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HomeMy WebLinkAbout1990-07-16 (Regular) Meeting Agenda• ,. - ' . ' ' ]-• • ~ • ~ . '· ]-- • . . .. • 0 • • I . • 0 ..... I •. ·,, 1 32 x l - • • • • • '· EN&LEWOCIO CITY COUNCIL ElliLEWOCIO. AIAPMOE CCIIIITY. COLORADO Retular Session .July 11. 1990 1. ca 11 to Order The regular aeeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:36 p.a. 2. Invocation The invocation was given by Council Mellber Wiggins. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. Roll Call Present: Absent: A quoru• was present. Also present: 5. Minutes Council Mellbers Hathaway. Koltay. Wiggins. Bullock. Clayton. Habenicht. Van Dyke None City Manager Fraser City Attorney DeWitt City Clerk Crow Executive Officer Olson. Safety Services (a) COUNCIL MEMIEl HATHAMAY IIOVED. -IT IIAS S£C0lmED. TO APPIOVE THE MIIIJTES OF THE IEIULAI IEETI• OF MY z. lHO. Ayes: Council Metlbers Koltay. Hathaway. Wtggtns. Bullock • Clayton. Habenicht. Van Dyke Nays: None Motion carried. 6. Pre-scheduled Visitors (a) A resolution concerning a reappointment to the Englewood Downtown Development Authority was considered. The resolution was assigned a nlltlber and read by title: RESOLUTION NO. 62. SERIES OF 1990 . ' ' ., • • - - • • • Englewood City Council Minutes July 16, 1990 -Page 2 • • • t~ A RESOLUTION RATIFYING THE REAPPOINTMENT OF GREGG BIRDSALL TO THE BOARD OF DIRECTORS FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MENIER HATHAWAY MOVm, All) IT WAS SECOtl>m, TO APPROVE RESOLUTION NO. 62, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Mr. Birdsall's reappointment shall expire June 30, 1994. As Mr. Birdsall was not present, a Certificate of Appoint111ent and a City logo lapel pin will be sent to hi•. 7. Non-scheduled Y1sit0l"S (a) Ken Haraldsen, 3018 South Washington Street, expressed concern regarding the proposed stadiua tax issue . He coaented that Denver 1s being discriainatory by peraitttng only citizens of Denver to work at the new air- port. Regarding the Quincy Fire Station, Mr. Haraldsen said it should be pre- served as a part of Englewood's heritage and not sold or destroyed for a park. Discussion ensued. (b) Sharon Fritz, 4861 South Cherokee Street, expressed strong support for installation of warning sirens [Agenda Item 12(b)(i)J. (c) Allan Fritz, 4861 South Cherokee Street, concurred with his wife's coaents. COIIICIL NEIIIEI NAIENICHT NOYm, All) IT IIAS stcomm, TO •1• FOIIIIAID MD1tA ITEII 12(b)(1) -A lt£SOLUTICII CGNCEIIU• INSTALLATICII OF IIAIIIJ• SIIDIS. Ayes: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. The resolution was assigned a nuaber and read by title: RESOLUTION NO. 63, SERIES OF 1990 A RESOLUTION REGARDING THE INSTALLATION OF EMERGENCY WARNING SIRENS AND AU- THORIZING THE TRANSFER OF FUNDS. COIIICIL NEIIIEI HAIEIIICHT NOYm, All) IT IIAS SECClll>ED, TO APPROVE HSOLUTICII NO. 13, stllES OF ltto • Council Metlber Habenicht, sponsor of Resolution No. 63, stated she is present- ing the Resolution as a aeans to hasten installation of the warning sirens which were purchased by the City froa El Paso County. Executive Officer Ol - son, referring to a recoaaendation of the Departatnt of Safety Services dated February 16, 1990, confirmed the estimated cost to install four warning sirens is S20,000. If Council decides to proceed with the installation, It ts the opinion of Executive Officer Olson that two of the six units be retained for future repairs as the units are no longer manufactured and parts are not available. Mr. Olson expressed the opinion that there are alternatives to Installing the sirens. Installation problems were Identified and discussed; ,,,_ • . ' •· • , - • Englewood City Council Minutes July 1&, 1990 -Page 3 • • changing weather patterns, testing, and the manner in which warnings are given were explained. Position statements were given by Council members who stressed the need for public awareness and education. Vote results: Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Council Member Koltay suggested that staff investigate exist- ing lighting structures throughout the City for installation of the sirens. Council Melllber Clayton stressed the need to educate the public concerning the warning sirens. 8. Coaun1cat1ons and Proc1 ... t1ons (a) COUNCIL NEIIIER ICOLTAY NOVED, -IT IMS SECNED, TO DECLARE THE MEEK OF .JULY I -14, ltto, AS •MEJIT OUIIIE SCR£ENI• AIIARENESS IIEEIC. • Council Member Hathaway asked why the procl ... tion had not been presented be- fore the scheduled dates,. and was advised the request had not been received in a timely aanner to perait its subllittal to Council. Discussion ensued; it was agreed that effort should be .. de to encourage organizations to submit their requests in a aore tiaely fashion. Vote results: Ayes: Nays: Notion carried. 9. Consent Atend• Council Netlbers Koltay, Hathaway, lliggins, Bullock, Clayton, Habenicht, Van Dyke None COUIICIL ... cun• NOVED, -IT IMS SECCIIIDED, TO A...wt cmDIT MED ITEIIS t (a) THlOUIH (d) AS FOLLOIIS: (a) ORDINANCE NO. 33, SERIES OF 1990 (COUNCIL Bill NO. 29.l INTRODUCED BY COUNCIL MEMBERS HABENICHT, HATHAIIAY, -CLAYTCIO, ENTITLED: AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS Of THE CITY OF ENGLEIIOOO AT THE NEXT SCHEDULED REGULAR ,tJNICIPAL ELECTION PROPOSED ANENON[NT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND RESIDENCY REQUIRE - MENTS OF MEMBERS OF THE CITY COUNCIL. (b) ORDINANCE NO. 34, SERIES OF 1990 (COUNCIL Bill NO. 33, INTRODUCED BY COUNCIL MEMBER HATHAIIAY), ENTITLED: AN ORDINANCE APPROVING A WARRANTY DEED CONVEYING CERTAIN RIGHT-OF-WAY FOR THE CITY DITCH TO THE STATE OF COLORADO, STATE BOARD OF LAND COMMISSIONERS. . , • • 0 I ]- ]- Englewood City Council Minutes July 11, 1990 -Page 4 . ' '· • .. • .. • ... (c) ORDINANCE NO. 35, SERIES OF 1990 (COUNCIL Bill NO. 35, INTRODUCED BY COUNCIL MEMBER KOLTAY), ENTITLED: AN ORDINANCE APPROVING QUIT CLAIM DEED FOR A PORTION OF THE REAL PROPERTY WEST OF 2829 SOUTH SANTA FE DRIVE. (d) ORDINANCE NO. 36, SERIES OF 1990 (COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER BULLOCK), ENTITLED: AN ORDINANCE CONSOLIDATING THE AMENDMENTS TO AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD, THE BOARD OF COUNTY CCNUSSIONERS OF THE COUNTY OF ARAPAHOE AND WASTE MANAGEMENT OF COLORADO, INC. Ayes: Nays: Motion carried. 10. Public Hearing Council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None No public hearing was scheduled. 11. Ordinances, biol ut ions and Notions (a) Ctty Attorney DeWitt explained that the need for this particular resolution bee-apparent when the title to the property was reviewed, reflecting a defect wtth the title of the property tn then ... of a priest not the Archdiocese. Qutet title action would clear the defect, and the Archdiocese has no objection to this fol'II of action. Council Mlaber Hathaway added that this ts the land the Malley Center 1s trying to acquire for future expansion; further that part of the conditions of the contract wtth the Archdiocese calls for the City to do certain iaprov .... ts before school c•- aenc:es thts fall. The resolution was assigned a nllllber and read by title: RESOLUTIC* NO. 64, SERIES Of 1990 A RESOLUTIC* ALLOWING THE CITY OF ENGLEWOOD TO QUIET TITLE TO THE SOUTH 75 X 125 FEET Of THE ST. LOUIS PLAYGROUND. CGUIICIL .... HATIWIAY IIOVtD. -IT MAS SECCND, TO APNOVE 1aown• •• 14. SDIES Of lttO. Ayes: Nays: Motton carried. Council Mlabers loltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 12. leMral Discussion (a) Mayor's Choice " - ' ' . , • ' • • 0 1 32xl - - • • • Englewood City Council Minutes July l&, 1990 -Page 5 <, • • • t• " (i) Mayor Van Dyke explained the agenda format has been restruc- tured with Mayor's Choice and Council Member's Choice preceding the City Man- ager's Report. If the change meets with Council's approval, the proposed Rules and Procedure of Council will reflect the new format. (ii) MAYOR VAN DYKE NOVm, All) IT IIAS SECOll>m, TO CONTRIBUTE $500 TO •f1Appy DAYS CELEBRATION.• Mayor Van Dyke commented that the ·Happy Days Celebration• is a coaunity project sponsored by the 1950s 111111111 of Englewood High School, and will pro- vide outstanding scholarship funding. Council Mellber Habenicht clarified that the donated funds are from Council's Aid to Other Agencies account. Ayes: Council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) Council Metlber's Choice (1) This agenda itea was moved forward. See Page No. 2 for offi- cial action. (11) Council Metlber Clayton clarified his request to have a rep- resentative froa the Court syst .. and the City Attorney present at the budget retreat, stating it is iaportant to consider !l1. depart .. nts when aaking final budget decisions. COUNCIL IIEIIID cun• IIOYED, -IT IIAS SECCIID, TO SCHEDULE IUDIET PIESEII- TATIONS FOi TIE COURT SYSTEJII, TIE CITY ATIOIIEY, All) ALL OlHEI FIIUlll:IAL MT- TOS THAT IIIPACT THE IUDIET TO IE TAIBI CAIE OF AT TIE IUDIET IETIEAT. City Attorney DeWitt stated he understands the City Attorney budget ts to be discussed with Council in a study session prior to the retreat. Mayor Van Dyke concurred, stating the Court's budget will be presented in August, the City Attorney's in September. The aotion was withdrawn with the understanding budget requests for all de- partaents are to be presented prior to or at the bud9et retreat and tliii al 1 decisions are to be finalized at the conclusion of the retreat. Concurrence was gtven to having a representative froa all departments at the retreat. Aho requested ts a report on the iapact to the budget by the wage increases for the atd-aanag-nt group . Mr. Dellttt was asked to prepare a 110tton for consideration at the August 6, 1990 ... ting covering Counctl 's direction to staff. (111) Council Meaber Habenicht discussed four it .. s: (1) She asked about the Oxford striping and bike path signs; she was assured they were in place. Discussion ensued concerning vehi - cles using the bike lane for right-turns. "'~ ' . ' • . .,; • • 0 - - • • En,lMIIOOCI City Council Minutes Ju y l&, 1990 -Page 6 (, • " • ( 2) Ms. Habenicht advised Counc 11 that the Pub 11 c Library Board at their July 10th •eting had discussed at length the City's tight revenue situation and how that situation will affect the Library's bud- get. She stated the board IIIHbers were searching for positive, innovative alternatives. (3) She attended the Employees Annual Picnic on July 14th and stated it was an enjoyable event. (4) Ms. Habenicht requested that regular reports on econoaic developaent efforts be provided Council; Mayor Van Dyke assured her reports would be received. (iv) Council Mellber Wiggins discussed two it .. s: (1) He reported that Mayor Van Dyke, Council Metlber Clayton and he had participated in the recent South Platte River raft trip which was sponsored by Urban Drainage and Flood Control District. He en- couraged other llellbers of Council and staff to consider participating in thts fun event in the future. (2) He concurred with Council Mellbers Clayton and Habenicht that a report should be prepared for consideration at the budget retreat concerning •id-aanageaent, i.e., staffing and cost implications. 13. Ctty llana .. r's it.port Nr. Fraser did not have any 111tters to bring before Council. 14. Ctty Attorney's a.port (a) City Attorney DeWitt briefly discussed tile Federal District Court Order dtsaisstng Hatdon's clat• against the Ctty, stating tile 111tter at the present tt .. ts closed. (b) Mr. DeWitt transattted copies of the Final Deterain1ti011 of the Department of Revenue in the .. tter City of Englewood vs. Martin Manufacturing concerning certain taxes owed the City. Mr. DeWitt advised he would kffp Council apprised if an appeal is filed. (c) There was a brief discussion concerning proclaaattons; consensus ts not to fol"lllltze the process of procl1111tton sublltttals, but to continue to review requests on a case-by-case basts and to encourage orvanizattons to sub- ait their requests in a IIOre tt .. ly 111nner . . , .. • • 0 '32xl - - • • Eng18'IIOOCI City Council Minutes July 11, 1990 -Page 7 · 15. Adjour ... nt · ... ... .. • . ' • .. • . " COUNCIL MENIER HATHAWAY MOVED TO ADJOUIII. The meeting adjourned at 8:44 p.a. ~· . ' . • . . ~ .. • • 1 32x l ...... ...... • • • " ~ • ~- ' AGENDA ITEM I2(B)(i1i)(l) -JULY 16.1990 HABENICHT: JUST A COUPLE OF THINGS. THE OXFORD STRIPING. I HAVE THE OCCASION TO DRIVE OXFORD ALMOST DAILY NOW. AND I HAVEN'T NOTICED THE BICYCLE SIGNS UP. WILL THEY BE -THE BICYCLE ROUTE SIGNS. WILL THEY BE COMING UP SOON? OR ... (4) HABENICHT: WE DID PASS A RESOLUTION PROVIDING FUNDING FOR ECONOMIC DEVELOPMENT EFFORTS. I DON'T RECALL THAT WE ASKED FOR A REGULAR REPORT TIME BACK ON HOW THAT'S GOING. COULD WE POSSIBLY DO THAT? VAN DYKE: I THINK THAT YOU CAN BE ASSURED THAT IT'S GOING TO BE DONE. EVEN BEFORE YOU REQUEST. BECAUSE IT'S SOMETHING THAT IS PART OF THE PROCESS FOR ECONOMIC DEVELOPMENT. SO. AND IF YOU'D LIKE TO FOLLOW UP. MR. FRASER. FRASER: CERTAINLY. HABENICHT: THANK YOU . -lZ • ~~ ' ' • ~ . • • • - - • • • \ ,.. • .. • ' ,, ,_ ... WIGGINS: THE ONLY OTHER QUESTION THAT I HAO, AND ALEX ALLUDED TO IT AND BILL MENTIONED IT, FOR OUR BUDGET, I THINK THAT ALEX HAD ASKED PREVIOUSLY THAT WE HAVE SOME KIND OF A STUDY ON MID-MANAGEMENT, AND I WOULD SURE LIKE TO SEE THAT BEFORE WE GO INTO BUDGET. HOW MANY MID-MANAGERS WE HAVE, THAT WE'VE TAKEN ON FROM THE PREVIOUS STAFF THAT WE HAO, THE CURRENT STAFF, AND WHAT THE COST ARE INVOLVED. -13 - #~ . ' • . .. • • 0 '32xl - - • • • ·, • .. AGENDA ITEM 12(B)(ii) -JULY 16, 1990 CLAYTON: YOUR HONOR, JUST BRIEFLY. I WAS SPEAKING WITH LINDA MARTIN EARLIER ABOUT MY REQUEST THAT WE HAVE THE COURT SYSTEM AND ALSO THE CITY ATTORNEY PRESENT AT OUR BUDGET HEARING, AND I BELIEVE SHE WOULD LIKE ME TO ASK COUNCIL'S PLEASURE AT THAT REQUEST. SHE NEEDS TO KNOW WHAT, AH, SHE SHOULD SCHEDULE TIME DURING THE BUDGET HEARING FOR THE COURT AND THE CITY ATTORNEY. IT'S MY FEELING THAT IF WE'RE GOING TO DO A BUDGET RETREAT, WE SHOULD ENCOMPASS THE ENTIRE BUDGET AND NOT LEAVE OUT TWO IMPORTANT DEPARTMENTS. IT SEEMS TO ME LIKE IN THE PAST WHEN WE'VE GOTTEN AROUND TO CONSIDERING THE COURT AND THE CITY ATTORNEY WE'VE ALWAYS BEEN SORT OF Ill PREPARED AND HAD THE SENSE THAT WE WERE KIND OF THROUGH IT AND THEN SUDOENLY WE WEREN'T THROUGH IT, WE HAD TO GO BACK AND REVISIT All THE ISSUES THAT WE KIND OF SET ASIDE. SO WITH THAT IT WOULD BE MY REQUEST THAT, AND MY MOTION THAT WE SCHEDULE THE COURT SYSTEM AND THE CITY ATTORNEY AND All OTHER FINANCIAL MATTERS THAT IMPACT THE BUDGET BE TAKEN CARE OF AT THE BUDGET RETREAT. VAN DYKE: AND THAT'S IN THE FORM OF A MOTION? CLAYTON: YES. HATHAWAY: SECOND VAN DYKE: I'D LIKE TO DEFER TO MR. DEWITT AT THIS TIME BECAUSE I BELIEVE IT WAS AT THE INITIATION OF HIS OFFICE AND THE COURT'S OFFICE, SO TO SPEAK, TO ADDRESS THIS SEPARATELY. HOW'S THE OPPORTUNITY FOR SOME INPUT. DEWITT: OUR POSITION IS IS THAT THE MATTER, All MATTERS RELATING TO THE BUDGET SHOULD BE INCLUDED IN THE BUDGET PROCESS. I UNDERSTOOD FROM TALKING TO LINDA THAT WE 'RE GOING TO APPROACH THIS IN A STUDY SESSION BEFORE THE ACTUAL "BUDGET SESSION• OF THE CITY COIIICJL. I HESITATE TO CALL IT A BUDGET RETREAT BECAUSE IN THE TRADITIONAL SENSE IT'S NOT GOING TO BE THAT. I OON'T ICNOlf IF THAT'S WHAT YOU'RE TALKING ABOUT· WE DO IT AT THE •FOIIW. BUDGET RETREAT• OR IF WE DO IT BEFORE THAT. THAT'S SOMETHING THAT IN UNCLEAR IN MY MIii>. -WAS IT SEPTEMBER .... VAN DYKE: WELL, THERE 'S TWO, ONE FOR THE COURT IN AUGUST All> ONE FOR YOUR OFFICE IN SEPTEMBER I BELIEVE. CLAYTON: RIGHT. I GUESS IT WAS UNCLEAR IN MINE TOO CAUSE WE OON'T HAVE ANYTHING SIMILARLY SCHEDULED FOR ANY Of THE OTHER DEPARTMENTS PRIOR TO THE BUDGET RETREAT. I CERTAINLY OON'T HAVE AIY PROBLEM RECEIVING SOME INFORMATION FROM THE COURT SYSTEM All) YOUR OFFICE PRIOR TO THE BUDGET RETREAT , BUT I WOULD LIKE TO LEAVE THE BUDGET RETREAT HAVING MADE THOSE DECISIONS, ANO l'D LIKE TO MAKE THOSE DECISIONS AT THE BUDGET RETREAT AND NOT AT SOME PRIOR TINE . DEVITT: WELL, IN FACT, AT OUR MEETING AT NOON TODAY WITH RESPECT TO THE AGEll>A, I TOLD THE MAYOR THAT I FELT II THE PROCESS SHOULD BE COMPLETED IN THE BUDGET HEARING CYCLE, 11. ANO 12 ISSUE JS THAT -9 - • • • • ]- -- • • • • • t• • · .. YOU Will PROBABLY START TO SEE MATERIAL FILTERING ON THE PROCESS. so ... VAN DYKE: SO MAYBE WE ARE BY THROUGH CLARIFICATION GOING IN THE CORRECT PROCESS. IN OTHER WORDS WE ARE GETTING THE MATERIAL FR(JII THE COURT SYSTEM AND FROM THE CITY ATTORNEY'S OFFICE WELL AHEAD OF THE BUDGET RETREAT PROCESS, WHICH IN THE PAST PERHAPS DIDN'T HAPPEN IN THAT MANNER AS EFFECTIVELY AS IT MIGHT HAVE FOR All PARTIES CONCERNED. CLAYTON: I SIMPLY WANTED TO MAKE SURE THAT WE WEREN'T GOING TO BE MAKING DECISIONS ON FUNDING LEVELS OUTSIDE THE BUDGET RETREAT PROCESS, BECAUSE IT JUST DOESN'T SEEM TO ME THAT THAT'S WORKED WELL FOR US IN THE PAST. WE SEEMED TO ALWAYS BE KIND OF CAUGHT SHORT. VAN DYKE: WELL WITH THAT IN MIND DO WE HAVE A NEED FOR THE MOTION. CLAYTON: I'll WITHDRAW THE MOTION AS LONG AS WE'RE IN SYNC THERE. HATHAWAY: MY UNDERSTANDING IS THAT YOU ALSO WANTED THEM THERE AT THE BUDGET RETREAT. CLAYTON: OH, YEAH. DEWITT: OH, YEAH. HATHAWAY: OKAY, I JUST WANT TO MAKE SURE THAT THAT'S CLARIFIED. I DON'T MIND WITHDRAWING THE SECOND EITHER IF THAT'S THE CASE AND IT'S CLEAR. VAN DYKE: MR. FRASER WOULD LIKE TO HAVE SOME INPUT HERE. FRASER: MAYOR, I THINK THAT IT'S FOR OUR BENEFIT AND FOR THE BENEFIT OF THE COURTS AND FOR THE RECORD I GUESS IT WOULD BE HELPFUL IF COIIICIL WOULD STATE ITS CONCERN AND ITS DESIRE TO HAYE BOTH THE COURTS Ml> THE CITY ATTORNEY PRESENT AT THAT HEARING. I THJMt THAT THAT'S IIOT BEEN WELL COMMUNICATED IN THE PAST AND THE EXPECTATION WASN'T CLEAR AS TO WHETHER THOSE FOLKS OUGHT TO BE THERE. AND I THJMt THAT WE WOULD IF YOU CHOSE TO PASS THIS INCLUDE THIS AS JUST A POLICY ISSUE THAT COUNCIL HAS DETERMINED THAT WE'RE GOING TO DEAL WITH ALL OF THESE AT BASICALLY THE SAME TIME, WHETHER THAT BUDGET RETREAT JS ABLE TO BE DONE WITH IN ONE DAV, OR TWO DAYS, OR WHATEVER THAT TAKES. CLAYTON: OKAY . FRASER: IT WOULD BE HELPFUL TO US TO HAVE THAT AS A POLICY DECISION OF COUNCIL THAT YOU WANT IT HANDLED THAT WAY. CLAYTON: WHAT IF I REPHRASE THE MOT ION TO THE EFFECT THAT • 1 MOVE THAT VE DIRECT CITY STAFF TO ENSURE THAT All DEPARTMENTS OF THE CITY THAT ARE IMPACTED BY THE BUDGET HAYE A REPRESENTATIVE AT THE BUDGET RETREAT AND THAT IT'S OUR INTENTION TO COMPLETE THE BUDGET AT THAT TIME.