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HomeMy WebLinkAbout1990-09-17 (Regular) Meeting MinutesEN8LElfOOO CITY COUNCIL ENGLElfOOO, ARAPAHOE COUNTY, COLORADO Re9ul1r Session S.pt..,.r 17, 1990 1. Call to Order The regular ••t i ng of the Englewood C1ty Council was cal led to order by Kayor Pro TH Habenicht at 7:30 p.■. 2 . Jnvocat1on The Invocation was given by Cou nci l Metnber Wigg i ns . 3. Pledge of Allegiance The Pledge of Allegiance was led by Kayor Pro Tem Ha~nlc:l1t. 4. Roll Call Present: Absent : A quorum was present. Also present: 5. Minutes Counci l Kelllbers Hathaway , Kolta.y, V1gg1ns , Bullock , Chyton, Haben i cht Counc11 Heniber Ya n O_yke C1ty Manager Fraser Ci ty Attorney DeWitt City Clerk Crow Director Free■•···, f lnanc h 1 s", ~ 1 ... i•s Director Fonda , Ut111t1es Director Wanush , Co11111Unity Qev~:opment (a) COUNCIL NENIER HATHAIIAY IIOYEJI , AND IT WAS Sl'.COll>C, TO APPROVE THE NJIIITES OF THF. P.HULAR NEETINli OF SEPTDIIER 4, lHO. Ayes : Council Keabers Koltay, Ha t haway , Wiggins , Bullock, Clayton, Habenicht ~ays : None ~bsent : Council Mellber Yan Dyke Mot i on carried. 6 . Pre-scheduled Visitors There were no pre-scheduled visitors . Engl1W00d City Council Minutes SeptN1ber 17, 1990 -Page 2 7. Non-sche~uled Visitors There were no non -scheduled ~lsltors. 8. Comuntcat1ons and Procl1111atlons (a) COUIICIL MEMBER KOLTAY MOVED, AND IT WAS SECONDl:D, TO DECLARE THE WEEK OF SEPTEMBER 17 THROUGH 23, 1990 AS "CONSTITIJTIOM WEEK,• Ayes : Council Members Koltay, Hathaway, Wigg i ns, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carried . 9. Consent Agenda Council Member Hathaway requested that Agenda Item 9(a) be wlthdr~wn from the Consent Agenda for further discussion. She explained that she had been ad - vised by Comissioner Armstrong of the Parks and Recreat i on Co11111lsslon that the Comlssion had not discussed or approved the one-year limit for appoint - ments of youth members to the Conmisslon . She deferred the matter to Council Members Clayton and Wiggins, both of whom serve on the COffllliSsion. Council Member Clayton stated that there was some question on the part of the Commis- sion as to whether It was necessary to limit the number of terms of a youth member and the Co111111sslon did not concur that terms should be limited. There- fore, the Cornnlssion has requested that Hr. Clayton convey to Council that the Co11111lsslon recomends the limitation be removed. Mr . Wigg i ns stated 1t was his understanding that the Com1ssion did not want youth members to serve more than one term thereby giving 'nore youth the opportunity to participate . However , Mr. Wiggins said he was not present at the last COfflll1ss i on meeting when the matter was further considered. Mr . Clayton offered that the current position of the Commission is that they agree that one term is not necessarily a bad Idea, they also feel that there may be an occasion where one member may h3ve done an exceptionally fine job and there might not be an applicant avail· ab 1 e. The Conmi ss ion 1 s cogn I zant of Council 's author! ty not to reappo1 nt someone to a second tenn if that should be Council's decision. The Clerk was asked to read Council Bi ll No. 40, entitled: COUNCIL BILL NO. 40, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 4, SECTION I OF THE ENGLE- WOOD MUNICIPAL CODE 1985, RELATING TO PARKS AND RECREATION COMMISSION YOUTH MEMBERS TERMS. COUNCIL NEMBER CLAYTON MOVED COUNCIL BILL NO. 40, AND IT WAS SECOfl)ED, COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED , TO ANENO COUNCIL BJLL NO. 40 TO STRIKE THE WORDS "MO NORE THU ONE TERN• FRON THE SECOIII PARA&IIAPH OF SECTION 2-4-1, INSERTING THE WORD •· ''UIS" IN THE FOURTH LINE OF THE SANE PARA- IRAPff I THE SENTENCE BEING ANEll>El) READ: "THE TWO (2) ADDITIONAL MEMBERS 0 Englewood City Council N1nutlls S.pteakr 17, 1990 • Page 3 IIIIER THE A&E OF EIGHTEEN (18) YEARS SHALL IE APPOINTm FDR TERNS TO EXPIRE Otl JUNE I IN THE FOLLOWING YEAR," Council Me111ber Bullock, who originally