HomeMy WebLinkAbout1989-12-18 (Regular) Meeting Agenda-•
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December 18, 1989
Regular City Council Meeting
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1. Call to Order
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EN&LEVOOO CITY CCU«:Il
EN&LEVOOO, ARAPAHOE COliiTY, COLORADO
Regular Session
Dec-.r 18, 1989
The regular ~eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:40 p.•.
2. Invocation
The invocation wa s given by Council Me.ber Koltay .
3. Pledge of Allegiance
The Pledge of Allegiance was led by "~or Van Dyke.
4 . loll Call
Present : Council rs Hathaway, Koltay , Kozacek, Byrne,
Habenicht, Cl ayton, Van Dyke
Absent : None
A quoru. was present .
Also pres nt :
nt
rvf ce
rvtce
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 2
(a) Tamara Lyon, Englewood High School, was not present as scheduled .
(b) Steve Neyer, Chain.an of the Holiday lighting Committee, assisted
by City Clerk Crow, presented ribbons to the winners of the 1989 Holiday
lighting contest as follows:
OLD ENGLEWOOD HOLIDAY
1st 4078 South lincoln Street (Randahl and Tammi Headley)
2nd 4724 South Kala..th Street (Patty Flint)
3rd 4301 South Bannock Street (Cathy Burrage)
TRADITIONAL/RELIGIOUS
1st 3820 South Galapago Street (lynette Warren)
2nd 3201 South Cherokee Street (Ji• and Bonnie Brown)
3rd 2971 South E-.rson Street (Mr. and Mrs . Dwight Latham and Barbara)
ANIMATED HOLIDAY
1st 3270 West Grand Avenue (Patricia lobb)
2nd 3115 South Bannock Street (Mr. and Mrs . Francis J. Keough)
ARTISTIC/BEST LIGHTING
1st 3247 West Pi•l ico Avenue (Jason and Jeff Hagan)
2nd 4301 South Elati Street (Tho. Berube)
3rd 4348 South Elati Street (Herbert E. Soderstra.)
EXCEPTIONAL USE OF PREMISES
3730 South Elatt Street (Robert and Ann Eldridge)
4312 South Jason Street (Wtllt .. P. Meyer)
4303 South Fox Street (Ellen turns)
44M South Delaware Street (T-.y ney)
900 West Tufts Avenue (John and Jennifer Pfetros)
4990 South Elatl Street (Richard Klo.wer)
4491 South Bannock Street (Phillip T. Sl s)
4640 South Wa shington Street (Kay and To. Blun )
4030 South Sh naan Street (Carol Castor ·E wa ll)
PARTICIPATION APPRECIATI
3150 South H g
2775 outh Clar
7.
2711 out
3709 ut
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 3
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(a) Eugene Norman, 4239 South Galapago Street, provided Council with
detailed infor.ation for a grant to explore nu.erous directions of thought and
experi .. nts which he felt would be of benefit to •ankind. It was explained to
Mr. Nor.an that the City did not provide sponsorship or funds for private in -
ventions or enterprises.
(b) Jerry Greenwald, KWIK-Way Cleaners, thanked Council for the oppor -
tunity of providing the City with unifor. cleaning services during 1989 . He
com.ented upon the dedication of the e.ployees of the City.
(c) Ken Waechter, 3127 West Tufts Avenue, expressed several concerns
about fire services, especially for the Centennial area. He specifically
asked about the status of the .utual aid agre ... nt with Sheridan, the closure
of the Federal Fire Station, the lack of uintenance of the fire equiJ)IIIent,
the decision not to purchase the ladder truck, etc. He also inquired whether
the City Council was considering privitization bids for rescue units. Mr.
Fraser infor.ed Mr. Waechter that it is his understanding fro. staff that that
possibility is being reviewed but that no decision has been ude . Mr . Fraser
confir.ed that an offer by a private a.bulance service had been ~de; however
that offer had not been solicited by the City . Mr. Waechter inquired if the
City was proposing to charge citizens for rescue services ; Mr . Fraser s tated
that no proposal has been ~de to change the current ordinance which charge s
non -citizens a transport fee. Mr. Waechter strongly suggested that City Coun -
cil hold a public .. eting to hear directly fro. all citizens about what ki nd s
of fire and pollee services are expected. With reference to the Sheridan
Mutual Aid agree.ent, Mr. Fraser ca..ented that he had not been adv i sed of any
changes; he offered to check Into the utter In light of Mr . Waechter and
Council "--ber Kozacek's ca..ents . Maintenance prlvttization wa s d iscu ssed ;
Mr. Waechter felt the City was not adequately ~intatning Its equtP~~tnt .
Probl .. s which .. Y arise as a result of the nu.ber of .-ploy s have lef
the City for .-ploy.ent elsewhere was discussed .
(d) Allee Allen, 2973 South Santa Fe, Space No . 56, c
Fire OepartMnt had responded al.ast i-.dtately to a fire at t lr .abile
holle . She wished to express thanks for thfs exce ll nt s rv lc . n-
c oura~ Counc t1 to ~It• sure the F t re OepartMnt cont t nued to hav t proper
equiP~~tnt and adequate .. n r to continue prov ding serv ice s l ar to at
she had rece i ved last July . Mayor Van Dy ass ured Ms. Al l tn t at Ci t y Coun-
ctl wu ve r y i ntere sted tn t nta l n l ng t be s t s rv lc stbl for t
c t tz ns o Engl .
a. tlon
on or p
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Englewood Ctty Counctl Mtnutes
Dec .. ber 18, 1989 -Page 4
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(1)
Minutes of the Board of Adjustments and Appeals meeting of November
8, 1989.
Minutes of the Career Service Board meeting of November 16, 1989 .
Minutes of the regular Election Commission meeting of September 26,
1989, and the conference call .eeting of October 5, 1989.
Minutes of the Englewood Downtown Development Authority meeting of
NoveMber 8, 1989.
Minutes of the Fire Retirement Board meeting of November 2, 1989 .
Minutes of the l1 quor l1 cens i ng Authority meetings of November 1
and IS, 1989.
Minutes of the Police Retirement Board meeting of December 12,
1989 .
Council Bill No. 44 for an ordinance approving the letter of agree-
ment between the City and Central Colorado library System to expend
previously awarded federal grant funds.
Council Bill No . 45 for an ordinance subllitting to a vote of the
electorate a Charter a.en~nt changing the effective time for new -
ly elected Council ~rs to take office.
COIIICJL ..0 HATIWMY IIIMD, All» IT MAS SECOMO, TO ACCEPT COIISOO AIEIIDA
ITEMS t (a) THIOUIH (t).
Ayes: Council ~rs Koltay, Hatha way , Kozacek, Byrne ,
Habenicht, Clayton, Van Dyke
Nays : None
Abstain: None
Absent: None
Motion carried .
COUIICIL ...a CLAYTOII 110¥0, All» IT IMS SEa.ID, TO AHIOY£ COIISOO A1E11DA
ITERS I {h) All» (t) AS FOUM:
(h) OftDI • 31, SERIES Of 1919, INTROOUCEO BY COUNCIL MEMBER
HABENICHT (C Jl BILL • 44), ENTITlED :
8E E ClTV Of E lEWOOO CENTRAL
f£D£RAL CIWfT fUNOS PR YIOUSLY
TH liBRARY SERVICES
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Englewood City Council Minutes
December 18, 1989 -Page 5
Motion carried.
10. Public Hearing
(a) Mayor Van Dyke announced the purpose of the Public Hearing is to
consider proposed amend~~ents to the Englewood Municipal Code 1985 regarding
the Sign Code.
COUNCIL _,.0 HATHAMAY NOVED, All» IT liAS SECCIMJ£0, TO OPEJt THE PUILIC HEARING
TO COIISIDO PROPOSED MEIIIIEifTS TO THE Olll.EWOOD fUIICIPAL CODE 1985 ltE&MDING
THE 51111 CODE.
Ayes:
Nays:
Abstain:
Absent :
Motion carried.
Council ~rs Koltay, Hathaway,
Habenicht, Clayton, Van Dyke
None
None
None
Kozacek, Byrne,
Director llanush, duly sworn, provided proof of publication of the notice of
public hearing which appeared in the Englewood Sentinel on Nov~r 30, 1989.
Mr . llanush provided infor.ation concerning the proposed ... ~nts to the Sign
Code which is Incorporated into the Zoning Ordinance of the City of Englewood
and regulates the location, stze and nu.ber of signs throughout the co..unity.
He stated the Intent of the Sign Code is to bahnce the needs of individual
businesses, the needs of safety, and the co..unlty at large. He enu.erated
the var ious proposed changes In the Sign Code, stating aany were of a house -
keepift9 nature. The thrH aatn changes bting proposed are :
1) Higher density residential districts to be separated fro. the single
and two -f .. tly residential districts In ter.s of reguletlon;
Z) Jo nt ID stgns to be per.ttted n t or •re adjec nt property
owners decide to hav a slngl s gn ch would reflec all t businesses ;
and
. Curr ntly
that only o s
Englewood City Council Minutes
December 18, 1989 -Page 6
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Hr . Wanush stated that the type of signs mentioned by Hr. Denny is not cur -
rently permitted nor is there a change proposed. lack of enforcement of the
Sign Code was discussed; however, it was concurred that this complaint should
be dealt with as a separate issue, not as a part of the public hearing . Hr.
Wanush agreed to review Mr. Denny 's complaint.
No further testiMOny was offered .
COUNCIL NEMER HATHAMAY IIIOVED, All) IT W SECOIIDED, TO CLOSE THE PUILIC HEAR IN&.
Ayes:
Nays:
Council MeMbers Koltay, Hathaway, Kozacek , Byrne ,
Habenicht, Clayton, Van Dyke
None
Abstain: None
Absent :
Motion carried. None
(b) COUNCIL NEMER CLAYTOII IIIOVED, All) IT W SECOIIDED, TO APPilOVE AGEN-
DA ITEM 10(b) (COUNCIL IILL 1110. 40), ENTITLED:
OIIDIIWICE 1110. 40, SERIES OF 1Ht
AN OIIDIIWICE MEIIDIN& TITLE 11, CHAPTER 4, SECTIOII 19, EN&LEWOOO UUCIPAL
CODE 1H5, COMPIEHOISIVE ZOIIIN& OIIDIIWICE, REIAIIDIN& THE SIM CODE.
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne,
Nays : Habenicht, Clayton, Van Dyke
None
Abstain : None
Absent :
Motion carried. None
11. Ord t nances , leso 1 ut tons and llot ions
(a) Director Winkle , Library and R creat on Serv ces, pres nted a
reca..endation fro. the Englewood Public Library Board to adopt a bill for an
ordinance approving an agr nt for library Services bet n Englewood Public
Library and th Arapahoe Library Di stri ct. Ms. W nkle xpla ned th s serv ce
uld expand th range of library resources for th eft z ns . Th Cler wa s
as ed to re d Council 8111 • 49, entitled :
c l l BILL 49 , INTRODUCED BY C ll
y,
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 7
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(b) Director Wanush, Department of Community Development, presented a
recommendation to adopt a resolution approving the application for a 1990 Com-
munity Development Block Grant. Mr. Wanush explained the application was for
$454,500 which would allow the City to follow through on two main projects in
which the City has been involved for a nulllber of years -rehabilitation of
single family housing units ($290,000), and replacing and rehabilitating
mobile home units for WHERE, Inc. (SI45,000). He commented upon the low rate
of default (31) which exists in this progra11 . He provided infonRation to
Council about the outstanding balance, explaining that S4.9M had been received
fr0111 various sources for purpose of housing rehab, and of that total Sl . 75M
(351 of the total) is considered a receivable of one kind or another. Of that
351, 291 or $837,000 is receivable to the City and is being returned at an
approxiute rate of $17 ,000 annually. Mr . Wanush further explained the pro -
cess of Hens, etc. Funds appropriated for adllinistration purposes were
explained.
Council Mellber Clayton requested confirution that none of the units to be
rehabilitated are units owned by the Housing Authority, City, or any of its
agencies. Mr. Wanush agreed to investigate and report on the •atter. Mr.
Clayton explained he felt the funds should be used to assist citizens in the
City, not a Housing Authority fund source.
Mr. Wanush stated that the Urban Hollestead Progru was not included in this
grant request as additional infonRation is necessary . This will be presented
to City Council at a later ti ...
The resolution wa s assigned a nu.ber and read by title:
RESOLUTION NO . 76, SERIES Of 1989
A RESOLUTION AUTHORIZING THE CllY Of ENGLEWOOD, THIIOUGH ITS DEPARTMENT OF COM ·
MUNITY DEVELOPMENT, TO FILE M APPLICATION FOR A SINGLE -PURPOSE SMAll CITIES
C(MJNlTY DEVELOPMENT BLOOC GRANT TO Flll) TH HOUSING REHASILITAT ION PROJECT
FOR THE CITY Of ENGLEWOOD, COlORADO, MD FOR ADOPTION Of THE CITIZE N PAR ·
TICIPATJON PLAN .
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Englewood City Council Minutes
Deca.ber 18, 1989 -Page 8
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revenues to the City which included the half-cent sales tax, and, therefore,
had complied with Ordinance No. 61, 1987.
Council Member Hathaway clarified that it has become necessary to incorporate
the half-cent sales tax as revenues for the 1990 budget, and read into the
record the following ca..ents from the staff analysis concerning this matter :
"Due to the City's stagnant econo.ic conditions, the 1990
budget adopted by City Council reflects those conditions in
that all but a •inor portion of 1990 revenues were appropriated
and the revenue associated with the .5 sales tax rate has become
an integral part of the 1990 budget.•
Ms . Hathaway wanted the business cOMmUnity to know that Council is, and will
continue to review this tax.
The resolution was assigned a nu.ber and read by title:
RESOLUTION NO . 77, SERIES OF 1989
A RESOLUTION GIVING NOTICE Of REVIEW OF SALES TAX
CCMKIL IIIOeO NATIWMY RO'ftD, _, IT MS Slc.ED, TO AHIOYE HSOWTIOII 110 .
17, SEII£5 Of lilt.
Council Mellbtr Byrn suggested it uy be possible to ~uce the tax to .4 and
still .. et budget requi~ts, wh ich would show th bu s ness ca..un ty that
Council ts listening to their concerns.
Vote result$:
0
Aye s :
Nays :
Absh n :
Abs nt :
oncarr1
ozace • Byrn ,
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Englewood City Council Minutes
Deca.ber 18, 1989 -Page 9
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The first resolution was assigned a number and read by title:
RESOLUTION NO. 78, SERIES OF 1989
A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL AND
SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990.
COUNCIL MOllER CLAYTON MOVm, MD IT MAS SECCJII)£0, TO APPROVE RESOLUTION NO. 78, SERIES OF 1989.
Council Metlber Habenicht expressed concern about increasing salaries while
revenues are decreasing. She stated she would support the raises, but felt we needed to continue ~nitoring the situation.
Council Metlber Koltay stated he felt the wage increases for the Managerial and
confidential e.ployees should be tn keeping with that increase being offered
by Council to other eMployees, explaining this would be less confusing to the
electorate who are being asked to decide wage utters at the upco.ing Special Election.
COUNCIL IEMO lOLTAY IIDftD, -IT MAS SE~, TO _.., SECTJOII 1 OF
RESOLUTION II». 71, SOlES Of I tit, IIDIUCI. THE liME IICIUSE FR0N 31 TO 2. 71 .
After extensive discussion, vote results on the .atton to .-end were : ~es: Council Mellbers Koltay , Hathway
May s: Council "--Dtrs Byrne , Habenicht, Clayton, Van Dyke Abstain : Council "--Dtr Kozacek
Absent : NoM
Motion to nd failed .
Vote results on approval of Resolut on • 78 , Series of 1989 : ~es : Council rs Byrne, Habenicht, Clayton, Va n D
Mays : Council rs Kolta.y, Hath ay
Abs tat n : Counc t1 r ICozace
Absen :
t on urr ed .
solut on a 11 r nd ld y t t tle :
t
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Englewood City Council Minutes
Dec..O.r 18, 1989 -Page 10
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Vote results on the motion to amend were:
Ayes: Council Me.bers Koltay, Hathaway, Byrne
Nays: Council Me.bers Habenicht, Clayton, Van Dyke
Abstain: Council Me.ber Kozacek
Absent: None
Motion to a~nd failed.
Vote results on approval of Resolution No. 79, Series of 1989 :
Ayes: Council Me.bers Byrne, Habenicht, Clayton, Van Dyke
Nays: Council Me.bers Koltay, Hathaway
Abstain: Council Me.ber Kozacek
Absent: None
Motion carried.
The third resolution was assigned 1 nu.ber and read by title :
RESOLUTION NO . 80, SERIES OF 1989
A RESOLUTION APPROVING A CCMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MAN -
AGERIAL AND SUPERVISORY EMPLOYEES Of THE CITY OF ENGLEWOOD FOR THE YEAR 1990.
CCUICIL ..a CLAYT• IIDVED, ,., IT MAS S£CCIID, TO APPIO¥£ lfSOLUTJ• 110.
10. SOlES Of ltlt.
CCUICIL ..a Ul.TAY IIDVED, ,., IT MAS S£CCIID, TO _., S£CTI• 1 OF
lfSOLUTI. 110. 10, SOlES Of lMt, IIDIUCJ. THE 1MK IIICIOS( FIGII 31 TO 2.71 .
Again, Mr . Koltay co..ented that he was offering this ~~nt for the sa
reasons he had prev ously stated .
Vot results on the 110t on to IMfld
Ayes : Council
lhys : Counc 1
Abstain :
Ab t :
on to carr ld .
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re :
rs KoltlY, Hathaway , Kozac , Byrn
rs Habenicht , Clayton, Van Dy
rt
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Englewood City Council Minutes
Dece.ber 18, 1989 -Page 11
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Ayes:
Nays:
Council Me.bers Koltay, Hathaway, Byrne, Van Dyke
Council Me.bers Clayton, Habenicht
Abstain: Council Me.ber Kozacek
Absent: None
Motion carried.
COUIICIL ~ CLAYTCII MOVED, All) IT MAS SECCimD, TO RECESS.
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne ,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain : None
Absent: None
Motion carried; the .eeting recessed at 9:22 p.•.
The .eeting reconvened at 9:34 p.•. with all ...O.rs present .
COUIICIL ..at lmE ROVED, -IT IMS SECCII)£D, TO IECCIISIDEI IESOLUTIOIC MO.
10, a..1• THE 2.n SALMY IIICI£ASE UCI TO ft.
Ayes : Council Me.bers Byrne, Habenicht, Clayton, Van Dyke
Nays : Council "--bers Koltay , Hathaway
Abstain : Council "'-ber Kozacek
Absent : None
Motion carried.
The fourth resolution was assigned 1 nu.ber and read by title :
RESOLUTION NO . 81 , SERIES Of 1989
A RESOLUTION APPROVING A tclftNSATIOIC PLAIII SYSTDt FOR MMAGERIAL Nl> SUPER -
VISORY EMPLOYEES Of THE CITY Of ENGLEWOOD FIRE OEPARTJOT FOR THE YEAR 1990 .
COUIICIL ._. CLAYTCII .wED, -IT IMS SU .0, TO AIPUVE IUOUifl. MO .
11, SEIIU Of lMt.
COUIICIL ._. ULTAY .wED, -IT IMS ~. TO _., SECTICII l Of
lfSOUITICII MO . 11, SEIIES Of lMt, Maltl THE IICI£ASE ,_ ft TO 2.n.
Dy
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Englewood Ctty Council llltnutes
Decellber 18, 1989 -'•ve 12
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Council Netlber Kolhy stated he did not wish the e~~ployees to perceive his
atte.pts to reduce the percent of salary increase as a reflection upon their
perfonaance or abilities. Even though he realized these salaries were not to
be covered by the election wage issues, he felt the electorate would be con -
fused by the percentages being offered various e.ployee groups. He also felt
these resolutions could have been reintroduced after the election to a~~~en d those salaries.
Council Me.ber Kozacek ca..ented upon the lack of willingness of the e.ployees
to accept lo.er pay so that levels of service could be ~intained .
Council Me.ber Byrne stressed the need for a "pay for perfonaance• plan in
order to effectively reward those e.ployees who actually deserve ~re pay .
(e) Dil'eetor fonda, presented a reca..endation fro. the Bi -City Super -
visory Ca..ittee to approve cleaning of one digester at the Bi-Ci ty Wastewater
Treat.ent Plant by liquid Waste Managaent, Inc ., the low bidder . Mr . fonda
explained that the cost of S73,500 is included in the 1989 Bi -City WVTP budge
and will be shared by both cities bued on ratio of nows . During th is clean -
ing process, staff will observe the procedures follo.ed by liquid Wute Man -
age.ent, Inc ., and then uy be able to undertake the clunfng of the other t
digesters durtng the next year . Mr. fonda stated the 1110rll; would take approx
utely t1110 ~ths and he could not guarantee an odorless process . It wa s sug -
gested that public notices should be given to explain tile procedure so th
citizens would be •are of the process . As this is a hazardous process , t
question of liability on the part of the Ctty was discussed .
CGIIICIL ._. IMIBIICifr MID, -IT 11U sa:-... T1 ~ TilE CUMr•
OF a. DIIOTD IY LIQUID IIUTl -..w1. lit., II"-~ OF $73,500 .
Ayes : Council ...._rs Koltay, Hath-. , Kozacek , Byrne ,
Mlys :
Absta in:
Absent :
t f on carried .
(
Maben cht, ClaytCMI, Van Dyke ....
None
None
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SUia:D, Tl .I
olt , H
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Englewood City Council IUnutes
Deca.ber 18, 1989 -Page 13
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process equi~nt needed for the Bi -Ci ty Wastewater TreatMent Plant Improve -
ments. Mr. Fonda explained the advantages of advance bidding for the prepur -
chase of this equi~nt as part of the extensive improvements to the plan .
He stated the total cost of $757 ,000 for the four bid items is SllZ 000 less
than the engineers ' esti.ation , and represents a good value for both cities .
COUIICIL -.o CLAYTCII IIOYED, M1J IT MAS SECCJM)[D, TO APPitOYE THE AMARO FOR
EQUIMEIIT PI£PIIICHASE FOI PIOCESS EQUIMEJIT IIE£DED FOI THE II-CITY MASTEIIATER TIEATREJIT PlMT.
Ayes : Council Me.bers Koltay, Hathaway , Kozacek , Byrne,
Habenicht, Clayton, Van Dyke Nays: None
Abstain : None
Absent : None
Mot ion carried. Mr . Clayton co..ented that the Was t ewater Treat~nt Plant ha s
recently received the Region VIII Beneficial Sludge Trea~nt Award fro. EPA .
Mr . Clayton credited Mr . Fonda fort is award on behalf of the City .
(f) Director Barthlo.e , presented a reco..endation fro. the Ad.in istra -
tive Services Depart.llent to approve by .,tiona con ract for supply of uni -fo~s for non -e.ergency, pol ice and f r personnel . Ms. Bart lo.e expla in d
that an evaluation of t bids rece ved indicated th 1 s acceptable c -
petit he b d was rece ved fn~e v 's Un fo~s. Inc ., and s rec nded
cont nct with ve 's be ~p~~roved . Process used to evaluate bids was u:-
pla i ned . Ms . Barthlo.e assured Council that ve 's perfor.ance during past several years as been very s at s factor .
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Engle.ood City Council Rinutes
Dec811ber 18. 1989 -Page 14
the f~cilities ~nd equi~nt she felt P1yless Cle1ners could ca.ply with the
City 's require.ents.
COlll:ll ..a CUYT. IIMD. -IT liAS SECCIIIED. TO APflltOWE THE l.MII)IY All)
.. y CLEMI. SDlYIC£5 CCIITUCT Fll 1110-91 Fll --EM'dEM:f • POLICE Ml) FIRE
PEISCIIIEL -~~ WITH PAYUSS a LWRS.
Ms. Bnthla.e expliined further the process followd to estiute the 1nnu1 l
costs for 1990-91. Methods followd to 1ssure the City is not chuged for
person1l cluning were detliled. Council MelDer Koz1celt shted he would be
opposing this IWird bAsed on the flct there WIS no pen~lty cliuse in the con -
tnct 1nd hAd reserVItions 1bout the firas lbility to perfo,.. 1dequ1tely .
Vote results:
Ayes :
NAys :
Abshin :
Absent :
Motion curled .
Counc 11 Mellbers l(o 1 tly , H1thw1y , Byrne , H1ben i cht ,
Cllyton , Yin Dylte
Council MelDer Kozacelt
None
None
(h) City Mln~ger fruer presented 1 rec~tion fro. the Public
Works Deplrt.ftt to ~rove by •tt on 1 c ontrKt for Ja lorhl Serv ice s
between the Ctty of Englewood and SullshtM Jaa i tor 11. • fnser exph i ned
the serv ce level of the cu"""t veftdor hd decliMd ower the past yeu , 1nd
tt was felt a change was necess1ry . f ft -..dors were 1s to b i d ; bi ds
were received fro. th,.... Of lhoH three , Sullsht Ju t tor t 1l It S4 , 100 per
_,..th is the la.est .c.ceptlble b i d .
ot . •
NAy s:
Absta t
Ab sen
urr ed .
(t) 1y. Jl
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Engle.ood City Council Ninutes
Decellber 18, 1989 -Page 15
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Ayes:
N1ys:
Council Me.bers Kolt1y, Hathaway, Kozacek, Byrne ,
H1benicht, Cl1yton, V1n Dyke
None
Abshin: None
Absent: None
Motion curied.
13. City Attorney's t.,on
(a) Mr. DeWitt tran111itted copies of 1) Allen Water Treat.llent Pllnt
Cease and Desist Order and notke of assesment of penalty by the Color1do
Depart.llent of Health· and 2) lnteri• CERCLA icipa1 Settle.ent Policy.
(b) Mr. DeWitt announced that Charles Gri•, Assishnt City Attorney ,
had been na.ed •Outstanding Assistant City Attorney• by his peers in the
Metropolitan City Attorney Association.
14. &eneral Discussion
(a) Mayor 's Choice
Mayor Van Dyke ca..ented that this is the last official 1989 Council ~ting .
She stated she has enjoyed working with the current council liMbers and s e
felt the Counctl had heed hard issues ic she hoped had been resolved i
the best interest of the c-.nity. She also ca.ented that she loots forw1rd
to 1990 and working with the new council liMbers as wll.
(b) Counc 1 ~r 's Choice
•
•
Englewood City Council IUnutes
Deca.ber 18. 1989 -Page 16
(iv) Council Me.ber Clayton presented copies of Council Bill No .
47 calling for a Charter uendllent relative to iJIIPasse elections . He ex-
plained that if approved , the Charter would be uended to require the Ci y 's
Financial Depart.ent to esti.ate the financial i~act of each alternative sin -
gle .easure with that infor.ation so noted on the ballot. Mr . Clayton felt i
i~ortant that the citizens have a clear view of what they are voting upon and
what the i~act would be . The suggested wording would uend Section 137 :6
wh ich would then read:
137 :6 IMP~SE RESOLUTIC*
EACH ALTERNATIVE SINGLE MEASURE <* THE BAllOT SU~ITIEO TO AN ElEC -
TUII AS A RESULT Of AN EMPLOYEE I ASS£ SHAll INCLUDE A STATEME T
PltEPARED B THE CITY 'S FINANCIAl DEPARTIOT STATING THE FINANCIAL
IMPACT Of EACH ALTERNATIVE SINGLE MEASURE FOR THE NEXT YEARS .
The Clerk wa s asked to read Council Bill 47, entitled:
COUNCil BILL IlL 47, IIITROOUCED BY COUNCIL ER CLAYT<*
A Bill FOR ORDI E ITII TO A VOTE Of THE QUALIFIED £LECTORS Of
CITY Of EMGll'WOOO AT A SPECIAL ELECTION TO BE HELD ON 30 , 1990,
POSED T TO THE CHMTER Of TH£ CITY Of £WOOD RELATI TO THE Fl
ClAL I T Of I ASSE ISSUES DEC I RG
CCUICIL .,_. CLAm. ..0. -IT laS SO:..U. TO APPI8V£ • FIIST IODI
CCUICIL IIU •. 47. miD If 1
•
Englwood City Council R1nutes
o.c.ber 11, lilt -hge 17
..
•
• •
~es: Council ~rs KoltAy, HathAway, Kozacek, Byrne ,
HAbenicht, Clayton, VAn Dyke
IIAys: llone
Abstain: llone
Absent: llone
I'Dtion to .eftd curied.
After further discussion, Council ~r Cliyton called for the question ; ote
~sults:
~s: Council Nl!lllbers Koltay, tt.thMMy, Koucek , Chyton,
Van Dytte
"-ys: Council Nl!lllbers Byrne, tt.benicht
Abstain: Mone
Absent: 11oM
Mr. DeVitt stated that since this council bill carried 1ft -rgency clAuse
requiring unani.ous approval, it does not PISS with ..ergency status; it does
PISS u 1 "'9Ular council bill on first ~lding, but the ordinance could not
beca. effective in ti• for inclusion on the January 30th ballot . The proper
way to -...d the council bill befo~ second ~lding was discussed . It was
confirwed t at the Clert should publish Council Bill 47 u .ended in t e
legal publ cat ons of t Engl..ood SenttMl .
"-Yor Ya Dyb encouraged . Clayton to .ortt w th . i tt n an effort to
redraft the cOU:ftCil bill so that t is quest on could be tnclllded on 1 futu~
ballot.
(v) Council ~ ic t pnsernted cotti•s of Council I 11 .
41 , S.r •s of ltlt, with ref......c• to Co.c 1 ftts. Cl• .as as ed
to reid C..Cil ltll lo . 41, titled :
ll
1
Engl..aod C1tJ Council R1nutes
o.c.ber 11. 1 tit -Page 11
..
•
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CCUICIL ...0 UZACEit ROVED TO MDI) COliiCIL llll 110. 48 TO INDICATE SERIES
Of 1990 IIISTDD Of 1919.
Ayes: Council Me.bers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Cl ayton , Van Dyke
Mays : llone
Absta in: None
Absent : llone
Mot ion to .end carried .
Council Me.ber Habenicht thanked Council, stat ing that with the unani~us sup -
port of Council on this issue, both at this .eeting and the next one in
January, the decision of this di fficult and controversial issue will rest with
the people.
Council "--ber Kozacek reiterated that approval .ust be unani~us if it 's to
appear on the Janu ary 30th Special Election ballot.
Vote results :
Ayes : Council Hat away , ouce • Ha ic ,
Clayton,
Rays : Counc i1
Absta in:
Absent :
Motion carr ed; ._.ver, due to l"f"CY clause s ap ·
proval, COUftC11 1111 . 41 does Mt pass • t
CCMmC 1
rea ons :
1)
2 )
3 )
r IYTM of ered a upla at
Engl~ City Council Ninutes
Dec811ber 18, ltlt -Page lt
•
• -
Mr. Bullock expressed his concurrence with Council Me.ber Byrne 's statements
regarding Council e.ollients . He regretted that Council Me.ber Byrne had not
been privy to the discussions and agreet~ent reached during this evening 's
study session. If given an opportunity to reconsider approval of Council Bill
No. 48 , he urged Ns. Iyme 's support of it, so the .. tter could be decided by
the people at the January 30th Special Election. He assured Ms . Byrne that he
and Mr . Wiggins had both agi"Hd to support the unani.,us passage of Council Bill No. 48 .
After further discussion:
COllltiL ... UZAak DO, -IT IMS SU.O, TO I£CCIISJDO COllltll IILL 110. 41.
r . DeWitt was requested to deter.ine who could properly .,ve to reconsider .
Counctl r Kozacek withdrew his .,tion pending Mr . DeWitt 's review.
(vi) Council Me.Der Hath-..y presented copies of Council Bill o.
46 .1 regarding residency and age requiraent of councilpersons. The Clerk was asked to read Council Bfll . 46 .1, entitled:
COUNCIL BILL NO. 46 .1, INTIIOOUCEO BY COUNCIL MDII£R HA
A BILL FOR M ORDJ E SUMiniNG TO A VOTE Of THE QUAlifiED ELECTORS Of THE
£WOoD AT A SPECIAL ELECTIOM TO BE HELD OM JMUARY 30, 1990, PRO -
POSED MEl TO THE CfWtTER Of TH£ CITY Of EIIGLEWOOD RELATI TO AGE
RESI Y I£QUIROOTS Of NENERS Of Tlt£ CITY COUNCIL All) DECI.ARJ [Jit(RS[)II(y .
I
Englewood City Council Ninutes
Decellber 18, 1989 -Page 20
•
• •
not be effective in tiMe to be included as a ballot question for the Special Election .
(vii) Council Me.ber Habenicht stated she wished to introduce an -
other Council Bill and asked the Clerk to read Council Bill No. 46.2, entitled:
COUNCIL BILL NO . 46.2, INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE SUBNITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE
CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON JANUARY 30, 1990, PRO-
POSED AMOIKNT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND
RESIDENCY REQUIREMNTS OF N£MB£RS OF THE CITY COUNCIL AND DECLARING AN EMERGENCY.
COUIICIL IEMO IIAIDIICNT IIDVID, Ml) IT MAS SE~. TO APPIOYE 011 FIRST READ-
Ill& COUIICIL IIU ... 41.2, SERIES Of 1tlt.
Council Me.ber Hithaway stated she would be opposing passage of Council Bi 11
No. 46.2 as she does believe the age requiret~ent needs to be changed fr0111 25
to 21 and this version of the Council Bill does not address that issue .
Council r Habefticht stated she would be willing to vote for another b 11
which would address just the age requl"-'tt as a sepante ballot issue , but
she reiterated she was opposed to tying t together as one ballot issue .
There was further discussion before the vot was called for; vote results :
~s : COUftCtl r olta,Y , lynte, Hibenicht, Ch,Yton, Van Dyke
Count 1 , once
IIIOUs suppor
ul d
~stfon fort S ci al
I
Englewood City Council Minutes
Deca.ber 18, 1981 -'age 21
•
• •
•~tter w~s discussed with sever~l council ~rs expressing opposition to
such ~ plan.
It wAs indicated thAt Mr. Bullock would like to speAk again.
CCUI:Il 1010 Cl.AYTCII MDYED, _, IT MAS S£CCIID, TO SUSfl£11) THE llULES TO
fiEIIIIIT .. • MLOCI TO SPOIC TO CCIUIIt ll.
~s: Council Mellber Koltay, HAthaway, Koucek, Byrne ,
Habenicht , Clayton, VAn Dyke
Nays: lllone
Abstain: None
Absent: None
Motion carried.
Mr. Bullock concurred in Ms. Byrne 's concems about the possibility thAt Coun -
cil could continue to vote ..,llients ; '"*ever , he suggested that unAnt•us
approval of Council Bill No . 48 would be tn the best interest of the Council
At this point in tt ...
Council .....,.r Byrne stated in light of Mr . Bullock 's reMrks and given the
fAct the Insurance issue wa s so i.,ortant tn the outca~e of the lAst elect on.
she would reconsider her vote on Council ltll No . 48 .
Further discussion ensued conceml"t ot r •thods the citizens of the COII -
.untty can resort to tf they fMl spectftc council lllllbers Are abus t"' t t r powers .
aultll .... -.arr ..U,-IT laS SBIIIEI, Ftl MSUK W aultll IILL •• uu-.,.
Ayes :
-.ys :
Abstain :
Abs t :
tton carrt
TO ...
Kouce, Iyme,
It U : p •••
•
•
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CITY CGUIICIL MEIIlA STATUS IIEPORT
FOI THE DEC~ 18, 1989 CITY CCUI:IL NEETIIIi
Agend• Origin•ting
Ite. De •rt.ent Oescr i tlon Action hlten
fl E
6A R
68
7A C
7
7
COUNCIL MINUTES 12/4/89
(KOZAC CLAYTON)
STU0£NTS OF £ l
REQUESTED Fliii)S HIGH SCHOOL
HOLIDAY ll GHTI
nr
APPROVED 7-0
£ -DID NOT APPEA
J •
fo11 -u
COPIES TO BE DISTRIBUTED
S PR SENT£0
STJ
10£
TO
•
• .. -
Agend1 Originiting
ltet1 De 1rt~~ent Description
9H li8R/RECR j' ORD.I38(C8144 INTR0.8V HA80UCHT)
91 CMGR
lOA C<MI O£V
APPROVING lETTER OF AGREENEWT WITH C£N.COlO.li8.SVST£M
ORD.I39(C8 45 INTA0 .8V KOlTAV)
CHARTER AN£NOM£NT RE EFFECTIVE
TERMS OF NOll V ElECT£0 CCQitflPEA
(CLAYTON/HABENICHT)
PUBliC HEARING RE SIGM COO£
OIA.MANUSH PRfSENT£0 TESTI~
Action hken
)
)
)
)
)APPROV£:0 7-0
)
)
)
)
808 , IWWJWAV NUO, l990 S
OUESTION£0 I 1ST£ IES IN ORC
Of fW>VISJ Of Sf COO£
• WT
AI'PII0¥£0 1·0
ItA
.lll. £0 7-0
AHQI£0 7 0
II
Follow -u
TO 8E PUBLISHED ON FINAL
12 /21/89 ; liBR/RECR TO SECURE
SIGNATURES & FILE COPY WITH CITY ClERK
TO 8£ PU8ll SHED ON Fl HAl
12 /21/89; QUESTION TO 8E ON
SPEC.El .BAllOT 1/30/89
CHARGE OF I ONSIST£ IES TO
8E INVESTIGATED AND RESOlVED
TO PU8 !SHED FINAl
IZ/21/89; COO£ TO 8. D
4TH QTft . lt89
D
•
• •
0
Agend~ Origin~ting
Ite. Dep~rt~nt Action Taken Follow -up
RESOI79 -1990 COMP£NSATION PLAN FOR APPROVED 4-2-1 31 INCREASE TO BE EFFECTIVE
POliCE DEPT. MANAGERIAL EMPLOYEES AFTER AMEND. FAILED 1/1/90 (CLAYTON/HABENICHT)
RESOI80 -1990 CONPENSATJON PLAN FOR APPROVED 4·2-1 31 INCREASE TO BE EFFECTIVE GEN.SERVICES MMG£RIAL/SUPERY.EMPS. AFTER RECONSIDERATION 1/1/90 (CLAYTON/BYRNE)
RESOI81 -1990 CONPENSATION PLAN FOR APPROVED 4-2-1 31 INCREASE TO 8 EFFECTIVE FIRE DEPT. MANAGERIAL ENPLOY££S AFTER AMEND . FAILED 1/1/90 (CLAYTON/BYRNE)
llE UTIL/WTP 'IJTION TO AIMaD DICi£STEl CLEMING
TO LIQUID WASTE WT . I APPfi0¥£0 7-0 WTP TO PROC££0 : PROVIO£
COPY Of CONTRACT TO CITY
CLE (HABENICHT/KOZACEK)
IIF S RV 1910 -91 UNJf
llG S RV
llH
lll UTJ
I A
APPfi0¥£0 7 • 0
Al'fii!IW( 0 7 0
~.S RY . TO PROCE D; PROVIO
COPY Of C T T TO CITY CL
TO
•
•
Agenda Originating
Item DepartMent Description Action liken Follow -u
CONTINUED
13A CATTY
14A CMGR
148f CMGR
148i f CMGR
UB I I C R
14 "'
u ' t
TO ZS LATER IN YEAR SUBJECT TO MEDIAN
SURVEY
TRANSMITTED COPIES : CEASE l DESIST
ORDER, COLO. HEALTH DEPT 'S ASSESSMENT
OF AllEN WATER PLANT DISCHARGE; NEW
EPA INTERIM MUNICIPAL SETTLEMENT
POLICY. ANNOUNCED C. GRI"''S
DESIGNATION AS "OUTSTANDING ASSISTANT
ATTORNEY IN THE METRO CITY ATTORNEY
ASSOCIATION".
MYOR VAN DYKE CCIItENTED THAT THIS WAS THE fiNAl OfFICIAl MEETING OF 1989 ; STATED SHE IS
LOOKING FORWARD TO WORKING VITH THE NfV CWKil ; WISHED EVERYONE HOLIDAY GREETINGS .
KOLTAY DISPELLED RUMORS RE 1) COUNCIL PROVIDING FRASER WITH Sll 000 FOR HOUSI IN E LEWOOO ;
ASKED FRASER IF H HAD APPLIED FOR THE CITY IWWiER POSITION IN AURORA ; FRASER : •NO!"
KOZACEK SUfiMITTED LETTER OF RESIGNATION FROM VARIOUS BOAIOS l CtJIUSSIONS TO 8 OFF IC lA l Y
ACCEPTED l/8/90 ; WISH S TO R~IN AS CITIZEN R Of FIR SERVICES DELIVERY C ITT £ .
) ; A
U/ l /
14Bvli CHGR
Agend1 Origin1ting
Ita. Oepart.ent
14Bviii CHGR
PRESEJIT :
ADJOUIII£D :
•
• •
0
HABENICHT MOVED CBI46.Z WITH EMERGENCY CLAUSE (RE: RESIDENCY REQUIREMENTS); CB146.Z APPROVED
5-Z (HATHAWAY/KOZACEK); ORDINANCE PASSED BUT NOT ON EMERGENCY BASIS. TO BE PUBLISHED
12/21/89 l SCHEDULED FOR S£C(Jtl) READING 1/8/90 .
De script ion Action liken Follow -up V'
KOZACEK MOVED TO RECONSIDER C8148 ; APPROVED 7-0
HABENICHT MOVED TO APPROVE C8148 AS MENDED; APPROVED 7-0 ; C8148 UIWUMOUSLY APPROVED SO
EM£KEIICY CLAUSE PREVAILS All) IF APPROVED UIIMIMOUSLY ON S£COfl) READING 1/8/89 WILL BE
INCLUDED ON SPECIAL ELECTION BALLOT. TO BE I'UBLISHED 12/21/89.
All SEVEN MOIBERS
ll :lO P ....
I '·
•
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.
1-t L ..._
{ I I l ( l. t~ _,/' -· -"
' "'~
t. { ,. "
('" AGEtmA FOR THE
~ I' REGULAR MEETING OF l) .., I
THE ENGLEWOOD CITY COUNCIL
r" DECEMBER 18, 1989
7:JO P.M.
1. Call to order.
2 . Invocation .
J . Pledge of llegi nee.
4. Roll C 11.
Hinu s .
( )
6. Pre-Sch dul Viaitora. (Ple se liait your pr • ntation
o t n ainut •.)
( ) Lyon an r a udenta fro Enql wood Hiqh
at funda for n
a Dep rt nt i•
•• I
City Council Agenda
December la, 1989
Page 2
9. Consent Agenda.
Accept
•
• •
((a)
I
I <b>
Minutes from the Board of Adjustments and Appeals
Meeting of November a, 19a9.
Minutes of the Career Service Board Meeting of November 16, 19a9.
(c) Minutes of the regular Election Commission Meet ing
of September 26, 19a9, and the Conference Call
Meeting of October 5 , 19a9.
(d) Minute s of the Englewood Downtown Development
Authority Meeting of Nov l"mber a, 19a9.
(e) Minutes of the Fire Retirement Board Meeting of
November 2, 19a9.
(f) Hinut s o! the Liquor Licensing Author ity Meet ings
or November 1, 1989 and Nov mber 1 5 , 1 989.
(g) Minutes or the Polic R tirement Board Meeting o!
December 12, 1989.
el~ite?A/N~ .M
An ordin nc approving the letter o!
betw en the City nd centr 1 Color do
Syatea to expend previoualy aw rd d t
tunda. 3q
An ordin ne ch nqinq ett
el et d council aeabera o
gree• nt
Library
der l gr nt
i • tor n wly
ottiee.
7-(.)
in
7·6
ion ot
iqn
I
City Council Agenda
December 18, 1989
Page 3
•
• •
11. Ordinances, Resolutions , and Motions.
Recommendation from the Library and Recreation
Services Department to adopt a bill for an
ordinance approving an agreement for Library
Services betwee n ~PL and ~he Arapahoe Library
District. #.< tL<,c..: •-A-I-/ /~ t-1-\...J>--
Recommendation from the Department of Community
Development to adopt a resolution approving tho
appli ca tion for a 1990 Co mmu nity Development Dlock
,..---,_-\--.Grant in the amount of $454,500. ~......:-~e'f/1/,.-f. • ;,A-/ I"---
tor
l tor
I .
City council Agenda
December 18, 1989
Page 4
14. General Discussion.
(a) Mayor's Choice.
//. 201'
•
• •
•
-•
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PUILIC COMMENT ROSTER
DATE: DECENIER 18, lt8t
MY PERSON MY SPEAK ON MntiS Ita ,_ --ITEIS FOR A WIIIJM OF FIVE
UIITES. EACH SUCH PERSON SHOULD SIM THIS PUBLIC COMMENT ROSTER, STATING NME, ADDitESS, MD TOPIC OF COMMENT.
THOSE P£lSOIIS 1110 IIISH TO SPEAK Ill FAVOR OF OR Ill OPPOSITION TO A PUBLIC
HURl• SHOULD SIM THE APPL.ICAILE PUILIC HURl• llOSTER.
PLW£ PI lifT.
•
• •
GENERAL MEIIDA ITEJII COMEJIIT ROSTER
DATE: DECEMBER 18, 1989
MY PERSOII MY SPEAK COIICERIIIIII _, -ITB. EACH SUCH PERSON IIIST SIGN
THIS IOSTEI, STATJIII liME, ADDitESS, All) MEJIIDA ITEJII .... ER. PLEASE LIMIT YOUR
COMEJIITS TO FIVE MINUTES.