• DOES THAT .... HABENICHT: I LIKE THE FIRST MOTION. CLAYTON: YOU LIKE THE FIRST ONE BETTER? • 10 • .. . . • • 0 - - J • • • .. ·.., • ~- VAN DYKE: WOULD THAT .... FRASER: WELL, I THINK THAT ALEX'S -I AGREE WITH ALEX'S COMMENT THAT THE UNCERTAINTY HAS EXISTED WITH RESPECT TO THOSE TWO DEPARTMENTS IN THE PAST ANO I THINK THAT FOR THEIR BENEFIT AND FOR OURS, THAT CLARITY WOULD BE HELPFUL. CLAYTON: OKAY, WELL THERE'S ANOTHER AREA TOO, YOU KNOW .. THE ISSUE OF THE MID-MANAGERS INCREASE HAS ALWAYS BEEN SORT OF LEFT OUT OF THE RETREAT TOO. I'D LIKE TO BE SURE THAT THAT'S INCLUDED. VAN DYKE: HOW ABOUT IF WE ASK THE CITY ATTORNEY TO COME UP WITH A MOTION THAT ADDRESSES THOSE -COURT, CITY ATTORNEY, AND ANY TYPE OF SALARY INCREASES THAT ARE NOT CONTRACT OR NEGOTIATED. HATHAWAY: WELL, THAT WOULD INCLUDE THE JUDGE TOO .••• CLAYTON: THAT'S FINE WITH ME. I GUESS, YOU KNOW, THE INTENTION IS THAT EVERYTHING OUGHT TO BE DEALT WITH, WE OUGHT TO GET IT All ON THE TABLE AND GET IT .... VAN DYKE: SO THAT WE MAKE SURE THAT WE'RE NOT MISSING ANYTHING, WE'RE GOING TO ASK FOR THE CITY MANAGER'S INPUT AND FOR THE CITY ATTORNEY TO FINALIZE A MOTION OF THAT NATURE ANO WE CAN ADDRESS IT AT THE VERY NEXT MEETING. CLAYTON: OKAY. SO AT THIS TIME I' LL WITHDRAW MY ORIGINAL MOTION AND MY CHANGE. HATHAIIAY: AND I'LL WITHDRAW MY SECOND. VAN DYKE: SO WE DON'T HAVE A MOTION ON THE FLOOR. BUT W£ lllll ADDRESS THIS PARTICULAR CONCERN WHEN WE GET IT WOIICED OUT BY OUR NEXT MEETING • -11 - • I • • - • • DEWITT : • • " · .. • AGENDA ITEM ll(A) -JULY 16, 1990 YES, THE NEED FOR THIS PARTICULAR RESOLUTION BECAME APPARENT WHEN WE REVIEWED THE TITLE TO THE PROPERTY. WE'VE, WHAT HAPPENS IS IS THAT "IN TIMES PAST" THE PRIEST OF THE ARCHDIOCESE WHO ACTUALLY WAS THE PASTOR OF THE CHURCH WOULD TAKE TITLE TO THE PROPERTY, NOT THE ARCHDIOCESE ITSELF. AND WE'RE TALKING ABOUT A TITLE DEFECT BACK HERE THAT SEEMS TO POP UP IN THE 30S AND IN ORDER TO CLEAR TITLE TO THE PROPERTY WE SHOULD FILE A QUIET TITLE ACTION TRYING TO ELIMINATE THE INTEREST OF THIS PRIEST. NOW YOU SHOULD BE ADVISED THAT THE ARCHDIOCESE HAS NO OBJECTION TO THIS AND YOU KNOW IT'S PART OF THE PROCESS OF CLEARING TITLE TO THE PROPERTY. SO WE WOULD PROPOSE TO PURSUE IT IN THIS HANNER. THERE REALLY IS NO OTHER FEASIBLE WAY OF DOING IT, AH, THAT'S AS CONVENIENT AND AS UNANTAGONISTIC AS THIS IS . THERE IS ANOTHER ALTERNATIVE WHICH WOULD BE CONDEMNATION, BUT WE DON'T WANT TO GET INVOLVED IN THAT, WE DON'T NEED TO, SO I'D RECOMMEND THE PASSAGE OF RESOLUTION NO. 63 [SIC 64) AND BY THE WAY, I'VE GOTIEN ABOUT A HALF A DOZEN REQUESTS ON THIS THIS PAST WEEK. IT SEEMS THAT ONCE WE MAD£ THIS RECOMMENDATION, WELL, IN FACT AUSTIN GCIIES THIS EVENING ASKED YOU KNOW WHAT THE TIME FRAME IS, COUNCIL PERSON HABENICHT -OH, HATHAWAY DID, SO WE'RE READY TO GO FORWARD. HATHAWAY: YOUR HONOR, THERE IS ALSO A LITTLE BIT OF EXTENUATING CIRCUMSTANCES, THIS IS INDEED THE LAND THAT MALLEY CENTER TRIED TO ACQUIRE FOR THE EXPANSION. AND PART OF THE CONDITIONS OF THE CONTRACT THAT WE DO INDEED ALREADY HAVE WITH THE ARCll>IOCESE IS THAT WE DO CERTAIN IMPROVEMENTS TO THAT PROPERTY BEFORE SCHOOL STARTS THIS FALL IN ORDER TO DO THAT WE HAVE TO GET THIS EXPEDITED TO WHERE WE CAN AT LEAST START THOSE IMPROVEMENTS EVEN IF THE TITLE IS ll>T TOTALLY CLEARm YET. PART OF THOSE ARE TO TH£ PLAYGIIOUII> AREA THAT ST LOUIS WILL STILL BE USING, AND IT WAS PART OF TN£ CONDITIONS FOR THEN SELLING US THIS LAND • • 8 • -- ' • .. • • '32x l ]- ]- • • • • • t• • '· AGENDA ITEM 12(B)(i) -July 16, 1990 HABENICHT: WE TALKED ABOUT THIS A COUPLE OF YEARS AGO ON COUNCIL AND WENT AHEAD WITH THE PURCHASE OF EMERGENCY WARNING SIRENS WHEN IT WAS DETERMINED BY STAFF THAT THE EXISTING SIREN SYSTEM THAT WE DID HAVE IN PLACE WAS NOT READILY REPAIRABLE. SINCE WE DO HAVE THE SIRENS, I WAS RATHER SURPRISED TO HEAR THAT THE PLAN WASN'T UNDER WAY TO INSTALL THEM, SO I AM INTRODUCING THIS RESOLUTION TO GET THAT, TO SEE IF WE CAN HASTEN IN GETTING THAT DONE. BULLOCK: Cot14ENT IS DIRECTED TO THE CITY MANAGER. I PRESUME THAT THE SIRENS HAVE BACK UP SYSTEM IN LIGHT OF THE FACT THAT POWER OUTAGE FRE- QUENTLY FOLLOW THESE KINDS OF STORMS. IS THAT A CORRECT ASSUMPTION? FRASER: OLSEN: I WOULD HAVE TO ASK OUR DIRECTOR, OUR EMERGENCY SERVICES, CHIEF OLSEN TO C<ltE FORWARD AND ANSWER THAT QUESTION. YOU'LL RECALL THAT STAFF HAD MADE A RECotl4ENDATION BECAUSE OF THE NATURE OF THE WAY STORMS EVOLVED IN THE METRO AREA, NOT TO SPEND THE ADDITIONAL $20,000 BECAUSE OF OUR CONCERN THAT IT WAS NOT A SYSTEM THAT WOULD BE EFFECTIVE IN PROVIDING ADDITIONAL PROTECTION FOR THE RESIDENTS. AND THAT'S THE REASON FOR THIS DISCUSSION THIS EVENING. TO GET DIRECTION FROM COUNCIL ON HOW YOU WANT THIS TO GO. CHRIS, IF YOU MR. BULLOCK, I GUESS AS FAR AS THE BACK UP POWER SUPPLY, THESE SI- RENS WOULD BE INDEPENDENTLY HOOKED INTO PUBLIC SERVICE C<ltPANY POWER, ANO AS FAR AS I CAN DETERMINE I AM NOT SURE WHAT WE COULD USE FOR A BACK UP SUPPLY. BATTERIES WOULD NOT WORK IN THIS CASE, SO IF POWER GOES OUT FOR A CERTAIN AREA, THE SIRENS WON'T WORK. VAN DYKE: ON THE OTHER HAND, IT SEEMS LOGICALLY THAT THE SIRENS WOULD BE GOING OFF BEFORE THE EMERGENCY HAPPENED. BULLOCK: I WAS JUST GOING TO MAKE THAT .... OLSEN: THEORETICALLY. AGAIN, THEY DON'T, THEY'RE REALLY ONLY GOING TO GO OFF WHEN WE HAVE A TORNADO WARNING, NOT A WATCH. SO, IT'S A CRITI- CAL ISSUE, EVEN THE OTHER DAY WHEN WE HAD THE HAIL STORM, I WAS IN MY OFFICE KIND OF WATCHING THE WEATHER, IT'S WAS GETTING CLOSE TO THAT POINT CAUSE THERE WERE SOME TORNADO WATCHES OUT, BUT YOU DON'T DO IT UNTIL IT GETS TO THAT POINT. IT'S A LAST MINUTE DECISION ~EBOOY HAS TO MAKE. IT MAY CM ON A WEEKEII> WHEN YOU HAVE MAYBE A PATROL SERGEANT OR SOMEBODY OVER THERE, BUT ANYWAY IT'S A LAST MINUTE KIii> OF DECISION. WHEN YOU LOSE POWER, YOU LOSE POWER. BULLOCK; DO YOU HAVE AN OPINION, ONE WAY OR THE OTHER? THAT YOU'D LIKE TO EXPRESS? OLSEN: WELL, IT WAS ALL STATED IN THE MEMOIWOII THAT I SENT OUT ON FEBRUARY 16TH, AND I STILL HOLD TO THAT, THAT OUR OPINION IN SAFETY SERVICES AND MINE THAT WE NOT GO AHEAD WITH THE INSTALLATION, BE- CAUSE THERE ARE OTHER ALTERNATIVES TO THAT ANO ... I'LL LEAVE IT UP TO YOU. THERE'S A REASON WHY EL PASO COUNTY PULLED ALL TH£IRS OUT ANO THEY HAVE NOT REPLACED THEM WITH ANOTHER SYSTEM. THAT'S WHY WE -I - . . "' - , ·' \ ' ' • ' I . • I - • • • • '· ,. .. WERE ABLE TO GET THEM FROM THEM. AH, MY OPINION STILL IS, AT THIS POINT, THE SZ0,000 THAT I ESTIMATE RIGHT NOW -THAT WAS KIND OF A ROUGH GUESS - VAN DYKE: SZ0,000 PER UNIT? OLSEN; SZ0,000 IS FOR THE INSTALLATION OF FOUR UNITS. IF WE GO AHEAD WITH FOUR UNITS PLACED AROUND THE CITY SO THAT EVERY SECTION OF THE CITY IS HIT HOPEFULLY. THERE'S A MILE RADIUS SECTION ON EACH SIDE OF THESE THINGS ANO IT SEEMS TO WORK OUT BEST FOR FOUR SIREN INSTALLATION. HABENICHT: I HAVE A COUPLE OF QUESTIONS. MR. OLSEN, I UNDERSTAND THAT THE REASON FOR THE EXPENSE IS BECAUSE OF THE BULK OF THE SIRENS •.. OLSEN: THAT'S CORRECT. HABENICHT: ... ANO YOU HAVE SUGGESTED BUILDING A FOUNDATION, DIGGING A FOUNDA- TION ... OLSEN: WELL, THEY ARE ERECTED ON 30 FOOT METAL STANDARDS, VERY, 2' IN DI- AMETER METAL STANDARDS, AND IN ORDER TO ENGINEER THEM PROPERTY INTO THE GROUND WITH THE RIGHT AMOUNT OF WEIGHT, YOU HAVE TO DO SOME VERY HEAVY DUTY STRUCTURAL WORK IN THE GROUND. THAT'S WHY WE NEED AN ENGINEERING TO COME IN -OF COURSE, EACH SITE IS GOING TO HAVE TO BE EVALUATED ANO THAT'S, SORRY, GO AHEAD. HABENICHT: I WAS JUST GOING TO SAY I HEARD SOME PEOPLE SUGGEST THAT PERHAPS THE BUILDING, OR THE SIRENS COULD BE MOUNTED ON TOP OF BUILDINGS, AND THEREFORE YOU WOULDN'T HAVE TO HAVE THAT EXPENSE. OLSEN: WELL, 1 'M NOT SURE TOO MANY BUILDINGS Will WANT TO HAVE THESE ON THERE. I MEAN, I REALLY HAVE NOT GONE OUT All> ASKED SCHOOLS IF THEY WANT THEM, BUT THE NATURE OF HOii THESE THINGS WERE DELIVERm TO US, APPARENTLY THEY HAVE TO ,oJNTED ON THESE POLES. PUTTING THEM ON A BUILDING, YOU'RE STILL GOING TO HAVE, TO HAVE THEM UP IN THE AIR BECAUSE OF THE WAY THE THINGS ARE MOE. THE NET MOST OF THE COST IS JUST THAT INSTALLATION, GETTING THOSE THINGS UP THERE. HABENICHT: AND, HOii MUCH, HOW MUCH DID THE UNITS COST US? OLSEN: WELL, I THINK THEY RAN $6,000 JS MY UNDERSTAll>ING -S5,000-S6,000 FOR ALL THE UNITS. WE BOUGHT SIX ANO THE INTENTION WAS TO USE FOUR OR FIVE ANO SAVE AT LEAST ONE OR TWO OF THEM FOR REPAIR PARTS. CAUSE THESE ARE NO LONGER MANUFACTURED. HABENICHT: HOii MUCH WOULD THESE COST NEW? OLSEN: I HAVE NO IDEA. THE COMPANY'S OUT OF BUSINESS FRON WHAT I UNDER- STAND. THERE'S NO WAY YOU CAN FIND OUT. HABENICHT: THERE'S NO WAY TO KNOW HOW MUCH A SIREN ... OLSEN: NO -I 'M SURE WE GOT A GOOD DEAL ON THEM ... VAN DYKE: WERE THEY USED? -2 - . . . ' ' • • • - • • • OLSEN: FRASER: • • • ·, (. THEY WERE DOWN IN EL PASO COUNTY. THAT'S WHERE THEY CAME FROM. THEY WERE PART OF EL PASO COUNTY AIR RAID WARNING SIREN SYSTEM. EL PASO COUNTY DECIDED TO GET AWAY TOTALLY FROM OUTSIDE AIR WARNING DEVICES AND, YOU KNOW, THEY PUT THEM UP FOR SALE, AND WE PICKED THEM UP. MAYOR, MAY I ANSWER A COUPLE OF, OR EXPAND ON CHRIS' ANSWER, ON A COUPLE OF YOUR POINTS. IN TERMS OF EXISTING BUILDINGS, WHAT WE'VE FOUND IN THE PAST IN TRYING TO INSTALL A THING OF THIS WEIGHT AND THAT HIGH IN THE AIR, THAT t10ST BUILDINGS ARE NOT DESIGNED OR EN- GINEERED TO SUSTAIN THAT KIND OF WEIGHT ANO THAT KIND OF TORQUE ON THE STRUCTURE WITHOUT MAJOR MODIFICATIONS TO THE BUILDING THEM- SELVES, SO YOU'RE BETTER OFF IN THOSE CIRClllSTANCES PUTTING A FREE STANDING POLE OUT OF THE GROUND ANO STRUCTURING THAT. SECONDLY, IF YOU WERE GOING TO GO A BRAND NEW SYSTEM, IF YOU WERE TO ORDER SOME- THING TODAY, AND YOU WOULDN'T ORDER THESE KINDS OF SIRENS, YOU WOULD GO WITH AN ELECTRONIC SYSTEM THAT WAS NOT DONE IN THE TRADI- TIONAL NOISE MAKING SIREN MOOE WHERE YOU'VE GOT VEINS POURING AROUND AND MAKING THAT NOISE, YOU'D GO WITH AN ELECTRONIC SYSTEM THAT WAS ALSO CAPABLE OF VOICE TRANSMISSION, EACH LOCATION WOULD BE SELF-SUFFICIENT IN TERMS OF IT'S ENERGY -IT WOULD BE SOLAR ORIVEN, SOMETHING LIKE THAT, ANO THERE'S A LOT OF DIFFERENCES IN HOW YOU WOULD APPROACH THAT, THERE'S ALSO A LOT OF DIFFERENCE IN COST. YOU'D BE SPENDING SOMEWHERE IN THE NEIGHBORHOOD OF $30,000 PER SITE. HABENICHT: BUT I 00 RECALL TOO THAT WE DID DISCUSS THIS AT STUDY SESSION THAT DIRECTOR OF SAFETY SERVICES AL STANLEY DID INDICATE THAT IF WE WERE GOING TO GO AHEAD WITH A SIREN WARNING SYSTEM THAT THIS WAS JUST ABOUT THE BEST POSSIBLE SYSTEM THAT WE COULD GO WITH. IS THAT ••. ? OLSEN: WELL, WE HAD -I WAS NOT INVOLVED WITH THIS, BUT PROPOSALS WAS SENT OUT ON A NEWER UPDATED VERSION -LIKE I THIIIC WHAT AURORA HAS NOW - AN ELECTRONIC SYSTEM, ANO I THINK IT RAN ABOUT $44-50,000 FOR WHATEVER THEY PROPOSED FOR THAT. IT'S TOTALLY DIFFERENT FRClfl THIS, AND 1 'D HAVE TO SAY THAT WOULD REALLY BE TH£ STATE OF THE ART. THESE ARE, I'M SURE, WOULD BE MORE THAN EFFECTIVE. THEY RUN AT 125 D£C1BELS APPARENTLY 100' AWAY, SO THESE THINGS ARE EXTREMELY LOUD, AND THAT'S ANOTHER REASON WHY I DON'T REALLY WANT TO PUT THEN BY A BUILDING, BECAUSE WHEN THEY START CRANKING OFF THEY'RE GOING TO DRIVE PEOPLE RIGHT UP THE WALL. SO THE SITES I'VE IDENTIFIED ARE SOMEWHAT ISOLATED · LIKE SERVICENTER, A PARK, OR SOMEWHERE WHERE IT'S NOT REALLY GOING TO IMPACT ANYBODY THAT CLOSE. BUT AS FAR AS THE STATE OF THE ART SYSTEM, I'M SURE IT Will BE ADEQUATE IF YOU PUT IN ON IN THERE, BUT IT IS NOT THE MOST STATE OF THE ART RIGHT NOW • HABENICHT: ANOTHER QUESTION, WHAT YOU YOU RECOMMEND IN THEIR PLACE? IF WE DID NOT HAVE THE SIRENS AS A WARNING SYSTEM, HOW WOULD YOU SUGGEST THAT WE ALERT OUR COMMUNITY TO STORM WARNINGS? OLSEN: WELL, THE RECOMMENDATION WAS THAT THERE WOULD BE ADEQUATE WARNING THROUGH RADIO AND TY, AND I KNOW A FEW PEOPLE INDICATED THAT MAYBE THEY WOULDN'T BE LISTENING OR WHATEVER AT THE TIME, IUT STUDIES HAVE ALSO SHOWN THAT AIR RAID SIRENS, ONCE THEY GO OFF, PEOPLE IE- CONE SO ACCUSTOMED TO THEM THAT THEY DON'T REALLY PAY THAT NUCH -3 . .. • • 0 - 1- • • • • • • ATTENTION TO THEM. WHEN WE DO OUR TESTING, THE ONES WE PRESENTLY HAVE, ONLY TWO OF THEM WORK, AND WE RARELY GET ANY COMPLAINTS FROM ANYBODY ABOUT WHY THEY'RE GOING OFF OR WHAT'S GOING ON, WHAT'S HAP- PENING, PEOPLE ESSENTIALLY IGNORE THEM FOR THE MOST PART. UNLESS THE WEATHER IS SO OMINOUS OR THREATENING THAT THEY ARE OUT THERE JUST WAITING FOR IT ANYWAY. BUT .... HABENICHT: WELL, ISN'T THAT THE PURPOSE OF THE TEST, THAT IT'S REGULAR ENOUGH THAT PEOPLE AREN'T ALARMED BY THE TEST, BUT WHEN IT'S NOT GOING OFF AT A TEST TIME THAT IT WOULD .. WELL .... OLSEN: WELL, THEORETICALLY THAT'S WHAT SHOULD HAPPEN, BUT STUDIES HAVE SHOWN THAT MOST PEOPLE JUST DON'T PAY THAT MUCH ATTENTION TO THEM AND DON'T KNOW WHY THEY'RE GOING OFF, AREN'T FAMILIAR WITH THE VARIOUS TONES AND SO FORTH THAT COULD BE GENERATED. WE'RE JUST RECOflllENDING THAT RADIO AND TV WOULD BE ADEQUATE AND .. WHAT HAP- PENS HERE IS THESE TORNADOES HIT SO RAPIDLY THAT YOU RARELY HAVE TIME TO GET THE SIRENS GOING OFF AND THAT IN MOST CASES THEY ARE GOING OFF AFTER THE STORM HAS ALREADY PASSED BUT THE TIME YOU GET EVERYTHING ACTIVATED, THEY KICK IN, IT'S ALMOST TOO LATE. BUT, LITERALLY, IF IT'S SOMETHING YOU WANT TO DO, OBVIOUSLY WE'RE READY TO GO WITH IT. IT'S A MAJOR .... CLAYTON: YOUR HONOR, AT THE COLORADO MUNICIPAL LEAGUE CONFERENCE THIS LAST MONTH IN COLORADO SPRINGS, I HAD OCCASION TO SPEAK AT LENGTH WITH THE MAYOR OF LIMON, AND HE ADVISED ME THAT THESE THINGS WERE THE MAIN REASON THAT THEY DION'T SUFFER ANY LOSS OF LIFE AND THERE WAS LESS PROPERTY DAMAGE IN LIMON. I'M NOT SURE THAT THAT'S AN ADE· QUATE REASON CAUSE LIMON HAD NEVER BEEN HIT BY A TORNADO EITHER, BUT IT SEEMS THAT THE TORNADO SORT OF MOVES ACROSS AND THEY HAD I THINK SOME CONSIDERABLE NOTICE · HALF AN HOUR OR FIFTEEN MINUTES NOTICE. THEY OTHER THING THEY DO THAT WE'VE NEVER DONE IN ENGLE· WOOD IS THEY FIR[ THERE SIRENS OFF EVERY DAY AT NOON, ANO HE SAYS THEY GET A LOT OF COMPLAINTS ABOUT THAT· PEOPLE HATE THOSE THINGS. THEY DON 'T HATE THEM QUITE AS MUCH NOW BECAUSE AS SOON AS THE SI- RENS WENT OFF THEY All WENT DOWN IN THEIR BASEMENTS. BUT J 'M NOT OLSEN: SURE ............................. TURN THAT SIREN OFF EVERY DAY AT NOON, AND I WONDER IF WE DON'T TURN IN ON EVERY DAY AT NOON IF PEO· PLE ARE GOING TO KNOW THAT THE SIRENS ARE SIGNALING AN ENER&ENCY OR, LIKE WE HEARD AT THE LAST TORNADO THAT EVERYONE RAN OUTSIDE All> LOOKED UP. GOING OUTSIDE TO LOOK UP AT A TORNADO IS NOT A GOOD SOLUTION, AND ON THE OTHER HAND HE WAS PRETTY INSISTENT, IN FACT HE SAYS THEY HAVE INSTALLED AN ADDITIONAL SIREN SINCE THE TORNADO. I GUESS I WOULD LIKE A l lTTLE MORE INFORMATION ABOUT THE NATURE Of STORMS IN THIS AREA IF IT SEEMS WE WOULD HAVE ENOUGH AD£QUATE WARN - ING, I THINK WE OUGHT TO PUT THEM UP . IF WE'RE NOT GOING TO HAVE ADEQUATE WARNING THEN IT DOESN 'T SEEM LIKE IT'S GOING TO DO NUCH GOOD TO HAVE, TO HAVE THE SIRENS. I THlflC IF WE DO THEM, WE CAN'T DO THEM WITHOUT SOME EDUCATIONAL PROGRAM TO ACCOMPANY IT, AND A REGULAR SCHEOULE OF TURNING THEM ON SO THAT EVERYONE KN011S WHAT THEY SOUND LIKE ANO KNOWS WHAT THEY ARE SUPPOSED TO DO lltEN THEY GO OFF. NAY BE JUST TO ADO SOME INFORMATION, WE, ABOUT TWO WEEKS AGO, HAD REPRESENTATIVES FROM THE NATIONAL WEATHER SERVICE HERE TO GIVE US WEATHER SPOTTING TRAINING, ABOUT 20 MEMIERS OF THE DIFFERENT STAFFS . 