEWITT: NO PROBLEM?
CLERK: I, YOU KNOW, I CAN HANDLE THE LEGAL NOTICES, BUT I DON'T KNOW ABOUT
ANY OTHER SECTION IN THE PAPER .
DEWITT: WOULD WE HAVE TO HAVE ANOTHER FORM?
FRASER: MAYOR, MY ASSUMPTION IS IS THAT WHAT WE 'RE TALKING ABOUT IS JUST A
PAID ADVERTISEMENT UNDER THOSE CIRCUMSTANCES, AND WE WOULD BUY A, A
CERTAIN AMOUNT OF SPACE, WHATEVER IS NECESSARY TO INDICATE WHENEVER
IT IS THAT WE DO THAT, WHETHER IT'S AN 1/8 OF A PAGE OR SOMETHING,
WERE WE WOULD JUST PRINT OUT THIS IS BEING PROPOSED. AND IT WOULD,
IT COULD BE DONE WITHOUT MUCH DIFF ICUL TV. WE COULD ESTABLISH A FORM FOR THAT.
BULLOCK; AND MAYBE , MAYBE IT COULD BE THE PROCEOURE TO HAVE IT PUBLISHED AT
LEAST TWICE. IN TWO EDITIONS.
CLAYTON: WHY TWICE, TIM?
BULLOCK: WELL, BECAUSE A LOT OF PEOPLE DON 'T SEE IT, SEE A LOT OF THINGS TH FIRST TIME.
ClAYTON: WHY NOT SIX TIMES? I MEAN, CAN 'T WE EXPECT TH PEOPLE TO READ TH PAPER ONCE ?
BU LOC : 1'0 BE I FAVOR OF SIX TIM $, BILL. IF YOU 0.
CLAYTON: JF CAN T
VAN OY E: OKAY, CENTL H. I, I GO TO AlEX .
MO TION AS , I 8 LIE V ,
CL ARIFI CATI •
c I I CAN I IT . f 01
THAT SOON . OKAY, , YOU T ttl
YOIJ 'R TA I AIOUT OR 00 YOU
R SOLUTJ ?
TO 8 , A AOY FOR IT
I I THAT T
TO AP V TH
V OY Tl TO
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CLERK: OKAY, THE MOTION TO AMEND IT WOULD BE TO ADD THE SECTION 6, AN AD -
DITIONAL SECTION, I'M SORRY TO BE STUMBLING AROUND ON THIS, OKAY
HERE WE GO. SECTION 6 -TO THE EFFECT THAT COUNCIL SHALL PUBLISH
All TRAVEL EXPENDITURES IN THE SENTINEL REQUESTED AND PRIOR TO THEIR BEING VOTED UPON.
BULLOCK: WHEN REQUESTED. HOW ABOUT LEAVING OUT THE WORD REQUESTED.
CLERK: IN THE SENTINEL AND PRIOR TO THEIR BEING VOTED UPON? OKAY, SO
THAT'S AN AMENDMENT TO THE MOTION TO THE RESOLUTION NO. 49 THAT 'S
ALREADY BEEN AMENDED ONCE, AND WE'RE ADDING A SECTION 6.
HATHAWAY : CAN WE HEAR THAT AGAIN?
CLERK: OKAY, COUNCIL MEMBER BULLOCK MOVED TO AMEND RESOLUTION NO. 49 ,
ADDING A NEW SECTION TO BE NUMBERED SECTION 6 TO THE EFFECT THAT
COUNCIL SHALL PUBLISH All TRAVEL EXPENDITURES IN THE ENGLEWOOD SEN -TINEL PRIOR TO THEIR BEING VOTED UPON.
CLAYTON: WE DON'T HAVE A PROVISION FOR THEM BEING VOTED UPON NOW. WOULD IT
BE YOUR INTENTION THAT WE WOULD ADD ONE OF THOSE, PERHAPS TO SEC -TION I?
BULLOCK: THAT'S A GOOD IDEA . I 'D LIKE TO MAKE A SECOND AMENDMENT .
VAN DYKE : OKAY, BEFORE WE GET INTO REALLY COMPLEXING THIS MOTION , LET 'S JUST
TAKE A MOMENT, IF YOU DON 'T MIND , AND LOOK AT ANOTHER VIEWPOINT.
ALEX, DID YOU HAVE SOMETHING ELSE ON THIS, OR DO YOU HAVE A GENERA L
STATMENT ? KAY I MAKE A SUGGESTION? OKAY, HERE 'S A PRACTICAL SUG -GESTION . ALL RIGHT .
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VAN DYKE: IS THERE A SECOND TO THE TABLE? DIES FOR A lACK OF A SECOND.
KOLTAY: YOUR HONOR, I HAVE A COUPLE OF COMMENTS. BASICAllY I THINK THERE
IS A lOT OF SUPPORT, TIM, FOR PEOPlE KNOWING EXPENDITURES THAT
EVERYONE OUTLAYS . DURING MY TERM ON COUNCIL HERE ONE OF THE THINGS
I STRIVE TO SEE IS THAT THE ACTUAl EXPENDITURES OF CITY COUNCIL 'S
BUDGET BE PUBLISHED AND GIVEN TO EACH OF US MONTHLY . PAID FOR AD -
VERTISING CAN BE DONE ANYWHERE PROVIDED THE CIRCULATION OF THE
NEWSPAPER APPROVES THE AD THAT YOU'RE PUBLISHING. THE ENTIRE COUN -
Cil BUDGET CAN BE PUBLICIZED, All OF THE SALARIES OF All THE PEOPLE
IN THIS CITY CAN AlSO BE PUBLICIZED. AND WHEN WE START TALKING
ABOUT EXPENDITURES INDIVIDUAllY, MAY BE WHAT WE SHOULD REAllY lOOK
AT IS HOW AND WHO SPENDS THEM AND PUT THOSE INTO liNE ITEMS IF
THAT'S WHAT YOU WANT TO SEE. TO RANDOMLY CHOOSE ONE ITEM WHICH IS
COUNCIL TRANSPORTATION CONFERENCES AND TRAVEL IS A LITTLE BIT
RIDICULOUS TO SEEMS TO ME WHEN YOU lOOK AT SOME OF THESE OTHER FIG -
URES. I THINK THAT COUNCIL IN GENERAl IS lOOKING AT THIS RESOLU -
TION AS A STEP TO GET THIS TO THE FOREFRONT, THAT WE SET THE EXAM -
PLES THROUGHOUT THE BUDGETING PROCESS . I THINK WITH THIS POLICY
AND THE RESOLUTION IN PLACE YOU WILL SEE THAT COUNCIL MEMBERS Will
START PAYING ATTENTION HOW THAT MONEY IS EXPENDED, BECAUSE IT Will
BE IN FRONT OF THEM All THE TIME. IF IT'S COMFORTING TO HAVE SOME -
THING PUBLISHED THEN I THINK THAT YOU SIMPLY NEED TO REQUEST THAT
OUR EXPENDITURE REPORT BE PUBLICIZED FROM TIME TO TIME, AND I THINK
All COUNCIL MEMBERS WOULD NOT HAVE ANY PROBLEM WITH THAT.
VAN DYKE : TIM, YOU 'VE GOTTEN A NUMBER OF ADVICE AND POSITIONS, TIM , SO I 'll THROW IT BACK TO YOU .
BULLOCK : OKAY . ROGER, I APPRECIATE YOUR COMMENT, AND I THINK THAT 'S A FAIR
COMMENT TO MAKE AND I AGREE WITH IT . BUT I DON 'T WANT TO THOUGH
DILUTE THIS SPECIFIC ISSUE, BECAUSE, YOU KNOW, IT IS A PARTICULAR LY
SENSITIVE ISSUE . AND THERE HAVE BEEN IN THE SHORT TIME I 'VE BEEN
ON BOARD HERE THREE OR FOUR PARTICULARLY SENSITIVE ISSUES, THIS IS
ONE OF THEM . THAT 'S WHY I THI IT DESERVES ITS OWN TIME IN TH E
SUN , SO TO SPEAK . AND PERHAPS , PERHAPS YOUR SUGGESTION IS WARRAN -
TED AS WE LL. I '0 liKE NOT TO SE IT , THI S PARTICULAR AMENOM NT Di l UTED BY THA T.
lGGI N :
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BUllOCK: AND EXPOSE IT TO THE CITIZENS . BECAUSE IT'S NOT ME THAT YOU'RE ACCOUNTABLE TO, IT'S THE CITIZENS .
VAN DYKE: WELL, YOU KNOW, I HAVE TO STATE IN GENERAL THAT WE'RE STILL LEARN-
ING FROM THIS, CAUSE TIM THIS IS THE VERY FIRST ATTEMPT AT ANY TYPE
OF WRITTEN ACCOUNTABILITY OR POLICY OF COUNCIL IN MY KNOWLEDGE IN
THE HISTORY OF THIS CITY COUNCIL. AND I MIGHT STATE ALSO, JUST FOR
THE RECORD THAT IN 1980 THE TRAVEL BUDGET WAS $12,000 -THEY SPENT
OVER $12,000. LAST YEAR WE SPENT ABOUT $6,000. JUST FOR OBSERVA-
TION PURPOSES. I'D LIKE TO SAY THAT WE'RE CERTAINLY OPEN TO
RESPECTING YOUR REQUEST IN TRYING TO ADDRESS A POSSIBLE WAY AND
YOU'VE COME UP WITH AN ADDITIONAL SUGGESTION THAT HAS A LOT OF
MERIT. MAYBE WE NEED TO TABLE THIS AND WRITE INTO THE ORIGINAL
RESOLUTION SEE WHAT WE HAVE NOW IS AN AMENDMENT TO THE AMEND -
MENT TO THE RESOLUTION, AND IT'S REALLY VERY CONFUSING TO THE CITY
CLERK AT THE VERY LEAST AND RATHER THAN CHANCING THE FACT THAT IT
REALLY GETS MUDDLED, YOU KNOW, I'M CERTAINLY 100S WILLING TO AD -
DRESS IT SPECIFICALLY AS SOON AS POSSIBLE TO GET YOUR CONCERNS INTO THE RESOLUTION .
BULLOCK: FOR THE RECORD, THE MOTION HAS BEEN FORWARD TO TABLE IT, IT DIED
FOR A LACk OF A SECOND. I 'D LIKE TO GO AHEAD AND CALL FOR THE QUESTION . COULD ...
CLAYTON; BEFORE YOU DO THAT, LET 'S MAKE SURE THAT WE UNDERSTAND DO WE WANT
TO DO THAT OTHER AMENDMENT AND APPROVE BY VOTE ON NO. I?
DEWITT: LET'S ASk RICk DEWITT AND PAT TO CLARIFY WHAT VE'RE VOTING ON.
CLAYTON: YEAH, V£ DO, BUT I OON'T THINk ...
VAN DYKE : BILL. WE 'RE GOING TO ASK FOR CLARIFICATION .
DEWITT : LET'S GO THROUGH SOt£ BACK GROUND HER£. RESOlUTION 49 HAO ONE
AMOIJMENT TO SECTION 3 THAT WAS APPROVED? (CONCURRENCE) WE 'RE NOT
WORKING ON AMEIOtENT WHICH IS TO AOO SECTION Z, SECTION 6 EXCUSE
ME, SECTION 6 WOULD REQUIRE, OKAY , THE CITY SHAll PUBLISH TH
TRAVEL EXP£NOITURES IN THE ENGLEWOOD SENTINEL PRIOR TO THE EXPENDI -TUR • AS I ERSTAND TH I RIGHT
BULLOC : PROPOS 0 TRAY l XP NOITUR S.
VAN DY E: THAT 'S TH F I ST IOtENT WE ' R VOTI ON .
D WITT :
YAH OYk
0 WI TT:
THAT 'S TH FIRST •.•.
IT 'S TH ON. TH SECOND
• 7 -
... t YOU, RITA . I . •
•
• •
BULLOCK: YES.
DEWITT: OKAY. PUBLISH THE PROPOSED EXPENDITURE IN THE ENGLEWOOD SENTINEL
PAID ADVERTISING SECTION PRIOR TO THE EXPENDITURE. THAT IS THE
AMENDMENT ON THE FLOOR. I BELIEVE THAT COUNCILMAN WIGGINS SECONDED
THAT AMENDMENT. THAT AMENDMENT IS ON THE FLOOR.
VAN DYKE: AND THAT'S THE QUESTION THAT WAS CALLED FOR?
BULLOCK: RIGHT.
HABENICHT: IT'S APPROPRIATE TO CALL FOR THE QUESTION BECAUSE ANYBODY HAS HAD
AN OPPORTUNITY TO COMMENT?
DEWITT: WELL, WE UNDERSTAND THAT IS WHAT THE DISCUSSION HAS BEEN ON. IS ON
THIS TOPIC.
HABENICHT : I HAD NO OPPORTUNITY TO MAKE A COMMENT. IS, DO I HAVE A RIGHT TO
COMMENT BEFORE THE QUESTION IS CALLED, OR IS THAT AFTER EVERYBODY
HAS HAD AN OPPORTUNITY TO COMMENT?
DEWITT: WELL, ACCORDING TO ROBERTS RULES OF ORDER, IT 'S FOR COMMENT, AND I
DON'T, I THINK IF ....
HABENICHT : SO WE CAN CUT OFF COMMENT? THAT 'S WHAT YOU 'RE SAYING? I JUST WANT
TO UNDERSTAND IT .
DEWITT: WELL, 1 DON 'T · AT THE PRESENT TIME, I 'M NOT SURE OF THE STATUS . I
DON'T KNOW WHAT THE INTENT OF THE PARTY WAS . WAS YOU INTENDING TO
CLOSE COMMENT? OR ...
BULLOCK : ACTUALLY , I WANTED TO GET ON WITH THE VOTE . BUT IF YOU 'D LIK E TO
COMMENT ON IT, I PERSONALLY DON 'T HAVE A PROBLEM WITH THAT.
HABENI CHT:
I .
