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HomeMy WebLinkAbout1993-10-04 (Regular) Meeting MinutesI I ENGLEWOOD CITY COUNCIL ENGLZ:WOOD, ARAPAHOE COUNTY, COLORADO Regular Susion Oclober 4, I 993 C11ll 10 Order The regular meeting of1he Englewood City Co uncil was ca ll ed 10 order by Mayor Wiggin s al 7 33 p.111 . 2 ln\'ocation The invo cati o n wa given by Co uncil Membe r Bull ock . l'lrllgr of Allegianrr Thr Pl edge of Allegiance • ·as led by Mayor Wiggin s. 4 Roll Call Prese nt : Co un cil Members Hath away, Saunder s. Gulley , Bull oc k. Habeni cht . \Vaggoncr , \Viggin s ·\ qu orum ,va s prese nt Al so present. Ae ling City Manager Haye s City Anomey DeWin Assis tant Ci ty Manager Re id Ass is1an 1 City Mana ge r Wedding-Scan Cit y Cle rk Crow Direct or 1erkel , Depanmenl ofCormnuni1y De velopmenl Director Banhl ome, Depanmenl of Ad mini strative Servi ces Direc tor Fonda . Depanment of Utiliti es /\lir111u·s (a) COUNC IL MEMBER BULLOC K MOVED, AND IT WAS SECONDED TO ,\l'l'IWVE TIIE MINUTES OF TIIE REGULAR MEETING OF SEPTEMBER 20, 1993. Ayes Council Members Bull oc k. Saunders . Hathawa y. Habeni cht . Waggo ner , Gull ey, Wiggin s 'ays No ne ~ fn1inn carried c, Pn•-sc hr1lt1h•1 I \lisilnr s Englewood Cily Council O<tobrr 4, 1993 I'•~· 2 The re were no pr e-schedul ed visi tors . 7 Non-s<hcduled Visiton There we re no non-sr.heduled visi tors. Communirntions, Proclamations, and Appointments (a) CO UNC IL MEMBER GULLEY MOVED, AND IT WAS SECONDED , TO l>EC LARE TIIE MONTH OF OCTOBER AS "CRIME PREVENTION MONTH " IN TIIE C ITY OF ENGLEWOOD. Ayes : Nay s· \l n1io 11 carried . Counci l Members Bull oc k. Saund ers. Hath away , Habenicht . Waggo ner. Gull ey . Wi ggi ns None (h) CO UNCIL MEMBER IIABENICHT MOVED, AND IT W AS SECONDED, T O II EC L A RE TII E WEEK OF OCTOBER 3 THROUGII 9, 1993 AS "FIRE l'IU :V t:NTION W EF:K" IN TIIE C ITY OF ENGLEWOOD. Ayes : Co uncil Mem bers Bull oc k. Saund ers. Hath away . Habe nic ht . Waggoner. Gull ey , Wiggin s Nays : No ne Molicm carried . (c) CO UNC IL MEMBER HATHAWAY MOV ED , AND IT WAS SECONDED, TO IIECLARE TIIE WEEK OF OCTOBER 23 THROUGH 31, 1993 AS "RED RIBBON \I EEK " IN TII E C ITY OF ENGLEWOOD. Ayes : Co unci l Memb ers Bull oc k, Sa unders , Hath aw ay. Habe ni cht . Waggone r. Gull ey. Wiggi ns Nays · None \lotion carried . 1ayo r Wigg in s explai ned th e purpose of th is proc lamati on is to co mm it to have a dnig free society. Sig ned procla matio ns we re prese nt ed to Mari e Dyme k. Pu blic Edu ca ti on Spec iali st, De panm eni l1 f S:1I C1y Se rvices/F ire Di vis ion. •1 l'uhlir. Hearing lo gather citizen input on the South Suburban Park and Rerreation ll ist ril"t's plans to 1lrvclop a re gion a l park al Belle view and Windermere. CO UNC IL MEMBER B LLOCK I\IOVED, AND IT WA S SECONDED, TO OPEN TIIE PUBLI C II EARING. Ayes : Co un cil Me mb ers Bullock . Sa un ders . Hath away. Habe ni ch t, Waggo ner, Gull ey, Wiggi ns Nays . None I I I I f.11glewood City Coundl October 4, 1993 Pago3 Mo1io11 carried and the pu lie hearing opened . Acti ng Ci ty Manager Hayes stated that thi s is a qua si-j udicial hearing, and she set the procedure 10 be fo ll owed. All te stimon y was give n under oat h. Director Merkel introduced evi dence that notice of the publi c heari ng was publi shed in the Sep temb er 9. 1993. issue of the Englewood Herald . He pro vided evide nce of th e posting of1he propeny which also gave notice of the public hearin g. He entered into the record three letter s whic h were received in sup pon of the Plann ed Deve lopment. one from Cit y Manager McMinim ee ofLi11lc1 on . o ne from Mayor Th ornton ofLillleton, and ajoint le11e r from Ci ty Manager Coward and Co un ci l Member Jul and er of Cherry Hills Village . Mr. Merkel provided background informa tion re lative 10 Sou th Suburban's appl ica tion for the Plann ed Develop ment , stalin g the Plannin g and Zo nin g Co mmi ss ion. after hea ring the mailer publicly, had vo ted 10 recommen<l ap proval of 1h e applicat ion with th ree co nd iti ons as fo ll ows : I. There sha ll be guarant eed panicipalion between the City of Englewood and South Suburba n Par k and Recreat ion Distrip on shared co nstru cti on costs for th e in stall ati on of i 24" water li ne on Sou th Windenn ere Stree t and Wes t Belleview Avenu e . 