4 • •. I .. • • 0 , ]- 1- • • • • • • IN THE C ITV, AND IT WASN'T, YES, LIMON DID HAVE QUITE A BIT OF WARNING . THAT'S WHY THEY WERE EFFECTIVE FOR THEM, THEY WERE ABLE TO GET THE SIRENS GOING TEN, FIFTEEN MINUTES AFTER THE TORNADO TOUCHED DOWN CAUSE IT WAS ON THE GROUND MOVING TOWARDS THEM. THEY INDICATED HERE, THOUGH, IN THIS PART OF THE METRO AREA, THEY HIT DOWN SO FAST THAT YOU REALLY DON'T HAVE TOO MUCH IN THE WAY OF A WARNING. AND, WE GENERALLY HAVE TO WAIT FOR THE NATIONAL WEATHER SERVICE TO ISSUE THE TORNADO WARNING BEFORE WE GO AHEAD AND HIT THE BUTTON TO TURN THEM ON. AH, OF COURSE SOMEBODY COULD ALWAYS TAKE IT ON THEMSELVES TO TURN THEM ON, BUT YOU'RE TAKING A RISKY CHANCE. THAT IS THE DIFFERENCE BETWEEN LIMON AND US, THEY GENERALLY HAVE THE WARNING OUT THERE, WE DON'T HAVE MUCH WARNING HERE. AND AGAIN THAT'S THE OTHER THING THAT DIRECTOR STANLEY BROUGHT UP IS MOST PEOPLE WHEN THEY HEAR THOSE GO OFF, IF THEY'RE LOUD ENOUGH, THEY'LL JUST GO OUTSIDE AND START LOOKING UP AND NO DO WHAT THEY SHOULD DO WHICH IS TO GO DOWN IN THE BASEMENT OR WHEREVER AND TAKE COVER AT THAT POINT, SO --YOU KNOW, I DON'T KNOW, WE'LL HAVE TO SEE. WE'VE HAD SIRENS HERE FOR YEARS AND WHETHER THEY'VE BEEN EFFECTIVE OR NOT, WE'LL, IT 'S JUST REALLY HARD TO SAY. WIGGINS: THANK YOU. I UNDERSTAND WHERE THE FRITZS ARE COMING FROM CAUSE MY WIFE IS FROM MINNESOTA AND I KNOW EXACTLY WHAT THEY ARE TALKING ABOUT. MINNESOTA HAD THE WARNING. I ALSO KNOW WHAT MR. STANLEY, OR MR. OLSEN IS TALKING ABOUT CAUSE WHEN I WAS WITH THE STATE IT WAS PART OF OUR JOBS TO FORECAST MOVEMENT OF STORMS AS OFFICERS SAW THEM IN THE FIELD WHEN WE SAW THEM OUT THERE, ANO YES THEY COULD GIVE ENOUGH WARNING, AND YES, YOU ARE ABSOLUTELY CORRECT IN THE METROPOLITAN AREA THEY ARE ON US WITHOUT ANY WARNING AT ALL. All) THE ONLY, THE ONE QUESTION THAT I HAD IS ARE THESE RADIO ACTIVATED WHEN YOU DECIDE TO SEND A SIGNAL IT'S A RADIO ACTIVE SIGNAL? OLSEN: YES, RADIO ACTIVATED. WIGGINS: RIGHT. THAT 'S ALL I HAVE. HATHAWAY: YOUR HONOR, I THINK ONE OF THE INTERESTING THINGS ABOUT LAST WEDNESDAY'S STORM WAS THAT I HAD A 8 YEAR OLD SON IT HONE BY HIM - SELF. MY 8 YEAR OLD SON HAD RECEIVED TRAINING IN THE EMiLEWOOO SCHOOL SYSTEM ON WHAT TO DO IN A TORNADO. HE IMMEDIATELY WHEN HE SAW THE BLACK CLOUDS , AND I 'VE GOT TO GIVE HIM CREDIT FOR BEING A VERY ASTUTE 8 YEAR OLD CHILD -l"'EDIATELY UNPLUGGED EVERYTHING IN THE HOUSE AND WENT DOWNSTAIRS UNDERNEATH A TABLE IN THE BASENENT. All) I HAVE TO CREDIT HIM FOR KNOWING WHAT TO DO , All) I HAVE TO CREDIT THE ENG LEWOOD SCHOOL SYSTEM FOR LETTING HIM KNOW WHAT TO DO WHEN YOU SEE THO SE KINDS OF CLOUDS . I THIii( THAT'S THE Klfl> OF EDUCATION WARNING THAT WE NEED OTHER THAN SIRENS. HE GOES OUT All) PLAYS ON WEDNESDA YS WHEN THEY CHANGE , OR TEST THE AIR RAID SIRENS AND GOES "GE E, MOM , WHAT 'S THAT?" EVEN THOUGH HE 'S BEEN TOLD NUMEROUS TIMES WHAT THE Y'RE FOR. WH EN WE HAD THE TORNADO TWO YEARS AGO, HE DISREGARDED THE SIRENS JUST LIKE EVERYBODY ELSE UNTIL HE HAD THE KNOWLEDGE HE GOT FROM HIS SCHOOL CLASSES THAT SAID ·THIS IS WHAT YOU DO WHEN YOU SEE THOSE KINDS OF CLOUDS.• NOW, TRUE, THAT'S NOT SOMETHING THAT EVERYBODY UNDERSTANDS ANO REALIZES, BUT IF YOU CAN TEACH AND 8 YEAR OLD CHILD WHAT TO DO, I THIIIC THAT CAN BE DONE FOR A WHOLE COfttUNITY . AND I THINIC THAT IT'S DONE NORE BY EDUCA - TION THAN IT 'S DON E BY RADIO TYPE WARNING SIGNALS. -5 - I . • ]- • • • KOLTAY: OLSEN: KOLTAY: OLSEN: • . , . • '· YES, YOUR HONOR, I HAVE A COUPLE OF COMMENTS, BUT I DO HAVE ANOTHER QUESTION FOR MR. OLSEN. THE HAILSTORM THE OTHER DAY, YOU'RE SAYING THAT AT SOME POINT SOMEONE, MOST LIKELY YOURSELF, SOMEONE WOULD HAVE TO MAKE A DECISION TO SOUND THE SIRENS, CORRECT? WOULD YOU HAVE SOUNDED THEM? I, YES, I WOULD HAVE ACTIVATED WHAT WE HAVE, THE TWO. I WAS WAIT- ING TO HEAR OVER THE RADIO AND THE NATIONAL WEATHER ALERT HAD BEEN NOT ISSUED FOR TORNADO WARNING, WE WOULD HAVE SET THEN OFF. NOW THE POLICY MANUAL GENERALLY STATES A PATROL SERGEANT GENERALLY CAN BE THE ONE TO ISSUE THE ORDER TO DO CAUSE THEY ARE GENERALLY THERE 24 HOURS A DAY TO DO IT, BUT SURE I WOULD HAVE SET OFF THE ONES WE HAVE CAUSE WE HAD THEM AT THE TIME. YOUR HONOR, MY COMMENT WAS WHEN THIS ORIGINALLY CAME ABOUT I, ALSO AS A COUNCIL MEMBER, HAD A REAL DIFFICULT TIME TRYING TO EVALUATE IT. I THINK THE RATIONALE THAT OTHER COMMUNITIES HAVE DONE AWAY WITH THEM IS NOT REALLY A STRONG RATIONALE TODAY. I CAN TELL YOU I'VE BEEN IN THE GLASS BUSINESS ON TWO OCCASIONS DURING A TORNADO AND NOW A HAIL STORM. EVERYONE DID GO THE FRONT OF THE BUILDING TO WATCH THE HAIL AND AS SOON AS THE WINDOW EXPLODED, THEY ALL TOOK COVER. I THINK ONE OF THE ISSUES HERE IS THAT THE SIRENS DO SAVE LIVES AND I THINK IT CAN BE DEMONSTRATED THAT THEY CAN. THE OTHER SIDE OF IT IS I THINK WHEN ONE HAS TO MAKE A CHOICE LIKE MR. OLSEN DOES, DO YOU SOUND THE SIRENS OR NOT, YOU DON'T WANT TO CAUSE PANIC IN THE COMMUNITY. BUT AT THE SAME TIME THAT'S WHAT'S REQUIRED FOR THEM TO TAKE COVER. I THINK THE OTHER THING IS WHEN WE TALK ABOUT WHERE WE PUT THEM, WE DON' T, WE WANT TO PUT THEN SCltEWHERE WHERE THEY ARE LESS NOTICEABLE, WHERE THEY ARE UP ON A POLE THAT'S RE- QUIRED, HOWEVER, YOU KNOW, THAT'S REALLY NOT THE POINT OF THE SI- REN. THEY ARE TO BE NOTICEABLE ANO THEY ARE TO BE USED. MY QUES- TION TO THE WHOLE ORDINANCE THAT I' VE NEVER BEEN CLEAR ON -OR TO THIS RESOLUTION -THE DOLLAR AMOUNT TO INSTALL THEN AND IF FOUR IS THE ACTUALLY AMOUNT THAT WE NEED. I WOULD LIKE TO SEE IF THERE IS A RECOMMENDATION TO INSTALL SOME OF THESE -IF THEY ARE AS LOUD AS THEY ARE, DO WE REALLY NEED FOUR. BUT IN ANY EVENT AT THIS TIME I THINK I WOULD BE LEANING TOWARD SPONSORING OR WORKING WITH ALEX ON THIS RESOLUTION TO GET IT PASSED. I THINK THE WEATHER PATTERNS ARE CHANGING AND I THINK IT'S JUST TIME THAT WE DO THIS IN COMMUNITY WHILE EVERYONE ELSE IS DOING AWAY WITH IT. COULD I JUST SPEAK TO THAT? JUST AN ADDED CLARIFICATION. I WAS TALKING WITH DIRECTOR STANLEY TODAY ABOUT THAT AND WE SAID WHAT IF WE ONLY DO TWO OR WHATEVER, AH, MAYBE WE PUT ONE RIGHT HERE AT CITY HALL, YOU KNOW, IT'S FAIRLY CENTRAL. THEN THE QUESTION CAME DOWN TO, WELL, WHAT IF IT 'S NOT EFFECTIVE, WHAT IF PEOPLE OVER IN NORTH- EAST CAN NOT HEAR IT OR ALL THE WAY UP IN THE DISTRICT BY TEJON CAN'T HEAR IT. WE 'RE STUCK WITH THIS ONE RIGHT HERE WHICH IS TO- TALLY OUT OF PLACE, SO I GUESS, IF WE'RE GOING TO DO IT, I WOULD RECOMMEND THAT WE GO THE FULL ROUTE ANO GO WITH THE FOUR OF THEM, ANO ONLY GO WITH FOUR CAUSE I THINK WE'RE GOING TO NEED PARTS DOWN THE ROAD BECAUSE THESE ARE NOT MANUFACTURED ANYMORE SO, I, BUT IF WE'RE GOING TO DO IT GO ALL THE WAY OR JUST NOT DO IT AT ALL, I GUESS, IS MY RECOMMENDATION. VAN DYKE: ALEX, I'LL GIVE YOU A CHANCE FOR A CLOSING STATEMENT. -6 - . . . ' " I· • 0 - - • • • • • {. HABENICHT: I JUST WANTED TO, A FEW OF THE STATEMENTS THAT WERE MADE, I DON'T THINK THAT A REGULAR TESTING PROGRAM WOULD HAVE TO BE EVERY DAY. I THINK THAT PERHAPS THE REASON THAT EVERYBODY RUNS OUT AND LOOKS STILL IN COLORADO IS THAT A LOT, A LOT OF THE NATIVES AREN'T USED TO THIS WEATHER. AND IT'S BECOMING MORE AND MORE PREVALENT. I THINK PEOPLE WHO ARE FROM THE MIDWEST OR HAVE EXPERIENCED TORNADOES AND TORNADO COUNTRY, THEY DO REALIZE THAT THEY COME FAST AND ANY WARNING THAT YOU GET IS WARNING ENOUGH CAUSE YOU'RE PREPARED IN A SECOND TO DO THOSE PIECES. AND I WOULD LIKE TO SHARE TOO THAT I DO BELIEVE THAT NATIONALLY PEOPLE DO LOOK TO THESE SIRENS TO GIVE WEATHER WARNINGS. BRIEFLY, SHORTLY AFTER WE HAD OUR STUDY SESSION DISCUSSION ON THIS, I WAS WATCHING ONE OF THE NATIONAL NEWS PRO- GRAMS IN THE MORNING ANO THEY HAD A GENTLEMEN ON FROM THE NATIONAL WEATHER SERVICE WHO WAS TALKING ABOUT THE INCREASE INCIDENCE OF TORNADOES ACROSS THE COUNTRY, ESPECIALLY IN THE PLAINS. All) ONE OF THE STATEMENTS HE MADE ON NATIONAL TELEVISION WAS WHEN YOU HEAR THE TORNADO SIRENS YOU DO SUCH AND SUCH. I THINK IT'S RATHER A NATION- ALLY ACCEPTED PIECE THAT THERE ARE TORNADO SIRENS ARCMI> TO GIVE THOSE KINDS OF WARNINGS AND I THINK THAT WITH SCIIE EDUCATION IN TERMS OF THE KINDS OF THINGS MRS. FRITZ SUGGESTED WOULD DO THE TRICK. CALL FOR THE VOTE: SEVEN AYES. MOTION CARRIES. KOLTAY: YOUR HONOR, ONE CCNIENT I WOULD ALSO MAKE IS ENCOURAGE STAFF TO CONSIDER POSSIBLY SOME OF THE LIGHTING THAT WE ALREADY HAVE AROUfl) BELLEVIEW PARK, THE GOLF COURSE AREAS, THAT TYP£ OF LIGHTING NI> SEE IF THOSE STRUCTURES AREN'T THE STRUCTURE THAT WOULD SUPPORT SCIIETHING LIKE THIS? WE HAVE MANY OF THOSE STRUCTURES EXISTING THROUGHOUT THE CITY. CLAYTON: YOUR HONOR, I'M STILL HOPEFUL THAT WE WILL HAVE SONE EDUCATIONAL COMPONENT OF THIS AND NOT JUST PUT THESE THIICS UP All) HOPE THAT EVERYONE KNOWS WHAT'S GOING ON WHEN THEY &O OFF. VAN DYKE: I THINK WE CAN MAKE A RECCNIENDATION THAT WE FOLLOII WITH SONE DI- RECTION TO EDUCATE, TO GET THE SCHOOLS HELP ••• CLAYTON: OKAY • -7 • • I •. • • • • 1 32xl - • • • DEWITT: • • • • • <. AGENDA ITEM 14(A), (B) & (C) -JULY 16, 1990 MAYOR, WE DO HAVE AN ORDER IN THE HAIDON VS. CITY OF ENGLEWOOD MATTER. THE CASE WAS DISMISSED BY THE FEDERAL DISTRICT COURT AND THE MATTER AT THE PRESENT TIME IS CLOSED. THE NEXT MATTER IS -ON 14(8), DO YOU HAVE 14 (B) ATTACHED? COMMENTS BY SEVERAL THAT THERE WAS NO ATTACHMENT. DEWITT PASSED OUT COPIES OF THE DECISION. IN THIS PARTICULAR CASE THE MARTIN MANUFACTURING MAY APPEAL THE DECISION. IF THEY DO APPEAL THE DECISION THEY AT LEAST HAVE TO POST A BOND TO COVER THE AMOUNT OF TAXES IN QUESTION, AND I'LL KEEP YOU ADVISED IF THIS PARTICULAR MATTER DOES PROCEED. IF THERE ARE ANY CHANGES IN IT, OR IF THERE IS AN APPEAL, I'll LET YOU KNOW. ON THE ISSUE OF PROCLAMATION, DOES COUNCIL WANT A RESOLUTION RELATING TO COUNCIL POLICY ON PAST DUE PROCLAMATIONS? WE GOT THIS IN LAST WEEK AND I WAS SURPRISED TO SEE IT. HOW DO YOU WANT TO HANDLE THAT? DO YOU WANT TO PUT IT IN WRITTEN FORMAT THAT THAT THEY JUST DON'T COME UP? HABENICHT: YOUR HONOR, ON THIS I KNOW THAT WE'VE DISCUSSED THIS IN THE PAST AND MADE, RITA HAD BROUGHT IT UP AND I CERTAINLY AGREE, WE NEED TO TRY TO MAKE SURE THAT THESE ARE INTRODUCED IN A TIMELY FASHION ANO DO EVERYTHING THAT WE CAN AND I THINK THAT WE'VE BEEN DOING THAT. I THINK THAT VERY FEW AND FAR BETWEEN HAVE BEEN DONE AFTER THE FACT, AND I THINK THAT CITY MANAGER FRASER COMMENTS ARE WELL TAKEN THAT SOME OF THESE GROUPS REALLY HAVE VERY LITTLE CONTROL OVER HOW QUICKLY THESE THINGS DO COME TO US. I THINK AS LONG AS WE WORK Afl) STRIVE TO INTROOUCE THEM AND BRING THEM TO COUNCIL IN A TIMELY FASHION, WE SHOULD DO SO. BUT THERE MAY WELL BE ONE THAT COMES LATE, ANO TO HAVE A POLICY THAT PREVENTS US FROM DOING THAT, YOU KNOW, SOMETIMES I THINK TOO MANY RULES ARE CUMBERSOME All> STAii> IN THE WAY OF GETTING THINGS DONE. DEWITT: SOMETHING ELSE TO THINK ABOUT ON THIS PARTICULAR TOPIC, IS WE COULD ALWAYS DECLARE THE NEXT WEEK AS THE WEEK IN ENGLEWOOD. HATHAWAY: YOU BET, BUT WOULD THAT DILUTE THE EFFECT OF WHAT THEY ARE TRYING TO ACHIEVE ANYWAY. I THINK THEY NEED TO BE EVALUATED ON A CASE BY CASE BASIS AND I THINK SOMETHING THAT'S A YEARLY THING, WE NEED TO SEND OUT A LETTER -PLEASE GET IT IN A LITTLE EARLIER. I DON'T THINK IT NEEDS TO BE FORMALIZED . FRASER: WITHOUT BELABORING THIS, MAYOR, I THINK THAT EVEN NOW WE DON'T PUT ON EVERYTHING WE GET. THERE 'S SOME REVIEW DONE Of THE THINGS THAT COME THROUGH ANO THERE'S A DETERMINATION NADE Of WHETHER OR NOT YOU OUGHT TO CONS IDER IT . SO I THINK THAT THERE'S WAYS Of DEALING WITH THAT IN A FLEXIBLE MANNER -CASE BY CASE BASIS AS SUGGESTED. • 14 • .. • • \ ~ • ' . I - .t • , ' ' , I .., I Agenda Originating Item Department SA FINANCE 6A CMGR 7A CHGR 12Bi CMGR SA CMGR 9A CATTY 98 CATTY 9C CATTY 90 UTIL • • .... • * • c1n CCIUIICIL MED STATUS ll9GIT FOi THE JULY 11. lffO c1n CCIUIICIL l&TI. Description Action Taken Follow-up COUNCIL MINUTES -7/2/tJO APPROVED 7-0 COPIES TO BE DJSTRI111T£D (HATHAWAY) RESOl62 REAPPOINTING BIRDSALL APPROVED 7-0 CERTIFICATE Of APPOJITNEJIT I TO EDDA (HATHAWAY) LOGO PIN TO BE NAILED A) KEN HARALDSEN, VARIOUS TOPICS B) SHARON/ALLAN FRITZ RE WARNING SIRENS AGENDA ITEM 12Bi BROUGHT FORWARD APPROVED 7-0 (HABENICHT) RESOl63 AUTHORIZING SIREN APPROVED 7-0 INSTALLATION Of FOUR SIRENS INSTALLATION (HABENICHT) ASAP AGENT ORANGE SCREENING APPROVED 7-0 STAFF TO ATIEMPT TO HAVE AWARENESS WEEK PROCLAMATION DE TIMELY SUIIIJTIAL Of (KOLTAY) PROCLMATIONS. ORDl33 (CBl29.1) BALLOT QUESTION ) PUBLISHED 7/5/90; TO BE ON FOR CHARTER AMENDMENT RE: AGE l ) 11/5/91 BALLOT RESIDENCY REQUIREMENTS FOR COUNCIL ) ) ORDl34 (CBl33) APPROVING WARRANTY ) CATIY TO SECURE SICillATURES DEED CONVEYING CERTAIN CITY DITCH ) I PROCEED 111TH CCIIVEY-E; R-0-W TO ST.BO.OF LAIi) Cotll. )APPROVED 7-0 PUBLISHED 7/5/90 ) OROl35 (CBl35) APPROVING QUIT CLAIM ) CAffi TO SECURE S1Ci11ATUR£S DEED FOR REAL PROPERTY AT 2829 S. ) I PROCEED 111TH CCIIVEY•E; SANTA FE DR.(MOLITAR) ) PUBLISHED 7/5/90 ) OROl36 (CBl37) AMENDMENTS TO AGREE-) UTIL TO SECURE S1CMTUR£S -1 -I I. • • m I ~ , . • I ' I ~ ~ =' • • I / I'll I .; ' I I . • 90 (CONTINUED) MENTS BETWEEN COE/ARAP.CTY.CCIII./ WASTE NMAGENENT (I.Afl)FJLL) llA lZAi lZAi i lZBi lZBii lZBiii lZBiv 14 CATTY CMGR CMGR CMGR CMGR CMGR CATTY (CLAYTON 'l>VED CONSENT AGED JTENS) RESOl64 -ALLOWING COE TO QUIET TITLE A PORTION OF ST. LOUIS PLAYGROUII> (HATHAWAY) APPDED 7-0 VAN DYKE EXPLAINED NEW AGED STRUCTURE VAN DYKE 'l>VED $500 CONTRIBUTION TO HAPPY DAYS CELEBRATION 'l>VEO FORWARD -SEE PAGE 1 CLAYTON DISCUSSED BUDGET PRESENTATION AS IT RELATES TO CAID I COURT SYSTDI APPDEO 7-0 HABENICHT: 1) OXFORD STRIPING, BICYCLE PATH; Z) LIBRARY BOARD BUDGET CCIICEMS; 3) DIPLOYEE PICNIC; 4) REQUESTED REPORTS ON ECONONIC DEVELOPMENT PLANS WIGGINS: 1) RAFT TRIP; Z) REQUESTED REPORT ON NIO-NNIAGENENT COSTS FOR BUDGET PURPOSES TRANSMITTED WITHOUT ACTION COURT DECISIONS: A) HAIDON VS COE; B) COE VS MARTIN MANUFACTURING PRESENT: All MEMBERS ADJOURNED: 8:44 P.N. -z - • • "· • • • PDJD( CITY cu• IUTN COPY; PUil i SIU 7 /5/f/O 0 CAID TO SECU1£ SJ-TUl(S Ml) PnEm IIJTN •ca••. ETC.; COPY TO CITY cu• FUNDS FIIIII AID TO OTN(I A&EICIES ACCOIIIT All DDMlllOITS ' llmTS Ml: Tlf'"• P1£SOTm PIJOI TO OI AT 11ml IETIEAT • ... , .. --• • - • • 1. 2. 3. • • I• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 16, 1990 7:30 P.M. Call to order. 7,-J(p /'· 7n . Invocation. ~ W...e ~ Pledge of Allegiance. j/'(t,,lc, ¥ 4. Roll call. 5. Minut••· ~ 1,0 (a) Minute• of the regular ... ung of July 2, 199( ~ Pre-Scheduled Vi•itor•. (Pl•••• liait your pre•entation to ten ainute•. ) ~ (,0 Greg Bird•all~~~n~:ndance to receive hb official reappoint.ant to the Englewood Downtown Developaent Authority. 7. llon-Scheduled Vi•itor•. (Pl•••• liait your preaentation to five ainutH.)~~.&~-'AlfM•••",,.,~ . -'-"'}4¥11"'7 '.l~·--/4'&«.~~ ~~~..,.-~ I~ l~nication• and Procl ... tion•. (a) A procl ... tion declaring the W98k of July I -14, lttO ~1,0 H .... t Grage krNDi .. JIIIU'e-H ... ll. (JIN6~ t. Conaent A9enda • a/-;,, 0 (~} • Approve on Second .. ading (a) (b) An ordinance •uba1ttin9 to a vote of the qualified electon of the Citr of ln9lewood at the next •cheduled regular aunicipal e action propoaed ... nc111ant to tbe Cbarter of the City of Inglewood relatin9 to ave and reaidency requir ... nt• of aaaber• of tbe City Council. An ordinance approvin9 a warranty deed conveyin9 certain ri9ht-of-way for the City Ditch to tbe ltate of Colorado, ltate Board of Land Caaai••ioner•. . . , . ' ' I • • I - ]- • • • • • t• . • ' EIIILEIIOCID c1n CGUIICIL EIIILEWOCIO, ARAPAHO£ CCUITY, COLOUDO Regular session ,July 2, lttO 1. Call to Order The regular aeeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:30 p.a. 2. Invocation The invocation was given by Council Mellber Wiggins. 3. Pled,e of Alle,iance The Pledge of Allegiance was led by Mayor Van Dyke. 4. loll Call Present: Absent: A quorua was present . Also present: 5. llinutes Council Nellbers Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None City Nanater Fraser Assistant City Attorney Grt .. City Clerk Crow Director FOftda, utilities Departaeftt P• ,-,,.r, EcOMaic DevelOlllll"t Coordtutor " - 5 •• (a) COUIICIL IIEIIIO MWY MftD, -n 1111 SKtmED, TO a,paft TIE IIIIIIT£S Of TNE 1£•1U11 M:(Tl• Of .W 11, ltlO. Ayes: Council .._..rs loltay, Hatha,ay, Wt91ia1, lulloclr., CllytOft, Habefttdlt, Vaa Dyu Nays: None Notion carried . 6 . IIMt'al Dtscussion (a) Mayor's Choice •~,~~-----. . • ' I . • • - I ' • • 1. Call to order. • . ,._ • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JULY 16, 1990 7:30 P.M. 7·3tp /'· 7n . 2. Invocation. ~ W..c ~ 3. Pledge of Allegiance. J/'l,tlt. ~ , • Roll call. 5. Minutea. - ~ 1-0 C•I Ninotao of the "9Ular -u .. of JUly 2, u,,( ~ ,. Pre-Scheduled Viaitora. (Pl•••• l.lait your preaentation to ten ainut••. ) .J.. ('l) Greg Birdaall~~,:n,=ndance to receive hia official reappointaent to the Englewood Downtown Developaent Authority. 7. llon-Scbeduled Viaitora. (Pl•••• l.lait your preaentation to f iY• ainut••. >~~U-4'1V -Jl'lli't,u:1, •; ..,,...,_ . 1!.1/',}IWII>() J.)tllCw,,,.,/fU~ ~~ ""'~ N,/4~~ 11' :~nication• and Procl ... tiou. (a) A proclaaation declarin9 the week of July I -1,, 1990 a.,pJ-1,0 •• .... t Or .... 8cnnlag ...._. •... 11. (1':*t6~ t. Cooaont ... ..,. ·~-O (a,+) • Approve on Second .. ading (a) (bl An ordinance •ubaitt1n9 to a wot.e of the qualified electon of the Citr of Bn9lewood at the next acheduled regular aunicipal • ectioo prapoaed wndllent to the Charter of the City of Bn9lella0d nlat1n9 to a99 and reaidency requir ... nta of aaabera of the City Council. An ordinance approving a warranty deed conveyin9 certain right-of-way for the City Ditch to the State of COiorado, ltate loard of Land COllll.iaaionen. , I ' I • • 0 - • • ~~ • • t• . • ' - City Council Agenda July 16, 1990 Page 2 V (c) An ordinance approving quit claim deed for a portion of the real property west of 2829 South Santa Fe Drive. (d) An ordinance consolidating the amendments to agreements between the City of Inglewood, the Board of Arapahoe County COlllli.ssioners, and Waste Management of Colorado, Inc. 10. Public Bearing. 12. Ordinances, Resolutions, and Motions. (a) A resolution allowing the City of Englewood to quiet title to a portion of th• St. Louis playground. 8TArr IIOUllCl:1 tick DelfiU, City &ttoney. (~) v General DiBcuHion. {I) ._ ~ (a) Mayor•• Choice. ( i/) ~.h,.;. iilv '7'> ~JI" ,tf}.y~~ ~7-() (b) Council Nellber'• Choice. · (i) A resolution r9CJarding the installation of ... rgency warning siren• and authorising the transfer of funds. 8pollsond by Colaac:11 IIBllber (·'J~1~au· . U. City Naaager•s .. port. (' )l . ·~,-.U#I~~ (,~l:)~-Aj,,,~~· J~~,lflll#ldvw) ~ IV W. --Pj~ M,1/fiJ-fMltJ)ll ..... u. City Attorney'• .. port. ~ 'hMI. (a) Baldon vs. City of Inglewood. ~~~/~ (b) Ci~y of Inglewood vs. Martin Manufacturing~ (c) ~14,,;_., ,u ~J,;., . /MU. ~ ~...ouJ """u. Lu ~ Adjounmant O ~ ~ k4iC-/ I : t/-,/ />· 7n . . • Tbe following llinut•• ware transllitted to council the 1Meka of June 2t -July 12, ltto. ln9lewood Downtown Dnelos-nt Authority .... unv of June U, lttO. Inglewood Bousin9 Authority .... tinv of Nay JO, ltto. Board of Adjust.aent, Appeal• .... tinv of June ll, ltto. ln9lewood PUblic Library Board .... tiDCJ of June 12, lttO • ' I . • - • • • • • t• • ' <, EN&LEIIOOD c1n COUIICIL EN&LEIIOOD, ARAPAHOE COIIITY, COLOUDO Rqular Session .July 2, lHO l. Call to Order The regular aeetlng of the Englewood City Council was called to order by Mayor Vin Dyke 1t 7:30 p.