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Home My WebLink About1990-02-05 (Regular) Meeting Minutes1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD I ARAPNIOE COIIITY I COLORADO Regular Session February 5, 1990 The rt9ular ••ting of the Englewood City Council was called to order by Mayor Van Dyke at 7:38 ~.~. 2. Invocation The 1nvocat1on was given by Council Member Wiggins. 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. Roll Call Present: Absent: .•. quorum was present. Also present: Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None City Manager Fraser C1ty Attorney DeWitt City Clerk Crow . Director Stanley, Safety Services Division Cnlef Killer, Safety Services Director Wanush, Connunlty DevelopMnt * • • • • M.;.)•ur Van Dyke announced that Mr . Fraser's request for f1n1nclal assistance with his relocation to Englewood had been discussed at the study HSSton. During that discussion Mr. Fraser withdrew his proposal. Ms . Van Dyke stated Mr. Fraser's original contract ts still In effect and that no financial assis- tance for loc1.ttng In Englewood will be provided to ht ■ outside of his contract. * * * * * s . Nlnutes Englewood City Council Minutes February 5, lOIIO -Page 2 (a) COUNCIL MEMBER CLAYTON NOVm, AND IT VAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JAIIJARV 15, 1990. AYes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Hot ion carrl ed. 6. Pre-scheduled Visitors (a) Police Officers Anderson and Hadonna introduced Anthony Rank, Nate Romero , and Ylannl Bellis, Flood Hiddle School students and recent graduates of the Drug A~use Res i stance Education (DARE) program. Officer Anderson ex- plained the DARE program is a co nti nuing effort in the City of Englewood, both In the public and paroch ial schools , which has met with a great deal of suc- cess in dealing with the issue of drug abuse resistance. Offic~r Madonna com- mented ttiat wtien the program was cOlllnenced In the spring of 1989, they In- structed 109 students, last sen1ester 746 students, this semester It will be approxi~ately 1,900 students. The three students were l~lroduced and asked to perform their "rap" for the audience. Kar en Gllcr i st, their teacher at Flood was al so present and recognized. Mayor Van Dyke presented each of the boys and their teacher a Ci ty Mark logo pin . {b) Ken Haraldsen, 3018 South Washington was In attendance and shared a few of his favorite witticisms, stating he hoped this lnform3tlon woul d be of benefit to Counc 11 members In their approach to local governance . Mayor Van Dyke expressed ·eclation to Mr. Haraldsen for his thought provoking comments. (c) Lois Lighthall, 2945 South Logan Street, stated she felt the inter- nal bickering and the hiring and firing of City Managers 1s an exercise in futility and is counterproductive . She stressed there are many fine services In Englewood which need to be maintained; In addition, there arJJ many needs t1hich should be addressed, I.e., uniform trash collection, imp1·oved sewage treat111ent facilities, cOtrmUn1ty wide recycling, sidewalk Improvement dis- tricts, etc. She wu pleased to hear the City Manager had withdrawn his request for relocation assistance, stating the money could be used better elsewhere. She urged that Hr. Fraser's original contract be enforced with no deviations or concessions. (d) Tamara Lyon, Englewood High Schoo l student, explained the "Close Vp• program, with ~hlch ~he is Involved. It is. cltlze~shlp learning adven- ture providing students an opportunity to travel to Washington, D. C., to at- tend seminars, to learn first -hand how federal government works and to meet and observe the ieglslators in action. Ms. Lyon explalncj there are six stu- dents participat i ng In the program this year, and on their behalf sha reQuest- ed financial assistance to ensure their participation In the 1990 Close Up Progra11. She further explained that some funds had been received fro11 varfoils civic groups In the City. Discussion ensued. COtllCIL MENIER KOLTAY MOVED, AND IT WAS SECOll>ED, 10 BRIN& FORWARD A&ENDA ITEM 14(b)(1x) -A RESOLUfION RELATIVE 10 THIS REQUEST. 