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Home My WebLink About1990-01-08 (Regular) Meeting Agenda• • • • January 8, 1990 City Council Regular Meetin g 0 • - • • 0 0 I 3 I • I I I . . Agenda Originating It e. De arh1ent SA FINANCE 7 CMCR 9 CMGR 10 CMCR 11 R 12 )4 • - CITY CCUICIL AliOI)A STATUS REPORT FOil THE JAIIUMY 8, 1990, CITY CCUICIL NEETIN& Descri tion Action Taken Follow -u COUNCIL MINUTES 12/18/89 KOZACEK/HATHAWAY APPROVED 7-0 COPIES TO BE DISTRIBUTED SWEARING IN OF N£W OFFICIALS 8Y JUDGE CRISWEll ELECTION OF ~YOR VAN DYKE HATHAWAY I &GINS APPROVED 7-0 El CTION OF ~YOR PliO TEM HABENICHT • VIGGI /IUllOCK APPROVED 7·0 PERMANENT (ATJ ASS I TS LEFT TO RIGHT : PR SENTATI KOI.TAY, HA Y, VI&GI , VAN DY , HA8£NJCHT, CLAYT • 80LLOC TO lACE I BY Tl T ) • I • • • .. • 0 15 CMGR DESIGNATION OF LEGAL NEWSPAPER -APPROVED 7-0 NONE ENGLEWOOD SENTINEL HATHAWAY/HABENICHT 16A CMGR PHILIP LUCERO DISCUSSED ODOR STAFF DIRECTED TO REVIEW PROBLEMS AT WTP ALTERNATE SOLUTIONS; DIRECT PHONE LINE TO BE AVAILABLE FOR C<JtPLAINTS & INQUIRIES 16B CMGR RUDOLF TISCH , LIQUOR BARN MR . TISCH, CMGR, AM> SAFETY DISCUSSED PAOBlEMS WITH FALSE ALAAN ORDINANCE SERV . DIRECTOR STANLEY TO NEE T AM> REVIEW PROBLEMS 16C OliR EUGENE NORMAN, 4239 S. CiALAPAGO, IOE REQUEST£0 CW.Cil TO INTERCEDE ON HIS BEHAlF WITH PRESID£1fT lUSH; VARIOUS OTHER REQUESTS 160 OliR JANE SCtiiACICO.IICER ACCEPTED PROC. APPROVED 7-0 IOE 1/15/90 MRTIII LIITH£R KING ~y (AGED ITEM IIC D£0 Fa.NO, NOTICII TO APfiAOVE PIOCLAMTICII IY HA'OWMY/HAIOIICHT 17A R BETTY ACKER, 3140 50. DEL • ASlED SUPf!OlT T TO REPEAl POlii>STCII£ ME. T lSA ACCEPTED 7-0 Of CHJLO APPRO¥ 0 7. 0 IT I 0 19A 19B 19C 19D 19E 19F 19G 19H 191 Zl A 218 21C LIBR/RECR CQIIII DEY LIBR/RECR CQIIII DEY CMGR CMGR CMGR CMGR LIBIVRECR SAF.SERY. fl • • PARKS & RECR. COMMISSION MEETING 12/14/B9 EURA MEETING 12/13/89 PUBLIC LIB. BOARD MEETING 12/12/89 PLANNING l ZON ING MEETING 12/6/89 WIGGINS/CLAYTON ) ) )ACCEPTED 7-0 ) ) CB 146 .1 (AGE/RESIDENCY REQUIREMENTS) TABLED 6-1 (CLAYTON) CB 146 .2 (RESIDENCY REQUIREMENTS) TABLED 7-0 ~ CB 147 INTRO. BY CLAYTON; AMOI>ED APPROVro 6-1 TO BE A BALLOT QUESTION "NEXT (HAB£NICHT) SCHEDULED REGULAR MUNICIPAL ELECTION" CLAYTON/KOL TAY ~ORD.Il (CBI48 -INTRO BY HABENICHT/ HATHAWAY) RE : BALLOT QUESTION RE COUNCIL INSURANCE BENEFITS All) . Z (CB 49 · INTRO BY HABENICHT) AGRE~ NT II/ ARAPAHOE LI8R . DISTRICT (KOLTAY/CLAYTON) ~CB l INTRO . 8Y HABENICHT I COO£ POSS S JON (HAl NJ CHT IGGI ICE ) ) ) ) APPROVED 7-0 ) ) APPROVED 7-0 APPJIOV 0 7 0 APPRO¥ 0 7·0 0 NONE NONE AT THIS POINT . NONE AT THIS POINT TO BE R£PUBLISHED AS AMENDED ON 1/18/90; SECOfl> READING Z/5/90 PU8LISHro ON FINAL 1/11/90 ; TO BE INCLUDED ON SPECIAL ELECTION BALLOT PUBliSHED ON FINAL 1/ll/90; LIBR DIR TO SECUR SI GNATUR ES l FILE COP WITH CITY CLE TO 8£ PU8LJ D l/ll/90: SE AOJ 2/5/90 lA ZlO Z1E UTIL/WTP Z2A Z3A CATTY Z3B CATTY Z4A l Z4 tt • • • APPROVED 7-0 ~ESO. IZ ESTABLISHING SALARIES FOR JOOGE l ASSOCIATE JUDGES FOR 1990 JUDGE -$55,571; ASSO. JUDGE SZSO PER DAY BULLOCk/KOl TAY fi>TJON TO APPROVE VALUE ENGR. STUDY PHASE lA OESI~. CMP DRESSER l fr:KEE (HABENICHT/HATHAWAY) COUNCIL ADVISED THAT JANITORIAL SERVICE CONTRACT IWl BUN CMCELL£0 DUE TO NON -PERFCIIM:E; 211> LCM:ST Blll0£R GIV£JI CC*TRACT. /c11z, IIITRO. BY HAIOUCHT APPROVUIG S£TTLOOT W/COOfH 011 ALL£JI tMTER TltEATJOT PlMT 01--. HABENICHT/HAT~Y W£SlEY l RMITM STS ., tWM:1DUS WASTE CGIS£JT ACRE T HA~Y/KOl.TAY fMYOR APPOINTED IUllQa AS R£PR£S£11TATIV TO EUU T £0 ClA • • APPROVED 7-0 APPIIOVED 7-0 TAilED 7-0 IAT OPPOl ITY TO 0 RESULTS OF SURVEY OF JUDGE'S SALARY TO BE REVIEWED IN FEBRUARY FOR POSSIBLE AOJUSMNT UTIL/WTP DIR TO PROCEED WITH STUDY; FILE COPY OF CONTRACT WITH CITY CLERK NONE TO 8£ PUBliSHED 1/11/90; SECOND READING Z/5/90 TO 8£ RECONSIDERED 1/"90 TO WfTH I. C1ll to Order • • - EJI&L£11000 CITY COUIICJL EJI&L£11000, ARAPAHO£ CCUfTY, COl.OitADO btular Session .January 8, 1990 The regul1r ~eting of the Englewood City Council w1s c1lled to order by M1yo r Vin Dyke 1t 7:42 p .m. Z. Jnvoc1t ion The invoc1tion w1s given by Council Me.ber Kolt1y . 3. Pledge of Allegi1nce The Pledge of Allegi1nce w1s led by Miyor Yin Dyke . 4 . Roll C11l Council "--bers Hlthaway, Koltay, Koza cek, Byrne, Habtntcht, Clayton, Van Dyke Absent : None A quoru. was present . Also present : City Minager Fraser C ty Attorney ltt C ty Cl r Crow Director fonda, Ut 1ft es P Director Stanley, Safety Strvic s 01 tor f , f n 111 Servlc S. nut s c I . Englewood City Council "inutes January 8, 1990 · Page Z • • • (a) Council Member Byrne stated she was honored to serve the community, and she had enjoyed working with the aany fine e.ployees of the City to pre- serve and i~rove our residential areas and to keep City government open and accessible to aake Englewood a really nice place to live. (b) Council Metlber 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 re.aining council -.mbers as well as the two new -..bers, stating they had a lot ahead of the.. 7. City Clerk Crow read the 1 ist of newly elected Council Metlbers ilnd Municipal Court Judge: Council Me.ber At -large Tt• Bullock Council Me.ber, District II Susan Van Dyke Council Me.ber, District IV Clyde E. Wiggins Municipal Judge Louts J . Parkinson The newly elected officials were sworn tn by the Honorable John A. Crts 11, Judge, Court of Appeals . a. Mellbers of the City Council were t-.,orarfly seated and Cha i rperson Va Dyke requested roll call . Preset~t : A quoru. was present . Council .....,_rs Hathllfay, IColtay, Wlgg ns , Bu ll oc , Clayton, Kabenlcht , Yan Dyk 9 . Chairperson Van Oyk called for no.tnatlons for the offi ce of Mayor . Y -IMTII IUUI WM 1M£ Tl SUM AS MYII. CGUIICIL n•. CGUIIC ll IMTMMMY 110m) TN£ ulloc JO . I . .. Englewood City Council Minutes January 8, 1990 -Page 3 • • • The Mayor declared the 110tion carried and Alex Habenicht duly elected Mayo r Pro Tem. 11. Penaanent seating was agreed upon. 12. Mayor Van Dyke presented tokens of appreciation to the retiring Council ~rs. City "Mark" plaques were presented to Gary L. Kozacek for serving as a Council Me.ber fro. January 1986 through January 8, 1990 and to Erica Byrne for serving as a Council Me.ber fro. June 20, 1988 through January 8 , 1990 . In addition each was presented with a photograph of the Englewood Plaza water - way as a personal gift fro. Mayor Van Dyke. Mayor Van Dyke also presented to the other council ~rs copies of the sa-. photograph as a personal .a.entu.. Mayor Van Dyke announced she is present ing the City with a larger version of the sa.e photograph and wished to urge the City to display it along with .any of the awards which have been presented to the City for iiiiProv .. nts to little Dry Creek and the downtCMI area . 13 . Recognition was given to the fa.il fes, friends and guest s of the new ... _ bers of City Council. Council flllll)er Wiggins Introduced his wife Ruth , daughter-· and CMipaign .an•r Gary Dounay. Council ....,_r Bullock intro - duced his wife linda, his parents Ann and Noel Bullock, and CMipaign .anager Anna Marte Kratzner. Mayor Van Dyke .-.cognized a few of her friends and neighbors -Elaine and Michael Fisher -Steinberg and their chtldr.n Andrea and David, Patty ~. Trf~le Russell , Jay Juliano and left Straftt . She also ex - pressed thanks to others .-ho were present for thetr past and continued support. Council .... r Habenicht , newly elected Mayor Pro T•, Introduced her husband Chuck, her daughters Stashta ar~ Tania, and Stashfa 's friend Scott Miller. 14 . Counct1 Mellber Hathway advised that the followf"9 asst.-nts to boards and co.hstons had been ac cepted by the varf«H~s councfl llellbers : rlty , I • Englewood City Council Minutes January 8, 1990 -Page 4 SuSiln Van Dyke City/School Ca..ittee Clyde Wiggins Roger Ko 1 tly Denver Regional Council of Govern.ent Rita Hathaway, Delegate • • • Ti• Bullock, Alternate Colorado Municipal league Policy Ca..ittee Willi• Clayton, Delegate Alex Habenicht, Alternate Malley Center Trust Fund Rita Hathaway Econo.ic Oevelo~nt Coalition Susan Van Dyke ••••• CCIUIICIL ._. IIATIIMMY M¥0, -IT IllS sa:a.ED, TO DUEl ,_ -.aA PllO- CEIIUI£ TO ClEAT£ --ITDI 14(a) -SIUIAL ~ITI. OF M,_ VM Dft£. Ayes : Council ~rs Koltly , Hathaway, Wiggins , Bu ll ock , Clayton, Habenicht , Van Dyke Nays : None ""tton carried . 14. (a) Elaine Fisher and other ....,.rs of the C-ittee to Reelect Susan Van Dyke congratulated Mayor Van Dyte on her reelectiOfl to City Counc 1 and appoint.ent as Mayor . They pres.,.ted Ns . Van Dyte with her photograph ich had been on displly at NaJCWell Studio . Ns . Van Dyke extended her appreciat ion both for the gift and for the support she had received fro. this group . • • • • • CCIUIICIL ._. IIAIDIICiff M¥0, -IT IllS so:-.., TO TM£ A •ru l£t£SS. ~es : Council rs Koltay, Hath y, Wiggins , Bulloc , ClaytOfl, Habetl icht, Van Oy Nay s: tl0t1 c arr ied. T Roll s c al led w t 1 :07 p .•• ; recOflvefted a 8 :30 p . 15 . s nat V ggin , lloc , 1t r I . Englewood City Council Minutes January 8, 1990 -Page 5 • • staff was not responsive 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 s~lling the rotten odor coming fr0111 the Englewood /li ttleton Wastewater Treatllent Plant . We as taxpayers don 't believe that we have to s~ll this odor. This is Engle · wood and not Co-.erce City. We the undersigned are tired of hearing ex- cuses fro. the Manage.ent of the Wastewater Treat~nt Plant and 'help is on the way, bear with us '. They return to their ho.es with clean a ir and we are left with the stench. If this plant was in littleton their City Council would not tolerate this disgust i ng and nuisance of a s~ll. In the best interest of this ca.-unity we ask the Englewood City Council to find a real Manage.ent staff that will correct the proble~~s at this fac ility. • Mr . lucero requested that council force aanage.ent to beco.e responsive . He expressed concerns over allergy probleas wh ich have surfaced fn his neighbor - hood lind asked why it is necessary that he and hfs neighbors are forced to suffer in this aanner. City Manager Fraser and Director Fonda responded to Mr . lucero's stateaent, explain ng that everything ich can be done a the present tf.e fs being done, that construction of the i~rova.ents to t plan are scheduled for Fall 1990. It will hke approxiaa ely three years o c - plete the i~rove.ents at an estiaated cost of sz~. Mr . lucero expressed anger and dfs..y that and h s ne fhbors pected to ltndure this probl• for APProxiaat ly three •re was liSSul"ed th s Council is quite concerMd over t pr"1101 will bed rected to see other alternAtives to alle fat t Mr . FondA reiterated steps ic hAd been ta o r ffort to solve t aatter, but he stated t a w t t tfon, there wu noth ng ic could be done unt 1 t d . Mr . luc ro dtd no f 1 th s an adequate respot~s d 111 I Englewood City Council Minutes January 8, 1990 -Page 6 • • - (c) Eugene Norman, 4239 South Galapago, discussed various matters. Mr. Nor~~an shared a self-portrait which s,YIIbolizes Mr. Nor~~an 's contact with UFO's. Mr. Non.an was asked to explain to Council exactly what it is he is requesting of the~~. He asked that City Council interact on his behalf with President Bush, and he requested that he be allowed to spend uninterrupted ti11e with President Bush to correlate a peace 110ve~~ent. Other things men- tioned by Mr. Nor~~an which he expected fro~~ Counc i 1 inc 1 uded 1) bec011e 110re flexible in dealings with people like hi•, Z) bec011e better ca..unicators with hi•, 3) listen to his solutions to proble.s such as the odors fro. the Waste - water Treat.ent Plant, 4) cooperate with each other . Mr . Non.an was inforlled that it was not the role of the City Council to address officials in Washing · ton, 0. C., on behalf of individual citizens, that Mr . Nor~~an should undertake that hi•self . He disagreed, stating council lletlbers were "his elected offi - cials.• This was discussed further, and Mr . Nor~~an left Council Cha.bers ex - pressing anger and stating, "There is no cte.Gcracy in this City!" (d) Jane Schnackenberg, 3675 South Cherokee Street, was in attendance to accept a procla.at ion in honor of Martin Luther King Day . CCUI:IL lOla IIAT'IWMY IIDVED, -IT 1MS ~. TO MI. F..., M01DA ITO ll(c) -A Pa«lMATI. *-1• •• IIMTII LUniO ICI •. ~yes : Council lilellbers olt_,, tt.tflawy , W ggins , Bulloc , lays : tion carried . Clayton, tt.ben c t, Van Oy CUICIL _. IM~Y , -IT -B-El. Tt lUI-.-v 15, 1110, as ~~~~ urrm 11• .. , . • A,_s : t il y, Vt gg lns, Bu lloc , ChytOft, s: on carr or Van Oy on . 17 . I • • ,. • EntlftiOOd City Council 1111nutes January 8, 1990 · Patt 7 Ayes: Council Metlbers Kolhy, Hithaway, Wigg i ns, Bullock , Clayton, Habenicht, Van Dyke Nays: Motion carried. None (b) CCUICIL ~ IIATIWMY IIOVED, MIJ IT MAS Slcc.ED, TO DECLAI£ THE 1990'S AS "TIE DEC& Of TIE CHILD II EMI EVOOD." Ayes: Council Metlbers Kolhy, Hathway , Wiggins , Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried . (c) This 1te. was .aved forward and acted upon earlier in the ~et lng. See Page 6 . 19 . Consent Agenda (a) (b) al Authority ... tlng of Dec • (c) l brary Board ... t i ng of Dec r (d) (e) (f) (9) (h) { ) • Englewood City Council Minutes January 8, 1990 -Page 8 • - Council Member Hibenicht requested thit Agendi lte.s 19(e) ind 19(f) be with-driwn fro. the Consent Agendi . Council ~r Cliyton requested thit Agendi lte. 19(g) be withdrawn from the Consent Agendi. * * * * * CCUICIL -.a lOl.TAY fi!MD, -IT 1MS SECCII)O), TO APPIOVE CCIISEifT MEJI)A ITDIS It (h) -(1) AS FOUOIIS: (h) Ordinince No . 1, Series of 1990, Introduced by Council Member s Hibenicht and Hathaway (Council Bi ll No . 48), entitled: PEOPLES ORDINANCE NO . _, SERIES OF 1990 AN ORDINANCE MEJC)ING TITLE I, CHAPTER 5, ENGLEWOOD IIIJNICIPAL CODE 1985 , 8 ADDING A NEV SECTION 9 PERTAINING TO COUNCIL BENEFITS , DECLARING AN EMERGE C RELATED THERETO , AND SETTING THIS ISSUE FOR A SPECIA L ELECTION. (i) Ord in an ce . 2, Series of 1990, Introduced by Council r Habenicht (Counc il Bill . 49 ) entitled: AN ORO I NANCE APPRO¥ I AGR£ NT 8 EN THE ENGLEWOD PUBLIC LIBRAR ARAPAHOE LIIUR DISTRICT TO PtiOVID£ LIIURY SERVICES FOR RESIDENTS Of BOTH JURISDICTIONS. IT Ayes : Counc 1 ......,_,., Kolt~. H.thaway, Wf99ins, Bu lloc: Cl ayton , Haben cht, Van ~ e Nay s: tfon carrfed . * * * * * It( ) 11 l ( ) I . • • Englewood City Council Ntnutes January 8, 1990 -Page 9 Ayes: Council Metllbers Kolhy, Hlthlwly, Wiggins , Bullock , Cl1yton, H1benicht, V1n Dyke N1ys: Mot ion curied. None Council Metllber Hithlwly further exphined she still w1nted to pursue Ch1rter chrific1tion concerning 1ge 1nd residency require.ents; however, she felt cl1rific1tion would be lcca.plished upon receipt of 1 ruling fro. the Attorney Gener1l. If not, then this -.tter could be pursued prior to the next .unicipll election. (g) With regud to Council Bill No. 47 which wu 1pproved on f i r s t re1ding on Dece.ber 18, 1989, Council Me.Der Cl1yton expl1ined he would l i ke to Mend the Council Bill deleting 1ny reference to the Spec i 1l Elect i on of J1nu1ry 30, 1990, substituting words which would schedule this -.tter for the next scheduled .unicip1l election. After discussion, CCUICJL .._. CLAm. IIMD, -IT IMS SUGIIIO, TO ... CCUICJL IILL 110. 47, SO TlMT TilE TJTL£ lall.D IDD: FUI11IEI, ··_I._£ ~1n1• TO A WIT£ Of TilE QUM.IFJED £UCTDIS Of TN£ CITY Of FW1 'EMie AT TilE lOT ..... ED l£al M -ICJNL. rucn• IIWOSO ......, TO TilE CIMITtl Of TIE CITY Of EW& 'EMie lt(l.ATI. TO TIE FI._IAL llftll Of IRSS£ ISMS.•; .... TO .. : •SEtfl• 1. T'IIEI( IS 1DDY -ITTD TO llll QUM.IFIED £UCTDIS Of TilE CITY Of FWI 0.. AT TN£ lOT ._ M -ICIHl ruCTI• NO- POSD ....... TO TN£ CIMITtl Of TilE CITY Of FWIOINID, AS FOUM:•a FU1TH0, TlMT SUT 1• 4 ( DEMDI:Y CUUSl) K IIUTED. Vol res ul t s: Aye s: Hit y , 99 " • 11oc , t c 47, It cu I Englewood City Council Minutes January 8, 1990 ~ Page 10 • • • A Bill FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR IUUCIPAL ELECTION PROPOSED AMEIDt£NT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE FINANCIAL IMPORT OF IMPASSE ISSUES. CCUI:IL -.m CLAYTI* IIOYED, _, IT MAS SEa.ED, PASSME Of CGUI:IL IILL 110. 47 AS MEllO. Council Me.ber Clayton responded to Ms. Habenicht 's ca..ents, stating he was concerned that when faced with an iiiPasse election issue, the constituent s •ight not have an idea of the financial iiiPact. He felt this infonaat i on would uke the. aware of what those costs •ight be before they vote for one choice or the other . Vote results: Ayes : Council Metlbers IColhy , Hathaway , Wigg i ns , Bu lloc , Clayton, Van Dy e ...,s: Motion carried . Council Naber Habenicht 20 . PubHc Hearing No publ tc hearing was scheduled . 21 . OnUna~Kes, ResoluttOfts aftd MotiOfts T ,. 11 ) I . Englewood City Council Minutes January 8, 1990 -Page 11 Motion Cirried. • • (b) Director freetNn presented i reca.endition fra. the "Old Hire • Pol ice Pension Board to adopt i bill for in ordinance which would establish and restate the Old Hire Police Pension Plin. Ms . Free.an explained the Coun - cil 8111 repuls the current Old Hire Police Pension Phn and reestablishes , word for word, the Plan in 1 different section of the Code . Also, it illows for adoption of the Plan by Council Resolution. Ms. Free.an advised Council that concurrence by the phn llellbers hid been received . With regard to the purpose of the plan restate.ent, Mayor Van Dyke pointed out three ite.s, i .e ., 1. This would provide better docu.entation of all pension provision of the pension plan ; 2. This would prov ide definitive interpretations of the pension plin is .. ndated by Colorado State Statutes and current Code provisions; and 3 . This would bring the Plan into co.pliance with lnternil Revenue Ser - vice requiraents for pension plans including pre -tllC defen.ent of ""loyee contributions. Ms. Van Dyke urged Council 's support it this ti•, stating the .. tter wou ld be .are thoroughly discussed at 1 future study session prior to final pissage . T e Cler was asked to reid Council Bill . 3, Series of 1990, entitled : CW.Cil Bill • 3, UCTIQJUCm BY MYOR VM DYKE A llll fOR M Gel E fffECTJ TH£ R£STATER£1rl Of TH£ OlD HJR£ POliCE P£ - SICII PlM IY lt(P£ALJ TITlE 1-6£-7 All) M£11)1 TITLE 3 I Y liNG A CHAPTIR 7. aultll ll : Hoc • I Englewood City Council Minutes January 8, 1990 -,age 12 • • the Englewood Police Benefit Associltion. The resolution is consistent with the language as discussed with representatives of the e.ployees in December, and its approval is reca..ended. The Clerk was asked to assign the resolution a nu.ber 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 IDE RULE CHARTER OF THE CITY OF EN - GL£WOOD, RELATING TO THE £NGL£WOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER Of POliCE LODGE 122 All> SUPERSEDING RESOLUTION NO . 72 , SERIES OF 1989 . C4Uitll .._. IMTIIMIAY IIMD, -IT liAS sm.ot, TO APPilOVt I£SOLUTICIII NO. 1, sons OF 1110. ~es: Nays : t on carried . Council "-bers Koltay, Hatha.ay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (d) A resolution establishing a.nnual salaries for the Municipal Court Judge and Associate Judges for the calendar year 1990 wa s considered . Ma yor Van Dyke explained that the establis~t of salaries for the Mun icipal Judge and Associate Judges ts within the discretion of City Council . A three per- cent increase tn salary for t ictpal Court Judge is being rec~nded with t understanding that t .. rket rev and a poss blt adjust•nt to that salary be ... at t f nt .. ti"9 ift february . Aft annual salary of S55 ,571 for tcipal CCMArt Judte and the salary of S250 per day for Assoc ale Judge ,.. ncorporated nto t resolut ion. T Cler wa s as ed to assign t resolution a r and read 1 t by t H 1 : RESOLUTION • 2, SERIES Of 1990 A SOlUTI EST ISHI ASSOCIATE JWGES fOR IClPA COURT JOOG I . Englewood City Council Minutes January 8, 1990 -Page 13 • • • of Brown l Caldwell (the design engineer). This could result in enhanced value to the City. Three fin1s were invited to su~it costs; the low bid was from a branch of Brown l Caldwell. Therefore, the Ca..ittee is recommending that the bid be awarded to Ca~ Dresser l McKee, based on Alternative B in the a.aunt of S42 ,700. Mr. Fonda responded to various questions. COliiCJL fOlD INDIICHT IIDVm, MIJ IT MAS SE~, APPIOVAI. Of THE PElFOR- MICE Of A VALUE ~IIEEII. SMY C11 THE PIIAS£ lA DESIU IY CMP DI£SSER l II:UE lASED Cll Al.TEIMTJVE I AT A COST Of $42,700. Mr. Fond1 confi.