•. Z. Invocation The Invocation was given by Council Mellber Wiggins. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. loll Call Present: Council .....,.rs Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: A quor1111 was present. Also present: 5. 111nutes None City Mlnater Fraser Assistant City Attorney Grl .. City Clerk Crw Director FCNMla, utilit1es Dlplrtlllllt P• Pepper, Ec ... 1c Dlffl....-t Coord1Ntor (1) COUIICIL IIEIIIEI NATNMIAY Mftl, -n IMS SBII.ID, TO UPllft 1IIE IIIIIITU Of TNE UIUUI IIEETI• Of ME II, lllO. ~es: Council .._..rs Koltay, HaU....,, 1111 .. 1111, Bullock, Clayton, Habenicht, Vu Dyke Nays: None NotiOII carried . 6 . ......11 D1ICUIS10ft (a) Mayor's Choice "' - • . " 5 A1 I . • , • • • Englewood City Council Minutes July 2, 1990 -Page 2 • • (1) Mayor Van Dyke announced she would be presenting a resolution for Council's consideration after making a statement pertaining to City Man- ager Fraser's relocation to Englewood. Mayor Van Dyke's statement proposed additional financial assistance to help facilitate Mr. Fraser's relocation to the City. She exphined the necessity of this assistance based on Mr. Fraser's proposed loss on the sale of his hOllt in Aurora, i.e., $10,000 for closing costs on the Aurora hOllt, $11,000 down payaent on a new residence tn Englewood, and approxi•ately $4,000 for aoving expenses. She stated that the question before Council ts a sll1ple one: does Council wish to provide addi- tional financial assistance above and beyond the tenas of the original eaploy- inent agreeaent or does Council wish to re111in fina on the tenas of the con- tract originally agreed upon? Mayor Van Dyke cited several instances of relocation assistance given to various ctty aanagers in the aetro area; she also provided tnforaation on the relocation requests of the other candidates for Englewood's city aanager posi- tion at the tiae Mr. Fraser was selected. Based on this information, Mayor Van Dyke was of the optnton that the City of Englewood had gotten a bargain when this Council hired Mr. Fraser. She expressed the opinion that Mr. Fraser has been a good city aanager and that he wishes to continue tn that role; however, if under the ctrcuastances Englewood were to lose Mr. Fraser for whatever reason, Mayor Van Dyke expressed concern over the cost iaplicattons of searching for and htrtng a new city aanager. She stated that Mr. Fraser ts 1skt119 Council to consider his hardship related to his aove, which ts esti- aated to be in excess of $20,000, and ts requesti119 assistance for an equity aove into the City. Mayor Van Dyke stated she personally cannot support picking up the entire 1110unt though she fee 1 s it appropriate for the City to sp 11 t the d t fference and she proposed the City offer the sua of not aore than $10,000 to be pro- vided as an addendum to the current 111Ploya1t1t contract. She requested the City Clerk to assign a nllllber to the resolution and read it in its tt1tirety. RESOLUTION NO. S4, SERIES OF 1990 A RESOLUTION REGAADING TH£ COSTS Of RELOCATING THE CITY MANAGER'S RESIDENCE WITHIN THE CITY Of ENGLEWOOD. WH£R£AS, ROGER FRASER HAS SERVED AS THE CITY ~R Of ENGLEWOOD SINCE JAIIIARY 1119 IN A BT SATISFACTORY MIIIER, All> WHEIEAS, IN COMPLIANCE WITH THE ENPt.OYEE AGREENENT, ... FRASER IS SCHEDUUD TO TAKE POSSESSION Of A HONE IN ENGLEWOOD WITHIN THE PRESCRIBED TINE UNITS Of 11 aTHS FD THE DATE Of HIS INITIAL OIPlOYNENT WITH THE CITY, All> WHEIEAS, IT IS REASONAILE All> CUSTOMIY FOR PUlllC All> PIUVATE DIPl.OYEltS TO PROVIDE SUISTMTIAL FIIWICIAL ASSISTMCE TO OFFSET THE RELOCATION COSTS Of THEIR £1£CUTIV£S, All> I . • , I • • • Enflewood City Council Minutes Ju y 2, 1990 -Page 3 • 0 I • • ..... WHEREAS, THE ENGLEWOOD CHARTER REQUIREMENT OF CITY MANAGER RESIDENCY, WHEN COMBINED WITH THE DEPRESSED REAL ESTATE MARKET, PLACES UNDUE AND INEQUITABLE FINANCIAL DEMANDS UPON MR. FRASER. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO THAT PURSUANT TD THE EMPLOYMENT AGREEMENT BETWEEN THE CITY AND MR. FRASER, ADDITIONAL RELOCATION EXPENSES IN AN AMOUNT NOT TO EXCEED $10,000 SHALL BE AUTHORIZED TO BE PAID TO ASSIST MR. FRASER IN HIS RELOCATION TO ENGLEWOOD. IIAYOR YAN DYKE NOYED, All> IT IIAS SECONDED, TO APPllOYE IESOLUTICII NO. 14, SOIES OF 1190. Mayor Van Dyke opened the aatter for discussion. Council Netaber Habenicht c01111ented favorably upon Mr. Fraser's perforaance as City Manager; however, she does not feel supportive of the resolution as pres- ented. She stated the contract was aade tn good faith on the part of Counctl and Mr. Fraser. She expressed concern over Council's loss of crtdibtltty and public trust in this aatter, stating she believes it 1s iaportant to stand behind the contract. Council Netaber Hathaway offered c01111ents concerning Mr. Fraser's tnforaal evaluation in March of 1990, stating it is taportant at this point to deter- •ine Council's support of Mr. Fraser as Englewood's Ctty Manager. She stated that tn her opinion the btggest concern of Council and lllllbers of the c-t- ty ts the fact that Mr. Fraser has not aoved tnto the Ctty. She stated tt ts necessary to get beyond the houstng issue tn order to address other issues whtch are taportant to the Ctty. Council .....,.r .. lloclt suggested that Council should be constdertng tts duty to the ctttzens to uphold the Charter, that Counctl needs to look at the caa- .. ntty envtro.-nt and what the coauntty wants, and attention should be gtYN to the legal aspect of the sttuatton. He fHh the ctttzens are opposed to any addtttonal reauneratton. He also fHls the contract was freely and vol1111- tarily negotiated with no unpercetved conttngenctes. Mr ... 11ock expressed support of Mr. Fraser's performance. Council Netaber Clayton stated tt ts necessary for Englewood to have a ctty unager who ts willing to aove forward, aake changes, and to tnstst on tnnova- tton, efftctency and econOll,Y. He fHls Mr. Fraser fulfills those requtre- Mnts, and he cOllllended Mr. Fraser for hts accoapltshMtlts stnce bet, htrtd. He stated that Mr. Fraser has dont exactly wllat Counctl requested of ta, as- slllbltng a Mnageaent staff who ts willing to work hard for the ctttzens of Englewod. He fHh Council was elected to ukt hard chotces and dectstons that do not always coaply wtth wllat everyone wa11ts; to IIOt provtde Mr. Fraser sOIII addtttonal ftnanctal assistance would cost E119lewood constderable IIOfttY and would cause a treaendous disruption tn tts goverMltlt. In suaary, Nr. Clayton stated he would vote on thts issue to ensure that E1191ewood's •future ts as brtght as tts past.• I . • I • • • Englewood City Council Minutes July 2, 1990 -Page 4 '· • • l • • Council Member Wiggins expressed concern over specific wording of the Resolu- tion, specifically •relocation costs.• He stated that the contract as written specifies that Mr. Fraser will receive •IIOving costs• plus SOI or $4,000 whichever is the less for reillburseaent of other expenses. He is in favor of sticking with the contract, which he feels was well-written. Council Metlber Koltay c0111ented that when the contract was written, he and Mr. Fraser atteapted to aake the contract clear and concise; however, upon reflec- tion he realizes the contract was not clear and concise. Even though he does not think Mr. Fraser's perforaance will change by his becoaing a resident of the City, he does think his presence in Englewood will be accepted by the coa- 11Unity. He too feels that Mr. Fraser is carrying out what Council asked of hia. In his opinion, it ts not reasonable to put off helping Mr. Fraser and his faatly in the relocation, stating it is not beneficial to the City or to Mr. Fraser to have this aatter unsettled. He wishes to see the aatter re- solved in order for attention to be directed to other city aatters. He sug- gested that the rules be suspended to peratt the citizens present to speak to this subject. There was brief dtscusston about the 1110unt of $10,000 proposed in the Resolu- t ton, and Mayor Van Dyke explained that she was proposing an 1110unt not to exceed $10,000 or up to one-half of Mr. Fraser's relocation expenses. The Resolution proposes this coapensatton in addition to the $4,000 as aentioned tn Section 10 of the contract. Council Metlber Habenicht requested that the Resolution be reworded to reflect what Mayor Van Dyke intends, rather than what tt says. COUNCIL IIEIIIO KOLTAY IIDIED, am IT IIAS SECaED, TO sus,m TIE IULES TO PD- NIT CITIZENS TO SPEAlt TO THIS ISSUE. Ayes: Council Nellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habelttcllt, Van Dyke Nays: None Motton carried. The following citizens presented their views: Noraa llttr, 4870 South Cherokee Street, expressed concern about the legal con- sequence of changing the contract; she s .... rtzed her concerns by stating she ts not in favor of Mr. Fraser receiving lddttt011al funds, ctttng the proposed cuts in pol ice and fire, the low •rale, Md she qNsttOMd where the funds would coae froa for the proposed $10,000. 1111 Schaffer, 4438 South Elati Street, stated he feels contracts are lllde to hold the parties involved to the atreeaent for the duration of the contract . He expressed favor in holding to the contract. bndy P1ctre11, 4357 South Galapat0 Street, expressed strong opposition to additional coapensatton tn any fora. Dtane ftlCIINdl, 4640 South Knox Court, stated she was appalled tllat Council was considering giving Mr. Fraser extra IIOftey, in ltgllt of the 51 budget cuts for IHI, ,, _ •· • , ]- • • • Englewood City Council Minutes July 2, 1990 -Pages • • • 811 Eggleston asked why Council had •waited until 13 days before the contract ts up to do anything about hi• .ovtng into Englewood like the contract calls for.• He supported those people who feel Mr. Fraser should ltve up to his contract. leorge H. Allen, representing Citizens for Responsible Governaent, stated the contract was well-written; that he hid not heard anything presented which in- dicates the situation has changed, so Mr. Fraser should be held to the contract. Ken Waechter, 3127 West Tufts Avenue, strongly opposed giving Mr. Fraser extra funds over and above hts contract.. He cited HIIIIPlH of how he fHls Mr. Fraser has aislead Council and he does not f"l Mr. Fraser has aide a con- scious atteapt to .ave into the ctty to aeet the ten1S of his contract. If the contract cannot be honored, then the consequences will have to be suf- fered, even if that .. ans looking for a new city aanager. Connie Davtet, 3021 South Delaware Street, presented a different vtew stating she was concerned about what ts going on tn the coaunity and the .. thods which were used to get a lot of people to attend this aHttng. She stated she had hken tiae to call and discuss the aatter with Mr. Fraser and she fHls his rationale and the things he has to say aake a lot of sense. She clarified that she ts not endorsing gtvtng ht• all he has asked for, but she ts endors- ing actions that would be good for the c01111Untty. Mith regard to the proposed budget cuts which will affect services, she stressed the taportance of bring- ing the aatter to the citizens for a •clear aandate.• letty leena, 4801 South Kalaaath Street, concurred tn Ms. Davtet's c011111nts. She cOlllllnted that City Council needs to keep tn atnd that they represent all of the ctttzens, not just special interest groups. She expressed concern about the cost tapltcattons of a search for a new ctty aanager and she fHls tf negotiations at this level would alleviate a search the IIDlleY .ould be well spent. Additionally she fHls a decision should be aade now and that the aat- ter can then be put behind us, as there are a lot of other tlltngs going on in the Ctty which need to be dealt with. She , .. 1s Mr. Fraser Ills doM III excel- lent job, and has found ht• to be professi0111l and c111petent in his perfor- aance. She stressed that •we need to •al with the c011tract tllat exists, aake tt as equitable as possible, fatr to the city, fair to the citizens, and fair to Mr. Fraser.• There were no other ctttzens who wished to address CCMIM11 concerning this aatter. CIUIICIL .... NATNMIAY IIDVED, -IT 1111 --. Tl ll1Ual Tl 1111 ... M --· Ayes: Nays: Motton carried. Counc11 Mlllbers Koltay, Hathaway, Mi19i111, .. llock, Clayton, Habenicllt, Van Dyke None Mayor Van Dyke offered an wlldlllnt to bsolut1111 No. 54 to dlange the ftaal paragrapll to read: • ' I . • I • • • "' . • 0 I • • Englewood C1ty Council Minutes July 2, 1990 -Page 6 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN&LEIIOOO, COLORADO THAT: PURSUANT TO THE ENPLOYJIIENT AIREEIEIT BETWEEN THE CITY All> M. FRASER, ADDITIONAL RELOCATION EXPENSES IN All AIIOllff NOT TO EXCEED ONE HALF OF HIS TOTAL RELOCATION EXPENSES OI $10,000 IIIICHEVER IS LEAST, AS AN ADOENDUN IN ADDITION TO THE IIOVIN& EXPENSES NOif IN THE TERIIS OF THE Oll&INAL CONTRACT.• Discussion ensued. Council Nellber Hathaway, who had seconded the original motion, stated she could support the aaendllent with one exception. She sup- ports a su• total provision of Sl0,000 in Section 10 of the contract which would include the $4,000 realtors' fees or difference and $6,000 for aoving expenses. Various questions were posed; alternative wording was suggested. COUNCIL RENIER HATHAWAY IIOVED, All> IT WAS SECONDED, TO RECESS All> RECONVENE IN TEN NIIIJTES. Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None The meeting reconvened at 8:50 p.a. Present: Absent: Council Netllbers Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Council Metlber Koltay (Note: Council Mellber Koltay returned to the ... ting at 8:51 p.a. and was present for all discussion.) Mayor Van Dyke withdrew her previous aaendllent to the Resolution. COIIICIL IIEMER NATHAMAY IIOVED, • IT IIAS SUCIIIDED, TO ..., RUOWJJ• •• M TO CNAll&E THE FINAL PAUIIAPH TO HM: NOii. THER£FOI£, IE IT USOlVED IY THE CITY COUNCIL OF THE CITY OF ENILEWOOD, COLOUDO THAT: IN ADOITI• TO S[CTI• 10 OF THE EIIPLOYIIEIIJ MUEIIDIT 1mED1 THE CITY _, CITY IWIAIER IOID FUSO, THE CITY Ml££S TO PAY ID.OCATl•J IIOVIN& EXPENSES IN .. AIIOllff NOT TO ocm ---F OF THE mAL •1• EXPENSES (INCLUDI• $4,000 ALIUDY SPUIFIED IN SEcn• 10) OI $10,000 IIIICNOtl IS LEAST. NO OTHER TEMS OF THE CClffUCT -IIFECJED OI CHM8ED BY THIS acn•. Council Meaber Habenicht requested clarlftcatton about how thts would affect Section 10 of the contra ct . Council Mellber Hathawa, explained thts would not affect Section 10 of the contract; but that tt adds another provtston to Sec - tion 10 to reflect the absolute sia total aaxt .. lllllether tt ends up bttng half of the total relocatlon or whatever, that absolute s• total btt119 $10,000 or less . • ... I· • • I , • - -- I • • • Englewood City Council Minutes July 2, 1990 -Page 7 • • I • • ,. - Assistant City Attorney Gr1 ... stressed that the agreeaent itself is not being changed; what Resolution No. 54 purports to do if the aaendllent is approved is to give an added 1110unt of the total aoving expenses not to exceed $10,000 or one-half whichever is least. Council Mellber Hathaway stated once again that the aax1 ... payable wtth thts aandllent under Section 10 of the contract, tncludtng the $4,000, is $10,000. Vote results on the aaendllent to Resolution No. 54: Ayes: Council Mellbers Koltay, Hathaway, Clayton, Van Dyke Nays: Council Mellbers Wiggins, Habenicht Abstain: Council Mellber Bullock Notion carried. Discussion ensued about the abstention of Council Ntllber Bullock; it WIS deterained that the abstention was tnappraprtate. Mr. Bullock changed his vote to •Nay.• Allended vote results on the 1atndllent to Resolution No. 54: Ayes: Council Nellbers Koltay, Hathaway, Clayton, Van Dyke Nays: Council Mellbers Wiggins, Bullock, Habenicht Notion carried. Before voting on the approval of Resolution No. 54 as aaended, Council Neaber Habenicht stated that after listening to the coaents lllde by the citizens she believes there is an overwllelaing support of her position to abide by the contract. Council Mellber Bullock urged, •.