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Home My WebLink About1990-02-05 (Regular) Meeting Agenda2/5/90 Regular City Council Meeting • • • 0 • • • • • 0 0 • I . . • 1. Call to Order • • • ENILEVOOO CITY COUNCIL EJIGLEVOOD I ARAPAHOE COUNTY I COLORADO Regular Session February 5, 1990 The regular Meeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:38 P·•· 2. Invocation The invocation was given by Council ~r Wiggins . 3. Pledfl of All.,iance The Pledge of Allegiance was led by Mayor Van Dyke. 4 . loll Call Present : Absent : A quoru. was present . Also present : Council Metlbers Hathaway, Koltay, Wiggins, Bullo ck, Clayton, Habenicht, Van Dyke None City Manager Fraser City Attorney DeWitt City Clerk Crow Director Stanley, Safety Services Dfvision Chief Miller, Safety Services Director wanush, Co nlty Develo nt • • • • • Mayor Van Dy ennovnctd t at Mr . fru r's r qu t for finan al ustsllnce with hts relocat on to £1191 od had bttn discussed a t study session . During that dl cusslon Mr . fras r wtthdr his proposal . Ms . Van Dyke stat d Mr . Fraser 's or gfnal contract Is still In eff c and th t no financial assls · tance for locat lng In ngl ~;fll be provided to hi outs ld or h s contract. • • • • • 5. IUnut • I . • Englewood City Council Minutes February 5, 1990 -Page 2 • • • (a) COUNCIL MEMBER CLAYTON MOVED, All) IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 15, 1990. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 6. Pl"e-scheduled Visitors (a) Police Officers Anderson and Madonna introduced Anthony Rank, Nate R0111ero, and Yianni Bell is, Flood Middle School students and recent graduates of the Drug Abuse Resistance Education (DARE) program. Officer Anderson ex - plained the DARE prograM is a continuing effort in the City of Englewood, both in the public and parochial schools, which has met with a great deal of suc - cess in dealing with the issue of drug abuse resistance. Officer Madonna com - IIN!nted that when the program was COMIIN!nced in the spring of 1989, they In - structed 109 students, last se~~ester 746 students, this semester it wi 11 be approximately 1,900 students. The three students were introduced and asked to perform their "rap" for the audience . Karen Gilcrist, their teacher at Flood was also present and recognized. Mayor Van Dyke presented uch of the boy s and their teacher a City Mark logo pin . (b) Ken Haraldsen, 3018 South Washington was in attendance and shared a few of his favorite witticis•s, stating he hoped this information would be of benefit to Council-..bers in their approach to local governance. Mayor Van Dyke expressed appreciation to Mr . Haraldsen for his thought provok ng c~nts. (c) lots Lighthall, 2945 South Logan Street, stated she felt the Inter - nal bickering and the hiring and firing of City Managers is an exercise n futility and Is counterproductive. She stressed there are M~ny fine servic s in Englewood which need to be .. tntained; in addition, th re are 111ny n d which should be addressed, i.e., untfor'11 trash collection, l~~prov d s w g treat~~ent facilities, c~1nlty wide recycl ng, sld alk l~~prov nt dis · tri cts, etc. She wa pleased to h ar the C tty Manager had withd ra h 1 s request for relocation asslstanc , sht ng th 110ney could be us d b tt r els ere . Sh urged hat Mr . Fras r 's orig i nal contract be enforc d wi th no devta tons or conce ss on IT I Englewood City Council Minutes February 5, 1990 -Page 3 • • • Ayes: N1ys: Council Members Koltay, Hathaway, Wiggins, Bullock, Cliyton, Habenicht, Van Dyke None Motion Cirried. The resolution Wis 1ssigned 1 nu.Oer 1nd reid by title: RESOLUTION NO. 8, SERIES OF 1990 A RESOLUTION BY ENGLEWOOD CITY COUNCIL CONTRIBUTING FUNDS FOR ENGLEWOOD HIGH SCHOOL STUDENTS TO TRAVEL TO WASHINGTON, D.C . COUNCIL MERIEl lOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 8, SERIES OF lito. Council Member Hibenicht st1ted this is one of those programs Council needs to support in ten~s of young people le1rning more 1bout government. There was further discussion concerning the ipproprhteness of this request. It wa s clarified that $500 would be donated from Council 's Aid to Other Agen ci es account. Vote results : Ayes : Council Melllbers Hathaw1y, Wigg i ns, Bullock, Clayton, Habenicht, Van Dyke Nays : None Abst1in : Council Me.ber Koltay Motion carried . Council "'-ber Koltay explained he had ab s tained from voting , as Ms . lyon is his daughter and will be part ic ipating in the progra m. However, he felt she and the other students in the program are all deserv i ng of the opportun i ty to participate . 7. Non-scheduled Vtsttors I . . • • Englewood City Council Minutes February 5, 1990 -Page 4 • • • expl•ined th•t Mr . DeWitt would be asking the Planning and Zoning Commission to continue its hearing of February 6th to another date so citizens would have the opportunity to attend the town meeting as well as the public hearing . (b) H. Reese Braun, 3173 South Ogden Street, stated he felt it a wise decision on the part of the city ••nager to withdraw the request for reloca- tion assistance . Concerning Council's travel policy, he advised Council that when he w•s a council member several years ago he was privileged to attend a U. S. Cha~r of Commerce meeting in Washington, D. C. While there, he was able to research records. in the •rchives and find information which assisted the City of Englewood in determining property rights for little Dry Creek Dam . (c) Chris Fulton, 4085 South W•shington, inquired if other alternatives were being considered with respect to Mr. Fraser's request. Mayor Van Dyke usured Ms . Fulton there were no other alternatives being considered. She explained the original contract between the City Manager and the City of En-glewood would be in effect. * * * * * Mayor Van Dyke expressed appreciation for the attendance at this Meeting. She wu hopeful that the citizen's concerns had been satisfied to some degree . She explained that the City Council has tried to the best of their ability to address the various issues wh ich have COMe before them in a proper and ethical unner. Council Melber Clayton spoke concerning the feeling which was being expressed that the handling of this issue was done secretively and withou t disclosure . He stated that during the last two years there had been no action on the part of this Council that they were not willing to fully disclose. As the Issue in question wa s 1 sensitive issue, it required serious conte.platlon by all Coun - cil Melbers . H reMinded those present that this Council had Made a real ef- fort to hold town ~~eetlngs and to COMUnlcate with the citizens . And the Council intends to conti nue this policy . Mayor Van Dyke urged all present to attend the February 6th town Meeting . * • * • • 8 . to.untcat1ons and 'rocl t tons (a) CCUICIL fOIO VIMUIS DtD, All) IT W SECONDED, TO D£CWE THE VliX Of fo.JAIY 11 THIOUat 17, litO AS •MTJONAl CHILO 'ASSO&EI SAFETY MMlOESS WIX.• Ayes : Nays : tlon carr Co un cil rs oltay, Hatha..,ay , Wiggin s, Bullock, Cl ayton , Haben icht, Van Dyke on (b) ~ll kOUAY M¥0, All) IT WAS SECOND£D, TO DECLME Y AS •MOICM HISTOitY DTif. • • I . • • • • Englewood City Council Minutes February 5, litO -Page 5 Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Nays: Motion carried. (c) COUIICIL ....U CLAYTON NOYm, All) IT WAS SECONDED, TO DECLARE 19t0 AS THE •yEAI OF UIIM WILDliFE. • Ayes: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (d) COUIICJL .. EI HATHAMAY NOYm, All) IT WAS SECONDm, TO APPROVE A PIOCLMATJOII IN SUPPORT OF RII»IN& IY THE COLORADO ASSOCIATION OF CotiiJNITY MENTAL HEALTH CENTERS All) CLINICS. Ayes: Council Mellbers Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion carried. (e) COUIICIL NEMEI HATHAMAY NOYm All) REQUESTm JOINT SPONSORSHIP IY ALL NEMIEIS Of COUIICIL TO APNOYE A PIOCLMATJON HOIIOIUN& ELSIE MALLEY'S IIITII)AY, All) PIOCLAIIIIN& IIAICH I, ltto, AS •ELSIE NALLEY DAY. • Ayes: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Motion carried. (f) IIAYOI VAll DYI£ IIMD, -IT laS KCCIIO, TO ACCEPT THE ECOIIOIIJC DEVELOIIOT COALITION IIIFOIMTJMM. IIIDATE. M.yor Yan Dyke briefly explained the purpose of the Econ011tc DeveloPMnt Coa 1 H ton and urged everyone to review the update tnfor"lllt ton. Counc t1 r Hathaway invited citizens to attend these ... tings, explaining that the et - ings are held the third Wednesday of the .onth at 1:30 P·•· in the Perrin Con - ference R0011, Englewood Public library. Vot results : Ay s: Councfl Clayton, rs oltay, Hatha ay, Wiggins, 8u11oc • n cht, Van Oy t Nt,Ys : Motion carried . 9 . Consent AteM• (a) (b) (c) (d) Minutes of the nglewood l Ot lo nt Authority Mttlngs o Otc r 13, 1919, and January 10, 1990 . M nutts of t Engl Hous 1 AA~thor ty t I ngs of October ZS and v r 15, ltlt . Minute of the fttl Public l brary 8o rd tlng of January 9 , 1990 . Minutes of t Pl nnlftt and Zon ft9 C t ston tlngs o Janu r 9 • • I • • • • • Englewood City Council Minutes February 5, 1990 -Page 6 (e) (f) (g) (h) (i) (j) (k) and January 16, 1990. Minutes of the Career Service Board meeting of January 18, 1990. Minutes of the Election Commission meetings of December 1, December 12, 1989, and January 11, 1990 . Council Bill No. 47 for an ordinance submitting to a vote of the qualified electors of the City a proposed amendment to the Charter relating to the financial import of impasse issues. Council Bill No. 1 for an ordinance amending and adding sections of the Englewood Municipal Code pertaining to possession of marijuana . Council Bill No. 2 for an ordinance approving settlement with the Colorado Department of Health on the Allen Water Treatment Plant Cease and Desist Order. Council Bill No. 3 for an ordinance establishing Old Hire Pol ice Pension and providing for adoption of the Plan document by resolution. Council Bill No. 4 for an ordinance approving a consent agreement with the Colorado Department of Health on the contaminated so ils found at 2350 South Raritan. COUIICJL IOIEI CLAYTON MOVED, MD IT WAS SECONDED, TO ACCEPT CONSENT AGENDA ITERS I (a) TH10U1H (f). Ayes : Council Metllbers Kolhy, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion carried . Council Me.ber Haben i cht requested that Consent Agenda Ita. 9 (k) be withdrawn fro. the Consent Agenda to be considered separately . COUIICIL fDI[I HATHAMAY MOVED, All) IT liAS SECCIIDED, TO APPROVE CONSENT AG[fi)A ITEJIS I (t) THIOUIH (j) AS FOLLOIIS: (g) ORDINANCE NO . 3 , SERIES Of 1990, INTRODUcE D SY COUNCIL MEMBER CL AY· TON (COUNCI L BIL L NO . 47), ENTIT LED: AN ORDINANCE SUBMIT TI NG TO A VOT E Of TH E QUALI FIED ELECTORS Of THE CITY Of ENGLEWOOD AT THE N XT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AM ENDMENT TO THE CHARTER Of TH CITY OF ENGLEWOOD RELATI NG TO TH fiNANCIAL IMPORT 0 IMPASS ISSUES . (h) ORDI • 4 , SERIES OF 1990, JNTROOUC£0 8 COUNCIL M( BER HABE ICHT (C IL BILL • I), ENTITLED : AN ORD IHANC AM I TIT E 7, CHAPTER 60, NGLE NICIP AL COO 1985, B AOOING A NEW SECT ION lZ 0 A lNG WITH PO SSESS ION OF MARI HUANA (MARIJU ANA ). (1) OltDJ S, SERI ES OF 1990 , INTAOOUC£0 8Y COUNCIL M ER HA8 lU CHT (C l l BI LL NO . Z), NTITL 0: fll£1 NT WITH TH CO 0AA00 0 PART NT 0 H AlTH NT P AN T C A ANO ()( I T ORO • • • I . • • • • Englewood City Council Minutes February 5, 1990 -Page 7 {j) ORDINANCE NO. 6, SERIES OF 1990, INTRODUCED BY MAYOR VAN DYKE (COUNCIL BILL NO . 3), ENTITLED: 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. Ayes: No~ys: Motion co~rried. Council Members Kolt1y, Hathaway, Wiggins, Bullock, Clo~yton, Habenicht, Yin Dyke None • • • • • DISCUSSION AND ACTION ON WITHDRAWN AGENDA ITEM 9 (k): ORDINANCE NO .. 7, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER HATHAWAY (COUNCIL BILL NO. 4), ENTITLED: AN ORDINANCE APPROVING CONSENT AGREEMENT WITH THE COLORADO DEPARTMENT OF HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARITAN. Council Helllber H1benicht shted 1 citizen who is 1 chemist hid raised some concerns about the langu1ge in the ordino~nce in terms of, specifically, haz -Ardous waste 1nd ho~zardous substo~nce. City Attorney DeWitt explo~ined th1t there are sever1l different 1cts involved, and they would all 1pply to the situation. However, the St1te chose to pro - ceed under the Hazardous Waste Act IS codified In Article 15 of Title 25 . Hr . DeWitt noted that the agre nt between the City 1nd Stite would clun the street up as required by law and it would be done In 1n econo.lcilly feo~sible •anner consistent with current technology. There will be sa.e funds for o er - view by the State Health Otpart .. nt. He stated he hid discussed the ordinance with the citizen Council r H1benlcht .. ntloned . Mr . DeWitt o~dvlsed Coun - cil they would have a chance to reconsider the Ordln1nce within th thirty d1ys before It beco..s effective, if 1fter fur her review 1 portion is d d inappropriate. He confl~ the Colorado Depart .. nt of He1lth 's Findings of Fact us s th phr1se •h1z 1rdou s waste •. r H1th 1 , Ctty Attorney tt pro ld d 1terlal wa s found Council r Hath y q stioned th r th s could hold up 1ny ordln1nc s or r solution pert1tnfng to th1t p1v ng dtstric . Mr . 0 Wit as ured h r f uld . Sh st1ttd h r upp r of th ord nan . lOUAY ED, -IT MAS S£CoeiD£D, TO .,NOV ASODA IT£M 7, SOilS OF ltlt. C u tl rs oltay, H th w y, Wig n , llo • Cl yt ft, H1 ntcht, Y n 0 t n I . • Englewood City Council Minutes February 5, 1990 -Page 8 IO . Public Hearing No public hearing was scheduled. II. Ordinances, Resolutions and Motions • • • (a) Director Stanley and Division Chief Miller presented a recommenda - tion from the Safety Services Department to adopt a bill for an ordinance ap -p ~oving the Highway Safety Contract with the Colorado Department of Highways . Di vision Chief Miller will serve as administrator of the grant and explained the program . Mr. Miller informed Council that the grant had been approved to fund a Police Department traffic unit, which will include tra i ning of of - ficers, a vehicle, and various computer equipment. Matching funds, whi ch were required, are being provided from existing salary funds, therefore, there will be no capital outlay funds on the part of the City . He explained that pr ior to receiving the funds the Highway Safety Department requires that an or - dinance be approved by City Council. Division Chief Miller responded to various quest io ns concerning the traff ic unit . The Clerk as asked to read Council Bill No . 6 , entitled : COU NCIL BI LL NO . 6, INTRODUCED BY COU NCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETW EE N THE CITY OF ENGLEWOOD AND THE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY, STATE OF COLORADO . CCUK:IL ..,_EI lOlTAY NOVm, MD IT liAS SECONDm, TO APPROVE ON FIRST READING CCUK:IL IILL 10. I, SERIES Of 1110. ~es : Council Mellbers Kolhy, Hathaway, Wiggi ns, Bullock, Clayton, Haben icht, Van Dyke Nays : None Motion carried. (b) Director Wanu sh presented a recOMendatlon fr011 the Department of Ca..unlty Development Housing Division to adop a resolution to apply for 1990 Urban Hollesteadfng Progru fund s. Mr . Wanu sh briefly expla ned the progra and respond d to sev ral concerns expr ss d by variou s Councilmemb r s. H stat d that the ho s would be availAble to lrst 11e home buy rs It a cos of S1 wl h cer a n jor conditions, and h e plain d those conditions: 1. Then prop rty rs uld hav to live on th prop rty in th hous for a p riod of ftve y ars ; th house uld then turned over fte siMPle to the n r s. 2. Th house IIUSt be brought up to cod and a 11 1 oca 1 reguh · ttons prior to .avtng In wit h a 30 to 45 day t p riod to bring the prop rty Into ca.pl an e . Mt . Wa nush stated that In addf to n to th •ajor conditions, th property uld be fns p cted ev ry six .anths . If n ed d, a training pro · gr uld off r d t o th h0111 owners to provtd ad quat care for the property . A 1 nt_,. fnc0111 of SZO,OOO uld be requlr d . Availability o loan 10n y w discus sed and Mr . Wan ush confl d that funds uld b avatl able at 10 . tnt r t rlt . Of th 15 20 h s availabl In th City, Mr . Wanush v sl ht ; hts opinion hr o h should b d 1 d nd flv could r h btl d t n stf t co of szo.ooo -szs.ooo, wh ich h 1 uld or thl yp o h . M . w nush r co n • I . • Englewood City Council Minutes February 5, 1990 -Page 9 • • • approval of the resolution authorizing the Community Development Department to file an application for the $125,000 to participate in the Urban Homesteading Program for five houses . The resolution was assigned a number and read by title: RESOLUTION NO. 9, SERIES OF 1990 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, THROUGH ITS DEPARTMENT OF COM - MUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR THE URBAN HOMESTEADING PROGRAM AND TO NAME THE ENGLEWOOD HOUSING AUTHORITY AS THE DESIGNATED LOCAL URBAN HOMESTEADING AGENCY (LUHA) TO ADMINISTER THE URBAN HOMESTEADING PROGRAM FOR THE CITY OF ENGLEWOOD. Concerns of vnious councillllelllbers regarding this program were further dis- cussed. Hr . Wanush concluded by suggesting that only f i ve units are in th is first progra., and those five units will not significantly alter the prof i le of the City; however, improve.ents to those units will alter and i mprove ce r -tain ne i ghborhoods . CCUICJL II£MIER ICOLTAY MOVm, AND IT liAS SECONDm, TO APPROVE RESOLUTION NO. 9, SERIES OF ltto. After cont i nued discussi on, the vote result s were : Ayes : Council Hetlbers Koltay, Hathaway, Wigg i ns, Bu ll ock, Habenicht, Van Dyke Nays : Council Hetlber Clayton No t ion carr i ed . Mr . Wanush was advised that Counc i l would like to be provided wit h deh tls of es tabl ished local guideline s. (c) Ci ty Manag er Fraser presented 1 re solution i ~l eMe nt i ng t he ~wa ge in crease for th e non -eMe rgency Mployee s cov ered by th e Englewo od Employees Ass oci at i on contract as approved by th e el ec t orate in th e r ece nt Speci al El ec- tion . It wa s cl ar i f ied that thi s l ncre1se Is re tro1ct tve to J1nuary I, 1990. The resolution was assigned a nu.ber and re1d by title : RESOLUTION NO. 10, SERIES OF 1990 A RESOlUTION lHPLEHENTJ G THE HEASUR APPROVED BY TH ENGLEWOOD VOTERS ON JANUARY 30, 1990, RElATING TO THE COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCJATION/AFSCH£ LOCAL 303. CGUIICIL NOeO MATIWMY MOVED, MD IT WAS SECONDED, TO APPIOYE RESOLUTION NO . 10, SEIIES Of litO . Ayes : H ys : Molton carried . Council "'-btrs koltay, Hat haway, Wiggins, Bullock. Clayton, Habenicht, Van Dyke Non • I . • Englewood City Council Minutes February 5, 1990 -Page 10 • • • (d) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO RESCHEDULE THE REGULAR MEETING OF FEBRUARY 19, 1990, TO FEBRUARY 20, 1990, AS FEBRUARY 19 IS PRESIDENT'S DAY, A RECOGNIZED LEGAL HOLIDAY. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. 12. C1ty Manattr's Report Mr . Fraser did not have any matters to bring before Council. 13. C1ty Attorney's Report (1) City Attorney DeWitt presented a resolution approving Englewood 's position statement regarding the EPA Interim Settlement Policy. He informed Council that if the resolution were approved, he would be presenting it along with a letter signed by Mayor V1n Dyke to U. S. Environmental Protect ion Age n- cy with further comments by the City of Englewood . The resolution w1s assigned 1 nu~r and read by title: RESOLUTION NO. 11 , SERIES OF 1990 A RESOLUTION APPROVING POSITION STATEMENT WITH RE SPE CT TO MUNICIPA l SETTLE MENT WITH EPA . COUIICIL 11010 CLAYTOII MOVED, AND IT MAS SECOIID£D, TO A'NOVE RESOLUTION NO. 11, SOlES OF 1tt0. Aye s: N1ys: Motion carried . Cou ncil Mellbers Ko1t1y , Hathaway, Wig gi ns, Bullock, Clayton, Habenicht , Van Oyke None (b) Mr . De Witt r ported that the transac ton between Mr. Sachter and th Engl od Downt Oevelopt~~n t Authority for the lincoln Street parking lot had be n completed. The Downtown DeveloPMent Author ity will bt tran fer -ring the prop rty r and cl r to the Ctty . (c) M . t s ed o 1uthortty to tle with in lh d ucllbl 1 •Its a cl al• with VIc or C1ld ron for an Injury h lncurr d wh ile r ding 1 bl •• COUNCIL HAIDUCHT MOVED, AND IT WAS SECOIIDED, TO AUTHOitiZE TH CITY ATTo.MEY TO SETTLE WITHIN D£DUCTIILE LIMITS WITH VICTOR CALDEIOIIE . Ay s: Council r Kol 1y, Hathaw1y, Wiggin , Chyton, Ha n ch , Y1n Oyk " Coun ulloc du o 1 posstb1 co n-M . C1t hi I . • Englewood City Council Minutes February 5, 1990 -Page 11 14. &eneral Discussion (a) Mayor's Choice • • • (1) Mayor Van Dyke announced the reorganization of the Fire Ser - vices Delivery Task Force with citizen representatives from each District, an additional citizen fro• the Centennial area, and a representative of Swedish Medical Center. The first .aeting of the Task Force is February 15 at 6 p.m. in the Community Room. The tentative schedule is for the group to meet every first and third Thursday of the month for six months. At the end of that time Council w111 receive the Task Force reconnendatlon concerning fire services delivery In the City of Englewood. Those who have been appointed are: District -Rod Hanson and Richard Jaramio District II District III District IV -Martin Vorum and Connie Daviet -Bill Higgins and Debbie Perry -Smith -Gary Dounay and Marge Hoelter Centennial area -Diane Fischbach Swedish Medical Center -Pat Tritt (b) Council MeMber's Choice (i) A resolution approving aid to other agencies was considered . The resolution was assigned 1 nu.ber and read by title : RESOLUTION NO . 12, SERIES OF 1990 A RESOLUTION DONATING FUNDS TO AGENCIES BY THE CITY OF ENGLEWOOD . COUNCIL fiEMO CI.AYTOI !lOVED, MD IT WAS S£COM)ED, TO APPIOVE IESOLUTIOI NO. 12, SDI£5 OF 1tto, VITM TH£ FOlLCMIIM& Al.LOCATICIIS: INTWAITM TASIC FOICE NULS 01 III£ELS PAUH ASSOCIATJOI AUPAHO£ HOUSE AUPAHO£ CCUfTY fOTAL HEAL TM UTDMY IAnUED WOlD 'S HLTEI HOISECM -CHALLENU IIWfT HOSPICE OF DDIVU CMIJSTMS liiHT I AIAPAHO£ PHI~IC Yot sul su.ooo 3,000 1,700 2,100 1,100 1,000 1,500 300 300 300 (IN TICICET PURCHASES) SZ6, 00 I • Englewood City Council Minutes February 5, 1!1!10 -Page 12 • • • Ayes: Nays: Council Members Koltay, Hathaway, Wiggins , Bullock , Clayton, Habenicht, Van Dyke None Motion carried. (ii) A resolution establishing the Municipal Court Judge 's salary for 1990 was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 13, SERIES OF 1990 A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR 1990 . COUNCIL MENIER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 13, SERIES OF 19!10. Council Member Clayton expressed concern that the amount of increase is con- siderably higher than those approved for other employees. COUNCIL MEJIIER CLAYTON MOVED, MD IT WAS SECONDED, TO TABLE RESOLUTION NO. 13, SERIES OF 1!190. Ayes: Council Members Koltay, Hathaway, Clayton, Habenicht Nays: Council Me.bers Wiggins , Bullock, Van Dyke Motion carried . Council Me.ber Clayton requested that a presentation by the Court Administra - tor concerning Court operation be scheduled for a study session . Council Mem - ber Bullock stated the issue had been thoroughly studied; he also stated Resolution No . 13 concerned the Judge 's 1990 salary and had nothing to do with the operation of Municipal Court. He further stated that Mr. Parkinson is an elected official of the City, not an e~~ployee, and that the salary for this position has been under aarket for years . Mr . Clayton contended the increase was too IUch in excess of that approved for others in the City. Council Mem · ber Hathaway ca..anted that once the salary is established, it would be retro -active to the first of the year . (iii) A resolution appointing rs to Boards and Con.issions as cons d r d . Th r solutton wa s assigned 1 nu.O.r and read by tt le : RESOLUTION . 14, SERIES OF 1990 A RESOLUTION APPOINTING MEMB RS TO TERMS ON BOARDS ANO COMMISSIONS OF THE CITY OF ENGLEWOOO . COUIICIL 1010 NATIWMY MOVED, _, IT WAS S£CONDED, TO APPitOVE RESOLUTION NO. 14, SOI[S OF 1tt0. Aye : Nay s: t on carried . Th Coun 11 rs Koltay, Hathaway, Clayton, Habenicht, Van Oyke Non ppotnt .. nts ar as follows : Wiggins, Bulloc , • I . • Englewood City Council Minutes February 5, 1990 -Page 13 • • • Board of Adjust.ent and Appeals Sandra George -reappointed for term February 1, 1990 to February 1, 1994 Linda Cohn -to fill term expiring February 1, 1991 Ftre.en's Pension Board Willis Resley -reappoint to term February 1, 1990 to February 1, 1993 Election Ca..1ss1on llo.ar Warren -to fill ten. expiring February 1, 1993 Jo Lay -to term February 1, 1990 to February 1, 1994 Parks and Recreation Ca..tsston Steve Neyer -reappoint to term February 1, 1990 to February 1, 1994 Austin Ga.es -reappoint to term February 1, 1990 to February 1, 1994 John Gerlick -appoint to term February 1, 1990 to February 1, 1994 Kristi Daugherty -to fill term expiring February 1, 1992 Public Ltbrarf Board larilyn shlo ck -reappoint to term February 1, 1990 t o Februa ry 1, 1994 Douglas Cohn -appo i nt to term February 1, 1990 to Febru ary 1, 1994 let1ra.ent Board Jill Mees -appo i nt to term February 1, 1990 to Febr uary 1, 1994 Gary BOWMan · appo i nt to fill term expiring Febr ua ry 1, 1992 Planning and Zoning Ca..tsston lloyd Coven s -appo i nt to t en. February 1, 1990 t o Fe bruary 1, 1994 Linda Ba u.ga rtner -appo i nt to t erm February 1, 1990 to Februa ry 1, 199 4 C. J . Glynn -appoint to f i ll t erm exp i r i ng February 1, 1993 Connie Oav ie t -appo i nt to f i l l t erm exp iri ng Februa ry 1, 1992 Urban Renewal Authority Me r edi t h Schiidt · appo i nt to term Fe bru ary 5, 1990 to February 5, 1995 Er ic a Byr ne -to ca.p l et e t en. previously appointed to expiring February 5, 1994 1, 1990 to February l, 1996 Ms . Hathaway fntroduced a ftw of the n ly appointed rs who re present in the audienc: . The n appointees wfll be invited to attend the February 20, 1990, Council .. eting to receive certificates of appoint .. nt. (tv) A resolution opposing Senate 8111 98 was consider d . The resolution was assign d a nu.ber and read by title: RESOLUTION NO . 15, SERIES OF 1990 A RESOLUTION OPPOSI S.B . 98 R STRICTING C FIN M NT OR 0 TENTION 0 MUNICIPAL JUVENILE 0 FENOANTS IN TAT AND COUNTY FACILITIES . • I . • • • • Englewood City Council Minutes February 5, 1990 -Page 14 COUNCIL MEMBER WI661NS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 15, SERIES OF 1990. Mr . Wiggins briefly stated the City 's reason for opposition. He explained the Resolution would require the City to provide a separate juvenile detention center within the City and the cost would be astronomical . Vote results: Ayes : Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke None (v) A resolution supporting House Bill 1174, in concept, was con- sidered. The resolution was assigned a number and read by title: RESOLUTION NO . 16, SERIES OF 1990 A RESOLUTION SUPPORTING H.B . 1174, IN CONCEPT, RELATING TO MASS TRANSPORTATION PROJECTS. COUNCIL MEJIIEI CLAYTON MOVED, MD IT WAS SECONDED, TO APPROVE RESOLUTION NO. 16, SERIES OF 1990. Mr . Clayton c011111ented that he appreciated Ms . Habenicht's efforts advancing the City's view i n this aatter. Council Meaber Habenicht's expressed her appreciation to the House Transporta - tion l Energy Coaalttee and especially to Representative Pankey. Vote results : Ayes: Nays : Motion carried . Council Metlbers Kolhy, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke None (vi) A resolution opposing sections 7 and 10 of Senate 8111 54 was considered. The resolution was assigned a nu.ber and read by title: RESOLUTION NO . 17, SERIES OF 1990 A RESOLUTION OPPOSING SECTIONS 7 AND 10, S.B. 54, REGARDING ANNEXATION PROVI · SIONS DEALING WITH LIBRARY DISTRICTS . CCUCIL 101£1 HAIOIICHT MOVED, MD IT liAS SECONDED, TO APPitOVE RESOLUTION NO. 17, SEIIES OF 1110. Ms. Habenicht stat d she would not support th annexation portion o S nat Bill 54 which placed veto p r in the hands of Districts over .unfcfpalttfes . She also opposed th a.Oiguous languag with r f r nc to sp cfal library dis · trfcts being df solved. • I . • • Englewood Cfty Councfl Mfnutes February 5, 1990 -Page 15 Vote results: • • • Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. (vii) A resolution opposing certain portions of House Bill 1134 was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 18, SERIES OF 1990 A RESOLUTION OPPOSING CERTAIN PORTIONS OF H.B. 1134 REGARDING UNDER COVE R OPERATIONS OF POLICE OFFICERS. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 18, SERIES OF 1990. Council Member Wigg i ns explained this Resolution would allow officers th e use of alcohol and mar ij uana when operat i ng as undercover age nts. Vote results : Aye s: Nays : Council Members Koltay, Hathaway , Wigg i ns, Bul l ock, Clayton, Habenicht, Van Dyke None Motion carr i ed . (v i ii) A resolut i on support i ng Ho us e Bill 1003 wu con si der ed. Th e resolut i on wa s assi gned a nuMber and read by title : RE SOLUTION NO . 19 , SE RIE S OF 1990 A RE SO LUTION SU PPORT IN G THE COLLECT ION OF TAX ON MA IL ORDER SALES · H.B. 1003 . COUNCIL NOIIEl HAIDIICHT NOV£D, Aim IT MAS S[COII)(D, TO APNOVE lESOLUTIC* NO . 11, SERIES OF 1110 . Council r Habenicht expressed h r support of th1 Resolution as catalog sal s d plete the sal s tax r v nue; she felt 1 Is unh r to the r tail r physically located fn a MUnicipality and paying sales tax . Council r Clayton stat d that h was oppos d to thfs R solution as it f s contrary to fr trade. H offer d the following aMend n : COUNCIL El CLAYTOI MOVED, TO MOlD lESOLUTIOI NO . 11, TO ADO A SECOND HIW TO l£AD : HlW, o.t.hOOG CITY CCMICIL SUHOITS THE: ADDITIOI OF A 45 NJLLIOI DOl.LAI SALES TAX IUlDDI UN~ THE CITJZDIS OF THE STATE OF COLORADO . Th ndllent dltd for lack of a s cond . Count 1 r Bullock s td th C ty Attorn y I h or g nat "9 fr011 th upr Court as to h this C ret Claus of th Con tltutlon . o any ca 1 af ct d t I . Englewood City Council Minutes February 5, 1990 -Page 16 • • • City Attorney DeWitt stated there was no case law . He expla ined this legisla - tion is dependent on federal legislation . Discussion ensued. Council Member Koltay questioned whether the Englewood Chamber of Commerce and the South Metro Chamber of Co11111erce were in support of this issue. Council Member Clayton, speaking on behalf of the Greater Englewood Chamber of Com-merce, stated they were In support of it. Discussion ensued. It was determined the City of Englewood would receive di - rect benefit. Council Member Clayton explained the State would collect the money and administer it under some type of sharing formula , the formula is yet to be determined. Mayor Van Dyke stated she was uncomfortable with the Resolution and would not be supporting it. Council Member Hathaway stated she would not be supporting the Resolution as she questions the constitutionality of it. Vote results : Ayes : Nays : Motion defeated . Council ~rs Wiggins, Habeni cht Counc 11 Metllbers Koltay, Hathaway, Bullock, Clayton, Van Dyke Mayor Van Dyke co.ented that Resolutions passed by Council help inform the State legislature of the City's position. She stated the City does have an affect on the outca.e of so.e of the legislation at the State level. City Manager Fraser pratstd the tndhldual legislative fforts of Mayor Van Dyke, Council rs Clayton, Habenicht , and Hatha way and Assistant City Man -ager Martin . Council r Clayton greed and stated h iiiPOrtant SOM of th leglslatlv issues are, as they hav a 9 nuine i~act on the ca.-unity. and 3 . (ix) Thu H (x) p.•. on Tu sd y, as acted upon tarlfer in th ng • s Pag 2 of tl • 7 00 I • • Englewood City Council Minutes February 5, 1990 -Page 17 • • • (2) Council Me.ber Hathaway informed Council of a proposal to be presented on February 28th for possible future use of the Quincy Fire Sta - tion by an organization known as "Not Bad". The group wishes to use the City Hall Co..unity Roo. for its organizational meeting on the 28th. She briefly explained the purpose of the organization and questioned whether the Community Roo. would be available that evening. Mr . Fraser stated he would check on the availability of the roo.. Council Me.ber Clayton suggested that zoning and historical use of the Quincy Fire Station be checked; also that consideration be given to the surrounding neighbors as to this proposed use. 15. AdJourr.nt COUIICJL ....U ICOLTAY IIOVED TO ADJOURN. The •eting adjourned at 9:45 p.m . I . • • • • 0 C.ITY COUNCIL A&EJI)A STATUS REPORT FOR THE FEUUAIY 51 1990 CITY COUNCIL NEETING Agenda Ori ginating ltetn De art~~ent Description Action Taken Follow -up SA FINANCE COUNCIL MI NUTES Z/5/90 APPROVED 7-0 COPIES TO 8£ DISTRIBUTED (CLAYTON/HATHAWAY) 6A CMG R DAR£ PROGRAM PARTICIPANTS COMME NDED NON£ ANTHONY RANK, NAT£ R<lt £RO, l YIANNI BELLIS 68 CMGR KEN HARALDSEN C(lff£NTS NOTED NON£ APPROACH TO LOCAL GOVERNANCE 6C CMG R LO IS LIGHTHALL C(lff£NT S NOTED NON£ GENERAL STATEMENT 6D CMGR TAMARA LYON, ENGLEWOOD HIGH SCHOOl REQUESTED FUNDING FOR STUDENT PARTICIPATION IN CLOSE UP PROGRAM (TRIP TO VA SH .,D .C. TO OBSERVE LEGISLATORS) ..,TION (KOL lAY/ClAYTON) TO BRING FORVAAO AGENDA ITEM 14Bix APPROVED 7-0 ..,TION (KOLTAY/HATHAWAY) TO APPROVE APPROVED 6·0-1 FUNDS TO COM FROM SURPLUS RESO 8 PROVIDING SSOO FUNDING (KOLTAY ABSTAINED) AID TO OTH R AGENCIES ACCOUNT 7A c R KEN VA CHT R, 3127 V. TUFTS c NTS NOTED NON VARIOUS ISSUES 78 R H. R ES BRAUH, 3173 S. OGO£N c NTS NOT D NON • WIS DECISION BY FRASER; c IL TRAY L AOVANTAG S • 1 • • • • 0 9G 9H 91 9J 9K llA liB llC 110 • • • 9K WITHDRAWN FROM CONSENT AGENDA AT REQUEST OF HABENICHT CMGR ;f0RO.I3(CB47 INTRO BY ClAYTON) ) CHARTER CHANGE: 137 :6 FINANCIAl ) IMPACT OF IMPASSE ISSUES ) SAFETY SERV .~ORD.I4(CBI INTRO BY HABENICHT) ) AMENDING §7 -6D-12 -POSSESSION OF ) MARIJUANA ) CATTY ORO .IS(CB2 INTRO BY HABENICHT) ) APPROVED 7-0 SETTLEMENT WITH COLO . DEPT . OF ) HEALTH/AllEN WATER TREATMENT PLANT ) CEASE l DESIST ORDER ) FINANCE a,..ORO . 16(CB3 INTRO BY VAN DYKE) ) RESTATEMENT OF OLD HIRE POLICE ) PENSION PLAN ; REPEALING §l -6E -7 & ) AMENDING §3 -7 ) (HATHAWAY/CLAYTON) 0 QUESTION SCHEDULED FOR NEXT REGULAR ELECTION CODE TO BE UPDATED 1ST QTR. 1990 SIGNATURES TO BE OBTAINED BY CATTY; CONTRACT TO BE FORMAL - IZED AND FILED W/C ITY CLERK CODE TO BE UPDATED 1ST QTR . 1990 ABOVE OROINAICES PUBLISHED AS ADOPTED ON FINAL CATTY _, ORO .I7(CB4 INTRO BY HATHAWAY) CONSE NT AGREEMENT W/COL O. DEPT. OF HEALTH/CONTAMINATED SOILS AT 2350 SOUTH RARITAN APPROVED 7-0 W/CONOITION Of FOLLOW -UP DISCUSSION BY CITY ATTORNEY & OTH RS PRIOit TO OltDI E B C I ( OLTAY/VAN DYKE) EFF CliVE ( H 10, 1990) SAF RV APPRO¥ 0 7·0 y AOI c 0 v STEAOI PROGRAM APPROVED 6-1 (ClAYl ) 7·0 Nl HT) Tf 3 • 13A CATTY 13B CATTY 13C CATTY 14Ai CMGR 14Bi CMGR 14B 1 CMGR l4 f I • • • ~ESO#ll -POSITION STATEMENT/ MUNICIPAL SETTLEMENT W/EPA (CLAYTON/HATHAWAY) NOTICE GIVEN TO COUNCIL OF COMPLETION OF TRANSACTION BETWEEN EDOA AND SACHTER FOR PROPERTY AT LINCOLN/SHERMAN; PROPERTY WILL BE DEEDED TO CITY FROM EDOA APPROVED 7-0 MOTION TO AUTHORIZE SETTLEMENT WITH APPROVED 6-0-1 CALD£RONE FOR BIKE INJURY (BULLOCK ABSTAINED) VAN DYKE ANNOUNCED TOWN ME ET ING 2/6 -7:00 P.M. -FLOOD MIDDLE SCHOOL RESO 12 • AID TO OTHER AGENCIES (CLAYTON/KOLTAY) R£SO 13 • -SALARY FOR IUU . CT. JUOCE L S61 ,166 (BULLOC IGGINS) TION TO TABLE BY CLAYTON/ HAB NICHT -. . • APPROVED 7-0 TABLED 4-3 (WIGGINS/BULLOCK/VAN DYKE) APPROVED 7 ·0 CATTY TO TRANSMIT RESOI10 & SIGNED POLICY LETTER CATTY TO HANDLE DETAILS OF TRANSACTION CATTY TO PROCEED AGENCIES TO BE PRESENT AT TOWN MEETING Z/6 TO RECEIV E DONATIONS FURTHER STUDY AND REPORT BY COURT ADMINISTRATOR APPOINTEES TO ATTE 2/20 C IL M Ell TO R CEIV OFFICIAL APPOINTMEN T BY YOR VAN DY ; NOTlC TO B SENT TO EACH APPOINTE E BY STAFF • (CONTINUED) 14B1v CMGR 14Bv CMGR l48vl R l4Bv 1 C R 14Bvlll C R 148 )( 14 A • • • LARILYN ASHLOCK -2/1/90 TO 2/1/94 DOUGLAS COHN -2/1/90 TO 2/1/94 RETIREMENT BOARD JILL MEES -2/1/90 TO 2/1/94 GARY BOWMAN -TO 2/1/92 PLANNING & ZONING COMMISSION LLOYD COVENS -2/1/90 TO 2/1/94 LINDA BAUMGARTNER -2/1/90 TO 2/1/94 C. J . GLYNN -TO 2/1/93 CONNI E DAVI ET -TO 2/1/92 URBAN RENEWA L AUTHORITY MEREDITH SCHMIDT -2/5/90 TO 2/5/95 ERICA BYRN E -TO 2/5/94 WATER & SEW ER BOARD BILL VOB EJOA -2/1/90 TO 2/1/96 (HATHAWAY /WI GG IN S) .-tR ESOf 15 -OPPOS ING SB 98 AP PRO VED 7-0 J UV ENI LE DETENT ION FACILITY (WI GG IN S/HATHAWAY) .,;RESO 16 -SUPPORTING H8 1174 MA SS TRANSPORTATION PROJECTS (CLAYTON/HATHAWAY) APPRO VED 7·0 RESO 17 -OPPO I SECTIONS 7 l 10, APPROVED 7-0 SB 54 • IBRARY DISTRICTS {HA8 NICHT/CLAYT ) APPROV EO 7 • 0 OH ATEO 2·5 0 RESO TO BE TRANSM ITIED TO ST. LEG ISLATORS RESO TO BE TRANSMITTED TO ST. LEGISLATORS RESO TO 8 TRAN I TIED TO ST. LEGISLATORS RESO TO 8 TRAN ITTEO TO ST . LEGIS ATORS {AY S: WIGGI N , HA8 NICHT) YNI 0 HAT AY : 4/2 M T1 AIOUT TH 1 M Tl 2/6 A TIC TO TJ • - • • • (CONTINUED • • • COUNCILMEMBERS I CITIZENS TO PARTICIPATE IN CAUCUSES. 2. ADVISED COUNCIL OF POSSIBLE USE FOR QUINCY FIRE STATION FOR COUNSELING GROUP •NOT BAD• tli)ER DIRECTION OF ~VIET I KOZACEK; REQUESTED USE OF COMM . ROOM FOR 2/28 MEETING ADJOURNED : 9:45 P.M. All MEMBERS PRESENT • 6 • 0 CMGR TO CHECK ON AVAILABILITY OF CIJIIJNITY ROOM ON 2/28 • t ·' • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 5, 1990 7:30 P.M. 1. Call to order. 2. Invocation. 3. Pledge of allegiance. 4. Roll Call. ru_.,C 7 ~fZ 1Lt<(l<Ut ,nu ,._J-: J -t..:r t. k ... l~/1 5. Minutea. (a) Minute• of the reqular City council Meeting of January 15, 1990. 6. Pre-Scheduled Viaitora. (Pleaae liait your preaentation to ten ainutea.) .. , .. .,, •• (a) Anthony RanJt, lfate Roaero, and Yianni Belli•. vill be in attendance to diacuaa their participation in the Drug Abuaa Raaiatanca Education (~) prograa. (b) Mr. xen Haraldaen vill be in attendance to diacuaa Council'• approach to local governance. (c) ~. Loia Lighthall, 2945 s. Logan, vill be in at- tendance to preaent a ganeral •tat ... nt to council. (d) T aar Lyon, an othara tr !nglavood High School, vill be ln attendance o r quaat aponaorahip tor their participation in the Cloa• Up Prograa, hanahip 1A rnin9 Adventure . ..A. ( 1r J:~m " .1) lfon•lchldulecl Viaitor:a. (Plu•• liait your preaan ion to tiv• ainutaa.) tV , A 1t •1 ~) f 't" I 1./J J r~r n /,/1,., :') c lea f. one and Pl'ocl tiona • I • City Council Agenda February s, 1990 Page 2 • • • (a) Proclamation declaring the week o! February 11 through 17, 1990 as National Child Passenger Safety Awareness Week. (b) (c) (d) Proclamation declaring February as American History Month. Proclaaation declaring 1990 as the Year o! Urban Wildlife. Proclaaation in support o! requested funding by the Colorado Association o! Coaaunity Mental Health Centers and Clinics. (e) Proclaaation honoring llaie Malley'• birthday and proclaiaing March 6, 1990 as llsie Malley Day. (!) lconoaic Developaent Coalition In!oraational Up-date. 9. Conaent Agenda. Accept (a) Minute• of the ln918VOOd Dovntovn Developaent Au- thority M .. tincJ• of Deceaber 13, 1919 and January 10, lt90. (b) Minutea of the lft9levood HouaincJ Authority Meeting• of October 25 and •ovaber 15, ltlt. (c) Minutea of the lft91evood Public Library Board Meet- ing of January 9, 1990. (d) Minutes of the Planninv and Zoning ca.aieaion Meet- inga of January 9 and January 16, 1990. (e) llinutea of the career l ervica lloard MeetincJ of January 11, 1990. (f) Minute• of the 11 c ion ca.aiaaion ceaber 1, ee r 12, 1919, and Janu 9 ~ I ~prove De• 1990. Jl) qu.aUfied to the of 1~~pa .. e '• I • • • • • • City Council Agenda February 5, 1990 •Page 3 (i) (j) t{ An ordinancJfamending and adding sections of the Englewood Municipal C9~ pertaining to possession of marijuan~ S CJ5 I An ordinance approving settlement with the Colorado Department of Health on the Allen Water Treatment Plant Cease and Dedst Order. (!4(3 2- An ordinanc~e~tablishing Old Hire Police Pension and providing~oJ adoption of the Plan document by resolution. c~ .:j An ordinanc~~roving a consent agreement with the Colorado Departaant of Health on the contaainated soils found at 2350 South Raritan. ~ f 10. Public Hearing. 11. Ordinances, Resolutions, and Motions. (a) (b) (c) (d) A reco .. endation froa the Dapartaent of Safety Ser- vice• to adopt a bill for an ordinance approving the Highway Safety Contract with the Colorado oe- partaent of Highways. A reco .. endation troa the Dapartaent of Ca.aunity Davelopaent Housing Division to adopt a resolution to apply tor l!ltO Urban ROII8steadift9 Proqru tunes.. A resolution iapleaentinq the 2t wage increase ap- proved by the EnglewOOd voters ralating to the Englewood Employees Aaaociation. Motion to change the next regularly scheduled City Council Meeting troa February lt to February 20, lttO. 12. City Manager's Report. ll . City Attorney's Report. u. ... I • • City Council Agenda February 5, 1990 Page 4 • • • .. /J fatjt"t-CZK-4-iJ!·U•t.c./cl ;U%27c t:ZN~p~'7-J t~ (a) Mayor'• Choice. JJ~u.. xi£ · . -1 . 1 .::z..._ t U-c..4!<U ~~ ~ 7 C7CA.._ (b) Council Member'• Choice. arz-Pd '1-0 (1) JI:!Z-A re•olution approving aid to other agen- cie•. ~ill/.. ¢-3 1 ~i A re•olutio#.,.;abli•hing the Municipal ( /J •• .l ... t J/tz,t Court Judge'• •a,Iary for 1990. td'.fj<1P3/~ J .::Jt/Lf a.LUJd 7-0 (iii) A resolution appointing aeabers to various _7_1 _ Boarda and Coaaissions. ~7 -0 (iv) (v) (vi) A resolutio~o~oaing Senate Bill 98 requir- ing construction of a juvenile detention facility by the City of Englewood • ..fl-/0 A resolutio~supporting House Bill 1174, in concept, relating to aass transportation projects. JJ A resolutiorifjppoaing sections 7 and 10, Senate Bill 54, r89arding annexation provi- •ions dealing with library districts. t~p;;d 7-0 (vii) A resolutio~6~sing certain portions of House Bill 1134 r89arding undercover op- l~a tJJ -~ f (viii) r 1W ~tHJ.J) ({(.I .,0 ~, erations of police officers. A resolutiontJ~rting House Bill 1003 re- 9arding the collection of tax on aail order •ales. (1 )() ~--&.,,. cdd~ u& .. 15. Adjounment ~~ ~i, lfJ't«t&~t JtWF: lah (C/;c.. 111' ' t) ( ) ( , q'l l' I • • 1. 2. 3. • • . . • AGENDA FOR THE REGULAR MElTING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 5, 1990 7:30 P.M. C.ll to order. J : 3 J j/ {t11 £)~ Invocation. / )_,~ -8 ~ P1edte of all~iance. t/a. 4 'l. ~" 4 • Roll Call. Cl-tt1t d<t t<..< 4 7(. (. f il/la 5. Minutea. (a) Minutea of the r89Ula Cit January 15, 1990. a<; 6. Pre-Scheduled Viaitora. (Plaaae liait your praaentation to ten ainut ... ) (a) Anthony Ranlt, •ate ao..ro, and YiaMi lellia vill be in attendance to diacuaa their participation in the Dru9 Abuae ... iatance lducation (DUE) prQ9ru. (b) llr. hn Baraldaen vUl be in attendance to diacuaa Council' • approach to local tovemance. (c) Me. Lola Liththall, 2945 s . to;an, vill be in at- tendance to preaent a t•n•ral atat ... nt to Council. 0 I . • L • • • City Council Aqenda February 5, 1990 Paqe 2 (a) (b) (c) (d) (e) (f) Proclaaation declaring the week of February 11 through 17, 1990 a• National Child Pa••enqer Safety Avarene•• Week. W<~Ld-' j R-cLd~ ProclaaatJ,on decla~J.ng February a• Allerican Hbtory Month. ~~'r/tlt'dJfn-1 Proclaaation deplaring 1990 a• the Year of Urban wildlife. ~"'"!#~ 1 1:' tdCA-<-r Proclaaation in •upport of reque•ted funding by the Colorado ~•ociation of Ca.aunity Me~~~l Health center• and Clinic•. N£C~je!i"~~ Proclaaation honoring ll•ie Malley'• birthday and .A £. proclaiaing March 6, 1990 a• ll•ie Malley Day.~~~ L~ lconoaic Devel~nt Coalition Inforaational Up-~~ff date. Jltt« ./).