THOSE PEISOIIS 1110 WISH TO SPEAK IN FAVOI OF 01 IN OPPOSITION TO A PUILIC
HEAIIIII, SIIIUlD SIM THE APPLICABLE PUIUC HEAIIIII ROSTER.
PLEASE PRINT .
--ITDI •.
I .
I. Call to Order
•
• •
ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Session
Decet~~ber 4, I 989
The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:38 p.m.
Z. Invocation
The invocation was given by Council MeMber Koltay .
3 . Pledge of Al legiance
The Pledge of Allegiance was led by Mayor Van Dyke .
4. Roll Call
Present : Council ~rs Hathaway, Koltay , Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Absent : None
A quoru• was present .
Al so prtsent :
S. Mt nutes
(a) C
IUNUTU Of
Ci ty Manager fraser
Ci ty Attorney OtW f tt
City Cle rk Cr
Di r ec t or Wink le, li br ary and Rtcrt at ton
TN
•
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Englewood City Council Minutes
December 4, 1989 -Page 2
Ms. Habenicht felt it appropriate to list her specific reasons
for proposing the above amendment and enumerated them as follows :
1.
z.
3 .
4 .
5.
6 .
7 .
8 .
9 .
10 .
11.
JZ .
13 .
14 .
JS .
16 .
11 .
l .
Jt .
Zl.
Englewood Police manning levels have been appropriate to the commun i ty 's needs .
Crime in Englewood is increasing .
There i s evidence of gang activity i n Englewood.
Police and f i re protection i s a primary concern of businesses .
With increased crime activ i ty , fewer patrols can be spared
for resident i al patrol and for traff i c patrol.
There is a r ise i n s ki nh ead an d s at ani st act i vity at Engle -wood Hi gh Schoo l .
Ci t i ze ns compla i n they are s eei ng f ewer patrol s i n re s iden -t ial areas.
Compared t o other ci t ies i n study, part on e cr ime is hi gh -es t in Engle wood.
Pa rt one crimes incre ase with increased eco nomic ac t i vi ty .
Cuts, coupled with incrused crf111e dem ands affec t pub lic
relations (which includes DAR E, Operati on 10, Nei ghbo r hood Watch, etc .)
Of all the compared cities that have more officers t han
Englewood, all have more population, and of t hose Thor nt on ha d f r part one cri~~~es .
Englewood is fourth in the nulllber of part one crf~~~es per ca..tssioned officer .
The tr1ining schedule alone 1ccounts fo r one full tiMe Pl · trol officer not assigned to patrol .
Dur i ng August, 1989, 271 of pol l ee Pllrol t i .. wa s lv all -lble for rout ne patrol .
Df r c tor Shnley sllttd th1t 25 -351 of pol ic e patrol t ""
lVI llblt f or routine Pltrol w1s 1n lppropr f ate level, and lh1t 27 w1 s lpproa chl ng th 1 end .
l r r s po nse t f for rg ncy Cll ls c1n be xp l l i ned by
of rtc r s gofng fr011 calJ to ull I n hi gh c r t ne~s , ic h
could 1lso expl a i n th hi g r rts pO se t 1 f or non r -
cy Cl lls • c1us h r re _r PI rols 1va l 1ble for routt p trol.
t 1 1
55 ( 0
l ).
s
11 ; 53 In 17; 52
49 " 90 ( r
I
I
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Englewood City Council Minutes
December 4, 1989 -Page 3
scheduling than does the financial equivalent i n overtime.
25. The rescue equipment that has been out of service can be
put into service from ex is ting budget.
26. Because of the stress of a dispatcher 's job, job turnover ,
and the amount of time it takes to train a dispat cher, an
additional dispatcher could be a floater position, trainer,
back-up , and provide more consistent dispatch service.
COUNCIL MEMIER KOZACEK AMENDED HIS MOTION TO APPROVE THE MINUTES OF THE REGU-LAR MEETING OF NOVEMBER 20, 1989, WITH THE NOTED AMENDMENTS.
Ayes : Council Members Koltay, Hathaway, Kozacek, Byrne,
Nay s: Haben icht, Clayton, Van Dyke
None
Non e
None
Abstl fn:
Absent :
Motion carried.
• • * • •
CLERK'S VERIFICATION OF DATA REGARDING CONSENT AGENDA ITEMS 9 (f), (g), and
(h) BEING CONSIDERED SEPARATELY AT THE NOVEMBER 20, 1989 COUNCIL MEETING :
The •inutes of Nove.ber 20, 1989, correctly reflect the actfon taken by Coun -
cil. At the Nove.ber 20, 1989, .. ettng, Councii Me.Cer Kozacek ~ved to with-
draw ltM 9 (g) fr011 the Consent Agenda; before a second wu 111de or actton
taken, Council "'-btr Habenicht ~vtd to withdraw It .. s 9 (f) and (h); before
a second wu 111de or act ion taken, Counci l "'-btr Clayton ~ved, and it "IS
seconded by Council "'-ber Kozacek, to consider Agenda It s 9 (f), (g), and
(h) separately. Based on this info~tlon, no a.eno.tnt was 111de to the •f · nutes relative to the ~tlon to withdraw.
• * • • •
6. 're-scheduled Vtsttors
Th re re no Pre -sc eduled is tors .
7. Non -s cheduled Vtsttors
I
Englewood City Council Minutes
December 4, 1989 -Page 4
8. Com.unications and Procla.ations
•
• •
(a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED TO PROCLAIM THE
WEEK OF DECEMBER 10 THROUGH 1&, 1989, AS "DRUNK AND DRUGGED DRIVING AWARENESS
WEEK.• Council Member Hathaway encouraged citizens to participate in this
awareness week by tying a red ribbon to a visible location on their vehicles;
she stated that 7-Eleven stores are providing red ribbons upon request as a part of this awareness week . Vote results:
Ayes: Council Members Koltay, Hathaway , Kozacek, Byrne, Habenicht, Clayton, Van Dyke None
None
Nays:
Abstain :
Absent : Motion carried. None
9. Consent Agenda
(a)
(b)
(c)
(d)
(e)
(f)
Minutes of the Career Service Board Special Henings held on Oc-tober 12 and NoveMber 1 , 1989.
Minutes of the Englewood Downtown Development Authority -.etlng of October 11, 1989.
Minutes of the Englewood Parks and Recreation Ca..isslon -.eting of NovMber 9, 1989 .
Minutes of the Englewood Public library Board -.etlng of Novtllber 14. 1989.
Council Bill No. 41 for an ordinance approving the resubdtvlslon of
Yale/Tejon Industrial Park and an adjoin ing unplatted parcel to be known as Natkln Industrial Park.
Council Bill No. 43 for an ordinance approv ing a contract with the Colorado Otpart-.nt of Highways on Santa Fe l~rov nts.
COUNCIL ..,_. KOZAcDt MOVED, AND JT WAS SECOM)ED, TO ACCE'T CCIMOO MODA ITOIS t (a) ~ (d).
~es: Council rs Koltay, Hathaway, Kozacek, Byrn ,
c
If
llays :
Absta n:
Abs nt :
on Clrrftd .
( )
Habenicht, Clayton, Van Dyke Non
n
on
IT
0 I C ll R
I
Englewood City Council Minutes o.c .. ber 4, lt8t -Page 5
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AN ORDINANCE APPROVING FIRST SUPPLEMENTAL CONTRACT WITH THE STATE DEPARTMENT
OF HIGHWAYS IN CONJUNCTION WITH THE SANTA FE AND DARTMOUTH IMPROVEMENTS.
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
10 . Public Hearing
Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None
None
None
No public hearing was scheduled .
11 . Ordinances, Resolutions and Motions
(a) Director Winkle presented a recOMendltion from the library and
Recreation DepartMent to adopt a bill for an ordinance approv i ng the letter of
agr eeeent between the City and Central Colorado library Syst... Ms . Winkle
explained the ordinance would allow expenditure of previously approved federal
grant funds in the 1110unt of Sl3,240 to purchase and i nstall hardware and
software for a CD -ROM Reference Center . Counc i l Mt.ber Byrne co.pli .. nted Ms .
Winkle and the library staff for their efforts to keep on top of recent tech -
nology wh i ch benefit the l i brary and the co..un i ty it serves . The Clerk was asked to read Council Bill No . 44 , ent i tled :
COUNCIL Bill NO . 44, INTRODUCED BY COUNCIL MEMBER HABENICHT
A Bill FOA AN OAOINANCE APPROVING AN AGREEMENT BETWE EN CITY OF ENG LEWOOD AND
CENTRAL COLORADO LIBRARY SYSTEM TO EXPEND THE FEDERAL GRANT FUNDS PREVIOUSLY
AWARDED TO THE CITY BY THE COLORADO STA TE LIBRARY UNDER THE l iBRARY SERVICES CONST RUC TION ACT.
COUNCIL MMEl HAIDUCHT MOVED, AND IT W Sl'CIIIDO, TO APNOYE OM FIRST R£AD . J COUNCIL IILL MO. 44, Sl'RIES OF lilt.
c rr
UTI
Aye s : Co un cil rs ol t1y, Hath 1y, oza ce , Byrn ,
Habtn cht, Cl 1yt on, Y1 n Dy e ays :
Abs ta in ;
nt :
1
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Englewood City Council Minutes
December 4, 1989 -Page 6
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A RESOLUTION ESTABLISHING SCHEDULES FOR WATER SERVICE.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 66, SERIES OF 1989.
Council Members Clayton and Habenicht stated their reluctant support of
Resolution No. 66; Council Member Hathaway suggested that an article be in-
cluded in the next issue of The Citizen concerning the merits of metering in
some situations; Council Member Kozacek stated he could not support the
Resolution as it addresses only increases for treated water users, not an in-
crease for untreated water users, and he was also opposed to deep well water
expansion; Council Member Byrne felt the algae control to be financed by this
increase will be advantageous to the qu1lity of our water. Vote results:
Ayes :
Nays:
Counc i1 Members Ko 1 hy, Hathaway , Byrne, H1ben i cht, Clayton, Van Dyke
Council Me.ber Kozacek Abstain : None
Absent:
Motion carried. None
(c) City Manager Fraser presented a reca..endation fro. the AO.infstra-
tive Services Depart .. nt concerning the establish-.nt of pr .. tu. rates for the
City's self-funded -.dtcal and dental insurance and Ca.precare insurance
plans. Mr. Fraser explained that the series of resolutions were necessary to
establish the rates for the various e.ployee groups wtth ln the City. He fur -
ther explained that the rates tn the past have been Inadequate to Mtet the
costs of the progr .. on an annual basts . The suggested rates represent an 87~
Increase in an atte.pt to address those accu.ulated deficits . After extensive
discussion concerning these rates, the first resolution was assigned a nu.ber and read by title :
RESOLUTION NO . 67, SERIES OF 1989
A RESOLUTION APPROVI A BENEFITS PL SYSTEM FOR GE ERAL SERVICES SUPERVISORY E"'lOYEES OF THE CIT OF ENGLEWOOD.
CotleCIL CUVT MOYtD, A11D IT
f7, stiiU OF ltlt, ncOMDO. ro AHIOVt
1
Hlth
GERIAL
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Englewood City Council Minutes o.c .. ber 4, 1989 -Page 7
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The second resolution was assigned a number and read by title:
RESOLUTION NO . 68, SERIES OF 1989
A RESOLUTION APPROVING A BENEFITS PLAN SYSTEM FOR CONFIDENTIAL AND SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990.
COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 81, SERIES OF 1919.
Council Me•ber Habenicht stated she had serious concerns about supporting such
a high rate increase and would be voting against approval of Resolution No . 68.
Vote results :
Ayes :
Nays :
Absta i n:
Ab sent :
Mot i on carr i ed .
Council Members Koltay , Hathaway , Byrne , Kozacek, Clayton , Van Dyke
Counc i l Me.ber Haben i cht
None
No ne
Th e t hird r es olu t ion wa s assigned a nu.btr and re ad by title :
RE SOL UTION NO . 69 , SERIES Of 1te9
A RESO LUTION AP PR0¥1 ~ A 1£ FITS Pl SYSTER FOR ~ERIAL EMPLOYEES Of THE CITY Of ENGL EWOOD POLICE I)(P FOR YEAI ltto.
COUNCIL NEMER CLAYTCIII IMID ,
It, SOlES OF ltlt . IT B -ED. TO APNOYE USOl.UTIOI ••
Council "--bar Haben cht rtferred to r prtv ous co..ents concerning her op · position to this rtsolut on .
Vott results :
Ayes :
Nays :
Abstatn :
Co~me i 1
Clayton,
Counc 1
oltay, Hath ay , Byrne, Kozace •
ntcht
ne t resolution as •ssigned a nYibtr and rttd by title :
I£SOLUTION • 70, Rl S Of 19tt
A
IT
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Englewood City Council Minutes
December 4, 1989 · Page 8
Council Member Habenicht referred to her previous comments.
Vote results:
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council Members Koltay, Hathaway, Byrne, Kozacek, Clayton, Van Dyke
Council Member Habenicht
None
None
The final resolution was assigned a number and read by title:
RESOLUTION NO. 71, SERIES OF 1989
A RESOLUTION APPROVING A BENEFITS PLAN FOR PERMANENT, PART-TIME EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990 .
COUNCIL NEMER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION MO. 71, SERIES OF 1989.
Council Huber Kozacek ca..ented that he was pleased to see this put into ef-
fect for the benefit of the part-tiM e~~ployees. Counctl Huber Habenicht
expleined, since thfs doesn 't represent an increase and does represent 1 new benefit, she would support passage of the resolution.
Vote results:
Ayes:
Nays :
Abstain :
Abs nt : ~tfon carried .
Council "--bars Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None
None
None
(d) COUNCIL NUllO CLAYTOII NDWED, -IT MAS SlCOIIDI:D, TO TAilE
ITEJe 11 (4) • A USOWTJOII NODI• TNl CITY Of (MOOD lHO 1UD11:T.
Ay s : Council rs oltay, Hatlla y , ouce • ChytOft , Van Oy
Coun ci l , Ha
n
n
I .
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Englewood City Council Minutes
December 4, 1989 -Page 9
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Council Member Kozacek stated for the record, he wanted it shown that he will
be applying for insurance for the allotted period of time after his term of
office is over. Further, if he transfers to Comprecare because of the cheaper
rates, it will cost $1,680. Prior to coming aboard Council and the City
paying part of the cost, he explained he was paying $1,189.80. He stated that
during the campaign there were a lot of misconceptions about the "huge, astro-
nomical raise" Council voted for themselves; he felt a comparison of these
figures would show the difference of what was claimed versus what the actual cost is if a person would have to pay the entire cost.
Discussion ensued relative to the proper procedure to modify the budget; Mr .
DeWitt stated the budget can be amended at any time by resolution. Ms. Byrne
infonaed Council that the resolution will be back on the agenda for the Decem -
ber 18th Council meeting. There was further discussion relative to the recom-mendations of the Council Compensation Committee.
(e) City Manager Fraser presented a recommendation to adopt resolutions
approving the date of January 30, 1990, as the date of the Special Election to
resolve wage illpasse 1111tters for the Englewood Police Benefit Association
(EPBA) and the Englewood E~~ployees Association (EEA). Mr . Fraser pointed out
that in the resolution concerning EEA, there was redundant language which should be deleted prior to approval.
Council Metlber Habenicht inquired about time constraints for add ing other
itMs to the ballot . Mr . DeWitt explained there were significant problMs
with respect to Charter amendment-type issues; with respect to advisory ques -
tions, he stated there were virtually no problMs. The Charter amena.tnt pro -
posed by Council Melber koltay changing the effective date of ten~s of newly
elected council persons was briefly discussed. Hr . koltay strongly suggested
that consideration bt given to including other lllltterS/fssues on the special
election ballot. Other fttllls suggested for inclusion on the special election
ballot included Council insurance COIIptnsatton. Mayor Van Dyke suggested the
discussion on other ballot issues be delayed until act ion is taken concerning
the date of the special election for the wage i11passe 1111tters .
The first resolution was assigned a nu.btr and read by title:
RESOlUTION NO . 72, SERIES Of 1989
COl.ICIL [R CLAYT
72, S(JJ[S OF lilt.
I .
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Englewood City Council Minutes
December 4, 1989 -Page 10
time for preparation of other issues which could be included on the special
election ballot if the election were delayed a brief period of time.
Council Member Kozacek stated he would be opposing the resolution as he feels
we are disallowing what the true negotiations are all about by separating the issues on the ballot.
Vote results:
Ayes:
Nays:
Abstain:
Absent:
Motion carried.
Council Members Hathaway, Byrne, Habenicht, Clayton, Van Dyke
Council Members Koltay, Kozacek None
None
The second resolution was assigned a number and read by title:
RESOLUTION NO . 73, SERIES OF 1989
A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137 :6, IMPASSE
RESOLUTION PROCEDURE , ESTABLISHED BY THE HOME RULE CHARTER OF THE CITY OF EN -GLEWOOD, RELATING TO THE ENGLEWOOD EMPLOYEES ASSOCIATION .
CCQCJL MMI£1 CLAYTON IIIOV£0, MD IT MAS SECOII)[D, TO APPROVE IESOLUTION NO.
73, S[IJ[S OF lilt. Council Me.ber Clayton nottd the redundant •Now, There -
fore, ... • on the second page of the Resolut i on, asking the Clerk to •ake cer-ta i n the fnfonaation Is deleted .
Vote resu 1 ts :
Ayes :
Nay s:
Ab s ta in:
Ab se nt :
tlon carrltd.
Counc il Me.bers Hathaway, Kozacek , Byrne , Habenicht , Clayt on, Van Dyke
Coun ci l Me.ber Koltay
None
None
Council r Kol tay rtferrtd to his pr evious c nt s about not su ppo r t i ng
th resolu t io n bec ause t h date of J anu ary 30th dots not pe n~tt enoug h t f .. t o
develop other It for th ballot . Ano t her Chart r Issue he uld lt t to
constd r Is t constttut ton a llty of th resfd ncy requtr nt .
12 . Ctty , •• -.,o,
r . fr
t rs to bri1'19 btfor Cou tl .
I .
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Englewood City Council Minutes
December 4, 1989 -Page 11
Koltay's suggestion that a Charter amendment be offered repealing this section
may be an appropriate manner to proceed. He offered to prepare an ordinance
with an emergency clause referring this matter to the people at the January 30, 1990, special election.
COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO DIRECT THE CITY ATTORNEY
TO PREPARE AN ORDINANCE ON AN EMERGENCY BASIS TO SUINJT TO THE ELECTORATE A
CHARTER AMENDMENT CHANGING THE THREE-YEAR RESIDENCY REQUIREMENT TO ONE-YEAR RESIDENCY REQUIREMENT.
Ayes:
Nays:
Abstain:
Absent:
Hatton carried.
Council Members Koltay, Hathaway,
Habenicht, Clayton, Van Dyke None
None
None
Kozacek, Byrne,
The -atton •ade at the previous Council .. eting directing the City Attorney to
seek Declaratory Judgment from District Court was mentioned . Council Me.Oer
Hathaway stated she would accept the opinion of the Attorney General concern -ing the residency require .. nt Issue .
(b) Hr. DeWitt transMitted a su.ary of Title 15 of the Englewood
Huntcipal Code 1985, entitled Health, Sanitation and Envtron.ental Protection ,
for Council 's rev i ew . Hr . DeWitt proposed thts be subM i tted to the Planning and Zoning Ca..isston for their review .
(c ) Hr . DeW i tt reported to Council that Swedish Corona Cooperative has
declared Chapter 11 ; the City has provided th .. with water taps and the situa -t i on wi l l be carefully scrutin i zed .
(d) A r eport entItled "Recy c ling Works" publ fshed by EPA was shared
wi th Coun cfl. Hr . DeW i tt felt th h report was very COIIprehen s tve and would prov i de Counci l wtth al ternat i ves .
(e) A repo rt conc ern i ng code vi olat i on s at 3551 South Wash i ngt on Street was gtv n .
14. ltnera1 Dt scuss fon
{a) yor's C o c
t pla ned t t by Chart r, t t ar ng n o
I 8 :00 p ••• On t f rst nd ay fter J an ary J,
Januar a, 1990 . She, th rtfore, propo td tht
01 C: 1 I I . •
Englewood City Council Minutes
December 4, 1989 -Page 12
Abstain: None
Absent: None Motion carried.
•
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(ii) A resolution concerning mass transit facilities along the
Santa Fe Corridor was considered. Mayor Van Dyke explained the need for the
City to establish a position concerning the prioritization of specific transit
projects in relationship to the funding availability proposed by the
Hetropol itan Transportation Development Commission (HTDC). a task force re -
cently appointed by Governor Romer to address the improvements in transporta -
tion over the next 20 years. The proposed resolution encourages the RTD Board
to continue to support the Santa Fe Corridor as a high priority, and Ms . Van
Dyke wishes to present the resolution at RTD 's board meeting on Decetllber 5,
1g89. The resolution was assigned a number and read by title :
RESOLUTION NO. 74, SERIES OF 1989
A RESOLUTION PROCLAIMING THE CITY'S CONTINUING CONCERN FOR EARLY COMPLETION OF MASS TRANSIT FACILITIES ALONG THE SANTA FE CORRIDOR.
MAYOR VAN DYICE MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 74, SERIES OF 1119.
Ayes: Council Me.bers Koltay, Hathaway,
Habenicht, Clayton, Van Dyke None
None
None
Kozacek, Byrne, Nays :
Absta in:
Absent : Motion carried.
(b) Council Me.ber's Choice
(f) A resolution concerning the purchase of a ladder true n 1990
was presented by Council MeeOer Kozacek . Th resolution was assigned a n r and read by tftle :
RESOLUTION NO . 75, SERIES OF 1989
A RESOLUTION REQUIRI THE PU HAS£ OF A £ LAOO£ TRUe IN 1990 F T CIT OF ENGL£W0oo AND AHE J TH J 990 8UDG T.
CCUC:JL £a KOZACU ftOYED, 75, S[lJ(S Of ltlt. IT S S(CJIIIID!£11, TO UN0V l
I .
Englewood City Council Minutes
December 4, Igag -Page 13
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After discussion, COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AMEND
SECTIONS 3 AND 4 OF RESOLUTION NO. 75 TO REFLECT AN AMOUNT NOT TO EXCEED $400,000 (INSTEAD OF $375,000).
Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None
Abstain: None
Absent: None
Motion carried; Resolution No. 75 duly amended.
COUNCIL NOllER HATHAWAY MOVED, AND IT WAS SECONDED, A SECOND AMENDMENT TO
RESOLUTION NO. 75, ADDING A SECTION 5 TO READ: THAT STAFF SHOULD PURSUE ANY
METHODs OF FUNDINI UP TO AND INCLUDINI FULL APPROPRIATION, BOND FUNDIN&, 01
ANY OTHER MEANS NECESSARY TO FACILITATE THE PURCHASE OF THIS TRUCK IN AN AMOUNT NOT TO EXCEED $400, 000.
Discussion ensued concerning substituting the word "acquisition• for the word
"purchase"; this change was agreed to by the •akers of the ~tion. Also
agreed to was the substitution of the word "best• for the word "any•, result-ing fn a revfsed ~tfon as follows :
COUNCIL MOllER HATHAWAy MOVED, AND IT WAS SECONDED, A SECOND A1t011Nofr TO
RESOlUTION 110. 75, ADDINI A SECTION 5 TO READ: THAT STAFF SfiOUU) PURSUE THE
lEST METHoDs Of FUNDINI UP TO Ale INCLUDI. FULL APPROPRIATION, 10ND FUNDINI,
01 N1Y OTHO NEMS NECESSARY TO FACILITATE THE ACQUISITION OF THIS TRUCK IN AN AIIOCifT NOT TO EXCEED $400,000.
Before voting, the various ffnanc:tal •ans of acquiring the truck w.re dis -
cussed. Mr. Fraser, for clarificat ion, asked ff It was Council "--bar Hath -
away's Intent that staff have the opportunity to bring to Councfl whatever fs
the ~st financially advantageous •ans of acquiring the vehicle; Ms . Hathaway conffn.td that was Indeed her Intent.
Vote results:
~es :
Council rs Koltay, Hathaway , ozace , Byrne, Habtnfcht, Cl ayton, Van Qy e
75
ond tf •
ro 1
Ott
I
Englewood City Council Minutes
December 4, 1989 -Page 14
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Council Member Kozacek stated his disappointment in the defeat of this motion
and urged Council to continue pursuit of the matter. Appreciation was ex-
pressed to former Chief Hamilton for bringing this matter to Council's atten-
tion. It was stated that the matter still needed considerable review which
will be undertaken when the recommendations from the Fire Services Delivery Committee are received.
(ii) A council bill for an ordinance submitting to the electors a
Charter amendment with regard to commencement of tenns of office of newly
elected council persons was considered. The Clerk was asked to read Council Bill No. 45, entitled:
COUNCIL BILL NO. 45, INTRODUCED BY COUNCIL MEMBER KOLTAY
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE
CITY OF ENGLEWOOD, COLORADO, AT A SPECIAL flJNICIPAL ELECTION TO BE HELD ON
JANUARY 30, 1990, PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD
TO CHANGE THE BEGINNING OF THE TERMS OF COUNCILMEMBERS ELECTED.
COUNCIL MERIEl KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL IILL NO. 45, SERIES OF 1989.
Mr . OtWitt conflr.ed that changing Section 22 of the Ho.e Rule Charter would
In no way affect ten.s of office of current councilpersons. The -.kers of the
.atton agreed to substitute the word •councllperson• throughout Council Bill No . 45 Instead of the wo~s •council .. n• or •counctl...O.rs.•
The verbiage was questioned, and it was deten.tned that the question posed for the ballot Is appropriate.
The proposed wo~lng of Section 22 of the Ho.e Rule Charter, ff thts ... na..nt
fs approved, was questfoned by City Manager Fraser . Mr . OtWHt stated the ~tng as proposed provided an historic perspective and established the stag -g red ten.s n the Charter was adopted In 1958 .
The Cltr was asked to f"tld for clarification the wo~ ng lch will appear on t ballot :
t b llot w t
Ru l e Char r
8 :00 p .a . on the
t ng aft r th
01 • • I .
Englewood City Council Minutes
December 4, 1989 -Page 15
Motion carried.
•
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(iii) Council Member Clayton presented sever a 1 items:
(1) Mr. Clayton announced that the City's resolution to amend the Na -
tional League of Cities (NLC) Pol icy Committee's resolution failed; however
he asked for support of City Council concerning his application to be ap-
pointed to NLC's policy steering committee. The financial implications would
be three trips per year to attend committee meetings . He stressed the impor-
tance of advancing the City's position regarding Englewood's participation in
the Lowry Landfill, sewage sludge problems, wastemanagement problems, etc .
MAYOR VAN DYKE MOVED, AND IT WAS SECONDED, TO PROMOTE COUNCIL MEMBER CLAYTON'S
APPLICATION FOR APPOINTMENT TO THE ENERGY ENYIROfiiENT AND NATURAL RESOURCES
POLICY STEERINI COMMITTEE OF NATIONAL LEAGUE OF CITIES.
Ayes: Council Members Koltay, Hathaway, Habenicht, Clayton,
Nays:
Abstain:
Absent :
Motion carried .
Van Dyke
None
Council Members Kozacek, Byrne
None
(2) Mr. Clayton c~nted that It appears to ht • that Mr . Robb i ns , At -
torney for 81 -Ci ty Wastewater Treat•nt, ts reca.end l ng that the Ctty urge
settl ... nt of the dl •tnl•ls proposal . The .atter was discussed wi th a con -
sensus of opinion that the City Manager and City Attorney will prepare a pol i-
cy stat ... nt for the Mayor 's signature In response to Mr . Robbins ' reque st .
(3) With regard to the re co.endat t ons fro. the Coun c il C Q~~pensat to n
Co.1ttee , to r e fre sh everyon e's ...,ry , Mr. Clayt on r ead tho se r ec-nda· t t on s as follow s:
1.
be I Codt
Each area needs to be speclftcally d fined, I.e.,: salaries,
btneftt, e.ol nt, etc . with no autoaattc salary ncrtase . al ·
ary nd n ftt revt s should bt set up at des nated tnt rvals,
to supers any .ar t n (10) y ar del ays in ncre ases . (T ts
should al o spec fy no tncrtas or ben r ts for current ten. or-
fleers .) A special rev1 board or tlttz ns rK to
etth r draft this ordinance chang with legal co nsel . ace ss or
to rev any ~n th a legal counsel has drafttd .
Aftd If nttd bt, carry tht process • step furt r to
City Ch art r wtth a vote to t cltfztns. I .
Englewood City Council Minutes
December 4, 1989 -Page 16
a.
b .
•
•
M1jority opinion did not feel it w1s their ch1rge to decide the
leg1lity of Council 1pprov11 or use City funds to hire an outside
1ttorney to do so IS much IS it w1s to deter.ine if Englewood is
out of 1 ine with the benefits they ire currently providing for
City Council . The m1jority 1lso felt th1t 1 leg1l opinion hid
1lre1dy been rendered by the City Attorney on the issue of insur1nce.
Another upect discussed wu the v1lue, if 1ny, in iltricting
qu11ity c1ndid1tes . As you hive reid in the •inutes of August
30th, there 1re so.e th1t believe 1nsur1nce cover1ge is 1 dr1wing
cud for those concerned c 1t i zens who •i ght not otherwise fee 1
they could afford the 20 -40 hours per week that Council /City
business takes 1w1y fro. their jobs . As a con, i t should not be
so ippealing that people would w1nt to run be c1use of the salary
and benefits level but bec1use they are i ntere s ted I n the City 1nd i~rov l ng i t .
i th refe rence to the th i rd t
s tated no r c o..endat f on had be n o er .
no otll r reco..end1t Ion s of th
ndat fo ns, quoted abov ,
I
Englewood City Council Minutes
December 4, 1989 -Page 17
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Council Member Byrne stated she was in favor of having the issue go before a
vote of the people. She addressed the issue of single coverage versus family
coverage explaining that since some members of Council had single coverage and
some had family coverage, in essence sa.e ~rs were receiving more ca.pen-
sation than others. She felt this reflected an essential unfairness in com -
pensation. She also stated she would be in favor of some review of salary.
Council Mellber Clayton stated he felt the proposed 1110tion would cover Ms. Byrne's stated concerns.
Council Member Koltay agreed that this was a very sensitive issue; he com -
.. nted that the citizenry had been given the opportunity to question this is-
sue at several public .. etings. He stated that this was the first ti-. he had
heard COMents by Ms. Byrne that explained her position on this utter. He
felt Mr. Clayton's 1110tion would provide a .. ans to consider adopting the plan
suggested by the Ca.pensation Co..ittee and at the sa.. ti .. would bring the
issue forward for further discussion and an ultiute decision. He too felt
the newly elected councilpersons should be included in any discussion of this utter.
Councn Metlber Koncek questioned the process of a ten -year evaluation of
Council's salaries, stating this could result i n so-. councilpersons receiving
1110re salary than others even though they are servf ng during the sa.e t i• period.
Mayor Van Dyke agreed that this would serve to get things 1110ving fn a positive direction and would support the 1110tion .
Council Me.ber Clayton called for the question; vote results :
Ayes: Council "--btrs Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke Nays : None
Abstain : None
Absen None
lion carried.
( v) Cou
nd efforts
on St t . t tt for
1551 t code enforc nt prob1
at 10 :1 p • I
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HOLIDAY LIGHTING CONTEST
1989 WINNERS
0!3
OLD ENGLEWOOD HOLIDAY / .../ -t t _ u '
"P--1'1 d'" ~. v Ln7-~ F1-' n A:A:-< lf
2nd 4724 South Kalamath Street G[a
1st 4078 South Lincoln Street /.J ~ '::f.Lt ~,t.f fT
3rd 4301 South Bannock Street L/'Cd:Zi t.-y ~of " r-
TRADITIONAL/RELIGIOUS ~
1st 3820 South Gahpago Street (;.(~ 7ti1 , t(.h t t-t_p.-.<.J
2nd 3201 South Cherokee Street c.x:1~ 1n &_..n .,t. 8 /z. ~((
3rd 2971 South Emerson Street ~tr )1h., <u j*l J. ~/,_.,.,
da. 1 /.t* I
ANIMATED HOLIDAY
lst
2nd
Jrd
3270 West Grand Avenue
3115 South Bannock Street
None
ARTISTIC/lEST LI&HTING ~
1st 3247 West Pimllco Avenue .• , '""
2nd 4301 South E1 at 1 Street -. r-7
3rd 4348 South Elatl Street
£lC£PTIOMAL US[ OF ,.£MIS£S
. l
,.,
•
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JUDGES:
Sheri Gulley
Connie Fortner
Opal/Merle Doane
Don/Beryl Styes
Debbie Neyer
• 2 •
•
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I . •
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12/89.
MS. MAYOR AND FELLOW COUNCIL PERSO NS;
ALL NEW IDEAS CONTAIN WI 'l'H IN THEMSELVES AN ASPECT
OF FOOLIS nNES S WHEN FIRST PRESENTED DUE TO OUR DESIRE TO
MAI N'l'A I N THE S'J.'ATUS QUO , YET IN OUH ABILITY TO ABS 'l'RACT,
WE EVENTUALLY ACCEP'f NEW KNOWLEDGE AND ARE ABLE THEN TO
GO BEYOND THE WESTELAND OF OUR REALITYS.
IT IS MY WISH TO EXPLORE NUMEROUS DIRECTIONS
OF THO UGHT AND EXPERIMENT WHICH ARE GENERALLl BELIEVED
BY MODER !'\ MAN TO HAVE LITTLE OR BO POTEN'T IAL FOH
ADVANCEKEN 'f .
BY MEANS OF SOME '.l'YPE OF GRANT, JJiD/OR IN'.I.'ERES'.I.'
FHOM THE BUSINESS COMMUNITY, IT IS MY COMTENTION THAT
EACH OF YOU WILL BENIFIT '1'0 A PAR GREATER DEGREE THAN ANY
HONIT.URY GAIN ON MY PAHT.
I OFFER ALL OF THE roLLOWING AS VARinCATIONt
ALLO KE TO PRESENT A BRIEF HIS'fORY OF MY PAST THAT YOU
KAY CO~SlDER MY REQUEST MORE FULLY.
PRIO JO I J:t;COU ED EXTRA-TERR !RALS ,
A I TI , 1 AS DOI.G S.O.S. SIGAL IT A
YS AS I CO D
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AND RE . .\GEN AS WELL AS BUSH AND TH E POPE EI~SELF THHO UG!i
ALL MEA NS I COULD T ~INK OF INCLUDING THE C.I.A. AND F.B.I.
DU Ril;G THAT TIME AND UP TO THE PHESENT I HAVE BEEN PHOV EN
CORREC T IN OVER 95. OF WHAT I PRESD~TED. T ~I RrY YEARS AGO
I HADE LITTLE SENSE TO MY FELLOW HUMANS, ~ET THAT WHICH I
PRESENTED THEN MAKES SENSE NOW, LOCALLY, NA'J.'IONALU AND
IN'J.'ERNATIONALLI; I HAVE OFrEN BEEN TOLD THAT I WAS BOHK
SOME 'J.'HIR'J.'Y YEARS TOO SOON. IF THAT IS SO AS IT CONSISTANTLY
PHOVES TO BE, THEN HOPEFULLY ALL OF YOU CAN SEE THE
P.Jii+; "" OF '!'APPING INTO THAT POTENTIAL.
WE MUST REALIZE THAT WE, BEING PART OF ALL TtiE PROBLDIS,
ARE ALSO PART OF ANY HEAL CORE. WE CAN CONTINUE AJW.ISIIO
AD-INnNITUM OR IE CAM, AS A SANE SOCIETY, GO BEYOID OUR
COLLECTIVE IGNORANCE UD CHE.ATE SOLUTIONS BY IMPLIMD'"T ING
.& MORE INTELLIGENT STRUCTURE.
PROPERTIES ARE DITERKIIED Bl STRUC'J.'URE I .E.
S'.l'lirUCTU RE HU BE DETERMINED BY PROPERTIES.
EXAMPLES1
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I WAS IN FLORIDA, CAMPING ON AN ISLAND. ONE
HOUR BEFORE THE SPACE SHUTTLE BLEW UP, I WOKE FROM
A DRE.o\M AND WROTE THE FOLLOWING FROM THAT D.ttEAM:
HEAR ME ---OH JERUSALEX, FOR AMERICA HAS TURNED
A DEAF EAR TO THE RISEN CHRIST; ITS SPIRITUAL VISION
CLOUDED Bf HEAPS OF GOLD, LOST IN ITS SUBJEC'riVE
EGO-MANIA. CUT MY WHEAT AND GRiND IT FINE,
1 THE YEAST SHALL MAKE ITS ~HHIST BODY HISE
BEFORE I TURN IT A GOLDEN BROWN •
THE RICH IORLD OF LIFE COMFOSES ME IN ITS GLOI
AND I SLOWL1 BECOME AN INS'!'NUMEN'l' OF I 'l'S POWER;
SOMETIMES EVEN THE 801 or I '!'S SONG •
BACK TO SLEEP, PERHAPS TO DREAM or SOME
LONG LOS'!' L.ADI .AJIID LOVE.
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"READ DREA.M A!"D CIR CUMSTAN CES PER'l'AI Nil'\G TO THE
CHALLE NGER DISASTER ."
11 'dn./."~~as-z::~ka
THE IMPLIMENTATION OF WHAT THE RUSS IONS CALL "<lLASTNOST"
CAN BE AS BENIFI CIAL TO US AS IT IS PROVING TO BE FO R THEl-1 .
HEALTH , SAKITY , AND TRUTH ~~KE A GOOD TR I NITY .
I SEE A DIRECT CO RRELATION BETWEEN THAT KNOWLEDGE
I POSSESS AND THE EXTRA -'.l'ERRESTRAL ENCOUNTER . WE PROGRAM
COMPU TE.~S LESS EFFICIEN'll.t EVERY ~y AND THU"K LITTLE
OF IT. I HAVE A NU!-'.BER OF INVENTIVE IDEAS DIREC TLI RELATED
TO THOSE ENCOUNTERS . THIS I NCLU DES A NE~ TYPE OF GENERA TOR ,
TO PERSUE FURTHER DEVELOPMENT WOULD REQUIRE SOME TYPE OF
GRANT . IF I AM ALLO ED TO GO FARTH~ THAN PRESEJfl'ING A FEW _
BENIFICIAL INVIl\TIONS , I WOULD LIKE EVEt;TUALLY TO DISCUSS
AREAS OF THOUGH'!' DEALING WITH PSYCHOLOGY, PSYC HIATRY ,
SOCIOLOGY , THEOLOGY , CLIMATOLOGY, METIX>ROLOGY , " CLO D
SEEDING IS CHILDS PLAY RELATIVE '1'0 T I WILL PRESENTa
I ILL DD40. S1RATE A PLAN THAT , IF FOLLOWED , ILL CONTROL
RAINFALL .". ALSO I PHYSICS I WISH TO PRISDCT RD.A IVELY
CO CIPTS PERTAI I G !0 TIME AND PitEC MOTION.
I n D HUH.l s DO OT COHMU ICA TOO UI'J'Q.LIG
D D
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LET US SET UP A SCIENTIFIC EXPERIMENT IN THE AREA OF
PSYCOLOGY.
TnESUS:
A TIME CAPSULE OF KNOWLEDGE.
ALLOW ME TO ANALYSE AND DELINEATE ONE OF OUR POPULAR TALK
Sn OW PHOGR&.I-1S, BY DOING SO I MAY THUS PRESDiT ANSWERS
THAT MUS'l' BE IMPLEMENTED TO SOLVE THE LARGER QUES'!'ION
OF MANS SUHVIVAL.THE DiGLEWOOD POLICE, IF YOU DESI RE , WILL
AUTHEN 'riCATE '!'HE FACT THAT I EVEN HARNESSED GRAVITY •
SUGGES 'l'ION:
CREATE A CENTRAL GA THER I NG POIN T IN EACH BLOCK FOR ALL
THRO-AWAY I TDlS. SEPERATIO ' AT THAT POINT WO ULD BEGIN ;
ALL PROCEEDS (AF"rER PHOCESSiriG) TO ttE DISTRIBUTED BACK TO
THE BLOCK OR ·ro THE POOR. THE CAPI '!'OLISTS JrEID MORE
COMMUNITY, THE COMMUNIS TS NEED MORE CAPITOLISM AND ALL
NEED MORE FLEXIBILITY.
AN IDEAL GIP"l' TO THE IORLD'l
A MORE PERFICT SOURCE OF NON-POLUTI G (KE'fHANE OH A URAL
GAS HEAT • A fliANUFACTURED PRODUCT USI G LESS nJEL RELATIVE
!0 B.T .u • .D4PLOU G WORKERS A I G AT A
R SO 'ABLE RATE. I ASSU VO
'HOS CO. DI IO S . LLO A G L
T T\'P£ OF IT , ICH 1
ZEJ) lROK
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3. EXTEND CONVERSA TION TO POT~iTIAL OF TOTALLY CONTAINED
AND ErrEHGY EFFICIENT HOME GEARED TO LOWER MIDDLE CLASS
PRICE RANGE .
4. RENEWED SCARCE OF JOBS AND LABOR.
IT IS NEIT:iER THE s ·.rUDEliT NOR TliE TEACHER WHO ARE '£0
BLAME, IT IS SOCIE'rY ITSELF 'l'HAT MUST BEG!~ DOING ITS
HOMEWORK.
POR A WHEEL TO GO ANYWHERE, IT ~DS A HUB;
SALVATION REQUIRES 'J.'HAT THE TWO GET TOGET~.
"SHAKESPEAR. II
IF CIRCUMSTANCES LEAD ME, I WILL nND WHERE
TRUTH IS HID, THOUGH IT WERE HID INDEED
WITHIN THE CENTER.
ALL ACTION REQUIRES GROUP, I.E. ALL "ACTION, PORCE'',
CAUSE AXD En"EC'l' EXIST SIMULTAJOX>USLY EVEN TMO, TO THE
OBSERVER, 1'1' MAY APPEAR SEQUENTIAL.
1111-n:RDEPENDDtCE REQUIRES TH.AT OIIE IUY JO'f EXIST WITHOUT
TilE OTKER .
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11 THE D."
AWAKING FRON M~ DREAM, I DIED TO 'l'HAT LIFE; SMOKE-
SCREEN-ENRAGED INDIAN HOLDING UP A CORN FIELD
WITH A 30-30 HIFLE.
OH, WHITE MAN, BLUE HAN 1 YELLOW MAN, BROWN HAN 1
RED MAN t BLAQC MAN; SMASHED ~LD RING or THE
HOLY-GHOST DRIPPING FROM MY FINGERS.
THE ID FADES BACK IN TO THE OCEAN or LIFE_--
DRIP,
Drop,
ciripa;
rlowins THROUGH YOUR HOUSE-:MIND ON---
SILENT
INDIAN
FEET.
Mt 0 Or EL DORADO UD A PILE 0~ GOLD
THOUGHTS , • I STO FACED MOJ'l'IZUMl, PLAC
AT TO ALTER Or tOUR HI D. DO 1 T Lk Bt •
OffL t LEAD MUD BD.OI.
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CONG RESS , A'l' THE PRESENT TIME , LEGISLATES ON AN INTERH'IIONAL
LEVEL WHEN I'l' COMES '1'0 DEFENSE AKD/OR TRADE ISSUES. CONG RESS
BREATHS THE SAME AIR YOU BREATH "W HAT THEIR IS LEFT OF IT" ;
i'iE BREATH 'l!HE SAME AIR CHIN A BREA TH S, TH E HOLE IN THE OZ ONE
IS THE SAM E HOL E THAT EXISTS FO R RUSSIA . I ASK "'N.I:iY" TiiE
BIG POWERS "THIS INCLUDES OUR CONuRESS" CANNOT LEGISLA TE
ON ISSUES THAT ARE EVEN MORE VITAL TEAN GU NS AND BOM o S AND
BEGI:-J '1'0 LEGISLATE ON A GL OBA L LEVEL AS HUMAN BEIKGS FOR
THE BEi\IFIT OF HUMAN BEI NGS . WE ARE NOT "SLOWLY POISONING
OURSELVES" WE ARE DOI NG IT LIKE A BAT OUT OF HELL!
IE CAl ONLY ELEVIATE THAT Pt<OBLEM IF WE LEuiSLA TE
ON A GLOBAL LEVEL. WE MUS' TAKE O:E STEP MORE FOR OOD
At;D MAN BECAUSE IF WE DON 1 T 1 GOD WILL TAKE ONE GIEN T STEP-
PERIOD. WE MUST TAKE 0 A HUGE BATTLE FOR OUR COUNT RY ,
DECLARE OURSELVES 'l'H E ENDrl AND THE BATTLE GROUN D TO BE
'l'HE EN '1'1RE ECOLOUICAL SYS TO..
I DOING SO WE CAN CLEA UP OOR HEADS AS WE PICK UP OOR
GARBAGE A 'D BEGI SEEI! G OTHER ATIO S AS 0 E.
ODERN SCIENCE HAS LEA ED H '1'0 LIVE LO GER, NO
ALL IT EEDS IS TO LIVE LO 'G ENOUG H TO JOY IT.