-.d that the cost difference between Altern1tive A 1nd B (S9,000) w1s to 1ctu1lly verify the ex1ct costs by doing det1il qu1ntity take- offs by the value engineering te.... Mr. Fond1 did not feel there w1s suffi - cient v1lue In th1t process. He ~h1sized the v1lue to be received from Al - tern1tlve B. Mr . Fond1 confinled th1t Ph1se lA includes 111 odor aitigating f1cillties which h1ve been discussed to d1te . Ph1se 18 projects 1re not odor rehted but 1ddltion1l projects which will be COIIpleted IS funds become IVI tl- ible. Council Me.ber H1benlcht pointed out th1t by hiving t~ different e - glneertng fin1s review the engineer 's phn, the City does receive 1 lot for its .aney. Council r Wiggins stlted he 1nd Mr . Bulloc hid recen ly toured the pl1nt 1nd both 1greed the City should undert1ke this progr .... Vote results: Ayes : Miys : Mot I on curled . Council "-bers Kolhy, Hith1w1y, Wlgg ns, Bulloc , Cl1yton, Hibentcht, Y1n Dyke 22 . Cit Min r 's R por 23 . contr1ct for J1n tortal s r - bHn uncelled due to n • t red into w th J1n trontcs . I Englewood Ctty Counctl Ntnutes January 8, 1990 -Page 14 • • • Ayes: NAys: Council Metlbers Kolhy, HAthAwly, Wiggins, Bullock, Cl1yton, Hibenicht, V1n Dyke None Motion CArried. (b) Mr. Dewitt requested th1t Agend1 lte. 23(b) concerning 1 h1z1rdous W1ste Consent Agree.ent be t1bled 1s infor.Ation concerning this 1gree.ent w1s not included in the 1gend1 picket. COIIICil IIEJIIO HATHAIIAY fiDYED, _, IT IMS SECCII»ED, TO TMLE M01DA ITEM 23(1»). Ayes: Nays: Council Metlbers Kolhy, Hath1w1y, Wiggins , Bullock , Cl1yton, Habenicht, Van Dyke None Motion curled. 24. General Discussion (a) "-.Yor 's Choice ( t) "-.Yor Van Dyke annouftCed the appoint.ent of Council Nellber Bullock as Council's ,..,resentathe to the £ngle.ood Urban Renftal Authority . (b) Counctl ...._r's Choice ( t) Counctl r lliggtns thanked "-Yor Van Dyke for the photo - graph of t little Dry Cree l~~prov ts. He stated he looks forward to rk ng wtth Council durtng his lena of office . (tt) Council r ClaylOft f~tC~UINid about lndallatlon of COII- IM'ttrs for council • fraser shted t COIIPUl rs ld be hoolted up as quickly as possible . • Cl~tOft ed that his dallghter had I"Kent.ly graduated f,.. IWtE. He s sted that ev ts such as t IWt gr uatiOft be added to Counctl 's caltftdar o ,.. rs could tnfo aftd possibly atteftd t s events n t futu t 10 : I p . • 1. 2. 3. 4. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JANUARY 8, 1990 7:30 P.M. Call to order. ~ ¥ ?.· ~,:;... /-""m · Invocation. ~~ Pledge ot allegiance. ?/~ ~ Roll C.ll. 5. Minutu. (a) 6. c nta by tboae 9oinq off tbe City Council. 7. Mayor will aak tbe City Clerk to read tbe liat of eli91ble newly-elected Council re and 1cipal cou Jucl9e Who will tbe.n be evorn in by Honorable Jobn Cri.well . •• • • - City Council Agenda January a, 1990 Page 2 ¥!1-¥. . . ~ 11. 12. 13. 14. 15. 16. u . 11 . Permanent seating assignments will be given. ~¥. ~ Tokens of appreciation will be given to exiting City ~~. · Council Members Erica Byrne and Gary Kozacek. ~~ Recognition of the families and/or guests of the members~~ J' of City Council. W~~/ ~£/ J/~ /" ... #,..# Election of the City Council Members to various boards and colllllissions. ~~ -4.r ,4cu-V ~ Dedgnation of the legal new_•fJP!r. . ;£/1? ~-Pt:?oc/ AI~~~·, Pre-Scheduled Visitors. (Please li•it your presentation to ten •inutes. ) (a) (b) (C) (d) 0 ( ) Mr. Philip Lucero and others will be in attendance to express their concerns about the odors e•itted by the Wastewater Treataent Plant. Mr. Rudolf Tisch, ovner of the Liquor Barn, located at 4401 South Broadway, will be in attendance to discu•• Enqlevood'a ralae Alar. Ordinance. Mr. Eu9ene lfor.an, 423 9 s. Galapa9o, will be in attendance to di•cu•• varioua .. ttera. Jane Schnackenbe~, 3675 South Cherok .. Street, will be in attendance to aecep a procl ... tion in honor of Kart in Luther lti"9 Day. V1•.l . ) . . 101\8 and P'focl tiona. I c .. City Council Agenda January 8, 1990 Page 3 • • Proclamation honoring Dr. Martin Luther King and declaring January 15, 1990 as Martin Luther Xing Day. ':tJ~ /J:I~~ 19. Consent Agenda. Accept (a) Minutes ot the Englewood Parka and Recreation CoiiiiDiaaion Meeting ot December 14, 1989. (b) Minutes ot the Englewood Urban Renewal Authorit Meeting ot December 13, 1989. (c) Minutes ot the Englewood Public Library Board Meeting ot December 12, 1989. (d) Minutes ot the Englewood Planning Couiaaion Meeting ot December 6, d1;t Approve '1 .tJ. J ... ~.)~An ordinance aubaitting to a vote ot the qualified ~· ~¥1.:jJ electora a proposed aaendaent to the Charter ~/ relating to age and rea~pency requir ... nta ot City Council Mellbera. IJ~jkJ~;~ ) An ordinance subaittinq to a vote of the qualified electors a proposed ... ndaent to the Charter .X,.~ J -1"'0 relating to age ancS~~·}~e~c_y reCJUiraent. of City ~ Council Mellbers. ~/W~~ .~ ~Cgl ordinance subaittinq to a vote of the qualified /.llf'j~ leeton ot the City a propoaed ~t to the .,I ( rter rel tinq to-"~ 9na~ial !aport ot iapaaae iesuea. ~/'/('~ · (h) An ordinanci I ndinq and dc11nt ion• ot tb Cod partainint to Council lanett a, c1 clarinq n .1 rv ncy rel ated thereto, and eettlnq this l••u ¥ for a epactal el tion. 't,. An ordinan approving an atr n n the &nil ~llc Library and Arapahoe Library d Dietric to provic1 libr ry .. rvlcee for aic1an of both jurtec11 lone. o. 0 I City Council Agenda January a, 1990 Page 4 • • • ~I~::· ~:~'"~~~:~:i;:~~;i~:; ~!;~5;~:~~:~~~~~~~:~::~·~:.. . ~ pertaining to possession of marijuana. Af~;'~~~ )l (b) Recommendation from the Department of Financia~~ ~ .. J.J ~ ~ O Services to adopt a bill for an ordinance y'/Ut~l r. PJ .J .I'J"' establishing Old Hire Police Pension and providing l/~~ Ll ~ for adoption of the Plan document by resolution. ~--~ Y 1'-ct~1 A resolution calling for a special election ..,0 pursuant to impasse resolution procedure relating to the Englewood Police Benefit Association. ~~~ (d) A resolution establishing annual salaries for the p Municipal Court Judge and Associate Judges for the J),A,A 1" calend_¥clt~)990. ~ S5;S71..VU4'f~) ~.JS'D~~~. V' ( tJ: (e) Reco-endation ~. Bi-City Superviaory ~ '(\ -~ co-ittee to approve by action the perforaance of a ,.rj 1"0 value engineering study on the fhase IA design by -.p"' Caap Dresser and McJCee. JH&M.u~/APt:t .. lfl«u• •,- 22. city Kana'er•s Re . ' U('~J( 23. City Attorney's Report • . 4')-1 1-'0 (a) . n.l (b) ~--0 A bill for an ordinence approvincJ settl ... nt with the Colorado Depart.ent of Health on the Allen • Watar Tna ... nt Plant C..H and Du1at O ... ar.)l/d..ud-0' slay and Raritan Str .. ts -Raaardous Wast• Consent A9re nt. J{. ~ ~ .J/.~~..c:.~'"¥- 24 . r 1 Discussion. yor' Choi • {I) At (b) CO\lno 1 M r's Choic:e. u. tl D I • • • • i(.w~...now.._, Ve:-vELD Pui:::--vT A urn ce' t4' -Q ~(ITA /-l4n-\AW-"'f' -CDLmvt.k ~et: ~-<E:J..JS '"?b,.)-;;,ou tso J&.e o - StJSAu V,.u Dvn: { 1.4.A '(O f!. ~L>St u6 Avrno12., ~ -G) :f<ob;; tz'oL TA '1' ~C:.'O ~J.JO l< C!.e ~"nOU -@ IV/A fU: Q.(.) 1 e. c:: /.A. e-ur J ""81 L..L c LA'(l'OU -o.ovnu..,c;- "*' ~All-Y lto-z~ce ac (C2v<Ofi UJ , 66/U'S) -Q • I . • • • I• tlrS? /5cw£Z fSoM~.o -@ ALE!!:"'1-1-t .-.ee. IJ I c t-\ r . cavn.........,- / -...~ * l9Ae'< l{O'ZAC~ -Ti4 Svu..cr~e. ~OSNJ V.~o.u Dv~t.t ( 1-A.Avorz. 4'-G.u•~EVr) -a:n.~nut.:t: e; 1"'1' J Sc+\C o L CoL( 1-i• m -e -<a) -1tc-E RlCA lj'r I? k.-'E C L-"< oe;-W. 661us ~1<,-r-:A ~~ ... n~ALVt-.'1' - ""Ro 6 82-fo~ r/\ v. -0 ) I • • 1. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 18, 1989 The regular meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:40 p.m. Z. Invocation The invocation was given by Council Me.oer Koltay . 3 . Pledte of Allev1ance The Pledge of Alleg iance was led by Mayor Van Dyke . 4 . loll Call Present: Council Ke.bers Hathaway, Koltay , Kozacek, Byrne, Habenicht, Clayton, Y1n Dyke Absent: None A quoru. was present . Also present : y, 01 t I . Englewood City Council Minutes December 18, 1989 -Page 2 • • • (a) Tamara Lyon, Englewood High Scho ol , was not present as scheduled. (b) Steve Neyer, Chairman of the Holiday Lighting Committee, assisted by City Clerk Crow, presented ribbons to the winners of the 1989 Holiday Lighting contest as follows: OLD ENGLEWOOD HOLIDAY 1st 4078 South Lincoln Street (Randahl and Tammi Headley) Znd 4724 South Kalamath Street (Patty Flint) 3rd 4301 South Bannock Street (Cathy Burrage) TRADITIONAL/RELIGIOUS 1st 3820 South Galapago Street (Lynette Warren) 2nd 3201 South Cherokee Street (Jim and Bonnie Brown) 3rd 2971 South Emerson Street (Mr. and Mrs. Dwight Latham and Barbara) ANIMATED HOLIDAY 1st 3270 West Grand Avenue (Patricia Lobb) 2nd 3115 South Bannock Street (Mr . and Mr s. Francis J . Keough) ARTISTIC /BEST LIGHTING 1st 3247 West Pimlico Avenue (Jason and Jeff Hagan) 2nd 4301 South Elati Street (Thom Berube) 3rd 4348 South Elati Street (Herbert E. Soderstrom) EXCEPTIONAL USE OF PREMISES 7. 3730 South Elatl Street (Robert and Ann Eldridge) 431 2 South Jason Street (Willla• P. Neyer) 4303 South Fox Street (Ellen Burns) 4466 South Delaware Street (T~ S eney) 900 West Tufts Avenue (John and Jennifer Pfetros) 4990 South Elatl Street (Richard kl r) 44 91 South Bannock Street (Phillip T. St .. s) 4640 South Washington Street (kaJ and To. Blunk) 4030 South She~n Str et (Carol Castor -Ekwall) lolled vt ttor I ·Englewood City Council Minutes December 18, 1989 -Page 3 • • • {a) Eugene Norman, 4239 South Galapago Street, provided Council with detailed information for a grant to explore numerous directions of thought and experiments which he felt would be of benefit to mankind. It was explained to Mr. Norman that the City did not provide sponsorship or funds for private in-ventions or enterprises. (b) Jerry Greenwa 1 d, KWIK -Way Cleaners, thanked Counc i1 for the oppor- tunity of providing the City with uniform cleaning services during 1989. He commented upon the dedication of the employees of the City. {c) Ken Waechter, 3127 West Tufts Avenue, expressed several concerns about fire services, especially for the Centennial area . He specifically asked about the status of the mutual aid agreement with Sheridan, the closure of the Federal Fire Station, the lack of maintenance of the fire equipment, the decision not to purchase the ladder truck, etc. He also inquired whether the City Council was considering privitization bids for rescue units . Hr. Fraser informed Mr . Waechter that it is his understand ing from staff that that possibility is being reviewed but that no decision has been made. Mr . Fraser confirmed that an offer by a private ambulance service had ben made; how ver that offer had not been solicited by the City. Mr . Waechter inquired if the City was proposing to charge citizens for rescue servic s; Mr . Fras r stated that no proposal has been made to change the current ordinance which charges non -citizens a transport fee. Mr. Wae chter strongly suggested that City Coun - cil hold a public meeting to hear directly from all citizens about what k1nds of fire and police s rvices ar expected. With referenc to th Sheridan Mutu1l Afd agr nt, Mr . Fr1s r co..ented that he had not be n 1dvtsed of any changes; h off red to check In o the utter In light of Mr. Wa chter and Council r Kouc 's c nts. M1tnten1nce prlvtttzatton was discuss d; Mr . Wa cht r felt t City was not adequately 11afntatnlng fts equt nt. Probl fch y arise as a r sult of the nu.ber of e.ploy es o h1v left th Ctty for lo nt els r was discuss d . •• ... ) I -• • • Englewood City Council Minutes December 18, 1989 -Page 4 (a) (b) (c) (d) (e) (f) (g) (h) ( i) Minutes of the Board of Adjustments and Appeals meeting of November 8 , 1989 . Minutes of the Career Service Board meeting of November 16, 1989. Minutes of the regular Election Commission meeting of September 26, 1989, and the confere nce call meeting of October 5, 1989. Minutes of the Englewood Downtown Development Authority meeting of November 8, 1989. Minutes of the Fire Retirement Board meeting of November 2, 1989. Minutes of the Liquor licensing Authority meetings of November 1 and 15, 1989 . Minutes of the Pol ice Retirement Board meeting of December 12, 1989. Council Bill No. 44 for an ordinance approving the letter of agree - ment between the City and Central Colorado library System to expend previously awarded federal grant funds. Council 8 i 11 No. 45 for an ordinance submitting to a vote of the electorate a Charter amendment changing the effective time for new - ly elected Council Members to take office . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT CONSENT AGENDA ITEMS 9 {a) THROUGH (g). Ayes: Council Me mbers Koltay, Hathaway, Kozacek, Byrne, Hab nlcht, Clayton, Van Dyke Nays: Non Abstain: Non Non Absent: Hotfon carrl d . COUNCIL MOlER CLAYTON MOVED, AND IT VAS SECOM)ED, TO APPlOVE CONSENT MENDA ITERS 9 (h) MD ( i) AS FOllOWS: (h) ORDJ E NO . C ll H£ R HABENICHT (C ( ) A Englewood City Council Minutes December 18, 1989 -Page 5 Motion carried. 10 . Public Hearing • - (a) Mayor Va n Dyke announced the purpose of the Public Hearing is to consider proposed amendments to the Eng lewood Mun ici pal Code 1985 regarding the Sign Code. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE ENGLEWOOD MUNICIPAL CODE 1985 REGARDING THE SIGN CODE. Ayes: Nays: Abstain: Absent: Council Members Koltay , Hathaway , Habenicht, Clayton, Van Dyke Non e Non e Kozacek, Byrne, Motion carried. None Director Wanush, duly sworn, provided proof of publication of the notice of public hearing which appear d in the Engle wood Sentinel on Nov mb r 30, 1989 . Mr. Wanush provided inforMation concerning he proposed amendments to the Sign Code which s Incorporated Into the Zoning Ordinance of the City of Englewood and r gulat s the location, size and nuMber of signs throughout the community . He stated th intent of the Sign Code ts to balance the needs of individual businesses, th n ds of safety, and th ca.unity at large. He enu rat d th various proposed changes In the Sign Code, stating •any wer of a house - ke ping nature . The three •ain chang s being propos d are: 1) High r d nslty resid ntfal districts to be separated fro. th sfngl and t -f fly resfd ntial distr icts In ter.s of regulation; 2) Join 10 signs to be per.ltted .tlen t-.o or .are djacent prop r y ers d cld to have a single sfgn .tltch uld reflect all th businesses; and 3) of a t counted . nn r fn lch sfgn areas ar calculated . Currently each sfd s n ts count~; t Is rec nded that only on sfd be I . Englewood City Council Minutes December 18, 1989 -Page 6 • - Mr. Wanu sh stated that the type of signs mentioned by Mr. Denny is not cur- rent ly permitted nor is there a change propo sed . Lack of enforcement of the Sign Code was discussed; however , it was concurred that this complaint should be dealt with as a separate issue, not as a part of the public hearing. Mr . Wanush agreed to r eview Mr . Denny 's complaint. No further testimony was offered. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Aye s: Nays: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None Ab stain: None Absent: None Motion carried. (b) COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE AGEN - DA ITEM 10(b) (COUNCIL BILL MO. 40), ENTITLED: ORDINANCE MO. 40, SERIES OF 1989 AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 19, ENGLEWOOD MUNICIPAL CODE 1985, COMPREHENSIVE ZONING ORDINANCE, RE&MDING THE SIGN CODE. Ayes: Council ~rs Koltay, Hathaway, Kozacek, Byrne, Nays : Abstain : Absent : 11ot1on carried. Habenicht, Clayton, Van Dyke None None None 11. Ordinances, Resolutions and Motions (a) Director Winkl , library and R creation S rv ces, pr s nt d a rec ndation fr~ the Englewood Public Library Board to adopt a bill for an ordinance approving an agrett~ent for Library Servlc s bet n Englewood Public L brary and the Arapahoe Library District . Ms . Winkle •pla ned thi rvlce uld xpand the r1nge of library resources for th citizens . The Cltr was 1 ~tor ad Council Bill No . 49, entltl d: . 49 , INTROOUCEO 8Y C lCHT (I HAIOICHT MOvtD, MD IT T ll lllL MO . 4t, Sill[ Of I t. ~ s : Council rt olt y, Ha h y, oz1 , 8y~ , Ha n ch , Cl1yton, v n Oy 1 1 : AbsUtn : Ab nt : c r,. I . Englewood City Council Minutes December 18, 1989 -Page 7 • • • (b) Director Wanush, Department of Corrmuni ty Development, presented a recommendation to adopt a resolution approving the application for a 1990 Com - munity Development Block Grant. Hr. Wanush explained the application was for $454,500 which would allow the City to follow through on two main projects in which the City has been involved for a number of years -rehabilitation of single family housing units ($290,000), and replacing and rehabilitating mobile home units for WHERE, Inc. ($145,000). He corrmented upon the low rate of default (3%) which exists in this program. He provided information to Council about the outstanding balance, explaining that S4.9H had been received from various sources for purpose of housing rehab, and of that total Sl. 75H (35% of the total) is considered a receivable of one kind or another . Of that 35%, 29% or $837,000 is receivable to the City and is being returned at an approximate rate of $17,000 annually. Hr . Wanush further explained the pro - cess of liens, etc. Funds appropriated for administration purposes were explained. Council Member Clayton requested confirmation that none of the units to be rehabil Hated are units owned by the Housing Authority, City, or any of its agencies. Hr. Wanush agreed to investigate and report on the matter. Hr. Clayton explained he felt the funds should be used to assist citizens in the City, not a Housing Authority fund source. Mr. Wanush shted that the Urban H0111estead Pr09ra111 was not included in thts grant reque st as additional information is necessary . This will be presented to City Council at a later ti.a. The resolution was assigned a nUMber and read by title: RESOLUTION NO. 76, SERl[S OF 1989 A RESOLUTION AUTHORIZING TH CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COM - MUNITY 0 YELOPMENT, TO Fll AN APPLICATION FOR A SINCLE ·PURPOS£ SMAll CITI S COMMUNITY 0 YELOPMENT BlOCK GRANT TO FUNO TH HOUSING REHABiliTATION PROJECT FOR TH CITY OF ENGLEWOOD, COLORADO, AND FOR ADOPT! OF TH CITIZEN PAR · TICIPATI P COUNCIL (It KOlTAY MOV[D, All) IT WAS S£COND£D, TO AHitOV( lfSOWTION 110. 