~/ /:lt(.c-/uud 9. Con•ent Agenda. Accept '4-J-It>"1 '-/c(./~ ~ ~ (a) Minute• of the Inglewood Downtown Developaent Au- thority Meetinq• of Deceaber 13, 1919 and January 10, 1990. (b) Minute• of the ln9levood Bouainq Authority Meetinq• of October 35 and •oveaber 15, 1919. (c) Minutu of the ln9levood Public Library Board lleet-inq of January 9, 1910. (d) Mi nutea of the Planning and loninq Coaaiaaion lleet- inqa o f January 9 and January 16 , 1990. (e ) Minutea of the Career Service Board Mee tinq of J a nua ry 11, 1990. (f) Minute• of the lle ction coaaia eion Mee tinq• of De- c r 1, Deceaber 12, 1919, and Janua ry 11, 1990. • D I . • • • City Council Aqanda February 5, 1990 Paqa 11. u. u. ~,L u . j}f An ordinance aaandinq and addinq aactiona of the Enqlawood MUnicipal Coda pertaininq to poaaaaaion of aarijuanaJr~ An ordinance approvinq aattl ... nt with the Colorado Departaent of Health on the Allan Water Traataant Plant Ceaaa ~. Deabt Order. An ordinancJ'~~abliahinq Old Hire Police Panaion and providinq for adoption of the Plan docuaant by reaolution. An ordinanceftairovinq a conaant aqraaaant with the COlorado Depertaent of Health on the contaai~t'-d aoila found at 2350 South Raritan. K~'(t"/ t 'tl 1 Ordinancea, Raaolutiona, and Motiona. A reco.aenctation froa the Depertaent of Safety Ser- vice• to adopt a bill for an ordinance approving the liqbway Safety Contr~ct yith the Colorado De- partaent of Hiqbwaya. ~It ~ /(1. 'LJfn-.. A ~tion froa the Departaent of eo.aunity Develop.ent Bouainq Diviaion to adopt a reaolution to apply fo~J ltiO u~/~teadinq Proqraa tunda. K~~/flY~'r.tU~ A raaolution i~laentinq the 2t •v• increa .. ap- proved by tbe bCJlavood votara ra~ttiJW to tb , // 'lr+ ltnqlavood -loy ... Aaaociation . l;lcf+M~(I.itY, K'C-! ~ . ) Motion t o Cbanqe tba next raqularly aebedulacl City 1 , V Council IIM tinq froa lab ary 1t to February 2 0 , v- 1990. VaA"u*' 1 ~~~ , ,r-r City Mana qa r•a po City Atto v•• port. (a ) (j I • • • City Council Agenda February 5, 1990 Page 4 • • • (a) Mayor•a Choice. /Jta~~~;:;~-tZ-.r '{. -7~ (b) Council Meaber•a Choice. '(2--Mf~ .... O (i) A reaolution appr~':'~ aid to other agen- ' _ c_t~~: CR~! tf:~.c.~ ~}3. 01~ _,,3,L~p J w;.aolution eatabliahinq the JluRicipal ~r 't-/ ())~y V' ~~Jif~~!~L/~!f~b/ 0'_;y~~<J )U~L~ (iii) A re.olution appointing ..abera to varioua _ tt,Pf'}{_ 7-rJ Boarda and Ca.aiaaiona. 1/ .c<Au~ aJ~'tyen ~ jJ.) O ( iv) A reaolution oppoaing Senate Bill 98 requir-C~~t11' ing conatruction ot a juvenile detentio~ -· ~Iii ~~ Lr' facility by the City ot Englewood. c'<.l< q-n J ,/-¥'4 '1a;-d c tt J (o _,() (v) A reaolution aupportinq Houae Bill ll74, in -~:ft -1 concept, ra~tin_g to •• tranaportation "vr project•. ae ~7ff'. 1 ttt !vu~ JlJ 1 0 (vi) A reaolution oppoainq Hctiona 7 ancS 10, :ff_.. nf''~ Senate Bill 54, reqardinq annexation p:r;qvi-~i / ~ · aiona dealing with library diatricta. 4t~ flt~[,jk_,fc-J, " c~ I 1-0 (vii) A raaolution oppoainq certain portion• ot '(/ ~-~l Houae Bill 1134 reqardinq undercover op- K' erationa ot police otticera. tf.lii~tf f~~ r* I ~(viii) A reao1ution aupportinq Houae Bill 1003 re- • L_, j, t qardinq the collection ot -~ on aail order 4-n ;.t t ~" aalea. /J,kkft.u '/I<.,( ~ 1 ~ti~-v 4.< ''<'1ri1.<.~.uc, r 1 15. Adjourn.ant ) !/< ltlfP : lah ___./ c. fh. (( ". I {I) f. 'l't It~ ( ( 7:~o /'~ I . • 1 . Call to Order • • ,. • a.l.EWOCJO CITY COUIICIL EMLEWOCIO, AIW'AHO£ COUifTY, COLOitADO R ular Session February 5, 1990 The regular .eeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:38 p.m. 2. Invocation The Invocation was given by Council Member Wiggins . 3. Pledge of Allet1ance The Pledge of Allegiance was led by Mayor Van Dyke . 4 . Roll Call Present: Absent: A quoru. was present. Also present : Council Metlbers Hathaway, Kolhy, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None City Manager fraser City Attorney DeWitt City Clerk Crow Director Stanley, Safety Services Division Chief Miller, Safety Services Director Wanu sh, Ca..unity Develo~nt * * * * * Mayor Van Dyke announced that Mr . fraser 's r quest for f nanclal assistance with his relocatton to Englwood had been discussed at the study session . During that discussion Mr . Fraser withdr his proposal . Ms. Van Dyke stated Mr . fraser's original contract fs still In effect and that no financial assis - tance for locating tn Englwood wfll be provided to hf• outside of his contract . * * * * * S. llltnutes I . Englewood City Council Minutes February 5, 1990 -Page 2 • • • (a) COUNCIL MEMBER CLAYTON MOVm, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JANUARY 15, 1990. Ayes: Council Members Koltay, Hathaway, Wiggins , Bullock , Clayton, Habenicht , Van Dyke Nays : None Motion carried. 6. Pre-scheduled Visitors (a) Police Officers Anderson and Madonna introduced Anthony Rank, Nate Romero , and Yianni Bellis , Flood Middle School students and recent graduates of the Drug Abuse Resistance Education (DAR£) program . Officer Anderson ex - pla ined the DAR£ prograM is a continuing effort in the City of Englewood, both i n the public and parochial schools, which has met with a great deal of suc - cess in dealing with the issue of drug abuse resistance . Officer Madonna com- mented that when the prograM was commenced in the spring of 1989, they in- structed 109 students, last semester 746 students, this semester it will be approximately 1,900 students. The three students were introduced and asked to perfon. their •rap• for the audience. Karen Gilcrist, their teacher at Flood was also present and recognized. Mayor Van Dyke presented each of the boys and their teacher a City Mark logo pin . (b) Ken Haraldsen, 3018 South Washington was in attendance and shared a few of his favorite witt icis•s, stating he hoped this information would be of benefit to Counctlllellbers in their approach to local governance . Mayor Van Dyke expressed appreciation to Mr . Haraldsen for his thought provoking ca.ents . (c) lois Lighthall, 2945 South logan Street, stated she felt the inter - nal bickering and the hiring and firing of City Managers 1s an exercise in futility and is counterproductive . She stressed there are •any fine services in Englewood which need to be .alntained; In addition, there are •any needs which should be addressed, 1 .. , unifon~ trash collection, lllll)roved sewage treat .. nt facilities, ca..untty wide recycling, sidewalk 1Mprov nt d is- tricts , etc . She was pleased to h ar the City Manager had with drawn his request for relocation assistance , stating the 110ney could be us d b tter elsewher . Sh urged that Mr . Fraser 's original co ntract be enforced with no dev i at i on s or co ne s tons. , IT S c.Q, TO LATJV TO THIS HM T, IT I . Englewood City Council Minutes February 5, 1990 -Page 3 • • • Ayes: Nays: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried. The resolution was assigned a number and read by title: RESOLUTION NO. 8, SERIES OF 1990 A RESOLUTION BY ENGLEWOOD CITY COUNCIL CONTRIBUTING FUNDS FOR ENGLEWOOD HIGH SCHOOL STUDENTS TO TRAVEL TO WASHINGTON, D.C. C~JL NOllER ICOLTAY IIOYm, MD IT liAS SECONDm, TO APPROVE RESOLUTION NO. 8, SERIES OF 1910. Council Me.ber Habenicht stated this is one of those programs Council needs to support in ter~~s of young people learning 110re about government. There was further discussion concerning the appropriateness of this request. It wa s clarified that $500 would be donated fro. Council's Aid to Other Agencies account. Vote results : Ayes: Council Melllbers Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Abstain : Council Me.ber Koltay Motion carried. Council Ne.ber Koltay explained he had abstained fro. voting, as Ms. Lyon is his daughter and will be participating in the program. However, he felt she and the other students in the progr .. are all deserving of the opportunity to participate . 7. loft-scheduled Ytsttors to Mr . Fraser I . Englewood City Council Minutes February 5, 1990 -Page 4 • • • explained that Mr. DeWitt would be asking the Planning and Zoning Conwnission to continue its hearing of February 6th to another date so citizens would have the opportunity to attend the town meeting as well as the public hearing. (b) H. Reese Braun, 3173 South Ogden Street, stated he felt it a wise decision on the part of the city •anager to withdraw the request for reloca - tion assistance. Concerning Council 's travel policy, he advised Council that when he was a council me.ber several years ago he was privileged to attend a U. S. Chamber of Commerce ~eting in Washington, D. C. While there, he was able to research records in the archives and find infon111tion which assisted the City of Englewood in deter.ining property rights for little Dry Creek Dam . (c) Chris Fulton , 4085 South Washington , inquired if other alternat ives were being considered with respect to Mr . Fraser 's request. Mayor Van Dyke assured Ms . Fulton there were no other alternat i ves being considered . She explained the original contract between the City Manager and the City of En-glewood would be in effect. * * * * * Mayor Van Dyke expressed appreciation for the attendance at this ~eting. She was hopeful that the ctttzen's concerns had been satisfied to SOMe degree . She explained that the City Council has tried to the best of their ability to address the various issues which have COMe before the. in a proper and ethical .anner. Council Ne.ber Clayton spoke concerning the f .. ltng which was betng expressed that the handling of thts Issue was done secretively and wi thout disclosure . He stated that during the last two years there had been no action on the part of thts Council that they were not wtll tng to fully disclose. As the Issue tn question was a sensitive Issue, tt required serious conte.platton by all Coun- cil "'-bers . He re.tnded those present that this Council had .ade a real ef- fort to hold town ... ttngs and to ca.untcate with the cittzens. And the Council Intends to continue this policy . Ma~or Van Dyke urged all present to attend the February 6th town .. eting. * * * *. (a) COUIICIL 1010 WI IllS MVED, _, IT leAS Slcc.mm, TO D£CLM£ THE wtEl Of FOIUMY 11 TlllOUM 17, lttO AS •MTICIW. CHILD PASSOIKl SAfETY -.u.ss wm.• Ay s: Nays : tton carrttd. Counctl rs Koltay, Hath ay, Wfggtns , Bullock, Clayton, Ha ntch • Van Oyk ftt IT S(COMQ, TO 0£CL.Al I . • • • • Englewood City Council Minutes February 5, 1990 -Page 5 Ayes: Nays : Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton , Habenicht, Van Dyke None Motion carried . (c) COUNCIL MEMBER CLAYTON MOYm, AND IT WAS SECOII)m, TO DECLARE 1990 AS THE •yw OF UUAN WILDLIFE. • Ayes : Council Me.bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (d) CCIUIICIL IDlER HATHAIIAY MOYm, MD IT WAS SECOII)m, TO APPROVE A PIOCLAMTJON II SUPPOIT Of Fllln• IY THE COLORADO ASSOCIATION OF CONMIJNITY MDITAL H£ALTN CEifTEIS MD CLIIICS. Ayes : Council Me.bers Koltay, Hathaway , Wigg i ns, Bullo ck, Clayton , Haben icht, Van Dyke Nays : None Mot i on carried . (e) CCIUIICIL MOIIEI HATHAIIAY MOYm MD REQU(STm JOINT SPONSORSHIP IV ALL MOIIEIS OF COUIICJL TO APPROVE A PIOCLAMTJON HOMOIU. ELSIE MAlLEY 'S IIRTIIlAY, All» PIOCLAIMI. IIAilCit I, lttO, AS •ELSIE IIALLEY DAY. • Aye s: Council Mellbers Koltay, Hathaway , Wiggins , Bullo ck, Clayton , Habenicht, Van Dyke Nay s: None Motion carried. (f) MYal WM DYU IIMD, All» IT MAS Sla.ED, TO ACCEPT THE Ecc.aiJC DnnOfiBT COALITI. IIRMATJ.at lftATE. "-.Yor Van Dyke br iefly explained the purpose of t he Econ011ic DeveloJ)IIent Coalition and urged everyone to review the update info,..tlon. Counctl Mellber Hathaway Inv ited citizens to attend these ... tings, explaining that the 8eet - lngs are held the third Wednesday of the .anth at 1:30 p.•. In the Perrin Con -ference R0011 , Englewood Public library. Vote results: Ay s : Nays : Council rs Koltay, Hathaway, Wiggins, Bulloc , Clayton, Habenicht Van Dyke None Motion carried , 9. Consent At&Ma (a) (b) (c) (d) Mlnut s of th Engl t Oev lo n Authority tlng s o Otc r 13, 1989, and January 10, 1990 . Minute s of the Engl Hous ng Authority ttngs of Octo r 2S and v r IS, 1989 . M nut of th Engl tbrary 8o rd ttng o J nuary 9, ltto . Mtnut s or t Pl nn l ni C h ton t1ng o J nu ry 9 I • • • • • • Englewood City Council Minutes February 5, 1990 -Page 6 (e) (f) (g) (h) (i) (j) (k) and January 16, 1990. Minutes of the Career Service Board meeting of January 18, 1990. Minutes of the Election Commission meetings of December 1, December 12, 1989, and January 11, 1990. Council Bill No. 47 for an ordinance submitting to a vote of the qualified electors of the City a proposed amendment to the Charter relating to the financial import of impasse issues. Council Bill No. 1 for an ordinance amending and adding sections of the Englewood Municipal Code pertaining to possession of marijuana. Council Bill No. 2 for an ordinance approving settlement with the Co 1 or ado Department of Health on the Allen Water Treatment Plant Cease and Desist Order. Council Bill No. 3 for an ordinance establishing Old Hire Police Pension and providing for adoption of the Plan document by resolution. Council Bill No. 4 for an ordinance approving a consent agreement with the Colorado Oepart~~ent of Health on the contaminated soils found at 2350 South Raritan . COUNCIL NEMER CLAYTON tiOVED, MD IT WAS SECOII)ED, TO ACCEPT CONSENT AGENOA ITENS 9 (a) 1lllOU&H (f). Ayes : Council Me.bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht , Van Dyke Nays : None Motion carried. Council "-ber tt.benicht requested that Consent Agenda lte. 9 (k) be withdrawn fro. the Cons~t Agenda to be considered separately. CCUICIL .-o IIATIWMY NOVED, _, IT MAS SEcoeED, TO APPIOVE CCIISOIT MOilA ITDIS 9 (I) ~ (j) AS FOl.LOIIS: (g) ORDINANCE NO . 3, SERIES OF 1990, INTRODUCED BY COUNCIL ME ER CLAY · TON (COUNCIL Bill NO . 47), ENTITLED: AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFI£0 ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR ICIPAL ELECT! PROPOSED T TO THE CHARTER OF THE CITY OF ENGLEWOOD RELATI C TO TH fl lAL I POfn OF IMPASSE ISSUES. (h) ORDJ E NO. 4, SERIES 0 1990, INT HABENICHT (COUNCIL BILL • 1). ( TITL£0 : 8Y I . - Englewood City Council Minutes February 5, 1990 -Page 7 .. • • • (j) ORDINANCE NO. 6, SERIES OF 1990, INTRODUCED BY MAYOR VAN DYKE (COUNCIL BILL NO. 3), ENTITLED: AN ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PENSION PLAN BY REPEALING TITLE l-6E-7 AND AMENDING TITLE 3 BY ENACTING A NEW CHAPTER 7. Ayes: Nays: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion curled. • • • • • DISCUSSION AND ACTION ON WITHDRAWN AGENDA ITEM 9 (k): ORDINANCE NO. 7, SERIES OF 1989, INTRODUCED BY COUNCIL MEMBER HATHAWAY (COUNCIL BILL NO. 4), ENTITLED: AN ORDINANCE APPROVING CONSENT AGREEMENT WITH THE COLORADO DEPARTMENT OF HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARITAN. Council Mellber Habenicht stated a citizen who is a che~~ist had raised some concerns about the language in the ordinance in ten1s of , spec i f i cally, haz - ardous waste and hazardous substance . City Attorney DeWitt explained that there are several d i fferent acts involved , and they would all apply to the situation . However, the State chose to pro - ceed under the Hazardous Waste Act as codified i n Article 15 of Ti tle 25 . Mr . DeWitt noted that the agr .... nt between the City and State would c lun th street up as required by law and 1t would be done in an econa.t cally fea si bl .. nner consistent with current technology . There will be sa.e fund s for over - view by the State Health Depart nt . He stated he had discussed th ord i nan ce with the citizen Council ~r Habenicht .. ntloned . Mr . DeWitt adv i sed Co un - cil they would have a chance to reconsider the Ordinance with i n the th i rty days before It beco.es effective, if after further review a port on i s d d Inappropriate . He confinled the Colorado Depart nt of Health 's Fi nd i ng s of Fact uses the phra se "hazardous wa s te•. c rr IOl TAY MOVED I MD 110. 7, SOIU Of 1 Coun 1 Chyton, H provtd IS Ou d up ny ordlnanc s tt ur d h r TO APNOYE IT ull I . Englewood City Council Minutes February 5, 1990 -Page 8 10. Public Hearing ,. No public hearing was scheduled. 11 . Ordinances, Resolutions and Motions • • • (a) Director Stanley and Division Chief Miller presented a recommenda - tion from the Safety Services Department to adopt a bill for an ordinance ap - proving the Highway Safety Contract with the Colorado Department of Highways . Division Chief Miller will serve as administrator of the grant and explained the program. Mr. Miller infor.ed Council that the grant had been approved to fund a Police Deputment traffic unit, which will include training of of- ficers, a vehicle, and various c~uter equi~nt . Matching funds, which were required, are being provided fro. existing salary funds, therefore, there will be no capital outlay funds on the part of the City. He explained that prior to receiving the funds the Highway Safety Depart•nt requires that an or - dinance be approved by City Council. Division Chief Miller responded to various questions concerning the traffic unit. The Clerk as asked to read Council Bill No . 6 , entitled : COUNCIL BILL NO. 6, INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE DEPARTMENT OF HIGHWAYS, DIVISION OF HIGHWAY SAFETY , STATE OF COLORADO . COUIICIL ....U ULTAY IIOVED, _, IT MAS SECCII»ED, TO APPIOY£ • FIRST R£ADIII& COUIICIL IILL •• I, SOlES Of lito. Ayes : Council "--bers Koltay, Ha t haway , Wigg ins, Bullock, Clayton, Habenicht, Van Dyke Nay s: None Motion carried. I . . - • • • • Englewood City Council Minutes February 5, 1990 -Page 9 • • • approval of the resolution authorizing the Community Development Department to file an application for the $125,000 to participate in the Urban Homestead i ng Program for five houses . The resolution was assigned a number and read by title : RESOLUTION NO . 9, SERIES OF 1990 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD , THROUGH ITS DEPARTMENT OF COM - MUNITY DEVELOPMENT, TO FILE AN APPLICATION FOR THE URBAN HOMESTEADING PROGRAM AND TO NAME THE ENGLEWOOD HOUSING AUTHORITY AS THE DESIGNATED LOCAL URBAN HOMESTEADING AGENCY (LUHA) TO ADMINISTER THE URBAN HOMESTEADING PROGRAM FO R THE CITY OF ENGLEWOOD . Concerns of various councilllellbers regard i ng this progra11 were furthe r dis- cussed . Mr . Wanush concluded by sugge sting that only f i ve un i t s are i n this first progra., and those f i ve un i t s wi ll not si gn i f i cant l y alter the pro file of the Ci ty ; however , i ~rov e.e nt s to tho se un i t s wi ll alter and im pr ove cer- ta i n ne i ghborhood s. COUIICIL IIOIEI ltOLTAY IIOYED, All) IT WAS SECCIIDED, TO APPilOYE RESOLUTION NO. 9, SEIIES Of ltto . After cont i nued disc ussi on , the vot e r esults we re: Aye s: Council Mellber s Ko l h y, Hathaway , Wiggi ns, Bu llock, Habenicht , Van Dyke Nays: Council Mellber Clayton Motion carried . Mr . Wanush wa s adv ised that Cou nci l wou l d like to be pr ovided with detail s of es tabl i shed local gui deli nes. (c) Ci ty Manage r Fraser pre sen ted a reso lut i on i~l ... nt ing th e lS wage i nc reas e for the non -... rgen cy ~loyees covered by the Englewood E~loyeu As soci at i on contra ct as approv ed by the electorate i n the recent Special Elec - tion . It wa s cl ar ified that th is increase is re t roactive to Janua ry I, 1990 . The resolution was assigned a nUiber and read by title : RESOLUTION NO . 10, SERIES OF 1990 A RESOLUTION IMPLEMENT! TH UR APPROV D BY TH £ JANUARY 30, 1990, RELATING TO TH CO LECTIV IIARGAINI BETWEEN THE CITY Of ENGLEWOOD , COLORADO, AND TH £ ASSOCIATION/AFSCM£ LOCAL 303. CCIUIICIL ...a NATMMIAY IICMD, All) IT S(~, TO AMlOW RESOLUT ION NO. 10 , SEll£5 Of lttO . Ay s: Nays : Motion carried . Council Clayton, None rs Ko 1t y, Hath a ay. n cht , V n Oy I . • • Englewood City Council Minutes February 5, 1990 -Page 10 • • • (d) COUNCIL MEMBER HATHAWAY MOVED, AND JT WAS SECONDED, TO RESCHEDULE THE REGULAR MEETING OF FEBRUARY 19, 1990, TO FEBRUARY 20, 1990, AS FEBRUARY 19 IS PRESIDENT'S DAY, A RECOGNIZED LEGAL HOLIDAY. Ayes: Council Members Koltay, Hathaway, Wiggins , Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. 12 . City Manager's Report Mr. Fraser did not have any Matters to bring before Council. 13 . City Attorney's Report (1) City Attorney DeWitt presented 1 resolution approving Englewood 's position state.nt regarding the EPA lnteri• Settlement Pol icy . He informed Council that if the resolution were approved, he would be present ing it along with 1 letter signed by Mayor Van Dyke to U. S. Environmental Protection Agen- cy with further ca..ents by the City of Englewood. The resolution wa s assigned a nu.ber and read by title: RESOLUTION NO . 11, SERIES OF 1990 A RESOLUTION APPROVING POSITION STATEMENT WITH RESPECT TO MUNICIPAL SETTLEMENT WITH EPA . COUIICIL ...U CLAYT• IMED, -IT MAS SECC.O, TO APNOVE RESOLUTIOII MO. 11, SEIIES OF 1110. Ayes : Nay s: Motion carried. Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Cl ayton , Habenicht, Van Dyke None (b) Mr . DeWitt reported that the transaction between Mr. Sachter and the Englewood Downtown Develo.-.nt Authority for the lincoln Street p~rking lot had been co.pleted . The Downtown Oevelop.ent Authority will be transfer -ring the property free and clear to the City. (c) Mr . DeWitt ed for authority o se tle within th deduc lble lt•tts a clal• with VIctor Caldron or an njury h ncurred while r iding a b COUIICIL ...U HUOICHT IIOVED, Nm IT MAS SECOII)O), TO AUTHOIIZE THE CITY AnOIIEY TO SETTLE WITHI• DOUCTIIlE LJIUTS WITH YICTOit CALOEROII(. A1 s: Council rs Koltay, Hath way, Wiggins, Clayton, Habenlch , Y1n Oyk N ys : Non Ab t1ln : Council r Bullock t ton carried. Mr . Bullock xph n con · fllct of tnt r st IS Mr . Caldron h I . •' Englewood City Council Minutes February 5, 1990 -Page 11 14 . &eneral Discussion (a) Mayor's Choice • • • (i) Mayor Van Dyke announced the reorganization of the Fire Ser - vices Delivery Task Force with citizen representatives from each District, an additional citizen from the Centennial area, and a representative of Swedish Medical Center. The first meeting of the Task Force is February 15 at 6 p.m . in the Community Room. The tentative schedule is for the group to meet every first and third Thursday of the month for six months. At the end of that time Council will receive the Task Force rec011111endat ion concerning fire services delivery in the City of Englewood . Those who have been appointed are: District District II District III District IV Centennial area -Rod Hanson and Richard Jaramio -Martin Voru• and Connie Daviet -Bill Higgins and Debbie Perry -Smith -Gary Oounay and Marge Hoelter -Diane Fischbach Swedish Medical Center -Pat Tritt (b) Council Me.ber 's Choice (i) A resolution approving aid to other agencies was con si dered . The resolution was assigned a nu.ber and read by title: RESOlUTION NO . 1Z, SERIES OF 1990 A RESOlUTION DONATING FUNDS TO AGENCIES BY THE CITY OF ENGLEWOOD . aulell ...U CLAYTON IIIMD, -IT MAS SfC.O, TO APPIOVE RESOlUTION NO. 11, SOlES Of 1tto, VITM THE FOUOIII. AllOCATIONS: ult sn.ooo ),000 1,700 2,100 1,100 1,000 1,500 300 300 300 (IN TICICET PURCHASES) u ,300 I • • Englewood City Council Minutes February 5, 1990 · Page 12 • • • Ayes: Nays: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht , Van Dyke None Motion carried. (if) A resolution establishing the Municipal Court Judge 's salary for 1990 was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 13, SERIES OF 1990 A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR 1990 . COIII:JL NUllO IULLOCit IIOYED, MD IT MAS SECONDED, TO APPROVE RESOLUTION NO. 13, SEIIES OF ltto. Council Me.ber Clayton expressed concern that the a.ount of increase is con- siderably higher than those approv ed for other e.ployees. COIII:IL NUIIEl CLAYT .. IIOVED, ..., IT MAS SEa.D, TO TAIL£ IESOLUTJ .. MO . 13, SEIIES OF 1 tto. Afes : Counc i l "--bers Koltay, Hath--.y, Cl ayton, Habenic t Nays : Council "'-bars Wiggins, Bullock Van Oy e Mot ion carried. Counctl Mellber Clayton requested that a pru•tatton by t Cou tor concerntnv Court operat 1011 be scheduled for a study s u •· ber lulloclt stated the issue had beefl tho1"0U9hly stud ed ; al Reso 1 ut ton No . 13 concerned the Judge 's 1 tto sa hry and had I'Ot t 119 o d the operation of Muni ci pal Court. He further stated that . Pa ns elected offtcial of the City, I'Ot an •loy , and that t salary for h position has beell under •rltet for ~ars . • Cl ayt011 c011t t reu wa s too .uch in excess of that approved for others in the City . Co 1 ber Hathaway co..ented that once the salary Is established , ft uld be retro -active to the first of the year. (ttl) A resolution appotntl"9 wa s consfd rtd . Th resolution was a s R SO UTION • 14, S RIES Of ltto A RESOlUTION APfiOlNTI Of £ LEWOOO. COIII:Il MATIWMY MOVED, ..., IT 14, lEI Of' ltto. Ay : ay : tt011 c rrted . nt ssio s Of TH CIT SOI.UTI .. MO. ullo , 11 I . • Englewood City Council Minutes February 5, 1990 -Page 13 • • • Board of Adjust.ent and Appeals Sandra George -reappointed for term February 1, 1990 to February 1, 1994 Linda Cohn -to fill term expiring February 1, 1991 Flr ... n's Pension Board Willis Resley -reappoint to term February 1, 1990 to February 1, 1993 Election CO..ission Llo.ar Warren -to fill ten. expiring February 1, 1993 Jo Lay -to ten. February 1, 1990 to February 1, 1994 'arks and Recreation CO..ission Steve Neyer -reappoint to term February 1, 1990 to February 1, 1994 Austin ~s -reappoint to tena February 1, 1990 to February 1, 1994 John Gerlick -appoint to tena February 1, 1990 to February 1, 1994 Kristi Daugherty -to f i ll term expiring February 1, 1992 Public Librarl loard Lar i lynshlock -reappoint to ten~ February 1, 1990 to February 1, 1994 Douglas Cohn -appoint to term February 1, 1990 to February 1, 1994 let t,_..t loaN s -app oint to tena February 1, 1990 to February 1, 1994 Gary &o..an -appo int to f ill tena expiring February 1, 1992 1, 1994 1995 1990 to February 1, 1996 "'· Hathaway Intr-oduced a f of the ly appointed rs o re present In th audience . The n appolntHs wfll be Invited to attend th February 20, 1990 , Council ... tlng to rtc ve certificates of appoint nt . (iv) A resolution opposing S nate 8111 98 was considered. Th r solution wa s assigned a nu.btr and r ad by title : R SOLUTION NO . 15 , SERIES OF 1990 A RESOLUTION OPPO 1 S.B. 98 R STRICTI C IN M NT OR D TENTION OF ICIPAL JUV NIL 0 FE TS IN STAT AND COUNTY FACILITI S. I . • • • • Englewood City Council Minutes February 5, 1990 -Page 14 COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO . 15, SERIES OF 1990. Mr. Wiggins briefly stated the City's reason for opposition. He explained the Resolution would require the City to provide a separate juvenile detention center within the City and the cost would be astronomical . Vote results: Ayes: Nays: Motion carried. Council Members Koltay , Hathaway, Wiggins, Bullock, Clayton, Habenicht , Van Dyke None (v) A resolution supporting House Bill 1174, in concept, was con- sidered. The resolution was assigned a number and read by title: RESOLUTION NO. 16, SERIES OF 1990 A RESOLUTION SUPPORTING H.B. 1174, IN CONCEPT , RELATING TO MASS TRANSPORTATION PROJECTS . CCUICIL ..U CLAYTOII IIOYED, AIID IT WAS SECOIIDED, TO APPilOVE RESOLUTIOII MO. 11, SERIES Of ltto. Mr . Clayton co.ented that he appre c iated Ms . Habenicht 's efforts advancing the City 's view in thi s .. tter . Council ~r Habenicht 's expressed her appreciation to the Hou se Transporta - tion I Energy Ca..ittee and especially to Representative Pankey . Vote results: A,yes : Nay s: Motion carried . Council Metlbers Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke None (vi) A resolution opposing sections 7 and 10 of Senate Bill 54 wa s considered. The resolution was assigned 1 nu.ber and read by title: RESOLUTION NO . 17, SERIES Of 1990 A RESOlUTION OPPOSING SECTIONS 7 AND 10, S.8. 54, REGAitOING ANNEXATrON PROVI - SIONS DEALING WITH LIBRARY DISTRICTS . COUIICIL .,_. HMDUCHT IIOYED, AIID IT WAS Sf:COIIDED, TO APPilOVE RESOLUTIOII NO. 17, SOlES Of lttO. Ms . Habenicht stated s uld not support th ann utton portion of S natt 8111 54 whtch placed v to power in th hands of Otstrtcts ov r .unicipaltti s. also opposed the a.bt uous languag with rtf r nee to special library dis -tricts being dissolved . I . • • • • Englewood City Council Minutes February 5, 1990 -Page 15 Vote results: • • • Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. (vii) A resolution opposing certain portions of House Bill 1134 was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 18, SERIES OF 1990 A RESOLUTION OPPOSING CERTAIN PORTIONS OF H.B. 1134 REGARDING UNDERCOVER OPERATIONS OF POLICE OFFICERS . COUNCIL MERIEl WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 18, SERIES OF 1tto. Council Me.ber Wiggins explained this Resolut i on would allow off icers the use of alcohol and •arijuana when operating as under cover agent s. Vote results : Ayes : Nays : Motion carried . Council Mellbers Koltay , Hathaway , Wigg i ns, Bullo ck, Clayton, Habenicht , Van Dyke None (viii) A resolution support i ncJ Hou se Bi ll 1003 was con si dered . The resolution was assigned a nu.ber and read by t i tle : RESOLUTION NO . 19, SERIES OF 1990 A RESOLUTION SUPPORTING THE COLLECTION OF TAX ON MAI L ORDE R SALES . H.B. 1003 . CCIUIICIL .._. INDIICHT IIDYED, _, IT MAS S£CCIIKD, TO AmOVE I£SOLUTION NO. 1t, SOlES Of lttO. Co un cil Me.ber Ha be nic ht ex pressed her support of this Resolut i on as catalog sales deplete t he sales tax re venue; she felt 1t is unfair to th reta iler physically located tn a .uniclpality and payin9 sale s tax • Council r Clayton stated that he was oppo sed to th is R solu on as I t is contrary to free trade. He offered th foll t ng nt : COUNCIL .,_. CLAYTON IIDYED, TO MOlD HSOUITION NO . lt , TO ADD A SECOND IIIDW TO HAD: MHOfAS, ~£WOOD CITY COUIICi l SUPNI TS THE ADDITION Of A U IULliON DOlLAit SALES TAX .._,.WON THE CITIZENS Of THE STAT£ Of COlOIADO . Th aMndlltnt dted for lack of a stc:ond . Council r Bullock asked th Ctty Attor y I f h origtnat.t"9 fr011 th Supr Court as to h t s c rc Claus or th Con s titution • I . • • Englewood City Council Minutes February 5, 1990 -Page 16 • • • City Attorney DeWitt stated there was no case law. He explained this legisla- tion is dependent on federal legislation. Discussion ensued . Council Member Koltay questioned whether the Englewood Chamber of Commerce and the South Metro Challlber of C011111erce were in support of this issue. Council Member Clayton, speaking on behalf of the Greater Englewood Chamber of Com- merce, stated they were in support of it. Discussion ensued. It was determined the City of Englewood would receive di - rect benefit. Council Mellber Clayton explained the State would collect the money and administer it under some type of sharing formula, the formula is yet to be determined . Mayor Van Dyke stated she was uncomfortable with the Resolution and would not be supporting it. Council Me.ber Hathaway stated she would not be supporting the Resolution as she questions the constitutionality of lt. Vote results : Ayes : Nays : Council Me.bers Wiggins, Habenicht Motion defeated. Council Me.bers Koltay , Hathaway, Bullock, Clayton, Van Dyke Mayor Van Dyke co.ented that Resolutions passed by Council help inform the State legislature of the City's position . She stated the City does have an affect on the outco.e of so.e of the legislation at the State level. City Manager Fraser praised the Individual legislative efforts of Mayor Van Dyke, Council Me.bers Clayton, Habenicht, and Hathaway and Assistant City Man -ager Martin . Council "--ber Clayton agreed and stated how i~rtant sa.e of the legislative Issues are, as they have a genuine l~act on the co..unity . and J . (ix) This ite. wa s acted upon earlier in th ..etlng -se Pag 2 (x) Mayor Van Oyk r P·•· on Tu sday, F bruary 6. tfng at 7 00 (xI) Counc 11 r Hathawa : (1) COUIICIL fOIO HA Y NOVO, Ml) IT MAS S(CONDED, TO USCHEDUU nE lUUI.M ETI• OF APIIL t, lttO. TO APIIL l, ltiO, TO ALLOW lOTH TN( CITIZOIS _, COUIICIL fOI05 TO NITICIPAT[ 1• CAUCUS PltOCESS. Ay s : Council rs o1ta , Hath y, 99 n , Bulloe , Clayton, n ch • V 0 Nay s: n ti n carried • I . • - • • • Englewood City Council Minutes February 5, 1990 -Page 17 • • • (2) Council Me.ber Hathaway infor.ed Council of a proposal to be presented on February 28th for possible future use of the Quincy Fire Sta- tion by an organization known as •Not Bad•. The group wishes to use the City Hall Ca..unity Roo. for its organizational .. eting on the 28th. She briefly explained the purpose of the organization and questioned whether the Co.MUnity Roo. would be available that evening. Mr. Fraser stated he would check on the availability of the roo.. Council "'-ber Clayton suggested that zoning and historical use of the Quincy Fire Statton be checked; also that consideration be given to the surrounding neighbors as to this proposed use. 15. Adj~ COUIICIL ..a lOL.TAY llt¥tD TO..... The ... ting adjourned at 9:45 p.• . I . • • • • PUBLIC COMRENT ROSTER DATE: Fa.MY I, 1110 MY PERSON MY SPEAK ON Mnal 118 ~-ln. FOR A MXIIUI OF FIVE IUIITES. EACH SUCH PERSON SHOULD st• THIS PUit.JC COIIOT ROSTER, STATIM liME, ADDRESS, All) TOPIC OF COMROO. THOSE PERSOIIS MHO WISH TO SPEAK Ill FAVOR OF OR Ill OPPOSITION TO A PUILIC HEARl• SHOULD SIM THE APPLICAILE PUILIC HEAitl. ROSTER. PLWE PI lilT. /fc;:..JJN(-[}t LvA~CHJf-8 Pok.r hsu&/KII: ir 2. 8K.cAll {J ADDRESS 3J-< 2 "--Tun .s !)# Jc&~e cr ~ l 2 3 S'. t2r DFll liPIC MAIIA(j-fi S t'otvTff lt (t At4NA6£.c.s aqr~r I . . 1. Call to Order • • •' • EN&LEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Retular Session ~anuary 15, lt90 The regular .eeting of the Englewood City Council was called to order by Mayor Van Dyke at 7:37 p.M. Z. Invocation The invocation was given by Council Member Koltay . 3. Pltdtt of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke. 4. loll Call Present: Council Metlbers Hathaway, Kolhy, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Absent: A quorUM was present. Also present: s. 111nutes None City Manager Fraser City Attorney DeWitt City Clerk Crow Director Free.an, Financial Services Director Wanush, Coa.unity Develo~nt (1) COUIICIL MOlD CLAYTON NOVO, All» IT WAS 5£~, TO APPIOV£ THE IU IIIJES Of UIULAII ET I Of JAIIIMY I, 1 t90. Ayes : Council rs olhy, Htlhtway, Wigg ins, 8ulloc , Clayton, Ha nlcht, Van Dyke Nays: one tton ctrrl d . 6. Pre-achtdultd Vtsttors (I) n Harald n did no pp ar as sch duled . 7 • chttul_. Visitors I . • • • • Englewood City Council Minutes January 15, 1990 -Page 2 There were no non-scheduled visitors. 8. Ca~RUnicattons and Procla.at1ons (a) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF BRUCE HOGUE FROM THE PLANNING AND ZONING COMMISSION. Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton , Habenicht, Van Dyke Nays: None Matton carried. (b) COUNCIL MEMBER CLAYTON MOVED, AND IT WAS SECONDED, TO PROCLAIM THE 25TH ANNIVERSARY COMMEMORATION OF THE LAND AND WATER CONSERVATION FUND. Ayes : Council Members Koltay, Hathaway , Wiggins , Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion carried. 9 . Consent Agenda (a) (b) (c) (d) Minut es of the Board of AdjustMent and Appeals meeting of December 13. 1989. Minutes of the Englewood Downtown Develop me nt Author i ty meet i ng of December 13, 1989 . Minutes of the liquor l i censing Author i ty meeting of December 20, 1989 Minutes of the Water and Sewer Board Meeting of November 14, 1989 . COUIICIL _. HATHAWAY MOVED, MD IT VAS SECOIID£D, TO ACCEPT CONSOIT AIEJIDA ITIIS t (a) THIOUIH (d). Ayes : Coun c il MeMbers Koltay, Hathaway, Wigg i ns, Bullo ck, Clayton, Habenicht, Van Dyke Nays: None Mo t1 on carr! ed . 10 . Publtc Mtartng o publ tc h ar1ng was sch dult'd . J 1. Ordtnanc , bsoluttons and t on UTI A OAT 0 Y M· I . • Englewood City Council Minutes January 15, 1990 -Page 3 • • • COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 3, SERIES OF 1990. Ayes : Council Members Koltay , Hathaway , Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. (b) Director Wanush, Community Development, presented a request from the Englewood Urban Renewal Authority (EURA) that Council approve transfer of funds in the amount of $338,000 for the land acquisition of property from the First National Bank. Mr . Wanush explained that the land in question had been acquired by the EURA through condemnation for improvements to Englewood Park - way; however , no agreement had been reached relative to value . Recently a $500 ,000 settlement offer had been made which has been accepted by First Na- tional Bank . Taking into account the $162 ,170 being held in escrow, an addi - tional $337 ,830 is needed by the EURA to consummate the purchase. This trans- fer of funds would not affect the sub -debt agreements between the City and EURA . The resolution was assigned a number and read by title: RESOLUTION NO . 4, SERIES OF 1990 A RESOLUTION AME Dl G THE GENERAL FUND 1990 BUDGET . COUIICIL MM£1 IUlLOCl NOVtD, MD IT WAS SECCMIDED, TO APPHVE RESOLUTION MO. 4, SERIES OF 1990. Ayes : Council ~'embers Koltay, Hathaway, Wiggins, Bulloc , Clayton, Habenicht, Van Dyke Nays: on 14otlon carried. &t . City Nanattr's Report (a} Mr . Fraser confH'IIIed dates for two ~~eetlngs schtdultd with City Council: February 10, 1990 at 9:00a .m., location to be dete~ln d later ; and March 31, 1990 , an all dly session to review and establish goals for 1991 . o . llSZ 1£ 0 19 0 H. ICHT £1), IT I . • • • • • • Entlewood City Council Minutes January 15, 1990 -Page 4 Council Meatber Bullock suggested a letter be written to the Colorado Home Builders Association informing them of the City 's position in this matter. After discussion, Mr. Fraser suggested that he write a letter, sending a copy of Resolution No. 5 u well as a copy of the document prepared by American Planning Association; Mr. Fraser's letter to Indicate that the Englewood City Council is concerned about the position taken by the Colorado Home Builders Association . Council Member Hathaway suggested that a copy of Resolution No . 5 be forwarded to all members of the legislative committee in addition to En-gle-oDd's legislators. Vote results: Ayes : Nays: Motion carried. Council Metllbers Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke None City Manager Fruer offered the other resolut ion, which concerns powers of Urban Renewal Authorities, stating this particular legislation could affect a city's ability to initiate positive improvements within its conwnunity. He uplained the bill Is sponsored basically by School District Interests in an effort to prevent intrusions into their pri111ary revenue base, property tax . Using the City 's recently COIIIpleted project as an example , Mr . Fraser COlli· mented that this legislation would 111ake that process difficult if not impos- sibl e to co.plete as it would require unani•ity in the thinking of school dis -tr i cts and others to get urban renewal projects co.pleted. Discussion ensued; Council Mellber Bullock stated it is critical that Urban Renewal Authorities •aintafn powers of .. fnent da.atn, particularly their con - dHitlatfon powers . This new legislation would add another layer of bureaucracy. The resolution was assigned a nu.ber and read by title : RES OLUT ION NO . 6, SERIES OF 1990 A RESO LUTION OPPOSING H.B. 1007, CONCERNI NG URBAN RENEWAL AUTHORITIES . COUNCil MOIIU IULLOCJC MOVED, MD IT liAS S£CONDm, TO A"ROVE R£SOLUTJON NO. 6, SEIJ£S OF lttO. Council r Cl1yton c nt d upon the current situation with EURA being on th v rg of b n ruptcy, the dispute over who's going to absorb the loss In ta abat nts . He expressed concern that tu dollars should be spent by elect d pre entativts, not appointed autona.ous bodies. He r lt this ltgfs- la ion is a ~v• In that dlr ction. He suog sted that the r solution not be passed at this tt ... Th oint wa s discussed furth r. Coun fl r Habtn lcht stated sh agreed Hh Mr . Clayton on thIs ssu • ht pr s c nc rn lbout th hbl fsh n o 1uthorl Its th1t hav th I . • Englewood City Council Minutes January 15, 1990 -Page 5 • • • ab11 ity to access and spend monies without direct accountability to the electorate. Mayor Van Dyke reminded Council that in the 70 's a number of council members were recalled because they were proceeding with redevelopment without an Urban Renewal Authority. She pointed out that the ninth "Whereas" in the resolution states: "WHEREAS, Urban Renewal Authorities are currently required to obtain formal municipal approval of redevelopment plans including proposed tak ings by e~tinent domain". She thought perhaps this would address Mr . Clayton and Ms. Habenicht 's concerns. She concluded her viewpoint by commenting that this legislation would take local powers out of the hands of municipal govern men t. Vote result s: Aye s: Nays : Motion carried. Council Member s Hathaway, Wiggins , Bullock , Van Dyke Council Members Koltay, Clayton, Habenicht 13. City Attorney 's Report (a) Mr . DeW itt presented information concerning a bill for an ordinance approving a consent agreement with the State Health Department for cleanup of contaminated sotl at 2350 South Raritan . Council Member Hathaway inquired .tl at the possible costs ight be , i f the work was not done and the City was is sue d a Cease and Desist order by the State. Mr . De Witt confirmed that the cost could easily e ceed 530 ,000 , which is the estimated cost of perform ing the cleanup , and that we would sttll have to do he work. As this work is in connection with Paving Dtstrict o. 33 and the costs are to be charged to that accou nt, Mr . Frase r confirmed tha the 530 ,000 woul d not put Paving District No . ll ove r budget . The Cler k wa s asked to read Co uncil Bill No. 4, entitled : COUNCIL BILL NO. 4 , INTRODUCED 8 COUNCIL MEMBER HATHAWAY A Bill FOR AN ORDINANCE APPROVING CONSE NT AGREEMENT WITH THE COLORADO DEPART - ME T OF HEALTH ON THE C lAMINATED SOILS FOUND AT 2350 SOUTH RARITAN . COtiiCIL NOII[l HATHAWAY MOVED, All) IT IMS SlCCII)(D, TO APNO¥£ ON FIRST R£AD-I COUNCIL llll NO. 4, SERIES Of' 1990. Ayes : Council M rs Koltly, Hathaway, Wlgg ns, Bulloc , Clay ton , Ha nfcht, Van Oy ys : n 011 car,. d. I . • Englewood City Council Minutes January 15, lttO -Page 6 • • • (d) Mr . DeWitt clarified Council Member Bullock 's appointment to the Englewood Urban Renewal Authority, and it was agreed Mr. Bullock 's term is to commence February 5, 1990, to expire February 5, 1995. The resolution to be presented under Council Member's Choice was amended. (See Agenda Item 14 (b) (I) this page.) Other Council appo i ntments were discussed. 14. &eneral Discussion (a) Mayor's Choice (I) Mayor Van Dyke referring to a communication which went out to Council last week, stated she felt communication Is one of the Important fo- cuses of Council. She urged that lines of ca..un1cat1on be kept open, espe- cially with the citizens. She suggested a town meeting be held February 6 as a general follow -up to the January 30th Special Election; she further urged that town 111eetings be held at least every three 110nths or morl! often If needed. Mayor Van Dyke c~nted that Council should strive to function as a unit since it is easter to acco.pltsh its purposes being supportive of each other's issues. She briefly listed her go1ls for the next two years: 1) pra.ote economic development tn Englewood and the South Metro area, ~) t .,rove intergovernmental relations between the governing bodies In South Metro area, 3) pro.ote waste m1nage.ent, particularly in areas of reuse, recycle and waste reduction, 4) represent the City in the role of Mayor 1s prt .. ry public e.issary. She urged other -..bers of Counci l to indlc1te their projects lnd/or speci1l Interests. M1yor Y1n Dyke concluded by su99esttng 1 Council sub-co..tttee be 1ppotnted to review 1nd establish v1rlous Council policies . Council Me.bers Clayton, Hith · IWiy lnd Wl99tns were lppolnted 1nd will be uststed by Nr . Fruer . Nr . Fraser Indic ated staff had co..enced Identifying policies which had 1lre1dy been established by Council and re wor tng on those policies tch 1re sttll n eded. (b) Counctl r 's Choice (1) A r olutton r1tifytng eppo nt nts of council various bonds 1nd c _ tss ons wu cons fd red . Th r solution • a gned 1 n r and reed by title : R£ OLUTION NO . 