I CLOS ITH HOPE TRA C . S BE ES LlSri
I H T LL
r·~~~:~ 0 ILL
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6/3/89.
HELP ME, PLEASE.
TO ACCOMPLISH ANYTHING ONE MUST BEGIN AT A CENTER, I OFFER
'l'HAT CENTER HERE AND NOW.
LET ME PRESENT NEW IDEAS, YOUR IDEAS AS WELL AS MINE. LET
ME DO 1'HAT ON NATIONAL T.V. WITHOUT CENSOHSHIP.
LET US DO THAT FOR A PERIOD OF Ot.'"E YEAR, THEN THINK .\BOUT
EVERlTHING PRESE."n'ED FOR THREE HOHE HOI\'THS, THEN VOTE
"DI ·A DDfOCRATIC CONTEXT" tES OR 110 OK ALL CONCEPTS PRESENTED.
IT IS HY ASSUMPTION Tli.AT "IN THIS LIFE THAT YOU LIVE''
EACH OP' roo li.AVE AT LEAST ONE GOOD IDEA, LET ME
PRESEN'l' I'1'.
AS A FELLoW HDHAJI BEING, PLEAsE '1'RT TO UliDERSTAND THE
I'OLLOWI m.
OTIIERs AID MrSELP DC00JI'l'ERED EXTRA-ft:HR.Esnw.s,
WilD THIS IW'PDED I WAS DOiliO S.o.s. SIGJW.S
POR EVERt MAK, WOMAJI, dD CHILD 011 THIS PLdl'l'.
ACT Oa ftiS H MAnia COPIES OP' !HIS PAPER An GIVIJfO
T111M !'0 O'l'II:ER AMERICA liS.
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BOARD OF ADJUSTMENT AND APPEALS
ENGLEWOOD, COLORADO
NOVEMBER 8, 1989
The regular .eet i ng of the Englewood Board of Adjust.ent and Appeals was
called to order by Cha i naan Welker at 7:30 p .•.
Members present : Sey.our , George , Li ghthall , Shaffer , Waldman and Welk er .
Members absent : None .
Also present : Dorothy Ro.ans, Staff Adv i sor
Dan Brotz .. n, Assistant City Attorney
APPROVAL OF MINUTES
BOARD NOlO SOIIOUI MOY[D THAT THE MIIIITES Of OCTOIEI 11, ltlt, IE APNOYEO AS WIITTEJI.
Boa r d ~r Li ghtha ll seconded the ~t i on .
All ...O.rs present voted t n favor of the ~t i on, and the Chai naan r ultd e
Mi nutes of Ottobtr 11 , 1919, were approved as vr i tttn .
APPIOVAL Of Fllel-Of FACT
IOAIID 1010 small IIOVtD THAT TN[ Fllel-Of' FACT II CASES Ill-It All) llt-11 IE APPIOVID AS •rTTD .
Bo ard n s onded t .otton .
C a i n rultd
ov as r\ t n. Find s
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Board Member Lighthall asked if the present owners, Ms.Tembor i us and Ms.
Hofferber, sold the house, would the variance run with the new property owners.
Board Member Seymour also questioned if the owners do not sell the house,
would the owners still build the garage. He also questioned the possibil ity
of restricting the variance to go with the present property owners, and the legality of such a proposal.
Mrs. Ro.ans stated that during a telephone conversation with Ms. Temborius,
she was told that if the property were sold, Ms. Temboruis and Ms. Hofferber
would notify the Board i-.ediately; if the property is not sold , the garage would be built as proposed.
Chainaan Welker reiterated that the variance would be withdrawn only if the
applicants; Ms. Te.borius and Ms. Hofferber, requested that action.
Mr. Brotz.an stated that he was present to advise the Board concerning the
law. He stated that the petitions would have no bearing in the considerat ion
of a rehearing, and that within the para.eters of the law, the Board could not reverse their decision.
Board Hellber Waldllan uked if construction of the garage had begun, and
pointed out that If a Building Penait Is not obtained within 180 days, th variance would auto.atically be cancelled.
Board He.ber Lighthall ca...nted that since no new evidence had been
Introduced wi thin the 30 -day ll•itatton, the decision could not be reversed .
Ms . Shaffer stated that It was her understanding that accord ing to Board
procedure, a variance cannot be reconside..-d or withdraw.~. She stated it was
her understanding that the only recourse to persons concer"Md with the
decision of the Board, would be to fllt suit In District Court.
Chainaan lker stated that In his optnion, the petitioners of t
n fg borhood dfd no have t legal rtg t to request an appeal or re rsal o
t Board 's dtctston after the 30-day appeal period. Ht addressed bot
aud ence and Board, stating that t vndtrstandlft9 s that t pres n rs
uld withdraw the variance If t house re sold, t u reltaSift9 t ro. any furt r obl gallon .
furt r d i scuss o foll
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BOARD OF CAREER SERVICE COMMISSIONERS
NOVEMBER 16, 1989
REGULAR MEETING
PRESENT: William Belt, Janet Kerzic, JoEllen Turner, Carla Davidson, Harry H. Fleenor, Jr.
ABSENT: None.
OTHERS: None .
ChaiMaan Harry Fleenor opened the ~eting. A roll call wa s taken and a quorum established.
Ms. Turner 110ved that the Minutes of the regular ~et i ng of Septetlber 21,
1989, be approved as wr itten. Ms. Kerzic seconded the 110tion, and all ~rs present agreed.
Ms . Kerz ic 110ved that the Minutes of the Septetlber 21, 1989 Special Hearing
for H. Saith be approved as written. Ms. Turner seconded the 110tion, and all llellbers present agreed.
Mr. Belt 110ved that the Minutes of th Septetlber 21, 1989 Special Hearing for
K. Watts be approved as writt n . Ms. Turner seconded the 110tion, and all bers present agreed .
Ms. Turner 110ved tha th Minutes of he October 12, 1989 Specill Hearing for
K. Vat ts be approved as written. Mr . Be 1 t seconded t 110t Oft. A 11 -.bers
preseftt voted to approv th •lnutes aft r 1 discussion of t r the •lnutes re too d ta led .
Ms . 0 vfdsOfl nt
ar for
oncttd t
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Upon 1 110tion by Ms. Turner and 1 second by Mr. Belt, 111 lletlbers agreed to
draft 1 note of recognition for the e~~ployees' organiutions which aided in
the passing of the a.end.ent clarifying the powers of the Board. It was fur-
ther ca..ented that Ms. Davidson had been a good candidate who helped voters
understand the Career Service a.en~nt.
Ms. Turner stated that she believed the Board had been overpaid in October.
After checking the records, the secretary agreed that all .e.bers except Mr.
Belt had been overpaid. Ms. Davidson .,ved to correct the overpa)'llent, and
Mr. Be 1 t seconded the .,t ion . Upon 1 vote, all -..bers except Mr. F1 eenor
agreed. The secretary was instructed to adjust the overpa)'llent on the Nove~~ber payro 11 .
Ms. Turner .,ved that the Board approved Attorney Bulip's fiHng of an opposi-
tion brief respondent for the Career Service Board on the leydon cue. Mr.
Be 1 t seconded the .,t ion ; 111 -.bers agreed.
The ~~eeth.g adjourned at 8:05 p.•.
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E GLEWOOD ELEC1 l0~ CO~ISSIO
September 26 , 1989
he rre et in g was called to order at 7:12 p.m. by C a irm an Kollath.
Present:
k!:lsent:
A so ;rese t:
Bull , Kollath, Wilso , Crow
Walters
Ellis Dep ty Ci tj C er
* • • • •
Ci y C erk Crew ad i sed t e Co . i ss io o t e c rre t ist of co~ cil
cand ic ates: t e deadl in e for fi i g pet 't 'c s s Octo er 6, 9S9 at 5:
~s . C ow e~p a ed t e proced~re e C1ty C er 's o ce -ill fol ow
to a date t e pet i tio s.
i sc ssio e s~ed regard i ng t e p lli ; paces and r.ber f t · g ac ~es
to e sed.
A es : B . Kol
ays : ore
l.tsta o e
se. a ters
·o carr td .
at . so . Cr
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crdi a ce and t e City Council is trying to bring t e C arter · to
co::-;Jl ii ce .
Redistricting was discussed and it was determined t at the E ect io n Co i ss o
~as acting in an advisory capac ·ty when this was done in 1986.
Discussion ensued regarding t e Eng ewood Pol i ce Be ef i t Assoc i at ion aws i t.
iss ·o oted t ey ~ere "2 ~r cos ted as o ~~ er e e ect ·c
comb · ed .
as
IS
as ad o ed at ;~ ~-.
/1 -.
f 1 e E ect c Cc-; ss·c s 2 ~
E ect · ,
e rest oft e ~~ ·c ·pal
-
Present:
Abse t:
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E GlE ElECTION C~ISSION
CONITRDK:f CAll M£ETI G
October 5, 1989 -10:00 1.•.
Kolht , ilson, Crow
Bull
E: DUE 0 RESIG Tl OF J ICE AlTERS, OOE VAC C EXISTS )
The .et i ng IS c 111 ed to order .
h .c
• c
E APPOI
ST Of
aji-c
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"PLEASE NOTE: -THESE MINUTES RAVE SOT -BEEN APPROVED"
EICLEWOOD DOWITOWi DEVELOPMEIT AUTHORITY
3333 Soatb-laaaoek -Eaalewoo4, CO 80110
!leabers Preseut:
lleabers Abaeut:
Staff Preaeut:
Cueata/'91aitors:
!liiHlTES
lo•eaber B. 1989
lirdaall 1 Creeu 1
Toaoota. Wauuah
Oxaau. Pendletou.
Breier. Cloae, Batha ay. Steele
Bayes
Paa Pepper
The reaular aeet1D& of the Euclevood llovutovu lle•elopaeut
Autborlty loard of Directors vaa called to order y C airaaD
Walt Toaook.a at 12:15 p.a. Be then aaked Pa Pepper • the
uev Ecoaoaic DeYelop•eut Coordiuator for the City of Eualc-
wood1 to latroduce herself. Proceediua. she u ted t at
abe c.oaes froa tbe City of estaiuater au her ac. ar uu
la ia ada1alatrat1ou aad fiuaac.e. She added t at ab ia
aav to tba acoaoaic cle•elopaeat field • ba•i•& beea lu it
for approalaat ly tvo yaara. l!a. Pepper atated tha.t abe
1a Yary eacltecl abo t bar ue poat 1 aad lth that. Chairaaa
Toaooka welco•ed ber aacl aald t at the EDDA o ld vor
bard to laelp bar ia aay vay poaalble. At t ia po1Dto
be aotloaecl for appro•al of th Octo r alaut r. Cr ea
ao eel aacl vaa aec.oaclecl by r. llrclaall.
9 D
MHlUTES
llovea er 8 • 1989
Page Two
CHAIRMAN'S REPORT
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Chai.raan Toaooka iaaedi.ately addressed the 1.11 levy situation
and said there bas been a shortfall of approxiaately $27.145
in the 1989 budget. Be also reported that. according to
the Arapahoe County Assessor's office. this nuaber aa even
go higher. Chairaan Toaooka then referred to a aeao written
to ltarsaret Freeaan. director of finance for the City of
Enalevood. Be explained that in order to recoup tbe $27 0 145
ficure • EDDA bas requested approxiaately $180.864 for the
1990 budget. adding that last year 's budget vas $153 .728 .
Be noted that tbe additional aaount requested would brill&
EDDA'• budcet back up and keep the budget tbe saae. Be
ellplaioed tbat City Council initially appro ed tbe first
reading f EDDA's a11J levy iucrease ou Monda ening .
o • 6 • but tbat the aill 1 vy iucr as aust & through
a aecoud readin& e!ore fiual appro al .
Mr. Peudletou i terjected aud aaid t at EDDA v111 collect
approlliaat ly $4000 o properties o•erlooked during last
year. but t o reducin& iteas are taa credits and abateaents
due to assessed •al atioos eiu contested. These tall credits
ancl abateaeots ere t e rea lt of ap r xiaately eicbt busi-
nealea. clarified. ea a• ed bat er c:enta&e of
b iaeaaea ia tb ir rotest eo c:oatestio& a ahaatioa.
C airaao Toaooka t ou t 100 p rceot ets red ced aud t en
cliac seed the asae ss at roc:ed r ased on is p rsooal
esperience.
KI UTES
liloveaber 8, 19 9
Pase Three
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In this regard, she said both print and broadcast r leases
had been aailed to all aajor newspapers, radio and television
stations. Ms. Bayes not d that there were three •ailings
of releases prior to the parade. Ms. Hayes also mentioned
that Channel 9 veatheraan, Dave Sweeney, and EBI-710AM radio
tallt sho host, Peter Boyles, participated in the parade
as a result of EDDA's efforts. Attention vas then drawn
to Mr. Green and Mr. Pendl ton as Ms. Bayes explained that
both served as parade judaes. Both Mr. Green and Mr. Pendleton
expressed that they enjoyed their participation v ry much.
Ks. Bayes thea aeationed that the City of Englewood would
be hoaorina Mrs. loaaas for er efforts ith the parade
and as ed if E DA ould lilt t t do a• • All
preseat aar ed that t is as an xcell suca stion. Ms.
Bayea auaaested passin& a resol r nc rs. oaans
to vhic r. P ndl ton • ed an Cbairaan Toaoo a s conded.
In addition to the resolution, r. Pendleton as ed that
a plaque also be &i en to ra. loaana, to vhich th re vas
unani o s oard a pr o val.
cbaat
oaly
• r-
that
t at
I .
MH1UTES
aoveaber 8, 1989
Paae Foar
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Ms. Hayes then held up the contents of an enve lo pe t h at
vas delivered during the aeeting and noted that she vas
holding an evaluation subaitted by Cordon Close who also
bad attended the seainars, but was absent froa the EDDA
loard of Directors aeeting. She said that be had given
Mr. Des KoineauJt' s presentation very high aarks and she
noted that Kr. Close had brought alaost his entir staff
to the second seainar. In clo&ing, Ks. Bayes aentioned
tbat abe would be contacting the Greater Englewood Chaa er
of Coaaerce to discu&s co-&pon&orin& future busine&& &e•inar&
for 1990.
RBappy Holidays ia EnalevoodR
MUIUTES
Jiloveaber 8, 1989
Paae Five
..
Urbaa -Reaeval -Aatherity
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Mr. Wauaah briefly diacaaaed the cloaiua of lluyer .'a Clab
and aaid that everyone ia bopiua a uev aalea tas produciu&
baaiueaa will aove iu. Be aeutioued that aalea tas iu
lualevood •ia not doiua tbe beat,• and that tbe Urban leueval
Aathority voald be aatheriaa a llat of fiaaucial couaultauta
to aaaiat ia thia reaard. llr. Waaaab alao aeutioued that
the U~ voald be biriaa a aev director ia 1990.
loard •eaber'a Choice
ar. COreea aalted if the IDDA voald be bavlaa a holiday reception
to vbicb Chalraaa Toaooka aaaared bia that a receptioa voald
be plaaaed. ••· layea iaterjected that abe voald be plaaaiua
a recaptioa far the IDDA, however, a date bad aot beea
eatabliabed. Cltairaaa Toaooka offered bia baaiaeaa facllitiaa
for the ••••t. ••. Ia yea aaid abe woald heal• vorltiaa
i-ediately oa t la project. •r. COreea tbea atated tbat
he felt the IDDA plcaic vaa a aacceaa ••• tlaat be felt
everyoae eaj oyed •aattiaa toaetber oataide of the boardrooa.•
Cltairaaa Toaooka •a reed.
Aa t h ere aa a o o ther b v aiae aa , the aeet1a a ad j ovr a e d at
1 :1 0 ••••
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Fi re Ret ire en t Board Heet in g
No e~ber 2, 1989
The regular meeting of e Fire Retire e t Board was called to order at 4:24
p.,., T ursday, o e .ber 2, 1989, in t e Trai i g Room Room, Pol ice/Fire
Co~ le 3615 Sou Ela i Street, E g ewood, Co orado.
Preser:: C ris Olson, C a i
Susan a D.> e, l'ayor
Sill o .,9
c 1s ' oc" ~c aj
Willis 'S ort • esle;
.argaret Free-a , i rec or of F i a ce
C arlotte ri c ard, ecording Secre ary
Also Present: roe ers of t e 0 d Hire Fire f ig ers Pe sio Plan
r. Olso s a ed at a roll call oft e e bers ip q or
as resen .
ce r. ill is ·s orty• Resley, ely a poi ed e. er, to
card.
• • • • • • • • • •
a all e ac i e e~ ers o
e d e board e ing.
I .
e pe s i o
s 0
'5
rs
q E.
•
I • •
Firefighter Pension Board
to ember 2, Jggg
Page t wo
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Bill Young commented that the general sentiment was that t he in tent ion was
good, but because of all the quest ion s raised, it would be best to have ans wer s before atte pting a restatement.
Mr. DeWitt felt it would be best to ma in ta in t he status quo. He also poin ed
out that the plan was li ited in its content to the rules and regulations of
e Internal Re enue Code, Charter of the City of Englewood, Municipal Code of
t e City of Englewood , State Sta utes and the contents of the nego iated agree~e nts between the City and the Fire fighters union.
Mr. DeWitt explained to
pension plan i t ay affec
possi ility of se•ere tax
~e~bers e1ng taxed for
e alf of t e indi idual
ose present that i f they chose to not c ange t e
t e plans qualified status. Thus leading o t e
co seq ences, including but not limited tote plan
e City's percentage contributed to the plan on irefig ers.
ed if t e la , as it stands today, was qualified. r.
a si ce t e lan conformed to State Statutes, it .ay be
~r. Olson did not wis
s bco it ee to set
T e board agreed
e~ ers ip oda .
e plan, b t ins tead establish a
at surro nd t e plan as wr i tten .
ering t e questfo s a d concerns of t e
es a cash pay nt In lieu of ti e for
yare t ese dollars not considered a part o
s
• • • • • • *'
or
I .
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Firefighters Pension Board
f o ·err.ber 2, 1989
Pag e t hree
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A decision will a e to be ade regarding ad jus t in g his hire dat e to reflect
the lost t ime. Thi s change in hire date would only effect his pension, and
no t his seniority ranking for job or promotion purposes .
* * * * * * * * * *
Chris Olson discussed pursuing the pos s ibili ty of aff ili at ion with FPPA. He
explained t hat aff iliation would req uire appro al y a two-t hirds majori t y of
the me bership. FPPA would pro ide invest ent ~anagers, produce an annual
audit of accounts, and distribut e t he mont ly pension c ecks.
CHRI S OLSO HO ED 0 I VI E FPPA TO COM E A D PRES£ T l TO 3 INFORM ATIO Al
DISC SS!OIS 01 W AT AFF!llATJO WOULD MEAN 0 THE OLD HIRE FIR EFIGHTE RS. A
VOTE OF THE MEMBERS IP Ill FOLLOW! G THE MEET! GS. BILL OU~G SECOND ED THE liOTIO .
AYES: Me ay, Resly, Van Dy e, Free .an, Olson, oung
AYS: lone
ABSE T: tone
* * * * * * * * * *
Mr. Gruninger, em er of t e old hire firefighters pe sion plan a d presiden
of the City of Eng ewood firefighters local, presented t e board with a copy
of the bill fro r. Buescher, attorney for the firefighters local, tat
lr. Gr ninger had i red to re lew the proposed restate.ent of t e pension
plan. Mr . Cruninger requested that the pension board pay the bill.
Se eral of t e bers of the pension board stated that t ey had not been
approached ei er indi !dually or in a group nor did e board ote to
direct/appro e Hr. Grunt ger's selection of Hr. Buesc er for r ie 1ng th
plan, prior to t e hiring. therefore, t board did not fe 1 that they should be as d to pay t e cost .
* • * * * * * * * *
h cos 1 ol
• 3 •
I
Firefighters Pension Board
No e ~ber 2, 1989
Page four
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Mr. Young stated that he did not agree with the City Attorney representing the
board, because the City Attorney maintained no loyalties to board. He felt
that the paramount problem with the City Attorney representing the board is
that the City Attorney's loyalties lie with the City instead of with the
indi idual me~bers or the entire board.
Ms. Freeman stated t at she did not agree with Mr. DeWitt's position that he
represented t e board in all legal atters . That if the board felt it was
necessary to hire an attorney, ey could hire a pension attorney, if t at was
the ir decision.
• • • • • • • • • •
The question arose as ow o us vote o c ange benefits. Would all e bers
of t e old hire plan, wor ing and retired ote, or just all of the act i e
participants? As t e board was uncertain of how the vote should be held, they
requested Mr . De itt loo in to the ~alter, and respond at the next board
eeting.
MR. OLSO MO EO TO TABLE FURTHER DISCUSS! 0 THE PAYHE T OF HR. BUESCHER 'S
BILL UNTIL A DECISIO HAS BEE HADE THAT THE BOARD CA LEGALLY PAY THE BILL.
THE BOARD WILL HA E OIRECTIO B THE EXT MEET! G. M~. RESLEY SECO OED THE
TIO .
AYES: an Oy , free an, 0 g, Me ay, Olson, Resley
AYS: •
ABSE T: •
0 t phn and board trs n
propos d chang s, 1f e boa d
no 1f d h It at l i , no
ard ( s lSI ard, fo • no IS an
• • . . • •
Cl '11
11
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Fire Pension Board
November 2, 1989
Page f ive
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DOC 11CKAY ~lOVED TO DEVELOP A PROCEDURE TO REVIEW DISABILITY PENSIONS ON AN
INDIVIDUAL BASIS. MAYOR VAN DYKE SECONDED THE MOTION.
AYES: Van Dyke, Freeman, Young, McKay, Olson, Resley
NAYS: None
ABSENT: tlone
* * * * * * * * * *
E ·1C 1 -6 F-3-2
Mr. Olson explained to all present that there was a question as to who in the
fire department was eligible to receive the 20% disability benefit outlined in
the City Code (EMC l-6F-3-2). Are both old hire firefighters and new hire firefighters eligible to recei e the benefit?
Doc Me ay asked Mr. Dewitt for a legal opinion was to who was covered.
Mr. Dewit responded t 1t In is opinion, all flrefig ters were covered and
bo hold and new hire fireflg ers were eligible for the supple .en tary benefits.
A disc ssion of t benefi fund f ollowed. Both t e board and plan e bers
as d ow Is the bene ft und was funded? 'ere e funds In e Pens on f nd,
olunteer Pension fund 1nd t e B ne 1t fund s Pirate, or w re ey co 1 gl d?
Hs. Fre an expl1ined, ha the funds w re co lngl d for 1 es n purposes,
but that w were 1blt o accoun for t e funds sep1ra ely .
E THE CITY AlTO EY RE IE EMC l-6f·3 ·2, BE EfiT f 0.
E HE TH EE f OS SEPARATE f OS? SHOU 0 THE BE
LO THE BE NAGEO SEPARATELY? DOC V SECO OED THE
A £S : a , ou g, 1y, Olso , sl y
• • • • • • • •
• • • • • • • • • •
Fire Pension Board
Nove mber 2, 1989
Page six
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• •
Mr. Olson stated that he had received a petition from the City of Englewood
Firefighters local requesting his resignation. He ask the representati ve s
present why they wanted him to resign. Mr . Gruninger stated that several of
the members were concerned that Mr. Olson 's latest promotion to Execut iv e
Officer of Safety Services would further re mov e him from the line firef i ghte rs
and he would tend to side with the City aga in st the membership. Mr. Olson
stated that he was a mem ber of the Old Hire Fi ref ig hters Pension Plan and a
membe r of the board of that plan and that he would not resign.
* * * * * * * * * *
Mr. Gruninger stated that during his conversat i ons with Mr. Buescher, the
attorney for the firef i ghters local, that Mr . Buescher stated that since Wa l t
Grodi tzki was no longer performing f i ref i ghter duties, he should not be
al lowed to continue in the old hire firefighters pension plan . Mr . Olson
explained that Mr. Groditzki, as far as the Career Serv ic e Board is concerned,
is a battalion ch i ef .
Mr . Gruninger's pos i t i on is that Mr . Groditski i s no lon ger a membe r of the
fire department but is a code enforcement officer in Community De elopment.
Mr. DeWitt stated that Mr . Groditski is a fire marsh all.
Following further discussion, Mr. De itt stated that he would do r rther
research and give an opinion.
Hr. Olson st ated t ha t he did no t feel that board has the right to arb i t rarily
decided who should or should not be a member of the plan.
• • * * * * * • * *
Annual Performance E aluat ion
s. Fr e an brought up for discussion,. the high cost (one-third of Sl4,000)
rcer Mt tdinger Hanson ( ) charg s the plans to provide h wi th annual
P rfo anct e aluatlon. Hs. Free an as d If he board r fel s o ld
or netd o cont1nue this portion of the ser Ice?
* • • • • • •
6:SO p •• I •
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ENGLEWOOD LIQUOR LICENSING AUT HOR I TY
Nov e.be r 15, 1989
9 F ••
The regular mee t in g of the Englewood liquor Licensing Authority was called to
order by Chai rman Styes at 7:30 p.m.
Present:
Absent:
A quorum was present.
Also present:
Waddell, lunders, Styes
Boardman, Such
Assistant City Attorney Grimm
City Clerk Crow
• • • • •
The record reflects that Member Boardman entered the meeting at 7:35 p.m. and
was present for all official business .
• • • • •
The following renewals were considered:
a)
b)
c)
d)
e)
f)
O) ,
I)
J)
JasMine Chinese Cuisine
203 West HaiiiPden
Diamond Sha roc
4500 South Broad ay
Casual Lounge
65 West Floyd
Dart Board
3467 South Broa ay
Glass Bottle ltquors
336 West H n
Blizzards lou
4386 South Bro
0 Or 9
28 9 Sou 1'1 Br
c re
J
Hotel /Restaurant w/ext. hrs.
Expires Dece.ber 15, 1989
3 .2S Beer Off -pre ise
Expires Dece ber 16, 1989
Tavern with extended hours
Expires Dtc.-btr 19, 1989
Tavern with extended hours
Exp r s D c r 31, 1989
h ern
E p res
1989
ours
1989
I . •
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k) Teco's Hotel/Restaurant License
3487 South Logan Expires January 8, 1990
1 ) Englewood Liquor Retail Liquor Store
3531 South Logan Expires January 20, 1990
m) Safeway 3 .2% Beer Off -premise
201 East Jefferson Expires January 20, 1990
n) King Soopers 3 .2% Beer Off-premise
101 Englewood Parkway Expires January 22, 1990
o) Ki ng Soopers 3.2% Beer Off -prem is e
5050 South Federal Expires January 25 , 1990
MEMBER LUNDERS MOVED, MEMBER BOARDMAN SECONDED, TO APPROVE ITEMS (a) THROUGH
(o) EXCEPT FOR ITEMS (d) -DART BOARD, and (g) -M D DRUG.
Ayes: Boardman, Lunders, Waddell , Styes
Nays : None
Absent : Such
Motion carried.
Discussi on ensued concerning past suspe nsions for Dart Board and M D Drug.
MEMBER LUNDERS MOVED TO APPROVE THE RENEWAL FOR DART BOARD (ITEM d) CONTINGENT
UPON RECEIPT OF AN EXPLANATION IN ANSWER TO QUESTION 3B ON THE RENEWAL
APPLICATION.
Ayes :
Nays :
Absent :
Motion carried.
Boardman, Lunders, Wadde ll, Styes
None
Such
MEMBER IOMDMAN MOVED, MEMER LUNDERS SECONDED, TO APPROVE THE RENEWAL FOR M D
DIUI (ITEM t) CONTINIENT UPON THE RENEWAL APPliCATION lEI HI MOlDED IY THE
LICENSEE TO COUICTLY SHOW A NIOl SUSPENSION WHICH WAS HELD IN AIEYANCE .
AYes : Bo a ~an, Lunders, Waddell, Styes
Nays : one
Absent : Such
Motion carried.
• • • • •
LUNDER$ SECOND£0, TO APNOVE THE COR T£
OG AEfiNl £TI C
, lu drs. 11, St s
•••••
ll SEC
ID£1
D, TO lEC
AlP ICATl
•
CORPORATION FOR A FERMENTED MALT BEVERAGE LICENSE AT 7-ELEVEN STORE TO BE LOCATED AT 3131 SOUTH BROADWAY .
Ayes: Boardman, Lunders, Waddell, Styes Nays: None
Abse nt : Such Motion carried.
It was stated for t he record that Member Waddell, who was ab sent from the
hearing on Novem ber 1, 1989 , has reviewed all the pertinent information
presented at the he aring and has listened to the official taping of the
hearing; Hr. Widdell , therefore, is qualified to cast a vote in this matter.
Member Such is not present due to illness. The public hearing was duly reconvened with a quorum present.
Hr. Mathews, attorney for the ippl ic ant, presented a list of the various
stores in the State of Colorado for which there have been violations during
the last two yeirs, four months. The list was marked Appl ican t Exhibit 3 and
entered into evidence. Hr . Mathews advised that he had no further evidence to present.
Chiir an Styes asked if anyone was present in protest to the issuance of this application; no one Cime forwird.
There were no further questions posed by the Authority Member s regarding the application.
Hr . Mithews requested an opportunity to sum up the ipplicant 's position . ,
• -
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* * * * *
The meeting adjourned at 8;14 p.m.
cay e;:
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ENGLEWOOD LIQUOR LICENSING AUTHORITY
November 1, 1989
9 F ...
The regular meeting of the Englewood Liquor Licensing Authority was called to order by Chairman Styes at 7:34 p.m.
Present : Such , Boardman, Lunders, Styes
Absent : Waddel l
Also present: Assistant Ci ty Attorney Gr i mm
City Cl erk Crow
Deput y Ci ty Cl e r k Ellis
A quorum was present .
• * * • •
MEMBER BOARDMAN MOVED, MEMBER SUCH SECONDED, TO APPROVE THE MINUTES OF THE OCTOBER 18, 1989 MEETING.
Aye s:
Nay s:
Ab s ta in:
Ab se nt :
Motion carried.
Suc h, Boa rd man , Lunders, Styes
None
None
Wadd ell
• ••••
MEMIER LUNDERS MOVED, MEMBER 10ARDMAN SECONDED, TO APPROVE THE RENEWA LS FOR E
Z LIQUORS INC., 3353 SOUTH SANTA FE; HON8 KON& RESTAURANT, 5050 SOUTH FEDERAL;
ENGLEWOOD ELKS, 3610 SOUTH JASON STREET: AND KNIGHTS OF COLUMBUS, 3100 SOUT H WINDERMERE .
Ayes :
Nays :
Abst1fn :
Absen
tion carr1 d .
Such, 8oardM1n , Lund rs, Styes None
Non
lladd 11
• • •
•
•
Motion carried.
• ••••
MEMBER BOARDMAN MOVED, MEMBER SUCH SECONDED, TO APPROVE THE CHANGE OF
CORPORATE STRUCTURE FOR HIOS INC. DBA SOUTH CENTRAL II, SOB EAST HAMPDEN AVENUE.
Ayes :
Nays :
Abstain :
Ab sent :
Motion carr i ed.
Such, Boardman, Lunders , Styes None
None
Waddell
• • • • •
MEMBER BOARDMAN MOVED, MEMBER SUCH SECONDED, TO OPEN THE PUBLIC HEARING TO
CONSIDER AN APPLICATION FOR A FERMENTED HALT BEVERAGE (3.2% BEER) OFF-PREMISE
LICENSE FOR THE SOUTHLAND CORPORATION DBA 7-ELEVEN STORE #29508, 3131 SOUTH BROADWAY.
Ayes:
Nays :
Abstain:
Absent:
Motion carried.
Roll was called.
Such, Boardman, Lunders, Styes None
None
Waddell
Prestnt : Such, BoarO..n, lund rs , S yes Abstnt : Wadde 11
A quoru as prtsent .
The follo ng ex 1bits rt tnttrtd nto th r cord b
T
wrl
l.
2.
3 .
• 2' •
Otputy City Cler
I
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Southland, she stated there had been no liquor violations at either of the
stores where she was employed . She stated she was familiar with the other
similar type outlets in the area; she felt their was a need for the license at
this location based on convenience from people living in the immediate area.
She further stated she desired the license be granted. She explained the
carding policy of Southland which is strictly enforced . She testified as to
the location of the beer storage area , stating that the storage area is
visible to the cashier. She further testified that the storage area for beer
is locked prior to midnight.
Mr. Tripp returned to the pod ium and i dentified for the record Applicant
Exhibit 1, affidavit of post i ng of the property gi ing not ice of this publ ic hearing.
Max Scott, Oedipus, Inc ., Bou lder, Colorado, duly sworn , presented test imony
relative to the pet i tioning done by his firm within the neig hborhood . He
provided infon~ation concerning his experience in this field. The Summary
Report dated November 1, 1989 along with the acc~panying petit io ns were
marked Applicant Exh ibit 2, and each petition 2a, Zb, 2c, and 2d and accepted
into the record . Mr . Scott stated that 302 qualified con tacts were made; of
those contacts there were 214 signatures and 4 ver als (72.19X) favoring
issuance based on needs and desires and 80 signatures and 4 verbals (27 .81S)
opposing i ssuance based on th n ds and desires . r . Scott responded to
questions fro. the Authority regard ing the petit ioni ng .
B 11 Montano, 3655 South Otlawart, as calltd as 1 ltness and duly sworn . He
was of the opinion t at tht n tds and desires of t n lgh borhood re no
currently being .. t and he was d s ro s that e a~pl cation be approved . He respond j o quest ion ng.
IJ
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• ..
The Authority recessed into Executive Session at 8:55p .m. The public hearing
reconvened at 9:15p.m.
Present : Such, Boardman, Lunders , Styes
Absent: Waddell
A quorum was present .
Chairman Styes questioned Mr . Mathews as to whether he had presented all his
evidence. Mr . Mathews confirmed that he had .
MEMBER SUCH MOVED, MEMBER BOARDMAN SECONDED, TO SUSPEND THE PUBLIC HEARING
UNTIL MORE DETAILED INFORMATION IS SUBMITTED REGARDING QUESTION 8 B AND C OF
THE APPLICATION; TO RESCHEDULE THE PUBLIC HEARING TO NOVEMBER 15, 1989 AT 8 :00 P.M.
Hr . Mathews noted that questions 8 b and c are relevant only to the extent
that they reflect on the character and reputation of the applicant. He stated
a public hearing is held to detenaine character and reputation of the
applicant and needs and desires . He requested the hearing be closed as to the
needs and desires portion of the public hearing, as there were no protestors
at this hearing and they had several witnesses that had testified as to the
needs and desires of the neighborhood .
Discussion ensued. Chairman Styes stated they could not make a determ ination
on the appl ic ation until they had all the Information. He stated the request
would ~· so noted.
ott results:
Ayes :
ays :
Absta in:
Absent :
on carried.
Such, 8oardaan, Lunders, Styes
one
ne
add 11
• •
proc r •
• • • • •
• • • • •
uld not b r qu red o
applicant uld not bt
I
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The m ~eting was adjourned at 9:45 p .m.
,?fa &,i£((, L u ~
D~City Clerk
•
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Police Retirement Board Meeting
October 12, 1989
The regular meeting of the Police Retirement Board was called to order at 4:30
p.m., Thursday, October 12, 1989, in the office of the Director of Finance,
City Hall, 3400 South Elati Street, Englewood, Colorado.
Present:
Absent:
Plan Restatement
Norman Wood, Police Representative
Margaret Freeman, Director of Finance
Mayor Susan Van Dyke
Charlotte Pritchard, Recording Secretary
* * * * • * • * * *
Margaret and Norm discussed the latest plan changes requested by the board and provided by Mercer Heidinger Hansen.
Article 11, Section Acceptable as presented.
Article IV, Section 3 needs more clarificltion.
Article V, Section Acceptable 1s presented.
Article V, Section 7 Acceptable 1s presented.
on. stated that he would encourag t t rs o 1dopt t e restate ent by
reference with an effecti e dltt of Ja uary 1, 1990.
* * * * * * * • • •
Pension Pay nt Liability
Issue : How ch liability dots Cl o E gl ood Pollet P nston Plan h1 e for benefi PI nt If:
I. R Uri g tlon rtf nd r on or re pre iou s
1 . •
3 . . l u
4 , t • d I
s. •I bill
0 • 1 c A 0 I C
I
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• •
• • • • • • • • • •
Investments
At year end, after Boston completes 3 years, reevaluate investment program and
possibly consider investigating a change in investment managers. Will suggest
and encourage same with other boards.
• • • • • • • • • •
Actuarial Services
Concern with Mercer Heidinger Hansen fees -need to cut down perhaps go out
for bid later one.
• • • • • • • • • •
The meeting adjourned at 6:41 p.m.
-
. " .. •
CIU>INAOCE 00. .2.1
SflUES CF 1989
•
• •
CXXK:n. BILL 00. 44
nmaxx:m BY cxucn.
~HMEmorr
AN CIIDINNQ APPIOID«; AN .AGREfMNr ~ CI'N CF ~ AN> CEN1JW.
auJWX> LIJ!RARY SYSnM 'ro EXPFN:l 'nm FmDW. GMNT nHlS PREV'IOOSLY AWMDED
'ro THE CI'N BY 'lHE CCI..CIWX> STAm LIBRARY liiD THE LIBRARY SDV!CE:S AN> ~OOICf.
l\IIDU:AS, City Council previously approved the application for qrant
project to purchue and install a CD-JOot Reference Center in the Englewood Public Library;
tOf, 'l'H!JUJiat!:, BE IT ~ BY THE CI'N CXXH:IL CF THE CI'N CF ~. auJWX>, 'Dflcr:
Section 1. An ~at bebMen the City of ~lewcod and Central
Color.&; Llbiary Syst .. to ecpend the $13,240 in faderal. qrant funds
previously -.rdlld to the City by the Color~ St.te Library wader the Library •
Services and Ocnstruction Act to purc:hue and inst&ll h&r~ and .afbolare '
tor a aHOt Refentrw:::e Center for uae by the public and ataft ia henlby ~.
Sect on 2. 'l'he Mlryor o f the City of !nglMQ)d ia t.n.by authorbed to
aiCJI'l Ala Letter o f for and on Wf of the ~lewcod Public Library.
i n t ull, ancS puMc1 on fin ruding on the 4th day o f
Decellbtr, lHt.
1 1 0
. _, • en
I .
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•
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I, Patricia H. Crow, City Clerk of the City of Fl'lqlewood, Colorado,
hereby certify that the foregoing is a true copy of the Ordinance passed on
final reading and published by title as Ordinance No. __ , Series of 1989.
Patricia H. Crow
•
•
• -
9 ,,
BY AlJI'HORITY
amnwn: NO.
SERIES OF 1989
a:xN:ll. BILL NO. 45
Im'ROOOCED BY CUJNCn.
~XCLTAY
AN (R)lrwn: SUEtUTl'~ TO A VC1l'E OF 'mE QUALIFIED ~ OF 'mE CITY OF
FlG.EHXD, ~. AT A SPEX:IAL MJNICIPAL EUX:"l'I<N TO BE HELD 00 JANUARY 30,
1990, PR>POSED AMflD!ENl' TO 'mE CHARTER OF 'mE CITY OF ~ TO OW«iE 'mE
BB:iiNNIN:> OF 'mE 'l'ElU>IS OF COOtl:ILPERSClJS EUX:.'TID.
BE IT CIUliUNm BY 'mE CITY cnJtell. OF 'mE CITY OF ~, <XLCIW)(),
AS fU.LCWS:
Section 1. 'nlere is hereby sut:rnitted to the qualified electors of the
City of Englewood at a special l!l.lnicipa1 election to be held on January 30,
1990, prqx>sed anencbent to the Olarter of the City of Englewood, as follows:
1
That effective ~ately upon approval of the qualified electors of
the City of Englewood and the certification thereof to the office of the
Secretary of State of Colorado, pursuant to Section 9, Article XX, of
the Colorado Constitution, the Olarter of the City of Dlglewood, and
Secticn 31-2-210 Colorado Revised Statutes, Article XV, Section 22 of
Article III of the Home Rule 0\Arter of the City of Englewood is hereby
lnl!nded to re d as follows:
22:
I •
•
• •
FOR ~1 AGAINST
Shall Section 22 of Article III of the Englewood Iiane Rule Charter be
amended to allow the terms of Councilpersons to begin at 8:00 p.m. on
the day of the next regularly scheduled City Council meeting after the
election?
And each elector voting at said election and desirous of voting for or against
said amenanent shall indicate his choice by depressing the appropriate counter
of the voting machine which indicates the word "For" or "Against" or by the
appropriate marlting upon paper ballots, 1oh!re used.
Section 3. '!be proper officials of the City of Englewood shall give
notice of said special lllll'licipal election, 1ohich notice shall be published in
the manner and for the length of time required by law, and the ballots cast at
such election shall be canvassed and the result ascertained, detennined, and
certified as required by law.
Introcb:ed, read in full, and passed on first reading on the 4th day of ~r, 1989.
1989.
Published as a Bill for an Ordinance on the 7th day of [lecent)er, 1989.
Read by title and passed on final reading on the 18th day of Dec:erdler,
Published by title as Ordinance No. _, Series of 1989, on the 21st day of r, 1989.
Ate t:
Patricia H. Crow, city clerk
k. crow
0
I .
·?ROOF OF PUBLICATION
Englewood
Sentinel
STATE OF COLORADO
COUNTY OF ARAPAHOE } ...
I, K•r•n Sow./1 do solemnly swear that
I am the Publl•hMol the Englewood
Sentinel; hat the same is a -ekly
newspaper published in the C~y of
Englewood on the County of
Ar•p•hoe, State of Colondo, and has
a general corculation therein ; that said
newspaper has been published
cont •n uous and unonterrupledly in said
County of Ar•fM"-lor a period of
more than 52 weeks proor 10 the first
publocatoon of the anne•ed nocic:e, that
s od newspaper IS entered In the Post
Ollce of Eng-.ood, ~.as
second clus m811 mMI8f end lllalltle
s id ne paper IS a newspaper Millin
the mean•ng of the lid olthe G8flaral
A sembly of the State of Colof8do,
approved Meidl 30, t923, end entllled
"legal Notoces and ~s·
and other ads relating 10 the pnnlong
and publ.shong of lege! noca and was
published on lhe r.out. end enen
ves of ' od newspaper , once MCh
~.ont ,_ftyofr --
,01 the periOd of
COftMC\11 ~ thai the ,,.
!)Ub~QtlOn of nod noca-on lhe
.,. of s ne.-speper ~ed )( 3o
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Englewood
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CIIDINAOCE NO.
SEmES OF 1989--
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CX:UCn. BILL NO . 40
IN'maX.Ol> BY OXN:n.
ME2-mElt CLAYTON
AN CIIDINANCE AMI:lmn«; TITLE 16, CHAPTER 4, SFX:"l'ICN 19, ~ 1-lJNICIPAL
CXDE 1985, CXJoiP~IVE ZOOIN:; CIIDIW..'a, RmMOn«; 'l1iE SIGN ODE .
1 OB~
\-~. there are sections of the present Sign Code that the City staff
and public have indicated are unclear; and
_ '• \'lHERF.AS, changes in t."le regulation of signage in the low-density and
high-sensity residential zone districts will r:cre closely reflect the make-up
and character cf these zones; and
li!OEAS, after p rcper notice, public hearing was held before the
Planning and ZOning Cclm\ission on these proposed changes on October 3, 1989,
at ...nich repr'Heltati ves o f the Greater Englewood Olantler o f Camerce
1
the
s i gn ~ies, and a local bus inessman favored the proposed ch&nges ; and
~~ the Planning and Zoninq Cclm\iss ion prepared Findings of Fact,
Concl usions, and Reccr.ttendllt i ons for the proposed c:hanqes;
!Of I ~. BE IT ~ BY 'niE CITlC O:UCIL CE '1HE CITlC CE
DG.!WXX>I ~. THAT :
Secti on l. T1 tle 16 1 0\apter 4, Section 19 1 D'lq1ewood U'l c p&l Code
1 05, en I tled "Sign Code I " 1a t.nlby an.nded u follows:
U-9-85
10/18/89
~'l:ltr;ln 1 -1 -1
-1,_1
-1t-3
~~ ..... 1 -1
. . . . . . . . . . . . . . ' ................................ .
....... ,.. ••···················· s
l -1 .................... •· ..... .
-~ .. 1 • • • • • . • • • • • • • • • • '... 7
-~-l!i;rl 1 -1 ' •
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Secticn 16-4-19-8 Signs Permitted in R-1-A, R-1-B, R-1-c, R-2, and R-2-c
Zone Districts...... . . . • . . . • • . • . . . . . . . . • . . . . . . . • • . . . . . • 8
Section 16-4-19-9 Signs Permitted in R-3 and R-4 Zone Districts .•....•.• 11
Section 16-4-19-10 Signs Permitted in Commercial and Industrial
Zone Districts. • • . • . . . • . . • • . • • . . . . . . . . . . . . • • • . . • • • • . . • 14
Section 16-4-19-11 Sign Area 1·1easurer.ent.. . . . . . . • . . . . . . • • . . • • . . . • . . • . . • . • 18
Secticn 16-4-19-12 ~taintenance.. . . . . . • . . . . • . . . . . • . . . . • . . . . . . . . . . . . • • . • • . . 19
Secticn 16-4-19-13 Nonconforming Signs ..••..•..•••......•...••.•.•••...•. 19
Section 16-4-19-14 Prohibited, Hazardous and Abandoned Signs .••••.•••.•.. 20
section 16-4-19 Sign COde.
