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Home My WebLink About1990-01-08 (Regular) Meeting Minutes1, Call to Order ENILEIIOCIII CI TT COUNCIL DIIILEVOOD. AMPAHOE COUNTY• COLORADO Regular Session January a. 1990 The regular tNet1ng of the Englewood City Council was called to order by Mayor Van Dyke at 7:42 p.m. 2. Invocation The Invocation was given by Council Me•ber Koltay. 3. Pledge of Allegiance The Pledge of Allegiance was ~@d by Mayor Yan Dyke. 4. Roll Call Present: Council Members Hathaway, Koltay, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Absent: None A quorum was present. Also present: 5 . Minutes Cl tr Manager Fraser City Attorney DeWitt City Clerk Crow Director Fonda, Ut111t1es/WTP Director Stanley, Safety Services Dire,tor Freeman, Financial Services (a) COUNCIL MENIER KOZACEX NOYED, AIII IT VAS SECOlll£D, TO APPROVE THE MINUTES OF THE REIIULAR NEE"WII OF DECENIER 18, 1989, Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Motton carried. 6. Coaents by Exiting City Council Melllhers Englewood C1ty Counc11 N1nutes January a, 1990 -Page 2 (a) Council Member Byrne stated she was honored to serve the c011111Unlty, and she had enjoyed working with the many fine e1111loyees of the City to pre- serve and Improve our residential areas and to keep City government open and accessible to ••ke Englewood a really nice place to live. (b) Council Member Kozacek stated he had been proud to serve the citizens. He felt he had represented the people well, all of the people, not individual groups. He offered good luck to the remaining council llll!lllbers as well as the two new members, stating they had a lot ahead of them. 7. City Clerk Crow read the 11st of newly elected Council Members and Municipal Court Judge: Council Member At-large Tim Bullock Council Member, District II Susan Van Dyke Council !'ember, District IV Clyde E. Wiggins Mun1ci pa 1 Judge Louis J. Parkln $On The newly elected officials were sworn in by the Honorable John A. Criswell, Judge, Court of Appeals. 8. Meftlbers of the City Council were temporarily seated and Chairperson Van Dyke requested roll call. Present: Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Oyke A quorum was present . 9. Chairperson Van Dyke called fo r nominations for the office of Mayor. COUNCIL MENIER HATIWIAY NOMINATED SUSAN YAN DYKE TO SERVE AS MAYOR. COUNCIL NEJIIER 11l&&INS SECONDED THE NONINATION. COUNCIL Ht MBER HATHAWAY NOYED THE NOMINATIONS BE CLOSED. Ayes: Council Members Koltay, Hathaway, Clayton, Habenicht, Van Dyke Nays: None The Chairperson declared the 110tion carrlet.l and Susiln Van Mayor. Wiggins, Bullock, Dyke duly elected JO. Mayor Van Dyke called for nominations for the office of Mayor Pro Tem. COUNCIL NENIER 111661NS NOIIINATED ALEX HAIDIJCHT TO SERVE AS MAYOR PRO TEii. COUNCIL NEIIIER IULLOCIC SECOll>ED THE NONINATION. CIXIICJL NENBER lfl88INS MOVED THE NOMINATIONS IE CLOSED. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None En9lnood City Council Minutes January a, 1190 -Pap 3 The Mayor declared the 110tlon carried and Alex Habenicht duly elected Mayor Pro TH. 11, Peraanent seating was agreed upon. 12. Mayor Yan Dyke .Presented tokens of appreciation to the retiring Council Members. Ci ty "Mark plaques we r e presented to Gary L. Kozacek for serving as a Council Mlwlber from January 1986 through January 8, 1990 and tJ Erica Byrne for serving as a Council Mnber frot1 June 20, 1988 ttirough January 8, 1990 . In addition each was presented with a photograph of the Englewood Plaza water- way as a personal gift fr011 Mayor Yan Dyke. Mayor Yan Dyke also presented to the other council lll!llbers copies of the sa111 photograph as a personal aomentu m. Mayor Yan Dyke announced she ls presenting the City with I larger version of the SUit photograph and wished to urge the City to display it along wltti many of the awards