7, ERIES 0 1990 c Jl £R TO T£ ON rs to I • • Englewood City Council Minutes January 15, 1990 -Page 7 • • • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 7, SERIES OF 1989. Ayes : Nays: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried. The appointments are as follows : En lewood Downtown Develo ment Authorit Rita Hathaway (tenure Firemen's Pension Board Susan Van Dyke (tenure as Mayor) Police Pension Board Susan Van Dyke (tenure as Mayor) I, 1994) Parks and Recreation Commission Clyde Wiggins (term to co ence February I, 1990; expire February I, 1994) Public Librar Board Alex Ha enicht (liaison for tenure) 1990; exptre February 5, 1995) c I . . • Englewood City Council Minutes January 15, 1990 -Page 8 Economic Develogment Coalition Susan Van yke • • • (ii) Council Member Hathaway encouraged other council members to read an article concerning the Metro South area which appeared in the January 1990 issue of the Colorado Business Magazine; also a very good article on En - glewood; and a full page article on the Wilkerson Corporation. She also shared a copy of a brochure promoting littleton and recommended that Englewood consider publishing a similar brochure. Mr. Fraser commented that his staff is considering a variety of things which will pro.ote the City. (iii) Council Member Habenicht offered several items: (1) Requested that the subject of the library's unexpended budget fund s be set for a study session. (2) Shared information concerning the Women In Municipal Government 's upcoming conference entitled "Earth Bank -Interest Is Due on What We Borrow -Framing Colorado's Waste Management Solutions .• (3) Commented upon a co"'"untty group called "Englewood Foundation - Partners for the Future . • She offered to share a copy of its mission and goals if anyone was interested. (4) Shared a brochure regarding volunteers publ tshed by the Englewood Pub 1t c Schools. (S) Shared her goals for the next two years to include: ·· collectively 1110ving Englewood into the future with a shared sense of pride and acco.plish~nt; and with a goal toward affirming Englewood as 1 residential community of choice wi th a strong retail center, and an ln- dustr ally c lean and non-intrusive industrial center. With Englewood as a jor player 1n the lro area , s at n utral because we are a full -s ervice ct y, ut definitely a ltad r n tro issues, especially Issues of Metro coop ra ton . n a our I . • • Englewood City Council Minutes January 15, 1990 -Page 9 • • • youth to new adventures and horizon In the 21st century through our example and through our support . --focusing on I. Neighborhoods residential business (commercial and industrial) 2. Intergovernmental relations and issues of governance 3 . Youth, families, individual residents/quality of life, culture 4. Sound f iscal planning and accountability to the public. (iv) Council Member Clayton commented his goals were shared via electronic mail. He expressed frustration with the City 's current policy of refusing alcoholic beverage sponsorship of our parks and recreation programs . He noted that although the City prohibits the parks and recreation facilities from accepting advert ise111ent and funds frORI a 1 coho 11 c beverage companies, we do not seem to have a problem posting notices done by other parks and recre- ation facilities in our Recreation Center. He was concerned about the loss of funding as a result of this policy. He felt the City should look at this pol icy to find ways various companies, Including alcohol -rela ted companies, could help sponsor our various recreation events. Thi s was briefly discussed. 15. AciJour,..nt COUNCIL NENI£1 KOLTAY MOY£0 TO ADJOURN. The Meeting adjourned at 8:40p .m. I . . RI::SOLUTION NO . SERIES OF 1990 • • • A RESOLUTIOt; BY ENGLEWOOD CITY COUNCIL CONTRIBUTING FUNDS FOR ENGLEWOOD HIGH SCHOOL STUDENTS TO TRAVEL TO WASHINGTON, D.C. WHERI::AS, the Close Up Program offers the opportunity for high school students to travel to our nation's capitol in Washington, D.C., and study government on location; and WHCREAS, the students will participate in several seminar programs designed to educate and increase awareness in the branches of government, the Congress and the legislative process, foreign policy and defense, and o ther domestic issues; and WHEREAS, the students will meet many of our nation's representatives and attend with them in varied legislative roles; and \ffiEREAS, the Close Up Foundation is nonprofit and nonpartisan, and not affiliated with any branch of government, political party, or other interest group ; and WHEREAS, the s tuden ts a re seeking financial assistance from area groups, businesses, individuals , and community leaders; NOW, THEREFORE, BE IT RE SOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The City of Englewood shall contribute $5 00 to offset Englewood High School students• coats under the Close Up Program in their trip to Uaahingt on , D.C . ADOPTED AND APPROVED this 5th day of February, 1990. Att e : H. Crow, C1ty Clerk I, Patrie a H. Crow, Ci y Clerk for the City o Colorado, hereby cer i!y ha he oregoing 1• ru eolu on No. ____ , SeT es of 1990. Pa rlcla K. Crow l:nglewood, copy of I • • • • • PROCLAMATIOII WHEREAS, motor vehicle crashes are the number one cause of death of children over the age of six months and the number one cause of the crippling of children in the United States; and WHEREAS, more children under the age of five years are killed or crippled as passengers involved in motor vehicle crashes than the total number of children killed or crippled by the seven most common childhood diseases: pertussis, tetanus, diphtheria, measles, mumps, rubella and polio; and WHEREAS, all SO states and the District of Columbia have enacted laws requiring the use of child passenger protection systems ; and 8 (a) WHeREAS, current nationwide studies estimAte that only 56 ?ercent of children under the age of five are fully protected in cars in the United States through the correct use of child safety seats; and ~EAS, research shows that when used correctly, child passen9er protection devices are 71 percent effective in preventing death and 67 percent effective in preventing injury; and VHEREAS, it is iaportant to buckle up everyone in your vehicle; It , THEUFOU, I, SUSAN VAM DYJ:E, Mayor of the City of Englewood, Colcrado, hereby proclaia the week of February 11 - 17, lUO u GI 1UO. CIIILD PAll y of Engl ood. l urge every dr v r to buckle up no children but everyone in the vehicle --tor 1 fe and for ead of regrets. ry • I • • • • • ......... _~ .......................... ... PROCLAJIA'l'IOB WHEREAS, American History must be preserved, and a dedication to liberty and knowledge of our Nation's great achievements must be stimulated; and 8 (b) \fflEREAS, through the study of American History, we are made aware of the importance of Freedom, Equality, Justice and Humanity in all our lives today; and WHEREAS, the National Society Daughters of the American Revolution sponsor February as American History Month each year in an effort to make all Americans aware of the of the growth of our ~ation and to stress pride in the United States of America; N0\1, THEREFORE, I, SUSAr~ VAl~ DYJCE, l·1ayor of the City of Englewood, Colorado, hereby proclaim the month of February 1990 to be AJCEJliCAR BIS'l'ORY 11011'1'11 in the City of Englewood and urge all Englewood residents to j oin in recognizing the iMportance of American History in our lives. 1990. GIVEN under my hand and seal this 5th day of February , I • • • • • 8 (c) PROCLAMA'l'ION WHEREAS, Englewood has healthy and diverse populations of urban wildlife species; and NHEREAS, the presence of this urban wildlife is a :key component of the high quality of life enjoyed by Englewood residents; and WHEREAS, watching, photographing and enjoying urban wildlife contributes to Englewood's and Colorado's economies; and WHEREAS, the Urban \\'ildlife Partnership, which consist:s of the Colorado Division of Wildlife, the Denver Museum of Natoral History, the Colorado Wildlife Federation, the Denver Audubon Society, and several consulting partners, has scheduled major activities during 1990 to focus the public's attention on the value of urban wildlife in Colorado; NOW, THEREFORE, I SUSAN VAN DY~E, Mayor of the City or Englewood, do hereby proclaim 1990 as the YEAR OP 01tBA11 WILDLIPB in Englewood and ur9e all interested citizens to participate in the wildlife related activities planned during the year in order to learn ~re about this rnportant resource. 1990. GIVEN under my hand and seal this 5th day of February, I • • • • • PROCLAMATION WHEREAS, Arapahoe Mental Health Center has been an active, participating force in our community for nearly thirty-five years ; and \mEREAS, our community needs the best mental health system possible ; and WHEREAS, the types of services and enhancements needed locally will benefit citizens, improve agency access, decrease waiting lists, improve se rv ices to the chronically mentally ill and to children and adolescents, and will improve our emergency services responsiveness; NO\v, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY OF EtlGLEWOOD , COLORADO , THAT: The City of englewood supports the funding requested by the Colorado Associati o n of Communi y !ental Health Centers and Clinic • GIVE under my hand and eal this 5th day of February, 1990 . I • • • - PROCLAMATION WHEREAS, Elsie Malley has been a resident in the Denver area since the early 1900's and has lived in Englewood since 1970; and WHEREAS, Elsie Malley is well known for her generous support of numerous wo rthy projects and to those in need; and WHEREAS, a birthday party in honor of Elsie Malley is an annual event at the Elsie Malley Centennial Center; and WHEREAS, Elsie Malley will be 100 years old on March 6, 1990; and WHEREAS, the citizens o f Englewood wish a warm and sincere happy birthday to Elsie Malley; NOW, THEREFORE, we, Susan Van Dyke, Mayor, Alex Habenicht, Mayor Pro Tern, William Clayton, Rita Hathaway, Roger Koltay, Tim Bullock, and Clyde Wiggins, Councilpersons for the City o f Englewood, Colorado, hereby proclaim March 6, 1990 as in the Malley honor ELSIE MALLEY DAY City of Englewood . celebrate her lOOth the Elsie Malley _r--: L We urge all ou r c1 izens to help Elsie birthday at a party to be held 1n h r Centenn1al Center on March 2, 1990. • I • • DATE February 5, 1990 IIIITIATED IY • • • CCUI: IL CCIIIUIICATiotl AIED ITEII 8 (f) SUI.JECT Dlpart.ent of Ca..unlty Developient Econa.ic Oevelopient Coalition STAFF SOUICE Richard Vanush, Director of Co..unity Developient ISM/ACTIOJI PIOPOSED No Action. lnfon~~tlon Only. PUYICIUS CCUCIL ACTIOJI Resolution No. 44, Series of 1989 was passed by City Council. STAFF MALYSIS TN [ftll-.ood Econo.lc DlvelOpiellt Coalitton has •t si11ee October, 1119 . The purpose of thts _r...._ h to tru•lt a copy of the Juuary •IIIUtes of the Coaltttclft, Md IIPdated ....,.rslllp ltst, and to s._rlze the acttvltles of the Coalition and schedule of future .. tlftgs . .....,_rs of Ctty Council are welc-to attend a .. ttftg. CCMNtCil wtll be revlewlftl the Econo.lc DevelOpiellt Stratttlc Plan draft ,..,.reel by the Coalttton In NQ. The (cono.lc DevelOpiellt Coalition has •t four tt•s, and the Executive C-tttM hu •t two tl•s . The lltjor acca.plhlwetlts of these .. ttftgs hu l~~elt..ted : • ()rgMiutlon Md review of toah . • .. view of ec-lc trends, vac~~~ey rates, ec:-lc bls Md ~~~~plo,_,.t dati , retatl sector ~Atlysls and overview of (ftll-.ood 's trends and statistics relat i ve to the •tropol ttu area . • PN ... tatlon by University of Colorado Urba11 Dlslgt~ Studio on the S...ta Ft llldustrlal area . • .. view and adopt strattttc plu process and short ·tt,.. wrt plan . Dtvtlop Issues and asstt s/lllblllttes lllvt~~tory, future trends . • C .. tlt I ltst of pet-..ttal K-lc dtvt!Opiellt atrltttlts • I . • • • • The Coalition ts tn the •tddle of developing a "strategic plan• which will contain reco..endations for City Council to review. The draft plan should be completed in March or April for review in May. P .. Pepper, Econo.ic Develo~nt Coordinator, and Rich Wanush, Director of Ca..unity Develo~nt, will be attending the February 12th Study Session which will be devoted to Econo.ic Develo~nt. Please bring any suggestions and ideas to this .. ettng. Future Econo.ic Develo,.ent coalttton Meetings: (Noon -1:30 P.M. -Perrin Conference Roo. of the Englewood Public library -Jrd Tuesday of .anth.) • February 21 (Midnesday due to Monday holiday) • March zo • Aprtl 17 FIIIMI:IAL The Strategic Plan will include an evaluation of costs and alternate funding sources. - I • • • I. CALL TO OIIDEI. • • • ECOMIIIIC DEYELOPIUT COALITION January 16, 1990 Mayor VanDyke called the ... ting to order at 10:20 A.M. in the George Perrin Roo. of the Englewood Public Library. Me.bers present: Birdsall, Cohn, Draper, Fraser, Gulley, Hayes, Habenicht, KeenA, Marx, Nlsbtt, Shepherd, Wanush, Welker, VanDyke, Voth Me.bers absent : Ausflhl, Close, Stay Staff present: P .. Pepper, Econo.tc DtveloP~tnt CoordinAtor D1n GirouArd, Intern Guests: Peggy Kleve, Falrlanes Bowling Center Russ York, s..dish Medical Center (attending for Chavez) II. IEYIEV Mayor VanDyke revtftld the results of the Dtclllber .. ttng. The schedule today In -cludes prlortttzlng strategies for econo.tc develop~ent. Ill. VISIONS The group continued to bratnston~ visions for Englewood for the next 10 -20 yeArs. (Attached.) IV. STUTUIES Additional strategies for Econo.lc Dtvelop~ent .. redeveloped, added to last .onth 's 1 tst and grouped according to sl•tl•r Issues. This Included housing rehab, zoning, financing tools, and •rtetlng partnerslltps. Several _..,.rs suggested that the group focus on four or five key visions for the City prior to prioritizing the strategies . Those top "visions• are attAched. During lunch the group ~s asked to select 10 strategies that each felt re t~r tant and to gtve thetr lists to Dan Girouard for tabulation . After lunch, the selection of strategies was revl . Those receiving seven to eight vote s .. re : Prolote develop~ent of key parcels ; Market Englewood as • City ; Increase econo.tc vlabtltty of the ca..unttles through joint efforts for the South Platte corridor: create 1ft tdeftttty for Engltwood; Establish Englewood as a cultura and hhtortc center . Those receiving five votes .. re : Diversify the tax structure ; Create 1 shuttle strvtce: Joint •rttetlng: Involve the banking ca..untty in s trate · gtes (loans); Financt119 tools . Thh 1 tst brougllt about cCNislderlble dtscuul011 u to ther the Coal ltiCNI should lddreu those fdeu wtllcfl .. ,.. ftOt In Its cCNitrol . The difference bet • CCNICitlt I • • • • • and an activity, and the need to organize the strategies was discussed . Larry Hi s - bit sugtested that the goals and strategies be organized under three headings: Com - .,nlty, Englewood IS a Marketplace , and Positioning for Developt~ent . The second heading was changed to "Englewood IS a Regional Center for EconOMic Activity or 'Arena'". The third heading was changed to "Positioning for the Future.• The ca..lttee directed staff to organize the strategies so that the Coalition could review the goals and objectives and add action steps . It was proposed that the com - •ltt .. break Into three groups prior to the next .. eting to refine the strategies , develop action steps and what group(s) should take a lead i n i~le..ntat i on . The subca..itt .. s fonlld are as follows: CMIJNITY Larry Nisbit } Alex Habenicht } Co -chair.en Betty Keena Ca r l Welker Bob Voth Polly Hayes Peggy Kleve ECONOMI C ACTIVIT Y CENTER Crag Btrds al l, C ha t ~n She r i &ull ey Rich llanu sh Roger Fraser Ed Draper lio rdoft C 1 ose Anna Chav ez POSITIOIUIMi FCM THE FUTURE Loret~ SlliPhiNI. Ch a hw n Sus an VanDy ke linda Cohn Bob Ma r• Ti• Ausf ahl Steve Seay The Ca..untty Subca..ittH 1s .. ttng Thursday, February 8th at 9 :00 A.M . at Engle - wood Public School Adllhthtratfon bul1dlft9, 4101 South Bannock Street . The next Coal tion Roo.. plp/gw tt ng w f11 be on nesday, February 21st at Noon fn the Perrfn D I . • • • • Claar - I .. g• and Identity AnAaiiEIIT 1 VISIGIS 2000 Signs let you know ~n you arrive and leave. Facades Draw on historic roots of Trolley • Shuttle bus • Clta:r Roadrunner aoo-..na to Trolley i.aga Centennta needs to be part of thts Street ltghts ) Extanston of .ttat -. have tn downtown. Street Stgns ) Arts Canter Tarvettng New lustness Htglt tech bustneu Htglt value added bustness S.rvtce bustneues Nlcltcal related Entartat..._t servtces TMatars lestaur•ts Hotel, llotel , "-te 1 lett,_t ort•tld Houstns -zonta -Ntxec~ "" -lliir 11ses ... r •teal c.ter -lefrit~ ....... , ......... , -Stratettcall, lecete let..,. servtces Accass/Tr stt 1'-ttle -tte tile Ctt1 's bustMu , sarvtce alld restdeftttal areas t ... u.r . Q I . . • • • Anaa~UT 12 TOP FIVE (I) VJSJOIS Establish a definable City i.age that links all parts of the City . link the City physically and conceptually as 1 whole. • Transportation Center Signs Prolote 1 healthy environ.ent. • A balanced City respo~~sive to change. Create changes that beftefit all . Readiness (Financial lnvest.ents) • Infrastructure Dlvel~t parcels Access to 110111y Create an environleftt that will attract targeted businesses, such as high technology. Regional Marketplace • Aggressively .. rket and support Engl.wood 's "place• as 1 regional .. r - ket center for both retail and industry . Facelift sa.e areas. EURA I . . I. • • • CCMIIJn (DEYROPJ. fMI ENDCID'S SEIISE OF) IIIIProve E,lewood's l~~qe and ldettttty; or Create an denttty; or Market Englewood's Assets as a Co..untty stratetes: 'vtve •511op E119lewooc1• c~~~patgn. • Genertc adverttstng tn publtcattons and -.dta. Develop the followtng •Martettng Tools•: •• Ca..untty Proftle •• Brochures lt.ndouts or spectalty adverttstng Recrutt retatlers to ftll vacant space. Jotnt .. rketing efforts with E~. Ctnderella Ctty and Ctty. Marketing partnershtps (tnclude schools) Establtsh Englewood as a cultural and histortc center. Assist wtth htstortc destgnation where approprtate. Develop a Cllllplilft to tell our story about our schools, quality of life. Other Coals : ' ,_te ec-.tc health, balance (quality of life). Identify wqs to keep •re dollars here. t I . . • • • • ENGLEWOOD AS A REGIONAL ECONOMIC ACTIVITY CENTER. I. Create 1 healthy business environ.ent. strateies: 1 ~stat .anufacturers in identifying export opportunities . • Pn.te attraction of high end businesses to Englwood. Pn.te non-resideftt use of recreation center. Capitalize on existing bustness nodes. Create a shuttle service fro. -.Jor -.ployers to retatl areas . 11. Develop Finucing Tools . Stratt=tes: '!Wolve the bMttng c-..ity in loan strategies for sull to •id -stzld businesses. Assist businesses in findtng State and Federal sources of financing . Ill. Keep More Dollars Here. ldefttify ca.panion industries . • I . . • • • I. IIIProve Engle.ood's readiness to attract new business and keep existing business; .. ld citizen and business priorities in the budget process. Strat~ies: 1 qutre substandard housing for redevelo,..nt. • '"-te additiOMl •ltt-f•ily housing. EnhaRced HoMstRg a.habtlitation Progr•. Create a llustMss htc-.tor. Jotnt planntRg for~ Platte River corrtdor with Littleton and Sheri -dan. '"-te ...... l ...... t of uy parcels. ••rowe transportation access by ii!proving Hallpden Interchange . Stre•liM pe"'tt processes. (Incentive Related) • Restructure taxes. Zontng Relocatton assistance hte•ttves (tax abat.et.t, training) Matve pe"'it and use ta.ces. .. I . • -• • • ALL 11C1UPS TO CCIISIDEI The following strategies did not fit readily into any of the .. Jor c1tegories, burt should be considered in developing the action steps. Create 'artnerships. Review ~t other Econo.ic Dtvela,.ent groups lrt doing -t1ke 1dv1nt1ge of extsttng netwrkl. Butld partnerships by forwing subgroups to focus on co.on interests. Coordinate efforts -.g the th,... a..btrs. ltco.e involved in activities that PrDIDte business . Business to business netwrks. Business newsletter. Ongoing c...unic1tion with business. I . • • • • ECCIICIIIIC DEYELOPIDT COALITION ...asHIP llOSTEl EXECUTIVE CCIIIInEE Engle.ood City Council Susan VanDyke, Mayor 570 East Alhtrst Avenue Engle.ood, Colorado 10110 711 -5111 DIMitCMt Devel,_..t Authority Pollyaftfta Hayes, Executive Director llll South lanftock Street 1410 Engle.ood, Colorado 10110 711 ·7·5 South Metro Ch-.r of c-rce Ietty Keeaa (CPA) 1125 South Colorado loulevard 1204 Elipiro Part Office Detlver, Colorado 10222 751 -nM Englewood Urban Renewal Authority Robert J. Voth 3534 South lincoln Street 112 Englewood, Colorado 80110 761-4131 ;roater Englewood Cha.bor of c .... rce loren Shepherd (CPA) First National lank of Englewood 333 IMst Hallpden Avenue Englo.ood, Colorado 10110 761 -5151 Ex-officio Me.btrs Roger Fraser, City Nan190r ltcllard Muush, Dtrector of C-.ntty Devel..-nt/EUU P• ,...,_r, Ec .... lc Devel.,_..t Coordinator ......... .. al Est t ........ ,..,.. ... 1 Estate c...,. ]701 s.tJI ~ Engl._.., Colorldo 10110 761 -4004 Stove , President htternattOAal laO of £ngl 5010 Soutll • 1 £ngl , Colorado 10110 762 ·- So!t" lr!td!!v T1• Ausfaltl A l A Trading Post 4101 Soutlt lroadllty £1111-.d, Colorldo 10110 761 -0747 h•dorolh Cit '"' ltrdsa11, ral Nan r Ctftdoroll a Ctty t 7011Mst....,...Av._. fnglo.ood, Colorldo 10110 761 ·6100 I . . • 3470 South Broadway Englewood, Colorado 80110 761-6664 Medical Services Anna Chavez ~ish Medical Center 501 East llallpclen Avenue Englewood, Colorado 10110 7U-4216 Centennial Area "-911 Kleve, lieneral Manager Fair lanes Belleview 4100 South Federal Boulevard Englewood, Colorado 80110 794-4265 ltndl Cohn Nilsen I Cohn, P .C. 33M South SlletwM Street Efttlewood, Color• 10110 711 -5531 Alex ....,_icllt 515 W.st Tufts Ave.ue Englwood, Celor• 10110 761 -7552 • • • 4535 South Santa Fe Drive Englewood, Colorado BOliO 7Bl-4401 Industrial Area Sheri Gulley 4409 South Shenun Street (R) EngleMOOd, Colorado 80110 719-0316 761-7444 51ry lulll, Market i, Manager Sterling Stainless ube Corporation 1400 W.st Dart.outh Avenue Englewood, Color• 10110 719-0SZI Education larry lhbit Englewood Publtc Schools 4101 South laMoc:k Street Englewood, Colorado 80110 761-7050 --"'··--Ed Dr.,.r (Retired CPA) 4100 South ltpan Street Engl-.d, Color• 10110 711 -3117 Carl W.lllar (Architect) 4111 South C1arksoll Street Engl-.d, Color• 10110 711 -7023 I . . • • • ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY 3333 South Bannock -Englewood, CO 80110 Members Present: Members Absent: Staff Present: Guests/Visitors: MINUTES December 13, 1989 Birsdall, Breier, Chavez, Close, Green, Hathaway, Oxman , Shepherd, Tomooka Steele, Wanush Douglas, Hayes Pat Crow, Pam Pepper The regular meeting of the Englewood Downtown Development Authority Board of Directors was called to order by Chairman Walt Tomooka at 12:07 p .m. He began by int roducing Anna Chavez and Loren Shepherd who would join the EDDA board after being sworn in by Englewood 's City Clerk Pat Crow . He asked Hs . Chavez and Hr. Shepherd to give a brief intro- duction of themselves, with the former going first . Hs. Chavez, as Swedish Medical Center 's director of marketing and planning, noted that she had come to the hospital in F bruary wher she b gan in business operations . She stated that she now reports to Swedish CEO Nick Hilger . Hr. Shepherd, an Englewood CPA, noted that he runs a small accounting firm, having fir t com to the city in 1966 . After leaving in 1978 to practice ela where, he returned to Englewood in 1985 and ata ted that h always has been very intereat d in the downt own development of the city . With that, Chairman Tomooka noted that Hr . Shepherd has long been a "motivat ing force " in this arena and proceeded to officially welcom both Hs . Chavez and Mr. Shepherd to the board. At thia tim , Hs. Crow officially awore in both aa n w EDDA board m mb ra . All pr nt applauded following the ce remony. Chairman Tomoo a th n motion d for approval of last month'• board minut 1 o which Hr. Cr en moved and Hr. Oxman second d. Ha. Ratha ay aak d to abatain at nee ah was not praaent l th m tin in qu s ion. T Ch 1rman Tomoo a asked P ndl ton had and h Rayea about th budaat aa 11111 not d that ae Hr. Pendleton r eetvtna any further ravenu ahort epproaiaat ly $27,000. r aeinin bud t would b ln pproxlaet ly Sl 0,000 for th for th loaa. Hr. b ph rd 11 d ah rt all thet hae oeeurr d to It d it •• ••hl du tote lett h 11 •otioa d for epproval vht He. llath way aov d end • q A I I • • • MINUTES December 13, 1989 Paae Two CHAIRMAN'S REPORT • • • Chairman Tomooka noted that officially he had no report this time, except to again welcome Ms. Chavez and Hr. Shepherd to the board. DIRECTOR'S REPORT Happy Holidays in Enalevood Ms. Hayes reported that the program went very well, though she had concerns shortly before the Plaza program when it appeared that there would be low attendance for the 4:00 p.m . event; she vas quick to add that she vas pleasantly surprised, however, by the crowd that began appearing just in time for the event • s start-up I Ms. Hayes said that singing by the Sweet Adelinea lasted almost an hour at which time Mayor Susan Van Dyke prepared the crowd for the lighting of the Plaza's light-tree. She noted that Mayor Van Dyke cleverly asked for the audieDce to i•agine that the holiday pencils that EDDA had distributed were magic wanda to be waved in order to automatically light the tree. Ms. Hayes noted that thouah initially, in the weeks of the tree's preparation, there had been electrical problem a with the tree, the liahtina vent off very well and a "atunnina" tree reaulted, In reference to the prior concerns, Ms. Hayea at a ted that Everareen Special ties, who had supplied the "li&ht-tree," waa very apoloaetic and had aouaht to re•ecly the situation; abe added that City of ED&levood per- sonnel , led by Jim Kavinaky, parka auper1nteDdent, heel ••de n edecl acljuatmenta and were to be comaeftded for their efforts, Ms. Heyea Doted that • letter of coftaratulatioDa would be sent to C! ty Manaaer loaer Fraaer, Mayor Van Dyke, aod the City Council to coa•end the• for the City '• fine efforta ln conn ction with the holiday proaraa. " th to note that tollowiD& th Plaaa portion of ••11 roup of carolera w r 1 d by Mr. and locky the 11 f. aDd he w t Adel ill 1, ov r to Trolley Squar aod were joioed over iDdividually. At Troll y by th Diekeaa Carolera aad v adora aooda. Ma. II•Je• aoted • aood quar , I ardiaa tb IDDA art coat It. hildr D 1 a dravtoaa have beeo ella• Ha. llay 1 add d that 1h1 hu r1 ad that the Baal wood etta 1 wtoo r•• aa• 1 aad th tr pria •· 1h wa• plea d ov rall aad tbat. th w 11 b co• a trad1t1 to o l wood • I • • • • • MINUTES Dec embe r 13, 1989 Page Three At this point she asked Mr . Close, who had helped with the sound system, his feedback to which he replied that all had gone "very, very smoothly ." He made the suggestion of having a map publicized in the future that would outline the parking areas to better direct all coming to participate in the activities, and then went on to commend Ms . Hayes and her staff for a job very well done . Mr . Close also noted how impressed he was with Mr . and Mrs . Claus; Ms . Hayes assured Chairman Tomooka and him that efforts would be made in the future to again secure their services . Mr . Shepherd noted that he and his wife were present at the Plaza and were impressed overall , with the exception of having to find the best spot to most effectively hear the Sweet Adelines . Ms. Hayes then ask d Ms. Hathaway who had h lped with EDDA efforts at Trolley Square what she thought, to whi ch she noted that everything went fine, except for most of the crowd dissipating by 6:30 p.m., with the event officially lasting until 7:00 p.m. Ms. Hayes confirmed that the tim to be allot d for next year 's events was already being taken into consideration . Some discussion ensued on banner publicity during the holida a , with the cons naua being that th r would b even •ore coverage planned for next year . EDDA Holiday Reception Ms. Hay a noted that th EDDA reception will be hosted at Chalraan To•ooka 'a Stone Designs business. She encourag d v ryon to att nd and ask d all to pi aa RSVP. She also aention d that Chair•an To•ooka'a wife, Hilda To•ooka , and hi s aaalatant, Cindy , w r helpin a reat deal in th part 'a pr paration . EDDA Hra. Dorothy Ro an Ha . Ha ov . 20 ah has To oolta a r port d th1t Hra . Ro••na had ba n honorad on with plaque and proela•ation for the 20 y•ara d to th annual n I vood Parade . Chair•an ra. o•ana ain at thi1 point. I • • MINUTES December 13, 1989 Page Four New EDDA Assistant • • • Ms. Hayes noted that Mary Douglas's last day would be Dec. 15 and Ms. Hayes said she had received 45 applications for the administrative assistant position and that she had narrowed it down to three strong candidates; the strongest of the three, however, had taken another job offer shortly before she was due to interview with Gregg Birdsall and Mr. Green , She went on to say that after the latter two interviewed the remaining candidates , all decided to postpone selecti ng someone just yet , Ms. Hayes stated that former assistant Margi Miller is planning to return as of Jan. 3 to temporarily help out in the office as Ms. Hayes continues the search . 1990 Spring/Summer Planning Ha. Hayes jokingly related that one of her merchants asked her if now that the holiday project ia complete, doea ahe (Ha. Hayes) juat "hang out until spring?" Ms. Hayes aaaured everyone that abe wouldn't be hanging out until spring and aaid that ahe already would be attending a 4th of July firework meeting thia evening. She aaid ahe alao has been in contact with the Denver Musicians Association regarding the summer concert aeries and that the aummer fair committee would begin m eting in January . And, the 1990 buaineaa ae•inar achedul haa already been planned with the Chamber of Commerce, Once again, ahe reiterated that ahe would be prea nting a more for•al buaineaa plan to the board •embera in th weeka ah ad , I Urban Renewal Authority(URA) Pam P pper, c onomi development c oordinator for the City of Enalewood, repreaented the URA in director Rich Wanuah'a ab e n c and not d that the lett r haa been workina on financial r •a tru c turtna o C the URA't bonda. Sh wetlt on to aay t a o tb r UIA bu ineaa in c lud d th offic c urrently looktna t nant lor th va c ant Buyer's Club. Cheirman d a o ut p o t nt!al t na t candidates for the buai- dl ac uaaion enau d. h not d that, in xplorina o ptions, Hr. enueh and ab re c ently had been in a "v r y p oa ltiv " • tin with Ctv Coldw 11 lla11kar repre- 1 ntttlv 1 and that if anyon lied Curth r qu atione, to pl •• o nta c t Hr. Wanueh aa th b 1 for lnfor•ation. h co n lu d d by aayin how au c h h appr 1at 1 t~e EDDA'a 1 1 th U A'a aear c:h luy r'a Club'• new D I • • MINUTES December 13, 1989 Page Five Other • • • Ms. Pepper discussed potential joint marketing efforts with the EDDA and the Ci ty of Englewood and stressed that she feels the EDDA and the City of Englewood can work successfully together; discussion of past "Buy Englewood " efforts ensued. It was noted that since Ms . Hayes has now been on the job almost a year as EDDA executive director, she has some good experience to bring to the task at hand; she added that putting together an EDDA Merchant Services Directory would be one appropriate project she would like to investigate with Ms. Pepper. Mention was made of working more with upcoming Farmer 's Markets to create better exposure for surrou nding downtown business merchants, and Ms . Hayes co nfirm ed that this wo uld be pursued further . The co n sensus was that more discussion of a "Buy Englewood " campaign definitely would follow at the next board meeting . BOARD MEMBER'S CHOICE At this point, Chairm n Tomooka stated that, especially for newcomer Ms. Chavez 's benefit, he would like to note how far the EDDA has come in its progress since ita inception about a decad ago, in its develop•ent, and in the public's eye regardin its function and role in the co•munity of Englewood . He laborated somewhat , with other board •embers, such as Englewood native Hs . Hathaway, ••king additional co••ents to support his vi v regarding the EDDA's positive pro rea sion . Chairman To•ooka stated that he is pleased that th EDDA is •ore able to work well with the City of En 1 wood and the City Council . He added that it 's v ry ai nlficant to have the representation of Cinderella City with Hr. llirdaall followina his predecessors and nov with Hs . Chav t following in h r Swedish Medical Center pred eeaaors ' footsteps, and he then went on to co••end th stron business and civic consciousness of the current DDA board as b in v ry 1•pr sa iva. Hs. Cro w noted she, i•pr ss d w1 th the pro r •• the !DDA has aade 1t no a anda . Chairaan To•ooks th n coa•ended H • Hay as be na "h av n-e nt" vith all of h r pro•otional forts on b half or th ODA. lriaf diecueeton followed a11d th re vas no other buein ••, th • tina adjourn d at I: I ... I • • - • • • • • • PLEASE NOTE: TIIESE MINUTES RAVE NOT BEEN APPROVED ENGLEWOO D DOWNTOWN DEVELOPMENT AUTHORITY 3333 South Bannock -Englewood. co 80110 Members Present: Members Absent: Staff Present: Guests/Visitors: MINUTES January 10, 1990 Birdsall, Close, Green, Hathaway, Pendleton, Shepherd, Steele, Tomooka Breier, Chavez, Oxman Hayes, Miller P . Pepper, K. Settle (attending for A. Chavez), R. Wanush The regular meeting of the Englewood Downtown Development Authority Board of Directors was called to order by Chairman Walt Tomooka at 12 :10 p.a. He began by introduci ng Kay Settle who is Anna Chavez' assistant and attending the meeting in her absence. Chairman Tomooka then asked !or a motion to approve the Minutes of the December 13, 1989 meeting. G. Close moved , seconded by R. Hathaway to accept the Minutes as written. Mo tion passed unanimously by voice vote . TRI6SUBIB 1 S llEPQRT Mr. Pendleton noted there va s little change i n the expenditures and revenues for the 110nth o! Noveaber. He we nt on to explain the $27, ooo revenue shortfall vas due to assess-nts on properties in the district and the subsequent objections to those assessaents by aoae individual taxpayers. Mr. Green asked what the esti.ated revenues for Oeceaber would be and vas told the a110unt vas thought to be under $5,000 (per R. Wanush). Mr. Pendleton also noted that even with this reduction in revenues the year end balance is estiaated to be between $20,000 and $25,000. Chairaan Toaooka asked for a 110tion to accept the Treasurer's Report dated Noveaber 30, 1989. R. Hathaway 110ved, seconded by o. Green. The 110tion passed unani110usly by voice vote • Ch iraan To1100ka d i d not have report and d ferred to P. H y s DIBEI'tJ!' S QPOBT Cowputer pyrch••• p, Hayes report d 8. Pendleton assisted her in finaliaint the purchase of th new coaputer. She co ... nted that the syatea had alre dy beco an asset to the staff nd vas well worth th invest• nt . he also noted that she nd h assistant would be able to receive tutor! 1 support froa th au plier w h 1nstruc on beqinnint 1 dlately and • of n a n D I • • MINUTES January 10, 1990 Page Two EPPA Parking Lot • • • P. Hayes reported after the January 15, 1990 payment to Hr. Litman sachter, the total payoff amount for the parking lot on South Lincoln will be $4,789.19. The closing has been tentatively scheduled for January 29. She also noted that Rick Dewitt, City Attorney for the City of Englewood would most likely be handling the closing. 1990 Budget P. Hayes noted the B. Pendleton would be discussing the 1990 Budget and asked that she be allowed to finish her report before the discussion began. Request was granted. Ordinance #33 -Mill Leyy APProval P. Hayes explained the 4.661 mills requested by the EDDA was approved, which is an increase over the mill levy approved for last year in an effort to make up the loss in revenues for 1989. But, as she also noted, this increase is by no means a guarantee the revenues would be collected. EngleWOod Education Foundation/Partners for the future P. Hayes reported that she has been asked to serve on this board of directors whose goal is to aake a difference in Englewood students through proqraas involving educational, civic and business coaaunities to strengthen student activation. She said she would keep the Board updated on activities of this new organization. Inceotiye Prograa I . MINUTES January 10, 1990 Page Three Englewood Jaycees Nomination • • • P. Hayes noted that she has been nominated by the Englewood Jaycees as the Englewood representative for Outstanding Young Coloradoan, an award involving statewide competition, culminating with an awards banquet in February. She was flattered and honored to be nominated by the local civic group. Urban Renewal Authority R. Wanush reported that tenants are being recruited for the Buyer's Club building which is now empty. Because it was funded by industrial development bonds, which heavily restricts the use of the property, (no theatres, no liquor-based business, auto related uses, etc.) it is slightly more difficult to lease. P. Hayes then asked that a clarification be made regarding an erroneous state•ent made in the November, 1989 Minutes in which Mr. Wanush was said to have stated that the City of Englewood would be conducting a search for a new director of the Urban Renewal Authority. The stateaent was corrected. There is no search going on or planned for this position. P. Hayes noted that in the •ost recent issues of the Colorado Business Mag4zine, and in the South Metro Denver Business Magazine are very positive articles regarding Englewood. She also reported that she had placed ads for the downtown area in both publications. 1990 Budget a. Pendleton conducted the budget session explaining line iteas and justifications for increases and deer••••• for each category. L. Shepherd was concerned it the EDDA was subject to the Local Govern .. nt Budget Law. P. Hayes said she would clarify this with City Attorney, Rick Dew itt and report to the board ot dir ctore at the February aeeting. I • • • MINUTES Ja·nuary 1990 Page Four • • • pays 85%. The City then pays 50% of the 85\ for the part time employee. The EDDA would pay this 50\ estimated to be no more than $2,500 for 1990. This adjustment to line item #5, with funds from the contingency fund, was seconded by B. Pendleton and passed unanimously by voice vote. With discussion complete G. Close moved to adopt the 1990 Budget as amended, seconded by R. Hathaway, the motion passed unanimously by voice vote. R. Hathaway mentioned that the University of Colorado, School of Urban Regional Planninq, has co•pleted the first of two studies both of which concentrate on Enqlewood, the first is entitled "A Profile of Englewood's southeastern Industrial Zone" and the second study will focus on the Broadway corridor. P. Hayes has a reference copy in the EDDA office. As there waa no further business, the •eetinq was adjourned at 1:47 p.m. I • • • • • ENGLEWOOD HOUSING AUTHORITY Board o~ C~mmissioners Regular Meet1ng The Regular Me eting of the Englewoc•d Housing Authority Board of co-issioners was called to c•rder at 5:4:5 p.m. on Wednesday, October 2~, 1989, at Simon Center, 3333 South Lincoln Street, Englewood, Colorado, 80110, by Chairman Tho.as J. Burns. "-.Cers Present: ThoMa s J. Burns, Chairman R. J. Berlin, Vice Chairman Roger Koltay, City Counc1l Rep. Norl .. n Norden, Co_.1ssioner Cunt1l 6:35 p ·"'·) Bradley L. Zieg, Commissioner Paul Malinowski , Executive D1 rector "ary A. Ryan, Record1 ng Secretary Co .. issioner Norden gave a hletory o~ the Project -Based Ass1etance CPBA> Progr ... She detailed Mhy th prog ra• had originally b-n etarted by HUD and h o w CHAFA had beco- involved in the progr... She also detailed how the recent ecandals involving HUD affected the PBA progra• and in turn the EHDC being deeignated a PBA recipient. PBA covered Mhat the d th t I'H •lght co- I • • • • EHA BOC Regular Meeting 10/2:5/89 Those four things are: • • • •· Total number c•f units 1n the Sect1on 8 Certifica program; b. The total number of units for which the PHA is requesting approval to attach assistance; c. The number of units by unit size to be assisted fr o111 each funding source <i.e., project award>; d. Esti111ated rehab periods and ter1111nation dates for HAP contracts to be executed for pro Jec t-b ased subsidies and the ACC termination dat e of each funding source for each HAP contract. Also discussed was if the EHA wa s obligated t o go forward with the PBA. The Executive Director stated the EHA was not obligated to go forward w1th the PBA, but that 1t wa s at this ti.. an integral part of the CHAFA permanent f1nanc1ng for the WAND project. co .. lssioner Z1eg asked if CHAFA would continue with the1 r permanent financ1ng w1thout the PBA. The E xecut1ve D1rector stated that CHPFA was w1lling to re-revi.-the EHA's per111anent financ1ng appl1cation without PBA but would ltkely reduce the ~~~artgage a.aunt. The pro-for.. f1gures would change so~at because there would potentially be a h1gher vacancy loss unass1sted r opposed to assisted. It was s trongly felt a.ang the EHA co .. 