-
•
•
•
• •
VAN DYKE: OKAY, WE'RE VOTING ON THE SPECIFIC AMENDMENT THAT WAS READ TO US
MOMENTS AGO. MORE DISCISSION? PLEASE VOTE.
CLERK: FIVE AYES, 2 NAYS -THOSE VOTING NAY COUNCIL MEMBER HABENCIHT AND
MAYOR VAN DYKE.
VAN DYKE : AND JUST FOR A VERY BREIF CLARIFICATION AS TO MY NEGATIVE POSITION .
I FELT THAT THE BEST ARENA FOR THE COMMUNICATION IS THE CITIZEN AS
THAT DOESN'T COST ANY EXTRA MONEY .
BULLOCK : WE CAN DO THAT TOO, THEN.
VAN DYKE : NOW WE 'RE BACK TO ANOTHER AMEOENT MR. DEWITT? TO THE ORIGINAL
llllTION .
CLAYTON: YOUR HONOR, I WOULD AT THIS TIME llllVE TO AMEND SECTION 1 TO ADD THE
PHRASE AFTER ATTENDANCE •, AND APPROVED BY VOTE .•
VAN DYKE : WOULD YOU REPEAT THAT AGAIN, MR. CLAYTON?
CLAYTON: I WOULD AMEND SECTION 1 SO THAT IN ITS ENTIRETY IT READS: •EACH
COUNCILMEMBER SHALL JUSTIFY PARTICIPATION FOR ALL TRAVEL EVENTS
PRIOR TO ATTENDANCE AND APPROVED BY VOTE. •
HATHAWAY: I THINK THAT NEEDS TO BE CLARIFIED.
CLAYTON: OF THE COUNCIL?
HATHAWAY : BECAUSE TECHMICALLY YOU COULD BE PUTTING THAT TO A VOTE OF THE EN-
TIRE POPULACE.
CLAYTON: Of THE COUNCIL. TtWIK YOU.
VAN DYKE : IS THERE A SECOND TO MR . CLAYTON'S AME NT?
KOLTAY: SECOND.
HATHA AY : I'D LIK TO ALSO HAVE ANOTHER CI.AAIFICATION • AR TA
MAJORITY VOTE? ETC ., ETC .• ETC ., TC •
0 WITT : 0
0 8 THE
V D P EAS VOT •
0 TO TH
0 ITT : , MAY • I .
•
•
'' •
VAN DYKE :
I . .
• 10 •
•
• •
INTENTION OF JUSTIFYING IT AND PROVING THAT IT IS WELL WORTH EXPEN -
DITURES THAT WILL OCCUR . AND I JUST WANTED TO SHOW THAT ONE
SPECIFIC EPISODE AND SHARE THAT WITH ALL OF YOU.
BULLOCK : SUSAN, THANK YOU . THIS IS MY INTENT -GETTING SOME DIALOGUE
BETWEEN THE COMMUNITY AND COUNCIL MEMBERS . THANK YOU .
VAN DYKE : OKAY, GOOD. NOW, IS THERE ANY OTHER DISCUSSION ABOUT THE MOTION
THAT'S ON THE FLOOR?
HABENICHT :
• 11 •
I .
•
• •
POSSIBLE." I WOULD PREFER TO SEE THAT TO SAY THAT COUNCIL WOULD
HAKE AN EFFORT TO KEEP EXPENSES TO A MINIMUM BECAUSE AS SOON AS WE
START PUTTING CONDITIONS HERE THERE AND EVERYWARE, WE'RE JUST OPEN -
ING OURSELVES TO MORE PROBLEMS AND PERPETATIONS. I CAN REMEMBER A
TIME WHEN MAYBE THERE WAS AN UNSAFE CONDITION BY TAKING PERHAPS THE
LEAST ECONOMICAL. YOU KNOW WE CAN GET INTO THOSE KINOS OF THINGS .
I THINK THAT WE HAVE RESPONSIBLE, THOUGHTFUL, CARING PEOPLE ON THIS
COUNCIL, AND WHILE I TAKE ISSUE WITH A LOT OF MEMBERS ON THIS COUN -
CIL ON A LOT OF ISSUES, AND I DON'T THERE THERE IS ANYBODY THAT I
HAVE AGREED WITH ALL THE TIME, I HAVE TO ADMIRE THE AMOUNT OF COST
SAVINGS KINOS OF EFFORTS THE COUNCIL MEMBERS HAVE TAKEN, AND I
THINK IT'S COME FROM THE BUSINESS ASPECT -I KNOW I 'M GOING ON AND
ON. -AND I, YOU KNOW, I JUST WANT TO COMPLIMENT THE MEMBERS OF
COUNCIL FOR THOSE REASONS . THANK YOU.
VAN DYKE : ARE WE READY TO VOTE ON THIS MOTION? PLEASE VOTE .
CLERK : SEVEN AYES .
* * * * *
12 (a)
COUNCIL ME .. ER CLAYTON MOVm, AND IT WAS SECONDED, TO APPROVE ON FIRST READING
COUNCIL IILL NO. 25, SERIES OF ltto.
Council Member Habenicht explained that she has difficulties with the two
aspects of the reorganization ....
• lZ •
I .
•
• •
SHIP IN THE WAY THAT HE'D LIKE TO RUN IT UNTIL IT'S SHOWN TO OUR
DETRIMENT TO BE RUN OTHERWISE.
VAN DYKE: ANYTHING ELSE? PLEASE VOTE.
CLERK: SIX AYES, ONE NAY -COUNCIL MEMBER HABENICHT
• 13 •
I
I . .
•
• •
&EIIERAl A&EIIDA ITEII COIItEIIT ROSTER
DATE: MAY 21, 1990
MY PERSOII MAY SPEAK ---,_ -ITII. EACH SUCH PERSON IIJST Sl&N
THIS ROSTER. STATIII& liM£. ADDRESS. Aim A&EIIDA ITEII .... ER. PLEASE LJIUT YOUR
COIItEIITS TO FIVE MINUTES.
THOSE PERSCIIS MHO lUSH TO SPEAK IN FAVOR OF OR IN OPPOSITIOII TO A PUILIC
HEAIIII&, SHOULD SliM THE APPLICABLE PUBLIC HEARING ROSTER.
PlEASE PRINT.
ADDRESS
3 F::l 2 IB Lu I
••
I . .
-
•
•
• •
PUBLIC COMMENT ROSTER
DATE: MAY 21, 1990
MY PERSON MY SPEAK ON MTTEIS 011IEil T1M1 MID ITEIS FOR A MAXIMUM OF FIVE
IUIITES. EACH SUCH PERSON SHOULD Sllll THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
THOSE POSOIIS litO IIISH TO SPEAK IN FAVOR OF OR IN OPPOSITION TO A PUBLIC
HEARINI SHOULD SliM THE APPLICABLE PUBLIC HEARING ROSTER.
PLEASE PRINT •
I . .
1. Call to Order
•
• •
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
May 1, lito
SA
The regular .. eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:37 p.M.
Z. Invocation
The invoc at ion wa s given by Council MeMber Wiggins.
3 . Pledte of Allegiance
The Pledge of Allegiance wa s led by Mayor Van Dyke.
4 . loll Call
Present : Council .....,_rs Hathaway, Koltay, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Absent:
A quoru. was present .
Also present:
None
City Attorney DeWitt
Ctty Cler Crow
Ofrector anush, Ca..unlly DevelopMent
Director a99oner, Public r s
T£: Ctty nag r fras r lertd th etf at 7:47 p.
S. Mtnut
(1) ll
IUIIITU Of' TMf U
Ay ,
.. y :
tlon carr td .
6 . ra1 o eu ion
( )
SI:COIIDO, TO AHilOVE TNf
99 ns, 8ulloc ,
I . •
-
Englewood City Council Minutes
May 1, 1990 -Page 2
•
• •
(i) Mayor Van Dyke advised Council of invitation by Greater Engle -
wood Chamber of Commerce to meet with the Chamber on May 22 , 1990, 5:30 p.m.
at Woody's, Golf Course Clubhouse .
( i i)
Beverly P. Simon
standing citizen
in its entirety .
Mayor Van Dyke asked that a resolution be considered naming
as the first recipient of an annual award designating an out -
of Englewood. The resolution was assigned a number and read
RESOLUTION NO. 43, SERIES OF 1990
A RESOLUTION NAMING BEVERLY P. SIMON ENGLEWOOD'S OUTSTANDING CITIZEN OF 1990 .
MAYOR VAN DYKE MOVED, AND IT liAS SECONDED, TO APPROVED RESOLUTION NO. 43, SERIES OF 1990.
Ayes : Council Member s Koltay, Hathaway, Wigg ins, Bullock,
Clayton, Habenicht , Van Dyke
Nays: None
Motion carried. Resolution No. 43 will be presented to Ms . Simon by members
of City Council at the Town Meeting, May 15, 1990 .
(b) Council Member 's Choice
(I) Council Member Habenicht advised Council she would be in at -
tendance at the Town Meeting, having successfully postponed a jury duty suM-
mons. She also reported the satisfactory resolution of a citizen's inquiry
about pollee response tl.e in a recent incident; she co.pli-anted the Pol lee
Depart.ant for the speedy apprehension of the suspect.
(f ) Coun cil r Wiggins asked how nqulrles are being handled
conce rning the EURA bond d fau l , as he has r cel ved sev ral. Mayor Van Oy
adv ised that nqu i r l es of that nature sho uld be referred to the Ci ty Manag r's
s cre tary ; May or Van Dyke intends to respond to th p rsonally .
•t n 1
r 1d y
SOLUTJ
( t I ) Counc 11
(I) s
I sur c nter•
le :
• 44 , SERI S Of 1990
UPPORTI G TH TEEN l I
COUNCIL El HATHAWAY MOVED, MD IT
44, S[li[S Of 1tto.
COUNCIL HMDUCHT NOVO, MD IT
Of IESOlUTIOI NO. 44 TO IIIIOVIOE
Ay s: C " 11
N : Cou 11
d at d.
CENTER C Pl .
I •
Englewood City Council Minutes
May 1, 1990 -Page 3
•
• •
Council Member Clayton expressed concern about the need for such a center; he
also objected to supporting a specific organization with limited information available.
COUNCIL NEMER BULLOCK NOVm, AND IT WAS SECONDm, TO SUSPEfll THE RULES TO
PERMIT GARY KOZACEK TO SPEAK TO COUNCIL COIICEIIIIN& THIS SUBJECT.
Ayes: Council Metlbers Koltay, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke
Nays: None
Motion carried.
Gary Kozacek, 1260 West Oxford Avenue, disputed Mr. Clayton's ca..ents, stat-
ing that sufficient data had been provided . However, he went over the
specifics of Teen leisure Center, Inc., a non -profit organization . He
stressed the need for a place for youth to congregate outside the established
school progra.s, the Recreation Center, and Cinderella City Mall, citing prob-
letlls with those places . The various progra.s were discussed extensively,
after which Council MeMber Bullock called for the vote on passage of Resolu -tion No . 44 , series of 1990:
Ayes: Council Metlbers Koltay, Hathaway, Bullock
Nays: Council Me.bers Wiggins, Van Dyke, Habenicht, Clayton Motion failed.
Mr. Kozacek requested a reason from each Council Member who voted in opposition.
Mayor Van Dyke explained that since the vote had been called for before she
had an opportunity to question hi• about so.e points of concern, she felt un -
able to support Resolution No. 44 . She encouraged Mr . Kozacek to pursue the Issue at a future study session.
Council Mt.btr Clayton reiterated hfs previous ca..ents about the lack of tn -fo~tton and stated he still questioned th need for a center of this nature .
Council r Habenicht explained sh had voted "no• as she was not ready to
vote "yes .• That was her purpose in atte.pttng to postpon action . Sh d d
not f 1 th ls su had been addre sed ad quately .
7. ,...
a n or T n Le su
a a future s tudy ss o or
yor that
YO I .
Englewood City Council Minutes
May 1, 1990 -Page 4
8 . Non-scheduled VIsitors
•
• •
(a) Gary Kozacek , 1Z60 West Oxford Avenue, speaking on behalf of Veto
Binetti, 371Z South Broadway, requested that Council reconsider the paving
district assessment for Mr. Binetti 's property at 3700 South Broadway (for
paving and concrete in the 000 block of East Kenyon). Mr. Kozacek explained
that Mr . Binetti had been info~d his assess.ent would be $1 ,703.92; however,
he feels that the figure should be adjusted because he felt he had suffered
considerable loss of business when the left -hand turn into his business loca -
tion was disallowed . Mr . Binetti was advised that a response to his concern would be available at the public hear ing on May Zl.
(b) Robert Fischbach, 4640 South Knox Court, presented several problems
concerning fire protection which he did not feel had been adequately addressed by City Counctl: 1) lack of Manpower;
2) only one rescue unit in operation; and
3) the consideration of closing any of the fire stations,
especially the Federal Fire Station.
After presentation of those concerns, Mr . Fischbach asked specifical ly :
1) that Council consider the wishes and desire s of the citizens
of the City who have the right to expect adequate fire protection ;
2) that Council confer with fire staff personnel in regards to solutions they Might have;
3) that Council consider the wis he s of the Fire Service Delivery Task Force.
Mr . Fischbach concluded s tating , "Englewood taxpayers deserve the a1110unt of fire protection that they are paying for .•
Th aatter WI S further d scussed; th question or when a r port can be expec -
ted fra. the Fire Service Delivery T1sk Force was raised . Mr . Fr1ser ldvised
that 1 r port should av1fhbl ady August prior to Council 's budge d 1 l berattons .
I • •
Englewood City Council Minutes
May 1, 1990 -Page 5
•
• •
Council Member Hathaway explained why she was pushing for a decision, one way
or the other, on the Federal Fire Stat i on, stating that when Council voted on
February 20 to keep the station open it was with the i ntention of doing so on
a two-110nth basis to be reviewed at the end of April with the two prev ious
110nths. She stressed the importance of letting the Fire Service Delivery Task
Force ca.plete its study without Council ".uddling up the process.• Also im-
portant is to give clear direction to the administration about Council's intent.