which have been presented to the City for improve•nts to Little Dry Creek and the downtown area. 13 . Recognition was giv1n to th1 fllllilies , friends and guests of the new .... bars of City Council. Council Maher Wiggins introduced his wife Ruth, daughter MY, and campaign manager Gary Dounay. Council Member Bullock Intro- duced his wife Linda, 111 s parents Ann and Noel Bullock, and cupalgn manager Anna Mar i e Kratzner . Mayor Van Dyke recognized a few of her friends and nPlghbors • Elaine and Michael Fisher -Steinberg and their children Andrea and Dav i d, Patty Howe, Trl~ble Russell, Jay Juliano and Ken Strang. She also ex• pressed thanks to others who were present for their past and continued support. Council Member Habenich t , newly elected Mayor Pro Tem, introduced her husband Chuck, her d1ughters Stashia and Tania, and Stashla's friend Scott Hiller. 14. Council Member Hathaway advised that the following 1sslgn11111nts to boards and r.-tsstons had been accepted by the various council IN!tllbers: Englewood Downtown Developnen t ~uthor1ty Rita Hathaway Firemen's Pension Board Susan Yin Dyke Housing Authority Roger Koltay Parks and Recreation Co11111lsslon 1111111■ Clay t on Clyde 111ggins Police Pension Board Susan Yan Dyke Public Library Board Alex Habenicht Ret1 retnent Board Roger Koltay Water and Sewer Board Alex Habenicht Tl ■ Bullock En9llWOOd C1ty counc:11 N1nutts January a, 1110 -Page 4 Susan Van Dyke C1ty/School C<111111ttee Clyde Wiggins Roger Koltay Denver Regional Council of Govern11ent Rita Hathaway, Delegate Tim Bullock, Alternate Colorado Municipal League Polley C011111ttee 11111111!1 Clayton, Delegate Alex Habenicht, Alternate Nalley Center Trust Fund RI ta Hathaway Econ0111c Oevtlopn11nt Coalition Susan Van Dyke • *. *. COUNCIL NDIIER HATHAWAY MOVED, AND IT WAS SECOIIJED, TO DEFER FRON AliEll>A PRO- CEDURE TO CREATE AGEIIJA JTDI 14(1) -SPECIAL REC06NITION OF MAYOi VAN DYKE. Ayes: Council Helllbers Koltay, Hathaway, 111gglns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 14. (1) Elaine Fisher and other members of the Co111111ttee to Reelect Susan Van Dyke congratulated Mayo r Van Dyke on her reelection to City Council and appotnt1111nt as Mayor. They presented Ms. Yan Dyke with her photograph wh1ch had been on display at Maxwell Studio. Ms. Van Dyke extended her ~ppreciat1on both for the gift and for the support she had received from th1s group. • • • • • COUNCIL MEMBER HABDllCHT NOVm, AND IT WAS SECOlllm, TO TAKE ,. BRIEf RECESS. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. The meeting recessed at 8:07 p.11.; reconvened at 8:30 p.11. Roll was called with 111 members present. 15. Designation of Legal Newspap~r. COUNCIL NDIBER HATIIAIIAV NOYm, AND IT WAS SECOIIJm, TO DESIGNATE THE ENGLEWOOD SENTINEL AS THE LEGAL NEWSPAPER FOR THE CITY OF ENQLEWOOO. Ayes: Councfl Members Kolhy, Hathaway, W1gg1ns, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 16. Pre-scheduled Visitors (a) Ph11 lo l.:icero, 3195 South Fox Street, and others expressed concerns about the odors c!mltted by the Wastewate r Treat11ent Plant . In his op1n1on, Engl~ City Couocll N1nutes January 8, 1990 • Page 5 staff was not respon sive to the situation and the plant was understaffed. He presented a petition signed by 42 residents of the area which stated: •we the undersigned are fed up with s11elllng the rotten odor c011lng fro11 the Englewood/Littleton Wastewater Treatment Plant . We as taxpayers don't believe that we have to stnell this odor. This Is Engle• wood and not Conmerce City. We the undersigned are tired of hearing ex- cuses from the Management of the Wastewater Treatment Plant and 'help Is on the way, be1r with us'. They return to their homes with clean air aP.d we are left with the stench. If this plant w11s in Littleton their City Council would not toler,te this disgusting and nuisance of a sinell. In the best interest of this co111111.1nlty we ask the Englewood Clty Council to find a real Manage■ent staff that will correct the problems at this facility.