71. S£li£S Of lilt. Mr . Kolt•y r pondtd to Mr . Clay on's qu stfon r ardt u o und • statlft9 u r t nds that th S290,000 Is no for r lf a· tlon o pr rtf s of t Housf"9 Authority . A Counc 1 rs olt'1, Hath y, oza lyrn , H n cht, Clayton, Van Oy tl , I . Englewood City Council Minutes December 18, 1989 -Page 8 • • - revenues to the City which included the half-cent sales tax, and, therefore, had comp lied with Ordinance No. 61, 1987. Council Member Hathaway clarified that it has become necessary to incorporate the half-cent sales tax as revenues for the 1990 budget, and read into the record the following comments from the staff analysis concerning this matter: "Due to the City's stagnant economic conditions, the 1990 budget adopted by City Council reflects those conditions in that all but a minor portion of 1990 revenues were appropriated and the revenue associated with the .5 sales tax rate has becom~ an integral part of the 1990 budget." Hs. Hathaway wanted the business community to know that Council is, and will continue to review this tax. The resolution was as signed a number and read by title: RESOLUTION NO. 77, SERIES OF 1989 A RESOLUTION GIVING NOTICE OF REVIEW OF SALES TAX COUNCIL NEMER HATHAIIAY NOVm, MD IT WAS SECONDED, TO APPROVE RESOLUTION NO. 77, SERIES OF 1989. Council Me.ber Byrne suggested it -.y be possible to reduce the t1x to .4 ind still .. et budget require.ents, which would show the business ca..unity thit Council is listening to their concerns. Vote results: 0 Ayes : Niys : Abshln : Abstn : tion carried . Council Me.bers Koltay, Hith~ay, Kozactk, 8yrn • Habenicht, Clayton, Van Dyke None Non n rn •p r • I Englewood City Council Minutes December 18, 1989 -Page 9 • • • The first resolution was assigned a number and read by title : RESOLUTION NO. 78, SERIES OF 1989 A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR CONFIDENTIAL AND SECRETARIAL EMPLOYEES OF THE CITY OF ENGLEWOOD FOR THE YEAR 1990 . COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 78, SERIES OF 1989. Council Member Habenicht expressed concern about increasing salaries while revenues are decreasing. She stated she would support the raises, but felt we needed to continue monitoring the situation. Council Member Koltay stated he felt the wage increases for the managerial and confldentill employees should be in keeping with that Increase being offered by Council to other e~loyees, explaining this would be less confusing to the electorate who are being asked to decide wage matters at the upcoming Special Election. COUNCIL NEMER KOLTAY NOVED, N1D IT WAS SECONDm, TO MOlD SECTION 1 OF RESOLUTION liiO. 78, SEitiES OF 1989, REDUCI. THE WME INCREASE FROfll 31 TO 2.71 . After extensive discussion, vote results on the .otlon to aMend were: A~es: Council Me.bers Koltay, Hathaway Nays: Council ~rs Byrne, Habenicht, Clayton, Van Oyk Abstain: Council r Kozacek Abs nt : None Motion to nd failed. Vote r sult on approval of R solution No . 78, S rtes of 1989 : Ay s: Council rs Byrne, Habenicht, Clayton, Van Dyke ys: Council rs Koltay, Hathawa~ Ab ta In: Counc: It r Kozac: Ab n : n o c: rrf a n r y ftlt : 0 0 t • t I . Englewood City Council Minutes December 18, 1989 -Page 10 Vote results on the motion to amend were: • • • Ayes: Council Members Koltay, Hathaway, Byrne Nays: Council Members Habenicht, Clayton, Van Dyke Abstain: Council Member Kozacek Absent: None Motion to amend failed. Vote results on approval of Resolution No. 79, Series of 1989: Ayes : Council Members Byrne, Habenicht, Clayton, Van Dyke Nays : Council Members Koltay , Hathaway Abstain : Council Member Kozacek Absent : None Mot io n carried. The third resolut io n was as signed a number and read by title: RESOL UTION NO . 80, SERIES OF 1989 A RESOLUTION APPROVING A COMPE NSATIO N PLAN SYSTE M FOR GENERAL SER VICES MAN - AGERIAL AND SUPERVISORY EMPLOYEES OF THE CITY OF ENG LEWOOD FOR THE YEAR 1990. COUNCIL MMEl CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 80. SERIES OF 1989. COUNCIL ~El ltOLTAY MOVED, AIID IT WAS SECONDED, TO MOlD SECTION 1 OF RESOLUTION MO. 10, SERIES OF 1189, REDUCUII THE WE INCRWE FIIOII H TO 2.71 . Again, Hr . Koltay co..ented that he wa s offering th is .-end.ent for the same reasons he had pr vlously stated. Vote results on the ~t lon to a.end were: Ay s: Council Melbers Koltay, Hathaway, Kozacek, Byrne Nays : Council "--bers Habenicht, Clayton, Van Dyke Abstain : None Absent: None Motfon to ... nd carried. Council r ltozacek stated h h oted, not abstained, u shff I a lo h gh r salaried, t n ny oth r fora oth r M n 9 r•. Mr . Olletk t 110tton to vtously sht r dt cu ton ns r oltay calltd for t ult of 1 I . • • • Englewood City Council Minutes December 18, 1989 -Page 11 Ayes: Nays: Abstain : Absent: Council Members Koltay, Hathaway, Byrne, Van Dyke Council Members Clayton, Habenicht Council Member Kozacek None Motion carried. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO RECESS. Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht , Clayton, Van Dyke Nays: None Abstain: None Absent: None Motion carried; the meeting recessed at 9:22 p.m. The meeting reconvened at 9:34 p.m. with all members present. COUNCIL MEMBER BYRNE MOVED, AND IT WAS SECONDED, TO RECONSIDER RESOLUTION NO. 80, CHANGING THE 2. 71 SALARY INCREASE BACK TO ~. Ayes: Council Members Byrne, Habenicht, Clayton, Van Dyke Nays: Council Members Koltay, Hathaway Abstain : Council Member Kozacek Absent: None Motion carried. The fourth resolution was assigned a nu.ber and read by title: RESOLUTION NO . 81, SERIES OF 1989 A RESOLUTION APPROVING A COMPENSATION PLAN SYSTEM FOR MANAGERIAL AND SUP R· VISORY EMPLOYEES OF THE CITY OF ENGLEWOOD FIRE DEPARTMENT FOR THE YEAR 1990 . COUIICIL NEJaO CLAYTC* IIOYtD, MD IT MAS Sl~, TO APPIOV£ USOlUTII* NO. 11, SERIES Of 1119. COUIICIL MMD ICOLTAY IIDVED, NG IT MAS Sl~, TO MOl) SlCTII* 1 OF lESOlUTII* NO. II, SERIES Of 1tlt, lEDUC!. THE MAll IIICIWE FlC* 3S TO 2.11:. Vol l on to ot r sul ... : ol hy, Hath tY Byrne, H nicht, Clayton, Van Oy r ouc solut on . 81, rt s o I : 1 rs lyr , Ha nteht, ClaytOft, Van Oy tl rs IColhy , Hath 11 1 r oucelr I . Englewood City Council Minutes December 18, 1g9g -Page 12 • • • Council Member Koltay s tated he did not wish the employees to perceive his attempts to reduce the percent of salary increase as a reflection upon their performance or abilities . Even though he realized these salaries were not to be covered by the election wage issues, he felt the electorate would be con - fused by the percentages being offered various employee groups. He also felt these resolutions could have been reintroduced after the election to amend those salaries_ Council Member Kozacek commented upon the lack of willingness of the employees to accept lower pay so that levels of service cou ld be maintained . Council Member Byrne stressed the need for a "pay for performance" plan in order to effectively reward those employees who actually deserve more pay. (e) Director Fonda, presented a recommendation from the Bi -City Super - visory Committee to approve cleaning of one digester at the Bi-City Wastewater Treatment Plant by Liquid Waste Management, Inc., the low bidder. Mr. Fonda explained that the cost of $73,500 is included in the 1989 Bi-City WWTP budget and will be shared by both cities based on ratio of flows . During this clean - ing process, staff will observe the procedures followed by Liquid Wa ste Man - agement, Inc., and then may be able to undertake the cleaning of the other two digesters during the next year. Hr . Fonda stated the work would take approxi - mately two months and he could not guarantee an odorless process. It was sug - gested thilt public notices should be given to explain the procedure so the citizens would be aware of the process. As this is a hazardous process, the qu stion of liability on the part of the City was discussed. COUNCIL N0.8 MAIDUCHT MOV(D, MD IT MAS SECCieiD£0, TO APPROVE THE CLEANING OF ONE DIUSTO IY LIQUID MUTE MIIAIDIOIT, INC ., IN THE MOUNT OF $73,500. Ayes: Council Melbers Koltay, Hathaway, Kozacek, Byrn , Nays : Abstain: Absent: lion carrltd . Habenicht, Clayton, Van Dyke None None None • • • • • l KOZAC MOVtD, MD IT TIOII AT THIS Tl S(C-ED, TO •• n: to c ( ) v r C Counc 1 Ha ntd1 • • • • • Hat y, ozac yr , I • Englewood City Council Minutes December 18, 1989 -Page 13 • - process equipment needed for the Bi -City Wastewater Treatment Plant Improve - ments. Mr . Fonda explained the advantages of advance bidding for the prepur - chase of this equipment as part of the extensive improvements to the plant. He stated the total cost of $757,000 for the four bid items is $11 2,000 less than the engineers' estimation, and represents a good value for both cities. COUNCIL HEHBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE THE AWARD FOR EQUIPMENT PREPURCHASE FOR PROCESS EQUIPMENT NEEDED FOR THE BI -CITY WASTEWATER TREATMENT PLANT. Ayes: Counci l Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abstain: None Absent : None Mot ion carried . Mr . Clayton commented that the Wastewa ter Treatment Plant has recently received the Region VIII Beneficial Sludge Treatment Award from EPA. Mr. Clayton credited Mr. Fonda for this award on behalf of the City. (f) Director Barthlome, present d a recomm ndatfon from th Administra - tive Services Department to approv by motion a contract for su pply of uni - forms for non -emerg ncy, pollee and fir personn 1 . Ms . Barth) plalned that an evaluation of the bids received tndicat d the low s t acceptable co - petltlve bid wa s r celved from Neve 's Unlfonas, Inc ., and she r ComMended the contract with Neve 's be approved . Process used to valuate bid w.u x - phined . Ms . Barthl0111e assur d Council that N v 's p rfor.anc during e past several years has been very sa lsfac tory . COUNCIL HEftiER CLAYTON MOVED, MID IT WAS SECONDED, TO UNO¥£ THE CONTRACT fOft NON -DtERGENCY, POLICE MID FIRE UMIFOMS FOI lttO -tl TO IE PIOYID(D IY NEVE 'S UMIFOMS, INC. Ayes : Nays : Absta in : Ab nt : on carried . Council Habenicht, Non Non on Ol C , B rn , I . • • • Englewood City Council Minutes December 18, 1989 -Page 14 the facilities and equipment she felt Payless Cleaners could comply with the City's requirements. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO APPROVE THE LAUNDRY AND DRY CLEANING SERVICES CONTRACT FOR 1990-91 FOR NON-EMERGENCY, POLICE AND FIRE PERSONNEL UNIFORMS WITH PAYLESS CLEANERS. Ms. Barthlome explained further the process followed to estimate the annual costs for 1990-91. Methods followed to assure the City is not charged for personal cleaning were detailed. Council Member Kozacek stated he would be opposing this award based on the fact there was no penalty clause in the con - tract and had reservations about the firms ability to perform adequately. Vote results: Ayes: Nays: Abstain: Absent : Motion curled. Council Members Ko ltay, Hathaway, Byrne, Habenicht, Clayton, Van Dyke Council Member Kozacek None None (h) City Manager Fraser presented a reca.endation from the Public Works OepartMnt to approve by 110t I on a contract for Jan it or I a l ServIces between the City of Englewood and Sunshine Janitorial . Mr . Fraser explained the service level of the current vendor had declined over the past year, and It was felt 1 change was necessary. fifteen vendors were asked to bid; bids were received f~ three. Of those three, Sunshine Janitorial at S4,100 per 110nth Is the lowest acceptable bid. CCUI:Il ..,_. IMT'IWMY IIOVED, AM) IT MAS Ucc.m, TO AHIOVE A CCIITUCT WITH SUISHI • .MIIITOIIAl II M MOliiT Of $4,100 ..,.._Y, TO PIOVID£ JMITOIIAL SEt - VICES fOI Cln HALL, liiUIY AM) POliCE/flit( CCIIIPI.D fOI IHO. Ales: Council "'-bars koltay, Hathaway, kozacek, Byrne, Nays : Habenicht, Clayton, Van Dyke n Abshtn : Abs n : tion carried . e ( ) ltd a It Jl ( i) p 12 ltd 13 . 12 . Ctty .. ,.. t •v fo I'd nd ct upon pr vtou ly . D I . £nglewood City Council Minutes December 18, 1989 -Page 15 • • • Ayes : Nays : Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke None Abstain: None Ab sent: None Mot ion carried. 13 . City Attorney's Report (a) Hr. DeWitt tran smitted copies of I) Allen Water Treatment Plant Cease and Desist Order and notice of assessment of penalty by the Colorado Department of Health; a1d 2) Interim CERCLA Muni cipal Settlement Policy . (b) Hr. DeWitt announced that Charles Grimm, Assistant City Attorney, had been named "Outstanding Assistant City Attorney• by his peers in the Metropolitan City Attorney Association. 14. General Discussion (a) Mayor's Choice Mayor Van Dyke commented that this is the last official 1989 Council meeting . She stated she has enjoyed working with the current council melllbers and she felt the C~uncil had faced hard issues which she hoped had been resolved in the best interest of the community. She also commented that she looks forward to 1990 and working with the new coun il MeMbers as 11. t J~W (b) Counc 11 Council r 's Choice oltay stated h to I c I • • • - Englewood City Council Minutes December 18, 1989 -Page 16 (iv) Council Me mbe r Clayton presented copies of Council Bill No . 47 calling for a Charter amendment relative to impasse elections. He ex - plained that if approved, the Charter would be amended to require the City's Financial Department to estimate the financial im pact of each alternative sin - gle measure with that information so noted on the ballot . Mr . Clayton felt it im portant that the citizens have a clea r view of what they are voting upon and what the impact would be. The suggested wording would amend Section 137 :6 which would then read : 137:6 IMPASSE RESOLUTION EACH ALTERNATIVE SINGLE MEASURE ON THE BALLOT SUBMITTED TO AN ELEC - TION AS A RESULT OF AN EMPLOYEE IMPASSE SHALL INCLUDE A STATEMENT PREPARED BY THE CITY'S FINANCIAL DEPART MENT STATING THE FI NANCIA L IMPACT OF EACH ALTERNATI VE SINGLE MEASURE FOR THE N[XT TWO YEARS . The Clerk was asked to read Counci l Bill No. 47, entitled : COUNCIL BILL NO . 47 , INTRODUC D BY COUNCIL MEMBER CLAYTON A BILL FOR AN ORDINANCE SUBMITTI NG TO A VOTE OF THE QUALIFIED ELEC TORS OF THE CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO 8 HELD ON JANUARY 30, 1990, PRO - POSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO THE FINAN - CIAL IMPORT OF IMPASSE ISSUES AND DECLARING AN EMERGENCY. COUNCIL NEMER CLAYTON NOVED, AND IT MAS SI:CONDED, TO APPROVE ON FIRST READING COUNCIL llll NO. 47, SERIES OF 1919. Mayor Van Dyke shted she f lt un uy about supporting th is without s eking .are tndepth legal opinions and further discussion at a study esslon . Mr . Chyton exphlned that he felt tt t11p0rtant for the ctttzens to be aware of the financial IIIPad the vnlous questions would have upon the City If ap · proved by the electorate. He further explained It wa s not his Intent to have the financial IIIPact lnfo,..tlon Included on the January 30th ballot, only th question of whether It should be provf~ for subsequent f!ipus election ballots . Coun c il thlt In no o , I . ·Englewood City Council Minutes December 18, 1989 -Page 17 • • • Ayes: Council Members Koltay, Hathaway, Kozacek, Byrne, Habenicht, Clayton, Van Dyke Nays : None Abstain : None Absent: None Motion to amend carried. After further discussion, Council Member Clayton called for the question; vote results : Ayes: Council Members Koltay , Hathawa y, Kozacek , Clayton, Van Dyke Nays: Council Members Byrne, Habenicht Abstain: None Absent: None Mr . DeWitt stated that since this council bill carried an emergency clause requiring unanimous approval, it does not pass with emergency status; it does pass as a regular council bill on first reading, but the ordinance could not become effective in time for inclusion on the January 30th ballot. The proper way to amend the council bill before second reading was discussed. It was confirMed that the Clerk should publish Council Bill No . 47 as amended in the legal publications of the Englewood Sentinel. Mayor Van Dyke encouraged Mr. Clayton to work with Mr. DeWitt in an effort to redraft the council bill so that this question could be included on a future ballot. (v) Council Me.btr Habenicht prtstnted copies of Council Bill No . 48, Series of 1989, with reference to Council benefits . The Clerk was asked to read Council Bill No. 48, entitled: COUNCIL BILL NO . 48, INTRODUCED BY COUNCIL M£MBER HABENICHT AND HATHAWAY A BILL FOR PEOPLES ORDINANCE NO. _, SERIES Of 1989 [ AM£NOI Till I, CHAPTER 5, E lEWOOO ICI Al CODE 1985, BY AOOI A SECTION 9 P(RTAUII TO COUNCIL BENEFITS, DECLARI £ RC£ RELATED TH RETO, SETTI THIS ISSU FOR A SP(CIA £lECTI IL y rft of 1989, I Englewood City Council Minutes December 18, 1989 -Page 18 • • • COUNCIL MEMBER KOZACEK MOVED TO AMEND COUNCIL BILL NO. 48 TO INDICATE SERIES OF 1990 INSTEAD OF 1989. Ayes: Council Members Kol t ay, Hat haway, Kozace k, Byrne, Habenicht, Clayton, Van Dyke Nays: None Abst a in: None Absen t : None Motion to amend carried. Council Member Habenic ht thanked Council, stating that with the unanimous sup - port of Council on this issue, both at this meeting and the next one in January, the decision of this difficult and controversial issue will rest with the people . Council Member Kozacek reiterated that approval must be unanimous if it's to appear on the January 30th Special Election ballot. Vote results: Ayes: Council M mbers Koltay, Hathaway, Kozacek, Habenicht, Clayton, Van Dyke Nay s: Counc 11 Metaber Byrne Abstain: None Absent : Non Ho ton carried; h v r, du to rgency clause which requlr s unantaous ap - proval, Council 8111 No . 48 does not pass with rg ncy status. Council r • ons: 1) 2) 3) r 8yrn off red an exphnatton for h r nay vot stating thr t In favor to •lsconstrued by other coun - ch to I D ·Englewood City Council Minutes December 18, 1989 -Page 19 • • - Mr. Bullock expressed his concurrence with Council Member Byrne's statements regarding Council emollients . He regretted that Council Member Byrne had not been privy to the discussions and agreement reached during this evening's study session. If given an opportunity to reconsider approval of Council Bill No . 48, he urged Ms. Byrne 's support of it, so the matter could be decided by the people at the January 30th Special Election. He assured Ms . Byrne that he and Mr. Wiggins had both agreed to support the unanimous passage of Council Bill No. 48. After further discussion : COUNCIL MEMBER KOZACEK MOVED, AND IT WAS SECONDED, TO RECONSIDER COUNCIL BILL NO. 48. Mr. DeWitt was requested to determine who could properly move to recons ider. Council Member Kozacek withdrew his motion pending Mr. DeWitt's review . (vi) Council Member Hathaway presented copies of Council Bill No . 46.1 regarding residency and age requirement of councilpersons. Th Clerk was asked to read Council Bill No . 46.1, entitled : COUNCIL BILL NO. 46 .1, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF TH CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON JANUARY 30, 1990, PRO - POSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AG D RESIDENCY REQUIREMENTS OF MEMBERS OF THE CI.TY COUNCIL AND DECLAAI G A EMERGENCY. COUNCIL MOllER HATIWIAY NOYED, All) IT WAS S(CCJM)(J), TO ArPROYE OM FIRST READ · 1• COUNCIL IILL NO. 46.1. SERIES OF lHt. Council r Habenicht stated she would bt OPPOSing passag of Council 8111 No. 46 .1 as she did not feel co.fortable about l ring th ag requt She uld support changing the residency r qutr nts . Sh stated If t tssu s re s parated she could possibly suppor hat cone pt, but dt ' th n i pproprtate to tt the t fssu s t r . Vote r u1t : A1 s: • Cl • r H1 nfc • • • Englewood City Council Minutes December 18, 1989 -Page 20 not be effective in time to be included as a ballot question for the Special Election. (vii) Council Member Habenicht stated she wished to introduce an - other Council Bill and asked the Clerk to read Council Bill No. 46 .2, entitled: COUNCIL BILL NO . 46 .2, INTRODUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT A SPECIAL ELECTION TO BE HELD ON JANUARY 30, 1990, PRO - POSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATING TO AGE AND RESIDENCY REQUIREMENTS OF MEMBERS OF THE CITY COUNCIL AND DECLARING AN EMERGENCY. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READ - ING COUNCIL BILL NO. 46.2, SERIES OF 1989. Council Member Hathaway stated she would be opposing passage of Council Bill No. 46 .2 as she does believe the age requirement needs to be changed from 25 to 21 and this version of the Council Bill does not address that issue. Council Member Habenicht stated she would be will ing to vote for another bill wh ich would address just the age requirement as a sepa rate ballot issue, but she reiterated she was opposed to tying them together as one ballot Issue . There was further discussion before the vote wa s called for; vote results : Ayes: Council Me.ber Koltay, Byrne, Habeni cht, Clayton, Van Dyke Nay s: Council rs Hathaway ., Koucek Abstain : None Abs nt : None Mayor Van Dyke announced that Council Bill No. 46 .Z without unanl us support had pass d as 1 Council 8111 but without rg ncy status; ther fore, it uld no be ff ctlve fn tt to be Included as 1 ballot qu stion for th S clal 1 c ton . I - ·Englewood City Council Minutes December 18, 1989 -Page 21 • • • matter was discussed with several council members expressing opposition to such a plan. It was indicated that Mr. Bullock would like to speak again. COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO SUSPEND THE RULES TO PERMIT MR. BULLOCK TO SPEAK TO COUNCIL. Ayes: Council Member Koltay, Hathaway, Kozacek, Byrne, Nays: Habenicht, Clayton, Van Dyke None Abstain: None None Absent : Motion carried. Mr . Bullock concurred in Ms . Byrne's concerns about the possibility that Coun - cil could continue to vote et101llents; however, he suggested that unanimous approval of Council Bill No . 48 would be in the best Interest of the Council at this point in tl-a. Council Me.ber Byrne stat ed In light of Mr . Bullock 's re.arks and given the fact the Insurance issue wa s so l~rtant in the outca.e of the last election, she would reconsider her vote on Council Bill No. 48 . Further discussion ensued conce rning other Mthods the cl t hens of the COII - .unlty can resort to If they feel specific council -..bers are abusing their powrs . CCIUIICJL IIEMEl HAIDIJCKr NOVm, All) IT VAS S£~, FOI PASSAI[ OF COUNCIL IIU 110.41 AS AMJI)(D. A,yes : Nays : Abstain : Absent : Matton cnrted . Council "'-btr Koltay, Hathaway, Habenicht, Clayton, Van Dyke None None None Kozacek, 8yrn , t II :10 p , • • • • OATH OF OFFICE I, Clyde Wiggins, do hereby swear or affirm that I shall faithfully perform the duties and responsibilities of the office of Council Member of the City of Englewood, and that, in rendering such faithful performance, I shall support and uphold the Constitutions of the United States and the State of Colorado, the Charter of the City of Englewood, and all laws -de pursuant thereto, so help •. I' Atte ted to b fore •• th h • • • • OATH OF OFF ICE I, Tim Bullock, do hereby swear or affirm that I shall faithfully perform the duties and responsibilities of the office of Council Member of the City of Englewood, and that, fn rendering such faithful performance, I shall support and uphold the Constitutions of the United States and the State of Colorado, the Charter of the City of Englewood, and all laws made pursuant thereto, so help 111e. Attested to before •• thh 8 I • • • • • OATH OF OFFICE I, Louis Parkinson, do hereby swear or affirm that I shall faithfully perform the duties and responsibilities of the office of Municipal Judge of the City of Englewood, and that, in rendering sud\ faithful performance, I shall support and uJ*told the Constitutions of the United States and the State of Colorado, the Ourter of the City of Englewood, and all laws aade pursuant thereto, so help •. mots PARkiNsON Atteat d t o befor I • • • • • OATH OF OFFICE I, Susan Van Dyke, do hereby swear or affirm that I shall faithfully perform the duties and responsibilities of the office of Counci 1 Heaber of the City of Englewood, and that, in rendering such faithful performance, I shall support and uphold the Constitutions of the United States and the State of Colorado, the Charter of the City of Englewood, and all laws made pursuant thereto, ao help ae. rdt-.ik tA' Atteated to before ae thi s • • - p T I ION lo : nglewood C1ty Counc1 l Member s We he unders1gned are fed up w1 th smP !l1 ng he rotten odo r com1ng f rom he Englewood/Ltt let on W s t ewater TrP t men Plan Wad •xp )~rs don t belle e tha we ha vp to 3nel l tht ~ od o r . rh1s 1s ~nglewood and no t Commerce C1ty . W t e unders1 ned are ttred of 1-e. r tng "'><Cu•,es fr om the 11ana')<:?ment o f h<> Wa s tP WJtPr Ire Pi nt ha "help 1s on he way , be r wtth us". r ey home wt h clean nd wn ~re lef wt h he plan w s an thPtr C t y Courrt l •·,o•lld t11 s n f .1 s (' l 1 . In o f sk he n I C•·•oo C 1 t 1 Ccvnc 1 I I M n gemen wtll co rrcc e proble~s 3 Tt:>lcphonc - TIT.f N lo : Eng l ewood C t y Cou n c il Mem b e r s !.:<:? t f--<, •;nders J.gned re fed up comtnl) fr om he Eng !ewoor!/L1 l eton W st!!w W ~ ·d~p ~~~rs dan· belte~e hf' rot en c'do r fre tmf'n Pl.-1n lh1.s 15 ~ngl•wood and no tr d of e1r1ng Pxcuses fr om Pl n h "help h ht .. ..i c•j he ~ndQr~tgnn J fe M nlgf'm n 0 hP w~~tp WJ Pr y , b~ r w 1 h u r h<> >' lrd "" JrP lef 1 1 h tte en e 1 r C 1 y Cour 1 I ,.., ''I of 1 s m 11. I n hry t • ng I "00 C 1 >' • ... r c 1 I "'111 Ctl rr-e c "probl ~~ t_ relep o" - p TIT I N To : nglewood City Counci l Membe~s We the unde~signed a~e fed up ~at en ado~ co~1ng f~om lhe Eng lewood/Ll leton Wastewater en Plan We ~ 3 Xp ~~~s don · be l 1 ev e ha we h ve o ~ t ht, d r . Thts L tnglewood and not Comme~ce C t y . We he unde~stgn d u~~ 1 ~ed o f excuses f~om he M nagement of hn W ~ P W~t ~~ no oes ha "he l p ne way , bear Wl h u s ·•. Thny h o me w1th nd we ~e let wt h h~ plan was tn L1 on th 1~ C 1 y Counrtl ·~· •JI h1s 1 s gust1ng n nu t s nee of ~me l!. In tn o f h1s Commun1 y we he Englewood C 1 I C:<.n C"J I I M n gement s ff th w1ll cor~·c he p~obl s T I phOI"'P • • • ~tiJ ________________ 'IUE LIQUOR BAJLl( LTD. Tc the honorable t-l:i ycr and MemoerE c!' th Cny COuncil c: the Clty of Englewood , Colorado January ~tn , 1990 ln the mterest cf expediency and savLn? your val\la.Ole t:l.me 1 hav t.aJ<e:- tne liberty t:c I'Ut Ill} qnevances in 1o.>r1Un9 and hold myself avai:acl :c: quesuonm s;. My fust canpl a 1.nt deals ,.,.lt:h the unbuslness-lik and unprcfesn~a : behav1or on the pirt: c! sene of the rremoers cf your Pcll Depart:Il'ent. at:t.acheO stat ement c!' fact:E speaks fer lt:S 1!: for tlus occuran , t101oeve: : would llk tc stress t:na t:h1s 1s nc an 1sclated mstan Th1 s t ype c :: t:reaonent has happened tc rre as well as t:c sane of Ill}' employees en n.rrerc\.!s occas1.ons . The L.lqucr Barn has 6cne busuless the C1 of Enc!le~>-ood for ux past year and 011er the year has llterally 91ven hundreds cf JOCS tc t.n': c1tuen of Dlglewoocl. l adcht1.c , durmg the year c: 1989 alene pa :: 574,03 3 .55 m sales taXes, $37 .5 on llcense ! and occupat:lcna :: ux, S91,5 1 .57 .ll1 salanes {:'lu .ll1 exces c! 510,000.0 .ll1 pr n), scnocl a.~:: rsonal pr rty t&Xe • 1 a pres1dent cf L1.cucr Barr t -· - mc1.oence such a ~o'lu.ch occur 5 o! J anJA..") a:- un :arran ted and ot:all y uncalled fer and proou:-: c~ t . :.! lilOlVloual lll olerant: att:ltude. "'-tucn created for us ccr. and the Cl t:) and SUI Enolewood ha a fund "'•· s;:cn 1 acuon o! c: • I . • • ,. • ~j\j ________________ THE LIQUOR BAIL~ LTD. STA1'U-~:r c-: F,;~. TC ~liCJo : IT ~~y C:O!l:ffi!;. ;r;...,-.:.;..qy 6-:11. 1 !?g ~tul wcrkwq at the Ll.qJC:-Bam, ~~;s S . Eroad~o•a}, En:J eo.'OOCi,Cc. as ClerK w CnarO€' e1 eve:;w:: c: f:-1oa\, Januan 5tn , 1990 , approxl..ITBt ly 10~45 P!o' : C;:$e:-ve2 a:-E: :J ~'OOCi Pc 1ee car f:'Ul1 over a atu t Suban. a<~:Jcr. c=-_ n::r-..n -oes~ cc:-ner cf Eroaaa·ay and Radchf!. Bot:.t =~ ,.rccee:::_.: ~c uave1 wes c, Radch!'f out cf ranC?e cf 111} v151e1. A abou 11 :0 PM t pc: 1::'€ car a;::peared en cu:-(:'ariun~ 1 ct a'l th 1 ts l'l?enc::t flasher~ c:-and ca: ~c a ~cr hal f ao} .1.ntc tne lot , tajunf:? u thr pa:-tU.n:J s:-...a~ ~ and blccklng half o! ou:- cu CJ~~. -~~. 1~ •a~ c1!'flcult fer customers tc f:::-seve:-a: C"Js::amers tc enter and e>U canpl aw"::S a.ccu 15-0 c a rrcrgue, 1 <]Cl!l<!? tc ·~ ne I . • • • I. 12/23/89. MS. MAYOR AND FELLOW CO~yiL PERSO~: __ , i . . I PRESENT 'l'HIS PAPER J."l A SOCIAL CONTHACT BASED ON OUR CONS TITUTION lfHEREBY THE GOVEID.'"MEN T SHOULD MEST ON THE CON- SBIIT OF THE GOVERNED, DIPLOMACY: SYl\O.I YM: I. THE ART OR PRA CTICE OF CO ND ·c I1'G I NTER- NA TIOl\AL ~ELAT IONS, AS IK NEGOTIA TI 1.G ALLI AX CES, TR E:.'I'IES, A~D AGREEt·tE::;T s. 2 . TA CT OR SKILL I N DEA LI NG '1/I TH P EO PL E . TACT: TnE ABILITY TO A PP ~ECI AT E TriE DELICACY OF A SITUAT I O' A 'D TO DO OR S Y ~HE KI ;DES OR fo'.OS FITTING T:Ht'"• (ARCHAIC ) '!'iiE S£l;SE OF 'I OUCH . GIVI: THE t.B l LI'i"f A :D REASO. FO. u::o£1 S"'At;DI ;a OT H hU MANS A ·o ':'H::l. ACriC S , HAT?.ED CEASES •. ~IS t:D::::RS ;. .oi.:G IS FAR E.:.SIE~ TO AC?IIE E ':'HA." ."D~S 'A :or:a , '"'i-El. FO? 0 A A I 1 I FLAC-0 ·ISH ':0 DlSCU . . AL 16 (c) ,' • • • ;o:oo /(,A(. 'V'v---------.:...:.--- ... ----···--~··· • I . • • .. • II. FACTS OUT. GARBAGE IN, GARBAGE OUT; WE CONTINUE DR~ING WITH PROBLEMS AND NOT SOLUTIONS, CONSEQUENCEI AND NOT ANSWERS. OUR OWN DARK SHADOWS? A SUBJECT DIFFICULT TO POR'fRAY WITHIN A TEN MINUTE TIME PERIOD, BUT ALMOST ANY THING Wli.ICH HA~AGES TO JOG US OUT OF OUR CURREN'r ABSTRACTI ON S :O!AY BE BE'?!'~ T?'..A~ ?iCY:r:t::G. Pl{OOF POSI 'l'IVE MAY 3E 0 3 St:l'(V:sD IN THE NO. -VIOL EI~T APP~OACH OF THE CIVIL :RIG:\TS 1-!0V:l-!E!~T AllD HAN 1 S HISTOZ{Y CO "'!'A I KED .IN THE BIBLE; ALL P:?OVE THAT VI OLArl CE ONLY TENDS TO f.10:R.E VIOLANCE. TEE A CTIO~J CRZATED BY MR . BUSH. IS o:a,y U.'SUCCESSFUL IF i'iE DO ~OT ACCEPJ. THE FAC! THAT NON -VIOLENCE IS Ti:IE 0~1.Y WAY TO ACH IE"VE PERMAN"D"T SUCC~S 0.: AN I NTERNAT I O~lAL L::VEL ri iCH , I AM S E , MR . BUSH . >'!SHES "I HIS i·:A,..U nE PERSO: .It " TO ACHIEVE . E RE ALL GOOD CHRISTIANS I OCR SPE. !IOXS , A~~ ~ NOT? I: iUS :.r.D 0 "R AB ILITY TO L • ITHH :.:: co : FRO: T 0' sr: .... oo BE :>D . O."CE co::c:t:.R:· , , :()' THE SOL "ilO. i BY CO. SI DE:'r.; • SF" \" 1 I .• A PS CHOLOGIC 0 co:ocm: 1 I . • • • ~ .. -~-:;-f --....... .L . . ' . f'er~e.:.L .... ~ · ,.. '' (;,.e.ef<··:"'. ~lfo.s . • • • • III. FALL AND VARIOUS "RELA T IVELY Ni:'.V" WAYS TO COLLECT RAINFALL; .. ANOTliER_ Bl'~ Oi' ~O~~~V EN .. J;9: BY !HE ~lENS, BUT,-H~~ PEOPLE WOULD NOT GIVE SQUAT, (THAY COULD CARE LESS.). I CA~ ONLY HOP E THIS PAPER HEACHES THE DESK OF OU~ P .. ESIDEI:T :·:R . 3USr:. 1':i?OU~rt YOU HY AP? BEiJT :rtEPRES.2:iT.H IVES n; GO VERNMU."T . I ; ~:y PAST 1 l H..WE FO UND TnOSE OFFICIALS ELECTE D TO REP:{ESEI;T ME HAVE EITHER FAILED ME H IS :.::J.A3~Y OR Ti:i~OUGn I·:Y IGNOR~ ·c:s 1 I F.A VE NO'i" APPROACHED TnEM PROPERLY . I ATTEMPT 1 O!iCE MOHE , TO ACHIEVE POSITIVE CO ?l:·:tr.H CA TIO WIT3 7-:E SOPE OF S UCCESS A. D P RO PER R EPRESEI-t..,A"'I O~I . I •ns:-; TO APPLY FO~ T:lE POSI"'IOX OF A~3ASSAOOR OF ,!"{ .:0.~ '0 r.E.AL 7.2 B~!:AC!-1 ... : T HAS OCCUR::::> r;; CE..I"TRAL n ~ !CA . I MY ENCOU ;~ U H THE EXTRA -'l'ERREs':'. LS I ~· S :A DE A• ~-E o~ '!HE ?O .. L: OF ' • :0 :Y . u ·z. Y. ~. T I • • • .. • I • -• • • IV. -'IRE ~Jtt.:SIDENT, .~ ~~ I, ~SA'l' WE A~NOWI.EpGE, UNDERSTAND AN D DEAL WIT H THE DARKER MIRROR THAT . EXISTS WITHIB. ' ' ,. ~· PRESipBNT, y:'r.,. U ~PEAK TOGET~~ ~OUT OUR ~RO~. IN CLOSI NG , I HOPE THAT COMMUNICATION HAS :OEEN ES'!'ABLIS HED WI TH POT~~IAL FUT URE DIALOU UE AND T a~T Tn iS PA P~ MAY S ~VE ;..s .... BiUDGE TO BETT ER UN DER S'L\NDUG. '.'JJ:-.'.AT FLON S F ~0~4 MY EYE S lS MORE THAN WATER . AMERICA NEEDS A NEW VI SI ON , CO NSIDER I-liNE . "IT IS NOT THE EYES "'HAT SEE , WE SEE BY MEA ·s OF Tr.E EYES ." P LATO . WE ALSO SEE BY MEA S OF THE roUND . EUGEN:;;. NOR~N . 4239 SO . GALAPAGO . El :.L~ 'OOD , COLO . 80110 . I . • - P R 0 C L A N A T I 0 N WHEREAS, it is the hope and prayer of all people of goodwill that racial har mony and t r ue justice for each individual can be achieved ; and WHEREAS, Englewood, because of its many God-given bless ings, must make every effort to attain greater opportunity and compassion f or those less f o rtunate; and WHEREAS, racial harmony and individual jus tice begins not only in the hearts of ~en but in the resolve that each of us must make t o work ceaselessly and in every way possible to eliminate the underlying causes of racial prejudice and injustice ; and \fflER~, .e members o f the Baha'i Faith of Englewood and o her me ers of t e E~gle~ood community are joining in the national cbservan e of Mar ~n Luther King Day; OW, THEREFORE, I, SUS Colorado, do hereby ?roclai AN DYKE, Mayor of Englewood, Monday, January 15, 1990, as LonmR K I-. DAY otivate attributes in eir co~,un~ y, in heir na on, and in the world ~11 fos er a igh andard of justice and el~ainat tho t~a are roadblocks on he highway lead ng to rac~al personal ju ic • GIV ~ un r my hand nd a al his 8th day of January, 1 90. I . • • .. • PUILIC COIIEIIT ltOST£1 DAT£: .JMIIIIIY I, 1 ttO MY P0SC11 MY SfOit • Mi 1--._ -n. FGI A MIIIUI OF FIV£ IIIIITES. oat SUCH POs. SlllllD Sl. 1MIS PUILIC uw.:ll IOSTO, STATIIIi IME, AIIIII£SS, _, TOPIC OF CGIIEiif. 11ltSE POSCIIS -IIISM TO SP£M II FAtal OF • II OPNSITI. TO A PUil.IC HEMI. SIIIULD s1• 11E Uft.ICMU PUil.IC HEMI. IDSTEI. PLEASEPRIIT. I . • • • • • • • 18 (a) City of Englewood ~ S Elalo Street Englewood, Colo•.Oo 10110 November 20, 1989 Englewood City Council 3400 South Elati Street Englewood, Colorado 80110 Reqarding: Resignation froa Boards and Co~ssions. Pllone (303 1 761-1 uo As a ~r of the City Council, one of the real opportunities I have had to be of service to the citizens of Englewood has been to serve on boards and ca.aissions. With ay tera ending at the first aeeting in January I hereby offer ay resignation effective January 2, 1990, froa the following board positions which I currently hold: Meaber of the Englewood Parks and Recreation Coaaission Meaber of the Engl.vood Water and Sever Board Alternate r Denver lteqional Council of Governaents ~ransportation and Co.aunications Policy Co.aitt .. of the ational Leagu of Cities I • • • - PROCLAMA'l'ION WHEREAS , children are this state's and this nation's most valuable r esource, a resource which must be nurtured and developed to its ut~ost capacity; and 18 (b) ~mEREAS, the future cf our state and city depends on having a healthy and educated workforce; and \fflEREAS, the ?ro le s of poverty, inadequate health care, child abuse, lack of affordable child care, teen pregnancy, substance abuse, and failure o achieve in school are of growing concern statewide; and \~EREAS, it is acknowledged that it is in the best interests of all se nts of society, including business, governgent, and the whole family of Colorado, to prepare young people for the future; and WSEREAS, the Colorado Ch1ldren•a C paign has declared the 1990s THE DECADE OF THE CHILD IN COLORADO in order to aho our co tment to our children ; and :a t:.JtE.AS ' • • c Colorado to )Cln raise aren as ou at s be ng done to n ds done; a19n as called upon all c t1ze ns of her 1n a stat 1de 1l1zat1on that 111 t pro le s fac1ng c ildren 1n our state, address ese proble a, and hat s 11 nd l 1n a o r d y of January, 1990. I . • • • Englewood Parks and Recreation Commission Minutes of December 14, 1989 The regular monthly meeting of the Englewood Parks and Recreation Commission was called to order at 5 :30 p .m. by Chairman Neyer at the Englewood Public Library Conference Room . Members present : Braucht , Clayton, Comes, Neyer, Wiggins, Winkle, ex officio Members absent : Armstrong , Dounay, Kozacek , White Chairman Neyer asked if there were any additions or corrections to the minutes of November 9, 1989. There were none . A motion was made and seconded that the minutes be ap~roved as presented . The motion passed unanimously . With regard to Arapahoe County Cultural Council Tier III Distribution , Director Winkle discussed a proposed distribution list which was contained in the Commission pack ts . Winkle stated that at the November 6, 1989 hearing , determination was made that he City of Englewood Cultural Activities Division is indeed eligible to apply for (undin , and stated that a grant award in th amount of $14 ,500 has been approved by the Arapahoe County Cultural Council for th Cultural Activities Division . . l . no b Cultural ry a s a Council sta d I • • • • • ENGLEWOOD URBAN RENEWAL AU THORIT Y December 13, 1989 I . CALL TO ORDER. The special meeting of the Englewood Urban Renewal Authority was called to order by Chairman Robert J. Voth at 5:35P.M . in Conference Room A of the En- glewood City Hall . Members present : Members absen Mcintyre, Minnick, Totton, Voth, Byrne Wanush, Executive Director/Executive Secretary Keena, Cole Daugherty, Alt rnate Member Hanson, Alterna c Member II. APPROVAL OF MINUTES . ovember l, 1989 Cbai naan Voth s a ted that the Minutes of November 1, 1989 wer to be con- sid r d (or approval . Upon a ~tion by Mr. Minnick, second by Ms . Byrn , the Minutes w r approv d •• rl t n . III. FI CIAL ADVISO& Bond e&otlation/Restructurin& Kr . a at d that reques • Cor proposals had SeV h • - • • • • Commissioner Wiggins inquired about the status of a skateboard facility in Englewood . Winkle stated that a report is due by March 1, 1990 to City Manager Fraser. She stated that the Co .. iasion will have the opportunity to review the report beforehand . Co .. iasioner Clayton asked about the status of funding by Urban Edges for the Oxford Avenue Park . Director Winkle stated she will pass this along to Director Waggoner . There vas sa.. discussion regarding the status of the Union Avenue D ... The ••tin& vas adJourned at 6:00 p .•. Linda Wilks, Recording Secretary I • • • I • • • ENGLEWOOD URBAN RENEWAL AUTHORITY December 13 , 1 98 9 I. CALL TO ORDER. The special meeting of the Englewood Urban Re n e wal Authority was called to order by Chairman Robert J. Voth at 5:35P .M. in Conference Rooru A of the En-glewood City Hall. Members present : M mbers bsen II. Mcintyre, Minnick, Totton, Voth, Byrne Wanush, Executive Director/Executive Secretary Keena, Cole Daugherty, Alt rn te Member Hanson, Altern te Member Chairaan Vo h s ated th t the Minutes of Nov mber 1, 1989 w r to b con-sider d for approval. Upon a •otion by Hr . Minnick, second by Hs . Byrn , the Minutes vere approv d as vr1 t n . II I . PINAMCI4L ADV ISOR Bond Ne&otiation{R structurin& Mr. Vanush stat d tha r ques s for proposals had been .. lled o nine ir.s , seven of wblch respond d o h 1 tter. Hr. llanush stated that a c:-1 tee co.pos d of EURA .Oers Totton and Byrne, !URA Counsel Benedet 1, Assistan City Haruaa r Mar In, and hi elf review d the seven responses, and s lected five flr.a o b intervl v d . Th a interviews v re conducted on Dec aber 6 . Ks . Byrne was no able to participate in th interviews b cau e of buslneu constraints, but the oth r co .. itt e .. .oers (Totton, Ben de t1, Hartin and \lanu h) al d to each of the five fir.. for pproxi .. tely one hour and th .. Jor1 y o th co .. itt e reco ... nda that the flra ot Kirchner Moore & Co.pany be en d 1ruanctal advisor to the Authority to vork th bond aotla 1 n/r • ructurt iuu Four o h trw. re rat d ; t!th ira h prl l &al in. and th y ould o v hir d 1u rvlc:es In n o RFP . . l . I . • • • • One concern raised by Assistant City Manager Hartin is the fact that Kirchner Hoare was a participant in the 1985 refunding of the bonds . Hr . Wanush stated that he and other committee members discussed this with the Kirchner Moore representatives, and are satisfied that Kirchner Moore had a very minor: part in the 1985 refunding, and that this project does not represent a conflict of interest on their part . Mr . Wanush further discussed the other firms who were interviewed. Ms . Byrne asked if Assistant City Manager Hartin felt that Kirchner Moore was "close" to the top choice. Mr . Wanush stated that it was his opinion that Ms . Martin did feel Kirchner Moore was close to the top choice, and that her con- cern was the participation in the 1985 refunding. Hr . Wanush stated that he has talked to City Manager Fraser about the interviews and re s ulting recommen- dation of the committee, and City Manager Fraser seems comfortable with the research and recommendation of the committee . Hr . Totton pointed out that Legal Counsel Paul Benedetti stated that he did not feel Kirchner Moore's participation in the 1985 refunding represented any problem . Hr . Totton commented briefly on other firms that were interviewed. Hr . Voth asked the reaction of the firms interviewed to the EURA's probl m and what we hope to achieve in the end. Hr . Wanush stated that i is hi opinion th t all the firms intervi wed were positive about th situation, and that th y cit d the fact that there is at least cash flow being g n rat d in th EURA Tax Increment District. Troubled iss ues that they hav se n have not all had positiv cash flow. While they all acknowledged a problem, thy though that it could hav been worse . Discuuion ensu d . Hr . Wanush s a ted that there should be a report fr-Kirchner Moore by mid-F bruary, wlth inter La progress reports back to the staff and Authority before that date . Hr . Voth uked how thin&• loc.ked on the dravdovn estiaat • froa the Renr:ve Fund; a wha poin will the Reserve Fund be depleted. Hr . Wanu•h stated that approxlaa ely $130,000 was dra wn down ln Dec aber for th bond payaent, and e1tlaated that the Authority could be fac d with a ahortfall to aake th pay· aen s in June, 1991 . Hr . Voth a1ked for a .ation on the n&•& .. nt of a Financial Advisor . Hinn ldc aov d : lyr s condad : Tb ln&l wood Urban Renewal Authority author!