Mr. Fischbach brought up again the manpower level, which was further discussed
along with other Issues previously mentioned by him .
In conclusion it was suggested that Mr. Fischbach feel free to attend meetings
of the Fire Service Delivery Task Force; he advised Council that his wife is a
member of the Task Force so he Is quite aware of their efforts. He stressed
again that fire protect ion affects all citizens of Englewood, not just the
Centennial area citizens, that overall fire protection needs to be reviewed
for the entire city. Mutual aid was ~ntioned and briefly discussed.
(c) Ken Waechter, 3127 II . Tufts Avenue, stated he felt there is a
general consensus that the Fire Service Delivery Task Force will be reca..end -
ing the closure of the Federal Fire Station . However, he asked what would
happen if the reco..endat1on Is to keep It open and he said no one se .. s to
have an answer to that question. He asked about how the recently purchased
fire truck is to be unned with current unn1ng levels. He also stated the
rescue unit situation could not be solved without additional unpower. He
cited two Incidents for which it was necessary to utilize Sheridan for trans -
port as even private transport was unavailable. He does not feel that
Sheridan services equate to services pnforwtct by Englewood personnel; also
that the pay.ent of Englewood taxes should provide services perfo~ by En -
ylewood personnel, not Sheridan. He further co..ented that he would do
whatever Is necessary• to assure that services to his area ar perfo~ by
Englewood, the city that receives his tax dollars.
9. c-.ttcattons and Procl-ttons
(1) The City Clerk was asked to re1d a procl
1990, as "Englewood law Day .• ion d clar n9 May 1,
COUNCIL El IUlLOCIC MDYm, AM» IT WAS S[C
• fMl[WOQO LAII DAY . •
>\yes:
, TO IIIOCLAUt Y 1, lttO, AS
Nays :
Hot1on carried .
1 o . Con tnt Atencla
T re r no t to
Council
Clay on,
on
con de
away, Vlgg ns, lulloc ,
u r Co11 "' I • •
Englewood City Council Minutes
May 1, 1990 -Page 6
11 . Public Hearing
No public hearing was scheduled.
12. Ordinances, Resolutions and Motions
•
• •
Director Wanush presented recommendations from the Department of Community
Development rehting to amendments to the Englewood Municipal Code for the
adoption by reference of various Uniform Codes and Standards (Agenda Items
12(a), (b). (c). (d), (e), and (f) as indicated below). Mr . Wanush also
recommended that Agenda Item 12(g) be approved as to the administration of the
Uniform Codes once adopted ; he further recommended that the organization a 1
chart included in Agenda Item 12(g). Council Bill No. 24, be deleted . Mr .
Wanu sh briefed Council on the various recommended modifications.
(a) The City Clerk was asked to read Coun ci l Bill No . 14, entitled:
COU NCI L BILL NO . 14, INTRODUCED BY COU NCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE REPEA LING CH APTER 2A (BUILDING CODE) OF TITLE 8, EN -
GLEWOOD MUNICIPAL CODE 1985 , AND REENA CTI NG A NEW CHAPTER 2A, ADOPTING BY
REFERENCE THE UNIFORM BUILDING CODE, 1988 EDITION, INCLUDING APPENDIX CHAPTER D
12 -DIVISION II; CHAPTER 23 -DIVISION I; CHAPTERS 26, 32 , 49, 51, 55 AND THE
UNIFORM BUILDING CODE STANDARDS, WITH CERTA IN EXCEPTIONS, P«>D1 F I CATIONS AND AM ENDMENT S.
COUNCIL MIIIU HATHAWAY MOVED, MD IT WAS SECCII)ED, TO A'NOVE 011 FIIST READ -INC COUNCIL IILL NO. 14, SERIES Of 1990.
Ayes : Council Members Koltay, Hathaway , Wiggins, Bullock,
Clayton, Habenicht, Va n Dyke Nay s: None
Mot ion carrf d .
(b) The Cf y Cle r wa s as ~ to read Council Bill No. IS, en l tled :
A BILL
GLE
REFERE
A 8,
CDU IL Bill 0 . 15, INTRODUCED BY COU Cll MEH ER OLTA
COUNCil MEMI£1 KOLTAY MOVED, AND IT WAS SECOIIDED, TO A'NOV E 011 fiiST IEADI COUNCil llll NO . 15, SEIIES OF ltto .
8,
A s: Council rs Kol ay , Ha haway, Wtggtn , Bulloc ,
Clay on, Ha nfch , Van 0
Mo ton c rrl s: on
(c) T Ct o ad Co t 1 Ill
I .
Englewood City Council Minutes
May 1, 1990 -Page 7
•
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COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER WIGGINS
A BILL FOR AN ORDINANCE REPEALING CHAPTER 2C (PLUMBING CODE) OF TITLE 8, EN -
GLEWOOD MUNICIPAL CODE 1985, AND REENACTING A NEW CHAPTER 2C ADOPTING BY
REFERENCE THE UNIFORM PLUMBING CODE, 1988 EDITION, WITH APPENDICES AND INSTAL -
LATION STANDARDS, SUBJECT TO CERTAIN EXCEPTIONS, MODIFICATIONS AND AMENDMENTS.
COUNCIL MEMBER VI&&INS MOVED, AND IT VAS SECONDED, TO APPROVE ON FIRST READING COUNCIL IILL NO. 1&, SERIES OF 1910.
Ayes : Council Members Kolhy, Hathaway, Wiggins, Bullock,
Clayton, Habenicht, Van Dyke Nays: None
Motion carried.
(d) The City Clerk was asked to read Council Bill No. 17, entitled:
COUNCIL BILL NO . 17, INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE REPEALING CHAPTER 2D (ELECTRICAL CODE) OF TITLE 8,
ENGLEWOOD MUNICIPAL CODE 1985, AND REENACTING A NEW CHAPTER 2D ADOPTING BY
REFERENCE THE NATIONAL ELECTRICAL CODE, 1990 EDITION, INCLUDING APPENDICES AND
THE UNIFORM ADMINISTRATIVE CODE PROVISIONS FOR THE NATIONAL ELECTRIC CODE,
SUBJECT TO CERTAIN EXCEPTIONS, MODIFICATIONS AND AMENDMENTS .
COUNCIL NDIER HAIENICHT MOVED, AND IT VAS SECONDED, TO A'PitOVE ON FIRST READ-Ill COUNCIL IILL NO. 17, SERIES OF 1tto.
Ayes : Council Metlbers Koltay, Hathaway, W 99ins, Bullock ,
Clayton, Habenicht, Van Dyke Nays : None
Motion carried .
(e) The City Cler wu asked to r ad Council Bill . 18, ntitled :
C ll Bill . 18, IN TRODUCED 8 C Cll M( ER CLAYT
COUNCil
COUNCIL IILL NO. 11,
Ay s :
N '1 :
carrt •
( ) T Ctt Cl
ll f ll . l 0
ttl I .
Englewood City Council Minutes
Hay 1, 1990 -Page 8
•
• •
A BILL FOR AN ORDINANCE REPEALING CHAPTER 2F (DANGEROUS BUILDING CODE) OF TI -
TLE 8, ENGLEWOOD MUNICIPAL CODE 1985, AND REENACTING A NEW CHAPTER 2F ADOPTING
BY REFERENCE THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1988
EDITION, SUBJECT TO CERTAIN EXCEPTIONS , MODIFICATIONS AND AMENDMENTS.
COUNCIL NtR10 ICOLTAY MOVm, AND IT WAS SECOII)[D, TO APPROVE ON FIRST READING COUNCIL IILL MO. 19, SERIES OF 1990.
Ayes: Council Members Koltay , Hathaway, Wiggins, Bullock , Clayton , Habenicht , Van Dyke Nays: None Motion carried.
(g) The City Clerk was asked to read Council Bill No . 24, entitled :
COUNCIL BILL NO. 24, INTROOUCED BY COU NCIL MEMBER BULLOCK
A BILL FOR AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 8 , ENGLEWOOD MUNICIPAL
CODE OF 1985 TO REFLE CT SPECIFIC ORGANIZATIONAL CHANGES WI THI N THE DEPARTMENT
OF COMMUNITY DEVE LO PM ENT AND WITHIN THE DIVISION OF BUILDING AND SAFETY.
COUNCIL NOllER IULLOCIC MOV[D, AND IT WAS SECOII)(D, TO APPROVE ON FIRST READING COUNCIL IILL NO. 24, SERIES OF 1990 .
COUNCIL NOllER IULLOCIC NOV[D, AND IT WAS SECOII)[D, TO MOlD SECTION 3 Of COlli· CIL IILL NO. 24 TO READ:
SECTION 3. SUBSECTION fl, SECTION 5 CHAPTER 1 TITLE I, IS MERElY REP£AL •
Vote results on a-.nd.ent ~tion:
Aye s: Council ""*>ers Kolhy, Hathaway, Wiggins, 8ulloc ,
Clayton, Habenicht, Van Dyke Nay s: Non e Mot on carried.
Vote results on ~ ton
Ayes:
y :
ton c rr d .
CCUCIL
NO . 11, R CLAYT«* MOVm,
IU OF ltto.
A
nded ~
II ggtns, utloc •
S(COIIJIII, TO
11
D
I . •
Englewood City Counc i l Minutes
May 1, 1990 -Page 9
•
• •
COUNC IL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO AMEND THE TITLE OF COUN -
CIL BILL NO. 18 TO REFLECT THE CORRECT WORDING:
A BILL FOR AN ORDINANCE REPEALING CHAPTER 2E (FIRE CODE) OF TITLE 8, EN -
&LEVOOO IUIICIPAL CODE 1985, AND REENACTINCi A NEW CHAPTER 2E ADOPTINCi BY
REFERENCE THE UNIFORM FIRE CODE, 1988 EDITION, INCLUDINCi APPENDICES 1-C,
11-B, 111 -A, 111-B, 111-C, V-A, VI-A, AND THE UNIFORM FIRE CODE STAN -
DARDS, 1988 EDITION SUBJECT TO CERTAIN EXCEPTIONS, MODIFICATIONS AND ANEIOIENTS.
Vot e resu l ts:
Ayes:
N1ys :
Motion Clrried.
Coun cil Melllbers Ko l tay, H1thaw1y , Wi gg i ns, Bullock ,
Cl 1yton, H1benicht, V1n Dyke
None
(h) Director W1ggoner presented a rec~nd1tion from the Dep1rt.ent of
Public Works to 1dopt 1 resolution 11lowing for 1 negothted contnct with
BituMinous Asph1lt Selling Spech11sts (BASS), Inc . Mr . W1ggoner exphined
the contr1ct , not to exceed $250,000, would cover the 1990 Slurry Sell Pro -
griM . Adequ1te funds 1re budgeted i n the Public ImproveMent Fund , Ro1d &
Bridge Account for 1990. Discussion ensued concerning the success of the
slurry se1l process during the prev i ou s three ye1rs. The resolut i on w1 s IS -signed 1 nWiber 1nd re1d by title :
RESOLUTION NO . 45, SERIES OF 1990
A RESOlUTION AllOWING FOR A NEGOTIATED CONTRACT FOR THE SlURRY SEAl PROGRAM
1990 INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116(b) OF TH E HOM E
RUlE CHARTER AND THE ENGlEWOOD MUNICIPAl CODE 1985 , SECTION 4-1-3, AND AWARD -
INC A NEGOTIATED CONTRACT FOR THIS PROGRAM FOR MAINTENANCE OF THE ENG lEWOOD STR EET SYSTEM .
CCUICIL 1018 IUlLOCit MOVED, AND IT liAS SECCIIKD, TO APNOV£ RESOLUTIOII NO . 45, S81£S OF 1990.
Ayes: Council rs Kol tay, H1t h1w 1y, Wi gg ins, Bullock,
Cl1yton, H1benfcht, V1n Dyke
Nay :
ion carried.
Non
13 . Ci ty n.,.r •a .. port
Mr . fra r dfd not h1v any tters o bring btfore Council.
14 . ct ty Attorney 's Iefort
Council
nd out at
Council o
per ng lo
...
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Englewood City Council Minutes
May 1, 1990 -Page 10
15. AdJCM"Ment
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COUNCIL NOIEI HATIWIAY MOYm TO AD.JOURN. The 111eeting adjourned at 9:10 p.111.
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tltfm'.AS, there is a ~ to encourage acceptable ind raponaible behavior
and developa'lt lalniJ the youth of the City of Ehgle«xld through the provision
of oonst.ructi ve counseling, instruction, social functions, and ent:>loyment; and
tltfm'.AS, positive altemati,_ to ckuqa, alcohol, del~ are
necessary; and •
tiiER!'AS, the City deaira to~ MIS
\ ~. ~ Teen ~.isure Cerftftr philotQphy •
that'U ~ti~ ~ ~ty;~
~. ia==~~l alt.ernatiw pc'Ogr-foe the yauth of the City of Ehgl-.cod;
IDf, '1'tiDCUUCE, • IT R!:8ti.Vm BY '111! ern CXlR:lL t:;, 'lHI ern t:;,
I!Mii.DIXI>' <xl.aUIDO, M laLQI&: i 'ftle City of EhgJ...ood ~ ita ~ t:lw wa:sa;;c!k wt 1 ate .., ~-,._, llrh•a OW•tw•-,.''