-atever the outc-is of the utter, that 1t be put behind us and that we aove forward as a c_,ntty. • Council Nellber Koltay asked tf all lllbiguity had been cleared and that Coun- ctl 's interpretation of the contract is for a aaxtaua of $10,000 total aoving expenses, relocation costs, etc •• and that the City has no obltgatton to pay any aaount over $10,000 for aovtng related expenses. Council Nellber Hathaway stated this was her understanding; no one else coaented or questioned Nr. Koltay•s interpretation. Mayor Van Dyke called for the vote; results: Ayes: Council Nellbers Koltay, Hathaway, Clayton, Van Dyke Nays: Council Nellbers Wt19t111, Bullock, Habenicht Resolution No. 54, as aaended, is approved. (b) Council Mellber's Choice (1) An appotntaent to the Planning and Zoning Coatsston WIS c•- stdered. The resolutton was assigned I IIUllber and read by tttle: R£S0l.UTION m. 55, SERIES Of IIIO A R£S0l.UTICII APPOJNTINli JE•IFER CROlllt TO Fill A POSITION CII THE PUlalNli All> ZCIIUli COIIUSSICII FOR THE CITY Of ENlilEIIOOO . •. I . • • ll - • • • Englewood City Council N1nutes July 2, 1990 -Page 8 • • • COUNCIL NENBER HATHAWAY NOVED, AND IT WAS SECONDED TO APPROVE RESOLUTION NO. 55, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Ms. Cronk's appointment 1s effective 1aed1ately and shall expire February 1, 1991. (11) An appointment to the Planning and Zoning C011111ss1on was con- sidered. The resolution was assigned a nUlllber and read by title: RESOLUTION NO. 56, SERIES OF 1990 A RESOLUTION APPOINTING DARRYL lXIIIER TO FILL A POSITION ON THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COUNCIL IIDIIER HATHAWAY NOVED, MD IT IIAS SECONDED, TO APPllOVE IESOI.UTIC* llt. 51, SERIES OF 1990. Ayes: Council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Mr. Ou1111er's appointment is effective 1aed1ately and shall expire February 1, 1992. (111) An appointment to the Public Library Advisory Board was con- sidered. The resolution was assigned a nUlllber and read by title: RESOLUTION NO. 57, SERIES OF 1990 A RESOLUTION APPOINTING JEFF DAVIS TO FILL A POSITION ON THE PUBLIC LIBRARY BOARD FOR THE CITY OF ENGLEWOOD. COUNCIL IOIH NATHMIAY IIOVED, • IT IIAS SECCNIID TO APNO¥t IESOLUTI• llt. 57, SOIES Of lttO. Ayes: Council Mellbers Koltay, Hathaway, W1gg1ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. Nr. Oavh' appotntaent 1s effective 1aed1ately and shall expire February l, 1993. (1v) A reappotntaent to the Liquor L1cens1nt Authority was con- sidered. The resolution was assigned a IIUllber and read by title: RESOLUTION NO . SSA, SERIES OF 1990 A RESOLUTION REAPPOINTING 808 BOARONAN TO THE LIQUOR LICENSIN& AUTHORITY FOR THE CITY OF ENGLEWOOO. COUIICIL IIEIIIO MTHMIAY IMED, • IT IMS 5UGIIDID TO .VNOft IISOLUTI• •• IIA, SOIU Of lttO, I . • , 1 • • • Englewood City Council Minutes July 2, 1990 -Page 9 • 0 • , . Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried. Mr. Boardaan's tera shall expire August 4, 1993. (v) Council Metlber Habenicht .. ntioned two it .. s: 1) A letter has been received froa the Centennial Lutheran Church concerning Fire Service Delivery. She stated all Council Mellbers will receive copies. 2) She advised Council she would be presenting in the near future a resolution concerning Eaergency Ftre Strens (draft copies were provided). 7. Pre-sc:hecluled Visitors (a) Mayor Van Dyke presented appointaent certificates and logo lapel pins to the newly appointed board aeabers, Darryl Duaer and Jeff Davis. Ms. Cronk and Mr. Boardllan were not present. (b) Colleen Caudil 1, Adainistrat ive Services, presented the Worker's Coapensatton Award whtch the Ctty of Englewood has received froa CIRSA. Ms. Caudill explained that the award was presented for the City's outstanding ac- coapltshaents in the aanageaent of loss prevention during 1919. Nr. Fraser accepted the award on behalf of the Ctty, c01111ending the eaployees of the Ctty for their concentrated efforts towards this end. Council Netlber ClaytOtl sug- gested that a letter be sent to the City depart•nts expressing Council's appreciation. (c) Kevin Sa11pson, RTD Board Metlber froa Adas County, and c-ron Winder, RTD Board Mellber fl"OII Southeast Denver, were present and provided Council with a C01111Unity Rail Feastbtlity Study. Mr. Sallpson offered to re- turn at soae potnt in the future to discuss the aatter further wtth COUIICil . (d) Representatives froa Southgate, South Arapahoe, and South EnglellOOd Sanitation Districts were scheduled to be in attendance to recognize approval by the Districts of the Bastn Interceptor Agreeaent [Agenda It .. IO(c))i Di- rector Fonda infor'lled Council that due to the lateness of the ... ttng, those representatives were unable to reaain. 8. llon-sdllduled Vtsttors There were no non-scheduled vtsttors other than those lllho spoke concemtng Agenda It .. 6(1)(1) -see Page Nos. 4 I 5 . 9. ca.untcattons and Procl-ttons (a) COUNCIL IIEMEI HAIDIICHT IIMD, JULY •• lttO, AS •UI([ c1n DAY.· Ayes: Council MNbers Koltay, Hathaway, IUgetns, Bullock, Clayton, Habenicht, Van Dyke Nay s: None Motton carried . Mlyor Van Dyke will be attending Lake Ctty's July 4th celebration and will present the ProclaattOft to offfcfah of Lake Ctty . Mayor Van Dyke explained that Lake Ctty ts Cng18IIOOd's Stster Ctty . • ,. - • . I . • I ]- • • • • - c, Englewood City Council Minutes July 2, 1990 -Page 10 10. Consent Agenda Council Member Hathaway requested that Consent Agenda Item lO(b) be withdrawn from the Consent Agenda. COUNCIL NDIIER CLAYTON NOYm. AND IT WAS SECOll>m. TO APPROVE CONSENT AIENDA ITENS,fo(•), (c), AND (d) AS FOLLOIIS1 (a) ORDINANCE NO. 29, SERIES OF 1990 (COUNCIL BILL NO. 5.7 INTRODUCED BY COUNCIL MEMBER CLAYTON) ENTITLED: AN ORDINANCE AMENDING TITLE 5, CHAPTER 3C, SECTION 3, SUBSECTION C, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO INTOXICATING BEVERAGES. (c) ORDINANCE NO. 30, SERIES OF 1990 (COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL NENBER WIGGINS) ENTITLED: AN ORDINANCE APPROVING THE BASIN INTERCEPTOR AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, SOUTHGATE SANITATION DISTRICT, SOUTH ARAPAHOE SANITATION DISTRICT, AND THE SOUTH ENGLEWOOD SANITATION DISTRICT NO. l. (d) ORDINANCE NO. 31, SERIES OF 1990 (COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL NEMBER HATHAWAY) ENTITLED: AN ORDINANCE APPROVING A SUPPLEMENTAL CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAYS, FOR WIDENING OF THE SOUTH BROADWAY BRIDGE OVER BIG ORY CREEK BETWEEN CENTENNIAL AVENUE AND RAFFERTY GARDENS. ~es: Nays: Notion carried. Council ....,.rs Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht. Yan Dyke None • •••• IEUIDI• CGIISDIT MEIIIA ITEN 10(1) COUIICIL IBID llllNMMY IIMD, -IT IIU SECONDED, TO 11I11IIUII _, TMLE IIIIU'INITnY CGUIICIL IILL m. D.l IIIICII as IIIAPPIONIATRY APPllO¥ED ON Fl-IODI• ON W 11, lllO, AS CGISll1' MlleA ITEN lO(A) • A IILL FOi M •IIIMCE CONCDIII• NYI• DISTIICT m. 33 ASSESSIIEl1'S. ~es: Council ....,.rs Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried. (Clerk's note: See A9end1 It• U(J), Page I~ for sub- stitute actton concerning this subject.) ••••• 11. Publtc HHrtnt No public hearint was scheduled . ' I . • 1- • • • Englewood City Council Minutes July 2, 1990 -Page 11 '· • 0 • 12. Ordinances, Resolutions and llotions ,. - (1) Director Fonda presented I recoaendation froa the Utilities De- partment to approve the County line Landfill Amended Connector's Agreeaent. Mr. Fonda explained this is an extension of the previous agreement for treat- ment of leachate generated at the landfill. He rec0111ended extension of the contract to expire August 20, 1995. Council Mellber Habenicht inquired if the contract addresses changes which aay take place in teras of pretreatllent stan- dards. Mr. Fonda assured her that the original contract requires the landfill to meet extsttng standards as well as any which are later passed by the Ctty or federal government. The City Clerk was asked to read Council Bill No. 37, entitled: COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE CONSOLIDATING THE AMENDMENTS TO AGREEMENTS BETWEEN THE CITY OF ENGLEWOOD, THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE ANO WASTE MANAGEMENT OF COLORADO, INC. COIIICIL IEIIEI BULLOCK IIOVED, All> IT WAS SECONDED, TO APPROVE OIi FIRST IEADI• COIIICIL IILL NO. 37, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motton carried. (b) Ms. Pepper, Econoaic Development Coordinator, presented a rec01atn- d1tion froa the Oepart .. nt of C01111Untty Oevelopaent aatndtng the 1990 General Fund Bud9et tn the 111e>unt of S20,000 to provide adequate funds for the con- t tnuatton of econoatc development progru acttvtttes. Ms. Pepper tnforlltd Council that the Greater Englewood Chuber of C01atrce recently pltclged S2,000 IS their share of the cost of the aarkettng brochure. A request 1s being IIICle to the Englewood Downtown Development Authority to assist tn the coauntty assessment, by providing funds for one-half of the S600 cost of the 1Ssess- 11ent. Council Member Hathaway coanented that she feels there ts an opttatsttc upswing in the business c01aUntty for which she gives credit to the acttvtttes of the Econoatc Development Coordinator. She ts of the optnton thts aoney ts well -spent and should be appropriated. The resolution WIS asstgntd a nuabtr and read by title: RESOLUTION NO. 588, SERIES OF 1990 A RESOLUTION AMENOING THE GENERAL FUND 1990 BUDGET . CCIUIICIL IEIIER HATHAIIAY IIOVED, N IT WAS SUCINDED, TO APNO¥t IUOWTIOI NO. Ill, HIIES Of Hto . Ayes: Nays : Motton urrttd . ... Council Mttlbtrs Koltay, Hathaway, Wt99tns, Bullock, Clayton, Habenicht, Van Dyke None I . • , - • • • Englewood City Council Minutes July 2, 1990 -Page 12 ' (. • 0 I~ • l., (c) City Manager Fraser presented a rec01111endation to adopt a resolu- tion approving the Collective Bargaining Agreeaent with the Englewood Em- ployees Association for 1991 and 1992. Mr. Fraser explained the contract car- ries a fixed increase of 31. There are ainor language changes froa previous contracts; the only other econ011ic change pertains to the unifora reillburse- ment cost for safety shoes. The resolution was assigned I nllllber and read by title: RESOLUTION NO. 59, SERIES OF 1990 A RESOLUTION APPROVING THE 1991-92 COLLECTIVE BARGAINING CONTRACT BY ANO BETWEEN THE CITY OF ENGLEWOOD, COLORADO, ANO THE ENGLEIIOOO EMPLOYEES ASSOCIA- TION, EFFECTIVE JANUARY 1, 1991 THROUGH DECEMBER 31, 1992. COUNCIL RENIER CLAYTON ROVED, All> IT IIAS SECCIIIDED, TO APPROVE IESOLUTION •• 59, SERIES OF 1990. Council Melllber Habenicht asked Mr. Fraser to c0111111nt for the record what the cost i111plic1tions will be, both to the budget and to staffinv levels, by the increases being approved. Mr. Fraser explained that approxiaately $200,000 increased costs for each year have been identified. Mr. Fraser explained fur- ther that the City is atteapting to re-shape the way services are provided with great effort being aade to aatntain and provide aaxillUII service levels. He stressed the t11portance of aaintaininv I coapetttive coapensatton plan during thts restructure. Vote results: Ayes: Nays: Motton carried. Council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke None (d) A recoaaendation froa the City Attorney to adopt a bill for an or- dinance approving a warranty deed conveytnv certain rtght-of-way for the Ctty Ditch to the State Board of land Coatsstoners was constdtred. (In accordance with the agre ... nt wtth the Ctty of Littleton pen1ttting the relocation of the City Dttch for the Littleton Railroad Dtpresston Project.) The Ctty Clerk was asked to read Council 8111 No. ll, tt1titled: COUNCIL BILL •• ll INTRODUCED BY COUNCIL fOB(R HATHAWAY A Bill FOR AN ORDINANCE APPROVING A WARRANTY DEED CCIIYEYING CERTAIN RIGHT-Of- WAY FOR THE CITY DITCH TO THC STATE Of COLORADO, STATE BOARD Of LAIi> COMMISSIONERS. COUNCIL IIEIIIO 33 IIDVED, N IT IMS SKWD, TO u,llft • FIIST IEMI• COUNCIL IILL •• 33, SEIIES OF lllO. Ayes: Council Nlllbers Koltay, Hathaway, Wt11tn1, Bullock, Clayton, Habenicht, v .. Dyke Nays: None ,,. - I· • • , • • • Englewood City Council N1nutes July 2, 1990 -Page 13 Motion carried. <. • • l~ • ( e) A recoaendat 1 on frOII the City Attorney to approve a bil 1 for an ordinance approving a quit chi• deed to No11tar Industries WIS considered. This ordinance 1s intended to settle a boundary discrepancy regarding the property located at 2829 South Santa Fe Drive. The City Clerk was asked to read Council 8111 No. 35, entitled: COUNCIL Bill NO. 35 INTRODUCED BY COUNCIL MENBER KOLTAY A Bill FOR AN ORDINANCE APPROVING QUIT CLAIM DEED FOR A PORTION OF THE REAL PROPERTY WEST OF 2829 SOUTH SANTA FE DRIVE. CCIIIICIL IIEJIIO ICOLTAY IIOYED, AND IT IIAS SECGIIDED, TO APPIOYE • FIIST llUDJ• CCIIIICIL llll NO. 35, SERIES OF 1990. Ayes: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried. (f) Mayor Van Dyke stated it is the consensus of City Council that the Rules of Order and Procedure of City Council requires further drafting. MYOI YAN DYKE IIOYED, AND IT IIAS SECC*DED, TO TAIL£ AIUltA ITEII 12(f) TO JULY 11, 1990. Ayes: Nays: Notion carried. Council Nlllbers Koltay, Hathaway, IHggins, Bullock, Clayton, Habenicht, Van Dyke None (g) A rec011111ndation frOII the City Attorney to accept by aotion a deed of property frOII the Englewood Urban Renewal Authority WIS considered. The acceptance of the deed concludes the transfer of right-of-way for property located at approximately U.S. 285 and Cherokee Street (Englewood Parkway). CCIIIICIL IEIIO ICOLTAY IIOYED, AND IT IIAS SUWD, TO ACCEPT THE IUUIITY DEED FICIII THE DIILEIIOOD UDAii IDIEIW. AUTHOlln FOi um LOCATED AT APPIOXIMTELY U.S. 211 -CHOOICEE STIEET. Ayes: Council Nlllbers ltoltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Notion carried. (h) A bill for an ordinance subaittint to a vote of the qualified elec- tors of Englewood at the next scheduled regular aun1cipal election an aaend- aent to the Charter relating to age and rtstdeftcy requtreaents of Ctty Council was constdend. The Ctty Clerk was asked to read Council 1111 No. 29, efttttlld: • "' - ' I . • t - - • • • ·, Englewood City Council Ninutes July 2, 1990 -Page 14 <. • - COUNCIL BILL NO. 29 INTROOUCED BY COUNCIL MEMBERS HATHAWAY AND CLAYTON A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND RESIDEN- CY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL. COIIICIL IIDIIEI HATHAIIAY IIOYED, Am IT IIAS SEcaED, TO APPIOVE ON FIIST llEAD- 111& COIIICIL IILL NO. 29, SEIIES OF 1990. Council Mellber Habenic~t suggested a substitute council bill, explaining that her version accoaplishes the saae thing, providing two distinct questions each with a •yes• or •no• answer. She feels this version would be clearer to the voters than the one with three alternatives. After discussion of the proper procedure to accoap11sh this, COIIICIL IIDIIER HABENICHT IIOYED, Am IT IIAS SEcaED, THAT COIIICIL IILL NO. 21 IE MEIIIED Am REPLACED IY COIIICIL IILL NO. 21.1. Ayes: Council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion to ... nd carried. Council Mellbers Hathaway and Clayton agreed to join Council Mellber Habenicht as co-sponsors of Council Bill No. 29.1. The City Clerk was asked to read Council Bill No. 29.1 entitled: COUNCIL BILL NO. 29.1 INTRODUCED BY COUNCIL MEMBER HABENICHT, HATHAIIAY, CLAYTON A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY Of ENGLEWOOD AT THE NEXT SCHEDULED REGULAR UICIPAL ELECTION PIOPOSED MUIJNENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE Am RESIDEN- CY REQUIREMENTS OF IIEMBERS OF THE CITY COUNCIL. COIIICIL IIEIIIEI IIAIDIICHT IIOYBI, _, IT IMS SUCINDID, TO~ ON FIIST IOD- 111& COIIICIL IILL IIO. 29.1, SEIIES OF lttO. Ayes: Council llellbers Koltay, Hathaway, 111191ns, Bullock, Clayton, Habenicht, Yan Dyke Nays: None Motion carried . (1) Council lltllbtr Clayton offered a resolution adopttng policy con- cerning the use of office supplies and ctty staff. TIit resolution was 11119 ned a nUllbtr and read by title: RESOLUTION NO . 60, SERIES OF 1990 A RESOLUTION ADOPTING POLICY CONCE•ING THE USE OF OFFICE SUPPLIES Ml) CITY STAFF BY CITY COUNCILPERSONS . ' I· • , , - • • • Englewood City Council "inutes July 2, 1990 -Page 15 • 0 I• • COUNCIL IIEIIIEl CLAYTON IIDVED, _, IT IIAS SUCIIIDBI, TO APPROVE RESOLUTION •• 10, SERIES Of lttO. . COUNCIL IEIIO NAIEIIIQIT IIDVED, _, IT IIAS SUCIIIDBI, THAT THE THIRD •IIIElW, EACH CITY COIIICIL 1£COIIIIZU THAT IT HAS lltT ...... IATED FUNDS TO NII£ CITY STAFF FOi COIIICIL SEC1£TAIIAL USE,_, DOU lltT IIITm TO PROVIDE SECRETAIIAL ASSIST•£ TO COIIICIL IIUIIOS, DCEPT Well M OCCASIONAL BASIS• IE DELETED; THAT SECTION 1 IE MIEaD TO IUD: ·TIE cm lllllllEI SHALL IIAU AVAIL.MU TO ALL IIDIIEIS Of TIE CITY COIIICIL SUCH OFFICE SUPPLIES AS ME IEASONULY IIEEDED TO CAIIY OUT TIE OUTIES Of CITY COIIICILPEISON, SAID OFFICE SUffl.lES TO IIICUIDE PAPER, ENVELOPES, cauTEI -PHCIIE u•, PRllll'EI -...... IATE SOFTIMIE COIIPATIILE 111TH TIE cm SYSTDIS, THE HASONAILE USE Of TIE COPY ua11•. - OTHER SUPPLIES AS IIAY IE IEASONAILY 1£QUIIED FIOII TIIE TO T11E• (DELETI• TIE REST OF SECTION 1); All) THAT SECTION 2 IE AIEIIIED TO 1£AD: •c1n SECIETAIIAL STAFF WILL •TIE AVAILABLE TO COIIICIL PEl5CIIS FOi PRIVATE USE IUT ONLY FOi CITY BUSINESS WITHIN 1£ASON• (DELETI• TIE IEST Of SECTION 2). Council Melllber Habenicht explained that she feels SOiie lllltlbers of Council aay require 110re secretarial assistance than others and she does not want I par- ticular policy which might inhibit those council persons froa getting the kind of staff assistance they need in order to accoaplish their responsibtltttes. With her suggested changes, Ms. Habenicht feels the intent of the policy will be aet. Council Mellber Clayton responded stating his intention of the policy stated tn the resolution ts •1oos crystal clear.• He feels tt ts taportant to note that Council has not appropriated funds for secretarial staff. With regard to the rest of Council Mellber Habenicht's suggestions, he feels the resolution as written ts rerfectly clear and concise. He does not believe the citizens ex- pect Counct to hire secretaries for their tndtvtdual C01111Untc1tton needs. Council Neaber Bullock stated he does not believe the thtrd •Whereas• adds any •antng to the resolution. Regarding Section 2, he ftnds the secretarial staff invaluable when his schedule does not peratt 111• to ans•r hts cor- respondence. He would be tn favor of keeping the S50 postage ltatt, but sees no reason to ltatt use of secretarial staff. Council's job ts to be respon- sive to the voters and neither the aanner nor the .. ans sllould aatter. Council Mellber Clayton stated again that the third ·Whereas• speaks to the fact that Council has not appropriated funds nor directed the Ctty Manager to provide secretarial staff. He further c_....ted tut there could be a dif- ference of optnton on •within reason.