~ a contrac vl th Kirchner Moore 6 ny o ac u h fl clal Advlaor on t nd otla tona/rast " In yr:e, Hlnnlc , To ton, Vo h, 1 Keena , Cole one The .otlon car~l 6 . • 2 • I • • • • ,. • for negotiation with bondholders and possible restructuring of the debt ser- vice were discussed . Hr. Wanush stated that the City of Englewood will also be involved since it is a source of payment for services, and suggested that EURA Counsel Benedetti and Assistant City Manager Martin be asked to recommend the legal counsel on the bond issue. Mr. Voth supported Mr . Wanush's sugges- tion; Mr. Totton pointed out that any recomnendation would have to be approved by the EURA and a contract written and signed. IV. FIRST NATIONAL BANK RIGHT -OF-WAY Mr . Wanush asked that the Authority to into Executive Session to discuss this matter. It was so moved, seconded, and carried to go into Executive Session . * * * * * * * * * * The Commission came out of Executive Session . V. DIRECTOR'S CHOICE . Mr. Wanush discussed the court proceedings on the Physical Whims leal case. Hr. Opperman, EURA Legal Counsel, has st•ted that no decision has been made. Hr . \Janush reported that he has Mt v lth Kr . Gil Llpp of RCM Government Securities regarding the reserve fund repurchase agreeNent . Mr . Wanush stated that the Bel -air Savings had requested that ve renegotlat the agre .. nt . He dhcussed the r .. lflcations of pulllOJ the reserve funda out of Bel-Air Savings since these funds would have to be reinvested at a lover rate than the 9 .75t being paid through Bel-Air . To co.pensate for the loss in interest on the invested funda, the Authority should receive a pre•iu. if those funds are withdrawn fro• Bel-Air. The difficulty in deter.ining the &IIOU.nt of the pre- •iu. is whether the funda .. y ba invested at a conatant rata, or whether the funda are invested at a flexible rate . lrlef dlscuaaion ensued . Thera vaa no furth r buaineas to co.& bafora the Author 1~. and the .. etlng adjourned at 6 :10 P . H. Gertrude C . W lty &ecordin& S cretary I • • • • ,. • ng1ewood Public Library MINUTES Englewood Public Library Board Deceaber 12, 1989 The reqular •eetinq of the Enqlewood Public Library Board waa called to order at 7:30 P·•· by Chairaan Al Quaintance. PRESENT: Al Quaintance, Larilyn Aahlock, Mary Dounay, John Gray, Virqinia Johnaon, Joe Rathburn, Dorothy Totton REGRETS: John Peteraon, Bev Si•on ALSO PRESENT: Sharon Winkle, Director of Library and Recreation Servicea, Alex Habenicht, City counc i l Repreaentative to the Board, Donna Gottberq, Recordinq secretary Roll call waa taken and a quoru. declared preaent. There were no acheduled or unacheduled viaitora preaent. Chairaan Quaintance turned the •eetinq over to Me. Winkle for the Director'• Report . Director Winkle noted that the CD-ROM Reference Center equi~nt ahould arrive before the end of the y .. r. Tbia vaa funded troa a Library and Serv ice• Conatruction Act (LICA ) qrant. There will be d-.onetrat i ona he l d for ataff , Board and patron• wi thin the n e¥t 2-3 •o n th•, p roj e c will in a oon . Sl,lt5 troa t h Color d o r1 need n rvie • • • • Director Winkle briefly highlighted several items in the 1990 Action Plan, noting that some ot the items are "on-going". One major change is the "Mission Stataaant." This statement was developed for the 1991 Plan, but it was decided to use it beginning in 1990. MOTION 89-29: That the Board adopt the 1990 Action Plan as presented. Moved by: Joe Rathburn Seconded by: Virginia Johnson Motion carried. Director Winkle distributed 2 draft copies of "Planning for the Future" and asked the Board to review. These will be available for aailing and pickup in the Library. The Board agreed on the vertically folded draft(B-1/2 x 11) at this tiaa and the content will be ready for approval at the next aaating. Joan Hinkeaayer, Information Services Administrator, has proposed a campaign for the future whereby patrons, coamunity retailers, banks, etc. can help fund periodicals for the Library as a gestura of good will to the co .. unity. Contribution funds would suppleaant City funding which has not kept pace with increasing costs for aagazinas and newspapers. A draft copy ot the brochure was distributed. Discussion followed. Hank Long, Library Services Adm inistrator, has accepted a position at the Westainstar Library as the Library Services Manager. His last day will be 12/29. The Board expressed their feeling ot loss, but ware happy tor hia in his new position. A party will be planned tor Hank and the Board will be notified. Director Winkle noted that there will be a review of the vacant position followed by a raco ... ndation raqardi"9 replac ... nt. Chairaan•s Re rt NOTION 19-lO: Th the Board seek City Council approval for expa tura of unancuabaract 1919 Library Board funds in an aaount not to exceed $600.00 tor purchase of "looka on Tapa" tor tba Library collac ion in r cognition ot tb !nglawood aglas• contribu ion o Slooo.oo tor is purpose with tunds tor the expandi ure o be no la ar h n c r 15, 1tlt. Moved by: Vir;ini Jo a co y rilyn o ion r1 n s f Donn Go tbal'9 tor rd. l I • • • Ma. Ashlock read an article from the Littleton Times noting that Littleton Library was having an amnesty week, wherein fines could be paid by bringing in canned food for the needy. A second article was aentioned in that non-resident checkouts at Littleton Public Library will be liaited. There were no coaaittee reports. The Statistical Report was distributed for Noveaber 1989. No discussion. MOTION 89-31: That the ainutea for the .. eting of Noveabar 14, 1989 bi approved aa aubaitted. Moved by: Dorothy Totton Seconded by Joe Rathburn Motion Carried Thanks to Mary Dounay for serving refreahaenta tonight. MERRY CHRISTMAS AND HAPPY NEW YEAR TO ALL. Meeting adjourned et 8:28 p.a. • I • • • • • ( ~ Englewood Public Library 3 4 00 S El 11 1 S l , En9l~wood , CO 80110 (303-761 -4 376) SELECTED STATISTICS November 1989 CIRCULATION Central Library (in c . i n-hou se) 21,762 (1 '91.ll ). BooJ..obile 7 , 65 ( 8, 75 1) out of s erv. 1 day ln-flou e 3 ,559 TOT L: 26,16 (2 6,65 2) DAY l ( Ia tn) 27 23) (8 I) 20 ) ( tn) 7 1,1 59) (8 ) 39 ) :!0 , J I {~0 .262) ( ) 7 h I ) ) T l: 1 • . (19 ,b4 0) l,HS 1,5 .!) ~1.! '11) T I: .. '; ( .. ,4 33) 514) 4 ) ,07 ( ) ( ll) rr L: ~ ( :::.t.!:.:.> ll: l I • -···-----·- r -• • • -2- ll BRAR Y SP O\SORED Pf:.,JC K.I.:IS AT CE.:TRAL LIBRARY :,U 'IBER ATTE :\0 -\\C E Children's DeEa~t~~~• Story T1me s 5 5 ) 6J ( 69) Class visit s to Library ; 3 ) 196 ( 5d ) Special Prograr.1s ~ 1 ) 21!2 ( 13 ) - l l D R.\~': ~)~ ~~· · 1::=.Tr ·. ~s :t E::I l' . ..; (;'"'\...P 5 -' --5J5 ~ ,_) LiilRARY SPO\SORED PROGRA.'IS OuTSIDE CE:\TRAL LIBfl-\R\ Chlldren' s DeEartment Boot..mob1le story t1mes Bkm. Librarian's vis1•s to classes . L~ Puppet Plays EPL Librari:ln 's \'is i ts t o clas ses p rade CURR£\'T ACTI\'E REGISTR.ATI0:->5 tH Il l 6 ( 29 ( ( 5 ( \OL L~IES AOOE SJo (=o-) ( 1 ) :! ( 5 ) 3 15 ) ( 39 ) 9 ( 1 ) J ) 10: ( 6S ) 20) 731 (59 8 ) n ( 1600) ) 31:! ( ) s ~. ;·.os (s:.t 1. .J ) ("!. = 9 .-, ( :o.9i ) ( { ( 5 ) ) ) I • • • .. • CITY OF ENGLEWOOD PLANNING AND ZONING COIIUSSION DECEMBER 6, 1989 I. CALL TO ORDER. The joint meeting of the Pl1nning l Zoning C~ission 1nd the Bo1rd of Adjust - IIM!nt l Appea 1 s , ho s ted by the 8o1rd of AdjustiiM!nt l Appu 1 s, wu called to order by Board Chairman C1rl Welker at Woody's Club at the Englewood Golf Course. Phnning Conmission members present: Tobin, Hogue, Gerlick, Becker, Fish, Schultz, Wanush, Ex-officio Pl1nning Conmission members 1bsent: C1rson 8o1rd of Adjustment members present : Welker , George, Se~ur, Schiffer Bo1rd of Adjustment members 1bsent: W1l~n . Lighth1ll Also present : Staff present: Alan C1nter, Instructor in the School of Urb1n Reg ional Pl1nnlng 1t the University of Color1do/Denver Wad Kloos, Yvonne Se~n. D1vid C. Wh ite, Bor -S hyun Chen, Dan Girou1rd, 01vid Murr1y, 1nd Ann We igert, gr1duate students at UCO. Pl1nn ng ~tnistrator 0 . A. Ra..ns Dan Brotza~n, Leg1l Counsel {C) b Cath rine M. Mlhon, Recording Secretary, BOA G r rud G. lty, Recording Secretary, Pl1nning Ca..ission • • • • • • • • • • . ' I . • - students to work in and gain a little understanding of political climate. Hr. Canter stated that he plans to do this course at the University again, and suggested the poss i bility of doing further studies in Englewood. Hr. Canter stated that the fir s t issue to be considered will be that of the Broadway Cor - ridor . Hr . Canter i ntroduced Mr. Wade Kloos, Ms. Yvonne Seaman, and David C. White, the graduate students responsible for this study. Mr. White summarized the Broadway Corridor study, and presented several slides during hi s narration. Several points that were made during Mr. White's pre - sentation : there is a lack of identity along Broadway as to where Englewood "begins" and where it "ends". There Is no distinguishing character to let motorists know when they are entering Englewood. There is insufficient on - street parking, and there is a need for additional signage directing motorists to parking areas off of Broadway. The s•all lot sizes present problems for busines smen i n that they cannot provide on-site parking, and many times busi - ness parking lap s ov er i nto the residential neighborhoods . There are insuffi - cient s i dewalk s alon g a portion of the Broadway corridor, and this area is not "pede s trian fr ie nd ly." Something needs to be done with Trolley Square . Mr . Wh i te stated t hat t here I s a 191 to ZOI vacancy rate in retail buildings in Englewo od; th e me t ro are a average is 141 to 151 . Residential use along Broad - way is cro wded ou t , and a great deal of what re.ains is deteriorated and not wel l main t ained . Hr . Whi te stated that in talking to ~rchants along Broad - way , pleasure was expressed about the Broadway location, but they want to en - co ura ge the motorists t o s hop along Broadway . Mr. White discussed he land - sc ap ing along Broadway, no t i ng the need for sa.e of the trees in the downtown area to be tri d to eliMi nate visual blockage of signs . Also , the lands cap - i ng effort s are not un1form, I n that sa.e areas along Broadway have no land - sc aping whatso ver . Mr. White suggested that the Si gn Code should include graph ic s s how i ng bu s inessMe n j ust what type and s i ze of signs could be In - st a ll d . Al so, t he Sign Code should be written s i Mply so that people under -s tand t h Cod . . ' . • • • no real fo cal po int for pedestrian traffic; the lighting isn't good; cross - walks need s pe ci al pa i nt i ng or delineation ; the street trees need to be trimmed to prevent vis ua l blockage of the signs; the property owners may want to consider i mprove ment of the rear of their buildings to make them attractive to people who may park i n the park i ng areas jn AcOMa or lincoln; (4) Cherrelyn from U.S. 285 to Rad cliff , which is in nee! of streetscaping and signs, and there is a need fo r "pedestr i an areas"; (5) the auto area fro. Radcliff to the southern Ci ty lim i ts . Th i s particular "auto row" has a great i•age throughout the metro area , and the City should try to capitalize on this image. There are problems with park i ng, and there are areas where there is need for im - proved s i dewalks to fac i litate pedestrian .ave.ent . There is a need for sig -nage to 'dent i fy Englewood . Mr . Fish asked what is wrong with Trolley Square --why is it so difficult to lease? Hr . Kloos stated that the parking is in the rear; people do not want to "go up or down " t o ·s hop , and Trolley Square is a two -level ca.plex ; the gene r al economic ch ara cte r of the City is a problet1 , also . Ms . Seaaan stated that there is a need f or good restaurants in the City of Englewood , and sug - ge s t ed t hat Trolley Squar e could also be devoted to off ices. Mr . Kloos e~~pha si zed t hat t he purpose of th ei r pro j ec t wa s not to do a aarket study , and that bef ore any specific use is pr oposed , a aarket study should be done . Mr . Wh i te suggested there i s al so a need for a good .atel i n Eng l ewood . Mr . Canter po i nted ou t that En glewo od is not al one i n experienci ng d i ff ic ulty of lea sf ng retail s pa ce , and po i nt ed out new shopp i ng are as that have gone under dur i ng the la s t several years . Mr . Cant e r s tated that he felt s a.e of t he problem wu "t imi ng •, noti ng t he ge neral econOM ic decl fne of the M tro area /s tate as a wh ole ov er the l as t se veral ye ars. Mr . Wanu sh co~n t d t hat while Trolley Squ are ha s not Mt expe ctat i on s, the Englewood Mark e t pl ac fs al.ast fu lly leased and very success ful ; and Phar -Mor Plaza Is b gi nning t o se mo re activi t y . Ms. Se c r as d if t h r ar businesses tha t se .. t o group t oge ther, t hat ot her . Mr . Kloos st ated th at li ke busi nesses do ca.pl ... nt cit d th auto row on South Bro adw ay . An tique shop s Is an - th s t o be a "c lu s tering". Mr . Kloos SU991s t ed th at r i ng changes to enh ance the i111p0r tance of the h ar •. I . • • • Mr. Canter then introduced Ms. Ann Weigert, Bor -Shyun Chen, Dan Girouard and David Hurray, who presented their study on the southeastern industrial sector of the City. Ms. Weigert stated that the purpose of the study is to provide the City with a more comprehensive understanding of the econo.ic characteristics of the south - eastern industrial zone and the iiiPact the iiiProve~~ents along Santa Fe will have on the City. Ms. Weigert stated that the study area enca.passes the in- dustrially zoned area from U.S. 285 south to Belleview, Santa Fe east to South Elati Street. This industrial area represents only 1/3 of the industrial area of the City, and only 26% of the total area in the City. Ms. Weigert stated that the study inventories the types of businesses in this industrial area, inventories the amount of vacant and under utilized sites, the nu~r of em - ployees in the industrial area, and the length of ti11e the businesses have been in operation. Mr. Bor -Shyun Chen presented some slides, and discussed the vacant and under utilized sites within this industrial district. Forty -four (44) parcels have been identified, 11 of which are vacant, 30 are underutllzed, and 4 •undeter- mined". The minimum size desirable for light industrial develop.ent is three to six acre s; the size of the vacant and underutilized parcels range in size from 11.31 acres to 1.0 acre . Dan Girouard presented so slides, and discussed the inventory of the In- dustrial area, noting hat 219 business locations were identified in this study. Th 1nventory is broken out by na.e, address, SIC code, the nu.ber of employees of the v r1ous businesses, and the length of t 11e that those busi - nesses ha e been in hat location, and whether the site s owned or leased by the busin ss . Th s udy has sh own a great diversity 1n the industrial devel - op n o th1s area, bu th y have id ntified nine basic categories within the study ar a: Auto oti e, Cons ruction, Manufacturing, tals, Medical Suppli - Prln in • True 1ng, olesalers, and Mixed Use . Mr . Girouard stated that ar a nu b r o s1atlar busin sses. and that a nUIIber of the industrial ha sp ul1z d r t ng nfch s. Mr . Ctrouard noted that there are r Sld n ul use s in ersp rsed throughout t fndustrfal area . He fur - h r no d a ou M ri a Str t has a avy cone ntratfon of saall us1n s /ln !. 'ia l us s . r . G rouard shted that t C ty needs to d ter - aln 111 t o s and ndustrttl USt ant to attract in he • 4 • • • • If Tufts and Quincy intersections are to be closed, there .ust be so.e source of traffic relief in the area between Oxford and Belleview. Mr. Murray stated that their recommendation is that Union Avenue to the west should be extended across Santa Fe to the east and connected with South Navajo Street. Several possible alignments of this connection were displayed on the screen. Ms. Weigert recapped the presentation, noting that the reca..endation on Union Avenue are based on the projected levels of service for the intersections of Dart.outh and Oxford . Santa Fe is projected to have a poor level of service into the 21st Century. To keep sales tax revenues and additional jobs fr011 leaving the City, workers and shoppers need to have a .. ans of safe, speedy, and efficient travel. lack of accessibility can lead to relocation of COII- .. rce and industry to areas of less congestion. Brief discussion on the industrial &ld transportation study ensued. Mr. Girouard ~~~phasized the need for involv.-nt in the configuration of the Oxford/Navajo/Windermere route, and reiterated that poor access will deter businesses and commuters fr011 c011ing into Englewood to do business . Navajo is classified as a tru ck route, and will be an i11portant access route into the industri1l 1rea . Mr. Murray interjected that South Navajo Street would carry both industr i al and r esidential traffic. Mr. Wanush in qui r ed ab out attitudes of business .. n that were surveyed . Mr . Girouard stated t hat a lot of the businesses are long -ten~ businesses, with 63S be i ng her e 5 yens or 110re, and 761 being here Z years or 110re. .,siness - .. n are con ce r ned with 1cc ess, and wtth the closure of Kenyon, Quincy aftd Tufts, th is will 1~pac t the industrial area . Mr . Murray sta ted t h1 t the database should be considered in relatiOft to the expansion of busines ses or the attractiOft of new businesses . Ms . Becker asked how we co uld help xlstt ng businesses stay in Englewood . Mr . Canter stated that th is is a ar t i ng decisi on , and not within the purview of the study . The s t udents pre sen tation . r than ed fo r their work in COIIPiltng the studies , lftd for the Th etlng ad jou rned at t :lO P.M. • • ,. • AGENDA ITEM 19(E) AND (F), CITY COUNCIL MEETING JANUARY 8, 1990 HATHAWAY : YOUR HONOR, I JUST WANT TO MAKE ANOTHER COMMENT. THIS DOESN'T MEAN BY NO MEANS THAT I WANT, DON'T WANT TO CONTINUE TO PURSUE THE ISSUE OF CLARIFYING THE CHARTER AS FAR AS RESIDENCY OR AS FAR AS AGE, BUT I DO BELIEVE THERE ARE OTHER WAYS TO DO THIS . THESE PARTICULAR ORDINANCES WERE ORIGINALLY PASSED ON DECEMBER 18 AS EMERGENCY OR- DINANCES TO BE PUT ON THE BALLOT FOR JANUARY 30TH. SINCE THEY DIDN'T MAKE THE REQUIREMENT OF PASSING 7-0, THEY CANNOT BE PUT ON THE BALLOT AND THEREFORE WOULD HAVE TO BE SCHEDULED FOR AN ELECTION HAD THEY PASSED THIS EVENING. THEREFORE, I WOULD LIKE TO SAY WE SHOULD KEEP ON TOP OF THIS AND I WOULD LIKE TO SEE THAT ATTORNEY GENERAL RULING AS SOON AS WE GET IT . IF NOT, WE MAY HAVE TO PURSUE THIS DOWN THE ROAD . I . . - • • • • . :,~~~:::~~)' 19 {&) ·.' ,) .J BY AlmDUTlC CR>nwc! 00. CXXltCIL BILL 00. 