Introduced Council b,11 No. 40, con- curred 1n the suggested lffll!ndment. Counci 1 Metnber Hathaway st.t.ed she agrees with the concept of opening up the opportunity to as 1111ny students as pos- sible, but in reality there 1s not always an abundance of applicants; there- fore, we should . not preclude a qua 11f1ed , Interested student from serving more than one term. Vote results on amendment to Council B111 No. 40: Ayes: Counc11 Members Koltay, Hathaway, W1gg1ns, Bullock, Clayton, Habenic ht Nays: None Absent: Counc i l Member Van Dyke Motion carried, and Council B111 No. 40 amended. Vote results on appro val of aNended Council 8111 No. 40: Ayes: Council MeNbers Koltay, Hathaway, W1991ns, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Yan Dyke Motton carried. Council 8111 No. 40 as amended and approved on second read• ing, to be republished as amended. 10. Public Hearing Mayor Pro Tem Habenicht announced a public hearing will be held to gather citizen Input regard i ng the City's 1991 budget. She explained the public hearing will be followed by a Council budget workshop during which all com- ments Nade by the public will be taken into consideration. The first reading of a bill for an ordinance approving the budget ts scheduled for November S, the second reading on November 19. The mill levy is to be certified to Arapa- hoe County on or before December 15. Mayor Pro Tem Habenicht invited citizens to attend and participate In the Town Meeting scheduled for Wednesday, Septem- ber 13, 1990, 7:00 p.m. at Colorado Finest Alternative High School, 2323 West Baker Avenue. Comments concerning the 1991 budget may also be made during the Town Meeting. Ms. Habenicht assured the audience that the budget is a "pro• posed" budget with nothing having been •cast In stone.• COUNCIL NEIIBER HATHAIIAY NOYED, AND IT WAS SECOlllm, TO OPEN THE PUBLIC HWING TO RECEin CITIZEN INPUT CONCERNING THE CITY'S PROPOSED 1991 BUDGET. Ayes: Council NeNbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carried. The following Individuals offered suggestions concerning the proposed budget: John Peterson, 3963 South Cherokee Street, Chairman of the Engle111 ,.1od Publ le Advisory Committee, made a strong plea concerning the poss 11lle Englewood City Council K1nutes 5epteaber 17, 1990 -Page 4 reduction of library services a~ a result of the budget cuts, In particu- lar how those cuts would affect the Booknlob1le . Hr. Peterson presented 1 collage prepared by the students of All Souls School, 1 etters fro11 the public scllool classes In Englewood, all unanimous In their request to I"\ preserve the Bookrobtle . He explained that across-the-board cuts are I having a particularly bad effect on l lbrary services. He offered that l the level of services 11ro~·ided t,y the 11 brary should be regarded u sacrosanct. He expr!lssed frustration that It Is necessary to speak on behalf of the library, as In h~s or in1 on the library Is the most valuable service provldl!d by the City. He wh;ilaheartedly urged Council to refrain from any cuts In the library budget, and suggested an Increase In the budget . !Ir, P .. terson confirmed that the library Board Is reconmendlng that Councn 11.crease for one year only the mill levy (l.5 mills) to pro- vide ear·ma • \,d funds for l lbrary uses, I.e., purchase and staffing of a n2w book;:101 ,;1e, uograde of materials and fac111tles In the main library. Hr. Petersen stressed that the fun~s raised by such a mill levy Increase would be In addition to the normal budget appropriation. Pat Kart1net, 41i'?O South Inca Street, stated that the bookmobile is a plus to th t> con!,,unlty . She expressed Interest In saving it for the seniors ana children of F.nglewood, now and in the future. She presented petitions with 1,158 si •~natures. Upon questioning, she stated she would be in favor of a tzx increase In order to save the Bookmobile. It was certified for the record that 1.5 mills would mean an approximate increase of $15.00 on a $60,000 home . Ricky Trojan, represent1ng St. Louis