• Mr. Lucero requested that council force management to become responsive. He expressed concerns over allergy problems which have surfaced in his neighbor- hood and asked why It is necessary ttiat he and his neighbors are forced to suffer in this manner. City Manager Fraser and Director Fonda responded to Mr . Lucero's statement, explaining that everything which can b~ done at the present time is being done, that construction of the improveaents to the plant are scheduled for Fall 1990. It will take •~proximately three years to c011- plete the Improvements at an estimated cost of S23M. Hr. Lucero expressed anger and dis11ay that he and his neighbors would be ex- pected to endure this proble~ for approximately three more years. Mr. Lucero was assured this Council is quite concerned 011er the problem and that staff will be directed to seek other alternatives to alleviate the situation. Hr. Fonda reiterated steps which had been taken over the past ten years in an effort to solve the matter, but he stated that with the present plant situa- tion, there was nothing which could be done until the new improvements are made. Mr. Lucero did not feel this an adequate response. Council He11ber Hathaway requested that Mr. Fnser make certain the direct complaint/inquiry telephone line to the Wastewater Treatment Plant is still operable In light of the recent telephone changes. (b) Rudolf Tisch, owner of the Liquor Barn, 4415 South Broadway, pro- vided Council with detailed 1 nformat ion concerning an incident at the l.iquor i'larn on January 5th which Involved a police officer and vehicle parked hi the business entrance to 4415 South Broadway. Mr. Tisch also discussed the City of Englewood's False Alarm Ordinance, expressing his opinion that fines for unintentional false alarms were unfair. He felt businesses shoulJ be afforded the courtesy of the benefit of doubt. The way the ordinance ts currently en- forced creates a problem for the retailer ; he asked Council to amend the or- dinance to provide more leniency. The recorded nullber of calls to Mr. Tisch's es tab 11 shrnent were discussed; Hr. Tl sch d hag reed wt th the facts presented. City Manager Fraser suggested that he along with Mr. Tisch and Director Stan- ley review both matters presented by Mr . Tisch. Englewood City council Ninutts January 8, 1990 -Page 6 (c) Eugene Nonnan, 4239 South Galapago, discussed various ••tters. Mr. Nonnan shared a self-portrait which symbolizes Mr. Nonaan' s contact with UFO's. Hr. Norman was asked to explain to Council exactly what It is he is requesting of thefll, He asked that City Council interact on his behalf with President Bush, and he requested that he be 11lowed to spend uninterrupted ti11e with President Bush to correhte a peace movement. Other things men• tioned by Hr. Norman which he expected frorr, Council Included 1) become r..Jre flexible in deal i ngs with people like him, 2) become better con11un l c1tors with him, 3) listen to his solutions to problems such as the odors from the Waste- water Treatlllent Plant, 4) cooperate with each other. Mr. Noman was Informed that it was not the role of the City Council to address officials In Washing- ton, D. C., on behalf of individual citizens, that Mr. Norman should undertake that himself . He disagreed, stating council llll!lllbers were "his elected offi- cials.• This was discussed further, and Hr. Nonnan left Council Chambers ex- pressing anger and stating, "There is no democracy in this C1ty1" (d) J1ne Schnackenberg, 3675 South Cherokee Street, was in attendance to accept a proclamation In honor of Martin Luther King Day . COUNCIL NENBEI HATHAWAY MOVED, AND IT WAS SECOfl>m, TO BRUii FORWARD AGENDA ITEII 18(c) -A PROCLAMATION HONORIN8 DR. NARTlt; LUTHER ICING. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried . COUNCIL MENIER HATHAWAY MOVED, AND IT IIAS SECOIIIED, TO DECLARE JANUARY l!i, 1990, AS "HARTIN LUTHER KIN6 DAY." Ayes: Counc il Members Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke Nays: None Motion carried. Mayor Van Dyke presented Ms . Schnackenberg with the proclamation. 17. Non-scheduled Vi sitors (a) Betty Lou Acker, 3140 South Delaware, referring to an art i cle which recently appeared in the RockY Mountain News , asked for Council's support con- cerning the Pot1ndstone Amendment. Ms. Acker was concerned about the plight of Englewood should the Poundstone Amendment be repealed. Ms. Acker was Informed that it did not appear there would be annexation legislation Introduced during the next legislature session. She was also usured that the C1ty of Engle- wood, as a HOffle Rule City, would have extra protection against annexation based on the provisions of the Home Rule Charter. 18 . Co1111unicatlons and Proclamations (a) COUNCIL NEIIBER CLAYTON NOVm, AND IT IIAS SECOfl>ED, TO ACCEPT MAY KOZACEl'S LffiER OF RESIGNATION FROtl VARIOUS IOAIIIIS AND CONIIISSIONS, SPECIFI- CALLY PARKS AND RECREATION CONIIISSION, IIATER AND SEWER IOARD, DRCO& ALTERNATE REPRESOOATIVE, NLC TRANSPORTATION AND COIIUIICATIONS POLICE CONIUTTEE. £n91ewood C1ty Council N1nutes January 8, 1990 -P11• 7 Ayes: Nays: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Hotton carried. (b) COlllCIL MENIER HATHAWAY MOVED, AND IT WAS SECOIIIED, TO DECLARE THE 1990'5 AS •THE DECADE Of THE CHILD IN ENSLEVOOO.• Ayes: Council Members Ko1tay, Hathaway, Wiggins, Bullock, Clayton, Habenicht , Van Dyke Nays: None Notion carried. (c) This item was IIIOVed forward and acted upon earlier In the Meting. Sae Page 6. 19. Consent Agenda (1) (b) (c) (d) (e) (f) (g) (h) (1) Minutes of the Englewood Parks and Recreation Comlssion aeeting of Decetaber 14, 1989. Minutes of the Englewood Urban Renewal Authority 11eeting of Decem• ber 13, 1989. Minutes of the Englewood Public Library Board 11eet Ing of December 12, 1989. Minutes of the Englewood Planning and z~ning COllll1ss1on 1111etlng of December 6, 1989. Council 8111 No. 46.l fo r an ordinance sublnttttng to I vote of the qualified electors a propos•d amendment to the Charter relating to age and residency requirements of City Council Members. Council 8111 No. 46.2 for au ordinance sublnltting to a vote of the qualified electors a proposed amendment to the Charter relating to age and residency requirements of City Council Members. Council 8111 No. 47 for an ordinance submitting to a vote of the qualified electors of the City a proposed amendllent to the Charter relating to the financial l111port of IMpas~• Issues. Council 8111 No. 48 for an ordinance 11.!!:tndlng and adding sections of the Code pertaining to Council Benefits, declaring an emergency related thereto, and setting this issue for a special election. Council 8111 No. 49 for an ordinance approving an agree11ent !>!!tween the Englewood Public Library and Arapahoe Library District to pro- vide library services for residents of both jurisdictions. COUNCIL IIEIIIDl lfl&IIIIIS MOVED, Alll IT WAS SECOIIIED, TO ACCEPT CONSENT A&ENDJ ITEKS 19 (a) THROUGH (d). Ayes: Nays: Motion carried. Council Metibers Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Yan Dyke None * * * * • Englewood Ctty Council Minutes January 8, 1990 -Page 8 Council Member Habenicht requested that Agenda lte.11s 19{e) and 19(f) be with- drawn from the Consent Agenda. Council Member Clayton requested that Agenda It,~ 19{g) be ~1thdrawr• frM the Consent Agenda. • * • * • COUNCIL MEMBER KOLTAY 110vm, AND IT IIAS SECOll>m, TO APPROVE CONSENT A&ENIJA ITEMS 19 (h) NIU (I) AS FOLLOWS: (hi Ordinance No. I, Series of 1990, Introduced by Council Members Habenicht and Hathaway (Council 8111 No. 48), entitled: PEOPLES ORDINANCE NO. , SERIES OF 1990 AN ORDINANCE AMENDING TITLE I, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE 1985, BV ADDING A NEW SECTION 9 PERTAINING TO COUNCIL BENEFITS, DECLARING AN EMERGENCY RELATED THERETO, AND SETTING THIS ISSUE FOR A SPECIAL ELECTION. (1) Ordinance No . 