0 ...) Englwood C1ty ,;ounctl N1nutes February s. 11100. Page 3 Ayes: Nays: Motion carried. Council Me11bers Ko":tay, 'lathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None The resolution was assigned a number and read by title: RESOLUTION NO. 8, SERIES OF 1990 A RESOLUTION BY ENGLEWOOD CITY COUNCIL CONTRIBUTING FUNDS FOR lNGLEWOOO HIGH SCHOOL STUDENTS TO TRAVEL TO WASHINGTON, D.C. COUNCIL IIEJIIER KOLTAY NOVm. AND IT IIAS SECOlllm, TO APPROVE RESOLUTION NO. 8, SERIES OF IMO, Council Melllber Habenicht stated this Is one of those programs Council needs to support in terms of young people learning more about government. There was further discussion concerning the ;;ippropriateness of this request . It was clari fled that $500 would be donated from Counc t1 's Aid to Other Agenc1 es account. Vote results: Ayes: Council Members Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Abstain: Council Member Koltay Motion carried. Council Member Koltay eKplalned he had abstained from voting, as Ms. Lyon is his daughter and will be participating In the program. However, he felt she and the other students in the program are all deserving of the opportunity to participate. 7. Non-scheduled Visitors (•) Ken Waechter, 3127 West Tufts Avenue, with respect to Mr . Fraser wlthdriiwlng his request for r elocation assistance, stated he did not think that postponing the issue for six 110nths would stop SOffle of the concerns of his (Mr. Waechter's) supporters in this matter.· In his opinion approving this request would have been a violation of the State Constitution. He criticized Council for the manner in which this matter had been handled and stated he hoped a lesson had be.~ learn~o by all involved. He expressed concern about holding the town mee ~ .. •g on such short notice. He cornnented that severr.1 eltizens had told him th:iy :-"lt Mr . Fr11:;er's effectiveness as a city 11anager was In doubt . Mayor Van Dyke clarified t ilat the town 111eeting was scheduled several weeks ago, the purpose being to discuss the outcome of the spacial election, not the issue under discussion. She explained the unfortunate situation of tt,e article In the Sen i:lnel giving the wrong date of the town meeting. She stated the Council had done its best to rectify that conflicting information. Council Member Habenicht spoke of an additional conflict of the town 11eettng date with the Planning and Zoning Conmission's public hearing to consider Tl· tle 15 (Enviro11mental/Nulsance Code) of the Englewood Municipal Code. She Englewood Cit1 Council Minutes February 5, 1990 -Page 4 explained that Mr. DeWitt would be asking the Planning and Zoning Conmlsslon to continue its hearing of February 6th to another date so citizens would have the opportunity to attend the town ineeting as well as the public hearing. (b) H. Reese Braun, 3173 South Ogden Street, stated he felt it a wise :eclslon on the part uf the city manager to withdraw the reqijest for reloca- tion assistance. Concerning Council's travel policy, he adv i~~d Council that when he was a council member several years ago he was privileged to attend a U. S. C~amber of Co11111erce meeting in Washington, D. C. While there, he was able to ~t~earch records In the archives and find infonnation which assisted the City of Eilglewood in determining property rights for Little Dry Creek Dam. (c) Chris Fulton, 4085 South Washington, inquired If other alternatives were being considered with respect to Hr. Fraser's request . Mayor Van Dyke assured Hs. Fulton there were no other alternatives being considered. She explained the original contract between the City Manager and the City of En- glewood would be in effect . • * * * * Mayor Van Dyke expressed appreciation for the attendance at this meeting. She was hopeful that the citizen's conc erns ttad been sat i sfied to some degree. She explained tttat the City Council has tried to the best of their ability to address the various Issues which have come before them in a proper and ethical manner. Council Member Clayton spoke concerning the feeling which was being expressed that the handling of this issue was done 5ecretive1y and without disclosure. He stated that during the last two years there had been no action on the part of this Council that they were not willing to fully disclose. As the Issue In question was a sensitive issue, it required serious contemplation by all Coun- cil Members . He reminded those present that this Council had made a real ef• fort to hold town meetings and to co11111unicate with the c i tizens. And the Council Intends to continue this policy. Mayor Van Dyke urged all present to attend the February 6th town meeting . . . .. . . 8. Coaunlcattons and Proclamations (a) COUNCIL MENIER WIGGINS MOVED, AND IT WAS SECONDED, TO DECLARE THE WEEK OF FEBRUARY 11 THROU&H 17, 19!10 AS "NATJONAL CHILD PASSENGER SAFETY AWARENESS WEEK.• Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, W'.~glns, Bullock, Clayton, Habenicht, Van Dyke None (b) COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO DECLARE FEBRUARY AS "AMERICAN HISTORY MONTH.• Englwood Ct l.y Council lltnut11 February ~. 1990 -P191 5 A)'es: Nays: Council Herabers Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke None Motion carried . (c) CotltCIL IIENIER CLAYTON IIOVED, AND IT WAS SECOlllED, TO DECLARE 1990 AS THE "YEAR OF URBAN WILDLIFE." A)'es: Council Members Koltay, Hithaway, Wiggins, Bullock, Clayton, Habenicht, Yan Oyke Hays : None Motion carried. (d) CotllCIL MEIIBER IIAllWIAY MOVED, AND IT WAS SECONDED, TO APPROVE A PIOCUMTION IN SUPPORT Of FUtl'IING IY THE COLORADO ASSOCIATION OF COIIIUNITY IIENTAL HEALTH CENTERS AND CLINICS. A)'es: Council ff,~bers Ko l tay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (e) CotltCIL IIDIIER HATHAWAY IIOVED N40 REQUESTED JOINT SPONSORSHIP BY ALL IIEJIIERS OF COUNCIL TO APPROVE A PROCI.NIATION HONORING ELSIE MALLEY'$ BJRTIIIAY, AND PROCLAIMING MARCH 6, 1990, AS "ELSIE MALLEY DAY," A)'es : Council Mellbers Koltay , Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Mays : None Motion carried. (fl MAYOR VAN DYKE IIOVED, Atll IT WAS SECONDED, TO ACCEPT THE ECONOMIC DEVELOPMENT COALITION INFORIIATIONAL UPDATE. Mayor Van Dyke briefly explained the purpose of the Economic Development Coalition and urged everyone to rev iew the update i nformation. Council Me~ber Hathaway invited citizens to attend these meetings, explaining tha th e meet- ings are held the th i rd Wednesday of the mnth at 1:30 p.m. in th i Perrin Con - ference Room, Englewood Public Library. Vote results : A)'es: Nays: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Hotton carr1Pd. 9 . Consent Agenda (a) (b) (c) (d) Minutes of the Englewood Downtown Development Authority meetings of December 13, 1989, and January 10, 1990. Minutes of the Englewood Housing Authority meetings of October Z5 and November 15, 1989, Minutes of the Englewood Public Library Board meeting of January 9, 1990. Minutes of the Plann i ng and Zoning Co11111lsslon meetings of January 9 Englewood Ctty tounc11 Ntnutes February&, 1990 -Page 6 (e) (f) (g) {h) {1) (j) {k) ind J1nuary 16, 1990. Minutes of the C1reer Service 801rd meeting of January 18, 1990 . Minutes of the Election C1111111iss1on meetings of December 1, December 12, 1989, ind January 11, 1990. Council 8111 No. 47 for an ordinance suba1tting to • vote of the qualified electors of the City a proposed amendment to the Charter relating to the financial Import of impasse Issues. Council Bill No. 1 for an ordinance &mending ~nd adding sections of the Englewood Municipal Code pertaining to possession of marijuana . Council B111 No. 2 for an ordinance approving settlement with the Colorado Department of Health on the Allen Wate r Treatment Plant Cease and Desist Order . Council Bill No . 3 for an ordinance estab l ish hg Old Hire Police Pension and providing for adoption of the ~~£n document by reso 1 utl on. Council Bill No. 4 for an ordinance app r oving a :u1sent agreement with the Colora.do Department of Health on the c~•.t amlnated soils found at 2350 South Raritan. COUNCIL NENBER CLAYTON MOVED, AND IT IIAS SECONDED, TO ACCEPT lil NSENT AGENDA ITEMS 9 (a) THRotllH (f). Ayes : Council Helllbers Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried . Council Member Haben i cht requested that Consent Agenda Item 9 (k) be withdrawn from the Consent Agenda to be considered separately. COUNCIL NENBER HATHAWAY NOVm, AND IT WAS SECONDED, TO "PPROVE CONSENT AGENDA JTEJtS 9 (g) THROUGH (J) AS FOLLOIIS: (g) ORDINANCE NO. 3, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER CLAY- TON (COUNCIL BILL NO. 47), ENTITLED: AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPA L ELECTION PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE FINANCIAL IMPORT OF IMPASSE ISSUES. (h) OROl~NCE NO . 4, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER HABENICHT (COUNCIL BILL NO . 1), ENTITLED: AN ORDINANCE AMENDING TITLE 7, CHAPTER 60, ENG LF WOOD MUNICIPAL CODE !9B5, BY ADDING A NEW SECTION 12 DEALING WITH POSSESSION OF MARIHUANA (MARIJUANA). (1) ORDINANCE NO. 5, SERIES OF 1990 , IN TRODUCED BY COUNCIL MEMBER HABENICHT (COUNClL BILL NO . 