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HomeMy WebLinkAbout1990-02-20 (Regular) Meeting Agenda• • • February 20, 1990 Regular City Council Meeting ~~~~r I • • • I( ) 7 0 0 • I. Call to Order • • • EIIILEVOOD CITY COUIICIL EMLEVOOD, AUPNtOE COllfTY, COLORADO Regular Session February 20, 1990 The regular ~eting of the Englewood City Council was called to order by Mayor Van Dyke at 7:40 P·•· 2. Invocation The invocation was given by Council Me.ber Koltay . 3. Pleclte of Allettance The Pledge of Allegiance was led by Mayor Van Dyke . 4 . loll Call Present: Absent : A quoru. was present . Council "--bers Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Also present : Ci ty Man19tr Fraser City Attorney DeW i tt Cfty Clerk Crow s. Minute s (a) CCUCIL MUIIT£$ OF Tit( I£IUUI 6. ~ s : H ys : on carrted . ral Dhcu ton (a) yor 's C o Assistant Ci ty Attorney Gr l .. Di rector W1990fttr , Publ ic Work s ICOUAY MOVED, IT SfCOIIDED, TO A'NOVE THE 01 Of FOIUAIY 5, ltto. Council rs ol tay. Hathaway, Wiggins, ulloc , Clayton, Ha n cht, Van Dy n I . • Englewood City Council Minutes February 20, 1990 -Page 2 • • • (i) Mayor Van Dyke announced that future study sessions which precede the Council meeting will be held in the Community Room and will com- mence at 6:00 p.m. Hopefully, this will provide a better opportunity for in- terested citizens to attend and become better informed about various city is- sues. She also announced that the format for the agenda has been changed to provide various council members the opportunity to present their concerns ear- lier in the evening rather than at the close of the meeting. (ii) Mayor Van Dyke proposed, on an annual basis, selecting an individual to be recognized as an outstanding citizen of Englewood; she sug- gested Beverly Si.on as a candidate for the first honor, cOMmenting that Mrs. Si.on is an individual who has contributed a great deal to the con~~~unity . Mayor Van Dyke further proposed that Ms. Si.an be recognized at the town meet- ing tentatively scheduled for May. Council ~r Hathaway suggested that it might be possible to coordinate this event with the Charter anniversary and/or date of Incorporation . (b) Council ~r's Choice (i) Council ~r Koltay spoke concerning expenditures in Coun - cil's budget, specifically "'-bership and Dues for 1990, which total $36 ,831 .86 and include the following organizations: National league of Cit - ies, Colorado Municipal league, Denver Regional Council of Govern .. nts, South Metro Cha.ber of Ca..erc , Greater Englewood Ch.-ber of Ca..erce. Mr. Koltay suggested that Council should debate the issue specifically or to single out those which should be paid at the present ti .. , postponing the others for fur - ther d hcuss ion. c.IICIL _. ULTAY IIOVED, -IT liAS ~. TO APNOV£ 'AYIIOIT AT THIS TillE Of_. ... ,-DUES TO 1M( FOU·I· _.IZATI-: MTI.aL l£MUl Of CITIU -$l,t3t DUMI IOI.at. CCUCIL OF IOVDIIDTS (FIIST IW.F) -$3,100. Mr . Koltay explained he wa not including the Greater Engl..ood Ch r of C~rce a thh ti , pending clarification of various it•s whfch Council r Clayton w 11 bring bac to Council for their cons ration . ult : 11 I • • • • • Englewood City Council Minutes February 20, 1990 -Page 3 Motion carried. (ii) Council Member Hathaway presented a Resolution pertaining to a Letter of Agree~~~ent from the Malley Center Trust Fund for purchase of St. Louis Church property. Ms. Hathaway advised Council that the Malley Center Trust Fund had met recently concerning the Church's acceptance of an offer of $70,000 to purchase the south 75 x 125 feet of the St. Louis School Play - ground. She explained the purchase of this property is the first step in the expansion of the Malley Center ca.plex. She advised the money, i.e ., $70,000 plus $12,000 for related costs and i11prove~~~ents, is available in the Malley Center Trust Fund. There will be no additional City expenditure . She re - quested that Council approve this expenditure fr011 the Malley Center Trust Fund. The Resolution was assigned a nuMber and read by title : RESOLUTION NO . 20 , SERIES OF 1990 A RESOLUTION ACCEPTING A LETTER OF AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ST. LOUIS CHURCH REGARDING THE CITY'S PURCHASE OF THE SOUTH 75 X 125 FEET OF THE ST. LOUIS SCHOOL PLAYGROUND , I.E ., PARKING LOT . COUNCIL .,_. HATIWIAY IIOVED, All) IT MAS S€CCII)£D, TO AHIOYE RESOLUTION 110. 20, SOlES OF lttO. Ayes : Nays : Motion carried . Council Metlbers Koltay, Hathaway, Wigg ins, Bullock, Clayton, Habenicht, Van Dyke None Council Me.btr Hathaway urged everyone to attend Mrs . Malley 's 100th birthday celebration on March 2 . (iii) Council .....,_r Wi99ins asked for a status report on th lease purchase for the fire truck . Mr . Fraser advised that staff was ch c ing into financing alternatives ~ich .. 1 .. Itt better Slftse than those propo sed by the .. nufacturer . Mr . Fraser will .. ke a reco..endation on this .. tter at th next regular Council ting (March 5 , 1990). It ts estiaated the true 11 be ready for delivery late Augu s t /early Sept..C.r . ( iv) Council r Ha n cht brought fo ard t it Uf'1 ng o s v ral to incl th cttlz n • I . Englewood City Council Minutes February 20, 1990 -Page 4 • • • northeast quarter of the City. One solution, brought to her attention, was to explore the possibility of relocating the Jefferson Fire Station near the Swedish complex east of Broadway and north of 285 and working out some type of public/private ownership. Council Member Hathaway stated she would support a resolution or motion to direct staff to find a way to keep the Federal Fire Station open until April. At which tiMe they would be an.ed with the findings of the Fire Services Delivery Ca..ittee and additional statistics to assist Council in making their final decision. Ms. Hathaway noted that she understood the Greater Englewood ChaMber of Ca..erce, GovernMental Affairs Ca..ittee, had drafted a letter stating they would like to see the Federal Fire Station closed . City Manager Fraser stated in order to keep the Federal Fire Station and both of the rescue units open 1 daily work force of 21 is needed. The current daily .. nning level is 18. Two to three addit i onal personnel would be required. If Council chose to authorize overt i .. , the cost would be between S12 -S14,000 1 day , assu.ing there are just three pos iti ons to •a ke up. Discussion ensued regarding .. nning levels. Council Me.ber Koltay questioned if they would be able to provide the sa level of service, without the transport funct ion, if .. n were ~ved fro. rescue and placed on trucks . Ctty Manager fraser st ated that, •inus the tran sport function, II would be capable of .. inta intng all four station s; tf the para.edtc vehicles .. re not running, ~r trucks would carry ftrst response equt,..nt . Dtscusston ensued. CCIUIICIL .._. .... JCIIT -.:D,-IT IllS S£~, TO .,_Ill-DII£CT THE STAFF Tl ,_ •• A t.nn OF fll£ SOWICl DniiOY Tl I.a.. UDI. AU FM Fill STATI-OPDI--TIE ClOCI,-Tl UD lint 1UCUU 0PU1-WOATI. naM• THE .._., OF ANIL . CCIUIICIL IIATIWMY -.:D, -IT llltuel •I(SCU( Zl Will I( WOATI CAl U(P IT STAff'ED. • Co IIC 1 y nd H pol cy I Englewood City Council Minutes February 20, 1990 -Page 5 Vote results on the amendment: • • • Ayes: Council MeMbers Hathaway, Wiggins, Bullock, Clayton Nays: Council Me.bers Koltay, Habenicht, Van Dyke The amendment carried. Mayor Van Dyke questioned the cost i~lications of the .otion. City Manager Fraser stated he would have to review the changes with staff prior to advising Council of the cost. He suggested they delete the designated rescue nu.bers assigned in the ame~nt as he did not know the current nu.ber configuration of the newly acquired vehicle . COUIICJL ~ IIATHAIMY IIOVED, All) IT MAS SECCIID, TO DELETE THE REFERENCE TO THE RfSCU( .. IT ... OS II THE PREVIOUS MEIDD1. ~es: Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None ~~nt carried. City Nanager Fraser advised that given these para.eters, the cost per day for overtt• would be fro. SlOO to Sl,OOO depending on staffing. Discussion ensued retarding cost estt .. tes. Council ....._r Clayton u"9ed defeat of the original 110tton as he felt the IIOt•on was based on fear, ignorance and inaccur ate perceptions Instead of reality and fact. Council ....._r Habenicht responded to . Clayt011 's co..nts, disag tng w th his assess.nts and stating she -a s atte.,t ng to tee, the service level t s for everyone un 11 rec~atiOfls are by t Fire Service O.ltv ry Co.ttt ... ot ults on t A Ny c1rr I . • • • Engl.wood City Council Rinutes February 20, 1990 -Page & governmental i-.unity as a ca.unity. The Resolution was assigned a number and read by title: RESOLUTION NO. 21, SERIES OF 1990 A RESOLUTION OPPOSING HOUSE BILL 90-1198. COUNCIL REMIO CLAYTOII ROVED, MD IT MAS SECCifl)£0, TO APPROVE RESOLUTION NO. 21, SERIES OF 1990. Ayes: Nays: Motion carried. Council Metlbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (vi) A Resolution opposing House Bill 90 -1245 wu considered . Council Me.ber Clayton stated this Bill would prohibit the City of Englewood fro. providing support and assistance to its Credit Union. Mr. Clayton stated the Credit Union is of benefit to the City's e~~ployees, and he was of the opinion Council should oppose this proposed state legislation . The Resolut ion was assigned a nu.ber and read by title : RESOLUTION NO . 22 , SERIES OF 1990 A RESOLUTION OPPOSING HOUSE BILL 90 -1245 PROHIBITING AID IN ANY FORM TO CREDIT UNIONS BY PUBLIC ENTITIES. CCUICIL ..U Cl.An.l DID, -IT liAS SEa.D, TO APfliOVE IESOWTIOII NO. II, SOlES OF litO. Ayes : Nays : Motion carried. Council .....,. .. , IColtay, Hathaway , Wiggins, Bullock, Clayton, Haben icht, Van Dyke None (vii) A Resolution opposing House Btll to -1123. Council Mttlbtr Habenicht explained the Bfll concerned ftOMIOrtt -hours activity of publtc ploytts. The Resolution was assigned a nu.ber and reM by title : RESOLUTION NO. ZJ . SERIES OF 1990 A R SOlUTION OPfiOSI HOUSE BILL to -llZl C ERNING IOIIORK -HOURS ACTIVITY . CGUIICIL Mll'IWMY MID, -IT TO APfliOVE IESOl.UTJOII NO , U, IES OF litO. Ay s : Council rs IColtay, Htth 1y, Wtggtns, Bulloc , Chyton , Htbtntcht, Van Oyk Nay : on Ul"rltd . 7. Pre -ct.dulld Vhttcws (I) Cit I o 1 nc:td thet C l"ttftcet o pre tftttd to ty ppotnt I . • Englewood City Council Minutes February 20, 1990 -Page 7 • • • boards and comm i ssions . Council Member Hathaway assisted Ms . Van Dyke i n the presentations as follows : Board of Ad~ustment and Appeals linda ohn Election Commission llomar Warren Firemen's Pension Board Willis "Shorty " Resley Parks and Recreat i on Comm i s si on Austin G0111e s Planning and Zoning Commi ss ion L1 oyd Coven s Connie Oav i et Public li bra rl Board l aril yn shlock Dougla s Cohn Re t i r ... nt Board Jil l MHs Gary &o.an received by her husband Ron Schildt Certificates of Appotnt.ent will be aailed to the newly appointed board and co.tsston ....,.rs who were unable to attend and recetve th personally. Mayor Van Dyke announced that all ...O.rs of boards and co..tssfons will soon r celve logo lapel pins as a saall to en of Council's appr ciatfon . N ys : t n c ,.rttd . I . Englewood City Council Minutes February 20, 1990 -Page 8 • • • Council "--ber Bullock coapli~ented Mr. Gri.-on his fine record as Assistant City Attorney. Mr. Bullock read the Procla•ation in its entirety. COUIICIL _,.El D.LOCIC MOVm MD REQUESTm JOINT SPOIISOISHIP IY All MEMBERS OF COUIICIL TO APPIOVE A PROCLAMATION HONORIN& CHARLES C. UI .... Ayes: Council Me.bers Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke Nays: None Motion carried. (c) E.-ett A. Moss•an, 1430 E. Bates, did not appear as scheduled. 8. Non-scheduled Visitors (a) Kenneth Waechter, 3127 West Tufts, inquired about the fire truck and was info~ that the vehicle is being built to Englewood 's specifications . Mr. Waechter info~ Council that he did not feel adequate notice was given to residents and businesses of Centennial Acres for either of the two recently held town .. etings . He asked that Council reconsider its policies and to i n· elude notice to !ll citizens prior to future .eatings . Mr. Waechter brought to council 's attention statistics which indicate that Englewood 's per capita costs for the salary of the City Manager far exceed those of other cities tn the .. tropolitan area, specifically citing Arvada , Thornton, littleton, and Aurora . This was further discussed . 9 . c-.ttcattOM w PNcl-ttons (a) COUIItll ._. QUAY M¥0, -IT liAS Sl:~, TO KCLMf T1tE MEEK Of MICII 5 nMat I, 1110, AS ·~D~DC~t ..._It SCIIIOlS tUX.• Aye s: Cou 11 rs Koltay , H1thway , Wiggin s, Bullock, Clayton , Habeni cht , Van Oy Nay s: tt on carried . Nays : t n carrf n • Englewood City Council Minutes February 20, 1990 -Page 9 • • • (b) Minutes of the Planning and Zoning COMission ~~~eeting of February 6, 1990. (c) Minutes of the Urban Renewal Authority .eeting of February 7, 1990 . (d) Minutes of the liquor Licensing Authority ~~eetings of January 17 and February 7, 1990. (e) Council Bill No. 6 for an ordinance on final read i ng approving the Highway Safety Contract with the Colorado Oepart.ent of Highways. CCUI:IL MRIO NATIWIAY MOVED, MID IT WAS SECOIIDED, TO ACCEPT COIISOO A&EJI)A ITEM I (a) TMlCIUat (d) • Ayes: Council Metlbers Koltay, Hathaway , Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. CCUI:IL lEMlER NATNAWAY ROVED, MID IT WAS SECOIIDED, TO APPROVE CONSENT A&EJI)A ITEM I (e) AS FOLLOWS: (e) ORDINANCE NO. 8, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER KOL - TAY (COUNCI L BILL NO . 6), ENTITLED : AN ORDINANCE APPROVING THE CONTRACT BETVEEN THE CITY OF ENGLEWOOD AND THE DE - PARTMENT OF HIGHWAYS , DIVISION Of HIGHWAY SAFETY, STATE Of COLORADO . Ayes : May s: Mot1 on carr i tel. 11. Public IIHrtnt Counc 11 Mellbers Kol hy, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Mont No publtc hearing wa s scheduled. 12 . 01"4tnanHS, lesolutions and llottons to I Ill 0 I . • • • Englewood City Council Minutes February 20, 1990 -Page 10 A BILL FOR AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 6, ENGLEWOOD MUNICIPAL CODE 19BS, BY IMPOSING A FINE OF $1 ,000 FOR VIOLATIONS OF SANITARY SEWER PRETREATMENT REGULATIONS. COUIICIL ~ IULLOCit IIOVED, Ml) IT MAS SEcc.ED, TO APPROVE ON FIRST READING COUIICIL IILL NO. 7, SERIES OF 1190. COUIICJL ~ HUEIIICHT IIOVED, Ml) IT MAS SEcc.ED, TO MDI) COUNCIL BILL NO. 7 TO INDICATE A CHAM1E II SECTION 1, WITH 12·2·1 J TO READ AS FOLLOWS: 12-2-1 J: CIINIIIAL PDIALTY Ml) FIIIES. ANY PERSON WHO VIOLATES TIE PI0¥1510115 Of THIS CHAPTER SHALL BE SUI.JECT TO A FIIIE OF lOT IIOIE TIWI OlE THOUSAND DOLLARS ($1,000.00) PO DAY FOI EACH DAY THAT A USER IS IN VIOLATION OF THIS CHAPTO. II ADDITION TO SUCH FINE, THE .JUD&E MY IMPOSE A JAIL SENTENCE ON ANY ADULT OFFENDER EI&HTEEN (11) YEAIS OF AlE 01 OLDER FOI A PERICIO OF TIME NOT EICEEDI• OlE Hlii)IED EIIHTY (110) DAYS. Vot e results on the a.e~nt to Council Bill No . 7: Ayes : Council "'-bars Koltay, Hathaway, Wiggin s, Bullock , Clayton , Habenicht , Van Dyke Nays: None Motion carried. Further discussion ensued concerning the a.»unt of the fine and specific word - inv. City Attorney Dewitt suvgested tabling the .. tter which would give hi m the opportunity to redraft the ordinance . COUIICIL .,_. ~oat IIDVED, -IT liAS ~. TO TAILE MDilA ITEM 12(1) Ayes : Counctl .....,.rs Koltay, tt.thaway, Wiggins , Bullock , Clayton, tt.befticht, Van Dyke N.ly s: NoM Mot ion carried . Mr . Detlttt ~sled ti• at the next s tudy session to suffi -ciently review th ts wi th Council. (b) A Resolution te~inating City -paid health insurance for ...oars of £nvlewooct City Counctl wa s considered . Mayor Va n Dyke tlCplalned that this R olutlon u bttng pres nted u 1 r ult of the Spechl E1 ctfon h ld on J nuary 30 . 1990 at ich Engl clthens voted to t rwtnltt CHy·p•td alth insl.l rance for Counc 1 rs . Th R solut on was assigned a n r fld reid by t t t le : R SOlUTIO. • 24 . SERIES Of 1190 A SOlUTIO. TEMINATI CITY ·PAID H Alllf FOR ERS Of £ l£ CIT C IL. IMO, -IT , TO AINOVE SOlUTI. 110 . 24, I . • .. Englewood City Council Minutes February 20, 1990 -Page 11 • • • Mayor Van Dyke stated the citizenry, as indicated by the results of the Spe - cial Election, had made their wishes known. Vote results: Ayes : Nays: Motion carried. Council Melllbers Koltay, Hathaway, Wiggins, Bullock , Clayton, Habenicht, Van Dyke None (c) A Resolution establishing salaries for the City Manager, City At - torney, and Municipal Judge for the calendar year 1990 was considered. Mayor Van Dyke explained that Council is charged by Charter to set these salaries. She further explained that the salary proposed for the City Manager includes a 2 .51 increase, as does the salary proposed for the City Attorney; the salary proposed for the Municipal Judge includes a 101 increase. The Resolution was assigned a nu~r and read by title: RESOLUTION NO. 25, SERIES OF 1990 A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER , CITY ATTORNEY, AND MUNICIPAL JUDGE FOR THE CALENDAR YEAR 1990. COUNCIL IIEIIID IULLOCit ROVtD, All» IT MAS SECCII»£0, TO APPitOVE RESOLUTION NO. 25, SERIES OF 1110. Council ~r Clayton stated he would oppose this resolut ion as he felt the City Manager was deserving of a larger increase in light of his perfonaan ce. Council ~r Wiggin s stated he too would oppose the resolution, however, for a different reason. He stated he wa s in favor of the increases proposed for the City Attorney and the Municipal Judge. However, he felt the constituents he represents does not feel Mr -Fraser warrant s an increase at this ti.e since he did receive a 51 increase last July. Vote results: Ayes : Nays : tion carried. Mr . rs Hathaway, Bullock, Habenicht, Van Oyk rs oltay, Wiggins , Clayton to c t upon hi vot . I . • • • • Englewood City Council Minutes February 20, 1990 -Page 12 Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None 13. City Manager's Report Mr. Fraser did not have any •atters to bring before Council. 14. City Attorney's Report (a) City Attorney DeWitt requested a motion to accept the Warranty Deed fr0111 the Englewood Downtown OeveloJ)IIent Authority (for property conmonly re - ferred to as the Sachter property) conveying to the City the EDDA parking lot located in the 3400 block of South lincoln. COUNCIL NDIIER HATIWIAY MOYm, MD IT W SECONDm, TO ACCEPT THE WARRANTY D£m FIOit TH£ £NIL£WOOO DCMITM D£Y£LOPt100 AUTHORITY FOR TH£ mDA PARJCING LOT. Ayes: Nays: Motion carried . Council Me.bers Koltay, Hathaway, Wiggins , Bullock, Clayton, Habenicht, Van Dyke None (b) Mr. DeWitt invited Council to stop by his office on friday , February 23, to extend their best wishes to Beverly Brtzee who 1s 110ving to Texas . • • • • • Before adjourning, Mayor Van Dyke wfshed to conclude '-neral Disc ussion • Agenda lt .. 6 as follows : .... • I . - Englewood Ctty Council Minutes February 20, 19go -Page 13 • • • authorize overtime. As an effort to make the Centennial area people comfort - able and to help Council beca.e MOre comfortable he felt this procedure should be readopted, to be ad•inistered by the City Manager and the Director of Safe -ty Services. COUNCIL NEIIIEI ICOLTAY NOYED, lliAT COUNCIL ALLOII TH£ CITY Ullin TO REINSTATE THIS PIACTJCE 1110 IECESSMY Ale REPOIT TO CCUI:IL 1110 IT IS NECESSARY TO TAKE THOSE STEPS. The -.tter was discussed, but died for lack of a second. 15 . AdJour._,t COUNCIL MEllin 111111115 NOYED TO AD.JOUM. The ~ting adjourned at 9 :35 P·•· ~~~ ty er 0 • • • • • CITY CCX.CIL MDIDA STATUS REPORT FOR TIE F~Y 20, 1990 CITY CCX.CJL NEETIIIi Agendi Originiting I tet1 De irt~~ent Descri t ion Action liken Follow-up SA FINANCE 6A CMGR 681 CMGR 6811 R 681 f c COUNCIL MINUTES 2/5/90 (CLAYTON) MAYOR'S CHOICE -SUGGESTED HONORING BEY SI MON AS OUTSTAflliNG CITIZEN AT MAY TOWN N££TING KOLTAY MOVED TO PAY ONLY MBER - SHIP OUES TO NLC l DRCOG APPROVED 7-0 COPIES TO BE DISTR I BUTED APPttOVED 6 -1 (CLAYTON) FURTHER REVIE W OF DUES TO OTHER ORGANIZATIONS HATHAMAY MOVED RESOIZO ACCEPTING APPROVED 7-0 LETTER Of Alia£ NT FOR CITY'S PURCHASE Of A PORTION OF ST. lOUIS CHURCH PIIOPERTY FOR FUTURE EXPANSION Of lEY C T£R CO TS TO 8 VI E 0 • • 6Bi v CONTINUED 6Bv CMGR 6Bv1 CMGR 6Bv11 CMGR 7A CMGR 78 CATTY • • • BEFORE VOTING ON I«>TION AS AMENDED, HATHAWAY I«>VED TO AMENO TO DELETE All REFERENCES TO THE SPECIFIC RESCUE UNIT NUMBERS. AMENDMENT APPROVED 7-0 VOTING RESULTS ON I«>TION AS AMENDED: 4-3 (KOLTAY, CALYTON, RE50121 OPPOSING H890-1198 REGARDING GOVERNMENTAL IMINITY (CLAYTON) RESOI22 OPPOSING HB90-1245 PROHIBITING AID TO CREDIT UNIONS BY PUBLIC ENTITIES (CLAYTON) RE50123 OPPOSING HB90-1I23 CONCERNING NONWORK -HOURS ACTIVITY (CLAYTON) APPOINTEES WHO WERE PRESENT RECEIVED CERTIFICATES Of APPOIN NTS TO BOARDS ANO CflltiSSIONS CHARLES GRIMM RECEIVED OUTSTANOI ASSISTANT CITY ATT Y AWARD V D TO BRING VAll DYKE) APPNWED 7-0 APPROVED 7-0 APPROVED 7-0 APPNWEO 1·0 C R PROCLAMATION IQI)RI CHARLES GRI MM A_PPNWED 7·0 AS OUTSTANOI ASSISTNIT CITY An Y (BOllOCK) 7C OlD T 8A c • 7 • 0 FRASER TO PROVIDE FINANCIAL IMPLICATIONS TO COUNCIL AT FUTURE STUDY SESSION NOTICE TO BE GIVEN LEGISLATORS NOTICE TO BE GIVEN LEGISLATORS NOTICE TO 8E GIVEN LEGISLATORS SA CONTINUED 9A 98 lOA lOB lOC 100 10£ IZ A 128 12 C 12D 14A CMGR CMGR COflt O£V COflt D£V COflt DEV FINANCE SAF SERV CATTY c C R PU CATT • • • CITIZENS OF CENTENNIAL AREA; COMMENTED UPON PER CAPITA COSTS PROCLAMATION 3/5 -9/90 -ENGLEWOOD PUBLIC SCHOOLS WEEK (KOLTAY) PROCLAMATION 3/12/90 -ENGLEWOOD RECREATION CENTER (BULLOCK) EHA MINUTES 12/13/89 PLANNING l ZONING COMM . MINUTES 2/6/90 EURA MINUTES 2/7/90 EllA MINUTES l/17 l 2/7 /90 (HATHAWAY) ORO .I8 (CBI6 INTRO . BY KOLTAY) APPROVING CONTRACT W/D£PT. Of HIGHWAYS CBI7 INTRO . BY BU LLOCK AMEIIHNG §12-2-6 lfiiOSlNG Sl ,OOO FIN FOR VlOLATI Oit S OF SAlU TAR Y SE W R PR£TR£A NT REGULATI R SO 25 ST .SALMI S FOR CITY R 573,185 ; CITY ATTY 561,685; MUNI.JUOG 561,000 (BU lOC ) HAS 2 T T EPER HI N R • Sl 40,950 RT APPROVED 7-0 APPROVED 7-0 ) ) )ACCEPTED 7-0 ) ) APPROVED 7-0 INTRODUC ED, ME D. DISCUSSED AND TABLED AffllOV D 7 ·0 APPRO¥ 0 4·3 ( Ol TAY IGGI I CLAYTON) APPROV D 7·0 0 NONE TO BE PUBLISHED Olt FINAL 2/22/90 ; SAF SERV TO SECUR E SIGNATURES AND FILE SIGNED COitTRACT W/C ITY CLERK TO BE RECOitSI OE RED ON 3/5/90 AG EIIlA Eff CTI V 12 :59 PM l/31 /90 S R TROACTI V TO 0 W/C TRACT Y WITH CIT ll 148 CATIY • • • COUNCIL INVITED TO STOP BY OFFICE FRIDAY 2/23 TO EXTEND BEST WISHES TO BEY BRIZEE WHO IS III)YJNG TO TEXAS ADDITIONAL ITEMS III>ER GENERAL DISCUSSION -AGEIIlA ITEM 6 6Bvft i CMGR 6Bh CMCiR MYOR PROPOSED SCHEDULING MEETINGS Ill TH BOARDS All) CCIIU SS lOllS; AT A LATER DATE MEETINGS WILL ALSO BE SCHEDULED WITH CHA 1110 Of BOARDS All) CCIIUSSIOIIS KOLTAY DED TO DIRECT STAfF TO DIED FOR LACK Of SECCII) UTILIZE ITS FOMEl PIUEDUI£5 FOR OPERATION OF FilE DUIYElY SElYICES PRESEIIT: All fOIERS AOJOURN(O : 9:3 5 P.M. • 4 0 • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL FEBRUARY 20, 1990 7:30 P.M. 1. Call to order. 