School, 3301 South Shannan Street, ~xplalned ih~ concerns of the eighth ~rade students at St. Louts School about the di~contlnuance of ttie bookmobile. He offered petitions with over 400 sl 3natures, a 11 In support of the cont i nuat I on of the Book- mobl le. A large contingency was present who supported this plea. Sally Jank.Ins, 4501 South Galapago Street, on behalf of Clayton Elemen- tary School parents, stated they would like to see continued funding for the Bookmobile. She submitted a petition containing approximately 100 signatures. She offered a personal testimony about the services of the Bookmobile, in particular for Adeline Czarny, Bookmobile librarian. Karta Berbube, 4301 South Elatl Sti eet, on behalf of the students of Clayton Elementary, stated It was sad to even consider cutting this valu - able service . She felt It quite important for parents to stand up for somettiing as important as reading, especially In light of reported 11- 1 iteracy. Letting the Bookmobile go would be taking away reading oppor- tunities from the kids of Englewood. Bill Glenn, 4085 South Washington Street, representing the fifth grade at St. Llluls School, Informed Council that If the Bookmobile 1s discon- tinued, a lot of Englewood citizens will be unhappy. He suggested ttiat the Bookmobile be paid for by increasing sales tax by one cent. He con- cluded by remarking "Don't be a nerd -save the bird." Englewood City Council Mlnut•s Sept•ber 17, 1990 • Page 5 Patty L. Klepper, 2674 South Hoyt Street, offered a brief historical record concerning the establishment of Englewood's functional cri11111 lab. She shared cri111e statistics which showed Englewood as having 118 crimes per 1,000 population, the highest for Colorado cities with over 10,000 population. She made a strong plea for the retention of her husband's position as a Police Crl1111 Lab Specialist, this being one of the posi- tions to be cut ff the proposed budget Is adopted. Robert Stef, Englewood Police Department, representing the Englewood Police Benefit Association, presented a letter from the Association con- cerning the proposed elimination of the Crime Lab Specialist position with the Englewood Police Department. Officer Stef stressed the need for Mr. Klepper's expertise, stating that losing him would be a "tragedy to the Department and to the City.• He strongly requested Council's consideration. Lois Lighthall, 2945 South Logan Street, regarding the Bookmobile, re- ferred to Agenda Item 11 (d). This agenda item Is a recornnendatlon to approve a resolution approving purchase of land to be used as an "entry- way" Into Englewood, with appropriation of funding for this transaction. She suggested this money be utilized to save the Bookmobile rather than for landsc1ping of an entryway into the town . Marge Hoelter, 4460 Elati Street, spoke concerning the services provided by the Fire Division. She urged Council to consider the first proposal of the Fire Services Delivery Co111Dittee to maintain the status quo In the Fire Division, I.e., four fire stations with two rescue units. Katherine Clayton, 8042 South Jay Drive, Littleton, expressed concern about the City's values In considering the discontinuance of the Bookmobile. Council Member Koltay responded to Ms. Clayton's concern, explaining that Council has had no real discussion about keeping or eliminating the Book- mobile. NG decisions have been made concerning any of the cuts proposed by departmental staffs In their efforts to present a budget In line with expected revenue. The purpose of the public hearing Is for Council to hear citizens comments and concerns relative to the 1991 budget. Ms. Clayton asked that Council "listen to the public in this matter." There being no other citizens wishing to address Council on the subject of the 1991 operating budget, Mayor Pro Tem Habenicht declared the public hearing closed. COUNCIL MEMBER HATHAWAY MOVED, AND JT WAS SECONDED, TO RECESS FDR TEN MlNUTES. 