• He feels the descrtptton as stated tn the resolution ts quite clear as to what •wttlltn reason• •ans. Vote results on aotton to ... net: Ayes: Council Nlllbers Bullock, Habelltcllt Nays: Council Nlllbers IColtay, HatlllWay, lft19tns, Clayton, Van Dyke Aaendaent fatled. counctl NNlber Clayton called for the vote on the ort9tnal aotton. Vote results: ... I . • , • • • Englewood City Council Minutes July 2, 1990 -Page 16 • 0 , • • Ayes: Council Members Koltay, Hathaway, Wiggins, Clayton, Van Dyke Nays: Council Members Bullock, Habenicht Motion carried. (j) Council Member Hathaway presented as Agenda It• 12(j), Council Bill No. 22, 1sking th1t the Clerk read ind assign tt an ordinance nUllber. ORDINANCE NO. 32, SERIES OF 1990 (COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER HATHAWAY) ENTITLED: AN ORDINANCE APPROVING THE WHOLE COST OF THE IMPROVEMENTS MADE WITHIN PAVING DISTRICT NO. 33, IN THE CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING THE APPORTIONMENT OF THE COST TO EACH LOT OR TRACT OF LAND IN THE DISTRICT; ASSESSING A SHARE OF THE COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING THE MANNER FOR THE COLLECTION AND PAYMENT OF THE ASSESSMENT. COlltCIL NEIIIEI HATHAWAY IIOYED, All) IT lfAS SECOll)[D, TO APPROVE CII FINAL READI• •INANCE NO. 32, SEIIES Of 1190. Ayes: Council Mellbers Koltly, H1thaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke N1ys: None Motton carried. 13. Ctty Manager's Report (a) City Man1ger Fraser presented I recoaendation to 1dopt a resolu- tion 1pprovtng the Collective B1rgaining Agreeaent wtth the Englewood Police Beneftt Assoct1tton for 1991 and 1992. Mr. Fr1ser stiled that the eaploy .. s hid rattfted the 1greeaent attlched to the resolution. He encour1ged Coun- cil's consider1tion of the resolution which w1s 1ssigntd I nllllber and read by title: RESOLUTION NO. 61, SERIES OF 1990 A RESOLUTION APPROVING THE 1991-92 COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD POLICE BENEFIT AS- SOCIATION, EFFECTIVE JANUARY 1, 1991 THROUGH DECEMBER 31, 1992. COUNCIL IIUIIEI HATHAWAY ROVED, All) IT lfAS SECCNJED, TO APNOVE R£S0lUTICII NO. 11, SERIES Of lttO • Counctl llttlber H1benicht asked Nr . Fr1ser to cOlllllftt on how fir the Ctty can go tn teras of providing services with the Hhry increases betng proposed without soae sort of increase in revenue. llr. Fraser responded. He exphintd he has asked staff to prep1re recoaend1tions for the 1991 budget which a1tch 9SI of the 1990 budget . The reason being the flit revenue picture 1g1tnst 1n increasing expense picture. Until those recoaendations 1re fully reviewed Nr . Fr1ser t s unable to provide 1n answer to Ns. Hlblfticht's question. "' - I . • , ]- • • • Englewood City Council Minutes July 2, 1990 · Page 17 • 0 • ·I.• Discussion ensued about the 1991 budget and its presentment to Council by the Ctty Manager. Mr. Fraser assured Council that he will strive to aake reCOII· inendations that will provide a forum for significant policy decisions about where the City of Englewood is headed in the future. Council Member Koltay inquired about Article 8 -Special Asstgnaent shown on page 5 of the agreement. Mr. Fraser responded that the positions included are those positions which are entitled to some additional c0111pensatton tn the fora of extra credit hours or in the fora of additional c011pensatton on a 110nthly basts. These positions require extra tt111 without the benefit of extra coa- pensatton. Additional training is necessary for these positions. Mr. Koltay asked for clartftcatton of •rrafftc Officer• as tt relates to Special Assignment. Vote results: Ayes: Nays: Motton carried. Council Mlllbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (b) City Manager Fraser re111inded Council that the eaployees annual ptc- ntc 1s scheduled for July 14 at Belleview Park, coaenctng at 12 noon until 4:00 p.a. He also reatnded Council of the Fourth of July celebration . Mr. Fraser was connended for his efforts toward this jointly sponsored event. .. - (c) City Manager Fraser made a few additional coaaents concerning his relocation tnto Englewood, affiraing the fact that he is Council's ctty aan- ager and plans to continue in that capacity for the foreseeable future. He stated that 110ving into the c011111Unity ts as taportant to hi• as tt is to any- one else and he shares the value that c0111s wtth having the city aanager be a part of the coanunity. He announced that he would be assuming hts residency tn Englewood around July 14th. He expressed apprectatton for Council's asst stance. 14. Ctty Attorney's Report (a) Assistant City Attorney Grt• requested a 110tton to authorize the Ctty Attorney to stipulate in the case Carpenter vs Cottle that the Ctty of Englewood be disaissed froa the case as it has no interest in the property. COUNCIL IEIIO IULLOCI IIOVED, All) IT MAS SECONDED, TO AUTHOIIZE TIE c1n AT- TOllln TO STIPULATE IN THE CASE CARHIITO vs COTTU THAT TIE ctn Of IIIILEMOOD IE DISNISSED FIOII THE WE AS IT HAS NO Jlfl'EUST IN TIE PIOPEITY. Ayes: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Motton carried. (b) Assistant City Attorney Grl• advised Council that this tt .. (derelict vehicles) requires further drafting and ts not being presented at thts tt ... • •. I . • , ]- - • • Englewood City Council Minutes July 2. 1990 -Page 18 15. AdJoursaent • . , . • COUNCIL IEIIIER HATHMIAY IIOVED TO aJOUIII. The wt1ng adjourned at 10:10 p.a. . . ' I . . 0 • , ]- 1 • • • ,. - • I~ • (. 6 (a) RESW.JTICN NO. 6 z_... SDUES CF 1990 - A RESCUn'ICN RATllY1NG THE ~IN'lMENl' CF. GR!JJG BIRDSALL 'ro THE BOi\RD CF D~ FCR THE EN:iLB«lOO DCJ~ DEVELQIMENI' AlmDU'lY. WHEREAS, by Ordinance No. 16, Series of 1978, the City Council of the City of Englewood, Colorado, established a DcMntawn Develcpnant Authority in the City of Englewood; and ffllERFAS, Gregg Birdsall is a current Board Ml!lltler of ~ Board and General Manager of Cinderella <;:ity Shopping Center; and WHEREAS, Gregg Birdsall'• current tem expires June 10, 1990; and ~. the Enqlewcod Downtown Develcpmnt Authority, Board of Dinct:ors unaniJlolsly accepted his request !or reinsut.-nt for ~ tam; NCM, ~. BE IT RESCLVID BY 'nlE cm cx:u«::n. CF 1HE cm CF E:G.D«XD, ~. THAT: Section 1. Gregg Birdsall is hereby J:elllPC)inted to the Englewood Dawntown biveicpant Authority his te%1'II will be effective July l, 1990 and expire June 30, 1994. ADCPl'I!%> AND M'P'RCJ\P!D this 16th day of July, 1990. Attnt:: htricti A. crci,,, clty ciirl I, Patricia H. Craw, City Clerk foe the City of DwJlewood, Colarado, twnby certify the lbolle is • true ocpy of Rnolutian No. _, Serin ot 1'90. h&idi •• er& . . • ' I . • • , 1- • ~-. • • • GENERAL AGENDA ITEN COMMENT ROSTER DATE: .JULY 15, 1990 ANY PERSON NAY SPEAK CONCERNINI aY MlaA ITII. EACH SUCH PERSON IIJST SIM THIS ROSTER, STATINI NME, ADDIESS, All> AIEll>A ITEN .... ER. PLEASE UNIT YOUR CONNENTS TO FIVE IIIIIJTES. THOSE PERSONS IIIO WISH TO SPEAK IN FAVOR OF OR IN OPPOSITION TO A PUBLIC HEARIN&, SHOULD SIM THE APPLICABLE PUBLIC HEARING ROSTER. PLEASE PRINT. AIIDIESS --1181 •• ~ha can feta ;.;. 6. -,,:, .. 12. b . ,i, .... .. I. • - - • • RESOWI'I~ 00. (;j SERIES <J' 1990 <. • • A RESCU1l'l~ RBiARDING Tim lNSTAUATI~ <J' DtERGEX:r WMNING SIRmS AND AlffllJUZING THE TAANSFDt <J' nH>S: 12 (b) (1) IIIERDS, the City of n¥)lewood hu acquired a IUl'ltJer of UNd mergency sirmis fran El Puo County; and IIIERJ!'AS, staff hu dllll'eloped a plan for the locaticn of these sirm'IS throughcut the oc:muu.ty; and IIIERJ!'AS, newer, alternatiw technology ...tu.ch wculd raake such warning ~ cbaolete, sueh • a systa ...tu.ch wculd wam nsidants thEwgh the special ringing of ruidantial tel•phouu, i• not likely tot. available in the faresssllble future; and IID!M, the Dlglewood City council wants to auure, to the axtent practicable, the safety of ita citians; and IIBDS, the 1990 buctJet did not contq,late the coat of this installation, JOI, 'l'nERQQCE, • IT Ja:Lvm n na cm CXDICIL c. 'DIE cm c, JIIGLDIXI>, ~. 'na'l': laction l. '1Wlty 'l'houun4 Dollars (*2(1,000) t. allocated f:ral the fWl4 balancii to & Dli*'twat of safety Serv1cN for the inatallaticn of the warning WW\ syeta. laction 2. 'ftla City M1M9K is authoriaed and dincted to inatall the wm1iiijj ;ya.. -apediticusly -poaible. ADCPl'ID AND APPIOIIIZ> thia 16th day of .July, lttO. ,a&ii 1. craw, ctti a.a I, Patricia H. Craw, Ci ty Clerk for the City of lh9lacleld, ColcradD, ...., cartify the*"'-is • true oapr of IINOlution No. -· .... ct lttO. WWW I. ei& . . ' I . • • - • • • 0 I • - ... PROCLAMATION WHEREAS, many citizens fran Englewood, Colorado served with courage and skill in the Republic of Vietnam chiring the Vietnam War; and WHEREAS, the people of the United States have recognized through the establishnent of the Vietnam War Memorial, located in the capital of the Nation, that an enorm:ius debt of gratitude is CMed to the veterans of the Vietnam war; and WH!::P.EAS, the sacrifice of the veterans of the Vietnam war should continue to be recognized by the citizens of Englewood; and WHEREAS, many troops fran Englewood fo.ight at a wide variety of terrain and in ext.nm! conditions and were exposed to c:hsnical herbicides that were UMd to defoliate the jungle; and WHEREAS, a certain herbicide chelllical known as Agent orange hu raised serious concern about the health effects a1 veterans of the VietNlll war: and WHEREAS, health care facilities of the Departnent of Veterans Affairs offer the Agent Orange registry examination, a nedical acreening; and ~. participation in the nadical acreening progrm could disclose previously undKected problems that may require praipt madical treatmnt; and WHERFAS, veterans of the Vietnam war need the S\llPC)rt of the peq,le in Diglewood to participate in Agent Orange Screening AwareneH Week. NCJol, ~. I, SUSAN~ 0100:, Mayor of the City of Engl9WOOC!, C:Olorado, hereby proclaim the week of July 8, 1990 through July 14, 1990 be designated as in the City of EncJlewood and UCCJe the citizen• of &,glewood to encourage the wterans of the Vietnam War to obtai n Agent Orange Screening • GIVDI under my hand and HAl thi s 16th day of July, 1990. ... • .. - 8 (a) ' I· • ]- • • • • • , . • . , ,, .. .. CK>INANCE NO.~ 3- SERIES CF 199~ CXXH:IL BILL NO. 29.1 Im'IOU::fI> BY CXllNCIL MEMBERS ~arr, HAnfAWAY Mm aAn'Cl',1 AN CK>INANCE SUBMITl'ING TO A V01'E r:R 'DIE OOALIFIID ~ r:R 'DIE CITY CF E2G.fHlOO AT 'DIE N!X1' SCHl1DJLm R!XiUIM KJNICIPAL ELErl'I~ PIQIOSID AMfHJ.11:Nl' TO 'DIE afAR'l'fJt r:R 'DIE CITY r:R nG.IKXX> RElATit«. TO AGE NI> RESIDEJCY R!JJUIRfMENl'S r:R M9mERS r:R THE CITY cnKIL. BE IT ~ BY THE CITY <XUCIL r:R 'DIE CITY r:R IN:iLDDX>, CXLCIWX), 'nfAT: Section 1. 'l'here i• hereby subnitted to the qualified electors of the City of §igiewood at the next aehe&lled regular nunicipal election prq>ONd ~ to the Olarter of the City of °'9lwood, a follows: 'n\at the qualified electors of the City of °'9laiood shall c:hooN aw of the following provisions. If either question No.l or No.2 is ~ by the qualified electors, upon certification ttlU90f to the office of the Secretary of State of the State of Colorado, punua,t to Section 9, Article xx, of the Colorado Constitution and Section 31-2-210 Colorado RaviNd Statutes, Article III of the Hale Rule O\arter of the City of !ngl9WDOd shall t. -.dad. 23: QUIBl'ICJI No. l: AR'l'IC1E III I.B.ISLM'IVE m,r No parson shall t. eli9ible for the office of '41191111 _Ml._ ~ uni ... at the tia of the election the pencn is • citizen of the tA,itad StAtes, at lust twnty-fivie (25) years of -,e, shall havie been fotr ~at! ,._..imllti.ately pnc,edinlJ aach election • qualified elector of the City. T SJ CXIJClU'DICltS elect~ by Districts shall also be rwsidants and (Jlalified electcn o f their district•. ~lo naber of the OounC'il shall hold q ott.r pmlie office or ~1~ for which CClll*INtion is paid frca ary IIU'l kipali t y . "'~ . ' • 9 (a) I . • 0 - • • • • h • <. ~100 00. 2: ARTICLE III LEX;ISIATIVE BCDY 23: ~IFICA1"IOOS CE' EC MC!ll-8 CXUCILPERSCRi No person shall be eligible for the office of ! uJJ- CCUCILPERSOO unless at the tine of the election the peraon is a citizen of the United, States, at least au*J fiw ~ 'nBft'Y-OfE (21) years of age, and shall have been for "'-'ONE~ iJlm!cliately preceding such election a qualified elector of the City. camcilan ~ elected by Districts shall alao be residents and cpal.ified electors of t."ieir districts. No mmber of the Oouncil shall hold any other public office ar eiployment for which ~ion is paid fran cry nunicipality. Only if the quntion is lppZ'Cl\l9d by the qualified electon shall the kticle be amended and the O\arter as ~ certified to the Secntuy of State and~ in the Olarter. section 2. the voting machines aid paper ballots for said election ahall carry tfii following dHignation which shall be S\Dllission clw: SP;S'J'IOO No. l: Should the amter of the City of !nglaa,d nlatinl) to Article III, -X.C,islativie Body,• establishing the the nsidlncy ~ far City Council ....tlenhip be changed frcn thra (3) yura to ane (l) year imiadi.ately preceding the election. (A thra year Naidlncy requinmnt has bNn dllclared l.l'ICICIMtitutional by the~ Ccurt of ~orado aid one (l) year rnidlncy NqUir-.t is canstitutional.) Yn Ho ~ion No. 2: Should the Olarter of the City of DIIJlaa,d relating to Article III, "Leqislativie Body," Ntllbliahinl) the • NqUir-.t for City Council .. aanhip be changed frca t:iwalty-fivie (25) years of • to twnt}'-OW ( 21) years of age. Yn No And each elector 'IIOting at said election Ind dasirous of 'IIOtinl) shall ~ hi• choice by dllpreasinl) the .....-1ate counts of the vatinl) MChi.ne or by IA)nlpriate 111arkinl) upon paper ballot• wher'8 UNCS. . ' ' I . • • ]- • • • ,.. • • '· Section 3. 'nle pre.per officials of the City of l:))glewood shall give notice of said regular nunicipal election, 1ol\ich notice shall be published in the manner and for the length of tine required by law, and the ballots cut at such election shall be canvassed and the result ascertained, determined, and certified u required by law. Introduced, read in full, and passed on first reading a, the 2nd day of July, 1990. Publiahad u a Bill for an Ordinance a, the 5th day of July, 1990. Read by title and puNd on final reading a, the 16th day of July, 1990. Pmliahad by title • Ordinance No. , Seri• of 1990, on the 19th day of July, 1990. - &.i van tiyiiii, Aiiyar Nl"l'EST: htrlcli N. crow, clty dirk I, Patricia H. Craw, City Clerk of the City of !ngla«m, Oolondo, --cartify that the lbou9 Ind fcnlJC)UII) ia • tz,ae oapy of the ordinlnce paued en final rudlniJ Ind publiahad by title • Ordinance No. , lar1a at 1990. - htrlcli N. crow . . ,. - 'I • ' I . • • - J- • • <R>nw«:E NO. ~.l/ SERIES CE' l99'r <. • • BY AtmDUTY 9 (b) CXUC:n. BILL NO. 33 nmuu:ED BY CX:UCn. MfMBER HM1WiAY AN CR>nw«:E APPR:1llING A MMIWfff IEBD CXJNE!DI. CER'l'AlN RIGlrl'4'..-Y Pell TH! CITY Dnal TO TH! S1'ATE Cl CXUIWX>, STATE BOMD CE' I.AR> CXMIISSlamRS. 1IIDDS, the City of l!nglwoocS in 1983 agreed to the relocation of the City Ditch for the PJrP0N of the CClll)let:ion of the Littlet:m kUroad DapE9Uion Project; and ~. cawt%Uction of the r91.ocaticn of the City Ditch WU CClll)leted at the apanN of the City of Littlet:cn and the Colorado Dlpartlant of Hi9b,raya; and lllll!RDS, the City abtained frm the State Board of Lmd Ccnaiaianan certain nal prq,erty and in achange a;ned to OW! t*CSW ty ownacS by the City; and IIIDDS, in «dar to OClll)lete the tnnw::tiCln the State ao.rd of Lmd c.c..isaicnan ~ that thia partian of ri~«--, be clMda4 to tha; and llla!U, Littlet:cn hM proridad the City of a,.Jetaod vi.th • title insurm policy for the t*cparty to be Nmiw4 by tbe City of ...,...,.,., IICII, IHDCDCN., • 1T CllmDIID 8! '1m C1TI CXDCIL a, ._ C1TI a, DGLINOCD, oor.<aADO, Al P<IUIII: lectJcnl. 'Die City Oaun:il hanby EE caw 1:lle atta:t1e11 •1w., Dw! ana autncriaea aacuticn and daliwry of Mid Dull. ~. read in full, and paued en fint i9allinl en 1:lle 2nl .., of July, 1990. ~liahed u • Bill far an Ordinance en the Sth day of July, 1"0. Raad by title and paa..s en final r...unt en the 16th day of .July, 1990. ~lished by title• Ordinance No. , laa'iea of ltto, en the 19th day of .July, 1990. - WWWvinbyG, Niy& fa&ii I. er&, diy eiiri . . . , • . ' I . • 0 'a2 I ]- - • • • • • <, I, Patricia H. Crow, City Clerk of the City of &lglewood, Colorado, hereby certify that the above 11'4 fongoing is a true ocpy of the Ordinance puNd en final reading 11'4 published by title as Ordinance No. , Seri• of 1990. - Patrlcli A. cm, • .. I. • 'a2xl p- t t - • • • ,. • • <. ... THIS DEED made this day of , 1990, between the Cl'l'!C c»' EHGLZ«xX>, ca.cJWX>, a nuiicipal. oorporatian, of the State of Colaradl), 'loh)ee ad&keas is 3400 s. Elati, Englewood, Coloradl), for the ccnsidantian of 1m AR> N0/100 IXllARS ($10.00) and other all gc,ocS and valuable ccnsidllnticn, in hand paid, hereby Nlls and CC11V9YS to the S"rA'l'E CR CXUJW>O, acting by Inc! through the STN1'Z IIOIW) c»' IA"ID CXH1ISSICJICRS, 'oh:a llddrns is 1313 Shemm, Damler', Colo."'alSo. the follodng real prcperty in the County of Arlpllhoe Inc! State of Colorado, to wit: (SN Exhibit l attached henwith anc! llllldl a part hc9of by this nfennce.) with all its~. and warrants title to the -subject to all reaervatians, restricticns, and enc:wmrancea of NC:Ord. lpecifically r9NrVin; and ~ing frm this Grant, • grant frm the State of Colcrado, acting by and through the Stat• loard of Lane! Comduicnan, Right of Illy No. 2548, Book 25, ncordad in the Racorda of the Clerk and Recorder of Arapahoe Ccunty, be(JinnincJ in Boak 4172 at page 46. Slca::> this _ day of .JI.Irle, lttO. Atten: Patrlcla I. crcii,, Bty diri ftlm: C, CXlLOIWX) ) ) cxurn' C, MAP.MICE ) "1'he fongoinlJ ~ ,,... acknowledgad mfcn • this *t, of , 1'90 by , NllyClc' of ~ty of -5ii--1..aoo---. and by , elty din of the City of Dll19IIOOII. My cannissian ecpiresi _____ _ . ' .. I. • • - • • • • • • .. A pa:ctl of land situated in the North i of the S0uthv11c ! of St:tion 16, Tovn .1!'