2 The re sha ll he agreem ent wi th th e Publi c Works De panment on the traffic impact is sues 3. The number of so ftball fi elds on the former South Dri ve-in site shall be limited 10 no more than th ree. and the area de sign ated on the plan s as temporary parking shall become perman ent park ing. I-Ir. Merk el cl arified wi th rega rd 10 the thi rd condi tion . a fo unh field is planned in the are a des ignated as tempo rary park ing. bul until additional parking is secu red. th e Co mmi ss ion ha s ck1cr min ed th at the plan be limit ed 10 three ball fields . Mr . Merk el ind ica ted th at the fir st tw o cn ndi 1io ns had been reso lved 10 the sa ti sfacti on of the Depanme~l s of Utili tie s and Publi c Work s . . Jim Ry:111 . rep rese ming th e South Sub11rban Board or Directors . provided basic in for mati on co ncerning the app lica tion . He staled th at th e prope n y. co nstitu ting approxi mately 66 acres, had hc ,·n acquired in 1990 with the int ent io n of crea tin g a reg ional park . fundin g fo r whic h wa s ap pro ved by th e vo ters in 1990 by th e issuance of bo nds . He exp lai ned 1ha1 durin g th e mast er plan nin g process. So uth Sub urba n beca me exci ted about th e potentia l of th e deve lopm ent in conj un cti on ,vith exis tt,Jg Progress Park and Bell eview Park whi ch co uld ultimately beco me a major 14 0 ac re park fac ilit y 10 serve not onl y th e res idents of South Suburb an but the ci ti ze ns of Eng lewood . He went on 10 exp lain I hat ,he Board of Sou th Suburba n is pai nfull y awa re of th e need for addi ti onal athletic fields. whi ch cons 1i1u1, a major ponion of the additi onal develo pm ent heing pl anned . He provi ded data conce rn ing the ne ed for additi onal fie ld s for both yo uth s and adults in all ty pe s of fie ld spons whi ch he claimed are enj oye d by Englewood reside nt s as we ll as residen ts loca ted in Li11le1on and So uth Subu rb an. He co ncluded by statin g that Ph ase I of th e Englrwood City Council Ortohtr 4, I 993 P•g• 4 proposed plan includes 1hree ligh1ed softball fields and five multi-purpose grass fields . He indica1cd 1ha1 Bill Woodcock, Soulh Suburban Manager of Planning and Conslruction would provide more de1ails on lhe planning process . Mr . Rya n answered queslions concerning Soulh Suburban's fu1ure participa1ion in 1hc Fourth of Jul y fircwnrks program : the property al Holly and Dry Creek which no longer is available for use by 1hc Di s1ric1 ; and 1h e number of Englewood residenls who parti cipale in Sou1h Suburban programs . Ann f'rnscr. reprcsenii ng Cherry Creek Soccer Association , 7475 Easl Arapahoe Ro ad. offered her opinions aboul 1he exire me need for more playing fields . JrfT Fields, 5940 Soulh Gaylord Way, Li11le1on. represenling 1he P•nthen Football and ll:osrhall Club. a11es1ed 10 1h e need for addi1iona l fields in lhe general area . He s1a 1ed 1ha1 !here arc np proxima1el y 1.500 you1h in 1heir foo1ball prngram and approxima lely 3.000 in lhe baseball progra m. man y of whom are residenls of Englewood . llill Woodcock. Manager of Plann ing and Cons1ruc1ion for South Suburban Park and Rrrrraiion . in1rodu ced Brian Muller . Projecl Manager of1his projecl. Messrs . Woodcock and ~tull cr presented a slide show . which provided in detail the benefits of parks and recreation . The sli de show also