1ss1oners that whatever property the EHA deed s to the EHDC Should not fall into uses wh&ch no longer confor• to hous1ng authority purposes and standards in th• future. D seuss1on ensued regard1ng control of propert es d ded to th• non-prof1t. A r•version clause in the d .. ds ln case the prop•r t&es wer• to b• used ln a way that is inconsistent w th th• purpos at t .. of transfer •as diacussed. Cha raan 1 ' r I • • - • • • • • EHA BOC Regular Me~ting 10/2:1/89 IV. It was decided that th~ EHA should, in regard to PBA: 1. Adopt • -lection pol icy ~or the PBA units sc• thoat it is limited to whatever group the EHA sel~cts; i.e., non-pro~its; non-pro~its within th~ City of Englewood; etc.J •nd, 2. Sell the WAND properties to the EHDC. It was decided by the co .. issioners present at this meeting that EHA's leg•l counsel, 3i• Wagenlander, and all ~iv~ co .. lssioners should be pres~nt at • special meeting to discuss and decide Nh•t course o~ action the EHA should tak~ in regards to the WAND rental properties and PBA. The date of Nov..Oer 1~, 1999, was set •• a special meet i ng to discuss the PBA situation in regards to the WAND rent•l properties and also review and approve the FY '90 Operating Budget ~or the EHA. Cor rection to P•ge 4, ~ourth p•ragraph, third line: line should reada expendable equip-nt or • control o~ it~s used as Correction to Page 4, sixth par.;raph, next-to-last linea line should reada ••• this policy will apply to all provr ... o~ the Engle.ood 'lQilQ~ IT WM l'tOYED BY MADLEY L. ZIEB TO APPR0YE AS N'1ENDED THE f'IINUTES OF THE R£8lLM 1'£ETINB OF THE ENGLE\ClOD HDUBINB AUTHORITY BOARD OF CON11SSIONERS HELD 8EPTENIER f!?, Jcnl9. COIWIJB&IONER NJBER KOLTAY SECONDED THE 110TJON. Ay ... ... ysa Abstal!Wda AbHn t v. Burns, Berlin, koltay, Ziev None ne rd n n d 1 red th ~t on I • • • • EHA BOC R~ular Meetint, 10/2!i/89 • • • 8r 1efly discussed was the total number of applications us the waiting list versus the nonduplicate households on thi waittng list since some households are on more than one program 's waiting list. A slight change to the Oc cu pancy Status Report was requested by the Commiss1oners. They would like to see a breakout on the figure of non-duplicate hou seho lds on the waiting list by residents and non residents. The purpose of the change is t o more readily show the C i ty Council exactly how many of our city's citizens are in need of hc•using assistance <without dupl1c ation l. Vice Chairman Berli n asked how many tenant s there were at Orchard Place. The E xecu tive Director stated there were a little over 100 residents. Vice Chair•an Berlin e·plained the reason he -.s asking concerned the Occupancy Status Report and 1nfor111ation concerning the sixty-seven ,-esidents who took part in the bar becue on Septe~er 28, 1989, at Mhtch EHA staff served as cooks. His point was that a ••Jority of the Orchard Place residents took part in this funct1on and to him thts seemed to ind1cate an 1mprovement 1n the relat1ons betwe.n tenants at that buildtng. The Execut1ve Dtrector reported that both "facttons-fro• Orchard Place participated in the barbecue. Counctlman Koltay sa1d he recetved nu .. rous compll~~~ents on thi~ function as Nell. co .. iss&oner Zleg brought up the two unf&ntshed untt s on the .. venth floor of Orchard Place. The poss1b1l1ty of finishing th... un&ts w1th funds fro• the Stmon Center Reserve funds ... discussed. The Executive D1rector stated that HUD requ&red the rent generated fro• the-un1ts go to the low-rent public hous&ng progr... D1scuss1on ensued regard ng the rents generated by th ... un1ts <once finished) being used to ~ncrea.. the revenues of the EHA's Publi c Hou s1ng Progr... Co .. sstoner Zieg stated that the EHA should g t exact f&gure on how much 1t would ta e to comple e th untts at Orchard Place. ort w no ed por t w s on. no I • • • • • • • EHA BOC Regular Meeting 10/25/89 VII. Commissioner · Zieg re~erred to the WAND Property Status Report and stated that the Board had very little knowledge o~ how much has been spent on these units, how much the debt incurred actually was. Executive Director Malinowski stated he would do a report on this. The Executive Director stated that the upcoming issue o~ the ~N!.t~Q.Q.q ~t!.!..l.tQ would carry an article marketing the twc• r .. aining WAND units to be sold, 3320 and 3322 South Pennsylvania St. He alsc• reported that another ~amily who lives in the neighborhood o~ the WAND units and has watched the houses being built have become pre-quali~ied ~or the three-bed l-0 0111 unit <3320 S. Pennsylvania St.). Councilman Koltay stated that City Council has bee n thinking about publishing the ~Qqlt~~~q ~t!.~~tQ every month instead o~ bi -~o nthly, bec ause they have received ~eedbac k that thi s is a sol ution t o communication betwee n Council/City Ha l l and the cit1zens o~ Engl.wood. The D1rector's Narra t ive Rep ort wil l beco~ part o~ these ainutes as Exhibit "A", and attached thereto. A. Revi-and Action on Publ ic Housir1Q Insurance Subsidy. Tha EHA rece1ved insurance subsi di-1n FY '87 and FY' 88 ~roa HUD •1 th no accoapanyli"'Q ACC -nd-nt. The fu nds ... re placed 1nto a separata bank account, and the aoney -• recorded as an Account Payable t o HUD since it w s 1~t clear Mhat ••• to be done w1th the aoney . The Executive Director obtained an opinion fr o • the EHA's l ~~Qa l coun 1 on the ~unds since HUD has d-anded that the PHAs Mho received the insurance subsidy ei ther spend it or send lt back. The EMecut1ve Director qu st onedr 1 • lf HA cashii"'Q the ch • const tuted I"'Q~ or •ut llZii"'Q~ the fund , th r for , at t ng any r turn o~ ? the Money ~und and obl iQ n ACC n t • on fu ~· e l con 1tu I • • - • • • • EHA 80C Regular Meeting 10/2:5/89 4. What uses the money could be put to. ::i. If an ACC amendment wc•uld get into the de~' forgiveness issue and was th1s wo rth 1nvestigat1 be~ore Fort Collins settles its case. EHA's legal counsel, Ja~s F. Wagenlander, issued a legal opinion regarding the HUO insurance money. It was his opinion that cashing the checks constituted "ex pending• or "utilizing• the ~unds. It was his opinion that if the EHA now spent the money for insurance purposes or used it to cover funds used to pay insurance costs, it was possible that HUO might not puruse an ACC A.end~nt or seek the return of the money. He stated, hc•wever, that the EHA should not assume that HUD would take etther of these actions. Counsel stated he could not see the EHA being legally obligated to sign an ACC Amendment w1th HUD if they <EHAJ did use the ~unds. Cc•unsel also suqvested that the EHA consider usir19 the funds and waitir19 to s-what HUD did. If HUD did not take any ~urther action, that wa s good. If HUD should successfully pressure the EHA into returning the money, the EHA c ould use other available non-HUD funds t o pay HUD bac k . In the wor st scenarto , legal counsel could not see HUO betng able to successfully ~orce the Authori t y into stgning an ACC A.end-.nt that contained the questionAble d~t ~orgiveness language. He s tated th is is because no such lar19uage eKtsted 1n the ACC Amendment forms at the ti-. the EHA received th1s money. Leo!} Counsel was also of the opinion, 1n general, that evider• 0 showed (based on HUD actions) that HUD intended to pr o vi.~ the EHA w1th these fund s w thout ever requir1ng the EHA t o s 1 gn an ACC Alllend-nt. The E Kec utive D1 rector asked for a mot1on gtving staff dtrectlon on the use or return of these ~unds. Com•lss1oner Zieg stated th at these po ssi bly be put to use in helping to finish un t s on th .. venth floor of Orchard Place yet not ftnished or be placed nto th a ccoun t to h lp replenish depleted reserves. fund s could o~f th e two that are a s operatlnQ lT WAS MOVED BY SHORT ALL FUNDS Z J G THAT INTO T MOTJ T u u I C IC HOUSI ACCOUNT. ROGER OLTAY Ayes' N•v•• Ab•t lf'ledt Ab ntt Th ltn, u· n 1 t y, .. , 0 ,.,., I • • EHA BOC Regul•r Meeting 10/~/89 • • • B. Discussion And Act1on on Creative Living, Inc. Warranty RepAirs. Lengthy discussion ensued regarding the situation concerning CreAtive Living, Inc., and their refusal to honor the1r wArrAnty on the modular homes they •anu~•ctured ~or the WAND project. The Executive Director detAiled the ef~orts to settle the issue. He stated that the low bidder c•n the co-.pletion of the warrAnty it••~ has been authorized to proceed with the WArrAnty work on 3367 and 3369 South Pearl Street for public relations As well as legal respons1bilities on th• P•rt o~ the EHA. Th• co .. issioners pre .. nt •greed that EHA•s legAl couns.l should b• consulted to seek his Adv1c• on what cour._ of •ction should now be tAken by the EHA. The advantag•s of arbitrating the issue were discussed. Co .. lssioner Zieg StAted th•t he felt th e Executive Director should hAndle this issue At h1s discretion after s .. klng legal coun._l's opinion. In 1 i gh t o.,. th• issues surround i ng the EHAIEHDC • s r•l•tlOnship, co .. isstoner Zieg WAnted this it .. tabled unt11 th• EHA is able to hav• legal counsel pr-..nt to discuss the •att•r. The oth•r co .. iss ioners also agreed th•t th•y wanted All .,.iv• co .. tssioner s pr-..nt At th• -.ung to dtscuss the .. tter o.,. appointing EHDC board ..-.,.. •• D. AMard o.,. Contr-ct .,.or Renov•Uon o.,. EHA Of'fice Building at 3lt60 South &h•r .. n Str .. t. The E•ecuttv• Director stated bids were sought on the work no drAwings prepared .,.or the renovation of the ground .,.loor of the offace bulldtng And th •xterior rk nclud no th• hand icap ra~~~p. A tally sh .. t Nas pr ••nted to th• co .. ••loners deta 1 no the b ds rece ved fo r thl wor • Al.a presented w • th Offlc 8u ldtno Ceptt•l zehon Und •P•ndlt re •• f t , 1 -7- I • • • • • EHA SOC R•gular Meeting 10/2:5/89 It was noted by the E::ecutive Directo r tha t there would be a shortfall in the Office Building Capitalization Fund of app•·oxi mately SlO,OOO. He e >:plained that th'tne was du@ to th• much more e x tens ive remodeling necessang to acco•modate all EHA and Housing D1vi sion Staff at the n•w building, plus provide interv1ew rooms for privacy wh•n interviewing clients o r pc•tent ia l Clients of the EHA. Other i hPms causing the cost of the r•model to be more than originally anticipated we r e the cost of the re~val and replace.ent of the front steps, repair of the front stairs and the fabrication of the wheelchair ramp. The E xecu tive Director stated he had met with Robb Short, R.nAb Supervisor, to deter•ine if there we re ways in which the re~del cost could be reduced by •ao,ooo. Using wood to fabricate the whee lchair ramp rather than st._l was discussed at length. It was decided MOOd MOuld be better than s teel due to the •~pens.. The Execut1ve Director d i d state that the -.intenance upk-.p for wood would be g rea ter than steel on th1s ra~. The cost of per•its are included in the costs presented. Co--issioner 21eg felt he would rather 1ncrease the Office Bu1ldlng Capital1:ation Fund in order to co~lete the work and allow for cont1ngenc1es. The Co-.1ss1oners present concurred. en IT WAS fDJED 8V BRADLEY L. Z IEG THAT THE ENGLEWOOD HOUSING AUTHORITY OFFICE 8UILDIN& CAPITALIZATION FUND BE INCREASED 8V THE AI'IOUNT OF Sl5, 000.00, WITH F\H)S FROI'I THE S I !'tON CENTER RESERVES, IN ORDER TO COfFLETE THE REHOVATION OF THE EHA OFFICE BUILDING AT 3lt60 SOUTH SHERPIAN STREET. ROGER KOL TAV SECONDED THE f.aTION. Aves a Burns, r l1n, oltay, zteo ~v•• None Abstained a None Ab-nta rd n Th Cha1r ,.. d h ed th ton c:a rlecr. ., I I • • • • • EHA BOC Regular Meeting 10/25/89 VIII. IX. It wa s noted that this was slightly h1ghe r than that firm's bid on the tabulation sheet because se>me <~dditic·nal wor k was requlri!d recently by the Building Department to -.et code. E. Setting of Date for Special Meeting on FY '90 Operating Budget. It was decided by the co .. issioners present at this ••eting of thtt EHA Bc•ard of Co11missioners that th• agenda ~or the Special Meeting on the FY '90 Operating Budget would also provide time to meet with EHA's legal counsel and discuss the issues surrounding the Hc·us ing Authority's use of Project-Based Assistance on the WAND rental units, and the Authc•rity•s rel.ationship with the EHDC. Several dates were reco-.vnded and discussed ~or the Special Meeting. November 15 , 1989 was set as the Special Mee~i ng on FY '90 Operating Budget and PBA. The Regular Meeting of the EHA Board C•f Commissioners was reschedulttd ~ro• Dece•ber b to December 13, 1989, in order to acco•modate holid.ay schedules. It was noted that nine ~nths of revenue and expenditure figures were included in the financial report. The Executive Director explalned that revenue figures had b .. n calculated and reconciled for FY '89. Di scussion on the plac ... nt of the Section 8 Existing HAP subsidies received and the HAP dollar a.ounts spent ensued. It was agr.-.cs that these figures should be put at the end of the appropriate r-.,ort. IT WAS f'tOVED BY BRADLEY L. ZIEG TO PRESENT THE EHA STAFF I'EMBERS WtiO PR01PTED THE l.WSOLICITED LETTER OF PRAISE AND THAN<S FRQt1 THE FAI'IILY OF AN DRDiARD PLACE RESIDENT A PLAOUE OR L TTER OF Cllf'W1ENDATION FOR T IR GOOD WORK&. D scuss on ensultd regard ng the letter from the f 111 ly of an Orchard Place res d nt. Th letter w s very co•pl -.ntary of HA sta~f and th an~ed the• for the1r help n gards t o the Orchard la resident. -9 -I • • • • • EHA BOC Regular Meeting 10/2~/89 X. C01111111ssioner Zieg felt that the EHA staff involved should receive letters of commendation or a plaque from the Boa · cc••mending them for their good works as evidenced by t unsolicited lettRr of praise and thanks fl-om this family. Commissioner Zieg asked who the particular EHA staff member was that prompted this letter. The Executive Director stated it was the Occupancy Supervisor, Guy Blasi. Commissioner Zi.g asked who were the persons mentioned in the letter who had helpRd with the walkthrough. The Executive Director did not know but said he would find out. ensued regarding whether it would be more to present the staff with a plaque or a letter Discuss1on appropriate for the1r i.-portant display in personnel file. Co••issioner Zieg felt it was that staff have so .. thing they could place on their offices if they so desired. This .-otion -s never seconded or voted on. A. Co .. issioners• Choice Council Representative Koltay stated that V1v ian Scull, a repr ... ntative fro• BEMBCS has offered t o coordinat• entertain.ent activities at Orchard Place • th little or no charoe to the residents. She has NOrked with L u Anne "ickelson at "•lley Center providi•t• non-duplicative entertain.ent there, and W,e has brother at Orchard Place and thus understands the NOrkings of the tNO factions there. The E"ecutive Director stated he MOuld Qive the na .. of this NOaan to the Occupancy Supervisor, Guy Blasi, to contact for further tnfor .. tlon reoarding the possibility of using her to coordinate entertain.ent a ct1vlti .. at Orchard Place. 8r1efly discussed -s the :5<>lt Panel consisting of lnter .. ted, knowledQeable 1nd viduals Nho have volunt .. red to review all EHA policies and procedure and lea in order to d t r• ne if they co.-ply with the reoulat on ontalned n t on ~ of the R 11 tat on Act of 19?3, •• a d. -1 I • • • • • EHA BOC Regular Meeting 10/25/89 B. D1rector 's Cho1ce IX. IT WAS I'OJED 11EETlNG OF T OCTO R ~. 1 989. Ex ecutive Director Malinowski reported on a meeting he had attended this date at the Colorado Municipal League concerning a dra~t bill ~rom the Interim Committee on Int.rgovernmental A~~airs Hearings. This bill would severely limit the powers o~ housing authorities. Ther• was also discussed its companion bi 11 which wc•uld similar ly limit the pow•rs o~ urban renewal authoriti•s. Th• Ex•cutiv• Director reported that the dra~t bill would probably be rewritten within the ne x t MOnth or two. He also stated that at the ne x t regularly scheduled m.eting o~ the EHA Co•miss ioner s he would ·li k e to pr•s•nt the Co.mi ssi oners with NAHRO 's ~or•al pos ition on th• bill. If the Co .mi ssi oners hav• additional input on this bill a t that t i -., the E x ecu t 1 ve Di r ector s tated h• would t ake the ir thought s to th• CI'L. The E x ecu t i ve Di r e ctor stated that th is bill was prompted , i n part, by the Denver C i t y Co uncil wh o ~e l t tha t the power <to d o so .. of the housi ng p r o J ects that Denver Hous ing Authority wanted to do) s hould r e s t wi t h the C ity Council and not with the Hou s ing Author i t y , and the way to change thi s res ted w i th the S ta te Legislature. D1scuss ion en.ued regarding the ~act that ~ederal law .. t~llshed the authorization progra•• fo r hous l no authori t i.. and s tate law di c tates h o w the housang authori tl.. are structured, Mho is appointed to the boar d o~ c o .. issioners, and it is the state enabl i ng leg la lat ion that has b .. n targeted fo r c hange. ttQilQ ~j PAE HOUSI TATIIJE Cll. T AY TO ADJ~ T AUTHORITY BOAAD OF 1691 · I / I J I ~ • • .:,1 .-~"""-' "'; _,,t, ---;-i:~;-~--------------- r dai"Q • v -··- I • • - I. II. I II. • • • • ENGLEWOOD HOUSING AUTHORIT Y Board o f Commissioners Special Meeting 9 8 -J The Special l'leeting c•f the Englewood Hous i ng ALith or ity Board of Commissioners was called t o o r der at 6:00 p.m. on Wednesday, NoveMber 15 , 1989 , at Simon Ce~t e r, 3333 Sout h Lincc•ln Street, Englewc•o d, Colo rad o , 8011 0 , b y Chai r man Thoma s ~. Burns . ~eMbers P resen t: ~eftlb ers Ab •ent 1 Al so Presen t a Th omas J . Bu rns, Cha1r•an ~. J. Ber l in , V1ce Chairman Roger o 1 tay , Ci t ')l' Counc 11 Rep . Norl we n Nor den , Commtssioner Bradley L . Z1eg, Co•mtsstone o· ~ .... F . Wa g enlander, Esq ., ErlA Legal Counsel Pa ul "-ltnow•kl, EKecuti v e Dtrector "•ry A. Ry an, Record ing Secretary A. Revt ew of Project-Ba..U Aaaastance PrograM wlth J ... s F . Wa genlander, Esq ., EHA Legal Counsel. At t he Regu l ar ting of the EHA Board of Co .. lssioners he l d Octob r ~. 1989 , th Co~tssioners rev ew d the current statu of utiltz ng project-bas d certifacates for the WAND rental un ts. Th s led to al ls.u th t the Co~tssio rs fel hould be by HA legal oun 1, Jae W g n1 nd I • • EHA BOC Special Meeting 11 /1:5/8<? • • • C~airman Burns as ked Mr. Wagenlande r if it was corr~~ that the EHA need not cease appointing membe rs to the EHDC·~ board but the remova l or replacement of membe rs of the EHDC's board should not be done b y t h e EHA. Mr . Wagenl ander answered that was correct. The E xecutive Director said that the way the Selection Policy for the PBA program was now could be v1ewed as ve\-y 1 imi tinQ. L~gal Couns•l f"elt that the EHA should develc•p a new sel•ction policy that would us• criteria and p rocedures that are op•n enc•ugh to insure that Ltni t;; other than EHDC-own•d WAND units hav• an opportunity to b• considerlrd. The Execut1v• Dintctor said that Legal Counsel had sugg•s ted the EHA run the publlc notic• advert:sement two t1mes 1n local n•wspapers to spell out what the ~1n1mum qualifications are and that a list o f other preferences can be obta1ned f"rom the E ~ecut1ve Dlrector. It was th• sugg•st1on of L•gal Counsel that th• E~•cutiv• D1rector •all a copy of the l~Pgal noti&t adv•rtlSlnQ for part1c1pants 1n the Project Bas 1 s Assistance Progra• to known houslnQ-oriente._ non-proftts to s.. 1f they would want o apply. Th1s would d~nstrate that the EHA 1s within th• sp1rit of the law and trylnQ to r• ch ou to oth•r o wners . co .. iss on r Nord•n lnfor .. d th• Board that th• r•Qulat1ons conc•rnlnQ th• one-thousand -doll r m1n1•u~ worth of riPhab cannot be for wco...,tic" purposes, but ~st be for a .. Jor op ratlnQ syst .. or to br1n9 the un t up to Hous "Iii Dual ty Standards CHQS>. She suQQ• ted the proposed revised Select1on ol1cy be •-nd d to re1'erenc• HCiiS. r d n a l.eQal Couns ful dur1nQ d n wetgh w • n y o l y ,.. o 11 cy • r e t o b th h o w h nc> be I • • - • • • • • • EHA BOC Special Meetin~ 11/1~/89 IT WAS MOVED BY COUNCIL REPRESENT~TIVE ROGER tt:OLTA'( TO SELECTION POLICY FOR PROJECT BASED DESIGNATION AS AMENDED. R. J. BERLIN SECONDED THE MOTION. ACCEPT THE COMMI2SIONER Ayes: N011ys: Abstained: Absent: Burns, Berlin, Koltay, No •-den, Zieg None None None The second ite~ Legal Counsel addressed w•s the negotiation betw-n the EHA ao'ld the EHDC of a written option agree .. nt on the sale and transfe r of the WAND untts. Legal Counsel felt it was i~portant that this be done before the EHA begins th e process of selecting untts for 1ts PBA p rogra~. Legal Counsel further reco-ended that th1s neoc•tiatton and wr1tten option agr--nt be done befc•rtt the proposal for PBA is sub••ttttd by the EHDC to the EHA, but not necessarily before the EHA advert1ses the ava1lab1l1ty of PBA. Legal Counsel said it was important th at the EHDC be able to evtdence ownershtp and control over those units and that it was h1s understanding that the EHA had not yet negotiated with the EHDC on whe ther the EHA 1s golnq to sell F.HDC the properttes or whether the EHA •• oo1ng to grant the propert1es. Chair-n Burns asked Legal Counsel 1 f the EHA could wrtte an optton for EHOC to purchase these WAND propertie And then actually select another ent ty to rectttve the PBA and have the EHDC get the properties anyway. Legal Counsel responded that th1s would be the best situation fro• the view of showing tha the EHDC has control. It wa s agreed that the opt on to p rchase by EHDC would not be cont1noent upon the HOC b 100 elected by the EHA to rece1v BA. Leo 1 option c on ai n a d f'or not added nt ttl r v t"t ,.. low-nco .. QU&li'fy lnan no. r 1 w-1 nco th HA I • • • EHA BOC Special Meet1ng 11/15/89 • • • V1c~ Cha1rman Berlin felt that if the EHA makes tf option agreement too conditional, the arm's-length relationship would be rui•1~d. The EHA would still be viewed as he~ving contr;:ol over the EH[;C. Lefi.;.l Counsel stated he could net imagine anyone saying that the r~v~rte1· clause in the deed would evidence cc•ntrcl. Co~mis5ioner 2ieg questioned if the rev~rt~r clause wc•uld b~ too restrictive from the viewpc•\nt of a l~nd~r c•ther than CHAFA. L~gal Counsel stated that if the EHOC did obtain a mc•rtgao~ from a l~ndt!r other than CHAFA to pur~hase th~se units from th~ EHA, and the EHDC defaults on that mortgage, the lender would want to t3ke that property and mar ke t it. If there is a rest r iction stating that the units w111 be used for only low and moderate income hous1ng purposes, the lencer ~lght shy away from placing financing on the property . L9gal Counsel stated that he also felt, thouo~. that the rev~rte r clause does not guarantee t ha t the EHDC could not f1nd other f1nao1c1nc;o for the p rop~rty . Execut1ve D 1r~tor Malinowski stated that he did not feel this would b~ a particular problem because the f1nancino 1s to be from CHAFA under its ~01<c><3> bon~ proor .. , so CHAFA is only financing ~l<c><3>'s a: therefore requiring that the units be low and .oderat i nco.. houa1 ng • D1acussion ensued r1!9ardlng at what a~unt the proper ties would be sold to the EHDC. Will it be granted to the EHDC, sold at fair -.. rket value, or aold for so.e a~unt lesa than fair -~arket value ? co .. lsaioner Zlev asked if by virtue of CHAFA u s ng 501<c><3> bond funds for the aortgage loan to the EHDC, and the 501(c)(3) bonds requ ring their usage be for low to ~derate inco .. houa ng, that the revert r claus would not be necesaary in the deed t ransfer lnQ th propertiea fro• EHA to EHDC. Th tve D rec an r d th t the HOC co ld th ~~~artg Q aft r aeven y ara. Co~ sstoner th HA w nted t o be sure the un ta were us MOd r te nco.. housing beyond that period fel it w s neceasary to leav th r v rt r th •• I • • EHA BOC Special Meettng 11/15/89 • • • Legal Counsel sa1d that if the EHA is co~cerned about twenty c•r t;> l ·-tl year!S from nc•w this prope•-ty be ing lim1ted to low &nd moder~te inccme h ousing purposes, then the EHA lS 90ing to be intere!!ted in a ,-everter- clause . If the Et¢ 1s talking only about short-term, then the EHA's needs will probably be satisfied th rc•ugh CHAFPo f 1 nanct ·"'Q, Council Representattve Koltay asked if these units were being de ·,eloped "for sale in the futu r e by the EHDC. The Execut1ve Ctrector responded that he was not aware o"f this ever be ing d1scussed, but it could certainly be an optiol'l. C0-1Ssioner lllc•rden stated that PBA is good only for th& ter• of the Annual Contributiol'ls Cont rac t, wh tch 1s f ive years u nles s the cont ract i» renewed. L~&l Counsel sa_d that after any restric ted prep&y~ent per~od , the E~ could watve its r1ght to the reverter clau!!e .at that t1.-. Councll Representative ol tay stated 11e would nc•t ,..ant to burden thR EHDC Wtth a re erter cla se containl~Q no t1~ 11-1 s eue to •conom1c changes whtch may occur 1n the future. Com•issioner Zli!Q "felt that he would wa nt the reverter clause for as 1onq as he could ... into the future. He felt that l"f the EHDC came to the EHA 1n the "futur• Ml th a reasonable SUQQestton 1t wa s possible the EHA would, at that t1 .. , consider releas1ng the reverter claus • Nego\1at1on bet n EHA and EHDC for these propert1es s dis~ussed as to who would part clpate. D1scussion •n ued r ;ard ng whether EHA's legal counsel, 31• W.Oenlander, could rttpresent the EHA and the EHDC •1thout a confl1ct o"f inter .. t occurr ng. ~ • Wavenlander stated that if he was reque ted to represent both parties, h uld be requ red to disclose to th HA and EHDC th potent al conflict but •as not unco.-on or uneth cal. I • • • EHA BOC Special Meet1ng 11/15/89 • • • E ~ecut1ve Direc~or Ma :1no~~~1 seated he felt that tthe Board needed tc. reso!ve at th1s meet1ng whether the EHI-I •anted t~ sell the EHDC the p ro pert1es or grant the EHDC the properties. Chairman B~rns sa10 that the EHA had a great deal of debt incurred t o obtain these properties, and he ~as concerned how the EHA would transfer the properties to EHDC without having soMe kind of mc•rtgage on them. He felt the EHA was not in a ' financ i al position to grant the propert1es, CcHIImissioner Zie~ said the EHA could just "eat" the debt, ~ut he felt strong y that a~ income stre~m could be developed 1n order for the EHDC to get appropriate f1nancinQ fro111 CHAFA. Thus the EHA cc•uld set an appropriate sale price for the units based on the amount of 1110rtgage ava1l ble fro• CHAFA. The E ·:ecutive D1rector sugges ed that the sale pr1ce be the loan balrnce on these un 1~s, so that when the EHDC rece1ves their f1nanc1nq, that ~uld release the certif1cate of depo s:t whl C, 15 no ~ colla teral1=1ng the WAND l o an at F1rst Int arstat Ban~. Mr . Wagenlander as~ed w t he value of the l o an was p r esently. he E xecu tive D1 rector responded that 1t was fa:r Market value because 1t ~as based on sale pr1 c e when the p roper t1e s ~re purc,ased and the allocated p r ice of each propertv (11 o>arce :s >. Co-.1ss1oner Norden as ed 1f fa1 r .. rket rent would .. e the units cash flo~. The E wecut1ve D1rector said that var1ous scenar os had b .. n done and the HA has co-.ltted to putting tn whatever nco .. 1s necessary to .. e the proJec t cash fl o ~. He stated th • ~as done by .-chon a th Janua y 1.,.,, ... unc;a of the EHA 8oard. that he had not b pledQ on behalf of th needed to be lo o ~ t he I • • EHA BOC Special Mee ~1n g 11/1S/8q • • • Discussion ensue ~ regard1ng the three WAND un1t3 cf the eleven prev1c~sly quit -cl~l m deeded to the EHDC b y the EH~. The E x ecuti v e D1ractcr stated that in effec t there were three pr o pe~ties gifted to t~e EHDC. Discussio ~ centered around how the EHA could financially Make up for these properties th.;..t were gifted tc-the EHDC. The E ::ec u ti v e Directc•r sta ted that the amount of the loan at FIB was based on the pl-ice c•f all 11 units p ur chased in December, 1987 . Commiss i oner L1RQ stated that the sale p r ice could be red uced t o ma ~e the mortg age payments workab l e f or the EHDC withc•ut any additional c o mm i tment of fund s by t he EHA. Mr. Wagenl ande r sa1d that a possible so l ut1on to the cc•ntrol issue was the reduction c•f the sale price t o EHD C for these propert1es thu s eltmtnating the need fc.r the on9oing cc•ntr l butic,, tc• the EHDC b y the EHA. The proper t 1 es "'OU 1 d then SL•ppo r t thel'lse i ve: "11 th the 1 r c;,wr, i ncome; and even thcoL•Qh t he EHA wou 1 d g 1 ·e u some 11t0ney in the short te~m. 1n the lon9 term tt-,e EHA would hcopefully save money by 1e.t m I 1n g the contr1butions. The E ::ecu t 1 ve D1 rector as' ed what 1 f the mor tgaqe amount from CHAFA was less than the EHA's loan balance <whlch it probably would bel ? The Board concurred hat the EHA would ab~orb th e loss . LeQal Counsel warneo that C~A 's acceptance of the EHA contribut l nQ t o the EHDC 1n order t o •a e the WAND ren tal un1ts cash flow and CHAFA 's subs quent s 1pulation that f1r .. co-1 t nt c·f the mortQac; funds r utred that CHAFA beco a CO S 1Q r on the c llateral1z ng CD 1ntertw1ned the EHA wtth the EHDC so .uch that HUD •lQht have l&Qttt .. te obJ t1on to the EHDC und r tho-ter-partlc pattnQ tn t e PSA proor._. atr .. sed tha th EHA would w nt to aat&sfy anybody looktno at thi • tuat on th• ther• w • n ra 's-length relettonshtp bet n t • EHA and t EHOC. -7- I . EHA BOC Special Meeting 11/15/89 • • • DlSCLISsic•n ensued rega•-ding deed1ng the th l-ee IJA , units quit-claim deeded earlier f rom t~e EHA to the EHDC bac l~ to the EHA. The reasc·n f cq-th~s was because whe,, the three units werE o r igina lly deeded tc• the EHDC, ther e was no sale price attached to the un1ts. If EHDC deeds the units back to the EHA, then the EHA can deed the units back to the EHOC w1th a sale price attached. The Execut1ve Director stated that he would meet with the Vice Pres i dent cf the EHDC, Thomas A. Di nkel, the ne x t day and br oach the idea c•f neg ociatic•ns between the EHA and EHDC on the WAND properties. Brad Zieg volunteerltd t o be a member of the negotiati o n tea.11. Discussion ensu~td r~tgarding the EHOC Bylaws which now state the EHA has the abilit., to remove EHOC Board M~tmbers. It "'AS agreed by all Commissioners present th at t he EHA no longer has any in terest in hav ing the authority to r.-ove EHDC Board Member s . ~11 Co~miss1oner > pres~tnt at th is meet1ng agreed they wanted to as~ the EHDC Board t o loo at t~eir By laws w1th an a.-nd-.nt in m1nd that would r~tmove that author~ty fro-. the EHA and place that aut h o.-ity wi th the EHDC Board. .., tab Legal Coun .. l broached the subJ .ct of the ENn considering g rAntlnQ or loaning add1tional aoney to the EHDC to co~lete the rehabbing of the WAND units which would not be taken care of by the CHAFA l oan or through the CD~ Progr... It wa s Couns~tl's opinion t ha t a grant would be the best .. thod to use if th• EHA wishes t o •inl•ize concerns over control. Couns~tl was also of the op1nlon that 1t would be pow•ible to dr aft a convent1onal loan agr .... nt that would not give the EHA undue con t rol over the EHDC. Coun•el felt it wa s very i~ort n 1f conventional loan agr .... nt w s u sed , that lt b through a wr1tten agreement w th ,. 1"1 wh1ch would be rout1ne and appropr ate -a- Coun• 1 stat d that th EH~ roor •• bu th• lo ns •r• •• d concern ov r t • n and ~n th n •t t d •vld b \ w 'I to th WAN D I • • - • EHA BOC Special Meeting 11/1~/89 • • • Execut1v~ Dlo-ector Malinc•wski stated that acccording to the City's Community Development Directc•r, the F\ehab Loan Program was set up that way in the 1970s becaus• the City o~ Englewood could not lend money t o t~ird part1es. The CD Director asked the Executive D1 r ector of the EHA to write a memo to him requesting a new legal opinion c•n whether or nc•t the notes shOL\ld be in the '"lame o~ the EHA c•r the City of Eng l ewc•c•d. The E x ecutive D1rector recently did that, but has not r eceived a response. Commissioner Norden as ed about two membe,-s of the Rehab Loan Coll,.ittee also serving on the EHDC Bc·ard. The Execut1ve Director felt that .is•ue was taken care of at thE EHA Board Meeting held August 3 0 , 1989, whe r eby a separate Rehab Loan Comm1ttee w~s d es1 gnated tc· hilndle EHDC Rl!hab Loa n s using me111b trr s wh o a re r.o t on t .,e EHDC Bo r d. The E :I!C u tl v l! Direc t or rec l ll!d tha t at t he J anuar y 2 ~, 1989, EHA Board Meet1ng a comm 1tme nt was ma d e b y the EHA Board t o cover any def1c1t in Rehab c osts on t he WAND un1t s 1n the event CDBG ~und s ~or t h 1 s p ur p ose were i n suff1c1ent. The EHP Board further c o mm1tt~ at th January 25, 1989 .. eting t o ~u nd t ~e t o t al r ehab c o s ts in an a.aunt not t o e x ceed 52 ~0,0 00 o n the WAND r ental units 1n the e v ent no CDBG ~u nd s h a d b een -arded. Execut1ve apparent! y ..... when th HA zero -perc ent, EHA alw '" . . CHAFA. th th a t t h ere the EHDC ney at a wha the I • • EHA BOC Special Meeting 11/l=:i/89 • • • Legal Counsel asked if it was tMe ~eeling of the E~ Board to go with the deferred repayment o~ the loan to the EHOC. Comm1Ss1oner Z1eg stated he felt that this type of loan would have very few elements of control and also had a history with the EHA. E x ecutive Director Malinowski stated that this would actually be decided by the Rel:ab Lc•an Committee which reviews loan cc•nditic•ns under the Hous i ng Rehab Prog l-am. Chairman Burns asked what the EHA could do differently i~ th~ decision was made to nc•t loan the EHDC the rehab funds. E~ecut1ve Dlrecto r Malinowski stated the specifications on the rehab work could be rewl-itten to do less rehab work, or the EHDC could loo k for another source of funding, e.g. the McCauley Foundation and as~ for the additional amount. Commissioner Zieg stated he had no objection at this t i me to reversing the EHA's posit !on on the loan funding issue . Legal Counsel asked how much the rehab loans we re needed. The En ecut1ve ~irector answered that about S 60,000 above he CDBG •~·unt was n.eded o bring the units up o at least m1n1mum hous1ng qual1ty standards. Cha1r~an Burns stated t had al wa ys been the EHA's position to do a very good Job on rehab work and that the EHA Board would not f-1 comforta.ble with d o 1 ng a semi-complete JOb because fund1ng fell short tha wa s not tt s tandard the EHA adhered to. The E~ecut1ve D1rector sugg sted that the EHA could •• e the loan t o the EHOC contingent upon the EHDC applylng to at least two other sources for the funds f r•t, th s •• tng the EHA the lend r of last re•or . The co .. ss1oners pr nt felt th1s wa s a good 1d a and would always eep the relat on•hlp mor an arm•s 1 noth. -· - I . • • • EHA BOC Special Meeting 11/!5/89 r:!QI!.Q~ IT WAS MOVED BY COMMISSIONER BRADLEY L. ZIEG TO AMEND THE TWO MOTIONS PASSED AT THE JANUARY 2~, 1989, REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS WHICH STATE: MOVED BY COMMISSIONER NORDEN TO SEEK COMMUNITY DEVELOPMENT BLOC K GRANT FUNDS FOR THE REHAB OF WAND RENTAL UNITS; AND IN THE EVENT CDBG IS INSUFFICIEI'JT TO COVER ALL REHAB COSTS FOR THE WAND RENT~L UNITS, THE EHA WILL COMMIT TO FUNDING THE BALANCE IN AN AMOUNT NOT TO EXCEED 5250,000. SECONDED BY VICE CHAIRMAN BERLIN " AND " .•• MOVED BY VICE CHAIRMAN BERLIN THAT IF NO COMMUNITY DEVELOPMENT BLOC K GRANT FUNDS ARE AWARDED FOR REHAB OF WAND RENTAL UNITS, THE EHA WILL COMMIT TO FUNDING OF THE TOTAL REHAB COSTS IN AN AMOUNT NOT TO EXCEED 5250,000. SECONDED BY COMMISSIONER NORDEN.~ TO SUGGEST TO THE ENGLEWOOD HOUSING DEVELOPMENT CORPORA TIO N THAT THEY SEE' FUNDING FROM TWO DI~FERENT SOURCES FIRST BEFORE THE EHA WILL CONSIDER LOANING THEM THE ADDITIONAL FUNDS NECESSARY TO COMPLETE THE REHAB WORK ON THE WAND RENTAL UNITS. CO MMISSIONER NC~LEEN NORDEN SECONDED THE MOTION. Ayes a ~ysa Abstainech '\bsent 1 Burns, Berlin, Kolt•y, Norden, Zieg None None None Execut1ve Director Maltnows 1 stAted • by-product o~ th1s ~t1on would be a delay in the t1-1n9 of do nQ t h rehab wor~ on the WAND rental units. He stated that the Colorado Div1s1on of Hous1ng would also be a potent al source o~ the ~unds. Darecto recapped for th -ll - I • • • • • • EHA BOC Special Meet1ng 11/15/89 The E ~ecut1ve D1recto r then asked the Comm1ssioners 1 there was a consensus thct the EHA ask the EHDC \ change the1 r Bylaws to reflect that on l y the EHDC will remc•ve its members; and that the EHA be absolved of tho<ot power. !:!.QI!.Q~ IT WAS MOVED BY COMMISSIONER BRADLEY L. ZIEG THAT THE ENGLEWOOD HOUSING AUTHORITY ASK THE EHDC TO AMEND THEIR BYLAWS TO REFLECT THAT THE ENGLEWOOD HOUSING AUTHORITY WILL NOT HAVE THE POWER TO REMOVE EHDC BOARD MEMBERS. COMMISSIONER NORLEEN NORDEN SECONDED THE MOTION. Ayes: Nays: Abstain.cl1 Absent: Burns, Berl in , Koltay , Norden, Z1eg None None None The E x ecut1ve 01r•ctor stated that the ne x t question needing resolut1on was the matter of d1ssolution of EHDC assets. He stated that the First Amendment t o the Art1cles o~ lnc o rporat on o~ the EHDC, wh1ch EHDC pas .. d on Apr1l 29, 1987, changed the method o~ dissolut on o~ the corpo ration. A.ended Article X o~ the EHDC Articles of Incorporation •tates: a~ter the payment o~ all debts and obl1ga ions of th Corporation (the assets) shall be d1stributed e xc lus1vely to the Englewood Hous1ng Author1ty•. The E x ecutive Director stated he ant c1pated at so-. po n HUD or so-.one •t.. qu•s t1on .ng th1s •• be ween the EHA and EHDC. He added that th or1g1nal Articles of Incorporat1 o n stated that th disso lved ass t s had t o go to anoth r 50l(c)(3) or;anlzat on Wh c uld u se the asse t s for the pur p oses . He su;g•sted th the dis olution of a s t s sh uld ddr • th• purpo f or wh ch the as et shou ld be u d ra t h than th spec f1c g y lch ld r th ••••ts. C un e on r rd po n t w • '" th e r hat y ch nc;: h d and ch ng H. -1 - I • • c • • • EHA BOC Spectal Meeting 11/15/89 IT WAS MOVED BY COt1MISSIONER BRA[ILEY L. Z!EG TO AS I< THE EHDC TO TAKE A LOOK AT AMENDED ARTICLE X OF THEIR AR T ICLES OF INCORPORA T ION FOR THE PURPOSES OF AMENDING IT SO AS TO REMOVE ANY QUESTIONS OF CONTROL BY THE EHA. VICE CHAIRM~N R. J. BERLIN SECONDED THE MOTION. Ayes: Nays: Abstained: Abturnt: Burns, Berlin, Koltay, Norden, Z1eg None None None The Executive Direc tor asked ~or another motion reoarding the Management Agree~ent betwe9n the EHA and EHDC. He stated ne had received two comments ~rom HUD regard1ng thi s agreement. One comment is that the term c·~ the agreement is ~or two years, and by regulation it •ay be ~or only one year. The second comment was that by regulation the ~anage~ent ~ee au£t be a ~i x ed ~ee not a percentage o~ gross receipts collected . He also stated that Legal Counsel had pointed out that any net pro ceeds should be returned to the EHDC whereas the current "anage.ent Aqre~nt states this sec ti on <Sect1on 4.3) 1s r~t appl1cable. IT WAS PCJVED BV C0911SSIONER BRADLEY L. ZIEG TO ...ODIFY THE "ANAGEJ1ENT AGAEEI'ENT TWEEN THE EHA AND THE EHDC TO f1AKE THE CURR NT CONTRACT A ONE -YEAR T~. IT WAS FURTHER rtOVED TO SET THE REMUNE ATION RATE AT •30. 00 PER I'IOHTH PER UN IT. IT WAS FURTHER I'IJVED TO ALTER T NET PROCEEDS PROVISION OF T CONTRACT 60 THAT THE NET PROCEEDS OF THE RENTS COLLECTED DISTRIBUTED TO THE EHDC ON A 110NTHLV BASIS. VICE CHAIRf'IAN R. J. l.IERLIN CONDED THE f'tOTJON. Av••• NayS I Abstal.rnrda fit I urns, Berl1n, oltay, None ne n rd n, z eo Th Chai n d l•red th ~t on carr1ed. Disc:u•• on k cu '" C un l Oa uld -l - r ard "'O th " lanowsk •t• p ny l 1 d c:u Cl u d L Q ry. I • • • • • EHA BOC Spec i a 1 Meet i ·,,g 11/15/89 Commissioner Zieg ~sked ~or speci~1c di r ection from tt Beoard reoarding the negc•tiatic•ns. Chairman Bur ;;~,... stated th@ reverter clause should contain language that the heousing is teo be used ~or low and moderate incc•me persons, and i~ the EHDC does not use the housing ~o r this purpose the un1ts revert teo the EHA. ~QI!.Qf!:! IT WAS MOVED BY COMMISSIONER BRADLEY L. ZIEG THAT THE ENGLEWOOD HOUSING AUTHORITY ENTER INTO NEGOTIATIONS WITH THE EHDC FOR THE PURPOSE OF OBTAINING THE REVERTER CLAUSE IN THE DEED WHICH WOULD CAUSE THE PROPERTIES TO REVERT TO THE EHA IF EVER NOT USED FOR LOW AND MODERATE INCOME HOUSING PURPOSES. COUNCIL REPRESENTATIVE KOLTAY SECONDED THE MOTION. Ay•s: Nays: Abstained: Absent: Burns, Ber lin, Koltay, Norden, Zieg None None None 8. RevieN And adopt1on of FY Budoet. 1990 consol1dated AQenc(v• • on The E~ecut1ve D1 rector oave a br1ef overv1ew o ~ Nhat the CO..issloners rec•lved n th•1r budQet pac ket a ll.Y.au::l!l 2.! {!i~Ltllt'X! • The E~ecut ve D1rector •~plalned that thls is a .. 1~-standlno d cu .. nt that .,.. developed by the enttr• etaff as a concep tual f r...-ork fo th• a9 ncy•e •ntrance into the 1990'•· ro d voals -.re .. tabllshed f or the staff and av•ncy w1th no t ta .. tabl... Althou9h thi s d cu nt ~ s not a part of the 1990 budget, l helped g ve t h 1990 ~rk plan and budget f1gurea a fra of r•~•r nc • -t - I • • 0( EHA BOC Speci~l Meeting 11/1~/89 • • • The M1s sion Statement ~f the Engle~o a d H~u s1ng Authority was d1scussed as tc• the fact t~at one did not exist. The Executive Directc•r stated the EHA n-ded one which stated tt;E main ;:~urpc•se for the existence of the EHA. He stated he wo ul d like to see the Board develop one. The Executive Director dis cussed the Wo rk Plan regarding the Occupancy Division as to an identified goal to iMprove the level of satisfaction of the EHDC with the reporting the EHA does on EHDC properties as its Management AQent. He stated the EHA recognizes that they need t o provide much better reporting to the EHDC. The goal of the EHA to i~rove internal controls wa s discussed. The developMent of a written policies and procedures manual by the end of FY '90 was d1scussed. The E x ecutive Director stated another goal of hls for 1990 was the collection of relevant data and informat1on on the EHA, i.e., to develop a detailed data base of the Author1ty's programs and cl1ents. Co.-1ss1oner Z .; agreed w1th the Executive D1rector that t h e developMent of a data base on the EHA MAS a worthy goal. Better c sh .. nag ... nt of EHA funds was a goal .. ntioned and diacussed by the E x ecut1ve Director, 1n pa r t&cular the lnvest .. nt of reser e funds. The )(IIC t 1.-pl ... ntlng ob)ectl s enc:ou,.aged plan • ve D rect o ,. stated he would be a calenda,. to .anito the goals and outl ned 1n the Plan. He the toe.lwwlonera to review these wor ,.. th UdQ c:r it r a -· - I • • EHA BOC Special Meeting 11/15/89 • • • • !.!!11-lt.!t£! 1;2.~t a!!.Q.£!.H.Q.!! t:!.!.!!= This is a document .. in the f'c·rm of' A resolution the~t sets forth methods f'or allocat1ng indirect costs as defined in the resolution. This Pl•n is generally reql.lirll!d of' at;;encies ad•inistering more thAn one fiPderal hAs never been put in writing in Eng lt~wood. grant yet The Executive Director gave a brief explanation of indirect cost allocation stating that whenever an expense is attributAble to two or more EHA progra•s, there must be a method of allocating the Appropriate cost for such &x pense to the program. This plan details how such costs as employee SAlaries, trAvel and training, office supplies, telephone expenses, legal costs, etc. for all programs are Allocated. The Executive Director e ·<plained that since there had never b .. n an indirect cost allocation plan written for the agency, this doc u men was a pioneer. It should be equitable, reasonable, and affordAble. He stated thAt HUD hAd no set way thAt costs should be allocated, but OMB hAs a circular which addresses indirect costs but doe• not dtctAte how it should be done. n .. The E xecutive Dtrector pointed out that the Resolution stipulAted thAt the proportion cited therein shall be rev i--.e~ each tt .. the egency • s bUdQet ia revised, new progre.. are edded, or units ere added or deleted within An existing provr ... The Cheir .. n suggested a f'-•inor word chenves Nhtch did not chenge the .. aning of' the resolution but deleted unnecessary word s . ~jr A su .. a r y s h t o f' ell p rog r m line ite-f'o r qu c coMpa r aon . -16 - I • • ( EHA BOC Special Meeting 11/15/89 • • • ... Commissioner ~ie~ quest1oned the conscl1dated budget concerninQ "total revenue" and "cash flc•w". E :<e•=utive D1rector Malinc•wski e ::plair1ed that the "cash flow" figures below the line were other e x pe"ditures but not e x penses, and the other cash in was nc·t technically revenu• or income, but fund transfers. He e :{plained t:"l•t the net operati119 income is revenue minus e x penses. He furthl!r e :{pla i ned that on HAP payments from HUD on Section 8 E x isting Cert i ficates and Vo uchers, the EHA acted c•nly •s a '"pass -thrc•ugh" on these fund s , that they were not actu•lly revenLie tc• the EHA. However, since the EHA is the c•wne r-c·f Simc•n Cente r , the HAP payment for tha t pr o Ject wa s actually revenue. At tac hment 2, the Salary Schedule for EHA employees was d1 scussed. The E xecu t ive Di r ecto r informed the Comm1ssioners th a t two currently-v•cant pos1t1ons will not be filled in FY '90. The p osi t1 on of part-time houstng specialist w1 ll not be f1lled for f1~anc1•l constdl!rat~ons . •nd the th1 rd Ma1 ntenanc• ~or~er pos1t1on w1l l be ta en care of by c o nt r c 1ng out the wor thi s position wou l d have performed. The •mounts 5hown for EHA e~loyees• salar1es are he current sa l aries pa1d to each indivldual plu s the an~1c1pated s t ep 1ncreases for appl1cable employees pl us an ant1cipated cost of liv inq increase up t o three p ercen t. lnd -~l~~-l E~~Q~~ -~t!