1\yes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Mot i on carried . * • * * * Englewood City Counc11 Minutes SeptHber 17, 1990 -Pav• a The 111eettng reconvened at 8:40 p.m. with the following ~embers present: Present: Absent: Council Members Ko l tay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Council Member Van Dyke C1ty Manager Fraser requested an opportunity to present a resolution comend • tng Margaret Freeman. COUNCIL MEN8ER HATHAWAY NOVEO, AIID IT WAS SECOIIIED, TO SUSPEND THE RULES TO BRING FORWARD AIIEHDA JTEN 13 -CITY MANAGER'S REPORT. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carried. 13 . City Nana91r's Report (a) Hr. Fraser requested Margaret Freeman to join h1m at the podium. He offered a resolution honoring Ms . Freeman for her past 20 years of service to the City and offering congratulations on her new postt1on as Director of Revenue, City of Sacramento, California. Mr. Fraser read the resolution 1n Its entirety. The resolution was assigned a number and read by title: RESOLUTION NO. 70, SERIES OF 1990 A RESOLUTION HONORING MARGARET FREEMAN FOR HER OUTSTANDING SERVICE TD THE CITY OF ENGLEWOOD. MAYOR PRO TEN HABENICHT MOVED, AND IT WAS UNANIMOUSLY SECONDED, TO APPROVE RESOLUTION NO. 70, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carrl2d. Ms. Freeman was given a standing ovation and commended by Council Member Clayton for the quality of information consistently provided by Ms. Freeman. 11. Ordinances, Resolutions and Motions (a) Di rector Freeman presented a recommendation from the Department of 0 Financial Services to adopt a b111 for an ordinance amending the Englewood Municipal Code as it pertains to investment of municipal funds. Ms. Freeman further explained that It would be appropriate to approve the City's Invest- ment Policy by motion. She stated the submitted policy provides more specific guidel Ines and Is an enhancement of the current policy. The City Clerk was asked to read Council Bill No. 43 , entitled : COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER KOLTAY Engl.wood Ctty Council Ntnut1s S1ptlllblr 17, 1990 -Page 7 A BILL FOR AN ORDI~ANCE AMENDING TITLE 4, CHAPTER 1, SECTION 2-A OF THE ENGLE- WOOD l'IJNICIPAL COOE l9BS, BY ALLOWING INVESTMENTS IN THE COLORADO LOCAL GOVERNMENT LIQUID ASSET TRUST. COUNCIL MENIER KOLTAY ROVED, AND IT MAS SECOfl>ED, TO APPROVE ON FIRST READJNI COUNCIL IILL NO. 43, SERIES OF 1990. Ayes: Counc11 Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carried. COUNCIL NEfllER CLAYTON IIOYED, ANO IT UAS SECOll>ED, TO APPROVE THE CITY OF EN- &LDIOOD INVESTMEHT POLICY DATED SEPTEMBER e, 19110. Ayes: Council Members Kolhy, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motion carried. Council Member Bullock suggested that guidelines be developed concerning the selection of an Investment advisor. (b) Director Fonda presented a reconmendatlon fro111 the Utilities De - partment to adopt a bill for an ordinance approving the line charges set forth In the previously approved Basin Interceptor Agreement. The line charges will help fund the projects on the Big Dry Creek Basin Interceptor as set forth In the agreement. Mr. Fonda further explained that the surcharge would be $300 per sewer tap for new connections to the Interceptor. The proposed main- tenance charge was discussed. Mr. Fonda will endeavor to present Information on the maintenance charge In the near future so that the charge can be es- tabl tshed prior to the possible passage of the Tabor Amendment, a tax limita- tion ballot question. City Attorney DeWitt cornnented that It would be better to have the maintenance charge In place before the election; however, as the approved interceptor agreement envtstoned this particular expense, he did not foresee a problem. The City Clerk was asked to read Council Bill No. 42, entitled: COUNCIL BILL NO. 42, INTRODUCED BY COUNCIL MEMBER BULLOCK A BILL FOR AN ORDINANCE APPROVING A SEWER TAP FEE SURCHARGE FOR PROPERTIES THAT CONNECT TO THE BIG DRY CREEK INTERCEPTOR BY AMENDING TITLE 12, CHAPTER 2, SECTION 8, SUBSECTION 8), OF THE ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING SUB- SECTION 3. COUNCIL NENBER BULLOCK MOVED, ANO IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 42, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, Wtggtns, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Motton carried . Englewood City Council Kfnutas Sapt111ber 17, 1990 -Page B (c) Director Wanush presented a reconnendation from the Department of Connunity Development to adopt a bill for an ordinance transferring $175,000 to the Englewor.d Housing Authority for the continuation of the Housing Rehabilitation Program. Hr. Wanush explained this is grant money the City has j received from the State Department of Local Affairs for the specific purpose ' of housing rehabilitation . The City Clerk was asked to read Council 8111 No. 41, ent1tl ed: COUNCIL BILL NO. 41, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE APPROVING TRANSFER OF FUNDS APPROVED BY THE STATE DE- PARTMENT OF LOCAL AFFAIRS FOR THE CITY OF ENGLEWOOD, FROM THE CITY TO THE EN- GLEWOOD HOUSING AUTHORITY FOR THE ADMINISTRATION OF THE CONTINUING HOUSING REHABILITATION PROGRAM PURSUANT TO AGREEMENT. COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING COUNCIL BILL NO. 41, SERIES OF 1990, Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht Nays: None Absent: Council Member Van Dyke Hot ion carr I ed. (d) D1 rector Wanush presented a recommendation from the Department of Community Development to adopt two resolutions -one authorizing the purchase of a vacant parcel of land on Broadway (lots 44 and 45, Block l, Englewood Addition known as 3415 South Broadway) and one authorizing the appropriation of funds necessary for the transaction . Mr. Wanush explained that the loca- tion of the property would prov i de an excellent entryway into the Urban Renew - al project at a fairly reasonable price -$37,500. The land has been ap- praised and an environmental study is in the process, The resolution au- thorizing the purchase was assigned a number and read by title: RESOLUTION NO. 71, SERIES OF 1990 A RESOLUTION APPROVING A CONTRACT TO PURCHASE A VACANT PIECE OF PROPERTY LO- CATED AT 3415 SOUTH BROADWAY, ENGLEWOOD, COLORADO. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 71, SERIES OF 1990. Council Member Koltay raised some questions concerning the proposed use and cost of the land. Council Member Hathaway mentioned further, that the pro- posed use for the vacant land has been discussed many times by the businesses in the inmedlate area and those businesses are supportive of this action: that It is Important for the City to make commitments to the business connunity in the downtown area. Discuss i on l!nsued concerning the proposed use and the descriptive wording on the agenda Itself. EnglMIOOCI City Council Minutes S.pt•ber 17, 1990 -Page 9 Vote results: Ayes: Nays: Absent: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht None Council Me11ber Van Dyke A resolution approving the appropriation of funds for the purchase of this property was assigned I n11111ber and read by title: RESOLUTION NO. 72, SERIES OF 1990 A RESOLUTION AMENDING THE BUDGET OF THE DEPARTMENT OF COMMUNITY DEVELOPl1ENT/ GENERAL FUND . COUNCIL MEMBER HATHAWAY MOVED, AND IT MAS SECOll>ED, TO APPROVE RESOLUTION NO . 72, SERIES OF 1990. The estimated costs for the appraisal, environmental study, and misce llaneous expenses were explained. Mr. DeWitt stressed need for the preli11inary en - vironmental audit . It was suggested the City take steps to ensure the vacant property Is seeded for grass until more definite landscaping is approved. Vote results : Ayes: Nays: Absent: Notion carried. 