provided visual history of the planned regional park and 1he process used for ·on uuunity invol ,emenl in th e developmen t of th e ma ster plan . Mr Woo dcock sta ted thal Sou1h Suburban is seeki ng approval of Phase I of th e Regional Park Maswr Plan . which includes 16.5 acres (former South Drive-in property) and 50 acres (former litirgrounds property). He explained 1hat Ph_ase I includes three li ghted ball fields. temporary parking and per11'1nen1 parking. a minia ture golf facility, baning cage facility , and live soccer fields He reitera1ed 1he need for pla yi ng fields for both youth and adults , as well as additional recrcaiio nal opportunities which would be provided by the proposed regional park . He mentioned 1h,· irail system as 1hat system will rela1e and connect wi1h the A-apahoe Greenway. Big Dry Creek. and Highl ine Canal : 1he playground s and Olher proposed faci lities. all of which will be handicapped accessib le. He explained fu1ure proposed development whi ch includes cultural and ans focili1ics. add iti ona l sheher s. wild0ower nature areas . and we1 land s. He concluded his prcscn1a1ion by expressin~ the importance of Progress Park and Belleview Park to the proposed re gio nal park . and he offered 10 answer specific que stions concerning 1hc Planned Developmenl. I In re spon se 10 specific questions. Mr . Woodcock slated the regional park ,co nsists of66.5 acres : that Eng le woo d. wit h Liule ton as a back-up. would be re spo nsibl e for police patrol : and that the I park wnu ld be subject 10 Englewood 's ordinances relating to alcoholic beverages . With re gard 10 wa ter service. he responded that Soulh Suburban engineers ha ve 1horoughly s1udied the water needs . and he exp lain ed how the exis1ing 6" wa ter lin e will suffice until future expansion is proposed . He added that irrigation of 1he playing fi eld s will be provided by water recaptured flil m •he So uth Suburban Golf Course and stored in ponds to be dug within Progress Park . He ti,rthcr offered 1ha1 an additional 20 to 40 acre feet will be considered by th e Waler Cou rt on Nmcmhcr 2. 1993 Wi•h regard 101he minia1ure go lf cou rse . Mr . Wood cock emp hasized that he I I En1ltwood Cily Council Orloher ~. 1993 l'agr ~ t unaware of any negative comments e.,presseJ by citizens concerning its inclusion . He stressed 1!,a 1 th e mi nia ture go lf cou rse and th e ba ttin g cages are to be run by pri vat e concessionaires under le:1se A1 thi s point, Mr . Woodcoc k, referring to a previous qu es tion from City Council, confirmed that So uth Sub urb an Parks and Recreation Di stri.:t intends to co ntinue as a co-s ponso r for the Founh of July Firework s Program . Mr. Woodcock, responding to a question posed by the Acting Ci ty Manager , confirmed , should South Su'>urban 's current plan s for water service pro ve un success ful and if it bcr..o mes nec essary to seek Englewood's assis tan ce, th at South Suburban is willing to dedic ate 1wo 30' easemen ts, one along the wes t sid e of Windermere and one alo ng the nonh si de of lk ll evi ew. Mr . Woodcock offered additional information concerning the miniature golf course •nd 1he planning process to include it in the ma ster pl an . He pro vided copies to Council of th e His tory of the Plann ing Process/Regional Park Site and requested that one copy be entered into 1hc reco rd of th e public heari ng. He assured Council th at the quantit y of water running throu gh Belleview Park wou ld be maint ai ned and offered that the qualit y of wat er should be improved due 10 1he proposed we tlands in Pro gress Park . Back to the subj ect of the nini~ture go lf cou rse. Mr. \ oodcock offered that i1 s inclusion. along with the batting cages, was probabl y pr ec ipitat ed as a nec,kd revenue strea m due to th e passage of Amendment I (TABOR Amendm