.ip S South, Aan11 U l:11t of the 6th P.11., County of Arapahoe, St1t1 of Colorado and lyina ~ithin the !ollovina d11cri)1d lin11: lt&in ac • point f:o~ vh1n:1 the l:11c i corner of 11id Stcrion >6 bt1r1 M 21•,s•Jo" ~,at a Ci1:1n:1 of JSGJ.~ !11t, ~or, or 1111, 11id point beln: on the l11t-~11c l/16 line of :he S0uthv11c i of 11!d 11ction 16 •~• 1) !tee v11t1rly of the oriainal City ,itch c1nt1rlint. J. Thence f;orth 22°3)')4" tan, a C!1:anc1 o! JU.6) !uc; 2. :h1nc1 1lon1 :he arc of• curve co the l1!c a d!1tanc1 of 2,,.,, !11r, said curve havina a chord btarina Nor:h 17",t'l)" Eaac, a Ci1:anc1 of 2)4.2J !11: and a raCiua of 1417.S !tit; J. thence J;orth 13°0~'52" E11r, a d!1t1nce o! 1,1.11 !11t; 4. :h1nc1 alona the arc of a curve to the rlah: a C!1:1nc1 of Sl.21 !ttr, aaid curve h1vin1 1 chord b1arin& ~or:h 27°)4')7" lair, 1 Ci1:anc1 of 57.59 !tat and a raCiva of 11S.OO !111; J. :h1nc1 ~Orth 42°0)'Vl" Ease, a dl1tanc1 of 17 •• 4 !11r; 6. :111nc1 •Jona the arc "f • cvr,•1 co the lt!c • dhunu o! 50.,1 !1tt, 11ld curve t.,~ina a chord btar,na ~or:h 2)0 04'1~" E11r, • C!1:anc1 of ,,.,, !11: and• r1C!v1 of IS.Ou !111; 7. thence a;orth 1•03·1,• l11t, • C!1:anc1 o! 11.fS !111: I. :h1nc1 alona :ht arc o! • c~rv1 ta the r!aht I Ci1:an:1 ~! S&.16 !111, 11id curve ~•v&na • chord btarinc a;o::h 11°)6'0)" E11r, a d:1:anc1 of SI.SJ !ttt and• raC!ua ot 155.0~ !111: , . u,. 11. 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Ill " ... • • • 0 .. -- . .. ,. • :r .. _,, C, .. . .. C' C"' C, •, C .. " :, ,. .. • • .... .., .. .. .. --..,. : 0 ... .... .. ... :, . .. • 0 ..... .. .... .. .. ... ... :, . .. :, -" • n ... 0 .. -"C .... '!:I "' .. .. •• 0 " C, ,. "" ;;• .. .. ~ .. .. .. .. 0 .. .. .. :, .. ., 0 ... :, .. .. :, :, .. ........ I . ' r I • • 7 ,. - - • • • • • I~ • <. 9 (c) BY AtffltC1UTY cxu«::n. BILL NO. 35 IN'DOU::m> BY cxucn. MEMBER JU.TAY AN CltDDWa APPR1\1ING (JJ1T CIAIM DEED FCll A PCRl'IClf OF 'DIE REM. ~- WEST OF 2829 SOOTH SANrA FE CIUVE. lltERE'M, the legal deac:riptia\ of the Littletcn/Engl-..ood Wastewater Treatmant Plant conflicts with an adjoining property awnen legal description; and lltEltFM, after surwy and research of the boundaries adjoining the Littlet:an/Englewcod Wastewater Treat:INlnt Plant, it is necesury to (flit title the property; 1'0f, TnP.lcEPCICE, BE IT ~ BY 'l'HE CITlC o.:JR:IL OF 'DIE CITY OF l:HaLIHXX>, ~. AS l'a.LCMS: Sec:tial l. Far the S\111 of $10.00, the Mayor and City Clerk are authorized to sign and attest a Quit Claim Deed 2829 LIMI'l'fl) PAR'l'N!RSHIP far the ml property dNeribed u: 'ftlat put of the NE 1/4 of the NE 1/4 of Section 33, Tawnahip 4 South, Ra,ge 68 Mast of the 6th P.M., dNc:ribed u follows: CX111!J1CDG at a point a\ the Eut Line of Said NE 1/4 of the NE 1/4 of Aid Section 33, frm which the Northeat comer Aid NE 1/4 of the NE 1/4 bears NOOC09 1 09"W a d.iatance of 367 feet, Aid point l:leinlJ the POilff ar -.n1i11G parcel of land dNc:rilled in Bex* 5 at •• 458, Arlplhae County Raaords. 'ftwrlce Slf050 1 51 "W alclng the Ncnh line Aid parcel dNc:rilled in 8cm 5 at•• 458 a distance of 2H.OO feet to the ~ comer Aid parcel; tlwlce Sl.J029' 26"W alclng the Aid 111at line Aid parcel dNc:rilled in Boat 5 at •• 458 a diaunc:,e of 41.N feet to a point which is the point of intenec:tion with the lllat line of parcel dncribed in Boat 4492 at P• 574, the JIODft' ar NU#DC of the parcel dncribed herein: t}wnce SUo36'17"W along the line of parcel dNc:rilled in lock 4492 at Page 574 a dist.nee of 389.99 feet to a point; tlwlce •'°5J'02"W along the line of parcel daaerilled in Boat 4492 at .... 574 a diatm of 4.00 feet; thalce S12036°l7"W along the line of parcel dNcru.cS in Boat 4492 at Page 574 a distance of 176.53 feet to a point en the 9CUth line of parcel daacrilled in Boat 5 at•• 4581 tlwlce Nlf045' 15"W alor19 the South 1 ine parcel dNc:rilled in 1oC1k 5 at •• 458 a distance of 5.00 feet to the ~ ccmar Mid parcel; thence N1J02t 0 26•E along the Mnterly line parcel dNc:ribed in lock 5 at •• 458 a distance of 568. 52 feet, to the point of betiminl• -l - , I . • - - • • .. • ., . Sect.im 2. After ~ 15, 1991, «-ncin1J 1ipan vritta notim frc::a & dty of DIIJlaad to gnnt:a, ••*-lha11 l9lacate the baunllay fence IDf in pi.. a1aw, tba watarly baardlllCy of .. -. •• nal i*Cl*~t pnriauely dlecriba4 to a location CII ••*-'• i*c+WLY "-ich le aJant the ouaectec! watarly baardlllCy line ~ by tba Quit Clala Dal. 91a nlocaticn of the fllnce lllall -• ••*-'• ···-· • ca t11a 5tb _. of Mr, ltlO. llwl by title ..e,.... an fiMl ff « .. CII tbe 11th cll!r of My, lllO. ,-is.., bf title• Grdh • •· _, llria of 12111, an Ille 11t1a -of My, ltlO. I ....... arma WWW L WWW, dii da LWWWL&& -1- ', • • - ]- • • • I I I I I J -! !t ~, ti'' lil I• ,:: • • t• • (, ~ .. LJJJ. .. ·' ·1 ! -·---••• /. i {[) ; ::, -~--------;; I • "' I r ,. I ' .. ", E! 1 ............ . -. I .. . . : ' I . • • - 1 • • • • • t• • ·, 9 (d) cnH:IL BILL NO. 37 INTRaXJCm BY cnH:IL MfMBm aJLUX:J< AN <H>DWCE CCNSCJLIDM'Il« THE AMmOEl'1'S TO .MiREl1JErl'S ~ THE CI'l'lr CE' QIGL9'JCI), THE BQo\RD CE' ccumc CXHilSSICIUS CE' 'DIE ccumr CE' AMPARE AND ~ ~ CE' CXUIWX>, DC. WHEREAS, the City of Englewood entered into a Oonnector's .-it with the County to provide treatnwnt for wutewater originating at the wute ManagllWlt of C.olorado, Inc. Ja\aged C.ounty Line Landfill en August 20, 1984; and lltERFAS, the parti• en June 26, 1987 antend into an ~am,t to the C.onnec:tor' s Agreanant which extended the provisions of that Connector's Ag?ea,ait to August 20, 1990; and WHER!'AS, the City of Englewood, the OOUnty of Arapahoe and Nute Managanent of C.olorado, Inc. wish to further ectand the Oonnectar' s ~. and llt!RFAS, the City of &'«JlN:104 in accordance with the prarisiclns of the City of Englawocd tl.lnicipal Coda authari.S the OOUnty by pm:ait to diac:harge wutewater into the unitary..,.. systa in accordance with the effimnt limitation, nawtary ~ and other conditicna aat faith in the Wuta,ater Contribution Pllalit; and lll!RDS, the Panllit by its term will ecpire en Mlly 14, 1990; and IIIERFA5 I J'IOt withatanding the Ne,. 6 Hr l5 I 1919 r....i dNdline contained in the Penlit the City wishea to reiaaa the Pcllit; and IH!:RDS, the parties wish to hna the CDIMctar' S Algr I I I at - rm.dad on June 26, 1917 at--4 to J1u1Ju8t 20, l"5 with the conditiclns of the Ool1aector 1 s ·--·t and First Jaadai,t thanto not incanaiatant with this 1'NidTa,t to be ruffu.d and to rwin in full force and effect; and ~. the parties wish the Pamit that -.. effective Mlly 15, 1917 and which WU rwviNd June 3, 1911 to epire Cl\ Mlly 14, 2005 with all of the tenM and conditions of the pllrlllit to be reaffizmd and rwin in full force and effect, NCM, 'l'hEkQ(JQ., IE IT ~ 8Y 'DE Ciff CD1CIL a, '111B Ciff a, DIGI n«XI>, CXUIWX>, AS PCI.LCll8: Section l, 1he apiration date of the prarisiclns of the OoliwetCII''• Arp Hant • .. .dad en June 21, ltl7, 1a twnby at--4 to ~ 20, 1995. • I . • • I - - • • ,. -• ,. • •, • (, Section 2. All other terms and conditions of the Cainector's Agreement as amended on June 26, 1987, is hereby extended to August 20, 1995. Section 3. "nle Permit which bec:ane effective May 15, 1987, and which WU revised June 3 , 1988, shall e,cpire new a\ May 14 , 2005. Sectia'l 4. All other tems and conditions of the Pemit are reaffimcS and shall raMin in full force and effect. Sectim 5. 'Dw Mayor and City Clerk are tmmy authorized to sign and attest iiila con.olidatad ~,ta to Agrealmita for and a\ behalf of the City of Bn9lewcod and City Q:luncil. Int.rmJoed, rea4 in full, and puN4 a\ first z.ading Cl\ the 2nd of .7uly, 1990. Published u a Bill fer III Ordinance Cl\ the 5th day of .7uly, 1990. Rud by title and paued m final reading Cl\ the 16th day of .July, 1990. Publlahed by title • Ordinance No. , Seri• of 1990, m the 19th day of "'1ly, 1990. - fitrlcli N. craw, clty diri I, Patricia R. Craw, City Clark of the City of lnlJ].aa,d, C'olcndo, henby certify that the .,.,. and fanlJolnl ia • true aapy of the ~ paued en final reading and pibUahed by title • ordinance no. , llria of 1990. - fitrlcli I. eiai • ' I. • • ]- 1- • • • • • • '· .. THIS CXNSCLIDATm AMl1JOol!NT, made and entered into this . _ -_ day of . _______ . __ , 1990, betwNn the cm (R DG.l!XXI) < ·~7i""IU\icipal corporation, fflE BOUD (R CXllfff CXMaSSICIUS of the CXUfl'Y (R AMP.MD: (NCXUffY•)' • body coz:porate and politic of the State of Color~ and tiWrl'!: MANM2MENl' (R ca.awx>, n«=. ( "lie· ) , a Color~ corporation. WHERDS, aG.!HXJ) entered into a Oonnec:tor's Agra u 1nt with the o:umr to proridll treatmnt for wastewater originating at the IIC mm'lal)ad County Line Lmldfill on August 20, 1984; and WHER!'.'8, the parties, on June 26, 1987, antced into 1n laad•nt to the Oonnec:tor'• Agrwat "1!.ch mctenda4 the provisions of thlt Clonr.ctor'• Agr9almat to August 20, 1990, inter alia; and lllaDS, l!IG.DIXI>, thlt CXllfff and IIC wish to furthar atend thlt cain.ct.or• • ....-,t; IIIDDS, in accordance with thlt provisions of thlt City of !nglaa,d Jll.lnicipal Coda, Title 12, Olapter 2, u anact.s ~ 21, 1983, thlt crrr did, effectiw May 15, 1987, autharue by pallit, thlt cxumr to diac::h£9e watewater to tht Sanitary s....r Systa, in acccrrda.ce with thlt efflmnt: limitation, sawtary ~-and othar conditions set forth in the ~ <XlmtIBl7!"l<Jf PDIC1T ( ·P!Ml'T") ; and IIHDFAS, thlt PDM1T by its tezm will a.pin en Nay 14, lttO; and IIIB!M, notwithsUndinlJ thlt ~ 15, 1989, nr,aal dNd1ine ocntained in tht PDMIT, thlt crrr wishas to naw reiuua thlt PmlllT; NOW WWW, in cansidllrat.ion of thlt aatual 1-lefit to Wh, !JIGLIMXI), tht CXUfl'Y and IIC .-M follows: SectioD l. 'l'he mcpiratian date of thlt proris1cna of thlt Oann.ctor•s Ai;rl B I ,t M -,dad en June 26, 1917, is lm.t,y atendlld to AuaU9t 20, 1995. SectiCD 2. All other teza and ccnditiaw of thlt Cola.c:tor•s •• 1£ N thlt Fint ,... ... ,t thareto, not inccnsistmt with thia Secand Ai•idwat ... reaffirad and shall raa1n .f.n full fccce and affect. SectiCD 3. 'Dw PmlllT ""1ch becaaa eff-=tiw Na)' 15, 1917, and "'1ch WM rwiiia J\n 3, 1911, shall -.,in W CIII Na)' 14, 2005. lllctiCD t. All other teza and oanditiaw of thlt PDNIT ... rwatrliiii inci shall raa1n .f.n full farce and eff9Ct • I . • 0 ]- I • • • • . ' • · ... • (. m WI'fflESS WHER!XlF, the parties have aet their hands and seals, effective the day and year first above written. ATTEST: f!Ui flU. f!tie biti &in viii byii, Miyar biti IIU'1'Z MMWaal'J' c. CXUNDO, DC. fiili biti • • ' . I. • ]- - I • • • • • '· l• \ ... A RESOWl'ICN ALLQaNG THE Clff CF EJG.m«XD TO ~IE:!' TITLE TO THE 9:Xmf 7S X l2S FfZT CF THE ST. UXJl:S PIAYGROOND. 11 (a) WHEREAS, the City of Englewood previously reaolved to accept a letter of agreaant between the City of Englewood and St. Louis Olurch regarding the City's purchase of the South 7S x l2S feet of the St. Louis School playground, i.e. ;,arking lot (Resolution No. 20 Series of 1990); and WHEREAS, title aearch revealed this pzoperty to be clouded u a result of prior ownership fran fflllrtY ~ ago and the City wishes to ?990lve any and all title diaputes as to this prq,erty; and ~. by filing a quiet title action the title to the property can be cleared of a technical dafect that is, in the put, a priest of the ~ twlc! the title rather than the archdiooeM. !Of. 'nll!RDtaE. BE IT RESCLV!D Br 'DIE cm CXUl:IL C, THE cm C, DO.INOCJI', ~. THM': Secticn l. 'l'he Dx.Jlacioc! City Council authari-the City Attomay to puraue • ii!et title action to naol• CN'IC'Ship c!isputea with Z9l)ard to the Scuth 75 X 125 feet of the St. Louis Pl8)'9r'OUnd. ADCPl'm Alm APPJCVm this 16th (atJ of July, 1990. Atteat: Patricia A. en:iw, city deri I, Patricia H. Crow, City Clerk for the City of DIIJlacioc!, ColoradD, twnby certify the abo\19 is • tnae oapy of IIMoluticn No. _, Sariea of ltto. htrlcli •. er& . , ' • I. • • - • • • • • NDIORAIIDUM TO: Mayor Van Dyke Members of City Council PRON: Rick DeWitt, City Attorney DATZ: July 10, 1990 llBGAltDIIIG: Haidon vs. City of Englewood. 14A Please find enclosed the Order of the Federal District Court dismissing Haidon'• claim against the City. I ask that you read this because the provisions that are applicable to this case are comraonly applicable in •quasi-judicial hearings•, if a board or the City Council follows the procedures rec011111end by this office, generally the decision will be upheld on constitutional grounds. Enclosure nf y submitted, . . ' ' .. I • • . , ' • - • • • • • '· IN THE UNITED STATES DISTRICT COlraT FOR THE DISTRICT OF COLORADO CASE NO, 89-C-lS86 WILLI.A.~ C.R. HAIDON, Plaintiff, v. CITY OF ENGLEWOOD, et al., Defendant(a). CMRIGAN, J. ORDER Plaintiff, Willia• G,R, Haidon filed thi• action in the atate di•trict court for Arapahoe County, Colorado, •••kin9 compenaatory and punitive daaa;ea, and an injunction orderin9 the City to ;=ant hia a roofin; contractor• lic•n•e. Plaintiff ••••rt• that on September 22, ltll, in violation of 42 u.s.c. I 1113, the defendant• denied hi• license renr.ial application. Defendants are the City of En;levood, the :t119lewood Ci":y Attorney, the :tn;levood City Council, th• Di=ector of Cc=:aunity :)evel op::ient and other•. ::>e!endanta acbli t that the ;,h i n't i ! ! • • l!cenae renewal application waa denied. Hcwever, they ••••rt ':ha-: au:==ary j ud;•=•nt i • arrropr.ate becauae (1) t~e plaint!!!'• cor.atitut.onal ri;hta are not .apl i cated: and (2) even if they a:e, the plaintiff received procedural due proceaa. reaponded by oppoa i nt the aotion • Plaintiff !',aa on Septellber 1>, ltlt, pura\aant to 21 u.1.c. I 1441(b), the 1 . , ' I. • • - • • • ,, -• • • . . defendants removed this action to this court. Jurisdiction is founded on 28 u.s.c. § 1331. The parties have fully briefed the issues and oral argument would not materially assist my decision. Defendants assert: (1) that the plaintiff'• constitutional ri9hts are not implicated1 and (2) that even if they are, the plaintiff received procedural due process. To implicate the United States Constitution's due process clause, the plaintiff must have been de~i•d a protected property interest. There is extensive case law on the question of whether a license is a protected property interest. In Prica Haskel, Inc,, y, Danyer Daparppant of Exci1• and Lican111, 614 P.2d 364 (Colo. App. 1914) the court held that a liquor license, like any business license, is a property ri9ht entitled to due process protection. Mr. Lucky'•, Inc, y. Dolan, 111 colo. 195, P.2d 1021 (1979). llA ~ City and Cpunty pf PIDYtr Y, IPPtrt, 647 P.2d 216 (Colo. 1912) (Individual license or perait decisions involvi"9 adjudicative fact• are subject to basic due process tuarantees). Plaintiff's roofi"9 contractors license, like a liquor license, allows the licen••• to earn a livin9. Prior to 1911, the plaintiff's licer.se waa renewed five consecutive years. In c;:911 y. Colc;:ad; su;e 19tE4 of Ptnt,al 1:xaain•n, su P. 2d 11 (Colo. App. ::.t76), t~e cou~ held that once a dental license is 9ranted, the priv•·••• becoaes a property ri9ht that uy not be taken away without satisfyin9 due process require .. nu. laa Uu Cplpradp 1t,au lpa;:;1 pf Nur•• J1a•io1r1 Y, Hphy, 121 Colo. 15, 261 •· 2d 401. In the ca•• at bar, th• plaintiff had an expectation interest in his 2 ' ' .. I. • 1- • • • • (. roofing license. If this right i• to be taken away, the constitution mandates that he be afforded due process. Thia leads to the defendant•' second ar9\Ullent that even if there 1a a protected property interest, the plaintiff was afforded all necessary due process. zc.a also sat forth th• ainiaua pr~ural prerequisi tea to taki119 avay a protected property intarut, apecifically, notice and an opportunity to be heard. on July 22, 1911, the plaintiff vaa orally notified that hi• application had bean denied. on Auvuat 24, 1111, ha vaa so notified by certified aail. Pursuant to En9lavood Municipal Coda I 5-l-7(b), the plaintiff waa vranted an appeal. on Septaabar 23, 1111 the plaintiff nbaitted a written appeal and on 1'ovaabar 23, 1111, the Enl)lavood loard of Mjuataanta and Appeal• considered it. In a letter dated Novaabar 23, 1111, the ao&rd affiraed the initial denial. 'l'ba procedure followed by t!le defendants 1• consistent vith the Enl)levood Municipal Coda, and :a.eta the requiraaenta of fair notice and a reaaonai:tl• opportunity to be heard. Plaintiff claiaa that the beari119 waa not adequate because it vaa a •11:a,.aroo court.