2), ENTITLED : AN ORillNAHCE APPROVING SETTLEMENT WITH THE COLORADO DEPARTMENT OF HEALTH ON THE ALLEN WATER TREATMENT PLANT CEASE AHO DESIST ORDER. J Englewood C1ty Council Nlnut ■s February 5, 1990 • Page 7 (j) ORDINANCE NO. 6, SERIES OF 1990, INTROOUCED BV MAVOR VAN DVKE (COUNCIL Bil l NO . 3), ENTITLED: AN ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PENSION PLAN BY REPEALING TITLE l-6E-7 AND AMENDING TITLE 3 BY ENACTING A NEW CHAPTER 7. Ayes: Nays: Council Members Koltay, Hathaway , Wiggins, Bullock, Clayton , Habenicht , Van Dyke None Mot i on carried . • • * •• DISCUSSION AND ACTION ON WITHDRAWN AGENDA ITEK 9 (k): ORDINANCE NO. 7, SERIES OF 1989, INTRODUCED BV COIJNCIL MEMBER HATHAWAY (COUNCIL BILL NO. 4) ENTITLEO : AN ORDINANCE APPROVING CONSENT AGREEMEN·. WITH THE COLORADO DEPARTMENT OF HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARI TAN. Council MHl>er Habenicht stated a citizen who is a chemist had raised s011e concerns about the language in the ordinance In tems of, $peclfl cally, haz- ardous waste and hazardous substance. City Attorney DeWitt explained that there are several diff erent act s involved, and they would all apply to the situation . However, the State chose to pro • ceed under the Hazardous Was t e Act as cod i fied In Article 15 of Title 25 . Mr. DeWitt noted that t h agreement between the City and State would clean the street up as required by law and It would be done In an economi c ally feasible manner consistent with current techno logy. The r e will be some funds for over- view by the State Health Department. He stated he had discussed the ordinance with the citizen Council Member Habenicht mentioned . Mr . DeWitt advised Coun - cil they would have a chance to reconsider the Ordinance wi thin the thirty days before 1t becoges effective, If after further review a portion 1s deemed 1n1ppropri1te. He confinned the Colorado Department of Health's Findings of Fact uses the phrase "hazardous waste•. Upon questioning from Council Member Ha th away, City Attorney DeWitt provided background Information as to the chain of events s i nce the material was found during the normal course of a paving distr i ct last August . Council Me■ber Hathaway questioned whether this coul d hold up any ordinances or resolutions pertaining to that paving district. Hr. DeWitt assured her It would. She stated her support of the ordinance . CIUICIL NEJIBER KOLTAY NOYm, AIII IT WAS SECOll>ED, TO APPROVE AGENDA ITDI 9(k), ORDIIU.NCE NO. 7, SERIES OF 1989. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Vin Dyke Nays : None Mot1on carried. En91ewood City Council Minutes February 5, 1990 -Page 8 10. Public Hearing No public hearing was scheduled. 11. Ordinances, Resolutions and Motions (a) Director Stanley and Division Ch i ef Miller presented a reco11111enda- tlon from the Safety Services Department to adopt a bi l l for an ord i nance ap- proving the Highway Safety Contract with the Colorado Department of Highways . Dlvi ~lon Chief Miller will serve as administrator of the grant and explained the program. Mr. Miller informed Council that the grant had been approved to fund a Police Department traffic unit, which wtll Include training of of- ficers, a vehicle , and various computer equipment. Matching funds, wh i ch were requ i red, are being provided from existing salary funds, therefore , there will be no capital outlay funds on the part of the City . He explained that prior to receiving the funds the Highway Safety Department requires that an or- dinance be approved by City Councfl. Division Chi ef Miller responded to various questions concerning the traffic un i t . The Clerk as asked to read Council Bill No . 6, entitled : COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER KOLTAY A f;ILL FOR AN ORD INANCE APPROVING THE CONTRACT BETWEEN THE CITV OF ENGLF.WOOD AN \J THE DEPARTMENT OF HIGHWAYS, DIVIS ION OF HIGHWAY SAFETY, STATE OF COLORADO . COUNCIL MENIER KOLTAY MOVED, ANO IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 6, SERIES OF 1990. Ayes : Counc i l Members Koltiy, Hathaway , Wi ggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) Director llanush presented a rec0111Mndation from tt,e Department of Conmunity Development Housing Divis i on to adopt a resolution to apply for 1990 Urban Homesteading Program funds . Mr. llanush briefly explained the program and responded to several concerns expressed by var i ous Councilmembers . He stated that th . homes would be available to first ti me home buyers at a cost of $1 with ce 1-ta1n major cond i tions, and he explained those conditions : 1. The new property owners would h~ve to live on the property in the house for a period of five years; the house would then be turned over fee s imple to the new owners . 