ent ). ~Ir Woodc oc k responded to qu estion s co nce rnin g 1he natur e area and how 1he dev elopment of th e pla ying fie ld s may impac t !h at area of Bell eview Park. Based on environmen tal studies condu cted by South Suburba n, he assu red Co un cil th at ther e shou ld not be negative impac ts c·,pc1:cnccd . Fuwrc plans wit h regard to pa ving im pro ve ment s to Hickory and Pren tice Streets were di scu ssed . Co un cil was assured that Belleview will remain fenced as a safe ty n,easure , requiring pedestrian s 10 cxi1 at Windermere for cro ssing Belleview Avenue . Ingress anJ egress to the regio nal park \\NC di scussed . Re spondin g 10 questi ons pos ed by City Auorney DeWiu regardi ng wate r service , Mr . Wood cock s1a1ed 1hat adjudicated wa1e r rig hts for irrigation purposes will be detennined by th e Water Coun on Novemb er 2. 199 3: th a1 sufticient water service exis ts for fir e protection : and th at th e Ci t · of Er:g lewoo d is not rec1uiring th e in stallat ion of an 8" wate r main in ord er to co mpl ete the I ping si nce South Suburb an is not reque sting wa ter service fr om Englew ood . With rega rd 10 th e iss ue nf meet , curb and guu er impro vements. Mr. Woodcock staled th at ag ree ment ha s been reached th al !here wi ll be in stall ation of th ose improvement s over th e next ten years. M ay or Wi gg ins in vi ted othe rs fro m 1hc audienc e to come forwa rd. C:1 1h y 11:,rt . 644 8 So u1h Heritage Pl ace West , Pr esiden t of Dry Creek Lillie Lea gue . concurred wi 1h pre vious statement s co ncerning the need fo r addi ti ona l playing fields . ll ow :,nl Shawrross . 3129 Eas1 Ca ley Avenue, staled he wa s wi th th e Li nl eton Socc er i\ss oc i,!li on and had bee n invol ved in field mana gemen t in Jssociation with South Suburban He Englew•Jod City Council Octohe•; 4, 1993 l'•gc 6 ag reed wilh 1he need for additional fields and stated strong suppon for the proposed regi onal pa rk. Doh Vitt, 3664 East Gedde s Driv e. affirmed the crit ical need for fields . He confirmed 1ha1 approx imal ely 30 10 40 you1h s. out of 140 of those he is involved wi1h. arc actually Englewo od res idem s. Mikt G•uthr, 824 5 Sou 1h Ogden Circle, President of Apache Baseball League, ech oed th e se111imcnl s of previ ous speakers concerning the critical needs for additional playing fi elds . He siro ngly urged approval of1he plan . Concerning the miniature golf course, Mr. Gauthe slated he wns aware ofi1s inclu sion. bul did not have commcnl s to offer concerning it s need . M•ry Ann Loeffler, 7367 South Fillmore Cirr.le, staled she was an educator in lh e firld of physi ca l td uca 1io n and rec rca li on as well as a concerned parent of a specia l need s child . Sh e stro ngly advoca led recrea 1i on whi ch emph as izes and incorporat es pan ic ip a1i on by fa mili es fo r h,·ndi1s 10 be rea lized by bo 1h 1h e yo ulh and se nio r ci1izens . Ms . Loe ffier . respond ing 10 a q1,cs 1ion conce rn ing 1he min ia lure gol f co urse. staled 1hat in her opinion. the miniature golf course <'uld be incl uded in th ose ac 1ivi1 ies which promole a quality lei sure lifest yle for famil ies as she is c,·nain i1 wo uld be acces sib le 10 peo pl e of all ages and fo r all di sa biliti es. llnvid Lorrn z. Saf~y Director of Sou1h Suburban Parks and Recreation. spoke spec ifi ca ll y co nccrn i~g th e minia 1ure go lf course. He stated thal from th e beginning the staff and Bo ard of So u1h Suburb an had de sired to see a miniature golf cou rse inc lud ed in 1he Regional Park . Th ey arc nwarc of1h c minia 1ure go lf co ur se in Englew ood, but agreed that probably some of th e rc sidcms of 1hc so u1h ern and eastern poni ons ofSou1h Suburban Dis1rict are un aware ofi1 sin ce i1 is nol rea dily accessi ble 10 1hcm. He stressed thal Bell evi ew Avenue is a hig h traffic