ADCP'l'!D Ml) APPIICMJ) this 21at day of May' lt90 •
Attes I
P trlCli A. Ci'Oit, cit)' CLii'1i
I, P ic
haniby t.y ,
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~. there is a r..s to .,~~•...
me! ~~t ~ the youth of
of oonstructive CClUIWel.inq, instruct
~. poaitive alternatives
Fl'll j +4 ;r_Ar ~~·~~ Cn1/, .... u,f
~· rlt••·,J. ~r-· l~c ..... "1--,•l .....
tHm'.\5, the City dn to
~. the 't.m-mi:MI..-~flt!4u-
11Mt-ie-poaitive me! good for CXJII'U\1 &'~l~ff I IIC(
WHER&\5, the disabled are
WHER!'.M, the City of DWJl
alternative progr-for the
At
P lela A. cs:;;w , City Ciidt
"~ r'"'' rtr ~ ~is at .,.a...,
4~, <'t"'c ... ~
-"'~'''trc r,
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6 {b) {ii)
RESOWI'ICN 00. 1._1
SERIES CF 1990
A RESOWl'ICN CI'Pa>DIG 'l1iE ELIMINATICN CF 'l1iE IEXX:TIBILI'l'lr CF LOCAL INCG!E AND
PR:PEMY TAXES.
WHEREAS, there was diiiCUuioo &lrinq the oonaideratioo of 1986 Tax ~arm
Act of el.iminatinq the decb:tibility of state llllld/or local inc:a1e ll1lld property
taxes; and
~. haM amership for a large l'lll'lber of citizens necessitates
&tcb:tibility of local taxes includinq ptopeL""ty tuea; and
NDF.AS, in its aearch for rwwmun to meet the Gr~r~m-Ructnan-Hollinqs
~icit target, Ccngreas is aK:e eq&in lookinq at the c:ptioo of eliminatinq
the ~ility of local i.nc:ala lnd ptoperty taxes; and
\'IDEAS, this prcpoul is contrary to ooe of the nest c:heri~
principles of fedualism: the notioo of intergc:lllerm8ntal reciprocal tax
iMiu\ity;
r«:W, 'IHEJ(EfQt£, BE IT R!:SCLVE:> BY 'l1iE CITY <XlJtCIL CE 'lHE CITY CF
EHiL!HXI) I CXIJ:ItNlO I THAT:
SectiCin 1. 'nle City Council of the City of En!Jl..ood hereby voices
~liloo to the eliJidMtion of the ~ibility of local property u.s lnd
wculd UZ'91 all !n9l...aod citiana to ~ Willi• ~ who is a lllllber
of the senate ~ Ocnlllitt• ll1lld S.W.te FiMnce CA:IImitt., TiADthy E. Wirth
who is • ..mer of the Senate~ COII!Iitt. ll1lld En!Jl..ood'a r.pr ... 1tative
o.niel Sc:t..efer in the HouM of Aapr: ... 1tnives, to dllfeat this ill oonc::eiYed
prq:x:l&Al.
"XPT!D »1> APPR:II1!D thia 21st ~ of tlly, 1990.
P lela H. CiCW, Clty Clerk
1c a H.
tythe
1 Cit')' Cl ff¥ the Cit')' of
• • t.NI OCIP)' of -.olut.ion
f 1Cli A. c:rc;;;
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RESOWl'IOO 00. tj_t
SEmES CF 1990
A RESOWl'IOO ESTABLISHING CITY <nJNCIL POLICY PRXEXJRE.
~. City Council finds it apprq>riate to adq>t a rrethod and
procecllre inplarenting clear statenents of Council's ~losophy; and
6 (b) (iv)
\IIDEAS, City Council deems it apprq>riate to create a sinple system to
provide reference regarding key decisions and policies llll!lde by Council; and
\·~DFAS, ordinances and resolutions would be ll8ed to inplement these
policies;
1'0'1, '1'tiEREF'CRE, BE IT RESCLVFD BY 'niE CITY O:UCIL CF 'niE CITY CF
I?NZJl«XD, CXl£RADO, TIP.T:
Sectiat 1. Each prql08ed Council Policy should be a clear statarent of
Councli•s Philoecphy at a given issue.
Sectiat 2. Each pl'qlO&ed policy shall have a 8palSOr'. Applq)riate
9pClrUIOn for Council policy shall be:
A. Council Perwon(s).
B. '11'11! City tllnager.
c. '11'11! City Attorney.
Sectiat 3. The ~ of a Council Policy ahall IMke pnt~ent.ation of
that iiollcy, arque and defend that policy before the ean::n and it c::Nn9M
are requ.ired the ~ shall make the ntqUired chAnqes and sh&ll bring it
back befOR Council U 1111ny tU.. aa necessary untU it is in a fODII
acceptable to Council. Any ....tier of Council IIIII)' 1'1101/e to ~ the pcopiAiid
or establiahed policy at -.y tiM it is ~iate.
=-~ali"::r4. Adcf>tiat of Counc: 1 policy sh&ll by ion in publ c
ion i'ld &u thereafter includltd in • Council Palu:y
The re~pe~nSibili ty ot 1 en ot Council Pol cy 1
f en ~ provis ana of the 0\art lnC!I
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Section 6. Any change to Council Policy shall be acc:cnplished in the
same fllShion as a new policy.
AIXP'l'fD AM> APP~ this 21st day of May, 1990.
susan Van oyJte, Mayor
Attest:
PatrlCli H. cs:til, City Cierlt
I, Patru:ia H. Crow, City Clerk for tt• City of &lg1ewood, Color-.:b,
hereby cert.ity the eov. is a true ocpy of RMo1ution No. _, Series of 1990.
Patricia H. crow
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REOOWI'IOO 00. 1 q
SElUES <F 1990
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A RESCLl1I'IOO FCR THE AIXPI'IOO OF A TRAVEL POLICY FCR 'lliE CI'IY <XXJOCIL <F
ENUHJOO.
~. City Council finds it necessary and proper to justify
participation for all travel events prior to attendance; and
~. City Council believes that they can learn fran other
c:cuncilmllntlers participation in events through the provision of a S\mllllry
explanation of participation; and
~. as a ~ it is necessary to make a oonscientious effort to
remain within the designated travel budget; and
~. C".oln:il feels it necessary to make a diligent effort to keep
expenses to a l'lli.niJiull by purchasing the lowest available air fare, securinq
econany hotel acconaliildations, and inpla.nting other oost saving measures whenever possible; and
~. C".oln:il feels it is appropriate to continually oonitor
expenditures throughout the year.
r«Jl, 'l.'Hfld:J'tltE, BE IT RESCLVED BY THE Cl'IY caH:lL <F 'l'RE CITY CF
DG.DO:lD, ~. THAT:
s.cticn 1. r..ctt can:i~ shall justify particJ,p.t.ion foe all tr...,.l
WW\ta PdCi' to at~-.41t 'YI''"~•w& "1-ot,. ~ "/"tk.. 04-«~ •
s.ction 2. 'that tiiiCh oounc~~ provide • -......ry upl&ininq the
natun Of thitr participation lftd haw it Vl.l.l benefit oc affect the City
vithin 30 days after their rwtum fl'all a"t ewnt.
s.ction 3. Council • • ~. lh&ll a ClONIC., ioua effort to
r.aJ.n Wlti\L\ the dlllli9Nltad budget. in 1 '811.
Q
6 (b) (v)
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Attest:
PatriCia H. Crow, City Clerk
I, Patricia H. Crow, City Clerk for the City of Ehglewood, Colorado,
hereby certify the abolle is a true copy of Resolution No. _, Series of 1990.
Patricia H. &011
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The Honorable Susan VanDyke
Mayor
City of Englewood
Englewood, Colorado 80110
Dear Mayor Van Dyke:
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9 (a)
644 East Yale Place
Englewood, Colorado 80110
May 5, 1990
I have intended for some time to wr ite this letter but have
waited until I vas certain that it vas correct. Because of
things which have occurred in my personal life, I find that I am
unable to continue to serve !at least for a while) as a Planning
and Zoning Coamissioner.
Hy ~other vas seriously ill with cancer for some time and died on
Pala Sunday. As she lived in Pueblo, it took a great deal of EY
tiae to travel there and assist my relatives with her ca:~. In
addition, ay daughter has been recently hospitalized for a aonth
and is still continuing her recovery. To try to help her is also
taking a great deal of tiae. These two happenings have le!t
precious little tiae for •• to devote to anything except !aa1ly,
work, and ay continuing pursuit of a doctorate. I hope you and
th other aeabers of Council will understAnd that ~f this were
not the case, I would still be actively ~art1c1pating in ay city as a Co lssioner.
I really do njoy wo rking with
and staff • abers of Coa unity
tha at so t1ae 1n the futur
ly and e • lect d to s r e
you h v any u stJona, pl se
yOY for hls o portun1 y o
the Planning and Zoning Co .mi slon
Oevelopaent. lt Is a so y ho~e
hen y life at bll1:es, ~ay
on the Co las1on once gain . lf
f 1 fr o con t c: Th n
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DATE
May 21, 1990
IIIITIATm IY
STAFF SCUtCE
ISSUE/ACTION PIOPOSm
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COUNCIL COMMUNICATION
MENDA ITEII
9 (b)
Public library Board
SUI.JECT
AppointMnt.
Public lib. Board
Resignation and
Sharon Winkle, Dir. of library l Recreation Services
Council accept the resignation of John Gray f~ the Public library board and
appoint an eligible person to serve on the Board for the balance of the ter11 which t
will expire on February 1, 1993.
On the afternoon of April 10, 1990, Board Mellber John liray su .. itted his resignat i on
f~ the Public library Board to Director Winkle and asked that sht convey that
resignation to the Board at its 11onthly .. ting that evet~ing. Director Winkle
COIIPlied with Mr . Gray's request and the Board asked that infor~~~tion retarding the
resignation be tran~itted to City Council for action . The resignation was oral .
Mr . liray stated h1s intent to follow it with a writtlfl resignation but to date no
s uch c~t cation has been received .
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CIIDINANCE NO.
SERIES CE' 199_0_
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BY A~ITY
10 (a)
COONCIL BILL NO. 24
INl'ROOUCED BY COONCIL
Mfl-IBER BULLCX:K
AN CIIDINANCE N-1EN>D«> OW'TER 1 CE' TITLE 8, EN>LEl«llO ~IJNICIPAL COOE CF
1985 TO REFLEX:T SPB:IFIC CR:iANlZATiaW. ~ WiniiN THE DEPA!mtmr OF
CC!-1-IJNITY DEVEUI'MElll' AND UITHIN THI: DIVISIOO OF BUIIDD«> AND SAFETY.
\~, the Departr!Wnt of Camunity oevelq:.nent reassigned
responsibility for enviromental code enforcement fran the divisioo of
Building and Safety to the Planning and ZOning Divisioo; and
l'IHf.m:AS, one of t.'le Code Enforcement Officer positions was reassigned
to Planninq and ZCninq and the other Code EnfortWII!nt Officer was left
within the Divisioo of Building and Safety to functioo primarily u a Fire
Prevention Inspector; and
\·~, the dlties of the Assistant FU.. narshal, lotio is assigned
fran the Divisioo of Safety Services, wu also redefined in light of the
crutioo of the positioo of Fire Preventioo/Code Enforc:erMnt Officer within
the Diviaioo of lklilding and Safety; and
WID.F.AS, it is necessary to revise Chapter 1 of Title 8 to reflect
this reattucturing within the Departrent of Camunity eev.lopmm1t lnd
within the Divisioo of Build.i.nc.J and Safety.
~. nwu::FUCE 1 BE IT CHlAn:m BY 'nit CITY Cl:lJOCIL CF ntE CITY CF
DQ.EWO(X)I ~~ THAT:
Section 1. SUbaectioos A. 4. .nd A. 5. of Sectioo 4 1 0\lpt.er 1 1 Title
8 of the 1985 f:n9lewood !·llnicipal Coda are repealed .nd ~ioo A.6. of
Sectioo 4 1 Ollipter 1, Title 8 of the 1985 Enqlewooc! l·llnicipal Coda is
hereby ren\ll'bered to read as follows:
-+: ................. ....,_ ~ ~ ....... ~-
1NU K lMf a.r ..,. ... HIM!,_
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~ 1••1& ..ttblj&hed' ~ l(f'; IIIII jGb-1 si'ript.Ma H.
~pnsjti-
•· 4. The City ~~.nager shall be ~S~pCMered to appoint deputies
of the Code Aatdnistrator in the event of the Code
Aani.nistrator•s absence, disability or his need for
assistants to carry out his functions. 'nle deputies shall be
vested with such authority as the Code Mninistrator lawfully
possesses.
Section 2. SUbsections B, D and E of Section S Olapter 1, Title 8 of
the 1985 Englewood Hunicipal. l·U'Ii.cipal. Code are .-nded as follows:
B. 'nle Code Mninistrator shall J1111M98 the q~eration of the
Division of Building and Safety and for purposes of official
action and authority shall hold the title of Chief Building
Official alonq with the title of Fire Manh&l.. 'nle Code
Mninistrator shall~ the daily activities and
perfOD!IIInCe of t.'-.e 0\ief Building Inllpector 1 ...... , ......
Pis'e l&lllllli:, _.'lm: FIRE PRI:V!lmaucxa: fl:FCR::fHlll'
CFFICER, ~ 'niE ~ T!DIUCIAN, \oft) 8hall be his
ilmediate Nx:lrdinates.
D. .... •• ,.._.. lliR H tal •• n r Q c:lee _... tO! ............... ~"-· ·-· ..... ]) .......
"-Clli .. Wl«'"l k, U rr THE OIIEF 111IIDII«; INSPEX:lQt
SIWL DUST 'l'HE AID c:E' 'fttE ASS~ FIRE f.IMSIW. in
perfaz:ning the ~-of the Fire Manh&l lit ax:h timn when
the Ccx'e ~istntor•a pc:MJition is vacant.
E. .._~ •• -'1' a • " •• u k a~
pee' t • _. ._ •I' ••• n fdpr' 9 ••• aesfn
pee' ' • _. .-.. ••· ••• a : • rt-. In' '•nr •
...... all ...... , ·---~ ................ ...
81 Or t. i 1 ,_ II rr cry. 'DIE riRE PR!VDII'IOO/CXIlE
Er~llll' CITICD StW.L AID 'ntE ~ FIRE MMS1W. IN
~ PLNI q:vuw 1Cl'IVITIES I INSPfX:TIQG c:E' FIRE
PJOJ.'!X: l lefi SYS'miS ~ FIRE W"E'l'Y INSPfX:'1'l ~ SIWL AID
'l'HE ern' • s cxa: lli"CR:Dif2ll' c:E'FlCERS IN THE en CF
'l'HE l'.:tMJICN-OfrN., JWJYISIQ r;, THE DG.lJ«XX UIICIPAL CXJ:lf:.
on!