47 SimES C. -iJJ89-"""T99 0 lNlXQX:!D BY <XU«:IL MEMBER~ ~ IYUjfllJ{ff.ll/U tJU{_tW:-<fLi AN CR>nwa ~ ro A VOl'E c. 'l1iE QUALIFnD ~ c. 'IHE ern c. J!Hi!I.IIWXD ~-ELO:'TICII 'JIQ M •= 3 e1 IHUM J8, let~, ~ AMIHJ4fNl' 'ro 'DIE OfM'lD ~ 'IHE CITlC C. f:GS«XD RElMlNO 'ro 'l1iE FI!W«:IAL lJ.IICitT ~ lMPASSE ISSUES, 1118 !I "MMI8 Ml IMRiiiiJello. 'DIM': Section 1. 'nlere -~~~~tted to the qualified electors of the City of ~lewcod at~~ ipal election toe tile Mld • a ... ICY ~. 'i99e;' prcltiOSed ~t to the O'luter of the City of l!l"lglewood, u follows: '1tlat effec:tiw im»dinely upon approval of the qualified electors of the City of !)'lqleo..ood, and the certification thereof to t."Mt office of the s.cr.tary of State of t.'w Stne of Color.&:>, pursuant to Section 9, Article XX, of the Colon&: Constitution ~ Section 31-2-210 Color~ JWviled Statutn, Article XY of the Jb!e Rule Owarter of the City of Englewood ia t.nby •••idleS by .&U.ng the following p•ncJI'IP' a the~ of 137:6: 137 :6 FJCt AL'IDNM'IVE 5DGZ J«'AStN Cit 'DIE ML1Dl' st&UIWI 'roAM ELI!rl'ICII AS A Ja!SLT ~ AM JMII.DdZ M'ASSE !IW.L DI:UI:IB A S'lMD4Dfl' PREPMm 1Y '1'RI ern• S rDW«::AL DIP.Aimeft' STATDG 'DIE Fnw«::AL IWICl' fZ !'JOl AL"l'DMTTVE SDG.E M!MtMB Pat '1'RE NEXT CIIE 'a'.M. ion 2. nw "''t1n9 and piper b&llot.a for said election a.'lall carry & f ollowinrl ~Hon lol\ic:h ah&ll the N:aiuion cl . ) I . • • • • SectiCI'l 3. 'n'le proper officials of the City of Dw)lewood shall give notice of said special llllnicipal electiCI'l, 1ollich notice shall be plblished in the manner and for the length of ti-. required by law, and the ballots cut at such electiCI'l shall be canvused and the result aac:ertained, determined, and certified u required by law • • Introcb:led, reed in full, -ad, and puMd .. -lidlld Cl'l the lith~ of Dllcantler, 1989. Plj)liat.d u a Bill for 1n OE'diMnce Cl'l the 21st ~ of Dec• • c, 1989. RMd by title lnd paaMd Cl'l final reading Cl'l the 8th ~ of January, lt90. P\j)li-.s by title • ~No._, Seri .. of lHO, Cl'l the llth ~ of Jeuary, lHO. htitaa a. craw, Bty ciidi '2.:) •• '1:» • -a----- I • (R)lNAOCEOO • .J- S!mES (R 1990-- • • • <XUCIL BILL 00. 48 nmaxx:m BY <XUCIL ~ HABmiOfl' ' HA'l'HMolAY PmPLES (R)INAM:E 00. _, SERIES CF 1990 19 (h) AN (R)INAOCE AMEK>IlG TITLE 1, O!APTER 5, ElG.EilXX> K.NICIPAL COOE 1985, BY AOOilG A NI!H SEX:TICN 9 PERTAININ:; 'ro CXXJNCIL BflU'ITS, mx::I..ARn«; AN ~ RELMm '1HDtE'l'O, AND SE'l"l'nG nilS ISSUE Fat A SP&:IAL EUX:'TICN. t«lf, ~. BE IT ~ BY T'rtE CI'IY <DH:IL CF 'lHE CI'IY CR mGDIXD, ~. niAT: section 1. 'l1lere shall be 11\i:nitted to the voters of the City of Enql~ special election on January 30, 1990, the following question: •Shall Title 1, 0\apter S, Englewood MJnicip&l. Coc5e 1985, be lllllnded by .&1ing a new Section 9 to read as follows: 1-5-9: BOBTrS fat <XU«:II..PERS:N$: CITY <XU«:IL S1W.L BE !II1'IU.m 'ro THE ~ BDIEFITS IN AIDITICN TO Ml.MIES: A. CITr StW.L PAY pea SDG.! t-I!DICAL Mm a!NrAL Pltii4IlltS pea A PLN1 A'\IAILN!LE ro AIL fU.L-.TDe IM'LOl!E!S C. 'DIE em. • ___ YES s.ction 2. Upon awroval by the voters of the ~ion Mt forth in Section 1, the ord1nanca of the City of Enql4IWOOCS shall A-.1 u follows: l-5-9: IENEFITS fat~: CITY <DH:IL SIW.L IE IBI'I'1U2) ro 'DIE ~ BEm:nTS IN AIDITICII TO ~: A. em stWl.. PAY fat SllG..I Hr»ICAL Mm £8riN. PRII'II'I.I. Pall A PlM AYAD.AII.B ro AIL NL-T'DII a.tmiZI ca' 1HE <::nY. nt~Pec:t to thia tar, thenJ 1a t.nby lwed an votan ~idK thia U.. at the ~ • I . • • • Published u a Bill for an Or'diNince a1 the 21st day of Dec:eber, 1989. RMd by title lind puMd a1 final reading a1 the 8th day of JMU.Uy, 1990. Published by title u Ordinance No. _, Series of 1990, on the 11th day of Jmuary, l.HO. PatriCia B. &if, City cleat I, P.Uicia B. Crow, City Clem of the City of ~' ~. !wnby c.rtify that: the ~ ia • true aapy of the ClrcUnlnc:. s-eed a\ final ~ -.4 published by title • ~ No. _, Series of l.JtO. ma. a. craw ... :' .· I . . . ·I • I • • • 19 (1) O:UCIL BilL NO. 49 nmoxx::ED BY CXXJNCIL MflimER ~ICHT Hf (R)IlWICE APPR:JI,IlH; AGRmo1tNl' ~ 'lHE FlG.fKXD PUBLIC LIBRARY Ate) ARAPAIIE LIJIWtY DISTRICT 'ro PROVIDE LIBRARY SERVICES RR RESIDENl'S CR BC1l'H JtiUSDICTI~. ~. the Englewood Public Library and Arapahoe Library District enter into an ~eenent annually whereby Englewood agrees to provide library ~~ervices to residents of unincorporated areas of Arapahoe County and those ltllnicipalities within said county not ~rati.ng their CMl ~lie libraries, and Arapahoe Library ::>istrict agrees to provide library services to residents of !n)lewcod; tOr, 'nDEP'CJU!:, B! IT ~ BY THE Cl'l'lC CXUCIL CR 'lHE Cl'l'lC CR DD.DIXD, ~. AS ra.u:HS: Section l. 'lbt aqreeD~tJit bet\ol8en the City of &lglewood and the Arlpllhoe Library Dlitiict, titled "h,irea:m~t for Library Services," is hereby approved. Said ~--·t generally provides for the following: 1. ~party shall circulate to each other's ~lden -.y i~ wailable for circulation fraa its bcility at a rate of 55 cwtta per trWiaac:tion for the net difference bebiMn the total transactions. 2. 'l!le tera of this ~---nt ia fraa January 1, 1990 through December 31, 1990. 3. Neither party shall receiw any equity in book stock of the other. 4. ~party shall haw .aoeaa touch other's library ncorde. , at ita cption, Pfti'Vide ceru.in bocbcb le .uvic:e at ~IQr't-.,t to the City of 27. 5 cent• pw lo.n. •· <e. pJbUe U.bnd• partici 1n9 in ~ "*>lie ADceea to L!llrar1• (APAL) will it. ~ to .1 ,000 in a re.t.ricted fl.ftt to be held and .ured by Al::lplhoe Library District for th1• ~· :--. -·· I . • • • Published u a Bill for an Ordinance en the 21st day of Ilec8lt:Jer, 1989. RINd by title -.cS puMd en final reading en the 8th day of Januuy, 1990. Published by title u Ordinance No. _, Series of 1990, en the 11th day of JiiiNaly, 1990. Patric:la B. Czow, dty cia I, P.Uicia B. Czow, City Clem of the City of lhJl-..aod, Colorado, henby OKtity that the ~ ia a true aapy of the Ckdinlnce pu...s en final re.diniJ lnd publi8ha4 by title • Ol'dinlncle No. _, lerift of lttO. rat:rlCli a. craw ,.. ' I •• • .. .; ~· ..... I . • J • • • 19 (e) AN (JU)DWQ SUBMITl'IN:; 'ro A V01'E C£ '1HE QtW.IFIED !UX:"1atS C£ '1HE CITlC C£ fHiLIHXI) Kt A SPEX:IAL ELErTI~ TO BE HElD ~ JANUARY 30, 1990, PRCFam> NI!HI4fN1' TO '11m CWtTER C£ '1HE CITlC <:E E:G.DOD ~ TO AGE MD RESIDDCY ~ C£ l ·DBERS C£ '1HE CITlC CDN:IL AND ta::I.ARlNa AN ~- BE IT <JmAINED Bl '11m CITlC CX:UCIL C£ 'IHE CITlC C£ DG.fHXX>, CXLaWX>, Section 1. 'lb!re is hereby sutlnitted to the qualified electors of the City of fh;lewood at the special JDJnicip&l election to be held on January 30, 1990, proposed amenclllmt to the Ow:ter of the City of Dlglewood, u follows: 'ft\at effective Um.diately upon approval of the qualified electors of the City of Englewood, and the certification thereof to t.'w office of the secretary of State cf the State of Colorado, pursuant to Section 9, Article XX, of the COlorado Constit:ution and Section 31-2-210 COlorado JWviMd Statutes, Article III of the ~ Rule 0\&rt.er of the City of Englewood is henby 10e1iided to read as follCMS: 23: • 2 .·-: .. ~.··::. . . •' 0 I • • • • . . ----·-----· ·-4--~-·---···-- And each elec:t.or voting at said election ex! desirou.8 of voting for or aqainst said ~t shall indicate his c:hoic:e by depressing the arppropriate counter of the voting machine \11\ic::h indicates the word "For• or "Against• or by apprq>riate markinq upon paper ballots 'lllere used. Sec:tion 3. 'Dw proper officials of the City of En;lewcod shall give ;notice of sara spec:ial llllnicipal election, \oltic:h notice shall be published in the manner and for the length of tw ~rwd b;y law, and the ballots cut at such election shall be c:anvuMd and the nsult ucert&ined, deteDIIined, and certified .. AqUirwd by lat. Section 4. An .._.genc:y exist. to P£Otect the wltan of the citiMM of En;li'WOOC! L\ that vithc:M: IIFFCJV&l at the nat election the citiMM will not hiMt cle.r infomat:ion on the ipact of cpalifications of oounc:ilpenons at ~elections. Int.roct.Jr::,e, read in full, and pu.ed on first rHding en the 18th day of Dec•• ti 1 1989 o N:llishecS u a Bill far ~ ordiMnce on the 21st day of Dlc:MAtr, 1989. RMd by title ...S PMMd en final ruc:tin1J on the 8th day of J~, 1990. P\j)lishecS by title • Ol'di.Mnce No. _, Seriu of 1990, on the Uth day of J-.aary I 1990 o h tilc:l a i. crow, d ty dedi -:·;] '!'~-~: :' .· ::-~~ ,-;.;_ .- I 1 • • • CXXN:n. BILL NO. 46.2 nmaxx:m BY aua:n. M9IER ~Mflaarr 19 (f) M (R)INANC! suaa'l"l'DG ro A VOl'E r:£ 'DIE QUALIFim ~ r:£ 'DIE ClTlC CE !Hil.DIXID Ia A SPB:IAL !I.I!CrlC111 'ro BE HELD Cl1l .w«JMY 30, 1990, PJOIOSm JMHHNl' 'ro '1111 CIARlD r::. 'DIE CITY r:£ !let..fXXD R!IMilG 'ro 1tGE All> RI!SIIlfl«:lC ~ CP t-B&:RS CP 'l'HE CITY CXUl:IL All> ta:::LAIUl«< M ~- 'IBM': sec:ticn 1. 'nwre is hereby sutmdtted to the qualified electors of the City of &oglewood at the ~ial llllnicipal election to be held on January 30, 1990, propoeed wredreiat to the 0\art.er of the City of f))glewood, u follows: 'ltwlt effective iJrr.wdietely upon epproval of the qualified elec:ton of the City of Englewood, and t.~ cutific:.tion thereof to the office of the 9ec:retary of SUte of the SUte of Colorado, pursuMat to Section 9, Article XX, of the Colorado Ox\stituticn and Section 31-2-210 Colorado Revi.Md at.atute., Article III of the ~ Jtule 0\art.er of the City of ~lwood is hllnby ••me! to read u follows: 23: Ml'Ia.E III ~ISl.\TIVE IOOY • a I . -• • • ---------- '1ht Colora<b Suprene Court hu declared another city's 3-year residency requirenent unconstitutional. 'lhls arendlent would recb:e confusion and cate into oa~pliance. And each elector voting at said election and desirous of voting for or against said se:Aent shall indicate his choice by depressing the appropriate CXlW'Iter of the voting machine 1otlich indicates the 't«>rd "For" or "AI;ainst• or by appropriate marking upon paper ballots 'lolwre UMd. Section 3. 'l1w proper officials of the City of D1gl~ shall giw notice Of Aid special IIUU.cipal election, toflich notice shall be published in the IIIIIMer and for the length of ti• ~by 1.,, and the ballots cut at such election shall be canvassed and the result Meertained, ~. and oert:ified .. rwquired by 1.,. Section 4. An -.rgency aists to protect the wtlfare ot the citizens of DwJliWOOd 1ft that without llppi'Q\r&l at the next election, the citizens will not tww clear !ntomation on the qualifications ot counc:ilpenons at ~ elections. Introcb:led, rues in full, and passed on first re~ on the 18th dlly of o.c.e.r, aat. Published as a Bill for an Ordi.Ninc:e on the 21ft day ot n.c +4 c: , lJ89. RNd by title end puMd on final reading an the 8th day ot J..aary, 1990. Publilhed by title as Ordi.Ninc:e No. _, leri .. ot ltto, on the 11th day ot J.nuary' 1990. JiiitilCl a 1. Orow, Ci ty didi ... -. ' ·: .. . ·.1 ·: D I . • • • • BY AIJI'HORITY OODINAOCE NO. SffiiES OF 1989-- COUOCIL BILL NO. 4 7 1NffiOOUCED BY COUOCIL MrnBER CLAY'roN A BILL FOR AN OODINANCE SUBMITI'JN3 'ID A VUl'E OF 'ruE QUALIFII'D El.EC'J:'rnS OF 'ruE CITY OF l:NiLEHXJO AT 'ruE NEXT SCHfDULED Rffii.JLAR :·ttr.HCIP,\L El.EX::Tim PROPOSED ~ 'ID 'mE OIARTER. OF TiiE CITY OF 00..0-o:x> REl.ATIN> 'ID TilE FINANCIAL IMPORT OF INPASSE ISSUES . BE IT OODAINED BY TiiE CITY COUOCIL OF TilE CITY OF~. COLORADO, 'rnAT: SP<: ion 1. 'nlcre is hereby sui:Jnitted to the qualified electors of the City of El'gleo.~ at the next scheduled regular rrunicipal election proposed nd'rcnt to the Charter of the City of 0\gleo..ucd, as follows: 'nla effec ivc irrrrediatcly n approval of the qualified electors of City of Engle~,uod, and the ce ificaticn ther f to the office of the SCcre ary o f St~te of the S c of Colorado, pursuant to Section 9, Article XX, of ~ ~olorado Constitution and Sec ion 31-2-210 Colorado Revised S a utes, Article XV of the I Rul Charter of the City of Dlglewood is hereby nded by adding the followin'] paragraph at the end of 137:6: 137:6 D1PASSE REOOLUTICll EH:H ALTERNM'IVE SDG.E f· :k_qJRE "niE BALLOT SUBUTllD 'ro AN El.ofrl'I~ /IS A RESULT OF AN EM'LOYEE SSE SHALL INCLWE A STA'l"D&rl' PRfl)ARfD BY !E CITY' F'INNCIAL EPAR'J)IfNI' STATDC 'niE Fnw«::IAL DIP ACT OF EIOI .\Ln»>;\TIVE S MF.AS\E ~ THE NEXT Cl~ YEAR. -). - I . -• • • Section 3. 'nle prq>er officials of the City of fuglewood shall give notice of said special rrtlnicipal election, lollich notice shall be published in the manner and for the length of tine required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Introduced, read in full, amended, and passed as amended on the 18th day of December, 1989 . Published as a Bill for an Ordinance on the 21st day of llecentler, 1989. 1990. Read by title, amended, and passed as amended on the 8th day of January, Plblished in full as amended on the 18th day of January, 1990. Attest: Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk of the City of &lqlewood, Colora&:>, hereby certify that the forecJOing b true oopy of a Bill for 11n ~nanc:e read in full, -Mted, and pueec1 u ~on the 18th day of l')eoowber, 1989, published in full as on the 2at day of nec.t.r, 1M9, read, -!ndi!Cl, putled on the 8th day of January, 1990, lind publi in full aa on the 18th day of January, 1990. PatriCia H. Crow ..... I Englewood City Council Minutes January 8, litO -Page 11 • • • AGENDA ITEM 19(G) -CITY COUNCIL MEETING JANUARY 8, 1990 HABENICHT: YOUR HONOR, I'D JUST LIKE TO EXPLAIN MY NAY VOTE. I UNDERSTAND THE INTENT OF WHAT COUNCIL MEMBER CLAYTON IS TRYING TO 00. I DO BELIEVE THAT IT IS THE RESPONSIBILITY OF COUNCIL TO INFORM THE PUBLIC AND THE VOTING PUBLIC OF THE IMPORT AND IMPACT OF ANY ELEC - TION ISSUE. I, HOWEVER, BELIEVE THAT THIS KIND OF SOLUTION COMPLI - CATES AND C(IFOUNOS THE CHARTER RATHER THAN SIMPLIFYING IT, AND COULD LEAD TO A LOT OF MISUNDERSTANDINGS AND LITIGATIONS IN THE FUTURE BECAUSE OF THE COMPLEXITY OF THE WAY THINGS ARE STATED . I BELIEVE THAT IT IS THE RESPONSIBILITY OF COUNCIL TO INFORM THE PUBLIC ON THESE ISSUES, BUT NOT THROUGH THE CHARTER . CLERK READ COUNCIL BILL WITH AMEIOtENTS NOTED . CLAYTON lli)VED PASSAGE. CLAYTON : YOUR HONOR, I 'D JUST LIKE TO NOTE THAT I UII)(RSTAND ALEX 'S OBJECT AND I SUSPECT SOtE OF THAT IS, ALEX, I AGREE WITH YOU THAT WE PROS - ABLY NEED A CHARTER CONVENTION TO LOOK AT THE CHARTER , BUT UNTI L WE GET TO THAT WE COULD HAVE A NUMB£R Of THESE OTHER ElECTIONS , AND I'M CONCERNED THAT OUR CONSTITUTENTS FACED WITH AN ELECTION SIMPLY DON'T HAVE ANY IDEA Of THE lfWCT Of SOME Of THESE ITEMS , AND I WOULD JUST LIKE US TO IWCE TMEJII Of WHAT THESE COSTS ARE GOIIIG TO IE llt[N THEY VOTE FOR ONE CHOICE OR MOTHER . HABENICHT : All), ACAIN, I AGREE, I JUST THI. OTHER aMYS FOR US TO EIEatiSE OUit RESPOIISIIILITY THAll ~. Nt, SUPfiORTI A CHARTER MEIDOT AT THIS Tl • All) THAT 'S I Vlll IE VOTI NAY ON THIS . VOTE 6 -1 HAIOII CHT DATE January 8, 1990 INITIATED BY STAFF SOURCE ISSUE/ACTION PROPOSED • • • COUNCIL COMMUNICATION AGENDA ITEif 21 (1) SUBJECT An ordinance enacting a new section, 7-6D -12, of EMC relating to possession of marihuana Safety Services Department, Police Division Director A. F. Stanley Adopt an ordinance adding section 12 -possession of •arihuan a proh ibited -to Title 7, Chapter 6, ArticleD, E.M.C., establishing a .unicipal ordinance for possession of .. rihuana less than one ounce . ) PllEYIOUS COUNCIL ACTION None STAFFAIIAl.YSIS The passage of this ordinance should have no long range f~act on other departeents . The ordinan ce was drafted by the ci ty attorney 's offtce as required by Article IX, Part 1, ~ Rule Charter . ss n t o I . ORDINANCE NO. SERIES OF 1990-- • • • BY AUTHORITY A BILL FOR 2-J(o..J COUNCIL BILL NO. 1 INTRODUC~U~CrL~ MEMBER __,~~"""";;.:;;.:=::;;..:.a= AN ORDINANCE AMENDING TITLE 7, CHAPTER 6D, ENGLEWOOD MUNICIPAL CODE 1985, BY ADDING A NEW SECTION 12 DEALING WITH POSSESSION OF MARIHUANA (MARIJUANA). WHEREAS, the Colorado Statutes proscribe, among other things, the possession, use, sale, and growing of marihuana and hashish, they do permit municipalities to prohibit the mere possession of small amounts of marihuana of one ounce or less; and WHEREAS, City Council hereby declares that possession of marihuana is in j urious to the health, welfare, and safety of Englewood citizens; and WHEREAS, the majority of marihuana offenses detected in thi s City are wrongful possession cases which can be processed, and disposed of more rapidly in the Englewood Municipal Court; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Title 7, Chapter 6D, Englewood Municipal Code 1985, is hereby amended by adding a new Section 12 to read as follows: CHAP TER 6 7 -0 -12 POSSUSIO. OF MAilliiUAIIA PltOIIIBI'I'BO A. Oef ni ions . I • • • • • 3. CONSUMPTION OR USE OF MARIHUANA shall be deemed possession thereof. B. It is unlawful for any person to possess one ounce or less of marihuana. C. The maximum punishment that can be imposed for violation of this section is as is set forth in Section 1-4-1 of this Code. However, in imposing punishment on minors for violation of this section, the Court is limited to the restrictions of Section 1-4-lB of this Code. Introduced, read in full, and passed on first reading on the 8th day of January, 1990. Published as a Bill for an Ordinance on the 11th day of January, 1990. Susan Van Dyke, Mayor Attest: Patricia H. Crov, City Clerk I, Patricia H. Crow, City Clerk of th Ci y of Englewood, Colorado, hereby certify the above ia a true copy of a Bill for an Ordinance, introduced, read in full, and paaaed on firat reading on the 8th day of January, 1990. Patrlela H. Cr • I • • DATE Janu~ry 8, 1990 INITIATED IY STAFF SOURCE ISSUE/ACTION PROPOSED • • COUNCIL COtiiJNICATION AGENDA ITEJI 21 (b) SUBJECT Old Hire Police Pension Board Margaret Free.an, Director of Finance Old Hire Police Pension Plln Reshte.ent Adopt restate.ent of Old Hire Police Pension Plan -Ordinance establishing Old Hire Police Pension and providing for adoption of Plan docu.ent by resolution . PREVIOUS COUNCIL ACTION No previous City Council action. n tn draft an r i for n st r t p1 n as by Colorado ) • • • After the ordinance change has been adopted on first reading on January 8, 1990, the Resolution adopting the plan docu.ent will be scheduled for the January 15, 1990 City Council ~eeting. FINAIICJAL The adoption of the restat ... nt of the Pension Plan has no financial i~act on the City and -..bar e.ployees . All contribution rates are to re.ain as current, pension benefits do not change and there is no financial i~act to the Old Hire Police Pension Fund. There will be a tax defen.ent or tax savings to the contributing -..bar ~loyees due to the "pick -up• or tax defen.ent provision of the restated plan. I . . • • • BY AUTHORITY ORDINANCE NO. SERIES OF 1990-COUNCIL BILL NO. 3 INTRODUCED BY C~C~ MEMBER ~ d{f-v A BILL FOR AN ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PENSION PLAN BY REPEALING TITLE 1-6E-7 AND AMENDING TITLE 3 BY ENACTING A NEW CHAPTER 7. WHEREAS, EMC 1-6E-7-1D empowers the Board of Trustees of the Englewood Policemen's Pension Fund to recommend changes to the City's Police Pension Fund/ Plan; and WHEREAS, City Council desires to enact rec~nded changes that benefit the members of the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1. Title 1, Chapter 6E, section 7 is hereby repealed. Section 2. Title 3, Englewood Munic ip al Code 1985, is hereby ... nded by add ing a new Chapter 7 relating to Police Officers' Pension Fund, to read as follows: POLICE OFFICER'S PENSION FUND: 3-7-1-1: FUND CREATED: A. The City does ereby el~t to continue to part cipat in th Pol ce Pension fund, In accordance wtth the provisions of Tttle 31, Art icle 30, Part 3, Colorado Revised Statutes, 1973, sav and except to the extent the provtstons of this Section supersedes y provfJfons of said shtutes. 