stree l and 1ha 1 a need cxis 1s for an ad di1i onal miniature golf course . He explained that a pri va te bu sine ssman has come fo rwa rd wh o is will ing 10 put h,s mo ney into 1hi s project. He stated 1he inclusion of th e 111inia 1u re go lf course is simi lar 10 lh c peiti ng zoo and th e train , that th ey all pro vi de an at1rac ti on an d ad d 10 1he ame ni1ies offer ed by th e proposed regional park . He stated golf is one of the fns 1cs 1 growi ng spons in the cou nt ry and th a1 minia ture go lf is pan oflhat growth . He add ed th at ,·vc n 1hough the re is an ap peara nce of competiti on. 1ha1 South Suburban is leaving it to 1hc pri va te sc,tor and 1101 pull ing any money int o the activi ty. He co ncluded by concurring wi1h •~r . Wnndcock 1hat wi1h app rova l of Am endment I (TABOR Am endm ent) th ere is a conce rn on Sn 111h Suhurb an's pan abo u1 main1 ainin g the park wi1hout the revenu e siream provid ed by the 111i nia 1urc go lf co ur se and baning cages. that I hos e fund s could help defr ay maintenan ce ex penses "" he c111 ir c park po n qu es 1i onin g, he rei 1cra ted lhe bencfil s 10 be rea li zed by indi vidua ls and liun ,·:cs .-hould 1h e pa rk be come a reali1 y . . Jim Ry•n return ed to th e podium and offered a few po int s of cla rifi ca1i on. He confirmed that 1<i1h rega rd 10 liq uor co ntrol in lh e park , So ulh Suburban will co mpl y with Englew ood 's si:rndards li e stre ssed th al th e aug men1 a1io n pl an will ac tu all y enha nce th e fl ows in lh e cr eek r:uhcr 1ha 11 dnnin ish or tcrmin a1c 1hc creek fl ow lhrough Be lleview Par k. He em phatic all y slated 1ha 1 1hc inclu sion cf the minia lure go lf course had bee n discussed at num ero us pu blic hearings . 1hn 1 10 hi s knowledge no objec 1i on were raised . He s1ro ngly suggested 1ha1 the inc lusion of th e I I I I En1lewood Cily Council Orloher 4, 1993 l'•g• 7 rninia1ure golf facility is one th at has cleared the public planning proce'\S and that the course is an integral pan of1he plan . He comme nt ed that revenues 10 be received is not a major budget eleme nl . howe ve r, the revenues are a plus , not a minus . He reviewed onr.e again the ot her amenitie s whic h will be avai lab le 10 citizens J f Englewood and the Di strict . He emphasized the Di s1ri c1's in ten ti on of including 1he private sec tor in lhe malter and advised Co un ci l 1hat th e owners of Riverside Mi ni ature Golf Co urse were give n an opponunity 10 submit a bid on the project . Mr . Ryan asked Mr. Woodcock 10 add ress th e qu es tio n co ncernin g how Li1tleton ci ti zens so ulh of Pren ti ce had viewed thi s prop ose d development as fa r as noi se, li ghtin g, and increa sed persons 10 the area . Mr . Woodcock sta ted th at So uth Suburban had held two ncighhorhood meetings in th at area ; no concern was expressed about th e li ght s or th e imp act on 1ha1 neig hborhood . The mee1ings were well advenise d and fairl y we ll altended . Coun ii Member Gulley inquired about 1hr.1ax base that would be generat ed and about the costs 1ha1 wou ld be involved to patrol 1his area . Ms . Ha yes and Mr . DeWiu re sponded , and Ms . Ha yes offered 10 provide mo re detai led info rma1ion 10 Ci 1y Council prior to its final decision in 1h is ma tt er Ci1 y /\11 omey Dew:., requested an opponuni ty 10 pose question to cenain memb ers of En glewood Ci 1y s1aff lliri•,·1or Fo nda . Dcpanment ofU1ili1ies. in respon se 10 Mr . DcW iu 's ques1ions , confirmed th al he as Dir eclOr of 1ili1ies is res ponsible for wa ter service wi1hin 1he City of Englewood ; 1ha 1 he is familiar wi 1h 1he area ca ll ed "ol d fairgrounds"; that he is a qu alifi ed engi nee r and has s1ud ied 1he So u1h Suburb an Park proposa l fo r th e "o ld fai rgro und s"; th at he is fa miliar with water serv ice and wn 1er serv ice requiremenls wi th in the Ci1y; th at addi 1i onal wate r mai ns may not be required unle ss Sout h Suburban wanls additiona l service , that adequate wa ler service exisls for fire pro 1ec 1ion and 1ha1 . according 10 the Fire Depanmenl . 