2. Invocation. 3. Pledge of allegiance. 4. Roll Call. 5. Minutes. (a) Minutes of the regular City Council Meeting ot February 5, 1990 . 6. General Discussion. (a) A Resolution opposing House Bill 90-1191, regarding governaental iaaunity. A solu 1on opposing House Bill 90-1245, pro- h bi ing aid in ny !ora o er di union• by p blie en 1 i s. 7 . c ) A so u ion oppoeing Houae lil 90•1123, eoneern1n9 nonwork-hour• e ivi y. V.ui on. (Pl .. ) 11• t your pr • ntation at- t I . • • • • • City Council Agenda February 20, 1990 Page{. qjl~~b) A representative fro• the Metro City Attorneys As-til) sociation will be in attendance to present the Out--1 / standing Assistant City Attorney Award to Englewood's Assistant City Attorney, Charles Grimm. f-i C; ~ ~c) Hr. Emmett A. Mossman, 1430 E. Bates, will be in ~ ~ attendance to declare his objections to the EPBA ?1~ ballot wording. 8. Non-Scheduled Visitors. (Please limit your presentation to five minutes.) K'M ~1.., 3/Z.7 a;.~ ,;f,e, ~d 4~~~~~~ 9. Communications and Proclamations. appJ 7-0 a#" 1-0 (a) Proclamation declaring the week ot March 5 through 9, 1990 as Englewood Public Schools Week. (b) Proclamation recognizing the titth anniversary ot the Englewood Recreation Center and proclaiaing March 12, 1990 as Englewood Recreation Center Day. (c) Proclamation honoring Englewood's Assistant City Attorney, Charles Griaa, tor his Outstanding As- sistant City Attorney Award. 10 . Consent Agenda. Accept (a) Minutes ot the Englewood Housing Authority M .. ting ot December 13, 1989. (b ) Minutes ot the Planning and Zoning Coaaission Meet- ing ot February 6, 1990 . (c) Hinu es ot he Urban Renewal Authority H at i "9 ot F bruary 7, ltto • (d) Minutes ot the Liquor Llcanain9 Authority Meetift9s ot J nu ry 17 nd F bruary 7, 1990 . Approv on 2nd Reading (e ) An ordin nc o~t in 1 r .. din9 approvin9 the Hi9hvay at ty contrac with the Colorado Departaen ot Hi9hw ya. 11. lie H rin • I • • ' fA~ • • • • • City Council Agenda February 20, 1990 Page 3 12. Ordinances, Resolutions, and Motions. 13. City 14. City 1--(a) (J,) 15. RWF: lah A bill for an ordinance amending the Englewood Mu- nicipal Code by imposing a fine of $1,000 for violations of sanitary sewer pretreatment regula- tions. This change is required by the Environmen- tal Protection Agency. All publicly operated wastewater treatment plants must impose a minimum penalty of $1,000 per day for each day that an in- dustrial user is in violation of pretreatment pro- gram requirements. STAFF SOURCE: RICK DeWITT, CITY ATTORNEY. A resolution terminating city-paid health insurance for members of Englewood City Council. This resolution is a result of the Special Election held January 30 at which Englewood citizens voted to terminate City-paid health insurance for members of the City Council. MAYOR VAN DYKE. A resolution establishing the annual salaries for the City Manager, the City Attorney, and the Mu- nicipal Judge for the calendar year 1990. MAYOR VAN DYKE. Recommendation from the Dapartaent of Public Works to approve by motion the purchase of tvo street sweepers to replace two of the existing fleet. The 1990 Public Works budget allows for the rep1ac ... nt of this equipment . STAFF SOURCE: JCELLS WAGGONER, DIRECTOR OF PUBLIC WORKS. Manager's Report. -e- Attorney's Report. chter d d for the nqlevOOd Au hority p rkin lot. 11Af~tt.· ~~~ &.¥-4-~ I • • • • • I . . • • I • 1. Call to Order • • • ENGLEWOOD CJTY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, 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.m. Z. Invocation The Invocation was gfven by Council Member Wiggins . 3 . Pledtt of Allegiance The Pledge of Allegiance was led by Mayor Van Dyke . 4. loll Call Present : Absent : A quoru. was present . Also present: Council Members Hathaway, Koltay, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None City Mtntg e r Frtser City Att orney DeWitt Cfty Clerk Cr Director Stanley, Safety Services Division Chief Miller, Stfety Services Director Wa nush, C~nity Develop~ent ••••• Mayor an Dy tnnounctd thl Mr . Fra r 's r qu st for f ntncttl u fsttnce 1th h r 1out1on to Engl od h d be n d scussed ll th study session . Dur i ng th t d\scu s l on Hr . Frtser w thdr h s propostl . Ms . Ytn Oyk sttttd Mr . Frts r 's original contrt ct is s ill In effect tnd that no ftn1nc al assis - tance for loc at ing tn Engl...aod w111 bt provided to hi• outstdt of his contrac • • • • * • S. MfftUtt 5 A 1 I . • Englewood City Council Minutes February 5, 1990 -Page 2 • • • (a) COUNCIL MEMBER CLAYTON MOVED, 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 -s cheduled VIsitors (a) Pol ice Off icers Anderson and Madonna introduced Anthony Rank, Nate Romero, 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- 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 perform their "rap" for the audience. Karen Gllcrist, 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 wittic isMs, stating he hoped this Information would be of benefit to Councilmembers in their approach to local governance. Mayor Van Dyke expressed appreciat ion to Mr. Haraldsen for his thought provoking c 01111en ts . (c) Lois Lighthall, 2945 South logan Street, stated she felt the inter - nal bickering and the hiring and firing of City Manager s is an exercise in futility and Is counterproductive . She stressed there are •any fine services In Englewood which need to be q ntafned; in addition, there are -.ny needs which should be addressed, i.e ., unlfora trash collection, l111proved sewage treat nt facilities, co.unity wide recycling, sid alk illlprovet~tnt dis - tricts, etc . She was pleased to hear the City Manager had withdrawn his request for relocation assistance, stating the 110ney could be used better els ere . She urged that Mr . fraser 's orfgtnal contra ct be nforced wi th no deviat i on or concession s . h "Close ad en · t o a • , TO Ill ITEM r . . ' 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 t itle: 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 MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 8, SERIES OF 1990. Council Member Habenicht stated this is one of those programs Council needs to support in terms of young people learning more about government. There was further discussion concerning the appropriateness of this request. It was clarified that $500 would be donated from Council's Aid to Other Agencies account. Vote results : Ayes: Council Members Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Abstain: Council Member Koltay Motion carried. Council Me.ber Koltay explained he had abstained fro. voting, as Ms. Lyon is his daughter and will be participating in the progra•. However, he felt she and the other students in the progra• are all deserving of the opportunity to participate . 7. Non-scheduled VIsi tors (a) Ken Waechter, 3127 West Tufts Avenue, with respect to Mr . Fraser withdrawing his request for relocation assistance, stated he did not think that postponi09 the issue for six .anths would stop sa.e of the concerns of his (Mr . Wae chter's) supporters in this •atter. In his opinion approving this reques would have be n 1 violation of the State Constitution. He crit1ciz d Council for the anner in which this Matter had betn handled and stattd he hop d a lesson had been learn d by all involved . H txprtssed concern about hold i ng th own eting on su ch short notice . H CO!NIIent d that s veral citizens had told hi they felt 1'1r . Fruer 's effeclfv n ss as a city anager was in doubt. Mayor Van Dyke clarified that the town 111teting wu sch duled several w e s ago , tht purpose being to discuss th outc01111 of th sptchl election, not th hsu und r discussion. Sht exphintd the unfortunate s1tuation of th article in the Sentinel giving tht wrong date of th town etfng . Sht stattd the Council had dent fts best to rtctffy that conflicting infort~~Uon . Council r Ha nlcht spolc of an additional conn1ct. of the t ttng date with th Planning and Zonlnt Co..tss1on's public h arfng to consider TI - tle JS (£nvtro ntal/Nutunct Cod ) of th (f19l ntctpal Cod . Sh • I . • • Englewood City Council Minutes February 5, 19go -Page 4 • • • explained that 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 manager to withdraw the request for reloca - tion assistance. Concerning Council's travel policy, he advised Council that when he was a council member several years ago he was privileged to attend a U. S. Chamber of Commerce meeting in Washington, D. C. While there, he was able to research records in the archives and find information which assisted the City of Englewood in determining property rights for Little Dry Creek Dam. (c) Chris Fulton, 4085 South Washington, inquired if other alternatives were being considered with respect to Mr. Fraser's request. Mayor Van Dyke assured 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 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 address the various issues which have come before them in a proper and eth ica l manner. Council Me.ber Clayton spoke concerning the feeling which was being expressed 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 of this Council that they were not willing to fully disclose . As the issue fn question was a sensitive issue, it required serious contemplation by all Coun - cil "--bers. He r .. tnded those present that this Council had .. de a real ef- fort to hold tCMI •etings and to ca-unicate with the citizens . And the Council intends to continue this policy. Mayor Van Dyke urged all present to attend the February 6th tCMI .. etlng. * * * * * 8 . C~icatfons and h'ocla•tlont (a) COUNCIL MMEI WIIIINS MOVED, MD IT WAS SECONDED, TO DECWE THE WEEK. Of FEUUAIY 11 THIOUIH 17. lttO AS "NATIONAL CHILD PASSOIIEI SAFETY AWAlO£SS WEEK . • ~ts : Nays : Motion carrltd . Counctl Mttlbers Koltay, Hathaway, Wi99lns, Bullock, Clayton, Habenicht, Van Oyke Nont (b) COUIICIL El lOUAY MOVED. ..., IT WAS SECOII)(D. TO OECLAlE FEIIUAIY AS • IICAN HJSTOIY ~.· 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 MOVED, AND IT WAS SECONDED, TO DECLARE 1990 AS THE "YEAR OF URBAN WILDLIFE." Ayes: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried . (d) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLNIATIOH IN SUPPORT OF FUNDING BY THE COLORADO ASSOCIATION OF COMMUNITY MENTAL HEALTH CENTERS AND CLINICS. Ayes: Council Members Kolhy, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays : None Motion carried. (e) COlltCIL MEMBER HATHAWAY MOVED AND REQUESTED JOINT SPONSORSHIP BY ALL MEMBERS OF COUNCIL TO APPROVE A PROCLNIATJON HONORING ELSIE MALLEY 'S IIRTJI)AY, AND PROCLAIMING MARCH II, 1990, AS "ELSIE MALLEY DAY." Ayes: Council Melllbers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Mot ion carried . (f) MYOI VAll DYl£ MOVED, AND IT WAS SECOIID£D, TO ACCEPT THE ECONOMIC DEVELOPIENT COALITIOII IJFOIMTJOIIAL UPDATE. Mayor Van Dyke briefly explained the purpose of the £con011fc Develop~~ent Coalition and urged everyone to review the update infor.ation. Council ber Hathaway invited citizens to attend these ... tings, explaining that the .. et · ings art held the third Wednesday of the .onth at 1:30 P·•· in the Perrin Con -ference R0011, Englewood Public Library. Vote results : Ayes : Council rs Koltay, Hath ay, 99 ns, Bullock, Clayton, Habenicht, Van Oy t None Nays : Mot ion carr fed . 9 . Consent Afenda (a) (b) (c) (d) Mfnutts of the Engl od Downtown Otv lo nt Authority .. ttlngs of Otctlbtr 13, 1989, and January 10, 1990 . Minutu of the EngltwOod Housing ..,thortty t ngs of Octo r 25 and vtlbtr 15, 1989 . Minutes of tht Engl Publfc library lord tfng of January 9, 1990 . M nutes of the Plann ng and Zon ng C ton tint of January 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 resolut io n. Council Bill No. 4 for an ordinance approving a consent agreement with the Colorado Department of Health on the contaminated soils found at 2350 South Raritan . COUNCIL HEMlER CLAYTON IIOVED, AND IT WAS SECONDED, TO ACCEPT CONSENT AGENDA ITDIS t (a) THROU&H (f). Ayes: Council Mellbers Kolhy, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke Nays: None Motion carried. Council Me.ber Habenicht requested that Consent Agenda lte. 9 (k) be withdrawn fro. the Consent Agenda to be considered separately. COUNCIL NOllER HATHAWAY IIOVm, AND IT WAS SECONDED, TO APPROVE CONSENT MENDA ITDIS t (g) THROU&H (j) AS FOLLOWS: (g) ORDINANCE NO. 3, SERIES OF 1990, INTRODUCED BY COUNCIL MEMBER CLAY· TON (COUNCIL BILL NO . 47 ), ENTITLED: AH ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF E GLEWOOO AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION PROPOSED AM E T TO THE CHARTER OF THE CITY 0 E lE RELATI TO THE FINANCIAL IMPORT 0 IMPA SSE ISSU S. (h) , 4 , AlES OF 19 0, I TROOOCED BY COU IL (C lL BILL . I), E TITLED : I G Till 7, CHAPT A 60, E L MUNICIPAL COOE 1 S, Y WITH POSSESSION OF IWIHUANA (MARIJUANA). (1) OAOI • 5, ERIES OF 1990, INTROOUC 0 BY C IL R HAlE ICHT (C IL IILl • 2), ENTITL 0: I)( PAl R. T Of H TH D I . Englewood City Council Minutes February 5, 1ggo -Page 7 • • • (j) ORDINANCE NO. 6, SERIES OF I990, INTRODUCED BY MAYOR VAN DYKE (COUNCIL BILL NO . 3), ENTITLED: AN ORDINANCE EFFECTING THE RESTATEMENT OF THE OLD HIRE POLICE PENSION PLAN BY REPEALING TITCE I-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 carried. * * * * * 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 AGRHHENT WITH THE COLORADO DEPARTMENT OF HEALTH ON THE CONTAMINATED SOILS FOUND AT 2350 SOUTH RARITAN. Council Member Habenicht stated a citizen who 1s a chemist had raised some concerns about the language in the ordinance In t erms of, specifically, haz -ardous waste and hazardous substance. City Attorney DeWitt explained that there are several different acts involved, and they would all apply to the situation. However, the State chose to pro - ceed under the Hazardous Waste Act as codified In Article 15 of Title 25. Hr. DeWitt noted that the agre nt bet en the City and Shte would clean the street up as required by law and it uld be done In an econo.ically feasible manner consistent with current technology . There will be some funds for over- view by the State Health Oepart-ent. He stated he had discussed the ordinance with the citizen Council r Habenich ntloned. Hr . DeWitt advised Coun · cit th y would have 1 chance to r consfd r the Ordinance with in the th irty days before it beco..s effective, 1f after further review a portion Is dee d Inappropriate. He confin.ed the Colorado DepartMent of Health's Findings of Fact uses the phrase •h azardous waste•. U on q s ontng fro. Council r Hatha ay, City Attorney DeW t provid d bac ground nfonaa ton as to the chain of events since the •aterlal wa found dur ng he normal course of a pa lng dis tr ic t last August . Council r Hath1way questioned wh ther this could hold up any ordinances or resolut ons pertaining to that paving district. Mr . DeWitt assur d her it uld . Sh stated her support of the ordinance. CCMIICil (I lOlTAY MOVED, MD IT WAS S(COND£D, TO UPIOV£ M01DA ITEM t(lt), OltOIIWIC£ NO. 7, S[IIU Of lttt. Ay s: Councn rs oltay, Hath way, Wl99fns, ullock, Clayton, Habenicht , Van Oykt Nay : Non t on carr td . • I . • Englewood City Council Minutes February 5, 1990 -Page 8 10. Public Hearing .. No public hearing was scheduled. II. Ordinances, Resolutions and Motions • • • (a) Director Stanley and Division Chief Hiller 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 Hiller 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 training of of - ficers, a vehicle, and various computer equipment. Hatching funds, which 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 prior to receiving the funds the Highway Safety Department requires that an or - dinance be approved by City Council. Division Chief Hiller responded to various questions concerning the traff i c unit . The Clerk ~s asked to read Council Bi ll 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 . COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE OM FIRST READING COUNCIL IILL NO. I, SERIES OF lttO. Ayes : Council Ke.ber s Koltay, Hathaway, Wigg i ns , Bullock, Clayton , Habenic ht, Van Dyk e Nay s: None Mot I on ca r ri ed . I . • Englewood City Council Minutes February 5, }ggo -Page g • • • 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 various council members regarding this program were further dis- cussed. Hr. Wanush concluded by suggesting that only five units are in this first progra•, and those five units will not significantly alter the profile of the City; however, improve~nts to those units will alter and improve cer-tain neighborhoods. COUNCIL MEMBER KOLTAY MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 9, SERIES OF ltto. After continued discussion, the vote results were: Ayes: Council Melllbers Koltay, Hathaway, Wiggins, Bullock, Habenicht, Van Dyke Nays: Council Me.ber Clayton Motion carried . Mr . Wanush wu advised that Council would like to be provided with details of established local guidelines. (c) City Manager Fraser presented a resolution iMplementing the 2~ wage increase for the non -et~~ergency eftiP 1 oyees covered b~ the Eng 1 ewood Emp 1 oyees Association contract as approved by the electorate in the recent Special Elec - tion . It was clarified that \his increase Is retroactive to January 1, 1990. The resolution wa s assigned a nu.ber and read by title : RESOLUTIO • 10, SERI S OF 1990 A R SOLUTI IMPLEM TJ G TH MEASURE APPROVED BY TH E Gl£WOOO VOHRS JANUARY 30, 1990, RELATING TO THE COLLECTI VE BARGA! lNG CONTRACT BY 0 BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE £ GLEWOOO EMPLOYEES ASSOCIATI /AFS E LOCAL 303. COUNCIL .... HA'OWMY MOV[D, MD IT MAS $ECOIIQ, TO AHIOVE RESOLUTION NO. 10, SERIES OF litO. Ayes : Counctl "-btrs Kolhy, Hathaway, Wiggin s, Bullock, CltYton, Habtntcht, Van Dyke Nays : tfon carrftd. I . • Englewood City Council Hinutes 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 Hembers 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 (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 comments by the City of Englewood. The resolution was assigned a nu.oer and read by title: RESOLUTION NO. 11, SERIES OF 1990 A RESOLUTION APPROVING POSITION STATEMENT WITH RESPECT TO MUNICIPAL SETTLEMENT WITH EPA . COUNCIL ..,_0 CLAYTOII IIOYED, All) IT MAS S£CONDED, TO APNOYE RESOlUTION MO. 11, SERIES Of litO. Ayes: Nays: Council He.bers Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried. (b) Mr . DeWitt reported that the tranuctfon bet en Mr . Sachter and the Englewood DcMitown Develop~~ent Authority for the Lincoln Street par fng lot had been ca.plettd. The Downtown O.veloP~tnt Authority will bt tr1nsfer · rfng the prop rty fret and clear to th City . (c) r Ot f as td for IU horfty to s ltle h n lfa sa clala w th Victor Caldron for an njury h ncurr d bl e . d uctlbl lt rfdl a COUNCIL M ER HAl ICHT MOVED, All) IT WAS SECONDED, TO AUTHORIZE TN CITY ATT TO SETTLE WITHIN DOUCTIIU LIMITS WITH VICTOI CALD£ • Ay s : Co-..nctt rs koltay, Hatha ay, Wt991n , Cl yton, Ha nfcht, Van Dy to 1 I . Englewood City Council Minutes February 5, 1g9o -Page 11 14. General 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 recommendation concerning fire services delivery in the City of Englewood. Those who have been appointed are: District District II District I II District IV Centenn ia 1 area -Rod Hanson and Richard Jaramio -Hartin Vorum and Connie Daviet -Bill Higgins and Debbie Perry-Smith -Gary Oounay and Marge Hoelter -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 a nu.ber and read by title : RESOLUTION NO . 1Z, SERIES OF 1990 A RESOLUTION DONATING FUNDS TO AGENCIES 8 TH CITY OF ENGLE 00 . COUNCIL M£Jtl£l CLAYTON MOVED, AND IT S(COND£D, TO APPIOV£ lfSOlUTION MO. U, SfiiES OF 1990, WITH 1'H[ FOl.LCMIU. ALLOCATIONS: Vot ult S1 .ooo .ooo 1,700 2.600 1.100 J.ooo 1.500 JOO JOO * u• r• , I . • • • • Englewood City Council Minutes February 5, 1990 -Page 12 Ayes: Nays: Motion carried. Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (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 MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 13, SERIES OF 1990. Council Me.Oer Clayton expressed concern that the amount of increase is con- siderably higher than those approved for other employees. COUNCIL MEMBER CLAYTON NOV£0, MD IT WAS SECONDED, TO TAIL£ RESOLUTION NO. 13, SEll£$ OF 19t0. Ayes: Nays: Motion carried. Council Me.bers Koltay, Hathaway, Clayton, Habenicht Council Me.bers Wiggins, Bullock, Van Dyke Council Me.ber Clayton requested that a presentation by the Court ~inistra­ tor concerning Court operation be scheduled for a study session. Council Me.