2. The house must be brought up to code and all local regula- tions prior to moving In with a 30 to 45 day time period to bring the property i nto compliance. Mr. Wanush stated that In addition to the major conditions, the property would be I nspected every six 110nths. If needed, a training pro - gram would be offered to the ho111e owners to provide adequate care for the property. A mln1111um Income of SZ0,001) would be required. Availability of loan money was discussed and Mr. llanush confinned that funds would be avail- able a.t 10.~ Interest rate . Of the 15-20 hoines available In the City, Mr. Wanush visited eight; In his opinion three of them should be demolished and f i ve could be rehabilitated a.t 3n estimated cost of $20,000-$25,000, which he felt would be an average figure for this type of home. Mr. Wanush reco11111ended En9lewood City Council Minutes F••ruary 5, 1110 -Page I approval of the resolution authorizing the co-n1ty Development Oepart11111nt to file an application for the S125,O00 to participate in the Urban HOMstaading Program for five houses. The resolution was assigned a number and reid by title: RESOLUTION NO. 9, SERIES OF 1990 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COM· MUNITV DEVELOPMENT, TO FILE AN APPLICATION FOR THE URBAN HOHESTEADING PROGRAM AND TO NAME THE ENGLEWOOD HOUSING AUTHORITY AS THE DESIGNATE.D LOCAL URBAN HOMESTEADING AGENCY (LUHA) TO AIJHINISTCR THE URBAN HOMESTEADING PROGRAM FOR THE CITY OF ENGLEWOOD. Concerns of var i •o>us counc1lmembers regarding this program were further dis- cussed. Mr. Wanush concluded by suggesting that only five units are in this first program, and those five units will not significantly alter the profile of the City; however, improvements to those units will alter and Improve cer- tain neighborhoods. COUNCIL NENBER ICOLTAY IIOVED, A111 IT WAS SECONDED, TO APPIOYE RESOLUTION NO. 9, SERIES OF 1990. After continued discussion, the vote results were: Ayes: Council Members IColhy, Hathaway, Wiggins, Bullock, Habenicht, Van Dyke Nays: Council Hetlber Clayton Motion carried. Mr. Wanush was advised that Council would like to be provided with details of established local guidelines. (c) City Manager Fraser presented a resolution implementing the 21 wage Increase for the non -emergency e11pl oyees covered by the Englewood Emp 1 oyees Association contract as approved by the electorate In the recent Special Elec- tion. It was clarified that this increase Is retroactive to January 1, 1990. The resolution was assigned a nUllber and read by ti:le: RESOLUTION NO. 10, SERIES OF 1990 A RESOLUTION IMPLEMENTING THE MEASURE APPROVED BY THE ENGLEWOOD VOTERS ON JANUARY 30, 1990, RHATING TO THE COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, ANO THE ENGLEWOOD EMPLOYEES ASSOCIATJON/AFSCME LOCAL 303. COUNCIL NDIIElt IIATHAIIAY NOVm, All> IT WAS SECOIIIED, TO APPROVE RESOLUTION NO. 10, SERIES DF 1190. Ayes: Nays: Motion carried. Counctl Me11bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Yan Dyke None Englewood City Council Nlnutes February 5, 1990 -Page 10 (d) COUNCIL NEIIIEl HATHAWAY NOVED, All) IT WAS SECOll>ED, TO RESCH£DULE THE RE8UW NEETJN8 OF FEBRUARY H, 1990, TO FEBRUARY 20, 1990, AS FEBRUARY H IS PRESIDm's DAY, A RECOGNIZED LEGAL HOLi~AY. AYes: Council Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, V1r. Dyke Nays: None Motion carried. 12. City Manager's ~•port Mr. Fraser did not have any matters to bring before Council. 13. City Attorney's Report (a) City Attorney DeWitt presented a resolution apj:!roving Englewood's position statement regarding the EPA Inter1• Settlet11ent Policy. He informed Council that if the resolution were approved, he would be presenting It along with a letter signod by Mayor Van Dyke to U.S. Environmental Protection Agen- cy with further conients by the City of Englewood. The resolution was assigned a number and read by title: RESOLUTION NO. 11, SERIES OF 1990 A RESOLUTION APPROVING POSITION STATEMENT WITH RESPECT TO MUNICIPAL SETTLEMENT WITH EFA. COIIICIL NEIIBER CLAYTON NOVED. Afll IT WAS SECOll>ED, TO APPROVE RESOLUTION NO. 11, SERIES OF 1990. AYes: Nays: Motton carried. Council Members Koltay, Hathaway, Wiggins, Bullcck, Clayton, Habenicht, Yan Dyke None (b) Nr, DeWitt reported that the transaction betwe.:n Mr. Sachter and the Englewood