2, Series of 1990, Introduced by Council Member Habenicht (Council 8111 No. 49), entitled: AN ORDINANCE APPROVING AGREEM[NT RETWEEN THE ENGLEWOOD PUBLIC LIBRARY ANO ARAPAHOE LIBRARY DISTRICT TO PROVIDE LIBRARY SERVICES FOR RESIDENTS OF BOTH JURISDICTIONS, Ayes: Nays: Mr;tlon carried. Council Members Kolt1y, Hathaway, Wiggins, Bullock Clayton, Habenicht, Van Dyke None ITEMS WITHDRAWN FROM THE CONSENT AGENDA: (e) and (f) With regard to Council 8111 No. 46 .1 and 46.2, both of which were approved on first reading on December 1B, 1989, Counci l Me•ber Hathaway comented that In light of the fact that we may receive a ruling from the At- torney General's Office clarifying age and residency requirements for Council Mabersh1p, she wished to table until further notice any action on these two agenda items. COUNCIL MEIIIER HIITHAIIAY NOVm, AND IT WAS SECONOm, TO TABLE A6Ell>A JTEII H(e) (COUNCIL BILL NO. 46.1) UNTIL FURTHER NOTICE. Ayes: Council Nembers Koltay, Hathaway, Wiggins, Bullock, Habenicht, Van Dyke Nays: Motion carried. Council Member Clayton COUNCIL NDIIER HATHAIIAY NOYm, NII IT WAS SECOIDED, TO TABLE AGENDA JTEN lll(f) (COt.llCIL BILL NO. 48.2) UNTIL FURTHER NOTICE. Englewood Ctty Counctl Ntnutes January a. 1990 -Page 9 Ayes: N-.ys: Not Ion carried. Council Mellbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Council Member Hathawljl further explained she still wanted to purs~~ Charter chrlf1cat1on concerning age and residency requirements; however, she felt clarlf1cat1on would be accomplished ~pon receipt of a ruling from the Attorney General. If not, then this matter could be pursued prior to the next municipal election. (g) With regard to Council B111 No . 47 which was approved on first reading on December 18, 1989, Council Member Clayton explained he woul ,d like to amend the Council 8111 deleting any reference to the Special Election of January 30, 1990, substituting words which would schedule this matter for the n~xt scheduled municipal election. After discussion, CCMIICIL NENBER CLAYTON MOVED, AIII IT WAS SECONDED, TO AMEND CCl.ltCJL BILL NO. 47, so THAT THE: TITLE WOULD READ: "NI ORDINANCE SUBNITTJNG TO A VOTE OF THE QUALIFIE!> ELECTORS OF THE CITY OF EN&LEVOOD AT THE NEXT SCHEDULED RECULAR IIJNICIPAL ELECTION PROPOSED ANENOIIENT TO THE CHARTER OF THE CITY OF EJIILEVOOD RELATINI TO THE FINANCl~L IMPORT OF IMPASSE ISSUES."; FURTHER, THAT PARABRAPH ONE OF SECTION 1 IE ANEJIIED TO READ: "SECTION 1. THERE IS HEREBY SUBMITTED TO THE QUALIFim ELECTORS OF THE CITY OF EJIILEVOOO AT THE NEXT lE&ULAR IIIIICIPAL ELECTION PRO- POSED ANEIIINENT TO THE CHARTER OF THE CITY OF ENQLEIIOOD, AS FOLLOWS:•1 FURTHER, THAT SECTION 4 (DIER&ENCY CLAUSE) BE DELETED. Vote results: Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Van Dyke Nays: Co~ncll Member Habenicht Motion carried and Council Bill No. 47 amended. Council Member Habenicht explained her opposition, stating she understood Council Member Clayton's intent with regard to lnfoming the electorate of financial impact of impasse questions; however, she felt that responsibility could be acc011pl1shed without a Charter 111endment, which in her opinion would complicate and compound the Charter rather than simplify it. For that reason she would oppose passage of Council Bill No. 47. The Clerk was asked to read founcil 8111 No. 47, as amended, entitled: COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER CLAYTON EnglftlOod Ctty council Minutes January 8, 1990 -Page 10 A BILL FOR AN ORDINANCE