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Published as a Bill for an Ordinance at the Jrd day of l·lay, 1990.
Read by title and passed at final reading at the 21st day of l·lay,
1990.
Published by title as Ordinance No. , Series of 1990, on the 24th
day of Hay, 1990. --
Susan Van oyke, Z.layor
ArrEST:
PatriCia H. Crew, City clerk
I, Patricia H. Crew, City Clerk of the City of ~lewood, Colorado,
heRby outify that the foret,JOing is a true <XlPY of the Ord.inanc:e puMd on
final rudin9 C\d published by title u Ordinllnce No. __ , Series of 1990.
Patricia H. Crow 0
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DATE
May 21, 1990
INITIATED IY
STAFF SOURCE
ISSUE/ACTION PIOPOSED
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COUNCIL COMMUNICATION
AGENDA ITEM
12 (b)
SUBJECT USGS Agree.ent for
Gauging Station at
S. Platte River & Union Ave .
Englewood Water and Sewer Board
Stewart Fonda, Director of Utilities
The Water and Sewer Board, at its May 8, 1990 .. eting .oved to reca..end Council
approval of the USGS Joint Funding Agree.ent for operation and .. tntenance of a
strea.flow gaug ing station on the South Platte River at Union Avenue .
PREVIOUS COUIICil ACTIOII
Council approved a previous Joint Funding Agre ... nt at their "-rch 6, 1919 t "9 ·
Tht previous agre ... nt covered fro. April to Sept.-btr, 1919.
STAFF ANALYSIS
Englewood applied to transfer the Petersburg Ditch and the "1706" r ghts to an
alternate pofnt of diversion, Chatfield Reservoir . It was decided n t r court
that EngltwOOd .ust take all the accretions to the South Platte Riv r t
Chatf eld R servoir and Un on Avenue before it could ta e any water that as
transferred to Chatf eld Reservoir . Therefore, EngltwOOd was rtq~ rtd to nstall a
strea.flow gauging station just upstre• of the Union Avti'IUI lnta and "-'»
Station . The strta.flow inforaation froa thfs gauge will be ustd, on a da ly bas s ,
to d ttn~lnt the ..ount of water that can be taktn at th Chatfield R s r o r .
Oo ratfOft and .. tnt naftC co ts for lMt ·lttO art to be 56,100, w t £ 1
share bt "9 n,oso . This w 11 cover t.ht ptrlod roa Oct. r 1. 1 9 to .......... -r,
1990 . T Wat r Fund t w 11 cov r this e l'ldttur •
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BY ALTI'HORITY
ORDIN.IIJ~E NO.
SERIES OF 199o-CCX,~<CIL BILL N0.26
~~;A
'A BILL FOR
~--·~r
AN CIU>IN'ANCE APPROVING THE UNITm S'l'ATES GEXUX:iiC'AL SURVEY JOINT FUiDING
J\GREEMENl' FOR THE CPER'ATIOO AND ~l'AINTENA.'Q CF 'A S'I'RfA"' FI..CM ~UGING
STATIOO 00 THE samt PL'A'rl'E RIVER AT UNIOO AVDruE.
WHERFAS, Council has previously approved a joint funding agreement
for the period of April to Septerrber of 1989; and
WHERFAS, Englewood applied to transfer the Petersburg Ditch and the
"1706" rights to an alternate point of diversion -Chatfield Reservoir; and
WHERFAS, the Water Court found t.~at Englewood must take all the
accretions to the South Platte River between Olatfield Reservoir and Union
Avenue before it could take any ...,ater t.r.at -·as transferred to Chatfield
~ir; and
14IEIIIEU, !:nqlwooc! ..., .. required to install a stream flow gaugin9
auuon )ust up stream of the llni<X'I 'Avenue Intake and ?\lip StatiCX'I; and
~. the Strum flow infon~~atiCX'I !rCIII this gauge will be used CX'I
a IS!uly bMu to ~rmine the IIID.Int of water that can be taken at the
held -..rvoir;
, ~. BE IT CJm.\INED BY THE CITY c:xxN:IL CF THE CITY CF
De: D«XD, caawx>, AS ~:
SectiCX'I l. "%he ~t of the Interior Geological SUrvey Joint ~ Aiii•• L•t for ~ter Resources InvestlgatiCX'Is between the Geolog cal
SUrwy, llnitAd States DllpartMnt of the Interior and the C1ty of Dlqlewood
1s hei1Iby ~~;~Proved. S&1d Department of the Intenor Geolog cal SUrvey
Jo1nt ~ ~t for Water ~soure.s lnv uqat1CX'Is contains
ally:
l. 'lhe pen es sub)eet to the eva labil ty of appropriat:l.CX'Is and in
acc:or~e w1th t.heu :e ive author t1 s shall mun &in 1n
ratiCX'I, ma1ntenanee and operauCX'I of a st.re&'llflow c;aU9l.n9
statlCX'I w1th data plat!otn~ CX'I the South Platte JUver at Un1on
.Aven
2. 'n'l4l toll 11'19 ts lhall eontrl.bu ed to cover the cos of
s uy f1eld and off ee WOI" di.reedy Alated to thu progr :n
but cludil"9 any bur u 1 ral 1Strau oc
ICCOUn ng rk in the oft of enher party.
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A. $3,050.00 by Geological Survey, U.S. Depart.r:ent of the
Interior during the ?eriod of O:to!:ler 1, 1989 to Septenber
30, 1990.
B. $3,050.00 by the City of Englewood during the period of
O:tober 1, 1989 to September 30, 1990.
c. Additional arrounts by by each party during the above period
or succeeding periods as may 12termined by 1!\.ltual. agreement
and set forth in an exchange of letters between the parties.
Section 3. Expenses incurred in the performance of this program may
be paid bY el.ther party in conformity with the la\•IS and regulations
respectively governing each party provided that so far as may be 1!\.ltual.ly
agreeable all expenses shall be paid in the first instance by the
Geological Survey, u.s. Department of the Interior with appropriate
rein'bursement thereafter by t.r.e City Englewood. Each party sr.al.l furnish
the other party such statements, reports or expenditures which maybe needed
to satisfy fiscal requirements.
Section 4. 'n'le field and office ·~rk pertaining to this program shall
be ~ection or subject to periodic review by an aut."'orized
representative of Geological Survey, U.S. Oep&rtnwnt of the Interior.
Section 5. n. areas to be included in this progra:n shall be
~er1i\iliia bY lftltual agreement between the parti.es. ~•thods trrployed in
the field and office sr.all be those ado;lted by Geolog1cal S\lrvey, u.s.
J:)epartNnt of t!'\e Inte.rior to insure the required stan~ds of accuracy
sub)ect to !lOCh fica 1on ':ly lftltual agr t.
Section 6. l>.l.rl.n9 the progress of~)( all operations of either party
shall se open to t!. lnlj)eetl.on of the other party and l.f the work 15 not
in9 c:arr ed on 1.n a 111.1tually wus~ac: ory ~r ut.her party m y
t na • thts agrMrMnt upon 60 ~ys wrl.tten nouce to the ot."'er party.
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Introduced, read in full, and passed on first reading on the 21st eay
of ~lay, 1990.
Published as a Bill for an Ordinance on the 24th eay of May, 1990.
I, Patricia H. Crow, City Clerk of the City of E))glewood, Colorado,
hereby certify that the above and forf!90ing is a true copy of a Bill for an
Ordinance, introduced, read in full, and passed on first reading on the
21st day of May, 1990.
PAtrlClA H. crow
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COUNCIL COMRUNICATION
DATE AGENDA ITDI
12 (c)
SUBJECT Wastewater Collection
Hay 21, 1990
INITIATm IY
STAFF SOURCE
ISSUE/ACTION PIOPOSm
Maintenance Agreement
with Sheridan
Englewood Water and Sewer Board
Stewart Fonda, Director of Utilities
The Englewood Water and Sewer Board reca..ended Council approval of the Wastewater
Collection Syst .. Ma i ntenance Agre ... nt .
PREVIOUS COUNCIL ACTION
The Sheridan Ci ty Council discussed this s ... r lint with the Englewood City Counc i l
at the March 26 jo i nt ... ting .
STAFF ANALYSIS
The propo sed .. i ntena nc e ag.-.-nt with Sher i dan 's Santa Fe Indu strial Parlt wo uld
pr ov i de an opportunity to •••i ne the advantages and disadvantages of the Ci ty of
Engl ewood expand ing s ... r .. intenan ce ag,.._..ts t o ot he r sa ni tat ion district s. 1
IACKIICUI)
proposed agr nt t n the City of EngltiiiOOCI and t City of Sher d " 1d
for the .. tnltnanc of 1,500 f l of a• s r lint i1t t Sant a re lftdustri al
Par , located in the City of Shertdan . The tahtlng a• s r HM s n close
pro i•lty to the Engl s r .. in syst • T City of Engl..ood 's ast ater
Collection Divis on of the Ul ltttes Otp anltftl ld provtdt the .. ntenance
rv c .
Prior to Englewood n t at ng .. lnten e, l
vtdtotaped, at Sbtrtd .. 's expens , to dtte ~t
t . Atty nece s ry ...,.,,.,, li repl
r d n's Uptflst .
proposed .. tnt • are a wt11
the condftiOA of the uht ng
t or Jor lt ,..,.,,.. wt1l ll I • •
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II
The agree.ent is contingent upon Sheridan aaintaining the responsibilities and
obligations set forth in the current Connector's Agreement with the City of Englewood.
FINANCIAL
Custo.ers in the Santa Fe Industrial Park shall have additional fees, which are the
sa.e fees levied on Englewood custo.ers, added to their existing wastewater
treat .. nt bills to cover the cost this .aintenance service.
I . •
OROIKANCE NO.
SERIES CF l99o-
•
• •
BY AU'I'HORI'I"t
A BILL~
COL~IL BILL NO. 27
~'i~I£-L, Mn-1BER ~._
AN OROnw«:E APPROVING AN ~ REX>ARDING nfE ~ OF A
PARTICULM WAS'l'n\ATER CCLI..EX:TIOO sYSTEM BE:1WEEN nfE CI'n OF SHERIDAN M1>
nfE CIT'i CE ~.
WHEREAS, the proposed Aqreenent between the City of Englewood and the
City of Sheridan would be for the maintenance of 1,500 feet of 8" sewer
line in the Santa Fe Industrial Park located in the City of Sheridan; and
WHEREAS, the existin9 8" sewer line is in close proximity to the
Enqlewood sewer main system; and
~~. the City of Englewood's ~ast~a~er Collection Division of
the Utilities Dep&rt.nent would provide the maintenance service; and
WHEREAS, prior to Enqlewood initiatin9 maintenance, the p:-oposed
maintenance area will be videotaped at Sharidan • s expense to determine the
condition of the exi.stin9 systt~~~ u well u any necessary repairs, line
rwpl-=--nt, or major manhole rep&irs which would be at Sheridan's apense; and
wtDE:AS, the Aqreen.nt shall be contingent upon Sheridan maintauunc;
the reaponsibilities and obliqations set forth in the current Connec:tors
A9r..,_.t with the City of Engl.-wood; and
WHrlU"AS, custa.rs in the santa Fe Industrial Park shall ~
additional f ... , which are the sa.• f ... levied ~ Englewood's cust s,
ac5c5ed to their exi.stin9 wut ...... ter treament b1lls to cover the co.ts of
this -~ service;
, THDU:P'CI\E, E IT ~ BY niE CITY CXXN:D.. Cl' niE CITY DQ.Do~CXX), ~. AS fUJ..()I.'S I
Sect on l. n. stelo'at r Collection Syst :&111tenance Atll~--·~ be~ thi City of Englewood and the C1ty of SharlQr\ u her
d stewater Col ect on System :a1nt n Aqr n con nns
l. '%hat Enqlewood shall prov de n,ter~::e
collect on sy t shewn in the att•.enmerlt
2.
-1 -
I . •
•
• •
to time but shall remain the Slll!l! as that charged to custaners
~no receive maintenance from the City of Englewood.
3. The City of Sheridan shall continue to o.m the collection system
as well as rights-of-way utilized but would grant Englewood a
license to 90 upon said rights-of-way for maintenance. All
direct costs of maintenance for street cuts and pet111its shall be
sepuately charged to Sheridan.
4. Prior to Engl~ initiating maintenance, the collection system
shall be televiMd and vi~ to~ the COI'ICtition of
the syat ... with the cost of this ~e being borne by
Sheridan ecS any Ap&ir or rehabilitation necessitated by the
reviaw shall be at the sole upenae of Sheridan. All of the
~ shall be <:x:lq)leted within one hundred and tw.nty ( 120 l ~s
of the date of the Al;r-.nt.
5. 'nle maintenance activities provided by Englewood shall be limited
to eleanincJ ecS minor Ap&irs while lllrJ npairs r.qui.ring
contr.:tors aervicu ahall be the ruponaibility of Sheridan.
6. 'nle AcJr•• sat is oontin9eflt upon Sheridan having a current
standard Ccnneeton Al)r ..... at with Englewood. It the standard
Ccnneeton ...... t tDCpirea and 1S not renew.d it is at ~~·s option to dacontinue maintenance.
7. Either party .-y di.accnti.-n. the .... ,t at In)' tW. with
written notification six (6) IIICir'ltha pl'ior to the dasired enc11n9
date.
Introclx::ed, read ill full, and pu.ed on first rudin9 on the 21st of Mly, 1990.