Downtown Developinent Authority for the Lincoln Street parking lot had been completed . The Downtown Development Authority wi ll oe transfer• ring the property free and clear to the City. (c) Mr. DeWitt asked for authority to settle within the deductible ll•its a claim with Victor Calderone for an Injury he Incurred while riding a bike. COUNCIL HDIBER HABENICHT MOVED, AND IT WAS SECOll>ED, TO AUTHORIZE THE CITY ATTORNEY TO SffiLE WITHIN DEDUCTIBLE LIMITS WITH VICTOR CALOEROHE. ,\yes: Council Members Koltay, Hathaway, Wiggins, Clayton, Habenicht, Van Dyke Nays: None Abstain: Council Member Bullock Motion carried. Mr. Bullock explained he had abstained due to a possible con- flict of interest as Hr. Calderone has been a client of his. Engl IWIIOd Ctty Counctl Ntrilltes Ftbru1ry &. 1990 -Pagt 11 14. ltnertl D1scusston (a) Mayor's Choice (:) Mayor Yan Dyke announced the reorganization of the Fire Ser- vices Delivery Task Force with citizen representatives fr0111 each District, an additional citizen fr0111 the C1ntennl1l area, and a representative of Swedish Medical Center. The first 1111etlng of the Task Force Is February 15 at 6 P·•· In the C111111Unity Roa. Tne tentative schedule is for the group to 111eet every first and third Thursday of the IIIOnth for six 110nths. At the end of that tiM Council will receive the Tuk Force reco11111endation concerning fire services delivery In the City of Englewood. Those who h~v• been appointed are: District District II DI strict IU District IV -Rod Hanson and Richard Jar1mlo -Martin Vorum and Connie Dav1et -8111 Higgins and Debbie Perry-Smith -Gary Dounay and Marge Hoelter Centanni al 1rea -Diane Fischbach Swedish Medical Center -Pat Tritt (b) Cou nc il Member's Choice (1) A resolution 1ppr oving aid to other agencies was considered. The r esolution was assigned a nU11ber and read by title: RESOLUTION NO. lZ, SERIES OF 1990 A RESOLUTION DONATING FUNDS TO AGENCIES BY THE CITY OF ENGLEWOOD. COUNCIL NDIIEI CLAYTIII NOYm, AIII IT IIAS SECOlllm, TO APPROVE RESOLUTION NO. 12, SERIES OF 1110, Vint THE FOLLOWIN& ALLOCATIONS: INTERFAITH TASK FORCE MEALS ON IIHEELS PARADE ASSOCIATION ARAPNIOE HOUSE ARAPNIOE COUNTY MENTAL HEALTH &ATEWAY BATTERED IIOIIDl'S SHELTER HORSECAR -CHALLENGE GRANT HOSPICE OF DENVER ctltJSTIIAS LIGHl'IIC ARAPAHOE PHILHARNONIC Vote results: $13,000 3,000 1,700 2,100 1,100 1.000 1,500 300 300 ' 300 (IN TICKET PURCHASES) $25,300 Englewood C1ty coun~11 N1nutes F1bru1ry 5, 1110 • Page lZ Ayes: Nays: Motion carried . Council Members Koltl.Y, Hathaway, Wiggins, Bullock , Clayton, Haben i cht, Van Oyke None (11) A resolution establishing the Mun1c1pal Court Judge's salary for 1990 was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 13, SERIES OF 1990 A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE MUNICIPAL COURT JUOGE FOR THE CALENDAR YEAR 1990. COUNCIL MENIER BULLOCK MOVED, Alll IT WAS SECONDED, TO APPROVE RESOLUTION NO. 13, SERIES OF 1910. Council Member Cll_Yton expressed concern that the amount of increase is con- siderably higher than those approved for other employees . CIUICJL MENIER CLAYTON MOVED, AHO IT WAS SECONDED, TD TABLE RESOLUTION NO. 13, SERIES OF 19110. Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Clayton, Habenicht l'.ouncil Members Wiggins, BuHock, Van Dyke Council Member Clayton requested that a presentation by the Court Administra- tor concerning Court operation be scheduled for a study session. Council Mem - ber Bullock stated the Issue had been thoroughly studied; he also stated Resolution No. 13 concerned the Judge's 1990 salary and had nothing to do with the operation of Municipal Court . He further stated that Mr. P1rkinson Is an elected official of the City, not an employee, and that the salary for this position has been under market for years . Mr. Clayton contended the Increase was too ■uch In excess of that approved for others in the City . Counc i l Mem- bP.r Hathaway cornnK!nted that once the salary Is established, it would be retro• active to the first of the year. (iii) A resolution appointing members to Boards and Commissions was considered. The resolution was assigned a number and reid by title: RESOLUTION NO. 14, SERIES OF 1990 A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS AND CIMIISSIONS OF THE CITY OF ENGLEWOOD. COUNCIL NEMBER HATHAIIAY MOYm, All> IT IIAS SECONDED, TO APPROVE RESOLUTION NO. 14, SERIES OF 1990. Ayes: Nays: Motion carried. The Council Members Koltay, Hathaway, Clayton, Habenicht , Van