~a These d ocu .. nts g1ve an expanded ••ount of 1nformat1on over th e consol 1dated au .. ary .n .. t. The Kecu tl D1rec t or e xpl a1ned th at • ch l1ne t .. shown f or the nd1v1dual prog r m budgets -.s exactly the sa .. as sh wn on the consolidat ed b udge t but w1th ~re infor .. on, includtng t he FY '90 udge t figure, FY"89 budg t fagures for comparison urposes , th Sept ~er 30 , 1 989, actu 1 r c•iv d or 5pent f1gures, nd pro ected O.c..Cer 31, 1989 f gur s. I • • • • • EHA BOC Special Meeting 11/1:5/89 NOTE: Commissioner Norden left the Special Meet ing of Engl.woc•d Housing Authority Board of Commissioners Nov~ber 15, 1989, at 9:00 p.m. Public Housing was discussed as to ways tc• bc•lster the dw i ndling reserve. The E x ecutive Di rector stated he had determined tha ~ the r eserves would be at about two percent at the end of FY '90, and he s tated the EHA needs to seJ-ic•usly loo k at options to rebuild this reserve . The E xecutive DlrRCtor explained that one of the reasons Public Housing was in a minus situation on operat1ng reserves fc•r FY '90 is because fifty-seven unit s t~•t have not been repainted in seven years plus hallways and r~sident lounges need t o be repain ted. Thi s work would put the p ro~~am at a seriously low level of operating reserves. Options discussed were: 1. E ::plore dev•lop••nt funds <e.g., reimbursement for the 1tlastom•r1c pa1nt appl1ed to the north side of Orchard Place). 2. Explore .. _ergency ClAP <Co~~~preh1tns1ve Illlprove-nt and Ass1stanc• Program>" funds. 3. E :·pl o r • be used th• ACCl. ClAP <•ore of a ~d•rni:ation progra• to only one t11111t in th• forty-year period r lt 5. R~uest operating aubsidy. The E xecutive D rector stated he was a little reticent t use this becau-of the vo l u-of paper wor requ red loth en a PHA receives an operat ng subsidy. This would also •ean that the EHA would have t o agr .. to ••intain the ter•s of its ACC for an additional ten years e1th r beyond the last yea r th HA would recelv ng su ldy or the fort eth y ar of th v• ,.., c:h ver c o ft •t. 6. 7. .,, -· I • • • • • Special Meetinc; 11/15/89 lT WA ~. AD v nedt 1•). ~dd two un1ts to the sev9nth floor of Orchard Place with Simon Center funds. It was detet-mined that a cost analysis should be done to find o•..tt how much the addition of the two units would cc•st v••-sus how much income would be realized from the•. 11. Insurance opinion, projected It is not 1990. subsidy (per Legal Counsel's l~gal these funds were reflected in the revenues for Public Housing in FY '89). known if HUD will fund such a subsidy in 12. Outright Simon Center donation. The Execut1ve Director briefly pointed out that he had added in to FY '90 expenses a contract with Stephen Stranger as consulting accountant to act as a chec k -and-balance system v1a phor.e modem rev1ewing the EHA 's financial work. Oi~tcussion •nsued regard1ng showing •~pense on the EHA's office building. D1rector s tated he would check with accountant on this •atter. depreciation The Executive th• consulting Also pr .. •nted and discussed brl•fly was an attach .. nt d•tail inQ th• EHA's insuranc• cov•r•g•. !~l~tt~~· A proposed r•solution adoptinQ th• ag•ncy FY 1~0 consolidated budg•t attach•d for r•view and aubsequ•nt adoption. Th• E~ecutiv• Director br1•1'ly •xplained th• EHA's r• .. rv• accountaa h• pr•••nted an analy ia of the r•s•rv• , Nh r• th EHA was at th• •nd of FY '88 in ••ch progra•, a proJection of how •uch th• r•s•rv•s will ncre • or d•cr•••• in FV '99a and wher th • •r• proj ted to b by th• nd of FV '90 . M Q Q OL TAV TO ADOP T CT COST ALI.OCA lan, ltay, 1 Q -t - I • • - EHA BOC Spec :~l Meeting 11 /15 /89 IT WAS MOVED BY ROSE~ APPROVING THE ENGLEWOOD FOR FISCAL YEAR ENDING SECONDED THE MOTION. • • • 11QI!.Q~ ~:OL TAY TO PASS RESCILUT I GN NO . 10, SERIES OF 1 989, HOUSING AUTHORITY CONSOLIDATED OPERATING BUDGET DECEMBER 31 , 1990. VICE CHAIRMAN R. J. BERLIN Ay•w: Nays: Burns, Berlin, Koltay, Zieg Non• Ab wta i n•d: Non• Abs•ntr Nord•n Th• Chairman declar•d the motion carried. Chatr .. n Tho .. • 3. Burns stat•d that th• E x•cutiv• Director was to be congratulat•d on th• tr~ndous, thorough job done on th• Authority's budg•t ~or FY '90. Th• E xecutiv• Di r ector stated tha t he had received • gr•at d•al o~ support and h•lp ~ro• all EHA sta~~ i n comp i l i ng the b u dg et ~o r th• upco•ing ~t w cal y•ar. IV. 11QllQ~ IT WAS ..aYED BY COUNCIL REPRESENTATIVE ROBER KDLTAY TO AD30URN THE SPECIAL f£ETIN& OF THE IENBLEWOOO HOUSING AUTHORITY BOAAD OF CO..ISSIONERS HELD N0YEN1ER 1:5, 1989. I • • • • • @ Englewood Public Library 3400 S £1•1 1 S l , £ng1 •..,ood , CO 80110 (303-76 1-4 37 ) IIINOTBS En9levooct Public Library Board January 9, 1990 The reqular .. eting o the EnC)levoocS Public Library Board waa called to order at 7:30 p.a. by Chairaan Al Quaintance. PRESENT: Al Quaintance, John Petenon, Larilyn Aahlock, Mary Dounay, VirC)inia Johnaon, Joe Rathburn, Bev Siaon, Dorothy Totton REGRZ'l'S: John Gray ALSO PRUDIT: Sharon Winkle, Director of Library and Jtecreation servioea, Alex Rabenicbt, City Council hpraHntative to the Board, Donna GottberC), ltecordinC) secretary Roll call waa taken and a quorua declared preHnt. Thera vera no acbeduled or un.cbeduled viaiton. Cbair.an Quaintance turned the ... tinq over to Director Winkle for the Director•• Report. Director Winkle aaked the loerd to review the 2 draft copiea of •PlanninC) for the Putura. • Copt .. wen diatrib\ated to thoae who did not have their copy fro. the laet ... tinq. Poraat vaa diacuaaed at the o.c..ber ... u,. and 11a. Winkle aaked to accept or ChenC)e •• needed the content or the brocbura. -.niOif 90-1: That the loerd approv .. the toraat and content of • P ann ng tor the rutura• brocaura, to be printed on er••• paper with 9reen print. Jloved by: Larilyn Aahlock leconded by: Joe bthburn ariaf diacuaaion followed. llotion carried. D~~r '• Choice D rectOr ilftJile vantect to upclete loerd l'ef&rdinq the action at the Decaber ... u.,., r.c~...,ldint t\anda fro. the 9 c I . • • • • • Board be uaed to purchaae "book• on tape" ($500.00) for the Library. She haa requeated an opinion froa the City Attorney. City Manager Fraaer wanta to diacuaa this with Council before making a deciaion. It waa auggeated that a letter be drafted to Mayor Van Dyke atating how the Board feela on thia aubject. A letter will be drafted for the review and aignature of the Board Chairman. Director Winkle diatributed a liat froa Nancy Bunker, "1989 a Local Hiatory in Review." Incoae Tax Referral handout• were diatributed to thoae present aa inforaation that ia available for the public at the Main Library. The Library will alao have available for the public Incoae Tax foraa 1040 Federal and State. There will be no VIP aervice thia year, but we will bave the VITA prograa. This VITA aervice ia adainiatered by the IRS. The Library will refer patron• to other placea offering incoae tax fora• and aaaiatance. Thia reference aervice proved to be very helpful laat year. The White Houae Conference on Librariea ia coaing up in 1991. Delegations will be for.ed before thia begin• with Governor'• Conference (be9inning october 8, 1990). There will be regional conference• throughout the atate all thi• year. Director Winkle atated aha would paaa along inforaation aa it becoaea available. With the vacancy created by Hank Long'• leaving Me. Winkle haa coapiled a job deacription of a new poaition with reaponaibility for operations of the entire Library. Copiea of the deacription were diatributed and brief diacuaaion followed. Thia deacription haa been preliainarily approved by the z.ployee Relation• Diviaion. She want• to finaliae it by thia Friday, Jan. 12. Director Winkle aake the Board to review and give her a call with any aajor coaaenta or change• they f .. l naceaaary. 'l'be poaition will then be claaaified and the recruiting proceaa will begin after approval by City Manager and a personnel requiaition ia initiated. Diacuaaion followed. Thia new foraat of the job deacription waa reca..ended by the Adainiatrative service• Departaent. Director Winkle diatributed oopi .. of a lookaobile flier alerting the children of the area to a drawing conteat. Director Winkle ahared a picture that will be published in the "American Librariea• along with a brief au.aary of the Library'• Open HouH and T-ahirt progr-. Joan Hinkelteyer got in touch wlth the aagaaine and wanted Penny ~ and Blaine Lay to receive recognition for all their work and good ideaa. Chairaan' • Report kr. Quaintance read a Reaolution regarding Year of the Truatee. (attached) That the ~rd approve• the Raaolution regard i ng e Year o the Truatee• u pre .. nted. Moved by 1 John Peteraon I • Seconded by: Mary Dounay Motion carried. • • • The Board wiahed Joe Rathburn a happy 70th birthday on January 10. Meaera' Choice Bev sl.an Chooaea not to reapply for another tara on the Board. She baa enjoyed her ti-here and baa aerved a total of 18 years. The Board thanked Bev for her dedication to the Board and wiahes her .uch aucceaa with the Riatorical Society. Bev aentioned that the Society will aeet on Thursday evening and will preaent a fila, •A Good Place to Croaa the River.• The Society nov baa 75 aeabera. Larilyn Ashlock baa aent a letter to the Mayor aakinq that abe be reappointed to a full tara. She filled an unexpired tara to 2-1-10. Interviews for all Boarda will be held January 29. John Peteraon told of hia recent trip to Taiwan for 6 veeka. Alex Habenicht told the Board that citiaena are needed to apply for appointaent to all Boarda and aaked th.. to aend out the word. Chairaan Quaintance called for noainationa for Chairaan for 1990. Virvinia Johnson noainated John Peterson. t0-3 IIOTIOIIr That the noainationa for Chairaan be cloeed. Movies biz Joe Rathburn Seconded by z Mary Dounay Motion carried. John Peterson waa elected Cbairaan for ltto by acclaaation. Chairaan Quaintance called for noainationa for Vioe-Cbairaan for ltto. Virvinia Johnaon naainated L&rilyn Ashlock. to-• IIOTIOII: c10Ha. That the naainationa for Vice-Cbairaan for 1990 be Moved byr Mary Dounay Seconded byz Joe Rathburn Motion carried. Larilyn Ashlock waa elected Vioe-ebairaan tor ltto by acc laaation. There were no co.aitt There waa no diacueaion on the De4i)811Mr ltlt ltatiati 1 bport diatributed to tba rd . I • • Seconded by: Joe Rathburn Motion carried. -..tin; adjourned at la43 p.a. 1-11-tO dcJ • • • I . . • • • ENGLEWOOD PUBLIC LIBRARY BOARD RESOLUTION WHEREAS, aeabers of public library Boards are the eovernin& and advisory bodies to public libraries in Colorado; and WHEREAS, ~bers of these library boards contribute uncounted hours of volunteer tiae; and WHEREAS, the ~erican Library Association and the Colorado Library Association have declared 1990 to be the Year of the Library Trustee; NOW 11CEREFORE, be it resolved that the Board of the Enalewood Public Library supports the 1990 Year of the Library Trustee, I • • -• • • ~ Engle wood Public Library 3400 S £1•11 Sl , Enq .. wood , CO 801 1 0 (303-761 -43 76) CIRCULATION Central Library (incl. in-house) BooU.Obile In-house DAYS OF SERVICE (Main) (8104) AVERAGE DAILY CIRCULATIO , (Main) (8104) TRAFFIC COUNT (Main) (8104) 1ft I Selected Statistics Dece•ber -1989 18,018 (15,742)* 5,833 ( 4,902) 2 ,948 ( ) TOTAL: 20,903 (20,644) 28 24) 22 ) 538 826) 265 ) 16,410 (17 ,041 ) 4,489 ( ) 586 ( 682) 204 ( ) TOTAL: 15,833 (14 ,832) 1,14 ( 1,2 5) 295 ( 3 ) TOTAL: 1,443 ( 1,674) 4()4 37L) 143 2 1) TOTAL: 6 7 ( 652) 2,7 • 1 23 s TOTAL: ~ (~ • ( • 1 ) Al u1 1/b Juv . 4 /1 AL: 4 /132 AOOLT 1 sr(Ti 1 175 ( 1 4 n , • lo 1 I . . • • • -2- LIBRARY SPONSORED PROGRAMS AT CENTRAL LIBRARY NUMBER ATTENDANCE ~~ldren's DeEartaent Story Times 2 2 ) 25 ( 11 ) Class visits to Library 3 2) 31 ( 27) Special Prograas 3) (152) LIBRARY BOARD MEETINGS 1 1) 10 ( 11) MEETING ROOM USE BY OTMER GROUPS 53 ( 49) 453 (392 ) LIBRARY SPONSORED PROGRAKS OUTSIDE CENTRAL Children 1s Def!rt.ent LIBRARY Booki06ile story tiaes 14 ( 11) 2 15 (194 ) BKM Librarian's visits to classes 20 ( 10) 490 (2 55 ) CURRENT ACTIVE REGISTRATIONS VOLUMES IN COLLECTION 22 ,716 ( 17,77 5 ) 108,180 (103 ,8 70) LIBRARY MATERIALS Book s Record s Cass ettes Microfil• Co•pac t Dis cs Vi deo cassettes IISBURSEMENTS De po s ~tea with Ci ty Trea s urer's Offi ce Rl:V UE Late Return Cha rae Co pyv e nd Do no r's Fund Co l o . Loan (I LL) Acc t. • 1411 Acct . 164661 c t. 16 399 Volunt r Hours: 31 1 .. / d VO LIJoCE S ADDED 644 (4 76 ) VO L~tES WITiiDRAWN so (331 ) ( ) 35 ( 1 5) 1 0 ( 6) ( 3) 14 ( I S) $1,841.05 $1,0 6 .20 11.15 4 99 .25 11.00 1 24.55 2 .50 211 .40 5 ( 2) 2 ( 2) ( ) 1 ( ) 1 ( ) ($1, 9 78 . 9 7) ($1,1 92 .36) ( 21. 55) ( 530 . ) ( 1 0 .00) ( 1 23 . S) ( 100 . S) ( ) I • • -• • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 9, 1990 I. CALL TO ORDER. 9 0 -1 The meeting was called to order by Chairman Gerlick at 7:00 P.M. in the Com - mun i ty Development Conference Room. Members present : Carson , Fish, Gerlick, Schultz, Tobin, Becker Wanush, Ex -officio Mem ber s absent: Hogu e Also pre sent : Planning Admi ni strator Doro t hy Ra.an s II. APPROVAL OF MINUTES Oc t ober 24 , 1989 December 6 , 198 9 Chairman Ger ick stated that the Minutes of October 24, 1989 and December 6, 1989 are to be considered for approval. Carson moved: Tobin seconded: The Minutes of October 24, 1989 be approved as written. A £S: NAYS: ABSTAI BS[NT: Gerlick, Schultz, Tobin, Carson None Hslt, Beck r Hog u l otion carried. Th Htn ut s of OPe r 6, 1989 be approv d as writ n. Schult1, Tobin, ck r, Fis • J • • I . . • • • have been 27 different members appointed to and serving on the Commission since 1985. Since January 1, 1985, there have been only eight (8) meetings of the Commission at which time there has been a nine (9) member complement , and at which all nine (9) members were in attendance. Mrs. Romans cited statis - tics from each year, and discussed the difficulty in obtaining continuity to work on long -range planning projects. Hr. Gerlick stated that there was an article in the latest Chamber of Commerce newsletter giving the requirements for service on the various Boards and Com - missions in the City . Mrs. Romans stated that the article did give erroneous information on the compensation paid to the Commission and Board of Adjustment members. Mrs. Romans stated that she did have forms available for members of the Commission if they knew of neighbors or acquaintances who might be inter- ested in serving on any of the various Boards or Commissions . Hr . Wanush st ated that compounding the problems with the membership and atten - dance of the Planning Commission is the fact that the staffing of the Depart - ment has been reduced ; when he started his employment with the Department in June of 1988, the staff comprised the Assistant Director (Planning Adm inistra - tor Romans), a Senior Planner, a Planner II position , and a Planne~ I posi - tion. The staff! ng of t he Department at the present time is Mrs . Romans as the Planning Administrator, and Hr. Harold Stitt as the Planner, plus him self . The Department was given approval to hire an Economic Development Coordinator in November; however, this person is not involved in the everyday work ings of the Planning Division and preparing reports and studies for the Commission. Hr . Wanush stated that the DepartMent also has two Code Enforcement Officers, who are bein g trained to answer telephone and personal Inquiries regarding zoning and land use Issues; however, this does take time and training . Mr. Wanu s h stated that the staff Is serious about proceeding with long -range plan - ni ng projects and providing the Coi!Wisslon the Information they need, but th re are staffing cons traints that must be taken Into consideration . Mr . Fish ex cus d himself fro the meeting . rs o al t o n fghbors and acquaintances o boards and co f ss I on and urg t ha • I • 11 or f tnal r D I • • • • • • next meeting at the end of the month. This report should then be presented to the Commission sometime in February for their consideration. The Waste Management Task Force did not meet in December, but does have a meeting scheduled for 5:30 P.H . on January 16. The Traffic Task Force met once but has had problems getting attendance at subsequent meetings, and has been placed in abeyance until the new Council and Commission members are appointed. Hr. Wanush stated that he has asked Hrs. Romans and Hr. Stitt to consider the possible rezoning of portions of the industrhlly zoned area south of U.S. 285. Hr. Wanush stated that there are three ways in which rezoning may be initiated: (1) by a property owner in the subject area; (2) by the Planning Commission; or (3) by the City Council. Any rezoning will go through the Pub- lic Hearing process before the Commission and City Council. Hr . Wanush stated that he also wa nted to give further thought and study to the possibility of extending the comme rcia 1 zoning to the street centerl i nes on either side of South Broadway rather than to the a 11 ey centerline. He has also asked Hrs. Romans and Hr. Stitt to consider the ramifications of this proposal, and means of protecting the residential uses along these 'streets. Hr. Carson stated that he could not support t his proposal be cause it would permit the encroachment of the bu siness zoning into the residential districts. Discussion ensued. Group Homes is another issue that Hr. Wan us h stated needed to be addressed. There hav e been recent amendments to Fed ral regulations and the Comprehensive Zoning Or dinance needs to be brought into alignment with those Federal r egula tions. Hr s. Becker agreed there is a need for the Commission to have direction and understands that the staffing of the Department does presen problems in pro- viding the Commission inform ation needed in a ti~~ely •anner. Mrs. Beck er stated that it is her opinion the Planning C01m1isston should be on of t e ~ost important and powerful boards or commissio s in th e City, and she want s the Co ission to hav "some ing to get our t eth into.• Mr s. Beck r sugg s· t d that there are things that the in di vidua l Co..ission ~ rs •igh do to assist the staff. Hr . Carson cited the annexation of several pr p rt es In the sou bordering he City and the r vision of t he lanning Co sslon r' Hr . 8 c r sugg st d then d o plac t fee lt•ltatfons on t j c tv s that th Co lsslon d i d c n ly . The 1ssue of Fl x zoning wa s briefly discuss d . Mr s. Romans sta d th a fl x zoning might be consid r d in the ar a b tw n Ha pd n and U. , 185, logan and L fay tt to allow so u s that would b o pa lbl w th th d cal u • Hr . Romans tat d that s veral years ago th R·2· H s. To In ugg st d th n d for a 1 o on t at nd th Phnnln I I . • • • • learn what those communities are planning. Hr. Carson stated that the Commis- sion used to meet periodically with commission of the adjoining communities. Mrs . Becker supported this concept, and pointed out that Englewood is an en- clave and there is need to have communication between adjoining communities. Mrs. Becker suggested that members of the Commission could assume this role and report back to the Commission on activities of the other jurisdictions. Mr . Gerlick inquired on the status of the former Fairgrounds site. Mr. Wanush stated that this was annexed to the City and zoned for commercial and multi - family development. Mrs. Romans stated that the First National Bank of Engle- wood has control of the site, and is looking for a buyer/developer of the site . Brief discussion on possible use of the Fairgrounds site ensued. Mrs. Becker discussed the need for the Commission to get back on a regular meeting schedule. Hr. Gerlick asked if anyone had anything further to discuss on the long -range planning issue. He suggested that members review the outline provided, and come prepared for in-depth discussion at the next meeting, January 16 . IV. PUBLIC FORUM. There was no one present to address the Commission . V. DIRECTOR'S CHOICE. Mr. Wanush stated that he had nothing to bring before the Commission. Mrs. Romans stated that she and Miss Welty had attended a showing of photo - graphic works by various artists whose work was chosen to ap pear in the lit- tleton Annual Rnport/C alendar. One of the artists who had a photograph chosen f or this publication, and who has four photographs on di splay, is Mrs. Mar - jorie 8 ck r. Hrs. Rom ans stated that this sh c.,ing is 110st interesting and urged b rs to take the opp ortunity to vtew the works of th ese variou s art - i ts. Th showing ts betng h ld at 2450 West littleton Boulevard . VI. CONNISSIONER'S CHOICE. Th r wa noth ng to port on th -4 - • I . • • • • paper is one of the biggest problems, and not plastics as had been thought. A lot of the inks and dyes used in papers get into the groundwater, and paper does not decompose as rapidly as previously estimated . Discussion ensued. There being nothing further to come before the Co11111ission, the meeting was declared adjourned at 8:00 P.M . Gertrude G. Welty Recording Secretary I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION January 16, 1990 J. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:00P.M. by Chairman Gerlick in the Community Room of the Englewood City Hall. Members present: Schultz, Tobin, Becker, Carson, Fish, Gerlick Wanush, Ex-officio Members absent: None Also present: Planning Administrator Dorothy Romans Pla nne r Har ol d Stitt II. Economic Development Coordinator Pam Pepper Intern Dan Girouard Chain~an Gerl ick stated that the Minutes of Januuy 9, 1990 were to be con-sidered for approval . Schultz .aved: Tobin seconded: The Minutes of January 9, 1990 be approved as written . AYES: Tobfn, Becker, Carson, Gtrlfck, Schultz NAYS : None ASSENT : None ABSTAIN: Ffsh The .atfon carried. • • * • • • * • * • • • • • • • • • • • 1 • 0 I . . - 0 • • • IV. COMPREHENSIVE PLAN Mr . Gerlick introduced Ms. Pamela Pepper, Economic Development Coordinator for the City. Ms . Pepper addressed the Commission and briefed members on the activities of the Economic Development Coalition . The development of a Strategic Plan for Economic Development is a primary goal of the Coalition, and Ms . Pepper stated that the Coalition is making good progress in the development of this Plan . When the Plan has been drafted, comments will be solicited from members of the Commission and City Council prior to finalization. Ms. Pepper referred to statistical information which was included in the packet, and additional statistical information which she distributed to members, and stated that this databa se is being used in development of the Plan . Ms . Pepper reviewed the statistical information, and pointed out that prior to the closure of Buy er 's Club, Englewood was below the average retail vacancy rate in the Denver Metro area; since the closure of Buyer 's Club, the City is slightly above the average vacancy rate. Ms . Pepper stated that the redeveloped commercial area in the City came on the market just as the retail market slumped , and economis ts are predicting that 1990 will remain a fairly "flat" year for retail activities . Ms. Pepper stated that the Coalition has developed a list of assets/resources and a 1 ist of 1 labilit ies/needs . During a four -hour brainstorming session today, s trategies for Econ011ic Development were developed, and the Coalition will ne ed to prioritize those strategies. If members of the Commission have additions to either list , Ms . Pepper asked that they contact her. In response to a quest i on fro. Mr. Fish, Ms. Pepper identified the ca.position of the Coalition ...C.rship. Ms . Pepper distributed copies of goals and ob - jectives for the Econ 011!c Develop~~ent Progru to the Ca.ission . She asked that the ...O.rs review all the i nformation which has been sublltted to th .. , and subli t any ca.ents or sugges tions to her. Ms. Pepper stated that the Coalition wants to work wi th the C01111tsston and Council and not at cross - purposes . The Coalition will address all facets of develop.ent i n the City, industrial as well as ca..ercial/retai l . Ms . Pepper stated that Mr . Girouard will be assis t ing in analyzing the northwest industrial area .uch as wa s done in th southe ast industrial area . Mr . Girouard s tated that the staff Is beginning a prograM for the Ffre Depart- nt reby they can 91ther tnfona.tfon on th nu.btr of .-ployees and Iden- tify a us by an SIC (Standard ld ntlffcation Code) at such tiN as they do th ir nnu 1 Inspections, and this Information can then be put on the c ut r. Mr. Fish as ed wh re d -ograph c informatio n fs obtained. Mr . Wanush pointed out that SON Information Is obtain d frat~ Census Information, even though the C nsu s 10 years old; oth r lnfona.tion Is gleaned fro. the Donnelly Market - 1"9 (OIIpany, and SOlie fro. ORCOG. Mr . Wanu sh pointed out that DRCOG hasn't produ ed .uch dMOgraphlc tnfona.tlon stnce 1986 . lnfona.tfon on sales tu c s fro. Cfty r cords and fra. the State. Dtscussfon nsued. loy rs In the C ty re noted, nd Mr. CarsOft pointed out that Burt ubaru, Hunda and O'hatsu re not listed. Ms. P pper stated that d alershfp r 1 sted s parately, nd not as Oftt entity tch . z . • I . • • • • might account for the individual dealerships not being listed as "large" em - ployers. Ms. Becker asked if, when referring to the "bank", does this mean employees of the Bank itself, or all people employed within the bank building in the various smaller businesses leasing space from the bank. Also, on em - ployers such as King Soopers and Safeway, does the figure take into account the actual number of full-time employees, or employees who may be part time and have minimal hours per week. Further discussion ensued. Discussion then centered on statistical data obtained on the housing stock in Englewood. A random survey was done on owner/occupied vs. rental units, and 75% of the single -family structures in Englewood are owner/occupied. The average value of single-family homes sold in Englewood in 1988 was S73,000. Hr. Fish referred to a document which was submitted by the School District, which rep ot·t indicates that 50% of the children are from rental dwelling units. It was pointed out that a rental dwelling "unit" is not necessarily a single -family home. The housing types in Englewood were further discussed. Concern has been ex- pressed that t he re is a nee d for more middle-to-higher -income housing stock to encourage relocation of professional people to Englewood . Mr . Wan us h pointed out there 1s a lack of land available to build the larger, mo re expe nsive hom e s that professional people are buying today . If we are to address this problem, we must look to ways to make land available. Hr . Fish asked if the Economic Development Coal i t ion is contacting other groups, or functioning on its own. Ms. Pepper stated that Englewood is a mem - ber of the Metro Denver Network, and through the Network has access to a com - puter network of businesses interested in locating in the Denver area . The objective is initially to attract people to the Denver Metro area; once a pro · spective business has expressed interest in the generalized area, the indi · vidual entity steps in to try to persuade the business owner of the benefits of locating in their specific jurisdiction. Ms. Pepper stated that a ••Jority of the contacts that are comin g in to the office are businesses which are lo· cated just outside of Englewood who want to relocate within the boundaries of the City, and this is when the staff can offer encourag ... nt to assist such relocati~. Ms . Pepper pointed out that retention of existing businesses is a very i~~portant factor of econ011ic develol)llent. There are a nUIIber of busi - nesses that are pre sen tly located in Englewood who are in terested in expanding their operation, but -ay not have the space at their present location . Staff 1s trying to usht these busineu .. n wh enever po ssible. Discussion ensued. Ms. P pper pointed out that potentially available land tn th Industrial area 1s already developed with older build ng s that are vacant : h ver these sttes ar higher priced than raw land In undeveloped areas . Hr . Gerllck stated that there art a nullber of s aller bu s nesses that want to 110 e fr011 Otnv r, and sugg st d that perhap s the Ci ty could c ap italize on this . . ) . • I • • • • • Mr. Schultz asked Ms. Pepper what success she has had in communicating with Cinderella City. Ms. Pepper stated that she has a very good relationship with Cinderella City management. Ms. Pepper stated that the location of CitiCorp and GeoTech in Cinderella City has been very successful. Ms. Tobin stated that in her opinion the bi-level parking at Cinderella City is a very definite plus; people can park on the lower level out of the elements, but there does need to be improved lighting in the lower level. Ms. Pepper stated that she and Hr. Wanush would keep the Commission up -dated on Cinderella City . Ms. Tobin asked if the information used by the Economic Development Coalition would be combined with other committee reports, such as the Housing Task Force recommendation that a brochure be prepared promoting reasons to re 1 ocate to Englewood. Ms. Becker suggested that the educational programs and recreation - al programs should be promoted. Hs . Tobin stated that the parks system should also be promoted in the brochure. V. LAND USE PLAN Hr. Wanush referred to a copy of the 1979 Comprehensive Plan. He pointed out that the primary purpose of 1979 Plan, and what is being considered for the 1990 Plan, is to establish a "Policy• plan setting forth policies and goals. Hr. Wanush then displayed a copy of the 1979 Generalized Land Use Hap, and discussed the various development designations depicted on that Map, such as residential, commercial, and industrial. Mr. Wanush stated that the single- family residential development area had two designations, one being a "preser - vation and incentive area• whereby consideration was given to providing for adMinistrative approval of issues such as •inor encroach~nts into setback for residents wanting to re.odel or redevelop their residential properties. Mrs . Romans stated that there was also consideration given to ways to .aking a sub - standard residential lot available to encourage redevelop~ent. Two ways con · sidered were for the City to purchase the substandard site and clear the lot for purchase and develop~ent by a builder, or to increase the density in lieu of clearing the lot. Mr. Wanush stated that the proposal of the City purchas - ing the lots and clearing th .. for resale is currently being pursued . Other develop~ent designations on the Generalized Land Use Map were discussed . The mixed -use area designated between Hallpden Avenue and U.S . 285 was d s · cussed. Mrs. Roaans stated that a Special Per8it Syst .. (SPS) was also con -sidered for that area. Mr . Wanush stated that there is not .uch that he uld rec nd c ang ng n th 1990 Generalized Land Use Map fro. that depicted on the 1979 Map . Th re are one or two areas that ned "fin tuning•, but no jor r v sons . Mrs . 8 clcer as ked f f the OrdInance was t n place to all for th adll n s tra - ttve dects to ns r ferr d to by Mr . Wanu sh. Mr . Wanu sh stated that t ts not . Mr s. Becker suggested that perhaps the enact nt of such legislat on should a C~tsston goal . Mr . Wanu sh SU99fs led that adjotntnv areas such as SMrtdan and t Santi re corridor/South Platte Rhtr corridor shCHild be shollln and addressed " t C•- pr h nstve Plan . Discuss on tnsutd. Mr . Fish stattd that he felt e issi'" ltafsons with adjotntnv Jurhdtcttons u was SU99fsttd t t lnt tint hould focus on Sh rtdan and Littleton. lrtef dtscu ston tftsutd . • 4 .. 0 I . • - • • • • • • VI. COMMISSION WORK PROGRAM The work program which was drafted by the Commission during the late summer of 1989 was considered. Hr. Wanush stated that a lot of the items that were set forth in the work program are in progress. The Waste Management Task Force is moving forward with their charge, and the Housing Task Force has nearly com- pleted its duties. The Traffic Task Force has not been progressing because of lack of attendance and has been placed on hold. Discussion ensued. Hr. Fish expressed his concerns on the composition of the Traffic Task Force and sug- gested there is need for re -evaluation of the Task Force membership and for community input. Brief discussion followed. Hs. Tobin stated that the Housing Task Force will be meeting on January 29th to consider the final draft of their report, which will then be referred to the Commission. Hr. Schultz stated that the Waste Management Task Force had met earlier this evening, and received the Governor's Preliminary Report on solid waste. Hr. Fish inquired on the member composition of the Waste Hanage111ent hsk For ce, and if this membership seeme d to be "wo rking•. Hr . Schultz stated that the Task Force membership is working together to this point in time, and em- phasized that they are still in the process of gathering as .uch infon.ation as possible before settling down to devise a Waste ManageMent Plan for the City. The goals for the next meeting were t hen considered. Hr. Wan us h stated that there will be a Publ ic Hearing on Title 15, which is the Enviro~~~~ental Or- dinan ce, and references to environ.ental issues contained in the Co.prehensive Zoning Ordinance will be deleted. This Public Hearing will be at 7:00 P.M. on February 6. Mr. Wanush stated that he anticipated a fairly lengthy hearing, and suggested that th is be the only i t .. on the agenda for that eting. Mr . Gerlick stated that if new llellbers are appointed to the COMisslon ( have three vacancies and one ten~ expires Z/l/90), perhaps consideration should be given to appointing task forces to study additional phases of the Co.prehensfve Plan . The •etfng of February Zl (Wednesda.y evening), wu considered. ftr . Vanu sh stated that staff fs asking that so.eone fro. ORCOG or ~TO attend t to discuss th tr progr wi h t C fsston. Mr . Wanush also s sted In· vtt ng rs of th Housing Tas Fore to th tfng on f bruary Zl to d s · cuss t Housing Report . VII. PUILIC fOIUN Th re was no on pres nt to ddr s th C is on. VIII. DII£CTOl'S tHOJC£ Mr . Wanu h stated that h furth r to brlnt for t ftr . It n t 6th '" I I . • • • II IX. COMMISSIONER'S CHOICE. There was nothing brought up for discussion under Commissioner's Choice. The .eeting was declared adjourned at 8:45 P.M . Gertrude G. Welty Recording Secretary • • • D II • • • • • BOARD OF CAREER SERVICE COMMISSIONERS JANUARY 18, 1990 REGULAR MEETING PRESENT: William Belt, Carla Davidson, Janet Kerzic, and JoEllen Turner. AB SE NT: Harry M. Fleenor, Jr. OTHERS: Randie l. Barthlome, Director of Administrat ive Servi ces Pete Juenemann, Englewood Employees Association Presid ent Acting Chairman Belt opened the meeting at 6:35 p.m. A roll call was tak en and a quorum established. Ms. Turner moved that the Minutes of the meeting of December 7, 1989, be ap- proved. Ms. Kerz i c seconded the mo tion, and a 11 members present voted in favor of the motion. The Chairman ruled the mi nutes of December 7, 1989, were ap proved as written. It was noted that representatives of the associations, except for Mr . Juene - mann, were not present. The City Manager was not present. GRIEVANCES. The Chairman addressed the issue of the grieva nce filed by Ja111es Abshire, which concerned contributions m•de by the City to he<~lth insurance for he employees. It w•s agreed to hear arguments concerning griev•bility from bot h sides, •nd th•t since the grievanc es filed by Hr . Ab shire and Hr . Juenemann were almost identic•!, that these arguments would address bo h grievances . After hearing testimony from Hr . Juenemann •nd Ms . ~ r lo , Ms . erzic moved that the issues •ddressed by the grie ances are not gr ie vable. seconded the motion, and all me111bers present agreed. The Chai an rul the grievances fil d by James Abshire and Pete Ju n •nn could no dressed by the Board of Career Service. Ms. Turner urged the discussion of ins urance ben f 1 s negotiattons, and said that ot er fssues concerning si ered grfevable by th Board . -l . I • • • • • COMMISSIONERS' CHOICE. It was noted that the wording from the Charter Amendment had been certified by the City Clerk. The budget was approved. Ms. Turner moved, and Ms. Kerzic seconded, that the bill fro. Damas and Smith for $28.65 be approved for payment. All members present agreed. Upon a motion •ade by Ms. Turner, and seconded by Ms. Kerzic, the meeting ad -journed at 7:57. Harry H. Fleenor, Jr., Chairman • l • I . • • • • ENGLEWOOD ELECTION COMMISSION Dece mber I, 1989 The meeting was called to order at 4:40 p.m. by Chairman Kollath . Pr esent: Absent: Kollath, Wilson, Crow Bull (NOTE: ONE VACANCY EXISTS) Also present: Freeman, Finance Director DeWitt, City Attorney Ellis, Deputy City Clerk • * • * * City Clerk Crow provided the Commission with information on the matters which led to Hr. Haidon's protest regarding residency requi rements for council membership. She stated Hr. Haidon Is protesting the residency requirement change from three years as stated in the Charter to one year. This protest was discussed by Council on November ZO, 1989 and a decision was made to request a declaratory judgment from District Court concerning this matter. Ms. Cro w assured the Commission that the decision to change residency requirements froa three years to one year was •ade prior to anyo ne expressing interes t In running for Council and was not done to acca..odate any one candi date over another. City Clerk Crow advised the Co..issfon that the City Council will consider a resolution Monday, December 4, 1989 setting January 30, 1990 as the date of the Special Election. She noted both associ ation s had 19reed to the date, but she did not know if there had been a detenalnatlon as to the wording of th EPBA question on the ballot. t OilS SIOII ,. girding t t t . I . 0 9 ... I • • • • • After lengthy discussion over this matter, the Commission did not feel that anything had been resolved and they still did not have clear direction. Member Wilson left the meeting at 5:35 p.m. City Attorney DeWitt stated he would prepare something in writing to answer the Commission's question wfth regard to Hafdon's protest . I . . • • • ... 9 f~ ENGLEWOOD ELECTION COHHISSION December 12, 1989 The meeting was called to order by Chairman Kollath at 7:15a.m. Present: Bull, Crow, Kollath, Wilson (NOTE: ONE VACANCY EXISTS) Also present: Ellis, Deputy City Clerk As Mr. Bull was absent from the previous meeting, Chairman Kollath provided background data on the protest filed by Mr. l!aidon as well as information from the meeting with Hr. DeWitt on December 1, 1989. Ms. Kollath explained that the Commission's purpose in meeting with Hr . DeWitt was to clarify and def ine the Election Co~ission's role with regard to protests or requests for hearings before the Commission. Hr . DeWitt did not provide that direction, was defen sive of past actions of his office, and basi cally quite curt with the Commission members. Hr. DeWitt did state at the meeting he would provide the Election Coa.lssion with a .amo directing the• as to an appropriate re spo nse to Hr . Haidon. (Copy of that .amo is attached to these minutes.) Chairman Kollath asked the ...Cers to consider an appropriate ~thod to proceed with respect to the Co..isston's proper role in similar matters. She felt there were two options : 1) to revert to our former, well defined role of dealing only with procedures of elections; 2) seek further clarif ica tion of what the Co..isslon should be doing by going directly to City Council. Aft er discussion, "--bar Bull .aved, "'-ber Wil son seconded, to direct correspondence to City Council as king for specific clarificat io n of the Election Co.atssion 's role In the election process. The .atlon was unanl-ausly approved. The for.at of the letter was discussed. Chainman Kollath will draft the letter and seek confiraatfon fro. the other -..bers before the letter Is forwarded to City Council. With regard to the special election scheduled for January 30, 1990, "'-btr Cr ask d the Co.alsslon to detenafnt the .. thod of voting (paper ballot or aachfnt) and h aany polling places should be established . Cha1naan Kollath .oved, Me.Otr Wilson seconded, to retain all 16 polling places, and to use voting aachfnes, not paper ballots, with one voting achtne at each polling place. Th .otlon as unan 10usly approved . r Cr provided an update of the var ous qu sttons proposed forth ballot. lht ettng adjourned at 8:30 •·•· • I . . • • • MEMORANDUM TO: Melody Kollath, Election Commission Chairman Ken Bull, Election Commission r-tember Janice Walters, Election Comm.J.ssion l.fember Patricia Crow, City Clerk ~ PROM: Rick DeWitt, City Attorney DATB: December 4, 1989 RB: Memo from William G. Haidon. You have inquired, of this office, what approach should be taken in response to the statement from William G. Haidon. Mr. Haidon seems to be contesting a provision in the Home Rule Charter. Without more information, I do not know how the Election Commission can determine the appropriate course of action. It is my suggestion that the Election Commission send a letter to Mr. Haidon, asking him: 1. Whether he wants a hearing on the subject • 2. Have him provide as much elaboration as he can on his protest. The responsibilities of the co .. ission are as set forth in Sections 10 and 11, of the Charter. At the present time, I am reluctant to advise, with respect to whether Mr. Haidon•s protest comes within Sections 10 and 11. I do not vant the Mr. Haidon vith respec CCI Van Oylte Election Co.aission to be circuavented by to ito jurio4icti~ ~en;;;:~ d Ci y Council Praser I • • - • • • • ENGLEWOOD ELECTION COMMISSION January II, 1990 The meeting was called to order at 4:38p.m. by Chairman Kollath . Present: Absent: Bull, Wilson, Kollath, Crow None (NOTE: ONE VACANCY EXISTS) Also present: Ellis, Deputy City Clerk * * * * • MEMBER CROW MOVED, MEMBER WILSON SECONDED, TO APPROVE THE MINUTES OF SEPTEMBER 26, 1989, OCTOBER 5, 1989 (CONFERENCE CALL), DECEMBER 1, 1989, AND DECEMBER 12. 1989. Ayes: Nays: Ab shin: Absent: Mot i on carried . Bull, Wilson, Kollath, Crow None None None • • • • • The Com.lssion .embers reviewed the list of prospective judges . MEMBER BULL MOVED, MEMBER WALTERS SECONDED, TO ACCEPT THE LIST OF JUDGES AND ALTERNATE JUDGES . Ayes: Nay s: Ab s h f n: Ab se nt: Motion carr ied. Bull, Wil son , Kollath , Crow Non e Non e None • • • • • lh C lsslon S rfts or 1990 and Ordin ct 1. S ,. es of 1990 . City Cler Cr d std l at both h [ngl od Pol c 8 neff Association and City Council had approved th rdlng for ballo for Qu stlon o . 