1he fire hydrant at 1he end of a IO " line wou ld be ad cquale. and that at 1he prese nl lime looping of wate r lines is not requi red and that it is not ncccss.1ry to enter in to a de ve lop er's agreeme nt lo provide water service at thi s panicular si te at 1hi s panicular time Mr . Ft\nda respo nd ed to various qu es tio ns posed by Council wilh regard to \\iller serv ice. all of which reiterated hi s previous testimo ny. llircr tor 111:irk . Dcpanme nt of Rec reation. in response to Mr . DeW in's ques tions wilh regard 10 1h e Pre liminary Mas ter Plan Regio nal Park Complex drawings, confim1ed he is familiar with the area 1ha1 is iden1ified as th e "new pen in g zoo" area . He stated 1ha1 no plan has bee n adop ted by 1hc ('i 1y 10 move 1h c pe ltin g zoo , th a1 no prel iminary proposal ha s bee n made lha t approves thi s pa 11i cul ar reconfigura ti on. bu t th at it has bee n disc ussed with 1he Park s and Recreatio n Com missio n He sta led 1h a1 al 1hc pre se nl time and in th e fo reseeable fu 1ur e. th ere arc no plan s to chan ge 1h e na1urc area. /\s 10 lhc imp ac l the development of Sou1h Suburb an's regional park would ha ve on th e nalurc area. Mr. Bla ck staled it is difficult 10 predicl the spin -o ff effec ts of 1he (lv,rfl ow of people to that area and that it wou ld be ne cessa ry for the Ci 1y to consult with expen s 10 make thi s de1crmi nati on. He confi rmed thal th e area is intended as a preserve for animals and hints He additiona ll y co nfirmed th at 1he plan drawings presented a1 this pub li c hearin g arc idc111i cal to the plans prese nted to th e Park s and Rc creali on Commi ss ion. Englewood City Council Ortober 4, 1993 Pa ge 8 It was determined that the slides anJ drawings discu ssed as part of South Suburban's presentation during th e public hearing are to be retained by the City as official exhibits . There were no 01 er perso ns present wishing 10 address City Counci l co ncerning thi s iss ue. OUNCIL MEMBER BULLO CK MOVED, AND IT WAS SECONDED, TO CLOSE Tilt: PUBLI C II EA RING. Ayes: Co unci l Members Bullock, Saunders , Hathaway, Habenic ht , Waggoner , Gulley , Wiggins Nays : None Moti on ca rried . Ma yor Wiggins exp lain ed th at Ci ty Council wi ll take thi s matter und er adv isemen t and make its decision wi thin the 30-day peri od set forth in the Planned Developmen t procedure established by the Englewood Municipal Code . IO A11p rove on Srrond Reading COIi C IL i\lE i\lRE R GULLEY MOVED , AND IT WAS SECON DED, TO APPROVE 0 'SECOND RE DING AGENDA ITEM I0(a) AS FOLLOWS: (a) ORD I 1A CE NO 47 . ERI ES OF 1993 (COUNC IL 811.;L NO . 50 . INTRO11 UCE D BY HADE IC HT ). ENTITLED : AN OR DINANCE AUTHORIZING CERTAIN AMENDMENTS TO THE FI NANC IIIG DOC UMENTS EXECUTED IN CONNECTION WITH THE CITY OF EN GLEWOC•D, CO LORADO VARIABLE RATE MULTIFAMILY HOUSING REVENUE BON DS ('."HE MARKS APARTM ENTS) SERIES 1985 B; RATIFYING CERTAIN ACTION HERETOFORE TAKEN; AUTH OR IZING THE EXECUTION AND DELI VE RY BY THE CITY OF A CERTAIN FIRST SUPPLEMENTAL IN DENTUR E OF TRUST AND FIRST AME NDMENT TO LOAN AGRF EMENT AND BOND AMENDMENTS AND CLOSING DOCU MENTS IN CONNECTION THEREWITH; APPROVING THE SALE AND TRA NSFER OF OWNERSHIP OF THE PROJECT FINAN CED WITH THE BONDS; AND RE PEAL ING ACTION HERETOFORE TAKEN IN CONFLICT HEREWITH . A es Co un ci l Membe rs Bullock, Saunders. Hathawa y, Habeni cht , Waggo ner, Gull ey, Wigg ins ays one ~h1 1i on ca rrie d. 11 Ortlin:111crs, Reso lu tion s, :inti Motions . (a) Dir ec tor Banhl ome pre se nted a reco mmendation from th e Adminis tra ti ve Servi ces D.rnnment to adop t a reso luti on appro ving the Co llecti ve Bargaining Co nt ract for the l:ng lcwood Fi re fi ght ers Local # 1736 for the years 1994 , 1995 and 1996 . Ms . Barth lomc exp lained th at th e contrac t had been ratified by a majority vo te of the members of th e Englewood F11dightcrs Lo cal # I 736 . It was co nfirmed by the City Attorney that th e co ntra ct and it s pro vision s arc within the co nstra in ts of Amendment I I I I I Englc\Vood City Council Or1oh,r 4, 1993 Pagr 9 The resolution was assigned a number and read by title : RESOLUTION NO . 