12. General D1scuss1on Council Members Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht None Council Member Van Dyke (a) Mayor Pro Tern Habenicht Inquired 1f a tally of signatures had been kept of those persons supporting the retention of the Bookmobile . City Man- ager Intern Reid supplied that number -1,658. (b) Council Member's Choice (1) A bill for an ordinance establishing a special "Envlronniental Fund" for the use and benefit of recycling revenues and grants was considered. Council Metllber Hathaway asked why the bill was being presented without an as- signed Council Bill number . City Attorney DeWitt stated that his office had not seen the Council Bill until it appeared on the agenda . He conflnned that the bl 11 has now been assigned No. 44 . He stated It is preferred th1t the City Attorney Issue council bills to make certain they are In the correct for• mat and contain correct dates and Code cites. The Ci ty Clerk was asked to read Council Bill No. 44, entitled: COUNCIL BILL NO . 44, INTRODUCED BY COUNCIL MEMBER KOLTAY Englewood City Council M1nutts Stptaaber 17, 1990 -Pagt 10 A BILL FOR AN ORDINANCE ESTABLISHING A SPECIAL FUND FOR THE CITY OF ENGLEWOOD TO BE KNOWN AS THE "ENVIRONMENTAL FUND" FOR THE USE ANO BENEFIT OF RECYCLING REVENUES AND RECYCLING GRANTS. COUNCIL NEl'IBER HATHAWAY 110vm, AND IT WAS SECDNDm, TO APPROVE ON FIRST READ- ING COUNCIL BILL NO, 44, SERIES OF 1990. Council Member Hathaway explained that she sees the establishment of the spe· cial fund to provide a means of tracking grant funds for the recycl 1ng pro- gram. In addition 1t provides an opportunity for the C1ty to continue Its environmental corrmitment If additional grant funds or contributions from other entities are received . C1 ty Attorney DeWitt confirmed that the proposed ordinance wi 11 accompl 1 sh Council's intent. Council Member Clayton questioned the need for a special account to track the grant money. He also questioned what all 1s included in "environmental and recycling projects." City Manager Fraser concurred with some of Mr. Clayton's corrments explaining, however, that Council clearly has the authority to establish a separate fund. The use and restrictions of the special fund were discussed prior to the final vote. Vote results: Ayes: Nays: Absent: Hotton carried. Council Members Koltay, Hathaway, Wiggins, Bullock Council Members Clayton , Habenicht Council Member Van Dyke Mayor Pro Te11 Habenicht explained her "nay" vote was based on the arguments presented by Mr. Clayton and the fact that there had not been t1me to clearly define the issue. She stated recycling Is an excellent idea and the symbolic statement is ve r y positive . Council Member Clayton explained his "nay• vote stating he feels establishing the special fund Is unnecessary and burdensome for what we wish to accomplish. (11) A resolution concerning a reappointment to the Englewood Downtown Development Authority was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 73, SERIES OF 1990 A RESOLUTION RATIFYING THE REAPPOINTMENT OF DAN GREEN TO THE BOARD OF DIREC· TORS FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL NEllBER HAT!IAWAY MOVED, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 73, SERIES OF 1990. Ayes: Council Members Koltay, Hathaway, W1gg1ns, Bul l ock, Clayton, Habenicht 0 Englewood C1ty Counc11 N1nutes Sept•btr 17, 1990 -Page 11 Nays: None Absent: Council Member Van Dyke Motion carried. Mr. Green's appo l ntnent will expire June 30, 1994. (111) A resolution concerning a reappointment to the Englewood Downtown Development Authority was considered . The resolution was assigned a number and read by t i tle: RESOLUTION NO. 74, SERIES OF 1990 A RESOLUrl~K RATIFYING THE REAPPOINTMENT OF GARY OXMAN TO THE BOARD OF DIREC- TORS FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. COUNCIL MEMBER HATHAWAY NOVEO, ANO IT WAS SECONDED, TO APPROVE RESOLUTION NO. 74, SERIES OF 1990. Ayes: Nays: Absent: Motton carried. Mr. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht None Council Member Van Dyke Oxman's appointment wil l expire June 30, 1994. (tv} Council Member Hathaway reminded those present of the Town Meeting scheduled for September 19 -7:00 p.m., Colorado Finest Alternative High School. She advised that Paul Meyer will be honored as Recycler of the Year, and members of the Fire Services Delivery Coantttee have been Invited to receive public appreciation for their work on the conrnlttee. (v) Council Member Koltay referred to his recent request concern- Ing trash along Mansfield, and also a request made by Gary Price, Englewood High School, th4t Council should again look at restrictive parking on Mans• field west of Logan which would allow City street sweepers better access to the area. Mr. Koltay r equested that staff review with Council restrictive parking on Mansfield west of Logan as well as the 3900 block of Logan Street. (vi) Council Member Wiggins offered an apology to Sentinel Editor Munds for comments made at the September 4, 1990 Council meeting . (vtt) Council Member Clayton offered two observations for Coun- cil's contemplation: (1) how deficit spending affects govern111ent securities upon which the City 's Investment policy depends, and (2) the consequences which can result from the Tabor proposal, Amendment No . l. However, he stressed the need to consider the impacts our fiscal policies have on the com- munity and Its businesses. These conments by Mr. Clayton led to a discussion of the anticipated report of the Council Revenue sub-conrnlttee. The need to have the report(s) submitted prior to the budget workshop was stressed. Mayor Pro-Tell Habenicht assured Council she would discuss scheduling this with Mayor Van Dyke. (viii) Council Member Bullock informed Council he had recently spoke about recycling at the Centennial forum, specifically about the SMART grant recently awarded to Englewood . Englewood City Council Nlnut1s S1ptN1bar 17, 1990 -P1g1 12 (ix} Council Member Wiggins advised Counc11 that he and Council Members Clayton and Habenicht recently attended an open hearing of the State Highway Department. He is pleased to report that three Englewood projects are included In the top 10 priority list: i.e., 7 Hampden/Ithaca Cuplet Broadway Underpass (US 285} Santa Fe (from Iliff to Church}. The next meeting of the Highway Commission 1s October 3, 1990. .,_) (x) Mayor Pro-Tem Habenicht and Council Member Hathaway wi 11 be in attendance September 18th when the SMART grant is presented to Englewood/ Littleton from the Office of Energy Co11111isslon. 13. City Nanager's Report (a) This Item was moved forward; see Page No. 6. 14. City Attorney's RePort (a) Hr. Dewitt provided Council with a status report on the acquisition of the St. Louis property. (b} With regard to the Lowry Landfill matter, he infonned Council that the Municipal Settlement Policy does not apply pursuant to Hill and Robbins, special attorneys. The matter was discussed at length. (c) Mr. DeWitt advised Council that a settlement had been reached In the Leydon matter. This settle~ent is within the constra nts set by Council. Mr. DeWitt briefly advised Council of the details of the agreement as follows: Leydon wll l be reinstated as a First Class Patrol Officer on Hay 4th, 1991 with full credit between December 14, 1984 an~ May 4, 1991; he will terminate his employment with the City as of May 4, 1991 with 2S years of service; the City will pay Leydon the sum of $45,692 in lieu of damages, backpay, compensa- tion, benefits (except for pension}; with respect to the Pension, the City will pay to the pension fund the sum of S47,941.12 which represents Leydon's contribution from December 14, 1984 through Hay 4, 1991; tn addition, Leydon will pay into the Pension Fund the sum of Sll,480.16. Leydon shall receive the pension after Hay 4th. Leydon releases and forever discharges and holds harmless the City, its officers, its agents, etc., for whatever situation may have occurred as a result of the termination. All payments are to be made by both parties within 30 days of the date of signing by both parties to the agreement. Hr. DeWitt stated he had discussed this matter with S011'8 members of the Police Pension Board. Mr. DeWitt offered that this settlement rep- resents a compromise for both sides. En91 IIIIDOCI ct ty Counc:11 111 nutn Stptlllblr 17, HIO • Page 13 15. Adjourraent COUNCIL NEIIIU lOLTAY IIIOYED TO AD.JOURN, The 1111et1ng adjourned at 9:45 p.m.