- 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 orricial or the City, not an ttiPloyee, and that the salary for this position has been under .arket for years. Mr . Clayton contended the increase was too .uch in excess or that approved for others in the City. Council ber Hathaway co..ented that once the salary Is established, it would be retro -active to the ffrst or the year. (Hi) A r solutfon appointing rs to Boards and Co.fssfons was consld rtd . Th resolution was assigned an rand read by tftle : RESOlUTJ • 14, SERIES 0 1990 A RESOlUTION APPOINTING MEMBERS TO TERMS ON IOAROS ANO COMMISSIONS OF THE CITY 0 NGLEWOOO . COUNCIL NATIWMY NOV£0, MD IT WAS Sf:CCIIIDO, TO APPIOV[ RESOlUTION 110. 14, SERIES Of litO. Ayes : N ys : t on carried . Th Counctl rs oltay, Hatha ay, Cl yton, Habenicht, Van Oy ne PPOint nts ar as foll s : W 99tns, lulloc • D I . • Englewood City Council Minutes February 5, 1990 -Page 13 • • • Board of Adjustment and Appeals Sandra George -reappointed for term February 1, 1990 to February 1, 1994 linda Cohn -to fill term expiring February 1, 1991 Fire.en's Pension Board Willis Resley -reappoint to term February 1, 1990 to February 1, 1993 Election Co..ission llomar Warren -to fill term expiring February 1, 1993 Jo lay -to term February 1, 1990 to February 1, 1994 Parks and Recreation Commission Steve Neyer -reappoint to term February 1, 1990 to February 1, 1g94 Austin Gomes -reappoint to term February 1, 1990 to February 1, 1994 John Gerlick -appoint to term February 1, I990 to February I, I994 Kristi Daugherty -to fill term expiring February I, I99Z Public librarl Board larilynshlock -reappoint to term February I, I990 to February 1, 1994 Douglas Cohn -appoint to term February I, 1990 to February 1, 1994 Ret t r~Mnt Board Jill Mees -appoint to ten~ February 1, I990 to February I, 1994 Gary Ba..an -appoint to fill ten1 expiring February I, I992 PlaMtng and Zoning Ca.tsston lloyd Covens -appoint to ten1 February I, I990 to February I, 1994 Linda Bau.gartner -appoint to ten1 February I, I990 to February I, I994 C. J. Glynn -appoint to fill ten1 expiring February I, I993 Connie Daviet -appoint to fill ten1 expiring February I, I992 1995 1990 to February J, 1996 M • Ha ha ay introduced a r or th n ly appointed rs o re present f n he 1udience . The n appointees "'i 11 be tnvtted to 1ttend th february 20, 1990, Council ettng to recti e cer tftcates of appoint .. nt. (tv) A resolution oppos ng Senate Bill 98 wu consid red. The r solution w1s as gntd • nUibtr and read by title : RESOlUTION NO . 15, SERIES Of 1990 A R£SOl.UTIC* OHOSJ S.l. te R STRICTI I 01 OCT£NTIC* Of ICIPA JUVENll 0£F£ T$ IN STAT[ COUNTY FACILITIES . 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. Hr. 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: Council Members Koltay, Hathaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None Motion carried. (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 tOIO CLAYTON MOVED, AIIJ IT VAS SECONDED, TO APPIOYE l£50lUTIOII NO. 1&, SERIES OF ltto. Hr. Clayton co.ented that he appreciated Ms . Habenicht's efforts advancing the City's view in this aatter. Council Me.ber Habenicht's expressed her appreciat ion to the House Transporta- tion l Energy Co..ittee and especially to Representative Pankey. Vote rtsul ts: Ayes: Nays: Council Mttlbers Koltay, Hathaway, Vfntns, Bullock, Clayton, Habenicht, Van Dyke None Motion carried. (vi) A resolution opposing sect on 7 and 10 of Stnat 1111 S4 as considered . Tht resolution was assigned a r nd reid by ltlt: RESO UTI • 11. S£AJ s or 1990 OPPOSI SECTJ 7 AHO 10, •. 54 , ITH LIBRARY OJ lAICTS . XATI PRO I · COUNC ll I MAl I CHT 110VtD, MD IT 17, SEalES Of ltto. d not support 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 MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 18, SERIES OF 1990. Council Member Wiggins explained this Resolution would allow officers the use of alcohol and marijuina when operiting as undercover agents . Vote results: Ayes: Nays: Motion carried. Council Hewtbers Kolhy, Hithaway, Wiggins, Bullock, Clayton, Habenicht, Van Dyke None (viii) A resolution supporting House Bill 1003 vas considered . The resolution vas assigned a nu.ber and reid by title : RESO LUT ION NO . 19, SERIES OF 1990 A RESOLUTION SUPPORTING THE COLLECTION OF TAX ON MAIL ORDER SALES -H.B. 1003 . COUNCIL MOtiEil HAIENICHT MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 19, SERIES OF 1990. or this R solution u n log H ts unfa r to r ail r sales ta • solut on as 1t Is "1 eu hd 1 l 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 Chamber of Commerce 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 Me.ber Hathaway stated she would not be supporting the Resolut io n as she questions the constitutionality of it. Vote results: Ayes: Nays: Motion defeated. Council Me.bers Wiggins, Habenicht Council Metnbers Koltay, Hathaway, Bullock, Clayton, Van Dyke Mayor Van Dyke ca.ented that Resolutions passed by Council help infon~ the State legislature of the City's position . She stated the City does have an affect on the outca.e of sa.. of the legislation at the State level. City Manager Fraser praised the individual legislative efforts of Mayor Van Dyke, Council rs Clayton, Habenicht, and Hathaway and Assistant City Man-ager Marttn . Council r Clayton agreed and stated h i~ortant sa.. of the legislative tssu s are, as they have a genuine i~act on the ca..un ty. nd 3. (ix) This ft wa s cttd upan earl r in th etfng • st Pag Z ( } yor '" Dy p •• on Tu Sday , f ruary 6 . ed ver o of f ng at 7 00 lOTH rr I . - • Englewood City Council Minutes February 5, 1990 -Page 17 • • • (2) Council Member 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 Community Roa. 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 room. Council Member Clayton suggested that zoning and historical use of the Quincy Fire Station be checked; also that consideration be given to the surround i ng neighbors as to this proposed use . 15 . Adjourn.ent COUNCIL NEMER KOLTAY IIOVm TO AD.JOURN. The Mee t i ng adjourned at 9 :45 P·•· I . . • • • ---------------------- RESCWI'ICN 00. 2-0 ~IES CF 1990 - A RESCI.lJl'ICN ACCEPTDG A LE'I'TER CE' AGRm-1ENI' ~ '11£ CI'lY CE' ~ AND ST. LOOIS CHI.IIOf ~DG '11£ CI'lY'S PI.JR:HASE CE' '!HE 9X.mf 75 x 125 FEET OF '!HE ST. LOOIS !DIXL PLAYGRCXN), I.E. P~ IDr. WJDEAS, the City of Englewood wishes to ~c.'iase additional land for future use by the Halley 5enicr Center; and \lltEREAS, Elsie !".alley has agreed to donate approximately Seventy 'lhousand Dollars ($70,000) tCMArd the ~sition of property adjoininq the Malley Senior center; and ~. the Archdiocese of Denver has previously approved t.'le sale at said property by St. Louis 0\urch to the City; and -- ~. St. Louis 0\urch has agreed to sell said property to the City of Englewood for the purchase price of Seventy '1housand Dollars ($70,000) continqent upon approval o! the purchase by City Council and the rwceipt of funds in the ln:lWlt of the purchase price by the !·:alley center Trust FUnd fran the personal tnlst of Elsie l'.alley; and ~. the sale of the property to the City is also contii"'C)eflt upon the City's ~-x:e of responsibility for related coats and iiTprOYW:lenta in an ~ estir.wlted net to exceed '1\.lelve 'lhousand :lollara ($12,000); and ~~. the Board of Directors of the ~lalley Center Trust FUnd, at ita raetinc) of F'ebruary 15, 1990, dcpted a I"Xicn reG'CII'rlelldifl9 that City Council approve the property acquisition and relat~ fiscal responsibilities. , ~. BE IT MSQ:.VfD '!'KAT '!HE CI'lY Ul;:il..tl~V,~; ion 2. ,... City of Enql41W00d app.rowe tun the *70,000 purchue pclce frat\ the Malley Cent r Trust I'Wid, cnly et ~ f the penon&l. t.ruet of Elsie H&lley o the Nil of t'JO,OOO .nd e1 ure ot the c:cntr 00/fiWIY 1'19 the y f • LoJ.ie Ch.lrc:h to the City of Enql I - • • • • Section 3. 'l1le City of Englewood approves additional expenditures frcrn the !·:alley Center Trust Fund for items related to the purchase and improvements the total for ~nich is not to exceed $12,000. ADCPTED AND APPRO\.IID this 20th day of February, 1990. Attest: Patricia H. Crow, city clertt I, Patricia H. Crow, City Clerk for the City of Ehgl....aoc!, Color~. _ henby certify the above is a t.ru. oopy of l'noluticn No. _, Seri .. of 1990.~ Patricia H. Crow I • • • St. Louis Church 3310 S. She nun Englewood, Co 8oll0 -' t tn: Andy Hayes Dear Andy, Re: • • • Feb. 12, 1990 Purchase of part or Real Property or St. Louis Church b7 the Malley Center.(7S'Il25 rt, Lecal description to be im11rted later). This letter will conli.rla our ~~eating aa to the Halley Center ~ntended purchase or .the south 75ll25 tt. or St Louis School planround i,e; parl<ing lot. The purcbue price .to be qreed.to ill Suenty-Thousand Dollars (.70,000.), wit.h Haller CeDter and or the City or Enclewood to do. the tollovinc: (1). !1oYe or install a nev fence at the DIIV propertr bounda17. (2). Ina tall a new 2S tt curb cut tor qreaa and acreaa to St. Louie property. (3). Install a Yehicla alidinc cate at the curb cut tor dr1YeW7o (4). SurYq ot laid property be1.nc purchaaed. (S). Pa,. tor Title Ionruce and cloaioc coat for aaid property. · ~- The 110Y1nc ot tiM f•oe, cate, cuttinc ot curb, and ·~" .. and acre•• drl.,.,.,. to be done u aoco u poaaible attar cloe1nc. The title 1Daurance policy and aur-..y to be deli-• -Yered prior to the cloaioc. Koniea to be dallYered to aellora at tranat .. r of warrant¥ Deed. Tbia proposal 1A ita tlltiret.T and ca.plat.ed ton 1a aubj ct to the approYel of the City Coundl of tta. City or En£levood and tta. Halley Center lloard of Truateee and the receipt of the •oaiae fro. lleie Malley. 'ccept.ed _________ D"te _____ _ St. Louia Church • t.w lor c1 or lt.y C n r tor aabject. t.tter onl,r. A p~------------------~ta __ ___. __ Cit.J oC MalleT I • • • • • Halley Center Property Acquiation ASSOCIATED COSTS The following break~own reflects eatiaated coats associated with the acquistion of property fro• St. Louia in accordance with the .proposed letter of agree .. nt. CONSTRUCTION: Conatruct 6' chain link fence 125 L.F. Re•ove 24 L.F. fence Conatruct 24' rolling gate Re.ave 30 L.F. vertical curb and gutter Re-ave 150 S.F. aidewalk Conatruct 30 L.F. vertical curb and gutter Conatruct 150 S.F. 6" walk Allow continaency 151 Property aurvey (eat.) Title inaurance ' cloaing coata (eat.) Kinor Subdiviaion (eat.) Allow contin&ency 151 Total aaaociated coata per letter of aarae .. nt $3,600.00 240.00 1,500.00 150.00 200.00 270.00 350.00 $6,310.00 950.00 $7,260.00 $ 350.00 600.00 650.00 $1 ,600.00 240.00 $1,840.00 .,,100.00 The following ia eati .. ted coat for neaotiator aervicaa. Council previoualy approved $900 .00 . More -ney will be neceaaary aa Kr. S.ith re-rked the ori&inal appraisal due to chancing property valuea. Thla reaulted in a aavin&a of $20,000.00 . There ia a contln&ency built in to the follovln& flaure ahould aoeethln& unforeaeen ariae vhen aecurina Title inaurance. 40 lloura at $60 .00 per hour Laaa Previoualy approved a-aunt $2,400.00 900.00 n.soo.oo -- In addition to coata aaaociated with the latter of aarae .. nt and the n &otlator, ao .. i•prove .. nta vlll be nacaata y to prepare the property for ua at a p rktng lot by Kallay Canter. Thit uld be the projected uaa until c onatruc tt o f a building addition ld occur at a futur dat • Kovln• t b akatball ttandard, aaphalt r pa r, atriplna, ate. 112,000.00 I • • • • • MALLEY CENTER TRUST FUND Financial Report -as of 2/15/90 Balance 12/}1/89 -$16,,056.81 1990 YTD 2,25,.05 Total -$166 1 }10.86 Interest Distributions (Included In above figures) 1989 -$ 12,287.5' Jan. 1990-1,}0,.05 ~ A gift of $5,obo.OO was received fro. Elsie Malley on 12/18/89. eJ.. /. .f,..,£-~) -- • I • • RESOLUTION i··lO. ~~ SERIES OF 1990 • • • A RESOLUTiml OPPOSING HOUSE BILL 90-1198. WHEREAS, governmental immunity and the ter~s thereof have been established by the Colorado State Legislature; and WHEREAS, governmental immunity provides for notice of claim within 180 days of date of injury; and l':lfEREAS, proposed amen~ent provides for an exception to the current time period for a notice of claim upon "actual notice;" and tfflE REAS, actual notice is not defined; and tffl~REAS, failure to define actual notice will lead to confusion and litigation. NOW, THEREFORE, BE IT RESOLVED 3Y THE CITY COUUCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood opposes House Bill 90-1198 relating to actual notice. ~PTED MID APPROVED this ___ d ay of February, 1990 . Attest: Patricia H. Crow, City Cler I, Patr cia H. Crow, City Clerk of the Ci y of tnglewood, Colorado, hereby cert fy that the abcve ia a tr~e copy of nesolutton No . ___ , Series of 1990. Pa rlcla H. Crow 6 (b) (1) I • • RESOLUTION NO. SERIES OF 1990 • • • A RESOLUTION OPPOSING HOUSE BILL 90-1245 PROHIBITING AID IN ANY FORM TO CREDIT UNIONS BY PUBLIC ENTITIES. WHEREAS, employee-managed credit unions offer employees an opportunity to participate in a banking system; and \'lHEREAS, without the employee credit unions, many employees would not have access to credit; and WHCREAS, the City of Englewood Credit Union is a part of the City benefit plan; and WHEREAS, H.B. 1245 provides for state intrusion into benefit planning for the staff of the City of Englewood; and 6 (b) (ii) WHEREAS, the Credit Union provides the City with administrative cost savings in performing payroll deductions for~ employees; and WHEREAS, if the City were to provide the same services for e~loyees with several financial institutions that it currently can by coordinating with the Credit Union, the costs to the City would increase; and WHEREAS, City employees participating in the City Credit Union do so on their own time; and WHEREAS, Council does not believe that the Englewood Cred t Union is a thr at to the livelihood or future of commercial banks in Colorado; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TlJE CITY OF E GLeNOOO, COLO~, THAT: ADOPT 0 ATT Ta ngl wood h reby oppos a Houa lill 90-1245 14 in ny tor• to cr d uniona by publ c APP OV£0 h a 20th day o P bru ry, 1990. , "-YOr I • • • • • I, Patricia H. Crow, City Clerk for the Ci Colorado , hereby certify the foregoing is a true Resolution No. , Series of 1990. Patr1c1a H. Cr · of Cllgl £ o py of o d, I • • RESOLUTION NO. SERIES OF 1990 • • • 6 (b) (iii) A RESOLUTION OPPOSING HOUSE BILL 90-1123 CONCERNING NON\"IORK-HOURS ACTIVITY. WHEREAS, current law protects public employees from unreasonable and arbitrary actions by their employers; and WHEREAS, the lawful activity of an employee off day may have severe ramification on the employee's work requirements and trust; and WHEREAS, the legal activity of alcohol consumption off-duty may interfere with employees• ability to adequately perform their job functions; and WHEREAS, a public employer must have the ability to restrict an employee from activities constituting conflict of interest, such as, consulting to others relating to on-the-job activities; and WHEREAS, to provide for the most cost-effective and efficient management of risk programs, a public entity must be able to review and concur to all off-job employment activities of employees; and WHEREAS, H.B. 1123 is state interference into local government employer-employee relationships; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: The City of Englewood opposes House Bill 90-1123. ADOPTED AND APPROVED this 20th day of February, 1990. At a Pa ricla H. Crow, cl rk I, Pa r cia H. Crow, Ci y Cl rk Color do, h r by c rtify ha he for R aolu on o. ____ , s ri a of 1990. he Ci y o h a ru h rlcla H. Cr nvl ocS, copy of I • • • RESOLUTION NO. SERIES OF 1990 • • • A RESOLUTION APPOINTING MEMBERS TO TERHS ON BOARDS AND COMMISSIONS OF THE CITY OF ENGLEWOOD. 14 (b) (iii} \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 r-tayor; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that the following appointment s by Council Members to fill vacanc1es and expired terms on the following Boards and Commissions are hereby made: Section 1. Board of Adjustment and Appeals ~r/~sandra George -reappointed for term 2/l/90 to 2 /1/9 4 ~~ Linda Cohn -to fill term expiring 2/1/91 Section 2 . Firemen's Pension Board ~~ Willi s Resley reappoint to term 2/1/90 -2/1/93 Section 3. Election Co~iasion ~Llomar warren -to fill term expiring 2/1/93 ~~o Lay -to term 2/l/90 to 2/l/94 Section 4. Parks and Recreat on Commission ·~~~teve Neyer -reappoint to term 2/l/90 to 2/l/94 ~rAuatin Gomes-re ppoint tot rm 2/l/90 to 2/1/94 ~ John G rl1ck -appoint to t rm 2/1/90 to 2/1/94 ~ Kria i Daugh rty -to t 11 t rm xptring 2/l/92 Ashlock -reappoint to t rm 2/l/90 o 2/l/94 Cohn -appoin to erm 2/l/90 to 2/l/9 4 -appoint to tor• 2/l/90 to 2/l/ 4 p n o ill xpi J.n 2/l/ 2 I • • - • • • • • Section 8. Planning and Zoning Commission ~ Lloyd Covens -appoint to term 2/1/90 to 2/1/94 ~~~Linda Baumgartner-appoint to term 2/1/90 to 2/1/94 ~ ~ C. J. Glynn -appoint to fill term expiring 2/l/93 ~ Connie Daviet -appoint to fill term expiring 2/1/92 ~ ~n Renewal Authority M-cd ~E!rn er' 1th Sc rif"dt appoint to term 2/5/90 to ~~Erica Byrne -to complete term previously appointed to expiring 2/5/94 Section 10. Water and Sewer Board 2/5/95 Bill Vobejda -appoint to term 2/1/90 to 2/l/96 ADOPTED AND APPROVED this 5th day of February, 1990. Susan Van Dyke, Mayor Attest: Patricia H. Crow, City Clerk I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado, hereby certify the above and foregoing ia a true copy of Reaolution No. ___ , Seriea of 1990. Patricia H. Crow I • • • • .. • PROCLAMATIOll WHEREAS, the public schools are an important and integral part of our society; and WHEREAS, the concept of a free and equal education is an American tradition and this country's strength; and and WHEREAS, the students of today are the leaders of tomorrow; WHEREAS, all citizens have a respon sibility to support theL public schools: L NOW, THEREFORE, I, SUSAN VAN DYKE, Mayor of the C1ty of Englewood, Colorado, hereby proclaim the week of March 5 -g as ENGLEWOOD PUBLIC SCHOOLS WEEK and urge all citizen• to make a commitment to public educat on and to the future of Englewood's children by villting th 1r loea public 1chools and by donating their time and talents to lp make the public schools even better. 1990 . GIVEN under my hand and seal this 20th ~ay of February, 9 (a) • I • • • • • 9 (b) PROCLAMATION WHEREAS, on Monday, t-!arch 12, 1990, the Englewood Recreation Center staff will host a celebration in recognition of the Center's fifth anniversary of service to the Englewood community; and WHEREAS, during the past five years, the Center has generated over one-half million paid admissions, and its staff has provided programs and activities for every age group of the Englewood population; and WHEREAS, the Englewood Recreation Center has gained ~ national recognition as a prototype recreation center for the ~ 1990s and is a featured facility with the Recreation Facilities Design and J.lanagement School; NOM, THEREFORE, I, SUSAN VAN DY~E, Mayor of Englewood, Colorado, in recognition of the Englewood Recreation Center's f1fth anniversary, proclaim Monday, March 12, 1990, as BIIGL!!IIOOO UICitBATIO. CEiii&a DAY n the City of Englewood. All Englewood residents are invited and encouraged to visit and use the Center on this special day. GIVEN under my hand and seal this 20th day of February, 1990. • • I • • • • - P R 0 C L A M A T I 0 N 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 worthy 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 of 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 of Engl wood, Colorado, hereby proclaim March 6, 1990 as in th H 11 y honor ELSIE MALLEY DAY City of Englewood. w urge all our citizens to help Elsie eel br t h r lOOth birthday at a party to b h ld in her th Elsie H lley Centenn1al C nter on H rch 2, 1990. L1 I • • • • ,. • ENGLEWOOD HOUSING AUTHORITY Board o~ Commissioners R~tQular M .. tim~ 1 OA ~ The ReQular "-eti~ o~ the Englewood Housing Authority Board o~ co .. t•sioners Nas called to order at 6130 p.m. on Wednesday, December 13, 1989, at Simon Center, 3333 South Lincoln Street, Englewood, Colorado, 80110, by Vice Ohair•an R. ~. Berlin. R. 3. Berlin, Vice Chair~n Rooer Koltay, City Council Rep. Bradley L. Zieg, Co .. tssioner <Arrived at 7100 P•> Tho••• 3. Burns, Chalraan Norl .. n Norden, co .. tsstoner Erica Byrne, C1ty Counctl...Oer w.. ~ Kelly C•rr Shannel Lorrance Ray and Susan Wtlli ... ~•net t1. Bri-tt, Rehab F nanctal &pee. Paul tt.l lnowsk , E11ecuttve D rector "-ry A. Ryan, Recordang Secretary Ray and au .. n wuu ... -.re present at thi• ... ung to ask the Board o~ co .. t••1oner• to allow t~ to .. e alterations to the plans o~ the WAND hou t ey purche•ing located at 331!0 Iouth P nt111Yh nta Str "'"· wuu... tated he had nve ., ,. h like to have changed ln the plans . The ~ir•t change concerned the bathro had a fan/llQht celllng ~lxture, the only • fen ft11ture at one end, bathrooa d rk. The h uyer• r u fan/ltvht cell no f lltu 1 lled in to provlde re 119" • The .,... to fr -Wl I • • EHA BOC R~ular Meeting 12/13/~ • • • The ho..Ouyers' third co l or o~ the bathroom the ~ixtures be changed with harvest gold And ona change ;-~tquest conce r n~ the ~ixtures. Th e y req ues ted that ~ro~ all white to one bathroom bathroo• "ith blue ~1 x tures. The ~ourth change request concerned the des ign o~ the kitchen. The ho.ebuyers wanted to change the distance ~ro• the sink to the re~rigerAtor And from the sink to the stove. They stated that another design problem Mith the kitchen was that there ~re only five drawers 1n the entire kitchen area. ~. And Mrs. WilliAms presented copi es o f <1> A l e tter ~ro• ICI'I MOrtgage stating that the Will iams ' loan application looked good with no pro bl .. s so ~ar; <2> a bid fro• Triangl ~ Paci~ic showing the cost dif~erence between the orig i nally-proposed d .. i gn for the kitchen And the kitchen design proposed b y the ho.abuyer •• and (3) A copy o~ the ho.abuyer s' design for the k i tchen which they ~e lt would be .ore func ti onal f o r the m. Counc i l..