P\lbllahed u a 1111 fcc ~ OE'di.nance on the 24th day of ~, 1990 •
• City Clerk of the City of Englewood, Color •
INS fQA90i.nq ll a true ccpy a 1111 tee
ill 11, and cn hr en
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An AGRE:F.:·&r., dated t."'is 12y of , 1990 between the City
of Sheriean (Sheridan) and the Cl.ty of Englelo'OOd (Englewooc'l), regarding the
maintenance of a certain waste~.·ater collection system:
~~, SheriQr\ o..ns and o:lerates a wastewater collection syste:n
(Collection Systarn) within SheriGM. t..,.ftt serves an arM knol.n u the SMta Fe
In&st.ri al Park, sho.n in Attact'rwnt A; and
~~'5, SheriQr\ c!oes not currently o..on or operate any "''H t~>ater
collection mair.tenanee equi;:rMnt; and
~DU.S . Enql...ood owns and ~ates maintenance eJCillipnent f or i ts o.m
'.:Utrwater collection syst an lcx:ated within t.'le City of ~1 ~,
~ 1, ':r:t:RD'CilE, Sheri<"..an and ~le\.'OOd here!Jy covenant and ftgree t.".&t:
1. !:n;7l...ood shAll provide Maintenance services for t."le Collection
Systc!l u sho.n in Attacl'ntnt A.
2. C'uat.awrs on tl-.e Collection Syst., shall ~ .. ~tion&l. !' ... .&Sild
to tt.ir ex.istl.."19 ...... tewater t.. .... a tr:llnt bills to 0011 r t.~ oost of 'l'OVl~ this l".aint enanc:e service . 'Ihe &'ID:nt ~ !or
~ services lhall he at the sa:. rate t.'lat a e.'l&rc.!e<S to
cur.a.ra .,."ithin the !hgl~ \:utr .... o;er collection MrVl.ce area. ~ rount r.: "-~ !rcn tirw to ti.-., !:lut t.'le t a."'all
~t a~ to ot..'wra C\.lsta!IUS who r l r-.u.ntenanc:e
c ty o! ~1~.
I .
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5. The maintenance activities provided by !:rtglC"·AX>d shall !:le li;nited to
cleaning and ni.."lOr re:>Urs perforred by J:nglei•I'OOa jlel:sonnel. An~,
repairs requir~ contractor services, such as line replacement,
slip lining, insituforming, and najor rra.'lo"lole repairs shall be t.'le
~sponsibility of 5:1eric1an and shall !:le at the sole e).-perlse of
Sheric3n.
G. nus .1\green.nt is ocr.tinqent at Sheridan t-.aving a current St.anc'.ard
Ccnneeton ~t with I:ngle."'OC.'!. If the StanQrd Connectors ~t expires .nd is not renewed, ~l.wood t-.as the ~tiat of
diacontinuing maintenance service to the Collectiat Systan, C\d
c:eue collecting f•s for the maintenance service.
7. tither party may diaca"ltinue this ~t at .ny tine with "«ritten
notification six n1:1nths prior to the desired enci.inc.J Qte.
Sit)natures:
City Of l&ii&ri City Of $91iWOOC! •
I • •
DATE
May 21, 1990
IIIITIATED IY
STAFF SCIUICE
ISSUl/ACTICII PIOPOSO
•
• •
COUNCIL COIIIJMICATION
AI£IIDA ITDI
12 (d)
Public Works
SUI.JECT Replac..ent of Fuel
Tanks at Servicenter
Kells Waggoner, Director of Public Works
Council authorization to replace fuel tanks at Servictnttr for a bid price of
$42,769 .
PIEYI OUS COUIIC I L ACT ICII
During the Budget process, ~~oney was approved to update the fuel syst• at the
Servfcenter. the extent of the budgeted update did not include tank replac-nt.
STAFF MALYSIS
Fuel stor.,e tanks at the Servicenter .. tn fuel island are 19 years old and the
serviceable lift, according to knowledgeable people in the field, is 20 years .
Several people who are with co.pantes that are in the testing and/or tank
rephc .. nt business have rec~ that the tanks bt replaced . The new tan s
would hav a 30 year guarant against leaking . The installation would bring tht
storage tan s and associated piping tnto co.pltanct wfth all of the regulations
on undtr,nM~nd stor tan 1 . would then need to tH.tdgtt for liiProV nt to the
r ining t n located btfl nd ( ut of) the Serv1ctnttr during the ned couplt of
JMrs .
I . .
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TO: Kells Ueggoner. Director Public Uor
rRon: Leon Kuhn. Servicenter
DATE: r1ey 1 0 • 1 990
SUBJECT: ruel Island Tank Replec~ent
As per your instructions. we have received three <3> written
quotes for fuel tank repleceftent.
Quotes were received fr~ Keystone [quiP"ent Co •• Kubet [quiP"ent
a Service Co. end Ueat He~t Corporation .
Keystone EquiPftent:
Kubat [quiPftent a Service Co .:
Ueat He~t Corp.
12.769.00
15.515.00
56.139.15
Keystone [quiPftent C~pany bid a fidel &Tn ZOOO fuel "onitoring
ayst~ rather than the Veeder Root syat~ specified; however. "Y
inueattgatton of users of the fidel syst~ were fauoreble .
I rec~nd we accept the bid of Keystone [qu1Pftent C~peny end
proceed with the proJect t""ediately.
Since this quote required c~pletion of the island to a
perticular point. it~• prevtoulay in the initial contract with
Kubet [QUlP"ent C~peny for 811.618 .00 ar now reduced to
ppro i~t ly 87.000 thereby brtnglng otel fu 1 tal nd u1Pft nt
d 1nat 11• 1 n o ta to 81 ,.76,.00 .
d dtapo 1 of con ~inet d oil o•t•
nd • p lt w rk o b
81 .000.00. brtngtng t t
I .
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•
• •
lucky that we found the problem before we had 1 •ajor leak into the adjacent soils and underground water table.
...
We cannot install the required corrosion protection on the existing tanks and would
have to replace the tanks by 1998. With the excavation work already co.pleted above
the tanks and the corroded condition of all the piping, it is reca..ended that we
replace the tanks now. The bid is for three tanks, i.e., 6,000 gallons for
unleaded, 6,000 gallons for diesel, and 3,000 gallons for regular.
FINAIICIAL
The total 1990 costs for the rtplac ... nt and installation of the fuel tanks are:
S42,769
2,229 1.81 $45,
Fuel tank replac ... nt
Leak i nvestigation and conta.inattd soils
Concrete and asphalt work
Total
The total cost for replac ... nt and i nstallation of the fuel tanks will bt funded as follows :
s 4,641 ._ining fi'OII 1919 Kubat encllllbrance
for fuel syst• iiiProv ... nts .
Strvtcenter fund lalanct
Total
The Strv t center Fund Balance at 04/l0/90 was SllZ,OOO . The approval of th is expenditure would reduct the fund balance to 516,000 .
• •
DATE
May 21, 1990
IIITIATED IY
STAFF SGUIC£
IWE/KTICII PIIINSED
•
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COUNCIL COIIUUCATION
MDmA ITEit
12 (e)
SUioJECT
Bi-City Supervisory C~ittee
0
Purchase of Replac ... nt
Ten Yard eu.p Trucks
Stewart Fonda, Joseph Payne and Patrick White
The action proposed is to approve by .otion the purchase of two ten yard du.p
trucks, f~ Trans-West Freightliner GMC, for use at the Bi-City Wastewater
Treat.ent Plant.
None.
STAFF
Two ten yard dullp trucks are in need of replac ... nt due to tee and condition.
Repllce.t~t •ill Mintain the abtltty to transport scrteftings and grit to the
landfill in 1 tt•ly lllftller. Since scrtefting and grit are produced continuously,
incle.t~t at r or truck breakcbla would result in the Oft-site stor~ge of
scf'Hftings and grit and result in odor problas if the trucks are not replaced .
•
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FINANCIAL
The purchase cost for two, ten yard du.p trucks is $92,912, based on Colorado State
bid. This purchase was approved in the 1990 budget at $84,000. The original
esti•ate was based on Colorado State bid, but did not include the options necessary for this service.
The cost of vehicles is split 50/50 with the City of littleton. Funds are available in the Bi-City Capital Reinvest .. nt Fund.
'
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l'AIILE I Servlcenter E<julpnocnl Replnc<'nocnt Schf'<.lule
••••••••••••••••••••••••••••••••••••••••••••••••••••••s••••••••••
SL.~rr t:an• u ycan1
l'lckupn, Ill . l L Ll ies (Wen k)
1/2, J/1,, I lun 7 yean;
l'lcku1• (SIIj>l") 8 yc;u·s
Trucks, tll.Rccli ;IIICUUII
1-1/"l \"o.J o. .... ,. I} year !I
lUll Slnkc 8 Y<'o,rS
lun IJli Illy II ycnrs
'• \'tl IJUIIIj> II yean•
10 Ytl Ou•a• (c:an) 8 )'C:1t"ll
10 Ytl u ... ,. (UJe,.el)
l.u:1<.1er s
=-· (1/2 \"tl) Ill YCIH!'I
••• :e (1-1/.l " 1-3/'•) 12 Y<'·~•·r~
Trnclno·,.
s. yen •·,.
1.1:1! ll yr.""
Ulllll y ~;'Ill I I'IIIC IIl : l. 0,
jiUIIIjt iO , ltl -jti'C!IIII, (lull loer, CUIII j>resnurn , f!C!Ilernlur IIClll,
blt<l1 : •lctl fut Rlltl IC'j>lnc tJ 1110 II 't''tnAry loy derllrl-lll
······•·•····•········•····•·••·•··•·••·•••·····•··••···•··•
...
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TABLE 2 1909 VEIUCL£ RIWI.I\CntEIIT SCIIEUULE
-----------------------------------------------------------------------
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Mini.ua Specificatioaa for
Two 10 Yard Du•p Trucka
General Description
State Bid
Contract No. 070-52-06
Vendor: Trana-Wen Freightllner QIC Inc.
7626 lri&hton Road
Co-.erce City, Colorado 80222
Contact: Hank Friebua
Phone: (303) 289-3161
Vehiclea are to be delivered to 2800 South Platte River Drive, Englewood, Colorado.
Two (2) 1990 Tande• Axle trucka, 5 apeed auLoaatic diesel, per
apecificatlona, ltee 21, Kodel GHC/Frei&htliner.
102-120 inch cab to aale, SO,OOO CVW with 13 foot duep, 215 Net HP •l nieu•,
60S FT pound net torque aolida block enatne turbo cat w/)116T-21S.
Optlona to be dded :
A. Axlea
1. 14,0001 front aale
1. lraku
1. IW or Ch lca o l.avtltd a i r dryer
2. Aut tic lac a4juetera front and r ar
c. Cat.
t..v l dr drl a at w/c ton a
& 4 w.c. rr u
o. cal
I. AH r ell v tt nt nft
••
r
'" a
t , I • •
10 Yard Dumr Truck Specs
page 2
F. Transmission
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1. Auxiliary transmission oil cooler in addition to nandard (N/A w/
shut ten)
2. Top speed of vehicle to be 60 •rh, rear end ratio to be •etched to
top speed.
C. Tires and Wheels
1. Radial tires with heavy duty wheels, Michelin IIR22.5, 16 ply -
front, 14 ply -rear. Type to be specified by cuato~r.
2. Delete spare wheel and tire
H. Miscellaneous
1.
2.
).
4.
5.
I. Paint
Sinal• post cylinder in lieu of twin cylinders
Four runa !old down l4dder ~unted on ri&hl front of du•p body
lase hydraulic, PTO, oil reeervior and hosea !or dump
Hot ahift PTO
lnline filter for hyd.
1. Pdnt ahall be one color includina the body and ahall be white.
D
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DATE
May Z1, 1990
INJTIATm BY
STAFF SOURCE
ISSUE/ACTION PROPOSm
•
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COUNCIL COMMUNICATION
A&EJI)A ITEM
1Z (f)
SUBJECT
Bi-City Supervisory Com.ittee
Stewart Fonda and Ji• Tallent
Purchase of Dewatered
Sludge Hauling Trailer
The action proposed is to approve by .ation the purchase of one (1) dewatered sludge
hauling trailer, fr~ East Manufacturing Corporation, for use in the Beneficial Use
Progra• at the Bi-City Wastewater Treatment Plant.
PREVIOUS COUNCIL ACTION
None.
STAFF ANAlYSIS
The purchase of an alu.inu. sludge hauling trailer will provide additional benefits
to the Beneficial Use Progr... These added benefits include the ability to
transport additional dewatered solids for the current equivalent cost and nu.ber of
trips provided by the s.aller, 81-City owned unit; •lnt•lze potential odor sources
caused by on -si te d atered sludge storage due to weather or .. chanical breakdown;
and less .. npower would be required (as overti .. or additional personnel) to operate
the progr ...
If not purchased, .ore trips w 11 be r qutred to re.ove sludg for land application,
Which uld r quire add ttonal .. n~r . qutP~tnt that ts out of service for
chantcal br akdown or preventive .. ntenance, .ay result tn t orary storag of
d atered sludge on the plant site that ld provide an odor source .
IACkUOUND
Ana rob cally dtg sted, d atered sludg scurr ntly pplltd to dryland wheat
far.ing operations In Ad County. Dtwatered sludgt ts transported in 81 -City WWTP
owned tra lers pulled by leastd, over ·the ·road ·tractors. In 1987, four v ndors re
invited to participate tn tht co.petltivt bid process to provide alu.tnu. body.
horizontal discharge tra 1ers, of which Oftt c~any btd and .. t the technical
s t icattons, 11 rtQUtst . In Jill, purchase was approved and t units re
ordered and have n in ut s net .
•
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This purchase will replace 1 smaller tractor/trailer unit that is owned by the
Bi-City WWTP. This steel unit is in need of extensive trailer repairs due to age
(purchased in 1980) and extent of use. It is intended to repair this unit and
retain it on 1 standby capacity to operate when alu•inum units are out of service
for preventive •aintenance or necessary repairs.
