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HomeMy WebLinkAbout1990-05-21 (Regular) Meeting Agenda- • • • May 21, 1990 City Council Regular Meeting • • • 0 • • • 0 (J ~ f! n-"C'~ /}(. ~ff ~~% 1,. 0 L -1c/ # , 1 6, I~ I J', I; , C..o ,0 I 52.. 53 • / / I . . • I. Call to Order • • • 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 I . • Englewood City Council Minutes May 21, 1990 -Page 2 • • • 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 . I . l I Englewood City Council Minutes May 21, 1990 -Page 3 • • • 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 I . • Englewood City Council Minutes May 21, 1990 -Page 4 • • • 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 . • - • • • Englewood City Council Minutes May 21, 1990 -Page 5 • • • 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 • • • 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 • • • 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 I . • Englewood City Council Minutes May 21, 1990 -Page B • • • 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 I . • • • • 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 I . • Englewood City Council Minutes May 21, 1990 -Page 10 • • • 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. ot ul I . Englewood City Council Minutes May 21, 1990 -Page 11 • • • 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 .. I . • • • • • 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 I • - Englewood City Council Minutes May 21, 1990 -Page 13 • • • 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 . I . . - Englewood City Council Minutes May 21, 1990 -Page 14 14 . City Attorney's Report • • • (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 . I . Englewood City Council Minutes May 21, 1990 -Page 15 • • • COUNCIL MEMER HATHAWAY MOVm TO ADJOURN. The meeting adjourned at 9:52 p.m . • • -• • • 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 • • • 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 u • • • • 0 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 -3 • • • • • 0 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 • • • • l. 2. 3. 4. 5. '· • • • 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 I . . • • .. • 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. I -• • ,. • 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, ,.. D I • • • • • (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~ , I . - ba.. i - tl "I II !J 1/ • • • * 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 * * * • • 6 (b) (iii) • • • Ul ' ,// 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: • J • • I . • • • 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. • l • I . • • • 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? • 3 • 0 I . • • • • 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 ••• I . • • • 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 . I . • • • 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 : • I . • • • 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 • • • 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 ... I . • Englewood City Council Minutes May 1, 1990 -Page 10 15. AdJCM"Ment • • • COUNCIL NOIEI HATIWIAY MOYm TO AD.JOURN. The 111eeting adjourned at 9:10 p.111. I . . - I • • • • 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 , 1 " I . • • • • ~. 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, I • • • • • .. 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;;; 0 I • • • • • • 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 0 I . . • • • 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 I . . • REOOWI'IOO 00. 1 q SElUES <F 1990 • • • 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) I • • -• • , .. • 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 ... I • • The Honorable Susan VanDyke Mayor City of Englewood Englewood, Colorado 80110 Dear Mayor Van Dyke: • • • 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 I • • - • DATE May 21, 1990 IIIITIATm IY STAFF SCUtCE ISSUE/ACTION PIOPOSm • • • 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 . I . • CIIDINANCE NO. SERIES CE' 199_0_ • • • 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!,_ -1 - I . • • • ~ 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! I • • • • • 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 I . • DATE May 21, 1990 INITIATED IY STAFF SOURCE ISSUE/ACTION PIOPOSED • • • 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 • I . • • • • 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. -l - I • • , • • • 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. I . • • • 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 I • • • • • 0 •. 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 • • • • 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 I . • • • .. • 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 . • • • 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 . . • • • 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 . • j • • • 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 • • • 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 . • • • • 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. ' I . . • • • 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 ······•·•····•········•····•·••·•··•·••·•••·····•··••···•··• ... I • • • • • '· TABLE 2 1909 VEIUCL£ RIWI.I\CntEIIT SCIIEUULE ----------------------------------------------------------------------- I • • • • • 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 • • • 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 I • • - ' DATE May Z1, 1990 INJTIATm BY STAFF SOURCE ISSUE/ACTION PROPOSm • • • 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 . • I . • -• • • 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. ... \ • I . . 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 • • • 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••· • I • • . • • • • • 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 • • • 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. ... I . • • • 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. nf I • • ••a.... '1'01 Mayor Van Dyke Mllltlen of Enqleolood City Council fiOI: Rick DeWitt, City Attorney DRIB: May 2, 1990 • • • 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 I . . • • • 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 . I • • • • • • 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 . • I • • • •' • 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 I • • • • 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 t I • • • • • '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 .. I . . • • • .· ((:-:·· ~ ..... y(.· -~ . 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 I . • • • . . . . ~ . --. ' .. -. p~ . .">. . ~ 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 . · .: • .::;:./ ·; ; ~/ 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 : ~ 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•), I • • • 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 • • -• • • 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 -l- I . • - I • --· .... A ~ I -· _..rtl U , lttO • • • lEU. SURVEYINI COWPANY toO ............ -.~~~----·-­L & 10 D a.ll[lGIII -.,. 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