-ber Rover Koltay s tated that pr ior Board act i on was A motion to end design changes to the two r ... lning ho ... built in the WAND projec t by the EHA. He stated that since these ho.abuyer s wanted to ••1<, chang .. , they needed to co-before the Board an.. request that they be allowed to .. ke th ... changes . Vi c e Chalr .. n R. ~. Berlin told the ho.ebuyers the rea.on the EHA had pasaed the .ation p r ohib i t i ng des ign cnanves .... that i n the peat ~ou• design c hanges to the WAND units hed ru i ned the int&Qr i ty o f the pro g r .. and rendered the EHA cuetoe builders when be l ng a cuetoe builder is coet-prohlbltlve. Counc t l--.r Rover tc:o ltay etated he .... not an favor o f telephone p o lls because they d ad not p resent t he opportunity f or d lecuee lon no t he erd 's ..-bars. ~ , at t h • p oint o f t has ... tlng thar-was no t a QUorue a nd thue no vote could be t a en on th Will ,. t, .o he -ou ld conduct • phone po l l t d t e r • ne lf t he requested c henges could be eed t the house a t 33eO South Pennsy l v a ni a S t . I • • - ( EHA BOC R•gular Meeting 12/13/~ • • • Mr. Williams' ~i~th inst•ad of drywall out o~ the drywall. request was that drywall sc r ews nAils be used since the nails pop ~-Williams also requ•sttrd that a second window in the kitchen be fl-am•d in for completion at some undeter•ined point in the f'utUI-tr. Mr. Willi ams stated h• had talk•d with th• City of Engl•wood Building Dept. Mho stated that this would present no appl-oval problems on th• d•sign. Mr. Williams stat•d the Building Depart .. nt stat•d thi• change would not require going back to th• architect to b• r•drawn. R. J. Berlin asked Mho Mr. Willia•• had talked with at the Building Depart .. nt, but Mr. Willia•s did not h•v• that infor .. tion with him. Shannel Lorance, ho..Ouy•r at 3369 South Ptrarl Street, spoktr to the EHA Board o~ Co .. is•iontrrs about probltrms she was encountering g•tting th• warranty ite•s completed at her ho... Sh• stat•d that •he ftrlt the progra• was a good one, but becAus• of the newnes• of the prograM ther• wer• still "bug•" in it. She e x pressed her ~rustration at the nuaber o~ 1tems which were still not r~ied after more tha n A year of living in th• ho ... Kelly Carr, ho..Ouy•r at 3367 South P•arl &tr .. t al•o •xprewsed her frustration over the nu.a•r of it .. s still r ... ininq unr.-.died by either Creative Ll~inq, Inc. or the EHA after eore than a y .. r. Willi•• Carr •tated that they had friends who ..r• contractors who stated that the hou.. -s -11-bui 1 t. He stated the .. rranty repair prob1 ... need to b• r.solved. Councl1..-ber Erica 8yrne as ed Mho .. warranty the hOU ... -re under. The 11ecutive Director responded. 11ecutlve Director ho..ttuver• and was • tuatlon. The Creat ve warranty gave • tuat on by that about eoo ,, .... • th th lt on th• board hat they had the .. tor I • • • • • EHA 80C Regular Meeting 12/13/89 Co-.issioner Zieg stated that the EHA should f ix the houses at Mhatever the cost. He stated he wanted to -.pow.r the EHA's Executive Director and staff to get these proble.s fix•d. The homebuyers asked the Executive Director to co-. to their homes and walk through th.. to see the problems which needed correction. The Executive Director agreed to do this. Willi.. Carr also present•d a r•quest to hav• the ba .... nt stairs altered in order to qualify for the 210 Warranty obtained by other WAND homebuyers from a third-party company. The co~issaoners present agreed to do this. Co .. issioner Zieg stated he .anted the -.rranty repairs done in 30 days from the date of this ~ting. CNOTEa Since co .. issioner Zieg was present at the ... ting at this ti .. , it was decided to revi.-the requests of Ray and Susan Willi••• regarding changes to the design of 3320 South Pennsylvania Street, and •ake a decision on whether or not to allow such changes.) Discussion ensued regarding the changes requested by the hoeebuyers of 3320 South Pennsylvania Street. eo .. issioner Zieg stated th•t the homebuyers had -.= contract with the EHA and that the EHA owned the house until closing. eo .. issioner Ziev stated that the EHA must have the most generic and therefore the most .. leable hou.. pos•lble in the event the .. le fell throUQh. The original plans for this hou .. and the plans pr-.nted by "'". Wi lli ... for changes -r• viewed by the Board. In all, "r· and "'"•· Willi ... requested .. ven cheng .. •• followa 1 . Install header the kitchen t o homeowner. boerd for en Addttaonal w ndow ln be put n at e later date by th e. Change the color of the flwtur .. ln the bethroo• fro• Mh te to harv .. t gold. 3. Add • light/fan fixture to the second bethroo• that both bathroo•• heve a llght/fan f x ture. ... 5. 6. 7. u .. dry-.11 scr netead of dry-.11 naile • Aedesagn th• c b nets in the kltch n to 11 • f or r• dr._ra. or tn he .. t '" th uy • b '" I • • EHA BOC ReQular l'leeting 12/13/89 • • • IT WAS ~D BY COUNCIL REPRESENTATIVE KOLTAY TO ALLOW THE FOLLOWING CHANGES TO BE MADE TO 3320 SOUTH PENNSYLVANIA STREET AS REQUESTED BY RAY AND SUSAN WILLI~1 1. INSTALL HEADER BOARD FOR AN ADDITIONAL WINDOW IN THE KITCHEN; SUCH WINDOW TO BE INSTALLED BY THE HOf'IEBUVERS AT AN UNDETERPUNED LATER DATE 1 2. CHANGE THE COLOR OF THE FIXTURES IN THE BATHROOM FRO'I WHITE TO 1-WWEST GOLD; 3. ADD A LIGHT/FAN FIXTURE TO THE SECOND BATHROOM SO THAT BOTH BATHROOf'IS HAVE A LIGHT/FAN FIXTURE; lt. USE DRYWALL SCREWS INSTEAD OF DRYWALL NAILS; ~. REDESIBN THE CABINETS IN THE ~ITCHEN TO ALLOW FOR 11DRE DRAWERS 1 6. USE A FREE-SWINGING DOOR IN THE MASTER BEDROCJfot IN LIEU OF A POCKET DOOR1 7. INSTALL LINOLEUt'l IN THE DINING ROOt1 INSTEAD OF CARPET IF THE HOftEBUYERS 80 DESIRE. IT WM1 FURTHER ftOYED THAT THESE CHANSES WILL BE MOE WITH THE lliaNITMelll. THAT THE COSTS OF THESE CHANGES WILL BE PAID BY RAY AND .._ WILLJMt& BEFORE THE CHANBES ARE MOE IN ORDER THAT THE fCJRTBAGE NOlin" Me MCJRTIZATION IICHEDtLE WILL REQUIRE NO CHANGES. COtiPII8SIC»ER ZIE& KCONDED THE l'tOTION. -.rttn, Koltay, Ziev .... .... ~rne, Norden Ttw Vice Dtatr .. n declared the .-otion c•rrted. Erica 8yrrw, Clty o~ EnglltMOod C ty Councll..-ber, •a• pr-.nt to dlKu•• •lth th• EMA Board City Counc l'• vi.. o~ hou•ing ln Englewood •• opposed to the EHA's vi.. on hou•h'9 ln nole.ood. She •t• ed that one of the thing• Cl ty Council ... concerned about ... supplylnq • dlver•1ty o~ hou•tno •toe ln Englewood. -:;- I • • • • • EHA 80C R~tgular Meeting 12/13/89 IV. Council.-~er Byrne stat•d that Urban Homesteading was not a goal of City Council because they do not want fa•i 1 ilts on -lfare buying ho~a•s and nc•t caring for th•m thus r~tducing th• value of housing stoc~ in E~l•wood. Vic• Chairman B~trlin stat•d that the r~tntal H~using Quality Standards ~ollo-d by th• EHA w•re much more strinv•nt than .ast landlords. He stated that one of th• things th• EHA is doing is cr•ating housing opportuniti•s ~or low and mod•r•t• incom• famili•s. H. statltd that th• EHA f••l• one of th• contributior.s it -k•s to EnglltWOod is th• clo-IM>nitot-ing on the upk.-p of th• hous•s r•nt•d through th• various progra•s ad•inist•rltd by th• EHA. EK~teutiv• Dir•ctor Malinowski said that th• diversity o~ housing suppli•d through th• EHA is •K••plifi•d by th• WAND proJ•ct in that th•r• ar• ~tight hous•s with di~~~tr•nt combinations o~ nu.b~trs of bltdroo•• and bathroo•s. Vic• Chair-n Bwrlin statltd that it Nas me r• dif~icult ~or a fa•ily to ~inane• a ~our bltdroo•, two bathroo• hou-on a low or moderat• inco-. Co-lssion~tr ZiltQ .. &d th• goals o~ th• EHA -r• to stabilize neighborhoods, lmprov• ltKist&ng housing stock, and provid• housinv ~or lo• and mod~trat• inc:o-~-ili... Hit furth•r stated that th• EHA also Nantltd to reduc• th• nu.b~tr of f .. 111 .. on its Nalttnv llsts. Council_..,.,_ Byrne asked 1~ th• EHA -auld look at th• entire EngleNOod co.-unity and try to not bu&ld th• tyPif of hou... Mhich are alrltedy in abundance ln the city, l.e., t-a bedroo., one bath ho.es. ....t no of EHA es, ,..., Q!lQtf Yt ,,. a rd of' eo.... one • held I • • • • '. • EHA 90C Regular "••ting 12/13/89 Special "•eting o~ the EHA Board o~ Com.issioners held November 1 :5 , 1989 • '1QllQ~ IT WAS ~D BY COUNCIL REPRESENTATIVE KOLTAY TO APP~OVE THE MINUTES OF THE SPECIAL ~ETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF cot91ISSIDNERB HELD NOVE"BER 1:5, 1989, AS PRESENTED. C0111'1ISSIONER Z IE& SECONDED THE ~TION. Ay-t ~Y•• Ab•talrwdt Ab .. ntt Yl. Berlin, Koltay, Zieg None None Bur.,., Norden The Occupancy Status Report was d1scussed as to ho~ the nullbers shown on the waltli"'Q l1st s -re arrived at. Inc~ l&•it QUldeline• ~re also discussed. Counc1l..-1:ter Byrne asked if E Mecutlve D1recto r ftallnow.ki •-a need ~or ~re elderl y houslno 1n Envle.ood. The Executive D1rector stated he did not, ~t that t~e ••• .. d to be a need for an lnt•r..Olate care ~acility ~ere .. als ~• provided, a nur .. we• on call 1!4 hours a day, and ~ere liCJht hou .. eeplnQ servlc-.ere provided such a• chanCJ no bedsh-t•. lnter-.diate care was discussed at lenCJth. The Executive Director •tated that there wa• an e Mc•ll ent ~acillty in Brand ~unction Mhich •••••d to be able to provide inter-.diate care at a very ·~~ordable price. It ... •tated that .-diu. car• ~aciliti-are an tt .. ~lch the HDu•i"l Ta.k Force •lll be brlno no to the CHy Council. Hou no ehab o. a nqu v r rt ... cha"'Jed n tate the percentave of the Mhlch l• dellnquent. at 3.1181l o'f the e 7t:5,.-r7. d cltlaen. ln the 'for• o'f 1 toe ln t y. -7 - • I • • • • • EHA 80C R~ular Me.ting 12/13/Bq VII. Rehab loan No. 32 -s discuss~ b•-iefly. Council R•pr•sentativ• Koltay asked if the prc•blems on this loan had b .. n resolved. Janet Gri~mett stated that the daught•r is now •eking the regular loan payraents, but th• d•f•rred portion of the loan was still in cont•ntton. Th• Rehab Status Report was discussed as to ••king the report ~~Dr• r•adeb le. 8. Director's Narrativ• Report A. R•vi•w o~ Application ~or Project -Bas•d Assi stance and Award of Unitsa a...a on th• decisions .. d• at th• Special Meetinq of th• EHA Board of Co-.ission.rs h•ld Nov..Oer 1~, 1989, an adv•rtts ... nt MAS placed in th• ~DY•r fQ•1 and th• £~~Q~ ~D11n.1 for inter•sted, quali~ied, owners to parttcipate 1n th• project-based progra•. In addition, a l•tter ... eent to known non-profit orQanizations. Dec.-er 6, 1989, -s tt. application d•adl in.. an. epplicatlon, ~ro• the Engl.wood Houslnq .,...,.lop .. nt Corporation (£HDc), -s rec•tved. Th•lr application .. t all th• requlr• .. nts ••t by th• EHA. I!Q!lQ~ IT WMI 1'01ED BY ~IS8JDNER ZIEB TO AWARD THE ENBLEWOOD HOUSING MITtGUTY'B NINE ~ITS OF PRO.JECT-BABED MSISTANCE TO THE EN6LEWOOO HOUBI .. ~ CORPORATION FOR THE NINE UNIT& THEY CURRENTLY ~ BITE CONT'NlL OF AS LISTED IN THEIR APPLICATION DATED NOVEJ'IBER 1!'9, 1.... COUNCIL REPRESENTATIVE KOLTAY SECONDED THE PtOTION. """' ... .,. .. Ab•talneda Mlaenta •• a.ratn, Koltay, ZleQ No!W No!W lurM, Norden ~rcha.. AQr .... nt of 0 South P•nnaylvan •t on o f Prop sect ~-.o_,.,. Ch•nv aon of 110 aon ..... ho· .. ~·'"'"" • • p were dd •• lng. • nd udy I • • EHA B0C Ra9ulAr "••ting 12/13/89 • • • IT WAS ~D BY C~ISSIONER ZIEG TO RATIFY THE PURCHASE AGREE"ENT WITH RAY AND SUSAN WILLIMS FOR 3320 SOUTH PENNSYLVANIA STREET IN THE ~T OF S74,310. COUNCIL REPRESENTATIVE KOLTAY SECONDED THE i"'TIDN. Ayest N.y•• Abst:einech Absent:• Berlin, KoltAy, Zi~ None None Burns, Norden C. Resolution No. 11, Series o~ 1989, •uthorizin9 tha writa-o~~ o~ uncoll~teble debts. IT 1MB tcNED BY COUNCIL REPRESENTATIVE KOL.TAY TO ADOPT RESOLUTION NO. 11, ERIES OF 1.,..,, AUTHORIZIN& THE WRITE-oFF OF IMCOLLECTABLE DEBTS M ~IIDITED. COI'WtiSSIDNER ZIEG SECONDED THE i"'TIDN. Ayest Nevs• Mt•t:elnech ....... ,. Berlin, Koltey, Zi-u None None Burns, NDrden D. Support o~ eppllcet:lon o~ City o~ Engla.ood ~or Urban .__.t•ecUng ~oor-. IT WAS ~ BY COUNCIL ICOLTAV TO TA8L£ THIS !Tat. CDI'tl .. l ZIEG KQN)fJ) T Ayes a vs• ............ Mt tl 1 n, Kolt:ay, Z eo None NDne Burne, Norden n o~ Ci v of not d ~ ,. I • • • • • ... EHA B0C R•gular Me e ting 12/13/89 ~QilQ~ IT WAS MOVED BY COMMISSIONER Z IEG TO SUPPORT THE APPLICATION OF THE CITY OF ENGLEWOOD FOR FUNDING THROUGH THE CDBG PROGRAM WITH THE REALLOCATION OF FUNDS REQUESTED FOR THE URBAN HOMESTEADING PROGRAM TO THE CITY-WIDE REHAB PROGRAM. COUNCIL REPRESENTATI 'JE KOL TAV SECONDED THE I'KITI ON • Ay-1 N.ys1 Abstai,.ch Ab-nt1 S.rlin, Koltay, Zi~ No,. No ... Burns, Nord•n F. Adoption of EHA/WHERE Loan AQr•--.nt for Rehab Loans. In th• past, CDBG ~unds hav• b._n award~ to the C1ty to support an alternatav• r•locataon progra• •ith WHERE, Inc. to replace eoblle ho .. s wath1n their thr.. parks located along South Santa Fe Driv•. The progra• was d-igned to prov de ho .. ownership opportunities to the residents of the perks with the new owners .. kang rehab pay-.nts directly to the EHA. Due to the hi9h turnover rate o~ the r-ldents, thas approach -• abandoned. Several eonths aoo, repr-.ntatlv-of WHERE c ... to the EHA to discuss a ~nlclpal leasing progr... At that ti.. it was brought up that there has never b-.n • ret\ao loan repay-.nt •or-..nt in place •lth WHERE. ~a,_t Gri ... tt Marked with the City Attorney's office to p r epare A propo-.d loan AQr .... nt ~1Ch CAlls ~Or part al eonthly loan repay.ents with the balance due •• • de~erred pav-ant loan. In ord to continue the prograe, t wee dec ded to u ed ~or thla r-.ponaible for hoeeownera and pay-.nt dar tly to allo-.G to ch• oe • o~f' t their -t - I • • • • • EHA BOC R~ular Meeting 12/13/~ discussion ensued concerning different ••ke this lo•n •gree•ent compatible with expectAncy of the mobile ho••s, the nature of the •obile ho•e park and the CDBG funeing of the reh•b work Lengthy -ys to th• 1 if• transi•nt r•sid•nts, done on th• f.!QllQ~ IT WAS ftOYED BY COt9'118610NER ZIEB TO APPROVE ENTERING INTO THE LOAN ABAEEI'ENT WITH WHERE, INC. FOR THE ALTERNATIVE RELOCATION PROGRAf'l IUPPORTED BY COtftJNITY DEVELOPtENT BLOCK &RANT FUNDS AS PRESENTED BY .JANET GRII'9£TT, REHAB FINANCIAL SPECJALIST, WITH THE CHANGE THAT WHERE HAS THE RIBHT TO DELETE FROI'I THE LOAN AGREEJ'IENT, WITH EHA APPROVAL, INDIVIDUAL UNITS THAT DO NOT fEET "INII'U1 HABITABILITY STANDARDS. COUNCIL REPRESENTATIVE KtLTAY SECONDED THE ~TION. Av-e• ....... ---·~ned• Mt-nta 8erl~n, Koltay, Zleg None None Burns, Norden At th• Bpeclel ,...ttnQ of th• EnQl-od HouslnQ Authority loard of Co .. lssloners held NDveeb•r 1~, 1.,.., ....,.,...1 chanQ.. ...,.. ..de to the •IClstlnQ -nev•-nt contract •• th the IEHDC to put the contract ln C~M~Pll•nc• wUh eppUcebl• HUD revulatlons. One of th• revlaed provisions ..... that th• contract be for • , .... o'f' one year. Th• chanoes wer• ..0. to the current contract, thus .. no the , .... ,nation date of th contract Dec.-... 31, ''""· The t needs t o be r•N••d fo r another to the revlaed provtslonta. At ts t "Go th aor r for l -··- , I . • • • EHA BOC ReQulAr Meeting 12/13/89 H. Ratification of Sale of WAND Units to EHDC At the November 15, 1989, Special Meeting of the EHA Bo~rd of Co-.issioners, Co.missioner Bradley Zieg was authorized to negotiate the sale of the r ... ining eight WAND rental units to the EHDC in a negotiating session with them. That session was held on Novttllber 29, 1989. The EHDC agreed to purcha.. the eight r .. aining WAND rental units for the l .. ser of the CHFA .ortgage amount or •447,174.20. The latter figure represents the cash outlay of the EHA ~or all eleven WAND rental units. EHA'• legal coun .. l, Ja .. s Wagenlander is preparing the sale docu .. nts. The purchase agr .... nt will be a liquidated damages contract rather than a ~ecl~ic per~ormance contract with an earnest 110ney requtr-nt of S50.00 IT WAS POlED BY C091ISSIONER ZIEB TO RATIFY THE SALE OF 3344 SOUTH LO&AN STREET, 33:50 SOUTH LOGAN STREET, 3360 SOUTH LOGAN STREET, 3370 lOUTH LO&AN STREET, 3376 SOUTH LOGAN STREET, 3368 SOUTH PENNSYLVANIA STAEET, 3380 SOUTH PEMfSVLVANIA STREET, AND 33-r-5 SOUTH PEARL STREET TO THE ENBL.EWOOD HOUSING DEVEL.OPtENT CORPORATION F~ THE LESSER OF THE a."A NJRTGABE AftOUNT THAT THE EHDC WILL BE ELIGIBLE F~ THt ENTIRE WAND PROJECT ~ S447,171t.20 ON A LIQUIDATED DArtA&ES CONTRAC~ WITH A ·~.00 EAANEST ftDNEY DEPOSIT. COU«:IL REPRESENTATIVE Ol..TAY 8E.CCICJED THE l'tOT I ON. Ayeea ... .,.. Ab•ta ....... Absent a lerlln, Koltay, Zieq None None ~rns, Norden l. Rev1 ... o~ Delinquent -· - I • • • • • EHA BOC ReQular Me@ting Dace~er 13, 1989 t1QilQ!j IT WAS ~D BY COMMISSIONER ZIEG TO REQUEST THE CITY OF ENGLEWOOD CITY ATTORNEY SEND A FINAL 30-DAY LETTER OF DEMAND TO THE RECIPIENT OF REHAB LOAN NO. 17, AND IF THERE IS NO RESPONSE TO THAT LETTER, THEN THE ENGLEWOOD HOUSING AUTHORITY BOARD OF C0Mt1ISSIONERS MOVES TO INITIATE FORECLOSURE. COUNCIL REPRESENTATIVE KOLTAY SECONDED THE MOTION. Av-• ........ llb•tairwda Ab..nta NOTE a S.rlin, Koltay, Ziev None None Bur~, Norden The Executive Dir•ctor pr•sented an additional item for Board co~ideration. Th• Executive Director stated that the EHA ~ay have a prospective purcha•er for the WAND unit at 3322 South P•nn•vlvania. He stated that the prospective purchaser had b .. n prequalified. He ••ked if the Board Nant•d to enter into a purcha.. AQr .... nt Nith Christopher Beck .. n ~or the purcha.. o~ 3322 South P•nn•ylvanla Str .. t f'or the A80unt of ~,132. Diecus•ion •~u•d regardlnQ cha"Q•s to th• house plans. It Nes decided that chang.. -.re alloNeble provided the individual is wllllnQ to pay f'or the change• in advance, and chanQ•s .auld not be -.d• bef'ore th• loan is approved. The Executive Director SUQQ .. ted that the O..lgn Co.-itt .. cont~letlng of' Brad lev Zleo and R. :S. Ber lin b• revitalized to revl-any chanQ.. requested by Mr. lleck .. n. t1Q!lQ~ IT WAS ftOWD BY ~IBSIONEJt ZIES T:) ENTER INTO A PURe WITH OMI8TOPHER OOWf FOR ~ CF 33i!2 SOUTH P£J._Vt 1'1'NET FOR THE NOJNT CF ~.1 .00 WITH T UN TAHOI T.,_T WIU. ALLOWED PROVJ D CTIVE 1 8 WlL TO NY FlJit THE 8 l N AJ1IJ 8 Y DQU COfMITT££, Mm NO DW«i£8 MADE TO UNTl ....,. ECTIY£ ~·s Lf:Wil IS APPROYED. COUNCIL ATI K0t. TAV IECXIC)EJ) THE ..OT I ON. Av I rl n, olt•v. Zteo ........ None Mlet• N!da .,. ,...., . ., .. " . riHm The Vl c e Ch•a n t ,. .. , •l - I • • -• • ,. • EHA 90C R.;ular "••ting 12/13/~ YIII. IX. •• A. Final report o~ Orchard Place -.diator. Council Repre .. ntative EMecutive Director ~elt the tenants at Orchard The EMecutive D1rector progr .. slng -.11. Koltay asked how th• the relationships b•twe•n Plac• .er• progr•~sing. stated h• ~elt they w•r• All other it-on the Consent Agenda -re noted with brie~ discussion • Council Repr ... ntative Koltay •ade a stat ... nt regarding his discussion with Chalr••n Burns over each one's personal opinions regarding the role o~ an EHA Co-iwsiorwt" Mho is also a City o~ Enel~d Clty Council--.r. He wtated he will -k• every ~~ort in tM ~uture to represent hl ... l~ •• an EHA c~lwwlonet" ~lrst and •• a City Council •• .-.. second. He wtated that he wlll al .. v-vote hlw horwtat ~-llngs on any issue and at the .... tl-wtate Councll'w powitlon on tM ··-· 8. Director'• Choice The .. u ... o~ tM ... unv bet-.n cuv CouncU and the EHA ln • Study ... •lon Mhich -ould .-ph••••• dialogue on each eroup'• eo•l• .. s b ··~ly dl~useed as to possible dat.. to hold th • ........ I • • • • • EHA 80C Regular l'leeti1"19 12/13/69 IX. Christ••• parties were discussed. The Executive Director in~or-.d the co-.issioners present that the EHA arranged one at "•lley Center ~or Orchard Place and Sl~n Center tenants on December 20, 1989 at 6130 P•· An EHA sta~~ Christ••• party was scheduled ~or Dece.ber 22, 1989, at 11130 a.•. at Sl~n Center. The Executive Director stated th•t the ...Oers o~ the Board were cordially invited. tiQilQ~ IT WAS 1'01£1) BY COU«:IL REPRESENTATIVE KDL.TAY TO AD.JOURN THE REGULAR fEETINB OF THE ENE1L£W000 HOU&INB AUTHORITY BOARD OF eot911SSICINERS HELD ~ 13, 1989. --~ ... ~ordlne -.ere ry -· I • • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COHHISSION February 6, 1990 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order by Vic e-Chairman Ron Fish in the Englewood City Council Chambers at 7:00 P.M . Members Present: Becker, Covens, Fish, Schultz, Tobin, Baumgartn er, Daviet Members Ab sen t: Gerlick, Glynn Wanush, Ex-officio Al so Present: D. A. Romans, Planning Administrator H. J. Stitt, Planner Dan Brotzman, Assistant City Attorney Patricia Crow, City Clerk Lt. Ron Medford, Department of Safety Services Members of the Environmental/Nuisance Codes Task Force Eisenberg, Fishbach, Bilo, York, Hendricks Hr. Fish stated that City Clerk Crow is present to swear in new Members of the C011111is s ion. Hs. Crow administered the oath of office to Hs . linda Bau.gartner, Hs . Connie Daviet, and Hr . lloyd Covens. Hr . Ffsh stated that a quorum of the Coa.isston is present, and outlined the duties and responsibilities of the Com.fsston. Hr. Fish stated that the Co.