1 regard1ng es abl shtng a sp cfal pay ca gory of s pa rol pay within the r an s of th Engl od Pollet Depart nt . • • • • • 9 F I . . • • • Discussion ensued regarding the wording of the ballot issues. The Commission expressed concern specifically with Question·No. 3. QUESTION NO. 3 SHALL TITLE 1, CHAPTER 5, ENGLEWOOD MUNICIPAL CODE 1985, BE AMENDED BY ADDING A NEW SECTION 9 TO READ AS FOLLOWS: 1-5 -9: BENEFITS FOR COUNCIL PERSONS: CITY COUNCIL SHAll BE ENTITLED TO THE FOLLOWING BENEFITS IN ADDITION TO SALARIES: A. CITY SHALL PAY FOR SINGLE MEDICAL AND DENTAL PREMIUMS FOR A PLAN AVAILABLE TO All FULL-TIME EMPLOYEES OF THE CITY. The consensus of the members w1s th1t the question was unclear and misleading. They felt ballot questions should reflect the re1l issue. City Clerk advised the Commission the billot Is In the process of being printed. • * * • • The Co..lsslon revl.wed the Election D1y Schedule. Discussion ensued reg1rdlng specific proble.s encountered during the November 7, 1989 Regul1r Municipal Election. * * * * • City Clerk Crow advised the Ca..ission that one of the City Clerk's go1ls for 1990 Is to prepa re for the 1991 Regular Election by i~le.enting an election procedures unual by Dectllber 1, 1990. She noted she IIIOUld be seeking input fro. the Com.fssion -..bars. Chafn~an Kollath questioned City Clerk Crow as to whether she had received anything fro. City Council fn response to the letter the Co.aission had su l tted to City Council In Dece.ber. Ms. Crow stated she had not. • • • * • Cfty Clerk Crow advised th Ca..lssion of the Judge's Workshops to be held Januar 25, 1990 at 3 ;30 P·•· and 5:3 0 P·•· She invited th .. to attend . * • * * • p ••• I . . • • • -----------------·------------·-------------··--- ORDINA.'CE NO. ~ SERIES OF 1989 BY .r.1Jl'HORI'N roN:IL BILL NO. 47 Ih'TRODlX:ED BY <n.r.~n. I ·~ C.:.~ 9 (g) A.~ C!IDINA.>a SUBt.UTI'~ 'ro A VCYI'E OF T:~ QUALIFIED EUX::'ro.':IS CF 'niE CI'N CF DG..ENX>D A'! 'niE ~ SCHEDUU::l ~ :·str.<ICIP.:.L :::ux:TICN ~ A.~·~ 'ro T'riZ Oi.~TER OF T'riE CI7'i OF E!:GU:o:>::> REI...\':D<G 'ro TiE Fn~;,~IAL D·~ OF D·:PJ.£5:; ISStL:S. THAT: 3E IT crul.11.INID BY !'UE CI'N COI..r.lCIL OF TiiE CITY OF ENGUlO:>::>, CX>LORAOO, Section 1. ~ere is ~reby s\bnitted to the qualified electors of the City of Engleowood at t.'le r.ext sched-Jled regular 11U11icipal election propcsed anendment to t.~~ ~~~r c f t.~ City o f ~gl~•~. as f ell~~= ~at effecti-:e ir.neOiately ~n arr.>:-oval cf t.'le C!IJalified electors o f th Ci ty o f ~leo.IOO(!, 11..~d t.'le certi!icatic n t."lereof to the cffice of the Secretuy c f State c f t.'le State o f Colora:So, pursuant to Section 9, Article XX, ~f the Coler~~ Ccnst i tutic n and Sectio n 31-2-210 Colorado Revised Stat~tes, A..'"ticl~ 'I:V c f the Ha:a Rule O:~er cf t.'le City c f Engleowood is Mreby 1'1.-.n~ed by ~ddi ng t."le !cllt'l-:ing parag:-aph at the end o f 137:6: 13 7:6 !:~ AL 'l"f:R!-!.1. TIVt:: s:: JG!.E :r.=-.stJR!': CU '!1-!E BALLOr SU!MI 'I'l"ED TO A.-. EUX.'TI 00 :.S A R!:SIJI..':" 0 ! i.!l ~:PI..O':a::: ll·?ASSE SM.:.r..t. I!.Q.UOE A S'IA'I'f.ME:n' PREPARED BY :-r.;:: CI'!Y'S FD ~~.t.:\L ::>~AJm-~'"I' SV.Tn .::; 'I'H:E FDWlCIAL I::P~ OF FX:H .;t,~· '"'IV!: S!:Q.:: l·E~'RE FCR ':1-l: ~ Cl~ u:AA. ~ ~ 2. ~ ":tb; r hines :-~d :>ac>e r b&llc~s for d electlo:t L"'.&ll carey ':..,. !ol e-.. :-; uc;natic:'l • .. iuc. a.'".& 1 ~ the asicn cl se: -1 - 1 the • I • • • • • $~ticn 3. ~e ?r~r officials cf the City of Engl~~d shall give xtico! cf said speci!.l m.;,nicipal. el~tion, which :10tice shall !:>e pu!:>lished in the rroAn~"~er and fer t.l'le lengt.~ cf tir.e re~red b"J la-w, and the ballots cast at ~:ch el@Cticn shall ~ canvassed and t."e result ~cert!.ined, eetermined, and certified as required by l5N. Intrc~ced, read in full, &~nded, ~~d passed as ~nded on the 18th day cf ~~r, 1989. ~Jblished as a Sill fer an Ordinance en t.~e 21st day of December, 1989. 1990. Resd by title, s.ended, and r.assed as anended en t."le Bt.'l day of January, Published in full as ar.ended on t.'le 18th day of Januart, 1990. 1990. Read by title and passed en final reading on the Sth day of February, Published by title as Or~n~~ce No. _, Series cf 1990, on the 8th day of February, 1990. Attest: Mayor Patricia H. Crow, City Clerk I, ?atricia H. Crow, City Clerk cf t.~• City o f Eh;lewood, Colorado, hereby certify t.hat the for4t90 ing is a true copy o f the OrdinMc:a pused on final rea~nq ar.d publi&Md by titlo .u Ordin~~ce ::o. _, Series of 1990. Patricia H. crow I • • • • • • ------··---------------------------------------------· .. - 9 (h) BY .Z.UTHORI TY ORDH;.~!\CE SERI I:S OF 110. _d_ 1990 COUNCIL BILL NO. 1 INTRODUCED BY COUllCIL !1E~lBER HJI.BEI\ I CHT A~ ORD I!-lANCE AMENDING TITLE 7, CHAPTER 6D, E~GLEV100D :·lUNICIPAL CODE 1985, Bi' ADDING .a. ~EI'l SECTI0!1 12 DEALII~G IHTH P OSSESSION OF !·:ARIHt;.;!'.l. (:1.ARIJ U;.NA). liHERE.:.s , the Cclorado Statutes prescribe, among ether thinss, the possessicn, use , sale, and g~owing of ma rih uana and hashish, th~y do ;:>er~it municip3 lit ies to prohicit the nere ~cs~ession of s~all anount s of ~a r ih~3na o f one ounc e o r less; 3nc ;;;;rR:::.:.s 1 City Council hereoy declares that possession of nari~uana is injuriocs to the ~ealth 1 \~lfare, and safety of Engle·.:ccd citizer.~; and ::?.I:RE.&.S 1 t~e :':'iajcrity cf marihuana cf!enses detected in his Ci:y are ~rcngful possession cases which can be processed, l.nd cis;:>csed of mere rapidly in the Engle· .. •ood :lunicipal Court ; ~OH 1 THEREFORE', 2oE IT O.R:>.;IlllE!:> S i' THE CITY OF ENGLEWOOD, CCLORJ<.O , TP.. l': Section 1. Title 7, Cha;:>ter 60 1 Engle~ood Munici;:>al Code l SS, 1s hereby amen~ed by addin~ a new Secticn 12 to read as follcws: CHA?':l';n 6 7-6J--2 POSSESSION OP MARIHUANA PRORIBITED A. ~ fi~i ien . 1. liAR HU ~:A O R : • r iJU .~~:A means ll p rta of the pl n c ~n ~11 sa ive L.l • eth r grew ng or not, t e •••~• thereof, hw resin extr cted fren any part of the plant, n~ every ce ~cun , nanuf c ure, s lt, ~ rivat ve, nixture, cr preparat on e t he plant, lts eeda, or its resin. It dcea net include f1ber 'ro~~c d fron the at 1~s. 011 or cake me~e tron the •••~• of the ~1 nt, cr ster l ze~ •• d of th ?1ant which a incapable of 9er n ien, lf heae i ema ex at apart !rem any ether tem d fined aa Mmarihua~aw ere1n. "~arihuana" does not inclu~e ~ar huan concen ratat aa next ~•tin•~. 2. :\AIUilUA. A CO CtNTnJ\TC n .. na h shish, te r hydrec n~ nola, er any a1kaloi~, a lt, derivat ve, pr r io~. ecmpoun er ~ ure, whe her na ural or synthea zed, et • r hydrec nn b1nol • -l - • , I • • • • • ---------------------··-------- 3. CONSU!-~PTIO~ OR USE OF !~.ARIHUANA p ossession thereof. shall be deemed B. It is unlawful for any person to possess one ounce or less of marihuana. c. The maximuo 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 impcsing punishment on minors for violation of this section, the Court is limited to the restrictions of Section l-4-lB of this Code. Introduced, read in full, and passed on first reading on the 8th day of Ja n uary, 1990. Published as a Bill for an Ordinance on the 11th day of Jan uary, 1990. Read by title and pas s ed on f in al reading o n t he 5th d ay o f Febr u ary, 1990. Pu bli s hed by title as Ordinan ce :~o. ___ , Se r ie s o f 1990, en the 8th day o f Febr u ary, 1990. Att es t: Susan Van Dyke, May o r Pa tr ici a H. Cr o w, Ci ty Clerk I, Patrici a H. Crew , Cit y Clerk for the City of Enqlewood, Col o ra~o, hereby certify the abov e and foreqoinq is a true copy o t t h e Ordi n ance passed o n final readinq and p blished by t1tle as Ord in a nc e o. _____ , Series o ! 1990. Pa t rici a H. Crow I • • -• • • -------·------~·--- / CJIDINAOCENO. j SERIES OF 1990-- BY .1\UTHCRI'I"i CX:U..:IL BilL NO. 2 INl'ROOOCED BY CUJNCIL HEMlER HABfNIOfl' 9 (i) AN CJIDINANCE ~ SETit.&lfm' ~1I'm T'rlE ~ DE?AA'll-tmr OF HF.AL'm CN 'I1iE ALt..m l'lA:l'ER ~1ENT PLAm' CEASE A:~ DESIST ~ER. WHEREAS, a Cease and Desist Orc<er .,.-as issued July 13, 1989 by the Colorado Depar1:r.w!nt of Healt.'l as a result cf discharge of backwash water fran the .\llen t·:ater Filter Treat.r.\!nt Pla.,t; and h ~S, the Coloradc Ilepart.."'l:!nt of Health has sent notice that the State will settle ~'le Orde~ for ~'le sum cf $6,750; , ~. SE IT CfUl!\Jl.."::D BY 'mE CI'IY <nlOCIL CF 'IHE CI'I"i CF ~OX>' CCli.Cit\00' 'n'.AT: Sectio., 1. 'nle settle:ent by the City of Dlglewood to the State of ColoradO, Oe?artz;ent of Health, as .,ena.lty for the discharqe of baclti.'Uh water t fran Allen ~:ater Filter Treatment ?lant on July 13, 1989 for the Sir.\ of $6,750 is hereby approved, a ccpy of 1.1Uc~ is attached as Elchibit A. secticn 2. "nle Di~or cf Finance is aut.'lCrized to pay s&id S\Jll to the State of Color~, Oepa.rtni!mt ef Health, in full settl...mt of t..'le JUly 13, 1989 ~schsrqe of back··.:ash water. Introduced, read n full , and passed en first reading on the 8th &ly of January, 1990. ?ublished as Bill fer ~.ad by title 1 90. Publ aMd by t i le ct ~. 19 o. A ' lc:la H. Cr"ow, City cle& Ordinanc: on the 11th day of Ja,nu.uy, 1990. on !in l readinq on the 5th &ly of F ruuy, . _, ri .. 1990, on the 8th I . • • • • • ---------------------------------- I, Patricia H. Crow, City Clerk of the City of Engleo.«XX!, Coloraoo, hereby certify that the foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance Uo. __ , Series of 1990. Patricia H. Crow I • • - .,. • • COLORADO DEPARTMEST OF HEALTH •210 hol\llh A>tnut Otn•·tr, Co lor•do 80220 ,hont 001) ll0·8j)) So\'ember 30, 1989 Mr. Rick DeWitt, Attorney City of En&le\o'Oad 3400 S. Elati Street EnJle..,""'d, 00 80110 RE: Dear ~1r. Oe\•i t t: • • • STATE OF COLORADO loy l?mtr Covtrnor lhomu M. VtfT'Oft.. M 0 . htcvtivt O ittCIOr In licht of the information obtained at our meet ina on October 3, 1989, ""• ha\'e recalculated the penalty for the purposes of proposina a settl-nt in the abo\'e-referenced matter. "• will &area to chana• t\.10 itema in the uaessment: 11 in the "willfulness" cat.eaory, ..... aaree to lO"' .. r the perc:entqe froaa 25" to lOX (of the basic s-nalt11; 21 in the cateaory titled "discount for cooperation'' we aaree to uparade the cooperation frcn "fair" to "fair/aood'' ~o.:hioh amounts to a chana• in the di~t frcn 5" to lOX. The chana•• we are .:illina to lll&ke result in a new total for the 15 da)"S of d.isohal"'e of 18, i50. "'• are prepared to settle this matter for this amount and "''OUld aaree to close out. the action. Pl .... oontact • reaardina this. If you oonc:ur ...-ith the penalty, we can proeeed to draft a aettl .. nt aJreeeent for your si~nature • need )'our reaponH by r 10, ltlt. I can be reached at 331-4?5t ahou.ld )'OU :1 ah to d.i sousa th ls . Thank >ou for )'OW' cooperation in this -tter. • I • • • • • • -------------------------------.. 9 ( j ) BY .ll,.tmiORIT'i ORDINANCENO. (p SERIES OF 1990-CXlUNCIL BILL NO . 3 lln'RODUCED BY CXXJNCIL 1-D!BER VA.t.J DYKE A.t.J CIIDINANCE EFF'l:X:T~ 'IHE RESTA'I'F}1Ell."l' OF 'IHE OLD HIRE POL I CE PENSIOO PLAN BY REPFALD~ TITLE l-6E-7 .AND Ar-1E:\"D DlG TITLE 3 BY EW\CTTI~ A tiD-J OlAPTER 7. I:HEREA5 1 Fl·K:: 1-GE-7-10 E!!!p:'Wers the Beard of Trustees of the Englewood Po l i ~n's Pension Fund to reccrnmen d c hanges to the City's Po l ice Pe nsion Fund/ Pl an ; a.,d ~~~ City Counci l desires to en~t recornended cha,ges tt.at benefit t."le :-erbers of t."le Plan ; !'l ~I ~I BE I T CRDAINID BY -.m: CIT'i c.'OI.l.-lCIL OF 'IHE CIT'i OF Fl-G.n«tl, C'CLCit\00 'Iltli.T : s-ction 1. Title 1 , O!apter 6E , section 7 is !'l.!reby re-pealed . Section 2 . Ti t:le 3 , Dlglewood lunicipa.l Code 1985, is !'l.!reby nded by ddi.ng new Chapter 7 rela inq to Po l ice Officers• Pension Fund , to read as foll~': 3-7-1: POLICE OFFICER'S PENSION FUND: 3-7-1-1: ru10 CREATm: 'rt'le Cit/ • s her by el t to ccn in ~ to psrticipat in th Poli ?e~~ion Fund, in accor~e w1 ~ the provi ions of Titl 31 1 Article 30, Part 3 1 Colora Revised S at tea 1 1973, save d except to the t previsions cf thia ~ icn ~r des y provisions of n1d •• 9 . 'n'M!ore hereby ia ere ted c. fi E\lnd'' fer th'! ~ lice offi ra1 p.u-auant to Ti le 3 ~f the City Code. -1- I . • • • • ----· ----------------·--...._ __ --- Benefit Fund v.•i ll be a figure derived by taking the total distribution to be ill3de each year as described above and subtracting contribut ions r..ade hy the ~loyee , City and State of Co l o r ado , to the Police Pension Fund. ~e resultant percentage calcul ated annually will be pai d from general revenues of the City into t.tJe Police Officers' Benefit Fun d . D . In addition to t."'le pcr • .oers irpcsed U?Qn the Board of Trustees of the Engl~~d Policenen •s Pension Fund by Title 31, Article 30 , part 3, Cclcrado ~evised Statutes , 1973, said Beard shall have all of the powers r.ecessart to supervise a~d adMinister t."'le provisions cf this Section. E. The Pension Fund and Pension Plan shall be administered by the Plan docu!rent as osdopted by the City Council by resclution and which may be ar.ended as required by the Soard of Trustees . 3-7-1-2: PERr-11\:~ DIS.r.Bll.I'IY BrnEF'ITS : c. D. In order "':o SI...'P!;>lenent the i o f any police officer 'Who, as a result of injury cr illness, is rendered pemanently disabled, there shall be paid to such cfficer, out the the Police Officers' Benefit Fund, a ron ~ly benefit equal to t-wenty percent (2c-k) cf his base salary plus len evi ty .,.'hich he '"as naking t t."'le tire that he incurred such dis3bility . Suc"l payrent s.'lall be in addition to /Jrly benefits payable to the C'fficer fr t."'le s u cry Police Per.sicn Fund. In order o eligible o i\~ such p~yrent , the officer must, at the ire of hi a . licaticn therefor , IT'Ianen ly disabled fran tJerferminq ': du ies of ':! occupation for whiel:l t."le officer, by reason of his a ie , rainin9 experi nc , loO.lld be capable cf r!crrr..i~, but fer t."'e inj•u:-1 or illness in\'olwd . In de ennining h r /Jrly officer is so rr. n ly duab ed , any dis ility and any kno<m in~ury cr 1llness "' ch pre~xisted the efficer'a t'l'1?lcynent with !'le t'"i y, all dis~ .. ocr. r ' I I • • I .J • • • ,... hearings, ta.l(e evidence, receive information and to make final and binding decisions, a~~ds and resolutions respecting the eligibility of officers for initial, and continued, payrrent of benefits hereunder. (Ordinance 40 Series 1976) 3-7-1-3: RET~tENI' ~ITS: Any police officer in oovered eqploynent wi~~ the City prior to April 8, 1978 and v.tlo has attained the age cf fifty-five (55) years and has twenty (20) o r ro:::e years of credited ~rvice with the Engle-wood Police Division , or a !:1!!i"b!r ,.no has t\·..enty-five (25) years of .-ore of credit with said Englewood Police Division, regardless of ;,ge, shall be eligible to receive a service retirertent pension ~don the ;x-lice officer 's final base pay, allowing t~ and one-half percent (2 1/zt) fer ec11eh of the first blenty (20) years of accredited service , plus cnc percent (1\) for each additional year of accre<!ited service, to a naxinun cf sixty five percent (65\). Calculating the base pay neans the aver;,ge S!llary received as a rerber of said Depa..rtr.ent for one year before granting said ~nsicn . Pension payments &~1 be made in equal rncn~~ly installments o ~~ ~r . 3-7-1-4: L.El\VING SERVICE PRieR~ ELIGIBn.IT'i: ~d any police officer i'l ccvered er-plcyment \•dth the City prior to April 8, 1978 ..no leaves the service cf the City prier to becor!li.ng eligible to receive a pension, for any reason other t.'lan de ~~. a,-,d said r:erber has less t.'lan fi-. (5) l' an cf credited rvice t termination, he shall be entitl o a ref'<lt'ld o f is -;c al oo:'l r i.buticn without i.nt r st ; cr if said IW!'ber has five(S) or re years of credi ed rvice at termination , said officer may el e ~"'er: "· J""On hly nefits pay~le iMing t age f fty-five r' s fir.&l se y, all ing ~ and one-half tor each c f the firat nty (20) years cf accredited r . (1\) fer e ti ar of re<hted ~;im:n c t ahcty-ti ( ) o f bue pay; or rest, t , of Mid~. I • • • • • investments would be authorized investnents by fiduciaries within this State as set forth in Title 15, Article 1, Part 3, C.R.S. 1973, o r any subsequent ar:en<hent thereto, providing that said Board shall a t all times hold fixed incQ~ obligations having a book value or cost of not l ess than sixty percent (60'J.) o f the total contributions made to said Policer-en•s Pension Fund, l~ss the ar:owtts paid out. All securities inves ted shall be deposited with the Treasurer o f the City, as ex o fficio treasurer of the Beard of Trustees of the Policemen's Pensio n rund, ~~d subj ect to the order o f said Board. Introduced, read i n full, and passed on f i rst reading on the 8th day of J anl.la.t)', 1990. ?ublished as a Bill f o r an Ordinance en the 11th day o f January, 1990. Re ad by t i t le and passed en final reading on the 5th ~Y of February, 1990 . Published by title as Ordinance No . , Series of 1990 , on the 8th day of February , 1990 . - SUsan vanoytt;, Mayor At test: City clerk I , Patricia H. Crow, City Clerk of the City of Englewood , Colorado, hereby certify that the fore<JOing ia a true oopy of the Ordin&nce passed on final reading and Plbliahed by title as Ordinance No. _, Series of 1990. Patricia H. Crow -·- I • • ' • ORDINANCENO . 1 SERISS OF 1990f • • • BY At1I'HORITY <XX.JNCn. BILL NO. 4 INTRODUCED BY <XX.JNCn. !'-6-!BER H.lUW;WAY 9 (k) AN CRDllu.NCE APPROVING COOSENT ;.(iRIDirn'l' I~TH THE COLO!WX> DEPAR'IMFNI' OF HEALTH 00 THE CCI'lrAI-IDV>.TED son.s FOOt lD AT 2350 SOl!rrl Rl\RITAN. WHEREAS, soils in and around 235 0 So""t.'1 Raritan were found to be contaminated by high !evel s of lead dUring ~~e City's Paving District 33 project ; and I·IHERF.&,S, the Colcrado Dep~nt of Health ..,-as notified by the City of this contaminat ion ; and h'HERE.IIS , the Cclorado Depart;rent of Health and City cf Englewood have cae to an agreenent ccncerning cleanup of this site ; !-leW , THEREFORE , BE IT Cl!ID.~'ED BY ThiE CITY caJNCn. OF THE CITY OF ~. COLCitZWO , TH.li.T : section 1. The Consent Agr~nt between the City cf Englewood and the State cf Colorado , ~nt cf Health fer cleanup of the ccntar.-J.nated site at 2350 South Raritm is hereby approved , a copy cf •.:~·lich .a.gr nt is at ached as Ex.'li.bi t Introduced, read in full, and passed on first reading a'l the 15th day of Janua.rJ, 1990 . 1990. Published as Bill fer an Ordinance on th 25th Q.y cf January , 1990 . Read by title and passed on fin 1 reading on ~"' St."l day cf F bruary, Publi by tle u Ord.in&: c f February, 19 o. •• riea et l 90, on the 8th day _, A est: y Clerk I, P trio H. Crow, City Cl k of .he City of l htnby cert i ty tha t.he f in9 ia t.nae OOVi ot t.he Or'"',-.... final 1'19 published by i 1 Ord.l.nMc:e I • • • • • • ~-- DEPAA'Il-!E:\"1' OF HEALTH, STATE OF COWR.~ lN THE l4ATTER OF T"r!E CITY OF EN::iLEI-mD nus Consent Agreerent (Aqreerent) is entered into by the Colorado Depa.:rtrent of Health (CDH), pursuant to its authority under the Colorado Hazardous \,'ute Act Sectio:"\ 25-15-301 to 313, C.R.S. (1989) "Oii\A" and the City ct Dlgl loiOOd (E:"Igl ) • CDH ~le-.!OOd rr.ay be referred to cell l ~ly as he ? ~! loWd in entering into this 3. ccn t.Nc:t ct p.;blic ed 6 inoorporat u 1 • tnc. ancS f fault in . . ' ' I • • • • • . . ··~;:c.~~:"•••u •··:• ~:: ':·•:• :'-:"" ·. E:1gle-..r.od agrees to the terms and conditions of this Aqreer.l!nt. '!his Aqreerent shall constitute a require::ent under Part 3 of the ~. Engle-...ood also agrees not to challenge CDH's authority to bring, or the court's jurisdiction to hear, any action to enforce t..'1e terms of this Agreer.ent under Section 25-15-308 of the ~~. SCXJ?E k"'D EFFEX:T OF .~'T 6. This aqreer.ent shall be effective upon the <!ate signed by the last party. 7. The Parties' o'!:lligatiOl'.S under this Agreer:ent are limited to the matters e>Qressly stated in this Agreer:ent or in approved sul::lnissions required hereunder. 8. c:::>H's C~p?roval of any sul:mission, stan<!ard, or actio:-1 under this Agreer:ent shall not constitute a de!er.se to, ncr an excuse for, a;-,y 5\lbsequent violation of any requirerents c f this Agreer:ent, the DiWA, or the ir.;>ler:entinq requlaticr.s. 9. Except as specifically provie.ed. in the folloo..'"inq paragraph, upon t.."'e effective <!ate of this 1oqre«.ent, the State of Colen&:> hereby releases the OC7Ven&nts not to sue ~lewood reqardi.n9 all matters arising out of the aforesaid contal'lination under any ~n law thecry cr state or federal .tatutory prcviaion. 10. The release and covenant net to sue described in the preceding par~aph shall not app y: a. to any liability Enc;l•...ood ray have arising fr<D conditiona that are urJcnown to CDlt u cf the effecti <!ate of t."Us Aqr nt, if suc:.'l conditions ~ y pcse an izT.in nt :'ld s.lhatant.ial enda:'lge~nt to hlr.an health cr the e:wi:-.t: .,.:_ ._ ~-.. b. icn c. if DYJl...ood f 11 to~ the Am~Mn'tJ or •• I • • • • • • f. E:lgle-"'-''d 's failure to CO."T\.)l y witl1 Oil~ (statutes, regulatior.s,) this Agree::ent or any ether ~licable li!' .... 11. Engle-..ood shall CC/:'91:1 · .. -ith any applicable federal, state or local la--.-s cr regulations and obtain any necessary approvals or permits to conduct t."le rer.edial activities required by this Aqreen!nt. LD-UTATIO:~ OF LIASILI'l"i a:>H shall not be liable for any injuries or da.TMges to persons or property resultL,g from acts or ~issions of Engle-~, its officers , ~loyees, agents , successors or contractors in carrying out activities purst:ant ~o this .;gree.-ent. a:>H shall not Of! held out as a party to any contract entered into by Englewood in carrying ou t activities ?U"SUant to this Agreer:ent. Nothing in this Agreer.ent shall cor..sti tute a."'' express or inplied \o:ai ver of sovereign inrunity other.nse applicable to c::>n, its errployees, agents or re?resentatives. 12. Englewood shall suh1\it to a:>H \o.Qrlc plan for approval. The ~rk plan will detail steps Englewood w-ill take to re!"CVe c r treat the ;.;aste in an environnentally sou.~ I'".S.'Vler , in acccrd!nc •1.th the COlorado Hazardous 'fiaste Act and its regulations. CDH shall a~ise Engle-.IOOd o f its decision to approve cr disapprove t."l~ work pla."''. If C!:l!i dis~pt>roves the \o.Qrk plan, a:>H shal l inclu~ a statenent outlining the nodifications necessary !or approval and explaining \lny t.."le nxtificaticns necessary fer approval and explaining -.1:\y the nodifications are necessary. Once &FJ9roved, the wcrit plan shall be dee:ed ineerpc:ra in o this Agreerent. -l- , I • • - • • • • • . . . --...-... -·· . - Englewood shall reir.Curse CD!i fer the ocst of reviewin9 sul:Jnittals required under this Agreer.ent in accor~ce with the schedule established in 6 OCR 1007-3 Section 100.32. ?ayr.ent is due 30 days after billinq by oepartr.ent. SUch payrrents by =:n;lewood shall not constitute an express or i.rrplied ad!\ission that ~lewood has in any way violated CiliA or its i.rrplSTentin; regulations. Such arrow'lts shall not exceed $2,000.00. !JOI'ICES Unless other.rlse specified, any report, notice o r other camunication required under the Agreerrent s.l;al l be sent to: FCR CDH: Frederick R. Ool.-sett Jl.a.zardous Msterials of \~aste ~~aq~nt Division Colorado Dep&rtr.ent of Health 42 01 East 11th Avenue Denver , Colorado 80220 FCR~: J~o9er w. Fruer, City Mana9E1r City of fln9lewood 3400 South Elati Street ~lewood, Colorado 80110 '1he partiH 'lfiM'/, by 11\Jt\:a.l oonse!'lt , I"''d.ity this A<;r . nt by · .. Titten -~ ...... t. ~ CJrlUGHTS CDR the d t to bdt)9 any action to civil tiH for any put, pc"eMnt or Mute viol Ucna of OM and CDR h&urdawl • rec,ulat.icna 1n ocnnect1on with the f Uity, 8\lbject: to the~· lilldta icna lll't teeth in the ~ Effect of t section (ParA~JrJiFha S tineS I 1nclu.a1ve of wbpuWJr of this lt/Jr..,ent I . • • • • • _;__~~i~~$::!1~$.14-;~-~~-~-:i :~~::.;s_-~~----,.-·.j ·-:-_7 _ . • ~~~:<..:~~;:: :"!::~~-.' ·. ~':-= . ...... . . . AI1I'HCIU Z.Al'ICN 'IO SIGN ~ undersigned warrant that they are authorized to legally bind their respective principals to this Consent Agreer:ent. 'Ibis Consent Aqreenent rray be executed on mll.tiple counterparts, each of which shall be ~an original, but all of which shall be constitute~ one and the sanw aqreerrent. -·- CI'IYOF~ SUSAN V1IN DYJ<E, .1-'.ayor City of ~lewood FREDERICK R. ro..'SE'IT lkli t Leader Joklnitoring and Enforcerent Hazardous Materials Waste ~t Division iiiViD 1. m. .-;. ib. nan AMiaunt Attorney O..ral QR1 ~ lect.ion • I • • DATE February 5, 1990 INITIATED IY STAFF SOUIC£ ISSU£/ACTIOII PIOfiOSED • • • COUNCIL COIIUIICATIOII MEIIJA ITEII 11 (1) SUIJ£CT A bill for an ordinance approving the Colo. Dept . of Highways Highway Safety Contract Safety Services Depart .. nt Director A. F. Stanley Adopt a bill for an ordinance approving the Highway Safety Contract with the Colorado Depart .. nt of Highways, Division of Highway Safety, for Project 19 -90 (see attached). PI£Y IOUS CU1C 1L ACTIOII None. STAff MALYSIS The adoption of th1s bill for an ordinance approving the Hi,hway Safety Contract bet..en the City of EngliiiiOOd aftd the Colorado Depart..nt o Highways, Division of Hi ay Safety, Is required In order to receive the gra11t fuftds for the project . T appl lcat o for this traff c 51 1 y grant was subaftttd In April of ltlt . T purpos of t grant st Is to provide 1 fully lpped eht le nd ot r euary t or a ly llPl td traffic 11111t, 1nd to prov ry tra n ng fo I h of c r 1nd ant Ut,ll •. 117 ,035 . T f 1147 ,lit, II I W t II t ( ty 1 0 I • <H>nwa: 00. ~ rll990-- • • • BY AlmUUTY A BILL R:R AN <H>INNCE Al'PIOfiN:; THE cx:N1'R1Cl' ~ THE CITY CF ~ AND 'l.liE IDAR'JM!Nl' C»' KIGIIP.YS, DIVIS!~ CF KIGMAY SAFETY, STATE CF CCUIWJO. ~. die City of Englewo<i , on behalf of the Englewood Depart:rtent of Safety services, Police Division, has subnitted an application to the Colorado Departllll!nt of H.i~, Division of H.iCJtt-y Safety, for federal fwlding to ocnclJct a traffic safl!ty project; and to~DEAS, the matching funds for this project are included within the Departllll!nt of Safl!ty ServiOI!S Wdget; and to~DEAS, the State of Colorado requires the City to foDIIillly approve the contract between the City and the Division of H.i~y Safety by signature of the Mayor; IU., 'niEREl'at£, BE IT~ BY '1'HE CITY <nH:IL CF 'DIE CITY CF EK:lJ!)(XJ), ~, AS f'CILaiiS: sect on 1. 'ftle contract between the City of Englewod and state of Coloraao ~t of H.i~, Division of IUCJt-y Safl!ty, is hereby ~-'ftw contract generally oontaina the following: 1 . ... • I • • • • • 3. Maxiitun total am:>unt of Contract shall be $276,035 of federal funds: State share of federal funds to be $28,216; City's share of federal funds to be $247,819; City to pay all oosts incurred in excess of this budget am:>unt. City' s reilrburse-rrent by the State shall be contingent on City's contribution of its participating share and upon the continuing availability of federal funds under the Highway Safety Act (Title 23, U.S.C. Section 402). In the event such funds or any part thereof are not received by the State, the State may inrned.iately terntinate or anend this Contract . 4. Term of Contract is date Contract is approved by signature of State Controller and shall terminate on september 30, 1990, and ccrtperusation for work performed or costs incurred shall fall only within this term. 5. City agrees that any subcontract entered into under this Contract shall meet all ar:plicable state and federal requirements and IIUSt be approved by the Director , Division of Highway Safety, prior to execution, and City shall not assign this Contract without prior wri en approval of the State. 6. If City fails to fulfill its obligatio under this Contract or shall violate any of the covenants, ts cr stipulations of thu Contract, the State has the right to te.D'IIinate this Contract for c use. Of the State 11111}' tel11linate this Ccrtract if it terr.u.nes the pl.irlX)ses of the distr1bu 1on of monies under the Con Wl"lllld no lOiliJer served by l 1on of the Project. Int.ro&lced, February 1 1 I} 0 • Publ d 1n full, and • B 11 fc Ordi ized to sign said C1ty of Englewood . lied on fir reading on the 5th day of on th y of n.aary, 19 o. "·crow D I • • • • • MEMORANDUM TO: PllOII: ~n: 808JBCT: Allan P. Stanley, Director David c. Killer, Divi•ion Cbief January 22, ltto IIIGIIIIAY 8An'1'Y ~ -ftAJ'PIC UlfiT Att.cbed i• tbe Bigbway 8efety COntract for our traffic qrant. Prior to reoeivin~~ fun48, tbe oontract _.t be r.vieved by the city and a re.olution pa...S to approve the oontract. We auat return, •• aoon u poeaible, three oopiu of the contract and reaolution. The reaolution ... t bear orivinal •ivnature•. After tbe Myor and city clerk beve •iCJI*I three copiu of the re.olution, pl .... retunt it to -and I will band deliver the three oontracta to tbe Bi...,_y 8afety Depart.ent. ~ David c. Biller, Divi•ion Cbief Jolioe Operatione I . • • • • DH .~RniE:-.T OR AG L M Y :-.L \16l l< CO~TRACT ROUTJ~G NUMBER CONTRACT THIS CONTRACT, Madt this day of 198 --·by anJ b<ll•<<n the State ofC.,Iorado for lheu., and benefit of the Oepanment of'' ~i~hw:gz Division of Hi.st:lliu__ Safety. 4201 E. Arkansas Avenue. Denver. Color d 2 hettinaftcr rtfcrred to as the State, and., the City of En~~~~~~; r~r ~~i ~gefj LQU..'la__~ Englewood Pol1ce Department 3615 South E1 · e E e d, Colorada..._B.111.) lwrr'nal\rr rcferrrd 10 as the con1nctor, WHEREAS, authoril) nosu in the u•• and Funds ha•·e been budaetcd, appropnated and cxhe"" ise m1dc •• ••l >ble and a .,llic~rnt UMJICumbertd balwe thereol' remains available for payment in Fund Number 2001 , G 1 l Account Number 55616 . Conttact Encumbrance Number 99519 ; and WHEREAS, required IPI>f'O•·al , clcatlliCe and coonlination has been accomplished from and •nh appropn1te ... cltt, and WHEREAS, the State is authorized under Sections 43 -5 -401 and 24-t2 -l03, C.R.S., as aaended, to coordinate with the federal qovern•ent and other entitles to develop and i•plement plans and proqraas involvinq all aspects and coaponents of traffic safety in Colorado; and WHEREAS, the State hat received approval and fundinq for iaple•entation of itt Fitcal Year 1990 Hiqhway Safety Plan (HSP) froa the u .s . Departaent of Tranaportation, National Hiqhway Traffic Safety Adalnistration and Federal Hiqhway Adainittration: and WHEREAS. the HSP contain• proqraat and activities desiqned to reduce the frequency and ••verity of traffic crathet or i•prove the operational eCClciency of exittlnq traffic tafety proqraat in Colorado; and WHEREAS, the State deteralnet which aqenclet or entitles would be aost appr opri ate in coapletinq the objectlvet. conductlnq the actlvltiet and pcovldinq the tervlcea required by the HSP : and ~R!A S, the Contractor hat tubaitted an Application to conduct cectaln actlvltiet appcoved in the HSP wh ich hat been approved by the Statt and wh ieh it incorporated herein to the extent conai1tent with tht tee•• o this eon rae : a nd Wt t ~A , the Conte tot. a ( olttical sut..dlvlllon oC tl'l State) has tl'le t cnnleal abll ty to roperlr coaplete the objeeti et and ac tv t •• detct 6 ln Attach ent A oC tl'lit Contract: and WH R AS, t haa b en dttereln d no ltate 1 encr can reaaonlb\y conduct the •ct it •• and provide tht ••rvlc•• r ulred of t t Contractor: n , .. I • • • • • WHER!AS, this contract is executed by the State under authority of Sections 43-S -401 and 24-42-101, C.R.s .• as amended, and is executed by the Contractor under authority of Section 29-l -203, c.a.s .. as aaended, and as authorized by the foraal resolution attached hereto as Attachment B; and NH!R!AS. the Contractor warrants it has taken all necessary ateps to ensure the individual Contractor siqnatory below has the authority to siqn thia Contract. NOW TH!R!FOR!. it is hereby aqreed as follows : 1 . The Contractor shall carey out the proqraa. conduct all the activities and provide the services described in the Scope of Work attached hereto •• Attachaent A. This attachaent is attached hereto and ia incorporated herein by this reference. 2. In tbe perforaance of the work. the Contractor shall coaply with all applicable adainistrative procedures and contract requiceaenta contained in the Colorado Hi qhway Safety Contract Manaqeaent Manual, hereinafter referred to •• the Contract Manual . which ia incorporated herein and aade pact hereof by reference . lucb procedures and requiceaents ace conditions of thia contract . l. Tbe Contractor ahall aubait periodic and final reports to the State accordinq to the cequireaenta of the Contract Manual and tbe reportinq criteria aet forth in paqe 2 of Attachaent A. 4 . Tbe Contractor aball coaply with the budqet for this contract aa aet foctb in paqe l of Attachaent A. The Contractor ahall be aolely ceaponsible for all coats incurred in excess of this budqet aaount . s . The aaxiaua total aaount of the Contra ct shall be 127,,035. Subject to the condition• of this contract, the State and Contractor lhall participate in providinq thil aaount as foll owa : A. •• c. St ate ahare (federal f unds ) Contr a cto r abare Total t 21,2U Zt?.IU U76 ,0lS The ltate there sh 11 be coapriaed entirely of ftdecal fundi a1d1 ava\la lt to the It The I Itt 1 let a oun oc thll contra lh 11 not • c dtd w tnout the b ne t oC 1 r tttn 1u pl ntal contc a c •• cuted pc or to th perCocaance of additi onal a ct v t tl oc tne lncurclnv of lddltionat coete , • 2 oc I • • • • • 6. The State shall cei•bucae the Contractor for the accompliahment of this Contract exclusively fro• funds made available for thia contract under the Highway Safety Act , Title 23, U.S.C. Section 402 . Such ceimbucaement shall be only as provided in the Contract Manual. Such ceimbucaement ahall be contingent upon the contribution by the Contractor of its participating share as provided herein, and shall be contingent upon the continuing availability of federal funda under the Highway Safety Act, Title 23, u .s.c. Section 402, foe the pucpoaes hereof . 7. The teem of thia Contract ahall beqin on the effective date and ahall terminate on September 30, 1990. The effective date of this Contract ahall be the date the required aignatuce approval of the State Controller is obtained on thia Contract , aa evidenced by the date first appeacinq above . Contractor aqceea that any contract work performed or coata incurred prior to the effective date shall not be coapenaated under the tecaa of thia Contract. 8 . The Contractor aqceea that any aubcontcact entered into under this Contract shall aeet all applicable atate and federal requirements and auat be approved by the Director, Division of Hiqhw1y S1fety, prior to execution . Contractor ahall not asaiqn thia Contract without prior written lppcoval of the State. 9. I) Ttraination PY• to LOll Of rundina . The pact iea hereto expressly cecoqnlze the Contractor ia to be p1id, reimbursed, or otherwise coapensated solely with federal funda provided to the ltate for the purpose of contcactlnq for the services provided for herein . Therefore, the Contractor expressly understands and 1qreea all lta rlqhts. deaandt and claiat to compens1tion ar islnq under this Cont ract art contlnqent upon receipt of tuch funds by the State. ln the event such fundt or any part thereof are not received by the St a te, the State aay immediltely teralnate or amend this Contract. b) ttralnttlon toe CIY'f · lf, for any c1uae, the contractor thall f1il to fultlll in 1 t aely 1nd proper aanner its oblioations under thit Contract, or it the Contr a ctor shall violate 1ny of the covenants, ave••• ntt or stipulation• ot this Contract, the State thall thereupon hiVe the r Qht to terain1te thit Con ract foe etuse by v vtnv wet ten nottee to the contractor oC such terainltl on and sp c Cylno h e C ctlvt date th ceof, at 1 lit o day1 Core the ef ec v d e oc u t r•lnat on . In that v n , tl in 1 or unf n shed doc Dtl. d I, I U I, I tVeyt, dr \091, ao4elt, hoto ra 1 and re occa or other • tee al te aced the Contrlctoc under thls Contcae anatl, t the option of the St1 b coa tl copecty. nd the Contrt:tor thall en 1 1 d to just and • u table e • entat on to toy tatltCtetocy woe eo on aueh docu ott n4 other t rltll . O( el I • • • • • Not wlthatandinq the above, the Contcactoc ahall not be relieved of li•bility to the St•te foe any d•••vea auatained by the State by vlctue of • bce•ch of the Contc•ct by tbe Contr•ctoc, •nd the State ••r withhold •ny P•r-enta to tbe Contc•ctor foe the purpoae of aetoff until auch ti•e •• the ex•ct aaount of da•aqea due the State fro• the Contr•ctoc la deter•ined. c) Ter•in•ttyn for Conyeglence. The State ••r ter•inate thia Contr•et •t any t ae tbe ltete deterainea the purpoaea of the diatclbution of •oniea under the Contrect would no lonqer be aerved by co•pletion of the ProJect. The Stete ahall effect aueh ter•inetion by qivinq written notice of ter•in•tion to the Contractor end apeeifyinq tbe effective d•te thereof, •t leeat 20 d•Y• before the effective d•te of aueb ter•inetion . 10. The lpeci•l Pcovialona •tt•ched hereto are hereby ••de • pert hereof . • 4 of I • • • • • IN WITNESS WHEREOF, the partiea hereto have caused the foreQoinQ Contract to be executed by their duly authorized officers the day and year firat above written. ATTEST Chief Cleek Hiqhvay Depact•ent ATTEST •r Title lUte Controller ly J 1 A . snour STATE OF COLORADO ROY ROMER, GOVERNOR A. RAY CHAMBERLAIN EXECUTIVE DIRECTOR DEPARTMENT OF HIGHWAYS JOHN E. CONGER, DIRECTOR DIVISION OF HIGHWAY SAFETY Contractor ly Title IPPIOVALI DUAII& IIOODUD Att orney General ly lAllY I . YAN Aaalatant Attorney Cenecal Natural aaaouccea aeetlon Pa • of 1 ••• • I • • ' ' ' • • • Ferm f.AC ·U:U SPECIAL PHO\lSIO='S COl>'TROLLER'S API'RO\'.\L , I . tl.itCOftVKt aha U not btdtttM4 u1'4 until 11 11\el hl'tkCft IP'P'O'rdb)' tht COMIOIIuoi'Lhc State of Colorado or tuch utillant u he mJ)' du i ll'•t ~. This ,.,_..;.ioft &a a,pliceblc toM)' tofttra.;t "-'ohU\a the P'>"''"' ofmoftC')' b) the State n :,_"D A\'.o\IL.USILIT\' 1. F"lftUCill.-..aa&ioftaoldM Suttpi)IWI •"erlhtc.m.-ftacll)Ut arc c.._, ... .-,..l'wlds fot'&haitpwpou ...,,,.,,,..opnatr4. budacttd l ndOl"'.tf'\ot.IJ« ....... .._. 80lio'D REQl'IR£M£~'T l . lf'dW ..U"'' .,_, ohn dw P'>rN'" ol Mt.Wc ~-M) , ........ doftlrt '-., COMLNctioa.trcch Oft , repair , fftlifttcna nct ,ef im,o,c~cnc o( I tt)' t.,~,~~~"J. f'Oad. \red&t, "•W..-:1 , t~MI ,tlCI\ JhOft or ~twr ~ltltc •cwL, ""1Jw Slatt,lht CONIKIOISt.ah, Mfott t :\ltriAJ lt-.c pc:-fOtft\Mct ofatl) sue" •or .. tnclu ~cJ an :!\11 -en.. .. 1) 1\ctr..tl«' a-d dtl•'ttlO atW 1\lc •dh at.c all'...:•al• hoM""'"'"'.,...,,_.._ few chc State , aaaod aM swffiC IUI bond or cx~.cr u ::r;"ta~t '"'''>to tt.: .....-.4-., tN otri.;tal.,. 1 ""altllllft .. !.h tt.MI ••·'-•W oltt.t ~.o~aJ AlftOMM payat.k ~~the'''"" oftJrus conuKt Such~ th11 be dul) nt:\.!t..S b~ • ~~*'"''">· C'\M\Jit .. 'N<r .. tN Jw aMta•W-.1 ,crfonl'.-..:to/11\t CDMJKI, ...... ..u.-.on,aNftl'fO'* U.at ll&hc contra.:\OfOt tua a..bcotur.a.:tors , ...... .,,.,forM) l.abuf fftl1 t :t l1t ,lflftlt.lrt ,I.,.._PCt .ptii'IIION.~tftdot'Oflilhctlte&,alC'I \olltcfotCDaiiU.tntdb) IIKhCOf\UJ.:toror h1t tub:Oftt:.a .:t.>r"' ~ .. e(tN •o·\. '"'""h'tcJ tO IN doM.tf".-k.tt't ) •lll p.a) the u"'' i,. '" ar.t.Junt lhJt n:uJ:n ' tht awm arcc •r:d "'tl\c boftd , IC"f ethtr .. tth 1nttr u t J t :l"c ,.,.,,,IN ,...-,er.; ..,, at~ftWm l..'\:eu wth NrJ ..,,,,, ao ,,...w.,eJ. •• 1\e:vteJ ,d~t., c·eJ and IHtd, r.~ ,laun "'ra,orohtoc contractor , ..... "1 , ~ndtt lh•• ,~,.:a :t ....... MldM'-e1W.... d or p~ed A .:ci'\J" .. det uducr'l .:hr.:\. Of 1 tt..nk lftOnt) Of4t• pl)lbac IOlht T ruhutroi'O\t Sta:e ofColoudo rra) be a~·ce;ttc4 11'1 h C'J 3( J ..... Tllil-·-. io ..... pl .... " •Mh Jl·l6·106 Clll ... -··· L'"D£M~lnCAnos ... T• ........ ·~··.,. .... at..,..,....... ....... .. ,,. 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AJnr.Mi,.AclieooiA,.a 16,1t7J .,..,... noloa,roploliou.oror4cn promolaotcd ial«oniMCodlorc•iiii,IM-'--•nNJN._od ... ..-u_kia..,.odu,...i4odio£uu.;•oOrdcr.E40•10J'IIO"••ityand Alli.,.oci .. Aeliorl ol A,.;116, lllJ, or 'r Nlol, ropiMieu, or ..... -llllod Ia 1«ordoocc ,...,......_ ot u odlorwiac p<o•idcd by law. (I) The COftUictOr wm iMWc tlw ,..,it font tlpwa~apll( l)\twou~J'(I)ia "'r)' I .. COAUan end liJkOftU'IC10f purctrluc order wnlrn cumytc~ b ~ l".:~u . ,...,la&ioAJ,OtMI:rt ...... ,.,...ua•!aecwti.,.Clr*r, t..,al~-All\nN&iwc Act.ieaol Apriii6,197S,ao &h.atwchprovit.on• •lll be btnd•l'l l -... ~,__or.....,.,.. __ .,.,._.....,.-.._. • ..,..._ ..... ,., ,...o.aa-r u 11w _.,actina '''"'I" '"'1 .. ct. u 1 ..... .,,...,.....,..,....._, ........ ......_.,-lll,lllft;,......., llowt•cr,dY1iadM •••• &he tOfiUKIOf become• in•oh cd Ia, or ill!vcMtM4 •·idt, .......... willll* ..,.__.., er ,.,..,...at a,,_. elattd *tctioa b)' the COftllactiftl IIWMJ, the conuaetOf ~t~ar ttquctt thc St ate o1 c-• • .... , •-~-.-• _. ........... o1111o .._ o1 c-.._ COLOIIADO LAIOII PUFIUNCI H. p,..i .-oll·ll·IOI A IOl. CU fer,..,.._. oiC-· IIMr.,. ....... 10 .... •-oa if public •or\• •11hoo the Stotc arc on~cr:.b o hc:con· ..................... -or.-~ ........... 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I _.a or--...,--........... iol 1M aa rvlct • ,_111 ........ ..._ ,,c::.~IIII'MIIP'M; .. p • ........ , ............ ~riLe~"' ' ........... .._)______________ "·"·- ROY ROMER. OOV£aNO ~~:=~~~-----------------...... (Ttllo ) ____________ _ A1 ~z===========~--~=========== .... t .... .... ~~ . -... I • • • • • COLORADO DEPARTMENT OF HIGHWAYS DIVISION OF HIGHWAY SAFETY CONTRACT OBJECTIVE PLAN Stale Program: Public Ways S1a1e au.ttrogra•· Reduc e traffic craehee by 5~ end inereaee traffic eltatlone by 5~ over a five year aver•&• (1914 -1911) by deployin& a dedicated traffic unit for eeleetlve enfore ... nt aetivltlee throu&h 9/30/90 . 21 -05 .1 21 -05 .2 21 -05 .' 21 -05 .4 • Purchaee one co.puter Calero) peripheral• and eoftwere for uee in tha followin& activitiee throu&h 9/30/90 : ldentlflcation of hl&h hazard location• for eelectlve enforc-t proar._, Analyeie of traffic enforc--.nt data (citatlone /arreate/ diapoeltlona/loeatlona), aoadway hazard ~orh an4 Traffic enforc...nt activity ~rte Provide trainlna in accident inveeti&atlon and recon1tructlon at the Colorado Law lnforc ... nt Tralnina Acad.., for the eiaht officera and one &eraeant aaaianed to the Traffic Unit throuab t/)0/tO Pure 11 ~l,._t lncludll\& a fully .. ul,.. patrol vahlcla for uae n a ccident lnveetlaation an4 aelactive enforc-t actlv l •• throu&b t /3 0/tO O..lot traffic unit. for 10,,00 boura of enforc-t and related attlv u .. and uoo ra o f euparvhlon <&ara-t) Ulrouah tiJO/ on 4120/90, 71l0/t0 ct ev luet o !d •s d ye \\/15190 . .._ .......................... ... I • • • • • • COLORADO DIPARTIIINT 01' HIGHWAYS DIVIIION.OI' HIGHWAY IAI'ITY CQNTRACT EVALUATION DATA ~ojeetl ,.._ .... 21-05.1 21 -05 .2 21 -05 .3 21 -05 .4 21 -05 .5 Provide an equip8ent accountability fora for co.putar and, on a quarterly baaia, provide a narrative daacription of data analyaia activitiea includin& a liat of hi&b hazard locationa, typaa of craabaa Vhich ara occurrin& at tbaae location• and citation• written at thaaa locationa . Provide an analyaia of traffic anforc ... nt data alOft& with • ..,lea of output raporta and a au..arr of roa4war hazard projacta . Provide a daacription of tba trainin& received, br Whoa, and an evaluation of the uaafulneaa of tba trainina . Provide an aqui,..nt accountabilitr fora for the vebicla and related aqui.