Section 16-4-19-1 General Statement .
'lb! City Planning and Zoni119 CamUssion and City Council recognize that si9Jl5
are a necessary ana of visual ccr.m.mication for the oonvenience of the
public, and that it is the right of these concerned to identify their busi-
nesses, services or ot.i-)er act vi ties by t.'le use of signs. ~r, the ~
misaion and Councal are also •-are that citizens of D\glewood are concerned
about adopting and enfcrcint) sound envirOI"IIIentAl practices, including the
strict control of siqns , a."'d lW inq signs to these whic."' are accessory and
incidentAl. o t."'e on t."'e premises where such signs are l~ted. It is to
s end that the followin<J C?O&ls are set f crth end he regulations in th s ion are nary.
A.
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~%ardcus conditions that re.W.t frCJ'II a 91'\S
•, obscure v a on ot or sta, anc1/or
se.ry t.r&ff c s 9Mla or other tr&ff c re<J-
i.bl , Md ~tFPrcpriate t.o
i r wrrouncunq th
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Section 16-4-19-2 Scope and Application of this Section.
These regulations shall govern and control the display, construction, erec-
tion, alteration, re:nodeling, enlarging, rroving or maintenance of all s igns
permitted within all zone districts established by this Zoning Ordinance and
any ar.endments the~etc.
This sign code shall be administered by the Director of the Department of Cam-
mmity Develcpnent who shall have the pc:l\oll!rs and duties set forth and those
necessarily inplied to achinister anc enfo rce thi s code; tl1e Director may i s-
sue a?Propriate proceeure s and f o rms.
Upcn application to a.,d i ssuance by the Departl'ent o f a permit, therefo re, a
sign may be erected, alter ed an <! maintained only f o r a Permitted Use in the
Distric t in which the s i gns are located; signs shall be located o n ~e 5a11e
lot as the Permitted Use t.JNU:SS CYr"riER\~SE PR<NI:Dm; twsU'i~, however, ~ no
sign o f any type shall be erected o r maintained for c r by a sing l e-fa~TU.ly ,
two-family or three-family r esidential use , exce;>t Hcr.e Occupatio n signs and
certain signs f o r "tlich no pem .it is required .
Nothing herein contmned shall be deen'ed a 'o~Uver of the pra.risions of any
ot.'ler crdinsnce or regulation 9r>lica1Jle to signs . Signs located in areas
governed by several ordinances Me/or applicable requlations shal l CCJiPly with
all such ordinances and regulations . If there is a conflict between the reg-
ul ations in this Section and any other orctinan.."'e or regulations , the r-ore
s tringent regulatio:'ls shal l a~ly .
Section 16-4-19-3 Pe~its.
A.. ~I"'"'J.t ~red .
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If the Depart.Irent finds t.'"lat work under any permit issued is not in ac-
cordance lvith the inforr.oation supplied in the permit application and/or
is in violatic~ cf this or any other pertinent ordin~,ce; or should it be
found that there has been any misrepresentation in connection with the
ap?lication for the permit, (including non-sufficient fund checks); the
sign o;mer cr lessee or erector shall be notified of such findings and
that the violation must be corrected within five (5) working days of
notice. If sue~ correction is not made, t.l-le permit shall be revoked and
written notice thereof shall be served upon the sign owner or erector.
No person s~all proceed with any part of such work after such notice is
received. The owner or lessee of the sign or the a.mer of the property
en •lhich t~e sign is loc<'lted s~ll have the right to appeal the decision
of the Depart.~nt in the manr.er provided for in Section 16.2-8 a of this
Ordinance.
If actual work either on or off-site is not commenced under any sign per-
mit issued within sixty (60) days fran the date of such permit, the per-
mit shall autanatically hecate null and void. Delays which are not a
result of willful acts or neglect of t.'le contractor, owner or person ob-
taini ng the :;-ermi t may be excused and the Director may grant an extension
of ti.rre in whi c h to start or res ~..r.~e operations. All requests f o r exten-
sions a,,d a[:proval thereof shall be i n writing.
\-h!n any permit has been revoked under t.'1e terms of this Section, permit fees shall not be refu~.
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signs in the City of Englewood shall be duly licensed by the City. A
person who has applied for a sign permit and is net engaged in the sign
erecting business may be allowed to install, erect, move, or maintain his
own sign 1J?Cn der.onstration to the Departr.ent that he possesses suffi-
cient knowledge and skill and is a?PrQ?riately insured fer public protec-
tion. U?on such demonstraticn, the Director or desi~ee nay issue a non-
renewable sign contractor's license. Such license will be valid only for
the installation, erection or ~ing of signs as specified on the permit.
NI:'HIN .~ RESIDElr.:'IAL ZCNE DISTRICT, niE HCl·1ED·I!lER MAY APPLY FOR A NCNREN-
~"U\BLE SIGtl ~' S LimlSE FOR USE CN HIS 0\'N PROPERTY. FOR su::H A
LICDISE, 'mE LICDISE FEE \"Jill, B!:: I iAIVED.
Before any permit is issued for a sign whi.eh i:e leeatled aver public-~
..-y N which nay requir<! any \.'Ork over public property, t..'"le erector
shall furnish to the City a certificate of insurance fran a firm with
COI"?Orate surety, and authcri:ed to do b\:~iness in the State of Colorado,
fer public lial:ili ty and !?rc;>erty ~.age in anounts established by the
oepar-..nent c:-f not l<!ss than the folla..•ing and covering t..'"le liab11lty o f
~ sign erec o r with respect to all work performed by him or his agents
or e!!plO"/ef!S:
For ~ath or injury to y one rson ...•.•. $ 100,000
Tot 1 liability in any one acci .•••..... 300,000
Property darr. • • • • • • • • • • • . • • . . • . . • • . . • • . . • . so, 000
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In resi dent i al zone districts, there shall be no r.ore than t>10 (2) elec-
tion signs per each lot ; they shall not exceed twelve (12) square feet o f
total sign area, and shall be no r.ore than six (6) feet in height above
grade. In C0.":1'!¥:!rc i al and industrial zone districts, there shall be no
r.ore than two ( 2) per each street frontage; they shall not exceed twenty-
four ( 24) square feet of total sign area.
C. Flaos . Flags of n ations o r an organization of nations, states and
cities.
D. Hol i day Decoratio ns. Signs in the nature of decorations, clearly in-
cidental and ccmoonly associated wi th any nati onal, local or religious
holiday; provided t."lat such signs shall be displayed f or a period o f not
r.ore than sixty (60) consecutive calendar days. Such sign s may be o f any
type, n ~r, are a , he i ght, locaticn , illumina t ion , o r animat ion , and
shall be loca t ed so as not t o con fl i ct with traffic regulato ry devi ces
AND >-~ NOT SUBJIX:'T 'ro THE !-IAX:ll i.M WDma-J <XlVEIUIGE C£ 251..
E . Ideological Signs . I deological signs not rore than twelve (12 ) square
feet in total sign area . Such signs are limited to not 110re than two (2)
per lot.
F . Ilhun.inated Buildings . Providing no signs, syrrbols, letters, figures,
etc., identifYing a nar:e , service, or product, occur on the building or
the part of the building which is ilh.ninated .
G. f.ter:crial Signs . ~lenk:>ri al signs or tabl ets, giving the .,.,. of building
and C!a~e of trf!Ction, \ohen cut into any muonry aurfac. or inlaid so u
to be part of the ~l~ng .
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N. Works of Art. 1-Jorks of art which in no way identify a product.
O. ~ SIGNS. A SIGN 001' ~t:>RE THAN 'lWELVE (12) SQUARE FEET PER FACE
IN AR&a. .AND NCfl' M:m: THAN 'lWENl"i -FOOR ( 24 ) SQUARE FEET IN 'lUrAL SIGN
AREA, WHIOi N.~1ES 'niE CCNl'AAC'IDRS CR SPOOSORS El'GIGED IN COOSTRUCTIOO 00
THE PROPERTY \IHCRE THE SIGN IS u:x::ATED.
P. REAL ESTATE SI~E. SIGNS IIHIOi ADVERTISE THE SALE, RD.-rAL CR I...F.ASE OF
THE PRDUSI:S t.IPCN ~'H!Cli SAID SIGNS ARE u:x::ATED SHALL CXJ.1PLY Wl'Ili 'mE FOL-
~ STANDARDS.
l. RESIDEm'IIIL USES A.'ID »ri USE IN 'mE R-1-A, R-1-B, R-1~, R-2 .AND R-
2~ ZOOE DISI'RICTS SHALL BE PER.~TI'ED CNE (1) SIGN OF NCYl' !'ORE THAN
SIX ( 6) SQUAAE FEET PER FK:E IN AREA. SOCH SIGNS SHALL NCYl' EX'1'rnD
CR ?ROJEX:'T OVER A.Vi ?ROPER'IY LINE.
2. CCU1ERCI11L, OITICE, AND rnDUSTRIIIL USES IN THE R-3, R-4, B-1, B-2,
I-1 AND I-2 ZCNE DISTRICTS SHALL BE P~UTI'ED ~ (2) SIGNS OF NCYl'
:.au: THA!J THIRTY-'1'~ (32) SQUARE FEET PER FACE IN AREA IF THE STREET
rna :rAGE IS l·l:m: THA..._ CNE HUNDRED ( 100) FEET, OR 'I'~ -FOOR ( 24 )
SQUARE FEET IF THE STREET F'RCNrAGE IS OJE HUNDRED ( 100) FEET CR
LESS. SOCH SI~S SHALL !X71' EX'I'E:\'D CR ?Rru'OC'T OVER l>N'i PROPEM"i
LnlE .
Section 16-4-19-6 Signs SUbject to Tep?rary Permit. The following signs lllllY )
be displayed in the designa @<! zone district under the conditions described,
upon grantil'l9 a ~rary pe:mit.
A. Special Event Signs. In residential zone districts, special event signs
are ~iT.il id in addition o all other a <;~ns all for a PelT\i.tt@d use.
S\Jc."' i!i<.]!'.s all be linu @<! to one (ll "'-all or one (l) ground sign, sub-
J t.o ll.T\ita ons rl.be<! in tlua Section and n Section 16-4-19-8 A
a; no re than tw~tl\ (12) f t in ~ t, and shall not welve
(Ul square f t in ar , and shall not. diapl~ fer . re than thirty
(30) 1
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d&J& aftez Use effa:tive date of Uds etdi:aaw:e. !tria ftCjist:zatiaa DJSL"'he
rrr rn1 on ~basi&-thereUter -and tUJ:ject: to-the-followi.n~J-candit.i~.
B+ ARi .... Ual -.ea IIMU ~tted-~tl-}-11iCJR -of-~mm-t:hln
Bill (&) ..,,,.... feel per fee in .... !lx:h--si~shalls not exten4
05 pil8j~ .-ry--~-line..
~ GsCL1dai, affiee, •lid ~.-e1 llhall-be--pm::ait:ted-blo-(2)-
siiJNI ef ~ ..... a t:hM tJ\irty-blo--f32)-8qiiU'e feft-pK face in araa.
!b:!1 siyus ahall not: extend or sroject: aver ~ p:qw:ty line.
Section lt:-4-19-7 + Sians Prchibited in all Zcr.e Districts . 'l!le following
siCJnS L.""e prohi!)ited in ill zcne districts and ar~ &Clare<! a nuisance by the
Depllrtr"ent •
-'· An\• q:'OI.InC! ~tign '4i hin a triangular area of thirty (30) feet alonq t1o'O
(2) Sldl!s of an inten~icn of curbs of t1o'O (2) streets, a railroad
riah -of--t anc'l a street, a driveway and a stnet, or an alley and a
street, loot\ic:h c5oes not have a clur area of MYen (7) feet ~ the 91"• 1...,.1 and the batten of the a CJI"' unle .. lppE'CIMd by the City 'lr&f-
tic P.ngineer.
1. AnlJIV\ted siqr.s ~ barber poles.
C. ~. DC!P'r -'5 IN 16-4-19-6 I AM> 16-4-lJ-10 E 6, ~. valenon
.., vtnd i9"JI.
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"9 OC blinkinq 1icllta OIC Si9"JI, ~for~ .-v:! t .-v:!
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Section 16-4-19-8 9 Signs Permitted in Residential Zone Districts: tt-i-1\,
R 1 B, R 1:-e, R-2; R-2-<:, R-2-<:/S.P.S., R 3 and R-t.
Signs which rreet the follcwing criteria may be constructed, displayed and
maintained in the residential zone districts P.-1-A, R-1-B, R-1-<:, R-2, AND
R-2-C_d 3 and R-4-in addition to t."lose pe:mitted in Section 16-4-19-5 and
Section 16-4-1~-8 E 1 9 e.
A. Permitted t-laxi..rtun Nlm'ber.
2.
~One-Family, 'l'.lo-Family, 'nlree-Family and Four-Family Residential
~
For the permitted uses, no signs except as specified in Section 16-
4-19-5 and Section 16-4-19-8 E 1 'e (1).
-#) M111Ui ar..Yy Rellidendal Ullell'""'<'f-Pi !!-j 5 )=or-tlxe U'li.ts.
ftlr the pezwitted-1Jses,-on~-U;·t-SiC)R per-stnet-front:.
~ Religious In~titutionsa EdUcational Institutions, Public Facilities,
Hosoitals, clinics, an ProfesslCi\il Olflcn.
For the permitted uses, three (3) signs .
3. -toft Other Lawful Non-residential Uses .
For the pet'IIU ted uses, two (2) signs .
B. Penldtted tWdltutl Sign AI-. •
~OM-f"aiiUly, '1\olo-F
~
For the DIU t.ted
16-4-19-• (1).
,, one Ul on
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3. ~ Other !:..:!.\,..Ful Non-resic.ential Uses.
For the ?E!rYr.i tteC. ·~ses, twenty ( 20) square feet total with no single
sign face to exceed ten (10) square feet.
c. Permitted Sicn 'l'Vt:>es.
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~Ground Signs. Ground signs are permitted only for religious and
educational institutions, AND public buildings . hsapi~s, gl~
~ion&l--oU~forty-{40}-cr lll)[l! residential units. Such
signs shall be no m:lre than fifteen (15) feet in height and shall be
set back ten (10) feet fr= t.l-}e prQ?erty line and are subject to the
li.rnitaticns described in Se;:;tion 15-4-19-7 ~ a .
~Marque'!!S, Canooy o r Awning Signs. All signs shall be parallel to
the bee of the marquee, canopy or liWiling upon which such signs are
displaj'K and shall not project above or below the face of the mar-
quee, canopy or a-.ming, and s~ll only identify the business by narre
and/cr address .
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E. Signs Adc.iticnally Jl.ll C'v.oe d .
#+ Hc:r.e Occupation Sign. Hare occupation sign not mre than one (ll
square foot in area, \otlich is affi>:ed to the b-ui l ding, and which is
unlighted and unanimated.
thi ~~ ~· ~~tification-Wall Si9f1S. -For ~ ~ iflef~..axi•n-hei~ pecnitted-in t:.he--R-3-ZClne
Bilft:riet!, addi'tieual -*-i9'-are&-shal.l-be-pexmitted for-building i<BIHf-icat-ion-purpo~-Lot-oonfoD!Wloe-\ti.t."t the-schedlle-seot:-forth ~...-si<;lR-are.-sl'la.ll -be -ba..<>ed -uporl--it-square--footage-factor-Dallti-~-OORZE!At.-al -linear-f"ootage of-the building facade at the ~~aeadf!. when! the sign is placed.
~ l"er-si'J!ls locat-ed fn:n ixty -( 60) feet to one hundred ( 100) ~in-height, the-factor-sha.U b!-five-(5)-square feet.
~ filetP si1Jfts loeat-ed-&alt-~-one (101) to one tu.dn!d..
fifty-(150) feet in height, the factor shall be six (6) square ~
~ FW eitJM l~ed-o•~-hu!ldr:'!ld fifty~ (151) feet to two tu.-~00)-fi in heifjlt, the factor shall be tle'Yen (7) 8lplre feet.
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~ Pemitted r~ !bllbera O'le-{1}-sign ·-for-each-street
frontage.
SEX:TICN 16-4-19-9 SIGNS PERMI'I'I'!D IN RESIDEl'n'IAL zcm: DISTRICTS.
SIGNS WHIOf HEET '1HE F'OI.LCMIN> CRITERIA MAY BE CDIS'l'RtX:'l'E, DISPI.Anll 1\ND
w.INrAINED m '1HE R-3 AND R-4 RESIDmri.AL ZCNE DISTRICTS IN ADDITICN ro no;E
PERMI'l"1'm IN SEX:TICI~ 16-4-19-5 AND SEX:TICN 16.4-19-9 E.
A. PE»li'l"l'ED H~ •. xn.u1 NtJ.mER.
1. CNE-FHm.Y, '1'\'~FIIMILY, "mREE-FAMILY AND roJR-FAMILY RESIDmri.AL
USES.
FCR '1HE Pf»liTI'ED USES, 00 SIGNS EXCEPT AS SPEX:IFIID IN SEX:TICN 16-
4-19-5 AND SEX:TICN 16-4-19-9 E 1.
2. 1-IJLTI-F»m.Y RESIDDn'I.AL USES CF FIVE (5) ~ Km: UNITS.
FCR '1HE PERI.U:TI'Il> USES , CNE ( 1) SIGN PER STREET FRCNl'.
3. RELIGIOOS INSTI'lUI'ICNS' EDOCATictW. INSTI'lUI'ICNS I PUBLIC FACILITIES'
JfJSPITALS, CLINICS, ~m PRCFESSICIW. CFFICES.
FCR '1HE PER!-UTI'ED USES, 'lltR!Z ( 3) SIGNS.
4 • anfER I.Aiif\IL l~RESIDfNl"'AL USES.
Fat ntE Pf»tiTI'ED USES, '1'«> ( 2) SIGNS.
B. PE»tlTl'm fNDU4 SIGN AREA.
1. ~FNoi!LY, '1'«>-FAMILY, 'ntRf%-FAMILY AM>
~
y RESimm'IAL
Fat ':HE PDMIT1'ED USES,
16-4-19 9 E 1.
( 1) SQUARE POC7!', AS Pk'NIIZ> IN S!Cn
2. !U:TI-DKILY
(32)
l.
100
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NO SINGLE SIGN F.;c:E S!W.L EXCEED mE HUNDRED (100) SQUARE FEET EX-
CEPT AS PROVIDED IN S!X.'TIOO 16-4-19-9 E 2.
4. OI'"rlER I..r..l':ruL ~-RESIDENTIAL USES.
F"'ffi TIE ?::.:R:·ll'l'7ED USES, n-."ENTI ( 20) SQUARE FEET 'IUrAL WITH NO SDG.E
SIGN FACE 'ro SXCEED TEN ( 10) SQUARE FEET.
C. PE»!ITI'ED SIGN T'iP::S.
D.
1. GROUND SIGNS. GROUND SIGNS ARE PERr.UTl'ED CNLY FeR RELIGIOOS AND
m.x:ATI~ INSTI'IUI'IOOS, PUBLIC BUILD!NiS, HOSPITALS, CLINICS, PRO-
FESSIClW. OFFICES, CR FORT"i (40) CR !.mE RESIDENI'IAL UNITS. SOCH
SI~S SHALL BE UO l·rm: THA..~ FIFTEEN ( 15) FEET IN HEIGHT AND SJW..L BE
SET B,').CI~ Til~ ( 10) f=:ET EO·l 'nO:: PRO?CRTI LINE AND ARE SUBJEX::T 'ID THE
LD·!ITA':'ICXIlS DESOUSED IN SIX.'TION 16-4-19-7 A.
2. !·~, CRXJPY rn ,'IJ~l:i SIGNS. ALL SIGNS SHALL BE PAAALLEL 'ro
THE F.!\CE OF 'IY.E :!ARQUE!:;, CA!D'Y CR A! •mx; t.JPC:N WHIOi SOCH SIGNS ARE
DISPL.;Ym .r,r-.'0 SR!U..L Uf PROnX:T I>roJE CR BE:r..<W THE FACE OF THE MAA-
~ CAlKJPY CR A!;:m¥.;, ~;o SHALL QlLY IDE:r.'Ui' THE BUSINESS BY NAME
'M:0 /00. RESS .
3. 1-ru.L <=I~S. l:iUL SI~;s SlW..L BE !:0 GRE.'.TER ~ 'nolflri'Y (20) FEET IN
HEIGHT, >-10 SHALL :ur PROO::CT I 'IW.! ~VE (12) DOlES FRCM THE
FACE OF THE BUW:m~ 'ro :H.!Oi IT IS ATrN:HED A."m SHALL 001' EX"l'fM)
A1!DfF.. ~ Lr.:E 'ni:: ?.~ET ~;N.L.
4 • l<.T. I SI :S SHALL Uf ocx::uPY M:JU: 'niAN 25"1. OF THE
liHIOf ~ ~ DISPLAYED 1.::0 SHALL 001' OISPL.\YED IN
1-"VEL .
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b. FOR SIGNS :u::x:ATID FRCN O!JE HUNDRED OOE (101) TO OOE HUNDRED
FIFTY (150) FUT rn HEIGHT, THE FACTOR SHAU. BE SIX (6) SQUARE
FEET.
c. FOR SIGNS :u::x:ATED CNE HUNDRED FIFI"i~ (151) FEET TO T<O HUN-
DRED ( 200 ) FEET rn HEIGHT, THE FACTOR SHAU. BE SEVEN ( 7) SQUARE
FEET.
~llLTI-S'lUIUID BUn.Dnx;s ~lAY BE ?ERHI'ITED IDENTIFICATICN \'W..L SIGNS
OF 'IHE SIZE PRO\TDID BY SUBP.~HS 1 THROlXiH 3 FOR EACH BUILDlll:i
FACADE VISIBLE FRGI A PUBLIC RIGHT-0F-WAY. WALL SI~ AREAS PER!·l.IT-
Tm BY THIS SUB..~ICl~ FOR Q~ F .;CADE !·lAY NCYl' !?£ US.W FOR WI FACADE
c:Ynim THAll THE FACE FOR \lh'10i SOCii ALLC:Uf\.~ IS GRANTED. SOCii SIGNS
SHALL NCYI' C<XJ"!l'T AG.!U!;ST l·:A.XD·f\X-1 SI~ AAE.il., OR NAXDLM NUMBER OF
SIG:'~S.
3 . JOINI' IDE:1I'IFICATICN SIG:lS. JOTh'T IDE2-.'TIFICATIQ~ SIGNS ARE PERMIT-
TED \-:HEN '1''0 (2) OR ~ PEPJII'l'TED USES CXXlJPY THE SAME PARCEL CR
PA.qo::{.S, CR 9UILDING CR GROOP OF BUILDIN:;S. lF JOINl' IDml'IFICATICN
GROOND SI~ ARE USED, NO c:Ynim ~ SlG:~ ~A'f BE USED. JOINl'
IDE:n'IFICATICN SIGNS /·lUST <Xt.'TAIN THE NA!·:E A."JD /ail. AIX>RESS OF THE
USES TO WHJOI THE SIGN PI:RTA.D!S. THE FOI.J..am~ JOlllT IDENTIFICATICN
SIQ:S ARE ~ AOOITI TO ALL c:Ynim SIGNS n~ 'l'I»'S OF wmu1 SI~
AREA Mm ! :BER.
a. P~II'M'ED SIGN F;~CI: AAF.A. O<E (1) 9:7JAAE FWr OF SIGN AREA ~
£.tCH 'I' ( 2) LrnF.AA f::ET OF S'l'REET FRalrAGE, PRCMDm, ~,
THAT 0 SI!Y.iLE SIGN S'!W..L EICCEED CNE: HllGED (100) SQUAAE FEET
PER FN:!:., A:lD 11-I.A':' 'IHE 'l'C71'AL AREA OF JODlT IDmtlFICA.TI SIGN
S1W.!. E:XC£E:j) ':.'\ ( 200) 9:7JAAE FEET.
b. ~ 11) Sl
e. (15) .f"EE'1'.
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B. Permitted t-Wtimum Sign Area.
(1.) For All Permitted Uses.
1a·l For a Lot Having ()le Permitted use. For the Permitted Use, the
ami == sign area shall be eighty (80) square feet or as calcu-
lated fran the table herein:, I·IHIO!EVDt_IS GU:ATER:
Street Frontage IN Ln~ FEET
1 foot to 100 feet
101 feet to 250 feet
251 feet +
Sign Area/Foot of Street Frontage
1.5 sq. ft./1 foot
1.0 sq. ft./1 foot
0.4 sq. ft./1 foot
No single sign face shall exceed one hundred (100) square feet
in area, except as provided in Section E • (2J aid I! f'l
hereof, nor shall the total sign area cf any use exceed six
hundred ( 600) square feet..:..
!b.) For a Lot Having '1\olo or fotre Permitted Usn. For each Petmit-
-ted Use the III!IXl.I!UII sign area ShAll be e1ghty (80) square feet
or as calculated fran the table herein:
alilding ~ m:Nr1GE
1 foot to 100 f t
101 feet +
S1gn Area/Foot of ~ld.l.ng Front
1.5 sq. f ./1 foot
1.0 ~· ft./1 foot
No single sign face shall 4!'xceed aw ~ ( 100) ~~QUAre !eet
in area, except u prcvided in Sect oo 16-4-19-10 E • Cil _. •
~-4 nor ahall Ill Slgn ar a of arty UM six hun-
c::r.<! ( 600 ) SCf.lllre f
c. Permitted sian~·
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!'eet fran grade level to t.'l-te bottom of t.'l-te sign . Hax imum projection
shall be thirty ( 30) inches f r cr.t t.lle buil ding to which it is at-
tached. · · · ·
pJbl ic rigbt-" · ~. -~t-agrm1t: aJSt be obtained fraa
~-\lhere a projecting sign has two ( 2) or rocre display
faces, all faces shal l be included in determining the area o f the
sign.
(4.) Suspended signs . Shall not ex~d four ( 4) square feet per face in
area; shall be separated by a distance of fifteen (15) feet and
shall have a minimum cleara.'lee of seven ( 7) feet abcve grade level
to the bottcrn of the sign. Such signs shall be limited in content
to identification or address of the business .
(5.) Wall Sigl'l§. Wall signs shall be placed only in "signable areas" of
a building facade except as specified in Section 16-4-19-10 E e (7 ).
"Signable Area" of the building means any area of the faocaC'.e of the
building up to t.'"le rocf line which is free of windows and doors or
:najor architectural d?tail. ._ _... el title -..ll HIJit'__....,..__
!l U I tllll _. tlhe , ... '"' .. ••i9Yble ..,...._ \•:al l signs nay not
t:-roject rrore than eighteen (18) inches frcrn the SU!JPOrting wall.
\·:all si~ nay r. extend atxNe the roof line of parapet ~o-a.ll.
(6.) liir.c:!cro~ Sizs. :indc\~ !:igns shall not OCCI.If'Y re :han 25l. of the
(l.
tc<;al are of t.'le windc: in which they are displayed. 'nus 25l.
r.J\Xin cc-verage shall include all sic;ns except short tem ac!vHtis-
inc: signs rec:ardless of ~ther i is oou.,ted for sign area allowed
cr !lCt . ciqns di!mlayed twelve Cl2) !.ne.'les or less frao the interi-
o r cf ~ shall be deb1ted ac;unst t.'le llqU&1'e foct area and nl.ltl-
r ct si. allowed a pcm!litted use. Window ugns are r¥::t t-
ed 1n w1 . abcw the firs flocr.
and
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(150) feet in height, the factor shall be six (6) square feet ; (c)
For signs located one hundred-fifty-<>ne (151) feet to two hundred
(200) feet in height, the factor shall be seven (7) square feet .
MUlti-stcried buildings ~ be pe~itted identificaticn ~1 signs
for e&eh building f6Cade visible fran a ~lie right-<>f-way. Wall
sign areas permitted by this ~section for one facade rr.ay not be
used for any facade cr..her than the facade for which such allowance
is granted. _ _. .t~Ml-. 1 t hua Seet:ien 16.4 19-U a ()). SUch
signs shlil not count against max.ir.un sign area &"ld m.llltler .
(3.) Ident ificaticn Sigr:s. Signs lirlited to J'lalle of occupant, address of
prenli.ses, and no rrore tluln four (4 ) square feet per sign in area.
SUch signs are limited to nor-ore t."'an one (1) per street front, and
'Nrf be illlrlinated only fran a co."lCealed light source . Such signs
do not count against max.i.rnurn sign area cr mr.ber .
(4.) JOint Identificaticn~s. Joint Identification Signs are permit-
ted f« two cr a::ae i.ieiiift:ted-UIIes on-the-.-e-lot-..-the si~. U
.., er aaa:e baBiu r ; ooc.\4'Y tbe liB! bl1ildini;J;-or-a-~ of
_.1.._,. _. Juut.a•l ~ ........... , M ,._,. ....... _.. 1 ·"•cl
1 t oletM lda*'-ficetion-Siqrw ~-Bach individlal-idllnt.i.ficatian
uittd:n tJ1e Jo~IdentifieaUon Si9' .t\&11 be unifOEa in ai•, type
Mil M'yle Jpb-~f-the d!vel~. lliDI ~ (2) CR
!mE ?mTI"!'ED USES 'X:CUP'l T.-IE 5-'::E: P,:Ren.. CR PARCELS CR aun..om:; CR
GROOP CE 3Jn.DmGS 00 ~~ ~ S. m 3LOCX. IF JOINl' Imm'IFIC\-
TI SIGNS ll,P.!: U£ED, , Ol'HER GRaN> SI~ ~ BE USfD.
JOD::' :omrrn:CA7I • SIQ:S !"l:ST c:a.~~ 'l'!iE ~· :E HlO/CR AI:XIU:SS CE
'ntE USES 'ro WHIOf 'niE SIGN PfXriJNS. 'l1le following Jo:Lnt Iden-
ific•tion Sign are in addition to ill ot.')er SiCJU :~.n terms of
l'lalUJ'~ s1gn area and n\Ttler .
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squa=e feet in area and subj ect to the limitations of 9eetien 15.4-
H 1:8 c (5). SL'BSJX'TIOO C 5. All such signs shall :>e limited to a
b.u 12) week period after ;..nic.'l a permit will be required . Such
signs shall s.'"K:r.-J t..'le eate cf installation or display .
~S igns Set Back fran ?ublic Right-of-~·lay. Fer buildings with build-
ing frontage of fifty (50) feet or less: 'n1e permitted area of only
one sign face may be increased at the rate of one-third of one per-
cent ( .0033 ) for each a&!.itional foot of distance beyond the first
one hundred (100) feet of builCing setback and based on the greater
of eighty (80) squue feet cr as calculated in Set::t::iu1 16.~18 b
~) SUBSFX:TICN s 1, but in no case greater t.t-wl one hundred
(100) square feet . In no case r.111y t.'le increase be oore than one
hundred (100) percent cf !le rnaxinu:! per.nitted sign face area, and
the adc!.itional sign area calculated herein shAll not count against
the :-.aY..i.nun sign area nd r:-ay e~ forty ( 40) percent of the sig-
nable area. r.Je incre~.se in sisn face area will be granted for a
sign face which shall be ?laced at t.'le setback distance as used in
the calculation herein.
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a.+ "Signable Area". Signable ~o.·all area is a continuous portion of a
building hcaae urlbrcken by doors or windolo.'S or major architectural
features. It is calculated by selecting a cc.ntinuous surface, then
dra...'i.ng ~ im!lgirer-J rectangle 'Within specified height limitations
and ccr-puting the squ:u-e foot area cf this rectangle. Persons dis-
playing signs attached to 3 building pay detetmine the "signable
~a" to be used by chocsing any such area en the b'.Ulding facade
for the display of signs._si,... -.r ..-....--• t.hM ttllf. ef tN.s
.___ 1f, because cf t.')e design of the ~lding, a signable area
cannot-be identified, t."'le ~t and the applicant 'Will deter-
l'dne a suitable area for s i gnage.
-#w+ Irreoular OJtline. In t.')e case of an irregularly shaped sign or a
sign 'With letters and/or syntxlls directly affixed to or painted on
t.'le lolall c f a building, the area of the sign sr.all be the entire
~a 'Within a single continucus rectilinear ?erir.eter of net r:cre
than eight (8) straight lines enclosing the extn!l"e li:nits of writ-
ing, reFresentllticn, erblem o r ar.y figure c f similar c.'laracter.
c.
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(10) years fran the date a permit was issued. If seven (7) years or I!Cre
has passed fran the date a permit was issued to the effective date of the
Code, then the sign :rust be brought into oonfom.anc:e or terminate and
cease to exist within three (3) years frm t.'"le effective date of the
Code. Any nonccnforning sign ·.rithout a valid pennit :rust be !:lrought into
conforr..ance or ~erminat.e and cease t.o exist. within three (3) years fran
the effective date cf t.'le Code. In addition, a nonconfcrrning sign rrust.
be brought into conformance or ter.ninat.e and cease t.o exist if any one of
t.'le follc~od.ng cc:,Citicns occur:
~ \l"lenever the sign i -~ged :rore than 50'1. of its total replacenent
\"a lue, cr 5estrcyed fran any ca\!Se lotlatsoever, or becares obsolete
or su.."'standard under any applicable crCinanc:e cf the =icipality,
t.o the exte:Jt t.'lat tile sign s a hazard cr a danger.
~ ~r the owners.~p of ~ property changes oo ...tlich the noncon-
formi.-,g sign is loca ed.
~~r there is a change l.n -c..'le lessee, ownership cf the busi.ness
cr use to \olhlch the sign ~uns.
~ ~ there is a ~ fer a t to ~;e ~s to the
!ac:s: cf t.M ~lC!.l!')g an ch the ~Cil'\ing sign is located.
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A. Notification of Unlawful Signs. Notice shall be given by Certified !-ail
or personal service to the o.mer or lessee of such unlawful signs and to
:he owner of the property on \olhic.'l suc.'l unla-.. "ful signs are located.
8.
c.
Prohibited signs in existence before t.."le ef~ect i ve date of this Or-
dinance, as described il'l Section 16-4-19-8, shAll be declared a nuisance
by the Depart::ent:. ~ notice ~.all require that prolu..bited signs shall
be br=ught into ccnfe-"'1Mnee ".j_t.h t..'lis Ordinance cr be re:ICVed within one
hun~i¢lty (180) days after the notice has been received. Signs ex-
isting be~o:-e the effective date cf this Ordinance which are prohibited
in Section 16-4-19-8 D ~ J tt and L !J s."all be I'SID'Jed within three (3 )
years frcrn the eate t..~ netic~ is receiV'ed. Pror.il:>l ted signs erected
uter t..l'le effective !!Ate of t..l1is Ordinance s.'lall be rer.cved within flve
(5) calem2r c!ays c f recei?t cf cfficia.l not:ifica icn f the Depart-
l"'ent. 'lhls Sectic"'l sh~.ll not be a;;>li~ to require the rertCVa.l of any
sign fer which 1t i s unlawfully ~rec!, crt ~&1 or State Ccnst1t ·-
tion cr statute, ~"lat cc::;pensation be ?aid by t..'le D. ty fer sign I'l!lliCNal,
unl~s the Cl.t:y el~ to pay any c::o:!pe1lSatio la.~ly rl!qllired.
Hazarcious sig.s L""e these · c.\oj, by re.uon cf ir.adequate ma.intena..""IC'e,
~laplc!nl , o r c~lescence, c:rea'::e an 1:: ·:nent. hazard to publ:Lc
hi! l • ~, cr · lfare, as ~land ':rf the ; those s~gns
are !urther ~eland a =sance and :all net ~splayed or erected
·~"l.t..'lin the C1 • ':be ice s."'a.ll rec;-.ure '".aurdc;:s ngn ·al thln
fh (5) cal~ a:,-E.
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aduini~ative ccst c£ fifteen .,ercent (15'1.) of the direct ccsts shall be
charged agair:st the =eal ?roperty and its o.'!'lers .
D . Notice cf Ccsts . If t..'le City L-x:urs costs taking action required by t.his
Sectio.,, a stateneJt s.~l be ~ for t..'le entirl! cost plus fifteen
pl!rcent (15'1.) a&rinistrative ccst.s, and be tr.ailed by certified mail, re-
turn receipt resuested, to t..'le a.mer of tl'll! ~tty on 1ohid1 the sign is
loc5ted with instructions t.'ult said statenent "''ill be paid in full plus
ccsts "'>it.hin thirty (30) days of said r.W.ling e.atl!. 'lbl! notice sl1all
also infol:!ll the property owner that the failurl! to ?lfY the statement for
ccst.s for sign ~-al "'"it.hin sixty (60) days shall result in an assess-
Dent !:leing made against t..'le prcp!!rty 1ohid1 shall ocnstitutl! a lien pur-
suant to Section 16-4-19 cf the Cal;lrehensi\'e Zoning Ordinance of the
City of Engl~.
E. AuesSilll!!lt. lf the full IIPCUnt of the statenent: relating to sign ~al
for realty is not paid within sixty (60) days, the City ~ shall
direct the Direc:t.or of Finance to assess the entire t of the state-
llll!!rlt plus an addi ti.cnal twenty-fi v.! perce:1t ( 2 ) penalty agUnst. the
specified realty. A...~ il£!leSSI'aent by the Direc't.or cf F~, a c:cpy
shall be M!'nt. to ~ cf reccrd cf the ASRssed realty. ~ as-
R~IS!III!!!'It shall contain a legal de!!Crl.,uon cf t."lt! , t.'le a::.en:ses
~ ccst.s l..11CU..~, the atl! cf sign nncval, and a :'10tlce that the
City clai.-. a i fer this ~-'l'he o~ o! Finance sl'.al ceru-
fy s-..x:n asse ~ ~a.s\:rei' 1ltlo r.all collect suc::h assHS-
. in t."lt! :""a:r.er as ad •ale:: taxH are col t!!C't.l!d.
G.
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Published as a Bill for ~ oroinance en the 23rd dily of Nc:Mmber, 1989.
RNd by titl~ and paued at final reading at the 18th ~of Da:*Cet, 1989.
~lished by titl~ as Orc:ti.ncx:e No. _, Series of 1989, on the 21st c111y of Da ••er, 1989.
Attest:
htiicia B. c:raw, City cleat
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DATE
r 18, 1989
INITIATED BY
STAFF SOURCE
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COUNCIL COtiUCICATION
AGEJI)A ITEM
ll (a)
Li rar Oilrd
for
s i
aro i n le Oir ctor of li rar & cr a io S r 1c s
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...
T e Agree ent also addresses cont i ation of the Arapahoe Public Access to l i raries
(APAl) fund. This jointly-ad inistered fund is used to imple~nt cooperati e
projects designed to serve res i de ts of t e four APAl me~r libraries --Englewood
Public library, littleton Pu l 1c li rary, Aurora Public library, and Arapa oe
library District. For exa le, t e APAl fu d is used to produce the unio l i st of serials for APAL member li raries.
FIJWICJAL
T e Agree nt is transactio -based specifying a pa~nt to the net lender library of
SO.SS per ne loan. Effecti e wit t e 1986 Agree.ent, 9.5~ of the reciprocal
borrowing ser ice provided ia t e contract is non-chargeable. This percentage was
calculated to parallel the level of reciprocal borrowing service provided at no
charge a.ong the t ree nicipal pu lie libraries in Arapahoe County. Effective
wit t e 1987 Agree.ent, net loa s pro ided to students at the Alice B. Terry School i S erida are rei ursed at SO.Z75 per loan.
During the first t ree quarters of t e 1989 Agree.ent, District residents borrowed
17,988 it s f EP . Of t ese, 1,041 loa s occurred at the Alice B. Terry Sc ool
ia t e Roadru er o bile. £ gl od residents borrowed 1,331 it s f
District locations . Oft ese, 95 loans occurred at the Alice B. Terry Sc ool via
t e Distric 's sc ool /pu lie li rar facility .
I .
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SDtreS CF 1 89--
A BILL n:R
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AN am APPIU.rn«; ~ BE'Nf»~ niE f:G.DIOCD PUBLIC LIBRARY AND
AAAPAEa: I.IBR.AAY DTh--r!UCT TO P~ LI:BR.\RY SERVICES n:R RES1DENrS CF B:JIH JURISD:crr · .
~. the Englewood Pu!>lic Library and Arapa.'loe Library District
annually 1otlereby Englewood agrees to provide library
ts o uninccrporated areas of Arapahoe COUnty and those
wi said camty no cpera ing thr!ir own public libraries,
Litrary Di itt agrees to prcvide library services to residen
CI'IY CF
2.
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Published as a Bill f or an Ordinance on the 21st day of Deceri:Jer, 1989 .
Attest:
Mayor
Patricia H. Crow, City Clerk
I, Patricia H. Crow , City Clerk of the City of ~lewood, Colora&>,
hereby certify that the abolle and foregoing is a true oopy cf a Bill for an
Ordinance, introclJced, read in full, and passed an first nYding an the 18th
day of lleoenb!r, 1989.
Patrtaa H. Crow
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AGREEMENT FOR LIBRARY SERVICES
THIS AGREEMENT, made and entered into on this ____ day
of __________________ , 1989, by and between the ARAPAHOE LIBRARY
DISTRICT , hereinafter sometimes referred to as "District", and
the CITY OF ENGLEWOOD, a unicipal corporation of the State of
:olora~o , hereinafter sooet ·~es refe:re~ ~~ a~ "City•.
WIT ESSETH:
WHEREAS , the Arapahoe Library District , being a statutory
library district organized and existing pursuant to Title 24,
Ar icl 90, Colorado Revised Statutes, for th purpose of
pro iding library s rvic to the resid nts of he unincorporated
areas of Arapaho County and those aunicipaliti s ith1n 8 ld
coun y no op rat ng h ir n pu lie liburi s; and
R R AS, . e Ct y 0 ng 1 ood opera a a pu li e li rar y
tun • corpora e unc!lar anc!l d
D • ri c n p r OVldl g 11 r r y •
ceo d n 0 ~
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1 . The District shall circulate to library cardholders of
the City of Englewood any item available for circulation from the
District's library facilities, and the City shall circulate to
library cardholders of the District any item available for
circulation from the City's library facilities. Both the
District and the City shall maintain circulation records for said
~ransactions and snall submit such records to each other on a
quarterly basis. Within 30 days after receipt of said reports,
the nu•ber of transactions reported by each party shall be
co pared, and payment for the net difference between transactions
shall be 111ade at the rate of fifty-five c ents ($.5 5) per
trans a c i o n by the library wi th the lesser c i rcu lati o n figure to
t he library with th greater c i rcula ion figure, s u b j e c t to the
p r ov a ons o f paragraph 7.
2 . of is Age e e n shall b !r Janua r y 1 , 1990
t roug D c b r 31 , 1 9 0 . Du r n g sai d ' all quali ed
card 14 ra or bo Dis ric and Ct y 1 bra i • j' us
r c: roeal bo rr o tn g a 0 c l t y and h Dis rt c
and •• 4 card old r a all b •u ) c 0 all
n4 r ul w 0 sue
' • und ta oo 0 t •
D r
"'I 0
t 'I y 1a
CJ 'I n r
• D rt t. l r I)
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4. The District shall have access to City library records
during normal business hours for the purpose of verifying all
figures supplied to the District by the City and the City shall
have access to District library records for the sa~e purpose.
5. During the term of this Agreement, the City shall, at its
option, provide once-a-week Bookmobile service at the A ice B .
Terry School. Circulation service provided at this stop to
Arapahoe Library District students enrolled at the school will be
reported to the District for reimbursement to the City at the
rate of 27 .5 cents per loan . Circulation service provided at the
Sheridan Library to Englewood students enrolled at Sher dan High
School will be reported to the City for reimbursement o the
District at t e rate of 27 .5 cents per loan.
6. The four public libraries in Arapahoe County , Aurora
Library, Edwin A. Bemis Library (Li on) , Engl ood Library
and Arapah o Library Di tric ar par icipa ing in a proj c::
call PAL --Arapahoe Pu 1 c Ace sa o Libr r •• In ord 0
ad nia r coun y-wid projec sue • join progra in ,
coll c ion d v lo and ra ning , ac 1 !.bury will d ai
no 0 1 ,000 in • c
ld by Ar ry o •
ary con on uc
Are 0 • c c •• in
c A AL un .
7 •
0 1
• tl
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Aurora for the reciprocal use of each other's libraries . It is
reasonable to offer a certain amount of service without charge in
the name of library cooperation, and the APAL directors have
estimated this amount to be somewhere between 9 and 10\.
Therefore, in order to include the District in the benefits of
this base level of service being given without charge among the
other APAL libraries , the District shall receive a credit against
any payment due the City for the final quarter of this Agreement
in the a1a0unt of 9.5\ of the payment otherwise paid or owed to
the City during the entire tera hereof, including the fourth
quarter.
Notwi the tanding anything contained in this Agreement, th
other party hereto acknowledges and agrees that no covenant,
agreeaent or obligation of Arapahoe Library District ("ALD")
under his Agee ent shall b dee ed to b a covenant, agee en
or obl igat on of any present oc futur cuat , director,
off c r , ployee or agent of ALD in his or h r ind vidual
capacl y and nei er h •• ra of the governing body o ALO nor
any rua , direc or or of c r wh o h • 11 eu his Age
or nt or add ndu her o , • all lia 1 p rson lly
th c on or b o ny p r•on 1 1 11 y y r •~n
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IN WITNESS WHEREOr, the parties have set their hands and
seals below .