· 11ission will follow administrative procedures in the conduct of the Publ c Hearing schedul d for this evening. II. Vice·Chai n Fish s ated that the Minutes of January 16. 1990 re to be con -s d rtd for appro al . T H nu s o Januar1 16. 19 0 ulu, Tob n, c r t S Ol s 0 • 1 • I . • • .. • The motion carried, and the Minutes stand approved with the correction of the misspelled word . II I. TITLE 15, ENGLEWOOD MUNICIPAL CODE CASE #1-90 Health, Sanitation and Environmental Protection Mr . Fish declared the Public Hearing on Case #1 -90 open, and stated that he has in hand a copy of the notice of Public Hearing which was published in the En lewood Sentinel on January 18 , 1990. Mr. Fish outlined the proc edure to be all owed in the conduct of the Public Hearing, and noted that persons wi s hing to address the Commission will not be sworn in for this Fact Finding Hearing. Mr. Fish stated that City Council has asked that the Commission continue the Hearing to a later date in light of the fact there is also a Town Meeting scheduled this evening, and this may have created a conflict for some resi - dents who wanted to attend both meetings and could not do so. Mr. Fish stated that this request will be considered by the Commission later in the meeting . He then asked that staff present the issue before the Commission. Mrs. Dorothy Romans, Planning Administrator, addressed the Commission and dis - cussed the proposed Title 15, Health Sanitation and Environ me ntal Protection . Mrs. Romans acknowledged the attendance of En vi ronmenta 1/Nui sance Code Task Force members Bilo, Eisenberg, Fishbach, Hendricks, and York. She noted that Lt . Medford, who had served as a resource person, was also present. Mrs. Ro- mans stated that the provisions proposed in Title 15 are presently contained in §16 -4-1, Compreh nsive Zoning Ordinance, in Title 11, and In Title 6, all in the Englewood Municipal Code, as well as provisions found in the Hodel Traffic Code adopted by the City. Mrs . Romans reviewed the concerns which led to the formation of the Task Force to consider the existing ordinances per - ta ining to environmental issues, and quoted from the "Courses of Act io n• which are contained in se eral sections of the Comprehensive Plan . The first meet - Ing of the Task Force was on January 31, 1989, and the committee met every two we eks from that time through June, 1989 . The Task Force h ard input from staff adv1sory me bers as well as from citizens who had experienced problems In co pl !ng wi th so e of the provisions of the existing codes. • l • I • • • • • would no longer be acceptable for the storage of trash except for grass clip- pings or leaves, and then only if they are properly secured. There were some typographical corrections to Title IS noted by Mrs. Romans, one being the addition of the word "or" in the last definition on Page 6 in the second line; another being the elimination of all verbiage following " ... rear lot line, as may be" ... on Page 8. Mrs. Romans then reviewed each chapter of the proposed Title IS. She stated that the provisions of Chapter 3, Weeds, were discussed at length by the mem- bers of the Task Force, and the majority opinion was that the maximum height should remain 6". Chapte r 5, pertaining to vehicles, was also the subject of leng thy discussion by the Task Force. The maximum weight of vehicles allowed in residential distr ic ts was increased from 60 cwt to 70 cwt to conform with the signage posted throughout the City. The size of recreational vehicles was modified to eliminate the height restrictions, but length and width restric- tions are unchanged. On-street parking restrictions for recreational vehicles and trailers has been increased to 72 hours maximum rather than 24 hours maxi- mum; this provision is in response to problems experienced by res iden ts who may keep their vehicle at a storage lot, which lot may not be op en on weekends; it also al lo ws additional time for the loading or unloading of the vehicle. Mrs. Romans discussed §15 -6 -1, Nuisances, which has ben added to Title IS. Mrs. Tobin asked if the section pertaining to abandoned "iceboxes• included refrigerators, also. Mrs. Romans replied in the affirmative. Mrs. Tobin stated that some people do keep operating refrigerators stored out-of-doors. Mrs . Tobin also suggested that the prohibition include freezers. Mrs. Romans stated that this provision would apply to any appliance that has doors, and wh ich ch1ldren may g t into but cannot open from the inside. Mrs . Romans stated that the City does have an agreement with Vardeman's whereby they will pick up abandon d r frig rators at no cos t to the City. Title 15 also r qu res properties to be hook d up to a sanitary sewer line wl hin 6 onths after a sanitary sew r line becomes available to the property. Th s do s no pr clud the use of port -o-lets during special functions such as a Parade. rs. ns disc nother Issue which was considered at length by the Task Force, that being t 1ssue of snowblades on trucks parked and/or stored on- l e pro i ton 111 require the re-oval of t e blade fro. the vehicle par d or s or d In the public rlght·of· ay, wtthin 72 hours fro-th las sn all, nd the blad y not be s or don -s treet. or d 0 I t t I . . • • • longer than he had planned because the Commission did not take action to continue the Hearing to another date; he wanted to attend the Town Meeting currently being conducted, also. Mr. Kozacek stated that he was a member of the City Council when the Task Force was appointed and knew what the charge to the committee was; he advised the Commission to carefully review the proposed Title 15, and cited severa l areas wherein he felt there was a conflict such as in the definition of "truck" and "commercial vehicle", and between "derelict vehicle" and "hobby vehicle". Mr. Kozacek discussed the restrictions pertaining to snowblades; he agreed that blades detached from vehicle s and left on-street are hazardous. He did disagree with the fact that blades are to be detached from vehicles within 72 hours of the last snowfall, noting that he has a 1 andscaping business and makes use of the blade during the entire year. Mr. Kozacek further stated that there are City vehicles that keep the blade attached and use them to chip ice loose longer than 72 hours after a snowfall. Mr. Kozacek stated that he is aware of 8 other firms who are of the opinion that this restriction is "ob noxious". If it is acceptable for City vehicles to keep the blades attached longer than 72 hours, why is it restricted for private residents. Mr. Kozacek then addressed the issue of tow trucks parking on -s treet. He stated that the restrictions in Title 15 are affecting people who are trying to make a living; if it is legal to drive on the streets, why cannot they park on the street. Mr . Kozacek then discussed the limitation of one derelict vehicle per proper- ty, and noted that in today's economy, children are returning home and there may be several vehicles belonging to residents of a specific address. One or more of these vehicles may be in need of repair, and if only one "derelict" vehicle is allowed, these res idents would be in violation of the ordinance. Hr . Kozacek stated that he feels the City is becoming too restrictive, and proceeded to discuss the requirement prohibit ing parking in front of the front setback unless located on a concrete, brick paver, asphalt surface or other similarly finished hard surface. Mr. Kozacek discussed his property and noted that the dri e in front of the house Is gravel embedded In dirt, that is prob - ably as hard or harder than the surfaces cited. Hr . Kozacek pointed out that th re are people who cannot afford to provide the concret parking ar a, or residents w o do not have vehicular access to their back yard and this restric ton Is discriminatory. Hr. ozacek fur h r sta ed that th re is noth- ing t a ully defines "fron yard ", and aga n advfs d t e Co ission tha they really had to ta e a good objectl t loo a the propos d Title 15. Hr. ozace s ated that he does no want o ste an ordinance nacted fch In · hibits ac ivtti s of residents, while all lng th -untclpal ntlty th rlgh o act 1 i its ich are not th rlgh of all . -4 • I . -• • • this is true in mou ntain communities, but in the metro area they are removable. Mrs. Becker questioned Mr. Kozacek's contention that tow trucks should be al - lowed to park on -street in residential areas. Mr. Kozacek pointed out that some tow trucks are pickup trucks that have been converted; he suggested that the Commission might want to include a weight differential to indicate a dif- ference between converted pickups and commercial tow trucks. The issue of hard surface parking areas was further considered. Hr. Kozacek suggested that gravel be included. He suggested that this provision is only "appearance based ", and consideration should be given to whether it is a "driveway" or only an area used to park vehicles to get them off the street. Mr . Fish asked if the Commission wanted to continue to Hearing to a later date. Mrs. Becker suggested that i t is still early in the discovery phase of the hearing, and suggested that this determination be made later in the eve- ning . Mr. Fish stated that the hearing would continue as of now. He asked if anyone else wished to speak. Mr. Jack York 4070 South Grant -suggested that the problems with derelict vehicles is not caused by children moving bac k ho me. He suggeste d that the l ine must be drawn so~ewhere on the number of inoperable vehicles that may be allowed on any one property. r. York agreed that the issue of sno wblades is a touc hy subject, because the use of the blades does affect the livelihood of someone; however, he stated that the Commission mus t consider the impact the on-street parking of these vehicles has on the residential neighborhoods of the City. Hr. Yor stated hat he did serve on the Task Force. Hr . Fish asked Hr . York about the definition of •weeds• contained in Title 15, wh ich he f els is pr y vagu . Hr. York sugges ted a non-flowering plant 6• in height or more sho ld be cu . Hr. ork discussed the process of notifica- tion that is follow d, and noted that by the t i the Ci ty cuts the growth if th prop rty o ner do s not co ply, the growth Is at least 12• or more in height. Hr. Yor h n d scussed the general overall d terioratfon of the quah y of life in Engl ood; e ac no wl dg d that the econ011y 1s bad, but this 1s no the sole reason or th probl s that the C ty Is facing . H stat hat the poor tin ntnce of prop rties and the poor econOMy go hand - in· and, and p op1e ar mo ing ou of Engle ood. Mr . Yor stattd that try- body td to or og h r or good of he tOIDUnity. I . • • .. • Paul Hendricks 4001 South Elati -stated that he served on the Task Force and that the com- mittee did accomplish some good things, such as eliminating the conflict in weight limitations and the height restrictions for recreation- al vehicles. Mr. Hendricks stated that in today's economy our citizens must be competitive with the world at large, and the City should not create a cli- mate that is hostile to business. Mr. Hendricks stated that it is his opinion that the restrictions against snowplows and tow trucks do display a hostility to business. ~1r. Hendricks stated that there are "some people who want to live in a sterile atmosphere; who have made their money and sit in glass houses and throw stones." Mr . Fish asked Mr. Hendricks whether he felt the the intent of the Task Force was to address trouble spots, or to polish the image of the City. Mr. Hen- dricks stated that in his opinion, the charge of the City Council was "to get the City's boots off people's necks." The attitude of some of the appointees was "get tough". Mr. Hendricks stated that there were two Task Force members who were in real estate, and they approached the charge from the angle of what would sell Englewood. Hr. Hendricks stated that he considers Englewood a good place to 1 ive. Mr. Hendricks reiterated that there are problems with the economy in general, and felt that the City should attempt to make it easier on people to make a living. Hr. Hendricks stated that in his opinion the 6" height limitation on vegetation is unreasonable, but the committee did vote to recommend the 6" li itatlon. Katherine Fishbach 4425 South A co a -stated t at she has 1 i ved in Englewood for over 40 years and considers the City a great place to live. There is a need to clean up the app arance of the City. Hs. Ffshbach shted that she want s to see ordinances nacted that are fair to people and that Cln be enfor- ced. Hs. Fishblch stat d lhlt she is not 1g1inst business, but she spends 1 lot of ti wll ing thro gh the residenthl areas, and the on-street plrking of eh1cles wi h snowblad s or ow trucks does detract from 1 neighborhood. Hs. Fishbach st1 ted a 111 thing thlt Is done thlt affects one's neighbors 111us be consid r d, lnd on hu no right to do so thing thlt will ulttr .. tely lo r e 1lue o 1 n fg bar's property. h n people choose to live in l tropol an area, r 1r r sponsibilities thl u attendant on thlt c olea. s. F1shbach s lted 1 1n h r opinion the lnt nt of the Tlsk Force as to clean up so probl spots, u well as o !~~prove the i age of the C1ty. S s at d that s gr s with Mr . Yor that there s 1 netd to Ia· pro e l g n ral char c o City. Hs . Ft hbtch IS ed that tf th Co.- fss\on el Tas Fore nfa r In ny 1 to pl 1 e poln I ou to lh C I Ta ro . ' . I • • • • • to the issue of snowplow blades and tow trucks. She stated that her intent in serving on th e committee was to clean up the City and ma ke it more attractive. Mrs. Eisenberg stated that no one wants to look out t he ir front wind ow and see snowplows, tow trucks, and large recreation vehicles parked i n fro nt of or acro ss from their property every day. Mrs . Eis enberg stated that th ere is a need to clean up the trash and alleviate the storage of equipment on the streets in the City. Mrs. Eisenberg stated that the need for tight re s trictions isn't unique to Englewood . She acknowledg ed that Engl ewood ha s a lot of older homes, but there is nothing wr ong with an older home if it is well maintained . Mr . Eisenberg emphasized the need for all residents to work to kee p up their property. Jan ic e Bilo 4095 South Ja son -stated that she also had served on the Task Force, and addressed the matt er of tow trucks . She stated that as she r ec alled wh en the issue of t ow tru cks was discussed by th e committee, the con - verted pickups were not a ma tter of considera t ion; i t was the large, comme r - ci al vehicles used specifically for towing purposes that were ad dres sed. Mrs. Bilo agreed that a weight differentia l should probab l y be included to dif - f eren t ia te between the converted pickup and the commercia 1 t owing vehic le. Mr s. Bilo stated that she is a life -long Englewood r esiden t, and s he is of the op inion th ere have been problems with nforcemen t; the City ap pear s to be going down-hill, and that she wants to do so~ethin to stop the deteriora t ion. Mrs. Bilo stated that she found serving on the Task Force to be very informa- t i c, and is pleased to see the spirit of cooperation that has developed be ween he Pol ice Department and Code Enforcem nt sta ff . Mrs . Bil o s tat ed that if the citizens want ordin ances and codes to be enf orced, the means of enforcement (personnel) has to be provided to do it. Mr s. Bilo s tated that it appears some of the restrictions that are presently enacted but i n three dif- f erent sec tions of the Code, work against each other. The development of Ti - tle 15 wh ich would have all restric t ions pertaining to Health, Sanitation and Env ironmental Pro ection in one ordinance should alleviate co nflicting provi- sions. Mrs. Bilo stated that she felt the inten t of th e Task For ce was to look at trouble spo s, and to address those problems. £ngl ewood City • 7 • I . • • • the tighter restrictions contained in Title 15 are "anti -business", and point - ed out that business is not to be conducted from the residential districts anyway. Ms. Tobin pointed out that persons who purchase homes in areas ruled by cove - nants do so knowing those covenants are in place; it is not rea l istic to im -pose strict covenants after the fact. Mr. Covens asked how Ms. Byrne would suggest paying for additional personnel to handle increased enforcement . Ms. Byrne stated that at the last budget retreat she attended as a Councilmember, it was her understanding that the co mm itment had been made to increased enforcement, and that the staff had been beefed up to handle the enforcement. Mrs. Romans stated that there are two code enforcement officers; this number was not increased when the responsibility of code enforcement was transferred from Building & Safety to the Planning Divisi on. Ms. Daviet suggested that Englewood does have a high level of rental property, and that some of these people may be driving a commercial vehicle as their sole source of transportation as well as their livelihood. Hs. Byrne stated that in her opinion the overall goal of the ordinance is to improve the residential areas of the City. She asked that the Commission con- sider whether the parking on-street of a tow truck in a residential area im- proves the res i dential beauty of that neighborhood. Hr. Hendricks again addressed the Commission, and stated that the Task Force also discussed the issue of a recycling program for Englewood. He stated that members of the Task Force were unanimous in their support of such a program, and stated that a better trash disposal system would help in the overall ap -pearance of the City. Hr. Schultz stated that he, as a member of the Co tssion, is a member of the Wa ste Management Task Force, which group is contacting companies engaged in the business of recycling to obtain Info at ion prior to determining what course of action to recommend. Hr . York stated that a large part of the proble co s down to the amount of ren al property In the City; any of the property owners do not check on the condition of thetr prop rties so long as thy r celve their monthly rent chec . H sugg st d hat poss bly his fssue should be explor d in an effort to upgrade he app arance of the residential neighborhoods. Hs. Tobin stated tha she is a er of th Housing Task Force w fch has b en et ng for s . She s a ed at one of the suggestions of thts Tas Force is annual lnsp cttons of ren al properttes, and insp ctlons at such time as t e prop r · ties ar sold. . I . • I . • • • the enforcement is in response to complaints or random citations as a result of patrolling neighborhoods. Lt. Medford stated that the majority is in response to complaints unless it is a life threatening situation. Mrs. Romans stated that one of the problems expressed by residents concerned about the parking of towing vehicles in residential neighborhoods is that there may be a call in the late evening hours or during the night, and the lots to which the damaged vehicle is usually towed is closed. Therefore, the hauler tows the damaged vehicle back to his home, so there is not only the tow truck but the damaged vehicle parked on the street. Mr. Fish suggested that on page 2, there is a repetition of §15-4-1 Defini - t ions and the fo 11 owing 1 ead sentence. Mrs. Romans agreed, and this repeti- ti ve statement would be delet ed. Als o on Page 10, the words (Conrnittee's recommendation) sho uld be stricken. On Page 14, §15-5-2A, the word "expedi- tiously " was bothersome to members of the Commission. Disc ussio n ensued. The matter of continuing the Hearing was again raised. Mr. Fish stated that he was going to declare a recess of the Co mm ission, and this mat ter would be con s idered following resumption of the mee ting. * * * • * • • • • • The meetin g reconvened at 9:25 P.M. Present: Fish, Schu ltz, Tobin, Baumgartner, Becker, Covens, Oaviet Absent: Gerlick, Glynn Mr . Fi sh declared a quoru m present. The issue of contInu ance of t e Hearl ng wu discussed. Mrs. Becker shted that there are a nu ber of a ters that the Co.lssion needs to cons i der, and that no decision co11ld be .ade at thfs e ening's eting. Mr . Schultz agreed, and pointed out tha th re ay be oth r ers of the co1111111n I ty 111ho would l ike to address th issue bu • o could no be In att nd an ce at this ~eating. Mr . Fish stated tha 1f h cons nsus Is to con t inue, I t st be to a date certain . 