8 . Th re by 1 creattd a specfal Uftd to hnef t Fund• for t purpose ot p&yfflt tho poltce offtc rs. pursuant o t T t le 1 of t C ty Cod . c. •Poltce Offtc rs ' ts cc:rutng to tton, as l1 a ) I . • • • Benefit Fund will be a figure derived by taking the total distribution to be made each year as described above and subtracting contributions made by the employee, City and State of Colorado, to the Police Pension Fund. The resultant percentage calculated annually will be paid from general revenues of the City into the Police Officers' Benefit Fund. D. In addition to the powers imposed upon the Board of Trustees of the Englewood Policemen's Pension Fund by Title 31, Article 30, part 3, Colorado Revised Statutes, 1973, said Board shall have all of the powers necessary to supervise and administer the provisions of this Section. E. The Pension Fund and Pension Plan shall be administered by the Plan docu~nt as adopted by the City Council by resolution and which may be amended as required by the Board of Trustees. 3-7-1-2: PERMANENT DISABILITY BENEFITS: A. In order to supple~nt the inco.e of any police officer who, as 1 result of injury or illness, is rendered pena~nently disabled, there shall be paid to such officer , out the the Pol i ce Officers ' Benefit Fund, a .onthly benef i t equal to twenty percent (20S) of his base salary plus longevity which he was -.king at the t t .. that he incurred such disability . Such payMent shall be i n addition to any benefits payable to the officer fro. the statutory Pol ice Pension Fund . B. In order to be eligible to receive such pay-.nt , the off i cer .ust, at the ti .. of his application therefor, be per-.nently disabled fro. perfonaing the duties of any occupation for which the offi cer , by reason of his education, training and experience , would be capable of perfonaing , but for the i njury or illness i nvolved . ln detenain i ng whether any offi cer f s so per..nently d i sabled , any dis ab i l i ty and any known i njury or i llness which pre -ex is ted the officer 's e.ploy-.nt wi th the Ci ty , shal l be d is regarded . C. P•y.ent to th off icer of such ben f i t s sha ll con t inue on 1 .ont hl y ba s s, sub jt<t t o the fo ll ow i ng c0ftd 1t ons : 1. Pay.ent of such be nef its '111 utd h v n, bu f or hfs dts ltOftdtl bfllty tfr'" t fit o. ld I . • • • hearings, take evidence, receive information and to make final and binding decisions, awards and resolutions respecting the eligibility of officers for initial, and continued, payment of benefits hereunder. (Ordinance 40 Series 1976) 3-7-1-3: RETIREMENT BENEFITS: Any police officer in covered e.ploy.ent with the City prior to April 8, 1978 and who has attained the age of fifty-five (55) years and has twenty (20) or more years of credited service with the Englewood Police Division, or a ~er who has twenty-five (25) years of .are of credit with said Englewood Police Division, regardless of age, shall be eligible to receive a service retirement pension based on the police officer's final base pay, allowing two and one-half percent (2 l/21) for each of the first twenty (20) years of accredited service, plus one percent (11) for each additional year of accredited service, to a aaxt.u. of sixty five percent (651). Calculating the base pay ~ans the average salary received as a •ember of said Depart.ent for one year before granting said pension. Pension paywents shall be made in equal .anthly install~nts to the ~r . 3-7-1-4: LEAVING SERVICE PRIOR TO ELIGIBILITY : Should any police officer in covered e.ploy.ent with the City prior to April 8, 1978 who leaves the service of the City prior to beco.ing eligible to recetve a pension, for any reason other than death, and safd -..her has less than ffve {5) years of cr~it~ service at ter.tnatton, he shall be entitled to 1 refund of hts total contribution without interest; or If said ...O.r has ftve(5) or .are years of credit~ service at ter.tnatton, safd officer aay elect either : A. To receive deferred .anthly bt~ftts payable beotnnfng at ate fffty -ffv (55) bas~ upon the ...O.r's final base pay, allowing two and one -half percent (2 1/21) for each of the first t nty (20) years of accred i t~ service plus one percent (II) for tach add i tional year of accred i t~ serv ic e to a .. x f ~ of st xty -f fve perc nt (651) of ba st pay ; or B. Rect ve a refund of h s tota l contr but t ons wf th nt rest , th r n, as y bt d t ,... by t ard of Trv s s of f any , fd F'unct . 3-7·1·5 POl JC P f I n H v of l t s 11 t .R.$. 19 7 , fct pa lf ty , I . Attest: Cfty Cle rk • • • invest~nts would be authorized invest~nts by fiduciaries within this State as set forth in Title 15, Article 1, Part 3, C.R.S. 1973, or any subsequent a.e~nt thereto, providing that said Board shall at all ti .. s hold fixed inca.. obligations having 1 book value or cost of not less than sixty percent (601) of the totll contributions 111de to said Polic ... n's Pension Fund, less the ..aunts paid out. All securities invested shall be deposited with the Treasurer of the City, as ex officio treasurer of the Board of TrustHs of the PoliceMn 's Pension Fund, and subject to the order of said Board. Introduced, read in full, and passed on the 8th day of January, 1990 . Published as a Bfll for an Ordinance on the 11th day of January, 1990. I, Patrtc t a H. Crow, Ctty Cltrt of the Cftt of [ftlle.ood, Colorado, hereby cert tfy that the above ts 1 true copy of the ltll for Ord , introduced, reid tn full, and passed 011 first rtldfftl 011 t lth 1 of J ,.,, 1990. RESOLUTION NO. I SERIES OF 1990 --- • • • -2 1 (c) A RESOLUTION CALLING FOR A SPECIAL ELECTION PURSUANT TO SECTION 137:6, IMPASSE RESOLUTION PROCEDURE, ESTABLISHED BY THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD, RELATING TO-THE ENGLEWOOD POLICE BENEFIT ASSOCIATION/FRATERNAL ORDER OF POLICE LODGE #22 AND SUPERSEDING RESOLUTION N0.72, SERIES OF 1989. ~~ERtAS, the Englewood Police Benefit Association/Fraternal Order of Police Lodge 122, has notified City Council of its dissatisfaction with the Career Service Board's recommendation concerning the mandatory subjects of collective bargaining; and WHEREAS, Resolution cf December 4, 1989, on this subject was protested and after negotiation and in the spirit of harmony, the Englewood Police Benefit Association/Fraternal Order of Police Lodqe #22, and the City Administration have resolved the controversy on the wording of the ballot; and WHEREAS, pursuant to Section 137:6 of the Home rule Charter, the City Council hereby submits to a vote of the qualified electorate o f the City the f in al offer of the City, the Englewood Pol ice Benefit Association /Fraternal Order of Police Lodge 122, and the Career Service Board as follows: CITY OF ENGLE~~D FI~AL OFFER-The City's final offer rejected the Senio r Patrcl Officer pay. THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER OP POLICE LODGE 122, FINAL OPFER The En9lewood Police Benefit Associat ion, Fraternal Order of P~lice Lodge 22, final offer requested, effective January 1, 1990, the establish nt o f Senior Patrol Officer pay ith a salary ncrease o f 2.0 percent over the Class l Patrol Officer at the b ginn ng of the sixth ye ar of service. The salary 11 ncnaae another 2.0 percent a b ginning of • nln h year, lf h nd fifteenth tor 0 l 0 n e.o perc nt increase, n addition 1 p ay raise , ov r a period of ten ye rs. DATI IL or Til , I • • • ~~(~ __ ·--·-·--------------------------~ the year 1990 as it pertains the establishment of Senior Patrol Officers pay. Section 2. The voting machines and paper ballots for said election shall carry the following designation which shall be the submission clause, and voters are allowed to select one of the following, the one receiving the highest number of votes will be deemed approved: CITY OF ENGLEWOOD FINAL OFFER -The City's final offer rejected the Senior Patrol Officer pay. THE ENGLEWOOD POLICE BENEFIT ASSOCIATION, FRATERNAL ORDER OF POLICE LODGE 122, FINAL OFFER The En9lewood Police Benefit Association, Fraternal Order of Police Lod9e #22, final offer requested, effective January 1, 1990, the establishment of Senior Patrol Officer pay with a salary increase of 2.0 percent over the Class 1 Patrol Officer at the be9inning of the sixth year of service. The salary will increase another 2.0 percent at the be9innin9 of the ninth year, twelfth and fifteenth years for a total of an 8.0 percent increase, in addition to normal pay raises, over a period cf ten years. C.UEEJt S!JtVICE IO.UD RECOMMENDATION The Career Service Board reco.aendation rejected the proposal for Senior Patrol Pay. Section 3. aupene&td. ~•solution »0.72, series of 1981 is hereby ADOPTED ~D APP~OVED thls lth day o f January, litO. lli u.n Van yor y ciuk Cr f or .tty Sa of d 0 I • • • • RESOLUTION NO. ~ SERIES OF 1990 --- A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE MUNICIPAL COURT JUDGE AND ASSOCIATE JUDGES FOR THE CALENDAR YEAR 1990. WHEREAS, the City, by charter, has the responsibility to adopt a Resolution determininq the salaries of Council appointees and the Municipal Judqe; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The annual salary for the Municipal Court Judqe and daily salary for Associate Judqes are hereby established for the calendar year 1990, to wit: Municipal Court Judqe $ 55 . 57/. tJO sub ject to review for increase o n February 1, 1990 retroact ive to January 1, 1990. tZ5Q. per day ADOPTED AND APPROVED this 8th day of January, 1990 . A st: Pa rlcla B. Crow, city Clerk • Cr c rt fy 0 u o. Kay or 21 (d) I . DATE January 8, 1990 IIIITIATED IY STAFF SOUICE ISSUE/ACTICII PIOPOSED • • • COlltCIL COMIUIICATI ON MamA ITDI 21 (e) SUIJECT Bi-City Supervisory Co..ittee Stewart Fonda Value Engineering for Phue lA Design. The action proposed is to approve by ~tion the perfon.ance of a value engineering study on the Phue lA design by Cup Dresser and kKee. PIEVIOUS CC..:Il ACTICII llone. STAFF MALYSIS A value ett9fneer ng study for des 9ft of t Phas lA proj t at t I -City WTP h requfr.d to obtain project financing fi'OII t Water Pollution Control It! volving Fund ( RF) as a loan, or fi'OII the EPA tn the fo~ of a grant . A grant fi'OII t EPA ts only a te possibility . A WPC loa -.y be des r le, ause of 1 • r tnterest rates for t loan . ) • • • The EPA construction grants progr .. is in the process of being changed to a revolving loan progr... The .oneys that previously would have gone to grants will now be loaned to utilities and, when paid back, will be loaned again to other utilities. Thus, the progr .. will beco.e a self-perpetuating progra• with the .oney reused over and over again. One fund; ng option for the Phase lA project is the VPCRF . In order to keep this option open, value engineering on the project design is needed. Proposals were requested fro. three consultants experienced in value engineering: Black and Veatch, Brown and Caldwell (the design engineer), and C111p Dresser and McKee. Black and Veatch declined to propose because of scheduling conflicts with their personnel. The proposals are: Brown l Caldwell C111p Dresser l MciCee : Alt. A Alt. B Cost U4 ,600 S53,1ZO S4Z, 700 Manhours Z80 484 440 Plant staff and the BI -Ct ty Supervfsof'J Ca.tttee revlewd the proposals and rec~ that Alte"'ate •a• fro. C111p .,..sser and NcKH be approvM . They have proposM 1 wll qualtfiM te• and, although the proposed cost fs not low, the CCIIIpletely independent review was de-.d .ore desirable than having the design engineer perforw the study. The level of effort and cost are appropriate for a project of thfs ~~~pftucle. FI._JAL The value engineering study will cost S4Z,700 . The cost will be split 50/50 with t Littleton S..r F'und . Funds wre not budgetM In ltto; however, there are ate funds f11 the r Fund baluce to cover this. The lieN for 1 budget rev 11011 • 1l be cioterwtned at •td-yeu as part of the lttl budget ,..,.r1tl011 ffort . I . • • • ·-~·-·---- STAMIWtD FOlM OF AGUIIIINT IITVIDI OVIlla AIIDIIIC ll'lllm'DID~r. roa VALUE IICDIIIIINC: PftOFISSIOML SIIVICIS wniiS IS All 'GUIHIIn' .... u of ----=J~uua=-.rz""-'4""'---1990, ta t1 &Dd to provide ~f•l1011&1 ._laeed., couultatlon ud edYtce for a prof•atoaal fM ( .... t forth ~low) ta ca.eectloa vltb the Yalue Jact ... rt., Study for Pllue 1& kpeuloD of the It-City VVT'P, En,levood, Colonclo. (TUS tft u . l s I / • • ---~-'91:! 11:= S!CTION 1. BASIC SERVICES OP EMCINEEI\ 1.1 INCINE!& ahall perfora the fo1lovi~ profesaional services& 1.1.: Consult vith OWNER to clarify and define OVN!R'I requireaents for the Asstanaent and revie~· available data. 1.1.2 Advise OVN!R as to the necessity of OVN!R'• prov1dina or obta1ntna froa others special tervicet and data required in connection v1th the Ass!anaent and assiat OVNEl in obtaini~• such data and services. 1.1.3 Prov de analyses of OVNEI's needs vith evaluation L~d coa?arat1ve studies of prospective solutio~•· 1.1.4 Prepare a report of &NGIN!ER's findinas and reco dations, furn ish 20 copiu of the leport ud review it in penon ~orith <MIER. •1.2 Tbe dulSe and responsib111t1es of ~lJ!El described above are suppl ted aad ~ as indicated in Par.,raph 1 of lxh1b1t A •rurther De•cription of Scope of Servicea • (Scope of Ser vi ces), vbieh it attaehed to and aade part of tbta ~re.aent. SICTIOII 2. ADDITIOIIAL SDVICIS 2.1 lf autbori1ed by , additional .. cvices relet to t e Assirn nt vill perfor.ed by IMG~ for an additio profesa 1 fa 11 tbe rtiea .. y aub tly -.r ... SICTIOII 3. SlllUTllS t1 ly er 10 as not o delay t 3.1 11 I • • :.--J~D4-'90 11:3.; ID:C:.t!VLENVE l~.n l fl rl ot:.L. '"'-'··''·'·.-'-'-' '"'-- 3.4 Perfor~ sueh other functions as are indicated in Paraaraph 2 of !&hlbit A "Scope of Ser•ice•"· 3.5 lear of costs incident to co•plianee with the requtr ... nts of this Section 3. SICTIOII 4. PDIOD OP SUVICI 4.1 IRGINE!l's l .. ie S.r•Sces vill be perfor.ed and tbe Report sub.itted vltbln the ti .. period or by the date stipulated in paraarapb 3 of bhib1t A "Scope of S.rvlcu•. 4.2 IMGINE!l's 1&11e Services under this Acr....nt will be considered eoaplete et be earlier of (1) the date vbem the leport la accepted by OUMia or (2) t~irty deys after the date vben tbe ~eport is •uba1tted for flnal acceptance, plus in eaeb ease, if eppllcable, s eh additional t i ...... , be considered reesonable for obtainS~ epproval of ao vera.ental authorities he ina j~rlsdietion to approve the Report . 4.) ENGIMtll 'a Additional Se tees ill be ~rfor and eoapleted v1t 1 the t l .. pe r iod .,reed t~ ln vrltS by t he parttee at t~e t1 .. •~en aerv i<:ea are a u tbo r hed . 4 . If .y tl .. period witbln o date by vb1eb any of ENCUiila 's Mrvius an to be c oepleted it eaceed tb o no fault of DICIMID, a rates , ur s and nts of c tloo and the tl.. fo:: eoapletSon of perfor-.nce • 11 be su ject to equitable edjust-.nt . II I • • -~ J~--·90 11:36 1 :CDV ~ 1331 17TH SECTION 6. GESERAL CO!~SIDWTIONS 6.1 All docueents prepared or furnished by E!~INEU (and ENCIN!iR ' s independent professional associates, subcontrac tors, and consultants) pursua nt to this &&r~aent are lnstru.anta of service and ENGIN!~ shall retain an ownership and property 1nte:est therein. OVNER aay ..te and retain copies for inforaat ion and reference! however, auch docu.ents are not intended or represented to be suitable for reuse by OVNEl or others. Any reuse without vr1tten ver1f1 ca !on or adeptati cn by ENGINEER ~or th e 'P~c~ff c p rpose lnter.ded w11 be • 0 'E!'s ao !e dslt and vi ho\l l liabilhy or ltfal eJCposure t o DICIJII:EU, or •o ~·s independent pro{easlona l esaocietes, subcontracto:s, c consul :anu {and OWMn shall inde n.f)' and hold haralen I! 1NIER a .d INC1Nl£l'a i ndependent professional aasociates, subcontractors, acd c~u1tants) fro. all clalu , daaqu , losses d Upe!lses inc di attorneya ' ft.. ariai n1 out of or reau tin, t erefr Any au verification o r adap ation v11 entJtle I f r th r cOli nsatJ n It ratea to be aar ed upon by 0 and DICU .2 '·' • • • 6.~ Motb!a, UDder tht• Acr-...nt •ball be eon.trued to rtve &nJ rifht• or baefl tl tn thll Acr._t to UJOM other than ou.a. and r.::IJe&D, aftd all dutlu aftd re.apoulb111tlu undutaba p~~rsuant to thh Ac~t lllll be for the aole and uelu.he beoefit of OVBl and IIIGIIIUl aDd not for the benef1 t of u:r other party. 6.6 'Data A,r--.nt (cou1at1q of pqu l thrOQih ~ htdu.he) toptbu vhla lldl1llit A c:outituta the er.tS:-e Acr.-t betveea OUIIIl ar.d IIICOIJIIIl and superMde all prior written or oral -.rat ... bp. Thh Acr..._t and .... lldl1111t A •:r oal:r be ......., , nppl-t~, ~1f1ed, or e&Dteled 117 a 4uly .. ecuted vrlttea laatru.ent. Ill VITIIISS VID!Or, tbe putlu bereto llave -. aa4 uecuted thh &cr-t •• of tiM da7 u4 r .. r first all>ove vrht . IIICOl- • -----------------------------1. J. n.ntop, s.Y.P • l))J 17~ St£!fle !tlte lJOO R~Ptr, C:.l• !Ol02 I I . • • • . !:XBUIT A TO ACUEII£NT IIETV!EM 0\IN!R AND ENCINEElt FOl VALUE ING!NUaiJtG PlOPISSIONAL SERVICES FUitTHEl DI!SCRimON OF SCOPE OF SElV!C!S This fs an exhibit attaehed to and made a part of the Aareement dated •January 4, 1990, between ___ c_Ir_r_o_F_ENIO--'_LEV_ooo ___ (OIIHER) and CW DRESSER ' MOUE DIC. (ENCIN!D) for val e enainautn, proCessional servf ees . •p~ 1 -lASIC SOVICIS 1. 'nle a .. te rvfc:as of bi<OINED u daserSbH in ~tion l of eaSd Aar-...nt are a.eftded Dd surpl nted as follows : The Pbl•• lA S.pensfon oC the Llttleton /En rlevood (11-CSty) Vastaveter Tr.. nt Plart destrn a(fort h s r.a the •t are tbat a Value lnc1neeri~r ( ~) te can provide ben f1t1al rev i ew and •ucr••tfon of Id eas Cor !~rovinc t e des!rn conc epts , details, l ayout an4 approac~. ln ,.. , efforts ha~ neffted destrn effort and could r .. ult In pre..at vorth and life cycle cost aavtncw. To aehteve theea roale, IMGiiili s 11 provtd t follovl rvtcesr •• 1 VI I . • • durin~ the creative phase, vith nuaeroue excellent ideas e .. rrina froa the jud,..nt phaae. These 1deaa in turn v1ll be studied in ore detail and developed into reeoc.andatlona . The vorkshop shall ba~fn ~itb briefings by the dttianer (B,C) and O~l£R durinr the orientation ~haae and end vJtb brieftnra to the desirner and 0~~ by the ENGINEER durinr the praaentation phaae. * c. POST -YORXSHOP ACTIVITIES: Three vork1ng days after coaplatfon of the vorkthop phaaa and oral preaentationa, a prelia1nary draft V! leport vill be provided vh1ch incorporates all VI actlvftfaa, evaluations and reco ... ndatfons. The ENCIKIIa shall conduct a follov-up ... tin, vttn the OVNER and dastrn en1lnear to dfscusa and clarify reeoaaendatJone and to receive the OVRER•s revJ.v coaaenta of the draft report. Tht desJ1ner ahall then respond Jn vr1t1~ concunfna \'hich VE reco nda lon1 vtll ba accepted, vb1c:h vfll ba 110dffiad !~.Core 1 plnentat!on, and vhic:h v111 ba rejected. Tba INGINEER vfll prepare a Ffnal Value !nrinearJnr Report within five vorktnr days after receivtnr rev!av coa.ents on the preltainary VI leport. If requt~tad by the 0\IND the a .. htant V!TC ElfCINIIl vUl aake a final oral presentation to the OVHEI's staff sua.arfalnr the results of the V! effort . Gaorre l1ek, vtrc, COM, lilly O'Donnell, AsaSt. VETc, COK Dick Steele, CDN Fred Varant•, "Sabra ' A81oc. Jia Daley, CCE , Coors Proceu/Odor "-d!I CJvll Struct.IC1v111Conat. I lee: ./Ina t. Coat Eat. Alafat1nr the V! teaa •• loeal o~-call t,.ctalftt are the (ol loviqr Carl Bouc -SoUda Vally Abel -Ctv11, Pfpt"l lob locer -owe as,t e lahra• -£l~trfc.1 1Ina:. aa crl 1" tt4 u foU tall I tf l e S4 11 , I • - • • • • a. The OIIN£R shall anht the ENCIIIE!l in obtaininr Pre llorkahop review .. terials froa the desirner Brovn ' Caldwell Enaineers, includina a aaxi.ua o£ one copy for each VI teaa aeabar, as !ollovsr 1. Proaresa prints of plans and apecJfications. 