• Plaintifff also clai:aa that .. ny of the defendant•' atat ... nta are 11••· If the plaintiff vanta t~ challe119a the action on the rita, be auat bri119 a atate court action pursuant to Jhala lOl(a) (2), Colo. Jl. Civ. Proc. ba c1py9laD4 letr4 pf 14RSIS:iPD Ye Tmrd•nHl, 00 U.S. 132, SU < 1111) (proc••• due to terainated ac:llool district -,loyN WH pretenainaUon opportWtity to rHpoM, and poatteninaUon , • I • • • ]- - )· • • • ,.. • • ,, ... administrative hearing). Under Fed. R. Civ. P. 56(c), sW1111ary judgement i• proper it there is no genuine isaue •• to any material tact and the moving party ia entitled to judgement aa a matter of law. Ctlet11 Corp, y. Catr1tt, 477 u.s. 317 (1916). Defendants followed the normal procedure under the En9lewood Municipal Code. If the plaintiff wants to appeal or otherwise chall•ft9• that procedure, be auat initiate a state court action. Thua, no 9enuine iasue of aaterial fact exists, and the defendants are entitled to judpent as a aatter of lav. Accordi"9ly, IT IS ORDERED that: (1) Defendants• motion for SWIUlary jud911ent is 9ranted; (2) Plaintiff'• complaint and action be di .. issed, and (l) lacb party •ball bear his or its OWri costs. Dated at Denver, Colorado June 21, ltto. ' ' • < •. ... .. I. • 1 32 x l ]- - • • • • ·..., • ' > IIBNORANDUM TO: Mayor Van Dyke City Council Members PRON: Rick DeWitt, City Attorney DATB: July 10, 1990 aaa.aaDIIIG: City of Englewood vs. Martin Manufacturing. In the Martin Manufacturing, Martin appealed the City's Use Tax A••••• .. nt. After numerous delays the case was finally decided by the State Department of Revenue and enclosed is a copy of their decision. The hearing officer found that post 1986 use taxes were within the jurisdiction of the State and are properly collectible and consequently we have aa Order for this amount. With respect to pre 1986 taxes the state determined that they did not have jurisdiction to determine this matter, consequently pursuant to law the previous Order of the Director of Finance is effective and the sums are now properly due and payable to the City. With respect to these pre 1986 the Order of the Director of Finance is sufficient and is not appealable to the State Depart .. nt of Revenue. We understand that Martin Manufacturin9 .. Y appeal the decision to district court, we will pursue the .. tter accordin9ly. I should advise you that none of the district court jud9•• have experience in this area and it is always a crap shoot when we 90 into district court. I would like to con9ratulate Dan Brotsaan for stayin9 on top of this ca•• pursuing it to a successful conclusion. cc: R09er Fraser Mar9aret Fre .. an nf . . . ' I. • 0 I - I ( • • • • • <. FINAL DETERMINATION (DD-#488) NAR'l'IN MANUFACTURING COMPANY, Plaintiff, v. CITY OF ENGLEWOOD, a Colorado Boae Rule corporation, Defendant. POR THE TAXPAYER a Gary A ... 11, Jr. POil THE CITY: Jeffery N. Ludvi9 26 lleat Dry Creek Circle luite 575 Littleton, Colorado 10120 Daniel L. arotaaan Aaaiatant City Attorney 1,00 South Elati Street En9levood, Coloraao 10110 NATURE or TBE COIITIIOYElllY The City of En9levood (En9levood) iaaued an Audit Reault ltat ... nt to turtin Nanufacturin9 C~ny (Martin) on Nay,, 1117, in which En9levood inforaed Martin that the city'• auditor had deterained that Martin owed city uae tax, penalty, and inter- eat. Martin reaponded to the Audit •••ult ltat ... nt by aendint a ' ' •. .... ' I. • • I ...... I ( • • ~J • \ ~ • ~ • . ' ,, A protest letter to the city on May 13, 1987, On May 21, 1987, Englewood mailed to Martin a Notice of Deficiency in which it assessed the use tax, penalty, and interest itemized in the Audit Result Statement and advised Martin of its rights to protest the assessment. Martin protested the Notice of Deficiency and requested a hearing before the Assistant City Manager. The Assistant City Manager held a hearing on the Notice of Deficiency and the protest on February 3, 1988. The hearing was conducted under the provisions of the Englewood City Code (Code) and S 29-2-106.1(2)(c)(I), c.R.S. (1986). The Assistant City Manager issued his decision upholding the tax, penalty, and interest on February 16, 1988. Martin requested a hearing before the Executive Director of the Depart .. nt of Revenue under the procedure set forth in S 29-2-106.1(3), C,R,S. (1986) on March 1S, 1988. The hearing was scheduled for March 22, 1989, was rescheduled to July 12, 1989, and was again rescheduled to Deceaber 18, 1989. The Deputy Director of the Departaent held the hearing on Deceaber 18, 1989. Martin raised the following issues for deteraination: l. Whether Englewood .. y adopt use tax ordinances which differ froa those authorised in S 29•2-109, c.a.s. (1986)? 2. Whether the iteas upon which the use tax was assessed were purchased at retail? 3. Whether the iteas upon which the use tax was assessed were exeapt froa the tax under Code SS 4-4-S-2(A)(l) or (6)? 4. Whether Martin was required to report and pay the use tax under Code SS 4-4-5-3 and 4-4-4-4? s. Whether Englewood is estopped to collect the tax froa Martin because of the city's failure to collect a siailar·tax froa every person residing in the city? 6. Whether the city aay not collect the tax because of the procedure used by the city to notify Nartin of the alleted defi- ciency? FINDIIIGI or PACT .. sed upon the testiaony and exhibits adaitted in evidence, -2- . . 'I • ' I . • • , ...... I • • • • • • .. the Deputy Director makes the following findings of fact: 1, The proceedings set forth under the heading herein Nature of the Controversy are adopted as findings of fact. 2. Englewood is a home rule city exercising the powers conferred under Article xx of the Colorado Constitution. 3. Martin is a machine and parts manufacturing company operating within the boundaries of Englewood. 4. During the period between April, 1984 and April, 1987, Martin purchased raw materials, supplies, parts, machinery, and other items for use in its manufacturing business. Specifi- cally for the relevant period from January l, 1986 through April, 1987, the items described in this paragraph 4(A), 4(8), 4(C), and 4(D) were purchased for use in Martin's manufacturing business. A. The largest transaction in dispute during the period January l, 1986 through April, 1987 was Martin's purchase from International Business Machines (IBM) of machinery used by Martin to manufacture parts for machines manufac- tured by IBM. Martin did not resell this machinery. Mar- tin did not transform this aachinery in its manufacturing process, and this machinery did not bec0111e a necessary or recognizable ingredient, coaponent, or constituent part of the products manufactured by Martin. a. Martin purchased other machinery and tools that it used in its business which it did not resell or transfer• in its manufacturing process and which did not becoae necessary or recognisable ingredients, coaponents, or constituent parts of the products manufactured by Martin. These it ... are those listed on Plaintiff's Exhibit 1 whose invoice dates are on or after January 1, 1986 and which are not otherwise described in paragraphs 4(A), 4(C), or 4(D) herein.· c. Martin did purchase raw .. terials, supplies, and parts on or after January 1, 1986 which it did transfer• in its aanufacturing process and which did becoae necessary and recognisable ingredients, coaponents, or constituent parts of the products Martin aanufactured. Plaintiff'• Exhibit l lists these ite .. according to the supplier frOII which Mar- tin acquired them, and the suppliers of these it••• were United States Machine Tools, Hotsy, Porter Coatings, Scotland Yard, Houdaille, Stock Drive Products, Aafac, Col- orado Electronic Hardware, Decorative Coatin9 Systems, and Machine Laboratory • -l- 'I ' I . • • ]- I ( • • • • • • •, D. Martin also purchased tools from Snap-On Tools after January 1, 1986 which were described in Plaintiff's Exhibit 1 which Martin resold to its customers. Martin did not transform these tools. 5. Martin remodeled part of its facility in 1986 and purchased materials and supplies to accomplish this project. Martin presented no evidence to show that the companies and per- sons who installed these materials and supplies paid any city sales or use tax on the items. 6. Between April, 1984 and April, 1987, Martin completed and filed with Englewood sales and use tax returns in which Mar- tin listed its gross sales amounts for the periods of the returns, but indicated no sales or use tax liability. CONCLUSIONS OF LAW 1. Neither party to the proceeding questioned whether the Deputy Director of the Departaent of Revenue has authority to review city sales and use tax assessaents which are based on transactions which occurred before January 1, 1986. 1985 Colo- rado Session Laws Chapter 244, S 8 provides that S 29-2-106.1(3), c.a.s. (1986), the statute authorising this proceeding, shall apply to sales and use transactions occurring on and after Janu- ary 1, 1986. Therefore, although not raised by the parties, it is held that the Deputy Director has no authority to deteraine whether Englewood properly assessed the transactions which occurred before January 1, 1986. 2. A hoae rule city po••••••• all the powers necessary to 9overn and regulate its own affairs, including the power to levy and collect sales and use taxes. aer .. n v. City and Countf of Denver, 156 Colo. 531, 400 P.2d 434 (lt65). The coioradoe9ls- iature has iaposed certain liaits on a hoae rule city's iaposi- tion of use taxes, but none of those liaitations apply to the issues presented in this .. tter. Section 29-2-109(1), c.a.s. (1916) laposes liails on a use tax relating to propertr used as an ingredient in a .. nufactured product, but those 11• tatlons apply only to towns, cities, and counties. The llaits do not apply to hoae rule cities. Section 29-2-107(1), C.R.S. (1916). 3. Code S 4-4-5-1 applies the use tax only to the storage, use, or consuaplion of tangible personal property purchased at retail. Code I 4-4-2 defines a retail sale as every sale except -4- ' I· • •• , I ]- I ( • • • • • • one to a purchaser who will resell the item. A. The machinery and parts identified in paragraphs 4(A), 4(8), and 4(C) of the Findings of Fact are not purchased by Martin for resale, but for Martin's use in the manufac- turing process. B. The items identified in paragraph 4(0) of the Findings of Fact are purchased by Martin for resale and are not sub- ject to the use tax. 4. Code S 4-4-S-2(A)(6) exempts from the use tax the stor- age, use, or consumption of tangible personal property by a person engaged in the business of manufacturing, compounding for sale, profit, or use, any.article, substance, or c0111111odity which is actually and factually transformed by the process of manufac- ture, which becomes by the manufacturing process a necessary and recognizable ingredient, component, or constituent part of the finished product, and which is essential to the use of the fin- ished product in the hands of the ultimate consumer. A. The machinery and parts identified in paragraphs 4(A) and 4(8) of the Findings of Fact are used by Martin to .. nufacture its products and are not transforaed by the process of aanufacture. Rather, these aachines and parts transform the .. terials used by Martin in the process of .. nufacturing its products. These machines and parts do not become necessary and recognizable ingredients, coapo- nents, or constituent parts of the finished products Martin .. nufactures. These iteas are not exeapt froa the use tax. see Bedford v. Colorado Fuel and Iron Corporetion, 102 ~o. 538, Ii P.2a 752 (lt3B). a. The raw .. terials and iteas identified in paragraph 4(C) of the Findings of Fact are actually and factuallr transforaed by Martin's .. nufacturing process. These t ... beca .. necessary and recognisable ingredients, coaponents, or constituent parts of Martin's products, and are essen- tial to the use of these products by the ultiaate users. These it••• are exeapt froa the use tax. 5. The taxpayer has the burden to prove, br clear evi- dence, that it is entitled to an exeaption. Sect on 21-2-106.lCl)Cd), C.R.S. (1116), Securitl Life and Accident Coa- Jlnf v. Heckers, 177 Colo, 455, 415 P.2a 25 cil72). Airtln his al ici to point to any Code provision exempting its use of the construction aaterials purchased to reaodel its facility froa the use tax, and it has failed to prove that the persons vho -5- . . ' I . • , , ...... I ( • • • ,-• • ~ • installed those items paid any sales or use tax on those items. Therefore, the construction materials are subject to the use tax. 6. Codes 4-4-5-1 imposed liability for the use tax on every person who stores, uses, or consumes tangible personal property in Englewood. Thia liability exists regardless of the manner in which the city has chosen to administer and collect the tax. Martin is correct that the Code does not provide a clear method for reporting use tax. However, the failure of the Code to provide for a convenient or easy method of reporting use tax in no way affects liability for the tax. The question of liabil- ity is separate from the question of administration. A. Even assuming that the Code's failure to provide for an easy method of aelf-aaaeaament prohibited the city from imposing its use tax, Martin may not rely on the failure to prevent the city from collecting the tax. Martin in fact filed sales and use tax returns during the period in issue on a regular basis. Its argument is moot in that Martin not only knew of, but utilized the reporting method mAde available to taxpayers by the city for the reporting of use tax. Further, code S 4-4-11 authorizes the Finance Direc- tor to examine these returns and recompute the tax shown as due and owing on the returns. The Finance Director was authorised to examine the returns Martin filed and to com- pute and aaaeaa the tax Martin should have reported on the returns. 7. The Code clearly provides for the levy of the use tax on every person, even if the tax is not aaaeaaed against every person who could possibly be liable for the tax. Generally, a tax administrator is not estopped frOII collecting a tax because of prior actions or failures to act on the part of the adainia- tratora. Araatron v. Driscoll Construction C n, 107 Colo. 211, 110 P. • urt er, t e au t n9 unction is not intended to result in an audit of every taxpayer who is liable for a tax. Voluntary coapliance is not only a financial necea- aity for taxing jurisdictions, but it is also an accepted aaauap- tion of tax adainiatration. I. The hearing provided in S 29-2-106.1(3), C.R.I. (1916) ia a hearing de novo. Section 29-2-106.1(3)(d), C.R.I. (1916) • Generally, auch a hear i ng is conducted as if no prior proceedings had taken place, and any failures or deficiencies in the prior proceedings do not affect the de novo proceeding. Turner v. Roaaailler, 35 Colo. App. 329, 532 P,2d 751 (1975), the aaaer- tlon by Airtin that Englewood failed to strictly follow the procedures detailed i n S 29-2-106.1, C.R.S. (1916) or in the Code -6- • . ' ' I . • , ]- I ( ' • • • ,. • • "· II have no bearing on this proceeding and need not be reviewed by the Deputy Director. A. Even assuming, for the purposes of this Final Determi- nation, that the Deputy Director is required to review the proceedings conducted by Englewood, the Deputy Director concludes that Martin has waived any defects in the proce- dure used by the city. Martin filed a protest in response to the Audit Result Stateaent, and it requested a hearing before the Assistant City Manager in response to the Notice of Deficiency Englewood provided. The procedure used by the city has been fundaaentally fair to Martin, and Martin has been allowed to present all of its arguaents at every course of these proceedings. There is no reason to relieve Martin of its liability for the tax because of any defect in the procedure used by the city. FINAL DETERMINATION Based on the foregoing Findings of Fact and Conclusions of Law, the Deputy Director deteraines that she has no authority to review the transactions whicb occurred before January 1, 1186. 'l'he Deputy Director aake• no deteraination as to vbether the part of tbe aaaea ... nt based on those transactions (16,365.lt in tax, 1636.52 in penalty, and 11,407.70 in interest) ls due. Entlewood use tax is due on the it .. • Martin purchased and used in its aanufacturint business vhicb are identified in para- traphs 4(A) and 4(8) of the Findlnt• of Fact, and Martin's stor- a9e or use of the it ... identified in para,raphs 4(C) and 4(D) of the Findint• of Fact is exempt froa the use tax. Martin sball therefore r .. it to Englewood the total aauunt of 11,045.65, which la comprised of $5,436.25 in tax, 1543.63 in penalty, and 12,065.77 in interest, coaputed to June 30, lttO, within thirty days of the date of this Final Oeteraination. Sltflff thio ~ Uy of :7-Jl..?'~L ...... to_. _______ _ ~NO -7- '' ' I. • • , 1- I ( I. • • • ,. • • <. " CERTIFICATE OF HAILING This is to certify that I have duly served the foregoing FINAL DETERMINATION upon all parties herein by depositing copies of same in the United SUtes Nil ::;z;fted posUge ,,...10, at Deom, Colo.ado this o2f'~ day of -..,..-• 1990, addressed IS follows: Gary A. Bell, Jr. Jeffery w. Ludwig 26 West Dry Creek Circle Suite 575 Littleton. CO 80120 Daniel L. Brotzllln Assistant Cib Attorney 3400 South El1t1 Street Englewood, co 80110 CERTIFICATE OF HAND DELIVERY TIits is to certify that I have duly served the fO'!fC?1nt FI;z=NALIIIATIOII upon the following parb by hind delivery this ~aclly of , 1990, to his office at the following address: Steven lush, Esq. Assistant Attorney ;e.,.ral General L•l Servtcn Section Dtpartaent of Law 15H Slle1'W11 Strtet, 3rd Floor Dem,er, CO 80203 Q.4t/~ / I • • • < •. • I. • • • ' ' -,.. . ' • , .. . 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