Dyke None appointments are as follows: Wiggins, Bullock, r I J ,- I J EnglllfOOd Ctty Council Ntnutes February 5, 1190 -,age 13 loaNI of Ad.tustatnt and ~ah SandraGeorge -reajiponted for ten1 February 1, 1990 to February l, 1994 L1nda Cohn -to fill tera expiring February 1, 1991 ft,-•s Pension Board Willis Rasley -reappoint to tera February 1, 1990 to February l, 1993 Election CO..tsston [1oaar Warren• to fill tena expiring February 1, 1993 Jo Lay• to ter11 February 1, 1990 to February 1, 1994 ,arks and lecreetton C-tsston Steve Neyer -reappoint to term February 1, 1990 to February 1, 1994 Austin Gomes -reappoint to tera February 1, 1990 to February l , 1994 John Garlick -appoint to tera February 1, 1990 to February l, 1994 Krist I D11i9herty • to fill tenn expiring February 1, 1992 Public Llbrar{ Board larllynshlock -reappoint totem February I , 1990 to February 1, 1994 Douglas Cohn -appoint totem February l, 1990 to February 1, 1994 Retlrta111t loard Jtll Mees -appoint t o ten February 1, 1990 to February I, 1994 Gary 8011111an -appoint to fill term expiring February 1, 1992 ,1anntng and Zontng c-tsston Lloyd Covens -ippo1nt to ten1 February 1, 1990 to February I, 1994 Linda Bauagartner -appoint to ten1 February 1, 1990 to February 1, 1994 C. J. Glynn· appoint to fill tenn expiring February 1, 1993 Connie Davlet -appo i nt to fill tem expiring February 1, 1992 Urban ltenewal Authority Meredith Schmidt -appoint totem February S, 1990 to February S, 1995 Erica Byrne -to c0111plete te.-. previously appointed to expiring February S, 1994 Water and S-r loard Bill VobeJda -appoint to tel"III February l, 1990 to February 1, 1996 Ms . Hathaway Introduced I few of the newly appointed members who were present 1n the audience. The new appointees will be Invited to attend the February 20, 1990, Council 1111et1ng to receive certificates of appolnt111nt. (Iv) A resolution opposing Senate Bill 98 was considered. The resolution was assigned a nullber and read by title: RESOLUTION NO. 15, SERIES OF 1990 A RESOLUTION OPPOSING s.e. 98 RESTRICTING CONFJNE"ENT OR DElENTION OF MUNICIPAL JUVENILE DEFEll>ANTS IN STATE AND COUNTY F~ILITIES. Entlwood Ctt1 Counc11 N1nutes February 5, 1910 -Pase 14 COUNCIL NDIIEI WIGGINS NOYm, All! IT IIAS SECOlllm, TO APPROVE RESOLU1'IOII HO. 15, SERIES OF 1910. Mr. W1gg1ns briefly st1ted the City's reason for oppnsltion. He explained the Resolut Ion would require the Cl ty to provide a separate Ju11en1le detention center within the City and the cost would be astronomical. Vote results: A,es: Nays: Hotton carried. Council Hetnbers Koltay, Hathaway, W1ggtns, Bullock, Clayton, Habenicht, Van Dyke None (11) A resolution supporting House 8111 1174, 1n concept, was con- sidered. The resolution was assigned a number and read by title: RESOLUTION NO. 16, SERIES OF 1990 A RESOLUTION SUPPORTING H.B. 1174, IN CONCEPT, RELATING TO MASS TRANSPORTATION PROJECTS. COUNCll NE.NIER CLAYTON "ovm, AND IT IIAS SEcONDm, TO APPROVE RESOLUTION NO. 16, SERIES ·OF 1990. Hr. Chyton ccirmented that he apprecla~ed Ms. il,benlcht's efforts adv11ncln9 the City's view In this matter. Council Member Habenicht's expressed her appreciation to the House Transporta- tion & Energy C011111lttee and especially to Representative Pankey. Vote results: Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Miggins, Bullock, Clayton, Habenicht, Van Dyke None (vi) A resolution opposing sections 7 and 10 of Senate 8111 54 was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 17, SERIES OF 1990 A RESOLUTION OPPOSING SECTIONS 7 ANO 10, S.B. 54, REGARDING ANNEXATION PROVI- SIONS DEALING WITH LIBRARY DISTRICTS. COUNCIL RENIER HABENICHT MOVED, AND lT IIAS SECOIIIED, TO APPROVE RESOLUTION NO. 17, SEltlES OF 1990. 14s. Habent cllt stated she would not support the annex at I on port I on of Senate B111 54 which placed veto power In the hands of Districts over ~uniclpa11ties. She also opposed the ambiguous language with reference to special library dis- tricts being dissolved. I ...) En9lllllOOCI City Council Ntnutes February 5, Jt90 -P191 J5 Vote results : Ayes : N1ys : Kot1on carried . Council Mellbers Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht , Yan Dyke None (v i i) A resolution opposing certain portions of House 8111 ll34 w1s considered. The resolut i on was ass i gned a nulllber and read by title : RESOLUTION NO . 