8 c er ed: Schultz s cond d: T e Publ'c H artng on Case 1·90 be continued to March 6, 1990, at 7:00 P.M. In the City Counc 1 Ch rs. 0 scuss I on n"' r 1110 ion. e H arlng the e e tng. Co ns Tobin T ion 11 concur ct or Mr. cons l'lsus o t fo al ac lon Ill Th t d cus ion on T tl t IS be ut off at t:SO P.M. " o c r • • I . • • • • Mr. Fish stated that he would now restrict discussion of Title 15 to members of the Commission and staff, and that additional public testimony will be heard at the time of the continued hearing. Mr. Schultz discu sse d the 6" maximum height of weeds. Mr. Fish expressed his concern on the definition of "weed", and Ms. Tobin did not like the inclusion of the word "noxious" in the definition. Mr. Fish also raised for consider- ation the issue of "storage of weeds on the property" for composting, and stated that he keeps all his leaves and grass clippings to use on his flower beds in the Fall. Mrs. Romans suggested that an exclusion for composting pur- poses could be written into the ordinance. Mrs. Becker emphasized that kitchen garbage must be excluded from materials used in compost piles. Mrs . Daviet questioned §15-2-D, requiring the screening of trash containers by means of an opaque fence or screen. Is this a new provision? Mrs. Romans stated that it is not; this provision is in the present ordinance, and has be en for some time. Discussion ensued on this provision, and the possibility of deletion was considered. Mrs. Daviet also discussed the issue of surfacing for driveways. She agreed that gravel and hard packed dirt can provide a surface as hard as concrete, and suggested that well maintained gravel drives should also be included. Mr. Schultz pointed out that in some rental properties, parking was occurring in the front yards, and this is possibly a means to require parking only where there is a permanent provision for parking. Mr . Fish asked that the Commission consider whether the provisions in Title 15 are an attempt to impose city-wide covenants. Mr s. Becker stated it is good to get some form of structure in place, and that a good structure allows the City staff enforcemen t powers to address the con- cerns of the citizenry. Hrs . Becker stated that if we want to maintain a good quality of life, the structure must be in place to support that maintenance. Mrs. Bee er stated that parking of business vehicles should not be allowed on resident ial stre ts. Hr s. Oa i t agr d ther 1s a ne d for good guid lines. She stat d there is a ned or be er de tnttions, and flexibility. Mrs. Beck r stat d that the nforc . nt st be consistent. rc 6, 10 • I AYES: NAYS: ABSENT: ABSTAIN: • • • Schultz, Tobin, Baumgartner, Becker, Covens, Oaviet, Fish None Gerlick, Glynn None The motion carried. IV. SPORTS CENTER CASE 18-89 3978 South Broadway Mrs. Romans stated that when the Planning Commission considered the Foos Ball Sports Center in August, 1989, they requested that a report be made to them on the operation, including the pol ice calls to the establishment, six months following approval. Mrs. Romans stated that the remodeling of the premises has been a bigger undertaking than initially thought, and the Sports Center is not yet open for business. Mrs. Romans suggested that, inasmuch as no report can be made at this time, that the Commission might want to request a report six months after the date of opening, whenever that date might be. Brief di s-cussion ensued. Schultz moved: Covens seconded: A report be made to the Commission on the operation of the Foos-Ball Sports Center six months after the date of open-ing of the Center. AYES: NAYS: ABSENT : ABSTAIN: Tobin, Baumgartner, Becker, Covens, Daviet, Fish, Schultz None Gerlick, Glynn None The motion carried. V. PUBliC FORU". There was no one present to address the Commission. VI. DIRECTOR 'S CHOICE. Hrs. Romans asked t at new ~bers of the Co ission giv their social securi - ty nu bers to the Secretary who will then forward the numb rs to the Finance 0 part nt. at h City Council has changed the date of their April to April 3rd, thus n c ssltatlng the Co ss on to reschedule nl 3rd to ano h r date. Mrs. Ro ans suggested that he t on dnesday, April 4, or move the eting to April 10. Th consensus of the Co 1 sslon was to et on April 4 . a sht •lght not be in att ndanct at that .. ttlng. • 11 • I . • • • • VII. COMMISSIONER'S CHOICE Mrs. Tobin stated that the Housing Task Force has the final draft of their report in hand. Mrs. Romans stated that this will be sent to the Commission for discussion on their meeting of March 20. Mr. Schultz asked if it would be possible to receive the report earlier than with the packet for that particu- lar meeting. Mrs. Romans stated that the report would be sent earlier. Mrs. Becker inquired about an educational program for new Commission members. Mrs. Romans stated that the three of the new members had met earlier this eve- ning wit~ Community Development and legal staff, and that a tour of the City will be planned . Mr. Schultz stated that the Waste Mana gement Task Force met earlier this eve- ning. They are scheduling presentations by representatives of the six larg e st trash companies in the metro area and will be making a recommendation on the way to proceed in the near future. Mr. Fish stated that the election of officers will be scheduled for the next meeting. Mr. Schultz stated that he would like the record to reflect his commendation of ~mbers of the Environmental/Nuisance Code Task Force . Mr. Schultz stated that it is evident a lo t of ti .. and work was devoted to reviewing the codes and ordinances and compll ing theta into one document, and he thought the l \· Force had done a very good job. The meeting was declared adjourned at 10:15 P.M. Gertrude G. Welty Recording Secretary • ll . .. I . . • • • ENGLEWOOD URBAN RENEWAL AUTHORITY February 7, 1990 ANNUAL MEETING J. CALL TO ORDER. 1 OL: The Annual Meeting of the Englewood Urban Renewal Authority was called to or- der by Chairman Robert Voth in Conference Room A. Members present: Byrne, Keena, Minnick, Voth, Schmidt, Bullock Wanush, Executive Director/Executive Secretary Members absent: Totton Daugherty, Alternate Member Also present: Harold J. Stitt, Planner Harlin D. Opperman, legal Counsel Jim Kreidle, Kirchner-Moore, Bond Negotiation Advisor Mike Johnson, Davis Graham & Stubbs Wm . Hanson, Davis Graham & Stubbs Steve Bell, EURA Financial Advisor, Prudential Bache Greg Fulton, Prudential Bache larry Halohn, Shearson lehman William Clayton, Jr., City Councilman Hr. Voth welcomed Mrs . Meredith Schmidt and Hr. Tim Bullock to the Authority . Mrs. Schmidt has just been appointed to a five year term on the Authority; Hr. Bullock has also been appointed to a five year term on the Authority, and is a representative of the City Council. Hr. Voth asked that everyone introduce them se lves and that Mrs. Schmidt and Hr . Bullock give a little background in- formation on their interests and occupations. JJ. Chairman Voth stated that the Minutes of Oece.ber 13, 1989 are to be con -sider d for approval . Minnick 1110 d: Keena s c:ond d: The Hlnu r 13, 1989 be ap~rov d as writt n . The 1110lion carr! d, and th H nutes stand approved as written. Ill. ELECTION OF OFFICERS Hr . Voth a k d t at th 1 ctfon of o ftc: rs for th Authority postpon d to th n xt l ng on H rc:h 7th . AY NAY o o fie rs for th Authority d lay to ch td • o h, ullo , ~rn , na • 1 • ... I . • ABSENT : Totton ABSTAIN : None The motion carried. IV. KIRCHNER-MOORE Jim Kreidle • • • Mr . Wanush stated that the firm of Kirchner-Moore was Pngaged to analyze the Authority bond repayment schedule . Mr. Kreidle of Kirchner-Moore is present to make the initial report. Mr. Wanush asked that the Authority go into Ex -ecutive Session for this discussion . It was moved, seconded , and carried to go into Execut i ve Sess i on . • • • • • • • • • • Ms . Daugherty entered the meeting at 6 :25 P.M. • • * • • • • • • • It was moved, seconded, and car r ied to come out of Execu t i ve Session. Members of the Authority expressed their apprecia t ion to Hr. Krei dle, and he will r epor t back to the Authori t y at their next mee t ing in March . Chairman Voth declared a short recess of the Autho r ity . The meeting was called to order at 7:35P.M .; all members presen t exce pt for Mr . Totton. V. LAW -SUIT UPDATE ar in . Op~ Mr . Opp erman ask d that th Authority b in Exe cutive Session for his d isc ussion. It was eo v d, s cond d , and car r ! d t o go i nto Ex ec ut i ve Se ss ion . • • • • • • • • • u d, cond d, nd carrf d o c out o rs of th n or his 1 t ndanc and upda t VI. SEL & s u b I . • • • Wanus h has met on several occasions with Mr. Johnson regarding the project. Mr. Wanush stated t hat he would recommend that Mr . Johnson be engaged to serve as t he legal counsel for the Bond Work-out . Keena moved: Minnick seconded: The Urban Renewal Authority contract with Mike Johnson of Davis, Graham & Stubbs to serve as the legal counsel for the bond work-out . Mr. Bullock stated that he had previously expressed concern on the manner in wh i ch Mr. John son was sel ected , and al s o expressed concern on the hourly rate cha rged by Mr . Johnson. Mr . Bu l lo ck stated that the matter has been taken out of his ha nds, but he does want h is con cern noted . Ms. Kee na ga ve a more deta il ed ba ckgro und on the select i on of the bond work - out advis ors and the bond wo r k-o ut legal counsel. Ms . Keena s ta t ed that if t here is a problem in the man ne r in wh i ch Ki rchner -Moore or Mr . John s on were selec t ed , it is that t he ent i r e Auth ority membership di d not i nterview the candidates. Mr. Bullock reiterated his conce rn on th e ra tes. The vo e was called on the motion: AYES: NAYS: ABSENT: ABSTAIN : Voth, Byrne, Keena, None Totton Bullock, Schmidt The motion carried. M1nnick Mr. Bullock stated that he chose to abstain because he does not kno w what al l was gone through in choosing the legal counsel. Mrs. Sch mi dt sta ed that she abstained because she doesn't feel that s he has sufficient informat ion, and is also concerned about the high legal fees. Th motion carrl d. VI I. CLE VETRUST I • • • • • Wanush stated that it wa s pa r t of the park i ng lot . The part of the Ci ty prop - ert y t o be acqu i red by t he Bank would include a portion of the Courts if Hampden Plac e were st r ai ghte ned from east to west . Minn i ck moved : Byrne seconded : Resolut i on #1, Ser i es of 1990, A RESOLUTION OF THE ENGLE- WOOD URBAN RENEWAL AUTHORITY RATIFYING A SETTLEMENT PRICE FOR THE ACQUISITION OF A PARCEL OF PROPERTY OWNED BY THE FIRST NATIONAL BANK OF ENGLEWOOD, AND UNDER A LONG TERM LEASE TO CLEVETRUST REALTY INVESTORS, A MASSACHUSETTS UNIN - CORPORATED ASSOCIATION, be adopte d an d approved by th e En - glewood Urban Rene wa l Authority. AYES: Bullock, Byrne, Keena, Minnick, Schmidt, Vot h NA YS: No ne ABS ENT: Totton AB STAIN: No ne Th e motion carried . VIII . REPURCHASE AGRE EMENT TOPA Savings Bank Mr. Wanush stated that the Authority initially had $3.7 mill ion on deposit with Bel Air Savings at 9.75%, which is the Reserve Fund. The Authority has drawn down on this account to make bond payments and there is now a balance of approximately Sl.6 million on deposit. The Authority was approached last year with the request from Bel Air (now TOPA Savings) to terminate the repurchase agreement. At that time, it was determined there was no financial benefit to the Authority to terminate the agreement, and we so declined. The Authority has again been approached by Mr. lipp of RCM Securities acting on behalf of TOPA Savings, regarding the possibility of terminating the agree - ment. TOPA has agreed to pay a premium to the Authority to compensate for interest that will be lost from having to invest the remaining funds at a rate low r than the 9 .75%. Mr. Wan ush stated that staff estimates the reserve fund will be depleted by June, 1991 . Hr. Wanush stated tha staff has done co putations at various interest rates at which th funds ay be in sted . The staff stfmates that the reserve fund would lose approxi ately S26,000 due to th lower investm nt interest rat . Hs. • 4 • • f th agr nt t by th City () I . . • • • Bullock moved: Minnick seconded: The Authority authorize Executive Director/Secretary Wanush to bargain with TOPA Savings Bank, the premium floor being $45,000 and no ceiling figure, to effect the buy-out and termination of the Repurchase Agreement. Discussion ensued. Ms. Byrne urged consideration of a higher premium floor amount. The vote was called: AYES : NAYS : Keena, Minnick, Schmidt, Voth, Bullock Byrne ABSENT : Totton ABSTAIN : None The motion carried. IX. FINANCIAL REPORT. Hr. Wanush reviewed the revenue comparisons prepared by Hr . Stitt . It appears that District #2 Is down from the same period last year, with the closure of Buyer's Club accounting for this revenue shortfall. District 11 is up over the same period last year. Hr. Wanush stated that staff has regular contact with leasing agents at Trol- ley Square, but there is no activity to report. llncor leasing agents are busy contacting prospective tenants, but there ts nothing to report to this date. Staff is working with llncor on a potenthl childcare center. The Marketplace is virtually leased up. There ts SOlie activity on leasing the Buver's Club space, but no Immediate prospects. There Is difficulty In find - Ing a tenant capable of filling the entire space. The vacancy rates were briefly discussed, and Hr. Bullock noted that the vacancy rate In Englewood Is very comparable to that In Denver. Ms. Keena stated that she had recently seen the ne~o~ convention center, and that It ~o~lll be very nice. Hr. Wanush noted that the American Planning Assocfatfon (APA) National Con- ference fs schedul d to be held In Denver fn April, and that one of the .ablle workshop will b a tour of The Plaza at lfttlt Dry Cr ek and along th Creek. Th re was no further business to COM befor the Authority, and the aeettng adjourn d at 8 :35 P. H. ty tary • s . I . • • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY January 17, 1990 The regular meeting of the Englewood Liquor Licensing Authority was called to order by Chairman Styes at 7:33 p.m. Present: Absent: Waddell, Such, Boardman, Lunders, Styes None Also present: Assistant City Attorney Grimm City Clerk Crow Deputy City Clerk Ellis A quorum was present . • • • * * MEMBER BOARDMAN MOVED, MEMBER LUNDER$ SECONDED, TO APPROVE THE MJNUTES OF THE DECEMBER 20, 1989 MEETING. Ayes: Nays: Abstain : Absent : Motion carried. Waddell, Such, Boardman, Lunders, Styes None None None • • • • • The Authority discussed the !~ending application for Transfer of Ownership for Southwind Restaurant and Lounge, Z796 South Broadway. Discussion ensued. The City Cler k was directed to advise Pat Ba er (current owner) to proceed with the renewal as the expiration date is february Zl, 1990 and no assurance could be given to Ms. Baker that the Transfer could be concluded prior to the up1rat on date . . * * • • • MOllO L&JII)(RS NOVO, WADO£Ll $£C HW00 W(ST, 3517 SOUTlf UAT11 FltATUll SOUTlf COITRAL J I, 508 ST IWtPOOf AY WEST IIO£N AVE Ay s: Nays : Ab ttln : Abs nt : Motton c rr1td. • Tr n r SFOI 1200 EAST AVOIU£& l'P£R 'S SEAFOOD 1234, ttt 11 or Or th 100 I . • • • The Authority adjourned to executive session at 7:48 p.m . The meeting reconvened at 8:37 p.m. with all members present . The applicants, Leo Martinez and Leo Martinez Jr., and John Worthington, their accountant, were present to respond to questions. Member Lunders stated the Authority had reviewed the application for Transfer of Ownership for MD Drug, Inc. dba MD Pharmacy and found the application, as submitted, unacceptable. Assistant City Attorney Grimm advised the applicants of the various problems with the application as submitted. Mr. Grimm also advised the applicant that the responsibility for the operation of the Drug Store Liquor License of MD Drug, Inc. dba MD Pharmacy reMains ~ith E. A. Bloomquist, Jr. and E. H. Ferguson, and M. F. Ferguson. Discussion ensued. Member Board•an stated that he would be abstaining from the entire proceeding concerning the Transfer of Ownership request for MD Drug, Inc . dba MD Pharmacy because of his past personal dealings and e.plo~nt with MD Pha~acy . Discussion ensued regarding the legality of the •anagement agreement which has been In effect since Nove.ber of 1989 . Mr. Gri .. advised the applicants that until the Liquor Licensing Authority approves the Transfer of Ownership their ts no transfer. He noted that MD Drug, Inc. would be advised of the status of the ir Drug Store Liquor License; and he encouraged the applicants to beca.e fa.tltar wtth the State of Colorado Liquor and Beer Code. ' The application as sub.ltted was returned to the applicant . • • • • • The Authority reviewed the Pollee Report dated January Z, 1990 Involving 1 possible liquor violation at Arap's Old &un Shop £attn and Drlnktn, 3866 South Broadway. 1010 IOAIDMIMWO, ..,_. IMIIOfll KCOIIDO, TO S£T A SHOll tAUS( 10111• FOI MAP 'S OLD-_, OTII-111.11, 31M SOUTH IIOMIMAY FOI F~Y 21, lttO, AT 1:00 P.ll . TO COISIDO Til( ALUIO LIQUOI VIOUTI •• JMIMIY Z, lttO. on carr A1 J : ay : Absu n: Abs nl : 11, Such, Boar n, lunders, Sty s • • • • • I . • • • ENGLEWOOD LIQUOR LICENSING AUTHORITY February 7, 1990 The regular meeting of the Englewood Liquor Licensing Authority was called to order by Chairman Styes at 7:33 p.m . Present: Absent : Waddell, Such, Boardman, Lunders, Styes None Also present: Assistant City Attorney Grimm City Clerk Crow Deputy City Clerk Ellis A quorum was present. * * • • • MEMBER WADDELL MOVED, MEMBER SUCH SECONDED, TO APPROVE THE MINUTES OF THE JANUARY 17, 1990 MEETING. Ayes: Nays: Abshin: Absent: Motion curled. Waddell, Such, Boardman, Lunders, Styes None None None • • • • * The Authority reviewed the ren~al application and Manager registration for Southwind Restaurant l Lounge, 2796 South Broadway. Patricia Baker, Owner; John Searcey, Manager; and Andrew Lopez, Attorney (SupreMe Court No. 6405), wert pr sent and responded to questions from the Authority. Mr . Lopez ad !sed the Authority as to the status of the license, the Manager's agree nt, and the p ndtng Transfer of Ownership. Discussion ensu d. MEMU lUfCIEIS *»YEO, MEMIEI IOMDMAH SECONDED, TO APPROVE THE IEM£WAL AND MANAGER REGISTRATION OF SOUTHWIND RESTAURANT & lOUN5E, 27t6 SOUTH IROADWAY. ton c rr td. add 11, Such, Board n, lundtrs, S yes on on on . I . l Ou I . • I • • • • It was agreed the Authority would receive the application after the backgrou nd investigation was completed, with reports submitted regarding findings from the CBI and FBI fingerprint checks . Assistant City Attorney Grimm cited rehabilitation statute, CRS 24 -5-101, and advised Attorney lopez the Authority would expect compliance at the hearing for the Transfer of Ownership. • * • * * Assistant City Attorney Grimm advised the Authority on the status of the Drug Store liquor license of HD Drug, Inc. dba HD Pharmacy, 2895 South Broadway . The City Clerk's Office was directed to provide Ron Medford, Englewood Police Department, with a copy of the certified letter sent to HD Pharmacy January 25, 1990. Hr . Medford will forward a copy to the State. * * * • * Chairman Styes announced the Authority was ho l d i ng a public hearing to determine whether the Tavern liquor license with ext ended hours of Hilda's Cafe Inc . dba Blizzard's lounge should be su s pended or r evoked because of certain allegations of violations. MEMBER WADDELL MOVED, MEMBER BOARDMAN SECONDED, THAT THE ENGLEWOOD LIQUOR LICENSING AUTHORITY CONVENE IN PUBLIC HEARING TO CONSIDER IF THE TAVERN LIQUOR LICENSE WITH EXTENDED HOURS NOW HELD BY HILDA'S CAFE INC. DIA BLIZZARD'S LOUNGE, 43811 SOUTH BROADWAY, ENGLEWOOD, COLOUDO SHOULD BE SUSPENDED OR REVOKED. Ayes: Nays : Abstain : Absent : Mot i on carr i ed . Roll wa s ca l l ed : Pr esen t : Ab se nt: A quoru~ was present. Waddell, Such, Boardman, Lunders, Styes None None None Wa dde ll , Suc h, Bo ard.an, Lunders, Sty es No ne The presenter on b half or the City w s Jo n noth, 0 tectf e for the Engl ~ood Pollet Depart nt . Th respond nt was reprts nttd by Sco t Halt, Supr Court o . 16527. -2 - I . • • • • • • Detective Knoth introduced into the record the following documents identified as: City Exhibit 1 Certified Notice dated December 21, 1989, addressed to : Charles laverne Blizzard 4619 South laredo Aurora, CO 80015 Carmen Dorothy Blizzard 4619 South laredo Aurora, CO 80015 Charles laverne Blizzard Carmen Dorothy Blizzard Hilda's Cafe, Inc. Individually and dba Blizzard's lounge, Inc. 4386 South Broadw~y Englewo od, CO 80110 RE: NOTICE OF PUBLIC HEARING TO DETERMINE IF THE TAVERN LIQUOR LICENSE TO DISPENSE MALT, VINOUS, AND SPIRITUOUS LIQUOR NOW HELD BY ADDRESSEES SHOULD BE SUSPENDED OR REVOKED. Evidence of the receipt of Noti ce to all ~ddressees was attached to City Exhibit 1. City Exhibit 2 Copy of St~te of Colorado liquor license held by Hild~'s Cafe Inc. dba Blizzard 's lounge, covering the period December 31, 1989, to expire December 31, 1990. City Exhibit 3 Copy of City of Englewood liquor license issued to Hilda's Cafe Inc. dba Blizzard's lounge, 4386 South Broadway covering the same per io d . Chairman Styes explained th~t this would be an ad lnistrative hearing, that strict rules of evidence as they apply fn courts of l~w are no applicable. He outlined the procedure to be follow d, stating that all persons testifying ust be sworn In, with th exception of th at orney. Th foll lng witness s, duly s orn, re ulled by 0 t ct noth : Offfetr Ja s 8. Johnson, £ng1 ood Pollee Depart nt. Engl ood, CO Officer Andr P. Connolly, Engl ood Pollet Depart nt, Engl ood, CO Hr . Kenneth Quint ro, 100 st Grand Ave ., Englewood, CO Counselor Douglas E. Holl fnsh d, Arapahoe House Otto 3301 South Grant, Eng! od, CO Hr. Hale stated forth record 1 fo al obj ctton to th testf-any nt rtd regarding the fntoxflyzer t st as h f 1 th rt h d not bt n an d qu1te foundation s t for that test . Hr . Hal was glvtn th opportunity o eros ·• ch witn u . 