With this purchase, annual operating costs, based on 1989 manhours, potentially
saved and •ileage costs to operate the s .. ller 8i-City unit, could be reduced by
approxi .. tely S7800. This cost reduction is realized through fewer trips required
to haul the s ... sludge volu.e. The benefit would be the ability to transport
(approxi .. tely) an additional 174 tons of dewatered sludge for the current
equivalent cost and nu.ber of trips. This added abtlity is due to the increased
volu.e available in the new trailer for each trip requtred.
This purchase will provtde for fleet consistency, tncreased reliability, i~roved
safety and added total hauling capacity, which .. Y result in lower total operating costs for this EPA award wtnning Benefictal Use Progr ...
FUWICIAL
Unit cost for the trailers purchased tn 1988 totaled $60,851 each, including
additional ~ificattons .. de to i~rove operation and safety. The current quoted
purchase price (1990) is $64,147, which includes wet kit installation (hydraulic
syst .. ) and ~ifications perfon.ed on previously purchased trailers. In 1990, $80,000 was budgeted for this purchase.
This request for purchase has been approved by the 8i-City Supervisory Co..ittee for purchase under the capital reinvest.ent fund.
...
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LITTLETON/ENGLEWOOD
WASTEWATER TREATMENT PLANT
2900 S Plane Rover Drove
EngleWOOd , Colorado 80110
TO: Dcnni s Stow~, 'lanag ~r
•
• •
fkOH : Ji• Tallent, Operations Superlntendcnt-:-:lt'
DATf.: April 10, 1990
SUBJECT: Purchase of Siuclgc ll ,,u llng Trailer
C1ty ot l•t lleton
(J03) 762 ·2600
In i988, sludge hauling dry [)ox trullers we re purchnsed for trnnsponlng
dcwat r d stabllizeoi wnstew<ller sluclcc to b~neflclol use a(>pllcntlon sltefl.
Th.,,. lrollera~ were nhL ,tlnc.l Lhrounh thC' C:OIII(>ctltlvc bid 1•ruess In I'HI7 for
1\1118 dellv<!ry. Four V•llolura J>artlclpoletl In lhc bid~ to provlol• nlttr•lnu•
body, horlzont. 1 tllschurg,. ll.tll rs, of which one vendor N~·t the tcchttl ca l
specH!collons, as requested . Two units w •re ultl•ntely purchasC'd in i90K.
r.u:o-·nd that
Hanuf cturtnc
a thl rd alu•lnuN sluolge
d ln 1990
a h. II c nfnr• lt> bid sp If I tlon
II tl( •••Hrt Lion <h• In
l ••· nws ••d flratl n
trailer,
IJir<l lu I 11 IIIII\ I
I,
In I 7,
d • ( .,
lh I • •
Trailer l'urchase
April 9, 19'10
page two
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2. Unit costs for Lhe Lrai iers purc hased In 1988 totaled $60,8Si each,
including •odiflcations anti wet kit lo operate hydraulic sysleons.
The current quoted purchase pri ce (1990) Is $6/o,lio7, whi c h Is
approxlonnlely S% higher than uulla purchased two years ago. This
quote docs include .-odificat ions and wet kit.
), UnJfor• fleet consistency Is •~inLained, na far as equlponent
operation, repairs and •alnlennnce nre con ce rned.
4. One s uppli er is retained to provide any necessary repair and
••lntenance services Lo the Lrollera.
Thla purchuse will provide fur fle<'t conaialency, increased reliability,
increaaed sufe ty and added total huullng ca pa city , whi c h •ay result In lower
total operatln1 coata for Lhe BencflcJal Uae Progra•· Anrmol operati ng coals,
baaed on 1989 •anhourM aavcd and •i len ge coats to operate the Bl-City vehicle,
co uld be • .,,lured by a t>prnx i•nlcly $71100 . Titla cos t redtll'linn Is rt!allzed
throuuh ft'Wt:r lrlpa re<juired (209 orlunl Cor Ill-City unll VII. I l2 Cor llt'W
lnoller).
The bcn .. CiLa would bathe ability Lo transport nddlllonal dewatered so lid s Cor
lhe curn111l e<Julva lenl cost and nu•ber of trl1•s provided by Lhc 81-City owned
unit, •lnl•lzc potentl11l odor aources causO!d by onalte dewalered aludae
lluroae due to wc uther or _,.hmic11l breakduwn, and leaa • npower would be
required (u overll~~~e or additionAl pe,.unnel) to operate th\' leneflclat Uae
Progn••·
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MAY MANUFACTURING
& DISTRIBUTING CORP.
5400 MARSHALL• ARVADA. COLORADO 80002 • 303·423·6200
Q U 0 T A T I 0 N
May 3, 1990
Ji• Tallent
City of Enrlewood
2900 South Platte River Driv e
Enrlewood, co 80110
P.o.a . Arvada, co T!l•s: Net 15
ESTIMATED SHIPPING DATE : 60 Days A .R .O .
E••t Manura cturlnc Alu•inu• Slu dce rusher Troller
96" wide x 30' lone with cover per nttached
sp~clfl allons . Slt,Jt7 .00
State and Local Taxes nut Included .
AIOYI PIICI GOOD POl 30 DAYI
AT
I .
tt I IM
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SPECIPICATIONS
1 . Locate taileate switch, driver's side approxi•ately 7' fro•
r·ea r .
2 . Hydraulic overslunr with •annal control -•ount controls,
driver 's side approxl•atyely 7' fro• roar .
3. Two 3" drains with valves In front of ra•.
4 . lluhodu•etr.r to he lnsl11lled on driver·'s slclc•, front 11xlc .
5 . Slider asse•bly to provide 60" or creater overhanr fro• the
center· or rear axle to rear nr trailer (not includlnc
apron). Slider to be held with a •lni•u• of four lockinr pins .
6 . Spare tire with dJsc ri• to he •ounted In tire rack .
7 . Three •oveable spot! la:htY . Two on rear, outside or pockety
with £uard . (So they c3n be bent clown to reflect on load).
switch to be driver's YidP approxl•ate 7' fro• rear . OnP no
driver's side up front on body to shine on controls .
8 . 1 -1 /2 •ale HP, 2" fe•ale rl'!turn . Sta•ped alu •lnu• taa:s to
be placed above each fitting on bulkhead to show which Ia hp und lp .
0 . Valve to be top •ounted inside rubber flap cover, with
re•otc control, approxi•ately 7' fro• rear on driver's aldP .
10 . Poldlne platfor• with ladder for o~erator to stand on,
!orated approxl•ately 7' fro• r Mr on driver'• sld or
trailer .
11 . Two spl h shields or 3 /8" •at rial, one to be fro• rear ,
12' forward, other to b 8'6" and start fro• end or ra•
covPr to the rPar M ke covert bolt on for r •oval .
12 . Prf•er coat and twn PJl)lcatJona of acrylic ena•11i . Special
rare to be taken . •o 10•11
1 3 . llv r tap In tarp h .. r .
14 . shift PTO n nd pu•p •ountPd on cuato•er tr c tor with
to r ouplr to t ail~
rron o f tIller .
I I II I II C 0 v r 11 11 0 p l! n II o r I o II I t I I r •
wt l h ov r .
n r n l u r tr a ll .. r .
•
• •
MEMORANDUM ~ ~
TO: Jim Tallent, WWTP
FROM: David A. Martine~. Purchasing Agent
DATE : April 25, 1990
SUBJECT : Rear Discharge Aluminum Trailers
I have reviewed your requirements for an aluminum rear discharge
sludge pusher trailer. And I have called several manufacturers
or distributors of aluminum trailers to discuss the requirements.
The result3 or these di~cu s3io n c show that none of the vendors I
talked to make the type of trailers you are looking Cor as part
of lheir standard production. they normally make an end dump
aluminum trailer. They all think they can special make a trailer
for us to our specifications. "owever. i[ we have a unit made on
a special order spare parts would not be readily available and
it would probably not be oxactly like lhe two existing trailurs we now have .
It has been •Y experience that special order items cost •oro and
delivery is usually longer.
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MDIORAIIDUM
TO: Mayor Van Dyke
Members of Englewood City Council
FROM: Rick DeWitt, City Attorney
DATB: May 3, 1990
RBGARDx.G: !.D.D.A. Parking Lot.
I want to advise the City Council that the transaction
involvin9 the E.D.D.A. Parking Lot has been completed. The City
of Englewood has received the Deed and the Title Insurance has
been issued, the transaction is coaplete. I request a Motion
approvin9 the acceptance of the Deed .
. C::2:::.
ee: Roter rras r, City Mana9er
••lls Wa990ner, Dir etor of Public Works
Pollyanna Kayes, I.D.D.A.
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'1'01 Mayor Van Dyke
Mllltlen of Enqleolood City Council
fiOI: Rick DeWitt, City Attorney
DRIB: May 2, 1990
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Ma haw receiv.c! the encloeed action. n. City hu a claim of aatlulance
MrVices. I uJt for authority to ana~~~r, defeld this action Inc! assert the
City's poeition u is ~iate. A writ~ report will be qi.VWI to the
Ocuncil wtwt w haw det:emined cur interests in this Cue.
Atuc::t.&at
nt
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DISTRICT COURT, ARAPAHOE COUNTY, COLORADO
Case No.
CO MPLAINT FOR INTERPLEADER
ALLSTATE INSURANCE COMPANY,
Plaintiff
vs .
THE ESTATE OF GUY 0. WYCKOFF, SWEDISH MEDICAL CENTER, DR . LESTER
BUTT, DR . RONALD K. BAKER, OR . BRIEN P . JAMES, DR. ROBERT L . COX,
SOUTH DENVER PULMONARY ASSOCIATION, P.C ., C .N.S . MEDICAL GROUP,
P.C., DR. T. E . BALAZY, CITY OF ENGLEWOOD, DR . HOWARD L. MCCARTHY,
SOUTH DENVER NEUROSURGICAL ASSOCIATES, OR . J. MICHAEL GEIER, DR .
R . URWILLER , DR . ROBERT D. OAKLEY, DR. RICHARD BRANAN, DR . GLEN E .
BURMEISTER, DR . ROBERT K. CARVER, CRAIG HOSPITAL, OR . CHARLES E .
DERBERT, OR . JAMES N. DREISBACH, DR . BURTON GOLUB, DR . JAMES T .
GOOD, JR ., DR . DENNIS J . GRIFFIN, DR . JORDAN GULINSON, GULINSON,
COX &. KARAKUSIS, ASSOCIATES , DR . PHI LIP D. HA!'JNA, OR . RICHAI.D
HANSEN, OR . WILLIAM E . JOB£, DR . PETER H. KARAKUSIS, DR . RICHAI.D t
LATCHAW, DR . AI.THUR LEVENE, OR . ROBERT MENTER, DR . B . MYERS, OR .
JOHN NEWELL, OR . STEVE PARKER, OR . PETER J . PHILPOTT, OR . BERNARD
POWERS, RADIOLOGY IMAGING ASSOCIATES, P .C ., OR . JOHN C . RILEY,
DR . JOHN F . ROBERTS, DR . JAMES C . SCHRAA, DR. CHARLES SEIBERT ,
SOUTH DENVER GASTROENTEROLOGJ , P .C ., DR . A . THOMAS STAVROS, DR .
WIL LIAM J . STEINES, OR . WENDE LL SWANSON, DR . DAVID TARYL£, OR .
WAYNE F . JAKES , and SOUTH DENVEI. ANESTHESIOLOGISTS, P .C .,
Defe ndants .
P la intif f All state Ins ura nc e Coapa ny by its attorne y s WALIERC,
DAGN£1. l LOYD, r .c. s ubait a th e follow ng Coap l a int n th e n a tura
o t ~nterpl aa d e r a v a inst th e above n a ad 4afen4a nt a a n4 a a vroun4a
therefore sti tes a s follows
1 . PlUntitf h a corpora t1on a uthori.z a d. to a nd do nv
businaaa with n the State of Colora do .
2 . Prior to Sa p eabar 1, 1919, pla ntiff iasu e 4 o Guy 0 .
Wyc off a policy of auto obil e inaura nc e 1ns ur1n9 wyc off
cont1ate n lth th e no-Ca ul provition t of th e Color a do a e v11 a d a a tutat for p e rtona l 1njury protection ("PIP") b e n e f1t t 1nclud1n9
e daa l a 111p e na •· r a h a bihtation ••pe nt ae , work lo ts a nd a eta l\t1 1 l
a a rv c al p n e • which Mr . Wyc of f ai9ht incur •• a r ae ult of a ny
au OIIObll a cuda nt 1n wb ch Mr . Wyc oft t uf hre4 1njun u . A copy
of th a 4 lu on lhaa t nd th e policy tn a n ae h 4HI h r o,
••r • hl lt A a nt 1nco pora t he r a 1n by r ater ne e .
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3. The above named policy provided that the defendant would
pay on behalf of its insured all reasonable and necessary PIP
benefits incurred by the insured as a result of a covered accident
to which its insurance applied .
4. The policy also provided that the plaintiff should not
and would not be obliqated to pay any claim for such expenses after
the applicable limit of the company's liability had been exhausted
by the payment of such expenses. The policy contained limits of
liability for PIP benefits in the amount of $100,000 for expenses
incurred by any one individual arising out of any sinqle accident .
5. The policy further provided for a $1,000.00 benefit to
be paid in the event of a death arisinq out of a covered accident.
6 . On or about September 1, 1989, a collision occurred at
the intersection of U. S. 285 with South Inca in Arapahoe County,
Colorado. The collision occurred when LaQuela Collins, drivinq
Wyckoff's vehicle with his permission, made a left turn in front
of Timothy Hark Thomas at that i ntersection causinq a collision
between the two vehicles . Such collision was an accident or
occurrence within the meaninq of the above mer.tioned insurance
pol.lcy .
7 . Wyckoff was a passenger ~n the vehicle, and as a result
of the accident, Wyckoff suffered injuries requiring extensive
medical care and treatment which began on September 1, 1989, and
continued through the date of Hr . Wyckoff's death on March 3, 1990 .