ATTEST:
By t-/Ji, •«. 2l.{e•-<i'/
Patricia M. Quick
Secretary, Board of Trustees
ATTEST:
Sy __ ~~--~~--
Patricia H. Crov
Cl y Cleek
ARAPAHOE LIBRARY DISTRICT
By~~~~~r-~~~~~+--
P3tricia s . Perry
President, Board of ees
CITY OP ENGLEWOOD
BY--------------------Susan van Dyke
Mayor •
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DATE
Decem er 18, 1989
INITIATED BY
STAFF SOURCE
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COUNCIL COMMUNICATION
AGENDA ITEM SUBJECT
11 (b)
1990 Community
Development Bl ock
Grant.
Department of Community Development -Housing Division
Richard S. Wa nush, Director of Community Development
--------------------------
ISSUE ACTION PROPOSED
To approve the resolution to apply for 1990 Community Oevelopmen Bloc Grant In the
amount of $454 ,500.
PREVIOUS COUNCI ~ION
Council has approved resolutions to file COBC applications annually since 1977 .
STAFF ANALYSIS
Funding will all th continua tion of th Housing R habilitation Progra•, plus
sp chi proj c s of R , Inc.
I .
•
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the community which pose a "serious" and immediate threat to the health or welfare
of the community if other financial resources are not available.
The choice of activities is a determination which has to be made by the local gov -
ernment as to which will best serve the objectives of the program .
Funds, which are appropriated annually by the Congress for this program, are allo -
cated by statutory formula to each State. The maximum grant amounts set by the State are :
I) Single -Purpose Project --$500,000;
2) Multi -Purpose Project --$1,000,000; and
3) Mult i -Jurisdictional Project --Sl ,OOO,OOO .
The actual grants awarded in fiscal year 1987 were , however, considerably sma ll er
than the maximums.
To compete in the Small Cities Program, the local government must submit an applica -
tion. Since the program is competitive and the demand for grants usually far ex -
ceeds the available funds, the State will evaluate the applications on three major
factors: project i pact, public and private co itments and manage ent capability.
Final funding decisions on all applicat ions will be ade by the Executive Director
of the State Department of local Affa i rs based on recommendations of the State CDBG Advi sory Co ittee.
For FY 90, a single -purpose COBG appl ca ion s being proposed. Funds are being
r qu st d to support the City 's con tinu in g Hous ing Rehabilitation Project with the oll 1ng mounts:
J) $290 ,000 to rehabilitat 24 housing un ts throughout the City;
2) $145 ,000 for WHERE, Inc. Phase IV to r pla ce 10 -ob le h units and r hab on
singl ·fa lly house In thr -oblle par s along South Santa Ft Drive ;
3) $19 ,500 for ad l nts ration .
s PI'09r nd ot r
ly S71 ,000 n lt
0
I .
•
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RECOMMENDATION
The Department of Community Development recommends that the Council authorize sub -
mission of a single -purpose CDBG application for $454,500 for the Housing Rehabili -
tation Project.
I . .
•
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Section 3. That the Mayor and City Clerk are authorized to
sign and attest all necessary forms, documents, assurances and
certifications for the Small Cities Community Development Block
Grant for and on behalf of the City Council and the City of
Englewood.
ADOPTED AND APPROVED this 18th day of December, 1989.
Attest: Susan Van Dyke, Mayor
Patric1a H. Crow, C1ty Clerk
I, P tricia H. Crow, City Clerk for the City of Englewood,
Colorado, hereby certify the foregoing is a true copy of
Resolution No. ____ , Series of 1989.
Patrici H. Crow
•
•
•
• •
CITIZEN PARTICIPATION PLAN
for the Community Development Block Grant (CDBG) Program
Pursuant to Section 104(a)(3) of the Housing and Com•unity
Development Act of 1974, as a•ended, this Citizen Participation Plan
is hereby adopted to ensure that the citizens of the City of
Englewood, particularly persons of low and •oderate income residing
in slu• and blight areas and in areas in wh ich CDBG funds are
proposed to be used, are provided the opportunity and encouraged to
participate in the planning and i•plementation of CDBG-funded activities.
Public Hearings
Public hearings will be the pri•ary •eans of obtaining citizen news
and responding to proposals and questions related to community
dev lop•ent and housing needs, proposed CDBG activiti s and past CDBG p rfor•ance.
Prior to sub•itting a CDBG application to the state, th City of
Englewood will conduct at least one public hearing to ld ntlfy
co .. unity d v lop•ent and housing needs, including th n ds of low
nd •oder t inco• p rsona, as w 11 as oth r ne ds in th comMunity
hat •ight b ddr ssed through th CDBG progra•, nd to r vi w
proposed CDBG activi ies nd th pas p rfor•anc of th City of
Engl wood in carry ng out its CDBG responsibiliti s. In th even
CDBG funds grant d by h Stat , h City of Bngl wood will
conduct at s on ddit onal public hearing o llow ci izena o
rev w nd nt on ts perfora nc in c rrying out its CDBG prograa.
i"\
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Written Comments and Responses
The City of Englewood will respond to written complaints and
grievances in writing in a timely manner . When practicable, such
written responses shall be made within fifteen (15) working days.
Susan Van Dyke, Mayor
Date
I • •
DATE
December 18, 1989
INITIATED BY
STAFF SOURCE
lSSU!JACTION PROPOSED
•
• •
COUNCIL COHHUNICATION
AGENDA ITEH
11 (c)
City Mana ger
SUBJECT
Roger Fraser, City Manag er
Rev iew of Sales Tax
Adopt and approve resolution of notice that sales tax has be n revi wed and that h sales tax rate will remain effective for 1990.
PREVIOU UOUNCIL ACTION
After r view of the sales tax rate and related data, City Council adopt d Resolution
37, S rles of 1989, on June 19, 1989, stating that the disposit ion of the sales ta x rate wa s still under consideration.
STAFF Aft!LYSIS
61, S rt s of 1987, that adopted the 3.5 ul h rite,
tax rate should occur every six MOnths. During Jun 19
12, cttons. During th 1990 bud t
updat d curr nt salt ta dat for
I
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FINANCIAL
By the inclusion of all sales tax revenue in the 1990 budget and adoption by City
Council of the 1990 budget, it is concluded that continuation of the 3.5% sales tax
rate is in the best financial interest of the City.
I .
RESOLUTION NO. ~
Series of 1989
•
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A RESOLUTION GIVING NOTICE OF REVIEW OF SALES TAX
1/~
WHEREAS, pursu1nt to Ordin1nce No. 61, Series of 1987, the City
Council is required to review the .51 increue in nles hx (one-half cent on a dolln); 1nd
WHEREAS, City Council h1s in f1ct reviewed the increase in sales tax by the incorpor1tion of the t1x revenue in the 1990 budget;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Englewood, Color1do, th1t:
Notice ts hereby given th1t the s1le tax increase has been reviewed and the t1x incre1se will re.ain effective for 1990.
ADOPTED AND APPROVED this 18th d1y of Deca.ber, 1989.
ATIEST :
I , Patricia H. Crow, Ctty Cl rk of the City of EngltwOOd, Colorado,
do h r by c rtl fy that the abo ~ fo~otng ts a true, accurate nd
c 011plete c opy of Resolution • -• Strt s of 1919 .
I .
Englewood City Council Minutes
December 18, 1989 -Page 8
•
• •
HATHAWAY: I'D JUST ALSO LIKE TO, PART OF THE STAFF ANALYSIS, READ THAT INTO
THE PUBLIC RECORD BECAUSE I THINK THAT UP UNTIL NOT TOO LONG AGO SOME PEOPLE
WERE NOT AWARE OF THE FACT THAT WE ARE INDEED BUDGETING THAT PORTION, THAT
HALF-CENT SALES TAX PORTION, IN THE 1990 BUDGET, ACCORDING TO THE STAFF ANALY-
SIS IT SAYS: DUE TO THE CITY'S STAGNET ECONOMIC CONDITIONS, THE 1990 BUDGET
ADOPTED BY CITY COUNCIL, REFLECTS THOSE CONDITIONS IN THAT All BUT A MINOR
PORTION OF 1990 REVENUES WERE APPROPRIATED AND THE REVENUE ASSOCIATED WITH THE
.5 SALES TAX RATE HAS BECOME AN INTEGRAL PART OF THE 1990 BUDGET . THE REASON
WHY I BRING THAT UP IS BECAUSE IT 'S BEEN A CONCERN OF THE BUSINESS PEOPLE IN
ENGLEWOOD WAS THAT ONCE YOU PUT A TAX ON YOU NEVER TAKE IT OFF. I JUST WANT
TO LET THEM KNOW THAT WE ARE INDEED CONTINUING TO REVIEW THIS, WE WILL INDEED
REVIEW IT AGAIN COME JUNE OF 1990, HOPEFULLY THE ECONOMIC PICTURE WIL L BE A
LITTLE BETTER AT THAT TIME AND liE CAN PR08A8LY LOOK AT IT AGAIN, AND MAYB
RECOMME ITS DELETION. AT THIS PARTICULAR POINT IN TIM£ THAT DOES T SEEM
TO BE AN ECONOMIC REALITY.
CLAYTON: I THJ THIS CONTI £S TO ILLUSTRAT THE PR08LEM THAT WE HAVE ITH
OU 800G T
TA 0
TJ l T
TH DIFFICULT CHOICES HAT
TO TO C T1
£0
0
n ·
HAY TO IN TH XT A If
TO TO JT t
DATE
December 18 , 1989
INITIATED BY
STAFF SOURCE
IS SUE/ACT ION PROPOSED
•
• •
COUNCIL COHHUNICATION
AGENDA ITEH
II (d)
City Manag er's Office
SUBJECT Pay Rates for 1990
for Managerial and
Confidential Employees.
Roger W. Fraser, City Manager
Appro al of resolution establishing p y ra s for Hanag ri 1 and Conflden ial r ploye s .
PREVIOUS COUNCIL ACTION
This lssu was di~cuss d during th City Council Study S ssion on 0 c mber II, 1989.
STAFF AHAL'YSIS
I,
I .
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2. A Resolution for a pay increase plan for Managerial and Supervisory employees of the Police Department.
3. A Resolution for a pay increase plan for Managerial and Supervisory employees of the Fire Department.
4. A Resolution for a pay increase plan for Confidential employees.
FINANCIAL
Summaries have been attached to show a comparison between 1989 and 1990 rates.
ccll29r
D
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M E M 0 R A N D U M
TO: Roger Friser, City Miniger
FROM:
DATE:
Randle l. Birthlome, Director of Administrative Service~
December 13, 1989
SUBJECT: Est1.ated Siliry lncreise Projections, 1990
Englewood Firefighters Assoclition
Pension Contributions Increase
Sub-Totil
Confidential EMployees
FICA
Pension
Sub -Total
5.01
3.01
Mid -Manag nt/Supervlsory EMPloyees 3.01 FICA
Pension
Sub -Total
Pollet Man19 nt
P nsfon
ub -Tohl
nt
·Total
TOTAl
r/ul roJ
3.01
3 .01
l
RESOLUTION NO. ~
SERIES OF 1989 --
•
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A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL AND SECRE -
TARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990.
WHEREAS, by Charter amendment effective April 13, 1981, City Council
provided for the establishment of confidential and secretarial employees for the City of Englewood; and
WHEREAS, by virtue of duties assigned to these positions by the City
Manager, it has been determined that they are confidential and are therefore
excluded from membership, participation, or representation in any collectively
bargained Employee system or Career Service system of the City of Englewood; and
WHEREAS, under the Compensation and Benefits Plan for confidential and
secre tarial employees of the City, City Council desires to establish the pay rate for the year 1990;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN -GLEWOOD, COLORADO, THAT:
S ction I. Th pay for confidential and secretarial employees of the
City of ng1 o for the calendar year 1990 shall increase by 3X, to b ef-fective January l, 1990;
ADOPTED AND APPROVED the 18th day of Dec r, 1989 .
A t st :
' I
•
RESOLUTION NO. ~
SERIES OF 1989
•
• •
1/cL z
A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL EMPLOYEES OF
THE CITY OF ENGLEWOOD POLICE DEPARTMENT FOR THE YEAR 199 0 .
WHEREAS, by Charter amendment effective April 13, 1981, City Council
provided for the establishment of managerial employees within the service of the City of Englewood; and
WHEREAS, by virtue of managerial duties assigned to these positions by
the City Manager, it has been determined that they are managerial and are
therefore excluded from membership, participation, or representation in any
collectively bargained Employee system or Career Service system of the City of Eng lewood; and
WHEREAS, under the Compensation and Benefits Plan for managerial and
supervisory employees of the Englewood Pollee Department, City Council desires
to establish the pay rate for the year 1990;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN-GLEWOOD, COLORADO, THAT:
Section_ 1. The pay for anagerial and supervisory e ployees of the
City of ngle ood Pollee Oepart.ent for the calendar year 1990 shall incre ase
by 3~, to b effective Januny I, 1990 .
ADOPTED AND APPROV 0 the 18th day of Oece~r. 1989 .
A st:
I
RESOLUTION NO. ~
SERIES OF 1989
•
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l id 3
A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR GENERAL SERVICES MAN-
AGERIAL AND SUPERVISORY EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990 .
WHEREAS, by Charter amendment effective April 13, 1981, City Council
provided for the establishment of managerial employees within the service of the City of Englewood; and
WHEREAS, by virtue of managerial duties assigned to these positions by
the City Manager, it has been determined that they are managerial and are
therefore excluded from membership, participation, or representation in any
collectively bargained Employee system or Career Service system of the City of Englewood; and
WHEREAS, under the Compensation and Benefits Plan for General Service
managerial and supervisory employees, City Council desires to establish the pay rate for the year 1990;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN-GLEWOOD, COLORADO, THAT:
The pay for manage ria 1 and supervisory employees of the
Ci ty of ng ewo for th e calendar year 1990 shall increase by ~. to be ef-fective January 1, 1990.
ADOPTED AND APPROVED the 18th day of Oece.ber, 1989 .
Attest:
• Color do, ,.,
•
-
RESOLUTION NO. ~
SERIES OF 1989
•
• •
;!d 1-
A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUPER -
VISORY EMPLOYEES OF THE CITY OF ENGLEWOOD FIRE DEPARTMENT FOR THE YEAR 1990.
WHEREAS, by Charter amendment effective April 13, 1981, City Council
provided for the establishment of managerial employees within the service of the City of Englewood; and
WHEREAS, by virtue of managerial duties assigned to these positions by
the City Manager, it has been determined that they are managerial and are
therefore excluded from membership, participation, or representation in any
collectively bargained Employee system or Career Service system of the City of Englewood; and
WHEREAS, under the Compensation and Benefits Plan for Englewood Fire
Department managerial and supervisory employees of the City, City Council de -
s ires to establish the pay rate for the year 1990 ;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EN -GLEWOOD, COLORADO , THAT :
Sect i on 1. The pay for anagerhl ~nd s up rv ls ory employee s of th e
Ci t y of Eng ewood Fire Dep~rtment for the c~lend~r y e ~r 1990 s h~ll 1 ncre~s e by 3,, to b effective J~nu~ry 1, 1990 .
Att s t :
ADOPTED AND APPROVED th 18th day of De c
J, Pi riC
c r I 1
r , 1989 .
•
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Englewood City Council Minutes
Dece.ber 18, 1989 -Page 8
•
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"Due to the City 's stagnant economic conditions, the 1990
budget adopted by City Council reflects those conditions in
that all but a •inor portion of 1990 revenues were appropriated
and the revenue associated with the .5 sales tax rate has become
an integral part of the 1990 budget ."
Ms . Hathaway wanted the business ca..unity to know that Council is, and will
continue to review this tax .
The resolution was assigned a nu.ber and read by title:
RESOLUTION NO . 77, SERIES OF 1919
A RESOlUTION GlVI NOTIC Of VI OF SALES TAX
y IT SUI-ED. TO AIPIOVE l£50lUTIC* ••
77,
0 ••
ld
It
,
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Englewood City Council Minutes o.c .. ber 18, 1989 -Page Sa
Nays: None
Abstain : None
Absent : None
Motion carried.
•
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(d) City Manager Fraser presented a reca..endation to adopt four sepa -
rate resolutions establishing pay rates for 1990 for the various managerial
and confidential -.ployees . He reca..ended for 1990 a 3S wage increase, com -
.. nting that current salaries for these groups of e.ployees are generally be -
low the lledhn .
•
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Englewood City Council Minutes
Oec .. ber 18, 1989 -Page 9
FRASER: MAYOR AND COUNCIL, AS WE DISCUSSED LAST WEEK, WE'VE DONE FAIRLY
EXTENSIVE REVIEW OF THE PAY RATES OF OUR SUPERVISORY AND CONFIDEN -
TIAL EMPLOYEES OF THE VARIOUS CITY DEPARTMENTS . AND WHAT WE DIS -
COVERED IS THAT WHILE THERE IS NOT THE CONSISTENCY THAT WE WOULD
LIKE IN THE PAY RATE PRACTICES AMONGST THESE EMPLOYEES AS COMPARED
TO THE MARKET PLACE, THE GENERAL OBSERVATION CAN BE MADE THAT THESE
EMPLOYEES ARE SOMEWHAT BELOW THE MEDIAM CURRENTLY AND ARE INDEED OF
SOME FAIRLY COMPREHENSIVE REVIEW AS TO HOW WE BRING THEIR PAY RATES
BACK IN KEEPING WITH THE MARKET PLACE . WHAT I 'M RECOMMENDING FOR
1990 IS A RELATIVELY MODEST 31 RAISE INCREASE THAT WI LL NOT QUITE
KEEP THEM IN PACE WITH THE CHANGES THAT WE 'VE ALREADY BEEN ABLE TO
DEFINE IN THE MARKET PLACE FOR 1990 IT APPEARS THAT THOSE WHICH
WHOM WE NORMALLY COMPARE, 1Z TO 14 OTHER CITIES AND JURISDICTIONS
IN THE METROPOLITAN AREA ARE CHANGING THEIR SALARY RATES BY AP -
PROXIMATELY 3 .5 TO 4,. WE'R RECOMMEIIHNG THAT TH WAGE S FOR THE
SUPERVISORY, MANAGERIAL AND CONFIDENTIAL EMPLOYEES BE I REASED BY
31 WITH A CONCOMITANT Celltl NT THAT WE trW£ INTO 1990 INTENT ON
R VI l TH S SALARIES SUR THA T WE HAY A PAY PLAN
JNTAI 0 I A UTU .
IS liCU AC s
r ou
OORS£tt£N l or
UTI
I . •
•
• •
Englewood City Council Minutes
Deca.ber 18, 1989 -Page 9a
KOZACEK: JUST ONE THING, YOUR HONOR, I'LL BE ABSTAINING ON THESE BECAUSE I
WASN'T PRIVY TO A LOT OF THE CONVERSATIONS, AND I DON 'T FEEL I CAN
MAKE A FIRM DECISION BECAUSE OF THAT .
VAN DYKE: THANK YOU, GARY.
BYRNE :
FRASER :
I HAVE ONE QUESTION. IS THE ~ OR 5' ACROSS THE BOARD, OR ARE YOU
GOING TO LOOK AT SOME SORT OF PAY FOR PERFORMANCE PLAN IN THE NEXT
YEAR?
THESE PARTICULAR REC<IIU:NOATIONS ARE FOR ~ ONLY. WHAT WE 'RE SUG ·
GESTING IS THAT, AND THE PAY PLANS TH ELVES NEED TO B REVISITED .
I DID NOT NTION TH NOTION Of PERf E BASED COMPENSATION, BUT
THAT 'S CLEARLY ON Of THE THINGS WE 'R GOI TO EVALUATE IS TO VE
INTO, TRY TO C UP WITH A PAY PLAN THAT WOULD MAKE limE SENSE.
AS IT IS HOW WE HAY LOVEES COMI INTO A J08, TH PAY PLAN HAS
8 EN ..WI TO TH TOP Of THE PAY Pl WITHIN 18 BYOHO
THAT TH R IS
T I TO
T
I .
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 10
•
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VAN DYKE : ANY OTHER QUESTIONS? MAY I HAVE A SPONSOR FOR THE FIRST
RESOLUTION?
CLAYTON: YOUR HONOR, WOULD YOU ASK THE CLERK TO ASSIGN THE RESOLUTION A NUM -
BER AND READ IT PLEASE.
RESO . NO. 78 -CONFIDENTIAL AND SECRETARIAL EMPLOYEES
HATHAWA Y: SECOND.
HABENICHT: YOUR HONOR, I JUST WANT TO MAKE A C(MtENT . WE SEE OUR REVENUES
DECREASING, WE SEE A REAL PUSH FROM THE COMMUNITY TO GET OUR TAXES
DOWN, WE, AH , IT SEEMS TO ME TO RAISE OUR SALARIES BECAUSE OF IN -
FLATION AND AT THE SAME TIM£ WE SEE A DEMNO TO KEEP OUR SERVICE
LEVEL THE SAME AND TO RAIS E THEM. THIS IS A VERY OIFFICU T 0 U·
TION, DIFFICULT PROBLEM . I 'll BE VOTING FOR THESE RAISES. YET AT
THE SAME Tl WE REAL LY ARE ON TH -·-Of A OllEMA HER ANO E NEED
0 CONTINUE AOOAESSI
0 l AY: , 1 HAV IT . I HA RA J
Jl I DO T A ""_,>L~n
IW!Mil. ~ t L or
l T l
-
Englewood C1ty Counc11 Minutes
Dec .. ber 18, 1989 -Pate lOa
•
• •
PERCEPTION OF WHY IS CITY COUNCIL SUDDENLY OFFERING A SETTLEMENT
WITH OTHER PEOPLE. WHILE I REALIZE THAT THESE PARTICULAR INDI-
VIDUALS ARE NOT COVERED UNDER THE SAME WAGE SCENERIO, I WOULD OFFER
THE FOLLOWING AMENDMENT THAT ALL OF THESE BE CHANGED INTO THE 2.7%
RANGE. I BELIEVE THAT IS ONE OF THE CHOICES THAT OUR ELECTORATE IS
EXPECTING TO LOOK AT AND I WOULD OFFER THAT THE AMENDMENT BE MADE
AT THIS TIME THAT THE 3' LEVEL BE CHANGED TO 2.7, LEVEL.
VANDYKE: IS THERE A SECOND FOR ROGER'S AMENDMENT .
HATHAWAY: 1' LL SECOND THE AMENDMENT .
VANOYKE : SECONDED BY RITA HATHAWAY. AMY DISCUSSION?
HA8 ICHl : YOUR HOHOR, IT'S MY UNOERSTNIH THAT IN YEARS PREVIOUS, PARTJCU ·
LARLY TH YEAR PREVIOUS THAT TH Y PAY RAISES THAT WER REALIZED 8
THIS GAOUP S C IOERA8 Y l R FOR OTH R EMP OYE tROOPS .
JS THAT T TH CAS 7 COU 0 OU &IV US THAT
pt 7
10 T TIC
DATE
December 18, 1989
INITIATED BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
•
• •
COUNCIL COMMUNICATION
AGENDA ITEM
11~
SUBJECT
Bi-City Supervisory Committee
Stewart Fonda
Digester Cleaning
The action proposed is to approve by .otion the cleaning of one digester at the
Bi-C i ty Wastewater Treat .. nt Pl ant by liquid Waste Manag..ent, Inc . for the su. of
573,500 .
PREVIOUS COUNCIL ACTION
None .
STAFF MAL YSIS
One of the results of d gest1ng s age sludge is an ace
aaterial i n the tan s 1ch reduc s the effective vol
perfonunce .
Cleaning d gesttrs 11, th rt ore, prov d
rs
s ab 1 y requtr n s of &tntf cial Us
•
-
•
•
•
• •
BACKGROUND
Sludges generated in the wastewater treatment process are anaerobically digested to
biologically convert volatile organic matter into methane and to stabilize the
sludge for use agriculturally as a soil conditioner-fertilizer. A portion of the
sludge, however, does not digest and collects in the digester tanks. This material,
primarily rags, grit and scum, must be removed periodically to maintain digester perfon~ance.
Digester cleaning is typically performed every four to eight years for removal of
this .aterial. Digesters at the Bi-City facility were last cleaned the winter of 1982-83.
In 1989, SSO,OOO was budgeted for digester cleaning and specifications were written.
Bids were solicited in October, 1989, and 1 bid opening was held on November 8,
1989. The results of the bidding are attached. liquid Waste Manag ... nt, Inc . was the low bidder, with a base bid of S73,500.
One digester can be cleaned for the budgeted a.ount. During cleaning, plant staff
will observe the procedures used and fro. that develop a plan for in-house cleaning
of the other digesters . A co.parison of contract versus in-house costs will
detenaine the reco..endation for cleaning the re.aining di gesters .
FIIWICJAL
The cost of clean i ng one digester t s S73,500 and t s i ncluded t n the 1989 81-Ct ty WT' budget .
I .
I . l : 31e ; ~ '-'• s t, n,.,_'l_••· .... .j t ....
.1.. e,,. . ·'""d I: .. c.
3.'f.E)l, I•H·
'I. -
s.
-'·----·
'7.
8. .
1 • ---
•
• •
.
BID PROPOSALS. TABULATI Oi<
BAS!
BID
"'11, Soo. o o
1 l'l, -, ~(). :>:)
\!.t,~~'5.011
.
I
Date Opened __ November a. 1.9..B.9.
Jtem (s) ,!)heater qun.l.o.L.
SECOND Tlll'RD
BID BID
1~0 1 ODII• 0~ I'""· !i•U·U iJ
.:t/}, </()0.11~ )lt./, '21111 ·011
~ 1.1., o lt. .oP '~I ~«C.OI)
.
.
DATE
December 18, 1989
INITIATED BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
•
• .. •
COUNCIL COHHUNICATION
AGENDA ITEM
u (I >
SUBJECT Bi-Cfty WWTP
Improvements
Equipment Prepurch1se Bid 1nd Aw1rd
81-City Superv iso ry Committee
Stew ut Fond 1
The 1ction proposed is to 1pprove by -ation the 1w1rd for equipment prepurch1se for process equip .. nt needed for the 81 -Ci ty WWTP Improve .. nts .
PREVI OU S CCUIC IL AC TION
None .
STAF F ANAL YSI S
The 81 -Cfty P will undergo extensive 1 rov ... nts u part of • $22 .6 •111fon
package approved by the ci ties of littleton 1nd Englewood . It Is ldvantageous for
the cfties to prepurch1se certa t n cr t ical process tquipeent i n adv1nce of the
9 neral contract. T e It s to bt pure astd Include thr e chanfcal barscreens,
raw ut attr p , cen r f1191l bl rs nd ctrufc diffusers, u sh In the
attached lt ltr. T tot 1 cos t of S157.000 for the four bid f t s SJJZ,OOO
btl the engine rs est t on and rep s ts 1 good valu for t e c t t s.
t t
I .
•
• •
FINANCIAL
The cost of equipment included under the prepurchase agreement is $757,000. These funds are budgeted for 1990.
I
•
. BROWN AND CALDWELL ~-----
CONSULTING ENGINEERS
December 8, 1989
Mr. Stewart Fonda, Director
Mr . Dennis Stowe, Manager
Di-City Wastewater Treatment Plant
2900 South Platte River Drive
Englewood, Colorado 80110
•
• •
Subject: Di-city Wastewater Treatment Plant Improvements
Task 3.02 Equipment Prepurchase Did and Award
Did Evaluation and Recommendations
Dear Me rs. Fonda and Stowe:
21-4120/302
OCN.l46
alcd bid for the prepurchase of proc equipment were received on November
I , 1989 t the Di ity plant. The Engle"ood pur hasing agent, Mr. David Martinez.
witne. d the bid opening and public announ emcnt of the re ult . Tabulation forms
howing the re ult for all of the bid arc cncloM!d for your inform lion. A umJnary of the
low bids and recommended action follows :
("91-r'a c.....-• d etl .. ,. c:ott "Ufoctvrtr (SI ,OOO) (11 ,000) I t 110ft 111 .0001
A. tll s ,.,t lll
•• , .. Pot ttriOft lOS 10~ lOS
c. Potter-til I I ••J I
•• arr ••u •• I
f _
' 4 , ..
I l l r• ,.
I • •
Messrs. Fonda and Stowe
December 8, 1989
Page 2
•
• •
Competitive bidding for the mechanical bar scree ns, raw wa stewa ter pump, centrifugal
blowers, and ceramic diffu se rs yielded costs favorable to the Di-City plant relative to the
Engineer's estimate. The recommended bar scree ns and diffu se rs were both bid at a cost
below our estimate. The raw wa stewater pump price is equal to the estimated cost, while
the blowers, which cost 5 percent more than anticipated, are within the range of accuracy
of the cost estimate. The total cost of $757,000 for these 4 bid items i $112,000 below the
Engineer's estimate and represents a good value for Di -City.
Dids for the 2 types of vertical column pumps included in the prepurchase documents did
not yield similar re su lts. At least 2 pump manufacturers known to have an interest in the
project declined to bid; Uyron-Jack on due to lack of time, and J ohn ton Pumps due to
concern over payment terms and delivery chedule. The tot.~l bid price for all vertical
column pumps was ignificantly higher than the e timated co t. We believe these results
renect lack of competition. Since delivery of the pump is not critical to the project
construction chedule, we recommend that bid for the e item be rejected. l11e pump
pecifications can be incorporated into the general construction contra 1 to be i ued ne t
year.
Although 2 manufacturers of high volta e equipment contacted u about the transform r
prior to the hid, we received no proposals for thi item. We can only peculate as to the
reason for the apparent Ia k of interc t in thi unit.
BID EVALUATION
d equipment either do not mply with
nuner inllern nd nditio r lhe
U ct the prepur h
•
-
Messrs. Fomla anti Stowe
December 8, 1989
Page 3
•
• •
The two lowest bids were submillctl by Fairficltl Service Company and Vulcan Industries
for prices of $146,900 ;111d $212,600 respectively . We consider both of the se bids to be
nonresponsive. The Fairfield bid did not provide specified catalog information sufficient
to evaluate the protluct. The Vulcan product differs from the specified screen in that the
rake mechanism rides on a svrockct supportctl by stationary chains. Designs of this type
are prone to mechanical wear and for this reason are specifically excluded by the technical
specifications.
The lowest responsive bid of $277,904 was submitted by lnfilco-Dcgrcmont . For many
year , the specified bar screen w:ts a proprietary product available only from lnfilco . In the
pas t, we have specified the lnfil co ~crec n a a so le-·ourcc equipment item with no known
c4ual. There arc over 600 in tallations of thi s recn worldwide. Ua scll on product crvice
hi s tory, we believe this screen will provillc reliable long-term performance. We recommenll
that Ui-City accept Jnfilco' bid for three automatic bars rccn .
Raw Wastewater Pump
•
• •
Messrs. Fonda and Stowe
December 8, 1989
Page 4
Ceramic Diffusers
Oids for the ceramic diffusers were received from Sanitaire and Parkson. Both bids appear
to be highly cost competitive and both conform to all of the technical requirements anu
commercial terms of the contract. We recommend that the low bid of S 128,000 from
Sanitaire be accepted.
High Voltage Transformer
The transformer is a relatively minor piece of equipment with an estimated value of
$25,000. h was incluued in the Prepurchase Contract because it is a long delivery item
required to supply power to the centrifugal blower . Since we received no bid for thi s
item, we will need to purchase a Iran former by late 1990. Three purchase alternative arc
available as follows :
Direct pur hase of the transformer through the Englewood purchasing
department.
Did the Lramformcr l'repur hase ontract again in the priog of 1990.
Include the transformer in the general con: truction contract with an a el rated
d li cry requirement.
CONTRACT T MS AND CONOITlONS
•
-
•
Messrs. Fonda and Stowe
December 8, 1989
Page 5
•
• •
CONTRACT AWARD
In accordance with Section 00100, Instructions to Bidders, the City is obligated to accept
or reject all bids by December 27, 1989. Following your review of the bid evaluation. and
if you approve of the recommendations, we will draft a Notice of Award for your signature
for each bid accepted and return the bid bonds for all other bidders.
If you have any questions or comments regarding the Prepurchase Contract or this bid
evaluation. please call us.
Very truly yours,
~N AND CAIDWEU..
~;;ljjt }~, '~{
Vice Pfesi'tt I }
!~~Ldj
Project ~r
MP ·jib
Endosures
I . •
• -
• •
0
TABULATION Of BIDS
P OJECT : CITY OF ENGLEWOOD -81-CITY WWTP BIDDERS
PHASE 1A I.,.PROVEMENTS, EQUIP.,.ENT PREPURCHASE F"AJR<;£_:> w CAN I ,..,F ~co
SE~ CE I ; •• PvS""R:t:S.I :>:::; e:: c•. -. coup;.;,y 1 ,,...c .~.c I 310 DATE : _1_1_-_1_3_-_8_9 ______________ _
0
•
•
• -
TABU LA TlON OF BIDS
PROJ CT CITY OF EN GLE WOOD -81-CITY WWTP BIDDERS
PHASE 1 A 1..-PROVE..-ENTS, EQUIPMENT PREPURCHASE
81!) OA TE _1c..:1 _-c..:1 ~3_-..::8~9--------------
y
0
•
• •
TABULAllON Of BIOS
PROJEC"'. CITY OF ENGLEWOOD -8 1-CITY WWTP BIDDERS
PHASE 1A I~PROIJE~ENTS, EOU I P~EN PREP URCHASE
& OArr __ 1~1 _-~1 ~3_-~8~9----------------------------
.,
0
•
• -
TABU LA TION OF BIDS
p:;c,..;::c·. OTY OF ENGLEWOOD -8 1-aTY WWTP BIDDERS
PHA.SE 1 A IUPROVEUE TS, EQU IPMENT PREP URCHASE
5;) :J t. _,_,_-_,_3_-_8_9 _____________ _
DATE
DeceMber 18, 1989
IIITIATED IY
•
-
COUNt I L COIIIIII CATI Cll
MiEJI)A IT~
11~
SUIJECT
Un i f OI"'IS
Non-E•rgency,
Police, and Fire
Procure.nt Di ision: ~inistrat i ve Services Departlent
STAff SOUICE David Martinez and Betty Goos .. n: Randie l. Sarthlo.e, Director
ISSUE/ACTIOII PIOPOSED
The Action proposed is to approve n-e.trgency. Police, and Fire Unifonas for
1990/1991 for n-t.ergency, Police, and Fire Personnel by ve's Unifonas, Inc .
PI£Y I GUS to&IIC I L ACT I Cll
ne.
YSJS
pro de t t ty depend le and
•
•
• •
-.
After evaluating Neve's proposal against the prices we are currently pay i ng i n 1989,
we find the prices have increased for 1990 by approxi .. tely 6 percent. Therefore,
the esti .. ted cost for unifor'IIS for 1990 should be approxi .. tely S33,920.00 . The
purchases of unifonas in 1990 will be paid for fro. budgeted funds in each Depart.ent that uses unifor.s.
IEtWIIEIIIln•:
Based 011 evaluati011 of bid proposals and previous experience, it is the rec~ati011 of the Proc""-'-t DivisiDII that the Non-£.rgency, Po li ce , and Fi re
Uniforw COIItract for 1990/1991 be awaf'ded to ve 's Un i for.s, Inc . for the fo ll owi ng reas011s:
1. The 1 owest acceptable CCII!Ipet i t h e pri ce .
Z. Prev i ous exper i e~Ke of the Ci ty wi ttl this vendor .
•
• •
smttAU OF liD QUOns
Jt011-EMDCDct, POLICE, AJID FlU Olrl.FOIKS
sncinCAnmts .. ,.. • --D&:ac:EIIC!
SPECinCAna.s •1• • POLICE
sncrnCAna.s "C" • FI.U
JIEVI' S OII'IPOIIKS , IIIC.
sncrne&na.s .,..
SPECinCAna.s "I"
sncrnuna.s •c•
sncrnuna.s .,..
sncrnCAn ....
sncrnun "C"
• COST'S
,,3,237. 0
16,09t.60
14,632.00
,73,t6t.l0
,S4,ltl. 75
16,642.40
U.ttO. 7S
nf.ll4.to
19C11t1Di co .
•
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A G R E E " E N T
THIS AGREEKE T e tered into t e day of
1Q8Q by and between t e City of En1 l ewood, Co l orado c
referred to as "t e City", ose address is 3400 Sout
Street; En1 1ewood, Colorado and
< ere i after referred to as " endor">, w ose address is
£REAS, e City i s des reus o f obta i i 1 ar iou s ifor s for
o -e e r 1• e • o l c e, a d f ir e perso e l as per t • attac ed spee f ieat o s.
'T e
e
TOftS OF AGilEDiEWT
a • unlfor s a a l l a I • for
a f •r t • for a l a ard a d a
riee s for a period
a d • d! 1 on I
1 to • a ctua l ee ds of
-•
• -
7. As various caraents naaed in the specifications are required
by various departaents of the City, a Unifora Requisition
shall be issued which has been authorized by the user's
supervisor and departaent head.
e. The Vendor a&rees upon receipt of the Unifora Requisition to
issue the unifora &araentCs> to the City eaployee. Vendor
shall supply eaployee with a packin& slip showin& eap l oyee•s
departaent, naae and listin& caraentCs> received.
9. The Vendor shall provide the City's Accountin& Division vith
detailed invoice aecoapanied by receipts relative to that
invoice. The invoice char&•• s a ll be eate&orized by
departaents. All receipts sha ll ref l ect the eharaeab l e
departaent, quantity, services, and costs of eac itea. T •
Ctty shall pay for said services by t • t lrttet It irty-
first verkin& day of each aont for t • prior aont 's
undi spu ted invoice.
10. THIS AG~ENT for provSdin& unlforas shal l be for a parlod
of one <1> year coaaenctn1 January 1, 11U~O and endln&
D.eeaber 31, taao with a Cautua lly •&reed > one (1) year
renewal option. S ould both parties a1r•• to eatend t Is
contract for an additiona l year, Vendor aust s ub•it a written
proposal to t • Pure asln& A&ent no l ater t a n October 1,
1e90. T • City reserves t e rl& t to accept, aodtfy, or
reject said wr itt en proposal. T • City s a ll 1n fora endor
of ita decision throu1 t • office ot t • Pure s in & A&ent.
11. ~l.aTIOM : Ett er party aay tara te t s A&r••••nt by
&lv in& notice in vrlt ln & by re&tatered it, return receipt
requested, to t • ot er party t lrty <30> days prior to any
auc lnte t to cancel t l a A&reeae t.
12.
•• t•• .,
•
• •
ATTEST:
CITY OF ENGLEWOOD
City Clerlc
Patricia H. Crow By: City "anacer
Rocer Fraser
APPROVED AS TO FO~:
City Attorney
Rick DeWitt
ATTEST:
VEMOOR
Secretary
Title:
DATE
Dec~r 18, 1989
IIITlATED IT
STAEfSOUit£
ISSUE/ACTICII PIOPOSED
•
• -
COllie I L COIIUIICATI ON
A&EJGA I TEll SUBJECT llundry lnd Dry
Cleaning Service
Procur..ent Division: Adainistrltive Services Deplrt.ent
Dave ,._rtinez and RAy Dow: Rlndie l. Buthlc.e, Director
The Act ion Proposed is to lpprove llundry lnd dry cleaning services for 1990/1991
for o -Eief'9tncy, Police, and Fi re Personnel Unifonas by Payless Cleaners.
PI£Y I GUS COUIIC I L ACT I ell
" will pro ide for y d4tpendlble , qual ty
ayl.ss Cle rs ill pro de t s evel of
r curre tly used b t c;ty.
•
•
•
.. •
FIIWICIAL
The average yearly expected costs for laundry and dry cleaning service fro. the
City's current vendor are $38,986.40. By accepting the bid fro. Payless Cleaners,
the City would realize an annual savings of apprcxi .. tely $7,170.40.
lt£CCMiEMIATI•:
Based on evaluation of bid proposals received and factltty inspections, it fs the
reca.enctation of the Proc""-"t Dtvfston l"-t the laundry and dry cleaning
contr.ct for 1190 be .,.rded to Payless Cleaners for the following reasons:
The lowest acceptable COIIpetitfve price .
£qut.-.t fs techntcally acceptable, new, and i n very good Condition.
Turnaround ti .. for cleanint serv i ce wtll be three (l) days or less .
Vendor has been in business i• Ent l -.ooct for over ta.o (Z) years .
srjlaundryZ
•
• •
Slft~An OP liD QUOns
1..\UNDIT A11D DIT Cl.UJIIJIC SERVICES
C.OUP A-POLICE DEPAn'KEJrt
PATLESS g.uQu
C10UP A
CIOUP I
c:aour c
CIOUP A
C10UP I
C10UP c
CIOUP A
CIOUP I c::aour c
U2.610.44
'· 706.12 14.499.14
$31.116.40
$1S. 7S2.40
6.61S.20
lt.t77.60
J42.41S.20
U6.473.00
6.tt6.60
n.s11.2o
hi.tl6.10
CIOUP A
COIIOUP I
C10UP c
C10UP A
C10UP I
C10UP c
fl3.967.76
s.t24.16
17.633.64
U7.S2S.S6
$19.600.20
7.30S.60
21.326.40
$41.232.20
•
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AGREEI'IEHT
THIS AGREEnENT, entered into this day of
1989 by and between the City of Enclewood <hereinafter referred
to as "the City", whose address is 3400 South Elati Street,
Enclewood, Colorado 80110 and
<hereinaft•r referred to as "Vendor", who address is
WHEREAS, the City is desirous of obtaininc dry cleaninc, laundry,
and ainor repair services for non-eaercency, police, and fire
personnel as per the Dry Cleaninc and Laundry Bid Specifications.
TERftS OF AGREEM:NT
1. Vendor acrees to have dry cleaninc and l aundry services
avai l ab l e for use within thirty <30> days after t e foraal
award and aaintain said services a nd prices for a period of
one <1) year coa•encinc on January 1, 1990 and endlnc on
Oece•ber 31, ta90. Should both part es acree to extend this
contract for a n add t ona l year, Vendor aust sub lt a
rltten proposal to t e Purchasinc Ac ent no l ater t an
October 1, 1990. T e City reserves the richt to accept,
aodlfy or reject said written proposal, and s a ll nfor•
Ve ndor of Its decls on t rouch the office of the P rchaslnc Acent.
2. T e C ty s a ll e 1 ppll ed accord in c to t e a ct a needs of
t e r OUI C ty uepartaents,
3.
••
••
Ide al l bid
as fo nd on e
n accord nee t e
•A•, eq est for I d.
r t 1 uc as
caraent
e "net t
01 I for~t •
•
•
• •
7. Various carment cleaninc services named in the specifica-
tions are required by various departments of the City. Upon
subaittin& caraent(sl for cleanin& services the Vendor shall
supply the City eaployee with a claia ticket. Upon presen-
tation of said claia ticket the cleaned caraent<sl will be
returned to the City eaployee.
8. Vendor shall provide the City's Accountin& Division with
a detailed invoice accoapanied by receipts relative to that
invoice. The invoice charces shall be catecorized by
departaents. All receipts shall reflect the charceable
departaent, quantity, services, and cost of each itea. The
City viii pay for said services on the last vorkinc day of
each aonth for the prior aonth's undisputed invoice.
9. TER"INATION: Either party aay terainate this acreeaent by
civinc notice in writinc by recistered aail, return receipt
requested, to the other party thirty (30l days prior to any
such intent to cancel this Acr••••nt.
10. Both parties hereto represent that they have read this
Acr••••nt, understand it, acr•• to be bound by all teras and
conditions stated herein, and acknow l edce receipt or a
sicned true and exact copy of th • Acr••••nt which, tocether
with such doc~ents referenced herein, shall constitute the
entire acree•ent with respect to t • subject aatter herein.
IN WITNESS WHEREOF, the parties hereto have executed this A&r••-
••nt the day and year first written above .
ATTEST: CITY OF E COLE 000
APPRO ED AS TO FO
.,
DATE
Dece.ber 18, 1989
JIIJTIATm IY
STAFF SOURCE
ISSUE/ACTION PROPOSm
•
-
COUNCIL COMMUNICATION
A&EIIDA ITEM
Publ i c Works Depart.ent
SUBJECT Janitorial Service
between the City of
Englewood and Sunshine Janitorial
Kells Waggoner, Director of Publ ic Works
Approval of a custodial contract between the City of Englewood and Sunshine
Janitorial for the su. of 54 ,100 ~nthly for janitorial service for City Hall, the
Police/Fire Co.plex and the Servicenter .
PIEY I OUS COUIIC I L ACTI 011
Approval of a previous contract with l 1 R Floor Ma intenance in Dtce.btr, 1988 .
STAff AMLYSIS
The C1ty as co racttd for custod al services for the C ty Hall and l brary, the
Pol ice/Fire C l ex and the Servtcenter for approxi tely 10 years. Since that
a e ad fo r contracts t th endors st strv ces e entually fell bel
of e ~ctat 1o •
all and l brary, Poltc /Ff ~ ta.plt
c stod al serv ces for s~ ftc areas and s
co r ct.
re daily
1"9 as dtscr
•
• •
FIIWICIAL
Requests for Proposal for Janitorial Services were sent to fifteen (15) vendors and
bids were opened October 24, 1989 . Three vendors sub.itted bids as follows:
1. Sunshine Janitorial
2. Janitronics
3. L l R Floor Maintenance
S4,100.oo
5,500.00
6,113.69
Bids are -anthly costs for janitorial services at the City Hall, library, Police/Fire Co.plex and Servicenter .