0 I . • • • Witnesses were also questioned by the Authority members. Mr. Hale called the following witnesses to testify on behalf of the Respondents, who were duly sworn: Rose C. Hinojos aka Gallegos, 4386 South Broadway, Englewood, CO Charles Blizzard, 4619 South laredo, Aurora, CO Frank Ono, 9812 Fairwood Street Albert Dreher, 7512 South Adams Circle Prior to Ms. Gallegos's testimony, Hr . Hale stated for the record that he represents Ms. Gallegos in an action similar to this matter in Arapahoe County Court; he also represents Hilda 's Cafe, Inc. He noted Ms. Gallegos had been advised of the situation, understood the possible conflict and chose to testify. During Frank Ono's testimony, the following exhibit was admitted into evidence: Exhibit A Colorado Blood/Alcohol Concentration Calculator Detective Knoth was given the opportunity to cross-examine each witness. Witnesses were also questioned by the Authority members. Detective Knoth presented closing statements on behalf of the City. Hr. Hale presented closing stat~nts on behalf of the Respondent. The Authority recessed into Executive Session at 10:00 p.M. The meeting reconvened at 10 :48 p.•. Roll was called: Present : Absent : A quoru was present. Wadd ell, Such, Boardman, lunders, Styes None [I MAD0£LL MD£ TH( FOLLC*I. MOTION WHICH WAS S£COND[I) IY £1 IOAIDWII •This Authority find rroe all t evld~t that t bart net r ervtel a visibly into tcattd per on nd that the pen lty wttl be t l rty day suspension all of ch w 11 be held tn abeyance for iJc nths on condition no furtl\fr v olat ons ~cur. • o r ults : Ay s: N 'I : Abst in : 01 "· ty s rs Ab nt : • • • I . • -• • • MEMBER LUNOERS MOVED, MEMBER SUCH SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes: N1ys: Abshtn: Absent: Hotton carried. Waddell, Such, Boardman, lunders, Styes None None None * * * * * The ~ettng Adjourned 1t 11:02 p.M. ~t?.f4... PIIYiYtrk I . . 0:Dll\.:I~X:?.: ::o . _g_ S~ES OF 1990 • • • <YJi..::ll:lL 3!LL :;o . 6 I! r.::0:>:JCE:J 3 'i CCC lC ::L ;.::;:::.3~ ::OL7.:;·i ~:~ amr.t~~ .n??~ovn;G 7:--~E CO::r?.:cr :a~z::::1 7rZ c~T.l cr ~~GI..=:.-.OJ!:l .~:!J ~s DE?.::...~·~;'T or-HIGr.i;;:..Ys, orvrsrw oF ;nGEl·:;w s;...::;:y, ST.;::.: C·F CC<IJ)rt.;:x,. 10 (e) ~·~;s, t.:-:~ City ci ~gle-.JvcC, c:1 ~:-.alf cf t~~ ~:.~:~.,'ood De!=:ut:~-ent cf Sai~ty Se1-vice.;, ?clica Divisic:-1, ~c.:; s·.:::ru tted a.; a;.:_:.licatic:~ to t.-.e Cclcraoo Je?Ut.l!:-.t cf Ei-::-:.;:~·s I =·:vi sic:! cf :~ic:i:·~·ay sa:ety I fer :e.::sral fl::-:Cin:; to cc~~~c~ a tr6ffic s5:e:y ?r:~ect ; a~d l."~.!:ltS, ":!":e :-.3tc=-:inc :..:r.es :cr t.'"!is ?rc~ect are i..-:ch:ced ·~·i t.."lin e.e De~t!nt c f s~.:ety Se::vices budget; a.'"lc ~~~s, ~-.! S~5te cf C:lorado r~ires ~-.e City to :cr:-.3lly apfrcve ~e ocntnct net·.,ee:-~ U:e City a'"ld t.'1e Divisic;, c: 1-:ig:-.·~·a: Safe~y l:y signatu.re cf NCU , ~::<.E, !£ IT CRDA.I::=:::> EY T.:~ CIT'i <X:lli:~C!L Cr 'E CIT'i OF !:~XX>:>, CJIJ::R~, .~ F'O!.WIS: Secticn 1. Tne ccntract bet1.-een the City cf ~gle-NCA..--d and State of Cc~craoo ~u-:..-er.t c f J:igh\:ays , Divis!c:1 cf :iig:-:.-:ay sa.:a:y , is ~ere!:y a?;:rC\·ed. ~~ ocr.tn:t ge::~nl~y ccr.tai::s t:.e :cLc-~·ins: 1. Cit-y s:-:a11 c~"'"rY c1.t t.'1e ;::-~.,_.,, ccnOx:t u l :.~e letlvities ar.d ::::cvic! __ r-;.!.:::e3 b iC.:-. i!-J.!.:~; ~i;;, :-.!.zard lc-=~: -:~s fer selective e:"!f:rc-:-:: ;:rc-;=!.-.s ; a.--.sl;·: ~•!l!f:c e:-,!cr:~:-.: s-:s ; ::re?ue !"Cllt": "5.! :-.s:a::~ :-e~..:r<;s !.;3 ~rll~f:.c r.!:rc~r!:-.: s::::·.·: :y =~rts; ;:-ev!Ct :: :::::. ... i:a ~c!c: :-.:. !~\·~s:.:.~l::t~ !.:': .. =~~=~ tr..:.:t:.c, :cr 8 ~raf!!c c!! -~ = 1:-d c:-: t.!:;e ~ :. -.:! ::-l~: :!· .. · ::-.:ere _;;: ~ ... i~::.? .. ;: !~t /''::. s-e ; ~·..:::··~::-.. :..:_:.;.."':\!~,:. '!-:.: ·.;s l:"l -c-~:-.t :.::·e~::.~t ~c:-; ":::-:: :r).!~!: ·..:.!: ·!:r ::>,6CO !".c~s cf 2. Ci !c:-canr:-~ !.-~ =•lat~ :i'.·! ::.ea _...~ ::!-, .... Y.;:..:s c! S~.:?tr••ll:c:~ c:.;.r.er:~· :e;::>:r-:s s.:~! !i:-.a! :..-ac: r·al'.:atic:'\ -cc·::.:&.:!!::;::· !cr:"l L1~ a.-. )'I a cf :-.: f. ': ; t.'.e er -?:~c:-. c! :n1~. ; ~:c:vi~ --= . .:.-.!~.:!i~:· !c:-: ;:-:-\"_.<!, t! •-:.:--:!--: ::~ ~·==• e! :::l~-·-~ .,_.,:.,,:-c! e!:~~::.·a -=!:::e·.; ::c 1 · f r.al :::y!~ '•"1':.'\ All r:ta e~::-.: a ;: :'It:· .u l. :-pli-:a.: • ~~ :'! -;.ra~:.\ .. ;;:rcced\:.rea nd Me! !-\ t.: ec:er a~ . 1; .... y Sa.fe y I • • • • • :?.. ::=.:·:!..:.~, tctal :o..-cu.:t c! Cc:1tr:ct s ;;an ~ $2"76 1 035 c£ :cceral :';r,C..S : ::=tat:: sr.:rc cf fcceral f\:.:·::S to be $231216; City's s:-.aze cf fcceral fUI:C.S to !::>e $247 1 819; Citi' to ?=Y all ccsts incurred in e:<cess cf t~,i s !)ud::;t a""t"l:..it . Citv's re-i.Ji)\.:.rs.c-r.r::--~t ':;y t}-.(? S:a.te 5~311 !::>e c c~ti~~e;t c~ City's uv~tri~~tic~ c f :~s ?~-tici~3t in g share aid >.:;:x:n t l1e cc:;ti:-:ci:-,g a·; ail a.':-iE ty cf fce.:ral fu..;.:.S ·.mcer t.'"le Hig::·~·a y Safety.:;,:;:<; (Ti-:le 23 1 L'.S.C. S~tic:1 ~(12). In t.'"le e-,,ent sue~ funes Cl." :;:-.y :?!lrt t.':erecf ~e ~.ct ::e-ceived by t::e St3.te 1 t.'1e State :r.o.y i r:reCiatcly te::r.J:1 ate cr a.-e;1d this Ccr.tract • .; . T~l-:i c: C:ntnct is cat~ Ce-,tr.:~ct is a,~re\'ed ty sigr.at;.:J:e ef State Cc:;trcl!er and shall temir.ate en Sej?te:n?er 30 I 1990 1 ar1d cc;-r.-e:-satic;"l fer ·,;:rk ?er!.:r.-oed cr ccsts b=red s:-.a ll fall enly l·:itl:i;"l t.'1is te:-::-. 5 . City as-ees t..'"l.:~t a."lJ' su.'xc:;traet c;1tered b to 1.:.Tlder t.'"lis Contract sh!ll neet all a?Olieable state a.,d feceral reouirenents and nest be ~~rcve d 'cj t.'1e oirectcr I Division of P.ig~,;ay Safety I prier to ex~~ticn l and City sh~ll ~t assign t.'1is Ccntraet ~i~1cut prier ·.--ritten a??rcyal cf t.'ie State. 6 . ~f City !ails to f•~fill its cblisatie~s ~,~r t.'1is Ccntract cr sh111l •;icl!t~ :r-.y cf ~~ C<:".•er.!t."ltS 1 S?r~:-.~s cr stipubtior.s cf ~~is Cc~trsct, t.~ St!te has t~~ rig~t to tel7U~ate ~.is Ccntract fer cs~;se . Of t..'1 ·! St6te ':".3y ter.Ur:ste t.'"lis Cc:;tract if it <."e·~pr.-.i~s ~~e ~.u-:xscs cf th_ Cistr:t!:TJtic;"l cf rc:-.ies 1.:.Tl~r t.'le Cc;,traet ·.~:uld ;~ !c n~e r b.! S!r."o!d 1::-' ce~htlC:l C! t:"le i>re)ect . S..:~!c:"l 2 . :'::~ ~:!:·c= a..~~ C tv C!e-~~~ ce a\.t.:-:c:i:ed !: i;:'l s~id O::;:r.a::t !cr r:i c~ ~~a!f c! t.~e ci t·.r' ec-.::.cil 11.-d t:"l! c:. t'/ c! ~ler ... 'OCd . • 9(1. . . ' C:! !9;-"' C:'l t. --· ! tt • ycr C:e-..-, City c! rk I • • ORDINAOCE NO. SERIES OF 1990-- A BILL FOR • • • cootCIL BILL NO. 7 ~ttdt~tv ' AN OODINANCE Al-IENDING TITLE 12, OiAPTER 2, SD:TICN 6, E2CIDOJD 1-l.lNICIPAL ODE 1985, BY IMPOSm:; A FINE OF $1, 000 FOR VICILATic:r.S CF SANITARY SD~ PRE:l'RF.A'IMENT RmJ!.ATIOOS. WHEREAS, the United States Environmental Protection~ ("EPA") is requiring all publicly operated wastewater treatnent plants to i.npose a mininun penalty of $1,000 per day for each day that an industrial user is in violation of pretreatment program requirements; and WHEREAS, such a mini.nun fine is reasonable given the risk of harm to the public which would result fran pretreatment regulation violations; and WHEREAS, criminal penalties and fines are matters of local concern and are within the authority of hane rule cities to establish by virtue of Artier XX, Section 6, Colorado Constitution; and ~, Council deems it to in the best interest of the public health, safety and welfare to ly with this federal mandate. OOW, nDEf'CitE, BE IT CltD.\INfD BY nil: CI'N CXJ1.KIL CF 'mE CI'N CF ~~, ca..cJW)(), AS PCLLCJo«S: section 1. Ti 1 l2, 0\apter 2, ~ ion 6J, fhglewood 1-l.lnicipal Code 1985, is hereb)l dltd o read u follows: 12-2-6 J . ) I • • • • • section 3. Repealer. All ordinances or resolutions, or parts thereof, in conflict with this ordinance are hereby repealed, provided that such repealer shall not repeal the repealer clauses of such ordinance nor revive any ordinance thereby. Introclx:ed, read in full, and passed on first reading en the 20th day of February, 1990. Published as a Bill for an Ordinance en the 22nd day of February, 1990. Attest: Susan Van oyJte, Mayor Patricia H. crow, city cleat I, Patricia H. Crow, City Clerk of the City of !bqlewcod, Coloracb, hereby certify that the llbove InS for'e9Qing is a true ocpy of a Bill for an <kd1nance, i.nt:rc:dJced, nad in full, and pu.ed Ql first ruding Ql the 22nd dlly of hbruary, 1990. I • • RESOLUTION NO. ~ SERIES OF 1990 • • • A RESOLUTION TERMINATING CITY-PAID HEALTH INSURANCE FOR MEM-BERS OF ENGLEWOOD CITY COUNCIL. WHEREAS, Englewood City Council passed Resolution No. 93, Series or 1988, appropriating funds tor City-paid health and dental insurance for members tor City Council; and WHEREAS, the issue or City-paid health insurance was put to a vote of people on the January 30, 1990 ballot and said issue was defeated; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City-paid health insurance tor aeabers ot EnglewOod City Council hereby terainates at 11:59 p.a. January 31, 1990. Section 2. Meabers of City Council have the option ot receiving health and dental insurance through inaurance pro- gr ... offered by the City or Englewood at their own expanae beginning February 1, 1990. ADOPTED AND APPROVED thie 20th day ot February, 1190. Susan Van DYke, Mayor Attest : Patricia H. crow, cl y clerk I, ric a H. cr ngl ood, color do, her rue copy ot solution , c y Cl r for the city ot y e rti y that the foregoing b a o. ___ , eriea of ltto. P rlcla H. Crov 12 (b) I . • - • • • RESOLUTION NO. _;;,S SERIES OF 1990 - • • • A RESOLUTION ESTABLISHING ANNUAL SALARIES FOR THE CITY MANAGER, CITY ATTORNEY, AND MUNICIPAL 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual salaries for the City Manager, City Attorney, and Municipal Judge for the calendar year 1990, retroactive to January 1, 1990, are as follows: City Manager City Att orney Municipal Judge $73,185 $61 « 685 $61 « 000 ADOPTED AND APPROVED this 20th day of February, 1990. Attest: Patr1cia H. Crow, City Clerk I, Patricia H. Crow, City Cl rk Color do, h r by c r ify h bov 1• o. ____ , S ries of 1 90. or th c 1 ot ru copy of P rlc:Ie H. Cro Mayor 12 we. I • • DATE February 20, 1990 INITIATED BY STAFF SOURCE ISSUE/ACTION PROPOSED • • .. • COUNCIL COMMUNICATION AGENDA ITEM 12 <IJ SUBJECT Public Works Department -Servicenter Kells Waggoner Street Sweeper Bids Council approval to purchase two (Z) 1990 Model Elgin Pelican Pre.ier 3 wheel ibtor driven street sweepers as per bid by Faris Machinery. PIEYIOUS COtiiCIL ACTION Page 267 of the 1990 budget lists the replac~nt of these brooas. STAFF MAL.YSIS The FMC sweepers in our fleet have perfonaed well when openble; however, parts availability and delivery have been major and frequent probl .. s. Parts delays have created too much down time. To address this probl .. , the new bids included a requirement that the vendor must supply and deliver ... rgency parts with in 48 working hours of the order ti or pay a SlOO per day penalty. We have tal ed to Arapahoe County, L ttleton, and Stapleton about their Elgin s p rs. All indtca e tha pars ava11 bllity has not created a probl .. and that d tt is•ni 1 . IACitUOUND s p rs; t (2) 1915 IIOdeh (one air bf'OOII p r) , on 1989 f V I"9Ua rd 3000 SP, and Oftt With th t (2) n s p rs, on of t 1985 .odtls (air) and t ltiZ .odtl vill bt sold by s altd b d or pl c in th nnual uction. T ot r 1115 ..0.1 wtll bt pltctd n r rv • I . • • • FINANCIAL Bids for two (2) new motor driven street sweepers were opened December 29, 1989. Bids were prepared to allow trade for old units. The trade, however, was left as an option by the City, and we believe that we can get more than the $6,008 difference through an outright sale or through the auction. Bid results were as follows: Total Bid Allowable Net Except. to Vendor 2 Sweel!ers Trade Price Bid Specs. Faris Machinery Co. (Elgin) $140,950 $3,000 $137,950 None Power Motive $146,686 $2,500 $144,186 * Corp. (Mobil) Booth Rouse $147,242 $15 ,300 $131,942 ** Eq. Co . (FMC) ,._ * Parts not guaranteed wi th i n 48 hours; however, parts not delivered within 48 hours would be free . ** Parts will be available for sh~nt by carrier within Z working days. (Note: Not necessarily delfve within 48 hours.) Analysis: Far i s Ma chi nery Co. f s the only vendor ... ttng all require.ents of the RFP and guarantee for parts delivery . I, therefore, rec:a.end that the City purchase two (Z) new Elgin Series P Pre.ier .ator driven 3 ..._1 sw.tptrs for the bid price of $140 ,950 and that the City opt to sell the old s ... pers . The Street Supervisor and Super i nt ndent, Shop Supervhor, and Servicenter Superintendent ..,.. with this reca..endat 1on . There i s pre sent l y $161 ,860 ava il able n the CERF fund for sw.tptr replace.tftt . I . . • • • FRASER: MAYOR, THE DEPARTMENT HAS MADE A REC(JitENDATION TO ME REGARDING A REVISED PURCHASE PROPOSAL FOR THE LADDER TRUCK TO REPLACE THE VEHI- CLE THAT HAD PREVIOUSLY BEEN STATIONED ON THE WEST SIDE OF THE CITY. WE HAVE BEEN LOOKING AT FINANCING ALTERNATIVES. I RECEIVED A REPORT THIS AFTERNOON FROM STAFF, WHICH INDICATES TO ME THAT THERE ARE FINANCING ALTERNATIVES THAT ARE AVAILABLE TO THE CITY THAT NAKE BETTER SENSE THAT WHAT HAD BEEN PROPOSED TO US BY THE Flllt BUILDING THIS TRUCK, All) WE WILL NOW THAT I'VE GOT THE REPORT BE CCIIJING TO YOU WITH A REC(IIt[lllATION ON THE FIFTH OF MARCH AGENDA TO PROCEED WITH THAT PURCHASE. WIGGINS: DO YOU HAVE MY IDEA OF WHAT THE DELIVERY TIME WOULD BE IF WE AP -PROVE IT? FRASER: WELL, THE VEHICLE IS UNDER CONSTRUCTION NOW All> WHETHER WE APPROVE THIS MMCH 1ST OR MMCH 5TH OR APRIL 1ST, Aft, THE VEHICLE IS GOING TO IE cm.t.ETED IN, SCIIETIME LATE AUGUST OR EARLY SEPTEMBER OF THIS YEAR. WIGGINS: THANK YOU . WHAT TIME WOULD IT IE DELIVERED IF FINISHED IN AUGUST? FRASER : WELL, IF IT 'S FINISHED IN AUGUST, IT WOULD BE WHATEVER WE ARRANGE TO PICK IT UP AFTER THAT . l . 0 I . . • • • VERBATIM EXCERPT: AGENDA ITEM 6Biv(b) WITH REFERENCE TO FEDERAL FIRE STATION -COUNCIL MEETING FEBRUARY 20, 1990 • z • I . • • • I think they are being worked on by the Fire Service Delivery Committee, but in the interim I think that the people in the Centennial area need to feel that they aren't being short changed. I believe that we need to • la • .. • I . • • • • find someway to keep the fire station open until there is a resolution that the whole city can feel comfortable with . And I'm asking for some suggestions on how we might do that. VAN DYKE ANY RESPONSE TO ALEX? RITA. HABENICHT: YOUR HONOR, I'VE HAD CONVERSATIONS WITH ALEX OVER THE PAST WEEK EVEN BEFORE HER ARTICLE CAME OUT IN THE SENTINEL. MY SUGGESTION IS THAT YOU CANNOT LOOK AT APPROPRIATING FOR THOSE THREE FIREFIGHTER POSITIONS AT THIS TIME BECAUSE IT'S MY UNDERSTANDING THAT WE CAN'T EVEN HIRE FOR THE TWO VACANCIES THAT WE HAVE BUDGETED FOR BECAUSE THERE IS NOT INDEED A FIRE TRAINING ACADAMY UNTIL APRIL. SO TO PUT ANY RESOLUTION, TO PUT THOSE FIREFIGHTER POSITIONS BACK IN THE BUD - GET AT THIS TIME SEEMS A LITTLE BIT PREMATURE TO ME. THE THING THAT I DID MENTION TO ALEX THAT I COULD SUPPORT WOULD BE A RESOLU - TION OR A MOTION TO DIRECT STAFF TO KEEP THAT FEDERAL FIRE STATION OPEN AT LEAST UNTIL APRIL WITH WHATEVER MEANS NECESSARY IT TAkES TO DO THAT. WE CANNOT HIRE FIREFIGHTERS SO OBVIOUSLY THAT 'S GOING TO HAVE TO INCLUDE SUCH THINGS AS OVERTIME, IT 'S GOING TO HAVE TO IN- CLUDE SUCH THINGS AS STAFF REARRANGEMENTS PERHAPS WHICH MAY ULTI- MATELY INCLUDE PUTT lNG DOWN RESCUE Z3 IF IT BECOMES NECESSARY IF THAT'S A PART OF THE POliCY DECISION . I SUPPORT KEEPING IT OPEN UNTIL APRIL AT LEAST BECAUSE OF THE FACT THAT THAT WI LL SUPPLY TWO THINGS . IT WILL SUPPLY THE FIR£ SERVICES DELIVERY COMMITTEE ENOUGH TIME TO GIVE AT LEAST SOME STUDY TO THE WHOLE OF ENGLEWOOD AHO ITS FIR£ SERVICE, IT ALSO ALLOWS A LITTLE BIT OF TIME TO GET SOME VERY GOOD, HARD FIGURES AS TO IF INDEED THE FEDERAL FIR£ STATION IS OPEN HOW MANY CALLS, AND I AGREE THAT CETS BACK MORE TO STATISTICS THAN IT DOES TO GEOGRAPHY , HOW£V£R, IT WOULD PROVIDE YOU WITH HARD FACTS AS TO HOW MANY CALLS ACTUALLY WOULD BE DISPATCHED OUT OF THE FEDERAl STATION, WHAT SERVICES THEY WOULD PROVIDE, WHETHER THEY COULD HAVE BEEW DOlt£ 8£TTER BY THE ACOM STATION -BECAUSE IT IS MY UNDERSTANDING THAT THE FEDERAL FIRE STATION WAS NEVER STAFFED WITH AN NIIULANCE ANY WAY , AND IF IT WAS A RESCUE CALL IT WOULD CC»>E OUT Of THE ACOMA STATION ANYVAY, EVEN If FEDERAL WAS OPEN. I THI THERE'S JUST TOO MANY DIFFERENT THINGS THAT HAVE TO GO INTO THIS DISCUSSION TO DO ANYTHI OTHER THAN RIGHT MOW MANDATING OR DIRECT· lNG STAFF TO KEEP THE STATION OPEN IN THE INTERIM UNTIL WE HAVE S(M[ GOOD HARD STOOY F TH FIR£ SERVICES DELIVERY COMMITTE£ AHO SOM£ STATISTICS TO SI:PPOIT EITHER K££Pl IT OPEN OR ClOSI IT. IT'S ALSO MY UNOERST I THAT THE CREATER ENGLE C ER 0 COMM(RC , COVE NTAl AFFAIR C ITT £, AOOR£SS£D THIS IS U AT TH IR LAST Ell ITH TH Ill C AYl Al ST Y ••• CLAYT I A 'T TH HAT Y: 0 , I . • F FRASER: • • • MAYOR, THE, IN ORDER TO KEEP THE FEDERAL STATION OPEN AND ALSO KEEP BOTH OF THE RESCUE UNITS OPEN BY THE STANDARDS THAT YOU HAVE RE- QUESTED OF US IN THE PAST, WE WOULD NEED DAILY WORK FORCE OF 21 PEOPLE. CURRENTLY WE'RE OPERATING ON A DAILY WORK FORCE OF 18 AND WITH THE BUILT-IN LEAD TIME, AND SO FORTH, THAT WE HAVE TO SCHEDULE AROUND THE AVAILABILITY IS CLOSER TO 16 ON THE ROUTINE. WE 'RE SUG - GESTING THAT IN ORDER TO KEEP FULLY STAFFED , IF WE WERE TO DEAL WITH OTHER THAN OVERTIME, WE WOULD BE TALKING ABOUT A FIGURE IN- VOLVING PROBABLY THREE TO FOUR ADDITIONAL PEOPLE FROM WHERE WE ARE TODAY. IF WE WERE TO DO IT BASED ON OVERTIME ALONE, THE COST IS BETWEEN Sl2-Sl3,000 A DAY ASSUMING THAT WE HAVE JUST THREE POSI -TIONS THAT WE HAVE TO MAKE UP. HABENICHT: MR. FRASER, I'M SORRY, BUT I HAVE SOME MANNING LEVELS FROM 1983 AND FROM 1983 TO 1987, AND THE ONE LIKE FROM THE FIRE DEPARTMENT FOR 1983 HAD A 17 PERSON MINIMUM, AND IT INDICATED FOUR FIRE STATIONS OPEN AND TWO RESCUES . AM I LOOKING AT THE WRONG INFORMATION? FRASER: WELL , I HAVEN 'T SEEN THAT, COUNCIL MEMBER HABENICHT. BUT I WOULD ALSO POINT OUT TO YOU THAT NOT UNTIL THE LAST YEAR HAS COUNCIL MAN - DATED CERTAIN LEVELS OF OPERATION IN TERMS OF STAFFING OF THE DE - PARTMENT . AND AS STAFFING HAS FLUCTULATED , WE HAVE TAKEN TRUCKS OR EMERGENCY UNITS OUT OF SERVICE AS STAFFING DECLINED, AND THE AMOUNT OF VEHICLES THAT ARE MANNED ARE DIFFERENT TODAY THAN THEY WERE HERE, WE HAVE MORE VEHICLES CITY-WIDE THAN WE DID THEN , EVEN THOUGH WE HAVE FOUR STATIONS , AND WE HAVE A DIFFER£NT LEVEL OF RESCUE SER- VICE AND THE JUIJER OF PEOPLE THAT WERE STAFFING THESE PIECES OF EQUIPMENT HAS CHANGED . HABENICHT : THAT HA«ES SENSE . FRASER : Nl HT : c Nfl 7 AT 18 . ••• BUT THE I . . • • • HABENICHT : WE'RE CURRENTLY AT 18? FRASER: RIGHT. HATHAWAY: THAT'S IDEALLY THOUGH, CORRECT? FRASER: THAT'S WITH EVERYBODY ON BOARD. HABENICHT: THAT'S WITH EVER ... BUT WHAT ARE WE OPERATING AT NOW? FRASER: WE'RE STAFFING FOR 18. NOW SOMEDAYS IT GOES LESS THAN THAT. VAN DYKE: IF, WITH 18 CONSISTENTLY, WHAT DOES THAT MEAN ABOUT SERVICES? IS THAT TWO RESCUES AVAILABLE? FRASER: IT MEANS TWO RESCUES AVAILABLE, FEDERAL STATION NOT OFTEN OPEN . WITH THE CURRENT STAFFING. KOLTAY : LET ME ASK THIS PARTICULAR QUESTION REGARDING THAT. IT SEEMS LIKE THE STAFFING LEVEL SEEMED TO BE SUCH AN INCREASE IN MANNING LEVEL REQUIREMENTS WHEN COUNCIL MOVED THAT THE RESCUES BE IN SERVICE. AS A LONG TIME ADVOCATE OF LOOKING AT THESE RESCUES AND TRYING TO DETERMINE HOW THEY'RE UTILIZED AS OPPOSED TO JUST PUTTING THE MEN ON TRUCKS, ISN'T IT QUITE POSSIBLE THAT IF MEN WERE MOVED FROM RES - CUES AND PLACED ON TRUCKS, WE WOULD BE ABLE TO PROVIDE THE SAME LEVEL OF SERVICE? HATHAWAY: MINUS THE TRANSPORT FUNCTION . KOLTAY: MINUS THE TRANSPORT FUNCTION, THAT IS CORRECT. FRASER: IF YOU W£RE NOT STAFFING THE TRANSPORT FUNCTION, YOU WOULD BE ABLE WITH 18 TO MAINTAIN All FOUR STATIONS. KOLTAY: IF THE LEVEL DROPPED TO 16, WOULD THAT STILL 8E THE CASE? FRASER: YES. OLTAY: AND THE FEDERAL STATION WOULD REMAIN OPEN? FRASER : YES. THA AY : ROGER, 00£S THAT ... JUST TO R ITERAT A QUESTION THAT W 'V HAD 8 FORE, IS TH AVERAG FIR TRUC , T A RESCUE TRANSPORT VEHICLE, ALSO EQUIPP 0 WITH A CERTAIN NllUNT Of E RGE Y MEDICAL EQUIPMENT THAT COULD 8 U ED FOR A FIRST AID TYPE RESCU 7 f RA R: If HAT A : T P TICU AS WE NOT HAYING TH FIRST R SPONS OISPOS US NOT 001 7 I . • FRASER: • • • THE ONLY THING THAT WE WOULD NOT BE ABLE TO DO AT THAT POINT IS TRANSPORT. HATHAWAY: THAT WOULD STILL MEAN WE COULD PROVIDE THE FIRST WITHIN FOUR MINUTE RESPONSE FOR SAY A HEART ATTACK AND AN AUTO ACCIDENT WITH A FIRE TRUCK AS OPPOSED TO A TRANSPORT VEHICLE? FRASER: THAT'S CORRECT, AND I WOULD POINT OUT IN ADDITION TO THAT WE ARE PROVIDING ADDITIONAL TRAINING TO OUR UNIFORMED OFFICERS IN POLICE CARS SO THAT All OF OUR FOLKS IN UNIFORM SERVICES HAVE A MINIMUM LEVEL OF IMMEDIATE RESPONSE TRAINING TO DEAL WITH LIFE THREATENING SITUATIONS . VAN DYKE: JUST REMEMER THAT WITHOUT TRANSPORT THERE ARE SOME SITUATIONS THAT REQUIRE IMMEDIATE TRANSPORT IN A LIFE-SAVING SITUATION . HATHAWAY : PRECISELY . HABENICHT: I'M STILL HAVING DIFFICULTY UNDERSTANDING THIS BECAUSE WHAT I HAVE IS A 17 PERSON MINIMUM IN DECEMBER 1987 THAT HAD FOUR, HAD THREE PEOPLE AT TEJON, THREE PEOPLE AT FEDERAL, FIVE PEOPLE AND A BATTAL - ION CHIEF AT JEFFERSON, AND FIVE PEOPLE AT ACOMA, AND TWO RESCUE . NOW DID WE NOT TRANSPORT THEN , IS THAT THE DIFFERENCE? OR DID WE HAVE LESS EQUIPMENT THEN IN 1987, IN DECEMBER 1987? I DON'T ... FRASER: ALEX, I AM AT A LOSS HABENICHT: I 'M CONFUSED. FRASER: WITH THOSE COMPARISONS . I 'D BE GLAD TO GO OVER THEM WITH YOU IN SOME DETAIL WITH THE STAFF WHO WOULD HAVE THE NUMBERS , I DON'T HAVE THOSE NUMBERS . HABENICHT : I GUESS, I'M CONFUSED . BECAUSE I 'VE BEEN LOOKING AT THESE, BUT I GUESS I DON 'T UNDERSTAND . I WOULD APPRECIATE ... VAN DYKE : IT'S BEEN REORGANIZED SINCE THEN FOR WHATEVER THAT MEANS . CLAYTON : WELL, ALEX, I THINK THAT ASStlt£S THAT All 17 COME TO WORK THAT DAY. IT ASStlt£S THAT NO ONE IS ON VACATION, NO ONE IS Ill, NO ONE IS ON TRAINING, AND I THINK THAT IF II£ HAO 17 P£0PLE EVERY DAY, WE COULD PAOBA8LY 00 THAT TOO, BUT THE fACT IS THAT EVEN THOUCH WE HAVE 18, WE HAVE AN 18 PERSON MINIU MMNI RIGHT , BUT WE NEVER HAY 18 P£OPLE BECAUSE ON IS ON TRAINING, OR ON IS SIC , OR FOR WHATEVER REASON WE'R TO 15 OR 16 . SO