8 . On or after September 1, 1989, defendant• Swedish Med cal
Center, Dr . Lester Butt, Dr . Ronald l . Baker, Dr . Br i en P . James,
Dr . Robert L . Cox, South Denver Pulmonary Assoc1ation , P .C ., C .N.S .
Medical Croup, P .C ., Dr . T . £. lalazy, Cay of Englewood , Or .
Howard L. McCarthy, South Denver eurosurgical Aaaociates , Dr . J .
Michael Geier , Dr . ~. Urw1ll er , Dr . Jtobert D . Oakley, R1ehard
lranan, M.D., Glen£. l urm e i ster , M.D., Robert K. Carver, H D.,
era g Hospital, Charlet£. Derbert , James». Dr e 1 sbaeh , MD .•
Burton Golub , M.D., J a eaT . Good, Jr ., M.D., Denn t J . Gr1ff1n,
M.D., Jorda n Gulinaon , M.D., Guhnaon, Cox l Ka rakuais, Auoeh t t,
Philp D. Ha nna , MD , It chard Hansen, M.D., Will1aa Jobe, H D ,
Peter H. lara ulia, MD ., Richard Latchaw , MD ., Arthur Lev n e ,
M.D., lobert Men ar:, M D ., a . yera, M D., John ewell. M o , te e
P a rker, M D • Peter J . PhUpot , M D., ternard Powera , H . D.,
Radiol09y l a q1n9 AIIOC1 at 1 , P .C, John C . R1ley, MD ., John F .
Jtoberu, H o, Jaaet c . lchraa, Pay .D., Ch a rlet 1 1 rt, H.o .,
South De nv e Gaa roe nterolo;y, P C . , A. Tho at St a vroa, . D.,
Wlll aa J . It 1ne1 , M.D., nd ll Svant Oft, M.D., D v1d Tat.'yle,
H .D ., Wayn r . Ya et, M.D., and Sou h Denver Anett h uoloquu ,
P . e ., prov1d d • da a 1 v~e •• o ye off wh eh v r e o.r y av
b e ft necetei a d at a r aul ot a ce deftt and eol1i t lon . ch
oft e of th e 4ete a 1 n a opoundecl af'4 de c la.t.• ata l.ft t
ye otf a p l un ff fo nl~• of h e&'"lC II r " r d to ye oft .
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9. No suits have been filed by any of the defendants at this
time to the knowledge of the plaintiff. However, plaintiff expects
such suits to be filed by the defendants and plaintiff recognizes
its duty to make payment on behalf of the insured to the extent of
the coveraqe under its policy .
10. All of the defendants have or may have claims aqainst the
fund which will subject the plaintiff and its insured to multiple
and possibly conflicting claims, to a multiplicity of suits, and
to claims in excess of the funds available to the plaintiff for
payment of such expenses .
11 . Collectively, the named defendants have called upon the
plaintiff to pay claims i n excess of $300,000 .00 for med i cal
services rendered to Wyckoff aris i nq out of the injuries suffered
i n the autoaobile accident .
12 . As a result of the ault i ple and conflictinq cla i ms, the
pla i nt i ff is in doubt and cannot safely deter mi ne as between the
cla ims wi thout great hazard to 1 tael f. Pla i nt i ff does not know
wh i ch of the defendants ' cla im s , i f any, i t may safely pay under
the above referenced pol ic y s i nce the demands for payment i nd i cate
that the liaits of coverag• under the pol i cy w1ll not s u ff1ce to
pay all of the existing cla ims .
13 . Unless the severa l defendants are restra i ned or en j o i ned
froa prosecuting su1t1 aqa i nst the pla i ntiff or Wyckoff either
directly or indirectly and froa any effort to collect fro•
p l a i nt i ff any j udqaants rende r ed i n any s u ch s u ts , pla i nt i ff wi ll
be sub j ected to au l t i p l e or vexat i o u s c l a i as , inconal.stent
j udqa ents , and will be pre jud i ced n the pre ai ses and sub j ected to
nu e r o u s su1t1 the outco e o f wh ic h will not be pro perly
dete r• nat i ve o f the a a nn e r in which th e l1a1t ad f und o f the
pla int 1 ff shou l d be apport oned a on q the se v e r a l cla iaa n ts .
1•. P l a int i ff p a y s nto the r e qi s t r y of this Court th e s u
o f 5101,000, t h e a ount du e und e r the t a r 1 a nd provi s ions of the
policy for the a e dic a l expense ncurred by wyckoff aris1nq out of
th e accid e nt or occurre nce let out abov e , a nd the death benefit du e
under the pol cy , to abide th order and j dq entl of thl.l Court
reqardlnq 1tl dispolit i on .
Ht troac, pl a in iff prays hat ·
1 . Each of the detenda n 1 b e ord e red a nd co-a nded to
nterpl ead a nd 1e l e a ont h a1 e lvea the ir r1qht l a nd cl a 1 1 to
be 1 of 1100,000 du a nd p a y a bl e und e r h a bov e enuoned
con r a e of n 1 ura nc e .
1 Co ~ e n r a n Ord
d t n4a nt t fr 1n
a ce un of
e njo1n1n9 r e1 tra 1 n1n9 a ch
u '"' or pco aec tint fur h e r
a c:c1de or occurre nc e of h e
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3. On final hearing each of the defendants and their agents,
attorneys, representatives, asai;na, and all other persons claiminq
by, throu9h, or under them or any of them be perpetually enjoined
and restrained fro• inatitutinq or prosecutinq further any
proceedin; a;ainst the plaintiff on account of the above mentioned policy.
4. Plaintiff be fully and finally dilchar9ed froa all
further liability by reason of pay•ent of the proceeds of the
insurance policy into this Court .
5. The Court 9rants such further relief as may be proper .
Address of the plaintiff :
1200 West Mineral
Llttleton , Colorado 10120
Respectfully subaitted,
WALBERG, DA~a A LOYD, P.C.
By :.~~~~~~~~~------..... 056
Plaintiff
56 3 DTC Pa way, Suite 150
E lewood, CO 10111-3029
(303) 694-9300
FAX : (303) 694-9370
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'1'0: ~:ayor Van Dyke
t·llllflers of !)lglewood City Council
not: Rick De\<itt, City Attorney
rwm: r~ 2, 1990
RI!GMDIJG: carpenter v. Cottle, City of Englewood, et. Al -case No. 90CV1787.
\-Je have received the enclOMd action to Quiet Title. At the present
til1W we are c:hecJting with the City SUrveyor ~~nd City !)lgineer to eetemine the
rtatus of the City's clain. I ask for authority to an~ and ClefenC! this
action u is appropriate. A written report will be given to the Council when
we have deteDIIined our interests in this Case.
Attacl t
ex:: RcQtr Fr r
J:O.lls \*J9cner
~eh u h
nt Paul Kapaun
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DISTRICT COURT, COUNTY OF ARAPAHOE, STATE OF COLORADO . . ·' · ...
CIVIL ACTION NO. _9_0CV ___ l7_8_7 _______ , DIVISION __ s ____ __
SUMMONS RECEIVED
CIT\' OJ INIUWOOO. COLO.
THOMAS ~. CARPENTER,
Ph inti ff,
v.
MAY ! ,990
OFFICE OF THE
CITYCLEAK -------~~-,sr 'Pw· MARY E. COTTLE or her heir1, THE CITY OF ENGLEWOOD, MILE HIGH
CIRCLE SAVINGS AND LOAN ASSOCIATION tnd ALL U~~NOWN PERSONS WHO CLAI~ ANY INTEREST IN THE SUBJECT HATTER OF THIS ACTION,
Defendtnt•.
THE PEOPLE OF THE STATE OF COLORADO TO THE DEFENDANTS NAMED ABOVE:
THE CITY OF ENGLrwooD
You ere •u .. oned tnd required to file with the Clerk of
thi• Court en An1wer or other re1pon1e to the ttttched Coapltint
within twenty (20) dty• tfter thi• Suaaon• i1 1erved on you in the
Sttte of Colortdo, or within thirty (30) dty• tfter thia su .. on•
i• aerved on you out1ide the Sttte of Colortdo.
If you ftil to file your An•wer or other reapon•e to the
Co•plaint within the tpplictble ti•e period, judg•ent by deftult
••y be entered 1g1in1t you by t~ Court for the relief de•tnded in
the Coapltint, without tny further notice to you.
Suaaon1 r The following docu•enta tre 1110 •erved with thi•
Photoltttie copy of coapltint.
Dtted th I "]?' dty of I 'f 1 , 1990.
Reapectfully •ubaitted,
VA ATTA, SULLA~ AND lA DG•UND, P .c.
~~~ t ':. l:i#.. io. ;,s
Ront\4 H. ltndtJUnd, o. l2SOS
T ore. tult• 120
sno D'rC • r "'Y
ntlevood, CO lll-2721
Telephone• ( Ol) 771-0077
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. .">. . ~ DISTRICT COURT, COUSTY OF ARAPAHOE, STATE OF COLORAOO .~··/ ·
ooc\ I ,.,a·r 5 9J [p:f _i _C:T .. ~.-'2:.. .. : c:: I CIVIL ACTION NO. 1 ~ •C , DIVISION ~
:. ::. ~·:· .. : ~ :-~~
COMPLAINT (RULE lOS) C L E R ri . · .: • .::;:./ ·; ;
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THOMAS H. CARPENTER,
Ph inti ff,
v.
MARY E. COTTLE or her heirs, THE CITY OF ENGLEWOOD, MILE HIGH
CIRCLE SAVINGS AND LOAN ASSOCIATION tnd ALL UNK~OWN PERSONS WHO
CLAIM ANY INTEREST IN THE SUBJECT HATTER OF THIS ACTION,
Oefendtnta.
Pltintiff, Thoata H. Ctrpenter ("Ctrpenter•) through his
tttorneya, Vtntttt, Sulltn tnd Stndgrund, P.C., coapltina
tgtinat the tbove-ntaed Defendtnta tl follows :
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1. Venue is proper bectuae the retl property which is the
sub ject of this diapute i1 loctted within the Clty of Englewood,
County of Artpthoe, Sttte of Colort4o.
GENERAL ALLEGATIONS
2. The prop rty to wh ch th a Coapltint rel ea •
4escrtbe4 n Exhtb A ttttched hereto tnd ncorpor e4 here n: to
wit : the property deacr bed n Ordintnce .o. 4, Ser •• o f 1923,
o f the City of Englewood (th e •ctty•) insofar •• tt tbu • nd
tdju•t• Loti ll tnd 32, lloe l • Idle 14. Ci y of tn9le oo4,
County of Actp o • It e of Color do, n on htbl 1,
ch • • 1urv y o ch property, l her o n
ncorpor t h r 1n (the • urvey•),
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5. Upon infor~stion !nd belief, thst por~ion of the prop-
erty vscsted by the City of Englewood in 1923 h!s theresfter been
continuously, openly, notoriously, tnd to the ezclusion of the
Defend!nts in the possession of the Plsintiff or his predecessors
for t period of !t lesst twenty years.
FIRST CLAIM FOR R!LI!F/C.R.C.P. lOS
6. Pltintiff incorporttes Ptrsgrtpha 1 through 5 herein by
reference.
1. Pltintiff brings this action to quiet title to the Prop-
erties described in Exhibits A tnd B.
8. P1tintiff cltims title to the Property by virtue of the
Genertl Wtrrtnty Deed to him froa Richtrd E. Aaon existing in the
continuoua chtin of title from Htry !. Cottle, the vtctting ordi-
ntnce by the City tnd by virtue of C.R.S. S 43-2-301, !l !!g. A
copy of the Aaon to Ctrpenter Deed is ttttched hereto tnd
incorportted herein 11 Exhibit D.
9. Etch Defendtnt tbove-ntmed asy cltia some right, title,
or intereat in tnd to the property deacribed in Exhibits A tnd B
tdverae to Pltintiff, which c1tias tre without foundation or
right.
10. There ••Y be persona intereated in the property Whose
ntaea or identitiea ctnnot be tacerttined, t1though diligent
effort• htve been aade to diacover all such peraons. Such peraona
htve been atde Defend nta nd deaignated •tll unknown peraona who
cltia tny intereat in the aubject attter of this action.•
11. Plt ntiff cltlaa tit.le to the property, auperior tnd
ptraaount to thtt o f the other Defendtnta.
y Ill.
CLAIM FOR RtLIEF/ADV!RS! POSSESSION
ncorporttea herein by reference Ptrtgrtpha 1
n !lh bit• A and I above 1
he n h • predec aaor• in ntereat
o tuch property, openly, notor oualy
D f nd n • for 1 period of at le It net
en y
lhlb ta A end I • tctutlly
nd one-half (7·1/2) t et of
•••· Such •occup t on• by the
or oua, end tdv rae poe • • on o
ntel • n euc property, I • •
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WHEREFORE, Pl1intiff pr1ys !I follows:
! . For ! complete !djudic!tion of ~he rights of !ll
p!rties to this !Ction with respect to the property:
b. For 1n Order determining th!t Oefendtnts htve no
interest, esttte, or cltim of tny kind Nh!tsoever in the
property described in Exhibits A tnd B !tttched hereto !nd
incorportted herein.
c. For tn Order quieting the title of the following
described real property in Plaintiff:
Lots 31 tnd 32, Block 36, Idlewild, together
with thet portion of the vtctted por~ions of
south Broedwty, including tny right-of-w!y,
1dj1cent to stid lots 1s described i~
Ordin1nce No. 4, Series 1923 ts set forth in
Book 2632, Ptge 393, Reception No. 1657605,
City of Englewood, County of Ar1p1hoe, St1te
of Colortdo.
d. For such other tnd further relief 1s this Court
deeas just end proper.
Pl nttff's Addre•••
Route 2, lox 7493
Golden. Coloredo 80403
Respectfully submitted,
VANATTA, SULLAN k~D SANDGRUND, P.C.
Roneld M. Stndgrund, ~o. 12505
Two DTC, Suite 120
5290 DTC PtrkNIY
Englewood, CO 10111-2721
Telephone• (303) 779-0077
ATTOUEYI POR PLAINT I 1T
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