SUB/'IITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY' OF ENl:LEWOOO AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AMENDMENT T(J THE CHARTER OF THE CITY' OF ENGLEWOOD RELATING TO THE FINANCIAL IMPORT OF IMPASSE ISSUES. COUNCIL MENIER CLA\'TON IMIVEO, AND IT WAS SECotllED, PASSAGE OF COUICIL BILL NO. 47 AS AMEfl)ED. Council llellber Clayton responded to Ms. Habenicht's co11111ents, stating he was concerned that whrn faced w1th 1n impasse election issue, the constituents ■tght not have an Idea of the ftnanchl Impact . He felt this 1nfonnat1on would make them aware of what those costs might be br.fore they vote for one c~olce or the other. Vote results: Ayes: Nays: Motion carried. 20. Public Hearing Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Van Dyke Council Member Habenicht No public hearing was scheduled. 21. Ordinances, Resolutions and Motions (a) City Manager Fraser presented a reconmendation from the Department of Safety Services to adopt a bill for an ordinance amending and adding sec- tions of the Englewood Municipal Code pertaining to possession of marijuana. Mr. Fraser explained that tt1ls would provide th1t the Englewood Munlclp11 Court could be used to enforce v1olat1ons of one ounce or less of possession of marijuana. D1 rector Stanley responded to various questions of Council, stating tl'lat even thougl'I this might place an tnrreased burden on Muntctpal Court, there would be a cost savings realtzed as offtcers would be able to testify 1 n Munt ct pal Court as opposed I ,, traveling to Arapahoe County District Court. He also explained that police officers would be 1110re inclined to wrtte violations into the Municipal Court. Seizure of property and other matters were discussed. The Clerk was asked to road Council 8111 No. I, Series of l990, entitled: COUNCIL BILL NO. I, INTROOUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 60, ENGLEWOOD MUNICIPAL COOE 1985, BY ADDING A NEW SECTION 12 DEALING WITH POSSESSION OF MARIHIJANA (MARIJUANA). COtltCJL NEIIIER HABENICHT MOVED, All> IT WAS SECOll>ED, FOR APPROVAL ON FIRST READING OF COUNCIL BILL NO. l, SERIES Of 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None EnglM«Xld City Council Minutes January 8, 1110 -Page 11 Notion carried. lb) Director Freeman presented a rec-ndatton fr041 the "Old Hire• Police Pen~ion Board to adopt a bill for an ordinance which would establish and rest1te the Old Hire Police Pension Plan. Ms. Freeman explained the Coun- cil Bill repeals the current Old Hirt Police Pension Plan and reestabli~hes, word for word, the Plan In a different section of the Code. Also, it allows for adoption of the Phn by Council Resolution. Ms. Freeman advised Council that concurrence by the plan 111111bers had been received. With regard to the purpose of the plan restatlfflllnt, Mayor Van Dyke pointed out three items, i.e., l. Thts would provide better docu11&ntat1on of al 1 pension provis io n of the pension plan; 2. This would provide definitive Interpretations of the pension plan as mandated by Colorado State Statutes and current Code provisions; and 3. This would bring the Plan into compliance with Internal Revenue Ser- vice requ t rements for pension plans including pre-tax deferment of employee contributions. Ms. Van Dyke urged Council's support at this ti11e , stating the ■1tter would be more thoroughly discussed at i future study session prior to final passage. The Clerk was asked to read Council Bill No. 3, Series of 1990, entitled: COUNCIi BILL NO.