90, SERIES OF 1993 A RESOLUT ION APPROVING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOO D FIREFIGHTERS LOCAL #1736 AND THE CITY OF E 'GI.EWOOD FOR THE YEARS 1994 , 19>'~ AND 1996 . COUNC IL MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I l(a) -RESOLUTION NO . 90, SERIES OF 1993 . Aye s: Council Members Bullock, Saunders, Hathaway, Habenicht , Waggoner, Gulley. Wiggins ays : None ~t ntion ca rr ied . (b) Director Fonda presented a recomme nd ati on from the Departm ent ofU1ili1ies 10 ad,,pt a resolu t ion amending th e 1993 Annual Budget to finance 1he sanitary sewer flu sher tru ck an d pcrso,mel Mr Fonda provided background infomiation concerning thi s equipment and l'<'"''nn el which is necessary tol!,,wi ng ,he approval of the Wastewater System Servi ce Agr~c menl wi th Sou th Englewood Sa nitation Di strict. The costs to be incurred will be fin anced by th e Wa stewa ter Co llecti on Di vision of the Sewer Fund . Mr . Fonda confi rmed that it is an tic ipat ed th a1 th ese costs will be recouped from the increased revenues . The resolution was assigned a num ber and read by title : RE O1.UTIO NO 9 1. SER IES OF 1993 RES OL UTIO APPROPRIATI NG FUNDS FROM THE CITY OF ENGLEWOOD WASTEWATER CO LLE CTION FU D FOR THE PUR CHASE OF A SANITARY SEWER FL SI !ER TRU C K. COIINCI L MEMBER BULLOCK MOVED, AND IT WAS SECONDED, TO APPROVE .-\GENDA ITEM I l(b)-RESOLUTION NO. 91. Ayes : Counci l Member s Bullock. Saund ers. Hathawa y, Habeni cht . Waggoner , Gulley. Wiggins Nays · None \10tit ,11 carri L·d (c) Di rec tor Fo nd a pre se nted a reco mmendation from the Department of Utilitie s 10 """"i a cc,ntracl in the amount of $67 ,179.7010 SRECO-Flexible. low bidder . for a sa nitary srwcr flu sher unit mounted on a chassis . Engltwood C ity Council Or1obrr 4, 1993 Page 10 COU NC IL MEMBER BULLOC K MOVED, AND IT WAS SECONDED, TO APPROV E TH E LOW BID OF SRE CO-FLEX IBLE FOR PURCHASE OF A SANITARY SEWER FLUS H ER T R UC K IN TH E AMOUNT OF $67,179 .70 . Ayes : Cou nci l Membe rs Bull ock, Saund ers , Hath away, Habeni cht , Waggo ner, Gull ey , Wiggins Na ys: No ne Mol ion ca rried . (d) Direc 1or Fo nd a prc se n1ed a reco mm enda 1io n fro m the Depanm ent of Utilit ie s to award a co nt ract to Moun tai n States Pipe, low bidder, in the amoun t of $36,396.64 for the purc hase of wa ter mete rs. Mr . Fond a provi ded in fo rmation concernin g th e use of th e wa ter mc1crs and the savi ngs rea li zed by purchasi ng them in thi s mann er. Th e fund s are pan of the 1993 bud ge t CO UN C IL M EMB ER GU LLE Y MOVE D, AND IT WA S SEC O N D ED, TO A PPROVE T II E LO W BID OF M O UN T A I N STATES PIPE IN TH E A MOUN T OF $36 ,396 .6 4 FOR PURC HA SE OF WATER M ETERS . Ayes : Coun ci l Membe rs Bull oc k, Sa und er s. Hatha way , Habenic ht . Waggoner. Gull ey. Wigg in s ays : Non e ~lo tio n carried . ( c) Director Fo nda present ed a reco mme nd ation fr om th e Depanment of Util iti es to app rov e a bill for an ordinance termi natin g th e ag ree ment bet wee n th e Cit y of Englewoo d and Cherry Hills Rancho Wa ter and Sani tati on Di stri ct. Mr. Fond a ex pl ain ed that cenain doc um ent s sti ll ,~qu ired si gn atures. but he ass ured Co uncil that th os e doc ument s wou ld be in ha nd prio r to 1h e second read in g of th e co un ci l bi ll . Co un cil Member Gu ll ey asked abo ut reco ur se fo r non- p::;-:n ent. Mr . Fonda co nfir med th at Cherry Hill s Vill age becom es th e res po nsible ent ity, once th e agreemen t wi th Cherry Hill s Ran cho is di ssolved . The City Cler k wa s asked 10 read Co unci l Bill No . 