We investigated clients of Sunshine Janitorial and found their work to be rated
highly. Sunshine Janitorial has agreed to furnish n ... s for a security check of all
e.ployees who wi ll be working for the Ci ty, however these ~rsonnel will be hired only i f Sunshine J an i torial i s awarded the contract .
I reca..end the Ci ty accept the proposal of Sunshine Jan i torial for custodial
services for the Ci ty Hall and l i brary , the Pol i ce/Fi re Co.p l ex and Strv i center as per bi d and ten.s of the contract hereto attached .
I .
•
•
AGREEttENT
THIS AGREEitENT, entered into this day of
, 1989 by and be:t~w~e~e~n=-~t~h~e~C~i~t~y-:o~f~E"-n~clewood 7c7h_e_r~e~i~n~a~f~t~e~r~r~e~f~e~rr•ed to as •the City•, whose address Ia 3400
South Elati Str••t, Enal•wood, Colorado 80110 and
(hereinafter referred to ae •vendor"'· whoee addreaa te
WHEREAS, the City Ia desirous o f havtnr certain custodial services perfor•ed lnr
1. the City Hall/Library located at 3400 South Elatt Street, Enctewood, Colorado and
2. the Pollee/Fir• Center locat•d at 3851 South E l att
Street, Encl•wood, Colorado and
3. th• Servleenter Faclllty l oeat•d at 2&00 South Platte
River Drtve, Enctewood, Colorador and
VNEREAs, Vendor wishes to perfor• these serv tce• for a •onthly
conald•ratlon fro• the period bectnntnc January 1, litO and endt n c Dec••ber 31, ltto.
THD
t .at t
l •
T • C
o f ea c
• Ct y a
., '"• -·)'
•
• -
4. Vendor wi II furnish &II equipment &nd supplies (except p&per
products> for use in performinc &I I of their services
enumer&ted in this acreement &nd will bil I the City monthly
in the m&nner described in Par&craph 2.
5. Vendor will perfor11 services
a. between the hours of 5:00p.m. and 12:00 a.m. Cmidnichtl
Mond&y throuch Frid&y &t City H&ll.
b. between the hours of 9:00 p.m. and 12:00 a .m. Cmidni cht l
Monday throuch Friday and on Sunday at the Library.
c. between the hours of 5:00 P·•· and 12:00 a.m. Cmidni cht l
Monday throuch Friday, and from the hours of e:oo a.m.
to 8:00 P·•· Saturday throuch Sunday at the Police/Fire Complex.
d. between the hours of 5:00p.m. &nd e:OO p.m. Monday
throuch Friday at the Servicenter Facility.
6. Vendor will be required to obtain and maintain in full force
and effect, continuously from the commencement of
performance under this contract, insurancw as fol l ows:
a . Vendor will provide Yorkmen's Compensation cover&ce and
comply with th e Yorkman's Compensation Act of Color ado
a nd will provide compensation in surance to Vendor and
the City from and acainst any and a lI ~orkmen's
Compensation clai s arisinc from performance of the work
under this acreeme nt. A Fidelity Bond in the amount of
ffye Ihoysand Pollar~ (15,000 > coverinc al l work under-
taken, and c ertificates o f such in1urance and bond
coverace wil l be furnished upon the sicninc of this acree ment.
b. Vendor does hereby acree to ind emnif y and hold harmless
the City and the City's employees from all fines,
suites, claims, de ands, and a ctions of any kind and
nature hataoever by re as on of any and a ll of Vend or's
opera Ions ere und er and does ereby acree o ass um e a ll
of t e r 1 s n e ope ration o f its ustness ere under,
and wftl be so l e ly responsibl e and answerab l e in da aces
for a ny a nd a ll ac clden s or injuri es to persons or
proper y. Ve ndor II I at a ll tl as • recardad as a n
Sndapende t con r a etor and Ill no ny t ct at
•ca n tor, or r e pr ese n 1 e o t, y or o f e cs y'e • p toye
c. t 01.1 ltat t I IU l tabJIS y , e dor
nd ••P ln for • e•nera l ll ab It y
P•r•onat InJury tn sua or not l e • cs t,ooo.ooo• nd
(1 1.000,000 ) II'• e and to turnl
p op r e r lfl lon th t uoh lneur n
force nd et Property da co In vran
rrS ed a ount ot c s.ooo.ooo • ate , I •
•
• •
7.
Vender acknowledses that the services to be performed
hereunder will be accomplished in information sensitive
areas includinc, but not limited to, the Police Department,
the City Attorney's Office, the Municipal Court, the Finance
Office, as well as all other departments. Vendor further
acrees to refrain from employinr any person who has been
convicted, or plead cuilty to, any felony offense. Vendor
will provide all personnel necessary to perfora all of the services conteaplated hereunder.
a.
9.
y
10.
11.
The tera of this Contract wil I be for a period of one <1>
year coaaencinr on January 1, 1990 and endinc on
Deceaber 31, 19iO. Should both parties acree to ••tend this
contract for an additional year , Vendor must subait a
written proposal to the Purehasinc Arent no later than
October 1, 1990. The City reserves the richt to accept,
aodify or reject said written proposal, and will infora
Vendor of its decision throuch the office of the Purchasinr Alent.
Notwit h standinc any of the fore1oinc, or any of the richts
or privileces of cancellation contained herein accruinr
either to Vendor or to the City, either party to this
a1ree•ent will h ave the r i lht of cancellation, with or
without reason, by servinc notice to the other party by
recistered aail, return receipt requested, of such intent to
cance l this acree•ent at l east thirty <30> days prior to any
such proposed cancellation date. Such cancellation to be
witho ut recourse e•cept for a ny su•s ow1n1 to Vendor for
serv ices perfor•ed, or owlnc to the City for services p a id for and not per foraed.
Ve l"ldor will not ass l c n. transfer, sublease, pledc e,
surrender or other wis e encuaber or dispose of this
a1 re e a e nt any rl l ht or obli la tion cr eated by this
contr a ct, or a ny int erest In any portion of the saae, or
peralt any othe r p ers on or p e rsons, coepa ny or corpor a tion
to perfore without the e •press writt e n consent of tha City first betnc obtaine d .
lo h par lee here o represent t t they h ve read thts
Acreeee n • u nderstand l t, tree o be ound by a l l teras and
conditi o n • ated herein. and ao no l e da e receipt of a
llll"led tr ~• nd e•a t copy ot t • Acr•••ent which, to1ethe r
wtth s u e docuaents referenced h •r•ln, ehall consttiu t e he
e nttr e acree el"lt respect to thl au ject • tter re n,
I .
•
• •
IN WITNESS WHEREOF, the parties hereto have executed this Acree-
ment the day and year first written above.
ATTEST:
CITY OF ENG~EWOOO
Patricia H. Crow, City Clerk
APPROVED AS TO F0~1
Rick DeWitt, City Attorney
ATTEsT,
VENDOR
Secretary
Title•------------------------
'10: Stu Food&, Dinlctor of Utilities
ftlll: Rick DeWitt' City Attorney
Dlmr: Jlec::wtJer 5' 1989
•
• •
13~
•= O.U. a Desist Order -Allen w.ter Pl~t -Colo. ~ of Health.
Pleue find enc:lOMd tot.~ 30, 1989 Letter, just received, fraa
tot. St.M:.e ~t of Health ...... ing a l*'aJ.ty of $6,750.00 for Allen
Water 'rrft~ Di.a:harges. )\' ~idaticn is t:Mt w accept W. settl~.
~is a review of tot. subject. Pleue advi• • .e; your earliest
aonwnJ.ence, it vill be ,.,...R)' to .u. a~ en w. albject to
the City OouncU .e; tt.ir o.c ... 18, 1989 *-t:ing.
I .
-
MDIORANDDM
TO: Mayor Van Dyke
Members of City Council
PROM: Rick DeWitt, City Attorney
DATB: December 5, 1989
•
• •
RB: Allen Water Treatment Plant Cease 1 Desist Order.
A Cease and Desist Order was issued July 13, 1989, to Mayor
Van Dyke and referred to the Utilities Department, as a result of
discharge of backwash water from the Allen Water Filter Treatment
Plant. The discharges were found to contain 82 Mg /L of total
suspended solids and .47 Mg/L of total copper in the divisions
analysis. The City's analysis indicated 74 Mg /L of total
suspended solids, alu.inua concentration of .6 Mg/L, copper
concentrate of .46 Hg/L, and chlorine concentration of .1 Mg /L .
The discharge contained pollutants as defined by C.R.S. 25-8-103
(14). The Mike Woika acting on behalf of the City, essentially
adaitted every allegation in the Cease and Desist Order.
A -.eting was held at the Colorado Depart .. nt of Health
where the issue was discussed particularly with respect to
penalty. The City vas requestint that no penalty be iaposed,
The Health Departaen vas discussint a penalty of tl 2,468.75.
There vas so d scussion of a penalty of t4 18l.OO . have
received notice tha h State vill settle for $6 ,750.
• vir
Th optiont
1. Continu
2.
J.
Ac
tses nt r sh
r d. In r ality
a alya •·
ava lable in th • .. tter are;
nal y \lll
..... ;ov•••d ncS th n
ot f , 1 o.
al.
will
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My recommendation is to pay the penalty at the present
time. The bases for this recommendation is that:
1. It is cost effective.
2. Our real defense is the amount of harm to the "River
System", it has been our argument that the discharge
actually improved in quality. It has also been our
argument that everything that could have been done was
done. The fact is that there was a violation of the
statute.
With the payment of the sum of $6,750.00, it is still
nominal when dealing with a multimillion dollar operation. If we
cooperate on this one, we will continue to obtain cooperation
from the Health Department on other violations as they may occur.
The alternative of litigating the question does not seem
appropriate at the present time. There are no cases on this
subject and although there is an opportunity to make new law, I
cannot recommend this at the expense of Englewood. The
assessment is approximately l/2 the original assessment the State
was requesting. Litigation will certainly cost much more than
$6,750.00 in terms of staff time and dedication. The problem
will be that in the future we will also be considered
•uncooperative.•
It should also be pointed out that there was a v olation of
the terms of the statute, though these are not significant
violations, statutes are written in such a way that there is
virtually no chance of avoiding liability. The real question is
not so much whether we pay, or don't pay, t is how much we pay.
This is usually within the sound discretion of the agency and so
long as it is not unconscionable the courts will gen rally agree
with the agency imposed penalty.
ouchy one. w
pay nt, then we
4,781.00.
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I would also point out this makes the State "look good" in
their EPS.
Cooperation does not mean rolling over, it means intelligent
discussion of the issues -pointing out that the quality of the
discharge was high and reducing the states indignation for not
applying for a permit, i.e. reducing the ruffled feathers. The
City regularly doubles fees when a permit is not pulled per
ordinance.
All things considered settle for the $6,750.00 and go on to
other business.
I intend to bring this up at the Deceaber 11, 1989 Meeting.
cc: Roger Fraser
Stu Fonda
nf
Respectfully sub•itted,
Rick DeWitt
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COLORADO DEPARTMENT Of HEALTH
4210 East 11lh Avenue
D~nver, Colorado 802 20
Phone (303) 320-833 3
November 30, 1989
Mr. Rick DeWitt, Attorney
City of Enalewood
3400 S. Elati Street
Ena 1 fl'oiWIOd ' 00 80 11 0
RE: Propoeed Ht.tl-.nt
•
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Roy Rom~r
Covernor
Thom.u M . Vrrnon, M 0 .
hrcutive OueciOf
Notice of Violat.ion/Ceaae l Desbt VI'~.......,L~P-'
Allen Water Trea~t Plant
No Perwit
Dear Mr. DeWitt.:
In li~t. of the infor-.ation obtained at our -.tina on Octo r 3, 1989, we ha~ recalculated the J**). ty for the purpoees of propoelrlll a ttle.ent in
the ~-e-ref'erenoed •tt.e.r.
will aaNe to chana two it.e. in the u ... a•ant: 11 in the "willfulneu"
ca ory, we ac~ to lower the percen frca 2ft to lOK (of' the buic
penalty): 2) n the ca ry titled "d.iecou\t for cooperation" we acree to
~ the ration frca "falr" to "fair/tood" ..tlich ~ta to a chana
in diecc:M\t frca to 1
n a MW tal for the 15 days Of
th 1 • r for t.h.l ~
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m: Mayor van Dylte
Englewood City Council Mellbers
IW:Il: Rick DeWitt, City Attorney
IWIB: Decellt)er 12, 1989
RB: CfXlA ~cipal Settlement Policy.
'lbe Interim CfXlA fotlnicipal Settlement Policy has been released. It
specifically deals with lllll'licipal sewage sludlje. Ql this issue the EPA states
"Generators/transporters of sewage sludlje: lllll'licipal and private party
generators/transporters of sewage sludl)e will not generally be notified as
PRP' s unless:
1. the Re9ion obtains site -specific infoDMtion that the ~ sludlje
contains a hazardous Sl,j)stance; and
2. the Re9ion has reason to believe that the hazardous a.JbtJtanc:e is
derived fran a OOlllftercial institutional, or ~ial p&"'CHS or:
activity.
of this is that aettl t policies -v incl 1~
t aettl t ~" and on contributions, i.e.
to flexibility rattwr than just the ~t o ~
• My ~ fran fran Richard 11 on the j is that:
1.
2.
• not retroiCt i
4 I .
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copper and it may be related to a OCI11!I!rcial institution or industrial process
or activity. I use the phrase may because, unionized copper may cane fran the
Englewood's Water Treatnent Plant and other treatment plants in the area, as
well as fran the Water Distribution System itself. It is rrtt understanding
that this subject has not been analyzed by the water Treatnent Plant.
The fact that the policy is not retroactive and may not apply to future
operating units, as you Jcnow by participating in the current cp!rating unit we
had received infollllal pranises that we would not be involved in future
cp!rating units. The policy proposed will add 100re credence to opting out of
that process.
The key factor is that this does not change CEa:IA lec}islation, that is
the orqanic law that creates the liability. Other entities will continue to
have the right to litigate municipalities liability.
Nlat do we do fran here:
1. Continue with the operating unit that we are currently involved in.
2. Continue to be involved in the nunicipal aettla.nt diiiCUSaion
~-
3 . Continue to lobby Ccncjresa to change the Act, i.e. Ccllprehensive
Environaental Rnponlle ~ation Liability Act of 1980 and~
P\Jnd Jlnleidl'euta and Reauthorization Act of 1986.
ex : Stu Fonda
nf
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Mayor Van Dyke stated she felt uneasy about supporting this without seeking
more indepth legal opinions and further discussion at a study session.
CLAYTON: I WOULD JUST NOTE THAT WE ARE COMING UP AGAINST A TOUGH YEAR OF
UNION NEGOTIATIONS. WE'VE GOT AN ELECTION, ONE ELECTION SET, IT
WILL BE DIFFICULT TO GET ANOTHER ELECTION THIS YEAR. AND, I REALLY
BELIEVE THAT THESE ECONOMIC ISSUES NEED TO BE, NEED, PEOPLE NEED TO
KNOW WHAT KIND OF EFFECT IT'S GOING TO HAVE. IT'S NOT JUST TO SAY
-DO WE GIVE THEM ~OR DO WE GIVE THEM 4% OR DO WE GIVE THEM 6.5%.
WE NEED TO KNOW WHAT IT'S GOING TO BE.
VAN DYKE: IS IT YOUR INTENT TO GET THIS INFORMATION FOR THE JANUARY 30TH
ELECTION?
CLAYTON: THERE'S NO POSSIBLE WAY TO DO THAT. I MEAN THIS WOULD BE A BALLOT
ELECTION ASKING THE CITIZENS IF THEY WOULD LIKE TO HAVE THIS IN THE
CHARTER. SO THIS ISN 'T SUGGESTING THAT THIS INFORMATION WOULD BE
ON THE ELECTION THIS TIME, BUT IT'S ASKING THE VOTERS TO SAY -YES ,
WE 'D LIKE IT ON SUBSEQUENT ELECTIONS.
VAN DYKE: SO YOU'RE ASKING THIS TO GO TO THE ELECTION?
CLAYTON : RIGHT. THIS TO GO TO THE ELECTION . I WOULD HOPE YOU COULD SUPPORT
THAT .
HABENICHT:
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HATHAWAY: YOUR HONOR, MY QUESTION WILL RELATE TO THAT CONCERN. RICK, IS IT
POSSIBLE TO SIMPLIFY THIS THE EASIEST WAY POSSIBLE TO PUT IT ON THE
BALLOT ISSUE LATER ON? TO JUST PUT IT IN (IMPACT -AMOUNT) OR OOES
IT REQUIRE A LOT OF VERBAGE TO MAKE IT LEGAL? IF IT'S ALL ITS
GOING TO REQUIRE IS PARANTHETICAL EXPRESSION OF IMPACT -YOU KNOW,
SO MUCH MONEY, I CAN'T SEE WHERE THAT COMPLICATES IT ENOUGH THAT I
WOULD BE WORRIED ABOUT IT. IF IT'S GOING TO INCLUDE TWO OR THREE
PARAGRAPHS STATING THAT IMPACT, THEN I WOULD HAVE A PROBLEM.
DEWITT: THE VERBAGE SHOULD BE EXTENSIVE ENOUGH SO THAT THE GOAL IS CLEAR.
THIS IS RELATIVELY CLEAR AND IT IS RELATIVELY SHORT .
HATHAWAY: I'M REFERRING TO, IF THIS SHOULD PASS THE ELECTORATE. WHEN IT GOES
ON A FUTURE BALLOT QUESTION, HOW WOULD WE EXPRESS THE IMPACT?
DEW ITT: WHAT WOULD HAPPEN IS THAT, AH, IT COULD BE DONE PROBABLY TWO D IF -
FERENT WAYS. ONE IS FOR YEAR ONE -X, YEAR TWO -Y, OR YOU COULD
HAVE THE, AH, EACH ALTERNATIVE SINGLE MEASURE YOU 'D HAVE THAT FOR
EACH MEASURE THAT IS ON THE BALLOT . YOU COULD ALSO PUT THEM IN
COLLECTIVELY, THAT IS WHAT THE COST WOULD BE FOR TWO YEARS, THE
TOTAL . FOR THAT ONE MEASURE .
HATHAWAY: MY QUESTION RELATES TO WHAT IS INDEED, IT SAYS, A STATEMENT PRE ·
PARED BY THE CITY'S FINANCIAL DEPARTMENT STATING THE FI IAL IM -
PACT OF EACH ALTERNATIVE SINGLE MEASURE . HOW MUCH, HOW MUCH ARE WE
TALKING ABOUT · A FINANCIAL STATEMENT? A LITTLE BLURB? OR ARE WE
TALKING A WHOLE STATEMENT · IF WE 'RE TALKING ABOUT A LE STATE -
MENT, THERE'S NO WAY I'LL SUPPORT IT .
CLAYTON: MY INTENTION WAS TO HAVE THE WORDS "Fl IAl IMPACT FOR TH XT
TWO YEARS · X, OR FINANCIAL IMPACT FOR 1990 • SAMOUN T, fOR 1991 •
SNWNT . AND IT WOULD BE ON THE CITY 'S PO IliON, AND CAR ER R·
VICE BOARO 'S POSITION, THE UNION 'S POSITION . AND THAT 'S M IM ·
PACT . I TH I IT MAKE, I TH I IT REALLY CUTS TO TH V RY ESSE
HATHA AY:
CLAYT :
HAT AY :
CLA T :
OF WHAT WE 'RE TALKING ABOUT ON THESE I ASS THI S. IT TA S
ABOUT • WHAT 'S IT GOJ TO COST US IF PASS TH S VARIOU IS S,
AND I THI IT ACTUALLY Sl LIFIES TH ISSU •
IT . I
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COULD DO A VERY SIMPLE PHRASE, YOU KNOW, JUST FINANCIAL IMPACT
1990, FINANCIAL IMPACT 1991.
HATHAWAY: THE OTHER QUESTION THAT I WOULD HAVE IS DO WE NOT INDHD FOR THE
MOST PART NEGOTIATE THREE YEAR CONTRACTS?
CLAYTON: WE DO, HOWEVER,
HATHAWAY: AND DO WE ALWAYS HAVE A WAY BLAH, BLAH, BLAH .
DISCUSSION ABOUT THE PERIOD OF TIME
CLAYTON: TWO YEARS COULD BE REASONABLLY PROJECTED
HATHAWAY: MAYBE IT SHOULD BE ONE YEAR AS OPPOSED TO TWO
FRASER: RITA , IF YOU TAKE A LOOK AT ANY COST INCREASE UNLESS YOU TAKE THE
WAG£ AWAY, OR UNLESS IT IS A ONE TIME LIMP Slit PAYMENT , IF YOU 'VE
ADJUSTED THE WAGE RATE, IT 'S GOING TO COST YOU IN 1990 AND THAT
INCREASED RATE IS ALSO GOING TO COST YOU IN 1991, AND THE OTHER
THINK I 'D POINT OUT IS THAT, OUR HISTORY HAS BEEN TO HAVE EITHER
AUTCNTIC PROVISIONS IN EACH CONTRACT FOR THE SECOND AND THIRD
YEARS OR REOPENERS TO NEGOTIATION SOt£ SPECIFIC COSTS ITEMS. AND
IT ISN 'T CLEAR TO WHAT THE CHARTER LANGUAGE PROVIDES IN TERMS OF
IMPASSES THAT RESULT IN fl.ILTI -YEAR AGREEMENTS . AND I DON'T THINK
THIS lANGUAGE IS HURTFUL .
HATHAWAY : MIGHT BE fiiRE PttU0£NT TO MOll IT TO SAY ONE YEAR.
CCUCJL MJ110 IIATIWIAY IIDVD. -IT liAS KCC.O. TO ..., SECTICIII 137:1 TO
IUD: • ••• STATI. TN( FIIWICIAl IIINCT OF uat All'tMATIV£ SII-.E MEASUIE
FOI TN( IE.IT •-Y£AI.• It .. ._ clartfttd that the 80tton 's Intent .. IS to
chang all references to •t-.o y ars• to •one year• .. tthtn Counctl Btll No . 47 . ~es : Counctl rs Koltay, Hath ... ay, Kozacek , Byrne,
Habenicht, ClaJton, Van Dyke
Nays :
Abstatr1 :
Abset~t :
to carr tel .
Cl ell or t
Clay o ,
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"/b/1/
VAN DYKE: MR DEWITT, DOES THIS COUNCIL BILL FALL UNDER THE EMERGENCY OR -
DINANCE IN THIS REQUIREMENT?
DEWITT: NO . IT REQUIRES UNANIMOUS VOTE SO IT DOES NOT PASS THAT WAY. I, IT
WOULD PASS AS A REGULAR ORDINANCE, BUT IT WOULD BE TOO LATE FOR THE
ELECTION ON THE 30TH SO IT WOULD REALLY BE A NULLITY.
VAN DYKE: SO IT DOES PASS AND WILL GO FOR SECOND READING TO BE IMPLEMENTED AT
THE NEXT CHARTER ELECTION OR WHATEVER.
DEWITT: NO IT WOULD NOT GO AT ANY CHARTER ELECTION BECAUSE IT IS IDENTIFIED FOR JANUARY 30, 1 990 .
VAN DYKE : SO WHAT HAPPENS IT IT NOW .
CLAYTON: I'll HAVE TO REINTRODUCE IT.
HATHAWAY: IT WOULD HAVE TO BE REDRAnEO AND REINTRODUCED .
VAN DYKE : SO DOES IT DIE?
CLAYTON: YES.
DEVITT: WELL, I THINK, NO IT 00£SN 'T DIE BECAUSE YOU APPROVED IT . TECHNI -
CALLY IT'S BEEN APPROVED . SO WHAT HAPPENS IS IT C«<tES UP ON SECOND
READING . ON SECCII> READING, IF IT'S PASSED THEN, IT 'S A NULLITY,
BECAUSE FRANKLY THE EFFECTIVE DATE Of IT IS AFTER THE ELECTION THAT
IT 'S SUPPOSED TO GO TO ELECTION .
VAN DYKE : ON SECOND READING COULD CHANGES BE MADE TO KEEP IT ALIVE? FOR FU -TURE USE?
OOIITT: SURE . SURE, OR YOU COULD JUST VOTE IT DOWN .
CL AYTON : VE COULD AMEND THE DATES AND MEND TH EMERGE Y PROVISION ?
V DY E: RATHER 'OWl VOTING ON IT ON A SECOND READING IN ITS CURRE NT C 1-
TION, I WOULD ENCOURAG llll TO WITH ITT TO E IT
APPtiOPI lATE •
ITT :
Cl . MA Y I A A QU STI ADI THNOO • YOO T TO HAV IT
ClAYT . IT n A lOT QU Tl A A ou T . I • •
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HABENICHT: OKAY . THAT'S ALL .
VAN DYKE: I THINK IT 'S IMPORTANT THAT WE CLARIFY THOSE OPT IONS AT THIS TIME . ANYTHING ELSE, MR. CLAYTON?
CLAYTON: NO, THANK YOU VERY MUCH .
I . .
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CIIDINAOCE 00.
SERIES OF 1989--
A BILL FCR
AN CIIDINNCE SUBMITI'n«; 'ro A VOl'E OF THE ®ALIFim ~ <F THE CI'IY OF ~AT A SPEX:IAL Fl.EX:TIOO 'roBE HElD CN JANUARY 30, 1990, PRC.1'00ID
AMEHMN1' 'ro THE OfARTER OF THE CITY CF ENiLEKXD RElATlN; 'ro THE FINANCIAL
DIPCRT OF D1PASSE ISSUES Am I»Xl.ARIM; AN ~.
THAT: BE IT CIUllUNFD BY THE CITY <XJUOCIL CF THE CITY CF EHiLl:KXD, <XU1WX>,
Section 1. There is hereby subnitted to the qualified electors of the
City of Dlglewood at the special li'Linicipal election to be held on January 30,
1990, Pro:?Osed anenctnent to the Cllarter of the City of &lglewood, as follows:
'!hat effective ilmediately upon approval of the qualified electors of
the City of Dlglewood, and the certification thereof to the office of the
Secretary of State of the State of Colorado, pursuant to Section 9, Article
XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised
Statutes, Article XV of the Hate Rule Cllarter of the City of Dlglewood is
hereby liiW!rlded by adding the following paragraph at the end of 137:6:
137:6
YOf AL'IDNo\TIVE SIJQ.E ~ 00 '11:1E ML1Dr SUI!MIIH!D 'roAN EUX:'l'IOO
AS A RESULT <F AN !H'LOYEE MASSE S1W.L D«:1.L1:E A ~ PRD'ARm BY
THE CI'n' Is F'INAUCIAL DEPAR'IMFNr STATDC '11:fE FlNNCIAL DFACT OP EACH ;u:m~wrM SIJQ.E f.IF.AStJRE ~ THE NEXT 411&-'J!I'.Uti.
~7 z-7
Sect on 2. The vo ing mach nea and paper ballots tor &aid elect on
s."Wl carry the follcMnc:J signa ion which ahall be the a.ab!Ussion cl&u~~e:
AC.io\I:ter
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Section 3. '1be proper officials of the City of &lglewood shall qive
notice of said special llllnicipal election, lolti.ch notice shall be pjlliahed in
the llllllrlner and for the length of tiD! required by law, and the ballots cut at
such election shall be canvassed and the result ascertained, drtermined, and certified as required by law.
Section 4. An emerqency exists to protect the welfare of the citizens
of &lglewood in that without approval at the next election, the citizens will
not have direct infonaation on the .iJipact at ~ elections .
Int.roclJoed, read in full, and pulled on first reading on the 18th day of Dec:eltler, 1989.
Published u a Bill for ., ~ on the 21st day of "*--_., 1989.
Attest:
Patricia H. crow, City clertt
I, Patricia H. crow, City Clerk of the City of lh)l-.:Jod, Ool«ado,
twnby c.rtify that the lboiM lnd fangoing ia a tr\a CXJpy of a Bill foe tn
<k'd1Mnce, introclJced, retld in full, and pu..s on first l"Md.ing on the 18th day of Dec'llltier, 1989.
PatrlCii H. &CIIIi
I . •
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BY Al111DU'IY
<XXH:IL BILL 00. 46.1
A BILL~
~~
AN CRDnwr::E SUBMI'l"l'DIO ro A WlE CE 'lHE QUALIFIED ~ CE 'lHE CI'lY CE
fla.tXXX> AT A SPEX:IAL ELEX::TIOO ro BE HEW 00 JN«Wfi 30, 1990, PRa'OSED
~ 'ID 'lHE CHMTER CE 'lHE CIT'l CE ENiLEXXD REr..ATIH; 'ID KZ AND
RES:mm::Y ~ CE toe~ CE 'lHE CI'IY CXXH:IL At«) ~ AN
~-
'nfAT:
Section 1. 'nlere is hereby sul::anitted to the qualified electors of the
City of Englewood at the special lll.lnicipal election to be held on January 30,
1990, proposed ~t to the 0\arter of the City of Englewood, as follows:
'that effective inm!diately upon approval of the qualified electors of
the City of Englewood, and the certification thereof to the office of the
Secretary of State of the State of ColoriiOO, pursuant to Section 9, Article
XX, of the Colorado Constitution and Section 31-2-210 Colorado Revised
Statutes, Article III of the ttcrae Rule 0\arter of the City of Englewood is
hneby ..ended to read u follows:
23:
1
MTIClZ III
LllllSlATIVE IKDY c.·--···· <XUC:n:.PatS(JolS
• 2 I .
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And each elector voting at said election and desirous of voting for or
against said artenanent shall indicate his choice by depressing the appropriate
counter of the voting machine which indicates the word "For" or "Against• or
by ~~riate marking upon paper ballots where used.
Section 3. '1b! proper officials of the City of &'lgl~ shall give
;notice of said special r.unicipal election, lotlich ootice shall be published in
the manner and for the length of time required b;y law, and the ballots cast
at such election shall be canvassed and the result ascertained, determined,
and certified as required by law.
Section 4. An 8111!rgeucy exists to protect the welfare of the citizens
of &'lglewooa rn that without approval at the next election the citizens will
not have clear inf0%1111ltion on the ipact of CJlalifications of oouncilpersons at 5\beequent elections.
Int.rocb:ed, read in full, and pused on first reading on the
1 1989,
PIJJ118hed as a Bill for .-t Ordinance on the day of
Attest:
PatriCia H. Crow, city clertt
day of
, 1989.
I, Patricia H. Crow, City Clerk of the City of ln;lewod, Colord:l,
hereby c:.rtity that the llbcNe .nd tangoing is a tru. ocpy of a Bill for .,
Ord1nance, i.ntrocb:led, rut~ in tu.U, .n4 ~ m first ruding on the
day of , 1989.
Patrie!• H. Crow
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CIWINAOCE 00.
SflUES CF 1989--
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A BilL FCR
a:ucn. BilL 00. 46.2
~~g:ucn..
MEHD.~C
AN CR>DWCE SUI!MI'1"l''I< 'ro A VO'm CF "mE QUALIFIID ~ CF 'lliE CI'lY CF
f2G.J!KlCD xr A SPB:IAL ELB:'TICN ro BE HEW CN JmJARY 30 I 1990 I PRCPOSm
~ 'ro '1'H! CHM'1'ER CF 'lliE CI'lY CF EN;UXXD RELATill:i 'ro 1GE Nl>
RESIIIN:Y ~ CF ~ CF "mE CI'lY CXUCIL Nl> ~ AN
~cr.
BE IT <RlAlNI'D BY 'l1IE Cl'lY CXUClL CF THE CI'lY CF ~~ ~~
nwr:
section 1. 'ftlere is hereby subnitted to the qualified electors of the
City of &oc)lewood at the special lll.lnicipal election to be held on January 30 1
1990 1 proposed arnencb!nt to the Olarter of the City of &oc)lewood 1 as follows:
'!!\at effective Uaediately upon approval of the qualified electors of
the City of &oc)lewood, and the certification thereof to the office of the
Secretary of State of the State of COlorado, pursuant to Section 9 1 Article
XX, of the COlor-':> Ocnatitution and Section 31-2-210 COlor-':> Aevbed
Statutes, Article III of the Hcll8 Rule Qlarter of the City of ~lewood a
hereby to read as follows:
23:
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'!he COlorado SUpreme Court has declared another city's 3-year
residency requirenent unconstitutional. 'lhis 5111!'J'Kbent would recb::e
confusion and cx:r.l!! into ~Hance.
And each elector voting at said election and desirous of voting for or
against said artll!l'\dlent shall indicate his choice by depressing the appropriate
counter of the voting llliiiChine which indicates the word •For• or •Aq.Unst• or
by awropriatl!! lllarking upon paper ballots wherl!! used.
Section 3. ~ proper officials of the City of &.glewood shall give
notiCI!! Of S&id special l'IIJI'rlcipal l!!lection, 111\ich notiCI!! lhall be published in
the lllillml!!r and for the length of time required by lw, and the ballots cut at
such l!!lection shall be canvaslled and the rnult a.c:ertained, dete%ained, and
Cl!!rti fil!!d u rl!!qUired by law.
Section 4. An emergency exists to protect the welfare of the citizens
of &.glNlOd in that without approval at the next l!!lection, the citizens will
not have clHr infODlllltion on the qualifications of ocuncilpersona at
subeecp!nt l!!lections.
Irlt.rocb::ed, read in full , and pulled on first rHding on the
, 1989.
Published as a Bill for an Ol'dinance on the dlly of
Attest:
Parlcla H. Crow, City ClAdt
I, P.Uicia H. Crow, City Cl of the City of P.ngl , Oolor
hereby CKtity thM: the -.,d ing is • trw ocpy of • 11
Ord.inanc», int.l'olt.lced, r'Hd in full, -.,d PM1114 on tint en
day of , 1989.
htitcli i. &iW
dlly of
, 1989.
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CIID:nw«:E 00.
Sl:lUES CE 1989--
•
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BY ALmDUTY
A BilL FCR
ccucn. BIIL oo. 46
INIKDXE> BY ccucn.
~------
AN CIIDDW«:E SUBMI'l"l'lH; ro A VO're CE '1HE Q(W.IFUD ~ CE '1HE CITY CE
9G.fXlOO AT A SPB:IAL D..B:TICN ro BE HEW CN JAl'«..ARY 30, 1990, PRCIIOSID
NB04ENl' ro 'l1IE c::HM'reR CE '1HE CITY CE ~ RElATnli ro RESII>U«:Y
~I'Nl'S CE ~ CE '1HE CITY <XX.N:IL At«> IB:LARil«i AN ~.
BE IT CIWAlNED BY TilE CITY CXUCIL CE '1HE CITY CE OG.FHXI>, OLCIWlO,
'!'HAT:
Section 1. 'nlere is hereby sutltlitted to the ~ified electors of the
City of f))glewood at the special IIIUI'licipal election to be held on January 30,
1990, pt:opoeed ~t to the Ol&rter of the City of El'lglewood, as follows:
'1!\at eUective inned.iately ~ approval of the qualified electors of
the City of Englewo::>d, and the certification thereof to the office of the
Secretary of State of the State of Coloracb, pursuant to Section 9, Article
XX, of the Co1orecb Ocnst.itution and Section 31-2-210 Coloracb Revilled
Statutes, Article III of the Hallie Rule Ol&rter of the City of f))glewo::>d ia
hereby onetdi!d to read as foll
23:
11
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counter of the voting IMIChine which indicates the word "For" or "Against" or
by appropriate marking upon paper ballots where used.
Section 3. 'lbe prq:Jer officials of the City of &lqlewood shall give
notice of said special l'lllnicipal election, "llch notice shall be published in
the manner and for the length of time required by lMt, and the ballots cast at
such election shall be canvassed and the result ascertained, determined, and
certified as required by law.
Section 4. An emergeucy exists to protect the welfare of the citizens
of &lqlNXid In that without approval at the next election the citizens will
not have clear infcmaation on the iDpact of cpalifications of oouncilperaons
at subeecpent elections.
Int:rocllced, read in full, and paned on first readinq on the
, 1989.
Published a • Bill for an crdinance on the day of
Attest:
Pat.r{da H. ere:;;;, city Clerk
day of
, 1989.
I, Patricia H. era.,, City Clerk of the City of Inglewood, Colorado,
twr'llby certify that the iibc:lv. -.d fcngoin!J is a true aapy of a Bill ftz an ~. ~. read in full, ..c1 pu..s on firat rMding on the
day of , 1989.
PitiiCii H. crow
I . •
•
•
• •
I
BY AUTHORITY
-~. j:?.l.:;
ORDINA~CE NO . ~
SERRIES OF~ f{tJ.J./} ;)
;q~,c/
COUNCIL BIL:~ ;:ttvJ \~
I~TRODCCED BY COVNCIL
MEMBERS HABENICHT &
HATHA!o'AY
A BILL FOR JCJ'f~J
PEOPLES ORDINANCE NO . --• SERIES OF ~
AN ORDINANCE AMENDING TITLE I, CHAPTER 5,
ENGLEWOOD ~IUNICIPAL CODE 1985, BY ADDISG A NEW SECTION 9
PERTAI~ING TO COU~CIL BENEFITS, DECLARING AN EMERGENCY RFLATED
THERETO, A~D SETTING THIS ISSVE FOR A SPECIAL ELECTION .
. OW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF E. GLEWOOD, COLORADO, THAT:
Srctioo 1. Th~r~ shall b~ sub•itt~d to th~ vot~rs of the
City of Engl~wood, at th~ special election on January 30, 1990,
th~ following qu~stion:
"S hall Title 1, Chapter 5, Englewood Municipal Co de 1985, be
amended by adding a new Section 9 to read as follows:
sh
th
1-5-9: BE, EFITS FOR COVNCILPERSO S: CITY CO CIL SHALL BE
E~TITLED TO THE FOLLOWI G BE 'EFITS I DDITIO . TO
SALARIES:
CITY SHALL PAY FOR Sl~GLE 'fEDICAL D D£'1;TAL
PREMICHS fOR A PLAN A ILABL£ TO ALL FCLL-TIME
EMPLOYEES OF THE CITY,"
-y 0
on a ro\al b'' h \O ra o
1 , th o rd 1 n ne s o I C t y o
t r
lll 0 ,
ton
OOd
r
\ I • •
• -
• •
-----------· 1989.
Attest:
Mayor
Patricia H. Crow, City Clerk
I
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1'-/b_!L
I <j bJZ]l!_-
HABENICHT: YOUR HONOR, I'LL BE VOTING AGAINST THIS. I GUESS, ALTHOUGHT I
BELIEVE, I FEEL COMFORTABLE ABOUT THE RESIDENCY REQUIREMENTS, I DO
FEEL COMFORTABLE ABOUT LOWERING THE AGE REQUIREMENTS. I THINK .••
HATHAWAY: YOU DON'T FEEL COMFORTABLE? YOU JUST SAID YOU DO FEEL COMFORTABLE
WITH THE LOWERING THE AGE REQUIREMENTS .
HAB£NCIHT: I DON'T FEEL COMFORTABLE WITH LOWERING THE AGE REQUIREMENTS, AND
02AC
THEREFOR£ I WILL BE VOTING AGAINST THIS ONE. AND THE REASON I
DON'T FEEL COMFORTABLE IS I THINK OVER, OVER TH YEARS, WE 'VE LOST
OUR ABILITY AS A SOCIETY TO R.ESP£CT AGE AND WISDOM . MAYBE W£ NEED
TO LOOIC AT SOME OF THE OTHER CUL lURES THAT CERTAINLY DO THAT .
THAT'S NOT TO SAY THERE AREN'T A NUMBER Of VERY YOUNG PEOPLE WHO
PaA8l Y HAY£ A LOT WI AND A LOT EDG •
YOUR I YOU INO Of ERICA • ER, ALEX ,
vou ·v fiUSH£0 ro l£T YOU PR NT TH PEOPLE
THI THI TH P£0Pl TO IR OPI I ,
T I .
•
• •
POSSIBLY CONSIDER THAT WOULD DEAL WITH THAT. IF YOU WOULD LIKE TO
SEPARATE THEM OUT AS TWO SEPARATE ISSUES THEN I BELIEVE I COULD
PROBABLY SUPPORT THEM TO PUT THEM ON THE BALLOT, BUT WHEN THEY'RE
TIED TO ONE ISSUE, BECAUSE I THINK IT'S IMPERATIVE THAT WE PASS THE
RESIDENCY ISSUE. AND TYING TWO THINGS TO ONE ISSUE, I DON'T THINK
THAT'S APPROPRIATE. THAT'S WHY I'M AGAINST THIS PARTICULAR ONE .
HATHAWAY : YOUR HONOR, THE ONLY PROBLEM THAT I HAVE WITH THAT PARTICULAR LOGIC
ALEX IS THE FACT THAT YOU HAVE MADE A COMMENT EARLIER THAT YOU 00
NOT WANT TO SEE CHARTER CHANGES MADE PIECEMEAL. THIS PARTICULAR
CHANGE WITH BOTH REQUIREMENTS IN IT Will BRING US TO CONFORMANCE
WITH FEDERAL CAMPAIGN STANDARDS . THOSE ARE THE ONES WE 'RE BUCKING.
WE 'RE ALSO BUCKING A STATE CONSTITUTION THAT SAYS IT NEEDS TO BE
ONE YEAR INSTEAD OF THREE. I MIGHT MGUE THE AGE All) WISD(Jt TH ORY
THAT A RESIDENT THAT 'S I([N H(R£ TlltEE YEARS HAS DE WISD(Jt THAN
ONE THAT 'S BEEN HERE ONE . BUT I M WILLING TO GO ALONG WITH TH
CHARTER CLAAifiCATION TAKING CM£ Of THE TWO ITEMS AS FAR AS TH
QUALIFICATIONS FOR COUNCIL RS THAT HAV NOT 8 EN CI.AAIFIEO.
TH 010 I EEO GO TO A VOT OfTH PEOPlE 8£F()A GOT DEFEATED,
THER FOR , TH CHARTER £0 . A L[GA
8Y THAT
IS to
T
I r A l fl I I •
•
• •
DON'T NECESSARILY liKE THE DICTATORIAL STAG£ Of THAT, BUT IF INO£EO
THAT IS THE STMDAAO THAT'S 8£1NG HUD UP IN COURT, OUR CHARTER
N££0S TO REFLECT THAT STMDAAD. I THI. I 'M THE ON THAT ALSO GOT
A 7·0 VOTE IN SEJIHNG THAT TO THE DISTRICT COURT FOR AN OPINION
TH REOf . 1 S ON Y ASKING ON RESIO! Y BUT I 00 8£ll V£ AG coo 0
ere A QUESTION TH t.l ll . lO ll TO H
All c Jfl 0, T rA r • A l I l
nu
tl, T T TO
AT lTH f 1'0 HA TO n JT AT TTl .
•
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DISCUSSED IT AT STUDY SESSION, IT ISN'T OF THAT URGENCY AS THE
OTHER ONE AND THAT'S WHY I'LL BE VOTING AGAINST IT.
CLERK: SIX AYES, ONE NAY -COUNCIL MEMBER HABENICHT
VAN DYKE: MOTION FAILS
HATHAWAY: I JUST HOPE WE DON 'T END UP GOING TO COURT OVER BEFORE, THAT'S ALL.
VAN DYKE : OKAY, THE ORDINANCE PASSES , BUT THE MOTION TO PUT IT ON THE JANUARY
lOTH AS AN ELECTION ISSUE FAILS.
CLERK: ORDINMCE PASSES OR THE COWK:IL BILL PASSES , AND IT NEEDS TO BE
PUILISHEO IN THE PAPER •...
VM DYkE: YES
CLERK : l'HUISIMY? *Y I ASIC TH£ CITY AnOM(y IF 11 SHOUlD 8£ NUMBERED 46
FOR PUit.lCATION? OR DO YOU WANT IT
rn : J ·o 1 ou us ,).
ITT : T lO I . •
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HABENICHT: YES SIR.
DEWITT : OKAY, WE'VE GOT ANOTHER ONE.
VAN DYKE: THIS WAS NOT SUPPOSED TO BE A LATE NIGHT! ;J
CLERK: OH, I DON'T MIND THE LATE NIGHT, I'M JUST CONFUSED .
VAA DYKE: YOU' R£ NOT ALONE
HABENICHT : I THINK A LOT OF THIS IS BECAUSE WE 'RE ~INC SOH£, WE 'RE SUBMIT -
TING QUESTIONS TO THE VOTERS THAT ARE CHANGING THE CHARTER, ANO I
THINK THAT MY ON£ Of THOSE DECISIONS TAKE, WE 'RE DOING THEM IN
VERY RAPID ORD£R WITHOUT N4 AWFUL lOT OF FORfTHOUGHT All) STUDY, ANO
WITHOUT IICLUDING TH£ PEOPlE IN THE STUDY Of THE ISSUE . All) I
THI THAT 'S WHY IT'S IECOM£, WE 'VE RAISED ISSUE 0 CONTIIOV£RY .
TH£REFoa£, I ASK THAT TH ClERK REAO CCUCil Bill NO . 46 .2 -IS
THAT RIGHT?
ClE IS THAT T YOU WISH , • HAICIICHT , 46 .Z
ll
CL
OUII T
TO en .
ITJ lO
vii -
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COURT HAVING DECLARED ANOTHER CITY'S THREE YEAR RESIDENCY REQUIRE -
MENT UNCONSTITUTIONAL.