~. INTROOUCED BY MAYOR VAN DYKE A BILL FOR AH ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PEN- SION PLAN BY REPEALING TITLE 1-6E-7 ANO AMENDING TITLE 3 BY ENACTING A NEV CHAPTER 7. IIA'fOR VAN DYKE IIOVED, Alll IT IIAS SECOll>m, TO APPROVE ON FJRST READING COUNCIL llll NO, 3, SERIES OF 1990, Discussion ensued concerning the increased inembership of the Pol Ice Pension Board fr011 three to five members. Ms . Freeman explained, If approved, the new llllllbera would serve with staggered terms and would be elected to the Board by Mllbers of the Plan. Current membership ts the Mayor, the Director of Finance, and one niember of the Plan (elected by the Plan lllelllbers). In the restateMnt of the Plan, metnbership would be one Council representative, the Director of Finance, and three members of the Plan (to be elected by the Plan lllltlbers). Having five members a.s opposed to three wouH 11ake It easter to secure I quorum for meetings of the Board. It was co n 'inned there would be no addtttonal administrative costs. Hr. DeWitt shted he had reviewed and now concurs tn the proposed restatement of the Plan . Vote results: Ayes: Nays: Notion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (c) City Manager Fraser presented a resolution which would clarify the language of the ballot issue on January 30, 1990, regarding t~o impasse with Englewood City Council Minutes January 8, 1990 -Page 12 the Englewood Police Benefit Association . The resolution Is consistent with the language as discussed with representa t ives of the employees In Dec•er, and Its approval is reco-.nded. The C1erk was asked to assign the resolution a nu lllber and read it by title : RESOLUTION NO. 1, SERIES OF 1990 A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE RESOLUTION PROCEDURE, ESTABLISHED BY THE HOME RULE CHARTEt OF THE CITY OF EN• GLEIIOOO , RELATING TO THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER OF POLICE LODGE #22 ANO SUPERSEOING RESOLUTION NO. 72, SERIES OF 1989. COUNCIL NBIIEP. HATHAIIAY MOVED, Nil IT lfAS SECotllED, TO APPROVE RESOLUTIIY.4 NO, 1, SERIES OF 1990, Ayes: Nays : Motion carried. Council Members Koltay, Hathaway, Wiggins, lullock, Clay t on, Habenicht, Van Dyke None (d) A resolution establishing annu;il ularles for the Hunlcip 11 Court Judge and Associate Judges for the calendar year 1990 was considered. Mayor Van Dyke •~plained that the establ l shinent of salaries for the Municipal Judge and Associate Judges is wi thin the discretion of City Council . A three per- cent Increase in salary for the Municipal Court Judge Is being rec011111ended with the understanding that the market be reviewed and a possible adjust,.ant to t hat salary be made at the first meeting I n February. An annual salary of $55,5 71 for Mun i cipal Court Judge and the salary of $250 per day for Associate Judge ere Incorporated into the resolution. The Cl erk was asked to assign the resolution a number and read It by title: RES UTION NO. 2 , SERIES OF 1990 A RESOLUTION EST.I.IBLJSHJNG ANNUAL SALARIES FOR THE MUNICIPAL COURT JU[)l;E AND ASSOCIATE JUDGES FOR THE CALENDAR VEAR 1990. COUNCIL MEMBER BULLOCK Movm, AND IT IIAS SECONlm, TO APPROVE RUOLUTION NO. 2, SERIES OF 1990, Ayes: Nays: Motion carried. Council Members Kolt1 y, H1tha~ay, Wiggins, Bullock, Clayton, Habenicht , Van Dyke None (e) Director Fonda presented a rec-ndation fl'OIII the Bl-City Super- visory COM1lttee to approve by 110tlon the perfon1ance of a value engineering study on the Phase IA design by Camp Dresser and McKee. Hr. Fonda lnfonu d Council that the study ts required to qualify the City for a St ate 10111, should the City opt to apply for a State loan for project financing fro111 the Water Pollution Control Revolving Fund, ind Is• valuable exercise In Its own right . He e,cplalned that a ftm other than the one work1ng on the project would perform a functional analysis and analyze the design concepts thus far J Englewood c t y council Nlnutes January a, 1990 -Page 13 of Brown l Caldwel 1 (the design engineer}. This could result In enhanced value to the City. Three finws were Invited to subRlit costs; the low bid was from a branch of Brown & Caldwell. Therefore, the Con111tttee is reconnendlng that the bid be awarded to Camp Dresser