UNDER THAT SCENERIO SOMETHING HAS TO CLOSE BECAUSE THER AR NOT 17 PEOPLE . SI MILARI LY WE DON 'T ALSO HAY All OF OUR 18 PEOPlE . HABENICHT : SO WE 'RE AT 18 PEOPL MAl1MUM? CLAYTON : 11£l l, YOU CAN WOAD IT HOW V R YOU CHOOSE . TH fACT IS THAT W HAY 18 PEOPl ON TH SHIFT AND 0 THO$ DON 'T ~E IT TO HA8 NICHT : AM) EN HAD 18 P£0Pl B£FOR , EN All TO DO Al TH S THJ 7 HAD OVERTJM , W I . • • • • CLAYTON: NO, WE SHUT SOME OF THAT DOWN. SOME OF THOSE WEREN'T THERE. WE SHUT DOWN RESCUE 23 OR OCCASIONALLY WE SHUT DOWN THE FEDERAL FIRE STATIOH . HABENICHT: THEY ... AND IS IT ... I JUST DON'T ... I JUST HAVEN 'T SEEN THAT MUCH CHANGE IN THE WAY THAT WE BEEN DOING THINGS EXCEPT FOR THE FACT THAT WE'VE EITHER CUT OVERTIME OR THREE PEOPLE. AND THE FACT THAT WE'RE DOWN TOO HAS MADE IT ALMOST IMPERATIVE TO CLOSE THE FEDERAL STATION, AND I GUESS THAT'S WHAT I 'D LIKE TO BE ABLE TO REMEDY . IS TO BRING US BACK TO THE STATUS QUO, BECAUSE WHEN WE MADE AT LEASE WHEN I WAS MAKING MY DECISION AT THE BUDGET HEARING, AT THE BUDGET RETREAT IN 19B9, SUPPORTING KEEPING TWO RESCUE UNITS OPERATING WITHOUT HARMING THE SERVICE, I CERTAINLY DIDN'T ANTICI - PATE NOR DID I UNDERSTAND THAT WOULD INCLUDE CLOSING DOWN THE FEDERAL STATION . I REALLY SUPPORTED GOING AHEAD WITH THAT IN VIEW THAT WE HAD THE FIRE SERVICE DELIVERY COMMITTEE AT WORK AND TRYING TO RESOLVE THIS SITUATIOH WHILE WE KEPT THE STATUS QUO. I THINK IT 'S UNFAIR TO THOSE PEOPLE TO NOT PROVIDE THAT LEVEL OF SERVICE TO ANY SECTOR OF THE COMMUNITY UNTIL WE'VE COME TO A RESOLUTION. AND THAT'S ALL I'M SAYING , AND THAT'S, YOU KNOW, IF THAT MEANS OVERTIME RIGHT NOW -I DON 'T -ARE THERE THOSE FEW FIREMEN AVAILABLE THAT THERE'S SUCH A OERTH OF FIREMEN IN THE AREA THAT WE HAVE TO WAIT UNTIL WE HAVE NEW ONES TRAINED? THERE ... CLAYTON: YOU KNOW, ALEX, TO GO BACK TO THE BUDGET HEARING, I RECALL THE DIS - CUSSION AND I RECALL NOTING TO YOU THAT IF WE KEPT THE RESCUE OPEN 95S OF THE TIME THAT INEVITABLY MEANT THAT WE WERE GOING TO HAVE TO SHUT SOMETHING ELSE DOWN AND THE NUMBER ONE ON THE LIST TO SHUT DOWN IS ALWAYS THE FEDERAL FIRE STATION BECAUSE THE CALL LOAD IS SO LOW. All) I'M NOT AT All SURPRISED THAT THAT HAPPENED, AND I DON'T THHIC lii)ST OF THE REST OF COUNCIL IS. IT'S S(IVHING WE TALKED ABOUT. HABENICHT: WELL, I HAVE MY NOTES HERE FROM THAT MEETING, AND ••• CLAYTON: I RECALL THAT SPECIFICALLY. BECAUSE I VOTED AGAINST kEEPING THAT RESCUE UP 95S OF THE TIME . VAN DYKE : OKAY, IN LIEU OF THE NOJNT OF TIM THIS IS TAKING, AND WE CONTINUE TO DISCUSS IT, AND WE WILL CONTINUE TO DISCUSS IT BECAUSE IT IS A VOLITLE All) IMPORTANT ISSUE. BUT IT SEEMS WE 'RE KINO OF AT A POINT OF IMPASSE AT THE MOMENT ... HAB NICHT : I 'D LIKE TO ~E A MOTION . VAN DYkE : OKAY, YOU 'RE ·MY NEXT STEP IS TO SUGGEST THAT YOU A MOT! • • 1 • I . • -• • • HATHAWAY: YOUR HONOR, I DON'T BELIEVE MY ORIGINAL SUGGESTION WAS TO KEEP BOTH RESCUE UNITS IN OPERATION. HABENICHT : THAT'S MY MOTION. ~Af-rDifL 1 .lt\ JHERE A SECOND TO ALEX'S MOTION? ~~~WE~L, I'LL SECOND IT TO GET IT ON THE TABLE. HABENICHT: THANK YOU. VAN DYKE: OKAY. IS THERE DISCUSSION ON THE MOTION? HATHAWAY: YOUR HONOR, I WOULD LIKE TO STATE OR AMEND THAT MOTION TO INCLUDE NOT HAVING BOTH RESCUE UNITS UP AND OPERATIONAL 95~ OF THE TIME. CLAYTON: SECOND . CLERK: NOT HAYING BOTH RESCUE UNITS ??? HATHAWAY: IN OTHER WORDS -LET 'S REPHRASE THAT. RESCUE Zl WILL BE OPERATION- AL 1001 OF THE TIME, RESCUE 23 WILL BE AS WE CAN KEEP IT STAFFED. IF WE CAN'T, IT IS A TRADE OFF FOR KEEPING THE FEDERAL FIRE STATION OPEN. VAN DYKE: SECONDED BY BILL CLAYTON, THE AMENDMENT . DISCUSSION ON THE AMENDMENT? I HAVE TO SAY THAT I 'M A UTILE SKEPTICAL TO --THIS IS A TOUGH ONE, TO GO ONE WAY OR THE OTHER, BECAUSE IT 'S REAllY NOT A ONE WAY OR THE OTHER ISSUE, BUT IF I WERE TO HAVE A CHOICE, I WOULD LEAN TO KEEPING RESCUES UP MD OPERATIONAL AT THE EXPENSE AT THE FEDERAl FIRE STATION AT THIS TIME UNTIL WE ARE FINISHING WITH THE STUDY OF THE ISSUE. HATHAWAY: JUST ADO TO THAT DISCUSSION -A STOOY OF THE STATISTICS, MD YOU 1001 LIKE I SAID THIS IS DOING IT BY STATISTICS, NOT BE GEOGRAPHY AGAIN, IS THAT EVEN THOUGH I 'VE SUPPORTED THE FACT THAT IF WE DO INOEED HAVE TO Na.ILMCES FOR TRANSPORT Afl> WE DO INOEED HAVE Al - READY PAID FOR THOSE, WE SHOULD BE USING THEM, 1 WOULD BE WILLI TO GO ALONG WITH NOT HAYING THE SECOND ONE UP FOR TH NEXT SIX WEEKS SO THAT WE CAN SEE EXACTLY WHAT STAFF! IT TAICES TO EEP THAT FED RA flRE STATION OPEN . MD TO f"f OUT £XACTLY T TH COSTS AR WITH THAT FIR STATION OP N AS OPPOSED TO E PJ TH RESCU IT OP N. IT DOES C TO AN EITHER OR CHOICE. BUT l WOO D SUPPORT EEPI , TH FACT THAT STATISTICS DON 'T EAR OUT THAT US lOTH Of THOS R SCUES SlllJ T EOUSLY VERY OfTEN IN TH CITY . I WOO 0 SUPPORT GOI AHEAD HAYING TH ON SHUT IF N c SSAA • Y OY : ANY FURTH R OISCU I ON TH • • • I . • • • UNTIL THIS TIME I THINK THE PEOPLE DESERVE THE LEVEL THAT THEY ARE ACCUSTOMED TO. WE'VE HAD SOME CHANGES IN OUR BUDGETING, THERE'S BEEN MONEY THAT WE WEREN'T EXPECTING TO HAVE AVAILABLE IN THE BUD - GET, WE CAN PROVIDE THIS. I'M TALKING PRIMARILY ABOUT THE ELECTION ISSUE THAT WE HAD BUDGETED HIGHER AMOUNTS OF SALARY INCREASES, SOME MONEY HAS COME AVAILABLE AND WE COULD USE IT FOR THIS. AND THAT'S WHY I WOULD SUPPORT KEEPING BOTH RESCUES AND KEEPING THE FEDERAL FIRE STATION OPEN THROUGH APRIL. CLAYTON: YOUR HONOR, IT CONSTANTLY AMAZES ME HOW WE SET STANDARDS FOR OUR STAFF IN TERMS OF RESPONSE TIMES AND WHAT WE EXPECT THEM TO DO AND THEN WE DON'T LET THEM DO IT. WE TELL THEM HOW TO DO IT. IF WE 'RE GOING TO DIRECT THEM TO KEEP THE FEDERAL FIRE STATION OPEN WE SHOULD AT LEAST LEAVE IT UP TO OUR FIRE PROFESSIONALS TO DETERMINE WHAT'S THE BEST WAY TO DO THAT AND HOW THEY CAN CONTINUE TO PROVIDE US SERVICE. WE SHOULD NOT DIRECT THEM TO KEEP ONE TRUCK OPEN , AN- OTHER TRUCK OPEN OR SOMETHING LIKE THAT. I'M OPPOSED TO ALEX 'S MOTION GENERALLY, BUT IF IT SHOULD PASS I WOULD CERTAINLY WANT TO ALLOW THE FIRE DEPARTMENT TO DETERMINE WHICH VEHICLE TO CLOSE DOWN AS THEY TRY TO FIND WAYS TO CONTINUE TO PROVIDE US THE BEST SERVICE WITH THEIR AVAILABLE RESOURCES. HATHAWAY: I JUST PROPOSED THE AMENDMENT TO ALLOW THE FIRE DEPARTMENT TO HAVE THAT LEEWAY TO DEAL WITH PRECISELY. VAN DYKE: OKAY, ANY DISCUSSION ON THE AMEIOtENT, SO WE DON 'T GET TOO STRAINED OUT HERE. WE 'VE BEEN INTO COUNCIL MEMBER'S COICE NOW FOR 45 MI - NUTES . THIS MAY NOT WORK IN THE FUTURE. BUT THE ISSUE'S IMPOR - TANT, DON'T GET ME WRONG. ANY FURTHER DISCUSSION ON RITA 'S AMENDMENT? HABENICHT : I THIIIt ..• JUST ONE MORE THING . IF WE 'RE TALKING IN TERMS OF A DIFFERENCE B£1VHN POLICY AND OINISTRATION WHETHER OR NOT WE 'RE NOW DOING SMTHING INCESTUOUS BY SUGGESTING THAT BOTH THE FIRE STATIOM, THAT FOUR FIRE STATIOMS REMIN OPEN AND THAT THEY, AND THAT BOTH RESCUES R£MJN OPERATIVE, I BELIEVE THAT IS A POLICY ISSUE, AND FINDING WAYS TO DO IT, I WOUlD SUGGEST THAT THERE IS MONEY AVAILABLE IN THE BUDGET. I HAD TALKED ABOUT WHAT I WAS GOI TO SUGGEST WITH MR . FRASER AHEAD Of Tl , AND HE HAS ASSURED M THAT IF I EYER GO BEYOII) THE lEVEl Of INTEAFERRING WITH TH AII'INISTRATIOM OR THE STAFF'S OINTRATIOM , H WOUlD TELL ME. THAT IS NOT MY INTENT. MY INTE T IS TO DIRECT TO CHANGE A PO ICY DECISJOM THAT W MAO • AT LEA T UNTIL TH Tl THAT THIS FIR SEAYIC 0£ IVERY COMMITI E, ICH I LUDES P OP E FOR ALL 0 E TH v 0 HAT A : CITY, CAN GI V US A C TJ S THAT ALL SUPPORT, CREATIV SOlUTIOMS THAT MI GHT 8 SO TOTALLY OIH R l THAT DON 'T EVEN WHAT TH Y lOOK ll • lET 'S GIY TH A t E. AND LET 'S NOT HAY ANYBOOY FEEL THAT TN Y AA 8 I l rT OUT I TH M ANT I • I'M DON • ANY URTH R DISCUSSION I . • • • • BETWEEN $1,200 -$1,300 A DAY IN OVERTIME COSTS . I HAVE TO BE ABLE TO JUSTIFY THAT TO THE RESIDENTS I REPRESENT, AND I THINK I CAN JUSTIFY THAT BY REQUESTING THAT WE SHUT DOWN THE OTHER RESCUE VEHICLE. VAN DYKE: ALL RIGHT, PLEASE VOTE ON RITA'S AMENDMENT. KOLTAY: CLERK: I'D REQUEST THAT THE AMENDMENT BE READ BY, PLEASE . OKAY, WE'LL GIVE THIS A TRY. COUNCIL MEMBER HATHAWAY MOVED TO AMEND THE ORIGINAL MOTION TO INCLUDE HAVING RESUCE NO. 21 UP AND OPERATIONAL 100% OF THE TIME, RESCUE NO . 23 AS WE CAN KEEP IT STAFFED FOR SIX WEEKS. HATHAWAY: I 'D LIKE TO CAll FOR THE QUESTION . CLERK: THAT WAS SATISFACTORY? THANK YOU. All VOTES HAVE BEEN CAST, YOUR HONOR. LET THE RECORD SHOW 4 AYES, 3 DAYS. COUNCil MEMBER KOLTAY, COUNCil MEMBER HABENICHT, AND MAYOR VAN DYKE VOTING NAY. VAN DYKE: THE AMENDMENT CARRIES. NOW WE 'RE BACK TO THE MOTION. WOULD YOU PLEASE READ THE MOTION WITH THE AMENDMENT, OR HOW IT CHANGES THE MOTION, OR WHATEVER. CLERK: SO THE MOTION DID CARRY. THE AMENDMENT DID CARRY, EXCUSE ME. AH, THIS MIGHT NOT BE SO EASY. LET ME READ IT FOR JUST A MOMENT. COUNCil MEMER HABENICHT MOVED, AND IT WAS AMENDED THAT WE WOULD SUPPORT AT lEAST THROUGH THE MONTH OF APRil THAT WE AUTHORIZE AND DIRECT STAFF TO PROVIDE A lEVEl OF FIRE SERVICE DELIVERY TO IN - CLUDE, NOW THIS IS WHERE WE 'VE CHANGED IT, THIS TO KEEPING All FIRE STATIONS OPEN AROUND THE CLOCK AND TO KEEP BOTH RESCUE UNITS OPEN AND OP£RATIIIIG, SO THAT'S WERE THE CHANGE IS, SO THERE WOULD BE ONE FIRE STATION OPEN AND OPERATIIIIG •.• HATHAWAY: NO, All FOUR FIRE STATIONS OPEN ••• CLERIC: EXCUSE , ONE RESCUE UNIT OPEN AND OPERATIIIIG, All) THAT WOULD BE RESCUE UNIT Zl, AND THAT 23 WOULD BE OPEN AND OPERATING AS POSSIBLE . V D OkAY, THAT 'S TH MOTION AS IT 'S BEEN D. DISCUSS! ? FRASER. IS THER ANY COST IMPLICATIONS WITH THAT SCEN RIO ? FRASER : MYOR , I 'M SUR THERE WILL B • I DON 'T T TH Y ARE. WOU D HAVE TO REVIEW THIS WITH STAFF AND SEE WHAT TH IMPLICATIONS AR BASED ON WHO W KNOW IS CURRENTLY AVAILABLE AND WHAT OUR PRO · JECTION AR OV R THAT PERIOO Of Tl • AS I MENTIONED TO YOU A COU · PlE Of £k.S NiiJ WITH REALIZATION THAT THE FIRE AC Y THAT WA S P£1111 , IT WAS GOJ TO B DIFFICULT IF NOT IMPOSSIBLE TO G T ANY · ON INTO, 1 HAY AUTHORIZED TH FIR DEPARTMENT TO 00 OV RTIM IN LJ U OF P RMNENT SALARY AS N CESSARY TO KEEP WHAT R GARO AS TH MINIMUM N CESSARY f liONS OP RATI WITHIN THAT D PARTMENT TO MINTAIN THO$ RVlC THAT II HAY 0 CR18EO FOR YOU . THAT HA • 10 • • I . • • • NOT INCLUDED KEEPING THE FEDERAL FIRE STATION OPEN TODAY, BECAUSE WE FELT WE HAD ALTERNATES THAT PROVIDED PROTECTION TO THOSE PEOPLE IN THE CENTENNIAL AREA AND OTHER PARTS OF THE CITY THAT MIGHT OTHERWISE BE SERVICED BY THE FEDERAL STATION . WHAT THIS MEANS HOWEVER IS THAT WE ARE GOING TO, IF THIS IS PASSED , HAVE TO PAY OVERTIME IN ORDER TO KEEP THAT FACILITY MANNED. AH , AND EXACTLY WHAT THE BEST WAY TO DO THAT IS I DON'T KNOW YET . SO I WOULD WANT TO LOOK AT THAT. I WOULD ALSO URGE YOU TO NOT HAVE IN YOUR RESOLU - TION A DESIGNATION OF RESCUE 21 OR 23. I DON 'T KNOW WHAT THE CUR - RENT NUMBER CONFIGURATION IS WITH THE NEW VEHICLE THAT WE 'VE JUST RECENTLY ACQUIRED, AND SO WHAT I WOULD PREFER IS THAT YOU SAY IN YOUR RESOLUTION, ONE RESCUE VEHICLE 1001 OF THE TIME IF THAT 'S YOUR DESIRE. CLAYTON: I THINK THAT WAS THE INTENT. HATHAWAY : IT WAS THE INTENT . I WOULD JUST TRYING TO DIFFERENTIATE BETWEEN THE TWO BECAUSE WE 'D ALWAYS BASED THE DISCUSSION ON HAVING RESCUE 23 WHICH IS THE DESIGNATION AT THE TIME UP 95~ IN ADDITION TO HAVING THE OTHER RESCUE AT THE TIME 1~. VAN DYKE : HOW CAN WE ADDRESS THAT CONCERN? FRIENDLY AMENDMENT WAY? DE WITT: FRA SE R: I WOULD MOVE TO AMEND THE MOTION TO DEL ETE THE REFERENCE TO TH E RESCUE UNIT . AT LEAST THE NUMBERS TO THE RESCUE UNITS . HATHAWA Y: YOUR HONOR, I WOULD LIKE TO MAKE A MOTION TO DELETE THE REF ERENCE TO THE RESCUE UNIT NUMBERS IN THE PREVIOUS AMENDMENT . CLAYTON : SECOND . VAN DYK E: SECONDED BY MR . CLAYTON . PLEASE VOTE . HABE NI CHT: THIS IS TH E AMENDMEN T? HATHAWAY: JUST TO TAK E TH E NUMBERS OUT Of TH ERE. CLERK: All VOTES HAVE BEEN CAST YOUR HONOR . LET THE RECORD SHOW 7 AYES. FRAS : MAYOR, TO FURTHER RESPOIIJ TO YOUR QUESTION, I WOULD SUGGEST THAT GI VEN THOS P T(RS, TH COST PER OAV LO PR08A8 Y NOT BE IN TH MAXI FIGUR S THAT I TAL KED AIOUT, A THOUGHT I LO MTICI · PATE THAT I MOST OAV WOUlD R QUIREO TO PAY OV RTJM AND Tt4Al Tt4AT R LO RANGE FROM AN R F $300 TO U,OOO A DAY, 0 PE I ON STAFfl .. VAN OY : YOU. HAT AY : ROGER, IS THAT IAS£0 011 TH FACT ntAT THAT' lAS 0 ON TH F T THAT HAY fE0£1tAl FIR STATION, IUl lS ntAT T ALSO Tt4AT OV£RTI Tl IAS£0 TH£ fACT THAT AR I 0 1 f JIOSITI , RIGHT 1 IM OAD R TO £EP U TO A MINI -ll . I . • FRASER: • • • 18, WE ARE INDEED SHORT TWO POSITIONS IN THE BUDGET NOW AND WE HAVE AUTHORIZED SOME OVERTIME TO COVER THOSE TWO VACANCIES AS WELL? COUNCIL MEMBER HATHAWAY, I FIND IT DIFFICULT TO GIVE YOU MUCH SPECIFICITY AT THIS POINT, BECAUSE ALL OF THE ANALYSES WE'VE DONE TO DATE HAS BEEN DONE ON THE PRESUMPTION THAT WE WOULD KEEP BOTH RESCUE OPERATIONS FUNCTIONAL, AND I FIND IT IMPOSSIBLE TO MAKE ES - TIMATES IN MY HEAD. WITH ALL OF THE POSSIBLE CONFIGURATIONS OF STAFFING THAT ARE POSSIBLE UNDER THIS NEW SCENERIO , I FIND IT DIF - FICULT TO MAKE THAT ESTIMATE. BUT BETWEEN NOW AND THE TIME WE MEET NEXT WEEK WE WILL CERTIANLY DO SOME ANALYSIS AND BEGIN THE PROCESS OF COMPLYING WITH THIS IF YOU CHOSE. HATHAWAY: THANK YOU. CLAYTON: YOUR HONOR, WOULD URGE DEFEAT OF ALEX'S MOTION. WE ALL KNOW THAT ENGLEWOOD'S EMERGENCY SERVICES HAVE BEEN DEVELOPED OVER THE YEARS IN A HAPHAZAROOUS FASHION . WE HAVE NO FIRE STATIONS EAST OF BROAD - WAY, WE HAVE A MINI PUMPER TRUCK THAT IS WEARING OUT FROM LACK OF USE, AH , WE HAD A SNORKEL TRUCK THAT I DON'T THINK EVER SAW A HIGH RISE FIRE FOR WHICH IT WAS DESIGNED . WE DON 'T HAVE A VERY GOOD, A VERY ORGANIZED EMERGENCY SERVICE SITUATION RIGHT AT THIS MOMENT . AH, IT'S OBVIOUS THAT A COMPREHENSIVE STUDY FOR EMERGENCY SERVICES IS NEEDED, AND CHANGES THAT MUST BE MADE THAT SERVE US ALL . AND THE REALITY, FACT, AND DEEP PROFESSIONAL ADVISE MUST BE THE BASIS FOR CHANGES, NOT FEAR, IGNORANCE AND INACCURATE PERCEPTIONS . WE MUST BEGIN USING GOOD JUDGEMENT TO REWARD THE FAITH OF THE SILENT MAJORITY OF OUR CITIZENS WHO DEPEJI) ON US TO SPEND THEIR MONEY WISELY . AND IN SUCH A WAY , THAT ALL OF US, REPEAT ALL OF US , BENE - FIT. I BELIEVE THIS MOTION IS NOT BASED ON NEED, FACT OR REALITY, BUT IS BASED, IN FACT IT BLATENTLY IGNORES FACT AND REALITY AND FOCUSES ON FEAR . I WOULD URGE THAT WE DEFEAT IT . VAN DYKE : ANYONE ELSE? HABENICHT : I APOLO · . l . I . • • •' • IN THE CITY UNTIL SUCH TIME AS THE FIRE SERVICE DELIVERY COMMITTEE, WHICH IS REPRESENTATIVE OF THE ENTIRE Cott4UNITY , TWO PEOPLE FROM EACH DISTRICT WITH AN ADDITIONAL PERSON IN DISTRICT IV TO REPRESENT THE CENTENNIAL AREA WHERE THE FEDERAL FIRE STATION IS , YOU KNOW. I THINK THIS IS A NOBEL THING AND UNTIL , SO THAT THE PEOPLE IN THE COMMUNITY CAN FEEL COMFORTABLE, UNTIL SOMETHING ELSE EMERGES, THAT'S All I 'M TRYING TO DO. TO CUT IN HALF AGAIN , I DON 'T KNOW THAT THIS MOTION OR ANYTHING IS SERVING A PURPOSE. I JUST THINK THAT All THE THINGS THAT ARE TRUE , THAT YOU ARE PURPORTING TO BE TRUE, WILL BE TRUE, IT WILL BE SHOWN AND WE 'll HAVE SUCH FANTASTIC FIRE SERVICE THAT PEOPLE WILL BE CALLING AND SHOUTING TO US , PLEASE, GIVE US LESS FIRE SERVICE , IF THAT 'S THE CASE. IF THAT 'S LOGICAL TO ME. HATHAWAY : I HAVE A QUESTION . ARE YOU WITHDRAWING THE MOTION THEN? HA BENI CHT: NO . HATHAWAY : OKAY , I WAS JUST CURIOUS . VAN DY KE: ANY OTHER DIS CUSSION ? KOLTAY : . I . I . - • • • • FLOOR, OR THE MOTION THAT'S ON THE FLOOR, I JUST WANT US TO REALLY LOOK AT HOW WE'RE FIGHTING FIRES FROM HERE. VAN DYKE : ANY FURTHER DISCUSSION ON THE MOTION? PLEASE VOTE. CLERK: All VOTES HAVE BEEN CAST, YOUR HONOR. LET THE RECORD SHOW FOUR AYES, THREE NAYS. THOSE VOTING NAY: COUNCIL MEMBER KOLTAY, COUN- CIL MEMBER CLAYTON, Nl> MAYOR VAN DYKE. VAN DYKE: MOTION CARRIES. • 14 • I . • • • • EXCERPTED VERBATIM -AGENDA ITEM SA, COUNCIL MEETING FEBRUARY 20, 1990 WAECHTER: MAYOR VAN DYKE, MEMBERS OF COUNCIL, MR. FRASER AND MR . DEWITT, WEST OF SANTA FE IN AROUND THE AREA OF FEDERAL AND UNION, IS --------, SEVERAL BUSINESSES OF VARIOUS SIZES AND A QUITE BUSY SHOPPING CEN- TER. THE PEOPLE IN THESE HOMES AND BUSINESS WERE APPROACHED IN THE EARLY 60S AND ASKED TO ANNEX THE AREA TO THE CITY OF ENGLEWOOD. AND MANY GLOWING PROMISES OF CITY SERVICES AND ADVANTAGES WERE MADE BY THE OFFICIALS. SOME SIGNED BY THE THEN CITY MANAGER MR . RUDD AND THE MAYOR JOHN KREILING. THE CITY OF ENGLEWOOD TODAY COLLECTS ITS SHARE OF PROPERTY TAXES, SALES TAXES, AUTO USE TAXES, FINES AND OTHER APPROPRIATE REVENUES FROM THIS AREA. IN FACT, PRIOR TO LAST FALLS ELECTION, I SEEM TO REMEMBER MR. FRASER STATING THAT THE AREA CALLED CENTENNIAL ACRES PRODUCED AN UNUSUALLY LARGE PORTION OF THE CITY'S REVENUE. IT APPEARS TO ME HOWEVER THAT EVEN THE CALLING OF A TOWN MEETING EXCLUDES THAT DORTION OF THE CITY. NO ATTEMPT WAS MADE BY ENGLEWOOD TO INFORM CENTENNIAL ACRES OF THE TOWN MEETING ON FEBRUARY 6, 1990, EVEN AFTER THE WRONG DATE FOR THIS MEETING AP - PEARED IN THE CENTEN ... , SENTINEL NEWSPAPER. NOR OF A MEETING LAST FALL AT SINCLAIR JUNIOR HIGH WHEN MANY LARGE WOODEN SIGNS ANNOUNC - ING THE MEETING WERE PLACED IN THE AREA OF OXFORD AND SOUTH, BUT NOTHING WEST OF THE RIVER. I AM TOLD THAT SIGNS ANNOUNCING THE FEBRUARY 6TH TOWN MEETING WERE LOCATED MANY PLACES IN ENGLEWOOD AND THAT SEVERAL THOUSANT FlYERS WERE HAJI)ED OUT IN THE SCHOOLS. l FIND IT APPALLING THAT TO MY KNOWLEDGE NOT ONE OF THESE SIGNS OR FLYERS, PAID FOR BY TAXES, APPEARED WEST OF SANTA FE IN THE FORGOT- TEN EXCEPT DURING TAX COLLECTION TIME PART OF ENGLEWOOD . l WOULD LIKE TO HAVE THIS AIJIIINISTRATION TO RECONSIDER ITS POLICIES AND INCLUDE All THE CITIZENS IN THE NEXT SUCH UNDERTAKING. Cl AYT ONE OTHER MORE THING THAT I SPENT A LITTLE TIME ON THE TELEPHONE THIS AFTERIIOON, AH, SEEMS TO CM FO SM OF THE PEOPLE IN THE CITY WHO LIKE TO TALK ABOUT STATISTICS AND PER CAPITA STATISTICS IN PARTICULAR. SOME PLACE LATER TODAY , OR ON TON IGHT'S ACEfClA WE'RE GOING TO BE DISCUSSING THE INCREASE 1111 SALARIES FOR OUR CITY MAN - ACER. IT SEEMS A LITTLE BIT CURIOUS TO THAT PltOBABlY THE SMAl - lEST OF THE CITIES ALSO HAVE THE LARGEST PER CAPITA COSTS FOR CITY MMAGER 'S SALARIES. THIS IS Olli E Of THE THINGS THAT COMES UP WHETHER IT'S FIR£ PROTECTION OR AIIIYTHING ElSE, THAT THE SMAlLEST CITIES HAVE THE LARGER PER CAPITA COSTS . I 'D LIKE TO GO OVER ABOUT THREE OR FOUR Of THEM, IF I MA Y: ARVADA, WHICH HAS A POPULATION OF APPROXIMATELY 93,000, THERE COST PER CAPITA FOR CITY MMAGER 'S WAGES JS S.IS ; THORNTON WHICH HAS APPROXIMATElY 60,000 PAYS Sl.25 ; LITTlETON WHICH HAS A PER CAPITA OR A POPU TAllON Of 32 ,619 PAYS S2 .05 : ENGLEWOOD WITH TH PRESENT SALARY OF S71,400 PAY S SZ .lO PER CAPITA FOR CITY MMAGER SALARY , AND AURORA , • FRA ER 'S CITY, HAS A SliDING SCAl FROM S74,64Z, TO S104 ,498 , V AT TH HIGHEST SCALE, THEIR PER CAPITA FOR CITY MMAGER IS S.65 . THANK YOU . YOUR HONOR, • WAECHTER, DID YOU A SEWER PLANT? SO TH Y DON 'T HAV TH JR SEW R PLANT . CHT R: II HAV PART Of TH IR S R P T H • 15 • I . • • • • CLAYTON: WE HAVE THEIR SEWER PLANT, WE OPERATE THEIR SEWER PLANT. WAECHTER: I KNOW THAT. CLAYTON: AND OUR MANAGEMENT MANAGES THEIR SEVER PLANT, SO THEIR MANAGER DOESit'T NEED TO DO THAT. DID YOU KNOW THAT LITTLETON DOESN'T HAVE A PARKS AND RECR DEPARTMENT. WAECHTER: THAT'S RIGHT, IT'S SOUTH SUBURBAN. CLAYTON: SO AS, ITS, UNFORUNATELY ENGLEWOOD HAS SERVICES THAT SOME OF THESE OTHER CITIES DON'T HAVE. WAECHTER: DO ALL THE REST OF THESE CITIES ALSO ELIMINATE THEIR SEWER SERVICES AND THEIR PARKS AND RECREATION? CLAYTON: I'M MOT SURE. I KNOW THAT IN THE CASE OF LITILETON, WHICH SEEMS TO BE A CLOSE COMPARISON, WE HAVE A LOT MORE SERVICES. IN FACT OUR SEVER PLANT SERVES AN AREA THAT WILL BE POPULATED ABOUT 200,000 PEOPLE AND UNFORUNATELY .•• WAECHTER: WHICH A LOT OF THEM ARE NEITHER IN ENGLEWOOD OR LITILETON. CLAYTON: THAT'S TRUE, AND IT REQUIRES A UTILE MORE MANAGEMENT THAN UTILE - TON MIGHT NEED. VAN DYKE : '*-YOU, KEN . .. , . I . . • • • EXCERPTED VERBATIM -AGENDA ITEM 6B(1x) -COUNCIL MEETING FEBRUARY 20, 1990 KOLTAY: I HAVE ONE OTHER ITEM. TONIGHT IT SEEMED LIKE ON THE ISSUE ON THE FIRE STATION THAT ALL OF US SEEMED TO HAVE VARYING OPINIONS. I'D JUST LIKE TO STATE AGAIN THAT THE CITY MANAGER AND THE PAST FIRE CHIEF, THE CURRENT DIRECTOR OF SAFETY SERVICES, ALL SEEMED TO FOL - LOW A PROCEDURE WHEN MANNING LEVELS DROPPED IN THE FIRE DEPARTMENT FOR ANY REASON. IT SEEMED THAT THE FIRST METHOD WAS SHUT DOWN A RESCUE, SECOND METHOD WAS SHUT DOWN A SECOND RESCUE, THIRD METHOD WAS SHUT DOWN THE TRUCK, THE STATION, LASTLY AUTHORIZE OVERTIME AS IT WAS NEEDED. AND I REALLY FEEL TO MAKE ALL PEOPLE COMFORTABLE IN THE CENTENNIAL AREA, TO HELP COUNCIL BECOME MORE COMFORTABLE, THAT WE SHOULD ALLOW THIS PROCEDURE TO BE READOPTED AND REAliUNISTERED BY CITY MANAGER, THE DIRECTOR OF SAFETY SERVICES, AND WITH COUN- CIL'S INDULGENCE, I WOULD MOVE THAT WE ALLOW THE CITY MANAGER TO REINSTATE THE PRACTICE WHEN NECESSARY AND REPORT TO US AS A COUN- CIL WHEN HE HAS TO TAKE THOSE STEPS. AND IN THE MEANTIME THAT THE STATIONS BECCitE OPERATIONAL. AND I WOULD ASK THAT THAT BE DONE. BULLOCK: YOUR taat, AOCiER, RESPECTFULLY, WHY DON'T WE LET THE PEOPLE DO WHAT THEY WANT TO DO. WHY DON'T WE LET THEM MANAGE? KOLTAY: AT THIS POINT, fit. BULLOCK, W£ ARE STILL TELLING THEM TO RUN THOSE R£SC ... 011£ RESCUE 1001 Of THE TIME. I 'M SAYING COUNCIL IS STlll MEDDlllli IM THE OP£RATION Of FIRES, HOUSE MD FIRE BUILDIN&S AND WE 'RE JUST TRYINii TO TELL 1'H£M TO RUM EQUIMMT THAT THEY MAY NOT IE AilE TO RUM . BULLOCK: IUT WITH All RESPECT, YOUR PWOitSAl WOUlD SEEM TO lfiHCATE THAT VE MEDDlE a£. ICOLTAY: MY MEDOI.llli IS -CO lACK All) lET THER U IT AS THEY US£0 TO BEFORE WE STEPPED IN . All) I REALLY WOULD ENTERTAIN SOMEONE ' S SECOND TO ;ET THOSE PAOC£0URES IACl IN PlACE. VM DYKE: IS THERE A SECC.? ICOLTAY : THERE IS _, SECC. YOUR tOilR . 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