52. entitl ed: CO UNC IL BI LL NO . 52, INTRODUCE D BY COUNC IL MEMBER BU LLO CK A BILL FOR AN ORDI NANCE AUTHO RI ZING TH E TE RMINAT ION AG REE MENT BETW EEN TH E CITY OF ENG LEWOO D, COLO RADO. AN D THE CHERRY HI LLS RA CH O WA TER AND SA NITA TI ON DI ST RI CT .. CO UN C I L M EM BER BULLOC K MOV ED , AND IT W AS SE CON DED , T O A PPRO V E Ata :N DA I TE M I l(e) -CO UNCI L BILL NO. 51. Ayes. Coun cil Membe rs Bull oc k, Sa und ers. Hath awa y, Haben icht . Waggoner. Gu ll ey, Wi gg in s Nays No ne r--.lotion carrie d . I I I I Engltwood Cily Coundl Or1ohcr 4, 1993 P»gt 11 (I) Director Fonda presented a recommendation from lhe Littleion/Englewood Was1ewa1er Trea1mcn1 Supervisory Corrunittec lo approve awarding the bid for the purchase of Digester Gas Com pressors 10 Nash Engineering Company, low bidder, in the amo unt of $8 I, 137 . Mr . fo nda explained the purchase would ta ke place in 1994 with 1994 fund s, and the COSIS will be shared be twee n Englewood and Littleton . COUNC IL MEMBER GULLEY MOVED, AND ITWAS SECONDED, TO AWARD TIIE l'\JRC'IIASE BID FOR DIGESTER GAS COMPRESSOR TO NASH ENGINF,ERING COMPANY IN TIIE AMOUNT OF $81,137. Ayes : Council Members Bull ock , Saunders, Hat haway. Habenicht . Waggoner. Gull ey, Wiggins Na ys · Moti on carried . one 12 Gr nrra l Di sruss ion (a) layor's Choice ~I A \'OR WIGGINS 1\10\"E D, AND IT WAS SECONDED, TO MOVE INTO t:Xt:CIIT I \IE SES ION l'ON ADJOURNMENT OF THE REGULAR MEETING TO lllSCIISS : I) LOWRY LA DFILL: 2) AMERICAN EXCELS IOR. t\h ,u ,m carri ed Ayes . Council Members Bullock, Sa und ers, Hath away, Haben ich t, '.Vaggoner. Gulley, Wiggin s Nays: None (b) Co uncil l\ltmhrrs' Choirt (i) Coun ci l Memb er Haben'du offered a resolution commending the Arapahoe Cou nt She ri ff s Ofli ce fo r thei r effons du ri ng th e World Youth Da y Evem The resolution wa s assig1 wd a num be r an d read by title · RESO L TIO N NO 92. SE RIES OF 1993 A RES OLL TIO P BLI CL Y ACK OWL EDGING ARAPAHOE CO NT Y SHER IFF PATRI CK SULLIVA A 'D TH E MEMBERS OF THE ARAPAHOE COUNTY SH ERIFF'S OFF ICE FOR TH EIR EFFORTS DURI G WORLD YOUTH DAY COUNCIL MEMBER IIA IIENICIIT MOVED, AND IT WAS SECON DED, TO A PPRO VE AGEN0A ITl:1\1 I2(b)(i)-RE OLUTION NO. 92, SE RIES OF 1993. Ayes Cou ncil Members Bull oc k. Saunders. Hathawa y, Habe nicht. Waggor ,e r. Gull ey, Wiggins ays one ~loti on ca rried Englewood Cily Council Or1ober 4, I 993 Pa gt 12 (ii) Coun cil Member Gull ey proposed approaching the Englewood School Disr:ict concerning the $20,000 plus mo:oies which are paid 10 the District annually for use of school fa ilities for the Ci ty's "Before and Aft er School Program ." She sugges ted , since the schools were expressi ng displea sure abou t the discontinuance of the Bookmobi le, that perhaps the Di strict ,vould conside r "forgivi ng" that fee which cou ld th en be used to maintain and provide th e Book mobi le. Afier discussion . Acting City Ma nage r Ha yes offered to ap proach the member s of the School/C ity Commi tt ee with Ms. Gulley's suggestion . (ii i) Co uncil Member Waggoner inquired abo ul the status of any billings received by the Ci ty fro m fon ner Ci ty Manage r Fraser. Ms . Ha yes advised Mr. Waggoner she was aware o f his conce rn s. 13 C it y Manager's Report .-\,·tin~ Cit y M,rnager Ha yes did not present an y issues for discussio n. IJ City Attorney's Report City Att orney DeWitt did not present any issues for discussion . 15 Adjournment C OUNCIL MEMBER BULLOC K MOVED TO ADJOURN . The meeting adjourned at 9.35 ~.;._ ~ ~ CTIYCLERK I