2. Copy of latest datafled co~t estf .. te fncludfna full backup quantity tske-offs, equfpaent .. nu!acturer'e quotations, unit prices, etc ... rk-up for Con ract~r's Supervision, aanal ... nt, overhead, and pro!it; eontinrency allowance; inflation to aid-point of construction, plus allovances Cor enain .. rJnr, GH, inspection and city's costs that vill be added to arrive at an eat1aated project total capital coat. 3. NPDES peraft. S. Solids balances, preaent and project future. 6. Stress test data and other plant perforaance data that establish• the capacit i es of the •xietfnr unit p:oca••••· 7. Plant self-.oni orlnr data (latest 12 onth period) and IC•a analysis of his orical plant salf--an!torinr data . 8. PopvlatiM rroj~tfon , a~ plannt111 data that h .. been uaed for pro~ cttons of flov aad orrantc loadtncs. 9. A11J ·~tal repone, ~hnlcal ramie, or clas1p rall4a and r eports t : fora the .. sit of deetrn deetaions and vill VI • a \It he cl .. trn dactelon-•U"' atepe aad tation of sfa of the cl~ili011s. 10. Ot r ~• a ant relta a r~ r ufr enta lncludiQC air poll u tion, odo , noia a, tl~ • diapo a l, etc. 11. latoey r tr ta lncludl flood eoftttol, ll . C:O,i 1 lite CJela n . 1 • •• 1 • tr t IS that are • 1 t lt•hatl ifle to thSa pl a, et c. IJtiJ ,.rfo ,., c • .. ), I • • • 16. Anythinc ~lse that vill help the tea. underatand the project a.nd the dedaions that have been I!Mlde to r~ach the pralent desicn conc~pt, features, and criteria. • 17. uses aap of plant lite. • 18. Aerial photocraphs of plant site. * b. lxaaine the Value Enc1neerinc preliatnary draft rerort and other docu .. nta presented by ENGIN£~. obtain adviea of an attorney, insurance eoun.elor and other eonaultante aa OVNEl ..... appropriate for such axa•ination and r~nder in ·~rttinc deeta1ooa pertatntnr thereto Y1tb1n a reaaonable tiDe to as not to delay the tarv1cas of ENCIM!!l. *?AlACIAPII 3 -PWOD Or SEitVICBS ), The tl • periods for t~a perforaance of ENGINEER's aarvices 11 tet forth in Section 4 of aatd Agra.-.nt are ... nded and suppl ... nted aa follov11 • • Pre-Contract Draft Contract to ~ Notlca to Proe.ad Cr~ OVNIA rra-Voruhop January 2, 1990 January 9, 1990 Inttlal .. attnc Yttb OVNII and deatrner January 9, 1990 Jot. Plan 1nfor.ationa1 Catharthl and Pre- Vork.ahop lleeth'l Con Validation Vor p or 1 op Pres tatlDft r t January 12, 1990 Januery 12, 1990 Jan. U -Ja~~. 19, 1990 J u ry 22 -26, 1990 ~ of o ·~· J rr n, t ,. r'f '1, 19 ,. " •• 1 , ry u, lttO \ ,, tetl --· ( •• 1) r-..,., 1 • 1 l/6/ • I • • • • • • 23 (a) BY AU'llJCIUTY <XXJOCIL BILL NO. 2 aU>INAOCE NO. SflUES OF 1990--~~ A BILL FOR AN CIIDINAOCE APPROVn«; SE'l"l'1'...EM WI'nt THE a:LCRI\00 DEPAR'IMNr OF HEAI.o'nt CN THE AI..Lrn WATEl't TREATMEm' PLANT CEASE AND DESIST CIID~. ~. a Cease and Desist Order was issued July 13, 1989 by the Colorado Department of Health as a result of discharge of backwash water fran the Allen Water Filter Treatment Plant; and WHEREAS, the Colorac!o Departlrent of Health has sent notice that the State W1ll settle the Order for the sum of $6,750; rot, 'niEREf'atE, BE IT ~ BY THE CI'IY O:UCIL <P THE CI'IY <P miLEl«XD, ~. THAT: Section 1. '!be settlement by the City of fl'lgle.o::ld to the State of Colora&, Depart:nent of Health, as penalty for the diiiCharcJe of baclaoluh water fran Allen Water Filter Treatment Plant at July 13, 1989 for the IIUII of $6,750 is hereby approved, a copy of lolUch is attached as Elchlbit A. Section 2. '!be Director of Finance is authori:red to pay said S\a to the State of Colorado, Dep&rt:aaent of Health, in full -.ttl~ of the JUly 13, 1989 dischar<Je of backwash water. Int.rocb:ed, read in full, and puiM!d on first rellding on the 8th &.y ot January, 1990. Plj)lillhed .. a BUl for an Ckdi.nance at the llth &.)' of JIII'AlU:y, 1990 • • aty am I . • • • MEMORANDUM TO: Mayor Van Dyke Members of City Council FROM: Rick DeWitt, City Attorney DAT E: December 5, 1989 RE: Allen Water Treatment Plant Cease & Desist Order . A Cease and Desist Order was issued July 13, 1989, to Mayor Van Dyk and referred to the Utilities Department, as a result of discharge of backwash water from the Allen Water Filter Treatment Plant. The discharges were found to contain 82 Mg/L of total susp nded solids and .47 Mg/L of total copper in the divisions analysis. Th City's analysis indicated 74 Mg/L of total susp nd d solids, alwlinum concentration of • 6 Mg /L, copper cone n r te of .46 Mg /L, and chlorine concentration of .1 Mg /L. The discharge con ain d pollu an s as defin d by C.R.S. 25-8-103 (14). The M1ke Woika c ng on behalf of the City, essentially a~itt d every allega ion in the Cease and Desist Order. h ah vll eri y Th op ons are v lable n hu er ar l. con ln1.1 to n 90 ia •• 2. Ac:c hted penalty \ant of ••.7So. Pig nal y i d nd h n a al. D I • • .. My recommendation is to pay the penalty at the present time. The bases for this recommendation is that : 1 . It is cost effective. 2. Our real defense is the amount of harm to the "River System", it has been our argument that the discharge actually improved in quality. It has also been our argument that everything that could have been done was d one . The fact is that there was a violation of the statute. With the payment of the sum of $6,750.00, it is still nominal when dealing with a multimillion dollar operation. If we cooperate on this one, we will continue to obtain cooperation from the Health Department on other violations as they may occur. The alternative of litigating the question does not seem appropriate at the present time. There are no cases on this subject and although there is a n opportunity to make new law, I cannot recommend this at the expense of Englewood. The assessment i approximately l/2 the original assessment the State was reques ing . Li igation will cert inly cost much more than $6,750.00 1n t rms of staff tim nd dedication. The problem will b hat in the future we Wlll lao be considered •uncoop ra ive .• It should also be point d ou t hat ther was a viol tion of the terms o he sta ute, th ough these are not significant viola ions, s a u s ar written in such a way that th re is virtually no ch nee of avoiding liability. The real question 1 not so much wh h r we pay, or don't pay, it is how much w pay. This is usually within the sound discretion of the agency and so long as it 1s no unconscionabl the courts will generally agree with the ag ney i posed penal y. I . • • • I would also point out this makes the State "look good" in their EPS. Cooperation does not mean rolling over, it means intelligent discussion of the issues -pointing out that the quality of the discharge was high and reducing the states indignation for not applying for a permit, i.e. reducing the ruffled feathers. The City regularly doubles fees when a permit is not pulled per ordinance. All things considered settle for the $6,750.00 and go on to other business. I intend to bring this up at the cc: Roger Fr•••r Stu Fonda nf Meeting. Rick DeWitt I . ,. COLORADO DEPARTME NT OF HEALTH 4210 Eau ~11h A\rnur Oonvor, Color•do 80220 Phono ()OJ) 320·8333 November 30, 1989 Mr. Rick DeWitt , Attorney City of Enalewood 3 400 S. Elati St reet Enale"'WOd, 00 80 1 10 RE: Proposed settlement • • • STATE OF COLORADO ' -1~--~ ~ECEI V E D \c~\ -DEC')t;lSS3 > :.1 ·~ c .. ,-~~ [r. •. !.,.:cd ::; / C•:l c!tvr n!y / '/ Roy ltomtr Covt rnor Thom11 M , Vtmon. M 0 , htcuti\t Oi•tctor Notice of Violation/Cease It Desist Ord 1989 Allen Water Treatment Plant No Permit Dear tr. Del."itt: In li&ht of the inforwation obtained at our meetm. on October 3 , 1989, '-'e have recalculated the penalty for the purposes of propos inc a aettle.ent in the above-referenced •tt.er. We will aaree to chanle tuo i~ in the aaaea.-nt: 1 I in the "willfulness" c.aw1ory, ~o-e aaree to 1~ r the percental• frc. 25" to lOX (of the buio penal yl; 21 in the c.ateiOl7 titled "discount for cooperation" we aaree to upcrade the cooperation from "fair" to "fair/lood" which 11110\lnta to a chanl• in the diiOO\.rlt fraa 5" to lOX. The chanaes we are willinc o Mke result in a new total for the 15 days of di~rt o f 16,750. · are pre~ to aettle this •twr for this MOUlt and '-'OUld aarae to close out the ac ion. I r YtN concur ~o'i th the penalty, we can &IJ:o-.~~ent for your sicnatura. 1 r. ) I • • • • • COLORADO Richllrd 0 . Lamm GOYI!:rnor OF HEALTH Entity: fnalewco~ Pu-ett :io.: No.,c.., Count~ 1'+-r-GA.. e PENALTY ASSESSHENT ~ORK SKEET A I f (..""' ;:::,· I ~ r pI a .., -+- l'rep,,rer: . ...~.~;.:a:::;=Joe...-----Dace: 10-..3 -S'j I. BASlC I'E~ALTY: Severity factor : Ievere 1110darate Daile penalty per d•y of vtohtion: !:i' 2.50 0 ----=.:...;:....::.... ------------- ------------ extr•ordln•ry a. ~lLI ,f'\lL'fESSt neaUaence C. VlOLAtlOM ~lSTOAY : •r•vtoua 1nc14enta •a alta 0 Thomas M . Vernon. M .O. Eaecutivo Oireclor --- - -------- r..,. __ _ .... -,_. ._. .. -.. --....... ..;,_ . . -..... _ .. --........ ._ __ ....., ...... ~ .... ----.. .. -I , .,. ~ . ' ., .. --· ,.,. ' . D I • - • • • • c 4) llat-1~ rtzCta~~ r~acd:J . ::r:::~~~ . ., (!fLfj~ . f/a~ ¥. fJtCUL?tl + t:ithn.f 0 RESUlTS : _____________ _ 7 I . • • • AGENDA ITEM W iTIOih -------------------- COlD: -----TSr --------------------I . • • • • • • AGENDA ITEM Pl£SENTm BY --- t3 ~raiu-~ r (/' tr /) / y"-r 7: /( Z/'-, f / y/--j~ 1-~ ~ ./ ~) 1 lJ , _______ _ I -=- AGENDA ITEM ----~.1 __ • • • PRESENTED BY --- 7~ ;11) IJt());d-» ~ufr~ J~u tu.u;tdf I ._ , ~ -z/ L ;t!I/r ~· " ~ )9c A J:S I . l • • • A600A ITEJI ---PR£SENTm BY ----- £. 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C-P // r' ~~a_/} 'Y' tr';;y~ (' /Jalbc/:. -~ _} jtz-kc L:/u;.., 'r7 X , :}AU~A--· ~ F 'J do -da:t-, Tl l I . • TS a -------- • • . . • AGENDA ITEM I {; f; PRESENTm BY /qJo/ I!AA-~ ~elv tl-t/--f ~-~-. j/- 7 ~~ foS keA-~d ~~s=~ -~)r M~ ~ ~ -------""V r-~~ I f/ J ~ p£c.L d~ • • , . • I . • - • • • • • J;;r/r~ /<----.<" __.. /' v / u ~~~ /....___p /~ / . ~ /c..--? )/]\.. I . • • • • PRESENTm BY I -• • • AGEJI)A ITEM PIESEIITm IY f.- --- ~ /' v L/ C-~do ' .!!__ t ~"--' ~d -th w~ s \ 0 -eJ' cf'o's ~~ /'~~ Ti t ------------------ I . • • • (}~ '( ,~, ere-. ~-/)~ ~"' c. A6£II)A ITER PRESENTED IY L.-)" {/, ---- Af~P' h._ M t7-L ~ /1 1 '---: ~~ 1/1 ~ ~ , (/ ~ ww 1'-fi/ . tl.__ *"'? ~-4U'_A~ 1 /. z.. ~( 1 ttY-' 1/ '-{ . / .__.) (~4~ ==-----~\ I . • • • no ~t'U£c..y _ /J ~ A&£II)A ITEJI __ PIESEJITED IY ---- • TS r ___________ _ • • ,. • ASEII)A ITEII ---PRESENTm BY ------ I . . • • • AGOOA ITEM ;f c._, i PRESENTm IY ---- uc•: ---------• • T$: ________ ~~~ • • •• M£a1A ITER ;4 Q PI£SEJITED IY --- Jtl# Jd~a c ~[ f ~ / '-(' ,-~~~~ IIDll l , _________ _ -• • • MOI)A ITEM 1 z~ PIESOOED IY ---- & ~ Yl /-{' <-R~ ~ S/YoJ&f~ ~ .~--< ;q<,/z, 0 / / ~ ~ ~-R/11 ~ Lf? ~' --...J./• /-c.__ (> f J . ~ ;O~t:&~ d" "' ~( ~/J-"0 r-~~~ _J ~, .,;:; ' I . • • • 1A-MM--~ J ~ ~~ 3b1Q ,__/ ~ ?VU'IZ4'- A&OI)A ITEM PRESOOm IY --- J10:r:' /' {~ {_/}~-7~ " v f/) ~/ ~ ---7'" -t 1/uH~- e&r!~ q~~ ~)J ~_) I . • TS ----------------- • • • PlESEJITm BY ---- • • • • A&EII)A ITER j! /J I PRESENTm IY --- • • • •' • PRESENTED IY ----- I . . 7 • • • ASElmA ITER __ PRESENTm IY --- I . . • • • ....,.,1'81 fie_ PIESEIITm IY --- -...____/9 v ( Ch .;)-----z:;; ~ . ~-l a::c::+-- ~7 ;Cfe '~---+' ~-d~ J f ~/ I . • • • A&EMIAITIR--L.!l£ PRESENTm IY fl "'---------------------I . • - • • IIOTI , ===----- • TS I I • • • ...... 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I.}; PRESENTm IY l ~ ~ I . • • •• ~t-~ ~ r~ ·C-/ ~a::tzrn (/ ~ ( ?, PRESENTED BY AGEIIDA ITEM -- ~ 2-L>2--z ~ ( 2----/' ~ 1' ~ ( ~ -c '/J / .J ;:r~ I ty(3) ~' y/9-~f ~r~ (p ({) I . - • • A6EJI)A ITEM • • • PRESOOm BY ----- ~ Y./' r J G-'j.-/·?{----z;vr ~' ~ 3Kz;(~/ f-z; c-r (_ o_ ~u mayrX-~ r ~~ AiM-?~ r-- {r ,- I . • • • • AGOOA ITEM --PRESENTm BY --- /:!dffir :t/ J ( r! A ,@_a;Cd ~~ ~ L-r~~· 11011C*t ----------------- CO.t ----- TS t ------------------I . • • • AOIIGA n'" / ~} PaEsoom ov &-~ &_!1)!2uo i 113/) ~~ ~·/ ill n , ______ _ I . • • • PRESEHTm BY --- • • • '. • AGENDA ITEM ;;2/ e_, PRESENTm BY I . • • • AGENDA ITEM ----PRESENTED BY ------- I . • - • • f!fi:J ~ '-/2 7 0 0 /r) 0 "-><-K -~·< ~ PRESENTm BY ---- ~ cPil~ I A _::---- ~ ~~(/ 1'-K }thf.d{{_ ~ =--~ /A "}-,4UU-y .L---//3 ( ..J <-.n-- J, ~ ( _.-p .----' -------:> r- J /A ~7 "'---'C-" TJ : • • I . • • • AGEJI)A ITEM -----PRESENTED BY Tl I -------------------------------------------------- I . TS r ----------------------------------------------- • • • PRESENTED BY 6 § 9-ITEM 1 z tc 1!1Uvv ~A~) 1~/'~~ ~ -~ ~~;c___/ ~~/ Tl f rs·-:-, -----I . • • - • • AGENDA ITEM J 3 ~ PRESEHTm BY • • • SlCCII): ____ ~-- IEsut.TSr _...,._._ ___________ _ I . • • • • PRESENTED BY --- ~ t/ -f< L--<-----7 r / ~ --rr tT? /yr~ / J-r? rr-C-o ~/} J ;;--f / /( ~ ZP/ /)'~~/&~ //'~ __r/;' ,r ~~~ ~/( ~of ~~ ~~-~ .14£LM-&-,r ~ t £{ .... I . . • • • AGEfi)A ITEM PRESENTED BY ~ lk~ ~~ yet 1 1q o7 ~!./~/(~~ ~~ rfo;~ 2 -{ ~ I • • • PRESEHTm IY I . • • ••• AIDIIAn,.~/· PIESmm BY AtarJtrL /8c~A~~ fflvt ( 2--.2 -~ ~~~ t u.~ A. KCOIID I TS:-1 ----I . • • - • • PRESENTED BY -- I . • • • /0. S£C ; -------• TSs -------- • • • I. 12/23/89. !o(S . MAYOR Aim FELLOW COUNCIL PERSONS: I PRESENT THIS PAPER AS A SOCIAL CONTHACT BASED ON OUR CONS r iTUTION WHEREBY THE GOVERNMEN T SHOULD HEST ON THE CO N- SEIT OF THE GOVERNED. DIPLOMACY: SYNO . YH: I. 'l'HE ART OR PRAC TICE OF CO NDUCTING INTER- NATIONAL RELATIONS 1 AS I N NEGOTIATING ALLIA "CES 1 TREATIES 1 A D AGREEM~\TS. 2. TACT OR SKILL IN DEALING WITH PEOPLE. TACT: TOE ABILITY TO APPRECIATE THE DELICACY OF A SITUATION AND mo DO OR SAY tHE KINDES T OR HOST f1Tl'I G THIN • (ARCHAIC) THE SENSE OF 'TOUCH . GIVEN TH.E ABILITY AND RE.ASO' FOR U,\DERSTANDI G OTriER HUMANS AND THEIR ACTIO S 1 HATRED CEASES. HISUNDERSTA~DI 'G IS r R EAslER TO ACHIEVE THA U 'DERS'.rA DI 'G , THEIRFOR PLEASE COJSID THE FACT THAT I PLACE 0 VALUE JUDGEMENT 0 ''HE ACTIO . OF OUR PRESIDENT PERTAI I G TO HE PA AMA CANAL as 1 OL • I ISH TO DISCUSS TKE !'(; 0 • • J • • • • - • • ;o:oo I(,A{ . . . ---... <:C . .., I . . • • • II. FAC TS OUT . GARBAGE IN, GARBAGE OUT; WE CONTINUE DEALING iVITH PR03LEMS AND NO'l' SOLUTIO!\S, CONSE QUENCEa AND NOT ANSWERS . OUR OWN DARK SHADOWS? A SUBJECT DIFFICULT TO PORT RAY WITHIN A TEN t1INUTE THIE PERIOD , BUT ALMOST ANY THING WliiCH MANAGES TO JOG US OUT OF OUR CURR EN'f ABS 'fRACTIONS MAY BE BETTEH THAr; NCYI'fi i :a . PROOF POSI'l'IVE MAY BE OBSEHVED IN THE NON -VI OLDJT APP~OA CH OF THE CIVIL RIGHTS MOVEMENT AND MAN 1 S HISTO~Y CON'l'AINED IN THE BIBLE; ALL PROVE THAT VI OLANCE ONLY TENDS TO MORE VIOLANCE. TP.E ACTION CREATED BY HR. BUSH . IS O ~"LY UNSUCCESSFUL IF WE DO NOT ACCEPT THE FACT THAT NON-VIOLENCE IS THE Oli"LY WAY TO ACH IEVE PERMANENT SUCCESS ON AN INTERNATIONAL LEVEL WHICH 1 I AM SURE 1 MR. BUS H. WISHES "IN HIS MATURE PERSONA" TO ACHIEVE. WE ARE ALL GOOD CHRISTIAJfS IN OUR ASPERATIONS, ARE WE NOT? II HIS AND OUN ABILITY TO LOOK WITHIN A i D CONFRO.T OUR OWN ~RK SHADOWS CAN ANY PERMANENT PEACE BE POUND. ONCE . AGA:lN 1 AT THE RISK OF BECOMING REDUNDEU , OUR CONCERN RDIAINS WITH THE PROBLD4 1 NOT THE SOLO '.l'ION; BY CONSIDERING BO'rH CAUSE AND EFFECT AS 0 E 1 A SOLUTION MAY BE P'ORTHCOMMING. WE MUST CO 'SIDER MORE CLOSELY, I A PSYCHOLOGIC AL CO 'TEXT 1 THE ENERGY ICR ARISES H ACTIO A D THE Y THAT ARISES o·: HE POSITIO' OF Til VARIOUS PANT 0 Y Dt . HU 0 OU D POSI co UCTI G I . • • • r'e.-1ec.L..._!: G .. ~e.f<·.- I . . • • - III. FALL AllD VARIO US "RELA'i'IVELY NEW " WAYS TO COLLECT RA IN FALL; Af'OTEE R BI'l' OF KNOWLEDGE GI VEN ME BY T HE ALIENS , BUT, MOS T PEOPLE WOULD KOT GIVE SQUAT , (THAY COU L D CAR E LESS.). I CAN O~~y HOP E THIS PAPE R HEAC HES TH E DESK OF OUR PRESIDE!\T V.R . BUSH . THR OUGH YOU !1Y APPAI RENT REPRESENTATIVES IN GOVERNMEh"T. I N ~ PAST , l HAVE FOUND THOSE OFFICIALS ELECTED TO REPHESEr\T ME li.AVE EITHER FAILED ME HISEAA BLY OR THROUGH ~IT IGNORANCE , I HAVE NOT APPROACHED THEM PROPERL Y. I ATTEMPT , ONCE MOt<E, TO ACHIEVE POSITIVE COMXUNICATi ot WI TH T.~E HOPE OF SUCCESS AND PROPER REPRESENTATION . I WIS H TO APPLY FO.R THE POSITIO . OF AMBASSADOR OF MY COUI;TR Y TO CEiiTRAL AND SOUTH AMERICA . I COl :TEND THAT I ll 0 ' HOW YO HEAL THE BREACH THAT HAS OCCUR.ED IN CENTRAL ..OMERICA . IN MY ENCOUNTER WITH THE EXTRA -TERRESTRALS I WAS MADE AWARE OF THE POWER OF BARHO l\'Y • ACCORDINGLY: THE PRIME FAC T IS 'fBE PREHENSIYE UNITY OF BUKA.NKUD, A.ND THIS U'ITY IS MITIGATED OR LIMITED BY THE SEPERA~ED UNITIES I . • • • I . • • • IV. THE PRESIDENT, YOU AND I, THAT WE ACKNOWLEDGE, urmLRSTAND AND DEAL WITH THE DARKER MIRROR THAT EXISTS WITHIN . MR. PRESIDD~T, LET US SPD\X TOGETHER ABOUT OUR PROBLEM. IN CLOSI NG , I rt OP E THAT COX!1U NICATION HAS BEEN ES'l'ABLISHE D WITH POTENT IAL nJTURE DIALOuUE AND 'fHAT T;Us PAPER MAY SERVE AS A BRIDGE TO BE'rl'ER UNDERS TAN DI NG. WliAT FLOWS FR0 :-1 MY EYES J.S MORE THAN WATER. AMERICA NEEDS A NEW VISION, CONSIDER MIN E . "IT IS NOT THE EYES THAT SEE• WE SEE BY MEAKS OF TEE EYES ." PLATO. WE ALSO SEE BY MEA S OF THE MIND . EUGENE. NORMAN. '+239 SO. GALAPAGO. EN GLEW OO D, COLO. 80110. I . • • • I , I . • ENGLEWOOD CITY COUNCIL JANUARY 8, 1990 VERBATIM EXCERPT -AGENDA ITEM 7 • • • DEWITT: THANK YOU, MAYOR, MEMBERS OF CITY COUNCIL AND COUNCIL PERSONS ELECT. THIS EVENING WE HAVE WITH US JOHN CRISWELL, THE JUDGE OF THE COLORADO COURT OF APPEALS. JUDGE CRISWELL IS A FORMER CITY COUNCIL ATTORNEY, HE REPRESENTED FROM 1965 TO 1970. WE'RE PROUD TO HAVE HIM HERE TONIGHT . KIND OF A HOME COMING AND TO SWEAR IN THE NEW MEMBERS OF THE CITY COUNCIL. JUDGE CRISWELL. CRISWELL: I'VE APPEARED BEFORE CITY COUNCIL, THIS CITY COUNCIL, SO MANY TIMES THAT I WALK THROUGH THE DOOR AND I AUTOMATICALLY START TALKING. I WOULD LIKE IF I COULD TO TAKE AT LEAST A LAWYER'S 30 SECONDS TO MAKE SOME REMARKS BEFORE I ADMINISTER THE OATHS, THOUGH . AS RICK SAID, I SERVED AS CITY ATTORNEY . I HAD THE PRIVILEGE, WELL BOTH THE PRIVILEGE AND THE FUN, OF SERVING AS CITY ATTORNEY FOR FIVE YEARS TO THIS CITY, AND I GAINED THE IMPRESSION THEN THAT HAS NEVER LEFT ME, AND I THINK IT 'S AN ACCURATE ONE, THAT OF ALL THE PUBLIC OFFICIALS IN THIS COUNTRY, THAT THOSE PERSONS WHO ARE THE HOST DEDICATED, THOSE PERSONS WHO RECEIVE THE LEAST TANGIBLE EMOLLIENTS FROM OFFICE ARE THOSE ELECTED MEMBERS OF THE LEGISLATURE OF LOCAL GOVERNMENT. AND I WANT TO APPLAUD THOSE THAT ARE LEAVING COUNCIL THIS EVENING AS WELL AS THOSE THAT ARE COMING ON BOARD, BECAUSE I THINK YOU ARE ONE OF THE BEST EXTANT, REAL EXAMPLES OF DEMOCRACY AND REPRESENTATIVE GOVERNMENT IN ACTION . YOU 00 MAKE A SACRIFICE, BUT LET ME ALSO SAY THAT MY IMPRESSION IS THAT YOU RECEIVE SOMETHING IN RETURN . AND THAT IS THAT YOU HAV E THE SATISFACTION WHEN YOU SEE EITHER A PHYSI CAl FACI LITY BEING BUilT THAT SERVES THE PUBLIC , OR YOU ADMINISTER A SERVICE THAT IS OF SERVICE TO THE PUBLIC, OR OU ADOPT A POLICY THAT IS GO! G TO BE HElPFUl TO PEOP LE. YOU RE CE IVE A SATISFACTION THAT CAN 'T B EVALUATED IN HONE . AND, THEREFORE, WHI LE I APPLAUD YOUR SER VI C , I THI I AM ALSO ENVIOUS OF IT AHY OF OU HAVE SERVED I PUBLIC OFFICE AT TH ICIPA LE VEL UMOERST T I M . WITH THAT THEN I WOULD LJ E TO AS THE ElECTED MEMB ERS, THE E ELECTED MEMBER S AND THE REELECTED M ER OF CITY COUNCIL TO RISE 0 C FORWARD SO THAT I C AOMlHISTE TH TH . S EARl IN CERE Y FOLLOWED • CRIS El 'S C ENTS . . l . , I . •