-ant . Provide doacription of nu.bar of hour• of -fo~t br location, nu.bar of citatlona written and correlate wltb probl ... ldefttifl .. ln Taak &ctivitr 21-os . ware QYarterlr report. and final illpact evaluation provi ... f Include Ln the final l.,act evaluation : .u.bar of craehea co.,ared to • flva r•• evara&a .u.bar of citetlone c..,arad to • flva r••r avoraaa An evlluat.ion of tile L.,rov-t. i• accident levaetlaatia. and rec0111truetlo toetlllll•uo• a deecrlptlOII and avaluotloe of Mloctlv -rorc-t proj ect• ..... ...1-.. r-· T,.eel lleport •-Tl-lrame Adainiatrat.ive/ Quarterly/ Performance Final Parforaenca / Quarterly/ Final Adainlat.retlva Quarterly/ Final I.,act Quarterly/ final Parforaence Quartarlr/ Pinal __ .,. ____ .. _ ---=: I • • • • • COLORADO PEPAATMENT OF HIGHWAYS DIVISiO~OF HIGHWAY SAFETY CQNTRACT FINANCIAL BUDGET 1P'0JK1 • 19-90 HSP o 90-02 __ .. Dit"*vttOf'l ol DHIF-1 T•oll • To.., ·-, •....... ) c ••. DHI ... ,. ..... Oilier ... , . Loc•l 21-05 ua,o35 Ul ,216 2H,I19 S2B, 216 ' T 1276,035 IZI,2U 2•7 ,llt UI,ZU IUDGlT AllOCATION I • DATE February 5, 1990 INITIATED IY STAFF SOURCE ISSUE/ACTION PROPOSED • • • COUNCIL COMMUNICATION AGENDA ITEJI 11 (b) SUBJECT 1990 Urban Home- steading Progra11 Application Department of COMIIUnity Development -Housing Division Richard S. Wanush, Director of Coaaunity Develop~ent To approve the resolution to apply for 1990 Urban Homesteading Progra• funds in the a.ount of $125 ,000 and to appoint the Engl~ood Housing Authority as the Local Urban Ho.esteading Agency (LUHA). PREVIOUS COUNCIL ACTION Approved su~ittal of Letter of Intent to apply for 1990 Urban Ho.esteading Progra. funds. The Council revieved this prograa at a study session on Dece.ber 11, 1989. There was considerable debate and discussion concerning the "fairness• of such a progr... There was also concern that these houses should be delolished instead of sold since they wert in such poor condition. These issues are explained tn the at- tached ...a and a reca..endation ts aade concerning the deaolttton of substandard housing. d tlo nt o a progr to provtd h ership opportuni · rs by pure astng foreclosed properties froa HUO and th tltatnate pottnttal n tghborhood eyesores. I . • • • unit. The rehab funds would be supplied from the existing bank line of credit pro- vided by First Interstate Bank of Englewood, First National Bank of Englewood, Re- public National Bank and International Bank of Englewood. The minimum income limit will be set for no less than $12,000 annual income for a one-person household, but a fa•ily will need closer to $20,000 annual income to com- fortably qualify for a $25,000 rehab loan. This rehab amount is based on an inspec- tion of eight eligible Urban Homesteading units located within the proposed target area. This amount would allow each hoaeowner to substantially rehabilitate the property including bringing the unit into compliance with existing codes and ordinances. Fa.ilies would be carefully screened prior to being selected for a home. They will be required to have at least a two-year eMplo~nt history, plus a good credit rat- ing. Their total debt ratio must fall within acceptable li•its. The progra. will probably require personal references as well as require a reference fro. their cur- rent landlord. An inspection of their current ha.e could also be required. The progr .. does not allow 1 preference for residents, but 1 resident .ay be given 1 priority. The Urban Homesteading Selection Co..tttee will finalize the selection policy. The Urban Homesteading Selection Co..tttee will be co.prlsed of the three- -..ber Rehab loan ComMittee, plus Richard Wanush, Director of Ca..unity Develo~nt, and Paul Malinowski, Executive Director of the Englewood Housing Authority. The faMilies will be required to comply with at least the following conditions for a five-year period following occupancy: 1) Property Inspections every 6 months to insure proper •aintenance and housekeep-ing; 2) No rehab pa~nts delinquent for more than 30 days to the EHA; and 3) The property .ust be owner-occupied . If the f .. ily does not ca.ply with the required conditions, then the ownership of the property will auto.atically revert to the City or its designated local Urban Holesteading Agency (lUHA). The Englewood Housing Authority Is the best agency to act as the lUHA. Selected ho.towners will be required to participate In a .afntenance workshop to be sponsored by Rehab staff. Each fa.fly will be instructed on the proper prtv ntfvt .atntenanct of the ho.e and how to fix •tnor household repairs . C nity Otvelo nt Bloc Grant (COBG) funds can be cOibtn with th Urb n ~- steading Progra to assist elfgiblt applicants . Th st funds can be used fn t pr1 -ry ays : l) To blend the Interest rated ward fro. current pass ·thru rate of 10 .81 ; and 2) To be used to purchase units that uc td t $25 ,000 1 t• t . Any COBG funds ustd In co-Otnatfon with th Urban HQ.e t ding Progr uld r • paid by th tlfgfblt appl cant . ted SlOJ ,770 to adafntst r housing related t vtt 1 n 1119, and ha pproxt ltly S78 ,000 fn 1990 . I . • • • • ,. • RECOIItEHDATI ON The Department of Community Development recommends that the Council authorize the submission of a Urban Homesteading Program application in the amount of $125,000 and name the Englewood Housing Authority as the designated local Urban Homesteading Agency. I . . RESOLUTION NO . Ci SERIES OF 1990 + • • • A RESOLUTION AUTHORIZING THE CITY OF EUGLEWOOD , THROUGH ITS DEPARTHENT OF COMt-tuNITY DEVELOPMENT, TO FILE AN APPLICATIOtl FOR THE URBAN H0!-1ESTEADING PROGRAM AND TO NM1E THE ENGLE~·JOOD HOUSING AUTHORITY AS THE DESIGNATED LOCAL URBAN HOMESTEADING AGE!ICY (LUHA) TO ADIHNISTI:R THE URBAN HOHESTEADING PROGRAM FOR THE CITY OF ENGLEWOOD. WHEREAS, the Urban Homesteading Program provides grants to local governments to purchase foreclosed properties from the Housing and Urban Development Department (HUD) and the Veteran's Administration (VA); and WHEREAS, to compete in the Urban Homesteading Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the City of Englewood must name a designated local urban homesteading agency to administer the program; and \fHEREAS, the Department of Community Development desires to apply for these funds for the Urban Homesteading Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1. That the Department of Community Development is h reby authorized to fil an application for the Urban Hom steading Program for the City o f Englewood, Colorado . Section 2. That the Englewood Housing authority is named a the Local Urban Hon st ading Agency (LUHA) for the City of Englewood, Colorado . That the Hayor nd the C1ty Clerk are to s gn and t 1 all n ce1sary for s, doc nt1, assurances and cer i!ication1 tor the Urban Ho 1 ead ng Progr for nd on b half of th Ci y Counc 1 nd th City of Cngl wood. ADOPTED A 0 APPROV£D h I 5th d y of F bruary, 1990 . , Hayor H. Crow, rk -1 - I • • • • • M E M 0 R A N D U M TO: Roger Fraser, City Manager FROM: Richard S. Wanush, Director of Community Development DATE: January 25, 1990 SUBJECT: Urban Homesteading Attached is 1 Council Communication regarding the establishn~ent of an Urban Ha.esteading progra. in the City of Englewood. At the Council Study Session on O.ce.ber 11, 1gsg, this progra• was discussed at length and no fi~ deci - sion was reached. I a. requesting that this progra. be scheduled for the regular Council .,eting on February 5, 1990 , so that we can su~it an applica -tion by the requested date of February 15, 1990. At the Study Session, there were so.e objections to this progra. based on the equity of "giving away• a house to so.e people while others had to struggle to •ake pa~nts. I certainly understand this argu.ent, but offer the following observations : 1. There are fa.ilies and individuals who, while Nking a rea - sonable incoee, are not financially able to Nke their ftrst ho.e purchase. This progra. gives th .. an opportunity to beco-e hoeeowners . 2. While the ho.es are "given away•, the potential property ers do not acquire th for "fr"". They •st reside In the h s for a period of five years before the tftle is turned over . I add ition, th y •st rthabi11tate the h01111 at an esti ted cost 3 . 4. of 125 ,000. This uld r qu r 1 .onthly p nt of S255 .00 al so est te that th typ c 1 f ly of our o uld dvantag of h S progr Uld hav In Of appro $28,000 . • 1 • s lt 0 tool " I . • • • I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify that the foregoing is a true copy of Resolution No. , Series of 1990. Patricia H. Crow 0 I • • • • • • The price should be lower to justify the necessary rehabil ita- tion. These properties are 1 ikely to stay vacant until the price drops. At the same Study Session, Council was clear that they wanted to look at al- ternatives that would lead to homeownership. It occurred to me as I was vis- iting the eight HUO and VA homes that I mentioned earlier, that no single pro- gram could address the variety of housing problems we have identified. While I strongly believe that the Urban Homesteading program should be a part of our housing strategy, it has limitations both in quantity (5 homes per year) and in effectiveness (it cannot address homes that cannot be rehabilitated). There are two programs that we can implaent almost i.aediately that would comple.ent Urban Homesteading: l. We should develop a systa of identify i ng people who purchase the HUO or VA homes on the 11arket and uke them aware of our existing rehabilitation loan program. 2. We should begin a program of purchasing the HUO and VA homes that we determine should be de110lished, and offering lots for sale to home builders . I have spoken with Paul Malinowski and hi s staff, and with single -family home builders in Englewood . The basic progra • outline would be as follows : 1. Property Identification : a . All HUO and VA residential properties will bt i nspected to determine i f they are appropriate for rehabilitation or de1101i t i on . b. Other propert its iden t 1 fled through code enforc .. nt or co.plaints will bt added to our list of properties suitable for conde.nation. 2. Financing: Tht properties will bt purchased usif19 _,..Y ava ilable through Fund 72, Housing Rehabilitation. This fund contains r hab loan rtpt,YIIents and can bt spent at the dfscretton of City Council. Approxiultly SJOO,OOO could bt ude ava lablt to purchase 1nd d..ol sh. Using HUO and VA ftgurts, thh uld 1110unt to ap -proxi~~ately S25 ,000 per he.., plus Sl,OOO for d..olttton . 3 . Subsid : Thtrt art various places in the process thtt could include a subsidy . Wt have not yet narrowed tht d ch on sfnct art sttll tal 1fl9 to holle butldtrs to try and dtttrmfnt wtlat IIIOUld 111kt t~ parttcipttt In tht progr... Sole possibllittts lrt : a. Wrltt da.n tht UI,OOO cost of laftd aftd dellol ftion to 115,000 to UO,OOO . Thfs • .,., that tach PI"'Ptrty 1110\tld tatl a cuh cost of se.ooo to su ,ooo not includlf19 • 2 - • D I . • - • • • • • staff. Our initial fund would be depleted after 7 to 12 units. b. Work with lending institutions to provide low cost con- struction loans to builders. We could also use our money to provide no-cost construction loans. This would involve $40,000 to $60,000, but would be repaid when the home was sold. c . Market the progrAm and develop a waiting list of eligible applicants. Provide them with long term permanent financ- ing through local institutions or through the mortgage revenue bond progru. This would insure that the builder had a buyer before he would commit to construction. d . A co.bination of the above . Th e progra• would operate as follows: 1. City i dentifi es property. Z. Ci t y an d bu il de rs would agr ee that property is sui t a bl e. 3 . Ci ty wou l d purcha se property and de.ol i sh structures. 4 . Va cant lot would be -ade ava i lable to bu il der s on a bidd i ng syst •. 5 . Ci ty and builder i dent i fy el i gi bl e appl icant . 6 . Bu ilder builds hou se . 7. Hous e sol d to el i g i bl e applic ant . This syst• will work w ll wi t h HUO or VA "-es a s long as w can u ke t he purchase for $25,000 or less. The s ... hol ds t rue f or ot her derelict proper- ties, except w cannot force a sale. We can require cte.llttiOft, tM.tt w cannot be assured of acquiring the property in every c ase without a willing seller . E• Mnt douin would have to be used. I btlitve this varied approach of Urban ~steading plus dteol1tton and n construction 1s sound . I r c~nd that Counctl authorize 111 appl cation for Urban ~steading and direct staff to put together .ore details on the d -.ol1t1on and n construction progru. . l . • D I . • • • • ---- li li 0 8 0 .. ! .. 2100 s . J 8 ~ c II. i ~ J ,!! URBAN HOMESTEADING TARGET AREAS 1100 •• JIOO I . 3100 I . H•••••" City of Englewood -· ·-· I . • - • • RESOLUTION NO. SERIES OF 1990 (D • • • 11 (c) A RESOLUTION IMPLEMENTING THE MEASURE APPROVED BY THE ENGLEWOOD VOTERS ON JANUARY 30, 1990 RELATING TO THE COLLEC- TIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION/ AFSCME LOCAL 3 0 3 • WHEREAS, a Special Election was held on Tueaday, January 30, 1990, for the purpose of determining the aaount of pay raise to be authorized for .. ploy••• within the bargaining unit of the Englewood Eaployeea Association/AFSCME Local 303: and WHEREAS, the qualified electors elected the position of the City of Englewood by the highest nuaber of votes, which is for a 2.0 percent pay increaae: and WHEREAS, aection 137:6 of the City of En;lewood Hoae Rule Charter atatea, "The position or reco ... ndation receiv- ing the highest nuaber of votea shall be de .. ed approved;" NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OP' THE CITY OP' ENGLEWOOD, COLORADO, THAT: section 1. That the 1911-1989-1990 Collective Bargain- in; Contract by and between the City of En;lewood, Colorado, and the Entlewood z.ployeea Aaaociation/AP'SCKE Local 303, is ... nded to incorporate the 2 • 0 percent pay increaae, and the .... shall be i apl ... nted aa or January 1, 1990. ADOPTED A1fD APPROVED the ---day of February, 1990 . Susa n Va n Dyke , Ma yor Patr c a r, ricia a. crov, City Cl e rk tor • City ot , Colora do, beJ"eby tty t.be above ie a true copy eolu ion •o. _____ , l e J"l o r ltto • • I . • RESOLUTION NO. JLl SERIES OF 1990 • • • A RESOLUTION APPROVING POSITION STATEI·IENT \HTH RESPECT TO HUNICIPAL SETTLE~IENT ~HTH EPA. \'llfEREAS, the EPA recently announced "Interim Policy of CERCLA Settlements Involving Hunicipalities and f.lunicipal Wastes" (Interim Policy) published on December 12, 1989 in 54 Fed. Reg. 51047; and UHEREAS, the cities of Englewood and Littleton jointly own and operate the Bi-City Treatment Plant, a publicly owned treatment works, and the plant currently sells sludge for use as a fertilizer and previously sent its sewage sludge to Lowry Landfill, a municipal landfill as defined by EPA's policy; and UHEREAS, EPA h as identified the plant as a potent i ally responsible party for cleanup costs associated with the Lowry Landfill; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. City Council hereby approves the position statement, attached hereto and incorporated herein by reference, with respect to municipal settlement. Section 2. The Mayo r i s hereby authorized to sign sa i d po sitio n state nt f e r and o n behalf o f City Council and the City o t Engle~oo d, Co l o rado . ADO PT ED AND APP ROVED this 5th day o f February, 1990. A est: Patricia H. Cro~, Cl y Clerk I, P ric1 a u. Cro , c y Cle r k tor the City of Colorado, here by c r ify ha the for e go n9 i s a t r u l e olu ion o. ___ • 1 ries of ltto . Pa rl cl a A. Cro~ n l e~ood, co.,y of ... 13 (a) I • • • • • City of Englewood OFFICE OF THE CITY ATTORNEY Roclt O.Wm . C~~ Anor~ Charles C Gromm . As1111•nt Coty Anor.,., D•n•el L 8roumen As11S1•n1 Co1y Anor.,., Kathleen MacKinno~ February 5, 1990 u.s. Environmental Protection Agency Office of Haste Programs Enforcement Guidance and Oversight Branch (OS-510) 401 M Street, s.w. Washington, D.C. 20,60 ~ S E!e1o Slr"l Englewood , Colored() 80110 Pnone 1303) 76H1•0 Re: Comments on EPA Interim t·1unicipal Settlement Dear Ms . MacKinnon: On behalf of the Cities of Littleton and £nglewood, Colorado, we submit the following comments on tPA's recently announced "Interim Policy of CtRCLA Settlements Involving Munic~palities and 1un~cipal ~astes," publ shed on December 12, 1989 (5 4 Fe ~. Reg. 510 47 ) (he reafter "Inter Policy"). T e Cities of Ll tleton and Englewood are residential communi ies located south of he City of ~nver . Since 1977, Lit leton and Englewood have jo ntly owned and operated the 8i-C~ty Treatment Plant ("the Plant"), a p bl1cly owned tree nt works (POTW) built o tree waste ater coll c d fro each municipallty . T e Plan ditch rg • treat 4 •• atere to etat waters . ~h Pl n also gen rates sewage sludge • a by-product. The Plant currently tells this slud e fer uee as a !ert 1 zer. Howev r, t po1n 1 in the pas , he Plant sen lts s wage sludge to the Lcwry L ndfill, Mun c1pal land 111 •• d fined by EPA's policy . .. I • • • • • Kathleen Ma cKinnon EPA Waste Programs Enforcement (OS-510) Page 2 February 5, 1990 Generally, we support EPA's efforts at developing a t-!unicipal Settlement Policy that recognizes appropriate distinctions in the Agency's treatment of municipalities under CERCLA. In particular, we agree with the support EPA's recogniti o n that municipal waste is generally characterized by large volumes o f non-hazardous substances that may contain small quantities of household and other hazardous substances. This is also true o f much sewage sludge generated by mun icipa l ities . Ho we ver , we be l ieve that several statements or positions expressed in t h e Interim Policy need to be clarif ied or c o rrecte d . 1. Informati on Requests The Interim Po l icy first addresses the issue o f whether to include municipali tie s in information gathering efforts under section 104(e) of CERCLA. The Interim Policy states that all municipal and p r ivate party owne r /ope ra tors and generator /trans- porter s should be included in this process. If EPA intends to include municipa lit ies in its informat ion gathering efforts, we believe it is essentia l f o r EPA to require of i t s Regions that any information request clearly explain that it is not in any way a determination that the party is being identified as-a PRP. Information request letter s that are misconstrued as preliminary determinat ens of PRP status can have serious detrimental impacts on munic1palities. 2. Ident fication as a PRP The policy goes on to address the important quest1on of when a Mun1c pality should be identified as a PRP. Uith respect to sewage sludge, the policy prov1des that generally EPA w1ll ~ notify municipalities unless: the Reg1on obtains site-sp ci!1c inforMation that the sewage sludg contains a hazardous sub- stance, nd th Region has reason to believe that the hazardous substance-fa derived from co rcial, nat tutional, er 1ndustrial orocess or activ ty. Uhile w appl ud the policy's preaumption that send1n9 sewage alud9e o a si e generally will not rigg r noti!icat on as a PRP, he policy does not 90 far enough. To b gin with, in allowing a Region to rebut this preaumpt on, the policy ap ara to es abl ah t 4 !terent atandarda: the Region mus d ter n that the s wag alud;e conta na a hazardoua aubatanc based on aite-ap e tic infor ion, bu th n •us .. rely have •a reason o believ ~ h h hazardous subs ance ca fro a co rei 1, inat tution industri al procesa or act v y. We bel eve tha the 1 hould b cons s n or bo h parts of PA's • I • • • • • Kathleen MacKinnon EPA Waste Programs Enforcement (05 -5 1 0) Page 3 Februar y 5, 1990 determination . Thus, the Region also should be required to determine, based on site-specific information, that the haz- ardous waste comes from a commercial, institutional or industrial process or activity . If EPA disagrees, at a minimum it must provide some guidance on what forms the basis for a "reason to believe" and what information is needed for EPA's Regions to meet this cri- terion . In addition, EPA must define the terms "commercial, institutional, and industrial" (CII) used here and elsewhere in the policy. The terms are vague and if broadly interpreted could result in the inclusion of inappropriate activities. For example, is a store or an o ffice considered a CII source? If yes, how is waste frcm such sources likely to differ from that of normal household wastes? In fact, we believe that the municipal policy draws an arbitrary distinction between sewage sludge coming from PO~ls that accept only household waste and domestic sewage and sewage sludge com1ng from P O~:s that additionally receive contribut ions from commercial, institutional, and industrial processes and activities. From an environmental standpoint, there may be little, 1f any, difference in pollutant concentrations and potential environmental concerns between he two. The pol1cy i self c1tes studies demonstrating that household waste routinely contains such things as pest cides and solvents, substances t~at, t co 1ng from a co~.ercial, inst tut1on 1, or industr al source, could be considered hazardous su~stances. In addlt on, fro a practical It ndpo nt, 1t 1s l1ke y hat t • vast a)orlty P s 1n the Un ed States rece1ve so ccntrtb on fro eo rcial, 1nst1 utional, and ndus r1al so rces. To 11 1t the prot ct1ons ct he pol1cy n he ea• of • e P s ld s ver ly 11 1 he ov rall •cepe and b n i of pel ey. I • • • • • Kathleen MacKinnon EPA Waste Programs Enforcement (05-510) Page 4 February 5, 1990 3. Settlement Issues A third area addressed by the policy is the treatment of municipalities in the settlement process. l<e applaud EPA's recognition that in some cases, special provisions may be appro- priate for settlement with municipalities --among them, delayed payments, structured settlements, and in-kind payments --due to unique limitations on municipal powers. 1:e believe , ho,.ever, that the policy additionally should authorize and encourage the use of broad covenants not to sue, as well as exemptions from reopener& for municipalities. It should also specifically address the issue of allocation. EPA's pclicy recognizes that a mun1cipal1ty's status as a governnental entity can impose unavoidable constraints on its ability to carry out obligations as a PRP. On e example used s a municipality's need to hold special votes involvi ng its leg sla- ture or Cltizens 1n order to gain approval to issue bonds or arrange financing. State statutes or constltutions may also impose 1 mitations on the amount of funds a Dunic pal1ty is authorized to raise or the time o f such effcrts . In addition, as is the caae in Color do, municipalities may be legally unable to enter nto agree~ents that oblig te heM o open -ended financial commitments. These and other constra1nts ar sin~ from a municipallty's ltatus as a govern n en lty ake t appropr ate o cons d r sp c al settleM nt ?rovia1ons. Ind ed, spec al ay be nee~ed to enable a nic pal y to en er into vh re it 1 ot e 1se ll1n o do so. ... D I • - • • • • • Kathleen MacKinnon EPA Waste Programs Enforcement (05-510) Page 5 February 5, 1990 above, municipalities face special constraints inherent in their status as governmental entities, among them prohibitions against incurring future ~ebt. In the case of private parties, CPA guidelines allcw for consideration of financial difficulties by recognizing bankruptcy as an "extraordinary circumstance" excus- ing reopeners. • l1ke private parties, municipalities are limited in the1r ab1l1ty to obtain bankruptcy protection f o r CERCLA liabil1ty. Ho~ever, the unique financial and public policy constraints on municipal generators should be entitled to the same consideration. Another issue concerning settlements that is not currently addressed by the policy is the issue of allocation. At most CERCLA sites, t~e sole or primary basis used for allocating responsibility among PRPs is the volume of waste sent to a site. This is because it is the factor for which the most information usually exists or simply because it is the easiest approach. In addition, it is often the appro ach most favored by major private PRPs, who often control private allocation negotiations and wish to coerce the greatest assessment from other PRPs. The Interim Policy acknowledges that municipal waste generally involves large volumes of non-hazardous substances with only small amounts of household and small quantity hazardous substances. The sa~e is true for sewage sludge from PO~ls that generally would net be notif1ed as PRPs under this policy. Allowing vol u to be use~ as the basis for allocation in sue~ c1rcumstance1 is gross ly unfa r to nun cipal1ties . Yet mun1cipal1 1es of en ~ave li tl abillty to influence o r control such alloca 10n schemes when pushed by powerful private PRPs. The result 11 hat mun1c1pal t es either are coerced 1nto ccepting an untair burden or are unable to se tle, leav1ng th n to be unta1rly lab led at "recalcitran s• and po entially ubj ct tO XCIIIiVe p nalt et • To prev n such clear inequitiet, CPA's policy should prov de that v olu 1s rarely, 1! ever, an appropr ate ba111 fer d ter n1n9 ta1r and eqv1tabl allocation• for POTWt. Other qu t ble t c ors --na ure of a POTW's was e, financial constra n d on un1cipal1 ••• the 9eneral 1 b l ty ot • w 9• slud9 u1 b eonsid r d. An explici recogn tion of h inappropr 11 ct us ng voluae w 11 help P~Ps to mor ickly re ch ble s l ng th mselvet. I • • • • • Kathleen MacKinnon EPA \Jaste Programs Enforcement (05-510) Page 6 February 5, 1990 4. Retroactivity Finally, although not explicitly stated in the policy, at the public announcement of the ~lunicipal Policy in December 1989, Bruce Diamond explained that the policy was to be prospective only. We strongly disagree with this position. In order to be truly fair, the policy should be applied retroactively to relieve municipalities of burdens unfairly placed upon them in the past. Even if EPA is unwilling to agree to this, EPA must at least clarify that the policy does apply to multi-phase sites where municipalities may have been involved in earlier phases. This is the case at the Lowry Landfill. At such sites, municipalities should not be required to remain involved where, under the Interim Policy, they would otherwise not be involved. Ue thank you for this opportunity to submit ccQments. Very truly yours, Susan Van Dyke :ayor of Englewood, Colorado bb ... I • • RESOLUTION NO. ~ SERIES OF 1990 • • • 14 (b) (i) A RE SOLUTI ON DONATING FUNDS TO AGENCIES BY THE CITY OF ENGLEWOOD. WHEREAS, many nonp rofit organizations request aid from the City government to help carry out their charitable programs; and \ffiEREAS, City Council has discussed these requests and made determinations on what agencies and amounts it wishes to contribute ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TilE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood hereby designates the following agencies and funds for distribution: Inter-Faith Task Force ~leal& on Wheels Parade Association Arapahoe House Arapahoe County Mental Health Gateway Battered Women's Shelter Horsecar -Challenge Grant Hospice of Denver Christmas Lighting Arapahoe Philharmonic (in ticket purchases) Total $13,000 3,000 1,700 2,600 1,600 1,000 1,500 300 300 300 .25,300 •••••••••• ADOPTED AND APPROVED this 5th day of February, 1990. Pa .dcla I, Pa Color do, R 1olu ion r cl er o. rk R. C ow, c y c r ity h _, ri • o Su y 0 nc,;rl c y ot , tdcla A. cr ood, , I • • - RESOLUTION NO. ~~ SERIES OF 1990 --- • • • 14 (b) (ii) A RESOLUTION ESTABLISHING ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE FOR THE CALENDAR YEAR 1990. WHEREAS, the City, by charter, has the responsibility to adopt a Resolution determining the salaries of Council appointees and the Municipal Judge; and WHEREAS, after review and consideration, Council has determined that the salary previously set by Council in Resolution No. 2, Series of 1990, be adjusted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OP ENGLEWOOD, COLORADO, THAT: The annual salary for the Municipal Court Judge retroactiv to January 1, 1990, is: $61,166 ADOPTED AND APPROVED this 5th day of February, 1990. Attest: Patricia H. Crow, City Clerk I, p Color d , h o. -· Mayor od, ion I . • • • ... 14 (b) (iii) RESOLUTION NO. SERIES OF 1990 )~ A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS AND COMMISSIONS OF THE CITY OF ENGLEWOOD. \fflEREAS, the various boards and commissions established by the Englewood Home Rule Charter or the Englewood Municipal Code have certain terms of membership; and WHEREAS, because of resignations or expirations of terms from time to time, vacancies occur which require appointments by City Council or the Mayor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that the following appointments by Council Members to fill vacancies and expired terms on the following Boards and Commissions are hereby made: Section 1. Board of Adjustment and Appeals Sandra George -reappointed for term 2/1 /90 to 2 /1 /94 Linda Cohn -to fill term expiring 2 /1/91 ~~ Section 2. Firemen's Pension Board Willis Resley reappoint to term 2 /1 /90 -2/1 /93 Section 3 . Elec t on Commiss on s Llomar Warren -to fill tera expir n9 2 /1 / Jo Lay -to term 2 /1 /90 o 2 /l /94 L nlyn Dou 1 1 ra 'l/1/ o o 2/l/ 0 0 Z/1/ I • • • • ... Section 8. Planning and Zoning Commission ~. Lloyd Covens -appoint to term 2/1/90 to 2/1/94 l .~ Linda Baumgartner -appoint to term 2/l/90 to 2/l/94 c. J. Glynn -appoint to fill term expiring 2/1/93 Connie Daviet -appoint to fill term expiring 2/1/92 /)l4/• Section 9. Urban Renewal Authority Meredith Schmidt appoint to term 2/5/90 to 2/5 /95 '' Erica Byrne -to complete term previou s ly appointed to expiring 2 /5 /94 Section 10. Water and Sewer Board Bill Vobe j da -appoi nt t o t e rm 2 /1 /90 t o 2 /1 /96 I ADOPTED AND APPROVED thi s 5t h d ay o f Fe brua ry, 1990. Att es t: Susan Van Dyk e , Ma y o r Patricia H. Crow, City Cl e rk I , Patricia H. Crow, City Clerk for the City of En g lewood , Colo r ado , h e r eby certify the above and !oregoin9 is a true copy of Resolution No . ___ , Series of 1990 . Patricia H. Crow • I • • • • • I~ ·? RESOLUTION NO.-~ LJ ~q SERIES OF 1990 A RESOLUTION OPPOSING S.B. 98 RESTRICTING CONFINEHENT OR DETENTION OF MUNICIPAL JUVENILE DEFENDANTS IN STATE AND COUNTY FACILITIES. lfflEREAS, City residents, as taxpayers to both the state treasury and county treasury, would be required to fund two jail systems for the same purpose; and lfflEREAS, the citizens of Englewood supported and are responsible for the bond issue enabling the construction of Arapahoe County jail facility; and \lHEREAS, it was represented to Englewood citizens that the jail would be sufficient for and available for municipal court defendants; and WHEREAS, the expense would be for all municipalities in this state; and IJHEREAS, the City of Englewood cannot afford the cost to construct a juvenile detention facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CNGLEWOOD, COLORADO, THAT: 98. Section 1. Th Englewood City Council is opposed to S.B. ADOPTED AND APPROVED the 5th day ot F bruary , 1990. P• rlcla II. Crow, cl y Clerk I, Pa ric a H. Colorado, h r by c r olu ion o, ___ , Susan Van Dyke, Mayor tor th c going h a y ot ngl wood, rue copy ot Ja rlela A. Crow I • • RESOLUTION NO. SERIES OF 1990 • • • A RESOLUTION OPPOSING S .B. 98 RESTRICTING CONFINEHENT OR DETENTION OF MUNICIPAL JUVENILE DEFENDANTS IN STATE AND COUNTY FACILITIES . \fflEREAS, City residents, as taxpayers to both the state treasury and county treasury, would be required to fund two jail systems for the same purpose; and \~EREAS, the citizens of Englewood supported and are responsible for the bond issue enabling the construction of Arapahoe County jail facility; and \lHEREAS, it was represented to Englewood citizens that the jai l would be sufficient for and available for municipal court defendants; and WHEREAS, the expense would be for all municipalities in this state; and \JHEREAS, the City of Englewood cannot afford the cost to construct a juvenile detention facility; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 98. Section l. The Englewood City Council is opposed to S.B. ADOPTED AID APPROVED the 5 h d•y of February, 1990. Su A an Van by'k , yor p rich II. Crow, cl rk I, tt. or h c y ot d, Color c r o n • ru R IOlu I • • • • • .. 14 (b) Gv) RESOLUTION NO. SERII:S OF 1990 A RESOLUTION OPPOSING S.B. 9'8 REQUIRING CONSTRUCTION OF A JUVENILE DETENTION FACILITY BY THE CITY OF ENGLEWOOD. WHEREAS, City residents, as taxpayers to both the state treasury and county treasury, woul e required to fund two jail systems for the same purpose; and UHI:REAS, the expense would be this state; and ~unicipalities in UHEREAS, the City of Englewqod cannot afford the cost to construct a juvenile detention faqility; NOU, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 98. Section 1. The Englewood City Council is opposed to S.B. ADOPTED Al:D APPROVED the Sth day o f February, 1990. Attest: Patricia H. Cro w, City Clerk I , P a ricia H. Cr o w, Ci Colorado , h re y c r i f y tha n olu on o . ___ • Seri a of Susan van Dyke, Mayor tor the c o nv h P t.rlc:le H . Cr o wood, of I • • - • RESOLUTION NO. ~ SERIES OF 1990 • • • 14 (b) (v) A RESOLUTION SUPPORTING H.B. 1174, IN CONCEPT, RELATING TO MASS TRANSPORTATION PROJECTS. WHEREAS, the City Council of the City of Englewood supports H.B. 1174 in concept; and WHEREAS, projects associated with this Bill will benefit the City of Englewood; and WHEREAS, the City Council supports the funding of mass transportation project s at the level indicated in H.B. 1174; and WHEREAS, the City Council of the City of Englewood desires to have local elected officials appointed to the Metropolitan Transportation Authority (MTA) through a local process, as those appointments are a matter of local concern; and WHEREAS, the City Council does not support the inference requiring a local cash or in-kind match be provided prior to a project being undertaken by the MTA; and WHEREAS, the City Council does not support the ability of the MTA or a •person•, as defined in H.B. 1174, other than a local govern.ental unit, be allowed to impact transportation planninq and construction efforts without the approval of the impacted local government(s); and WHEREAS, the City of Englewood opposes the senior rights of the MTA in eminent domain activities in all areas except mass transportation projects; NON, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF E GLEWOOD, COLORADO, THAT: Section 1. The Englewood City council supports H.a. 1174 in concep wl h the following exception•: •· dify 43 -4-605 to appoint the local elected offic all through a local proce11 rather than by qubernator al appointment. b. Modify 43 -4-605 o require all qubernatorial appo n eea be qualified elec ore of the I ate of Colorado. c. ~nd 43 -4-610 to include a 1 ntence which Ita esc •tn no event will a project be delayed or excluded due to he lack of a local qover nt or private sector cash or in-kind • teh.• I • • • • • d. Amend 43-4-610, 43-4-612, 43-4-614, 43-4-615, and any other applicable portion of the Bill to require all MTA projects be approved by the impacted local government through the appropriate local planning and zoning process prior to the MTA entering into any design or construction activities or contracts. e. Amend 43-4-612(f) to restrict the owner of eminent domain to "mass transportation projects• only. ADOPTED AND APPROVED the 5th day of February, 1990. Attest: Susan Van Dyke, Mayor Patricia A. crov, city cierk I, Patricia H. Crov, City Clerk for the City of Englewood, Colorado, hereby certify the foregoing is a true copy of Resolution Mo. ___ , Series of 1990. Patricia B. Crov I • • - RESOLUTION NO. l-1 SERIES OF 1990 f---1 • • • A RESOLUTION OPPOSING SECTIONS 7 AND 10, S.B. 54, REGARDitlG ANNEXATION PROVISIONS DEALING ~liTH LIBRARY DISTRICTS. 14 (b) (vi) UH£:REAS, the City of Englewood is opposed to the inclusion of Section 10, regarding annexation provisions, in S.B. 54; and UHEREAS, there currently exists mechanisms to settle jurisdictional disputes between municipalities and existing library districts through intergovernmental agreements; and WHEREAS, the City supports a transition period for capital asset remedies to a library district impacted by an annexation; and UHEREAS, jurisdictional transitions of this kind are a matter of local concern; and UHEREAS, Section 7 of S.B. 54 does not explicitly define a process by which a metropolitan library district may ~e dissolved; NOU, THEREFOR£:, BE IT RESOLVED BY TilE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Englewood City Counc1l is opposed o and recommends deletion of Section 10 of S.B . 54 . Section 2. The Englewood City Council reco nds the addition of language to Section 7 ot S.B . 54 to outl n the proceu by w;lich a metropolltan library district may b dissolved. ADOPTED AND APPR OVtO th1s 5th day of Febr ary, l 0. A teat: Pa rlcla H. Crow, cl y Clerk I, Pa r ei Colorado, h r by e olu on o. ___ , P rlela A. Cro I • • RESOLUTION NO. -it. I g SERIES OF 1990 • • • 14 (b) (vii) A RESOLUTION OPPOSING CERTAIN PORTIONS OF H.B. 1134 REGARDING UNDERCOVER OPERATIONS OF POLICE OFFICERS. WHEREAS, the City of Englewood supports H.B. 1134 in concept; and WHEREAS, undercover and surveillance operations could be seriously compromised if officers were unable to blend into their surroundings; and WHEREAS, the City supports the need of undercover police to purchase alcohol in order to conduct their respective jobs; UO\·l, THI:REFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEUOOD, COLORADO, THAT: Sectio n 1. The City o f Englewood support s H.B. 1134 in concept with an amendment t o exclude undercover law enforcement activities. ADOPTED AtlO APPROVED this 5th day of February, 1990. A te s t: Pa r ic 1a H. Cr o w, Ci ty Cl e rk l, p Colora aolu Susan Van Dyk , sayo r y Cl rk for th or o.1n9 h a 1 o. City o copy P a H. Cr ow od, • I • • RESCLlJI'ICN 00. \ q smiES OF 1990 ~ • • • 14 (b) (viii) A RESOUTl'ICN SUPPCRTIM; 'lliE CCLLEX:TICN OF TAX CN HAIL CIUlER SALES -H.B. 1003 WHEREAS, the City of Englewood is supportive of the collection of sales tax upon purchases of tangible personal property by Coloraoo residents fran out-of-state retailers, and WHERF.AS, requiring in-state retailers to collect sales tax fran residents of Coloracb puts in-state retailers at a c:x:JTpetitive disadvantage to out-of- state retailers not required to collect sales tax, and WHDUW;, the City of Englewood is OCIIIIIitted to econanic development and expansion of new and existing retailers in Coloracb. I'Oof ~, BE IT RE9:LVID BY 'I1I! CIT!( <DH:U. CF 'lliE CIT!( CF DIGl.!NXD, CXJ.(RADO, THAT: Section l. -n.t Englewood City Council ~ H.B. 1003. ADCPl!D Hm APPIOJm this 5th dlly of r.bruu:y, 1990. SUsan Van Dyke , Mayor Attn P lela H. Crow, Cl y dii'k , City Clerk t the c ty of Englewood, Color , 1• a true ocpy of luuon • _, ries of 1990. Patricia k. crow I . • • • • PRESENTED BY ---- C ./H . jr/~~ Ku;t~ !tJ,Lir · ;(1UJt (7r-£ (!/~to, ~L~{-. j/u ¥ ~_Q SU.:_---fo~~~-7 C,L;(A.~ USULTSa ______________ _ / AtL./ r h -~ > I . • • • • PRESENTm BY ------ IIOTI.r ------------------- I . • Slc.l ---------------U.TSr ------------------------------ • • • • PRESENTED IY --- IZ~n~k~ ?i;A'~ ~~~ z ~an~~ .2 Yll~~,J (}_,{/! ~tJYI . 1 kA '/JtL~ ;t___/ ~ 2-fl...1,tJz-- t ;t~ .,7 ./' L J , / ~ / r y-.. / __s-r~ MOTII*: ~~ I . • - • • • • • • IIOTI•r =-------- SU.t ..,,-. -------I . • • • • A&Efi)A ITEM 6 e PRESENTm IY ---- I . • • • I . • • . 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ITEM / t!b 1ZJI-msoom IY ------ I . • • • • PRESENTED BY I . . . ~ • • , . •• AGEMDA ITEM --PRESOOm IY C-~ ~ C/ ~-, -~---->,-- ~c_ ~ cf -/err-' ~~__e r'-;:_e-VJ . ~ C-~~~ I . • • • • • fo w£vf. :Y-"--<L-R ~ ~ ~&- ~tJc;£ £1t)}d::{ )1o ·r-- I . • • • -· f)!J: £/ r~~? ~(~ /~~ I . • • • ·-· [!,/9-y-I I 2-3 '--1) £--v olr M-nm li-m-ftamm .f-)_~ 1/2~ // 3~/1/ d f,t u) 7 V ~ (/~ et'~~ ~'-- ~~ ~d~ fh~;, .., .. , ______ _ ~~---"'-------I . . • • • .n••·---------------------------------------- ~·--------------------TSr ___________________________ _ I . • • • • AGDmA ITDI ~ ~ PRESENTm BY ---- rYaz;~ ~~ £~ ~' ~~«k (/) { ) - ut4~L//-7 j_--;;; <-/~ ~?'-· 7;:::,.(/ ~~/'?~ MTJOih ~= HSUt.TS-1 -----I . • • • '. • • ....,. ITO I t/1/J PRESENTm IY j/~ ~~· ~2. 7.'80 t~ ~/( ~ 7 3 IUUlTS :-t -----I . • • • ·_. MEIIlA ITER~ PIESDITEII IY --- ~~ ;) -7 / /cr? {~ e ;A ,/} e3 -~/ cJ. r/ y~ ~ ~ y--r /~ _s(! IIOTIC*a --------- I . • • • . . . . I . •• AIEJIDA ITEM PRESENTED IY ----- ~)~ L ~ ~?j ~(r---u ----dJ>f I( / t"' ;;(/ )?tt--/-~~'I c).~ f'-__-~ ~/~ ~. ~ / I . • • ••• AIEJI)A ITEM PRESENTm BY --- --------z_/ l-d ~ ~ A . 7-'06 I'---../ KCOIIh TS-t --------------------I . • • • • AGEfi)A ITEM PRESENTED BY - SlC.;I-----=- IOULTSt -------=------==---I • • 1. Call to Order • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session February 5, 1990 The regular .. eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:38 p.•. 2. Invocation The invocation was given by Council Me.ber Wiggins . 3. Pledl' of Alletiance Th Pledge of Allegt net wa s led by Mayor Van Dy •· 4 . ltoll ttll Pr s nt : Council Cl <Yton, H rs Hathaway, oltay, W 99tn , Bull n cht, Van Oy I • • n - • • • • Absent: None A quorum was present. Also present: City Manager Fraser City Attorney DeWitt City Clerk Crow Director Stanley, Safety Services Division Chief Miller, Safety Services Director Wanush, Community Development • • • • • Mayor Van Dyke announced that Mr. Fraser's request for financial assistance In hh relocation had been discussed at the study session. During that discus - sion Mr . Fraser withdrew his proposal. Ms . Van Dyke stated Mr . Fraser's original contract is still in effect and that no financial assi~wlll be provided to hi• outside of hts contrac~ relocating in Engl~ 5 . IU ""tes (a) IIUIITU Of • • • • • CLAYTOI IIOVED, IT KC-ED, TO AHIOVE f:TI Of y u. lttO. I . • Englewood City Council Minutes February 5, 1990 -Page 2 • • • Ayes: Council Mem bers Koltay, Hath away, Wigg ins, Bu ll ock, Cl ayt on, Hab enicht, Van Dyke Nays : Non e Motion carri ed . 