HABENICHT: RIGHT. IS THERE A .3 TOO?
HATHAWAY: 46.2 I HAVE ALSO LEAVES THE AGE REQUIREMENT AT 25.
HABENICHT: RIGHT . AND I BELIEVE WE JUST HAD A 46.1 AND A 46 .2.
DEWITT : YOU HAVE A 46, A 46 .1 AND A 46 .2 .
HABENICHT : WOULD YOU HELP REMIND M£ OF THE DIFFERENCE BETV£EN 46 AND 46 .2 .
CLAYTON: 46 DOESII 'T HAVE TH£ ADDITIONAL CCIIIENT AIOUT TH£ IIKCINSITUTIONALI -
TY . 46 MD 46 .Z lOTH LEAVE IT AT ZS.
HA8Ei IHT : 46 .Z TIO, I CU(SS .
CLE 46 .Z. OkAY .
v 0
' I
Cl •r lt£AO T
I .
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CLERK : READ COUNCIL BILL NO . 46.2
COUNCIL BILL NO. 46 .2, INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE
CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON JANUAYR 30 , 1990, PRO -
POSED AMEfOIENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND
RESIDENCY REQUIREMENTS OF M£MBERS OF TH E CIT Y COUNCI L AND DECLARING AN
EMERGENCY .
COUIICJL NEIIIO HAIOICHT liMO, -IT MAS SU.O, TO APPIOYE 011 FIRST READ -
I. COUIICIL IIU •• 41.2, SOlES OF ltlt.
CLAYTON : SECOfll .
HATHAWAY : YOUR lOOt , I WOULD JUST STA TE THAT I WILL BE OPPOSI THIS ONE FOR
ICHT :
TH( REA$011 l*T I STATED 8£FOR£ -THAT I DO 8£LJEVE TH AGE
REQUIR NT DOES INDEED NEED TO 8 CHANGED FROM lS TO ll AND THIS
DO£ . 'T AOOMSS THAT .
• l 0
J . T
TO
Nl
HA T A A
TN R BI Ll
OT J
r
Of
I .
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HATHAWAY: MY SUGGESTION ON THIS WOULD HAVE BEEN THAT YOU HAVE THAT ORDINANCE
DRAWN UP THERE OR DELETE SOMETHING FROM ONE OF THESE ORDINANCES
INSTEAD OF INTRODUCING 46.2 WHICH DOESN'T DO ANYTHING FOR THE AGE .
IF YOU DO INDEED WANT THEM AS TWO SEPARATE ISSUES . THIS ONE
DOESN'T HAVE THEM AS TWO SEPARATE ISSUES -IT STILL HAS THE AGE AS
25. SO IN ESSENCE THEY ARE VOTING FOR CHANGING THE RESIDENCY FROM
THREE TO ONE AND MAINTAINING THE AGE AT 25 . IT 'S STILL TWO ISSUES
ON THE SAME BALLOT QUESTION.
VAN DYKE : All RIGHT . II£ HAVE A III)TION ON THE FLOOR . I HAVE TO IWCE A STATE -
NEIIT 101 UNLESS liE WANT TO GO AHEAD AND VOTE TO GET THIS ONE OFF
THE FLOOR. WOULD -ANY OE DISCUSSION ON THIS?
HATHAWAY : SHE 'D HAVE TO WITJOWI IT. I CANT , I DIDN 'T DE IT OR SECOM> IT.
SH£ I D HAVE TO ., I TIOWI IT.
VAN DYKE: WHO IMS TH£ SECCII)? llll. ALL RIGHT, lET 'S VOTE 011 THIS TJOII
ClE
V D
FIVE AYES , TWO -.vs · tOUICil
KOZACEl .
I ' GOI 0
A lint ST
A TAT
POSIT I
R HATHAIMY M1> C
It£ • I 'l lr I T I ll
I .
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VAN DYKE: I WOULD liKE TO STATE THAT I THINK EACH AND EVERY ONE OF YOU ARE
lAC
ITT :
INTENDED TO 00 THE BEST POSSIBLE THING YOU CAN TONIGHT PARTICUlARlY
CONSIDERING THE TIME ElEMENT IN GETTING EMERGENCY ORDINANCES PASSED
SO THAT liE CAN MEET THE DEADliNE OF THE JANUARY 30TH ElECTION .
YOUR INTENT IS GOOD. THE PROCESS THAT WE'RE USING IS NOT GOOD AND
I THINK IT'S SElF DEFEATING. liE' RE CREATING SOME PROBLEMS WITH
WHAT'S BEING PUBliSHED, IIE'YE GOT THREE OR FOUR ORDINANCES NOll THAT
REAllY AREN'T GOING TO BE APPliCABlE THAT ARE GOING TO BE PUBliSHED
IN THE NEWSPAPER BECAUSE Of THE FACT THAT THEY 'RE NOT GOING TO DE -
lETE THE SPECIAL ORDUIMCE REQUIRDOT Of HAYING UIIMifOIS SUPPORT.
I'D liKE TO RECONNEID AND I KNOW YOU 'RE NOT TOTAllY ENTHUSED ABOUT
THIS, THAT WE DO TAKE THE TIME 101 -WE 00 HAVE M ElECTION POTEN -
TIAL NUT NDV£N(R, WE CAll SCHEDUlE A SPECIAl ElECTION, I KNOW THAT
WE ARE, fWfY TIMES, ACAINST PlaiDUii THE ElPOIDITURES FOR THESE
SPECIAL El£CTICIIS. IUT I THINK ME NEED TO SPOID SOME T1 THAT 'S
NOT LATE IN THE EYENUIC , I TMINK ME ED TO S~ aE TJ DIS -
CUSSING THE PROS MD CCIIS . MD I MOUlD liKE TO OICOUIWi£ YOU TO
.lNG TMIS PAOCESS, THIS llftDDUCTIV£ NOCESS TO M 00 THIS EYE -
Ill • All) THAT 'S NY SUCC(STIC»>.
YOUit , I '0 ll TO }
SEC
TO TO I .
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VAN DYKE: All RIGHT. WE HAVE A II)TION TO RECONSIDER COUNCIL Bill NO . 4B ,
WHICH IS ONCE AGAIN THE HEALTH INSURANCE COUNCIL Bill TO BE PUT ON
THE ELECTORATE FOR JANUARY 30TH.
CLAYTON: I SECOND IT.
BYRNE: YOUR IOI)R, I HAVE A CCMPtOIISE IDEA THAT I '0 BE WilliNG TO GO
ALOIIG WITH . ORE OF THE THINGS, ONE OF THE COMPLAUns I , I
ntl• IT MAS AT A CCUICIL N:£TING AIOUT THE -AI-SS OF, THE
MYOR FOR EIMPLE &ElTING LESS Ill CONPOISATJC. FQ THE CITY THM
SON: f01£RS OF CCUICIL, EVDI THOUGH THE MYOR HAS SIGJIIIFI Tl
MORE R£SPOIISIIIliTI£S ~ A R£5ULAR
SEE THAT SME FAI SS ISSU£ Ill T£
R Of CCUICIL. AH ,
Of PEOPlE litO C Cit TO
CCUICil Wlnt OUTSIDE JOIS litO ARE TIRED AMl litO DO _,T ED nt£
IOICAL Ml) DOfTAl , SO I WOULD OFFER AS A POSSI . T'tMT AOO £: CCUICi l PERSCIIS CHDOSJ T TO OPT
FOI I CAL • COIR£CT
CIT .
OUIV
T J
• I l T
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OlAC£K: NO, I GUESS I CAN'T, YOU KNOW, IF YOU WANT TO DISCUSS THAT AS FAR
AS AN ALTERNATIVE, BUT I'M OPPOSED TO THAT FOR THE FACT THAT
THERE 'S SEVERAL FAMILIES Nil BOTH PARfNTS WORK Nil, WEll , THEY HAVE
THE OPTION OF INSURANCE ON ONE OR THE OTHER, Nil NOBOOY ELSE THAT
I 'VE EVER ICIIOWN OF GIVES UP THE CCMPfNSATION Nil TRYS TO BALANCE
IT. YOU ICJOI YOU CAlli ARGUE THAT THE MYOR, MYOR PRO TEM BOTH AD -
DITIOMI.. SALARIES MD STUFF ALSO . All THIS IS IS INSURANCE
PACKA&E. IT 'S NOT PUTIING DEY IN YOUR POCKET . YOU HAVE, IF YOU
IWIT IIISURMCE YOU MIGHT BE SAVING SCME DEY WHERE OTHER MEMBERS
THAT HAD PAID INTO OTHER POLICIES ARE BENEFITING THOSE POLICIES
AS THEY RETIRE MD STUFF . THIS IS NOT A PERK AS FAR AS PUTIING
fOlEY INTO ONE 'S POCKET. THIS IS ITifN AS YOU REQUESTED DOWN TO
COllltll NENERS CIILY, NOT FNIIILY, SO THAT 'S EQUATED OUT •••
8 THAT 'S NOT THE REQUEST THAT I MOE .
0
Cl
STMTED TO ltfSPCIIl .
OkAY , L 'S GO
MEIOIENT.
, IF
T TO
STEP , ERICA , 0 YOU PUT THAT INTO A TJ
IT ••••
y • •
•
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VAN DYKE : WAS THERE A SEC(lfl)?
CLERK: YES ••••
CLAYTON: I SECOND IT.
CLERK: ...... CLAYTON DID . OICA1 .
VAN DYKE : All RIGHT LET 'S VOTE TO RECONSID£R.
CL E S£YEJ AYES .
D E: fllTUil PASSES TO R£CONSID£R COlKIL IILL tiD . 41 . _,., ERICA WOU LD
YOU lll£ TO N«£ A fllTICII TO MOl) COlKIL IILL tiD . 41 .
0 I T A IUIIITE TO DO THAT ,
D DO STill TO TO Al l TO TO C ll
IS n ?
1n: s.
Cl A 0 0 IT TO TO
I •
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•
HABENICHT: SECOND
CLERK: SEVEN AYES.
HATHAWAY : BEFORE fit. BULLOCK SPEAKS, MY I MKE ANOTlfER C(Jit[J(T? ONE OF THE
COMMENTS THAT I'D LIKE TO fWtE IS THAT I DON 'T CONSIDER A MONETARY
CCMPEIISATION A GOOD IDEA . BECAUSE EVEN IN TlfE STATE PlAN WHICH IS
BEING PAID FOR BY CITIZENS LIKE YOU All> I , IF A PERSON DOES NOT OPT
TO TAKE INSURANCE TlfEY DON 'T lifT MY MONflARY C(JWfMSATION THEREOF.
NfY PtUVATE FIMS THAT I 'VE HEARD Of DOES NOT GIVE YOU MY MONETARY
CCMPEIISATION T1f£R[Of IF YOU D£CID£ TO CONTRACT All> NO T TAKE IN -
SURMCE. I DON 'T 0111 WHY VE SHOULD BE NfY DIFfERENT. NOW I AGREE
TH£R£ IS saM: INEQUITY llf T1f£ FACT THAT T1fE MYOR Nil MYOR PRO TO.
MIGHT 111)[£0 REALIZE A UTilE BIT tiJRE BOI£f1T OR THAT A COliiCIL -
MICHl l£t£1V£ FIT TIWI T1f£ M YOR OR MYOR Ptr> TEM,
IUT 0. THAT Vlllt THAT IS THAT TO tMKE ntiS OR -
01 E TO fi£0Pl s E AS POSSI £, IT EDS TO 1£ STATED
THAT IT 'S TH£ FIT AVA I TO All RS -
ll T
F IS,
T
l 'l I .
•
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ISSUE IS.
CLAYTOtll: YOUR HONOR, I 'D liKE TO SPEAK JUST BRIEFlY TOO . THE ISSUE IS NOT
CCiftNSATIOtll. THE ISSUE OF INSURANCE IS OtiiE Of SHARED RISK . IT'S
A REAliZATIOtll THAT THE GROUP Of PEOPLE GEHING TOGETHER CAN ASSIST
EACH OTHER IN S(Jt[ FOIIII OF RISK SHARING. WHEN YOU BUY FIR£
INSURANCE, YOU DON 'T GET flllt£Y BACK IF YOUR HOUSE DOESN 'T BURN
Delli. SUULARilY YOU AREN 'T PEIW.IZED IF YOUR HOUSE DOES BURN
Delli AIIJ YOU, YOU ~VE INSURANCE TO ltfBUILO IT . I THINK THAT THE
WHOlE INT£NT AIIJ PURPOSE Of ~VIlli HEALTH INSURANCE FOR COUM:Il
NEMER$ IS TO ASSIST Tli)SE Of US WHO fUGHT IEC(M[ Ill OR
AIIJ ED SONE ASSISTA~-E TO HEL' US OITAIN SATISfACTORY
T TO NOW I D£ US WITH MJD IT I CIMl flii)S. AIIJ Tttl
~T TO ~T IIITO SORT Of CDftJISATJCII ISSUE IS TO CLOW
E NtJIOS( OF I £ ITS fiUIIIOS£ ICH IS
TO 10£ fCII ICAI.. IE • T T
TO
OfUSDQ .
T'S
H .
T
ISTJC, lilT
0
T
T
OF t •
• J I --
,
•
•
• •
WHAT YOU'RE EXPERIENCING TC*IGHT IS WHAT THEY CALL IN BASKETBALL A
FULL COURT PRESS, AND I JUST REGRET THAT YOU WERE UNABLE TO ATTEND
THE STUDY SESSIC*. I THINK, YOUR ISSUE OR YOUR CONCERN ABOUT THE
MAYORAL ClltPENSATIC* CERTAINLY IS VALID . I HAVE NEVER HEARD THE
MAYOR EXPRESS ANY CONCERN IN THAT REGARD. BUT YOU DO HAVE A VALID
POINT, AND I THINK THAT'S, THAT'S SCJtfTMING THAT NEEDS TO BE DIS-
CUSSED. BUT PROBABLY NOT TC* I GHT. THE REASON THAT I SAY THAT IS
THAT WE ARE AT A UNIQUE TIM£ WHERE WE NEED THE SUPPORT OF SEVEN
P£0Pt.£ USIMG THE VEHICLE Of M EMERG£11CY RESOlUTIC* AND WE HAVE TO
DO IT TOIUGHT All) IT HAS TO BE SUPPORTm BY THE TWO NEW MOilERS
CCJU 011 AT THE ll£XT ~ETJMG . AND IT R£ALL Y IS A UNIQUE TINE FOR
THE VOTE TO BE GIY£11 TO THE P£0Pt.£, OR FOR TH ISSUE TO BE GIVEN TO
THE P£0Pl£ FOR A VOTE. I THI , I nil IT 'S IMPORTANT, THEY
HAD TO SCAt£ IACIC TOO • I IW> M AWFULLY LOT Of THINGS FOR SUG-
liESTICIIS DUal
I£ST All) IT
OUR DISCUSSICIIS TO ATTACH TO THIS, All) RITA SAID IT
UCJCm BY TH£ IIMYOR THAT 'S THI TO BE
SAID FOR Sl I CITY, TO l££P IT CL AS POSSIB E
TO A YES Ol 10 0 Y I£ST
ST OF I '" T, I HOPE YOU DOII 'T FEEL I '" PI •
0U AT l.
l l. • l THI l ' on
l THIS FAll •
c IL I T I OUT ll I . •
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HATHAWAY: NO.
BULLOCK : WELL, I GUESS THERE ARE OTHER AVENUES THAT ARE CURRfNTL Y BEING CON -
SIDERED BY THE PUBLIC Afl) AlTHO ••.
VAN DYK£: All) BY THIS COUNCIL TO ADDRESS ••.
BULLOCK : YES , All> BY COUNCIL , All) ALTHOUGH IT 'S JUST THAT RIGHT NOW WE 'RE AT
A VERY UNIQUE CROSSROAD WHERE WE CAN PRESENT A CLEAN, VERY CONCISE
ISSUE TO THE PEOPlE, All> IN MY VIEW, Afl) I EXPRESSED THIS AT THE
STUDY SESSIOif, I BELIEVE TIRlUCiH THE TREM£JIJOUS VOTE THAT WAS EX -
PIESSED IN SUPIQtT Of lOTH ClYDE All) MYSELF THAT THE PEOPLE HAVE
AlREADY SPCIKEN All> I THI• THIS IS JUST GOIMi TO BE All ECHO .
IY CICAY , -FiliAl llUMi I '0 LIK£ TO SAY IS THERE IS STILL lOOPHOlES
IN THIS . W CM VOTE OURSELVES SSOO CAR ALUIMCES IT U •••
YOU'll AlSO HA TIM Ml) CLYDE IN HER£ AS Of JAIUR Y ITH J 'It
SUR£ II)T GOI TO VOTE .f(ll SSOO CAR AlLOIWIC S •••
Y _ IT COUlD STilL I( S ·l JUST ll IT 'S 6 1
t RTAI . Y TMIS
c.
TO
A LOT
I . •
-
•
•
-
DISCUSSION AND THOUGHT. I WOULD SUGGEST THAT THOSE ARE OTHER BAT -
TLES FOR OTHER DAYS.
BYRNE: WELL, I •.••
VAN DYKE: DO YOU HAVE AN MEJOIIOO?
BYRNE: NO. I JUST HAVE A FINAL REMARK. GIVEN THAT THIS ISSUE WAS SO IM -
PORANT IN THE LAST ELECTION AND GIVEN TIM'S COMMENTS ON IT, I WILL
CHANGE MY VOTE TO RECONSIDER AND VOTE YES SO THIS WILL GO TO THE
PEOPlE, BUT I STILL HAVE THE CONCERNS THAT THE PEOPLE WILL VOTE NO
All) THIS COUNCIL WILL COOIM.IE TAKING All THE HEALTH INSURANCE THEY
WMT PlUS ADDING ADDITIONAL DIX.LIENTS IF THEY SO PLEASE.
HABOIICHT : YU ..... I, ERICA, I ICJOI YOU DIDN 'T HAVE TH£ BENEFIT Of BEl
AT THE STWY SESSION All) THOSE WERE AlSO EXPRESSED DURI
THAT £T lNG All) TH£ all$00 IS I THE CCJIIII noT Of COUNCIL
TO READ IT THE WAY IT IS IIOT TO READ Ill THI THAT ME 'T
THERE . YU fiOIIfT IS lL TAlC , THAT ou
DIDif 'T HAY£ THE 8£1 FIT Of THAT DISCUSSION . I THI OU 0 HAY
f£L ABOUT IT .
l J S, E I • I lOTH TIN 'S C T l
A lAO l • I .
•
• •
THOSE AVENUES. I 'VE FELT THAT FROM DAY ONE THAT I 'VE SAT UP HERE.
SO CONSEQUENTLY IF I INDEED COME IN HERE AND SAY WE SHOULD VOTE FOR
SSOO AllOWANCE , I WOULD HOPE THAT THOSE CITIZENS WOULD HOLD ME AC -
COUNTABLE FOR THAT DECISION AS WELL AS ANY OTHER DECISIONS I WOULD
MAKE FOR THEIR B£HALF . IF I CAIII'T BE ACCOUNTABLE IN THIS POSITION ,
THEN I DON 'T DESERVE TO BE HERE AND I 'M SURE TH£ CITIZENS WILL BE
THE FIRST ONES TO TELL N£ THAT.
DISCUSSION ABOUT WHO MOVED TH£ ....
ICOZACEIC : THE fi>TION WAS ALREADY VOT£0 TO RECONSIDER . I MOV£0 TO RECONSIDER ,
lilT IT 'S tiOT MY 'I>TION ON THE FLOOR D . IT 'S THE ORICiUIAL fi>TION
ON THE FLOOR .
VAN DY E: GUY, ED A D£R .
CLA IT 'S ON FL
IC
T I
rn: ll Ill
• I ll ILL I .
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~--~------------~-----------------------
HATHAWAY : I'll SECOND IT.
VAN DYKE : PLEASE VOTE.
CLERK : All VOTES HAVE BEEN CAST. LET THE RECORD SHOW SEVEN AYES.
VAN DYKE : THAT SHOULD ~E FOR AN INTEREST BYLINE . ANYTHING ELSE?
CLAYTC.: YES, YOUR tOOt, I'D JUST LIKE TO CCIItEJIT THAT I GET THE FEELING
THAT ERICA WOULD LIKE TO REJCWE POWER FD CITY COUNCIL FD 001
c
IT 'S JOB Nil I 'D LIKE TO QUOTE TO HfR r THE CHARTER : •ciT
SHALL HAVE ALL POIKRS , f\IICTIC.S, RlCiHTS Nil PRIVILEGES IN TH
OPUATIC. Of ~ ... ICIP nv• OKAY FIRST, •PURSUMT TO ITS PROVI -
SI All) SUIJECT Y TO TH£ lUUTATI lfiiOS£0 I STAT CC.-
STJTUTIC. IY THIS CMUT£1 L POIKRS Of THE CITY SHAll VESTED I
ELECTED IF CHOOSE TO I lt£AS U 'R
Y A&ITHOIIZ£0 TO DO THAT IY T If
IZED I T T'S
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CLAYTON: ARTICLE I, SECTION 3 AND 2.
HABENICHT : I HOPE I DIDN'T IMADVERT£NLY REMOVE FROM OUR ELECTION AN ISSUE THAT
IS OF GREAT IMPORTANCE TO OUR CHARTER IN LINE WITH THE STATE LAW .
VAN DYKE : WOULD YOU LIKE TO MAKE A fi>TION TO IIICLUD£ THE RESIDEIICY CHANGE TO
BE CONSISTENT WITH STATE STATUTE?
HABENICHT : I WOULD CERTAINLY LIKE TO DO THAT , DO THAT IN SUCH A WAY THAT WE
COULD HAVE IT PASS UIIMTfllUSLY SO THAT WE SO WE AREN 'T PUBLISHING
AII)TH£R ORDINMC£.
VAN DYKE : RITA, WOULD YOU SUPPORT THIS?
Y: Al.CIIC THOSE SME LiliES, DID WE MJT lll)(m, I THI T
S£ 'NO, Ttlt£E ORDI ES CM£ UP r• THE FIRST PLACE T FACT
THAT I REQUESTm A DISTRICT CUT JUDiiiNOfT . • DOlin 010 I m
S£ A lffiER TO An Y RAL 'S OfFIC REQU(STI
C lfJCATI THAT THAT 0 T C
Tl 0 PUT STI T
IT '
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HATHAWAY: RIGHT, CAUSE IT 'S NOT GOING TO BECCIIJE AN ISSUE UNTIL AN ELECTION
AGAIIII. HOIIEVER, I DO WANT TO MK£ SM: SORT Of COMMITMENT TO GET-
TING THAT CLARIFIED FOR THE NUT GROUP Of CAIIIHDATES WHO£VER THEY
MY BE, WHO RUN IN 1991. THAT WAS ..V INTENT IN THE FIRST PLACE.
IT IS AlSO TO HELP RESOLVE THE QUESTION THAT 'S BUN RAISED BY ONE
OF THE CMDIDATES THAT RAN THIS YEAR -WHAT IS III>EED THE REQUIRE -
NEJfT . IF liE CAN GET THAT BY VIRTUE Of A RULING F!Ot THE ATIORNEY
G£11£RAL 'S OFFICE, THEN liE DON 'T EVEN NEED TO PUT IT TO A VOTE OF
THE PEOPLE. I THUIC WE CLARIFIED THAT BEFORE , THAT liE COULD PUT AN
ASTRICK IN THE CHARTER , STATING RULES UNCONSTITUTATIONAL .
HAIDUCHT : THAT BEI..ci THE CASE , THEN I FEEL CCIIJFORTABLE WITH THE SITUATION .
VM DYkE : MY IIJR£ fiJTJCitS, MY IIJR£ ORDIIWICES?
KDZACE :
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Dec .. ber 18, 1989 -Page 6
•
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ONE, IS "ttl WE SlLTI rill S. 9FllfE HIGHER DENSITY RESIDENTIAL DISTRICTS 8c s £/'11£/lre //
FROM THE Ill£ SINGLE AND TWO-FAMILY RESIDENTIAL DISTRICTS IN TERMS OF THE WAY
WE REGULATC:. MB lNE PAUl~Y R£ASON FOR THAT IS THAT IN FOR INSTANCE THE R-3
OR R-4 ZONE WIIICH ARE THE MULTI-FAMILY REflDfWTIAt:-DI"flitiCT, -'t6tf-At:S& AllOW
HO!PIT~l~, CliNICS, SOME PROfES~-sg TNEV N££9 A DIFFERENT KIND-OF
REIULATJ8N lHAN IF-TNEY WEM-A STitA18HT SINil£ fMH.Y ZONE. THE SECOND MAJOR
REC(JitENOATION IS THAT-~ JOINT ID SIGNS 01~ "At I~ 1s~1 ~~ffH ISSY£
/ :rr'.5 li:~UiN-USUE. l 'At{ WA'f '""' ~ REC(JitENOED THAT IT ..... £ I Dt:DJH~ ma J'.{ ,,t ~'~~ts ~T AR£ ~~ TWO OR fiDRE:~~(
E&H6-lMrME-~ PROPERTY OWNERSr Tit~ I Iff TCiflliEA a:t . H
Olff T SO WHY M»T AllOW
OPfN UP FOR QU£STI Of ll
WOULD REFLECT ALL THE BUSI -
AUTN£TI C IMPI\CT IS
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1. Call to Order
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DIILEVOOD CITY CCUICIL
DIILEVOOD, ARAPAHOE COliiTY, COLORADO
Regular Session
The regular .. etlng of the Englewood City Council was called to order by Mayor
Van Dyke at 7:40 p.•.
Z. Invoc ation
The nvocatlon was gtvtft by Council Melber Koltay .
3. Pledfe of Alle,tua
T PI or All 1 td by M1 or v n 0
4 . 11 Call
p nt : Co 1 lt Yt Ol
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•
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Absent: None
A quorum was present.
Also present :
5 . IUnutes
City Manager Fraser
City Attorney DeWitt
City Clerk Crow
Director Wanush, Ca..unity Development
Director Winkle , library/Recreation Se r vice s
Director Fonda , Ut 111t 1es /WWTP
Directo r Barth la.e, ~i n ist rat i v e Services
(a ) CGIIICIL ._. UZKEit IIMD, -IT 11U sa:a.D, TO APPIOYE THE
IUIIITES Of' THEIUUIAI IUTI. Of' KC~ 4, 1M .
~ts :
Nay s:
Abt
tt ( 1"1"
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Council Mtllbtrs IColtay, Hath aw ay, ICozacek, Byrne,
Habenicht, Clayton , Van Oyk
Non
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I . •
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 2
•
• •
(a) Tamara Lyon, Englewood High School, was not present as scheduled.
(b) Steve Neyer, Chairman of the Holiday lighting C011111ittee, assisted
by City Clerk Crow, presented ribbons to the winners of the 1989 Holiday
lighting contest as follows:
OLD ENGLEWOOD HOLIDAY
1st 4078 South lincoln Street (Randahl and T ... t Headley)
2nd 4724 South Kal .. ath Street (Patty Flint)
3rd 4301 South bannock Street (Cathy Burrage)
TRADITIONAL /RELIGIOUS
1st 3820 South Galapago Street (lynette Warren)
2nd 3201 South Cherokee Street (Jt• and Bonnie Brown)
lrd 2971 South E .. rson Street (Mr . and Mr s. Dw i ght lath .. and Barba r a)
ANIMTED HOLIDAY
J s t 3270 We s t Grand Avenue (Patr ici a l obb )
2nd 31 15 South Bann oc k Street (Mr . and Mrs . fr anc s J . K ough)
ARTISTIC/8 ST liGHTl
ls 32 47 st P •ltco Av nu (Ja on nd J "~ n)
2nd 4301 outh ltt t Str t (Tho. ru
3rd 4348 outh latt r t
XC PTI I .
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 2a
3730 South Elati Street (Robert and Ann Eldridge
4312 South Jason Street (William P. Neyer)
4303 South Fox Street (Ellen Burns)
4466 South Delaware Street (Tammy Sweeney)
900 West Tufts Avenue (John and Jennifer Pietras)
4990 South Elati Street (Richard Kloewer)
4491 South Bannock Street (Phillip T. Simms)
4640 South Washington Street (Kay and To. Blunk)
4030 South Shenaan Street (Carol Castor-Ekwall)
PARTICIPATION APPRECIATION
3150 South High Street (Ja.es Marlott)
2775 South Clarkson Street (Merle F. Make)
2711 South Bannock Street (George A. Van Vleet)
3709 South &alapago Street (D. H. Spangler)
Mr. Neyer also presented ribbons to lllllbers of Councfl, expressing his ap -
pr elation for their support. He wa s co.pli .. nttd on th success of the 1989
Holiday Lighting contest. Mr . yer shared credit wtth several City loyees
nd various cfttzens for a s s tng hf• tn h s proj t, n ly LuAnn Ml c tl ·
son, J r 11 81 c , Jl vtns , rtrud , Ooro h R n , rl and
Open Oo n , Don and ryl , Sh rrt lly, Connt For n r, and Ot •
'I r .
7 . 1M VhttOP
Englewood City Council Minutes
December 18, 1989 -Page 3
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(a) Eugene Norman, 4239 South Galapago Street, provided Council with
detailed information for a grant to explore numerous directions of thought and
experiments which he felt would be of benefit to mankind. It was explained to
Mr. Norman that the City did not provide sponsorship or funds for private in-
ventions or enterprises.
1 , a>\ ~' c : I
(b) Jerry Greenwald, KWIK-Way Cleaners, for the opportunity of provid-
ing the City with unifonn cleaning services during 1989. He conwnented upon
the dedication of the e.ployees of the City.
(c) Ken Waechter, 3127 West Tufts Avenue, expressed several concerns
about fire services, especially for the Centennial area. He sp ciflcally
asked about the status of th .utual aid agree.ent with Sheridan, the closure
of the Federal Fire Station, the lack of uintenance of the fire equlp~~~ent,
the decision not to purchase th ladder truck, etc . He also inquir d ether
the City Council was considering pr1vlthation bids for rescu units . Mr .
Fraser tnfonled Mr . Wa chter tha t Is hts understanding fro. staff that tha
possibiltt ts lng revt bu tha no d Is on ha
con fWitd
th t 0
Ct
c
0
o r b a prtvat
n d M • Fra r
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 3a
•
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changes; ~he offered to check into the matter in light of Mr. Waechter and
Council Me.ber Kozacek's comments. Maintenance privitization was discussed;
Mr . Waechter felt the City was not adequately maintaining its equipment.
Problems which may arise as a result of the number of employees who have left
the City for a.ploywent elsewhere was discussed.
(d) Alice Allen, 2973 South Santa Fe, Space No. 56, co.mented that the
Fire DepartMnt had responded al110st i.ediately to a fire at their mobile
h011e. She wished to express thanks for this excellent service. She en -
couraged Council to .. ke sure the Fire Depart .. nt continued to have the proper
equip.ent and adequate .. npower to continue providing 11J service similar to
what she had received last July . Mayor Van Dyke assured Ms . Allen that City
Council was very interested in .. intaining the best service pos s ible for the
citizens of Engl..ood .
Ms . Allen also thanked Council for i ts past support of the Ca..un i ty Develop -
.. nt Block Grant, stating her area has bHfl upgraded priurlly due to the
City 's participation in previous grants .
a. ~tcattons and Proc1 tton
ca ton or p ton to
9 .
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 4
c
IT
(a) Minutes of the Board of Adjustments and Appeals meeting of November
8, 1989 •
(b) Minutes of the Career Service Board .eeting of November 16, 1989.
(c) Minutes of the regular Election Ca..ission .eeting of September 26 ,
1989, and the conference call .eeting of October 5, 1989.
(d) Minutes of the Englewood Downtown Develop.ent Authority meeting of
Nova.ber 8, 1989.
(e) Minutes of the Fire Retire.ent Board .eeting of November 2, 1989 .
(f) Minutes of the liquor licensing Authority .eetings of November
and 15, 1989.
(g) Minutes of the Police Retire.ent Board .eeting of December 12,
1989.
(h) Council Bill No . 44 for an ordinance approving the letter of agree -
.. nt bet ... n the City and Central Colorado Library Syst .. to expend
previously awarded federal grant funds.
(i) Council Btll No. 45 for an ordinance sut.ttttng to a vote of the
electorate a Charter ... ~nt changing the effective ti .. for n -
ly elected Counctl
ll ... y IT , TO
t (a) TMlCilal (t)·
Ay : Cou olt y, H Ol C . y
H ntc , Cl yton, Van Oy
,
I
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Englewood City Council Minutes
Dece.ber 18, 1989 -Page 4a
Abstain : None
Absent : None
Motion carried.
•
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COUIICIL MERIEl CLAYTCII MOVED, _, IT MAS SECCII)Q), TO APPIOYE CCIISOO AGENDA
ITEMS II (h) _, (t) AS FOLLCM:
(h) ORDINANCE NO. 38, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER
HABENICHT (COUNCIL BILL NO. 44 ), ENTITLED:
AN ORDINANCE APPROVINCi AN AGREEMENT BETVEEN CITY OF ENCiLEWOOO AND CENTRAL
COLORADO LIBRARY SYSTEM TO EXPEND THE FEDERAL GRANT FUNDS PREVIOUSLY AWARDED
TO THE CITY BY THE COLORADO STATE LIBRARY UND£R THE LIBRARY SERVICES ANO CON·
STRUCTION ACT.
(1) OROI E NO . 39, SERIES OF 1919, INTRODUCED BY COUNCIL ER OL-
TAY (COUNCIL BILL NO . 45 ), ENTITLED :
ORO I E ITTI TO A T IFIEO (l[CTOIS OF TH en Of
• A A TO LO o.
TO CIT Of
Of T ore
_, I
Englewood City Council Minutes
Deca.ber 18, 1g8g -Page 4b
Nays : None
Abstain : None
Absent : None
•
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I •
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 5
Mot i on carried .
10 . Public Hearing
..
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COUNCIL MEMBER HATHAIMY NOYm, All) IT MAS SECOIIDED, TO OPDI THE PUBLIC HEARING
TO CONSIDER I'IOPOSED MIDIIIIOOS TO TH£ EII&LEVOOO IUUCIPAL CODE 1985 RE&ARDING
TH£ SIM COD£.
Ayes: Coun cil ~rs Koltay, Ha thaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dy ke
Nays : None
Abstain: None
MottOft carrttd .
0 r tor Vanush, duly s-•rn, providH proof of publfcattOft of th notice of
pu 1 tc artng .tllch appe ar"td In the Engl..ooct Sentinel Oft Novtllber 30, 1989 .
anus prov dtd n Or'Mt ton con ng t propos .... ndlltnts to t Sign
tc s orporat fnto t
dual
tu
I) I .
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page Sa
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two-famny residential districts in terms of \ha WI) we regulatif l') -~
2) Joint 10 signs ~be permitted when two or more adjacent property owners
decide to have a single sign which would reflect all the businesses; and
; IS two-sided sign is counted; .we are-reco.end
Mr. Wanush responded to questions, advising Council that the proposed amend -
ments had been reviewed by The Greater Englewood Challber of Connerce . The
changes had been sublitted to all licensed sign contractors in the City; pre-
sentations had been .. de to the Englewood Downtown DeveloP~&nt Author ity and
to the Govern.ental Affairs C0111itte of the Englewood ChaMber of COMMerce, and
that favorable respons had been received.
Mayor Van Dyke asked if there was anyone in the audience who wished to speak
concernir19 the proposed -ndllents.
Bob Denny, duly sworn. stated he represented Broadway AllacoJ ,. 2990 South
Broadway. He stated he had been told to t ke dOWt the wind signs in
4 :..t ,..f I
front of his busineu tc h had resulted n a .business loss. He infor.ed
tounetl that h had covnted
not n h n d
r . anus stated that
n ly Pfl"'l tt nor
f n Cod s d c:us
lt th I
or
t s
tch h d
oned b "· De~ny no cur·
l 0 t
th ould
p rt 0 t ri I • •
•
Englewood City Council Minutes
Decelber 18, 1989 -Page 5b
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J
Mr . Denny J
I . •
J n
Englewood City Council Minutes
Deca.ber 18, 1181 -Page 6
No further testi.any was offered.
•
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COliiCJL IEIIIEI HATIWIAY IIOYED, All) IT MAS SECOfi)ED, TO CLOSE THE PUBLIC
HEAl Ill&.
Ayes: Council Me.bers koltay , Hathaway, kozacek , Byrne ,
Haben i cht , Clayton , Van Dyke
Nay s: None
Abstain : None
Absent : None
No tion car r i ed .
(b ) CCUICIL ._. CLAYTC* IIIMD, -IT IMS SEC.O, TO APPIOVt MOI -
DA lTD 10(.) (CGUIItll IIU •• 40), ElrrJTUih
-IIMK£ •· 40 , SOlES Of lilt
M -liMit( --~· TITU 11, CMPTO C, Sltll. It, ~o.GD -ICIPAL
COD( 1•. c•u IEIIEI&SIV£ ••• ••IIIIICE, --. •• M s1• COD€.
Ayes : Counc 1 rs oltay, Hath y, oz c , 8yrn ,
0
s :
Abstain :
t :
err I
Englewood City Council Minutes
Deceaber 18, 1989 -Page &a
11. Ordinances, Resolutions and Motions
•
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(a) Director Winkle, library and Recreation Services, presented a
reca..endation fro. the Englewood Public library Board to adopt 1 bill for an
ordinance approving an agree.ent for library Services between Englewood Public
library and the Arapahoe library District. Ms. Winkle explained this service
would expand the range of library resources for the citizens. The Clerk was
asked to read Council Bill No. 49, entitled:
COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER HABENICHT
A Bill FOR M ORDINANCE APPROVING ACiREEM£111T BETWEEN THE ENGLEWOOD PUBLI C
LIBRARY AND ARAPAHO£ LIBRARY DISTRICT TO PROVIDE LIBRARY SERVICES FOR RESI ·
DOlTS Of lOTH JUit I SO I CTICIIS •
CGWitll llll •• 41, SIIID Of 1-.
Ayts : r s Ko lt ~. Hath • Koza c , By rne,
( ) 01
I . .
Englewood City Council Minutes
Dec-.ber 18, 1181 -Page &b
•
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recoMMendation to adopt a resolution approving the application for a 1990 Com -
munity Develop.ent Block Grant. Mr . Wanush explained the application was for
$454,500 which would allow the City to follow through on two main projects in
which the City has been involved for a nUIIber of years -rehabilitation of
•
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Englewood City Council Minutes
Deca.ber 18, 198g -Page 7
•
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single family housing units {$290,000), and replacing and rehabilitating
mobile home units for WHERE, Inc. ($145,000). He co.mented upon the low rate
of default (3~) which exists in this prograM. He provided information to
Council about the outstanding balance, explaining that $4.9M had been received
from various sources for purpose of housing rehab, and of that total $1. 75M
(35~ of the total) is considered a receivable of one kind or another . Of that
35~. 2ft or $837,000 is receivable to the City and is being returned at an
approxiaate rate of $17,000 annually. Mr . Wanush further explained the pro -
cess of 1 iens, etc. Funds appropriated for adllinistrat ion purposes were
explained .
Counc i l Metlber Clayton requested conft raat t on that none of the units to be
rehabilitated are units owned by the Housi119 Authority, City, or any of Hs
agencies . Mr . Wanush agreed to investigate and report on the aatter . Mr .
Clayton explained he f e lt the funds s hould be used to as si st ci t i zens i n the
Ci t y, not 1 Hou si ng Author i ty fund sour ce .
Mr . Wa nus h stated t ha t t h Urban Ho.e stead Prog ra. wa s not i ncluded In h s
grant request 1s lddtt on1l lnfon~atton ts
to C ty Coun t l a 1 la r 1
ess1ry . Thts will bt pr s nttd
Th t olutton 1 ISs n a n r nd ,.. by t lt :
R UTI . 76 , Rl
A .. Ulf AIJ IT
I .
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Englewood City Council Minutes
DeceMber 18, 1989 -Page 7a
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MUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR A SINGLE -PURPOSE SMALL CITIES
COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROJECT
FOR THE CITY OF ENGLEWOOD, COLORADO, AND FOR ADOPTION OF THE CITIZEN PAR -
TICIPATION PLAN.
COIItCIL MEMBER ICOLTAY MOVm, Aim IT liAS SECOIIDm, TO APPROVE RESOLUTION NO.
7&, SERIES OF 1181. Mr . Koltay responded to Mr . Clayton's question regarding
use of funds, stating he understands that the $290 ,000 is not for rehabilita -
tion of properties of the Housing Authority .
Ayes : Council Me.bers Koltay, Hathaway, Kozacek, Byrne ,
Habenicht, Clayton, Van Dyke
Nays : None
Abstain: None
Absent : None
Motion carried .
(c) City Manager Fraser provfded tnfonutiOft COftCerr~tng th revt of
th half-cent sales tu tr•creas nd no tc of that rev IS called for by
Ordtn nc 61, r ts of 1 • Fr r v
of t 1990 c 11 c nstd r t on
to t Ctty tch net h lf·c t sal ta , , th re or •
wtth 0 tn nc • 61 I 7 .
r H th y cl t
I t t. 0 t
I
Englewood City Council Rinutes
Dec:-.r 18, 1181 -Page 7b
•
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record the following ca..ents from the st1ff 1n1lysis concerning this m1tter :
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 8
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"Due to the City's stagnant economic conditions, the 1990
budget adopted by City Council reflects those conditions in
that all but a •inor portion of 1990 revenues were appropriated
and the revenue associated with the .5 sales tax rate has become
an integral part of the 1990 budget."
Ms. Hathaway wanted the business ca..unity to know that Council is, and will
continue to review this tax.
The resolution was assigned a nu.ber and read by title:
RESOLUTION NO. 77, SERIES OF 1989
A RESOLUTION GIVING NOTICE OF REVIEW OF SALES TAX
COUIICil ..U NATIWMY MMD,-IT liAS Sl~, TO AlfliiD¥£ I£SOWTIC* ••
Engl.wood City Council Minutes
Dece.ber 18, 1989 -Page 8a
Nays: None
Abstain: None
Absent: None
Motion carried.
•
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(d) City Manager Fraser presented a rec~ndation to adopt four sepa-
rate resolutions establishing pay rates for 1990 for the various •anagertal
and confidential e.ployees. He reca..ended for 1990 a 3S wage increase, co.-
.. nting that current salaries for this group of .-ployees are generally below
the -.dian. He rec'-nded wages for the supervisory, unager1al and con-
fidential e.ployees be Increased by 31 with a conco.itant co..it .. nt to fur -
ther review these salaries in 1990 to .. ke certain the City has an equitable
pay plan for this group of .-ployees.
Council Melber Kozacek stated he would be abstaining f~ voting on these i n-
creases as he was not in attendance during the preut .. , discussion concerning
thfs .. tter .
01 cussfon ensued concerning •pay for perfor..nce .•
T firs resolut on s a r ttl
UTI . 78, £Rl£ Of l
A UTI A F I .
Engl..ood City Council Minutes
Dtce.ber 18, 1181 -Page 8b
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SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990 .
I . .
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 9
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COUNCIL MEMBER CLAYTON MOYm, MD IT WAS SECOIIDm, TO APPROVE RESOLUTION NO.
78, SERIES OF 1989.
Counc i1 Metlber Habenicht expressed concern about i ncreu i ng salaries while
revenues are decreasing. She stated she would support the raises, but felt we
needed to continue .onitoring the situation.
Council Metlber Koltay stated he felt the wage increases for the •anagerial and
confidential a.ployees should be in .k~eping .with that increase being offered
e~d"'"m'l -rl"s by Council to other a.ployee~~ wou1d be less confusing to the electorate
~e. who are being uked to decide~ utter at the upc011ing Spechl Election.
CCMKIL ..a lOUAY IIWED, Ml) IT MAS Sla.D, TO ..., SlCTION 1 OF
I£SOWTI• •• 71, SDJ[S OF lilt, IOUCI• THE .. IIICIOS( Fa 31 TO 2.-n .
After extensive discussion, vote results on the .alton to ... nd re :
Ay s : Council rs lolta,y, Hlth-.y il :ays : Council
btrs Byrne , Habenicht, Clayton , Van Dyke
Absta n : Counc il .. ouc
t :
Vot r ul Pel al of so lutt • 71 , r f o J
c tl D I . •
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 9a
Nays:
Abstain:
Absent:
Motion carried.
Council Members Koltay, Hathaway
Council ~r Kozacek
None
The second resolution was assigned a nu.ber and read by title:
RESOLUTION NO. 79, SERIES OF 1989
A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIA L EMPLOYEES OF
THE CITY OF ENGLEWOOD POLICE DEPARTMENT FOR THE YEAR 1990.
CCIUIItiL .... CUYT. IMD, -IT liAS ~. TO APPIOVt I£50UITI. 110.
71, SDI£5 Of 1 ...
CCIUIItiL .... IOLTAY _.., -IT 1MS SU.O, TO ... S[CTI. 1 Of
I£50WTI• 110. 71, SOilS Of 1 .. , N .. I'I:IUK ,_ ft TO 2.7'1 .
olt-.y tattd off r t s •tftdl..,. t for t s rea ons slated
ot ult on t tfOft t
• v 0 I . •
Englewood City Council Minutes
Dece.ber 18, 1989 -Page tb
Absent : None
,... f g..rfl(?\
Motion failed.