I McKee, bued on Alternative B In the 11110unt of $42,700. Hr. Fonda responded to various questions. COUNCIL MENIER HABENICHT NOVm, MD IT 11AS SECONDED, APPROVAL Of THE PElFOR· NANCE OF A VALUE EN&INEERIN& STIIIY ON THE PHASE IA DESIBN IY CAMP DRESSER l NCKEE BASED ON ALTERNATIVE I AT A COST Of $42,700. Mr. Fond1a conftmed that the cost difference between Alternative A and B {S9,000) was to actually verify the exact costs by doing detail quantity take- offs by the value engineering tea111. Mr. Fonda dtd not feel there was suffi - cient value In that process. He emphasized the value t~ be received fr011 Al - ternative 8. Mr . Fonda confirmed that Phase IA includes all odor •lttgattng fac111ties which have been discussed to date. Phase IB projects are not odor related but additional projects which will be completed as funds becOllle avail · able. Council Mem~er Habenicht pointed out that by ~avlng two different en- gineering fl rms review the engineer's plan, the City does receive a lot for its 111oney. Council Member Wiggins stated he and Hr. Bullock had recently toured the plant and both agreed the City should undertake this program. Vote results : A.Yes: Nays; Motton carried. Council Members Koltay, Hathaway, Wlggl~s, Bullock , Clayton, Habenicht, Van Dyke None ZZ. City Manager's Report (a) Mr. Fraser tnfol"IM!d Council that the contract for jan1tortal ser- vice with Sunshine Building Maintenance had been cancelled Jue t4 non- perfor.ance. A repllcement contract has been entered into with Janltronics, Inc., the next lowest bidder . 23. City Attorney's Report (a) Mr. Dewitt presented a bill for an ordinance approving settl-nt with the Colorado Oep1rt11ent of Health on the Allen Water Treatment Plant Cease and Desist Order. He reconmended its epproval. Discussion ensued. The Clerk wes asked to read Council 8111 No. 2, Series of 1990, entitled: COUNCIL BILL NO. 2, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE APPROVING SETTLEMENT WITH THE COLORADO DEPARTMENT OF HEALTH ON THE ALLEN WATER TREATMENT PLANT CEASE ANO DESIST ORDER . COUNCIL MENIER HABENICHT NOVED, All> IT IIAS SECOIIIED, TO APPROVE ON FIRST READ· IN& COUNCIL IILL NO. 2, SERIES Of 1990. Eng1.-cl C1ty Counc11 H1nutts January 8, lttO -Page 14 Ayes: Nays: Motion carried. Council Helllbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (bl Hr. Dew1tt requested that Agenda Item 23(bl concerning a hazardous Waste Consent Agree..ent be tabled as Information concerning this agreetnent was not included In the agenda packet. COUNCJL NEJIBEll HATHAWAY f!OVED, All) IT WAS SECONDED, TO TABLE AGEll>A ITEM 23(b). Ayes: Na.ys: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 24. General Discussion (a) Mayor's Choice (1) Mayor Van Dyke announced the appointaent of Counctl Member Bullock as Council's representative to the Englewood Urban Renewal Authority. (bl Council Member's Choice (1) Council Member Wiggins thanked M1yor Van Dyke for the photo• graph of the little Dry Creek Improvements. He stated he looks forward to working with Council during his term of office. (11) Council Member Clayton Inquired about Installation of co111- puters for new council members . Mr. Fraser stated the computers would be hooked up as quickly as possible. Hr. Clayton announced that his daughter had recently graduated fl'OIII DARE. He suggested that events such as tht DARE graduation be added to Council's calendar so more meinbers could be lnfonned and possibly attend these events In the future. (111l Council Member Bullock expressed thanks to the Mayor for the photographs presented to Council; he also thanked the people of Englewood for the opportunity of serving as a council member, stating ha certainly looks forward to working with the other members. 25. Adjournment COUNCIL HDIIER KOLTAY IIIOYED TO ADJOURN. The Meting adjourned at 10:31 p.11. ~~~a~ city Clerk 0