6 . Pre-scheduled Visitors (a) Police Officers Anderson and Madonna introduced Anthony Rank, Nate Ro.ero, and Ytanni Bellis, Flood Middle School students and recent graduates of the Drug Abuse Resistance Education (DARE) progru . Officer Anderson ex - PA~~ ~hA.h ) phi ned the11 progru is a continuing effort in the City of Engl~ 1 in~ the public and parochial schools which has .. et with a great deal of success .J in dealing with the issue of drug abuse resistance . Officer Madonna c~nted that when the progru was c~nced in the spring of 1919, they instructed 109 students, last s ... ster 746 students, this s ... ster it will be approxlaate ly 1,900 students. The three students were Introduced and asked to perfora th lr •rap• for~be tenet . Karen Gtlcrlst, the ir teacher at Flood wa s also pre s - 14'&l.P eft • Mly r an Dyke presented tach of boySanc:t t r t ac r a C ty Ma r logo pin . (b) n Har ld • 3018 • of hts favor l t w t ct ~s. uld 0 H. to rs II t loc 1 yor v pp Il l t o 0 t provo n c nt • I • • Englewood City Council Minutes February 5, 1990 -Page 2a • • • HARALDSEN: THREE WEEKS AGO I PLANNED ON SPEAKING TO YOU, BUT BECAUSE OF THE ~ TENESS OF THE HOUR AND IMPORTANT SUBJECTS ON THE SEWER SYSTEM AND TERRESTIAL BEINGS WHO WANTED TO COMMUNICATE WITH US, I DE - TO SPEAK THIS EVENING. AND I'D LIKE TO HAVE YOU FOLKS RELAX CAUSE THIS IS ONE OPPORTUNITY YOU SHOULD HAVE TO RELAX YOU. NONE OF US HAD THE PRIVILEGE OF LIVING IN IN THE LAST CENTURY. PERHAPS YOUR PARENTS TALKED ABOUT IT -Ml WE HAVE SIMILIAR RESPONSIBILITIES AND DECI - SIONS TO MAKE IN HE 90S IN THIS CENTURY ON CONTROVERSIAL ISSUES IN OUR PRIVATE AND PU IC LIVES AS THEY DID . WE WILL HAVE OUR TRI - UMPHS, TRIBULATIONS, D TRIALS AS THEY ALSO DID . NOW 1 HAVE A FEW MAY BE OF HELP TO ALL OF US . SENATOR ME SENATOR FROM ILLINOIS WAS ONCE ASKED HIS STRATEGY ON CONTROVERSl ISSUES . IN A VOICE LIKE ROLLIN G THUIID£R DIRKSEN RESPOII)[D "WHE FACE AN ISSUE OF GREAT IMPORT I APPROACH -I ENCAGE IN DEEP DELIBERA ON AND QUIET CONTEMPLATION, I WAIT TO THE LAST AVAILABLE MINU TE, LOSERS, BE CAUSE, MY FRIEND, THE WI LOSERS NEVER FORGET." OKAY. AFTER FOL S ARE 001 , SPENDING A COUPl 0 AA PERHAPS HOPI THAT TH C ll VOTE VOR THE ER ANO THE DAY AT WHATEVER YOU STUDY SESSION YOU T LAST TOO l SO HERE 'S A F(V POINTERS I HAY GLEANED ICH YOU TO US . WISDOM IS OIVIO 0 INTO A GREAT DEAL 0 SAY, AND NOT SAY I IT . R SO V 0 TAl L£ S. NO EYER l D ANYTHI Ml I . • Englewood City Council Minutes February 5, 1990 -Page 3 • • • HARDEN, USED TO BE WITH THE BRONCOS SAID, I ALWAYS REMEMBER ONE S SAID, THE LESS YOU SAY THE LESS YOU HAVE TO TAKE BACK. AND THE E, THE THOUGHT OF THE DAY. I WOUDN ' T TAKE IT WAS WRITTEN BY JOSEPH JOBARRE, HE LIVED FROM 1754 "THOSE WHO NEVER RETRACT THEY LOVE THE TRUTH. THEIR OPINIONS THANK YOU. (c) Lois Lighthall, 2945 South logan Street, stated she felt the inter- nal bickering and the hiring and firing of City Managers is an exercise in ·,s futility and~counterproductive. She stressed there are •any fine services in Englewood whtch need to be ~intained; in addttton, there are •any needs which should be addressed, t.e., untfon~ trash collection, iaproved sewage treat .. nt fact11t1es, co.untty wide recyclytng, sidewalk iiiiProv ... nt districts, etc. httt&.Y She was pleased to ~ the City Manager had withdrawn his request for reloca - tion assistance, stating the 10ney could be used better elsewhere. She urged that Mr . fraser 's original contract be enforced wfth no deviations or concessions . LIGHTHALL : GOOO HAVE FOUR BICKER I TH OPPORTUNITY TO SPEAIC TO YOU . LO LIK TO . l . TH ERS IS BOTH M £XER - W HAVE ~y fiN SER · VICES IN OOtt CITY SUCH AS PAitlS , ~INTAINEO AT TH PR THAT MOUD IF I . • • • • Englewood City Council Minutes February 5, 1990 -Page 3a WAGE TREATMENT FACILITIES, COMMUNITY WIDE RECYCLYING, IMPROVED NFORCEMENT, ATTRACTION OF NEW BUSINESS, NEW RESIDENTS, CRE - IOEWALK IMPROVEMENT DISTRICTS, UPGRADING OF MORALE AND EQUIPMENT IN TH POLICE AND FIRE DEPARTMENTS, ELIMINATION OF EYE CARS AND DILLAPAOATED STRUCTURES . TO ATTAIN OTHERS AS THEY BECOME APPARENT, I SUI!fiiiT THAT THE ONLY AC Tl ON IS TO CARRY OUT THE PROV 1- SIONS OF THE HAVE WITH MR . FRASER WITH NO DEVIATIONS AND NO CONCESSIONS. NEED SOMEONE WHO IS INTERESTED IN ENGLEWOOD AND WHO IS WILLING WITH THE PROVISIONS OF THE CHARTER . AND I DRAWN HIS REQUEST , BECAUSE SOMEHOW THE APART IN AURORA FIRST IN 1987 AND IT 'S, WE 'VE AL[ UFFERED FROM IT . EVERYBODY THAT 'S TRIED TO SELL THEIR HOMES . I WAS I THAT BIND AND PAID FOR THINGS, BUT WE ALSO MAYBE HAVE TO SCALE OUR liTTLE BIT TO MEET THE CIRCUMTMCES, SO W WIL L WHAT WE IF YOU CM laK WITH US C. THIS BECAUSE HAVE OTHER PR01t. THAT NEED THE DEY AS fUH OR tOtE . T YOU . (d) T ra lyon, Engl 1 stud nt, pl " t •cl Up• progr tc:h sh 1 providing tud nts an opportunity ral 90Y ,.,..nt tor tn tton . t t 1 y ar, aftd on t lr lf I . • • Englewood City Council Minutes February 5, 1990 -Page 4 • • • to ensure their participation in the 1990 Close Up Program. She further ex- plained that some funds had been received from various civic groups in the City. Discussion ensued. COUIICIL MERIEl ltOLTAY MOVm, MID IT WAS SECOfl)m, TO IRIN& FOIVAIID A&EIIJA ITEM 14(b)(ix) -A RESOLUTION RELATIVE TO THIS REQUEST. Ayes : Council Mellbers Koltly, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. The resolution was assigned 1 nu.ber and read by title: RESOlUTION MO. 8, SERIES OF 1990 A RESOlUTION BY ENiilEWOOO CITY COUNCil CONTRIBUTINii FUNDS FOR ENiilEWOOO HIGH SCHOOL STUDENTS TO TRAVEl TO IIASHINiiTON, D.C . COIICIL UUAY DO, _, IT MlS SlCCIIQ, TO APPIIO¥f IUOUITION •• 8, IU Of' lttO. Coun l r H nteht $l ltd lh S IS Oft of lhos pr09r Coun tl n s to support '" tt,.. about T w urt r dt eu s Oft c " r et t . s s ld c 11 ' Ad t 0 I • • • • • Englewood City Council Minutes February 5, 1990 -Page 4a account . Vote results: Ayes: Council Members Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Abshin : Council Member Koltay Motion carried . Council Me.ber Koltay explained he had abstained from vot i ng , ~ ~~~Wt!.-) as Ms . Lyon is his daughter and wi ll be part i c i pat i ng i n the program .~ rF f elt sh e and the other student s i n the progra11 ~all de se r vi ng of the opport uni- ty to part i c i pate . 7. llon-schMulM Vhf tors (a) Ken Wa ec ht e r , 3127 We s t Tufts Avenu e, with res pec t t o Mr . fraser wtthdraw l ng hts requ es t for r eloc at i on assis tance , stated he d i d not t hink that pos tpon i ng t he issue f or six 110n th s woul d stop so.e of the concerns of hfs (Mr. Wa ech t er's) supportors In this .. tter. In his opinion approving this r u st would have bt n 1 violation of the State Constitution . He crltfcfzed Counc 1 for th nn r In fch this .. t r h d n h ndltd and stated h hol*f 1 le son had been learned by all Involved . expr ssed concern about hold ng th town t ng on such hort notice: h v r, h hoPed that It uld r ou t ok ay. Ht c nttd that stv raJ cftfz ns had told ht• th y ftlt Mr . fra r's tff tfv n ss u 1 c ty cl r f td that t sch ul n dou t . yor Van 0 , t purpo I . • Englewood City Council Minutes February 5, 1990 -Page 4b • • • (),~ ;. {).-e s 1o n · t? 7 ()--<;, {fl& cJ.-L '7 C-- being to discuss the outcome of the special f/0/j election; She explained the un- fortunate situation of the article in the Sentinel giving the wrong date of I . . • • • • .. • WAECHTER: YOUR HONOR, MEMBERS OF COUNCIL, MR. KOLTAY AND MR. DEWITT. I'M GOING TO CHANGE SOME OF WHAT I HAD ORIGINALLY INTENDED TO SAY BE- CAUSE OF THE WITHDRAWAL OF THE REQUEST FROM MR. FRASER. HOWEVER, I DON'T THINK THAT POSTPONING THE ISSUE FOR SIX MONTHS IS PROBABLY GOING TO STOP SOME OF THE CONCERNS OF THE PEOPLE BEHIND ME, AND A LOT OF THE PEOPLE THROUGHOUT THE CITY. I HAD A LOT OF CALLS. I DELIBERATELY GOT MY PHONE NUMBER INTO THE NEWSPAPER CAUSE I WANTED TO GET FEELINGS ALONG WITH THE PEOPLE IN THIS CITY AND I ACCOM- PLISHED THAT. AND I'M SURE THAT A LOT OF PHONE CALLS WENT TO YOU PEOPLE. I DELIBERATELY TRIED NOT TO CONTACT MOST OF THE CITY COUN- CILMEN BECAUSE I'M WELL AWARE THAT THEY PROBABLY HAD OTHER PHONE CALLS THAT WERE COMING TO THEM. HOWEVER, I THINK THAT YOU PEOPLE ARE PROBABLY AWARE AND, AS I AM, THAT THE VERY REQUESTS THEMSELVES, THE ONE THAT WAS MADE SIX MONTHS AGO AND THE ONE THAT WAS MADE RE - CENTLY, ARE AT LEAST ON THEIR FACE VIOLATIONS OF STATE CONSTITU - TION. THERE'S NO WAY THAT THIS COUNCIL COULD HAVE ACCOMPLISHED WHAT WAS REQUESTED. THERE 'S A LOT OF IRRATE PEOPLE OUT THERE, AND PROBABLY A LOT OF THE REASON IS MAYBE THE WAY IT CAME OUT. WHETHER THERE WAS AN ATTEMPT TO CONCEAL THE ACTUAL ACCOMPLISHMENT OF THIS THROUGH THE STUDY SESSION, AND I'M AWARE THAT THE FINAL VOTE HAS TO BE TAKEN OUT HERE, HOWEVER, I'VE SAT THROUGH COUNCIL MEETINGS MANY TIMES AND I THINK THAT YOU PEOPLE REALIZE THAT MOST PEOPL( DO NOT REALIZE WHEN THEY READ AN AGENDA WHAT THE AGENDA REALLY SAYS, CAUSE IT IS NOT COMPLETE, IT GIVES THE NAME OF SOMETHING AND NOT SAYING, NOT ACCUSING YOU PEOPLE OF NOT WANTING TO COME FORWARD WITH THAT KINO OF REQUEST, BUT I HOPE THAT THERE 'S A LESSON BEEN LEARNED. I CAN RESPECT MR . FRASER'S CONCERN AND CONCERNS OF THIS COUNCIL TO TRYING TO KEEP PRIVATE THE POSSIBLE PROBLEMS THAT MIGHT BE IN- VOLVED, PERSONAL PROBLEMS, BUT NEVERTHELESS IN A SITUATION LIKE THIS THOSE PERSONAL PROBLEMS DO GET BLOWN OUT AND DO GET BROUGHT PUBLIC AND APPEAR MUCH BIGGER THAN THEY MAY HAVE BEEN HAD EVERY - THING HAD BEEN BROUGHT OUT ON THE TABLE. I THINK YOUR MEDICAL IN- SURANCE FROM THE lAST YEAR AND WHAT HAS HAPPENED IN THIS LAST YEAR ON THAT, THE ITEMS AS FAR AS THE CHANGES THERE, THERE'S TOO MANY THINGS THAT AT LEAST APPEAR SEEM TO BE DONE IN SECRET WHETHER OUR INTENTION IS THAT OR NOT. J WOULD LIKE TO SEE AS MANY PEOPLE AS WE CAN INVOLVED . J THINK YOU PEOPLE kNOW • YOU HAVE A COPY OF TH FlYER THAT I P RSOHAU Y PAID FOR AHO HAD PRINTED, AH, FOR THE M T • lNG TOMORROW NIGHT. HAD I BEEN ABLE TO GET AHOLD OF YOU, MAYOR VAN DY E, OR GET AHOLO OF YOU, . FRASER, MOHOAY OR TUESDAY MOAAI , I PR08ABLY WOULD HAVE REQUESTED THAT THAT M Ell BE POSTPONED BE · CAUS LETTING THE PEOPL£ IC ABOUT A T M ETING IS PRETTY IMPOR - TANT TO M . BUT I HOPE THAT THIS RICS, AND I 'LL 8E REAl FRAN WITH OU, MR. FRASER, TH P OPL THAT HAY COM TO M HAY 8A !CAL - LY SAID YOUR EFFECTIVENESS AS A CITY MANAGER IS VERY H IN DOUBT AFTER THIS THING HAS HAPPEN 0. NOW MAYS THIS CAN 8 OUITED AND V RYTHING BROUGHT OUT IN TH OP(N EVERYTHI CHANG D, J DON 'T . I 'M LV P R , BUT I HOP THAT IT IS A l AND TOP REALJZ WHAT HAS B EN AID T HA 8 EN ACC • Pll H 0 0 I 'M T TH 8AO GUY THAT YOU P 0 l MIGHT THI I AN • • I . • • • • I'M VERY DETERMINED TO DO WHAT I BELIEVE IN AND I'll FIGHT TO THE END FOR WHAT I BELIEVE IN OR BE CONVINCED OTHERWISE . THANK YOU. VAN DYKE : I WOULD LIKE TO CLARIFY, MR. WAECHTER, AND FOR THE RECORD AS WELL THAT THE INITIAL SCHEDULE OF THE TOWN MEETING WAS SEVERAL WEEKS AGO . THE ORIGINAL INTENT WAS TO PROVIDE AN OPPORTUNITY TO DISCUSS THE OUTCOME OF THE SPECIAL ELECTION . I FEEL VERY FORTUNATE THAT THE TOWN MEETING WAS SCHEDULED AS EARLY AS IT WAS BECAUSE IT PROVIDES US AN OPPORTUNITY FOR US TO DISCUSS OTHER ISSUES . I ALSO FEEL THAT COMMUNICATION OF THE TOWN MEETING WAS SUFFICIENT AND EFFECTIVE ENOUGH. I MIGHT SAY IN BEHALF OF MR. MUNDS, AN UNFORTUNATE SITUATION DID OCCUR WITH THE SENTINEL SCHEDULING THE TOWN MEETING FOR WEDNESDAY THE 7TH INSTEAD OF TUESDAY THE 6TH . THAT IS SIMPLY AN UNFORTUNATE ERROR THAT OCCURRED AND SHOULDN 'T HAVE OCCURRED AND WE'VE DONE EVERYTHING TO TRY TO RECTIFY THAT SINCE THAT PAPER CAME OUT LAST THURSDAY. AND ONCE AGAIN , I THINK EVERYONE HERE IS AWARE THAT THE TOWN MEETING IS IN EFFECT TOMORROW EVENING, NOT WEDNESDAY . I CERTAINLY HAVE BEEN TELLING EACH AND EVERY INDIVIDUAL THAT HAS CONTACTED ME VIA THE PHONE, SO HOPEFULLY WE HAVE BEEN EFFECTIVE IN COMMUNICATING THAT, AND WE LOOK FORWARD TO SEEING YOU THERE TOMORROW EVENING. NEXT PERSON, ALEX? HABENICHT: AS LONG AS YOU'RE COMMENTING ON THE SCHEDULE OF THE TOWN MEETING, WOULD YOU CONSIDER ADDRESSING THE CONFLICT BETWEEN THE TOWN MEETING AND THE PUBLIC HEARING OF P & Z? VAN DYKE : I'll DO EVEN BETTER. I'll LET YOU ADDRESS IT. HABENCIHT: THERE'S ALSO A CONFLICT TUESDAY NIGHT BECAUSE THE SAME NIGHT AS TH TOWN MEETING THERE'S A PLANNING AND ZONING COMMISSION PUBLIC HEAR - ING ON TITLE IS OF THE EMC WHICH REFERS TO THE ENVIORNMENTAL OR NUISANCE CODE ORDINANCE . AND MR . DEWITT, WHO'S GOING TO BE THER Will BE ASKING ON BEHALF OF THE COUNCIL THAT THAT PUBLIC HEARING B CONTINUED TO THE NEXT SESSION SO THAT PEOPLE CAN BOTH COME TO TH IR TOWN MEETING AND ALSO HAVE INPUT INTO THE PUBLIC HEARING PROCESS 0 Pl lNG AND ZONING. CLAYT 0 WITT : V D T OU r THAT LA lfJCATl I . . Englewood City Council Minutes February 5, 1990 -Page 5 • • • the town meeting. She stated the Council had done its best to rectify that conflicting information. ~J ~ Council Member Habenicht spoke of~ conflict of the town meeting date with the Planning and Zoning Commission's public hearing to consider Title 15 (£nviron•ntal/Nuisance CodePfhe Englewood Municipal Code. She explained that Mr . DeWitt would be asking~nning and Zoning Com.isston to continue its hearing of February 6th to another date so citizens would have the opportunity to attend the town .. eting as well as the publ ic hearing. (b) H. Reese Braun, 3173 South Ogden Street, stated he felt It a wise decision on the p~r·t of the city 111nager to withdraw the request for reloca- tion assistance . Concerning Council 's travel policy, he adivsed Council that when he was a council -..ber several years ago he ha~ privileged to at - tlftd a U. S. Chllllber of COII!ltrce .. ttng tn Washington, D. C. Wttile there, ht U l I" was able to ·ftarch records .,-the archives and ffnd infol"'lltlon .tltch asststtd the Ctty of Englewood fn deten.tntng property rights for little Dry Creek D . (c) Chr s Fulton, 4085 South Wuh ngton, Inquired If oth r alt mat v s bt ng con t d red wfth r sp c t to Mr . Fraser's r qu st. u urtd Ms . Fulton th r or Van Oy Sh e~htned thet:tgtnal contract btt glttiiOOd uldA.tn ff t . the C ty Manager and t City of En · • • • • • I . • - • • Englewood City Council Minutes February 5, 1990 -Page Sa • • • Mayor Van Dyke expressed apprecition for the attendance at this meeting. She was hopeful that the citizen's concerns had been satisfied to some degree . She explained that the City Council has tried to the best of their ability to tJt'fiDt-~ address the~ssues which have come before them in a proper and ethical manner . Council Metlber Clayton spoke concerning the feeling which~ ~ressed that the handling of this issue was done secretively and without disclosure . He stated that during the last two years there had been no action on the part o~unc11 that A was not willing to fully disclose . As the issue in T!\.01 i.t;;"" question was a sensitive issue1 ~ required serious contemplation by all Council Metlbers. He r .. inded those present that this Council had Made a real effort to hold town •etings and to ca.unicate with the citizens. And the Council intends to continue~ this policy . "-yor Van Dyke urged all present to attend the February 6th town Meeting . • • • • • (a) CCIUIICIL NEMO 111.115 NOV£D, All) IT MAS st:CIIIQ, TO DlCLAIE TN[ II£Ek OF ~y 11 TlltCalf 17, ltto AS •unOML CHILD PASSORR SAFETY AIMIIOESS II£Ek.• Ay s: Counctl rs oltay, Hathaway, Wltgtns, 8ulloc , Clayton, H nicht, Van Oyk I • • Engl.-ood City Council Minutes February 5, 1990 -Page Sb Nays: None • • • I . . Englewood City Council Minutes February 5, 1990 -Page 6 Motion carried. • • • (b) COUNCIL MMER KOLTAY MOVm, All) 1T VAS SECONDm, TO DECLARE FEIRUAIY AS •M£RICM HISTORY MONTH. • Ayes : Council Members Koltay, Hathaway , Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion carried. (c) COUNCIL NOlO CLAYTOII NOYED, MD 1T MAS SECOIID£D, TO D£Cl.AitE ltto AS THE •yw Of 1111M VILDt.IFE. • ~es: Council Metlbers Koltay, Hathaway, Wiggins , Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion car·rted. (c) COUNCIL NIMO HATHAMAY NOYO, MD IT MAS SCCCIIQ, TO AHIOVE A PIOCLAMTIOII IN SUPPOIT Of F111U .. IY THE COLOUDO ASSOCIATION Of IIDITAl HULTH COORS MD CLINICS. ~ s : Counc 1 rs Koltay, Hath way, w Ins , ulloc , Clay on, Ha n1cht, Van Oy Nay : t tOft carr I • I . • Englewood City Council Minutes February 5, 1990 -Page 6a • • • (e) COUNCIL MEMBER HATHAWAY MOVED AND REQUESTED JOINT SPONSORSHIP BY All MEMBERS OF COUNCIL TO APPROVE A PROCLAMTION HONORING ELSIE MALLEY'S BIRTHDAY, AND PROCLAIMING MARCH 6, 1990, AS "ELSIE MALLEY DAY." Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. (f) MYOil VM DYKE NOVED, AND IT WAS SECOIID£D, TO ACCEPT THE ECONOMIC DOELOPtiOIT COALITIC. IIIFOMATIOIW. UPDATE. Mayor Van Dyke briefly explained the purpose of the Econ011ic Developt~ent Coalition and urged everyone to review the update info~tion. Council ~r Hathaway invited citizens to attend these .. etings, explaining that the .. et· ings are held the third Wednesday of the ~nth at 1:30 P·•· in the Perrin Con - ference Rooe, Englewood Public Library . Vote result s: Ay s : Council rs olt y , Ha y, Clayton, Ha nicht, Ve n Oy n tl0t1 c rrttd . t . I . • Englewood City Council Minutes February 5, tggo -Page &b • • • (a) Minutes of the Englewood Downtown Development Authority meetings of Dece.ber 13, 1989, and January 10, 1990 . I . . • • • • Englewood City Council Minutes February 5, 1ggo -Page 7 (b) Minutes of the Englewood Housing Authority meetings of October 25 And November 15, 1989. (c) Minutes of the Englewood Public Library Board meeting of January 9, 1990. (d) Minutes of the Planning and Zoning Commission meetings of January 9 And JAnuary 16, 1990. (e) Minutes of the Career Service Board meeting of January 18, 1990 . (f) Minutes of the Election Commission meetings of December 1, December 12, 1989, and January 11, 1990. (g) Council Bill No . 47 for an ordinance sub!Ritting to a vote of the qualified electors of the City a proposed a.and.ent to the Charter relating to the financial i~ort of iMpasse issues. (h) Council Bill No. 1 for an ordinance a .. nding and adding sections of the Engl..aod Municipal Code pertaining to possession of aarljuana . (i) Council Bill No . 2 for an ordinance approving settl ... nt with the Colorado Depart•nt of Health on the Allen Water Treat.nt Plant Cease and Desist Order . (j) Council Bill No. 3 for an ordinance establishing Old Hire Pollee Pension and provfdtng for adoption of the Plan docu.ent by resolution . (k) Council Bill No . 4 for an ordtnanc approving a cons nt agr nt CCIUIICIL with the Colorado Deput•nt of Health on the conta•tnattd soils found at 2350 Spouth Raritan . I . • Englewood City Council Minutes February 5, 1990 -Page 7a ITEMS 9 (a) THROUGH (f). • • • Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Council Me.ber Habenicht requested that Consent Agenda Item 9 (k) be withdrawn fro. the Consent Agenda to be considered separately. COUIICIL ROllO HATHAMAY NDYm, NIJ IT WAS SECOIIDED, TO APPROVE CONSENT A&OOA ITDCS t (t) THICIUIH (J) AS FOLLOWS: (g) ORDINANCE NO. 3, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER CLAY- TON (COUNCIL Bill NO. 47), ENTITLED: M ORDINANCE SUIIUTTING TO A VOTE Of THE QUALIFIED ELECTORS Of THE CITY Of ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AMENDMENT TO THE CHARTER Of THE CITY Of ENGLEWOOD RELATING TO THE FINANCIAL IMPORT Of lf'PASSE ISSUES . (h) ORDINANCE NO . 4, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER HABENICHT (COUNCIL Bill NO . 1), ENTITLED : M ORDINANCE M£NOING Till 7, CHAPTER 60, ENGLEWOOD MUNICIPAL COO£ 1985, BY AOOI A NEW SECTION 12 0 ALI WITH PO S SSION Of NARIHUMA (MARIJUANA). I . • n Englewood City Council Minutes February 5, 1990 -Page 8 • • • (i) ORDINANCE NO. 5, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER HABENICHT (COUNCIL BILL NO. 2), ENTITLED: AN ORDINANCE APPROVING SETTLEMENT WITH THE COLORADO DEPARTMENT OF HEALTH ON THE ALLEN WATER TREATMENT PLANT CEASE AND DESIST ORDER. (j) ORDINANCE NO . 6, SERIES OF 1990, INTROOUC£0 BY MAYOR VAN DYKE (COUNCIL Bill NO. 3), ENTITLED: AN ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PENSION PlAN BY REPEALING TI TLE 1-6E -7 AND AMENDING TITLE 3 BY ENACTING A NEW CHAPTER 7. Ayes : Council Members KoltAy, HAthAwAy, Wiggins, Bullock, ClAyton, HAbenicht, VAn Dyke NAys: None Motion c ur l ed . • •••• DISCU Sl ACTI ON VJTQA A E IT 9 ( ) : ORDJ NO . 7, SERIES OF 198 9, INTRODUCED BY C IL ME R HATHA AY (C fl Bill • 4 ), NTJTL£0 : AN ORDI AP VI c £NT AGR[[ NT T 0 I • • • • • • t I -(J L DISCUSSION AND ACTION ON WITHDRAWN AGENDA ITEM 9 (k): 1 I (j c ;.f~ VAN DYKE: ALEX, WOULD YOU PLEASE ADDRESS ITEM 9(K). HABENICHT: YES, YOUR HONOR, AGENDA ITEM 9(K) IS APPROVAL ON SECOND READING OF AN ORDINANCE APPROVING A CONSENT AGREEMENT WITH COLORADO DEPARTMENT OF HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARITAN . IT'S COME TO MY ATTENTION BY A CITIZEN WHO IS ALSO A VERY ACTIVE CHEMIST AND DEALS WITH THESE AREAS WHO HAS RAISED SOME CONCERNS ABOUT THE LANGUAGE IN THE ORDINANCE IN TERMS OF DISTINGUISHING HAZ - ARDOUS WASTE AND HAZARDOUS SUBSTANCE. AND, AH, I HAVE ASKED CITY ATTORNEY RICK DEWITT TO ADDRESS THIS ISSUE AND I 'M BRINGING IT TO THE ATTENTION OF COUNCIL. WOULD YOU COMMENT, PLEASE? DEWITT: I . I . • • • THAT OVER THE COURSE, WITHIN THE NEXT 30 DAYS. THIS ORDINANCE BE - COME EFFECTIVE IN 30 DAYS . IF THERE IS SOME ITEM THAT WE UNDER - STAND, AFTER THAT REVIEW, TO BE INAPPROPRIATE AND PROPER, I PER - SONALLY WILL BRING THAT TO CITY COUNCIL AND ADVISE YOU AND IF I DON'T, YOU CAN REST ASSURED THAT A COUNCIL PERSON, COUNCIL PERSON HABENICHT WILL BRING THE ISSUE BEFORE YOU AND WE WILL REVIEW IT IN THAT 30 DAYS. I THINK THE CITIZEN FEELS COMFORTABLE WITH THE POINT OF VIEW, I THINK COUNCIL PERSON HABENICHT CAN SPEAK FOR HERSELF, AND I THINK THAT'S HOW COUNCIL IS .... HABENICHT : I THINK THAT IS APPROPRIATE RESOLUTION, AND BECAUSE OF THAT, AL - THOUGH I WITHDREW IT FROM THE CONSENT AGENDA BECAUSE I FELT THIS DISCUSSION WOULD BE IMPORTANT, I WILL VOTE FOR THIS WITH THE UNDER- STANO THAT THIS DISCUSSION WILL TAKE PLACE AND THAT WE ARE NOT BOUND TO THIS AGREEMENT , AH, AH, WITHIN THE 30 DAYS WE CAN, WE CAN RECONSIDER IF, IF , IF IT 'S DEEMED WITH FURTHER STUDY AND DISCUSSION THAT IT NEEDS TO BE DONE SO, SO .... VAN DYKE : WELL, CAN I ASK FOR A MOTION THEN TO APPROVE .... HA THAWA Y: COU LD I HAVE A LITT LE DISCUSSION? ALSO? UNDERNEATH THE FINDINGS OF FACT, RI CK, THOSE FINDINGS OF FACT ARE THOSE DIRECTLY QUOTED FROM THE COLORADO DEPARTMEN T OF HEALTH 'S ORIGINAL FINDINGS OF FACT IN THIS PARTI CULAR MATTER -AND I SPECIFICALLY REFER TO ITEM 4 THA T SAYS : SOI LS IN AND ABOUT THE ROAOWAY AREA HAD BEEN ILLEGALLY CON - TAMINATED WITH HIGH LEVELS OF LEAD , THE SOILS ARE CHARACTERISTI C - AND THE WORDS USED IN THIS PARTI CULAR INSTANCE ARE HAZARDOUS WASTE ? DID THAT CM FD THE COLORADO DEPARTMENT OF HEALTH'S FINDINGS OF FACT AND THAT 'S A DIRECT QUOTE? OR IS THAT OUR SIIMATION OF THAT QUOTE ? IF WE 'RE CONTENDING ON WHICH WORD WE SHOULD BE USING - WHETHER IT 'S HAZARDOUS WASTE, HAZARDOUS SU8STANCE , OR HAZARDOUS MATERIA L. I WOULD liKE TO KNOW WHAT PHRASEOLOGY THE HEALTH DEPART -MENT IS USING AS WEl l. DEWIT T: OKA Y, THEY AR E USING THE PHRA SE "HAZARDOUS WAST E. • HA THAWA Y: OKAY, AND THAT WA S A DI RECT QUOTE FROM THEIR FINDINGS OF FACT? DEWITT : AB SOLUTELY . HATHA AV : WHICH MEAN THIS PARTICULAR CONSENT AGREEME NT WAS DRAWN UP BASED ON THEIR FINOINGS 0 FACT IN THIS PARTICULAR MA TTER AT WESLEY AND RARITAN ? CORRECT? 0 ITT : CORR CT . HAT AY : SO IN OTHER , I DON 'T R TH REAL PROBLEM IS WITH PHRASED OG . IF TH COLORADO D PARTM NT OF HEAlTH WHO IS TH ON I 0 WITH (NfORCEM NT OF THIS PARTICUALR RE VISED STATUT Of TH STAT 0 C ORAOO, I THAT IS TH TE I lOGY THEV'R USI TO EN · FORe THIS STATUTE, I THI IT'S PROBABLY TH CORRECT TERM! OGY . • 2 • I . • • • • WHETHER OR NOT TO AGREE TO THE FINDINGS OF FACT BASED ON THAT, IS MY ASSUMPTION. WHAT WOULD COME OUT OF THIS, IF HATHAWAY: IN OTHER WORDS, YOU WOULD BE AMENIABLE TO POSSIBLY AMENDING THE CONSENT AGREEMENT DOWN THE ROAD TO NOT CONCUR WITH THE HEALTH DE-PARTMENT'S FINDINGS OF FACT???? HABENICHT: I'M REALLY NOT SURE. I'M WAITING TO HEAR WHAT'S GOING TO COME OUT OF THIS DISCUSSION AND THIS STUDY. HATHAWAY: HOW LONG HAS THIS DISCUSSION BEEN GOING ON WITH THE HEALTH DEPART- MENT AS FAR AS BEFORE THESE FINDINGS OF FACT WILL COME OUT? IT'S MY UNDERSTANDING IT'S BEEN GOING ON SINCE WE DISCOVERED THIS AS PART OF THE PAVING DISTRICT BACK LAST SUMMER? DEWITT: I THINK IT ACTUAllY AROSE THE END OF AUGUST. YOU HAVE TO REMEMBER THAT WHEN THIS MATERIAL WAS FOUND, PEOPLE WHO WERE OPERATING THE EQUIPMENT AND THE LIKE SAID THERE IS SOMETHING WRONG HERE AND THIS SHOULD BE INVESTIGATED . THESE WERE PEOPLE WHO WERE EQUIPMENT OPERATIONS, CONTRACTORS, AND THE LIKE AND THEY CALLED IN THE STATE HEALTH DEPARTMENT. THE STATE HEALTH DEPARTMENT AT THAT POINT IN TIME CONFIRMED THAT SOMETHING WAS WRONG, BUT THEY DID NOT KNOW THE PERCISE NATURE OF THE PROBLEM . WE HAVE HAD SINCE THAT TIME, AH, TWO EXAMINATIONS BY ENGINEERING FIRMS WHO DEAL WITH THIS AREA. THEY HAVE CHEMISTS, CONSULTANTS, AND PROBABLY PHYSISIST ON THEIR STAFF, BUT THEY DID COME UP WITH THE DESCRIPTION OF THE MATERIALS, AND THEIR HAZARDOUS NATURE FROM THE TECHNICAL STANDPOINT. AT THE POINT OF TIME, THEN, AND IT DID TAKE AWHILE, ABOUT A MONTH AND A HALF, TWO MONTHS, FOR THOSE REPORTS TO COME BACK. AT THAT POINT IN TIME, THEN THE STAFF THROUGH THE PUBLIC WORKS DEPARTMENT ENGAGED IN SOME NEGOTATIONS WITH HEALTH DEPARTMENT STAFF TO TO DEVELOP, WEll, WHAT DO WE DO WITH THESE STUDIES, WHERE DO WE GO? AND THERE WERE A NUNER OF DIFFERENT, AH, RESOLUTIONS TO THE PROBLEM DISCUSSED . CONSEQUENTLY THEY ENTERED INTO A BASIC UNDERSTANDING THAT THE MATERIALS, AH, HOW THEY 'D BE REMOVED, WHERE THEY 'D BE REMOVED TO, TECHNIQUE FOR REMOVAL AND THE l!Kf. SO THE PROCESS STARTED IN AU - GUST, IT WAS REALLY FINALIZED, I THINK, ABOUT THE MIDOLE TO END OF NOVEMBER . THIS AGREEMENT WAS DRAFTED ABOUT THAT POINT IN TIME AND THEN THE DRAFT, 1 BELIEVE , WAS GIVEN TO CITY COUNCIL AlONG THE WAY, AND CONSEQUE NTLY YOU Will Fill> IT ON THE AGENDA ABOUT THE FIRST EEK IN JANUARY. THAT'S THE PROCESS AND THAT'S THE PROGESS THAT AS MADE ALMOST STEP BY STEP . HATHA AY : R T THOS AGREEMENTS TO ST\JOY AND SUCH F AROEO TO All TH R U TS f THOSE STUDIES THAT A DON£ FROM TWO DIFFERENT COMPA · Nl S WERE F 0 TO TH HEA TH DEPARTMENT BEFOR THESE Fl I S OF FACT WER FORMULATED? 0 WITT : Y S. HATHAWAY · W AS COUNt ll APPROVEO BY MOT I TH CONTRACT WITH THO T ANI S? FOR TH£ INITIAl CLEAN -UP OF TH SIT[? 0 ITT : • 3 • I . • • • • AND THIS CONTRACT OR CONSENT AGREEMENT DEVELOPS THE LEGAL BASIS FOR THE CITY AND FOR THE STATE TO PROCEED. HATHAWAY: SO IN ESSENSE THE PARTICUALR PAVING DISTRICT IN QUESTION IS NOT FINISHED BASED ON THIS PARTICULAR AREA OF CONSTRUCTION TO BE C(JIJPLETED? DEWITT: THAT'S CORRECT. HATHAWAY: SO IN OTHER WORDS THIS IN ESSENSE COULD HOLD UP ANY ORDINANCES, RESOLUTIONS, PERTAINING TO THAT PAVING DISTRICT THAT MAY BE FORTH - C(JIJING HERE IN THE NEAR FUTURE? DEWITT: YES. HATHAWAY: OKAY, WITH THAT I WOULD LIKE TO GO AHEAD AND GO AHEAD AND HAVE IT WITH THE SCJtE CONTENTIONS AND CONCERNS THAT ALEX HAS, EXCEPT FOR THE FACT THAT I'M SATISFIED IN MY MIND THAT THIS HAS BEEN REVIEWED BY CHEMICAL CCitPAIUES, IT'S BEEN REVIEWED BY THE DEPARTMENT OF HEALTH WHO INDEED EMPLOY PHYSISISTS AfiO SUCH TO AND ARE EMBODIED WITH THE POWER TO ENFORCE THIS ONE WAY OR THE OTHER, AND IF THIS AGREEMENT HAD MY PROBLEMS, I WOULD NOT HAVE SPONSORED IT IN THE FIRST PlACE. SO WITH THAT I WOULD LIKE TO SEE IT PASSED THIS EVE - NING SO WE CM GET ROLLING ON THIS . VM DYKE: CAN I HAVE A fi>TION? (LONG PAUSE) HATHAWAY: I THINK ALEX SHOULD INTRODUCE THE fi>TION, SHE PULLED IT . VM DYKE: ALEX, WOULD YOU ARE TO INTRODUCE A fi>TION? HABENICHT : AHHHH, NOT PARTICULARLY . KOlTAY: YOUR HONOR, I WOULD fi>V£ WE APPROVE CONSOO AGENDA ITEM 9(K). VM DYKE : SECOND . PLEASE VOTE . CLERIC : All VOTES HAVE BEEN CAST , YOUR HONOR . LET THE RECORD SHOW 7 AY ES. ••• I . . - • • Englewood City Council Minutes February 5, 1990 -Page Sa • • • HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARITAN . ---c Ct -iu, c/:a xiuAitf!ICZI-o/ t/t£ a;ttac k~ ~r MOVm, All) IT WAS SECONDm, TO APPROVE AGENDA ITEM ~/ COUNCIL MEMBER KOLTAY 9(k), ORDINANCE NO. 7, SERIES OF 1989. ~l Ayes: Council Members Koltay, Hathaway, Wiggins, Bullo ck, Clayton, Habenicht, Van Dyke Nays: None Motion carried . 10. Publtc Heartnt No public htartng wa s scheduled. 11 . Or4 t nances, lleso 1 ut tons and Mott ons (a) Olr c tor St nlt and 01 ston Chief Miller pres ntfd a r c nd· y tc s ar nt to dopt a b 11 for n ordtn provt Ht y ( \1 H Col r do Otp r nt o H Olvts on Chit Mt11er l1 '"" IS In nd t progr . Co par r c r ' 11 I • • Englewood City Council Minutes February 5, 1990 -Page Sb • • • be no capital outlay funds on the part of the City. He explained that prior I . . - • • • Englewood City Council Minutes February 5, 1990 -Page 9 • • • to r-eceiving the funds the Highway Safety Department requires that an or - dinance be approved by City Council. Division Chief Miller responded to various question s concerning the traffic unit . The Clerk as asked to read Council Bill No . 6, entitled: COUNCIL BILL NO . 6 , INTRODUCED BY COUNCIL MEMBER KOLTAY A BILL FOR AN ORDINANCE APPROVING THE CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE DEPARTMENT OF HIGHWAYS , DIVISION OF HIGHWAY SAFETY , STATE OF COLORADO . COUIICIL NEMER ICOLTAY NOYED, MD IT VAS SECONDED, TO APPIOYE ON FIRST READING COUIICIL llll NO. 6, SERIES OF 1990. Ayes : Council MMbers Koltay, Hathaway , Wigg i ns , Bu ll ock, Cl ayton , Haben icht , Van Dyke Nay s: None Motion carr i ed . (b) Otr-ctor W nush pr s nted a ndatlon fr011 th Depart nt or C~nlty Oevelo n Housing Division to adop a re olutlon o apply or 19 0 Urban HoMsttadtng Progra funds . ",.· anush briefly xpl I ned lh progr and r s pond d to s v ral cone rn txpr ed by var-tou Council H s tated tha t th h uld avail bl to first u h buy ,. ll co 0 S1 condt Ions, plain t 0 condl on 1. lh " pr-op r 0 lh 0 lh p p rty n t or a I • • Englewood City Council Minutes February 5, 1990 -Page 9a ,. • • • period of five years; the house would then be turned over fee simple to the new owners. 2. The house must be brought up to code and all local regula - tions prior to moving in with a 30 to 45 day time period to bring the house up to code. Mr. Wanush stated that in addition to the major conditions , the property would be inspected every six months. If needed, a training program would be offered to the home owners to provide adequate care for the property . A minimum income of $20,000 would be required. Availability of loan money wa s discussed and Mr . Wanush confirmed that funds would be available at 10 .~ interest rate. Of the 15 -20 homes available in the Ci ty, Mr . Wanush vis ited eight; in hts opinion three of them should be demolished and five could be rehabilitated at an estiMated cost of $20,000 -$25 ,000 , whi ch he felt would be an average figure for this type of home . Mr . Wanush rec~nded approval of the resolution authorizing the COMUn i ty Oevelop~~ent Department to file an application for the $125 ,000 to partic i pate In the Urban HOMe s tead i ng Program for five houses . - Th re sollton wa s assigned 1 nu.ber and r ead by title: RESOLUTION NO . 9, SERIES OF 1990 A RESO UTJON AUT Ill TH CITY 0 EWOOO , THROUGH ITS D PARTMENT 0 COM· AM> TO t0t£STEAOI CITY OF TO FILE APPLICATI fOR TH URBAN STEADING PROG HOU lNG AUTHORIT AS TH D IGNATED LOCAL U Y (lUHA) TO ADMINISTER TH UR STEAD I PROGIW4 FOR TH I . • - • • • Englewood City Council Minutes February 5, 1990 -Page 10 • • • Concerns of various council members regarding this program were further dis - cussed . Mr. Wanush concluded by suggesting that only five units are in this first program, and those five units will not significantly alter the profile of the City; however, improvements to those units will alter and improve cer - tain neighborhoods . COUIICIL ...U ltOLTAY ROVED, MD IT WAS SECOII)ED, TO APPttOVE RESOLUTION NO. 9, SOIU OF 1110. After continued discussion, the vote results were : Ayes: Council ltellbers Koltay, Hathaw1y, Wiggin s, Bullock, Habenicht, Van Dyke Nays : Council ~r Clayton Notion carried . Mr . Wanush was advised that Council will l11te to be prov ided with details of established local guidelines . (c) City Manager Fraser presented a r solution 1MP1e.tnt1ng the ZS wag Increase for th non-1"9 ncy 1 oyees cov red by the Eng 1 od Uip 1 oy s As octa ton contr c s approved by th tl ctorate In h r c nt Sp clal El c - tlon . that h1s ncrea o J nu ry 1 1 Th re olu fon as gMdan r and rt d by tl 1t: R SOlUTI • 10, I S Of 1990 I . Englewood City Council Minutes February 5, 1990 -Page lOa • • • A RESOLUTION IMPLEMENTING THE MEASURE APPROVED BY THE ENGLEWOOD VOTERS ON JANUARY 30, 1990, RELATING TO THE COLLECTIVE BARGAINING CONTRACT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE ENGLEWOOD EMPLOYEES ASSOCIATION/AFSCME LOCAL 303. COIIICIL IEMEl HATIWIAY MOVED, MD IT WAS SECOIIDED, TO APPROVE RESOLUTION NO. 10, SOlES OF 1990. Ayes: Council Metlbers Kolhy , Hathaway, Wiggins, Bullock , Cl&yton, Habenicht , Van Dyke Nays: None Motion c:&rrted. (d) CCIUIICIL .,_. HATIWIAY ROVED, -IT MU S£COIIDO, TO I£SCHEDULE THE I£IUUI •n1• OF F~Y 11, lt90, TO F~Y ZO, 1t90, AS FEIIUMY lt IS PUSIDUIT'S DAY, A UCO.IZED LEIAL HOLIDAY. ~es: Council rs Koltay, Hlth&w&y, Wigg ins, Bullock, CltYton, H&benlcht, Van Oykt N&ys : n urr tel . u . ctty ...... port d d no to c "" 1 . I . Englewood City Council Minutes February 5, 1990 -Page lOb 13 . City Attorney's Report • • • I . . Englewood City Council Minutes February 5, 1990 -Page 11 • • • (a) City Attorney DeWitt presented a resolution approving Englewood's position statement regarding the EPA Interim Settlement Policy. He informed Council that if the resolution were approved, he would be presenting it along with a letter signed by Mayor Van Dyke to U. S. Environmental Protection Agen - cy with further c~nts by the City of Englewood. The resolution was assigned a nu~r and read by title: RESOLUTION NO. 11, SERIES OF 1990 A RESOLUTION APPROVING POSITION STATEMENT WITH RESPECT TO MUNICIPAL SETTLEMEN T WITH EPA . CGUIICIL ..a cun• ..U, _, IT IMS KC.O, TO APPIOVt I£SOLUTif* 110. 11, SEIIES OF 1110. Ayes : COUM il r s Koltay, Hathaway , Wiggins, Bulloc k, Cl ayt on, Habt ntc t , Va n Oy e Nay s : ton c arr tel . (b) It r rtttd tha t trannctton btt n Sachter aftd nt Au hority for th L ncoln S t p r ng nt Aut or ty ll t ran r - r t p t c ty . I . • • • • • Englewood City Council Minutes February 5, 1990 -Page lla (c) Mr. DeWitt asked for authority to settle within the deductible limits a claim with Victor Calderone for an injury he incurred while riding a bike . COUNCIL NEMER HAIEIUCHT NOYm, MD IT WAS SECONDm, TO AUTHORIZE THE CITY ATTORNEY TO SETTLE WITHIN DEDUCTIIE LIMITS WITH VICTOR CALDERONE. Ayes: Council Metnbers Koltly, Hathaw1y, Wiggins, Chyton, H1benlcht , Y1n Dyke N1ys : None Ab shln: Council Member Bullock Motion c1rrled . Mr . Bullock explilned he h1d 1bst1lned due to 1 possible con- flict of I nterest 1s Mr . C1lderone h1 s been 1 clien t of his. 14 . leneral Dheusston (1) Mlyor 's Choice (f) Miyor Y1n Oy announced th r organization of th Fir S r · vfc s Otl very Tas Fore ct tz n r pr c Dtstrfc • add ttonal cfth n fro. t C nt nnftl arta, a r pr s ntatf ~ o "-dfcal C.,t r . Th first force s F bruary 15 t 6 p.e . tn th C ntty ROOII . Th or th first and hfrd Thur da 11 t Tn n t C tnt ar I . • -• • • know the issues facinJ_this Task ~roe will be chal~nging, and 1 look forward to reeeiv· your recommendations. ~ Sincerely, Mall to: Rod Hanson 2266 ~. Hi l lside Enclewood, Co Richard Jara•io, President Covert Auto Body, I no. 3750 S. Kalamath St. lewood, Co 60110 Martin o 1410 E. Cornell Ave. Enclewood, Co. 80110 Connie Oavlet Creative Assoc. 3032 S. Delaware Enclewood, Co 8 0 11 0 P t Tr I t Otr e c or of Pr e -01 s 00 . Ha•pden Ave., P.o. lo 0 1 a l I rvlcee ut te 1 LtV I Higgins 690 S. Pennsylvania Enctewood, Co Debbie Perry-Smith <address () Gary Oounay 4445 S. Elati St. Enclewood, Co. 80110 Marc• Hoelter '>6 0 S. Elati S t. Enc l ewood, Co. 6 0 11 0 ~/ I • • - Englewood City Council Minutes February 5, 1990 -Page llb District I -Rod Hansen and Di ck • • • I . . • Englewood City Council Minutes February 5, 1990 -Page 12 District II District Ill !J i s trict IV Centennial area - Swedish Medical Center -Pat Tritt (b) Council Me.ber's Choice • • • (i) A resolution approving aid to other agencies was considered . The resolution was assigned a nu.ber and read by title: RESOLUTION NO. 12, SERIES OF 1990 A RESOLUTION DONATING FUNDS TO AGENCIES BY THE CITY OF ENGLEWOOD . CC..::Il NEMEl CLAYTOit MOVED, MD IT IMS S£COitDED, TO A'PIOYE lESOlUTIOit NO. U, SOlES Of ltto, WITH 1'H( FOllOWIIIIi AllOCATIOitS: UfTElFAITH TASl FOICE fU&.S. *EELS PARADE AS SOC I A Tl ON ARAPAHO£ HOUSE su.ooo 1,700 2.600 I . • Englewood City Council Minutes February 5, 1990 -Page 12a ARAPAHOE COUNTY MENTAL HEA LTH GATEWAY BATTERED WOMEN 'S SHE LTER HORSECAR -CHALLENGE GRANT HOSPICE OF DENVER CHRISTMAS LIGHTING ARAPAHOE PH I LHARMON I C Vo te res ult s: • • • 1,600 1,000 1,500 300 300 300 (IN TICKET PURCHASES) $25 ,300 Ayes: Council Metllbers Koltay, Hathaway, Wiggins, Bullock, Cl ayton, Habenicht, Van Dyke Na ys: None Mot i on carr ied. (ti) A resolution establishing the Municipal Court Judge's salary for 1990 was considered. The resolution was assigned a nUIIber and read by tttle: RESOlUTION NO. ll, SERIES OF 1990 A RESOLUTION ESTABLISHING ANNUAL SAlARY FOA THE fi.INICIPAL COURT JUOGE FOA TH CALENDAR YEAR 1990. I . • - • Englewood City Council Minutes February 5, 1990 -Page 13 • • • COUNCIL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 13, SERIES OF 1990. Council Me.ber Clayton expressed concern that the amount of increase is con- siderably higher than those approved for other employees . COUNCIL lmiiR CLAYTON NOVED, AND IT WAS SECONDED, TO TABLE RESOLUTION MO. 13, SOlES Of lttO. Ayes : Council MeMbers Koltay , Hathaway, Clayton, Habenicht Nays: Council Members Wiggins, Bullock, Van Dyke Motion carried . Council "--ber Clayton requested that a presentation by the Court ~inistra · tor concerning Court operation be scheduled for a study session . Council "--· ber Bullock stated the Issue had been thorou9hly studied; he also stated Resolution No . 13 concerned the Jud9e 's 1990 salary and had nothing to do with the operation of Municipal Court. He further stated that Mr . Parkinson is an elected official of th City, not an e~~ployee, and that th salary for th is POS ft ton has n und r 111r for y ars. Mr . Clay ton cont nted th tncr as as too .uch n xcts o lh t approved or oth rs In th Cf y . Counctl ber Hath ay c nted that on t th salary ts tstablfshtd, t uld be r tro · ac ttv to th ffrst of th y ar . (t A r olut to 8o rd I on Th IS a n t tl I . • Englewood City Council Minutes February 5, 1990 -Page 13a RESOLUTION NO. 14, SERIES OF 1990 • • • A RESOLUTION APPOINTING MEMBERS TO TERMS ON BOARDS AND COMMISSIONS OF THE CITY OF ENGLEWOOD. CCUICIL NEMER HATHAWAY MOYm, MD IT WAS SECONDm, TO APPROVE RESOLUTION NO. 14, SERIES OF ltto. Ayes: Council Members Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke Nays : None Motton carried. The appoint~nts are as follows: loaN of 1s Sandra George -reappointed for ten. February 1, 1990 to February 1, 1994 Linda Cohn -to fill ten. expiring February 1, 1991 Ms. Hathaway Introduced 1 ( of th n ly appointed rs who re pre n In th audt net . T n appoint s will be Invited to attend the F bruary 20, 1990, Council appoint nts . (tv) A olutfon wa 1 tlftg to receive official nottfcatton of th tr olut on oppos "9 n1t Bfll consld red . T 1 n I t 1 : I . • Englewood City Council Minutes February 5, 1990 -Page 14 RESOLUTION NO. 15, SERIES OF 1990 • • • A RESOLUTION OPPOSING S.B . 98 RESTRICTING CONFINEMENT OR DETENTION OF MUNICIPAL JUVENILE DEFENDANTS IN STATE AND COUNTY FACILITIES. COUNCIL NEMEl WI&&INS ROVED, All) IT WAS SECOIIDED, TO APPROVE RESOLUTION NO. 15, SEalES OF 1g90, Mr. Wiggins briefly shted the City 's ruson for opposition -LOU LISTEN TO Vote results : Ayes : Council Metlbers Koltay , Hathaway, Wiggins, Bullock , Clayton, Habenicht , Van Dyke Nays : None l'otlon carried . (v) A re solution supp ort i ng House Bill 1174 , In co ne pt, was con - st de red . The resolu t ion w1 s assigned 1 n r 1nd re ad by title : ~ SOLUTION • 16 , Rl S OF 1990 A R SOlUT ION SO PPORTI H.8. 117 4, I C EPT , LATI TO MA SS T SPOATATIOH PllOJ CTS . I . • Englewood City Council Minutes February 5, 1990 -Page 14a • • • COUNCIL MERIEl CLAYTON !tOYED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 16, SERIES OF 1990. Mr. Clayton connented that he appreciated Ms. Habenicht 's efforts advancing the City's view in this matter. LOU LISTO TO INEIIICHT'S CCIIOTS HO, TAPE 2 TO SEE IF ANYTHING SHOULD BE ~. Vote results : Ayes: Counc i1 Metlbers Kol hy, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Matton carried. (vi) A resolution opposing sections 7 and 10 of Senhte Bill 54 was considered . The resolution wa s assigned a nu.ber and read by title: RESOlUTION NO . 17, SERIES Of 1990 A RESOLUTION OPPOSI SECTIONS 7 AND 10 , S.B. 54, REGARD! EXATlOH PROYJ · SIONS DEALING WITH LIBRAaV DISTRICTS. CGUICIL ICHT *MD, _, IT MAS S(COIIDQ), TO APNOft lfsot.UTIOII 110. 17, I[S 01 lttO. I . • Englewood City Council Minutes February 5, 1990 -Page 15 • • • Ms. Habenicht stated that would not support the annexation portion of Senate Bill 54 which placed veto power in the hands of Districts over municipalities. She a 1 so opposed the ambiguous (check spe 11 i ng) language with reference to special library districts being dissolved . LCIU, liSTtlllO M(R CCIRMEITS TO SEE IF THIS ADEQUATELY REFLECTS HT SHE SAID. Vote results: Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Matton carried. (vtt) A resolution opposing certain portions of House Bill 1134 was considered. The resolution was assigned a nu.ber and read by title: RESOLUTION NO. 18, SERIES OF 1990 A RESOLUTION OPPOSING CERTAIN PORTIONS 0 H.B. 1134 REGARD! OPERATIONS OF POLICE OfFICERS . ERCOVER COUIICil ..,_. IIIMI IIDV£D, _, IT *S S(CMQ, TO AH'IO¥£ RfSOUIJION 110. lt, SEIIES Of ltto. I . • Englewood City Council Minutes February 5, 1990 -Page 15a Vote results: .. • • • Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays : None Motion carried . (viii) A resolution supporting House Bill 1003 was considered. The resolution was assigned a nuMber and read by title : RESOLUTION NO . 19, SERIES OF 1990 A RESOLUTION SUPPORTING THE COLLECTION OF TAX ON MIL ORDER SALES • H.B. 1003 . COUIICIL ...0 IIAIOIICIIT IIMD, -IT IMS S(CCII)(D, TO APNO¥t I£SOWTICII 110. 11, SEIIES OF 1110. Yote rtsul ts : rs Vigg ns , Ha nicht oltay, Hath ay, ulloc , Clayton, Y n Oy t on def a ted . I . • Englewood City Council Minutes February 5, 1990 -Page 15b • • • LISTEJI AT UU-11M FOR VM DYKE'S AND FRASER'S CCIIIEJITS -INCLUDE If YOU THINK WORlliiHILE. also clayton's c~nts a little later on. I . . • • • • Englewood City Council Minutes February 5, 1990 -Page 16 ( i x) This item was acted upon earlier in the meet i ng -see Page ???? (x) Mayor Van Dyke reminded everyone of the town meeting at 7:00 p.m. on Tuesday, February 6. (xi) Council ~r Hathaway presented two i tems : (1) COUNCIL NEMER HATHAWAY MOVm, MD IT WAS SECOMDm, TO RESCHEDULE THE REIULAR MEETIII& OF APRIL 2, 1990, TO APRIL 3, 1990, TO PROVIDE lOTH THE CITIZEIIS MD COUNCIL REMERS TO PARTICIPATE IN THE CAUCUS PROCESS. Aye s: Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nay s: None Not ion carried. J) J) (Z) Ms . Hathaway infon.ed Council of a proposal t~ be res - ented on February 28 to funding organizations for a youth for the Quincy Fire Station . The proposal Is to use the Quincy Fire Station for an organization kn as •Not Bad•, a facilitating organization for kids o b v be n In trouble but ar r qulrtd to do c ~ntty service, but atght al o adults who are required by h co urt to do c ntty service . It lttntd to also an {J 1-organization that Is loo lnt at providing a couns ling cent r fo to that they would not have to sp nd a lot of funds for or th t tr par n uld not hav to xt nd a lot o funds for . T propo al p tty aueh up In th atr right n and ng draft . Th t jor pl r n th1 D ' I . • - / • • Englewood City Council Minutes February 5, 1ggo -Page 16a • • • particular proposal are Connie Daviet and Gary Kozacek, and with that Gary has requested the use of the community room on the 28th of February, and I didn't know if he didn't know who to schedule that with, but I'd like to know whether it can be available for this presentation to the people that may be funding. We •ay be talking of funding entities as Coors, the Peton foundation and dif - ferent other things which •ay help facilitate either the sale or a long term lease of the quincy fire station property. It •ay also not fly, but the quin - cy fire station based on their needs, but they are currently looking at it as a possible use for it. Mr. Fraser will check the availabil ity of the roa.. Council "'-ber Clayton sugvested that zoning and historical use of the Quincy Fire Statton be checked; also that consideration should be given to the sur - rounding neighbors as to this proposed use . 15 . Adj~t CCIUIICIL ..,_. ULTAY MVED TO ...... Th tlng adjourned at 9 :45 P·•· City Cltr I . •