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 10
•
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Vote results on approval of Resolution No. 79, Series of 1989:
Ayes:
Nays:
Council ~rs Byrne, Habenicht, Clayton, Van Dyke
Council ~rs Koltay, Hathaway
Abstain: Council ~r Kozacek
Absent : None
Motion carried.
The third resolution was assigned 1 nu.ber and read by title:
RESOLUTION NO . 80 , SERIES OF 1989
A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR GENERAl SERVICES MAN -
AGERIAl All) SUPERVISORY EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990 .
COUIICIL ..,_. CLAYT• IIMD. _, IT liAS SECCIIU, TO APPIOV£ IEsot.UTI. 110.
10. sons Of 1111.
CCUICil ..,_. UlTAY IIMD, -IT liAS su.eo. TO ..., SltTI• l Of
usot.un• •· 10, sous Of 1111, UDUCI M IIICII[AS( fD 31 TO t. 71 .
Aga n, Mr . olt'Y c nted that
a ons h h d p ou ly stattd .
ult t 110 Oft 0 I . •
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Englewood City Council Minutes
Dec..O.r 18, 1989 -Page lOa
Ayes:
Nays:
Abstain:
Absent:
Council Me.bers Koltay , Hathaway , Kozacek , Byrne
Council Me.bers Habenicht, Clayton, Van Dyke
None
None
Motion to ..end carried.
/Ia. cL ._.. t;,'o-t s a;-ncd..J
Council Mellber Koucek -t ~ "'1 e r.1 :a·A y-~ >-"'' , 7~ ~'
'I / .S a. / S <::t ~ r 1 •r
'et''lu .S /H(.Y~i ;~'} ~w.., A e ~.:t-'f ,-u_~t "H"f'~'· Qn't c #e
KOZACEK: YOUR HONOR, ONE OMMENT. MANAGERIAL STAFF IS A LOT HIGHER SALARIED
THAN MY OTHER FOAM --.QTHER THAN THE CITY MANAGER . THAT 'S WHY I
CHANGED MY ABSTENTION TO THAT"'INT. THANK YOU.
YAM DYKE: THANK YOU, MR. KOZACEK . VE HAVE MOilMENT TO RESOlUTION 80 WHICH
REDUCES THE IJIOCENT~ FIDJ 3 TO Z. 7. MY FURTHER DISCUSSION?
VELL , I£FORE V£. YCn I JUST HAVE TO SAY I FEEL IT IS UNFORTUNATE
THAT VE HAY£ TO SINGLE OUT THIS PARTICUlAR MWiERIAl GROUP TO RE ·
liT :
DUCE THE SALARY INCREASE. I F'Ul THAT TH£RE IS A NEED TO SHOW
EQUITABlE ADJUSTMENTS HERE, SO I 'M lSAPfiOINTED THAT TH NT
DID PASS IN THAT LIGHT . SO AT TO VOTE ON
R SOLUTION • 80 VITH TH t
l PAIJ ll Ill FOR T£ TO R GISTER D.
r A IOUS VOl T I
c ll R KOZJ"OC Tl , T TO I .
Englewood Ctty Counctl Rtnutes
Dece.ber 11, 1111 -Page lOb
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REFER YOU TO SECTION 37, ~ I WANT TO QUOTE AS FOLLOWS:
I .
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Englewood City Council Minutes
Dece.ber 18, 1989 -Page 11
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" ... EVERY MEMBER , WHEN PRESENT , ST VOTE UPON ORDINANCES , RESOLU-
TION AND MOTIONS, EXCEPT K£ SAHLL BE EXCUSED FROM VOTING ON MATTERS
INVOLVING THE CONSIDERATION Of HIS OWN OFFICI~L CONDUCT OR WHEN HIS
PERSONAL OR FIIWICI~L INTEREst IS INVOLVED."
NOW, YOU KNOW HT I'M T~fiNG ABOUT HERE IS THAT WHEN WE ARE TALK-
ING ABOUT OFFICIAL COIIJUCT, THEft£ WAS AN EXPRESS lOll SET FORTH THAT
THAT COUNCIL PERSall WAS NOT FAMILIAR WITH THE SITUATION SO THEY
COULDN'T VOTE , AND THE THERE WAS A REVERSAL OF THAT WITH RESPECT
TO THIS PARTICULAR ISSUE. SO WHAT I 'M FINDING OUT IS THAT RETRO -
SPECTIVELY MAYBE THE ABSTENTION IN THE FIRST PLACE WASN 'T APPROPRI -
ATE . YOU SEE THE DILEMMA THAT 'S CREATED HERE BY THE CHANGE? THERE
IS A REAL DILEMMA HERE, AND NOW , YOU KNOW, I DON 'T ...
VAN DYKE : WELL, ... DEVITT HAS IMIUGHT UP M INTEREST PERSPECTIVE, c;ARY . YOU
CERTAI Y ftESPOMD ...
KOZACE : YEAH, I WOULD LIKE TO «ESPOMD . THE Sl E FACT 011 TH MOTJOII TO
THAT
Dl C Sl
PUT FORTH, T F TS HAV BEE ED OUT F
I . •
•
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Entl MIIOOd C 1 ty t«MK:11 1111 nutes
o.c..ber 18, 1989 -Page 11a
I'M NOT PRIVY TO THE ENTIRE PACKAGE AS FAR AS ANYTHING ELSE THAT
WAS DISCUSSED IN THE LATTER MEETINGS.
VAN DYKE: MY COUNTtR RESPONSE, MR. DEWITI?
DEWITI: COUNCIL IS TME JtDiE OF ITS MOilERS IN THAT REGARD. REQUIRE,
YOU'D HAVE TO REOPDI THE OTHER VOTES ON THE OTHER ISSUE. DO
TMINK THAT IT DOES RAISE A DILE*A ON TME QUESTION .
HATHAWAY : ARE YOU TRYING TO SAY THAT HE SHOULD HAVE EITHER VOTED NO OR YES ON
TME PREVIOUS II)TJQIIIS TO M£11l? INSTEAD OF
DOIITI : YES .
HATHAWAY : IIISTEAD OF AISTAINIIIG Fa THE PREVIOUS lllTIQIIIS TO M£11)?
DOIITI : YES, THAT 'S ••.
Y: S SEJISE TO
TAt • IUl, IS T C JST , SO
D I . •
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Engl.wood C1tJ Council N1nutes
Dec.-ber 18, 1989 -Page 12
KOLTAY: I 'D CALL FOR THE QUESTION ON RESOLUTION NO . 80 WITH AMENDMENT .
VAN DYKE: IIELL, I THIIIC. AT THIS POINT WE NEED TO GO THROUGH WITH THAT PRO -
CESS, SO LET 'S VOTE OM RESOLUTION NO. 80 .
I
Vote results on approval of Resolution No . 80, Series of 1989 , as a.ended :
~yes :
Nays :
Abstain :
Absent :
Mot ion carried.
t </.c.'?..._
Council Me.bers Koltay, Hathaway , Byrne , Va n Dyke
Council Me.bers Clayton , Habenicht
Counc 11 Me.ber Kozacek
VM 11YKE : flit . DEWITT ?
DEll ITT : NO , 1 .AH
VM DYKE : LL, HAVE A 8JL~ HERE, I'" NOT SUR£ HOW IT 'S ST TO 8 AT -
T£11)£0 TO . I '" OP£l lO ~STUIIS, I '" CERTAI Y T
0 ITT : 0 C S?
c I 'LL f A
I . .
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a''v. ,d~ ~ ~ -=€~ ~ :J ~ a ~.u.:-/. ~
7,'!. '[, • A-LL a .a-t " "'~.-...A:..Cc-;"1 aP-tc-ur ~
/Jtv ~ ~.2 ~
~----;z;JIIi~~!:ai~':7 ..; 7 .?1"'~1..-:.J :i,
t c:&.o1 ~~~ J..,.:..r;;-c_.._ et; ~t £ L ·
--.k ~<-
'r:tAr! .:!'! flu..
i
h a.~cJ-
I
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..
Engl..oocl CitJ Council IIJ1nutes
o.c..ber 11, 1119 -'•tt 1Za
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CLERK : SEVEN AYES. RECESSED AT 9:ZZ P."·• RECONVENED AT 9 :34 P.M. ROL L
WAS CALLED Willi ALL MEMBERS PRESENT •
.J i ("
BYRNE : YES, YOUR HONDA.. I 'D LIK£ TO fi>VE THAT W£ RECONSIDER RESOLUTIOfC NO .
80 , CHMiiiiG TliE !. 7 BACK TO ~-
CLAYTON : SECOID .
YMI DYK£: MY FURTHER DISCUSSION? MR . DEWITT, WOULD THAT MAKE THIS RESOLU -
TICJI If IT IS f'ASSED , CCJI»ATABl.E TO THE TWO PREVIOUS RESOLUT JOfCS ?
ITT : YES .
YMI 0 OISCUSSICJI ? PLEASE VOTE.
Cl
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Engle.ood City Council lllinutes
Decellber 18, 1989 -Page 13
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A RESOLUTION AP~ING A tofWEJCSATION PLM SYSTO. FOR MANAGERIAL AND SUPER -
VISORY EMPLOYEES Of THE CITY Of ENGLEWOOD FIRE DEPARTMENT FOR THE YEAR 1990.
COlii:IL ..0 CLAn• .wED, -IT MAS S£c.£D, TO APPtlOVE I£SOLUTI. 110.
81, SEIIES Of ltlt.
IESOUITI. 110. 11, SEIIES Of ltlt, -.tl• TilE liME IEIEASE FICM 3'1 TO 2.7'1 .
Vote results on the •tion to .eftd wre:
lAys : Council rs Byrne , Habetlicht, Chyton, Ya D e
Abstain: Counc t 1 ......_,. Kozacelt
t Oft t~ -.ftd fa iled.
Vote results on a,pproval of solutton . 81 , S.r es of 1919 :
Ayes : t t , Clayton, Va Dy
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Council Malber Kolhy stated he did not wish the f!11Ployees to perceive his
lttfJII)tS to reduce the percent of Slhry increue IS I refiection upon their
perforunce or abilities. Even thougtl he re1lized these ullries were not to
be covered by the election wage issues, he felt the electonte would be con -
fused by the percentlges being offered v1rious f!IIPloyee groups . He 1lso felt
these resolutions could h1ve been reintroduced 1fter the election to 1•nd
those uhries .
COUftCil ....._r lozacek c-..ted ...,on the lick of willingMss of the f!11Ployees
to 1ccept lG~~Mr PlY so thd levels of service could be .. intlined .
Counc tl ...._r IJ"M stressed the fteed for 1 "PlY for perforunce• pl 1 in
order to tff.ct\vely ,_.rd those IIIIIPlo,..s who 1Ctu11ly O.serve .,re PI .
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Englewood Ctty Council llltnutes
Deca.ber 18, 1989 -Page 12
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Council Mellber Koltay stated he did not wish the t!IIIPloyees to perce ive his
attt!IIIPtS to reduce the percent of salary increase as a reflect i on upon their
perfon.ance or abilities . Even though he realized these salaries were not to
be covered by the election wage issues , he felt the electorate would be con-
fused by the percentages be ing offered var i ous t!IIIPloyee groups. He also felt
these resolutions could have been reintroduced after the election to ltllend
those salaries .
Council Mellber Kozacet ca..ented upon the l ack of willingness of the t!IIIPloyees
to accept lowr pay so that levels of service could be u inta ined.
Counc 1 r lyn~e stressed the ftMd for a "pa.y for perfon.ance• pla n
order to effecthely rd those e.ployees actual ly deserv .are pa .
(e) D rector F CMICU, pre5et~ted a ati011 fn. t Bt -C ty Su r -
cl aftlnt o Ofte d tester at t lt -C ty Wa s
t Pl t b l qu\d t, hac ., t b cider . FOftda
cost o 571 ,500 s
t c •
Englewod City Council IUnutes
Decellber 11. 1919 -Page 1Za
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CCUICIL ..at IIAIOIIatT IIMD, _, IT MAS SECCIIJED, TO APPROVE THE CLEAIIIII&
Of -DI&ESTEI IY LIQUID MASTE -...rT. lilt. • II THE MCUfT Of $73,500.
~s: Council Mellbers Kolhy, Hathaway, Koucek, Byrne,
Habenicht, Clayton, Van Dyke
lays : 11oM
Abstain: None
Absent: 11oM
MottOft carried.
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c:.IICIL _. IIDCB ..at, -IT .S
ITIJI 11(1) Ft1 KTI. AT 1111S n•.
~s : COUIK:t 1 rs Koltay, Hath.ay , Koucek. ByrM,
s t :
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Englewood City Council Ninutes
Deca.ber 18, 1989 -Page 13
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process equiP~~ent needed for the Bi -City W.utewiter Treitment Plint Improve -
ments. Mr. Fondi expliined the idvintiges of idvince bidding for the prepur -
chue of this equiP~~ent iS pirt of the extensive iiiiProve.ents to the phnt.
He stited the totil cost of $757,000 for the four bid iteas is $112,000 less
thin the engineers' esti-.tion, ind represents i good Vilue for both cities .
CCUICIL ....0 CLAYT• IIMD, _, IT MAS SE:t.a, TO APPIOYE THE AWARD FOR
EQUIPIIEJIT .....atA5E FOI PIDCESS EQUIPIIEJIT IEEDlD FOI THE II-CITY WATERTlEAT-
IIEJif PlMT.
Ayes : Council Me.bers Koltiy , Hithiwiy, Kozicek, Byrne ,
Hibenicht, Cliyton, Vin Dyke
Mi,ys : None
Absta n : 11one
Ab t : NoM
t on carried. Cl ayton ca..ented that t Va st ter Treat t Plant has
rec ntly rec ed t Region VIII Beneficial Slladge Tre at t Award fro~~ EPA •
• Cl a,yton crtdlt . Fond a for th s IWird on alf of t C
(f) 0
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Englewood City Council "inutes
Dec.-ber 18, 1989 -Page 13a
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hd.b
pa st several years ~ been very satisfactory .
COUNCIL "O.El CLAYTOII MOYm, All) IT WAS SECCII)m, TO APPROVE THE COIITRACT FOR
MCII-EREl&EIICY, POLICE All) FIRE tiiiFOMS FOI 1990-91 TO IE PROYIDm IY NEVE 'S
tin FOlliS, nee.
Ayes : Counc i l Me.ber s Koltay , Hathaway , Koza ce k, Byr ne,
Habenicht , Cl ayton , Van Dyke
Nays: None
Ab sta in: None
Ab sent: None
Motion carried.
(g) Director Barthla.e presented a reca..endatton fr the
~tnistr a tive Services Oep art..nt to approve by .otton a contract for -laundry and dry cleaning services for 199Cf9l for non--rgency, pol tee and
fire personnel to Puless Cleaners. Ms. Barthla.e explained that t th
t ~r~ IK T"~ C ty union contracts call for cleaning of the untfon~s~by t City . Cos of
tha cleaning tn 1918 and 1919 was approxiNtely U O,OOO ; s est
co t w 11 for J It
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Engle.ood C1ty Council N1nutes
Decalber 18. 1989 -Page 13b
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clause in the contract. She infonled Council that based on an inspection of
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Englewood Ci ty Council Minutes
Dec .. ber 18, 1989 -Page 14
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the fac i l i t i es and equ iP~e nt s he felt Payle ss Cleaners coul d comply with t he
City 's require.ents .
COUNCIL ..U.EI CLAYTCII MOVED, All) IT WAS SECCII)£0, TO APPROVE THE LAUfi)Ry All) ,
DIY CLEMI. SOYICES CCIITUCT FDI 1""1 FDI a-DIERtiEJicy, POLICE MD FIRE
PEl5CIIIn .. IFOMS IIITH PAYLESS CLEMEIS.
Ms. Barthlo. explained further the process followed to esti~~ate the annual
costs for 1990~1. Methods followed to assure the City is not charged for
personal cleaning were detailed . Council Mellber kozacek stated he would be
opposing this award based on the fact there was no penalty clause in th con -
tract and
had reservations about the ff,..s abtlfty to perfo,.. adequately.
Vote results :
Ay.s : Counct1 rs Kolhy , Hath I:J , By""· Haben ic ht ,
Cl~t011, Yan Dyke
Counc t 1 r ICOl
statn :
t :
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Englewood Ctty Counctl Mtnutes
o.c..ber 18, 1t8t -Page 14b
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IOMD R£COIIEIIlATIC. WHICH IS Zl C. .JAIIJARY 1, 1tto, MD UP TO Z1 LATER IN THE
YEAR SULJECT TO THE MEDIM I£YI£V.
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Englewood City Council Minutes
Dece.ber 18, 1989 -Page 15
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Ayes: Council Me.bers Koltay, Hathaway, Kozacek , Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Mot ion carried.
13. City Attorney's lteport
(a) Mr . DeVitt trans•itted copies of 1) Allen Water Treat.ent Phnt
Cease and Desist Order and notice of assess•nt of penalty by the Colorado
Depart.ent of Health ; and 2) Jntert• CERCLA Municipal Settle.nt Policy .
(b) Nr . DeWitt announced that Charles Crt ... Assistant City Attorney ,
had liMn n-.ct •Outstanding Asshtan City Attorney• by his peers In the
Metropolitan City Attorney Association .
14 . al Dhcvssfon
( ) r • c tc
Ma or Oy c t this Is t Ia t off al 1919 Cou
with t c
c 1 h
" I Itt t 0 t t t
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Englewood City Council Minutes
O.C..ber 18, 1989 -Page lSa
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to 1990 and working with the new council .e.bers as well.
(b) Council Me.ber's Choice
( i) Counc i1 ~r Ko 1 lay shted he wished to put to rest two
ru.ors which were circulating. One ru.or concerned Mr. Fraser having received
Sll,OOO additional ca.pensation to facilitate a MOve to the City of Englewood .
Mr. Koltay stated that even though Council is encouraging Mr. Fraser to relo-
cate in Englewood, he wanted it known that Sll,OOO hu not been paid to Mr .
Fraser nor negotiated for . The other ru.or -that Mr . Fraser has applitd for
·~ ., t.. the City Manager position in Aurora, Mr . Koltay asked ~Mr . FraserAwished to
uke a public stat .. nt. Mr. Fraser etllptlatically stated he had not applied
for the position.
(It) Council "--ber Kozacek stated he ~ld like to have h1 ; let -
ter of resignation fi"'OI variCMis boards and c~hslons officially ac cepted.
As a copy of t lett r --s not available , Nayor Van Dyke suggested tt of-
flctall ace t at t first t t ng In January . Cou r ouc
stat is status as a r of t ft rvc c -
r
( r
0 l r t r
J
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Engl ewoocl Ctty Council Minutes
Detalber 18, 1989 -Page 15b
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dA. 1/,;, 1 0 '(
47 s~::g ~ Chuter uendllent rehtive to i11puse elections. He explained
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Englewood City Council Minutes
Dec .. ber 18, 1gag -Page 16
that if approved, the Charter would be amended to require the City 's Financial
5~ s Department to estimate the financial impact of each alternative sin -
gle measure with that information so noted on the ballot. Mr. Clayton felt it
iMportant that the citizens have a clear view of what they are voting upon and
what the iMpact would be. The suggested wording would a~~end Section 137:6
which would then read:
137 :6 IMPASSE RESOLUTION
EACH ALTERNATIVE SINGLE MEASURE ON THE BALLOT SUBMITTED TO AH ELEC-
TION AS A RESULT OF AN EMPLOYEE IMPASSE SHALL INCLUDE A STATEMENT
PREPARED BY THE CITY 'S FINANCIAL DEPARTMENT STATING THE fl IAL
IMPACT OF EACH ALTERNATIVE SINGLE MEASURE FOR THE NEXT TWO YEARS .
The Clerk was asked to read Council Bill No . 47 , tntttltd :
c IL BILL MO . 47 , INTRODUCED BY COUNCIL It CLAYT
A Bill FOR OAOI E TO A VOTE Of lfiED ElECT T
Cl TO • l
0 c 0 JJ
Cl s Y.
IT • TO ,.
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Mayor Van Dyke stated she felt uneasy about supporting this without seeking
more indepth legal opinions and further discussion at a study session. Mr.
Clayton explained that he felt it iiiiPortant for the citizens to be aware of
the financial iiiiPICt the various questions would have upon the City if ap -
proved by the electorate . He further explained it was not his intent to have
the financial iiiiPICt infonaation included on the January 30th ballot, only the
question of whether it should be provided for subsequent i111passe election
ballots .
Council Mlllber Habentcht stated she would be oppos ing passage . She ca.ented
that In her opinion It would ca.pllcate the ballot question. She would prefer
not to ..-nd the Charter plec al and strongly urged a Charter Convention.
Otscuulon tt~sued about the ballot verbafe , and It was clarified that Mr.
Clayton 's lnttnt wa s to Include only a siiiiPle stat t, t .e ., •financial 1 -
p c for 1990 -S n; F nanclal IIIIPact for 1991 -S nt .• There was fur ·
t er d scusslon bou n lud ng t f na al ct data for one year tnst d
0
IT ,TO tTIOI 1Ut6 TO
IIINCT OF PCM Sl
t 1n n to
c ll . u . I
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Ayes : Council Members Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion to ... nd carried.
After further discussion, Council Me.Oer Clayton called for the que stion; vote
results:
Ayes: Council Metlbers Koltay, Hathaway, Kozacek, Clayton,
Van Dyke
Nays :
Abstain :
Absent:
Council "'-bers Byrne, Habenicht
None
None
Mr . DeWitt stated that since this council bill carried an .. rvency clause
requiring unant.ous approval , tt does not pass with ... rvency status; It does
pass as a rttular council bill Oft ftrst ,..Mtng, but the ordtnanc could not
bee effect tv tn tl for lnclusiOft Oft the January 30th ballot . The proper
to nd l c bill Oftd rtM ng w s dl cu s It u
con rwd t t ld publ sh Cou t1 11 • 47 as II t
1 al pu llcat n 0 h (ft9l nttn 1.
ur • ChytOft to th Mr . w t in an f ort to
c 1 b 11 t t th st could In lud 0 utu I • •
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ballot .
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(v) Council Member Habenicht presented copies of Council Bill No.
48, Series of 1989, with reference to Council benefits. The Clerk was asked
to read Council Bill No. 48, entitled:
COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER HABENICHT AND HATHAWAY
A BILL FOR PEOPLES ORDINANCE NO. _, SERIES OF 1989
AH ORDINANCE AMENDING TITLE 1, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE 1985, BY
ADDaNG A NEW SECTION 9 PERTAINING TO COUNCIL BENEFITS, DECLARING AH
EMERG~NCY RELATED THERETO, AND SETIING THIS ISSUE FOR A SPECIAL ELECTION .
COUIItll .... IIUIJIIQif .WO, COUIItll .,_. HATMIIAY KC.O, TO APPlOYE
COUIItll IILL •• U, SDIU Of lMt.
.,
~~~
~ c...lt ~ "11 ~c
-.c"""'--1. Jo...cl c...o I q 8 CJ,.,
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COUNCIL MEMBER KOZACEK MOVED TO AMEND COUNCIL BILL NO. 48 TO INDICATE SERIES
OF 1990 INSTEAD OF 1989.
Ayes: Council MeMbers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion to uend carried .
I 5 • Adjou..,_t
-· .. odjo•'l'od I ~
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CLERK:
DEWITT:
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QUESTION . WHY IS IT CONSIDERED A PEOPLE'S ORDINANCE?
CA E THEY'RE GOING TO VOTE ON IT. THIS IS JUST A BILL FOR AN OR -
SUBMITTING TO A VOTE OF THE PEOPLE. IF THE PEOPLE APPROVE
IT, THE THE PEOPLE WILL BE ESTABLISHING AN ORDINANCE FOR THE CITY
THEY HAVE BEEN USED IN THE PAST A NUMBER OF D IF -
IT'S NOT A VERY USUAL PROCEDURE, NOT SINCE YOU 'VE
CLERK: I REALIZE THAT. I ~UST WONDERED WHAT THE DIFFERENCE IS BETWEEN IT
AND THE OTHER ORDI~S, AND I GUESS IT'S LATE, I HAVE A HEADACHE,
AND I'M NOT All HERE.
KOZACEK : YOUR tOOt, ONE QUESTION. i'NAT WOULD HAVE TO FOLLOW CAUSE IT WOULD
BE VOTED ON JN 1990 INSTEAD SERIES OF 1989, SHOULD THAT NOT BE
AM£NO£D TO READ SERIES Of 19907
DOIITT : YES, THAT 'S RIGHT.
OZA E : 1 SO THAT
Cl TH ORDI E, S RIES OF l TO 19907 IS THAT
RIGHT?
Y P£0P E OROI TO ,
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CLERK: OKAY. THAT'S All RIGHT. AND MS. HATHAWAY SECONDED THE MOTION?
EVE YONE TALKING AT ONCE.
CLERK: I'M SORR OKAY, BUT I DON'T KNOW WHAT YOU SAID.
HATHAWAY: I JUST WANTED TO MAKE SURE · IT WAS EITHER BOTH OR ONE OR THE
OTHER.
DEWITT/KOZACEK: NO, IT 'S JUST ONE .
CLERK: SO IT'S ORDINANCE NO. BLANK, SE~lES OF 19897
KOZACEK : RIGHT .
CLERK: AND IT WOULD I P£0PlE 'S OIDINANC£ NO . 8 , SERIES Of 19907 lS
THAT WHAT GARY 'S T IS?
• COU 'T GO Nl .11
ou 'l HAY Oltt£ OP E'
•
0£VfTT : ll .... • I .
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HATHAWAY: WOULD IT NOT HAVE TO BE PASSED BY THE VOTERS BEFORE IT ACTUAllY
BeCOMES AN ORDINANCE?
DEWITT: THAT'S~R TECHNIQUE FOR ESTABLISHING ORDINANCES ..•
KOZACEK: OKAY
DEWITT : •• BECAUSE IT MAY NOT .••. YEAH, JUST IN THE RETYPING PROCESS FOR
THAT. SEE THAT'S ONE OF THE KEY THINGS ABOUT THESE. OUR OTHER
ONES HAD 1990 ON TREM AND liE HAVE TO BE EXTREMElY CAREFUl IIHEN
WE 'RE DEALING IIITH THESE THINGS.
KOZACEK: WE 'VE GOT IT CORRECTED NOW tF liE VOTE FOR IT.
DEWITT : OKAY. THE OTH£R PART Of IT, lttE 19 1 THIIIt liE CAN SAFELY CHANGE
THAT, AlTHOUGH I THI IT 'S DOllE AUTCNTICAllY, AT TH TOP OF THE
PAG , PAT, UP IN THE UPPER LEFT HAlO CORNER.
HAT Y: ll, I F IT'S PASSEO TONI;Hl •••
CL l • u n • ....
ITT : 8UT IT' T
Cl IT 0101 fl
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DEWITT: YE AND WE USUALLY CHANGE THOSE CLERICALLY TO REFLECT THE ACCURATE
SITU ION THERE. WHY OON'T WE DO THAT ....
KOZACEK: WHY DON'T E CORRECT BOTH OF THEM ON MY AMENDMENT .
CLERK: 48 STILL?
DEWITT : 48 STANDS.
CLERK: 48 STANDS. ORDINANCE NO. BLANK , SERIES OF WHAT?
DEWITT: 90 .
CLERIC : 90 . All) THEN PEOPLE'S ORDINANCE NO. BlMC, SERIES OF 1990 .
DEVITT : RICiHT .
CLE SO GARY 'S M£100T IS TO CHNCE lOTH P\.ACES .
Rl T,
IT .
0 01 U Sf
ICHT :
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KOZACEK: I'LL CAL[ OR THE QUESTION THEN.
CLERK: SEVEN AYES.
~fVo .l
HABENICHT: JUST ~COMMENT. THIS HAS BEEN A DIFFICULT AND CONTROVERSIAL ISSUE
AND Wll~~NANIMOUS SUPPORT OF COUNCIL, AT BOTH THIS MEETING AND THE
NEXT MEET G, IT WILL INDEED, THE DECISION WILL REST WITH THE PEO -
PLE, AND I T~ THAT'S WHERE IT BELONGS. THANK YOU.
KOZACEK: JUST THE COMMENT , 'n DOES HAVE TO BE UNANIMOUS .
VAN DYKE : ANYTHING ELSE? PLEASE VQTE .
CLERK : All VOTES HAVE BEEN CAST . L(T THE RECORD SHOW SIX AYES, ONE NAY
COUNCIL M£MBER BYRNE .
BYRNE : DO YOU WANT AN EXP LANATION Of THAT?
HAT HA. Y: YOU 8 T .
y 'T A
C TRU D BY OlH C IL
nu
• I A THI
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~~~+~d..
~~~.~ wj-ci<.L~ ~d 1? ~~ rh. ~ ~ ~
a.;l--f;iu/J ~':; a-u_d._ ffi..e-~ ~ .~ ~ ~aA-ff-~ ~ ~ -fk, ~-t
~~_)~~ ~ ~U)/
-tJu, ~·
~~~~~~
~~h~~-~~
¥..d.? ir ~CA. ITVl-#-<.-)I ! • 3~ "-
~~~ ~Ac~ ~~.
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~.--Y~~ ~ ~a.-:r ~ ~. +U-4 ~~~ 7
~a-e.~~~.
~~/.~ J~i:.J
~~ ~t£ ~
~a r t -<-n ~d
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~~ 1-~ M:,. " .
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PAS YOU COULD STILL CONTINUE TO TAKE THE AMOUNTS YOU ARE CURRENTLY
KOZACEK : YOUR
VAN DYKE: TERJECT HERE. ERICA, BEFORE WE EVEN DECIDED TO
BY
ADDRESS THIS THIS E NING , AND OF COURSE YOU WEREN 'T ABLE TO BE IN
SPOKE WITH THE NEW C IL MlMBERS CLYDE AND TIM AND GOT THEIR FULL
SUPPORT AND, AS A MATTER FACT, MOST OF THIS WAS UNDER THE OIREC -
NEEDED TO DO THAT CAUSE WE FELT THAT
IF WE GOT THIS COUNCIL 'S AL , THAT WE HAD TO HAVE THEIR AP -
PROVAL IF THIS WAS liOIJC TO GOT A VOTE Of THE PEOPLE . THE UNFOR -
TUNATE POINT AT THIS Tl AS I SE IT IS NOW THIS IS NOT GOING TO
THE VOTE Of THE PEOPlE AND IT'S NO GOING TO BE RESOLV D BY THE
P£0Pl E. I 'M NOT TOTAllY SA TJ SF lEO
WITH TH WAY THIS IS STRUCTURED EITHER, S(Jt THI THAT
TO I REGRET THAT
OU FEl A 0 TO
IT STill C UP I f DON 'T
, RICA, 0
,
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BYRNE :
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VOTE FOR INSURANCE POLICY, WHETHER WE GET IT OR NOT, AND ALL OF A
SUDDEN YOU'VE TURNED TAIL AND SAID "WELL, BY YOUR VOTE THE PERCEP -
TION IS, , LET THE COUNCIL REMAIN WITH THE INSURANCE POLICY EN -
ACTED, I'M lNG AWAY THE RIGHTS OF THE PEOPLE TO VOTE FOR IT BE -
lED THIS TO GO TO THE PUBLIC WHICH YOU HAVE FIRMLY
STOOD ON THIS C IL, GOT TOGETHER EVEN BASICALLY WITHOUT ME PRES -
ENT, SAYS, LOOK, WE HAD A SPECIAL
COMMITTEE TO HAVE THE PEOPLE MAKE THIS DECISION, NOT THE COUNCIL .
AND BY YOU OPPOSING TH S, NOW THE PEOPLE LOSE THAT RIGHT TO GO
THE PEOPLE VOICED THEIR OPINI VERY CLEARLY IN THE LAST ELECTION .
KOZACEK : NOT ON THE DIRECT ISSUE OF WHETHER INSURANCE CCMPENSATION WAS THERE
OR NOT. THE WHOlE ISSUE, THEY WERE T GIVEN THE RIGHT TO VOTE FOR
IT .
BYRN : NO THE MHO(.£ ISSUE WAS COUNCIL VOTING TH~LVES .... AN INCREASE
OZACE TH P08LIC HAD TO 8£ AllOWED TO VOTE FOR IT, NOW YOU'VE TU ED
TAIL •• ·.
IL THAT 'S NOT TH ERICA 010 HAVE A
POSITJ I THI TO
CPT THAT . TI N IU lOC I INTE R ST 0 IN p
IT ' WITHI N T PtiOC , IUT I •
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THAT?
CLAYTON: SECOND .
VAN DYKE: PLEASE VOTE.
CLERK: SEVEN AYES.
VAN DYKE: MR. BULLOCK, PLEASE COME ~ARD.
BULLOCK: I REALIZE IT'S LATE. I HAD 'l.DPED IT WOULD BE MORE APPROPRIATE TO
DO A THREE TO FIVE MINUTE RECtSS, BUT PERHAPS, I SHOULD JUST DI -
RECTLY ADDRESS YOU, ERICA. OUR PURPOSE IN PRESENTING THIS WAS TO
PRESENT THE ISSU£ IN CLEAR, CLEAN, SIMPLE, CONCISE FORM TO THE PEO -
PLE. MD I AGR E WHOLEHEARTtDlY !11TH YOUR COMMENTS JUST NOW, AS
FAR AS THEY'R B I A80UT TO VOTE THEMSELVES FUTUR EMOLLIENTS,
AIIO THAT IS A OIFFERE l IATIL , I
FOUQ4l AT A OIFF(
Off THI AT
£0 I
YOU. IT
IAT •
Tl .
ll
A DIFFERENT IATILE TO B
A GR AT 0£A 0 01 CU
Ell . I 'T
TO
A .
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WERE AT A RATHE~ CRUTIAL POINT IN OUR DEVELOPMENT OF THE ELECTION
COMING UP AND SO FORTH, WE NEEDED A 7-0 VOTE. NOT ONLY THIS TIME,
BUT WE WOULD HAVE A 7 ~0 VOTE ONCE CLYDE AND I CAME ON COUNCIL. AND
WE HAD INDICATED THAT HOULD COUNCIL VOTE 7-0 THAT WE WOULD GIVE
OUR SUPPORT TO THE ISSUE ~EING PUT TO A VOTE OF THE PEOPLE IN ITS
PRESENT FORM IN THE NEXT ELECTION, WHEN IS IT -JANUARY 30TH . YOU
DON'T , YOU WEREN'T PRIVY TO A LOT OF THOSE FACTS AND THOSE DISCUS -
SIONS BECAUSE YOU WEREN 'T THEA~. IF THERE IS AN OPPORTUNITY TO
RECONSIDER OR REVOTE, IT WOULD URCE YOU TO PERHAPS CONSIDER CHANG-
ING (PART OF TAPE IS MISSING, OUE TO ~CHINE MALFUNCTION)
CLERk: OKAY,
BULLOCK : MY*Y, IN ClOSING, I All THREE Of US, IN PARTICULAR YOU,
ERICA , Alii ClYDE Alii I HAV IUN IIIIT£0 ON THIS , MD I JOST LIKE TO
SAY THAT l£li£V£ IT IS IN OUR lEST INTEREST TO SUPPORT THIS AT
THIS Tl I THI THAT HAVIMc TH£ P£0PLE SP£M Vlll ULTIMAT LY
ON THIS PARTI CU I SU£. ENOUGH OU .
HA Y: Al
010 I
THI
T
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YAH DYKE: CAN ONLY SAY THAT I THINK WE'll LOOK AT EVERY OPPORTUNITY
ALTERNATIVE BETWEEN NOW AND JANUARY 8TH TO SEE HOW WE CAN
KOZACEK: YOUR HONOR, I LD fiWE THAT WE RECONSIDER COUNCIL BILL NO . 48 .
HATHAWAY: SECOND.
CLAYTON: IT'S THE PREVAILING SI THAT fiWES TO RECONSIDER, AND I BELIEVE
AS THIS HAS TO PASS UIWIUOJSL Y.
EVERYONE TAllll5 AT ONCE .
YM DYKE : lfl 'S CHEat THE LECAl fiOSITICII C11 THA
IUSY TCIIICHT . WHILE IUCl IS EVALUATII5
AlfYTHI ELSE THAT MVCII( IIIISM£S TO •115 UP
IIIE 'RE KEEPING RICK
QU(STION, IS THERE
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Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 14a
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it was felt a change was necessary. Fifteen vendors were asked to bid; bids
were received fro. three. Of those three, Sunshine Janitorial at $4,100 per
month is the lowest acceptable bid.
COUNCIL 101£1 HATIWMY IIOYED, MD IT WAS SECOM)ED, TO APPROVE A CONTRACT WITH
SUNSHINE .JAIIITOIIAL IN M MCUfT OF $4,100 MOIITHLY, TO PROVIDE .JANITORIAL SER-
VICES FOR CITY HALL, LIIUIY MD POLICE/FIRE COMPLEX FOR 1990.
~es: Council Me.bers Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays : None
Abstain : None
Absent : None
Motion carried .
ll (t ) IHS •vect forward aftd ac ted upon prev i ou s ly . S e
12 . City ter 'S
(a) c t l 0
hllc
" IYI
I . .
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 18
•
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COUNCIL MEMBER KOZACEK MOVED TO AMEND COUNCIL BILL NO. 48 TO INDICATE SERIES
OF 1990 INSTEAD OF 1989.
Ayes: Council Members Koltiy, HithiWiy, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Absent: None
Motion to 1Mnd carried.
Council "--ber Habenicht thanked Council, stating that with the unani.ous sup -
port of Council on this 1ssu~ both at this Meting and the next one in
January, the decision of this difficult and controversial issue will rest with
the people .
Council ...._r lozacek reiterated that approval .,st be unani.ous if it 's to
a~ar on t January lOth Special Election ballot .
Vot r sults:
Council rs ol ay, Hath ay , ou , Ha n cht,
Clayton, V n Oy
ay c en r
Ab n:
t :
I .
-
Englewood City Council Minutes
Dec:...,.r 18, 1181 -Page 18a
•
•
Motion carried; however, due to emergency clause which requires unanimous ap-
proval, Council Bill No. 48 does not pass with emergency status .
Council Metlber Byrne offered an explanation for her nay vote stating three
reasons:
1) she did not want 1 vote in favor to be Misconstrued by other coun-
cil ..-bars as support
2) she did not think this addressed the basic underlying problem which
brought the entire issue up, stating Council could still vote to
increase other e.ollients, and
3) if not passed, Council could still continue to hke the a.aunts
they currently receive for health insurance .
Dhappoint.nt and dhuy over Ms . Byrne's position was expressed by several
council Mllbers.
Council
subject .
COUIICil
"*
r ·tlect lklllock indicated ht wished to speak concerning this
y
AI' s:
IT
TO
Cou n
SlCOMDO • TO D(rtl
I
oz
H n cht, Clayton, V n D
. .,
atn : 1111
t :
-
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 18b
Motion carried .
•
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I . .
Englewood City Council Minutes
Dec .. ber 18, 1gag -Page 1g
•
• •
Mr. Bullock expressed his concurrence with Council Member Byrne's statements
regarding Council emollients. He regretted that Council Member Byrne had not
been privy to the discussions and agreement reached during this evenin~ study
session. If given an opportunity to reconsider approval of Council Bill No.
48, he urged Ms. Byrne's support of it, so the .atter could be decided by the
people at the January 30th Special Election . He assured Ms. Byrne that he and
Mr. Wiggins had both agreed to support the unani.aus passage of Council Bill
No. 48.
After further discussion:
COUNCIL ~EMU ICOZACEI MOVED, MD IT WAS SECCIIKD, TO lECC*SIDEl COUNCIL IILL
MO. 41.
Mr . DeWitt was requested to deten~tne who could properly .ave to recon si der .
Councfl .....,.r Koucek wttlldrew hts .otton pend i ng Mr . DeW i tt 's r evi
(vt) Counctl
4 .1 ardtng res d ncy
as o
A Bill
Cl
Jl 8tl
r Hat hawa y presented copies of Council Btll
requ rt~~tt~t of counc 1 person • T
0 4 .1,
• 4 .l, INTAOOUC 0 BY C ll HAT
0 A
TO LO o. l
TH I .
-
•
Englewood City Council Minutes
Dec .. ber 18, 1989 -Page 19a
•
• •
POSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND
RESIDENCY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL AND DECLARING AN
EMERGENCY.
10
COUNCIL IEJIIEl HATIWIAY ROVm, Aim IT WAS SECONDm, APPROVE ON FIRST READING
COUNCIL IILL 110. 41.1, SEIIES OF 1tlt.
Council "--ber Habenicht stated she would be opposing passage of Council Bill
No . 46.1 as she did not feel co.fortable about lowering the age requirements.
She would support changing the residency requir ... nts . She stated if the two
issues were separated she could possibly support that concept, but she didn 't
think it appropriate to tie the two issues together .
Council Mellber HathMfay responded stating Council Bill No . 46.1 deals with
both issues that are necessary to bring our Charter into confor.ance
with federal CaiiPaign standard s and the State ~stttutton . She felt both
issues nMded to be c lartf t td and should not be cons i dered ~ s eparate l~ •
Vote r sults:
s: Counctl r oltay . Hatha w y, 01 c , Byrn , Clay -
Nay : Coun l r H ntcht
Ab t n: I . •
n
Englewood City Council Minutes
Dec .. ber lB, ltBt -Page 20
•
• •
Mayor Van Dyke announced that Council Bill No. 46 .1 without unanimous support
had passed as a Council Bill but without emergency status ; therefore, it would
not be effective in ti.a to be included as a ballot question for the Special
Election.
(vii) Council "--ber Habenicht stated she wished to introduce an -
other Council Bill and asked the Clerk to read Council Bill No . 46 .Z,
entitled:
COUNCIL BILL NO . 46 .Z, INTRODUCED BY COUNCIL MEMBER HABENICHT
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ~ECTORS OF THE
CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON J~ 30, 1990, PRO -
POSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AC E ANO
RESIDENCY REQUIREMENTS Of MEN£RS Of THE CITY COUNCIL MD DECLARING AN
EMERGENCY .
CGUIICIL
r• CGUIICil I Ill •. 4f.t,
Cou 11
. 46 .2 as she d s belt
to Zl nd thts v rston o
tc ld dd ju t t
llS Of ....
p o C0t.1 11 8 11
ch froa ~5
I . •
Englewood City Council Minutes
Dece.ber 18, 1989 -Page 20a
•
• •
she reiterated she was opposed to tying them together as one ballot issue.
There was further discussion before the vote was called for; vote results :
Ayes: Council Me.ber Koltay, Byrne, Habenicht , Clayton, Van
Nays:
Abstain :
Absent :
Dyke
Council Me.bers Hathaway, Kozacek
None
Mayor Van Dyke announced that Council Bill No. 46 .2 without unani.ous support
had passed as a Council Bill but without ... rgency status; therefore, it would
not be effective In ti .. to be included as a ballot question for the Special
Election.
Mayor Van Dyke ca..ented that she wa s certain that each and every -..ber of
Council wa s dol119 the best they could In light of the tt ele.nt In gett1119
-rgency ordinaftCes passed so they could be lnclYded Oft the Special El tion
ballot; ver , s strongly SUIJ9tsted that t proc s being foll
provl119 to be self-defeating aftd h creatl119 probl
tt to d
Is
ne retular tpal el tOft , or
could be called .
IL TO
t pro
rly tit t
s
0
1)
Englewood City Council Minutes
Dece.ber 18, 1V8V -Page 21
•
• •
-~J . e. wh,c..h ,JD frO Oic£,.
Council Me.ber Byrne offered a compromise IIR111n1n1 •£•• · ~eif tt1 g com -
pensation to those Council MeMbers who opted not to take .adical and dental
coverage. The Matter was discussed with several council MeMbers expressing
opposition to such a plan.
It was indicated that Mr . Bullock would like to speak again.
CCUK:JL ...a CLAYT. ROVED, _, IT IMS SltCIID, TO SUSPEJI) THE IULES TO
'faiT ... UJ.oat TO SP£M TO CCUI:JL.
~e s: Council Mellber Koltay, Hath1w1y, Koucek, Byrne,
Habenicht, Cl ayton , Van Dyke
Nay s: None
Ab sta in: None
Ab sHt : None
ftotton carr ted.
Mr . Bullock concu""*' tn M • lyrM 's cone "" about t po stb ltty tha Coun -
cfl could contht to vot 11 i t ;
pe~rov 1 of C l 11 ••• 1d 1ft t tot Co tJ
c
" l 0
outc o
ld 11 I •
Englewood City Council Minutes
Deca.ber 18, 1gag -Page 2la
•
• •
Further discussion ensued concerning other methods the citizens of the com -
munity can resort to if they feel specific council -..bers are abusing their
powers.
COUIICIL ...0 IIUDIICHT IIOYED, _, IT MAS SECCII)£0, FOI PASSM£ OF COUIICIL
IILL Ill. 41 AS --.,,
Ayes: Council ~r Koltay, Hathaway, Kozacek, Byrne,
Habenicht, Clayton, Van Dyke
Nays: None
Abstain: None
Motion carried.
Councfl .....,.r Clayton quoted fro~~ Sections 3 and 2 of the Englewood Ha.e Rule
Charter .tlich set forth the po~~Mrs of City Counc:tl , c~nting that without
tho s e ~*Mrs there wuld be ftO reason to have an elected Council.
ll adjourned at ll :ZO P·•·
Cl Cl I . •