18, SERIES OF 1990 A RESOLUTION OPPOSJNG CERTAIN PORTIONS OF H.B. 1134 REGARDING UNDERCOVER OPERATIONS OF POLICE OFF !CERS. COUNCIL IIDIIER IIISGINS MOVED, NII IT WAS SECOIIIED, TO APPROVE RESOLUTION NO. 18, SERIES OF 1990, Council "8111ber Wiggins explained this Resolution would allow officers the use of alcohol and ■arijuana whe n operating as undercover agents . Vote results: Ayes : Nays : Notion carried . Council Menibers Ko l tay, Hathaway, Wigg ins, Bullock, Clayton, Habenicht , Van Dyke None (vi11) A resolution supporting House 8111 .oc:i was cons i dered. The resol ution was assigned a numbt.r and read by title : RES OLUTION NO . 19, SERIES OF 1990 A RESOLUTION SUPPORTING THC COLLECTION OF 1AX ON MAIL ORDER SALES -H.B. 1003, COUNCIL IIEIIIO HAIENICHT NOYED, NII IT VAS SECOIIIED, TO APF~OYE RESOLUTION NO , 19, SERIES OF 1990. Council Me■ber Habenicht expressed her support of this Resolution as cat1 vy sales deplete the sales tax revenue, she felt it ts unfair to the retal b r physically located in a municipa l ity and paying sales tax . Council Member Cl ayton stated that he was opposed to this Resolution as 1t ls contrary to free trade. He offered the following a111endment: COUNCI\. HDIIER CLATION MOYm, TO AIIElll IESOLUTION NO. 1!1, TO ADO A SECOND IIIEIEAS TO W.!l : IIHEREAS, EN&LEVOOO CITY COUNCIL SUPPORTS THE ADDITION OF A 4!i IIILLION DOLLAR SALES TAX 8URDEN UPON THE CITIZEN$ OF THE STATE OF COLORADO, The a111nd1111nt died for lack of a second. Council Metnber Bulloc k aske d the C1ty Attorney if he was aware of any case law orig1r ,attng from U,e Supreme Ccurt as to how this ■l ght be affected by the Coaerce Clause of the Constitution . Engl~ City Council Minutes February 5, 1990 -Pa,-16 City Attorney DeWitt stated there was no case law. He explained this legisla- tion Is dependent on federal legislation. Discussion ensued. Council Member Koltay questioned whether the Englewood Chamber of COlll!lerce and the South Metro Chamber of C011111erce were In support of this issue. Council Me11ber Clayton, speaking on behalf of the Greater Englewood Chamber of Com- 1111rce, stated they were in support of It. Dt ,cusston ensued. It was detemlned the City of Englewood would receive di- net benefit. Council Member Clayton explained the State would collect the 110ney and administer It under some type of sharing fonnula, the formula is yet to be determined. Mayor Van Dyke staled she was unc011fortable with the Resolution and would not be supporting It. Council Member Hathaway stated she would not be supporting the Resolution as she questions the constitutionality of It. Vote results: "1es: Council Members Wiggins, Habenicht Nays: Council Members Koltay, Hathaway, Bullock, Clayton, Van Dyke Motton defeated. Mayor Vian Dyke c011111ented that Resolutions passed by Council help Inform the State Legislature of the City's position. She stated the City does have an affect on the outcome of some of the legislation at the State le\·el. City Manager Fraser praised the Individual legislative efforts of Mayor Van Dyke, Council Members Clayton, Habenicht, and Hathaway and Assistant City Man- ager Martin. Council Me11ber Clayton agreed and stated how important some of the legislative issues are, as they have a genuine impact on the co11111unity. and 3. (ix) This item was acted upon earlier in the meeting -see Page 2 (x) Mayor Van Oyk.e reminded every1,.1e of the town meet 1 ng at 7: 00 p.■. on Tuesday, February 6. · (xi) Council Member Hathaway presented two items: (1) COUNCIL NDIIER HATMAIIA'f MOVED, AND IT IIAS SECONDED, TO RESCHEDULE Tl!E REGULAR MEETING OF MRIL 2, 1990, TO MRIL 3, 1990, TO ALLOII BOTH THE CITIZENS AND COUNCIL NEIIBERS TO PARTICIPATE IN TffE CAUCUS PROCESS, Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. EntlNIOd City Cowlcil lllnutet Feinlary II, IHO • Page 17 (2) Council Mlllblr HathlWI.Y 1~foraed Council of a prorosal to be presented on February 2Mh for possible future use of the Quincy F re Sta• tlon by an org1n1zatton l.n111111 n •Nat Bad•. The group whhes to use th, City Hall c-n1ty R-for ·1ts :irg1n1zatlonal ••t1ng on th• 28th. Sh• briefly 1xpl11ned th• purpos, of th-. orv1nlz1t1on and quest1onad whether th• c-,ntty RoOII would t,e available that ,ven1ng. Mr. Fraser stated ha would check on the avallab1llty of the rOOII. Council Nellber Clayton suggested that zoning and historical use of th ■ Quincy Fire Station be checked; also that consideration be given to the surrounding nalghbors as to this proposed use. 15. Adjourrant COUNCIL 11EN1ER KOLTAY IIOVED TO ADJOURN. The 111etlng adjourned at 9;45 p,■,